HomeMy WebLinkAbout2021/04/13 - Regular Packet Board of Mason County Commissioners
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Draft Meeting Agenda
Commission Chambers
411 N 5th St, Shelton, WA 98584
April 13, 2021
9:00 a.m.
Our Commission meetings are live streamed at http://masonwebtv.com/
Pursuant to Proclamation by the Governor 20-28.15, in person attendance to Commission meetings is
temporarily restricted. During this time, we will accept public comment and testimony using Zoom.
Please click the Zoom meeting link posted on the Mason County homepage and use the"raise hand"feature
to be recognized by the Chair to provide your comments and testimony.
You can also e-mail msmith@co.mason.wa.us; mail in to the Commissioners'Office at 411 N 5th St, Shelton,
WA 98584; or call (360) 427-9670 ext. 230.
If you need to listen to the Commission meeting via telephone, please provide your telephone number to
the Commissioners'Office no later than 4:00 p.m. the Friday before the meeting.
These options are available only while COVID-19 Open Public Meetings Act(OPMA) meeting restrictions are
in place.
1. Call to Order
2. Pledge of Allegiance
3. Roll Call
4. Correspondence and Organizational Business
4.1 Correspondence
4.2 Proclamation — National Public Safety Telecom municators Week by Cmmr. Shutty
5. Open Forum for Citizen Input
Please see above options to provide public comment. These options are only available while COVID-19 OPMA
meetings restrictions are in place.
6. Adoption of Agenda
Items appearing on the agenda after'Item 10. Public Hearings"maybe be acted upon before 9:15 a.m.
7. Approval of Minutes— March 2, 2021; March 16, 2021; and March 30, 2021 Regular Minutes
8. Approval of Action Agenda
Items listed under'Action Agenda"may be enacted by one motion unless a Commissioner or citizen requests an
item be removed from the Action Agenda and considered a separate item.
8.1 Approval of Warrants &Treasure Electronic Remittances
Claims Clearing Fund Warrant # 8078593-8078967 $ 477,427.47
Direct Deposit Fund Warrant # $
Salary Clearing Fund Warrant # $
Treasure Electronic Remittances $ 166,899.82
8.2 Approval to call for a Request for Proposals to obtain a contractor to provide $5,000 worth of
essential items or services equally split between the North end of the County and the South end
of the County to the poor or infirm with a preference towards veterans.
8.3 Approval of the Resolution creating a five-member Redistricting Citizens Advisory Committee
consisting of two members nominated by the Mason County Democratic Party, two members
nominated by the Mason County Republican Party, and a non-voting Chair selected by the
previous four members. The Mason County Auditor's Office shall provide staff to support this
Committee.
8.4 Approval of the contract between Karpel Solutions and the Mason County Public Defender's
Office for Defender software and installation.
8.5 Approval to apply for a grant from Homeland Security/Federal Emergency Management Agency
for a fully-equipped 29' Lifeproof Response patrol vessel suitable for operation in the Puget
Sound.
8.6 Approval to set a Public Hearing for Tuesday, May 25, 2021 at 9:15 a.m. to inform citizens of
the availability of funds and eligible uses of the state Community Development Block Grant
(CDBG) and receive comment on proposed activities specifically funding the Community Action
Council of Lewis, Mason, and Thurston Counties as well as receive comments on the 2020
program.
8.7 Approval of the Resolution adopting the Mason County Commission Correspondence Policy for
inclusion in the Mason County Code.
8.8 Approval of the Consolidated Homeless Grant for the Housing and Essential Needs Program
Contract # 20-46108-20 Amendment B with the Department of Commerce and Contract #
CAC:2019-2021.1 Amendment 3 with Community Action Council.
8.9 Approval to set a Public Hearing for Tuesday, May 11, 2021 at 9:15 a.m. to consider approval of
an Ordinance combining existing shellfish protection districts into a single district model and
establish a reliable funding mechanism. The Ordinance includes revisions to Mason County
Code Titles 3 and 6, adding Chapter 6.88 and revising Chapter 3.172.
8.10 Approval to designate the Mason County Economic Development Council as Mason County's
Associate Development Organization (ADO) for the 2021-2023 Biennium,
8.11 Approval of Subaward Agreement # GRT21689 between Washington State Administration Office
of the Courts and Mason County Superior Court to increase services to Family Recovery Court
with funding for additional staff hours.
8.12 Approval of the Private Line Occupancy Permit granting permission to run utility lines under and
across NE North Shore Road for address 9661 NE North Shore Road parcel # 32224-51-01002.
8.13 Approval to set a Public Hearing for Tuesday, May 11, 2021 at 9:15 a.m. to amend the 2021
Annual Construction Program and 2021-2026 Six-Year Transportation Improvement Program.
8.14 Approval to authorize the Deputy Director for Public Works/Utilities and Waste Management to
advertise a Request for Proposals for the hauling of biosolids and execute a two-year agreement
with the option to renew.
8.15 Approval to subcontract with Crossroads Housing and Shelton Youth Connection to administer
the Treasury Rent Assistance Program Grant for funds in the amount of$3,459,027 intended to
prevent evictions. Funds are administered by the Local Government Corona virus Relief fund
through the Washington State Department of Commerce.
8.16 Approval to authorize Frank Pinter, Support Services Director, to apply to the Department of
Commerce via the Zoom Grant Application Process by April 30, 2021 for the CARES Act
Community Development Block Grant(CDBG) CV2 Coronavirus grant to extend and enhance the
CVI program for Mason&Lewis Counties through Community Action Council of Lewis, Mason,
and Thurston Counties as subrecipient using CV2 funds.
8.17 Approval to reclassify the Administrator, Probation&Juvenile Services from Salary Range 40 on
the Non-Represented Salary Scale to Chief Superior Court Administrator at Salary Range 43 and
place the incumbent in Step 3 effective April 16, 2021; eliminate the Superior Court
Administrator position on the Non-Represented Salary Scale, upon retirement of the incumbent;
and create, post, and fill a Juvenile Detention Manager position at Salary Range 29 on the Non-
Represented Salary Scale.
8.18 Approval for the Chair to sign the letter to the County Road Administration Board that returns
Rural Arterial Program grant funding for County Road Project 1993—Shelton Matlock culvert
replacement project at milepost S.03.
9. Other Business (Department Heads and Elected Officials)
10. 9:15 a.m. Public Hearings and Items Set for a Certain Time
Please see above options to provide public testimony. These options are available only while COVID-19 OPMA
meeting restrictions are in place.
No Public Hearings set at this time.
11. Board's Calendar and Reports
12. Adjournment
ollerl<
MASON COUNTY
TO: BOARD OF MASON COUNTY COMMISSIONERS Reviewed:
FROM: Ginger Kenyon Ext. 380
DEPARTMENT: Support Services Action Agenda
DATE: April 13, 2021 No. 4.1
ITEM: Correspondence
4.1.1 Jim Morrell CEO at Peninsula Credit Union sent in a letter regarding HB 1590.
4.1.2 Washington State Liquor and Cannabis Board sent in the following a
Marijuana License Application for Laughing Grass Marijuana Productions,
Change of Location for Twisted Sisters Garden, a Liquor License for Westside
Pizza in Belfair.
4.1.3 Received an emergency action plan update and annual status report,
Cushman project from the Federal Energy Regulatory Commission.
4.1.4 Public Utility District NO. 1 of Mason County sent in a letter regarding
Canyonwood Beach Water System.
Attachments: Originals on file with the Clerk of the Board.
Cc.CMMRS Neatherlin, Shutty, Trask
Clerk
it
Peninsula _
C R E D I T U N I O N xr.0
March 29, 2021
t.. L
Mason County Commissioners Mason runty
411 N. 5 1h Street stoners
Shelton,WA 98584
In 2019,Peninsula Credit Union and Mason County signed a Memorandum of Understanding that
recognized the benefits our respective organizations can pursue to preserve our community's health,
safety, and welfare by addressing the challenges of housing availability and affordability.
We know there is a housing crisis across the United States. Mason County is not immune to this
challenge, far under producing the number of housing stock necessary for the growing number of
families.
Along a housing option continuum, homelessness cannot move to emergency shelters or transitional
housing options if the funding necessary to operate those options is not available.This places additional
pressure on mental and behavioral health providers to support growing populations.The capacity of
public housing in Mason County is"full" and the inventory for affordable rental housing or
homeownership is insufficient to meet the demand.This leaves market rate rental housing and market
rate home ownership which both are seeing the prices for each escalate due to lack of inventory.
As a Community Development Financial Institution (CDFI), we work with many of the 41%of Mason
County Households who are living at or below a household survival budget of$50,000 or less.The
largest pressure on household budgets at any level is the cost of housing(i.e. rent/mortgage payments,
utilities,and property taxes). We see this every day when working with our members to improve their
financial lives.
Improving housing affordability by increasing inventory and,thereby,decreasing the cost burden of
housing will open up transitional and public housing options,thereby lessening the increase of growing
social service costs to the County.
To this end,there are many benefits that can result from your positive consideration of HB 1590.
Utilizing the tolls provided for in HB 1590 for additional revenue,and sharing a portion with the City of
Shelton,can help provide funding to address housing affordability as well as mental and behavioral
health services.
Sincere y,
/ im Morrell
President/CEO
P.O. Box 2150• 524 W Railroad • Shelton,WA 98.584 • 360.426.1601 • Fax 360.427.7174
Toll Free 1.800.426.1601 • www.pcfcu.org
NCUA f
Cc:CMMRS Neatherlin, Shutty, Trask
Washington State Clerk D a3(nd w A.�a4see
Liquor and Cannabis Board k,paoey\
NOTICE OF MARIJUANA LICENSE APPLICATION
WASHINGTON STATE LIQUOR AND CANNABIS BOARD
License Division - P.O. Box 43098
Olympia,WA 98504-3098
Customer Service: (360) 664-1600
Fax: (360) 753-2710
Website: http://Icb.wa.gov
RETURN TO: localauthority@sp.lcb.wa.gov
OCE
TO: MASON COUNTY COMMISSIONERS OCE DATE: 4/01/21
RE: ASSUMPTION APPLICANTS:
From LAUGHING GRASS MARIJUANA PRODUCTION AND PR
Dba LAUGHING GRASS MARIJUANA PRODUCTION AND PR GREAT HARVEST LLC
CHEN, HUANSHENG
License: 414145 -7A County:23 1972-02-06
U B I:604-667-077-001-0001
Tradename:GREAT HARVEST LLC
Loc Addr: 420 E MILLWRIGHT RD
SHELTON,WA 98584
Mail Addr: 13400 INTERURBAN AVE S
TUKWILA,WA 98168-3330kR �^
Phone No.: r^
Privileges Applied For: Mason County
MARIJUANA PRODUCER TIER 2 Co
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 314-09-060 for information about this process)
4. If you disapprove,per RCW 69.50.331(7)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
Washington State Clerk 0-(A)1 v14 DM U
1 Ll deLLiquor and Cannabis Board K
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
TO: MASON COUNTY COMMISSIONERS DATE: 4/02/21
RE: CHANGE OF LOCATION APPLICATION
from TWISTED SISTERS GARDENS
9444 LUNDEEN RD SW STE B
ROCHESTER, WA 98579-9008 APPLICANTS:
License: 415672 -7A County: 23 TWISTED SISTERS GARDENS LLC
UBI: 603-357-630-001-0003 HADDON, DENNIS
Tradename: LUNA NW 1941-11-19
New Loc: 160 W WESTFIELD COURT UNIT E-1 HADDON, MITZI
SHELTON,WA 98557 (Spouse) 1944-08-08
Mail: 7419 FAIR OAKS RD SE /�
OLYMPIA, WA 98513-5122 R E E.-
Phone No.: 360-970-3579 1 ; 1
Privileges Applied For:
MARIJUANA PRODUCER TIER 1 Mason County
MARIJUANA PROCESSOR Commissioners
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
t Washington State Clerk Q,WIn,Q6-m A--pit1ret%
Liquor and Cannabis Board P1-sla'lJ -
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: 4/05/21
U B I: 604-520-744-001-0001
License: 430343 -2N County: 23 APPLICANTS:
Tradename: WESTSIDE PIZZA WSP1 LLC
Loc Addr: 23730 NE STATE ROUTE 3 HALL, JARED
BELFAIR WA 98528-9814 1979-12-29
HALL, LORA
Mail Addr: 510 SERPENTINE AVE (Spouse) 1990-06-25
SEQUIM WA 98382-8913
Phone No.: 360-393-5051 JARED HALL
Privileges Applied For:
DIRECT SHIPMENT RECEIVER-IN WA ONLY !�
BEERM/INE REST-BEER/WINE
W-Son COu ty
C of rn ri;S S i riii C S
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
Clerk
FEDERAL ENERGY REGULATORY COMMISSION
Office of Energy Projects
Division of Dam Safety and Inspections—Portland Regional Office
805 SW Broadway, Suite 550
Portland, Oregon 97205
(503) 552-2700
3/19/2021
In reply refer to:
P-460
VIA Electronic Mail � �
Mr. Chris Mattson
Generation Manager
Tacoma Public Utilities Mason County
cmattson@ci.tacoma.wa.us Cornrnissioners
Subject: Emergency Action Plan Update and Annual Status Report, Cushman Project
Dear Mr. Mattson:
This letter is to acknowledge the following letters from you regarding the
Cushman Project, FERC No. 460:
Letter Date Documents) Transmitted
November 13, 2020 Emergency Action Plan (EAP) October 2020 Update
December 28, 2020 2020 Emergency Action Plan (EAP) Annual Status Report
We have reviewed the information provided and have the following comment:
1. Since the Sudden Failure Assessment shows an Excess Response Time (ERT) of
15 minutes or less, please include the following in future Annual EAP Status
Reports:
a. Whether any public education is being provided to those residents within
the 15-minute threshold.
b. The frequency of providing public education on safety practices.
c. An explanation of the mitigation practices in place to alert and evacuate
residents in the event of an emergency.
The Commission strongly encourages electronic filing. Please file submittals to
this office using the Commission's eFiling system and, if required, provide two hard
2
copies to this office. The Hydropower Filing Guide, which is available at the web address
below, contains information on how to use the eFiling system and guidance on which
dam safety submittals require hard copies.
https://www.ferc.gov/sites/default/tiles/2020-04/filing uideHydro.pdf
Y
Note: The Portland Regional Office is currently encouraging extended telework
for all staff due to COVID-19. While the office will be OPEN during this time, there may
not be staff present in the office at all times during regular business hours. Since we will
have limited physical presence in the office, we are temporarily suspending the
requirement to send 2 hard copies of the items listed in the Hydropower Filing
Guide. For several types of submittals, we request that you prepare and set aside the
hard copy so you can provide it to us after we return to normal operations; these
items include construction plans and specifications, Public Safety Plans,Emergency
Action Plan Reprints and Revisions, and Supporting Technical Information
Reprints and Revisions. If you have a large document that cannot be e-filed, we request
that you coordinate directly with the project engineer, listed below, to ensure that we are
able to receive the filing.
Thank you for your continued cooperation and interest in dam safety. If you have
any questions, please contact Mr. Daniel Klein of this office at (503) 552-2707.
Sincerely,
Douglas L. Johnson, P.E.
Regional Engineer
Cc:CMMRS Neatherlin, Shutty, Trask
Clerk
z�''MASON COUNTY PUBLIC UTILITY DISTRICT NO. 1 BOARD OF COMMISSIONERS
OF MASON COUNTY MIKE SHEETZ,Commissioner
N. 21971 Hwy. 101 JACK JANDA,Commissioner
n
Shelton,Washington 98584 RON GOLD,Commissioner
WELL HEAD PROTECTION NOTICE
Canyonwood Beach Water System
March 2021
Dear Property Owners, Mason County
Commissioners
The purpose of this letter is to inform you about the Well Head Protection Zones in the
Canyonwood Beach water system. The water source (well) is protected by a 100-foot covenant
radius, within which no sources of contamination are allowed and are ranked by the Washington
State Department of Health as "moderate" susceptibility, meaning they are not extremely
susceptible to contamination, nor are they extremely well protected from contaminations, due
to the natural geology of the area.
Beyond the 100-foot covenant areas, are the wellhead protections zones. Private properties
may be located within the well head protection zones, which are greater than the 100-foot
radius, and care should be taken to avoid contaminating the soil and groundwater. Septic
maintenance is key to achieving this. A properly used and operating septic tank and drain field
system should not pose a significant threat to wells more than a few hundred feet from the
drain field. However, septic tanks and drain fields are not designed for disposal of solvents, paint
thinners, antifreeze, motor oil, or other chemical wastes. Therefore, disposal of any such
inappropriate waste to your septic tanks/drain field system or unproperly disposed of at all,
could potentially contaminate groundwater and impact the wells in the area.
The enclosed map shows the six-month and one, five and 10-year "time-of-travel" boundaries
for the wellhead protection area. Any groundwater contamination that occurs within this
wellhead protection area has a high potential to reach one or more of our wells.
The PUD asks our customers and neighbors to please be diligent in protecting the well covenant
zones.Visit Mason County's website for information on how to properly dispose of hazardous
wastes. They accept some household hazardous wastes for free on weekends.
http://www.co.mason.wa.us/utilities-waste/solid-waste/garbage-disposal.phl2
Please contact me at (360) 877-5249 if you have any questions.
4� ►•,~rl
Sincerely, ,.
+ C3
Brandy Milroy —
Water Resource Manager
i it P
Enc: Well Head Protection Zone Map for Canyonwood Beach � ram--
cc: WSDOH and Canyonwood Beach Well Head Protection File -< -0
(360)877-5249 * (800)544-4223•FAX(360)877-9274
www.mason-pudl.org
Legend
Wellhead
ZONE OF
CONTRIBUTION:
_6 MONTH
1YEAR
5YEAR
10 YEAR
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3 " Canyonwood Beach Water
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WATER SYSTEM PLAN
FIGURE 5-1
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1854
Proclamation
National Public Safety Telecommunicators Week
April 11-17, 2021
Whereas emergencies can occur at any time that require police, fire or emergency medical
services; and,
Whereas when an emergency occurs the prompt response of law enforcement officers,
firefighters and emergency medical personnel is critical to the protection of life and preservation
of property; and,
Whereas the safety of our law enforcement officers, firefighters and emergency medical
personnel is dependent upon the quality and accuracy of information obtained from residents who
telephone the Macecom emergency communications center; and,
Whereas Public Safety Telecommunicators are the first and most critical contact our residents
have with emergency services; and,
Whereas Public Safety Telecommunicators are the single vital link for our law enforcement
officers and firefighters by monitoring their activities by radio, providing them information and
ensuring their safety, and,
Whereas Public Safety Telecommunicators of Macecom have contributed substantially to the
apprehension of criminals, suppression of fires and treatment of patients, and,
Whereas each dispatcher has exhibited compassion, understanding and professionalism during
the performance of their job in the past year, especially under difficult circumstances,
Therefore Be It Resolved that the Board of County Commissioners declares the week of April 11
through 17, 2021, to be National Public Safety Telecommunicators Week in Mason County in
honor of the dispatchers whose diligence and professionalism keep our community and residents
safe.
Signed this_day of 2021
BOARD OF MASON COUNTY COMMISSIONERS
Randy Neatherlin Sharon Trask Kevin Shutty
Chair Commissioner Commissioner
Board of Mason County Commissioners
Proceedings
Commission Chambers
,. 411 N 51h St, Shelton, WA 98584
March 2, 2021
1. Call to Order—The Chairperson called the regular meeting to order at 9:02 a.m.
2. Pledge of Allegiance — Cmmr. Trask led the flag salute.
3. Roll Call — Present: Present: Commissioner District 1 — Randy Neatherlin; Commissioner
District 2 — Kevin Shutty; Commissioner District 3 — Sharon Trask.
4. Correspondence and Organizational Business
4.1 Correspondence
4.1.1 Ken VanBuskirk sent in a letter regarding the Belfair sewer extension.
4.1.2 Washington State Liquor and Cannabis Board sent in a Marijuana License for Good Job
Farms, LLC.
4.1.3 Federal Energy Regulatory Commission sent in a letter for Supporting Technical Information
Document (STID) Update Plan and Schedule for the Cushman Project.
4.1.4 Cheryl Williams sent in a Board of Equalization Advisory Board application.
4.2 Cmmr. Trask presented a News Release for Mason County Board of Health Position Openings.
4.3 Kell Rowen presented a News Release for Planning Advisory Commission Vacancy.
5. Open Forum for Citizen Input
No citizen input.
6. Adoption of Agenda
Cmmr. Trask/Shutty moved and seconded to adopt the agenda as published. Motion
carried unanimously. N-aye; S-aye; T-aye.
7. Approval of Minutes
Cmmr. Shutty/Trask moved and seconded to adopt the February 16, 2021 Regular
Meeting Minutes and February 22, 2021 Briefing Minutes as presented. Motion carried
unanimously. N-aye; S-aye;T-aye.
8. Approval of Action Agenda
8.1 Approval to sign the five-year Interlocal Agreement between the City of Shelton, Shelton School
District, and Mason County Parks and Trails for the Skate Park to be operated and maintained
by the City of Shelton.
8.2 Approval of Warrants and Treasure Electronic Remittances
Claims Clearing Fund Warrant # 8077856-8077944 $ 830,842.38
Direct Deposit Fund Warrant # 75413-75802 $ 836,553.68
Salary Clearing Fund Warrant # 7005755-7005779 $ 596,381.32
Treasure Electronic Remittances $
8.3 Approval of the Amendment extending the end date of the Interlocal Agreement between the
Thurston-Mason Behavioral Health Organization and the Prosecuting Attorney's Office to fund
Prosecutor's services and costs related to involuntary treatment court to December 31, 2021.
8.4 Approval to renew Building Services contracts with Townzen &Associates, Inc. and CodePros,
LLC for plans examining and building inspections for 2021.
8.5 Approval of Road Vacation No. 404 vacating a portion of NE Roy Boad Road right of way that
lays within the property lines of Assessor Parcel # 12328-23-00011.
8.6 Approval for Public Works to procure a tilt bed equipment trailer from Capital Industrial off of
the Washington State Contract for$35,127.50.
8.7 Approval for the Public Works Director to procure a forester and enter into an agreement,
declare timber surplus sale notices for timber thinning and harvesting, advertise, set bid
opening dates and times, and award contracts.
8.8 Approval of the Private Line Occupancy Permit granting permission to run the utility lines under
and across NE Haven Lane and NE Rhododendron Boulevard for address 11 NE Haven Lane,
parcel # 22330-50-00080.
Cmmr. Shutty/Trask moved and seconded to approve action items 8.1 through 8.8 with
the exception of item 8.5. Motion carried unanimously. N-aye; S-aye; T-aye.
Item 8.3
Cmmr. Shutty commented this item extends the relationship with Thurston-Mason Behavioral Health
Administrative Service Organization to fund involuntary treatments within the County and approves
the Prosecuting Attorney contract. Contracts have also been approved for Public Defense and the
Courts.
Item 8.5
Ken VanBuskirk asked if the applicant was notified of the hearing today and for item 8.5 to be pulled.
Joe Frawley, the representative, was notified and present on the Zoom meeting.
Loretta Swanson shared this proposal is to vacate a right-of-way (ROW) originally established in 1888
and effectively abandoned with the construction of State Route 3 (SR3). Properties to the north of
this proposed vacation area are currently served by an easement through this property. This vacation
is in accordance with RCW 36.87 and Mason County Code 12.20. Petition was deemed sufficient and
application fees paid. The application was originally made in August 2019 and briefed before
Commissioners in August 2020 where Resolution 2020-61 was passed. A Hearing was held October
14, 2020 and recommendation from the Hearings Examiner was issued November 23, 2020. Per RCW
36.87.050, proper notice was given as well as direct mail to 40 properties adjacent or near the vicinity
of the proposed vacation. Commissioners previously asked what the utility use of the abandoned
ROW to connect to SR3 is and the cost to replace the ROW if it were to be vacated would be?
Mike Collins presented information about a potential single lane offshoot from SR3. There are three
potential options: (1) would connect to existing gravel road, (2) would come off of the PCI property
and cross Eger into Johnson, and (3) would connect directly to Roy Boad Rd. Overall cost for actual
construction is in the millions. Permits from Washington State Department of Transportation
(WSDOT) could be a concern and the Department of Transportation (WSDOT) does not have potential
plans for an offramp here due to the main focus being the freight corridor.
Ken VanBuskirk asked how much beyond PCPs property has already been vacated, if there are any
structures involved, and if the applicants can continue their project if the road is not vacated. Mike
responded Burnish and Chung are not vacated and a 500'strip on Quincy has been vacated but not
needed, one home constructed in the middle of the original path, and anything can be built for the
right amount of money.
Richard Eger asked if the gravel road around the ROW, a sharp 90-degree turn, was considered. Mike
answered an additional easement of 900'to 1,400'would be needed for a smoother transition.
Cmmr. Neatherlin asked if research has been done to check if there are other easements or accesses
to the Chung, Fisher, and Furnish properties. Mike shared that a gravel road passes through providing
additional access.
Drew Davies asked for the actual construction cost difference between using the gravel road and using
Roy Boad Road, the traffic impact, and how properties along a one-way high-speed exit would be
accessed. Mike estimates a $5-10 million-dollar project either way, longer construction, and
2 IMarch 2 , 2021 Commission Minutes
purchasing additional ROW; traffic has not been analyzed; and at the lower end, it would be a two-
lane road.
David Overton asked where to find this project in the County's road plan, the construction timeline,
and what the sight distance is for driveways. David did a transportation study with WSDOT and this
project was not anticipated. He also asked what the distances are between the entrance and if it will
impact his project. Mike answered this is in the concept stage and not on transportation plans or 6-
Year TIP. The existing driveways could be joined with the offramp and DOT would have distance
requirements.
Cmmr. Neatherlin referred to a map showing an end point, however another 400'would need vacated
and the document provided to the Hearings Examiner said the ROW north had already been vacated.
Mike previously showed alignment of the ROW going past the railroad grade and the document was
meant to say the ROW immediately to the north had been vacated however, Chung, Furnish, and
Fisher has not been vacated. Chung and Furnish's deeds show access for residents north of them.
Eli Furnish asked if the water flow and drainpipe running under HWY3 by McDonald's was studied.
Roy Boad Road and Clifton Lane cannot handle more traffic, especially during peak times.
Testimonies
Ken VanBuskirk heard Cmmr. Neatherlin mention the applicant could still build if the road is not
vacated and asked if the applicant submitted a conceptual site plan for that. When the 100-apartment
application was first announced in 2018 he testified against the rezone. He then testified against
removing the 10-year logging moratorium which technically did not expire until 2024, the vacation to
protect the Irene Pond mitigation and seasonal and perennial stream flow, and did not challenge the
Hearings Examiner's decision.
Richard Eger shared concerns about vacating public property for private interest and profit and used
Paine Field and the roundabout as examples for why the future should be taken into consideration.
David Overton encouraged the Commissioners to revisit the section regarding placeholder for future
connectivity evaluation in the Belfair mobility plan which studied and recommended Newkirk and Roy
Boad Road as a future connection and extension of Log Yard Road to Old Belfair Highway. The ROW
has no value if WSDOT has not given a positive indication that they would allow a connection, the only
value is connecting into the state facility. His greatest concern is the County standing in the way of a
project the community needs.
Drew Davies shared concerns about a busy road through residential properties. The apartments
would be a big financial help towards the sewer system. A connector 100 yards from the existing
highway will not improve traffic, however a project that creates jobs and housing is desperately
needed.
Eli Furnish mentioned to build the off ramp, a large part of his property would be used which is
detrimental to wildlife. Traffic congestion would be an issue, it is difficult and dangerous as it is.
Butch Boad believes the amount of County road impacted by an offramp is an important feature not
talked about. The County needs to study current traffic and potential growth. Giving up this ROW
would be very shortsighted.
Joe Frawley reiterated the benefits the apartments would bring to Belfair—jobs and added funding for
the sewer. This will not change the neighbors'access, they are committed to working with them and
the County, but rather maintain and improve the existing access.
Judy Scott asked the Commission to vote against this vacation.
3IMarch 2 , 2021 Commission Minutes
Commissioner Discussion
Cmmr. Neatherlin shared the map used for the Hearing and pointed to a part of the road not shown.
The ROW north was said to be vacated, however it is not. At minimum, this information should be
sent back to the Hearings Examiner to make a proper decision. This should have gone through the
Transportation Improvement Program Citizens Advisory Panel (TIPCAP). The road has been
considered in plans at different times. At this time, the priority is widening the road and putting in a
bypass. The property was purchased 18 months before the vacation was requested.
Cmmr. Shutty stated there is no willing partner in DOT. DOT testified against this because they have
no plans for a connection with SR3. Why has this not been included in planning documents, the one-
year or six-year TIP plan, SR3 widening projects, or the connecting Washington transportation
package in 2015? It is concerning to have this now surface to the extreme detriment of a need for
housing, opportunity and jobs. This alignment originated in 1888 and has not been used as a road in
decades, on any planning document he has seen, or in the 2018 mobility plan. The Examiner's report
found this vacation increases the utility of the property meaning increasing usefulness and creating
public benefit via utility connection, housing,jobs, fire, school, and water districts, and sewer system.
The 2018 mobility plan "concluded a connection to SR3 is not recommended due to significant cuts
and fills to alleviate very steep slopes that abut SR3". TIPCAP has never reviewed a road vacation.
Cmmr. Trask shared that she walked the property with engineers to discuss alternate routes, went
over documents, studied maps, and spoke with the County attorney to make sure we are litigation-
proof. She also checked with the Public Works Board with the Department of Commerce to clarify this
was not a conflict of interest for Cmmr. Neatherlin since he owns property on Roy Boad Road. The
2018 mobility plan did not say Roy Boad Road was significant or a possible connector also due to
wetlands, fish bearing streams, steep slopes, unstable soils, and existing building patterns. Newkirk
Road was the only road recommended as a connector. Affordable housing is needed and she supports
this vacation.
Cmmr.Trask/Shutty moved and seconded approval of Road Vacation No. 404 vacating a
portion of NE Roy Boad Road right of way that lays within the property lines of Assessor
Parcel # 12328-23-00011 also to continue allowing access to those beyond it to not be
landlocked. Motion carried. N-nay; S-aye;T-aye.
9. Other Business (Department Heads and Elected Officials)
No other business.
10. 9:15 a.m. Public Hearings and Items Set for a Certain Time
Please see above options to provide public testimony. These options are available only while COVID-19 OPMA
meeting restrictions are in place.
10.1 Public Hearing to consider the franchise agreement between Mason County and the City of
Shelton to construct, operate, and maintain their water system on county roads within the City
of Shelton city limits and the Urban Growth Area. Staff: Mike Collins
Mike Collins shared this franchise renewal application is from the City of Shelton and includes a
provision for automatic renewal of up to three 10-year terms, language was cleaned up, and is
asking the Board to approve this franchise agreement.
Cmmr. Shutty/Trask moved and seconded to approve and execute franchise
agreement between Mason County and the City of Shelton to construct, operate,
and maintain their water system on county roads within the City of Shelton city
limits and the Urban Growth Area. Motion carried unanimously. N-aye; S-aye; T-
aye.
4IMarch 2 , 2021 Commission Minutes
11. Board's Calendar and Reports—The Commissioners reported on meetings attended the past
week and announced their upcoming weekly meetings.
12. Adjournment—The meeting adjourned at 10:37 a.m.
BOARD OF COUNTY COMMISSIONERS
ATTEST: MASON COUNTY, WASHINGTON
McKenzie Smith, Clerk of the Board Randy Neatherlin, Chair
Kevin Shutty, Commissioner
Sharon Trask, Commissioner
5IMarch 2 , 2021 Commission Minutes
Board of Mason County Commissioners
Proceedings
Commission Chambers
,. 411 N 5th St, Shelton, WA 98584
March 16, 2021
1. Call to Order—The Chairperson called the regular meeting to order at 9:01 a.m.
2. Pledge of Allegiance —Cmmr. Trask led the flag salute.
3. Roll Call — Present: Present: Commissioner District 1 — Randy Neatherlin; Commissioner
District 2— Kevin Shutty; Commissioner District 3 — Sharon Trask.
4. Correspondence and Organizational Business
4.1 Correspondence
4.1.1 Phillips Lake Community Association sent in a letter saying thank you for the recent tree
work at Phillips Lake Park.
4.1.2 Jamie Queen and Katherine McLean sent in Lewis-Mason-Thurston Area Agency on Aging
(LMTAAA)Advisory Board applications.
4.1.3 Mary Jo Cady, Dale Murphy, Brad Byerly, Richard Eger, Richard Frohlich, Butch Boad, Fred
Gold, Eli Furnish, and Drew Davies sent in letters regarding the vacation of Roy Boad Road
and the Belfair Sewer Loan and Extension.
4.1.4 Debbie Olig sent in an application for the Timberland Regional Library Board of Trustees.
4.1.5 Washington State Liquor and Cannabis Board sent in the following: Marijuana License for
47EB, LLC., and Liquor and Marijuana Licenses due to expire.
4.1.6 Ken VanBuskirk sent in a letter regarding the Gorst Coalition Memorandum of Understanding
and Resolution supporting regional approaches to infrastructure.
4.1.7 Kamilche Sea Farms sent in a letter regarding the housing crisis in Mason County.
4.1.8 The League of Women Voters of Mason County mailed in a letter regarding House Bill 1590.
4.1.9 Kyle Cronk from the South Sound YMCA sent in a letter on affordable housing.
4.2 Cheryl Heywood presented the Timberland Regional Library's Annual Report.
4.3 Alex Paysse presented a News Release for Onsite Sewage Advisory Committee Vacancy.
5. Open Forum for Citizen Input
Ken VanBuskirk encourages the Commissioners to review the Planning Commission workshop on
Belfair EIS and Subarea Plan update he attended. He was happy critical areas in the UGA are
under consideration for review, especially those down Old Belfair Highway. However, he is
disappointed with the draft alternatives because they do not truly represent community vision and
feels community outreach needs strengthened.
6. Adoption of Agenda
Cmmr. Shutty/Trask moved and seconded to adopt the agenda as published. Motion
carried unanimously. N-aye; S-aye; T-aye.
7. Approval of Minutes
Cmmr.Trask/Shutty moved and seconded to adopt the February 23, 2021 Regular
Meeting Minutes and March 8, 2021 Briefing Minutes as presented. Motion carried
unanimously. N-aye; S-aye; T-aye.
8. Approval of Action Agenda
8.1 Approval of Eviction Rent Assistance Program Grant # 21-4614C-117 Amendment B for
additional funding with the Department of Commerce in the amount of$227,668 and approval
of the amendments with Crossroads Housing and Shelton Youth Connection.
8.2 Approval of Memorandum of Understanding between the Teamsters Local Union # 252, General
Services and Mason County to correct a scrivener's error which should have included
"Consolidated Sewer&Waste Operators"in the Current Collective Bargaining Agreement(2019-
2021) 11.5 Holiday Compensation.
8.3 Approval of Consolidated Contract CLH18253 Amendment 19 providing an increase of$189,582
for COVID Case management and tracing and extending multiple periods of performance.
8.4 Approval to move to a"dot gov"domain and for the Board to sign the Domain Authorization
letter.
8.5 Approval for the Mason County Sheriff's Office to purchase and have installed a moveable
divider wall from Hufcor Folding Panel Partitions from Barclay Dean for a total of$42,564.74.
8.6 Approval for the Mason County Sheriff's Office to purchase and have installed blinds from Allyn
Interiors using REET funds in the amount of$10,656.69.
8.7 Approval for the Mason County Sheriff's Office to accept a reimbursement grant from
Washington State Department of Ecology for litter pick up from July 1, 2021 to June 30, 2023.
8.8 Approval of Warrants&Treasure Electronic Remittances
Claims Clearing Fund Warrant # 8077945-8078222 $ 1,217,754.99
Direct Deposit Fund Warrant # 75803-76194 $ 711,478.46
Salary Clearing Fund Warrant # 7005780-7005815 $ 1,012,645.05
Treasurer Electronic Remittances $ 2,816,951.47
8.9 Approval of the 2021 Mason County Heritage Grant to purchase a wireless security system for
the Mason County Historical Society Museum in the amount of$1,000.
8.10 Approval for the Department of Community Development to recruit one full-time employee to fill
the position of Building Inspector to act as a dedicated Plans Examiner.
8.11 Approval for Public Works to procure up to 50 GEOTAB GO9 Plug and Play GPS Fleet Modules
off of the Sourcewell (NJPA) contract.
8.12 Approval of the resolution supporting regional approaches to infrastructure.
8.13 Approval of the Gorst Coalition Memorandum of Understanding and authorize the use of Mason
County's logo by the Coalition.
Cmmr.Trask/Shutty moved and seconded to approve Items 8.1 through 8.11 with the
removal of items 8.12 and 8.13 for separate discussion and vote. Motion carried
unanimously. N-aye; S-aye; T-aye.
Ken VanBuskirk asked how much money Mason County is contributing to the Gorst Coalition, if the
County is already contributing, how long the Coalition has been in existence, what committees the
County is expected to serve on since the MOU mentioned an executive and technical advisory
committee, when the personnel will be determined, and for items 8.12 and 8.13 be removed for
separate vote and discussion.
Cmmr. Neatherlin answered $5000 a year will be contributed, the County is not currently contributing,
the Coalition is about six months old, committees have not been established, and he has been
appointed to serve on the committee.
Item 8.12
Cmmr. Shutty shared this resolution outlines investments the County has supported and invested in
and discusses regional infrastructure projects and planning the County has been involved with. The
importance of the investment, shows County priorities, and how to help further goals. Represents
about$100 million worth of investment happening in Belfair.
Cmmr. Trask and Cmmr. Neatherlin both shared their support of this resolution.
Cmmr. Shutty/Trask moved and seconded 8.12 approval of the resolution supporting
regional approaches to infrastructure. Motion carried unanimously. N-aye; S-aye; T-aye.
21 March 16 , 2021 Commission Minutes
Item 8.13
Cmmr. Neatherlin shared this is an agreement to fix the traffic bottleneck in Gorst.
Cmmr. Shutty gave credit to participating entities in this Coalition. Congressmen Kilmer put together a
diverse group of stakeholders and Representative Drew MacEwan introduced a proviso for the
transportation budget of about $400 million. There are serious national security implications and this
will improve infrastructure.
David Overton encouraged passing the Gorst MOU for the County to join the City of Port Orchard, City
of Bremerton, Port of Bremerton, Kitsap Transit, and potentially Kitsap County. There continues to be
tragedy, loss of life, and major safety issues around Gorst.
Cmmr.Trask shared this will also improve commercial and housing opportunities.
Cmmr. Shutty/Trask moved and seconded item 8.13 approval of the Gorst Coalition
Memorandum of Understanding and authorize the use of Mason County's logo by the
Coalition. Motion carried unanimously. N-aye; S-aye;T-aye.
9. Other Business (Department Heads and Elected Officials)
No other business.
10. 9:15 a.m. Public Hearings and Items Set for a Certain Time
Please see above options to provide public testimony. These options are available only while COVID-19 OPMA
meeting restrictions are in place.
10.1 Public Hearing to review final project performance on 2019 Community Development Block
Grant(CDBG) Public Services Grant and COVID-19 Amendment. Staff: Frank Pinter
Frank shared County coordinates with Community Action Council (CAC) to provide services for
Lewis, Mason, and Thurston Counties on an annual basis to apply, receive, and provide
services through the Community Development Block Grant Program administered by the
Washington State Department of Commerce. In 2019, $105,732 of funding was used to
provide service referrals for 7,500 individuals in Mason and Lewis Counties. Of this a minimum
of 3,825 must meet the HUD's 51% income qualification and provide direct services and
referrals for a minimum of 350 child victims. This allotment included $3,500 to offset County
administration costs. The grant was amended to include COVID-19 funding of$126,878 and
extend the end date from June 30, 2020 to February 28, 2021. $50,000 of COVID-19 response
funding was allocated to microenterprise assistance; $73,385 for utility, rent, and mortgage
assistance payments through CAC for Mason County; $5,000 to Lewis County; and $6,838 to
Lewis County residents.
Cmmr. Shutty/Trask moved and seconded to approve the final review for project
performance on 2019 Community Development Block Grant(CDBG) Public Services
Grant and COVID-19 Amendment. Motion carried unanimously. N-aye; S-aye;T-
aye.
10.2 Public Hearing for the rezone of parcel # 32003-20-00030 and 32134-30-00000 from Rural
Residential 5 to Rural Natural Resource from Bayshore Sand and Gravel for the intent of future
expansion of existing sand and gravel mine. Staff: Kell Rowen
Kell shared this rezone proposal is for 97 acres, two parcels mostly zoned in Rural Residential 5
and the remainder in Rural Residential 10, to allow for expansion of existing Bayshore Sand
and Gravel mine. The application came forward in 2020, went to the Planning Commission in
June, Hearings were held in November and December where a final recommendation to
3 1 March 16 , 2021 Commission Minutes
approve the rezone under the condition that the buffer be expanded on the north side of the
Tremont community from 50'to 100'. The buffer for the Rainbow Lake community on the
north side ranges from over 200'to 600'. Staff highly recommends approval for this rezone
request. There is a large mineral deposit for sand, gravel, and materials that allow for ready
mix which is an important resource to the County. If approved, the sand and gravel resource
will be protected from residential development. Mineral resources are not renewable and is a
rare deposit that is important for the ongoing growth of the County and to residential
development.
Cmmr. Shutty asked if the Department of Natural Resources (DNR) commented on the
expansion, what the impacts are on the groundwater, if there are any other potential effects or
concerns, and when the mine was initially permitted by DNR. Kell answered that DNR did not
comment, there is a cold-water ending stream running into John's Creek on the property that
has a protective buffer, the Squaxin Island tribe worked with the applicant on a ground water
monitoring program that will be followed for the duration of mining activity, and that she is
unsure when the initial permitting was done.
Testimony
Jared Kadoun shared a brief history of his family and the gravel mine which began in 1926 and
has supplied the County with concrete for 54 years and sand and gravel for 95 years. This
resource is important and the expansion needed for the continued supply of building material
for growth and development of Mason County. The mine supplies sand and gravel for septic
systems, concrete, shellfish companies for beach enhancement, and driveway material. The
materials in this reserve are very clean and meets all DNR, Ecology, and State specifications
which is rare. They have been working with the neighbor's concerns. GeoDesign is the
technical advisor and Jason Hicks is the aggregate consultant. A 50'buffer takes away 79,000
tons of resource while 276,000 square feet takes away 310,600 tons. There is also a noise
buffer of 50-100'of 35-year-old timber. John's Creek has a 200'buffer.
Cmmr. Shutty asked if the 100'buffer includes the timberline which exists between boundaries
of the mine and the residential area, if there is a plan for traffic mitigation for increasing
productivity, and what the"all in"cost is for mitigation. Jared answered that the buffer
includes the tree line, there is no traffic mitigation plan due to where the water is, and the
monetary value of the material would be best answered by Eric Staley from GeoDesign.
Eric Staley shared that regarding groundwater impact, it is a very clean deposit that was drilled
and tested at an average of 3% fines. When rainwater falls on the site, it percolates rapidly
through the material to groundwater level which is on a glacial till deposit. Mining will be done
at least 10'above groundwater levels. The Squaxin Island tribe and their aquatic biologist
have been included in the groundwater monitoring program. It will be several years of
monitoring mining impacts before the monitoring program would be executed for this
expansion. The groundwater monitoring program will involve wells, observation of seepage
along the creek, and the usage of transducers/data loggers that collect water daily to see
seasonal changes and correlate that to rainfall. The setback of 50'exceeds DNR guidelines by
about 20', however they wanted to be consistent with the existing line. The 100'setback
essentially follows the timberline. An acoustic berm is also a requirement and would be used
to store top soil and revegetate. In terms of value the average cost per ton is about
$11.17/ton, so for every 50'of setback it is around $880,000. The triangular area under the
powerlines off of Rainbow Lake is almost a $3.5 million loss.
Cmmr. Shutty asked if there are plans to harvest timber. Jared answered that there is no plan
to cut timber due to concerns of neighbors and that timberline acting as a noise buffer.
Commissioners Shutty and Trask ask for an additional 25'to bring the buffer to a total of 125'
and for the trees in the timberline to remain. Cmmr. Neatherlin deferred to the other
4 March 16 , 2021 Commission Minutes
Commissioners'decision.
Cmmr. Shutty/Trask moved and seconded to approve rezone of parcel # 32003-20-
00030 and 32134-30-00000 from Rural Residential 5 to Rural Natural Resource
with a 125-foot buffer and a provision for maintaining the timberline as presented
by the applicant. Motion carried unanimously. N-aye; S-aye;T-aye.
10.3 Public Hearing to award the Solid Waste and Recycle Materials Hauling services agreement to
Mason County Garbage Company, Inc. Staff: Richard Dickinson
Richard shared that on August 25, 2020 the Commissioners authorized Public Works to put out
a Request for Proposals (RFP) for solid waste and recycle material hauling for the collection
and hauling of drop boxes from the County drop box station locations and Eells Hill Transfer
Station. The RFP was advertised for 60 days after initial advertisement per RCW 36.58.090 in
the Shelton-Mason Count Journal, Daily Journal of Commerce, and on the County and Builders
Exchange of Washington websites. One proposal was received from Mason County Garbage
Company, Incorporated out of Shelton, Washington. A Public Hearing is required prior to
awarding the contract per RCW 36.58.090. Public Works recommends awarding the hauling
services agreement to Mason County Garbage and extend the hearing to March 30, 2021 at
9:15 a.m. to allow more time for legal review.
Cmmr. Trask/Shutty moved and seconded to extend the Public Hearing to March
30, 2021 at 9:15 a.m.to award the Solid Waste and Recycle Materials Hauling
services agreement to Mason County Garbage Company, Inc to allow more time for
legal review of the new service agreement and allow public testimony. Motion
carried unanimously. N-aye; S-aye; T-aye.
11. Board's Calendar and Reports—The Commissioners reported on meetings attended the past
week and announced their upcoming weekly meetings.
12. Adjournment—The meeting adjourned at 10:30 a.m.
BOARD OF COUNTY COMMISSIONERS
ATTEST: MASON COUNTY, WASHINGTON
McKenzie Smith, Clerk of the Board Randy Neatherlin, Chair
Kevin Shutty, Commissioner
Sharon Trask, Commissioner
5 1 March 16 , 2021 Commission Minutes
Board of Mason County Commissioners
Proceedings
Commission Chambers
,. 411 N 51h St, Shelton, WA 98584
xu March 30, 2021
1. Call to Order—The Chairperson called the regular meeting to order at 9:00 a.m.
2. Pledge of Allegiance— Cmmr. Shutty led the flag salute.
3. Roll Call — Present: Present: Commissioner District 1 — Randy Neatherlin; Commissioner
District 2 — Kevin Shutty; Commissioner District 3 — Sharon Trask.
4. Correspondence and Organizational Business
4.1 Correspondence
4.1.1 The Attorney General of Washington sent in information regarding a consumer complaint.
4.1.2 Carole Washburn and Verne Gibbs sent in a letter regarding the Belfair Sewer Line.
4.1.3 Tahja Engineering, Inc. sent in a letter regarding the Shoreline Building Setback from Lake
Cushman Div. 4, Lot 115.
4.1.4 Barbara Smith sent in a Mason County Board of Equalization and Timberland Regional
Library Board of Trustees Advisory Board applications.
4.1.5 Washington State Liquor and Cannabis Board sent in a liquor license for Briggsy Golf.
4.1.6 Chief Kevin Hanson sent in a letter regarding the use of body scanners and vacant
Correction Deputy positions.
4.1.7 Jennifer Baria from the office of EDC Mason sent in a letter regarding contracting with
Associate Development Organizations requesting designation.
4.1.8 Federal Energy Regulatory Commission sent in a letter regarding Allegations of Non-
Compliance.
5. Open Forum for Citizen Input
Ken VanBuskirk shared concerns regarding the Attorney General Consumer complaint about solid
waste next to the stream in Belfair, forested wetland that was identified in the 2018 Belfair UGA
Basin Plan south of Bill Hunter Park in Belfair, and a dead cedar tree on County property next to
the Mason Transit Authority bus stop.
6. Adoption of Agenda
Cmmr. Trask/Shutty moved and seconded to adopt the agenda as published. Motion
carried unanimously. N-aye; S-aye; T-aye.
7. Approval of Minutes— None
8. Approval of Action Agenda
8.1 Approval of Warrants&Treasure Electronic Remittances
Claims Clearing Fund Warrant # 8078223-8078592 $ 2,082,365.76
Direct Deposit Fund Warrant # 76195-76585 $ 766,483.85
Salary Clearing Fund Warrant # 7005816-7005842 $ 540,127.57
Treasure Electronic Remittances $
8.2 Approval to extend Mendoza's Texas Style Food MCRA vendor contract for an additional two
years for the 2021 and 2022 season ending March of 2023.
8.3 Approval of Amendment # 1 of 2021 Memorandum of Agreement Appendix A between
Washington State University Extension and Mason County.
8.4 Approval of the Resolution to Cancel Outstanding Warrants.
8.5 Approval of the Resolution declaring the following Mason County Code Chapters obsolete and
removing them from the Mason County Code: Chapter 3.04 Admissions Tax; Chapter 3.152
Chaplains Fund; Chapter 3.178 Volunteer Fund; Chapter 5.04 Merchant Patrolmen; Chapter 5.08
Junk Dealers, Secondhand Dealers, and Pawnbrokers; Chapter 5.12 Carnivals and Circuses; and
Chapter 9.40 Alarm Systems.
8.6 Approval to appoint Katherine Diane McLean to the Lewis-Mason-Thurston Area Agency on
Aging for a term ending December 2022.
8.7 Approval for the Chair to sign and authorize the 16 vehicle order requests through Enterprise
and approval for Frank Pinter, Support Services Director, to sign the Enterprise authorization to
continue to sign for the County's Enterprise documents.
88-- ,
8.9 Approval to reappoint Keith Fuller and James Medcalf to the Onsite Sewage Advisory Committee
for a three-year term.
8.10 Approval to execute the Annual Certification for Calendar Year 2020; Certification of
Expenditures for Traffic Law Enforcement—2020; and Certification for Expenditures for Fish
Passage Barrier Removal —2020 to be included in the annual submittal to the County Road
Administration Board by the Department of Public Works.
8.11 Approval of the Private Line Occupancy Permit granting permission to run the utility lines under
and across NE Haven Lane and NE Rhododendron Boulevard for address 41 NE Haven Lane
parcel # 22330-50-00077.
8.12 Approval to execute the"Notification of Final Cost"of County Road Construction projects
completed in 2020 performed by County forces.
8.13—AppFeval ef the FeeFgaFiizatien ef the SupeFieF CeuFt AdmiFiestFatien to ereate, pest, and fill a
84 , Neig Represented Salary Seale RaRge Alignment b
8.15 Approval to enter into contract with the Department of Commerce for the Treasury Rent
Assistance Program Grant#21-4616C-117 in the amount of$3,459,027.
8.16 Approval to appoint Cheryl Williams as an alternate member to the Mason County Board of
Equalization to fill a vacant position with a term ending May 31, 2022.
8.17 Approval to appoint Jamie Queen to the Lewis-Mason-Thurston Area Agency on Aging for a
term ending December 2022.
8.18 Approval to sign the letter of support to Representative Marilyn Strickland for She/ton Youth
Connection's Community Project funding request to build the She/ton Young Adult Transitional
Housing project.
8.19 Approval to sign the letter of support to Representative Derek Kilmer for Mason County Public
Utility District No. I's 2022 budget appropriations request to fund the power utility relocation
portion of the Duckabush Estuary Restoration project.
Cmmr. Shutty/Trask moved and seconded to approve action items 8.1 through 8.19 as it
was read into the record. Motion carried unanimously. N-aye; S-aye; T-aye.
Cmmr. Shutty commented on the two letters of support. Shelton Youth Connection works hard in the
community to provide safe spaces for youth in need, get them housed, and provide case management
services. There is additional funding in the State's Capital Budget for their projects and to continue
expanding services. PUD1 requested funds for utility relocation relating to the Duckabush Estuary
9. Other Business (Department Heads and Elected Officials)
No other business.
2IMarch 30 , 2021 Commission Minutes
10. 9:15 a.m. Public Hearings and Items Set for a Certain Time
Please see above options to provide public testimony. These options are available only while COVID-19 OPMA
meeting restrictions are in place.
10.1 Public Hearing continued from March 16, 2021 to award the Solid Waste and Recycle Materials
Hauling services to Mason County Garbage Company, Inc. Staff: Richard Dickinson
Richard shared Public Works recommends to award the Solid Waste and Recycle Materials
Hauling services to Mason County Garbage Company, Inc. One other company replied to the
Request for Proposals. There is a 5% increase overall for services.
Cmmr. Shutty/Trask moved and seconded to approve to award the Solid Waste and
Recycle Materials Hauling services to Mason County Garbage Company, Inc.
Motion carried unanimously. N-aye; S-aye; T-aye.
11. Board's Calendar and Reports—The Commissioners reported on meetings attended the past
week and announced their upcoming weekly meetings.
12. Adjournment—The meeting adjourned at 9:27 a.m.
BOARD OF COUNTY COMMISSIONERS
ATTEST: MASON COUNTY, WASHINGTON
McKenzie Smith, Clerk of the Board Randy Neatherlin, Chair
Kevin Shutty, Commissioner
Sharon Trask, Commissioner
3 IMarch 30 , 2021 Commission Minutes
acre-
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Ginger Kenyon Action Agenda _X_
Public Hearing
Other
DEPARTMENT: Support Services EXT: 380
DATE: April 13, 2021 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 # 8078593-8078967 $ 477,427.47
Direct Deposit Fund Warrant # $
Salary Clearing Fund Warrant # $
Treasurer Electronic Remittances $ 166,899.82
Macecom 3/4/2021 $ 150,134.99
Mental Health 3/10/2021 $ 4,078.83
Dispute Resolution Center 3/10/2021 $ 1,360.00
CE-Non departmental 1st QTR 3/10/2021 to $ 5,663.00
Trial Court Improvement 1st QTR 3/10/2021 $ 5,663.00
Refund Interest Earned 3/31/2021 $ 80.44
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 $ 13,256,590.67
Direct Deposit YTD Total $ 4,580,651.81
Salary Clearing YTD Total $ 4,763,482.45
Approval of Treasure Electronic Remittances YTD Total $ 9,845,381.96
RECOMMENDED ACTION:
Approval to: Move to approve the following warrants
Claims Clearing Fund Warrant#8078593-8078967 $ 477,427.47
Direct Deposit Fund Warrant # $
Salary Clearing Fund Warrant # $
Treasurer Electronic Remittances $ 166,899.82
Attachment(s): originals on file with Auditor/Financial Services (Copies on file
with Clerk of the Board)
3/4/2021
BAR'S#
Payment approval of Macecom:
FUND Account# Remittance RECEIPT# l0
Macecom 001.000000.300.300 $ 150,134.99 M-72707
Is -
3/10/2021
Payment approval of Mental Health:
FUND Account# Remittance RECEIPT#
MENTAL HEALTH 164.000000.000.000 $ 4,078.83 M-72864
Is - M-
3/10/2021
FUND Account# Remittance RECEIPT#
DISPUTE RESOLUTION CENTER 001.000000.100.000 $ 1,360.00 M-72865
Is -
REFUND INTEREST EARNED
FUND Account# Remiittance RECEIPT# query run thru 12/21/2020
CURRENT EXPENSE 001.000000.260.000 $ 41.16 Multiple Rec
ROAD DIV-CURRENT EXPENSE 001.000000.260.010 $4.04 Multiple Rec
Veterans Assistance 190.000000.000.000 $ 0.51 Multiple Rec
COUNTY ROAD 105.000000.000.000 $33.93 Multiple Rec
MENTAL HEALTH 164.000000.000.000 $0.801 Multiple Rec
3/10/2021
FUND Account# Remiittance RECEIPT#
CE-Non departmental 1ST QTR 001.000000.310.000 $ 5,663.00 M-72891
TRIAL COURT IMPROVEMENT 1ST QTR 135.000000.000.000 1 $5,663.00 M-72892
Respectfully submitted by Julie Richert,Chief Deputy Treasurer 3/31/2021
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Jennifer Beierle Action Agenda _X_
Public Hearing
Other
DEPARTMENT: Support Services EXT: 532
DATE: April 13, 2021 Agenda Item # Z
Commissioner staff to complete)
BRIEFING DATE: March 22, 2021 & February 8, 2021
BRIEFING PRESENTED BY: Jennifer Beierle
[ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency
Item: Approval to call for Request for Proposals to provide services to the poor or infirm
with a preference towards veterans in Mason County
Background: During the 2021 budget process, the Board set aside $5k in the Current
Expense, Non-Departmental budget to provide essential items to the poor and infirm with
a strong preference towards veterans. The idea is to obtain contractor(s) through the RFP
process to provide $2,500 to the North end of the County and $2,500 to the South end of
the County.
A previous call for Request for Proposals was approved by the BOCC on February 161h with
completed RFP's due back to the County on March 17th. No completed RFP's were
returned to the County.
Recommended Action: Approval to call for Request for Proposals to provide services to
the poor or infirm with a preference towards veterans in Mason County
Attachment: Request for Proposals
J:\Budget Office\Briefing, Agenda,& Public Hearing Items\202 I\Action Agenda 4.2.2021 -RFP Veterans
Services.doc
Request for Proposals
Provide Services to the Poor or Infirm with Preference towards Veterans in Mason County
1. Introduction and Summary
Mason County, Washington is requesting proposals from qualified firms (Defined in Article 8, Section 7, of the
Washington State Constitution "...for the necessary support of the poor and infirm...")for providing the
following service: issue basic essential items to the poor or infirm with a strong preference towards veterans
in Mason County. Individuals served under the awarded contract(s) by the Contractor must meet the
definition of poor or infirm as stated in this request for proposals. Each individual served under the contract is
limited to one transaction per week with a maximum value of fifty dollars in any one transaction.
It is anticipated that one contract for $5,000 or two contracts for$2,500 each will be awarded. If one contract
is awarded, approximately half of the individuals served must live in the North end of Mason County and half
of the individuals served must live in the South end of Mason County. If two contracts are awarded, one
contract is to serve individuals that live in the North end and one in the South end of Mason County. This is for
services commencing July 1, 2021.
Providing basic essential items to the poor or infirm with a strong preference towards veterans' services will
be provided at the direction of the Mason County Board of Commissioners. All County contracts require
approval of the Mason County Board of Commissioners.
Deadline for receipt of proposals is 4 p.m., Wednesday, May 26, 2021. Proposals should be prepared in
accordance with this RFP and mailed or delivered to:
Jennifer Beierle
Budget Manager
Department of Support Services
411 N. 5t" Street
Shelton, WA 98584
(360) 427-9670 ext. 532
Email: jb@co.mason.wa.us
Ten hard copies of the submittals must be received by the deadline indicated above. Postmarks will not be
accepted.
Proposals will be evaluated by Mason County and respondents may be interviewed by the Board of Mason
County Commissioners. The Mason County Board of Commissioners will make final selection. Respondents
should not lobby Mason County employees or the Board of Commissioners. Respondents should contact
Jennifer Beierle by phone or email for additional information. All proposals are public records. The
committee reserves the right to request additional information from respondents. The County reserves the
right to reject all submittals.
Page 1 of 4
J:\Budget office\Contracts\2021 RFP Process for veterans Services\RFP for 2021 veteran's services-2nd.docx
Contract Terms: Contracts will be awarded for the period of 8.5 months with an option for renewal. Contract
performance review will occur annually.
Insurance Requirements. All insurance provided shall be primary and non-contributory.
1) Comprehensive General Liability. $1,000,000 combined single limit per occurrence for bodily injury,
personal injury and property damage,$2,000,000 general aggregate;
2) Automobile Liability. $1,000,000 combined single limit per accident for bodily injury and property
damage;
3) Workers' Compensation. Workers' compensation limits as required by the Workers' Compensation
Act of Washington;
4) Consultant's Errors and Omissions Liability. $1,000,000 per occurrence and as an annual aggregate.
II. Statement of Need
Mason County, Washington is in need of contractor(s)to provide the following service: issue basic essential
items to the poor or infirm with a strong preference towards veterans in Mason County. Individuals served
under the awarded contract(s) by the Contractor must meet the definition of poor or infirm and must be
receiving one of the following types of public assistance: Temporary assistance for needy families, ages, blind,
or disabled assistance benefits, pregnant women assistance benefits, poverty-related veterans' benefits, food
stamps or food stamp benefits transferred electronically, refugee resettlement benefits, Medicaid, medical
care services, or supplemental security income; AND the individual's household receiving an annual income,
after taxes, of up to one hundred fifty (150) percent or less of the current federally established poverty level.
Each individual served under the contract is limited to one transaction per week with a maximum value of fifty
dollars in any one transaction. There shall be a ten percent allowance for administrative costs as part of the
awarded contract(s) that shall be included as part of the total contract amount and not over and above the
contract amount.
Services provided shall include issuing basic essential items to the poor or infirm with a strong preference
towards veterans in Mason County. Examples of basic essential items include but are not limited to: food,
water, shower tokens, bus passes, hygiene kits,towels, propane, fuel, and blankets. Respondents will be
required to provide copies of receipts for all items purchased under the contract and bank statements
showing the debit of the receipts, and proof of disbursement to the poor or infirm veteran before
reimbursement is authorized by Mason County.
III. Form of Proposal
Respondent proposals should not exceed 10 pages, including attachments and should include:
1) Contact name, address, telephone number, and e-mail address.
2) Detailed description of proposed basic essential items to be distributed to the poor or infirm with a
strong preference towards veterans in Mason County.
Page 2 of 4
J:\Budget off ice\contracts\2021 RFP Process for veterans Services\RFP for 2021 veteran's services-2nd.docx
3) Statement of qualifications including experience in providing basic essential items to the poor or
infirm.
4) Strategy for distributing and tracking the basic essential items to the poor or infirm veterans in Mason
County.
5) A detailed budget of cost for providing basic essential items to the poor or infirm veterans in Mason
County. No capital costs are allowed.
IV. Evaluation Criteria:
Proposals will be evaluated based on the following criteria. The evaluation criteria are subject to change
without notice.
1) Strategy for distributing the basic essential items to the poor or infirm veterans in Mason County (i.e.
location, how services will be provided and documented, training of staff/volunteers).
2) What types of basic essential items are offered.
3) Experience providing basic essential items to the poor or infirm.
4) Strategy for distributing and tracking the basic essential items to the poor or infirm veterans in Mason
County.
5) Hours of operation and level of staffing.
6) Cost of the proposal and the degree to which the budget reflects the requested activities.
V. Independent Contractor
It is the intention and understanding of the County that Vendor shall be an independent contractor and that
the County shall be neither liable for nor obligated to pay sick leave, vacation pay or any other benefit of
employment, nor to pay any social security or other tax that may arise as an incident of employment.
Contractor shall pay all income and other taxes as due. Industrial or other insurance that is purchased for the
benefit of Contractor shall not be deemed to convert this Contract to any employment contract. It is
recognized that Contractor may or will be performing services during the term of the Contract for other
parties and that the County is not the exclusive user of the Contractor's services.
VI. Prevailing Wage
If required by RCW 39.12, prevailing wages shall be paid. Contractor specifically agrees to comply with RCW
39.12 and to file all required forms, certifications, and affidavits necessary to comply with Federal and State
laws before final payment shall be made to the Contractor. The latest prevailing wage rate information is
available per the State of Washington, Department of Labor and Industries, Industrial Relations Division.
Page 3 of 4
J:\Budget off ice\contracts\2021 RFP Process for veterans Services\RFP for 2021 veteran's services-2nd.docx
VII. Equal Opportunity Employer
Mason County is an equal opportunity employer. We strive to create a working environment that includes
and respects cultural, racial, ethnic, sexual orientation and gender identity diversity. Women, racial and ethnic
minorities, persons of disability, persons over 40 years of age, veterans or people with military status, and
people of all sexual orientations and gender identities are encouraged to apply.
Page 4 of 4
1:\audget Off ice\contracts\2o21 RFP Process for veterans Services\RFP for 2021 veteran's services-2nd.docx
Request for Proposals
Mason County is requesting proposals from qualified firms (see Article 8, Section 7, of the
Washington State Constitution) to provide services to the poor or infirm with a strong preference
towards veterans in Mason County. It is anticipated that one or two contracts will be awarded.
Total amount awarded for the Professional Services contract(s) is not to exceed $5,000 and
funded with General Fund dollars. This is for services commencing July 1, 2021.
Proposals must be received by 4:00 p.m. on May 26, 2021 to be considered.
To request the proposal specifications: fief °p
Website: www.co.mason.wa.us
Email: ib(aco.mason.wa.us
Phone requests: 360-427-9670 ext. 532 or 360-275-4467 ext. 532 =
Mason County is an Equal Opportunity Employer 1Ru
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Diane Zoren Action Agenda x
Public Hearing
Other
DEPARTMENT: Support Services EXT: 747
DATE: April 13, 2021 Agenda Item #
Commissioner staff to complete)
BRIEFING DATE: 3/22/21
BRIEFING PRESENTED BY: Support Services
[ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency
ITEM: Approval of the resolution creating a five-member Redistricting Citizens
Advisory Committee. The Committee shall consist of two members nominated by the
Mason County Democratic Party; two members nominated by the Mason County
Republican Party and a non-voting chair selected by the previous four members. The
Mason County Auditor's Office shall provide staff support to this Committee.
Background:
Pursuant to RCW 29A.76.010, it is the responsibility of each county...to periodically
redistrict its governmental unit, based on population information from the most recent
federal decennial census. A census was done in 2020.
Due to COVID, the census data will not be available until September 30th, at the
earliest, and the Redistricting Plan is due by November 15. There is pending
legislation that moves the due date to 12/31/21 for those districts that have an
election in 2022 (County Commissioner and PUD 1 and 3). The remaining districts will
be redistricted in 2022 with a due date of 11/15/22.
The Commissioners agreed to form a five-person citizen committee consisting of two
members from the Mason County Democrat Party, two members from the Mason
County Republican Party and those members select a non-voting Chair. Auditor
McGuire has stated his office will provide support to the citizen committee.
Budget Impacts: None
RECOMMENDED ACTION: Approval of the resolution creating a five-member
Redistricting Citizens Advisory Committee. The Committee shall consist of two
members nominated by the Mason County Democratic Party; two members nominated
by the Mason County Republican Party and a non-voting chair selected by the previous
four members. The Mason County Auditor's Office shall provide staff support to this
Committee
Attachment: Resolution
RESOLUTION NO.
A RESOLUTION establishing a Redistricting Citizen Advisory Committee
WHEREAS, RCW 29A.76.010 states...It is the responsibility of each county, municipal corporation, and
special purpose district with a governing body comprised of internal director, council, or commissioner
districts not based on statutorily required land ownership criteria to periodically redistrict its governmental
unit, based on population information from the most recent federal decennial census;
WHEREAS, pursuant to RCW 29A.76.010 (3) Except as otherwise provided in chapter 301, Laws of
2018, no later than eight months after its receipt of federal decennial census data, the governing body of
the municipal corporation, county, or district shall prepare a plan for redistricting its internal or director
districts;
WHEREAS, pursuant to RCW 29A.76.010 (4) The plan shall be consistent with the following criteria:
(a) Each internal director, council, or commissioner district shall be as nearly equal in population as
possible to each and every other such district comprising the municipal corporation, county, or special
purpose district.
(b) Each district shall be as compact as possible.
(c) Each district shall consist of geographically contiguous area.
(d) Population data may not be used for purposes of favoring or disfavoring any racial group or political
party.
(e)To the extent feasible and if not inconsistent with the basic enabling legislation for the municipal
corporation, county, or district, the district boundaries shall coincide with existing recognized natural
boundaries and shall, to the extent possible, preserve existing communities of related and mutual
interest.
WHEREAS, it is the desire of the Board of Mason County Commissioners to establish a Redistricting
Citizens Advisory Committee to assist with the development of the redistricting plan;
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF MASON COUNTY COMMISSIONERS to
establish a five-member Redistricting Citizens Advisory Committee. The Committee shall consist of two
members nominated by the Mason County Democratic Party; two members nominated by the Mason
County Republican Party and a non-voting chair selected by the previous four members; the Committee
shall exist until the redistricting plan is complete, unless extended by the Mason County Commissioners.
The Mason County Auditor's Office shall provide staff support to the Redistricting Citizens Advisory
Committee.
ADOPTED:
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY,WASHINGTON
ATTEST:
Randy Neatherlin, Chair
McKenzie Smith, Clerk of the Board
APPROVED AS TO FORM: Sharon Trask, Commissioner
Tim Whitehead, Chief Deputy Prosecuting Kevin Shutty, Commissioner
Attorney
J:\RESOLUTIONS&ORDINANCES\RESOLUTIONS-ORDINANCES Word Files\202 1\Create Redistricting
Committee.doc
MASON COUNTY
AGENDA ITEM SUMMARY FORM
To: Board of Mason County Commissioners
From: Peter Jones Action Agenda: X
Public Hearing:
Other
Department: Public Defense Ext: 280
Commission Meeting Date: April 13, 2021 Agenda Item #
(Commissioner staff to
com lete
Briefing Date: March 22, 2021
Briefing Presented By: Peter Jones
[ ] Item was not previously briefed by the board
Please provide explanation of urgency
Item:
Approval of the contract between Karpel Solutions and the Mason County Public Defender's Office
for Defender software and installation.
Background:
This is a contract for already-budgeted-for office management software.
Recommended Action:
Approval of the contract between Karpel Solutions and the Mason County Public Defender's Office
for Defender software and installation.
Attachment(s):
Contract
Agenda Summary 4/7/2021
MASON COUNTY PUBLIC DEFENDER'S OFFICE
MASON COUNTY, WA
CONTRACT FOR
ff�711 gil by KARIPEL
DEFENDERbyKarpel°
ARPEL
SOLUTIONS
9717 Landmark Parkway I St.Louis,MO 63127 1 (314)892-6300
TABLE OF CONTENTS
TABLE OF CONTENTS............................................................................................................ 2
1. CONFIDENTIALITY STATEMENT....................................................................................... 3
2. SCOPE OF WORK ............................................................................................................. 3
3. OTHER INFORMATION...................................................................................................53
4. GENERAL CLIENT RESPONSIBILITIES..............................................................................54
5. INVESTMENT SUMMARY...............................................................................................64
6. ANNUAL SUPPORT.........................................................................................................8-5
7. LICENSE TERMS AND USE............................................................................................ 10-
8. MASTER TERMS AND CONDITIONS........................................................................... 13-14
Initials Page 2 of 18
RPEL
SOLUTIONS
9717 Landmark Parkway I St.Louis,MO 63127 1 (314)892-6300
This agreement between Karpel Computer Systems Inc., a Missouri corporation, doing business as
Karpel Solutions (hereinafter referred to as "Karpel Solutions") and Mason County, a political subdivision
of the State of Washington (hereinafter referred to as "Client") is for the purposes of reviewing this
proposal and to enter into this contract including the Master Terms and Conditions set forth below
wherein Karpel Solutions agrees to sell licenses for its copyrighted software program known as
DEFENDERbyKarpell (hereinafter referred to as "DbV).
1. CONFIDENTIALITY STATEMENT
This document is the intellectual property of Karpel Solutions. Client agrees that the information
contained within this proposal is proprietary information and that it shall not disclose, reproduce in any
format, or use any of the terms, data, or any other material contained herein outside of Mason County
or for any other purposes other than to evaluate this contract. If the Client is required by statute or case
law to disclose any information in this agreement, then Client shall notify Karpel Solutions three (3)
business days prior to the release. This agreement does not limit Client the right to use information
contained within this contract if it is obtained from another source without restriction. Any subsequent
revisions, addendums, or amendments to this document shall be covered under the terms of this
confidentiality agreement by reference.
2. SCOPE OF WORK
The following Scope of Work represents the services required to reach the proposed solution and
a successful project. Karpel Solutions will perform all work in accordance with the descriptions, scopes
and specifications hereafter described.
Deadline Tasks and deliverables Days out
Project Pre-Implementation Meeting scheduled. Minimum Workstation 120
requirements are explained to agency project manager. Server Connection
Credentials to the Agency Server are given to Karpel to begin the data
extraction.The agency project manager will notify local IT support for remote
access credentials and coordinate with local agency IT to provide Karpel with
legacy data if a remote extraction is not possible.
Workstation assessment completed and any necessary hardware or software 100
ordered to meet DbK installation prerequisites.
Online pre-implementation meeting with project manager and system 90
administrators. DbK Overview with the first data conversion complete. Project
Team is selected including Karpel Staff and Customer System Administrators.
(One customer System Administrator must be a Policy Setting Attorney).This
meeting will begin with application overview, legacy data application analysis,
enhancement definitions and interface definitions. DbK pre-load
configuration is explained and initial Document Templates are received.
Workflow pre-configuration is conducted.
Teleconference status meeting with Karpel and agency project manager will 80
occur to review progress on hardware/software assessments and finalize pre-
implementation meeting timeline agreement.
Initials Page 3 of 18
RPEL
SOLUTIONS
9717 Landmark Parkway I St.Louis,MO 63127 1 (314)892-6300
First Data Conversion Webinar is reviewed on Karpel servers along with the 60
DbK pre-load worksheets.Agency Document Templates are received. Data
validation spreadsheets will be explained, and data validation will begin.
System Administrator training begins. Workflow pre-configuration is
conducted.System enhancements are completed and demonstrated.
Applicable interfaces are reviewed and analyzed to define testing procedures.
Teleconference status meeting with Karpel and agency project manager will 45
occur to review progress and answer additional questions regarding pre-load
spreadsheet.
Karpel Support installation and application testing on each workstation should 45
begin at this time. Karpel Solutions or local IT support will schedule
workstation application testing and follow Karpel testing procedures to
thoroughly test browser functionality, document generation, Outlook
Calendaring and email on each workstation.
Online document template conversion review-customer will review 40
converted templates for accuracy and report any inaccuracies to Karpel over
the next two weeks.
The agency project manager will provide Karpel with any additional Legacy 35
Data, additional Legacy Documents and a fully complete DbK Pre-Load
Spreadsheet and completed data validation spreadsheets from the first data
conversion.The agency project manager will notify agency IT support to
coordinate the legacy data upload for final conversion with Karpel.
Training Schedule is completed with assignment of all office staff to specific 35
training sessions.The Policy Setting Attorney must attend the initial
Configuration,Case Initiation and Event Entry sessions at a minimum.Training
room and equipment are verified.
Pre-Live Administrator Training and Mock Go-live-Karpel will train the 30
System Administrators exactly as the staff will be trained upon go-live.The
preliminary data conversion on the Agency's pre-production site will be used
for this training including completed document templates and workflow
configuration.Agency will re-validate the accuracy of Clients, Co-Defendants,
Cases, Court Dates, Events, Dispositions, and Financials.Application testing
will continue.Agency project manager will report all inaccuracies to Karpel.
All Custom Enhancements are tested and verified. Begin final testing of all
application interfaces if applicable.At this point data conversion will be
repeated as deemed necessary by our data conversion experts to correct data
conversion anomalies reported in the data validation spreadsheets.
Teleconference status meeting with Karpel and agency project manager to 21
review current data validations and acceptance testing. Review of timeline to
meet scheduled "go live" date.
Complete installation and testing of all workstations by Karpel or local IT 14
support.
Final teleconference status meeting with Karpel and agency project manager 7
to verify final data accuracy and training area is prepared for scheduled
training.
Final Legacy Data received by Karpel. 3
February 7,2022 Final Data Conversion is loaded. User training continues with remaining office Go Live
staff(group training). Customer begins using DbK in a live state.
Initials Page 4 of 18
RPEL
SOLUTIONS
9717 Landmark Parkway I St.Louis,MO 63127 1 (314)892-6300
This schedule will be modified as mutually agreed upon by Client and Karpel Solutions.
Document conversion consists of Karpel Solutions converting existing Microsoft Word®, Microsoft
Works" and Corel WordPerfect° documents provided by Client up to the time of training as outlined in
the Project Timeline listed above into a format that can be utilized by DbK on a best effort basis. Karpel
Solutions does not support nor will convert customized macros, auto-text files or other custom
programming items not a part of the ordinary functionality of Microsoft Word", Microsoft Works° and
Corel WordPerfect°
Karpel Solutions will provide hosting of DbK subject to the terms and conditions set forth in the
Agreement for DEFENDERbyKarpel Hosting.
3. OTHER INFORMATION
Any additional work requirements outside the scope of this proposal will be presented in the form of a
change order and must be approved by client prior to start of such work. No additional charges will be
incurred without prior written approval from client.
4. GENERAL CLIENT RESPONSIBILITIES
In order for the project to be completed on time and on budget, Client shall provide at a minimum:
1. Access to client facilities, computers, servers, network infrastructure and software as deemed
necessary by the Karpel Solutions project manager.
2. Access to systems and equipment as required by Karpel Solutions including:
a. DbK application access using Karpel Solutions laptops and clients network for
training and application testing
b. Installation of the Karpel Solutions remote support tool on all desktops executing
the DbK application.
3. Access to client data along existing servers and systems containing data if such data is to be
converted and populated by Karpel Solutions into DbK.
4. An authorized contact person to assist in the definition of any project unknowns and authorized
to approve the completion of each task.
Failure of Client to provide the above access and assistance will render the Karpel Solutions support
agreement null and void.
4.1.1 CLIENT VALIDATION
Client is responsible for validating their data during the project (if applicable). Validating data is
key to a successful implementation. If issues arise with converted data after go-live Karpel will
determine if a fix is possible and an additional fee for this work may be presented for this work.
Initials Page 5 of 18
A:RPEL
OLUTIONS
9717 Landmark Parkway I St.Louis, MO 63127 1 (314)892-6300
5. INVESTMENT SUMMARY
Karpel Solutions will perform according to all descriptions, scopes, and specifications herein described,
in consideration for payment as set forth below,
Software Products/Licensing Qty. Price Total
DEFENDERbyKarpel 7 $1,500 $10,500
Total Software $10,500
Installation Services Qty. Price Total
PROSECUTORbyKarpel Installation and Configuration 1 $1,000 $1,000
Client Support Tool, Scanning Tool and System
Compatibility Check(per computer) 7 $50 $350
Total Installation Services $1,350
Professional Services Qty. Price Total
Project Management No Additional Cost
Pre-Implementation Services (hours, online) 8 $150 $1,200
Data Conversion: Access Database 1 $5,000 $5,000
Mock Go-Live and System Administrator Training (30
days prior to go-live, hours, online) 4 $150 $600
Document Template Setup,Training and Conversion 1 $2,500 $2,500
Total Professional Services $9,300
Onsite Training Services Qty. Price Total
On Site Training (days) 4 $1,200 $4,800
Total Onsite Training Services $4,800
Customization Services Qty. Price Total
Interface: PROSECUTORbyKarpel 1 $0 $0
Total Customization Services $0
Total Project Cost $25,950
Initials Page 6 of 18
RPEL
SOLUTIONS
9717 Landmark Parkway I St.Louis,MO 63127 1 (314)892-6300
Annual Support Services Qty. Price Total
PROSECUTORbyKarpel 7 $300 $2,100
Unlimited eDiscovery 1 $875 $875
Hosted Services (per user/year) 7 $100 $700
Total Annual Support Services $3,675
Estimated Travel Expenses $1,800
Total First Year Cost $29,625
Optional Items Price
Interface: Court $10,000
Interface Annual Support(per interface) $2,000
Document Template Conversion After 100 Documents (per document) $25
Additional Storage After Included 2TB (per terabyte, per year) $1,000
*Interfaces must conform to the appropriate DEFENDERbyKarpel Information Exchange Package
Documentation (IEPD) for that interface. Interfaces that do not conform to the appropriate
DEFENDERbyKarpel IEPD, will require Karpel development review before approval and will incur
additional development and maintenance costs.
The stated costs for interfaces include Karpel's development and testing time. There may be an
additional cost from the other vendor(s), which is not included within this contract.
This fee does not include additional hardware, Microsoft licenses, or networking services that may be
necessary to properly and legally operate DbK. Said expenses are the Client's sole responsibility.
If a scheduled go-live date is changed by Client within 60 days of the set date a 10% (of first year cost)
penalty may be issued to cover the costs of booked travel, accommodations and time that may be
removed from other current client start dates.
Pricing for Optional Services will remain valid up to 90 days from date of contracting signing. Upon the
request to begin an Optional Service, an official notice to begin the service must be received.
Travel expenses include airfare, lodging, ground transportation, meals, and incidental expenses.
As with any project, all prices are subject to change as new information arises or as workload increases.
Karpel Solutions will seek approval from Client if more work will be necessary to make the changes along
the way, as described above.
Initials Page 7 of 18
KRPEL
SOLUTIONS
9717 Landmark Parkway I St.Louis, MO 63127 1 (314)892-6300
5.1 Payment Terms
Payment schedule to be 50%of Software User Licenses due upon signed contract agreement and the
remaining cost due upon completion of implementation and training.
6. ANNUAL SUPPORT
6.1.1 TECHNICAL SUPPORT FEES
Client understands that technical support fees will be required annually, in order to receive software
updates and technical support. The support period shall begin from the date of go-live as part of the
initial first year costs. The Client may elect to purchase subsequent annual support, on a yearly basis
at a fixed cost, and billed annually as referenced in Section 5 above. The option to purchase annual
support is solely at the Client's discretion. The Client's license to use DbK is not dependent upon the
Client purchasing annual support; however, if the Client discontinues annual support it will not be
provided with updated versions of the software, unless it is purchased. Provided Client's computers,
network and systems meet recommended specifications set for by Karpel Solutions and the Client is
current with annual support payments then Karpel Solutions shall provide updated versions of their
system and/or software as they become available during the terms of the contract. If the option for
renewal is exercised, Karpel has the right to increase current pricing.
6.1.2 SUPPORT PROVIDED
Karpel Solutions will provide support (e.g. software updates, general program enhancements and
technical support)for all software provided, including ongoing unlimited telephone technical support
problem determination, and resolution.
6.1.3 HOURS OF OPERATION
Karpel Solutions will provide technical support Monday through Friday, at a minimum of eight (8)
hours a day. Technical support services shall be available between the hours of 7:00 a.m. through
9:00 p.m. Central time, via a toll-free telephone number provided. After-hours support is available as
well via the same toll-free number which will reach the on-call support group.
6.1.4 INCLUDED SUPPORT
Support services include the detection and correction of software errors and the implementation of
all DbK program changes, updates and upgrades. Karpel Solutions shall respond to the inquiries
regarding the use and functionality of the solution as issues are encountered by Authorized Users.
Support to users will be provided through the remote support tool installed on the end user's
computer.This tool was installed at the time of go-live allowing Karpel to provide the needed support
to meet the service level agreement. If this access is not allowed support will be delayed and the
service level agreement (severity levels) are no longer in place.
Initials Page 8 of 18
Z;:PEL
UTIONS
9717 Landmark Parkway I St.Louis, MO 63127 1 (314)892-6300
6.1.5 RESPONSE TIMES
Karpel Solutions shall be responsive and timely to technical support calls/inquires made by the Client.
The Client will first make support inquires through their qualified system administrators to assure the
policies and business practices of the Client are enforced prior to contacting Karpel Solutions. The
timeliness of the response is dependent upon the severity of the issue/support problem, as defined
below:
The severity of the issue/support problem shall determine the average problem resolution response
time in any calendar month of the contract as follows:
*If the remote support tool is not installed or available all issues will fall into the general assistance and the severity
levels are no longer applicable.
Severity Level 1 shall be defined as urgent situations,when the Client's production system is down
and the Client is unable to use DbK, Karpel Solutions'technical support staff shall accept the
Client's call for assistance at the time the Client places the initial call; however, if such staff
is not immediately available, Karpel Solutions shall return the customer's call within one (1)
business hour. Karpel Solutions shall resolve Severity Level 1 problems as quickly as possible,
which on average should not exceed two (2) business days, unless otherwise authorized in
writing by the Client.
Severity Level 2 shall be defined as critical software system component(s) that has significant
outages and/or failure precluding its successful operation, and possibly endangering the
customer's environment. DbK may operate but is severely restricted. Karpel Solutions'
technical support staff shall accept the customer's call for assistance at the time the
customer places the initial call; however, if such staff is not immediately available, Karpel
Solutions shall return the Client's call within four (4) business hours. Karpel Solutions shall
resolve Severity Level 2 problems as quickly as possible, which on average should not exceed
three (3) business days, unless otherwise authorized in writing by the customer.
Severity Level 3 shall be defined as a minor problem that exists with DbK but the majority of the
functions are still usable and some circumvention may be required to provide service. Karpel
Solutions' technical support staff shall accept the Client's call for assistance at the time the
customer places the initial call; however, if such staff is not immediately available, Karpel
Solutions shall return the Client's call on average no later than the next business day. Karpel
Solutions shall resolve Severity Level 3 problems as quickly as possible, which should not
exceed the next available release of software, unless otherwise authorized in writing by the
Client.
General Assistance: For general software support/helpdesk calls not covered by the above
severity level descriptions, Karpel Solutions' technical support staff shall accept the Client's
call for assistance at the time the Client places the initial call; however, if such staff is not
immediately available, Karpel Solutions shall return the Client's call on average no later than
the next business day.
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RPEL
SOLUTIONS
9717 Landmark Parkway I St.Louis, MO 63127 1 (314)892-6300
7. LICENSE TERMS AND USE
This software, DbK, is a proprietary product of Karpel Solutions. It is licensed (not sold) and is licensed
to Client for its use only by the terms set forth below.
1. In consideration of payment of a sublicense fee, Karpel Solutions hereby grants Client a non-exclusive
and non-transferable sublicense to use any associated manuals and/or documentation furnished.
2. Client cannot distribute, rent, sublicense or lease the software. A separate license of DbK is required
for each user or employee. Each license of DbK may not be shared by more than one full time employee
or user(40 hours per week), nor more than two (2) part-time employees or users, working no more than
40 hours per week together. The Client agrees that Karpel Solutions will suffer damages from the
Client's breach of this term and further agrees that as such Karpel Solutions shall be entitled to the cost
of the license, installation and training costs associated for each violation, including Karpel Solutions'
reasonable attorneys' fees and costs.
3. License does not transfer any rights to software source codes, unless Karpel Solutions ceases to do
business without transferring its duties under this agreement to another qualified software business.
Karpel Solutions will, at client's expense, enter into escrow agreement for the storage of the source
codes.
4. DbK and its documentation are protected by copyright and trade secret laws. Client may not use,
copy, modify, or transfer the software or its documentation, in whole or in part, except as expressly
provided for herein. Karpel Solutions retains all rights in any copy, derivative or modification to the
software or its documentation no matter by whom made. DbK is licensed for a single installation of one
full time employee. A separate license is required for each installation of DbK. Client shall not provide or
disclose or otherwise make available DbK or any portion thereof in any form to any third party. Client
agrees that unauthorized copying and distribution will cause great damage to Karpel Solutions and this
damage is far greater than the value of the copies involved.
5. DbK was developed exclusively at private expense and is Karpel Solutions' trade secret. For all
purposes of the Freedom of Information Act or any other similar statutory right of"open" or public
records the Software shall be considered exempt from disclosure. DbK is "commercial computer
software" subject to limited utilization "Restricted Rights." DbK, including all copies, is and shall remain
proprietary to Karpel Solutions or its licensors.
6. Public Agency Participation: Other public agencies may utilize the terms and conditions established
by this Contract. "Public agency", for purposes of this paragraph, is defined to include any city, county,
district, public authority, public agency, municipality, and other political subdivision. Mason County is
not an agent, partner, or representative of such public agency, and is not obligated or liable for any
action or debts that may arise out of such independently negotiated procurements.These so called
"piggy-back" awards shall be made independently by each public agency, and that agency shall accept
sole responsibility for placing orders with Vendor. Mason County does not accept any responsibility or
involvement in the purchase orders or Contracts issued by other public agencies.Any such contract by
another public agency must be in accordance with the statutes, codes, ordinances, charter and/or
procurement rules and regulations of such public agency.
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RPEL
SOLUTIONS
9717 Landmark Parkway I St.Louis,MO 63127 1 (314)892-6300
IN WITNESS WHEREOF, the parties have caused this Agreement subject to the Master Terms and
Conditions set forth below to be executed on the date first above written.This proposal is offered as an
all-inclusive turnkey solution and, unless noted otherwise, pricing is based on acceptance of both
services and licenses. Any changes to this solution may result in additional costs. If not accepted within
thirty (30) days, Karpel Solutions reserves the right to withdraw this proposal. Should any adjustments
to this proposal become necessary; Karpel Solutions will draft and present a "Change Order" to Client
for its review and approval. This offer is entire agreement between the parties, and no oral agreements
or other written documents, exclusive of the attached exhibits are part of the agreement. Any
modifications of this agreement must be in writing, and prior to acceptance of this offer, Karpel
Solutions reserves the right to make modifications to this offer. The signatories warrant they have the
authority to bind their respective party.
Mason County Karpel Solutions
Signature Signature
b_r ZIeM1AfJ:Sk-I
Printed Name Printed Name
C L�
Title Title
Z 1Zy7,0Z (
Date Date
Initials Page 11 of 18
"EL
SOLUTIONS
9717 Landmark Parkway I St.Louis,MO 63127 1 (314)892-6300
Mailing Contact:
Mailing Address:
Billing Contact:
Billing Address:
Tax Exempt? No ❑ Yes ❑ If Yes, please attach copy of tax exempt certificate
Agency Proiect Manager Contact:
Phone Number:
Email Address:
Proiect IT Contact:
Phone Number:
Email Address:
Initials Page 12 of 18
RPEL
SOLUTIONS
9717 Landmark Parkway I St.Louis, MO 63127 1 (314)892-6300
8. MASTER TERMS AND CONDITIONS
KARPEL COMPUTER SYSTEMS, INC. (dba "Karpel Solutions"),
MASTER TERMS AND CONDITIONS
GENERAL TERMS
1. ACCEPTANCE TERM. The proposal attached to these Master Terms and Conditions is tendered for
acceptance in its entirety within thirty (30) days from the date of the proposal, after which it is to be
considered null and void.
2. PAYMENT TERMS. A statement for services rendered will be submitted by Karpel Solutions at the
completion of the service. The invoice is payable upon receipt. Terms are Net thirty (30) days.
Interest shall be applied at the rate of one and one half percent (1.5%) per month on any amounts
not received by Karpel Solutions within the due date. Karpel Solutions reserves the right to
discontinue performing services for client in the event of nonpayment of services by client, and client
agrees to reimburse Karpel Solutions for reasonable collection expenses on delinquent accounts,
including attorney's fees and costs.
3. ASSIGNMENT. This Agreement will inure to the benefit of and be binding upon Karpel Solutions and
Client and Karpel Solutions' respective successors and assigns. Notwithstanding the foregoing, Client
may not assign or otherwise transfer this Agreement or Client's rights and obligations under this
Agreement without the prior written consent of Karpel Solutions, and any purported assignment or
other transfer without such consent will be void and of no force or effect. Karpel Solutions may
assign and/or transfer this Agreement or Karpel Solutions' rights and obligations under this
Agreement at any time
4. MODIFICATION AND WAIVER. Any modifications of this Agreement must be in writing and signed by
both parties. Neither party will be deemed to have waived any of its rights under the Agreement by
any statement or representation other than (i) by an Authorized Representative and (ii) in an explicit
written waiver. No waiver of a breach of this agreement will constitute a waiver of any prior or
subsequent breach of this Agreement.
5. FORCE MAJEURE. Neither party shall be deemed in default of this Agreement to the extent that
performance of its obligations or attempts to cure any breach thereof are delay or prevented by
reason of any act of God, government, fire, natural disaster, accident, terrorism, network or
telecommunication system failure, sabotage or any other cause beyond the control of such party
("Force Majeure"), provided that such party promptly gives the other party written notice of such
Force Majeure.
6. INDEPENDENT CONTRACTORS. The parties will be deemed to have the status of independent
contractors, and nothing in this Agreement will be deemed to place the parties in the relationship of
employer-employee, principal-agent, or partners or joint ventures. Neither party has the authority
to bind, commit or make any representations, claims or warranties on behalf of the other party
without obtaining the other party's prior written approval.
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RPEL
SOLUTIONS
9717 Landmark Parkway I St.Louis,MO 63127 1 (314)892-6300
7. SOFTWARE ANOMALIES. New commercial software releases or upgrades, or any hardware and/or
software owned by or licensed to Client, used in connection with Karpel Solutions services may have
anomalies, performance or integration issues unknown to Karpel Solutions which can impact the
timely, successful implementation of information systems. Karpel Solutions will inform the client
promptly if this occurs and will attempt to analyze, correct and/or work around the anomalies or
performance issues on a "best effort" basis. Karpel Solutions is not responsible for any delay or
inability to complete its services if such anomalies or performance issues occur. Client is responsible
for payment for all of Karpel Solutions' services at the rate stated in the proposal whether or not a
successful solution is achieved.
8. SOFTWARE AUDIT. Client agrees to allow Karpel Solutions the right to audit Client's use of DbK and
licenses of DbK at any time. Client will cooperate with the audit, including providing access to any
books, computers, records or other information that relate to the use of DbK. Such audit will not
unreasonably interfere with Client's activities. In the event that an audit reveals unauthorized use,
reproduction, distribution, or other exploitation of DbK, Client will reimburse Karpel Solutions for
the reasonable cost of the audit, in addition to such other rights and remedies that Karpel Solutions
may have. Karpel Solutions will not conduct an audit more than once per year.
9. CLIENT ENVIRONMENT. Client is responsible for the application, operation and management of its
information technology environment, including but not limited to: (a) purchasing, licensing and
maintaining hardware and software; (b) following appropriate operating procedures; (c) following
appropriate protective measures to safeguard the software and data from unauthorized duplication,
modification, destruction or disclosure; (d) following adequate backup contingency plans; and (e)
employing qualified personnel to obtain the desired results. Karpel is not responsible for the loss of
data in DbK or security breaches that result in the unauthorized dissemination of data contained in
DbK that is the result of Client not following appropriate operating procedures,security and protective
measures and/or following adequate backup contingency plans.
10. MATERIALS. Client will pay Karpel Solutions for materials purchased for the client's use. Materials
may include computer hardware, software, hosting, facility leases, other services,
telecommunications charges, freight, shipping, mailing, document reproduction and any other such
costs incurred in performance of services for client. Upon mutual agreement, client will reimburse
Karpel Solutions for all out-of-town travel expenses, such as automobile/airline travel, hotel, meals,
and cab fare. Billing for services rendered on-site on an as needed basis will include portal-to-portal
time.
11. TERMINATION. Client may terminate the Annual Support portion of this Agreement thirty (30)
business days after it is has provided Karpel Solutions with written notice that it believes that Karpel
Solutions has failed to perform under, or materially breaches, the Annual Support portion of this
Agreement and of the Client's intent to terminate the Annual Support portion of this Agreement. Such
written notice is to be sent Certified US Mail to Karpel Solutions at 9717 Landmark Parkway Dr.,Suite
200, St. Louis, MO 63127. Thereafter, Karpel Solutions will have thirty (30) business days from the
receipt of such notice to correct the stated problem. If at the end of such thirty (30) business day
period, Karpel Solutions has not corrected the stated problem, then client may terminate the Annual
Support portion of this Agreement. Karpel Solutions may terminate the Annual Support portion of
this Agreement on thirty (30) days written notice.
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RPEL
SOLUTIONS
9717 Landmark Parkway I St.Louis,MO 63127 1 (314)892-6300
12. COPYRIGHT. Karpel Solutions reserves the right to seek damages if Client is responsible for a
subsequent violation of Karpel Solutions' copyright, and Client assumes responsibility for the acts
and omissions of its agents acting in the course of their duties or otherwise with respect to the
protection of Karpel Solutions' copyright.
LIMITED WARRANTIES, LIMITATION OF LIABILITY, INDEMNIFICATION
1. LIMITED WARRANTY. Karpel Solutions warrants it will perform all services in a professional manner
by qualified personnel. Karpel Solutions warrants it has the requisite power and authority to enter
into and perform its obligations under this Agreement. Karpel Solutions warrants that the
performance by Karpel Solutions of any services described in the Agreement shall be in compliance
with all applicable laws, rules and regulations. No representations or warranties as to the use,
functionality or operation of DbK are made by Karpel Solutions other than as expressly stated in this
Agreement.
2. INTERNET AND NETWORK. Karpel Solutions makes DbK available to Client through the Internet
and/or Client's own network and systems, to the extent commercially reasonable, and subject to
outages, communication and data flow failures, interruptions and delays inherent in the Internet
and network communications on the Client's own network and systems. Client recognizes that
problems with the Internet, including equipment, software and network failures, impairments or
congestion, or the configuration of Client's own computer systems and network, may prevent,
interrupt or delay Client's access to DbK. Karpel Solutions is not liable for any delays, interruptions,
suspensions or unavailability of DbK attributable to problems with the Internet or the configuration
of Client's computer systems or network.
3. PASSWORD PROTECTION.Access to DbK is password-protected. Karpel Solutions provides multiple
authentication alternatives for access to DbK. KARPEL SOLUTIONS STRONGLY ENCOURAGES THE USE
OF STRONG PASSWORD AUTHENTICATION. Karpel Solutions is not responsible for Client's use of the
DbK. Only the number of users set forth above may access the Service and Website. Client must
inform their users that they are subject to, and must comply with, all of the terms of this
Agreement. Client is fully responsible for the activities of Client's employees and authorized agents
who access to DbK. Karpel Solutions is not liable for any unauthorized access to DbK and data or
information contained therein, including without limitation access caused by failure to protect the
login and password information of users.
4. SYSTEM REQUIREMENTS. Karpel Solutions provides DbK based upon the system requirements as
specified by Karpel Solutions for Client. Karpel Solutions has no liability for any failure of DbK based
upon Client's failure to comply with the system requirements of Karpel Solutions.
5. THIRD PARTY SOFTWARE. Karpel Solutions makes no express or implied warranties as to the quality
of third party software or as to Karpel Solutions'ability to support such software on an on-going basis.
6. LIMITED ENGAGEMENT. Due to the limited nature of Karpel Solutions' engagement by client, Karpel
Solutions makes no express or implied warranties as to the quality of, or the ability of software
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Z;:PEL
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9717 Landmark Parkway I St.Louis,MO 63127 1 (314)892-6300
developed by Karpel Solutions to operate with, any hardware, network, software, systems and/or
external data flows already in place at client's facilities or as may be added by the client.
7. DISCLAIMER. THE FOREGOING WARRANTIES ARE EXCLUSIVE AND ARE MADE IN LIEU OF ALL OTHER
WARRANTIES, EITHER EXPRESS AND IMPLIED, WHICH ARE HEREBY DISCLAIMED, INCLUDING
WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NONINFRINGEMENT,TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING OUT OF
A USE IN TRADE OR COURSE OF DEALING OR PERFORMANCE. KARPEL SOLUTIONS DOES NOT
WARRANT(i) THAT ACCESS TO OR USE OF ALL OR ANY PART OF DBK WILL BE CONTINUOUS, ERROR-
FREE OR UNINTERRUPTED, (ii)THAT THE RESULTS ARISING OUT OF CLIENT'S USE OF DBK WILL BE
ACCURATE, COMPLETE OR ERROR-FREE, OR (iii)THAT THE SERVICE, SOFTWARE, DOCUMENTATION
OR WEBSITE WILL MEET CLIENT'S NEEDS.
KARPEL SOLUTIONS EMPLOYEES
Karpel Solutions has spent substantial sums of money and invested large amounts of time in recruiting,
supervising and training Karpel Solutions employees. Client further agrees that it has a unique opportunity
to evaluate Karpel Solutions employees' performance, and has the potential to hire Karpel Solutions
employees, and further agrees that such hiring away would substantially disrupt the essence of Karpel
Solutions' business and ability to provide its services for others, and as such Karpel Solutions cannot agree
to such a hiring. The Client acknowledges that Karpel Solutions employees work for Karpel Solutions under
a non-competition agreement; therefore, Client agrees it shall not solicit for employment or contract as
an independent contractor, or otherwise hire or engage a Karpel Solutions employee during the term of
this Agreement or for a period of 2 years after the completion/termination of the project, whichever is
longer.
CONFIDENTIALITY
1. CONFIDENTIALITY. Neither party shall disclose or use any confidential or proprietary information of
the other party. The foregoing obligations shall not apply to information which: (i) is or becomes
known publicly through no fault of the receiving party; (ii) is learned by the receiving party from a
third party entitled to disclose it; or(iii) is already known to the receiving party.
2. PERSONALLY IDENTIFIABLE INFORMATION.The parties recognize that certain data Client or Karpel
Solutions may use in conjunction with the DbK may be confidential personally identifiable
information of third parties. Karpel Solutions shall use all best efforts to protect the confidentiality
of personally identifiable information of third parties. Karpel Solutions shall have no liability for
disclosure of personally identifiable information caused by Client's own negligence or misconduct.
3. DISCLOSURE REQUIRED BY LAW. In the event that any confidential or proprietary information is
required to be disclosed pursuant to any law, code, regulation or court order from a court of
competent jurisdiction, the receiving party shall give the disclosing party immediate written notice
of such requirement and shall use its best efforts to seek or to cooperate with the disclosing party in
seeking a protective order with respect to the confidential information requested.
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ZSRPEL
OLUTIONS
9717 Landmark Parkway I St.Louis, MO 63127 1 (314)892-6300
4. SIMILAR PROGRAMS AND MATERIALS. Provided Karpel Solutions does not violate the provisions of
this section regarding confidentiality, the Agreement shall not preclude Karpel Solutions from
developing for itself, or for others, programs or materials which are similar to those produced as a
result of services provided to Client.
5. INJUNCTIVE RELIEF. Any breach of the confidentiality provisions of this Section will cause irreparable
harm to the other party. The parties agree that the non-breaching party may enforce the provisions
of this Section by seeking an injunction, specific performance, criminal prosecution or other equitable
relief without prejudice to any other rights and remedies the non-breaching party may have.
MARKETING
1. Client agrees that Karpel Solutions may identify Client as a customer of Karpel Solutions in Karpel
Solutions' written promotional and marketing materials, as well as in any oral or visual presentations
regarding the business of Karpel Solutions.
2. Provided Karpel Solutions does not violate the provisions of the foregoing section regarding
confidentiality, Karpel Solutions shall have the right to demonstrate for other prospective clients any
application developed by Karpel Solutions under this Agreement and shall have the right to include
information about any such application in marketing materials and presentations.
MISCELLANEOUS
1. ELECTRONIC DOCUMENTS.To the extent possible, and under the terms required by Client, Client and
Karpel Solutions may communicate by electronic means, including but not limited to facsimile
documents. Both parties agree that: a signature or an identification code ("USERID")contained in an
electronic document is legally sufficient to verify the sender's identity and the document's
authenticity; an electronic document that contains a signature or USERID is a signed writing; and that
an electronic document, or any computer printout of it, is an original when maintained in the normal
course of business.
2. SEVERABILITY. If any portion of this Agreement is held to be void, invalid or otherwise unenforceable,
in whole or in part, then the remaining portions of the Agreement shall remain in effect. This is the
complete and exclusive statement of the Agreement between the parties which supersedes all
proposals, oral or written, relating to the subject matter of this Agreement.
3. ENTIRE AGREEMENT. This Agreement constitutes the sole agreement between client and Karpel
Solutions with respect to the subject matter hereof. It may not be modified or assigned except by
written agreement of Client and Karpel Solutions.
4. NOTICES. Any notices provided under this Agreement will be in writing in the English language and
will be deemed to have been properly given if delivered personally or if sent by (i) a recognized
overnight courier, (ii) certified or registered mail, postage prepaid, return receipt requested, or(iii)
facsimile, if confirmed by mail. Karpel Solutions' address for such notices is set forth below. Client's
address for such notices will be the address on file with Karpel Solutions as provided by Client. Such
address or contact information may be revised from time to time by provision of notice as described
Initials Page 17 of 18
RPEL
SOLUTION S
9717 Landmark Parkway I St.Louis,MO 63127 1 (314)892-6300
in this Section. All notices sent by mail will be deemed received on the tenth (loth) business day
after deposit in the mail. All notices sent by overnight courier will be deemed given on the next
business day after deposit with the overnight courier. All notices sent by facsimile will be deemed
given on the next business day after successful transmission.
Karpel Solutions
9717 Landmark Parkway Dr., Suite 200
St. Louis, MO 62127
(314) 892-6300
mziemianski@karpel.com
5. GOVERNING LAW. The parties agree that Washington law applies to all matters of interpretation of
this agreement.The parties further agree that the prevailing party shall be entitled to a judgment
for its reasonable attorneys' fees and costs.
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MASON COUNTY PUBLIC DEFENDER'S OFFICE
MASON COUNTY, WA
HOSTEDbyKarpei
AGREEMENT FOR
byKAUEL
HOSTEDbyKarpel®
RPEL
SOLUTIONS
9717 Landmark Parkway I St.Louis,MO 63127 1 (314)892-6300
TABLE OF CONTENTS
1. DEFINITIONS..........................................................................................................................................3
2. FEES AND TERMS...................................................................................................................................4
3. SERVICE LEVEL COMMITMENT..............................................................................................................5
4. CUSTOMER OBLIGATIONS...................................................................................................................6-
5. CONFIDENTIALITY..................................................................................................................................6
6. OWNERSHIP OF INTELLECTUAL PROPERTY...........................................................................................7
7. WARRANTY............................................................................................................................................7
8. LIMITATION OF LIABILITY......................................................................................................................8
9. INDEMNIFICATION ................................................................................................................................9
10. TERMINATION .................................................................................................................................10
11. GENERAL PROVISIONS.....................................................................................................................10
12. ENTIRE AGREEMENT........................................................................................................................12
Initials Page 2 of 12
ARPEL
SOLUTIONS
9717 Landmark Parkway I St.Louis,MO 63127 1 (314)892-6300
This agreement between Karpel Computer Systems Inc., a Missouri corporation, doing business
as Karpel Solutions (hereinafter referred to as "Karpel Solutions") and Mason County, a political
subdivision of the Washington (hereinafter referred to as "Client") is for the purposes of reviewing this
proposal and to enter into the contract below wherein Karpel Solutions agrees to provide internet based
software hosting through HOSTEDbyKarpel of the copyrighted software program known as
PROSECUTORbyKarpel°that has been licensed to Client.
1. DEFINITIONS
a. "Confidential Information" means information of either Karpel Solutions or Client which is
disclosed under this Agreement in oral, written, graphic, machine recognizable, electronic,
sample or any other visually perceptible form by one of us to the other, and which is
considered to be proprietary or trade secret by the disclosing party. Confidential
Information of Karpel Solutions expressly includes, without limitation, the Software and
Documentation. The Confidential Information of Client includes, without limitation,
Personally Identifiable Information and Client Content. Confidential Information shall not
include information which the party receiving the information can document: (i) was in the
possession of or known by it without an obligation of confidentiality prior to receipt of the
information, (ii) is or becomes general public knowledge through no act or fault of the party
receiving the information, (iii) is or becomes lawfully available to the receiving party from a
third party without an obligation of confidentiality, or(iv) is independently developed by the
receiving party without the use of any Confidential Information.
b. "Client Content" means all data, information, documents, and file Client uploads or inputs
into PbK on the Service through the website, including, without limitation, Personally
Identifiable Information.
c. "Enhancements" means any specific configurations or customizations to the Software,
which Client may request and Karpel Solutions agrees in writing to provide.
d. "Documentation" means any operating instructions, specifications and other
documentation related to the operation, description and function of PbK, the Service or
Website provided by Karpel Solutions whether supplied in paper or electronic form.
e. "Intellectual Property" means any patents, patent applications, copyrights, mask works,
trademarks, service marks, trade names, domain names, inventions, improvements
(whether patentable or not), trade secrets, Confidential Information, moral rights, and any
other intellectual property rights.
f. "Hosted" or"Hosting" means the act of providing service and access to Client Content by
the Internet.
g. "Personally Identifiable Information" means any information that may be used to identify
specific persons or individuals, which is collected by either Karpel Solutions or Client for use
in conjunction with the use of PbK or DbK on HOSTEDbyKarpel. Personally Identifiable
Information shall be considered Confidential Information.
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h. "PbK" means the PROSECUTORbyKarpel criminal case management system and specifically
the Client's licensed copy of PROSECUTORbyKarpel
i. "DbK" means the DEFENDERbyKarpel public defender case management system and
specifically the Client's licensed copy of DEFENDERbyKarpel.
j. "Service" means the HOSTEDbyKarpel hosting platform provided by Karpel Solutions which
allows internet-based hosting of the Client's licensed copy of PbK through the Website.
k. "Service Level Requirements" means the technical service levels Karpel Solutions shall meet
for Services as set forth below in the Service Level Commitments for the delivery of the
Services.
I. "Software" means the Client's licensed copy of the PbK application, and includes any and all
updates, enhancements, underlying technology or content, law enforcement transfer
interfaces, other Enhancements and any Documentation as may be provided the Client by
Karpel Solutions.
m. "Website" means the content and functionality currently located at the domain
www.hostedbykarpe1.com on the internet, or any successor or related domain that provides
access to the Software and Service
2. FEES AND TERMS
a. FEES. Client will pay Karpel Solutions$100 per year for each user that has access to the
Software through the Service and Website. A total of seven (7) users of Client are authorized
access to the Service under this Agreement and the aggregate document/file storage space
for all users included with the hosted fee is two terabytes (2TB) of storage. Additional users
can be added at any time by Client at a rate of$100 per year. If storage exceeds 2TB, any
additional storage above 2TB will be billed at a flat rate of$1,000 per 1TB, per year with no
additional notice provided to the Client. Client will be billed on an annual basis.
In the event Client or Karpel terminates this agreement, Client understands and agrees to
pay$1,000 to Karpel Solutions for work in connection with the return of Client Content and
Confidential Information.
Client will pay Karpel Solutions a flat one-time fee of$1,000.00 for the migration of their
PbK licensed copy to the Service accessible through the Website
b. TERM.The term of this Agreement shall be for(1)year and will begin upon Karpel Solutions'
receipt of Client's full payment of the applicable fees for a year. Such term shall be
perpetual and automatically renew for subsequent terms of equal length, unless either
Karpel Solutions or Client gives notice to the other party thirty (30) days prior to the
expiration of the then-current term of intent not to renew. Prior to the expiration of the
term, Karpel Solutions will send Client a renewal invoice, which must be paid in full within
thirty (30) days from the date of the invoice. Pricing of subsequent annual terms may be
subject to change at the sole discretion of Karpel Solutions.
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c. INTEREST AND LATE FEES. Past due accounts will be charged interest on a monthly basis,
calculated at one and one-half percent (1.5%) per month of the unpaid balance or the
maximum rate allowable by law.
3. SERVICE LEVEL COMMITMENT
a. UPTIME. Karpel Solutions is committed to providing the Software, Website and Service in a
consistent and reliable manner. Karpel Solutions will provide the Software, Website and
Service to Client with a stated minimum uptime of 99.5%to Client.
b. SCHEDULED MAINTENANCE. Karpel Solutions periodically performs scheduled maintenance
including but not limited to outline, preventative or emergency maintenance of the
Software, Website, and/or Service. Client understands that schedule maintenance may
affect availability of the Service, Website, and/or Software. If schedule maintenance is to be
performed Karpel Solutions will provide notice to Client three (3) days prior to the
scheduled maintenance. Karpel Solutions will make every effort to schedule maintenance
outside of normal business hours of the client between the hours of ten (10) p.m. and five
(5) a.m. Central Standard Time.
c. DATA RETENTION AND BACKUPS. As a part of the Service and Website, Karpel Solutions will
maintain under this Agreement consistent, regular and validated backup both onsite and
offsite of the Client Content, Confidential Information and Software. Backups occur and will
be maintained pursuant to Karpel Solutions internal backup policies. Upon written request,
Karpel Solutions will make available to Client a copy of Karpel Solutions' current backup
policies and procedures.
d. AUDITS AND SECURITY. Karpel Solutions is committed to maintaining the security of Client
Content, Confidential Information, and Software on Karpel Solutions' Service and Website.
Karpel Solutions will maintain the Software, Website and Service in a secure manner subject
to the Customer Obligations outlined below. Karpel Solutions will perform annual security
audits of the Website and Service to ensure the integrity and security of the Website and
Service. Results of the Audits and Security Policy for Karpel Solutions will be made available
to Client upon written request.
e. DATA TRANSMISSION. Karpel Solutions ensures that all data transmitted to and from the
Service and Website is transmitted at a minimum level of 128-bit SSL encryption using digital
certificates issued by an internationally-recognized domain registrar and certificate
authority.
f. DATA LOCATION. Karpel Solutions will maintain the Service, Software, Client Content and
Confidential Information of Client in a SAS 70/SSAE 16 certified data facility.
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9717 Landmark Parkway I St.Louis,MO 63127 1 (314)892-6300
4. CUSTOMER OBLIGATIONS
a. PASSWORD PROTECTION. Access to the Software through the Service and Website is
password-protected. Karpel Solutions provides multiple authentication alternatives for
access to the Website and Software. KARPEL SOLUTIONS STRONGLY ENCOURAGES THE USE
OF STRONG PASSWORD AUTHENTICATION. Karpel Solutions is not responsible for Client's
use of the Service, Website or Software. Only the number of users set forth above may
access the Service and Website. Client must inform their users that they are subject to, and
must comply with, all of the terms of this Agreement. Client is fully responsible for the
activities of Client's employees and authorized agents who access the Service and Website.
Karpel Solutions is not liable for any unauthorized access to the Service and Website,
including without limitation access caused by failure to protect the login and password
information of users.
b. RESTRICTIONS ON USE. Client agrees to conduct all activities on the Service and Website in
accordance with all applicable laws and regulations. Access to the Service, Website,
Software and Documentation must be solely for Client's own internal use. Client may not
(and may not allow any third party to) (i) decompile, mirror, translate, disassemble or
otherwise reverse engineer any part of the Software, source code, algorithms, or underlying
ideas of the Software; (ii) provide, lease, lend, subcontract, sublicense, re-publish or use for
timesharing, service bureau or hosting purposes any or all of the Software or
Documentation; or (iii) reproduce, modify, copy, distribute, publish, display or create
derivative works of any or all of the Software or Documentation or(iv) alter, remove, or
obscure any copyright, trademark or other proprietary notices or confidentiality legends on
or in the Software or Documentation.
c. SUSPENSION. Karpel Solutions reserves the right to immediately suspend access to Software
without notice and at any time that Karpel Solutions suspects or has reason to suspect a
security, data breach or if suspension is necessary to protect its rights, Client's rights or the
rights of a third party. Karpel Solutions will immediately contact Client upon suspension of
the Service and Website.
5. CONFIDENTIALITY
CONFIDENTIALITY. Confidential Information may not be, directly or indirectly, copied,
reproduced, or distributed by either party to the Agreement receiving the Confidential
Information except to the extent necessary for the receiving party to perform under the
terms of this Agreement and only for the sole benefit of the party disclosing the Confidential
Information. The party to the Agreement receiving Confidential Information may not,
directly or indirectly, sell, license, lease, assign, transfer or disclose the Confidential
Information of the disclosing party, except as allowed under the terms of this Agreement or
upon written consent of the disclosing party.
a. PERSONALLY IDENTIFIABLE INFORMATION. The parties recognize that certain data Client or
Karpel Solutions may use in conjunction with the Software may be confidential Personally
Identifiable Information. Karpel Solutions shall use all best efforts to protect the
confidentiality of Personally Identifiable Information. Karpel Solutions shall have no liability
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for disclosure of Personally Identifiable Information caused by Client's own negligence or
misconduct.
b. DISCLOSURE REQUIRED BY LAW. In the event that any Confidential Information is required
to be disclosed pursuant to any law, code, regulation or court order from a court of
competent jurisdiction, the receiving party shall give the disclosing party immediate written
notice of such requirement and shall use its best efforts to seek or to cooperate with the
disclosing party in seeking a protective order with respect to the Confidential Information
requested.
c. INJUNCTIVE RELIEF. Any breach of the confidentiality provisions of this Section will cause
irreparable harm to the other party.The parties agree that the non-breaching party may
enforce the provisions of this Section by seeking an injunction, specific performance,
criminal prosecution or other equitable relief without prejudice to any other rights and
remedies the non-breaching party may have.
6. OWNERSHIP OF INTELLECTUAL PROPERTY
a. KARPEL SOLUTIONS OWNERSHIP. Karpel Solutions retains all right, title and interest in and
to the Software, Documentation, Website, Service and related Intellectual Property. Any
suggestions, solutions, improvements, corrections or other contributions Client provides
regarding the Software, Documentation, Website or Services will become the property of
Karpel Solutions and Client hereby assigns all such rights to Karpel Solutions without charge.
b. CLIENT OWNERSHIP. Client retains all rights, title and interest in and to the Client Content,
and all related Intellectual Property. Client hereby grants to Karpel Solutions and Karpel
Solutions hereby accepts a non-exclusive, non-transferable, worldwide, fully-paid license to
use, copy, and modify the Client Content solely to the extent necessary and for the sole
purposes of providing access to the Software, Documentation, Website, and Services or
otherwise complying with its obligations under this Agreement.
7. WARRANTY
a. LIMITED WARRANTY. Karpel Solutions warrants it will provide the Services and Website in a
professional manner by qualified personnel. Karpel Solutions warrants it has the requisite
power and authority to enter into and perform its obligations under this Agreement. Karpel
Solutions warrants that the performance by Karpel Solutions of any services described in the
Agreement shall be in compliance with all applicable laws, rules and regulations. Karpel
Solutions warrants it will provide access to and use of the Software, Service and Website in
material accordance with the Service Level Commitment outlined above. No representations
or warranties as to the use, functionality or operation of the Website, Software, or Service
are made by Karpel Solutions other than as expressly stated in this Agreement.
b. INTERNET. Karpel Solutions makes the Website, Software and Services available to Client
through the internet to the extent commercially reasonable, and subject to outages,
communication and data flow failures, interruptions and delays inherent in Internet
communications. Client recognizes that problems with the Internet, including equipment,
software and network failures, impairments or congestion, or the configuration of Client's
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computer systems, may prevent, interrupt or delay Client's access to the Service, Website or
Software. Karpel Solutions is not liable for any delays, interruptions, suspensions or
unavailability of the Website or Software attributable to problems with the Internet or the
configuration of Client's computer systems or network.
c. SYSTEM REQUIREMENTS. Karpel Solutions provides the Services and Website based upon
the system requirements as specified by Karpel Solutions for Client. Karpel Solutions has no
liability for any failure of the Services or the Software based upon Client's failure to comply
with the system requirements of Karpel Solutions.
d. WARRANT LIMITATION. The warranties set forth in this Agreement do not apply if non-
compliance is caused by, or has resulted from (i) Client's failure to use any new or corrected
versions of the Software or Documentation made available by Karpel Solutions, (ii) use of
the Software or Documentation by Client for any purpose other than that authorized in this
Agreement, (iii) use of the Software or Documentation in combination with other software,
data or products that are defective, incompatible with, or not authorized in writing by
Karpel Solutions for use with the Software or Documentation, (iv) misuse of the Software or
Documentation by, (v) any malfunction of Client's software, hardware, computers,
computer-related equipment or network connection, (vi) any modification of the Software
not performed by or otherwise authorized by Karpel Solutions in writing, or(vii) an event of
Force Majeure.
e. DISCLAIMER. THE FOREGOING WARRANTIES ARE EXCLUSIVE AND ARE MADE IN LIEU OF ALL
OTHER WARRANTIES, EITHER EXPRESS AND IMPLIED, WHICH ARE HEREBY DISCLAIMED,
INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NONINFRINGEMENT,
TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES
ARISING OUT OF A USE IN TRADE OR COURSE OF DEALING OR PERFORMANCE. KARPEL
SOLUTIONS DOES NOT WARRANT(i)THAT ACCESS TO OR USE OF ALL OR ANY PART OF THE
SERVICE, SOFTWARE, DOCUMENTATION OR WEBSITE WILL BE CONTINUOUS, ERROR-FREE
OR UNINTERRUPTED, (ii)THAT THE RESULTS ARISING OUT OF CLIENT'S USE OF THE
SOFTWARE, DOCUMENTATION OR WEBSITE WILL BE ACCURATE, COMPLETE OR ERROR-
FREE, OR (iii) THAT THE SERVICE, SOFTWARE, DOCUMENTATION OR WEBSITE WILL MEET
CLIENT'S NEEDS.
f. EXCLUSIVE REMEDIES. If the Website, or Services provided under this Agreement does not
materially comply with the requirements stated in the Limited Warranty Section outlined
above, Karpel Solutions sole obligation shall be to correct or modify the Website or Services,
at no additional charge. If Karpel Solutions determines it is unable to correct what is non-
conforming, Client's sole remedy will be to receive a refund of the fees paid for the non-
conforming or Services, even if such remedy fails of its essential purpose. You may also
terminate this Agreement as set forth in the termination provision of this Agreement.
8. LIMITATION OF LIABILITY
KARPEL SOLUTIONS IS NOT RESPONSIBLE FOR ANY LOSS OF DATA, COST OF PROCUREMENT OF
SUBSTITUTE GOODS, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, OR
CONSEQUENTIAL DAMAGES ARISING OUT OF ANY BREACH OF THIS AGREEMENT, EVEN IF
KARPEL SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS
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LIMITATION APPLIES TO ALL CAUSES OF ACTION, WHETHER ASSERTED ON THE BASIS OF
CONTRACT, TORT(INCLUDING NEGLIGENCE OR STRICT LIABILITY), STATUTE OR OTHERWISE.
UNLESS OTHERWISE SPECIFICALLY STATED, ALL REMEDIES AVAILABLE UNDER THIS AGREEMENT
AND ALL REMEDIES PROVIDED BY LAW, WILL BE DEEMED CUMULATIVE AND NOT EXCLUSIVE.
REGARDLESS OF THE FORM OF ANY CLAIM CLIENT MAY HAVE ARISING UNDER OR RELATING TO
THIS AGREEMENT, KARPEL SOLUTIONS LIABILITY FOR ANY DAMAGES SHALL NOT EXCEED THE
FEES CLIENT HAS PAID TO KARPEL SOLUTIONS PURSUANT TO THIS AGREEMENT IN THE PRIOR
TWELVE (12) MONTHS.
9. INDEMNIFICATION
a. CLIENT'S INDEMNIFICATION. Client will indemnify, defend, and hold harmless Karpel
Solutions from and against any and all liability, damage, loss or expense (including
reasonable attorneys' fees) arising out of(i) any claim, demand, action or proceeding,
statutory or otherwise, based on allegations arising as a result of use of the Website,
Software, Documentation or Services in a manner not expressly described or permitted by
this Agreement, (ii) use of the Website, Software, Documentation or Services in any
unlawful manner or for any unlawful purpose, (iii) Karpel Solutions' use of Client Content
that infringes any third party Intellectual Property, or(iv) Karpel Solutions' use of Client
Content as permitted by this Agreement that violates the privacy rights or the rights to
Personally Identifiable Information of a third party.
b. KARPEL SOLULTIONS' INDEMNIFICATION. Karpel Solutions will at its own expense (including
payment of attorneys' fees) defend Client in the event that any suit is brought against Client
based on a claim that the Software directly infringes any valid U.S. Intellectual Property right
and shall indemnify Client from any amounts assessed against Client in a resulting judgment
or settlement of such claims. Karpel Solutions will not be liable for any cost or expense of
defense Client incurs in connection with any such suit or claim, without Karpel Solutions'
prior and specific authorization and consent.
Notwithstanding the foregoing, Karpel Solutions has no obligations under this Section in the
event any infringement claim is solely or in part based upon or arising out of any
modification or alteration to the Software not made by Karpel Solutions, (ii) any
combination or use of the Software with products, hardware or services not supplied by
Karpel Solutions or approved in writing by Karpel Solutions in advance of such combination,
(iii) Client's continuance of allegedly infringing activity after being notified of such activity, or
after being informed of modifications that would have avoided the alleged infringement, (iv)
Client's failure to use corrections or enhancements made available by Karpel Solutions, (v)
use of the Software not in accordance with the applicable Documentation or outside the
scope of this Agreement, or(vi)the use of the Software in a manner for which it was neither
designed nor contemplated.
Karpel Solutions' aggregate liability and obligation under this Section will be will not exceed
the fees Client has paid to Karpel Solutions under this Agreement in the previous twelve (12)
months.The foregoing remedies constitute Client's sole and exclusive remedies, and Karpel
Solutions' entire liability and obligation, with respect to any suit or claim for infringement or
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misappropriation of third-party Intellectual Property or other right by the license and/or use
of the Software.
c. NOTIFICATION. The indemnification obligations set forth above will apply only if and to the
extent (i) the indemnified party gives prompt written notice to the indemnifying party of the
assertion of any such claims, demands, action or proceeding, (ii) the indemnifying party has
the right to select counsel and control the defense and all negotiations for settlement
thereof and (iii) the indemnified party provides all reasonable information, assistance and
cooperation required to defend such claim, demand, action or proceeding. The indemnifying
party shall not settle or dispose of any such claim, demand, action or proceeding without
written notification to the indemnified party provided the settlement or disposal materially
adversely impacts the indemnified party.
10. TERMINATION
a. TERMINATION. Client may terminate this Agreement thirty (30) business days after it is has
provided Karpel Solutions with written notice that it believes that Karpel Solutions has failed
to perform under, or materially breaches, this Agreement and of the Client's intent to
terminate the Agreement. Thereafter, Karpel Solutions will have thirty(30) business days
from the receipt of such notice to correct the stated problem. If at the end of such thirty
(30) business day period, Karpel Solutions has not corrected the stated problem, then client
may terminate this Agreement. Karpel Solutions may terminate this Agreement on thirty
(30) days written notice. Either party may immediately terminate this Agreement in the
event the other party (i) files for, or has filed against it, a bankruptcy petition, and such
petition is not dismissed within sixty (60) days of the filing date; or(ii) ceases to conduct
business in the normal course, (iii) makes an assignment for the benefit of its creditors, (iv)
is liquidated or otherwise dissolved, (v) becomes insolvent or unable to pay its debts in the
normal course, or(vi) has a receiver, trustee or custodian appointed for it.
b. RIGHTS AFTER EXPIRATION OR TERMINATION. Upon expiration or termination of this
Agreement, Karpel Solutions will immediately terminate Client's access to and use of the
Website, Documentation, and Services. Upon expiration or termination of this Agreement,
each party shall immediately cease to make use of any Confidential Information received
from the other party. Within thirty (30) days of written request following termination or
expiration of this Agreement, Karpel Solutions shall coordinate with Client a mutual
agreeable manner for the return of Client Content and Confidential Information obtained or
shared during the course of the Agreement. Client understands that upon any termination
or expiration of this Agreement, Client must return to Karpel Solutions(or destroy and
certify such destruction in writing) any Documentation or other materials provided by
Karpel Solutions, whether in written or electronic form, regarding the Website, Software or
Services provided under this Agreement.Termination is not an exclusive remedy.
11. GENERAL PROVISIONS
a. ASSIGNMENT. This Agreement will inure to the benefit of and be binding upon Karpel
Solutions and Client and Karpel Solutions' respective successors and assigns.
Notwithstanding the foregoing, Client may not assign or otherwise transfer this Agreement
or Client's rights and obligations under this Agreement without the prior written consent of
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Karpel Solutions, and any purported assignment or other transfer without such consent will
be void and of no force or effect. Karpel Solutions may assign and/or transfer this
Agreement or Karpel Solutions' rights and obligations under this Agreement at any time.
b. MODIFICATION AND WAIVER; SEVERABILITY. Any modifications of this Agreement must be
in writing and signed by both parties. A waiver by either party of a term or condition will not
be deemed a waiver of any other or subsequent term or condition. Should any court of
competent jurisdiction determine that any term or provision of this Agreement is
unenforceable, or otherwise invalid, the offending term or provision will be modified to the
minimum extent necessary to render it enforceable. If such modification is not possible, the
term or provision will be severed from this Agreement with the remaining terms to be
enforced to the fullest extent possible under the law.
c. FORCE MAJEURE. Except for a party's payment obligations hereunder, neither party shall be
deemed in default of this Agreement to the extent that performance of its obligations or
attempts to cure any breach thereof are delay or prevented by reason of any act of God,
government, fire, natural disaster, accident, terrorism, network or telecommunication
system failure, sabotage or any other cause beyond the control of such party ("Force
Majeure"), provided that such party promptly gives the other party written notice of such
Force Majeure.
d. INDEPENDENT CONTRACTORS. The parties will be deemed to have the status of
independent contractors, and nothing in this Agreement will be deemed to place the parties
in the relationship of employer-employee, principal-agent, or partners or joint ventures.
Neither party has the authority to bind, commit or make any representations, claims or
warranties on behalf of the other party without obtaining the other party's prior written
approval.
e. NOTICES. Any notices provided under this Agreement will be in writing in the English
language and will be deemed to have been properly given if delivered personally or if sent
by (i) a recognized overnight courier, (ii) certified or registered mail, postage prepaid, return
receipt requested, or(iii) facsimile, if confirmed by mail. Karpel Solutions' address for such
notices is set forth below. Client's address for such notices will be the address on file with
Karpel Solutions as provided by Client. Such address or contact information may be revised
from time to time by provision of notice as described in this Section. All notices sent by mail
will be deemed received on the tenth (10th) business day after deposit in the mail. All
notices sent by overnight courier will be deemed given on the next business day after
deposit with the overnight courier. All notices sent by facsimile will be deemed given on the
next business day after successful transmission.
Karpel Solutions
9717 Landmark Parkway, Suite 200
St. Louis, MO 63127
(314) 892-6300
mziemianski@karpel.com
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f. GOVERNING LAW AND DISPUTE RESOLUTION. This Agreement is to be construed and
governed by the laws of the United States and the State of Washington, without regard to
conflict of law's provisions.Any dispute arising out of or in connection with this Agreement,
which cannot be settled amicably between the parties must be brought exclusively in the
appropriate court located in Washington, and Client expressly waives any and all objections
regarding jurisdiction and forum non conviens. If either Karpel Solutions or Client employs
attorneys to enforce any rights arising out of or relating to this Agreement, the prevailing
party will be entitled to recover reasonable attorneys' fees and costs.
12. ENTIRE AGREEMENT
By signing below, Client hereby agrees to the above Agreement.This document constitutes the
entire agreement between Client and Karpel Solutions with respect to the subject matter
discussed above. Any waiver of any provision of this Agreement will be effective only if in
writing and signed by Karpel Solutions. This Agreement supersedes and replaces all prior or
contemporaneous understandings or agreements, written or oral, regarding this subject matter.
This Agreement will inure to the benefit of Karpel Solutions successors, assigns and licensees.
Mason County Karpel Solutions
Signature Signature
►-JaT
Printed Name Printed Name
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Title Title
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Date Date
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MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Sheryl Hilt Action Agenda _X_
Public Hearing
Other
DEPARTMENT: Sheriff's Office EXT: 636
COMMISSION MEETING DATE: April 13, 2021 Agenda Item #
Commissioner staff to complete)
April 12, 2021
BRIEFING PRESENTED BY: Sheryl Hilt
[] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency:
ITEM:
Approval to apply for a grant from Homeland Security/Federal Emergency
Management Agency for a patrol vessel suitable for operation in Puget Sound.
BACKGROUND:
The FY21 Port Security Grant Program is designated to provide funding to entities
tasked with maritime security. The Sheriffs Office has concurrent jurisdiction with the
US Coast Guard over portions of the lower Puget Sound and is the primary agency
with authority for security and enforcement response of the lower Hood Canal. The
MCSO is a quick response asset in Puget Sound and the new boat will act as a force
multiplier by allowing the move of a smaller vessel to more easily navigable waters.
The Hood Canal and Puget Sound account for over two-thirds of the MCSO water
related calls for service each year. In addition to the security risk, the Hood Canal is a
prime recreational area. However, the deep, cold saltwater and significant winds often
create sudden, hazardous conditions that overwhelm boaters. The proposed vessel will
provide a platform with advanced capabilities to operate in harsh conditions to conduct
rescue and maritime security operations.
The grant request will be approximately $382,000. This money is intended to purchase
a fully equipped 29' Lifeproof Response vessel to replace the 25' Safeboat Response
vessel on Hood Canal. The new vessel would greatly increase the capability of the
MCSO Marine Unit to respond to threats and safety concerns and could be a platform
from which to conduct joint efforts with Coast Guard units for patrol and interdiction.
The Safeboat will be re-located to Puget Sound to provide an adequate response
vessel to safely operate there.
The grant agreement will be brought forward if approved along with a request to
move an appropriate amount of fund balance to operating and a sole source purchase
request.
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n Agenda Item Port Security Grant.docx
RECOMMENDED ACTION:
Approve accepting a Port Security grant of approximately $382,000 from the
Homeland Security/Federal Emergency Management Agency to purchase a fully
equipped 29' Lifeproof Response vessel.
BUDGET IMPACTS:
Receiving this grant would greatly increase the MCSO Marine Unit's ability to provide
appropriate equipment on Puget Sound for maritime operations at a fraction of the
cost to boating operational funds.
There is a 25% matching revenue requirement for this grant. Approximately $95,500
would be used from the Boating Fund Reserve to invest in this long-term asset. None
of the expenses would come from Current Expense as the Boating Fund reserve
balance and anticipated revenue are sufficient to cover the match for the new boat,
ongoing program costs, and contingency funds in case of serious repairs to existing
assets.
ATTACH M E NT(S):
None
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MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Kelly Bergh for Frank Pinter Action Agenda _X_
Public Hearing
Other
DEPARTMENT: Support Services EXT: 644
DATE: 4/13/2021 Agenda Item #
Commissioner staff to complete)
BRIEFING DATE: 4/5/2021
BRIEFING PRESENTED BY: Frank Pinter
[ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency
Item:
Approval to set a public hearing on Tuesday, May 25, 2021 at 9:15 a.m. to
inform citizens of the availability of funds and eligible uses of the state Community
Development Block Grant (CDBG) and receive comments on proposed activities
specifically funding the Community Action Council of Lewis, Mason &Thurston
Counties (CAC), as well as receive comments on the 2020 program.
Background:
Mason County coordinates with the CAC on an annual basis to apply for, receive,
and provide services through a PS-CDBG administered by the Washington State
Department of Commerce (DOC).
In 2020, as with subsequent years, the $102,225 of funding was used to provide
service referrals for a minimum of 7,700 individuals in Mason and Lewis counties of
which a minimum of 3,672 must meet HUD's 51% income qualification and provide
direct services and referrals for a minimum of 500 child victims. This year's allotment
is $100,080 of which $3,500 will be used to off-set a portion of our administration
costs.
As a part of the PS-CDBG application process applicants are required to solicit
public input on the proposed activities and services to be provided as well as receive
comments on current programming. This citizen input is to be solicited at a published
Public Hearing.
Recommended Action:
Approval to set a public hearing on Tuesday, May 25, 2021 at 9:15 a.m. to
inform citizens of the availability of funds and eligible uses of the state Community
Development Block Grant (CDBG) and receive comments on proposed activities
specifically funding the Community Action Council of Lewis, Mason &Thurston
Counties, as well as receive comments on the current 2020 program.
Attachment(s):
Eligible CDBG Public Service Activities
2021 Proposed CDBG Public Service Grant Amounts
CDBG Fact Sheet
Public Hearing Notice
J:I Grants I CDBG Public Service Grant12021-2022l Application I A-genda Item Summar�-
2021Action.doc
2021 CDBG PUBLIC SERVICES GRANT AMOUNTS - proposed
COUNTY GRANT GRANT TOTAL
SUBRECIPIENT—SERVICE PROVIDER (including county
CONTRACT# COMMUNITY ACTION PROGRAM SERVICE AREA
administration)
Asotin
Asotin 10-001 Community Action Partnership Asotin $38,900
Benton
Benton10-002 Benton Franklin Community Action Connections Benton, Franklin $66,330
Chelan
Chelan10-003 Chelan-Douglas Community Action Council Chelan, Douglas $61,580
Cowlitz
Cowlit 10-004 Lower Columbia Community Action Council Cowlitz, Wahkiakum $67,360
Grant
Opportunities Industrialization Center Adams, Grant $126,580
21-62210-005
Grays Harbor
Grays arbor Coastal Community Action Program Grays Harbor, Pacific $105,420
0-006
Jefferson
2 f ferso0-007 Olympic Community Action Programs Clallam, Jefferson $109,240
Kittitas
21 titan -008 HopeSource Kittitas $85,070
Klickitat Washington Gorge Action Programs Klickitat, Skamania $72,110
21-62210-009
Mason
Mason 10-010 CAC of Lewis, Mason and Thurston Counties Lewis, Mason $100,080
Okanogan
Okano 10-011 Okanogan County Community Action Council Okanogan $84,140
Skagit Community Action of Skagit County Skagit $61,870
21-62210-012
Stevens Ferry, Lincoln, Pend
21-62210-013 Rural Resources Community Action Oreille, Stevens $88,600
Walla Walla Columbia, Garfield, $44,650
Blue Mountain Action Council
21-62210-014 Walla Walla
Whatcom Island, San Juan,
21-62210-015 Opportunity Council Whatcom $129,400
Whitman
Whitm 10-016 Community Action Center Whitman $102,210
Yakima
Yakim 10-017 Northwest Community Action Center Yakima $156,460
TOTAL $1,500,000
i _e ��.Jill/�'"•' � �� '''' -
Y . . Washington State
.., Department of
�i►V Commerce
ON
RURAL COMMUNITY GRANTS FOR ACTIVITIES THAT BENEFIT LOW-AND MODERATE-INCOME PERSONS
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
General Purpose Grants $12,000,000 Agency contact
For planning or construction of public infrastructure, community Jon Galow
facilities, affordable housing, and economic development projects. SECTION MANAGER
Competitive. Maximum grant up to $900,000 based on project type.
Application materials available in March and due in June. Local Government Division
ion.galow(@commerce.wa.gov
Housing Enhancement Grants $200,000 Phone: 509.847.5021
For off-site infrastructure or the community facility component of a www.commerce.wa.gov/CDBG
state Housing Trust Fund project. Competitive. Maximum grant is
$200,000, with potential additional hardship funding. Initial CDBG ELIGIBLE APPLICANTS:
application forms are submitted with a HTF Stage 2 application. Washington
with less than ••• in
Public Services Grants $1 ,500,000 population • • not participating
entitlementin a CDBG
For 17 counties and community action agencies to fund new or •-
expanded services for lower income persons. Allocated by a county consortium; and counties
with less than 200,000 in
formula based on population and poverty. Application materials population. complete list is on
available in February and due in April. Commerce's CDBG webpage.
Other • non-profit
National Objectives • • Indian •- - •
eligible to apply directly
Funded by the US Department of Housing & Urban Development, CDBG funding, . be .
CDBG activities must meet one of these national objectives: partner in projects and
subre . -
• Principally benefits low-and moderate-income (LMI) persons. eligible county.
• Aids in the prevention or elimination of slums or blight.
• Addresses imminent threat to public health or safety
COMMUNITY DEVELOPMENT
Funding is contingent on HUD approval of the state CDBG Action Plan. BLOCK GRANT
February 2021
•" = ,� . . Washington State
Department of
Commerce
a '
AYUNDANDO LAS COMUNIDADES RURALES CON PROYEC IOS QUE BENEFICIAN PERSONAS DE INGRESO BAJO
Becas Consolidadas para el Desarrollo Communitario
BECAS DE PROPOSITO GENERAL INFORMACION DE CONTACTO
Para planeamiento o construccion de infraestructura publica,
Galow
facilidades comunitarias, viviendas economicas o proyectos de Jon desarrollo economico. Competitivo. El maximo de becas Ilega hasta DIRECCTORTOR
DE PROGRAMA
$900,000 basado en el tipo de proyecto. Las solicitudes estan Division del Gobierno Local
disponibles en Marzo y son recibidos en Junio. $12,000,000 4on.galow@commerce.wa.gov
Telefono: 509.847.5021
BECAS DE MEJORAMIENTO DE VIVIENDAS
Para infraestructura externa o el componente del proyecto de facilidad www.commerce.wa.gov/CDBG
comunitaria del fondo de vivienda del estado. Las solicitudes son
aceptadas mientras hayan fondos disponibles. Competitivo. El maximo DIRECTIVAS DE ELEGIBILIDAD:
de becas es generalmente de $200,000. El material de solicitud esta • solicitantes . .gibles •
aceptado con una solicited de del HTF Etapa 2. $200,000 ciudades/pueblos del Estado de
Washington .-
BECAS DE SERVICIO PUBLICO menos •- 0 ��0 -
Para proveer fondos a agencias de condados y accion comunitaria que _ el derecho
al
expandan sus servicios y ofrezcan servicios nuevos a personas de
bajos recursos. La solicitud esta disponible en Febrero para ser l•C . _ _nos •_
200,000
recibidos en Abril. $1,500,000 habitantes. Las .• •
enlistados en la pigina de la web
HUD OBJETIVOS NACIONALES . la CD13G.
-
Los proyectos del CDBG deben cumplir con los tres Objetivos
Nacionales del HUD:
• Debe beneficiar personas de ingreso bajo o moderado
• Ayuda a la prevencion o eliminacion de la contaminacion COMMUNITY DEVELOPMENT
Trata las amenazas inminentes a la salud del publico BLOCK GRANT(CDBG)
Febrero 2021
NOTICE OF PUBLIC HEARING
PUBLIC SERVICE-COMMUNITY DEVELOPMENT BLOCK GRANT
NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold a public
hearing in the Commission Chambers at Mason County Building I, located at 411 N. 5th Street,
Shelton, Washington, on Tuesday, May 25, 2021 at 9:15 AM.
The purpose of the public hearing is to review community development and housing needs,
inform citizens of the availability of funds and eligible uses of the state Community Development
Block Grant (CDBG), and receive comments on proposed activities, particularly from lower
income persons residing in the Mason and Lewis County areas.
$100,080 is proposed to be available annually to the County and the Community Action Council
of Lewis, Mason and Thurston Counties to fund public services that principally benefit low- to
moderate-income persons.
An overview of the proposed public services will be available for review at the Mason County
Commissioners' Office located at 411 N. 5th Street, Shelton, Washington from
April 14, 2021 through May 24, 2021 and on Mason County's website —www.co.mason.wa.us.
Comments may also be submitted in writing to the Mason County Commissioners, 411 N. 5th
Street, Shelton, WA 98584. Comments will be accepted until May 24, 2021.
Comments on Mason County's and Community Action Council of Lewis, Mason and Thurston
Counties program's past performance and use of 2020 CDBG Public Services Grant will also be
received.
Pursuant to Proclamation by the Governor 20-28.15, 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 https://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 msmithCaD-co.mason.wa.us or mail to the
Commissioners Office, 411 N 5th St, Shelton, WA 98584; or call (360) 427-9670 ext 589.
If special accommodations are needed, please contact the Commissioners' office, Shelton (360)
427-9670, Belfair (360) 275-4467, or Elma (360) 482-5269, ext 419.
Dated this day of 12021.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
McKenzie Smith,Clerk of the Board
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Diane Zoren Action Agenda x
Public Hearing
Other
DEPARTMENT: Support Services EXT: 747
DATE: April 13, 2021 Agenda Item #
Commissioner staff to complete)
BRIEFING DATE: March 22, 29 and April S. 2021
BRIEFING PRESENTED BY: Support Services
[ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency
ITEM: Approval of the resolution adopting the Mason County Commission
Correspondence Policy for inclusion in the Mason County Code.
Background: This policy establishes guidelines and procedures for correspondence
addressed to the Mason County Commissioners.
Budget Impacts: None
RECOMMENDED ACTION: Approval of the resolution adopting the Mason County
Commission Correspondence Policy for inclusion in the Mason County Code.
Attachment(s): Resolution and Policy
RESOLUTION NO.
A RESOLUTION ADOPTING A MASON COUNTY COMMISSION CORESPONDENCE POLICY FOR
INCLUSION IN THE MASON COUNTY CODE
WHEREAS, the Board of Mason County Commissioners wish to establish guidelines and
procedures for correspondence addressed to the Mason County Commissioners; and
WHEREAS, the Policy was reviewed in briefing and is now ready for adoption;
NOW, THEREFORE BE IT RESOLVED, the Board of Mason County Commissioners hereby adopts
the Mason County Commission Correspondence Policy (Attachment A) and requests it be added
to the Mason County Code.
DATED this 13th day of April, 2021.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
ATTEST:
Randy Neatherlin, Chair
McKenzie Smith, Clerk of the Board
APPROVED AS TO FORM: Sharon Trask, Commissioner
Tim Whitehead, Chief DPA Kevin Shutty, Commissioner
J:\RESOLUTIONS&ORDINANCES\RESOLUTIONS-ORDINANCES Word Fi les\202 1\Com mission Correspondence
Policy.docx
Attachment A
Mason County Commission Correspondence Policy
Purpose:
To establish guidelines and procedures for correspondence addressed to the Mason County
Commissioners.
2) Scope:
Applies to Mason County Commissioners.
J Definitions:
Correspondence includes any written letter, note or e-mail, including all attachments, addressed
to one or more County Commissioner,that is related to county business. The correspondence
may be delivered by any means including but not limited to USPS, e-mail,facsimile transmission,
or hand delivered.
4) Policy:
4.1 Support Services staff are authorized to open and examine all correspondence received in
the Mason County Commissioners' Office. All correspondence received by staff will be
shared with the entire Commission and appropriate county staff, according to content of the
correspondence. Distribution will be notated on the correspondence.
4.2 Correspondence e-mailed directly to a Commissioner may be shared at the request of the
correspondent or Commissioner.
4.3 Correspondence relating to County business will be acknowledged in a Commission meeting
and logged into the record in summary form indicating the nature of the correspondence
and the name of the sender.
4.4 Correspondence will not be read aloud in its entirety at a Commission meeting unless
submitted as public comment or public testimony and the sender requests it be read in its
entirety.
4.5 During a Commission meeting, pictures, maps, etc.that relate to County business may be
held up to the camera for public viewing by either the presenter or a Commissioner. Every
effort should be made to submit documents by the Wednesday deadline to be included in
the meeting packet. A written copy shall be submitted to the Clerk of the Board for archive
purposes.
4.6 Anonymous correspondence will not be acknowledged in a Commission meeting.
4.7 All correspondence relating to County business is considered a public record and shall be
retained according to the Secretary of State Archives Retention Schedule.
5� Procedures:
5.1 Correspondence will be opened, date stamped, and logged into the record of a Commission
meeting or the internal correspondence log. If correspondence is addressed to an individual
Commissioner and identified as personal or confidential, it shall be distributed to the
Commissioner unopened. If the correspondence is found to not be personal or confidential
and it relates to County business, the Commissioner shall transmit the individual
correspondence to Support Services staff to be logged and retained.
J:\DLZ\Briefing Items\2021\Diane's Items\Mason County Commission Correspondence Policy adopt April
14.docx
4/5/2021 Page 1 of 2
Attachment A
5.2 Correspondence that is not related to the conduct of county business (i.e. various
notifications from outside agencies) or that is cc'd to the Commissioners is logged into an
internal correspondence log and a copy is provided to all Commissioners. This
correspondence is not typically acknowledged at a Commission meeting.
5.3 Inter-departmental correspondence is logged into an internal correspondence log and a
copy is provided to all Commissioners. This correspondence is not typically acknowledged at
a Commission meeting.
5.4 Response to correspondence is optional and at the discretion of the Commission. A
Commissioner may opt to respond personally to the correspondent and should be careful to
respond in a way that does not state or imply they speak for the County or the Commission
as a legislative body.
5.5 Any action taken by the Commission shall be taken in a Commission meeting.
5.6 In order for correspondence to be acknowledged in a Commission meeting,whether
summary form or in its entirety, it needs to be received by County staff in a timely matter.
The typical deadline for the summary correspondence log is the Wednesday prior to the
Commission meeting. Written public comment or testimony may be submitted to the Clerk
of the Board by close of business the Monday prior to the Commission meeting. In real time
public hearings, written testimony may be submitted during the hearing to the Clerk of the
Board. Copies will be provided, via e-mail, to the entire Commission.
J:\DLZ\Briefing Items\2021\Diane's Items\Mason County Commission Correspondence Policy adopt April
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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—Community Health EXT: 260
DATE: 4/13/21 Agenda Item #
Commissioner staff to complete)
BRIEFING DATE: 4/5/21
BRIEFING PRESENTED BY: Todd Parker
[ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency
ITEM: Consolidated Homeless Grant: Housing and Essential Needs Program
Background:
Community Action Council (CAC) is the subgrantee for the Housing and Essential Needs
(HEN) program. The HEN budget is underspent, and the Department of Commerce
requested agencies to de-obligate funds if they would not be used and send them to
other counties who cannot meet the current need. Equally as important, Commerce
wants to make sure we don't have to return any of these state general fund dollars
indicating the need for HEN eligible clients is met.
As of March 3, the budget balance was $694,004.17 and with approximately 69%
remaining available through June 30, 2021.
CAC developed a spending plan and de-obligated $50,000. The attached amendments
are for this de-obligation.
Budget Impacts:
No impact to general fund.
RECOMMENDED ACTION:
Approval of Amendment B, grant number 20-46108-20, with the Department of
Commerce and Amendment 3 with Community Action Council, contract number
CAC:2019-2021.1
Attachment(s):
Two contract amendments
Contract Between
Mason County Community Services Department of Public Health and
Community Action Council Professional Services Contract number CAC:2019-2021.1
Amendment# 3
The purpose of this amendment is to de-obligate HEN funds.
IT IS MUTUALLY AGREED THEREFORE: That the Original Contract is hereby amended as follows:
1. SCOPE OF SERVICE:
Spending Plan: Community Action Council agrees to:
• Onboard and place all eligible homeless and housed HEN eligible clients.
• Enhance landlord outreach to find housing that is available, habitable, and within FMR
limits.
• Increase rents being paid to clients each month.
2. HEN BUDGET:
• $50,000 is de-obligated from the Operations budget category.
• NEW SFY 2021 Award: $919,349
ALL OTHER TERMS AND CONDITIONS of the original Contract and any subsequent amendments
hereto remain in full force and effect.
IN WITNESS WHEREOF, the undersigned has affixed his/her signature in execution thereof on the _-
day of , 2021.
Community A tion Counci MASON COUNTY COMMISSIONERS
Signal re Randy Neatherlin, Chair Date
Mason County Board of Commissioners
Title Date
1
Amendment
Grant Number:2046108-20
Amendment:B
Washington State Department of Commerce
Community Services and Housing Division
Housing Assistance Unit
Consolidated Homeless Grant(CHG)
1.Grantee 2.Grantee Doing Business As(optional)
Mason County Health Services N/A
415N6THST
SHELTON WA 98584
3. Grantee Representative 4.COMMERCE Representative
Casey Bingham Kathryn Dodge 1011 Plum Street SE
Fiscal Manager Grant Manager Olympia,Washington,98504-
360-427-9670 ext 562 (360)725-5072 2525
caseyb@co.mason.wa.us kathryn.dodge@commerce.wa.gov
5.Original Grant Amount 6.Amendment Amount 7.New Grant Amount
(and any previous amendments)
$2,146,997.00 -$50,000.00 $2,096,997.00
8.Amendment Funding Source 9.Amendment Start Date 10.Amendment End Date
Federal: State:X Other: N/A: July 1,2020 June 30,2021
11.Federal Funds(as applicable): Federal Agency: CFDA Number:
N/A N/A N/A
12.Amendment Purpose:
De-obligate HEN funds.No additional funding.
COMMERCE,defined as the Department of Commerce,and the Grantee,as defined above,acknowledge and accept the terms of
this Grant As Amended and attachments and have executed this Grant Amendment on the date below to start as of the date and year
referenced above. The rights and obligations of both parties to this Grant As Amended are governed by this Grant Amendment and
the following other documents incorporated by reference: 2019-2021 Homeless Housing Funding Application,CHG Guidelines(as
they may be revised from time to time),and Grant Terms and Conditions including Attachment"A"-Scope of Work,Attachment
"B"—Budget.A copy of this Grant Amendment shall be attached to and made a part of the original Grant between COMMERCE
and the Grantee. Any reference in the original Grant to the"Grant"shall mean the"Grant As Amended".
FOR GRANTEE FOR COMMERCE
Signature Diane Klontz,Assistant Director
Community Services and Housing Division
Print Name,Title Date
APPROVED AS TO FORM ONLY
Date
Sandra Adix
Assistant Attorney General
3/20/2014
Date
Department of Commerce
Amendment
This Grant is amended as follows:
Attachment B
Budget
Budget Categories Current Grant Amendment B New Total
Amount
(and any previous
amendments
CHG Standard
Admin $67,230 $0 $67,230
Rent/Fac Support Lease $110,790 $0 $110,790
Other Rent/Fac Support Lease and $102,624 $0 $102,624
Housing Costs
Operations $100,422 $0 $100,422
PSH CHF
PSH CHF Rent/Fac Support Lease $50,562 $0 $50,562
PSH CHF Operations $16,572 $0 $16,572
HEN SFY 2020 (July 2019-June 2020
HEN Admin 2020 $48,900 $0 $48,900
HEN Rent/Fac Support and Housing $468,192.66 $0 $468,192.66
Costs 2020
HEN Operations 2020 $182,668.34 $0 $182,668.34
HEN SFY 2021 (July 2020-June 2021
HEN Admin 2021 $59,375 $0 $59,375
HEN Rent/Fac Support and Housing $675,789 $0 $675,789
Costs 2021
HEN Operations 2021 $263,872 -$50,000 $213,872
Total
Total $2,146,997 -$50,000 177j2-096,997
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Alex Paysse, EH Manager Action Agenda x
Public Hearing
Other
DEPARTMENT: Community Services EXT: 279
DATE: April 13th, 2021 Agenda Item #
Commissioner staff to complete)
BRIEFING DATE: April Sth, 2021
BRIEFING PRESENTED BY: Alex Paysse
[ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency
ITEM:
Set Public Hearing date for Water Quality code/ program updates
Background:
Set public hearing on Tuesday, May 11, 2021 at 9:15 A.M. to consider
approval of an ordinance combining existing shellfish protection districts into a single
district model and establish a reliable funding mechanism. Ordinance includes
revisions to Mason County Code Titles 3 and 6, adding chapter 6.88 and revising
chapter 3.172
Budget Impacts:
Hearing date only
RECOMMENDED ACTION:
Approval to set Hearing Date, May 11th, 2021
Attachment(s):
Notice of Hearing
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold a
public hearing in Mason County Building I, Commission Chambers, 411 North Fifth Street,
Shelton, WA 98584 on May lath, 2021 at 9:15 A.M.
SAID HEARING will be to take public comment on the combination of existing shellfish
protection districts into a single district model and establish a reliable funding mechanism.
Ordinance includes revisions to Mason County Code Titles 3 and 6, adding chapter 6.88 and
revising chapter 3.172
Pursuant to Proclamation by the Governor 20-28.15, 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
https://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
msmith@co.mason.wa.us or mail to the Commissioners' Office, 411 N 5th St, Shelton, WA
98584; or call (360) 427-9670 ext. 230.
If special accommodations are needed, please contact the Commissioners' office, Shelton
(360) 427-9670, Belfair (360) 275-4467, or Elma (360) 482-5269, ext. 419.
DATED this 13 day of April, 2021.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
McKenzie Smith, Clerk of the Board
Bill: Mason County Community Services
415 N. 611 Street, Shelton WA 98584
Cc: Commissioners
Shelton Journal: Publ. 2t: 4/29 & 5/6
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Diane Zoren Action Agenda x
Public Hearing
Other
DEPARTMENT: Support Services EXT: 747
DATE: April 13, 2021 Agenda Item #
Commissioner staff to complete)
BRIEFING DATE: March 29, 2021
BRIEFING PRESENTED BY: Support Services
[ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency
ITEM: Approval to designate the Mason County Economic Development Council as
Mason County's Associate Development Organization (ADO) for the 2021-2023
Biennium.
Background: The broad role of an ADO is that of advocacy and leadership, serving
as the point of contact for local economic activities, recruiting/hosting new businesses,
and coordinating business retention and expansion efforts within its service area. The
ADO serves as the principal contact for Commerce regarding economic activity in their
area. ADOs help Commerce gather data about community profiles, industrial sites,
plans for business development and retention, reports on business activities, and
proposals for other economic activities in their service areas.
The Mason County Economic Development Council has served as Mason County's ADO
for several years.
Budget Impacts: Any required match is paid from .09 Rural Sale Tax
RECOMMENDED ACTION: Approval to designate the Mason County Economic
Development Council as Mason County's Associate Development Organization (ADO)
for the 2021-2023 Biennium
Attachment(s): ADO paperwork
�a6 STATq
0 4.
t — S
J' f1
Y
3y1 e89
STATE OF WASHINGTON
DEPARTMENT OF COMMERCE
1011 Plum Street SE •PO Box 42525.Olympia,Washington 98504-2525•360-725-4000
www.commerce.wa.gov
March 11, 2021
The Honorable Randy Neatherlin, Chair
Mason County Board of Commissioners
411 North 5th Street
Shelton, WA 98584
Dear Commissioner Neatherlin:
Every two years, the Department of Commerce begins the process of contracting with Associate
Development Organizations (ADOs) by sending a letter to the Board of County Commissioners
or County Executive in each county requesting designation of an ADO.
Commerce is directed by RCW 43.330.080 to contract with county-designated ADOs to
increase the support for and coordination of community and economic development services in
communities or regional areas.
As part of the contracting process, please complete the enclosed ADO Certification/Designation
Form for the 2021-2023 Biennium, returning to Commerce by April 15, 2021. Your county can
choose to re-designate the current ADO or make a new designation. Please see the enclosed
Eligibility and Designation Guidelines.
Thank you for your consideration in helping to move the contracting process forward in a quick
manner. I look forward to working with our ADO partners during the next biennium.
Sincerely,
Chris Green '
Assistant Director
Enclosures
cc w/enclosures: Economic Development Council of Mason County
Washington State
��►� Commerce
Associate Development Organization Certification/Designation Form
(For use by County officials)
affirms/designates the
(Name of County) (Name of ADO)
as the Associate Development Organization to coordinate economic development services for
the county under contract with the Washington State Department of Commerce. Consistent
with statutory requirements:
1. The prospective ADO is a non-profit organization.
OR
A public entity that has formed an authority or committee with full
operating authority to carry out the duties of the ADO. It is important to
recognize that this group would have its own authority and budget, not just
the power to recommend actions/plans/expenses.
2. Economic development is the primary mission of the prospective ADO,
and not just a secondary activity. This can be demonstrated with a written
mission statement in a brochure, web-page, newsletter, etc. It may also be
documented in the organization's by-laws.
3. For economic interests in the county, this organization serves as a
networking tool and resource hub for business retention, expansion, and
relocation in Washington.
4. This organization has/will have the capacity during the period under
contract with Commerce to carryout work activities as detailed in RCW
43.330.080
This designation is effective on the date signed below, and shall remain in effect for the 2021-
2023 biennium (07/01/2021-06/30/2023). Please provide documentation of the County
executive or governing body's action designating the above-identified organization as
the ADO.
Signature Print Name
Title Date
PLEASE SUBMIT THIS FORM AND DOCUMENTATION TO:
Diana Divens, ADO Contracts Coordinator at: ® diana.divens(a-commerce.wa.gov
Office of Economic Development and Competitiveness
Washington State Department of Commerce
Post Office Box 42525
Olympia, WA 98504-2525
360-725-4187
Revised (02/22/21)
f
Washington State
Department of
�► Connnerce
Associate Development Organizations
Eligibility & Designation
Guidelines
March 2021
1
Overview
Washington's Department of Commerce (Commerce) maintains a contracted partnership with 35 Associate
Development Organizations (ADOs), serving 39 counties, through both technical assistance and funding for
local economic development activities. Each county in the state has designated an organization as their ADO
to partner with Commerce and serve as the lead on local economic development activities in their county.
This guide is provided to assist county leaders in the process of designating the most effective organization to
serve as the ADO for their county. The criteria that Commerce uses to approve and negotiate a contract with a
county-designated ADO is also covered.
The origins of ADOs date back to Governor Booth Gardner's Team Washington strategy that was initiated in
1985 to develop public-private, and state-local partnerships across the state. At first the Local Economic
Development Assistance Program (LEDA) provided administrative grants to 33 ADOs that served the state's
39 counties. ADOs were to become the principal contact for the department and all county economic
development elements (chambers, towns, ports, businesses, etc.) would coordinate their efforts through their
local ADO.
Expectations of ADOs
The broad role of an Associate Development Organization is that of advocacy and leadership, serving as the
point of contact for local economic activities, recruiting/hosting new businesses, and coordinating business
retention and expansion efforts within its service area. The ADO serves as the principal contact for Commerce
regarding economic activity in their area. ADOs help Commerce gather data about community profiles,
industrial sites, plans for business development and retention, reports on business activities, and proposals for
other economic activities in their service areas.
ADOs are described in more detail in RCW 43.330.080, and a copy of that code is provided in the reference
section of this guide.
Specific expectations of the ADO, as assessed by Commerce for contracting purposes include:
1) Partner with Commerce: The designated ADO organizations shall partner with Commerce as the lead
local economic development organization in their service area to deliver economic development
services at the local level. Through a contracted partnership, Commerce determines the scope of
services delivered under the ADO grant/contract in collaboration with the ADO. The ADO works closely
with Commerce to develop and carry out strategies and show potential for long-term sustainable
growth.
2) Contracting Organizations (ADOs) in each Community or Regional Area Must Be "broadly
representative of community and economic interests... capable of identifying key problems... and
mobilizing broad support for recommended initiatives."
The code lists key players as:
• local governments
• chambers of commerce
• workforce development councils
• port districts
• labor groups
• institutions of higher education
• community action programs
• other appropriate private, public, or nonprofit community and economic development groups.
2
f
3) Best Practice Sharing: ADOs must meet and share best practices with other ADOs at least two times a
year.
4) Resources and Services Provided to Local Businesses: ADOs shall provide direct assistance,
including business planning, to companies throughout the county who need support to stay in business,
expand, or relocate to Washington from out of state or other countries. Assistance must comply with
business recruitment and retention protocols established in RCW 43.330.062.
5) Regional Planning: Support for regional economic research and regional planning efforts to implement
target industry sector strategies and other economic development strategies including cluster-based
strategies.
6) Reports to Commerce: ADOs report quarterly on activity outcomes; i.e., Business Retention and
Expansion assistance; Business Recruitment, Entrepreneurial Business Start-ups, etc. They also
provide information on how they coordinate and collaborate with other organizations and jurisdictions in
their counties, as well as other significant accomplishments. Timelines for reporting are in each
grant/contract.
7) Formal designation by County: The County's Board of Commissioners must formally designate an
organization to serve as its ADO, providing Commerce with a signed statement of designation along
with a certification of eligibility.
3
References
RCW 43.330.080
Coordination of community and economic development services — Contracts with county-
designated associate development organizations — Scope of services — Business services
training.
(1)(a) The department must contract with county-designated associate development organizations to increase
the support for and coordination of community and economic development services in communities or regional
areas. The contracting organizations in each community or regional area must:
(i) Be broadly representative of community and economic interests;
(ii) Be capable of identifying key economic and community development problems, developing appropriate
solutions, and mobilizing broad support for recommended initiatives;
(iii) Work closely with the department to carry out state-identified economic development priorities;
(iv) Work with and include local governments, local chambers of commerce, workforce development
councils, port districts, labor groups, institutions of higher education, community action programs, and other
appropriate private, public, or nonprofit community and economic development groups; and
(v) Meet and share best practices with other associate development organizations at least two times each
year.
(b) The scope of services delivered under the contracts required in (a) of this subsection must include two
broad areas of work:
(i) Direct assistance, including business planning, to companies throughout the county who need support to
stay in business, expand, or relocate to Washington from out of state or other countries. Assistance must
comply with business recruitment and retention protocols established in RCW 43.330.062, and includes:
(A) Working with the appropriate partners throughout the county including, but not limited to, local
governments, workforce development councils, port districts, community and technical colleges and higher
education institutions, export assistance providers, impact Washington, the Washington state quality award
council, small business assistance programs, innovation partnership zones, and other federal, state, and local
programs to facilitate the alignment of planning efforts and the seamless delivery of business support services
within the entire county;
(B) Providing information on state and local permitting processes, tax issues, export assistance, and other
essential information for operating, expanding, or locating a business in Washington;
(C) Marketing Washington and local areas as excellent locations to expand or relocate a business and
positioning Washington as a globally competitive place to grow business, which may include developing and
executing regional plans to attract companies from out of state;
(D) Working with businesses on site location and selection assistance;
(E) Providing business retention and expansion services throughout the county. Such services must
include, but are not limited to, business outreach and monitoring efforts to identify and address challenges and
opportunities faced by businesses, assistance to trade impacted businesses in applying for grants from the
4
c
federal trade adjustment assistance for firms program, and the provision of information to businesses on:
(1) Resources available for microenterprise development;
(II) Resources available on the revitalization of commercial districts; and
(III) The opportunity to maintain jobs through shared work programs authorized under chapter 50.60 RCW;
(F) Participating in economic development system-wide discussions regarding gaps in business start-up
assistance in Washington;
(G) Providing or facilitating the provision of export assistance through workshops or one-on-one assistance;
and
(H) Using a web-based information system to track data on business recruitment, retention, expansion, and
trade; and
(ii) Support for regional economic research and regional planning efforts to implement target industry sector
strategies and other economic development strategies, including cluster-based strategies. Research and
planning efforts should support increased living standards and increased foreign direct investment, and be
aligned with the statewide economic development strategy. Regional associate development organizations
retain their independence to address local concerns and goals. Activities include:
(A) Participating in regional planning efforts with workforce development councils involving coordinated
strategies around workforce development and economic development policies and programs. Coordinated
planning efforts must include, but not be limited to, assistance to industry clusters in the region;
(B) Participating with the state board for community and technical colleges as created in RCW 28B.50.050,
and any community and technical colleges in the coordination of the job skills training program and the
customized training program within its region;
(C) Collecting and reporting data as specified by the contract with the department for statewide systemic
analysis. In cooperation with other local, regional, and state planning efforts, contracting organizations may
provide insight into the needs of target industry clusters, business expansion plans, early detection of potential
relocations or layoffs, training needs, and other appropriate economic information;
(D) In conjunction with other governmental jurisdictions and institutions, participating in the development of
a countywide economic development plan.
(2) The department must provide business services training to the contracting organizations, including but
not limited to:
(a) Training in the fundamentals of export assistance and the services available from private and public
export assistance providers in the state; and
(b) Training in the provision of business retention and expansion services as required by subsection
(1)(b)(i)(E) of this section.
[2014c112§111;2012c195§1;2011c286§2;2009c151 §10;2007c249§2;1997c60§1;1993c280§11.1
5
Notes:
Findings -- Intent -- 2007 c 249: "The legislature finds that economic development success requires
coordinated state and local efforts. The legislature further finds that economic development happens at the
local level. County-designated associate development organizations serve as a networking tool and resource
hub for business retention, expansion, and relocation in Washington. Economic development success requires
an adequately funded and coordinated state effort and an adequately funded and coordinated local effort. The
legislature intends to bolster the partnership between state and local economic development efforts, provide
increased funding for local economic development services, and increase local economic development service
effectiveness, efficiency, and outcomes." [2007 c 249 § 1.]
RCW 43.330.082
Contracting associate development organizations — Performance measures and summary of
best practices — Remediation plans — Report
1)(a) Contracting associate development organizations must provide the department with measures of their
performance and a summary of best practices shared and implemented by the contracting organizations.
Annual reports must include the following information to show the contracting organization's impact on
employment and overall changes in employment: Current employment and economic information for the
community or regional area produced by the employment security department; the net change from the
previous year's employment and economic information using data produced by the employment security
department; other relevant information on the community or regional area; the amount of funds received by the
contracting organization through its contract with the department; the amount of funds received by the
contracting organization through all sources; and the contracting organization's impact on employment through
all funding sources. Annual reports may include the impact of the contracting organization on wages, exports,
tax revenue, small business creation, foreign direct investment, business relocations, expansions,
terminations, and capital investment. Data must be input into a common web-based business information
system managed by the department. Specific measures, data standards, and data definitions must be
developed in the contracting process between the department and the contracting organization every two
years. Except as provided in (b) of this subsection, performance measures should be consistent across regions
to allow for statewide evaluation.
(b) In addition to the measures required in (a) of this subsection, contracting associate development
organizations in counties with a population greater than one million five hundred thousand persons must
include the following measures in reports to the department:
(i) The number of small businesses that received retention and expansion services, and the outcome of
those services;
(ii) The number of businesses located outside of the boundaries of the largest city within the contracting
associate development organization's region that received recruitment, retention, and expansion services, and
the outcome of those services.
(2)(a) The department and contracting associate development organizations must agree upon specific
target levels for the performance measures in subsection (1) of this section. Comparison of agreed thresholds
and actual performance must occur annually.
(b) Contracting organizations that fail to achieve the agreed performance targets in more than one-half of
the agreed measures must develop remediation plans to address performance gaps. The remediation plans
6
must include revised performance thresholds specifically chosen to provide evidence of progress in making the
identified service changes.
(c) Contracts and state funding must be terminated for one year for organizations that fail to achieve the
agreed upon progress toward improved performance defined under (b) of this subsection. During the year in
which termination for nonperformance is in effect, organizations must review alternative delivery strategies to
include reorganization of the contracting organization, merging of previous efforts with existing regional
partners, and other specific steps toward improved performance. At the end of the period of termination, the
department may contract with the associate development organization or its successor as it deems
appropriate.
(3) The department must submit a final report to the legislature by December 31 st of each even-numbered
year on the performance results of the contracts with associate development organizations.
[2014 c 112§112;2012 c 195§2;2011 c 286§3;2009 c 518§15;2007 c 249§3.1
Notes:
Findings -- Intent -- 2007 c 249: See note following RCW 43.330.080.
Revised (02/22/2021)
7
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Judge Cobb / Renee Cullop Action Agenda x
Public Hearing
Other
DEPARTMENT: Therapeutic Courts EXT:
DATE: 4/13/2021 Agenda Item #
Commissioner staff to complete)
BRIEFING DATE: 4/5/2021
BRIEFING PRESENTED BY: Judge Cobb / Renee Cullop
[ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency
ITEM: Subaward Agreement - GRT21689 between Washington State Administration
Office of the Courts and Mason County Superior Court
Background: Mason County Family Recovery Court was granted a Subaward
grant from the Washington State Administration Office of the Courts over a
3 year period. Grant will increase services to our Family Recovery Court
with funding for additional staff hours. This staff will also work with the
Office of the Courts to develop materials and training to facilitate
replication of the Mason County FRC Model in other rural courts.
Budget Impacts: Will increase Mason County FRC Budget $243,084 over a 3 year
period 2021-2023.
RECOMMENDED ACTION: Requesting to have Subaward Agreement-
GRT21689 approved and signature supplied by a Mason County
Commissioner.
Attachment(s): Subaward Agreement - GRT21689
SUBAWARD AGREEMENT - GRT21689
BETWEEN
WASHINGTON STATE ADMINISTRATIVE OFFICE OF THE COURTS
AND
MASON COUNTY SUPERIOR COURT
THIS SUBAWARD AGREEMENT (Agreement) is made by and between, Washington
State Administrative Office of the Courts (AOC) and Mason County Superior
Court, (Subawardee), (collectively as the Parties and individually each as a Party).
The Parties hereby enter into this Agreement whereby Subawardee will perform certain
services for, and provide product deliveries to, AOC as specified herein, in support of
the Office of Justice Programs, Department of Justice Cooperative Agreement -
Award Number: 2020-AR-BX-K001, Statewide Support for Effective Family Treatment
Courts and Services, dated October 1 , 2020, CFDA Number 16.383 (attached and
incorporated herein as Attachment A) The Subawardee is subject to the terms and
conditions specified in Attachment A and agrees to the following terms and conditions.
1. SCOPE OF WORK
Pursuant to the terms and conditions of this Agreement, Subawardee agrees to
provide all necessary facilities, personnel, equipment and materials to accomplish
this Statement of Work (SOW).
As part of this contract, Subawardee will:
a. Hire a second case manager position for the term of the contract;
b. Work closely with the AOC court research associate to collect data and
evaluate the effectiveness of the Mason County model;
c. Collaborate with the AOC training court analyst to develop materials and
trainings to facilitate replication of the Mason County FRC model in other rural
courts;
d. Work with and support integration of the Family Connections program,
including collecting data on referrals;
e. Purchase technology for an education and employment computer bank to
support participants in job searches, resume writing, etc.;
f. Purchase and install a storage shed to contain donated furniture and
household items for Family Treatment Court families moving into stable
housing;
g. Provide vocational training scholarships to enable parents to pursue job
training and certifications;
h. Contract for instructors to provide life skills class instruction to include family
planning and infant CPR.
2. TERM AND PERIOD OF PERFORMANCE
This Agreement shall commence on upon signature of both parties, and will continue
GRT21689 Page 1 of 6
through September 30, 2023, unless otherwise terminated (Term). The actual
period of performance for this Agreement will be determined by the SOW.
Notwithstanding the foregoing, this Agreement and all its terms and conditions shall
remain in full force and effect until all deliverables are completed or otherwise
terminated, and this Agreement is terminated and/or completed.
The subawardee shall provide a final programmatic narrative report detailing the
activities and outcomes of the projects funded by the award on the Award End Date.
Such report shall describe subawardee's progress in achieving the purposes of the
grant and a detailed financial accounting of all grant funds.
3. QUALITY ASSURANCE AND QUALITY CONTROL
Subawardee is responsible for compliance with the AOC Sub-Recipients Monitoring
Policy (Attachment C). Subawardee will:
(a) Carry out program activities as stipulated in this Agreement;
(b) Have adequate internal controls to protect federal funds;
(c) Claim reimbursement only for costs that are allowable, reasonable, allocable,
and necessary under program guidelines;
(d) Identify any conflicts of interest that exist; and
(e) Maintain required supporting documentation/records.
Subawardee also agrees to fully cooperate with all monitoring and review activities
required under the Sub-Recipients Monitoring Policy, and any reasonable request
for information or documentation from AOC's program manager.
4. COMPENSATION AND PAYMENT
The subaward amount is $243,084. AOC will distribute funds per Attachment B -
Mason FTC Budget (attached and incorporated herein as Attachment B) for the
performance of work as set forth above. This amount includes expenses necessary
or incidental to performing the items under the Statement of Work, including, but not
limited to, travel, lodging and per diem related expenses. Contractor will submit an
invoice after the completion and acceptance of each deliverable noted above.
BILLING PROCEDURES
Contractor will submit properly prepared itemized invoices via email to AOC
Financial Services at MSDFinancialServices@courts.wa.gov. Invoices shall be
submitted no more frequently than once a month. Incorrect or incomplete invoices
shall be returned by AOC to Contractor for correction and reissuance. The invoices
shall describe and document to AOC's reasonable satisfaction a description of the
work performed the progress of the project, and fees. All Invoices shall provide and
itemize, at a minimum, the following:
A. Contract Number GRT21689;
B. Contractor name, address, phone number;
C. Contractor Federal tax Identification Number;
GRT21689 Page 2 of 6
D. Description of Services provided,-
E. Date(s) Services were provided;
F. Total Invoice Price.
Payment will be considered timely if made by the AOC within thirty (30) calendar
days of receipt of a properly prepared invoice. No invoice shall be submitted until
after a deliverable has been accepted by the AOC Project Manager. Payment shall
be sent to the address designated by the Contractor.
The AOC may, in its sole discretion, terminate the contract or withhold payments
claimed by the Contractor for services rendered if the Contractor fails to satisfactorily
comply with any term or condition of this contract.
No payments in advance or in anticipation of services or supplies to be provided
under this contract shall be made by the AOC.
5. SAFEGUARDING OF INFORMATION
The use or disclosure by the Contractor of any information obtained as a result of
performance under this contract concerning the AOC or the Court for any purpose
not directly connected with the administration of the AOC's, the Court's or the
Contractor's responsibilities with respect to services provided under this contract is
prohibited except by written consent of the AOC or the Court..
6. CONFLICT OF INTEREST
Subawardee warrants that at the date of execution of this Agreement, no
organizational conflict of interest exists or is likely to arise in the performance of its
obligations under the Subcontract. Subawardee warrants that it shall advise AOC
immediately if a conflict of interest arises in the future.
7. PROJECT MANAGEMENT
The Project Manager for each of the parties shall be the contact person for all
communications regarding the performance of this Contract.
fAOC Project Manager Contractor Project Manager
Cilvndy Bricker Renee Cu=98584
Box 41170 419 N 4th
mpia, WA 98504-1170 Shelton, Wcindy.bricker@courts.wa.gov ReneeC@(360) 705-5306 (360) 427-
8. ASSIGNMENT. Subawardee agrees that none of the deliverables to be furnished
under this Agreement shall be assigned or subcontracted (including to independent
consultants) without the prior written permission of AOC.
GRT21689 Page 3 of 6
9. TERMINATION
A. Termination for Default
The AOC may, by written notice, terminate this contract, in whole or in part,
for failure of the Contractor to perform any of the obligations or provisions
required by the contract. In the event of default, the Contractor shall be liable
for damages as authorized by law, including but not limited to, any cost
difference between the original contract and the replacement or cover
contract and all administrative costs directly related to the replacement
contract, e.g., cost of the competitive bidding, mailing, advertising and staff
time; Provided, that if (i) it is determined for any reason the Contractor was
not in default, or (ii) the Contractor's failure to perform is without Contractor's
and/or Subcontractor's control, fault, or negligence, the termination shall be
deemed to be a Termination for Convenience.
B. Termination for Convenience
Except as otherwise provided in this contract, the AOC may terminate this
contract by providing written notice of such termination to the Contractor,
specifying the effective date thereof, at least five (5) calendar days prior to
such date. If this contract is so terminated, the AOC shall be liable only for
payment for services rendered prior to the effective date of termination.
10. DISPUTES. The Parties agree to attempt to resolve any dispute arising under this
Agreement first by elevating the matter to appropriate levels of management within
each organization. Subawardee agrees that pending any decision, appeal or
judgment on the settlement of any dispute arising under this Agreement,
Subawardee shall proceed diligently with the performance of this Agreement.
11. INDEMNIFICATION
The Contractor shall defend, protect, and hold harmless the state of Washington,
the AOC, or any employees thereof, from and against all claims, suits or actions
arising from the Contractor's acts which are libelous or slanderous, which result in
injury to persons or property, which violate a right of confidentiality, or which
constitute an infringement of any copyright, patent, trademark or trade name
through use or reproduction of material of any kind.
12. FORCE MAJEURE
Neither Contractor nor AOC shall be liable or responsible for delays or failures in
performance resulting from events beyond the reasonable control of such party and
without fault or negligence of such party. Such events shall include but not be
limited to strikes, lockouts, riots, acts of war, epidemics, pandemics, acts of
government, fire, power failures, nuclear accidents, earthquakes, unusually severe
weather, acts of terrorism, or other disasters, whether or not similar to the
foregoing, and acts or omissions or failure to cooperate of the other party or third
parties (except Subcontractors).
GRT21689 Page 4 of 6
13. REPRESENTATION AND CERTIFICATIONS. Subawardee shall complete all
required Representations and Certifications as they apply to this Agreement, if any.
Subawardee further agrees that it will provide additional or annual Representations
and Certifications as may be requested by AOC in connection with this Agreement,
and also agrees to promptly notify AOC of any changes which modify the information
contained in any such Representations and Certifications.
14. COMPLIANCE WITH LAWS. Subawardee shall comply with all applicable Federal,
State, and local laws, executive orders, rules and regulations applicable to its
performance under this Agreement.
15. INDEPENDENT CONTRACTORS. Subawardee is an independent contractor in
relation to AOC with respect to all matters arising under this Agreement. Nothing
herein shall be construed to establish a partnership, joint venture, association or
employment relationship between the parties. Neither Party shall be deemed to be
an agent of the other or to have any authority to bind or create any obligation, express
or implied, on behalf of the other.
16. WHOLE AGREEMENT. This Agreement and the SOW attached hereto contain and
embody the entire agreement of the Parties hereto and supersede all prior
agreements, negotiations and discussions between the Parties hereto. Any
representation, inducement or agreement that is not contained in this Agreement
shall not be of any force or effect. Except as otherwise expressly provided in this
Agreement, this Agreement may not be modified or changed in whole or in part in
any manner other than by an instrument in writing duly signed by both Parties hereto.
17. NO PUBLICITY. No news releases, public announcement, Customer(s) names,
denial or confirmation of any part of the subject matter of this Agreement or any phase
of any program hereunder shall be made without the prior written consent of AOC.
The restrictions of this section shall continue in effect upon completion or termination
of this Agreement for such period of time as may be mutually agreed upon in writing
by the Parties. In the absence of a written established period, no disclosure is
authorized.
18. GOVERNING LAWIVENUE. This Agreement will be governed by and construed and
enforced in accordance with the laws of Washington without giving effect to the
principles of conflict of laws thereunder.
19. EXECUTION IN COUNTERPARTS. This Agreement may be executed in one or
more counterparts and each counterpart shall constitute one and the same
Agreement.
20. WAIVER. No Party shall be deemed to have waived any right hereunder unless such
waiver is in writing, and the waiver or failure of either Party to exercise in any respect
any right provided for herein shall not be a waiver of any further right hereunder.
21. SEVERABILITY. If any portion of this Agreement is held or determined to be invalid
GRT21689 Page 5 of 6
or unenforceable, the remaining provisions shall continue in full force and effect as if
this Agreement had been executed within the invalid portion eliminated.
22. HEADINGS. Any headings used in this Agreement are for purposes of organization
only and have no independent legal significance.
In WITNESS WHEREOF, the parties hereto have caused this instrument to be signed
as of the day and year below written.
Administrative Office of the Courts Subawardee
Signature Date Signature Date
Dawn Marie Rubio
Name Name
State Court Administrator
Title Title
GRT21689 Page 6 of 6
Department of Justice(DOJ)
'{. Attachment A - GRT21689
Office of Justice Programs
Office of the Assistant Attorney General Washington,D.C. 10531
Ms.Cindy Bricker
Washington Administrative Office of the Courts
P.O.Box 41172
Olympia,WA 98504-1172
Dear Ms.Bricker:
On behalf of Attorney General William P.Barr,it is my pleasure to inform you that the Office of Justice Programs(OJP),U.S.
Department of Justice(DOJ),has approved the application by Washington Administrative Office of the Courts for an award
under the OR funding opportunity entitled"Category3:State and County Family Drug Courts Expansion." The approved
award amount is S1,750,000. These funds are for the project entitled Statewide Support for Effective Family Treatment Courts
and Services.
The award document,including award conditions,is enclosed. The entire document is to be reviewed carefully before any
decision to accept the award. Also,the webpage entitled"Legal Notices:Special circumstances as to particular award
conditions"(ojp.gov/funding/Explore/LcgalNotices-AwardRegts.htm)is to be consulted prior to an acceptance. Through that
"Legal Notices"webpage,OR sets out--by funding opportunity--certain special circumstances that may or will affect the
applicability of one or more award requirements. Any such legal notice pertaining to award requirements that is posted
through that webpage is incorporated by reference into the award.
Please note that award requirements include not only award conditions,but also compliance with assurances and certifications
that relate to conduct during the period of performance for the award. Because these requirements encompass financial,
administrative,and programmatic matters,as well as other important matters(e.g.,specific restrictions on use of funds),it is
vital that all key staff know the award requirements,and receive the award conditions and the assurances and certifications,as
well as the application as approved by OJP. (Information on all pertinent award requirements also must be provided to any
subrecipient of the award.)
Should Washington Administrative Office of the Courts accept the award and then fail to comply with an award requirement,
DOJ will pursue appropriate remedies for non-compliance,which may include termination of the award and/or a requirement
to repay award funds.
Please direct questions regarding this award as follows:
For program questions,contact Kathryn Barry,Program Manager at(202)514-6019;and
For financial questions,contact the Customer Service Center of OJP's Office of the Chief Financial Officer at
(800)458-0786,or at ask.ocfo@usdoj.gov.
We look forward to working with you.
Sincerely,
VVP_
Katharine T.Sullivan
Principal Deputy Assistant Attorney General
Encl.
Department of Justice(DOJ)
Office of Justice Programs
Office of Civil Rights
Washington,DC 20531
Ms.Cindy Bricker
Washington Administrative Office of the Courts
P.O.Box 41172
Olympia,WA 98504-1172
Dear Ms.Bricker:
Congratulations on your recent award. The Office for Civil Rights(OCR),Office of Justice Programs(OJP),U.S.Department of
Justice(DOJ)has been delegated the responsibility for ensuring that recipients of federal financial assistance from the OJP,the Office
of Community Oriented Policing Services(COPS),and the Office on Violence Against Women(OVW)are not engaged in
discrimination prohibited by law. Several federal civil rights laws,such as Title VI of the Civil Rights Act of 1964 and Title IX of
the Education Amendments of 1972,require recipients of federal financial assistance to give assurances that they will comply with
those laws. In addition to those civil rights laws,many grant program statutes contain nondiscrimination provisions that require
compliance with them as a condition of receiving federal financial assistance. For a complete review of these civil rights laws and
nondiscrimination requirements,in connection with OJP and other DOJ awards,see
https:Hojp.gov/funding/Explore/LegalOverview/Civi lRightsRequi rements.htm
Under the delegation of authority,the OCR investigates allegations of discrimination against recipients from individuals,entities,or
groups. In addition,the OCR conducts limited compliance reviews and audits based on regulatory criteria. These reviews and audits
permit the OCR to evaluate whether recipients of financial assistance from the Department are providing services in a non-
discriminatory manner to their service population or have employment practices that meet equal-opportunity standards.
If you are a recipient of grant awards under the Omnibus Crime Control and Safe Streets Act or the Juvenile Justice and Delinquency
Prevention Act and your agency is part of a criminal justice system,there are two additional obligations that may apply in connection
with the awards: (1)complying with the regulation relating to Equal Employment Opportunity Programs(EEOPs);and(2)
submitting findings of discrimination to OCR. For additional information regarding the EEOP requirement,see 28 CFR Part 42,
subpart E,and for additional information regarding requirements when there is an adverse finding,see 28 C.F.R.§§42.204(c),
.205(c)(5). Please submit information about any adverse finding to the OCR at the above address.
We at the OCR are available to help you and your organization meet the civil rights requirements that are associated with ON and
other DOJ grant funding. If you would like the OCR to assist you in fulfilling your organization's civil rights or nondiscrimination
responsibilities as a recipient of federal financial assistance,please do not hesitate to let us know.
Sincerely,
Michael L.Alston
Director
cc: Grant Manager
Financial Analyst
Department of Justice(DOJ)
Office of Justice Programs
PAGE I OF 17
Office of Juvenile Justice and Cooperative Agreement
Delinquency Prevention
I.RECIPIENT NAME AND ADDRESS(Including Zip Code) 4.A WARD NUMBER: 2020-AR-BX-K001
Washington Administrative Office of the Courts
P.O.Box 41172 5.PROJECT PERIOD:FROM 10/01/2020 TO 09/30/2023
Olympia,WA 98504-1172
BUDGET PERIOD:FROM 10/01/2020 TO 09/30/2023
6.AWARD DATE 7.ACTION
2a.GRANTEE IRSNENDOR NO. 8.SUPPLEMENT NUMBER Initial
916013419 00
2b.GRANTEE DUNS NO.
618132187 9.PREVIOUS AWARD AMOUNT so
3.PROJECT TITLE 10.AMOUNT OF THIS AWARD S 1,750,000
Statewide Support for Effective Family Treatment Courts and Services
ETALAWARD $1,750,000
12.SPECIAL CONDITIONS
THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH
ON THE ATTACHED PAGE(S).
13.STATUTORY AUTHORITY FOR GRANT
This project is supported under FY20(OJJDP-Family Drug Court Program-State and County Expansion)34 USC 10611.et seq.;Pub.L.No.116-93,133
Stat.2317,2409
14.CATALOG OF DOMESTIC FEDERAL ASSISTANCE(CFDA Number)
16.838-Comprehensive Opioid Abuse Site-Based Program
15.METHOD OF PAYMENT
GPRS
AGENCY APPROVAL GRANTEE ACCEPTANCE
16.TYPED NAME AND TITLE OF APPROVING OFFICIAL 18.TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL
Katharine T.Sullivan Cindy Bricker
Principal Deputy Assistant Attorney General Court Improvement Program Director
17.SIGNATURE OF APPROVING OFFICIAL 19.SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A.DATE
AGENCY USE ONLY
20.ACCOUNTING CLASSIFICATION CODES 21. VARTGT0225
FISCAL FUND BUD. DIV.
YEAR CODE ACT. OFC. PEG. SUB. POMS AMOUNT
X B AR 70 00 00 1710000
OJP FORM 4000/2(REV.5-87)PREVIOUS EDITIONS ARE OBSOLETE.
OJP FORM 4000/2(REV.4-88)
Department of Justice(DOJ)
Office of Justice Programs AWARD CONTINUATION
Office of Juvenile Justice and SHEET PAGE 2 OF 17
Delinquency Prevention Cooperative Agreement
PROJECT NUMBER 2020-AR-BX-K001 AWARD DATE
SPECIAL CONDITIONS
I. Requirements of the award;remedies for non-compliance or for materially false statements
The conditions of this award are material requirements of the award.Compliance with any assurances or certifications
submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material
requirement of this award.
Limited Exceptions.In certain special circumstances,the U.S.Department of Justice("DOJ")may determine that it will
not enforce,or enforce only in part,one or more requirements otherwise applicable to the award.Any such exceptions
regarding enforcement,including any such exceptions made during the period of performance,are(or will be during
the period of performance)set out through the Office of Justice Programs("OJP")webpage entitled"Legal Notices:
Special circumstances as to particular award conditions"(ojp.gov/funding/Explore[LegaiNotices-AwardRegts.htm),and
incorporated by reference into the award.
By signing and accepting this award on behalf of the recipient,the authorized recipient official accepts all material
requirements of the award,and specifically adopts,as if personally executed by the authorized recipient official,all
assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of
performance.
Failure to comply with one or more award requirements--whether a condition set out in full below,a condition
incorporated by reference below,or an assurance or certification related to conduct during the award period--may
result in OJP taking appropriate action with respect to the recipient and the award.Among other things,the OJP may
withhold award funds,disallow costs,or suspend or terminate the award.DOJ,including OJP,also may take other legal
action as appropriate.
Any materially false,fictitious,or fraudulent statement to the federal government related to this award(or concealment
or omission of a material fact)may be the subject of criminal prosecution(including under 18 U.S.C. 1001 and/or 1621,
and/or 34 U.S.C. 10271-10273),and also may lead to imposition of civil penalties and administrative remedies for false
claims or otherwise(including under 31 U.S.C.3729-3730 and 3801-3812).
Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms,that provision
shall first be applied with a limited construction so as to give it the maximum effect permitted by law.Should it be
held,instead,that the provision is utterly invalid or-unenforceable,such provision shall be deemed severable from this
award.
OJP FORM 4000/2(REV.4-88)
Department of Justice(DOJ)
Office of Justice Programs AWARD CONTINUATION
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Delinquency Prevention
Cooperative Agreement
PROJECT NUMBER 2020-AR-BX-K001 AWARD DATE
SPECIAL CONDITIONS
2. Applicability of Part 200 Uniform Requirements
The Uniform Administrative Requirements,Cost Principles,and Audit Requirements in 2 C.F.R.Part 200,as adopted
and supplemented by DOJ in 2 C.F.R.Part 2800(together,the"Part 200 Uniform Requirements")apply to this FY
2020 award from OJP.
The Part 200 Uniform Requirements were first adopted by DOI on December 26,2014. If this FY 2020 award
supplements funds previously awarded by OJP under the same award number(e.g.,funds awarded during or before
December 2014),the Part 200 Uniform Requirements apply with respect to all funds under that award number
(regardless of the award date,and regardless of whether derived from the initial award or a supplemental award)that
are obligated on or after the acceptance date of this FY 2020 award.
For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards
("subgrants"),see the OJP website at https:Hojp.gov/funding/Part200UniforTnRequirements.htm.
Record retention and access: Records pertinent to the award that the recipient(and any subrecipient("subgrantee")at
any tier)must retain--typically for a period of 3 years from the date of submission of the final expenditure report(SF
425),unless a different retention period applies--and to which the recipient(and any subrecipient("subgrantee")at
any tier)must provide access,include performance measurement information,in addition to the financial records,
supporting documents,statistical records,and other pertinent records indicated at 2 C.F.R.200.333.
In the event that an award-related question arises from documents or other materials prepared or distributed by OJP
that may appear to conflict with,or differ in some way from,the provisions of the Part 200 Uniform Requirements,the
recipient is to contact ON promptly for clarification.
3. Compliance with DOJ Grants Financial Guide
References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website
(currently,the"DOJ Grants Financial Guide"available at https:Hojp.gov/financiaiguide/DOJ/index.htm),including any
updated version that maybe posted during the period of performance. The recipient agrees to comply with the DOJ
Grants Financial Guide.
4. Reclassification of various statutory provisions to a new Title 34 of the United States Code
On September 1,2017,various statutory provisions previously codified elsewhere in the U.S.Code were editorially
reclassified(that is,moved and renumbered)to a new Title 34,entitled"Crime Control and Law Enforcement."The
reclassification encompassed a number of statutory provisions pertinent to OJP awards(that is,OJP grants and
cooperative agreements),including many provisions previously codified in Title 42 of the U.S.Code.
Effective as of September 1,2017,any reference in this award document to a statutory provision that has been
reclassified to the new Title 34 of the U.S.Code is to be read as a reference to that statutory provision as reclassified to
Title 34,This rule of construction specifically includes references set out in award conditions,references set out in
material incorporated by reference through award conditions,and references set out in other award requirements.
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Department of Justice(DOJ)
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SPECIAL CONDITIONS
5. Required training for Point of Contact and all Financial Points of Contact
Both the Point of Contact(POC)and all Financial Points of Contact(FPOCs)for this award must have successfully
completed an"OJP financial management and grant administration training"by 120 days after the date of the
recipient's acceptance of the award. Successful completion of such a training on or after January 1,2018,will satisfy
this condition.
In the event that either the POC or an FPOC for this award changes during the period of performance,the new POC or
FPOC must have successfully completed an"OJP financial management and grant administration training"by 120
calendar days after--(1)the date of OJP's approval of the"Change Grantee Contact"GAN(in the case of a new
POC),or(2)the date the POC enters information on the new FPOC in GMS(in the case of a new FPOC). Successful
completion of such a training on or after January 1,2018,will satisfy this condition.
A list of OJP trainings that OJP will consider"OJP financial management and grant administration training"for
purposes of this condition is available at https://www.ojp.gov/training/fmts.htm. All trainings that satisfy this condition
include a session on grant fraud prevention and detection.
The recipient should anticipate that OJP will immediately withhold("freeze")award funds if the recipient fails to
comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate
conditions on this award.
6. Requirements related to"de minimis"indirect cost rate
A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the"de minimis"
indirect cost rate described in 2 C.F.R.200.414(f),and that elects to use the"de minimis"indirect cost rate,must advise
OJP in writing of both its eligibility and its election,and must comply with all associated requirements in the Part 200
Uniform Requirements. The"de minimis"rate may be applied only to modified total direct costs(MTDC)as defined
by the Part 200 Uniform Requirements.
7. Requirement to report potentially duplicative funding
If the recipient currently has other active awards of federal funds,or if the recipient receives any other award of federal
funds during the period of performance for this award,the recipient promptly must determine whether funds from any
of those other federal awards have been,are being,or are to be used(in whole or in part)for one or more of the
identical cost items for which funds are provided under this award. If so,the recipient must promptly notify the DOJ
awarding agency(OJP or OVW,as appropriate)in writing of the potential duplication,and,if so requested by the DOJ
awarding agency,must seek a budget-modification or change-of-project-scope grant adjustment notice(GAN)to
eliminate any inappropriate duplication of funding.
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Department of Justice(DOJ)
Office of Justice Programs AWARD CONTINUATION
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SPECIAL CONDITIONS
8. Requirements related to System for Award Management and Universal Identifier Requirements
The recipient must comply with applicable requirements regarding the System for Award Management(SAM),
currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM,
as well as maintaining the currency of information in SAM.
The recipient also must comply with applicable restrictions on subawards("subgrants")to first-tier subrecipients
(first-tier"subgrantees"),including restrictions on subawards to entities that do not acquire and provide(to the
recipient)the unique entity identifier required for SAM registration.
The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site
at https:Hojp.gov/funding/Explore/SAM.htm(Award condition: System for Award Management(SAM)and Universal
Identifier Requirements),and are incorporated by reference here.
This condition does not apply to an award to an individual who received the award as a natural person(i.e.,unrelated to
any business or non-profit organization that he or she may own or operate in his or her name).
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Department of Justice(DOJ)
Office of Justice Programs AWARD CONTINUATION
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PROJECT NUMBER 2020-AR-BX-K001 AWARD DATE
SPECIAL CONDITIONS
9. Employment eligibility verification for hiring under the award
1.The recipient(and any subrecipient at any tier)must--
A.Ensure that,as part of the hiring process for any position within the United States that is or will be funded(in whole
or in part)with award funds,the recipient(or any subrecipient)properly verifies the employment eligibility of the
individual who is being hired,consistent with the provisions of 8 U.S.C. 1324a(a)(1)and(2).
B.Notify all persons associated with the recipient(or any subrecipient)who are or will be involved in activities under
this award of both--
(1)this award requirement for verification of employment eligibility,and
(2)the associated provisions in 8 U.S.C. 1324a(a)(1)and(2)that,generally speaking,make it unlawful,in the United
States,to hire(or recruit for employment)certain aliens.
C.Provide training(to the extent necessary)to those persons required by this condition to be notified of the award
requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1)and(2).
D.As part of the recordkeeping for the award(including pursuant to the Part 200 Uniform Requirements),maintain
records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with
Form 1-9 record retention requirements,as well as records of all pertinent notifications and trainings.
2.Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3.Allowable costs
To the extent that such costs are not reimbursed under any other federal program,award funds may be obligated for the
reasonable,necessary,and allocable costs(if any)of actions designed to ensure compliance with this condition,
4.Rules of construction
A.Staff involved in the hiring process
For purposes of this condition,persons"who are or will be involved in activities under this award"specifically includes
(without limitation)any and all recipient(or any subrecipient)officials or other staff who are or will be involved in the
hiring process with respect to a position that is or will be funded(in whole or in part)with award funds.
B.Employment eligibility confirmation with E-Verify
For purposes of satisfying the requirement of this condition regarding verification of employment eligibility,the
recipient(or any subrecipient)may choose to participate in,and use,E-Verify(www.e-verify.gov),provided an
appropriate person authorized to act on behalf of the recipient(or subrecipient)uses E-Verify(and follows the proper
E-Verify procedures,including in the event of a"Tentative Nonconfirmation"or a"Final Nonconfirmation")to
confirm employment eligibility for each hiring for a position in the United States that is or will be funded(in whole or
in part)with award funds.
C."United States"specifically includes the District of Columbia,Puerto Rico,Guam,the Virgin Islands of the United
States,and the Commonwealth of the Northern Mariana Islands.
D.Nothing in this condition shall be understood to authorize or require any recipient,any subrecipient at any tier,or
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Office of Justice Programs AWARD CONTINUATION
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SPECIAL CONDITIONS
any person or other entity,to violate any federal law,including any applicable civil rights or nondiscrimination law.
E.Nothing in this condition,including in paragraph 4.B.,shall be understood to relieve any recipient,any subrecipient
at any tier,or any person or other entity,of any obligation otherwise imposed by law,including 8 U.S.C. 1324a(a)(1)
and(2).
Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verify
website(https://www.e-verify.gov/)or email E-Verify at E-Verify@dhs.gov. E-Verify employer agents can email E-
Verify at E-VerifyEmployerAgent@dhs.gov.
Questions about the meaning or scope of this condition should be directed to OJP,before award acceptance.
10. Requirement to report actual or imminent breach of personally identifiable information(P11)
The recipient(and any"subrecipient"at any tier)must have written procedures in place to respond in the event of an
actual or imminent"breach"(OMB M-17-12)if it(or a subrecipient)--(1)creates,collects,uses,processes,stores,
maintains,disseminates,discloses,or disposes of"personally identifiable information(P1I)"(2 CFR 200.79)within the
scope of an OJP grant-funded program or activity,or(2)uses or operates a"Federal information system"(OMB
Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of
PII to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach,or the detection of an
imminent breach.
11. All subawards("subgrants")must have specific federal authorization
The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements for
authorization of any subaward. This condition applies to agreements that--for purposes of federal grants
administrative requirements--OJP considers a"subaward"(and therefore does not consider a procurement
"contract").
The details of the requirement for authorization of any subaward are posted on the OJP web site at
https:Hojp.gov/funding/Explore/SubawardAuthorization.htm(Award condition: All subawards("subgrants")must have
specific federal authorization),and are incorporated by reference here.
12. Specific post-award approval required to use a noncompetitive approach in any procurement contract that would
exceed$250,000
The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements to obtain
specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the
Simplified Acquisition Threshold(currently,$250,000). This condition applies to agreements that--for purposes of
federal grants administrative requirements--OJP considers a procurement"contract"(and therefore does not consider
a subaward).
The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under
an OJP award are posted on the OJP web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm
(Award condition: Specific post-award approval required to use a noncompetitive approach in a procurement contract
(if contract would exceed$250,000)),and are incorporated by reference here.
ON FORM 4000/2(REV.4-88)
Department of Justice(DOJ)
Office of Justice Programs AWARD CONTINUATION
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PROJECT NUMBER 2020-AR-BX-K001 AWARD DATE
SPECIAL CONDITIONS
13. Unreasonable restrictions on competition under the award;association with federal government
SCOPE.This condition applies with respect to any procurement of property or services that is funded(in whole or in
part)by this award,whether by the recipient or by any subrecipient at any tier,and regardless of the dollar amount of
the purchase or acquisition,the method of procurement,or the nature of any legal instrument used.The provisions of
this condition must be among those included in any subaward(at any tier).
1.No discrimination,in procurement transactions,against associates of the federal government
Consistent with the(DOJ)Part 200 Uniform Requirements--including as set out at 2 C.F.R.200.300(requiring
awards to be"manage[d]and administer[ed]in a manner so as to ensure that Federal funding is expended and
associated programs are implemented in full accordance with U.S.statutory and public policy requirements")and
200.319(a)(generally requiring"[a]ll procurement transactions[to]be conducted in a manner providing full and open
competition"and forbidding practices"restrictive of competition,"such as"[p]lacing unreasonable requirements on
firms in order for them to qualify to do business"and taking"[a]ny arbitrary action in the procurement process")--no
recipient(or subrecipient,at any tier)may(in any procurement transaction)discriminate against any person or entity on
the basis of such person or entity's status as an"associate of the federal government"(or on the basis of such person or
entity's status as a parent,affiliate,or subsidiary of such an associate),except as expressly set out in 2 C.F.R.
200.319(a)or as specifically authorized by USDOJ.
2.Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3.Allowable costs
To the extent that such costs are not reimbursed under any other federal program,award funds may be obligated for the
reasonable,necessary,and allocable costs(if any)of actions designed to ensure compliance with this condition.
4.Rules of construction
A.The term"associate of the federal government"means any person or entity engaged or employed(in the past or at
present)by or on behalf of the federal government--as an employee,contractor or subcontractor(at any tier),grant
recipient or-subrecipient(at any tier),agent,or otherwise--in undertaking any work,project,or activity for or on
behalf of(or in providing goods or services to or on behalf of)the federal government,and includes any applicant for
such employment or engagement,and any person or entity committed by legal instrument to undertake any such work,
project,or activity(or to provide such goods or services)in future.
B.Nothing in this condition shall be understood to authorize or require any recipient,any subrecipient at any tier,or
any person or other entity,to violate any federal law,including any applicable civil rights or nondiscrimination law.
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14. Requirements pertaining to prohibited conduct related to trafficking in persons(including reporting requirements and
OJP authority to terminate award)
The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements(including
requirements to report allegations)pertaining to prohibited conduct related to the trafficking of persons,whether on the
part of recipients,subrecipients("subgrantees"),or individuals defined(for purposes of this condition)as"employees"
of the recipient or of any subrecipient.
The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the
OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm(Award condition: Prohibited
conduct by recipients and subrecipients related to trafficking in persons(including reporting requirements and OJP
authority to terminate award)),and are incorporated by reference here.
15. Determination of suitability to interact with participating minors
SCOPE.This condition applies to this award if it is indicated--in the application for the award(as approved by
DOJ)(or in the application for any subaward,at any tier),the DOJ funding announcement(solicitation),or an
associated federal statute--that a purpose of some or all of the activities to be carried out under the award(whether by
the recipient,or a subrecipient at any tier)is to benefit a set of individuals under 18 years of age.
The recipient,and any subrecipient at any tier,must make determinations of suitability before certain individuals may
interact with participating minors. This requirement applies regardless of an individual's employment status.
The details of this requirement are posted on the OJP web site at https:Hojp.gov/funding/Explore/Interact-Minors.htm
(Award condition: Determination of suitability required,in advance,for certain individuals who may interact with
participating minors),and are incorporated by reference here.
16. Compliance with applicable rules regarding approval,planning,and reporting of conferences,meetings,trainings,and
other events
The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable laws,regulations,
policies,and official DOJ guidance(including specific cost limits,prior approval and reporting requirements,where
applicable)governing the use of federal funds for expenses related to conferences(as that term is defined by DOJ),
including the provision of food and/or beverages at such conferences,and costs of attendance at such Conferences.
Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ
Grants Financial Guide(currently,as section 3.10 of"Postaward Requirements"in the"DOJ Grants Financial Guide").
17. Requirement for data on performance and effectiveness under the award
The recipient must collect and maintain data that measure the performance and effectiveness of work under this award.
The data must be provided to OJP in the manner(including within the timeframes)specified by OJP in the program
solicitation or other applicable written guidance. Data collection supports compliance with the Government
Performance and Results Act(GPRA)and the GPRA Modernization Act of 2010,and other applicable laws.
18. OJP Training Guiding Principles
Any training or training materials that the recipient--or any subrecipient("subgrantee")at any tier--develops or
delivers with OR award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees,
available at https://ojp.gov/funding/Implement/TrainingPrinciplesForGrantees-Subgrantees.htm.
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19. Effect of failure to address audit issues
The recipient understands and agrees that the DOJ awarding agency(OJP or OVW,as appropriate)may withhold
award funds,or may impose other related requirements,if(as determined by the DOJ awarding agency)the recipient
does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform
Requirements(or by the terms of this award),or other outstanding issues that arise in connection with audits,
investigations,or reviews of DOJ awards.
20. Potential imposition of additional requirements
The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency
(OJP or OVW,as appropriate)during the period of performance for this award,if the recipient is designated as"high-
risk"for purposes of the DOJ high-risk grantee list.
21. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination-28 C.F.R.Part 42
The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements of 28
C.F.R.Part 42,specifically including any applicable requirements in Subpart E of 28 C.F.R.Part 42 that relate to an
equal employment opportunity program.
22. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination-28 C.F.R.Part 54
The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements of 28
C.F.R.Part 54,which relates to nondiscrimination on the basis of sex in certain"education programs."
23. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination-28 C.F.R.Part 38
The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements of 28
C.F.R.Part 38(as may be applicable from time to time),specifically including any applicable requirements regarding
written notice to program beneficiaries and prospective program beneficiaries.
Currently,among other things,28 C.F.R.Part 38 includes rules that prohibit specific forms of discrimination on the
basis of religion,a religious belief,a refusal to hold a religious belief,or refusal to attend or participate in a religious
practice. Part 38,currently,also sets out rules and requirements that pertain to recipient and subrecipient
("subgrantee")organizations that engage in or conduct explicitly religious activities,as well as rules and requirements
that pertain to recipients and subrecipients that are faith-based or religious organizations.
The text of 28 C.F.R.Part 38 is available via the Electronic Code of Federal Regulations(currently accessible at
https://www.ecfr.gov/cgi-bin/ECFR?page=browse),by browsing to Title 28-Judicial Administration,Chapter I,Part
38,under a-CFR"current"data.
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24. Restrictions on"lobbying"
In general,as a matter of federal law,federal funds awarded by OJP may not be used by the recipient,or any
subrecipient("subgrantee")at any tier,either directly or indirectly,to support or oppose the enactment,repeal,
modification,or adoption of any law,regulation,or policy,at any level of govemment. See 18 U.S.C. 1913. (There
may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be
barred by law.)
Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient,or any
subrecipient at any tier,to pay any person to influence(or attempt to influence)a federal agency,a Member of
Congress,or Congress(or an official or employee of any of them)with respect to the awarding of a federal grant or
cooperative agreement,subgrant,contract,subcontract,or loan,or with respect to actions such as renewing,extending,
or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply,including an exception that
applies to Indian tribes and tribal organizations.
Should any question arise as to whether a particular use of federal funds by a recipient(or subrecipient)would or might
fall within the scope of these prohibitions,the recipient is to contact OJP for guidance,and may not proceed without the
express prior written approval of OJP.
25. Compliance with general appropriations-law restrictions on the use of federal funds(FY 2020)The recipient,and any
subrecipient("subgrantee")at any tier,must comply with all applicable restrictions on the use of federal funds set out in
federal appropriations statutes.Pertinent restrictions that may be set out in applicable appropriations acts are indicated
at https:Hojp.gov/funding/Explore/FY20AppropriationsRest ictions.htm,and are incorporated by reference here.Should
a question arise as to whether a particular use of federal funds by a recipient(or a subrecipient)would or might fall
within the scope of an appropriations-law restriction,the recipient is to contact OJP for guidance,and may not proceed
without the express prior written approval of OJP.
26. Reporting potential fraud,waste,and abuse,and similar misconduct
The recipient,and any subrecipients("subgrantees")at any tier,must promptly refer to the DOJ Office of the Inspector
General(OIG)any credible evidence that a principal,employee,agent,subrecipient,contractor,subcontractor,or other
person has,in connection with funds under this award--(1)submitted a claim that violates the False Claims Act;or(2)
committed a criminal or civil violation of laws pertaining to fraud,conflict of interest,bribery,gratuity,or similar
misconduct.
Potential fraud,waste,abuse,or misconduct involving or relating to funds under this award should be reported to the
OIG by--(I)online submission accessible via the OIG webpage at https://oig.justice.gov/hotline/contact-grants.htm
(select"Submit Report Online");(2)mail directed to:U.S.Department of Justice,Office of the Inspector General,
Investigations Division,ATTN:Grantee Reporting,950 Pennsylvania Ave.,NW,Washington,DC 20530;and/or(3)by
facsimile directed to the DOJ OIG Investigations Division(Attn:Grantee Reporting)at(202)616-9881 (fax).
Additional information is available from the DOJ OIG website at https://oig.justice.govlhotline.
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27. Restrictions and certifications regarding non-disclosure agreements and related matters
No recipient or subrecipient("subgrantee")under this award,or entity that receives a procurement contract or
subcontract with any funds under this award,may require any employee or contractor to sign an internal confidentiality
agreement or statement that prohibits or otherwise restricts,or purports to prohibit or restrict,the reporting(in
accordance with law)of waste,fraud,or abuse to an investigative or law enforcement representative of a federal
department or agency authorized to receive such information.
The foregoing is not intended,and shall not be understood by the agency making this award,to contravene
requirements applicable to Standard Form 312(which relates to classified information),Form 4414(which relates to
sensitive compartmented information),or any other form issued by a federal department or agency governing the
nondisclosure of classified information.
1. In accepting this award,the recipient--
a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees
or contractors that currently prohibit or otherwise currently restrict(or purport to prohibit or restrict)employees or
contractors from reporting waste,fraud,or abuse as described above;and
b. certifies that,if it learns or is notified that it is or has been requiring its employees or contractors to execute
agreements or statements that prohibit or otherwise restrict(or purport to prohibit or restrict),reporting of waste,fraud,
or abuse as described above,it will immediately stop any further obligations of award funds,will provide prompt
written notification to the federal agency making this award,and will resume(or permit resumption of)such
obligations only if expressly authorized to do so by that agency.
2. If the recipient does or is authorized under this award to make subawards("subgrants"),procurement contracts,or
both--
a. it represents that--
(1) it has determined that no other entity that the recipient's application proposes may or will receive award funds
(whether through a subaward("subgrant"),procurement contract,or subcontract under a procurement contract)either
requires or has required internal confidentiality agreements or statements from employees or contractors that currently
prohibit or otherwise currently restrict(or purport to prohibit or restrict)employees or contractors from reporting waste,
fraud,or abuse as described above;and
(2) it has made appropriate inquiry,or otherwise has an adequate factual basis,to support this representation;and
b. it certifies that,if it learns or is notified that any subrecipient,contractor,or subcontractor entity that receives funds
under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit
or otherwise restrict(or purport to prohibit or restrict),reporting of waste,fraud,or abuse as described above,it will
immediately stop any further obligations of award funds to or by that entity,will provide prompt written notification to
the federal agency making this award,and will resume(or permit resumption of)such obligations only if expressly
authorized to do so by that agency.
OJP FORM 4000/2(REV.4-88)
Department of Justice(DOJ)
Office of Justice Programs AWARD CONTINUATION
Office of Juvenile Justice and SHEET PAGE 13 OF 17
Delinquency Prevention Cooperative Agreement
PROJECT NUMBER 2020-AR-BX-K001 AWARD DATE
SPECIAL CONDITIONS
28. Compliance with 41 U.S.C.4712(including prohibitions on reprisal;notice to employees)
The recipient(and any subrecipient at any tier)must comply with,and is subject to,all applicable provisions of 41
U.S.C.4712,including all applicable provisions that prohibit,under specified circumstances,discrimination against an
employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant,a
gross waste of federal funds,an abuse of authority relating to a federal grant,a substantial and specific danger to public
health or safety,or a violation of law,rule,or regulation related to a federal grant.
The recipient also must inform its employees,in writing(and in the predominant native language of the workforce),of
employee rights and remedies under 41 U.S.C.4712.
Should a question arise as to the applicability of the provisions of 41 U.S.C.4712 to this award,the recipient is to
contact the DOJ awarding agency(OJP or OV W,as appropriate)for guidance.
29. Encouragement of policies to ban text messaging while driving
Pursuant to Executive Order 13513,"Federal Leadership on Reducing Text Messaging While Driving,"74 Fed.Reg.
51225(October 1,2009),DOJ encourages recipients and subrecipients("subgrantees")to adopt and enforce policies
banning employees from text messaging while driving any vehicle during the course of performing work funded by this
award,and to establish workplace safety policies and conduct education,awareness,and other outreach to decrease
crashes caused by distracted drivers.
30. Requirement to disclose whether recipient is designated"high risk"by a federal grant-making agency outside of DOJ
If the recipient is designated"high risk"by a federal grant-making agency outside of DOJ,currently or at any time
during the course of the period of performance under this award,the recipient must disclose that fact and certain related
information to OJP by email at OJP.ComplianceReporting@ojp.usdoj.gov. For purposes of this disclosure,high risk
includes any status under which a federal awarding agency provides additional oversight due to the recipient's past
performance,or other programmatic or financial concerns with the recipient.The recipient's disclosure must include
the following: 1.The federal awarding agency that currently designates the recipient high risk,2.The date the recipient
was designated high risk,3.The high-risk point of contact at that federal awarding agency(name,phone number,and
email address),and 4.The reasons for the high-risk status,as set out by the federal awarding agency.
31. The recipient agrees to submit a final report at the end of this award documenting all relevant project activities during
the entire period of support under this award.This report will include detailed information about the project(s)funded,
including,but not limited to,information about how the funds were actually used for each purpose area,data to support
statements of progress,and data concerning individual results and outcomes of funded projects reflecting project
successes and impacts.The final report is due no later than 90 days following the close of this award period or the
expiration of any extension periods.This report will be submitted to the Office of Justice Programs,on-line through
the Internet at https:Hgrants.ojp.usdoj.gov/.
32. The recipient shall submit semiannual progress reports. Progress reports shall be submitted within 30 days after the end
of the reporting periods,which are June 30 and December 31,for the life of the award. These reports will be submitted
to the Office of Justice Programs,on-line through the Internet at https://grants.ojp.usdoj.gov/.
OJP FORM 4000/2(REV.4-88)
Department of Justice(DOJ)
Office of Justice Programs AWARD CONTINUATION
r Office of Juvenile Justice and SHEET PAGE 14 OF 17
Delinquency Prevention Cooperative Agreement
PROJECT NUMBER 2020-AR-BX-K001 AWARD DATE
SPECIAL CONDITIONS
33. Recipient integrity and performance matters: Requirement to report information on certain civil,criminal,and
administrative proceedings to SAM and FAPIIS
The recipient must comply with any and all applicable requirements regarding reporting of information on civil,
criminal,and administrative proceedings connected with(or connected to the performance of)either this OJP award or
any other grant,cooperative agreement,or procurement contract from the federal government. Under certain
circumstances,recipients of OJP awards are required to report information about such proceedings,through the federal
System for Award Management(known as"SAM"),to the designated federal integrity and performance system
(currently,"FAPIIS").
The details of recipient obligations regarding the required reporting(and updating)of information on certain civil,
criminal,and administrative proceedings to the federal designated integrity and performance system(currently,
"FAPIIS")within SAM are posted on the OJP web site at https:Hojp.gov/funding/FAPIIS.htm(Award condition:
Recipient Integrity and Performance Matters,including Recipient Reporting to FAPIIS),and are incorporated by
reference here.
34. FFATA reporting: Subawards and executive compensation
The recipient must comply with applicable requirements to report first-tier Subawards("subgrants")of$25,000 or
more and,in certain circumstances,to report the names and total compensation of the five most highly compensated
executives of the recipient and first-tier subrecipients(first-tier"subgrantees")of award funds. The details of recipient
obligations,which derive from the Federal Funding Accountability and Transparency Act of 2006(FFATA),are posted
on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm(Award condition:Reporting Subawards and
Executive Compensation),and are incorporated by reference here.
This condition,including its reporting requirement,does not apply to--(1)an award of less than$25,000,or(2)an
award made to an individual who received the award as a natural person(i.e.,unrelated to any business or non-profit
organization that he or she may own or operate in his or her name).
35, With respect to this award,federal funds may not be used to pay cash compensation(salary plus bonuses)to any
employee of the award recipient at a rate that exceeds 110%of the maximum annual salary payable to a member of the
federal government's Senior Executive Service(SES)at an agency with a Certified SES Performance Appraisal System
for that year. (An award recipient may compensate an employee at a higher rate,provided the amount in excess of this
compensation limitation is paid with non-federal funds.)
This limitation on compensation rates allowable under this award may be waived on an individual basis at the
discretion of the OJP official indicated in the program announcement under which this award is made.
36. Recipient agrees to submit a written strategy describing the jurisdiction's plan for sustaining the juvenile,tribal,or
family drug court program after Federal financial assistance has ended.The sustainability plan must be submitted by
the end of the first year of the award period in order to be in compliance with this requirement.
37. The recipient agrees to report data on the grantee's OJJDP-approved performance measures as part of the semi-annual
categorical progress report.This data will be submitted on line at OJJDP's Performance Measures website
(https:Hojjdp.gov/grantees/pm/index.html)by July 31 and January 31 each year for the duration of the award. Once data
entry is complete,the grantee will be able to create and download a"Performance Measures Data Report." This
document is to be included as an attachment to the grantee's narrative categorical assistance progress report submitted
in GMS for each reporting period.
38. The recipient,and any subrecipient("subgrantee")at any tier,understands and agrees that no award funds or matching
funds(if applicable)may be used to provide services for violent offenders as defined in 34 USC 10613(a)and(b).
ON FORM 4000/2(REV.4-88)
Department of Justice(DOJ)
Office of Justice Programs AWARD CONTINUATION
r c Office of Juvenile Justice and SHEET PAGE 15 OF 17
w ^" Delinquency Prevention Cooperative Agreement
PROJECTNUMBER 2020-AR-BX-K001 AWARD DATE
SPECIAL CONDITIONS
39. Within 45 calendar days after the end of any conference,meeting,retreat,seminar,symposium,training activity,or
similar event funded under this award,and the total cost of which exceeds$20,000 in award funds,the recipient must
provide the program manager with the following information and itemized costs:
1)name of event;
2)event dates;
3)location of event;
4)number of federal attendees;
5)number of non-federal attendees;
6)costs of event space,including rooms for break-out sessions;
7)costs of audio visual services;
8)other equipment costs(e.g.,computer fees,telephone fees);
9)costs of printing and distribution;
10)costs of meals provided during the event;
11)costs of refreshments provided during the event;
12)costs of event planner;
13)costs of event facilitators;and
14)any other costs associated with the event.
The recipient must also itemize and report any of the following attendee(including participants,presenters,speakers)
costs that are paid or reimbursed with cooperative agreement funds:
1)meals and incidental expenses(MME portion of per diem);
2)lodging;
3)transportation to/from event location(e.g.,common carrier,Privately Owned Vehicle(POV));and,
4)local transportation(e.g.,rental car,POV)at event location.
Note that if any item is paid for with registration fees,or any other non-award funding,then that portion of the expense
does not need to be reported.
Further instructions regarding the submission of this data,and how to determine costs,are available in the OR
Financial Guide Conference Cost Chapter.
OJP FORM 4000/2(REV.4-88)
Department of Justice(DOJ)
Office of Justice Programs AWARD CONTINUATION
Office of Juvenile Justice and SHEET PAGE 16 OF 17
Delinquency Prevention Cooperative Agreement
PROJECT NUMBER 2020-AR-BX-KO01 AWARD DATE
SPECIAL CONDITIONS
40. The Project Director and key program personnel designated in the application shall be replaced only for compelling
reasons. Successors to key personnel must be approved,and such approval is contingent upon submission of
appropriate information,including,but not limited to,a resume. OJP will not unreasonably withhold approval.
Changes in other program personnel require only notification to OJP and submission of resumes,unless otherwise
designated in the award document.
41. Cooperating with OJP Monitoring
The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's guidelines,protocols,and
procedures,and to cooperate with OJP(including the grant manager for this award and the Office of Chief Financial
Officer(OCFO))requests related to such monitoring,including requests related to desk reviews and/or site visits. The
recipient agrees to provide to OJP all documentation necessary for OJP to complete its monitoring tasks,including
documentation related to any subawards made under this award. Further,the recipient agrees to abide by reasonable
deadlines set by OJP for providing the requested documents. Failure to cooperate with OJP's monitoring activities may
result in actions that affect the recipient's DOJ awards,including,but not limited to:withholdings and/or other
restrictions on the recipient's access to award funds;referral to the DOJ OIG for audit review;designation of the
recipient as a DOJ High Risk grantee;or termination of an award(s).
42. Justification of consultant rate
Approval of this award does not indicate approval of any consultant rate in excess of$650 per day.A detailed
justification must be submitted to and approved by the OJP program office prior to obligation or expenditure of such
funds.
43. Statement of Federal Involvement:
Due to the substantial Federal involvement contemplated in completion of this project,the Office of Juvenile Justice
and Delinquency Prevention(OJJDP)has elected to enter into a cooperative agreement rather than a grant. This
decision is based on OJP and OJJDP's ongoing responsibility to assist and coordinate projects that relate to the
funded activities. OJP and OJJDP will provide input and re-direction to the project,as needed,in consultation with the
recipient,and will actively monitor the project by methods including,but not limited to,ongoing contact with the
recipient. In meeting programmatic responsibilities,OJP,OJJDP,and the recipient will be guided by the following
principles: responsibility for the day-to-day operations of this project rests with the recipient in implementation of the
recipient's approved proposal,the recipient's approved budget,and the terms and conditions specified in this award.
Responsibility for general oversight and redirection of the project,if necessary,rests with OJJDP. In addition to its
programmatic reporting requirements,the recipient agrees to provide necessary information as requested by OJP and
OJJDP. Information requests may include,but are not limited to,specific submissions related to:performance,
including measurement of project outputs/outcomes;meeting performance specifications;developmental decision
points;changes in project scope or personnel;budget modifications;and/or coordination of related projects.
44, The recipient may not obligate,expend or draw down funds until the Office of the Chief Financial Officer(OCFO)has
approved the budget and budget narrative and a Grant Adjustment Notice(GAN)has been issued to remove this special
condition.
45. The recipient shall transmit to OJJDP copies of all official award-related press releases at least five(5)working days
prior to public release. Advance notification permits time for coordination of release of information by OJJDP where
appropriate and to respond to press or public inquiries.
OJP FORM 4000/2(REV.4-88)
Department of Justice(DOJ)
Office of Justice Programs AWARD CONTINUATION
. Office of Juvenile Justice and SHEET PAGE 17 OF 17
Delinquency Prevention
9 Y Cooperative Agreement
PROJECT NUMBER 2020-AR-BX-K001 AWARD DATE
SPECIAL CONDITIONS
46. The recipient shall submit to OJJDP a copy of all interim and final reports and proposed publications(including those
prepared for conferences,journals,and other presentations)resulting from this award,for review and comment prior to
publishing. Any publication produced with grant funds must contain the following statement:"This project was
supported by Grant#()awarded by the Office of Juvenile Justice and Delinquency Prevention,Office of Justice
Programs,U.S.Department of Justice.The opinions,findings,and conclusions or recommendations expressed in this
publication/program/exhibition are those of the author(s)and do not necessarily reflect those of the Department of
Justice. All reports and products may be required to display the OJJDP logo on the cover(or other location)with the
agreement of OJJDP. OJJDP defines publications as any planned,written,visual or sound materials substantively
based on the project,formally prepared by the award recipient for dissemination to the public.
47. The recipient agrees promptly to provide,upon request,financial or programmatic-related documentation related to
this award,including documentation of expenditures and achievements.
48. The recipient understands that it will be subject to additional financial and programmatic on-site monitoring,which
may be on short notice,and agrees that it will cooperate with any such monitoring.
49. High risk:Withholding-Completion of"OJP financial management and grant administration training"required
The recipient may not obligate,expend,or draw down funds under this award until--(1)OR determines that the
recipient's Point of Contact(POC)and all Financial Points of Contact(FPOCs)for this award have successfully
completed an"OJP financial management and grant administration training"on or after January 1,2018,and(2)OR
issues a Grant Adjustment Notice(GAN)to modify or remove this special condition.
Once both the POC and all FPOCs have successfully completed the training required by this condition,the recipient
may contact the designated grant manager for the award to request initiation of a GAN to remove this condition.
A list of the OR trainings that OR will consider an"OJP financial management and grant administration training"for
purposes of this condition is available at https://ojp.gov/training/fmts.htm. All trainings that satisfy this condition
include a session on grant fraud prevention and detection.
OJP FORM 4000/2(REV.4-88)
Department of Justice(DOJ)
Office of Justice Programs
Office of Juvenile Justice and Delinquency Prevention
Washington,D.C. 20531
Memorandum To: Official Grant File
From: Lou Ann Holland,OJJDP NEPA Coordinator
Subject: Categorical Exclusion for Washington Administrative Office of the Courts
This award is made as part of the FY 2020 Family Drug Court Program.Awards under this program will support
state,local,and tribal governments to enhance drug court programs for families and juveniles in the justice system
with substance abuse problems.None of the following activities will be conducted either under this award or a
related third party action:
1)New construction;
2)Any renovation or remodeling of a property located in an environmentally or historically sensitive area,
including property(a)listed on or eligible for listing on the National Register of Historic Places,or(b)located
within a 100-year flood plain,a wetland,or habitat for an endangered species;
3)A renovation which will change the basic prior use of a facility or significantly change its size;
4)Research and technology whose anticipated and future application could be expected to have an effect on the
environment;or
5)Implementation of a program involving the use of chemicals,other than chemicals that are(a)purchased as an
incidental component of a funded activity and(b)traditionally used,for example,in office,household,recreational,
or education environments.
Additionally,the proposed action is neither a phase nor a segment of a project which when reviewed in its entirety
would not meet the criteria for a categorical exclusion.Consequently,the subject federal action meets OJP's
criteria for a categorical exclusion as contained in paragraph 4(b)of Appendix D to Part 61 of Title 28 of the Code
of Federal Regulations.
Department of Justice(DOJ) GRANT MANAGER'S MEMORANDUM,PT. I:
Office of Justice Programs PROJECT SUMMARY
Office of Juvenile Justice and
Delinquency Prevention Cooperative Agreement
PROJECT NUMBER
2020-AR-BX-K001 PAGE 1 OF 1
This project is supported under FY20(OJJDP-Family Drug Court Program-State and County Expansion)34 USC 10611,et seq.;Pub.L.No. 116-93,133 Stat.
2317,2409
1.STAFF CONTACT(Name&telephone number) 2.PROJECT DIRECTOR(Name,address&telephone number)
Kathryn Barry Cindy Bricker
(202)514-6019 CIP Director
P.O.Box 41170
Olympia,WA 98504
(360)705-5306
3a.TITLE OF THE PROGRAM 3b.POMS CODE(SEE INSTRUCTIONS
Category3:State and County Family Drug Courts Expansion ON REVERSE)
4.TITLE OF PROJECT
Statewide Support for Effective Family Treatment Courts and Services
5.NAME&ADDRESS OF GRANTEE 6.NAME&ADRESS OF SUBGRANTEE
Washington Administrative Office of the Courts
P.O.Box 41172
Olympia,WA 98504-1172
7.PROGRAM PERIOD 8.BUDGET PERIOD
FROM: 10/01/2020 TO: 09/30/2023 FROM: 10/01/2020 TO: 09/30/2023
9.AMOUNT OF AWARD 10.DATE OF AWARD
S 1,750,000
11.SECOND YEAR'S BUDGET 12.SECOND YEAR'S BUDGET AMOUNT
13.THIRD YEAR'S BUDGET PERIOD 14.THIRD YEAR'S BUDGET AMOUNT
15.SUMMARY DESCRIPTION OF PROJECT(See instruction on reverse)
The OJJDP Family Drug Court Program seeks to build the capacity of states,state and local courts,units of local government,and federally recognized tribal
governments to sustain existing family drug courts or establish new family drug courts.Category 3:State and County Family Drug Courts Expansion will support
states and counties to enhance and/or expand family drug court treatment and recovery practices at the larger state and county levels to more effectively serve
families affected by opioid,stimulant,and other substance use disorders.
The State of Washington will(1)expand cross-system collaboration at the state and local levels to engage the Health Care Authority state substance use treatment
agency to improve access and coordination of substance use disorder treatment for parents participating in family treatment courts(FTCs);(2)develop a state team
and governance structure to engage and support local FTC operations and provide training on nationally recognized practices to be implemented with fidelity across
all FTCs;and(3)increase the capacity of existing FTCs,with a focus on courts in rural communities,to expand access to the treatment and services to improve
OJP FORM 4000/2(REV.4-88)
outcomes.CA/NCF
Attachment B - GRT21689
MASON COUNTY FAMILY REUNIFICATION COURT
FTC GRANT SUB AWARD BUDGET
YEAR 1 YEAR 2 YEAR 3
Jan 2021- Oct 2021- Oct 2022-
Sept 2021 Sept 2022 Sept 2023
Salaries&Benefits
FT Caseworker
Salary 30,162.00 40,216.00 40,216.00
Benefits 18,106.00 24,142.00 24,142.00
Total 48,268.00 64,358.00 64,358.00
Supplies
Caseworker Office Set Up
Computer/Monitor/Software 3,200.00
Printer 500.00
Cell phone/service 1,800.00
Desk/Chair/Chair Pad 1,000.00
Educational/Employment Computer Bank
3 Computer/Monitor/Software 9,600.00
Printer 500.00
3 bank computer workstation 1,500.00
Total 18,100.00
Professional Services
Professionals for Life Skills Classes
2 classes/month @ $500/class 12,000.00 12,000.00 12,000.00
Vocational Training Scholarships 3,000.00 3,000.00 3,000.00
(certifications for participants i.e.food
handlers,flagger, CNA, CERT, EMT, etc. )
Total 15,000.00 15,000.00 15,000.00
Equipment
Storage Shed 3,000.00
Total 3,000.00
FFY TOTAL $84,368.00 $79,358.00 $79,358.00
Attachment C - GRT21689
Sub-recipients Monitoring Policy for AOC
The purpose of Sub-recipients Monitoring Policy for AOC is to:
• Ensure compliance with 2 C.F.R. § 200.303 and 200.331 (attached), as well as
any AOC requirements.
• Ensure sub-recipients use grant funds in accordance with all federal and program
guidelines.
• Ensure the sub-recipients achieve performance objectives on schedule and
within budget.
• Ensure sub-recipients' timely submission of all documents necessary to meet all
reporting requirements of the awarding agency (financial and performance
reports).
• Take the appropriate actions to ensure the sub-recipient's success, should
problems arise.
Pre-Award
If applicable, there will be an announcement of the specific funding opportunities,
eligibility requirements and the allotted timeframe to apply. Applications will be
reviewed and assessed for each sub-recipient's eligibility for federal funding. This will
include:
• Applicant's eligibility or the quality of its application; financial stability and quality
of management system; history of performance; and audit findings (if available).
• Ensuring the proposed sub-recipient or contractor is not suspended or debarred
by the federal government
• Ensuring the sub-recipient or contractor agrees to the required data elements as
listed in 2 C.F.R. § 200.331 (see Appendix A)
• Ensuring the sub-recipient or contractor agrees to applicable federal special
conditions of the grant award
Post-Award
Once selected, the sub-recipient or contractor will enter into a contract with AOC. This
contract will include elements laid out in 2 C.F.R. §200.331. The contract will require
that the sub-recipient will:
• Carry out program activities as stipulated in the subaward;
• Have adequate internal controls to protect federal funds;
• Claim reimbursement only for costs that are allowable, reasonable, allocable,
and necessary under program guidelines;
• Identify any conflicts of interest that exist; and
• Maintain required supporting documentation/records.
AOC's program manager will perform a risk assessment of each sub-recipient for
noncompliance with federal statutes, regulations, and the terms and conditions of the
subaward to determine the appropriate level of monitoring needed. This assessment will
include:
General Assessment Legal Assessment Financial Assessment
• Award amount Past suspension or Delinquent reports
• Matching funds debarment(must be Recent audit opinion
• New sub-recipient considered) Received financial
• Budget modification Federal debt owed reviews from other
requests agencies
The sub-recipient will be monitored based on the risk level determined from an
assessment based on the checklist in Appendix B.
Monitoring Plan for Sub-recipients
ALL Quarterly contact with sub-recipient on progress and barriers
LOW Desk Review yearly
MED Site Visit once per year unless site visits are unsafe due to external factors
HIGH Sit Visit twice per year unless site visits are unsafe due to external factors)
In preparation for site visits, AOC's program manager will:
• Review Sub-recipient's application for funding;
• Review written agreement with the sub-recipient;
• Review Financial and progress reports;
• Review payments made to the sub-recipient
• Copies of recent audit reports (if applicable)
On site monitoring (site visits) will include (if applicable):
1. Organizational structure
2. Fiscal Review (Chart of Accounts, Audits, etc)
3. Fiscal and Programmatic Policy and Procedure
4. Programmatic Review of funded activities including observation if applicable
5. Review of supporting documentation/records
Following any site visits, an exit interview will be held as well as a follow-up memo used
to create a permanent record of those findings. This will include sub-recipient's success,
if performing well, deficiencies and recommendations, if the sub-recipient is
experiencing problems or failing to comply with federal requirements or program
guidelines, and deadlines informing sub-recipients when a written response describing
their proposed resolutions to any findings is due. This will be provided to the sub-
recipient within 2 weeks of the site visit. AOC's program manager will place a copy in
the sub-recipient's file.
If a sub-recipient does not comply with federal statutes, regulations or the terms and
conditions of the subaward, AOC's program manager may impose additional conditions
such as:
• Withholding authority to proceed to the next phase until receipt of evidence of
acceptable performance within a given period of performance;
• Requiring additional, more detailed financial reports;
• Requiring additional project monitoring;
• Requiring the non-Federal entity to obtain technical or management assistance;
or
• Establishing additional prior approvals.
• The Federal awarding agency or AOC must notify the applicant or non-Federal
entity as to:
o The nature of the additional requirements;
o The reason why the additional requirements are being imposed;
o The nature of the action needed to remove the additional requirement, if
applicable;
o The time allowed for completing the actions if applicable, and
o The method for requesting reconsideration of the additional requirements
imposed.
• Any specific conditions must be promptly removed once the conditions that
prompted them have been corrected.
If noncompliance cannot be remedied by imposing additional conditions one or more of
the following actions may be taken:
• Temporarily withhold funds pending correction of the deficiency;
• Disallow all or part of the activity not in compliance;
• Wholly or partly suspend or terminate the subaward;
• Initiate suspension or debarment;
• Withhold future subawards; or
• Other legal remedies that may be available
Post Award Closeout Process
AOC will close out the subaward when all applicable administrative actions and all grant
related work have been completed. The sub-recipient will be required to submit all
financial, performance, and other reports to the AOC within a specified time after the
end date of the subaward's period of performance. AOC will make prompt payments to
sub-recipients for allowable and authorized reimbursable costs charged to the federal
award.
Appendix A: § 200.303 and § 200.331
§ 200.303 Internal controls.
The non-Federal entity must:
(a) Establish and maintain effective internal control over the Federal award that provides
reasonable assurance that the non-Federal entity is managing the Federal award in
compliance with Federal statutes, regulations, and the terms and conditions of the
Federal award. These internal controls should be in compliance with guidance in
"Standards for Internal Control in the Federal Government" issued by the Comptroller
General of the United States or the "Internal Control Integrated Framework", issued by
the Committee of Sponsoring Organizations of the Treadway Commission (COSO).
(b) Comply with Federal statutes, regulations, and the terms and conditions of the
Federal awards.
(c) Evaluate and monitor the non-Federal entity's compliance with statutes, regulations
and the terms and conditions of Federal awards.
(d) Take prompt action when instances of noncompliance are identified including
noncompliance identified in audit findings.
(e) Take reasonable measures to safeguard protected personally identifiable
information and other information the Federal awarding agency or pass-through
entity designates as sensitive or the non-Federal entity considers sensitive consistent
with applicable Federal, state, local, and tribal laws regarding privacy and obligations of
confidentiality.
[78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75883, Dec. 19, 2014]
§ 200.331 Requirements for pass-through entities.
All pass-through entities must:
(a) Ensure that every subaward is clearly identified to the sub-recipient as
a subaward and includes the following information at the time of the subaward and if
any of these data elements change, include the changes in
subsequent subaward modification. When some of this information is not available,
the pass-through entity must provide the best information available to describe the
Federal award and subaward. Required information includes:
(1) Federal Award Identification.
(i) Sub-recipient name (which must match the name associated with its unique entity
identifier);
(ii) Sub-recipient's unique entity identifier;
(iii) Federal Award Identification Number (FAIN);
(iv) Federal Award Date (see § 200.39 Federal award date) of award to the recipient by
the Federal agency;
(v) Subaward Period of Performance Start and End Date;
(vi) Amount of Federal Funds Obligated by this action by the pass-through entity to
the sub-recipient;
(vii) Total Amount of Federal Funds Obligated to the sub-recipient by the pass-through
entity including the current obligation;
(viii) Total Amount of the Federal Award committed to the sub-recipient by the pass-
through entity;
(ix) Federal award project description, as required to be responsive to the Federal
Funding Accountability and Transparency Act (FFATA);
(x) Name of Federal awarding agency, pass-through entity, and contact information for
awarding official of the Pass-through entity;
(xi) CFDA Number and Name; the pass-through entity must identify the dollar amount
made available under each Federal award and the CFDA number at time of
disbursement;
(xii) Identification of whether the award is R&D; and
(xiii) Indirect cost rate for the Federal award (including if the de minimis rate is charged
per § 200.414 Indirect (F&A) costs).
(2) All requirements imposed by the pass-through entity on the sub-recipient so that the
Federal award is used in accordance with Federal statutes, regulations and the terms
and conditions of the Federal award;
(3) Any additional requirements that the pass-through entity imposes on the sub-
recipient in order for the pass-through entity to meet its own responsibility to the Federal
awarding agency including identification of any required financial and performance
reports;
(4) An approved federally recognized indirect cost rate negotiated between the sub-
recipient and the Federal Government or, if no such rate exists, either a rate negotiated
between the pass-through entity and the sub-recipient (in compliance with this part), or
a de minimis indirect cost rate as defined in § 200.414 Indirect (F&A) costs, paragraph
(f);
(5) A requirement that the sub-recipient permit the pass-through entity and auditors to
have access to the sub-recipient's records and financial statements as necessary for
the pass-through entity to meet the requirements of this part; and
(6) Appropriate terms and conditions concerning closeout of the subaward.
(b) Evaluate each sub-recipient's risk of noncompliance with Federal statutes,
regulations, and the terms and conditions of the subaward for purposes of determining
the appropriate sub-recipient monitoring described in paragraphs (d) and (e) of this
section, which may include consideration of such factors as:
(1) The sub-recipient's prior experience with the same or similar subawards;
(2) The results of previous audits including whether or not the sub-recipient receives a
Single Audit in accordance with Subpart F -Audit Requirements of this part, and the
extent to which the same or similar subaward has been audited as a major program;
(3) Whether the sub-recipient has new personnel or new or substantially changed
systems; and
(4) The extent and results of Federal awarding agency monitoring (e.g., if the sub-
recipient also receives Federal awards directly from a Federal awarding agency).
(c) Consider imposing specific subaward conditions upon a sub-recipient if appropriate
as described in § 200.207 Specific conditions.
(d) Monitor the activities of the sub-recipient as necessary to ensure that
the subaward is used for authorized purposes, in compliance with Federal statutes,
regulations, and the terms and conditions of the subaward; and
that subaward performance goals are achieved. Pass-through entity monitoring of
the sub-recipient must include:
(1) Reviewing financial and performance reports required by the pass-through entity.
(2) Following-up and ensuring that the sub-recipient takes timely and appropriate action
on all deficiencies pertaining to the Federal award provided to the sub-recipient from
the pass-through entity detected through audits, on-site reviews, and other means.
(3) Issuing a management decision for audit findings pertaining to the Federal award
provided to the sub-recipient from the pass-through entity as required by §
200.521 Management decision.
(e) Depending upon the pass-through entity's assessment of risk posed by the sub-
recipient (as described in paragraph (b) of this section), the following monitoring tools
may be useful for the pass-through entity to ensure proper accountability and
compliance with program requirements and achievement of performance goals:
(1) Providing sub-recipients with training and technical assistance on program-related
matters; and
(2) Performing on-site reviews of the sub-recipient's program operations;
(3) Arranging for agreed-upon-procedures engagements as described in §
200.425 Audit services.
(f) Verify that every sub-recipient is audited as required by Subpart F - Audit
Requirements of this part when it is expected that the sub-recipient's Federal
awards expended during the respective fiscal year equaled or exceeded the threshold
set forth in § 200.501 Audit requirements.
(g) Consider whether the results of the sub-recipient's audits, on-site reviews, or other
monitoring indicate conditions that necessitate adjustments to the pass-through entity's
own records.
(h) Consider taking enforcement action against noncompliant sub-recipients as
described in § 200.338 Remedies for noncompliance of this part and in program
regulations.
[78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75885, Dec. 19, 2014; 80 FR
54409, Sept. 10, 2015]
Grants Vendor Risk Assessment
Vendor Name: Date:
Item Notes Pts*
General Assessment 0-N/A 1- No problem 2-Some Concern 3-Concern
Legal Assessment 0-N/A 1- No problem 2-Some Concern 3-Concern
Financial Assessment 0-N/A 1- No roblem 2-Some Concern 3-Concern
Award amount 0: $1-$15K; 1: $15K-$50K; 2: $50K-$100K; 3: $100K+
Matching funds 0: $1-$15K; 1: $15K-$50K; 2: $50K-$100K; 3: $100K+
New sub-recipient 0-N/A 1- No problem 2-Some Concern 3-Concern
Budget modification 0-N/A 1- No problem 2-Some Concern 3-Concern
requests
Past suspension or 0: No 3:Yes (points subjective to situation)
debarment
Federal debt owed 0: No 1-3:Yes (points subjective to situation)
Delinquent reports 0: No 1-3:Yes (points subjective to situation)
Recent audit opinion 0-N/A 1- No problem 2-Some Concern 3-Concern
Received financial reviews 0-N/A 1- No problem 2-Some Concern 3-Concern
from other agencies
* O-N/A 1- No problem 2-Some Concern 3-Concern
Monitoring Plan for Sub-recipients
ALL Monthly contact with sub-recipient on progress and barriers
LOW 0-12 Desk Review yearly
MED 13-23 Site Visit once per year unless site visits are unsafe due to external factors)
HIGH 24+ Sit Visit twice per year unless site visits are unsafe due to external factors
Additional Comments/Concerns:
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Mike Collins RE, PLS, County Engineer Action Agenda
DEPARTMENT: Public Works EXT: 450
COMMISSION MEETING DATE: April 13, 2021 Agenda Item #
BRIEFING DATE: March 29, 2021
BRIEFING PRESENTED BY: Mike Collins
[ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency
ITEM: Private Line Occupancy Permit
BACKGROUND:
Robert & Shannon Durbin have applied for a Private Line Occupancy Permit to install a new
underground waterline and sewer transport line This permit will include running a new
waterline and a septic transport line for moving the drain field to an upland portion of their
lot.
The home owner's property is located at 9661 NE North Shore Road (parcel number
32224-51-01002). The permit will cover the running a new waterline and a septic transport
line that will run under the North Shore Road. (see attached map).
The Durbin's have paid the application fee of $200 to process the proposed Private Line
Occupancy Permit.
RECOMMENDED ACTION:
Recommend the Board approve the Private Line Occupancy Permit granting permission to
run the utility lines under and across NE North Shore Road for address 9661, parcel number
32224-51-01002.
Attachments:
1. PLO w/exhibit map
IN THE MATTER OF THE APPLICATION OF Robert& Shannon Durbin
FOR A PRIVATE LINE UTILITY OCCUPANCY PERMIT TO CONSTRUCT, OPERATE,
AND MAINTAIN A sewer transport line and water line ALONG AND UNDER
North Shore Road.,A COUNTY MAINTAINED ROAD LOCATED IN MASON
COUNTY, WASHINGTON
Application of Robert&Shannon Durbin ,with principal residence located,by and through
9661 NE North Shore Road Belfair, WA , for a private line utility occupancy permit to
construct,operate and maintain a private waterline under county roads and highways in Mason
County, Washington, as set forth in attached Exhibit "A", having come before the County
Commissioners of Mason County,Washington during a regularly scheduled public meeting,on
the day of , 20_, and that it is in the public interest to allow the private
line utility occupancy permit herein granted;
NOW THEREFORE, IT IS ORDERED that a non-exclusive private line utility occupancy
permit be,and the same is hereby given and granted to operator,and its successors and assigns,
hereinafter referred to as the "Permittee", for a period commencing from and after the date of
the entry of this order for the purposes, at the location(s), and upon the express terms and
conditions as described herein, and terminating as provided herein.
I. DEFINITIONS
For the purposes of this private line utility occupancy permit, terms, phrases, words, and their
derivations not defined herein that are defined in Title 12 of the Mason County Code or the
Manual on Accommodating Utilities in the Mason County Right-of-Way published by the
County Engineer(the"Manual"), shall have the same meaning or be interpreted as provided in
Title 12 of the Mason County Code or the Manual. Words not defined here, in Title 12 of the
Mason County Code or the Manual shall have their ordinary meaning. A reference to Title 12
of the Mason County Code or the Manual refers to the same as may be amended, revised,
updated,re-enacted or re-codified from time to time.
II. GRANT
The County of Mason(hereafter the"County")hereby grants to the Permittee a non-exclusive
private line utility occupancy permit(hereinafter"Permit")which, once it becomes effective
shall authorize the Permittee to enter upon the road rights-of-way located within the Permit
Area for the purpose of maintaining,repairing,replacing, which grant shall be limited to the
following described purpose(s):A sewer transport line and water line.
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Such grant is subject to and must be exercised in strict accordance with and subject to this
Permit, Title 12 of the Mason County Code, the Manual and all applicable laws, rules,
regulations and ordinances. Permittee's exercise of any rights granted pursuant to the Permit
is subject to the exercise of the County's police powers, and other regulatory powers as it may
have or obtain in the future. No rights shall pass to the Permittee by implication. This Permit
does not include permission to enter into or upon the road rights-of-way for any purposes others
than the purposes expressly described herein. Permittee has a duty to notify the County of any
change in use or condition of the utility facilities that may affect the status of the utility facilities
as(a)private line(s)or the impact of the utility facilities upon the road rights-of-way.
III. UTILITY PERMIT REQUIRED
Permittee shall not commence or perform work to install, construct, maintain repair, replace
adjust, connect, disconnect, rebuild, or relocate its utility facilities within the road rights-of-
way (hereafter collectively or individually the "Work"), without first applying for, paying all
associated fees, and obtaining a utility permit as required pursuant to Title 12 of the Mason
County Code. In any utility permit so issued, the County may impose, as a condition of the
granting the utility permit, such conditions and regulations as may be necessary for the
protection, preservation and management of the road rights-of-way, including, by way of
example and not limitation, for the purpose of protecting any structures in the road
rights-of-way, maintaining proper distance from other utilities, ensuring the proper restoration
of such road rights-of-way and structures, and for the protection of the County and the public
and the continuity of pedestrian and vehicular traffic.
Permittee shall first file with the County Engineer its application for a utility permit to do such
Work together with plans and specifications showing at a minimum:
A. The position, depth and location of all such utility facilities sought to be constructed,
laid, installed or erected at that time, showing their relative position to existing county roads,
rights-of-way or other county property upon plans drawn to scale, hereinafter collectively
referred to as the"map of definite location;
B. The class and type of material and equipment to be used, manner of excavation,
construction, installation, backfill, erection of temporary structures, erection of permanent
structures,traffic control,traffic turnouts and road obstructions;
C. The manner in which the utility facility is to be installed;
D. Measures to be taken to preserve safe and free flow of traffic;
E. Structural integrity of the roadway, bridge, or other structure;
F. Specifications for the restoration of the county road, right-of-way or other county
property in the event that the road right of way will be disturbed by the Work; and
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G. Provision for ease of future road maintenance and appearance of the roadway.
Provision shall be made for known or planned expansion of the utility facilities, particularly
those located underground or attached to bridges or other structures within the road right-of-
way-
The location,alignment and depth of the utility facilities shall conform with said map of definite
location, except in instances in which deviation may be allowed thereafter in writing by the
County Engineer pursuant to application by Permittee.
All such Work shall be subject to the approval of and shall pass the inspection of the County
Engineer. The Permittee shall pay all costs of and expenses incurred in the examination,
inspection and approval of such work on account of granting the said utility permits.
IV. RESTORATION OF ROAD RIGHT OF WAY
In any Work which disturbs or causes damage to the road rights-of-way subject to this Permit,
public or private property,the Permittee shall at its own expense and with all convenient speed,
complete the work to repair and restore the county road right-of-way, or the public or private
property so disturbed or damaged, and leave the same in as good or better condition as before
the Work was commenced, to the reasonable satisfaction of the County Engineer. The
Permittee shall pay all costs of and expenses incurred in the examination, inspection and
approval of such restoration or repair.
The County Commissioners and/or County Engineer may at any time do, order or have done
any and all work that they consider necessary to restore to a safe condition such County road
right-of-way or other County property left by the Permittee or its agents in a condition
dangerous to life or property,and the Permittee,upon demand, shall pay to the County all costs
of such work.
V. PERMITTEE WORK IN RIGHT OF WAY
Permittee expressly agrees and understands that,with regard to Work within the road rights-of-
way:
A. All of Permittee's utility facilities and Work within the road rights-of-way or other
County property shall be performed in compliance with the provisions of Title 12 MCC, the
Manual, the administrative regulations adopted by the County Engineer, other
County-established requirements for placement of utility facilities in road rights-of-way,
including the specific location of utility facilities in the road rights-of-way, and all applicable
laws,rules, regulations and ordinances;
B. In preparing plans and specifications for the Work the Permittee shall use the
Manual. Prior to commencement of any Work, Permittee shall submit such plans and
specifications to the County Engineer for review and approval together with the adequate
3
exhibit depicting the existing or proposed location of the utility facility in relation to the road,
including right-of-way or easement lines; relationship to currently planned road revisions, if
applicable; and all locations and situations for which deviations in depth of cover (including
the proposed method of protection) or other locational standards that are anticipated;
C. All Work subject to this Permit shall be done in such a manner as not to interfere,
other than in ways approved by the County, with the construction, operation and maintenance
of other utilities,public or private,drains,drainage ditches and structures,irrigation ditches and
structures, located therein,nor with the grading or improvements of such County roads,rights-
of-way or other County property;
D. The owners and operators of all utility facilities (public or private) installed in the
Permit Area or other county property prior in time to the utility facilities of the Permittee, shall
have preference as to the alignment and location of such utilities so installed with respect to the
Permittee. Such preference shall continue in the event of the necessity of relocating or changing
the grade of any such county road or right-of-way;
E. Permittee shall perform the Work and operate its utility facilities in a manner that
minimizes interference with the use of the road rights-of-way by others, including others that
may be installing utility facilities; and
F. The County may require that Permittee's utility facilities be installed at a particular
time, at a specific place, or in a particular manner as a condition of access to a particular road
or road right-of-way;may deny access if a Permittee is not willing to comply with the County's
requirements; and may remove,or require removal of, any utility facility that is not installed in
compliance with the requirements established by the County,or which is installed without prior
County approval of the time, place, or manner of installation and charge the Permittee for all
the costs associated with removal; and may require Permittee to cooperate with others to
minimize adverse impacts on the road and road rights-of-way through joint trenching and other
arrangements.
G. The County may inspect the utility facilities at any time reasonable under the
circumstances to ensure compliance with this Permit and applicable law, including to ensure
that the private line utility facilities are constructed and maintained in a safe condition. If an
unsafe condition is found to exist, the County, in addition to taking any other action permitted
under applicable law, may order the Permittee, in writing, to make the necessary repairs and
alterations specified therein forthwith to correct the unsafe condition on a time-table established
by the County which is reasonable in light of the unsafe condition. The County has the right to
correct, inspect, administer, and repair the unsafe condition if the Licensee fails to do so, and
to charge the Permittee therefor. The right of the County to conduct such inspections and order
or make repairs shall not be construed to create an obligation therefore, and such obligation to
construct and maintain its utility facilities in a safe condition shall at all times remain the sole
obligation of the Permittee.
4
H. When required by the County, Permittee shall make information available to the
public regarding any Work involving the ongoing installation, construction, adjustment,
relocation, repair or maintenance of its utility facilities sufficient to show(1)the nature of the
work being performed; (2)where it is being performed; (3) its estimated completion date; and
(4)progress to completion.
I. PERMITTEE IS PLACED ON NOTICE THAT FIBER OPTIC
COMMUNICATIONS, POWER, CONTROL SYSTEMS, OTHER TYPES OF CABLES
AND PIPELINES MAY BE BURIED ON THE RIGHT OF WAY. Before beginning any
underground work, Permittee will contact the appropriate personnel to have such facilities
located and make arrangements as to protective measures that must be adhered to prior to the
commencement of any work within the road and road rights-of-way. In addition to the liability
terms elsewhere in this Agreement, Permittee shall indemnify and hold the County and its
elected and appointed officers, employees and agents harmless against and from all cost,
liability,and expense whatsoever(including,without limitation,attorney's fees and court costs
and expenses) arising out of or in any way contributed to by any act or omission of Permittee,
its contractor,agents and/or employees,that cause or in any way or degree contribute to(1) any
damage to or destruction of any such facilities by Permittee,and/or its contractor,agents and/or
employees, on the County's property, (2)any injury to or death of any person employed by or
on behalf of any entity, and/or its contractor, agents and/or employees, on the road rights-of-
way, and/or (3)any claim or cause of action for alleged loss of profits or revenue, or loss of
service,by a customer or user of services or products of such company(ies).
J. Permittee shall continuously be a member of the State of Washington one number
locator service under RCW 19.122, or an approved equivalent, and shall comply with all such
applicable rules and regulations.
K. Except in the event of emergency as described below, Permittee and its agents may
not enter upon the permit area to perform work for which a utility permit is required,unless and
except upon two-business days' notice to the County Engineer.
L. In the event of an emergency involving the threat of imminent harm to persons or
property, and for purposes of taking immediate corrective action,Permittee and its agents may
enter the Permit Area without advance notice to the County as long as such entry is for the sole
purpose of addressing the emergency; provided however, that if any entry for such purposes
would require issuance of a utility permit, Permittee shall give the County verbal or telephonic
notice of the places where and the manner in which entry is required prior to such entry,
promptly followed by written notice. In all cases, notice to the County shall be given as far in
advance as practical prior to entry or as soon as practicable after entry upon the road right-of-
way-
M. Permittee shall promptly reimburse the County for its reasonable and direct costs
incurred in responding to an emergency that is caused,created by or attributable to the presence,
construction,maintenance,repair,or operation of Permittee's utility facilities in the road rights-
of-way.
5
N. If, during any Work, Permittee or its agents discover scientific or historic artifacts,
Permittee or its agents shall immediately notify the County of said discovery and shall protect
such artifacts in a manner as specified by the County. Any such artifact shall be the property
of the County if the County wishes to own it.
VI. PROTECTION OF PUBLIC
All Work done under this Permit shall be done in a thorough and workman-like manner. In the
performance of any Work, including without limitation, the opening of trenches and the
tunneling under county roads, right-of way or other county property, the Permittee shall leave
such trenches, ditches and tunnels in such a way as to interfere as little as possible with public
travel and shall take all due and necessary precautions to guard the same, so that damage or
injury shall not occur or arise by reason of such Work; and where any of such trenches,ditches
and tunnels are left open at night,the Permittee shall place warning lights,barricades and other
appropriate protective devices at such a position as to give adequate warning of such Work.
The Permittee shall be liable for any injury to person or persons or damage to property sustained
arising out of its carelessness or neglect, or through any failure or neglect to properly guard or
give warning of any trenches, ditches or tunnels dug or maintained by the Permittee.
VII. POLICE POWERS
The County,in granting this Permit,does not waive any rights which it now has or may hereafter
acquire with respect to county roads, rights-of-way or other county property and this Permit
shall not be construed to deprive the county of any powers, rights or privileges which it now
has or may hereafter acquire to regulate the use of and to control the county roads,right-of-way
and other county property covered by this Permit. The County retains the right to administer
and regulate activities of the Permittee up to the fullest extent of the law. The failure to reserve
a particular right to regulate, or reference a particular regulation, shall not be interpreted by
negative implication or otherwise to prevent the application of a regulation to the Permittee.
VIII. RELOCATION
Permittee shall, in the course of any Work,comply with the following requirements:
A. The Permittee shall,by a time specified by the County,protect,support,temporarily
disconnect, relocate, or remove any of its utility facilities when required by the County by
reason of traffic conditions; public safety; road right-of-way construction; road right-of-way
repair (including resurfacing or widening); change of road right-of-way grade; construction,
installation, or repair of County-owned sewers, drains, water pipes, power lines, signal lines,
tracks, communications system, other public work, public facility, or improvement of any
government-owned utility; road right-of-way vacation; or for any other purpose where the
County work involved would be aided by the removal or relocation of the utility facilities.
Collectively, such matters are referred to below as the "public work."
Permittee acknowledges and understands that any delay by Permittee in performing the above
6
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. Permittee shall cooperate with the
County and its contractors and subcontractors to coordinate such Permittee work to
accommodate the Public Work project and project schedules to avoid delay, hindrance of, or
interference with the Public Work. The County shall make available to the Permittee a copy of
the Six Year Transportation Program and the County's annual construction program after
adoption each year. It is anticipated these programs will aid the Permittee in planning
construction programs.
B. Permittee has a duty to protect its utility facilities from work performed by the
County within the road rights-of-way. The rights granted to the Permittee herein do not
preclude the County, its employees, contractors, subcontractors, and agents from blasting,
grading, excavating, or doing other necessary road work contiguous to Permittee's utility
facilities; providing that, the Permittee shall be given a minimum of forty-eight (48) hours
notice of said blasting or other work in order that the Permittee may protect its utility facilities.
C. In the event of an emergency, or where the utility facility creates or is contributing
to an imminent danger to health, safety, or property, the County may protect, support,
temporarily disconnect, remove, or relocate any or all parts of the utility facility without prior
notice,and charge the Permittee for costs incurred.
D. If any Person that is authorized to place facilities in the road right of way requests
the Permittee to protect, support, temporarily disconnect, remove, or relocate the Permittee's
utility facilities to accommodate the construction, operation, or repair of the facilities of such
other person,the Permittee shall,after 30 days'advance written notice,take action to effect the
necessary changes requested; provided that, if such project is related to or competes with
Permittee's service,or if the effect of such changes would be to permanently deprive Permittee
of the beneficial enjoyment of this Permit for its intended purposes through interference with
the operation of Permittee's utility facilities or otherwise, Permittee shall not be required to
relocate its utility facilities. Unless the matter is governed by a valid contract or a state or
federal law or regulation, or unless the Permittee's utility facilities were not properly installed,
the reasonable cost of the same shall be borne by the Person requesting the protection, support,
temporary disconnection,removal, or relocation at no charge to the County, even if the County
makes the request for such action.
E. The Permittee 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 Permittee that
are the result of the negligence of Mason County, its trustees, officers, employees, contractors,
7
subcontractors or agents while performing County improvement or Public Works projects
enumerated in Section VIII, paragraph B. Direct and actual damages are specifically limited
to physical damage to properly installed and located infrastructure of the Permittee 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 Permittee. Mason
County shall in no way be liable for incidental damages claimed to arise from such actions.
All Work to be performed by the Permittee under this section shall pass the inspection of the
County Engineer. The Permittee 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 permit which may affect any existing monuments or
markers of any nature relating to subdivisions, plats,roads and all other surveys, the Permittee
shall reference all such monuments and markers. The reference points shall be so located that
they will not be disturbed during the Permittee's Work and operations under this Permit. 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 in accordance with RCW 58.24
and WAC 332-120, 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 Permittee.
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 or right-of-way or other County Property
which is subject to rights granted by this Permit and said vacation shall be for the purpose of
acquiring the fee or other property interest in said road or right-of-way for the use of the 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 Permittee,
terminate this Permit 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 Permittee
by reason of such termination. It has been the practice of Mason County to 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.
8
XI. FINANCIAL SECURITY
A. Insurance It is intended that the following insurance requirements shall apply to the
person performing the Work in the road right-of-way. Permittee and Permittee's contractors
shall not perform or cause to be performed any Work, unless and until Permittee (to the extent
Permittee performs any of the Work in the road right-of-way) or its contractors (to the extent
Permittee's contractor performs any of the Work in the road right-of-way) provide certificates
of insurance evidencing that Permittee or Permittee's contractors are in compliance with the
following requirements, including,maintaining insurance in 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 Permit
Area, and shall provide coverage for any and all costs, including defense costs, and losses and
damages resulting from personal injury, bodily injury and death, property damage, products
liability and completed operations arising out of the Work. Coverage must be written with the
following limits of liability:
Bodily and Personal Injury& Property Damage
$ 1,000,000 per Occurrence
$ 2,000,000 aggregate
2 WORKERS'COMPENSATION insurance shall be maintained by Permittee's
contractor to comply with statutory limits for all employees,and in the case any work is sublet,
the contractor shall require its subcontractors similarly to provide workers' compensation
insurance for all the employees.
3. COMPREHENSIVE AUTO LIABILITY insurance shall include owned,
hired, and non-owned vehicles on an occurrence basis with coverage of at least $500,000 per
occurrence.
The required insurance shall be maintained from the time that Work in the road right-of-way
commences until the Work is complete and the utility permit issued for said Work has been
released by the County Engineer, or his or her designee.
If the Permittee or its contractors and subcontractors do not have the required insurance, the
County may require such entities to stop operations until the insurance is obtained and
approved.
Permittee shall, or shall cause its contractors to, file with the application for a utility permit,
certificates of insurance reflecting evidence of the required insurance in a form and content
approved by the County's Risk Manager. All coverage shall be listed on one certificate with
the same expiration dates.
9
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 Work, then, in that event, the Permittee 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 Permit.
The County reserves the right, during the term of the Permit, 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 Permit 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 Permit 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, Permittee shall
give or shall cause its contractors to 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
Permit 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 Permit 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 Permit shall name the
County as an additional insured without limitation,pursuant to an endorsement approved of by
the County's Risk Manager or designee.
Permittee or Permittee'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.
10
B. Contractor Bond. All contractors performing Work on behalf of Permittee shall
be licensed and bonded.
C. Limitation of Liability. to the fullest extent permitted by law, permittee shall, and
shall cause its contractor(s) only as to subsection (9) below, to release, indemnify, defend and
hold harmless the county and the county's legal representatives,officers(elected or appointed),
employees and agents (collectively, "indemnitees") for, from and against any and all claims,
liabilities, fines, penalties, costs, damages, losses, liens, causes of action, suits, demands,
judgments and expenses (including, without limitation, 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 permit;
2. any rights or interests granted pursuant to this permit;
3. permittee's occupation and use of the road right of way;
4. permittee'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 permittee 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 permittee or permittee's agents; or
9. any act or omission of contractor or its employees, agents, or subcontractors
when arising out of the work.
Even if such liabilities arise from or are attributed to, in whole or in part,any negligence of any
indemnitee. The only liabilities with respect to which permittee's obligation to indemnify the
indemnitees does not apply are liabilities to the extent proximately caused by the sole
negligence or intentional misconduct of an indemnitee or for liabilities that by law the
indemniteees cannot be indemnified for.
Upon written notice from the county,permittee 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 permit for which permittee has an obligation to assume liability for and/or save and hold
11
harmless any indemnitee. Permittee shall pay all costs 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. Permittee 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 permittee's failure to satisfy said judgment
within the ninety(90) day period, this permit shall at once cease and terminate and the county
of mason shall have a lien upon permittee's utility facilities and all other facilities used in the
construction, operation and maintenance of the permittee's utility system which may be
enforced against the property for the full amount of any such judgment so taken against any of
the indemnitees
Acceptance by the County of any Work performed by the Permittee at the time of completion
shall not be grounds for avoidance of this covenant.
XII. PERMIT NONEXCLUSIVE
This Permit shall not be deemed to be an exclusive Permit. It shall in no manner prohibit the
County of Mason from granting rights to other utilities under, along, across, over and upon any
of the County roads, rights-of-way or other County property subject to this Permit 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.
XIII. SUCCESSORS AND ASSIGNS
All the provisions, conditions, regulations and requirements herein contained shall be binding
upon the successors and assigns of the Permittee and all privileges, as well as all obligations
and liability of the Permittee, shall inure to its successors and assigns equally as if they were
specifically mentioned wherever the Permittee is mentioned. Any reference in this Permit 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 Permit or under law.
XIV. TRANSFER/ASSIGNMENT
Permittee may assign or transfer this Permit by contacting the County of Mason to obtain an
Assignment Agreement. The Agreement must be signed and delivered back to the County of
Mason. Assignees shall thereafter be responsible for all obligations of Permittee with respect
to the Permit and guaranteeing performance under the terms and conditions of the Permit and
that transferee will be bound by all the conditions of the Permit and will assume all the
obligations of its predecessor. Such an assignment shall relieve the Permittee of any further
obligations under the Permit, including any obligations not fulfilled by Permittee's assignee;
provided that, the assignment shall not in any respect relieve the Permittee, or any of its
successors in interest, of responsibility for acts or omissions, known or unknown, or the
12
consequences thereof, which acts or omissions occur prior to the time of the assignment. No
Permit may be assigned or transferred without filing or establishing with the county the
insurance certificates, security fund and performance bond as may be required pursuant to this
Permit.
XV. ANNEXATION
Whenever any of the County road rights-of-way or other county property as designated in this
Permit,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; then, except to the extent allowed
by law, this Permit shall terminate in respect to the said roads, rights-of-way or other county
property so included with city or town limits; but this Permit shall continue in force and effect
to all county road rights-of-way or other county property not so included in city or town limits.
XVI. TERM/TERMINATION/REMEDIES
A. Term. This Permit shall commence upon acceptance by the Permittee as provided
at Section XVIII herein and continue in PERPETUITY until terminated or otherwise
superseded by a subsequent franchise, private line utility occupancy permit, master road use
permit or other agreement of the Parties. In the event that it is determined by a court of
competent jurisdiction that, as a matter or law, the term provided for herein is unlawful, this
Permit shall be deemed to have a term for the maximum period allowed by law, and if no such
maximum period is readily and easily capable of being identified, for a term of not longer than
fifty(50) years.
B. Termination by County. Permittee has elected to obtain a Permit in lieu of a
franchise agreement. Permittee understands and agrees that,unlike a franchise,this Permit may
be terminated by the County with or without cause. This means that the County is not required
to have or provide a reason for the termination and that the County may terminate this Permit
in its sole discretion without penalty to the County and regardless of whether or not Permittee
is or is not in default; provided that,the County may not terminate this Permit for a reason that
is unlawful. The Parties agree that the only condition of termination by the County of this
Permit is that the County must give not less than ninety(90)days written notice to the Permittee
of termination. The County Engineer is authorized to exercise the right of the County to
terminate this Permit.
C. Termination upon Transfer/Assignment/Conveyance. This Permit shall
automatically terminate upon: (1)assignment of the Permit without the prior written consent of
the County in substantially the form of an Assignment Agreement (obtained by request), (2)
transfer of the utility facilities located with the Permit Area without prior written notice to the
County and mutual acceptance of an assignment of the Permit, (3) conveyance of the real
property or any part thereof benefited by the installation and operation of the utility facilities
without prior written notice to the County and mutual acceptance of an assignment of the
Permit,or(4)use of the utility facilities for the benefit of persons other than the owner/operator
in a manner that no longer constitutes a de-minimis use of the road right-of-way.
13
D. Termination upon Removal of Utility Facilities. This Permit and all of the rights,
duties and obligations contained herein, shall terminate upon removal of all Permittee utility
facilities from the road right-of-way or abandonment and de-commissioning in place to the
reasonable satisfaction of and in the manner approved by the County Engineer and restoration
of the road right-of way to the satisfaction of the County Engineer.
E. Effect of Termination. On or before the effective date of termination or as otherwise
mutually agreed to by the Parties, Permittee shall remove its utility facilities from the road
rights-of-way and restore the road rights-of-way to the reasonable satisfaction of the County
Engineer. In lieu of removal, the County Engineer may authorize abandonment in place and
de-commissioning of the utility facilities in the manner approved by and to the reasonable
satisfaction of the County Engineer. In the event that the Permittee fails to timely and
completely perform such work, the County may perform or complete such work at the cost of
the Permittee and Permittee shall be obligated to reimburse the County for such work within 30
days of invoice by the County.
F. Remedies. In addition to the right of the County to terminate this Permit,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 Permittee or its agents to keep, observe
or perform any of Permittee's or its agent's duties or obligations under this Permit:
1. Damages. Permittee 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 Permittee under this Permit without any requirement to prove or
establish that County does not have an adequate remedy at law. Permittee hereby waives the
requirement of any such proof and acknowledges that County would not have an adequate
remedy at law for Permittee'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 Permit agreement without, in either case,
being required to prove or establish that County does not have an adequate remedy at law.
Permittee hereby waives the requirement of any such proof and acknowledges that County
would not have an adequate remedy at law for Permittee's commission of an Event of Default
hereunder.
4. Alternative Remedies. Neither the existence of other remedies identified in
this Permit 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 Permittee
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.
14
XVII. SUBSEQUENT ACTION
The County reserves for itself the right at any time upon ninety (90) days written notice to the
Permittee, 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.
XVIII. ACCEPTANCE
Permittee shall execute and return to County a signed acceptance of the Permit granted
hereunder. The acceptance shall be in the form of the acceptance attached hereto as Exhibit
"A", and in accepting the Permit, Permittee warrants that it has carefully read the terms and
conditions of this Permit and accepts all of the terms and conditions of this Permit 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 or an opportunity to have assistance of
counsel, that it was not induced to accept a Permit, that this Permit represents the entire
agreement between the Permittee and the County. In the event the Permittee fails to submit the
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. RECORDING OF MEMORANDUM OF PERMIT
The Parties agree that a"Memorandum of Permit" in substantially the form attached hereto as
Exhibit"A", shall be filed for record with the Office of the Mason County Auditor upon written
acceptance by the Permittee. The cost and expense of such filing shall be borne by the Permittee
if not already included in the fee for issuance of this Permit. Notwithstanding the foregoing,
this Permit is not intended nor shall it be construed to create an interest in land or constitute the
grant or conveyance of a real property interest by the County to the Permittee. The requirements
of this Section XIX are intended solely to provide notice of the existence of this Permit and the
terms and conditions there under, including inter-alia, the limitations upon assignment of the
Permit. Permittee shall at the time of its acceptance of this Permit identify the assessor's tax
identification
number of the parcel or parcels benefited by this Permit and a legal description of each such
parcel to be included in the Memorandum of Permit.
XX. MISCELLANEOUS PROVISIONS
A. Controlling Law/Venue. Any disputes concerning the application or interpretation
of any of the provisions of this Permit shall be governed by the laws of the State of Washington.
Venue of any action or arbitration brought under this Permit 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.
15
B. Liens. Permittee shall promptly pay and discharge any and all liens arising out of any Work
done, suffered or permitted to be done by Permittee on any Permit area.
C. Waiver. No waiver by either party of any provision of this Permit shall in any way
impair the right of such party to enforce that provision for any subsequent breach, or either
parry's right to enforce all other provisions of this Permit.
D. Attorney's Fees. If any action at law or in equity is necessary to enforce or interpret
the terms of this Permit, 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 Permit may be amended only by a written contract signed by
authorized representatives of Permittee and County of Mason.
F. Severability. If any provision of this Permit is held to be illegal, invalid or
unenforceable under present or future laws, such provision will be fully severable and this
Permit 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 Permit, 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. Permittee acknowledges that, in any case in which
Permittee and Permittee's contractors are responsible under the terms of this Permit, such
responsibility is joint and several as between Permittee and any such Permittee's contractors;
provided that, the Permittee 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
Permit 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 no less than thirty(30) days'advance written notice of such change in address.
Permittee: Robert& Shannon Durbin
PO BOX 2843
Belfair,WA 98528
Attn: Robert& Shannon Durbin
Grantor: Mason County Public Works
100 W Public Works Drive
Shelton, WA 98584
16
I. Approvals. Nothing in this Permit shall be deemed to impose any duty or obligation
upon the County to determine the adequacy or sufficiency of Permittee's plans and
specifications or to ascertain whether Permittee's proposed or actual construction, installation,
testing, maintenance, repairs, replacement, relocation, adjustment or removal is adequate or
sufficient or in conformance with the plans and specifications reviewed by the County. No
approval given, inspection made, review or supervision performed by the County pursuant to
this Permit shall constitute or be construed as a representation or warranty express or implied
by County that such item approved, inspected, or supervised, complies with laws, rules
regulations or ordinances or this Permit 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's rights as the owner and 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 permit area for construction,
maintenance, or repair of the utility facilities, or any obligation on the part of the County to
insure that work or materials are in compliance with any requirements imposed by a
governmental entity. County is under no obligation or duty to supervise the design,
construction,installation,relocation,adjustment,realignment,maintenance,repair,or operation
of the utility facilities.
J. Force Majeure. Neither Party hereto shall be liable to the other Party for any failure
to perform an obligation set forth herein to the extent such failure is caused by war, act of
terrorism or an act of God, provided that such Party has made and is making all reasonable
efforts to perform such obligation and minimize any and all resulting loss or damage.
K. Construction. All pronouns and any variations thereof shall be deemed to refer to
the masculine, feminine or neuter, singular or plural, as the identity of the Party or Parties may
require. The provisions of this Permit 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 Permit.
L. Incorporation by Reference. All exhibits annexed hereto at the time of execution of
this Permit 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.
17
N. Entire Agreement. This Permit is the full and complete agreement of County and
Permittee with respect to all matters covered herein and all matters related to the use of the
Permit Area by Permittee and Permittee's Contractors, and this Permit supersedes any and all
other agreements of the Parties hereto with respect to all such matters, including, without
limitation, all agreements evidencing the Permit.
O. No Recourse. Without limiting such immunities as the County or other persons may
have under applicable law, Permittee 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 Permit or other applicable
law.
P. Responsibility for Costs. Except as expressly provided otherwise, any act that
Permittee is required to perform under this Permit shall be performed at its cost. If Permittee
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 Permittee. The Permittee shall pay the amounts
billed within 30 days.
Q. Work of Contractors and Subcontractors. Work by contractors and subcontractors
are subject to the same restrictions, limitations, and conditions as if the Work was performed
by the Permittee. The Permittee 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 Permit, 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 Permittee's responsibility to ensure that contractors,
subcontractors, or other Persons performing work on the Permittee's behalf are familiar with
the requirements of the Permit,Title 12 MCC,the Manual,and other applicable laws governing
the work performed by them and further, for ensuring that such contractors and subcontractors
maintain insurance as required herein.
R. Survival of Terms. Upon the termination of the Permit,the Permittee shall no longer
have the right to occupy the Permit area. However, the Permittee's obligations under this
Permit to the County shall survive the termination of these rights according to its terms for so
long as the Permittee's utility facilities shall remain in whole or in part in the road rights-of-
way, except to the extent the County Engineer has approved abandonment in place. By way of
illustration and not limitation, Permittee's obligations to indemnify, defend and hold harmless
the County, provide insurance and a performance/payment bond pursuant to Section XI and
Permittee's obligation to relocate its utility facilities pursuant to Section VIII, shall continue in
effect as to the Permittee, notwithstanding any termination of the Permit, 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 facilities or for the
relevant acts or omissions.
18
i
I
i
DATED at Shelton,Washington this day of ,20
i APPROVED: BOARD OF COMMISSIONERS
MASON COUNTY, WASHINGTON
E ,
unty Engineer Chair
Approved as to form:
i
j Vice Chair
i Chief
Commissioner
i
}
i
i
t
I
19
RECORDED AT THE REQUEST OF
AND AFTER RECORDING RETURN TO:
County of Mason
100 West Public Works Drive
Shelton WA 98584
Attn: County Engineer
EXHIBIT"A"
MEMORANDUM OF PERMIT
Title: Private Line Occupancy Permit
Grantor: COUNTY OF MASON, a legal subdivision of the state of Washington
Grantee: ROBERT& SHANNON DURBIN
Description of Franchise Area: SEE EXHIBIT A-4
A-1
ACCEPTANCE OF PERMIT
Private Line Utility Occupancy Permit effective , 20
I/We, am/our the of parcel(s)
and I/we am/are the(Operator and) or(representative
authorized to) accept Permit on behalf of I/we certify that this
Permit and all terms and conditions thereof are accepted by without
qualification or reservation and guarantee performance hereunder. I/We certify that,to the
best of my/our knowledge,the assessor's tax identification number of the parcel or parcels
benefited by this Permit and a legal description of each such parcel are as described in the
attached exhibit.
DATED this day of , 20
PERMITTEE(S)
By:
Title:
STATE OF )
)ss.
COUNTY OF )
I certify that I know or have satisfactory evidence that is
the person who appeared before me, and said person acknowledged that he/she signed this instrument, on
oath stated that he/she was authorized to execute the instrument and acknowledged it as the
of the to be the free and
voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated:
Notary Public
Print Name
My commission expires
A-2
4
MEMORANDUM OF PRIVATE LINE UTILITY OCCUPANCY PERMIT
THIS MEMORANDUM OF PERMIT is dated as of the_day of ,2021
between the County of Mason,a legal subdivision of the state of Washington("County")and
Robert&Shannon Durbin(Permittee).
1. Property. County has, pursuant to Private Line Utility Occupancy Permit
granted to Permittee, the right,revocable at the will of the County, to use and occupy certain
road rights-of-way for the construction,installation,adjustment,maintenance,removal,repair,
relocation and operation of Permittee's utility facilities for the benefit of the herein described
Property, upon the terms and conditions of that certain permit agreement between the parties
accepted the day of ,2021 (the"Permit"),which terms and conditions are
incorporated herein by this reference. The property to be benefited by this permit is situated in
the Mason County, Washington, legally described in Exhibit A attached hereto (herein called
the"Property"). The road right-of-way permit area("Permit Area")is also described in attached
Exhibit A.
2. Term. The term of the Permit is in perpetuity unless terminated.
3. Termination. County in its sole discretion may terminate all or part of the Permit
with or without cause upon no less than ninety (90) days written notice to the Permittee.
Further, this Permit will automatically terminate upon assignment without the prior written
consent of the County,or upon transfer of the Property without the prior written consent of the
County to an assignment of the Permit or upon transfer of all or part of the utility facilities
located in the Permit Area without the prior written consent of the County to an assignment of
the Permit.
4. Purpose of Memorandum of Permit. This memorandum of permit is prepared
for the purpose of recordation and notice and in no way modifies the Permit and is in no way
intended to or should be construed to create or convey an interest in land or the road right-of-
way.
DATED this _day of 1 � ,2021.
CO Y OF MASON
,t�
C ty Engin er
Approved as to form:
-C f A:
A-3
FORM OF MEMORANDUM OF PERMIT
Description of Permit Area -
6
Exhibit Map 9661 NE North Shore Rd. Durbin's PLO
N ° \
3 2451010 3
O '00te
32 2451010
322 4510190
9661 NE NORTH SHORE RD
3 2451010 2
9681 N R H SHORE D
c 3222 10190
2 2192060 0
Waterline Septic Transport Line
B-1
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Mike Collins P.E, PLS, County Engineer Action Agenda
DEPARTMENT: Public Works EXT: 450
COMMISSION MEETING DATE: Aril 13 2021 A enda Item #
BRIEFING DATE: Aril 5 2021
BRIEFING PRESENTED BY: Mike Collins
[ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency
ITEM: Set Hearing to Amend
2021 Annual Construction Program and 2021 — 2026 6-Year TIP
BACKGROUND:
Mason County adopted the 2021 Annual Construction program and 2021- 2026 Six-Year
Transportation Improvement Program (TIP) on November 3, 2020.
At this time, Public Works is recommending to amend both the 2021 Annual Construction Program
and the Six-year Transportation Program for each of the following projects:
• ITEM#3 Boyer Road Resurfacing em ect MP 0.00 to 0.50
Currently $168,900 is budgeted for grading, re-graveling and chip sealing the Boyer gravel road.
After consultation with CRAB staff we only need to report the actual cost of chip sealing the road
surface as county forces work.
Recommending to reduce the budgeted amount to reflect the following:
$0 PE; $0 Right of Way; $0 Contract; $50,000 County Forces construction for a total of $50,000
(County Road fund; other funds $0).
• ITEM#4 Snider Road Resurfacing Project MP 0.00 to 0.12
Currently $94,700 is budgeted for grading, re-graveling and chip sealing the Snider gravel road.
After consultation with CRAB staff we only need to report the actual cost of chip sealing the road
surface as county forces work.
Recommending to reduce the budgeted amount to reflect the following:
$0 PE; $0 Right of Way; $0 Contract; $40,000 County Forces construction for a total of$40,000
(County Road fund $40,000; other funds $0).
• ITEM#5 Sunny Slope Road Resurfacing ft ect MP 0.00 to ass
Currently $222,700 is budgeted for grading, re-graveling and chip sealing the Sunny Slope gravel
road. After consultation with CRAB staff we only need to report the actual cost of chip sealing the
road surface as county forces work.
Recommending to reduce the budgeted amount to reflect the following:
$0 PE; $0 Right of Way; $0 Contract; $50,000 County Forces construction for a total of$50,000
(County Road fund $50,000; other funds $0).
ITEM#10 uncle Johns Upper Culvert MP a64
Currently there is PE (engineering) and right of way funding for 2021 thru FBRB (RCO). RCO has
recently authorized construction funding for reimbursement in 2021.
Recommending constructing this project this summer by contract and update the
j budgeted amount to reflect the following:
$35,000 for PE; $15,000 right of way; $444,475 Contract for a total of $494,475 (County Road
Fund $74,171: other funds FBRB (RCO) funds $420,304).
• ITEM#12 Dayton Creek Culvert Replacement MP a33
Currently there is PE (engineering) and right of way funding for 2021 through FBRB (RCO). RCO
funding for construction was recently authorize.
Recommending constructing this project this summer with county forces and updating
the budgeted amount to reflect the following:
$35,000 for PE; $15,000 right of way; $444,475 County Forces construction for a total of $494,475
(County Road Fund $74,171: other funds FBRB (RCO) funds $420,304).
• ITEM#15 Shelton Matlock Culvert Replacement MP 8.00 to 8.10
Currently $432,000 if funded through the 2015 Rural Arterial Program with a local match of
$68,000 for a total $500,000. (which are the maximum funds from RAP for a drainage structure).
The existing pipe is 42"diameter concrete; WDFW requires a 30'wide structure. The estimated
construction of this structure is $1,200,000 which would require additional $700,000 of local funds.
The adjacent property owner refuses to sell the County additional right of way needed to construct
this project. Although considered a fish barrier the barrel of the existing concrete pipe is straight
and clear. If the existing pipe were to fail there would be a potential to lose the road section but
no houses would flood.
Recommending to return the RAP grant funding and revisit the culvert replacement in
10-years utilizing both RAP and other grant funding. In doing so we will have to pay
back up to $53,000 to the CRAB board for monies previously reimbursed, and update
the budgeted amount to reflect the following:
County Road fund $60,000 and RAP fund $0.
• ITEM#21 Homer Adams Rd Culvert Replacement MP 0.10 to a 20
This culvert replacement project has been on the county's list for replacement for some time. It
was recently discovered it's in dire need of replacement because of deteriorated conditions. The
abrasion of sand and gravel has caused major failure of the flowline (bottom) of the structure. A
12'wide and 20' long section of the flowline (mid length) is missing. Failure of the structure is
imminent.
The existing structure is a 14'x 8' metal pipe arch. WDFW requires a 30'wide structure for
replacement. This creek crossing provides access to over a dozen residents with no other public
access.
Homer Adams Road is FFC 09 (not available for RAP funding) and is currently not high on the
FBRB (RCO) priority list for funding; therefore, will have to be fully funded by county road funds.
Recommending to replace the structure this summer and update the budgeted amount
to reflect the following:
$20,000 for PE; $25,000 for Right of way; $500,000 for County Forces construction for a total of
$545,000 (County Road Fund $645,000: other funds $0).
• ITEM#22 North Shore Great Bend Culvert Replacement MP 16.6 to 16.7
The Great Bend culvert is currently scheduled for construction this summer. The funding is
through RAP, but at this time, CRAB has not approved the construction funds.
Last fall the WDFW approved the installment of a temporary pipe to replace the existing failing
corrugated metal structure. WDFW approved the Hydraulics permit based on the guaranty that the
5'temporary pipe would be replaced with a 20' wide structure within five years.
Recommending the replacement of this structure be moved to 2022, based on above
information and the temporary pipe working perfectly and the budgeted amount to
reflect the following:
$20,000 for PE; $40,000 for Right of way for a total of $60,000 (County Road Fund $60,000: RAP
funds $0).
RECOMMENDED ACTION:
Recommend the Board of Commissioners set a public hearing for May 11, 2021 to amend
the 2021 Annual Construction Program and 2021-2026 Six-Year Transportation
Improvement Program.
ATTACHMENTS:
1. Notice of Public Hearing
2. Amended 2021 Annual Construction Program
3. Amended 2021-2026 6-Year TIP
NOTICE OF HEARINGS
NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will
hold two(2)public hearings in the Commissioners Chambers of Mason County
Courthouse Building I,411 North Fifth Street, Shelton, Washington 98584, on Tuesday,
May 11, 2021,at 9:15am.
SAID HEARINGS will be to consider adopting:
1) Mason County's amended 2021 Annual Construction Program.
2) Mason County's amended Six Year Transportation Improvement Program for years
2021 to 2026.
Pursuant to Proclamation by the Governor 20-28.14, in-person attendance to Commission
meetings is temporarily restricted and during this time we will accept public testimony using
Zoom. The URL is available on the County website ems://www.co.mason.wa.us/to sign
into the meeting. Please use the"raise hand"feature to be recognized by the Chair to provide
your testimony. You can also email testimony to msmith(d�co.mason.wa.us or mail to the
Commissioner's Office,411 N 5th St, Shelton,WA 98584;or call(360)427-9670 ext. 589.
If special accommodations are needed,please contact the Commissioners' office,
(360)427-9670(Shelton), (360)482-5269 (Elma)or(360)275-4467 (Belfair), Ext. 419.
DATED this 1 P day of April, 2021.
BOARD OF COMMISSIONERS
MASON COUNTY, WASHINGTON
McKenzie Smith, Clerk of the Board
Bill: Mason County
Department of Public Works
100 W Public Works Drive
Shelton,WA 98584
cc: Commissioners
Community Development
Public Works
Shelton Journal: Publ.2t:4/22/21&4/29/21
ANNUAL CONSTRUCTION PROGRAM FOR 7021
ADMENDED MARCH 25,2021
TOTAL$'S COUNTY>> MASON
A TOTAL COSTRUCTION DONE-columns(13)♦(14) $ 6,367,625 DATE RECOMMENDED PROG.SUBMITTED
B COMPUTED COUNTY FORCES LIMIT $ 1,270,108 DATE OF FINAL ADOPTION
C TOTAL COUNTY FORCES CONSTRUCTION-(column(14) $ 1,149,475 ORDINANCE/RESOLUTION NO.
DATE OFAMENDMENT
1 (2) J31 1 (4) 5 (6) (7) 1 (8) 1 (9 (10) (11) (12) 13 (14) 1 (15
w c t= o a SOURCES OF FUNDS ESTIMATED EXPENDITURES
k�m
a c t ROAD SEGMENT INFORMATION O w f OTHER FUNDS CONSTRUCTION
o.Z PROTECT NAME 2 N
w N COUNTY PE&CE RIGHT OF WAY GRAND TOTAL
G ROAD PROGRAM COUNTY
i C u o Z a AMOUNT (595.10) (595.20) CONTRACT (ALL 595)
a o- ROAD a ROAD NAME BMP EMP FFC I I
z
01 _ 1 E.Agate Road Resurfacing Project 23910 E.Agate road _:.12
1t::78 07 0,68 D E 42 394,324 Sri, 30,000 0 0 411,866
02 2 Old Belfai Highway Resurfacing Project 98250 DId Belfair Highway 0.2020 07 1.00 D E 57,890 370,919 STP 30,000 0 398,809 0 428,809
03 3 Boyer Road Resurfacing Project 3630 Boyer Road 0.00 '.. 0.50 09 0.50 RC E 50,000! 0 __ 0 0' _ g 50,00 1 _ 50,000
04 4 Snider Road Resurfacing Project 19210 Snider Road 0.00 0.18 09 0,18 RC E 40,000 0 0 0 40,000 40,000
05 5 Sunny Slope Road Resurfacing Project 61950 Sunny Slope Road 0.00 0.55 09 0.55 RC E 50,000 0 0 0 50,000 50,000
06 6 Programmatic Bridge Repair Various 0.00 1 E 65,000 01 10,000 5,000. 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 Othe, E 10,000 0 10,000 { 10,000
09 9 Bear Creek Dewatto Rd Clear Zone 79800 Bear Creek Dewatto Roar 5,20 6.70 08 1,50 G I 333,500 226,500 HSIP 5 000 30,000 525,000 0 560,000
10 10 Uncle Johns Upper Culvert 23500 Agate Loop 0.64 0.64 09 0.00 L,A E 74,171 420,304 FBRB RCO 35,000 15,000 444,475 0 494,475
11 11 Uncle Johns Lower Culvert 23500 Agate Loop 1.02 1.02 09 0,00 L,A I 10,000 50,000 FBRB(RCO) 60,000 0 0 0 60,000
12 12 Dayton Creek Culvert 04450 Highland Road 0.33 0.33 07 0,00 L,A E 74,171 420,304 FBRB(RCO) 35,000 15,0001 0 444,475 494,475
13 13 Harstine Island Polyester Overlay 30000 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 3,000,000
14 14 Clear Zone.Improvements Arcadia,Highland,Matlock,Kamilche 0,00 , G 1 121,5001 1,093,500 HSIP 99000 22,000' _. 1,094,000 0 1,215,000
15 15 Shelton Matlock Rd Culvert Replacement 90100 Shelton Matlock Road 800 _ 8,10 _ 07 0.10 _,A 1 60,000 0 RAP 60,000 0. 0, 0. 60,000
16 16 Belfair Connector-Log Yard Road E New Log yard Road E 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 96500 Romance Hill 09 0.00 A,B,D,G S 100,000 0 50,000 50,0001i7, _ 0 0 100,000
18 18 Skokomish Valley Rd Reconstruction 41640 Skokomish Valley Road 3.80 4.60 08 0.80 A,B,D,G, 1 0; 10,000, FbD 10,000 04 0 0 10,000
19 19 North Shore Rd-Cady Creek Culv..Repl. 70390 North Shore Road 6.90 7.00 08 OAR _A,B,D,G I 5,000 50,000 RAP 55,000 01 0 0 55,000
20 20 North Island Dr Culvert Replacement 39630 North Island Drive 3,46 3.47 07 0.01 L,A 1 6,000 34,000 RAP 40,000. 0': _ 0 0 40,000
21 21 Homer Adams Rd Culvert Replacement 00610 Homer Adams Road 0,10 0.20 09 0,10 L,A 1 545,000 0 20,000 25,0001 0 500,000 545,000
22 22 North Shore Rd-Great Bend Culv.Repl 70390 North Shore Road 16.60 16,70 08 (1 10 L,A 1 10,000 0 RAP 20,0� 40,000h 0 _ 60,000
23 23 Old Belfair Highway 98250 Old Belfair Highway 1.20 160 07 0.40 L,A 1 40,000 10,000 RAP 10 000 40,000 OII 0 _ 50,000
24 24 Trails Road Alternate Route-Rasor Rd 62310 Rasor Road 09 0.00 Other 5 150,000 0 0 150,000__ 0 _ 0 150,000
25 25 WSDOT/County Intersection Feasability 'Johns Prairie/SR3,Clifton,OBH/SR300 Other S 40,0001 0 40,000 40,000
PAGE/PROGRAM TOTALS,CONSTRUCTION - 2,708,774 5,674,851 1,41U 000 441,()1 5,218,150 1,149,411 .,383,625
CRAB FORM H3,MC REVI5ED 4/7/2021
Six Year Transportation Improvement Program
Agency: Mason County From 2021 to 2026
Co.No.: 13 Co.Name:Mason County Hearing Date: 11/3/2020 Adoption Date:
City No. --- MPO/RTPO:Peninsula Amend Date: - Resolution No.:
Project Identification t Project Costs in Thousands of Dollars Federally Funded
76 A. Federal Aid No. B. Bridge No. rn Fund Source Information Expenditure Schedule Project Only
2 p n C. Project Title d — d Federal Funding R/W
r-j 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 o a a Start Fund Cost by Fund State Local Total 1st 2nd 3rd thru Envir Type Date
F. Describe Work to be Done ~ mm/dd/ Code Phase Source Funds Funds Funds 6th Date
1 3 6 8 9 10 it 12 13 14 15 16 17 18 19 20 21
CRP PE 1/1/2021 STP 25.95 4.05 30 151 15
E.Agate Road Resurfacing Project RW
07 1 Rd.No.:23910 0.68 CN 6/1/2021 STP 368.374 57.491 425.865 1 212.9 212.93 E N/A
From: MP 3.10 To: MP 3.78
Total 2021 Project Cost $455,865 TOTALS 394.324 61.541 455.865 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 1994. E N/A
From: MP 0.20 To: MP 1.20
Total 2021 Project Cost $428,808 TOTALS 370.919 57.889 428.808 15 15 199.4 199.4
CRP PE
Boyer Road Resurfacing Project RW
09 3 Rd.No.:03630 0.50 CN 6/1/2021 50 50 50 E N/A
From: MP 0.00 To: MP 0.50
Gravel to Chip Seal
Total 2021 Project Cost S 50,000 TOTALS 50 50 50
CRP PE
Snider Road Resurfacing Project RW
09 4 Rd.No.: 19210 0.18 CN 6/1/2021 40 40 40 E N/A
From: MP 0.00 To: MP 0.18
Gravel to HMA
Total 2021 Project Cost $40,000 TOTALS 40 40 40
CRP PE
Sunny Slope Road Resurfacing Project RW
09 5 Rd.No.: 61950 0.55 CN 6/1/2021 50 50 50 E WA
From: MP 0.00 To: MP 0.55
Gravel to Chip Seal
Total 2021 Project Cost $50,000 TOTALS 50 50 50
07 PE 10 10 10
08 Programmatic Bridge Program RW 5 5 5
09 6 _ CN 50 50 50
17
18
19 Total 2021 Pro act Cost $65,000 TOTALS 65 65 10 5 50
Phase F n /n 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 Improvement Program TAP-Transportation Alternatives Program Emergency Management funds
CN-Construction RATA-Rural Arterial Trust Account FBRB-Brian 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: 11/3/2020 Adoption Date:
City No. --- MPO/RTPO:Peninsula Amend Date: Resolution No.:
Project Identification Project Costs in Thousands of Dollars Federally Funded
is A. Federal Aid No. B. Bridge No. rn Fund Source Information Expenditure Schedule Projects Only
o '"c E C. Project Title d Federal Fundin R/W
O n. = D. Street/Road Name of Number .o L Phase Federal Federal State 4th Required
ii 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 Envir 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 12 13 14 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 85 85 255
17
18
19 Total 2021 Project Cost $100,000 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 Project Cost S 10,000 TOTALS 10 10 10
CRP 2006 PE 1/1/2015 HSIP 4.5 0.5 5 5
Bear Creek Dewatto Road Clear Zone RW 2/l/2021 HSIP 15 15 15
07 g Rd.No.: 79800 1.50 CN 4/1/2021 HSIP 222 318 540 540 DCE 221
From: MP 5.2 To: MP 6.7
Clear Zone Project
Total 2021 Project Cost $560.000 TOTALS HSIP 226.5 333.5 560 560
CRP 2022 PE 12/1/2020 RCO 29 6 35 35
Uncle Johns Upper Culvert RW 2/1/2021 10 5 15 15
09 10 Rd.No.: 23500 CN 7/1/2021 RCO 369.48 75 444.475 430
From: MP 0.64 To: MP 0.64
Replace existing culvert with a new structure
Total 2021 Project Cost $494,475 TOTALS 408.48 86 494.475 35 445
CRP 2023 PE 1211/2020 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/l/2020 RCO 29 6 35 35
Dayton Creek Culvert RW 2/1/2021 10 5 15 15 10
07 12 Rd No.:04450 _ CN 8/1/2021 RCO 369.48 75 444.475 444.5 430
From MP 0.33 To:MP 0.33
Replace existing culvert with a new structure
Total 2021 Project Cost $494,475 TOTALS 408.48 86 494.475 494.51 440
Phase Fund/no 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 Improvement Program TAP-Transportation Alternatives Program Emergency Management funds
CN-Construction RATA-Rural Arterial Trust Account FBRB-Brian Abbot Fish Barrier Removal Board
Page 2 of 6
Six Year Transportation Improvement Program
Agency: Mason County From 2021 to 2026
Co.No.. 13 Co.Name.Mason County Hearing Date: 1113/202O Adoption Date:
City No. --- MPO/RTPO:Peninsula Amend Date: - Resolution No.:
Project Identification t Project Costs in Thousands of Dollars Federally Funded
c A. Federal Aid No. B. Bridge No. rn Fund Source Information Expenditure Schedule Pro ISO OnI
c a C. Project Title J -' Federal FundingR/W
<)a . D. Street/Road Name of Number o L Phase Federal Federal State 4ih Required
Z E. Beginning MP or road-Ending MP or road o a c- Start Fund Cost by Fund State Local Total 1st 2nd 3rd thru Envir 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 12 13 1 14 15 16 17 18 19 20 21
PE 2/1/2021 STPR 730.01 9.99 740 370 370
Harstine Island Polyester Overlay RW
07 13 Rd.No.: 30000 0.10 CN 6/l/2021 1954.9 305.1 2260 753.3 753.3 753.33
From:0.12 To. 0,40
Deck Repair
Total 2021 Project Cost $3,000,000 TOTALS 2684.91 315.09 3000 370 1123 753.3 753.33
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
Total 2021 Project Cost $1,215,000 TOTALS 1093.5 121.5 1215 49.5 71.5 54.7 54.7
CRP 1993 PE 1/1/2019 RATA 60 60 20
Shelton Matlock Road Culvert Replacement RW 9/1/2020 20
07 15 Rd.No.: 90100-Shelton Matlock Road _ CN 7/15Q021 RATA
From: MP 8.00 To: MP 8.10
Replace existing culvert with a new structure
Total 2021 Project Cost $60,000 TOTALS 60 60 20 20
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
Total 2021 Pro Cost $250,000 TOTALS 250 250 250 300
CRP 2019 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
Total 2021 Project Cost $100,000 ITOTALS 100 100 100
PE 1/1/2018 FbD 10 10 10
Skokomish Valley Road Reconstruction RW 1/2/2022
08 18 Rd.No.:41640 0.40 CN 3/1/2023 FLAP 7600 TBD
From: MP 3.8 To: MP 4.6
Road reconstruction partner w/Mason Cons Dist$8M total project cost
Total 2021 Project Cost $10,000 TOTALS 10 10 10 1600
Phase F n In 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 Improvement Program TAP-Transportation Altematives Program Emergency Management funds
CN-Construction RATA-Rural Arterial Trust Account FBRB-Brian Abbot Fish Barrier Removal Board
Page 3 of 6
Six Year Transportation Improvement Program
Agency: Mason County From 2021 to 2026
Co.No.: 13 Co.Name:Mason County Hearing Date: 11/3/2020 Adoption Date:
City No. --- MPO/RTPO:Peninsula Amend Date: - Resolution No.:
Project Identification Project Costs in Thousands of Dollars Federally Funded
m A. Federal Aid No. B. Bridge No. Fund Source Information Expenditure Schedule Pro ects Onl
n C. Project Title d d Federal FundingR/W
n D. Street/Road Name of Number "' Phase Federal Federal State 4th Re wired
�i u o_Z E. Beginning MP or road-Ending MP or road o a`n Start Fund Cost by Fund State Local Total 1st 2 Enyir Type Date
F. Describe Work to be Done ~ mm/dd/ Code Phase Source Funds Funds Funds mm/
1 3 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21
CRP 1995 PE 6/1/2019 RATA 50 5 55 55 20
North Shore Road-Cady Creek Culvert Replacement RW 1/1/2021 20
O8 19 Rd.No.: 70390-North Shore Rd 0,10 CN 7/l/2022 RATA 500
From: MP 6.9 To: MP 7.0
Replace existing culvert with a new structure
Total 2021 Project Cost $55,000 TOTALS 50 5 55 55 40 500
CRP 2011 PE 6/l/2019 RATA 34 6 40 40
North Island Drive Culvert Replacement RW 1/2/2021 20
07 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
Total 2021 Project Cost $40,000 TOTALS 34 6 40 40 20 720
CRP 2001 PE 10/1/2019 20 20 5 15
Homer Adams Road Culvert Replacement RW 3/1/2020 25 25 25
09 21 Rd.No.: 00610 0.10 CN 8/1/2020 500 500 500
From: MP 0.1 To. GIP 0.2
Reconstruction
Total 2021 Project Cost S 545,000 TOTALS 545 545 5 40 500
CRP 2021 PE 3/l/2020 RATA 10 10 20 20
North Shore Road-Great Bend Culvert Replacement RW 1P2/2022 20 20 40 40
08 22 Rd.No.: 70390 0.10 CN 7/1/2024 RATA
From: MP 16.6 To: MP 16.7
Replace existing culvert with a new structure
Total 2021 Project Cost $60,000 TOTALS 30 30 60 40 20
CRP 2020 PE 3/1/2020 RATA 8.5 1.5 10 10 50 50 10
Old Belfair Hwy RW 5/1/2023 100
O8 23 Rd.No.: 98250 0.40 CN 4/1/2024 RATA 1200
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 50 50 1310
Trails Road Alternate Route-Rasor Road PE
Rd.No.62310 RW 9/3/2020 150 150 150 40
24 __ CN
From: MP. To: MP.
ROW acquisition
Total 2020 Project Cost $150,000 TOTALS 150 150 150 40
WSDOT/County Intersection Feasability,Study PE 40 40
Johns Prairie/SR3:Clifton Old Belfair Hwy/SR300 RW 10
07 25 Rd.No.: 0.10 CN 300
From: MP To: MP
Feasability Study
Total 2020 Project Cost $40,000 TOTALS 40 350
Phase Fundina 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 Improvement Program TAP-Transportation Alternatives Program Emergency Management funds
CN-Construction RATA-Rural Arterial Trust Account FBRB-Brian Abbot Fish Barrier Removal Board
Page 4 of 6
Six Year Transportation Improvement Program
Agency Mason County From 2021 to 2026
Co.No 13 Co.Name. Mason County Hearing Date: 11/3l2020 Adoption Date:
City No. --- MPO/RTPO:Peninsula Amend Dale: - Resolution No.:
Project Identification Project Costs in Thousands of Dollars Federally Funded
m A. Federal Aid No. B. Bridge No. a Fund Source Information Expenditure Schedule Projects Only
o "D a C. Project Title Ti d Federal Fundin R/W
r;a i D. Street/Road Name of Number o r Phase Federal Federal State 4th Envir Type Required
LL E. Beginning MP or road-Ending MP or road o o_a Start Fund Cost by Fund State Local Total 1st 2nd 3rd thru Date
F. Describe Work to be Done ~ mm/dd/ Code Phase Source Funds Funds Funds 6th mml
1 3 6 8 9 10 11 12 13 14 1 15 16 17 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 455.4 50.6 506 506 506
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 41 516
Allyn Access,Circulation Easement Acquisition PE 1/2/2021 100 350
Wheelwright,Wade,and Masterson ROW RW 6/1/2022 125
27 Rd.No.:TBD _ CN 6/1/2023 3000
From: MP To: MP
ROW acquisition
Total 2020 Project Cost TOTALS 100 475 3000
PE 1/1/2025 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 TOTALS 1585
Mason Benson Intersection Safety PE 6/1/2021 40
RW 10
30 Rd.No.63010 0.10 CN 300
From:MP 2.5 To:MP 2.6
Improve sight distance
Total 2020 Project Cost TOTALS 350
Phase Fundlna 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 Improvement Program TAP-Transportation Alternatives Program Emergency Management funds
CN-Construction RATA-Rural Arterial Trust Account FBRB-Brian Abbot Fish Barrier Removal Board
Page 5 of 6
Six Year Transportation Improvement Program
Agency: Mason County From 2021 to 2026
Co.No.: 13 Co.Name:Mason County Hearing Date: 11/3/2020 Adoption Date:
City No. --- MPO/RTPO:Peninsula Amend Date: - Resolution No.:
Project Identification Project Costs in Thousands of Dollars Federally Funded
A. Federal Aid No. B. Bridge No. rn Fund Source Information Expenditure Schedule Pro ects Onl
C. Project Title m` U m Federal Fundin R/W
° E§ D. Street/Road Name of Number J Phase Federal Federal State 4th Re wired
U a Z E. Beginning MP or road-Ending MP or road o a`a Start Fund Cost by Fund State Local Total 1st 2nd 3rd thru Envir 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 12 13 1 14 15 161 171 181 19 20 21
PE 6/1/2021 120
Frieght Corridor Trail RW
31 CN
3R Improvement-Resurfacing,Restoration and Rehabilitation E4
Total 2020 Project Cost TOTALS 120
TOTALS 4.00 4770.15 1748.8 2631.7 9150.623 3125 3285 3656 13261
Future Conslderatlons/Wishlist
Completion of Trails road Alternate Route-Rasor Road in phases Log Yard Port of Bremerton Industrial Loop Connectivity Planning
Cloquallum Road MP 4.6 to 5.2 curve realignments Gravel Road Conversions
Cloquallum Road MP 6.6 to 7.2 widening Kelley Hall Road
Shelton Matlock Road MP 15.36 to 16.5 realign pave shoulders Sunny Side Road
Johns Prairie Road add paved shoulders RR tracks to old capital hill rd Eells Hill Road
Guardrail upgrades-Brockdale,McReavy,and Johns Prairie California Road
Terrace Blvd Road and Hwy 101 intersection-partner project with W SDOT Webb Road
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 Fundina BRAC-Bridge Replacement Advisory Committee FBRB-Brian Abbot Fish Barrier Removal
PE-Preliminary Engineering STP-Surface Transportation Program (Now Local Bridge Program) Board FLAP- Federal Lands Access Program
RW-Right of Way HSIP-Highway Safety Improvement Program TP-Transportation Partnerships EM-Federal Emergency Management Act and State
CN-Construction RATA-Rural Arterial Trust Account TAP-Transportation Alternatives Program Emergency Management funds
Page 6 of 6
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Richard Dickinson, Deputy Director/ U&W Management Hearing
DEPARTMENT: Public Works EXT: 652
COMMISSION MEETING DATE: April 13, 2021 Agenda Item #
BRIEFING DATE: April 5, 2021
BRIEFING PRESENTED BY: Richard Dickinson
[ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency
ITEM: Request for Proposals: Biosolid Removal and Disposal
(Sludge Hauling Services)
BACKGROUND:
Wastewater treatment facilities owned and operated by the County (Belfair, North
Bay and Rustlewood Treatment Facilities) require the occasional removal and
disposal of biosolids.
Mason County entered into an agreement with AAA Septic, LLC for hauling and
disposing of biosolids in February 2017. Public Works, U&W Management Division
proposes to advertise a Request for Proposals to procure sludge hauling services for
a period of two years, with the option to renew three additional years.
Each adopted 2021 sewer utility budget includes funds for sludge hauling services.
RECOMMENDED ACTION:
Recommend the Board authorize the Deputy Director, Public Works/Utilities and
Waste Management to advertise a Request for Proposals for the hauling of biosolids
and execute a two-year agreement with a renewal option.
ATTACHMENTS:
1. Notice
2. RFP
Mason County Public Works
Request for Proposals
Sludge Hauling Service
April 13,2021
Mason County is currently requesting proposals for the hauling of accumulated sludge from the County's
Wastewater Treatment Facilities in Belfair,Allyn and Rustlewood to the City of Shelton's Treatment
Plant located at Fairmount Avenue in Shelton,WA. Performance of work in connection with this
operation shall be for a period of two years with up to three additional(1)year automatic renewals.
The Request for Proposals is made available as follows:
Free-of-charge access to the Request for Proposals is provided to Vendors by going
to www.bxwa.com and clicking on "Posted Projects", "Public Works", and "Mason County". This
online plan room provides Bidders with fully usable online documents with the ability to: download,
view,print,order full/partial plan sets from numerous reprographic sources,and a free online
digitizer/take-off tool. It is recommended that Bidders"Register" in order to receive automatic e-
mail notification of future addenda and to place themselves on the"Self-Registered Bidders
List". Bidders that do not register will not be automatically notified of addenda and will need to
periodically check the on-line plan room for addenda issued on this project. Contact Builders
Exchange of Washington at(425)258-1303 should you require assistance with access or registration.
Mason County,in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252,42
U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations,Department of Transportation,
Subtitle A, Office of the Secretary,Part 21,nondiscrimination in federally assisted programs of the
Department of Transportation issued pursuant to such Act,hereby notifies all bidders that it will
affirmatively insure that in any contract entered into pursuant to this advertisement,disadvantaged
business enterprises will be afforded full opportunity to submit bids in response to this invitation and
will not be discriminated against on the grounds of race,color,or national origin in consideration for
an award.
Questions regarding the RFP or special language services shall be sent via email to
rdickinsonQco.mason.wa.us. The Mason County contact will also receive written requests for
clarification and/or interpretation for this Request for Proposal up to seven(7)business days prior to
the due date.
PUBLISH: 2-Times—Shelton-Mason County Journal 4/22/21 &4/29/21
Jlegalsna,masoncounty.com
2-Times—Kitsap Sun 4/22/21 &4/29/21
2-Times—Daily Journal of Commerce 4/22/21&4/29/21
leQals(i4djc.com
Bill: Mason County
Department of Public Works—U&W Management
100 W Public Works Drive
Shelton,WA 98584
COUNTY OF MASON
DEPARTMENT OF PUBLIC WORKS
REQUEST FOR PROPOSALS
SLUDGE HAULING SERVICES
April 13,2021
Proposal
Mason County is currently requesting proposals for the hauling of accumulated sludge from the County's
Wastewater Treatment Facilities in Belfair,Allyn and Rustlewood;transporting sludge to the City of Shelton's
Treatment Plant located at Fairmount Avenue in Shelton,Washington.ADDITIONAL TRANSPORTING SITES
MAY BE INCLUDED IN THIS CONTRACT although that is not anticipated.
The Contractor shall provide all equipment,materials,supplies and labor to successfully carry out the requirements
of this service agreement.The cost and availability are important considerations in the process of selecting a
Contractor,but not the only considerations.Other factors include:responsiveness to the RFP qualifications,track
record of successes at other municipalities,identification and understanding of the County's requirements as
embodied within this RFP,and experience and qualifications of key personnel.
Background and Need
Mason County is responsible for the maintenance and operation of three wastewater treatment facilities;the Belfair
WRF(Belfair),the Rustlewood WTP(Grapeview)and the North Bay/Case Inlet WRF(Allyn).These facilities need
routine hauling of sludge to keep the systems operating effectively. The solids percentage at each of these facilities
is expected to be between 1—4%. In 2019 Mason County hauled 4794,853 gallons of sludge. In 2020 Mason
County hauled 527,319 gallons of sludge. The sludge will be delivered to the City of Shelton treatment facility and
processed into Class A biosolids.
The truck tanks used to haul sludge will be rinsed out prior to taking any sludge from a Mason County facility. The
tanks shall not have any inorganic non-biodegradable items like paper,band-aids,clothing material,or plastics in
them prior to accepting sludge from a Mason County Facility.
Requirements
The original proposal(of no more than 6 pages)and four(4)copies must be submitted to Public Works in a sealed
envelope by 4:00 p.m.on May 6,2021 and clearly marked:Sludge Hauling Services. Proposals should be delivered
to:
Mason County Public Works
Attn:Richard Dickinson
100 W Public Works Drive,Bldg 1
Shelton,WA 98584
Proposals received after the deadline will not be considered.Any proposal received,after the scheduled closing time,
shall be returned to the vendor unopened.Proposals may be sent by mail or turned in personally;however,if sent by
mail,the responsibility for delivering a proposal to the County before the deadline is wholly upon the vendor.
A vendor may not withdraw its proposal after it is formally opened by a representative from the County.
Vendor shall provide a cost per gallon for the hauling of sludge from each facility to the Shelton Treatment Plant.
Vendor shall include in its proposal all applicable local,city,state and federal taxes.It is the vendor's obligation to
state,on their proposal sheet,the correct percentage and total applicable federal,state,city and local taxes. Taxes
shall not be imbedded in other costs in the proposal but shall be explicitly expressed.
The cost per gallon will not include the dumping fee. The County will pay the City of Shelton directly for the cost of
processing sludge from County facilities. Any costs to the Vendor to rinse out Vendor trucks prior to receiving the
sludge will be included in the bid price per gallon. This contract is subject to state prevailing wage requirements and
Vendor must pay prevailing wages for all employees working on this job.
Page 1 of 8
Costs
Those submitting proposals do so entirely at their expense.There is no expressed or implied obligation by the Mason
County to reimburse any individual or firm for any costs incurred in preparing or submitting proposals,providing
additional information when requested by the Mason County,or for participating in any selection interviews.
Inquiries
Vendors with questions about the proposal or needs language services may contact Richard Dickinson at(360)427-
9670,ext.652,or by email at rdickinsonaa,co.mason.wa.us. The Mason County contact will also receive written
requests for clarification and/or interpretation for this Request for Proposal up to seven(7)business days prior to the
due date.
Proposed Schedule
Publish RFP....................................... April 22,2021 &April 29,2021
Proposal Due .....................................Thursday,May 13,2021 at 4 PM
Anticipated Award Announcement............ Tuesday May 24,2021
Anticipated Contract Start Date................Wednesday June 1,2021
Proposal Format
In order to thoroughly analyze the responses to the RFP,vendors are required to prepare their proposals in
accordance with the instructions outlined in this section.Vendors whose proposals deviate from these instructions
may be considered non-responsive and may be disqualified at the discretion of Mason County.
Vendors must present their products,services and applicable features in a clear and concise manner that
demonstrates the vendors' capabilities to satisfy the requirements of this RFP.Emphasis should be concentrated on
accuracy,clarity,comprehensiveness and ease of identifying pertinent information and suitability of the product and
services.The proposal should be organized into the following major sections.Instructions relative to each section are
defined in Proposal Requirements.
Letter of Transmittal
Vendor Profile
Bid Proposal"Attachment#1"
Statement of Intent to Pay Prevailing Wage as applicable
Client References
Mason County hereby notifies all parties that it will affirmatively insure that in any contract agreement entered into
pursuant to this advertisement,minority business enterprises will be afforded full opportunity to submit bids in
response to this invitation,and will not be discriminated against on the grounds of race,color,sex,or national origin
or sex in consideration for an award.
Agreement for hauling of sludge will be for a period beginning upon approval of the applicable contract agreement
by the Public Works Department and expiring two years from that date,with three(3)one-year automatic renewals if
there are no cost changes or request to terminate.If the contractor requests cost changes it must be approved by the
Board and be in writing 60-days before the two-year agreement or renewal meets the expiration date,at that current
time.
The Contractor whose proposal is accepted shall provide the necessary Performance Bond and Liability
Insurance prior to contract agreement approval. The Contractor shall also provide trip tickets
demonstrating volumes hauled per trip. Such trip tickets shall be submitted to the County with each invoice
submittal by the Contractor.
The Contractor shall also provide a Statement of Intent to Pay Prevailing Wages if required.
Page 2 of 8
PROPOSAL REQUIREMENTS
Vendor Profile
Please provide a vendor profile that indicates the number of staff,year's established and key personnel.In addition,
please provide relevant experience of your firm in performing similar work.
Bid Proposal(Attachment"M
The contract award will be based on the cost per gallon to Mason County for hauling of sludge including all
applicable taxes.
Client References
Please provide a list of at least three municipalities or wastewater utilities that use your services that are comparable
in size and scope to this request.Please include names and phone numbers of responsible individuals who can be
contacted.
Performance Bond
The Proposer shall provide Mason County with a Performance Bond or Letter of Credit from a bank or other
approved financial institution in an amount of$10,000.00. Said Bond or Letter of Credit shall be furnished to Mason
County on or before the effective date of this agreement,and shall be subject to the approval of the Mason County
Prosecuting Attorney.
Wastewater Facility Locations
Services shall be hauled from the following locations:
Belfair WRF North Bay/Case Inlet WRF Rustlewood WWTP
25200 NE SR 3 1001 E Reclamation Ridge Rd. 111 E Rustle Way
Belfair,WA 98528 Allyn,WA 98524 Grapeview,WA 98546
Method of Payment
Payment will be made within 30 days of receipt of invoice delivery to the County,assuming the services provided
were accepted and that proper and correct billing has been received by the Mason County Department of Public
Works/Utilities&Waste Management(100 W Public Works Drive,Shelton,WA 98584)before the 5th of each
month.
Mason County,in accordance with Title VI of the Civil Rights Act of 1964
78 Stat.252,42 U.S.C.2000d to 2000d-4 and Title 49,Code of Federal Regulations,Department of Transportation,
Subtitle A,Office of the Secretary,Part 21,nondiscrimination in federally assisted programs of the Department of
Transportation issued pursuant to such Act,hereby notifies all bidders that it will affirmatively insure that in any
contract entered into pursuant to this advertisement,disadvantaged business enterprises will be afforded full
opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race,
color,or national origin in consideration for an award.
Regulation Compliance Requirements
All materials handling including handling,transportation,storage,deposition,disposal,and utilization will be subject
to current state and county regulatory codes. All activities will be conducted in accordance with applicable codes
and their intent to prevent illegal handling and disposal practices,and the resulting contamination from the same,
vector breeding,hazardous materials handling,and aesthetic and other public nuisances.
Insurance
At a minimum,the Contractor shall provide insurance that meets or exceeds the requirements detailed in
"Attachment#2,Insurance Requirements."
Equipment Inspections
The County shall have the right to conduct an on-site inspection of the Contractor's equipment prior to award.
Page 3 of 8
Evaluation Criteria
Mason County requires a vendor that is responsive. Please include in your proposal the following:
1. Relevant Experience of your firm in performing similar work
2. Schedule Availability
3. Costs of providing the services
4. Outline of intended data reporting procedures for collection
5. References
Final Ranking and Selection
A committee will make a recommendation for the award of the contract to the vendor whose proposal is determined
to be the most suitable for the County,considering all the criteria as set forth in this Request for Proposal.
Discussions: Best and Final Proposer
The Committee reserves the right to recommend a vendor for contract award based exclusively upon the written
proposal,without further discussions.Should the Committee determine that further discussions would be in the best
interest of the County,the Committee shall establish procedures and schedules for conducting discussions and/or
presentations and will notify specific vendors.When in the best interest of the County,the Committee may permit all
qualified vendors,those who meet the mandatory criteria,to revise their proposals by submitting"best and final"
Proposal.
Resection of Proposal
Mason County reserves the right to reject any and or all proposals,and waive any informality in proposals.
Service Agreement Structure
A negotiated Service Agreement will define the relationship between the County and the selected Contractor. The
initial Agreement will be for a period of 24 months with(3)one-year automatic renewals at the end of the 24 months,
unless either party gives the other written notice of termination or cost changes at least 60-days prior to the end of
the relevant term.Any negotiation of pricing in one of the renewal terms would require an agreement amendment
and approval by the Board.A renewal will not be for less than yearly increments. The Agreement will include
specific guarantees and stipulations to be met by the selected Contractor and the County.
Page 4 of 8
ATTACHMENT#1
BID PROPOSAL TO
MASON COUNTY
DEPARTMENT OF UTILITIES AND WASTE MANAGEMENT
TO PROVIDE
SLUDGE HAULING SERVICES
Furnish Sludge Hauling Services to the Mason County Department of Public Works as described in the proposal
information. Service shall be between the Belfair Wastewater Reclamation Facility located in Belfair,WA,the
North Bay/Case Inlet Wastewater Treatment Facility located in Allyn,WA and the Rustlewood Water and
Wastewater Treatment Facility,located in Grapeview,WA.
BID:
Hauling sludge in compliance with the attached Provisions.
Initial delivery of service shall be within thirty working days after receiving a notice to proceed.
Belfair Water Reclamation Facility
Bid price: cost per gallon $
Sales Tax(cost per gallon) $
North Bay/Case Inlet Water Reclamation Facility
Bid price: cost per gallon $
Sales Tax(cost per gallon) $
Rustlewood Wastewater Treatment Plant
Bid price: cost per gallon $
Sales Tax(cost per gallon) $
Bidder's Service Facility is located at:
Company: Phone:
Address: Email:
Submitted by:
Signature
Printed Name and Title
NOTE: Should the Grand Total Amount exceed the budget for this project,the County reserves the right to decrease
the work or make other changes in the work as necessary.Mason County will incorporate the bid proposal as part of
the Contract Agreement.
Page 5 of 8
ATTACHMENT#2
INSURANCE REQUIREMENT
For the duration of this Agreement the Contractor shall maintain in effect all insurance as required herein and comply
with all limits,terms and conditions stated therein. Work under this Agreement shall not commence until evidence
of all required insurance and bonding is provided to the County. Evidence of such insurance shall consist of a
completed copy of the Certificate of Insurance signed by the insurance agent for the Contractor and returned to the
Mason County Deputy Director of Utilities/Waste Management. If for any reason,any material change in the
coverage occurs during the course of this Agreement;such change will not become effective until 45 days after
Mason County receives written notice of such change. The policy shall be endorsed and the certificate shall reflect
that Mason County is an additional insured on the Contractor's general liability policy with respect to activities under
this Agreement. The policy shall provide and the certificate reflect that the insurance afforded applies separately to
each insured against whom a claim is made or suit is brought except with respect to limits of the company's liability.
It is the responsibility of the Contractor to provide fire insurance for any equipment used by the Contractor. This fire
insurance shall cover the entire replacement value of the equipment insured.
A.MINIMUM Insurance Requirements:
1. Commercial General Liability Insurance using Insurance Services Office"Commercial General Liability"policy
form CG 00 01,with an edition date prior to 2004,or the exact equivalent.Coverage for an additional insured
shall not be limited to its vicarious liability.Defense costs must be paid in addition to limits.Limits shall be no
less than two million dollars($2,000,000)per occurrence for all covered losses and no less than five million
dollars($5,000,000)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 the Contractors,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 five million dollars($5,000,000)per accident,
combined single limit.If Contractor owns no vehicles,this requirement may be satisfied by a non-owned auto
endorsement to the general liability policy described above.If Contractor or the Contractor's employees will use
personal autos in any way on this project,Contractor shall obtain evidence of personal auto liability coverage for
each such person.
4. Contractor's Pollution Liability Insurance shall be written with limits not less than five million dollars
($5,000,000)combined single limit per occurrence for bodily injury,personal injury,property damage,cleanup
costs and legal defense expenses.
5. Umbrella or excess liability policies shall provide coverage at least as broad as specified for underlying
coverages and covering those insured in the underlying policies.Coverage shall be"pay on behalf',with defense
costs payable in addition to policy limits.There shall be no cross liability exclusion of claims or suits by one
insured against another.
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 Contractor on
behalf of the Contractor(hereinafter"indemnifying parties")to comply with these provisions.
Page 6 of 8
2. Contractor agrees to waive rights of recovery against County regardless of the applicability of any insurance
proceeds,and to require all indemnifying parties to do likewise.
3. All insurance coverage maintained or procured by Contractor or required of others by Contractor pursuant to
this Contract shall be endorsed to delete the subrogation condition as to County,or must specifically allow the
named insured to waive subrogation prior to a loss.
4. All coverage types and limits required are subject to approval,modification and additional requirements by
County.Contractor shall not make any reductions in scope or limits of coverage that may affect County's
protection without County's prior written consent.
5. Contractor agrees to provide evidence of the insurance required herein,satisfactory to County,consisting of a)
certificate(s)of insurance evidencing all of the coverages required and,b)an additional insured endorsement to
Contractor's general liability policy using Insurance Services Office form CG 20 10 with an edition date prior to
2004.Contractor agrees,upon request by County to provide complete,certified copies of any policies required
within 10 days of such request.County has the right,but not the duty,to obtain any insurance it deems necessary
to protect its interests.Any premium so paid by County shall be charged to and promptly paid by Contractor or
deducted from sums due Contractor.Any actual or alleged failure on the part of County or any other additional
insured under these requirements to obtain proof of insurance required under this Contract in no way waives any
right or remedy of County or any additional insured, in this or in any other regard.
6. It is acknowledged by the parties of this Contract that all insurance coverage required to be provided by
Contractor or indemnifying party,is intended to apply first and on a primary non-contributing basis in relation to
any other insurance or self-insurance available to County.
7. Contractor agrees not to self-insure or to use any self-insured retentions on any portion of the insurance required
herein and further agrees that it will not allow any indemnifying party to self-insure its obligations to County.If
Contractor's existing coverage includes a self-insured retention,the self-insured retention must be declared to
the County.The County may review options with Contractor,which may include reduction or elimination of the
self-insured retention,substitution of other coverage,or other solutions.
8. Contractor will renew the required coverage annually as long as County,or its employees or agents face an
exposure from operations of any type pursuant to this Contract.This obligation applies whether or not the
Contract is canceled or terminated for any reason.Termination of this obligation is not effective until County
executes a written statement to that effect.
9. The limits of insurance as described above shall be considered as minimum requirements. Should any coverage
carried by Contractor or a subcontractor of any tier maintain insurance with limits of liability that exceed the
required limits or coverage that is broader than as outlined above,those higher limits and broader coverage shall
be deemed to apply for the benefit of any person or organization included as an additional insured and those
limits shall become the required minimum limits of insurance in all Paragraphs and Sections of this Contract.
10. None of the policies required herein shall be in compliance with these requirements if they include any limiting
endorsement that has not been first submitted to County and approved of in writing.
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-:VIl.
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.
Page 7 of 8
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 or non-renewal of any such coverage,other than for non-payment
of premium.Contractor shall assure 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(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(90)days advance written notice of such change.If such
change results in substantial additional cost to the Contractor,the County and Contractor may renegotiate
Contractor's compensation.
16. Requirements of specific coverage features are not intended as limitation on other requirements or as waiver of
any coverage normally provided by any given policy. Specific reference to a coverage feature is for purposes of
clarification only as it pertains to a given issue and is not intended by any party or insured to be all-inclusive.
17. Contractor agrees to provide immediate notice to County of any claim or loss against Contractor arising out of
the work performed under this agreement.County assumes no obligation or liability by such notice,but has the
right(but not the duty)to monitor the handling of any such claim or claims if they are likely to involve County.
Page 8 of 8
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 - Health EXT: 260
DATE: 4/13/21 Agenda Item # . 15
Commissioner staff to complete)
BRIEFING DATE: 3/29/21 and 4/12/21
BRIEFING PRESENTED BY: Todd Parker
[ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency
ITEM: Treasury Rent Assistance Program (T-RAP) Grant - Subcontracts
Background:
The Treasury Rent Assistance Program Grant is intended to prevent evictions by paying
past due and future rent, and past due utilities while targeting limited resources to those
with the greatest needs and distributing funds equitably.
The funds are from the U.S. Department of the Treasury in the amount of $3,459,027.
Grant funds are administered by the Local Government Coronavirus Relief Fund thru the
Washington State Department of Commerce.
The subcontracting plan is to continue with the agencies administering the Eviction Rent
Assistance Programs: Crossroads Housing and Shelton Youth Connection.
Budget Impacts: None
RECOMMENDED ACTION:
Approval to subcontract with Crossroads Housing and Shelton Youth Connection to
administer the Treasury Rent Assistance Program.
Attachment(s):
2 subcontracts
MASON COUNTY
PROFESSIONAL SERVICES CONTRACT
CONTRACT#CH.2021.T-RAP
THIS CONTRACT is made and entered into by and between Mason County, hereinafter referred to as
"COUNTY" and Crossroads Housing hereinafter referred to as"CONTRACTOR."
Contracted Entity Crossroads Housing
Address 71 Sar ison Loop/P.O. Box 1777
City, State, Zip Code Shelton, WA 98584
Phone 360-427-6919;
Primary Contact Name, Title Tana Frazier, Executive Director
Primary Contact Phone & E-mail 360-427-6919; exdirector hcc.net
Contractor Fiscal Contact Carolyn Malanowski
Contractor Fiscal Phone & Email 360-427-9670; csk hcc.net
Washington State UBI# 601399556
Federal EIN 91-1569401
Total Award/Contract Value $2,034,259
Contract Term Duration March 11 2021 —September 30, 2022
County Contract Contact Lydia Buchheit, Community Health Manager
County Contract Email & Phone L diab co.mason.wa.us 360-427-9670 ext 404
County Fiscal Contact Casey Bingham, Fiscal Manager
County Fiscal Email & Phone Caseyb@co.mason.wa.us 360-427-9670 ext. 562
PURPOSE
The Treasury Rent Assistance Program Grant is intended to prevent evictions by paying past due and
future rent, and past due utilities while targeting limited resources to those with the greatest needs
and distributing funds equitably.
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, Exhibits, and the following
other documents incorporated by reference: Housing RFP Application, instructions, and disclosures.
CONTRACTOR BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
r
ncy Name
• ' Randy Neatherlin, Chair
1�7 -hut a ignat lle-- Date
�//� ��7TI7Z��/ �r�Z�iiP`' APPROVED AS TO FORM:
Print Name &Title
&e Z��- im Whit head, ie DPA
Date
Professional Services Contract(rev 04/2019) Page 1
Special Conditions
CONTRACTOR agrees to the following: The award of funds does 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 the contract award start date for the
CONTRACTOR to submit an invoice and receive funding. If the agency has provided these
documents under a previous contract, only updated documents need to be provided. For tracking
purposes, please notify COUNTY on each item stating "no updates" if this is the case.
1. CONTRACT REQUIREMENTS to receive funding:
a. Vendor Payment Form
b. Certificate of Insurance (see requirements Exhibit B)
c. Organizations Strategic Plan (if available)
d. Annual Report (if available)
e. Overall Organizational Budget (previous calendar or fiscal year)
f. Organizational Chart
g. Program Policies and Procedures
h. Job Descriptions of personnel working directly or indirectly in the program.
Funding Source: Department of Commerce Treasury Rent Assistance Program (T-RAP)
Acknowledgement of Federal Funds:
Recipient understands and agrees that the funds disbursed under this award may only be used
for the purposes set forth in Section 501 of Division N of the Consolidated Appropriations Act,
2021, Pub. L. No. 116-260 (Dec. 27, 2020) (referred to herein as "Section 501").
The Grantee agrees that any publications (written, visual, or sound) but excluding press
releases, newsletters, and issue analyses, issued by the Grantee describing programs or
projects funded in whole or in part with federal funds under this Grant, shall contain the following
statements:
"This project was supported by a grant awarded by US Department of the Treasury. Points of view in
this document are those of the author and do not necessarily represent the official position or policies
of the US Department of the Treasury. Grant funds are administered by the Local Government
Coronavirus Relief Fund thru the Washington State Department of Commerce."
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, the most recent Housing RFP Application, instructions, and
disclosures 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 of this CONTRACT shall be performed
at the expense of CONTRACTOR and are not compensable under this CONTRACT unless both
parties hereto agree to such provision in writing. The term of this CONTRACT may be extended by
mutual consent of the parties; provided, however, that the CONTRACT is in writing and signed by
both parties.
COMMERCE and the State of Washington are not liable for claims or damages arising from a
Subgrantee's performance of the subgrant. All subgrants shall bind the Subgrantee to follow all
applicable terms of the Grant.
Professional Services Contract (rev 04/2019) Page 2
Amendments and Extension:
This contract 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.
The duration of this CONTRACT may be extended by mutual written consent of the parties, for a
period of up to one year, and for a total of no longer than three years.
Change in Personnel:
The success of the approved program is largely contingent on the approved staffing identified in the
proposal application and/or related to the final award amount and related services. Should there be
any material change in job description, level of authority, or employment status of program staffing (or
projected staff start dates for new programs) during the term of the CONTRACT, the COUNTY
requires that the CONTRACTOR notify the COUNTY in writing within 15 days of the change and
includes a staffing plan to minimize any disruption in services. CONTRACTOR will provide updates if
there are any changes to the staffing plan or hiring delays.
Independent Contractor:
CONTRACTOR's services shall be furnished by the CONTRACTOR as an independent contractor,
and nothing herein contained shall be construed to create a relationship of employer-employee. All
payments made hereunder, and all services performed shall be made and performed pursuant to this
CONTRACT by the CONTRACTOR as an independent contractor.
CONTRACTOR acknowledges that the entire compensation for this CONTRACT is specified in
Exhibit C-Budget, and the CONTRACTOR is not entitled to any benefits including, but not limited to:
vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other
rights or privileges afforded to employees of COUNTY. The CONTRACTOR represents that he/she/it
maintains a separate place of business, serves clients other than COUNTY, will report all income and
expense accrued under this CONTRACT to the Internal Revenue Service, and has a tax account with
the State of Washington Department of Revenue for payment of all sales and use and Business and
Occupation taxes collected by the State of Washington. CONTRACTOR will 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.
Billing Procedures and Payment:
The funding awarded may only be used for eligible activities and expenses. COUNTY will pay
CONTRACTOR upon acceptance of services provided and receipt of properly completed invoices,
which shall be submitted to the COUNTY representative as outlined in Exhibit C: Budget. The
CONTRACTOR shall only be paid as a reimbursement of allowable costs incurred during each invoice
period, according to the terms provided in EXHIBIT A, if CONTRACTOR performs the services and
submits all reporting to a satisfactory level.
The COUNTY may, in its sole discretion withhold payments claimed by the Grantee for services
rendered if the CONTRACTOR fails to satisfactorily comply with any term or condition of this Grant.
The invoices shall describe and document, to the COUNTY'S satisfaction, a description of the work
performed, the progress of the project and fees. The invoice shall include the contract number.
Provide a detailed breakdown of expenses invoiced by allowable intervention type and budget
category. CONTRACTOR must keep all back up documentation and receipts on file. The COUNTY
may request a review of the documentation prior to payment or as part of a contract monitoring
process.
Professional Services Contract (rev 04/2019) Page 3
Funding will be disbursed upon submitting the program reports and expenditure invoice according to
the vendor payment schedule of the County Assessor's Office. Payment shall be considered timely if
made by the COUNTY within thirty (30) calendar days after receipt of properly completed invoices and
any accompanying reports.
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.
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. COUNTY will
reimburse CONTRACTOR for actual expenditures incurred each report period, according to the terms
provided in EXHIBIT A, Scope of Service, provided that the CONTRACTOR performs the services
and submits all reporting to a satisfactory level.
Payment is on the assumption that State and local funds are available to the COUNTY for
disbursement to the CONTRACTOR and have been expended and program requirements met, or
earlier in the event of non-compliance. If State or local funds are not available to the COUNTY, the
COUNTY reserves the right to amend the payment terms and the amount of the maximum contract
total. The term of this CONTRACT begins on the Effective Date, and the CONTRACTOR agrees not
to incur any expenses on the program using COUNTY funding prior to the effective date.
Budget:
CONTRACTOR further agrees that funds provided under this CONTRACT will be expended as
specifically itemized line by line in the Budget provided in Exhibit C, and that CONTRACTOR will
follow the Budget Amendment Process for quarterly expense transfers within a budget category (i.e.
Operations, Administration, By and For). Budget transfers will not be made unless approved by the
COUNTY. Late requests will not be accepted.
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 supporting documentation available to the COUNTY for
inspection when requested.
Accounting and Payment for CONTRACTOR Services:
Payment to the CONTRACTOR for services rendered under this CONTRACT shall be as set forth in
"Exhibit C BUDGET". Where Exhibit "C" requires payments by the COUNTY, payment shall be based
upon written claims supported, unless otherwise provided in Exhibit "C," by documentation of units of
work performed and amounts earned, including, where appropriate, the actual number of days worked
each month, total number of hours for the month, and the total dollar payment requested, to comply
with municipal auditing requirements.
Unless specifically stated in Exhibit "C" or approved in writing in advance by the official executing this
CONTRACT for COUNTY or his or her designee (hereinafter referred to as the "Administrative
Officer"). COUNTY will not reimburse the CONTRACTOR for any costs or expenses incurred by the
CONTRACTOR in the performance of this CONTRACT. Payment shall be considered timely if made
by the COUNTY within thirty (30) calendar days after receipt of properly completed invoices and any
accompanying reports.
Professional Services Contract(rev 04/2019) Page 4
Reporting and Other Contract Requirements:
CONTRACTOR agrees to submit program and expense reports, as well as perform all other
requirements outlined in Exhibit A— SCOPE OF SERVICE, on or before the dates indicated therein.
The COUNTY reserves the right to aggregate, disaggregate, analyze, reproduce, and/or disseminate
the data provided in program reports, financial activity reports, or any other reports submitted to the
COUNTY with respect to the program.
Federal and State Benchmarks, Data Collection, and Evaluation:
The Department of Housing and Urban Development (HUD) and the Department of Commerce may
require additional reporting of programs and continuums of care directly or indirectly related to the
funding awarded such as, but not limited to, Coordinated Entry, Data Quality, Data Timeliness,
Housing Inventory Report, Annual Performance Report, Point in Time Count and System
Performance Measures. CONTRACTOR agrees to participate in these evaluation efforts, meet
individual benchmarks that contribute to the system and will fulfill the data collection and reporting
requirements specified at the time of the request. It will be the obligation of the COUNTY
representatives, CONTRACTOR and other contractors to provide protections and assurances
regarding the confidentiality of data, samples of work (in any media format) and/or interview
comments provided by participants. CONTRACTOR also agrees to provide the COUNTY with the
results of any independent or self-directed evaluation or research undertaken in respect to the funded
program.
Taxes:
CONTRACTOR understands and acknowledges that COUNTY will not withhold Federal or State
income taxes. Where required by State or Federal law, the CONTRACTOR authorizes COUNTY to
withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the
CONTRACTOR will be reported to the Internal Revenue Service at the end of the calendar year in
accordance with the applicable IRS regulations. It is the responsibility of the CONTRACTOR to make
the necessary estimated tax payments throughout the year, if any, and the CONTRACTOR is solely
liable for any tax obligation arising from the CONTRACTOR's performance of this CONTRACT. The
CONTRACTOR hereby agrees to indemnify COUNTY against any demand to pay taxes arising from
the CONTRACTOR's failure to pay taxes on compensation earned pursuant to this CONTRACT.
COUNTY will pay sales and use taxes imposed on goods or services acquired hereunder as required
by law. The CONTRACTOR must pay all other taxes, including, but not limited to, Business and
Occupation Tax, taxes based on the CONTRACTOR's gross or net income, or personal property to
which COUNTY does not hold title. COUNTY is exempt from Federal Excise Tax.
No Guarantee of Employment:
The performance of all or part of this CONTRACT by the CONTRACTOR shall not operate to vest any
employment rights whatsoever and shall not be deemed to guarantee any employment of
CONTRACTOR or any employee of CONTRACTOR or any sub-contractor or any employee of any
sub-contractor by COUNTY 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 nonexclusive, 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 permitted under this provision, in advance
and in writing. As appropriate, all materials shall contain an attribution of ownership.
Professional Services Contract(rev 04/2019) Page 5
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 COUNTY'S prior written consent.
Audit Provisions and Non-Compliance:
Throughout the course of the CONTRACT term, the COUNTY will monitor compliance with contract
requirements and performance, invoices, reports and Scope of Services (Exhibit A). 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, CONTRACTOR will be engaged in corrective action through a Corrective Actions and/or
Performance Improvement Plan, as outlined in Contract Guidance Manual. Failure to meet the
corrective actions can result in early contract termination, as outlined in Contract Guidance Manual.
Contract Close out:
Final payment is contingent upon the CONTRACTOR'S ability to provide the COUNTY with all
invoices and work product including plans, narrative reports, and data reports, to release the final
payment for services within sixty (60) calendar days of contract completion or termination. The
COUNTY shall have no further obligation to pay CONTRACTOR if any invoices or reports are past
due for the sixty (60) day period following the contract term end date.
Early Termination:
The COUNTY may terminate the contract prior to the end of the term if satisfactory compliance is not
reached after reasonable efforts have been made to restore compliance, as outlined in Contract
Guidance Manual. In the case of such termination, CONTRATOR is required to immediately repay
the full amount of any funds which CONTRACTOR did not spend as of the date of the notice of
termination. CONTRACTOR must submit a final invoice and all reports to a satisfactory level within
sixty (60) days of termination to receive payment for any services up until the day of termination. The
COUNTY shall have no further obligation to pay CONTRACTOR if any invoices or reports are past
due for the sixty (60) day period following termination.
Termination for Default:
If CONTRACTOR defaults by failing to perform any of the obligations of the CONTRACT or becomes
insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an
assignment for the benefit of creditors, COUNTY may, by depositing written notice to CONTRACTOR
in the U.S. mail, terminate the CONTRACT, and at COUNTY's option, obtain performance of the work
elsewhere. If the CONTRACT is terminated for default, CONTRACTOR shall not be entitled to
receive any further payments under the CONTRACT until all work called for has been fully performed.
Any extra cost or damage to COUNTY resulting from such default(s) shall be deducted from any
money due or coming due to CONTRACTOR. CONTRACTOR shall bear any extra expenses
incurred by COUNTY in completing the work, including all increased costs for completing the work,
and all damage sustained, or which may be sustained by COUNTY by reason of such default.
If a notice of termination for default has been issued and it is later determined for any reason that
CONTRACTOR was not in default, the rights and obligations of the parties shall be the same as if the
notice of termination had been issued pursuant to the Termination for Public Convenience paragraph
hereof.
Termination for Public Convenience:
COUNTY may terminate this CONTRACT in whole or in part whenever COUNTY determines, in its
sole discretion, that such termination is in the interests of COUNTY. Whenever the CONTRACT is
terminated in accordance with this paragraph, CONTRACTOR shall be entitled to payment for actual
Professional Services Contract (rev 04/2019) Page 6
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.
Termination for Reduced Funding:
COUNTY may terminate this CONTRACT in whole or in part should COUNTY determine, in its sole
discretion, that such termination is necessary due to a decrease in available project funding including
State and/or Federal grants. Whenever the CONTRACT is terminated in accordance with this
paragraph, the CONTRACTOR shall be entitled to payment for actual work performed in compliance
with Exhibit A Scope-of-Services and Exhibit B Compensation.
Withholding Payment:
In the event the CONTRACTOR has failed to perform any obligation under this CONTRACT within the
times set forth in this CONTRACT, then COUNTY may, upon written notice, withhold from amounts
otherwise due and payable to CONTRACTOR, without penalty, until such failure to perform is cured
or otherwise adjudicated. Withholding under this clause shall not be deemed a breach entitling
CONTRACTOR to termination or damages, provided that COUNTY promptly gives notice in writing to
the CONTRACTOR of the nature of the default or failure to perform, and in no case more than ten
(10) days after it determines to withhold amounts otherwise due. A determination of the
Administrative Officer set forth in a notice to the CONTRACTOR of the action required and/or the
amount required to cure any alleged failure to perform shall be deemed conclusive, except to the
extent that the CONTRACTOR acts within the times and in strict accord with the provisions of the
Disputes clause of this CONTRACT. COUNTY may act in accordance with any determination of the
Administrative Officer which has become conclusive under this clause, without prejudice to any other
remedy under the CONTRACT, to take all or any of the following actions: (1) cure any failure or
default, (2) to pay any amount so required to be paid and to charge the same to the account of the
CONTRACTOR, (3) to set off any amount so paid or incurred from amounts due or to become due the
CONTRACTOR. In the event the CONTRACTOR obtains relief upon a claim under the Disputes
clause, no penalty or damages shall accrue to CONTRACTOR by reason of good faith withholding by
COUNTY under this clause.
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 compensation which otherwise may be
payable, or to extension of time for (1) any act or failure to act by the Administrative Officer of
COUNTY, or (2) the happening of any event or occurrence, unless the CONTRACTOR has given
COUNTY a written Notice of Potential Claim within ten (10) days of the commencement of the act,
failure, or event giving rise to the claim, and before final payment by COUNTY. The written Notice of
Potential Claim shall set forth the reasons for which the CONTRACTOR believes additional
compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the
amount of the potential claim. CONTRACTOR shall keep full and complete daily records of the work
performed, labor and material used, and all costs and additional time claimed to be additional.
3. The CONTRACTOR shall not be entitled to claim any such additional compensation, or extension
of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the
claim arose, and before final payment by COUNTY, the CONTRACTOR has given COUNTY a
detailed written statement of each element of cost or other compensation requested and of all
elements of additional time required, and copies of any supporting documents evidencing the amount
or the extension of time claimed to be due.
Professional Services Contract (rev 04/2019) Page 7
Arbitration:
Other than claims for injunctive relief brought by a party hereto (which may be brought either in court
or pursuant to this arbitration provision), and consistent with the provisions hereinabove, any claim,
dispute or controversy between the parties under, arising out of, or related to this CONTRACT or
otherwise, including issues of specific performance, shall be determined by arbitration in Shelton,
Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date
hereof, as modified by this CONTRACT. There shall be one arbitrator selected by the parties within
ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar
credentials. Any issue about whether a claim is covered by this CONTRACT shall be determined by
the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable
relief (including specific performance), or any other remedy available from a judge, including
expenses, costs and attorney fees to the prevailing party and pre-award interest, but shall not have
the power to award punitive damages. The decision of the arbitrator shall be final and binding and an
order confirming the award or judgment upon the award may be entered in any court having
jurisdiction. The parties agree that the decision of the arbitrator shall be the sole and exclusive
remedy between them regarding any dispute presented or pled before the arbitrator. At the request of
either party made not later than forty-five (45) days after the arbitration demand, the parties agree to
submit the dispute to nonbinding mediation, which shall not delay the arbitration hearing date;
provided, that either party may decline to mediate and proceed with arbitration.
Any arbitration proceeding commenced to enforce or interpret this CONTRACT shall be brought within
six (6) years after the initial occurrence giving rise to the claim, dispute or issue for which arbitration is
commenced, regardless of the date of discovery or whether the claim, dispute or issue was continuing
in nature. Claims, disputes or issues arising more than six (6) years prior to a written request or
demand for arbitration issued under this Agreement are not subject to arbitration.
Labor Standards:
CONTRACTOR agrees to comply with all applicable state and federal requirements, including but not
limited to those pertaining to payment of wages and working conditions, in accordance with RCW
39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis-Bacon Act;
and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing
wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in
surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety
as determined by regulations promulgated by the Federal Secretary of Labor and/or the State of
Washington.
Equipment Purchase, Maintenance, and Ownership:
The CONTRACTOR agrees that any depreciable equipment purchased, in whole or part, with contract
funds at a cost of$1,000 per item or more, is upon its purchase the property of the COUNTY and will
be used only for the program funded. The CONTRACTOR agrees to establish and maintain
transaction documents (purchase requisitions, packing slips, invoices, receipts) and maintenance
records of equipment purchased with Contract funds. The CONTRACTOR shall be responsible for
any loss or damage to property of the COUNTY that results from the negligence of the contractor or
that results from the failure on the part of the contractor to maintain and administer that property in
accordance with sound management practices. In the case of Early Termination, the CONTRACTOR
agrees that all such equipment will be returned to the COUNTY unless otherwise agreed upon in
writing by the CONTRACTOR and the COUNTY.
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
is approved, the CONTRACTOR is responsible to COUNTY should the subcontractor fail to comply
with any applicable term or condition of this contract. All terms and conditions of the contract and
grant guidelines must be passed on to the subcontractor. CONTRACTOR shall audit and monitor the
Professional Services Contract (rev 04/2019) Page 8
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. The notification of COUNTY shall be
made with sufficient specificity to enable COUNTY to make an informed judgment as to whether or
not COUNTY's interest may be compromised in any manner by the existence of the conflict, actual or
potential. Thereafter, COUNTY may require CONTRACTOR to take reasonable steps to remove the
conflict of interest. COUNTY may also terminate this CONTRACT according to the provisions herein
for termination.
Non-Discrimination in Employment:
COUNTY's policy is to provide equal opportunity in all terms, conditions and privileges of employment
for all qualified applicants and employees without regard to race, color, creed, religion, national origin,
sex, sexual orientation, age, marital status, disability, or veteran status. CONTRACTOR shall comply
with all laws prohibiting discrimination against any employee or applicant for employment on the
grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status,
disability, or veteran status, except where such constitutes a bona fide occupational qualification.
Furthermore, in those cases in which CONTRACTOR is governed by such laws, CONTRACTOR shall
take affirmative action to insure that applicants are employed, and treated during employment, without
regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation,
disability, or veteran status, except where such constitutes a bona fide occupational qualification.
Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations,
rate of pay or other forms of compensation benefits, selection for training including apprenticeship,
and participation in recreational and educational activities. In all solicitations or advertisements for
employees placed by them or on their behalf, CONTRACTOR shall state that all qualified applicants
will receive consideration for employment without regard to race, color, religion, sex or national origin.
The foregoing provisions shall also be binding upon any sub-contractor, provided that the foregoing
provision shall not apply to contracts or sub-contractors for standard commercial supplies or raw
materials, or to sole proprietorships with no employees.
Non-Discrimination in Client Services:
CONTRACTOR shall not discriminate on the grounds of race, color, creed, religion, national origin,
sex, age, marital status, sexual orientation, disability, or veteran status; or deny an individual or
business any service or benefits under this CONTRACT; or subject an individual or business to
segregation or separate treatment in any manner related to his/her/its receipt any service or services
or other benefits provided under this CONTRACT; or deny an individual or business an opportunity to
participate in any program provided by this CONTRACT.
Waiver of Noncompetition:
CONTRACTOR irrevocably waives any existing rights which it may have, by contract or otherwise, to
require another person or corporation to refrain from submitting a proposal to or performing work or
providing supplies to COUNTY, and CONTRACTOR further promises that it will not in the future,
directly or indirectly, induce or solicit any person or corporation to refrain from submitting a bid or
proposal to or from performing work or providing supplies to COUNTY.
Patent/Copyright Infringement:
CONTRACTOR will defend and indemnify COUNTY from any claimed action, cause or demand
brought against COUNTY; to the extent such action is based on the claim that information supplied by
the CONTRACTOR infringes any patent or copyright. CONTRACTOR will pay those costs and
Professional Services Contract (rev 04/2019) Page 9
damages attributable to any such claims that are finally awarded against COUNTY in any action.
Such defense and payments are conditioned upon the following:
A. CONTRACTOR shall be notified promptly in writing by COUNTY of any notice of such
claim.
B. CONTRACTOR shall have the right, hereunder, at its option and expense, to obtain for
COUNTY the right to continue using the information, in the event such claim of infringement, is
made, provided no reduction in performance or loss results to COUNTY.
Confidentiality:
CONTRACTOR, its employees, sub-contractors, and their employees shall maintain the confidentiality
of all information provided by COUNTY or acquired by CONTRACTOR in performance of this
CONTRACT, except upon the prior written consent of COUNTY or an order entered by a court after
having acquired jurisdiction over COUNTY. CONTRACTOR shall immediately give to COUNTY
notice of any judicial proceeding seeking disclosure of such information. CONTRACTOR shall
indemnify and hold harmless COUNTY, its officials, agents or employees from all loss or expense,
including, but not limited to, settlements,judgments, setoffs, attorneys' fees and costs resulting from
CONTRACTOR's breach of this provision.
Right to Review:
This CONTRACT is subject to review by any Federal, State or COUNTY auditor. COUNTY or its
designee shall have the right to review and monitor the financial and service components of this
program by whatever means are deemed expedient by the Administrative Officer or by COUNTY's
Auditor's Office. Such review may occur with or without notice and may include, but is not limited to,
on-site inspection by COUNTY agents or employees, inspection of all records or other materials which
COUNTY deems pertinent to the CONTRACT and its performance, and any and all communications
with or evaluations by service recipients under this CONTRACT. CONTRACTOR shall preserve and
maintain all financial records and records relating to the performance of work under this CONTRACT
for six (6) years after CONTRACT termination, and shall make them available for such review, within
Mason County, State of Washington, upon request. CONTRACTOR also agrees to notify the
Administrative Officer in advance of any inspections, audits, or program review by any individual,
agency, or governmental unit whose purpose is to review the services provided within the terms of
this CONTRACT. If no advance notice is given to CONTRACTOR, then CONTRACTOR agrees to
notify the Administrative Officer as soon as it is practical.
Insurance Requirements:
At a minimum, CONTRACTOR shall provide insurance that meets or exceeds the requirements
detailed in "Exhibit 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 this CONTRACT extend to any claim
brought by or on behalf of any employee of CONTRACTOR. This waiver is mutually negotiated by
the parties to this CONTRACT.
Professional Services Contract (rev 04/2019) Page 10
CONTRACTOR Commitments, Warranties and Representations:
Any written commitment received from CONTRACTOR concerning this CONTRACT shall be binding
upon CONTRACTOR, unless otherwise specifically provided herein with reference to this paragraph.
Failure of CONTRACTOR to fulfill such a commitment shall render CONTRACTOR liable for damages
to COUNTY. A commitment includes, but is not limited to, any representation made prior to execution
of this CONTRACT, whether or not incorporated elsewhere herein by reference, as to performance of
services or equipment, prices or options for future acquisition to remain in effect for a fixed period, or
warranties.
Defense and Indemnity Contract:
Indemnification by CONTRACTOR. To the fullest extent permitted by law, CONTRACTOR agrees to
indemnify, defend and hold COUNTY and its departments, elected and appointed officials,
employees, agents and volunteers, harmless from and against any and all claims, damages, losses
and expenses, including but not limited to court costs, attorney's fees and alternative dispute
resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any
damage to or destruction of any property (including the loss of use resulting 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
foregoing indemnification obligations of the CONTRACTOR are a material inducement to COUNTY to
enter into this CONTRACT, are reflected in CONTRACTOR's compensation, and have been mutually
negotiated by the parties.
Participation by County— No Waiver. COUNTY reserves the right, but not the obligation, to participate
in the defense of any claim, damages, losses or expenses and such participation shall not constitute a
waiver of CONTRACTOR's indemnity obligations under this CONTRACT.
Survival of CONTRACTOR's Indemnity Obligations. CONTRACTOR agrees all CONTRACTOR'S
indemnity obligations shall survive the completion, expiration or termination of this CONTRACT.
Indemnity by Subcontractors. In the event the CONTRACTOR enters into subcontracts to the extent
allowed under this CONTRACT, CONTRACTOR's subcontractors shall indemnify COUNTY on a
basis equal to or exceeding CONTRACTOR's indemnity obligations to COUNTY.
Compliance with Applicable Laws, Rules and Regulations:
This CONTRACT shall be subject to all laws, rules, and regulations of the United States of America,
the State of Washington, political subdivisions of the State of Washington and Mason County.
CONTRACTOR also agrees to comply with applicable Federal, State, County or municipal standards
for licensing, certification and operation of facilities and programs, and accreditation and licensing of
individuals.
Conflict of Interest:
Notwithstanding, any determination by the Executive Ethics Board 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 CONTRACTOR, or any activities performed
pursuant to the contract.
Professional Services Contract(rev 04/2019) Page 11
Unilateral Contract Changes:
The CONTRACTOR acknowledges that the COUNTY may correct typographical errors, numbering
errors or other minor grammar or punctuation error without the need 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 CONTRACTOR'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.
Contract Administration:
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:
Lydia Buchheit, Community and Family Health & Human Services Manager
Mason County Community Services
415 N. 6th Street
Phone: 360-427-9670 Ext. 404
Fax: 360-427-7787
E-mail: LydiaB(a),co.mason.wa.us
Financial Contact:
Casey Bingham, Finance Manager
Mason County Public Health and Human Services
415 N. 6th Street
Phone: 360-427-9670 Ext. 562
Fax: 360-427-7787
E-mail: caseyb(a co.mason.wa.us
Notice:
Except as set forth elsewhere in the CONTRACT, for all purposes under this CONTRACT except
service of process, notice shall be given by CONTRACTOR to COUNTY's Administrative Officer
under this CONTRACT. Notices and other communication may be conducted via e-mail, U.S. mail,
fax, hand-delivery or other generally accepted manner including delivery services.
Modifications:
Either party may request changes in the CONTRACT. Any and all agreed modifications, to be valid
and binding upon either party, shall be in writing and signed by both of the parties.
Venue and Choice of Law:
In the event that any litigation should arise concerning the construction or interpretation of any of the
terms of this CONTRACT, the venue of such action of litigation shall be in the courts of the State of
Washington and Mason County. Unless otherwise specified herein, this CONTRACT shall be
governed by the laws of Mason County and the State of Washington.
Severability:
If any term or condition of this CONTRACT or the application thereof to any person(s) or
circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications
Professional Services Contract(rev 04/2019) Page 12
which can be given effect without the invalid term, condition or application. To this end, the terms and
conditions of this CONTRACT are declared severable.
Waiver:
Waiver of any breach or condition of this CONTRACT shall not be deemed a waiver of any prior or
subsequent breach. No term or condition of this CONTRACT shall be held to be waived, modified or
deleted except by an instrument, in writing, signed by the parties hereto. The failure of COUNTY to
insist upon strict performance of any of the covenants of this CONTRACT, or to exercise any option
herein conferred in any one or more instances, shall not be construed to be a waiver or
relinquishment of any such, or any other covenants or contracts, but the same shall be and remain in
full force and effect.
Order of Precedence:
A. Applicable federal, state and county statutes, WAC's, RCW's, regulations, policies,
procedures, federal Office of Management and Budget (OMB) circulars and federal and state
executive orders.
B. Contract Face Sheet
C. Special Conditions
D. General Terms & Conditions
E. Exhibit B Insurance Requirements
F. Exhibit A, Scope of Service
G. Exhibit C, Budget
H. Grant Guidelines
Entire Contract:
This written CONTRACT, comprised of the writings signed or otherwise identified and attached
hereto, represents the entire CONTRACT between the parties and supersedes any prior oral
statements, discussions, or understandings between the parties.
(blank space intentional)
Professional Services Contract(rev 04/2019) Page 13
EXHIBIT A
Scope of Service
The Treasury Rent Assistance Program (T-RAP) Grant is intended to prevent evictions by paying past
due and future rent, and past due utilities while targeting limited resources to those with the greatest
needs while working to distribute funds equitably.
The COUNTY and Department of Commerce will monitor spending regularly to help ensure grantees
are on track to spend out at least 65 percent of their award by September 30, 2021.
CONTRACTOR agrees to adhere to the Department of Commerce T-RAP Grant Guidelines and be
responsible for the use of all current documents and forms.
Eligibility and Prioritization
The purpose of eligibility screening criteria is to target those most likely to become homeless but for
this assistance.
Households must meet all three of the initial screening criteria:
✓ Income at or below 80% of Area Median Income (AMI).
✓ Experiencing a financial hardship directly or indirectly due to the COVID-19 outbreak that
threatens the household's ability to pay the costs of the rental property when due.
✓ At risk of experiencing homelessness or currently experiencing housing instability.
In addition to following the eligibility criteria, the following households must be prioritized:
✓ Income at or below 50% Area Median Income (AMI).
✓ Households with one or more individuals who are unemployed and have been unemployed for
90 days before application date.
Performance Measurement
CONTRACTOR must ensure equitable access to T-RAP.
Equitable access means that the race and ethnicity of people entering T-RAP are equal to the
community demographics. Equitable access is measured by comparing the percent of people in
poverty by race and ethnicity to the percent of people entering T-RAP by race and ethnicity.
The percentage of head of households provided rent assistance must at least be equal the proportion
to the population living in poverty in the county for each of the following groups:
✓ People of Color (includes Black or African American, American Indian and Alaska Native,
Native Hawaiian or other Pacific Islander, Hispanic/Latinx, Asian, Other/Multi-Racial)
✓ Black or African American
✓ American Indian and Alaska Native
✓ Hispanic/Latinx
Data from all T-RAP subgrantees in the county will be combined for the purpose of performance
measurement and performance monitoring.
Additional performance target includes:
✓ Ten percent of households served must be youth or young adults age 18-24, this includes
emancipated 16 and 17 year olds.
Professional Services Contract(rev 04/2019) Page 14
✓ Crossroads Housing agrees to partner with Shelton Youth Connection to help ensure this
deliverable is met.
By and For Subgrants
CONTRACTOR must actively work to subcontract with By and For organizations in their communities
that assist and serve marginalized populations. It is incumbent on the CONTRACTOR to identify By
and For service providers that can best support their community members in accessing assistance.
By and For organizations are operated by and for the community they serve. Their primary mission
and history is serving a specific community and they are culturally based, directed, and substantially
controlled by individuals from the population they serve. At the core of their programs, the
organizations embody the community's central cultural values. These communities may include ethnic
and racial minorities; immigrants and refugees; individuals who identify as LGBTQ+, individuals with
disabilities or who are deaf; and Native Americans.
Partner with Dispute Resolution Centers
CONTRACTOR must coordinate with their local Dispute Resolution Centers (DRC) if one exists within
their service region. DRCs can be an important pathway to prevent evictions and providing rent
assistance can be critical to settling disputes.
(blank space intentional)
Professional Services Contract(rev 04/2019) Page 15
EXHIBIT B
INSURANCE REQUIREMENTS
A. MINIMUM Insurance Requirements:
1. Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability"
policy form CG 00 01, with an edition date prior to 2004, or the exact equivalent. Coverage for an
additional insured shall not be limited to its vicarious liability. Defense costs must be paid in addition to
limits. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than
$2,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without
limitation, blanket contractual liability.
2. Workers' Compensation on a state-approved policy form providing statutory benefits as required by law
with employer's liability limits for CONTRACTOR's, with two (2) or more employees and/or volunteers, no
less than $1,000,000 per accident for all covered losses.
3. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including owned, non-owned
and hired autos, or the exact equivalent. Limits shall be no less than $1,000,000 per accident, combined
single limit. If CONTRACTOR owns no vehicles, this requirement may be satisfied by a non-owned auto
endorsement to the general liability policy described above. If CONTRACTOR or CONTRACTOR's
employees will use personal autos in any way on this project, CONTRACTOR shall obtain evidence of
personal auto liability coverage for each such person.
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.
2. CONTRACTOR agrees to waive rights of recovery against COUNTY regardless of the applicability of
any insurance proceeds, and to require all indemnifying parties to do likewise.
3. All insurance coverage maintained or procured by CONTRACTOR or required of others by
CONTRACTOR pursuant to this CONTRACT shall be endorsed to delete the subrogation condition as to
COUNTY or must specifically allow the named insured to waive subrogation prior to a loss.
4. All coverage types and limits required are subject to approval, modification and additional requirements
by COUNTY. CONTRACTOR shall not make any reductions in scope or limits of coverage that may affect
COUNTY's protection without COUNTY's prior written consent.
5. CONTRACTOR agrees to provide evidence of the insurance required herein, satisfactory to COUNTY,
consisting of: a) certificate(s) of insurance evidencing all the coverages required and, b) an additional
insured endorsement to CONTRACTOR's general liability policy using Insurance Services Office form CG
20 10 with an edition date prior to 2004. CONTRACTOR agrees, upon request by COUNTY to provide
complete, certified copies of any policies required within 10 days of such request. COUNTY has the right,
but not the duty, to obtain any insurance it deems necessary to protect its interests. Any premium so paid
by COUNTY shall be charged to and promptly paid by CONTRACTOR or deducted from sums due
CONTRACTOR. Any actual or alleged failure on the part of COUNTY or any other additional insured under
these requirements to obtain proof of insurance required under this CONTRACT in no way waives any
right or remedy of COUNTY or any additional insured, in this or in any other regard.
6. It is acknowledged by the parties of this CONTRACT that all insurance coverage required to be provided
by CONTRACTOR or indemnifying party, is intended to apply first and on a primary non-contributing basis
in relation to any other insurance or self-insurance available to COUNTY.
Professional Services Contract(rev 04/2019) Page 16
7. CONTRACTOR agrees not to self-insure or to use any self-insured retentions on any portion of the
insurance required herein and further agrees that it will not allow any indemnifying party to self- insure its
obligations to COUNTY. If CONTRACTOR's existing coverage includes a self-insured retention, the self-
insured retention must be declared to the COUNTY. The COUNTY may review options with
CONTRACTOR, which may include reduction or elimination of the self-insured retention, substitution of
other coverage, or other solutions.
8. CONTRACTOR will renew the required coverage annually as long as COUNTY, or its employees or
agents face an exposure from operations of any type pursuant to this CONTRACT. This obligation applies
whether the CONTRACT is canceled or terminated for any reason. Termination of this obligation is not
effective until COUNTY executes a written statement to that effect.
9. The limits of insurance as described above shall be considered as minimum requirements. Should any
coverage carried by CONTRACTOR or a subcontractor of any tier maintain insurance with limits of liability
that exceed the required limits or coverage that is broader than as outlined above, those higher limits and
broader coverage shall be deemed to apply for the benefit of any person or organization included as an
additional insured and those limits shall become the required minimum limits of insurance in all Paragraphs
and Sections of this CONTRACT.
10. None of the policies required herein shall be in compliance with these requirements if they include any
limiting endorsement that has not been first submitted to COUNTY and approved of in writing.
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 or non-renewal of any such coverage,
other than for non-payment of premium. CONTRACTOR shall assure 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 (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 (90) days advance written notice of such
change. If such change results in substantial additional cost to the CONTRACTOR, the COUNTY and
CONTRACTOR may renegotiate CONTRACTOR's compensation.
16. Requirements of specific coverage features are not intended as limitation on other requirements or as
waiver of any coverage normally provided by any given policy. Specific reference to a coverage feature is
for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured
to be all-inclusive.
17. CONTRACTOR agrees to provide immediate notice to COUNTY of any claim or loss against
CONTRACTOR arising out of the work performed under this agreement. COUNTY assumes no obligation
or liability by such notice but has the right(but not the duty)to monitor the handling of any such claim or
claims if they are likely to involve COUNTY.
Professional Services Contract (rev 04/2019) Page 17
EXHIBIT C
BUDGET
Submit monthly invoices electronically to Stacey Ells, staceye(D_co.mason.wa.us, and Todd Parker,
tparker(a)-co.mason.wa.us
The COUNTY and Department of Commerce will monitor spending regularly to help ensure grantees
are on track to spend out at least 65 percent of their award by September 30, 2021.
March 1, 2021 — December 31, 2021
Crossroads Housing Award Amount
Administration and Operations $256,928
Rent and Utilities $1,670,043
By and For $107,288
Total $2,034,259
Report and Invoice Period:
The report period will be Thursday through Wednesday with the exception that the first invoice may
have a starting date other than Thursday. Invoices may be submitted weekly.
Payment:
The funding awarded may only be used for eligible activities and expenses. Payment is based on a
reimbursement of allowable expenses.
The COUNTY will make a one-time pre-payment of$200,000 for Rent and Utilities to assist with cash
flow. All invoices will include reimbursable expenses for Tent and Utilities and match the T-RAP
Report Form. Pre-payment will be collected at the end of the grant.
The Subcontractor must submit their own invoice request document and ledger. Each invoice must
include:
• the name of the agency,
• date submitted,
• dates of service (e.g. report period),
• contract number,
• funding source,
• reimbursement request per funding source,
• any additional voucher detail worksheets, if required by the grant,
• a total reimbursement request for each funding source, and
• a signature from the Executive Director, CEO, and/or Board Member.
Approved invoices will be disbursed according to the vendor payment process of the County Auditor's
Office.
Refer to the Billing Procedures and Payment clause of this contract for additional information.
In the event State, Federal or local funding changes, the COUNTY reserves the right to amend the
payment terms and the amount awarded in this contract.
Professional Services Contract (rev 04/2019) Page 18
MASON COUNTY
PROFESSIONAL SERVICES CONTRACT
CONTRACT#SYC.2021.T-RAP
THIS CONTRACT is made and entered into by and between Mason County, hereinafter referred to as
"COUNTY" and Shelton Family Center hereinafter referred to as"CONTRACTOR."
Contracted Entity Shelton Family Center(dba Shelton Youth Connection)
Address PO Box 2341 / 123 S. 2nd St.
City, State, Zip Code. Shelton, WA 98584
Phone 360-463-6972
PrimaContact Name, Title Susan Kirchoff, Executive Director
Primary Contact Phone&E-mail 8607463-6972; susan@sheltonfamilycenter.org
Contractor Fiscal Contact Becca Blanton, Treasurer
Contractor Fiscal Phone&Email . : 360-432-0125; bamka5@hotmaii.com
Washington State UBI# 604 211 635
Federal EIN 82-3875497
Total Award/Contract Value $214,108
Contract Term Duration March 13, 2020 - December 31, 2021
County Contract Contact Lydia Buchheit, Community Health Manager
County Contract Email & Phone L diab co.mason.wa.us 360-427-9670 ext 404
County Fiscal Contact Casey Bingham, Fiscal Manager
County.Fiscal.,Email &`Phone Casevbaco.mason.wa.us 360-427-9670 ext. 562
PURPOSE
The Treasury Rent Assistance Program Grant is intended to prevent evictions by paying past due and
future rent, and past due utilities while targeting limited resources to those with the greatest needs
and distributing funds equitably.
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, Exhibits, and the following
other documents incorporated by reference: Housing RFP Application, instructions, and disclosures.
CONTRACTOR BOARD OF COUNTY COMMISSIONERS
UaMl� ,iA
MASON COUNTY, WASHINGTON
dai^
cy Name
Randy Neatherlin, Chair
.. I wo
Acorize Signat r t)8Date
APP AS TO FORM:
Print Name &Title
Tim Whitehead, Chief DPA
Da e T
Professional Services Contract(rev 04/2019) Pagel
Special Conditions
CONTRACTOR agrees to the following: The award of funds does 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 the contract award start date for the
CONTRACTOR to submit an invoice and receive funding. If the agency has provided these
documents under a previous contract, only updated documents need to be provided. For tracking
purposes, please notify COUNTY on each item stating "no updates" if this is the case.
1. CONTRACT REQUIREMENTS to receive funding:
a. Vendor Payment Form
b. Certificate of Insurance (see requirements Exhibit B)
c. Organizations Strategic Plan (if available)
d. Annual Report (if available)
e. Overall Organizational Budget (previous calendar or fiscal year)
f. Organizational Chart
g. Program Policies and Procedures
h. Job Descriptions of personnel working directly or indirectly in the program.
Funding Source: Department of Commerce Treasury Rent Assistance Program (T-RAP)
Acknowledgement of Federal Funds:
Recipient understands and agrees that the funds disbursed under this award may only be used
for the purposes set forth in Section 501 of Division N of the Consolidated Appropriations Act,
2021, Pub. L. No. 116-260 (Dec. 27, 2020) (referred to herein as "Section 501").
The Grantee agrees that any publications (written, visual, or sound) but excluding press
releases, newsletters, and issue analyses, issued by the Grantee describing programs or
projects funded in whole or in part with federal funds under this Grant, shall contain the following
statements:
"This project was supported by a grant awarded by US Department of the Treasury. Points of view in
this document are those of the author and do not necessarily represent the official position or policies
of the US Department of the Treasury. Grant funds are administered by the Local Government
Coronavirus Relief Fund thru the Washington State Department of Commerce."
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, the most recent Housing RFP Application, instructions, and
disclosures 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 of this CONTRACT shall be performed
at the expense of CONTRACTOR and are not compensable under this CONTRACT unless both
parties hereto agree to such provision in writing. The term of this CONTRACT may be extended by
mutual consent of the parties; provided, however, that the CONTRACT is in writing and signed by
both parties.
COMMERCE and the State of Washington are not liable for claims or damages arising from a
Subgrantee's performance of the subgrant. All subgrants shall bind the Subgrantee to follow all
applicable terms of the Grant.
Professional Services Contract (rev 04/2019) Page 2
Amendments and Extension:
This contract 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.
The duration of this CONTRACT may be extended by mutual written consent of the parties, for a
period of up to one year, and for a total of no longer than three years.
Change in Personnel:
The success of the approved program is largely contingent on the approved staffing identified in the
proposal application and/or related to the final award amount and related services. Should there be
any material change in job description, level of authority, or employment status of program staffing (or
projected staff start dates for new programs) during the term of the CONTRACT, the COUNTY
requires that the CONTRACTOR notify the COUNTY in writing within 15 days of the change and
includes a staffing plan to minimize any disruption in services. CONTRACTOR will provide updates if
there are any changes to the staffing plan or hiring delays.
Independent Contractor:
CONTRACTOR's services shall be furnished by the CONTRACTOR as an independent contractor,
and nothing herein contained shall be construed to create a relationship of employer-employee. All
payments made hereunder, and all services performed shall be made and performed pursuant to this
CONTRACT by the CONTRACTOR as an independent contractor.
CONTRACTOR acknowledges that the entire compensation for this CONTRACT is specified in
Exhibit C-Budget, and the CONTRACTOR is not entitled to any benefits including, but not limited to:
vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other
rights or privileges afforded to employees of COUNTY. The CONTRACTOR represents that he/she/it
maintains a separate place of business, serves clients other than COUNTY, will report all income and
expense accrued under this CONTRACT to the Internal Revenue Service, and has a tax account with
the State of Washington Department of Revenue for payment of all sales and use and Business and
Occupation taxes collected by the State of Washington. CONTRACTOR will 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.
Billing Procedures and Payment:
The funding awarded may only be used for eligible activities and expenses. COUNTY will pay
CONTRACTOR upon acceptance of services provided and receipt of properly completed invoices,
which shall be submitted to the COUNTY representative as outlined in Exhibit C: Budget. The
CONTRACTOR shall only be paid as a reimbursement of allowable costs incurred during each invoice
period, according to the terms provided in EXHIBIT A, if CONTRACTOR performs the services and
submits all reporting to a satisfactory level.
The COUNTY may, in its sole discretion withhold payments claimed by the Grantee for services
rendered if the CONTRACTOR fails to satisfactorily comply with any term or condition of this Grant.
No payments in advance or in anticipation of services or supplies to be provided under this Grant shall
be made by the COUNTY.
The invoices shall describe and document, to the COUNTY'S satisfaction, a description of the work
performed, the progress of the project and fees. The invoice shall include the contract number.
Provide a detailed breakdown of expenses invoiced by allowable intervention type and budget
category. CONTRACTOR must keep all back up documentation and receipts on file. The COUNTY
may request a review of the documentation prior to payment or as part of a contract monitoring
process.
Professional Services Contract (rev 04/2019) Page 3
Funding will be disbursed upon submitting the program reports and expenditure invoice according to
the vendor payment schedule of the County Assessor's Office. Payment shall be considered timely if
made by the COUNTY within thirty (30) calendar days after receipt of properly completed invoices and
any accompanying reports.
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.
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. COUNTY will
reimburse CONTRACTOR for actual expenditures incurred each report.period, according to the terms
provided in EXHIBIT A, Scope of Service, provided that the CONTRACTOR performs the services
and submits all reporting to a satisfactory level. No payments in advance or in anticipation of goods
or services to be provided under this contract shall be made by the COUNTY.
Payment is on the assumption that State and local funds are available to the COUNTY for
disbursement to the CONTRACTOR and have been expended and program requirements met, or
earlier in the event of non-compliance. If State or local funds are not available to the COUNTY, the
COUNTY reserves the right to amend the payment terms and the amount of the maximum contract
total. The term of this CONTRACT begins on the Effective Date, and the CONTRACTOR agrees not
to incur any expenses on the program using COUNTY funding prior to the effective date.
Budget:
CONTRACTOR further agrees that funds provided under this CONTRACT will be expended as
specifically itemized line by line in the Budget provided in Exhibit C, and that CONTRACTOR will
follow the Budget Amendment Process for quarterly expense transfers within a budget category (i.e.
operations, administration). Budget transfers will not be made unless approved by the COUNTY.
Late requests will not be accepted.
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 supporting documentation available to the COUNTY for
inspection when requested.
Accounting and Payment for CONTRACTOR Services:
Payment to the CONTRACTOR for services rendered under this CONTRACT shall be as set forth in
"Exhibit C BUDGET". Where Exhibit "C" requires payments by the COUNTY, payment shall be based
upon written claims supported, unless otherwise provided in Exhibit "C," by documentation of units of
work performed and amounts earned, including, where appropriate, the actual number of days worked
each month, total number of hours for the month, and the total dollar payment requested, to comply
with municipal auditing requirements.
Unless specifically stated in Exhibit "C" or approved in writing in advance by the official executing this
CONTRACT for COUNTY or his or her designee (hereinafter referred to as the "Administrative
Officer"). COUNTY will not reimburse the CONTRACTOR for any costs or expenses incurred by the
CONTRACTOR in the performance of this CONTRACT. Payment shall be considered timely if made
by the COUNTY within thirty (30) calendar days after receipt of properly completed invoices and any
accompanying reports.
Professional Services Contract(rev 04/2019) Page 4
Reporting and Other Contract Requirements:
CONTRACTOR agrees to submit program and expense reports, as well as perform all other
requirements outlined in Exhibit A— SCOPE OF SERVICE, on or before the dates indicated therein.
The COUNTY reserves the right to aggregate, disaggregate, analyze, reproduce, and/or disseminate
the data provided in program reports, financial activity reports, or any other reports submitted to the
COUNTY with respect to the program.
Federal and State Benchmarks, Data Collection, and Evaluation:
The Department of Housing and Urban Development (HUD) and the Department of Commerce may
require additional reporting of programs and continuums of care directly or indirectly related to the
funding awarded such as, but not limited to, Coordinated Entry, Data Quality, Data Timeliness,
Housing Inventory Report, Annual Performance Report, Point in Time Count and System
Performance Measures. CONTRACTOR agrees to participate in these evaluation efforts, meet
individual benchmarks that contribute to the system and will fulfill the data collection and reporting
requirements specified at the time of the request. It will be the obligation of the COUNTY
representatives, CONTRACTOR and other contractors to provide protections and assurances
regarding the confidentiality of data, samples of work (in any media format) and/or interview
comments provided by participants. CONTRACTOR also agrees to provide the COUNTY with the
results of any independent or self-directed evaluation or research undertaken in respect to the funded
program.
Taxes:
CONTRACTOR understands and acknowledges that COUNTY will not withhold Federal or State
income taxes. Where required by State or Federal law, the CONTRACTOR authorizes COUNTY to
withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the
CONTRACTOR will be reported to the Internal Revenue Service at the end of the calendar year in
accordance with the applicable IRS regulations. It is the responsibility of the CONTRACTOR to make
the necessary estimated tax payments throughout the year, if any, and the CONTRACTOR is solely
liable for any tax obligation arising from the CONTRACTOR's performance of this CONTRACT. The
CONTRACTOR hereby agrees to indemnify COUNTY against any demand to pay taxes arising from
the CONTRACTOR's failure to pay taxes on compensation earned pursuant to this CONTRACT.
COUNTY will pay sales and use taxes imposed on goods or services acquired hereunder as required
by law. The CONTRACTOR must pay all other taxes, including, but not limited to, Business and
Occupation Tax, taxes based on the CONTRACTOR's gross or net income, or personal property to
which COUNTY does not hold title. COUNTY is exempt from Federal Excise Tax.
No Guarantee of Employment:
The performance of all or part of this CONTRACT by the CONTRACTOR shall not operate to vest any
employment rights whatsoever and shall not be deemed to guarantee any employment of
CONTRACTOR or any employee of CONTRACTOR or any sub-contractor or any employee of any
sub-contractor by COUNTY 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 nonexclusive, 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 permitted under this provision, in advance
and in writing. As appropriate, all materials shall contain an attribution of ownership.
Professional Services Contract(rev 04/2019) Page 5
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 COUNTY'S prior written consent.
Audit Provisions and Non-Compliance:
Throughout the course of the CONTRACT term, the COUNTY will monitor compliance with contract
requirements and performance, invoices, reports and Scope of Services (Exhibit A). 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, CONTRACTOR will be engaged in corrective action through a Corrective Actions and/or
Performance Improvement Plan, as outlined in Contract Guidance Manual. Failure to meet the
corrective actions can result in early contract termination, as outlined in Contract Guidance Manual.
Contract Close out:
Final payment is contingent upon the CONTRACTOR'S ability to provide the COUNTY with all
invoices and work product including plans, narrative reports, and data reports, to release the final
payment for services within sixty (60) calendar days of contract completion or termination. The
COUNTY shall have no further obligation to pay CONTRACTOR if any invoices or reports are past
due for the sixty (60) day period following the contract term end date.
Early Termination:
The COUNTY may terminate the contract prior to the end of the term if satisfactory compliance is not
reached after reasonable efforts have been made to restore compliance, as outlined in Contract
Guidance Manual. In the case of such termination, CONTRATOR is required to immediately repay
the full amount of any funds which CONTRACTOR did not spend as of the date of the notice of
termination. CONTRACTOR must submit a final invoice and all reports to a satisfactory level within
sixty (60) days of termination to receive payment for any services up until the day of termination. The
COUNTY shall have no further obligation to pay CONTRACTOR if any invoices or reports are past
due for the sixty (60) day period following termination.
Termination for Default:
If CONTRACTOR defaults by failing to perform any of the obligations of the CONTRACT or becomes
insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an
assignment for the benefit of creditors, COUNTY may, by depositing written notice to CONTRACTOR
in the U.S. mail, terminate the CONTRACT, and at COUNTY's option, obtain performance of the work
elsewhere. If the CONTRACT is terminated for default, CONTRACTOR shall not be entitled to
receive any further payments under the CONTRACT until all work called for has been fully performed.
Any extra cost or damage to COUNTY resulting from such default(s) shall be deducted from any
money due or coming due to CONTRACTOR. CONTRACTOR shall bear any extra expenses
incurred by COUNTY in completing the work, including all increased costs for completing the work,
and all damage sustained, or which may be sustained by COUNTY by reason of such default.
If a notice of termination for default has been issued and it is later determined for any reason that
CONTRACTOR was not in default, the rights and obligations of the parties shall be the same as if the
notice of termination had been issued pursuant to the Termination for Public Convenience paragraph
hereof.
Termination for Public Convenience:
COUNTY may terminate this CONTRACT in whole or in part whenever COUNTY determines, in its
sole discretion, that such termination is in the interests of COUNTY. Whenever the CONTRACT is
terminated in accordance with this paragraph, CONTRACTOR shall be entitled to payment for actual
Professional Services Contract (rev 04/2019) Page 6 t
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.
Termination for Reduced Funding:
COUNTY may terminate this CONTRACT in whole or in part should COUNTY determine, in its sole
discretion, that such termination is necessary due to a decrease in available project funding including
State and/or Federal grants. Whenever the CONTRACT is terminated in accordance with this
paragraph, the CONTRACTOR shall be entitled to payment for actual work performed in compliance
with Exhibit A Scope-of-Services and Exhibit B Compensation.
Withholding Payment:
In the event the CONTRACTOR has failed to perform any obligation under this CONTRACT within the
times set forth in this CONTRACT, then COUNTY may, upon written notice, withhold from amounts
otherwise due and payable to CONTRACTOR, without penalty, until such failure to perform is cured
or otherwise adjudicated. Withholding under this clause shall not be deemed a breach entitling
CONTRACTOR to termination or damages, provided that COUNTY promptly gives notice in writing to
the CONTRACTOR of the nature of the default or failure to perform, and in no case more than ten
(10) days after it determines to withhold amounts otherwise due. A determination of the
Administrative Officer set forth in a notice to the CONTRACTOR of the action required and/or the
amount required to cure any alleged failure to perform shall be deemed conclusive, except to the
extent that the CONTRACTOR acts within the times and in strict accord with the provisions of the
Disputes clause of this CONTRACT. COUNTY may act in accordance with any determination of the
Administrative Officer which has become conclusive under this clause, without prejudice to any other
remedy under the CONTRACT, to take all or any of the following actions: (1) cure any failure or
default, (2) to pay any amount so required to be paid and to charge the same to the account of the
CONTRACTOR, (3) to set off any amount so paid or incurred from amounts due or to become due the
CONTRACTOR. In the event the CONTRACTOR obtains relief upon a claim under the Disputes
clause, no penalty or damages shall accrue to CONTRACTOR by reason of good faith withholding by
COUNTY under this clause.
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 compensation which otherwise may be
payable, or to extension of time for (1) any act or failure to act by the Administrative Officer of
COUNTY, or (2) the happening of any event or occurrence, unless the CONTRACTOR has given
COUNTY a written Notice of Potential Claim within ten (10) days of the commencement of the act,
failure, or event giving rise to the claim, and before final payment by COUNTY. The written Notice of
Potential Claim shall set forth the reasons for which the CONTRACTOR believes additional
compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the
amount of the potential claim. CONTRACTOR shall keep full and complete daily records of the work
performed, labor and material used, and all costs and additional time claimed to be additional.
3. The CONTRACTOR shall not be entitled to claim any such additional compensation, or extension
of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the
claim arose, and before final payment by COUNTY, the CONTRACTOR has given COUNTY a
detailed written statement of each element of cost or other compensation requested and of all
elements of additional time required, and copies of any supporting documents evidencing the amount
or the extension of time claimed to be due.
Professional Services Contract(rev 04/2019) Page 7
Arbitration:
Other than claims for injunctive relief brought by a party hereto (which may be brought either in court
or pursuant to this arbitration provision), and consistent with the provisions hereinabove, any claim,
dispute or controversy between the parties under, arising out of, or related to this CONTRACT or
otherwise, including issues of specific performance, shall be determined by arbitration in Shelton,
Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date
hereof, as modified by this CONTRACT. There shall be one arbitrator selected by the parties within
ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar
credentials. Any issue about whether a claim is covered by this CONTRACT shall be determined by
the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable
relief (including specific performance), or any other remedy available from a judge, including
expenses, costs and attorney fees to the prevailing party and pre-award interest, but shall not have
the power to award punitive damages. The decision of the arbitrator shall be final and binding and an
order confirming the award or judgment upon the award may be entered in any court having
jurisdiction. The parties agree that the decision of the arbitrator shall be the sole and exclusive
remedy between them regarding any dispute presented or pled before the arbitrator. At the request of
either party made not later than forty-five (45) days after the arbitration demand, the parties agree to
submit the dispute to nonbinding mediation, which shall not delay the arbitration hearing date;
provided, that either party may decline to mediate and proceed with arbitration.
Any arbitration proceeding commenced to enforce or interpret this CONTRACT shall be brought within
six (6) years after the initial occurrence giving rise to the claim, dispute or issue for which arbitration is
commenced, regardless of the date of discovery or whether the claim, dispute or issue was continuing
in nature. Claims, disputes or issues arising more than six (6) years prior to a written request or
demand for arbitration issued under this Agreement are not subject to arbitration.
Labor Standards:
CONTRACTOR agrees to comply with all applicable state and federal requirements, including but not
limited to those pertaining to payment of wages and working conditions, in accordance with RCW
39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis-Bacon Act;
and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing
wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in
surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety
as determined by regulations promulgated by the Federal Secretary of Labor and/or the State of
Washington.
Equipment Purchase, Maintenance, and Ownership:
The CONTRACTOR agrees that any depreciable equipment purchased, in whole or part, with contract
funds at a cost of $1,000 per item or more, is upon its purchase the property of the COUNTY and will
be used only for the program funded. The CONTRACTOR agrees to establish and maintain
transaction documents (purchase requisitions, packing slips, invoices, receipts) and maintenance
records of equipment purchased with Contract funds. The CONTRACTOR shall be responsible for
any loss or damage to property of the COUNTY that results from the negligence of the contractor or
that results from the failure on the part of the contractor to maintain and administer that property in
accordance with sound management practices. In the case of Early Termination, the CONTRACTOR
agrees that all such equipment will be returned to the COUNTY unless otherwise agreed upon in
writing by the CONTRACTOR and the COUNTY.
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
is approved, the CONTRACTOR is responsible to COUNTY should the subcontractor fail to comply
with any applicable term or condition of this contract. CONTRACTOR shall audit and monitor the
Professional Services Contract (rev 04/2019) Page 8
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. The notification of COUNTY shall be
made with sufficient specificity to enable COUNTY to make an informed judgment as to whether or
not COUNTY's interest may be compromised in any manner by the existence of the conflict, actual or
potential. Thereafter, COUNTY may require CONTRACTOR to take reasonable steps to remove the
conflict of interest. COUNTY may also terminate this CONTRACT according to the provisions herein
for termination.
Non-Discrimination in Employment:
COUNTY's policy is to provide equal opportunity in all terms, conditions and privileges of employment
for all qualified applicants and employees without regard to race, color, creed, religion, national origin,
sex, sexual orientation, age, marital status, disability, or veteran status. CONTRACTOR shall comply
with all laws prohibiting discrimination against any employee or applicant for employment on the
grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status,
disability, or veteran status, except where such constitutes a bona fide occupational qualification.
Furthermore, in those cases in which CONTRACTOR is governed by such laws, CONTRACTOR shall
take affirmative action to insure that applicants are employed, and treated during employment, without
regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation,
disability, or veteran status, except where such constitutes a bona fide occupational qualification.
Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations,
rate of pay or other forms of compensation benefits, selection for training including apprenticeship,
and participation in recreational and educational activities. In all solicitations or advertisements for
employees placed by them or on their behalf, CONTRACTOR shall state that all qualified applicants
will receive consideration for employment without regard to race, color, religion, sex or national origin.
The foregoing provisions shall also be binding upon any sub-contractor, provided that the foregoing
provision shall not apply to contracts or sub-contractors for standard commercial supplies or raw
materials, or to sole proprietorships with no employees.
Non-Discrimination in Client Services:
CONTRACTOR shall not discriminate on the grounds of race, color, creed, religion, national origin,
sex, age, marital status, sexual orientation, disability, or veteran status; or deny an individual or
business any service or benefits under this CONTRACT; or subject an individual or business to
segregation or separate treatment in any manner related to his/her/its receipt any service or services
or other benefits provided under this CONTRACT; or deny an individual or business an opportunity to
participate in any program provided by this CONTRACT.
Waiver of Noncompetition:
CONTRACTOR irrevocably waives any existing rights which it may have, by contract or otherwise, to
require another person or corporation to refrain from submitting a proposal to or performing work or
providing supplies to COUNTY, and CONTRACTOR further promises that it will not in the future,
directly or indirectly, induce or solicit any person or corporation to refrain from submitting a bid or
proposal to or from performing work or providing supplies to COUNTY.
Patent/Copyright Infringement:
CONTRACTOR will defend and indemnify COUNTY from any claimed action, cause or demand
brought against COUNTY; to the extent such action is based on the claim that information supplied by
the CONTRACTOR infringes any patent or copyright. CONTRACTOR will pay those costs and
Professional Services Contract(rev 04/2019) Page 9
damages attributable to any such claims that are finally awarded against COUNTY in any action.
Such defense and payments are conditioned upon the following:
A. CONTRACTOR shall be notified promptly in writing by COUNTY of any notice of such
claim.
B. CONTRACTOR shall have the right, hereunder, at its option and expense, to obtain for
COUNTY the right to continue using the information, in the event such claim of infringement, is
made, provided no reduction in performance or loss results to COUNTY.
Confidentiality:
CONTRACTOR, its employees, sub-contractors, and their employees shall maintain the confidentiality
of all information provided by COUNTY or acquired by CONTRACTOR in performance of this
CONTRACT, except upon the prior written consent of COUNTY or an order entered by a court after
having acquired jurisdiction over COUNTY. CONTRACTOR shall immediately give to COUNTY
notice of any judicial proceeding seeking disclosure of such information. CONTRACTOR shall
indemnify and hold harmless COUNTY, its officials, agents or employees from all loss or expense,
including, but not limited to, settlements, judgments, setoffs, attorneys' fees and costs resulting from
CONTRACTOR's breach of this provision.
Right to Review:
This CONTRACT is subject to review by any Federal, State or COUNTY auditor. COUNTY or its
designee shall have the right to review and monitor the financial and service components of this
program by whatever means are deemed expedient by the Administrative Officer or by COUNTY's
Auditor's Office. Such review may occur with or without notice and may include, but is not limited to,
on-site inspection by COUNTY agents or employees, inspection of all records or other materials which
COUNTY deems pertinent to the CONTRACT and its performance, and any and all communications
with or evaluations by service recipients under this CONTRACT. CONTRACTOR shall preserve and
maintain all financial records and records relating to the performance of work under this CONTRACT
for six (6) years after CONTRACT termination, and shall make them available for such review, within
Mason County, State of Washington, upon request. CONTRACTOR also agrees to notify the
Administrative Officer in advance of any inspections, audits, or program review by any individual,
agency, or governmental unit whose purpose is to review the services provided within the terms of
this CONTRACT. If no advance notice is given to CONTRACTOR, then CONTRACTOR agrees to
notify the Administrative Officer as soon as it is practical.
Insurance Requirements:
At a minimum, CONTRACTOR shall provide insurance that meets or exceeds the requirements
detailed in "Exhibit 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 this CONTRACT extend to any claim
brought by or on behalf of any employee of CONTRACTOR. This waiver is mutually negotiated by
the parties to this CONTRACT.
Professional Services Contract (rev 04/2019) Page 10
CONTRACTOR Commitments, Warranties and Representations:
Any written commitment received from CONTRACTOR concerning this CONTRACT shall be binding
upon CONTRACTOR, unless otherwise specifically provided herein with reference to this paragraph.
Failure of CONTRACTOR to fulfill such a commitment shall render CONTRACTOR liable for damages
to COUNTY. A commitment includes, but is not limited to, any representation made prior to execution
of this CONTRACT, whether or not incorporated elsewhere herein by reference, as to performance of
services or equipment, prices or options for future acquisition to remain in effect for a fixed period, or
warranties.
Defense and Indemnity Contract:
Indemnification by CONTRACTOR. To the fullest extent permitted by law, CONTRACTOR agrees to
indemnify, defend and hold COUNTY and its departments, elected and appointed officials,
employees, agents and volunteers, harmless from and against any and all claims, damages, losses
and expenses, including but not limited to court costs, attorney's fees and alternative dispute
resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any
damage to or destruction of any property (including the loss of use resulting 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
foregoing indemnification obligations of the CONTRACTOR are a material inducement to COUNTY to
enter into this CONTRACT, are reflected in CONTRACTOR's compensation, and have been mutually
negotiated by the parties.
Participation by County— No Waiver. COUNTY reserves the right, but not the obligation, to participate
in the defense of any claim, damages, losses or expenses and such participation shall not constitute a
waiver of CONTRACTOR's indemnity obligations under this CONTRACT.
Survival of CONTRACTOR's Indemnity Obligations. CONTRACTOR agrees all CONTRACTOR'S
indemnity obligations shall survive the completion, expiration or termination of this CONTRACT.
Indemnity by Subcontractors. In the event the CONTRACTOR enters into subcontracts to the extent
allowed under this CONTRACT, CONTRACTOR's subcontractors shall indemnify COUNTY on a
basis equal to or exceeding CONTRACTOR's indemnity obligations to COUNTY.
Compliance with Applicable Laws, Rules and Regulations:
This CONTRACT shall be subject to all laws, rules, and regulations of the United States of America,
the State of Washington, political subdivisions of the State of Washington and Mason County.
CONTRACTOR also agrees to comply with applicable Federal, State, County or municipal standards
for licensing, certification and operation of facilities and programs, and accreditation and licensing of
individuals.
Conflict of Interest:
Notwithstanding, any determination by the Executive Ethics Board 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 CONTRACTOR, or any activities performed
pursuant to the contract.
Professional Services Contract (rev 04/2019) Page 11 1
Unilateral Contract Changes:
The CONTRACTOR acknowledges that the COUNTY may correct typographical errors, numbering
errors or other minor grammar or punctuation error without the need 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 CONTRACTOR'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.
Contract Administration:
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:
Lydia Buchheit, Community and Family Health & Human Services Manager
Mason County Community Services
415 N. 6th Street
Phone: 360-427-9670 Ext. 404
Fax: 360-427-7787
E-mail: LydiaBCa.co.mason.wa.us
Financial Contact:
Casey Bingham, Finance Manager
Mason County Public Health and Human Services
415 N. 6th Street
Phone: 360-427-9670 Ext. 562
Fax: 360-427-7787
E-mail: caseyb(a)-co.mason.wa.us
Notice:
Except as set forth elsewhere in the CONTRACT, for all purposes under this CONTRACT except
service of process, notice shall be given by CONTRACTOR to COUNTY's Administrative Officer
under this CONTRACT. Notices and other communication may be conducted via e-mail, U.S. mail,
fax, hand-delivery or other generally accepted manner including delivery services.
Modifications:
Either party may request changes in the CONTRACT. Any and all agreed modifications, to be valid
and binding upon either party, shall be in writing and signed by both of the parties.
Venue and Choice of Law:
In the event that any litigation should arise concerning the construction or interpretation of any of the
terms of this CONTRACT, the venue of such action of litigation shall be in the courts of the State of
Washington and Mason County. Unless otherwise specified herein, this CONTRACT shall be
governed by the laws of Mason County and the State of Washington.
Severability:
If any term or condition of this CONTRACT or the application thereof to any person(s) or
circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications
Professional Services Contract (rev 04/2019) Page 12
which can be given effect without the invalid term, condition or application. To this end, the terms and
conditions of this CONTRACT are declared severable.
Waiver:
Waiver of any breach or condition of this CONTRACT shall not be deemed a waiver of any prior or
subsequent breach. No term or condition of this CONTRACT shall be held to be waived, modified or
deleted except by an instrument, in writing, signed by the parties hereto. The failure of COUNTY to
insist upon strict performance of any of the covenants of this CONTRACT, or to exercise any option
herein conferred in any one or more instances, shall not be construed to be a waiver or
relinquishment of any such, or any other covenants or contracts, but the same shall be and remain in
full force and effect.
Order of Precedence:
A. Applicable federal, state and county statutes, WAC's, RCW's, regulations, policies,
procedures, federal Office of Management and Budget (OMB) circulars and federal and state
executive orders.
B. Contract Face Sheet
C. Special Conditions
D. General Terms & Conditions
E. Exhibit B Insurance Requirements
F. Exhibit A, Scope of Service
G. Exhibit C, Budget
H. Grant Guidelines
Entire Contract:
This written CONTRACT, comprised of the writings signed or otherwise identified and attached
hereto, represents the entire CONTRACT between the parties and supersedes any prior oral
statements, discussions, or understandings between the parties.
(blank space intentional)
Professional Services Contract (rev 04/2019) Page 13
EXHIBIT A
Scope of Service
The Treasury Rent Assistance Program (T-RAP) Grant is intended to prevent evictions by paying past
due and future rent, and past due utilities while targeting limited resources to those with the greatest
needs while working to distribute funds equitably.
The COUNTY and Department of Commerce will monitor spending regularly to help ensure grantees
are on track to spend out their award by September 30, 2021.
CONTRACTOR agrees to adhere to the Department of Commerce T-RAP Grant Guidelines and be
responsible for the use of all current documents and forms.
Eligibility and Prioritization
The purpose of eligibility screening criteria is to target those most likely to become homeless but for
this assistance.
Households must meet all three of the initial screening criteria:
✓ Income at or below 80% of Area Median Income (AMI).
✓ Experiencing a financial hardship directly or indirectly due to the COVID-19 outbreak that
threatens the household's ability to pay the costs of the rental property when due.
✓ At risk of experiencing homelessness or currently experiencing housing instability.
In addition to following the eligibility criteria, the following households must be prioritized:
✓ Income at or below 50% Area Median Income (AMI).
✓ Households with one or more individuals who are unemployed and have been unemployed for
90 days before application date.
Performance Measurement
CONTRACTOR must ensure equitable access to T-RAP.
Equitable access means that the race and ethnicity of people entering T-RAP are equal to the
community demographics. Equitable access is measured by comparing the percent of people in
poverty by race and ethnicity to the percent of people entering T-RAP by race and ethnicity.
The percentage of head of households provided rent assistance must at least be equal the proportion
to the population living in poverty in the county for each of the following groups:
✓ People of Color (includes Black or African American, American Indian and Alaska Native,
Native Hawaiian or other Pacific Islander, Hispanic/Latinx, Asian, Other/Multi-Racial)
✓ Black or African American
✓ American Indian and Alaska Native
✓ Hispanic/Latinx
Data from all T-RAP subgrantees in the county will be combined for the purpose of performance
measurement and performance monitoring.
Additional performance target includes:
✓ Ten percent of households served must be youth or young adults age 18-24, this includes
emancipated 16 and 17 year olds.
Professional Services Contract (rev 04/2019) Page 14
✓ Shelton Youth Connection agrees to partner with Crossroads Housing to help ensure this
deliverable is met.
Partner with Dispute Resolution Centers
CONTRACTOR agrees to coordinate with their local Dispute Resolution Centers (DRC) if one exists
within their service region. DRCs can be an important pathway to prevent evictions and providing rent
assistance can be critical to settling disputes.
(blank space intentional)
Professional Services Contract (rev 04/2019) Page 15
EXHIBIT B
INSURANCE REQUIREMENTS
A. MINIMUM Insurance Requirements:
1. Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability"
policy form CG 00 01, with an edition date prior to 2004, or the exact equivalent. Coverage for an
additional insured shall not be limited to its vicarious liability. Defense costs must be paid in addition to
limits. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than
$2,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without
limitation, blanket contractual liability.
2. Workers' Compensation on a state-approved policy form providing statutory benefits as required by law
with employer's liability limits for CONTRACTOR's, with two (2) or more employees and/or volunteers, no
less than $1,000,000 per accident for all covered losses.
3. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including owned, non-owned
and hired autos, or the exact equivalent. Limits shall be no less than $1,000,000 per accident, combined
single limit. If CONTRACTOR owns no vehicles, this requirement may be satisfied by a non-owned auto
endorsement to the general liability policy described above. If CONTRACTOR or CONTRACTOR's
employees will use personal autos in any way on this project, CONTRACTOR shall obtain evidence of
personal auto liability coverage for each such person.
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.
2. CONTRACTOR agrees to waive rights of recovery against COUNTY regardless of the applicability of
any insurance proceeds, and to require all indemnifying parties to do likewise.
3. All insurance coverage maintained or procured by CONTRACTOR or required of others by
CONTRACTOR pursuant to this CONTRACT shall be endorsed to delete the subrogation condition as to
COUNTY or must specifically allow the named insured to waive subrogation prior to a loss.
4. All coverage types and limits required are subject to approval, modification and additional requirements
by COUNTY. CONTRACTOR shall not make any reductions in scope or limits of coverage that may affect
COUNTY's protection without COUNTY's prior written consent.
5. CONTRACTOR agrees to provide evidence of the insurance required herein, satisfactory to COUNTY,
consisting of: a) certificate(s) of insurance evidencing all the coverages required and, b) an additional
insured endorsement to CONTRACTOR's general liability policy using Insurance Services Office form CG
20 10 with an edition date prior to 2004. CONTRACTOR agrees, upon request by COUNTY to provide
complete, certified copies of any policies required within 10 days of such request. COUNTY has the right,
but not the duty, to obtain any insurance it deems necessary to protect its interests. Any premium so paid
by COUNTY shall be charged to and promptly paid by CONTRACTOR or deducted from sums due
CONTRACTOR. Any actual or alleged failure on the part of COUNTY or any other additional insured under
these requirements to obtain proof of insurance required under this CONTRACT in no way waives any
right or remedy of COUNTY or any additional insured, in this or in any other regard.
6. It is acknowledged by the parties of this CONTRACT that all insurance coverage required to be provided
by CONTRACTOR or indemnifying party, is intended to apply first and on a primary non-contributing basis
in relation to any other insurance or self-insurance available to COUNTY.
Professional Services Contract (rev 04/2019) Page 16
7. CONTRACTOR agrees not to self-insure or to use any self-insured retentions on any portion of the
insurance required herein and further agrees that it will not allow any indemnifying party to self- insure its
obligations to COUNTY. If CONTRACTOR's existing coverage includes a self-insured retention, the self-
insured retention must be declared to the COUNTY. The COUNTY may review options with
CONTRACTOR, which may include reduction or elimination of the self-insured retention, substitution of
other coverage, or other solutions.
8. CONTRACTOR will renew the required coverage annually as long as COUNTY, or its employees or
agents face an exposure from operations of any type pursuant to this CONTRACT. This obligation applies
whether the CONTRACT is canceled or terminated for any reason. Termination of this obligation is not
effective until COUNTY executes a written statement to that effect.
9. The limits of insurance as described above shall be considered as minimum requirements. Should any
coverage carried by CONTRACTOR or a subcontractor of any tier maintain insurance with limits of liability
that exceed the required limits or coverage that is broader than as outlined above, those higher limits and
broader coverage shall be deemed to apply for the benefit of any person or organization included as an
additional insured and those limits shall become the required minimum limits of insurance in all Paragraphs
and Sections of this CONTRACT.
10. None of the policies required herein shall be in compliance with these requirements if they include any
limiting endorsement that has not been first submitted to COUNTY and approved of in writing.
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 or non-renewal of any such coverage,
other than for non-payment of premium. CONTRACTOR shall assure 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 (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 (90) days advance written notice of such
change. If such change results in substantial additional cost to the CONTRACTOR, the COUNTY and
CONTRACTOR may renegotiate CONTRACTOR's compensation.
16. Requirements of specific coverage features are not intended as limitation on other requirements or as
waiver of any coverage normally provided by any given policy. Specific reference to a coverage feature is
for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured
to be all-inclusive.
17. CONTRACTOR agrees to provide immediate notice to COUNTY of any claim or loss against
CONTRACTOR arising out of the work performed under this agreement. COUNTY assumes no obligation
or liability by such notice but has the right (but not the duty) to monitor the handling of any such claim or
claims if they are likely to involve COUNTY.
Professional Services Contract(rev 04/2019) Page 17 t
EXHIBIT C
BUDGET
Submit invoices and reports electronically to Stacey Ells, staceye(a-)-co.mason.wa.us, and Todd
Parker, tparker(o)co.mason.wa.us.
The COUNTY and Department of Commerce will monitor spending regularly to help ensure grantees
are on track to spend out their award by September 30, 2021.
March 13, 2021 — December 31, 2021
Crossroads Housing Award Amount
Administration and Operations $28,548
Rent and Utilities $185,560
Total $214,108
Report and Invoice Period:
The report period will be Thursday through Wednesday with the exception that the first invoice may
have a starting day other than Thursday. Invoices may be submitted weekly.
Payment:
The funding awarded may only be used for eligible activities and expenses. Payment is based on a
reimbursement of allowable expenses.
The Subcontractor must submit their own invoice request document and ledger. Each invoice must
include:
• the name of the agency,
• date submitted,
• dates of service (e.g. report period),
• contract number,
• funding source,
• reimbursement request per funding source,
• any additional voucher detail worksheets, if required by the grant,
• a total reimbursement request for each funding source, and
• a signature from the Executive Director, CEO, and/or Board Member.
Approved invoices will be disbursed according to the vendor payment process of the County Auditor's
Office.
Refer to the Billing Procedures and Payment clause of this contract for additional information.
In the event State, Federal or local funding changes, the COUNTY reserves the right to amend the
payment terms and the amount awarded in this contract.
1 Professional Services Contract (rev 04/2019) Page 18
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Kelly Bergh for Frank Pinter Action Agenda _x_
Public Hearing
Other
DEPARTMENT: Support Services EXT: 644
DATE: 4/13/2021 Agenda Item #
Commissioner staff to complete)
BRIEFING DATE: 4/12/2021
BRIEFING PRESENTED BY: Frank Pinter
[ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency
Item: CARES Act Community Development Block Grant (CDBG) CV2 — Coronavirus
Funds
Background: The federal Coronavirus Aid, Relief, and Economic Security Act
(CARES Act) has allocated supplemental CDBG Coronavirus (CDBG-CV) funds through
the US Department of Housing and Urban Development (HUD) to the state CDBG
program at Commerce. The CDBG-CV funding will be provided to Commerce in up to
three separate funding rounds.
The first $7.7 million CDBG-CV1 allocation is granted to CDBG nonentitlement city and
county governments (cities with less than 50,000 population and not part of a CDBG
entitlement urban county CDBG program; and counties with less than 200,000 in
population excluding entitlement cities). The CV1 project will benefit approximately
342 households over the two year contract ending 1/31/2023 and target services to
limited clientele with principally low-and moderate-incomes, based on the LMI
household qualification process through subsistence payments.
The second $15 million CDBG-CV2 allocation is granted to CDBG nonentitlement city
and county governments of $5 million and entitlement city and county governments of
$10 million.
CDBG CV2 funds are now available to extend and enhance the CV1 programs with the
purpose to prevent, prepare for and respond to coronavirus. The total funds available
are $481,296 with $209,385 for Mason County and $271,911 for Lewis County. These
funds need to be spent by 6/30/2023.
Recommended Action: Authorize Frank Pinter, Support Services Director, to
apply to the Department of Commerce via the Zoom Grant application process for the
CARES Act CDBG CV2 Coronavirus grant to extend and enhance the CV1 program for
Mason & Lewis Counties through Community Action Council of Lewis, Mason and
Thurston Counties as subrecipient using CV2 funds. Application is due 4/30/2021.
Attachment(s):
Washington State CDBG — CV2 Funding Amounts
CARES Act Community Development Block Grant (CDBG-CV) Overview
C•I Users I kberah I Downloads I Agenda Item-CDBG CV-2.doc
Washington State Community Development Block Grant - CV2 Funding
ENTITLEMENT Eligible NONENTITLEMENT Eligible Counties
GRANTEE Allocation GRANTEE Allocation in Service Area
Anacortes, City of $24,968 Adams County $81,209
Auburn, City of $170,900 Asotin County $77,148
Bellevue, City of $173,748 Benton County $225,616 Benton, Franklin
Bellingham, City of $184,887 Chelan County $212,603 Chelan, Douglas
Bremerton, City of $87,751 Cowltitz County $257,152 Cowlitz,Wahkiakum
Clark County $426,157 Dayton, City of $20,374 Columbia
East Wenatchee, City of $23,760 Garfield County $12,998
Everett, City of $271,158 Grant County $353,847
Federal Way, City of $224,366 Grays Harbor County $268,761
Kennewick, City of $164,112 Island County $258,700
Kent, City of $286,580 Jefferson County $102,385
King County $1,487,027 Kittitas County $154,766
Kitsap County $340,365 Klickitat County $125,039
Lakewood, City of $136,706 Lincoln County $39,106
Longview, City of $83,013 Mason County $481,296 Mason, Lewis
Lynnwood, City of $87,295 Okanogan County $172,917
Marysville, City of $133,791 Pacific County $91,487
Mount Vernon, City of $79,983 Pend Oreille County $56,801
Olympia, City of $93,036 Port Angeles, City of $253,478 Clallam
Pasco, City of $145,090 San Juan County $56,428
Pierce County $879,919 Skagit County $238,145
Richland, City of $74,356 Stevens County $207,630 Stevens, Ferry
Seattle, City of $1,195,823 Walla Walla County $77,148
Snohomish County $869,376 Whatcom County $385,466
Spokane, City of $445,201 Whitman County $190,654
Spokane County $421,419 Yakima County $598,844
Tacoma, City of $427,319 Nonentitlement Total $5,000,000
Thurston County $340,752
Vancouver, City of $387,954
Walla Walla, City of $61,485
Wenatchee, City of $58,523
Yakima, City of $213,181
Entitlement Total $10,000,000 3/16/2021
COMMUNITY DEVELOPMENT
BLOCK GRANT - CORONAVIRUS
r •' y
we
CARES Act Community
Development Block Grant
(CDBG-CV) Overview
The state is distribute
What are CARES Act CDBG-CV funds? CARES
The federal Coronavirus Aid, Relief, and Economic Security
Act (CARES Act) and the US Department of Housing & Urban funds for state and local
Development (HUD) awarded $38M in CDBG Coronavirus IP:activities that prevent,
(CDBG-CV) funds to the state CDBG program at Commerce. prepare for, and respond
Who will receive state CDBG-CV funds? to the
Commerce CDBG-CV funds are being distributed in four -U.S.Department of Housing and Urban
programs to local jurisdictions and agencies as outlined Development
below.
$71\A CDBG-CV1 Grants - to rural CDBG nonentitlement
Agency contact
city and county government consortiums for local public
services; microenterprise assistance programs; and Kaaren
public health, emergency response, or temporary housing CDBG-CV
facilities.
$10M CDBG-CV2 Grants - to expand and extend CDBG Local Government Division
CV1 activities administered by urban CDBG entitlementkaaren.roe@commerce.wa.gov
and rural CDBG nonentitlement cities and counties, based
18
on COVID-19 cases/surge response and financial need. r
$7M is allocated to entitlement and $3M is allocated to
nonentitlement jurisdictions.
$10.5M Hunger Relief Staffing & Services - to address the
increase in need and decrease in volunteers at food banks
and nutrition programs, by staffing food banks through
AmeriCorps, workforce development councils and other
job placement organizations across the state.
$8M COVID Prevent-Prepare-Respond (PPR) Grants - for
state, local and tribal activities that meet a public health
need, focus on underserved communities, and address ` Washington State
emerging priorities. Department of
��11 Commerce
What will CDBG-CV fund?
O Local public services such as health services, emergency payments (rent, mortgage, utilities), food bank
operations, legal services, child care services, etc.
O Local microenterprise assistance programs
O Public health, emergency response, or temporary housing facilities
All CDBG-CV activities must respond to the coronavirus, and meet a CDBG low- and moderate-income (LMI)
or urgent need national objective.
How do eligible cities, counties and service providers apply for CDBG-CV
funds?
They submit an application describing proposed uses of funds and how federal requirements are met. Online
applications and guidance materials will be announced as available at www.commerce.wa.gov/CDBG for
each CDBG-CV fund.
What is the maximum grant amount?
Grant amounts depend on the specific CDBG-CV fund and are listed in application materials.
How do people or businesses impacted by COVID-19 access the
assistance?
The state CDBG program funds local services and projects. The state CDBG program does not award direct
grants for individuals or businesses. Contact your local government, community action program, or
associate development organization to learn if CDBG-funded assistance or other resources are available,
and the eligibility criteria.
When do the funds begin and end?
Initial CDBG-CV funds may reimburse allowable costs for approved COIVD-19 activities beginning March 27,
2020 (CARES Act authorization date). The funds must be expended in a timely manner to address immediate
needs. The CDBG-CV contracts will establish the end date, which could extend to June 30, 2023.
How do I find more information?
Visit www.commerce.wa.gov/CDBG. Click on the CDBG-CV Funds site for application information and
guidance materials. The website is updated regularly.
CDBG-CV OVERVIEW 2
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Dawn Twiddy Action Agenda x
Public Hearing
Other
DEPARTMENT: Support Services EXT: 422
COMMISSION MEETING DATE: 4/13/21 Agenda Item # ��-
(Commissioner staff to
complete)
BRIEFING DATE: 3/22/21 &4/12/21
BRIEFING PRESENTED BY: Dan Goodell
[ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency
ITEM: Approval to reclassify the Administrator, Probation &Juvenile Services from Salary
Range 40 on the Non Represented Salary Scale to Chief Superior Court Administrator at
Salary Range 43, and place the incumbent in Step 3, effective April 16, 2021, eliminate the
Superior Court Administrator position on the Non Represented Salary Scale, upon
retirement of the incumbent, and create, post and fill a Juvenile Detention Manager
position at Salary Range 29 on the Non Represented Salary Scale. There is no additional
FTE's requested.
Background: The Superior Court Administration requests the elimination of the Superior
Court Administrator position, upon the retirement of the incumbent, and reclassify the
Administrator, Probation &Juvenile Services from Salary Range 40 on the Non
Represented Salary Scale to Chief Superior Court Administrator at Salary Range 43, and
place the incumbent in Step 3, effective April 16, 2021, eliminate the Superior Court
Administrator position on the Non Represented Salary Scale, upon retirement of the
incumbent, and create, post and fill a Juvenile Detention Manager position at Salary Range
29 on the Non Represented Salary Scale. There is no additional FTE's requested.
This reorganization has savings of approximately $13,000 annually.
RECOMMENDED ACTION: Approval to reclassify the Administrator, Probation &
Juvenile Services from Salary Range 40 on the Non Represented Salary Scale to Chief
Superior Court Administrator at Salary Range 43, and place the incumbent in Step 3,
effective April 16, 2021, eliminate the Superior Court Administrator position on the Non
Represented Salary Scale, upon retirement of the incumbent, and create, post and fill a
Juvenile Detention Manager position at Salary Range 29 on the Non Represented Salary
Scale. There is no additional FTE's requested.
Attachment: Non Represented Salary Scale Range Alignment Resolution &
Reclassification documentation
RESOLUTION NO.
AMENDING RESOLUTION NO. 2020-85 TO REVISE THE NON-REPRESENTED SALARY SCALE
RANGE ALIGNEMENT BY ELIMINATING, UPON RETIREMENT, THE SUPERIOR COURT
ADMINISTRATOR, RECLASSIFY THE ADMINISTRATOR, PROBATION &JUVENILE SERVICES
FROM SALARY RANGE 40 TO CHIEF SUPERIOR COURT ADMINISTRATOR AT SALARY RANGE
43, AND CREATE POST AND FILL A JUVENILE DETENTION MANAGER AT SALARY RANGE 29 ON
THE NON REPRESENTED SALARY RANGE SCALE
WHEREAS, RCW 36.16.070 states that ... The Board shall fix the compensation of all
employees...,
WHEREAS, The Board, has approved the elimination of the Superior Court Administrator
position, upon retirement of the current incumbent, at Salary Range 35; and
WHEREAS, The Board, has approved to reclassify the Administrator, Probation &
Juvenile Services position from Salary Step 40 to a Chief Superior Court Administrator at Salary
Range 43, and place the incumbent at Step 3, effective April 16, 2021, on the Non-Represented
Salary Scale; and
WHEREAS, The Board, has approved to create, post, and fill a Juvenile Detention
Manager position at Salary Range 29 on the Non-Represented Salary Scale; and
NOW, THEREFORE BE IT RESOLVED that the Board of County Commissioners does
hereby revise the Non-Represented Salary Scale Range Alignment approving the elimination,
upon retirement of the incumbent, of the Superior Court Administrator at Salary Range 35,
reclassify the Administrator, Probation &Juvenile Services position form Salary Range 40 to
Chief Superior Court Administrator at Salary Range 43, and place the incumbent at Step 3,
effective April 16, 2021, and create, post, and fill a Juvenile Detention Manager position at
Salary Range 29.
DATED this day of April 2021.
BOARD OF COUNTY COMMISSIONERS
ATTEST: MASON COUNTY, WASHINGTON
McKenzie Smith, Clerk of the Board Randy Neatherlin, Chair
APPROVED AS TO FORM:
Kevin Shutty, Commissioner
Tim Whitehead, Chief DPA
Sharon Trask, Commissioner
Attachment A
NON-REPRESENTED SALARY RANGE ALIGNMENT
SALARY
RANGE NUMBER CLASSIFICATION TITLE JOB CLASS
46 Community Services Director 1015
Public Works & Utilities Director 4005
Support Services Director 1156
Undersheriff 3000
44 Deputy Director Public Works/Utilities &Waste Mgmt 4010
County Engineer 4008
43 Chief Public Defender 1160
Chief Criminal Deputy 3002
Chief Jail 3003
Chief Superior Court Administrator TBD
41 Jail Lieutenant 3005
40 Engineering and Construction Manager 4030
Administrator, Probation & Juvenile Services 1050
Community Development Administrator
39 Chief Finance Officer 2000
38 DEM/IT/Parks &Trails Manager 2059
Water &Wastewater Manager 4015
Chief Civil Deputy 3001
County Surveyor 4058
Facilities Manager 2058
35 District Court Administrator 1180
Juvenile Court Services Deputy Administrator 1052
34 Road Operations & Maintenance Manager 4021
33 Engineer III 4033
Personal Health Manager 2171
Environmental Health Manager 2169
32 Budget Manager 1155
Project Support Services Manager 4201
31 Public Works Finance Manager 2011
30 Engineering & Construction Assistant Manager 4029
Page I 1 of 2
Attachment A
NON-REPRESENTED SALARY RANGE ALIGNMENT
SALARY
RANGE NUMBER CLASSIFICATION TITLE JOB CLASS
29 Equipment Maintenance Supervisor 4080
Finance Manager 2010
Road Operations & Maintenance Supervisor 4022
Chief Deputy Treasurer 1139
Administrative Services Manager 1153
Human Resources/Risk Manager 1154
Chief Deputy Assessor 1099
Administrative Manager 2149
Chief Deputy Clerk 1108
Juvenile Detention Manager TBD
28 Engineer II 4032
27 Elections Superintendent 1080
26 Engineer 4031
25 Program Manager 1 2200
Therapeutic Court Program Manager 2199
23 Public Works Office Administrator 2045
21 Financial Analyst
Risk & Safety Compliance Manager 1057
Personnel Analyst 1152
Noxious Weed Coordinator 2226
Personnel & Risk Analyst
20 Office Manager 2040
19 Official Court Recorder/Judicial Assistant 1193
Official Court Recorder/Family Law Facilitator 1192
Clerk of the Board/Records Specialist 1056
Administrative Clerk 1055
17 Administrative Assistant 1040
13 Administrative Secretary 1046
Legal Secretary 2152
Victim/Witness Advocate 2154
11 Senior Deputy Coroner 3071
10 Receptionist/Secretary 2041
Therapeutic Courts Caseworker 1185
1 Central Shop Assistant 4099
Page 12 of 2
ENTRY ENTRY"Step STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 MAX ANNUAL
RANGE ANNUAL 0"
46 $ 118,229.76 $ 9,852.48 $ 10,105.16 $ 10,364.26 $ 10,629.96 $ 10,902.56 $ 11,182.06 $ 134,184.72
45 $ 96,295.92 $ 8,024.66 $ 8,424.62 $ 8,847.04 $ 9,068.26 $ 9,295.44 $ 9,526.14 $ 114,313.68
44 $ 93,981.36 $ 7,831.78 $ 8,224.60 $ 8,636.38 $ 8,851.72 $ 9,072.98 $ 9,300.16 $ 111,601.92
43 $ 91,681.20 $ 7,640.10 $ 8,022.32 $ 8,423.40 $ 8,635.22 $ 8,849.36 $ 9,071.80 $ 108,861.60
42 $ 89,536.80 $ 7,461.40 $ 7,834.18 $ 8,224.60 $ 8,431.68 $ 8,642.30 $ 8,857.64 $ 106,291.68
41 $ 87,322.08 $ 7,276.84 $ 7,640.10 $ 8,023.44 $ 8,223.44 $ 8,429.32 $ 8,639.94 $ 103,679.28
40 $ 85,263.36 $ 7,105.28 $ 7,461.40 $ 7,832.96 $ 8,029.42 $ 8,230.56 $ 8,436.42 $ 101,237.04
39 $ 83,176.32 $ 6,931.36 $ 7,279.26 $ 7,642.50 $ 7,832.96 $ 8,029.42 $ 8,230.56 $ 98,766.72
38 $ 81,188.64 $ 6,765.72 $ 7,104.10 $ 7,459.06 $ 7,647.22 $ 7,835.30 $ 8,032.92 $ 96,395.04
37 $ 79,200.72 $ 6,600.06 $ 6,930.16 $ 7,278.04 $ 7,459.06 $ 7,646.04 $ 7,836.50 $ 94,038.00
36 $ 77,312.16 $ 6,442.68 $ 6,765.72 $ 7,104.10 $ 7,282.76 $ 7,465.04 $ 7,651.92 $ 91,823.04
35 $ 75,452.16 $ 6,287.68 $ 6,602.40 $ 6,932.54 $ 7,105.28 $ 7,283.92 $ 7,466.20 $ 89,594.40
34 $ 73,662.96 $ 6,138.58 $ 6,443.90 $ 6,766.90 $ 6,936.08 $ 7,110.00 $ 7,287.52 $ 87,450.24
33 $ 71,859.60 $ 5,988.30 $ 6,287.68 $ 6,602.40 $ 6,766.90 $. 6,936.08 $ 7,110.00 $ 85,320.00
32 $ 70,170,24 $ 5,847.52 $ 6,139.76 $ 6,445.06 $ 6,605.94 $ 6,771.60 $ 6,940.84 $ 83,290.08
31 $ 68,409.84 $ 5,700.82 $ 5,987.14 $ 6,286.50 $ 6,442.68 $ 6,604.74 $ 6,770.42 $ 81,245.04
30 $ 66,818.88 $ 5,568.24 $ 5,846.32 $ 6,138.58 $ 6,292.38 $ 6,447.40 $ 6,609.48 $ 79,313.76
29 $ 65,200.80 $ 5,433.40 $ 5,703.16 $ 5,988.30 $ 6,139.76 $ 6,292.38 $ 6,449.78 $ 77,397.36
28 $ 63,638.40 $ 5,303.20 $ 5,568.24 $ 5,846.32 $ 5,991.84 $ 6,143.32 $ 6,297.14 $ 75,565.68
27 $ 62,091.12 $ 5,174.26 $ 5,432.22 $ 5,701.98 $ 5,846.32 $ 5,991.84 $ 6,140.98 $ 73,691.76
26 $ 60,614.40 $ 5,051.20 $ 5,303.20 $ 5,568.24 $ 5,705.52 $ 5,849.86 $ 5,996.60 $ 71,959.20
25 $ 59,123.52 $ 4,926.96 $ 5,173.04 $ 5,431.08 $ 5,567.08 $ 5,704.36 $ 5,848.68 $ 70,184.16
24 $ 57,732.24 $ 4,811.02 $ 5,051.20 $ 5,303.20 $ 5,435.76 $ 5,570.64 $ 5,711.46 $ 68,537.52
23 $ 56,311.68 $ 4,692.64 $ 4,926.96 $ 5,173.04 $ 5,303.20 $ 5,435.76 $ 5,570.64 $ 66,847.68
22 $ 54,977.76 $ 4,581.48 $ 4,811.02 $ 5,052.40 $ 5,177.78 $ 5,306.76 $ 5,439.30 $ 65,271.60
21 $ 53,628.48 $ 4,469.04 $ 4,692.64 $ 4,928.16 $ 5,051.20 $ 5,176.62 $ 5,305.60 $ 63,667.20
20 $ 52,336.56 $ 4,361.38 $ 4,580.28 $ 4,809.82 $ 4,929.32 $ 5,053.56 $ 5,178.98 $ 62,147.76
19 $ 51,072.48 $ 4,256.04 $ 4,469.04 $ 4,692.64 $ 4,811.02 $ 4,930.50 $ 5,054.76 $ 60,657.12
18 $ 49,866.00 $ 4,155.50 $ 4,362.56 $ 4,581.48 $ 4,695.04 $ 4,813.38 $ 4,932.90 $ 59,194.80
17 $ 48,644.88 $ 4,053.74 $ 4,257.22 $ 4,470.26 $ 4,582.68 $ 4,696.22 $ 4,814.56 $ 57,774.72
16 $ 47,480.40 $ 3,956.70 $ 4,155.50 $ 4,362.56 $ 4,472.62 $ 4,583.86 $ 4,697.38 $ 56,368.56
15 $ 46,330.32 $ 3,860.86 $ 4,054.92 $ 4,256.04 $ 4,361.38 $ 4,469.04 $ 4,581.48 $ 54,977.76
14 $ 45,209.28 $ 3,767.44 $ 3,955.54 $ 4,153.14 $ 4,257.22 $ 4,363.74 $ 4,473.80 $ 53,685.60
13 $ 44,115.36 $ 3,676.28 $ 3,859.70 $ 4,053.74 $ 4,154.32 $ 4,258.42 $ 4,364.94 $ 52,379.28
12 $ 43,050.72 $ 3,587.56 $ 3,767.44 $ 3,955.54 $ 4,054.92 $ 4,156.70 $ 4,259.60 $ 51,115.20
11 $ 42,014.40 $ 3,501.20 $ 3,676.28 $ 3,859.70 $ 3,956.70 $ 4,056.12 $ 4,156.70 $ 49,880.40
10 $ 41,020.08 $ 3,418.34 $ 3,587.56 $ 3,767.44 $ 3,860.86 $ 3,957.90 $ 4,057.30 $ 48,687.60
9 $ 40,012.08 $ 3,334.34 $ 3,501.20 $ 3,676.28 $ 3,767.44 $ 3,862.06 $ 3,957.90 $ 47,494.80
8 $ 39,060.72 $ 3,255.06 $ 3,415.96 $ 3,587.56 $ 3,677.46 $ 3,768.58 $ 3,863.26 $ 46,359.12
7 $ 38,094.96 $ 3,174.58 $ 3,334.34 $ 3,501.20 $ 3,587.56 $ 3,677.46 $ 3,770.98 $ 45,251.76
6 $ 37,200.96 $ 3,100.08 $ 3,256.26 $ 3,418.34 $ 3,503.54 $ 3,591.10 $ 3,681.04 $ 44,172.48
5 $ 36,292.08 $ 3,024.34 $ 3,174.58 $ 3,334.34 $ 3,418.34 $ 3,503.54 $ 3,591.10 $ 43,093.20
4 $ 35,440.32 $ 2,953.36 $ 3,100.08 $ 3,256.26 $ 3,337.96 $ 3,421.90 $ 3,505.94 $ 42,071.28
3 $ 34,573.92 $ 2,881.16 $ 3,025.52 $ 3,175.78 $ 3,256.26 $ 3,337.96 $ 3,421.90 $ 41,062.80
2 $ 33,736.32 $ 2,811.36 $ 2,952.16 $ 3,100.08 $ 3,176.94 $ 3,257.44 $ 3,337.96 $ 40,055.52
1 $ 32,940.96 $ 2,745.08 $ 2,881.16 $ 3,024.34 $ 3,100.08 $ 3,176.94 $ 3,257.44 $ 39,089.28
Human Resources Budget Management
}*s°� c Mason County Support Services Department Commissioner Administration
411 N 5th Street Emergency Management
Shelton, WA 98584 Facilities,Parks&Trails
Human Resources
360.427.9670 ext. 422 Information Services
Labor Relations
Frank Pinter, Director Risk Management
MEMORANDUM
To: Daniel Goodell, Presiding Judge, Mason County Superior Court
From: Frank Pinter,Support Services Director
Date: 4/8/2021
Subject: Administrator, Probation&Juvenile Services Reclassification Request
Union/Non Represented: Non Represented
Current Ranee/Step: Range 40 Step 3 Salary:$85,263.36-$101,237.04
Requested Range/Step: Range 43,Step 3 Salary:$91,681.20-$108,861.60
Requested New Title:Chief Superior Court Administrator
Background: (Per Department's Request)The Superior Court Judges currently exercise direct supervision over three
main divisions of the Superior Court: the general Superior Court,the Therapeutic Courts,and Juvenile Court Services
and Detention. There are currently two administrators: a Superior Court Administrator and an Administrator,Juvenile
Court Services. The Judges are changing the administrative structure of the Court and consolidating the administration
of all three divisions under one Chief Superior Court Administrator. This single administrative position that focuses
equally on all three divisions will create a single,consistent source of information flowing to the Superior Court judges,
thereby enhancing their ability to keep informed of the ongoing functions of each division while providing for an
efficient manner for them,in turn,to provide the appropriate direction. The Administrator,Juvenile Court Services
position would be reclassified to Chief Superior Court Administrator. The Superior Court Administrator position will be
eliminated and the responsibilities and duties would be assigned to and assumed by the Chief Superior Court
Administrator.
Analysis: There is evidence to show the majority of the job duties have changed to the extent they are more accurately
reflected in another existing classification description,which also entails a different skill set,which also requires
increased education or experience in order to perform essential job functions.
HR Recommendation: Recommendation is to support the request to reclassify the incumbent of the Administrator,
Probation&Juvenile Services to a Chief Superior Court Administrator based on the addition of new programs being
assigned to the position,which increases the complexity of the essential job functions and assigned work. Human
Resources recommends the incumbent be placed at a Step 3,which provides for a 7.5%increase from the incumbents
current salary range and step placement.
HR Recommended Range/Step: Range 43 Step 3 Salary: $ 8,635.22
IZGC:LASSIFMIT ION REQUEST FORM
Mason County Personnel Policy 5.3 Reclassification Policy
INSTRUCTIONS:
The following factors may be considered as evidence of possible eligibility for
reclassification:
a. A majority of job duties have changed to the extent they are more
accurately reflected in another existing classification description;
b. A majority of job duties have changed to the extent the job entails a
different skill set,which requires increased education or experience in
order to perform essential job functions.
DATER/7/2021 UNION: DEPARTMENT:Superior Court and
UNION APPROVAL:❑ Juvenile Court Services
PREPARER: FLSA STATUS: HUMAN RESOURCES REVIFW:
Daniel Goodell,Presiding Judge EXEMPT® DATE:Click here uo erncr a il,uc.
Mason County Superior Court NON EXEMPT❑ REVIEWED BY:
CURRENT JOB TITLE:Administrator Juvenile Court Services CURRENT SALARY RANGE:
40
PROPOSED NEW JOB TITLE: Chief Superior Court Administrator PROPOSED NEW SALARY RANGE:
3
ATTACHMENTS:
CURRENT JOB DESCRIPTION:0 PROPOSED JOB DESCRIPTION:
BACKGROUND:The Superior Court Judges currently exercise direct supervision over three main divisions ofthe
Superior Court: the general Superior Court,the Therapeutic Courts,and Juvenile Court Services and Detention. There
are currently two administrators: a Superior Court Administrator and an Administrator,Juvenile Court Services, The
Judges are changing the administrative structure of the Court and consolidating the administration of all three divisions
under one Chief Superior Court Administrator. This single administrative position that focuses equally on all three
divisions will create a single,consistent source of information flowing to the Superior Court judges,thereby enhancing
heir ability to keep informed of the ongoing functions of each division while providing for an efficient manner forthem,
in turn,to provide the appropriate direction. The Administrator,Juvenile Court Services position would be reclassified
o Chief Superior Court Administrator. The Superior Court Administrator position will be eliminated and the
responsibilities and duties would be assigned to and assumed by the Chief Superior Court Administrator.
REQUES'r(Specifically outline the job duties&increased educatioti requirements,which rrquira a different skill set causing the increased education
experience):
majority of job duties will change to the extent that they ure more accurately reflected in another existing
classification description because,in addition to the duties and responsibilities of the current Administrator,Juvenile
Court Services position,the Chief Superior Court Administrator will assume all of the duties and responsibilities of the
Superior Court Administrator position tlua is being eliminated. The additional duties and responsibilities will include all
general functions of the Superior Court(criminal domestic,juvenile,dependency,civil,probate,ITA,guardianship,
appellate,truancy,adoption,therapeutic courts)and supervision of these functions at the direction of the judges,direct
asks of court scheduling,Local Cowl Rules,Therapeutic Court policies and protocols,preparing accounting and
maintaining the general Superior Court budget and Therapeutic Court budgets and grants,managing infrastructure,IT
support and other needs of the COtut and facilities,and supervision of additional staff in a variety of positions.
BASIS OF REQCJFS r(Reason why the position has now taken on the newiob duties,ouLude of their normal type of woric):
A majority of job duties will change to the extent the job entails a different skill set,education and experience in order to
perform essential job functions. The current position of Administrator,Juvenile Court Services is focused primarily on
juvenile justice system.Because the Chief Superior Court Administrator is assuming the duties and responsibilities of
he Superior Court Administrator,the position will also require additional knowledge of State and Federal Statutes and
Court Rules for Superior Coutts for numerous areas of law(civil,criminal,domestic,probate/guardianship,ITA,
appellate,etc.),policies and procedures for adopting Local Court Rules,Superior Court time standards,Therapeutic
oust best practices,supervision of additional staff.
ACTION REQUESTED:Reclassify the Administrator,Juvenile Court Scrviws position(Range 40)to Chief Superior Court
Administrator(Range 43).
Elected Official/Department Head Sign re___ .� Date _
llurnan Resources Signature _Date
BRIEFED WITH BOARD OF COUNTY COMMISSIONERS
Does this request qualify for Reclassification? Yes 11No
If"YF..S"department must prepare an Agenda Action Cover Sheet for BOCC approval.
Is a Salary Range Resolution needed? 19 Yes O No
If"YB" Human Resources must prepare the resolution and attachment's necessary.
Date Approved:1 li,;, hi'r.'10,TW! :1..;: :.
Once approved it is the responsibility of the department to submit a Personnel Action Form.
POSITION DESCRIPTION
v
au
Title: Chief Superior Court Administrator Department: Superior Court
Affiliation: Non-Represented Supervises/Directs:
Official Court Recorder/Judicial Assistants
Reports to: Superior Court Judges Official Court Recorder/Family Law Facilitator
Bailiffs
Therapeutic Courts/Program Manager I
Probation &Juvenile Services Administrator
Exempt: X Non-Exempt: Superior Court Finance Manager
Job Class: TBD Risk Class: 5306-07 Salary Range: According to current Non-
Represented Salary Scale
JOB SUMMARY:
The Superior Court Deputy manages, plans and directs the operation of Superior Court administration, as
well as provides technical assistance to Superior Court Judges in planning and administering court programs;
coordinating court activities through subordinate personnel; using knowledge of court and judicial department
operations, goals, policies and procedures to manage and supervise the Therapeutic Courts, the general
Superior Court, and the Juvenile Court, including the Juvenile Probation and Juvenile Detention; and ensuring
the effective and efficient utilization of personnel, funds, materials, facilities, and time to accomplish short-
term and long-range goals.
CLASSIFICATION STANDARDS:
The single position allocated to this classification is responsible for the direction and administration of all non-
judicial functions of the Superior Court including, but not limited to,fiscal management, staffing, management
of courtroom facilities, oversight and supervision of the Family Law Facilitator Program,the Therapeutic Court
Programs and the Juvenile Court Programs, including the Juvenile Probation and Juvenile Detention. The
Chief Superior Court Administrator receives general administrative direction from the Superior Court Judges.
ESSENTIAL JOB FUNCTIONS: (Any one position may not include all of the duties listed nor do the listed
examples include all tasks which may be found in positions of this class.)
Directs and manages the administrative work of the Court to permit the maximum allowance of Judges'time
for judicial work.
Manages and coordinates the activities of the Court support operations staff by participating in staff selection,
planning and organizing workloads and assignments, conducting performance evaluations, monitoring and
resolving grievances and other personnel matters and providing training to employees to ensure effective
delivery of services by the department.
Implements policies, procedures and performance standards to assure efficient and effective departmental
operation that is in compliance with state law, court rules and Superior Court goals and objectives.
Reviews and analyzes existing practices and procedures to recommend improvements and changes as
warranted. Monitors state and federal laws to ensure Court administrative operations are in compliance.
Est. 3.xx.2021
Oversees the preparation and distribution of a variety of reports and documents to ensure they are accurate
and timely. Supervises and coordinates the proper retention and storage of records and court documents to
ensure compliance with relevant regulations and statutes.
Oversees the creation, adjustments and implementations of the Court schedules to ensure accommodations
are made for judge, attorney, clerk and support staff schedules. Oversees case flow management to monitor
criminal and civil cases and trials; oversees the monitoring of cases and adjustments of caseloads and
courtrooms; oversees the assignment and management of appeal case flow, ensuring the production of
Verbatim Reports of Proceeding in a timely manner. Performs general administrative duties to assist the
Judges including overseeing the preparation of Court orders. Provides liaison between Judges and the
various Court support staff ensuring good working relations.
Coordinates activities with other department managers, elected officials, other county departments, outside
agencies and organizations.
Oversees the preparation and administration of budgets for the Superior Court, Family Law Facilitator, Family
Court, Therapeutic Courts and Juvenile Court, including Juvenile Probation and Juvenile Detention, along
with other Funds, including Grants and other Programs as directed by the Superior Court Judges, based on
staffing and resource requirements, cost estimates, and objectives and goals. Ensures the monitoring and
documentation of expenditures to maintain compliance with approved budget and staffing levels. Coordinates
purchases including equipment and supplies.
OTHER JOB FUNCTIONS:
Analyzes and recommends improvements to existing services and operating systems of the Court. Develops
and maintains systems and records that provide for proper evaluation,control and documentation of assigned
operations. Generates statistical and summary reports regarding Court functions. Initiates or processes Court
correspondence as required. Responds to inquiries, problems, complaints or emergencies affecting the
availability or quality of services ensuring appropriate and timely resolution of a variety of situations. Performs
other related duties as assigned. Regular and reliable attendance.
WORKING CONDITIONS:
Duties are primarily performed in an office environment while sitting at a desk or computer terminal. Physical
exertion may be required to lift boxes, equipment and supplies ranging in weight from 10-40 pounds. Work
beyond the normal workday and/or weekends may be required. This position is designed"at will' under the
provisions of Mason County Personnel Policies, Section 1.2
QUALIFICATIONS:
The Superior Court Deputy possesses a comprehensive knowledge of the statutes and rules governing the
operation of Superior Court, Therapeutic Courts and Juvenile Court, including the Juvenile Probation and
Juvenile Detention programs;the ability to plan,organize and supervise personnel engaged in work requiring
accuracy and attention to detail; and the ability to communicate effectively orally and in writing. Specific
knowledge and ability includes, but is not limited to:
Knowledge of:
• Superior Court practices, principles, and procedures.
• Therapeutic Court practices, principles and procedures.
• Juvenile Court practices, including the Juvenile Probation and Juvenile Detention programs,
principles and procedures.
• Modern principles and practices of management and supervision, including personnel administration.
• Legal requirements, regulations and laws applicable to Superior Court, Therapeutic Courts and
Juvenile Court, including Juvenile Probation and Juvenile Detention..
• Principles and practices of governmental fiscal management, including budget preparation,
expenditure control, and record keeping.
Est. 3.xx.2021
Ability to:
• Plan, organize and oversee assigned work programs, including monitoring work schedules and
evaluating the work of subordinates.
• Analyze and evaluate operations and develop and implement corrective action to resolve problems.
• Establish and maintain effective working relationships with employees, County Commissioners,
judges and all other elected officials, department heads, other agencies, and the general public.
• Communicate effectively, both orally and in writing,with individuals and groups regarding complex or
sensitive issues or regulations—often under stressful and high-pressure situations.
• Perform accounting and budget administration functions.
• Forecast, plan and implement program adjustments as required by changing conditions.
• Operate office equipment, including computers.
EDUCATION AND EXPERIENCE: Any equivalent combination of education and experience which
provides the applicant with the knowledge, skills, and abilities required to perform the job. Atypical way
to obtain the knowledge and abilities would be:
A Bachelor's degree or greater from an accredited college or university with major course work in business,
court administration, or a related field; and
Six years of progressively responsible experience, including two years of supervisory experience, in a law
office or in the court system.
LICENSES, CERTIFICATES AND OTHER REQUIREMENTS:
Valid Washington State driver's license
Completion of core competency classes through the National Center for State Courts. If the Incumbent
is not already certified, certification must be completed within one year of hire.
REQUIRED TRAINING FOR THIS POSITION:
Sexual Harassment & Discrimination—Annually
Smart Risk Management—Once
Slip, Trip and Fall—Annually
Safe Lifting Practices—Annually
FEMA IS 100 and 700-Once
FEMA IS-907-Active Shooter-Annually
REGULAR MONITORED DRIVER: Yes _X No
Additional job specific trainings may be issued at a later date.
Elected Official Signature of Approval:
Date:
Human Resources Signature of Approval:
Date:
I have read and understand the above position description:
Name: Date:
Signature:
Est. 3.xx.2021
rou
POSITION DESCRIPTION
.tN
Title: Department:
Administrator, Juvenile Court Services Juvenile Court Services
Affiliation: Reports to:
Non Union Su erior Court Judges,
Salary Range: Supervises/Directs:
According to current Non-Represented Juvenile Probation & Detention Staff
Salary Scale
Job Class: 1050 Risk Class:1501-00 Exempt: X Non-Exempt:
Elected Official Approval Date: Human Resources Approval Date:
GENERAL DESCRIPTION:
Executive level position that is responsible for leading the development and execution of all strategic plans and
decisions regarding Mason County Juvenile Court Services. The position oversees day-to-day operations of
Juvenile Probation and the 24/7 juvenile detention facility, including personnel decisions, financial operations and
programmatic activities. This position is an influential manager with the ability to lead, inspire, and manage a
professional staff dedicated to providing evidence based programs and bring a passion for public service,
specifically as it relates to working with youth and juvenile justice.
ESSENTIAL JOB FUNCTIONS:
Responsible for leading the department in achieving identified goals and objectives within Juvenile Court Services,
which includes 24/7 secure detention, detention alternatives, intervention services, juvenile offender and non-
offender services, and Guardian ad Litem services.
Develops and implements strategies aiming to promote Juvenile Court Services' mission and vision.
Designs, analyzes and assures adherence to policies, procedures, work rules and performance standards in the
efficient and effective operation of Juvenile Court Services and the Juvenile Detention facility. Ensures the
department is in compliance with County standards, and federal, state and local laws.
Oversees all personnel decisions such as recruiting, hiring, promotion, evaluation, discipline and termination.
Responds to complaints and issues, confers with Deputy Juvenile Court Administrator and Human Resources
regarding disciplinary actions. Builds an effective team of staffs and leaders by providing guidance and coaching.
Supervises and directs employees in the daily operational activities and events of the Mason County Juvenile
Detention Center including planning, coordinating, and managing staff and programming.
Plans, prepares and justifies the department budget based on staffing and resource requirements, cost estimates,
departmental objectives and goals. Monitors and reviews the budget to assure compliance with approved budget
levels and standards. Prepares and administers grants according to established guidelines.
Interprets, operates, and assists in the negotiation of two collective bargaining agreements. Maintains effective
working relationships with labor unions to foster a collaborative working environment. Responds to union inquiries
and grievances.
Develops, analyzes and recommends new programs and resources to provide the court systems with an array of
choices to deter behavior patterns in juveniles. Coordinates the delivery of services with other agencies,community
groups and county departments to ensure effective program services.
Reviews all juvenile offender arrest referrals from law enforcement to determine legal filing status. Represents the
state in the prosecution of cases to include negotiating plea agreements with attorneys and making sentencing
recommendations to the Court.
Est. 5.1992/Rev 1-2.2020
Responds to public and interagency records requests under GR 31.1 as the records officer for the department.
Implements and maintains records retention and destruction procedures consistent with statutes,WAC, and state
retention schedules.
Analyzes and recommends improvements to existing facilities,equipment and operating systems of the department.
Develops and maintains systems and records that provide for proper evaluation, control and documentation of
assigned operations,
Develops and maintains relations of trust with stakeholders, partners, and the community.Acts as a public speaker
and public relations representative of the department in ways that strengthen its profile.
Formulates remedial actions for any identified issues and conduct crisis management when necessary.
Participates on state and local committees, councils, work-groups, and professional associations.
Performs other related duties as assigned.
WORKING CONDITIONS:
Work is performed in multiple environments, including but not limited to: office, courtroom, schools, community,
client's homes, and detention and jail facilities. The employee may be required to work irregular hours and days
and has on-call responsibility 24 hours per day. Must be able to respond immediately to emergencies by telephone.
May be exposed to physical hazards when dealing in highly emotional and stressful situations with potentially
volatile, hostile, and violent individuals.
KNOWLEDGE, SKILLS, AND ABILITIES:
• Thorough knowledge of the philosophy and operations of the juvenile justice system; current literature;
trends and developments relative to juvenile and family courts, juvenile rehabilitation and child welfare;
functions, procedures and RCW's and WAC's related to the Juvenile Court.
• Thorough knowledge of the philosophy and operations of secure 24/7 juvenile detention facilities; current
literature; trends and developments relative to juvenile correctional facilities; functions, procedures and
RCW's and WAC's related to juvenile detention facilities.
• Strong oral and written communication skills. Must be able to convey complex thoughts and processes
clearly and concisely within the department and to the general public.
• Strong leadership, interpersonal,and team building skills. Must be able to build a diverse team with different
talents and personalities, and create a highly efficient and positive culture for employees.
• Strong understanding of government accounting, budgeting, financial management, and measures of
performance. Must be able to create, evaluate and review budget proposals.
• Ability to collect and evaluate data to make sound decisions utilizing discretion and independent judgment.
• Extensive knowledge of labor laws and practices and be able to assist in the successful negotiation of union
contracts.
• In depth knowledge of sound human resources practices and principles. Ability to plan, organize and
oversee assigned work programs, including monitoring work schedules and evaluating the work of others.
• Ability to define the mission, vision and goals of the department by creating and implementing policies and
procedures.
• Ability to establish and maintain working relationships and cooperative arrangements with employees,
county departments, County Commissioners, community agencies,judges and the general public.
• Ability to obtain Certified Counselor license from Washington State Department of Health within 6 months.
• Physically perform the essential functions of the job.
REQUIRED EDUCATION AND EXPERIENCE:
Bachelor's degree from fully accredited college or university with major coursework in criminal justice, social
or behavioral science, public administration or a closely related field. A Master's degree is highly desirable.
• Extensive progressively responsible professional/administrative experience working in the juvenile justice
system, including a minimum of three(3)years as a manager, administrator, or director.
• Minimum of three years(3) experience operating and managing a secure 24/7 facility.
A demonstrated ability in effective team management, administration, staff supervision, budgeting and
expertise in the field of juvenile justice.
• Successful program development and fiscal integrity.
Est. 5.1992/Rev 1-2.2020
REQUIRED TRAINING FOR THIS POSITION:
Sexual Harassment&Discrimination—Annually
Blood Borne Pathogens—Annually
Smart Risk Management—Once
Slip,Trip and Fall—Annually
Safe Lifting Practices—Annually
FEMA IS 100 and 700-Once
FEMA IS-907-Active Shooter-Annually
FMLA-Once
REGULAR MONITORED DRIVER:_X Yes No
DEFENSIVE DRIVING-ALL ANNUALLY:
Basics
R is for Reverse
Intersections
Reduce Winter Weather Accidents
General Auto Risk Program for Drivers
Additional job specific trainings may be issued at a later date.
Elected Official Signature of Approval:
Date:
Human Resources Signature of Approval:
Date:
I have read and understand the above position description:
Name: Date:
Signature:
Est. 5.1992/Rev 1-2.2020
Approved by the Board of Commissioners
Legend
Direct Line of Authority
Sharon Trask,Chair Data
Court Commlssloner Superior Court Judges
Bob Sauerlender(.94 FTE-.64 Monty Cobb Randy Neatherlin,Mce Chair
Superior Court&.3 Therapeutic Amber Finlay
Court) Dan Goodell
Kevin Shutty,Commissioner
chief Superior court Administrator
Reclassification
Salary Range 43/4
Therapeutic c rt ProaramAccpun[fna
Superior Court services Paula Thale—AcrountinB
Cheryl Green—Court Renee Cullop Technician
Recorder/Family Law Facilitator Salary Range 25
Rachell Osman—Court I
Recorder/Judldal Assistant
Carolyn Putvin minislratorlwe
—Court case Maners
Recorder/Judldal Assistant ag
Sam Badgley D tv Ad rile Courts
Qsi4nHon Mmager
Susan Fraisure Mike Dunn Vacant—New Pmitlon
Gabrielle Cranor 1.5 FTE Temporary Salary Range 35 Salary Range 29/1
Grant Funded Position)
Juv pile Probatlon luvenlle Detention
Dawn Mesolednik—Lead Probatlon Omcer Jamie BalN—Detention lead Omcer
Karon Antonsen—Probatlon Omcer Use Barnes Sheens Herbert
Sarah Dannenberg—Probation Officer Shannon Humphrey Wcas Mart
Madison Larsen—Probation Officer Curtis Palmer Joshua SnodderN
Chris Murphy—Probation Officer Nohea Umu Jahn Volkert
3 FIE—Superior Court Elected Officials Ti.Vanderwaal—Court Program Coordinator
F>,tra Helo
.94 FTE—Court Commissioner Clerical Holly Allen Colton Bradbury
1 FTE—Superior Court Director Jennifer Wheeler—Office Technician Leelaramlllo Barbara Lee
3 FTE—Superior Court Services Trevor M
Kevin Martinez Kyle PI—ninon
Madison Alyx Marsh
3 FTE—Therapeutic Court Program
I FTE—Superior Court Finance Elijah ftobiason Amanpreet Singh
2 FTE—Deputy Administrator Juvenile/Detention Manager
7 FTE—Juvenile Probation Officers&Clerical
9 fTE—luvenlle Detention Officers Superior Court
29.94 Proposed 2021 Re-org Budgeted FTEs
RE-Organization Chart
Chief Superior Probation&
Court Juveinle Services Superior Court Detention
Administrator Administrator Administrator Manager
New Position Old Position Retirement New Position
Name Jim Madsen Jim Madsen Robyn Lockwood Vacant
Salary Range 43/4 40/3 35 29/1
Salary $ 106,192.32 $ 96,353.04 $ 89,594.40 $ 68,438.04
L&I $ 2,219.57 $ 2,219.57 $ 2,219.57 $ 2,219.57
FICA $ 8,123.71 $ 7,371.01 $ 6,853.97 $ 5,235.51
State Retirement $ 13,773.14 $ 12,496.99 $ 11,620.39 $ 8,876.41
Medical $ 18,771.00 $ 18,771.00 $ 18,771.00 $ 18,772.00
WA PD FMLA $ 155.78 $ 141.35 $ 131.43 $ 100.40
Total S 149,235.53 $ (137,352.95) $ (129,190.77) $ 103,641.93 $. (13,666.26)
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Mike Collins P.E. PLS, County Engineer Action Agenda
DEPARTMENT: Public Works EXT: 450
COMMISSION MEETING DATE: April 13, 2021 Agenda Item #gAg
BRIEFING DATE: April 5, 2021 and April 12, 2021
BRIEFING PRESENTED BY: Mike Collins
[ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency
ITEM: Withdrawal grant funding for County Road Project (CRP) 1993 —
Shelton Matlock Culvert Replacement Project
EXECUTIVE SUMMARY:
Public Works received $432,000 funding through the 2015 Rural Arterial Program (RAP) for
the above project that was originally approved in 2015 with a local match of $68,000 for a
total $500,000.
Due to unanticipated engineering and construction issues, along with an adjacent property
owner refusing to sell the County additional right of way needed to construct this project;
the project is estimated to cost $1,200,000, which would require additional $700,000 of
local funds.
At this time, Public Works is recommending to return the RAP grant funding and revisit the
culvert replacement in 10-years, where we will again seek RAP and other grant funding.
Public Works will have to pay back up to $53,000 to the County Road Administration Board
(CRAB) for monies previously reimbursed. This will come out the County Road Fund.
RECOMMENDED ACTION:
Recommend the Board of County Commissioners authorize the Chair to sign the letter to
the County Road Administration Board (CRAB) that returns RAP grant funding for CRP
1993, Shelton Matlock culvert replacement project at milepost 8.03.
ATTACHMENT:
1. Letter
April 5,2021
Mr. Steve Johnson,PE
County Road Administration Board
2404 Chandler Court SW,Suite 240
Olympia WA 98504-0913
Re: Shelton Matlock Culvert Replacement,CRP-1993
Dear Mr.Johnson,
Mason County is requesting that the County Road Administration Board(CRAB)terminate
the subject project.After careful consideration,it is unlikely the County has the ability to
deliver this project within the next 2 years. We will repay$52,045.63,which the CRAB
Board reimbursed the County for preliminary engineering through 8/15/2020.The County
has actively pursued this project and for various reasons that were unknown to us at the time
of the application,now believe the better option is wait until the property changes hands in
the future so the right-of-way can be purchased.
The original project funding was approved on 04/16/2015 for CRAB funding.At that time,
it was believed that the funding was adequate to complete the culvert replacement.The
original scope would have replaced the existing 40-inch concrete culvert with an 18 to 20-
foot box or arch culvert providing fish access.The existing culvert is buried 30 feet deep.
The estimated project cost at the time of the application in 2015 was$500,000.During the
preliminary engineering phase,the cost estimate increased significantly from$500,000 to
currently$1.3 million dollars.
Once design was underway,we realized there was going to be substantially more grading
and excavating needed to replace the culvert with a 30-foot wide fish passable structure.We
appealed to the Department of Fish and Wildlife to consider a 20-foot culvert;however,30
feet was as small as they would consider. The 30-foot culvert also requires additional
retaining walls,a much larger construction footprint and window,and a significant increase
in temporary traffic control costs to keep the road open during construction;all significant
increases in cost that we never anticipated.
During subsequent field investigations,it was determined there was a downstream fish
barrier project under the jurisdiction of the Washington Department of Fish and Wildlife
that was recently replaced with a much smaller culvert than 30 foot.This smaller
downstream culvert would preclude many of the upstream benefits to fish access provided
by this CRAB funded project,if implemented with the 30-foot wide culvert. Last week,the
attorney representing one of the adjacent property owners informed us there is"no way the
JOHNSON
April 5,2021
Page 2
owner will ever sell"the County an easement.Without that easement,the project cannot
move forward.
County designers have considered several alternative design options in order to move the
project forward.One option was to realign the centerline of the road to the north by nearly
12 feet and realign the stream channel to avoid the unwilling seller's property,and lower the
centerline profile in order to reduce the depth of the fill.This option was rejected because
the existing profile is in a sag vertical curve already,and lowering the profile further creates
both stopping and entering sight distance issues.
Another option that was considered is to realign the stream channel,to move it away from
the property that we are unable to purchase.The Department of Fish and Wildlife is not
receptive to a realignment of the stream channel at this time.
Another option considered was to install two 15-foot box culverts side-by-side in place of
the one 30-foot structure,and move the stream to the east in order to lessen right of way
issues.This option was rejected by the Department of Fish and Wildlife.
We are committed to replacing the culvert with one specified by the Department of Fish and
Wildlife.However,at this time,we do not have adequate funding or right of way to move
this project forward into construction.The County proposes that when property ownership
changes on the parcel refusing to provide an easement,the County at that time,will move
the project forward to construction.
The preliminary engineering work completed to date,such as the geotechnical report,
project survey,preparation of plans,and the culvert design can be utilized in the future.
When the property changes hands or otherwise becomes available,we will proceed with
acquiring the property rights for a full culvert replacement to be prepared for a future fish
habitat improvement project.
If you have any questions please contact David Smith,P.E.,Engineering and Construction
Manager,at 360-427-9670 ext. 523.
Sincerely,
Randy Neatherlin,Chair
Mason County Commissioner
RN:DNS
Cc: File