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HomeMy WebLinkAbout2021/08/30 - Briefing Packet MASON COUNTY COMMISSIONER BRIEFING INFORMATION FOR WEEK OF August 30, 2021 In the spirit of public information and inclusion, the attached is a draft of information for Commissioner consideration and discussion at the above briefing. This information is subject to change, additions and/or deletion and is not all inclusive of what will be presented to the Commissioners. Please see draft briefing agenda for schedule. CO I854 To be in compliance with Proclamation by the Governor 20-25.14 and Order of the Secretary of Health 20-03.3, in-person attendance is restricted. Our Commission meetings are live streamed at http://masonwebtv.com/ and we will accept public comment via email dlz@co.mason.wa.us; or mail to Commissioners Office, 411 North 5th Street, Shelton, WA 98584; or call 360-427-9670 ext. 419. If you need to listen to the Commission meeting via your telephone, please provide your telephone number to the Commissioners'office no later than 4 p.m. the Friday before the meeting. BOARD OF MASON COUNTY COMMISSIONERS DRAFT BRIEFING MEETING AGENDA 411 North Fifth Street, Shelton WA 98584 Week of August 30, 2021 Monday Noon WA State Association of Counties Zoom Meeting* Virtual Assembly Monday and Thursday 8:00 A.M. Area Command Meeting* Public Works Meeting Room A 100 Public Works Way *This is being noticed as a Special Commission Meeting because a quorum of the Mason County Commission may attend this event and notification is provided per Mason County Code Chapter 2.88.020 - Special Meetings Monday, August 30, 2021 Commission Chambers Times are subject to change, depending on the amount of business presented 9:00 A.M. Executive Session — RCW 42.30.110 (1)(i) Potential Litigation 9:30 A.M. Executive Session — RCW 42.30.110 (1)(i) Potential Litigation 9:45 A.M. Support Services — Frank Pinter 10:15 A.M. Community Services — Dave Windom 10:45 A.M. BREAK 10:50 A.M. Public Works— Loretta Swanson Utilities & Waste Management 11:15 A.M. Sheriff's Office — Undersheriff Adams/Sheryl Hilt Briefing Agendas are subject to change,please contact the Commissioners'office for the most recent version. Last printed 08/26/21 at 3:29 PM If special accommodations are needed,contact the Commissioners'office at ext.419,Shelton#360-427-9670;Belfair #275-4467,Elma#482-5269. 11:30 A.M. Juvenile Court— Jim Madsen 11:35 A.M. Economic Development Council — Jennifer Baria 11:45 A.M. Executive Session — RCW 42.30.110 (1)(c) Real Estate Noon BREAK 1:00 P.M. Executive Session — RCW 42.30.110 (1)(g) Review Qualifications of Applicants for County Administrator Commissioner Discussion — as needed Briefing Agendas are subject to change,please contact the Commissioners'office for the most recent version. Last printed 08/26/21 at 3:29 PM If special accommodations are needed,contact the Commissioners'office at ext.419,Shelton#360-427-9670;Belfair #275-4467,Elma#482-5269. Mason County Support Services Department Budget Management Cp� 411 North 51h Street Commissioner Administration r 1- Emergency Management Shelton, WA 98584 Facilities, Parks&Trails 360.427.9670 ext. 419 Human Resources Information Services Labor Relations /xu Risk Management MASON COUNTY COMMISSIONER BRIEFING ITEMS FROM SUPPORT SERVICES August 30, 2021 • Specific Items for Review o Appointments to the Veterans Advisory Board (VAB)/Amendments to the VAB Policy—Diane o Tax Title Sale Report— Diane/McKenzie o Agreement with City of Shelton Re: Building 10 Stormwater— Frank o Purchase of 16.2 acre parcel of property from PUD (parcel 42004-40-00000) — Frank o Sale of tax title parcel 42110-41-00011 to Skokomish Tribe - Frank o Results of the lobbyist RFP— Frank o Public Safety Testing subscriber agreement— Becky • Commissioner Discussion J:\DLZ\Briefing Items\2021\2021-08-30.docx MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Diane Zoren DEPARTMENT: Support Services EXT: 747 BRIEFING DATE: August 30, 2021 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEM: Amendments to Veteran Advisory Board (VAB) Policy for Veterans' assistance program and VAB appointments EXECUTIVE SUMMARY: RCW 73.08.010 authorizes counties to establish a veterans' assistance program to address the needs of local indigent veterans and their families. The program is funded by the Veterans' Assistance Fund created under the authority of RCW 73.08.080. The Veterans' Advisory Board (VAB) was established under the authority of RCW 73.080.035 and they administer the veterans' assistance program. The VAB has recommended the policy be amended to reflect acceptable documents for proof of service: Accepted documents include the following: DD-214 showing Honorable, General Under Honorable or Other Than Honorable (OTH); DD215 Correction to Military Record DD-214; Honorable or General Under Honorable Discharge Certificate; Reserve Discharges & Certificates; National Guard Discharge NGB22, DD256 & Certificates Mason County appoints two members to the VAB; Dan Dittmer's term is up in November and he wishes to be reappointed; we have two applicants for the 2"d vacant position — Pamela Stevens y Perez and David Peppard. BUDGET IMPACTS: None Recommendation: Place amended VAB policy on the September 14 agenda; reappoint Dan Dittmer and interview or appoint for 2"d VAB position Briefing Summary 8/20/2021 MASON COUNTY VETERANS' ADVISORY BOARD OPERATING POLICY & PROCEDURES These Amendments are adopted and effective this 141h day of September,2021 Mason County,Washington -------------------------------------------- Randy Neatherlin,Chair -------------------------------------------- ATTEST: Kevin Shutty,Commissioner ---------------------------------- ------------------------------------------- McKenzie Smith,Clerk of the Board Sharon Trask,Commissioner Adopted June 11,2019 MASON COUNTY VETERANS' ADVISORY BOARD OPERATING POLICY & PROCEDURES TABLE of CONTENTS I. Organizational Policies...............................................................................................................................3 II. Financial Policies........................................................................................................................................3 III. Policy Establishing Board..........................................................................................................................4 IV. Eligibility Policies......................................................................................................................................4 V. Referral to Other Services.........................................................................................................................5 VI. Appeal and Resolution Policy...................................................................................................................5 VII. Application Procedures...........................................................................................................................6 VIII. Processing of Packet Procedures...........................................................................................................7 IX. Records, Files, Forms and Reports...........................................................................................................7 X. List of Attachments (Att.)..........................................................................................................................8 Page 2 of 8 Adopted 08/21/2018 1. Organizational Policies a. All RCWs(Revised Code of the State of Washington)within Chapter 73.08 RCW VETERAN'S RELIEF,with other RCWs and Mason County Resolutions will be used and referred to throughout this policy. b. The purpose of the Mason County Veteran's Assistance Fund(VAF) is to provide relief as set forth in RCW 73.08.010 to indigent and suffering veterans,their families and the families of deceased indigent veterans. c. Any honorably discharged veterans or veterans with a General Discharge Under Honorable Conditions or a General Discharge with Other than Honorable Conditions (Administrative Discharge),as outlined in RCW 41.04.005 and RCW 41.04.007,and meeting the criteria in I-b may apply. Accepted documents include the following: DD-214 showing Honorable,General Under Honorable or Other Than Honorable(OTH); DD215 Correction to Military Record DD-214; Honorable or General Under Honorable Discharge Certificate; Reserve Discharges&Certificates; National Guard Discharge NG1322,DD256&Certificates. d. These policies and procedures are subject to review annually by the VAB. 1) If a revision is made,it is so noted and a narrative of revision is put in VAB minutes. 2) If no revisions are made,the date of review is noted,and put in VAB minutes. 3) Post Commanders will be advised concerning any revisions and reviews recommended by the VAB. 4) MCC has final approval of all revisions. e. The VAB will meet the second Wednesday of each month at 10:00am at the Memorial Hall on 2nd. and Franklin St.,in Shelton,WA. f. A quorum must be met to conduct any business that may come before the board. g. If a quorum is not met,the Chair may contact other members via phone/text messaging or by e- mail. h. Upon reaching a member,and member agrees to be part of the meeting,thus creating a quorum,the Chair must remain in contact with the member throughout the meeting. II. Financial Policies a. The funds for creating a Veterans'Assistance Fund(VAF) RCW 73.08.080,is generated from a tax levied by the Mason County Commissioners (MCC),use of the fund is governed by same RCW. b. Approval of the one thousand two hundred ($1,200) dollars for assistance shall be granted only for the following: 1) Past Due Rent or Mortgage 2) Past Due Utilities: i. Electric ii. Water iii. Natural Gas iv. Wastewater(sewer) 3.) Miscellaneous Items: i. Necessity Items (refer to list-Attachment A) a. Single$150.00 b. Married$200.00 c. +$50.00 per dependent ii. Needed Fire Wood or Propane 4) Other Items i. Obtain state ID card(one time only) c. Exclusions will include,but not limited to alcohol,tobacco,lottery tickets. d. Purchases in excess of the amount written on the check are the responsibility of the applicant. e. No cash back will be given to the applicant if purchases are less than the amount written on the check. Page 3 of 8 Adopted 08/21/2018 f. All requests for assistance will be approved by the Veterans Service Officer(VSO),with final approval by the MCC. g. If it is determined an applicant is in need of assistance due to any event,catastrophic illness or other significant change in circumstance which comes into being unexpectedly and is beyond the applicants'management or control,the VSO may request in writing that Mason County consider approval of an amount not to exceed a one thousand ($1,000.00) dollar lifetime limit per applicant. h. The intent of the VAF is not to replace assistance from any other agency,and assistance is granted on a"Case by Case"basis only. i. The VAF is not intended to provide continuing assistance on a routine basis. j. The VAF shall not duplicate other available assistance for the purposes as noted in I1.(b) III. Policy Establishing Board a. RCW 73.08.035 states each county must establish a Veteran's Advisory Board (VAB),the board shall advise MCC on the needs of local indigent veterans,the resources available to local indigent veterans,and programs that could benefit the needs of local indigent veterans and their families. b. The VAB is comprised of veterans from the community"at large",and representatives from nationally recognized veterans'service organizations within Mason County.Per said RCW,no fewer than a majority of the board members shall be members from a nationally recognized veterans'service organization and only veterans are to serve on the board. Service on the board is voluntary. c. Mason County Resolution NO.05-15 allows for appointment of two members residing in Mason County from each Nationally Recognized Veterans'Service Organizations to be appointed to the Veteran's Advisory Board (VAB),and two members"at large". d. The VAB will consist of a ten(10)member board;members are appointed as follows: 1) American Legion(2 members) 2) Veterans of Foreign Wars (2 members) 3) 40 et 8 (2 members) 4) Disabled American Veterans (2 members) 5) Two (2) Mason County resident veteran(at large) e. Commanders of these organizations will not be members of the VAB. f. Commanders will appoint the members from their organization to serve on the VAB for the purpose of overseeing the VAF. g. These members may be appointed or removed at the discretion of their commander. h. The first appointment of members shall be three (3)members for a three(3)year term,and four (4)members for a two (2)year term. i. Thereafter all terms will be two (2)year terms. j. The MCC reserves the right to disallow VAB appointee for cause. IV. Eligibility Policies a. RCW 73.08.005 and other provisions in RCW Title 73 shall govern eligibility assistance to indigent and suffering veterans and/or families. b. The county defines"indigent and suffering"to mean the current poverty level as defined by the United States Department of Health and Human Services (HHS) found at https://aspe.hhs.gov/poverty-guidelines Page 4 of 8 Adopted 08/21/2018 c. Family members entitled to apply for assistance shall be defined as spouse or domestic partner, surviving spouse or surviving domestic partner,and dependent children of a living or deceased veteran. d. Applicants must be a resident of Mason County for at least ninety(90) days. e. Applicant and anyone over the age of 18 in the household must present proof of residency and income.If no income,an affidavit must be signed by both the veteran and household member. (Att. B) f. An applicant may use hotel/motel receipts as proof of residence,provided that: 1) All receipts show a minimum of a 90 (ninety) day stay with in Mason County. 2) The 90 (ninety) day stay must be continuous. 3) All receipts must be in the applicant's name. 4) All receipts must be original (no copies). g. Under the federally-established poverty guidelines,the gross income after taxes and deductions for medical insurance premium,including Medicare,of the veteran and all members of the household must be at or below 150%of the poverty guidelines established by the HHS. h. Veterans making above the 150%and who do not have an emergency financial situation will not be eligible for assistance. i. An applicant may have a source of income above the aforementioned 150%and still be considered indigent on an emergency basis. j. Lack of funds because of bad financial management of an adequate source of income does not make the applicant indigent. V. Referral to Other Services a. As per RCW 73.08.070 the county shall assist indigent veterans with burial or cremation costs of three hundred($300.00) dollars minimum or up to one thousand ($1,000) dollars. b. The burial assistance is in addition to prior twelve hundred thousand ($1,200.00)dollars limitation as outlined in II-b. c. In an effort to maximize dollars and provide for as many as possible applicants,and when appropriate,the veteran may be referred by the VSO to other veteran services and to other community resources for services. VI. Appeal and Resolution Policy a. If an applicant has either by accident or on purpose falsely filed a claim,or has misused monies from the Veterans'Assistance Fund,the following will apply: 1) A letter is given to the applicant,from the County,denying further use of this fund,until the false claim is resolved. 2) A copy of that letter will be sent to the Veterans'Service Office,to be placed in the offending applicant's file. 3) The applicant's file will then be"Red Flagged",and denied further use until the problem is resolved. b. To resolve the claim,the applicant can clear their name by: 1) If applicant feels this is unjustified,they may appeal in writing to the Veterans'Advisory Board within fifteen (15) days of notification. 2) The appeal will be reviewed by the VAB at the next regular scheduled meeting and a decision will be made no later than the next regular scheduled meeting. 3) Approval or Disapproval requires a"Super Majority"vote by the entire VAB. Page 5 of 8 Adopted 08/21/2018 4) The applicant may file an appeal,in writing,with the Mason County Commissioners.A decision in regard to appeal may take up to 30 days. c. The applicant may repay any and all monies that have come into question,and may not have access to these funds for one(1)year after payment d. If the applicant elects not to do VI.b.or VI.c.there will be a two(2)year probationary wait period. After the wait period is over,the applicant must"in writing"request to receive these funds once more,a decision will be forthcoming. e. If it is found that the applicant has done this two(2)times,they will be permanently denied from using this fund. VII.Application Procedures a. Upon arriving at the VSO office the applicant will be asked to sign-in. b. The applicant is then screened about their assistance needs,residence,income,and their eligibility,an"Assistance Fund Application(AFA) (Att.C)and a Rental/Mortgage Verification"(Att. D)form must be filled out as part of the application process. c. If the applicant does not have all needed information or documentation,they will be given a form "Veterans'Assistance Fund Documents Checklist"(Att.E)to help them gather the needed information and return form to VSO. d. If an applicant cannot show proof of service,a"Standard Form 180"(Att.F)will be given to them to be filled out and sent in,they can also go to the VA at American Lake to get proof of service. e. If two or more applicants are sharing the same physical residency,then all income is considered as one. f. Only one application may be used for any single physical residency. g. If an applicant has a"Sub-Lease Agreement",then VII 0)will apply. h. When an applicant has requested assistance for past due rent or mortgage payment,II.(b)(1), and has gone through the screening process.The VSO will call the landlord to inform them that the veteran has applied for assistance,and that a letter of"Recommendation for Payment"(Att.G)will be forthcoming. i. The applicant will then be given a form"Rental/Mortgage Verification"(Att.D)to be given to the landlord.This form must be filled out by the landlord or lien holder,notarized and sent back or taken to the VSOs'office.The VSO will then verify all information on the form. j. Shared Dwelling: 1) In the case of a veteran sharing a dwelling with another person who is not a family member as defined in Operating Policy item IV(c),the rental amount will be prorated by the number of people living in the dwelling. 2) In the case of a veteran sharing a dwelling with another person who is not a family member as defined in Operating Policy item IV(c),the utility expenses will be prorated by the number of people living in the dwelling. 3) In the case of a veteran sharing a dwelling with another person who is not a family member as defined in Operating Policy item IV(c),the firewood/propane expenses will be prorated by the number of people living in the dwelling. k. When an applicant has requested assistance for past due utilities(electric,water or natural as)II (b)(2),and has gone through the screening process.The applicant must have a"Past Due"pink slip(s)stating that service will be discontinued. 1. Some utilities companies,i.e.Shelton Utilities,do include garbage within the water bill,in this situation where the bill is"combined",the whole bill is paid. Page 6 of 8 Adopted 08/21/2018 m. The VSO will call the utilities company to verify the current amount to be paid,and inform them that the veteran has applied for assistance and that a letter of"Recommendation for Payment" (AttG) will be forthcoming. n. When an applicant requests assistance for firewood or propane and has gone through the screening process,the VSO will call a vendor to confirm prices and amount needed.The VSO will inform the vendor,the veteran has applied for assistance and that a letter of"Recommendation for Payment"(Att.G) will be forthcoming,VII(1)(3)also applies. o. The VSO will then fill out a"Purchase Order" (AttH)to be sent with"Assistance Fund Application" (AFA) (Att.C)for approval from MCC. p. When an applicant requests Miscellaneous Items or Other Items and has gone through the screening process,the VSO will,to the best of their ability,determine the needs of the applicant. q. The VSO will fill out the"Assistance Fund Application"(AFA) (Att.C),determine the amount,the vendor,and have the applicant sign the application with a full understanding of the request. r. Necessity Items check(s)are issued in fifty dollar increments.The applicant will be given an itemized list of authorized items that may be purchased.(Att.A) s. After all needed information and documentation is gathered from the applicant and outside sources,the AFA is then completely filled out and the packet is complete. t. It is the VSOs'responsibility to ensure all information in the packet is correct and verified. u. When the completed packet is sent on to MCC,it will have a copy of"Recommendation for Payment"as a cover sheet(AttG)or"Assistance Fund Application"(Att.Q. v. The VSO reserves the right to refuse service to disorderly or abusive individuals.Service will be refused to individuals under the influence of alcohol and/or drugs.Applicants who are disorderly or abusive to Mason County employees or volunteers will be not be provided assistance and will be asked to leave the building. VIII. Processing of Packet Procedures a. Once the packet is received at the MCC office,it is date stamped and reviewed to ensure all information is correct and all supporting documentation is there. b. Applications submitted to the MCC for processing and have been determined to meet the necessary guidelines will have checks issued within three business days. c. Applicants who pick up his/or her check(s),must have proper picture ID,and must sign for check(s).Check(s)are sent out by mail the next business day following approval. d. Necessity Item check(s)that are issued will be stamped with: "No Alcohol or Tobacco","No Cash Back". e. Some delays may result if a legal holiday falls within the time period or if there are insufficient funds to release the check. f. A weekly list of"Approval of Expenditures"is sent to the VSO's office from the MCC office. g. A monthly list of"Approval of Expenditures"is sent to the MCC. IX. Records, Files, Forms and Reports a. It will be the responsibility of the VAB Chair,acting in concert with the VSO's to establish and maintain a record of each applicant requesting and/or receiving assistance from the VAF. b. The VSO will provide forms and reports of attendants,decisions,and record-keeping for clientele, e.g.,forms for vendors,initial applications,and VAB decisions. c. Each October,the VAB,acting in concert with the VSOs shall produce an annual report for the MCC, containing the following information: 1) The number of requests for assistance received during the calendar year. 2) The number of requests for assistance for which assistance was given. Page 7 of 8 Adopted 08/21/2018 3) The number of requests for assistance for which assistance was not provided and a narrative description of the reasons assistance were not provided. 4) The total dollar value of assistance provided on a monthly basis. 5) A narrative description of non-monetary assistance provided by the VAB. 6) Meeting minutes as an attachment. 7) A copy of appeals as an attachment. d. If any section of these policies or procedures is determined to be in conflict with federal,state.or county laws,ordinances or directives,then said section will be void and the aforementioned laws, ordinances or directives shall prevail. X. Attachments (Att.) A.VAF Necessity Itemized List B.Affidavit of Income C.Assistance Fund Application (AFA) D.Rental/Mortgage Verification E.Veteran's Assistance Documents Checklist(S&S form) F.Request Pertaining to Military Records (Standard Form 180) G.Recommendation For Payment H.Mason County Veterans Service Office-Purchase Order Page 8 of 8 Adopted 08/21/2018 _ Cc:CMMRS Neatherlin, Shutty, Trask Clerk b, Z&-v1L1y\ (\()e_ t4_ �06°�' CO MASON COUNTY COMMISSIONERS 411 NORTH FIFTH STREET SHELTON WA 98584 _-= Fax 360-427-8437, Voice 360-427-9670, Ext. 419;275-4467 or 482-5269 1854 I AM SEEKING APPOINTMENT TO Veterans Advisory Board NAME: Pamela C. Stevens y Perez ADDRESS: PHONE , CITY/ZIP: VOTING PRECINCT: WORK PHONE: �(OR AREA IN THE COUNTY YOU LIVE) E-MAIt: -----------------------------------------—------------------------------------------------- COMMUNITY SERVICE EMPLOYMENT: (IF RETIRED, PREVIOUS EXPERIENCE) (ACTIVITIES OR MEMBERSHIPS) COMPANY: . Okanogan County Vets Svc Office,2 YRS Amarican I aginn Grand Cnulep nam Pnst US active member POSITION: County Veterans Service Officer US Armed Forces gany Pro=ect, Tonasket WA, active member COMPANY: Placer County Ag, Wts & Measures, 3 YRS POSITION: Administrative Clerk, Journey -------------------------------------------------------------------------------------------- In your words, what do you perceive is the role or purpose of the Board, Committee or Council for which you are applying: All rntmties in the State of Washingtnn are required to maintain a Veteran,; Assistance Fund to aid low-income veterans.The Veterans Advisory Board oversees the rules governing both itself and these funds, and makes recommendations to the County Commissioners tor the budgeiii q ol U ie funds. Additionally, the Board assists the County Veterans Service Officer with maintaining records of each Assistance Fund applicant and helps to compile a yearly report for the County Commissioners. What interests, skills do you wish to offer the Board, Committee, or Council? I sewed 24; Okanogan County Veteraps Se Pilce Officer for alrnQst two yea�s, 2nd as assistant for sox months- I regularly typed and submitted proposals and by-law changes, maintained a case log for Veterans Assistance Fund applicants, an assisted veterans In submitting claims for disabIIjW,_ffe_aIthcare, and burials. Please list any financial, professional, or voluntary affiliations which may influence or affect your position on this Board: (i.e. create a potential conflict of interest) with Masen County. Your participation is dependent upon attending certain trainings made available by the County during regular business hours (such as Open Public Meetings Act and Public Records).The trainings would be at no cost to you.Would you be able to attend such trainings? Yes Realistically, how much time can you give to this position? Q X Monthly Weekly Daily Office Use Only 07/31/20a Appointment Date Signature Date Term Expire Date Pamela Stevens y Perez 351 E Dartmoor Dr Shelton, WA 98584 (509) 879-2692 pam_stevens@davi dstevens.org July 31, 2021 Cc)mmissioners Mason County Commissioners 411 N 5th St Shelton, WA 98584 Dear Commissioners: I am interested in the open at-large position on the Mason County Veterans Advisory Board. Attached are my application and a copy of my DD-214. I was recently the Okanogan County Veterans Service Officer and worked closely with the Veterans Advisory Board there, and as such am very familiar with the Veterans Assistance Fund. Please feel free to contact these Okanogan County Veterans Advisory Board members for references: Eric Fritts (efritts@co.okanogan wa us), Michael Stewart (michaelstewart169@gmail com), or Dale White (dalewh2@gmail.com). I offer my experience and desire to help veterans to the Board. Thank you for considering my application. Sinc ely Pamela Stevens y Perez Enclosures \ Cc:CNKARSNeathedn. Shutty.Trask . ClerkUj6,hf_ , NDCAAe- 2���()8/ (��'[/�/T� IVIC�'� ���//mzm��uz�� 42lNOMZBFIFTI-Jr SIBEE T SffEl.TC>y7 147A. 9858A Fax360'427+9437; Voice 3OO427,11O-11EA'. 4/9;275-4407or482-5260 ^/ K8aonn count/ Connrni�sionens CITY/ZIP: VOTING PRECINCT: WORK PHONE: '-'-- - -'- --- - -- --- -- -_---- --- ---- -'- - - - '-- ------- ' -- -'--- COMMUNITY SERVICE EMPLOYMENT: (IF RETIRED. PREVIOUS EXPERIENCE) (^crwmcoonMe^osnSo/,x) COMPANY: YJRS POSITION: ,:: n�� ����� �Is Y�/ 5 POSITION: �K �_U7/� V 4 _L-____ __ _ ________ _ _ _____ ___ ___________ In Your words, what do you perceive is the role or purpose of the Board, Committee or Council for which you are applying: What interests, skills do you wish tn offer the Board, Committee,orCouncil? � P|oano list any financial, profeoniona|, or voluntary affiliations which may influence or affect your position on this Board: (ie.create a potential conflict ofinterest) I-- Your participation is dependent upon attending certain trainings,made available by the County dLIriIIg regular business hours (such ao Open Public Meetings Act and Public Rennndn).The tnainingx would beutnu cost b/you.Would You bo able(n attend Such ira{nings? Realistically,how much time can you give to position? 5- // (/5 �uartedy Monthly Daily Office Use Only Oak- ����������--------- 4--�----- MASON COUNTY BRIEFING ITEM SUMMARY FORM To: Board of Mason County Commissioners From: McKenzie Smith Department: Support Services Ext: 589 Briefing Date: August 30, 2021 Previous Briefing Dates: If this is a follow-up briefing, please provide only new information Item: Recap of the Tax Title Auction held July 9, 2021 and July 23, 2021. Executive Summary: 30 Tax Title parcels were put up for auction on www.bid4assets.com; 27 parcels were sold, 1 parcel was pulled for consideration of a separate sale to the Skokomish Tribe, and 2 did not sell. The total minimum bid was $108,871.37 and total winning bids equaled $311,361.00. Of the 2 parcels that did not sell, one has an outstanding lien from the Health Department and one is a 10' strip of land intersecting another parcel. Budget Impact: Please see attached spreadsheet for the breakdown of disbursements. Recommended or Requested Action: Per RCW 36.35.150 — when no acceptable bids are received at public auction, private sale can be made within twelve months of the date of the attempted public auction. For parcel # 22129-75-00060, there is an outstanding lien from the Health Department which is a deterrent to purchasers. It is recommended to work with the Health Department to release the lien before attempting to sell. For parcel # 31908-31-03010, it is a 10' strip of land that intersects parcel # 31908-31- 00020. It is recommended to reach out to that property owner and try to negotiate a sale. Attachments: 2021 Tax Title Sale Report N ^a8n « " y e e i aR"« q 18 5t » " $ R a R a o a 6 e a e 8 8 $ Q@ 8@ R 6 8 8 8 8 8 8 8 8 $ 88p 8 @@ @ 8 88 R R R R R RR88 R R 8, 8, 8 RR R 8 R R R R R R RRR a x s Y " ; a F $ » » « » » » » »»» a y lz MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Frank Pinter DEPARTMENT: County Administration EXT: 530 BRIEFING DATE: 8/30/2021 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEM: Shelton Private Storm Facilities Agreement and O&M Manual for Permit Requirements for Civil and Landscape phase of Building 10 Background: The City of Shelton requires the owners of Building 10 to agree to a Storm Facilities Agreement that requires the county to maintain the storm water management systems built in this phase of the construction on an annual basis going forward. The Facilities department is aware of the requirements and has agreed that they can maintain. RECOMMENDED ACTION: Recommend to Sign attached Shelton Private Storm Facilities Agreement with O&M Manual attachment Budget Impact: Estimated less than $3,000 annual cost Attachment: Agreement of SFi£tTO v 2 `L'9SN I N GEC) AFTER RECORDING, RETURN TO: City of Shelton Engineering Division 525 W. Cota Street Shelton, WA 98584 NO CHANGE IN TAX STATEMENTS OWNER: Mason County 411 N 5th Street Shelton, WA 98584 CITY: City of Shelton, a Washington municipal corporation PRIVATE STORMWATER FACILTIES AGREEMENT BACKGROUND A. Owner owns real property legally described in Exhibit A ("Property") and depicted in Exhibit B (sketch), both of which are attached and incorporated by these references. B. Owner developed or will develop the private stormwater facilities ("Facilities") listed in Exhibit C (site plans and operations and maintenance plan(s)), which is attached and incorporated by this reference. C. The Facilities enable development of property while mitigating the impacts of additional surface water and pollutants associated with stormwater runoff prior to discharge from the property to the public stormwater system and/or infiltration facility. The consideration for this Agreement consists in part of other property or value given or promised, the receipt and sufficiency of which is acknowledged by the Owner. D. The Facilities are designed by a registered professional engineer to accommodate the anticipated volume of runoff and to detain and treat runoff in accordance with Shelton Municipal Code Chapter 13.02, and the City Engineering Design and Construction Standards Manual. E. Failure of the Ownerto inspect and maintain the Facilities can result in unacceptable impacts to the public stormwater system and/or to other private property owners. Revised by City Attorney July 2021 PRIVATE STORMWATER FACILITIES AGREEMENT Page 2 of 5 THE PARTIES AGREE AS FOLLOWS: 1. Owner's Obligations. 1.1. Owner shall require its registered professional engineer responsible for the design to provide Owner with an Operations and Maintenance Plan (0&M Plan) for each Facility. The O&M Plan shall comply with the State of Washington Department of Ecology Stormwater Management Manual for Western Washington, and if applicable, the manufacturer's operation and maintenance guidelines, to determine the required frequency and maintenance required for each Facility in Exhibit C. 1.2. Owner, or his or her designee, agrees to operate, inspect, and maintain each Facility on the Property in accordance with the O&M Plan, including any subsequent modifications to the O&M Plan. 1.3. Owner shall maintain a log of inspection activities that shall be available to the City upon request, or during City inspections. 2. Deficiencies. All aspects in which the Facilities fail to satisfy the O&M Plan shall be noted as "Deficiencies." 3. Owner Corrections. All Deficiencies shall be corrected at Owner's expense within thirty (30) days' after completion of the inspection. 4. City Inspections. Owner grants City or its Agents the right to inspect the Facilities. City will endeavor to give ten (10) days' prior written notice to Owner, except that no notice shall be required in case of an emergency. City shall determine whether Deficiencies need to be corrected. Owner shall be provided notice at the address provided at the beginning of this Agreement, or to another address Owner designates in writing to City. Owner will be notified in writing through the US Mail of the Deficiencies and shall make corrections within 30 days of the date of the notice. 5. City Corrections. If correction of all Owner or City identified Deficiencies is not completed within thirty (30) days after the City provides notice and completes its inspection, the City shall have the right to have any Deficiencies corrected. 5.1. The City and its Agents shall: (i) have access to the Facilities for the purpose of correcting such Deficiencies, and (ii) shall bill Owner for all costs reasonably incurred by City for work performed to correct the Deficiencies (City Correction Costs) following Owner's failure to correct any Deficiencies in the Facilities. 5.2. Owner shall pay City the City Correction Costs within thirty (30) days of the date of the invoice. Owner understands and agrees that upon non-payment, City Correction Costs shall be secured by a lien on the Property. The charges for the City Correction Cost shall include, but are not limited to, consultant design and inspection fees, construction labor and material costs, landfill fees, administration fees, legal fees, and the interest accrued on the unpaid balance. Revised by City Attorney July 2021 PRIVATE STORMWATER FACILITIES AGREEMENT Page 3 of 5 6. Emergency Measures. If at any time City reasonably determines that the Facilities create any imminent threat to public health, safety or welfare, City may immediately and without prior notice to Owner take measures reasonably designed to remedy the threat. City shall provide notice of the threat and the measures taken to Owner as soon as reasonably practicable, and charge Owner for the cost of these corrective measures. 7. Owner's Warranty. Owner warrants to the City that the person executing this Agreement on behalf of Owner is duly authorized to enter this Agreement. 8. Breach; Remedies; Equitable Relief. Owner acknowledges that the rights granted to the City are unique in that money damages alone for breach of this Agreement by Owner are inadequate, and that the City may bring an action at law or a suit in equity to obtain relief, including specific performance, injunctive relief and any other available equitable remedy. 9. Legal Effect; Shall Run with the Land. This Agreement shall become effective and binding on the date signed by the Owner and inure to the benefit of Owner and the City, and their respective heirs, personal representatives, successors and assigns. This Agreement shall run with the land. 10. Amendments. The terms of this Agreement may be amended only by mutual agreement of the parties. Any amendments shall be in writing, shall refer specifically to this Agreement, and shall be valid only when executed by the owners of the Property and the City, and recorded in the Official Records of the county where the Property is located. 11. Attorneys' Fees. In the event any action is brought to enforce, modify or interpret the provisions of this Agreement, each party shall bear the expense of its own attorney fees and costs incurred in connection with such action. 12. Severability. Nothing contained in this Agreement shall be construed to require the commission of any act contrary to law, and if there is any conflict between any provisions of this Agreement and any present or future statute, law, ordinance or regulation to which the parties have no legal right to contract, the latter shall prevail. However, the provision of this Agreement, which is affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law, and all other provisions of the Agreement shall remain in effect. 13. Waiver. Either Party's failure to require performance of any provision of this Agreement shall not limit the party's right to enforce the provision, nor shall any waiver of any breach of any provision be a waiver of any succeeding breach of the provision or a waiver of the provision itself or any other provision. THIS AGREEMENT is entered into this day of , 20_, and will be recorded by the Owner in Mason County and a recorded copy provided to the City. CITY: Revised by City Attorney July 2021 PRIVATE STORMWATER FACILITIES AGREEMENT Page 4 of 5 City Manager Date City Engineer Date *SIGNATURES CONTINUE ON FOLLOWING PAGE* Revised by City Attorney July 2021 PRIVATE STORMWATER FACILITIES AGREEMENT Page 5 of 5 INDIVIDUAL OWNER(S) SIGN BELOW: PARTNERSHIP, LLC, CORPORATION, TRUST, OR OTHER LEGAL ENTITY SIGN BELOW: Owner's Signature Entity name Printed Name STATE OF WASHINGTON ) Signature ss. County of ) This instrument was acknowledged before me on Printed Name of Person, Title 20J by STATE OF WASHINGTON ) (Name). )ss. County of ) Notary Public for This instrument was acknowledged before me on My commission expires ,J20Jby (Name of person) (Title)of (Name of entity). Notary Public for Second Owner's Signature (if applicable) My commission expires Printed Name STATE OF WASHINGTON ) ss. County of ) This instrument was acknowledged before me on 20 , by (Name). Notary Public for My commission expires Revised by City Attorney July 2021 EXHIBIT A Property Legal Description LOT 1-8, BLOCK H, DAVID SHELTON'S FIRST ADDITION TO SHELTON, AS RECORDED IN VOLUME 1 OF PLATS, PAGE 2, RECORDS OF MASON COUNTY, WASHINGTON. TOGETHER WITH VACATED ALLEY IN SAID BLOCK H, WHICH WOULD ATTACH TO SAID LOTS BY OPERATION OF LAW UPON VACATION THEREOF. Revised by City Attorney July 2021 EXHIBIT B Property Legal Description Sketch I I Revised by City Attorney July 2021 EXHIBIT C Private Stormwater Facilities Operations and Maintenance Plan(s) Attach the following items: 1. City approved site construction plans identifying the impervious surfaces subject to treatment, detention, and discharge, at each proposed stormwater facility. 2. City approved site construction plan for each proposed stormwater facility. 3. City approved Operations and Maintenance Plan(s) for each proposed stormwater facility. Refer to Section 1.1 4. Site map showing the location(s) of each the facility on the subject property. Revised by City Attorney July 2021 EXHIBIT C Project Information Parcel No: 320195108001 Address: 414 West Franklin Street, Shelton, WA 98584 System Description The onsite stormwater system is comprised of the following elements: - Roof drain downspouts from the existing building. - A linear trench drain located in the southeast corner of the site which allows surface runoff to escape the parking lot and enter the public right-of-way.This trench drain is partially within the parcel and the public right-of-way. - Ayard drain in the landscaping bed near the northeast corner of the site. - An Oil/Water separator that accepts stormwater from the public right-of-way as well as the private onsite storm system. Stormwater is subsequently routed to the north and into the City Springs Creek box culvert. - A catch basin located within the parking lot near the northeast corner of the building. The site will be maintained in compliance with the currently adopted DOE Stormwater Management Manual for Western Washington. The following pages contain descriptions of the maintenance needs for the components of the drainage system. A maintenance checklist for all system components should be completed on the following schedule: Monthly from November through April Once in later summer (preferably in September) After any major storm (use 1-inch in 24-hours as a guideline) Responsible Party: Phone: Note: A copy of this Operation and Maintenance Manual is to be kept onsite at all times and be available for inspection upon request by the City of Shelton. Description of Stormwater Facilities Catch Basins/Yard Drains-Catch basins are underground concrete structures typically provided with a slotted grate to collect stormwater runoff and route it through underground pipes. Catch basins can also be used as a junction in a pipe system and may have a solid lid. There are two catch basin types. Both catch basin types typically provide a storage volume (sump) below the outlet pipe to allow sediments and debris to settle out of the stormwater runoff. Some catch basins are also provided with a spill control device (inverted elbow on outlet pipe) intended to contain large quantities of grease or oils within the basin. Yard drains are similar to catch basins in that they are underground structures with slotted grates to collect stormwater runoff and route it through underground pipes. Yard drains are typically smaller than catch basins and made of plastic rather than concrete. Yard drains typically range in size from 6"to 24" in diameter. Compost Amended Soil - Naturally occurring (undisturbed) soil and vegetation provide important stormwater functions including: water infiltration; nutrient, sediment, and pollutant adsorption; sediment and pollutant biofiltration; water interflow storage and transmission; and pollutant decomposition. Compaction from construction can reduce the soils natural ability to provide these functions. Establishing a minimum soil quality and depth in the post-development landscape can regain some of these stormwater functions including increased treatment of pollutants and sediments that result from development and habitation, and minimizes the need for some landscaping chemicals. Sufficient organic content is a key to soil quality. Soil organic matter can be attained through numerous amendments such as compost, composted woody material, biosolids, and forest product residuals. Trench Drains-Trench drains are located at surface level and intercept runoff by means of a slotted grate.They typically have a linear orientation but can also be curved as suited for site conditions. Since trench drains have a large surface footprint while having minimal or no sump depth,they must be kept clean of debris and foreign objects to properly function.The slotted grate is anchored above a trough section which may be pre-manufactured or cast-in-place.This trough may have a flat (level) bottom or have a running slope to channelize and convey runoff to a specific discharge point.Typically, trench drains terminate at a junction structure or have a drop outlet connection where runoff leaves the trench drain and enters the downstream conveyance system. Oil/Water Separator - oil/water separators remove oil floating on the top of water. There are two general types of separators - the American Petroleum Institute (API) separators and coalescing plate (CP) separators. Both use gravity to remove floating and dispersed oil. API separators, or baffle separators, are generally composed of three chambers separated by baffles.The efficiency of these separators is dependent on detention time in the center, or detention chamber, and on droplet size. CP separators use a series of parallel plates,which improve separation efficiency by providing more surface area,thus reducing the space needed for the separator. Cost Estimate for Maintenance The cost estimate below assumes one worker and necessary equipment would cost $1,000 per day in labor ($200) and equipment costs ($800). Table]:Cost Estimate for Storm Maintenance Maintenance Activity Frequency Annualized Cost Catch Basin/Yard Drains/Oil-Water Separator Clear all trash/debris/vegetation Annually $400 blocking basin opening Remove sediment exceeding Annually $500 60% of sump depth Inspect for damage to frame Annually $100 or structure walls Remove oil from Oil-Water Annually $1,000 Separator Estimate of Total Annual Cost $2,000 Stormwater Facility Maintenance Log Use copies of this log sheet to track when maintenance checks occur, and which items, if any are repaired and altered. The completed sheets will serve as a record of past maintenance activities and will provide valuable information on how your facilities are operating.This information will be useful for future requirements regarding the types of facilities that are installed. Keep all log sheets in a designated area so that others can easily access them. Site Name: Mason County Date: Time: Courthouse Site Address: 414 West Franklin Street, Weather Shelton, WA 98584 Condition: Checked By: Part of Observations Follow-up Actions Date Facility (Things To Be Done) Taken Action Checked Taken No. 5—Catch Basins Maintenance Defect Conditions When Maintenance is Needed Results Expected When Component Maintenance is performed General Trash& Trash or debris which is located immediately No Trash or debris located Debris in front of the catch basin opening or is immediately in front of blocking inletting capacity of the basin by catch basin or on grate more than 10%. opening. Trash or debris(in the basin)that exceeds 60 No trash or debris in the percent of the sump depth as measured from catch basin. the bottom of basin to invert of the lowest pipe into or out of the basin, but in no case less than a minimum of six inches clearance from the debris surface to the invert of the lowest pipe. Trash or debris in any inlet or outlet pipe Inlet and outlet pipes free blocking more than 1/3 of its height. of trash or debris. Dead animals or vegetation that could No dead animals or generate odors that could cause complaints vegetation present within or dangerous gases(e.g., methane). the catch basin. Sediment Sediment(in the basin)that exceeds 60 No sediment in the catch percent of the sump depth as measured from basin the bottom of basin to invert of the lowest pipe into or out of the basin, but in no case less than a minimum of 6 inches clearance from the sediment surface to the invert of the lowest pipe. Structure Top slab has holes larger than 2 square Top slab is free of holes Damage to inches or cracks wider than 1/4 inch and cracks. Frame and/or Top Slab (Intent is to make sure no material is running into basin). Frame not sitting flush on top slab, i.e., Frame is sitting flush on separation of more than 3/4 inch of the frame the riser rings or top slab from the top slab. Frame not securely and firmly attached. attached Fractures or Maintenance person judges that structure is Basin replaced or repaired Cracks in unsound. to design standards. Basin Walls/ Bottom Grout fillet has separated or cracked wider Pipe is regrouted and than 112 inch and longer than 1 foot at the secure at basin wall. joint of any inlet/outlet pipe or any evidence of soil particles entering catch basin through cracks. Settlement/ If failure of basin has created a safety, Basin replaced or repaired Misalignment function, or design problem. to design standards. Vegetation Vegetation growing across and blocking more No vegetation blocking than 10%of the basin opening. opening to basin. Vegetation growing in inlet/outlet pipe joints No vegetation or root that is more than six inches tall and less than growth present. six inches apart. 4-36 Volume V—Runoff Treatment BMPs February 2005 No. 5—Catch Basins Maintenance Defect Conditions When Maintenance is Needed Results Expected When Component Maintenance is performed Contamination See"Detention Ponds"(No. 1). No pollution present. and Pollution Catch Basin Cover Not in Cover is missing or only partially in place. Catch basin cover is Cover Place Any open catch basin requires maintenance. closed Locking Mechanism cannot be opened by one Mechanism opens with Mechanism maintenance person with proper tools. Bolts proper tools. Not Working into frame have less than 1/2 inch of thread. Cover Difficult One maintenance person cannot remove lid Cover can be removed by to Remove after applying normal lifting pressure. one maintenance person. (Intent is keep cover from sealing off access to maintenance.) Ladder Ladder Rungs Ladder is unsafe due to missing rungs, not Ladder meets design Unsafe securely attached to basin wall, standards and allows misalignment, rust, cracks, or sharp edges. maintenance person safe access. Metal Grates Grate opening Grate with opening wider than 7/8 inch. Grate opening meets (If Applicable) Unsafe design standards. Trash and Trash and debris that is blocking more than Grate free of trash and Debris 20%of grate surface inletting capacity. debris. Damaged or Grate missing or broken member(s)of the Grate is in place and Missing. grate. meets design standards. February 2005 Volume V—Runoff Treatment BMPs 4-37 No. 16—Baffle OHNVater Separators (API Type) Maintenance Defect Condition When Maintenance is Results Expected When Component Needed Maintenance is Performed General Monitoring Inspection of discharge water for Effluent discharge from vault should obvious signs of poor water be clear with out thick visible sheen. quality. Sediment Sediment depth in bottom of vault No sediment deposits on vault Accumulation exceeds 6-inches in depth. bottom that would impede flow through the vault and reduce separation efficiency. Trash and Debris Trash and debris accumulation in Trash and debris removed from Accumulation vault, or pipe inlet/outlet, vault, and inlet/outlet piping. floatables and non-floatables. Oil Accumulation Oil accumulations that exceed 1- Extract oil from vault by vactoring. inch, at the surface of the water. Disposal in accordance with state and local rules and regulations. Damaged Pipes Inlet or outlet piping damaged or Pipe repaired or replaced. broken and in need of repair. Access Cover Cover cannot be opened, Cover repaired to proper working Damaged/Not corrosion/deformation of cover. specifications or replaced. Working Vault Structure Vault replaced or repairs made so Damage-Includes that vault meets design Cracks in Walls See"Catch Basins" (No. 5) specifications and is structurally Bottom, Damage to sound. Frame and/or Top Slab Cracks wider than 1/2-inch at the Vault repaired so that no cracks joint of any inlet/outlet pipe or exist wider than 1/4-inch at the joint evidence of soil particles entering of the inlet/outlet pipe. through the cracks. Baffles Baffles corroding, cracking, Baffles repaired or replaced to warping and/or showing signs of specifications. failure as determined by maintenance/inspection person. Access Ladder Ladder is corroded or Ladder replaced or repaired and Damaged deteriorated, not functioning meets specifications, and is safe to properly, not securely attached to use as determined by inspection structure wall, missing rungs, personnel. cracks, and misaligned. 4-48 Volume V—Runoff Treatment BMPs February 2005 No. 17—Coalescing Plate Oil Water Separators Maintenance Defect Condition When Maintenance is Results Expected When Component Needed Maintenance is Performed General Monitoring Inspection of discharge water for Effluent discharge from vault obvious signs of poor water should be clear with no thick visible quality. sheen. Sediment Sediment depth in bottom of vault No sediment deposits on vault Accumulation exceeds 6-inches in depth and/or bottom and plate media, which visible signs of sediment on would impede flow through the plates. vault and reduce separation efficiency. Trash and Debris Trash and debris accumulated in Trash and debris removed from Accumulation vault, or pipe inlet/outlet, vault, and inlet/outlet piping. floatables and non-floatables. Oil Accumulation Oil accumulation that exceeds 1- Oil is extracted from vault using inch at the water surface. vactoring methods. Coalescing plates are cleaned by thoroughly rinsing and flushing. Should be no visible oil depth on water. Damaged Plate media broken, deformed, A portion of the media pack or the Coalescing Plates cracked and/or showing signs of entire plate pack is replaced failure. depending on severity of failure. Damaged Pipes Inlet or outlet piping damaged or Pipe repaired and or replaced. broken and in need of repair. Baffles Baffles corroding, cracking, Baffles repaired or replaced to warping and/or showing signs of specifications. failure as determined by maintenance/inspection person. Vault Structure Cracks wider than 1/2-inch or Vault replaced or repairs made so Damage- evidence of soil particles entering that vault meets design Includes Cracks in the structure through the cracks, specifications and is structurally Walls, Bottom, or maintenance/inspection sound. Damage to Frame personnel determine that the vault and/or Top Slab is not structurally sound. Cracks wider than 1/2-inch at the Vault repaired so that no cracks joint of any inlet/outlet pipe or exist wider than 1/4-inch at the joint evidence of soil particles entering of the inlet/outlet pipe. through the cracks. Access Ladder Ladder is corroded or Ladder replaced or repaired and Damaged deteriorated, not functioning meets specifications, and is safe to properly, not securely attached to use as determined by inspection structure wall, missing rungs, personnel. cracks, and misaligned. February 2005 Volume V—Runoff Treatment BMPs 4-49 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Frank Pinter DEPARTMENT: County Administration EXT: 530 BRIEFING DATE: 8/30/2021 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEM: The County will purchase a 16.2-acre parcel of property from PUD 3 for the purpose of storing county archive documents, possible facilities substation, possible evidence storage, and future location of county jail. Background: The County has agreed to purchase Parcel 42004-40-00000 from PUD 3 for $320,000 based on the FMV appraisal attached. RECOMMENDED ACTION: Approve the resolution authorizing the purchase of Parcel 42004-40-00000 Budget Impact: Funded by REET 1 for $320,000 plus acquisition costs Attachment: Appraisal Resolution Restricted Appraisal Report Olympic View Generator Site 2201 W. Dayton Airport Road Shelton, Washington Prepared For: Mason County PUD #3 Real Estate Appraisers and Consultants ANDERSON U TELEPHONE(360)943-8400 • EMAIL: DEREKJ@ANDERSONAPPRAISALINC.COM P.O.BOX 2694 • OLYMPIA,WASHINGTON 98507 Date of Report: July 27, 2021 Mr. Robert Johnson Mason County PUD#3 Shelton, WA 98584 robertw@masonpud3.org Re: Olympic View Generator Site 2201 W. Dayton Airport Road Shelton, Mason County, Washington File No. 6257-21 Dear Mr. Johnson: In accordance with our engagement, Anderson Appraisal, Inc. evaluated the above referenced property,utilizing best practice appraisal standards for this property type. The analyses, opinions and conclusions communicated within this Restricted Appraisal Report were developed based upon our interpretation of the current requirements of the Uniform Standards of Professional Appraisal practice (USPAP). The purpose of this appraisal is to develop an opinion of the Market Value of the subject property's Fee Simple Estate. This Restricted Appraisal Report is presented in the format required by USPAP Standards Rule 2-2(b),and cannot be used or relied upon by any other party other than the client. Client is further advised that the opinions and conclusions set forth in the report may not be properly understood without additional information contained in the appraiser's work file. The following table conveys the final opinion(s)of market value that are developed within the body of the report. N ,1111C I �pv Value Premise Value Interest Effective Indicated Perspective Appraised Date Value Market Value As Is Current Fee Simple 7/20/2021 $320,000 The appraisal report has been prepared for the exclusive benefit of Mason County PUD#3. It may not be used or relied upon by any other party without our written consent. The reader's attention is directed to the Underlying Assumptions and Limiting Conditions, on page 21. We appreciate the opportunity to serve you,and if you have any questions regarding this report,please feel free to call. SinQcereelly, v Derek R. Jolliff,MAI Subject Photographs n tip ' _-•� �..O Y C.•. ,, � �!'"o H".i+�p��. �T`"►',+'t�,�}y,-. �+" ��"~`� .vim 4'��� �ti k"�..'�•. .Rt�`,'F��xw`.� �"1'�'.may'`�" ► * g "'� R.'T`. '•A� ti'.s'a:F","b Ll`:a.. � • , . ' ,'� �y��fir'�"°- � ,,;-•�^_. . �.� ; ..- "i'�`. �•4 ^�F'� mot' t i;i Looking SW at Subject from W Dayton Airport Rd Looking SW along W Dayton Airport Rd Looking NE along W Dayton Airport Rd iv Looking Interiorof Subject Site Near Western Edge Example of Interiorof the Site 4 A J Interior of the Subject Site I Control Room of Subject Building vi „ .._ i a- Generator Room of Subject Building s Generator Room of Subject Building I` Generator Room of Subject Building 0-�7 Subject Yard Area and Equipment(Not Included) 5 t= Subject Yard Area and Equipment(Not Included) Looking NE at Subject Building viii Looking N at Subject Building *Ora.^. Looking SW at Subject Building 0 Looking SW along Subject Yard and Drainage Pond ix Identification of the Property The subject property is identified as Tax Parcel 42004-40-00000, located at 2201 W. Dayton Airport Road,Shelton,Washington,in unincorporated Mason County. A legal description is contained in our file. Purpose of Appraisal To estimate the current market value of the subject property fee simple estate. The definition of market value was taken from The Dictionary of Real Estate Appraisal, published by the Appraisal Institute. Intended Use of Appraisal This appraisal report is intended for the sole and exclusive use of Mason County PUD#3 to evaluate the real property for internal decision making related to a possible sale. Definition of Client The term "Client" is defined in USPAP as: "The party or parties who engage an appraiser (by employment or contract) in a specific assignment." The client(intended user)of this appraisal report is Mason County PUD#3. Unavailability of Information The following information was not provided or available to the appraisers: Title Report. Soils and/or Environmental Studies. 6257-21 ERSONt RA L,I x Extraordinary Assumptions The subject site has significant equipment associated with a generator site, including large generators. The specialized equipment is not included in this appraisal. There is an extraordinary assumption that the equipment can be removed without significant damage to the existing building or that the building will be repaired to full function. The use of this extraordinary assumption may have affected the assignment results. Hypothetical Conditions None. Property Rights Appraised The Fee Simple Estate is appraised herein, subject to zoning, easements, and other governmental restrictions of record. Date of Inspection The last date of physical property inspection was July 20, 2021, which is the "effective date"of the appraisal. Present during the inspection were the following individuals: Derek Jolliff (appraiser)and Daniel Parsons(Mason PUD#3 Faciliteis Supervisor). During the inspection, the appraiser visually surveyed the exterior of the building(s) and portions of the interior. The appraiser is not a building inspector or structural engineer. The client is urged to retain such if so desired. The condition and quality assessment of the improvements are based on the appraiser's opinion of the observed areas. Should there be damage,defects,wear and tear, or hazardous materials not commensurate with the observed areas that are later discovered,we reserve the right to modify the report and value conclusions presented within. Property History According to public records,title is currently vested in Mason County PUD#3.The subject land was acquired the by the current ownership in 2001 according to public records. After the purchase, the owner constructed the existing generator site. The owner is now considering a disposition of the subject. To the best of our knowledge,the subject has not sold in the three years prior to the date of value, is not currently under contract, and is not actively being marketed for sale. Scope of Work This report has been prepared in conformance with the current Uniform Standards of Professional Appraisal Practice (USPAP), as formulated by the Appraisal Foundation. The subject property is appraised based on the following Scope of Work: • The property was inspected on July 20, 2021. • The research of the local and regional economy and Mason County market data included reference to various sources that include Mason County Assessor,Washington State Office of Financial Management, CoStar, Washington State Department of Labor and Industry, and our in-house surveys of the market. • Specific data concerning the subject was obtained from various sources including the property owner, Mason County (zoning), and Mason County (assessed values and real estate taxes). • Data compiled in the analysis of the building sales and leases was obtained from Mason County Assessor, CoStar, NWMLS, CBA (Commercial Broker Association), as well as our own in-house data files. • All of the sales and rental data was confirmed with a party involved in the transaction and/or through public records and each was inspected. • The Cost Approach was fully developed. • The Sales Comparison Approach was not developed. • The Income Approach was not developed. 6257-21 Page 3 IEFMT WPM-L'i N.,, • The reconciliation and final value estimate(s) are based on an overview of the weight applied to each approach by buyers and sellers in the current market, also taking into consideration the quality of the data available for each. Exposure Time The exposure period has been estimated at approximately 12 months or less. Brief Description of Location The subject property is located directly on W. Dayton Airport Road (SR 102) in unincorporated Mason County just west of Shelton, Washington. The neighborhood can best be described as semi-rural Mason County west of Shelton.The neighborhood features a mix of property types consisting primarily of rural residential, forestry, and some agricultural uses.Most buildings are wood framed single-family residences between one and three stories tall. Additionally, many residences have outbuildings typically associated with a small farm. There are some non-residential uses such as the Washington Corrections Center, a Washington State Department of Corrections prison. The neighborhood is mostly outside the City Limits and Urban Growth Areas of nearby cities and thus does not have public sewer and water service.Power is available but drinking water is generally provided by onsite wells and wastewater is handled by onsite septic systems. Brief Description of the Site Location: Southeast side of West Dayton Airport Road just northeast of the Washington State Corrections Center in unincorporated Mason County. Zoning: LTCF — Long Term Commercial Forestry. According to Mason County Senior Planner Marissa Watson, the subject is correctly zoned and its uses are limited to those allowed under Mason County code chapter 8.52.060. Allowed uses are primarily: General Forest Practices, mills, forestry facilities, public/semi public structures, low intensity recreational facilities, state work camps, aircraft landing fields, sludge application. A subject zone change would require moving a similar amount of land into the LTCF zone to meet Growth Management Act requirements. Additionally, the subject is adjacent to, but outside of the Shelton Urban Growth Area, but there are no known plans to extend the Urban Growth Area to encompass the subject site. Shape& Size: Triangular. Approximately 1,280' height and 1,120' at the base. The size of the site is 16.20 acres; 705,672 SF. Topography: The parcel is initially level along W. Dayton Airport Road and there is a leveled building site at the southwest corner of the parcel.The topography then slopes moderately to steeply downward toward North Fork Goldsborough Creek whereupon it levels out in the creek basin. The following image shows the subject site with 5-foot contour lines: 241 O J 0 0 0 ti Q) O D h Access: There is one point of established ingress/egress leading onto the building site at the southwest corner of the parcel. Visibility: Average for rural land. 6257-21 Pa e C. Site Improvements/Coverage: Approximately one acre of the southwest corner of the site is improved with: concrete driveway, graveled yard area, a metal framed light industrial building, and a perimeter metal cyclone fence topped with security wire. The rest of the site is covered in a combination of brush, semi-mature trees,and mature trees. Utilities: Electrical and natural gas service are available, current connections are oversized for the generator site use. There is no public water or sewer but there is an on-site well and septic system. Flood Zone: The site is not in a flood zone. Critical Areas: There are no wetlands indicated on the site by Mason County GIS but the site is bisected by the stream N. Fork Goldsborough Creek. This is a non-fish bearing stream with a 115' structure buffer. Soils& Tree Site Index: The following table summarizes the subject soil types: Soil Type Size% Capability Tree Site Class Index Grove gravelly sandy loam, 0 to 5% slopes 100% IV 112' Class I(1) soils have slight limitations that restrict their use. Class II(2) soils have moderate limitations that reduce the choice of plants or require moderate conservation practices. Class III (3) soils have severe limitations that reduce the choice of plants or require special conservation practices, or both. Class IV(4) soils have very severe limitations that restrict the choice of plants or require very careful management, or both. No soil tests were provided. No settling or other disturbance noted in immediately surrounding area. It is an assumption of the report that the soil qualities are adequate to support the Highest and Best Use of the subject property. There is one common measure of the potential for forest trees to grow at a particular location, the site index. According to the USDA Natural Resources Conservation Service Web Soil Survey the site index is "the average height,in feet,that dominant and codominant trees of a given species attain in a specified number of years." ANDERSON APPRAISAL,I Brief Description of the Improvements Building Description: One story light industrial building partitioned into a control room, generator room and one restroom. Dimensions/Area: 3,500f SF. Please note: the area used is based upon the appraiser's measurements. Should a set of"as built"floor plans or an engineering report be provided that shows a dierence from the figure utilized, the appraisers reserve the right to modem the report and value conclusions presented within. Quality of Construction: Average. Substructure & Foundation: Concrete slab. Exterior Framing: Insulated metal frame with metal siding, clear height approximately 20'. Roof System & Cover: Metal truss with metal covering. Fenestration: Insulated metal personnel doors, (2) overhead doors measuring 8' x 10' and 10' x 10',no windows. Floor Coverings: Vinyl/linoleum tiles in the control room and restroom, bare concrete in generator room. Interior Walls&Partitions: Painted drywall or open to insulation or framing. Ceilings: Open to insulation. Plumbing Fixtures: (1) restroom with two fixtures. No sprinklers but fire monitored. Heating& Cooling: Control room is heated and cooled by oversized heat pump reportedly in need of repair. Electrical System: Adequate for light industrial uses. Building has a security system. Lighting Fixtures: Suspended fluorescent tube fixtures in control room, suspended sodium halide lights in generator room. Date of Construction: 2001. 6257-2I DES ON, PP Estimated Economic Life: 40 years. Estimated Effective Age: 15 years. Estimated Remaining Life: 25 years. Condition of Improvements: Good, no deferred maintenance, minimal wear and tear. Functional Utility: Average for most light industrial uses. External Obsolescence: None noted. Other Buildings: There is a wood framed, open sided storage shed measuring approximately 90 SF adjacent to the light industrial building. Personal Property: No separate estimate of value, or value consideration, is applied to the furnishings and all power generating equipment that were located in the building or on the site on the date of inspection. These items are considered personal property, and as such, are not part of the real property that is the subject of this appraisal. Assessed Valuation and Tax Load The subject property is currently assessed for 2021 real estate taxes as shown below: Tax Parcel No. (s) Tax Land Value Tax Buildings Value Tax Market Value '1;1\ killount 42004-40-00000 $82,095 $0 $82,095 $0.00 Totals $82,095 $0 $82,095 $0.00 It should be noted that the Mason County Assessor has not assessed the existing improvements and the current ownership is a tax exempt entity. Market Study / Highest and Best Use The subject is zoned LTCF which has a set of uses limited primarily to forestry,recreation, and public/semi public uses. As of 2007 (latest data available) Mason County has a total of 333,790 parcel acres in private forestland ownership. Small forestland owners have 101,326 acres and industrial owners NDEftWWM have 229,339 acres (University of Washington 2007 Washington Forestland Database Final Report). According to an industry representative from Port Blakely, log prices were strong in 2020, with a minor lull during the initial lockdown in March and April when construction was shutdown. Current year prices are higher than the prior year and are expected to remain strong through the remainder of 2021. The log prices are contributing to high demand for purchase of land. Additionally, the wildfires in Oregon in 2020 have resulted in accelerated harvest that provides a tax incentive for the purchase of land as an offset, which is also contributing to demand of forestland. The subject size, 16.2 acres, is not large enough to support small-scale forestry on its own, especially considering that N. Fork Goldsborough Creek bisects the property. However,the site is in a neighborhood of parcels owned for forestry use.A potential forestry user may consider adding the subject to their existing holdings in the neighborhood while utilizing the building and site area to support forestry operations such as equipment storage. The highest and best use for the subject is for forestry related use with no recommendations for expansion, remodel, renovation, or demolition of the improvements. Valuation Methods Approach to Value The Cost Approach was utilized in this assignment. The value of the underlying land is estimated via the Sales Comparison Approach and the depreciated replacement cost of the improvements is added to arrive at the final estimate of value. Due to the combination of restrictive underlying zoning and the nature of the improvements, there was not adequate data to complete a credible Sales Comparison Approach based on the subject as improved. A special purpose property similar to the subject is not generally bought and sold for the generation of leasing income.There is very little market data regarding leases of forestry land with a light industrial building similar to the subject much less confirmed sales that yield a capitalization rate. Thus,the Income Approach has little applicability and was not completed. R7VDER O XATS ' C Land (or Site) Analysis Summary The direct sales comparison approach is usually the preferred methodology for developing a land value conclusion. When sales of similar parcels of land are not plentiful enough for the application of sales comparison, alternative methods such as the following, may be used. • Allocation. • Extraction. • Subdivision development analysis. • Land residual technique. • Ground rent capitalization. In this appraisal assignment, the sales comparison approach is the primary method which has been utilized. The most recent comparable land sales are shown in the following summary table. Each sale is then individually described; and is also presented in greater detail in the Comparable Market Data section of the report, including photographs, legal references, and other information. A map showing the location of the pertinent sales, is shown below. Confirmation of each sale has been obtained from buyer, seller, broker, or other parties believed to be knowledgeable about the details of the transaction,whenever possible. When direct verification was not possible, we have relied upon public records or similar data sources. Comparable Sale Search &Selection The search for comparable sales focused on small to medium sized vacant land in Mason County.In particular,parcels with similar site coverage and low or minimal development potential similar to the subject were sought.All the sales were less than 2 years prior to the date of value. Unit of Comparison The unit comparison utilized herein is price per acre. Most buyers,sellers,and other market participants in this market generally refer to similar properties on the basis of price per acre. 057--21 age 10 t06 I ntle Honuiam Mohrweis _ tot Land Sale Brockdale Walkers O Landing Subect Pro ert toz ; Gran, tot Bayshore Graham Point ffl' �. Land Sale No. 3 ayton Oakland ' Shelton gate Arcadia Squaxi tot Land Sale No. 5 on Beach Rignall Edgewater Beach .e a Land Sale No. i Land Sale No. 2 +— Bost ami c .e Elizan Beach Graveliv tt Sales Subject Sale# I Sale#2 Sale#3 Sale#4 SAC 115 Cloquallum Cloquallum Little Egypt Mason Olympic View Agate Loop Name Generator Site Road Creek Road Lake Road Parcel Forestland Property Parcel Land 2201 W Dayton XXX XXX W XX W E. Mason XXX E Add Lake Road Address Airport Cloquallum Little Egypt Agate Loop Airport Rd Road Road Road Road -city Shelton Shelton Shelton Shelton Shelton Shelton Sale Price N/A $300,000 $120,000 $15,000 $195,000 $265,000 Date of Sale N/A 9/12/2019 7/7/2020 9/9/2020 10/22/2020 11/20/2020 Adj. Sale Price N/A $300,000 $120,000 $15,000 $195,000 $265,000 Land Sq Ft 705,672 5,011,142 1,176,120 285,318 2,191,504 2,003,324 Price/SF of Land N/A $0.06 $0.10 $0.05 $0.09 $0.13 Land Acres 16.20 115.04 27.00 6.55 50.31 45.99 Price/Acre N/A 1 $2,608 $4,444 $2,290 $3,876 $5,762 6257-21 Pa e 1 rA PPR I ff TPF;5"_�E -4=, Adjustments must be made for the following ten elements of comparison,which are listed below: • Real property rights conveyed • Financing terms • Conditions of sale • Expenditures made immediately after purchase • Market conditions • Location • Physical characteristics • Quantitative adjustments were based on quotes provided by the utility providers. • Economic characteristics • Use/zoning • Non-realty components of value Sale 1 ($2,608/Ac) is the sale of a 115.04-acre parcel located approximately 6 miles southwest of the subject. The topography is level to steep slopes. Access is via an internal gravel road system from adjoining parcels. Direct access from Cloquallum Road is possible but problematic due to wetlands and stream near the frontage. There are some areas of wetlands and a stream impacting about a quarter of the site. Soils are mostly mountainous type VIII with no tree site index but over a quarter of the site does have class III soils with a tree site index of 127. The zoning is LTCF and the property is classified as designated forest land. Buyer was a neighbor who intended to utilize the site for forestry. There had been a slightly higher offer from an investor but seller chose to sell to the neighbor. There was an unknown amount of contributory value from Noble Firs but considered somewhat minor as it was an unmanaged stand. Overall,this sale is considered inferior to the subject. The sale took place during a time of inferior market conditions. The access is inferior without established direct access from Cloquallum Road. This sale has slightly inferior topography, soils, critical areas. A value more than$2,608 per acre is indicated for the subject by direct comparison. Sale 2 ($4,444/Ac) is the sale of a 27.00-acre parcel located approximately 6 miles south of the subject. The topography is moderate to steep. Access is a developed graveled logging road direct off W Cloquallum Road with a bridge crossing the creek on the property. The creek runs along the road frontage and would require some setbacks and maintenance of the bridge. Power is available at the street with development requiring onsite well and septic system installation. The soils are mostly class III and IV with a tree site index of 106. There was some recent logging on the site prior to sale, which would delay any development due to the moratorium. The zoning allows for one unit per five acres and is classified as Designated Forest Land on the tax rolls. The buyer's intent is unknown. Overall, this sale is considered superior to the subject. The superior zoning allowing for residential use more than offsets the sale during slightly inferior market conditions,and the inferior impact of the moratorium on development. A value less than $4,444 per acre is indicated for the subject by direct comparison. 6257-21 Sale 3($2,2901W) is the sale of a 6.55-acre parcel located approximately 4 miles southwest of the subject. The topography is level to mild sloping. There is no established access point but there is frontage on W. Little Egypt Road, a paved county road. The seller had a wetland delineation indicating about 95%of site is in wetlands and most of the site is also in flood zone A. Soils are mostly type V with no tree site index. Power is available at the street.The zoning allows for one unit per five acres but the seller's Broker thought residential development was unfeasible due to the amount of necessary wetlands mitigation. The buyer's intent was unknown. Overall, this sale is considered inferior to the subject. The sale occurred during a time of slightly inferior market conditions. The critical areas, flood zone, and no established access point more than offset the superior zoning.A value more than$2,290 per acre is indicated for the subject by direct comparison. Sale 4 ($3,876/Ac) is the sale of a 50.31-acre parcel located approximately 8 miles northeast of the subject. The location is near Lake Limerick and areas of residential development. The topography is level to mild slopes. Access is via a 60' wide easement on the adjoining parcel leading to an internal gravel road system on the sale. There are some areas of wetlands along the west and southeast edges of the site. Soils are mostly class IV with a tree site index of 111. The zoning is RR10 and the property is classified as designated forest land with a few years left on a development moratorium. The buyer intended to try for rural residential subdivision. The seller had completed some survey work for a possible development. Overall, this sale is considered superior to the subject. The sale took place during a time of slightly inferior market conditions. However, the access is considered slightly better with an established interior gravel road system and wide access easement. The topography, critical areas, and zoning are all slightly superior and soils are similar. A value less than $3,876 per acre is indicated for the subject by direct comparison. Sale 5 ($5,762/Ac) is the sale of a 45.99-acre parcel located approximately 7 miles southeast of the subject near Agate. The topography is mild to moderately sloped with some view potential. There is a stream on the east side of the north half of the property near the property line. Access is undeveloped and direct off E Agate Road and E Sunset Road. The parcel is bisected by E Sunset Road to the north and separates the parcel from Chapman Cove. There are tidelands on the lowlands, north side of E Sunset Road, but development is not possible due to critical area setbacks and the road. Power is available at the street with development requiring onsite well and septic system installation. Site coverage features 40f acres on the uplands side with 30-year-old timber that has had minimal management. The value of the upland 40 acres with underlying subdivision potential drove most of the value in the sale according to the listing agent. The zoning allows for one unit per five acres, but subdivision is subject to a 4-year delay due to the county allowing one subdivision of a parcel every 5 years. It is classified as Designated Forest Land on the tax rolls. The buyer's intent is to continue forestry use. Overall, this sale is considered superior to the subject. The superior topography, view potential,possible commercial timber, less impact from critical areas,and residential zoning more than offset the sale during slightly inferior market conditions, undeveloped access, and 4-year delay for development. A value less than $5,762 per acre is indicated for the subject by direct comparison. 6257-2 F Wage 13 FSOWA'ISAL, j Conclusion Following the comparison and adjustment process, a refined value range of approximately $2,608 to$3,876 per acre was indicated. Sale L-1 ($2,608/Ac.)is considered slightly to moderately inferior mostly due to the older date of sale, slightly inferior access,topography and soils. Sale L- 4 ($3,876/Ac.) is moderately superior with its better zoning and a location near rural residential development around Lake Limerick. Overall,a value in the low to middle of the range is estimated for the subject. We are of the opinion a value of approximately $3,000/acre was reasonably supported, as of the date of appraisal. Summary, Land Value Conclusion: (16.20 acres) ($3,000/acre) _ $48,600 Page 14 APPRAISAL,INC. Cost Approach Summary The Cost Approach is based on the understanding that market participants typically relate value to cost. In the Cost Approach, the value of a property is derived by adding the estimated value of the land to the current cost of constructing a reproduction or replacement for the improvements and then subtracting the amount of depreciation (i.e. deterioration and obsolescence) in the structures from all causes. Entrepreneurial profit and/or incentive may be included in the value indication. This approach is particularly useful in valuing new or nearly new improvements and properties that are not frequently exchanged in the market. Cost Approach techniques can also be employed to derive information needed in the Sales Comparison and Income Approach, such as the costs to cure items of deferred maintenance. The main building improvements have been estimated from Marshall Valuation,by means of the calculator method. Site improvements and miscellaneous items have been included as lump sums, from other sections of Marshall. Depreciation estimates are based upon modified age/life calculations, utilizing the Marshall system, Section 97. The improvements have been estimated from Marshall Valuation, by means of the calculator method. The previously concluded land value conclusion is added on to the building improvement cost estimate. The subject improvement primarily consists of the following cost categories: • Light Industrial Building: Average Light Manufacturing, Section 14, Page 14 • Gravel Yard:Average Rock Base, Section 66, Page 1 • Concrete Driveway: Average Paving, Section 66, Page 1 • Chain Link Fencing: Average 6' Fencing and Gate, Section 66, Page 4 • Storage Shed: Farm Utility Storage Shed, Section 17, Page 27 • Well and Septic: Lump Sum from Known Costs Entrepreneurial Incentive Typically,forestry, agricultural,and rural improvements are constructed for an owner user and not to generate a profit. Entrepreneurial incentive is not applicable to the subject improvements. Depreciation Depreciation is categorized into three primary components, physical deterioration, functional obsolescence, and external obsolescence. No external obsolescence was noted. The improvements are of adequate utility but superadequate for most likely uses. A replacement cost is estimated based on a light industrial building of average quality. There is some physical deterioration the amount of which is estimated from the Marshall Valuation section 97. AfXAL,11V(-'. I " '! 0 Light Industrial Building Gravel Yard Replacement Base Cost $48.25 Replacement Base Cost $1.11 Current Cost Multiplier x 1.12 Current Cost Multiplier x 1.13 Local Cost Multiplier x 1.18 Local Cost Multiplier x 1.17 Perimeter Multiplier x 1.11 Final Square Foot Cost $1.47 Final Square Foot Cost $70.91 Gross Area(SF) 33,000 Gross Building Area(SF) 3,500 Estimated Replacement Cost $48,429 Estimated Replacement Cost $248,182 Entrepreneurial Incentive 0% $0 Entrepreneurial Incentive 0% $0 Subtotal $48,429 Subtotal $248,182 Estimated Depreciation 48% $23,246 Estimated Depreciation 20% $49,636 Depreciated Replacement Cost $25,183 Depreciated Replacement Cost $198,546 Concrete Driveway Fencing Replacement Base Cost $2.16 Replacement Base Cost $20.78 Current Cost Multiplier x 1.13 Current Cost Multiplier x 1.15 Local Cost Multiplier x 1.17 Local Cost Multiplier x 1.18 Final Square Foot Cost $2.86 Final Square Foot Cost $28.20 Gross Building Area(SF) 3,500 Linear Feet 860 Estimated Replacement Cost $9,995 Estimated Replacement Cost $24,251 Entrepreneurial Incentive 0% $0 Plus Gate $1,588 Subtotal $9,995 Entrepreneurial Incentive 0% $0 Estimated Depreciation 46% $4,598 Subtotal $25,839 Depreciated Replacement Cost $5,397 Estimated Depreciation 27% $6,976 Depreciated Replacement Cost $18,862 Storage Shed Replacement Base Cost $6.42 Current Cost Multiplier x 1.07 Local Cost Multiplier x 1.17 Final Square Foot Cost $8.04 Gross Building Area(SF) 90 Estimated Replacement Cost $723 Entrepreneurial Incentive 0% $0 Subtotal $723 Estimated Depreciation 32% $231 Depreciated Replacement Cost $492 hj�AjWONAPPRA: Summary Light Industrial Building $198,546 Gravel Yard $25,183 Concrete Driveway $5,397 Fencing $18,862 Storage Shed $492 Well/Septic (depreciated) $24,000 Subtotal $272,480 Plus Land Value Conclusion $50,000 Total Value Conclusion $322,480 Additional Market Data consists of other sales, listings, and expired/canceled listings that provide further insight into the market but were not considered appropriate for direct comparison in the process just illustrated. A limited number of sales were identified that generally support the value conclusion reached in this report. • 17830 Dane Lane SW, Rochester, sold for $249,950 in April 2019. This sale was a 2,800f SF warehouse on a 43,560 SF lot utilized for 1-502 processing. • 1071 E.Pickering Road, Shelton, sold for$250,000 in November 2019. This sale was a boat storage yard and repair shop on a 52,708 SF lot. 0 6671 W. Shelton Matlock Road, Shelton, sold for $280,000 in July 2020. This sale was a 3,540 SF warehouse on an 89,298 SF lot utilized for cabinet construction. • 19225 Joselyn St SW, Rochester sold for $269,900 in November 2020. This sale was a 1,200 SF shop building on a 1.41 acre graveled lot.The building was in fair condition and did not have a septic system. The buyer planned to use the property for a landscaping company. The sales above have some similarities to the subject as improved such as a shop with yard area located outside of any cities. However,none are on a 16.2 acre site or have a light industrial building in as good of condition as the subject.Also,most have a different zoning that allows more commercial/light industrial related uses. At sale prices of $249,950, $250,000, $269,900, and $280,000,they provide limited additional support to the value conclusion from the Cost Approach. ApproachIndication of Value by the Cost I III 6257-21 Page 17 ANDERSON APPRAISAL,INC. Reconciliation of Value Indications Three independent approaches to value were considered by the appraisers. The resultant value indications were: Cost Approach $320,000 Sales Comparison Approach Not Completed Income Approach Not Completed All weight is placed on the Cost Approach. Based on our investigations and analyses, it is our opinion that the market value of the identified interest in the subject real property, as of July 20, 2021, was: DollarsThree Hundred Twenty Thousand ($320,000). Page 18 Wni—VAPPRAISAL,INC. Certification I certify that,to the best of my knowledge and belief, • The statement of fact contained in this report are true and correct. • The reported analyses,opinions and conclusions are limited only by the reported assumptions and limiting conditions,and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions. • I have no present or prospective interest in the property that is the subject of this report, and I have no personal interest with respect to the parties involved. I have not performed services regarding the subject property within the three years preceding acceptance of this assignment. • I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. • My engagement in this assignment was not contingent upon developing or reporting predetermined results. • My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion,the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. • My analyses, opinions, and conclusions were developed, and this report has been prepared in conformity with the requirements of the Uniform Standards of Professional Appraisal Practice. • I have made a personal inspection of the property that is the subject of this report. • No one provided significant professional assistance to the persons signing this report. • The use of this report is subject to the requirements of the Appraisal Institute, relating to review by its duly authorized representatives. Derek R. Jolliff, MAI* *As of the date of this report, I have completed the requirements of the continuing education program of the Appraisal Institute. 625721 ,'` age 19 a,. Appraiser's Qualifications Derek R. Jolliff, MAI Experience: ---- _------_-_-_ • Appraiser,Anderson Appraisal, Inc., Olympia, Washington • Appraiser, Capital Valuation Group, Salem, Oregon 1/06— 10/10 Over a decade of appraising various property types, including office, retail, industrial, multifamily, institutional, vacant land, easements, subdivisions, special use and agricultural properties. Education: Western Washington University, Bellingham, Washington (BA - Business Administration) Appraisal Education: Successful completion of the following appraisal courses/seminars: Appraisal Institute Courses: "Basic Appraisal Procedures" 'Basic Income Capitalization "Real Estate Finance Statistics and Valuation" "Report Writing and Valuation Analysis" "Evaluating Commercial Construction" "Litigation Appraising: Specialized Topics and Applications" "Appraising Convenience Stores" "Fundamentals of Separating Real Property,Personal Property, & Intangible Assets" "Advanced Sales Comparison and Cost Approach" "General Appraiser Report Writing and Case Studies" "General Appraiser Market Analysis and Highest and Best Use" "General Appraiser Site Valuation and Cost Approach" "General Appraiser Sales Comparison Approach" "Advanced Income Capitalization" "Advanced Applications" "Uniform Appraisal Standards for Federal Land Acquisitions: Practical Applications" Matthew Larabee: "Case Studies in Income Property Appraisal" McKissock Appraisal Education: "USPAP -Uniform Standards of Professional Appraisal Practice" "Appraisal of Assisted Living Facilities" "Appraisal of Self-Storage Facilities" International Right of Way Association: "Appraisal of Partial Acquisitions" "Basement Valuation" American Society of Farm Managers and Rural Appraisers "Advanced Rural Case Studies" "Introduction to the Valuation of Permanent Plantings" Business and Professional Organizations Member, Appraisal Institute (#468211) Washington State Certified General Real Estate Appraiser(#1101978) Statement of Limiting Conditions and Assumptions • One (or more) of the signatories of this appraisal report is a Member or Candidate of the Appraisal Institute. • The legal description furnished the appraisers is assumed to be correct. Title to the property appraised in this report is assumed to be merchantable in the parties stated to be the owners. For the purpose of this report,the property is assumed to be free of liens and encumbrances. • The information contained in this report, other than facts observable by a physical examination of the property,is from sources considered to be reliable,but such information is in no sense guaranteed. • No responsibility is assumed because of matters of legal character affecting the property, such as title defects, encroachments, liens, and overlapping property lines. The appraisal is based on the premise that,there is full compliance with all applicable federal, state, and local environmental regulations and laws unless otherwise stated in the report; further that all applicable zoning, building, and use regulations and restrictions of all types have been complied with unless otherwise stated in the report; further, it is assumed that all required licenses, consents, permits, or other legislative or administrative authority (local, state, federal and/or private entity or organization)have been or can be obtained or renewed for any use considered in the value estimate. • In computing values, various figures have been rounded off to the nearest significant amount, for the sake of clarity, in arriving at the valuation. The distribution of the total value between land and improvements applies only under the utilization of the property to its Highest and Best Use. • Compensation for services is dependent only upon delivery of this report. The values found by the appraiser are in no way contingent upon the compensation to be paid for services. • The Bylaws and Regulations of the Appraisal Institute require each Member and Candidate to control the use and distribution of each appraisal report signed by such Member or Candidate. Therefore, except as hereinafter provided, the party for whom this appraisal report was prepared may distribute copies of this appraisal report, in its entirety, to such third parties as may be selected by the party for whom this appraisal report was prepared; however, selected portions of this appraisal report shall not be given third parties without the prior written consent of the signatories of this appraisal report. • This report is made in accordance with the Uniform Standards of Professional Appraisal Practice, adopted by the Appraisal Standards Board of the Appraisal Foundation. • Improvements proposed, if any, on or off-site, as well as any repairs required are considered, for the purposes of this appraisal, to be completed in good and workmanlike manner according to information submitted and/or considered by the appraisers. In cases of proposed construction, the appraisal is subject to revision upon inspection of property 6257-2I AN DERSONAPPRAISAL,INC. after construction is completed. This estimate of market value is as of the date shown, as proposed, as if completed and operating at levels shown and projected. • Any drawings and/or diagrams are for illustrative purposes only and are not drawn necessarily to scale and should not be construed as surveys or engineering reports. • It is called to the reader's attention the fact that this report is delivered subject to the stipulation that neither all nor any part of the contents of this report shall be conveyed to the public through advertising, public relations, news, sales or other media, without the written consent and approval of the appraisers or review appraiser, particularly as to valuation conclusions, the identity of the appraiser or firm with which he is connected, or any reference to the Appraisal Institute or the MAI designation. • The opinion of value, as set forth in this report, is based solely upon information available at and prior to the date of valuation, and no responsibility is assumed with respect to facts that may develop subsequent to such date and which might have a bearing on the opinion of value at the date noted as expressed herein. • The appraisers and/or officers of Anderson Appraisal, Inc. reserve the right to alter statements, analysis, conclusion or any value estimate in the appraisal if there become known to us facts pertinent to the appraisal process that were unknown to us when the report was finished. • It is assumed that the property which is the subject of this report will be under prudent and competent ownership and management; neither inefficient nor super efficient. • The estimated market value,which is defined in the report,is subject to change with market changes over time; value is highly related to exposure, time, promotional effort, terms, motivation, and conditions surrounding the offering. The value estimate considers the productivity and relative attractiveness of the property physically and economically in the marketplace. • The appraiser is not required to give testimony or appear in court because of having made the appraisal with reference to the property in question, unless arrangements have been previously made. • The appraiser assumes no responsibility for hidden or unapparent conditions of the property, which would render it more or less valuable, and further assumes no responsibility for surveys or engineering which might be required to discover such factors. • The above conditions include soil composition, drainage characteristics, load bearing capacity, seasonal or permanent water table elevation, seismic susceptibility, hazardous materials contamination (including, but not limited to hydrocarbons, PCB's, asbestos, radon, urea-formaldehyde foam insulation, pesticides, mold/mildew), radioactivity, emissions or disruptions caused from high voltage transmission lines, the location of underground facilities, illegal dumping, leaking underground storage tanks, and so forth. 62 • Unless otherwise stated in this report, the existence of hazardous material, which may or may not be present on the property, was not observed by the appraiser. The appraiser has no knowledge of the existence of such materials on or in the property. The appraiser, however, is not qualified to detect such substances. The presence of potentially hazardous materials may affect the value of the property. The value estimate is predicated on the assumption that there is no such material on, in or around the property that would cause a loss in value. No responsibility is assumed for any such conditions, or for any expertise or engineering knowledge required to discover them. The client is urged to retain an expert in this field, if desired. • The Americans with Disabilities Act (ADA) became effective January 26, 1992. The appraisers have not made a specific compliance survey and analysis of this property to determine whether or not it is in conformity with the various detailed requirements of the ADA. • It is possible that a compliance survey of the property,together with a detailed analysis of the requirements of the ADA, could reveal that the property is not in compliance with one or more of the requirements of the Act. If so, this fact could have a negative effect upon the value of the property. Since the appraisers have no direct evidence relating to this issue, possible noncompliance with the requirements of ADA in estimating the value of the property has not been considered. • Federal Government Regulations: The Federal Government has special requirements for appraisals to be utilized for some types of loans, resulting from Federal Financial Institutions Reform, Recovery and Enforcement Act of 1989. This appraisal was not written in accordance with FIRREA guidelines,unless so stated, in the letter of transmittal. • Additional research,analysis, and report writing may be required because of the variety of standards and interpretations among certain financial institutions, and appraisal reviewers; and will be undertaken upon client request, at additional fees, for time and costs. • Where the discounted cash flow analysis has been used it has been prepared on the basis of information and assumptions stipulated in this report. The forecasts, projections, or operating estimates contained herein are based upon current market conditions,anticipated short-term supply and demand factors, and a continued stable economy. • The achievement of any financial projections will be affected by fluctuating economic conditions and is dependent upon the occurrence of other future events that cannot be assured. Therefore, the actual results achieved may well vary from the projections and such variation may be material. • This appraisal was obtained from Anderson Appraisal,Inc. or related companies and/or its individuals or related independent contractors and consists of "trade secrets and commercial or financial information" which is privileged and confidential and exempted from disclosure under 5 U.S.C. 552(b)(4). Notify the appraiser(s)signing the report of any request to reproduce this appraisal in whole or in part. 62577 21 a e 2 DERSONAPPRAISAL,IN ." • APPRAISER LIABILITY EXTENDS ONLY TO STATED CLIENT, NOT SUBSEQUENT PARTIES OR USERS, AND IT IS LIMITED TO THE AMOUNT OF FEE RECEIVED BY THE APPRAISER FOR THIS REPORT. ACCEPTANCE OF AND/OR USE OF THIS APPRAISAL REPORT BY CLIENT OR ANY THIRD PARTY IS PRIMA FACIE EVIDENCE THAT THE USER UNDERSTANDS AND AGREES TO THESE CONDITIONS. 6257-21 Pa e 24 ANDERSONAPPRAISAL,INC. Comparable Market Data 6257-21 Page 25 ANDERSON APPRAISAL,INC. Land Sale No. 1 Property Name Cloquallum Road Forestland Comp ID No. 1576 Address XXX Cloquallum Road City,State Zip Shelton,Washington 98584 County Mason Location North side of intersection of W Cloquallum Road and W Taylor Hill Road just east of Lost Lake Tax ID 41905-30-00000,41906-41-00010 Property Type Land Other Zoning Code LTCF,Long Term Commercial Forestry Physical Characteristics Land Size 115.04 acres or 5,011,142 SF Number of Lots 2 Shape L-Shaped Topography Level to steep sloping Grade Drainage Wetlands on site Landscaping None,vacant land Frontage Desc. Direct frontage on Cloquallum Road,an asphalt paved and striped rural road Utilities Electricity;no public water or sewer requiring septic system and well Access Access via interior forestry roads Visibility Average Site Comments Vacant unimproved site.Area near Cloquallum is level but impacted by wetlands,stream.Most of the rest of the site is moderate to steep slopes.Timber had been harvested and about 40 acres replanted with Noble Firs for X-mas trees(now 5 yrs old).Internal logging road system accessed from adjoining parcels.Direct access from Cloquallum possible but problematic with wetlands and stream.Zoning is very restrictive to forestry and some recreational uses,no residential.The property was in designated forestland tax status. Recording Information Sale Date 09-12-2019 Recording No. 2117236 Contract Price $300,000 Adjusted Price $300,000 Seller Noble Greens LLC Buyer PUHN,JOSEPH SCOTT&MELISSA DAWN Property Rights Fee Simple Estate Financing Unknown Market Time 48 days,original list price$325,000 Price/SF $.06 Price/Acre $2,608 Price/Lot $150,000 Page 26 " ,,DERSON APPRAISAL,INC. Sale Comments Buyer was a neighbor who intended to utilize as forestry.There had been a slightly higher offer from an investor but seller chose to sell to neighbor.There was an unknown amount of contributory value from Noble Firs but considered somewhat minor as it was an unmanaged stand. Overall Remarks Confirmed By LAG Ray Jones,253.307.6331 Comp ID No. 1576 6257-21 Page 27 ANDERSONAPPRAISAL,INC. Land Sale No. 2 Property Name Cloquallum Creek Property Comp ID No. 1404 Address XXX W Cloquallum Road City,State Zip Shelton,Washington 98584 County Mason Location South side of W Cloquallum Road,between Isabella Lake and Lost Lake Tax ID 419041300020 Property Type Residential(Single-Family)Land Zoning Code RR 5,Rural Residential, 1 Unit per 5 Acres Physical Characteristics Land Size 27.00 acres or 1,176,120 SF Number of Lots 1 Shape L-Shaped Topography Moderate to steep slopes Grade At street grade Drainage Adequate Landscaping None,vacant land Frontage Dese. Direct frontage on Cloquallum Road,an asphalt paved and striped rural road Utilities Electricity;no public water or sewer requiring septic system and well Access Direct access on Cloquallum Road 1'isibility Average Site Comments Vacant unimproved site, with north to south upward sloping and mostly treed. Some of the parcel had recently been logged and a moratorium for development is in place, up to 6 years. There is future subdivision potential. The property was in designated forestland tax status. Recording Information Sale Date 07-07-2020 Recording No. 2134104 Contract Price $120,000 Adjusted Price $120,000 Seller Cedarland Forest Resources LLC Buyer Stevens,Richard M Sr&Dawn E Property Rights Fee Simple Estate Financing Unknown Market Time 6 days;list price$129,950 Price/SF $.10 Price/Acre $4,444 Price/Lot $120,000 Sale Comments Buyer intended to utilize as forestry. Overall Remarks Confirmed By Sue Sakai 253.844.3038 Comp ID No. 1404 Page 2& 1WERSO,AVPPRAISAL,INC. Land Sale No. 3 Property Name Little Egypt Road Parcel Comp ID No. 1578 Address XX W Little Egypt Road City,State Zip Shelton,Washington 98584 County Mason Location East side of W.Little Egypt Road about 2/3rd mile south of intersection with W.Highland Road about 8 miles west of Shelton in areas of mixed rural residential development,agricultural and forestry uses. Tax ID 52024-41-00000 Property Type Land Other Zoning Code RR5,Rural Residential 5 Acres Physical Characteristics Land Size 6.55 acres or 285,318 SF Number of Lots 1 Shape Rectangular Topography Level to mildly sloping Grade Drainage Site is mostly wetlands Landscaping None,vacant land Frontage Desc. Direct frontage on W.Little Egypt Road,a paved county road. Utilities Electricity;no public water or sewer requiring septic system and well Access No established access point Visibility Average Site Comments Vacant unimproved site.Seller had a wetland delineation indicating about 95%of site is in wetlands.GIS indicates most of site is in flood zone A. Recording Information Sale Date 09-09-2020 Recording No. 2138727 Contract Price $15,000 Adjusted Price $15,000 Seller NGUYEN,CUONG LARRY HUU Buyer HARRIS ET UX,ANTHONY TYLER Property Rights Fee Simple Estate Financing Unknown Market Time 213 days,original list price was$28,200 PriceJSF $.05 Price/Acre $2,290 PricelEot $15,000 Sale Comments Seller had purchased from Mason County in hopes of residential development but after wetland delineation it was estimated that it would require extreme wetland mitigation to construct a home.Seller then listed the property for sale,buyer's use is unknown. Confirmed By LAG Sharon Murphy 360-490-6405 Comp ID No. 1578 6257-21 Page 29 Land Sale No. 4 Property Name Mason Lake Road Land Comp ID No. 1577 Address E.Mason Lake Road City,State Zip Shelton,Washington 98584 County Mason Location Southside of intersection of E. Limerick Road and E.Mason Lake Road just SE of Lake Limerick and north of BNSF rail line. Areas of residential development around the lake and small scale forestry intermixed. Tax ID 32126-20-04000 Property Type Residential(Single-Family)Land Zoning Code RR10,Rural Residential 10 Acres Physical Characteristics Land Size 50.31 acres or 2,191,504 SF Number of Lots 1 Shape Non detrimental irregular Topography Level to mildly sloping Grade Drainage Wetlands on site Landscaping None,vacant land Frontage Desc No direct frontage.Access via a 60'easement on neighbor to the east to E.Mason Lake Road,2-lane paved county road. Utilities Electricity;no public water or sewer requiring septic system and well Access Easement from E.Mason Lake Road Visibility Average Site Comments Vacant unimproved site.Wetlands along the west and SE edges.Most of the rest of the site is level to mild sloping,no wetlands.Timber had been harvested and replanted about 3 years prior.Internal gravel logging road system accessed from gravel easement on adjoining parcel.Easement considered adequate for rural residential development. Moratorium still in-place but buyer though they could bring it out and pay relatively minor fee.The property was in designated forestland tax status. Recording Information Sale Date 10-22-2020 Recording No. 2142132 Contract Price $195,000 Adjusted Price $195,000 Seller JLCG LLC Buyer JENNINGS ET AL,BENJAMIN C&JESSICA ANN FOSS Property Rights Fee Simple Estate Financing Unknown Market Time 78 days,original list price was$195,000 Price/SF $.09 Page 30 01L�DERSONAPP� PriceJAcre $3,876 PricelLot $195,000 Sale Comments Buyer intended to try for rural residential subdivision.The seller had some completed survey work for a possible development.No significant timber value. Overall Remarks Confirmed By LAG Ray Jones,253.307.6331 Comp ID No. 1577 6257-21 Page 31 ANDERSONAPPRAISAL,INC. Land Sale No. 5 3 Property Name Agate Loop Parcel Comp ID No. 1400 Address XXX E Agate Loop Road City,State Zip Shelton,Washington 98584 County Mason Location West side of E Agate Loop Road and south side of E Sunset Road,northeast of Shelton in rural Mason County Tax ID 320143290110 Property Type Residential(Single-Family)Land Zoning Code RR 5,Rural Residential Resource 1 Unit per 5 Acres Physical Characteristics Land Size 45.99 acres or 2,003,324 SF Number of Lots 1 Shape L-Shaped Topography Mild to moderate sloping Grade At street grade Drainage Adequate Landscaping None,vacant land Frontage Desc. Direct frontage on both E Agate Rd and E Sunset Rd,both asphalt paved rural roads Utilities Electricity in street;no public water or sewer requiring septic system and well Access Direct but undeveloped access off both E Agate Rd&E Sunset Rd Visibility Average Site Comments Site consists of 46f acres of reforested land with several hundred feet of frontage on a saltwater estuary, Chapman Cove.The uplands are separated by the road with no buildable space on the lowlands. Tidelands are considered an amenity. The buyer placed most value in the land and timber. The acreage is wooded with 30 year old reprod Douglas Fir,Maple and Alder. Possibility of many building sites. Zoned RR 5 however,cannot be further subdivided for 4 years due to short plat only allowed once every five years per the county. Buyer intended to utilize as forestland, but paid for highest and best use, rural residential, value. Recording Information Sale Date 11-20-2020 Recording No. 2144365 Contract Price $265,000 Adjusted Price $265,000 Seller Miller,Omar F&Patricia Buyer Baldwin Logging,Inc. Property Rights Fee Simple Estate Financing Unknown Market Time 119 days;list price $265,000 PricP/SF $.13 P Price/Acre $5,762 Price/Lot $265,000 Sale Comments The agent stated there was a good amount of interest in the listing. Overall Remarks Confirmed By Keith Fuller,LAG,360.490.3811 Comp ID No. 1400 6257-21 Page 33 ANDERSONAPPRAISAL,INC. ANMERSONAPPRAMM% M TELEPHONE(360)943-8400 - EMAIL: dereld@andersonappraisalinc.com P.O.BOY 2694 - OLYMPIA,WASHINGTON 98507 June 21,2021 Dear Mr.Johnson, Please consider this letter to be our proposal.The appraisal will be completed in accordance with the 2020-2021 Edition of Uniform Standards of Professional Appraisal Practice(USPAP). Purpose of the appraisal: To estimate the Market Value of the subject property: Parcel 42004-40-00000(16.20 acres) 2201 W.Dayton Airport Rd,Shelton Intended use: Internal decision making related to a possible sale. Intended users: Mason County PUD#3. Client: Mason County PUD#3. Due date: Approximately(4)weeks from engagement. Fee: $2,200. Reporting format: Restricted Appraisal Report. Number of Copies: (1)Electronic. Contact Information: Robert Johnson 360-789-2699 robertw@masonpud3.org Additional Information: Appraisal will not include an estimate of any equipment or timber value. If this scope meets your approval,please sign below and return. Thank you for the opportunity to provide this proposal,and we look forward to working with you. /--- {c Z2 z/ Authorized By: Date: RESOLUTION NO. A RESOLUTION AUTHORIZING PURCHASE OF REAL PROPERTY LOCATED AT 2201 W DAYTON AIRPORT ROAD, SHELTON, WA WHEREAS, the County has an opportunity to purchase property ideally suited for future County use and are desirous of taking advantage of the opportunity while the price is reasonable; and WHEREAS, an agreement has been worked out between the County and Public Utility District No. 3 (PUD3)which the Board feels is reasonable; and WHEREAS,the Board approved a motion to purchase said property located at 2201 W Dayton Airport Road, Shelton, WA parcel#42004-40-00000; and WHEREAS,the owner of the property has entered into a purchase sale agreement for the sale of the property at$320,000; and WHEREAS, Mason County is authorized by RCW 82.46.010(2)to utilize REET 1 funds for the purchase of capital property; and NOW, THEREFORE,BE IT RESOLVED, that the Board of County Commissioners of Mason County hereby authorize the Chair to execute a closing to purchase the property located at 2201 W Dayton Airport Road, Shelton, WA parcel#42004-40-00000 for$320,000 plus closing costs on this date; and FURTHER,that these amounts be paid from the REET 1 Special Fund# 350. DATED this day of 2021. ATTEST: BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON McKenzie Smith, Clerk of the Board Randy Neatherlin,Chair APPROVED AS TO FORM: Kevin Shutty, Commissioner Tim Whitehead, Chief Deputy Prosecuting Attorney Sharon Trask,Commissioner MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Frank Pinter DEPARTMENT: County Administration EXT: 530 BRIEFING DATE: 8/30/2021 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEM: Approval to adopt a resolution for the sale of real property located on Route 101, Parcel # 42110-41-00011 to the Skokomish Tribe. Background: Pursuant to RCW 36.35.150(1)(a), the Board of County Commissioners may dispose of tax foreclosed property by private negotiations, without a call for bids, for not less than the principal amount of the unpaid taxes; when the sale is to any governmental agency. An offer has been made from the Skokomish Tribe for $1,664 RECOMMENDED ACTION: Place the resolution for sale of property on the September 14 agenda. Budget Impact: $1,664 Attachment: None RESOLUTION NO. APPROVAL OF SALE OF TAX TITLE PROPERTY TO THE SKOKOMISH TRIBE WHEREAS,Mason County owns the tax title parcel#42 1 1 0-4 1-000 1 1, located in Shelton,WA; WHEREAS,per RCW 36.34.130,the Board of County Commissioners may dispose of County property to another governmental agency and may acquire property for the County from another governmental agency by means of private negotiation upon such terms as may be agreed upon and for such consideration as may be deemed by the Board of County Commissioners to be adequate; and WHEREAS,per RCW 36.35.150(1)(a),the Board of County Commissioners may dispose of tax foreclosed property by private negotiations,without a call for bids,for not less than the principal amount of the unpaid taxes;when the sale is to any governmental agency,and WHEREAS,Mason County has received an offer from the Skokomish Tribe Legal Department in the amount of$1,664.00 to purchase the property; NOW,THEREFORE,BE IT FURTHER RESOLVED,by the Mason County Board of Commissioners that the property described above#42110-41-00011 is approved to sell at the price of $1,664.00 to the Skokomish Tribe;and BE IT FURTHER RESOLVED,that the proceeds of the sale of said property are to be dedicated first to any delinquent property tax obligations and related penalties,expenses and assessments;and next to reimbursement of the Property Management expenses; and finally,to the Current Expense Fund; and BE IT FURTHER RESOLVED,that the Chair of the Commission is authorized to sign the related closing documents. DATED this of ,2021. ATTEST: BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON McKenzie Smith,Clerk of the Board Randy Neatherlin,Chair APPROVED AS TO FORM: Kevin Shutty,Vice Chair Tim Whitehead,Chief PDA Sharon Trask,Commissioner MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Frank Pinter DEPARTMENT: County Administration EXT: 530 BRIEFING DATE: 8/30/2021 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEM: Discuss the results of the RFP for Lobbyist Services Background: The County put forward an RFP for Lobbyist services that closed on August 20, 2021. The BOCC has scored the results of the applications and will discuss the results and either choose a Lobbyist or request an interview or interviews. RECOMMENDED ACTION: None at this time Budget Impact: Dependent on selected Lobbyist Attachment: None M MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Becky Rogers DEPARTMENT: Support Services EXT: 268 BRIEFING DATE: 8/30/2021 PREVIOUS BRIEFING DATES: n/a If this is a follow-up briefing, please provide only new information INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal ❑ Other— please explain ITEM: Approval to place Public Safety Testing subscriber agreement on consent agenda. EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): This is an annual agreement that is renewed to cover testing for entry level law enforcement and corrections officer applicants. BUDGET IMPACT: Included in budget. PUBLIC OUTREACH:(Include any legal requirements, direct notice, website,community meetings, etc.) RECOMMENDED OR REQUESTED ACTION: Approval to place Public Safety Testing subscriber agreement on Consent Agenda. ATTACHMENTS: Subscriber Agreement Briefing Summary 8/25/2021 Public Safety Testing SUBSCRIBER AGREEMENT WHEREAS, Public Safety Testing, Inc. is a skilled provider of pre-employment testing services to police, fire, and other public safety agencies, and WHEREAS, the subscriber public agency, either directly or through a civil service commission, tests, evaluates, ranks and hires law enforcement and/or firefighters and/or other public safety positions in the performance of its public safety functions, and WHEREAS, the subscribing public entity desires to join in a Subscriber Agreement, NOW, THEREFORE, Public Safety Testing, Inc. (the "Contractor") and Mason County, a municipal corporation of the state of Washington (hereinafter "Subscriber") do enter into this Subscriber Agreement under the terms and conditions set forth herein. SUBSCRIBER: Mason County, WA POSITIONS: ❑ Law Enforcement Officer(entry-level) :Z Check all that apply ❑ Law Enforcement Officer (lateral/experienced) ❑ Corrections Officer (entry-level) ❑ Corrections Officer (lateral/experienced) COMMENCEMENT DATE: January 1, 2022 PROFESSIONAL FEES: ❑ Law Enforcement Officer written Wor physical ability testing :Z Check all that apply • Year#1 @ $2,356 annually • Subsequent years (beginning January 1, 2023) will include an annual increase of three percent (3%). ❑ Corrections Officer written Wor physical ability testing • Year#1 @ $1,176 annually • Subsequent years (beginning January 1, 2023) will include an annual increase of three percent (3%). TERMINATION: This agreement terminates: :D Select one ❑ December 31, 2022 ❑ December 31, 2024 ❑ This agreement will automatically renew annually unless either party provides a 60-day notice as outlined in Section 7. Each annual renewal includes a 3% increase in professional fees, the first commencing January 1, 2023. RECRUITING AT PST WRITTEN ❑ Opportunity for Subscriber to recruit candidates at PST written EXAM EVENTS exam events. Written exams occur in-person or virtual (online, in- :D Check to request home). Subscriber may appear in-person (in-person exam locations) or via 60-second video provided by Subscriber(in- person exam location or virtual exam). Subscriber will be invoiced $10 per candidate that adds Subscriber agency to their list prior to the start of the exam. FINANCIAL HARDSHIP WAIVER Subscriber agrees to pay candidate financial hardship waivers, each Check to request pre-approved by the Subscriber at the following rates: ❑ $50 for Law Enforcement written examination ❑ $35 for Corrections written examination 1. Description of Basic Services. This Agreement begins on the date as noted on page one (1) of this Agreement. The Contractor will provide the following services to the Subscriber: 1.1 Advertising and recruiting assistance, application intake processing, and administration of pre-employment written examinations and/or physical ability tests for those positions noted on Page One (1) of this Agreement. 1.1.1 Written examinations are administered in-person at Contractor's test events, including those conducted by Subscribing agencies; remotely through a network of certified college testing facilities; and, through the Contractor's online, virtual in-home testing program. 1.1.2 Physical ability tests for law enforcement and corrections applicants are administered at Contractor's test events, including those conducted by Subscribing agencies, and, through a network of partner gym and fitness facilities. 1.2 Report to the Subscriber the scores of applicants, with all information necessary for the Subscriber to place passing applicants upon its eligibility list and rank them relative to other candidates on appropriately constituted continuous testing eligibility lists. Contractor will report "raw" test scores to the Subscriber— no preference points will be factored into applicant scores and it is the Subscriber's responsibility to factor veteran's preference points in accordance with applicable federal and state laws. Written examination scores will be reported to the Subscriber as a percentage score (based on 100%) and physical ability test scores will be reported as "Pass" or"Fail". The passing score for written examinations is set by the test developer at 70%. For dispatcher candidates, the typing test results will be reported as words per minute (wpm) and accuracy rate (%). 1.3 Appear in any administrative or civil service proceeding in order to testify to and provide any and all necessary information to document the validity of the testing process, to participate in the defense of any testing process conducted by the Contractor pursuant to this Agreement and to otherwise provide any information necessary to the Subscriber to evaluate challenges to or appeals from the testing process. The Contractor shall appear without additional charge. The Subscriber Agreement Page 2 of 6 Public Safety Testing, Inc. Mason County, WA 2021 2021.01.vl Form Subscriber shall pay the reasonable cost of travel and appearance for any expert witness deemed necessary by the Subscriber to validate the testing process, including but not limited to, representatives of any company which holds the copyright to any testing material and whose testimony or appearance is deemed necessary to validate the process. Provided, however, Contractor shall not be required to appear at its cost nor to defend in any administrative or court proceeding arising from or out of a claim or challenge relating to Subscriber's use of other testing process(es) or out of Subscriber's attempt to establish multiple or blended eligibility lists for the same position based in whole or in part on other testing process(es). "Other testing process(es)" means any test or testing process other than those provided by the Contractor under this Agreement. 1.4 Term & Fees. The term of this agreement and the related professional fees are noted on page one (1) of this Agreement. 1.5 Payment. Subscriber shall pay an amount equal to twenty-five percent (25%) of the annual fee set forth above quarterly for services rendered in the previous quarter and for basic services including but not limited to, software relating to online application, advertising formats, previously advertised scheduling of test dates, model civil service rules, testing systems, as well as ongoing testing and recruitment, and any and all other work developed at the cost of the Contractor prior to or contemporaneous with the execution of this Agreement. Payment due within 30 days of receipt of invoice. 1.5.1 Direct Deposit (ACH Enrollment). Subscribers are encouraged to set up direct deposit (ACH enrollment) for their payments. There will be no additional fee for payments made using direct deposit (ACH enrollment). 1.5.2 Credit Card. A three percent (3%) fee will be added at the time of payment to each payment made using a credit card. The purpose of such fee is to cover Contractor's credit card processing fees. 2. Additional Services. In addition to the services provided under this Agreement, the Subscriber may, at its sole discretion, elect to purchase additional services from the Contractor. Such services shall be requested by and contracted for pursuant to separate written agreement. 3. Acknowledgements of Subscriber. The Subscriber understands and acknowledges, and specifically consents to the following stipulations and provisions: 3.1 Because applicable civil service law prohibits having multiple eligibility lists for the same class of hire, this Agreement is an exclusive agreement for these services. 3.2 The written and physical agility scores of any applicant shall be valid for 18 months from the date of certification by the Contractor or 12 months from the date of placement upon the Subscriber's eligibility list, whichever first occurs, following the report of the Contractor, and rules compatible with continuous Subscriber Agreement Page 3 of 6 Public Safety Testing, Inc. Mason County, WA 2021 2021.OI.0 Form testing shall be adopted. The Subscriber shall review its applicable hiring processes, advertisements, personnel policies and civil service rules (as applicable) to ensure compliance with the provisions of this Agreement. 3.3 An applicant may, in addition to the Subscriber's eligibility list, elect to have his/her score reported to and subject to placement on the eligibility list of any other Subscriber. Nothing in this Agreement shall be interpreted to prohibit the use of an applicants' score for consideration in or processing through any other subscriber's hiring and/or civil service eligibility process. The Subscriber agrees that if an applicant is hired by another agency through this service, the applicant's name shall be removed from Subscriber's eligibility list. 3.4 The Subscriber specifically understands and acknowledges that the Contractor may charge a reasonable testing fee from any and all applicants. 3.5 The Subscriber is encouraged to and may also conduct advertising as it deems necessary to support/enhance recruiting efforts. The Subscriber shall link PublicSafetyTesting.com on its agency's website, if it so maintains one. 3.6 Public Safety Testing views recruiting as a partnership with the Subscriber. The Subscriber agrees to actively participate in recruiting efforts for positions within the Subscriber agency. 3.7 The Subscriber agrees to keep the Contractor up-to-date as to the agency's hiring status, minimum and special requirements, all information appearing on the agency's PST website profile and the names of any candidates hired through these services. 3.8 Subscriber understands and acknowledges that a candidate's PST Personal History Statement (PHS) will be stored electronically by PST for 24 months from the date the candidate uploads the PHS to the PST website. Any PHS stored more than 24 months will automatically be deleted and will no longer be available to the Subscriber from the PST server. 4. Testing Standard and Warranty of Fitness for Use. All testing services conducted under this Agreement shall be undertaken in accordance with the provisions of the Washington State Civil Service Statutes, Chapter 41.08 and/or 41.12 and/or 41.14 RCW, or the terms of other applicable statute as the Subscriber shall notify the Contractor that the Subscriber must meet. Tests shall also be conducted in accordance with the general standards established by the Subscriber; the Subscriber shall be responsible for notifying the Contractor of any unusual or special process or limitation. The test utilized, the proctoring of the test and any and all other services attendant to or necessary to provide a valid passing or failing score to the Subscriber shall be conducted in accordance with generally accepted practice in the human resources, Civil Service and Public Safety Testing community. The Subscriber may monitor the actions and operations of the Contractor at any time. The Contractor shall maintain complete written records of its procedures and the Subscriber may, on reasonable request, review such records during regular business hours. The Contractor expressly agrees and warrants that all tests and written materials utilized have been acquired by the Contractor in accordance with Subscriber Agreement Page 4 of 6 Public Safety Testing, Inc. Mason County, WA 2021 2021.01.vl Form the appropriate copyright agreements and laws and that it has a valid right to use and administer any written materials and tests in accordance with such agreements and laws. If Subscriber uses or authorizes the use of other testing process(es) this warranty shall be null and void. 5. Independent Contractor. The Contractor is an independent contractor. Any and all agents, employees or contractors of the Contractor, shall have such relation only with the Contractor. Nothing herein shall be interpreted to create an employment, agency or contractual relationship between the Subscriber and any employee, agent or sub-contractor of the Contractor. 6. Indemnity and Hold Harmless. The parties agree and hold harmless each other, their officers, agents and employees in accordance with the following provisions: 6.1 The Contractor shall indemnify and hold harmless the Subscriber, its employees and agents from any and all costs, claims or liability arising from: 6.1.1 Violation of any copyright agreement or statute relating to the use and administration of the tests or other written materials herein provided for; 6.1.2 Any cost, claim or liability arising from or out of the claims of an employee, agent or sub-contractor to the end that the Contractor shall be an independent Contractor and the Subscriber shall be relieved of any and all claims arising from or relating to such employment relationships or contracts between the Contractor and third parties; 6.1.3 The alleged negligent or tortious act of the Contractor in the provision of services under this Agreement. 6.1.4 This indemnity shall not apply to any administrative or court proceeding arising from or out of any process in which the Subscriber has utilized or authorized other testing process(es). 6.2 The Subscriber shall indemnify and hold harmless the Contractor, its officers, agents and employees from any and all cost, claim or liability arising from or out of the alleged negligent or tortious act of the Subscriber in the provision of services hereunder. 7. Termination. This agreement terminates as noted in the Termination section on Page 1 of this Agreement. The Contractor and/or the Subscriber may also withdraw from this Agreement at any time for any reason with 60 days written notice, provided, however, that the provisions of paragraphs 1.3, 4, 5 and 6 shall remain in full force and effect following the termination of this Agreement with respect to, and continuing for so long as any applicant tested by the Contractor remains on the eligibility,list of the Subscriber. Subscriber Agreement Page 5 of 6 Public Safety Testing, Inc. Mason County, WA 2021 2021.01.vl Form 8. Entire Agreement, Amendment. This is the entire Agreement between the parties. Any prior agreement, written or oral, shall be deemed merged with its provisions. This Agreement shall not be amended, except in writing, at the express written consent of the parties hereto. This Agreement is dated this day of 12021. MASON COUNTY, WA PUBLIC SAFETY,TESTING, INC. By: By: _ August 24, 2021 r L: Print: Print: Jon F. Walters, Jr. Its: Its: President Contact: Jon Walters Address: 20818 —44th Ave. W., Suite 160 City/State/Zip: Lynnwood WA 98036 Telephone: 425.776.9615 Email: jon(c-publicsafetytesting.com Invoicing Preference (select one): Agency Recruiter: ❑ US Postal Service Mail Name: ❑ Electronic via Email @ Title: Email: Subscriber's Contact & Address for Billing: Agency Hiring (Please complete if different from contact Representative/Supervisor: information above) Contact: Name: Title: Title: Agency: Email: Address: Chief or Agency Director: City/State/Zip: Name: Telephone: Title: Email: Email: Subscriber Agreement Page 6 of 6 Public Safety Testing, Inc. Mason County, WA 2021 2021.01.vl Form MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Kell Rowen DEPARTMENT: Planning EXT: 286 BRIEFING DATE: 8/30/2021 PREVIOUS BRIEFING DATES: None If this is a follow-up briefing, please provide only new information INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal ❑ Other— please explain ITEM: Discussion of long-range planning projects and priorities for the remaining year and 2022. EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): The Planning department (long-range) continues to work on the Planned Action EIS for Beifair, is finalizing the periodic review (update) of the Shoreline Master Program (SMP) and will transition to updating the Capital Facilities Plan. The County is required to fully update its Comprehensive Plan by June of 2025 with a proposed start date of January 2024. Until then, here is a non-inclusive list of potential projects for the department: • Short-term Rental regulations • Impact fees (traffic, schools, etc.) • Housing Element (of the Comp Plan) • Update of the Rural Lands (non-UGAs) Development Regulations In addition, the County has an opportunity to apply for an Ecology Grant (up to $100,000) to assist the County in the implementation of its SMP. Staff is recommending competing for the grant, and if successful, hiring consultant services to assist with publishing on-line Shoreline Permits through the SmartGov portal, providing "how-to"videos on our website, updating application forms and handouts and recommendations for monitoring and adapting. BUDGET IMPACT: None PUBLIC OUTREACH:(include any legal requirements, direct notice, website, community meetings, etc.) None RECOMMENDED OR REQUESTED ACTION: Discussion of prioritizing long-range planning projects. ATTACHMENTS: None Briefing Summary 8/20/2021 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Alex Paysse DEPARTMENT: Community Services, EXT: 279 Environmental Health BRIEFING DATE: 8/30/2021 PREVIOUS BRIEFING DATES: NA If this is a follow-up briefing, please provide only new information ITEM: Pickering Passage Commercial Shellfish Harvest Area Closure EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): Washington State Department of Health has finalized reclassifying a portion of shellfish harvest area within Pickering Passage in Case Inlet due to non-point sources of pollution. An existing prohibited harvest area is being expanded near Jones Cove (see attachments). In accordance with RCW 90.72.045, Mason County will need to create a shellfish protection district and response plan/program within 180 days. In May 2021, Mason County combined all existing shellfish protection districts and implemented a single district approach which encompasses this downgraded area already. Staff will begin reaching out to DOH and partnering agencies in creation of a watershed specific response plan. Staff is working this area currently as it was already a prohibited area within the existing south sound project/grant. PUBLIC OUTREACH: (Include any legal requirements, direct notice, website, community meetings, etc.) — Response plan will be briefed ahead of formal adoption. Staff will work with various partnering agencies. BUDGET IMPACTS: Staff estimates about $3,000 in staff time to create the addendum. Costs paid for by existing grants, no changes to budget. RECOMMENDED OR REQUESTED ACTION: No formal requests at this time, staff will continue working with partners on a draft response plan to the official notice received by commission. ATTACHMENTS: WSDOH Notice of Downgrade Briefing Summary 8/24/2021 Cc CMMRS Neatherlin. Shutty, Trask Clerk STATE OF WASHINGTON 4 r4. 0 d �^ Nl lexs DEPARTMENT OF HEALTH r�ECEIVE0 OFFICE OF ENVIRONMENTAL HEALTH AND SAFETY JUL 0 1 2021 PO Box 47824.Olympia, Washington 98504-7824 (360)236-3330 • 711 Washington Relay Service MASON COLWry COMMIS310MRS June 29,2021 The Honorable Randy Neatherlin, Chair Mason County Board of Commissioners 411 North Fifth Avenue Shelton, Washington 98584 Dear Commissioner Neatherlin: Enclosed is an Administrative Order reclassifying a portion of the Pickering Passage Commercial Shellfish Growing Area near Jones Cove in Mason County from Approved to Prohibited. This change in classification is prompted by the results of a comprehensive review of pollution conditions and marine water quality. The area being reclassified is identified by boundary lines on the map included in the enclosed Sanitary Survey report and Exhibit A of the Administrative Order. If you have any questions,please contact Trevor Swanson at trevor.swanson@�doh.wa.gov or (360)236-3313. Sincerely, -21� / % 1 Todd Phillips,R.S. Office Director Enclosures Printed From Mason County DMS Printed from Mason County DMS CERTIFIED RETURN RECEIPT STATE OF WASHINGTON DEPARTMENT OF HEALTH OFFICE OF ENVIRONMENTAL HEALTH AND SAFETY MASTER CASE NO. M2021-475 In the Matter of the Reclassification of the ) FINDINGS OF FACT, Commercial Shellfish Growing Area in ) CONCLUSIONS OF LAW AND INITIAL Pickering Passage ) ORDER: RECLASSIFYING THE COMMERCIAL SHELLFISH GROWING AREA 1 To: The Honorable Randy Neatherlin, Chair 2 Mason County Board of Commissioners 3 411 North Fifth Avenue 4 Shelton, Washington 98584 5 6 SECTION 1. FINDINGS OF FACT 7 1.1 Under RCW 69.30.050 and WAC 246-282, the Department of Health has the authority 8 and responsibility to inspect and certify all commercial shellfish growing areas. 9 1.2 Under WAC 246-282-005(1), the Department certifies commercial shellfish growing 10 areas based on the Growing Area Classification defined under Section IV.@.03 of the 11 National Shellfish Sanitation Program Model Ordinance ("the NSSP"). 12 1.3 The Department has analyzed water quality data and reviewed pollution source 13 information for the commercial shellfish growing area in Pickering Passage. The 14 Department's evaluation is attached to this Initial Order and is a part of this Initial Order. 15 1.4 The results of the Department's evaluation demonstrate that the part of the commercial 16 shellfish growing area that is currently classified as Approved now meets the standards 17 for a Prohibited classification under the NSSP. 18 1.5 The area being changed in classification from Approved to Prohibited in Pickering 19 Passage is shown in EXHIBIT A. 20 21 SECTION 2. CONCLUSIONS OF LAW 22 Based on the foregoing Findings of Fact, the Department makes the following 23 Conclusions of Law: 24 2.1 The Department of Health, Office of Environmental Health and Safety, has jurisdiction 25 over this matter. Printed From Mason County DMc` Printed from Mason County DMS 26 2.2 Under RCW 69.30, WAC 246-282-005(1), and the NSSP, the findings of the 27 Department's evaluation of water quality data and pollution source information require 28 that the commercial shellfish growing area be reclassified as shown in EXHIBIT A. 29 2.3 Under RCW 34.05.461 and 43.70.115(2)(a), the Secretary of Health may determine 30 when this Initial Order may become a Final Order. 31 32 SECTION 3. INITIAL ORDER 3 Based on the foregoing Findings of Fact and Conclusions of Law and under the authority 34 of RCW 34.05.461, the Secretary enters the following Initial Order: 35 IT IS HEREBY ORDERED that the commercial shellfish growing area in 36 Pickering Passage SHALL BE RECLASSIFIED as Prohibited as shown in EXHIBIT A. 37 IT IS FURTHER ORDERED that you may request a hearing in this matter. 38 IT IS FURTHER ORDERED that this Initial Order will become a Final Order 39 without further notice thirty-five (35) days from date of signature, unless you request a 40 hearing in the time frame specified below. 41 42 SECTION 4. REQUEST FOR ADJUDICATIVE PROCEEDING (HEARING) 43 If you wish to contest this decision, you (or your representative) must file a request for a 44 hearing within twenty-eight (28) days after you receive this document. To do this, you (or your 45 representative) must complete and file the "Application for Adjudicative Proceeding" that is 46 enclosed or complete and file a document that provides the same information. You must file the 47 request with the Department of Health's Adjudicative Service Unit in a way that shows that the 48 Adjudicative Service Unit received the request. 49 If you do not file a request within twenty-eight (28) days of your receipt of this decision, 50 your right to a hearing will be waived, and this Initial Order will become a Final Order without 1 further notice to you. 52 You must attach a copy of this Initial Order to your request. FILING IS NOT COMPLETE 53 UNTIL THE ADJUDICATIVE SERVICE UNIT ACTUALLY RECEIVES YOUR REQUEST. Adjudicative Service Unit: Department of Health Adjudicative Service Unit 310 Israel Road SE PO Box 47879 Olympia WA 98504-7879 (360)236-4672 Printed From Mason County DIMS Printed from Mason County DMS EXHIBIT A Pickering Passage (Jones Cove) Growing Area Location of Classification Change C3 Pickering Passage •• ,un„: Alp Health 0 21,01e5 Date Updated.811412019 I S" � ' �i r® ��I lam. '`• � � ! fl�` !• N3� — _�:i-�� •� t7 y/"'6t3 5t -hf�` `�l�f JIr. �7',____ t11 �. ]ones Cove 6,7 11 _ �^ '%� � �� `-w- ;�, �+i'•� %)1 fig/ y 1. % i '• �j,�, j#��� rah ♦ fib-- j , � o f Classification Sampling Stations N -Approved ■ E Concidional w w - Prohibited -Restricted s -So.w iar-pN��LY��h)u.hi�.IQr:sC - Unclassified wcn flr.y DSx to us.dn�cryl Printed From Mason County DNAq Printed from Mason County DMS EXHIBIT A Pickering Passage (Jones Cove) Growing Area Proposed Classification Change Legend ■ Water Quality Stations Classification - Approamd Conditional Prohlb3ed _ Restricted Unc!assif ed 47.2672,-122.9293 47.2672,-122.9275 o L 47.2670,-122.9273 Proposed additional Prohibited area • 47.2663,-122.9275 Current Prohibited area -- 47.2663,-122.9278 Printed From Mason County DM.'.". Printed from Mason County DMS APPLICATION FOR ADJUDICATIVE PROCEEDING MASTER CASE NO. M2021-475 IF YOU WISH TO REQUEST AN ADJUDICATIVE PROCEEDING in the above-referenced matter, you or your representative must, within twenty-eight (28) days of your receipt of this decision, complete and file this Application or a document providing substantially the same information with the Department's Adjudicative Service Unit in a manner that shows proof of receipt by Adjudicative Service Unit. FAILURE to submit an Application within twenty-eight (28) days of your receipt of the decision will constitute waiver of your right to an adjudicative proceeding, and the Department may decide this matter without your participation and without further notice to you. In what follows, please check the appropriate response. I do ❑ request an ADJUDICATIVE PROCEEDING in this matter. IF YOU DO NOT WISH TO CONTEST THE DEPARTMENT'S DECISION, YOU DO NOT NEED TO FILE THIS APPLICATION. If you file an Application with the Adjudicative Service Unit, you must attach a copy of the Department's decision. FILING SHALL NOT BE DEEMED COMPLETE UNTIL THE ADJUDICATIVE SERVICE UNIT RECEIVES YOUR APPLICATION. If, by filing an Application, you have requested an adjudicative proceeding, it may be conducted as a formal hearing, at which you would have the opportunity to respond, present evidence and argument, conduct cross-examination and submit rebuttal evidence. Alternatively, you may waive the formal hearing and submit a written statement and supporting documents, which may set out your position, your defenses and any mitigating circumstances that you may wish to bring to the Department's attention. In what follows, please check the appropriate response and provide the information requested. I do❑ do not ❑waive my right to a formal hearing in this matter. If you have chosen to waive your right to a formal hearing, please indicate whether you are ❑ are not ❑ submitting any documents to the Department in support of your position. If you are submitting documents to the Department, please list and briefly identify all such documents in the space provided and on such additional sheets as may be necessary: Whether or not you have chosen to waive your right to a formal hearing in this matter, please state all grounds for contesting the Department's decision in the space provided and on such additional sheets as may be necessary: Printed From Mason County DIMS Printed from Mason County DMS You have the right to be represented by an attorney in this matter. If you are a hearing-impaired person or a limited-English speaking person, the Department will provide interpretation and assistance with notices as provided for in WAC 246-10-121 and WAC 246-10-122. In what follows, please check the appropriate responses and provide the information requested. I will ❑ will not ❑ be represented by an attorney in this matter. If you have indicated that you will be represented by an attorney, please provide your attorney's name and address in the space provided below: If, after submitting this request, you obtain attorney representation or change attorneys, you must notify the Adjudicative Service Unit. I do ❑ do not ❑ require the assistance of an interpreter in connection with this proceeding. If you require the assistance of an interpreter, please indicate whether you are a hearing impaired person and/or a limited-English-speaking person and the language you most readily understand below: If you fail to timely file this Application or, if you timely file this Application, but fail to appear at any scheduled settlement conference, prehearing conference or hearing without leave to do so, you will be considered to have waived your right to a hearing and the Department may decide this matter without your participation and without further notice to you. Adjudicative Service Unit: Department of Health Adjudicative Service Unit 310 Israel Road SE PO Box 47879 Olympia WA 98504-7879 (360) 236-4672 Dated this the day of 2021. Owner/Requester Contact Phone&Address: Party Party's Representative WSBA# Printed From Mason County DIMS Printed from Mason County DMS Addendum to the 2019 SanitarySurveyReport of PickeringPassage June 2021 Washington State Department of lH� ea l th WASHINGTON STATE DEPARTMENT OF HEALTH OFFICE OF ENVIRONMENTAL HEALTH AND SAFETY SHELLFISH PROGRAMS Prepared by: Trevor Swanson Public Health Advisor Reviewed and Approved /s/Jean Frost 05/26/2021 Sanitary Survey Officer Date Printed From Mason County DMS Printed from Mason County DMS Summary The 2020 Pickering Passage Growing Area Annual Report identified Marine Water Station 67 as failing the National Shellfish Sanitation Program (NSSP)water quality standards for an Approved classification and recommended that the area around this station be evaluated for reclassification. This report changes the classification of approximately seven acres near Jones Cove from Approved to Prohibited. Description of Growing Area and Background Pickering Passage is in southern Puget Sound and extends about eight miles from Case Inlet in the north to Totten and Eld inlets in the south. Station 67 is in Jones Cove, west of Geist Point, near the western shore of Pickering Passage in the middle of the growing area. Map 1, page 2, shows the Pickering Passage Growing Area, including the locations of sampling stations and classification boundaries. As shown on Map 1, Station 67 holds the boundary between Prohibited and Approved growing waters. Fecal coliform levels have been variable at Station 67 in the past. The 2007 Sanitary Survey maintained the classification of the area around Station 67 as Prohibited. In 2013, part of the Prohibited area was upgraded to Approved due to improved water quality at Station 67. However, in 2016, fecal coliform levels began increasing at Station 67, threatening a possible downgrade in classification. Pollution Source Survey Jones Creek flows into Jones Cove and Pickering Passage near Station 67. Jones Creek is a seasonal creek which has low flow from October through June. Other potential pollution sources near Station 67 and Jones Cove include small upland farms, residences with on-site septic systems (OSS), and pet and wildlife waste. The upper watershed of Jones Creek is mostly undeveloped. During the 2019 Shoreline Survey of Pickering Passage, Department staff did not identify any Direct or Indirect impacts along the shoreline near Jones Cove. Department staff collected two fecal coliform samples from Jones Creek in June and October 2018. Both results were 13 FC/100mL. Staff collected three more samples in Jones Creek in early 2021. See below table for results. Sampling by the Department is ongoing. Table 1. Results of Department of Health 2021 Jones Ck (near mouth) sampling. Date FC/100mL Estimate FC/da 2/16/2021 33 5.61 E+09 3/17/2021 4.5 7.64E+08 4/14/2021 2500 4.25E+11 Mason County is also leading an operations and maintenance project in Jones Cove, attempting to identify and repair inadequately operating OSS. Water Quality Marine Water Station 67 failed the NSSP standard for an Approved classification in the 2020 Annual Report with an estimated 90th percentile of 109.7 FC/100mL and a geometric mean of 9.2 FC/100mL. Currently, Station 67 fails the standard. Table 1, page 3, shows current 30- sample estimated 90th percentile and geometric means for this station and the nearest station— 1 Printed From Mason County [EMI: Printed from Mason County DMS • I•�``=' `/ � ' �� '�'' /Sj.�.�/ � � -` �"'° i Ill c /�. , c � r - ell li I Pt 1 Table 1. Current Pickering Passage stations 67 and 72 fecal coliform (FC) summary statistics. Thirty samples are included in each dataset. Station Classification Date Ran Range GeoMean per Estimated 90th Meets Range Number (FC/100 mL) (FC/100mL centile ) (FC/ 00mL) Standard 67 Prohibited 5/10/2016-4/21/2021 1.7-920 8.3 104.8 No 72 Approved 1 5/10/2016-4/21/2021 1 1.7-7.8 2.2 1 3.7 1 Yes 'The standard for approved shellfish growing waters is a fecal coliform geometric mean not greater than 14 organisms/100 mL with an estimated 90th percentile not greater than 43 organisms/100 mL.The above table shows bacteriological results in relation to program standards. Department staff evaluated environmental conditions (rainfall, salinity, and seasonality of elevated FC levels)that potentially impact the area around Station 67. Excluding data collected within 5 days of rainfall over 0.50 inch in 24 hours lowered the estimated 90t' percentile substantially (58.3 FC/100mQ, but not below the 43 FC/100mL NSSP criterion. An evaluation of seasonality showed that high fecal coliform levels occur throughout the year. Salinity did not seem to play a significant role at determining high fecal coliform levels either. Additionally, pollution sources affecting the area are not fully understood. Therefore, the Department does not recommend a Conditionally Approved classification until pollution sources are identified. Conclusions Based on Marine Station 67 failing the NSSP standard and an evaluation of marine water quality data, approximately seven acres in the Approved portion of the Pickering Passage Growing Area near Jones Cove are reclassified from Approved to Prohibited. The updated Prohibited area, including GPS coordinates, is shown on Map 2, page 4. Recommendations The Department should continue to work with Mason County and others to identify and correct sources of pollution in the Jones Creek watershed, and along the Jones Cove shoreline. 3 Printed From Mason County DMS Printed from Mason County DMS Legend ■ Water Quality Stations f classification -Approved Conditional Prohibited _ Restricted O Unclassified 41.2672,-122.9293 47.2672,-122.9275 47.2670,-122.9273 2 47.2663,-122.9275 67 47.2663,-122.9278 1 Map 2. Updated Prohibited area with GPS coordinates. 4 Printed From Mason County DMS Printed from Mason County DMS Table 2. Most recent data from stations 67 and 72. Station: 67 Classification: Prohibited Method: SRS Total Samples: 30 Date Range: 05/10/2016-04/21/2021 Range(FC/100 mL): 1.7-920.0 E90th (FC/100 mL): 104.8 GeoMean (FC/100 mL): 8.3 Meets Standard: N Sample Event Type Time Tide SWT Salinity Fecal Date Coliform 05/10/2016 Regulatory 09:59 Ebb 13 27 4.5 07/26/2016 Regulatory 11:51 Flood 16 30 2.0 09/08/2016 Regulatory 12:01 Flood 15 26 1.7 11/08/2016 Regulatory 12:16 Flood 12 9 4.0 02/02/2017 Regulatory 13:13 Ebb 3 11 1.7 04/05/2017 Regulatory 12:52 Flood 9 9 33.0 06/13/2017 Regulatory 10:47 Ebb 12 27 17.0 08/24/2017 Regulatory 10:35 Ebb 16 27 79.0 10/24/2017 Regulatory 11:12 Ebb 11 25 1.7 12/06/2017 Regulatory 11:08 Ebb 7 28 2.0 01/24/2018 Regulatory 11:31 Ebb 7 22 11.0 03/20/2018 Regulatory 11:20 Ebb 7 24 2.0 05/09/2018 Regulatory 12:02 Flood 10 28 1.7 07/31/2018 Regulatory 10:53 Ebb 16 26 4.5 09/12/2018 Regulatory 10:29 Ebb 15 28 130.0 11/27/2018 Regulatory 11:46 Ebb 9 13 79.0 02/14/2019 Regulatory 11:19 Flood 5 15 17.0 03/26/2019 Regulatory 10:54 Ebb 9 25 1.8 06/10/2019 Regulatory 11:16 Flood 16 28 1.8 08/05/2019 Regulatory 10:57 Ebb 18 28 7.8 10/30/2019 Regulatory 09:25 Ebb 12 29 11.0 1 211 6/201 9 Regulatory 09:50 Ebb 9 23 1.7 01/23/2020 Regulatory 10:44 Ebb 9 13 920.0 03/12/2020 Regulatory 09:41 Ebb 9 20 1.7 05/07/2020 Regulatory 18:07 Flood 16 24 2.0 07/15/2020 Regulatory 14:53 Flood 22 25 6.8 09/08/2020 Regulatory 12:04 Ebb 16 24 920.0 11/16/2020 Regulatory 11:35 Ebb 11 15 350.0 02/04/2021 Regulatory 10:49 Ebb 9 21 1.7 04/21/2021 Regulatory 12:33 Flood 13 27 1.7 5 Printed From Mason County DMS Printed from Mason County DMS 1 Station: 72 Classification:Approved Method: SRS Total Samples: 30 Date Range: 05/10/2016-04/21/2021 Range(FC/100 mL): 1.7-7.8 E90th (FC/100 mL): 3.7 GeoMean (FC/100 mL): 2.2 Meets Standard: Y Sample Event Type Time Tide SWT Salinity Fecal Date Coliform 05/10/2016 Regulatory 09:57 Ebb 13 28 1.7 07/26/2016 Regulatory 11:53 Flood 15 32 1.7 09/08/2016 Regulatory 12:02 IFlood 15 30 1.7 11/08/2016 Regulatory 12:18 Flood 12 28 4.5 02/02/2017 Regulatory 13:15 Ebb 6 27 1.7 04/05/2017 Regulatory 12:55 Flood 8 23 7.8 06/13/2017 Regulatory 10:50 Ebb 12 28 2.0 08/24/2017 Regulatory 10:37 Ebb 15 29 1.7 10/24/2017 Regulatory 11:14 Ebb 12 29 1.7 12/06/2017 Regulatory 11:10 Ebb 8 30 1.7 01/24/2018 Regulatory 11:33 Ebb 8 28 2.0 03/20/2018 Regulatory 11:23 Ebb 7 29 1.7 05/09/2018 Regulatory 12:03 Flood 10 29 1.7 07/31/2018 Regulatory 10:55 Ebb 16 28 2.0 09/12/2018 Regulatory 10:31 Ebb 15 29 2.0 11/27/2018 Regulatory 11:49 Ebb 10 30 2.0 02/14/2019 Regulatory 11:20 Flood 7 28 4.5 03/26/2019 Regulatory 10:56 Ebb 9 28 1.7 06/10/2019 Regulatory 11.17 Flood 15 29 4.5 08/05/2019 Regulatory 10:59 Ebb 16 29 1.7 10/30/2019 Regulatory 09:22 Ebb 12 29 4.5 12/16/2019 Regulatory 09:48 Flood 10 29 1.7 01/23/2020 Regulatory 10:49 Ebb 9 27 4.0 03/12/2020 Regulatory 09:45 Ebb 9 28 1.7 05/07/2020 Regulatory 18:11 Flood 12 29 1.7 07/15/2020 Regulatory 14:50 Flood 16 28 1.7 09/08/2020 Regulatory 12:05 Ebb 16 29 1.7 11/16/2020 Regulatory 11:39 Ebb 10 29 1.7 02/04/2021 Regulatory 10:52 Ebb 9 27 1.7 04/21/2021 Regulatory 1237 Flood 13 27 1.7 6 Printed From Mason County DMS Printed from Mason County DMS MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Alex Paysse DEPARTMENT: Community Services, EXT: 279 Environmental Health BRIEFING DATE: 8/30/2021 PREVIOUS BRIEFING DATES: NA If this is a follow-up briefing, please provide only new information ITEM: Annas Bay Commercial Shellfish Harvest Area Closure EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): Washington State Department of Health has finalized reclassifying a portion of shellfish harvest area within Annas Bay in Hood Canal due to non-point sources of pollution. A portion of the conditionally approved area is being downgraded to a prohibited status (see attachments). In accordance with RCW 90.72.045, Mason County will need to create a shellfish protection district and response plan/program within 180 days. In May 2021, Mason County combined all existing shellfish protection districts and implemented a single district approach which encompasses this downgraded area already. In October of 2018 a response plan was approved by the commission for Annas Bay in response to the previous downgrade to a conditional status. Staff has begun reaching out to DOH and partnering agencies and will be proposing an addendum to the existing response plan. Implementation of the existing plan is occurring through grant funding with the Hood Canal Coordinating Council. PUBLIC OUTREACH: (Include any legal requirements, direct notice, website, community meetings, etc.) — Updates to response plan will be briefed ahead of formal adoption. Staff will work with various partnering agencies. BUDGET IMPACTS: Staff estimates about $2,000 in staff time to create the addendum. Costs paid for by existing grants, no changes to budget. RECOMMENDED OR REQUESTED ACTION: No formal requests at this time, staff will continue working with partners on a draft addendum in response to the official notice received by commission. ATTACHMENTS: WSDOH Notice of Downgrade Briefing Summary 8/24/2021 Cc:CMMRS Neatherlin, Shutty, Trask Clerk sr�rt, 0 4. cti �y1�ax9 a STATE OF WASHINGTON DEPARTMENT OF HEALTH GRIFEEC-E V E n� OFFICE OF ENVIRONMENTAL HEALTH AND SAFETY l J PO Box 47824.Olympia, Washington 98504-7824 JUL 0 1 2021 (360)236-3330 • 711 Washington Relay Service MASON COUNTY COMMISSIONERS June 29,2021 The Honorable Randy Neatherlin,Chair Mason County Board of Commissioners 411 North 5th Avenue Shelton, Washington 98584 Dear Commissioner Neatherlin: Enclosed is an Administrative Order reclassifying a portion of the Annas Bay Commercial Shellfish Growing Area in Mason County from Conditionally Approved to Prohibited. This change in classification is prompted by the results of a comprehensive review of pollution conditions and marine water quality. The area being reclassified is identified by boundary lines on the map included in the enclosed Sanitary Survey report and Exhibit A of the Administrative Order. If you have any questions,please contact Trevor Swanson at trevor.swansonAdoh.wa.gov or (360)236-3313. Sincerely, % - Todd Phillips, R.S. Office Director Enclosures Printed From Mason County DMS Printed from Mason County DMS CERTIFIED RETURN RECEIPT STATE OF WASHINGTON DEPARTMENT OF HEALTH OFFICE OF ENVIRONMENTAL HEALTH AND SAFETY MASTER CASE NO. M2021-474 In the Matter of the Reclassification of the ) FINDINGS OF FACT, Commercial Shellfish Growing Area in ) CONCLUSIONS OF LAW AND INITIAL Annas Bay ) ORDER: RECLASSIFYING THE COMMERCIAL SHELLFISH GROWING AREA 1 To: The Honorable Randy Neatherlin, Chair 2 Mason County Board of Commissioners 3 411 North 5th Avenue 4 Shelton, Washington 98584 5 6 SECTION 1. FINDINGS OF FACT 7 1.1 Under RCW 69.30.050 and WAC 246-282, the Department of Health has the authority 8 and responsibility to inspect and certify all commercial shellfish growing areas. 9 1.2 Under WAC 246-282-005(1), the Department certifies commercial shellfish growing 10 areas based on the Growing Area Classification defined under Section IV.@.03 of the 11 National Shellfish Sanitation Program Model Ordinance ("the NSSP"). 12 1.3 The Department has analyzed water quality data and reviewed pollution source 13 information for the commercial shellfish growing area in Annas Bay. The Department's 14 evaluation is attached to this Initial Order and is a part of this Initial Order. 15 1.4 The results of the Department's evaluation demonstrate that the part of the commercial 16 shellfish growing area that is currently classified as Conditionally Approved now meets 17 the standards for a Prohibited classification under the NSSP. 18 1.5 The area being changed in classification from Conditionally Approved to Prohibited in 19 Annas Bay is shown in EXHIBIT A. 20 21 SECTION 2. CONCLUSIONS OF LAW 22 Based on the foregoing Findings of Fact, the Department makes the following 23 Conclusions of Law: 24 2.1 The Department of Health, Office of Environmental Health and Safety, has jurisdiction 25 over this matter. Printed From Mason County DMS Printed from Mason County DMS 26 2.2 Under RCW 69.30, WAC 246-282-005(1), and the NSSP, the findings of the 27 Department's evaluation of water quality data and pollution source information require 28 that the commercial shellfish growing area be reclassified as shown in EXHIBIT A. 29 2.3 Under RCW 34.05.461 and 43.70.115(2)(a), the Secretary of Health may determine 30 when this Initial Order may become a Final Order. 31 32 SECTION 3. INITIAL ORDER 33 Based on the foregoing Findings of Fact and Conclusions of Law and under the authority 34 of RCW 34.05.461, the Secretary enters the following Initial Order: 35 IT IS HEREBY ORDERED that the commercial shellfish growing area in Annas 36 Bay SHALL BE RECLASSIFIED as Prohibited as shown in EXHIBIT A. 37 IT IS FURTHER ORDERED that you may request a hearing in this matter. 38 IT IS FURTHER ORDERED that this Initial Order will become a Final Order 39 without further notice thirty-five (35) days from date of signature, unless you request a 40 hearing in the time frame specified below. 41 42 SECTION 4. REQUEST FOR ADJUDICATIVE PROCEEDING (HEARING) 43 If you wish to contest this decision, you (or your representative) must file a request for a 44 hearing within twenty-eight (28) days after you receive this document. To do this, you (or your 45 representative) must complete and file the "Application for Adjudicative Proceeding" that is 46 enclosed or complete and file a document that provides the same information. You must file the 47 request with the Department of Health's Adjudicative Service Unit in a way that shows that the 48 Adjudicative Service Unit received the request. 49 If you do not file a request within twenty-eight (28) days of your receipt of this decision, 50 your right to a hearing will be waived, and this Initial Order will become a Final Order without 51 further notice to you. 52 You must attach a copy of this Initial Order to your request. FILING IS NOT COMPLETE 53 UNTIL THE ADJUDICATIVE SERVICE UNIT ACTUALLY RECEIVES YOUR REQUEST. Adjudicative Service Unit: Department of Health Adjudicative Service Unit 310 Israel Road SE PO Box 47879 Olympia WA 98504-7879 (360)236-4672 Printed From Mason County DIM., Printed from Mason County DMS APPLICATION FOR ADJUDICATIVE PROCEEDING MASTER CASE NO. M2021-474 IF YOU WISH TO REQUEST AN ADJUDICATIVE PROCEEDING in the above-referenced matter, you or your representative must, within twenty-eight (28) days of your receipt of this decision, complete and file this Application or a document providing substantially the same information with the Department's Adjudicative Service Unit in a manner that shows proof of receipt by Adjudicative Service Unit. FAILURE to submit an Application within twenty-eight (28) days of your receipt of the decision will constitute waiver of your right to an adjudicative proceeding, and the Department may decide this matter without your participation and without further notice to you. In what follows, please check the appropriate response. I do ❑ request an ADJUDICATIVE PROCEEDING in this matter. IF YOU DO NOT WISH TO CONTEST THE DEPARTMENT'S DECISION, YOU DO NOT NEED TO FILE THIS APPLICATION. If you file an Application with the Adjudicative Service Unit, you must attach a copy of the Department's decision. FILING SHALL NOT BE DEEMED COMPLETE UNTIL THE ADJUDICATIVE SERVICE UNIT RECEIVES YOUR APPLICATION. If, by filing an Application, you have requested an adjudicative proceeding, it may be conducted as a formal hearing, at which you would have the opportunity to respond, present evidence and argument, conduct cross-examination and submit rebuttal evidence. Alternatively, you may waive the formal hearing and submit a written statement and supporting documents, which may set out your position, your defenses and any mitigating circumstances that you may wish to bring to the Department's attention. In what follows, please check the appropriate response and provide the information requested. I do❑ do not❑waive my right to a formal hearing in this matter. If you have chosen to waive your right to a formal hearing, please indicate whether you are ❑ are not❑ submitting any documents to the Department in support of your position. If you are submitting documents to the Department, please list and briefly identify all such documents in the space provided and on such additional sheets as may be necessary: Whether or not you have chosen to waive your right to a formal hearing in this matter, please state all grounds for contesting the Department's decision in the space provided and on such additional sheets as may be necessary: Printed From Mason County DMS Printed from Mason County DMS You have the right to be represented by an attorney in this matter. If you are a hearing-impaired person or a limited-English speaking person, the Department will provide interpretation and assistance with notices as provided for in WAC 246-10-121 and WAG 246-10-122. In what follows, please check the appropriate responses and provide the information requested. I will ❑ will not ❑ be represented by an attorney in this matter. If you have indicated that you will be represented by an attorney, please provide your attorney's name and address in the space provided below: If, after submitting this request, you obtain attorney representation or change attorneys, you must notify the Adjudicative Service Unit. I do ❑ do not ❑ require the assistance of an interpreter in connection with this proceeding. If you require the assistance of an interpreter, please indicate whether you are a hearing impaired person and/or a limited-English-speaking person and the language you most readily understand below: If you fail to timely file this Application or, if you timely file this Application, but fail to appear at any scheduled settlement conference, prehearing conference or hearing without leave to do so, you will be considered to have waived your right to a hearing and the Department may decide this matter without your participation and without further notice to you. Adjudicative Service Unit: Department of Health Adjudicative Service Unit 310 Israel Road SE PO Box 47879 Olympia WA 98504-7879 (360) 236-4672 Dated this the day of 12021. Owner/Requester Contact Phone&Address: Party Party's Representative WSBA# Printed From Mason County DMS Printed from Mason County DMS EXHIBIT A Annas Bay Growing Area Current Classifications C3 Annas Bay ff.V vHealth 0 0.75 1.5 Miles Date Updated:8/27/2018 -/ 226 THE GRE T BEND t 3 . + t� ■04 c ry =~ a rers 9F F ®/Ali3 'T 00 F~O •' e ' 03 r ■ ti 2 9 ■ 195 300 ANN S BAY vc 25 199 - } S OICOM1 ` 197 j - ■ :Ny •.c t: zos ■ ( L A T 4 I ��o ,0 200 +�� a 98` 299 •T,ttn - r 314 41. O -rya .1 Gam• r.T�` � ( O '�t • ��,. �'�., is -� Ste ' -�.-.'_;__- ' 1 Classification Sampling Stations N -Approved vv e Conditional • - Prohibited s - Restricted UnCIaSSlfied 'Some samping stations are highlighted with grey Doz for ease of reading. Printed From Nlason County Dl\, Printed from Mason County DMS EXHIBIT A Annas Bay Growing Area Proposed Classifications datch Legend I THE GREAT SEND 1 ■ Water Quality Stations Pak* Classification T 1"t Approved Conditional VETS F Prohibited O FNO q - Restricted O B Fj Unclassified y j .196■ 1 196 s00 N I S BAY s �- 47.3518, -123.1188 47.3520,-123.1067 97 •ri �fe t 47.3459,-123.1106 200 289 i-- S21 314 Oi 47.3446,-123.1092 47.3457,-123.1248 - I 47.3446,-123.1109 ? I-ASS, 1 Q w r 3, -s �� � +���• �` a .. 'J ,/� o. Printed From Mason County DK Printed from Mason County DMS Addendum to the 2012 SanitarySurveyReport of Annas Bay June 2021 Washington State Department of /� * Health WASHINGTON STATE DEPARTMENT OF HEALTH OFFICE OF ENVIRONMENTAL HEALTH AND SAFETY SHELLFISH PROGRAMS Prepared by: Trevor Swanson Public Health Advisor Reviewed and Approved /s/Jean Frost 05/26/2021 Sanitary Survey Officer Date Printed From Mason County DIMS Printed from Mason County DMS Summary The 2020 Annas Bay Annual Report identified Marine Water Station 198 as failing the National Shellfish Sanitation Program (NSSP) water quality standards for a Conditionally Approved classification and recommended that the area around this station be evaluated for reclassification. This report changes the classification of approximately 176 acres, including stations 198 and 314, from Conditionally Approved to Prohibited. Description of Growing Area and Background The Skokomish River delta, a shallow estuary at the mouth of the Skokomish River, comprises most of Annas Bay. The flat and low-lying Skokomish River valley contains numerous farms and sparse development that may be inundated during flooding conditions. The Skokomish River exits into Annas Bay via a channel on the eastern shore, depositing most of the flow into the eastern portion of the growing area. There are several residences along the eastern shoreline of Annas Bay. The Washington State Department of Health (the Department) currently closes the Conditionally Approved portion of the growing area when the Skokomish River exceeds 15 feet on USGS gauge 12061500 ("Skokomish River near Potlatch"). The area opens seven days after flooding conditions recede. See Map 1, page 2. Pollution Source Survey Skokomish River: Department staff visited the Skokomish valley twice in 2016 to evaluate the extent of floodwater inundation during times of high flow(15 to 17 feet on the USGS gauge). Staff noticed localized overflow from the Skokomish River itself and moderate flooding from tributaries of the Skokomish River, most notably Weaver and Hunter creeks. Staff also observed livestock with access to floodwaters. Waste from these animals has potential to reach Weaver and Hunter creeks and the growing area. Also, some properties with on-site septic systems (OSS) had saturated soils or localized flooding, hydrologically connecting septic outflow to creek water. This occurs at 15 feet or above on the USGS gauge. These observations were corroborated by the WA Department of Ecology and the Skokomish Tribe. Other sources: The Skokomish River is the largest potential source of fecal pollution at stations 198 and 314. Other sources in the area can include seal haulouts, waterfowl (over 1000 birds are commonly observed scattered across Annas Bay), and OSS along the eastern shoreline of Annas Bay. Pollution identification and control (PIC) project: Currently, Mason County, the Skokomish Tribe, the WA Department of Ecology and others in the Hood Canal Coordinating Council are conducting PIC projects in the area to find and fix pollution sources affecting Annas Bay. 1 Printed From Mason County DIMS Printed from Mason County DMS C3Annas Bay j t: s.Yo,•..�t� XOP Health 0 0.75 1.5 Miles Date Updated:8/27/2018 r� r = i 226 THE GRE T BEND'-;- Pa.. ■ rtrs F F ®/-lu 9 l 00 F^,o :i1 O c i T ri ■ �' I H Y02 y i - 196 1 195 300 ■ 01 A N N S BAY _ �Y' S,ii. 25 i 199 19 � -�-1 d54 ■ r•yl i ti 206 19 as i 200 ■!0 ¢ . N �,- 299 r O M �� ; + •rt Mr i!t: S E%-IE- .�. l Zt�}l w� ��i s 5 I .•� I •' Classification Sampling Stations N -Approved • F Conditional w E ' • - Prohibited - Restricted s Some sampling stations are higNighted - Unclassified with grey box for ease of reading. Map 1. Current Annas Bay classifications and marine water stations. 2 Printed From Mason County CAM. Printed from Mason County DMS Water Quality Marine Water Station 198 failed the NSSP standard for an Approved classification in the 2020 Annual Report with a sorted estimated 90th percentile of 53.2 FC/100mL and a geometric mean of 8.7 FC/100mL. Sorting excluded data collected when the growing area was in Closed status due to the Skokomish River condition. Currently, both Station 198 and Station 314 fail the estimated 9011 percentile standard with sorted data. Table 1, below, compares the current estimated 90th percentiles and geometric means for unsorted data to sorted data at these stations. Tables 2 - 5, pages 5- 8, show individual data. Table 1. Current Annas Bay stations 198 and 314 fecal coliform (FC) summary statistics comparing unsorted to sorted data. Thirty samples are included in each dataset. Station Range GeoMean Estimated 90th Meets Number Classification Date Range (FC/100 mL) (FC/100mL) Percentile Standard* (FC/100mL) Unsorted data(includes all data) 198 Conditionally 9/17/2018-3/11/2021 1.7-350 8.9 59.4 No Approved 314 Conditionally 9/17/2018-3/11/2021 1.7- 130 9.6 44.8 No Approved Sorted data (Skokomish River under 15 feet:5 7 days prior to sampling) 198 Conditionally 9/6/2016-2/18/2021 1.7-350 9.1 55.8 No Approved 314 Conditionally 9/6/2016-2/18/2021 1.7- 130 8.9 47.6 No Approved .The standard for approved shellfish growing waters is a fecal coliform geometric mean not greater than 14 organisms/100 mL with an estimated 90th percentile not greater than 43 organisms/100 mL.The above table shows bacteriological results in relation to program standards. Department staff evaluated environmental conditions other than Skokomish River flooding (rainfall, salinity, and seasonality of elevated FC levels) that potentially impact the area around stations 198 and 314. A specific, defined, and manageable predictable condition within which the estimated 90th percentile of samples is significantly reduced, and safe shellfish harvesting can occur, could not be identified. Additionally, pollution sources affecting the area during times the Skokomish River is not flooding are not well understood. Therefore, the Department does not recommend a Conditionally Approved classification until pollution sources are identified. Conclusions Based on marine stations 198 and 314 failing the NSSP standard, approximately 176 acres in the Conditionally Approved portion of the Annas Bay Growing Area are reclassified from Conditionally Approved to Prohibited. The new Prohibited area, including GPS coordinates, is shown on Map 2, page 4. Recommendations The Department should continue to work with Mason County, the Skokomish Tribe, Hood Canal Regional PIC, and others to identify and correct sources of pollution in the Annas Bay watershed. 3 Printed From Mason County D Printed from Mason County DMS o�tch Legend ` 1' THE G R E 7 BEND ; ■ Water Oualdy Stations Classification Approved Cond+l4nal Prohibited f NCB -- - Restrr_ted O Unclassified Q -- T 0 '9 19sm 19511111 SO111� N A S BAY 47.3518,-123.1188 47.3520,-123.1067 ' 199� �rMe.ii -44 LN -. - - Zl>8 9e 2008 47.3459,-123.1106 29! 3230 »4 jr 47.3446,-123.1092 47.3457,-123.1248 47.3446,-123.1109 l3 OF —+ +' ter•�y� fir. — Or Map 2. Skokomish River delta portion of the Annas Bay Growing Area with new Prohibited area and GPS coordinates. 4 Printed From Mason County CAM Printed from Mason County DMS Table 2. Most recent sorted data from Station 198 collected when the growing area was in Open status. Station: 198 Classification: Conditionally Method: SRS Approved Total Samples: 30 Date Range: 9/6/2016—2/18/2021 Range (FC/100 mL): 1.7-350 E90th (FC/100 mL): 55.8 GeoMean (FC/100 mL): 9.1 Meets Standard: N Sample Event Type Time Tide SWT Salinity Fecal Date Coliform 9/6/2016 Regulatory 10:08 Ebb 14 26 it 6/29/2017 Regulatory 9:41 Flood 14 12 23 8/16/2017 Regulatory 13:30 Flood 19 15 7.8 9/11/2017 Regulatory 9:37 Flood 13 20 4 10/12/2017 Regulatory 10:16 Flood 11 15 22 3/12/2018 Regulatory 12:25 Flood 10 4 2 4/5/2018 Regulatory 10:00 Ebb 9 16 1.7 5/21/2018 Regulatory 10:29 Ebb 14 10 7.8 7/9/2018 Regulatory 14:19 Flood 19 19 1.7 8/16/2018 Regulatory 9:57 Flood 17 22 13 9/17/2018 Regulatory 12:59 Flood 14 14 17 10/17/2018 Regulatory 12:26 Flood 10 15 1.7 2/28/2019 Regulatory 9:51 Flood 4 7 1.7 3/13/2019 Regulatory 10:10 Flood 7 8 7.8 4/25/2019 Regulatory 10:12 Ebb 12 17 1.7 5/9/2019 Regulatory 7:02 Flood 15 11 11 6/12/2019 Regulatory 13:01 Flood 21 20 2 7/11/2019 Regulatory 13:02 Flood 18 7 23 8/20/2019 Regulatory 8:49 Flood 17 21 7.8 9/18/2019 Regulatory 10:05 Ebb 13 8 350 11/6/2019 Regulatory 10:48 Flood 8 6 21 3/17/2020 Regulatory 10:18 Flood 7 15 1.7 5/28/2020 Regulatory 9:33 Ebb 14 4 350 6/25/2020 Regulatory 8:36 Ebb 18 11 33 7/28/2020 Regulatory 12:16 Flood 20 20 13 8/25/2020 Regulatory 9:56 Flood 16 24 13 9/23/2020 Regulatory 9:39 Flood 14 12 23 10/8/2020 Regulatory 9:44 Flood 14 15 7.8 12/8/2020 Regulatory 11:07 Flood 10 22 2 2/18/2021 Regulatory 9:48 Ebb 5 4 22 5 Printed From Mason County [CMS Printed from Mason County DMS Table 3. Most recent data from Station 198 collected when the growing area was in Closed status. These are data sorted out of Table 2. Sample Event Type Time Tide SWT Salinity Fecal Date Coliform 10/6/2016 Regulatory 10:11 Ebb 13 7 49 11/7/2016 Regulatory 10:12 Flood 10 0 33 12/8/2016 Regulatory 10:05 Flood 5 11 1.7 1/23/2017 Regulatory 12:12 Flood 7 0 4 2/21/2017 Regulatory 11:21 Flood 7 3 4 3/21/2017 Regulatory 11:07 Flood 8 1 1.7 4/6/2017 Regulatory 13:42 Flood 9 0 4 5/1/2017 Regulatory 10:13 Ebb 10 10 7.8 11/27/2017 Regulatory 10:25 Flood 7 2 13 12/26/2017 Regulatory 11:26 Ebb 5 1 14 1/11/2018 Regulatory 11:34 Flood 8 17 7.8 2/7/2018 Regulatory 10:00 Flood 8 4 7.8 12/13/2018 Regulatory 10:01 Ebb 8 4 79 1/14/2019 Regulatory 10:04 Flood 5 1 6.8 10/21/2019 Regulatory 10:23 Flood 11 12 13 12/18/2019 Regulatory 10:20 Flood 8 10 4.5 1/14/2020 Regulatory 9:41 Ebb 5 6 2 2/6/2020 Regulatory 9:58 Flood 8 2 2 4/1/2020 Regulatory 9:55 Flood 7 6 1.7 11/23/2020 Regulatory 12:24 Flood 9 1 13 1/7/2021 Regulatory 9:41 Flood 7 0 13 3/11/2021 1 Regulatory 13:41 Flood 10 4 2 6 Printed From Mason County DMS Printed from Mason County DMS Table 4. Most recent sorted data from Station 314 collected when the growing area was in Open status. Station: 314 Classification: Conditionally Method: SRS Approved Total Samples: 30 Date Range: 9/6/2016—2/18/2021 Range (FC/100 mL): 1.7-130 E90th (FC/100 mL): 47.6 GeoMean (FC/100 mL): 8.9 Meets Standard: N Sample Event Type Time Tide SWT Salinity Fecal Date Coliform 9/6/2016 Regulatory 10:09 Ebb 14 13 21 6/29/2017 Regulatory 9:43 Flood 14 10 13 8/16/2017 Regulatory 13:34 Flood 19 15 2 9/11/2017 Regulatory 9:39 Flood 13 20 4.5 10/12/2017 Regulatory 10:18 Flood 10 14 7.8 3/12/2018 Regulatory 12:27 Flood 10 3 2 4/5/2018 Regulatory 10:01 Ebb 9 11 1.7 5/21/2018 Regulatory 10:32 Ebb 13 12 33 7/9/2018 Regulatory 14:23 Flood 19 17 1.7 8/16/2018 Regulatory 9:59 Ebb 17 19 49 9/17/2018 Regulatory 13:02 Flood 14 5 11 10/17/2018 Regulatory 12:29 Flood 11 15 2 2/28/2019 Regulatory 9:53 Flood 4 4 2 3/13/2019 Regulatory 10:12 Ebb 7 7 13 4/25/2019 Regulatory 10:14 Ebb 11 6 2 5/9/2019 Regulatory 7:04 Flood 15 9 13 6/12/2019 Regulatory 13:04 Flood 21 17 4 7/11/2019 Regulatory 13:07 Flood 18 9 6.1 8/20/2019 Regulatory 8:51 Flood 17 22 13 9/18/2019 Regulatory 10:07 Ebb 12 6 130 11/6/2019 Regulatory 10:50 Flood 8 8 4.5 3/17/2020 Regulatory 10:20 Flood 7 8 1.7 5/28/2020 Regulatory 9:35 Ebb 13 4 46 6/25/2020 Regulatory 8:37 Ebb 17 10 33 7/28/2020 Regulatory 12:18 Flood 20 17 17 8/25/2020 Regulatory 9:59 Flood 16 21 23 9/23/2020 Regulatory 9:41 Flood 14 12 23 10/8/2020 Regulatory 9:45 Flood 14 14 13 12/8/2020 Regulatory 11:08 Flood 10 24 2 2/18/2021 Regulatory 9:49 Ebb 6 3 110 7 Printed From Mason County DMS Printed from Mason County DMS Table 5. Most recent data from Station 314 collected when the growing area was in Closed status. These are data sorted out of Table 4. Sample Event Type Time Tide SWT Salinity Fecal Date Col iform 10/6/2016 Regulatory 10:13 Ebb 12 8 140 11/7/2016 Regulatory 10:14 Flood 10 0 46 12/8/2016 Regulatory 10:07 Flood 5 7 13 1/23/2017 Regulatory 12:14 Flood 7 0 2 2/21/2017 Regulatory 11:24 Flood 7 2 1.7 3/21/2017 Regulatory 11:09 Flood 8 1 2 4/6/2017 Regulatory 13:45 Flood 9 0 11 5/1/2017 Regulatory 10:15 Ebb 10 2 6.8 11/27/2017 Regulatory 10:27 Flood 7 1 23 12/26/2017 Regulatory 11:29 Ebb 5 1 33 1/11/2018 Regulatory 11:36 Flood 7 15 4 2/7/2018 Regulatory 10:02 Flood 8 4 49 12/13/2018 Regulatory 10:03 Ebb 8 5 23 1/14/2019 Regulatory 10:06 Flood 5 1 17 10/21/2019 Regulatory 10:25 Flood 11 5 17 12/18/2019 Regulatory 10:22 Flood 8 20 4.5 1/14/2020 Regulatory 9:43 Ebb 5 6 1.8 2/6/2020 Regulatory 9:59 Flood 8 1 7.8 4/1/2020 Regulatory 9:56 Flood 8 5 13 11/23/2020 Regulatory 12:25 Flood 9 2 23 1/7/2021 Regulatory 9:43 Flood 7 0 6.8 3/11/2021 Regulatory 13:43 Flood 10 4 1.7 8 Printed From Mason County DMS Printed from Mason County DMS MASON COUNTY PUBLIC WORKS—COMMISSIONER BRIEFING August 30,2021 Briefing Items • Kennedy Jenks Consultants contract Amendment No. 5 —Adding construction inspections to scope of work with change to current contract dollar amount. • Purchase two new electronic reader boards to replace two that were vandalized and inoperable or fixable. • Purchase a handheld sign retroreflectometer and extension pole to measure county road sign reflectivity. • Road Closure for Highland Road,milepost 0.33, County Road Project 2024 Dayton Creek Culvert Replacement project from Monday, September 20, 2021 at 7:00am to Friday, October 1, 2021 at 4:00pm. Discussion Items Commissioner Follow-Up Items Upcoming Calendar/Action Items • Hearing set for September 14,2021 @ 9:15am to consider Solid Waste Management Plan Amendment, adopting Contamination Reduction and Outreach Plan. Attendees: Commissioners: Public Works: Other Dept. Staff: Public: _Randy Neatherlin _Loretta Swanson _Kevin Shutty _Mike Collins _Sharon Trask _Richard Dickinson Other(list below): MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Richard Dickinson, Deputy Director-Utilities and Waste Management DEPARTMENT: Public Works/ U&W Management EXT: 652 BRIEFING DATE: August 30 2021 INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources I_I Legal ❑ Other — please explain ITEM: CONTRACT AMENDMENT 5 — KENNEDY-JENKS EXECUTIVE SUMMARY: Commissioners approved a contract with Kennedy-Jenks on April 23, 2019 to complete two projects for extending sewer service to the Puget Sound Industrial Center (PSIC): Project 1 - Sewer system pre-design report and General Sewer Plan Amendment Project 2 - Sewer system design The contract has had four previous amendments. Amendment No. 1 amended the Belfair General Sewer Plan and added 6 months to the contract term, adding an additional $87,759 and increased the total compensation under the agreement to $527,576. Amendment No. 2 amended scope of work for Project 2, adding an additional $842,916 and increased the total compensation under the agreement to $1,370,492. Amendment No. 3 added an additional 6 months to the contract term, changing the expiration date to June 30, 2021. Amendment No. 4 extended the contract expiration date to December 31, 2021 to wrap up the project and submit general sewer plans to Ecology. Amendment No. S, would add construction inspection for the Southern half of the Belfair sewer extension mainline, inspecting from the railroad crossing to the existing system and extend the contract expiration date to June 30, 2022. No dollar increase to the agreement. BUDGET IMPACTS: Amendment No. 5 has no additional budget impacts. The scope of work is covered in the contract current maximum amount $1,370.492 (approved under Amendment No 2) RECOMMENDED OR REQUESTED ACTION: Recommend the Board authorize the Chair to execute Contract Amendment 5 with Kennedy/Jenks Consultants, Inc. that extends the contract expiration date to June 30, 2022 and adds construction inspections to the scope of work for the Belfair sewer extension phase 2 project. ATTACHMENT: 1. Contract Amendment No. 5 Mason Countv and Kennedy/Jenks Consultants, Inc. Contract Amendment 5 MC Contract No. 19-034 KJ Project No. 1997006*01 AMENDMENT NO. 5 TO AGREEMENT FOR CONSULTING SERVICES BETWEEN KENNEDY/JENKS CONSULTANTS, INC. AND MASON COUNTY FOR PLANNING/DESIGN FOR THE BELFAIR SEWER EXTENSION TO PSIC THIS AMENDMENT NO. 5 is made and entered into on this 30th day of August 2021 to the Agreement for Consulting Services dated May 7, 2019, hereinafter referred to as "AGREEMENT", between Kennedy/Jenks Consultants, Inc., a California corporation, hereinafter referred to as "CONSULTANT", and Mason County, hereinafter referred to as"COUNTY", for the Planning/Design for the Belfair Sewer Extension to PSIC, hereinafter referred to as "PROJECT". RECITALS: WHEREAS, CLIENT is authorizing CONSULTANT to perform additional or amended services as set forth herein; and WHEREAS, CLIENT and CONSULTANT agree to revise the PROJECT as follows: CONSULTANT is finalizing the design of the Belfair Sewer Extension. To allow the Olympic Ridge development to move forward ahead of the projected Sewer Extension construction schedule, the Developer has selected a Contractor for construction of the southern segment of the PROJECT. The COUNTY is requesting CONSULTANT perform site visits to inspect the work and report compliance with permit requirements. This will help maintain the project schedule by providing both COUNTY and CONSULTANT with real time field changes that could impact design of remaining portions of the sewer extension. NOW, THEREFORE, CLIENT and CONSULTANT agree to amend the AGREEMENT as follows: Scope of Services: The Scope of Services in the AGREEMENT is amended to include the following: COUNTY has requested construction observation assistance, as budget permits, for: • Six month time extension from December 31, 2021 to June 30, 2022. • Part-time field visits to inspect and document site construction activities to ensure Contractor's compliance with the conformed bid documents and applicable permit requirements. • Construction Observer will perform the following duties: o Observe, document, communicate, and coordinate construction activities with COUNTY to ensure compliance with the permit and design document requirements. o Notify the Contractor and COUNTY of non-compliance issues. o Deliver weekly written updates to COUNTY via email. ©Kennedy/Jenks Consultants,Inc.,May 2015 Page 1 of 2 \lkjc.local\kjc-root\kj-off icelfwy\data\projectsQ019\1997006.00 mason cty-belfair wrf sewer extension101 contractskamendment 5lconst supportlmason county belfair sewer ext amend 05.docx Mason Countv and Kennedy/Jenks Consultants, Inc. Contract Amendment 5 Assumption(s) • Field visits will be up to 8 hours in duration per visit. • Construction assistance will be performed as existing budget permits. Schedule: CONSULTANT is authorized to proceed with the modified Scope of Services effective on the date of this Amendment. All Scope of Services shall be completed by 30th of June 2022. Compensation: Compensation for the services provided under this Amendment shall be calculated on the same basis as in the AGREEMENT unless explicitly modified by this or previous amendment(s). Compensation for the services performed under this Amendment will utilize existing budget from completed under spent tasks. The total compensation under the AGREEMENT remains $1,378,366. All other terms and conditions of the AGREEMENT and any amendments thereto remain unchanged. IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date first above written. KENNEDY/JENKS CONSULTANTS, INC. MASON COUNTY Signature: �✓ Signature: Printed Name: Michael Lubovich Printed Name: Title: Operations Manager Title: Date: 25 August 2021 Date: ©Kennedy/Jenks Consultants, Inc.,May 2015 Page 2 of 2 1\kjc.local\kjc-root\kj-office\fwy\data\projects\2019\1997006.00 mason cty-belfair wrf sewer extension\01 contracts\amendment 5\const support\mason county belfair sewer ext amend 05.docx MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Mike Collins, PLS, PE, Deputy Director/County Engineer DEPARTMENT: Public Works EXT: 450 BRIEFING DATE: August 30, 2021 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance 11 Human Resources f 1 Legal ❑ Other— please explain ITEM: Purchase of two Electronic Reader Boards EXECUTIVE SUMMARY: In 2009 Public Works was authorized to purchase two (2) trailer mounted electronic message reader boards. Due to recent vandalism, both of the reader boards are no longer operable or fixable. Public Works would like to replace these two reader boards with new ones. Under the Washington State Contract, Traffic Safety Supply, offers variable message boards with the desired features at a price of$15,400 per sign (total purchase amount with fees/tax $35,630.51) Budget Impacts: Funding of this equipment will be out of the current Road fund budget. RECOMMENDED OR REQUESTED ACTION: Recommend the Board of County Commissioners authorize Public Works to procure two new electronic reader boards off of the Washington State contract with the Department of Enterprise Services (DES). Attachments: 1. Sale Quote Traffic Safety Supply SALES QUOTE 2324 SE Umatilla Street Portland, OR 97202 T Phone: (503) 235-8531 Fax: (503) 235-5112 Quote Number Date Customer Number SQN00033193 08-17-21 C002317 CSR: Ben Speidel Quote valid for 30 days. Bill To: Ship To: Mason County Mason County 100 W Public Works Dr 100 W Public Works Dr Del Hours: M-Th 7-3:30 Del Hours: M-Th 7-3:30 Shelton, WA 98584 Shelton, WA 98584 Contact Name: Gary Albaugh Phone Number: (360)427-9670 Project: DES O4616-SMC40OFM with Modem Freight Terms: Prepaid Product Description Quantity Price Extended Price DP06118 VARIABLE MESSAGE BOARD 2.00 EA $15,400.00 $30,800.00 SMC4000 MINI,WORK AREA PROTECTION, FULL MATRIX,WITH MODEM *5 YEAR MANUFACTURER WARRANTY *PRICE INCLUDES MODEM MODEM FEATURES: *NO REOCCURING MONTHLY MODEM OR CELLULAR FEES *GPS LOCATING *REMOTE MESSAGE INPUT *DIAGNOSTIC DATA Video Link: hftps://www.youtube.com/watch? v=D1ngYPwJ9gU Page 1 of 4 Traffic Safety Supply SALES QUOTE 2324 SE Umatilla Street * Portland, OR 97202 Phone: (503) 235-8531 Fax: (503) 235-5112 Quote Number Date Customer Number SQN00033193 08-17-21 C002317 CSR: Ben Speidel Quote valid for 30 days. Product Description - Quantity Price Extended Price DP05795 RV-50 4G MODEM ANTENNA& 2.00 EA $850.00 $1,700.00 CABLE WORK AREA PROTECTION AIRLINK MODEM FEATURES: *NO REOCCURING MONTHLY MODEM OR CELLULAR FEES *GPS LOCATING *REMOTE MESSAGE INPUT *DIAGNOSTIC DATA Total Before Tax $32,500.00 DES Fee $248.63 Tax $2,881.88 Order Total $35,630.51 *Pricing reflect discount allowed on WA State Contract 04616. For Intelligent Transportation System 2. This is delivered price to Mason County, WA. Page 2 of 4 Traffic Safety Supply SALES QUOTE 2324 SE Umatilla Street Portland, OR 97202 �T Phone: (503) 235-8531 Fax: (503) 235-5112 Quote Number Date Customer Number SQN00033193 08-17-21 C002317 CSR: Ben Speidel Quote valid for 30 days. Terms and Conditions By confirming this Order Acknowledgment,Customer agrees to the following: 1. Customer confirms the above order and prices. Custom orders,which are customized products made specifically for the Customer,are non-returnable and cannot be cancelled once placed. Non-custom orders for stock product may be canceled not less than 2 days of scheduled shipment date,but are subject to a 20%restocking fee.Non-custom orders for non-stock product,provided Seller's vendor accepts the cancellation or return,may be canceled or returned not less than 10 days of scheduled shipment date,but is subject to payment of Seller's vendor's restocking fee. 2.Terms of sale are Net 30 days from invoice date unless otherwise stated on the invoice. Customer agrees to pay all invoices timely and to pay interest on past due balances at the rate of 18%per annum unless such interest rate is not allowed by law and in that event at the highest rate allowed by law. 3. Customer agrees to pay on demand all of Seller's costs and expenses,including without limitation reasonable attorneys'fees,legal expenses and/or collection agency fees,charges and expenses,incurred by Seller in connection with collection of any amounts owed to Seller whether or not a lawsuit is filed,in any bankruptcy proceedings or in any appeal. Customer also agrees to pay all attorneys'fees,costs,expenses and collection agency fees,costs and expenses incurred by Seller in any judgment enforcement proceedings or actions. 4. Customer agrees that venue and jurisdiction for any suit or legal action may be had in Multnomah County,Oregon. 5. Customer agrees that claims for shortages and/or non-conforming goods for any reason must be made in writing within 72 hours of delivery of the goods. Failure to timely notify Seller shall constitute a waiver of the shortage or non-conformity. The sole and exclusive remedy for non-conforming goods shall be replacement or refund of payment at Seller's option. 6. Customer agrees that if a carrier or transportation company delivers the goods,Customer will inspect the goods and packaging upon receipt and notify Seller and carrier or transportation company immediately and in writing of any packaging damage or damage to the goods. Failure of Customer to so notify Seller and carrier or transportation company as required herein shall constitute Customer's unqualified acceptance of such goods and packaging in the condition in which they were delivered by carrier or transportation company. 7. Seller warrants that the good sold are free of defects. Goods not manufactured by Seller are not warranted by Seller and carry only the warranties)of the manufacturer. SELLER DISCLAIMS ANY AND ALL OTHER WARRANTIES(EXPRESS OR IMPLIED)CONCERNING OR RELATING TO THE GOODS INCLUDING THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 8. Customer agrees that Seller's liability to Customer under this Order Acknowledgment,any warranty obligation,or the manufacture,delivery,installation,repair,or use of any good sold by Seller shall not exceed the price paid for such good. Customer agrees that Seller shall not be liable for any incidental,special,or consequential damages. 9. Customer agrees that purchase orders and other documents issued by Applicant or any agent thereof that include terms and conditions different from,or in addition to,the terms and conditions of this Order Acknowledgment will not be enforceable and will not amend this Order Acknowledgment or constitute an agreement between Customer and Seller. This Order Acknowledgment and the Credit Application/Sales Agreement(if executed)constitute the complete and integrated agreement between Customer and Seller and cannot be amended unless in writing and signed by Seller and Customer. 10. Any person confirming this Order Acknowledgment on behalf of Customer represents and warrants to Seller that he or she has authority to bind Customer to the terms and conditions of this Order Acknowledgment. Customer(as defined above)hereby confirms and agrees to the terms and conditions herein: Name of person signing for Customer: Print Name: Date: Page 3 of 4 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Mike Collins, PLS, PE, Deputy Director/County Engineer DEPARTMENT: Public Works EXT: 450 BRIEFING DATE: August 30, 2021 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, lease provide only new information INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal ❑ Other — please explain ITEM: Purchase Handheld Sign Retroreflectometer EXECUTIVE SUMMARY: Public Works would like to purchase a handheld sign retroreflectometer that is designed to measure the retro-reflection of road signs and other materials. Currently, the county's road sign reflectivity is measured visually at night. This purchase will allow technicians to achieve a more accurate reading and with the internal GPS unit will allow them to build a better overall sign program. The retro-reflectometer is a contact instrument with a "point and shoot"operation and a definite "pass"or"fail" answer that ensures the County's compliance with Manual on Traffic Uniform Control Devices (MUTCD) minimum requirements. Budget Impacts: The cost to rent this instrument would be $1,350.10/per week. Public Works received three (3) quotes for the purchase of a retroreflectometer and extension pole; the low bid was $10,956.13 through Professional Pavement Products, Inc. Funding of this purchase will be out of the County Road Fund. RECOMMENDED OR REQUESTED ACTION: Recommend the Board of County Commissioners authorize Public Works to purchase a handheld sign retroreflectometer with extension pole. Attachments: 1. 922 Handheld Sign Retroreflectometer Information 2. Sale Quotes Professional Pavement Products, Inc. Sales Quote 9957 Moorings Drive#301 --- Jacksonville, FL 32257 United States Date 'Quote# 904-733-2121 www•pppcatalog.com 7/14/2021 2304 Bill To Ship To Mason County Public Works Mason County Public Works 100 West Public Works Drive 100 West Public Works Drive Shelton.WA 98584 Shelton, WA 98584 Terms Expiration Date Rep Account# PPP-Gov't PO Net 30 1 9/13/2021 CA M941 Item Descnptton Quantity ,Unit Cost Total I3-7-2A RV 922 Sign Handheld Retroreflectometer-Top of the line retroreflectometer for 1 9,525.00 9,525.00T assuring tragic signage meets ASTM CIE R Din specifications reducing exposure to tort liability.Built in GPS for pinpoint reading locations.Built Barcode reader 4500 readings digital liquid-crystal touch screen display.-4 DEGREE ENTRANCE ANGLE AND 0.2&.0.5 DEGREE OBSERVATION ANGLE U-7 2-�N :` KV 922 E�teusiou Pole.11,54t Aluui_i�/IR Reinote 1 : 528.57 528.57T FREIGHT-SALES This Charge is for Shipping and Handling of goods to customer. 49.00 48.00 Price'Note THIS I�,`DISCOUNTED P--RICE Bt1SED ON PAYITENT BI''CHECK ACH O00 O.00T 1\'ll2ETRANSFER Total sales tax calculated by AvaTax 35456 854.56 Sales Tax (0.0%) $0.00 Phone# E-mail V✓eb-Site. TOtal $10,956.13 (904)448-4074 pppaccounting@pppcatalog.com PPPCatalog.com Payment by credit card may have restrictions. Please contact us prior to payment. Thank you. Please Call Chris Adkins with questions on equipment. Phone Number:904-509-6442 "From the products we make to the actions we take"THANK YOU FOR YOUR BUSINESS! "We give thanks to God always for you..." 1 Thessalonians 1:2 ® July 15,2021 FASTBVAL Price Quotation CONFIDENTIAL MASON COUNTY PUBLIC WORKS Phone:360-427-9670 100 W Public Works Dr Fax:360-427-7783 SHELTON,WA 98584 Contract No:01018 ATTN:Gary Account#: OYWA0946 Due Date: Quote#: 93667 Expiration Date: 08/15/2021 Job#: PO#: Part# Customer Part# Description Quanti Price/C Extended Price <Cust part desc> 922 Handheld Sign 1 $1,320,000.0000 $13,200.00 Retroreflectometer 922 Handheld Sign Retroreflectometer USD Subtotal: $13,200.00 City Tax: $0.00 County Tax: $264.00 State Tax: $858.00 USD Total: $14,322.00 Thank you, wo FASTENAL t 2733 Crites Street SW TUMWATER,WA 98512 , Phone:(360)352-7128 c= Fax:(360)352-7149 cc E-mail:WATUM@,stores.fastenal.com stores.fastenal.com 'Shipping&Handling charges are subject to change. FASTENAL C0.41P.4,NTY Page 1 of 1 QUOTE REPORT Traffic Safety Supply SALES QUOTE 2324 SE Umatilla Street Portland, OR 97202 Phone: (503)235-8531 Fax: (503) 235-5112 Quote Number Date Customer Number SQN00032232 07--14-21 C002317 CSR: Brittnee Hernandez quote valid for'W days. Bill To: Ship To: Mason County Mason County 100 W Public Works Dr 100 W Public Works Dr Del Hours: M-Th 7-3:30 Del Hours: M-Th 7-3:30 Shelton, WA 98584 Shelton, WA 98584 Contact Name: Michael Leeberg Phone Number: (360)427-9670 Project: RETROREFLECTOMETER, GRX Freight Terms: Prepaid *WA STATE CONTRACT#04616 "THIS IS A DELIVERED PRICE . � Product ' Description Quantity Price Extended Price DPO6410 RETROREFLECTOMETER, 1.00 EA $13,000.00 $13,000.00 GRX-1, WITH CAMERA,GPS, BARCODE/QR READER,WIRELESS COMMUNICATION DP06411 GRX EXTENSION POLE, 1.00 EA $1,031,00 . $1,031.00 WITH WIRELESS REMOTE&MTG, 7FT TO 13FT Total Before Tax $14,031.00 DES Fee $106.64 Tax $1,244.11 Order Total $15,381.75 Page 1 of 4 ARE YOU COMPLIANT. . . YIELD OR-TH ARKING E DISABLED ONEWAY PERMIT ONLY ONLY with • • . e • • Understanding - MUTCD Regulations How do the regulations affect you? Each day in the U.S.,signs warn almost 200 million licensed drivers of road conditions,traffic patterns,speed limits and upcoming hazards. But a sign cannot help if it cannot be seen,resulting in thousands of fatal accidents each year. Over time,the sun,rain and other factors wear down reflective sheeting, making signs less perceivable to drivers and creating dangerous driving conditions,especially at night. That's why on December 21,2007,the Federal Highway Administration (FHWA)published an update to the Manual on Uniform Traffic Control Devices(MUTCD),which included what is known as the"final rule"on traffic sign retroreflectivity.The rule provides minimum retroreflectivity and contrast values for all traffic signs,a deadline for all agencies to design and implement a system for measuring sign retroreflectivity,and dates when all signs must meet the required measurements. The final rule provides a number of methods that can �— _ be used to determine whether signs meet requirements or need replacement. Of those methods,only one can provide accurate and definitive"pass"or"fail" 922 measurements directly comparable to minimum retroreflectivity standards. That method is using a sign retroreflectometer. QD )S The 922 Handheld Sign Retroreflectometer Made and Serviced AVOID. in the USA! 922: The Only Method for Accurately US Patent 7.961.328 Measuring Sign Retroreflectivity Human error from `i The 922 Handheld Retroreflectometer truly is the best visual inspections solution for meeting the MUTCD sign regulations. The 922 provides the most user-friendly features,such as a back Inaccurate sign life estimates lit LCD touch screen,internal GPS and barcode reader, g data logging software,and is backed by a support team of knowledgeable professionals here in the US.PPP offers Need for control signs webinars,training videos and in-person instruction,and the 922 comes with the confidence of an easy and reliable sign management system. Other methods that lead to tens of 19 thousands of dollars in unnecessary sign replacements 922 Handheld Sign 0 Retro refl ecto meter • Most advanced retroreflectometer available. • Measures all sheetings with a single measurement. • LCD touch-screen display, built-in GPS and bar-code reader. • Meets ASTM, CIE and DIN specifications. Reliability The 922 is more accurate and more reliable than other testing methods and provides a definitive pass or fail answer. Easy to Use Lightweight and durable, the 922 requires only"point-and-shoot"operation.A back-lit LCD touch- screen makes retrieving measurements easy and quick. Cost The 922 will reduce costs by eliminating unnecessary sign replacement. You'll replace only the signs that fail. Time Along with built-in GPS and bar-code reader,the 922 employs"annular"geometry,cutting the number of required measurements in half. Safety Unlike other methods, the 922 allows workers to take measurements during daylight hours, eliminating dangerous nighttime viewing. The 922 is distributed exclusively by PPP, Inc. Please contact us for pricing and other inquiries. MaintainedMUTCD Minimum Petro reflectivity• Reference Guide (in units of cd/lx/m'measured at an angle of 1 1 Information taken from the FHWA Manual on UniformTraffic Control Devices for Streets and Highways _ Sheeting Type Color Criteria Sign Additional Beaded Sheeting Prismatic Sheeting 1 II 111 111, IV, VI, VII, Vill, IX, X Overhead white not approved; white not approved; white not approved; white>250;> White on - green>7 green> 15 green 25 green>25 - - - Green Ground-mounted white not approved; white> 120; green>7 green> 15 Black For text and fine-symbol signs yellow/orange yellow>50; measuring> 1200mm(48in) not approved orange>50 On Yellow and all bold symbol signs — or Black For text and fine symbol yellow/orange yellow>75; on Orange signs measuring<1200mm (48in) not approved orange>75 Minimum sign contrast ratio white>35; White on Red /red retroreflecciviry) Black on _ White white>50 P��r MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Mike Collins P.E. PLS, County Engineer DEPARTMENT: Public Works EXT: 450 BRIEFING DATE: August 30, 2021 INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal ❑ Other — please explain ITEM: Road Closure - Highland Road - September 20, 2021 to October 1, 2021 for Dayton Creek Culvert Replacement Project (County Road Project No. 2024) EXECUTIVE SUMMARY: The Highland Road culvert replacement project (CRP 2024) will involve the removal of the existing Dayton Creek culvert and replacing it with a larger culvert that will improve fish passage under the county road and reduce roadway flooding. The closure is scheduled to begin at 7:00am, Monday, September 20, 2021 and reopen at approximately 4:00pm, Friday, October 1, 2021. The intent of this road closure is to protect the safety of County crews and the traveling public. The County has established a detour for local residence and emergency vehicles through Little Egypt Road (see attached map). PUBLIC OUTREACH: 1. Notice of closure will be published in the Shelton Journal. 2. Closure information will be posted on County Facebook page, County webpage under"Road Closures, Restrictions and Conditions" 3. Reader boards will alert drivers at least 3-days prior to the start of each closure. 4. Notices will be posted in a conspicuous place at each end of the portions of roadway to be closed. RECOMMENDED OR REQUESTED ACTION: Recommend the Board of County Commissioners approve the closure of Highland Road on Monday, September 20, 2021 to Friday, October 1, 2021 to complete County Road Project (CRP) 2024, culvert replacement project. ATTACHMENTS: 1. Notice 2. Detour Map NOTICE ROAD CLOSURE ON HIGHLAND ROAD FOR THE DAYTON CREEK CULVERT REPLACEMENT PROJECT COUNTY ROAD PROJECT 2024 NOTICE IS HEREBY GIVEN that pursuant to RCW 47.48.010, Highland Road shall be closed to all through traffic at approximately MP 0.33 for the Dayton Creek culvert replacement project. The closure is scheduled to begin at 7:00am Monday, September 20, 2021 and reopen at approximately 4:00pm, Friday, October 1. 2021. Detour signs will guide local residence and emergency vehicles through Little Egypt Road around the closure. For more information, contact Public Works at(360)427-9670, Ext. 450. Dated this 14th day of September, 2021. DEPARTMENT OF PUBLIC WORKS MASON COUNTY,WASHINGTON Kelle Medcalf, PW Office Administrator cc: Commissioners Engineer JOURNAL: Publ. 1t.: 8/16/21 (Bill Road Dept.) POST: At Least three (3) dasprior to closure. Dayton Creek Culvert Replacement Detour Map Hi hland Road CRP 2024 N`,MATLOCK RD TO o Owl :�...fi�e.: ?-�� ���'� �i..�i�.nifL�! ,�' ;l•. y�1j.�... sue. 1��" � '� .r- rz4i +� tea. 7 's Projecgo t Area \\T 1 O C 4 .: G RD �i Ail+�. VTROPY- fit 12 ' GD 4200 RD N Legend 0 700 1,400 2,800 4,200 Detour Route Feet Parcels 0 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Shane Schoeneberg DEPARTMENT: Sheriff's Office EXT: 636 BRIEFING DATE: 8/30/2021 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEM: Approval to enter into a sole source agreement for the purchase of a keying system for the Mason County Jail from Morse Watchman. EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): The current system for tracking keys in the jail is a manual system requiring several hours of deputy time. The regular duties of the understaffed jail are numerous, and this is activity is very important to the safety and security of the staff. The research for an automatic keying system for the Mason County Jail concluded there was only one system that was the right size and type to fulfill the needs of the jail. This is the same system purchased by Kitsap County for tracking jail keys. This system will allow the jail keys to be checked out automatically so that no person is in charge of ensuring the keys are tracked. Sole Source policy 2.21.030 indicates the ability of the Sheriff's Office to request a sole source purchase for items that have a "unique design: requires unique features that are essential, aesthetic requirements, or not practical to match existing design or equipment." BUDGET IMPACTS: Cost of the system is $18,123.50 delivered. Request this money come from ending fund balance. RECOMMENDED OR REQUESTED ACTION: Approve resolution for sole source purchase and approve a possible budget supplemental in December 2021 to cover the cost. ATTACHMENTS: Morse Watchman quote Draft Resolution Briefing Summary 8/25/2021 2 Morse Road 60 Oxford, CT 06478 USA MORSE Tel: 203.264.4949 WATCHMANS Fax: 203.264.8367 N C O R P O R A T E D www.morsewatchman.com mnrcn E�mnrcnw�4nhm�n nnm August 20,2021 Mason County Jail 411 N 4th St. Shelton,WA 98584 Dear Lt.Schoeneberg, We are pleased to submit the following quotation for our Key Watcher Key Management System.Our electronic key management system gives you immediate access and total accountability of your keys without the paper chase created by outdated manual logs. THE KEYWATCHER TOUCH SYSTEM—96 KEYS Part# Description PRICE KW-8071 KW Touch 3 Module Cabinet $17,789.50 System includes: ■ Expansion Cabinet—6 Module ■ 3 Module—16 Key ■ 6 Modules-8 Key ■ 100 Red Smart Keys ■ 100 Tamper Proof Red Key Rings ■ 50 Red Replacement Hubs ■ Non-Random Return ■ Remote Setup ■ True Touch Software&Manuals ■ 24-Hour Back-Up Battery ■ 2-Year Warranty SUBTOTAL.............................................................................................................$17,789.50 FREIGHT..................................................................................................................$334.00 TOTAL...................................................................................................................$18,123.50 Delivery: Please allow 4—6 weeks. OPTION: OPTICAL FINGERPRINT READER$928.00 THE KEYWATCHER is solely manufactured in the United States by Morse Watchman Inc.,and comes with a limited two year warranty on all hardware manufactured by Morse Watchman Inc. All third party accessory items not manufactured by Morse Watchman Inc.(Biometric units,Card Readers,serial to ethernet converters,etc.)are warranted by the manufacturer's own limited warranty. Morse Watchman does accept MasterCard,Visa,and American Express as alternate forms of payment. Should you have any questions,please feel free to call me at 203- 264-4949 ext.531. Sincerely, David Gibson Account Executive ALL PRICES ARE IN EFFECT FOR 60 DAYS*** THE MOST RFC0GN17FD NAMF IN SFCIIRITY MANAGFMFNT PRODIICTS RESOLUTION NO. A RESOLUTION authorizing the Mason County Sheriff's Office to enter into a Sole Source Purchase Agreement for a key system for the Mason County Jail. WHEREAS, there are workload concerns for the staff of the Mason County Jail as regards keys for the jail; WHEREAS, research indicates only one key system will provide all the necessary functions to track the numerous keys needed; NOW, THEREFORE BE IT RESOLVED by the Board of Mason County Commissioners to authorize the Mason County Sheriff's Office to purchase a key system from Morse Watchman, Inc. as a Sole Source purchase. Adopted this of , 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 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Travis Adams, Undersheriff DEPARTMENT: Sheriff's Office EXT: 622 BRIEFING DATE: 8/30/2021 PREVIOUS BRIEFING DATES: 8/2/2021 If this is a follow-up briefing, please provide only new information ITEM: Purchases to be charged against funds received under SB 5092. EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): During the 2021 session, the Washington State Legislature allocated a percentage of $30,000,000 from the general fund budget to each county to implement bills passed. This allocation came to the county automatically from the Office of Financial Management and the amount directed to Mason County was $255,893. Section 740 of the bill states these funds are to be, "...solely for the office of financial management to distribute to counties according to population to assist with one-time costs related to law enforcement and criminal justice related legislation enacted between January 1, 2020, and June 30, 2021." The Mason County Sheriff's Office has requests for a total of approximately $75,000 to purchase a target system for training, pepper spray and pepper ball guns and ammunition, ballistic shields, helmets with face shields, and one piece intended to restrain individuals. BUDGET IMPACTS: None RECOMMENDED OR REQUESTED ACTION: Information only ATTACHMENTS: Briefing Summary 8/25/2021 I and community-based services investments that result from section 2 9817 of ARPA, and that does not include any ongoing expenditures. *Sec. 738 was vetoed. See message at end of chapter. 3 NEW SECTION. Sec. 739. FOR THE OFFICE OF FINANCIAL MANAGEMENT- 4 CITY ASSISTANCE 5 General Fund—State Appropriation (FY 2022) . . . . . . . . $20, 000, 000 6 TOTAL APPROPRIATION. . . . . . . . . . . . . . . $20, 000, 000 7 The appropriation in this section is subject to the following 8 conditions and limitations : The appropriation in this section is 9 provided solely for the office of financial management to distribute 10 to cities according to population to assist with one-time costs 11 related to law enforcement and criminal justice related legislation 12 enacted between January 1, 2020, and June 30, 2021 . 13 NEW SECTION. Sec. 740. FOR THE OFFICE OF FINANCIAL MANAGEMENT- 14 COUNTY ASSISTANCE 15 General Fund—State Appropriation (FY 2022) . . . . . . . . $30, 000, 000 16 TOTAL APPROPRIATION. . . . . . . . . . . . . . . $30, 000, 000 17 The appropriation in this section is subject to the following 18 conditions and limitations : The appropriation in this section is 19 provided solely for the office of financial management to distribute 20 to counties according to population to assist with one-time costs 21 related to law enforcement and criminal justice related legislation 22 enacted between January 1, 2020, and June 30, 2021 . 23 NEW SECTION. Sec. 741. FOR THE OFFICE OF FINANCIAL MANAGEMENT- 24 MANUFACTURING CLUSTER ACCELERATION SUBACCOUNT OF THE ECONOMIC 25 DEVELOPMENT STRATEGIC RESERVE ACCOUNT 26 General Fund—State Appropriation (FY 2022) . . . . . . . . $1, 405, 000 27 General Fund—State Appropriation (FY 2023) . . . . . . . . $1, 393, 000 28 TOTAL APPROPRIATION. . . . . . . . . . . . . . . . $2, 798, 000 29 The appropriations in this section are subject to the following 30 conditions and limitations : The appropriations are provided solely 31 for expenditure into the manufacturing cluster acceleration 32 subaccount of the economic development strategic reserve account 33 created in Substitute House Bill No. 1170 (manufacturing) . If the p. 508 ESSB 5092 .SL Sec. 740, Chapter 334, Laws of 2021 (ESSB 5092) - County Distribution 2021 Popuiation Proportionate County Estimate Amt Adams 20,800 $80,341 Asotin 23,000 $88,838 Benton 209,300 $808,428 Chelan 81,600 $315,183 Clallam 77,550 $299,539 Clark 512,800 $1,980,707 Columbia 4,200 $16,223 Cowlitz 111,800 $431,831 Douglas 44,600 $172,269 Ferry 8,000 $30,900 Franklin 99,500 $384,322 Garfield 2,250 $8,691 Grant 102,400 $395,523 Grays Harbor 75,450 $291,428 Island 86,350 $333,530 Jefferson 32,450 $125,339 King 2,293,300 $8,857,946 Kitsap 275,600 $1,064,514 Kittitas 47,400 $183,084 Klickitat 23,150 $89,418 Lewis 81,250 $313,831 Lincoln 11,150 $43,067 Mason 66,250 $255,893 Okanogan 43,525 $168,117 Pacific 22,075 $85,265 Pend Oreille 14,000 $54,075 Pierce 917,100 $3,542,329 San Juan 17,500 $67,594 Skagit 131,800 $509,082 Skamania 12,450 $48,089 Snohomish 844,400 $3,261,522 Spokane 527,600 $2,037,872 Stevens 46,400 $179,222 Thurston 295,300 $1,140,606 Wahkiakum 4,275 $16,512 Walla Walla 62,350 $240,829 Whatcom 228,700 $883,361 Whitman 48,000 $185,402 Yakima 261,300 $1,009,280 Total 7,766,925 $30,000,000 Appropriation $30,000,000 Remaining $0 Census source:https://ofm.wa.govlwoshington-data-research/population-demographics/population-estimateslapril-l-official-, Page 1 of 2 Hurricane Butterfly Law Enforcement Invoice 100 Andover Park West --- Date Invoice# Suite 150-105 Tukwila, WA 98188 8/3/2021 21-0122 Bill To Ship To Mason County Sheriffs Office Mason County Sheriffs Office 322 N 3rd St 322 N 3rd St Shelton,WA 98584 Shelton,WA 98584 P.O. Number Terms Rep Ship Via F.O.B. Project 21-628 2%Net 30 8/3/2021 Quantity Item Code Description Price Each Amount 17 720-03-0002 #720-03-0002 PepperBall FTC Basic-Yellow(Gravity 499.00 8,483.00T Hopper&Single Pk.Sling) 6 100-84-0375 # 100-84-0375 300.00 1,800.00T PepperBall®INERTTM Powder Projectiles-375 Count 16 103-80-0375 # 103-80-0375 899.00 14,384.00T PepperBall®LIVETM PAVA(OC)Powder Projectiles-375 Count 4 104-81-0375 4 104-81-0375 1,157,00 4,628.00T PepperBall®LIVE-XTM PAVA(OC)Powder Projectiles-375 Count 2 112-01-0100 # 112-01-0100 245.00 490.00T PepperBall®Glass Breaker Solid Projectiles- 100 Count Subtotal 29,785.00 10%off Agency 10%discount due to not having all of the above items in stock -2,978.50 -2,978.507' 16 FedEx Shipping Fee FedEx Charge 20.00 320,00T ***"FACTORY ETA ON LAUNCHERS 30-45 DAYS**** 2%Net 30 2%discount is applied if payment is received within 30 days. -590.27 -590.27T After 30 days 2%discount no longer applies. Sales Tax 8.80% 2,335.19 i I i I i I Total $28,871.42 i i i FEDERAL EASTERN INTERNATIONAL O PO BOX 163258 ALTAMONTE SPRINGS,FL 32716 727-827-2997 530447 A�N 7 W W W.FEDEASTINTL.COM ENTERED BY: TYL BILL TO: MASON COUNTY SHIP TO: MASON COUNTY SHERIFF'S OFFICE SHERIFF'S OFFICE 411 N 5TH STREET 411 N 5TH STREET SHELTON WA 98584 SHELTON WA 98584 i f DATE;' QUOTE ACCT GUSTO[IAR PO Y TERMS SALES I 08/04/21 530447 2230 NET 30 164-TYLER WELLS UPS GROUND UNITS ': Ul1N ..- ,> ,;��x DE3CRIPJiON > ,, pl$C ,UNIT'f#RLCE AMOUNT,..: ,, i I I t I 24 EA NASHLMBOAMMOD 415.00 9,960.00 j MICH MID CUT HELMET WITH PADS, BOA HARNESS LEVEL IIIA COLOR BLACK INCLUDES LONG RAILS '.. 34 EA NASHLMRRFAC00 123.00 4,182.00 RIOT FACE SHIELD W/RAIL ADAPTE (3MM & 6MM) NMB i I j 10 EA NASHLMBOAD201 610.00 6,100M ' 4 OPERATOR ELITE HELMET W/ 4D PADS, NVR, RAILS DIAL HARNESS I COLOR RANGER GREEN I I 34 EA EDGXFL611 12.00 40M i EDGE EYEWARE FASTLINK MATTE BLACK FRAME/ CLEAR VAPOR SHIELD LENS 34 EA RLLHCUBE 30.00 1,040.00 HELMET CUBE, BLACK 14"X14"X7 1 i ( SUBTOTAL 21,670.00 TOTAL SALES TAX 1,906.96 QUOTE TOTAL 23,576.96 TERMS: PRICES ARE EFFECTIVE FOR 30 DAYS FROM THE DATE "**CONTINUED ON PAGE 2 FEDERAL EASTERN INTERNATIONAL PO BOX 163258 Q U 0 T E ALTAMONTE SPRINGS,FL 32716 727-827-2997 530447 0. WWW.FEDEASTINTL.COM ENTERED BY: TYL BILL TO: MASON COUNTY SHIP TO: MASON COUNTY SHERIFF'S OFFICE SHERIFF'S OFFICE 411 N 5TH STREET 411 N 5TH STREET SHELTON WA 98584 SHELTON WA 98584 p/�7E .;QUOTE AROT CUSTOMEf�PO : TERMS SALES�iER: SHIM Yl_A� ��-.�* '.�='. 08/04/21 530447 2230 NET 30 164 -TYLER WELLS UPS GROUND .......QUOTATION -*-*PAGE 2 OF THIS QUOTE UNLESS OTHERWISE NOTED. ALL RETURNS ARE SUBJECT TO A 15t RESTOCKING CHARGE. ITEMS LISTED ON THIS DOCUMENT MAY REQUIRE A UNITED STATES GOVERNMENT LICENSE FOR EXPORT. EXPORTING CONTROLLED ITEMS WITHOUT A LICENSE IS PROHIBITED BY LAW. Borsch Ino. Estimate 4775 West Harmon Ave Las Vegas,NV 89103 US +1 7027031299 sates@botach.com BOTACH www.botach.com Trevor Clark Trevor Clark Mason County Sheriffs Office Mason County Sheriffs Office 322 N 3rd st 322 N 3rd st Shelton,WA 98584 Shelton,WA 98584 � 1381650 08/03/2021 .. .. ..._a.....,. ..., , `a,;,...•.-_:`'... ._.::.:..,-. ',.. ,. ..57...i -,n u.. 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IIIII 111 IIIIII IIIII IIIII IIIII IIIII I1111 Illl llll GROUP ORDER ACKNOWLEDGMENT Safariland, LLC 13386 International Parkway Sales Order ID: C21-086305 Jacksonville, FL 32218 Date: 08/05/2021 Tel: 800.347.1200 Desired Ship Date: 10/04/2021 www.safariland.com Sold To: Ship To: Mason County Sheriff Office Mason County S.O. PO BOX 1037 322 N 3RD ST SHELTON, WA 98584-1037 SHELTON,WA 98584-3414 US US Phone: (360)427-9670 I 1D ._.....Customer;PO '"'^�� s G��. Nayment Terms�� ; , Incoterm 2023018381 21-627et 30 Da s FCA Safariland Facto Dock '$ales Rop, D Cust=SVC Re '1D ShI in Method Frei`ht'Pa ment, TIM BOYLE KPOND TRUCK FRT QUOTE ATTN:DEPUTY BROCK lane'Quantt Part.Number; Ulm I rlce Ext.Pricb 50 1030 EA TRI CHAMBER GRENADE OC FLAMELESS T 46.20 2,310.000SD "CHEMICAL Part ID: 1177120 (Defense Technology) Sub Total: 2,310.00USD WASHINGTON Zit' 98584 SALES TAX: 203.28USD O.000SD O.00USD Shipping: 140.000SD Total Amount: S "2 663 26USDi These items are controlled by the U.S.Government and authorized for export only to the country of ultimate destination for use by the ultimate consignee or end-user(s)herein identified.They may not be resold,transferred,or otherwise disposed of,to any other country or to any person other than the authorized ultimate consignee or end•user(s),either In their original form or after being Incorporated Into other Items,without first obtaining approval from the U.S.government or as otherwise authorized by U.S.law and regulations. i PAGE 1 of 1 i i I ACTIONT. TARGET < Less Lethal&No Shoot Targets One-Handed Less Lethal Target System i a Email a Friend r Add to Favorites I i i i q View Larger SKULEDJ-12 GategoryTarget System As Low As1460 $1,460.00 $1,505.00 You Save 2.99% QTY: 1 1 -in Add Description I i ji i ; i Less-Lethal Target System by Dojo Extremely high quality,-made to last, Target is supported by heavy duty springs attached to 3 different mounting points.After target is hit the springs reset it in forward facing target position. •Sets up and breaks down in minutes •Frame breaks down Into 4 pieces. •Weighs 65 Ibs. Customers Who Bought This Also Bought... 1 I i� 1 I i I 1 I i jI 1 3 I i 4 I 3 1 I I i I i SKULTR-I IFLC SKUE18-C FLETC Transitional Target H Elvex Avlon Shooting Glasses(Clear) As Low As:$0.31 As Low As:$3.79 $1.19 $3.99 Fi-I 1 s i R L1J 0 i i I i SKUB-27S BLACK SKUSB-1 B-27 Standard Target(Black) MN Center for Criminal Justice Advanced Skill Builder Target As Low As:$0.31 As Low As:$0.31 $0.95 $0.95Fi-I S i F;1 Fi-I I I f QUOTE# PAGE � ��{{ �tr r�df��// 566821 1 LAW ENFORCEME1rT SHIP DATE 2F,25 StFarman Drisw.Pn-scntt AZ,86301 Q U O T E A. S .A. P. Tel:928-776-7192 Fax:928-11453,168 email:salusi::pru(uruaunline.cum maw.prutun:eunline.omrn SOLD SHIP TO TO MASON COUNTY SHERIFF'S OFFICE MASON COUNTY SHERIFF'S OFFICE PO BOX 1037 322 N 3RD STREET SHELTON WA 98584 SHELTON WA 98584 360-426-0567 JOB # ORD. DATE CUST.# LOC. SALESMAN SHIP VIA FRT. NA 08/20/21 1008066 1 A IMIKE RUSSELL FX G—FOB ORIGIN QTY. UOM ORDER ITEM NO. /DESC. UNIT PRICE DISC. NET PRICE 1 10101—WRP 924 . 95 EA 924 . 95 WRP BOLAWRAP 100. 1 YLW W/LSR . 00 1 12009 25. 95 EA 25. 95 WRP BOLAWRAP METAL BELT CLIP .00 24 11210—WRP 29. 95 EA 718 . 80 WRP BOLAWRAP 100 CART BLK . 00 This quote is valid for 45 days from the date of the quote, pending credit approval, and is subject to Inventory, manufacturer's availability and price change. Plea le call to receive price update upon expiration. ORDERING INSTRUCTIONS: Please reply to your sales represen- tative in writing to process this order or xend an email to danny.gonzales@proforceonline.com. For orders over $51000, a PO or signed quote is required to process the order Returned items are subject to 2 % restockin fee. All sales are final on non-stocked/special order item IMPORTANT: To order from this quotation, please si n below. Printed Name: Date: P.O. : Signature: COMMENT TERMS QUOTE# PAGE O R D E R 566821 2 LAW ENFORCEMENT SHIP DATE 2 R25 Steormen Drim Prescott AZ,96301 Q U O T E A.S.A. P. Tel:928.776-7192 Fax:928-445r,3468 Nmail:saluse!prufurceunline.cum wymprafurr:eunlinb.unm SOLD SHIP TO TO MASON COUNTY SHERIFF'S OFFICE MASON COUNTY SHERIFF'S OFFICE PO BOX 1037 322 N 3RD STREET SHELTON WA 98584 SHELTON WA 98584 360-426-0567 JOB # ORD. DATE CUST. # JLOC. JSALESMAN SHIP VIA JFRT. NA 08/20/21 1008066 1 A JMTKE RUSSELL FX G-FOB ORIGIN QTY. UOM ORDER ITEM NO. /DESC. UNIT PRICE DISC. NET PRICE SALES AMOUNT 1, 669. 70 COMMENT FOR: ED BROCK HANDLING 15. 95 BY: DANNY GONZALES 8 . 800% SALES TAX 148 .34 SUB TOTAL 1, 833. 99 TERMS DUE NET 30 DAYS Attachment B MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Jim Madsen DEPARTMENT: Juvenile Court Services EXT: 332 BRIEFING DATE: 8/30/21 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEM: Interagency Agreement, IAA22141, between the Washington State Administrative Office of the Courts and Mason County Juvenile Court Services in support of the CASA/Volunteer Guardian al Litem Programs. EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): The Interagency Agreement IAA22141 for CASA programming funding support is an agreement between the Administrative Office of the Courts and Mason County Juvenile Court Services which enables the county to receive CASA/Volunteer Guardian al Litem funding in the amount of$70,252 for the fiscal year July 1, 2021 through June 30, 2022. These funds will serve as reimbursement for services provided to juvenile dependency cases per RCW 13.34.100 — 107. BUDGET IMPACTS: The $70,252 represents a $425 decrease from the prior year. RECOMMENDED OR REQUESTED ACTION: Approve Interagency Agreement, IAA22141, between Washington State Administrative Office of the Courts and Mason County Juvenile Court Services for CASA/Volunteer Guardian ad Litem Programs in the amount of $70,252. ATTACHMENTS: Interagency Agreement IAA22141. Briefing Summary 8/25/2021 INTERAGENCY AGREEMENT IAA22141 BETWEEN WASHINGTON STATE ADMINISTRATIVE OFFICE OF THE COURTS AND MASON COUNTY JUVENILE COURT FOR THE SUPPORT OF THE CASA/VOLUNTEER GUARDIAN AD LITEM PROGRAM THIS AGREEMENT is made and entered into by and between the Washington State Administrative Office of the Courts (AOC), and Mason County Juvenile Court (COURT). IT IS THE PURPOSE OF THIS AGREEMENT for the COURT to increase the number of children served by court-appointed special advocates (CASAs)/volunteer guardians ad litem as defined by RCW 13.34.030(11) in dependency matters or to reduce the average caseload of volunteers to recommended standards. Funds received by the COURT under this Agreement may only be used to supplement, not supplant, any other local, state or federal funds received by the COURT. STATEMENT OF WORK The COURT shall furnish the necessary personnel, equipment, material and/or service(s) and otherwise do all things necessary for or incidental to the performance of managing a CASA/volunteer guardian ad litem program as defined in RCW 13.34.030(12) to serve juvenile dependency cases. The COURT will ensure that the program and volunteers comply with the statutory requirements contained in RCW 13.34.100 -107. The COURT will submit reports to AOC detailing information about the number of children served and the number of volunteers. The CASA/Volunteer GAL Bi-Annual Report to the Administrative Office of the Courts shall be submitted electronically. The required form for bi-annual reporting, which is incorporated in this agreement, is located on the Inside Courts website under 'Court Resources> Court Management' and choose the "CASA Bi-Annual Report to AOC". Reporting schedule: Period Report Due 07/01/21 - 12/31/21 01/31/22 01/01/22 - 06/30/22 07/31/22 Failure to submit a report by the due date may adversely affect state funding of the CASA/Volunteer GAL program. If you have questions, please contact the AOC Program Manager Sondra Hahn at Sondra.Hahn@courts.wa.gov or (360) 705-5276 PERIOD OF PERFORMANCE The execution of this Agreement shall constitute a ratification of an earlier verbal agreement between the parties that is now set forth in writing. Accordingly, the beginning date of performance under this Agreement is July 1 , 2021 regardless of the date of execution and it shall end on June 30, 2022, except for any remaining obligations of the COURT as may exist or if terminated sooner as provided in this Agreement. IAA22141 CASANGAL Page 1 of 5 PAYMENT Compensation for the work provided in accordance with this Agreement has been established under the terms of RCW 39.34.130. The parties have determined that the cost of accomplishing the work herein will not exceed $70,252. Payment for satisfactory performance of the work shall not exceed this amount unless the parties mutually agree to a higher amount in writing, except as governed by the REVENUE SHARING section of this Agreement. The COURT shall maintain sufficient backup documentation of direct costs under this Agreement. Costs will be reimbursed pursuant to CASA/Volunteer GAL Program Cost Guidelines (Exhibit A). Allocated administrative court costs must be applied at a rate that is set forth and supported by documented internal administrative rate plan that has been approved by the designated authority at the Superior Court and is readily accessible for review by AOC or the State Auditor. BILLING PROCEDURE The COURT will submit properly-completed Washington State form A-19 via email to AOC Financial Services at MSDFinancialServicesp_courts.wa.gov or to: AOC Financial Services PO Box 41172 Olympia, Washington 98504-1172 Payment to the COURT for approved and completed work will be made by warrant or account transfer by AOC within 30 days of receipt of both properly-completed invoices and the detailed information outlined in the CASA Monthly Detail Report (see Exhibit B attached and incorporated into this agreement). Upon expiration of the Agreement, any claim for payment not already made shall be submitted within 30 days after the expiration date or the end of the fiscal year, whichever is earlier. REVENUE SHARING AOC, in its sole discretion and upon notice, may reallocate funding among state funded CASA/Volunteer GAL programs. If it appears the COURT may not expend the maximum contract amount, AOC may reduce the maximum contract amount. AOC may increase the maximum contract amount if additional funds become available through this revenue sharing program. RECORDS MAINTENANCE The parties to this Agreement shall each maintain books, records, documents and other evidence which sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the service(s) described herein. These records shall be subject to inspection, review or audit by personnel of both parties, other personnel duly authorized by either party, the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents, and other material relevant to this Agreement will be retained for six years after expiration of the Agreement and the Office of the State Auditor, federal auditors, and any persons duly authorized by the parties shall have full access and the right to examine any of these materials during this period. Records and other documents, in any medium, furnished by one party to this Agreement to the other party, will remain the property of the furnishing party, unless otherwise agreed. The receiving party will not disclose or make available this material to any third parties without first IAA22141 CASANGAL Page 2 of 5 giving notice to the furnishing party and giving it a reasonable opportunity to respond. EXCEPT THAT, Bi-Annual Reports will be distributed to the Washington Association of Child Advocate Programs. Each party will utilize reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. BACKGROUND CHECKS The COURT shall: • Ensure a criminal background check has been completed for all employees, CASAs /Volunteer GALs, and subcontractors who have access to children, prior to any access under this agreement pursuant to RCW 13.34.100(3); • Based on the results from the criminal background check, determine each employee, CASA/Volunteer GAL, and subcontractor is suitable for access to children; The AOC will: • Reimburse for CASA/Volunteer GAL criminal background checks. RIGHTS IN DATA Unless otherwise provided, data which originates from this Agreement shall be "works for hire" as defined by the U.S. Copyright Act of 1976 and shall be owned by AOC. Data shall include, but not be limited to, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, video and/or sound reproductions. Ownership includes the right to copyright, patent, register, and the ability to transfer these rights. INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Agreement, either party may terminate this Agreement by providing written notice of such termination to the other party specifying the effective date thereof, at least five (5) business days prior to such date. If this contract is so terminated, the AOC shall be liable only for payment for work completed and accepted prior to the effective date of termination. TERMINATION FOR CAUSE If for any cause, either party does not fulfill in a timely and proper manner its obligations under this Agreement, or if either party violates any of these terms and conditions, the aggrieved party will give the other party written notice of such failure or violation. The responsible party will be given the opportunity to correct the violation or failure within 15 working days. If failure or violation is not corrected, this Agreement may be terminated immediately by written notice of the aggrieved party to the other. IAA22141 CASANGAL Page 3 of 5 DISPUTES In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, agreement terms and applicable statutes and rules and make a determination of the dispute. The determination of the Dispute Board shall be final and binding on the parties; however, nothing herein prohibits either party from seeking judicial relief. GOVERNANCE This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform to those laws. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: a. Applicable state and federal statutes and rules; b. Statement of work; and c. Any other provisions of the Agreement, including materials incorporated by reference. ASSIGNMENT The work to be provided under this Agreement, and any claim arising thereunder, is not assignable or delegable by either party in whole or in part, without the express prior written consent of the other party, which consent shall not be unreasonably withheld. WAIVER A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in a writing signed by an authorized representative of the party and attached to the original Agreement. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this agreement, and to this end the provisions of this Agreement are declared to be severable. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to normal completion, the AOC may terminate the Agreement under the "Termination for Convenience" clause, without the five (5) business day notice requirement, subject to renegotiation under those new funding limitations and conditions. AOC, at its discretion, may also elect to amend the Agreement to reflect a budget reduction without terminating the contract if all parties agree to the amendment. IAA22141 CASANGAL Page 4 of 5 COUNTERPARTS Each party agrees that a facsimile (FAX) or scanned transmission of any original document shall have the same effect as the original. Any signature required on an original shall be completed and sent to the other party, as applicable, when a scanned or facsimile copy has been signed. The parties agree that signed facsimile or scanned copies of documents shall be given full effect as if an original. ENTIRE AGREEMENT This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties. CONTRACT MANAGEMENT The program manager for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Agreement: AOC Program Manager IF Court Program Manager Sondra Hahn James Madsen Court Association Coordinator Juvenile Court Administrator PO Box 41170 615 W Alder St, PO Box 368 Olympia, WA 98504-1170 Shelton, WA 98584-0368 sondra.hahn@courts.wa.gov jamesma@masoncountywa.gov 360 705-5276 360-427-9670 AGREED: Administrative Office of the Courts Mason County Juvenile Court Signature Date Signature Date Christopher Stanley Name Name Director, AOC Management Services Title Title IAA22141 CASANGAL Page 5 of 5 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Jim Madsen DEPARTMENT: Juvenile Court Services EXT: 332 BRIEFING DATE: 8/30/21 PREVIOUS BRIEFING DATES: N/A If this is a follow-up briefing, please provide only new information ITEM: Interagency Agreement, IAA22105, between the Washington State Administrative Office of the Courts and Mason County Juvenile Court Services for the purpose of engaging in services to process Truancy, At Risk Youth and Child in Need of Services programs and services. EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions) Interagency Agreement IAA22105 for BECCA Bill programs and services is utilized to support Mason County in the processing of Truancy, At-Risk Youth (ARY) and Children in Need of Services (CHINS) petitions pursuant to RCW 13.32A. In 2021 the Washington State Legislature added new language to the budget proviso allowing the utilization of funds to help with case management of the petitions. These funds are shared with the Office of Public Defense, Prosecutor's Office, Clerk's Office and Superior Court. BUDGET IMPACTS: Up to $63,042 additional revenue. RECOMMENDED OR REQUESTED ACTION: Approve Interagency Agreement, IAA22105, between the Washington State Administrative Office of the Courts and Mason County Juvenile Court Services for BECCA Bill programs and services. ATTACHMENTS: Interagency Agreement IAA22105 Briefing Summary 8/25/2021 INTERAGENCY AGREEMENT IAA22105 BETWEEN WASHINGTON STATE ADMINISTRATIVE OFFICE OF THE COURTS AND MASON COUNTY JUVENILE COURT FOR BECCA PROGRAMS AND SERVICES THIS AGREEMENT is entered into by and between the Administrative Office of the Courts (AOC) and Mason County Juvenile Court (Contractor). PURPOSE The purpose of this Agreement is to engage the services of the Contractor to process Truancy, At Risk Youth and Child in Need of Services (Becca) programs and services within its jurisdiction and according to the intent of the Becca legislation chapter 13.32A RCW. Funds received by the Contractor under this Agreement may only be used to supplement, not supplant, any other local, state or federal funds received by the Contractor. STATEMENT OF WORK The Contractor will process Truancy, At Risk Youth (ARY) and Child in Need of Services (CHINS) programs within the Contractor's jurisdiction pursuant to chapter 13.32A, RCW. The Contractor shall submit summary reports to AOC documenting Becca activities. These reports shall provide both the number of petitions and the actual cost of processing such petitions, broken down as follows: a. CHINS petitions; b. ARY petitions; and, c. Truancy petitions. The Becca Bi-Annual Report to the Administrative Office of the Courts shall be submitted electronically. The required form for bi-annual reporting, which is incorporated in this agreement, is located on the Inside Courts website under Court Resources> Court Management and choose the "Becca Bi-Annual Report to AOC". Reporting schedule: Period Report Due 07/01/21 - 12/31/21 01/31/22 01/01/22 - 06/30/22 07/31/22 Failure to submit a report by the due date may adversely affect state funding of the Becca program. If you have questions, please contact the AOC Program Manager Sondra Hahn at Sondra.Hahn(c-�courts.wa.gov or (360) 705-5276 PERIOD OF PERFORMANCE The execution of this Agreement shall constitute a ratification of an earlier verbal agreement between the parties that is now set forth in writing. Accordingly, the beginning date of IAA22105 Page 1 of 5 performance under this Agreement is July 1, 2021 regardless of the date of execution and it shall end on June 30, 2022, except for any remaining obligations of the Contractor as may exist. COMPENSATION a. Contractor shall be reimbursed a maximum of$63,042 for costs incurred during the period of performance. Payment for satisfactory performance of the work shall not exceed this amount unless the parties mutually agree to a higher amount in writing, except as governed by the REVENUE SHARING section of this agreement. b. Contractor shall receive payment for actual costs (within the amount identified) which are associated with the processing of CHINS, ARY and Truancy petitions. Contractor shall use Exhibit A BECCA Cost Guidelines (attached and incorporated into this agreement) as a guide for determining what costs should be reimbursed. c. Contractor shall not be reimbursed until properly-completed monthly A-19 invoice and Becca Monthly Detail Report (see Exhibit B attached and incorporated into this agreement) is received and approved by AOC. d. If this agreement is terminated, Contractor shall only receive payment for performance rendered or costs incurred in accordance with the terms of this agreement prior to the effective date of termination. e. Contractor shall submit invoices to AOC monthly. f. Payment will be made by the AOC upon receipt of a properly-completed invoice detailing reimbursable expenses. Invoices are to be sent to Financial Services, Administrative Office of the Courts, P.O. Box 41172, Olympia, WA 98504-1172. AOC will remit payment to the Contractor in a total amount not to exceed the value of this contract. g. Payments will be considered timely if made by the AOC within 30 days of receipt of a properly prepared invoice by the AOC or receipt of satisfactory services, whichever is later. h. Contractor shall maintain sufficient backup documentation of direct costs expenses under this Agreement. i. Allocated administrative court costs must be applied at a rate that is set forth and supported by a documented internal administrative rate plan that has been approved by the designated authority at the Superior Court and is readily accessible for review by AOC or the State Auditor. REVENUE SHARING AOC, in its sole discretion and upon notice, may reallocate funding among county Becca programs. If it appears Contractor may not expend the maximum contract amount, AOC may reduce the maximum contract amount. AOC may increase the maximum contract amount if additional funds become available through this revenue sharing program. OTHER PROVISIONS FOR SERVICES a. Background Check/Criminal History In accordance with Chapters 110-700 WAC, and 43.20A RCW, the Contractor is required to conduct background check/criminal history clearance for all employees, subcontractors and/or volunteers who may or will have regular access to any client/juvenile, prior to any access under this Agreement. IAA22105 Page 2 of 5 In addition, Contractor may be required to conduct background check/criminal history clearance for employees, subcontractors and/or volunteers who may or will have limited access to any client/juvenile, prior to any access under this Agreement. The Contractor shall, based on the results from the criminal background check, determine whether each employee, volunteer, and subcontractor is suitable for access to clients/juveniles; Contractor shall affirmatively acknowledge that it has met these requirements and submit that acknowledgement to AOC. Contractor shall also document the background check/criminal history clearance process it employs. b. Sexual Misconduct Contractor shall ensure that all employees, subcontractors and/or volunteers are knowledgeable about the requirements of RCW 13.40.570 and of the crimes set forth in Chapter 9A.44 RCW, "Sexual Offenses." RECORDS MAINTENANCE The parties to this Agreement shall each maintain books, records, documents and other evidence which sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the service(s) described herein. These records shall be subject to inspection, review or audit by personnel of both parties, other personnel duly authorized by either party, the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents, and other material relevant to this Agreement will be retained for six years after expiration of this Agreement and the Office of the State Auditor, federal auditors, and any persons duly authorized by the parties shall have full access and the right to examine any of these materials during this period. Records and other documents, in any medium, furnished by one party to this Agreement to the other party, will remain the property of the furnishing party, unless otherwise agreed. The receiving party will not disclose or make available this material to any third parties without first giving notice to the furnishing party and giving it a reasonable opportunity to respond. Each party will utilize reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. RIGHTS IN DATA Unless otherwise provided, data which originates from this Agreement shall be "works for hire" as defined by the U.S. Copyright Act of 1976 and shall be owned by AOC. Data shall include, but not be limited to, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, video and/or sound reproductions. Ownership includes the right to copyright, patent, register, and the ability to transfer these rights. INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the IAA22105 Page 3 of 5 parties. This clause does not apply to the provisions of the REVENUE SHARING section in this Agreement. TERMINATION a. Termination for Convenience Except as otherwise provided in this Agreement, either party may terminate this Agreement by providing written notice of such termination to the other 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 work completed and accepted prior to the effective date of termination. b. Termination for Cause If either party does not fulfill in a timely and proper manner its obligations under this Agreement, or if either party violates any of these terms and conditions, the aggrieved party will give the other party written notice of such failure or violation. The responsible party will be given the opportunity to correct the violation or failure within 15 working days. If failure or violation is not corrected, this Agreement may be terminated immediately by written notice of the aggrieved party to the other party. DISPUTES In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, agreement terms and applicable statutes and rules and make a determination of the dispute. The determination of the Dispute Board shall be final and binding on the parties hereto. GOVERNANCE This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform to those laws. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: a. Applicable state and federal statutes and rules; b. Statement of work; and c. Any other provisions of the Agreement including materials incorporated by reference. ASSIGNMENT The work to be provided under this Agreement, and any claim arising thereunder, is not assignable or delegable by either party in whole or in part, without the express prior written consent of the other party, which consent shall not be unreasonably withheld. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to normal completion, the AOC may terminate the Agreement under the "Termination for Convenience" clause, without the five day notice requirement, subject to renegotiation under those new funding limitations and conditions. AOC, at its discretion, may also elect to amend the Agreement to reflect a budget reduction IAA22105 Page 4 of 5 without terminating the contract as long as AOC gives notice of the budget reduction to the other party and the other party agrees to the amendment. The other party understands that refusing to agree to a budget reduction amendment will necessitate termination of this agreement. COUNTERPARTS Each party agrees that a facsimile (FAX) or scanned transmission of any original document shall have the same effect as the original. Any signature required on an original shall be completed and sent to the other party, as applicable, when a facsimile copy has been signed. The parties agree that signed facsimile or scanned copies of documents shall be given full effect as if an original. CONTRACT MANAGEMENT The program manager for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Agreement: AOC Project Manager Contractor Project Manager Sondra Hahn James Madsen Court Association Coordinator Juvenile Court Administrator PO Box 41170 615 W Alder St, PO Box 368 Olympia, WA 98504-1170 Shelton, WA 98584-0368 sondra.hahn@courts.wa.gov jamesma@masoncountywa.gov (360) 705-5276 360-427-9670 ENTIRE AGREEMENT This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this contract shall be considered to exist or to bind any of the parties to this Agreement unless otherwise stated in this Agreement. AGREED: THE ADMINISTRATIVE OFFICE MASON COUNTY OF THE COURTS JUVENILE COURT Signature Date Signature Date Christopher Stanley Name Name Director, AOC Management Services Title Title IAA22105 Page 5 of 5 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Jim Madsen DEPARTMENT: Juvenile Court Services EXT: 332 BRIEFING DATE: 8/30/21 PREVIOUS BRIEFING DATES: N/A If this is a follow-up briefing, please provide only new information ITEM: Interagency Agreement, IAA22064, between the Washington State Administrative Office of the Courts and Mason County Superior Court for the purpose of reimbursing attorney and court visitor appointments under the Uniform Guardianship Act. EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions) The Administrative Office of the Courts will reimburse costs paid to attorneys appointed for a parent or court visors in minor guardianship cases under the Uniform Guardianship Act (UGA). The Court may be reimbursed a maximum of $95,002 for costs incurred during July 1, 2021 —June 30,2022. Court Visitors will be appointed from the Juvenile Court Services Department and attorneys will be appointed from the Public Defender's Office. BUDGET IMPACTS: Up to $95,002 additional revenue. RECOMMENDED OR REQUESTED ACTION: Approve Interagency Agreement, IAA22064, between the Washington State Administrative Office of the Courts and Mason County Superior Court for reimbursement of attorney and court visitor appointment costs. ATTACHMENTS: Interagency Agreement IAA22064 Briefing Summary 8/25/2021 INTERAGENCY AGREEMENT IAA22064 BETWEEN WASHINGTON STATE ADMINISTRATIVE OFFICE OF THE COURTS AND MASON COUNTY SUPERIOR COURT THIS AGREEMENT (Agreement) is entered into by and between the Administrative Office of the Courts (AOC) and Mason County Superior Court, for the purpose of reimbursing the Mason County Superior Court (Court) for attorney appointments under RCW 11.130.200(5) and court visitor appointments under RCW 11.130.195(4). 1. DEFINITIONS For purposes of this contract, the following definitions apply: a) "Attorney appointed for a parent" means an attorney appointed under RCW 11.130.200(5). b) "Court visitor" means a person appointed under RCW 11.130.195(4). c) "UGA appointment services" means attorneys appointed for a parent under RCW 11.130.200(5) and court visitors as appointed under RCW 11.130.195(4). 2. PURPOSE The purpose of this Agreement is to partner with individual local courts in providing UGA appointment services. 3. DESCRIPTION OF SERVICES TO BE PROVIDED a) The Court will ensure that the funding under this contract is used only for reimbursement of costs paid to attorneys appointed for a parent or court visitors. Other costs are not eligible for reimbursement, including but not limited to: judicial officer time, administrative costs (overhead or indirect), court staff time, etc. No prepayment will be made under this Agreement. b) The Court agrees to provide a bimonthly report on UGA appointment services cost and usage data. At a minimum, this reporting will include: 1) Case numbers. 2) Purpose of appointment (attorney appointed for a parent or a court visitor), including to whom counsel was provided; and 3) Amount billed per party. c) In addition, the Court agrees to report any expected surplus for revenue sharing to AOC by July 26, 2022, and to provide any request for revenue sharing by July 26, 2022 for prioritization by the SCJA. d) The Court may elect to pay for UGA appointment services that are not in accordance with the provisions of this agreement; however, such payments will not be reimbursed. IAA22064 Page 1 of 195 4. PERIOD OF PERFORMANCE Performance under this Agreement begins July 1, 2021, regardless of the date of execution, and ends on June 30, 2022. 5. COMPENSATION a) The Court may be reimbursed a maximum of$95,002 for UGA appointment services costs incurred during the period of July 1, 2021 to June 30, 2022. No reimbursement will be made under this Agreement for UGA appointment services incurred after June 30, 2022, and any reimbursement beyond this amount will be denied. b) If this agreement is terminated, the Court will only receive payment for performance rendered or costs incurred in accordance with the terms of this agreement prior to the effective date of termination. c) The Court will submit its A-19 invoices monthly or bimonthly to: Reim bursementProgramna..courts.wa.gov. Forms A-19 submitted under this agreement must include: 1) Billing reports from attorneys and visitors whose costs are being reimbursed, including hours billed and services provided; and 2) Payment documents from the Court indicating case number; amount paid, and payee. d) Data required in 3b above must be submitted electronically to the AOC in conjunction with the bimonthly invoice. e) Payment to the Court for approved and completed work will be made by warrant or account transfer by AOC within 30 days of receipt of a properly-completed invoice and the completed data report. f) The Court must maintain sufficient backup documentation of expenses under this Agreement. g) The AOC, upon consultation with the SCJA and after May 1, 2022, may initiate revenue sharing and reallocate funding among courts as prioritized by the SCJA. If such adjustments are made, Court will be notified by letter and e-mail from AOC, and such a letter will be attached to this agreement as Addendum A. 6. TREATMENT OF ASSETS AND PROPERTY The AOC is the owner of any and all fixed assets or personal property jointly or cooperatively, acquired, held, used, or disposed of pursuant to this Agreement. 7. RIGHTS IN DATA Unless otherwise provided, data which originates from this Agreement are "works for hire" as defined by the U.S. Copyright Act of 1976 and are owned by the AOC. Data includes, but is not limited to: reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and video and/or sound reproductions. Ownership includes the right to copyright, patent, register, and the ability to transfer these rights. In the event that any of the deliverables under this Agreement include material not included within the definition of"works for hire," the Court hereby assigns such rights to the AOC as consideration for this Agreement. IAA22064 Page 2 of 195 Data which is delivered under this Agreement, but which does not originate therefrom, must be transferred to the AOC with a nonexclusive, royalty-free, irrevocable license to publish, translate, reproduce, deliver, perform, dispose of, and to authorize others to do so; provided, that such license is limited to the extent which the Court has a right to grant such a license. The Court must advise the AOC, at the time of delivery of data furnished under this Agreement, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Agreement. The AOC must receive prompt written notice of each notice or claim of copyright infringement received by the Court with respect to any data delivered under this Agreement. The AOC reserves the right to modify or remove any restrictive markings placed upon the data by the Court. 8. INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement continue to be employees or agents of that party and are not considered for any purpose to be employees or agents of the other party. 9. AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement may be amended by mutual agreement of the parties. Such amendments are not binding unless they are in writing and signed by personnel authorized to bind each of the parties. 10. RECORDS, DOCUMENTS, AND REPORTS The Court must maintain books, records, documents and other evidence of accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement. These records are subject at all reasonable times to inspection, review, or audit by personnel duly authorized by the AOC, the Office of the State Auditor, and federal officials so authorized by law, rule, regulation, or Agreement. The Court will retain all books, records, documents, and other material relevant to this Agreement for six years after settlement, and make them available for inspection by persons authorized under this provision. 11. RIGHT OF INSPECTION The Court will provide right of access to its facilities to the AOC, or any of its officers, or to any other authorized agent or official of the state of Washington of the federal government at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this Agreement. 12. DISPUTES Disputes arising under this Agreement will be resolved by a panel consisting of one representative from the AOC, one representative from the Court, and a mutually agreed upon third party. The dispute panel will thereafter decide the dispute with the majority prevailing. Neither party has recourse to the courts unless there is a showing of noncompliance or waiver of this section. IAA22064 Page 3 of 195 13. TERMINATION Either party may terminate this Agreement upon thirty (30) days written notice to the other party. If this Agreement is so terminated, the parties are liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. 14. GOVERNANCE This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this Agreement must be construed to conform to those laws. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency will be resolved by giving precedence in the following order: a. Applicable state and federal statutes and rules; b. This Agreement; and c. Any other provisions of the agreement, including materials incorporated by reference. 15. ASSIGNMENT The work to be provided under this Agreement, and any claim arising hereunder, is not assignable or delegable by either party in whole or in part, without the express prior written consent of the other party, which consent may not be unreasonably withheld. 16. WAIVER A failure by either party to exercise its rights under this Agreement does not preclude that party from subsequent exercise of such rights and is not a waiver of any other rights under this Agreement unless stated to be such in a writing signed by an authorized representative of the party and attached to the original Agreement. 17. SEVERABILITY If any provision of this Agreement, or any provision of any document incorporated by reference is held invalid, such invalidity does not affect the other provisions of this Agreement which can be given effect without the invalid provision and to this end the provisions of this Agreement are declared to be severable. IAA22064 Page 4 of 195 t 18. AGREEMENT MANAGEMENT The program managers noted below are responsible for and are the contact people for all communications and billings regarding the performance of this Agreement: AOC Program Manager Court Program Manager Shelley Ireland Robyn Lockwood Court Association Coordinator Court Administrator PO Box 41170 419 N 4th St, FI 2, PO Box X Olympia, WA 98504-1170 Shelton, WA 98584-0078 shelley.ireland@courts.wa.gov rl@co.mason.wa.us (360) 704-1924 (360) 427-9670 Ext. 206 19. ENTIRE AGREEMENT This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement are considered to exist or to bind any of the parties to this agreement unless otherwise stated in this Agreement. AGREED: Administrative Office of the Courts Contractor Signature Date Signature Date ChrisStanley Name Name Director, MSD Title Title IAA22064 Page 5 of 195