HomeMy WebLinkAbout2021/10/26 - Regular Packet a"
MASON COUNTY
TO: BOARD OF MASON COUNTY COMMISSIONERS Reviewed:
FROM: Ginger Kenyon Ext. 380
DEPARTMENT: Support Services Action Agenda
DATE: October 26, 2021 No. 4.1
ITEM: Correspondence
4.1.1 Washington State Liquor and Cannabis Board sent in the following, Marijuana
license application for a Change of Location, A Liquor license application for
Summertide Resort, Marijuana & Liquor licenses due to expire, A Special
Occasion License for United Angels 4 Pets, A Marijuana license application for
WAC Farms.
4.1.2 Federal Energy Regulatory Commission sent in a letter regarding Cushman
Dam No. 1 stress and stability analysis coarse model.
4.1.3 Teri King sent in an Application for the Mason County Clean Water District.
4.1.4 Received the 2021 3rd quarter report from Economic Development Council of
Mason County.
4.1.5 Notice of Contract Opening, Collective Bargaining Agreements January 1,
2019- December 31, 2021 for Public Works Maintenance and E.R.& R.
Division, General Services, and Appraisers.
4.1.6 State of Washington Department of Commerce sent a letter to inform the
County of the new Clean Buildings Performance Standard and Incentive
Funding.
4.1.7 State of Washington Office of Financial Management sent a letter on the
2020 Census Data.
Attachments: Originals on file with the Clerk of the Board.
Cc:CMMRS Neatherlin, Shutty, Trask
Clerk D W l/I,G Msi A Pay fee-
Washington State
Liquor and Cannabis Board
NOTICE OF MARIJUANA LICENSE APPLICATION
WASHINGTON STATE LIQUOR AND CANNABIS BOARD
License Division - P.O. Box 43098
Olympia,WA 98504-3098
Customer Service: (360) 664-1600
Fax: (360) 753-2710
Website: http://lcb.wa.gov
RETURN TO:localauthority@sp.lcb.wa.gov
TO: MASON COUNTY COMMISSIONERS DATE: 10/05/21
RE: CHANGE OF LOCATION APPLICATION
from 2 BUDZ
251 GARLOCK RD STE B
CASTLE ROCK,WA 98611-9433 APPLICANTS:
License: 418408 - County:23 DOMONTET, DONALD H
UBI: 604-594-917-001-0003 DUMONTET, DONALD H
Tradename:2BUDZ 1948-10-05
New Loc: 4282 W DAYTON AIRPORT RD
SHELTON, WA 98584-8010
Phone No.: 360-427-6574 DONALD DUMONTET V L
Privileges Applied For:
MARIJUANA PROCESSOR
GLO :� 1 tu7.i
NIC'Son Clown y
COi7 miS sin n S
As required by RCW 69.50.331(7) the Liquor and Cannabis Board is notifying you that the above has
applied for a marijuana license. You have 20 days from the date of this notice to give your input on
this application. If we do not receive this notice back within 20 days,we will assume you have no
objection to the issuance of the license. If you need additional time to respond,you must submit a
written request for an extension of up to 20 days,with the reason(s)you need more time. If you
need information on SSN,contact our Marijuana CHRI desk at(360)664-1704.
YES NO
1.Do you approve of applicant? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑
2.Do you approve of location? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑
3.If you disapprove and the Board contemplates issuing a license,do you wish to
request an adjudicative hearing before final action is taken? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑
(See WAC 314-55-160 for information about this process)
4. If you disapprove,per RCW 69.50.331(7)(c)you MUST attach a letter to the Board
detailing the reason(s)for the objection and a statement of all facts on which your
objection(s)are based.
DATE SIGNATURE OF MAYOR,CITY MANAGER COUNTY COMMISSIONERS OR DESIGNEE
Cc:CMMRS Neatherlin, Shutty, Trask
Washington State Clerk 151010d&& A.p"wC
Liquor and Cannabis Board N• S
NOTICE OF LIQUOR LICENSE APPLICATION
WASHINGTON STATE LIQUOR AND CANNABIS BOARD
License Division - P.O. Box 43098
Olympia,WA 98504-3098
Customer Service: (360) 664-1600
Fax: (360) 753-2710
Website: http://Icb.wa.gov
TO: MASON COUNTY COMMISSIONERS RETURN TO: localauthority@sp.lcb.wa.gov
RE:ASSUMPTION DATE: 10/13/21
From BEULAH'S BEACH LLC
Dba SUMMERTIDE STORE APPLICANTS:
HOOD CANAL VENTURES LLC
License: 079534 -2N County: 23 LARSON, MORGAN
UBI: 604-764-741-001-0001 1971-03-04
SCHEER, CHRISTA
Tradename:SUMMERTIDE RESORT 1080-04-21
Loc Addr: 15781 NE NORTHSHORE RD
TAHUYA WA 98588-9603
Mail Addr: 1824 PROSPECT AVE
HOOD RIVER OR 97031-1365
Phone No.: 831-475-7107 CHRISTA SCHEER
Privileges Applied For:
Ei D
GROCERY STORE-BEER/WINE
OCT 1 - 2021
Mason County
Commissioners
As required by RCW 66.24.010(8), the Liquor and Cannabis Board is notifying you that the above has
applied for a liquor license. You have 20 days from the date of this notice to give your input on
this application. If we do not receive this notice back within 20 days,we will assume you have no
objection to the issuance of the license. If you need additional time to respond,you must submit a
written request for an extension of up to 20 days,with the reason(s)you need more time. If you
need information on SSN,contact our CHRI desk at(360)664-1724.
YES NO
1.Do you approve of applicant?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑
2.Do you approve of location? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑
3. If you disapprove and the Board contemplates issuing a license,do you wish to
request an adjudicative hearing before final action is taken?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑
(See WAC 314-09-010 for information about this process)
4.If you disapprove,per RCW 66.24.010(8)you MUST attach a letter to the Board
detailing the reason(s)for the objection and a statement of all facts on which your
objection(s)are based.
DATE SIGNATURE OF MAYOR CITY MANAGER COUNTY COMMISSIONERS OR DESIGNEE
Cc:CMMRS Neatherlin, Shutty, Trask
Clerk
Washington State
Liquor and Cannabis Board
lkw .
P 0 BOX 43098
www.liq.wa.gov Fax 9: (360) 753-2710
OCT 15 2021
October 06, 2021 Mason County
Dear Local Authority: CO�71nlissioners
RE: Marijuana License Renewal Applications in Your Jurisdiction - Your Objection Opportunity
Enclosed please find a list of marijuana licensed premises in your jurisdiction whose marijuana licenses will expire in abount 90 days.
This is your opportunity to object to these license renewal requests as authorized by RCW 69.50.331 (7) .
1 ) Objection to License Renewal
To object to a marijuana license rnewal:
This letter must: fax or mail a letter to the Washington State Liquor and Cannabis Board (WS-LCB) Licensing Division.
o Detail the reason(s) for your objection, including a statement of all the facts upon which your objection or objections are
based.
o You may include attachments and supporting documents which contain or confirm the facts upon which your objections are based.
o Please note that whether a hearing will be granted or not is within the Board's discretion per RCW 69.50.331 (7) (c) .
Your letter of objection must be received by the Board's Licensing Division at least 30 days prior to the license
expiration date (WAC 314-55-165) . If you need additional time you must request that in writing. Please be aware, however,
that it is within the Board's discretion to grant or deny any requests for extension of time to submiti objections.
Your request for extension will be granted or denied in writing. If the objection is received within thirty days of
the expiration date or the licensee has already renewed the license, the objection will be considered as a complaint
and possible license revocation may be pursued by the enforcement division.
A copy of your objection and any attachments and supporting materials will be made available to the licensee, therefore, it is the
Local Authority's responsibility to redact any confidential or non-disclosable information (see RCW 42.56) prior to submission to
the WSLCB.
2) Status of License While Objection Pending
During the time an objection to a renewal is pending, the permanent marijuana license is placed on hold.
3) Procedure Following Licensing Division Receipt of Objection
After we receive your objection, our licensing staff will prepare a report for review by the Licensing Director. The report
will include your letter of objection, as well as any attachments and supporting documents you send. The Licensing Director
will then decide to renew the marijuana license, or to proceed with non-renewal.
4) Procedure if Board Does Not Renew License (WAC 314-55-165 (2) (b) )
If the Board decides not to renew a license, we will notify the licensee in writing, stating the reason for this decision. The
licensee also has the right to request a hearing to contest non-renewal of their marijuana license. If the licensee makes
timely request for a hearing, we will notify you. The Board's Licensing Division will be required to present evidence at the
at the hearing before an administrative law judge to support the non-renewal recommendation. You may present evidence in
support of your objection or objections. The administrative law judge will consider all of the evidence and issue an initial
order 9nnoOhei0gatH61rrdes&wiofibe Board members have final authority to renew the marijuana license and will enter a final
5) Procedure if Board Renews License Over Your Objection (WAC 314-55-165 (2) (a))
If the Board decides to renew the license over your objection, you will be notified in writing. At that time, you may be
given an opportunity to request a hearing. An opportunity for a hearing is offered at the Board's discretion. If a hearing
is held, you will be responsible for presenting evidence before an Administrative Law Judge in support of your objection to
license renewal. The Board's Licensing Division will present evidence in support of license renewal. The Licensee may
also participate and present evidence if the licensee desires. The administrative law judge will consider all of the evidence,
and issue an initial order for the Board's review. The Board members have final authority to renew the marijuana license and
will enter a final order announcing their decision.
For questions about this process, contact the WSLCB Licensing Division at (360) 664-1600 or email us at wslcb@liq.wa.gov.
Sincerely,
Rebecca Smith
Rebecca Smith, Director,
Licensing and Regulation Division
LIQ 864 07/10
C092080-2 WASHINGTON STATE LIQUOR AND CANNABIS BOARD DATE : 10/06/2021
LICENSED ESTABLISHMENTS IN UNINCORPORATED AREAS COUNTY OF MASON
(BY ZIP CODE) FOR EXPIRATION DATE OF 20220331
LICENSE
LICENSEE BUSINESS NAME AND ADDRESS NUMBER PRIVILEGES
1 SWEET LEAF 3, INC. SWEET LEAF 3 422298 MARIJUANA RETAILER
24090 NE STATE ROUTE 3 STE I MEDICAL MARIJUANA ENDORSEMENT
BELFAIR WA 98528 9665
2 NEWDAY GROWERY GROUP LLC SYNCHRONIC 416524 NON-RETAIL PRIVILEGES
831 W GOLDEN PHEASANT RD MARIJUANA PROCESSOR
SHELTON WA 98584 0000
3 . CM1 LLC CM1 LLC 413665 NON-RETAIL PRIVILEGES
190 W PINE ACRES WAY MARIJUANA PROCESSOR
SHELTON WA 98584 8965
CC:CMMRS Neatherlin, Shutty, Trask
Clerk
04%LMM Washington State
Liquor and Cannabis Board
PO Box 43098 , Olympia WA 98504-3098, (360) 664-1600
www.liq.wa.gov Fax #: (360) 753-2710 C�99 FL
October 06, 2021 OCT 15 2021
Dear Local Authority: Mason County
RE: Liquor License Renewal Applications in Your Jurisdiction - Your Objection Opportunity C(Ir;,miss!oners
Enclosed please find a list of liquor-licensed premises in your jurisdiction whose liquor licenses will expire in about 90 days.
This is your opportunity to object to these license renewal requests as authorized by RCW 66.24.010 (8) .
1 ) Objection to License Renewal
To object to a liquor license renewal: fax or mail a letter to the Washington State Liquor and Cannabis Board (WS-LCB) Licensing
Division. This letter must:
o Detail the reason(s) for your objection, including a statement of all the facts upon which your objection or objections are
based. You may include attachments and supporting documents which contain or confirm the facts upon which your objections are
based.
o Please note that whether a hearing will be granted or not is within the Board's discretion per RCW 66.24.010 (8) (d) .
Your letter or fax of objection must be received by the Board's Licensing Division at least 30 days prior to the license
expiration date. If you need additional time you must request that in writing. Please be aware, however, that it is within
the Board' s discretion to grant or deny any requests for extension of time to submit objections. Your request for extension
will be granted or denied in writing. If objections are not timely received, they will not be considered as part of the
renewal process.
A copy of your objection and any attachments and supporting materials will be made available to the licensee, therefore, it is the
Local Authority's responsibility to redact any confidential or non-disclosable information (see RCW 42.56) prior to submission to
the WSLCB.
2) Status of License While Objection Pending
During the time an objection to a renewal is pending, the permanent liquor license is placed on hold. However, temporary
licenses are regularly issued to the licensee until a final decision is made by the Board.
3) Procedure Following Licensing Division Receipt of Objection
After we receive your objection, our licensing staff will prepare a report for review by the Licensing Director. The report
will include your letter of objection, as well as any attachments and supporting documents you send. The Licensing Director
will then decide to renew the liquor license, or to proceed with non-renewal.
4) Procedure if Board Does Not Renew License
If the Board decides not to renew a license, we will notify the licensee in writing, stating the reason for this decision. The
licensee also has the right to request a hearing to contest non-renewal of their liquor license. RCW 66.24.010 (8) (d) . If the
licensee makes a timely request for a hearing, we will notify you.
The Board's Licensing Division will be required to present evidence at the hearing before an administrative law judge to
support the non-renewal recommendation. You may present evidence in support of your objection or objections. The administrative
law judge will consider all of the evidence and issue an initial order for the Board's review. The Board members have final
authority to renew the liquor license and will enter a final order announcing their decision.
Cc:CMMRS Ne�atherlin, Shutty, Trask
Clerk p t&)111C P7U 4 1pu yfe6
y• sewlf
URGENT
WASHINGTON STATE LIQUOR AND CANNABIS BOARD - LICENSE SERVICES
1025 UNION AVE SE - P 0 Box 43075
Olympia WA 98504-3075
specialoccasions@lcb.wa.gov Fax: 360-753-2710
TO: MASON COUNTY COMMISSIONERS October 15, 2021 y �� V�
SPECIAL OCCASION #: 091545 ! �E�.
UNITED ANGELS 4 PETS OCT 18 2021
4116 167TH AVE COURT NW Mason County
LAKEBAY, WA 98349
COri missior em
DATE: OCTOBER 29TH AND 30TH 2O21 TIME: 5:00 PM TO 10:00 PM
PLACE: WHITE BARN DECOR (ENCLOSED) - 23611 NE WA-3, BELFAIR
CONTACT: ANTONETTE MENDENHALL (DOB 1/28/1970) 360-801-1182
SPECIAL OCCASION LICENSES
* _Licenses to sell beer on a specified date for consumption at a
specific place.
* _License to sell wine on a specific date for consumption at a
specific place.
* _Beer/Wine/Spirits in unopened bottle or package in limited
quantity for off premise consumption.
* _Spirituous liquor by the individual glass for consumption at a
specific place.
If return of this notice is not received in this office within 20 days from the above
date, we will assume you have no objections to the issuance of the license. If
additional time is required please advise.
1. Do you approve of applicant? YES NO
2. Do you approve of location? YES NO
3. If you disapprove and the Board contemplates issuing a
license, do you want a hearing before final action is
taken? YES NO
OPTIONAL CHECK LIST EXPLANATION YES NO
LAW ENFORCEMENT YES NO
HEALTH & SANITATION YES NO
FIRE, BUILDING, ZONING YES NO
OTHER: YES NO
If you have indicated disapproval of the applicant, location or both,
please submit a statement of all facts upon which such objections are based.
DATE SIGNATURE OF MAYOR, CITY MANAGER, COUNTY COMMISSIONERS OR DESIGNEE
**LESS THAN 20 DAYS! PLEASE EMAIL SPECIALOCCASIONS@LCB.WA.GOV**
Cc:CMMRS Neatherlin, Shutty, Trask
Clerk 4.p"se e
Washington State K' e-l"
Liquor and Cannabis Board
NOTICE OF MARIJUANA LICENSE APPLICATION
WASHINGTON STATE LIQUOR AND CANNABIS BOARD
License Division - P.O. Box 43098
Olympia,WA 98504-3098
Customer Service: (360) 664-1600
Fax: (360) 753-2710
Website: http://Icb.wa.gov
RETURN TO:localauthority@sp.lcb.wa.gov
TO: MASON COUNTY COMMISSIONERS DATE: 10/19/21
RE:ASSUMPTION APPLICANTS:
From WEST COAST PREMIUM PRODUCTS LLC
Dba WEST COAST PREMIUM PRODUCTS, LLC WAC FARMS, LLC
CHRISTENSEN, TAYLOR
License: 432661 -7A County:23 1984-05-03
U B I:604-466-598-001-0001
Tradename:WAC FARMS
Loc Addr: 11 NE TRUDEAU MOUNTAIN RD
BELFAIR,WA 98528-8795
Mail Addr: 31014 MILITARY RD S
AUBURN, WA 98001-3218
Phone No.:
tl id
Privileges Applied For: I _ y MARIJUANA PRODUCER TIER 2 O� ?00
MARIJUANA PROCESSOR
i
>... iiy
CGIn!;,:,:_,,oners
As required by RCW 69.50.331(7), the Liquor and Cannabis Board is notifying you that the above has
applied for a marijuana license. You have 20 days from the date of this notice to give your input on
this application. If we do not receive this notice back within 20 days,we will assume you have no
objection to the issuance of the license. If you need additional time to respond,you must submit a
written request for an extension of up to 20 days,with the reason(s)you need more time. If you
need information on SSN,contact our Marijuana CHRI desk at(360)664-1704.
YES NO
1.Do you approve of applicant? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑
2.Do you approve of location?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑
3.If you disapprove and the Board contemplates issuing a license,do you wish to
request an adjudicative hearing before final action is taken? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑
(See WAC 314-09-060 for information about this process)
4.If you disapprove,per RCW 69.50.331(7)you MUST attach a letter to the Board
detailing the reason(s)for the objection and a statement of all facts on which your
objection(s)are based.
DATE SIGNATURE OF MAYOR CITY MANAGER COUNTY COMMISSIONERS OR DESIGNEE
Cc:CMMRS Neatherlfn, Shutty, I rasK
Clerk
FEDERAL ENERGY REGULATORY COMMISSION
Office of Energy Projects
Division of Dam Safety and Inspections—Portland Regional Office
805 SW Broadway, Suite 550
Portland, Oregon 97205
(503) 552-2700
9/30/2021
In reply refer to:
P-460
VIA Electronic Mail t ,,
Mr. Chris Mattson 11
Generation Manager OCT ���r
Tacoma Public Utilities Mason County
cmattson@ci.tacoma.wa.us Coma,;s4an- rs
Subject: Cushman Dam No. 1 Stress and Stability Analysis Coarse Model,
Cushman Project
Dear Mr. Mattson:
This letter is to acknowledge your July 9, 2021 letter transmitting a Stress and
Stability Analysis dated July 5, 2021 for Cushman Dam No. 1; which is part of the
Cushman Project, FERC No. 460. This submittal was followed by two conference calls
on August 5, 2021 and August 6, 2021, that included the following personnel:
• Toby Brewer and Jon Sigafoos (Tacoma Power)
• Dan Curtis and Gurinderbir Sooch (Hatch, consultant to Tacoma Power)
• Eric Kennedy, Dan Klein, and Erin Williams (FERC-D2SI)
• Bruce Brand (Hetrodyne, consultant to FERC)
Based on our review of the information provided and the discussions in the above
referenced calls, we have several comments that are provided in the CEII Enclosure.
Within 30 days of the date of this letter, please respond to or submit a.plan and
schedule to address the comments. File all submittals using the Commission's eFiling
system at https://www.ferc.gov/ferc-online/overview. For all Dam Safety and Public
Safety Documents, select Hydro: Regional Office and Portland Regional Office from the
eFiling menu. If any portion of the submittal cannot be eFiled, contact the project
engineer to discuss options for transmitting the submittal materials to the Commission.
The cover page of the filing must indicate that the material was eFiled. For assistance
_ Cc:CMMRS Neatherlin, Shutty, Trask
{ � Clerk noC).11� / ��
N °pall MASON COUNTY COMMISSIONERS
OCT 112021 411 NORTH FIFTH STREET
SHELTON WA 98584
-- Mason County Fax 360-427-8437; Voice 360-427-9670, Ext. 419;275-4467 or482-5269
1854 Commissioners
I AM SEEKING APPOINTMENT TO Mason County Clean Water District
NAME:Teri King
ADDRESS: PHONE:
CITY/ZIP: VOTING PRECINCT: WORK PHONE:
(OR AREA IN THE COUNTY YOU WE) E-MAIL:
-------------------------------------------------------------------------------------------
COMMUNITY SERVICE EMPLOYMENT: (IF RETIRED, PREVIOUS EXPERIENCE)
(ACTIVITIES OR MEMBERSHIPS) COMPANY: Washington Sea Grant 30 YRS
':;knokiim RntarV C h ih
DKG Washington State Organization POSITION: Marine Water Quality Specialist
Mason County Master Gardeners COMPANY: YRS
WW Girl Scouts
POSITION:
--------------------------------------------------------------------------------------------
In your words,what do you perceive is the role or purpose of the Board, Committee or Council for which you are applying:
The rnle of the Committee is to provide advice to the Bnard of Cnunty Commissioners reaa�g
the use of the CWD funds to recover downgraded shellfish beds and to protect those that are in an
approved status. I have served on numerous CWD advisory boards for MC over the last 25 years
as well as the Puget Sound Paitnership's Ecosystem Coordination Board (10 years) iepiesenting
Hood Con;4l
What interests, skills do you wish to offer the Board, Committee, or Council?
As a 30 year MC resident working an marine NNater quality 1 have good knowledge of our shellfish
growing areas, their challenges and opportunities for improvement. I am active in our community
and am able to bring people, issues and science together to actively solve problems.
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)
Nlnno th.t I r-An thinly of;at this timo
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?
Quarterly X Monthly Weekly Daily
Office Use Only
�ut 10/8/21 Appointment Date
Signature Date
Term Expire Date
uu.uivimmo iNeatnenin, 5nutty, I rask
Clerk
2021 Q3 Report: Economic Development Council of Mason
The Mason EDC is the lead designated economic development agency for Mason County.We represent
the County and local businesses on a number of statewide, national and international issues. At the
heart of the work the EDC does are four main principles:
• RECRUIT investment and employment opportunities to the region,
• RETAIN existing local businesses by providing technical assistance and advocacy,and
• EXPAND operational capacity for local employers by providing them with new market
opportunities.
• COORDINATE economic development efforts in Mason County,the region, and the state.
2021 Scope of Services
0 CONTRACTOR to provide a budget by expense category totaling$90,000 for the 2021, one-year
contract to the BOCC within fifteen days (15) of contract execution. Completed.
0 CONTRACTOR to provide update to Board of County Commissioner...
Deliverable: At a minimum of once per quarter the Executive Director or designee will provide a
brief update on EDC work during public testimony at commission meetings.
Q3:We're back to regular briefings to the BOCC through Zoom
Q3:We kept the same outreach efforts for the 11'quarter of 2021 which has been county wide
during these recovery efforts. We continued to utilize our local newspaper, radio station, Mason
County EOC Team, Firefighters Association, social media, email distributions lists. We are
calling, emailing, and driving to businesses to make sure we reach as many as we can during this
time. We have also partnered with our Public Utility Districts#3 and No.1 to reach all their
commercial rate payers to provide funding opportunities and business support resources.
RECRUITMENT& MARKETING
0 CONTRACTOR to market Mason County as excellent locations to expand or relocate ...
Deliverable: number of businesses contacted.
Q3: New leads: 9
Potentials Pipeline: 5
Sites: Industrial Land -Work beginning on examination of current industrial land and
potential development areas.
Commercial sites-identification of potential projects areas, review of current
infrastructure, assessment of needed infrastructure to make marketable.
Runway Business Park-Site plan development moving forward.
0 CONTRACTOR to provide site location assistance ... '.
Deliverable: Quarterly list of project names. �E ®
Q3: Project Hot Tub Time Machine: Manufacturing
Project Bumble Bee: Data Center OC �11 2021
Project Jane: Aerospace
Project Highbar: Manufacturer Mason County
Project Robo: Manufacturer/Assembly Plant Commissioners
Project Walleye: Data Center
Project Big:Triangle mixed use, retail developer
Project Black Falcon: Paper manufacturer
Project Globetrotter: Aerospace manufacturer
Project Traveler: Successfully moving forward
Project Skeeters: Family bowling center USDA funding—timeline extension
BUSINESS RETENTION & EXPANSION ACTIVITIES
Deliverable: quarterly dashboard of communication analytics.
Q3: DASHBOARD OF ANALYTICS: 2021 Q3
WEBSITE
•• • • :•
1,353 3,742 56.65%
SOCIAL MEDIA
:60
Followers:2047 Followers:206
New Followers:58 New Followers:25
Page Views:480 New Posts:67
Likes:1901
Post Reach:17,414
CONTRACTOR to provide business retention and expansion services ...
Work has begun to transition the 'Business Spotlights' into a formal BRE program.This program will
incorporate a wide range of tools and services designed to help local businesses become more
competitive and to grow where they are rather than relocate.
Deliverable: number of businesses visited.
Q3: While we continue our outreach via phone calls, Zoom and email we have gotten back out
to our area communities to check in on our businesses in a safe manner. We have a new CRM
to better track and schedule business visits and follow ups. The BRE program had been modified
to digital and virtual services during the pandemic to be safe for our staff. We have two new
group discussions going on, one with our largest employers on navigating testing and vaccine
mandates and the other for e-commerce businesses to build a stronger community and share
ideas. We estimate we have visited or digitally reached out to no less than 100 business.
Deliverable: number of follow-ups with existing businesses.
Q3: EDC staff continues to work with the Mason County Area Command team for recovery
efforts in Mason County. Our local media outlets continue to share out our updates via
interviews and articles. Our distribution lists are massive, and we use those constantly and
receive great feedback. With follow ups,via email, phone calls, referrals we estimate 50 at
minimum during this past quarter.
R1 CONTRACTOR to participate ... in the coordination of the job skills training program and the
customized training program within its region.
Q3: CDBG Business Builder Course—CDBG Business Builder Course has had low attendance as
several online courses have been experiencing across the region. Mason County was successful in
getting an extension on this grant until December of 2022. There are discussions within the group to
change our marketing and outreach style to attract those who have started new businesses during 2020
and those that need help to expand.
BUSINESS ASSISTANCE
Q CONTRACTOR to provide or facilitate the provision of export assistance.
Q CONTRACTOR to provide business assistance ...
Deliverable: number of businesses that direct assistance was provided.
Q3: Approximately 750 businesses were assisted through a variety of business support.We are
collaborating with the Department of Commerce on a new 5th round of Working Washington Grant,
and we continue discussions with our BOCC on another round of small business grants for non-
profits and non-traditional brick and mortar home based businesses.
Deliverable: and number of follow-up interactions.
Q3: Approximately 40 for the quarter.The work that we continue our focus on is business
retention and outreach. We have in person visits and phones flowing up on businesses to make
sure that they are doing ok and provide them with links or contacts for specific services.
READINESS&CAPACITY BUILDING
Q CONTRACTOR to solicit, compile and rank the Comprehensive Economic Development Strategy
(CEDS) list annually.
Q CONTRACTOR to provide an annual economic report.
Deliverable: report of economic indicators and comparisons in Mason County.
Q CONTRACTOR to participate in economic development system-wide discussions regarding gaps in
business start-up assistance in Mason County.
Q CONTRACTOR to participate in development of a countywide economic development plan in
conjunction with other governmental jurisdictions and institutions.
o Opportunity Zones
Q CONTRACTOR to provide an annual snapshot of local economic conditions ...
Deliverable: Economic Vitality index will be complied and provided in December 2022.
Cc:CMMRS Neatherlin, Shutty, Trask
Clerk
P�
a01HER/10° CHAUFFEURS, TEAMSTERS & HELPERS UNION
LOCAL NO. 252
o a
a Affiliated with the Interitatiofial Brotherhood of Teamsters
217 East Main Street,Centralia,WA 98531 • (360)736-9979 • Fax(360)330-0377
®t v1i1:aq'. 41
October 7, 2021
Sent by Certified Mail #7019 2970 0001 7162 4433
Return Receipt Requested
Randy Neatherlin, Chairman
Mason County Board of County Commissioners
411 N. 51h St., Bldg. 1
Shelton, WA 98584
Re: Notice of Contract Opening
Collective Bargaining Agreement January 1, 2019— December 31, 2021
Mason County Appraisers
Dear Chairman Neatherlin.-
Pursuant to the terms of our current referenced labor agreement, kindly accept this as
sufficient notification of Teamsters Local Union No. 252's, affiliated with the International
Brotherhood of Teamsters, desire to open the contract for purposes of amending all articles,
appendixes, supplements, addenda and/or letters of understanding.
We will be pleased to meet with you at your earliest convenience. Please contact
Business Agent, Shandi Cardin so that we can schedule a mutually acceptable time and location
to commence negotiations.
WSineely,
Brian Bla dell, Secretary-Treasurer
Teamsters Union Local No. 252
BB:dh
cc: PERC— Electronically Submitted P„� ,
FMCS - Online Confirmation ID: L?'I oOWISDI
Sharon Trask, Commissioner
Kevin Shuttey, Commissioner
Frank Pinter, Interim Count Admin. OCT 15 2021
Shandi Cardin, Business Agent
Mason Co-l!'N
Commissionu.s
In the Counties of Grays Harbor,Lewis,Mason,Thurston and that portion of Pacific County north of a straight line made by extending the north boundary line of Wahkiakum County west to the Pacific Ocean.
Cc:CMMRS Neatherlin, Shutty, Trask
Clerk
P�
„� ptHEgy CHAUFFEURS, TEAMSTERS & HELPERS UNION
LOCAL NO. 252
V. Affiliated with the International Brotherhood of Teamsters
Sa�3 217 East Main Street,Centralia,WA 98531 • (360)736-9979 • Fax(360)330-0377
® a,
October 7, 2021
Sent by Certified Mail #7019 2970 0001 7162 4457
Return Receipt Requested
Randy Neatheriin, Chairman
Mason County Board of County Commissioners
411 N. 51h St., Bldg. 1
Shelton, WA 98584
Re: Notice of Contract Opening - Mason County (Public Works)
(Maintenance and E.R. & R. Divisions)
Collective Bargaining Agreement: 1-1-2019— 12-31-2021
Dear Chairman, Neatherlin:
Pursuant to the terms of our current referenced labor agreement, kindly accept this as
sufficient notification of Teamsters Local Union No. 252's, affiliated with the International
Brotherhood of Teamsters, desire to open the contract for purposes of amending all articles,
appendixes, supplements, addenda and/or letters of understanding.
We will be pleased to meet with you at your earliest convenience. Please contact
Business Agent, Shandi Cardin so that we can schedule a mutually acceptable time and location
to commence negotiations.
Sincerely,
Brian Blasidell, Secretary-Treasurer
Teamsters Union Local No. 252
BB:dh
cc: PERC— Electronically Submitted
FMCS - Online Confirmation ID: 4?�S aa1 S 3
Sharon Trask, Commissioner
Kevin Shuttey, Commissioner , ";7
Frank Pinter, Interim County Admin. d�
Shandi Cardin, Business Agent
OCT 15 1021
Mason County
Commissioners
In the Counties of Grays Harbor,Lewis,Mason,Thurston and that portion of Pacific County north of a straight line made by extending the north boundary line of Wahkiakum County west to the Pacific Ocean.
Cc:CMMRS Neatherlin, Shutty, Trask
Clerk
P�
., MHERN°° A CHAUFFEURS, TEAMSTERS & HELPERS UNION
ea o
LOCAL No. 252
a a Affiliated with the International Brotherhood of Teamsters
217 East Main Street,Centralia,WA 98531 • (360)736-9979 • Fax(360)330-0377
2, 5a
® 4,
October 7, 2021
Sent by Certified Mail #7019 2970 0001 7162 4464
Return Receipt Requested
Randy Neatherlin, Chairman
Mason County Board of County_ Commissioners
411 N. 5th St., Bldg. 1
Shelton, WA 98584
Re: Notice of Contract Opening - Mason County (General Services)
Collective Bargaining Agreement: January 1, 2019— December 31, 2021
Dear Chairman, Neatherlin:
Pursuant to the terms of our current referenced labor agreement, kindly accept this as
sufficient notification of Teamsters Local Union No. 252's, affiliated with the International
Brotherhood of Teamsters, desire to open the contract for purposes of amending all articles,
appendixes, supplements, addenda and/or letters of understanding.
We will be pleased to meet with you at your earliest convenience. Please contact
Business Agent, Shandi Cardin so that we can schedule a mutually acceptable time and location
to commence negotiations.
Since ely,
Brian Blais ell. Secretary-Treasurer
i eamsters Union Local No. 252
BB/dh
cc: PERC— Electronically Submitted
FMCS - Online Confirmation ID: S�
Sharon Trask, Commissioner Z '; "F'°'
Kevin Shuttey , Commissioner E L '=
Frank Pinter, Interim County Admin.
Shandi Cardin, Business Agent OCT 1 5 2071,
Mason County
Commissioners
In the Counties of Grays Harbor,Lewis,Mason,'rhurston and that portion of Pacific County north of a straight line made by extending the north boundary line of Wahkiakum County west to the Pacific Ocean.
Cc:CMMRS Neatherlin, Shutty, Trask
E Clerk
OCT 15 2021h
Mason County
Cnrnmissioners STATE OF WASHINGTON
DEPARTMENT OF COMMERCE
1011 Plum Street SE• PO Box 42525• Olympia,Washington 98504-2525.360-725-4000
N
8 www.commerce.wa.gov
8
N_
fT
Dear MASON COUNTY,
s
0
s Based on data from your county assessor, it appears that you own a building or a portion of a
building that is over 50,000 gross square feet.'This letter is to inform you this building is likely
subject to the state's new Clean Buildings Performance Standard (RCW 19.27A.200-240).
There are certain steps you must take to ensure you are in compliance with the standard.
The Washington State Department of Commerce recommends building owners inform their
facility managers of compliance requirements and incentive funding.
We have identified the following parcel(s) as a building or a portion of a building that may be
subject to the Clean Buildings Performance Standard, and possibly eligible for the Early Adopter
Incentive Program.
Commerce County Parcel ID Estimated building Is the building on
Building ID gross square feet multiple parcels?
MASON011 42002-21-90010 59,760 No
MASON031 42115-42-00020 No
MASON080 32019-51-02001 41,060 Yes
The Clean Buildings Program
The Clean Buildings Bill (Chapter 285, Laws of 2019) was signed into law on May 7, 2019. The
objective is to lower energy costs and reduce pollution from fossil fuel consumption in the state's
existing buildings, especially large commercial buildings. The standard and incentive program
are administered by the Washington State Department of Commerce.
The standard applies to large non-residential buildings greater than 50,000 gross square feet.
Large multifamily residential buildings are exempt from mandatory requirements but are eligible
for the Early Adopter Incentive Program described on the next page.
Mandatory compliance dates are based on building size:
• Buildings with more than 220,000 gross square feet must be in compliance by
July 1, 2026.
• Buildings with 90,001 - 220,000 gross square feet must be in compliance by July 1,
2027.
• Buildings with 50,000 - 90,000 gross square feet must be in compliance by July 1, 2028.
You can visit Commerce's Clean Buildings website at www.commerce.wa.gov/buildings for
more information.
1 This information is taken from county assessor data,which may not be complete. If there is no information in this column or the
estimated building gross floor area is smaller than 50,000 gross square feet,please go to the Clean Buildings Portal and confirm
your building's gross floor area in square feet.
Create a profile in the Clean Buildings Portal
To begin the compliance process, create a profile in the state's Clean Buildings Portal. The
Clean Buildings Portal is where you will track compliance requirements and can apply for the
Early Adopter Incentive Program.
To access the portal, you will log into your Secure Access Washington (SAW) account, or sign
up if you do not already have one. Please visit www.secureaccess.wa.gov and create an
account or log in using your existing account. Once you are logged into SAW, click the "ADD A
NEW SERVICE" button. On the "ADD A NEW SERVICE" page, click on "I have been given a
code by an agency." On the "ENTER YOUR CODE" pop-up, enter the code CBPS21 and click
"SUBMIT," then on the "REGISTRATION COMPLETE" page, click "OK."
After you have added the Clean Buildings Portal to your services, you can launch it by clicking
the "Access Now" button. When prompted, enter the notification code provided below to access
your Clean Buildings Portal profile for the first time. Next time you need to access your profile,
simply log into SAW and click "Access Now."
Here is your first-time access notification code:
A9C59B7F71
Early Adopter Incentive Program
The Early Adopter Incentive Program provides financial incentives to encourage early
compliance with the Clean Buildings Performance Standard. The voluntary incentive program is
available to multifamily residential, nonresidential, hotel, motel and dormitory buildings with
greater than 50,000 gross square feet.
The incentive program began July 1, 2021. An eligible building owner that demonstrates early
compliance with the standard may receive a one-time base incentive payment of$0.85 per
gross square foot of floor area, excluding parking, unconditioned or semi-conditioned spaces.
To apply for the incentive program:
• The building must have at least one electric utility, gas company or thermal energy
company providing or delivering energy services.
o This is a state incentive that can be administered in addition to utility
conservation incentives. Please contact your local utility for more information.
o Utility providers who do not pay public utility taxes are not eligible to participate
in the Early Adopter Incentive program.
• The building must be 15 Energy Use Intensity (EUI) or more above their target.
• The building must be brought into full compliance with the Clean Buildings Performance
Standard and meet its Energy Use Intensity target (EUlt).
Submit your Early Adopter Incentive application through the Clean Buildings Portal. Please
note, incentive funds are limited and applications will be reviewed by Commerce. To find out
more about the Early Adopter Incentive Program, please visit the Clean Buildings website and
review the Early Adopter Incentive Program Guidebook.
Next Steps for Building Owners
1. Visit the Clean Buildings website to learn more about the Clean Buildings program.
2. Log in to the Clean Buildings Portal via Secure Access Washington. Once in the portal,
do the following:
a. Confirm your ownership of the building or portion of the building.
b. Review your building details, such as assessor-reported square footage, and
report the square footage of your building or portion of the building.
c. Learn about program exemptions and what to do if you believe your building is
exempt from mandatory compliance.
W d. Begin the process of benchmarking. Follow the instructions to confirm your
N building square footage and building uses via the Energy Star Portfolio Manager
s (ESPM). Contact your utility provider(s) to start integrating your building into
N ESPM.
0
s 3. If your building was misidentified as a covered commercial building, please visit the
sClean Buildings website and follow the instructions to submit a data verification request.
a. Misidentified buildings include: structures that are not actually buildings (e.g.
docks and piers); buildings that are less than 50,000 gross square feet; or if you
are not the owner of the building.
We appreciate your help ensuring Washington state achieves its clean energy and greenhouse
gas reduction goals. Together, we will lower our fossil fuel consumption and create a healthier,
greener future.
If you have any questions, please contact our Clean Buildings Team at
buildings @commerce.wa.gov.
Sincerely,
Michael Furze, Assistant Director
Energy Division, Washington State Department of Commerce
Cc,CMMRS Neatherlin, Shutty, Trask
Clerk
SCArC
0
�Mesa P
STATE OF WASHINGTON
OFFICE OF FINANCIAL MANAGEMENT
Insurance Building, PO Box 43113.Olympia, Washington 98504-3113•(360)902-0555
October 7,2021
Dear County and City officials:
The delay in receiving the 2020 census data from the U.S. Census Bureau has had many unforeseen
consequences.On June 30,2021,the Office of Financial Management transmitted it's April 1,2021,
population determinations which were produced without the consideration of the detailed 2020 census data.
Considering the recently received census data we are revising our 2021 population determinations and will
submit revisions to the relevant state agencies on November 30 as part of OFM's quarterly annexation
filing.These revised estimates will be used in the allocation of selected state revenues beginning January 1,
2022.
The revised estimates will be based on 2020 census data and the information previously reported on the
2a21 Housing Unit and Population Survey,Form A. We will not be asking you to report new Form A data.
You will have the opportunity to review and comment on the revised 2021 estimates.The review period is
set to start October 25 and end November 8.The preliminary estimates will be available to registered users
on our Population Estimate System website and mailed to the designated 2021 estimate contacts.
We encourage you to provide feedback on OFM's 2020 estimates of housing and population by structure
type.Note that OFM allocates 2020 population and housing by structure type based on data collected from
jurisdictions through Form A since the detailed decennial census data no longer includes structure type
information.
If you have issues with the 2020 Census figures,please let us know why. We cannot change the 2020
Census data.But we can discuss the options we have going into the 2022 estimate process.
This is an unprecedented situation.Please contact me at Mike.Mohrmanaofn.wa. og_v or 360-902-0602
with any questions or concerns that you may have.
Sincerely,
Mike Mohrman E C ;: 4" '
State Demographer
OCT 15 2021
Mason County
Commissioners
NEWS RELEASE
October 26, 2021
MASON COUNTY COMMISSIONERS' OFFICE
411 N 5T" ST, BLDG 1, SHELTON, WA 98584
TO: KMAS, KRXY, SHELTON-MASON COUNTY JOURNAL, THE
OLYMPIAN, SHELTON CHAMBER OF COMMERCE, NORTH MASON
CHAMBER OF COMMERCE, CITY OF SHELTON, ECONOMIC
DEVELOPMENT COUNCIL, THE SUN
RE: Public Input Sought for Mason County Comprehensive Parks Plan
Mason County is drafting a new master Parks, Recreation, Open Space and Trails
(PROST) plan. This new, integrated plan will replace the 2013 Comprehensive Parks Plan
with a single guiding document for the next 6-10 years of parks and recreation activities.
County residents, patrons, and interested stakeholders are invited to share their insights
for the common goal of shaping future parks and recreational facilities within Mason
County. Your answers will provide meaningful insights on how to best serve you as a
member of our community.
Maptionnaire is a location-based survey platform that takes the project to the
community. Participants can provide community insights, pinpoint concerns, share
comments, and have meaningful discussions with other community members about the
spaces they know and value.
Please visit the Mason County—Parks, Recreation, Open Space &Trails Page
(https://www.masoncountywa.gov/parks/index.php) to learn more about the project
and take the Survey!
Survey link:
https://survey.alchemer.com/s3/6572473/Mason-PROST-Survey
Please complete survey by November 1st; responses are anonymous.
For further information please contact the Mason County Parks and Trails Office at (360)
427-9670 extension 535.
BOARD OF MASON COUNTY COMMISSIONERS
Randy Neatherlin Kevin Shutty Sharon Trask
Chair Commissioner Commissioner
NEWS RELEASE
October 26, 2021
MASON COUNTY COMMISSIONERS
411 NORTH 5T" ST
SHELTON, WA 98584
(360) 427-9670 EXT. 419
TO: KMAS, KRXY, SHELTON-MASON COUNTY JOURNAL, THE
OLYMPIAN, SHELTON CHAMBER OF COMMERCE, NORTH MASON
CHAMBER OF COMMERCE, CITY OF SHELTON, ECONOMIC
DEVELOPMENT COUNCIL, THE SUN
RE: Mason County Historic Preservation Commission
The Mason County Commissioners are seeking an applicant to fill two open positions on
the Mason County Historic Preservation Commission.
The major responsibility of the Historic Preservation Commission is to identify and
actively encourage the conservation of Mason County's historic resources by initiating
and maintaining a register of historic places and reviewing proposed changes to register
properties. They also work to raise community awareness of Mason County's history and
historic resources and serve as Mason County's primary resource in matters of history,
historic planning, and preservation.
Commission members serve three-year terms and meet monthly, during business hours,
at the County offices in Shelton. During COVID these meetings are being held via Zoom.
Both of these terms are open due to unexpected vacancies and will expire in November
2022. Applicants must be residents of Mason County.
Interested persons are encouraged to apply for this commission by completing an
advisory board form that can be downloaded from our website—
http://www.co.mason.wa.us/forms/advisory/Advisoryboardapp.pdf or by calling the
Commissioners' office at 427-9670 ext. 419 or 275-4467 ext. 419. Completed
applications should be submitted in the Commissioners' office at 411 N 51 Street,
Shelton. Positions are open until filled.
If there are questions about theses positions, please contact Michael MacSems at 427-
9670 ext. 571 or by e-mail at HPCQco.mason.wa.us.
BOARD OF MASON COUNTY COMMISSIONERS
Randy Neatherlin Sharon Trask Kevin Shutty
Chair Commissioner Commissioner
2021 Mason County Historic Preservation Commission
Membership List
Jann Goodpaster Vice Chair Nov 2021
Micah Sanders Nov 2024
Vacant Nov 2022
Vacant Nov 2022
David Dally Nov 2022
Edgar Huber Chair,Professional Expertise Nov 2023
Wayne Nicholson Nov 2023
Rhonda Foster Ex-Officio Member
Kris Miller Ex-Officio Member
BOARD OF MASON COUNTY COMMISSIONERS'BRIEFING MINUTES
Mason County Commission Chambers,411 North 5th Street,Shelton,WA
Week of August 23,2021
Monday,August 23,2021
9:00 A.M. Great Peninsula Conservancy—Nathan Daniel
Commissioners Neatherlin, Shutty and Trask were in attendance via Zoom.
• Nathan shared a presentation on Protecting,Stewarding,&Connecting All People to
the Land.
9:30 A.M. Support Services—Frank Pinter
Commissioners Neatherlin,Shutty and Trask were in attendance via Zoom.
• Ross McDowell shared that the Area Command meetings are being held Mondays
and Wednesdays.
• Ross discussed the draft Real Estate Excise Tax(BEET)2 projects list for 2021-
2022. The items listed in green are the priority for 2021. These items include(d)
renovating bathrooms at five of the parks;replacing an old tractor;purchasing a
trailer with pressure washer;re-seeding Sandhill fields 4,5,6,and 7;replacing wood
chips at playgrounds;funding an additional full-time employee through the end of
the year. Cmmr.Neatherlin shared that North Mason does not currently have a park
with lighting,all-season field,or a playground.
• Ross shared the 2021 Field Rental Rates for Soccer. Originally the rates were set up
to be game and practice specific,youth versus adult leagues. North Mason Soccer
uses fields 4,5,6,and 7 at Sandhill and have not been charged a fee. North Mason
Pee Wees and other baseball teams are generally charged$9.75 per hour. This year
all entities will be charged. Soccer season will need to end by a certain date to allow
for seeding before baseball season. Mason County has more fields than a lot of other
Counties. The biggest complaint is last minute cancellations. Cmmr.Neatherlin
feels all entities should be charged and when looking at the pricing structure to
consider whether it is non-profit or for-profit. Approved to move forward.
• Diane Zoren asked to extend the contract with Dedrick Allen of MasonWebTV.com
for streaming services through December 31,2022. Approved to move forward.
• Diane shared the Memorandum of Understanding(MOU)with the Housing
Authority. The MOU is asking for just under$102k to help the Housing Authority
develop anew management structure through September 30,2022. Frank added that
at this time there are no funds for the Housing Authority to expend in order to ask for
reimbursement,there is a cash flow issue and funds would be needed up front from
the County. The Housing Authority could come forward with updates on a quarterly
basis to report changes and finances. Cmmr.Neatherlin would like a complete
breakdown of the audit assessment done by the new accounting and auditing
contractor retroactive to 2017. Approved to move forward.
• Frank shared that the County Administrator search closed last Friday and there were
17 total applicants. Prothman scheduled a 90-minute Executive Session with the
Board on August 30,2021 at 11:00 a.m.to discuss and review applicants and come
up with 5-6 applicants to interview. Interviews are scheduled for September 14,
2021 via Zoom. Approved to move forward.
• Frank reviewed the American Rescue Plan Act(ARPA)projects. New additions
and/or updates include the ability for Mason County to ask for reimbursement of lost
revenue. The Treasury Department put forward a lost revenue analysis that shows
all Government entities should grow 4-5%a year for revenue growth. Jennifer
Beierle did a preliminary review and we may be able to recover$1.5-2 million of
ARPA funding to use as revenue reimbursement back into the General Fund. There
are no restrictions or reporting requirements. These funds can be used for anything
once in the General Fund other than as a"rainy day"fund.
• Frank shared an MOU with the Corrections Deputy Union requesting a sign on
bonus for new recruits;$5,000 up front after the recruit passes their probationary
period and$5,000 after 36 months of employment with the County. Approved to
move forward.
• Kelly Bergh discussed the amendment to the Community Development Block Grant
(CDBG)Program for microenterprise building connections to extend the deadline
from March 31,2022 to December 31,2022. Approved to move forward.
• Jennifer Beierle shared the 2022 Budget process and timeline. Preliminary budget
entry was due August 9,2021. The Auditor will present the 2022 preliminary budget
on September 7,2021. Budget Level 3 revenues and expenditures will be emailed to
departments August 24,2021. Training is available via Zoom at 2:00 p.m.August
24,2021 for help with Project Level Request(PLR)forms. PRLs are due by
September 14,2021. Budget overview and workshops will begin late September or
early October. Department Heads will need to contact Diane Zoren or McKenzie
Smith to schedule. A resolution to set a Public Hearing will be done November 9,
2021 and adoption of the 2022 Budget will be done December 6,2021.
10:00 A.M. Community Services—Dave Windom
Commissioners Neatherlin, Shutty and Trask were in attendance via Zoom.
• Dave shared COVID data from Area Command was pulled from five sources and is
on a vertical climb. Deaths and hospitalizations are increased. Currently Mason
County has one ICU bed available and no negative pressure beds available. St.
Pete's,Capital Medical Center,and Kitsap hospitals have zero beds. Mason Health
and Peninsula are the primary vaccine providers as well as pharmacies. Pfizer has
been FDA approved for general use. Vaccines are recommended for age 12 and up.
At this time there is not enough demand for vaccine clinics. A third"booster"dose
will be authorized for general use September 20,2021. There is guidance for those
who are immunocompromised. Positivity rate jumped from 1%to 8%. There is a
backlog in reporting negative tests,positive tests are reported immediately. 94.6%of
individuals in the hospital positive for COVID are unvaccinated. The mask mandate
goes into effect today. Dr.Dean Gushee added that COVID patients are having to be
doubled up in rooms. There are 10 COVID-positive patients in the hospital at this
time. Surgeries are being cancelled,care is put off for patients who have other
conditions,and conference rooms may potentially be converted into patient rooms.
There may be an uptick in vaccinations due to the new Governor's mandates. It is
possible for individuals to get two variants of COVID.
• Alex Paysse shared the two-year Local Solid Waste Financial Assistance grant for a
total allotment of$174,490.67 to support one Solid Waste Staff. This contract is for
the 2021-2023 biennium and has been reviewed by legal. Approved to move
forward.
• Alex discussed the Clean Water District Advisory Committee. Partner feedback was
received from the Hood Canal Coordinating Council and Lower Hood Canal
Watershed Coalition. The following decisions were recommended: a Commissioner
will run and chair the meeting and only be a voting member if there is a tie;a City
Council Member will remain on the board;Citizen board members will go from two
to three;and the Staff representative from the County will be non-voting. Approved
to move forward.
• Marissa Watson discussed the Shoreline Master Program(SMP)Periodic review and
update. Periodic reviews are mandated to be done every eight years under RCW
90.58. The Planning Advisory Committee recommends approval with a few
revisions. The Department of Ecology's initial determination of consistency was
received on August 13,2021. The Consistency Review document is broken up into
five sections:consistency with State law,critical areas resource ordinance
consistency,consistency of SMP with Comprehensive Plan and other development
regulations,other issues or recommendations,and Title 15 Development Code.
• Dave discussed the new mask mandate. Front facing staff must wear a mask. Staff
"behind the line"must wear a mask when leaving their desk/office. If staff are in a
group setting,a mask must be worn.
10:30 A.M. BREAK
10:35 A.M. Public Works—Loretta Swanson
Utilities&Waste Management
Commissioners Neatherlin, Shutty and Trask were in attendance via Zoom.
• Richard Dickinson shared a news release for the 2022 Water and Sewer System Rate
Increases for North Bay,Rustlewood,and Beards Cove which will increase by 3.4%.
• Loretta and Richard have been working with Kevin Guijosa and Justin Phelps to
refine a list of American Rescue Plan Act projects with cost estimates. Arrears due
to COVID will be included as well.
• Staff met with individuals in Oak Park to go over traffic concerns. Additional speed
limit signs will be installed throughout the community.
• Lake Limerick will have a new stop sign installed.
• Loretta shared other work items include starting striping,wrapping up chip seal
projects,and starting culvert projects out at Homer-Adams and Katy Creek.
10:50 A.M. Executive Session—RCW 42.30.110(1)(b)(c)Real Estate
Commissioners Neatherlin,Shutty,and Trask met in Executive Session via Zoom
from 11:46 a.m.to 12:04 a.m.for real estate. Also attending was Frank Pinter and
Loretta Swanson.
11:05 A.M. Closed Session—RCW 42.30.140(4)Labor Discussion
Commissioners Neatherlin,Shutty,and Trask met in Closed Session via Zoom from
12:04 a.m.to 12:13 a.m.for labor discussion. Also attending was Frank Pinter.
Respectfully submitted,
McKenzie Smith,Clerk of the Board
BOARD OF MASON COUNTY COMMISSIONERS
Randy Neatherlin Sharon Trask Kevin Shutty
Chair Commissioner Commissioner
BOARD OF MASON COUNTY COMMISSIONERS'BRIEFING MINUTES
Mason County Commission Chambers,411 North 5th Street,Shelton,WA
Week of September 13,2021
Monday, September 13,2021
9:00 A.M. Veterans Advisory Board Interviews
Commissioners Neatherlin,Shutty and Trask were in attendance via Zoom.
• The Board interviewed Pamela Stevens-Perez and David Peppard for the Veterans
Advisory Board. Pamela Stevens-Perez was selected.
9:15 A.M. Support Services—Frank Pinter
Commissioners Neatherlin,Shutty and Trask were in attendance via Zoom.
• Frank gave an update on the American Rescue Plan Act(ARPA)funding. Contracts
for Public Utility District No. 1,Hood Canal Communications,Economic
Development Council,Public Utility District No.3,and Belfair Water have been
sent out for review and signature. Revenue reimbursement numbers are being
discussed and will be brought before the Board.
• Frank discussed the disposition of two Public Works parcels on the comer of
Highway 101 and 102,parcel 7 and 8. An offer to purchase has been reviewed in
Executive Session. Commission would like Frank to discuss requirements with Tim
Whitehead.
• Frank shared that Debra Munguia accepted the lobbyist contract. Approved to move
forward.
• Frank discussed the replacement of the Emergency Management(DEM)/Information
Technology(IT)/Parks manager position. The position would be split into two—
DEM and IT/Parks. The DEM management position would require a position to be
opened and fulfilled. The IT/Parks management position would be handled under
Central Services and labeled Project Manager. The current position is Range 38 and
the new position would be Range 32 and would also handle administrative services
for Facilities. A job description is being drafted. Commission would like the new
County Administrator to help restructure the position and provide Lead Pay for staff
currently handling those positions.
• Diane Zoren shared the Public Utility District(PUD)Privilege Tax Resolution
authorizing the Treasurer to distribute funds each year on an on-going basis.
Approved to move forward.
• Nichole Wilston brought forward a contract with Mason General to provide Hepatitis
B vaccines,respirator FIT medical reviews,and supplies that expired in 2020. There
are no changes to cost and the new contract would go until December 31,2026.
Approved to move forward.
• Jennifer Beierle shared the August 2021 Financial Report. Revenue collected
through the end of August is$28,896,817. About$800k more has been collected in
property taxes this year versus last year mainly due to the levy shift. Sales tax is
$1.2 million more than last year for a total of$5.4 million. Interest is down$293k
compared to last year. Expenditures through the end of August are$24,599,052 and
are at 60%of the total budget. Both Parks and the Coroner will need a budget
amendment for fuel. The Six-Year Specific Revenue Streams comparison,all have
increased except for the Road Diversion Property Tax due to the levy shift. Sales
Tax collected in August was$800,707. Projected end of year revenue is around$7.5
million. Current expense cash is$20,656,905;and total Special Fund cash is
$42,113,578. Motor Pool Budget to Actual Expenditures$990,742 has been spent.
Fuel costs for departments have been underestimated. All vehicles have come in that
were purchased for 2021. Special and Other Funds revenue is$40,787,322 and
Special and Other Funds expenditures is$31,131,021.
10:00 A.M. Auditor's Office—Leo Kim
Commissioners Neatherlin, Shutty and Trask were in attendance via Zoom.
• Leo presented the State Auditor's Office(SAO)Entrance Conference yearly audit
and internal control assessments performed documents. The document is broken
down into sections: SAO email; SAO informal entrance conference;SAO annual
report;SAO engagement letter;internal control assessment by Teresa D.Johnson,
CPA;and draft update for jail internal control assessment by Teresa D.Johnson,
CPA. The cost of the audit is estimated to be approximately$90k.
10:15 A.M. Community Services—Dave Windom
Commissioners Neatherlin, Shutty and Trask were in attendance via Zoom.
• Dave discussed needing a storage space location and pole building for Public Health
COVID-19/emergency supplies. Currently there are four trailers,however two were
left out in the weather and have issues with leaking water. CARES Act funding can
be used but must be obligated by December.
• Alex Paysse brought forward a request to post and backfill an upcoming vacancy for
an Environment Health Specialist position. Approved to move forward.
• Alex discussed releasing a Clean Water District Advisory Committee Vacancy news
release. Approved to move forward.
• Lydia Buchheit shared a position request for a temporary full-time Public Health
Nurse/Registered Nurse for COVID response assistance using COVID funding.
Approved to move forward.
• Lydia shared a position request for a temporary full-time Community Health
Specialist for COVID response using COVID funding. This will allow staff to return
to their normal duties and fulfill other grant deliverables. Approved to move
forward.
• Dave presented Consolidated Contract amendment 23 which adds$29,605 for
emergency preparedness;$202,891 for foundational public health services;$50k for
overdose prevention;extends the COVID-19 coordinated response ending date to
December 31,2021;$16,924 for maternal child health;and$15k for work in
wastewater management. Approved to move forward.
• Kell Rowen discussed hiring a building official and having a full-time fire marshal.
Timing wise,the building official would be hired first to help write the fire marshal
job description and select an applicant.
10:45 A.M. BREAK
10:50 A.M. WSU Extension Office—Dan Teuteberg
Commissioners Neatherlin,Shutty and Trask were in attendance via Zoom.
• Dam highlighted the Summer 2021 Report on accomplishments of Mason County
WSU. This summer Mason County 4-H participated in the Grays Harbor County
Fair. A rock painting virtual engagement was done with families and children.
Educators have been at the Farmer's Market to provide resources to low income
families. Farming and septic workshops have been provided to the community. 717
pounds of food has been donated that was grown in Catalyst Park. Noxious Weed
program has been partnering with State parks and the Forest Service to do work in
Mason County.
Tuesday, September 14,2021
10:00 A.M. Executive Session—RCW 42.30.110(1)(g)County Administrator Interviews
Commissioners Neatherlin,Shutty and Trask were in attendance via Zoom from
10:30 a.m.3:00 p.m.with an hour lunch break.
Frank Pinter and Diane Zoren were also in attendance.
Respectfully submitted,
McKenzie Smith,Clerk of the Board
BOARD OF MASON COUNTY COMMISSIONERS
Randy Neatherlin Sharon Trask Kevin Shutty
Chair Commissioner Commissioner
BOARD OF MASON COUNTY COMMISSIONERS' BRIEFING MINUTES
Mason County Commission Chambers,411 North 5th Street,Shelton,WA
Week of September 20,2021
Monday, September 20,2021
9:00 A.M. Support Services—Frank Pinter
Commissioners Neatherlin,Shutty and Trask were in attendance via Zoom.
• Diane Zoren asked if the Commission would like to continue to have Briefings every
Monday and Commission meetings every other Tuesday. Approved to move
forward with that schedule until the end of the year.
• Diane shared that Alison Voss sent in an application for the Lewis-Mason-Thurston
Area Agency on Aging Advisory Council. Commission asked to set up an interview.
• Frank discussed paying 10%Lead Pay to Nichole Wilston,Carl"Bud"Olson,and
Tammi Wright until management positions are created and filled. Approved to move
forward.
• Frank shared the January 2021-December 2023 Collective Bargaining Agreement for
Teamsters Union Local No.252 representing Mason County's Juvenile Detention
Unit and Probation Unit. Approved to move forward.
• Frank asked to place a vacancy for the Housing Authority Board news release since
Gary Endo resigned from a term that expires June 2023. Approved to move forward.
• Nichole Wilston shared a Resolution to amend Resolution#73-03 to change the
County agent dedicated to receive claims for damages from Clerk of the Board to
Claims Manager. Approved to move forward.
• Jennifer Beierle proposed a solution for the$5k Veterans contract to help the poor
and infirm that was not voted on in June 2021. Instead of doing another Request for
Proposals,this could be added to the American Rescue Plan Act(ARPA)funds
which would need to be encumbered by 2024. $5k for the northern end of Mason
County and$5k for southern end of Mason County. Crossroads Housing will handle
disbursement.
• Frank shared the Mason County Safety Memoranda detailing the specificity of
County requirements for masking. This contract has gone through legal and will be
sent to all staff.
9:15 A.M. Public Works—Loretta Swanson
Utilities&Waste Management
Commissioners Neatherlin, Shutty and Trask were in attendance via Zoom.
• Loretta would like to set up a Public Hearing for a Franchise Agreement Application
for the Orchard Beach Community Group Water System. Approved to move
forward.
• Loretta shared a request to approve the purchase for two pumps for the Lakeland
Village North Bay water reclamation facility. There was a catastrophic pump failure
at the Lakeland lift station. Included are three quotes for replacement pumps.
Richard Dickinson recommends replacing both bumps with the same type of pump
and electrical. The other pump at the lift station is about 4 years old with about 1
year of life left. This may qualify to use ARPA funds due to infrastructure.
Approved to move forward.
• Loretta shared a Public Hearing will be set for the Boyer Road speed limit.
• Loretta gave a status report and overview of the recent heavy rainfall. The biggest
impact was at the Olympic Ridge project in Belfair where debris left the site and
entered the storm system. Another affected site was the Cedarland project in Allyn.
A forest practices site above State Route 106 was also monitored.
9:30 A.M. Community Services—Dave Windom
Commissioners Neatherlin,Shutty and Trask were in attendance via Zoom.
• Lydia Buchheit asked to opt in to the new contracts from Commerce for Eviction
Rent Assistance Program(ERAP 2.0)to support people with rental assistance.
Approved to move forward.
• Lydia shared that the Quixote Communities would like to extend their contract an
additional year due to construction costs and delays. Approved to move forward.
• Kell Rowen gave an update on the Planned Action Environmental Impact Statement
(EIS)for Belfair. Consultants did additional work on transportation and water
issues. A supplemental draft EIS will be put together September 27,2021 and will
be published and available on the website a week after. The draft will be returned to
Consultants October 4,2021. The Planning Advisory Commission will receive the
draft the week of October 11,2021 for their October 18,2021 meeting. There will
be a 30-day comment period which will run through November 12,2021. November
15,2021 is the preliminary final EIS staff review. The final EIS will be published
the week of December 6,2021. Commission will need to act 7 days or later from the
date the final EIS was published. Effective date can be once adopted or a later date.
• Marissa Watson requested clarification on the wording for the new Hiawatha LLC
rezone. Approved to move forward with the wording"commercial access".
10:30 A.M. Executive Session—RCW 42.30.110(1)(g)County Administrator Interviews
Commissioners Neatherlin, Shutty,and Trask met in Executive Session via Zoom
from 10:30 a.m.to 1:30 p.m.for County Administrator interviews. Also attending
was Frank Pinter,Diane Zoren,Steve Worthington,Barry Gaskins,and Sonja
Prothman.
3:00 P.M. Support Services—Frank Pinter
Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom
• Frank shared the Mason County Housing Authority rental and rental subsidy
arrearages request for up to$129,757. Currently past due rent is hindering their
ability to pay mortgages,insurance,auditors,and service providers. Through the
Department of Commerce,the County can use ARPA to grant the funds to assist
"nonprofits impacted by COVID because of the need to keep those services available
in the community". For the Eviction Rental Assistance Program,tenants have to ask
for assistance,landlords are unable to. This would allow the Housing Authority to
cover rent of tenants who choose not to ask for assistance. The Housing Authority is
three months behind on Housing and Urban Development(HUD)payments and has
been given 72 hours'notice to cover past due mortgage payment,Thursday,
September 23,2021 before 5:00 p.m. Funds can be given as arrears or as a grant.
Arrears would require documentation on a tenant-by-tenant basis and would be best
to go through an agency such as Crossroads. Commission would like more
information before moving forward.
The meeting adjourned at 3:30 p.m.
Respectfully submitted,
McKenzie Smith,Clerk of the Board
BOARD OF MASON COUNTY COMMISSIONERS
Randy Neatherlin Sharon Trask Kevin Shutty
Chair Commissioner Commissioner
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Ginger Kenyon Action Agenda _X_
Public Hearing
Other
DEPARTMENT: Support Services EXT: 380
DATE: October 26, 2021 Agenda Item # �3. 1
(Commissioner staff to complete)
BRIEFING DATE:
BRIEFING PRESENTED BY:
[X] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency
ITEM:
Approval of Warrants &Treasure Electronic Remittances
Claims Clearing Fund Warrant # 8083648-8084001 $ 1,915,315.22
Direct Deposit Fund Warrant # 8148-81740 $ 748,335.99
Salary Clearing Fund Warrant #7006199-7006233 $ 999,012.55
Treasurer Electronic Remittance $
Background: The Board approved Resolution No. 80-00 Payment of Claims Against County:
Procedure Authorizing Warrant Issue and Release Prior to Board Claim Approval. Mason
County Code 3.32.060(a) requires that the board enter into the minutes of the County
Commissioners the approval of claims listing warrant numbers.
Claims Clearing YTD Total $ 32,829,399.42
Direct Deposit YTD Total $ 14,556,439.13
Salary Clearing YTD Total $ 14,676,098.80
Approval of Treasure Electronic Remittances YTD Total $ 15,955,491.02
RECOMMENDED ACTION:
Approval to: Move to approve the following warrants
Claims Clearing Fund Warrant# 8083648-8084001 $ 1,915,316.22
Direct Deposit Fund Warrant # 81348-81740 $ 748,335.99
Salary Clearing Fund Warrant # 7006199-7006233 $ 999,012.55
Treasurer Electronic Remittance $
Attachment(s): Originals on file with Auditor/Financial Services (Copies on file
with Clerk of the Board)
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Jennifer Beierle Action Agenda x
Public Hearing
Other
DEPARTMENT: Support Services EXT: 532
COMMISSION MEETING DATE: October 26, 2021 Agenda Item # ;,2
(Commissioner staff to complete)
BRIEFING DATE: October 18, 2021
BRIEFING PRESENTED BY: Jennifer Beierle
[ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency
ITEM: Approval to set a public hearing on Tuesday, November 23, 2021 at 9:15 a.m.
to Certify to the County Assessor the amount of taxes levied for County purposes and
the amount of taxes levied for Current Expense and Road for 2022. An increase to the
Current Expense and Road property tax levies for 2022 may be considered.
BACKGROUND: Pursuant to RCW 84.52.070, the Commissioners must certify to the
County Assessor the amount of taxes levied for county purposes and for each taxing
district by adoption of a resolution by November 30.
RECOMMENDED ACTION: Approval to set a public hearing on Tuesday, November
23, 2021 at 9:15 a.m. to Certify to the County Assessor the amount of taxes levied for
county purposes and the amount of taxes levied for Current Expense and Road for
2022. An increase to the Current Expense and Road property tax levies for 2022 may
be considered.
J:\Budget Adoption Info\2022\2022 Budget Briefing,Agenda,&Public Hearing Items\Agenda Cover 10.26.21-set
hearing for Nov 23 -certify levies.doc
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Jennifer Beierle Action Agenda x
Public Hearing
Other
DEPARTMENT: Support Services EXT: 532
COMMISSION MEETING DATE: October 26, 2021 Agenda Item # �3.3
Commissioner staff to complete)
BRIEFING DATE: October 18, 2021
BRIEFING PRESENTED BY: Jennifer Beierle
[ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency
ITEM: Approval to set a public hearing on Monday, December 6, 2021 at 9:00 a.m. to
consider adoption of the 2022 budget for Mason County. Copies of the 2022
preliminary budget will be available to the public on November 22, 2021.
BACKGROUND: RCW 36.40.060 requires the Board of County Commissioners to hold
a public hearing on the 2022 Preliminary Budget to allow taxpayers to "appear and be
heard for or against any part of the budget." The public hearing also allows county
departments to publicly testify if they so desire.
Pursuant to RCW 36.40.071 and Resolution No. 111-85, this hearing is to be held on
the first Monday in December.
Copies of the 2022 Preliminary Budget will be available to the public on November 22,
2021 and available on the county's website — www.co.mason.wa.us.
A balanced budget must be adopted by December 31.
RECOMMENDED ACTION: Approval to set a public hearing on Monday, December
6, 2021 at 9:00 a.m. to consider adoption of the 2022 budget for Mason County.
Copies of the 2022 preliminary budget will be available to the public on November 22,
2021.
10/19/2021
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Alex Paysse Action Agenda x
Public Hearing
Other
DEPARTMENT: Community Services, EH EXT: 279
DATE: 10/26/2021 Agenda Item # 8.4
Commissioner staff to complete)
BRIEFING DATE: 10/18/2021
BRIEFING PRESENTED BY: Alex Paysse
[ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency
ITEM: Clean Water District Advisory Committee Applications
Background:
An advertisement for the 3 vacant citizen positions was posted on 9/28. Mason
County received applications from Teri King and Glenn Landram to serve on the Clean
Water District Advisory Committee. Both applicants reside within the district
boundaries. Previous briefing the BOCC approved utilizing the 2- and 3-year term
positions for these applicants. See also Resolution 21-52.
Budget Impacts:
NA
RECOMMENDED ACTION:
Appointment of Teri King for the 3-year citizen term AND Glenn Landram for the 2-
year citizen term on the CWD Advisory Committee.
Attachment(s):
Applications (x2)
[P ril Cc'CMMRS Neatherlin, Shutty, Trask
1`� �f� � Clerk Oa/Jr'
�k1854
MASON COUNTY COMMISSIONERS
0 C T l 1 2021 411 NORTH FIFTH STREET
SHELTON WA 98584
Mason County Fax 360-427-8437; Voice 360-427-9670, Ext. 419;275-4467 or482-5269
Cor�tr(issioners
I AM SEEKING APPOINTMENT TO Mason County Clean Water District
NAME:Teri King
ADDRESS: PHONE:
CITY/ZIP: VOTING PRECINCT: WORK PHONE:
(OR AREA IN THE COUNTY YOU LIVE) E-MAIL:
-------------------------------------------------------------------------------------------
COMMUNITY SERVICE EMPLOYMENT: (IF RETIRED. PREVIOUS EXPERIENCE)
(ACTIVITIES OR MEMBERSHIPS) COMPANY: Washington Sea Grant 30 yRS
S_-knnkum Rotary luh
DKG Washington State Organization POSITION: Marine Water Quality Specialist
Mason County Master Gardeners COMPANY: YRS
WW Girl Scouts
POSITION:
--------------------------------------------------------------------------------------------
In your words, what do you perceive is the role or purpose of the Board, Committee or Council for which you are applying:
The role of the Committee is to provide advice to the Board of County Commissioners regarding
the use of the CWD funds to recover downgraded shellfish beds and to protect those that are in an
approved status. I have served on numerous CWD advisory boards for MC over the last 25 years
as well as the Puget Sound Partnership's Ecosystem Coordination Buaid (10 yeam) iepesentifig
l4eed CAna1
What interests,skills do you wish to offer the Board, Committee,or Council?
As a 30 year MC resident working ng_ n marine water quality 1 have good knowledge
growing areas, their challenges and opportunities for improvement. I am active in our community
and am able to bring people, issues and science together to actively solve problems.
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)
tierce that I rzan thinly of at this time
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?
Quarterly X Monthly Weekly Daly
Office Use Only
10/8/21 Appointment Date
Signature Date
Term Expire Date
Cc:CMMRS Neatherlin, Shutty, Trask
�., Clerk .A. poySee. ivoe t_t e.
°o°N� R E I4 Y MASON COUNTY COMMISSIONERS
411 NORTH FIFTH STREET
S�{' 3 z�2� SHELTON WA 98584
Mason County Fax 360-427-8437; Voke 360-427-9670, Ext. 499,275.4467 or482-5269
Commissioners
I AM SEEKING APPOINTMENT TO Mason County Clean Water District
NAME: Glenn Landram
ADDRESS:
CITY/ZIP. VQTINQ RECINC]'; WORK PHONE:
(OR AREA IN THE COUNTY You LIVE) -E MAIL;
COMMUNITY SERVICE EMPLOYMENT' (IF RETIRED PREVIOUS EXPERIENCE),
CTIVITIES OR MEMBERSHIPS) --
Belfair/Hood A anal Sewer Advisory COMPANY USAF 20 Years YRS
Committee 999-2000
S TIO : LTCol--Operations Research Analyst
'President ot-th-670 connection Water SysteffF
2010-Present COMPANY: The Evergreen State College-- 16yrs YrS
North Mason School Board -2003-2007 POSITION: Faculty--Finance, Economics and Statistic f
--------------------------------------------------------------------------------------------
In your words, what do you perceive Is the role or purpose of the Board, Committee or Council for which you are applying;
To provide a resident's perspective, and advice,to the commissioners regarding our clean water district.
What interests, skills do you wish to offer the Board, Committee,or Council?
I've experience with government having worked as an analyst for Gov Locke for 6 years between my time in the
USAF and teaching at Evergreen. I live on Hood Canal and have swam in those waters for the past 60 years and
04GE)t frentage an Hoed Ganal.
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)
I raise clams commercially on my beach. I am retired and have no other known affiliation that might provide a conflict
of interest. If one did come up l would recuse myself.
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?
Quarterly 4 Monthly Weekly Daily Office Use Only
- - --- 9_27_2021 Appointment Dnte
Sign re
Date
Term Expire Date
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Michael MacSems Action Agenda _X_
Public Hearing
Other
DEPARTMENT: DCD EXT: 571
DATE: 10/26/21 Agenda Item # c-2).15
Commissioner staff to complete)
BRIEFING DATE: 10/18/2021
BRIEFING PRESENTED BY: Michael MacSems
[ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency: Per Direction of Diane Zorn
ITEM: Appoint Jann Goodpaster to refill her soon to be expiring term on the Mason
County Historic Preservation Commission, with a new term expiring on November 30,
2024.
EXECUTIVE SUMMARY: (If applicable, please include available options
and potential solutions): The Mason County Historic Preservation Commission
is a seven (7) member commission which serves to identify and actively
encourage the conservation of Mason County's historic resources.
Ms Goodpaster is reapplying for a second term on the MCHPC. No other applications
have been received. The BOCC interviewed Ms Goodpaster in December 2020.
BUDGET IMPACTS: None
RECOMMENDED OR REQUESTED ACTION:
To reappoint Ms Goodpaster to a second term on the MCHPC at the October 26tn
meeting for a term ending November 30, 2024.
ATTACHMENTS:
Applications from Jann Goodpaster and the 2021 HPC roster.
Cc:CMMRS Neatherlin, Shutty, Trask
Clerk
N .MacSer�ns
�ee14 °pa i s I �i `lr° MASON COUNTY COMMISSIONERS
t "_ 411 NORTH FIFTH STREET
SHELTON WA 98584
J u N C Fax 360-427-8437; Voice 360-427-9670, Ert.419;275-4467 or 482-5269
`S4 (rMason CDUnty
I AM SEEKING APPOINTME&HMm RL0060unty Historic Preservation Advisory Committee
NAME: Jann Goodpaster
ADDRESS: PHONE:
CITY/ZIP: VOTING PRECINCT: WORK PHONE:
COUNTYHoodCanal E-MAIL
(OR AREA IN THE YOU LIVE)
-------------------------------------------------------------------------------------------
COMMUNITY SERVICE EMPLOYMENT: (IF RETIRED.PREVIOUS EXPERIENCE)
ACT Mason Co Histori c
I s OR MEMBERSHIPS
Vice Chair of�he Ma ) COMPANY: Risk&Regulatory Consultants 10 YRS
Preservation Advisory Committees; President
of the Mason County Historic Society and POSITION: Director of Market Regulations
volunteer membership coordinator.
COMPANY: State of Oregon, Ins Division YRS
POSITION: Market Enforcement Manager
-------------------------------------------------------------------------------------------
In your words,what do you perceive is the role or purpose of the Board,Committee or Council for which you are applying:
To identify historic sites and place of interests and preserve them for future residents of Mason County. Educate and
inform the public of Mason oun s History. Work in concert with other agencies to enhance tourism that may impact
omy-
What interests,skills do you wish to offer the Board,Committee,or Council?
I have 4+year of Mason County based historical training through my affiiation with various organization. Excellent
networking skills. Executive level experience in private and public management. A B.A. in History from the University
of Washin plete the-Open RtIla IWe kg&4ket-a,;d Pubps Resera�FQiniR .
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)
None
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?
��- Quarterly ` nthly 4 Weekly Daily
1 Office Use Only
/ �� Appointment Date
Sig atPre (?ate
Term Expire Date
2021 Mason County Historic Preservation Commission
Membership List
Jann Goodpaster Vice Chair Nov 2021
Micah Sanders Nov 2024
Vacant Nov 2022
Vacant Nov 2022
David Dally Nov 2022
Edgar Huber Chair,Professional Expertise Nov 2023
Wayne Nicholson Nov 2023
Rhonda Foster Ex-Officio Member
Kris Miller Ex-Officio Member
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Patricia Grover, Mason County Noxious Action Agenda _X
Weed Control Board Public Hearing
Other
DEPARTMENT: WSU Extension-Mason County EXT: 592
Noxious Weed Control Board
COMMISSION MEETING DATE: October 26, 2021 Agenda Item # e'_).U
Commissioner staff to complete)
BRIEFING DATE: N/A
BRIEFING PRESENTED BY:
[ X ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency: Routine Business
ITEM:
1. Contract #K3176, Amendment NO. 1, between Washington State Department of
Agriculture and Mason County Noxious Weed Control Board to extend the
timeframe for the County to carry out the remaining work on this contract. This
agreement amendment shall begin upon execution, and end on December 31,
2022.
2. Contract #K3177, Amendment NO. 1, between Washington State Department of
Agriculture and Mason County Noxious Weed Control Board to extend the
timeframe for the County to carry out the remaining work on this contract. This
agreement amendment shall begin upon execution, and end on December 31,
2022.
Background: The contract amendment will extend the performance period until
December 31, 2022.
Budget Impacts: An estimated $4,000 to the 2022 Noxious Weed Control Budget to
revenue and expenditures.
RECOMMENDED ACTION: Recommend that the board approves and signs Contract
Amendments NO. 1 #K3176 and #K3177 between Washington State Department of
Agriculture and Mason County Noxious Weed Control Board.
Attachment(s): Contract #K3176, Amendment NO. 1
Contract #K3177, Amendment NO. 1
10/19/2021
K3176-1
INTERAGENCY AGREEMENT
Amendment NO. 1
CONTRACT NO. K3176
BETWEEN
WASHINGTON STATE DEPARTMENT OF AGRICULTURE
AND
MASON COUNTY
AND ITS AGENT
MASON COUNTY NOXIOUS WEED CONTROL BOARD
This agreement and any subsequent modifications is made and entered into by and
between the Washington State Department of Agriculture (hereinafter called "AGR"), and Mason
County and its agent, Mason County Noxious Weed Control Board, hereinafter referred to as
"County."
PURPOSE
The purpose of this agreement amendment is to extend the timeframe for the County to carry
out the remaining work on this contract.
In consideration of the terms and conditions contained herein, the parties agree as follows:
TERMS AND CONDTIONS
All terms and conditions of the original agreement remain unchanged.
PERIOD OF PERFORMANCE
This agreement amendment shall begin upon execution, and end on December 31, 2022, and
unless terminated sooner or extended by AGR as provided herein.
COMPENSATION
Compensation remains unchanged at an amount not to exceed $5,000.
AGREEMENT MANAGEMENT
The Agreement 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.
IN WITNESS WHEREOF, the parties have executed this Agreement.
Mason County WA State Department of Agriculture
(Signature) (Date) (Signature) (Date)
(Print Name) (Print Name)
(Title) (Title)
K3177-1
INTERAGENCY AGREEMENT
Amendment NO. 1
CONTRACT NO. K3177
BETWEEN
WASHINGTON STATE DEPARTMENT OF AGRICULTURE
AND
MASON COUNTY
AND ITS AGENT
MASON COUNTY NOXIOUS WEED CONTROL BOARD
This agreement and any subsequent modifications is made and entered into by and
between the Washington State Department of Agriculture (hereinafter called "AGR"), and Mason
County and its agent, Mason County Noxious Weed Control Board, hereinafter referred to as
"County."
PURPOSE
The purpose of this agreement amendment is to extend the timeframe for the County to carry
out the remaining work on this contract.
In consideration of the terms and conditions contained herein, the parties agree as follows:
TERMS AND CONDTIONS
All terms and conditions of the original agreement remain unchanged.
PERIOD OF PERFORMANCE
This agreement amendment shall begin upon execution, and end on December 31, 2022, and
unless terminated sooner or extended by AGR as provided herein.
COMPENSATION
Compensation remains unchanged at an amount not to exceed $5,000.
AGREEMENT MANAGEMENT
The Agreement 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.
IN WITNESS WHEREOF, the parties have executed this Agreement.
Mason County WA State Department of Agriculture
(Signature) (Date) (Signature) (Date)
(Print Name) (Print Name)
(Title) (Title)
Attachment A
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Tammi Wright Action Agenda _X_
Public Hearing
Other
DEPARTMENT: Emergency Management EXT: 800
COMMISSION MEETING DATE: October 19, 2021 Agenda Item #
(Commissioner staff to complete)
BRIEFING DATE: October 11, 2021
BRIEFING PRESENTED BY: Tammi Wright
[] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency:
ITEM:
State Homeland Security Program (SHSP) FY-21 Grant Contract # E22-098 for $17,176
from Washington State Military Department (EMD) and US Department of Homeland
Security. Performance period is from 09/01/2021 to 01/31/2023.
BACKGROUND:
The Mason County Emergency Management Division is part of Homeland Security
Region 3 (Mason, Lewis, Thurston, Grays Harbor and Pacific Counties). This is an
annual grant received from the US Department of Homeland Security pass-through
Washington State Military Department (EMD) and then to the Homeland Security
Regions. At our Regional level, the funding distribution formula involving a base
amount and population. Mason County has received the yearly SHSP Grant since 2003.
The funding for this grant has decreased by $3,265. This year's grant amount is
$17,176 (2020- $20,441). The grant fund will provide for secondary power for up to
three fire stations to become areas for medical and disaster supply distribution and
operational communications (radios) for the Mason County Special Operations Rescue
Team (SORT).
BUDGET IMPACTS:
Increase 2021 budget revenue for Emergency Management and spending authority for
the grant amount $17,176.
RECOMMENDED ACTION:
Recommend accepting the SHSP FY-21 grant contract # E22-098 and allow the
Emergency Management Coordinator/Lead to sign the contract for Mason County to
receive the funding. Chief Deputy Prosecuting Attorney has approved the contract to
form.
ATTACHMENT(S):
\\Dem\dem\DEMCommon\Grant Information\HSGP-SHSP\SHSP 202 1\Contract\Commission Agenda
Item Summary Template 11-19-2021.doc
Attachment A
Excerpts from Homeland Security Grant Agreement #E22-098.
\\Dem\dem\DEMCommon\Grant Information\HSGP-SHSP\SHSP 2021\Contract\Commission Agenda
Item Summary Template 11-19-2021.doc
Washington State Military Department
HOMELAND SECURITY GRANT PROGRAM AGREEMENT FACE SHEET
1. Subrecipient Name and Address: 2. Grant Agreement Amount: 3. Grant Agreement Number:
County of Mason $17,176 E22-098
Emergency Management
100 West Public Works Drive,Building 1
Shelton,WA 98584-9714
4. Subrecipient Contact, phone/email: 5. Grant Agreement Start Date: 6. Grant Agreement End Date:
Tammi Wright,360-427-9670 ext 800 September 1, 2021 January 31,2023
TammiW@co.mason.wa.us
7. Department Contact, phone/email: 8. Data Universal Numbering System (DUNS): 9. UBI#(state revenue):
John Hollingsworth,253-512-7044 069580751 232-002-101
'john.hollingsworth@mil.wa.gov
10. Funding Authority:
Washington State Military Department(the Department)and the U.S. Department of Homeland Security (DHS)
11. Federal Funding Identification#: 12. Federal Award Date: 13. Assistance Listings#(formerly CFDA)#&Title:
EMW-2021-SS-00083-S01 9/2/2021 1 97.067-21HSGP(SHSP
14. Total Federal Award Amount: 15. Program Index#&OBJ/SUB-OBJ: 16. EIN
$14,284,938.00 713SB,713SC,713SH,713SL,713SQ,713SZ/NZ 1 91-6001354
17. Service Districts: 18. Service Area by County(ies): 19. Women/Minority-Owned, State
BY LEGISLATIVE DISTRICTS: 35 Mason Certified: M N/A ❑ NO
BY CONGRESSIONAL DISTRICTS: 6 ❑ YES, OMWBE#
20. Agreement Classification 21. Contract Type(check all that apply):
❑ Personal Services ❑ Client Services ® Public/Local Gov't ❑ Contract ® Grant ® Agreement
❑ Research/Development ❑ A/E ❑ Other ❑ Intergovernmental(RCW 39.34) ❑ Interagency
22. Subrecipient Selection Process: 23. Subrecipient Type(check all that apply)
® "To all who apply&qualify" ❑ Competitive Bidding ❑ Private Organization/Individual ❑ For-Profit
❑ Sole Source ❑ A/E RCW ❑ N/A ® Public Organization/Jurisdiction ❑ Non-Profit
❑ Filed w/OFM? ❑ Advertised? ❑ YES ❑ NO ❑ CONTRACTOR ® SUBRECIPIENT ❑ OTHER
24. PURPOSE&DESCRIPTION:
The objective of the Federal Fiscal Year(FFY)2021 Homeland Security Grant Program(21HSGP)is to fund state,local,tribal,and territorial
efforts to prevent terrorism and prepare the nation for threats and hazards that pose the greatest risk to the security of the United States.
21HSGP provides funding to implement investments that build,sustain,and deliver the core capabilities essential to achieving the National
Preparedness Goal of a secure and resilient nation.21 HSGP supports core capabilities across the five mission areas of prevention,protection,
mitigation, response,and recovery based on allowable costs. HSGP is comprised of three interconnected grant programs:State Homeland
Security Program(SHSP),Urban Areas Security Initiative(UASI),and Operation Stonegarden(OPSG).Together,these grant programs fund a
range of preparedness activities, including planning, organization, equipment purchase, training, exercises, and management and
administration.
The Department is the Recipient and Pass-through Entity of the 21 HSGP DHS Award Letter for Grant No.EMW-2021-SS-00083S01,which is
incorporated in and attached hereto as Attachment C and has made a subaward of funds to the Subrecipient pursuant to this Agreement.The
Subrecipient is accountable to the Department for use of Federal award funds provided under this Agreement
IN WITNESS WHEREOF, the Department and Subrecipient acknowledge and accept the terms of this Agreement, including all referenced attachments
which are hereby incorporated, and have executed this Agreement as of the date below. This Agreement Face Sheet; Special Terms & Conditions
(Attachment A); General Terms and Conditions (Attachment B); DHS Award Letter (Attachment C), Work Plan (Attachments D-1, D-2, D-3), Budget
(Attachment E),Timeline(Attachment F);and all other documents and attachments expressly referenced and incorporated herein contain all the terms and
conditions agreed upon by the parties and govern the rights and obligations of the parties to this Agreement. 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.
In the event of an inconsistency in this Agreement,unless otherwise provided herein,the inconsistency shall be resolved by giving precedence in the following
order:
1. Applicable federal and state statutes and regulations 4.Special Terms and Conditions
2. DHS/FEMA Award and program documents 5.General Terms and Conditions,and,
3. Work Plan,Timeline,and Budget 6.Other provisions of the Agreement incorporated by reference.
WHEREAS,the parties have executed this Agreement on the day and year last specified below.
FOR THE DEPARTMENT: FOR THE SUBRECIPIENT:
Signature Date Signature Date
Regan Anne Hesse, Chief Financial Officer Randy Neatherlin, Chair
Washington State Military Department Mason County Board of Commissioners
BOILERPLATE APPROVED TO FORM: APPROVED AS TO FORM (if applicable):
David B. Merchant,Assistant Attorney General(9/7/2021)
Applicant's Legal Review Date
DHS-FEMA-HSGP-SHSP-FY21 Page 1 of 41 County of Mason, E22-098
Attachment A
SPECIAL TERMS AND CONDITIONS
ARTICLE I. KEY PERSONNEL
The individuals listed below shall be considered key personnel for point of contact under this Agreement. Any
substitution of key personnel by either party shall be made by written notification to the current key personnel.
SUBRECIPIENT DEPARTMENT
Name Tammi Wright Name John Hollingsworth
Title Sr. DEM Coordinator Title Program Coordinator
Email Tamm!W@masoncountywa.gov Email john.hollingsworth@mil.wa.gov
Phone 360-427-9670 Ext. 800 Phone 253-512-7044
Name Diane Zoren Name Reagan Bush
Title Central Services Manager Title Program Manager
Email dlz@co.mason.wa.us Email reagan.bush@_mil.wa.gov
Phone 1 360-427-9670 ext. 747 Phone 1 253-512-7463
Name Name Courtney Bemus
Title Title Program Assistant
Email Email courtney.bemus@_mil.wa.gov
Phone Phone 253-316-6438
ARTICLE II. ADMINISTRATIVE AND/OR FINANCIAL REQUIREMENTS
The Subrecipient shall comply with all applicable state and federal laws, rules, regulations, requirements and
program guidance identified or referenced in this Agreement and the informational documents published by
DHS/FEMA applicable to the 21 HSGP Program, including, but not limited to, all criteria, restrictions, and
requirements of "The Department of Homeland Security (DHS) Notice of Funding Opportunity (NOFO) Fiscal
Year 2021 Homeland Security Grant Program" (hereafter "the NOFO") document, the FEMA Preparedness
Grants Manual document, Version 2, published February 2021 (hereafter"the Manual"), the DHS Award Letter
for Grant No. EMW-2021-SS-00083-S01, and the federal regulations commonly applicable to DHS/FEMA grants,
all of which are incorporated herein by reference. The DHS Award Letter is incorporated in this Agreement as
Attachment C.
The Subrecipient acknowledges that since this Agreement involves federal award funding, the period of
performance may begin prior to the availability of appropriated federal funds. The Subrecipient agrees that it will
not hold the Department, the State of Washington, or the United States liable for any damages, claim for
reimbursement, or any type of payment whatsoever for services performed under this Agreement prior to
distribution of appropriated federal funds, or if federal funds are not appropriated or in a particular amount.
A. STATE AND FEDERAL REQUIREMENTS FOR DHS/FEMA PREPAREDNESS GRANTS:
The following requirements apply to all DHS/FEMA Preparedness Grants administered by the Department.
1. SUBAWARDS & CONTRACTS BY SUBRECIPIENTS
a. If the Subrecipient also becomes a pass-through entity by making a subaward to a non-federal
entity as its subrecipient,the Subrecipient must make a case-by-case determination whether each
agreement it makes for the disbursement of 21 HSGP funds received under this Agreement casts
the party receiving the funds in the role of a subrecipient or contractor in accordance with 2 CFR
200.330.
i. The Subrecipient must comply with all federal laws and regulations applicable to pass-
through entities of 21 HSGP funds, including, but not limited to, those contained in 2 CFR
200.
ii. The Subrecipient shall require its subrecipient(s) to comply with all applicable state and
federal laws, rules, regulations, requirements and program guidance identified or referenced
in this Agreement and the informational documents published by DHS/FEMA applicable to
the 21 HSGP Program, including, but not limited to, all criteria, restrictions, and requirements
of the NOFO , the Manual, the DHS Award Letter for Grant No. EMW-2021-SS-00083-S01
in Attachment C, and the federal regulations commonly applicable to DHS/FEMA grants.
DHS-FEMA-HSGP-SHSP-FY21 Page 2 of 41 County of Mason, E22-098
iii. The Subrecipient shall be responsible to the Department for ensuring that all 21 HSGP
federal award funds provided to its subrecipients are used in accordance with applicable
federal and state statutes and regulations, and the terms and conditions of the federal award
set forth in Attachment C of this Agreement.
2. BUDGET, REIMBURSEMENT, AND TIMELINE
a. Within the total Grant Agreement Amount, travel, subcontracts, salaries, benefits, printing,
equipment, and other goods and services or other budget categories will be reimbursed on an
actual cost basis upon completion unless otherwise provided in this Agreement.
b. The maximum amount of all reimbursement requests permitted to be submitted under this
Agreement, including the final reimbursement request, is limited to and shall not exceed the total
Grant Agreement Amount.
C. If the Subrecipient chooses to include indirect costs within the Budget (Attachment E),
additional documentation is required based on the applicable situation. As described in 2
CFR 200.414 and Appendix VII to 2 CFR 200:
i. If the Subrecipient receives direct funding from any Federal agency(ies),
documentation of the rate must be submitted to the Department Key Personnel
per the following:
A. More than $35 million, the approved indirect cost rate agreement
negotiated with its federal cognizant agency.
B. Less than $35 million, the indirect cost proposal developed in accordance
with Appendix VII of 2 CFR 200 requirements.
ii. If the Subrecipient does not receive direct federal funds (i.e., only receives funds
as a subrecipient), the Subrecipient must either elect to charge a de minimus
rate of ten percent (10%) or 10% of modified total direct costs or choose to
negotiate a higher rate with the Department. If the latter is preferred, the
Subrecipient must contact Department Key Personnel for approval steps.
d. For travel costs, the Subrecipient shall comply with 2 CFR 200.475 and should consult their
internal policies, state rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing
or amended, and federal maximum rates set forth at httos://www.gsa.gov, and follow the most
restrictive. If travel costs exceed set state or federal limits, travel costs shall not be reimbursed
without prior written approval by Department Key Personnel.
e. Reimbursement requests will include a properly completed State A-19 Invoice Form and
Reimbursement Spreadsheet (in the format provided by the Department) detailing the
expenditures for which reimbursement is sought. Reimbursement requests must be submitted to
Reimbursements(D-mil.wa.gov no later than the due dates listed within the Timeline
(Attachment F).
Reimbursement request totals should be commensurate to the time spent processing by the
Subrecipient and the Department.
f. Receipts and/or backup documentation for any approved items that are authorized under this
Agreement must be maintained by the Subrecipient consistent with record retention requirements
of this Agreement and be made available upon request by the Department, and federal, state,
and local auditors.
g. The Subrecipient must request prior written approval from Department Key Personnel to waive
or extend a due date in the Timeline (Attachment F). For waived or extended reimbursements, all
allowable costs should be submitted on the next scheduled reimbursement due date contained in
the Timeline. Waiving or missing deadlines serves as an indicator for assessing an agency's level
of risk of noncompliance with the regulations, requirements, and the terms and conditions of the
Agreement and may increase required monitoring activities. Any request for a waiver or extension
of a due date in the Timeline will be treated as a request for Amendment of the Agreement. This
request must be submitted to the Department Key Personnel sufficiently in advance of the due
DHS-FEMA-HSGP-SHSP-FY21 Page 3 of 41 County of Mason, E22-098
date to provide adequate time for Department review and consideration and may be granted or
denied within the Department's sole discretion.
h. All work under this Agreement must end on or before the Grant Agreement End Date, and the
final reimbursement request must be submitted to the Department within forty-five (45) days after
the Grant Agreement End Date, except as otherwise authorized by either(1)written amendment
of this Agreement or (2) written notification from the Department to the Subrecipient to provide
additional time for completion of the Subrecipient's subproject(s).
i. No costs for purchases of equipment/supplies will be reimbursed until the related
equipment/supplies have been received by the Subrecipient, its contractor, or any non-federal
entity to which the Subrecipient makes a subaward and is invoiced by the vendor.
j. Failure to submit timely, accurate, and complete reports and reimbursement requests as required
by this Agreement (including, but not limited to, those reports in the Timeline [Attachment Q will
prohibit the Subrecipient from being reimbursed until such reports are submitted and the
Department has had reasonable time to conduct its review.
k. Final reimbursement requests will not be approved for payment until the Subrecipient is current
with all reporting requirements contained in this Agreement.
I. For SHSP and UASI Subrecipients, a written amendment will be required if the Subrecipient
expects cumulative transfers among subproject totals, as identified in the Budget(Attachment E),
to exceed ten percent (10%) of the Grant Agreement Amount. If a Subrecipient has only one
subproject, cumulative transfers among solution areas within the subproject that exceed ten
percent (10%) of the Grant Agreement Amount shall require an amendment to this Agreement.
m. For OPSG Subrecipients, any deviations from the approved, direct budget categories will require
additional federal approvals and a written amendment.
n. Subrecipients shall only use federal award funds under this Agreement to supplement existing
funds and will not use them to replace (supplant) non-federal funds that have been budgeted for
the same purpose. The Subrecipient may be required to demonstrate and document that the
reduction in non-federal resources occurred for reasons other than the receipt or expected receipt
of federal funds.
3. REPORTING
a. With each reimbursement request, the Subrecipient shall report how the expenditures, for which
reimbursement is sought, relate to the Work Plan (Attachments D-1, D-2, D-3), activities in the
format provided by the Department.
b. With the final reimbursement request, the Subrecipient shall submit to the Department Key
Personnel a final report describing all completed activities under this Agreement.
c. The Subrecipient shall comply with the Federal Funding Accountability and Transparency Act
(FFATA) and related OMB Guidance consistent with Public Law 109-282 as amended by section
6202(a) of Public Law 110-252 (see 31 U.S.C. 6101 note) and complete and return to the
Department an Audit Certification/FFATA Form. This form is required to be completed once per
calendar year, per Subrecipient, and not per agreement. The Department's Contracts Office will
request the Subrecipient submit an updated form at the beginning of each calendar year in which
the Subrecipient has an active agreement.
d. SHSP Subrecipients shall participate in the State's annual Stakeholder Preparedness Review
(SPR), the State's Threat and Hazard Identification and Risk Assessment (THIRA), core
capabilities assessments, and data calls. Non-participation may result in withholding of funding
under future grant years.
e. UASI Subrecipients shall participate in the annual UASI SPR and THIRA process.
4. EQUIPMENT AND SUPPLY MANAGEMENT
a. The Subrecipient and any non-federal entity to which the Subrecipient makes a subaward shall
comply with 2 CFR 200.317 through 200.327 when procuring any equipment or supplies under
DHS-FEMA-HSGP-SHSP-FY21 Page 4 of 41 County of Mason, E22-098
this Agreement, 2 CFR 200.313 for management of equipment, and 2 CFR 200.314 for
management of supplies, to include, but not limited to:
i. Upon successful completion of the terms of this Agreement, all equipment and supplies
purchased through this Agreement will be owned by the Subrecipient, or a recognized non-
federal entity to which the Subrecipient has made a subaward, for which a contract,
subrecipient grant agreement, or other means of legal transfer of ownership is in place.
ii. All equipment, and supplies as applicable, purchased under this Agreement will be recorded
and maintained in the Subrecipient's inventory system.
iii. Inventory system records shall include:
A. Description of the property;
B. Manufacturer's serial number, model number, or other identification number;
C. Funding source for the property, including the Federal Award Identification Number
(FAIN);
D. Assistance Listings Number(formerly CFDA number);
E. Who holds the title;
F. Acquisition date;
G. Cost of the property and the percentage of federal participation in the cost;
H. Location, use and condition of the property at the date the information was reported;
I. Disposition data including the date of disposal and sale price of the property.
iv. The Subrecipient shall take a physical inventory of the equipment, and supplies as
applicable, and reconcile the results with the property records at least once every two years.
Any differences between quantities determined by the physical inspection and those shown
in the records shall be investigated by the Subrecipient to determine the cause of the
difference. The Subrecipient shall, in connection with the inventory, verify the existence,
current utilization, and continued need for the equipment.
V. The Subrecipient shall be responsible for any and all operational and maintenance
expenses and for the safe operation of their equipment and supplies including all questions
of liability. The Subrecipient shall develop appropriate maintenance schedules and
procedures to ensure the equipment, and supplies as applicable, are well-maintained and
kept in good operating condition.
vi. The Subrecipient shall develop a control system to ensure adequate safeguards to prevent
loss, damage, and theft of the property. Any loss, damage, or theft shall be investigated,
and a report generated and sent to the Department's Key Personnel.
vii. The Subrecipient must obtain and maintain all necessary certifications and licenses for the
equipment.
viii. If the Subrecipient is authorized or required to sell the property, proper sales procedures
must be established and followed to ensure the highest possible return. For disposition, if
upon termination or at the Grant Agreement End Date, when original or replacement
supplies or equipment acquired under a federal award are no longer needed for the original
project or program or for other activities currently or previously supported by a federal
awarding agency, the Subrecipient must comply with the following procedures:
A. For Supplies: If there is a residual inventory of unused supplies exceeding $5,000 in
total aggregate value upon termination or completion of the project or program and the
supplies are not needed for any other federal award, the Subrecipient must retain the
supplies for use on other activities or sell them, but must, in either case, compensate
the federal government for its share. The amount of compensation must be computed
in the same manner as for equipment.
DHS-FEMA-HSGP-SHSP-FY21 Page 5 of 41 County of Mason, E22-098
B. For Equipment:
1) Items with a current per-unit fair-market value of five thousand dollars ($5,000) or
less may be retained, sold, transferred, or otherwise disposed of with no further
obligation to the federal awarding agency.
2) Items with a current per-unit fair-market value in excess of five thousand dollars
($5,000) may be retained or sold. The Subrecipient shall compensate the federal
awarding agency in accordance with the requirements of 2 CFR 200.313 (e) (2).
ix. Records for equipment shall be retained by the Subrecipient for a period of six (6) years
from the date of the disposition, replacement, or transfer. If any litigation, claim, or audit is
started before the expiration of the six- (6-) year period, the records shall be retained by the
Subrecipient until all litigation, claims, or audit findings involving the records have been
resolved.
b. The Subrecipient shall comply with the Department's Purchase Review Process, which is
incorporated by reference and made part of this Agreement. No reimbursement will be provided
unless the appropriate approval has been received.
c. Allowable categories for HSGP are listed on the Authorized Equipment List (AEL) located on the
FEMA website at https://www.fema.gov/qrants/guidance-tools/authorized-equipment-list. It is
important that the Subrecipient and any non-federal entity to which the Subrecipient makes a
subaward regard the AEL as an authorized purchasing list identifying items allowed under the
specific grant program and includes items that may not be categorized as equipment according
to the federal, state, local, and tribal definitions of equipment. The Subrecipient is solely
responsible for ensuring and documenting purchased items under this Agreement are authorized
as allowed items by the AEL at time of purchase.
If the item is not identified on the AEL as allowable under HSGP, the Subrecipient must contact
the Department Key Personnel for assistance in seeking FEMA approval prior to acquisition.
d. Unless expressly provided otherwise, all equipment must meet all mandatory regulatory and/or
DHS/FEMA adopted standards to be eligible for purchase using federal award funds.
e. If funding is allocated to emergency communications, the Subrecipient must ensure that all
projects comply with SAFECOM Guidance on Emergency Communications Grants ensuring the
investments are compatible, interoperable, resilient, and support national goals and objectives for
improving emergency communications.
f. Effective August 13, 2020, FEMA recipients and subrecipients, as well as their contractors and
subcontractors, may not obligate or expend any FEMA award funds to:
i. Procure or obtain any equipment, system, or service that uses covered telecommunications
equipment or services as a substantial or essential component of any system, or as critical
technology of any system;
ii. Enter into, extend, or renew a contract to procure or obtain any equipment, system, or
service that uses covered telecommunications equipment or services as a substantial or
essential component of any system, or as critical technology of any system; or
iii. Enter into, extend, or renew contracts with entities that use covered telecommunications
equipment or services as a substantial or essential component of any system, or as critical
technology as part of any system.
This prohibition regarding certain telecommunications and video surveillance services or
equipment is mandated by section 889 of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 115-232(2018). Recipients and subrecipients
may use DHS/FEMA grant funding to procure replacement equipment and services impacted by
this prohibition, provided the costs are otherwise consistent with the requirements of the Manual
and applicable NOFO.
Per section 889(f)(2)-(3)of the FY 2019 NDAA, and 2 CFR 200.216, covered telecommunications
equipment or services means:
DHS-FEMA-HSGP-SHSP-FY21 Page 6 of 41 County of Mason, E22-098
i. Telecommunications equipment produced by Huawei Technologies Company or ZTE
Corporation, (or any subsidiary or affiliate of such entities);
ii. For the purpose of public safety, security of government facilities, physical security
surveillance of critical infrastructure, and other national security purposes, video
surveillance and telecommunications equipment produced by Hytera Communications
Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology
Company (or any subsidiary or affiliate of such entities);
iii. Telecommunications or video surveillance services provided by such entities or using such
equipment; or
iv. Telecommunications or video surveillance equipment or services produced or provided by
an entity that the Secretary of Defense, in consultation with the Director of National
Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to
be an entity owned or controlled by, or otherwise connected to, the government of a
covered foreign country.
g. For OPSG Subrecipients, items budgeted as equipment in an approved Operations Order must
follow all associated equipment regulations in the 2 CFR 200.313 and must be marked
prominently with "Purchased with DHS funds for Operation Stonegarden Use" when practicable.
h. The Subrecipient must pass through equipment and supply management requirements that meet
or exceed the requirements outlined above to any non-federal entity to which the Subrecipient
makes a subaward of federal award funds under this Agreement.
5. ENVIRONMENTAL AND HISTORICAL PRESERVATION
a. The Subrecipient shall ensure full compliance with the DHS/FEMA Environmental Planning and
Historic Preservation (EHP) Program. EHP program information can be found at
https://www.fema.gov/qrants/guidance-tools/environmental-historic all of which are incorporated
in and made a part of this Agreement.
b. Projects that have historical impacts or the potential to impact the environment, including, but not
limited to, construction of communication towers; modification or renovation of existing buildings,
structures, and facilities; or new construction, including replacement of facilities, must participate
in the DHS/FEMA EHP review process prior to project initiation. Modification of existing buildings,
including minimally invasive improvements such as attaching monitors to interior walls, and
training or exercises occurring outside in areas not considered previously disturbed also require
a DHS/FEMA EHP review before project initiation.
c. The EHP review process involves the submission of a detailed project description that includes
the entire scope of work, including any alternatives that may be under consideration, along with
supporting documentation so FEMA may determine whether the proposed project has the
potential to impact environmental resources and/or historic properties.
d. The Subrecipient agrees that, to receive any federal preparedness funding, all EHP compliance
requirements outlined in applicable guidance must be met. The EHP review process must be
completed and FEMA approval received by the Subrecipient before any work is started for
which reimbursement will be later requested. Expenditures for projects started before completion
of the EHP review process and receipt of approval by the Subrecipient may not be reimbursed.
6. PROCUREMENT
a. The Subrecipient shall comply with all procurement requirements of 2 CFR 200.317 through
200.327 and as specified in the General Terms and Conditions, Attachment B, A.10.
b. For all sole source contracts expected to exceed $250,000, the Subrecipient must submit to the
Department for pre-procurement review and approval the procurement documents, such as
requests for proposals, invitations for bids and independent cost estimates.This requirement must
be passed on to any non-federal entity to which the Subrecipient makes a subaward, at which
point the Subrecipient will be responsible for reviewing and approving sole source justifications of
any non-federal entity to which the Subrecipient makes a subaward.
DHS-FEMA-HSGP-SHSP-FY21 Page 7 of 41 County of Mason, E22-098
7. SUBRECIPIENT MONITORING
a. The Department will monitor the activities of the Subrecipient from award to closeout. The goal of
the Department's monitoring activities will be to ensure that agencies receiving federal pass-
through funds are in compliance with this Agreement, federal and state audit requirements,
federal grant guidance, and applicable federal and state financial regulations, as well as 2 CFR
Part 200 Subpart F.
b. To document compliance with 2 CFR Part 200 Subpart F requirements, the Subrecipient shall
complete and return to the Department an Audit Certification/FFATA form. This form is required
to be completed once per calendar year, per Subrecipient, and not per agreement. The
Department's Contracts Office will request the Subrecipient submit an updated form at the
beginning of each calendar year in which the Subrecipient has an active agreement.
c. Monitoring activities may include, but are not limited to:
i. Review of financial and performance reports;
ii. Monitoring and documenting the completion of Agreement deliverables;
iii. Documentation of phone calls, meetings (e.g., agendas, sign-in sheets, meeting minutes), e-
mails, and correspondence;
iv. Review of reimbursement requests and supporting documentation to ensure allowability and
consistency with Agreement Work Plan (Attachments D-1, D-2, D-3), Budget (Attachment E),
and federal requirements;
v. Observation and documentation of Agreement-related activities, such as exercises, training,
events, and equipment demonstrations; and
vi. On-site visits to review equipment records and inventories, to verify source documentation for
reimbursement requests and performance reports, and to verify completion of deliverables.
d. The Subrecipient is required to meet or exceed the monitoring activities, as outlined above, for
any non-federal entity to which the Subrecipient makes a subaward as a pass-through entity
under this Agreement.
e. Compliance will be monitored throughout the performance period to assess risk. Concerns will be
addressed through a corrective action plan.
8. LIMITED ENGLISH PROFICIENCY (CIVIL RIGHTS ACT OF 1964 TITLE VI)
The Subrecipient must comply with the Title VI of the Civil Rights Act of 1964 (Title VI) prohibition
against discrimination on the basis of national origin, which requires that Subrecipients of federal
financial assistance take reasonable steps to provide meaningful access to persons with limited
English proficiency (LEP) to their programs and services. Providing meaningful access for persons
with LEP may entail providing language assistance services, including oral interpretation and written
translation. Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency (August 11, 2000), requires federal agencies to issue guidance to recipients, assisting
such organizations and entities in understanding their language access obligations. DHS published
the required recipient guidance in April 2011, DHS Guidance to Federal Financial Assistance
Recipients Regarding Title VI Prohibition against National Origin Discrimination Affecting Limited
English Proficient Persons, 76 Fed. Reg. 21755-21768, (April 18, 2011). The Guidance provides
helpful information such as how a recipient can determine the extent of its obligation to provide
language services, selecting language services, and elements of an effective plan on language
assistance for LEP persons. For additional assistance and information regarding language access
obligations, please refer to the DHS Recipient Guidance at https://www.dhs.gov/quidance-i)ublished-
help-department-supported-organizations-provide-meaningful-access-people-limited and additional
resources on https://www.lep.gov.
9. NIMS COMPLIANCE
a. The National Incident Management System (NIMS) identifies concepts and principles that answer
how to manage emergencies from preparedness to recovery regardless of their cause, size,
location, or complexity. NIMS provides a consistent, nationwide approach and vocabulary for
DHS-FEMA-HSGP-SHSP-FY21 Page 8 of 41 County of Mason, E22-098
multiple agencies or jurisdictions to work together to build, sustain, and deliver the core
capabilities needed to achieve a secure and resilient nation.
b. Consistent implementation of NIMS provides a solid foundation across jurisdictions and
disciplines to ensure effective and integrated preparedness, planning, and response. NIMS
empowers the components of the National Preparedness System, a requirement of Presidential
Policy Directive 8, to guide activities within the public and private sector and describes the
planning, organizational activities, equipping, training, and exercising needed to build and sustain
the core capabilities in support of the National Preparedness Goal.
c. In order to receive FY 2021 federal preparedness funding, to include 21 HSGP, the Subrecipient
will ensure all NIMS objectives have been initiated and/or are in progress toward completion.
NIMS Implementation Objectives are located at https://www.fema.gov/sites/default/files/2020-
07/fema nims implementation-objectives-20180530.pdf.
B. HSGP SPECIFIC REQUIREMENTS
1. The Subrecipient must use HSGP funds only to perform tasks as described in the Work Plan
(Attachments D-1, D-2, D-3), as approved by the Department, and in compliance with this Agreement.
a. SHSP-funded projects must assist state, local, tribal, and territorial efforts to build, sustain, and
deliver the capabilities necessary to prevent, prepare for, protect against, and respond to acts of
terrorism.
b. UASI-funded projects must assist high-threat, high-density Urban Area efforts to build, sustain,
and deliver the capabilities necessary to prevent, prepare for, protect against, and respond to acts
of terrorism.
c. OPSG-funded projects must support enhanced cooperation and coordination among Customs
and Border Protection, United States Border Patrol, and federal, state, local, tribal, and territorial
law enforcement agencies to support joint efforts to secure the United States' borders along
routes of ingress/egress to and from international borders, to include travel corridors in states
bordering Mexico and Canada, as well as states and territories with international water borders.
State, local, tribal, and territorial law enforcement agencies utilize their inherent law enforcement
authorities to support the border security mission and do not receive any additional authority as a
result of participation in OPSG.
d. State agencies, including law enforcement, must comply with RCW 43.17.425 and may not use
agency funds (including this grant), facilities, property, equipment, or personnel, to investigate,
enforce, cooperate with, or assist in the investigation or enforcement of any federal registration
or surveillance programs or any other laws, rules, or policies that target Washington residents
solely on the basis of race, religion, immigration, or citizenship status, or national or ethnic origin,
except as provided in RCW 43.17.425 (3).
2. The Budget (Attachment E) may include the following caps and thresholds:
a. If funds are allotted for Management and Administration (M&A), such expenditures must be
related to administration of the grant. The maximum percentage of the Grant Agreement Amount
that may be used for M&A costs when allocated under this Agreement shall not exceed five
percent (5%) but may be less.
b. At least twenty-five percent(25%) of the combined HSGP award allocated under SHSP and UASI
must be dedicated to law enforcement terrorism prevention activities (LETPA). To meet this
requirement, the Subrecipient has agreed, at a minimum, to meet the LETPA percentage
indicated in the Budget. If the Subrecipient anticipates spending less than the indicated amount,
a budget amendment is required.
c. The maximum percentage of the Grant Agreement Amount that may be used for personnel
expenses under this Agreement is identified in the Budget. If the Subrecipient anticipates
spending more on personnel costs, an amendment is required. Additional approval steps may
also be required before the personnel percentage can be increased.
3. If funding is allocated to a Fusion Center investment, the Subrecipient must ensure all Fusion Center
analytical personnel demonstrate qualifications that meet or exceed competencies identified in the
DHS-FEMA-HSGP-SHSP-FY21 Page 9 of 41 County of Mason, E22-098
Common Competencies for state, local, and tribal Intelligence Analysts, which outlines the minimum
categories of training needed for intelligence analysts. All training to ensure baseline proficiency in
intelligence analysis and production must be completed within six (6) months of hiring unless the
analyst has previously served as an intelligence analyst for a minimum of two (2) years. Proof of
satisfaction of this requirement must be accessible to the Department Key Personnel as applicable.
4. If funding is allocated to non-DHS FEMA training,the Subrecipient must request prior written approval
from the Department Key Personnel before attending the training. The Department will coordinate
approval with the State Training Point of Contact. If funding is allocated to non-DHS FEMA training,
the Subrecipient must request prior written approval from the Department Key Personnel prior to
attending training. The Department will coordinate approval with the State Training Point of Contact.
Pursuant to DHS/FEMA Grant Programs Directorate Information Bulletin No. 432, Review and
Approval Requirements for Training Courses Funded Through Preparedness Grants,
https://www.fema.gov/sites/default/files/2020-
04/Training Course Review and Approval IB Final 7 19 18.0 , the training must fall within the
FEMA mission scope and be included in the Subrecipient's Emergency Operations Plan. This
requirement only applies to training courses and does not include attendance at conferences.
Furthermore, additional federal approvals are required for courses that relate to Countering Violent
Extremism prior to attendance.
5. For SHSP and UASI, Subrecipients are required to complete the annual Nationwide Cybersecurity
Review (NCSR) https://www.cisecurity.org/ms-isac/services/ncsr to benchmark and measure
progress of improvement in their cybersecurity posture.
6. In support of efforts to enhance capabilities for detecting, deterring, disrupting, and preventing acts
of terrorism and other catastrophic events, operational overtime costs are allowable for increased
protective security measures at critical infrastructure sites or other high-risk locations and to enhance
public safety during mass gatherings and high-profile events. However, except for an elevated
National Terrorism Advisory System alert, prior written approval is required before SHSP and UASI
funds may be used for operational overtime. Requests must be submitted to the Department Key
Personnel in advance of the expenditure to ensure all additional approval steps can be met.
7. Subrecipients should document their preparedness priorities and use them to deploy a schedule of
preparedness events in a multi-year Integrated Preparedness Plan (IPP). Subrecipients are
encouraged to participate in the State's annual Integrated Preparedness Planning Workshop (IPPW)
or may conduct their own local/regional IPPW. Information related to IPPs and Integrated
Preparedness Planning Workshops (IPPWs) can be found on the HSEEP website at
https://www.fema.gov/HSEEP and https://Preptoolkit.fema.gov/.
C. DHS TERMS AND CONDITIONS
As a subrecipient of 21 HSGP program funding, the Subrecipient shall comply with all applicable DHS
terms and conditions of the 21 HSGP Award Letter and its incorporated documents for DHS Grant No.
EMW-2021-SS-00083-S01, which are incorporated in and made a part of this Agreement as Attachment
C.
DHS-FEMA-HSGP-SHSP-FY21 Page 10 of 41 County of Mason, E22-098
Attachment B
Washington State Military Department
GENERAL TERMS AND CONDITIONS
Department of Homeland Security (DHS)/
Federal Emergency Management Agency (FEMA)
Grants
A.1 DEFINITIONS
As used throughout this Agreement, the terms will have the same meaning as defined in 2 CFR 200
Subpart A (which is incorporated herein by reference), except as otherwise set forth below:
a. "Agreement" means this Grant Agreement.
b. "Department" means the Washington Military Department, as a state agency, any division,
section, office, unit or other entity of the Department, or any of the officers or other officials lawfully
representing that Department. The Department is a recipient of a federal award directly from a
federal awarding agency and is the pass-through entity making a subaward to a Subrecipient
under this Agreement.
C. "Investment" means the grant application submitted by the Subrecipient describing the project(s)
for which federal funding is sought and provided under this this Agreement. Such grant application
is hereby incorporated into this Agreement by reference.
d. "Monitoring Activities" means all administrative, financial, or other review activities that are
conducted to ensure compliance with all state and federal laws, rules, regulations, authorities and
policies.
e. "Stakeholders Preparedness Report(SPR)" The SPR is an annual three-step self-assessment
of a community's capability levels based on the capability targets identified in the THIRA.
f. "Subrecipient" when capitalized is primarily used throughout this Agreement in reference to the
non-federal entity identified on the Face Sheet of this Agreement that has received a subaward
from the Department. However, the definition of"Subrecipient" is the same as in 2 CFR 200.93
for all other purposes.
g. "Threat and Hazard Identification and Risk Assessment(THIRA)" The THIRA is a three-step
risk assessment. The THIRA helps communities understand their risks and determine the level of
capability they need in order to address those risks. The outputs from this process lay the
foundation for determining a community's capability gaps during the SPR process.
A.2 ADVANCE PAYMENTS PROHIBITED
The Department shall make no payments in advance or in anticipation of goods or services to be provided
under this Agreement. Subrecipient shall not invoice the Department in advance of delivery and invoicing
of such goods or services.
A.3 AMENDMENTS AND MODIFICATIONS
The Subrecipient or the Department may request, in writing, an amendment or modification of this
Agreement. However, such amendment or modification shall not be binding, take effect or be
incorporated herein until made in writing and signed by the authorized representatives of the Department
and the Subrecipient. No other understandings or agreements, written or oral, shall be binding on the
parties.
The Agreement performance period shall only be extended by (1) written notification of DHS/FEMA
approval of the Award performance period, followed up with a mutually agreed written amendment, or(2)
written notification from the Department to the Subrecipient to provide additional time for completion of
the Subrecipient's project(s).
AA AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, 42 U.S.C. 12101 ET
SEQ. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED TO AS THE "ADA" 28 CFR Part
35.
The Subrecipient must comply with the ADA, which provides comprehensive civil rights protection to
individuals with disabilities in the areas of employment, public accommodations, state and local
government services, and telecommunication.
DHS-FEMA-HSGP-SHSP-FY21 Page 11 of 41 County of Mason, E22-098
A.5 ASSURANCES
The Department and Subrecipient agree that all activity pursuant to this Agreement will be in accordance
with all the applicable current federal, state and local laws, rules, and regulations.
A.6 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY
As federal funds are a basis for this Agreement, the Subrecipient certifies that the Subrecipient is not
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participating in this Agreement by any federal department or agency.
The Subrecipient shall complete, sign, and return a Certification Regarding Debarment, Suspension,
Ineligibility, and Voluntary Exclusion form located at http://mil.wa.gov/emergency-management-
division/grants/reguiredgrantforms.Any such form completed by the Subrecipient for this Agreement shall
be incorporated into this Agreement by reference.
Further, the Subrecipient agrees to comply with all applicable federal regulations concerning the federal
debarment and suspension system, including 2 CFR Part 180.The Subrecipient certifies that it will ensure
that potential contractors or subrecipients or any of their principals are not debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in "covered
transactions" by any federal department or agency. "Covered transactions" include procurement
contracts for goods or services awarded under a non-procurement transaction (e.g., grant or cooperative
agreement) that are expected to equal or exceed $25,000, and subawards to Subrecipients for any
amount. With respect to covered transactions, the Subrecipient may comply with this provision by
obtaining a certification statement from the potential contractor or subrecipient or by checking the System
for Award Management(https://sam..qov/SAM/) maintained by the federal government. The Subrecipient
also agrees not to enter into any arrangements or contracts with any party on the Washington State
Department of Labor and Industries' "Debarred Contractor List'
(https://secure.Ini.wa.qov/debarandstrike/ContractorDebarList.aspx). The Subrecipient also agrees not
to enter into any agreements or contracts for the purchase of goods and services with any party on the
Department of Enterprise Services' "Debarred Vendor List"
(http://www.des.wa.gov/services/ContractingPurchasinq/Business/Pa.gesNendor-Debarment.aspx).
A.7 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING
As required by 44 CFR Part 18, the Subrecipient hereby certifies that to the best of its knowledge and
belief: (1) no federally appropriated funds have been paid or will be paid by or on behalf of the
Subrecipient to any person for influencing or attempting to influence an officer or employee of an agency,
a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with the awarding of any federal contract, the making of any federal grant, the making of
any federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement; (2)
that if any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this
Agreement, grant, loan, or cooperative agreement, the Subrecipient will complete and submit Standard
Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; (3) and that, as
applicable, the Subrecipient will require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements)and that all Subrecipients shall certify and disclose accordingly. This
certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into and is a prerequisite for making or entering into this transaction imposed by section
1352, title 31, U.S. Code.
A.8 COMPLIANCE WITH APPLICABLE STATUTES, RULES AND DEPARTMENT POLICIES
The Subrecipient and all its contractors and subrecipients shall comply with, and the Department is not
responsible for determining compliance with, any and all applicable federal, state, and local laws,
regulations, executive orders, OMB Circulars, and/or policies. This obligation includes, but is not limited
to: nondiscrimination laws and/or policies, Energy Policy and Conservation Act(PL 94-163, as amended),
the Americans with Disabilities Act (ADA), Age Discrimination Act of 1975, Title VI of the Civil Rights Act
of 1964, Civil Rights Act of 1968, the Robert T. Stafford Disaster Relief and Emergency Assistance Act,
(PL 93-288, as amended), Ethics in Public Service (RCW 42.52), Covenant Against Contingent Fees (48
CFR Section 52.203-5), Public Records Act (RCW 42.56), Prevailing Wages on Public Works (RCW
DHS-FEMA-HSGP-SHSP-FY21 Page 12 of 41 County of Mason, E22-098
39.12), State Environmental Policy Act(RCW 43.21 C), Shoreline Management Act of 1971 (RCW 90.58),
State Building Code (RCW 19.27), Energy Related Building Standards (RCW 19.27A), Provisions in
Buildings for Aged and Handicapped Persons (RCW 70.92), and safety and health regulations.
In the event of noncompliance or refusal to comply with any applicable law, regulation, executive order,
OMB Circular or policy by the Subrecipient, its contractors or subrecipients, the Department may rescind,
cancel, or terminate the Agreement in whole or in part in its sole discretion. The Subrecipient is
responsible for all costs or liability arising from its failure, and that of its contractors and subrecipients, to
comply with applicable laws, regulations, executive orders, OMB Circulars or policies.
A.9 CONFLICT OF INTEREST
No officer or employee of the Department; no member, officer, or employee of the Subrecipient or its
designees or agents; no member of the governing body of the jurisdiction in which the project is
undertaken or located; and no other official of the Subrecipient who exercises any functions or
responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary
gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be
performed in connection with the project assisted under this Agreement.
The Subrecipient shall incorporate, or cause to incorporate, in all such contracts or subawards, a
provision prohibiting such interest pursuant to this provision.
A.10 CONTRACTING & PROCUREMENT
a. The Subrecipient shall use a competitive procurement process in the procurement and award of
any contracts with contractors or subcontractors that are entered into under the original
agreement award. The procurement process followed shall be in accordance with 2 CFR Part
200.317 General procurement standards through 200.327 Contract provisions.
As required by Appendix II to 2 CFR Part 200, all contracts entered into by the Subrecipient under
this Agreement must include the following provisions, as applicable:
1) Contracts for more than the simplified acquisition threshold currently set at $250,000, which
is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and
the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908,
must address administrative, contractual, or legal remedies in instances where contractors
violate or breach contract terms, and provide for such sanctions and penalties as appropriate.
2) All contracts in excess of$10,000 must address termination for cause and for convenience
by the non-federal entity including the manner by which it will be affected and the basis for
settlement.
3) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all
contracts that meet the definition of"federally assisted construction contract" in 41 CFR Part
60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in
accordance with Executive Order 11246, "Equal Employment Opportunity' (30 FR 12319,
12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375,
"Amending Executive Order 11246 Relating to Equal Employment Opportunity," and
implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor."
4) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program
legislation, all prime construction contracts in excess of $2,000 awarded by non-federal
entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-
3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part
5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and
Assisted Construction"). In accordance with the statute, contractors must be required to pay
wages to laborers and mechanics at a rate not less than the prevailing wages specified in a
wage determination made by the Secretary of Labor. In addition, contractors must be
required to pay wages not less than once a week. The non-federal entity must place a copy
of the current prevailing wage determination issued by the Department of Labor in each
solicitation. The decision to award a contract or subcontract must be conditioned upon the
acceptance of the wage determination. The non-federal entity must report all suspected or
reported violations to the federal awarding agency. The contracts must also include a
provision for compliance with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as
DHS-FEMA-HSGP-SHSP-FY21 Page 13 of 41 County of Mason, E22-098
supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and
Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or
Grants from the United States"). The Act provides that each contractor or Subrecipient must
be prohibited from inducing, by any means, any person employed in the construction,
completion, or repair of public work, to give up any part of the compensation to which he or
she is otherwise entitled. The non-federal entity must report all suspected or reported
violations to the federal awarding agency.
5) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable,
all contracts awarded by the non-federal entity in excess of $100,000 that involve the
employment of mechanics or laborers must include a provision for compliance with 40 U.S.C.
3702 and 3704, as supplemented by Department of Labor regulations(29 CFR Part 5). Under
40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every
mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of
the standard work week is permissible provided that the worker is compensated at a rate of
not less than one and a half times the basic rate of pay for all hours worked in excess of 40
hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction
work and provide that no laborer or mechanic must be required to work in surroundings or
under working conditions which are unsanitary, hazardous or dangerous. These
requirements do not apply to the purchases of supplies or materials or articles ordinarily
available on the open market, or contracts for transportation or transmission of intelligence.
6) Rights to Inventions Made Under a Contract or Agreement. If the federal award meets the
definition of"funding agreement' under 37 CFR §401.2 (a) and the recipient or Subrecipient
wishes to enter into a contract with a small business firm or nonprofit organization regarding
the substitution of parties, assignment or performance of experimental, developmental, or
research work under that "funding agreement," the recipient or Subrecipient must comply
with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and
Cooperative Agreements,"and any implementing regulations issued by the awarding agency.
7) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of
$150,000 must contain a provision that requires the non-federal award to agree to comply
with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42
U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C.
1251-1387). Violations must be reported to the federal awarding agency and the Regional
Office of the Environmental Protection Agency (EPA).
8) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2
CFR 180.220) must not be made to parties listed on the government-wide exclusions in the
System for Award Management(SAM), in accordance with the OMB guidelines at 2 CFR 180
that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR
part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the
names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties
declared ineligible under statutory or regulatory authority other than Executive Order 12549.
9) Byrd Anti-Lobbying Amendment(31 U.S.C. 1352)—Contractors that apply or bid for an award
exceeding $100,000 must file the required certification. Each tier certifies to the tier above
that it will not and has not used federal appropriated funds to pay any person or organization
for influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any federal contract, grant or any other award covered by 31
U.S.C. 1352. Each tier must also disclose any lobbying with non-federal funds that takes
place in connection with obtaining any federal award. Such disclosures are forwarded from
tier to tier up to the non-federal award.
10) Procurement of recovered materials -- As required by 2 CFR 200.322, a non-federal entity
that is a state agency or agency of a political subdivision of a state and its contractors must
comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act. The requirements of Section 6002 include procuring only
DHS-FEMA-HSGP-SHSP-FY21 Page 14 of 41 County of Mason, E22-098
items designated in guidelines of the Environmental Protection Agency(EPA) at 40 CFR part
247 that contain the highest percentage of recovered materials practicable, consistent with
maintaining a satisfactory level of competition, where the purchase price of the item exceeds
$10,000 or the value of the quantity acquired during the preceding fiscal year exceeded
$10,000; procuring solid waste management services in a manner that maximizes energy
and resource recovery; and establishing an affirmative procurement program for
procurement of recovered materials identified in the EPA guidelines.
11) Notice of federal awarding agency requirements and regulations pertaining to reporting.
12) Federal awarding agency requirements and regulations pertaining to copyrights and rights in
data.
13) Access by the Department, the Subrecipient, the federal awarding agency, the Comptroller
General of the United States, or any of their duly authorized representatives to any books,
documents, papers, and records of the contractor which are directly pertinent to that specific
contract for the purpose of making audit, examination, excerpts, and transcriptions.
14) Retention of all required records for six years after the Subrecipient has made final payments
and all other pending matters are closed.
15) Mandatory standards and policies relating to energy efficiency which are contained in the
state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (Pub. L. 94-163, 89 Stat. 871).
16) Pursuant to Executive Order 13858 "Strengthening Buy-American Preferences for
Infrastructure Projects," and as appropriate and to the extent consistent with law, the non-
Federal entity should, to the greatest extent practicable under a Federal award, provide a
preference for the purchase, acquisition, or use of goods, products, or materials produced in
the United States, as required in 2 CFR Part 200.322, in every contract, subcontract,
purchase order, or sub-award that is chargeable against federal financial assistance awards.
17) Per 2 C.F.R. § 200.216, prohibitions regarding certain telecommunications and video
surveillance services or equipment are mandated by section 889 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 115-
232 (2018).
b. The Department reserves the right to review the Subrecipient's procurement plans and
documents and require the Subrecipient to make changes to bring its plans and documents into
compliance with the requirements of 2 CFR Part 200.318 through 200.326. The Subrecipient
must ensure that its procurement process requires contractors and subcontractors to provide
adequate documentation with sufficient detail to support the costs of the project and to allow both
the Subrecipient and Department to make a determination on eligibility of project costs.
C. All contracting agreements entered into pursuant to this Agreement shall incorporate this
Agreement by reference.
A.11 DISCLOSURE
The use or disclosure by any party of any information concerning the Department for any purpose not
directly connected with the administration of the Department's or the Subrecipient's responsibilities with
respect to services provided under this Agreement is prohibited except by prior written consent of the
Department or as required to comply with the state Public Records Act, other law or court order.
A.12 DISPUTES
Except as otherwise provided in this Agreement, when a bona fide dispute arises between the parties
and it cannot be resolved through discussion and negotiation, either party may request a dispute
resolution panel to resolve the dispute. A request for a dispute resolution board shall be in writing, state
the disputed issues, state the relative positions of the parties, and be sent to all parties. The panel shall
consist of a representative appointed by the Department, a representative appointed by the Subrecipient
and a third party mutually agreed upon by both parties. The panel shall, by majority vote, resolve the
dispute. Each party shall bear the cost for its panel member and its attorney fees and costs and share
equally the cost of the third panel member.
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A.13 LEGAL RELATIONS
It is understood and agreed that this Agreement is solely for the benefit of the parties to the Agreement
and gives no right to any other party. No joint venture or partnership is formed as a result of this
Agreement.
To the extent allowed by law, the Subrecipient, its successors or assigns, will protect, save and hold
harmless the Department, the state of Washington, and the United States Government and their
authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature
whatsoever by reason of the acts or omissions of the Subrecipient, its subcontractors, subrecipients,
assigns, agents, contractors, consultants, licensees, invitees, employees or any person whomsoever
arising out of or in connection with any acts or activities authorized by this Agreement.
To the extent allowed by law, the Subrecipient further agrees to defend the Department and the state of
Washington and their authorized agents and employees in any litigation; including payment of any costs
or attorneys' fees for any claims or action commenced thereon arising out of or in connection with acts
or activities authorized by this Agreement.
This obligation shall not include such claims, costs, damages or expenses which may be caused by the
sole negligence of the Department; provided, that if the claims or damages are caused by or result from
the concurrent negligence of(1) the Department, and (2) the Subrecipient, its agents, or employees, this
indemnity provision shall be valid and enforceable only to the extent of the negligence of the Subrecipient,
or the Subrecipient's agents or employees.
Insofar as the funding source, FEMA, is an agency of the Federal government, the following shall apply:
44 CFR 206.9 Non-liability. The Federal government shall not be liable for any claim based upon the
exercise or performance of, or the failure to exercise or perform a discretionary function or duty on the
part of a federal agency or an employee of the Federal government in carrying out the provisions of the
Stafford Act.
A.14 LIMITATION OF AUTHORITY—AUTHORIZED SIGNATURE
The signatories to this Agreement represent that they have the authority to bind their respective
organizations to this Agreement. Only the Department's Authorized Signature representative and the
Authorized Signature representative of the Subrecipient or Alternate for the Subrecipient, formally
designated in writing, shall have the express, implied, or apparent authority to alter, amend, modify, or
waive any clause or condition of this Agreement. Any alteration, amendment, modification, or waiver of
any clause or condition of this Agreement is not effective or binding unless made in writing and signed
by both parties' Authorized Signature representatives, except as provided for time extensions in Article
A.3.
Further, only the Authorized Signature representative or Alternate for the Subrecipient shall have
signature authority to sign reimbursement requests, time extension requests, amendment and
modification requests, requests for changes to projects or work plans, and other requests, certifications
and documents authorized by or required under this Agreement.
A.15 LOSS OR REDUCTION OF FUNDING
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 or end date, the Department
may unilaterally reduce the work plan and budget or unilaterally terminate all or part of the Agreement as
a "Termination for Cause" without providing the Subrecipient an opportunity to cure. Alternatively, the
parties may renegotiate the terms of this Agreement under "Amendments and Modifications" to comply
with new funding limitations and conditions, although the Department has no obligation to do so.
A.16 NONASSIGNABILITY
Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by
the Subrecipient.
A.17 NONDISCRIMINATION
The Subrecipient shall comply with all applicable federal and state non-discrimination laws, regulations,
and policies. No person shall, on the grounds of age, race, creed, color, sex, sexual orientation, religion,
national origin, marital status, honorably discharged veteran or military status, or disability (physical,
mental, or sensory) be denied the benefits of, or otherwise be subjected to discrimination under any
project, program, or activity, funded, in whole or in part, under this Agreement.
DHS-FEMA-HSGP-SHSP-FY21 Page 16 of 41 County of Mason, E22-098
A.18 NOTICES
The Subrecipient shall comply with all public notices or notices to individuals required by applicable local,
state and federal laws and regulations and shall maintain a record of this compliance.
A.19 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/HEALTH ACT
(OSHA/WISHA)
The Subrecipient represents and warrants that its workplace does now or will meet all applicable federal
and state safety and health regulations that are in effect during the Subrecipient's performance under this
Agreement. To the extent allowed by law,the Subrecipient further agrees to indemnify and hold harmless
the Department and its employees and agents from all liability, damages and costs of any nature,
including, but not limited to, costs of suits and attorneys' fees assessed against the Department, as a
result of the failure of the Subrecipient to so comply.
A.20 OWNERSHIP OF PROJECT/CAPITAL FACILITIES
The Department makes no claim to any capital facilities or real property improved or constructed with
funds under this Agreement, and by this subaward of funds does not and will not acquire any ownership
interest or title to such property of the Subrecipient. The Subrecipient shall assume all liabilities and
responsibilities arising from the ownership and operation of the project and agrees to indemnify and hold
the Department, the state of Washington, and the United States government harmless from any and all
causes of action arising from the ownership and operation of the project.
A.21 POLITICAL ACTIVITY
No portion of the funds provided herein shall be used for any partisan political activity or to further the
election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue.
A.22 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The assistance provided under this Agreement shall not be used in payment of any bonus or commission
for the purpose of obtaining approval of the application for such assistance or any other approval or
concurrence under this Agreement provided, however, that reasonable fees or bona fide technical
consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if
otherwise eligible as project costs.
A.23 PUBLICITY
The Subrecipient agrees to submit to the Department prior to issuance all advertising and publicity
matters relating to this Agreement wherein the Department's name is mentioned, or language used from
which the connection of the Department's name may, in the Department's judgment, be inferred or
implied. The Subrecipient agrees not to publish or use such advertising and publicity matters without the
prior written consent of the Department. The Subrecipient may copyright original work it develops in the
course of or under this Agreement; however, pursuant to 2 CFR Part 200.315, FEMA reserves a royalty-
free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize
others to use the work for government purposes.
Publication resulting from work performed under this Agreement shall include an acknowledgement of
FEMA's financial support, by the Assistance Listings Number(formerly CFDA Number), and a statement
that the publication does not constitute an endorsement by FEMA or reflect FEMA's views.
A.24 RECAPTURE PROVISION
In the event the Subrecipient fails to expend funds under this Agreement in accordance with applicable
federal, state, and local laws, regulations, and/or the provisions of the Agreement, the Department
reserves the right to recapture funds in an amount equivalent to the extent of noncompliance. Such right
of recapture shall exist for the life of the project following Agreement termination. Repayment by the
Subrecipient of funds under this recapture provision shall occur within 30 days of demand. In the event
the Department is required to institute legal proceedings to enforce the recapture provision, the
Department shall be entitled to its costs and expenses thereof, including attorney fees from the
Subrecipient.
A.25 RECORDS
a. The Subrecipient agrees to maintain all books, records, documents, receipts, invoices and all
other electronic or written records necessary to sufficiently and properly reflect the Subrecipient's
contracts, subawards, grant administration, and payments, including all direct and indirect
charges, and expenditures in the performance of this Agreement (the "records").
DHS-FEMA-HSGP-SHSP-FY21 Page 17 of 41 County of Mason, E22-098
b. The Subrecipient's records related to this Agreement and the projects funded may be inspected
and audited by the Department or its designee, by the Office of the State Auditor, DHS, FEMA or
their designees, by the Comptroller General of the United States or its designees, or by other
state or federal officials authorized by law, for the purposes of determining compliance by the
Subrecipient with the terms of this Agreement and to determine the appropriate level of funding
to be paid under the Agreement.
C. The records shall be made available by the Subrecipient for such inspection and audit, together
with suitable space for such purpose, at any and all times during the Subrecipient's normal
working day.
d. The Subrecipient shall retain and allow access to all records related to this Agreement and the
funded project(s) for a period of at least six (6) years following final payment and closure of the
grant under this Agreement. Despite the minimum federal retention requirement of three(3)years,
the more stringent State requirement of six (6) years must be followed.
A.26 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORK/WORK PLAN
While the Department undertakes to assist the Subrecipient with the project/statement of work/work plan
(project) by providing federal award funds pursuant to this Agreement, the project itself remains the sole
responsibility of the Subrecipient. The Department undertakes no responsibility to the Subrecipient, or to
any third party, other than as is expressly set out in this Agreement.
The responsibility for the design, development, construction, implementation, operation and maintenance
of the project, as these phrases are applicable to this project, is solely that of the Subrecipient, as is
responsibility for any claim or suit of any nature by any third party related in any way to the project.
Prior to the start of any construction activity, the Subrecipient shall ensure that all applicable federal,
state, and local permits and clearances are obtained, including, but not limited to, FEMA compliance with
the National Environmental Policy Act,.the National Historic Preservation Act, the Endangered Species
Act, and all other environmental laws, regulations, and executive orders.
The Subrecipient shall defend, at its own cost, any and all claims or suits at law or in equity, which may
be brought against the Subrecipient in connection with the project. The Subrecipient shall not look to the
Department, or to any state or federal agency, or to any of their employees or agents, for any
performance, assistance, or any payment or indemnity, including, but not limited to, cost of defense
and/or attorneys' fees, in connection with any claim or lawsuit brought by any third party related to any
design, development, construction, implementation, operation and/or maintenance of a project.
A.27 SEVERABILITY
If any court of rightful jurisdiction holds any provision or condition under this Agreement or its application
to any person or circumstances invalid, this invalidity does not affect other provisions, terms or conditions
of the Agreement, which can be given effect without the invalid provision. To this end, the terms and
conditions of this Agreement are declared severable.
A.28 SINGLE AUDIT ACT REQUIREMENTS (including all AMENDMENTS)
The Subrecipient shall comply with and include the following audit requirements in any subawards.
Non-federal entities, as Subrecipients of a federal award, that expend $750,000 or more in one fiscal
year of federal funds from all sources, direct and indirect, are required to have a single or a program-
specific audit conducted in accordance with 2 CFR Part 200 Subpart F. Non-federal entities that spend
less than $750,000 a year in federal awards are exempt from federal audit requirements for that year,
except as noted in 2 CFR Part 200 Subpart F. As defined in 2 CFR Part 200, the term "non-federal entity"
means a state, local government, Indian tribe, institution of higher education, or nonprofit organization
that carries out a federal award as a recipient or subrecipient.
Subrecipients that are required to have an audit must ensure the audit is performed in accordance with
Generally Accepted Government Auditing Standards (GAGAS) as found in the Government Auditing
Standards (the Revised Yellow Book) developed by the United States Comptroller General and the OMB
Compliance Supplement. The Subrecipient has the responsibility of notifying its auditor and requesting
an audit in compliance with 2 CFR Part 200 Subpart F, to include the Washington State Auditor's Office,
a federal auditor, or a public accountant performing work using GAGAS, as appropriate. Costs of the
audit may be an allowable grant expenditure as authorized by 2 CFR Part 200.425.
DHS-FEMA-HSGP-SHSP-FY21 Page 18 of 41 County of Mason, E22-098
The Subrecipient shall maintain auditable records and accounts so as to facilitate the audit requirement
and shall ensure that any subcontractors also maintain auditable records.The Subrecipient is responsible
for any audit exceptions incurred by its own organization or that of its subcontractors. Responses to any
unresolved management findings and disallowed or questioned costs shall be included with the audit
report. The Subrecipient must respond to Department requests for information or corrective action
concerning audit issues or findings within 30 days of the date of request. The Department reserves the
right to recover from the Subrecipient all disallowed costs resulting from the audit.
After the single audit has been completed, and if it includes any audit findings, the Subrecipient must
send a full copy of the audit and its Corrective Action Plan to the Department at the following address no
later than nine (9) months after the end of the Subrecipient's fiscal year(s):
Contracts Office
Washington Military Department
Finance Division, Building #1 TA-20
Camp Murray, WA 98430-5032
The Department retains the sole discretion to determine whether a valid claim for an exemption from the
audit requirements of this provision has been established.
Conducting a single or program-specific audit in compliance with 2 CFR Part 200 Subpart F is a material
requirement of this Agreement. In the absence of a valid claim of exemption from the audit requirements
of 2 CFR Part 200 Subpart F,the Subrecipient's failure to comply with said audit requirements may result
in one or more of the following actions in the Department's sole discretion: a percentage of federal awards
being withheld until the audit is completed in accordance with 2 CFR Part 200 Subpart F; the withholding
or disallowing of overhead costs; the suspension of federal awards until the audit is conducted and
submitted; or termination of the federal award.
A.29 SUBRECIPIENT NOT EMPLOYEE
The parties intend that an independent contractor relationship will be created by this Agreement. The
Subrecipient, and/or employees or agents performing under this Agreement are not employees or agents
of the Department in any manner whatsoever. The Subrecipient will not be presented as, nor claim to be,
an officer or employee of the Department by reason of this Agreement, nor will the Subrecipient make
any claim, demand, or application to or for any right or privilege applicable to an officer or employee of
the Department or of the state of Washington by reason of this Agreement, including, but not limited to,
Workmen's Compensation coverage, unemployment insurance benefits, social security benefits,
retirement membership or credit, or privilege or benefit which would accrue to a civil service employee
under Chapter 41.06 RCW.
It is understood that if the Subrecipient is another state department, state agency, state university, state
college, state community college, state board, or state commission, that the officers and employees are
employed by the state of Washington in their own right and not by reason of this Agreement.
A.30 TAXES, FEES AND LICENSES
Unless otherwise provided in this Agreement, the Subrecipient shall be responsible for, pay and maintain
in current status all taxes, unemployment contributions, fees, licenses, assessments, permit charges and
expenses of any other kind for the Subrecipient or its staff required by statute or regulation that are
applicable to Agreement performance.
A.31 TERMINATION FOR CONVENIENCE
Notwithstanding any provisions of this Agreement, the Subrecipient may terminate this Agreement by
providing written notice of such termination to the Department Key Personnel identified in the Agreement,
specifying the effective date thereof, at least thirty (30) days prior to such date.
Except as otherwise provided in this Agreement, the Department, in its sole discretion and in the best
interests of the state of Washington, may terminate this Agreement in whole or in part ten (10) business
days after emailing notice to the Subrecipient. Upon notice of termination for convenience, the
Department reserves the right to suspend all or part of the Agreement, withhold further payments, or
prohibit the Subrecipient from incurring additional obligations of funds. In the event of termination, the
Subrecipient shall be liable for all damages as authorized by law. The rights and remedies of the
Department provided for in this section shall not be exclusive and are in addition to any other rights and
remedies provided by law.
DHS-FEMA-HSGP-SHSP-FY21 Page 19 of 41 County of Mason, E22-098
A.32 TERMINATION OR SUSPENSION FOR LOSS OF FUNDING
The Department may unilaterally terminate or suspend all or part of this Grant Agreement, or may reduce
its scope of work and budget, if there is a reduction in funds by the source of those funds, and if such
funds are the basis for this Grant Agreement. The Department will email the Subrecipient ten (10)
business days prior to termination.
A.33 TERMINATION OR SUSPENSION FOR CAUSE
In the event the Department, in its sole discretion, determines the Subrecipient has failed to fulfill in a
timely and proper manner its obligations under this Agreement, is in an unsound financial condition so
as to endanger performance hereunder, is in violation of any laws or regulations that render the
Subrecipient unable to perform any aspect of the Agreement, or has violated any of the covenants,
agreements or stipulations of this Agreement, the Department has the right to immediately suspend or
terminate this Agreement in whole or in part.
The Department may notify the Subrecipient in writing of the need to take corrective action and provide
a period of time in which to cure. The Department is not required to allow the Subrecipient an opportunity
to cure if it is not feasible as determined solely within the Department's discretion. Any time allowed for
cure shall not diminish or eliminate the Subrecipient's liability for damages or otherwise affect any other
remedies available to the Department. If the Department allows the Subrecipient an opportunity to cure,
the Department shall notify the Subrecipient in writing of the need to take corrective action. If the
corrective action is not taken within ten (10) calendar days or as otherwise specified by the Department,
or if such corrective action is deemed by the Department to be insufficient, the Agreement may be
terminated in whole or in part.
The Department reserves the right to suspend all or part of the Agreement, withhold further payments,
or prohibit the Subrecipient from incurring additional obligations of funds during investigation of the
alleged compliance breach, pending corrective action by the Subrecipient, if allowed, or pending a
decision by the Department to terminate the Agreement in whole or in part.
In the event of termination,the Subrecipient shall be liable for all damages as authorized by law, including,
but not limited to, any cost difference between the original Agreement and the replacement or cover
Agreement and all administrative costs directly related to the replacement Agreement, e.g., cost of
administering the competitive solicitation process, mailing, advertising and other associated staff time.
The rights and remedies of the Department provided for in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law.
If it is determined that the Subrecipient: (1) was not in default or material breach, or(2)failure to perform
was outside of the Subrecipient's control, fault or negligence, the termination shall be deemed to be a
termination for convenience.
A.34 TERMINATION PROCEDURES
In addition to the procedures set forth below, if the Department terminates this Agreement, the
Subrecipient shall follow any procedures specified in the termination notice. Upon termination of this
Agreement and in addition to any other rights provided in this Agreement, the Department may require
the Subrecipient to deliver to the Department any property specifically produced or acquired for the
performance of such part of this Agreement as has been terminated.
If the termination is for convenience, the Department shall pay to the Subrecipient as an agreed upon
price, if separately stated, for properly authorized and completed work and services rendered or goods
delivered to and accepted by the Department prior to the effective date of Agreement termination, the
amount agreed upon by the Subrecipient and the Department for(i) completed work and services and/or
equipment or supplies provided for which no separate price is stated, (ii) partially completed work and
services and/or equipment or supplies provided which are accepted by the Department, (iii) other work,
services and/or equipment or supplies which are accepted by the Department, and (iv)the protection and
preservation of property.
Failure to agree with such amounts shall be a dispute within the meaning of the"Disputes"clause of this
Agreement. If the termination is for cause, the Department shall determine the extent of the liability of the
Department. The Department shall have no other obligation to the Subrecipient for termination. The
Department may withhold from any amounts due the Subrecipient such sum as the Department
determines to be necessary to protect the Department against potential loss or liability.
DHS-FEMA-HSGP-SHSP-FY21 Page 20 of 41 County of Mason, E22-098
The rights and remedies of the Department provided in this Agreement shall not be exclusive and are in
addition to any other rights and remedies provided by law.
After receipt of a notice of termination, and except as otherwise directed by the Department in writing,
the Subrecipient shall:
a. Stop work under the Agreement on the date, and to the extent specified, in the notice;
b. Place no further orders or contracts for materials, services, supplies, equipment and/or facilities
in relation to this Agreement except as may be necessary for completion of such portion of the
work under the Agreement as is not terminated;
C. Assign to the Department, in the manner, at the times, and to the extent directed by the
Department, all of the rights, title, and interest of the Subrecipient under the orders and contracts
so terminated, in which case the Department has the right, at its discretion, to settle or pay any
or all claims arising out of the termination of such orders and contracts;
d. Settle all outstanding liabilities and all claims arising out of such termination of orders and
contracts, with the approval or ratification of the Department to the extent the Department may
require, which approval or ratification shall be final for all the purposes of this clause;
e. Transfer title to the Department and deliver in the manner, at the times, and to the extent directed
by the Department any property which, if the Agreement had been completed, would have been
required to be furnished to the Department;
f. Complete performance of such part of the work as shall not have been terminated by the
Department in compliance with all contractual requirements; and
g. Take such action as may be necessary, or as the Department may require, for the protection and
preservation of the property related to this Agreement which is in the possession of the
Subrecipient and in which the Department has or may acquire an interest.
A.35 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE)
The Subrecipient is encouraged to utilize business firms that are certified as minority-owned and/or
women-owned in carrying out the purposes of this Agreement. The Subrecipient may set utilization
standards, based upon local conditions or may use the state of Washington MWBE goals, as identified
in WAC 326-30-041.
A.36 VENUE
This Agreement shall be construed and enforced in accordance with, and the validity and performance
shall be governed by, the laws of the state of Washington. Venue of any suit between the parties arising
out of this Agreement shall be the Superior Court of Thurston County, Washington. The Subrecipient, by
execution of this Agreement, acknowledges the jurisdiction of the courts of the state of Washington.
A.37 WAIVERS
No conditions or provisions of this Agreement can be waived unless approved in advance by the
Department in writing. The Department's failure to insist upon strict performance of any provision of the
Agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance
during such breach, shall not constitute a waiver of any right under this Agreement.
DHS-FEMA-HSGP-SHSP-FY21 Page 21 of 41 County of Mason, E22-098
Attachment C
21 HSGP Award Documents
EMW-2021-SS-00083-S01
Award Letter
U.S. Department of Homeland Security
Washington,D.C.20472
rt
O
Bret Daugherty
Washington Military Department
Building 20
Camp Murray,WA98430-6122
Re: Grant No.EMW-2021-SS-00083
Dear Bret Daugherty:
Congratulations, on behalf of the Department of Homeland Security, your application for financial assistance submitted under
the Fiscal Year (FY)2021 Homeland Security Grant Program has been approved in the amount of$14,284,938.00. You are
not required to match this award with any amount of non-Federal funds.
Before you request and receive any of the Federal funds awarded to you,you must establish acceptance of the award. By
accepting this award,you acknowledge that the terms of the following documents are incorporated into the terms of your
award:
• Agreement Articles(attached to this Award Letter)
• Obligating Document(attached to this Award Letter)
• FY 2021 Homeland Security Grant Program Notice of Funding Opportunity.
• FEMA Preparedness Grants Manual
Please make sure you read, understand, and maintain a copy of these documents in your official file for this award.
In order to establish acceptance of the award and its terms, please follow these instructions:
Step 1: Please log in to the ND Grants system at https://portal.fema.gov.
Step 2:After logging in,you will see the Home page with a Pending Tasks menu. Click on the Pending Tasks menu,select the
Application sub-menu, and then click the link for"Award Offer Review"tasks.This link will navigate you to Award Packages
that are pending review.
Step 3: Click the Review Award Package icon (wrench)to review the Award Package and accept or decline the award. Please
save or print the Award Package for your records.
System for Award Management(SAM): Grant recipients are to keep all of their information up to date in SAM,in particular,
your organization's name,address, DUNS number, EIN and banking information. Please ensure thatthe DUNS number used
in SAM is the same one used to apply for all FEMA awards. Future payments will be contingent on the information provided
in the SAM; therefore,it is imperative thatthe information is correct. The System for Award Management is located at http:rr
www.sa m.a ov..
If you have any questions or have updated your information in SAM, please let your Grants Management Specialist(GMS)
know as soon as possible.This will help us to make the necessary updates and avoid any interruptions in the payment
process.
DHS-FEMA-HSGP-SHSP-FY21 Page 22 of 41 County of Mason, E22-098
Z"w' "Murw.,.sft o •
CHRISTOPHER PATRICKLOGAN GPD Assistant Administrator
DHS-FEMA-HSGP-SHSP-FY21 Page 23 of 41 County of Mason, E22-098
Agreement Articles
Wed Sep 01 00:00:00 GMT 2021
U.S. Department of Homeland Security
s, AR Washington,D.C.20472
$� n s
AG RE E ME NT ARTICLES
Homeland Security Grant Program
GRANTEE: Washington Military Department
PROGRAM: Homeland Security Grant Program
AGREEMENT NUMBER: EMW-2021-SS-00083-S01
TABLE OF CONTENTS
Article I Summary Description of Award
Article II Funding Hold: SHSP National Priorities
Article III Operation Stonegarden Program Hold
Article IV Operation Stonegarden Program Performance Goal
Article V Limited English Proficiency(Civil Rights Act of 1964,Title VI)
Article VI Universal Identifier and System of Award Management
Article VI Americans with Disabilities Act of 1990
Article VIII SAFECOM
Article IX Rehabilitation Act of 1973
Article X National Environmental Policy Act
Article XI Acknowledgement of Federal Funding from DHS
Article X I I USA PATRIOT Act of 2001
Article X I I I Age Discrimination Act of 1976
Article XIV Civil Rights Act of 1964-Title VI
DHS-FEMA-HSGP-SHSP-FY21 Page 24 of 41 County of Mason, E22-098
Article XV Applicability of DHS Standard Terms and Conditions to
Tribes
Article XVI Notice of Funding Opportunity Requirements
Article XVII Trafficking Victims Protection Act of 2000 (TVPA)
Article XVIII Acceptance of Post Award Changes
Article XIX Non-Supplanting Requirement
Article XX Drug-Free Workplace Regulations
Article XXI Federal Leadership on Reducing Text Messaging while
Driving
Article XXII Environmental Planning and Historic Preservation (EHP)
Review
Article XXIII DHS Specific Acknowledgements and Assurances
Article XXIV Best Practices for Collection and Use of Personally
Identifiable Information
Article XXV Civil Rights Act of 1968
Article XXVI Debarment and Suspension
Article XXVII Activities Conducted Abroad
Article XXVIII Energy Policy and Conservation Act
Article XXIX Procurement of Recovered Materials
Article XXX Homeland Security Grant Program Performance Goal
Article XXXI Terrorist Financing
Article>=II Prior Approval for Modification of Approved Budget
Article X(XIII Hotel and Motel Fire Safety Act of 1990
Article )=IV Duplication of Benefits
Article XXXV Fly America Act of 1974
Article XXXVI Reporting of Matters Related to Recipient Integrity and
Performance
DHS-FEMA-HSGP-SHSP-FY21 Page 25 of 41 County of Mason, E22-098
Article XXXVII Lobbying Prohibitions
Article XXXVIII False Claims Act and Program Fraud Civil Remedies
Article XXXIX Federal Debt Status
Article XL Nondiscrimination in Matters Pertaining to Faith-Based
Organizations
Article XLI Disposition of Equipment Acquired Under the Federal Award
Article XLII Education Amendments of 1972(Equal Opportunity in
Education Act) -Title IX
Article XLIII Copyright
Article XLIV Reporting Subawards and Executive Compensation
Article XLV Use of DHS Seal, Logo and Flags
Article XLVI Whistleblower Protection Act
Article XLVII Assurances, Administrative Requirements, Cost Principles,
Representations and Certifications
Article XLVIII Patents and Intellectual Property Rights
Article I-Summary Description of Award
The purpose of the FY 2021 HSGP is to support state and local efforts to prevent terrorism and other catastrophic events and
to prepare the Nation for the threats and hazards that pose the greatest risk to the security of the United States.The HSGP
provides funding to implement investments that build, sustain, and deliver the 32 core capabilities essential to achieving the
National Preparedness Goal of a secure and resilient Nation.Among the five basic homeland security missions noted in the
DHS Quadrennial Homeland Security Review, HSGP supports the goal to Strengthen National Preparedness and Resilience.
The building, sustainment, and delivery of these core capabilities are not exclusive to any single level of government,
organization, or community, but rather, require the combined effort of the whole community.This HSGP award consists
of State Homeland Security Program(SHSP)funding in the amount of$6,428,138, Urban Area Security Initiative(UASI)
funding in the amount of$6,250,000(Seattle Area, $6,250,000), and Operation Stonegarden (OPSG)funding in the amount
of$1,606,800. The following counties shall receive OPSG subawards for the following amounts: Adams$75,000; Clallam
$100,000; Ferry$112,500; Island$100,000; Jamestown S'Klallam Tribe$80,000; Lower Elwha Tribe$75,000, Makah Tribe
$75,000; Nooksack$99,000; Okanogan$100,000; Pend Oreille$150,000; Quileute Tribe$60,300; San Juan$100,000;
Spokane$155,000;Stevens$150,000;Swinomish Tribe$75,000;Whatcom$100,000.These grant programs fund a range
of activities, including planning, organization, equipment purchase, training, exercises, and management and administration
across all core capabilities and mission areas.
Article II-Funding Hold:SHSP National Priorities
FEMA has placed a funding hold on the following investments under the national priority areas, and$353,303 of SHSP funds
is on hold in the FEMA financial systems. Until the hold is released,the recipient is prohibited from drawing down funds or
reimbursing subrecipients, and the subrecipients are prohibited from obligating or expending SHSP funds,for the costs or
activities identified below.The hold only applies to the amount of funds identified for each SHSP investment under the national
priority areas below. To release this hold, additional information is required for the investments identified below which must be
submitted in the December 2021 Biannual Strategy Implementation Report(BSIR).
DHS-FEMA-HSGP-SHSP-FY21 Page 26 of 41 County of Mason, E22-098
Cybersecurity$162,500
Kitsap, County of NP CS Project#2: Region 2 Cybersecurity Conference for Small Businesses and Non-Profits, $32,500
King, County of NP CS Project#4: Region 6 Team Awareness Kit, $50,000
King, County of NP CS Project#6:Region 6 Regional Cybersecurity Workshop and Training Resources, $80,000
Emerging Threats, $190,803
WA State Military Department NP ET Project#2: State Private Sector and Critical Infrastructure Program, $70,803
Clark, County of NP ET Project#6: Region 4 Personal Protective Equipment, $70,000
Clark, County of NP ET Project#12: Region 4 Target Hardening and Vulnerability Assessment, $50,000
If you have questions about this funding hold or believe it was placed in error, please contact the DHS/FEMA Headquarters
Preparedness Officer.
Article III-Operation Stonegarden Program Hold
The recipient is prohibited from drawing down OPSG funding under this award or reimbursing OPSG subrecipients of this award until
each unique,specific,or modified county level,tribal,or equivalent Operations Order or Fragmentary Order(FRAGO)has been reviewed
by FEMA/GPD and Customs and Border Protection/United States Border Patrol(CBP/USBP).The recipient will receive the official
notification of approval from FEMA/GPD.
Article IV-Operation Stonegarden Program Performance Goal
In addition to the Biannual Strategy Implementation Report(BSIR)submission requirements outlined in the Preparedness
Grants Manual, recipients must demonstrate how the grant-funded project addressed the core capability gap associated with
this project and identified in the Threat and Hazard Identification and Risk Analysis(THIRA)or Stakeholder Preparedness
Review(SPR)or sustains existing capabilities as applicable. The capability gap reduction or capability sustainment must be
addressed in the Project Description of the BSIR for each project.
Article V-Limited English Proficiency(Civil Rights Act of 1964,Title VI)
Recipients must comply with Title VI of the Civil Rights Act of 1964, (42 U.S.C. section 2000d et seq.) prohibition against
discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable
steps to provide meaningful access to persons with limited English proficiency(LEP)to their programs and services. For
additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance:
https://www.dhs.gov/guidance-published-help-department-supported-organizations-provide-meaningful-access-people-
limited and additional resources on http://www.lep.gov.
Article VI-Universal Identifier and System of Award Management
Recipients are required to comply with the requirements set forth in the government-wide financial assistance award term
regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A,
the full text of which is incorporated here by reference.
Article VII-Americans with Disabilities Act of 1990
Recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, Pub. L. No. 101-336
(1990) (codified as amended at 42 U.S.C. sections 12101- 12213), which prohibits recipients from discriminating on the basis
of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and
certain testing entities.
Article Vill-SAFECOM
Recipients receiving federal financial assistance awards made under programs that provide emergency communication
equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants,
including provisions on technical standards that ensure and enhance interoperable communications.
Article IX-Rehabilitation Act of 1973
Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L. 93-112(1973),
(codified as amended at 29 U.S.C. section 794)which provides that no otherwise qualified handicapped individuals in
DHS-FEMA-HSGP-SHSP-FY21 Page 27 of 41 County of Mason, E22-098
the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be
subjected to discrimination under any program or activity receiving federal financial assistance.
Article X-National Environmental Policy Act
Recipients must comply with the requirements of the National Environmental Policy Act of 1969(NEPA), Pub. L. 91-190
(1970) (codified as amended at 42 U.S.C. section 4321 et seq.)and the Council on Environmental Quality(CEQ) Regulations
for Implementing the Procedural Provisions of NEPA, which require recipients to use all practicable means within their
authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which
people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future
generations of Americans.
Article XI-Acknowledgement of Federal Funding from DHS
Recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposal, bid
invitations, and other documents describing projects or programs funded in whole or in part with federal funds.
Article XII-USA PATRIOT Act of 2001
Recipients must comply with requirements of Section 817 of the Uniting and Strengthening America by Providing Appropriate
Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), Pub. L. No. 107-56,which amends 18
U.S.C. sections 175-175c.
Article XIII -Age Discrimination Act of 1975
Recipients must comply with the requirements of the Age Discrimination Act of 1975, Pub. L. No. 94-135(1975) (codified as
amended at Title 42, U.S. Code, section 6101 et seq.),which prohibits discrimination on the basis of age in any program or
activity receiving federal financial assistance.
Article XIV-Civil Rights Act of 1964-Title VI
Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964(codified as amended at 42 U.S.C.
section 2000d et seq.),which provides that no person in the United States will, on the grounds of race, color, or national origin,
be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity
receiving federal financial assistance. DHS implementing regulations for the Act are found at 6 C.F.R. Part 21 and 44 C.F.R.
Part 7.
Article XV-Applicability of DHS Standard Terms and Conditions to Tribes
The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon recipients and flow down
to subrecipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there
is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence
to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe.The execution of grant
documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does
not already exist.
Article XVI-Notice of Funding Opportunity Requirements
All the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity (NOFO)for this
program are incorporated here by reference in the award terms and conditions. All recipients must comply with any such
requirements set forth in the program NOFO.
Article XVII -Trafficking Victims Protection Act of 2000(TVPA)
Recipients must comply with the requirements of the government-wide financial assistance award term which implements
Section 106(g)of the Trafficking Victims Protection Act of 2000 (TVPA), codified as amended at 22 U.S.C. section 7104.The
award term is located at 2 C.F.R. section 175.15,the full text of which is incorporated here by reference.
Article XVIII-Acceptance of Post Award Changes
In the event FEMA determines that changes are necessary to the award document after an award has been made, including
changes to period of performance or terms and conditions, recipients will be notified of the changes in writing. Once
notification has been made, any subsequent request for funds will indicate recipient acceptance of the changes to the
DHS-FEMA-HSGP-SHSP-FY21 Page 28 of 41 County of Mason, E22-098
award. Please call the FEMA/GMD Call Center at(866)927-5646 or via e-mail to ASK-GMD@fema.dhs.gov if you have any
questions.
Article XIX-Non-Supplanting Requirement
Recipients receiving federal financial assistance awards made under programs that prohibit supplanting by law must ensure
that federal funds do not replace(supplant)funds that have been budgeted for the same purpose through non-federal
sources.
Article XX-Drug-Free Workplace Regulations
Recipients must comply with drug-free workplace requirements in Subpart B(or Subpart C, if the recipient is an individual)of 2
C.F.R. Part 3001,which adopts the Government-wide implementation(2 C.F.R. Part 182)of Sec. 5152-5158 of the Drug-Free
Workplace Act of 1988(41 U.S.C. sections 8101-8106).
Article XXI-Federal Leadership on Reducing Text Messaging while Driving
Recipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in E.O. 13513,
including conducting initiatives described in Section 3(a)of the Order when on official government business or when
performing any work for or on behalf of the federal government.
Article XXII-Environmental Planning and Historic Preservation(EHP)Review
DHS/FEMA funded activities that may require an EHP review are subject to the FEMA Environmental Planning and Historic
Preservation(EHP) review process.This review does not address all federal, state, and local requirements. Acceptance of
federal funding requires recipient to comply with all federal, state, and local laws.
DHS/FEMA is required to consider the potential impacts to natural and cultural resources of all projects funded by DHS/
FEMA grant funds, through its EHP Review process, as mandated by the National Environmental Policy Act; National
Historic Preservation Act of 1966, as amended; National Flood Insurance Program regulations; and, any other applicable
laws and Executive Orders. To access the FEMA EHP screening form and instructions, go to the DHS/FEMA website at:
https://www.fema.gov/media-library/assets/documents/90195. In order to initiate EHP review of your project(s), you must
complete all relevant sections of this form and submit it to the Grant Programs Directorate(GPD) along with all other pertinent
project information. The EHP review process must be completed before funds are released to carry out the proposed project;
otherwise, DHS/FEMA may not be able to fund the project due to noncompliance with EHP laws, executive order, regulations,
and policies.
If ground disturbing activities occur during construction, applicant will monitor ground disturbance, and if any potential
archeological resources are discovered, applicant will immediately cease work in that area and notify the pass-through entity,
if applicable, and DHS/FEMA.
Article XXIII-DHS Specific Acknowledgements and Assurances
All recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable
provisions governing DHS access to records, accounts, documents, information,facilities, and staff.
1. Recipients must cooperate with any compliance reviews or compliance investigations conducted by DHS.
2. Recipients must give DHS access to, and the right to examine and copy, records, accounts, and other documents and
sources of information related to the federal financial assistance award and permit access to facilities, personnel, and
other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or
program guidance.
3. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate
backup documentation to support the reports.
4. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by
law or detailed in program guidance.
5. Recipients of federal financial assistance from DHS must complete the DHS Civil Rights Evaluation Tool within thirty(30)
days of receipt of the Notice of Award or, for State Administrative Agencies,thirty(30)days from receipt of the DHS Civil
Rights Evaluation Tool from DHS or its awarding component agency. After the initial submission for the first award under
which this term applies, recipients are required to provide this information once every two(2)years if they have an active
award, not every time an award is made. Recipients should submit the completed tool, including supporting materials,
to CivilRightsEvaluation@hq.dhs.gov.This tool clarifies the civil rights obligations and related reporting requirements
DHS-FEMA-HSGP-SHSP-FY21 Page 29 of 41 County of Mason, E22-098
contained in the DHS Standard Terms and Conditions. Subrecipients are not required to complete and submit this tool to
DHS.The evaluation tool can be found at https://www.dhs.gov/publication/dhs-civil-rights-evaluation-tool.
The DHS Office for Civil Rights and Civil Liberties will consider, in its discretion, granting an extension if the recipient
identifies steps and a timeline for completing the tool. Recipients should request extensions by emailing the request to
CivilRightsEvaluation@hq.dhs.gov prior to expiration of the 30-day deadline.
Article XXRf-Best Practices for Collection and Use of Personally Identifiable Information
Recipients who collect personally identifiable information (PII) are required to have a publicly available privacy policy that
describes standards on the usage and maintenance of the PI they collect. DHS defines PI as any information that permits the
identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual.
Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance at http://www.dhs.gov/xlibrary/assets/
privacy/privacy_pia_guidancejune2010.pdf and Privacy Template at https://www.dhs.gov/sites/default/files/publications/
privacy_pia template 2017.pdf as useful resources respectively.
Article XXV-Civil Rights Act of 1968
Recipients must comply with Title VI I I of the Civil Rights Act of 1968, Pub. L. 90-284, as amended through Pub. L. 113-4,
which prohibits recipients from discriminating in the sale, rental,financing, and advertising of dwellings, or in the provision of
services in connection therewith, on the basis of race,color, national origin, religion, disability,familial status, and sex(see
42 U.S.C. section 3601 et seq.), as implemented by the U.S. Department of Housing and Urban Development at 24 C.F.R.
Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more
dwelling units-i.e., the public and common use areas and individual apartment units(all units in buildings with elevators and
ground-floor units in buildings without elevators)-be designed and constructed with certain accessible features. (See 24 C.F.R.
Part 100, Subpart D.)
Article XXVI-Debarment and Suspension
Recipients are subject to the non-procurement debarment and suspension regulations implementing Executive Orders(E.O.)
12549 and 12689,which are at 2 C.F.R. Part 180 as adopted by DHS at 2 C.F.R. Part 3000. These regulations restrict
federal financial assistance awards,subawards, and contracts with certain parties that are debarred, suspended, or otherwise
excluded from or ineligible for participation in federal assistance programs or activities.
Article XXVII-Activities Conducted Abroad
Recipients must ensure that project activities carried on outside the United States are coordinated as necessary with
appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.
Article XXVIII-Energy Policy and Conservation Act
Recipients must comply with the requirements of the Energy Policy and Conservation Act, Pub. L. 94-163(1975) (codified as
amended at 42 U.S.C. section 6201 et seq.),which contain policies relating to energy efficiency that are defined in the state
energy conservation plan issued in compliance with this Act.
Article XXIX-Procurement of Recovered Materials
States, political subdivisions of states, and their contractors must comply with Section 6002 of the Solid Waste Disposal Act,
Pub. L. 89-272(1965), (codified as amended by the Resource Conservation and Recovery Act, 42 U.S.C. section 6962.)The
requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection
Agency (EPA)at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with
maintaining a satisfactory level of competition.
Article XXX-Homeland Security Grant Program Performance Goal
In addition to the Biannual Strategy Implementation Report(BSIR) submission requirements outlined in the Preparedness
Grants Manual, recipients must demonstrate how the grant-funded project addressed the core capability gap associated with
this project and identified in the Threat and Hazard Identification and Risk Analysis(THIRA)or Stakeholder Preparedness
Review(SPR)or sustains existing capabilities as applicable.The capability gap reduction must be addressed in the Project
Description of the BSIR for each project.
Article XXXI -Terrorist Financing
DHS-FEMA-HSGP-SHSP-FY21 Page 30 of 41 County of Mason, E22-098
Recipients must comply with E.O. 13224 and U.S. laws that prohibit transactions with, and the provisions of resources and
support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance
with the Order and laws.
Article XXXII-Prior Approval for Modification of Approved Budget
Before making any change to the FEMA approved budget for this award, you must request prior written approval from FEMA
where required by 2 C.F.R. section 200.308. FEMA is also utilizing its discretion to impose an additional restriction under
2 C.F.R.section 200.308(f) regarding the transfer of funds among direct cost categories, programs, functions, or activities.
Therefore,for awards with an approved budget where the federal share is greater than the simplified acquisition threshold
(currently$250,000), you may not transfer funds among direct cost categories, programs,functions, or activities without prior
written approval from FEMA where the cumulative amount of such transfers exceeds or is expected to exceed ten percent
(10%)of the total budget FEMA last approved.You must report any deviations from your FEMA approved budget in the first
Federal Financial Report(SF-425)you submit following any budget deviation, regardless of whether the budget deviation
requires prior written approval.
Article XXXIII-Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. section 2225a, recipients must ensure
that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire
prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, (codified as amended at 15 U.S.C.
section 2225.)
Article XXXIV-Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not
be charged to other federal financial assistance awards to overcome fund deficiencies;to avoid restrictions imposed by
federal statutes, regulations, or federal financial assistance award terms and conditions; or for other reasons. However, these
prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with
existing federal statutes, regulations, or the federal financial assistance award terms and conditions.
Article XXXV-Fly America Act of 1974
Recipients must comply with Preference for U.S. Flag Air Carriers(air carriers holding certificates under 49 U.S.C.
section 41102)for international air transportation of people and property to the extent that such service is available, in
accordance with the International Air Transportation Fair Competitive Practices Act of 1974, 49 U.S.C. section 40118, and
the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to
Comptroller General Decision B-138942.
Article XXXVI-Reporting of Matters Related to Recipient Integrity and Performance
If the total value of any currently active grants, cooperative agreements, and procurement contracts from all federal awarding
agencies exceeds$10,000,000 for any period of time during the period of performance of this federal award,then the
recipients must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient
Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII,the full text of which is incorporated here by
reference in the award terms and conditions.
Article XXXVII-Lobbying Prohibitions
Recipients must comply with 31 U.S.C. section 1352, which provides that none of the funds provided under a federal financial
assistance award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with any federal action related to a federal award or contract, including any extension, continuation,
renewal, amendment, or modification.
Article XXXVIII-False Claims Act and Program Fraud Civil Remedies
Recipients must comply with the requirements of the False Claims Act, 31 U.S.C. sections 3729-3733,which prohibit the
submission of false or fraudulent claims for payment to the federal government. (See 31 U.S.C. sections 3801-3812,which
details the administrative remedies for false claims and statements made.)
Article XXXIX-Federal Debt Status
DHS-FEMA-HSGP-SHSP-FY21 Page 31 of 41 County of Mason, E22-098
All recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include
delinquent payroll and other taxes, audit disallowances, and benefit overpayments. (See OMB Circular A-129.)
Article XL-Nondiscrimination in Matters Pertaining to Faith-Based Organizations
It is DHS policy to ensure the equal treatment of faith-based organizations in social service programs administered or
supported by DHS or its component agencies, enabling those organizations to participate in providing important social
services to beneficiaries. Recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R.
Part 19 and other applicable statues, regulations, and guidance governing the participations of faith-based organizations in
individual DHS programs.
Article XLI-Disposition of Equipment Acquired Under the Federal Award
When original or replacement equipment acquired under this award by the recipient or its subrecipients is no longer needed
for the original project or program or for other activities currently or previously supported by a federal awarding agency,you
must request instructions from FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. section 200.313.
Article XLII-Education Amendments of 1972(Equal Opportunity in Education Act)-Title IX
Recipients must comply with the requirements of Title IX of the Education Amendments of 1972, Pub. L. 92-318(1972)
(codified as amended at 20 U.S.C. section 1681 et seq.), which provide that no person in the United States will, on the basis
of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational
program or activity receiving federal financial assistance. DHS implementing regulations are codified at C.F.R. Part 17 and 44
C.F.R. Part 19.
Article XLIII-Copyright
Recipients must affix the applicable copyright notices of 17 U.S.C. sections 401 or 402 and an acknowledgement of U.S.
Government sponsorship(including the award number)to any work first produced under federal financial assistance awards.
Article XLIV-Reporting Subawards and Executive Compensation
Recipients are required to comply with the requirements set forth in the government-wide award term on Reporting Subawards
and Executive Compensation located at 2 C.F.R. Part 170, Appendix A, the full text of which is incorporated here by reference
in the award terms and conditions. - - - - - -
Article XLV-Use of DHS Seal, Logo and Flags
Recipients must obtain permission from their DHS FAO prior to using the DHS seal(s), logos, crests or reproductions of flags
or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of
flags or likenesses of Coast Guard officials.
Article XLVI-Whistleblower Protection Act
Recipients must comply with the statutory requirements for whistleblower protections(if applicable)at 10 U.S.0 section 2409,
41 U.S.C. section 4712, and 10 U.S.C. section 2324, 41 U.S.C. sections 4304 and 4310.
Article XLVII-Assurances,Administrative Requirements,Cost Principles, Representations and Certifications
DHS financial assistance recipients must complete either the Office of Management and Budget(OMB)Standard Form 424B
Assurances-Non-Construction Programs, or OMB Standard Form 424D Assurances-Construction Programs, as applicable.
Certain assurances in these documents may not be applicable to your program, and the DHS financial assistance office(DHS
FAO) may require applicants to certify additional assurances. Applicants are required to fill out the assurances applicable to
their program as instructed by the awarding agency. Please contact the DHS FAO if you have any questions.
DHS financial assistance recipients are required to follow the applicable provisions of the Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards located at Title 2, Code of Federal Regulations
(C.F.R.) Part 200, and adopted by DHS at 2 C.F.R. Part 3002.
By accepting this agreement,the recipient and its executives, as defined in 2 C.F.R. section 170.315, certify that the
recipients policies are in accordance with OMB's guidance located at 2 C.F.R. Part 200, all applicable federal laws, and
relevant Executive guidance.
DHS-FEMA-HSGP-SHSP-FY21 Page 32 of 41 County of Mason, E22-098
Article XLVIII-Patents and Intellectual Property Rights
Recipients are subject to the Bayh-Dole Act, 35 U.S.C. section 200 et seq, unless otherwise provided by law. Recipients are
subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents
resulting from federal financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located
at 37 C.F.R. section 401.14.
BUDGET COST CATEGORIES
Personnel $565,994.00
Fringe Benefits $210,405.00
Travel $17,768.00
Equipment $0.00
Supplies $24,080.00
Contractual $13,353,696.00
Construction $0.00
Indirect Charges $112,995.00
Other $0.00
DHS-FEMA-HSGP-SHSP-FY21 Page 33 of 41 County of Mason, E22-098
Obligating Document for Award/Amendment N�J TMF- ~� - - - ... .�
Ia.AGREEMENT NO. 2.AMENDMENT NO. 3. 4.TYPE OF ACTION 5.CONTROL NO.
EMW-2021-SS-00083-SO1 *'"* RECIPIENT AWARD WX04670N2021T,
NO. WX04671N2021T,
916001095E WX04674N2021T
6.RECIPIENT NAME AND 7.ISSUING FEMA OFFICE AND 8.PAYMENT OFFICE AND ADDRESS
ADDRESS ADDRESS FEMA Finance Center
Washington Military FEMA-GPD 430 Market Street
Department i 400 C Street,SW,3rd floor Winchester,VA 22603
Building 20 Washington,DC 20472-3645
Camp Murray,WA,98430- POC: 866-927-5646
5122
9.NAME OF RECIPIENT PHONE NO. 10.NAME OF FEMA PROJECT COORDINATOR
PROJECT OFFICER 2535127472 Central Scheduling and Information Desk
Gail Cram Phone:800-368-6498
Email:Askcsid@dhs.gov
11.EFFECTIVE DATE OF 12. 13.ASSISTANCE ARRANGEMENT 14.PERFORMANCE PERIOD
THIS ACTION METHOD Cost Reimbursement
From: To:
09/01/2021 'OF
PAYMENT 09/01/2021 08/31/2024
PARS Budget Period
09/01/2021 08/31/2024
15.DESCRIPTION OF ACTION
a.(Indicate funding data for awards or financial changes)
PROGRAM CFDA NO. ACCOUNTING DATA PRIOR AMOUNT CURRENT CUMULATIVE NON-
NAME (ACCS CODE) TOTAL AWARDED TOTAL FEDERAL COMMITMENT
ACRONYM XXXX-XXX-3)CX)M- AWARD THIS AWARD
XXXM-3=11 XXX-X ACTION
+OR(-)
Homeland 97.067 2021-FA-GG01-P410--4101-D $0.00 $6,428,138,00 $6,428,138.00 See Totals
Security Grant
Program
Homeland 97.067 2021-FA-GH01-P410-4101-D $0.00 $6,250,000.00 $6,250,000.00 See Totals
Security Grant
Program
Homeland 97.067 2021-FA-GG02-P410-4101-D $0.00 $1,606,800.00 $1,606,800.00 See Totals
Security Grant
Program
$0.00 $14,284,938.00 $14,284,938.00 $0.00
b. To describe changes other than funding data or financial changes,attach schedule and check here.
N/A
16 a.FOR NON-DISASTER PROGRAMS:RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE(3)COPIES OF THIS
DOCUMENT TO FEMA(See Block 7 for address)
Homeland Security Grant Program recipients are not required to sign and return copies of this document.However,recipients should
print and keep a copy of this document for their records.
16b.FOR DISASTER PROGRAMS:RECIPIENT IS NOT REQUIRED TO SIGN
This assistance is subject to terms and conditions attached to this award notice or by incorporated reference in program legislation cited
above.
17.RECIPIENT SIGNATORY OFFICIAL(Name and Title) DATE
Gail Cram, Wed Sep 22 16:48:36 GMT
2021
18.FEMA SIGNATORY OFFICIAL(Name and Title) DATE
Thu Sep 02 14:12:56 GMT
2021
DHS-FEMA-HSGP-SHSP-FY21 Page 34 of 41 County of Mason, E22-098
SHENAUZ SUBRINA WONG Assistance Officer
DHS-FEMA-HSGP-SHSP-FY21 Page 35 of 41 County of Mason, E22-098
Attachment D-1
21SHSP Investment Justification
Washington is comprised of 39 counties with geography including forests,mountains,islands,rainforests,rivers,lakes,and plains.
The U.S. Bureau of Economic Analysis ranked Washington 10 of 50 states for gross domestic product in 2020;several world-class
organizations headquarter their operations within the state.Washington has marine,aviation, rail,and road transportation
infrastructure to support its position as a bustling trade center.Approximately half of Washington's 7.5 million population lives in
the Seattle metropolitan area located along the Puget Sound.This area is the center of transportation,business,and industry and
is the fastest growing region in the state.Over three-fourths of the state's population lives in densely settled urbanized areas.
Understanding Washington's population is critical in order to mitigate vulnerabilities,respond to incidents,and effectively
concentrate recovery efforts.
Furthermore,Washington is subject to 10 natural and 7 human-caused hazards.The THIRA focuses on eight of those risks:
earthquake,tsunami,flood,biological(pandemic-human),wildland fire, hazmat release-radiological,cyber attack,and terrorism
(explosive devices).The 2021 Washington State Risk Profile scored the state's relative risk as 8.3, ranking it as the 8th highest at-
risk state,an increase from the rank of 11th in 2020.Washington State has consistently had a high relative risk score and must be
prepared to prevent, respond to,mitigate,and recover from acts of terrorism.
The FY21 projects were selected to build upon or sustain a range of Core Capabilities identified in the 2020 SPR as well as to
support the five National Priority Areas.The investments support the Planning,Organization, Equipment,Training,and Exercise
solution areas with a focus in the following Core Capabilities: Planning,Operational Communications, Interdiction and Disruption,
Public Information and Warning,Cybersecurity, Mass Search and Rescue Operations,Operational Coordination,On-Scene
Security, Protection,and Law Enforcement,Screening,Search,and Detection,Mass Care Services,Access Control and Identity
Verification, Intelligence and Information Sharing,Threats and Hazards Identification,and Physical and Protective Measures.
Regional Risks-Reasons for the Work
Terrorist targets include:
Government Facilities
Transportation Corridors
Power generation&distribution systems
Events where large numbers of citizens congregate
Communications systems
Terrorists acts which contaminate crops
State Capitol Campus
DHS-FEMA-HSGP-SHSP-FY21 Page 36 of 41 County of Mason, E22-098
Attachment D-2
21SHSP Sustainment Work Plan
Mason County Emergency Management
AMOUNT $17,176
Investment#1:WA SHSP Sustainment
The State is divided into 9 Regions which differ in geography(marine to desert), major industry(large business to agricultural),
and population (dense urban settings to rural). Each region develops projects to address their specific risks and hazards which
sustain previously built capabilities or close identified gaps. Most initiatives can be tied back to building regional capability to
respond and recover and be in a state of readiness should a natural or human-caused catastrophic incident occur.
Gaps identified in:
-Planning:ESF plans are out of date, LEP plans are incomplete, more robust COOP
-Operational Comms:Aging equipment and infrastructure,changes in technology and the inability to keep pace, mountainous
terrain;amateur radio capability;differing responder radio technologies
-Interdiction&Disruption: Lack of equipment
-Public Information&Warning: More people sign up for emergency notifications,translations for emergency messaging, lack of
personnel,in person training,and engagement with marginalized populations
-Cybersecurity: Resilience strengthened,training,and formal capabilities assessments
-Mass SAR Operations:Train responders to the Structural Collapse Tech Level, lack of equipment and PPE, maintain equipment
and training
-Operational Coord:Training on new plans,partner and build relationships, not all jurisdictions have necessary equipment, map
and coordinate plans,document procedures and update plans,increase frequency of contacts,inadequate supply of radios for
rural community response
-On-Scene Security,Protection,&LE:Aging and/or expiring equipment and PPE and/or insufficient for surge capacity use,
specialized tactical team equipment
-Screening,Search,&Detection: Better equipment to improve response quality and times,very little or no formal capabilities
-Mass Care Services: Lack of sheltering supplies,plans minimal
-Access Control/lD Verification:Swipe card entry doors, standard credentials for EOC personnel, plans or procedures for
credentialing on a large-scale
-Supply Chain Integrity&Security: More local suppliers for critical needed materials, PPE supply,exercise standing up CPODs
-Intelligence&Information Sharing: Limited resources and lack of staff,challenge to build and sustain this core capability
-Threats&Hazards Identification: Lack of resources to conduct an assessment
PROJECT#1 SHSP Region 3-Homeland Security Project(Investment 1,Project 3)
Region 3 will address priorities based on regionally identified gaps.The region is challenged by persistent capability gaps within:
Operational Communications due to the inability of emergency responders to effectively communicate,Operational Coordination
due to lack of incident management training,-On-Scene Security, Protection,and Law Enforcement,due to lack of physical
protective measures for response and mitigation activities,and Cybersecurity due to vulnerability of county government IT
infrastructure. Furthermore,the region will focus on sustaining Operational Coordination through regional collaboration and first
responder communications,sustaining On-Scene Security,Protection and Law Enforcement through specialized emergency team
preparedness,and enhancing Access Control/ID Verification by aligning the regional credentialing program with the state
credentialing program.
Addressing the gaps and sustaining these core capabilities will ensure that the region is prepared during a terrorist attack.
Through planning,organization,equipment,training,and exercise,activities will include
Operational Communications: Establish and improve ability to communicate among first responders.
Operational Coordination: Further develop the planning,training,and exercise programs for Region 3.
On-Scene Security, Protection, and Law Enforcement: Provide equipment and training for specialized technical response teams,
regional Incident Management Team,and local response agencies.
-Cybersecurity: Provide a vulnerability management tool to protect county IT infrastructure from cyber threats or attacks.
By investing in these core capabilities,regional partners and stakeholders will understand roles and responsibilities for response
and recovery to terrorist-related incidents.The region will be better prepared to facilitate coordination through communications
systems,coordinate data and information, maintain situational awareness and safety of responders,and coordinate an
intergovernmental approach to disaster recovery which will improve the region's ability to identify,prevent,and respond to a
terrorist incident.
DHS-FEMA-HSGP-SHSP-FY21 Page 37 of 41 County of Mason, E22-098
SUBPROJECT#1 CMFE Secondary Power
PRIMARY CORE CAPABILITIES
Mass Care Services Core Capability#1
Infrastructure Systems Core Capability#2(optional)
SOLUTION AREA
PLANNING ORGANIZATION EQUIPMENT TRAINING EXERCISE TOTAL
$0.00 $0.00 $5,176.00 $0 00 $0.00 $5,176.00
WHY IS THE WORK NEEDED?
GAP identified
2020 THIRA/SPR: Mass Care Services-Lack of sheltering supplies.There is a need for secondary power at three fire stations so that
they can be used for community Points of Distribution(PODs)and medical sheltering in case of a disaster.Without the secondary
power,these stations could not provide heat,lighting,and emergency food/water distribution services for the local community.
CAPABILITY(Indicate sustained or enhanced)
This will enhance the capability of three local fire stations to become areas where PODS for medical and disaster supplies can be
distributed.
ACTIVITIES TO BE PERFORMED
Purchase portable generators to use when Public Utility District power is out in those areas.
ASSOCIATED DELIVERABLES/OUTPUTS
Three generators at three separate Central Mason Fire and EMS(CMFE)fire stations will be ready and available for immediate
use.
DESIRED OUTCOMES
In case of emergency or disaster when power is interrupted,the generators will provide power to maintain PODS and medical
sheltering capabilities,resulting in better outcomes for the community.
SUBPROJECT#2 SORTRadios
PRIMARY CORE CAPABILITIES
Operational Communications Core Capability#1
Mass Search&Rescue Operations Core Capability#2(optional)
SOLUTION AREA `
PLANNING ORGANIZATION EQUIPMENT TRAINING EXERCISE TOTAL
$0.00 $0.00 $12,000.00 . $0.00 $0.00 $12,000.00
WHY IS THE WORK NEEDED?
GAP identified
In the core capability of Operational Coordination,the 2020 SPR cites a gap in communication interoperability.The SPR
recommends continuing to pursue grant opportunities and purchase additional equipment as funds become available as a way to
close the gap and sustain the capability. Law Enforcement and Fire Services are not on the same radio band(UHF/VHF)and work
together on the Special Operations Rescue Team(SORT)under the Mason County Sheriff's Office.
CAPABILITY(Indicate sustained or enhanced)
This will enhance the communications for SORT operations under the guidance of the Mason County Sheriff's Office.
ACTIVITIES TO BE PERFORMED
Purchase APX 8000 Series Motorola portable radios,chargers,and remote microphones and distribute to the SORT team.
ASSOCIATED DELIVERABLES/OUTPUTS
The SORT team will have the ability to go from UHF to VHF frequencies as needed while performing special rescue operations.
DESIRED OUTCOMES
The SORT team will be able to better communicate during missions,resulting in better coordination and outcomes.
DHS-FEMA-HSGP-SHSP-FY21 Page 38 of 41 County of Mason, E22-098
Attachment D-3
The Subrecipient has not been allocated National Priority Area funding under this Agreement, so there is no
associated Work Plan.
DHS-FEMA-HSGP-SHSP-FY21 Page 39 of 41 County of Mason, E22-098
Attachment E
21SHSP Budget
Mason County Emergency Management
AGREEMENT AMOUNT $17,176
AMOUNT
L ETPA $12,000.00
70%of the agreement total
PERSONNEL $0.00
0%of the agreement total
0%of the agreement total
Sustainment Subproject(s)
AMOUNT
SUBPROJECT#1 Secondary Power X3 $5,176.00
SUBPROJECT#2 SORT Portable Radios $12,000.00
M&A $0.00
SUBTOTAL $17,176.00
INDIRECT $0.00
TOTAL $17,176.00
<
DHS-FEMA-HSGP-SHSP-FY21 Page 40 of 41 County of Mason, E22-098
Attachment F
21SHSP TIMELINE
Mason County Emergency Management
DATE TASK
September 1,2021 Grant Agreement Start Date
October 2021 Estimated date work scheduled for one or more subprojects/projects
NLT February 28,2022 Complete Nationwide Cybersecurity Review(NCSR)-NCSR system closes
February 28,2022
January 31,2023 Grant Agreement End Date
March 17,2023 L Submit Final Reimbursement Request and Closeout Report
HSGP Performance Period:September 1,2021 to August 31,2024
DHS-FEMA-HSGP-SHSP-FY21 Page 41 of 41 County of Mason, E22-098
Washington Military Department Contract Number: E22-098
Debarment, Suspension, Ineligibility or Voluntary Exclusion Certification Form
NAME Doing business as(DBA)
Mason County Emergency Management
ADDRESS Applicable Procurement WA Uniform Business Federal Employer Tax
100 W. Public Works Drive or Solicitation#,if any: Identifier(UBI) Identification#:
000189311 232002101 91-6001354
This certification is submitted as part of a request to contract.
Instructions For Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower
Tier Covered Transactions
READ CAREFULLY BEFORE SIGNING THE CERTIFICATION. Federal regulations require contractors and bidders to sign and
abide by the terms of this certification, without modification, in order to participate in certain transactions directly or
indirectly involving federal funds.
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out
below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this
transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an
erroneous certification, in addition to other remedies available to the Federal Government the department or agency
with which this transaction originated may pursue available remedies, including suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the department, institution or office to
which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was
erroneous when submitted or had become erroneous by reason of changed circumstances.
4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person,
primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning
set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the
person to which this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is
proposed for debarment under the applicable CFR, debarred, suspended, declared ineligible, or voluntarily excluded
from participation in this covered transaction, unless authorized by the department or agency with which this
transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered
Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered
transaction that it is not proposed for debarment under applicable CFR, debarred, suspended, ineligible, or voluntarily
excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the
method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required
to, check the List of Parties Excluded from Federal Procurement and Non-procurement Programs.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to
render in good faith the certification required by this clause. The knowledge and information of a participant is not
required to exceed that which is normally possessed by a prudent person in the ordinary course of business activity.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under applicable
CFR, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other
remedies available to the Federal Government, the department or agency with which this transaction originated may
pursue available remedies, including suspension and/or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier
Covered Transactions
The prospective lower tier participant certifies, by submission of this proposal or contract, that neither it nor its
principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
from participation in this transaction by any Federal department or agency. Where the prospective lower tier
participant is unable to certify to any of the statements in this certification, such prospective participant shall
attach an explanation to this form.
Bidder or Contractor Signature: Date:
Print Name and Title:
Washington Military Department Contract Number:E22-098
FEDERAL DEBARMENT, SUSPENSION
INELIGIBILITY and VOLUNTARY EXCLUSION
(FREQUENTLY ASKED QUESTIONS)
What is"Debarment, Suspension, Ineligibility, and Voluntary Exclusion"?
These terms refer to the status of a person or company that cannot contract with or receive grants from a federal agency.
In order to be debarred, suspended, ineligible, or voluntarily excluded, you must have:
• had a contract or grant with a federal agency, and
• gone through some process where the federal agency notified or attempted to notify you that you could not contract
with the federal agency.
• Generally, this process occurs where you, the contractor, are not qualified or are not adequately performing under a
contract, or have violated a regulation or law pertaining to the contract.
Why am I required to sign this certification?
You are requesting a contract or grant with the Washington Military Department. Federal law (Executive Order 12549)
requires Washington Military Department ensure that persons or companies that contract with Washington Military
Department are not prohibited from having federal contracts.
What is Executive Order 12549?
Executive Order 12549 refers to Federal Executive Order Number 12549. The executive order was signed by the
President and directed federal agencies to ensure that federal agencies, and any state or other agency receiving federal
funds were not contracting or awarding grants to persons, organizations, or companies who have been excluded from
participating in federal contracts or grants. Federal agencies have codified this requirement in their individual agency
Code of Federal Regulations(CFRs).
What is the purpose of this certification?
The purpose of the certification is for you to tell Washington Military Department in writing that you have not been
prohibited by federal agencies from entering into a federal contract.
What does the word "proposal" mean when referred to in this certification?
Proposal means a solicited or unsolicited bid, application, request, invitation to consider or similar communication from
you to Washington Military Department.
What or who is a"lower tier participant"?
Lower tier participants means a person or organization that submits a proposal, enters into contracts with, or receives a
grant from Washington Military Department, OR any subcontractor of a contract with Washington Military Department. If
you hire subcontractors, you should require them to sign a certification and keep it with your subcontract.
What is a covered transaction when referred to in this certification?
Covered Transaction means a contract, oral or written agreement, grant, or any other arrangement where you contract
with or receive money from Washington Military Department. Covered Transaction does not include mandatory
entitlements and individual benefits.
Sample Debarment, Suspension, Ineligibility, Voluntary Exclusion Contract Provision
Debarment Certification. The Contractor certifies that the Contractor is not presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Contract by any
Federal department or agency. If requested by Washington Military Department, the Contractor shall complete
a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form. Any such form
completed by the Contractor for this Contract shall be incorporated into this Contract by reference.
SIGNATURE AUTHORIZATION FORM
WASHINGTON STATE MILITARY DEPARTMENT
Camp Murray, Washington 98430-5122
Please read instructions on reverse side before completing this form.
NAME OF ORGANIZATION DATE SUBMITTED
Mason County Emergency Management 10/14/2021
PROJECT DESCRIPTION CONTRACT NUMBER
FY21-SHSP
E22-098
1 . AUTHORIZING AUTHORITY
SIGNATURE PRINT OR TYPE NAME TITLE/TERM OF OFFICE
Randy Neatherlin Commissioner Chair
Kevin Shutty Commissioner
Sharon Trask Commissioner
2. AUTHORIZED TO SIGN CONTRACTS/CONTRACT AMENDMENTS
SIGNATURE PRINT OR TYPE NAME TITLE
C u-G Tammi Wright Sr. EM Coordinator/Lead
"'t
L I Jennifer Beierle Budget Manager
3. AUTHORIZED TO SIGN REQUESTS FOR REIMBURSEMENT
SIGNATURE PRINT OR TYPE NAME TITLE
Tammi Wright Sr. EM Coordinator/Lead
Jennifer Beierle Budget Manager
\\NAC-1\VOL1\HOME\KARENB\ .AWP\SIGNAUTH Revised 3/03
INSTRUCTIONS FOR SIGNATURE AUTHORIZATION FORM
This form identifies the persons who have the authority to sign contracts, amendments,
and requests for reimbursement. It is required for the management of your contract with
the Military Department (MD). Please complete all sections. One copy with original
signatures is to be sent to MD with the signed contract, and the other should be kept with
your copy of the contract.
When a request for reimbursement is received, the signature is checked to verify that it
matches the signature on file. The payment can be delayed if the request is
presented without the proper signature. It is important that the signatures in MD's files
are current. Changes in staffing or responsibilities will require a new signature
authorization form.
1. Authorizing Authority. Generally, the person(s) signing in this box heads
the governing body of the organization, such as the board chair or mayor. In
some cases, the chief executive officer may have been delegated this
authority.
2. Authorized to Sign Contracts/Contract Amendments. The person(s) with
this authority should sign in this space. Usually, it is the county
commissioner, mayor, executive director, city clerk, etc.
3. Authorized to Sign Requests for Reimbursement. Often the executive
director, city clerk, treasurer, or administrative assistant have this authority.
It is advisable to have more than one person authorized to sign
reimbursement requests. This will help prevent delays in processing a
request if one person is temporarily unavailable.
If you have any questions regarding this form or to request new forms, please call your
MD Program Manager.
MASON COUNTY
AGENDA ITEM SUMMARY FORM
To: Board of Mason County Commissioners
From: Noelle Thompson Action Agenda: X
Public Hearing:
Other
Department: Commissioners Ext: 419
Commission Meeting Date: October 26t" 2021 Agenda Item # 8.8
(Commissioner staff to
complete)
Briefing Date: October 25t" 2021
Briefing Presented By: Diane Zoren
[ ] Item was not previously briefed by the board
Please provide explanation of urgency
Item:
Approval to appoint Alison Voss to the Lewis-Mason-Thurston Area Agency on Aging for a 2 term
ending December 2023.
Background:
The Lewis-Mason-Thurston Area Agency on Aging is a local government agency that provides home
and community services for seniors and adults with disabilities to help them remain living in their
own homes. The Advisory Council makes recommendations to the Council of Governments and
staff.
Recommended Action:
Approval to appoint Alison Voss to the Lewis-Mason-Thurston Area Agency on Aging for a term
ending December 2023.
Attachment(s):
Agenda Summary 10/11/2021
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Mike Collins RE, PLS, County Engineer
DEPARTMENT: Public Works EXi: 450
COMMISSION MEETING DATE: October 26, 2021 A enda Item #
BRIEFING DATE: August 16, 2021
BRIEFING PRESENTED BY: Mike Collins
[ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency
ITEM: Cooperative Agreement between USGS and Mason County Public
Works for streamflow monitoring gage stations on the
Skokomish River
BACKGROUND:
The Department of the Interior U.S. Geological Survey (USGS) operates and
maintains the network of streamflow monitoring gage stations on the Skokomish
River near Potlatch and Union for the purpose of flood forecasting, documentation,
flow regulations and fisheries enhancement.
Most of these stations are funded through a joint agreement between the USGS
and Tacoma Public Utilities; however, Mason County, the Department of Ecology
and the U.S. Geological Survey fund the South Fork Skokomish gage. The river at
this site is unregulated by dams and provides an excellent measure of the natural
runoff of the upper basin, particularly during floods. Mason County also
participates in funding real time data transmission at the gage near Potlatch.
The total fixed cost of this program is $10,363, of which Mason County's portion of
the annual cost is $7,073. The remainder ($3,290) is funded by the USGS Federal
Priority Streamgage Program. Mason County's share is paid out of the Road Fund to
aid in assessing road closures and threats to critical transportation infrastructure.
RECOMMENDED ACTION:
Recommend the Board authorize the County Engineer to sign the Joint Funding
Agreement #22YGJFA03400 with the US Department of the Interior, U.S.
Geological Survey, for the period October 1, 2021, to September 30, 2022 for
streamflow monitoring gage stations on the Skokomish river.
ATTACHMENT:
1. Agreement
6000000725/22YGJFA03400/FY22
Form 9-1366 U.S.Department of the Interior Customer#:6000000725
(May 2018) U.S.Geological Survey Agreement M 22YGJFA03400
Joint Funding Agreement Project#:YGOOHIU
FOR TIN#:91-6001354
Water Resource Investigations
Fixed Cost Agreement YES[X]NO[ j
THIS AGREEMENT is entered into as of the October 1,2021,by the U.S.GEOLOGICAL SURVEY,Washington
Water Science Center, UNITED STATES DEPARTMENT OF THE INTERIOR,party of the first part,and the Mason
County party of the second part.
1.The parties hereto agree that subject to the availability of appropriations and in accordance with their respective
authorities there shall be maintained in cooperation for operation and maintenance of the cooperative
streamgaging program between the USGS and the Mason County Public Works Department(County)(per
attachment),herein called the program.The USGS legal authority is 43 USC 36C;43 USC 50,and 43 USC 50b.
2.The following amounts shall be contributed to cover all of the cost of the necessary field and analytical work
directly related to this program.2(b)include In-Kind-Services in the amount of$0.00
(a) $0 by the party of the first part during the period
October 1,2021 to September 30,2022
(b) $7,073 by the party of the second part during the period
October 1,2021 to September 30,2022
(c) Contributions are provided by the party of the first part through other USGS regional or national programs,
in the amount of.$3,290
Description of the USGS regionaltnational program-
USGS Federal Priority Streamgage Program
(d) Additional or reduced amounts by each party during the above period or succeeding periods as may be
determined by mutual agreement and set forth in an exchange of letters between the parties.
(e) The performance period may be changed by mutual agreement and set forth in an exchange of letters
between the parties.
3.The costs of this program may be paid by either party in conformity with the laws and regulations respectively
governing each party.
4.The field and analytical work pertaining to this program shall be under the direction of or subject to periodic review
by an authorized representative of the party of the first part.
5.The areas to be included in the program shall be determined by mutual agreement between the parties hereto or
their authorized representatives.The methods employed in the field and office shall be those adopted by the party of
the first part to insure the required standards of accuracy subject to modification by mutual agreement.
6.During the course of this program,all field and analytical work of either party pertaining to this program shall be
open to the inspection of the other party,and if the worts is not being carried on in a mutually satisfactory manner,
either party may terminate this agreement upon 60 days written notice to the other party.
7.The original records resulting from this program will be deposited in the office of origin of those records. Upon
request,copies of the original records will be provided to the office of the other party.
8_The maps,records or reports resulting from this program shall be made available to the public as promptly as
possible.The maps, records or reports normally will be published by the party of the first part However,the party of
the second part reserves the right to publish the results of this program,and if already published by the party of the
first part shall,upon request,be furnished by the party of the first part,at cost,impressions suitable for purposes of
reproduction similar to that for which the original copy was prepared.The maps,records or reports published by
either party shall contain a statement of the cooperative relations between the parties.The Parties acknowledge that
scientific information and data developed as a result of the Scope of Work(SOW)are subject to applicable USGS
review,approval,and release requirements,which are available on the USGS Fundamental Science Practices
6000000725/22YG1FA03400/FY22
website(https://www.usgs.g_ov/about/organization/science-supporUscience-guglity-and-integrity/fundamental-science-
ractices .
Form 9-1366 U.S. Department of the Interior Customer#:6000000725
(May 2018) U.S.Geological Survey Agreement#:22YGJFA03400
Joint Funding Agreement Project#:YGOOHIU
FOR TIN#:91-6001354
Water Resource Investigations
9. Billing for this agreement will be rendered annually. Invoices not paid within 60 days from the billing date will bear
Interest, Penalties, and Administrative cost at the annual rate pursuant the Debt Collection Act of 1982, (codified at
31 U.S.C. §3717)established by the U.S.Treasury.
USGS Technical Point of Contact Customer Technical Point of Contact
Name: Christopher Laveau Name: Michael Collins
Associate Director Deputy Director,County Engineer
Address: 934 Broadway, Suite 300 Address: 100 W Public Works Dr.
Tacoma,WA 98402 Shelton,WA 98584
Telephone: 253-552-1609 Telephone: (360)427-9670 Ext 769
Fax: 253-552-1583 Fax:
Email: cdlaveau@usgs.gov Email: mcollins@co.mason.wa.us
USGS Billing Point of Contact Customer Billing Point of Contact
Name: Sharbra Gordon-scott Name: Michael Collins
Budget Analyst Deputy Director, County Engineer
Address: 934 Broadway Suite 300 Address: 100 W Public Works Dr.
Tacoma,WA 98402 Shelton,WA 98584
Telephone: (253)552-1698 Telephone: (360)427-9670 Ext 769
Fax: (253)552-1581 Fax:
Email: sgordon-scoff@usgs.gov Email: mcollins@co.mason.wa.us
U.S.Geological Survey
United States Mason County
Department of Interior
Signature Signatures
CYNTHIA CNTNa�TON
BARYON Date:2MI.1o.070934:58
By arou By Date:
Name: Cynthia Barton,Ph>D., L.H.G., L.G. Name:Mike Collins,PE,PLS
Title:Center Director Title:County Engineer
Approve as to Form
By Datet
Name:Tim Whitehead
Title:Ch.DPA
USGS-Mason County Cooperative Streamgaging Program,October 1,2021-September 30,2022
USGS Federal
Priority
USGS Station Streamgage
No. Station Name Mason County Program Total Remarks
WESTERN WASHINGTON FIELD OFFICE(TACOMA),253-552-1651
12060500 South Fork Skokomish River near Union
Streamflow discharge $6,323 $3,290 $9,613 The remainder of this gage is funded by the Washington State
Dept.of Ecology and USGS.
12061500 Skokomish River near Potlatch
Data transmission via telephone $750 $750 Streamflow discharge with priority real-time data transmission
is funded by the City of Tacoma and USGS.
TOTAL $7,073 $3,290 $10,363
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Patricia Grover, Mason County Noxious Action Agenda _X
Weed Control Board Public Hearing
Other
DEPARTMENT: Commissioners EXT: 592
COMMISSION MEETING DATE: October 26, 2021 Agenda Item #
Commissioner staff to complete)
BRIEFING DATE:
BRIEFING PRESENTED BY:
[ X ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency: Item did
not require briefing to move forward to action agenda.
ITEM: Approval to appoint William Bezanson to the Mason County Noxious Weed Control
Board District No. 2, for a four-year term.
Background:
RECOMMENDED ACTION: Approval from Mason County Board of County Commissioners
to appoint William Bezanson to the Mason County Noxious Weed Control Board District No. 2,
for a four-year term.
Additional Budget Impacts:
Attachment(s): Application - William Bezanson
10/21/2021
MASON COUNTY
AGENDA ITEM SUMMARY FORM
To: Board of Mason County Commissioners
From: Ginger Kenyon Action Agenda: X
Public Hearing:
Other
Department: Support Services Ext: 380
Commission Meeting Date: October 26, 2021 Agenda Item # 8.r1
(Commissioner staff to
complete)
Briefing Date:
Briefing Presented By:
[x] Item was not previously briefed by the board
Please provide explanation of urgency
Item:
Approval for the Chair to sign a Letter of No Objection for a Special Occasion Liquor License for the
United Angels 4 Pets for an event on October 291h and October 30th, 2021 at the White Barn Decor.
Background:
The Washington State Liquor and Cannabis Board provides notice of Liquor License
applications for establishments in Mason County to the Board of County Commissioners as required
by RCW 66.24.010(8). The Commissioners may voice objections to the application within 20 days of
the date of notice.
Recommended Action:
Approval for the Chair to sign a Letter of No Objection for a Special Occasion Liquor License for the
United Angels 4 Pets for an event on October 29th and October 30th, 2021 at White Barn Decor.
Attachment(s)•
Special Occasion event notice
Letter of No Objection
�A9OP CO&
�^ A
M 4
MASON COUNTY October 26, 2021
BOARD
OF WA State Liquor Control Board
COMMISSIONERS License Division
PO Box 43075
Olympia, WA 98504
1ST District RE: Special Occasion Liquor License for United Angles 4 Pets
RANDY NEATHERLIN
Please accept this as a letter of no objection to the special occasion liquor
2"d District license for the United Angels 4 Pets for an event to be held on October 29tn
KEVIN SHUTTY and October 30th, 2021 at the White Barn Decor, 23611 NE WA-3 Belfair,
WA.
3`d District
SHARON TRASK Thank you.
BOARD OF MASON COUNTY COMMISSIONERS
Mason County Building 1
411 North Fifth Street
Randy Neatherlin Kevin Shutty Sharon Trask
Shelton, WA 98584-3400 Chair Commissioner Commissioner
(360)427-9670 ext.419
(360)275-4467 ext.419
(360)482-5269 ext. 419
Fax (360)427-8437
Cc:CMMRS Neatherlin, Shutty, Trask
Clerk D.Wl/1dou ,A ,payf,16
14� SSW&
URGENT
WASHINGTON STATE LIQUOR AND CANNABIS BOARD - LICENSE SERVICES
1025 UNION AVE SE - P O Box 43075
Olympia WA 98504-3075
specialoccasions@lcb.wa.gov Fax: 360-753-2710
TO: MASON COUNTY COMMISSIONERS October 15, 2021 V
SPECIAL OCCASION #: 091545
UNITED ANGELS 4 PETS OCT It �02�
4116 167TH AVE COURT NW
LAKEBAY, WA 98349 Meson County
COf missinnerS
DATE: OCTOBER 29TH AND 30TH 2O21 TIME: 5:00 PM TO 10:00 PM
PLACE: WHITE BARN D$COR (ENCLOSED) - 23611 NE WA-3, BELFAIR
CONTACT: ANTONETTE MENDENHALL (DOB 1/28/1970) 360-801-1182
SPECIAL OCCASION LICENSES
* _Licenses to sell beer on a specified date for consumption at a
specific place.
* _License to sell wine on a specific date for consumption at a
specific place.
* _Beer/Wine/Spirits in unopened bottle or package in limited
quantity for off premise consumption.
* _Spirituous liquor by the individual glass for consumption at a
specific place.
If return of this notice is not received in this office within 20 days from the above
date, we will assume you have no objections to the issuance of the license. If
additional time is required please advise.
1. Do you approve of applicant? YES NO
2. Do you approve of location? YES NO
3. If you disapprove and the Board contemplates issuing a
license, do you want a hearing before final action is
taken? YES NO
OPTIONAL CHECK LIST EXPLANATION YES NO
LAW ENFORCEMENT YES NO
HEALTH & SANITATION YES NO
FIRE, BUILDING, ZONING YES NO
OTHER: YES NO
If you have indicated disapproval of the applicant, location or both,
please submit a statement of all facts upon which such objections are based.
DATE SIGNATURE OF MAYOR, CITY MANAGER, COUNTY COMMISSIONERS OR DESIGNEE
**LESS THAN 20 DAYS! PLEASE EMAIL SPECIALOCCASIONS@LCB.WA.GOV**
MASON COUNTY
AGENDA ITEM SUMMARY FORM
To: Board of Mason County Commissioners
From: McKenzie Smith Action Agenda: X
Public Hearing:
Other
Department: Support Services Ext: 589
Commission Meeting Date: October 26, 2021 Agenda Item #
(Commissioner staff to
complete)
Briefing Date:
Briefing Presented By:
[ x ] Item was not previously briefed by the board
Please provide explanation of urgency
Item:
Approval to concur with Pacific County's appointment of Toni Gwin to the Timberland Regional
Library Board of Trustees for a term that runs from December 31, 2021 to December 31, 2028.
Background:
This will fill a vacant position on the Timberland Regional Library Board of Trustees. Timberland
Regional Library is a five-county rural library district consisting of Grays Harbor, Mason, Lewis,
Pacific, and Thurston counties.
Recommended Action:
Approval to concur with Pacific County's appointment of Toni Gwin to the Timberland Regional
Library Board of Trustees for a term that runs from December 31, 2021 to December 31, 2028.
Attachment(s):
Letter to the Timberland Regional Library Administrative Service Center
Pacific County Boards & Commission Appointments Application Form
Letter from the Timberland Regional Library Administrative Service Center
Agenda Summary 10/21/2021
1854
October 26,2021
MASON COUNTY Cheryl Heywood,Executive Director
BOARD Timberland Regional Library
OF Administrative Service Center
415 Tumwater Blvd SW
COMMISSIONERS Tumwater,WA 98501-5799
I ST District Dear Ms. Heywood,
RANDY NEATHERLIN
The Board of Mason County Commissioners met and acted to concur with the
2nd District appointment of Toni Gwin to the Timberland Regional Library Board of Trustees
KEVIN SHUTTY to serve a term that runs from December 31, 2021 to December 31,2028.
3rd District
SHARON TRASK
Sincerely,
BOARD OF MASON COUNTY COMMISSIONERS
Mason County Building 1
411 North Fifth Street
Shelton, WA 98584-3400
Randy Neatherlin Kevin Shutty Sharon Trask
(360)427-9670 ext.419 Chair Commissioner Commissioner
(360)2754467 ext.419
(360)482-5269 ext.419
Fax(360)427-8437
CO MISSIO ERS
Lisa Olsen, District#i
Frank Wolfe, District#2
Mike Runyon, District#3
October 13, 2021
Cheryl Heywood, Director
Timberland Regional Library
415 Tumwater Blvd SW
Tumwater, WA 98501-5799
RE: Appointment of Toni Gwin
Dear Cheryl;
At its meeting of October 12, 2021, the Board of Pacific County Commissioners acted to appoint
Toni Gwin to serve a seven-year term on the Timberland Regional Library Board of Trustees. This
appointment will become effective December 31, 2021.
We sincerely appreciate Toni's willingness to serve the residents of Pacific County!
Sincerely,
PACIFIC COUNTY
BOARD OF COMMISSIONERS
MA*E GUERNSEY
Clerk of the Board
C: TRL
File
P O Box 187,1216 W Robert Bush Dr,South Bend,WA 98586 Ph 36o•875.9337 or 36o.642.9337, Fax 36o.875.9335
"Pacific County is an Equal Opportunity Employer&Provider"
QP�'F' Co"X Pacific County
Boards & Commissions Appointments
Application Form
(Please attach resume if available)
1. Boards/Commissions for which you wish to be considered:
Timberland Regional Libary Board
2. Name: Toni Gwin 3. Phone:
4. Business Address: 5. Home Address:
6. Education: (High School,Name/Location of College/Univ.,Year Graduated/Degree)
Hoquiam High School, WSU Pullman WA Biology 1982, Centeral Washington University,
Ellensburg, Botany 1986
7. Licenses Held:Washington State Drivers
(If applicable to specific Board/Commission)
8. Current Employment(Job Title,Employer,Employment Date,Contact, Phone):
Associate Professor Washington State University, 2000 until today. Nancy Deringer,
Washington State 4-H Program Leader(509)358 7788
9. Previous Employment/Experience:
I have a variety of work experiences:tour guide, event organizer, plant restoration, camp
naturalist, program evaluator and family grocery store do it all. I am old enough to say everything
learned either came from books, my parents,4-H leaders,friends or a teacher. I have attached
my vita for a complete list.
10. Memberships in Professional/Civic Organizations (Include offices held/dates of terms):
South Bend Kiwanis,Willapa Harbor Quilters, Washington Stars Quilt Guild (Education chair
2016-17)African Violet Society of America, National Association of 4-H Educators,Valley View
Board of Directors(Chair Quality Assurance Committee 2015-Present
RECF
Applicant's Signature Date: PACIFIC c
Please mail completed Application to:
Pacific County Board of Commissioners GENERA!
ADMIN
P O Box 187, South Bend,WA 98586 BOARD OF o
875-9337/642-9337 FAX 875-9335 COMA.
Appointed to ,body on C0 (date)
Not appointed (date)
WASHINGTON STATE UNIVERSITY
E -4�N ON
VITA
Toni Gwin
Associate Professor E-3
EDUCATION
1986 Master of Science,Biology, Central Washington University,Ellensburg WA
1982 Bachelor of Science,Biology/Botany,Washington State University,Pullman WA
1979 Associate of Arts,Grays Harbor Community College,Aberdeen WA
EMPLOYMENT
2000—Present Associate Professor 4-H/Youth Development,Washington State University Extension
1998-2000 Garden Consultant Garden Grow Company,Wilsonville Oregon
1990—1998 Coordinator,Continuing Education and Conference Services,Oregon State University,
College of Forestry,Corvallis OR
1985-1986 Teaching Assistant,Central Washington University, Ellensburg,WA
1980-1988 Curator—Manager Polson Park&Museum, Hoquiam WA
1979 Curator, Chamberland's"History of Logging" Art Exhibit
1979 Tour Guide,Washington State Parks and Recreation Commission
1979 Fieldhand,Juneus Research,Army Corp of Engineers,WA
HONORS AND AWARDS
Scope of Award (Select One)
Year Title of Award Statewide Regional National/International
2020 Healthy Living Yes
2019 Resiliency Rock Star
2016 NAE4-HA Excellence Yes
in Teen Programing
2015 NAE4-HA Excellence Yes
in Camping
2015 Teen Advocacy Asset
Builder
2013 NAE4-HA Yes
Distinguished Service
2013 Community Health, Yes
Prevention&
Wellness Award
2006 Outstanding Service
to the Pacific County
Fair
2005 NAE4-HA, Award of Yes
Distinction
2005 WSU,Award of Merit Yes
2003 Best Master Gardner
Training Instructor
2002 Citizen of the Week
1996 Award of Merit, Yes
Outstanding
Educator from Alaska
State Legislature
GRANTS, CONTRACTS, AND FUND GENERATION'
A. Grants and Contracts
Grays Harbor Tourism,$2000 PI T.Small(2019) (5)
Culture Longitudinal Patterns, and Safety Promotion of Handguns Carrying Among Rural
Adolescents; Implications for Injury Prevention$340,205.00 PI E.H.Weybright(2020) (5)
No Child Left Inside,$5000 PI T.Gwin(2021) (1,2,4,3,5)
WSU YA4-H! Choices 4-Health$39,160 PI A. Hernandez-Hall (2021) (5)
Wellsprings Community Network.$460 PI T. Gwin(2019) (1,2,3,4,5)
Grays Harbor Tourism,$3473 PI T.Small(2019) (1,5)
National Rifle Association.$5000 PI:T.Gwin. (2018) (1,2,3,4,5)
Medina. $5000 PI: Pacific County Youth Alliance. (2018) (2,3)
Road to Resiliency$200 PI:T.Gwin (2018) (1,2,3,4,5)
Road to Resiliency$525 PI:T. Gwin (2018) (1,2,3,4,5)
GenerationOn $1000 PI T. Gwin (2018) (1,2,3,4,5)
'Key to indicators or description of contributions to Grants,Contracts and Fund Generation:1=Provided the initial
idea;2=Developed research/program design and hypotheses,3=Authorship of grant application;4=Developed
and/or managed budget;5=Managed personnel,partnerships,and project activities.
National Rifle Association.$3000 PI:T. Gwin. (2017) (1,2,3,4,5)
LV Raymond$1250 year one,$1000 annual PI:T.Gwin(2017) (1,2,3,4,5)
Medina.$5000 PI: Pacific County Youth Alliance. (2017) (2,3)
WA State Opioid SGTR$90,000 year one,$110.000 year two. PI South Bend Coalition (2017) (2,3)
Visions for Early Learning$5000 PI: J. Penoyar,T.Gwin. (2017) (2,3)
Willapa Community Network$500 PI:J. Penoyar,T. Gwin (2017) (2,3)
National Rifle Association. $7000 PI:T. Gwin. (2016) (1,2,3,4,5)
Washington State RC FARR.$40,000 PI:T. Gwin. (2016) (1,2,3,4,5)
Visions for Early Learning$2000 PI: J. Penoyar,T. Gwin. (2016) (2,3)
Ballmer Group$300,000 PI: B. Fisher T. Gwin. (2016) (2,3)
Cheney Foundation$40,000 PI: B. Fisher T. Gwin. (2016) (2,3)
Yakima Farm Bureau$1000. PI: S. Karr,T. Gwin, P.Watson, N. Baskett. (2015) (2)
Harry Burcalow Fund $1000 PI:S. Karr,T. Gwin, P.Watson, N. Baskett. (2015) (2)
Willapa Community Network$1000 PI:J. Penoyar,T. Gwin. (2015) (1,2,3)
Family Engagement$1500 PI:J. Penoyar,T.Gwin. (2015) (1,2,3)
National Rifle Association.$6000 PI T. Gwin. (2015) (1,2,3,4,5)
Feed Your Brain$2000 PI:T. Gwin, K. Camezind. (2015) (1,2,3)
Willapa Community Network$1000 PI: K. Camezind,T.Gwin (1,2)
Visions for Early Learning$2000 PI: T.Gwin, K.Camezind. (1,2,3)
National 4-H Council$150,000. PI: S.Calodich, M. Deen, K.Wright,A. White, G.Varella,J.Schmidt, L.
Riddle, D. Larson, L. Hrncirik,S. Hay,S. Harkness, E. Hammond,T. Gwin, D. Fagerlie,J. Edwards, M.
Cummins,S. Brown, D. Betz, N. Baskett. (2/1/2014—11/30/2014) (5)
National Rifle Association.$4000 PI:T.Gwin. (2014) (1,2,3,4,5)
Visions of Early Learning.$2000 PI: L. May,J. Penoyar,T. Gwin, P. Klus. (2014) (2,3)
County Juvenile Funds.$6,900 PI:T.Gwin. (2001) (1,2,3)
B. Gifts and Awards
2020 $1,200 for Pacific County 4-H
2019 $3,025 for Pacific County 4-H
2018 $5,945 for Pacific County 4-H
2017 $2,500 for Pacific County 4-H
2016 $3,500 for Pacific County 4-H
2015 $2,400 for Pacific County 4-H
2015 $1,000 Tipsy Elves for Pacific&Wahkiakum 4-H
2014 $1,300 for Pacific County 4-H
2013 $2,000 for Pacific County 4-H
C. Program Revenue Generation and Sponsorships
2015$200 for State Shooting Sports Project
D. MOA's and funding secured from Public, Non-profit, and Private entities
E. Unfunded Grant Proposals—Summarized by Year
Year Total Grants Total Dollars
2014 1 $100,000
2015 2 $50,000
2016 2 $64,668
2017 0 0
2018 1 $200
2019 0 0
2020 0 0
PUBLICATIONS AND CREATIVE WORK2
A. Peer-reviewed Journal Articles. (The journal must have a professional organization or
corporate entity with an editor that manages a blind, peer review process.)
Gwin,T. (2016 April 23) Building Community through Sewing.Tri State 4-H Professionals Conference
Proceedings,Spokane (1,2,3,4,5,6)
Cummings, M.Gwin T. Leach,J.Teuteberg, D. &Watson, P., (2016)Constellation Westside Fair
Focus Group Related Journal (1,2,3,4)
2Key to indicators or description of contributions to Publications and Creative Work: 1=Developed the initial idea;
2=Obtained or provided funds or other resources;3=Collected data;4=Analyzed data;5=Wrote/created
product;6=Edited product.
Gwin,T.R. (2015)The Rise: Creativity,the Gift of Failure and the Search for Mastery—A Book
Review.Journal of Extension (1,5,6)
Gwin,T.R. (2013) Developing Multi-Generational Relationships thought Quilting. University of New
Mexico Mentoring Institute. (1,2,3,4,5,6)
B. Peer-reviewed Extension Publications. (The publication must have a formal publishing
organization such as WSU Extension that manages a blind, peer review process.)
2013 4-H Fresh Fruit and Vegetable Scorecard (C1122E) (1,4,5)
2013 4-H Container Garden Scorecard (C1123E) (1,4, 5)
2013 4-H Flower Arrangement Scorecard (C114E) (1,4,5)
2013 4-H Bouquet Exhibit Scorecard (C1125E) (1,4,5)
2013 4-H Fresh-Cut Herb Scorecard (C1126E) (1,4,5)
2013 4-H Fresh-Cut Flower Scorecard (C1127E) (1,4,5)
2013 4-H Shooting Sports Guide (4-H H360R) (5, 6)
Oregon State University, David J. White
2007 Module VIII: Resources& More Hilliard,J &Gwin T.Online Volunteer Training.
C. Peer-reviewed Curricula and Training Manuals (Published curricula and training manuals
that have been formally peer reviewed by WSU Extension or another institution.)
D. Published Books, Book Chapters, or Monographs(Specify when an entry was peer
reviewed according to the criteria described in A or B above.)
E. Creative Scholarship in Juried Events. (Abstracts, Posters, and Published Papers in
Proceedings of a Professional Meeting or Conference. (Note:These are generally not peer
reviewed but they may be peer approved or selected through a process.)
Gwin,T.Tea and Talk,Strengthening a Program's Volunteer Force.2019 NECV Conference on
Volunteerism, Poster Session, Billings MT
Gwin,T.Stomp into Cosplay. 2017 Western 4-H Leaders Forum,Conference Proceedings Edmonton AL
Canada.
Gray,S.and T. Gwin. Understanding the Role of Pollinators by the Public. 2016 National NACAA PIC
Conference, Poster Session.June 15-16,2016.
Gray,S.and T. Gwin.Tilth Producers of Washington Annual Conference,Spokane,WA. Pollinators and
the Public. Poster session. November 13-15, 2015.
Gray,S. and T. Gwin. Understanding the Role of Pollinators by the Public. 2015 Western Region NACAA
PIC Conference,Anchorage AK. Poster Session. September 23-24, 2015.
F. Educational Digital Media (Videos, computer programs, mobile aps, dynamic web-pages,
social media, blogs,online modules, decision aids, email list-serves, etc.) (Designate
products that received formal peer-review with a * and indicate the entity managing the
review.)
Gwin,T. (2017)String has Energy National 4-H Shooting Sports Project STEM Education
http://w3.4-hshootingsports.org/instructor resources/String%20Has%2OEnergy.pdf(1,3,4,5,6)
Gwin,T. (2017)Why Orange? National 4-H Shooting Sports Project STEM Education
http://w3.4-hshootingsports.org/instructor resources/Why%200range.pdf
(1,3,4,5,6)
G. Other Publications and Creative Works (Those products that did not receive formal peer
review,and include popular press articles, newsletters, and other written works)
Jensen, M.,Gwin,T., Roeter,S.,ARTchery Activities. 2020 State Shooting Sports.Washington
T.Gwin, "4-H Changes" Chinook Observer,August 10, 2020, 2 columns
T. Gwin "Pacific County 4-H Virtual Fair Showcase" Willapa Harbor Harold,August 5,2020
Valley View Staff and Board Members,Community Health Needs Assessment,Clinic Web Site,
September 2019
Gwin T.,4-H Has a Lot to Offer, Capital Press Vol 91#34 August 24, 2018
Gwin T., Berry Time.ChatcoLab Northwest Leadership Lab, Newsletter,Vol 69#2 Summer 2017
Gwin T.,The Courage of Good Goal Setting. ChatcoLab Northwest Leadership Lab, Newsletter,Vol 67#1
Winter 2015
Gwin T.,4-H and Leadership. ChatcoLab Northwest Leadership Lab, Newsletter,Vol 67#3 Winter 2015
Gwin T., Research Shows 4-H Youth Excel. Willapa Harbor Herald Vol 36 Issue 33, p8,August 19,2015
Gwin T.,4-H is Family Friends, Dedication and Empowerment.Willapa Harbor Herald Vol 36 Issue 33,
p.6,August 19,2015
Gwin T., Pacific County 4-H Livestock.Willapa Harbor Herald Vol 36 Issue 33, p.5,August 19, 2015
Gwin T., Super Saturdays.Willapa Harbor Herald Vol 36 Issue 33, p.4,August 19,2015
PRESENTATIONS
International
2017 Western Regional Leaders Forum, Edmonton AL Canada
National
2015 NAE4-HA National Conference Portland Oregon
Regional
2020 Interview Judging—Part of Virtual Judging training
2016 Western Regional Leaders Forum, Fairbanks AK
State
2020 Make a Robotic Hand!Zoom Activity
2019 Shooting Sports Leaders Training(8)Various Counties
2018 Shooting Sports Leaders Training (6)Various Counties
2017 The 4-H Science of Projectiles,State STEM Conference for Public School Districts educators
2017 Shooting Sports Leaders Training(7)Various Counties
2016 Archery in 4-H Camp Leaders Training Various Counties
2016 Shooting Sports Leaders Training(6)Various Counties
2015 Shooting Sports Leaders Training(4)Various Counties
2015 4-H Fair Judges Training, Garden Judging, Puyallup WA
2014 Shooting Sports Leaders Training (2)Various Counties
2005 Ages&Stages of Sewing, Leaders Forum,Ocean Shores WA
2005 VDATtraining, Leaders Forum, Ocean Shores WA
2004 4-Leaf Achievers, Western Regional Leaders Forum
2001 Flag Ceremonies,Western Regional Leaders forum,
2002 School Age Care WRAP! Conference(2 total)
2000 Sharing Plants with People, NW Leadership Lab
- 1997 Event Planning for Beginners, Alaska Leadership Lab
1995 Quilling and Creative Problem Solving, Dakota Leadership Lab
1995 Putting together a GREAT Newsletter, NW Leadership Lab
1995 Quilling and Creative Problem Solving, Rocky Mt. Leadership Lab
1994 Adding Camp to your Program, NW Leadership Lab
1993 Time Management, NW Leadership Lab
Local
2019 Master Gardener Horticulture Presentation, Grays Harbor/Pacific
2019 Record Book Training, Pacific County, Menlo
2019 WSU Extension for North River Grange
2019 The Night Sky, Pacific County Libraries(5 total)
2018 Leadership Pacific County for AmeriCorps
2018 Master Gardener End of Year Celebration
2018 Raymond Lions
2018 Raymond/South Bend Kiwanis
2018 4-H Quilt and Clothing Leaders Training(2)
2017 Building the Perfect Pet Home, Pacific County Libraries(6 total)
2017 Positive Youth Development(2) Pacific County
2017 Leadership Pacific County for AmeriCorps
2016 Using 4-H STEM Curriculum, Home School Association
2016 Positive Youth Development(3) Pacific County
2016 Nature Games, Pacific County Libraries(6 total)
2015 Sourdough Science, Grays Harbor College, Pacific County
2015 Camouflage, Pacific County Libraries(5 total)
2014 Home School using 4-H STEM, Pacific County
2014 Taste of Science, Pacific County High School Students
2014 Livestock Quality Assurance, Pacific County
2014 Earth Day, Grays Harbor College Pacific County
2014 Leaders Training, Pacific County
2011 Leaders Training(3) Pacific County
2011 Public Presentations,4-H project workshop
2010 Leaders Training (3) Pacific County
2010 Cheese Making(3), Raymond
2010 Public Presentations,4-H project workshop
2009 Leaders Training(3) Pacific County
2009 Host Training,4-H project workshop, Elma WA
2009 Public Presentations,4-H project workshop
2008 Record Book Training(3), Pacific County 4-H members, leaders and parents
2008 Training(4) Pacific County required for new leaders
2007 Quilting& Clothing Advisors,Ages&Stages of Sewing, Panhandle WA
2007 introduction to Botany(2) Lewis and Mason Counties New Master Gardeners
2007 101 of Market Sales,4-H Livestock program,Clark County WA
2007 Nutrition for the Sitter,Timberland Library South Bend WA
2007 Puppets as Entertainment forSitters,Timberland Library
2007 Judging for Volunteers, Pacific County WA
2007 Record Book Training(3), Pacific County 4-H
2007 Leaders Training (4) Pacific and Lewis Counties
2006 Quilting& Clothing Advisors,Ages&Stages of Sewing,
2006 Stop the Bully, Boistford School Assembly
2006 Introduction to Botany(2)Grays Harbor and Pacific
2006 101 of Market Sales,4-H Livestock program
2006 Poverty-what is it and how do we combat it? Raymond WA
2006 Hexagon Star Mat, Home school workshop, Raymond WA
2006 Sitter Class,Timberland Library teens,South Bend WA
2006 Gardening with Extension, South Bend WA
2006 Leaders Training(4) Pacific and Lewis Counties
2006 Microwave Cooking,4-H project workshop, Elma WA
2006 Public Presentations,4-H project workshop
2006 The Art of the interview,Alternative School teens
2005 Quilting& Clothing Advisors,Ages&Stages of Sewing, Panhandle WA
2005 Judging 101 &Expressive Arts,Super Saturday Cluster
2005 Extension and You, NQ Gardening Club, Pacific County
2005 Quilting& Clothing Advisors training, Pe El for new Lewis County Leaders
2005 Leaders Training(3 total) Pacific and Lewis Counties
2005 101 of Market Sales,4-H Livestock,Castle Rock WA
2005 Paper Piecing with Children, 4-H Super Saturday
2004 Introduction to Botany and Plant Classification (2 total)
2004 Advanced Keying, Lewis County Master Gardeners
2004 Leaders Training (5 total) Pacific and Lewis Counties
1
2004 Magnificent Monday Poultry Project
2004 Market Livestock Tag Day
2004 Path Finding with Native Plants, (4 total)
2004 WSU Extension& Your Garden
2003 Introduction to Botany and Plant Classification (2 total)
2003 Record Book Training, Pacific County
2003 Volunteer Leader Development Training
2003 Leaders Training(2 total)
2003 Seasoned Leaders'Training
2003 Record Book Training
2003 Introduction to Botany and Plant Classification (2 total)
2002 Magnificent Monday two workshops
2002 Native Plants School Enrichment
2002 Host Training (2 total)
2001 Record Book Training, Pacific County
2001 Introduction to Botany
2001 Public Presentations and Record Books
2001 Leaders'Training(3 total)
2001 The Market of Market Sale
2001 Public Presentations for Cowpokes
2001 Introduction to Botany and Plant Classification
2000 What is 4-H?
2000 Record Book Training
2000 Leaders Training (2 total) Pacific&Lewis Counties
1999 The Craft Connection, Resource Leader
1999 Native Plants, Ocean Park Elderhostel
1998 The Craft Connection Resource Leader
1998 Craft Instructor,Camp Hope
1998 Sand Dunes to Seashore Native Plant Instructor, Elderhostel
1992 Native Plant Instructor, Elderhostel
1990 Lower Vascular Plant, Elderhostel
1989 Lower Vascular Plant, Elderhostel
1986 Quilling and Botany for Gardeners, Community Education
Professional Memberships
Kiwanis International,South Bend Chapter 2013—present
American Poultry Society 2011—2014
The National Quilting Association, Inc. 2007- present
Rabbit Breeders of America 2003-2014
Tri-District Early Childhood Educational Program 2005-present
Assn of Conference& Event Directors—International 1990-2000
NW Leadership Lab, Board of Directors 1990-1994, 1998-2001
OSU Master Food Preserver 1995-2000
American Business Women's Association 1993 -1999
African Violet Society of America 1978—present
UNIVERSITY INSTRUCTION
A. Credit Courses Taught
B. Additional Teaching
C. Advising (Graduate Students and Student Interns)
PROFESSIONAL SERVICE
A. University
2015—Present—Chair one promotion committee
2014—Member one tenure and chair of one promotion committee
2013—Member one tenure and one promotion committee
B. Professional Society
2020—Committee Member for Evaluating School's Out Washington Grants
2019—Evaluated Summer Healthy Youth Program for Valley View Clinics
2014—2020, National 4-H Shooting Sports Committee—Member STEM Sub Committee
C. Community
2018 - Present—Member Rare Bear Army-Volunteer
2017 —2020, Pacific County Youth Alliance (PCA) Board Member
2015 - Present, Know and Grow Early Learning Coalition, Board Member
2014—Present,Valley View Heath Center(WHC) Board Member
2015— Chair Quality Assurance and Quality Improvement Committee for WHC
2014—Facilitated Coffee Creek Quilters with Evaluation Reporting
2012—Present, Pacific County Early Childhood Coalition (Know and Grow) Board Member
D. Review Activities (journal article reviews and editorial service)
2016—Review WSU Fast track—3 articles: Food Preservation, Board Effectiveness& EB0544
2015—Review WUS Fast track—Two articles: Growing Flowers from Bulbs EM2869E& Meetings
ADMINSTRATIVE RESPONSIBILITY
2015—Present Grays Harbor and Pacific Master Gardeners Program
PROFESSIONAL & SCHOLARLY ORGANIZATION AFFILIATIONS
National Association of Extension Agents 2014—present
Washington State Association of Extension Agents 2014—present
National Association of Extension 4-H Agents 2001—2018 2020
Washington State 4-H Association 2001—2018
PROFESSIONAL DEVELOPMENT
2020 WSU Extension All Unit Meeting, February Spokane
2020 Sulky Certified Teacher Training
2020 National African Violet Virtual Convention,African Violet Society of America
2020 "Uprooting Racism in the Display Garden" US Botanic Garden
2020 "Internet Safety You are Part of the Solution" Pacific County
2020 "Responsible Conduct of Research"WSU
2020 IRB Modules for Social/Behavioral Research,WSU
2020 "A Vocabulary for Racism and Equity Work,A Study Circle"WSU
2020 "Oh Rats! Dealing with Non-Native Rodents in the Garden" Oregon State University
2020 "WSU Covid 19 Safe Return"WSU
2020 "Hootsuite"WSU"
2020 "Home Vegetable Gardening"Oregon State University
2020 "Best Practices for Community Gardens During Covid-19"WSU/UI
2020 "Ready in the Middle" Mississippi State University
2020 "How to Protect Yourself and Others" Center for Disease Control
2020 "State of Innovation Training: Using the Instructional Guides"Washington State
2020 "Sharpen Your Birding Skills" Cornell Lab of Ornithology
2020 "Conflicts of Interest' WSU
2019 4-H State Program Days
2019 Meet the Authors, National 4-H Webinar
2019 Teen Mental Health Training, Wellsprings Network
2019 Safe Driving, Pacific County
2018 Sewing with Electricity(STEAM ED) National 4-H Webinar
2018 Common Measures eXtension Webinar
2018 4-H National Youth Science Day Webinar
2018 4-H State Program Days
2018 The Science of Well Being Yale On Line class(8 weeks)
2017 Boards that Make a Difference,Centralia WA,January—September
2017 Cash Handling Required WSU training
2016 Qualtrics"boot camp", Internet training 23-26 May
2015 NAE4-HA national meeting, Portland OR, October
2015 Non Profit Board of Director Training Camp,Centralia,September
2015 Northwest Regional Primary Care Association Conference,Seattle WA October
2014 WSU Food Safety/Preservation Assistant Training
aQQQMN=
Administrative Service Center
415 Tumwater Boulevard SW
Tumwater, WA 98501-5799
360.943.5001
TRL.org
October 20, 2021
Mason County Commissioners
Mason County Building 1
411 N 5th St.
Shelton, WA 98584
Dear Board Commissioners,
The Pacific County Commissioners have appointed Toni Gwin to the Timberland Regional Library
Board of Trustees to fill the term that runs from December 31,2021,to December 31,2028.
The Pacific County Commissioners have requested that Timberland Regional Library secure the
confirmation of this appointment from the other four county Board of Commissioners. A copy of
the letter appointing Ms. Gwin is enclosed.
If you concur with the appointment of Ms. Gwin,please send a letter of confirmation to my
attention at the above address. Once we have received letters from Mason, Lewis, Thurston, and
Grays Harbor County Commissioners,copies will be forwarded to the Pacific County
Commissioners.
We would appreciate your immediate consideration of this appointment. To further speed the
process,you may email the scanned letter to Rose Enos-Weedmark at renosweedmarkatrl.org.
Thank you for your attention to this matter.
Sincerely,
Cheryl Heywood
Executive Director
Enclosure
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Mike Collins P.E, PLS, County Engineer Hearin
DEPARTMENT: Public Works EXT: 450
COMMISSION MEETING DATE: October 26, 2021 Agenda Item # 10.
BRIEFING DATE: August 16, 2021
BRIEFING PRESENTED BY: Mike Collins
[ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency
ITEM: Establishing Speed Limit on Boyer Road —Hearing
EXECUTIVE SUMMARY:
Boyer Road, a county-maintained road, was recently upgraded with a BST surface
(also known as chip seal). Before the upgrade, the roadway was gravel at the
beginning from MP 0.000 to MP 0.5050, changed to BST at MP 0.5050 to MP 0.7970
and reverted back to gravel from MP 0.7970 to MP 1.0460.
The road was classified as a primitive road, according to RCW 36.75.300 and signed
as primitive, which do not require speed limit or warning signs to be posted. With the
paving improvements on this road, an engineering and traffic investigation was
completed and the County Engineer is recommending the Board establish a speed
limit by setting a hearing to consider changing the speed limit to the following:
Existing Recommended
Road No. Road Name Speed Speed M.P. — M.P. Comment
03630 Boyer Road N/P 25-mph 0.000 -1.046 All
RECOMMENDED OR REQUESTED ACTION:
Recommend the Board approve an ordinance establishing a 25-mph speed limit on
Boyer Road from M.P. 0.000 — M.P. 1.046.
Attachment:
1. Ordinance
2. Engineering and Traffic Investigation
3. Map
ORDINANCE NO. 2021-
AN ORDIANCE ESTABLISHING SPEED LIMIT
ON BOYER ROAD
IN MASON COUNTY,WASHINGTON
WHEREAS, RCW 46.61.400 sets basic rule and maximum speed limits for city and
town streets, county road and state highways and may only be altered by the secretary of
transportation as authorized in RCW 46.61.405, 46.61.410 and 46.61.415; and,
WHEREAS, RCW 46.61.415 (2) states Local authorities in their respective
jurisdictions shall determine by an engineering and traffic investigation the proper
maximum speed for all arterial streets and shall declare a reasonable and safe maximum
limit thereon which may be greater or less than the maximum speed permitted under
RCW 46.61.400(2) but shall not exceed fifty miles per hour on county roads.
WHEREAS, the Department of Public Works Engineer, and or his designee, have
conducted an engineering and traffic investigation on the county-maintained portion of Boyer
Road; and,
WHEREAS, existing conditions of the road warrants a speed limit change, as shown:
Exist. Recommended
Road No. Road Name SPEED SPEED M.P. -M.P.
03630 Boyer Road NIP 25 0.000—1.046(All)
THEREFORE, IT IS HEREBY RESOLVED AND ORDERED, that the speed limit is
effective immediately as shown on the above listed county road, and the County Engineer is
so directed to erect the necessary speed limit signs in conformity herewith.
DATED this of , 2021.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY,WASHINGTON
ATTEST:
RANDY NEATHERLIN, Chair
McKenzie Smith,
Clerk of the Board
KEVIN SHUTTY,Vice Chair
APPROVED AS TO FORM:
SHARON TRASK, Commissioner
TIM WHITEHEAD, Ch. DPA
cc: Public Works
Sheriff
Prosecutor
4 ,� MASON COUNTY
DEPARTMENT of PUBLIC WORKS
100 W PUBLIC WORKS DRIVE
SHELTON, WASHINGTON 98584
MEMORANDUM
DATE: October 13, 2021
TO: Mike Collins, PE, Deputy Director/County Engineer
Cc: Loretta Swanson, Director of Public Works
FROM: Dave Smith, PE, Engineering and Construction Manager
SUBJECT: Establish Speed Limit on Boyer Road
Boyer Road was recently converted from a gravel road to a paved road. Before it was paved, it
was classified as a primitive road according to RCW 36.75.300. Statutorily defined primitive
roads, such as this, are not posted with speed limit or warning signs.
With the new paved surface, Boyer Road no longer qualifies as a primitive road by State law, and
therefore, it is appropriate to establish a speed limit.
RECOMMENDATION
Boyer Road is classified as a low volume residential road. A review of Boyer Road was done after
it was paved and Public Works recommends the speed limit be set at 25 mph. The road will be
evaluated for any additional warning signs that are needed.
Boyer Road Speed Limit Change - 25 MPH
Milepost 0.00 to Milepost 1 .046
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MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Mike Collins P.E, PLS, County Engineer Hearin
DEPARTMENT: Public Works EXT: 450
COMMISSION MEETING DATE: October 26 2021 Agenda Item #
BRIEFING DATE: September 20 2021
BRIEFING PRESENTED BY: Mike Collins
[ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency
ITEM: Franchise Agreement Application for Orchard Beach Community Group Water
System —Hearing
EXECUTIVE SUMMARY:
Erica Aust, the Vice President for Orchard Beach Community Group has applied for a
franchise renewal to construct, operate and maintain their water system along Orchard
Beach Drive. Public Works has reviewed and updated the franchise language, as done
for with all the water system franchise renewals this past year, and included a provision
for automatic renewal for up to three 10-year terms.
The franchise will cover their water system along the Orchard Beach Drive. Application
is not considered new and applicant has paid the $300 renewal of their respective
franchise.
RECOMMENDED OR REQUESTED ACTION:
Recommend the Board approve the franchise agreement between Mason County and
Orchard Beach Community Group to construct, operate and maintain their water system
along the Orchard Beach Drive.
ATTACHMENT:
1. Franchise agreement application (Exhibit B franchise area)
IN THE MATTER OF THE APPLICATION OF ORCHARD BEACH COMMUNITY GROUP
FOR A FRANCHISE PERMIT TO CONSTRUCT,OPERATE,AND MAINTAIN
ORCHARD BEACH COMMUNITY GROUP UTILITY
FACILITIES,OVER,ALONG AND UNDER COUNTY ROADS AND HIGHWAYS
LOCATED IN MASON COUNTY,WASHINGTON
Application of(Name ofOperator) ORCHARD BEACH COMMUNITY GROUP
doing business in Washington as ORCHARD BEACH COMMUNITY GROUP ,
with its principal offices located at 1217 SW ORCHARD ST.,SEATTLE WA 98106
by and through(person authorized to actfor and on behalf of applicant)Erika E.Aust,Vice-President(OBCG} ,
for a franchise to construct, operate and maintain(description of type) casement utility
facilities in,over,along and under county roads and highways in Mason County,Washington,as set
forth in attached Exhibit`B" (Franchise Area), having come on regularly for hearing before the
County Commissioners of Mason County, Washington, on the day of
20 , at the hour of ,under the provisions of RCW 36.55, RCW
80.32.010 and RCW 80.36.040,and it appearing to the Board that notice of said hearing has been
duly given as required by law, and that it is in the public interest to allow the franchise herein
granted;
NOW THEREFORE,IT IS ORDERED that a non-exclusive franchise be, and the same is hereby
given and granted to Operator,and its successors and assigns,hereinafter referred to as the
Franchisee,for a period of 10 years with automatic renewal at the end of each term of 10 years
unless either party gives the other written notice of termination at least 30 days prior to the end
of the relevant term. (no more than ten years each term and can only be renewed 3 times)from
and after the date of the entry of this order for the purposes,at the location(s),and upon the
express terms and conditions as described herein.
L DEFINITIONS
For the purposes of this franchise,terms,phrases,words,and their derivations not defined herein that
are defined in Title 12 of the Mason County Code or the Manual on Accommodating Utilities in the
Mason County Right-of-Way published by the County Engineer(the"Manual'),shall have the same
meaning or be interpreted as provided in Title 12 of the Mason County Code or the Manual. Words
not defined here, in Title 12 of the Mason County Code or the Manual shall have their ordinary
meaning. A reference to Title 12 of the Mason County Code or the Manual refers to the same as
may be amended,revised,updated,re-enacted or re-codified from time to time.
II. GRANT
The County of Mason hereby grants to the Franchisee a non-exclusive franchise which, once it
becomes effective shall authorize the Franchisee to enter upon the road rights-of-way located
within the Franchise Area identified in attached Exhibit"B",for the purpose of installing,
constructing,maintaining,repairing,replacing,adjusting,relocating and operating the utility
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facilities,which grant shall be limited to the following described purpose(s): constnicting,
operating and maintaining a community water system.
Such grant is subject to and must be exercised in strict accordance with and subject to this franchise,
Title 12 of the Mason County Code, the Manual and all applicable laws, rules, regulations and
ordinances. Franchisee's exercise of any rights granted pursuant to the franchise is subject to the
exercise of the County's police powers,and other regulatory powers as it may have or obtain in the
future. No rights shall pass to the franchisee by implication. This franchise does not include
permission to enter into or upon the road rights-of-way for any purposes others than the purposes
expressly described herein. Permittee has a duty to notify the County of any change in use or
condition of the utility facilities that may affect the status of the utility facilities or the impact of the
utility facilities upon the road rights-of-way.
III. UTILITY PERMIT REQUIRED
Franchisee shall not commence or perform work(hereafter"Work")to install,construct,maintain
repair,replace adjust, connect,disconnect,rebuild, or relocate its utility facilities within the road
rights-of-way,without first applying for,paying all associated fees,and obtaining a utility permit as
required pursuant to Title 12 of the Mason County Code. In any utility permit so issued,the County
may impose,as a condition of the granting the utility permit,such conditions and regulations as may
be necessary for the protection,preservation and management of the road rights-of-way,including,
by way of example and not limitation, for the purpose of protecting any structures in the road
rights-of-way, maintaining proper distance from other utilities,ensuring the proper restoration of
such road rights-of-way and structures,and for the protection of the County and the public and the
continuity of pedestrian and vehicular traffic.
Franchisee shall first file with the County Engineer its application for a utility permit to do such
Work together with plans and specifications in triplicate showing at a minimum:
A.The position,depth and location of all such utility facilities sought to be constructed,laid,
installed or erected at that time,showing their relative position to existing county roads,rights-of-way
or other county property upon plans drawn to scale,hereinafter collectively referred to as the"map of
definite location;
B. The class and type of material and equipment to be used, manner of excavation,
construction,installation,backfill,erection of temporary structures,erection of permanent structures,
traffic control,traffic turnouts and road obstructions;
C. The manner in which the utility facility is to be installed;
D. Measures to be taken to preserve safe and free flow of traffic;
E. Structural integrity of the roadway,bridge,or other structure;
F. Specifications for the restoration of the county road,right-of-way or other county property
in the event that the road right of way will be disturbed by the Work;and
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G. Provision for ease of future road maintenance and appearance of the roadway.
Provision shall be made for known or planned expansion of the utility facilities,particularly those
located underground or attached to bridges or other structures within the road right-of-way.
The location, alignment and depth of the utility facilities shall conform with said map of definite
location,except in instances in which deviation may be allowed thereafter in writing by the County
Engineer pursuant to application by Franchisee.
All such Work shall be subject to the approval of and shall pass the inspection of the County
Engineer.The Franchisee shall pay all costs of and expenses incurred in the examination,inspection
and approval of such work on account of granting the said utility permits.
IV. RESTORATION OF ROAD RIGHT OF WAY
In any Work which disturbs or causes damage to the road rights-of-way subject to this franchise,
public or private property, the Franchisee shall at its own expense and with all convenient speed,
complete the work to repair and restore the county road right-of-way, or the public or private
property so disturbed or damaged, and leave the same in as good or better condition as before the
Work was commenced,to the reasonable satisfaction of the County Engineer. The Franchisee shall
pay all costs of and expenses incurred in the examination, inspection and approval of such
restoration or repair.
The County Commissioners and/or County Engineer may at any time do,order or have done any and
all work that they consider necessary to restore to a safe condition such County road right-of-way or
other County property left by the Franchisee or its agents in a condition dangerous to life or
property,and the Franchisee,upon demand,shall pay to the County all costs of such work.
V. FRANCHISEE WORK IN RIGHT OF WAY
Franchisee expressly agrees and understands that,with regard to Work within the road rights-of-
way:
A. All of Franchisee's utility facilities and Work within the road rights-of-way or other
County property shall be in compliance with the provisions of Title 12 MCC, the Manual, the
administrative regulations adopted by the County Engineer,other County established requirements
for placement of utility facilities in road rights-of-way, including the specific location of utility
facilities in the road rights-of-way,and all applicable laws,rules,regulations and ordinances;
B. In preparing plans and specifications for Work of utility facilities in the road rights-of-
way the Franchisee shall use the Manual. Prior to commencement of work in the road rights-of-way,
Franchisee shall submit such plans and specifications to the Mason County Engineer for review and
approval together with adequate exhibits depicting existing or proposed location of the utility facility
in relation to the road,including right-of-way or easement lines;relationship to currently planned
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road revisions,if applicable;and all locations and situations for which deviations in depth of cover
(including the proposed method of protection)or other locational standards that are anticipated;
C. All Work to utility facilities located within the road rights-of-way or other county
property subject to this franchise shall be done in such a manner as not to interfere, other than in
ways approved by the County,with the construction,operation and maintenance of other utilities,
public or private,drains,drainage ditches and structures,irrigation ditches and structures,located
therein,nor with the grading or improvements of such County roads,rights-of-way or other County
property;
D. The owners and operators of all utility facilities (public or private) installed in the
Franchise Area or other county property prior in time to the utility facilities of the Franchisee,shall
have preference as to the alignment and location of such utilities so installed with respect to the
Franchisee. Such preference shall continue in the event of the necessity of relocating or changing
the grade of any such county road or right-of-way;
E. Franchisee shall perform the Work and operate its utility facilities in a manner that
minimizes interference with the use of the road rights-of-way by others,including others that may be
installing utility facilities; and
F. The County may require that Franchisee's utility facilities be installed at a particular time,
at a specific place, or in a particular manner as a condition of access to a particular road
right-of-way; may deny access if a Franchisee is not willing to comply with the County's
requirements; and may remove, or require removal of, any utility facility that is not installed in
compliance with the requirements established by the County, or which is installed without prior
County approval of the time,place,or manner of installation and charge the Franchisee for all the
costs associated with removal; and may require Franchisee to cooperate with others to minimize
adverse impacts on the road rights-of-way through joint trenching and other arrangements.
G. The County may inspect the utility facilities at any time reasonable under the
circumstances to ensure compliance with this franchise and applicable law,including to ensure that
the utility facilities are constructed and maintained in a safe condition. If an unsafe condition is
found to exist, the County, in addition to taking any other action permitted under applicable law,
may order the Franchisee,in writing,to make the necessary repairs and alterations specified therein
forthwith to correct the unsafe condition on a time-table established by the County which is
reasonable in light of the unsafe condition. The County has the right to correct,inspect,administer,
and repair the unsafe condition if the Franchisee fails to do so, and to charge the Franchisee
therefore. The right of the County to conduct such inspections and order or make repairs shall not be
construed to create an obligation therefore,and such.obligation to construct and maintain its utility
facilities in a safe condition shall at all times remain the sole obligation of the Franchisee.
H. When required by the County,Franchisee shall make information available to the public
regarding any work involving the ongoing installation,construction,adjustment,relocation,repair or
maintenance of its utility facilities sufficient to show(1)the nature of the work being performed;
(2)where it is being performed;(3)its estimated completion date;and(4)progress to completion.
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L FRANCHISEE IS PLACED ON NOTICE THAT FIBER OPTIC,COMMUNICATIONS,
POWER, CONTROL SYSTEMS, OTHER TYPES OF CABLES, AND PIPELINES MAY BE
BURIED ON THE RIGHT OF WAY. Before beginning any underground work,Franchisee will
contact the appropriate personnel to have such facilities located and make arrangements as to
protective measures that must be adhered to prior to the commencement of any work within the
Road rights-of-way. In addition to the liability terms elsewhere in this Agreement,Franchisee shall
indemnify and hold the County and its elected and appointed officers, employees and agents
harmless against and from all cost,liability,and expense whatsoever(including,without limitation,
attorney's fees and court costs and expenses)arising out of or in any way contributed to by any act
or omission of Franchisee, its contractor, agents and/or employees, that cause or in any way or
degree contribute to(1) any damage to or destruction of any such facilities by Franchisee,and/or its
contractor, agents and/or employees, on the County's property, (2)any injury to or death of any
person employed by or on behalf of any entity,and/or its contractor,agents and/or employees,on the
road rights-of-way,and/or(3)any claim or cause of action for alleged loss of profits or revenue,or
loss of service,by a customer or user of services or products of such company(ies) (collectively
"Liabilities" for purposes of this Section V.I). The only Liabilities with respect to which
Franchisee's obligation to indemnify the County and its elected and appointed officers,employees
and agents does not apply are Liabilities to the extent arising out of,caused by or resulting from the
negligence of the County, and its elected and appointed officers, employees and agents and
Liabilities that by law the County and its elected and appointed officers,employees and agents for
which the County cannot be indemnified.
J, Franchisee shall continuously be a member of the State of Washington one number locator
service under RCW 19.122, or an approved equivalent, and shall comply with all such applicable
rules and regulations.
K. Except in the event of emergency as described below,Franchisee and its Agents may not
enter upon the Franchise Area to perform work for which a utility permit is not required,unless and
except upon two-business days notice to the County Engineer.
L. In the event of an emergency involving the threat of imminent harm to persons or
property, and for purposes of taking immediate corrective action, Franchisee and its agents may
enter the Franchise Area without advance notice to the County as long as such entry is for the sole
purpose of addressing the emergency;provided however,that if any entry for such purposes would
require issuance of a utility permit,Franchisee shall give the County verbal or telephonic notice of
the places where and the manner in which entry is required prior to such entry,promptly followed by
written notice. In all cases,notice to the County shall be given as far in advance as practical prior to
entry or as soon as practicable after entry upon the road right-of-Way.
M. Franchisee shall promptly reimburse the County for their reasonable and direct costs
incurred in responding to an emergency that is caused, created by or attributable to the presence,
construction,maintenance,repair,or operation of the Franchisees utility facilities in the road rights-
of-way.
N. K during installation,construction,relocation,realignment,adjustment,maintenance,or
repair of the Franchisee's utility facilities in the road rights-of-way,Franchisee or its agents discover
5
scientific or historic artifacts,Franchisee shall immediately notify the County of said discovery and
shall protect such artifacts in a manner as specified by the County. Any such artifact shall be the
property of the County if the County wishes to own it.
VI. PROTECTION OF PUBLIC
All work done under this franchise shall be done in a thorough and workman-like manner. In the
performance of Work within or near the road rights-of-way, including without limitation, the
opening of trenches and the tunneling under county roads,rights-of way or other county property,
the Franchisee shall leave such trenches,ditches and tunnels in such a way as to interfere as little as
possible with public travel and shall take all due and necessary precautions to guard the same,so that
damage or injury shall not occur or arise by reason of such Work;and where any of such trenches,
ditches and tunnels are left open at night,the Franchisee shall place warning lights,barricades and
other appropriate protective devices at such a position as to give adequate warning of such Work.
The Franchisee shall be liable for any injury to person or persons or damage to property sustained
arising out of its carelessness or neglect,or through any failure or neglect to properly guard or give
warning of any trenches,ditches or tunnels dug or maintained by the Franchisee.
VII. POLICE POWERS
The County of Mason,in granting this franchise,does not waive any rights which it now has or may
hereafter acquire with respect to county roads, rights-of-way or other county property and this
franchise shall not be construed to deprive the county of any powers,rights or privileges which it
now has or may hereafter acquire to regulate the use of and to control the county roads,rights-of-
way and other county property covered by this franchise. The County retains the right to administer
and regulate activities of the Franchisee up to the fullest extent of the law. The failure to reserve a
particular right to regulate,or reference a particular regulation,shall not be interpreted by negative
implication or otherwise to prevent the application of a regulation to the Franchisee.
VIII. RELOCATION
Franchisee shall, in.the course of any Work,comply with the following requirements:
A. The Franchisee shall,by a time specified by the County,protect, support,temporarily
disconnect,relocate,or remove any of its utility facilities when required by the County by reason of
traffic conditions;public safety;road right-of-way construction;road right-of-way repair(including
resurfacing or widening);change ofroad right-of-way grade;construction,installation,or repair of
County-owned sewers,drains,water pipes,power lines,signal lines,tracks,communications system,
other public work, public facility, or improvement of any government-owned utility; road
right-of-way vacation;or for any other purpose where the County work involved would be aided by
the removal or relocation of the utility facilities. Collectively,such matters are referred to below as
the"public work."
Franchisee acknowledges and understands that any delay by Franchisee in performing the herein
described work may delay, hinder, or interfere with the work performed by the County and its
6
contractors and subcontractors done in furtherance of such Public Work and result in damage to the
County,including but not limited to,delay claims. Franchisee shall cooperate with the County and
its contractors and subcontractors to coordinate such Franchisee work to accommodate the Public
Work project and project schedules to avoid delay, hindrance of, or interference with the Public
Work. The County of Mason shall make available to the Franchisee a copy of the Six Year
Transportation Program and the County's annual construction program after adoption each year. It
is anticipated these programs will aid the utility in planning construction programs.
B. Franchisee has a duty to protect its utility facilities from work performed by the County
within the road rights-of-way. The rights granted to the Franchisee herein do not preclude the
County of Mason, its employees, contractors, subcontractors, and agents from blasting, grading,
excavating, or doing other necessary road work contiguous to Franchisee's utility facilities;
providing that, the Franchisee shall be given a minimum of forty-eight (48) hours notice of said
blasting or other work in order that the Franchisee may protect its utility facilities.
C. In the event of an emergency,or where the utility facility creates or is contributing to an
imminent danger to health, safety, or property, the County may protect, support, temporarily
disconnect,remove,or relocate any or all parts of the utility facility without prior notice,and charge
the Franchisee for costs incurred.
D. If any Person that is authorized to place facilities in the road right of way requests the
Franchisee to protect,support,temporarily disconnect,remove,or relocate the Franchisee's utility
facilities to accommodate the construction,operation,or repair of the facilities of such other person,
the Franchisee shall, after 30 days' advance written notice, take action to effect the necessary
changes requested;provided that,if such project is related to or competes with Franchisee's service,
or if the effect of such changes would be to permanently deprive Franchisee of the beneficial
enjoyment of this franchise for its intended purposes through interference with the operation of
Franchisee's utility facilities or otherwise, Franchisee shall not be required to relocate its utility
facilities. Unless the matter is governed by a valid contract or a state or federal law or regulation,or
unless the Franchisee's utility facilities were not properly installed,the reasonable cost of the same
shall be borne by the Person requesting the protection,support,temporary disconnection,removal,or
relocation at no charge to the County,even if the County makes the request for such action.
E. The Franchisee shall, on the request of any person holding a valid permit issued by a
governmental authority,temporarily raise or lower its wires to permit the moving of buildings or
other objects. The expense of such temporary removal or raising or lowering of wires shall be paid
by the person requesting the same.
The County of Mason will accept liability for direct and actual damages to said Franchisee that are
the result of the negligence of Mason County, its trustees, officers, employees, contractors,
subcontractors or agents while performing County improvement or Public Works projects
enumerated in the original franchise agreement under Section VIII,paragraph B. Direct and actual
damages are specifically limited to physical damage to properly installed and located infrastructure
of the Franchisee and the cost to repair such physical damage. Mason County retains the right to
7
assert all applicable defenses in the event of a dispute including contributory negligence on the part
of the Franchisee. Mason County shall in no way be liable for incidental damages claimed to arise
from such actions.
All Work to be performed by the Franchisee under this section shall pass the inspection of the
County Engineer. The Franchisee shall pay all costs of and expenses incurred in the examination,
inspection and approval of such work.
IX. PRESERVATION OF MONUMENTS/MARKERS
Before any work is performed under this franchise which may affect any existing monuments or
markers of any nature relating to subdivisions,plats,roads and all other surveys,the Franchisee shall
reference all such monuments and markers. The reference points shall be so located that they will
not be disturbed during the Franchisee's operations under this franchise. The method of referencing
these monuments or other points to be referenced shall be approved by the County Engineer. The
replacement of all such monuments or markers disturbed during construction shall be made as
expeditiously as conditions permit,and as directed by the County Engineer. The cost of monuments
or other markers lost, destroyed, or disturbed, and the expense of replacement by approved
monuments shall be borne by the Franchisee.
A complete set of reference notes for monument and other ties shall be filed with the office of the
Mason County Engineer.
X. VACATION OF ROAD RIGHT-OF-WAY
If at any time the County shall vacate any County road,right-of-way or other County property which
is subject to rights granted by this franchise and said vacation shall be for the purpose of acquiring
the fee or other property interest in said road,right-of-way or other county property for the use of
Mason County,in either its proprietary or governmental capacity,then the Board of Mason County
Commissioners may,at its option,and by giving thirty(30)days written notice to the Franchisee,
terminate this franchise with reference to such county road,right-of-way or other county property so
vacated,and the County of Mason shall not be liable for any damages or loss to the Franchisee by
reason of such termination. It has been the practice of Mason County to reserve easements for
utilities at the time of road vacation,and will continue to be the practice until such time the Board of
Mason County Commissioners direct a change of practice.
XI.FINANCIAL SECURITY
A. Insurance Except as otherwise provided herein,Franchisee shall maintain for itself and
the County,throughout the entire period any part of Franchisee's utility facilities are located in the
Franchise Area,adequate insurance to protect the Parties and their elected and appointed officers,
agents,employees against all of County's and Franchisee's liability arising out of Franchisee's use
and occupancy of the Franchise Area or any part thereof. This obligation shall require the
Franchisee to maintain insurance at least in the following amounts:
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1. COMMERCIAL GENERAL LIABILITY insurance to cover liability,bodily
injury, and property damage. The Commercial General Liability insurance shall be written on an
occurrence basis,with an aggregate limit location endorsement for the Franchise Area, and shall
provide coverage for any and all costs, including defense costs,and losses and damages resulting
from personal injury,bodily injury and death,property damage,products liability and completed
operations. Such insurance shall include blanket contractual coverage,including coverage for the
Franchise as now or hereafter amended and specific coverage for the indemnity provisions set forth
herein. Coverage must be written with the following limits of liability:
Bodily and Personal Inj=&PrgR=Dainnee
$ 1,000,000 per Occurrence
$2,000,000 aggregate
2 WORKERS' COMPENSATION insurance shall be maintained to comply with
statutory limits for all employees,and in the case any work is sublet,the Franchisee shall require its
contractors and subcontractors similarly to provide workers' compensation insurance for all the
employees. The Franchisee shall also maintain,during the life of this policy,employer's liability
insurance;provided that this obligation shall not apply to any time period during which Franchisee
has no employees. The following minimum limits must be maintained:
Workers'Compensation Statutory
Employer's Liability $ 1,000,000 each occurrence
3.COMPREHENSIVE AUTO LIABILITY insurance shall include owned,hired,and
non-owned vehicles operated by Franchisee employees on an occurrence basis with coverage of at
least$2,000,000 per occurrence.
If the Franchisee,its contractors,or subcontractors do not have the required insurance,the County
may require such entities to stop operations until the insurance is obtained and approved.
Certificates of Insurance reflecting evidence of the required insurance and approved by the County's
Risk Manager for the GENERAL LIABILITY policies described above, shall be sent to the
County's risk manager. The certificate shall be filed with the acceptance of the franchise, and
annually thereafter,and as provided below. All coverage shall be listed all on one certificate with
the same expiration dates.
The certificates shall contain a provision that coverages afforded under these policies will not be
canceled until at least 30 days'prior written notice has been given to the County.
In the event that the insurance certificate provided indicates that the insurance shall terminate or
lapse during the period of the franchise,then,in that event,the Franchisee shall furnish,at least 30
days prior to the expiration of the date of such insurance,a renewed certificate of insurance as proof
that equal and like coverage has been or will be obtained prior to any such lapse or termination
during the balance of the period of the franchise.
9
The County reserves the right, during the term of the franchise, to require any other insurance
coverage or adjust the policy limits as it deems reasonably necessary utilizing sound risk
management practices and principals based upon the loss exposures.
Each insurance policy required pursuant to this franchise shall be primary and non-contributing as
respects any coverage maintained by the County and shall include an endorsement reflecting the
same. Any other coverage maintained by County shall be excess of this coverage herein defined as
primary and shall not contribute with it. The certificate of insurance must reflect that the above
wording is included in all such policies.
Each insurance policy obtained pursuant to this franchise shall be issued by financially sound
insurers who may lawfully do business in the State of Washington with a financial rating at all times
during coverage of no less than rating of"A" and a class of"X"or better in the latest edition of
"Best's Key Rating Guide" published by A.M. Best Company, or such other financial rating or
rating guide approved in writing by the County's risk manager. In the event that at any time during
coverage,the insurer does not meet the foregoing standards,Franchisee shall give prompt notice to
the County and shall seek coverage from an insurer that meets the foregoing standards. The County
reserves the right to change the rating or the rating guide depending upon the changed risks or
availability of other suitable and reliable rating guides.
Comprehensive general liability insurance policies and coverage obtained pursuant to this franchise
shall include an endorsement(standard ISO form CG 24-17)deleting all exclusions for work or
incidents occurring within any distance from a railroad track or railroad property, or on, over, or
under a railroad track.
Insurance policies required pursuant to this franchise shall have no non-standard exclusions unless
approved of by the County Risk Manager or designee.
Commercial general liability insurance policies obtained pursuant to this franchise shall name the
County as an additional insured without limitation,pursuant to an endorsement approved of by the
County's Risk Manager or designee.
Franchisee and Franchisee's Contractors' insurers,through policy endorsement, shall waive their
rights of subrogation against the County for all claims and suits. The certificate of insurance must
reflect this waiver of subrogation rights endorsement.
Commercial General Liability Insurance policies and coverage required herein of public utility
operators may include a reasonable deductible or self-insured retention;provided,however,that as to
any Loss or Damage covered as provided herein,if Franchisee elects to include any deductible or
self-insured retention,Franchisee shall itself directly cover,in lieu of insurance,any and all County
liabilities that would otherwise in accordance with the provisions of this Franchise be covered by
Franchisee's insurance if Franchisee elected not to include a deductible or self-insured retention.
Such direct coverage by Franchisee shall be in an amount equal to the amount of Franchisee's actual
deductible or self-insured retention. Franchisee shall be required to provide a certification of self-
insurance retention to the county in a form and content acceptable to the county engineer.
10
B. Performance/Payment Bond. At the same time Franchisee provides its acceptance of this
Franchise, the Franchisee shall, if required by the County Engineer, provide a performance and
payment bond to ensure the full and faithful performance of all of its responsibilities under this
franchise and applicable rules,regulations and ordinances,including,by way of example,but not
limited to,its obligations to relocate and remove its utility facilities,to restore the road rights-of-way
and other property when damaged or disturbed, and to reimburse the County for its costs. The
amount of the performance and payment bond shall be for ZERO ($0). The amount of the bond,or
cash deposit as described below,may be adjusted by the County every five years from the date of
execution of this franchise,to take into account cumulative inflation or increased risks to the County.
The Franchisee may be required to obtain additional bonds in accordance with the County's ordinary
practices. The bond shall be in a form with terms and conditions acceptable to the County and
reviewed and approved by the County Engineer. The bond shall be with a surety with a rating no
less than"A V in the latest edition of"Bests Key Rating Guide,"published by A.M.Best Guide.
The Franchisee shall pay all premiums or costs associated with maintaining the bond,and shall keep
the same in full force and effect at all times.If Franchisee fails to provide or maintain the bond,then
the County,in its sole discretion,may require Franchisee to substitute an equivalent cash deposit as
described below in lieu of the bond.
Franchisee,may at its election or upon order by the County, substitute an equivalent cash deposit
instead of a performance and payment bond. This cash deposit shall ensure the full and faithful
performance of all of Franchisee's responsibilities hereto under this Permit and all applicable laws,
rules,regulations or ordinances. This includes,but is not limited to,its obligations to relocate or
remove its facilities,restore the road rights-of-way and other property to their original condition,
reimbursing the County for its costs,and keeping Franchisee's insurance in full force.
The County shall notify Franchisee in writing, by certified mail, of any default and shall give
Franchisee thirty(30)days from the date of such notice to cure any such default. In the event that
the Franchisee fails to cure such default to the satisfaction of the County, the County may, at its
option,forfeit the entire amount of the cash deposit or draw upon the cash deposit up to the amount
of the County's costs incurred to cure Franchisee's default. Upon the County's cure of Franchisee's
default,the County shall notify Franchisee in writing of such cure.
In the event that the County draws upon the cash deposit or forfeits the same, Franchisee shall
thereupon replenish the cash deposit to the full amount as specified herein or provide a replacement
performance and payment bond.
Before any Work commences in the road right-of-way, the County Engineer may require the
operator to provide a performance and payment bond for each separate project in an amount to be
determined by the County Engineer, but not less than five hundred dollars, written by a surety
company acceptable to the County Risk Manager and authorized to do business in the state of
Washington. The purpose of the bond is to insure completion of construction, including the
restoration of surfacing,slopes,slope treatment,topsoil,landscape treatment,and drainage facilities,
and cleanup of rights-of-way, and payment of costs incurred by the County to enforce the
requirements of this Chapter. The performance and payment bond shall be in place for a period
11
ending not more than one year after the date of completion.
A project specific performance bond shall not be required in the event that the franchisee has in
place a blanket performance bond and,when required,a payment bond,maintained pursuant to the
requirements of this franchise.
A performance and payment bond for work in the road right-of-way will not be required of the
United States Government or any of its agencies or of any municipal corporation or department
of the state of Washington and its local subdivisions.
C. Limitation of Liability. To the fullest extent permitted by law,the Franchisee shall,and
shall cause its contractor(s) to release, indemnify, defend and hold harmless the county and the
county's legal representatives,officer(elected or),appointed)employees and agents(collectively,
"indemnitees")for,from and against any and all claims,liabilities,fines,penalties,cost,damages,
losses, liens, causes of action, suits, demands, judgments and expenses (including, without
limitations, court costs, attorneys' fees and costs of investigation, removal and remediation and
governmental oversight costs),Environmental or otherwise(collectively"liabilities")of any nature,
kind,or description,of any person or entity,directly or indirectly,arising out of,resulting from,or
related to(in whole or in part):
1. this franchise;
2. any rights or interests granted pursuant to this franchise;
3. franchisee's occupation and use of the road right of way;
4. franchisee's operation of its utility facilities;
5. the presence of utility facilities within the right of way;
6. the environmental condition and status of the road right-of-way caused by,
aggravated by, or contributed to,in whole or in part,by franchisee or its agents; or
7. The acts,errors,or omissions of third parties when arising out of the installation,
construction,adjustment,relocation,replacement,removal,or maintenance of such third party utility
facilities within the road rights-of-way when such work is performed under authority of the
operator's utility permit or at the direction or under the control of the operator; or
8. any act or omission of franchisee or franchisee's agents;
The only liabilities with respect to which franchisee's obligation to indemnify the indemnitees do not
apply are liabilities to the extent arising out of, caused by or resulting from the negligence of the
county, its officers, agents, employees or contractors and liabilities that by law the indemnities
cannon be indemnified for.
12
Upon written notice from the county,franchisee agrees to assume the defense of any lawsuit or other
proceeding brought against any indemnitee by any entity,relating to any matter covered by this
franchise for which franchisee has an obligation to assume liability for and/or save and hold
harmless any indemnitee.Franchisee shall pay all cost incident to such defense,including,but not
limited to,attorneys'fees,investigators' fees,litigation and appeal expenses, settlement payments
and amounts paid in satisfaction of judgments. Franchisee will fully satisfy said judgment within
ninety(90)days after said suit or action shall have finally been determined if determined adversely
to Mason County. Upon the Franchisee's failure to satisfy said judgment within the ninety(90)day
period,this franchise shall at once cease and terminate.
Acceptance by the County of any Work performed by the Franchisee at the time of completion shall
not be grounds for avoidance of this covenant.
XII. FRANCHISE NONEXCLUSIVE
This franchise shall not be deemed to be an exclusive franchise. It shall in no manner prohibit the
County of Mason from granting other utilities under,along,across,over and upon any of the County
roads,rights-of-way or other County property subj ect to this franchise and shall in no way prevent or
prohibit the County of Mason from constructing,altering,maintaining or using any of said roads,
rights-of-way,drainage structures or facilities,irrigation structures or facilities,or any other county
property or affect its j urisdiction over them or any part of them with full power to make all necessary
changes,relocations,repairs,maintenance,etc.,the same as the county may deem fit.
XIII. SUCCESSORS AND ASSIGNS
All the provisions,conditions,regulations and requirements herein contained shall be binding upon
the successors and assigns of the Franchisee,and all privileges,as well as all obligations and liability
of the Franchisee, shall ensure to its successors and assigns equally as if they were specifically
mentioned wherever the Franchisee is mentioned. Any reference in this franchise to a specifically
named party shall be deemed to apply to any successor,heir,administrator, executor or assign of
such party who has acquired its interest in compliance with the terms of this franchise,or under law.
XIV. TRANSFER/ASSIGNMENT
Franchisee may assign or transfer this franchise after prior written notice to County of Mason and
assignee's written commitment,in a form and content approved by the County Prosecutor,delivered
to County of Mason,that assignees shall thereafter be responsible for all obligations of Franchisee
with respect to the franchise and guaranteeing performance under the terms and conditions of the
franchise and that transferee will be bound by all the conditions of the franchise and will assume all
the obligations of its predecessor. Such an assignment shall relieve the Franchisee of any further
obligations under the franchise, including any obligations not fulfilled by Franchisee's assignee;
provided that,the assignment shall not in any respect relieve the Franchisee,or any of its successors
in interest,of responsibility for acts or omissions,known or unknown,or the consequences thereof,
which acts or omissions occur prior to the time of the assignment. No franchise or master road use
permit may be assigned or transferred without filing or establishing with the county the insurance
13
certificates and performance bond as required pursuant to this franchise.
XV. ANNEXATION
Whenever any of the County roads, rights-of-way or other county property as designated in this
franchise,by reason of the subsequent incorporation of any town or city,or extension ofthe limits of
any town or city,shall fall within the city or town limits and shall by operation of law or otherwise
terminate in respect to the said roads,rights-of-way or other county property so included with city or
town limits; this franchise shall continue in force and effect to all county roads, rights-of-way or
other county property not so included in city or town limits.
XVI. REVOCATIONIREMEDIES
A. Revocation. In addition the right to revoke this franchise as set forth in Title 12 of the
Mason County Code, if the Franchisee shall willfully violate, or fail to comply with any of the
provisions of this franchise through willful or unreasonable neglect or fail to heed or comply with
any notice given the Franchisee under the provision of this grant, then Franchisee shall forfeit all
rights conferred hereunder and this franchise may be revoked or annulled,after a public hearing by
the Board of County Commissioners. The Franchisee shall not be relieved of any of its obligations
to comply promptly with any provision of this franchise by reason of any failure of the County to
enforce prompt compliance, and the County's failure to enforce shall not constitute a waiver of
rights or acquiescence in the Licensee's conduct.
Subject to the required consent, adjudication, permission or authorization of a federal or state
regulatory agency with jurisdiction over the subject matter, upon revocation of the franchise,the
County may require the Franchisee to remove its utility facilities from any road rights-of-way,and
restore such road right-of-way to its same or better condition as existed just prior to such removal,or
de-commission and abandon such utility facilities in place in whole or in part and in a manner
approved by the County Board of Commissioners. If the Franchisee fails to remove utility facilities
that the County requires it to remove,the County may perform the work and collect the cost thereof
from the Franchisee. The actual cost thereof,including direct and indirect administrative costs,shall
be alien upon all utility facilities of the Franchisee within the franchise Area effective upon filing of
the lien with the Mason County Auditor.
B. Remedies. The County has the right to exercise any and all of the following remedies,
singly or in combination,in the event of Default. "Default"shall mean any failure of Franchisee or
its agents to keep,observe,or perform any of Franchisee's or its agent's duties or obligations under
this franchise:
1. Damages. Franchisee shall be liable for any and all damages incurred by County.
2. Specific Performance. County shall be entitled to specific performance of each
and every obligation of Franchisee under this franchise without any requirement to prove or establish
that County does not have an adequate remedy at law. Franchisee hereby waives the requirement of
any such proof and acknowledges that County would not have an adequate remedy at law for
14
Franchisee's commission of an Event of Default hereunder.
3. Injunction. County shall be entitled to restrain, by injunction, the actual or
threatened commission or attempt of an Event of Default and to obtain a judgment or order
specifically prohibiting a violation or breach of this Agreement without, in either case, being
required to prove or establish that County does not have an adequate remedy at law. Franchisee
hereby waives the requirement of any such proof and acknowledges that County would not have an
adequate remedy at law for Franchisee's commission of an Event of Default hereunder.
4. Alternative Remedies. Neither the existence of other remedies identified in this
franchise nor the exercise thereof shall be deemed to bar or otherwise limit the right of the County to
commence an action for equitable or other relief, and/or proceed against Franchisee and any
guarantor for all direct monetary damages, costs and expenses arising from the Default and to
recover all such damages,costs and expenses,including reasonable attorneys' fees.Remedies are
cumulative; the exercise of one shall not foreclose the exercise of others.
XVII. SUBSEQUENT ACTION
In the event that after this franchise becomes effective, (a) there is a change in the law which
broadens the authority of the County of Mason or the Franchisee with respect to any act permitted or
authorized under this franchise; or (b)the County of Mason or the Franchisee believe that
amendments to this franchise are necessary or appropriate, then the County of Mason and the
Franchisee agree to enter into good faith negotiations to amend this franchise so as to enable the
Parries to address, in a manner reasonably acceptable to all Parties, such change or other
development which formed the basis for the negotiations. The Parties recognize that the purpose of
the negotiations would be to preserve, to the maximum extent consistent with law, the scope and
purpose of this franchise.
Mason County reserves for itself the right at any time upon ninety(90) days written notice to the
Franchisee, to so change, amend, modify or amplify any of the provisions or conditions herein
enumerated to conform to any state statute or county regulation, relating to the public welfare,
health,safety or highway regulation,as may hereafter be enacted,adopted or promulgated and this
franchise may be terminated at such time a public hearing is held by the Board of County
Commissioners,and the Franchisee's utility facilities are found not to be operated or maintained in
accordance with such statute or regulation.
XVIII. ACCEPTANCE
Franchisee shall execute and return to the County of Mason a signed acceptance of the franchise
granted hereunder. The acceptance shall be in the form of the acceptance attached hereto as Exhibit
"A", and in accepting the franchise, Franchisee warrants that it has carefully read the terms and
conditions of this franchise and accepts all of the terms and conditions of this franchise and agrees to
abide by the same and acknowledges that it has relied upon its own investigation of all relevant facts,
that it has had the assistance of counsel, that it was not induced to accept a franchise, that this
franchise represents the entire agreement between the Franchisee and the County of Mason.In the
is
event the Franchisee fails to submit the countersigned ordinance and acceptance as provided for
herein within the time limits set forth in this section,the grant herein is and shall become null and
void.
XIX. MISCELLANEOUS PROVISIONS
A. Controlling Law/Venue. Any disputes concerning the application or interpretation of any
of the provisions of this franchise shall be governed by the laws of the State of Washington. Venue
of any action or arbitration brought under this franchise shall be in Mason County,Washington or
the Western District of Washington if an action is brought in federal court,provided,however,that
venue of such action is legally proper.
B. Liens. Franchisee shall promptly pay and discharge any and all liens arising out of any
Work done, suffered or permitted to be done by Franchisee on any Franchise Area.
C. Waiver. No waiver by either party of any provision of this franchise shall in any way
impair the right of such party to enforce that provision for any subsequent breach, or County of
Mason's right to enforce all other provisions of this franchise.
D.Attorney's Fees. If any action at law or in equity is necessary to enforce or interpret the
terms of this franchise,the substantially prevailing Party or Parties shall be entitled to reasonable
attorney's fees,costs and necessary disbursements in addition to any other relief to which such Party
or Parties may be entitled
E. Amendment. This franchise may be amended only by a written contract signed by
authorized representatives of Franchisee and County of Mason.
F. Severability. If any provision of this franchise is held to be illegal, invalid or
unenforceable under present or future laws,such provision will be fully severable and this franchise
will be construed and enforced as if such illegal,invalid or unenforceable provision is not a part
hereof, and the remaining provisions hereof will remain in full force and effect. In lieu of any
illegal,invalid or unenforceable provision herein,there will be added automatically as a part of this
franchise; a provision as similar in its terms to such illegal, invalid or unenforceable provision as
may be possible and be legal,valid and enforceable.
G. Joint and Several Liability. Franchisee acknowledges that, in any case in which
Franchisee and Franchisee's Contractors are responsible under the terms of this franchise, such
responsibility is joint and several as between Franchisee and any such Franchisee's Contractors;
provided that,the Franchisee is not prohibited from allocating such liability as a matter of contract.
H. Notices. Any notice contemplated, required, or permitted to be given under this
franchise shall be sufficient if it is in writing and is sent either by: (a)registered or certified mail,
return receipt requested;or(b)a nationally recognized overnight mail delivery service,to the Party
and at the address specified below,except as such Party and address may be changed by providing
notice to the other Party no less than thirty (30) days' advance written notice of such change in
16
address.
Franchisee: ORCHARD BEACH COMMUNITY GROUP
1217 SW ORCHARD ST
SEEATTL.E,WA 9898106
Attn: TAME JAMES LODER, SEC/TRE
Grantor: County of Mason Public Works
100 Public Works Drive
Shelton,WA 98584
I. Approvals. Nothing in this franchise shall be deemed to impose any duty or obligation
upon the County of Mason to determine the adequacy or sufficiency of Franchisee's plans and
specifications or to ascertain whether Franchisee's proposed or actual construction, testing,
maintenance,repairs,replacement,relocation,adjustment or removal is adequate or sufficient or in
conformance with the plans and specifications reviewed by the County of Mason. No approval
given,inspection made,review or supervision performed by the County of Mason pursuant to this
franchise shall constitute or be construed as a representation or warranty express or implied by
County of Mason that such item approved, inspected, or supervised, complies with laws, rules
regulations or ordinances or this franchise or meets any particular standard,code or requirement,or
is in conformance with the plans and specifications,and no liability shall attach with respect thereto.
County and inspections as provided herein, are for the sole purpose of protecting the County of
Mason's rights as the owner or manager of the road rights-of-way and shall not constitute any
representation or warranty,express or implied,as to the adequacy of the design,construction,repair,
or maintenance of the utility facilities, suitability of the Franchise Area for construction,
maintenance,or repair of the utility facilities,or any obligation on the part of the County of Mason
to insure that work or materials are in compliance with any requirements imposed by a governmental
entity. County of Mason is under no obligation or duty to supervise the design, construction,
installation, relocation, adjustment, realignment, maintenance, repair, or operation of the utility
facilities.
J. Force Majeure. Neither Party hereto shall be liable to the other Party for any failure to
perform an obligation set forth herein to the extent such failure is caused by war,act of terrorism or
an act of God,provided that such.Party has made and is making all reasonable efforts to perform
such.obligation and minimize any and all resulting loss or damage.
K. Construction. All pronouns and any variations thereof shall be deemed to refer to the
masculine,feminine or neuter,singular or plural,as the identity of the Party or Parties may require.
The provisions of this franchise shall be construed as a whole according to their common meaning,
except where specifically defined herein,not strictly for or against any party and consistent with the
provisions contained herein in order to achieve the objectives and purposes of this franchise.
17
L. Incorporation by Reference. All exhibits annexed hereto at the time of execution of this
franchise or in the future as contemplated herein,are hereby incorporated by reference as though
fully set forth herein.
M. Calculation of Time. All periods of time referred to herein shall include Saturdays,
Sundays,and legal holidays in the State of Washington,except that if the last day of any period falls
on any Saturday,Sunday,or legal holiday in the State of Washington,the period shall be extended to
include the next day which is not a Saturday,Sunday,or legal holiday in the State of Washington.
N. Entire Agreement. This franchise is the full and complete agreement of County of Mason
and Franchisee with respect to all matters covered herein and all matters related to the use of the
Franchise Area by Franchisee and Franchisee's Contractors,and this franchise supersedes any and
all other agreements of the Parties hereto with respect to all such matters, including, without
limitation, all agreements evidencing the franchise.
O. No Recourse. Without limiting such immunities as the County or other persons may have
under applicable law,Franchisee shall have no monetary recourse whatsoever against the County or
its officials,boards, commissions, agents, or employees for any loss or damage arising out of the
County's exercising its authority pursuant to this Franchise or other applicable law.
P. Responsibility for Costs. Except as expressly provided otherwise,any act that Franchisee
is required to perform under this franchise shall be performed at its cost. If Franchisee fails to
perform work that it is required to perform within the time provided for performance,the County
may perform the work and bill the Franchisee. The Franchisee shall pay the amounts billed within
30 days.
Q. Work of Contractors and Subcontractors. Work by contractors and subcontractors is
subject to the same restrictions, limitations, and conditions as if the work was performed by the
Franchisee. The Franchisee shall be responsible for all work performed by its contractors and
subcontractors,and others performing work on its behalf,under its control,or under authority of its
utility permit,as if the work were performed by it and shall ensure that all such work is performed in
compliance with this franchise, Title 12 MCC,the Manual and other applicable law, and shall be
jointly and severally liable for all damages and correcting all damage caused by them. It is the
Franchisee's responsibility to ensure that contractors,subcontractors,or other Persons performing
work on the Franchisee's behalf are familiar with the requirements of the franchise,Title 12 MCC,
the Manual,and other applicable laws governing the work performed by them.
R. Survival of Terms. Upon the expiration, termination, revocation or forfeiture of the
franchise,the Franchisee shall no longer have the right to occupy the franchise area for the purpose
of providing services authorized herein. However,the Franchisee's obligations under this franchise
to the County shall survive the expiration, termination, revocation or forfeiture of these rights
according to its terms for so long as the Franchisee's utility facilities shall remain in whole or in part
in the road rights of way. By way of illustration and not limitation, Franchisee's obligations to
indemnify, defend and hold harmless the County,provide insurance and a performance/payment
bond pursuant to Section XI and Franchisee's obligation to relocate its utility facilities pursuant to
18
Section VIII, shall continue in effect as to the Franchisee, notwithstanding any expiration,
termination,revocation or forfeiture of the franchise,except to the extent that a County-approved
transfer,sale,or assignment of the utility system is completed,and another entity has assumed full
and complete responsibility for the utility system or for the relevant acts or omissions.
S. Warranties. By acceptance of this franchise,Franchisee warrants:
1. That Franchisee has full right and authority to enter into and perform this
Franchise in accordance with the terms hereof,and by entering into or performing this Franchise,
Franchisee is not in violation of its charter or by-laws,or any law,regulation,or agreement by which
it is bound or to which it is subject; and
2. That the execution,delivery,and performance of this Franchise by Franchisee has been duly
authorized by all requisite Board/Commission action, that the signatories for Franchisee of the
acceptance hereof are authorized to sign this Franchise,and that the joinder or consent of any other
party, including a court, trustee, or referee, is not necessary to make valid and effective the
execution,delivery,and performance of this Franchise and acceptance.
DATED at Shelton,Washington this day of 20_.
BOARD OF COMMISSIONERS
APPROVED: MASON COUNTY,WASHINGTON
County Engineer Chair
Approve as to form:
Vice Chair
Chief D.P.A.
Commissioner
19
Exhibit A
ACCEPTANCE OF FRANCHISE
Ordinance No. 115-06, effective November 14, 2006.
I, Erika E. Aust , am the Vice-President of Orchard Beach Community Group
and am the authorized representative to accept the above-referenced franchise on behalf of
Orchard Beach Community Group .
I certify that this franchise and all terms and conditions thereof are accepted by
Orchard Beach Community Group ,without qualification or reservation.
DATED this 8th day of September ,2021 .
FRANCHISEE
By:
Its: ice-President
Tax Id. No. 91-0982163
STATE OF��_� )
ss.
COUNTY OF h�, S a )
I certify that I know or have satisfactory evidence that YiA AVIS+- is the
person who appeared before me,and said person acknowledged that heVa's
signed this instrument,on oath stated
that he/dwas authorized to execute the instrument and acknowledged the VI Q- P raS i ak_4+ of
the(5 v'Ll. *,J We w_k (s,"vy to be the free and voluntary act of such party for the uses and
purposes mentioned in
the instrument.
Dated:
r
NOTARY PUBLIC Notary blic
STATE OF1W81MNOTON Print Name
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MEGM GOUX MITH My commission ex ores 5 1T-1-012,4L 3
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MAY 20 2023
A
EXHIBIT B
Description of Franchise Area
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xhibit B Description of Franchise Area
B