Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2020/10/06 - Regular Packet
MASON COUNTY TO: BOARD OF MASON COUNTY COMMISSIONERS Reviewed: FROM: Ginger Kenyon Ext. 380 DEPARTMENT: Support Services Action Agenda DATE: October 6, 2020 No. 4.1 ITEM: Correspondence 4.1.1 Port of Allyn sent in an Amended CARES Act Funding Request. 4.1.2 Washington State Liquor and Cannabis Board sent in the following a change of corporate officers for the Dab Lab, Liquor license has been discontinued for Casper's Pizza, Liquor license application for Hawk Stop. 4.1.3 Received a letter from the Department of the Navy regarding Notice of availability of the northwest training and testing final supplemental environmental impact statement/overseas environmental impact statement. 4.1.4 A letter was received from U.S. Department of the Interior/U.S. Department of Agriculture regarding two historic wide — scale disasters: COVID 19 pandemic and wildfires. 4.1.5 Port of Grapeview sent in a letter regarding numerous reports of vessel speed and noise violation on the waters of Mason County within the Port's jurisdiction boundaries. Attachments: Originals on file with the Clerk of the Board. Cc:CMMRS Neatherlin, Shutty, Trask Cler-k Por Of Allyn 4 September 17,2020 Port Commissioners: Commissioner Randy Neatherlin Ted Jackson Commissioner Kevin Shutty Commissioner Sharon Trask Judy Scott 411 North 5'h Street Scott Cooper Shelton,WA 98584 Lary Coppola RE:Amended CARES Act Funding Request Executive Director LeAnn Dennis Dear Commissioners, Operations Manager Please accept this letter as an amended request for the Port of Allyn to be included in the distribution of CARES Act funds the County is tasked with administering. We are in receipt of Mr. Pinter's email advising us that our original request was denied by the Commissioners due to the fact some of it didn't comply with the CARES Act requirements.While we were never advised Port Facilities: of what the exact criteria was for compliance, Mr. Pinter was kind enough to send us a copy of Allyn Marina the regulations with the rejection advisement, and we are appreciative of that. and Boat Launch In reading the regulations, it appears that any and all unplanned for and/or unbudgeted North shore Marina expenses that were incurred as necessary to comply with the Governor's Covid-19 mandates and Boat Launch are reimbursable. Consequently, in reading what Mr. Pinter sent us, we discovered there are reimbursable items—such as staff time—we didn't include in the original request, but have Allyn Waterfront included here. Park The cost of renting two Portable Restrooms is necessary as we don't have the staff to Allyn Kayak Park continually sanitize the four restrooms at the Allyn Waterfront Park every time someone uses and Launch them, but we are obligated to provide restrooms. Porta-Pottys were an expedient temporary Port of Allyn measure until the Covid-19 restrictions are lifted. We have provided these since.March, and Water Company expect to do so through the end of this year, and the amount of our request reflects that cost. Also reflected is the cost of maintenance staff cleaning and sanitizing facilities that remain open to the public, as well as the cost of providing hand sanitizer and refilling the dispensers daily. Additionally included is the internal staff cost of complying with the mandates and processing the associated paperwork—i.e. invoices and payments, keeping track of staff time devoted strictly to Covid tasks, etc. 18560 E State Route 3 PO Box 1 We are happy to provide any and all documentation you may require to justify the requested Allyn,WA 98524 amount, as we have detailed records available for your inspection.Therefore,we are requesting 360-275-2430 CARES Act Funding in the amount of$5,944.89. info@portofaIlyn.com Our request breaks out as follows: www.portofallyn.com $1,620—Portable Restroom Rental $169.29—Hand Sanitizer and Dispensers $2,568.60—Extra Maintenance Staff Time Cleaning, Sanitizing, Etc. ® ® $1,500—Additional Executive Staff Time Dealing with Compliance Mandates $87—Additional Signage for Public $6,944.89—TOTAL REQUESTED AMOUNT Considering the overall amount of CARES funds you are charged with administering,this is a relatively small request—but it is large for the Port—as these are major unbudgeted revenue items for us. We thank you in advance for your consideration of our request. Sincerely, oppol Executive Dire or CC: Frank Pinter Diane Zoren Jennifer Baria Port of Allyn Commissioners Cc:CMMRS Neatherlin, Shutty, Trask C Jp.IJI 11dM p(Itl f e Washington State K,&we h, 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://lcb.wa.gov RETURN TO: localauthority@sp.lcb.wa.gov UPDATED DATE: 9/17/20 TO: MASON COUNTY COMMISSIONERS RE: CHANGE OF CORPORATE OFFICERS/STOCKHOLDERS APPLICATION U B I:603-351-059-001-0003 APPLICANTS: License: 430394 -7B County:23 AMAZING GARDENS LLC Tradename:THE DAB LAB REIDT, JEREMY ALLEN Loc Addr: 160 W WESTFIELD CT UNIT F 1981-07-20 SHELTON,WA 98584 CALDEJON, SHIELLA DIANA (Spouse) 1986-07-03 Mail Addr: 2307 56TH ST SE BONAPARTE, STACY AUBURN,WA 98092-6597 1979-12-20 MCHENRY, CALVIN Phone No: 206-631-9058 JEREMY REIDT 1982-08-28 Privileges Applied For: MARIJUANA PRODUCER TIER 3 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 clerk-'0, 1/7d 0M +'PldLf fe-e l y•st�CF.LJ . Qj Washington State Licensing and Regulation PO Box 43098 Liquor and Cannabis Board Olympia WA 98504-3098 Phone-(360) 664-1600 Fax-(360) 753-2710 Emailed to: DAVE c.MICNDAVE.COM September 29, 2020 CASPER'S PIZZA 23730 NE HWY 3 STE A BELFAIR, WA 98528 LICENSE: 077762 - 2N U B I: 603-029-337-001-0001 This letter is to notify you that your liquor license number 077762 has been discontinued. You may no longer engage in the production, sale, or service of liquor at the above location. If you wish to appeal this action, you have 20 days from the date of this letter to submit your request in writing to the WSLCB. You may submit your request to: Email: Licensingappeals@lcb.wa.gov Or By mail to: WSLCB Attention: Licensing Appeals PO Box 43098 Olympia, WA 98504-3908 Sincerely, Customer Service /YCA Licensing & Regulation T: 360 664-1600 cc: County of Mason Olympia Enforcement WSLCB Beer and Wine Unit 10/2019 Cc:CMMRS Neatherlin, Shutty, Trask CEerf o.W I I'l d oyt'l .4 pall see Washington State Liquor and Cannabis Board NOTICE OF LIQUOR 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://lcb.wa.gov TO: MASON COUNTY COMMISSIONERS RETURN TO: localauthority@sp.lcb.wa.gov RE: NEW APPLICATION DATE: 9/29/20 U B I:604-659-613-001-0001 License: 366475 -2N County:23 APPLICANTS: Tradename: HAWK STOP NIEVES SANCHEZ ENTERPRISES, LLC Loc Addr: 11880 N US HIGHWAY 101 SANCHEZ, BLANCA SHELTON WA 98584-9709 1980-10-21 NIEVES, ISAEL Mail Addr: 1851 E FAIRBANKS ST (Spouse) 1970-08-14 TACOMA WA 98404-4848 Phone No.: 253-883-7019 BLANCA SANCHEZ Privileges Applied For: GROCERY STORE-BEER/WINE As required by RCW 66.24.010(8), the Liquor and Cannabis Board is notifying you that the above has applied for a liquor 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 CHRI desk at(360)664-1724. 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 314-09-010 for information about this process) 4.If you disapprove,per RCW 66.24.010(8)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 CTerk`� DEPARTMENT OF THE NAVY COMMANDER UNITED STATES PACIFIC FLEET 250 MAKALAPA DRIVE PEARL HARBOR,HAWAII 96860-3131 " �'1 D IN IN O9OY REFER TO: Ser N46B/1083 SEP 22 2020 September 08, 2020 Dear Sir or Madam: Mason County Commissioners SUBJECT: NOTICE OF AVAILABILITY OF THE NORTHWEST TRAINING AND TESTING FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT STATEMENT/OVERSEAS ENVIRONMENTAL IMPACT STATEMENT This letter is to inform you that the Department of the Navy(Navy)has completed a final supplement to the 2015 Northwest Training and Testing(NWTT) Final Environmental Impact Statement/Overseas Environmental Impact Statement(EIS/OEIS)to assess the potential environmental impacts associated with military readiness activities within the NWTT Study Area, referred to as the "Study Area." Military readiness activities include training and research, development,testing, and evaluation activities,referred to as "training and testing." The Navy understands the challenging times our world and nation face with the COVID-19 pandemic, and the impact it has had on our governments and communities. It is times like these that the readiness of our military forces becomes even more critical. Our service members need to be prepared for a.wide range of potential situations, from combat to humanitarian assistance and disaster relief. In October 2015, the Navy completed an EIS/OEIS for training and testing activities occurring within the Study Area from 2015 through 2020,for which a Record of Decision was signed in October 2016. The supplement to the 2015 NWTT Final EIS/OEIS supports ongoing and proposed future activities conducted at sea and in associated airspace within the Study Area beyond 2020. Proposed activities are similar to those that have occurred in the Study Area for —decades_and previously analyzed_h-ffie-ZQL5-document. _ In the Final Supplemental EIS/OEIS,the Navy evaluated new,relevant information, such as more recent marine mammal density data and scientific information, and updated previous environmental analyses as appropriate. The Navy prepared the Final Supplemental EIS/OEIS to support the issuance of federal regulatory permits and authorizations under the Marine Mammal Protection Act and the Endangered Species Act. The Study Area remains unchanged from the 2015 analysis, and the Navy is not proposing to change or expand the Study Area. The Study Area is comprised of established maritime operating areas and warning areas in the northeastern Pacific Ocean, including areas within the Strait of Juan de Fuca,Puget Sound, and the Western Behm Canal in southeastern Alaska. The Study Area includes air and water space within and outside Washington state waters and established special use airspace,Navy pierside and harbor locations within Washington state 5090 Ser N46B/1083 September 08, 2020 waters; and air and water space outside the state waters of Oregon and Northern California (Enclosure). A predominant portion of the study area offshore remains outside of 12 nautical miles from the coastlines of Washington, Oregon and California. No land-based activities were analyzed in the Final Supplemental EIS/OEIS. The Navy's Proposed Action is to continue training and testing activities within the Study Area. These activities include the use of active sonar and explosives. The Navy will continue to implement mitigation measures to avoid or reduce potential impacts on marine species and the environment from training and testing activities. The purpose of the Proposed Action is to continue training and testing activities to ensure the Navy can accomplish its mission to maintain, train, and equip combat-ready naval forces capable of winning wars, deterring aggression, and maintaining freedom of the seas. To achieve and maintain military readiness, the Navy-proposes to: • Continue training and testing activities at sea and in associated airspace at levels required to support military readiness requirements beyond 2020. • Incorporate evolving mission requirements, including those resulting from the development,testing, and introduction of new vessels, aircraft, and weapons systems into the fleet. The completion of the Final Supplemental EIS/OEIS follows years of research, analysis, stakeholder and tribal engagement, and public involvement. The Navy welcomed public involvement and input during the 2017 scoping process and in 2019 held eight public meetings throughout Washington, Oregon,Northern California, and southeastern Alaska to provide information and obtain public input on the Draft Supplemental EIS/OEIS. Comments received from the public, government agencies and officials, and tribes were considered, and the Navy's responses to those comments are included in the Final Supplemental EIS/OEIS. Changes made in the Final Supplemental EIS/OEIS reflect the Navy's consideration of all substantive comments received, information raised during ongoing regulatory processes, and Navy refinements to the Proposed Action. Concurrent with the National Environmental Policy Act public involvement process,the Navy engaged with consulting and interested parties in the National Historic Preservation Act Section 106 process regarding potential effects of proposed training and testing activities on historic properties. Under Section 106,the Navy is awaiting the Advisory Council on Historic Preservation's final review and response, and will conclude this process prior to malting a final decision for the project. The Navy is also continuing government-to-government consultations with tribes regarding tribal treaty rights and protected tribal resources. In accordance with National Environmental Policy Act regulations,the Navy will wait a minimum of 30 days after publication of the Final Supplemental EIS/OEIS before making a final decision on the action. 2 5090 Ser N46B/1083 September 08, 2020 The Navy is committed to providing an accessible version of the Final Supplemental EIS/OEIS to the public during COVID-19 conditions. The document will be availabld to the public on the project website www.NWTTEIS.com beginning September 18, 2020. If you need assistance accessing the document,please contact Ms. Julianne Stanford,Navy Region Northwest Public Affairs Office, at julianne.stanford@navy.mil or 360-867-8525. If you have questions or would like additional information,please visit www.NWTTEIS.com or contact: Naval Facilities Engineering Command Northwest Attention: NWTT Supplemental EIS/OEIS Project Manager 3730 N. Charles Porter Ave.,Building 385 Oak Harbor, WA 98278-3500 Please help the Navy inform the community about the availability of the Final Supplemental EIS/OEIS by sharing this information with your staff and interested individuals. Sincerely, A. K. HUTCHISON Captain,U.S.Navy By direction of the Commander Enclosure: Northwest Training and Testing Study Area 3 Enclosure: Northwest Training and Testing Study Area Southeast Alaska 4,cous i t Measu emant F orlrt - Southeast Alaska Acoustic ; .j \ �Measurenlent'Facility- C'!e r7nwd.Perrru7da tii,/r.,11\ Static Site C A N A D A. �'- s1w` Revillagigedo jj1 e r nderway Site `pip P CI C' i J l C 0C r a nJ` Ketchlkan 1< 'W a s h i n g t'o ni M o n t a n a IN 3 , .Seattle ?� W-237 Naval Air Staff b4. Whidbey lstat `� "Naval Arr Station'. , t Whidbey island Tacoma Navyy,1 _ r Sea'.Plane ease OPAREA Olympic 1 n air UJ �..�Crescent.Harbor EOD 1 deem de F ircci j 't3^\ Trainitlg;F lge- Quinault _.,CHNOOK:fr,MO Nav Y'7 oPAREA Portland AB i Range - Site Naval Magaz!ne!. . I - �.. -Naval,Siatior% Indian Island 1 l "—' Everett O r e g o n CHINOOK MOAA' Hood Canal EOD �rl' i} f( Naval Base: . , Training_Range' =. F 1.�:. KrtsapBangor, , - � Y� / � b i-• 1 a� + <> eatile i"t Dabob`Bay r Range.Complex ° Maiibhester. ' _ site NavaGU,nde I s a s`' Fuel Depot Warfare Ge er, Puget Sound .: Drno �I Naval shipyard Keyport`Range/, �i ) G rr Inlet Site �7. v, ,. Operations Area' � �J` - CaIIf..arn-ia - - I Legend • Precision Anchoring Drill Area ! j Operating Area(OPAREA) / 0 100 200 km i Navy Installation Naval Undersea Warfare Center I I I Northwest Training and Testing Keyport Range Complex 0� 5 00 NM (NWfT)Study Area N Special Use Airspace 1:10,250,000 Explosive Ordnance Disposal Military Operations MOA (EOD)Underwater Training Range ® y p ( ) Coordinate System VVGS 84 UTM z10 Naval Surface Warfare ® Restricted Area Center Operational Area Warning Area IJV.7111D6260v10 CC:CMMRS Neatherlin, Shutty, Trask �Glerk.�' IV U.S.Department of the Interior /U.S. Department ofAgriculture �oR�sT seRvicF BUREAU OF LAND MANAGEMENT/U.S.FOREST SERVICE Oregon State Office /Region 6 V 1220 SW 3rdAvcnue,Portland,Oregon 97204 blm.gov/orcgon-washington•fs.usda.gov/r6 9AtttENTOFAGRIC�� September 21,2020 To our friends and neighbors in the Pacific Northwest, The events of the past few days and months are difficult to put into words. We are in the midst of two historic wide-scale disasters:the COVID-19 pandemic and wildfires,the extent of which none of us has experienced in our lifetimes.As a community, our resilience will be challenged by this disaster and its aftermath for many weeks and months to come. Families have lost loved ones, and many more are missing.Neighbors have been forced from their homes. Some have no home to return to. Special places within our public lands systems have been impacted by these fires as well;places where many of us found solace in nature, especially during the pandemic. As the Bureau of Land Management,USDA Forest Service, and our other interagency partners continue to battle blazes on both public and private lands,our hearts are heavy over the devastation.These are our communities too. We have only begun to see the extent of these losses, and we will not know their full impact until the fires are out. Our focus continues to be protecting the lives,health,and safety of our firefighters,first responders,and neighbors. Our fire and aviation management organizations are working together with tribal, state, county, and local fire and other public safety and emergency management officials to contain or suppress existing fires and get information to those most affected. Due to seasonal drought conditions, fire danger remains extremely high throughout the Northwest, even with most welcome, but intermittent, rain. We ask everyone to do their part by preventing new fires and staying away from active fire areas.For your safety,please do not return to evacuated areas. In the coming weeks and months,there will be many conversations about the management of our public lands informed by these terrible events.We look forward to working together on realistic,long-term solutions to rebuild healthy forests. The courage and strength of communities in Oregon and Washington continues to inspire us.Thank you for your words of appreciation for our firefighters and frontline personnel.We are grateful for the local and State employees helping to clear roadways and repair towns impacted by downed trees and powerlines;and for community members offering their neighbor a place to stay during these evacuations. We appreciate your sacrifices. Watching the Pacific Northwest come together to support and care for one another demonstrates how remarkable this community is, and why we are proud to be part of it. We have a long road ahead,but we will walk it together. Sincerely, BAR RY Digitally signed by t'Digitally signed by ,NBARRY BUSHUE GLENN AGLENN CASAMASSA B U S H U E `-~bate:2020.09.21 CASAMASSA?ate.2020.09.22 18:07:53-07'00' �y 08.54.05-07'00' Barry R.Bushue Glenn P. Casamassa State Director,Oregon/Washington Regional Forester,Region 6 Bureau of Land Management USDA Forest Service Cc:CMMRS Neatherlin, Shutty, Trask Clerk''� PORT OF GRAPEVIEW P.O. Box 3 Grapeview, WA 98546 www.portofL7rapeview.com 425-610-6552 September 15, 2020 EEQVE� Mr. Michael Dorcy Mason County Prosecutor SEP 25 2020 P.O. Box 639 Shelton, WA 98584 Mason County Commissioners Sheriff Casey Salisbury Mason County Sheriff P. 0. Box 1037 Shelton, WA 98584 Gentlemen, The Commissioners of the Port of Grapeview have had numerous reports of vessel speed and noise violations on the waters of Mason County within the Port's jurisdictional boundaries. To determine the magnitude of the issue, we assigned the task of investigation into the issue to the Port's Strategic Planning Advisory Committee (SPAC). The SPAC is comprised of local residents, two from each Port district. After careful consideration of the numerous complaints from the residents and the owner of the Fair Harbor Marina and Mason Lake,the SPAC has recommended to us that we Commissioners set up a meeting with both of you and the Strategic Planning Advisory Committee to obtain your interpretation of Mason County Code Chapters 9.04 and 9.36 and report back to us. We request that you reach out to the SPAC at adminftortofgrapeview.com to discuss scheduling. Thanking you in advance, Respectfully, John Anderson Glean Carlson Jean Farme'r Gommsioner Commissioner Commissioner District I District 2 District 3 CC: Mason County Commissioners D1 and D2 Mason County Clerk of the Board Email, admin@portofgrapeview.com PROCLAMATION DESIGNATING MASON COUNTY A CLEAN'ENERGY COMMUNITY : WHEREAS, Washington State continues to be a national leader in clean energy policy and recognizes the benefits for our Climate,our planet,and our residents;and WHEREAS,Washington State has set a goal to-be powered by 100%clean energy by 2045;and WHEREAS, Mason County receives its energy from-its two operating public utility districts, Mason County PUD Nos. 1 & 3, Whose fuel mixes consist of resources that are already on average 95-98%carbon free;and WHEREAS, Mason County, and the Pacific Northwest, has benefitted for over 80 years from the low cost, preference hydropower that makes up the majority of our public utility districts'•energy resources, thus making Mason County a more affordable place to live and conduct business;and WHEREAS, Mason County intends to continue to stimulate and recruit economic:development to expand the County's tax base, providing jobs and public services for Mason County families;and WHEREAS, Mason County recognizes the role that clean, affordable energy plays in the ability to effectively sustain our economy;and WHEREAS, Mason-County has three.privately operated, small.hydroelectric systems generating 26,968 megawatts of clean, renewable energy over a five-year period;and WHEREAS, Mason County also has approximately,1,'250 kilowatts (dc)•of solar connected to the two public utility"districts' power grids, which includes residential/commercial roof top solar, self-consumed solar, and community solar arrays, in addition to 6 kilowatts(dc)from two privately owned residential wind projects;and WHEREAS, Mason County's two public utility districts have provided energy efficiency programs that have helped save its customers more than 23,783,206 kilowatt hours in energy over the last decade which equates to roughly$1.7 million dollars in savings for Mason County residents in today's dollars;and WHEREAS, Mason County is committed to helping Washington State achieve its clean energy goals and reduce the County's overall energy consumption;and WHEREAS, the.term "clean energy" encompasses many thriving business-sectors including energy efficiency, renewable energy,, electric vehicle's, clean fuels, energy storage, and advanced grid.technologies that are critical to the health and economic growth of our county and its citizens. NOW THEREFORE,BE IT RESOLVED,THAT: • Mason County pledges to collaborate with Mason County PUD Nos. 1&3 to help facilitate the permitting of rooftop solar arrays;and • Mason County pledges to seek financial rebates for weatherization and 'energy efficiency upgrades, when appropriate,at the County-owned and leased buildings;and • Mason County pledges to add the consideration of electric vehicles when replacing County fleet;and • Mason County pledges to collaborate with-Mason County PUD Nos. 1&3 to help facilitate the deployment of zero emission vehicle charging infrastructure;and • Mason County is hereby designated as"a-"Clean Energy Community"and shall help facilitate the installation of signs at designated entrances to Mason County to highlight this designation to visitors and residents.. Dated this 6th day of October,2020 BOARD OF MASON COUNTY COMMISSIONERS Sharon Trask Randy Neatherlin Kevin Shutty Chair Commissioner Commissioner NEWS RELEASE October 6,2020 MASON COUNTY COMMISSIONERS 411 NORTH 5T"ST SHELTON,WA 98584 (360)427-9670 EXT. 419 TO: KMAS, KRXY,SHELTON-MASON COUNTY JOURNAL,THE OLYMPIAN,SHELTON CHAMBER OF COMMERCE, NORTH MASON CHAMBER OF COMMERCE, CITY OF SHELTON, ECONOMIC DEVELOPMENT COUNCIL,THE SUN RE: Planning Advisory Commission Vacancy Mason County is seeking applications for the Mason County Planning Advisory Commission.There is one open seat represented as an at-large position.Applications will be considered from all three Mason County Commissioner Districts. The Planning Advisory Commission is a seven-member citizen board appointed to advise the Board of County Commissioners on policies related to amendments to the Comprehensive Plan,Shoreline Master Program, Resource Ordinance and other development regulations in addition to making recommendations on rezone applications. The Commission typically meets at least once per month on the third Monday at 6:00 p.m.,with special meetings scheduled, as necessary.Appointed Commissioners normally serve a four-year term. Currently,the at-large position will be filling a vacancy set to expire in January of 2022. Applications to serve on the board are being accepted until the position is filled,and should be submitted to the Mason County Commissioners,411 N. 5th St.,Shelton,WA 98584. Application forms may be obtained from the Commissioner's Office, (360)427-9670 ext.419 or visit our website at www.co.mason.wa.us. BOARD OF MASON COUNTY COMMISSIONERS Sharon Trask Kevin Shutty Randy Neatherlin Chair NEWS RELEASE October 6, 2020 MASON COUNTY COMMISSIONERS 411 NORTH 5T" ST SHELTON, WA 98584 (360) 427-9670 EXT. 419 TO: KMAS, KRXY, SHELTON-MASON COUNTY JOURNAL, THE OLYMPIAN, SHELTON CHAMBER OF COMMERCE, NORTH MASON CHAMBER OF COMMERCE, CITY OF SHELTON, ECONOMIC DEVELOPMENT COUNCIL, THE SUN RE: Mason County Historic Preservation Commission The Mason County Commissioners are seeking an applicant to fill open positions on the Mason County Historic Preservation Commission. The major responsibility of the Historic Preservation Commission is to identify and actively encourage the conservation of Mason County's historic resources by initiating and maintaining a register of historic places and reviewing proposed changes to register properties. They also work to raise community awareness of Mason County's history and historic resources and serve as Mason County's primary resource in matters of history, historic planning, and preservation. Commission members serve three-year terms and meet monthly, during business hours, at the County offices in Shelton. During COVID these meetings are being held via Zoom. These new terms will run from December 2020 to November 2023. Applicants must be residents of Mason County. Interested persons are encouraged to apply for this commission by completing an advisory board form that can be downloaded from our website— http://www.co.mason.wa.us/forms/advisory/Advisoryboardapp.pdf or by calling the Commissioners' office at 427-9670 ext. 419 or 275-4467 ext. 419. Completed applications should be submitted in the Commissioners' office at 411 N 5th Street, Shelton. Positions are open until filled. If there are questions about theses positions, please contact Michael MacSems at 427- 9670 ext. 571 or by e-mail at HPC(cD-co.mason.wa.us. 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 September 28,2020 Monday, September 28,2020 9:00 A.M. Treasurer—Lisa Frazier Finance Committee Recommendation Commissioners Trask and Neatherlin and Shutty were in attendance via Zoom. • Scott Bauer shared a PowerPoint on refinancing some of the county's outstanding bonds and loans as well as the current bond market. Thirteen banks were reached out to for indicative interest rates. The Financial Committee decided to pursue direct placement. Five proposals were provided;however no one bank could provide everything requested. Three banks were top contenders. Scott also shared the savings summary if the county were to refinance. The County can reject the bids or proceed with the Bond Resolution. This was the same presentation given to the Finance Committee who then chose to move it forward to the Commissioners. Cmmr. Neatherlin shared that he feels this result was better than what he expected and is supportive of this option. Cmmr.Trask also feels it is a great savings and beneficial for the County,agrees it would be good to move forward. Lisa Frazier feels this is also the best option. Resolutions can be made ready for the October 20 Commission meeting. Scott will bring term sheets forward to sign. 9:20 A.M. Assessor/Auditor/Treasurer—Patti McLean/Paddy McGuire/Lisa Frazier Update on QLess Software/Opening to the Public Commissioners Trask,Neatherlin,and Shutty were in attendance via Zoom. • Auditor Paddy McGuire shared that the Auditor/Assessor/Treasurer offices are continuing to work through bugs with the QLess system. The scheduling function allowing people to schedule for the next day is operational. Treasurer Lisa Frazier shared that nothing has been publically broadcast due to a number of issues but feels they may be ready to advertise. She also feels the system is working better and getting easier. They are working towards providing additional services with the system. The QLess system is pretty successful overall. First floor doors are still locked,there needs to be discussion about readiness. We will need to be prepared to have Commission meetings open to the public if we decide to open our doors. Cmmr.Trask shared that we may not have enough space to meet the spacing requirements.Cmmr. Neatherlin shared that property values have skyrocketed and that many calls are coming in about that. 9:30 A.M. Auditor—Paddy McGuire Elections Grant Commissioners Trask,Neatherlin,and Shutty were in attendance via Zoom. • Third grant received in the last six months. We have received the CARES grant(1"),HAVA grant(2") -third appropriation from this grant,and Center for Tech and Civic Life(2°d),all money needs to be spent by December 31,2020. Paddy would like to hold off on spending this third grant which does not need to be spent until 2024. $10,000 to the new security/public camera system split between CARES and HAVA. Needs authorization from Commissioners to use the $1 Ok from HAVA. Cameras on ballot boxes are a challenge due to many being on private property. Putting more people in the observation room for ballot processing will be a challenge. Cmmr. Shutty asked if COVID were not an issue,is there enough room for public observation. Auditor McGuire responded that they can accommodate in normal times,but with COVID it is very difficult. 9:40 A.M. Sheriff s Office—Sheryl Hilt Contract amendment for Healthcare Delivery Services/Mason County Jail Commissioners Trask,Neatherlin,and Shutty were in attendance via Zoom. • Contract amendment for health care delivery system cost increase for nursing services in the Jail was approved to move forward. 9:55 A.M. BREAK Board of Mason County Commissioners'Briefing Meeting Minutes September 28,2020 10:00 A.M. Community Services—Dave Windom Commissioners Trask,Neatherlin,and Shutty were in attendance via Zoom. • Resolution authorizing the Community Services Director to sign amendments to the Consolidated Contract(ConCon)to shorten the turn-around time in the signature process.The amendments will still be briefed. Approved on a limited time basis. • Permission granted for Community Services to post and fill the vacated Building Inspector position. • The Board approved the selection of Josh Luck for Lead Building Inspector. • Planning Advisory Commission news release will be on October 6 agenda for vacancy. • Rezone request from Port Blakely for 160 acres in Kamilche area zoned rural residential 20 would like to expand to long term commercial forest. Request to set the public hearing on November 3 was approved. • Request to set hearing on November 3 to consider request from Green Diamond Resource Company to rezone 21.6 acres from LTCF to IH and rezone 35.6 acres from IH to LTCF approved to move forward. • Request to set hearing on November 3 to consider a rezone of a.2 acre parcel from VC to Residential 2 within the Allyn UGA was approved. • Water quality contract updates for the Hood Canal Regional PIC program approved for the October 6 agenda. • News release for two open seats on the Historic Preservation Commission will be issued at the October 6 meeting. • Dave presented additional changes to staff in Community Services that includes creating a Pandemic Response Administrator,salary range 33,and Community Development Administrator, salary range 44. Still working on the Financial Administrator position. PAC Manager was at salary range 33. Pandemic Response Administrator position is temporary and currently funded through June 2021. Cmmr.Trask requested the reorg with the salary ranges. Dawn relayed that the Pandemic position needs to be discussed with the Teamsters labor union. The Pandemic position needs to be tied to the funding. Approved to move forward with the Community Development Administrator position. The Pandemic Response Administrator position needs further review-is it a labor union position and the job description needs funding included. Special pay to Env Health Manager and Planning Manager will be removed because the Community Services Director is back in Community Services. • Community Lifeline amendment extending the Commerce COVID Outbreak Emergency Housing Grant to December 31,2020 approved for October 6 agenda. 10:30 A.M. Public Works—Loretta Swanson Utilities&Waste Management Commissioners Trask,Neatherlin,and Shutty were in attendance via Zoom. • Cmmr. Shutty reported that he has talked to Green Diamond and they will not allow access to the 800 or 808 Roads at all. Public Works,FPD 16 and Emergency Management have met on how to deal with evacuating in a flood event. Loretta stated the choices are to evacuate in a road closure situation or shelter in place.It was pointed out that most rescues involve non-valley people and installing gates may be done to keep people out. Community outreach will also be done. Chief Welander and Ross McDowell participated in the discussion. Discussion of where the evacuees will go. Staff directed to prepare for emergency shelter. It's estimated there could be up to 100 evacuees. Chief Welander stated there are options including offering RV space at the fire station and possibly at the race track (The Ridge)property. Chief Welander stated the valley residents are frustrated with not being able to use the Green Diamond roads. Staff is inspecting the roads this week to see what it would take to bring the roads to county standards. There is also the option to take control of the roads in an emergency event. Next step—create a mailing data base and cross reference with the Alert Sense participants. Ross will sign the notification letter and get it mailed. Board of Mason County Commissioners'Briefing Meeting Minutes September 28,2020 • Request to set public hearing on November 3 to consider the 2021 Annual Construction Program and the 6-year Transportation Improvement Program approved. • Commissioners approved moving forward surplussing certain vehicles and equipment. • Approved to purchase reinforced rubber snow plow blades. • Approval to appoint a temporary Solid Waste Attendant Lead. • Contract with Parametric to provide Post Landfill Closure On-Call Services for Eells Hill Landfill approved to move forward. • Cmmr.Neatherlin asked for various updates—Railroad crossing with Department of Navy,plans have been submitted;Bear Creek Dewatto and Elfendahl Pass stop bars are being done today; requested status of repaving of Highway 300;asked the Commissioners to consider changing speed limits in the Belfair UGA to 35 mph. 11:00 A.M. WSU Extension/Noxious Weed Control—Patricia Grover Commissioners Trask,Neatherlin,and Shutty were in attendance via Zoom. • Request to approve two grants from Department of Agriculture for the Noxious Weed Control was approved. 11:10 A.M. Assessor's Office—Patti McLean Commissioners Trask,Neatherlin,and Shutty were in attendance via Zoom. • Reclassification request for the Levy/Personal Property Technician position. The request was denied by Frank Pinter because this position was combined two contracts ago and the current salary was negotiated at that time. There have been no job duty changes. Patty McLean stated her office tried to negotiate this salary change during labor negotiations but were denied. The Board pointed out the labor union represents the employees. This request does not meet reclassification requirements. 11:20 A.M. Support Services—Frank Pinter Commissioners Trask,Neatherlin,and Shutty were in attendance via Zoom. • Kathy Haigh,Housing Authority Commissioner,requested the Commissioners review the purchase offers for Kneeland Park and Pine Garden at $1.2M each and the offers include keeping them low income housing. The Housing Authority owes Bremerton Housing Authority and the Longview Housing Authority. Request is to rewrite the resolution that established the Housing Authority to include hiring a Director;concerned with no oversight of the Housing Authority business;have not had any meetings since COVID; Kathy will stay on as Chair if a Director is hired. Cmmr. Shutty agreed it's time to establish a temporary Director position and suggested the County use a RFP process soliciting an organization to manage the Housing Authority. He has no issue with moving forward the purchase offers. Cm=.Neatherlin supports hiring a Director position and believes the Housing Authority can hire that position;supports the sale but will need an appraisal;hopes the proceeds will be used to build additional housing.Kathy has sent the purchase offers to Frank. She noted there are mortgages on the properties. Cmmr. Shutty would like the vouchers returned from the Bremerton Housing Authority and Kathy pointed out that would take a staff person to manage that process. Cmmr.Trask supports a Director position. A yellow book appraisal needs to be done by the Housing Authority. Frank noted there is$30K available from HB 1460 housing money from the County. Kathy stated the Housing Board is not responding and does not have a quorum so this business needs to be conducted by the County. Frank—yellow book appraisal;RFP for Director. He will review these requests with legal staff. Lydia—would like to review this request considering what housing money is available. Kathy will check back with Frank in two weeks. • Beckman contract expires in December 2020;request to extend for 2 additional years was approved. • 4'h Quarter Meeting Schedule including 2021 Budget Workshops was enclosed. • Frank reviewed the Corona Virus Relief Fund distribution list. This funding must be spent by November 30,2020. $105,000 repair to Courthouse HVAC system has been denied by AOC and the judges are requesting the County fund this from other sources; Cmmr. Shutty asked if Building 10 provides court space; upgrading the HVAC system in the courthouse will Board of Mason County Commissioners' Briefing Meeting Minutes September 28,2020 accommodate holding court and allows the required social distancing; Cmmr.Neatherlin supports using REET money for the$105K HVAC repairs; concern with utility assistance to the PUD's,he wants to be certain there is proof the delinquency is due to COVID;concerned with funding Hood Canal Cable. • Review of agreements with PUD 1 and PUD 3 for COVID expenses. Cmmr. Shutty is supportive and suggested the PUD's participate in a briefing next week for further discussion. • Contract with PUD 3 for reimbursement of Wi-Fi Hotspot locations approved to move forward but have PUD sign the contract prior to the County and that the contract cover both payments. • $300K additional funding to EDC for business assistance was approved to bring forward a contract. Cmmr. Shutty asked to include the hospitality industry. • Daycare assistance—contracting with the YMCA and Boys&Girls Club to provide daycare at the Olympic College. Cmmr. Shutty would like to table this discussion,he needs to exit this meeting to attend another meeting. Need to consider the status of school reopening. • Proclamation designating Mason County a clean energy community approved to move forward. Cmmr. Shutty left the briefing at 12:50 p.m. 11:45 A.M. Therapeutic Courts—Judge Goodell/Rene Cullop Commissioners Trask and Neatherlin were in attendance via Zoom. Cmmr. Shutty was absent. • Request to hire a Therapeutic Court Caseworker under the SAMHSA FRC Expansion Grant approved to move forward. • Professional Services contract with NW Resources II for a Certified Peer Counselor paid with CJTA funding. This will be a new position at NW Resources funded with CJTA funding and this contract establishes the position. The contract ends July 2021. Lydia expressed concern with being named in the contract as a responsible party;she is willing to provide technical assistance. Frank agreed to be named in the contract.Contract will be placed on the October 6 agenda. The meeting adjourned at 1:10 p.m. Respectfully submitted, Diane Zoren,Administrative Services Manager BOARD OF MASON COUNTY COMMISSIONERS Sharon Trask Randy Neatherlin Kevin Shutty Chair Commissioner Commissioner 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: October 6, 2020 Agenda Item # ,\ (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 # 8074716-8074956 $ 3,077,942.70 Direct Deposit Fund Warrant# 71506-71876 $ 772,801.06 Salary Clearing Fund Warrant # 7005439-7005467 $ 542,561.64 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 $ 22,085,625.28 Direct Deposit YTD Total $ 13,227,458.57 Salary Clearing YTD Total $ 13,828,558.15 Approval of Treasure Electronic Remittances YTD Total $ 5,762,132.05 RECOMMENDED ACTION: Approval to: Move to approve the following warrants Claims Clearing Fund Warrant# 8074716-8074956 $ 3,077,942.70 Direct Deposit Fund Warrant # 71506-71876 $ 772,801.06 Salary Clearing Fund Warrant # 7005439-7005467 $ 542,561.64 Treasurer Electronic Remittances $ Attachment(s): originals on file with Auditor/Financial Services (Copies on file with Clerk of the Board) S MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Alex Paysse, Environmental Health Action Agenda _X_ Public Hearing Other DEPARTMENT: Community Services EXT: _279_ DATE: October 6th, 2020 Agenda Item # Commissioner staff to complete) BRIEFING DATE: June 15th and August 28th BRIEFING PRESENTED BY: Alex Paysse [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Water Quality Contract Updates with Hood Canal Coordinating Council BACKGROUND: Hood Canal Regional PIC (HCRPIC) program was awarded an additional 100,000 for their Phase 4 PIC work in Hood Canal. HCRPIC partners discussed how to utilize the additional funds and came up with an additional 79,500 for Mason County PIC work and OSS rebates in Hood Canal. The following amendment reflects these additional funds as well as a revised end date of Sept. 30, 2022. RECOMMENDED ACTION: Move to Approve the contract amendment between Mason County and BUDGET IMPACTS: An additional $79,500 through contract period. ATTACHMENT(S): Amendment 1—Mason County_HCRPIC Ph 4_20200921 9/30/2020 CORD s Hood Canal Coordinating Council a HCCC Jefferson,Kitsap&Mason Counties; Port Gamble S'Klallam&Skokomish Tribes 17791 Fjord Drive NE,Suite 118,Poulsbo,WA 98370 PROFESSIONAL SERVICES CONTRACT BETWEEN THE HOOD CANAL COORDINATING COUNCIL AND MASON COUNTY PUBLIC HEALTH PROFESSIONAL SERVICES CONTRACT AGREEMENT AMENDMENT-1 This Agreement Amendment is made and entered into between Mason County Public Health,an independent consultant located at 411 North 5th Street,Shelton,WA 98584(see Contract Exhibit B Checklist for consultant's EIN and UBI numbers), hereinafter"Consultant", and the Hood Canal Coordinating Council,with its principal office located at 17791 Fjord Drive NE,Suite 118, Poulsbo,WA 98370, hereinafter"HCCC." In consideration of the mutual benefits and covenants contained herein,the parties agree that their original Agreement(MC Contract#20-026), dated March 17, 2020,for work performed under Washington Department of Health, Hood Canal Regional Pollution and Identification Correction (HCRPIC) Phase 4 program,the contract language and Exhibit A- Independent Consultant Scope of Services, shall be amended as follows: Summary of changes: - Modify and add terms and conditions related to COVID-19 safety - Increase budget from $95,000 to$174,500 - Extend end date from Dec 31, 2021 to September 30,2022, and adjust deliverable dates accordingly - Update HCCC Accountant contact information Modify (italicized clause added): Pg. 4, par. 10) MATERIALS AND EQUIPMENT. -- Consultant shall provide all materials and equipment necessary to perform its obligations under this Agreement: Provided, however, that Consultant may use office equipment located in the offices of HCCC, as available, and provided however, that if"Other Expenses" have been awarded as part of this agreement, HCCC may purchase said supplies and services on behalf of the Consultant as part of this Agreement. Materials and equipment includes but is not limited to, appropriate safety plans and providing personal protective equipment to employees to address continued performance under the contract where such continued performance can be done in compliance with Federal, State or County Emergency Orders despite the presence of such causes. Any materials and equipment will be indicated in Exhibit A-Scope of Services. New: Pgs.7-8, par. 23) FORCE MAJEURE.--Each Party shall be excused from liability for the failure or delay in performance of any obligation under this Agreement if the failure to perform the 1 contract arises from causes beyond the control and without the fault or negligence of the Party. Examples of such causes include (1)acts of God or of the public enemy, (2) acts of the Government . in either its sovereign or contractual capacity,,(3)fires, (4)floods, (5) epidemics, (6) quarantine restrictions, (7)strikes, (8)freight embargoes, and (9) unusually severe weather. In each instance the failure to perform must be beyond the control and without the fault or negligence of the Contractor. Such excuse from liability shall be effective only to the extent and duration of the event(s) causing the failure or delay in performance and provided that the Party has not caused such event(s)to occur and continues to use diligent,good faith efforts to avoid the effects of such event and to perform the obligation. Notice of a Party's failure or delay in performance due to force majeure must be given to.the unaffected Party promptly thereafter but no later than five (5) days after its occurrence which notice shall describe the force majeure event and the actions taken to minimize the impact thereof.All delivery dates underthis Agreement that have been affected by force majeure shall be tolled for the duration of such force majeure. In no event shall any Party be required to prevent or settle any labor disturbance or dispute. Notwithstanding the foregoing, should the event(s)of force majeure suffered by a Party extend beyond a six-month period,the other Party may then terminate this Agreement by written notice to the non-performing Party,with the consequences of such termination as if this Agreement had expired (and was not terminated) in accordance with other provisions herein. Exhibit A--Independent Consultant Scope of Services: Description of Services Mason County Public Health (MCPH) will provide services to support the implementation of the Hood Canal Regional Pollution Identification and Correction (HCRPIC) Program's Phase 4, as described below.The following project information is excerpted from HCCC's base agreement scope of work with WA Dept. of Health: Contract number: CBO24134 Subrecipient Organization: Hood Canal Coordinating Council Subrecipient Contact: Haley Harguth, Watershed Program Manager, hharguth@hccc.wa.gov, 360.328.4625; Scott Brewer, Executive Director, sbrewer@hccc.wa.gov, 360.531.0575 DUNS#: 620533930 - CPAR Info (Statewide Vendor#, UBI, Federal Tax ID, etc.): 0011386-00, 602-080-310, 91-2085994 DOH Contract Manager: Megan Schell megan.schell@doh.wa.gov 360.236.3307 Federally Approved Indirect Rate: 10% (de minimis) Period of Performance: DOE—September 30, 2022. NOTE: EPA stretch goals are to spend awarded funds within 2 years. Project Description: This project funds pollution identification and correction activities to protect and.improve Hood Canal water quality to safeguard public and ecosystem health and keep shellfish growing areas and recreational beaches open by preventing bacterial pollution flowing into surface waters. The Hood Canal Regional Pollution Identification and Correction Program brings together local health jurisdictions and tribal partners across the Hood Canal region to coordinate water 2 quality protection actions.This unique regional structure enables cross-jurisdictional sharing of resources and expertise to solve water quality challenges threatening Hood Canal's community and ecosystem health. Not to exceed: $ 322,353 Near Term Action ID: 2018-0639 OVERVIEW The Hood Canal Regional Pollution Identification and Correction Program (HCRPIC) core partners will work collaboratively to implement prioritized Pollution Identification and Correction (PIC) work throughout Hood Canal to help reduce bacterial contamination and increase harvestable shellfish acres. HCRPIC core members include Jefferson, Kitsap,,and Mason Counties,the Port Gamble S'Klallam . and Skokomish Tribes; other partners include the county conservation districts, Hood Canal Salmon Enhancement Group, and WSU Extension. There are eighteen shellfish growing areas in the Hood Canal Action Area.As Of 2019,the Hood Canal Action Area had 29,766 acres of approved growing areas, 1,515 acres with conditional approval, and about 3,144 acres of prohibited or restricted growing area. Washington State Department of Health (DOH) has identified several emergency closure zones,threatened areas, and areas of concern based on marine water quality data.There are close to 30,000 onsite sewage systems (OSS) in the project area, many in close proximity to waterbodies and approximately one third of the systems are over 30 years old. PIC programs have been essential to maintain and improve water quality and will continue to be vital for the health of Hood Canal and its communities. The project will primarily address fecal pollution and associated pathogens. As fecal pollution sources are corrected, less nutrients and organic materials, associated with human and animal waste, will enter Hood Canal.That will result in less oxygen demand to break down algae blooms resulting from excess nutrients and the organic materials in waste. Hood Canal Regional PIC Program implementation will identify and correct pathogen sources. The resulting water quality improvements will help achieve the Puget Sound Partnership's Vital Sign recovery target to increase harvestable shellfish acreage. Phase 1 of the HCRPIC program developed a coordinated PIC monitoring plan with the goal to upgrade shellfish harvest areas and prevent future downgrades in Hood Canal priority areas. In the Phase 2 and 3 implementation phases, priority shoreline areas were determined by HCRPIC members using current water quality monitoring information to identify the most important shoreline areas to survey.The prioritization of shoreline areas will be updated annually as new data emerges. Phase 3 ended in August 2019, collectively resulting in 66 shoreline miles monitored, 3 380 site inspections completed, 55 OSS failures identified, with 28 OSS repairs completed and the rest in progress.The incomplete OSS repairs will continue to be tracked in Phase 4. Phase 4 builds off of previous implementation phases but with a reduced scope of work due to funding limitations. HCRPIC Program - Phase 4 components include: shoreline surveys in priority Hood Canal shoreline areas, pollution hotspot investigation and correction, updated GIS mapping of OSS in Hood Canal, outreach and education to Hood Canal OSS property owners and decision makers, OSS maintenance rebates, ambient stream water quality monitoring, and regional inter-jurisdictional coordination. The Phase 4 work plan will be developed in consultation with DOH and will include: • Remaining Phase 3 priority hotspots and work areas including Hoodsport, Union, Big Bend,Alderbrook, and Annas Bay, and • Other areas with urgent public health or emerging water quality concerns GOALS & MEASURABLE OBJECTIVES ('e.&,,, "shellfish beds reopened") (e.g. "acrE . - Upgrade 50 acres from prohibited to approved in Acres 50 Hoodsport area of Hood Canal 6 Reopen all closed parcels due to elevated bacteria Parcels 30 in drainages or due to failing onsite septic systems Number of hotspots identified in Mason County Hotspots Unknown (will be reported quarterly) Number of site inspections completed in Mason Site Inspections 50 County Number of OSS failures identified in Mason County OSS Failures 5 Number of OSS failures corrected in Mason County OSS Corrections 5 Area of shoreline surveys conducted in priority Miles 5 areas Number of ambient freshwater samples collected I Samples 100 MASON COUNTY'S HCRPIC PHASE 4 TASKS The following are the tasks, deliverables, and deadlines associated with this subaward.Task numbering aligns with the task numbers in HCCC's base grant with DOH. 4 TASK 3. Hood Canal Regional Pollution Identification and Correction Program Phase 4 Implementation 3.1 HCRPIC Program Coordination: This task includes: collaboration with program partners to establish shared protocols.and work flows, and the Phase 4 Workplan, preparation of invoices and progress reports for project coordinators, coordination of County staff on work toward Phase 4 objectives, coordination with landowners within the project area, upkeep and quality assurance of program data, data reporting, and contributions to program deliverables, including quarterly and final reports, sustainable funding efforts, and outreach materials. Project Coordination: Coordinate implementation of HCRPIC in your jurisdiction following. HCRPIC protocols described in the HCRPIC Guidance Document and the project QAPP. Monitor spending and progress toward deliverables. Submit monthly invoices and progress reports(using HCRPIC Program templates) by the 15th of the following month. Communicate any concerns to HCRPIC Coordinator that progress is not on track. Invoices will be reimbursed upon satisfactory progress and reporting on the deliverables within each payment period. - Send invoices via e-mail to admin@hccc.wa.gov - Send progress reports via email to Haley Harguth (hharguth@hccc.wa.gov) HCRPIC Ph.4 Workplan: HCRPIC partners will work collaboratively to develop the HCRPIC Phase 4 Workplan, which will establish priority areas for shoreline and ambient freshwater stream monitoring and sanitary surveys,targeting areas of known pollution hotspots, or facing shellfish growing area downgrades.The Phase 4 Workplan will be informed by data from the HCRPIC Program Phase 3 results and GIS analysis, current water quality information gathered from county health jurisdictions and tribes, and monitoring data and recommendations from Washington State Department of Health technical staff. It will outline tasks to build upon supporting work conducted in Phase 3.The Phase 4 Workplan will outline any changes to HCRPIC Program procedures for data collection, PIC hotspot investigations, and reporting, including the enforcement process and timeline, and protocol for communication of public health risks. Field work activities cannot begin until the HCRPIC Phase 4 Workplan is completed. Data Collection & Reporting: Submit field work data to project coordinators every quarter using the HCRPIC Cumulative Data Report template. Data reported to the HCRPIC Program should include all PIC field work performed in Hood Canal funded by the HCRPIC Program grant, as well as other funding sources, in order to provide a comprehensive report of all Hood Canal PIC efforts across jurisdictions. Data is expected to be thoroughly reviewed by the submitter for quality assurance and quality control prior to it being submitted. Final Cumulative Data Reports will be submitted to project coordinators after field work is 5 completed to prepare for analysis, mapping, and EPA WQX data entry. All data collected that is funded by this grant must be shared with state and federal agencies upon request. HCRPIC Guidance Group Meetings: HCRPIC partners will share information and ideas, make collaborative decisions, and help guide HCRPIC Program's direction.The Guidance Group provides oversight, guidance, shared learning, and structure for consistent procedures across the PIC program. Guidance Group meetings with project partners will be held quarterly or as needed to advance collaborative work in the PIC project area. At Guidance Group meetings, partners will: - Report on Ph 4 Workplan implementation, including current progress updates, success stories, lessons learned, requests for advice and assistance, next steps, upcoming events, etc. - Present hotspots for consideration of elimination following hotspot closure protocol described in HCRPIC Guidance Document.This information will be included in the HCRPIC Ph. 4 final report. - Provide updates on sustainable funding efforts. Strategic Planning/Sustainable Funding: Strategic planning efforts will be conducted to develop and implement a plan to enhance the HCRPIC Program's efforts to reduce bacterial contamination in the shellfish growing areas of Jefferson, Kitsap, and Mason Counties. HCRPIC partners will work with program coordinators to develop a strategic plan,which addresses the key elements in the Pollution Identification and Correction Program Draft Protocols Recommendations provided by the Departments of Health and Ecology. The Guidance Group will determine objectives and scope of activities, which may include hiring an outreach consultant to support the development of a sustainable funding outreach campaign, outreach products, and presentations to decision-makers on water quality protection, program successes and sustainable funding. HCRPIC partners will provide updates of sustainable funding efforts at Guidance Group meetings. Training/Workshops:Assist project coordinators in preparing and leading HCRPIC Field Training Workshop.The HCRPIC members will participate in a field training and data reporting workshop addressing HCPRIC protocols and procedures.The workshop will be held in the first quarter after contract agreements are in place. LHJ Project coordinator and at least one field staff participating in HCRPIC Program field activities must attend the training. Project partners may participate in DOH-sponsored PIC workshops and other trainings/events (subject to grant coordinator approval), as funds allow. Maximum of two events per sub-recipient, or two people may attend a single event. 6 3.2 Pollution Identification and Correction Fieldwork The HCPRIC Program members will identify, investigate, and work to correct all pollution sources found throughout the project period, utilizing a variety of tools, collaborative problem solving amongst the HCRPIC Guidance Group, and regulatory backstopping, as needed, in order to achieve project objectives outlined above. HCRPIC Program partners will determine Phase 4 priority work areas, including: - Remaining Phase 3 priority hotspots and work areas including Hoodsport, Union, Big Bend, Alderbrook, and Annas Bay-Skokomish River valley, and - Other areas with urgent public health or emerging water quality concerns MCPH will utilize this grant funding to investigate priority area shoreline drainages and conduct parcel surveys to identify sources of fecal coliform bacteria.They will provide technical assistance, work to correct identified sources, and conduct post-corrective follow- up. MCPH will provide the regulatory backstop of enforcement with the help of WA Departments of Ecology and Health as needed, depending on the facility type. Shoreline surveys for pollution hotspots: Monitor shoreline for pollution outfalls in priority areas identified in the HCRPIC Phase 4 Workplan and per HCRPIC Guidance Document protocols and approved QAPP procedures. Document areas surveyed using HCRPIC Shoreline Surveys Log (included in the Cumulative Data Report). Pollution hotspot investigation and correction:Within the priority areas identified in the HCRPIC Phase 4 Workplan, MCPH will conduct pollution source investigation and follow-up of hotspots identified in shoreline surveys and ambient'stream monitoring, technical assistance, and enforcement with regulatory backstopping according to the enforcement protocol developed by the HCRPIC Guidance Group and documented in the Phase 4 Workplan. Procedures are outlined in the HCRPIC Program Guidance.Document and the QAAP. Freshwater stream monitoring for pollution hotspots: Collaborate with Hood Canal Salmon Enhancement Group to support freshwater monitoring of streams identified in HCRPIC Phase 4 Workplan, per QAPP procedures. Task 3.2. activities will begin after the HCRPIC Phase 4.Workplan is finalized. Water Quality Information Sharing: HCRPIC and DOH.have built an information sharing process to quickly and efficiently: - Prioritize HCRPIC work areas - Provide DOH with post-corrective water quality data - Respond to DOH early water quality warnings 7 All pollution identification data funded by the grant will be regularly shared with state or federal'agencies. All pollution hotspots identified by HCPRIC partners will be referred to DOH, and new pollution hotspots identified by DOH will be referred to the local health jurisdictions. Updates on progress toward pollution source identification and repairs will be regularly provided by local health jurisdiction staff, and progress toward water quality upgrades by DOH and remaining information needs will be shared at Guidance Group meetings, and as needed. Any identified agricultural pollution sources will be referred to the local Conservation District. Data Reporting: - Field work data will be entered into the HCRPIC Cumulative Data Report template and submitted to program coordinators quarterly. See further description of data collection and reporting activities in task 3.1. - Enter monitoring data into Kitsap Public Health's online cloud-based water quality database to facilitate EPA WQX data entry at end of project. - Final Cumulative Data Reports will be submitted to project coordinators after field work is completed to prepare for analysis and mapping. 3.3 Onsite Septic System Maintenance Rebates Homeowner rebates for onsite septic system maintenance will be provided to priority parcels by local health jurisdictions. These rebates were very successful in Phases 2 and 3 to incentivize homeowners to properly operate and maintain their septic systems. In Phase 4, HCRPIC partners will offer rebate vouchers up to $250 per OSS, to reimburse costs for OSS inspections and pumping, and small repairs. Rebate notices will be distributed to targeted residences using a consistent format across jurisdictions. The criteria for rebate recipients will be determined by the Guidance Group and approved by DOH. In past phases, criteria were set to target homeowners who had not previously received a voucher, located in priority areas, or had missing or overdue maintenance records. Data on rebate recipients and services reimbursed will be tracked and analyzed to evaluate the effectiveness of the rebate program as a behavior change tool and inform future phases. Deliverables Task Deliverable Description Due Date 3.1 Describe coordination activities in monthly Ongoing, monthly progress reports. Report on workplan implementation progress at At quarterly Guidance Group 8 quarterly Guidance Group meetings. meetings 3.2 1) Describe PIC activities in monthly progress 1) Ongoing, monthly reports 2) Report on workplan implementation 2)At quarterly Guidance progress at quarterly Guidance Group Group meetings meeting 3) Quarterly, one week prior 3) Submit Cumulative Data Report to HCRPIC to Guidance Group meetings; coordinators and at end of field work. 1-3 above will address the following project c. Complete 10%by Apr 15, objectives: 2021; Complete 30% by Jul 15, a. Number of parcel surveys conducted 2021; Complete 60% by Jan b. At least 3 miles of priority shoreline in Hood 15, 2022 Canal Areas monitored per Phase 4 Workplan c. Collect approximately 200 water samples d. Report the number of sites requiring resampling e. Conduct approximately 75 priority parcel surveys f. Report number of sites dye tested g. Report number of failing septic systems identified h. Report number of failing septic systems corrected i. Number, location and status of sites referred to other agencies for technical and/or corrective actions. 3.3 OSS Maintenance Rebates a) Provide input on HCPRIC Phase IV rebate a) March 31, 2020 process for DOH review and approval b) July 31, 2020 b) Develop OSS rebate outreach materials c) Ongoing, complete by Sep using HCRPIC template 30, 2022 c) Report number of rebates processed in monthly progress reports and in final reporting Project Budget HCRPIC Program Ph.4 Budget—Mason County Task 3.1: Program Coordination 9 Personnel Finance Manager $60 per hour x 72 .$4,320 Clerical $50 per hour x 40 $2,000 EH Manager $60 per hour x 30.12 $1,807.20 EH Specialist $60 per hour x 160 $9,600 Personnel Subtotal $17,727 Other Costs Other(provide description) Click here to enter text. $ Other Costs Subtotal $0 Indirect Costs 10% $1,773 Task 3.1 Subtotal $19,500 Task 3.2: PIC Fieldwork Person,nel EH Specialist $60 per hour x 2014.55 $120,873 Personnel Subtotal $120,873 Other Costs Lab Analysis 200 samples @ $29 $5,800 Postage Mailings $300 Materials Paper, dye packets, other supplies $300 Other Costs-Subtotal $6,400 Indirect Costs 10% $12,727 Task 3.2 Subtotal $140,000 Task 3.3: OSS Maintenance Rebates Personnel EH Specialist $60 per hour x 18.94 $1,136 Personnel Subtotal $1,136 Other Costs OSS 0&M Rebates 50 rebates @ $250 $12,500 Other Costs Subtotal $12,500 Indirect Costs 10% $1,364 Task 3.3 Subtotal $15,000 10 Subtotals Personnel Total $139,736 Other Costs Total Lab analysis, postage, materials, $18,900 rebates, other Travel Total (Describe if any) $0 Indirect Costs 10% $15,864 Grand Total $174,500 Compensation: The Consultant shall be compensated under this agreement in an amount not to exceed: $174,500. Submit monthly invoices to the Accountant by the 15th of the following month.Expenses are payable with prior authorization from HCCC project manager, and contingent upon satisfactory progress reporting toward completion of project deliverables. Consultant shall submit the final invoice, or any claims for payments not already made, no later than 30 days from the expiration or termination of the agreement. Progress Reporting: Consultant will submit progress reports each month by the 15th of the following month to accompany invoices. A progress report template will be provided. Submit progress reports to the project manager. Travel: If claiming mileage Consultant will submit a mileage Report for reimbursement with invoice. Mileage and travel costs will be reimbursed at current federal rates or allowances. Contract Duration Date: The effective date is the date the contract is signed by the Executive Director and ends September 30, 2022. Consultant Checklist: Consultant will complete and provide requested information on Exhibit B. Contract Representatives: Scott Brewer, Executive Director Hood Canal Coordinating Council 17791 Fjord Drive, NE Suite 118 Poulsbo, WA 98370-8430 360-394-0046 sbrewer@hccc.wa.gov HCCC Project Manager: Haley Harguth, Watershed Program Manager Hood Canal Coordinating Council 17791 Fjord Drive, NE Suite 118 Poulsbo, WA 98370-8430 hharguth@hccc.wa.gov 360-328.4625 11 Accountant: Terry Fischer Hood Canal Coordinating Council 17791 Fjord Drive, NE Suite 118 Poulsbo,WA 98370-8430 tfischer@hccc.wa.gov 360-536-1338 Consultant Representative(s): David Windom, Director Mason County Public Health 415 N. 6th Street Shelton, WA 98584 dwindom@co.mason.wa.us 360-427-9670 Project Manager: Alex Paysse, EH Manager Mason County Public Health 415 N 6th Street Shelton,WA 98584 alexp@co.mason.wa.us 360-427-9670, extension 279 Except as expressly provided herein,all other terms and conditions of the original Agreement, and any subsequent amendments,addenda or modifications thereto, remain in full force and effect. For od rdinating Council For Mason County Public Health Sc tt Brewer, Executive Director Mason County Commissioner Approved as to form: Mason County Prosecuting Attorney Date: This Agreement is made effective as of the date signed by the HCCC Executive Director on the 21st day of September, 2020. 12 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Dave Windom / Todd Parker Action Agenda x Public Hearing Other DEPARTMENT: Community Services EXT: 260 DATE: 10/6/20 Agenda Item # Q�.3 Commissioner staff to complete) BRIEFING DATE: 9/28/20 BRIEFING PRESENTED BY: Dave Windom [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM.Community Lifeline Amendment related to the extension of the Dept. of Commerce Contract Covid Outbreak Emergency Housing Grant Background: The Dept. of Commerce is extending the end date of the grant from September 30, 2020 to December 311 2020. The purpose of the extension is to maintain isolation and quarantine housing relative to cases identified by WA State Dept. of Health, maintain additional shelter capacity to replace shelter capacity lost when social distancing was increased, and maintain sanitation in existing homeless housing. The amendment with Community Lifeline is to cover unforeseen costs associated with the underground work and complete the project, additional staff to maintain 24/7 shelter operations, and housekeeping to maintain sanitation in response to Covid-19 Budget Impacts: None —within grant budget RECOMMENDED ACTION: Approval of contract amendment 5 with Community Lifeline for Covid-19 response Attachment(s): Community Lifeline contract Amendment #5 Contract Between Mason County and Community Lifeline Professional Services Contract#CL:2019-2021.4 Amendment# 5 The purpose of this amendment is to increase the total award of the contract for the COVID-19 response IT IS MUTUALLY AGREED THEREFORE: That the Original Contract is hereby amended as follows: 1. FUNDING SOURCE: Washington State COVID-19 Outbreak Emergency Housing Grant 2. AMENDMENT TERM: October 1 — December 31, 2020 3. TOTAL ADDITIONAL AWARD: Not to exceed $51,000 Sprinkler Construction Project: up to $30,000 approved to cover unforeseen costs associated with the underground work and complete the project. Shelter Operations: • Up to $18,000 approved for program staff to continue 24/7 operations that are Covid-19 related that are not covered by the Local Document Recording Fees and Shelter Grant through November 30, 2020. • A total of$3,000 is approved for housekeeping for Covid-19 cleaning and sanitation through December 31. 2020. 4. INVOICE: Include with the Covid-19 invoice with the title "Community Lifeline COVID-19 Response CL:2019-2020.4" 5. APPENDIX A— SCOPE OF WORK All activities and expenditures must comply with the Washington State COVID-19 Outbreak Emergency Housing Grant Guidelines. Amend the language in eligible activities from create to maintain as follows: • Maintain isolation and quarantine housing relative to cases identified by WA State Department of Health (increase allowed with approved updates to County Plan), • Maintain additional shelter capacity to replace shelter capacity lost when social distancing was increased. • Maintain sanitation in existing homeless housing Approval to continue 24/7 shelter operations through November 30, 2020. ALL OTHER TERMS AND CONDITIONS of the original Contract remain in full force and effect. IN WITNESS WHEREOF, the undersigned has affixed his/her signature in execution thereof on the day of 12020. CONTRACTOR MASON COUNTY Bert Pedersen Sharon Trask, Chair Board Chair, Community Lifeline Mason County Board of County Commissioners 1 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Frank Pinter/McKenzie Smith Action Agenda _X Public Hearing Other DEPARTMENT: Support Services EXT: COMMISSION MEETING DATE: October 6, 2020 Agenda Item # 8.4 Commissioner staff to com lete BRIEFING DATE: September 28, 2020 BRIEFING PRESENTED BY: Frank Pinter [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Extend the Professional Services Contract for Real Estate Services with Richard Beckman for an additional two years. BACKGROUND: Richard Beckman has been representing the County in Real Estate matters since 2016. He was previously granted a contract extension for one year which has expired. An RFP was held between October 2-23rd, 2018. RECOMMENDED ACTION: Approval to sign the Professional Services Contract for Real Estate Services with Richard Beckman Realty Group, LLC for an additional two years with the possibility of a two-year extension. BUDGET IMPACTS: Commission is as follows: Commercial land — 7% Residential land — 5% Vacant land — 8% ATTACHMENT(S): Copy of contract and Amendment I:\Property Mng\Beckman\Contracts\10.6.2020 Richard Beckman Agenda Item.doc EXTENSION TO AGREEMENT FOR PROFESSIONAL SERVICES Richard Beckman Realty Group, LLC Whereas an agreement was entered into by and between Mason County and Richard Beckman Real Estate Group on November 13, 2018; and Whereas, the original agreement has provided benefits for Mason County with increased marketing of real estate and increased sales of surplus property; and Whereas,the original agreement began on December 31, 2018 and shall terminate on December 31, 2020 with the option to extend the agreement by two years to 2022. Whereas, the parties desire to extend the original agreement at the same terms to December 31, 2022. Now, therefore, the parties agree as follows: The terms and conditions of the existing agreement remain the same. The parties agree that except as specifically provided in this extension, the terms and conditions of the existing agreement continue in full force and effect. IN WITNESS WHEREOF, the parties have executed this Extension to Agreement for Professional Services this day of 2020. I MASON COUNTY RICHA ECKMAN R STATE OUP Sharon Trask, Chair hard Beckman Randy Neatherlin, Commissioner Kevin Shutty, Commissioner ATTEST: McKenzie Smith, Clerk of the Board Approved as to Form: m-Whitehead, Chief Deputy Prosecuting Attorney MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Mike Collins, PE, PLS, County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: October 6, 2020 Agenda Item # S.c, BRIEFING DATE: September 28, 2020 BRIEFING PRESENTED BY: Mike Collins/Loretta Swanson [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: 2021 Annual Construction Program and 6-Year Transportation Improvement Program (TIP) - Set Hearings BACKGROUND: RCW 36.81.121 requires the preparation and annual updating of a six-year comprehensive transportation program. Chapter 36.81.130 spells out the procedure and that the plan is to be presented to the Board by the first Monday in October. WAC 136-14 and 136-15 describe standards of•good practice for priority programming and the preparation of the 6-Year TIP. In addition to the standards of good practice, Mason County established a citizen advisory board for the purpose of increasing public involvement in developing transportation improvement recommendations. Following is the schedule for reviewing and adopting the 6-Year TIP and Annual Construction Program: 9/09 Public Works reviewed w/the TIP-CAP Advisory Committee 9/28 Board sets hearing date 9/28— 11/03 Annual and TIP available for public review 10/14 TIP-CAP finalizes recommendations 11/03 Public Hearing to adopt the Annual and 6-Year Annual 2021 expenditures are planned to be $8.04 million of which $2.38 million will come from the Road Fund and $5.65 million from outside sources. County forces will be used to construct approximately $951,300 of the annual construction program, which is under the computed limit of $1.27 million. A revenue/expenditure analysis assumes no additional road fund diversion or levy shift. A future considerations list is included in the event new grants or additional revenues be secured. RECOMMENDED ACTION: Recommend the Board set two hearings for November 3, 2020 at 9:15am to consider the 2021 Annual Construction program and 6-Year TIP (2021-2026). Attachments: 1. Draft 2020 Annual 2. Draft 6-Year TIP (2020-2025) 3. Notice NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold two public hearings in the Commissioners Chambers of Mason County Courthouse Building I, 411 North Fifth Street, Shelton, Washington 98584, on Tuesday, November 3, 2020, at 9:15 a.m. SAID HEARINGS will be to consider adopting: 1) Mason County's 2021 Annual Construction Program. 2) Mason County's Six Year Transportation Improvement Program for years 2021 to 2026. Pursuant to Proclamation by the Governor 20-28.9, in-person attendance to Commission meetings is temporarily restricted and during this time we will accept public testimony using Zoom. The URL is available on the County website—www.co.mason.wa.us to sign into the meeting. Please use the"raise hand" feature to be recognized by the Chair to provide your testimony. You can also email testimony to msmithgco.mason.wa.us or mail to Commissioners Office, 411 North 5`' Street, Shelton, WA 98584; or call 360-427-9670 ext. 230. If special accommodations are needed,please contact the Commissioners' office, (360) 427-9670 (Shelton), (360) 482-5269 (Elma) or(360) 275-4467 (Belfair), Ext. 419. DATED this day of . 2020. BOARD OF COMMISSIONERS MASON COUNTY, WASHINGTON McKenzie Smith, Clerk of the Board Bill: Mason County Department of Public Works 100 W Public Works Drive Shelton,WA 98584 cc: Commissioners Community Development Public Works Shelton Joumal: Publ.2t: & ANNUAL CONSTRUCTION PROGRAM FOR 2021 TOTAL$'S COUNTY>> A TOTAL COSTRUCTION DONE-columns(13)+(14) $ 6,184,975 DATE RECOMMENDED PROG.SUBMITTED -a, Jaly,30,2020 B COMPUTED COUNTY FORCES LIMIT $ 1,270,108 DATE OF FINAL ADOPTION nS C TOTAL COUNTY FORCES CONSTRUCTION-(column(14) $ 951,300 ORDINANCE/RESOLUTION NO J"- " a') DATE OF AMENDMENT ,•§ (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) a z = o F F SOURCES OF FUNDS ESTIMATED EXPENDITURES (D oo w W z , = - ROAD SEGMENT INFORMATION O w a 2 2 OTHER FUNDS CONSTRUCTION a z PROJECT NAME ¢ W o. J N COUNTY PE&CE RIGHT OF WAY GRANDTOTAL z COUNTY o z a ROAD AMOUNT PROGRAM (595.10) (595.20) CONTRACT (ALL595) Q a (Miles) K ROAD# ROAD NAME BMP EMP FFC I o, E Agate Road Resurfacing ProJed,_, 23910 E Agate road • ` ' '3:J.0' 3.78.` '07 '0 68 "D.- E - 61 542�` 394,324• SAP`"`' ;30 000` 0 '425 8660 455;866' 02. 2. Old Belfair Highway Resurfacing Project 98250 Old Belfair Highway 6.20 1.20 07 1.06 D E. 57,890 370,919 STP Aobb 6 398,809 0 "428;809. 03 3 Boyer Road Resurfacing Project 3-630' Boyer Road 0.00 0:50 09 0.50 RC E 168,900 0 0 0 168;900 168,900 04 4 Snider Road Resurfacing_pno rct 19210 Snider Road 0.00 0.18.• 09 0.18 RC E 94,700 0 0 0 94,700 94,700 05 5 Sunny Slope_Road Resurfacing Project 619S0 Sunny SlopeRoad 0.00 0.55 09 "0.55 RC E: 222,700.. 0 0 _ 0 222,700 222,700 109 06' 6 - Programmatic Bridge Repair, _ Various _ - ,_ --0.00 I` - 'E _ 65,000 4, 0 ;10,000 'S,000 25 000 25,000° 65,000 07 7 County-Wide Small Capital Projects Various 0.00 Other E 100,000 0 10,000. 5,000 45,000 40,000 100,000 08 8 Neighborhood Roadway Safety Grants Various 0.00 Other E 10,000 0 10,000 - 10;000 9 Bear Creek�Dewatto Rd Clear Zone 79800 Bear Creek Dewatto Row 5.26 6.70 08 1.50 G 1 333,500 226,500 HSIP_ - 5,000 30,000 _525,000 - _ 0 560,000 •10 -.110 - Uncle Johns Upper Culvert 23500 Agate Loop ' .0:64 0.64� 09, _0.0- L,A_ E - 2,000' 18,000 FBRB(RCO)_ 20 00'0 - 0 - 0 "0 Z0,000, 11 11 Uncle Johns Lower Culvert. 23500 Agate Loop 1.02 1.02 99 6.00 _L,_A_ I 10,000 50,000 FBRB(RCO) _ 60,000 6 0 0 _ 60,000 12 12. Day[on Creek Culvert 04450 Highland Road 0,33 .0.33 07 O.00 _LA E 5 000 25,000 FBRB(RCO) 15,000 15,000 0 6 30,000 13 13 Harstme Island Polyester Overlay- _ -6000 Harstine Island Road 0:12 0.40 07 0 28 D ' _ 1 405,000,_ 2 595,000 STPR_ 740,000 _0 _ 2 260 000 0 $, 0,000 I 14 14 Clear Zone Improvements Arcadia Highland;Matlock,Kamilche 0 00 G I 121,500 1 093,500 HSIP_ _. _,.99000 _ 22,000 W 1,094 000 0 1;215,000 15 15 Shelton Matlock Rd Culvert Replacement 90100 Shelton Matlock Road 5.03 8.03 07 0.00 LA I 68;000. 432,000 RAP 20,OOQ 20,000 460,OOD _ _ 0 500,000 16 16 :Belfair Connector-Log Yard Road.E New_ Log.Yard RoadE 09 0.00 A,B,D;G_ S _ 250,000 0 200,000 50,000 0 _ -0 250,000. 17 17 Belfair Connector-Romance Hill 86500 Romance Hill09 0 00 A,B,D;G S , 100 0_ , 0 _50 000„ 50,000 6 6 100,000 18 18 Skokomish Valley Rd Reeonstruction 41640 Skokomish Valley Road 3.80 4.60 08 6.90 A,B,D,G I . 0 10,000 FfiD 10;000 0 0 0 _ 10,000 19- 19 North Shore Rd Cady Creek Culy.Repl. 70390 North Shore Road 6.90 7.00 OS 0.10 A;B;D;G I 5,000_ 50,000 RAP -55,000 _ _ 0 0 0 20 20 ,-North lsland,DnCulvertReplacement- •~39630 North Island Drive 3,46 3:47: .07 0.01 ,L;A" I 6,000 34,000. 40,000 0 • 0 0 �4Q000. . .3.-Nort Is - _lvert Re la ement, .�..396 a. _ _ve r - .>14 =RAP 21 21 Homer Adams Rd Culvert Replacement 00610 Homer Adams Road 0.10 0.200 09 0.10 L,A 1 45,000 0 ��.20,000 25,000 _ 0 0 45,000 22_ -22 North Shore Rd-Great Bend Luly Repl 70390 North Shore Road 16.60 16.70 08 0.10 L;A 60;000 350,000 RAP 10,000 0 0 400,000 410,000 23 23 Old Belfair Highway 98250 Old Belfair Highway 1.20 r6 7� 40 L 40,000 10,000 imbi 40;000 _ 0 0 ' 50•,000 24 • 24 Allyn Access Circulation ROW Acquisition TBD WHeelwnght Wade Masterson• E' ' S0;000 0 0 150 000 0 3 �0 150 000 RAP" PAGE/PROGRAM TOTALS,CONSTRUCTION 2,381,732 5,659,243 1,345,0001 412,0001 5,233,6751 951,3001 8,040,975 CRAB FORM#3,MC REVISED 9/25/2020 Six Year Transportation Improvement Program Agency: Mason County From 2021 to 2026 Co.No.: 13 Co.Name:Mason County Hearing Date: Adoption Date: City No. --- MPO/RTPO:Peninsula Amend Date: - Resolution No.: Project Identification .. ___..-_. Pro 6dt,CUsts in Thou"sands of_Dolla-Fs Federally Funded m A.Federal Aid No.. ,B. B'ridgg No. ° 'rn _ _ .._ F,u'ntl,Source lnfo�mation___.-�_ __�.__ Expenditure Schedule Ph5 ed8-Oril::_ o " a C.'ProjectTitle - m t d Fed eeral_F_un MCI._ tj a z D. Street/Road Name of Number _o-r Phase Fede"rdl Federal State 4ih EnVir Type Reijuired u.. E. Beginning MP or road-Ending MP or road o a a Start Fund Cost by Fund State Local Total 1st 2hd 3rd th7u Date F. Describe Work to be Done- . _ _. _......___.. mm/dd/'_._-Code, Phase.-_Source_[Furids--Funds-._ Funds___. 6tfi 1 3 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 CRP PE 1/1/2021 STP 25.95 4.05 30 15 15 E.Agate Road Resurfacing Project RW 07 1 Rd.No.:23910 0.68 CN 611/2021 STP 368.374 57.491 425.865 212.9 212.93 E N/A From: MP 3.10 To: MP 3.78 _021-Pro'edt Cost $456`,�66; TOTALS :. 394.32�:, 69:541 455'865 "15 '15 212.9;212.93 CRP PE 1/1/2021 STP 25.95 4.05 30 15 15 Old Belfair Highway Resurfacing Project RW 07 2 Rd.No.: 98250 1.00 CN 6/1/2021 STP 344.969 53.839 398.808 199.4 199.4 E N/A From: MP 0.20 To: MP 1.20 .w.N. ""fe6f _„_.p.,„. Tota12021"Project Cost $42$,80'8; TOTALS TM370.919 '57.889„ „,428.80"8 ","15 "`15 799.4 r"199:Q CRP PE . Boyer Road Resurfacing Project RW 09 3 Rd.No.: 03630 0.50 CN 6/1/2021 168.9 168.9 168.9 E N/A From: MP 0.00 To: MP 0.50 Gravel to Chip Seal Totaf2021PioedCost, "77 ,$168,H00; TOTALS'',". 188.9' ",,168:9 168.9 _ CRP PE Snider Road Resurfacing Project RW 09 4 Rd.No.: 19210 0.18 CN 6/112021 94.7 94.7 94.7 E N/A From: MP 0.00 To: MP 0.18 Gravel to HMA w_„_.. .-..f,.__ -..W-.,. _ TotaIQ021 Pro'ect,Cost '" �+$'94,700j TOTALS , T- '. ". "-" - , 94:7 94:7 94:7 CRP PE Sunny Slope Road Resurfacing Project RW 09 5 Rd.No.: 61950 0.55 CN 6/1/2021 222.7 222.7 222.7 E N/A From: MP 0.00 To: MP 0.66 Gravel to Chip Seal To142021 Pro"ect Cost '"$222,700; TOTALS '" ,:" a._. 222.7_. 222 7 222.7' 07 PE 10 10 10 08 Programmatic Bridge Program RW 5 5 5 09 6 _ CN 50 50 50 17 18 Tota12021�Pro'ect.Gost $65000� TOTA � ` ' �"°" �" " ." '' � 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 State RW-Right of Way HSIP-Highway Safety Im�enMnransportation Alternatives Program Emergency Management funds CN-Construction RATA-Rural Arterial Tru 4---� tBrian Abbot Fish Barrier Removal Board Page 1 of 6 Six Year Transportation Improvement Program Agency: Mason County From 2021 to 2026 Co.No.: 13 Co.Name:Mason County Hearing Date: Adoption Date: City No. --- MPO/RTPO:Peninsula Amend Date: Resolution No.: Project identification r _ .. ____Proe"ct:Cosfs:in"TI1o`usands,o'f.Dollars Federally Fumed m A.Federal Aid No. B. Bridge No., 8, _ __Fund SoUrSe.Information.. _. Efrpenditure Schedule Pro acts Onl o y a C.Project Title m FederalFundin q R/W c a` D. Street/Road Name of Number o t Phase Federal Federal State 4th Required LL Z E. Beginning MP or road-Ending MP or road F o`a Start Fund Cost by Fund State Local Total tsl 2nd 3ri1 lhru Envir Type Date F. Describe Work to be Done (mm/dd/ ). Code Phase Source Funds Funds Funds 6th mm/.. 1 3 1 6 8 9 10 11 12 13 14 1 15 16 17 18 19 20 21 07 PE 10 10 10 10 10 30 08 County-Wide Small Capital Projects RW 5 5 5 5 5 15 09 7 _ CN 85 85 85 851 85 255 17 18 19 1 Tota1'2021 Pro'edt Cost $100,0001 TOTALS 100 100 100 100 100 300 07 PE 10 10 10 08 Neighborhood Roadway Safety Grants RW 09 8 _ CN 17 18 19 Total'2021'Pro'ecfCost' .,..,u. $10 0001 TOTALS - ' 10" —,,>10 a 10 CRP 2006 PE 1/1/2015 HSIP 4.5 0.5 5 5 Bear Creek Dewatto Road Clear Zone RW 2/1/2021 HSIP 15 15 15 07 9 Rd.No.: 79800 1.50 CN 4/1/2021 HSIP 222 318 540 540 DCE 2/21 From: MP 5.2 To: MP 6.7 Clear Zone Project _ Total 2021'Project Cost $560.6001 TOTALS HSIP 226.6 333.6 660 660 CRP 2022 PE 12/1/2020 RCO 47 8 55 55 5 Uncle Johns Upper Culvert RW 2/1/2021 10 09 10 Rd.No.: 23500 _ CN 7/1/2021 RCO 430 From: MP 0.64 To: MP 0.64 Replace existing culvert with an_ew_structure Total 2621 Pro ect Cost $55,0601 TOTALS 47 8 55 55 445 CRP 2023 PE 12/1/2020 RCO 298 52 350 350 50 Uncle Johns Lower Culvert RW 1/1/2021 20 09 11 Rd No:23500 CN 7/1/2023 2580 From MP 1.02 To:MP 1.02 Remove existing culvert and replace as needed Total 2021 Project Cost - - $350,000� TOTALS 298 52 350 .350 70 2580 CRP2024 PE 7/1/2020 RCO 47 8 55 55 5 Dayton Creek Culvert RW 2/1/2021 10 07 12 Rd No.:04450 CN 8/l/2021 RCO 430 From MP 0.33 To:MP 0.33 Replace existing culvert with a new structure Total 26'1 Pro ct Cost $65,000j TOTALS - 47 8 55 55 445 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 State RW-Right of Way HSIP-Highway Safety Im1t ansportation Alternatives Program Emergency Management funds Construction-Consction RATA-Rural Arterial Trus coBrian Abbot Fish Barrier Removal Board Page 2 of 6 Six Year Transportation Improvement Program Agency: Mason County From 2021 to 2026 Co.No.: 13 Co.Name:Mason County Hearing Date: Adoption Date: City No. --- MPO/RTPO:Peninsula Amend Date: - Resolution No.: Project Identification - _ -' - Pf0 edtCOsts m Thousands df Dollars ._____ Federally Funded w A.Federal Aid No. _ B. Bridge No. o, Fund Source Information .: Exppenditure Schedule Pro ects bnl _ c o h e n C. Project Title iu u m Federal,Fundi-n _. R/W Un Z. D. Street/Road Name of Number m o L Phase Federal Federal State 4th Envir Type Required a E. Beginning MP or road-Ending MP or road. `o a a Start _ Fund Cost Fund State Local Total 1st 2hd 3rtl thru Date F. Describe Work to be Done ~ mm/dd/ Code, Phase Source Funds Funds. Funds ...._._ _ 6lh ._._".mm/ _ 1 3 6 8 1 9 10 11 12 13 14 15 16 17 18 19 20 21 PE 2/1/2021 STPR 730.01 9.99 740 370 370 Harsline Island Polyester Overlay RW 07 13 Rd.No.: 30000 0.10 CN 6/1/2021 1954.9 305.1 2260 753.3 753.3 753.33 From:0.12 To: 0.40 Deck Repair TotaL2021 Pro e6fCost $8,000t00'0� TOTALS 2684.91 315.09,; -3000 370 '1123.7513 753:33 Clear Zone Improvements PE 5/1/2020 HSIP 89.1 9.9 99 49.5 49.5 07 Rd.No.:91100-Arcadia Road RW 7/1/2021 HSIP 19.8 2.2 22 22 07 14 Rd.No: 04450-Highland Road 14.76 CN 1/31/2022 HSIP 984.6 109.4 1094 54.7 54.7 07 Rd.No.: 90100-Shelton Matlock Road 08 Rd.No.: 14880-Kamilche Point Road ....«,. .,......�.. ., »,..._,». .„.,w., Total 2021 Prc'ectCost $1,215,000� TOTALS 1093.6 ,121.5`' '1215 '49.5 71,5 54.7.�.'.54.7 CRP 1993 PE 1/1/2019 RATA 16.851 3.148 19.999 20 Shelton Matlock Road Culvert Replacement RW 9/1/2020 20 20 20 07 15 Rd.No.: 90100-Shelton Matlock Road CN 7/15/2021 RATA 387.59 72.407 459.999 460 From: MP 8.03 To: MP 8.03 Replace existing culvert with a new structure _ Totaf2021 Proeta.Cost _ $499;998i TOTALS = 404.4"4,"95.555r, ""499998°,20 °20 460 ` CRP PE 1/1/2020 200 200 200 200 Belfair Connector-Log Yard Road E RW 10/1/2020 50 50 50 100 16 Rd.No.: _ CN 3/1/2021 From: SR3 To: Belfair Freight Corridor Design for new construction f6te12021 P,r'o eci_(DW $256,'0061 TOTALS' `" 250' "'250 250 300 CRP2019 PE 6/1/2019 50 50 50 Belfair Connector-Romance Hill RW 7/1/2020 50 50 50 09 17 Rd.No.: 86500 CN 3/1/2021 From:SR 3 To: Belfair Freight Corridor Design for new construction Tola12021 Proect"Cost " $'100,0W, TOTALS e °: 100 100 100 ,. PE 1/1/2018 FbD 10 10 10 Skokomish Valley Road Reconstruction RW 1/2/2022 OB 18 Rd.No.:41640 0.40 CN 3/1/2023 FLAP 1600 TBD From: MP 3.8 To: MP 4.6 Road reconstruction partner w/Masan Cons Dist$8M total project cost T6taL2021 Pro ect Cosl TOTALS, ''' _� " � ' .� 1`0 ,'' �: 10 10 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 State RW-Right of Way HSIP-Highway Safety Imp t r ansportation Alternatives Program Emergency Management funds CN-Construction RATA-Rural Arterial Trus coF TBBrian Abbot Fish Barrier Removal Board Page 3 of 6 Six Year Transportation Improvement Program Agency: Mason County From 2021 to 2026 Co.No.: 13 Co.Name:Mason County Hearing Date: Adoption Date: City No. --- mpomTPO:Peninsula Amend Date: Resolution No.: Project Identification - `` I - -" ,- ___.,�Pro ect Costs a Thousands of 0611ars Fed6ralty Funtle'd m A.Federal Aid No. B. Bridge No: o, __._ Funtl3durce tnfo`rmation_...._ ._,- .._[ Expepditure Scf%dule c - - .. .. C. Project Title a � d .Federal.Fundin._. _ �_� _��� RIW 5 a z D. Street/Road Name of Number o�t Phase Fddeial Federal State 4th if Type Required u. E. Beginning MP or road-Ending MP or road `o a`a Start Fund Cost by Fund State L_dcal T6tal 1st 2ritl 3rd th7u Dale _F. Describe Work to be Done _ ~ - _. _ _._ _ _ _ ._ ... _ .__ ,,._._ _ mm/ddl y ..Code.._Pt)ase...Source._Funds_F_urids,,__,Fu0ds...,.. .___.._..6th._____.__mmT 1 3 6 8 9 10 1 11 12 1 13 14 1 15 161 171 181 19 20 21 CRP 1995 PE 6/l/2019 RATA 50 5 55 55 20 North Shore Road-Cady Creek Culvert Replacement RW 1/1/2021 20 08 19 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 anew structure Total 2021.Project-Cost "$55,000? TOTALS ". 'r ".... ", - 50 ," „5^_ 55 .55 ..;40 5001, "' -'• CRP 2011 PE 6/1/2019 RATA 34 6 40 40 North Island Drive Culvert Replacement RW 1/2/2021 V2007 20 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 __..,_.... a..m._,Total 2021 Pro ectCost' $40,000,, TOTALS ,' " .34 � 6'."-, '40 "40 .720CRP2001 PE 10/1/2019 5 5 5Homer Adams Road Culvert Replacement RW 3/1/2020 09 21 Rd.No.: 00610 0.10 CN 8/1/2020 1 1 3001 20 From: MP 0.1 To: MP 0.2 Reconstruction Toiaf2021 Pio'ectCost• !- 1 TOTALS" _ ."°v, 5 51 5 •: ,35 300 r 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 22 Rd.No.: 70390 0.10 CN 7/1/2024 RATA 500 From: MP 16.6 To: MP 16.7 Replace existing culvert with a new structure Total 2021 P}o'ect Cost_ ''"��� $10,0001 TOTALS -.,;. � u ��" 5 '5=. - 10 10" '`80 ."',30 -500 CRP 2020 PE 3/1/2020 RATA 8.5 1.5 10 101 50 50 10 Old Belfair Hwy RW 5/1l2023 100 OB 23 Rd.No.:98250 040 CN 4!1l2024 RATA #40 From: MP 1.2 To: MP 1.6 3R Improvement-Resurfacing,Restoration and Rehabilitation ,Total 2021 Project Cost $10,000 TOTALS - ``` 8.5 '1:5 10 10 Allyn Access,Circulation Easement Acquisition PE Wheelwright,Wade,and Masterson ROW RW 9/3/2019 150 150 15024 Rd.No.:TBD CN From: To: ROW acquisition Tota12020Pro'ect Cost $150,000 TOTALS'- �� ":"' . �" ` 150:�"' '9'50 150PE Mason Benson Intersection Safety RW 07 25 Rd.No.: 63010 0.10 CN 300 From: MP 2.5 To: MP 2.6 Improve sight distance Total 2020 Project Cost TOTALS, "�,,•'� , a�3@Q Phase Funding BRAG a 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 State RW-Right of Way HSIP-Highway Safety Im: Alternatives Program Emergency Management funds CN-Construction RATA-Rural Arterial Trus cg 4J FTans'ortation Brian Abbot Fish Barrier Removal Board Page 4 of 6 Six Year Transportation Improvement Program Agency: Mason County From 2021 to 2026 Co.No.: 13 Co.Name:Mason County Hearing Date: Adoption Date: City No. --- MPO/RTPO:Peninsula Amend Date: Resolution No.: Project Identification Pro 6'dt,C6ssts.in Thousandg oLDblldFs _. _.-_... _. Federally Funiie[7 m A. Federal Aid No. B. Bridge No. rn Fund Source Information .. . Expenditure Schedule Pro ects Only_ C.ProlectTitle m -' d .Federal Fundin R/W rj a E D. Street/Road Name of Number y o t Phase Federal Federal State. 4th Required ri Z E. Beginning MP or road-Ending MP or road o a`a Start Fund Cost by Fund State Local Total 1st 2nd 3rd thru Ehvir Type Date F. Describe Work to be Done ~ mm/dd/ Code Phase Source, Funds Funds _ Funds 6th mm/ 1 3 6 8 9 10 11 1 12 13 14 15 161 171 18 19 20 21 PE RAP 36.9 4.1 41 41 Shelton Valley Culvert RW 9 1 10 10 26 Rd.No.: 05930 0.12 CN 465.4 60.6 506 506 506 From: MP 1.94 To:2.06 Replace existing culvert with new structure(winter creek) Total 2020 Project Cost $557.000 TOTALS - 501.3 55.7 557 506 411 516 PE 112/2021 100 350 Trails Road Alternate Route-Rasor Road RW 6/1/2022 125 27 Rd.No.:62310 _- CN 6/1/2023 3000 From: MP To: MP Partial New Construction' Tota12020 Pro"cCCost " f TOTALS '" ". '100 475::3000 PE 1/l/2025 400 Trails Road Realignment RW 10/1/2025 50 07 28 Rd.No.:62310 040 CN 4/1/2026 From: MP 0.5 To: MP 1.6 Curve Realignment _ Total 2020 Project Cost + TOTALS _ _ _ _ 450 PE 6/1/2023 210 Log Yard Road W Freight Upgrade RW 7/1/2024 50 29 CN 4/1/2025 1325 3R Improvement-Resurfacing,Restoration and Rehabilitation Total 2020 Project Cost rt TOTALS _ 1585 PE 6/1/2021 40 Clifton,Old Belfair Hwy,SR 300 Feasibility Study RW 30 CN 3R Improvement-Resurfacing,Restoration and Rehabilitation Tota I,202o Pro ecLCost TOTALS .. 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 State RW-Right of Way HSIP-Highway Safely Im tM ansponation Alternatives Program Emergency Management funds CN-Construction RATA-Rural Arterial Trus co F -Brian Abbot Fish Barrier Removal Board Page 5 of 6 Six Year Transportation Improvement Program Agency. Mason County From 2021 to 2026 Co.No.: 13 Co.Name:Mason County Hearing Date: Adoption Date: City No. --- MPO/RTPO:Peninsula Amend Date: Resolution No.: Project Identification - -- - - Pe6i6dEC'osts in"Thousands of Dollars ' _. Federally Funded A. Federal Aid No. B. Bridge No. o, _Fund Sourcelhforihation . Expenditure Schedule Pro'ects Onl o .o.E C. Project Title J m Federal Funding _ R/W o o D. Street/Road Name of Number m ^o s Phase Federal Federal State 4th Required u- 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 Done ~ _ mm/ddl Code _Phase Source Funds Funds Funds 61h mml L 1 3 6 8 9 10 11 12 13 14 15 18 17 18 19 20 21 PE 6/1/2021 120 Frieght Corridor Trail RW 31 CN 3R Improvement-Resurfacing,Restoration and Rehabilitation ota Tl 2020 Pro ect Cost __ 7 TOTALS 120 TOTALS 4.00 4770.15 1405.2 2292.6 8467.971 2636 3711 3936 13431 Future ConslderationslWishlist Completion of Trails road Alternate Route-Rasor Road In phases Cloquallum Road MP 4.6 to 5.2 curve realignments Cloquallum Road MP 6.6 to 7.2 widening Shelton Matlock Road MP 15.36 to 16.5 realign pave shoulders Johns Prairie Road add paved shoulders RR tracks to old capital hill rd Guardrail upgrades-Brockdale,McReavy,and Johns Prairie Terrace Blvd Road and Hwy 101 Intersection-partner project with WSDOT Brockdale and Island Lake Road intersection-partner project with City of Shelton Illumination intersections county wide Union Boat Launch Resurfacing Trail near Roessel Road New Roads Consideration McEwan Prairie to Brockdale 101 connection Johns Prairie and Hwy 3 connection Connection between Cloquallum and City Center exit Phase Funding BRAC-Bridge Replacement Advisory Committee FBRB-Brian Abbot Fish Barrier Removal PE-Preliminary Engineering STP-Surface Transportation Program Now Local Bridge Program) BoardFLAP-Federal Lands Access Program RW-Right of Way HSIP-Highway Safety Im tM - sportation Partnerships EM-Federal Emergency Management Act and State CN-ConsWction RATA-Rural Arterial Trus coT Transportation Alternatives Program Emergency Management funds Page 6 of 6 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Mike Collins, PE, PLS, County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: October 6, 2020 Agenda Item #g BRIEFING DATE: September 28, 2020 BRIEFING PRESENTED BY: Loretta Swanson / Mike Collins [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Surplus of Personal Property BACKGROUND: ER&R has vehicles and equipment that have been replaced or are no longer needed. The attached notice lists of all of these items requested to be declared surplus and disposed of at an auction through Washington State Surplus (vehicles) and/or Ritchie Bros. Auctioneers/Gov Planet (equipment). This process is pursuant to the County's comprehensive procedure for the management of County property (Ordinance 84-04, Mason County Code Chapter 3.40, Management and Disposition of Property) and the laws of the state of Washington. RECOMMENDED ACTION: Recommend the Board authorize ER&R to declare the attached list of vehicles and equipment as surplus and allow ER&R to dispose of pursuant to Mason County code and state laws and allowing the Public Works Fleet Supervisor sign the Sourcewell Multi-Channel Sales Agreement. Attachment: 1. Notice 2. Contract NOTICE OF SALE The Board of Mason County Commissioners has declared the following vehicles and equipment as surplus and will be disposed of at public auction. Vehicle List: Equipment List: Year Description Year Description 2003 Ford Taurus 2009 Volvo 1996 Ford Ranger 1986 Cat Bucket Loader 2006 Ford F-150 1997 Cat Backhoe 2002 Chevy Blazer 1978 Entyre Tanker 2009 Ford Escape 2006 Bomag Roller 2005 Ford Explorer 1995 Pro-patch box 2004 Ford F-550 2000 John Deere Brush Cutter 1990 International Patch Truck 1970 Hyster Roller 1997 Jet Truck 2004 John Deere Backhoe 1984 Peterbilt Tractor 1994 Vac Truck 1997 Mack Dump Truck 1997 Mack Dump Truck Auctions will be held through Washington State Surplus Program (7511 New Market Street, Tumwater, WA 98512; Phone (360) 753-3508) and/or Ritchie Bros. Auctioneers/Iron Planet (214 Ritchie Lane, Chehalis, WA 98532; Phone: (360) 767-3000). Auction information regarding these items can be found on the Washington State Surplus web site: www.publicsurplus.com and the Ritchie Bros. Auctioneers web site: www.rbauction.com. Dated this day of October, 2020 BOARD OF COUNTY COMMISSIONERS OF MASON COUNTY,WASHINGTON McKenzie Smith, Clerk of the Board. cc: Cmmrs Engineer Journal (Shelton): Publ. 1t: 10/15/20& 10/22/20 SOURCEWELL (formerly "NJPA") MPLANETO MULTI-CHANNEL SALES AGREEMENT LEGAL NAME OF AGENCY: DATE: SOURCEWELL MEMBER NO.: REGIONAL MANAGER,GOVERNMENT: This MULTI-CHANNEL SALES AGREEMENT(this"Agreement")is entered into as of the date first written above(the"Effective Date")by and between the entities set out in Schedule B (collectively, the "Company") and the customer identified above (the "Agency") for the sale of Equipment through the Marketplaces or a Live Auction Event. This Agreement covers Surplus Equipment Liquidation contract #041316 administered by Sourcewell (formerly, the National Joint Powers Alliance, or"NJPA"). All physical offsite services are governed by Sourcewell contract#041316-RBA and all other services are governed by IronPlanet, Inc. Sourcewell Contract#041316-IPI. Agency Address Authorized Representative Title of Authorized Representative Email Telephone • The Agency authorizes Company to offer and sell the equipment listed on one or more lists of equipment provided to Company in the form attached as Schedule A ("Equipment") for sale by Company through one or more of Company's online marketplace events hosted by www.-govplanet.com (each a "Marketplace") and/or through an unreserved public auction occurring at a Company site or designated offsite location(the"Live Auction Event"),as indicated by the"Sale Type"selected by the Agency and noted on Schedule A. Company hereby extends the following sales options to Agency for its disposition needs and Agency shall indicate its selection of a transaction type by initialing next to the desired option(s). z O'Ptions Selection , Terms and Fees Online Onsite Auction Revenue will be shared 85%/15%with 85%going to the Agency and 15%going to Company. (Sold online from *Auction Revenue*is defined as the gross selling price of a unit plus the buyers transaction fee. Agency's location) (Agency initials) Online Offsite Auction Revenue will be shared 80%/20%with 80%going to the Agency and 20%going to Company. (sold online but *Auction Revenue*is defined as_th_egross selling price of a unit plus the buyer's transaction fee. transported by Company (Agency initials) to offsite location) Do It Yourself Commission. Company will be entitled to a commission of 2_5%for items that sell on GovPlanet (Self-listings through Direct. GovPlanet Direct) (Agency initials) Physical Offsite Commission. For Equipment sold through a Live Auction Event, Company will be entitled to a (Sold offsite at commission based on the gross sale price and other fees as set forth below: Company's location) (Agency initials) (a) 9.5%for any lot in excess of$2,500.00;and (b) 19.5%for any lot realizing$2,500.00 or less,with a minimum fee of$100.00 per lot. Refurbishment. The Agency elects to have Company arrange for the welding, sandblasting, painting, cleaning, and other refurbishing (the "Refurbishing") of the Equipment to a standard acceptable to Company. ❑YES OR ❑ NO Should Company organize and pay for the Refurbishing of any part of the Equipment, Company will be reimbursed for these costs plus 10% provided that the total cost will not exceed dollars($ )without the Agency's consent. Fuel/Batteries Cost. The Agency will reimburse Company for the cost plus 10% of fuel and batteries as Company deems necessary for demonstration and sale of the Equipment. Proceeds Unless otherwise specified in writing,the Agency acknowledges that there is no guarantee whatsoever as to the gross proceeds to be realized from the sale of the Equipment. Terms&Conditions All sales of Equipment will also be subject to the terms and conditions set out in Schedule B to this Agreement(the "Terms and Conditions"). P • mill Sourcewell Govt.Annual Califomia 01/28/2020 • ® 1111111111111WIll '.♦ ♦ B The Agency hereby appoints Company as its attorney-in-fact with a limited power of attorney ("LPOA") to execute on the Agency's behalf, all documents necessary and required to transfer title to,and permit registration of ownership of,any portion of the Equipment to the buyer;provided, however, if original titles or a notarized LPOA are required by federal,state, provincial or local regulation to transfer title,the Agency will provide Company with either, as applicable, (i)signed original titles, or(ii)a notarized LPOA and unsigned original titles at least two weeks prior to the Live Auction Event or the time of listing for the Marketplace(s). Failure to provide title(s)and/or an LPOA as required will prevent the Equipment being made available for sale until such documentation is provided. ARE THERE ANY LIENS ON THE EQUIPMENT? ❑YES OR ❑ NO AGENCY'S INTERNAL CONTACT REGARDING LIENS AND TITLES (Name/Phone/Fax/Email: 1. If"Yes",please provide information for each of the lien holders as requested in the applicable Schedule. 2. Unless otherwise disclosed in the applicable Schedule, the undersigned, on behalf of the Agency, represents and warrants that all Equipment is or will be free of all liens,charges,security interests,tax or duty obligations or other encumbrances(the"Encumbrances")prior to being placed for sale in a Live Auction Event or on the Marketplace(s). 3. The Agency: (i)authorizes Company to conduct lien searches on the Equipment;(ii)authorizes Company to contact potential lien holders for the disclosure of Encumbrances and to obtain pay-off balances and releases;(iii)consents to the release to Company of any and all information pertaining to any such lien, charge, encumbrance or security interest; and (iv) assigns proceeds from the sale of the Equipment as may be required to discharge and satisfy all charges, liens, claims and encumbrances in respect of the Equipment. Trademarks In connection with the Agency's use of the Marketplace and/or Live Auction Event,Company may use the Agency's name, trademark, logos, service marks and other designations ("Marks") to list the Agency as a reference customer and to advertise, promote and market the Equipment.The Agency hereby grants to Company and represents and warrants that the Agency has a right to grant, a non-exclusive,worldwide license to use, publicly display and perform, reproduce, and distribute the Marks, solely as permitted in this Agreement, including distributing a-mails to potential buyers that incorporate Marks. Entire Agreement; This Agreement contains the entire agreement of the parties with respect to the subject matter hereof and supersedes all Priority previous communications, representations, understandings and agreements, either oral or written, between the parties. In the event of a conflict between the provisions of this Agreement and the Terms and Conditions, this Agreement will control. Equipment Details Set forth on Schedule C are supplemental Equipment details required for inspection and buyer pickup. Counterparts This Agreement may be executed in counterparts, each of which will be considered an original, but all of which together will constitute the same instrument. Execution and delivery of this Agreement may be evidenced by facsimile, PDF, electronic signature, or acknowledgement email and will hold the same force and effect as an original signature for purposes of binding the parties. Term The term("Term")of this Agreement shall follow the duration of the Sourcewell(formerly NJPA)contract which expires on June 22, 2021. The Agency may request the sale of further equipment during the Term by providing Company with written notification, including a description of the equipment,the proposed platform and auction date and location (if applicable). Company will indicate acceptance by providing the Agency with a schedule in the form of Schedule A for both parties to initial. Notice Any notice to Company must be in writing and must be sent via email and by registered mail or overnight courier to the applicable contracting entity at the address set out in Schedule B. Notice to the Agency must be in writing and shall be sent to the address provided by the Agency in this Agreement. Notice shall be deemed to have been given upon three(3) business days after posting by registered mail or one(1)day after delivery to an overnight courier. If the Agency changes its address,the Agency is responsible for providing an updated address to Company. Currency and All prices noted in this Agreement are listed in the currency of the country in which the Equipment is located at the time Payment such Equipment is offered for sale.The same currency is to be used for invoice and payment. Company Structure Ritchie Bros.Auctioneers Incorporated is the parent company of IronPlanet, Inc.and Ritchie Bros.Auctioneers(America), Inc., the entities performing the services outlined herein. IronPlanet, Inc. operates the online Marketplaces and Ritchie Bros.Auctioneers(America), Inc. operates the Live Auction Events. GovPlanet is a d/b/a of IronPlanet, Inc.,dedicated to the management and support of government agencies by offering the combined services of the Company as outlined herein. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the Effective Date, and each represents and warrants to the other that it has validly entered into this Agreement and has the legal power to do so. Sourcewell Govt.Annual Califomia 01/28/2020 AGENCY: IRONPLANET,INC. By: By: Name• Name• Title: Title: Date: Date: RITCHIE BROS.AUCTIONEERS(AMERICA)INC. By: Name: Title: Date: Sourcewell Govt.Annual Califomia 01/28/2020 o t SCHEDULE A TO AGREEMENT SAMPLE EQUIPMENT LISTING REQUEST FORM AGENCY: DATE OF SUBMISSION: DATE OF MULTI-CHANNEL SALES AGREEMENT: Pursuant to the terms and conditions of the Multi-Channel Sales Agreement referenced above by and between Company and Agency,Agency hereby authorizes Company to place the following Equipment for sale through the Marketplace or Live Auction Event, as applicable: Make oo e. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Agency Company LEGEND: Sale Type: WO=Weekly On-Line; GPD=GovPlanet Direct Inspection Reqs: FI= Full Inspection BN=Buy Now; R=Reserve B=Photos and Basic Functionality MO=Make Offer; LAE=Live Auction Event PO=Photos Only(non-powered units) Sourcewell Govt.Annual California 01/28/2020 ® '.•• o SCHEDULE B TO AGREEMENT TERMS AND CONDITIONS The following terms and conditions (the"Terms and Conditions')apply to the sales of Equipment by Company under the Agreement. The Terms and Conditions are separated into three sections:A)Terms and Conditions applicable to both Online Marketplaces and Live Auction Events, B) Terms and Conditions applicable to Online Marketplaces only, and C) Terms and Conditions applicable to Live Auction Events only. A)Terms and Conditions applicable to both Online Marketplaces and Live Auction Events 1. Contracting Parties. The contracting parties for Company are defined based upon the sales channel of Equipment as set forth in the following table: Company Contracting Entity Notice Address Live Auction Event 4000 Pine Lake Road Ritchie Bros.Auctioneers(America)Inc Lincoln, NE USA 68516 Online Marketplaces Attn: Legal Counsel IronPlanet, Inc. legal@ritchiebros.com 2. Representations. You represent and warrant that: (i) no Equipment shall be fraudulent, stolen or counterfeit; (ii) You are duly authorized to enter into the Agreement and sell such Equipment;(iii)You are solvent and have not made any assignment,proposal or other proceeding for the benefit of its creditors; and (vi)You own all right, title and interest in and to the Equipment and the Equipment is free and clear of all liens or other encumbrances, except as otherwise disclosed by you to Company in writing. 3. Risk of Loss.You agree to have the equipment available for transportation, complete with ignition key,to the Buyer no later than one(1)business day after the conclusion of the sale. Agency shall be responsible for loss or damage to the Equipment,other than loss or damage arising as a result of negligence of Company, its agents and employees, until the earlier of: (i)the removal of the Equipment from the posted Equipment location by Buyer or Buyer's designated transportation provider or(ii)receipt by Agency of all proceeds from the sale of Equipment. Thereafter,the Equipment shall be and remain at the risk of Buyer or Buyer's designated transportation provider(and not Company).Company has no obligation to maintain insurance coverage pertaining to the Equipment in the possession of Company for purposes hereunder. 4. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY SPECIAL, INDIRECT, PUNITIVE,COVER, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY, INCLUDING LOSS OF REVENUE, PROFITS, OR BUSINESS, ANY LOSS OF GOODWILL OR REPUTATION, OR THE COSTS OF SUBSTITUTE GOODS OR SERVICES, EVEN IF SUCH PARTY OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 5. Indemnification. Company shall indemnify and hold the Agency,its parents,subsidiaries and affiliates,and each of their directors, officers and employees, harmless from all losses,claims,damages,and expenses,including reasonable attorneys'fees(hereafter, "Liabilities"),arising out of or resulting from this Agreement to the extent caused in whole or in part by Company's gross negligence or intentional misconduct. To the extent allowed by law,Agency agrees to indemnify and hold Company, its parents,subsidiaries and affiliates, and each of their directors, officers and employees harmless from and against any and all losses, claims, damages and expenses arising out of or resulting from this Agreement and caused in whole or in part by the gross negligence or willful misconduct of the Agency. 6. Termination.Each party shall have the right, in its sole discretion,to terminate this Agreement with respect to new business upon thirty(30)days prior written notice to the other party; provided, however,that each party shall continue to perform their respective obligations in respect of equipment previously consigned pursuant to the Agreement and shall perform all work necessary for the orderly close-out of the services; after which time the Agreement will be terminated in its entirety. Company shall have the right, in its sole discretion, to terminate the Agreement or rescind the sale of Equipment to a Buyer in whole or in part in the event(a) there are liens, encumbrances or adverse claim on or to any Equipment in addition to those that are listed in the Agreement; (b) your net proceeds are insufficient to discharge creditor claims and pay Company's fees after title is cleared; (c)you are in breach of the Agreement;(d)you have provided inaccurate,fraudulent,outdated or incomplete information during the registration or Listing process or thereafter; (e)you have violated applicable laws, regulations or third party rights; (f)Company believes in good faith that such action is reasonably necessary to protect the safety or property of other customers, Company personnel or third parties; or (g) for fraud prevention, risk assessment, security or investigation purposes. All provisions in this Agreement regarding representations and warranties, indemnification, disclaimers, limitation of liability, and payment obligations for fees incurred prior to the termination date shall survive any termination of the Agreement. 7. General Provisions. The Agreement contains the entire agreement of the parties with respect to the sale of Equipment by Company and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties.This Agreement supersedes and replaces the terms in any Agency purchase order or other ordering document. You and Company are independent contractors. If any provision of the Agreement is held by a court of competent jurisdiction to be invalid or unenforceable,then such provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of the Agreement shall continue in full force and effect.The failure by either party to exercise or enforce any rights or provisions of the Agreement shall not constitute a waiver of such right or provision. Any delay in the performance of any duties or obligations of either party will not be considered a breach of the Agreement if such delay is caused by a labor dispute,market shortage of materials,fire,earthquake,flood or any other event beyond the control of such party,provided that such party uses reasonable efforts, under the circumstances, to resume performance as soon as reasonably practicable. In Sourcewell Govt.Annual Califomia 01/28/2020 the event of an assignment, this Agreement shall bind and inure to the benefit of the parties, their respective successors and permitted assigns. The Agreement shall be governed by the laws of the State of Washington. The United Nations Convention on Contracts for the International Sale of Goods and, if you are located in the United States, the Uniform Computer Information Transactions Act,do not apply.Any action against Company arising from or relating to this Agreement or any sale or consignment hereunder shall be commenced in a state or federal court in King County,Washington and you irrevocably consent to the exclusive jurisdiction of such courts. Information provided in this Agreement shall be retained by Company in accordance with its formal Privacy Statement, available at www.rbauction.com or www.ironplanet.com. B)Terms and Conditions applicable to Online Marketplaces only 1. Services of Company. Company offers you the use of the Marketplace,which functions as a platform on which you can list and advertise Equipment for sale to potential buyers("Buyers"). Each party is acting on its own behalf,and Company is not a party to the subsequent binding obligation to sell/buy the Equipment that is entered into between you and the Buyer. Nor does Company represent either party in the conclusion of such binding obligation. In consideration of your use of the Marketplace for the listing and advertising of Equipment for sale,fees as listed in the Agreement are payable by you. There are five listing formats available on the Marketplace: • Online Auctions.A service where you are able to list and advertise Equipment for sale to the highest bidder who meets or exceeds the opening bid. • Buy Now.A service where you are able to list and advertise Equipment at a Buy Now Price. • Make Offer.A service where you are able to list and advertise Equipment for sale to a bidder at the Asking Price or a Negotiated Price. • GovPlanet Direct. A service where you are able to self-list, advertise and manage the sale of business and surplus assets. • Reserve. A service where you are able to list and advertise Equipment for sale to the highest bidder in a reserved marketplace,where you set the Reserve Price. The Marketplace shall be the exclusive listing site for the Equipment, and you shall not offer for sale or sell the Equipment in any other manner from the Effective Date until the earlier of(i)the date such Equipment is sold via the Marketplace or(ii)the date you withdraw the equipment from the Marketplace in the event Equipment has not been sold,but in such event no less than ninety(90) days. You hereby extend an irrevocable offer to sell the Equipment, as applicable, (a)to a Buyer who is the highest bidder and who meets or exceeds the opening bid,the Reserve Price,or Asking Price, as applicable, (b)to a Buyer who commits to purchase Equipment at the Buy Now Price;or(c)to a Buyer who commits to purchase Equipment at the Negotiated Price. After the winning bid for a piece of Equipment has been established by Company or the Buyer has(a)committed to purchase the Equipment at the Buy Now Price or the Asking Price or(b)met or exceeded the Reserve Price at the end of the Reserve Period,the bid or purchase commitment of Buyer will be automatically accepted by you and a binding obligation to purchase and sell between you and Buyer is automatically concluded("Binding Obligation"). All applicable terms and conditions of this Agreement shall apply to the Binding Obligation.Further,for Make Offer listings,you may accept or counter an offer below the Asking Price.In the event that you accept an offer, or the Buyer accepts your Counter Offer (the "Negotiated Price"), the Binding Obligation is concluded, and all terms herein shall apply. Buyer and Agency will be notified of such Binding Obligation by an email or other notification that is generated automatically by the Marketplace. Subject to your receipt of payment for the Equipment,you, at your own expense,shall deliver a bill of sale and such other documentation as may be reasonably necessary to transfer title to the Equipment to Buyer. The timing of the sale of Equipment and opening bid shall be set by Company. Company shall use its best efforts to sell the Equipment on your behalf in a commercially reasonable manner. There is no guarantee as to the gross proceeds that may be realized from the sale of Equipment through the Marketplace. You may not manipulate the bidding in any way, including bidding on your own Equipment to artificially raise the final sales price. 2. Inspections. For all requested inspections,you agree to permit Company and/or its authorized representatives to test and inspect each piece of Equipment at a time and place specified in the Agreement or as otherwise mutually agreed. Company shall produce an inspection report("Inspection Report")for each piece of Equipment.The Inspection Report is the sole and exclusive property of Company.Company inspections are solely for the purpose of reporting on the visible condition of the Equipment's major systems and attachments. Company inspections are NOT intended to detect latent or hidden defects or conditions that could only be found in connection with the physical dismantling of the Equipment or the use of diagnostic equipment or techniques. Your failure to properly maintain the Equipment from the date of inspection until its removal from your location by buyer will void the inspection. If you alter or perform repairs or other maintenance to the Equipment after the inspection, another inspection will be required, and you will be subject to a Re-inspection Fee. The Agency agrees that the Equipment will remain in the same or better condition as previously inspected by Company. 3. Equipment Availability.You agree to have the equipment available for transportation,complete with ignition key,to the Buyer no later than one(1)business day after the conclusion of the sale. 4. Fees;Payment of Proceeds;Taxes. All Fees and Payment Instructions are set forth in the Agreement. You shall be responsible for the payment of any tax or duty that is your responsibility as a seller of the Equipment. You acknowledge and undertake to make yourself aware of and comply with all laws that may be applicable to your access and use of the Marketplace, and your entering into a transaction on the Marketplace. Company disclaims any and all liability in respect of your use of the Marketplace and your sale of any Equipment resulting in any taxes(whether direct, indirect, local or federal), fines or penalties being levied on you. For the avoidance of doubt, it is your responsibility to satisfy yourself of any charges,taxes(whether direct,indirect,local or federal)or related obligations becoming applicable in respect of the transactions that you enter into on the Marketplace.You shall indemnify Company and its affiliates(and the officers,directors,agents and employees thereof)against any tax,cost or expense arising from your failure to satisfy any laws or regulations in relation to a transaction. Once a Binding Obligation is created between you and Buyer, Company will generate a third-party invoice that is issued to Buyer on your behalf. Buyer is responsible for paying you the purchase price for the Equipment upon creation of a Binding Obligation, and you hereby instruct Company to facilitate receipt of the purchase price. Further,you hereby grant Company the right, in its own name,to enforce your right to payment.You agree that Sourcewell Govt.Annual Califomia 01/28/2020 ®ki I a I'll4 ki I 11112. •.a- a 1 no monies shall be payable to you until paid by the Buyer. Once received by Company, any monies due to you, net of any commissions and fees due Company as detailed in this Agreement, shall be disbursed within fifteen (15) business days after creation of a Binding Obligation.You hereby consent to Company's right to offset any other commissions and fees specified in this Agreement or that result from additional services requested by you,with any remainder to be paid within fifteen(15)business days following receipt of an invoice.You acknowledge that Buyers may fail to perform or pay on a timely basis and that Company shall not have any liability to you for any act or omission of Buyers. 5. Representations. You represent and warrant that: (i) no Equipment shall be fraudulent, stolen or counterfeit; (ii)You are duly authorized to enter into the Agreement and sell such Equipment; (iii)You are solvent and have not made any assignment,proposal or other proceeding for the benefit of its creditors; and (vi) You own all right, title and interest in and to the Equipment and the Equipment is free and clear of all liens or other encumbrances,except as otherwise disclosed by you to Company in writing. 6. Disclaimer. TO THE FULLEST EXTENT PERMITTED BY LAW, THE MARKETPLACE PROVIDED BY OR THROUGH COMPANY IS PROVIDED ON AN "AS IS"AND"AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND,WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 7. Storage at Company Yard for a Marketplace transaction. This Section 7 shall only apply to Equipment listed on a Marketplace and stored at a Company site(each,a"Facility").The Agency and Company agree that the storage of Equipment does not represent a consignment agreement or other arrangement under which Ritchie Bros. Auctioneers (America), Inc. agrees to offer the Equipment for sale on behalf of the Agency. If Equipment is stored at the Facility while listed on a Marketplace, the Agency shall be deemed to be contracting with Ritchie Bros.Auctioneers(America), Inc for the storage component and with IronPlanet, Inc.for the Marketplace listing. Ritchie Bros.Auctioneers(America), Inc agrees to provide storage provided that the Equipment is free of all contents and substances other than normal operating fluids and lubricants;therefore, Ritchie Bros.Auctioneers(America), Inc reserves the right to refuse storage of any item of Equipment containing any hazardous substances or visibly leaking contaminants. 8. GovPlanet Direct. All Listings on GovPlanet Direct shall be subject to the additional terms set forth in this Section 8. 8.1. Listing Requirements.Agency shall include all relevant information in the Listing necessary to sell and convey the items, including (a) an accurate description and photographs to depict the condition of the item, including any attachments or included parts;and(b)the location and availability of the item for pick-up. Each Listing will be assigned a unique item number. Agency shall not post multiple Listings for the same item. 8.2. Opening Bid and Scheduling. For Listings on GovPlanet Direct, Agency will set (i) the opening bid for Listings; (ii) any applicable reserve amount, Make Offer, or Buy Now price; (iii)the bid increment; and(iv)the duration of the Listing. 8.3. Inspections.Agency agrees to permit bidders to inspect items prior to or during bidding,when feasible, at a time and place specified by Agency in the Listing or as otherwise mutually agreed between Agency and bidder. 8.4. Payment of Proceeds. After a Binding Obligation is concluded between Agency and Buyer, the GovPlanet Direct Marketplace will generate a third-party invoice that is issued to Buyer on Agency's behalf. Buyer is responsible for paying the purchase price for the items upon conclusion of a Binding Obligation, and Agency hereby authorizes GovPlanet to act as a' payment processor and facilitate receipt of the purchase price. Further,Agency hereby grants GovPlanet the right, in its own name, to enforce Agency's right to payment. Agency agrees that no monies shall be payable to Agency until paid by the Buyer.Once received by GovPlanet,any monies due to Agency, net of any commissions and fees due GovPlanet as detailed in this Agreement, shall be disbursed within fifteen (15) business days after conclusion of the Binding Obligation. Agency hereby consents to GovPlanet's right to offset any other commissions and fees specified in this Agreement or that result from additional services requested by Agency,with any remainder to be paid within thirty(30)days following receipt of an invoice. Agency may elect to act as the payment processor and facilitate receipt of the purchase price for Listings on GovPlanet Direct, to include all applicable commission and fees,pursuant to the Agreement. If the Agency elects to collect payments,GovPlanet will invoice Agency for its commission and fees no less than monthly.Agency shall remit payment to GovPlanet within thirty (30)days following receipt of an invoice. Agency acknowledges that Buyers may fail to perform or pay on a timely basis and that GovPlanet shall not have any liability to Agency for any act or omission of Buyers. 8.6. Prohibited Items.Agency is prohibited from selling the following items: • Alcoholic beverages, cigars,cigarettes or tobacco products; • Animals or livestock; • Controlled substances or chemicals; • Coupons; • Credit,debit,or gift cards; • Event tickets; • Lottery tickets; • Mailing lists and consumer information; • Pornography or other obscene media; • Prescription drugs; • Products subject to recall; • Real estate or property; • Services; • Stocks and other securities; • Used or opened cosmetics;and • Firearms and ammunition Sourcewell Govt.Annual California 01/28/2020 e a00.46, C)Terms and Conditions applicable to Live Auction Events only 1. Company Obligations and Responsibilities 1.1. Sale Sites and Dates.Company shall,as your agent,offer the Equipment for sale at unreserved auction at various locations and on various dates for the period commencing as of the date hereof and ending upon the termination of the Agreement. You shall provide to Company a completed Schedule A no later than fifteen (15)days prior to the scheduled auction date. If advertising of specific pieces is requested in the auction brochure,you must provide a completed Schedule A to Company at least thirty(30)days before the scheduled auction date. 1.2. Payment. Company shall make payment to you within twenty-one(21)days after the Live Auction Event, by check unless you specify otherwise in writing, the amount due and owing to you from monies collected from the sale of the Equipment after making all deductions permitted under this Agreement. 1.3. Administrative Fee. You acknowledge that Company may charge purchasers an administrative fee based on the selling price of each lot. 1.4. Other.Company shall (a) allow you access to records concerning the sale of the Equipment at the Live Auction Event, excluding the names or contact information of the buyers thereof; and (b) collect and remit state and local sales tax arising upon the sale of the Equipment at the Live Auction Event. 1.5. Lots.Company may divide the Equipment into such lots as it may in its absolute discretion deem desirable for a Live Auction Event. Company shall not be liable for any loss or damages claimed in respect of the manner in which the Equipment is divided into lots nor in respect of any failure by Company to divide the Equipment into lots. 2. AGENCY'S OBLIGATIONS AND RESPONSIBILITIES 2.1. Title Documents.Should Company be required to purchase titles on your behalf,RB shall be entitled to interest on amounts advanced at a rate of US Bank prime plus 2%. 2.2. Delivery. You shall deliver the Equipment, at your cost, to the auction site no later than fifteen (15) days prior to the scheduled Auction: (a) in good operating condition, free of material defects except as disclosed to Company, with adequate fuel and batteries and starting at the key; (b) free of hazardous materials other than normal operating fuels,oils and lubricants;and (c) in compliance with all applicable environmental, health and safety rules and regulations; together with all documents evidencing your title and/or necessary to transfer title to the Equipment, properly endorsed. The Agency may elect for Company to arrange for delivery of the Equipment to the Site by indicating the same in Schedule A. If delivery by Company is elected,the Agency will be charged a delivery fee equal to the actual cost of delivery plus 10%. 2.3. Unreserved Auction Sale. You acknowledge Auctions are unreserved and Company shall have no obligation or duty to withdraw the Equipment or any part thereof from the Live Auction Event or to cancel the Live Auction Event.The Equipment shall be sold to the highest bidder on the date of the Live Auction Event. 2.4. No Buybacks.You shall not bid or make an offer, directly or indirectly, nor allow any other person to bid or make an offer on your behalf, by agency or otherwise, on the Equipment or any part thereof in any Sales Event. 3. MUTUAL AGREEMENTS 3.1. Prohibition of Pre-Sale. Neither Company nor the you shall sell or offer for sale any part of the Equipment prior to the Live Auction Event without the written permission of the other Party. 3.2. Default by Agency. If: (a) you withdraw or fail to timely deliver the Equipment or any part thereof or any documents required hereunder,or if the Live Auction Event does not occur as a result of the actions or inaction of you, including without limitation the commencement of liquidation or bankruptcy proceedings of any sort by or against you; or (b) you,directly or indirectly, bids or permits another to bid on your behalf or for your benefit, by agency or otherwise, on the Equipment or any part thereof at the Live Auction Event;or (c) your representations and warranties set out in this Agreement are not true,complete and correct in all respects; then: (d) commissions shall be payable to Company upon demand, based upon the fair market value of any withdrawn or undelivered parts of the Equipment as if they had been sold; (e) any advances made by Company together with accrued interest shall become due and repayable immediately; and (f) you will upon demand,reimburse Company for all out-of-pocket expenses incurred in preparation for the Live Auction Event. Sourcewell Govt.Annual Califomia 01/28/2020 In the event you are in violation of subparagraph 3.2(b), in addition to any other rights or remedies Company may have under this Agreement, Company shall, at its sole discretion, have the right to sell or re-sell the Equipment by public or private sale and you shall pay to Company as liquidated damages in addition to all other amounts due hereunder,an amount equal to twenty-five percent (25%) of the proceeds realized from such sale or resale. If, pursuant to this section, the Equipment or any part thereof is not sold at the Live Auction Event,such equipment shall be deemed to have been withdrawn by you and the provisions of subparagraph 3.2(d), (e)and(f)shall apply. 3.3. Creation of Lien. In addition to any other rights or remedies available to Company, this Agreement creates a lien and charge upon the Equipment and may be registered under any applicable personal property security legislation as may be in.effect from time to time and entitles Company to seize and retain possession of the Equipment as security for,and to sell the Equipment to recover,all sums owing hereunder. 3.4. Use of Equipment. You authorize Company to operate the Equipment for the purpose of demonstrating it at the Live Auction Event. 3.5. Collection of Proceeds. Company shall collect the full proceeds from the sale of the Equipment and you assign to Company: (a) the amount required to discharge and satisfy all Encumbrances in respect of the Equipment;and (b) all amounts payable to Company hereunder,including commission and any advances,together with interest thereon which shall.be repayable at the time of the sale. 3.6. Company's Right of Set-Off.Company may, in its discretion, apply any proceeds from the sale of the Equipment towards any outstanding amounts otherwise due and owing to Company in connection with any purchases,deficiencies or services rendered by Company. 3.7. Uncollected Proceeds. Company may, as it deems necessary in its sole discretion, rem-auction any part of the Equipment not sold or paid for at the Live Auction Event, and you acknowledge that no monies shall be payable by Company for any part of the Equipment until it has been paid for in full by the purchaser thereof. 3.8. Other Consignments. Equipment belonging to other owners may be sold at the Live Auction Event. 3.9. Internet Bidding and Timed Auction Lot System. Company may in its sole discretion offer certain lots for sale, in conjunction with its unreserved auction,to registered bidders using its proprietary online bidding service or using its silent "timed auction lot"system.Company shall use its best effort to ensure that such technologies and systems are available at all auctions for which they have been advertised, however at any given sale: (a) only those lots which Company deems appropriate shall be offered using such technologies and systems, and (b) certain circumstances concerning the Internet and the technology in use are beyond Company's control, and such systems may not be available at any given time or auction. You agree that Company shall be held harmless from any and all claims, demands, suits, actions, causes of action, damages, costs or charges arising from (1) the failure of the internet, servers or other computer or communications components and systems, regardless of whether such failure is caused by the negligence of Company, (2) Company's decision whether or not to use such technologies or systems,or(3)its failure to offer such systems at any time. Sourcewell Govt.Annual Califomia 01/28/2020 SCHEDULE C TO LISTING AGREEMENT SUPPLEMENTAL EQUIPMENT DETAILS Contact for Inspection Alternate Contact for Inspection Contact for Transportation Name Office Phone Mobile Phone Fax Email Date for Inspection Special Instructions LOCATION 9 Business Name of Pickup Hours Equipment Location Address Ramps at Location?(Y/N) Max Wgt Capacity Loading Dock at Will Seller Load?(Y/N) Location?(Y/N); Max Wgt Capacity Fork Lift Available for Use Special Instructions/ at Location?(Y/N) Limitations;Other Max Wgt Capacity Loading Facilities LOCATION 2 Business Name of Pickup Hours Equipment Location Address Ramps at Location?(Y/N) Max Wgt Capacity Loading Dock at Will Seller Load?(Y/N) Location?(Y/N); Max Wgt Capacity Fork Lift Available for Use Special Instructions/ at Location?(YIN) Limitations;Other Max Wgt Capacity Loading Facilities LOCATION 3 Business Name of Pickup Hours Equipment Location Address Ramps at Location?(YIN) Max Wgt Capacity Loading Dock at Will Seller Load?(Y/N) Location?(Y/N); Max Wgt Capacity Fork Lift Available for Use Special Instructions/ at Location?(Y/N) Limitations;Other Max Wgt Capacity Loading Facilities Sourcewell Govt.Annual Califomia_01/28/2020 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Loretta Swanson, Director Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: October 6, 2020 Agenda Item # BRIEFING DATE: September 28, 2020 BRIEFING PRESENTED BY: Loretta Swanson [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Lead Pay Request BACKGROUND: Public Works U&W Management Division is requesting to place one of the Solid Waste Attendants as a temporary lead. Per the Teamsters General Services Collective Bargaining Agreements (CBA), Section 10.5, respectively, `...Lead Worker: The County may designate an employee as a Lead Worker; such designation is not considered to be a "job vacancy" or"newly created position." A Lead Worker will typically direct, oversee and/or organize the work of other employees, although the County reserves the exclusive right to make a Lead Worker designation based on other factors and rationale. The Lead Worker cannot hire, fire, or discipline other employees within the Bargaining Unit. This job classification is used at the discretion of management (and with prior approval of the Board of County Commissioners). A Department Head will post within his/her Department a notice of intent to appoint a Lead Worker. He/she will give full consideration to all departmental applicants before going outside his/her department. Any employee who acts as Lead Worker will receive an additional ten percent (10%) salary for the period of time they perform that function. RECOMMENDED ACTION: Request the Board of County Commissioners authorize Public Works appoint a temporary Solid Waste Attendant Lead for performing duties of a higher classification. ATTACHMENT: 1. Section 10.5 of the current CBA Collective Bargaining Agreement 1/1/2019—12/31/2021 Teamster Union Local No. 252 & Mason County General Services 10.5 LEAD WORKER The County may designate an employee as a Lead Worker; such designation is not considered to be a "job vacancy" or"newly created position" as referenced in ARTICLE 8-SENIORITY,Section 2.A Lead Worker will typically direct,oversee and/or organize the work of other employees, although the County reserves the exclusive right to make a Lead Worker designation based on other factors and rationale. The Lead Worker cannot hire,fire,or discipline other employees within the Teamsters bargaining unit. This job classification is used at the discretion of management(and with prior approval of the Board of County Commissioners).A Department Head will post within his/her Department a notice of intent to appoint a Lead Worker. He/she will give full consideration to all departmental applicants before going outside his/her department.Any employee who acts as Lead Worker will r MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Mike Collins, PE, PLS, County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: October 6, 2020 Agenda Item #8 8 BRIEFING DATE: September 28, 2020 BRIEFING PRESENTED BY: Loretta Swanson / Mike Collins [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Eells Hill Landfill Post Closure On-Call Services BACKGROUND: In 2016 Parametrix completed a closure report for the Eells Hill Landfill that was submitted to Environmental Health and the Department of Ecology. The Department of Ecology required quarterly groundwater monitoring for the following two years, landfill gas monitoring, and another settlement survey of the landfill. Parametrix prepared a scope and budget to complete the required testing and analysis. The landfill settlement survey has been completed by Mason County Survey Staff. The original survey was also completed by Mason County Staff. On two occasions, 4th quarter 2017 and 2"d quarter 2019, the consultants'team was not able to measure gas for analysis. Those sampling events were repeated in 2020 and the results were analyzed and incorporated into a final report which has been submitted to Environmental Health and the Department of Ecology. Within that final report are recommendations of work that will need to be addressed/negotiated to decommission the monitoring systems including: • Dismantling the blower/flare system, including upstream piping to the condensate knockout and capping off the remaining piping. • Cut off gas extraction wells and install below grade vaults • Decommissioning of gas probes per Chapter 173-160 WAC • Decommission ground monitoring wells except those being used by WA DOC. Staff recommend hiring Parametrix on an On-Call basis to develop budget estimates and specifications for the remaining decommissioning work and to provide technical support during meetings with Mason County Environmental Health and the WA Department of Ecology. Total Costs are estimated at $9749.00. Services are provided on a time-and-material basis as requested by the County. RECOMMENDED OR REQUESTED ACTION: Recommend the Board approve to authorize the Deputy Director/ Utilities and Waste Management to execute a contract with Parametrix to provide Post Landfill Closure On-Call Services. MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Mike Collins, PE, PLS, County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: October 6, 2020 Agenda Item # S ,off BRIEFING DATE: September 28, 2020 BRIEFING PRESENTED BY: Loretta Swanson / Mike Collins [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Purchase Snow Plow Blades BACKGROUND: Public Works has been using carbide snow plow blades for some years now and although they work well they also cause a lot of damage to our road surfaces. Switching over to the reinforced rubber blades may reduce the maintenance cost of resurfacing our roads prematurely. WSDOT, the City of Shelton Jefferson and Thurston County all use the reinforced rubber blade system with good results. Public Works has 9 trucks up-fit with blades at a cost of approximately $2,000 for each blade. We would like to purchase two sets of blades per truck for a total of 18 blades. Our existing stock of carbide blades will be used as backup. RECOMMENDED ACTION Recommend the Board authorize Public Works to procure reinforced rubber snow plow blades in the amount of approximately $36,000 + tax. MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Lisa Frazier DEPARTMENT: Treasurer EXT: 484 MEETING DATE: October 6, 2020 BRIEFING DATES: N/A 3.t© If this is a follow-up briefing, please provide only new information INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal ❑ Other— please explain ITEM: Request to dissolve 6 cash drawers in Sheriff's Department— Rescind Resolution #48-01 EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): The Sheriff's Office has contacted the Treasurer requesting that the six(6) change/cash drawers established by Resolution #48-01 be dissolved and the $600 be returned to the general fund. The Sheriffs Office no longer wishes to make change for cash transactions and will require customers provide the exact amount due for any cash transactions made, making the need for change/cash drawers no longer necessary in their department. This is not an uncommon practice— District Court operates in the same manner. BUDGET IMPACT: Increase ending fund balance for 2020 by $600.00 PUBLIC OUTREACH:(include any legal requirements,direct notice,website,community meetings,etc.) None RECOMMENDED OR REQUESTED ACTION: Approval to dissolve 6 cash drawers in Sheriffs Department— Rescind Resolution #48-01 ATTACHMENTS: Draft Resolution Briefing Summary 9/29/2020 RESOLUTION NO. RESCINDING RESOLUTION NO.48-01 TO DISSOLVE THE SIX(6) CASH DRAWERS IN THE SHERIFF'S OFFICE WHEREAS,the Mason County Sheriff's Office no longer wishes to make change for cash transactions received for services provided by the Sheriffs Office. WHEREAS,the Sheriff's Office will require the exact amount due for all transactions moving forward.Thereby, removing the need for the six(6) change drawers totaling$600.00 as established in Resolution No.48-01. WHEREAS,the Mason County Treasurer has reviewed and recommends approval of the Sheriffs Office request to dissolve the six(6) change drawers as established in Resolution No.48-01. THEREFORE,the Board of Mason County Commissioners hereby approves the Mason County Treasurer's recommendation for dissolving the six(6)change drawers and hereby rescinds Resolution No.48-01. NOW THEREFORE,the custodian of such change drawers will deposit back the$600.00 with the Mason County Treasurer to the credit of the Mason County General Fund. SIGNED this 6th day of October, 2020. BOARD OF COUNTY COMMISSIONERS Sharon Trask, Chair Randy Neatherlin,Vice Chair Kevin Shutty,Commissioner APPROVED BY: Lisa Frazier, Mason County Treasurer ATTEST: McKenzie Smith, Clerk of the Board APPROVED AS TO FORM: Tim Whitehead, Chief Deputy Prosecutor J:\RESOLUTIONS&ORDINANCES\RESOLUTIONS-ORDINANCES Word Files\2020\DISSOLVING RESOLUTION NO 48-1 SHERIFF CHANGE DRAWERS.docx r MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Patricia Grover, Mason County Noxious Action Agenda _X Weed Control Board Public Hearing Other DEPARTMENT: Commissioners EXT: 592 COMMISSION MEETING DATE: October 6, 2020 Agenda Item # Commissioner staff to complete) BRIEFING DATE: September 28, 2020 BRIEFING PRESENTED BY: Patricia Grover, Mason County Noxious Weed Control Board [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: 1. Contract #K3176 between Washington State Department of Agriculture and Mason County Noxious Weed Control Board to survey for and control Giant Hogweed within Mason County, for the period of September 15, 2020 to December 31, 2021. 2. Contract #K3177 between Washington State Department of Agriculture and Mason County Noxious Weed Control Board to survey for and control Perennial Pepperweed and nonnative genotypes of Common Reed within Mason County, for the period of September 15, 2020 to December 31, 2021. Background: Contract Agreements (each $5,000)will add an additional $10,000 into the 2021 budget to survey and control Giant Hogweed, Perennial Pepperweed and nonnative genotypes of Common Reed within Mason County. RECOMMENDED ACTION: Approval from Mason County Board of County Commissioners for Mason County Noxious Weed Control Board to enter into Contract #K3176 and #K3177 with Washington State Department of Agriculture. Request signature from Sharon Trask, Chair Mason County Commissioner. Additional Budget Impacts: A $10,000 increase to 2021 Budget that will appear as a Level 4 Request to revenue and expenditures. Attachment(s): 1. Contract K3176 Attachment A Plan of Work Attachment B Proposal Attachment C Permission to Enter Private Land and Waiver of Liability 2. Contract K3177 Attachment A Plan of Work Attachment B Proposal Attachment C Permission to Enter Private Land and Waiver of Liability 9/28/2020 Contract Number: K3176 INTERAGENCY AGREEMENT BETWEEN WASHINGTON STATE DEPARTMENT OF AGRICULTURE AND MASON COUNTY AND ITS AGENT MASON COUNTY NOXIOUS WEED CONTROL BOARD THIS AGREEMENT is made and entered into by and between the Washington State Department of Agriculture (WSDA) and Mason County and its agent, Mason County Noxious Weed Control Board. IT IS THE PURPOSE OF THIS AGREEMENT to provide Mason County and its agent, Mason County Noxious Weed Control Board, funding for a project to survey for and control Giant Hogweed (Heracleum mantegazzianum) within Mason County. THEREFORE, IT IS MUTUALLY AGREED THAT: STATEMENT OF WORK Mason County through its agent, Mason County Noxious Weed Control Board, shall furnish the necessary personnel, equipment, material and/or service(s) and otherwise do all things necessary for or incidental to the performance of the work set forth in Attachment"A"which is attached hereto and incorporated herein. PERIOD OF PERFORMANCE Regardless of the date of signature and subject to its other provisions, this Agreement shall begin on September 15, 2020 and end on December 31, 2021, unless terminated sooner or extended by WSDA as provided herein through a properly executed amendment. PAYMENT Compensation for the work provided in accordance with this Agreement has been established under the terms of RCW 39.34.130. The parties have determined that the cost of accomplishing the work herein will not exceed $5,000.00. Only reasonable costs identified in Attachment "A", incurred directly related to the Mason County Giant Hogweed Survey and Control Project, will be reimbursed to Mason County under this Agreement. Payment for satisfactory performance of the work shall not exceed this amount unless the parties mutually agree in writing to a higher amount prior to the commencement of any work that will cause the maximum payment to be exceeded. Compensation for service(s) shall be as set forth in accordance with the budget in Attachment "B" which is attached hereto and incorporated herein. BILLING PROCEDURE Mason County shall submit properly completed invoices quarterly to the WSDA Agreement administrator. Reference WSDA Contract Number K3176 on all invoices. Payment to Mason County for approved and completed work will be made by warrant or account transfer by WSDA within.30 days of receipt of the properly completed invoice. if Contractor does not have an invoice template to request payment, Contractor can request a copy of a Certified State Invoice Voucher (Form A-19) from WSDA. Upon expiration of the Agreement, any claim for payment not Page 1 of 6 Contract Number: K3176 already made shall be submitted within 30 days after the expiration date or the end of the fiscal year, whichever is earlier. DUPLICATION OF BILLED COSTS The Contractor shall not bill the Agency for services performed under this contract, and the Agency shall not pay the Contractor, if the Contractor has been or will be paid by any other source, including grants, for that service. FUNDING CONTINGENCY In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to completion of the work in this Agreement, the Agency may: a. Terminate this Agreement with 10 days advance notice. If this Agreement is terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. b. Renegotiate the terms of the Agreement under those new funding limitations and corfditions. c. After a review of project expenditures and deliverable status, extend the end date of this Agreement and postpone deliverables or portions of deliverables. Or, d. Pursue such other alternative as the parties mutually agree to writing. RECORDS MAINTENANCE The parties to this Agreement shall each maintain books, records, documents and other evidence that sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the services described herein. Documents must also support performance and costs of any nature expended in the performance of this Agreement. These records shall be subject to inspection, review or audit by personnel of both parties, other personnel duly authorized by either party, the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents and other material relevant to this Agreement will be retained for six years after expiration of the Agreement and the Office of the State Auditor, federal auditors and any persons duly authorized by the parties shall have full access and the right to examine any of these materials during this period. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. Records and other documents, in any medium, furnished by one party to this Agreement to the other party, will remain the property of the furnishing party, unless otherwise agreed. The receiving party will not disclose or make available this material to any third parties without first giving notice to the furnishing party and giving it a reasonable opportunity to respond, consistent with applicable laws. Each party will utilize reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. Page 2 of 6 Contract Number: K3176 RIGHTS IN DATA Unless otherwise provided, data that originates from this Agreement shall be "works for hire" as- defined by the U.S. Copyright Act of 1976 and shall be owned by WSDA. Data shall include, but not be limited to, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes and/or sound reproductions. Ownership includes the right to copyright, patent, register, and the ability to transfer these rights. INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. SUBCONTRACTING "Subcontractor" means one not in the employment of a party to this Agreement, who is performing all or part of those services under this Agreement under a separate contract with a party to this Agreement. The terms "subcontractor" and "subcontractors" mean,subcontractor(s) in any tier. Except as otherwise provided in the Agreement, the Contractor shall not subcontract any of the contracted services without the prior approval of the Agency. The Contractor is responsible to ensure that all terms, conditions, assurances and certifications set forth in this Agreement are included in any and all Subcontracts. Any failure of Contractor or its Subcontractors to perform the obligations of this Agreement shall not discharge Contractor from its obligations under this Agreement. TERMINATION FOR CONVENIENCE Either party may terminate this Agreement upon 30 days' prior written notification to the other party. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of the Agreement prior to the effective date of termination. TERMINATION FOR CAUSE If for any cause, either party does not fulfill in a timely and'proper manner its obligations under this Agreement, or if either party violates any of these terms and conditions, the aggrieved party will give the other party written notice of such failure or violation. The responsible party will be given the opportunity to correct the violation or failure within 15 working days of receipt of written notice. If the failure or violation is not corrected, this Agreement may be terminated immediately upon receipt of written notice of the aggrieved party to the other. CONFLICT OF INTEREST WSDA may, by written notice to Mason County, terminate this Agreement if it is found after due notice and examination by the Director of the Department of Agriculture, and/or the designee authorized in writing to act on the Director's behalf, that there is a violation of the State Ethics Law, chapter 42.52 RCW; chapter 42.23 RCW; or any similar statute involving Mason County in the procurement of or performance under this Agreement. Unless stated otherwise, the signatory of this Agreement is the Director's designee. Page 3 of 6 Contract Number: K3176 In the event this Agreement is terminated as provided above, WSDA shall be entitled to pursue the same remedies against Mason County and its agent, Mason County Noxious Weed Control Board, as it could pursue in the event of a breach of the Agreement by Mason County or its agent, Mason County Noxious Weed Control Board. The rights and remedies of WSDA provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. The existence of facts upon which the Director of the Department of Agriculture, and/or the designee authorized in writing to act on the Director's behalf, makes any determination under this clause shall be an issue and may be reviewed as provided in the "Disputes" clause of this Agreement: DISPUTES In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, agreement terms and applicable statutes and rules and make a determination of the dispute. The determination of the Dispute Board shall be final and binding on the parties hereto. GOVERNING LAW AND VENUE This Agreement shall be construed and interpreted in accordance with the laws of the state of Washington and the venue of any action brought under this Agreement shall be in Superior Court for Thurston County. ASSURANCES The parties agree that all activity pursuant to this Agreement shall be in accordance with all applicable federal, state and local laws, rules, and regulations as they currently exist or as amended. LICENSING, BONDING, INDUSTRIAL INSURANCE AND OTHER INSURANCE COVERAGE Mason County and its agent, Mason County Noxious Weed Control Board, shall ensure that all contractors hired to perform services under this Agreement shall comply with all applicable licensing and bonding requirements for the type of service to be performed, and with the provisions of Title 51, Industrial Insurance. Mason County and its agent, Mason County Noxious Weed Control Board, shall also ensure that all contractors provide proof of an adequate amount of commercial general liability insurance coverage for the activities to be performed under any subcontract. ORDER OF PRECEDENCE In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: a. Applicable state and federal statutes and rules; b. Terms and conditions contained within this Contract; c. Plan of Work (Attachment A); d. Budget (Attachment B); e. Permission to Enter Private Land and Waiver of Liability (Attachment C); and f. Any other provisions of the Agreement, including material incorporated by reference. Page 4 of 6 Contract Number: K3176 ASSIGNMENT Mason County and its agent, Mason County Noxious Weed Control Board, are responsible for ensuring that all terms, conditions, assurances and certifications set forth in this Agreement are carried forward to any subcontracts. In no event shall the existence of any subcontract operate to release or reduce the liability of Mason County and its agent, Mason County Noxious Weed Control Board, to WSDA for any breach in the performance of Mason County and its agent Mason County Noxious Weed Control Board's duties. WAIVER A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement. Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Agreement unless stated to be such in writing signed by an authorized representative of the party and attached to the original Agreement. SEVERABILITY If any term or condition of this Agreement is held invalid, such invalidity shall not affect the validity of the other terms or conditions of this Agreement. ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. CONTRACT MANAGEMENT The Agreement administrator for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Agreement. The Agreement administrator for WSDA is: Greg Haubrich, Pest Program Manager Washington State Dept. of Agriculture Plant Protection Division PO Box 42560 Olympia, Washington 98504-2560 (360) 902-2071 ghaubrich@agr.wa.gov The Agreement administrator for Mason County is: Pat Grover, Coordinator Mason County Noxious Weed Control Board 303 N. 4t' Street Shelton, WA 98584 (360) 427-9670 X 592 patriciag@co.mason.wa.us Page 5 of 6 Contract Number: K3176 All communications between the parties relating to this Agreement and any billings and payments will be directed to those persons. Either party may change administrators by notifying the other in writing. IN WITNESS WHEREOF, the parties have executed this Agreement. STATE OF WASHINGTON MASON COUNTY DEPT. OF AGRICULTURE By: By: Title: Assistant Director- Plant Protection Title: Chair, Mason County Commissioners Division Date: Date: Page 6 of 6 Contract Number: K3176 ATTACHMENT A Plan of Work Mason County and its agent Mason County Noxious Weed Control Board Giant Hogweed Survey and Control Project September 15, 2020 to December 31, 2021 County Control Criteria: Mason County through its agent, Mason County Noxious Weed Control Board, will conduct survey and control of Giant Hogweed (Heracleum mantegazzianum) located within Mason County. Minimum work specifications: Mason County staff and/or subcontractors will use an integrated weed management approach, in conjunction with the best management practices for the control of Giant Hogweed. All control methods will be employed consistent with the laws, rules and regulations of Washington State, Mason County, the Noxious Emergent Plant Management Environmental Impact Statement (EIS) first published in November 1993, and all subsequent amendments to the EIS. Mason County, or subcontractors to Mason County, must enter into a contract with WSDA under which Mason County, or subcontractors to Mason County, act as limited agents to carry out noxious and quarantine weed control for WSDA under the "Aquatic Noxious Weed Control National Pollutant Discharge Elimination System Waste Discharge General Permit" (NPDES permit) prior to the performance of any activity pursuant to this Agreement that discharges herbicides directly into streams or rivers, or indirectly into streams, rivers, estuaries, wetlands, along lake shorelines, or in other wet areas. Herbicide treatments may only occur at times allowed under provisions of the NPDES permit and must comply with conditions specified in such permit. The Mason County Giant Hogweed Survey and Control Project Coordinator will work closely with the WSDA Noxious Weed Coordinator. Work will only take place on property for which the Mason County Noxious Weed Control Board has obtained prior written permission for entry and treatment. Mason County Noxious Weed Control Board will also provide access to these properties for the WSDA Noxious Weed Coordinator. Changes made to any permission form must be approved by WSDA prior to the performance of any work on that property undertaken under terms of this Agreement. Program Needs Provided by WSDA: WSDA may furnish herbicide, surfactants and equipment as the WSDA Noxious Weed Coordinator deems necessary. All unexpended items remain the property of WSDA. Expenditures: The funds provided for the Mason County Giant Hogweed Survey and Control project will primarily go towards staff salaries and benefits and travel. All supplies furnished by WSDA will be used in Washington State and under the supervision of county personnel. An inventory list will be furnished to WSDA upon request. Items such as computer programs, models, food and Page 1 of 2 Contract Number: K3176 beverage, or other costs not specified in this document will not be reimbursed unless the expenditure is specifically authorized in advance in writing by WSDA. Coordination: The Mason County Giant Hogweed Survey and Control Project will be coordinated with state, local and private control efforts. Deliverables: The county noxious weed coordinator or program manager will submit a written report to the WSDA agreement administrator, documenting the work conducted on these projects, as follows: A final report due January 15, 2022, which will include the following: • Date(s) of survey and control activities, • The type of control conducted, • Difficulties encountered (if any), • Solid acres (or square feet) of each species treated, • Number of acres and/or miles surveyed (if any), • GPS derived locations of any noxious weed locations, • Number and type of landowners assisted (if any), • Photo documentation of selected sites, including before and after treatment photos. Final payment under this Agreement will not be made until the final report is accepted by WSDA. These deliverables are separate from and in addition to any reporting requirements associated with limited agent status under WSDA's Aquatic Noxious Weed Control NPDES General Permit coverage. Page 2 of 2 Contract Number: K3176 ATTACHMENT B Budget Mason County and its agent Mason County Noxious Weed Board Giant Hogweed Survey and Control Project September 15, 2020 to December 31, 2021 Total payment to Mason County and its agent Mason County Noxious Weed Control Board will not exceed $5,000.00 in fiscal biennium-2021 (i.e., September 15, 2020 through December 31, 2021). 1. Salaries and benefits..................................................................................$4,739.00 2. Supplies, equipment, and travel ......................................................................$261.00 3. Contracted services.............................................................................................$0.00 4. Indirect................................................................................................................$0.00 TOTAL: .................................................................................................$5,000.00 Reimbursement for travel expenditures shall not exceed allowable costs as set forth in Washington State travel regulations, contained in the Office of Financial Management State Administrative and Accounting Manual, Chapter 10, Section 90. Page 1 of 1 Contract Number: K3176 ATTACHMENT C Permission to Enter Private Land and Waiver of Liability Mason County and its agent Mason County Noxious Weed Control Board Project for Giant hogweed Control PERMISSION TO ENTER PRIVATE LAND AND WAIVER OF LIABILITY THIS AGREEMENT INCLUDES PERMISSION TO ENTER PRIVATE PROPERTY AND A WAIVER OF CERTAIN CLAIMS OF LIABILITY. READ CAREFULLY BEFORE SIGNING. This Permission to Enter Private Land and Waiver of Liability is made'between the Mason County Noxious Weed Control Board, hereafter referred to as "the Board," and , hereafter referred to individually or collectively as "the property owner(s)." INTRODUCTION 1. The control and eradication of noxious weeds on public and private lands is in the public interest and the presence of invasive Giant hogweed (Heracleum mantegazzianum) on private lands threatens wildlife habitat and provides a source for renewed infestation of other private and public lands. Effective eradication of Giant hogweed requires concerted effort on both public and private lands to protect our natural resources. 2. The Board and its agents desire to perform activities to eradicate and/or control Giant hogweed on public and private lands within Mason County. These activities are authorized and carried out under one or more of the following chapters: 17.04 RCW, 17.06 RCW, 17.1.0 RCW, and 17.24 RCW. 3. The property owner(s) is/are the sole owner of property located at in Mason County, Washington,hereafter referred to as"the property." 4. The property owner(s)is/are interested in and benefited by the eradication and/or control of Giant hogweed on the property. 5. The property owner(s) and the Board desire to memorialize an agreement for the purpose of eradication and/or control of Giant hogweed on the property.. AGREEMENT 1. Permission. In consideration of the benefits described above, the property owner(s) grant permission to the Board and its agents, contractors, cooperators and employees to enter onto the property from August 15, 2020 to December 31, 2021 to perform activities to eradicate and/or control Giant hogweed on the property. The property owner(s) acknowledge and agree that these activities may include the application of herbicide to the property. The property owner(s) also grant permission to agents, contractors, cooperators and employees of the Washington State Department of Agriculture to enter onto the property from August 15,2020 to December 31, 2021 for the purpose of monitoring and evaluating the success of Giant hogweed eradication and/or control activities. 2. Expiration and Revocation. The Board and its agents, contractors, cooperators and employees are permitted to enter the property on all of the above dates and until December 31, 2021, or until this permission is revoked, whichever occurs first. The property owner(s) may revoke this permission by Contract Number: K3176 presenting a written letter of revocation to the Board. The revocation is effective five (5) business days after receipt by the Board. 3. Liability Waiver. The purpose of entry onto the property is to perform activities to eradicate and/or control Giant hogweed.The property owner(s)expressly agree to hold harmless the Board,the Washington Department of Agriculture (WSDA), and the agents, contractors, cooperators and employees of the Board, or WSDA, and to waive any claim of liability against the Board, WSDA, and the agents, contractors, cooperators and employees of the Board, or WSDA, for any injury, damage, or harm which is the logical and intended consequence of activities properly performed to eradicate and/or control Giant hogweed. The Board and its agents, contractors, cooperators and employees agree to waive any claim of liability against the landowner for any injury, damage, or harm which is not the consequence of the landowner's negligence. As to any other act or omission of either party under this agreement, each party shall be responsible for its own acts or omissions and those of its officers, employees and agents under this agreement. No party to this agreement shall be responsible to the other for the acts or omissions of entities or individuals not a party to this agreement. 4. Entire Agreement. This Permission to Enter Private Land and Waiver of Liability contains the entire agreement between the parties with regard to the matters set forth herein. 5. Applicable Law. This Permission to Enter Private Land and Waiver of Liability shall be construed and interpreted according to the laws of the State of Washington. BY THE SIGNATURE BELOW, THE PROPERTY OWNER(S)DECLARE THAT THE TERMS OF THIS PERMISSION TO ENTER PRIVATE LAND AND WAIVER OF LIABILITY HAVE BEEN COMPLETELY READ AND FULLY UNDERSTOOD AND VOLUNTARILY ACCEPTED AND EXPRESSLY WAIVE ANY CLAIM THAT THIS PERMISSION TO ENTER PRIVATE LAND AND WAIVER OF LIABILITY IS NOT FAIRLY AND KNOWINGLY MADE. Property Owner(s)/Legal Representative: Property Owner(s)Mailing Address: Street City County zip Telephone Number(s): (PRINT)Name of property owner Signature of property owner Date (PRINT)Name of property owner Signature of property owner Date (PRINT)Name of property owner Signature of property owner Date (PRINT)Name of authorized representative, Signature of authorized representative, Date Mason County Noxious Weed Control Board Mason County Noxious Weed Control Board Contact information for the Mason County Noxious Weed Control Board: Pat Grover,(360)427-9670 X 592 303 N.4th Street Shelton,WA 98584 Contract Number: K3177 INTERAGENCY AGREEMENT BETWEEN WASHINGTON STATE DEPARTMENT OF AGRICULTURE AND MASON COUNTY AND ITS AGENT MASON COUNTY NOXIOUS WEED CONTROL BOARD THIS AGREEMENT is made and entered into by and between the Washington State Department of Agriculture (WSDA) and Mason County and its agent, Mason County Noxious Weed Control Board. IT IS THE PURPOSE OF THIS AGREEMENT to provide Mason County and its agent, Mason County Noxious Weed Control Board, funding for a project to survey for and control Perennial Pepperweed (Lepidium latifolium) and nonnative genotypes of Common Reed (Phragmites australis) within Mason County. THEREFORE, IT IS MUTUALLY AGREED THAT: STATEMENT OF WORK Mason County through its agent, Mason County Noxious Weed Control Board, shall furnish the necessary personnel, equipment, material and/or service(s) and otherwise do all things necessary for or incidental to the performance of the work set forth in Attachment "A" which is attached hereto and incorporated herein. PERIOD OF PERFORMANCE Regardless of the date of signature and subject to its other provisions, this Agreement shall begin on September 15, 2020 and end on December 31, 2021, unless terminated sooner or extended by WSDA as provided herein through a properly executed amendment. PAYMENT Compensation for the work provided in accordance with this Agreement has been established under the terms of RCW 39.34.130. The parties have determined that the cost of accomplishing the work herein will not exceed $5,000.00. Only reasonable costs identified in Attachment "A", incurred directly related to the Mason County Perennial Pepperweed and Common Reed Survey and Control Project, will be reimbursed to Mason County under this Agreement. Payment for satisfactory performance of the work shall not exceed this amount unless the parties mutually agree in writing to a higher amount prior to the commencement of any work that will cause the maximum payment to be exceeded. Compensation for service(s) shall be as set forth in accordance with the budget in Attachment"B" which is attached hereto and incorporated herein. BILLING PROCEDURE Mason County shall submit properly completed invoices quarterly to the WSDA Agreement administrator. Reference WSDA Contract Number K3177 on all invoices. Payment to Mason County for approved and completed work will be made by warrant or account transfer by WSDA within 30 days of receipt of the properly completed invoice. If Contractor does not have an invoice template to request payment, Contractor can request a copy of a Certified State Invoice Voucher (Form A-19) from WSDA. Upon expiration of the Agreement, any claim for payment not Page 1 of 6 Contract Number: K3177 already made shall be submitted within 30 days after the expiration date or the end of the fiscal year, whichever is earlier. DUPLICATION OF BILLED COSTS The Contractor shall not bill the Agency for services performed under this contract, and the Agency shall not pay the Contractor, if the Contractor has been or will be paid by any other source, including grants, for that service. FUNDING CONTINGENCY In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to completion of the work in this Agreement, the Agency may: a. Terminate this Agreement with 10 days advance notice. If this Agreement is terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. b. Renegotiate the terms of the Agreement under those new funding limitations and conditions. c. After a review of project expenditures and deliverable status, extend the end date of this Agreement and postpone deliverables or portions of deliverables. Or, d. Pursue such other alternative as the parties mutually agree to writing. RECORDS MAINTENANCE The parties to this Agreement shall each maintain books, records, documents and other evidence that sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the services described herein. Documents must also support performance and costs of any nature expended in the performance of this Agreement. These records shall be subject to inspection, review or audit by personnel of both parties, other personnel duly authorized by either party, the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents and other material relevant to this Agreement will be retained for six years after expiration of the Agreement and the Office of the State Auditor, federal auditors and any persons duly authorized by the parties shall have full access and the right to examine any of these materials during this period. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. Records and other documents, in any medium, furnished by one party to this Agreement to the other party, will remain the property of the furnishing party, unless otherwise agreed. The receiving party will not disclose or make available this material to any third parties without first giving notice to the furnishing party and giving it a reasonable opportunity to respond, consistent with applicable laws. Each party will utilize reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. Page 2 of 6 Contract Number: K3177 RIGHTS IN DATA Unless otherwise provided, data that originates from this Agreement shall be "works for hire" as defined by the U.S. Copyright Act of 1976 and shall be owned by WSDA. Data shall include, but not be limited to, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes and/or sound reproductions. Ownership includes the right to copyright, patent, register, and the ability to transfer these rights. INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. SUBCONTRACTING "Subcontractor" means one not in the employment of a party to this Agreement, who is performing all or part of those services under this Agreement under a separate contract with a party to this Agreement. The terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier. Except as otherwise provided in the Agreement, the Contractor shall not subcontract any of the contracted services without the prior approval of the Agency. The Contractor is responsible to ensure that all terms, conditions, assurances and certifications set forth in this Agreement are included in any and all Subcontracts. Any failure of Contractor or its Subcontractors to perform the obligations of this Agreement shall not discharge Contractor from its obligations under this Agreement. TERMINATION FOR CONVENIENCE Either party may terminate this Agreement upon 30 days' prior written notification to the other party. If this Agreement is so terminated, the parties.shall be liable only for performance rendered or costs incurred in accordance with the terms of the Agreement prior to the effective date of termination. TERMINATION FOR CAUSE If for any cause, either party does not fulfill in a timely and proper manner its obligations under this Agreement, or if either party violates any of these terms and conditions, the aggrieved party will give the other party written notice of such failure or violation. The responsible party will be given the opportunity to correct the violation or failure within 15 working days of receipt of written notice. If the failure or violation is not corrected, this Agreement may be terminated immediately upon receipt of written notice of the aggrieved party to the other. CONFLICT OF INTEREST WSDA may, by written notice to Mason County, terminate this Agreement if it is found after due notice and examination by the Director of the Department of Agriculture, and/or the designee authorized in writing to act on the Director's behalf, that there is a violation of the State Ethics Law, chapter 42.52 RCW; chapter 42.23 RCW; or any similar statute involving Mason County in the procurement of or performance under this Agreement. Unless stated otherwise, the signatory of this Agreement is the Director's designee. Page 3 of 6 Contract Number: K3177 In the event this Agreement is terminated as provided above, WSDA shall be entitled to pursue the same remedies against Mason County and its agent, Mason County Noxious Weed Control Board, as it could pursue in the event of a breach of the Agreement by Mason County or its agent, Mason County Noxious Weed Control Board. The rights and remedies of WSDA provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. The existence of facts upon which the Director of the Department of Agriculture, and/or the designee authorized in writing to act on the Director's behalf, makes any determination under this clause shall be an issue and may be reviewed as provided in the "Disputes" clause of this Agreement. DISPUTES In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, agreement terms and applicable statutes and rules and make a determination of the dispute. The determination of the Dispute Board shall be final and binding on the parties hereto. GOVERNING LAW AND VENUE This Agreement shall be construed and interpreted in accordance with the laws of the state of Washington and the venue of any action brought under this Agreement shall be in Superior Court for Thurston County. ASSURANCES The parties agree that all activity pursuant to this Agreement shall be in accordance with all applicable federal, state and local laws, rules, and regulations as they currently exist or as amended. LICENSING, BONDING, INDUSTRIAL INSURANCE AND OTHER INSURANCE COVERAGE Mason County and its agent, Mason County Noxious Weed Control Board, shall ensure that all contractors hired to perform services under this Agreement shall comply with all applicable licensing and bonding requirements for the type of service to be performed, and with the provisions of Title 51, Industrial Insurance. Mason County and its agent, Mason County Noxious Weed Control Board, shall also ensure that all contractors provide proof of an adequate amount of commercial general liability insurance coverage for the activities to be performed under any subcontract. ORDER OF PRECEDENCE In the event of an inconsistency,in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: a. Applicable state and federal statutes and rules; b. Terms and conditions contained within this Contract; c. Plan of Work (Attachment A); d. Budget (Attachment B); e. Permission to Enter Private Land and Waiver of Liability (Attachment C); and f. Any other provisions of the Agreement, including material incorporated by reference. Page 4 of 6 Contract Number: K3177 ASSIGNMENT Mason County and its agent, Mason County Noxious Weed Control Board, are responsible for ensuring that all terms, conditions, assurances and certifications set forth in this Agreement are carried forward to any subcontracts. In no event shall the existence of any subcontract operate to release or reduce the liability of Mason County and its agent, Mason County Noxious Weed Control Board, to WSDA for any breach in the performance of Mason County and its agent Mason County Noxious Weed Control Board's duties. WAIVER A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement. Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Agreement unless stated to be such in writing signed by an authorized representative of the party and attached to the original Agreement. SEVERABILITY If any term or condition of this Agreement is held invalid, such invalidity shall not affect the validity of the other terms or conditions of this Agreement. ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. CONTRACT MANAGEMENT The Agreement administrator for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Agreement. The Agreement administrator for WSDA is: Greg Haubrich, Pest Program Manager Washington State Dept. of Agriculture Plant Protection Division PO Box 42560 Olympia, Washington 98504-2560 (360) 902-2071 ghaubrich@agr.wa.gov The Agreement administrator for Mason County is: Pat Grover, Coordinator Mason County Noxious Weed Control Board 303 N. 4th Street Shelton, WA 98584 (360) 427-9670 X 592 patriciag@co.mason.wa.us Page 5 of 6 Contract Number: K3177 All communications between the parties relating to this Agreement and any billings and payments will be directed to those persons. Either party may change administrators by notifying the other in writing. IN WITNESS WHEREOF, the parties have executed this Agreement. STATE OF WASHINGTON MASON COUNTY DEPT. OF AGRICULTURE By: By: Title: Assistant Director- Plant Protection Title: Chair, Mason County Commissioners Division Date: Date: Page 6 of 6 Contract Number: K3177 ATTACHMENT A Plan of Work Mason County and its agent Mason County Noxious Weed Control Board Perennial Pepperweed and Common Reed Survey and Control Project September 15, 2020 to December 31, 2021 County Control Criteria: Mason County through its agent, Mason County Noxious Weed Control Board, will conduct survey and control of Perennial Pepperweed (Lepidium latifolium) and nonnative genotypes of Common Reed (Phragmites australis) located within Mason County. Minimum work specifications: Mason County staff and/or subcontractors will use an integrated weed management approach, in conjunction with the best management practices for the control of Perennial Pepperweed and Common Reed. All control methods will be employed consistent with the laws, rules and regulations of Washington State, Mason County, the Noxious Emergent Plant Management Environmental Impact Statement(EIS) first published in November 1993, and all subsequent amendments to the EIS. Mason County, or subcontractors to Mason County, must enter into a contract with WSDA under which Mason County, or subcontractors to Mason County, act as limited agents to carry out noxious and quarantine weed control for WSDA under the "Aquatic Noxious Weed Control National Pollutant Discharge Elimination System Waste Discharge General Permit" (NPDES permit) prior to the performance of any activity pursuant to this Agreement that discharges herbicides directly into streams or rivers, or indirectly into streams, rivers, estuaries, wetlands, along lake shorelines, or in other wet areas. Herbicide treatments may only occur at times allowed under provisions of the NPDES permit and must comply with conditions specified in such permit. The Mason County Perennial Pepperweed and Common Reed Survey and Control Project Coordinator will work closely with the WSDA Noxious Weed Coordinator. Work will only take place on property for which the Mason County Noxious Weed Control Board has obtained prior written permission for entry and treatment. Mason County Noxious Weed Control Board will also provide access to these properties for the WSDA Noxious Weed Coordinator. Changes made to any permission form must be approved by WSDA prior to the performance of any work on that property undertaken under terms of this Agreement. Program Needs Provided by WSDA: WSDA may furnish herbicide, surfactants and equipment as the WSDA Noxious Weed Coordinator deems necessary. All unexpended items remain the property of WSDA. Expenditures: The funds provided for the Mason County Perennial Pepperweed and Common Reed Survey and Control project will primarily go towards staff salaries and benefits and travel. All supplies furnished by WSDA will be used in Washington State and under the supervision of county personnel. An inventory list will be furnished to WSDA upon request. Items such as computer Page 1 of 2 Contract Number: K3177 programs, models, food and beverage, or other costs not specified in this document will not be reimbursed unless the expenditure is specifically authorized in advance in writing by WSDA. Coordination: The Mason County Perennial Pepperweed and Common Reed Survey and Control Project will be coordinated with state, local and private control efforts. Deliverables: The county noxious weed coordinator or program manager will submit a written report to the WSDA agreement administrator, documenting the work conducted on these projects, as follows: A final report due January 15, 2022, which will include the following: • Date(s) of survey and control activities, • The type of control conducted, • Difficulties encountered (if any), • Solid acres (or square feet) of each species treated, • Number of acres and/or miles surveyed (if any), • GPS derived locations of any noxious weed locations, • Number and type of landowners assisted (if any), • Photo documentation of selected sites, including before and after treatment photos. Final payment under this Agreement will not be made until the final report is accepted by WSDA. These deliverables are separate from and in addition to any reporting requirements associated with limited agent status under WSDA's Aquatic Noxious Weed Control NPDES General Permit coverage. Page 2 of 2 Contract Number: K3177 ATTACHMENT B Budget Mason County and its agent Mason County Noxious Weed Board Perennial Pepperweed and Common Reed Survey and Control Project September 15, 2020 to December 31, 2021 Total payment to Mason County and its agent Mason County Noxious Weed Control Board will not exceed $5,000.00 in fiscal biennium 2021 (i.e., September 15, 2020 through December 31, 2021). 1. Salaries and benefits..................................................................................$4,518.00 2. Travel..............................................................................................................$482.00 3. Supplies, equipment and misc.............................................................................$0.00 4. Contracted services.............................................................................................$0.00 5. Indirect................................................................................................................$0.00 TOTAL: .................................................................................................$5,000.00 Reimbursement for travel expenditures shall not exceed allowable costs as set forth in Washington State travel regulations, contained in the Office of Financial Management State Administrative and Accounting Manual, Chapter 10, Section 90. Page 1 of 1 Contract Number: K3177 ATTACHMENT C Permission to Enter Private Land and Waiver of Liability Mason County and its agent Mason County Noxious Weed Control Board Project for Perennial Pepperweed and Common Reed Control PERMISSION TO ENTER PRIVATE LAND AND WAIVER OF LIABILITY THIS AGREEMENT INCLUDES PERMISSION TO ENTER PRIVATE PROPERTY AND A WAIVER OF CERTAIN CLAIMS OF LIABILITY. READ CAREFULLY BEFORE SIGNING. This Permission to Enter Private Land and Waiver of Liability is made between the Mason County Noxious Weed Control Board, hereafter referred to as "the Board," and hereafter referred to individually or collectively as "the property owner(s)." INTRODUCTION 1. The control and eradication of noxious weeds on public and private lands is in the public interest and the presence of invasive Perennial Pepperweed (Lepidium latifolium) and Common Reed (Phragmites australis) on private lands threatens wildlife habitat and provides a source for renewed infestation of other private and public lands. Effective eradication of Perennial Pepperweed and Common Reed requires concerted effort on both public and private lands to protect our natural resources. 2. The Board and its agents desire to perform activities to eradicate and/or control Perennial Pepperweed and Common Reed on public and private lands within Mason County. These activities are authorized and carried out under one or more of the following chapters: 17.04 RCW, 17.06 RCW, 17.10 RCW, and 17.24 RCW. 3. The property owner(s) is/are the sole owner of property located at in Mason County, Washington, hereafter referred to as "the property." 4. The property owner(s) is/are interested in and benefited by the eradication and/or control of Perennial Pepperweed and Common Reed on the property. 5. The property owner(s) and the Board desire to memorialize an agreement for the purpose of eradication and/or control of Perennial Pepperweed and Common Reed on the property. AGREEMENT 1. Permission. In consideration of the benefits described above, the property owner(s) grant permission to the Board and its agents, contractors, cooperators and employees to enter onto the property from August 15, 2020 to December 31,2021 to perform activities to eradicate and/or control Perennial Pepperweed and Common Reed on the property. The property owner(s) acknowledge and agree that these activities may include the application of herbicide to the property. The property owner(s) also grant permission to agents, contractors, cooperators and employees of the Washington State Department of Agriculture to enter onto the property from August 15,2020 to December 31, 2021 for the purpose of monitoring and evaluating the success of Perennial Pepperweed and Common Reed eradication and/or control activities. 2. Expiration and Revocation. The Board and its agents, contractors, cooperators and employees are permitted to enter the property on all of the above dates and until December 31, 2021, or until this permission is revoked, whichever occurs first. The property owner(s) may revoke this permission by presenting a written letter of revocation to the Board. The revocation is effective five (5) business days after receipt by the Board. Contract Number: K3177 3. Liability Waiver. The purpose of entry onto the property is to perform activities to eradicate and/or control Perennial Pepperweed and Common Reed. The property owner(s) expressly agree to hold harmless the Board, the Washington Department of Agriculture (WSDA), and the agents, contractors, cooperators and employees of the Board, or WSDA, and to waive any claim of liability against the Board, WSDA, and the agents, contractors, cooperators and employees of the Board, or WSDA, for any injury, damage, or harm which is the logical and intended consequence of activities properly performed to eradicate and/or control Perennial Pepperweed and Common Reed. The Board and its agents, contractors, cooperators and employees agree to waive any claim of liability against the landowner for any injury, damage, or harm which is not the consequence of the landowner's negligence. As to any other act or omission of either party under this agreement, each party shall be responsible for its own acts or omissions and those of its officers, employees and agents under this agreement. No party to this agreement shall be responsible to the other for the acts or omissions of entities or individuals not a party to this agreement. 4. Entire Agreement. This Permission to Enter Private Land and Waiver of Liability contains the entire agreement between the parties with regard to the matters set forth herein. 5. Applicable Law. This Permission to Enter Private Land and Waiver of Liability shall be construed and interpreted according to the laws of the State of Washington. BY THE SIGNATURE BELOW, THE PROPERTY OWNER(S) DECLARE THAT THE TERMS OF THIS PERMISSION TO ENTER PRIVATE LAND AND WAIVER OF LIABILITY HAVE BEEN COMPLETELY READ AND FULLY UNDERSTOOD AND VOLUNTARILY ACCEPTED AND EXPRESSLY WAIVE ANY CLAIM THAT THIS PERMISSION TO ENTER PRIVATE LAND AND WAIVER OF LIABILITY IS NOT FAIRLY AND KNOWINGLY MADE. Property Owner(s)/Legal Representative: Property Owner(s) Mailing Address: Street City County Zip Telephone Number(s): (PRINT)Name of property owner Signature of property owner Date (PRINT)Name of property owner Signature of property owner Date (PRINT)Name of property owner Signature of property owner Date (PRINT)Name of authorized representative, Signature of authorized representative, Date Mason County Noxious Weed Control Board Mason County Noxious Weed Control Board Contact information for the Mason County Noxious Weed Control Board: Pat Grover, (360)427-9670 X 592 303 N.4th Street Shelton,WA 98584 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Judge Goodell, Renee Cullop Action Agenda x Public Hearing DEPARTMENT: Therapeutic Courts Other EXT: 296 DATE: 10/6/2020 Agenda Item # 8.t2 Commissioner staff to com lete BRIEFING DATE: 9/28/2020 BRIEFING PRESENTED BY: Judge Goodell, Renee Cullop [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Therapeutic Court Part Time Casework/ FRC Expansion Grant Background: Under the SAMSHA FRC Expansion Grant we received an additional $53,000 (carry over from the 2019-2020 budget) for the 2020- 2021 grant cycle. We would like to utilize this funding to hire a part time caseworker. Budget Impacts: None 100% Grant Funded RECOMMENDED ACTION: Approval of posting and hiring of the above stated position. Attachment(s): MASON COUNTY AGENDA ITEM SUMMARY FORM o: Board of Mason County Commissioners From: Kell Rowen, Planning Manager Action Agenda Q Public Hearing ❑ Other ❑ Department: Community Services Ext: 286 Date: October 6, 2020 Agenda Item#g.Q> (Commissioner Staff To Complete) Briefing Date: September 28, 2020 Briefing Presented By: Kell Rowen [ ] Item Was Not Previously Briefed With The Board Please Provide Explanation Of Urgency ITEM: Set a public hearing on November 3, 202o at 9:15 a.m.to consider rezone of a 0.2 acre parcel from Village Commercial (VC)to Residential 2 (R-2)within the Allyn Urban Growth Area (UGA). BACKGROUND: This request by the property owner to rezone an undeveloped o.2-acre parcel on State Route 3 is for the future development of a detached residential garage.The Planning Advisory Commission voted 6-o to approve the application request after review of staff report and hearing testimony at their scheduled meeting on September 2s., 2020. Request is considered an amendment to the Development Regulations and not a change to the Comprehensive Plan. RECOMMENDED ACTION: Board of County Commissioners shall set a public hearing on November 3, 202o at 9:15 a.m.to consider the rezone request. ATTACHMENT(S): Notice of Hearing 9/30/2020 MASON COUNTY AGENDA ITEM SUMMARY FORM o: Board of Mason County Commissioners From: Kell Rowen, Planning Manager Action Agenda Q Public Hearing ❑ Other ❑ Department: Community Services Ext: 286 Date: October 6, 2020 Agenda Item #8,\L}- (Commissioner Staff To Complete) Briefing Date: September 28, 2020 Briefing Presented By: Kell Rowen [ ] Item Was Not Previously Briefed With The Board Please Provide Explanation Of Urgency ITEM: Set a public hearing on November 3, 2o2o at 9:a.5 a.m.to consider rezone of 16o acre parcel from Rural Residential 20 (RR2o)to Long Term Commercial Forest (LTCF) and rezone 159.38 acres from LTCF to RR20 within the Rural Area of Mason County BACKGROUND: This request by Port Blakely Tree Farm is to rezone 16o acres from RR20 to LTCF and rezone 159.38 acres from LTCF to RR20.The Planning Advisory Commission voted 6-o to approve the application request after review of staff report and hearing testimony at their scheduled meeting on September 21, 2020. Request is considered an amendment to the Future Land Use map and is a change to the Comprehensive Plan. RECOMMENDED ACTION: Board of County Commissioners shall set a public hearing on November 3, 202o at 9:3.5 a.m.to consider the rezone request. ATTACHMENT(S): Notice of Hearing 9/30/2020 MASON COUNTY AGENDA ITEM SUMMARY FORM o: Board of Mason County Commissioners From: Kell Rowen, Planning Manager Action Agenda Q Public Hearing ❑ Other ❑ Department: Community Services Ext: 286 Date: October 6, 2020 Agenda Item #6,\Gj (Commissioner Staff To Complete) Briefing Date: September 28, 2020 Briefing Presented By: Kell Rowen [ ] Item Was Not Previously Briefed With The Board Please Provide Explanation Of Urgency ITEM: Set a public hearing on November 3, 202o at 9:3.5 a.m.to consider rezone of 21.6 acres from Long Term Commercial Forest(LTCF)to In Holding (IH) lands and rezone 35.6 acres from IH to LTCF within the Rural Area of Mason County. BACKGROUND: This request by Green Diamond Resource Company is to rezone 21.6 acres from LTCF to IH and rezone 35.6 acres from IH to LTCF.The Planning Advisory Commission voted 6-o to approve the application request after review of staff report and hearing testimony at their scheduled meeting on September 21, 2020. Request is considered an amendment to the Future Land Use map and is a change to the Comprehensive Plan. RECOMMENDED ACTION: Board of County Commissioners shall set a public hearing on November 3, 202o at 9:3.5 a.m.to consider the rezone request. ATTACHMENT(S): Notice of Hearing 9/30/2020 NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold three public hearings from the Mason County Courthouse Building I, Commission Chambers, 411 North Fifth Street, Shelton, WA 98584 on Tuesday, November 3, 2020, at 9:15 A.M.These hearings will be held via Zoom, see below for details. SAID HEARINGS will be to consider adopting the following Development Areas amendment and two Comprehensive Plan/Future Land Use Map amendments (zoning): • Rezone a 0.2 acre parcel (12220-50-07008)from Village Commercial (VC) to Residential-2 in the Allyn Urban Growth Area. Future proposal is to construct a residential garage as an accessory use to parcel 12220-50-06009. • Rezone 21.6 acres from Long Term Commercial Forest (LTCF) (parcels: North portion of 62009-00-00000) to Inholding Lands (IH); and rezone 35.6 acres from IH to LTCF (parcels: 62008-11-00050 and western half of 62008-11-00010). • Rezone 160 acres from Rural Residential 20 (RR20)to Long Term Commercial Forest (LTCF) (parcels 41934-20-00010 and 41934-20-00000); and rezone 159.38 acres from LTCF to RR20 (parcels 41927-14-00000, 51912-10-00010, 52008-42-00000 and 52008-23-00000). If you have questions, please contact Kell Rowen (360) 427-9670, Ext. 286. For zoom information please see County's home page: https://www.co.mason.wa.us/or if special accommodations are needed, please contact the Commissioners' office, 427- 9670, Ext. 419. DATED this 6th day of October 2020 BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Clerk of the Board c: Journal-Publish 2x: October 22&29, 2020 (Bill: Community Development—615 W.Alder,Shelton, WA 98584) MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: David Windom Action Agenda x Public Hearing Other DEPARTMENT: MCCS EXT: DATE: Oct 6, 2020 Agenda Item #g,dlp Commissioner staff to complete) BRIEFING DATE: September 28, 2020 BRIEFING PRESENTED BY: David Windom [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Consolidated Contract Signature Authority Background: Gives signature authority for signing amendments to the consolidated contract to the Director of Community Services for the duration of the COVID-19 response in order to reduce turnaround times for small contract amendments. Budget Impacts: Improves county response times to budget adjustments. RECOMMENDED ACTION: Approve resolution Attachment(s): Resolution Resolution A Resolution authorizing the Community Services Director to approve and sign certain Contract Amendments WHEREAS, The Department of Community Services enters into the State Department of Health known as the Consolidated Contract(ConCon) biannually to execute various grant deliverables and to assist partners in achieving the goals of Mason County and, WHEREAS, Amendments to the ConCon are issued from time to time as programs change and funding levels change and, WHEREAS, Amendments to the ConCon arrive on very short notice with a short turnaround time and, WHEREAS, Funding levels are generally small, in many cases the amount being addressed is smaller than the cost of staff time to move the contracts through the briefing and Commission process and, WHEREAS, Contracts are passed through the Prosecutors' Office for legal review and Amendments do not change the base of the contract and, WHEREAS, Allowing the Mason County Community Services Director to sign certain contract amendments shortens the turn-around time in the signature process and, WHEREAS, Amendments will be briefed to the Board of County Commissioners at the next regularly scheduled briefing and, NOW,THEREFORE BE IT RESOLVED by the Board of Mason County Comissioners to authorize the Mason County Community Services Director to approve and sign amendments to the ConCon that do not add new programs through the end of the COVID-19 ressponse. Adopted this day of October, 2020. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY, WASHINGTON McKenzie Smith, Clerk of the Board Sharon Trask, Chair Kevin Shutty, Commissioner APPROVED AS TO FORM: Randy Neatherlin, Commissioner Tim Whitehead, Chief DPA MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS t From: Daniel Goodell, Judge Action Agenda x Public Hearing Other DEPARTMENT: Superior Court/Therapeutic Court EXT: 206 DATE: 10/6/2020 Agenda Item # 8,t�- (Commissioner staff to complete) BRIEFING DATE: 9/28/2020 BRIEFING PRESENTED BY: Daniel Goodell [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval of Professional Services Contract with NW Recourses II for a Certified Peer Counselor Background: There is a need to enhance the peer workforce as it relates to the Mason County Superior Court's Therapy Court programs and other programs such as Jail Re-entry and MAT Re-entry programs. There is a gap in the current behavioral health system in providing trained peer support for those engaged in the Therapy Court and Re-entry Programs. This gap in services relates to graduates from the programs who re-enter society without the structure and support previously provided by the programs. Currently,there is no consistent and ongoing program as successful participants' transition into society. This lack of support can lead to a reengagement in activity that led to a participant's involvement in criminal activity and result in an increase in recidivism. The support that currently exists does not always include someone with the appropriate training and has lived experience who can better relate to and support the participants after they graduate from a program and re-enter society. An opportunity was presented through the Criminal Justice Treatment Act(CJTA) for supplemental funding to deal with this issue. The County CJTA Panel approved this use of the funds and the proposal was approved by CJTA funding. In order to'implement this program, the Commissioners need to approve a contract, which has been drafted and proposed. Budget Impacts: None, the Contract Value of$20,500 will be paid through CITA funds. RECOMMENDED ACTION: Approve the proposed contract with NW Resources H. NOTE., THE PROPOSED CONTRACT WAS AMENDED FROM LAST SUBMISSION TO MODIFY COUNTY CONTACT/ADMINISTRATION IN ACCORDANCE WITH THE PREVIOUS BRIEFING AND TO CLARIFY THE BILLING/AMOUNT OF MONTHL Y PA YMENTS(page 3 "Payment"paragraph and page 13 "Financial Invoice and Reporting Schedule'. Attachment(s): Proposed Contract i I. MASON COUNTY PROFESSIONAL SERVICES CONTRACT CONTRACT# THIS CONTRACT is made and entered into by and between Mason County, hereinafter referred to as COUNTY and Northwest Resources II, hereinafter referred to as"CONTRACTOR." Contracted Entity Northwest Resources II Address 2708 Westmoor Ct. SWI City, State, Zip Code Olympia, WA 98506 Phone 360-943-8810 Primary Contact Name, Title Dennis Neal I Primary Contact Phone & E- 360-701-5854; nwrii@h6tmall.com mail Contractor Fiscal Contact Contractor Fiscal Phone & Email Washington State UBI# 601-619-511 Federal EIN 91-1678289 Total Award/Contract Value $20,500.00 I Contract Term Duration October 6, 2020 -June 30, 2021 County Contract Contact Frank Pinter, Support S rvices Director County Contract Email & FPinter co.mason.wa. s 360-427-9670 ext 530 Phone Contract Fiscal Contact Renee Cullo , Program Manager Contract Fiscal Email & ReneeC(a),co.mason.wa us 360-427-9679, ext. 296 Phone PURPOSE The purpose of this contract/grant is to assist the COUNTY in the support of individuals within Mason County that are experiencing a Substance Use Disorder and/or Mental health issues and are subsequently navigating the local criminal justice system by providing the services of a Certified Peer Counselor. 'COUNTY and CONTRACTOR, as defined above, acknowledge and accept the terms of this contract and EXHIBITS and have executed this contract on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this contract are governed by this contract including Special Conditions, General Terms and Conditions, and Exhibits. CONTRACTOR BOARD OF COUNTY COMMISSIONERS MASON CC UNTY, WASHINGTON Agency Name j Sharon Trask, Chair i i Authorize Signature Date APPROVED AS TO FORM: Print Name &Title Tim Whitehead, Chief DPA Professional Services Contract(rev 09%2020) Page 1 i Date Special Conditions CONTRACTOR agrees to the following: The award of funds dos not guarantee that the CONTRACTOR will receive funding if special conditions are not met. The following documents are requirements and must be received within 30 days of contract aZd starting date for the CONTRACTOR to submit an invoice and receive funding. i 1. CONTRACT REQUIREMENTS to receive funding: a. Certificate of Insurance (see requirements Exhibit B) b. Organizational Chart c. Program Policies and Procedures d. Job Description of Certified Peer Counselor provided pursuant to the CONTRACT. Funding Source: CJTA Supplemental Funding General Terms and Conditions Scope of Services: , CONTRACTOR agrees to provide COUNTY all services and any materials as set forth as identified in Exhibit A SCOPE OF SERVICES during the CONTRACT period. No material, labor or facilities will be furnished by COUNTY, unless otherwise provided for in the CONTRACT. Term: Services provided by CONTRACTOR prior to or after the term olf this CONTRACT shall be performed at the expense of CONTRACTOR and are not compensable under this CONTRACT unless both parties hereto agree to such provision in writing. The term of this CONTRACT may be extended by mutual consent of the parties; provided, however, that the CONTRACT is in writing and signed by both parties. I Extension: The duration of this CONTRACT may be extended by mutual wr'i'itten consent of the parties, for a period of up to one year, and for a total of no longer than three years. Independent Contractor: CONTRACTOR's services shall be furnished by the CONTRAC OR as an independent contractor, and nothing herein contained shall be construed to create a rel tionship of employer-employee. All payments made hereunder, and all services performed shall be Imade and performed pursuant to this CONTRACT by the CONTRACTOR as an independent contractor. CONTRACTOR acknowledges that the entire compensation for this CONTRACT is the Award/Contract Value of TWENTY THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($20,500.00), and the CONTRACTOR is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of COUNTY. The CONTRACTOR represents that he/she/it maintains a separate place of business, serves clients other than COUNTY, will report all income and expense accrued under this CONTRACT to the Internal Revenu16 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 be responsible for and will pay all taxes related to the receipt of payments from the COUNTY: CONTRACTOR will defend, indemnify and hold harmless COUNTY, its officers, agents or employees from any loss or expense, including, but not limited to, settlements,judgments, setoffs, attorneys'fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. Professional Services Contract(rev 09/2020) � �~ �� Page 2 Payment: COUNTY will pay CONTRACTOR the total CONTRACT Award/Contract Value of TWENTY THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($20,500.00) over the term of the CONTRACT on a monthly, pro rata basis, with monthly paymen�s of$2,277.77 per month commencing with the first payment due on October 31, 2020, a d payable on a monthly basis on or before the end of each month thereafter, with the final paymentTf the outstanding balance to be paid on or before June 30, 2021. CONTRACTOR will remit invoices I6y the 15th of each month commencing on October 15, 2020. All payments are conditioned upon the CONTRACTOR remaining in compliance with the terms of this CONTRACT. Payment Information: CONTRACTOR agrees to complete or make sure a current Vendor Payment Form is on file providing the COUNTY with all information necessary to correctly issue such payments. If CONTRACTOR fails to provide such information in response to the COUNTY'S written request, then the COUNTY may withhold payments to CONTRATOR until CONTRATOR provides such information. Budget: CONTRACTOR further agrees that funds provided under this CONTRACT will be expended only for the services provided in accordance with Exhibit A. { I Duplicate Payment: The COUNTY shall not pay CONTRACTOR, if the CONTRACTOR has charged or will charge any other party under any other Grant, subgrant/subcontract, or agreement, for the same services or expenses. If it is determined that CONTRACTOR has received duplicate payment, the CONTRACTOR must pay back the COUNTY for these expenses. Recordkeeping: CONTRACTOR agrees to keep records in an easily read form sufficient to account for all receipts and expenditures of contract funds. These records, as well as supporting documentation, will be archived by the CONTRACTOR'S office for at least six (6) years after the end of the contract. CONTRACTOR agrees to make such books, records, and suppiorting documentation available to the COUNTY for inspection when requested. Reporting and Other Contract Requirements: CONTRACTOR agrees to participate in a year-end review and report in order to assess the success of the program in achieving the identified goals. Withholding Payment: In the event the CONTRACTOR has failed to perform any obligation under this CONTRACT within the times set forth in this CONTRACT, then COUNTY may, upon written notice, withhold from amounts otherwise due and payable to CONTRACTOR, without penalty, until such failure to perform is cured or otherwise adjudicated. Withholding under this clause shall not be deemed a breach entitling CONTRACTOR to termination or damages, provided that COUNTY promptly gives notice in writing to the CONTRACTOR of the nature of the default or failure to perform, and in no case more than ten (10) days after it determines to withhold amounts otherwise duel. A determination of the Administrative Officer set forth in a notice to the CONTRACTOR of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the CONTRACTOR acts within the times and in strict accord with the provisions of the Disputes clause of this CONTRACT. COUNTY may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the CONTRACT,to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the 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 Professional Services Contract(rev 09/2020) �� Page 3 i clause, no penalty or damages shall accrue to CONTRACTOR by reason of good faith withholding by COUNTY under this clause. Taxes: CONTRACTOR understands and acknowledges that COUNTY will not withhold Federal or State income taxes. Where required by State or Federal law, the C014TRACTOR authorizes COUNTY to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the CONTRACTOR will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the CONTRACTOR to make the necessary estimated tax payments throughout the year, if aiy, and the CONTRACTOR is solely liable for any tax obligation arising from the CONTRACTOR's performance of this CONTRACT. The CONTRACTOR hereby agrees to indemnify COUNTY against any demand to pay taxes arising from the CONTRACTOR's failure to pay taxes on compensation earned pursuant to this CONTRACT. COUNTY will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The CONTRACTOR must pay all other taxes, including; but not limited to, Business and Occupation Tax, taxes based on the CONTRACTOR's gross orinet income, or personal property to which COUNTY does not hold title. COUNTY is exempt from Federal Excise Tax. No Guarantee of Employment: The performance of all or part of this CONTRACT by the CONTRACTOR shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of CONTRACTOR or any employee of CONTRACTOR or any sub-contractor or any employee of any sub-contractor by COUNTY now or in the future. Intellectual Property: CONTRACTOR shall retain all copyrights and other intellectual property rights to written work produced because of this award, including but not limited to, work product listed in SCOPE OF SERVICES. CONTRACTOR grants to COUNTY a nonexclusiv , irrevocable, perpetual, and royalty- free license to access, reproduce, publish, copy, or otherwise use such written work. Program materials may be reproduced (but not morphed, amended, revised, or redesigned) by any other party, on a worldwide, non-exclusive basis and without fee in connection with their own educational or program purposes, but may not be used in connection with sales or distribution for profit. The owner must approve any use of project materials not specifically permuted under this provision, in advance and in writing. As appropriate, all materials shall contain an attribution of ownership. Third-Party Rights: CONTRACTOR warrants that written work product(s) produced under the terms of this CONTRACT will not infringe, misappropriate, or violate the rights of any third party, or incorporate or be derived from the intellectual property of any third party, without the COU NTY'S prior written consent. Audit Provisions and Non-Compliance: Throughout the course of the CONTRACT term, the COUNTY will monitor compliance with contract .requirements outlined in Exhibit A Scope of Services. If the COUNTY, a) encounters non-compliance with the terms outlined in the CONTRACT on the part of the CONTRACTOR, or(b) is not satisfied, in its sole discretion, with the quality of CONTRACTOR'S work, the COUNTY will follow to make a reasonable attempt to assist CONTRACTOR with technical assistance to resolve issues that impede quality and compliance. If compliance and/or quality issues are not resolved through standard technical assistance, or reasonable efforts to provide such assistance, the COUNTY may terminate the CONTRACT as set forth below. Contract Close out: Final payment is contingent upon the CONTRACTOR'S compli Ince with the terms of the CONTRACT throughout the Contract Term Duration. j Early Termination: Professional Services Contract(rev 09/2020) Page 4 I The COUNTY may terminate the contract prior to the end of the Contract Term Duration if satisfactory compliance is not reached after reasonable efforts have been made to restore compliance, as outlined above. In the case of such termination, the COUNTY is not obligated to make any further payments under the CONTRACT. Termination for Default: If CONTRACTOR defaults by failing to perform any of the oblig tions 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. i 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 E hall be entitled to payment for actual work performed in compliance with Exhibit A-SCOPE OF SERVICES. An equitable adjustment in the CONTRACT price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this CONTRACT by COUNTY at any time during the term, whether for default or convenience, shall not constitute breach of CONTRACT by COUNTY. i Termination for Reduced Funding: COUNTY may terminate this CONTRACT in whole or in part shpuld COUNTY determine, in its sole discretion, that such termination is necessary due to a decreasq 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. Disputes: 1. Differences between the CONTRACTOR and COUNTY, arising under and by virtue of the AGREEMENT shall be brought to the attention of COUNTY at the earliest possible time in order that such matters may be settled, or other appropriate action promptly taken. For objections that are not made in the manner specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. 2. The CONTRACTOR shall not be entitled to additional compepsation which otherwise may be payable, or to extension of time.. j 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 de t rmined 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�ny other group having similar -f Professional Services Contract(rev 09/2020) Page 5 l I I I 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 pry-award interest, but shall not have the power to award punitive damages. The decision of the arbit-ator shall be final and binding and an order confirming the award or judgment upon the award may be entered,in any court having jurisdiction. The parties agree that the decision of the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the request of either party made not later than forty-five (45) days after the arbitration demand, the parties agree to submit the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided, that either party may decline to mediate and proceed with arbitration. Any arbitration proceeding commenced to enforce or interpret tl�,is CONTRACT shall be brought within six (6)years after the initial occurrence giving rise to the claim, dispute or issue for which arbitration is commenced, regardless of the date of discovery or whether the claim, dispute or issue was continuing in nature. Claims, disputes or issues arising more than six (6)years prior to a written request or demand for arbitration issued under this Agreement are not subject to arbitration. I 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 co 1 ditions, 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 orlmechanic 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. Assignment and Subcontracting: The performance of all activities contemplated by this CONTRACT shall be accomplished by CONTRACTOR. No portion of this CONTRACT may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of COUNTY. If subcontracting approved, CONTRACTOR is responsible to COUNTY should the subcontractor fail to comply with any applicable term or condition of this contract. CONTRACTOR s&I audit and monitor the activities of the subcontractor during the contract term to assure fiscal conditions and performance metrics are met. COUNTY will be included on any audit or monitoring activities and reports. 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.1 The notification of COUNTY shall be made with sufficient specificity to enable COUNTY to make an i formed 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 toy remove the conflict of interest. COUNTY may also terminate this CONTRACT according to the provisions herein for termination. Non-Discrimination in Employment: COUNTY's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran)status. CONTRACTOR shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a boa fide occupational qualification. Professional Services Contract(rev 09/2020) Page 6 it 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 fo�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-co tractor, 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 veteranjistatus; 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/ er/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 Noncom petition: CONTRACTOR irrevocably waives any existing rights which it may have, by contract or otherwise, to require another person or corporation to refrain from submitting a proposal to or performing work or providing supplies to COUNTY, and CONTRACTOR further promises that it will not in the future, directly or indirectly, induce or solicit any person or corporation to refrain from submitting a bid or proposal to or from performing work or providing supplies to COUNTY. 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 onj 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. I 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. I Confidentiality: CONTRACTOR, its employees, sub-contractors, and their employees shall maintain the confidentiality of all information provided by COUNTY or acquired by CONTRACTOR in performance of this CONTRACT, except upon the prior written consent of COUNTY or an order entered by a court after having acquired jurisdiction over COUNTY. CONTRACTOR shall immediately give to COUNTY notice of any judicial proceeding seeking disclosure of such information. CONTRACTOR shall indemnify and hold harmless COUNTY, its officials, agents or employees from all loss or expense, including, but not limited to, settlements,judgments, setoffs, attorneys'fees and costs resulting from CONTRACTOR's breach of this provision. 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, Professional Services Contract(rev 09/2020) Page 7 i i 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 rrogram 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. I Insurance Requirements: At a minimum, CONTRACTOR shall provide insurance that me ts or exceeds the requirements detailed in "Exhibit B-Insurance Requirements." Insurance as a Condition of Payment: Payments due to CONTRACTOR under this CONTRACT are expressly conditioned upon the CONTRACTOR's strict compliance with all insurance requirements under this CONTRACT. Payment to CONTRACTOR shall be suspended in the event of non-compliance. Upon receipt of evidence of full compliance, payments not otherwise subject to withholding or set-off will be released to CONTRACTOR. 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 his 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 he-ein with reference to this paragraph.- Failure of CONTRACTOR to fulfill such a commitment shall render er CONTRACTOR liable for damages to COUNTY. A commitment includes, but is not limited to, any r Bpresentation made prior to execution of this CONTRACT, whether or not incorporated elsewhere herE in.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 upe resulting there from)which 1) are caused in whole or in part by any act or omission, negligent or otherwise, of the CONTRACTOR, its employees, agents or volunteers or CONTRACTOR's subcontractors and their employees, agents or volunteers; or 2) are directly or indirectly arising out of, resulting from, or in connection with performance of this CONTRACT; or 3) are based upon CONTRACTOR's or its subcontractors' use of, presence upon or proximity to the property of COUNTY. This indemnification obligation of CONTRACTOR shall not apply in the limited circumstance where the claim, damage, loss or expense is caused by the sole negligence of COUNTY. This indemnification obligation of the CONTRACTOR shall not be limited in any way by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and the CONTRACTOR hereby expressly waives any immunity afforded by such acts. The I Professional Services Contract(rev 09/2020) Page 8 i foregoing indemnification obligations of the CONTRACTOR are a material inducement to COUNTY to enter into this CONTRACT, are reflected in CONTRACTOR's ccllmpensation, and have been mutually negotiated by the parties. Participation by County— No Waiver. COUNTY reserves the right, but not the obligation, to participate in the defense of any claim, damages, losses or expenses and uch 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 ,nters into subcontracts to the extent allowed under this CONTRACT, CONTRACTOR's subcontractors shall indemnify COUNTY on a basis equal to or exceeding CONTRACTOR's indemnity obligati ons to COUNTY. Compliance with Applicable Laws, Rules and Regulations: This CONTRACT shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, political subdivisions of the State of Washington and Mason County. CONTRACTOR also agrees to comply with applicable Federal, State, County or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. Conflict of Interest Notwithstanding, any determination by the Executive Ethics Bo9rd or other tribunal, the COUNTY may, in its sole discretion, by written notice to CONTRACTOR terminate this contract if it is found after due notice and examination by the COUNTY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW or any similar statute involving CONT ACTOR, or any activities performed pursuant to the contract. Unilateral Contract Changes The CONTRACTOR acknowledges that the COUNTY may corr ct typographical errors, numbering errors or other minor grammar or punctuation error without the deed to amend the agreement. The CONTRACTOR shall be notified when any correction take place' and will be provided with a corrected copy of the contract. Contract Monitoring and Program Review CONTRACTOR will permit Mason County staff to visit CONTRP CTOR'S premises and review CONTRACTOR'S activities with respect to the program, and will permit the COUNTY at its own expense, to conduct an independent financial and/or programmatic audit of the expenditures related to this contract. .Administration Contract: COUNTY hereby appoints, and CONTRACTOR hereby accepts, the Mason County's Community Services Director 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: Frank Pinter, Support Services Director Mason County Support Services 411 N 5th Street Shelton, WA 98584 Phone: 360-427-9670 Ext. 530 E-mail: FPinteraco.mason.wa.us Professional Services Contract(rev 09/2020) Page 9 I i i Financial Contact: Renee Cullop, Program Manager Mason County Therapeutic Courts P.O. Box"X" 419 N 4th Street Shelton, WA 98584 Phone: 360-427-9670 ext. 296 Email: ReneeC@co.mason.wa.us Notice: Except as set forth elsewhere in the CONTRACT, for all purpos s under this CONTRACT except service of process, notice shall be given by CONTRACTOR to dOUNTY's Administrative Officer under this CONTRACT. Notices and other communication ray be conducted via e-mail, U.S. mail, fax, hand-delivery or other generally accepted manner including delivery services. Modifications: Either party may request changes in the CONTRACT. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this CONTRACT, the venue of such action of litigation shall be in the courts of the State of Washington and Mason County. Unless otherwise specified he ein, this CONTRACT shall be governed by the laws of Mason County and the State of Washirigton. 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. I 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 exceptby 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. Special Conditions C. General Terms & Conditions D. Exhibit B Insurance Requirements E. Exhibit A. Entire Contract: 1 This written CONTRACT, comprised of the writings signed or otherwise identified and attached hereto, represents the entire CONTRACT between the parties and supersedes any prior oral statements, discussions or understandings between the parties. k Professional Services Contract(rev 09/2020) Page 10 i EXHIBIT A SCOPE OF SERVICE Proaram Expectations -Provide mentorship/case management to therapeutic court participants to help increase graduation rates.(Peer/Case manager) -Provide mentorship/case management to therapeutic court graduates as they transition out of the therapy court program. (Peer/Case manager) -Provide general case management for individuals released from Mason County jail (Peer/Case manager) -Provide case management for individuals being release from Mason County jail that are a part of the MAT program (Peer/Case manager) -Connect with Therapeutic court staff for referrals and care coordination (Peer/Case manager) -Connect with criminal justice entities (i.e. public defender's office, law enforcement, LEAD program) for referrals and care coordination (Peer/Case manager) -Connect with jail peer and mental health provider for referrals land care coordination (Peer/Case manager) -Work in partnership with established NWR SOS program to provide case management for individuals experiencing Substance Use Disorder(Peer/Case manager) -Work with Olympic Health and Recovery Services and Mason C� unty Public Health to explore sustainability of peer position by June 2021 (NWR managements i Oreanization Overview: Northwest Resources Northwest Resources Il, Inc. is a behavioral health organization serving residents of Thurston and Mason Counties in Washington State. NWRII programs and services include: Inpatient and Outpatient Substance Use Disorder Treatment, Outpatient Mental Health Treatment, Psychiatric Medication Management, Intensive Case Management, Care Coordination,o Housing Case Management and Jail Re-Entry Case Management. Northwest Resources II (NWRII) has been providing SubstanceiAbuse/Chemical Dependency Treatment Services in Thurston County since 1993 and in Mason County since (1995). NWRII has been providing Mental Health Treatment services in Thurston and Mason Counties since (2016). NWRII provides inpatient and outpatient chemical dependency treatment in Mason County, as well as outpatient mental health treatment. NWRII provides outpatient chemical dependency and mental health treatment at 3 different branch site locations in Thurston ounty. NWRII has approximately 64 employees in Thurston and Maso Counties providing treatment services. It has 5 branch sites (inpatient/outpatient chemical dependency treatment and outpatient mental health treatment- Shelton; Supportive Outreach Service Shelton; outpatient chemical dependency and mental health treatment- 3 sites in Olympia). NWRII Chemical Dependency/Mental Health Counselors and Case Managers are cross trained to pro ide coverage when someone is on leave (vacation/sick). NWRII also employ staff in a Floater posi ion to cover positions when individuals are out. _ Professional Services Contract(rev 09/2020) Page 11 ' r Northwest Resources II, Inc.s mission statement: With an unyi (ding commitment to provide clinical excellence, extraordinary service and compassionate care to individuals and families. NWRII's staff is all trained to provide services in this manner. We have the capahity to help uninsured individual's access insurance and offer a sliding scale fee schedule to thosa who are uninsured / underinsured. Our sliding scale fee aligns with current Federal poverty guidelines. Identified Problem: There is a need to enhance the peer workforce as it relates to the Mason County Superior Court's Therapy Court programs and other programs such as Jail Re-entry and MAT Re-entry programs. There is a gap in the current behavioral health system in providing g trained peer support for those engaged in the Therapy Court and Re-entry Programs. This gap in services relates to graduates from the programs who re-enter society without the structure and support previously provided by the programs. Currently, there is no consistent and ongoing prograijn as successful participants transition into society. This lack of support can lead to a reengagement in Inactivity that led to a participant's involvement in criminal activity and result in an increase in recidivism. The support that currently exists does not always include someone with the appropriate trailing and has lived experience who can better relate to and support the participants after they graduate fr m a program and re-enter society. Program Title and Description: Peer Case Management and Ivientorship Program- This program will focus on supporting individuals within Mason County that are experiencing Substance Use Disorder and/or Mental health issues and are subsequently navigating the local criminal justice system. As time and availability will permit, this program will also look to support individuals within Mason County that are experiencing behavioral health issues that are not navigating the local criminal justice system. The Certified Peer ounselor(CPC) that will help run this program will be working with and mentoring Therapeutic court participants, individuals that are re- entering the community from the Mason County Jail as well as ther individuals that are referred from any other criminal justice entity. This position will look to connect with other peers, case managers and local agencies working within the current Mason County Behavioral Health response system to better support individuals on their path to recovery and by doing so, will contribute to a reduction in recidivism. Program Goals i -Work with 20 therapeutic court participants over the life of the grant -Work with 100 individuals from the Mason County jail (non-MAT) -Work with 20 individuals from the Mason County jail (MAT) -Have a caseload of+/-15 clients per month -Work with established NWR SOS program to support current plrogram Fiscal and Programmatic Reporting All COUNTY provided templates must be used and not modified without the expressed, written permission from the COUNTY. The COUNTY has the right to change the reporting requirements at any time. i Professional Services Contract (rev 09/2020) Page 12 I i Financial Invoice and Reporting Schedule 1. Monthly Financial Invoice and Line Item Reports: a. All invoices and reports must be accurate, complete and received to a satisfactory level before invoices will be processed. b. The county has one to two vendor payment dates each month. The due dates and payment dates vary each month. If the first due date is missed, and all invoices and reports are satisfactory, the invoice will be processed on the next endor cycle. For a list of vendor paym'ent due dates, CONTRACTOR may contact the financial assistant for Mason County Community Services. 2. CONTRACTOR will submit monthly accounting indicating number of participants in the program designating participants in the therapeutic court, the Mason C unty Jail (non-MAT) and Mason County Jail (MAT). i J i i Professional Services Contract(rev 09/2020) �� Page 13 I i i EXHIBIT B INSURANCE REQUIREMENTS A. MINIMUM Insurance Requirements: 1. Commercial General Liability Insurance using Insurance Service Office "Commercial General Liability" policy form CG 00 01, with an edition date prior to 2004, or the exa:t equivalent. Coverage for an additional insured shall not be limited to its vicarious liability. Defense costs must be paid in addition to limits. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. 2. Workers' Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits for CONTRACTOR's, with two (2) or more employees and/or volunteers, no less than $1,000,000 per accident for all covered losses. 3. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including owned, non-owned and hired autos, or the exact equivalent. Limits shall be no less than $1,000,000 per accident, combined single limit. If CONTRACTOR owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If CONTTRACTOR 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. B. Certificate of Insurance: A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to COUNTY within five (5) days of CONTRACT execution. C. Basic Stipulations: 1. CONTRACTOR agrees to endorse third party liability coverage required herein to include as additional insureds COUNTY, its officials, employees and agents, using ISO endorsement CG 20 10 with an edition date prior to 2004. CONTRACTOR also agrees to require all contractors, subcontractors, and anyone else involved in this CONTRACT on behalf of the CONTRACTOR (hereinafter"indemnifying parties")to comply with these provisions. i 2. CONTRACTOR agrees to waive rights of recovery against COU J TY regardless of the applicability of any insurance proceeds, and to require all indemnifying parties to do likewise. 3. All insurance coverage maintained or procured by CONTRACTOR or required of others by CONTRACTOR pursuant to this CONTRACT shall be endorsed to Delete the subrogation condition as to COUNTY or must specifically allow the named insured to waive subrogation prior to a loss. 4. All coverage types and limits required are subject to approval, modification and additional requirements by COUNTY. CONTRACTOR shall not make any reductions in sco e or limits of coverage that may affect COUNTY's protection without COUNTY's prior written consent. 5. CONTRACTOR agrees to provide evidence of the insurance req ilred herein, satisfactory to COUNTY, consisting of: a) certificate(s) of insurance evidencing all of the cov rages required and, b) an additional insured endorsement to CONTRACTOR's general liability policy us ng Insurance Services Office form CG 20 10 with an edition date prior to 2004. CONTRACTOR agrees, u on request by COUNTY to provide complete, certified copies of any policies required within 10 days of such request. COUNTY has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests. Any premium so paid by COUNTY shall be charged to and promptly paid by CONTRACTOR or deducted from sums due CONTRACTOR. Any actual or alleged failure on the part of COUNTY or any other additional insured under these requirements to obtain proof of insurance required under this CONTRACT in no way waives any right or remedy of COUNTY or any additional insured, in this or in any other regard. Professional Services Contract(rev 09/2020) _-T Page 14 u i 6. It is acknowledged by the parties of this CONTRACT that all inSL rance coverage required to be provided by CONTRACTOR or indemnifying party, is intended to apply first nd on a primary non-contributing basis in relation to any other insurance or self-insurance available to COUNTY. 7. CONTRACTOR agrees not to self-insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self-insure its obligations to COUNTY. If CONTRACTOR's existing coverage includes a self-insured retention, the self- insured retention must be declared to the COUNTY. The COUNTYImay review options with CONTRACTOR, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. 8. CONTRACTOR will renew the required coverage annually as lor g as COUNTY, or its employees or agents face an exposure from operations of any type pursuant to tt is 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 eff act. 9. The limits of insurance as described above shall be considered s minimum requirements. Should any coverage carried by CONTRACTOR or a subcontractor of any tier maintain insurance with limits of liability that exceed the required limits or coverage that is broader than as outlined above, those higher limits and broader coverage shall be deemed to apply for the benefit of any person or organization included as an additional insured and those limits shall become the required mini I um limits of insurance in all Paragraphs and Sections of this CONTRACT. 10. None of the policies required herein shall be in compliance Witt these requirements if they include any limiting endorsement that has not been first submitted to COUNTY and approved of in writing. 11. The requirements in this Exhibit supersede all other sections and provisions of this CONTRACT to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit. 12. Unless otherwise approved by COUNTY, insurance provided pursuant to these requirements shall be by insurers authorized to do business in Washington and with a minimum A.M. Best rating of A:VII. 13. All insurance coverage and limits provided by CONTRACTOR and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this CONTRACT limits the application of such insurance coverage. 14. CONTRACTOR agrees require insurers, to provide notice to COUNTY thirty (30) days prior to cancellation of such liability coverage or of any material alteration¢r non-renewal of any such coverage, other than for non-payment of premium. CONTRACTOR shall ass re that this provision also applies to any subcontractors,joint ventures or any other party engaged by or on behalf of contractor in relation to this agreement. Certificate(s) are to reflect that the issuer will provide thirty h (30) days' notice to COUNTY of any cancellation of coverage. 15. COUNTY reserves the right at any time during the term of the CONTRACT to change the amounts and types of insurance required by giving the CONTRACTOR ninety (9b) days advance written notice of such change. If such change results in substantial additional cost to the bONTRACTOR, the COUNTY and CONTRACTOR may renegotiate CONTRACTOR's compensation. 16. Requirements of specific coverage features are.not intended as limitation on other requirements or as waiver of any coverage normally provided by any given policy. Specific reference to a coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all-inclusive. 17. CONTRACTOR agrees to provide immediate notice to COUNTY of any claim or loss against CONTRACTOR arising out of the work performed under this agreement. COUNTY assumes no obligation or liability by such notice but has the right(but not the duty)to monlitor the handling of any such claim or claims if they are likely to involve COUNTY. Professional Services Contract(rev 09/2020) Page 15 I MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Mike Collins, PE, PLS, County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: October 6, 2020 Agenda Item # 0. BRIEFING DATE: August 3, 2020 BRIEFING PRESENTED BY: Loretta Swanson / Mike Collins [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Blue Heron Condominium Association Franchise application - Hearing BACKGROUND: Blue Heron Condominium Association has applied for a Franchise Agreement with Mason County to cover their sewer transport line that was installed within the county road right of way early in the 1970's. The sewer transport line is located along the east side of Orre Nobles Road and underneath Dalby Road between parcel number 32104-75-90013 and parcel number 32104-22-000020. (See attached map). RECOMMENDED ACTION: Recommend the Board approve the franchise agreement application between Mason County and Blue Heron Condominium Association granting permission to have their existing utility line under and along Orre Nobles Road and under and across the Dalby Road. Attachments: 1. Franchise Agreement/location map (Exhibit B) 'IN THE.MAT:TER OF THE APPLICATION OF BLUE HERON CONDOMINUM ASSOCIATION :FOR A FRANCHISEARNIIT TO CONSTRUCT,OPERATE;.AND MAINTAIN SEWER.UTILITY FACILITIES, OVER,ALONG AND UNDER COUNTY ROADS AND:HIGHWAYS LOCATED IN MASON.COUNTY WASHINGTON Application of(Name of Qperator)NW.Cascade Flo Hawks, doing business in Washington as Flo Hawks Plumbing and Septic_ with,its:principol o$ices.,located.at P.O BOX73399;'PUallu�WA 98373; by.andthrough:(person autlsorized to:aci for and on belies f of applicant)Carl Evanson, for a.francli"se..to;'construct,.ope a o andxtiaintain(description oftyp..e) sev,>er utility. facilities in,aver,.along::and undei couptyroads and,hipways in.Masoii Chanty;Washington,:as y:. set.fQrth iri attached Exhibit"B"`( ranchnse Area);having come on regularly for hearing before the County Commissioners of Mason County;Washington;.on the: day of 20 ,at the hour:of ,under-the provisions of P M36.55,RM'S0.32.010 and RCW 80:3&640,Aad.lt appearing to the Board that:notice of said hearing has been duly'given as. required by law;:and that;it is;.in the publ ic interest to allow the franchise;liereii granted; NOW THEREFORE,IT IS:ORDERED that.a non.-exclusive franclii.se.be,andthe saime::is hereby gzven and grarited.to Operator,and its successors and referred.to as the Fraicliisee;'for a penod o f. 1.0 years vcnth automat c renewal at;the end.,of each,terni of 10:years. unless.either party gives the'other written notice of termination at.least 30:days.prior to the end of:the:relevantaerm..(no-more than ten years each:term.and can:only be:xenewed 3 times),from and,after"the:date of.the entry of this order fez the puzposes,.at the.location(s),;and upon the express;terms:and.cbnditioris as descab A herein. T: DEFINITIONS. For:the purposes of this franchise,terms,phrases,Words; and theiz derivations.not.defined..hereiri: that are defined In Title 12 of the Mason Comity Code or._the Manual on.Accop=odating Utilities: m the Mason CountyRight of Way published by the County'Engineer(the"Manual"),shall have the same meanuig or be interpreted:as provided in Title 12:of the Mason County Code or the: ManiiaL words not defined here,in Title 12 of the.;Mason County`Code or the:Manual shall.have their ordinary.meaning.: A:reference to'title 12 of the Mason County Code.or:the IYTauual refers to:the same as maybe amended,revised;:updated,reenacted or re-codified from time:to time. II. GRANT The County of Mason hereby grants to the Frasichisee,a non-exclusive franchise which,once it becomes effective shall authorize the Franchisee.to enter,upon the road rights-of way located: i. within the Franchise Area identified in.attached Ex.hibit"B",.,for the purpose:of iris...:. ... g;. �maitaiririing;repauiizg,replac in constructing, g,adju sting, relocating and,operating the utility fciiities,which gratm . escbed.prpose(s} SEWER! Such.grant.is subject to and.must be,.exercised.in.strict accordance with and subject°to this .franchise, Title 12. of the;:Mason County Code; the. Manual. and all..applicab]e.laws, rules;_ regulations and ordinances: Fzanchisee's exercise-of anyrights granted pursuant to the.frauchise: is.subject to:the.exercise:of.the.County's police pov�iers; and:other regulatory powers as'it may have or obtaiin in the future. No rights shall pass to the franchisee.liy implication. This franchise does not includepermissibitto enter into or.;upon.the road rights=of-.W4y:for any'purposes others than.the purposes;expressly 4iescribecl herein.'Permittee has a duty,to:,notify the:Countyof.any change in.use of coedit ari'of the utility facgj e.,s thatmay affect the status:of the..utility facihhes. or the:impapt o f the utility:facilities upon the road rights-of-v dY, W. UTILITY PERMIT REQUIREID Frag6 isee shall not commence or perform work(hereaf ter"Work:")to install=cdh§ttgct;ma ntain repair;replace adjust, connect; disconnect,rebuild, or relocate its utility facilifieswithin the road rights-of-.way;without:first ap utility permit plying for,paying:all associated fees;:and obtaining.a. ermit so issue the as required pursuant to Title,12 of the Mason.County Code In:any utility p k County may impose;. as a condition of the �antin the utility permit such conditions and regulations as:may be:necessary for the ,protection, preservation arid..management of:the.road rights=of=way;including,by of e'—X:"le and.not limitation,for the purpose of protecting any .structures:- the road.rights-of way,mainta ring proper:distance from.other utilitim ensuring the proper restoration of:such:road rights-of way and..structures; and:for the protection.of the:County and the public and the continuity:of pedestrian.and vehicular.traffic.. Franchisee:shall:fifst file with'tbe.County Engineer its-appli cation for a utility permit to .o;sued.. Work together v+with plai�s..and.specifications in triplicate showing at a minimum: A.. The position..depth and.location of all.such itility.facilites sought to be:constructed, .laid,installed or erected at thattime,showing;their relative position to exi5tiiig county toads;nghts okmy'i or other,couuty.property upon plans;drawn to'scale,liereinaiter collectively referred to as 'the"map:of definite location;. B. The.class and type:of material aril equipment; to be:used,, riaYiner of'excavation] erection. of :permanent construction,: installation;.: backfill, erection of: temporary structures, p. striactuies,traffic.coiittol,traffic.turnouts and road.obstructions; C. The manner in which-the utility facility is to.be:installed D. Measures to be:taken to preserve safe and.free flow . traffic; 2 E .:Stzuctural integrity of.the roadway,;bridge,or other:si ucture; F Specifications.for the restoration of the. county road;;tight-of.way or;other county property in the event that.the roadright,.of`way will be.disturbed by the Work;:and Provision for ease of:future toad maintenance and appearance`of tlie roadway: Provision shall be.made~foi°kriowi 'or plauiied.expansion of the.utility facilities;particularly those located underground or attached.,to bridges.or other structures within the,road right-of-way.. The Tocaton,alignment and depth:af the utility.facilities shall:conform with said map of definitelocation,except in instances in which deviation may be:alloW.edfhereafter in writing by the County Engineer pursuant to•application by Fraricl see, All such Work:shall be subject to.the:approval of and: shall pass the inspection_of the County Engineer The Franchisee shall pay,all.costs of and expenses incurred m:the examination; inspection and approval of such.work.on acconiitof granting the said utility.permits_ I V: tESTO ATIQN OF ROAD RIGHT OF WAY Tn°any"Work which disturbs or:causes damage to thp,t6ad righ-O of--way subject to i&-Ranc se public.or:private*property,the Franchis-e,shall at`its.own expense and withall convenient speed, complete the work to'repair and restore.the:county road right=of way,: or the.public or private property,so disturbed.or.damaged,and:leave the same in as good:or better conditron as before the Work.was'commenced, to the' reasonable satisfaction of the C.ountyEngineer: The Franchisee shall pay all costs of and expenses incurred in.the.examination inspection and:approval of.such restoration or repair. Tht County Commissioners and/or County Engineer may.at any do, order or have done any_ and.- Work that°they consider.necessary tb iestore:to:a.safe condition such County road right of way or other:County,property left Uy the Franchisee or its agents in a condition dangerous to life or property,and.the Franchisee,upon.demand,shall p ay:to the County all costs':of such:work. V FR ANCHISEE.WORK IN RIGHT OF W-A; Franchisee expressly:agrees:and understands that,with regard t V,`kwifhin-.the road tig Qf. way; A_ All.of Franchisee's utility-faciliiaes:and Work.within the--road rights of way or other. Countyproperty shall be in compliance with the provisiioris.of.Title l2.NSCC, the 1Vlanual,_the admuustxative;regulations adopfed:bythe:County.)Engine., otherCountyestablishedrequi emen#s for:placement:of utility facilities izi road rights-of=way,:mpc 4 ing the.specific location of`utih ty .facilities° iathe.road frights=of-way;-and-alt:applicable laws,rules;_regulations azid ordinances,•. B: i .preparing plans andspecifications::for Work ofutility facilities iri:tlie roadrights=o. .3 way the Fanchisee.shall use the Manual. Prior.to commencement of work in the:road rights-of way, Franchisee shalLsubmit_ such plans and'specifications to the.Mason County Eiagir<eer for. review and;approval together with adequate exhibits depicting'exrshng or proposed location,of 6e: utility facility in:relation to'the.road;. including right- way or easement:lures; relationship to currently plaiiued toad revisoins,if applicable;and'all locations and situations for which deviations. in depth of cover(uicluding tlie:proposed method of protection)or other.locational standards that are anticipated; C All Work to utility facilities located:within.the road.rights-of-way or other county property..snbject to this franchise shall be:done in,such a manner as notlo izaterfere, other.'than in ways approved by the:County;.w.,O.the.construction;:operation and maintenance.of other utilities; public or private; drains,draiiiage.ditclies and structures,irrigation:d&Ms and structures,located therein,;nor with the grading or impzovements of such County roads,rights-of way or other County :property;; D: The owners and operators. of all utility facilities {public.or private).installed in the Franchisee Area or other:comity propefiy prior.in tune to the utility facilities of jhe.Franchisee;,shall haYe.pxeference;as to the alignment.-and location of such'utilities so.installed with;respe.ct to the. Franclsee. Such preference:shall continue in the.event of the necessity of relocating or changing the grade of any..such,;county;road or right-of-way; .k. Franchisee shall pezforii the Work anti operate its util i 1:facilities m A.maiiuer that ;;,inir;i es interference'with,the.use:of.the road rights-of way by:others;.including others that.may be.-ins ing-U facilities;.and. R. The County may:require that Franchisee's utility facilities be installed at apart cultic time, at a:spec fic:place, or in a particular;inanner as:a condition of access to a particular r road right-of wAy; may`deny access. if a Franchisee is, not;willing to comply° with the County's reguvrem�ent. and may remove; or require removal off any utility facility that is.not installed in compliance with the requirements:establislied.byttie County, of which is installed.'vvithoiztprioi County approval of.the:tubae,place,or:manner of installation and charge the Franchisee for;all:tl7ie: costs associated;with removal;and may require Fianchisee.Ito.cooperate wi$.others to mmirraze adverse impacts on the road rights-of waytlirough jotut trenching;and other arrangements- G.:. 'f lie- C.oi%nty °inay.:inspect the utility facilities at any time.xeasonable under the circumstances:to ensti=e.compltamce'Nwth-this :I ax h. e and applicable law, including to ensure. that the utility,facilities are constructed and mainta ned in,a:safe condition If an:unsafe:condition is found o exist;;the County,in addition to taking any other-action pemsitted:under applicable law;, may order the'Franehisee,ui writing;to make the necessary repairs`acid alterations"specified.....is forthwith to correct the unsafe conditioni on a:tinge-table establishedby. the County :which is reasonable in light of tho unsafe condition:.. The County has thexight to correct,inspect,.administer;: and.repair the unsafe condition if.the:Franchisee fads to do so, :and:to charge the Franchisee therefore. The;right of the County to conduct such inspections and order.or-m-Ae repairs 'hall..not be construed to create.an obligation therefore,.and'such obligation to.construct and zriaiiitain.its utility facilities.Yn.a.safe condition shall:af:all tunes remain the:sole.obligatiorGof the Franchisee: 4: H_ Whenrequired by:the County,Franchisee shall.make iiif I ation available to the public> regarding any workinvolving the ongo ng;installat an,constructton;adjustment;:relocation,repaiz: ormaintenance of its.utility facilities sufficierit to show(l)the nature of the work being.perfonned (2)whereat is being pedoisiied;(3)its estimated coWje ion date;and(4)piogress to conoipletzon.. I.. FRANCHISEE 'IS PLACED ON NOTICE THAT FIBER OPTI. COICATICNS, POWER, CONTROL.SXSTEMS; OTHER T`YPES.OF CABLES`,AND PIPELINES MAYBE BITRIED ON THE 12IGHT OF WAY.. Before beginning anyuiidergrouid work,Frand ee will.contact tlie..appropriate.personnel to have such:facilities aocated and:make arrangements as to protective measures that must be adhered to prior to thte commencement.o any work wrthinthe;Road rights-of.way: In. addition to the liability towns elsewhere in this Agreement, Franchisee shall uiderru�ify andhold the County and;its elected aril.appointed officers;employees and agents harmless against-and.from,all cost; liali4ity, and expense,whatsoever (including, without limitation,. attorneys;fees. and-court-costs and.expenses) arising out.of or:in any N'Vay contributed ft}by any act,or oinission.of Franchisee;;its contractor,agents ancUor employees,that cause or in any way or.de.gree-coidhbute to (1)any damage.to or destruction.of any such facilities. by Franchisee, and/or ifs:contractor,.agents and/or employees; on,the.County'&:property, (2):any injury to of death of any person employed:by or-on behalf of any entity; and/or its::contractors; agents and/or employees, on the road:riglits=of way;,and/or(3),any claim.or cause_of action:for alleged.loss of.pxofits or revenue,oz:loss.of..service,by a customer.or user of services or products: of such company(ies) (colledt vely "Llibilities" far purposes 'of this Section V.I): The only Liabilities With .t:to wlueh..Franchisee's obligation to inclemntfy. the County:and its elected. and appointed q 05i 0rs; employees and agents does not apply ate..LiabiYities:to the extent.arising out.o f.caused by`or resulting.;from the negligence.of the-County; and its elected,-nd.appointed officers;:employees and agents:and Lzabilities"that by law the County and its elected and appointed officers,::employees:and:agents::for:which.the County cannot be indemnified. J, 'Franchisee;shall continuously lie::a niemlaez.:of.:the State of Washizigton one number locator service under:RCW 19:122; or an approved equivalent;:and.shall comply with all :such applicable zules-and iegulatibns.. K. t in Excep the eventof emergency as descnbecl below;Frarichzsee and its Agents;may not enter upon the Franchise.-Area to perform woik:for vahich a utility pop*is,not required;unless aril.except upon'two-liusi7iess days;riot ce-to the County,Engineer_, L: ..In..the.event of gj?,emprgerzey iiivolving.:the threat of imnurierit harm to'persons or property; and foppses m yid ci h i : enter the Franchise Area without advance notice to the County.as long as such.entry is for-the sole purpose of addressing the emergency;provided however,that if any.entry for:such purposes would. require issuance.of a.ufilitypemt;Franchusee shall give the County verbal oz.telephonic:uoti,ce of the places:where:and tliemanner in which-entry zs:requv ed prior fo such entry,promptly fo]lowed: by written notice.: In:all cases;notice to.the C6u9rity shall be given.as.far in.advance as practical prior to.entry or as soon as practioatil,e.after entry°upon the road right-of-Way.. 5 M.. -Franp-bisee.shalh.-p'ro*"*'m*ptly*r"e'imburse the County for their re'asondble and.direct co.stg..Micurre in iesponding to an.':emetgency'that is caused, 'created by or attributable tq`Oiq presence, construction, mai4fenancq,:repait.,' or,operation of flip.-Franchisees-utility facilities in the road rights-0-way, N. If,.during:ins on,d6iisttilttion,relocation,realigriment adjustment,,maintenance.. br-.icpajf of the Fraiicl isce.s.4 :facilf6m ia.-the road n'ghts rights-of.-'way;Franchisee or its.: agents discover scientific or.hi8to ari6pts—VranChisee shall 1M*Mediat6Iv notify-the County,of:sai& discoyery and shall p:rpfect such artifacts win-a manner as specified'by.the.County. My:suohakdRid shaltbe-the-property of the-County.if the County wishies to.own it. VL': PROTECTION OF PUBLIC M work done under,this:franchise-shafl.be:done,-in a:thorough.and workman like-manner. Inthe the apperformance of.Work.wiffiin.or near the toad rights-of--way, m..c.I ding itho fit'-limitation, '.the dpfrung ofttenches aiid the.tunneling under Pouptytoads,n =ofwaytorq. 0owt3r r9perty'.the-Fiand" ee shall,leave such trendies,-ditches and tunnels iin such a w?-y.as to interfere:as little as possible with publiG travel.and shall take all due and necessary precaution's to:guard the same* So that damage:or injury shall ii6t.'ocdur*.ot arise by reason-of such work,and:where any.of such trenches, ditches*'and:tunnels are left:open at'night.the Franchisee:shall Dlace, warning lights, borrida4ds'-0 A-d propri4te Other a- 0.-pt tective.d.evices-at-5-g64apogi-donas-to.-6veadequ6te:war*g of-such Work:. The c-Franchisee shall be liable:for any injuryto person or-persons-or damage:to — .... persons . property.sustained-.arising.out of its:6arelessu6sa.o**r neglect;or through' any;failure:,bRegAccQ .,n - 'dit-h- dug� amed'bv the properly 6` give:VMrfiifi of-.aAY trenches, c es.-or guard r FranchisM.. VIL POLICEPOVIERS The Couhtyd]:Aason-.-Itx grantingfhis.ftm'c'Wse,..:do-ontit,wdiVegoy.tigh which h ts now has or &s-�of7 or,othevcpp*Y, teafter acquire, -respect to county.044.Ii WAY nt property.a. Ad th-i_S-quirp, franchise.,phall:not be.construed to'deprive-T4e countyof.any ers-'rightsior privileges.-whichdt _,f powers;, -0 - -now has:ormay hereafter-acquire to re�gqlat6..the.use of and to control thd.county*roads, hM - f .;Way 6aiia:. other c(it'nity 6b&W. 6o.vdk6d by 'this frdnohigd. The:County the right pr,-. Y. .:administer and regulate'activities.ofthc.FiaAchisec-ug.'t'O the fullest eident:iof the law.: The failure to zegovq.a part iWorii v regulate,prreforcRe apart.i q*aT reguI4I Pn,.A4I notbe interpreted by.4pgat ve or otherwise to.prevent the:application ofaxeoati6h to the Franchisee. VEEL RELOCATION `Franchisee:shall the s ::of any.-Work,;. cqmply)y'ith the following requirements:' A. The Franchisee.Aaff,by!atIhic-§pe.c,- . ed by:the CoiMty,..protect;:.sbppoA temporarily- disconnect,xelocate,or remove.any.of.i.t.s.utility facilities when required.by the County by reason. of traffic conditions- public safety- road; :right of-way construction;:-road-right-of way repair (indluding resurfacing.or widening);:.change:ofroadright-of-way grade;construction,installation, i 1` 1 or repair of County-owned sewers, drains, water pipes, power lines, signal lines, tracks, communications system, other public work,public facility, or improvement of any government- owned utility; road right-of-way vacation; or for any other purpose where the County work involved would be aided by the removal or relocation of the utility facilities. Collectively, such matters are referred to below as the "public work." Franchisee acknowledges and understands that any delay by Franchisee in performing the herein described work may delay, hinder, or interfere with the work_performed by the County and its Contractors and.subcontractors_done in furtherance of such Public Work and result in damage to the County,including but not limited to,delay claims. Franchisee shall cooperate with the County and its contractors and subcontractors to coordinate such Franchisee work to accommodate the Public Work project and project schedules to avoid delay, hindrance of, or interference with the Public Work. The County of Mason shall make available to the Franchisee a copy of the S'ix Year Transportation Program and the County's annual construction program after adoption each year. It is anticipated these programs will aid the utility in planning construction programs. ,j B. Franchisee has a duty to protect its utility facilities from work perform-ed.by the County within the road rights-of-way. The rights granted to the Franchisee herein do not preclude the i County of Mason, its employees, contractors, subcontractors, and agents from blasting, grading, excavating, or doing. other necessary road work contiguous to Franchisee's utility facilities; - providing that,the Franchisee shall be given a minimum of forty-eight (48)hours notice of said blasting or other work in order that the Franchisee may protect its utility facilities. C. In the event of an emergency, or where the utility facility creates or is contributing to an imminent danger to health, safety, or property, the County may protect, support, temporarily disconnect, remove, or relocate any or all parts of the utility facility without prior notice, and I charge the Franchisee for costs incurred. D. If any Person that is authorized to place facilities in the road right of way requests the Franchisee to protect,support,temporarily disconnect,remove,or relocate the Franchisee'.s utility facilities to accommodate the construction, operation, or repair of the facilities of such other ; person, the Franchisee shall, after 3.0 days' advance written notice, take action to effect the ` necessary changes requested; provided that, if such project is related to or competes with Franchisee's service,or if the effect of such changes would be to permanently deprive Franchisee of the beneficial enjoyment of this franchise for its intended purposes through interference with the operation of Franchisee's utility facilities or otherwise, Franchisee shall not be required to relocate its utility facilities. Unless the matter is governed by a valid contract or a state or federal I law or regulation, or unless the Franchisee's utility facilities were not properly .installed, the i reasonable cost of the same shall be borne by the Person requesting the protection, support, } temporary disconnection, removal, or relocation at no charge to the County, even if the County I I makes the request for such action. i f ' � I I 7 1. I E. The Franchisee shall, on the request of any person holding a valid permit issued by a governmental authority,temporarily raise or lower its wires to permit the moving of buildings or other objects. The expense of such temporary removal or raising or lowering of wires,shall be paid by the person requesting the same. The County of Mason will accept liability for direct and actual damages to said Franchisee that are the result of the negligence of Mason County, its trustees, officers, employees, contractors, subcontractors or agents while performing County improvement or Public Works projects enumerated in the original franchise agreement under Section VIII,paragraph B. Direct and actual damages are specifically limited to physical damage to properly installed and located infrastructure of the Franchisee and the cost to repair such physical damage. Mason County retains the right to assert all applicable defenses in the event of a dispute including contributory negligence on the part of the.Franchisee. Mason County shall in no way be liable for incidental damages claimed to arise from such actions. All Work to be performed by the Franchisee under this section shall pass the inspection of the County Engineer. The Franchisee shall pay all costs of and expenses incurred in the examination, inspection and approval of such work. IX. PRESERVATION OF MONUMENTS/MARKERS Before any work is performed under this franchise which may affect any existing monuments or markers of any nature relating to subdivisions, plats, roads and all other.surveys,the Franchisee shall reference all such monuments and markers. The reference points shall be so located that they will not be disturbed during the Franchisee's operations under this franchise. The method of referencing these monuments or other points to be referenced shall be approved by the County Engineer. The replacement of all such monuments or markers disturbed during construction shall be made as expeditiously as conditions permit, and as directed by the County Engineer. The cost of monuments or other markers lost, destroyed, or disturbed, and the expense of replacement by approved monuments shall be borne by the Franchisee. A complete set of reference notes for monument and other ties shall be filed with the office of the Mason County Engineer. X. VACATION OF ROAD RIGHT-OF-WAY If at any time the County shall vacate any County road, right-of-way or other County property which is subject to rights granted by this franchise and said vacation shall be for the purpose of acquiring the fee or other property interest in said road,right-of-way or other county property for the use of Mason County, in either its proprietary or governmental capacity, then the Board of Mason County Commissioners may, at its option,and by giving thirty(30) days written notice to the Franchisee,terminate this franchise with reference to such county road,right-of-way or other county property so vacated, and the County of Mason shall not be liable for any damages or loss to the Franchisee by reason of such termination. It has been the practice of Mason County to. 8 reserve easements for utilities at the time of road vacation, and will continue to be the practice until such time the Board of Mason County Commissioners direct a change of practice. 1 XI.FINANCIAL SECURITY A. Insurance Except as otherwise provided herein, Franchisee shall maintain for itself and the County,throughout the entire period any part of Franchisee's utility facilities are located in the Franchise Area, adequate insurance to protect the Parties and their elected and appointed ! officers, agents, employees against all of County's and Franchisee's liability arising out of Franchisee's use and occupancy of the Franchise Area or any part thereof. This.obligation shall require the Franchisee to maintain insurance at least in the following amounts: 1. COMMERCIAL GENERAL LIABILITY insurance to cover liability,bodily injury,and property damage. The Commercial General Liability insurance shall be written on an occurrence basis, with an aggregate limit location endorsement for the Franchise Area, and shall j provide coverage for any and all costs,including defense costs,and losses and damages resulting from personal injury,bodily injury and death, property damage, products liability and completed operations. Such insurance shall include blanket contractual coverage,including coverage for the Franchise as now or hereafter amended and specific coverage for the indemnity provisions set forth herein. Coverage must be written with the following limits of liability: Bodily and Personal Iniury&Property Damage $ 1,000,000 per Occurrence $2,000,000 aggregate i 2 WORKERS' COMPENSATION insurance shall be maintained to comply with statutory limits for all employees, and in the case any work is sublet,-the Franchisee shall require its contractors and subcontractors similarly to provide workers'compensation insurance for all the employees. The Franchisee shall also maintain, during the life of this policy,,employer's liability insurance;provided that this obligation shall not apply to any time period during which Franchisee has no employees. The following minimum limits must be maintained: i Workers' Compensation Statutory Employer's Liability $ 1,000,000 each occurrence 3. COMPREHENSIVE AUTO LIABILITY insurance.shall include owned, hired, and non-owned vehicles operated by Franchisee employees on an occurrence basis with coverage of at least$2,000,000 per occurrence. If the Franchisee,its contractors,or subcontractors do not have the required insurance,the County may require such entities to stop operations until the insurance is obtained and approved. Certificates of Insurance reflecting evidence of the required insurance and approved by the County's Risk Manager for the GENERAL LIABILITY policies described above,shall be sent to 9 i the County's risk manager. The certificate shall be filed with the acceptance of the franchise,and annually thereafter,and as provided below. All coverage shall be listed all on one certificate with the same expiration dates. The certificates shall contain a provision that coverages afforded under these policies will not be canceled until at least 30 days'prior written notice has been given to the County. In the event that the insurance certificate provided indicates that the insurance shall terminate or lapse during the period of the franchise,then,in that event,the Franchisee shall furnish,at least 30 days prior to the expiration of the date of such insurance, a renewed certificate of insurance as proof that equal and like coverage has been or will be obtained prior to any such lapse or termination during the balance of the period of the franchise. The County reserves the right, during the term of the franchise, to require any other insurance coverage or adjust the policy limits as it deems reasonably necessary utilizing sound risk management practices and principals based upon the loss exposures. Each insurance policy required pursuant to this franchise shall be primary and non-contributing as respects any coverage maintained by the County and shall include an endorsement reflecting the same. Any other coverage maintained by County shall be excess of this coverage herein defined as primary and shall not contribute with it. The certificate of insurance must reflect that the above wording is included in all such policies. Each insurance policy obtained pursuant to this franchise shall be issued by financially sound insurers who may lawfully do business in the State of Washington with a financial rating at all times during coverage of no less than rating of"A"and a class of"X"or better in the latest edition of"Best's Key Rating Guide"published by A.M.Best Company,or such other financial rating or rating guide approved in writing by the County's risk manager. In the event that at any time during coverage, the insurer does not meet the foregoing standards, Franchisee shall give prompt notice to the County and shall seek coverage from an insurer that meets the foregoing standards. The County reserves the right to change the rating or the rating guide depending upon the changed risks or availability of other suitable and reliable rating guides. Comprehensive general liability insurance policies and coverage obtained pursuant to this franchise shall include an endorsement (standard ISO form CG 24-17) deleting all exclusions for work or incidents occurring within any distance from a railroad track or railroad property, or on, over, or under a railroad track. Insurance policies required pursuant to this franchise shall have no non-standard exclusions unless approved of by the County Risk Manager or designee. Commercial general liability insurance policies obtained pursuant to this franchise shall name the 10 County as an additional insured without limitation,pursuant to an endorsement approved of by the County's Risk Manager or designee. Franchisee and Franchisee's Contractors' insurers, through policy endorsement, shall waive their rights of subrogation against the County for all claims and suits. The certificate of insurance must reflect this waiver of subrogation rights endorsement. Commercial General Liability Insurance policies and coverage required herein of public utility operators may include a reasonable deductible or self-insured retention; provided, however,that as to any Loss or Damage covered as provided herein,if Franchisee elects to include any deductible or self-insured retention,Franchisee shall itself directly cover, in lieu of insurance, any and all County liabilities that would otherwise in accordance with the provisions of this Franchise be j covered by Franchisee's insurance if Franchisee elected not to include a deductible or self-insured t retention. Such direct coverage by Franchisee shall be in an amount equal to the amount of Franchisee's actual deductible or self-insured retention. Franchisee shall be required to provide a certification of self-insurance retention to the county in a form and content acceptable to the county engineer. B. Performance/Payment Bond. At the same time Franchisee provides its acceptance of this Franchise, the Franchisee shall, if required by the County Engineer, provide a performance and payment bond to ensure the,full and faithful performance of all of its responsibilities under this franchise and applicable rules,regulations and ordinances,including,by way of example,but not limited to, its obligations to relocate and remove its utility facilities,to restore the road rights- of-way and other property when damaged or disturbed, and to reimburse the County for its costs. The amount of the performance and payment bond shall be for ZERO ($0). The amount of the bond, or cash deposit as described below, may be adjusted by the County every five years from j the date of execution of this franchise,to take into account cumulative inflation or increased risks to the County. The Franchisee may be required to obtain additional bonds in accordance with the County's ordinary practices. The bond shall be in a form with terms and conditions acceptable to the County and reviewed and approved by the County Engineer. The bond shall be with a surety with a rating no less than "A V in the latest edition of"Bests Key Rating Guide," published by A.M.Best Guide. The Franchisee shall pay all premiums or costs associated with maintaining the bond,and shall keep the same in full force and effect at all times.If Franchisee fails to provide or maintain the bond,then the County,in its sole discretion,may require Franchisee to substitute an equivalent cash deposit as described below in lieu of the bond. Franchisee,may at its election or upon order by the County, substitute an equivalent cash deposit instead of a performance and payment bond. This cash deposit shall ensure the full and faithful performance of all of Franchisee's responsibilities hereto under this Permit and all applicable laws, rules,regulations or ordinances. This includes, but is not limited to, its obligations to relocate or remove its facilities, restore the road rights-of-way and other property to their original condition, reimbursing the County for its costs, and keeping Franchisee's insurance in full force. t The County shall notify,Franchisee in writing,by certified mail,of any default and shall give 11 i Franchisee thirty(30)days from the date of such notice to cure any such default. In the event that the Franchisee fails to cure such default to the satisfaction of the County, the County may, at its option,forfeit the entire amount of the cash deposit or draw upon the cash deposit up to the amount of the County's costs incurred to cure Franchisee's default. Upon the County's cure of Franchisee's default,the County shall notify Franchisee in writing of such cure. In the event that the County draws upon the cash deposit or forfeits the same, Franchisee shall thereupon replenish the cash deposit to the full amount as specified herein or provide a replacement performance and payment bond. Before any Work commences in the road right-of-way, the County Engineer may require the operator to provide a performance and payment bond for each separate project in an amount to be determined by the County Engineer, but not less than five hundred dollars, written by a surety company acceptable to the County Risk Manager and authorized to do business in the state of Washington. The purpose of the bond is to insure completion of construction, including the restoration of surfacing, slopes, slope treatment, topsoil, landscape treatment, and drainage facilities, and cleanup of rights-of-way, and payment of costs incurred by the County to enforce the requirements of this Chapter. The performance and payment bond shall be in place for a period, ending not more than one year after the date of completion. A project specific performance bond shall not be required in the event that the franchisee has in place a blanket performance bond and,when required,a payment bond,maintained pursuant to the requirements of this franchise. A performance and payment bond for work in the road right-of-way will not be required of the United States Government or any of its agencies or of any municipal corporation or department of the state of Washington and its local subdivisions. i C. Limitation of Liability. To the fullest extent permitted by law, the Franchisee shall, and shall cause its contractor(s) to release, indemnify, defend and hold harmless the county and the county's legal representatives, officer (elected or ), appointed) employees and agents (collectively, "indemnitees")for, from and against any and all claims, liabilities,fines,penalties, cost,damages,losses, liens, causes of action, suits,demands,judgments and expenses(including, without limitations,court costs,attorneys'fees and costs of investigation,removal and remediation and governmental.oversight costs), Environmental or otherwise (collectively"liabilities") of any nature,kind, or description, of any person or entity, directly or indirectly, arising out of,resulting from,or related to(in whole or in part): 1. this franchise; 2. any rights or interests granted pursuant to this franchise; 3. franchisee's occupation and use of the road right of way; 12 4. franchisee's operation of its utility facilities; 5. the presence of utility facilities within the right of way; 6. the environmental condition and status of the road right-of-way caused by, aggravated by, or contributed to,in whole or in part,by franchisee or its agents; or 7. The acts,errors,or omissions of third parties when arising out of the installation, ; construction, adjustment, relocation, replacement, removal, or maintenance of such third party utility facilities within the road rights-of-way when such work is performed under authority of the operator's utility permit or at the direction or under the control of the operator; or 8. any act or omission of franchisee or franchisee's agents; The only liabilities with respect to which franchisee's obligation to indemnify the indemnitees do not apply are liabilities to the extent arising out of, caused by or resulting from the negligence of the county,its officers,agents,employees or contractors and liabilities that by law the indemnities cannon be indemnified for. Upon written notice from the county, franchisee agrees to assume the defense of any lawsuit or other proceeding brought against any indemnitee by any entity,relating to any matter covered by this franchise for which franchisee has an obligation to assume liability for and/or save and hold harmless any indemnitee.Franchisee shall pay all cost incident to such defense,including,but not limited to,attorneys' fees,investigators' fees,litigation and appeal expenses,settlement payments and amounts paid in satisfaction of judgments. Franchisee will fully satisfy said judgment within ninety(90)days after said suit or action shall have finally been determined if determined adversely to Mason County. Upon the Franchisee's failure to satisfy said judgment within the ninety (90) day period,this franchise shall at once cease and terminate. i Acceptance by the County of any Work performed by the Franchisee at the time of completion shall not be grounds for avoidance of this covenant. XII. FRANCHISE NONEXCLUSIVE This franchise shall not be deemed to be an exclusive franchise. It shall in no manner prohibit the County of Mason from granting other utilities under, along, across, over and upon any of the County roads,rights-of-way or other County property subject to this franchise and shall in no way prevent or prohibit the County of Mason from constructing, altering,maintaining or using any of said roads,rights-of-way, drainage structures or facilities, irrigation structures or facilities, or any other county property or affect its jurisdiction over them or any part of them with full power to make all necessary changes, relocations, repairs, maintenance, etc., the same as the county may deem fit. 13 XIH. SUCCESSORS AND ASSIGNS All the provisions,conditions,regulations and requirements herein contained shall be binding upon the successors and assigns of the Franchisee, and all privileges, as well as all obligations and liability of the Franchisee, shall ensure to its successors and assigns equally as if they were specifically mentioned wherever the Franchisee is mentioned. Any reference in this franchise to a specifically named party shall be deemed to apply to any successor,heir,administrator,executor or assign of such party who has acquired its interest in compliance with the terms of this franchise, or under law. X1V. TRANSFER/ASSIGNMENT Franchisee may assign or transfer this franchise after prior written notice to County of Mason and assignee's written commitment, in a form and content approved by the County Prosecutor, delivered to County of Mason,that assignees shall thereafter be responsible for all obligations of Franchisee with respect to the franchise and guaranteeing performance under the terms and conditions of the franchise and that transferee will be bound by all the conditions of the franchise and will assume all the obligations of its predecessor.. Such an assignment shall relieve the Franchisee of any further obligations under the franchise, including any obligations not fulfilled by Franchisee's assignee; provided that, the assignment shall not in any respect relieve the Franchisee, or any of its successors in interest, of responsibility for acts or omissions, known or unknown, or the consequences thereof, which acts or omissions occur prior to the time of the assignment. No franchise or master road use permit may be assigned or transferred without filing or establishing with the county the insurance certificates and performance bond as required pursuant to this franchise. XV. ANNEXATION Whenever any of the County roads, rights-of-way or other county property as designated in this franchise,by reason of the subsequent incorporation of any town or city,or extension of the limits of any town or city, shall fall within the city or town limits and shall by operation of law or otherwise terminate in respect to the said roads,rights-of-way or other county property so included with city or town limits;this franchise shall continue in force and effect to all county roads,rights- of-way or other county property not so included in city or town limits. XVI. REVOCATION/REMEDIES A. Revocation. In addition the right to revoke this franchise as set forth in Title 12 of the Mason County Code, if the Franchisee shall willfully violate, or fail to comply with any of the provisions of this franchise through willful or unreasonable neglect or fail to heed or comply with any notice given the Franchisee under the provision of this grant,then Franchisee shall forfeit all rights conferred hereunder and this franchise may be revoked or annulled, after a public hearing by the Board of County Commissioners. The Franchisee shall not be relieved of any of its obligations to comply promptly with any provision of this franchise by reason of any failure of the County to enforce prompt compliance, and the County's failure to enforce shall not constitute a 14 waiver of rights or acquiescence in the Licensee's conduct. i Subject to the required consent, adjudication, permission or authorization of a federal or state regulatory agency with jurisdiction over the subject matter, upon revocation of the franchise,the County may require the Franchisee to remove its utility facilities from any road rights-of-way,and restore such road right-of-way to its same or better condition as existed just prior to such removal, or de-commission and abandon such utility facilities in place in whole or in part and in a manner approved by the County Board of Commissioners. If the Franchisee fails to remove utility facilities that the County requires it to remove,the County may perform the work and collect the cost thereof from the Franchisee. The actual cost thereof, including direct and indirect administrative costs, shall be alien upon all utility facilities of the Franchisee within the franchise Area effective.upon filing of the lien with the Mason County Auditor. B. Remedies.. The County has the right to exercise any and all of the following remedies, singly or in combination, in the event of Default. "Default" shall mean any failure of Franchisee or its agents to keep, observe, or perform any of Franchisee's or its agent's duties or obligations under this franchise: 1. Damages. Franchisee shall be liable for any and all damages incurred by County. 2. Specific Performance. County shall be entitled to specific performance of each and every obligation of Franchisee under this franchise without any requirement to prove or establish that County does not have an adequate remedy at law. Franchisee hereby waives the requirement of any such proof and acknowledges that County would not have an adequate remedy at law for Franchisee's commission of an Event of Default hereunder. 3. Injunction. County shall be entitled to restrain, by injunction, the actual or threatened commission or attempt of an Event of Default and to obtain a judgment or order specifically prohibiting a violation or breach of this Agreement without, in either case, being required to prove or establish that County does not have an adequate remedy at law. Franchisee hereby waives the requirement of any such proof and acknowledges that County would not have an adequate remedy at law for Franchisee's commission of an Event of Default hereunder. 4. Alternative Remedies. Neither the existence of other remedies identified in this franchise nor the exercise thereof shall be deemed to bar or otherwise limit the right of the County to commence an action for equitable or other relief, and/or proceed against Franchisee and any guarantor for all direct monetary damages, costs and expenses arising from the Default and to recover all such damages,costs and expenses, including reasonable attorneys' fees. Remedies are cumulative;the exercise of one shall not foreclose the exercise of others. XVH. SUBSEQUENT ACTION In the event that after this franchise becomes effective, (a) there is a change in the law which 15 broadens the authority of the County of Mason or the Franchisee with respect to any act.permitted or authorized under this franchise; or (b)the County of Mason or the Franchisee believe that amendments to this franchise are necessary or appropriate, then the County of Mason and the Franchisee agree to enter into good faith negotiations to amend this franchise so as to enable the Parties to address, in a manner reasonably acceptable to all Parties, such change or other development which formed the basis for the negotiations. The Parties recognize that the purpose of the negotiations would be to preserve, to the maximum extent consistent with law, the scope and purpose of this franchise. Mason County reserves for itself the right at any time upon ninety(90) days written notice to the Franchisee, to so change, amend, modify or amplify any of the provisions or conditions herein enumerated to conform to any state statute or county regulation, relating to the public welfare, health,safety or highway regulation,as may hereafter be enacted,adopted or promulgated and this franchise may be terminated at such time a public hearing is held by the Board of County Commissioners, and the Franchisee's utility facilities are found not to be operated or maintained in accordance with such statute or regulation. XVIII. ACCEPTANCE Franchisee shall execute and return to the County of Mason a signed acceptance of the franchise granted hereunder. The acceptance shall be in the form of the acceptance attached hereto as Exhibit"A",and in accepting the franchise,Franchisee warrants that it has carefully read the terms and conditions of this franchise and accepts all of the terms and conditions of this franchise and agrees to abide by the same and acknowledges that it has relied upon its own investigation of all relevant facts,that it has had the assistance of counsel,that it was not induced to accept a franchise, that this franchise represents the entire agreement between the Franchisee and the County of Mason.In the event the Franchisee fails to submit the countersigned ordinance and acceptance as provided for herein within the time limits set forth in this section, the grant herein is and shall become null and void. XIX. MISCELLANEOUS PROVISIONS A. Controlling Law/Venue. Any disputes concerning the application or interpretation of any of the provisions of this franchise shall be governed by the laws of the State of Washington. Venue of any action or arbitration brought, under this franchise shall be in Mason County, Washington or the Western District of Washington if an action is brought in federal court, provided,however,that venue of such action is legally proper. B. Liens. Franchisee shall promptly pay and discharge any and all liens arising out of any Work done, suffered or permitted to be done by Franchisee on any Franchise Area. C. Waiver. No waiver by either party of any provision of this franchise shall in any way impair the right of such party to enforce that provision for any subsequent breach, or County of Mason's right to enforce all other provisions of this franchise. 16 D.Attorney's Fees. If any action at law or inequity is necessary to enforce or interpret the terms of this franchise,the substantially prevailing Party or Parties shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which such Party or Parties may be entitled. E. Amendment. This franchise may be amended only by a written contract signed by authorized representatives of Franchisee and County of Mason. F. Severability. If any provision of this franchise is held to be illegal, invalid or unenforceable under present or future laws, such provision will be fully severable and this franchise will be construed and enforced as if such illegal, invalid or unenforceable provision is not a part hereof, and the remaining provisions hereof will remain in full force and effect. In lieu of any illegal, invalid or unenforceable provision herein, there will be added automatically as a part of this franchise; a provision as similar in its terms to such illegal, invalid or unenforceable provision as.may be possible and be legal,valid and enforceable. G. Joint and Several Liability. Franchisee acknowledges that, in any case in which Franchisee and Franchisee's Contractors are responsible under the terms of this franchise, such responsibility is joint and several as between Franchisee and any such Franchisee's Contractors; provided that,the Franchisee is not prohibited from allocating such liability as a matter of contract. - H. Notices. Any notice contemplated, required, or permitted to be given under this franchise shall be sufficient if it is in writing and is sent either by: (a)registered or certified mail, return receipt requested;or(b)a nationally recognized overnight mail delivery service,to the Party and at the address specified below,except as such Party and address may be changed by providing i notice to the other Party no less than thirty (30) days' advance written notice of such change in address. i Franchisee: Blue Heron Condominium j 6520 E State Route 106 Union,WA 98592 i Attn: Bob Spurrell i Grantor: County of Mason Public Works 100 Public Works Drive Shelton,WA 98584 I. Approvals. Nothing in this franchise shall be deemed to impose any duty or obligation upon the County of Mason to determine the adequacy or sufficiency of Franchisee's plans and specifications or to ascertain whether Franchisee's proposed or actual construction,testing, I i i7 I maintenance, repairs, replacement, relocation, adjustment or removal is adequate or sufficient or in conformance with the plans and specifications reviewed by the County of Mason. No approval given,inspection made,review or supervision performed by the County of Mason pursuant to this franchise shall constitute or be construed as a representation or warranty express or implied by County of Mason that such item approved, inspected, or supervised, complies with laws, rules regulations or ordinances or this franchise or meets any particular standard, code or requirement, or is in conformance with the plans and specifications, and no liability shall attach with respect thereto. County and inspections as provided herein, are for the sole purpose of protecting the County of Mason's rights as the owner or manager of the road rights-of-way and shall not constitute any representation or warranty, express or implied, as to the adequacy of the design, construction, repair, or maintenance of the utility facilities, suitability of the Franchise Area for construction, maintenance, or repair of the utility facilities, or any obligation on the part of the County of Mason to insure that work or materials are in compliance with any requirements imposed by a governmental entity. County of Mason is under no obligation or duty to supervise the design, construction,installation,relocation, adjustment,realignment,maintenance,repair, or operation of the utility facilities. J. Force Majeure. Neither Party hereto shall be liable to the other Party for any failure to perform an obligation set forth herein to the extent such failure is caused by war, act of terrorism or an act of God,provided that such Party has made and is making all reasonable efforts to perform such obligation and miniimi�e any and all resulting loss or damage. K. Construction. All pronouns and any variations thereof shall be deemed to refer to the masculine,feminine or neuter,singular or plural,as the identity of the Party or Parties may require. The provisions of this franchise shall be construed as a whole according to their common meaning, except where specifically defined herein,not strictly for or against any party and consistent with the provisions contained herein in order to achieve the objectives and purposes of this franchise. I L. Incorporation by Reference. All exhibits annexed hereto at the time of execution of this franchise or in the future as contemplated herein, are hereby incorporated by reference as though fully set forth herein. M. Calculation of Time. All periods of time referred to herein shall include Saturdays, Sundays, and legal holidays in the State of Washington, except that if the last day of any period falls on any Saturday, Sunday, or legal holiday in the State of Washington, the period shall be extended to include the next day which is not a Saturday, Sunday, or legal holiday in the State of Washington. N. Entire Agreement. This franchise is the full and complete agreement of County of Mason and Franchisee with respect to all matters covered herein and all matters related to the use of the Franchise Area by Franchisee and Franchisee's Contractors, and this franchise supersedes any and all other agreements of the Parties hereto with respect to all such matters, including, without limitation, all agreements evidencing the franchise. 18 0. No Recourse. Without limiting such immunities as the County or other persons may have under applicable law, Franchisee shall have no monetary recourse whatsoever against the County or its officials,boards,commissions, agents, or employees for any loss or damage arising out of the County's exercising its authority pursuant to this Franchise or other applicable law. P. Responsibility for Costs. Except as expressly provided otherwise, any act that Franchisee is required to perform under this franchise shall be performed at its cost. If Franchisee fails to perform work that it is required to perform within the time provided for performance,the County may perform the work and bill the Franchisee. The Franchisee shall pay the amounts billed within 30 days. Q. Work of Contractors and Subcontractors. Work by contractors and subcontractors is subject to the same restrictions, limitations, and conditions as if the work was performed by the Franchisee. The Franchisee shall be responsible for all work performed by its contractors and subcontractors, and others performing work on its behalf, under its control, or under authority of its utility permit, as if the work were performed by it and shall ensure that all such work is performed in compliance with this franchise,Title 12 MCC,the Manual and other applicable law, and shall be jointly and severally liable for all damages and correcting all damage caused by them. It is the Franchisee's responsibility. to ensure that contractors, subcontractors, or other Persons performing work on the Franchisee's behalf are familiar with the requirements of the franchise, Title 12 MCC,the Manual,and other applicable laws governing the work performed by them. R. Survival of Terms. Upon the expiration, termination, revocation or forfeiture of the E franchise,the Franchisee shall no longer have the right to occupy the franchise area for the purpose of providing services authorized herein. However, the Franchisee's obligations under this franchise to the County shall survive the expiration,termination,revocation or forfeiture of these rights according to its terms for so long as the Franchisee's utility facilities shall remain in whole i or in part in the road rights of way. By way of illustration and not limitation, Franchisee's obligations to indemnify, defend and hold harmless the County, provide insurance and a performance/payment bond pursuant to Section XI and Franchisee's obligation to relocate its utility facilities pursuant to Section VIII, shall continue in effect as to the Franchisee, notwithstanding any expiration,termination,revocation or forfeiture of the franchise,except to the extent that a County-approved transfer, sale,or assignment of the utility system is completed, and another entity has assumed full and complete responsibility for the utility system or for the relevant acts or omissions. { S. Warranties. By acceptance of this franchise,Franchisee warrants: 1. That Franchisee has full right and authority to enter into and perform this Franchise in accordance with the terms hereof, and by entering into or performing this Franchise, Franchisee is not in violation of its charter or by-laws, or any law, regulation, or agreement by which it is bound or to which it is subject;and f 2. That the execution, delivery, and performance of this Franchise by i Franchisee has been duly authorized by all requisite Board/Commission action,that the signatories i 19 i for Franchisee of the acceptance hereof are authorized to sign this Franchise, and that the joinder or consent of any other party, including a court, trustee, or referee, is not necessary to make valid and effective the execution, delivery, and performance of this Franchise and acceptance. DATED at Shelton, Washington this day of 20_. BOARD OF COMMISSIONERS APPROVED: MASON COUNTY, WASHINGTON C un Engineer Chair Approve as to form: Vice Chair Chief Commissioner 20 Exhibit.A ACCEPTANCE OF FRANCHISE Ordinance No. 115-06,effectiye November k 2006. I, �eL f' am t ; ,,,; of._+kg . and am the authorized representative to accept-the'-above-referenced franchise on behalf of "Al 0�n At) �l t t l I.�van f`�-�5o a: ��(v✓1 I certify that this franchise and all terms and conditions thereof are accepted by Atve-kkro yI rje t.,l 1,1kN without.qualification or reservation.: DATED this 2S day..of_, ,.20.7-b FRANCHISEE its; ( Vh O: xx ►Ma-A Tax Id.No. cl I°- 0 a'&T STATE OF V II/¢SIB/ 6 ryN ) ss. COUNTY OF k/A/(a ) QQ I certify that I know or have satisfactory evidence that D h �10 of rej f is the person who appeared before me,and said person acknowledged that he/she igned this instrument,on oath stated that he/slie was authorized to execute-the instrument and acknowledged it as the�Q erG� , 'yC of the {;on b/)�OmiAi�UYI J to be the free and voluatdry act of such-party for the-uses and purposes mentioned in the instrument. Dated: D�P-Z�J^�1j2p i S%L A1,4� Notary Public w�"NNIII Print Name y 4 4M ►11 ' '�, 514ei o, T,4A. t 1Vly commission expires N�y AVB1.�C, _ 02 //1I11}OR A EXHIBIT B Description of Franchise Area E ORRE.NOBLES_ - ue emng do' 322338888888 — — all E MASON AVE . l ` I i E-DA BY-1 tD 0 N C -. i lc� 0 N � B MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Mike Collins, PE, PLS, County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: October 6, 2020 Agenda Item # �0.2 BRIEFING DATE: August 24, 2020 BRIEFING PRESENTED BY: Loretta Swanson / Mike Collins [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Mason County Code Update to Chapter 10.34 — Unmuffled Compression Brakes — Hearing BACKGROUND: At the Boards request, Public Works staff reviewed Chapter 10.34 of the Mason County Code, concerning the procedure for unmuffled compression brakes that are prohibited by state law, RCW 46.37.395. Public Works staff is recommending the Board authorize the County Engineer to have authority to post these signs where deemed necessary (updating the current code which currently requiring resolution approval) and update the violation fees to reflect current state penalties. RECOMMENDED ACTION: Recommend the Board of County Commissioners approve the code changes to Chapter 10.34, 'UnmufFled Compression Brakes. Attachment: 1. Ordinance 2. Code changes 3. Updated code ORDINANCE NUMBER - 2020 REPLACING ORDINANCE NO. 122-91 UNMUFFLED COMPRESSION BRAKES AN ORDINANCE, amending Mason County Code, Chapter 10.34 "Unmuffled Compression Brakes". WHEREAS, RCW 46.37.395 prohibits the use of unmuffled compression brakes in the State of Washington; and, WHEREAS, the Mason County Code currently only restricts those public highways or portions thereof identified and prohibited by resolution. WHEREAS, Mason County Code, Chapter 10.34, is being updated to reflect the current state law and change how signage is currently approved for unmuffled compression brakes. THEREFORE, BE IT HEREBY ORDAINED, the application of unmuffled compression brakes are prohibited in Mason County, except when necessary for the protection of persons and/or property, which cannot be avoided by application of an alternative braking. Unmuffled engine compression brake: a motor vehicle brake which is activated or worked by the compression of the engine of a motor vehicle and which is not effectively muffled to prevent excessive noise. FURTHER, the County Engineer shall post at reasonable locations upon the boundaries of the county signs indicating "Unmuffled Compression Brakes Prohibited" or substantially similar wording. The County Engineer shall have the authority to post signs pursuant to this ordinance on roads in the unincorporated areas in response to reasonable requests from the community. FURTHER, these prohibitions are in full force whether or not posted for all motor vehicles with a gross weight of 4,536 kilograms or more (10,001 pounds or more) operating on public roads. FURTHER, that any person or persons violating the provisions of this ordinance shall have committed a traffic infraction and a penalty of two Hundred fifty Dollars ($250.00) shall be imposed for first violation, five hundred Dollars ($500) for second and seven hundred fifty ($750) for each violation thereafter. Violations shall be enforced by such-authorities and in such manner as set forth in RCW 46.63 and RCW46.64. Said fine shall not apply if an emergency situation exists and the use of unmuffled engine compression brakes is necessary for the protection of persons or property. NOW THEREFORE, BE IT FURTHER ORDAINED, rescinding Ordinance 122-91 and resolutions that established signage restriction on county roads or highways related to unmuffled compression breaks. ADOPTED this_ day of , 2020. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY,WASHINGTON McKenzie Smith, Clerk of the Board Sharon Trask, Chair (7_IVE,DAS TO FORM: Randy Neatherlin, Commissioner Tim Whitehead, Ch. Deputy Prosecuting Attorney Kevin Shutty, Commissioner Title 10-VEHICLES AND TRAFFIC Chapter 10.34 UNMUFFLED COMPRESSION BRAKES Chapter 10.34 UNMUFFLED COMPRESSION BRAKES Sections: 10.34.010 Unmuffled compression brakes—Prohibited. 10.34.020 County engineer—To post signs designating areas where use prohibited. 10.34.030 Violation—Penalty. 10.34.010 Unmuffled compression brakes—Prohibited. Unmuffled compression brakes are prohibited; The application of unmuffled compression brakes in unincorporated Mason County is prohibited, except when necessary for the protection of persons and/or property, which cannot be avoided by application of an alternative braking. provided, a nn nersnn shall I Use motor yehiele brakes Whioh are Re Ft thereof, unless the braking system is equipped with a f ��I;Gtional mffler. Unmuffled engine compression brake:a motor vehicle brake which is activated or worked by the compression of the engine of a motor vehicle and which is not effectively muffled to prevent excessive noise. 10.34.020 County engineer—To post signs designating areas where use prohibited. (a) The GGUnty eRgineer shall post and maiRtaiR GigRs desigRatiRg the areas On iNhir0h the use of unmuffled Fs, and the GGURty eRgiReeF shall keep apel rn-aintain a file of a.reas so designated, and the ile shall be even to the ni NiG. (a) The county engineer shall post at reasonable locations upon the boundaries of the county signs indicating "Unmuffled Compression Brakes Prohibited", or substantially similar wording. The county engineer shall have the authority to post signs pursuant to this chapter on roads in the unincorporated areas in response to reasonable requests from the community. (b) +aveived (b) These prohibitions are in full force whether or not posted for all motor vehicles with a gross weight of 4,536 kilograms or more (10,001 pounds or more)operating on public roads. Fd. 122 91 (nort) 19911 10.34.030 Violation—Penalty. Any person or persons violating the provisions of this chapter shall have committed a traffic infraction and a penalty of one by two hundred fifty dollars shall be imposed for first violation, five hundred Dollars for second and seven hundred fifty for each violation thereafter.that any person or persons violating the provisions of this ordinance shall have committed a traffic infraction and a penalty of. Violations shall be enforced by such authorities and in such manner as set forth in RCW Chapter 46.63 and RCW Chapter 46.64. The fine shall not apply if an emergency situation exists and the use of unmuffled engine compression brakes is necessary for the protection of persons or property. ((lrrl 122-01 (part), 1991). Mason County,Washington, Code of Ordinances Page 1 Title 10-VEHICLES AND TRAFFIC Chapter 10.34 UNMUFFLED COMPRESSION BRAKES Chapter 10.34 UNMUFFLED COMPRESSION BRAKES Sections: 10.34.010 Unmuffled compression brakes—Prohibited. 10.34.020 County engineer—To post signs designating areas where use prohibited. 10.34.030 Violation—Penalty. 10.34.010 Unmuffled compression brakes—Prohibited. Unmuffled compression brakes are prohibited; the application of unmuffled compression brakes in unincorporated Mason County is prohibited, except when necessary for the protection of persons and/or property, which cannot be avoided by application of an alternative braking. Unmuffled engine compression brake:a motor vehicle brake which is activated or worked by the compression of the engine of a motor vehicle and which is not effectively muffled to prevent excessive noise. 10.34.020 County engineer—To post signs designating areas where use prohibited. (a) The county engineer shall post at reasonable locations upon the boundaries of the county signs indicating "Unmuffled Compression Brakes Prohibited", or substantially similar wording. The county engineer shall have the authority to post signs pursuant to this chapter on roads in the unincorporated areas in response to reasonable requests from the community. (b) These prohibitions are in full force whether or not posted for all motor vehicles with a gross weight of 4,536 kilograms or more(10,001 pounds or more) operating on public roads. 10.34.030 Violation—Penalty. Any person or persons violating the provisions of this chapter shall have committed a traffic infraction and a penalty of two hundred fifty dollars shall be imposed for first violation,five hundred Dollars for second and seven hundred fifty for each violation thereafter. that any person or persons violating the provisions of this ordinance shall have committed a traffic infraction and a penalty of. Violations shall be enforced by such authorities and in such manner as set forth in RCW Chapter 46.63 and RCW Chapter 46.64. The fine shall not apply if an emergency situation exists and the use of unmuffled engine compression brakes is necessary for the protection of persons or property. Mason County, Washington, Code of Ordinances Page 1 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Mike Collins, PE, PLS, County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: October 6, 2020 Agenda Item # 1� BRIEFING DATE: August 24, 2020 BRIEFING PRESENTED BY: Loretta Swanson / Mike Collins [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: MASON COUNTY CODE UPDATE TO CHAPTER 12.20: VACATION OF ROADS — HEARING BACKGROUND: At the Boards request, Public Works staff reviewed Chapter 12.20 of the Mason County Code, concerning the procedure for vacation of county roads. After reviewing surrounding County codes, Public Works staff is recommending the following updates to the County Vacation of Roads code that our outlined in the attached draft code amendment, that also includes process updates not listed below): • Changing the compensation rate for Class A roads; requiring the persons benefiting from the vacation to pay 50% of the current assessed value determined by the County Assessor or other such appraiser as deemed appropriate by County Commissioner or County Engineers to determine the value, if any value exists. • Changing the current deposit of $500 to an administrative fee to reflect current costs, that includes the notice of hearing, hearing examiner fee, and Road and staff time and recording fee. These costs are more accurately costing the County $1,000 and will no longer be a deposit, but a flat fee. RECOMMENDED ACTION: Recommend the Board of County Commissioners approve the code changes to Chapter 12.20, Vacation of Roads. Attachment: 1. Ordinance w/Exhibit A 2. Code changes ORDINANCENO. AN ORDINANCE REPLACING ORDINANCE NO. 62-07 FOR VACATION OF ROADS An ORDINANCE, amending Mason County Code, Chapter 12.20 "Vacation of Roads". WHEREAS, the Revised Code of Washington, Chapter 36.87, provides that the Board of County Commissioners may vacate county roads on its own initiative or upon petition of property owners abutting a road, and WHEREAS, Ordinances 62-07 codified as Mason County Code Chapter 12.20, set forth procedures for processing road vacations: and, WHEREAS, Mason County Code is updating these procedures as shown in the attached Exhibit "A". NOW, THEREFORE, BE IT ORDAINED by the Board of Mason County Commissioners, that Ordinances 62-07 is hereby replaced, that Mason County Code Chapter 12.20 shall be revised and amended per the attached Exhibit "A". DATED this day of 2020. ADOPTED this _ day of 2020. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY, WASHINGTON McKenzie Smith, Clerk of the Board Sharon Trask, Chair APPROVED AS TO FORM: Randy Neatherlin, Vice Chair Tim Whiteh , Ch. Deputy Prosecuting Attorney Kevin Shutty, Commissioner Exhibit A Title 12 BRIDGES AND ROADS Chapter 12.20 VACATION OF ROADS 12.20.010 Authority. County roads may be vacated in accordance with the provisions of RCW 36.87, and Mason County may require as a condition precedent to the vacation the receipt of compensation from the person or persons benefiting from the vacation. 12.20.020 Administration. The county engineer shall administer the road vacation process in accordance with RCW 36.87 and this chapter of the Mason County Code. The county engineer shall maintain and archive all records related to road vacations. 12.20.030 Public Hearing. In accordance with RCW 36.07.060 (2), road vacation public hearings shall generally be held by the Mason County Hearing Examiner who shall consider the report of the county engineer, take testimony and evidence, prepare a record of the proceedings, and present a recommendation to the Mason County Board of County Commissioners. The Board of County Commissioners may hold any road vacation public hearing when deemed appropriate by the board. 12.20.040 Classification of roads. For the purpose of vacating county roads, all roads shall be classified as follows: (1) Class A. All roads for which the right of way is an easement; (2) Class B. All roads for which the right of way is owned in fee simple and for which the county paid the full fair market value of the fee simple estate. (3) Class C. All roads that meet RCW 36.87.090 requirements. 12.20.060 Compensation. Any person or persons desiring to have any portion of any county road vacated shall be required by the Mason County Board of County Commissioners as a condition precedent to the vacation to pay the county prior to the vacation. The compensation rates include those rates set forth in Section 12.20.060, if any, and the administration fee set forth in Section 12.20.080. 12.20.060 Compensation rate. The county shall require, as a condition precedent to the vacation of roads or portions thereof within the classifications set forth in Section 12.20.040, that persons benefiting from. the vacation thereof compensate Mason County as set forth in the following schedule: (1) Class A roads. Fifty percent of the appraised value. (2) Class B roads. One hundred percent of the appraised value. (3) Class C roads. No compensation other than for the administrative fee of the vacation action. At no time will the compensation for Class A or B roads be reimbursed less than the county originally paid for the property. Exhibit A 12.20.070 Payment. Payment shall be made to the Public Works Department. 12.20.080 Administration Fee. Each petition for vacation of a road shall be accompanied by a payment of one thousand dollars ($1,000) to cover all administrative costs regardless of the County's approval of vacation. Said administrative costs shall include the costs of the Hearing Examiner in holding the public hearing and reporting recommendations to the Board of County Commissioners. 12.20.090 Appraisal -Determination of value. In the case of Class A or B, fee simple right of way, the appraised value is the current assessed value determined by the County Assessor on behalf of the County or such other appraiser as deemed appropriate by the County Commissioners or County Engineer to determine the value, if any, of the county's right of way that is requested to be vacated. The appraisal shall be prepared prior to the public hearing and shall be cited in the county engineer's report. '4 t Title 12 BRIDGES AND ROADS Chapter 12.20 VACATION OF ROADS 12.20.010 Authority. County roads may be vacated in accordance with the provisions of RCW 36.87, and Mason County may require as a condition precedent to the vacation the receipt of compensation from the person or persons benefiting from the vacation. 12.20.020 Administration. The county engineer shall administer the road vacation process in accordance with RCW 36.87 and this chapter of the Mason County Code. The county engineer shall maintain and archive all records related to road vacations. 12.20.030 Public Hearing. In accordance with RCW 36.07.060 (2), road vacation public hearings shall generally be held by the Mason County Hearing Examiner who shall consider the report of the county engineer, take testimony and evidence, prepare a record of the proceedings, and present a recommendation to the Mason County Board of County Commissioners. The Board of County Commissioners may hold any road vacation public hearing when deemed appropriate by the board. 12.20.040 Classification of roads. For the purpose of vacating county roads, all roads shall be classified as follows: (1) Class A. All roads for which the right of way is an easement; (2) Class B. All roads for which the right of way is owned in fee simple and for which the county paid the full fair market value of the fee simple estate. (3) Class C. All roads that meet RCW 36.87.090 requirements. 12.20.050 Compensation. Any person or persons desiring to have any portion of any county road vacated shall be required by the Mason County Board of County Commissioners as a condition precedent to the vacation to pay the county prior to the vacation. .ThThe-avr"'r 138Rsati�n'lall in ode, but PGt be 1knoted to, the appraised fair maFket value of the GOURty'S fee sample inteFest in the VaGated Fead as of the effeGt've date of the vaGation, and the GGStS of aRy and all appraisals deemed in holding the publio he. rino �nrl r ertinn reoommendations to the BeaFd of Ge,inty Commissioners. SUGh GE)rnpensatmen must be paid to Masen County within SOX ME)Rths Of the null and The compensation rates include those rates set forth in Section 12.20.060, if any, and the administration fee set forth in Section 12.20.080. 12.20.060 Compensation rate. The county shall require, as a condition precedent to the vacation of roads or portions thereof within the classifications set forth in Section 12.20.040, that persons benefiting from the vacation thereof compensate Mason County as set forth in the following schedule: (1) Class A roads. No o e sat,on ether than for the adMinictFatiye oosts of the vaGatien ; Fifty percent of the appraised value. (2) Class B roads. One hundred percent of the appraised value. (3) Class C roads. No compensation other than for the administrative fee of the vacation action. At no time will the compensation for Class A or B roads be reimbursed less than the county originally paid for the property. 12.20.070 Manner- of.,,•,.. en . Payment. Payment shall be made to the Mason County treasurer Public Works Department. and may fund.be GFedited to the GGURty Fead fund On these Gases wheFe the Fight of way was obtained the road fURGI, and IR all otheF Gases, shall be Gredited te the GOunty GUrrent expense 12.20.080 Deposit.Administration Fee. Cosh petition fnr yaGatien of o read shell be aGGE)rnpaRied by a bend eF Gash depesit of report, , eXGeeds the tatal GGStS, the GXGGss deposit shall be refURded te the petitioner. For any petition,the eXGess shall be billed U) the petitioner on be due anal payable immerliotely ed Each petition for vacation of a road shall be accompanied by a payment of one thousand dollars ($1,000)to cover all administrative costs regardless of the County's approval of vacation. Said administrative costs shall include the costs of the Hearing Examiner in holding the public hearing and reporting recommendations to the Board of County Commissioners. 12.20.090 Appraisal - Determination of value. In the case of Class A or B, fee simple right of way, the appraised value is the current assessed value determined by the County Assessor on behalf of the County or such other appraiser as deemed appropriate by the County Commissioners or County Engineer to determine the value, if any, of the county's right of way that is requested to be vacated. T44e land yaGaterl as determined by the GG Rty Asseccer at the time of yaGatiGR The appraisal shall be prepared prior to the public hearing and shall be cited in the county engineer's report. 12.20.100 Appraisal Value Offirser for County AppFaisalo shell be merle by the nounty assess E)F