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2022/01/24 - Briefing Packet
MASON COUNTY COMMISSIONER BRIEFING INFORMATION FOR THE WEEK OF January 24, 2022 In the spirit of public information and inclusion, the attached is a draft of information for Commissioner consideration and discussion at the above briefing. This information is subject to change, additions and/or deletion, and is not all inclusive of what will be presented to the Commissioners. Please see draft briefing agenda for schedule. �`�5ot1 CoU�r o IS 4 � To be in compliance with Proclamation by the Governor 20-25.14 and Order of the Secretary of Health 20- 03.3, in-person attendance is restricted. Our Commission meetings are live streamed at hM://www.masonwebtv.com/and we will accept public comment via email msmith(&masoncouniywa.gov;or mail to Commissioners Office,411 North 51'Street, Shelton,WA 98584;or call 360-427-9670 ext.419. If you need to listen to the Commission meeting via your telephone,please provide your telephone number to the Commissioners' office no later than 4 p.m.the Friday before the meeting. BOARD OF MASON COUNTY COMMISSIONERS DRAFT BRIEFING MEETING AGENDA 411 North Fifth Street, Shelton WA 98584 Week of January 24, 2022 Monday Noon WA State Association of Counties Zoom Meeting* Virtual Assembly Monday and Thursday 8:00 A.M. Area Command Meeting* Public Works Meeting Room A 100 Public Works Way *This is being noticed as a Special Commission Meeting because a quorum of the Mason County Commission may attend this event and notification is provided per Mason County Code Chapter 2.88.020-Special Meetings Monday,January 24,2022 Commission Chambers Times are subject to change,depending on the amount of business presented 9:00 A.M. Closed Session—RCW 42.30.140(4)Labor Negotiation 9:30 A.M. Sheriff s Office—Undersheriff Adams 9:45 A.M. Support Services—Mark Neary 10:15 A.M. Treasurer—Lisa Frazier 10:25 A.M. Community Services—Dave Windom 10:55 A.M. Public Works—Loretta.Swanson Utilities&Waste Management 11:05 A.M. WSU Extension—Dan Teuteberg Commissioner Discussion—as needed Friday,January 28,2022 Ridge Motorsports Park 1060 W Eells Hill Road, Shelton, WA 98584 9:00 A.M. Joint meeting with the City of Shelton and the Port of Shelton Briefing Agendas are subject to change,please contact the Commissioners'Office for the most recent version. Last printed 01/19/22 at 3:49 PM If special accommodations are needed,contact the Commissioners'office at Shelton(360)427-9670 ext.419 MASON COUNTY BRIEFING ITEM SUMMARY FORM To: Board of Mason County Commissioners From: Travis Adams, Undersheriff Department: MCSO Ext: 622 Briefing Date: Previous Briefing Dates: If this is a follow-up briefing, please provide only new information Internal Review (please check all that apply): ® Budget/Finance ® Human Resources ❑ Legal ❑ Information Technology ❑ Other— please explain Item Request a Community Service Officer position be added to the MCSO FTEs to work at the North Precinct in Belfair. Executive Summary: (If applicable, please include available options and potential solutions) The Sheriffs North End office in Belfair has been running with volunteers since its inception. The pool of volunteers is shrinking which is making it more difficult to keep that office open to serve the north end constituents. The MCSO would like to recruit and hire for someone to field customer questions as well as assist deputies and volunteers in routine tasks. Budget Impact: Cost for this position would be approximately $79,000 per year in wages and benefits. Public Outreach: (Include any legal requirements, direct notice, website, community meetings, etc.) None Recommended/Requested Action: Add to next available commission meeting agenda for a vote to approve adding the FTE to the MCSO count. Attachments: Job Description .fA9oN CCu�rA MASON COUNTY CIVIL SERVICE COMMISSION Y POSITION DESCRIPTION hff4 Title: Community Service Officer Department: Sheriff's Office Affiliation: IWA Reports to: Division Chief or Designee Salary Range: According to the current signed Supervises/Directs: None labor contract Risk Class: 1501-00 Job Class: 3017 Exempt_ Non Exempt X Civil Service Commission Approval Date: Elected Official/Human Resources Approval 2/21/2019 Date: 2/21/2019 GENERAL DESCRIPTION An incumbent in this entry-level position performs a variety of basic non-enforcement tasks such as service of civil process subpoenas, crime prevention duties, alternative sentencing programs and other non-enforcement duties as required. Work is performed independently, but may be reviewed for thoroughness, accuracy, and conformance to established policies and procedures. Incumbents must possess ability to use sound, independent judgment. This classification specification reflects the general concept and intent of the classification and should not be construed as a detailed statement of all the work requirements that may be inherent in the position. ESSENTIAL JOB FUNCTIONS- (any one position may not include all duties listed, nor do the examples include all tasks that may be performed in positions of this class.) Prepares, processes, and files items for record management, property room and evidence systems. Serves civil process subpoenas. Communicates clearly and effectively by phone, radio and in person with people from all racial, ethnic and economic backgrounds. Participates in the establishment of and maintains procedures pertaining to the operations of the section. Testifies in court. Performs crime prevention and other non-enforcement duties. Operates calculators, computers, and other specialized equipment as required by the duties of the position. Performs field compliance checks on Alternative Sentencing participants. Conducts application interviews. Supervises community inmate labor programs. Attends training and obtains required certifications as directed. Regular, reliable and punctual attendance. Est.01.20.2011/Rev 1-02.16.2017/Rev 2-2.21.2019 Performs all jail control room functions. Perform the physical requirements of the position; work within the established working conditions of the position. DISTINGUISHING FEATURES • Incumbents are expected to understand the principles and practices of law enforcement work. • Possess knowledge of applicable sections of the Washington State Law. • Incumbents are expected to quickly and objectively recognize actual and potential problems and determine proper courses of action. • Incumbents are expected to function with considerable independence and have latitude in exercising independent judgment within the framework of existing policies and procedures. • Work is performed under general supervision and is reviewed periodically for adequacy and accuracy of records, reports, and functions. WORKING CONDITIONS Work is performed both indoors or outdoors dependent on position. Lifting of records, reports, tools and equipment may be required, usually not in excess of 50 pounds. May be required to deliver items and operate county vehicles. Physical hazards may occur occasionally when dealing with hostile clients. QUALIFICATIONS • Must be at least 21 years of age at time of appointment. • Must possess a valid Washington State Driver's License. • Pursuant to RCW 41.14.100, must be a US citizen and be able to read and write the English language. • Must possess a high school diploma or GED. • Acceptable scores on Civil Service examinations. • Ability to pass a background investigation which includes a polygraph exam and/or behavioral assessments. REQUIRED TRAINING FOR THIS POSITION: Sexual Harassment& Discrimination—Annually Blood Bourne Pathogens—Annually Smart Risk Management—Once Slip, Trip and Fall—Annually Safe Lifting Practices—Annually FEMA IS 100.c and 700.b All employee's-Once REGULAR MONITORED DRIVER: X Yes No DEFENSIVE DRIVING-ALL ANNUALLY: Basics R is for Reverse Intersections Reduce Winter Weather Accidents General Auto Risk Program for Drivers Est. 01.20.2011/Rev 1-02.16.2017/Rev 2-2.21.2019 Additional job specific trainings may be issued at a later date. Civil Service Commission Signature of Approval: u Date: Date: 4 Date: Elected Official 1 Hu an Resources Signature of Approval: Date: ;1 I have read and understand the above position description: Employee Name: Date: Employee Signature: Est. 01.20.2011/Rev 1-02.16.2017/Rev 2-2.21.2019 MASON COUNTY BRIEFING ITEM SUMMARY FORM To: Board of Mason County Commissioners From: Ryan Spurling, Chief of Patrol Department: Sheriff's Office Ext: 313 Briefing Date: January 24, 2022 Previous Briefing Dates: None If this is a follow-up briefing, please provide only new information Internal Review (please check all that apply): ❑ Budget/Finance ® Human Resources ❑ Legal ❑ Information Technology ® Other — please explain Item: Authorization to double fill positions after receiving official retirement notice. Executive Summary: (If applicable, please include available options and potential solutions) There are eight deputies who have expressed an interest in retiring from the Sheriff's Office in 2022. Eight people would represent an entire shift of patrol and traffic deputies. Adding to this potential pressure is training. It takes between six and eighteen months to train a Patrol deputy from the day they start to the day they are able to be out on their own. Additionally, the Sheriff's Office typically has a difficult time finding and hiring qualified candidates to fill its open positions but at times there are candidates willing to transfer. The issue can be that we don't have enough open positions to hire them all. The solution would be to double fill a position when there is documentation that a deputy is planning to retire. This solution has been reviewed and approved by the county Civil Service Coordinator and was on the agenda for the Civil Service Board meeting held on January 20, 2022. Budgetpact: The amount would be dependent on the amount of time the position is filled by two people. Based on past years' difficulty in hiring, we believe we can cover the expense with existing salary and benefit budget authority. Public Outreach: (Include any legal requirements, direct notice, website, community meetings, etc.) None Recommended/Requested Action: Authorize the SO to hire more than one deputy to fill a single position when there are qualified candidates and documented notification(s) of retirement. Attachments: None CO Mason County Administrator OK U ire 411 North 5th Street Shelton, WA 98584 360.427.9670 ext. 419 Y /JK.Sl MASON COUNTY COMMISSIONER BRIEFING ITEMS FROM ADMINISTRATOR January 24, 2022 • Specific Items for Review o Status of Mason County Coroner appointment— Diane o Status of Parks Comp Plan update— Diane o Contract with Bob Droll for RCO application process?— Diane o Applicants for the Mason Transit Authority (continued from January 10)— Diane o Vehicle Fleet changes— Kelly Frazier/Jenn o December Financials—Jennifer o American Rescue Plan Act (ARPA) funding— New guidelines for the enforcement of Title VI, Civil Rights Act of 1964—Jenn o Request from PUD#1 to re-allocate remaining ARPA funding for Customer Arrearages Due to COVID to Fiber Deployment project along the Hwy 101 corridor—Mark o Chat option in Commissioner Zoom meetings/briefings— Mark o January 28 joint meeting with City of Shelton and Port of Shelton @ The Ridge (reminder) — Mark • Commissioner Discussion J:\DLZ\Briefing Items\2022\2022-01-24.docx MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Diane Zoren DEPARTMENT: Central Services EXT: 747 BRIEFING DATE: January 24, 2022 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEM: Appointment of Coroner EXECUTIVE SUMMARY: Mason County Coroner Wes Stockwell submitted his letter of resignation as the elected Coroner effective January 1, 2022. Jaime Taylor is serving as acting Coroner. The authority to fill vacancies is set forth in both the WA State Constitution, Article II, section 15 and RCW 36.16.110. It requires the Commissioners to appoint a replacement from a list of three candidates nominated by the county party to which the former official belonged. Coroner Stockwell belonged to the Democratic party and the following three candidates have been submitted for the Commissioners' consideration: 1) Jaime Taylor; 2) Ross Gallagher; 3) John Piety BUDGET IMPACTS: None RECOMMENDED OR REQUESTED ACTION: If the Commissioners wish to interview the candidates, it is recommended to schedule interviews on Monday, January 31 and make a selection at the February 1 Commission meeting. Briefing Summary 1/18/2022 Diane Zoren From: McKenzie Smith Sent: Thursday, January 13, 2022 12:07 PM To: Kevin Shutty; Sharon Trask; Randy Neatherlin Cc: Mark Neary; Diane Zoren Subject: FW: Nominee for Mason County Coroner Attachments: John Piety Coroner App 1 2022.docx; Coroner Ross Gallagher 1 2022.docx;Jaime Taylor resu me.pdf Importance: High Good afternoon, Below is the recommendation from the Mason County Democrats to appoint Jaime Taylor as the Mason County Coroner. Warm regards, McKenzie Smith Clerk of the Board, Records Specialist Mason County Commissioners Office (360)427-9670 ext. 589 1 msmith(a_masoncoun1Ma.Qt ov http://www.masoncountna.gov "Please note: Mason County complies with the Public Records Act Chapter 42.56 RCN!As such, any e-mail sent to and/or from the County nzay be subject to public disclosure. From: Marilyn Corrigan <mkcorr87@gmail.com> Sent:Thursday,January 13, 2022 12:02 PM To: McKenzie Smith <MSmith@masoncountywa.gov> Subject: Nominee for Mason County Coroner Hello, Mason County Commissioners The Mason County Democrats have been notified of a vacancy for Mason County Coroner,we have advertised for applicants to fill the position, and we have included the endorsee of the departing Coroner,Wes Stockwell in that list. At our Mason County Democrats Central Committee meeting on Wednesday,January 12,we listened to the 3 candidates, and we voted on the order in which to recommend them to you. Here are our results: 1. Jaime Taylor, Deputy Coroner,Acting Mason County Coroner 2. Ross Gallagher, long time Political office holder and activist 3. John Piety, BA Biology, MBA, EMT and Administrative Experience We urge you to appoint Jaime Taylor at the earliest opportunity. We think she has been an asset to Mason County and will continue to do a great job for Mason County in this leadership role. Thank you and Marilyn Corrigan Chair, Mason County Democrats 1 JAIME TAYLOR BOARD CERTIFIED MEDICOLEGAL DEATH INVESTIGATOR ( ® OBJECTIVE EDUCATION I am a Nationally board-certified medicolegal death investigator with Shelton High School over 15 years of experience. My goals and aspirations are to further Graduated 1997 my career and become the Coroner of Mason County. I believe with my experience and knowledge I would be an asset to the citizens of South Sound Community College Mason County and serve them well. Trust, care, dignity, and Olympic Community College compassion for my community are my top priorities. 1998-2000 EXPERIENCE Kitsap County Coroner's Office TRAINING/ CERTIFICATES 5010 Linden St Bremerton, WA 98312 • ENTOMOLOGICAL EVIDENCE Deputy Coroner August 2011 to Present BASIC TRAINING FOR DEATH INVESTIGATORS Mason County Coroner's Office 426 W Cedar St Shelton,WA 98584 FORENSIC PATHOLOGY FOR Deputy Coroner INVESTIGATORS June 2006 to Present MEDICOLEGAL DEATH Job duties include death scene investigations, photography, witness INVESTIGATION interviews, forensic evidence collection, transportation of the . FORENSIC SCIENCES decedent, assisting the pathologist in autopsies, report writing, administration duties, next of kin notification,joint investigations with PRINCIPLES OF DEATH law enforcement, specimen collection, and analysis, certifying death INVESTIGATION certificates and other legal documents. . CHILD DEATH COMMUNICATION INVESTIGATION Communication is key when investigating death scenes and dealing • HOMICIDE& CRIME SCENE with grieving families. I can communicate calmly in a high-stress 0 DEVIANT SEXUAL BEHAVIORS and emotionally charged situation while having empathy, & DEATH INVESTIGATION compassion, and dignity. • ASPHYXIAL DEATH LEADERSHIP 0 FORENSIC FIRE EXPLOSION The experience I have gained from many years as Deputy Coroner DEATH has afforded me the opportunity to teach and train new death investigators coming into the field and act in a leadership role. I have also had great mentorships that have paved the way, allowing me to learn administration skills. These Skills include learning and 0 EMERGENCY MANAGEMENT& understanding budgets, payroll, billing, and how the office can run to INCIDENT COMMAND best suit our community while effectively doing our job. • AMERICAN BOARD OF REFERENCES MEDICOLEGAL DEATH Wes Stockwell - Mason County Coroner ( INVESTIGATORS Jeff Wallis - Kitsap County Coroner ( MENTAL HEALTH & Dr. Emanuel Lacsina — Forensic Pathologist ( Dr. Lindsey Harle — Forensic Pathologist ( AWARENESS FOR FIRST RESPONDERS Ross Gallagher 1 would like to add my name to fill a slate of 3 candidates for Mason County Coroner, to be forwarded to the Mason County Commissioners. I realize that I do not have the medical qualifications for this position. However, do have many years of service and support to Mason County. The following is a summary of my experience and contributions to Mason County. • Shelton Resident for 54 Years • Employed at Simpson Timber Company RR for 39 Years • Precinct Committee Officer • Chair of Mason County Democrats 1993 — 1997, 2018 • Shelton School Board — 3 terms • Mason County Commissioner, 2006 • Mason County Democrats Central Committee Treasurer 2019 to present • Current President and member 15 years of Shelton Kiwanis • Trained Election Observer • Jolly Jesters Theatre Group Treasurer Other activities include Karaoke, model railroad building, and drag racing. 1/09/2022 To: Marilyn Corrigan Chair, Mason County Democrats From: John Piety Subject: Mason County Coroner Application I believe it is important the position of Coroner remain with a Democrat, of which I have been for over 45 years. With this note I outline my qualifications as a candidate for the Coroner position. Foremost, I view the position is for an administrator. I have an MBA and retired after 20 years as the administrator for the Mechanical Engineering Department at the University of Washington. I am quite capable of managing a Mason County Department such as the Coroner's office. I am experienced with budgeting and the need to negotiate for a adequate share of the countie's funds to maintain this office as effectively as one can considering the limited resources. For about 20 years I was a volunteer firefighter/EMT for the Kitsap County Fire Department. My experience in Kitsap County is an asset when it comes to maintaining the close working relationship Mason Counties Coroner's office has with its Coroner' office.. Every Saturday, for most of the 20 years, I drove the firefighter ambulance with an EMT. Within a couple years the department hired their first paramedic in the county. During the week we would often drive with this individual during emergency calls,responding from home. During this time I had a number of opportunities to observe the coroners perform their duties. I have experienced a number of tragic and routine cases under these circumstances. In more cases than I like to consider I was the lead EMT on fatalities where the Coroner had to be notified. I am familiar with death and the concerns individuals must face in these conditions. I have no concerns working with these tragedies. I have a BS with a Biological Major, and am capable of handling the scientific and current methodology associated with the office of Coroner. I have volunteered with Harrison Hospital {currently CHI Franciscan} for over 15 years to help keep somewhat current with evolving medical and emergency procedures. I can be both compassionate and understanding in treating individuals who unfortunately must have a need to work with the Coroner. Thank you for your consideration in recommending I replace the current Comer's remaining term in office. MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Diane Zoren DEPARTMENT: Central Services EXT: BRIEFING DATE: January 24, 2022 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal ❑ Information Technology ❑ Other— please explain ITEM: Review of Parks Comprehensive Plan Update EXECUTIVE SUMMARY: The County entered into a services contract for the Mason County Parks and Recreation Comprehensive Plan update 2022— 2026 with Robert W. Droll, Landscape Architect, PS. (RWD Landscape Architects). The plan update will produce a 5-year comprehensive plan that can be interfaced into the County's Comprehensive Plan and will make Mason County eligible for WA State Recreation and Conservation Office (RCO) grant funding. This information will also be used to update the County Capital Facilities Plan. A draft plan will be available by the end of January. The 2013 Parks and Trails Comprehensive Plan can be viewed here: https://www.masoncountywa.gov/forms/parks/park plan.pdf RWD Landscape Architects conducted a parks survey and interactive virtual workshop to gather public input on what the community prioritizes for parks and recreation. The top comments from this survey included natural trails, maintain the existing parks/trails, water access. Survey results are attached or can be viewed here: https://masoncountywa.gov/forms/parks/parks-survey-results-12132021.pdf The Parks Advisory Board have met several times since August and have prioritized a list of capital improvement projects provided by RWD Landscape Architects. BUDGET IMPACT: RWD Landscape Architect contract($48K) and public hearing cost PUBLIC OUTREACH: Hold a public hearing on February 15 to consider public comment in the prioritization and adoption of the Parks and Recreation Comprehensive Plan Update. RECOMMENDED OR REQUESTED ACTION: Submit to staff your project priorities by February 1; brief again on February 7 in preparation of February 15 public hearing. ATTACHMENTS: Parks &Trails Capital Project Plan prioritized by the Parks Advisory Board Briefmg Summary 1/18/2022 1/18/2022 parkcostsummary 21024 Mason County Parks,Recreation,Open Space,&Trails Capital Improvement Costs-2021 Existing Parks County Foothills County Park $ 988 100.00 $ 123 900.00 $ 20 000.00 $ 786 600.00 $ 57 600.00 2 Latimer's Landing S 760 500.00 $ 540 000.00 $ S 220 500.00 $ I Mason County Recreation Area $ $1,500,000.00 $ 20 000.00 $ 7,165,800.00 $ 144 000.00 3 Mason Lake County Park $ 206 250.00 $ 206 250.00 $ $ $ I Sandhill County Park $ 7,141,341.42 $1,483,200.00 $ $ 5,496,141.42 S 162 000.00 1 Truman Glick Memorial Park $ 364 080.00 $ 241 690.00 $ $ 32 400.00 $ 90 000.00 2 Union Boat Ram $ 2,396,400.00 $ 110 400.00 $ $ 86 000.00 S 2 Union Park S 635 760.00 $ 45 000.00 $ S 590 760.00 S 2 Walker Park $ 1,188.D00.00 $ $ S 1,188,000.00 $ 3 Rendsland Park S 216 000.00 $ S $ 216 000.00 S I Menards Lending S 500 100.00 $ 244 00.00 $ S 255 600.00 S I Watson Wildwood $ 334 080.00 $ $ $ 144 000.00 $ 190 080.00 1 Oakland Bay $ 380 160.00 S $ $ $ 380 160.00 3 Jacoby Park $ 648 000.00 S $ $ 648 000.00 $ 3 Coulter Creek $ 2,124,000.00 $ 180 000.00 $ S 1,944,000.00 $ I Sunset Bluff $ 369,000.00 $ S $ 369,000.00 $ 3 Total Park Capital $4,674,930.00 S 40,000.00 $21,342,801.42 $ 1,023,840.00 Improvements New Parks/Trail Facilities Parka Advisory Board Priorities To be determined SHOULD BE PART Water Cooling Facility/Spray Court $ 15 000.00 $ 15 000.00 $ OF MASTER PLAN Shooting Range $ 30 000.00 $ 30 000.00 $ To be determined Lower Hood Canal Discovery Trail S 15 000.00 S 15 000.00 S 2 Shelton to Belfair Trail $ 20 000.00 $ 20 000.00 $ 1,3 Mason Lake to Twanoh State Park Tra $ 30 000.00 $ 30 000.00 $ I Belfair to Allyn Trail S 30 000.00 S 30 000.00 $ I Shelton to MCRA Trail $ 20 000.00 S 20 000.00 $ 3 North Bay Trail $ _ 20 000.00 $ 20 000.00 $ mown Camp Govey Trail $ 20,000.00 $ 20,000.00 $ unknown ;Total Park Capital $ 200.000.00 $ 200,000.00 Improvements Projects Proposed by other Mason County Public Agencies Water Wheel/Sweetwater Park Indoor Sports Complex Kennedy Creek Trail Extension Romance Trail Extension ADD PORT OF GRAPEVIEW PROJECT Robert W.Droll,Landscape Architect,PS page 1 360.456.3913 1/18/2022 Latimers 21024 Mason County Parks,Recreation, Open Space, & Trails Capital Improvement Costs - 2021 Mason County,WA Parks Advisory Latimer's Landing County Commisioner District 1 Board Priorities mobilization, contingency,taxes& Cost Item Item Total unit quantity unit cost subtotal escalation @ 50% 1 RENOVATION Replace Boarding Floats $ 450,000.00 is 1 $300,000.00 $ 300,000.00 $ 150,000.00 Al Renovation Subtotal $ 450,000.00 $ 300,000.00 $ 150,000.00 Design&Construction Administration $ 90,000.00 Renovation Total $ 540,000.00 2�,NIASTER PLAN $ - $ Master Plan Subtotal $ - $ - $ Design&Construction Administration $ - Master Plan Total $ - 31NE", FACILITIES Information kiosk $ 15,000.00 is 1 $ 10,000.00 $ 10,000.00 $ 5,000.00 Al Portable toilet enclosure $ 18,000.00 Is 1 $ 12,000.00 $ 12,000.00 $ 6,000.00 PORTABLE TOILET ON SITE Security Lighting $ 150,000.00 is 1 $100,000.00 Is 100,000.00 $ 50,000.00 B1 New Facilities Subtotal $ 183 750.00 $ 122 00.00 $ 61.250.00 Design&Construction Administration $ 36,750.00 New Facilities Total $ 220,500.00 4 $ $ - $ New Trails Subtotal $ - $ $ - Design&Construction Administration $ New Trails Total $ ProjectDevelopment 1 760,500.00 Recommendations by the Mason County Park and Recreation Board Capital Projects Priority by Planning Horizon Years Parks Board Priority within Planning Horizon Years A=0-6 years 1 Highest Priority B=6-12 years 2 Moderate Priority C=12-20 years 3 Low Priority Robert W.Droll,Landscape Architect,PS page 3 360.456.3813 1/182022 MCRA 21024 Mason County Parks,Recreation,Open Space,&Trails Capital Improvement Costs-2021 Mason County,WA Mason County Recreation Area(MCRA) County Commisioner District 3 mobilization, Parks Advisory contingency,taaes& Board Cast Item Item Total unit quantity unit coat subtotal escalation @ SO% Priorities I RENOVATION Synthetic Turf Infield-Field 41 $ 525,000.00 Is 1 $ 350,000.00 S 350,000.00 $ 175,000.00 Master Plan should drive the projects DONE Renovate damaged field turf S 45.000.00 each 5 S 6,00HE S 30,000.00 $ 15,000.00 Permanently attach park furniture $ 12,000.00 Is 1 S B:000.00 S 8 000,00 $ 4,000.00 DONE DONE Renovate field fence fabric $ 30,000.00 Is 1 S 20,000.00 S 20,000.00 S 10,000.00 Replace dugout trim board&add flashing S 42,000.00 each 14 S 2,020.00 $ 28,000.00 S 14,000.00 Replace field numbering S 5,250.00 each 7 S 500.00 $ 3,500.00 S 1,750.00 Renovate/expand rewroom $ 180,000.00 is 1 S 120,000.00 S 120,000.00 S 60,000.00 Al-2022 project Renovate batting cages S 75,000.00 Is 1 S 50,000.00 S 50,000.00 S 25,000.00 Pave hardscape adjacent to ballfields S 127,500.00 Is 1 S $5,000.00 S 85,000.00 S 42,500.00 Install curb around playground S 18,750.00 If 250 S 50.00 $ 12,500.00 S 6,250.00 Install synthetic turf rings for practice areas $ 52,500.00 each 10 $ 3,500.00 S 35,000.00 S 17,500.00 Repleeeersipt } .. - _ ..,. .__..,.. DONE New kiosk $ 15,000.00 Is 1 $ 10,000.00 $ 10,000.00 $ 5.000.00 Renovation Subtotal S 1,250,000.00 $ 350 000.00 S 175 000.00 Design&Construction Administration S 250,000.00 Renovation Total S 1,500,000.00 2 =PlanSubtotal S 20,000.00 is 1 S 20,000.00 S 20,000.00 At-THEN OTHER PROJECTS SHOULD S 20 000.00 S 20 000.00 $ FOLLOW Design&Construction Administration $ Master Plan Total S 20,000.00 3 Wayfmding signage S 7,500.00 Is I I$ 5,000.00 S 5,000.00 S 2,500.00 Canopy over bleachers S 840,000.00 each 14 S 40,000.00 S 560,000.00 S 280,000.00 Field Lights S 4,200,000.00 field 7 S 400,000.00 $ 2,800,000.00 S 1,400,000.00 Restroom Concession S - Is 1 $ - S - S Sprayground S Is 1 $ S S - Large Group Picnic Shelter S 210,000.00 Is 1 S 140,000.00 S 140,000.00 S 70,000.00 Perimeter Walk S 144,000.00 lIf 6,000 S 16.00 S 96,000.00 S 48,000.00 Dry RV Park--power for 15 RVs S 270,000.00 Ils 15 S 12,000.00 $ 180,000.00 $ 90,000.00 New mowers&grounds maintenance $ 300,000.00 1, 1 1 1 S 200,000.00 1 S 200,000.00 1$ 100,000.00 ui ment Project Development Subtotal SS 71 00.00 S 3,981,000.00 S 1,990,500.00 Design&Constmction Administration S 1,194,300.00 New Facilities Total $7,165,800.00 4 Perimeter Trail Development 1$ 120 000.00 Ilf 1 4,0001 S 20.00 1$ 80,000.00 1$ 40 000.00 Al New Trails Subtotal $ 120 000.00 S 80,000.00 s 40 000.00 D:: &Construction Administration S 2400000 New Trails Total S 144,000.00 Recommendations by the Mason County Park and Recreation Board Capital Projects Priority by Planning Horizon Years Parks Board Priority within Planning Horizon Years A=0-6 years 1 Highest Priority B=6-12 vears 2 Moderate Priority C=12-20 years 3 Low Priority Ruben W.Droll,Landscape Architect.PS page 4 360.456.3813 1/18/2022 Foothills 21024 Mason County Parks,Recreation,Open Space,&Trails Capital Improvement Costs-2021 Mason County,WA Foothills County Park County Commisioner District 2 mobilization, Parks Advisory contingency,taxes& Board Fc.st Item Item Total unit quantity unit cost subtotal escalation @ 50% Priorities 1 RENOVATION DONE Renovate&delineate parking arc, $ 90,000.00 each 1 S 60 000,00 S 60,000,00 $ 30,000.00 AI Lavin renovation S 11,250.00 sf 6,000 S 1.25 $ 7,500.00 S 3,750.00 A2 Renovation Subtotal S 103 250.00 s 69 00.00 S 33 750.00 Design&Construction Administration $ 20,650.00 Renovation Total S 123,900.00 MASTER PLAN Master Pian I S 20,000.00 Ils 1 1 $20.000.00 1 S 20,000.00 AI Master Plan Subtotal S 20 000.00 S 20 000.00 $ Design&Construction Administration S Master Plan Total $ 20,000.00 Nature trail signage S 6,000.00 each 5 S 800.00 $ 4,000.00 1 S 2,000.00 AI DELETE NEW �� 4- 5800:00 REMOVE STRUCTURE EXISTING PROJECT FROM STRUCTURE PLAN ADA Parking S 30,000.00 each I S 20,000.00 S 20,000.00 S 10,000.00 Al ADA Pathway from shelter to restroom S 15,000.00 Is I S 10,000.00 $ 10,000.00 $ 5.000.00 Al ADA Pathway from Puking to Playground $ 15,000.00 Is 1 S 10,000.00 S 10,000.00 $ 5,000.00 AI Irrigation system S 187,500.00 Is I $125,000.00 S 125,000.00 S 62,500.00 A2 Picnic tables&pads S�27,000.00 each 4 S 4,500.00 S 18,000.00 S 9,000.00 Al Dog Park fencing S000.00 is 1 S 30,000.00 S 30,000.00 S 15,000.00 BI onvert as et ourt to Pic e a S000.00 Is 1 S100,000.00 $ 100,000.00 $ 50,000.00 C New Facilities Subtotal S 655 00.00 S 307 000.00 S 153 500.00 Design&Construction Administration $ 131,100.00 New Facilities Total S 786,600.00 4 Nature trail development $ 48,000.00 If 1 2,0001$ 16.00 1 S 32,000.00 1 S T600.00 Al New Trails Subtotal S 48,000.00 $ 32,000.00 S Design&Construction Administration $ 9,600.00 New Trails Total S 57,600.00 ProjectDevelopnient Total Recommendations by the Mason County Park and Recreation Board Capital Projects Priority by Planning Horizon Years Parks Board Priority within Planning Horizon Years A=0-6 years 1 Highest Priority B=6-12 years 2 Moderate Priority C=12-20 years 3 Low Priority Robert W.Droll,Landscape Architect,PS page 2 360.456.3813 1/18/2022 Mason Lake 21024 Mason County Parks, Recreation, Open Space, & Trails Capital Improvement Costs - 2021 Mason County,WA Mason Lake County Park County Commisioner District 1 Parks mobilization, Advisory contingency,taxes& Board Cost Item Item Total unit quantity unit cost subtotal escalation @ 50% Priorities 1 RENOVATION Renovate restrooms $ 165,000.00 is 1 $ 110,000.00 $ 110,000.00 $ 55,000.00 A2 Small Shelter $ 120,000.00 is 1 $ 80,000.00 $ 80,000.00 $ 40,000.00 B2 Renovate/replace information kiosk $ 21,000.00 is 1 $ 14,000.00 $ 14,000.00 $ 7,000.00 B2 Renovation Subtotal $ 165,000.00 $ 204,000.00 $ 102 000.00 Design&Construction Administration $ 41,250.00 Renovation Total $ 206,250.00 2 MASTER PLAN $ - $ - $ - Master Plan Subtotal $ - $ _ $ _ Design&Construction Administration $ - Master Plan Total $ - 3 NEW FACILITIES $ $ - Renovation Subtotal $ Design&Construction Administration $ Renovation Total $ - 4 NEW TRAILS $ - $ - $New Trails Subtotal $ - $ _ $ _ Design&Construction Administration $ - New Trails Total $ - Project Development Total S 206,250.00 Recommendations by the Mason County Park and Recreation Board Capital Projects Priority by Planning Horizon Years Parks Board Priority within Planning Horizon Years A=0-6 years 1 Highest Priority B=6-12 years 2 Moderate Priority C=12-20 years 3 Low Priority Robert W.Droll,Landscape Architect,PS page 5 360.456.3813 1/18/2022 Sandhill 21024 Mason County Parks,Recreation,Open Space,& Trails Capital Improvement Costs-2021 Mason County,WA Sandhill County Park County Commisioner District 1 contingency, Parks taxes& Advisory quantit escalation Q Board Cost Item Item Total unit y unit cost subtotal 50% Priorities I RENOVATION Replace/renovate infield(field 3,4,5,&6) $ 210,000.00 each 4 $ 35,000.00 $ 140,000.00 $ 70,000.00 C1 Replace/renovate outfield(field 3,4,5,&6) $ 360,000.00 each 4 $ 60,000.00 $ 240,000.00 $ 120,000.00 Al Replace/renovate stands&bleachers $ 225,000.00 Is 1 $ 150,000.00 $ 150,000.00 $ 75,000.00 C1 Replace perimeter fencing $ 36,000.00 If 300 $ 80.00 $ 24,000.00 $ 12,000.00 Al Improve drainage(field 3) $ 52,500.00 each 1 S 35,000.00 $ 35,000.00 $ 17,500.00 Cl Resolve Draiange Issues®Field 4 1 $ 52,500.00 Its 1 1 $ 35,000.00 $ 35,000.00 S 17,500.00 Bl Repair tunnel acce 1$ 300,000.00 Ils I 1 $ 200,000.00 $ 200,000.00 $ 100,000.00 C3 Renovation Subtotal S 1,236,000.00 S 824,000.00 S 412 000.00 Design&Construction Administration $ 247,200.00 Renovation Total $ 1,483,200.00 2 NIASTER PLAN master plan I $ - lis 0 S JAI Master Plan Subtotal $ $ - S - Design&Construction Administration $ - Master Plan Total S - 3 Synthetic Football/Soccer Field with $ 3,196,492.20 Is I $ 2,130,994.80 $ 2,130,994.80 $ 1,065,497.40 Al New Playground $ 450,000.00 is 1 $ 300,000.00 $ 300,000.00 $ 150,000.00 Al Maintenance Shop $ 1,350,000.00 is 1 $ 900,000.00 $ 900,000.00 $ 450,000.00 Al Stairs to Fields 4,5,&6 $ 90,000.00 is 1 $ 60,000.00 $ 60,000.00 $ 30,000.00 A2 Sportsfield Lighting for Fields 4,5,&6 $ 1,912,500.00 each 3 $ 425,000.00 $ 1,275,000.00 $ 637,500.00 C3 Renovation Subtotal S 4,996,492.20 S 4,665,994.80 S 2,332,997.40 Design&Construction Administration $ 499,649.22 Renovation Total $ 5,496,141.42 4 on Perimeter Trail 1 $ 135,000.00 lif 1 3,6001$ 25.00 1 $ 90,000.070s 45,000.00 132 New Trails Subtotal S 135 000.00 S 90,000.00 s 45,000.00 Design&Construction Administration $ 27,000.00 New Trails Total $ 162,000.00 ProjectDevelopment t Recommendations by the Mason County Park and Recreation Board Capital Projects Priority by Planning Horizon Years Parks Board Priority within Planning Horizon Years A=0-6 years 1 Highest Priority B=6-12 years 2 Moderate Priority C=12-20 years 3 Low Priority Robert W.Dro0,Landscape Architect,PS page 6 360.456.3813 1/18/2022 Truman Glick 21024 Mason County Parks,Recreation, Open Space, & Trails Capital Improvement Costs - 2021 Mason County,WA Truman Glick Memorial Park County Commisioner District 2 Parks mobilization, Advisory contingency,taxes& Board Cost Item Item Total unit quantity unit cost subtotal escalation @ 50% Priorities i Basketball/Pickleball Court $ 180,000.00 is 1 $ 120,000.00 $ 120,000.00 $ 60,000.00 131 Replace paflE envy 9 }1 3,0000 Refill playground wood chips $ 3,600.00 cy 30 $ 80.00 $ 2,400.00 $ 1,200.00 2022 project Shelter pad-level with surrounding grade $ 15,000.00 Is 1 $ 10,000.00 $ 10,000.00 $ 5,000.00 Al Re-paint entrance gate $ 1,800.00 Is 1 $ 1,200.00 $ 1,200.00 $ 600.00 Al Renovation Subtotal $ 201,400.00 $ 134,600.00 $ 66,800.00 Design&Construction Administration $ 40,280.00 Renovation Total $ 241,680.00 2 NIASTER PLAN master plan I $ - is 0 $ - $ - Master Plan Subtotal $ - $ - $ Design&Construction Administration $ - Master Plan Total $ - 3 NENN FACILITIES New picnic tables $- 15,000.00 seek 41 $-2,s.�A(l-W I $ 10,00n nn $ 5,000.00 REMOVE FROM LIST $_--1 A6�A6 is 1 41 y 8,000.^S 4,000. REMOVE FROM LIST New Facilities Subtotal $ 27 000.00 $ 18,000.00 $ 9000.00 Design&Construction Administration $ 5,400.00 New Facilities Total $ 32,400.00 4 interpretive trails and signage 1 $ 75 000.00 Ils 1 1 $ 50 000.00 1 $ 50 000.00 1 $ 25 000.00 JAI New Trails Subtotal $ 75,000.00 $ 50,000.00 $ 25.000.00 Design&Construction Administration $ 15 000.00 New Trails Total $ 90 000.00 ProjectDevelopment 1 364,080.00 Recommendations by the Mason County Park and Recreation Board Capital Projects Priority by Planning Horizon Years Parks Board Priority within Planning Horizon Years A=0-6 years 1 Highest Priority B=6-12 years 2 Moderate Priority C=12-20 years 3 Low Priority Robert W.Droll,Landscape Architect,PS page 7 360.456.3813 1/18/2022 Union Boat Ramp 21024 Mason County Parks,Recreation,Open Space,&Trails Capital Improvement Costs-2021 Mason County,WA Union Boat Ramp County Commisioner District 2 Parks mobilization, Advisory contingency,taxes& Board Cost Item Item Total unit quantity unit cost subtotal escalation @ 50% Priorities 1 RENOVATION B-NEEDS DISCUSSION Pave access drive $ 90,000.00 Is 1 $ 60,000.00 $ 60,000.00 $ 30,000.00 BETWEEN ALL PARTIES- STATE.COUNTY Replace park entry sign $ 2,000.00 is 1 $ 2,000.00 $ 2,000.00 Renovation Subtotal $ 92,000.00 $ 62 000.00 $ 30,000.00 Design&Construction Administration $ 18,400.00 Renovation Total $ 110,400.00 2iMA master plan I$ - ]s 0 $ $ Al Master Plan Subtotal $ $ $ Design&Construction Administration $ - Master Plan Total S - 3 Portable toilet enclosure $ 15,000.00 each I $ 10,000.00 $ 10,000.00 $ 5,000.00 B-NEEDS DISCUSSION Pier/Dock/Boat Launch $ 1,800,000.00 Is 1 $1,200,000.00 $ 1,200,000.00 $ 600,000.00 BETWEEN ALL PARTIES- STATE,COUNTY Gangway $ 90,000.00 Is 1 $ 60,000.00 $ 60,000.00 $ 30,000.00 New Facilities Subtotal $ 1,905,000.00 $ 1,270 000.00 $ 635,000.00 Design&Construction Administration $ 381,000.00 New Facilities Total S 2,286,000.00 4 $ 0 $ $ $ New Trail Subtotal S $ $ Design&Construction Administration $ - New Trails Total $ Project Development I Recommendations by the Mason County Park and Recreation Board Capital Projects Priority by Planning Horizon Years Parks Board Priority within Planning Horizon Years A=0-6 years I Highest Priority B=6-12 years 2 Moderate Priority C=12-20 years 3 Low Priority Robert W.Droll,Landscape Architect,PS page 8 360.456.3813 1/18/2022 Union 21024 Mason County Parks,Recreation,Open Space,&Trails Capital Improvement Costs-2021 Mason County,WA Union Park County Commisioner District 2 ra rks mobilization, Advisory contingency,taxes& Board Cost Itcm Item Total unit quantity unit cost subtotal escalation @ 50% Priorities IRENOVATION PicklebaU Striping on Basketball Court,New $ 37,500.00 Is 1 $ 25,000.00 $ 25,000.00 $ 12,500.00 Net Al Renovation Subtotal $ 37 500.00 S 25 000.00 $ 12,500.00 Design&Construction Administration $ 7,500.00 Renovation Total S 45,000.00 $ Is 1 1 $ $ Master Plan Subtotal $ S $ Design&Construction Administration $ - Master Plan Total $ - 3 WMITRYM ADA Parking $ 45,000.00 is I $ 30,000.00 $ 30,000.00 $ 15,000.00 Al Playground Rtouutte to Restroom,Shelter& $ 52,500.00 is 1 $ 35,000.00 $ 35,000.00 $ 17,500.00 Al Large Shelter&Lighting $ 330,000.00 is I $220,000.00 $ 220,000.00 $ 110,000.00 A3 Dog Park Enclosure $ 64,800.00 if 720 $ 60.00 $ 43,200.00 $ 21,600.00 B3 New Facilities Subtotal S 492 00.00 $ 328 200.00 164 100.00 Design&Construction Administration $ 98,460.00 New Facilities Total S 590,760.00 1 4 $ 01 $ $ - 1$ New Trail Subtotal $ S $ Design&Construction Administration $ New Trails Total $ - ProjectDevelopment t Recommendations by the Mason County Park and Recreation Board Capital Projects Priority by Planning Horizon Years Parks Board Priority within Planning Horizon Years A=0-6 years 1 Highest Priority B=6-12 years 2 Moderate Priority C=12-20 years 3 Low Priority Robert W.Droll,Landscape Architect,PS page 9 360.456.3813 1/18/2022 Walker 21024 Mason County Parks,Recreation,Open Space,&Trails Capital Improvement Costs-2021 Mason County,WA Walker Park County Commisioner District 3 mobilization, Parks contingency,taxes Advisory &escalation @ Board Cost Item Item Total unit quantity unit cost subtotal 50% Priorities 1 NOTE-RESTROOM RENOVATION IN $ $ 2022 Renovation Subtotal S S - S - Design&Construction Administration S Renovation Total S 2 a S $ Master Plan Subtotal $ S S Design&Construction Administration $ - Master Plan Total $ 3 Basketball/Pickleball Court $ 240,000.00 Is 1 S 160,000.00 $ 160,000.00 $ $0,000.00 Al Renovate Picnic Shelter $ 210,000.00 each 2 $ 70,000.00 S 140,000.00 $ 70,000.00 Al Picnic Shelter Sink&Counter $ 75,000.00 is I S 50,000.00 s 50,000.00 S 25,000.00 B2 ADA Parking,ADA Route to Shelter&Play S 90,000.00 Is 1 S 60,000.00 S 60,000.00 S 30,000.00 B2 Area New Water Fountain S 15,000.00 is 1 S 10,000.00 S 10,000.00 $ 5,000.00 132 Beach access-pathway&stairs $ 60,000.00 Is 1 S 40,000.00 S 40,000.00 S 20,000.00 A2 Overflow Parking 1$ 300,000.00 Ils I 1 S 200,000.00 S 200,000.00 S 100,000.00 g3 New Facilities Subtotal S 990 000.00 $ 460 000.00 $ 230 000.00 Design&Construction Administration S 198,000.00 New Facilities Total S 1,188,000.00 4 S - 0 $ $ S 7il Subtotal s S S Design&Construction Administration $ New Trails Total $ - ProjectIment Total S 1,188,000.00 Recommendations by the Mason County Park and Recreation Boardn Capital Projects Priority by Planing Horizon Years Parks Board Priority within Planning Horizon Years A=0-6 years I Highest Priority B=6-12 years 2 Moderate Priority C=12-20 years 3 Low Priority Robert W.Droll,LAndscape Architect,PS page 10 360.456.3813 1/18/2022 Rendsland 21024 Mason County Parks,Recreation, Open Space, & Trails Capital Improvement Costs - 2021 Mason County,WA Rendsland Park County Commisioner District 1 Parks mobilization, Advisory contingency,taxes& Board Cost Item Item Total unit quantity unit cost subtotal escalation @ 50% Priorities 1 RENOVATION $ - $ Renovation Subtotal $ Design&Construction Administration $ Renovation Total $ - 2 $ - $ - Master Plan Subtotal $ - Design&Construction Administration $ - Master Plan Total $ - 3 NENN FACILITIES Picnic shelter I $ 120,000.00 Ils 1 1 $ 80,000.00 $ 80000.00 $ 40,000.00 A2 Beach access-pathway&stairs I $ 60,000.00 Ils 1 1 $ 40,000.00 1 $ 40:000.00 $ 20,000.00 C3 New Facilities Subtotal $ 180,000.00 $ 120,000.00 $ 60 000.00 Design&Construction Administration $ 36,000.00 New Facilities Total $ 216,000.00 4 $ - 0 $ - $ - $New Trail Subtotal $ - $ - $ - Design&Construction Administration $ - New Trails Total $ - Project Development Total $ 216,000.00 Recommendations by the Mason County Park and Recreation Board Capital Projects Priority by Planning Horizon Years Parks Board Priority within Planning Horizon Years A=0-6 years 1 Highest Priority B=6-12 years 2 Moderate Priority C=12-20 years 3 Low Priority RWD Landscape Architects page 11 360A56.3813 1/18/2022 Menards Landing 21024 Mason County Parks,Recreation,Open Space, &Trails Capital Improvement Costs-2021 Mason County,WA Menards Landing County Commisioner District 1 Parks mobilization, Advisory contingency,taxes& Board Cost Item Item Total unit quantity unit cost subtotal escalation(Qa 50% Priorities 1 Improve Hand Carry Boat Launch $ 20,000.00 Is 1 $ 20,0010.00 $ 20,000.00 B2 Renovate/replace kiosk $ 12,000.00 Is 1 $ 8,000.00 $ 8,000.00 $ 4,000.00 B2 00 e€ �—�-00 �---- 00 $ z�".�0 REMOVE-N/A 5--4N REMOVE-DONE R� S l0 300�6 Is $ 7,000.00 $ ,000.00 S 3,309-N REMOVE-N/A Reconfigure entrances $ 45,000.00 Is 1 $ 30,000.00 $ 30,000.00 $ 15,000.00 Cl $ 11,;30.00 Is 4 S ;39&00 S ;'500.09 $ 3;730.0o REMOVE-N/A Utility shaek new reef&-� 5-�009&0 is 4. $ 30,009.00 S--go'(wo 00 S 13,000.00 REMOVE-N/A Replace chain link fence with new barrier $ 45,000.00 If 500 $ 60.00 $ 30,000.00 $ 15,000.00' B2 Renovation Subtotal S 203,750.00 $ 142,500.00 $ 61.250.00 Design&Construction Administration $ 40,750.00 Renovation Total $ 244,500.00 2 Faster plan $ Is 1 $ - $ - Master Plan Subtotal S $ $ Design&Construction Administration $ Master Plan Total S - 3 Interpretive signage $ 18,000.00 Is 1 $ 12,000.00 $ 12,000.00 $ 6,000.00 Al Picnic shelter $ 180,000.00 is 1 $ 120,000.00 $ 120,000.00 $ 60,000.00 C3 Beach access-pathway&stairs $ 15,000.00 Is 1 $ 10,000.00 $ 10,000.00 $ 5,000.00 Al New Facilities Subtotal $ 213 000.00 $ 142 000.00 S 71000.00 Design&Construction Administration $ 42,600.00 New Facilities Total S 255,600.00 4 $ - 0 $ $ $ New Trail Subtotal S S S Design&Construction Administration $ - New Trails Total $ Project Development Recommendations by the Mason County Park and Recreation Board Capital Projects Priority by Planning Horizon Years Parks Board Priority within Planning Horizon Years A=0-6 years 1 Highest Priority B=6-12 years 2 Moderate Priority C=12-20 years 3 Low Priority RWD Landscape Architects page 12 360.456.3813 1/18/2022 Watson 21024 Mason County Parks, Recreation, Open Space, & Trails Capital Improvement Costs - 2021 Mason County,WA Watson Wildwood County Commisioner District 1 rarks mobilization, Advisory contingency,taxes& Board Cost Item Item Total unit quantity unit cost subtotal escalation @ 50% Priorities 1 $ !Is - Renovation Subtotal $ - $ - $ - Design&Construction Administration $ Renovation Total $ - 2�MASTER PLAN $ ils I $ - Master Plan Subtotal $ - $ - $ - Design&Construction Administration $ - Master Plan Total $ - 3,NEW FACILITIES Disc Golf $ 45,000.00 Ils 1 $ 30,000.00 $ 30,000.00 $ 15,000.00 C2 Single Vault Toilet $ 75,000.00 Ils 1 1 $ 50,000.00 1 $ 50,000.00 1 $ 25,000.00 C2 New Facilities Subtotal $ 120,000.00 $ 80,000.00 $ 40,000.00 Design&Construction Administration $ 24,000.00 New Facilities Total $ 144,000.00 4 1 NEW TRAILS Mountain Bike Trails- 1 mile $ 158,400.00 Ilf 1 5,280 $ 20.00 1 $ 105,600.00 $ 52,800.00 A3 New Trail Subtotal $ 158,400.00 $ 105,600.00 $ 52,800.00 Design&Construction Administration $ 31,680.00 New Trails Total $ 190,080.00 Project Development I:I II Recommendations by the Mason County Park and Recreation Board Capital Projects Priority by Planning Horizon Years Parks Board Priority within Planning Horizon Years A=0-6 years 1 Highest Priority B=6-12 years 2 Moderate Priority C=12-20 years 3 Low Priority RWD Landscape Architects page 13 360.456.3813 1/18/2022 Oakland Bay 21024 Mason County Parks, Recreation, Open Space, & Trails Capital Improvement Costs - 2021 Mason County,WA Oakland Bay County Commisioner District 3 YarKs contingency,taxes Advisory &escalation @ Board Cost Item Item Total unit quantity unit cost subtotal 50% Priorities 1 RENOVATION $ - Is 0 $ - $ - Renovation Subtotal $ - $ - $ - Design&Construction Administration $ - Renovation Total $ - 2 MASTER PLAN $ - lis 1 0 $ 1 $ - Master Plan Subtotal $ - $ - $ - Design&Construction Administration $ - Master Plan Total $ - 3 NEW FACILITIES Interpretive signage $ - 0 $ - $ - $New Facilities Subtotal $ - $ - $ - Design&Construction Administration $ - New Facilities Total $ - 41 NEW TRAILS Interpretive Trail $ 316,800.00 11f 1 5,2801 $ 40.00 1 $ 211,200.00 $ 105,600.00 A2 New Trails Subtotal $ 316,800.00 $ 211,200.00 $ 105.600.00 Design&Construction Administration $ 63,360.00 New Facilities Total $ 380,160.00 Project Development Total S 380,160.00 Recommendations by the Mason County Park and Recreation Board Capital Projects Priority by Planning Horizon Years Parks Board Priority within Planning Horizon Years A=0-6 years 1 Highest Priority B=6-12 years 2 Moderate Priority C=12-20 years 3 Low Priority RWD Landscape Architects page 14 360.456.3813 1/18/2022 Jacoby 21024 Mason County Parks, Recreation, Open Space, & Trails Capital Improvement Costs - 2021 Mason County,WA Jacoby Park County Commisioner District 3 mobilization, contingency, parks taxes& Advisory escalation® Board Cost Item Item Total unit quantity unit cost subtotal 50% Priorities VATION Renovation Subtotal $ - - $ - Design&Construction Administration $ Renovation Total $ - 2 MASTER PLAN Master Plan Subtotal $ - $ - $ Design&Construction Administration $ - Master Plan Total $ - 3 NEWFACHATIES Parking Area $ 300,000.00 Is 1 $200,000.00 $ 200,000.00 $100,000.00 B2 Picnic shelter $ 180,000.00 is 1 $120,000.00 $ 120,000.00 $ 60,000.00 B2 Beach access-pathway&stairs $ 60,000.00 is 1 $ 40,000.00 $ 40,000.00 $ 20,000.00 C3 New Facilities Subtotal $ 540 000.00 $ 360 000.00 $180 000.00 Design&Construction Administration $ 108,000.00 New Facilities Total $ 648,000.00 4 New Trail Subtotal $ - $ $ Design&Construction Administration $ - New Trails Total $ - Project Development Total S 648,000.00 Recommendations by the Mason County Park and Recreation Board Capital Projects Priority by Planning Horizon Years Parks Board Priority within Planning Horizon Years A=0-6 years 1 Highest Priority B=6-12 years 2 Moderate Priority C=12-20 years 3 Low Priority RWD Landscape Architects page 15 360.456.3813 1/18/2022 Coulter 21024 Mason County Parks,Recreation, Open Space, & Trails Capital Improvement Costs - 2021 Mason County,WA Coulter Creek County Commisioner District 1 Parks Advisory mobilization,contingency, Board Cost Item Item Total unit quantity unit cost subtotal taxes&escalation @ 50% Priorities 1 1 1 Expanded Parking Area I $ 150,000.00 Ils 1 $ 150,000.00 $ 150,000.00 Renovation Subtotal $ 15Q 000.00 $ 150,000.00 $ - Design&Construction Administration $ 30,000.00 Renovation Total $ 180,000.00 2 $ - $ - Al-THEN OTHER PROJECTS Master Plan Subtotal $ - $ - $ - SHOULD FOLLOW Design&Construction Administration $ - Master Plan Total $ - 3 NEIV FACILITIES Boardwalks $ 1,440,000.00 Ilf 1 800 $ 1,200.00 1 $ 960,000.00 $ 480,000.00 Viewing Platform $ 180,000.00 Ils 1 1 $ 120,000.00 1 $ 120,000.00 1 $ 60,000.00 New Facilities Subtotal $ 1,620,000.00 $ 1080 000.00 $ 540 000.00 Design&Construction Administration $ 324,000.00 New Facilities Total $ 19944,000.00 4 $ - Is - $New Trail Subtotal $ - $ - $ Design&Construction Administration $ New Trails Total $ - Project Development Total S 2,124,000.00 Recommendations by the Mason County Park and Recreation Board Capital Projects Priority by Planning Horizon Years Parks Board Priority within Planning Horizon Years A=0-6 years 1 Highest Priority B=6-12 years 2 Moderate Priority C=12-20 years 3 Low Priority RWD Landscape Architects page 16 360.456.3813 1/18/2022 Sunset Bluff 21024 Mason County Parks, Recreation, Open Space, & Trails Capital Improvement Costs - 2021 Mason County,WA Sunset Bluff County Commisioner District 3 Parks mobilization, Advisory contingency,taxes&Board Cost Item Item Total unit quantity unit cost subtotal escalation @ 50% Priorities 1 RENOVATION $ $ Renovation Subtotal $ - - - Design&Construction Administration $ - Renovation Total $ - 27 Plan Subtotal - Design&Construction Administration $ - Master Plan Total $ - 3 NEWFACILITIES Potable Water Well $ 120,000.00 is 1 $ 80,000.00 $ 80,000.00 $ 40,000.00 C3 Security Gate Improvements $ 37,500.00 is 1 $ 25,000.00 $ 25,000.00 $ 12,500.00 Al Power $ 150,000.00 is 1 $100,000.00 $ 100,000.00 $ 50,000.00 C3 New Facilities Subtotal $ 307 500.00 $ 205 000.00 $ 102,500.00 Design&Construction Administration $ 61,500.00 New Facilities Total $ 369,000.00 4 NEW TRAILS $ - F I I I $ - $New Trail Subtotal $ Design&Construction Administration $ New Trails Total $ - Project Development 1 II II Recommendations by the Mason County Park and Recreation Board Capital Projects Priority by Planning Horizon Years Parks Board Priority within Planning Horizon Years A=0-6 years 1 Highest Priority B=6-12 years 2 Moderate Priority C=12-20 years 3 Low Priority RWD Landscape Architects page 17 360.456.3813 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Diane Zoren DEPARTMENT: Central Services EXT: BRIEFING DATE: January 24, 2022 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal ❑ Information Technology ❑ Other— please explain ITEM: WA State Recreation and Conservation Office (RCO) grant funding EXECUTIVE SUMMARY: In order to be eligible for RCO funding, the County entered into a contract for services for the Mason County Parks and Recreation Comprehensive Plan update 2022— 2026 with Robert W. Droll, Landscape Architect, PS. (RWD Landscape Architects). RCO grant deadlines if the County wishes to apply: March 1,2022 - Submit Parks Comprehensive Plan to RCO (contractor is asking if a draft plan is acceptable). Submit Letter of Intent to RCO. May 3, 2022 — RCO grant applications are due (need preliminary design) June—Technical presentation to review board August—final presentation Potential projects: Synthetic turf multi-purpose field at Sandhill County Park. The project estimate is $2,335,000. If the project was awarded the WWRP-Recreation grant then Mason County's match would be $1,835,000. If the project was awarded the YAF grant then Mason County's match would be $1,985,000. If the project was awarded both grants then Mason County's match would be $1,485,000. RWD Landscape Architects has submitted a proposal to assist with the RCO grant process in the amount of$31,470 30'x 60'community shelter at the Union Community Park with a cost estimate of$515,000. If the project was awarded the WWRP-Recreation grant the Mason County's match would be $205,200 (40% Match Reduction applies for this project). If the Commissioners wish to pursue funding for this project, RWD can submit a proposal to assist with the grant process These estimates are schematic as no preliminary design has occurred. Another priority project is replacing the floats at Latimer's Landing. BUDGET IMPACT: RWD Landscape Architect contract to assist with RCO grant process and grant match PUBLIC OUTREACH: None specific to these projects but have been discussed at Parks Advisory Committee RECOMMENDED OR REQUESTED ACTION: If the Board wants to pursue grant funding a letter of intent is due to RCO March 1 and we will need to contract for professional services. ATTACHMENTS: RWD Landscape Architect proposal for Sandhill RCO process; Union Community Park shelter example Briefmg Summary 1/19/2022 &b )�Wo ''a fD!s a.1 Sandhill Park Multi-Purpose Synthetic Turf Field Planning&Grants Preparation January 6,2022 Exhibit A Sandhill Multi-PurposeMulti-Purpose Synthetic Turf Field Planning • Grants Preparation Scope of Work This assignment includes the work to be performed by Robert W. Droll,Landscape Architect,PS,(hereinafter RWD)for Sandhill Park Synthetic Turf Field(Project)on behalf of Mason County(hereinafter Client). It is understood this Project's Goal is to prepare a Site Plan/Estimate of Probable Costs to guide future Multi-Purpose Synthetic Turf Field development.This Synthetic Turf Field will accommodate soccer,football,and lacrosse team sports and will be illuminated.This assignment includes the preparation of WWRP Local Parks and Youth Athletic Facility RCO Grant Applications in pursuit of Project funding. Basis of Proposal This Scope of Services and Fee Proposal is based upon written documentation and discussions with Diane Zoren, Central Services Manager,Support Services/Commissioners' Office and RWD's knowledge of the Project site and the development of athletic facilities and synthetic turf fields. It is understood no site plan for this Project has been developed to date and this development of this site plan is essential in the preparation of an Estimate of Probable Costs and subsequently RCO Grants.It is understood the RCO Letter of Intent is due Tuesday,March 1,2022 and the RCO Grant Applications are due Tuesday May 3,2022 so time is of the essence. Scope of Services Task 1 Site Plan Preparation Task 1.01 Prepare Concept Master Plan for Grant RWD will prepare a Concept Master Plan illustrating the type,size,and location of the illumination Multipurpose Synthetic Turf Sports Field.Using an aerial and any LiDAR mapping Mason County can provide as a Base Map, RWD draw all site plan improvements over this Base Map.RWD would conduct a concept Grading Plan so we can obtain a schematic level understanding of the cut/fills and grading requirements necessary.This Concept Site Plan would illustrate vehicular and pedestrian improvements as necessary.RWD would also include a Vault Toilet(not a flush toilet).RWD assumes potable water is not available. It is understood that an existing Design Survey and geotechnical investigation has not been prepared for this Project to date.This information would provide a higher degree of confidence on the Concept Plan outcome and the Estimate of Probable Costs,but would add$14,000-$ 17,000 to the costs herein in Exhibit B.Assuming Mason County chooses to defer this upfront cost pending the outcome of the RCO Grants,RWD has not included Survey and Geotechnical Investigations in this Scope,although RWD does recommend performing this work now if the funding is available. Task 1.02 Estimate of Probable Cost for Each Program Element RWD will prepare a Level 3 Estimate of Probable Costs for the Multi-Purpose Synthetic Turf Field and any other cost associated with project development.Estimates will include full project development cost including 2 years of escalation at 3.040/o/year(WA OFM escalation rate).Costs will be prepared in RCO format. Task 1.03 Client Review RWD will review revisions with Client via virtual teleconference or in-person meeting. RWD Landscape Architects 1 Sandhill Park Multi-Purpose Synthetic Turf Field Planning&Grants Preparation January 6,2022 Task 1.04 Revise Concept Master Plan& Cost Estimate Based upon findings/direction in Task 1.03,RWD will revise Grant Site Plans and Estimate of Probable Costs. RWD will revise estimates to comply with RCO PRISM format. Task 1.05 Prepare Sketchup Model for all Grant Improvements RWD will prepare a 3D model of the project improvements. 3D model will be in the format of and similar to the graphic example in Appendix A and can be viewed from practically any ground level and bird's eye viewpoint. Very helpful in gaining understanding from the RCO Evaluation Panel. Task 1.06 Project Management This Task accounts for the RWD's time to manage the Project's contractual elements,scheduling,billing,and timing of Project,communication with Client,and manage the coordination of,and the execution of the Project Schedule. Task 2 Grants Preparation Task 2.01 Prepare YAF Grant Graphics&Answer Technical Questions RWD will prepare YAF Grant Graphics and Application and will submit via PRISM. Task 2.02 Prepare Local Parks Grant Graphics&Answer Technical Questions RWD will prepare the Local Parks Grant Graphics and answer technical questions necessary for Grant applications. RWD will submit the full Grant Application via PRISM. Task 2.03 Local Park Technical Review—Prepare Local Parks Presentation Based upon comments in the Technical Review,RWD will revise graphics and costs, and assist Mason County in revising the powerpoint presentation. RWD will practice Final Evaluation presentations dry runs Mason County. Task 2.04 Local Parks Final Evaluation Presentation RWD will revise the presentation,graphics,and estimate as necessary for the Final Evaluation Presentation.RWD will attend the Grant Evaluation Presentation in Olympia and answer technical questions(will sit second chair). Task 2.05 Project Management This Task accounts for the RWD's time to manage the Project's contractual elements,scheduling,billing and timing of Project,communication with Client,and manage the coordination of,and the execution of the Project Schedule. Deliverable Products • Concept site planning and cost estimates for the Project improvements. • Concept site planning in ACAD format based upon Mason County provided Base Mapping • Grant graphics and grant application narratives. • Grant Presentations preparation assistance. • 3D models of project improvements. Additional,Excluded Services Specific items that are not within the scope of work/services include,but are not limited to,the following.RWD can provide these services at an additional cost. ❑ Design Survey ❑ Geotechnical Investigations ❑ Cultural Resource Investigation ❑ Biological Baseline Characterization ❑ Wetland or Critical Area Report RWD Landscape Architects 2 Sandhill Park Multi-Purpose Synthetic Turf Field Planning&Grants Preparation January 6,2022 ❑ Traffic Studies,Traffic Impact Analysis ❑ Stormwater Drainage report/studies/design other than as described herein ❑ Biological Evaluation ❑ Maintenance Cost projections ❑ Architectural,Mechanical,Electrical,Civil or Structural engineering services other than as described herein ❑ 30%,65%,95%& 100%Plans,Estimate and Specifications, Bidding Services or Construction Services for On-site and Off-site improvements ❑ Observation Services of any on-site or off-site,mitigation and building improvements other than defined in the Scope of Services ❑ Legal Descriptions of easements,Rights-of-Ways,etc. ❑ Web-site preparation and hosting,visual impact analysis,photo-simulations, ❑ SITES or LEEDS accreditation ❑ Tree valuation,Tree removal quantity count ❑ Noise Studies,Air Quality Studies ❑ Boundary and ALTA Surveys ❑ Meeting attendance other than those listed herein ❑ Stream or Ordinary High-Water Mark delineation,Wetland,Wildlife,Habitat&Fisheries investigations& Impact Analysis other than as described herein ❑ Environmental Assessments ❑ Groundwater monitoring ❑ SEPA,DARPA,any environmental or regulatory permitting ❑ Hydrogeologic Report,Hydrology Studies,Environmental Studies,Water Quality Testing&Monitoring ❑ Visual Impact Analysis ❑ Public Presentations,Neighborhood meetings,Hearing Examiner meetings,City Council Meeting,etc. other than defined herein ❑ Mitigation Site Identification and Analysis,Mitigation Design ❑ Latecomers Fees,Permit Fees,&Impact Fees will be provided by Client ❑ Typed up Meeting Notes. Professional Fee Professional Fees to accomplish the Scope of Services are shown on Exhibit B. RWD will perform the Scope of Services defined herein on a Time&Materials. Client Responsibilities Client shall provide the following information or services as required for performance of the work. RWD assumes no responsibility for the accuracy of such information or services and shall not be liable for errors and omissions therein. Should RWD be required to provide services in obtaining or coordinating compilation of this information, such services shall be charged as Additional Services. ❑ Client will provide RWD with graphic and photographic images(hardcopy or jpegs)of City limits,County limits,and school district boundaries. City will also provide economic data. ❑ Existing as-built site engineering and utility base information for any proposed design projects in the area ❑ Planning Documents&Data that may impact Site Plan Development. ❑ Sports League/Sports Field demand data. RWD Landscape Architects 3 Sandhill Park Multi-Purpose Synthetic Turf Field Planning&Grants Preparation January 6,2022 Appendix A-3D Model Example M LPG' jfr RWD Landscape Architects 4 10:34 AM 1/6/2022 202206 Sandhill RCO Grant 2022 RCO Grants RWD Fee.xls Sandhill Park- Synthetic Turf Field YAF & WWRP Local Parks RCO Grants Mason County Exhibit B-Scope&Fee Proposal-Site Plan&Grant Preparation Task Subtotal Bob Droll,ASLA Landscape Tech JClerical hrs subtotal hrs subtotal hrs subtotal 1.00 Site Plan Preparation 1.01 Prepare Concept Master Plan for Grant $ 3,380.00 8 $ 1,280.00 20 $ 2,100.00 $ - 1.02 Estimate of Probable Costs $ 2,120.00 8 $ 1,280.00 8 $ 840.00 $ - 1.03 Client Review $ 640.00 4 $ 640.00 $ - $ - 1.04 Revise Concept Master Plan&Cost Estimate $ 1,900.00 4 $ 640.00 12 $ 1,260.00 $for Grant 1.05 Prepare Sketchup Model&Aerial Perspective $ 3,470.00 $ - 32 $ 3,360.00 2 $ 110.00 1.06 Project Management $ 2,560.00 16 $ 2,560.00 $ - $ - Subtotal $ 14,070.00 2.00 Grants Preparation 2.01 Prepare YAF Grant Graphics&Answer $ 3,160.00 4 $ 640.00 24 $ 2,520.00 $ - Technical Questions 2.02 Prepare Local Parks Grant Graphics&Answer $ 4,000.00 4 $ 640.00 32 $ 3,360.00 $ - Technical Questions 2.03 Local Parks Technical Review-Prepare Local $ 3,160.00 4 $ 640.00 24 $ 2,520.00 $ - Parks Presentation&work through Dry Run 2.04 Local Parks Final Evaluation Presentation $ 2,320.00 4 $ 640.00 16 $ 1,680.00 $ - 2.05 Project Management $ 4,460.00 16 $ 2,560.00 16 $ 1,680.00 4 $ 220.00 Subtotal $ 17,100.00 Professional Services Subtotal $ 31,170.00 Maximum Grant Limits Direct Expenses $ 300.00 YAF $350,000.00 Professional Services Total $ 31,470.00 Local Parks $500,000.00 RWD Landscape Architects 360.456.3813 1/6/2022 202206 0:\2022\202206 Sandhill RCO Grant\Fee Scope\ Sandhill County Park- Synthetic Multi-Purpose Field Mason County,WA Schematic Level Estimate of Probable Costs mobilization, contingency,taxes &escalation Gil Cost Item Item Total unit quantity unit cost subtotal 32% c learing&grubbing $ 44,352.00 acre 4 $ 8,000.00 $ 33,600.00 $ 10,752.00 construction staking $ 10,560.00 is 1 $ 8,000.00 $ 8,000.00 $ 2,560.00 temporary fencing $ 2,112.00 If 800 $ 2.00 $ 1,600.00 $ 512.00 temporary erosion control $ 5,385.60 sf 102,000 $ 0.04 $ 4,080.00 $ 1,305.60 mass grading&compaction $ 132,000.00 cy 10,000 $ 10.00 $ 100,000.00 $ 32,000.00 excavation,including offsite haul $ 46,200.00 cy 1 $ 35,000.00 $ 35,000.00 $ 11,200.00 Subsurface drainage trench excavation&offsite $ 6,600.00 cy 200 $ 25.00 $ 5,000.00 $ 1,600.00 haul geotexitle fabric $ 48,906.00 sy 11,400 $ 3.25 $ 37,050.00 $ 11,856.00 4"slotted pipe $ 61,248.00 if 5,800 $ 8.00 $ 46,400.00 $ 14,848.00 trench backfill $ 8,910.00 cy 150 $ 45.00 $ 6,750.00 $ 2,160.00 type 2 drywell $ 63,360.00 each 4 $ 12,000.00 $ 48,000.00 $ 15,360.00 6"permeable base aggregate $ 285,120.00 ton 2,700 $ 80.00 $ 216,000.00 $ 69,120.00 2"permeable top aggregate $ 106,920.00 ton 900 $ 90.00 $ 81,000.00 $ 25,920.00 concrete curb $ 48,312.00 If 1,220 $ 30.00 $ 36,600.00 $ 11,712.00 edge nailer $ 17,714.40 if 1,220 $ 11.00 $ 13,420.00 $ 4,294.40 fine grading-base course $ 16,038.00 sf 81,000 $ 0.15 $ 12,150.00 $ 3,888.00 fine grading-top course $ 16,038.00 sf 81,000 $ 0.15 $ 12,150.00 $ 3,888.00 field illumination $ 528,000.00 sf 1 $ 400,000.00 $ 400,000.00 $ 128,000.00 synthetic turf-2.5" $ 641,520.00 sf 81,000 $ 6.00 $ 486,000.00 $ 155,520.00 csbc $ 8,910.00 sf 150 $ 45.00 $ 6,750.00 $ 2,160.00 concrete walk $ 69,696.00 sy 480 $ 110.00 $ 52,800.00 $ 16,896.00 concrete stairs $ 32,604.00 sy 190 $ 130.00 $ 24,700.00 $ 7,904.00 seeding $ 9,424.80 sf 102,000 $ 0.07 $ 7,140.00 $ 2,284.80 erosion control $ 13,464.00 sf 102,000 $ 0.10 $ 10,200.00 $ 3,264.00 trim&clean-up $ 6,600.00 Is 1 $ 5,000.00 $ 5,000.00 $ 1,600.00 Subtotal $ 2,229 994.80 $ 1,689,390.00 $ 540,604.80 Design&Construction Administration $ 222,999.48 Total $ 2,452,994.28 R W D Landscape Architects 360.456.3813 - r SHELTER EXAMPLE MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Diane Zoren DEPARTMENT: Support Services EXT: 747 BRIEFING DATE: 1124/22 PREVIOUS BRIEFING DATES: 12/21/21, 1/10/22 If this is a follow-up briefing, please provide only new information INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal ❑ Information Technology ❑ Other — please explain ITEM: Review of Mason Transit Authority applicants EXECUTIVE SUMMARY: The Mason County Public Transportation Benefit Area (Mason Transit Authority) Board composition is as follows: Three (3) Mason County Commissioners; One (1) City of Shelton Council member; Five (5) members who shall be elected officials selected by the Mason County Commissioners with the goal of seeking equal voting representation among the County commission districts. Mason County sent out a letter to all elected officials soliciting applicants for four of the five elected official positions that are currently open. Applications have been received from the following: John Sheridan, Belfair, Port of Allyn Kenneth Vanbuskirk, Belfair, Cemetery District No.1 Sandy Tarzwell, Shelton, Shelton School District Wes Martin, Grapeview, Grapeview School District Steve Pierce, Mason District 5 (Lake Limerick) Leanna Krotzer, North Mason School Board John Campbell, North Mason School Board BUDGET IMPACT: Staff time PUBLIC OUTREACH: To solicit applications, a letter was sent to all Mason County elected officials. RECOMMENDED OR REQUESTED ACTION: Does the Board wish to interview all applicants? ATTACHMENTS: Briefing Summary 1/13/2022 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Jennifer Beierle & Kelly Frazier DEPARTMENT: Support Services EXT: 532 BRIEFING DATE: January 24, 2022 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal ❑ Other — please explain Audit Committee ITEM: Request for the General Fund to purchase vehicle #188, a 2001 Ford F150, for the WSU Extension Office from Public Works; transfer vehicle #102 from ER&R to Current Expense; and request to surplus wrecked vehicles #32 and #48 EXECUTIVE SUMMARY: Vehicle #188 is a 2001 Ford F150 that the WSU Extension Office has been renting on a per mile basis from ER&R for the last several years. Motor Pool would like to purchase the truck from ER&R at fair market value. The average retail price for this truck from the NADA website was $5,225 at the end of October of 2021. Vehicle #102 was paid for with Health Department grant funds and is currently listed in ER&R's vehicle inventory. Motor Pool is requesting a non-monetary transaction moving the vehicle from ER&R's inventory to Current Expense Motor Pool's inventory. Finally, Sheriff PPV vehicles #32 & #48 were involved in accidents with uninsured individuals and are completely totaled. Motor Pool is requesting permission from the Board to surplus these no-value vehicles. BUDGET IMPACT: $5,225 to purchase #188 PUBLIC OUTREACH: N/A RECOMMENDED OR REQUESTED ACTION: Permission from the Board for Current Expense to purchase vehicle #188 from Public Works; Permission from the Board to transfer vehicle #102 from ER&R to Current Expense inventory; and Permission from the Board to surplus Sheriff PPV vehicles #32 & #48 ATTACHMENTS: NADA Values Estimates for 2001 Ford F150 Briefing Summary 1/19/2022 10/27121,2:16 PM 2001 Ford F150 Flareside Supercab XL 112 Ton Pickup 4WD V8 Prices,Values&F150 Flareside Supercab XL 1/2 Ton Pickup 4... J.D. POWER 14 '-� Did you (no power sindustry-leading valuations data drives NADAguides.com?Learn more j 2001 Ford F150 Flareside Supercab XL Prices and Values 1/2 Ton Pickup 4WD V8 CHANGE CAR Q+ COMPARE Values 0 Original MSRP Base Price N/A NIA Low Retail Base Price $3,475 Options $3,415 Average Retail Base Price $5,225 Options $5,225 High Retail Base Price $8,550 Options $8,550 Change Options htt s:/Iwww.nada uides.com/Cars/2001/Ford/F150-Flareside-Su erc - L - - - - p g p ab X /1 2 Ton Pickup-4WD V8Nalues 1/3 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Jennifer Beierle DEPARTMENT: Support Services EXT: 532 BRIEFING DATE: January 24, 2022 PREVIOUS BRIEFING DATES: N/A ITEM: Mason County Monthly Financial Report: December 2021 EXECUTIVE SUMMARY: Review of Cash Balances, Budget to Actual Revenues and Expenditures for all County Funds through December 2021, and review of County debt as of December 31, 2021. BUDGET IMPACTS: Budget to Actual Comparison of 2020 & 2021 RECOMMENDED OR REQUESTED ACTION: N/A ATTACHMENTS: Mason County Monthly Financial Report: December 2021 J:\Budget Office\Briefmg,Agenda,&Public Hearing Items\2022\Briefing Summary 1.24.2022-December 2021 Financial Report.doc `rrsoN ooaN�A URCEMBER MASON COUNTY MONTHLY ,xs 2021 FINANCIAL REPORT J:\Financials\2021 Financials\2021 December Financial Report.xlsx 1 +sooty copN� MASON COUNTY MONTHLY FINANCIAL /-54 REPORT DECE BER 2021 ' 2020 vs 2021 Current Expense Revenue Comparison Revenue Revenue Collected Collected Actual dif 2020 Department Name 2020 Budget Through End Uncollected %2020 2021 Budget Through End Uncollected %2021 vs 2021 of Month Revenue of Month Revenue WSU Extension 20,500 20,437 (63) 100% 53,297 29,231 (24,066) 55% 8,794 Assessor 7,000 17,085 10,085 244% 7,000 12,688 5,688 181% (4,397) Auditor 1,251,604 1,582,052 330,448 126% 1,160,017 1,058,922 (101,095) 91% (523,130) Emergency Management 64,648 70,877 6,229 110% 121,585 36,661 (84,924) 30% (34,216) Facilities&Grounds - 5,375 5,375 0% 1,417 1,417 0% (3,958) Human Resources - 50 50 0% 850 850 0% 800 Clerk 329,712 268,859 (60,853) 82% 366,348 293,787 (72,561) 80% 24,928 Commissioners - - - 0% 725 725 0% 725 Support Services 700 2,434 1,734 348% 700 2,987 2,287 427% 553 District Court 1,086,064 961,401 (124,663) 89% 1,046,461 1,074,463 28,002 103% 113,062 Community Development 1,790,810 2,201,806 410,996 123% 2,192,600 2,940,665 748,065 134% 738,860 Historical Preservation - 0% 76,000 74,886 (1,114) 99% 74,886 Parks&Trails 44,000 7,739 (36,261) 18% 44,000 44,017 17 100% 36,278 Juvenile Court Services 1,161,972 1,304,727 142,755 112% 1,161,438 1,485,390 323,952 128% 180,663 Prosecutor 192,951 192,228 (723) 100% 248,575 186,766 (61,809) 75% (5,461) Child Support Enforcement 209,515 184,550 (24,965) 88% 159,126 69,681 (89,445) 44% (114,869) Coroner 35,000 24,640 (10,360) 70% 35,000 41,440 6,440 118% 16,800 Sheriff 1,142,783 1,102,631 (40,152) 96% 1,011,853 1,082,084 70,231 107% (20,547) Indigent Defense 204,767 178,638 (26,129) 87% 260,423 219,339 (41,084) 84% 40,700 Superior Court 147,005 104,201 (42,804) 71% 87,334 121,481 34,147 139% 17,280 Family Court 2,500 2,472 (28) 99% 2,500 2,912 412 116% 440 Therapeutic Court 620,162 516,076 (104,086) 83% 720,875 568,446 (152,429) 79% 52,370 Murder Expenditures - - - 0% - - 0% - Treasurer 26,348,450 26,892,054 543,604 102% 26,461,933 30,115,907 3,653,974 114% 3,223,853 Non Departmental 9,167,682 8,681,274 (486,408) 95% 4,903,566 4,107,723 (795,843) 84% (4,573,551) Motor Pool 24,625 24,625 0% 447,202 314,14 1 (133,057) 70% 289,520 Totals $43,827,825 $ 44,346,229 $ 518,404 101% $ 40,567,833 $ 43,886,614 1 $ 3,318,781 108% (459,614) Unau rted *Benchmark for Month is 100% J:\Financials\2021 Financials\2021 December Financial Report.xlsx 2 MASON COUNTY MONTHLY FINANCIAL DECEMBER 2021 -- REPORT Treasurer Department Receipts Treasurer#001-260-000 2020 Budget 2020 YTD This Month %2020 2021 Budget 2021 YTD This Month %2021 REAL&PERSONAL PROPERTY TAXES 10,383,385 10,114,897 90,874 97% 11,546,496 11,239,794 78,093 97% SALES TAX TITLE PROPERTY - 524 398 0% - 1,720 0 0% LOCAL RETAIL SALES&USE TAX 6,000,000 6,883,694 652,599 115% 6,250,000 8,400,127 723,459 134% LOCAL PUBLIC SAFETY-CITY 37,000 48,532 4,220 131% 37,000 50,552 4,110 137% CRIMINALJUSTICE 600,000 830,513 76,924 138% 750,000 971,551 82,402 130% LEASEHOLD EXCISE TAX 35,000 31,478 11,016 90% 26,000 36,854 0 142% FOREST EXCISE TAX 225,000 301,151 0 134% 100,000 238,503 0 239% FRANCHISE FEES 520,000 487,005 0 94% 500,000 480,484 0 96% PAYMENT IN LIEU OF TAX/B OF L 289,000 314,361 0 109% 315,000 331,886 0 105% PUD PRIVILEGE TAX 725,000 734,058 0 101% 735,000 768,144 0 105% DNR OTHER TRUST 2 100 104 0 104% 100 265 0 265% LE&CJ LEG 1 TIME COSTS 0% 255,892 255,892 0 100% CITY-COUNTY ASSISTANCE 1,415,000 1,502,635 521,404 106% 1,415,000 2,246,617 591,912 159% DNR PILT NAP/NRCA 4,000 3,871 3,871 97% 4,000 3,563 3,563 89% CRIMINALJUSTICE-COUNTIES 680,000 753,661 0 111% 700,000 770,777 0 110% ADULT COURT COST-JUVENILE OFFE 5,000 4,880 402 98% 5,000 4,302 381 86% CRIMINAL JST-MARIJUANA ENFORCE 85,000 85,517 21,521 101% 85,000 105,403 31,240 124% DUI-OTHER CRIMINAL JUSTICE A 15,400 15,765 0 102% 14,500 17,393 0 120% LIQUOR/BEER EXCISE TAX 116,920 147,699 0 126% 125,000 167,219 0 134% LIQUOR CONTROL BOARD PROFITS 205,000 200,506 50,071 98% 200,000 199,679 49,691 100% IN LIEU OF-CITY OF TACOMA 190,000 202,440 16,870 107% 190,000 206,489 17,207 109% TREASURER'S FEES - 30 8 0% - 38 0 0% PAYMNT FOR SRVCS-MASON LK DIST 475 360 0 76% 360 360 0 100% PAYMNT FOR SRVCS-SPENCER LK FND - 145 0 0% 100 145 0 145% PAYMNT FOR SRVCS-ISLAND LK FND 120 290 0 242% 100 100 0 100% CHARGES FOR SRVCS-MACECOM 1,300 1,324 0 102% 1,325 1,372 0 104% RETURNED REMITTANCE(NSF)FEES 2,400 2,600 120 108% 2,500 2,160 200 86% REET COLLECTION FEES 100,000 134,445 12,243 134% 100,000 199,094 14,371 199% REET COLLECTIONS COSTS 9,000 8,706 900 97% 9,000 9,553 635 106% TREAS.FIRE PROTECTION ASSESSM 15,000 15,079 188 101% 15,000 15,006 136 100% 3 Treasurer Department Receipts Treasurer#001-260-000 2020 Budget 2020 YTD This Month %2020 2021 Budget 2021 YTD This Month %2021 TREAS OTHER WORD PROCESSING 575 375 65% 23% PUBLIC DISCLOSURE CHGS SRVCS 5 0 0% 5 - 0 0% DATA PROCESSING SERVICES - 107 1 0% 100 0 0% GAMBLING TAX PENALTY - 350 0 0% - 550 0 0% REAL&PERSONAL PENALTY 350,000 384,692 71,792 110% 350,000 311,797 40,188 89% PERSONAL PROP FILING PEN 5,000 20,914 480 418% 20,000 35,445 2,388 177% PENALTY ON REAL&PERSONAL PRO - - (6,703) 0% - - (4,606) 0% FAILURE TO LIST PERSONAL PROP - - 0 0% - 19 0 0% INTEREST&OTHER EARNINGS 800,000 436,565 17,061 55% 500,000 124,051 9,601 25% INVESTMENT SERVICEFEES(TREAS. 25,000 13,799 566 55% 20,000 5,114 379 26% INT.ON CONT.NOTES-ACCiS.HELD,S 8,500 14,020 1,011 165% 8,500 24,354 451 287% LEASEHOLD EXCISE TAX INTEREST - 9 2 0% - 4 0 0% EXCISE INTEREST 50 226 4 451% 50 285 3 571% INV PURCHASED INT - (199) 0 0% - (2,791) (92) 0% INTEREST ON DELINQUENT PR TAX 650,000 605,166 44,103 93% 600,000 580,042 51,915 97% RENTS/LEASES-DNR TRUST 1,000 16,368 0 1637% 10,000 26,318 77 263% RENTS/LEASES-DNR TMBR TRUST 1 500,000 300,611 66,480 60% 250,000 905,862 0 362% UNCLAIMED MONEY/PROCEEDS-SALES 60,000 73,844 12,899 123% 225,000 177,935 0 79% TREASURER TAX FORECLOSURE TRUST 64,000 - 0 0% - - 0 0% CASH ADJUSTMENTS/OVER-UNDER 20 (220) (29) -1100% 10 (876) (79) -8762% TAX DISTRIBUTION ROUNDING - - 0 0% 10 - 16 0% MISCELLANEOUS-OTHER REVENUE 100 - 0 0% 100 36 0 36% ROAD DIVERSION 2,160,000 2,180,155 34,220 101% 1,080,000 1,093,163 8,373 101% SALE OF TAX TITLE PROPERTY - - 1,484 0% - 87 0 0% LEASEHOLD EXCISE TAX 5,000 2,368 (321) 47% 2,000 1,324 0 66% TIMBER EXCISE TAX 53,000 - (71,056) 0% 10,000 25,254 0 253% DNR PILT NAP/NRCA 0 0% 900 (537) 378 -60% DNR OTHER TRUST 2 50 915 1,870 1830% 50 28 0 56% OTHER INT-DNR INTEREST 50 8 (80) 17% 10 56 2 559% RENTS&LEASES/DNR OTHR TRST 1 2,500 15,710 (37,066) 628% 2,500 2,791 8 112% SPACE AND FACILITIES LEASES 4,500 0 0% 80,356 0 0% Grand Total $26,348,450 $26,892,054 1,600,370 102% $26,461,933 $30,115,907 1,706,405 114% Unaudited *Benchmark for Month is 100% r DECEMBER MASON COUNTY MONTHLY FINANCIAL REPORT 2021 2020 vs 2021 Current Expense Expenditure Comparison Expenditures Expenditures Unexended 2020 Budget through End of Unexended %2020 2021 Budget through End of Budget %2021 Actual 0 1 2020 Department Name g g g g g vs zoz� Month Budget Authority Month Authority WSU Extension 293,274 283,617 9,657 97% 346,120 304,952 41,168 88% 21,336 Assessor 1,433,285 1,289,525 143,760 9p% 1,420,286 1,307,607 112,679 92% 18,082 Auditor 1,826,453 1,753,541 72,912 96% 1,802,396 1,605,652 196,744 1 89% (147,889) Emergency Management 302,576 286,786 15,790 95% 315,592 293,621 21,971 93% 6,834 Facilities&Grounds 1,309,792 1,072,920 236,872 82% 1,389,584 1,214,638 174,946 87% 141,717 HR/Risk Mngt 592,660 546,637 46,023 92% 616,086 535,859 80,227 87% (10,778) LEOFF 100,044 61,136 38,908 61% 100,044 63,034 37,010 63% 1,898 Clerk 1,049,462 1,046,050 3,412 100% 1,140,230 1,082,457 57,773 95% 36,408 Commissioners 348,669 341,002 7,667 98% 355,610 343,743 11,867 97% 2,741 -Support Services 716,397 693,769 22,628 97% 836,053 766,959 69,094 92% 73,189 District Court 1,398,892 1,292,033 106,859 92% 1,464,733 1,311,749 152,984 90% 19,716 Community Development 2,516,927 2,295,387 221,540 91% 2,879,769 2,636,817 242,952 92% 341,430 Historical Preservation - 0% 16,000 6,120 9,880 38% 6,120 Parks&Trails 547,442 484,923 62,520 89% 669,021 588,884 80,137 88% 103,961 Juvenile Court Services 1,943,451 1,826,780 116,671 94% 2,009,280 1,833,627 175,653 91% 6,847 Prosecutor 1,668,998 1,453,052 215,946 87% 1,876,838 1,619,649 257,189 86% 166,597 Child Support Enforcement 210,658 179,975 30,683 85% 160,462 105,838 54,624 66% (74,137) Coroner 321,934 315,542 6,392 98% 360,276 353,264 7,012 98% 37,723 Sheriff 11,762,381 11,329,117 433,264 96% 12,857,645 11,919,316 938,329 93% 590,200 Traffic Policing 2,160,000 2,199,799 (39,799) 102% 2,160,000 2,020,436 139,564 94% (179,363) Courthouse Security 175,740 173,983 1,757 99% 259,587 243,453 16,134 94% 69,470 Indigent Defense 1,127,136 1,067,818 59,318 95% 1,280,757 1,200,360 80,397 94% 132,541 Superior Court 1,064,253 1,006,710 57,543 95% 1,090,316 1,050,009 40,307 96% 43,298 Family Court 2,500 1,070 1,430 43% 2,500 - 2,500 0% (1,070) Therapeutic Court 627,127 464,136 162,991 74% 724,863 543,684 181,179 75% 79,548 Murder Expenditures S0,000 5,240 44,760 10% 50,000 40,133 9,867 80% 34,893 Treasurer 823,053 772,868 50,185 94% 872,579 788,342 84,237 90% 15,475 Non Departmental 5,948,914 4,985,608 963,306 84% 5,791,730 4,554,161 1,237,569 79% (431,447) Motor Pool 37,438 35,098 2,340 94% 49,538 30,480 19,058 62% (4,618) 1 ransfers Out to Other Funds 3,059,167 2,914,039 145,128 95% 91,339 91,31n 20 100% (2,822,720) Totals $ 43,418,623 $ 40,178,1.59 $ 3,24D,464 93% $ 42,989,234 $ 38,456,162 $ 4,533,072 89% (1,721,997) i Unaudited•Benchmarkfor month is 100% J:\Financials\2021 Financials\2021 December Financial Report.xlsx 5 Six Year Specific Revenue Streams Comparison 12/31/2016 12/31/2017 12/31/2018 12/31/2019 12/31/2020 12/31/2021 Community Development Revenues 1,868,312 1,617,711 1,822,384 2,056,607 2,201,806 2,940,665 Detention &Correction Services 161,486 33,439 93,630 157,043 116,746 118,148 Current Expense Property Taxes 10,950,892 9,564,497 9,691,021 9,953,187 10,114,897 11,239,794 Road Diversion Property Tax 1,196,084 1,492,829 2,164,017 2,168,424 2,180,155 1,093,163 County Road Property Tax 6,579,322 8,151,225 8,488,053 8,783,981 9,017,752 9,132,356 Current Expense Sales Tax 4,709,220 4,907,329 5,487,711 6,062,688 6,883,694 8,400,127 Criminal Justice Taxes/Entitlements 1,295,581 1,331,000 1,465,848 1,576,823 1,690,336 1,869,425 Rural Sales & Use Tax Fund 603,262 637,507 710,326 818,312 878,401 1,028,114 1.200.000 - - 9ooAao - - 600,000 300,000 Corn Srvcs-Homelessess Preven Filings 398,056 438,088 579,456 713,278 860,926 975,427 1,000,000 750,100 - -- - --- so0,000 250,000 Lodging (Hotel/Motel)Tax 373,100 391,345 475,671 562,002 520,003 869,733 900'000 600,000 300,000 REET 1 Excise Tax Only 822,045 1,051,714 1,218,735 1,263,762 1,599,034 2,137,199 REET 2 Excise Tax Only 822,045 1,051,714 1,218,735 1,263,762 1,599,034 2,137,199 2,200000 1,660,000 ssa.000 - J:\Financials\2021 Financials\2021 December Financial Report.xlsx 6 CO DECEMBER MASON COUNTY MONTHLY FINANCIAL REPORT 2021 REVENUE MONTH 12020 REVENUE 1 2021 REVENUE DIFFERENCE JANUARY $ 455,733.71 $ 571,994.75 $ 116,261.04 FEBRUARY $ 590,257.14 $ 705,713.58 $ 115,456.44 MARCH $ 449,177.66 $ 554,356.28 $ 105,178.62 APRIL $ 427,572.82 $ 561,429.19 $ 133,856.37 MAY $ 487,803.83 $ 740,012.36 $ 252,208.53 JUNE $ 460,999.44 $ 724,550.39 $ 263,550.95 JULY $ 628,587.98 $ 754,454.16 $ 125,866.18 AUGUST $ 702,582.07 $ 800,707.00 $ 98,124.93 SEPTEMBER $ 671,554.81 $ 772,689.33 $ 101,134.52 OCTOBER $ 653,529.82 $ 741,525.90 $ 87,996.08 NOVEMBER $ 703,295.80 $ 749,235.68 $ 45,939.88 DECEMBER $ 652,599.03 $ 723,458.79 $ 70,859.76 TOTAL COLLECTED REVENUE $ 6,883,694.11 $ 8,400,127.41 PROJECTED END OF YEAR REVENUE REVENUE BUDGETED $ 6,000,000.00 $ 6,250,000.00 $ 8,317,393.12 YET TO BE COLLECTED $ 2,150,127.41 ANTICIPATED INCREASE $ 1,433,699.01 12 MONTH ROLLING AVERAGEC HANGE 20.8% PRIOR MONTH 12 MO. ROLLING AVG CHANGE 20.3°0 J:\Financials\2021 Financials\2021 December Financial Report.xlsx 7 COUNAA Y DECEMBER 2021 IN.SJ Six Year Financial • Current Expense Recap 12/31/2016 12/31/2017 12/31/2018 12/31/2019 1 12/31/2020 12/31/2021 Account Receivable from Belfair Sewer 1,200,000 General Fund Operating Reserves 6,520,791 8,522,003 10,044,540 Contingency Reserve 1,000,000 1,000,000 1,000,000 Technology Replacement Reserves 200,000 200,000 264,295 Equipment&Vehicle Replacement Reserves 525,000 525,000 932,475 Accrued Leave Reserve 520,000 530,805 347,742 Current Expense Unreserved Cash 3,334,654 5,351,321 9,109,916 This Month Current Expense Cash 4,412,976 4,127,258 7,857,952 12,100,445 16,129,130 21,698,968 Adopted Budget on December 31st 40,787,973 38,545,163 36,930,990 41,404,349 49,581,229 53,464,511 Supplemental Appropriations 864,056 1,163,226 1,095,455 469,736 5,883,554 1,103,322 Total Budget including Supplementals 41,652,029 39,708,389 38,026,445 41,874,085 55,464,783 54,567,833 Budgeted Beginning Fund Balance 8,019,728 7,309,944 3,061,750 5,786,719 11,636,958 14,000,000 Budgeted Ending Fund Balance 3,219,132 4,482,808 3,305,003 5,065,690 12,046,160 12,046,160 Revenue Budgets 33,632,301 32,398,445 34,964,695 36,087,366 43,827,825 40,567,833 Revenues thru This Month of each year 32,573,673 33,345,595 36,334,650 38,330,506 44,206,843 43,886,614 Budgeted Revenues Received 97% 103% 104°/6 106% 101% 108% Expenditure Budgets 38,534,111 35,261,269 34,721,442 36,808,395 43,418,623 42,989,234 Expenditures thru This Month of each year 35,765,385 32,665,560 32,603,957 34,088,013 40,178,159 38,456,162 Budgeted Expenditures Expended 93% 93% 94% 93% 93% 89%' 8 J:\Financials\2021 Financials\2021 December Financial Report.xlsx Special Fund Cash Balances 12/31/2016 12/31/2017 12/31/2018 12/31/2019 12/31/2020 12/31/2021 Rural County Sales&Use Tax Fund (.09) 495,440 480,688 669,294 740,116 986,654 1,353,351 Auditor's 0&M 209,871 251,796 265,269 282,431 327,972 430,989 County Roads Fund 10,396,911 9,876,404 11,021,078 11,295,244 11,032,069 9,607,493 Paths&Trails 232,362 245,327 257,154 270,735 280,106 288,610 Election Equipment Holding 259,919 295,699 159,094 162,210 227,692 248,130 Crime Victims 213,346 241,173 200,838 209,212 205,861 213,227 Victim Witness Activities 91,377 26,740 24,415 23,775 24,139 13,983 Historical Preservation Fund 38,921 39,057 36,134 29,478 48,147 Community Support Services Fund 306,619 464,080 639,813 694,924 1,045,602 1,039,015 Abatement/Repair/Demolition Fund 266,473 269,482 273,459 278,205 278,674 277,694 Reserve for Technology Fund 101,937 161,816 116,923 REET&Property Tax Admin Asst 72,508 84,028 73,200 72,245 77,302 89,218 National Forest Safety 69,700 34,048 39,520 25,186 16,030 5,068 Trial Court Improvement Fund 68,819 83,082 106,283 111,561 71,515 92,323 Sheriff Special Funds 272,572 247,677 232,958 247,346 Sheriff's Boating Program 118,702 155,723 Narcotics Investigation 90,949 97,843 Public Health Fund 396,421 181,613 199,812 343,932 20,365 1,352,527 American Rescue Plan Act 5,056,879 Law Library 82,570 79,816 75,752 71,331 58,122 49,208 Lodging(Motel/Hotel)Tax Fund 352,054 381,401 555,386 732,955 766,277 1,100,108 Mental Health Tax Fund 1,450,656 1,257,309 1,297,963 1,170,550 1,396,299 1,634,063 Treasurer's M&O Fund 93,247 85,407 47,814 95,279 94,796 56,673 Veterans Assistance 219,147 200,689 86,418 63,630 99,609 160,786 Skokomish Flood Zone 199,036 146,260 53,129 21,936 24,131 15,370 Mason Lake Management District 97,093 112,418 138,860 112,012 73,645 68,977 Spencer Lake Management District 6,794 7,189 Island Lake Management District 17,573 17,009 19,708 29,650 30,267 29,108 Capital Improvement/Reet 1 Fund 933,200 1,418,202 1,775,064 2,194,452 2,285,178 2,010,195 Capital Improvement/Reet 2 Fund 1,870,882 2,128,388 2,391,969 2,824,709 3,147,286 4,230,432 Mason County Landfill 820,753 663,162 575,567 642,412 1,405,571 2,074,206 N.Bay/Case Inlet Utility 877,460 868,721 1,037,051 1,100,127 1,424,200 1,777,042 N. Bay/Case Inlet Utility Reserve 717 722 733 Wastewater System Development 3,986 3,986 3,986 3,986 3,986 Rustlewood Sewer&Water 20,253 282,632 328,635 170,222 76,526 133,014 Beards Cove Water 265,784 353,122 418,698 472,008 545,155 604,335 Belfair WW&Water Reclamation 449,853 (29,881) 123,801 348,349 409,639 1,194,294 Reserve Landfill 510,125 512,291 480,930 461,715 444,835 443,520 Reserve Beards Cove Ulid 327,628 341,477 189,680 200,697 208,643 215,405 Storm Drain System Development 114,315 8,742 188,680 181,567 179,771 178,820 Information Technology 529,232 418,212 284,270 177,684 206,270 217,712 Equipment Rental&Revolving Fund 3,424,957 3,709,047 4,125,342 3,171,029 4,183,488 4,802,093 Unemployment Fund 162,807 151,699 169,702 155,910 180,388 196,228 TOTALS $26,316,526 $26,093,539 $28,684,382 $29,188,811 $32,102,657 $41,520,852 j:\Financiaism2i inancia s ecem er Financial Keport.xlsx MONTHLY FINANCIAL DECEMBER Y REPORT 2021 2021 Current Expense and Health Fund Motor Pool Budget to Actual Expenditures FUND OR DEPARTMENT ORIGINAL REVISED YTD MP AVAILABLE % USED APPROP BUDGET EXPENDED BUDGET ASSESSOR 34,908 34,908 33,358 1,550 95.56% EMERGENCY MANAGEMENT 0 0 374 -374 0% FACILITIES&GROUNDS 10,377 21,307 22,105 -798 103.75% COMMUNITY SERVICES 46,151 46,151 46,421 -270 100.59% PARKS&TRAILS 3,555 12,055 11,234 821 93.19% JUVENILE COURT SERVICES 8,480 8,480 6,873 1,607 81.05% PROSECUTOR 6,646 6,646 6,429 217 96.73% CORONER 25,717 37,717 35,912 1,805 95.21% SHERIFF ADMIN 1,078,726 1,243,726 1,097,691 146,035 88.26% MOTOR POOL 55,968 49,538 30,480 19,058 61.53% Total 001 GENERAL FUND 1,270,528 1,460,528 1,290,877 169,651 88.38% SHERIFF'S BOATING PROGRAM 5,000 1,240 3,760 24.80% COMMUNITY SERVICES HEALTH 59,360 59,360 51,783 7,577 87.24% AMERICAN RESCUE PLAN ACT 25,790 -25,790 0% TOTAL SPECIAL FUNDS 59,360 64,360 78,813 -14,453 122.46% Total GENERAL FUND&SPECIAL FUNDS 1,329,888 1,524,888 1,369,690 155,198 89.82% TOTAL MOTOR POOL EXPENDITURES BY ORIGINAL REVISED YTD MP AVAILABLE %OF TOTAL OBJECT CODE APPROP BUDGET EXPENDED BUDGET MOTOR POOL SALARIES & BENEFITS 38,672 38,672 28,842 9,830 74.58% MOTOR POOL SUPPLIES 10,300 10,300 81,723 -71,423 793.43% MOTOR POOL FUEL 216,250 233,250 269,308 -36,058 115.46% MOTOR POOL LEASE 100 100 447,616 -447,516 447616.00% MOTOR POOL MAINT-MONTHLY 6,234 20,664 20,124 540 97.39% MOTOR POOL REPAIRS 79,836 84,836 53,735 31,101 63.34% MOTOR POOL INSURANCE 45,719 45,719 6,667 39,052 14.58% MOTOR POOL CAPITAL LEASE 559,158 552,728 14,579 538,149 2.64% MOTOR POOL CAP UPFIT 373,619 538,619 447,095 91,524 83.01% Total GENERAL FUND& HEALTH FUND 1,329,888 1,524,888 1,369,690 155,198 89.82% Unaudited *Benchmark for month is 100% 10 MASON COUNTY MONTHLY FINANCIAL REPORT DECEMBER 2021 2020 vs 2021 Special and Other Funds Revenue Comparison Revenue Revenue Fund Fund Name 2020 Budget Collected Uncollected %2020 2021 Budget Collected Uncollected %2021 Act vs 2 21020 No. Through End Revenue Through End Revenue of Month of Month 103 Sales&Use Tax 703,500 883,513 180,013 126% 728,500 1,029,182 300,682 141% 145,670 104 Auditor's O&M 118,500 141,946 23,446 120% 127,500 177,572 50,072 139% 35,625 105 County Road 15,862,898 14,039,763 (1,823,135) 89% 17,402,782 16,050,563 (1,352,219) 92% 2,010,800 106 Paths&Trails 12,695 11,184 (1,511) 88% 12,695 10,607 1 (2,088) 84% (577) 109 Election Equipment Holdings 38,500 67,542 29,042 175% 65,850 22,393 (43,457) 34% (45,149) 110 Crime Victims 41,910 78,243 36,333 187% 41,910 93,271 51,361 223% 15,027 114 Victim Witness Activities 55,683 50,369 (5,314) 90% 55,683 1,608 (54,075) 3% (48,761) 116 Historical Preservation 20,254 28,506 8,252 141% - - 0% (28,506) 117 Community Support Services 3,096,043 2,825,994 (270,049) 91% 6,219,483 5,770,460 (449,023) 93% 2,944,466 118 lAbatement 8,100 2,048 (6,052) 25% 7,920 1 371 (7,549) 5% (1,677) 120 REET&Property Tax Admin 20,800 24,011 3,211 115% 20,250 26,735 6,485 132% 2,724 134 National Forest Safety 23,092 21,466 (1,626) 93% 21,457 20,996 (461) 98% (470) 135 Trial Court Improvements 22,800 22,672 (128) 99% 22,672 22,652 (20) 100% (20) 140 Sheriff Special Funds 102,200 - (102,200) 0% - 0% - 141 Sheriff's Boating Program 208,947 150,446 (58,501) 72% 38,979 77,055 38,076 198% (73,392) 142 Narcotics Investigation Fund 96,797 96,938 141 100% 7,500 13,457 5,957 179% (83,481) 150 Community Services Health 4,154,872 3,009,429 (1,145,443) 72% 2,939,630 4,508,814 1,569,184 153% 1,499,385 155 American Rescue Plan Act - 0% 6,484,451 6,486,865 2,414 100% 6,486,865 160 Law Library 25,373 18,667 (6,706) 74% 24,900 23,429 (1,471) 94% 4,762 163 Lodging Tax(Hotel/Motel) 392,000 520,922 128,922 133% 392,000 869,863 477,863 222% 348,942 164 Mental Health 1,224,328 1,447,946 223,618 118% 1,231,968 1,477,798 245,830 120% 29,852 180 Treasurer's M&O Fund 195,025 201,822 6,797 103% 199,210 147,308 (51,902) 74% (54,514) 190 Veterans Assistance 145,060 145,195 135 100% 140,060 1 151,708 11,648 108% 61514 192 Skokomish Flood Zone 80,500 87,925 7,425 109% 20,500 1,212 (19,288) 6% (86,713) 194 Mason Lake Mngmt Dist#2 36,000 37,032 1,032 103% 36,500 36,098 (402) 99% (934) 195 Spencer Lake Mngmt Dist#3 14,500 15,532 1,032 107% 14,500 14,799 299 102% (733) 199 Island Lake Mngmt Dist#1 10,000 10,248 248 102% 10,000 10,048 48 100% (200) 350 REET 1 Capital Improvements 3,541,570 3,920,346 378,776 111% 1,220,000 2,140,699 920,699 175% (1,779,647) 351 REET 2 Capital Improvements 1,535,000 1,984,216 449,216 129% 1,210,000 2,352,022 1,142,022 194% 367,806 402 Mason County Landfill 4,509,280 5,337,394 828,114 118% 5,094,521 5,697,311 602,790 112% 359,917 403 N.Bay/Case Inlet Utility 1,835,584 2,265,054 429,470 123% 2,197,857 2,182,691 (15,166) 99% (82,363) 404 N.Bay/Case Inlet Utility Res 1 - (1) 0% - - 0% - 411 Rustlewood Sewer&Water 1,495,585 1,486,363 (9,222) 99% 376,725 388,808 12,083 103% (1,097,555) 412 Beards Cove Water 227,560 225,579 (1,981) 99% 232,793 223,400 (9,393) 96% (2,179) 413 Belfair WW&Water Reclamation 9,568,692 7,533,619 (2,035,074) 79% 7,475,158 6,214,593 (1,260,565) 83% (1,319,025) 428 Reserve Landfill 6,000 3,336 (2,664) 56% 1 6,000 465 (5,535) 8% (2,871) 429 Reserve Beards Cove ULID 11,500 11,700 200 102% 11,500 11,049 (451) 96% (651) 480 Storm Drain System Development 500 - (500) 0% 500 - (500) 0% - 500 Information Technology Dept 981,746 851,305 (130,441) 87% 962,574 1 962,574 - 100% 111,269 501 Equipment Rental&Revolving 3,520,491 3,755,746 235,255 107% 4,272,791 4,138,262 (134,529) 97% 382,516 Unemployment Fund 73,150 73,073 (77) 10C% 73,805 73,906 < 833 Totals T$ 54,017,036 $ 51,387,089 $ (2,629,947) 95% $ 59,401,124 61,430,641 $ 2,029,518 103/ 10,043,552 J:\Financials\2021 Financials\2021 December Financial Report.xlsx 11 MASON COUNTY MONTHLY FINANCIAL REPORT DECEMBER 2021 2020 vs 2021 Special and Other Funds Expenditure Comparison Fund Expenditures Expenditures Actual dlf 2020 No. Fund Name 2020 Budget through End of Unexpended %2020 2021 Budget through End of Unexpended %2021 vs 2021 Month Budget Authority Month Budget Authority 103 Sales&Use Tax 639,379 636,975 2,404 100% 663,051 662,485 566 100% 25,510 104 Auditor's O&M 138,104 96,406 41,698 70% 88,667 74,555 14,112 84% (21,851) 105 County Road 20,704,939 14,254,520 6,450,419 69% 21,570,530 1 17,475,138 4,095,392 81% 3,220,618 106 Paths&Trails 1,903 1,813 90 95% 2,238 2,103 135 94% 291 109 Election Equipment Holdings 30,615 2,060 28,555 7% 52,040 1,9S5 50,085 4% (106) 110 Crime Victims 93,234 81,595 11,639 88% 98,649 85,906 12,744 87% 4,311 114 Victim Witness Activities 60,234 50,005 10,229 83% 63,345 11,764 51,581 19% (38,241) 116 Historical Preservation 15,753 9,837 5,916 62% 60,000 48,147 11,853 80% 38,310 117 Community Support Services 3,403,069 2,475,316 927,753 73% 6,331,444 5,777,048 5S4,396 91% 3,301,732 118 jAbatement 54,518 1,579 52,939 3% 54,336 1,350 52,986 2% (228) 120 REET&Property Tax Admin 64,283 18,954 45,329 29% 64,672 14,819 49,853 23% (4,135) 134 National Forest Safety 88,092 30,622 57,470 35% 41,457 31,959 9,498 77% 1,337 135 Trial Court Improvements 7S,650 62,718 12,932 83% 51,380 1,844 49,536 4% (60,874) 140 Sheriff Special Funds 597,682 247,346 350,336 41% - - 0% (247,346) 141 Sheriff's Boating Program 38,187 31,744 6,443 83% 43,890 40,034 3,856 91% 8,290 142 Narcotics Investigation Fund 6,043 5,989 54 99% 8,204 6,562 1,642 80% 573 150 Community Services Health 4,222,907 3,332,996 889,911 79% 3,355,733 3,176,652 179,081 95% (156,344) 155 American Rescue Plan Act - 0% 6,494,451 1,429,986 5,054,465 22% 1,429,986 160 Law Library 36,365 31,876 4,489 88% 36,272 32,343 3,929 89% 467 163 Lodging Tax(Hotel/Motel) 637,791 487,599 150,192 76% 762,548 536,032 226,516 70% 48,434 164 Mental Health 1,439,941 1,222,197 217,744 85% 1,500,623 1,240,035 260,588 83% 17,838 180 Treasurer's M&O Fund 269,649 202,305 67,344 75% 293,195 185,431 107,764 63% (16,873) 190 jveterans Assistance 187,060 109,216 77,844 58% 191,422 90,531 100,891 47% (18,685) 192 Skokomish Flood Zone 108,543 85,729 1 22,814 79% 53,319 9,973 43,346 19% (75,756) 194 Mason Lake Mngmt Dist#2 129,000 7S,398 53,602 58% 145,500 40,766 104,734 28% (34,632) 195 Spencer Lake Mngmt Dist#3 14,500 8,738 5,762 60% 19,650 14,404 5,246 73% 5,666 199 Island Lake Mngmt Dist#1 29,000 9,631 19,369 33% 40,650 11,208 29,442 28% 1,577 350 REET 1 Capital Improvements 4,626,468 3,829,620 796,848 83% 2,912,161 2,415,682 496,479 83% (1,413,938) 351 REET 2 Capital Improvements 2,687,427 1,661,639 1,025,788 62% 2,090,995 1,268,875 822,120 61% (392,764) 402 Mason County Landfill 4,698,969 4,574,235 124,734 97% 5,376,235 5,028,676 347,559 94% 454,441 403 N.Bay/Case Inlet Utility 2,124,568 1,865,669 258,899 88% 2,217,382 1,829,849 387,533 83% (35,821) 404 N.Bay/Case Inlet Utility Res 654 - 654 0% - - 0% - 405 Wastewater System Development - 0% 3,986 3,986 (0) 100% 3,986 411 Rustlewood Sewer&Water 1,634,618 1,580,059 54,559 97% 482,065 332,320 149,745 69% (1,247,740) 412 Beards Cove Water 216,877 152,431 64,446 70% 218,444 164,220 54,224 75% 11,788 413 Belfair WW&Water Reclamation 9,440,716 7,472,329 1,968,387 79% 7,768,406 1 5,429,939 2,338,467 70% (2,042,390) 428 Reserve Landfill 26,168 20,216 5,952 77% 301,780 1,780 300,000 1% (18,436) 429 Reserve Beards Cove ULID 3,754 3,754 - 100% 4,286 4,286 - 100% 532 480 Storm Drain System Development 1,850 1,796 54 97% 1,029 951 78 92% (846) 500 Information Technology Dept 1,229,366 822,719 406,647 67% 1,039,722 951,132 88,590 91% 128,413 501 Equipment Rental&Revolving 4,128,801 2,791,705 1,337,096 68% 5,219,823 3,519,656 1,700,167 67% 727,951 502 Unemployment Fund 242,484 1 48,594 193,890 20% 230,005 58,067 171,938 9,473 Totals $ 64,149,161 1 $48,397,930 $ 15,751,231 75% $69,943,585 $52,012,447 $ 17,931,138 1 74% 1 3,614,517 J:\Financials\2021 Financials\2021 December Financial Report.xlsx 12 12:11 PM Mason County Treasurer's Office 01/12/22 Account QuickReport Accrual Basis As of December 31, 2021 Type Date Num Name Memo Split Amount Balance BONDS&LOANS-MASON COUNTY 24,086,087.75 WATER METER BEARDS COVE'18A 161,292.00 General Journal 06/15/2021 WIRE USDA Rural Develo... $2,217.00 M-... Bond Principal... -1,218.00 160,074.00 General Journal 12/15/2021 WIRE USDA Rural Develo... $2,201.00 M-... Bond Principal... -1,234.00 158,840.00 Total WATER METER BEARDS COVE'18A -2,452.00 158,840.00 BELFAIR WASTEWATER DOE L0400005 134,213.11 General Journal 03/20/2021 CHECK WA STATE DEPAR... WT#8077850... Bond Principal... -9,126.63 125,086.48 General Journal 0 8/1 812 02 1 CHECK WA STATE DEPAR... WT#8082838... Bond Principal... -9,195.29 115,891.19 Total BELFAIR WASTEWATER DOE L0400005 -18,321.92 115,891.19 BELFAIR WASTEWATER DOE L1200025 110,718.12 General Journal 06/30/2021 CHECK WA STATE DEPAR... WT#0808087... Bond Principal... -3,531.16 107,186.96 General Journal 12/15/2021 CHECK WA STATE DEPAR... WT#8084356... Bond Principal... -3,577.31 103,609.65 Total BELFAIR WASTEWATER DOE L1200025 -7,108.47 103,609.65 NBCI WASTEWATER L0000021 563,084.31 General Journal 03/01/2021 CHECK WA STATE DEPAR... WT#8077850... Bond Principal -187,694.75 375,389.56 General Journal 08/18/2021 CHECK WA STATE DEPAR... WT#8082838... Bond Principal -187,694.75 187,694.81 Total NBC[WASTEWATER L0000021 -375,389.50 187,694.81 REET1 TO BLDG#8 RESO#65-10 338,990.58 General Journal 06/01/2021 Transfer Mason County Publi... $7,378.59 M-... Bond Principal... -30,545.38 308,445.20 General Journal 07/20/2021 Transfer Mason County Publi... $939.82 M-76... Bond Principal... -308,445.20 0.00 Total REET1 TO BLDG#8 RESO#65-10 -338,990.58 0.00 MASON COUNTY LTGO 2021 REF BD 0.00 General Journal D5/27/2021 WIRE Cashmere Valley Ba... 2021 REF BD... Opening Bal E... 3,167,955.00 3,167,955.00 General Journal 11/30/2021 WIRE Cashmere Valley Ba... M-79819$25.... Bond Principal... -284,205.00 2,883,750.00 Total MASON COUNTY LTGO 2021 REF BD 2,883,750.00 2,883,750.00 MASON COUNTY LTGO 2020E REF BD 1,175,385.00 General Journal 06/01/2021 WIRE NORTH CASCADE... M-75105 $17... Bond Interest... 1,175,385.00 General Journal 11/30/2021 WIRE NORTH CASCADE... M-79812$14.... Bond Principal... -29,195.00 1,146,190.00 Total MASON COUNTY LTGO 2020B REF BD -29,195.00 1,146,190.00 MASON COUNTY LTGO 2020A REF BD 7,259,095.00 General Journal 06/10/2021 CHECK Columbia State Bank $84,145.02 M... Bond Interest... 7,259,095.00 General Journal 1 1/3 012 02 1 CHECK Columbia Bank $70,776.18 M... Bond Principal... -792,375.00 6,466,720.00 Total MASON COUNTY LTGO 202DA REF BD -792,375.00 6,466,720.00 WATER METER BEARDS COVE'19 105,315.59 General Journal 02/05/2D21 WIRE USDA Rural Develo... M-72003 $16... Bond Principal... -716.44 104,599.15 Page 1 12:11 PM Mason County Treasurer's Office 01/12/22 Account QuickReport Accrual Basis As of December 31, 2021 Type Date Num Name Memo Split Amount Balance General Journal 08/05/2021 WIRE USDA Rural Develo... M-76904$1,6... Bond Principal... -727.63 103,871.52 Total WATER METER BEARDS COVE'19 -1,444.07 103,871.52 MAS0144-2-1 PUBLIC WKS BD FUND 5,875,000.00 General Journal 06/01/2021 WIRE US BANK $146,875.00... Bond Principal... -725,000.00 5,150,000.00 General Journal 11/30/2021 WIRE US BANK $128,750.00 Bond Interest... 5,150,000.00 Total MAS0144-2-1 PUBLIC WKS BD FUND -725,000.00 5,150,000.00 N Bay/Case Inlet LTGO REF 2017 4,060,000.00 General Journal 06/01/2021 WIRE US BANK 72,037.50 M-... Bond Interest... 4,060,000.00 General Journal 11/30/2021 WIRE US BANK $72,037.50 M... Bond Principal... -125,000.00 3,935,000.00 Total N Bay/Case Inlet LTGO REF 2017 -125,000.00 3,935,000.00 Belfair Wastewater Reclamation 3,160,000.00 General Journal 05/27/2021 WIRE US BANK M-74998 REF... Bond Principal -3,160,000.00 0.00 General Journal 06/01/2021 WIRE US BANK $54,008.13 ... Bond Interest... 0.00 Total Belfair Wastewater Reclamation -3,160,000.00 0.00 Mason County LP_2016B Phone Sys 47,994.04 General Journal 06/01/2021 WIRE US BANK $1,199.85 Bond Principal... -47,994.04 0.00 Total Mason County LP_2016B Phone Sys -47,994.04 0.00 Mason County LTGO 2013 B-Jail 1,095,000.00 General Journal 06/01/2021 WIRE US BANK $31,333.43 ... Bond Interest... 1,095,000.00 General Journal 11/30/2021 WIRE US BANK $31,333.43 M... Bond Principal... -75,000.00 1,020,000.00 Total Mason County LTGO 2013 B-Jail -75,000.00 1,020,000.00 Total BONDS&LOANS-MASON COUNTY -2,814,520.58 21,271,567.17 TOTAL -2,814,520.58 21,271,567.17 Page 2 MASON COUNTY BRIEFING ITEM SUMMARY FORM To: Board of Mason County Commissioners From: Kelly Bergh for Jennifer Beierle Department: Support Services Ext: 644 Briefing Date: 1/24/2022 Previous Briefing Dates: If this is a follow-up briefing, please provide only new information Internal Review (please check all that apply): x❑ Budget/Finance ❑ Human Resources xl 1 Legal ❑ Information Technology ❑ Other — please explain Item: American Rescue Plan Act (ARPA) funding — New guidelines for the enforcement of Title VI, Civil Rights Act of 1964 Executive Summary: (If applicable, please include available options and potential solutions) On March 11, 2021, President Biden signed the American Rescue Plan Act of 2021 (HR 1319). Mason County will receive a total of $12,949,242 in grant funding. The US Treasury continues to update guidelines and compliance requirements. Addendums are required for each of the subrecipient agreements in place to address the updated guidelines for enforcement of Title VI, Civil Rights Act of 1964. Legal and Subrecipients have all signed the Addendums. Budget Impact: None Public Outreach: (Include any legal requirements, direct notice, website, community meetings, etc.) Recommended/Requested Action: Approval to authorize, Mark Neary, County Administrator to sign addendums. Attachments: US Department of the Treasury Civil Rights Compliance Guidance Addendums 0U.S.DEPARTMENT OF THE TREASURY Management and Budget(OMB) Compliance Supplements for audits of federal funds and related guidance and the Federal Audit Clearinghouse to see examples and single audit submissions. 4. Civil Rights Compliance. Recipients of Federal financial assistance from the Treasury are required to meet legal requirements relating to nondiscrimination and nondiscriminatory use of Federal funds. Those requirements include ensuring that entities receiving Federal financial assistance from the Treasury do not deny benefits or services, or otherwise discriminate on the basis of race, color, national origin (including limited English proficiency), disability, age, or sex (including sexual orientation and gender identity), in accordance with the following authorities:Title VI of the Civil Rights Act of 1964 (Title VI) Public Law 88-352, 42 U.S.C. 2000d-1 et seq., and the Department's implementing regulations, 31 CFR part 22; Section 504 of the Rehabilitation Act of 1973 (Section 504), Public Law 93-112, as amended by Public Law 93-516, 29 U.S.C.794; Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. 1681 et seq., and the Department's implementing regulations, 31 CFR part 28; Age Discrimination Act of 1975, Public Law 94-135,42 U.S.C. 6101 et seq., and the Department implementing regulations at 31 CFR part 23. In order to carry out its enforcement responsibilities under Title VI of the Civil Rights Act, Treasury will collect and review information from recipients to ascertain their compliance with the applicable requirements before and after providing financial assistance. Treasury's implementing regulations, 31 CFR part 22, and the Department of Justice (DOJ) regulations, Coordination of Non-discrimination in Federally Assisted Programs, 28 CFR part 42, provide for the collection of data and information from recipients(see 28 CFR 42.406). Treasury may request that recipients submit data for post-award compliance reviews, including information such as a narrative describing their Title VI compliance status. Coronavirus State and Local Fiscal Recovery Funds Compliance and Reporting Guidance 11 AMERICAN RESCUE PLAN ACT OF 2021 ADDENDUM TO AGREEMENT#21-092 Between MASON COUNTY and BELFAIR WATER DISTRICT#1 The purpose of this Addendum is to provide requirements by the U.S.Department of the Treasury regarding Civil Rights Compliance for use of ARPA funds for the New Belfair Well for UGA Commercial Core project. Recipients of Federal financial assistance from the Treasury are required to meet legal requirements relating to nondiscrimination and nondiscriminatory use of Federal funds.Those requirements include ensuring that entities receiving Federal financial assistance from the Treasury do not deny benefits or services,or otherwise discriminate on the basis of race,color, national origin(including limited English proficiency),disability,age,or sex(including sexual orientation and gender identity),in accordance with the following authorities:Title VI of the Civil Rights Act of 1964(Title VI)Public Law 88-352,42 U.S.C.2000d-1 et seq.,and the Department's implementing regulations, 31 CFR part 22; Section 504 of the Rehabilitation Act of 1973 (Section 504),Public Law 93-112,as amended by Public Law 93-516,29 U.S.C. 794; Title IX of the Education Amendments of 1972(Title IX),20 U.S.C. 1681 et seq.,and the Department's implementing regulations,31 CFR part 28;Age Discrimination Act of 1975, Public Law 94-135,42 U.S.C.6101 et seq.,and the Department implementing regulations at 31 CFR part 23. In order to carry out its enforcement responsibilities under Title VI of the Civil Rights Act, Treasury will collect and review information from non-Tribal recipients to ascertain their compliance with the applicable requirements before and after providing financial assistance. Treasury's implementing regulations,31 CFR part 22,and the Department of Justice(DOJ) regulations,Coordination of Non-discrimination in Federally Assisted Programs,28 CFR part 42,provide for the collection of data and information from recipients(see 28 CFR 42,406). Treasury may request that recipients submit data for post award compliance reviews,including information such as a narrative describing their Title VI compliance status. Treasury will provide a forthcoming update regarding civil rights compliance certifications for Tribal overnments. Mason County ecipient,Bel 'r Water Distri t#1 8y: Mark Neary,County Administrator Dale eneral Manager Date: Date: ATTEST: McKenzie Smith,Clerk of the Board Approved As To-Form: Whitfliead,Chief DPA AMERICAN RESCUE PLAN ACT OF 2021 ADDENDUM TO AGREEMENT#21-097 Between MASON COUNTY and CROSSROADS HOUSING The purpose of this Addendum is to provide requirements by the U.S. Department of the Treasury regarding Civil Rights Compliance for use of ARPA funds for the poor and infirm with a strong preference towards veterans of Mason County project. Recipients of Federal financial assistance from the Treasury are required to meet legal requirements relating to nondiscrimination and nondiscriminatory use of Federal funds. Those requirements include ensuring that entities receiving Federal financial assistance from the Treasury do not deny benefits or services, or otherwise discriminate on the basis of race, color, national origin(including limited English proficiency),disability,age, or sex(including sexual orientation and gender identity), in accordance with the following authorities: Title VI of the Civil Rights Act of 1964(Title VI)Public Law 88-352, 42 U.S.C. 2000d-1 et seq.,and the Department's implementing regulations,31 CFR part 22; Section 504 of the Rehabilitation Act of 1973 (Section 504),Public Law 93-112,as amended by Public Law 93-516, 29 U.S.C. 794; Title IX of the Education Amendments of 1972 (Title IX),20 U.S.C. 1681 et seq., and the Department's implementing regulations,31 CFR part 28;Age Discrimination Act of 1975, Public Law 94-135,42 U.S.C. 6101 et seq., and the Department implementing regulations at 31 CFR part 23. In order to carry out its enforcement responsibilities under Title VI of the Civil Rights Act, Treasury will collect and review information from non-Tribal recipients to ascertain their compliance with the applicable requirements before and after providing financial assistance. Treasury's implementing regulations,31 CFR part 22, and the Department of Justice(DOJ) regulations, Coordination of Non-discrimination in Federally Assisted Programs,28 CFR part 42,provide for the collection of data and information from recipients(see 28 CFR 42.406). Treasury may request that recipients submit data for post award compliance reviews,including information such as a narrative describing their Title VI compliance status.Treasury will provide a forthcoming update regarding civil rights compliance certifications for Tribal Governments. Mason County Recipient, Crossroa Housing By: By: Mark Neary, County Administrator Tanya razie Date: Date: wZ ATTEST: McKenzie Smith, Clerk of the Board Approved As To Form: Tim Whitehea ,-Criief DPA AMERICAN RESCUE PLAN ACT OF 2021 ADDENDUM TO AGREEMENT#21-085 Between MASON COUNTY and Economic Development Council of Mason County The purpose of this Addendum is to provide requirements by the U.S. Department of the Treasury regarding Civil Rights Compliance for use of ARPA fimds. Recipients of Federal financial assistance from the Treasury are required to meet legal requirements relating to nondiscrimination and nondiscriminatory use of Federal funds.Those requirements include ensuring that entities receiving Federal financial assistance from the Treasury do not deny benefits or services, or otherwise discriminate on the basis of race, color, national origin(including limited English proficiency), disability, age,or sex(including sexual orientation and gender identity),in accordance with the following authorities:Title VI of the Civil Rights Act of 1964(Title VI)Public Law 88-352, 42 U.S.C.2000d-1 et seq., and the Department's implementing regulations, 31 CFR part 22; Section 504 of the Rehabilitation Act of 1973 (Section 504),Public Law 93-112, as amended by Public Law 93-516,29 U.S.C.794; Title IX of the Education Amendments of 1972(Title IX),20 U.S.C. 1681 et seq., and the Department's implementing regulations, 31 CFR part 28; Age Discrimination Act of 1975, Public Law 94-135,42 U.S.C. 6101 et seq., and the Department implementing regulations at 31 CFR part 23. In order to carry out its enforcement responsibilities under Title VI of the Civil Rights Act, Treasury will collect and review information from non-Tribal recipients to ascertain their compliance with the applicable requirements before and after providing financial assistance. Treasury's implementing regulations,31 CFR part 22,and the Department of Justice(DOJ) regulations,Coordination of Non-discrimination in Federally Assisted Programs,28 CFR part 42,provide for the collection of data and information from recipients (see 28 CFR 42.406). Treasury may request that recipients submit data for post award compliance reviews, including information such as a narrative describing their Title VI compliance status. Treasury will provide a forthcoming update regarding civil rights compliance certifications for Tribal Governments. Mason County Economic Develo ment Council of Mason County By: By: Mark Neary,County Administrator Jen ar' ,Executive Director Date: Date. - •?,0 2 ATTEST: McKenzie Smith, Clerk of the Board Approved As To Form: Tim Whitehead,-rTiief DPA AMERICAN RESCUE PLAN ACT OF 2021 ADDENDUM TO AGREEMENT#21-088 Bethveen MASON COUNTY and HOOD CANAL COMMUNICATIONS The purpose of this Addendum is to provide acquirements by the U.S. Department of the Treasury regarding Civil Rights Compliance for use of ARPA funds for Residential Utility Assistance. Recipients of Federal financial assistance from the Treasury are required to meet legal requirements relating to nondiscrimination and nondiscriminatory use of Federal fiends. Those requirements include ensuring that entities receiving Federal financial assistance from the Treasury do not deny benefits or services,or otherwise discriminate on the basis of race,color, national origin(including limited English proficiency), disability, age,or sex(including sexual orientation and gender identity),in accordance with the following authorities:Title VI of the Civil Rights Act of 1964(Title VI)Public Law 88-352,42 U.S.C. 2000d-1 et seq.,and the Department's implementing regulations,31 CFR part 22;Section 504 of the Rehabilitation Act of 1973 (Section 504),Public Law 93-112,as amended by Public Law 93-516,29 U.S.C. 794; Title IX of the Education Amendments of 1972(Title IX),20 U.S.C. 1681 et seq.,and the Department's implementing regulations,31 CFR part 28;Age Discrimination Act of 1975, Public Law 94-135,42 U.S.C. 6101 et seq.,and the Department implementing regulations at 31 CFR part 23. In order to carry out its enforcement responsibilities under Title VI of the Civil Rights Act, Treasury will collect and review information from non-Tribal recipients to ascertain their compliance with the applicable requirements before and after providing financial assistance. Treasury's implementing regulations,31 CFR part 22,and the Department of Justice(DOJ) regulations,Coordination of Non-discrimination in Federally Assisted Programs,28 CFR part 42,provide for the collection of data and information from recipients(see 28 CFR 42.406). Treasury may request that recipients submit data for post award compliance reviews,including information such as a narrative describing their Title VI compliance status.Treasury will provide a forthcoming update regarding civil rights compliance certifications for Tribal Governments. Mason County Recipient,Hood Canal Communication By: By: A& /�?L9 ��. J,-, Mark Neary,County Administrator Mike Oblizalo,Vice Pr i ent Date: Date: /I/ Z3f ZUZ! T ATTEST: McKenzie Smith,Clerk of the Board Ap o Torm: Tim Whitehead,Chief DPA AMERICAN RESCUE PLAN ACT OF 2021 ADDENDUM TO AGREEMENT#21-086 Between MASON COUNTY and HOOD CANAL COMMUNICATIONS The purpose of this Addendum is to provide requirements by the U.S. Department of the Treasury regarding Civil Rights Compliance for use of ARPA funds for the Colony Surf Fiber Buildout. Recipients of Federal financial assistance from the Treasury are required to meet legal requirements relating to nondiscrimination and nondiscriminatory use of Federal funds.Those requirements include ensuring that entities receiving Federal financial assistance from the Treasury do not deny benefits or services,or otherwise discriminate on the basis of race, color, national origin(including limited English proficiency),disability,age,or sex(including sexual orientation and gender identity),in accordance with the following authorities:Title VI of the Civil Rights Act of 1964(Title VI)Public Law 88-352,42 U.S.C.2000d-1 et seq.,and the Department's implementing regulations, 31 CFR part 22; Section 504 of the Rehabilitation Act of 1973 (Section 504),Public Law 93-112,as amended by Public Law 93-516,29 U.S.C.794; Title IX of the Education Amendments of 1972(Title IX),20 U.S.C. 1681 et seq.,and the Department's implementing regulations, 31 CFR part 28;Age Discrimination Act of 1975, Public Law 94-135,42 U.S.C. 6101 et seq.,and the Department implementing regulations at 31 CFR part 23. In order to carry out its enforcement responsibilities under Title VI of the Civil Rights Act, Treasury will collect and review information from non-Tribal recipients to ascertain their compliance with the applicable requirements before and after providing financial assistance. Treasury's implementing regulations,31 CFR part 22, and the Department of Justice(DOJ) regulations, Coordination of Non-discrimination in Federally Assisted Programs,28 CFR part 42,provide for the collection of data and information from recipients(see 28 CFR 42.406). Treasury may request that recipients submit data for post award compliance reviews,including information such as a narrative describing their Title VI compliance status.Treasury will provide a forthcoming update regarding civil nights compliance certifications for Tribal Governments. Mason County Recipient,Hood Canal Communication By: By: Marls Neary,County Administrator Mike Oblizalo,Vice P • 'dent Date: Date: ATTEST: McKenzie Smith,Clerk of the Board Approved As To Form: Tim Whit hief DPA AMERICAN RE'SCUE PLAN ACT Or' 2021 ADDENDUM TO AGREEMENT 421-087 Between MASON COUNTY and HOOD CANAL COMMUNICATIONS The purpose of this Addendum is to provide requirements by the U.S.Department of the Treasury regarding Civil Rights Compliance for use of ARPA funds for the Eldon Fiber Buildout. Recipients of Federal financial assistance from the Treasury are required to meet legal requirements relating to nondiscrimination and nondiscriminatory use of Federal funds.Those requirements include ensuring that entities receiving Federal financial assistance from the Treasury do not deny benefits or services,or otherwise discriminate on the basis of race,color, national origin(including limited English proficiency),disability,age,or sex(including sexual orientation and gender identity),in accordance with the following authorities: Title VI of the Civil Rights Act of 1964(`title VI)Public Law 88-352,42 U.S.C.2000d-1 et seq.,and the Department's implementing regulations,31 CFR part 22; Section 504 of the Rehabilitation Act of 1973 (Section 504),Public Law 93-112,as amended by Public Law 93-516,29 U.S.C. 794; Title IX of the Education Amendments of 1972 (Title IX),20 U.S.C. 1681 et seq.,and the Department's implementing regulations,31 CFR part 28;Age Discrimination Act of 1975, Public Law 94-135,42 U.S.C. 6101 et seq.,and the Department implementing regulations at 31 CFR part 23. In order to carry out its enforcement responsibilities under Title VI of the Civil Rights Act, Treasury will collect and review information from non-Tribal recipients to ascertain their compliance with the applicable requirements before and after providing financial assistance. Treasury's implementing regulations, 31 CFR part 22,and the Department of Justice(DOJ) regulations, Coordination of Non-discrimination in Federally Assisted Programs,28 CFR part 42,provide for the collection of data and information fiom recipients(see 28 CFR 42.406). Treasury may request that recipients submit data for post award compliance reviews,including information such as a narrative describing their Title VI compliance status.Treasury will provide a forthcoming update regarding civil rights compliance certifications for Tribal Governments. Mason County Recipient,Hood Canal Communication By: By: - Mark Neary,County Administrator Mike Oblizalo,Vice Prj@9ent Date: Date: ATTEST: McKenzie Smith, Clerk of the Board Ap 3royed As To Form: Tim Wliiteliead,Cliief DPA I i AMERICAN RESCUE PLAN ACT OF 2021 ADDENDUM TO AGREEMENT 021-091 Between MASON COUNTY and Public Utility District No. 1 of Mason County The purpose of this Addendum is to provide requirements by the U.S.Department of the Treasury regarding Civil Rights Compliance for use of ARPA funds for the Agate Beach project. Recipients of Federal financial assistance from the Treasury are required to meet legal requirements relating to nondiscrimination and nondiscriminatory use of Federal Rinds.Those requirements include ensuring that entities receiving Federal financial assistance from the Treasury do not deny benefits or services,or otherwise discriminate on the basis of race,color, national origin(including limited English proficiency),disability,age,or sex(including sexual orientation and gender identity),in accordance with the following authorities: Title VI of the Civil Rights Act of 1964(Title VI)Public Law 88-352,42 U.S.C.2000d-1 et seq.,and the Department's implementing regulations, 31 CFR part 22; Section 504 of the Rehabilitation Act of 1973 (Section 504),Public Law 93-112,as amended by Public Law 93-516,29 U.S.C. 794; Title IX of the Education Amendments of 1972(Title IX),20 U.S.C. 1681 et seq.,and the Department's implementing regulations, 31 CFR part 28;Age Discrimination Act of 1975, Public Law 94-135,42 U.S.C. 6101 et seq., and the Department implementing regulations at 31 CFR part 23. In order to carry out its enforcement responsibilities under Title VI of the Civil Rights Act, Treasury will collect and review information from non-Tribal recipients to ascertain their compliance with the applicable requirements before and after providing financial assistance. Treasury's implementing regulations,31 CFR part 22, and the Department of Justice(DOJ) regulations,Coordination of Non-discrimination in Federally Assisted Programs,28 CFR part 42,provide for the collection of data and information from recipients(see 28 CFR 42.406). Treasury may request that recipients submit data for post award compliance reviews,including information such as a narrative describing their Title VI compliance status. Treasury will provide a forthcoming update regarding civil rights compliance certifications for Tribal Governments. Mason County Recipient,Public Utility District No. 1 of Mason C mty By: By: Mark Neaiy,County Adininistratoi• Kristin Mastelle , General Manager. Date: Date: t ATTEST: McKenzie Smith,Cleric of the Board Ap �-To Form: Tim Whitehead,Chief DPA I AMERICAN RESCUE PLAN ACT OF 2021 ADDENDUM TO AGREEMENT#21-090 Behveen MASON COUNTY and Public Utility District No. 1 of Mason County The purpose of this Addendum is to provide requirements by the U.S.Department of the Treasury regarding Civil Rights Compliance for use of ARPA funds for the Vuecrest Storage Upgrade. Recipients of Federal financial assistance from the Treasury are required to meet legal requirements relating to nondiscrimination and nondiscriminatory use of Federal fiends.Those requirements include ensuring that entities receiving Federal financial assistance from the Treasury do not deny benefits or services,or otherwise discriminate on the basis of race,color, national origin(including limited English proficiency), disability,age,or sex(including sexual orientation and gender identity),in accordance with the following authorities:Title VI of the Civil Rights Act of 1964(Title VI)Public Law 88-352,42 U.S.C.2000d-1 et seq.,and the Department's implementing regulations, 31 CFR part 22; Section 504 of the Rehabilitation Act of 1973 (Section 504),Public Law 93-112,as amended by Public Law 93-516,29 U.S.C.794; Title IX of the Education Amendments of 1972(Title IX),20 U.S.C. 1681 et seq.,and the Department's implementing regulations,31 CFR part 28;Age Discrimination Act of 1975, Public Law 94-135,42 U.S.C. 6101 et seq.,and the Department implementing regulations at 31 CFR part 23. In order to carry out its enforcement responsibilities under Title VI of the Civil Rights Act, Treasury will collect and review information from non-Tribal recipients to ascertain their compliance with the applicable requirements before and after providing financial assistance. Treasury's implementing regulations,31 CFR part 22,and the Department of Justice(DOJ) regulations, Coordination of Non-discrimination in Federally Assisted Programs, 28 CFR part 42,provide for the collection of data and information fiom recipients (see 28 CFR 42.406). Treasury may request that recipients submit data for post award compliance reviews,including information such as a narrative describing their Title VI compliance status. Treasury will provide a forthcoming update regarding civil rights compliance certifications for Tribal Governments. Mason County Recipient,Public Utility Dis4rict NO. I of Mason unty By: By:A&049�_ Marls Neaiy,County Adininistratox• Kristin Masteller, General Manager Date: Date: ATTEST: McKenzie Smith,Cleric of the Board oved As To Form: Tern hitelreac , Chief DPA i I 1 i AMERICAN RESCUE PLAN ACT OF 2021 ADDENDUM TO AGREEMENT#21-089 Between MASON COUNTY and Public Utility District No. 1 of Mason County The purpose of this Addendum is to provide requirements by the U.S. Department of the Treasury regarding Civil Rights Compliance for use of ARPA funds for Residential Utility Assistance. Recipients of Federal financial assistance from the Treasury are required to meet legal requirements relating to nondiscrimination and nondiscriminatory use of Federal fiends.Those requirements include ensuring that entities receiving Federal financial assistance from the Treasury do not deny benefits or services,or otherwise discriminate on the basis of race,color, national origin(including limited English proficiency),disability, age,or sex(including sexual orientation and gender identity),in accordance with the following authorities: Title VI of the Civil Rights Act of 1964(Title VI)Public Law 88-352,42 U.S.C.2000d-1 et seq., and the Department's implementing regulations,31 CFR part 22; Section 504 of the Rehabilitation Act of 1973 (Section 504),Public Law 93-112,as amended by Public Law 93-516,29 U.S.C.794; Title IX of the Education Amendments of 1972(Title IX),20 U.S.C. 1681 et seq., and the Department's implementing regulations,31 CFR part 28;Age Discrimination Act of 1975, Public Law 94-135,42 U.S.C. 6101 et seq., and the Department implementing regulations at 31 CFR part 23. In order to carry out its enforcement responsibilities under Title VI of the Civil Rights Act, Treasury will collect and review information from non-Tribal recipients to ascertain their compliance with the applicable requirements before and after providing financial assistance. Treasury's implementing regulations,31 CFR part 22, and the Department of Justice(DOJ) regulations,Coordination of Non-discrimination in Federally Assisted Programs,28 CFR part 42,provide for the collection of data and information from recipients(see 28 CFR 42.406). Treasury may request that recipients submit data for post award compliance reviews, including information such as a narrative describing their Title VI compliance status. Treasury will provide a forthcoming update regarding civil rights compliance certifications for Tribal Governments. Mason County Recipient,Public Ut' ity District No. 1 of Mason unty By: B Marlc Ncaty,County Administrator Kristin Ma teller General Manager Date: Date: ATTEST: i McKenzie Smith, Cleric of the Board Approved As To Form: Tim Whitehead,Chief DPA I I i MASON COUNTY BRIEFING ITEM SUMMARY FORM To: Board of Mason County Commissioners From: Mark Neary Department: County Administrator Ext: 530 Briefing Date: 1/24/2022 Previous Briefing Dates: 08/3/2021 If this is a follow-up briefing, please provide only new information Internal Review (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal ❑ Information Technology ❑ Other— please explain Item: Request from PUD#1 to re-allocate remaining ARPA funding for customer arrearages due to COVID to Fiber Deployment project along the Hwy 101 corridor. Executive Summary: (If applicable, please include available options and potential solutions) On August 3, 2021 the Board of County Commissioners awarded PUD#1 $125,000 of ARPA funds to assist customers in arrearages due to a COVID related event that impacted their ability to stay current on their utility bills. In 2021 the PUD#1 expended $6,578 leaving a remaining balance of $118,422 available for this purpose. PUD#1 is requesting the commissioners re-allocate $100,000 of the remaining balance to the project noted below. PUD#1 in partnership with Hood Canal Communications was awarded a grant from CERB for fiber deployment along Highway 101 corridor in August of 2021. Recent responses to the call for bids on the project reflect substantial increases in material prices that exceed the amount awarded through CERB. Budget Impact: No budget impact —transfer from original award for customer arrearages to fiber deployment project. Recommended/Requested Action: Place on February Is' board agenda to approve the transfer of $100,000 of ARPA funding originally awarded for customer arrearages to the fiber deployment project along Highway 101. Attachments: Request letter from PUD#1 AS UN PUBLIC UTILITY DISTRICT NO. 1 BOARD OF COMMISSIONERS OF MASON COUNTY MIKE SHEETZ,Commissioner N.21971 Hwy. 101 JACK JANDA,Commissioner Shelton,Washington 98584 RON GOLD,Commissioner January 19, 2021 Mason County Board of Commissioners c/o Mark Neary 411 N. 5th Street Shelton, WA 98584 Re: Request to Reallocate ARPA Funding Request Dear Mark, Mason County PUD No. 1 in partnership with Hood Canal Communications was awarded a grant from CERB for fiber deployment along the Highway 101 Corridor. This project was also supported by the Commissioners through ARPA funding awarded to Hood Canal Communications. Since the grant application and subsequent award in August of 2021, material prices have increased substantially. Because of this, construction bids the District received are higher than the grant. The District was awarded $125,000 of APRA funding from Mason County to assist with customer arrearages. We would like to ask the Mason County Board of Commissioners to re-allocate $100,000 of the funding earmarked for customer arrearages to help close the gap for the fiber deployment project bid /CERB grant shortfall. The District has had success in applying assistance to customer accounts, but with other assistance programs available, the amount of assistance needed from ARPA isn't as high as we originally anticipated. Could you please add our request to Monday's briefing? Let me know if you have any questions or need additional information. Sincerely, I Katie Arnold District Treasurer (360)877-5249 (1 (800)544-4223 CP FAX(360)877-9274 www.mason-pudi.org MASON COUNTY BRIEFING ITEM SUMMARY FORM To: Board of Mason County Commissioners From: McKenzie Smith Department: Support Services Ext: 589 Briefing Date: January 24, 2022 Previous Briefing Dates: If this is a follow-up briefing, please provide only new information Internal Review (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal ❑ Information Technology ❑ Other— please explain Item: Zoom chat settings for Briefings and Commission meetings Executive Summary: (If applicable, please include available options and potential solutions) While in a Zoom meeting, there are four chat settings: 1. No one — disables in-meeting chat completely 2. Host and co-host— only the host and co-host can send messages to everyone; participants can still send private messages to the host 3. Everyone— participants can only send public messages that are visible to all participants; participants can still send private messages to the host 4. Everyone and anyone directly— participants can send public or private messages and public messages are visible to all participants; private messages that are sent to a specific participant are not visible to the host If we choose to allow in-meeting chat, we are able to save the chat manually or automatically via Zoom. However, any chat sent privately to another attendee cannot be saved by the host. The attendees would be responsible for saving the chat and sending it to the host. The host is only able to save the chats sent directly to the host or to "everyone". Budget Impact: None Recommended/Requested Action: Choose option three, 'everyone", where participants can only send public messages that are visible to all participants but also have the ability to send messages directly to the host. Attachments: Chat settings and save options sheet Manage chat settings If you're the meeting host.you can change the in-meeting chat settings. 1.While in a meeting.click Chat*in the meeting controls. 2.Click the ellipses icon•••to display in-meeting chat settings. 3.You can access the following options: • Save chat:Save all chat messages in a TXT file.Saved to the same location as local recording files. • Participant can chat with:Control who participants can chat with. • No one:Disables in-meeting chat • Host and co-hosts:Only the host and co-host can send messages to everyone.Participants can stil I send private messages to the host. • Everyone:Participants can only send public messages.Public messages are visible to all participants.Participants can still send private messages to the host. • Everyone and anyone directly:Participants can send public or private messages.Public messages are visible to all participants. Private messages are sent to a specific participant.and are not visible to the host How to save in-meeting chat manually Before you can save your in-meeting chat manually,you must have the Chat setting enabled with the Allow users to save chats from the meeting check box selected.When you save your in-meeting chat during the meeting.it will save locally to your computer. To save in-meeting chat manually: 1.Join or start a meeting. 2.During the meeting.click Chat*. 3.At the bottom of the chat window.click the ellipses•••.then click Save Chat. This will save your chat to your local recording location.The default is your Documents folder/Zoom/Folderwith meeting name,date,and time. Note:Under the(enabled)Chat setting.if the Allow users to save chats from the meeting check box is deselected.this prevents all meeting participants.including the host,from saving the chat transcript. How to auto-save in-meeting chat Hosts can automatically save all in-meeting chats so that they do not need to manually save the text of the chat after the meeting starts.Before automatically saving in-meeting chats.hosts must enable the Auto saving chats setting. Note:Auto-saving chat will only auto-save for the host:thus.the host has to be present in the meeting for a local chat transcript to be saved. \may of SHEZTo v 2 9Sy'N G"O Leadership Breakfast Shelton City Council — Mason County Commission — Port of Shelton Commission Meeting Agenda January 28, 2022 9:00 a.m. to 11:00 a.m. The Ridge Motorsports Park 1. Call to Order 10 Minutes. Welcome and Purpose Jeff Niten, Mark Neary and Wendy Smith 2. Introduction of Agenda Items 25 Minutes. A. Annexation blueprint/MOU/ILA: Discussion regarding annexation blueprint and timing, application of common development standards within the Urban Growth Area. 25 Minutes. B. Economic Development opportunities: Open discussion about opportunities and how we can support each other. 25 Minutes. C. Sewer capacity expansion: Outline of concept to expand capacity at the satellite treatment plant to support job growth. 25 Minutes. D. Land exchanges: Discussions about potential land exchanges to support additional capacity for sanitary sewer, protection of economic development assets (airport) and potential for jail facilities to support community safety. 25 Minutes. 3. Closing Comment 10 Minutes. MASON COUNTY BRIEFING ITEM SUMMARY FORM To: Board of Mason County Commissioners From: Lisa Frazier Department: Treasurer Ext: 484 Briefing Date: 1/24/2022 Previous Briefing Dates: N/A If this is a follow-up briefing, please provide only new information Internal Review (please check all that apply): ❑ Budget/Finance [I Human Resources ❑ Legal ❑ Information Technology ❑ Other — please explain Item: 2022 Uncollectible Personal Property Taxes — Affidavit of Mason County Treasurer Executive Summary: (If applicable, please include available options and potential solutions) RCW 84.56.240 — states in part that if the county treasurer is unable for want of goods or chattels whereupon to levy, to collect by distress or otherwise, the taxes, or any part thereof, which may have been assessed upon the personal property of any person or corporation......, the treasurer shall file with the county legislative authority, on the first day of February following, a list of such taxes. Budget Impact: There is a budget impact to the outstanding delinquent property tax collection revenues of $6,888.31. Public Outreach: (Include any legal requirements, direct notice, website, community meetings, etc.) N/A Recommended/Requested Action: Approval to cancel the uncollectible personal property taxes as listed by the Mason County Treausrer. Attachments: Resolution approving cancelation of uncollectible personal property taxes Resolution No. 2022 Uncollectible Personal Property Taxes Affidavit of Mason County Treasurer Elisabeth (Lisa) Frazier WHEREAS, RCW 84.56.240 states in part that if the county treasurer is unable for the want of goods or chattels whereupon to levy, to collect by distress or otherwise,the taxes, or any part thereof, which may have been assessed upon the personal property of any person or corporation........., the treasurer shall file with the county legislative authority, on the first day of February following, a list of such taxes. THEREFORE, pursuant to RCW 84.56.240, 1 Elisabeth (Lisa) Frazier, Mason County Treasurer, and or my deputy entrusted with the collection of the taxes have made a diligent search and inquiry for goods and chattels wherewith to make such taxes, and was unable to make or collect the same as shown on attachment"A". NOW THEREFORE, the Mason County Board of County Commissioner's hereby accepts the affidavit of the Mason County Treasurer and hereby approves the cancellation of uncollectible personal property taxes as shown on attachment"A". Dated this day of February, 2022. BOARD OF MASON COUNTY COMMISSIONERS ATTESTED TO: Kevin Shutty, Commissioner and Chair Elisabeth (Lisa) Frazier, Mason County Treasurer Sharon Trask,Vice Chair ATTESTED TO: Randy Neatherlin, Commissioner Mckenzie Smith, Clerk of the Board APPROVED AS TO FORM: Tim Whitehead, Chief Deputy Prosecuting Attorney 1 2022 UNCOLLECTIBLE PERSONAL PROPERTY TAXES AFFIDAVIT OF MASON COUNTY TREASURER ELISABETH (LISA) FRAZIER ATTACHMENT "A" PARCEL# NAME DESCRIPTION YEAR TAXES 10-05903 EAGLE CREEK SALOON Trade - Eating & Drinking(58) 2019 $81.41 2020 $91.01 REASON Uncollectible/ Business closed 2020 2021 $89.34 Unable to contact owner after several attempts & account retired Mason County Treasurer's office has exhausted all efforts to collect the 2019 through 2021 taxes. $261.76 10-06174 NORTHERN LEASING SYSTEMS INC Services-Business(63) 2021 $12.37 REASON Uncollectible/ Business closed 2020 Unable to contact owner& account retired Mason County Treasurer's office has exhausted all efforts to collect the 2021 taxes. $12.37 Commercial - Fabricated Metal 10-07125 FRASER METAL WORKS Products(34) 2018 $1,973.12 REASON Uncollectible/ Business closed 2017 Business filed Bankruptcy 6/14/17 Mason County Treasurer's office has exhausted all efforts to collect the 2018 taxes. $1,973.12 10-07183 TAQUERIA LUPITAS Trade-Eating & Drinking(58) 2019 $64.80 REASON Uncollectible/Business sold 2018 Unable to contact owner after several attempts & account retired Mason County Treasurer's office has exhausted all efforts to collect the 2019 taxes. $64.80 10-07310 ESPRESSO GONE WILD Trade-Eating & Drinking(58) 2019 $18.09 2020 $26.56 REASON Uncollectible/Business torn down/moved 2021 2021 $19.24 Unable to contact owner and all equipment gone Mason County Treasurer's office has exhausted all efforts to collect the 2019 through 2021 taxes. $63.89 10-07337 OFF THE WALLS GALLERY Trade-Furniture & Equipment(57) 2018 $54.01 2019 $15.50 REASON Uncollectible/Business closed 2019 2020 $15.05 Unable to contact owner after several attempts & account retired Mason County Treasurer's office has exhausted all efforts to collect the 2018 through 2020 taxes. $84.56 10-07389 BRILLIANT MOON Trade-General Merchandise(53) 2018 $273.96 2019 $152.98 REASON Uncollectible/Business closed 2019 2020 $129.56 Unable to contact owner after several attempts & account retired Mason County Treasurer's office has exhausted all efforts to collect the 2018 through 2020 taxes. $556.50 _ �_._... 10-07460 BATSTONE BUD SHOP Trade-Other(59) 2020 $198.38 REASON Uncollectible/Business closed 2019 Unable to contact owner after several attempts & account retired Mason County Treasurer's office has exhausted all efforts to collect the 2020 taxes. $198.38 10-07461 420 DOWNTOWN Trade-Other(59) 2018 $293.43 2019 $194.58 REASON Uncollectible/Business closed 2019 2020 $175.95 Unable to contact owner after several attempts & account retired Mason County Treasurer's office has exhausted all efforts to collect the 2018 through 2020 taxes. $663.96 10-07486 DEANO'S DOG HOUSE & ESPRESSO LLC Trade-Other(59) 2019 $115.50 2020 $120.48 REASON Uncollectible/Owners filed Bankruptcy 10/8/2020 2021 $108.45 Unable to collect- equipment gone Mason County Treasurer's office has exhausted all efforts to collect the 2019 through 2021 taxes. $344.43 10-07525 TARA P PALA Trade-General Merchandise(53) 2019 $94.43 2020 $88.96 REASON Uncollectible/Business closed 2020 2021 $72.29 Unable to contact owner after several attempts & account retired Mason County Treasurer's office has exhausted all efforts to collect the 2019 through 2021 taxes. $255.68 10-07536 THE GARAGE ESPRESSO Trade-Eating & Drinking(58) 2018 $288.90 REASON Uncollectible/Business closed 2017 Unable to contact owner after several attempts & account retired Mason County Treasurer's office has exhausted all efforts to collect the 2018 taxes. $288.90 10-07640 HOMETOWN HOSPITALITY SERVICES Services-Personal(62) 2020 $59.03 REASON Uncollectible/Business closed 2019 Unable to contact owner after several attempts & account retired Mason County Treasurer's office has exhausted all efforts to collect the 2020 taxes. $59.03 - INEF 10-07657 NORTHWEST GARAGE Services-Professional(65) 2019 $67.49 2020 $62.45 REASON Uncollectible/Business closed 2019 Unable to contact owner after several attempts & account retired Mason County Treasurer's office has exhausted all efforts to collect the 2019 & 2020 taxes. $129.94 10-07676 CRENSHAW LANDSCAPING, LLC Services-Contract(66) 2019 $69.13 REASON Uncollectible/Business closed 2018 Unable to contact owner after several attempts & account retired Mason County Treasurer's office has exhausted all efforts to collect the 2019 taxes. $69.13 10-07680 HELP IS ON THE WAY Services-Contract(66) 2019 $20.60 2020 $20.23 REASON Uncollectible/Business closed 2021 2021 $16.65 Unable to contact owner and account retired Mason County Treasurer's office has exhausted all efforts to collect the 2019 through 2021 taxes. $57.48 10-07701 DAYTON CLOCK REPAIR LLC Services-Repair(64) 2019 $9.14 2020 $8.74 REASON Uncollectible/Business closed 2019 Unable to contact owner after several attempts & account retired Mason County Treasurer's office has exhausted all efforts to collect the 2019 & 2020 taxes. $17.88 10-07717 CLEAR VIEW GLASS & DOOR LLC Services-Contract(66) 2019 $36.21 REASON Uncollectible/Business closed 2018 Unable to contact owner after several attempts & account retired Mason County Treasurer's office has exhausted all efforts to collect the 2019 taxes. $36.21 r> , 10-07728 DICKEY DOGS LLC Trade-Eating & Drinking(58) 2019 $32.00 REASON Uncollectible/Business closed 2018 Unable to contact owner after several attempts & account retired Mason County Treasurer's office has exhausted all efforts to collect the 2019 taxes. $32.00 10-07736 JORDAN'S FITNESS & NUTRITION Services-Personal(62) 2019 $28.30 2020 $25.80 REASON Uncollectible/Business closed 2019 Unable to contact owner after several attempts & account retired Mason County Treasurer's office has exhausted all efforts to collect the 2019 & 2020 taxes. $54.10 10-07751 VICE CITY ESPRESSO Trade-Eating & Drinking(58) 2019 $53.45 2020 $47.15 REASON Uncollectible/Business closed 2019 Unable to contact owner after several attempts & account retired Mason County Treasurer's office has exhausted all efforts to collect the 2019 & 2020 taxes. $100.60 ALI �. . 10-07811 SITKA SECURITY LLC Services-Professional(65) 2019 $13.10 2020 $12.85 REASON Uncollectible/Business closed 2019 Unable to contact owner after several attempts & account retired Mason County Treasurer's office has exhausted all efforts to collect the 2019 & 2020 taxes. $25.95 10-07840 HOOD CANAL CONCRETE LLC Services-Contract(66) 2019 $21.34 REASON Uncollectible/Business closed 2018 Unable to contact owner after several attempts & account retired Mason County Treasurer's office has exhausted all efforts to collect the 2019 taxes. $21.34 10-07849 REDNECK FEED LLC Trade-Retail Trade(52) 2019 $54.75 REASON Uncollectible/Business moved 2018 Unable to contact owner and account retired Mason County Treasurer's office has exhausted all efforts to collect the 2019 taxes. $54.75 10-07913 ALL PROPERTY MAINTENANCE Services-Contract(66) 2019 $25.15 REASON Uncollectible/Business closed 2018 Unable to contact owner after several attempts & account retired Mason County Treasurer's office has exhausted all efforts to collect the 2019 taxes. $25.15 10-07939 THE CUT BARBERSHOP Services-Personal(62) 2019 $69.54 2020 $65.51 REASON Uncollectible/Business closed 2019 Unable to contact owner after several attempts & account retired Mason County Treasurer's office has exhausted all efforts to collect the 2019 & 2020 taxes. $135.05 10-08002 PAUL KEMP Trade-General Merchandise(53) 2020 $68.68 REASON Uncollectible/Business closed 2019 Unable to contact owner after several attempts & account retired Mason County Treasurer's office has exhausted all efforts to collect the 2020 taxes. $68.68 10-08013 COUGAR HOUSE GARAGE LLC Services-Repair(64) 2020 $88.63 REASON Uncollectible/Business closed 2019 Unable to contact owner after several attempts & account retired Mason County Treasurer's office has exhausted all efforts to collect the 2020 taxes. $88.63 OWL 10-08018 ETERNITY INK TATTOO LLC Services-Personal(62) 2019 $37.73 2020 $38.18 REASON Uncollectible/Business closed 2019 Unable to contact owner after several attempts/ no listing provided Mason County Treasurer's office has exhausted all efforts to collect the 2019 & 2020 taxes. $75.91 10-08035 VISIT SERVICES OF WASHINGTON LLC Services-Personal(62) 2020 $15.16 2021 $12.29 REASON Uncollectible/Business closed 2020 Unable to contact owner after several attempts & account retired Mason County Treasurer's office has exhausted all efforts to collect the 2020 & 2021 taxes. $27.45 10-08073 RECYCLED TREASURE LLC Trade-Furniture&Equipment(57) 2020 $10.38 REASON Uncollectible/Business closed 2019 Unable to contact owner after several attempts & account retired Mason County Treasurer's office has exhausted all efforts to collect the 2020 taxes. $10.38 10-08089 HOSKINS, AMBER RENEE Services-Personal(62) 2020 $37.90 2021 $30.73 REASON Uncollectible/Business moved 2020 Unable to contact owner after several attempts/ no listing provided Mason County Treasurer's office has exhausted all efforts to collect the 2020 & 2021 taxes. $68.63 10-08090 BURBRIDGE, KASEY LEEANN Services-Personal(62) 2020 $37.90 2021 $30.73 REASON Uncollectible/Business moved 2020 Unable to contact owner after several attempts/ no listing provided Mason County Treasurer's office has exhausted all efforts to collect the 2020 & 2021 taxes. $68.63 I 10-08097 KING LOGGING LLC Services-Contract(66) 2021 $27.13 REASON Uncollectible/Business closed 2020 Unable to contact owner after several attempts/ no listing provided Mason County Treasurer's office has exhausted all efforts to collect the 2021 taxes. $27.13 10-08127 SPEER, CONNIE CHEYENNE Services-Personal(62) 2020 $37.90 2021 $30.73 REASON Uncollectible/Business closed 2020 Unable to contact owner after several attempts/ no listing provided Mason County Treasurer's office has exhausted all efforts to collect the 2020 & 2021 taxes. $68.63 10-08131 CATERED 2U LLC Services-Professional(65) 2020 $41.90 REASON Uncollectible/Business closed 2019 Unable to contact owner after several attempts/ no listing provided Mason County Treasurer's office has exhausted all efforts to collect the 2020 taxes. $41.90 10-08157 AGUIRRE GASPAR, DOMINGA Trade-Eating & Drinking(58) 2020 $50.15 REASON Uncollectible/Business closed 2019 Unable to contact owner after several attempts/ no listing provided Mason County Treasurer's office has exhausted all efforts to collect the 2020 taxes. $50.15 10-08170 MIGUEL LANDSCAPING LLC Services-Contract(66) 2020 $34.89 2021 $24.34 REASON Uncollectible/Business closed 2020 Unable to contact owner after several attempts & account retired Mason County Treasurer's office has exhausted all efforts to collect the 2020 & 2021 taxes. $59.23 10-08187 SKILLED MARINE ADVISING LLC Services-Business(63) 2021 $4.34 REASON Uncollectible/Business closed 2020 Unable to contact owner after several attempts/ no listing provided Mason County Treasurer's office has exhausted all efforts to collect the 2021 taxes. $4.34 10-08202 PERFORMANCE PAINTING & COATING LLC Services-Contract(66) 2020 $34.40 2021 $23.63 REASON Uncollectible/Business closed 2021 Unable to contact owner after several attempts/ no listing provided Mason County Treasurer's office has exhausted all efforts to collect the 2020 & 2021 taxes. $58.03 10-08222 AMERICAN BOOSTER INC Trade-General Merchandise(53) 2020 $10.81 2021 $9.29 REASON Uncollectible/Business closed 2020 Unable to contact owner after several attempts & account retired Mason County Treasurer's office has exhausted all efforts to collect the 2020 & 2021 taxes. $20.10 10-08226 EDR EMPLOYMENT RESOURCES LLC Services-Professional(65) 2020 $11.40 2021 $10.00 REASON Uncollectible/Business closed 2020 Unable to contact owner after several attempts & account retired Mason County Treasurer's office has exhausted all efforts to collect the 2020 & 2021 taxes. $21.40 30-06441 CLEAR RECON CORP Mobile Home 2018-T $187.14 2019 $168.12 REASON Uncollectible/Mobile Removed from Property 2019 2020 $186.87 Unable to contact owner and Mobile home no longer on property Mason County Treasurer's office has exhausted all efforts to collect the 2018 through 2020 taxes. $542.13 Total Cancellation $6,888.31 MASON COUNTY BRIEFING ITEM SUMMARY FORM To: Board of Mason County Commissioners From: Lisa Frazier Department: Treasurer Ext: 484 Briefing Date: 1/24/2022 Previous Briefing Dates: N/A If this is a follow-up briefing, please provide only new information Internal Review (please check all that apply): ❑ Budget/Finance I'l Human Resources ❑ Legal ❑ Information Technology ❑ Other — please explain Item: Acknowledgment of Receipt — 2021 Treasurer's Refund Report Executive Summary: (If applicable, please include available options and potential solutions) RCW 84.69.020 requires the county treasurer to make all refunds determined by this section and by the first Monday in February of each year, report to the county legislative authority a list of all refunds made under this section during the previous year. Budget Impact: Impact was shown as revenue refunds in the 2021 budget year in the amount of $289,373.99. Public Outreach: (Include any legal requirements, direct notice, website, community meetings, etc.) None Recommended/Requested Action: Acknowledgment that the Refund Report was received. Attachments: Treasurer's Annual Refund Report — Acknowledgement of Receipt MASON COUNTY BOARD OF COMMISSIONERS ACKNOWLEDGMENT OF RECEIPT According to RCW 84.69.020,the county treasurer shall make all refunds to be determined by this section, and by the first Monday in February of each year,report to the county legislative authority a list of all refunds made under this section during the previous year. The list is to include the name of the person receiving the refund,the amount of the refund, and the reason for the refund. The Mason County Board of Commissioners hereby acknowledges they are in receipt of the attached Treasurer's Refund Report (attachment"A")to support the refunds made to taxpayers during the year of 2021. Dated this , day of February, 2022. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Kevin Shutty, Chair Sharon Trask,Vice-Chair Randy Neatherlin, Commissioner ATTEST: McKenzie Smith, Clerk of the Board Cc: Mason County Treasurer TREASURER'S ANNUAL REFUND REPORT ATTACHMENT "A" Number of Refunds........................................... 251 Total Taxpayer refunds............................................ $ 289,373.99 Total Treasurer refunds............................................. $ 106,366.01 Total Amount of Refunds.......................................... $ 395,740.00 Reason for tax refunds as follows: Acreage Correction................................... 0 Administrative Segregation......................... 3 Apprasial Review....................................... 3 Assessment Roll Correction......................... 3 Board of Equalization................................. 1 Boundary Line Adjustment.......................... 0 Combination of Parcels.............................. 0 Destroyed Property.................................... 19 DFL/Open Space....................................... 0 Disabled Persons Exemption........................ 21 Double Assessment.................................... 2 Erroneous Assessment................................. 3 Erroneous Payment.................................... 2 Fire Patrol Cancel...................................... 0 Manifest Error............................................. 34 Misc. Change............................................ 4 Now Exempt Property................................. 3 Posting Error............................................... 13 Reappraisal Request.................................. 0 Segregation.............................................. 8 Senior Exemption....................................... 130 State Board of Tax Appeals......................... 0 Taxes Paid Twice........................................ 2 TOTAL 251 TREASURER'S ANNUAL REFUND REPORT ATTACHEMENT"A" TOTAL I TAXPAYER I TREASURER $ 395,740.00 1 $ 289,373.99 1 $ 106,366.01 Name Rigson Amount Amount Mason County Treasurer Administrative Seg $ 1,865.49 Mason County Treasurer Administrative Seg $ 277.98 North Mason Food Bank Administrative Seg $ 1,054.93 Air Products & Chemicals Inc Appraisal Review $ 21.15 Hood Canal Grocery Inc Appraisal Review $ 1,292.39 Wells Fargo Financial Leasing, Inc Appraisal Review $ 14.53 Sam Loomis Assessment Roll Correction $ 502.12 Aleksandr & Larisa Burich Assessment Roll Correction $ 86.02 Lantern Loop Parcel 3 LLC Assessment Roll Correction $ 105.29 Constance L Simpson Board of Equalization $ 44.90 Robert & JoAnn Gerbing Destroyed Property $ 45.86 Great Market LLC Propet Development, Inc Destroyed Property $ 475.88 Mason County Treasurer Destroyed Property $ 23.38 Jordyn Forbes Destroyed Property $ 9.29 Elaine A Steege Destroyed Property $ 64.69 Brigmond Lohman Destroyed Property $ 831.51 Karen Hanley Destroyed Property $ 211.85 Linda J Dean & Greg Smith JT WROS Destroyed Property $ 1,307.73 Merrill A Russell Destroyed Property $ 906.82 Evergreen Home Loans Destroyed Property $ 913.88 Milan Bakalik Destroyed Property $ 684.47 Richard A Peet Destroyed Property $ 263.67 Stephen C Smith Destroyed Property $ 99.48 Michelle Larsen Destroyed Property $ 193.32 $ 135.58 Larry &Sue Culley Destroyed Property $ 1,874.29 Diane L Canfield Rev Living Trust Destroyed Property $ 405.42 Corelogic Tax Service Destroyed Property $ 484.73 Wells Fargo Destroyed Property $ 1,986.77 Timothy Burns Destroyed Property $ 714.56 Mason County Treasurer Disabled Persons Exemption $ 1,073.03 Brad Creamer Disabled Persons Exemption $ 631.73 Mason County Treasurer Disabled Persons Exemption $ 425.42 Heather Caille Disabled Persons Exemption $ 1,071.80 Wells Fargo Tax Service Disabled Persons Exemption $ 3,636.16 Corelogic Tax Service Disabled Persons Exemption $ 3,542.16 Corelogic Tax Service Disabled Persons Exemption $ 577.90 Lereta LLC Disabled Persons Exemption $ 786.29 Robert Weeks Disabled Persons Exemption $ 1,740.25 Gilford D or Betty J Palmer Disabled Persons Exemption $ 8,524.54 Andrea R Pare Disabled Persons Exemption $ 216.11 $ 1,170.76 Corelogic Tax Service Disabled Persons Exemption $ 1,180.23 Deborah A Riehl Disabled Persons Exemption $ 381.44 Randall Smith Disabled Persons Exemption $ 207.16 Heather Lewis Disabled Persons Exemption $ 464.23 Corelogic Tax Service Disabled Persons Exemption $ 942.55 Thomas F & Melinda E Bigley Disabled Persons Exemption--$ 3,598.67 Corelogic Tax Services, LLC Disabled Persons Exemption $ 1,681.92 Ginger Zehner & Roxanne D Zehner Disabled Persons Exemption $ 1,096.13 Charles J Glover Disabled Persons Exemption $ 4,353.45 Corelogic Tax Service Disabled Persons Exemption $ 813.41 Peter L Kaupanger Double Assessment $ 709.99 Mason County Treasurer Double Assessment $ 47.27 Janet Kron Erroneous Assessment $ 4,042.11 $ 568.91 Mason County Treasurer Erroneous Assessment $ 105.99 Manke Timber Company, Inc Erroneous Assessment $ 2,135.39 Mason County Treasurer Erroneous Payment $ 168.42 Michael G Halaier Chapter 13 Trustee Erroneous Payment $ 430.02 Mason County Treasurer Manifest Error $ 516.32 Mason County Treasurer Manifest Error $ 438.90 Kamin Properties Manifest Error $ 245.56 Mark E & Patricia A Bailey Manifest Error $ 823.04 Corelogic Tax Service Manifest Error $ 437.03 Mason County Treasurer Manifest Error $ 1,776.13 A Better Solution Storage LLC Manifest Error $ 1,267.09 Janis & Ronnel Borseth Manifest Error $ 4,079.40 Wallace Nelson & Susan Korvel Susan & Robert Korvel i Wallace Nelson Manifest Error $ 428.48 Robert S Nelson Manifest Error $ 29.77 Gracia Macy Manifest Error $ 274.91 $ 1,249.42 Wayne & Fujiko Gardner Manifest Error $ 162.15 Ed L & Margaret I Hesner Manifest Error $ 152.33 ®- Ruth I Shimondle Manifest Error $ 153.90 Robert N Ester Manifest Error $ 1,725.27 Susan D & Robert F Arens Manifest Error $ 3,425.86 Peter J & Martha Ellen Breckheimer Manifest Error $ 356.44 Carole J Washburn & Verne Gibbs Manifest Error $ 1,039.05 David Linth & Karen Linth Manifest Error $ 194.39 Karlynn M Stieber Manifest Error $ 597.78 Mason County Treasurer Manifest Error $ 1,693.29 Skokomish Farms Land Northwest LLC Skokomish Valey Farms LLC Mali Krivor Manifest Error $ 133.36 Maria Mejia Manifest Error $ 2,249.68 Sally J Mitchell & April Y Pruitt Pooler Manifest Error $ 1,506.22 Corelogic Tax Service Manifest Error $ 163.20 El Tapatio Bar & Grill, Inc Manifest Error $ 9.28 Timothy Burns Manifest Error $ 236.49 Timberland Bay Manifest Error $ 2,604.36 John Petrie Manifest Error $ 1,023.82 $ 1,572.29 South Sound Investment Properties, LLC Manifest Error $ 2,368.84 Model T Pub & Eatery Manifest Error $ 89.63 H Kern Manifest Error $ 58.38 Manke Timber Company, Inc Manifest Error $ 1,543.32 Byron & Janice Swanson Manifest Error $ 162.26 Mason Conservation District Misc Change $ 235.45 Mary & Mary Roddy Misc Change $ 895.51 Skokomish Tribal Council Misc Change $ 1,431.80 Mason Conservation District Misc Change $ 128.75 Richard Tres Shannon Now Exempt Property $ 685.12 Robert & Lorraine Lightbody Now Exempt Property $ 664.25 AEGIS Land Title Group Now Exempt Property $ 1,875.00 Mason County Treasurer Posting Error $ 1,055.62 Marcus Vind Posting Error $ 6.67 $ 56.70 Mason County Treasurer Posting Error $ 1,605.00 Larry Roi Posting Error $ 555.11 $ 55,831.08 Mason County Treasurer Posting Error $ 1,325.48 Mason County Treasurer Posting Error $ 500.00 Mason County Treasurer Posting Error $ 2,248.64 Mason County Treasurer Posting Error $ 528.71 Mason County Treasurer Posting Error $ 376.00 Mason County Treasurer (Health Dept) Posting Error $ 230.00 Corelogic Tax Services, LLC Posting Error $ 200.98 Mason County Treasurer Posting Error $ 2,502.52 Mason County Treasurer Posting Error $ 674.80 Roland Rasher Segregation $ 35.80 $ 137.58 Kristen Coria Segregation $ 17.90 $ 1 1 1.58 Mary L Disis & Gregory Dunn Segregation $ 17.90 $ 316.47 Mason County Treasurer Segregation $ 155.17 AEGIS Land Title Group Segregation $ 471.67 $ 10,413.30 Mason County Treasurer Segregation $ 1,783.45 Deepak Jebar Segregation $ 137.13 Mason County Treasurer Segregation $ 504.91 John T Ritchie Senior Exemption $ 576.87 $ 280.24 Duane & Shari Stormo Senior Exemption $ 658.94 $ 1,387.58 Vernal F & Patricia Stratton Senior Exemption $ 2,630.91 $ 2,647.36 Glenn C Wigle Senior Exemption $ 217.00 $ 2,057.38 Mary J Blake & Corelogic Tax Service Senior Exemption $ 3,967.25 Corelogic Tax Service Senior Exemption $ 1,167.63 Corelogic Tax Service Senior Exemption $ 1,21 1.66 John H & Darlene Castle Jr Richard & Scotti Crump Senior Exemption $ 5,877.24 Sally M Carpenter Senior Exemption $ 3,439.93 Clyde Medley Senior Exemption $ 2,027.60 Janet C Kron Senior Exemption $ 5,242.05 $ 2,607.65 Kay Petrie !Senior Exemption $ 725.34 $ 354.80 Northwest Contract Collections, Inc !Senior Exemption $ 4,625.98 Melvin A Martinez !Senior Exemption $ 1,382.84 Joan Detrick Senior Exemption $ 187.32 Robin Kiser Senior Exemption $ 283.63 Corelogic Tax Service Senior Exemption $ 3,486.38 Corelogic Tax Service Senior Exemption $ 1,718.39 Deborah Hurst Senior Exemption $ 6,377.99 Paul J Kiesel Senior Exemption $ 1,757.73 Robert Lester Senior Exemption $ 2,796.57 Corelogic Tax Service Senior Exemption $ 350.78 Lynwood M & Kristina J David Senior Exemption $ 1,725.97 Gerald L Twidwell Senior Exemption j $ 466.26 Charlene Adams Senior Exemption " $ 2,652.68 Deborah Johnson Senior Exemption v $ 772.44 Donna M Blanton & Gail Gray Senior Exemption $ 2,669.30 Mason County Treasurer. Senior Exemption $ 358.96 Corelogic Tax Service Senior Exemption _ $ 1,979.32 Lereta LLC Senior Exemption $ 763.65 Nancy L,Martin L, & Bonnie Jubb Senior Exemption $ 8,833.51 Tommie E & Joanne L Trenner Senior Exemption $ 42.45 Roberta J Huff Senior Exemption $ 982.13 Mason County Treasurer Senior Exemption $ 388.85 Corelogic Tax Service Senior Exemption $ 3,017.98 Olympic Title & Escrow Senior Exemption $ 939.11 Land Title Co & Vicki L Strutz Senior Exemption $ 501.01 $ 70.53 Sharon Bartley Senior Exemption $ 218.80 Lawrence & Ida M Gable Senior Exemption $ 6,815.49 Alexandra Garland & Emilia Piechura Senior Exemption $ 707.54 Michael L & Theresa L Bolie Senior Exemption $ 996.18 $ 153.75 Lisa A Salerno Senior Exemption $ 1,729.06 Sam D & Shu Mei Tsai Senior Exemption $ 9,408.94 Mildred J Simonds Senior Exemption $ 618.66 Bonnie M Lichty Senior Exemption $ 4,165.06 Lillian D Woosley Senior Exemption $ 33.90 Dawna L Sage Senior Exemption $ 2,238.12 $ 958.64 Ed & Terri Reiter Senior Exemption $ 12.62 Theresa M Freeman Senior Exemption $ 1,104.14 Will & Mary Wyat Senior Exemption $ 1,094.35 Valerie J & Bradley A Sager Senior Exemption $ 143.79 Terry L & Judith Hodge Coreloigic Tax Service Senior Exemption $ 3,089.61 Wells Fargo Tax Service Senior Exemption $ 688.35 Richard m Boyle Senior Exemption $ 8,647.61 John & Kathleen Zenew Senior Exemption $ 606.10 Sharon Burk Senior Exemption $ 1,948.21 Joseph L & Melba M Talley Senior Exemption $ 169.09 Barbara Bush Senior Exemption $ 291.65 Stephen A Carey Senior Exemption $ 765.81 Dean P & Nancy P Shriver Senior Exemption $ 4,1 18.23 David & Wendell Combs Senior Exemption $ 769.18 Darryl W Johnson Senior Exemption $ 336.68 Shirley M Grover Senior Exemption $ 76.05 Rose Ann Noah Senior Exemption $ 891.51 Roberta A Kenner Senior Exemption $ 764.75 Corelogic Tax Service Senior Exemption $ 612.48 Billy W or Jeraldine E Pettitt Senior Exemption $ 1,035.70 Lisa R &Timothy J O'Donnell Senior Exemption $ 1,023.33 -w_.�._ Harvey J Kuchynka Senior Exemption $ 396.85 _ Corelogic Tax Service Senior Exemption $ 76.85 Corelogic Tax Service Senior Exemption $ 19.07 James E & Joanna R Leblanc Senior Exemption $ 371.23 Susan Vandusen Senior Exemption $ 194.03 _ Peter Munson Senior Exemption $ 70.81 Carolyn A West Senior Exemption $ 66.16 _ Darlene F Hale Senior Exemption $ 65.84 Jack Avery Senior Exemption $ 381.50 _ Lucy A & John R James Senior Exemption $ 196.18 T Jacobson Senior Exemption $ 1,812.95 Robert & Arlene Jacobson Senior Exemption $ 377.91 __._ _._......__....__. Dorothy L Harpert Senior Exemption $ 1,573.42 Steven Whitmore Senior Exemption $ 1,338.89 Hazel L Andersen Senior Exemption $ 680.69 Corelogic Tax Service Senior Exemption $ 1,430.41 Corelogic Tax Service Senior Exemption $ 446.97 Corelogic Tax Service Senior Exemption $ 562.10 Corelogic Tax Service Senior Exemption $ 306.51 Corelogic Tax Service Senior Exemption $ 301.24 Corelogic Tax Service Senior Exemption $ 1,515.90 Corelogic Tax Service Senior Exemption $ 3,483.18 Corelogic Tax Service Senior Exemption $ 351.08 Wells Fargo Tax Service Senior Exemption $ 1,017.88 Lereta LLC Senior Exemption $ 76.14 Victor & Barbara Seamans Senior Exemption $ 231.80 _ Ted R & Leanna M Keith Senior Exemption $ 655.72 AEGIS Land Title Group Senior Exemption $ 59.72 Roberta J Faucher& Dawn Cramer Senior Exemption $ 100.78 Heyd Rev Living Trust Senior Exemption $ 955.79 Margie E Hayden Senior Exemption $ 429.06 _ Kitsap Credit Union Senior Exemption $ 242.97 Viki A White Senior Exemption $ 460.89 Kimberly McElliott Senior Exemption $ 471.08 Andrea Gaisser Senior Exemption $ 651.89 Helen McFarlane Senior Exemption $ 538.07 $ 286.70 Ron Rinehart Senior Exemption $ 1,444.81 Scott Walker -Senior Exemption $ 2,281.87 $ 1,013.08 Lawrence Kenneth Foutch Senior Exemption $ 377.91 Beatrice T Brown :Senior Exemption $ 2,429.70 Richard Paul Todd Boyer Senior Exemption $ 941.57 Michael Huskey Senior Exemption $ 197.11 Chris Furtado ;Senior Exemption $ 660.12 Helen L Seyferlich ;Senior Exemption $ 5,180.05 Michael D Martin ;Senior Exemption $ 733.28 Nadine K Fredrickson Senior Exemption $ 1,447.24 Jack L & Barbara E Patterson Senior Exemption $ 1,490.96 Wendell & Barbara Fosdick ;Senior Exemption $ 381.01 Kenneth F Maxwell ._.._._.. .__.________.___!Senior Exemption $ 828.32 Susan T Casey !Senior Exemption $ 1,408.81 Peggy Demiero Senior Exemption $ 2,21 1.77 Corelogic Tax Service 'Senior Exemption $ 694.47 Wells Fargo Senior Exemption $ 177.73 Paul K & Donna D Davis _ ;Senior Exemption $ 5,289.56 Chester J Rhoades `Senior Exemption $ 2,212.04 $ 1,145.49 Paul R Drummond V' ;Senior Exemption $ 188.39 Corelogic Tax Service Senior Exemption $ 2,295.52 Corelogic Tax Service _„!Senior Exemption $ 1,401.32 Corelogic Tax Service =Senior Exemption $ 1,132.19 Michael D Lundquist iSenior Exemption $ 1,313.51 Land Title Company of Mason County `Senior Exemption $ 549.78 Nina A Hutchinson & Robin A Leon ;Senior Exemption $ 616.07 McComb & Wagner, INC _:Taxes Paid Twice $ 3,631.60 Canara Champion Collin & Grant D Collin 'Taxes Paid Twice $ 1,698.78 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Alex Paysse DEPARTMENT: Community Services, EXT: 279 Environmental Health BRIEFING DATE: 1/24/2022 PREVIOUS BRIEFING DATES: 8/30/2021 If this is a follow-up briefing, please provide only new information ITEM: Jones Cove Closure Response Plan EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): On June 291h, 2021 Mason County received notice of a reclassification to the Pickering Passage Commercial Shellfish Growing Area, near Jones Cove, from the Washington State Department of Health. This was a 7-acre expansion of an existing "prohibited" area due to a failing station (67) near the previous border. In accordance with RCW 90.72.045, staff has drafted a Closure Response Plan for Jones Cove. PUBLIC OUTREACH: (Include any legal requirements, direct notice, website, community meetings, etc.) — Staff coordinated with various agencies as per RCW 90.72. Approval of plan through public meeting. Plan will be posted on county website. BUDGET IMPACTS: Implementation of the CRP has been ongoing with funding provided by the South Sound Shellfish Recovery Near Term Action project. Implementation will be ongoing as various funding resources are received. RECOMMENDED OR REQUESTED ACTION: Review and place on next available action agenda for approval. ATTACHMENTS: Jones Cove Closure Response Plan Briefing Summary 1/18/2022 MASON COUNTY 4i COMMUNITY SERVICES Building,Planning,Environmental Health,Community Health Jones Cove Closure Response Plan September 17, 2021 A committee of citizens, business and government is launching a plan to: • Reduce water pollution • Meet state and federal water quality standards • Ensure that water quality standards are maintained Prepared by Casey Vaughn Environmental Health Specialist Mason County Public Health (360) 427-9670 ext. 547 1 Table of Contents Definitions of Acronyms Page 3 A. Purpose of the Jones Cove Closure Response Plan Page 4 B. Background information and history Page 5 C. Strategy for water quality improvement Page 7 Appendix A: Task Matrix Page 13 Appendix B: Non-point pollution guidance chart Page 16 Appendix C: Rating classification for on-site septic systems Page 17 z Definitions of Acronyms CFU- Colony Forming Units CWD- Clean Water District DOH- Washington State Department of Health ECY- Washington State Department of Ecology MC- Mason County MCD- Mason Conservation District MCPH- Mason County Public Health NEP- National Estuaries Program NSSP- National Shellfish Sanitation Program OSS- Onsite Septic System Septic O & M- Septic system operation and maintenance SPD- Shellfish Protection District SIT- Squaxin Island Tribe 3 A. Purpose of the Jones Cove Closure Response Plan Background In June 2021 the Washington State Department of Health Downgraded seven acres in Pickering Passage from Approved to Prohibited. This classification change is in response to Marine Station 67 in Jones Cove failing the National Shellfish Sanitation Program (NSSP) water quality standards for approved classification. A Shellfish Protection District program is required to be put in place after a growing area classification is downgraded. RCW 90.72.045 -The county legislative authority shall create a shellfish protection district and establish a shellfish protection program to address causes of pollution within one hundred eighty days after the department of health, because of water quality degradation due to ongoing nonpoint sources of pollution, has, after June 11 , 1992, closed or downgraded the classification of a recreational or commercial shellfish growing area within the boundaries of the county In May 2021 Mason County passed Ordinance No. 2021-023 amending the Title 6 Sanitary Code, adding chapter 6.88 which establishes the Mason County Clean Water District, a county wide Shellfish Protection District which encompasses the Jones Cove drainage (see Figure 1). Mason County Public Health developed this Closure Response Plan, in cooperation with stakeholders affected by the Jones Cove downgrade, to provide leadership, planning and foster collaborations in improving the water quality of Pickering Passage Who is involved? • The citizens of Mason County • Mason County Shellfish Growers • Squaxin Island Tribe • Washington State Department of Health • Washington State Department of Ecology • Mason Conservation District • Washington State University-Mason County Extension • Washington Sea Grant Program, University of Washington • Mason County Public Health 4 B. Background information and history Description of the Jones Cove watershed Jones Cove is a small, shallow inlet in the west central portion of Pickering Passage, west of Geist Point, that is approximately 9.5 acres in size. Pickering Passage is located in the South Puget Sound region and extends from Case Inlet in the North to Peale Passage, Squaxin Passage and Hammersley Inlet at the southern end, running mostly parallel to Harstine Island. This waterway has a swift current at maximum flood and ebb, flushing the passage rapidly. Pickering Passage ranges from the shallow intertidal waterways along Squaxin Island to depths of ninety feet in the northern end. Jones Cove is used privately and commercially for harvest of shellfish. The parcels surrounding Jones Cove are mostly residential and each parcel is served by an individual OSS. The drainfields for most OSS's on Geist Point are located on a community parcel. Jones Creek remains the only named perennial creek in the watershed, but there are at least five additional small, unnamed, fresh water sources that flow into Jones Cove. The upper reaches of Jones Creek are mostly undeveloped, consisting of forested areas and wetlands with three unnamed tributaries that converge to form Jones Creek. There is a 26 acre farm located near the confluence of Jones Creek and its tributaries, approximately '/4 mile upstream from the creek mouth. The drainages of Jones Creek and its tributaries have been used to define the parcel boundaries for this response plan. See Figure 2. 5 History of Shellfish Harvesting and Water Quality in Jones Cove 1996— Earliest known classification for Jones Cove - Prohibited. 2007— Jones Cove continues to have elevated levels of Fecal Coliform pollution; remains in Prohibited status. 2013— Eight acres reclassified from Prohibited to Approved. 2016— Fecal Coliform levels at station 67 (Jones Cove) begin to rise. 2020— Station 67 fails to meet the NSSP approved standard. 2021 —Approximately seven acres in the northern portion of Jones Cove are reclassified from Approved to Prohibited. Station 67 has a 90th percentile of 104.8 CFU/100mL and a geomean of 8.3 CFU/100mL*. * The standard for approved shellfish growing waters is fecal coliform geometric mean not greater than 14 organisms/ 100 mL with an estimated 90th percentile not greater than 43 organisms/ 100 mL. Growing Area Reclassification Station 67, located in Jones Cove, continually failed the NSSP standards for fecal coliform bacteria pollution, resulting in seven acres being reclassified from Approved to Prohibited. See Figure 3. The Washington State Department of Health analyzed environmental factors (rainfall, salinity, and seasonality of FC levels) that could impact station 67 in Jones Cove. DOH results showed that excluding data collected within five days of rainfall over inches in 24 hours lowered the 90th percentile (58.3 FC/100mL). With this exclusion, station 67 still does not meet NSSP standards for approved shellfish harvest. Additionally, salinity and seasonality did not seem to significantly affect fecal coliform levels. Jones Cove has been reclassified as Prohibited rather than Conditionally Approved due to pollution sources not being fully understood. 6 C. Strategy for water quality improvement Goal: To take immediate steps to: Reduce water pollution Meet state and federal marine water quality standards for commercial shellfish harvest Ensure that marine water quality standards are maintained Main Objectives: 1. Plan and coordinate Closure Response Plan development and implementation. 2. Monitor marine and freshwater quality. 3. Review and manage non-point pollution sources, see Appendix B. 4. Control OSS pollution sources, see Appendix C. 5. Control agricultural pollution sources through referral to MCD and education. 6. Educate community members. See Appendix A for a complete list of objectives and tasks within. Figure 1. Mason County Clean Water District Boundary ,N]aso�n ("otmtx, ('lean Water District Hood Canal Case Inlet Oakland Ba '. ,_ ., yr- Jones Cove Totten le y• �� / )`.J?r rG �" ,� �e-•� '' .Skookum r �',1: ��.L-��l fir.•' '.'('iI`� `i°jr..^ •":� �'•C.. �:�:•►�:�o'n•v;.w Y-a.._u�• i �`' `�j/t 1�- Lam' t ._ •i .rir«...n�r:..�•4 :w�,.. it �_. - •Y• i �rwa.o.,sw► .vn e...e.s.i.a..wr .'J�r� .�/r. �I f••r{ 0.f" '—J''_�h/.1 .•-�nM'•.rw. r• a- -- .wa k? mile 8 INN 4w th lip „ •� .r-> • F LEA 1 ', J Ir':�iiaf w �Grenl Y Y ' r•.1K Legend , t `f Wetlands 3 • r. r• 1 1 1 Figure 3. Jones Cove Closure Area with GPS boundaries Legend ■ Water Duality Stauon6 Classification ! -Approved ConditiDna! - Proh,bded -R*MrK-tod U lhrrWsiifir,d 47.2672,-122.9275 47.2670,-122.9273 41.2663,-122.9275 47.2663, -12I.9278 I' 10 Figure 4. Rolling 901h Percentiles for Station 67 (2016-2020) 120 115 Station 67 (Jones Cove): 110 Fecal Coliform Rolling Estimated 90th Percentile 105 100 Station* 95 90 —Station 67 85 80 75 E a 70 Zr 65 E 60 o 55 m So 45 -------------------------------------------------------------------------------------- ------------ 40 Failing(43 FC/100mL) 35 30 ---------------------------------------------------------------- ------------- Threatened(30 FC/IOOrnQ 25 20 15 10 5 *Year-round and unsorted data 0 2013 2014 2015 2016 2017 2018 2019 2020 11 Table 1. Station 67 Sample Data DATE TIME TIDE SW TEMP SALINITY FECALCOUFORM 1/7/2016 12:27 Flood 8 19 4.5 3/3/2016 11:55 Flood 9 17 13 5/10/2016 9:59 Ebb 13 27 4.5 7/26/2016 11:511 Flood 16 30 2 9/8/2016 12:01 Flood 15 26 1.7 11/8/2016 12:16 Flood 12 9 4 2/2/2017 13:13 Ebb 3 11 1.7 4/5/2017 12:52 Flood 9 9 33 6/13/2017 10:471 Ebb 12 27 17 8/24/2017 10:35 Ebb 16 27 79 10/24/2017 11:12 Ebb 11 25 1.7 12/6/2017 11:08 Ebb 7 28 2 1/24/2018 11:31 Ebb 7 22 11 3/20/2018 11:20 Ebb 7 24 2 5/9/2018 12:02 Flood 10 28 1.7 7/31/2018 10:53 Ebb 16 26 4.5 9/12/2018 10:29 Ebb 15 28 130 11/27/2018 11:46 Ebb 9 13 79 2/14/2019 11:19 Flood 5 15 17 3/26/2019 10:54 Ebb 9 25 1.8 6/10/2019 11:16 Flood 16 28 1.8 8/5/2019 10:57 Ebb 18 28 7.8 10/30/2019 9:25 Ebb 12 29 11 12/16/2019 9:50 Ebb 9 23 1.7 1/23/2020 10:441 Ebb 9 13 920 3/12/2020 9:41 Ebb 9 20 1.7 5/7/2020 18:07 Flood 16 24 2 7/15/2020 14:53 Flood 22 25 6.8 9/8/2020 12:04 Ebb 16 24 920 11/16/2020 11:35 Ebb 11 15 350 2/4/2021 10:49 Ebb 9 21 1.7 4/21/2021 12:33 Flood 13 271 1.7 6/1/2021 11:36 Ebb 16 231 1.7 12 Appendix A: Jones Cove Closure Response Plan Task Matrix Objective&Task I Lead group/agency j Funding Source I Deliverable Status Timeline/Due Date Comments/Challenges/Resources Needed Objective 1:Plan and coordinate Closure Response Plan development and implementation Task 1:Create a Shellfish Protection District MCPH FPHS County resolution Completed January 30th,2022 MC CWD,May,2021,Ord.21-23 South Sound Task 2:Identify accountable agencies MCPH NEP/FPHS List of agencies In review January 30th,2022 South Sound Task 3:Identify the boundaries and create map of CRP MCPH NEP/FPHS Map of boundary In review January 30th,2022 South Sound Task 4:Create draft Closure Response Plan MCPH NEP/FPHS Draft working plan In review January 30th,2022 South Sound NEP/FPHS/ Task 5:Annual Reporting to DOH MCPH CWD Fund Annual Report Ongoing Annually Comments/Challenges/Resources Objective&Task Lead group/agency Funding Source Deliverable Status Timeline/Due Date Needed Objective 2:Monitor Marine and Fresh Water Quality DOH Program Task 1:Marine water quality monitoring DOH Funds Data Set Ongoing Ongoing Task 2:Stream water quality monitoring MCPH,SIT TBD Data Set In planning TBD Funding needed Task 3:Shoreline water quality monitoring MCPH,DOH TBD Data Set In planning TBD Number of sanitary surveys,dye tests, OSS failures,OSS repairs,enforcement Task 4:Hotspot investigation via PIC process MCPH TBD cases In planning TBD Funding needed Task 5:Water quality data management MCPH TBD Data Set Completed Ongoing Kitsap Water Quality Database 13 Objective&Task Lead group/agency Funding Source Deliverable Status Timeline/Due Date Comments/Challenges/Resources Needed Objective 3:Control OSS Pollution Sources Task 1:Inventory location and risk level of OSS. MCPH South Sound NEP Risk Assessment In planning TBD List Task 2:Sanitary/parcel surveys MCPH South Sound NEP Number of Surveys In planning TBD and final rating Task 3:Overdue 0&M notification MCPH South Sound NEP Number of letters In planning TBD sent and response Task 4:Dye Test OSS of concern MCPH South Sound NEP Number of Dye In planning TBD tests and outcome Task 5:Follow up on unsatisfactory 0&M MCPH OSS Management Number of reports In planning TBD reports Plan Funding followed up on and results Task 6:O&M incentives and Craft3 referrals MCPH OSS Management Number of rebates In planning TBD Plan Funding used.Number of Referrals and response Objective&Task Lead group/agency Funding Source I Deliverable Status Timeline/Due Date Comments/Challenges/Resources Needed Objective 4:Control Agricultural Pollution Sources Task 1:Refer farms in need of technical MCPH South Sound NEP Number of Referrals and In planning Ongoing assistance to MCD response Task 2:Provide technical assistance to farms MCD MCD NEP Funds Farm plans,conservation In planning Ongoing plans,and BMPs. Task 3:Identify risk location and risk level of MCPH South Sound NEP Number of farms and risk In planning Ongoing farms assessment table/map Task 4:Enforcement actions of water quality MCPH/ECY South Sound Compliance with BMP's In planning Ongoing violations NEP/ECY funds and WQ standards Task 5:Create agricultural BMP brochure MCPH/MCD MCD NEP/South Handout for BMP for In planning Ongoing relating to water quality Sound NEP/FPHS water quality issues 14 Objective&Task Lead group/agency Funding Source Deliverable Status Timeline/Due Date Comments/Challenges/Resources Needed Objective 5:Education and Outreach Task 1:Wildlife inventory MCPH South Sound NEP Inventory of wildlife(number and In planning Ongoing species) Task 2:Drainage workshop MCPH South Sound NEP Date,location,attendance sheet In planning Ongoing Covid-19 protocols and gatherings Task 3:Community outreach event MCPH South Sound NEP Date,location,number of people In planning Ongoing Detailed spreadsheet for data recording reached 15 Appendix B: GUIDANCE FOR WATER QUALITY COMPLIANCE IN MASON COUNTY, WA • DRAFT 4/1/14 • FINAL S/20/14 • REVISED 4/25/17 SEND INITIAL UNABLE TO VERIFY COMPLIANCE PROCESS STOPS ' CONTACT LETTER PROBLEM REQUESTING ACCESS FOR SITE VISIT.CHECK WITH IN COMPLIANCE VISIBLE NOTICE& DEVELOP TIMELINE&MAKE REPAIR NO ACCESS SURROUNDING FAILURE ORDER COMPLIES (MAY TAKE SEVERAL MONTHS) PROPERTY OWNERS FOR DYE 1.SEPTIC SYSTEMS REFERRAL PERMISSION TO (+) NONCOMPLIANT POSTED FOR NONOCCUPANCY WATER AGENCY ACCESS THEIR QUALITY VISITS SITE PROPERTY. SEPTIC SAMPLE, TO INSPECT ISSUES SANITARY SURVEY& SITE VISITS, USE CHART AND/OR POSSIBLE DYE TEST COMPLIANCE PROCESS BELOW TO NO ISSUE OR NO DYE STOPS OR CITIZEN DETERMINE SAMPLE NOT IN COMPLAINT WHICH FOR COMPLIANCE MAY AGENCYTO POSSIBLE INITIAL NOTICE& HEARINGS INDICATE REFER POLLUTION CONTACT —► NONCOMPLIANT ORDER NONCOMPLIANT EXAMINER 2.PET WASTE LETTER& WATER EDUCATION POLLUTION IN COMPLIANCE MATERIALS 01 COMPLIES COMPLIANCE PROCESS STOPS EDUCATION 3.WILDLIFE COMPLIANCE PROCESS STOPS SOURCE IN ROW CHECK WITH MCD OR WSDOT 4.STORMWATER SOURCE IN ROW SOURCE NOT,N OTIN ROW REFER TO UNKNOWN/MULTIPLE SOURCES BOX MCPH REFERS POLLUTION ISSUSE REFERRALAGENCY REGULATION s.S KtWt CHECK WITH COS uR MCu.RE"rER V ElULUGY IF PRIVATE SEWER TO ECOLOGY 1.SEPTIC SYSTEM/ MCPH WAC 246-271/ RV HOLDING TANK MASON COUNTY TITLE 6.76 ANIMALS MCPH SEND INITIAL NONCOMPLIANT 2.PET WASTE MCPH MASON COUNTY TITLE 6.72.30 WITH WATER CONTACT LETTER TEMPORARY CORRECTIVE ACCESS REFERRING TO CD ACTION&FARM 3.WILDLIFE/ NONE NONE —� 6.LIVESTOCK COMPLIANT MANAGEMENT PLAN URBAN WILDLIFE ANIMALS SAMPLE TO 4.STORMWATER MCPW RCW 90.48.080 WITHOUT DETERMINE IF ��ABLETO O VERIFY POLLUTION COMPLIANCE CITY OF SHELTON/ WATER POLLUTION COMES PROCESS STOPS 5.SEWER MC UTILITIES/ MASON COUNTY TITLE 13.04 ACCESS OFF PROPERTY ERIFY POLLUTION FOR ALLYN&BELFAIR ECOLOGY 6.LIVESTOCK WASTE MCD/MCPH RCW 90.48.080 7.UNKNOWN OR MULTIPLE EXTENSIVE WQ SAMPLING. REFER TO CORRECT AGENCY POSSIBLE SOURCES MAY TAKE MONTHS. WHEN SOURCE(S)DETERMINED 16 Appendix C: MCPH Rating Classification for OSS Sanitary Surveys Rating Criteria for Meeting Classification Action No Apparent • Completed/signed SWG Permit on file at MCPH;or provided by None Problem owner at time of inspection and entered into record • No illegal repairs or alternative performed on OSS • All applicable setbacks and conditions in effect at the time of permitting are in place No Records • No completed/signed SWG permit or As-Built on file at local None health jurisdiction;or provided by owner/occupant_ • No Concern,Suspect or Failure conditions were observed Complete as-built if possible Concern Concerns include but are not limited to: For unpermitted alterations, • System with no records and drainfield less than 100 feet from expansions,repairs,connections surface water or wells or new construction,consult on- * Improper use of designed reserve area site department regarding • Vehicular traffic and/or pavement on OSS components enforcement options. • Roof drains or other drainage/infiltration systems potentially impacting the OSS Note property records • Unpermitted expansion or modification of existing structure(s)or addition of new structures or RVs that impacts the OSS • Unpermitted work conducted on OSS • Excavation or excess fill within the OSS area;or a cut down slope of the OSS that has the potential to impact the performance Suspect • Drainfeld area is saturated Mail suspect letter • Collected water sample(s)from property at or above 500 FC/100 mL and a positive non-visual dve test confirmed by Ozark Follow up with wet season dye Underground Laboratory test • Collected water sample(s)from property,less than 500 FC/100 mL and positive visual dye test by MCPH Note property records Failure • Sewage on the surface of the ground Enforcement • Sewage discharged directly to SW or upon the surface of the ground(unless the discharge is under permit from Ecology) Note property records • Sewage backing up into,or not draining out of a structure caused by slow soil adsorption of septic tank effluent Notify WDOH Shellfish Program • Sewage leaking from a septic tank,pump tank,holding tank,or if failure discharges to shellfish collection system beds—commercial or • Any component of an onsite sewage system or public sewer recreational connection found to be broken,in disrepair,or not functioning as intended • Inadequately treated sewage effluent contaminating ground or surface water • Collected water samples from property at or above 500 FC/100 mL and positive visual dye test by MCPH • Cesspools or seepage pits where evidence of ground water or where surface water quality is degraded,or inadequately treated effluent contaminating ground or surface water • Non-compliance with OSS standards stipulated at the time of the permit approval,or with building standards stipulated at the time of constructed/modified • Straight discharge(greywater or blackwater)from any indoor plumbingj including RVs is observed and documented 17 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Alex Paysse DEPARTMENT: Community Services, EXT: 279 Environmental Health BRIEFING DATE: 1/24/2022 PREVIOUS BRIEFING DATES: 8/30/2021 If this is a follow-up briefing, please provide only new information ITEM: Annas Bay Closure Response Plan EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): On June 29th, 2021 Mason County received notice of a reclassification to the Annas Bay Commercial Shellfish Growing Area from the Washington State Department of Health. In accordance with RCW 90.72.045, staff has drafted an addendum to the existing and active Closure Response Plan for Annas Bay (previously approved by BOCC in 2018). PUBLIC OUTREACH: (Include any legal requirements, direct notice, website, community meetings, etc.) — Staff coordinated with various agencies as per RCW 90.72. Approval of addendum through public meeting. BUDGET IMPACTS: Implementation of the CRP is ongoing with funding provided by the Hood Canal Coordinating Council. RECOMMENDED OR REQUESTED ACTION: Review and place on next available action agenda for approval. ATTACHMENTS: Original Annas Bay Closure Response Plan with Addendum (pg 19) Briefing Summary 1/14/2022 (DMASON COUNTY ` COMMUNITY SERVICES Building,Planning,Environmental Health,Community Health Annas Bay Shellfish Protection District Closure Response Plan Completed August 2018 Revised November 2018 Revised September 2021 A committee of citizens, businesses and governments is launching a plan to.- Protect public health • Reduce water pollution • Meet state and federal water quality standards • Ensure that water quality standards are maintained Prepared by Katie Otanez Amended by Ian Tracy Mason County Public Health This document is also available online at: http://www.co.mason.wa.us/health/environmental/water-quality/hood-canal-proiects-grants.php J,,,Eo sr4,,4, cA°�k4 2� GO *>v c W Washington State Department of c3 S c HCCC Health / $y yl4C PROZ�G� This project has been funded wholly or in part by the United States Environmental Protection Agency under assistance agreement PC-01J18001 through the Washington State Department of Health. The contents of this document do not necessarily reflect the views and policies of the Environmental Protection Agency or the Washington State Department of Health, nor does mention of trade names or commercial products constitute endorsement or recommendation for use. This project has been developed with assistance from the Hood Canal Coordinating Council's Hood Canal Regional Pollution Identification and Correction Program. Table of Contents Definitions of Acronyms ....................................................................... Page 2 A. Purpose of the Annas Bay Shellfish Protection District ................................ Page 3 B. Background Information and History ..................................................... Page 5 C. Strategy for Water Quality Improvement ................................................. Page 14 References ....................................................................................... Page 15 Appendix A: Work Plan Matrix ............................................................... Page 16 Appendix B: Additional Resources ........................................................... Page 17 Addendum: 2021 Reclassification Within Existing Downgrade Area .................. Page 19 Annas Bay Shellflsh Protection District—Closure Response Plan Page 1 List of Acronyms DOH Washington State Department of Health FC Fecal coliform FDA Food and Drug Administration ECY Washington State Department of Ecology HCCC Hood Canal Coordinating Council HCRPIC Hood Canal Regional Pollution Identification and Correction Program LOSS Large On-Site Septic System MCD Mason Conservation District MCPH Mason County Public Health NSSP National Shellfish Sanitation Program OSS On-site Septic System RCW Revised Code of Washington O&M Operation& Maintenance SPD Shellfish Protection District TMDL Total Maximum Daily USGS United States Geologic Survey Annas Bay Shel ash Protection District—Closure Response Plan Page 2 A. Purpose of the Annas Bay Shellfish Protection District Introduction In September 2017 the Washington State Department of Health (DOH)changed the classification of approximately 1,220 acres of the Annas Bay Commercial Shellfish Growing Area from Approved to Conditionally Approved (Figure 1). This classification change is in response to Marine Station 314 failing the National Shellfish Sanitation Program (NSSP)water quality standards for Approved classification in the 2016 Annual Report. An increased frequency of flooding of the Skokomish River and the predictable pollution conditions associated with flooding of the Skokomish Valley contributed to the classification change. This new Conditionally Approved area of Annas Bay was previously and routinely closed using emergency guidance due to flooding of the Skokomish River. The new Conditionally Approved Area will maintain the same conditions as the emergency closures of the past. The Conditionally Approved area ofAnnas Bay will be closed to shellfish harvest when the Skokomish River exceeds 15 feet at USGS Station 12061500 ("Skokomish River near Potlatch'). Closures due to flooding will last one week after the river drops below 15 feet(Swanson,2017). When a commercial shellfish area's classification is downgraded due to poor water quality,the local county authority must create a Shellfish Protection District(SPD) and implement a response program.An SPD is a designated region wherein nonpoint pollution threatens the water quality upon which the contamination or restoration of shellfish farming is dependent(RCW 90.72,2008). RCW 90.72.045—The County legislative authority shall create a Shellfish Protection District and establish a shellfish protection program to address causes of pollution within one hundred eighty days after the department of health,because of water quality degradation due to ongoing nonpoint sources of pollution,has, after June 11, 1992, closed or downgraded the classification of a recreational or commercial shellfish growing area within the boundaries of the county. Mason County Public Health(MCPH)has developed this SPD Response Plan in cooperation with stakeholder groups affected by the Annas Bay downgrade. Work completed is being funded by HCCC's HCRPIC program and MCPH will not be requesting County funds in way of a fee or tax. This document serves as the strategy to address the classification change of commercial shellfish growing areas. This strategy complements other water quality work that is being done in the area. MCPH will be working within HCRPIC structure and collaborate with partners including Skokomish Tribe, DOH and ECY. The HCCC is closely coordinating work being done in Hood Canal. Annas Bay Shelfsh Protection District—Closure Response Plan Page 3 Who is involved? • Citizens of Mason County within the Shellfish Protection District • Hood Canal Coordinating Council • Mason Conservation District • Mason County Public Health • Mason County Shellfish Growers • Skokomish Tribe • Washington State Department of Ecology • Washington State Department of Health F r c y 201 tars �Fq ®1-163 T O Fha '�T O ■205 6f~� O 203 09 ✓ , y o 0 196 ■ 195 700 ANN�1S BAY icy" ■� 199 196 291 fQ. 200 299 k31 r T ■ _ =_-' - f -- °.baH 1 a- r_��• I o it`1{�r`. I i� •7/ Legend ��!y� 1 `• / t 'n M!•rlMYtC l.•f Ot Y ■ � •• jf • 6, y /'415•i= (1 `�`... � COmm Cial Shell0sh CNS"Kadon Figure 1.New Annas Bay Conditionally Approved area with marine sampling stations.See addendum,page 18 for current harvest area classification. Annas Bay Shellfish Protection District—Closure Response Plan Page 4 B. Background Information and History Description of the Annas Bay Study Area Annas Bay is located in the"Great Bend"of Hood Canal along the shoreline area between Potlatch and Union. The Skokomish Indian Reservation occupies most of the nearshore upland area. The Skokomish River discharges a significant amount of freshwater along the eastern shoreline of the growing area and has developed a significant delta that makes up approximately half of the growing area(White,2012). Major sub-basins of the Skokomish River include the North Fork Skokomish River, South Fork Skokomish River and Vance Creek. The lower Skokomish Valley has several streams contributing to the drainage,the largest being Purdy Creek, Weaver Creek and Hunter Creek. The Skokomish Valley primarily has single family homes and significant agricultural practices for the area, mostly in the form of cattle grazing. The Skokomish River frequently floods the agricultural land and inundates affected septic tanks in the flood zone. The 2012 DOH shoreline survey concluded that based on Ecology's 2001 TMDL study and DOH's observations,the Skokomish River is the most significant contributor to FC bacteria to the commercial growing area(White, 2012).Numerous studies have been conducted in the valley and Skokomish River watershed to address the flooding issues.For our current strategy we will be looking at septic systems, agriculture,pet waste and wildlife as potential sources of contamination. The current SPD boundaries have been expanded from the 2006 SPD boundaries. The updated Annas Bay SPD encompasses the Conditionally Approved area and has expanded to include the Skokomish Valley,Potlatch and the Skokomish Sewer District. Specifically,the SPD extends west to 47.374443°N, 123.150412°W past the Skokomish Sewer District, along Union Ridge to 47.270750°N, 123.153089°W and the up Skokomish Valley to 47.331390'N, 123.322897°W (Figure 2). Classification Changes The Skokomish River frequently floods agricultural land and private residences in the lower valley and delta. By the late 1990s,DOH established an emergency closure condition designating portions of Annas Bay and Hood Canal 6 growing areas to be closed when the Skokomish River exceeds 15 ft at USGS Station 12061500. Annas Bay experienced a downgrade in 2005 which reclassified 300 acres of growing area from Approved to Prohibited. The first Annas Bay SPD was created in 2006 and the Response Plan was implemented from 2006-2008. Work that was completed during the 2006 SPD included extensive shoreline monitoring, education and outreach events, sanitary surveys and correcting identified failing septic systems (Book, 2008). From the work completed by MCPH and partners the downgrade area was upgraded to an Approved status in 2009 (Schultz, 2012). The emergency closure conditions previously established were in place during the 2006 SPD work and remained after the downgraded area was reclassified. Annas Bay Shellfish Protection District—Closure Response Plan Page 5 Emergency closures are triggered by specific conditions that are expected to occur infrequently (1-2 times a year). The Skokomish River has been experiencing these conditions more than 1-2 times a year which suggests the emergency closure program isn't appropriate for the growing area. DOH reserved to leave the emergency closure conditions in place until a trend of decreased marine water quality was observed. Once Station 314 failed to meet standards, DOH reclassified 1,220 acres to Conditionally Approved with the same condition as the emergency closures. Since the current condition is the same as the previous emergency closure condition the growing area only maintains the current Conditionally Approved classification. Annas Bay Shellfish Protection District Mason County, WA j r i c � r 1E N 0 075 1.5 3 Miles �I I iTf I I� Esri.HERE.DeLcYme.A4ep yincw C OpenSueetr.lap=,trtx.tm and theGIS to er community Boundaries 2017Annas Bay SPD Boundary rrrttt I Il Annas BayA-Approved Annas Bay B-Conditionally Approved i Annas Bay D-Unclassified f _�\ Union Manna-Conditionally Approved Skokomish Indian Reservation Figure 2. Updated boundary for the 2017 SPD to include the Skokomish Valley and Potlatch. Annas Bay Shellfish Protection District—Closure Response Plan Page 6 Water Quality Monitoring DOH evaluates, classifies, and monitors commercial shellfish growing areas to meet NSSP standards for commercial shellfish harvest. The Annas Bay Growing Area has 11 active shellfish companies managing and harvesting shellfish(clams and oysters). Annas Bay is regularly monitored throughout the year to allow seasonal conditions to be examined.All marine stations must be sampled at least six times per year during open status,however Annas Bay is typically sampled 12 times per year to allow a more comprehensive evaluation of water quality. Marine station 314 failed to meet standards in 2015 and 2017. All Annas Bay marine sample stations have met standards in 2018 (Figure 3 and Table 5). Station 314 was added to the regular sampling schedule in 2012 when shoreline property owners near that station wanted to lease their tide land for commercial shellfish harvest. Once the marine water station had the required 30 sample set, DOH was able to classify the portion of the growing area near Station 314 and allow commercial shellfish harvest. 60 Fecal Coliform Rolling Estimated 90th Percentiles 55 Annas Bay* so 45 Failing(43 FC/100rnL) 40 JC G 0 35 LL v n Threatened J30 FC/100rnL) 0 w 0 v 25 5 d LL 20, 15 10 Station —197 5 —198 —206 'includes data Collected —314 0 during all condtions T i 10N1 1011 Toll, 10�A 101� 10�6 1010 101$ 10�9 Figure 3. Rolling estimated 90th percentiles for marine stations 197, 198,206 and 314 through May 2018 (DOH). Annas Bay Shellflsh Protection District—Closure Response Plan Page 7 Table 1. Summary of Marine Water Data Growing Area: Annas Bay Sampling Event Type: Regulatory Maximum Number of Samples: 30 Station Classification Date Range Range GeoMean E90th Meets Number (FC/100 mL) (FC/100 mL) (FC/100 mL) Standard Approved 11/4/2015-5/21/2018 1.7-49.0 2.5 6.9 Y 202 Approved 11/4/2015 -5/21/2018 1.7-33.0 2.8 8.8 Y 203 Approved 11/4/2015 -5/21/2018 1.7-33.0 3.1 8.9 Y 204,IJ Approved 11/4/2015-5/21/2018 1.7 - 13.0 2.3 4.9 Y Approved 2/10/2015-8/16/2017 1.7 -46.0 2.2 5.2 Y 195 Conditionally 11/4/2015-5/21/2018 1.7 -49.0 4.4 13.9 Y Approved 196 Conditionally 11/4/2015-5/21/2018 1.7-31.0 3.8 13.1 Y Approved 197 Conditionally 11/4/2015 -5/21/2018 1.7 -79.0 5.7 29.5 Y Approved 198 Conditionally 11/4/2015 -5/21/2018 1.7 -49.0 6.5 24.4 Y Approved 199 Conditionally 11/4/2015 -5/21/2018 1.7 - 110.0 3.5 14.4 Y Approved 200 Conditionally 11/4/2015-5/21/2018 1.7 -26.0 3.4 11.4 Y Approved 206 Conditionally 11/4/2015-5/21/2018 1.7 - 130.0 5.0 26.4 Y Approved 299 Conditionally 11/4/2015- 5/21/2018 1.7 - 33.0 4.7 17.6 Y Approved 300 Conditionally 11/4/2015-5/21/2018 1.7-49.0 4.7 20.4 Y Approved 314 Conditionally 11/4/2015- 5/21/2018 1.7- 140.0 8.1 37.2 Y Approved The standard for approved shellfish growing waters is fecal coliform geometric mean not greater than 14 organisms/ 100 mL with an estimated 90th percentile not greater than 43 organisms/ 100 mL.The above table shows bacteriological results in relation to program standards. Growth and Development MCPH will be addressing septic systems, agriculture, wildlife, and stormwater as potential sources of contamination. MCPH works with MCD to address agricultural concerns. If MCPH identifies a farm or any agricultural activities that could use technical assistance to decrease the bacterial runoff from their land we refer the landowners to MCD to develop a Farm Plan or Conservation Plan. MCD has been working with farms and farmers in the area before the downgrade occurred. High winter water fowl population are observed in the growing area each Annas Bay Shellfish Protection District-Closure Response Plan Page 8 year. Wildlife issues are approached with homeowner education about avoiding attracting and feeding wildlife and wildlife's connection to water quality and commercial shellfish harvest. Since agriculture issues are referred to MCD and wildlife issues are educated on and referred to WDFW in the rare enforcement case,MCPH will be focusing their work on on-site septic systems and the stormwater in places that affect the drainage area. MCPH will work collaboratively with stakeholders,agencies and residents to identify OSS that are at risk,verify the system is functioning as designed and mitigate risk as possible. Annas Bay SPD has 1,916 individual parcels. There are 737 parcels designated for residential use which could be single family homes, multi units, condos,mobile home parks, and vacation homes and cabins (Table 2). According to an O&M database report,there are 713 parcels that have an existing OSS. There is a biosolids recycling facility within the district that services Mason County and surrounding counties.No bacterial impact to surface water has been identified or documented although the suspected nutrient loading impacts on groundwater remain controversial. The Skokomish Sewer District is owned and operated by the Skokomish Tribe, but it is unknown to MCPH which parcels, on or off the reservation, are hooked up to the sewer or where the sewer lines are located. Potlatch State Park abandoned their LOSS and hooked up to the Skokomish Sewer in 2012 (Schultz, 2012). One LOSS remains in the SPD. Minerva Beach Resort is located on the shoreline in the northern part of the district next to Potlatch State Park. This LOSS has previously experienced a failed drainfield that was inundated during king tides. After denying the offer to hook up to the Skokomish Sewer, Minerva Beach Resort opted to use the drainfield across the highway by the State Park. The septic tank that remains behind their bulkhead on the shoreline was checked for leaks in early 2000s and has shown no further problems even after high shoreline hits were observed again in 2011. Minerva Beach Resort was recently granted a permit from the Army Corps of Engineers (USACE)to re-do their bulkhead, shoreline and address their septic tank location issues. This LOSS remains "In Failure"according to DOH. Minerva Beach Resort LOSS's permit expires June 30,2019. The LOSS will have to have to complete a number of tasks and studies to bring the system into compliance by June 2019. Due to the prolific use of individual on-site septic systems in the SPD,MCPH will be concentrating on identifying high risk systems which could be from lack of O&M, high shoreline samples, unresolved septic issues, identified pollution sources or otherwise (Appendix B). Table 2. Land use designation in the Annas Bay SPD by parcel. Land Use Designation Number of Parcels Residential 737 Commercial 2 Trade 15 Services 40 Recreational 13 Resource 337 Undeveloped 772 Annas Bay Shellfish Protection District—Closure Response Plan Page 9 Annas Bay On-Site Septic Systems: Type of OSS by Parcel OSS Type Conventional Alternative Community -Biosolids Facility Seepage Pit C -LOSS . f�`✓ a, , ^ous LL - I e SKC WISH R 1:L d Boundaries j 2017 Annas Bay SPD Boundary @D❑. N -Union Manna-Conditionally Approved fa _Annas Bay A-Approved Annas Bay B-Conditionally Approved Annas Bay D-Unclassified s 0 1 2 Miles Skokomish Inclian Reservation Esl,MERE.OeLam4.MaprIMY, .sM IMOI mmmunry Figure 4. The figure above was created from a 6/15/2018 O&M database report. Conventional OSSs are comprised of a tank and a drainfield often with a pump tank and rely on the availability of soil for effluent treatment. Alternative OSS's are lacking sufficient soil for effluent treatment and must include alternative treatment methods. Community OSS's are individual septic tanks with a shared drainfield. Large OSS's (LOSS)have individual tanks and a shared drainfield that services over 3,500 gal/day. LOSSs are regulated by DOH. Seepage pits consists of a tank and vertical pit or dry well to disperse effluent. Seepage pits are no longer permitted. The Skokomish Sewer is privately owned and operated by the Skokomish Tribe but is regulated by ECY.A permitted biosolids treatment and land application facility is also located in the SPD. Table 3. Distribution of OSS Type in SPD by percentage. Conventional Alternative Community Seepage Pit LOSS Biosolids Facility 637 57 8 3 1 1 Annas Bay Shellfish Protection District—Closure Response Plan Page 10 Annas Bay On-Site Septic Systems: Age of OSS by Parcel OSS Ago —2010-2019 -2000-2009 1990-1999 198o-1989 �- 1970-1979 1960-1969 1950-1959 5 _ -Prior to 1950 or UnknownM~ t. t - - t ■ U J p f/ OW f7 Boundaries r 2017 Annas Bay SPD Boundary N Union Manna-Conditionally Approved T Annas Bay A-Approved - t Annas Bay B-Conditionally Approved Annas Bay D-Unclassified 0.5 1 2 Y9es Skokomish Indian Reservation �Esr.,"ERE.0&1. rK,Mrr{.vnYlrlb!CFe^treeO,%G apt tan.• th.O18 ur: 'y Figure 5. The figure above was created from a 6/15/2018 O&M database report. Mason County lacks property records on a large portion of OSS, specifically their install date (Table 4). The Skokomish Valley houses the majority of OSS with an unknown install date or one prior to 1950. Systems with unknown install dates are of increased concern. Although ongoing O&M will increase the life of an OSS,they do depreciate and deteriorate over time. Older systems are at a higher risk of contributing to surface water pollution. MCPH will focus on these systems by completing sanitary surveys, sampling and offering rebate incentives for O&M. Table 4. Distribution of OSS age in SPD by percentage. 2010-2019 2000-2009 1990-1999 1980-1989 1970-1979 1960-1969 1950-1950 Prior to 1950 or Unknown 49 156 191 63 64 30 8 146 Annas Bay Shellfish Protection District—Closure Response Plan Page 11 Annas Bay On-Site Septic Systems: O&M of OSS by Parcel osa O&M Maintenance Not Tracked -Maintenance Current -Maintenance Overdue -No Record or Maintenance Ilk 3 AYSH u 1 tiLs o SxQ Outs-A L � o-1G 1� Boundaries Q 2017 Annas Bay SPD Boundary _Union Marina-Conditionally Approved t Annas Bay A-Approved _ Annas Bay B-Concitionally Approved ' N Annas Bay D-Unclassified ¢ ; o 05 i 2 Yves Skokonnish Indian Reservation 1 l e� Ell,-ERE.DKo=nf.Map�ytrW. CperS>ee::'a.r.-..i.. •^a U� s usw m�mmunry Figure 6. The figure above was created from a 6/15/2018 O&M database report. Maintenance schedules and authorized inspectors are determined by the type of system (Table 6). MCPH will first prioritize systems with no record of maintenance and then systems that are overdue for maintenance. HCRPIC had secured funds for O&M incentives in the form of rebate vouchers. Vouchers may be used for pumping, O&M, upgrades(i.e. installing risers or effluent filters)or any repairs that are needed. Table 5. Distribution of OSS Maintenance status in SPD by Percentage. Maintenance Current Maintenance Overdue No Record of Maintenance Maintenance Not Tracked 392 198 109 8 Annas Bay Shellfish Protection District—Closure Response Plan Page 12 Table 6. Mason County OSS Maintenance Schedule. Septic System Type ATU, Conventional Glendon, Conventional Pressure & Mound & Recirculating, Non- Gravel Filter, Residential & Gravity Open Bottom Sand Filter Sub-Surf. Commercial Sandfilter Drip, Textile Filter Inspection Frequency Annually, Every 3 years Annually Annually Annually Testing may be required Approved Service Provider Homeowner, Homeowner, O&M Pumper, Pumper, Homeowner, Specialist, O&M O&M Proprietary O&M O&M Specialist Device Specialist Specialist Specialist Licensee History of Water Quality Projects in Annas Bay ❖ 1996-2002 Mason County Septic O&M Program 1998-2001 Mason County Land Acquisition and Restoration ❖ 1998-2001 Agricultural BMP Implementation ❖ 2002-2007 TMDL Septic and Agricultural Implementation ❖ 2002-Present Voluntary Septic O&M Program ❖ 2006-2007 Annas Bay SPD Restoration Study ❖ 2007-Present Skokomish Estuary Restoration ❖ 2008-2011 Shorebank Septic System Loan Program ❖ 2011-Present Craft 3 Septic Loan Program ❖ 2012 Potlatch State Park Sewer Conversion 2013-Present Hood Canal Regional PIC Program 2016-Present Skokomish Fish Parcel Shellfish Enhancement ❖ 2016-Present Skokomish HAB Monitoring Annas Bay Shellfish Protection District—Closure Response Plan Page 13 C. Strategy for Water Quality Improvement Our goal is to take immediate steps to: • Protect public health • Reduce water pollution • Meet state and federal marine water quality standards for commercial shellfish harvesting • Ensure that marine water quality is maintained Tasks: 1. Plan and coordinate Closure Response Plan development and implementation • MCPH coordinated with DOH, HCCC, and the Skokomish Tribe to develop this closure response plan. 2. Monitor marine and fresh water quality • DOH will continue to sample designated marine water stations for FC and MCPH will develop a sampling plan with shoreline and upland sampling on OSS risk identification and septic O&M.MCPH will work with HCCC to revise HCRPIC 3 work plan, Skokomish Tribe will work on tribal land 3. Control OSS pollution sources • MCPH will use our Risk Assessment Table, Mason County O&M database and previous successful tools to find,track, and resolve issues with OSS in the SPD (see Appendix B). The Skokomish Tribe will be investigating OSS issues on Skokomish tribal land. 4. Control agricultural pollution sources • MCPH will inventory agricultural activity in the SPD via sanitary parcel surveys and dashboard surveys and refer farmers and residents to MCD when appropriate. The Skokomish Tribe will be investigating agriculture and livestock issues on Skokomish tribal land. 5. Education and community capacity building • O&M rebates will be provided by HCCC and made available to OSS owners in the SPD. Rebates will only be offered for the duration of the current HCRPIC Phase 3 grant ending March 31, 2019. They are first come first served as funds remain available. Annas Bay Shellfish Protection District—Closure Response Plan Page 14 References Book, S.,Final Project Report for Grant#G0600332: Skokomish Annas Bay Restoration Study, Mason County Public Health, Shelton, WA. http://www.co.mason.wa.us/health/environmental/water-quality/reports/annas- bay/annas_bay_final_report_2008.pdf RCW 90.72., 2008, Shellfish Protection Districts, Washington State Legislature, Olympia, WA. Schultz, J., 2012, Sanitary Survey of Annas Bay, Washington State Department of Health, Tumwater, WA. Swanson, T., 2017,Addendum to the 2012 Sanitary Survey Report of Annas Bay, Washington State Department of Health, Tumwater, WA. White, L., S. Berbells, 2011 Shoreline Survey of the Annas Bay Shellfish Growing Area, Washington State Department of Health, Tumwater, WA. Annas Bay Shellfish Protection District—Closure Response Plan Page 15 Appendix A: Annas Bay Shellfish Protection District Task Matrix Objective&Task Lead Agency/Partner Timeline/Due Date Funding Source I Status Action/Products/Outcome Objective 1:Planning,Coordination and Reporting Task 1:Identify accountable agencies&create SPD Advisory Team MCPH Ongoing HCRPIC Phase 3 In progress List of advisory group members Task 2:Identify the boundaries&create a map of SPD MCPH 5/16/2018 HCRPIC Phase 3 Completed Map of boundary Task 3:Create Draft Closure Response Plan MCPH 5/16/2018 HCRPIC Phase 3 Completed Draft work plan Task 4:Ordinance creating SPD adopted by Commissioners MCPH Completed HCRPIC Phase 3 Completed Approval Task 5:Annual SPD Reporting to DOH MCPH August,annually Unfunded Ongoing Annual report Task 6:Monthly Progress Report to HCCC MCPH March 31,2019 HCRPIC Phase 3 Ongoing Progress Reports Task 7:Long term land use planning Skokomish,MCPH,HCSEG, Continuous Unfunded Ongoing i.e.,purchasing flooded lands,flood plain restoration,sediment management,fish MCD,HCCC,ECY,WDFW passage management,etc. Objective&Task Lead Agency/Partner Timeline/Due Date Funding Source Status Action/Products/Outcome Objective 2:Monitor Marine and Fresh Water Quality Task 1:Marine water quality monitoring DOH Ongoing DOH Program Funds Ongoing Data set Task 2:Stream water quality monitoring MCPH,Skokomish March 31,2019 HCRPIC Phase 3 In planning Data set Task 3:Shoreline water quality monitoring MCPH,Skokomish March 31,2019 HCRPIC Phase 3 In planning Data set Task 4:Hotspot investigations via PIC process MCPH,Skokomish March 31,2019 HCRPIC Phase 3 In planning Number of sanitary surveys,dye tests,OSS failures,enforcement cases Task 5:Water quality data management MCPH,HCCC,Skokomish March 31,2019 HCRPIC Phase 3 In planning Data set Task 6:Fall Storm event freshwater monitoring MCPH,Skokomish March 31,2019 HCRPIC Phase 3 In planning Data set Objective&Task Lead Agency/Partner Timeline/Due Date Funding Source Status Action/Products/Outcome Objective 3:Control OSS Pollution Sources Task 1:Inventory location&risk level of OSS in SPD MCPH March 31,2019 HCRPIC Phase 3 In progress Risk assessment list including risk of drainfields impacted by flooding Task 2:Sanitary/Parcel surveys and Site Visits MCPH,Skokomish March 31,2019 HCRPIC Phase 3 In progress Number of sanitary survey&final rating Task 3:Overdue 0&M notification MCPH,Skokomish March 31,2019 HCRPIC Phase 3 In planning Number of letters sent&response Task 4:Dye test OSS of concern MCPH,Skokomish March 31,2019 HCRPIC Phase 3 In planning Number of dye tests&outcome Task 5:Follow up on unsatisfactory reports MCPH,Skokomish March 31,2019 HCRPIC Phase 3 In planning Number of reports followed up on and results Task 6:CRAFT 3 referrals MCPH,Skokomish March 31,2019 HCRPIC Phase 3 In planning Number of referrals&response Task 7:Find solution for Minerva Beach Resort LOSS DOH,Minerva Beach Resort June 30,2019 Program funds In progress I Have a long-term plan of action to bring their LOSS into compliance Objective&Task Lead Agency/Partner Timeline/Due Date Funding source s-t a t-u-s—T Action/Products/Outcome Objective 4:Control Agricultural Pollution Sources Task 1:Identify location and activity of farms for GIs MCPH,MCD,Skokomish March 31,2019 HCRPIC Phase 3 In planning GIS layer Task 2:Refer farms in need of technical assistance to MCD MCPH,Skokomish March 31,2019 HCRPIC Phase 3 In planning Number of referrals,Skokomish will work on tribal land Task 3:Provide technical assistance to farms MCD,ECY Ongoing Program funds Ongoing Number of Farm Plans,Conservation Plans MCD;Number of sites referred to ECY for site visits or enforcement Task 4:Inventory timing of animal removal from flooded area MCPH,MCD Ongoing Unfunded In Planning Timeline and actions of seasonal animal removal Objective&Task Lead Agency/Partner Timeline/Due Date Funding Source Status Action/Products/Outcome Objective 5:Education&Outreach Task 1:0&M incentives MCPH March 31,2019 HCRPIC Phase 3 Ongoing Task 2:0&M Workshops MCPH TBD Unfunded TBD Annas Bay Shelfrh Proteclion District-Closure Response Plan Page 16 Appendix B: Additional Resources GUIDANCE FOR WATER QUALITY COMPLIANCE IN MASON COUNTY, WA • DRAFT 4/1/14 • FINAL S/20/14 • REVISED 4/25/17 SEND INITIAL UNABLE TO VERIFY COMPLIANCE PROCESS STOPS CONTACT LETTER PROBLEM REQUESTING ACCESS FOR SITE VISIT,CHECK WITH IN COMPLIANCE VISIBLE NOTICE& DEVELOP TIMELINE&MAKE REPAIR NO ACCESS SURROUNDING FAILURE ORDER COMPLIES (MAYTAKESEVERALMONTHS) PROPERTY OWNERS FOR DYE 1.SEPTIC SYSTEMS REFERRAL PERMISSION TO (+) NONCOMPLIANT POSTED FOR NONOCCUPANCV WATER AGENCY ACCESS THEIR QUALITY VISITS SITE PROPERTY. SEPTIC ISSUES SANITARY SURVEY& SAMPLE, TO INSPECT COMPLIANCE PROCESS USE CHART POSSIBLE DYE TEST NO ISSUE OR NO DYE SITE VISITS, BELOW TO AND/OR STOPS OR CITIZEN DETERMINE SAMPLE NOT IN COMPLAINT WHICH FOR COMPLIANCE < INITIAL NOTICE& HEARINGS MAY AGENCY TO POSSIBLE POLLUTION CONTACT NONCOMPLIANT ORDER NONCOMPLIANT EXAMINER INDICATE REFER 2.PET WASTE LETTER& WATER EDUCATION POLLUTION IN COMPLIANCE MATERIALS COMPLIES COMPLIANCE PROCESS STOPS EDUCATION 3.WILDLIFE COMPLIANCE PROCESS STOPS S���RIIEI �TOUNINO�WN/-ULT 4.STORMWATER � SOURCE IN ROW SIPLE SOURCES BOX MCPH REFERS POLLUTION ISSUSE REFERRAL AGENCY REGULATION S.S rctwt � CHECK wiTH COS OR MCU.REFER TO ECOLOGY iF PRIVATE SEWER I TO ECOLOGY 1.SEPTIC SYSTEM/ MCPH WAC 246-271/ RV HOLDING TANK MASON COUNTY TITLE 6.76 ANIMALS MCPH SEND INITIAL NONCOMPLIANT 2.PET WASTE MCPH MASON COUNTY TITLE 6.72.30 WITH WATER CONTACT LETTER TEMPORARY CORRECTIVE ACCESS REFERRING TO CD ACTION&FARM 3.WILDLIFE/ NONE NONE �� 6.LIVESTOCK COMPLIANT MANAGEMENT PLAN URBAN WILDLIFE ANIMALS SAMPLE TO 4.STORMWATER MCPW RCW 90.48.080 WITHOUT DETERMINE IF UNABLE TO VERIFY POLLUTION -- COMPLIANCE CITY OF SHELTON/ WATER POLLUTION COMES PROCESS STOPS 5.SEWER MC UTILITIES/ MASON COUNTY TITLE 13.04 ACCESS OFF PROPERTY ABLE TO VERIFY POLLUTION ECOLOGY FOR ALLYN&BELFAIR 6.LIVESTOCK WASTE MCD/MCPH RCW 90.48.080 7.UNKNOWN OR MULTIPLE REFER TO CORRECT AGENCY ----- — --------------- — ---- EXTENSIVE WQ SAMPLING. POSSIBLE SOURCES MAY TAKE MONTHS. WHEN SOURCE(S)DETERMINED Annas Bav Shellfish Protection District—Closure Response Plan Page 17 On-Site Sewage System Risk Assessment Date: Parcel: System Condition Factor Low Risk Medium Risk High Risk Drainfield>100 feet from Drainfield 50-100 feet from Distance to surface water surface water OR tank is Drainfield<50 feet from Surface Water (0 pts) within 50 feet of surface surface water water (10 pts) (5 pts) Conventional Conventional installed prior Conventional installed prior Type of System (gravity/pressure)installed to 1995 OR mound OR sand to 1975 OR ATU OR and Age after 1995 filter system disinfection devices (0 pts) (2 pts) (4 pts) O&M not on schedule'OR deficiencies noted and not v O&M on schedule AND no 0&M on schedule AND corrected Operations& deficiencies identified deficiencies noted and (5 pts) Maintenance corrected (0 pts) (2 pts) ATU not on schedule OR never serviced (7.S pts) Asbuilt up-to-date AND No asbuilt BUT location No asbuilt AND unknown Access location known known(serviced) location OR location (0 pts) (I pt) Inaccessible (2 pts) Yes AND failed dye test" o No,never asked for dye cc Previous Dye Test test Yes AND passed OR No,refusal V {0 pts) (I pt) (4 pts) Failed,since fixed(2 pts) Clean AND within standards Elevated hits OR Confirmed Hot Spot AND Sampling Results OR no samples taken. inconsistent high hits BUT hits of>1000 FC (it available) (0 pts) not confirmed hotspot (5pts) (2pts) Site Condition . d F Parcel Area >1.5 acres < 1.5 acres (0 pts) 0 pt) f- In situ soil greater than 48 In situ soil less than 24 In situ soil 24-48 inches d Suitable Soil Depth inches (I pt) inches (0 pts) ATU(.5 pts) (3 pts) Unknown(.5 pt) ATU(1.5 pts) n Soil Type 2 OR 3 Soil type 1 OR 7 Soil Type Soil type 4,5,OR 6 0 pt) (3 pts) a` (0 pts) ATU(.5 pts) ATU 11.5 pts) Total Points: Rank order will be created after all systems are evaluated. High dye test and survey priority:11.5 or greater.Medium priority:7-11.Low priority:less than 7. All High Priority systems will be dye tested,with consent,unless rated"No Apparent Problem". '-No service history and 10+year old system,instant qualifier as top survey priority. "-If no repairs/changes since failure,instant qualifier as top survey priority. Annas Bay Shellfish Protection District—Closure Response Plan Page 18 Addendum: 2021 Reclassification Within Existing Downgrade Area On June 29t1i, 2021 DOH issued an official reclassification of 176 acres within the existing conditional area in the Annas Bay growing area from Conditionally Approved to Prohibited. As depicted in figure 7. ftfth Leg©nd THE GRE T SEND ■ WaterO"'tyStations � Classification ry Iar. �. -Approved C� f yF Conddions rlt� EST Vm1+MrnA m r� O ENO 7 T -Restncted O eE L—I Undassified 9 - — I HAS 8 A Y 41.3518, 123.1188 47.3520,-123.10G7 r 20i 47.3459,-123.1106 31/ li `. I 1 1 16,-123.1092 47.3457, 123.1248 41.3446, 123.1109 r h r. 10 / . �,• Figure 7. Map of June 2021 Annas Bay growing area re-classification. In response to a harvest request in the newly Prohibited area DOH issued another reclassification in September 2021 changing the Prohibited area to Restricted as depicted in Figure 8. This allows harvest to occur within the Restricted area provided the grower has an approved relay available. Annas Bay Shellflsh Protection District—Closure Response Plan Page 19 P Legend • `" THE G R E T BEND -;. �. ■ Water Quality Stations ew Classification T Fbnx A/ - Approved T Conditional vfrs ®1_16 T Q Prohibited O FN� '9 T - Restricted Q B F 7- Unclassified 9 - N. 9 196■ 1 195■ 30-0 N S B A Y f/ a�• 199■ 197 } i - 0I �e i 1J 1 198 200■ 299 .E _ 323■ 314 Ef 1-165' ' o - 3 I i i 4 - 0 Figure 8. Map of September 2021 Annas Bay growing area reclassification. MCPH will continue to pursue the PIC strategy outlined earlier in this document in our efforts to improve water quality and upgrade the currently impaired shellfish growing areas in Annas Bay. Annas Bay Shellfish Protection District—Closure Response Plan Page 20 Station: 198 Current Classification: Prohibited Method: SRS Total Samples: 30 Date Range: 02/28/2019 - 07/29/2021 Range (FC/100 mL): 1.7 -350.0 E90th (FC/100 mL): 59.0 GeoMean (FC/100 mL): 9.6 Sample Event Type Time Tide SWT Salinity Fecal Date Coliform 02/28/2019 Regulatory 09:51 Flood 4 7 1.7 03/13/2019 Regulatory 10:10 Flood 7 8 7.8 04/25/2019 Regulatory 10:12 Ebb 12 17 1.7 05/09/2019 Regulatory 07:02 Flood 15 11 11.0 06/12/2019 Regulatory 13:01 Flood 21 20 2.0 07/11/2019 Regulatory 13:02 Flood 18 1 7 23.0 08/20/2019 Regulatory 08:49 Flood 17 21 7.8 09/18/2019 Regulatory 10:05 Ebb 13 8 350.0 10/21/2019 Regulatory 10:23 Flood 11 12 13.0 11/06/2019 Regulatory 10:48 Flood 8 6 21.0 12/18/2019 Regulatory 10:20 Flood 8 10 4.5 01/14/2020 Regulatory 09:41 Ebb 5 6 2.0 02/06/2020 Regulatory 09:58 Flood 8 2 2.0 03/17/2020 Regulatory 10:18 Flood 7 15 1.7 04/01/2020 Regulatory 09:55 Flood 7 6 1.7 05/28/2020 Regulatory 09:33 Ebb 14 4 350.0 06/25/2020 Regulatory 08:36 Ebb 18 11 33.0 07/28/2020 Regulatory 12:16 Flood 20 20 13.0 08/25/2020 Regulatory 09:56 Flood 16 24 13.0 09/23/2020 Regulatory 09:39 Flood 14 12 23.0 10/08/2020 Regulatory 09:44 Flood 14 15 7.8 11/23/2020 Regulatory 12:24 Flood 9 1 13.0 12/08/2020 Regulatory 11:07 Flood 10 22 2.0 01/07/2021 Regulatory 09:41 Flood 7 0 13.0 02/18/2021 Regulatory 09:48 Ebb 5 4 22.0 03/11/2021 Regulatory 13:41 Flood 10 4 2.0 04/19/2021 Regulatory 09:24 Flood 12 9 17.0 05/03/2021 Regulatory 09:46 Ebb 12 11 22.0 06/15/2021 Regulatory 08:19 Ebb 14 12 33.0 07/29/2021 Regulatory 09:16 Flood 22 23 11.0 Annas Bay Shellfish Protection District-Closure Response Plan Page 21 Station: 314 Current Classification: Prohibited Method: SRS Total Samples: 30 Date Range: 02/28/2019 -07/29/2021 Range (FC/100 mL): 1.7 - 130.0 E90th (FC/100 mL): 42.3 GeoMean (FC/100 mL): 9.0 Sample Event Type Time Tide SWT Salinity Fecal Date Coliform 02/28/2019 Regulatory 09:53 Flood 4 4 2.0 03/13/2019 Regulatory 10:12 Ebb 7 7 13.0 04/25/2019 Regulatory 10:14 Ebb 11 6 2.0 05/09/2019 Regulatory 07:04 Flood 15 9 13.0 06/12/2019 Regulatory 13:04 Flood 21 17 4.0 07/11/2019 Regulatory 13:07 Flood 18 9 6.1 08/20/2019 Regulatory 08:51 Flood 17 22 13.0 09/18/2019 Regulatory 10:07 Ebb 12 6 130.0 10/21/2019 Regulatory 10:25 Flood 11 5 17.0 11/06/2019 Regulatory 10:50 Flood 8 8 4.5 12/18/2019 Regulatory 10:22 Flood 8 20 4.5 01/14/2020 Regulatory 09:43 Ebb 5 6 1.8 02/06/2020 Regulatory 09:59 Flood 8 1 7.8 03/17/2020 Regulatory 10:20 Flood 7 8 1.7 04/01/2020 Regulatory 09:56 Flood 8 5 13.0 05/28/2020 Regulatory 09:35 Ebb 13 4 46.0 06/25/2020 Regulatory 08:37 Ebb 17 10 33.0 07/28/2020 Regulatory 12.18 Flood 20 17 17.0 08/25/2020 Regulatory 09:59 Flood 16 21 23.0 09/23/2020 Regulatory 09:41 Flood 14 12 23.0 10/08/2020 Regulatory 09:45 Flood 14 14 13.0 11/23/2020 Regulatory 12:25 Flood 9 2 23.0 12/08/2020 Regulatory 11:08 Flood 10 24 2.0 01/07/2021 Regulatory 09:43 Flood 7 0 6.8 02/18/2021 Regulatory 09:49 Ebb 6 3 110.0 03/11/2021 Regulatory 13:43 Flood 10 4 1.7 04/19/2021 Regulatory 09:26 Flood 11 11 4.5 05/03/2021 Regulatory 09:48 Ebb 12 13 2.0 06/15/2021 Regulatory 08:20 Ebb 13 7 23.0 07/29/2021 Regulatory 09:18 Flood 22 23 6.8 Annas Bay Shellfish Protection District-Closure Response Plan Page 22 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Alex Paysse, Kell Rowen DEPARTMENT: Community Services, EH EXT: 279, 260 BRIEFING DATE: 1/24/2022 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance n Human Resources ❑ Legal ❑ Other— piease explain ITEM: Mason County Code Enforcement: 2021 review EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): Current staffing for code enforcement work 2021 Code Enforcement Summary consists of: 1.7 FTEs for EH and 1 FTE for DCD. EH Cases Received 224 Environmental Health added 1.0 FTE back in July EH Cases Closed 176 of 2021, however the staff was reassigned to EH Cases Opened 472 other duties in October due to impacts from an EHS resignation. The enforcement EHS position DCD Cases Received 141 was refilled in mid-December. Management DCD Cases Closed 57 believes the additional staffing will increase the DCD Cases Opened 239 rate of closure for EH cases. Staff and management continue to hold bi- 2021 Cases Received 365 monthly meetings to discuss complicated cases averse monthly rate 30.4/mo that involve both health and development 2021 Cases Closed 233 violations. These meetings have proven helpful (average monthly rate 19.4/mo in tackling more complicated cases and staying Total Cases Opened 711 coordinated in our efforts. (per database Use of recreational vehicles (RVs) on undeveloped land continues to be a common violation between DCD and EH. Development without permits, improper sewage disposal, and solid waste accumulation make up most cases. 66 cases in 2021 were found to be"Invalid" where no violations were found during an inspection. 'Cases Opened" may contain duplicates or multiple cases on a single parcel. BUDGET IMPACT: NA Briefing Summary 1/18/2022 PUBLIC OUTREACH:(include any legal requirements, direct notice, website, community meetings, etc.) NA RECOMMENDED OR REQUESTED ACTION: No requests at this time ATTACHMENTS: none Briefing Summary 1/18/2022 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Alex Paysse DEPARTMENT: Community Services, EH EXT: 279 BRIEFING DATE: 1/24/2022 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal ❑ Other— please explain ITEM: Drinking Water Code Updates EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): Environmental Health has reviewed MCC Title 6 in relation to their drinking water program and state regulations. Staff has found various gaps with current policies and services provided relating to well construction, decommission, individual wells, and two-party water systems. Updates to code are needed to improve applicability and transparency with the public on current practices. BUDGET IMPACT: No budget impacts PUBLIC OUTREACH:(Include any legal requirements, direct notice,website, community meetings, etc.) Various public meetings and hearing prior to adoption per MCC 6.04.060 RECOMMENDED OR REQUESTED ACTION: Staff would like to propose a reconfiguration of"Chapter 6.68 — Water Adequacy Regulations"to incorporate other program services and state regulations. Chapter would be re-titled "Drinking Water Regulations". Updates will be drafted and presented to BOCC and BOH at a future date. ATTACHMENTS: none Briefing Summary 1/18/2022 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Kell Rowen DEPARTMENT: Community Development EXT: 286 BRIEFING DATE: 1/24/2021 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information INTERNAL REVIEW (please check all that apply): f l Budget/Finance ♦ Human Resources ❑ Legal ❑ Other— please explain ITEM: Request to post and fill a Permit Technician. EXECUTIVE SUMMARY: (if applicable, please include available options and potential solutions): The Department of Community Development is losing a member of its team in the Permit Center effective 2/1/2022. BUDGET IMPACT: None. PUBLIC OUTREACH:(Include any legal requirements, direct notice, website, community meetings, etc.) None RECOMMENDED OR REQUESTED ACTION: Approval to post for the vacated position of Permit Technician. ATTACHMENTS: Recruitment Request Form. Briefing Summary 1/19/2022 +►0O" copNr JOB POSTING - RECRUITMENT REQUEST Department: Permit Assistance Center Position Title: Permit Tech New Position No If so, date approved by CMMRS Existing Position Yes Who formerly held this position Kati Dooley MUNIS BARS# **New positions,please attach a copy of the action agenda a proving this position and a completed Job Class Set-Up/Change Form— Please check off that the following are attached: F lAqenda Action Sheet =Job Class Set-Up/Change Form Human Resources use: Action Agenda sheet attached Job Class Set-Up/Change Form HR verified Send new position and job class request information to Financial Services Assigned Job Posting # Exempt ✓ Non-Exempt =Regular FT ❑Regular PT Extra Help =Seasonal emporary Posting requirements for bargaining unit? ✓ Yes❑No If yes, x Concurrent with external OR: from to Opening Date: 1/24/2022 Closing Date: Until Filled Min. Salary: Max Salary: Requested Advertisements and Date(s)of Publication =Shelton Journal-Aprox.$15 per week.(Thursday) Date(s): 1) 2) ❑ Kitsap Sun- Average price$160 for 2 Sunday paper ads Date(s): 1) 2) [ ]The Olympian-Prices vary-Please request a quote from HR.Average price is$600-Online only options available upon request. Date(s): 1) 2) ❑Tacoma New Tribune Online:Ask HR to get a price quote. ❑The Shoppers Weekly-$7.50 for 20 words and.10 for each additional word. ❑AWC—JobNet$100.00 ❑Sound Publishing Approx.$30 per week.Bainbridge Island Reporter,North Kitsap Herald,Central Kitsap,Port Orchard Independent ❑ Other-specify publication: Dates: 1) 2) Note: Each Department is responsible for their advertisement payments. Standard Recruitment Sources - HR posts to all of the follow with no cost to your department. WorkSource Monster.com Indeed.com Olympic College SPSCC Evergreen State College(CODA) County Website Squaxin Island HR Skokomish HR All County E-Mail WA State Employment Security Dept. County Facebook page Governmentjobs.com HR Lobby Pacific Mountain Workforce/Camo2Commerce Notes: Requested by: Kell Rowen Date: 1/24/2022 Updated 04.12.2019 MASON COUNTY BRIEFING ITEM SUMMARY FORM To: Board of Mason County Commissioners From: David Windom Department: Community Services Ext: 260 Briefing Date: 1/24122 Previous Briefing Dates: None If this is a follow-up briefing, please provide only new information Internal Review (please check all that apply): ❑ Budget/Finance X Human Resources ❑ Legal ❑ Information Technology ❑ Other— please explain Item: Recruitment of Community Health Division-Personal Health Manager Position Executive Summary: (If applicable, please include available options and potential solutions) Current Community Health Personal Manager will be retiring. Requesting to recruit for position. Would like to overlap position for training purposes for several months if possible. Budget Impact: Budgeted Public Outreach: (Include any legal requirements, direct notice, website, community meetings, etc.) None Recommended/Requested Action: Approve recruitment for Personal Health Manager position Attachments: None MASON COUNTY BRIEFING ITEM SUMMARY FORM To: Board of Mason County Commissioners From: David Windom-Lydia Buchheit Department: Community Services-Public Health Ext: 404 Briefing Date: 1/24/22 Previous Briefing Dates: If this is a follow-up briefing, please provide only new information Internal Review (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal ❑ Information Technology ❑ Other— please explain Item: Annual Contract with Mason Matters for Community Health Improvement Executive Summary: (If applicable, please include available options and potential solutions) For many years Mason Matters worked toward community health improvement. With the revamping of Mason Matters at the end of 2020 and the creation of the Mason County Health Coalition, the two organizations are now ready to launch projects to impact the next Mason County Community Health Improvement Plan. Previously Mason County Public Health contributed to this work. Budget Impact: Included in budget Public Outreach: (Include any legal requirements, direct notice,website, community meetings, etc.) None Recommended/Requested Action: Move contract to Action Agenda Attachments: Mason Matters Contract MASON COUNTY PROFESSIONAL SERVICES CONTRACT CONTRACT ID 2022 MM This CONTRACT is made and entered into by and between Mason County, hereinafter referred to as"COUNTY" and Mason Matters, hereinafter referred to as"CONTRACTOR." Contracted Entity Mason Matters Address PO Box 1150 City, State, Zip Code Shelton, WA 98584 Phone 360-227-2107 Primary Contact: Name, Lydia Buchheit, Board Secretary/Treasurer Title Primary Contact: E-mail masonmatters1@Finail.com Washington State UBI# 601-999-453 Federal EIN 91-2078385 DUNS Number 146380899 Total Award/Contract $25,000 Value Funding Source State Public Health Assistance Funds Federal None Contract Term Duration January 1, 2022— December 31, 2022 County Contract Contact: Dave Windom, Director Community Services County Contact Email: dwindom@masoncountywa.gov County Contact Phone: 360-427-9670 ext. 260 Exhibits incorporated into Exhibit A: Scope of Work B: Compensation C: Insurance this Personal Service Requirements Contract by reference General Conditions Scope of Services: CONTRACTOR agrees to provide COUNTY the services and any materials as set forth as identified in "Exhibit A Scope-of-Services," during the CONTRACT period. No material, labor or facilities will be furnished by COUNTY, unless otherwise provided for in the CONTRACT. Term: Services provided by CONTRACTOR prior to or after the term of this CONTRACT shall be performed at the expense of CONTRACTOR and are not compensable under this CONTRACT unless both parties hereto agree to such provision in writing. The term of this CONTRACT may be extended by mutual consent of the parties; provided, however, that the CONTRACT is in writing and signed by both parties Extension: The duration of this CONTRACT may be extended by mutual written consent of the parties, for a period of up to one year, and for a total of no longer than three years. Compensation: CONTRACT total values are not to exceed $25,000 per year. 1 Independent Contractor: CONTRACTOR's services shall be furnished by the CONTRACTOR as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer-employee. All payments made hereunder and all services performed shall be made and performed pursuant to this CONTRACT by the CONTRACTOR as an independent contractor. CONTRACTOR acknowledges that the entire compensation for this CONTRACT is specified in Exhibit B Compensation and the CONTRACTOR is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of COUNTY. The CONTRACTOR represents that he/she/it maintains a separate place of business, serves clients other than COUNTY, will report all income and expense accrued under this CONTRACT to the Internal Revenue Service, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. CONTRACTOR will defend, indemnify and hold harmless COUNTY, its officers, agents or employees from any loss or expense, including, but not limited to, settlements,judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. Taxes: CONTRACTOR understands and acknowledges that COUNTY will not withhold Federal or State income taxes. Where required by State or Federal law, the CONTRACTOR authorizes COUNTY to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the CONTRACTOR will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the CONTRACTOR to make the necessary estimated tax payments throughout the year, if any, and the CONTRACTOR is solely liable for any tax obligation arising from the CONTRACTOR's performance of this CONTRACT. The CONTRACTOR hereby agrees to indemnify COUNTY against any demand to pay taxes arising from the CONTRACTOR's failure to pay taxes on compensation earned pursuant to this CONTRACT. COUNTY will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The CONTRACTOR must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the CONTRACTOR's gross or net income, or personal property to which COUNTY does not hold title. COUNTY is exempt from Federal Excise Tax. No Guarantee of Employment: The performance of all or part of this CONTRACT by the CONTRACTOR shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of CONTRACTOR or any employee of CONTRACTOR or any sub-contractor or any employee of any sub-contractor by COUNTY at the present time or in the future. Accounting and Payment for CONTRACTOR Services: Payment to the CONTRACTOR for services rendered under this CONTRACT shall be as set forth in "Exhibit B Compensation." Where Exhibit"B" requires payments by the COUNTY, payment shall be based upon written claims supported, unless otherwise provided in Exhibit "B," 2 by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing requirements. Acceptable invoices will be processed within 30 days of receipt. Unless specifically stated in Exhibit"B" or approved in writing in advance by the official executing this CONTRACT for COUNTY or his or her designee (hereinafter referred to as the "Administrative Officer"). COUNTY will not reimburse the CONTRACTOR for any costs or expenses incurred by the CONTRACTOR in the performance of this CONTRACT. Where required, COUNTY shall, upon receipt of appropriate documentation, compensate the CONTRACTOR, no more often than monthly, in accordance with COUNTY's customary procedures, pursuant to the fee schedule set forth in Exhibit "B." Withholding Payment: In the event the CONTRACTOR has failed to perform any obligation under this CONTRACT within the times set forth in this CONTRACT, then COUNTY may, upon written notice, withhold from amounts otherwise due and payable to CONTRACTOR, without penalty, until such failure to perform is cured or otherwise adjudicated. Withholding under this clause shall not be deemed a breach entitling CONTRACTOR to termination or damages, provided that COUNTY promptly gives notice in writing to the CONTRACTOR of the nature of the default or failure to perform, and in no case more than ten (10) days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the CONTRACTOR of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the CONTRACTOR acts within the times and in strict accord with the provisions of the Disputes clause of this CONTRACT. COUNTY may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the CONTRACT, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the CONTRACTOR, (3) to set off any amount so paid or incurred from amounts due or to become due the CONTRACTOR. In the event the CONTRACTOR obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to CONTRACTOR by reason of good faith withholding by COUNTY under this clause. Labor Standards: CONTRACTOR agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis-Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and/or the State of Washington. Assignment and Subcontracting: The performance of all activities contemplated by this CONTRACT shall be accomplished by CONTRACTOR. No portion of this CONTRACT may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of COUNTY. 3 Conflict of Interest: If at any time prior to commencement of, or during the term of this CONTRACT, CONTRACTOR or any of its employees involved in the performance of this CONTRACT shall have or develop an interest in the subject matter of this CONTRACT that is potentially in conflict with the COUNTY's interest, then CONTRACTOR shall immediately notify COUNTY of the same. The notification of COUNTY shall be made with sufficient specificity to enable COUNTY to make an informed judgment as to whether or not COUNTY's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, COUNTY may require CONTRACTOR to take reasonable steps to remove the conflict of interest. COUNTY may also terminate this CONTRACT according to the provisions herein for termination. Non-Discrimination in Employment: COUNTY's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. CONTRACTOR shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which CONTRACTOR is governed by such laws, CONTRACTOR shall take affirmative action to insure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, CONTRACTOR shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The foregoing provisions shall also be binding upon any sub-contractor, provided that the foregoing provision shall not apply to contracts or sub-contractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. Non-Discrimination in Client Services: CONTRACTOR shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny an individual or business any service or benefits under this CONTRACT; or subject an individual or business to segregation or separate treatment in any manner related to his/her/its receipt any service or services or other benefits provided under this CONTRACT; or deny an individual or business an opportunity to participate in any program provided by this CONTRACT. Waiver of Noncompetition: CONTRACTOR irrevocably waives any existing rights which it may have, by contract or otherwise, to require another person or corporation to refrain from submitting a proposal to or performing work or providing supplies to COUNTY, and CONTRACTOR further promises that it will not in the future, directly or indirectly, induce or solicit any person or corporation to refrain from submitting a bid or proposal to or from performing work or providing supplies to COUNTY. 4 Work Product: CONTRACTOR will provide COUNTY with all work product including; plans, data reports, prior to the release of the final payment for services. Patent/Copyright Infringement: CONTRACTOR will defend and indemnify COUNTY from any claimed action, cause or demand brought against COUNTY, to the extent such action is based on the claim that information supplied by the CONTRACTOR infringes any patent or copyright. CONTRACTOR will pay those costs and damages attributable to any such claims that are finally awarded against COUNTY in any action. Such defense and payments are conditioned upon the following: A. CONTRACTOR shall be notified promptly in writing by COUNTY of any notice of such claim. B. CONTRACTOR shall have the right, hereunder, at its option and expense, to obtain for COUNTY the right to continue using the information, in the event such claim of infringement, is made, provided no reduction in performance or loss results to COUNTY. Confidentiality: CONTRACTOR, its employees, sub-contractors, and their employees shall maintain the confidentiality of all information provided by COUNTY or acquired by CONTRACTOR in performance of this CONTRACT, except upon the prior written consent of COUNTY or an order entered by a court after having acquired jurisdiction over COUNTY. CONTRACTOR shall immediately give to COUNTY notice of any judicial proceeding seeking disclosure of such information. CONTRACTOR shall indemnify and hold harmless COUNTY, its officials, agents or employees from all loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees and costs resulting from CONTRACTOR's breach of this provision. Right to Review: This CONTRACT is subject to review by any Federal, State or COUNTY auditor. COUNTY or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by COUNTY's Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on-site inspection by COUNTY agents or employees, inspection of all records or other materials which COUNTY deems pertinent to the CONTRACT and its performance, and any and all communications with or evaluations by service recipients under this CONTRACT. CONTRACTOR shall preserve and maintain all financial records and records relating to the performance of work under this CONTRACT for six (6) years after CONTRACT termination, and shall make them available for such review, within Mason County, State of Washington, upon request. CONTRACTOR also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this CONTRACT. If no advance notice is given to CONTRACTOR, then CONTRACTOR agrees to notify the Administrative Officer as soon as it is practical. Insurance Requirements: At a minimum, CONTRACTOR shall provide insurance that meets or exceeds the requirements detailed in "Exhibit C Insurance Requirements." Insurance as a Condition of Payment: Payments due to CONTRACTOR under this CONTRACT are expressly conditioned upon the CONTRACTOR's strict compliance with all insurance requirements under this CONTRACT. Payment to CONTRACTOR shall be suspended in the event of non-compliance. Upon receipt 5 of evidence of full compliance, payments not otherwise subject to withholding or set-off will be released to CONTRACTOR. Industrial Insurance Waiver: With respect to the performance of this CONTRACT and as to claims against COUNTY, its officers, agents and employees, CONTRACTOR expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this CONTRACT extend to any claim brought by or on behalf of any employee of CONTRACTOR. This waiver is mutually negotiated by the parties to this CONTRACT. CONTRACTOR Commitments, Warranties and Representations: Any written commitment received from CONTRACTOR concerning this CONTRACT shall be binding upon CONTRACTOR, unless otherwise specifically provided herein with reference to this paragraph. Failure of CONTRACTOR to fulfill such a commitment shall render CONTRACTOR liable for damages to COUNTY. A commitment includes, but is not limited to, any representation made prior to execution of this CONTRACT, whether or not incorporated elsewhere herein by reference, as to performance of services or equipment, prices or options for future acquisition to remain in effect for a fixed period, or warranties. Defense and Indemnity Contract: Indemnification by CONTRACTOR. To the fullest extent permitted by law, CONTRACTOR agrees to indemnify, defend and hold COUNTY and its departments, elected and appointed officials, employees, agents and volunteers, harmless from and against any and all claims, damages, losses and expenses, including but not limited to court costs, attorney's fees and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property (including the loss of use resulting there from) which 1) are caused in whole or in part by any act or omission, negligent or otherwise, of the CONTRACTOR, its employees, agents or volunteers or CONTRACTOR's subcontractors and their employees, agents or volunteers; or 2) are directly or indirectly arising out of, resulting from, or in connection with performance of this CONTRACT; or 3) are based upon CONTRACTOR's or its subcontractors' use of, presence upon or proximity to the property of COUNTY. This indemnification obligation of CONTRACTOR shall not apply in the limited circumstance where the claim, damage, loss or expense is caused by the sole negligence of COUNTY. This indemnification obligation of the CONTRACTOR shall not be limited in any way by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and the CONTRACTOR hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of the CONTRACTOR are a material inducement to COUNTY to enter into this CONTRACT, are reflected in CONTRACTOR's compensation, and have been mutually negotiated by the parties. Participation by County— No Waiver. COUNTY reserves the right, but not the obligation, to participate in the defense of any claim, damages, losses or expenses and such participation shall not constitute a waiver of CONTRACTOR's indemnity obligations under this CONTRACT. Survival of CONTRACTOR's Indemnity Obligations. CONTRACTOR agrees all CONTRACTOR's indemnity obligations shall survive the completion, expiration or termination of this CONTRACT. 6 Indemnity by Subcontractors. In the event the CONTRACTOR enters into subcontracts to the extent allowed under this CONTRACT, CONTRACTOR's subcontractors shall indemnify COUNTY on a basis equal to or exceeding CONTRACTOR's indemnity obligations to COUNTY. Compliance with Applicable Laws, Rules and Regulations: This CONTRACT shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, political subdivisions of the State of Washington and Mason County. CONTRACTOR also agrees to comply with applicable Federal, State, County or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. Administration Contract: COUNTY hereby appoints, and CONTRACTOR hereby accepts, the Mason County's Community Services Director and his or her designee, as COUNTY's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this CONTRACT, including COUNTY's right to receive and act on all reports and documents, and any auditing performed by the COUNTY related to this CONTRACT. The Administrative Officer for purposes of this CONTRACT is: Dave Windom, Director Mason County Community Services 415 N. 6th Street Phone: 360-427-9670 Ext. 260 Fax: 360-427-7787 E-mail: dwindom(a)masoncountywa.aov Financial Contact: Casey Bingham, Finance Manager Mason County Public Health and Human Services 415 N. 6th Street Phone: 360-427-9670 Ext. 562 Fax: 360-427-7787 E-mail: caseyb(abmasoncountywa.gov Notice: Except as set forth elsewhere in the CONTRACT, for all purposes under this CONTRACT except service of process, notice shall be given by CONTRACTOR to COUNTY's Administrative Officer under this CONTRACT. Notices and other communication may be conducted via e-mail, U.S. mail, fax, hand-delivery or other generally accepted manner including delivery services. Modifications: Either party may request changes in the CONTRACT. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. Termination for Default: If CONTRACTOR defaults by failing to perform any of the obligations of the CONTRACT or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, COUNTY may, by depositing written notice to CONTRACTOR in the U.S. mail, terminate the CONTRACT, and at COUNTY's option, obtain 7 performance of the work elsewhere. If the CONTRACT is terminated for default, CONTRACTOR shall not be entitled to receive any further payments under the CONTRACT until all work called for has been fully performed. Any extra cost or damage to COUNTY resulting from such default(s) shall be deducted from any money due or coming due to CONTRACTOR. CONTRACTOR shall bear any extra expenses incurred by COUNTY in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by COUNTY by reason of such default. If a notice of termination for default has been issued and it is later determined for any reason that CONTRACTOR was not in default, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Public Convenience paragraph hereof. Termination for Public Convenience: COUNTY may terminate this CONTRACT in whole or in part whenever COUNTY determines, in its sole discretion, that such termination is in the interests of COUNTY. Whenever the CONTRACT is terminated in accordance with this paragraph, CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A Scope-of-Services and Exhibit B Compensation. An equitable adjustment in the CONTRACT price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this CONTRACT by COUNTY at any time during the term, whether for default or convenience, shall not constitute breach of CONTRACT by COUNTY. Termination for Reduced Funding: COUNTY may terminate this CONTRACT in whole or in part should COUNTY determine, in its sole discretion, that such termination is necessary due to a decrease in available project funding including State and/or Federal grants. Whenever the CONTRACT is terminated in accordance with this paragraph, the CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A Scope-of-Services and Exhibit B Compensation. Disputes: 1. Differences between the CONTRACTOR and COUNTY, arising under and by virtue of the AGREEMENT shall be brought to the attention of COUNTY at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. For objections that are not made in the manner specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. 2. The CONTRACTOR shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for(1) any act or failure to act by the Administrative Officer of COUNTY, or(2) the happening of any event or occurrence, unless the CONTRACTOR has given COUNTY a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by COUNTY. The written Notice of Potential Claim shall set forth the reasons for which the CONTRACTOR believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. CONTRACTOR shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. 3. The CONTRACTOR shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by COUNTY, the CONTRACTOR has given COUNTY a detailed written statement of each element of cost or other compensation 8 requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. Arbitration: Other than claims for injunctive relief brought by a party hereto (which may be brought either in court or pursuant to this arbitration provision), and consistent with the provisions hereinabove, any claim, dispute or controversy between the parties under, arising out of, or related to this CONTRACT or otherwise, including issues of specific performance, shall be determined by arbitration in Shelton, Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date hereof, as modified by this CONTRACT. There shall be one arbitrator selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this CONTRACT shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief(including specific performance), or any other remedy available from a judge, including expenses, costs and attorney fees to the prevailing party and pre-award interest, but shall not have the power to award punitive damages. The decision of the arbitrator shall be final and binding and an order confirming the award or judgment upon the award may be entered in any court having jurisdiction. The parties agree that the decision of the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the request of either party made not later than forty-five (45) days after the arbitration demand, the parties agree to submit the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided, that either party may decline to mediate and proceed with arbitration. Any arbitration proceeding commenced to enforce or interpret this CONTRACT shall be brought within six (6) years after the initial occurrence giving rise to the claim, dispute or issue for which arbitration is commenced, regardless of the date of discovery or whether the claim, dispute or issue was continuing in nature. Claims, disputes or issues arising more than six (6) years prior to a written request or demand for arbitration issued under this Agreement are not subject to arbitration. Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this CONTRACT, the venue of such action of litigation shall be in the courts of the State of Washington and Mason County. Unless otherwise specified herein, this CONTRACT shall be governed by the laws of Mason County and the State of Washington. Severability: If any term or condition of this CONTRACT or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this CONTRACT are declared severable. Waiver: Waiver of any breach or condition of this CONTRACT shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this CONTRACT shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of COUNTY to insist upon strict performance of any of the covenants of this CONTRACT, or to exercise any option herein conferred in any one or more instances, shall not be construed to be 9 a waiver or relinquishment of any such, or any other covenants or contracts, but the same shall be and remain in full force and effect. Order of Precedence: A. Applicable federal, state and county statutes, regulations, policies, procedures, federal Office of Management and Budget (OMB) circulars and federal and state executive orders. B. Funding source agreement(s) including attachments C. Exhibit C Insurance Requirements D. Special Conditions E. General Condition F. Exhibits A and B Entire Contract: This written CONTRACT, comprised of the writings signed or otherwise identified and attached hereto, represents the entire CONTRACT between the parties and supersedes any prior oral statements, discussions or understandings between the parties. IN WITNESS WHEREOF, COUNTY and CONTRACTOR have executed this CONTRACT as of the date and year last written below. MASON MATTERS BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON Mason Matters Board Member Randy Neatherlin, Chair Dated: Dated: APPROVED AS TO FORM: Tim Whitehead, Chief DPA 10 EXHIBIT A SCOPE OF SERVICES I. Monitoring the health status of the community through: A. Reviewing Community Health Assessments B. Collaborating on health priorities and Community Health Improvement Plan (CHIP) C. Reviewing Community Health Coalition and community agency project proposals that target CHIP priorities D. Fund community proposals and projects that meet CHIP criteria E. Annual Report demonstrating funding use 11 EXHIBIT B COMPENSATION A. Compensation: CONTRACTOR will be compensated in one lump amount so funding is available for Mason Matters operations and Request for Proposal (RFP) Funding B. Requests for Payment: 1. At a minimum the invoice is to include: performance period; date of submission; CONTRACTOR's name, remittance address and phone number; invoice total; and any additional applicable information. 2. Submit via e-mail or hard copy as preferred to: Casey Bingham, Finance Manager caseyb(cDco.mason.wa.us 3. Payment will be made to CONTRACTOR within thirty (30) days of the receipt of a complete and accurate invoice 4. Annual report will be due on January 15, of the month following the end of year. Reports will be sent electronically to: Casey Bingham, Fiscal Manager to caseyb(a-)masoncountywa.gov 12 EXHIBIT C INSURANCE REQUIREMENTS A. MINIMUM Insurance Requirements: 1. Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01, with an edition date prior to 2004, or the exact equivalent. Coverage for an additional insured shall not be limited to its vicarious liability. Defense costs must be paid in addition to limits. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. 2. Workers' Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits for CONTRACTOR's, with two (2) or more employees and/or volunteers, no less than $1,000,000 per accident for all covered losses. 3. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including owned, non-owned and hired autos, or the exact equivalent. Limits shall be no less than $1,000,000 per accident, combined single limit. If CONTRACTOR owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If CONTRACTOR or CONTRACTOR's employees will use personal autos in any way on this project, CONTRACTOR shall obtain evidence of personal auto liability coverage for each such person. B. Certificate of Insurance: A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to COUNTY within five (5) days of CONTRACT execution. C. Basic Stipulations: 1. CONTRACTOR agrees to endorse third party liability coverage required herein to include as additional insureds COUNTY, its officials, employees and agents, using ISO endorsement CG 20 10 with an edition date prior to 2004. CONTRACTOR also agrees to require all contractors, subcontractors, and anyone else involved in this CONTRACT on behalf of the CONTRACTOR (hereinafter"indemnifying parties") to comply with these provisions. 2. CONTRACTOR agrees to waive rights of recovery against COUNTY regardless of the applicability of any insurance proceeds, and to require all indemnifying parties to do likewise. 3. All insurance coverage maintained or procured by CONTRACTOR or required of others by CONTRACTOR pursuant to this CONTRACT shall be endorsed to delete the subrogation condition as to COUNTY, or must specifically allow the named insured to waive subrogation prior to a loss. 4. All coverage types and limits required are subject to approval, modification and additional requirements by COUNTY. CONTRACTOR shall not make any reductions in scope or limits of coverage that may affect COUNTY's protection without COUNTY's prior written consent. 5. CONTRACTOR agrees to provide evidence of the insurance required herein, satisfactory to COUNTY, consisting of: a) certificate(s) of insurance evidencing all of the coverages required and, b) an additional insured endorsement to CONTRACTOR's general liability policy using Insurance Services Office form CG 20 10 with an edition date prior to 2004. CONTRACTOR 13 agrees, upon request by COUNTY to provide complete, certified copies of any policies required within 10 days of such request. COUNTY has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests. Any premium so paid by COUNTY shall be charged to and promptly paid by CONTRACTOR or deducted from sums due CONTRACTOR. Any actual or alleged failure on the part of COUNTY or any other additional insured under these requirements to obtain proof of insurance required under this CONTRACT in no way waives any right or remedy of COUNTY or any additional insured, in this or in any other regard. 6. It is acknowledged by the parties of this CONTRACT that all insurance coverage required to be provided by CONTRACTOR or indemnifying party, is intended to apply first and on a primary non-contributing basis in relation to any other insurance or self-insurance available to COUNTY. 7. CONTRACTOR agrees not to self-insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self- insure its obligations to COUNTY. If CONTRACTOR's existing coverage includes a self- insured retention, the self-insured retention must be declared to the COUNTY. The COUNTY may review options with CONTRACTOR, which may include reduction or elimination of the self- insured retention, substitution of other coverage, or other solutions. 8. CONTRACTOR will renew the required coverage annually as long as COUNTY, or its employees or agents face an exposure from operations of any type pursuant to this CONTRACT. This obligation applies whether or not the CONTRACT is canceled or terminated for any reason. Termination of this obligation is not effective until COUNTY executes a written statement to that effect. 9. The limits of insurance as described above shall be considered as minimum requirements. Should any coverage carried by CONTRACTOR or a subcontractor of any tier maintain insurance with limits of liability that exceed the required limits or coverage that is broader than as outlined above, those higher limits and broader coverage shall be deemed to apply for the benefit of any person or organization included as an additional insured and those limits shall become the required minimum limits of insurance in all Paragraphs and Sections of this CONTRACT. 10. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to COUNTY and approved of in writing. 11. The requirements in this Exhibit supersede all other sections and provisions of this CONTRACT to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit. 12. Unless otherwise approved by COUNTY, insurance provided pursuant to these requirements shall be by insurers authorized to do business in Washington and with a minimum A.M. Best rating of A-:VII. 13. All insurance coverage and limits provided by CONTRACTOR and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this CONTRACT limits the application of such insurance coverage. 14. CONTRACTOR agrees require insurers, to provide notice to COUNTY thirty (30) days prior 14 to cancellation of such liability coverage or of any material alteration or non-renewal of any such coverage, other than for non-payment of premium. CONTRACTOR shall assure that this provision also applies to any subcontractors, joint ventures or any other party engaged by or on behalf of contractor in relation to this agreement. Certificate(s) are to reflect that the issuer will provide thirty (30) days' notice to COUNTY of any cancellation of coverage. 15. COUNTY reserves the right at any time during the term of the CONTRACT to change the amounts and types of insurance required by giving the CONTRACTOR ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the CONTRACTOR, the COUNTY and CONTRACTOR may renegotiate CONTRACTOR's compensation. 16. Requirements of specific coverage features are not intended as limitation on other requirements or as waiver of any coverage normally provided by any given policy. Specific reference to a coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all-inclusive. 17. CONTRACTOR agrees to provide immediate notice to COUNTY of any claim or loss against CONTRACTOR arising out of the work performed under this agreement. COUNTY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve COUNTY. 15 MASON COUNTY BRIEFING ITEM SUMMARY FORM To: Board of Mason County Commissioners From: Lydia Buchheit Department: Mason County Community Services- Ext: 404 MCPH Briefing Date: 1/24/2022 Previous Briefing Dates: 1/10/2022, 7/26/2022 If this is a follow-up briefing, lease provide only new information Internal Review (please check all that apply): ❑ Budget/Finance Human Resources ❑ Legal ❑ Information Technology ❑ Other — please explain Item: Mason County Behavioral Health and Recovery Support Transportation Program Executive Summary: (If applicable, please include available options and potential solutions) This transportation program will be set up to transport folks to services such as inpatient, detox, medical appointments, bus stations, UA's, jail re-entry, court dates and all other needed recovery support services necessary for recovery and wellness both in and out of Mason County. Program sustainability will be assessed after year one and multiple resources will be considered to support the program long-term. Budget Impact: Treatment Sales Tax- 11 year- $80,000 2"d year- $70,000 Total Ask- $150,000 Public Outreach: (Include any legal requirements, direct notice, website, community meetings, etc.) None Recommended/Requested Action: Offer sub-contracts to The Patty Wagon and Gethsemane Ministries Attachments: Proposed sub-contracts for The Patty Wagon and Gethsemane Ministries MASON COUNTY PROFESSIONAL SERVICES CONTRACT CONTRACT # THIS CONTRACT is made and entered into by and between Mason County, hereinafter referred to as "COUNTY" and Gethsemane Ministries , hereinafter referred to as "CONTRACTOR." Contracted Entity Gethsemane Ministries Address 220 East Misty Acres Lane City, State, Zip Code Union, WA 98592 Phone 360-898-2752 Primary Contact Name, Title Brian Hellenthal Primary Contact Phone & E- 360-851-5189 mail gethsemanehouse@gmail.com Contractor Fiscal Contact Brian Hellenthal Contractor Fiscal Phone & 360-851-5189 Email gethsemanehouse@gmail.com Washington State UBI# 603 014 211 Federal EIN 60-4657159 Total Award/Contract Value $70,000 Contract Term Duration February 1 st,2022 - December 31 st, 2023 County Contract Contact Lydia Buchheit, Community Health Manager County Contract Email & Lydiab@masoncountywa.gov 360-427-9670 ext.404 Phone County Fiscal Contact Casey Bingham, Fiscal Manager County Fiscal Email & Phone Caseyb@masoncountywa.gov 360-427-9670 ext. 562 PURPOSE The purpose of this contract/grant is to assist the COUNTY in the delivery of a pilot project, the Behavioral Health and Recovery Support Transportation program, with Mason County Community Services. COUNTY and CONTRACTOR, as defined above, acknowledge and accept the terms of this contract and EXHIBITS and have executed this contract on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this contract are governed by this contract including Special Conditions, General Terms and Conditions, Exhibits, and the following other documents incorporated by reference: RFP Application, instructions and disclosures. CONTRACTOR BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Gethsemane Ministries Authorized Signature Date Kevin Shutty, Chair Date APPROVED AS TO FORM: Tim Whitehead, Chief DPA Date Professional Services Contract Gethsemane Ministries 01/2022 Page 1 Special Conditions CONTRACTOR agrees to the following: The award of funds does not guarantee that the CONTRACTOR will receive funding if special conditions are not met. The following document requirements and must be received within 30 days of contract award starting date for the CONTRACTOR to submit an invoice and receive funding. 1. CONTRACT REQUIREMENTS to receive funding: a. Certificate of Insurance (see requirements Exhibit B) Funding Source: Treatment Sales Tax General Terms and Conditions Scope of Services: CONTRACTOR agrees to provide COUNTY all services and any materials as set forth as identified in Exhibit A SCOPE OF SERVICES, Housing RFP Application, instructions and disclosures during the CONTRACT period. No material, labor or facilities will be furnished by COUNTY, unless otherwise provided for in the CONTRACT. Term: Services provided by CONTRACTOR prior to or after the term of this CONTRACT shall be performed at the expense of CONTRACTOR and are not compensable under this CONTRACT unless both parties hereto agree to such provision in writing. The term of this CONTRACT may be extended by mutual consent of the parties; provided, however, that the CONTRACT is in writing and signed by both parties. Extension: The duration of this CONTRACT may be extended by mutual written consent of the parties, for a period of up to one year, and for a total of no longer than three years. Independent Contractor: CONTRACTOR's services shall be furnished by the CONTRACTOR as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer-employee. All payments made hereunder, and all services performed shall be made and performed pursuant to this CONTRACT by the CONTRACTOR as an independent contractor. CONTRACTOR acknowledges that the entire compensation for this CONTRACT is specified in Exhibit C-Budget, and the CONTRACTOR is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of COUNTY. The CONTRACTOR represents that he/she/it maintains a separate place of business, serves clients other than COUNTY, will report all income and expense accrued under this CONTRACT to the Internal Revenue Service, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. CONTRACTOR will be responsible for and will pay all taxes related to the receipt of payments from the COUNTY. CONTRACTOR will defend, indemnify and hold harmless COUNTY, its officers, agents or employees from any loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. Payment: Professional Services Contract Gethsemane Ministries 01/2022 Page 2 1 COUNTY will reimburse CONTRACTOR for actual expenditures incurred each month, according to the terms provided in EXHIBIT B, provided that CONTRACTOR performs the services and submits all reporting to a satisfactory level. Monthly expenditures will be reported using the template provided. Payment is on the assumption that State and local funds are available to the COUNTY for disbursement to the CONTRACTOR and have been expended and program requirements met, or earlier in the event of non-compliance. If State or local funds are not available to the COUNTY, the COUNTY reserves the right to amend the payment terms and the amount of the maximum contract total. The term of this CONTRACT begins on the Effective Date, and the CONTRACTOR agrees not to incur any expenses on the program using COUNTY funding prior to the effective date. The CONTRACT end date is June 30, 2021, or earlier in the event of non-compliance. Payment Information: CONTRACTOR agrees to complete or make sure a current Vendor Payment Form is on file providing the COUNTY with all information necessary to correctly issue such payments. If CONTRACTOR fails to provide such information in response to the COUNTY'S written request, then the COUNTY may withhold payments to CONTRACTOR until CONTRACTOR provides such information. Budget: CONTRACTOR further agrees that funds provided under this CONTRACT will be expended as specifically itemized line by line in the Budget provided in Exhibit C, and that CONTRACTOR will follow the Budget Amendment Process for quarterly expense transfers within a budget category (i.e. operations, administration, facilities support). Budget transfers will not be made unless approved by the COUNTY. Late requests will not be accepted. Duplicate Payment: The COUNTY shall not pay CONTRACTOR, if the CONTRACTOR has charged or will charge any other party under any other Grant, subgrant/subcontract, or agreement, for the same services or expenses. If it is determined that CONTRACTOR has received duplicate payment, the CONTRACTOR must pay back the COUNTY for these expenses. Recordkeeping: COTNRACTOR agrees to keep records in an easily read form sufficient to account for all receipts and expenditures of contract funds. These records, as well as supporting documentation, will be archived by the CONTRACTOR'S office for at least six (6) years after the end of the contract. CONTRACTOR agrees to make such books, records, and supporting documentation available to the COUNTY for inspection when requested. Accounting and Payment for CONTRACTOR Services: Payment to the CONTRACTOR for services rendered under this CONTRACT shall be as set forth in "Exhibit C BUDGET." Where Exhibit "C" requires payments by the COUNTY, payment shall be based upon written claims supported, unless otherwise provided in Exhibit "C," by documentation of units of work performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, to comply with municipal auditing requirements. Acceptable invoices will be processed within 30 days of receipt. Unless specifically stated in Exhibit "C" or approved in writing in advance by the official executing this CONTRACT for COUNTY or his or her designee (hereinafter referred to as the "Administrative Officer"). COUNTY will not reimburse the CONTRACTOR for any costs or expenses incurred by the CONTRACTOR in the performance of this CONTRACT. Where required, COUNTY shall, upon receipt of appropriate documentation, compensate the CONTRACTOR, no more often than monthly, in accordance with COUNTY's customary procedures. Reporting and Other Contract Requirements: CONTRACTOR agrees to submit program and expense reports, as well as perform all other requirements outlined in Exhibit A- on or before the dates indicated therein. The COUNTY reserves the Professional Services Contract Gethsemane Ministries 01/2022 Page 3 right to aggregate, disaggregate, analyze, reproduce, and/or disseminate the data provided in program reports, financial activity reports, or any other reports submitted to the COUNTY with respect to the program. Federal and State Benchmarks, Data Collection, and Evaluation: The Department of Housing and Urban Development (HUD) and the Department of Commerce may require additional reporting of programs and continuums of care directly or indirectly related to the funding awarded such as, but not limited to, Coordinated Entry, Data Quality, Data Timeliness, Housing Inventory Report, Annual Performance Report, Point in Time Count and System Performance Measures. CONTRACTOR agrees to participate in these evaluation efforts, meet individual benchmarks that contribute to the system and will fulfill the data collection and reporting requirements specified at the time of the request. It will be the obligation of the COUNTY representatives, CONTRACTOR and other contractors to provide protections and assurances regarding the confidentiality of data, samples of work (in any media format) and/or interview comments provided by participants. COTNRACTOR also agrees to provide the COUNTY with the results of any independent or self-directed evaluation or research undertaken in respect to the funded program. Withholding Payment: In the event the CONTRACTOR has failed to perform any obligation under this CONTRACT within the times set forth in this CONTRACT, then COUNTY may, upon written notice, withhold from amounts otherwise due and payable to CONTRACTOR, without penalty, until such failure to perform is cured or otherwise adjudicated. Withholding under this clause shall not be deemed a breach entitling CONTRACTOR to termination or damages, provided that COUNTY promptly gives notice in writing to the CONTRACTOR of the nature of the default or failure to perform, and in no case more than ten (10) days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the CONTRACTOR of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the CONTRACTOR acts within the times and in strict accord with the provisions of the Disputes clause of this CONTRACT. COUNTY may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the CONTRACT, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the CONTRACTOR, (3) to set off any amount so paid or incurred from amounts due or to become due the CONTRACTOR. In the event the CONTRACTOR obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to CONTRACTOR by reason of good faith withholding by COUNTY under this clause. Taxes: CONTRACTOR understands and acknowledges that COUNTY will not withhold Federal or State income taxes. Where required by State or Federal law, the CONTRACTOR authorizes COUNTY to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the CONTRACTOR will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the CONTRACTOR to make the necessary estimated tax payments throughout the year, if any, and the CONTRACTOR is solely liable for any tax obligation arising from the CONTRACTOR's performance of this CONTRACT. The CONTRACTOR hereby agrees to indemnify COUNTY against any demand to pay taxes arising from the CONTRACTOR's failure to pay taxes on compensation earned pursuant to this CONTRACT. COUNTY will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The CONTRACTOR must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the CONTRACTOR's gross or net income, or personal property to which COUNTY does not hold title. COUNTY is exempt from Federal Excise Tax. No Guarantee of Employment: The performance of all or part of this CONTRACT by the CONTRACTOR shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of Professional Services Contract Gethsemane Ministries 01/2022 Page 4 CONTRACTOR or any employee of CONTRACTOR or any sub-contractor or any employee of any sub- contractor by COUNTY now or in the future. Intellectual Property: COTNRACTOR shall retain all copyrights and other intellectual property rights to written work produced because of this award, including but not limited to, work product listed in SCOPE OF SERVICES. CONTRACTOR grants to COUNTY a nonexclusive, irrevocable, perpetual, and royalty-free license to access, reproduce, publish, copy, or otherwise use such written work. Program materials may be reproduced (but not morphed, amended, revised, or redesigned) by any other party, on a worldwide, non-exclusive basis and without fee in connection with their own educational or program purposes, but may not be used in connection with sales or distribution for profit. The owner must approve any use of project materials not specifically permitted under this provision, in advance and in writing. As appropriate, all materials shall contain an attribution of ownership. Third-Party Rights: CONTRACTOR warrants that written work product(s) produced under the terms of this CONTRACT will not infringe, misappropriate, or violate the rights of any third party, or incorporate or be derived from the intellectual property of any third party, without the COUNTY'S prior written consent. Termination for Default: If CONTRACTOR defaults by failing to perform any of the obligations of the CONTRACT or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, COUNTY may, by depositing written notice to CONTRACTOR in the U.S. mail, terminate the CONTRACT, and at COUNTY's option, obtain performance of the work elsewhere. If the CONTRACT is terminated for default, CONTRACTOR shall not be entitled to receive any further payments under the CONTRACT until all work called for has been fully performed. Any extra cost or damage to COUNTY resulting from such default(s) shall be deducted from any money due or coming due to CONTRACTOR. CONTRACTOR shall bear any extra expenses incurred by COUNTY in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by COUNTY by reason of such default. If a notice of termination for default has been issued and it is later determined for any reason that CONTRACTOR was not in default, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Public Convenience paragraph hereof. Termination for Public Convenience: COUNTY may terminate this CONTRACT in whole or in part whenever COUNTY determines, in its sole discretion, that such termination is in the interests of COUNTY. Whenever the CONTRACT is terminated in accordance with this paragraph, CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A-SCOPE OF SERVICES. An equitable adjustment in the CONTRACT price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this CONTRACT by COUNTY at any time during the term, whether for default or convenience, shall not constitute breach of CONTRACT by COUNTY. Termination for Reduced Funding: COUNTY may terminate this CONTRACT in whole or in part should COUNTY determine, in its sole discretion, that such termination is necessary due to a decrease in available project funding including State and/or Federal grants. Whenever the CONTRACT is terminated in accordance with this paragraph, the CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A Scope-of-Services and Exhibit B Compensation. Professional Services Contract Gethsemane Ministries 01/2022 Page 5 1 Disputes: 1. Differences between the CONTRACTOR and COUNTY, arising under and by virtue of the AGREEMENT shall be brought to the attention of COUNTY at the earliest possible time in order that such matters may be settled, or other appropriate action promptly taken. For objections that are not made in the manner specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. 2. The CONTRACTOR shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer of COUNTY, or (2) the happening of any event or occurrence, unless the CONTRACTOR has given COUNTY a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by COUNTY. The written Notice of Potential Claim shall set forth the reasons for which the CONTRACTOR believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. CONTRACTOR shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. 3. The CONTRACTOR shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by COUNTY, the CONTRACTOR has given COUNTY a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. Arbitration: Other than claims for injunctive relief brought by a party hereto (which may be brought either in court or pursuant to this arbitration provision), and consistent with the provisions hereinabove, any claim, dispute or controversy between the parties under, arising out of, or related to this CONTRACT or otherwise, including issues of specific performance, shall be determined by arbitration in Shelton, Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date hereof, as modified by this CONTRACT. There shall be one arbitrator selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this CONTRACT shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief(including specific performance), or any other remedy available from a judge, including expenses, costs and attorney fees to the prevailing party and pre-award interest, but shall not have the power to award punitive damages. The decision of the arbitrator shall be final and binding and an order confirming the award or judgment upon the award may be entered in any court having jurisdiction. The parties agree that the decision of the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the request of either party made not later than forty-five (45) days after the arbitration demand, the parties agree to submit the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided, that either party may decline to mediate and proceed with arbitration. Any arbitration proceeding commenced to enforce or interpret this CONTRACT shall be brought within six (6) years after the initial occurrence giving rise to the claim, dispute or issue for which arbitration is commenced, regardless of the date of discovery or whether the claim, dispute or issue was continuing in nature. Claims, disputes or issues arising more than six (6) years prior to a written request or demand for arbitration issued under this Agreement are not subject to arbitration. Change in Personnel The success of the approved program is largely contingent on the approved staffing identified in the proposal application and/or related to the final award amount and related services. Should there be any material change in job description, level of authority, or employment status of program staffing (or projected staff start dates for new programs) during the term of the CONTRACT, the COUNTY requires that the CONTRACTOR notify the COUNTY in writing within 15 days of the change and includes a Professional Services Contract Gethsemane Ministries 01/2022 Page 6 t staffing plan to minimize any disruption in services. CONTRACTOR will provide weekly updates after the written notice and plan until the staffing change is resolved. Labor Standards: CONTRACTOR agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis-Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and/or the State of Washington. Equipment Purchase, Maintenance, and Ownership The CONTRACTOR agrees that any depreciable equipment purchased, in whole or part, with contract funds at a cost of $1,000 per item or more, is upon its purchase the property of the COUNTY and will be used only for the program funded. The CONTRACTOR agrees to establish and maintain transaction documents (purchase requisitions, packing slips, invoices, receipts) and maintenance records of equipment purchased with Contract funds. The CONTRACTOR shall be responsible for any loss or damage to property of the COUNTY that results from the negligence of the contractor or that results from the failure on the part of the contractor to maintain and administer that property in accordance with sound management practices. In the case of Early Termination, the CONTRACTOR agrees that all such equipment will be returned to the COUNTY unless otherwise agreed upon in writing by the CONTRACTOR and the COUNTY. Assignment and Subcontracting: The performance of all activities contemplated by this CONTRACT shall be accomplished by CONTRACTOR. No portion of this CONTRACT may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of COUNTY. If subcontracting approved, CONTRACTOR is responsible to COUNTY should the subcontractor fail to comply with any applicable term or condition of this contract. CONTRACTOR shall audit and monitor the activities of the subcontractor during the contract term to assure fiscal conditions and performance metrics are met. COUNTY will be included on any audit or monitoring activities and reports. Conflict of Interest: If at any time prior to commencement of, or during the term of this CONTRACT, CONTRACTOR or any of its employees involved in the performance of this CONTRACT shall have or develop an interest in the subject matter of this CONTRACT that is potentially in conflict with the COUNTY's interest, then CONTRACTOR shall immediately notify COUNTY of the same. The notification of COUNTY shall be made with sufficient specificity to enable COUNTY to make an informed judgment as to whether or not COUNTY's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, COUNTY may require CONTRACTOR to take reasonable steps to remove the conflict of interest. COUNTY may also terminate this CONTRACT according to the provisions herein for termination. Non-Discrimination in Employment: COUNTY's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. CONTRACTOR shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which CONTRACTOR is governed by such laws, CONTRACTOR shall take affirmative action to insure that applicants are employed, and treated during employment, without Professional Services Contract Gethsemane Ministries 01/2022 Page 7 1 regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, CONTRACTOR shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The foregoing provisions shall also be binding upon any sub-contractor, provided that the foregoing provision shall not apply to contracts or sub-contractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. Non-Discrimination in Client Services: CONTRACTOR shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny an individual or business any service or benefits under this CONTRACT; or subject an individual or business to segregation or separate treatment in any manner related to his/her/its receipt any service or services or other benefits provided under this CONTRACT; or deny an individual or business an opportunity to participate in any program provided by this CONTRACT. Waiver of Noncompetition: CONTRACTOR irrevocably waives any existing rights which it may have, by contract or otherwise, to require another person or corporation to refrain from submitting a proposal to or performing work or providing supplies to COUNTY, and CONTRACTOR further promises that it will not in the future, directly or indirectly, induce or solicit any person or corporation to refrain from submitting a bid or proposal to or from performing work or providing supplies to COUNTY. Patent/Copyright Infringement: CONTRACTOR will defend and indemnify COUNTY from any claimed action, cause or demand brought against COUNTY; to the extent such action is based on the claim that information supplied by the CONTRACTOR infringes any patent or copyright. CONTRACTOR will pay those costs and damages attributable to any such claims that are finally awarded against COUNTY in any action. Such defense and payments are conditioned upon the following: A. CONTRACTOR shall be notified promptly in writing by COUNTY of any notice of such claim. B. CONTRACTOR shall have the right, hereunder, at its option and expense, to obtain for COUNTY the right to continue using the information, in the event such claim of infringement, is made, provided no reduction in performance or loss results to COUNTY. Confidentiality: CONTRACTOR, its employees, sub-contractors, and their employees shall maintain the confidentiality of all information provided by COUNTY or acquired by CONTRACTOR in performance of this CONTRACT, except upon the prior written consent of COUNTY or an order entered by a court after having acquired jurisdiction over COUNTY. CONTRACTOR shall immediately give to COUNTY notice of any judicial proceeding seeking disclosure of such information. CONTRACTOR shall indemnify and hold harmless COUNTY, its officials, agents or employees from all loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees and costs resulting from CONTRACTOR's breach of this provision. Right to Review: This CONTRACT is subject to review by any Federal, State or COUNTY auditor. COUNTY or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by COUNTY's Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on-site inspection by COUNTY agents or employees, inspection of all records or other materials which COUNTY deems pertinent to the CONTRACT and its performance, and any and all communications with Professional Services Contract Gethsemane Ministries 01/2022 Page 8 or evaluations by service recipients under this CONTRACT. CONTRACTOR shall preserve and maintain all financial records and records relating to the performance of work under this CONTRACT for six (6) years after CONTRACT termination, and shall make them available for such review, within Mason County, State of Washington, upon request. CONTRACTOR also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this CONTRACT. If no advance notice is given to CONTRACTOR, then CONTRACTOR agrees to notify the Administrative Officer as soon as it is practical. Insurance Requirements: At a minimum, CONTRACTOR shall provide insurance that meets or exceeds the requirements detailed in "Exhibit B-Insurance Requirements." Insurance as a Condition of Payment: Payments due to CONTRACTOR under this CONTRACT are expressly conditioned upon the CONTRACTOR's strict compliance with all insurance requirements under this CONTRACT. Payment to CONTRACTOR shall be suspended in the event of non-compliance. Upon receipt of evidence of full compliance, payments not otherwise subject to withholding or set-off will be released to CONTRACTOR. Industrial Insurance Waiver: With respect to the performance of this CONTRACT and as to claims against COUNTY, its officers, agents and employees, CONTRACTOR expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this CONTRACT extend to any claim brought by or on behalf of any employee of CONTRACTOR. This waiver is mutually negotiated by the parties to this CONTRACT. Contractor Commitments, Warranties and Representations: Any written commitment received from CONTRACTOR concerning this CONTRACT shall be binding upon CONTRACTOR, unless otherwise specifically provided herein with reference to this paragraph. Failure of CONTRACTOR to fulfill such a commitment shall render CONTRACTOR liable for damages to COUNTY. A commitment includes, but is not limited to, any representation made prior to execution of this CONTRACT, whether or not incorporated elsewhere herein by reference, as to performance of services or equipment, prices or options for future acquisition to remain in effect for a fixed period, or warranties. Defense and Indemnity Contract: Indemnification by CONTRACTOR. To the fullest extent permitted by law, CONTRACTOR agrees to indemnify, defend and hold COUNTY and its departments, elected and appointed officials, employees, agents and volunteers, harmless from and against any and all claims, damages, losses and expenses, including but not limited to court costs, attorney's fees and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property (including the loss of use resulting there from) which 1) are caused in whole or in part by any act or omission, negligent or otherwise, of the CONTRACTOR, its employees, agents or volunteers or CONTRACTOR's subcontractors and their employees, agents or volunteers; or 2) are directly or indirectly arising out of, resulting from, or in connection with performance of this CONTRACT; or 3) are based upon CONTRACTOR's or its subcontractors' use of, presence upon or proximity to the property of COUNTY. This indemnification obligation of CONTRACTOR shall not apply in the limited circumstance where the claim, damage, loss or expense is caused by the sole negligence of COUNTY. This indemnification obligation of the CONTRACTOR shall not be limited in any way by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and the CONTRACTOR hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of the CONTRACTOR are a Professional Services Contract Gethsemane Ministries 01/2022 Page 9 material inducement to COUNTY to enter into this CONTRACT, are reflected in CONTRACTOR's compensation, and have been mutually negotiated by the parties. Participation by County — No Waiver. COUNTY reserves the right, but not the obligation, to participate in the defense of any claim, damages, losses or expenses and such participation shall not constitute a waiver of CONTRACTOR's indemnity obligations under this CONTRACT. Survival of CONTRACTOR's Indemnity Obligations. CONTRACTOR agrees all CONTRACTOR'S indemnity obligations shall survive the completion, expiration or termination of this CONTRACT. Indemnity by Subcontractors. In the event the CONTRACTOR enters into subcontracts to the extent allowed under this CONTRACT, CONTRACTOR's subcontractors shall indemnify COUNTY on a basis equal to or exceeding CONTRACTOR's indemnity obligations to COUNTY. Compliance with Applicable Laws, Rules and Regulations: This CONTRACT shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, political subdivisions of the State of Washington and Mason County. CONTRACTOR also agrees to comply with applicable Federal, State, County or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. Conflict of Interest Notwithstanding, any determination by the Executive Ethics Board or other tribunal, the COUNTY may, in its sole discretion, by written notice to CONTRACTOR terminate this contract if it is found after due notice and examination by the COUNTY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW or any similar statute involving CONTRACTOR, or any activities performed pursuant to the contract. Unilateral Contract Changes The CONTRACTOR acknowledges that the COUNTY may correct typographical errors, numbering errors or other minor grammar or punctuation error without the need to amend the agreement. The CONTRACTOR shall be notified when any correction take place and will be provided with a corrected copy of the contract. Contract Monitoring and Program Review CONTRACTOR will permit Mason County staff to visit CONTRACTOR'S premises and review CONTRACTOR'S activities with respect to the program, and will permit the COUNTY at its own expense, to conduct an independent financial and/or programmatic audit of the expenditures related to this contract. Administration Contract: COUNTY hereby appoints, and CONTRACTOR hereby accepts, the Mason County's Community Services Director and his or her designee, as COUNTY's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this CONTRACT, including COUNTY's right to receive and act on all reports and documents, and any auditing performed by the COUNTY related to this CONTRACT. The Administrative Officer for purposes of this CONTRACT is: Lydia Buchheit, Community and Family Health & Human Services Manager Mason County Community Services 415 N. 6th Street Phone: 360-427-9670 Ext. 404 Fax: 360-427-7787 E-mail: LydiaB(cD-masoncountywa.gov Professional Services Contract Gethsemane Ministries O1/2022 Page 10 Financial Contact: Casey Bingham, Finance Manager Mason County Public Health and Human Services 415 N. 6th Street Phone: 360-427-9670 Ext. 562 Fax: 360-427-7787 E-mail: caseyb(aD-masoncountywa.gov Notice: Except as set forth elsewhere in the CONTRACT, for all purposes under this CONTRACT except service of process, notice shall be given by CONTRACTOR to COUNTY's Administrative Officer under this CONTRACT. Notices and other communication may be conducted via e-mail, U.S. mail, fax, hand-delivery or other generally accepted manner including delivery services. Modifications: Either party may request changes in the CONTRACT. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this CONTRACT, the venue of such action of litigation shall be in the courts of the State of Washington and Mason County. Unless otherwise specified herein, this CONTRACT shall be governed by the laws of Mason County and the State of Washington. Severability: If any term or condition of this CONTRACT or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this CONTRACT are declared severable. Waiver: Waiver of any breach or condition of this CONTRACT shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this CONTRACT shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of COUNTY to insist upon strict performance of any of the covenants of this CONTRACT, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or contracts, but the same shall be and remain in full force and effect. Order of Precedence: A. Applicable federal, state and county statutes, regulations, policies, procedures, federal Office of Management and Budget (OMB) circulars and federal and state executive orders. B. Special Conditions C. General Terms & Conditions D. Exhibit B Insurance Requirements E. Exhibits A, C F. Exhibit D-HCA Professional Services Contract#K4511 LEAD Pilot Site Development Entire Contract: This written CONTRACT, comprised of the writings signed or otherwise identified and attached hereto, represents the entire CONTRACT between the parties and supersedes any prior oral statements, discussions or understandings between the parties. Professional Services Contract Gethsemane Ministries 01/2022 Page 11 EXHIBIT A SCOPE OF SERVICE Program: Mason County Behavioral Health and Recovery Support Services Transportation Program Program Description: The Mason County Behavioral Health and Recovery Support transportation program is a low barrier/at- will service set up to transport folks needing to access resources such as inpatient, detox, medical appointments, bus stations, UA's, jail re-entry, court dates and all other needed recovery support services necessary for recovery and wellness. Program Expectations: Develop and implement a program that transports Mason County residents to appointments and bed dates to destinations outside of Mason County as well as, when appropriate, coordinate their transportation home. Performance/Reporting and Deliverables: All times and mileages will be annotated on a specified log and will be entered into a database daily. A monthly report titled "Mason County Behavioral Health and Recovery Support Program" will be submitted to Mason County Public Health at the end of each month. This form will specify the number of: • Individuals served • Miles traveled • Types of agencies coordinated with • Individual demographics. Professional Services Contract Gethsemane Ministries 01/2022 Page 12 1 1 EXHIBIT B INSURANCE REQUIREMENTS A. MINIMUM Insurance Requirements: 1. Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01, with an edition date prior to 2004, or the exact equivalent. Coverage for an additional insured shall not be limited to its vicarious liability. Defense costs must be paid in addition to limits. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. 2. Workers' Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits for CONTRACTOR's, with two (2) or more employees and/or volunteers, no less than $1,000,000 per accident for all covered losses. 3. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including owned, non-owned and hired autos, or the exact equivalent. Limits shall be no less than $5,000,000 per accident, combined single limit. If CONTRACTOR owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If CONTRACTOR or CONTRACTOR's employees will use personal autos in any way on this project, CONTRACTOR shall obtain evidence of personal auto liability coverage for each such person. B. Certificate of Insurance: A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to COUNTY within thirty (30) days of CONTRACT execution. C. Basic Stipulations: 1. CONTRACTOR agrees to endorse third party liability coverage required herein to include as additional insureds COUNTY, its officials, employees and agents, using ISO endorsement CG 20 10 with an edition date prior to 2004. CONTRACTOR also agrees to require all contractors, subcontractors, and anyone else involved in this CONTRACT on behalf of the CONTRACTOR (hereinafter"indemnifying parties") to comply with these provisions. 2. CONTRACTOR agrees to waive rights of recovery against COUNTY regardless of the applicability of any insurance proceeds, and to require all indemnifying parties to do likewise. 3. All insurance coverage maintained or procured by CONTRACTOR or required of others by CONTRACTOR pursuant to this CONTRACT shall be endorsed to delete the subrogation condition as to COUNTY or must specifically allow the named insured to waive subrogation prior to a loss. 4. All coverage types and limits required are subject to approval, modification and additional requirements by COUNTY. CONTRACTOR shall not make any reductions in scope or limits of coverage that may affect COUNTY's protection without COUNTY's prior written consent. 5. CONTRACTOR agrees to provide evidence of the insurance required herein, satisfactory to COUNTY, consisting of: a) certificate(s) of insurance evidencing all of the coverages required and, b) an additional insured endorsement to CONTRACTOR's general liability policy using Insurance Services Office form CG 20 10 with an edition date prior to 2004. CONTRACTOR agrees, upon request by COUNTY to provide complete, certified copies of any policies required within 10 days of such request. COUNTY has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests. Any premium so paid by COUNTY shall be charged to and promptly paid by CONTRACTOR or deducted from sums due CONTRACTOR. Any actual or alleged failure on the part of COUNTY or any other additional insured under these requirements to obtain proof of insurance required under this CONTRACT in no way waives any right or remedy of COUNTY or any additional insured, in this or in any other regard. Professional Services Contract Gethsemane Ministries 01/2022 Page 13 1 6. It is acknowledged by the parties of this CONTRACT that all insurance coverage required to be provided by CONTRACTOR or indemnifying party, is intended to apply first and on a primary non-contributing basis in relation to any other insurance or self-insurance available to COUNTY. 7. CONTRACTOR agrees not to self-insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self- insure its obligations to COUNTY. If CONTRACTOR's existing coverage includes a self-insured retention, the self- insured retention must be declared to the COUNTY. The COUNTY may review options with CONTRACTOR, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. 8. CONTRACTOR will renew the required coverage annually as long as COUNTY, or its employees or agents face an exposure from operations of any type pursuant to this CONTRACT. This obligation applies whether or not the CONTRACT is canceled or terminated for any reason. Termination of this obligation is not effective until COUNTY executes a written statement to that effect. 9. The limits of insurance as described above shall be considered as minimum requirements. Should any coverage carried by CONTRACTOR or a subcontractor of any tier maintain insurance with limits of liability that exceed the required limits or coverage that is broader than as outlined above, those higher limits and broader coverage shall be deemed to apply for the benefit of any person or organization included as an additional insured and those limits shall become the required minimum limits of insurance in all Paragraphs and Sections of this CONTRACT. 10. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to COUNTY and approved of in writing. 11. The requirements in this Exhibit supersede all other sections and provisions of this CONTRACT to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit. 12. Unless otherwise approved by COUNTY, insurance provided pursuant to these requirements shall be by insurers authorized to do business in Washington and with a minimum A.M. Best rating ofA:Vll. 13. All insurance coverage and limits provided by CONTRACTOR and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this CONTRACT limits the application of such insurance coverage. 14. CONTRACTOR agrees require insurers, to provide notice to COUNTY thirty (30) days prior to cancellation of such liability coverage or of any material alteration or non-renewal of any such coverage, other than for non-payment of premium. CONTRACTOR shall assure that this provision also applies to any subcontractors,joint ventures or any other party engaged by or on behalf of contractor in relation to this agreement. Certificate(s) are to reflect that the issuer will provide thirty (30) days' notice to COUNTY of any cancellation of coverage. 15. COUNTY reserves the right at any time during the term of the CONTRACT to change the amounts and types of insurance required by giving the CONTRACTOR ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the CONTRACTOR, the COUNTY and CONTRACTOR may renegotiate CONTRACTOR's compensation. 16. Requirements of specific coverage features are not intended as limitation on other requirements or as waiver of any coverage normally provided by any given policy. Specific reference to a coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all-inclusive. 17. CONTRACTOR agrees to provide immediate notice to COUNTY of any claim or loss against CONTRACTOR arising out of the work performed under this agreement. COUNTY assumes no obligation or liability by such notice but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve COUNTY. Professional Services Contract Gethsemane Ministries 01/2022 Page 14 1 EXHIBIT C BUDGET Submit monthly invoice request electronically to Stacey Ells at staceye(a)masoncountywa.gov and cc Casey Bingham caseyb@masoncountywa.gov Gethsemane Ministries Year 1 Van purchase $10,000 Operations year 1 $30,000 Maximum Contract Total $40,000 Gethsemane Ministries Year 2 Operations year 2 $30,000 Maximum Contract Total $30,000 *Year two funding shall depend on evaluation of year one performance. BH and Recovery Support Transportation Program will be in pilot phase until expectations are met, per Mason County. Payment: Funding will be disbursed upon submitting the program reports and expenditure invoice according to the vendor payment schedule of the County Assessor's Office. Invoices are paid providing the CONTRACTOR performs the services, all expenses are allowable, and submits all reporting to a satisfactory level. COUNTY will reimburse CONTRACTOR for actual expenditures incurred each month. Payment is considered timely when paid within thirty days from the date the invoice was approved. Professional Services Contract Gethsemane Ministries 01/2022 Page 15 1 MASON COUNTY PROFESSIONAL SERVICES CONTRACT CONTRACT # THIS CONTRACT is made and entered into by and between Mason County, hereinafter referred to as "COUNTY" and The Patty Wagon , hereinafter referred to as "CONTRACTOR." Contracted Entity The Patty Wagon Address 581 SE Fireweed Road City, State, Zip Code Shelton WA., 98584 Phone 360-427-0202 Primary Contact Name, Title Patricia Perry Primary Contact Phone & E- 360-490-5081 mail thepaftywagon@rocketmail.com Contractor Fiscal Contact Lisa Contractor Fiscal Phone & 228-365-1379 Email thepaftywagon@rocketmail.com Washington State UBI# 603-184-646 Federal EIN 45-5463265 Total Award/Contract Value $80,000 Contract Term Duration February 1 st,2022 - December 31 st, 2023 County Contract Contact Lydia Buchheit, Community Health Manager County Contract Email & Lydiab@masoncountywa.gov 360-427-9670 ext.404 Phone County Fiscal Contact Casey Bingham, Fiscal Manager County Fiscal Email & Phone Caseyb@masoncountywas.gov 360-427-9670 ext. 562 PURPOSE The purpose of this contract/grant is to assist the COUNTY in the delivery of a pilot project, the Behavioral Health and Recovery Support Transportation program, with Mason County Community Services. COUNTY and CONTRACTOR, as defined above, acknowledge and accept the terms of this contract and EXHIBITS and have executed this contract on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this contract are governed by this contract including Special Conditions, General Terms and Conditions, Exhibits, and the following other documents incorporated by reference: RFP Application, instructions and disclosures. CONTRACTOR BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON The Patty Wagon Authorized Signature Date Kevin Shutty, Chair Date APPROVED AS TO FORM: Professional Services Contract The Patty Wagon 01/2022 Page 1 t Tim Whitehead, Chief DPA Date Special Conditions CONTRACTOR agrees to the following: The award of funds does not guarantee that the CONTRACTOR will receive funding if special conditions are not met. The following document requirements and must be received within 30 days of contract award starting date for the CONTRACTOR to submit an invoice and receive funding. 1. CONTRACT REQUIREMENTS to receive funding: a. Certificate of Insurance (see requirements Exhibit B) Funding Source: Treatment Sales Tax General Terms and Conditions Scope of Services: CONTRACTOR agrees to provide COUNTY all services and any materials as set forth as identified in Exhibit A SCOPE OF SERVICES, Housing RFP Application, instructions and disclosures during the CONTRACT period. No material, labor or facilities will be furnished by COUNTY, unless otherwise provided for in the CONTRACT. Term: Services provided by CONTRACTOR prior to or after the term of this CONTRACT shall be performed at the expense of CONTRACTOR and are not compensable under this CONTRACT unless both parties hereto agree to such provision in writing. The term of this CONTRACT may be extended by mutual consent of the parties; provided, however, that the CONTRACT is in writing and signed by both parties. Extension: The duration of this CONTRACT may be extended by mutual written consent of the parties, for a period of up to one year, and for a total of no longer than three years. Independent Contractor: CONTRACTOR's services shall be furnished by the CONTRACTOR as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer-employee. All payments made hereunder, and all services performed shall be made and performed pursuant to this CONTRACT by the CONTRACTOR as an independent contractor. CONTRACTOR acknowledges that the entire compensation for this CONTRACT is specified in Exhibit C-Budget, and the CONTRACTOR is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of COUNTY. The CONTRACTOR represents that he/she/it maintains a separate place of business, serves clients other than COUNTY, will report all income and expense accrued under this CONTRACT to the Internal Revenue Service, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. CONTRACTOR will be responsible for and will pay all taxes related to the receipt of payments from the COUNTY. CONTRACTOR will defend, indemnify and hold harmless COUNTY, its officers, agents or employees from any loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. Payment: Professional Services Contract The Patty Wagon 01/2022 Page 2 COUNTY will reimburse CONTRACTOR for actual expenditures incurred each month, according to the terms provided in EXHIBIT B, provided that CONTRACTOR performs the services and submits all reporting to a satisfactory level. Monthly expenditures will be reported using the template provided. Payment is on the assumption that State and local funds are available to the COUNTY for disbursement to the CONTRACTOR and have been expended and program requirements met, or earlier in the event of non-compliance. If State or local funds are not available to the COUNTY, the COUNTY reserves the right to amend the payment terms and the amount of the maximum contract total. The term of this CONTRACT begins on the Effective Date, and the CONTRACTOR agrees not to incur any expenses on the program using COUNTY funding prior to the effective date. The CONTRACT end date is June 30, 2021, or earlier in the event of non-compliance. Payment Information: CONTRACTOR agrees to complete or make sure a current Vendor Payment Form is on file providing the COUNTY with all information necessary to correctly issue such payments. If CONTRACTOR fails to provide such information in response to the COUNTY'S written request, then the COUNTY may withhold payments to CONTRACTOR until CONTRACTOR provides such information. Budget: CONTRACTOR further agrees that funds provided under this CONTRACT will be expended as specifically itemized line by line in the Budget provided in Exhibit C, and that CONTRACTOR will follow the Budget Amendment Process for quarterly expense transfers within a budget category (i.e. operations, administration, facilities support). Budget transfers will not be made unless approved by the COUNTY. Late requests will not be accepted. Duplicate Payment: The COUNTY shall not pay CONTRACTOR, if the CONTRACTOR has charged or will charge any other party under any other Grant, subgrant/subcontract, or agreement, for the same services or expenses. If it is determined that CONTRACTOR has received duplicate payment, the CONTRACTOR must pay back the COUNTY for these expenses. Recordkeeping: COTNRACTOR agrees to keep records in an easily read form sufficient to account for all receipts and expenditures of contract funds. These records, as well as supporting documentation, will be archived by the CONTRACTOR'S office for at least six (6) years after the end of the contract. CONTRACTOR agrees to make such books, records, and supporting documentation available to the COUNTY for inspection when requested. Accounting and Payment for CONTRACTOR Services: Payment to the CONTRACTOR for services rendered under this CONTRACT shall be as set forth in "Exhibit C BUDGET." Where Exhibit "C" requires payments by the COUNTY, payment shall be based upon written claims supported, unless otherwise provided in Exhibit "C," by documentation of units of work performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, to comply with municipal auditing requirements. Acceptable invoices will be processed within 30 days of receipt. Unless specifically stated in Exhibit "C" or approved in writing in advance by the official executing this CONTRACT for COUNTY or his or her designee (hereinafter referred to as the "Administrative Officer"). COUNTY will not reimburse the CONTRACTOR for any costs or expenses incurred by the CONTRACTOR in the performance of this CONTRACT. Where required, COUNTY shall, upon receipt of appropriate documentation, compensate the CONTRACTOR, no more often than monthly, in accordance with COUNTY's customary procedures. Reporting and Other Contract Requirements: CONTRACTOR agrees to submit program and expense reports, as well as perform all other requirements outlined in Exhibit A- on or before the dates indicated therein. The COUNTY reserves the Professional Services Contract The Patty Wagon 01/2022 Page 3 right to aggregate, disaggregate, analyze, reproduce, and/or disseminate the data provided in program reports, financial activity reports, or any other reports submitted to the COUNTY with respect to the program. Federal and State Benchmarks, Data Collection, and Evaluation: The Department of Housing and Urban Development (HUD) and the Department of Commerce may require additional reporting of programs and continuums of care directly or indirectly related to the funding awarded such as, but not limited to, Coordinated Entry, Data Quality, Data Timeliness, Housing Inventory Report, Annual Performance Report, Point in Time Count and System Performance Measures. CONTRACTOR agrees to participate in these evaluation efforts, meet individual benchmarks that contribute to the system and will fulfill the data collection and reporting requirements specified at the time of the request. It will be the obligation of the COUNTY representatives, CONTRACTOR and other contractors to provide protections and assurances regarding the confidentiality of data, samples of work (in any media format) and/or interview comments provided by participants. COTNRACTOR also agrees to provide the COUNTY with the results of any independent or self-directed evaluation or research undertaken in respect to the funded program. Withholding Payment: In the event the CONTRACTOR has failed to perform any obligation under this CONTRACT within the times set forth in this CONTRACT, then COUNTY may, upon written notice, withhold from amounts otherwise due and payable to CONTRACTOR, without penalty, until such failure to perform is cured or otherwise adjudicated. Withholding under this clause shall not be deemed a breach entitling CONTRACTOR to termination or damages, provided that COUNTY promptly gives notice in writing to the CONTRACTOR of the nature of the default or failure to perform, and in no case more than ten (10) days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the CONTRACTOR of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the CONTRACTOR acts within the times and in strict accord with the provisions of the Disputes clause of this CONTRACT. COUNTY may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the CONTRACT, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the CONTRACTOR, (3) to set off any amount so paid or incurred from amounts due or to become due the CONTRACTOR. In the event the CONTRACTOR obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to CONTRACTOR by reason of good faith withholding by COUNTY under this clause. Taxes: CONTRACTOR understands and acknowledges that COUNTY will not withhold Federal or State income taxes. Where required by State or Federal law, the CONTRACTOR authorizes COUNTY to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the CONTRACTOR will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the CONTRACTOR to make the necessary estimated tax payments throughout the year, if any, and the CONTRACTOR is solely liable for any tax obligation arising from the CONTRACTOR's performance of this CONTRACT. The CONTRACTOR hereby agrees to indemnify COUNTY against any demand to pay taxes arising from the CONTRACTOR's failure to pay taxes on compensation earned pursuant to this CONTRACT. COUNTY will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The CONTRACTOR must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the CONTRACTOR's gross or net income, or personal property to which COUNTY does not hold title. COUNTY is exempt from Federal Excise Tax. No Guarantee of Employment: The performance of all or part of this CONTRACT by the CONTRACTOR shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of Professional Services Contract The Patty Wagon O1/2022 Page 4 CONTRACTOR or any employee of CONTRACTOR or any sub-contractor or any employee of any sub- contractor by COUNTY now or in the future. Intellectual Property: COTNRACTOR shall retain all copyrights and other intellectual property rights to written work produced because of this award, including but not limited to, work product listed in SCOPE OF SERVICES. CONTRACTOR grants to COUNTY a nonexclusive, irrevocable, perpetual, and royalty-free license to access, reproduce, publish, copy, or otherwise use such written work. Program materials may be reproduced (but not morphed, amended, revised, or redesigned) by any other party, on a worldwide, non-exclusive basis and without fee in connection with their own educational or program purposes, but may not be used in connection with sales or distribution for profit. The owner must approve any use of project materials not specifically permitted under this provision, in advance and in writing. As appropriate, all materials shall contain an attribution of ownership. Third-Party Rights: CONTRACTOR warrants that written work product(s) produced under the terms of this CONTRACT will not infringe, misappropriate, or violate the rights of any third party, or incorporate or be derived from the intellectual property of any third party, without the COUNTY'S prior written consent. Termination for Default: If CONTRACTOR defaults by failing to perform any of the obligations of the CONTRACT or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, COUNTY may, by depositing written notice to CONTRACTOR in the U.S. mail, terminate the CONTRACT, and at COUNTY's option, obtain performance of the work elsewhere. If the CONTRACT is terminated for default, CONTRACTOR shall not be entitled to receive any further payments under the CONTRACT until all work called for has been fully performed. Any extra cost or damage to COUNTY resulting from such default(s) shall be deducted from any money due or coming due to CONTRACTOR. CONTRACTOR shall bear any extra expenses incurred by COUNTY in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by COUNTY by reason of such default. If a notice of termination for default has been issued and it is later determined for any reason that CONTRACTOR was not in default, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Public Convenience paragraph hereof. Termination for Public Convenience: COUNTY may terminate this CONTRACT in whole or in part whenever COUNTY determines, in its sole discretion, that such termination is in the interests of COUNTY. Whenever the CONTRACT is terminated in accordance with this paragraph, CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A-SCOPE OF SERVICES. An equitable adjustment in the CONTRACT price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this CONTRACT by COUNTY at any time during the term, whether for default or convenience, shall not constitute breach of CONTRACT by COUNTY. Termination for Reduced Funding: COUNTY may terminate this CONTRACT in whole or in part should COUNTY determine, in its sole discretion, that such termination is necessary due to a decrease in available project funding including State and/or Federal grants. Whenever the CONTRACT is terminated in accordance with this paragraph, the CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A Scope-of-Services and Exhibit B Compensation. Professional Services Contract The Patty Wagon 01/2022 Page 5 Disputes: 1. Differences between the CONTRACTOR and COUNTY, arising under and by virtue of the AGREEMENT shall be brought to the attention of COUNTY at the earliest possible time in order that such matters may be settled, or other appropriate action promptly taken. For objections that are not made in the manner specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. 2. The CONTRACTOR shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer of COUNTY, or (2) the happening of any event or occurrence, unless the CONTRACTOR has given COUNTY a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by COUNTY. The written Notice of Potential Claim shall set forth the reasons for which the CONTRACTOR believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. CONTRACTOR shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. 3. The CONTRACTOR shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by COUNTY, the CONTRACTOR has given COUNTY a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. Arbitration: Other than claims for injunctive relief brought by a party hereto (which may be brought either in court or pursuant to this arbitration provision), and consistent with the provisions hereinabove, any claim, dispute or controversy between the parties under, arising out of, or related to this CONTRACT or otherwise, including issues of specific performance, shall be determined by arbitration in Shelton, Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date hereof, as modified by this CONTRACT. There shall be one arbitrator selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this CONTRACT shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief (including specific performance), or any other remedy available from a judge, including expenses, costs and attorney fees to the prevailing party and pre-award interest, but shall not have the power to award punitive damages. The decision of the arbitrator shall be final and binding and an order confirming the award or judgment upon the award may be entered in any court having jurisdiction. The parties agree that the decision of the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the request of either party made not later than forty-five (45) days after the arbitration demand, the parties agree to submit the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided, that either party may decline to mediate and proceed with arbitration. Any arbitration proceeding commenced to enforce or interpret this CONTRACT shall be brought within six (6) years after the initial occurrence giving rise to the claim, dispute or issue for which arbitration is commenced, regardless of the date of discovery or whether the claim, dispute or issue was continuing in nature. Claims, disputes or issues arising more than six (6) years prior to a written request or demand for arbitration issued under this Agreement are not subject to arbitration. Change in Personnel The success of the approved program is largely contingent on the approved staffing identified in the proposal application and/or related to the final award amount and related services. Should there be any material change in job description, level of authority, or employment status of program staffing (or projected staff start dates for new programs) during the term of the CONTRACT, the COUNTY requires that the CONTRACTOR notify the COUNTY in writing within 15 days of the change and includes a Professional Services Contract The Patty Wagon O1/2022 Page 6 staffing plan to minimize any disruption in services. CONTRACTOR will provide weekly updates after the written notice and plan until the staffing change is resolved. Labor Standards: CONTRACTOR agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis-Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and/or the State of Washington. Equipment Purchase, Maintenance, and Ownership The CONTRACTOR agrees that any depreciable equipment purchased, in whole or part, with contract funds at a cost of$1,000 per item or more, is upon its purchase the property of the COUNTY and will be used only for the program funded. The CONTRACTOR agrees to establish and maintain transaction documents (purchase requisitions, packing slips, invoices, receipts) and maintenance records of equipment purchased with Contract funds. The CONTRACTOR shall be responsible for any loss or damage to property of the COUNTY that results from the negligence of the contractor or that results from the failure on the part of the contractor to maintain and administer that property in accordance with sound management practices. In the case of Early Termination, the CONTRACTOR agrees that all such equipment will be returned to the COUNTY unless otherwise agreed upon in writing by the CONTRACTOR and the COUNTY. Assignment and Subcontracting: The performance of all activities contemplated by this CONTRACT shall be accomplished by CONTRACTOR. No portion of this CONTRACT may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of COUNTY. If subcontracting approved, CONTRACTOR is responsible to COUNTY should the subcontractor fail to comply with any applicable term or condition of this contract. CONTRACTOR shall audit and monitor the activities of the subcontractor during the contract term to assure fiscal conditions and performance metrics are met. COUNTY will be included on any audit or monitoring activities and reports. Conflict of Interest: If at any time prior to commencement of, or during the term of this CONTRACT, CONTRACTOR or any of its employees involved in the performance of this CONTRACT shall have or develop an interest in the subject matter of this CONTRACT that is potentially in conflict with the COUNTY's interest, then CONTRACTOR shall immediately notify COUNTY of the same. The notification of COUNTY shall be made with sufficient specificity to enable COUNTY to make an informed judgment as to whether or not COUNTY's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, COUNTY may require CONTRACTOR to take reasonable steps to remove the conflict of interest. COUNTY may also terminate this CONTRACT according to the provisions herein for termination. Non-Discrimination in Employment: COUNTY's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. CONTRACTOR shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which CONTRACTOR is governed by such laws, CONTRACTOR shall take affirmative action to insure that applicants are employed, and treated during employment, without Professional Services Contract The Patty Wagon 01/2022 Page 7 regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, CONTRACTOR shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The foregoing provisions shall also be binding upon any sub-contractor, provided that the foregoing provision shall not apply to contracts or sub-contractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. Non-Discrimination in Client Services: CONTRACTOR shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny an individual or business any service or benefits under this CONTRACT; or subject an individual or business to segregation or separate treatment in any manner related to his/her/its receipt any service or services or other benefits provided under this CONTRACT; or deny an individual or business an opportunity to participate in any program provided by this CONTRACT. Waiver of Noncompetition: CONTRACTOR irrevocably waives any existing rights which it may have, by contract or otherwise, to require another person or corporation to refrain from submitting a proposal to or performing work or providing supplies to COUNTY, and CONTRACTOR further promises that it will not in the future, directly or indirectly, induce or solicit any person or corporation to refrain from submitting a bid or proposal to or from performing work or providing supplies to COUNTY. Patent/Copyright Infringement: CONTRACTOR will defend and indemnify COUNTY from any claimed action, cause or demand brought against COUNTY; to the extent such action is based on the claim that information supplied by the CONTRACTOR infringes any patent or copyright. CONTRACTOR will pay those costs and damages attributable to any such claims that are finally awarded against COUNTY in any action. Such defense and payments are conditioned upon the following: A. CONTRACTOR shall be notified promptly in writing by COUNTY of any notice of such claim. B. CONTRACTOR shall have the right, hereunder, at its option and expense, to obtain for COUNTY the right to continue using the information, in the event such claim of infringement, is made, provided no reduction in performance or loss results to COUNTY. Confidentiality: CONTRACTOR, its employees, sub-contractors, and their employees shall maintain the confidentiality of all information provided by COUNTY or acquired by CONTRACTOR in performance of this CONTRACT, except upon the prior written consent of COUNTY or an order entered by a court after having acquired jurisdiction over COUNTY. CONTRACTOR shall immediately give to COUNTY notice of any judicial proceeding seeking disclosure of such information. CONTRACTOR shall indemnify and hold harmless COUNTY, its officials, agents or employees from all loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees and costs resulting from CONTRACTOR's breach of this provision. Right to Review: This CONTRACT is subject to review by any Federal, State or COUNTY auditor. COUNTY or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by COUNTY's Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on-site inspection by COUNTY agents or employees, inspection of all records or other materials which COUNTY deems pertinent to the CONTRACT and its performance, and any and all communications with Professional Services Contract The Patty Wagon 01/2022 Page 8 or evaluations by service recipients under this CONTRACT. CONTRACTOR shall preserve and maintain all financial records and records relating to the performance of work under this CONTRACT for six (6) years after CONTRACT termination, and shall make them available for such review, within Mason County, State of Washington, upon request. CONTRACTOR also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this CONTRACT. If no advance notice is given to CONTRACTOR, then CONTRACTOR agrees to notify the Administrative Officer as soon as it is practical. Insurance Requirements: At a minimum, CONTRACTOR shall provide insurance that meets or exceeds the requirements detailed in "Exhibit B-Insurance Requirements." Insurance as a Condition of Payment: Payments due to CONTRACTOR under this CONTRACT are expressly conditioned upon the CONTRACTOR's strict compliance with all insurance requirements under this CONTRACT. Payment to CONTRACTOR shall be suspended in the event of non-compliance. Upon receipt of evidence of full compliance, payments not otherwise subject to withholding or set-off will be released to CONTRACTOR. Industrial Insurance Waiver: With respect to the performance of this CONTRACT and as to claims against COUNTY, its officers, agents and employees, CONTRACTOR expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this CONTRACT extend to any claim brought by or on behalf of any employee of CONTRACTOR. This waiver is mutually negotiated by the parties to this CONTRACT. Contractor Commitments, Warranties and Representations: Any written commitment received from CONTRACTOR concerning this CONTRACT shall be binding upon CONTRACTOR, unless otherwise specifically provided herein with reference to this paragraph. Failure of CONTRACTOR to fulfill such a commitment shall render CONTRACTOR liable for damages to COUNTY. A commitment includes, but is not limited to, any representation made prior to execution of this CONTRACT, whether or not incorporated elsewhere herein by reference, as to performance of services or equipment, prices or options for future acquisition to remain in effect for a fixed period, or warranties. Defense and Indemnity Contract: Indemnification by CONTRACTOR. To the fullest extent permitted by law, CONTRACTOR agrees to indemnify, defend and hold COUNTY and its departments, elected and appointed officials, employees, agents and volunteers, harmless from and against any and all claims, damages, losses and expenses, including but not limited to court costs, attorney's fees and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property (including the loss of use resulting there from) which 1) are caused in whole or in part by any act or omission, negligent or otherwise, of the CONTRACTOR, its employees, agents or volunteers or CONTRACTOR's subcontractors and their employees, agents or volunteers; or 2) are directly or indirectly arising out of, resulting from, or in connection with performance of this CONTRACT; or 3) are based upon CONTRACTOR's or its subcontractors' use of, presence upon or proximity to the property of COUNTY. This indemnification obligation of CONTRACTOR shall not apply in the limited circumstance where the claim, damage, loss or expense is caused by the sole negligence of COUNTY. This indemnification obligation of the CONTRACTOR shall not be limited in any way by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and the CONTRACTOR hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of the CONTRACTOR are a Professional Services Contract The Patty Wagon 01/2022 Page 9 material inducement to COUNTY to enter into this CONTRACT, are reflected in CONTRACTOR's compensation, and have been mutually negotiated by the parties. Participation by County — No Waiver. COUNTY reserves the right, but not the obligation, to participate in the defense of any claim, damages, losses or expenses and such participation shall not constitute a waiver of CONTRACTOR's indemnity obligations under this CONTRACT. Survival of CONTRACTOR's Indemnity Obligations. CONTRACTOR agrees all CONTRACTOR'S indemnity obligations shall survive the completion, expiration or termination of this CONTRACT. Indemnity by Subcontractors. In the event the CONTRACTOR enters into subcontracts to the extent allowed under this CONTRACT, CONTRACTOR's subcontractors shall indemnify COUNTY on a basis equal to or exceeding CONTRACTOR's indemnity obligations to COUNTY. Compliance with Applicable Laws, Rules and Regulations: This CONTRACT shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, political subdivisions of the State of Washington and Mason County. CONTRACTOR also agrees to comply with applicable Federal, State, County or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. Conflict of Interest Notwithstanding, any determination by the Executive Ethics Board or other tribunal, the COUNTY may, in its sole discretion, by written notice to CONTRACTOR terminate this contract if it is found after due notice and examination by the COUNTY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW or any similar statute involving CONTRACTOR, or any activities performed pursuant to the contract. Unilateral Contract Changes The CONTRACTOR acknowledges that the COUNTY may correct typographical errors, numbering errors or other minor grammar or punctuation error without the need to amend the agreement. The CONTRACTOR shall be notified when any correction take place and will be provided with a corrected copy of the contract. Contract Monitoring and Program Review CONTRACTOR will permit Mason County staff to visit CONTRACTOR'S premises and review CONTRACTOR'S activities with respect to the program, and will permit the COUNTY at its own expense, to conduct an independent financial and/or programmatic audit of the expenditures related to this contract. Administration Contract: COUNTY hereby appoints, and CONTRACTOR hereby accepts, the Mason County's Community Services Director and his or her designee, as COUNTY's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this CONTRACT, including COUNTY's right to receive and act on all reports and documents, and any auditing performed by the COUNTY related to this CONTRACT. The Administrative Officer for purposes of this CONTRACT is: Lydia Buchheit, Community and Family Health & Human Services Manager Mason County Community Services 415 N. 6th Street Phone: 360-427-9670 Ext. 404 Fax: 360-427-7787 E-mail: Lydia B(a)-masoncountywa.gov Professional Services Contract The Patty Wagon 01/2022 Page 10 Financial Contact: Casey Bingham, Finance Manager Mason County Public Health and Human Services 415 N. 6th Street Phone: 360-427-9670 Ext. 562 Fax: 360-427-7787 E-mail: caseyb(omasoncountywa.gov Notice: Except as set forth elsewhere in the CONTRACT, for all purposes under this CONTRACT except service of process, notice shall be given by CONTRACTOR to COUNTY's Administrative Officer under this CONTRACT. Notices and other communication may be conducted via e-mail, U.S. mail, fax, hand-delivery or other generally accepted manner including delivery services. Modifications: Either party may request changes in the CONTRACT. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this CONTRACT, the venue of such action of litigation shall be in the courts of the State of Washington and Mason County. Unless otherwise specified herein, this CONTRACT shall be governed by the laws of Mason County and the State of Washington. Severability: If any term or condition of this CONTRACT or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this CONTRACT are declared severable. Waiver: Waiver of any breach or condition of this CONTRACT shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this CONTRACT shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of COUNTY to insist upon strict performance of any of the covenants of this CONTRACT, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or contracts, but the same shall be and remain in full force and effect. Order of Precedence: A. Applicable federal, state and county statutes, regulations, policies, procedures, federal Office of Management and Budget (OMB) circulars and federal and state executive orders. B. Special Conditions C. General Terms & Conditions D. Exhibit B Insurance Requirements E. Exhibits A, C F. Exhibit D-HCA Professional Services Contract#K4511 LEAD Pilot Site Development Entire Contract: This written CONTRACT, comprised of the writings signed or otherwise identified and attached hereto, represents the entire CONTRACT between the parties and supersedes any prior oral statements, discussions or understandings between the parties. Professional Services Contract The Patty Wagon 01/2022 Page 11 EXHIBIT A SCOPE OF SERVICE Program: Mason County Behavioral Health and Recovery Support Services Transportation Program Program Description: The Mason County Behavioral Health and Recovery Support transportation program is a low barrier/at- will service set up to transport folks needing to access resources such as inpatient, detox, medical appointments, bus stations, UA's, jail re-entry, court dates and all other needed recovery support services necessary for recovery and wellness. Program Expectations: Develop and implement a program that transports Mason County residents to appointments and services within Mason County as well as, when appropriate, coordinate their transportation home. Performance/Reporting and Deliverables: All times and mileages will be annotated on a specified log and will be entered into a database daily. A monthly report titled "Mason County Behavioral Health and Recovery Support Program" will be submitted to Mason County Public Health at the end of each month. This form will specify the number of: • Individuals served • Miles traveled • Types of agencies coordinated with • Individual demographics. Professional Services Contract The Patty Wagon 01/2022 Page 12 EXHIBIT B INSURANCE REQUIREMENTS A. MINIMUM Insurance Requirements: 1. Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01, with an edition date prior to 2004, or the exact equivalent. Coverage for an additional insured shall not be limited to its vicarious liability. Defense costs must be paid in addition to limits. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. 2. Workers' Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits for CONTRACTOR's, with two (2) or more employees and/or volunteers, no less than $1,000,000 per accident for all covered losses. 3. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including owned, non-owned and hired autos, or the exact equivalent. Limits shall be no less than $5,000,000 per accident, combined single limit. If CONTRACTOR owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If CONTRACTOR or CONTRACTOR's employees will use personal autos in any way on this project, CONTRACTOR shall obtain evidence of personal auto liability coverage for each such person. B. Certificate of Insurance: A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to COUNTY within thirty (30) days of CONTRACT execution. C. Basic Stipulations: 1. CONTRACTOR agrees to endorse third party liability coverage required herein to include as additional insureds COUNTY, its officials, employees and agents, using ISO endorsement CG 20 10 with an edition date prior to 2004. CONTRACTOR also agrees to require all contractors, subcontractors, and anyone else involved in this CONTRACT on behalf of the CONTRACTOR (hereinafter"indemnifying parties") to comply with these provisions. 2. CONTRACTOR agrees to waive rights of recovery against COUNTY regardless of the applicability of any insurance proceeds, and to require all indemnifying parties to do likewise. 3. All insurance coverage maintained or procured by CONTRACTOR or required of others by CONTRACTOR pursuant to this CONTRACT shall be endorsed to delete the subrogation condition as to COUNTY or must specifically allow the named insured to waive subrogation prior to a loss. 4. All coverage types and limits required are subject to approval, modification and additional requirements by COUNTY. CONTRACTOR shall not make any reductions in scope or limits of coverage that may affect COUNTY's protection without COUNTY's prior written consent. 5. CONTRACTOR agrees to provide evidence of the insurance required herein, satisfactory to COUNTY, consisting of: a) certificate(s) of insurance evidencing all of the coverages required and, b) an additional insured endorsement to CONTRACTOR's general liability policy using Insurance Services Office form CG 20 10 with an edition date prior to 2004. CONTRACTOR agrees, upon request by COUNTY to provide complete, certified copies of any policies required within 10 days of such request. COUNTY has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests. Any premium so paid by COUNTY shall be charged to and promptly paid by CONTRACTOR or deducted from sums due CONTRACTOR. Any actual or alleged failure on the part of COUNTY or any other additional insured under these requirements to obtain proof of insurance required under this CONTRACT in no way waives any right or remedy of COUNTY or any additional insured, in this or in any other regard. Professional Services Contract The Patty Wagon 01/2022 Page 13 t 6. It is acknowledged by the parties of this CONTRACT that all insurance coverage required to be provided by CONTRACTOR or indemnifying party, is intended to apply first and on a primary non-contributing basis in relation to any other insurance or self-insurance available to COUNTY. 7. CONTRACTOR agrees not to self-insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self- insure its obligations to COUNTY. If CONTRACTOR's existing coverage includes a self-insured retention, the self- insured retention must be declared to the COUNTY. The COUNTY may review options with CONTRACTOR, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. 8. CONTRACTOR will renew the required coverage annually as long as COUNTY, or its employees or agents face an exposure from operations of any type pursuant to this CONTRACT. This obligation applies whether or not the CONTRACT is canceled or terminated for any reason. Termination of this obligation is not effective until COUNTY executes a written statement to that effect. 9. The limits of insurance as described above shall be considered as minimum requirements. Should any coverage carried by CONTRACTOR or a subcontractor of any tier maintain insurance with limits of liability that exceed the required limits or coverage that is broader than as outlined above, those higher limits and broader coverage shall be deemed to apply for the benefit of any person or organization included as an additional insured and those limits shall become the required minimum limits of insurance in all Paragraphs and Sections of this CONTRACT. 10. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to COUNTY and approved of in writing. 11. The requirements in this Exhibit supersede all other sections and provisions of this CONTRACT to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit. 12. Unless otherwise approved by COUNTY, insurance provided pursuant to these requirements shall be by insurers authorized to do business in Washington and with a minimum A.M. Best rating of A:VII. 13. All insurance coverage and limits provided by CONTRACTOR and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this CONTRACT limits the application of such insurance coverage. 14. CONTRACTOR agrees require insurers, to provide notice to COUNTY thirty (30) days prior to cancellation of such liability coverage or of any material alteration or non-renewal of any such coverage, other than for non-payment of premium. CONTRACTOR shall assure that this provision also applies to any subcontractors,joint ventures or any other party engaged by or on behalf of contractor in relation to this agreement. Certificate(s) are to reflect that the issuer will provide thirty (30) days' notice to COUNTY of any cancellation of coverage. 15. COUNTY reserves the right at any time during the term of the CONTRACT to change the amounts and types of insurance required by giving the CONTRACTOR ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the CONTRACTOR, the COUNTY and CONTRACTOR may renegotiate CONTRACTOR's compensation. 16. Requirements of specific coverage features are not intended as limitation on other requirements or as waiver of any coverage normally provided by any given policy. Specific reference to a coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all-inclusive. 17. CONTRACTOR agrees to provide immediate notice to COUNTY of any claim or loss against CONTRACTOR arising out of the work performed under this agreement. COUNTY assumes no obligation or liability by such notice but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve COUNTY. Professional Services Contract The Patty Wagon 01/2022 Page 14 EXHIBIT C BUDGET Submit monthly invoice request electronically to Stacey Ells at staceye(c_masoncountywa.gov and cc Casey Bingham caseyb@masoncountywa.gov The Patty Wagon Year 1 Operations year 1 $40,000 Maximum Contract Total $40,000 The Patty Wagon Year 2 Operations year 2 $40,000 Maximum Contract Total $40,000 *Year two funding shall depend on evaluation of year one performance. BH and Recovery Support Transportation Program will be in pilot phase until expectations are met, per Mason County. Payment: Funding will be disbursed upon submitting the program reports and expenditure invoice according to the vendor payment schedule of the County Assessor's Office. Invoices are paid providing the CONTRACTOR performs the services, all expenses are allowable, and submits all reporting to a satisfactory level. COUNTY will reimburse CONTRACTOR for actual expenditures incurred each month. Payment is considered timely when paid within thirty days from the date the invoice was approved. Professional Services Contract The Patty Wagon 01/2022 Page 15 1 ' MASON COUNTY BRIEFING ITEM SUMMARY FORM To: Board of Mason County Commissioners From: Lydia Buchheit Department: Mason County Community Services- Ext: 404 MCPH Briefing Date: 1/24/2022 Previous Briefing Dates: 06/2020 If this is a follow-up briefing, lease provide only new information Internal Review (please check all that apply): ❑ Budget/Finance ❑ Human Resources 1-1 Legal ❑ Information Technology ❑ Other — please explain Item: Mason County LEAD subcontract Olympic Health and Recovery Services (OHRS) Executive Summary: (If applicable, please include available options and potential solutions) Olympic Health and Recovery Services will operate as the Behavioral Health Agency for Mason County's Law Enforcement Assisted Diversion (LEAD) program coordinated by Mason County Community Services-Public Health Division (MCPH). The program will divert willing individuals known to commit offenses related to behavioral health conditions including substance use disorder, to social service providers in lieu of jail booking and prosecution, and will coordinate filed cases with individual intervention plans formulated by LEAD case managers in consultation with program participants. Budget Impact: $700,000, which will be provided by the HCA contract K5736 Public Outreach: (Include any legal requirements, direct notice, website, community meetings, etc.) None Recommended/Requested Action: Move to action agenda Attachments: LEAD sub-contract MASON COUNTY PROFESSIONAL SERVICES CONTRACT CONTRACT # THIS CONTRACT is made and entered into by and between Mason County, hereinafter referred to as "COUNTY" and Olympic Health and Recovery Services (OHRS) , hereinafter referred to as "CONTRACTOR." Contracted Entity Olympic Health and Recovery Services Address 612 Woodland Square Loop SE City, State, Zip Code Lacey, WA 98503 Phone 360-763-5828 Prima Contact Name, Title Joe Avalos Primary Contact Phone & E- 360-819-3305 mail .oe.avalos tmbho.or Contractor Fiscal Contact Tara Smith Contractor Fiscal Phone & 360-763-5809 Email tara.smith@tmbho.org Washington State UBI# 603-569-721 Federal EIN 47-5326968 Total Award/Contract Value $700,000 Contract Term Duration Janua 1st,2022 - June 30t", 2023 County Contract Contact Lydia Buchheit, Community Health Manager County Contract Email & Lydiab(a masoncountywa.gov 360-427-9670 ext.404 Phone County Fiscal Contact Casey Bingham, Fiscal Manager County Fiscal Email & Phone Caseyb an mason countywa.gov 360-427-9670 ext. 562 PURPOSE The purpose of this contract/grant is to assist the COUNTY in the delivery the Law Enforcement Assisted Diversion prc Qrarn which shall adhere to Law Enforcement Assist Diversion core principles with funding from the HeA 'Care Authority contract K5736 with Mason County Community Services. COUNTY and CONTRACT as defined above, acknowledge and accept the terms of this contract and EXHIS and have ex& d this contract on the date below to start as of the date and year referenced .: e. The rights and obligations of both parties to this contract are governed by this contract inclu' Special Conditions, General Terms and Conditions, Exhibits, and the following other documents incorporated by reference: RFP Application, instructions and disclosures. CONTRACTOR BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Olympic Health and Recovery Services Authorized Signature Date Kevin Shutty, Chair Date Joe Avalos, Administrator APPROVED AS TO FORM: Tim Whitehead, Chief DPA Date 1 Professional Services Contract, Olympic Health & Recovery Services January 2022 Special Conditions CONTRACTOR agrees to the following: The award of funds does not guarantee that the CONTRACTOR will receive funding if special conditions are not met. The following document requirements and must be received within 30 days of contract award starting date for the CONTRACTOR to submit an invoice and receive funding. 1. CONTRACT REQUIREMENTS to receive funding: a. Certificate of Insurance (see requirements Exhibit B) Funding Source: Health Care Authority Contract K5736 with Mason County Community Services: General State Funds & Substance Abuse Block Grant General Terms and Conditions Scope of Services: CONTRACTOR agrees to provide COUNTY all services and any materials as set forth as identified in Exhibit A SCOPE OF SERVICES, Housing RFP Application, instructions and disclosures during the CONTRACT period. No material, labor or facilities will be furnished by COUNTY, unless otherwise provided for in the CONTRACT. Term: Services provided by CONTRACTOR prior to or after the term of this CONTRACT shall be performed at the expense of CONTRACTOR and are not compensable under this CONTRACT unless both parties hereto agree to such provision in writing. The term of this CONTRACT may be extended by mutual consent of the parties; provided, however, that the CONTRACT is in writing and signed by both parties. Extension: The duration of this CONTRACT may be extended by mutual written consent of the parties, for a period of up to one year, and for a total of no longer than three years. Independent Contractor: CONTRACTOR's services shall be furnished by the CONTRACTOR as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer-employee. All payments made hereunder, and all services performed shall be made and performed pursuant to this CONTRACT by the CONTRACTOR as an independent contractor. CONTRACTOR acknowledges that the entire compensation for this CONTRACT is specified in Exhibit C-Budget, and the CONTRACTOR is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of COUNTY. The CONTRACTOR represents that he/she/it maintains a separate place of business, serves clients other than COUNTY, will report all income and expense accrued under this CONTRACT to the Internal Revenue Service, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. CONTRACTOR will be responsible for and will pay all taxes related to the receipt of payments from the COUNTY. CONTRACTOR will defend, indemnify and hold harmless COUNTY, its officers, agents or employees from any loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. Payment: COUNTY will reimburse CONTRACTOR for actual expenditures incurred each month, according to the terms provided in EXHIBIT B, provided that CONTRACTOR performs the services and submits all 2 Professional Services Contract, Olympic Health & Recovery Services January 2022 reporting to a satisfactory level. Monthly expenditures will be reported using the template provided. Payment is on the assumption that State and local funds are available to the COUNTY for disbursement to the CONTRACTOR and have been expended and program requirements met, or earlier in the event of non-compliance. If State or local funds are not available to the COUNTY, the COUNTY reserves the right to amend the payment terms and the amount of the maximum contract total. The term of this CONTRACT begins on the Effective Date, and the CONTRACTOR agrees not to incur any expenses on the program using COUNTY funding prior to the effective date. The CONTRACT end date is June 30, 2021, or earlier in the event of non-compliance. Payment Information: CONTRACTOR agrees to complete or make sure a current Vendor Payment Form is on file providing the COUNTY with all information necessary to correctly issue such payments. If CONTRACTOR fails to provide such information in response to the COUNTY'S written request. then the COUNTY may withhold payments to CONTRACTOR until CONTRACTOR provides such information. Budget: CONTRACTOR further agrees that funds provided under this CONTRACT will be expended as specifically itemized line by line in the Budget provided in Exhibit C, and that CONTRACTOR will follow the Budget Amendment Process for quarterly expense transfers within a budget category (i.e. operations, administration, facilities support). Budget transfers will not be made unless approved by the COUNTY. Late requests will not be accepted. Duplicate Payment: The COUNTY shall not pay CONTRACTOR, if the CONTRACTOR has charged or will charge any other party under any other Grant, subgrant/subcontract, or agreement, for the same services or expenses. If it is determined that CONTRACTOR has received duplicate payment, the CONTRACTOR must pay back the COUNTY for these expenses. Recordkeeping: COTNRACTOR agrees to keep records in an easily read form sufficient to account for all receipts and expenditures of contract funds. These records, as well as supporting documentation, will be archived by the CONTRACTOR'S office for at least six (6) years after the end of the contract. CONTRACTOR agrees to make such books, records, and supporting documentation available to the COUNTY for inspection when requested. Accounting and Payment for CONTRACTOR Services: Payment to the CONTRACTOR for services rendered under this CONTRACT shall be as set forth in "Exhibit C BUDGET." Where Exhibit "C" requires payments by the COUNTY, payment shall be based upon written claims supported, unless otherwise provided in Exhibit "C," by documentation of units of work performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, to comply with municipal auditing requirements. Acceptable invoices will be processed within 30 days of receipt. Unless specifically stated in Exhibit "C" or approved in writing in advance by the official executing this CONTRACT for COUNTY or his or her designee (hereinafter referred to as the "Administrative Officer"). COUNTY will not reimburse the CONTRACTOR for any costs or expenses incurred by the CONTRACTOR in the performance of this CONTRACT. Where required, COUNTY shall, upon receipt of appropriate documentation, compensate the CONTRACTOR, no more often than monthly, in accordance with COUNTY's customary procedures. Reporting and Other Contract Requirements: CONTRACTOR agrees to submit program and expense reports, as well as perform all other requirements outlined in Exhibit A- on or before the dates indicated therein. The COUNTY reserves the right to aggregate, disaggregate, analyze, reproduce, and/or disseminate the data provided in program 3 Professional Services Contract, Olympic Health & Recovery Services January 2022 reports, financial activity reports, or any other reports submitted to the COUNTY with respect to the program. Federal and State Benchmarks, Data Collection, and Evaluation: The Department of Housing and Urban Development (HUD) and the Department of Commerce may require additional reporting of programs and continuums of care directly or indirectly related to the funding awarded such as, but not limited to, Coordinated Entry, Data Quality, Data Timeliness, Housing Inventory Report, Annual Performance Report, Point in Time Count and System Performance Measures. CONTRACTOR agrees to participate in these evaluation efforts, meet individual benchmarks that contribute to the system and will fulfill the data collection and reporting requirements specified at the time of the request. It will be the obligation of the COUNTY representatives, CONTRACTOR and other contractors to provide protections and assurances regarding the confidentiality of data, samples of work (in any media format) and/or interview comments provided by participants. COTNRACTOR also agrees to provide the COUNTY with the results of any independent or self-directed evaluation or research undertaken in respect to the funded program. Withholding Payment: In the event the CONTRACTOR has failed to perform any obligation under this CONTRACT within the times set forth in this CONTRACT, then COUNTY may, upon written notice, withhold from amounts otherwise due and payable to CONTRACTOR, without penalty, until such failure to perform is cured or otherwise adjudicated. Withholding under this clause shall not be deemed a breach entitling CONTRACTOR to termination or damages, provided that COUNTY promptly gives notice in writing to the CONTRACTOR of the nature of the default or failure to perform, and in no case more than ten (10) days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the CONTRACTOR of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the CONTRACTOR acts within the times and in strict accord with the provisions of the Disputes clause of this CONTRACT. COUNTY may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the CONTRACT, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the CONTRACTOR, (3) to set off any amount so paid or incurred from amounts due or to become due the CONTRACTOR. In the event the CONTRACTOR obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to CONTRACTOR by reason of good faith withholding by COUNTY under this clause. Taxes: CONTRACTOR understands and acknowledges that COUNTY will not withhold Federal or State income taxes. Where required by State or Federal law, the CONTRACTOR authorizes COUNTY to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the CONTRACTOR will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the CONTRACTOR to make the necessary estimated tax payments throughout the year, if any, and the CONTRACTOR is solely liable for any tax obligation arising from the CONTRACTOR's performance of this CONTRACT. The CONTRACTOR hereby agrees to indemnify COUNTY against any demand to pay taxes arising from the CONTRACTOR's failure to pay taxes on compensation earned pursuant to this CONTRACT. COUNTY will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The CONTRACTOR must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the CONTRACTOR's gross or net income, or personal property to which COUNTY does not hold title. COUNTY is exempt from Federal Excise Tax. No Guarantee of Employment: The performance of all or part of this CONTRACT by the CONTRACTOR shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of 4 Professional Services Contract, Olympic Health & Recovery Services January 2022 CONTRACTOR or any employee of CONTRACTOR or any sub-contractor or any employee of any sub- contractor by COUNTY now or in the future. Intellectual Property: COTNRACTOR shall retain all copyrights and other intellectual property rights to written work produced because of this award, including but not limited to, work product listed in SCOPE OF SERVICES. CONTRACTOR grants to COUNTY a nonexclusive, irrevocable, perpetual, and royalty-free license to access, reproduce, publish, copy, or otherwise use such written work. Program materials may be reproduced (but not morphed, amended, revised, or redesigned) by any other party, on a worldwide, non-exclusive basis and without fee in connection with their own educational or program purposes, but may not be used in connection with sales or distribution for profit. The owner must approve any use of project materials not specifically permitted under this provision, in advance and in writing. As appropriate, all materials shall contain an attribution of ownership. Third-Party Rights: CONTRACTOR warrants that written work product(s) produced under the terms of this CONTRACT will not infringe, misappropriate, or violate the rights of any third party, or incorporate or be derived from the intellectual property of any third party, without the COUNTY'S prior written consent. Termination for Default: If CONTRACTOR defaults by failing to perform any of the obligations of the CONTRACT or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, COUNTY may, by depositing written notice to CONTRACTOR in the U.S. mail, terminate the CONTRACT, and at COUNTY's option, obtain performance of the work elsewhere. If the CONTRACT is terminated for default, CONTRACTOR shall not be entitled to receive any further payments under the CONTRACT until all work called for has been fully performed. Any extra cost or damage to COUNTY resulting from such default(s) shall be deducted from any money due or coming due to CONTRACTOR. CONTRACTOR shall bear any extra expenses incurred by COUNTY in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by COUNTY by reason of such default. If a notice of termination for default has been issued and it is later determined for any reason that CONTRACTOR was not in default. the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Public Convenience paragraph hereof. Termination for Public Convenience: COUNTY may terminate this CONTRACT in whole or in part whenever COUNTY determines, in its sole discretion, that such termination is in the interests of COUNTY. Whenever the CONTRACT is terminated in accordance with this paragraph, CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A-SCOPE OF SERVICES. An equitable adjustment in the CONTRACT price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this CONTRACT by COUNTY at any time during the term, whether for default or convenience, shall not constitute breach of CONTRACT by COUNTY. Termination for Reduced Funding: COUNTY may terminate this CONTRACT in whole or in part should COUNTY determine, in its sole discretion, that such termination is necessary due to a decrease in available project funding including State and/or Federal grants. Whenever the CONTRACT is terminated in accordance with this paragraph, the CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A Scope-of-Services and Exhibit B Compensation. J Professional Services Contract, Olympic Health & Recovery Services January 2022 Disputes: 1. Differences between the CONTRACTOR and COUNTY, arising under and by virtue of the AGREEMENT shall be brought to the attention of COUNTY at the earliest possible time in order that such matters may be settled, or other appropriate action promptly taken. For objections that are not made in the manner specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. 2. The CONTRACTOR shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer of COUNTY, or (2) the happening of any event or occurrence, unless the CONTRACTOR has given COUNTY a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by COUNTY. The written Notice of Potential Claim shall set forth the reasons for which the CONTRACTOR believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of tl ;potential claim. CONTRACTOR shall keep full and complete daily records of the work performed;j or and material used, and all costs and additional time claimed to be additional. 3. The CONTRACTOR shall not be entitled to claim any suc ldifl compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by COUNTY, the CONTRACTOR has give COUNTY a detailed written statement of each element of cost or other compensation requested and of elements of additional time required, and copies of any supporting documents evidencing the amour*the extension of time claimed to be due. Arbitration: Other than claims for injunctive relief btou" by a party hereto (which may be brought either in court or pursuant to this arbitration provision), and'oonsistent with the provisions hereinabove, any claim, dispute or controversy between the parties under, arising out of, or related to this CONTRACT or otherwise, including issues of specific performance, shal[be d6teiri00pqd by arbitration in Shelton, Washington, under the applicable American Arbitration Association (AAA, ,rules in effect on the date hereof, as modified by this CONTRACT. There shall be one-arbstrato selec'ed by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or y r group )ng similar credentials. Any issue about whether a claim is covered by this CONTRACT shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award', rijunctive relief, equitable relief(including specific performance), or any other remedy available from a jige, including expenses, costs and attorney fees to the preva past and pre-award interest, but shall riot have the power to award punitive damages. The decision d the arb�r shall be final and binding and an order confirming the award or judgment upon the award may be 6M d in any court having jurisdiction. The parties agree that the decision of the arbitratot�hall be the s44tnd exclusive remedy between them regarding any dispute presented or pled before th arbitrator. At the request of either party made not later than forty-five (45) days after the arbitration demand, the parties agree to submit the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided, that either party may decline to mediate and proceed with arbitration. Any arbitration proceeds" rn mertced to enforce or interpret this CONTRACT shall be brought within six (6) years after the initia ence giving rise to the claim, dispute or issue for which arbitration is commenced, regardless of thate of discovery or whether the claim, dispute or issue was continuing in nature. Claims, disputes or issues arising more than six (6) years prior to a written request or demand for arbitration issued under this Agreement are not subject to arbitration. Change in Personnel The success of the approved program is largely contingent on the approved staffing identified in the proposal application and/or related to the final award amount and related services. Should there be any material change in job description, level of authority, or employment status of program staffing (or projected staff start dates for new programs) during the term of the CONTRACT, the COUNTY requires that the CONTRACTOR notify the COUNTY in writing within 15 days of the change and includes a 6 Professional Services Contract, Olympic Health& Recovery Services January 2022 staffing plan to minimize any disruption in services. CONTRACTOR will provide weekly updates after the written notice and plan until the staffing change is resolved. Labor Standards: CONTRACTOR agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis-Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and/or the State of Washington. Equipment Purchase, Maintenance, and Ownership The CONTRACTOR agrees that any depreciable equipment purchased, in whole or part, with contract funds at a cost of $1,000 per item or more, is upon its purchase the property of the COUNTY and will be used only for the program funded. The CONTRACTOR agrees to establish and maintain transaction documents (purchase requisitions, packing slips, invoices, receipts) and maintenance records of equipment purchased with Contract funds. The CONTRACTOR shall be responsible for any loss or damage to property of the COUNTY that results from the negligence of the contractor or that results from the failure on the part of the contractor to maintain and administer that property in accordance with sound management practices. In the case of Early Termination, the CONTRACTOR agrees that all such equipment will be returned to the COUNTY unless otherwise agreed upon in writing by the CONTRACTOR and the COUNTY. Assignment and Subcontracting: The performance of all activities contemplated by this CONTRACT shall be accomplished by CONTRACTOR. No portion of this CONTRACT may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of COUNTY. If subcontracting approved, CONTRACTOR is responsible to COUNTY should the subcontractor fail to comply with any applicable term or condition of this contract. CONTRACTOR shall audit and monitor the activities of the subcontractor during the contract term to assure fiscal conditions and performance metrics are met. COUNTY will be included on any audit or monitoring activities and reports. Conflict of Interest: If at any time prior to commencement of, or during the term of this CONTRACT, CONTRACTOR or any of its employees involved in the performance of this CONTRACT shall have or develop an interest in the subject matter of this CONTRACT that is potentially in conflict with the COUNTY's interest, then CONTRACTOR shall immediately notify COUNTY of the same. The notification of COUNTY shall be made with sufficient specificity to enable COUNTY to make an informed judgment as to whether or not COUNTY's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter. COUNTY may require CONTRACTOR to take reasonable steps to remove the conflict of interest. COUNTY may also terminate this CONTRACT according to the provisions herein for termination. Non-Discrimination in Employment: COUNTY's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. CONTRACTOR shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which CONTRACTOR is governed by such laws, CONTRACTOR shall take affirmative action to insure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, 7 Professional Services Contract, Olympic Health & Recovery Services January 2022 disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits. selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, CONTRACTOR shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The foregoing provisions shall also be binding upon any sub-contractor, provided that the foregoing provision shall not apply to contracts or sub-contractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. Non-Discrimination in Client Services: CONTRACTOR shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny an individual or business any service or benefits under this CONTRACT; or subject an individual or business to segregation or separate treatment in any manner related to his/her/its receipt any service or services or other benefits provided under this CONTRACT, or deny an individual or business an opportunity to participate in any program provided by this CONTRACT. Waiver of Noncompetition: CONTRACTOR irrevocably waives any existing rights which it may have, by contract or otherwise, to require another person or corporation to refrain from submitting a proposal to or performing work or providing supplies to COUNTY, and CONTRACTOR further promises that it will not in the future, directly or indirectly, induce or solicit any person or corporation to refrain from submitting a bid or proposal to or from performing work or providing supplies to COUNTY. Patent/Copyright Infringement: CONTRACTOR will defend and indemnify COUNTY from any claimed action, cause or demand brought against COUNTY; to the extent such action is based on the claim that information supplied by the CONTRACTOR infringes any patent or copyright. CONTRACTOR will pay those costs and damages attributable to any such claims that are finally awarded against COUNTY in any action. Such defense and payments are conditioned upon the following: A. CONTRACTOR shall be notified promptly in writing by COUNTY of any notice of such claim. B. CONTRACTOR shall have the right, hereunder, at its option and expense, to obtain for COUNTY the right to continue using the information, in the event such claim of infringement, is made, provided no reduction in performance or loss results to COUNTY. Confidentiality: CONTRACTOR, its employees, sub-contractors, and their employees shall maintain the confidentiality of all information provided by COUNTY or acquired by CONTRACTOR in performance of this CONTRACT, except upon the prior written consent of COUNTY or an order entered by a court after having acquired jurisdiction over COUNTY. CONTRACTOR shall immediately give to COUNTY notice of any judicial proceeding seeking disclosure of such information. CONTRACTOR shall indemnify and hold harmless COUNTY, its officials, agents or employees from all loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees and costs resulting from CONTRACTOR's breach of this provision. Right to Review: This CONTRACT is subject to review by any Federal, State or COUNTY auditor. COUNTY or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by COUNTY's Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on-site inspection by COUNTY agents or employees, inspection of all records or other materials which COUNTY deems pertinent to the CONTRACT and its performance, and any and all communications with or evaluations by service recipients under this CONTRACT. CONTRACTOR shall preserve and 8 Professional Services Contract, Olympic Health & Recovery Services January 2022 maintain all financial records and records relating to the performance of work under this CONTRACT for six (6) years after CONTRACT termination, and shall make them available for such review, within Mason County, State of Washington, upon request. CONTRACTOR also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this CONTRACT. If no advance notice is given to CONTRACTOR, then CONTRACTOR agrees to notify the Administrative Officer as soon as it is practical. Insurance Requirements: At a minimum, CONTRACTOR shall provide insurance that meets or exceeds the requirements detailed in "Exhibit B-Insurance Requirements." Insurance as a Condition of Payment: Payments due to CONTRACTOR under this CONTRACT are expressly conditioned upon the CONTRACTOR's strict compliance with all insurance requirements under this CONTRACT. Payment to CONTRACTOR shall be suspended in the event of non-compliance. Upon receipt of evidence of full compliance, payments not otherwise subject to withholding or set-off will be released to CONTRACTOR. Industrial Insurance Waiver: With respect to the performance of this CONTRACT and as to claims against COUNTY, its officers, agents and employees, CONTRACTOR expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this CONTRACT extend to any claim brought by or on behalf of any employee of CONTRACTOR. This waiver is mutually negotiated by the parties to this CONTRACT. Contractor Commitments, Warranties and Representations: Any written commitment received from CONTRACTOR concerning this CONTRACT shall be binding upon CONTRACTOR, unless otherwise specifically provided herein with reference to this paragraph. Failure of CONTRACTOR to fulfill such a commitment shall render CONTRACTOR liable for damages to COUNTY. A commitment includes, but is not limited to, any representation made prior to execution of this CONTRACT, whether or not incorporated elsewhere herein by reference, as to performance of services or equipment, prices or options for future acquisition to remain in effect for a fixed period, or warranties. Defense and Indemnity Contract: Indemnification by CONTRACTOR. To the fullest extent permitted by law, CONTRACTOR agrees to indemnify, defend and hold COUNTY and its departments, elected and appointed officials, employees, agents and volunteers, harmless from and against any and all claims, damages, losses and expenses, including but not limited to court costs, attorney's fees and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property (including the loss of use resulting there from) which 1) are caused in whole or in part by any act or omission, negligent or otherwise, of the CONTRACTOR, its employees, agents or volunteers or CONTRACTOR's subcontractors and their employees, agents or volunteers; or 2) are directly or indirectly arising out of, resulting from, or in connection with performance of this CONTRACT; or 3) are based upon CONTRACTOR's or its subcontractors' use of, presence upon or proximity to the property of COUNTY. This indemnification obligation of CONTRACTOR shall not apply in the limited circumstance where the claim, damage, loss or expense is caused by the sole negligence of COUNTY. This indemnification obligation of the CONTRACTOR shall not be limited in any way by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and the CONTRACTOR hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of the CONTRACTOR are a material inducement to COUNTY to enter into this CONTRACT, are reflected in CONTRACTOR's compensation, and have been mutually negotiated by the parties. 9 Professional Services Contract, Olympic Health& Recovery Services January 2022 Participation by County — No Waiver. COUNTY reserves the right, but not the obligation, to participate in the defense of any claim, damages, losses or expenses and such participation shall not constitute a waiver of CONTRACTOR's indemnity obligations under this CONTRACT. Survival of CONTRACTOR's Indemnity Obligations. CONTRACTOR agrees all CONTRACTOR'S indemnity obligations shall survive the completion, expiration or termination of this CONTRACT. Indemnity by Subcontractors. In the event the CONTRACTOR enters into subcontracts to the extent allowed under this CONTRACT, CONTRACTOR's subcontractors shall indemnify COUNTY on a basis equal to or exceeding CONTRACTOR's indemnity obligations to COUNTY. Compliance with Applicable Laws, Rules and Regulations: This CONTRACT shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, political subdivisions of the State of Washington and Mason County. CONTRACTOR also agrees to comply with applicable Federal, State, County or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. Conflict of Interest Notwithstanding, any determination by the Executive Ethics Board or other tribunal, the COUNTY may, in its sole discretion, by written notice to CONTRACTOR terminate this contract if it is found after due notice and examination by the COUNTY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW or any similar statute involving CONTRACTOR, or any activities performed pursuant to the contract. Unilateral Contract Changes The CONTRACTOR acknowledges that the COUNTY may correct typographical errors, numbering errors or other minor grammar or punctuation error without the need to amend the agreement. The CONTRACTOR shall be notified when any correction take place and will be provided with a corrected copy of the contract. Contract Monitoring and Program Review CONTRACTOR will permit Mason County staff to visit CONTRACTOR'S premises and review CONTRACTOR'S activities with respect to the program, and will permit the COUNTY at its own expense, to conduct an independent financial and/or programmatic audit of the expenditures related to this contract. Administration Contract: COUNTY hereby appoints, and CONTRACTOR hereby accepts, the Mason County's Community Services Director and his or her designee, as COUNTY's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this CONTRACT, including COUNTY's right to receive and act on all reports and documents, and any auditing performed by the COUNTY related to this CONTRACT. The Administrative Officer for purposes of this CONTRACT is: Lydia Buchheit, Community and Family Health & Human Services Manager Mason County Community Services 415 N. 6th Street Phone: 360-427-9670 Ext. 404 Fax: 360-427-7787 E-mail: LydiaB@masoncountywa.gov 10 Professional Services Contract, Olympic Health & Recovery Services January 2022 Financial Contact: Casey Bingham, Finance Manager Mason County Public Health and Human Services 415 N. 6th Street Phone: 360-427-9670 Ext. 562 Fax: 360-427-7787 E-mail: caseyb@masoncountywa.gov Notice: Except as set forth elsewhere in the CONTRACT, for all purposes under this CONTRACT except service of process, notice shall be given by CONTRACTOR to COUNTY's Administrative Officer under this CONTRACT. Notices and other communication may be conducted via e-mail, U.S. mail, fax, hand-delivery or other generally accepted manner including delivery services. Modifications: Either party may request changes in the CONTRACT. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this CONTRACT, the venue of such action of litigation shall be in the courts of the State of Washington and Mason County. Unless otherwise specified herein, this CONTRACT shall be governed by the laws of Mason County and the State of Washington. Severability: If any term or condition of this CONTRACT or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this CONTRACT are declared severable. Waiver: Waiver of any breach or condition of this CONTRACT shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this CONTRACT shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of COUNTY to insist upon strict performance of any of the covenants of this CONTRACT, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or contracts, but the same shall be and remain in full force and effect. Order of Precedence: A. Applicable federal, state and county statutes, regulations, policies, procedures, federal Office of Management and Budget (OMB) circulars and federal and state executive orders. B. Special Conditions C. General Terms & Conditions D. Exhibit B Insurance Requirements E. Exhibits A, C F. Exhibit D-HCA Professional Services Contract#K5736 LEAD Pilot Site Development Entire Contract: This written CONTRACT, comprised of the writings signed or otherwise identified and attached hereto, represents the entire CONTRACT between the parties and supersedes any prior oral statements, discussions or understandings between the parties. 11 Professional Services Contract, Olympic Health & Recovery Services January 2022 EXHIBIT A SCOPE OF SERVICE Program: Mason County Law Enforcement Assisted Diversion (LEAD) Program Program Description: Olympic Health and Recovery Services will operate as the Behavioral Health Agency for Mason County's Law Enforcement Assisted Diversion (LEAD) program coordinated by Mason County Community Services-Public Health Division (MCPH). The program will divert willing individuals known to commit offenses related to behavioral health conditions including substance use disorder, to social service proyJ,*ft'in lieu of jail booking and prosecution, and will coordinate filed cases with individual interne n plans formulated by LEAD case managers in consultation with program participants. Program Expectations: • Coordinate with MCPH to Implement a LEAD pilot program that adh s to the Core Principles of LEAD and FICA contract (Exhibit D) and referenced in RCW 71.24 5 • Provide Outreach Coordinator; Clinical Supervisor and Case Manager positions to implement the program and fulfill HCA contract requirements • Establish effective workflows for case managers to record needed data in Julot • Use the participant surveys to gValuate_program participation and engagement Performance/Reporting and Deliverables: Provider will successfully refer (at least provide pote` participant a candidate advisement) a minimum of 350 individuals, and admit at least the minimum required to maintain an average case load of at least 45 per case manager hired, each year • OHRS case management staff, to the beef, ability when appropriate, will collect and report data and progress reports to MCPH monthly per LEAD requirements- o Collect the number or individuals cont4ted through law enforcement response and/or 'social contact referrals 6 ollect the number of individuals admitted into LEAD program o Collect a" egated demographics for individuals admitted, including: ■ Race;ender; Age; and Housing status o, Collect aggreg F intake form: ■ Self-report behavioral health, Employment, Family and Financial information o 60ect the following LEAD program evaluation metrics: Number of police contacts related to criminal behavior/suspected criminal l havior, Ntimber of arrests-categorize by type, Number or warrants, Number of c I chaffs categorize by type, Number of jail bookings, Number of jail bed day unler of visits to an emergency room, Number of inpatient admits to hospital-care, Number of contacts with fire/EMS, Number of times team meets with participants-categorized by type: case management, peer counseling, brief outreach, Number of referrals to service-categorized by type: mental health, substance use disorder, medical, housing, insurance, benefits, food, shelter, employment, etc., Number of connections to services-categorized by type: mental health, substance use disorder, medical, housing, insurance, benefits, food, shelter, employment, etc., Percentage of individuals that received a URICA score, Participant survey baseline, at six (6) months and one (1) year 12 Professional Services Contract, Olympic Health& Recovery Services January 2022 EXHIBIT B INSURANCE REQUIREMENTS A. MINIMUM Insurance Requirements: 1. Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01, with an edition date prior to 2004, or the exact equivalent. Coverage for an additional insured shall not be limited to its vicarious liability. Defense costs must be paid in addition to limits. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. 2. Workers' Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits for CONTRACTOR's, with two (2) or moll." Omployees and/or volunteers, no less than $1,000,000 per accident for all covered losses. 3. Business Auto Coverage on ISO Business Auto Coverage form,-A 00,01 including owned, non-owned and hired autos, or the exact equivalent. Limits shall be no less the$1,000 per accident, combined single limit. If CONTRACTOR owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If CONTRACTOR Qr CONTRACTOR's employees will use personal autos in any way on this project, CONTRACTOR shell,obtain evidence of personal auto liability coverage for each such person. 4. CONTRACTOR shall maintain professional liability insurance that covers the Services to be performed in connection with this CONTRACT, in the minimum amount of$2,000,000 per claim and annual aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and CONTRACTOR agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this agreement. B. Certificate of Insurance: A Certificate of Insurance r��£ UNTY as the Certificate Holder must be provided to COUNTY within thirty (30) days of CONTRA6T exe000n. C. Basic Stipulations , 1. CONTRACTOR agrees t 3 indorse thInJ party liability coverage required herein to include as additional insureds COUNTY, its officials, emplo end agents, using ISO endorsement CG 20 10 with an edition date prior to 2004. CONTRACTQ ° lsooes t require all contractors, subcontractors, and anyone else involved in this CONTRACT on buff of the COIIiACTOR (hereinafter"indemnifying parties")to comply with these provisions. 2. CONTRACTOR agrees to waive rights of'recovery against COUNTY regardless of the applicability of any insurance proceeds, and to require all indemnifying parties to do likewise. 3. All insurance coverage maintained or procured by CONTRACTOR or required of others by CONTRACTOR pursuant to this CONTRACT shall be endorsed to delete the subrogation condition as to COUNTY or must specifically allow the named insured to waive subrogation prior to a loss. 4. All coverage types and limits required are subject to approval, modification and additional requirements by COUNTY. CONTRACTOR shall not make any reductions in scope or limits of coverage that may affect COUNTY's protection without COUNTY's prior written consent. 5. CONTRACTOR agrees to provide evidence of the insurance required herein, satisfactory to COUNTY, consisting of: a) certificate(s) of insurance evidencing all of the coverages required and, b) an additional insured endorsement to CONTRACTOR's general liability policy using Insurance Services Office form CG 20 10 with an edition date prior to 2004. CONTRACTOR agrees, upon request by COUNTY to provide complete, certified copies of any policies required within 10 days of such request. COUNTY has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests. Any premium so paid by COUNTY shall be charged to and promptly paid by CONTRACTOR or deducted from sums due CONTRACTOR. Any actual or alleged failure on the part of COUNTY or any other additional insured under these requirements to obtain proof of insurance required under this CONTRACT in no way waives any right or remedy of COUNTY or any additional insured, in this or in any other regard. 13 Professional Services Contract, Olympic Health & Recovery Services January 2022 6. It is acknowledged by the parties of this CONTRACT that all insurance coverage required to be provided by CONTRACTOR or indemnifying party, is intended to apply first and on a primary non-contributing basis in relation to any other insurance or self-insurance available to COUNTY. 7. CONTRACTOR agrees not to self-insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self- insure its obligations to COUNTY. If CONTRACTOR's existing coverage includes a self-insured retention, the self- insured retention must be declared to the COUNTY. The COUNTY may review options with CONTRACTOR, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. 8. CONTRACTOR will renew the required coverage annually as long as COUNTY, or its employees or agents face an exposure from operations of any type pursuant to this CONTRACT. This obligation applies whether or not the CONTRACT is canceled or terminated for any reason. Termination of this obligation is not effective until COUNTY executes a written statement to that effect. 9. The limits of insurance as described above shall be considered as minimum requirements. Should any coverage carried by CONTRACTOR, or a subcontractor pteny tier maintain insurance with limits of liability that exceed the required limits or coverage that is broader than as outlined above, those higher limits and broader coverage shall be deemed to apply for the benefit of any person or organization included as an additional insured and those limits shall become the riuired minimum limits of insurance in all Paragraphs and Sections of this CONTRACT. 10. None of the policies required herein shall be in complian y rt t t ..Y a requirements if they include any limiting endorsement that has not been first submitted to COU ...mod approved of in writing. 11. The requirements in this Exhibit supersede all other sections andzppvisions of this CONTRACT to the extent that any other section or provision conflicts with or impairs the' of this Exhibit. 12. Unless otherwise approve! by COUNTY, insurance provided pursuant these requirements shall be by insurers authorized to do W in Washington and with a minimum A.M. Best rating of A:VII. 13. All insurance covers"and limits elided by CONTRACTOR and available or applicable to this agreement are intended to ly to the 1 extent of the policies. Nothing contained in this CONTRACT limits the application of such insurae.cove . 14. CONTRACTOR agrees require insidrers, to amide notice to COUNTY thirty (30) days prior to cancellation of such liability coverage or of any material alteration or non-renewal of any such coverage, other than for non-payment of premium. CONTRACTOR shall assure that this provision also applies to any subcontractors,joint ventures or any others rty engaged by or on behalf of contractor in relation to this agreement. Certificate(s) are to reflect that the issuer will provide thirty (30) days' notice to COUNTY of any cancellation of coverage. 15. COUNTY reserves the right at any time during the term of the CONTRACT to change the amounts and types of insurance required by giving the CONTRACTOR ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the CONTRACTOR, the COUNTY and CONTRACTOR may renegotiate CONTRACTOR's compensation. 16. Requirements of specific coverage features are not intended as limitation on other requirements or as waiver of any coverage normally provided by any given policy. Specific reference to a coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all-inclusive. 17. CONTRACTOR agrees to provide immediate notice to COUNTY of any claim or loss against CONTRACTOR arising out of the work performed under this agreement. COUNTY assumes no obligation or liability by such notice but has the right(but not the duty)to monitor the handling of any such claim or claims if they are likely to involve COUNTY. 14 Professional Services Contract, Olympic Health & Recovery Services January 2022 EXHIBIT C BUDGET Submit monthly invoice request electronically to Stacey Ells at staceye(cDmasoncountywa.gov and cc Casey Bingham caseyb@masoncountywa.gov Olympic Health and Recovery Services Budget Details TBD Maximum Contract Total 700,000 Payment: Funding will be disbursed upon submitting the program reports and expenditure invoice according to the vendor payment schedule of the County Assessor's Office. Invoices are paid providing the CONTRACTOR performs the services, all expenses are allowable, and submits ell,reporting to a satisfactory level. COUNTY will reimburse CONTRACTOR for actual expenditures incurred each month. Payment is considered timely when paid within thirty days from the date the invoice was approved. 15 Professional Services Contract, Olympic Health & Recovery Services January 2022 MASON COUNTY BRIEFING ITEM SUMMARY FORM To: Board of Mason County Commissioners From: Lydia Buchheit Department: Mason County Community Services- Ext: 404 MCPH Briefing Date: 1/24/2022 Previous Briefing Dates: 06/2020, 08/2021 If this is a follow-up briefing, lease provide only new information Internal Review (please check all that apply): ❑ Budget/Finance ❑ Human Resources Legal Information Technology ❑ Other — please explain Item: Mason County LEAD subcontract amendment with Olympic Health and Recovery Services (OHRS) Executive Summary: (If applicable, please include available options and potential solutions) There is a need to increase the original contracted amount with OHRS that will provide MCPH the ability to complete billing for the work done for December 2021. Budget Impact: $16,986.72 which is already in the budget Public Outreach: (Include any legal requirements, direct notice, website, community meetings, etc.) None Recommended/Requested Action: Move contract amendment to Action Agenda Attachments: LEAD Contract amendment #2 Contract Between Mason County and Olympic Health and Recovery Services Professional Services Contract# 20-059 Amendment # 2 The purpose of this amendment is to adjust the compensation of the contract. IT IS MUTUALLY AGREED THEREFORE: That the Original Contract is hereby amended as follows: l. Increase in total funding: The total amount contracted shall increase from$407,000 to $423,986.72 (an increase of$16,986.72) ALL OTHER TERMS AND CONDITIONS of the original Contract and any subsequent amendments hereto remain in full force and effect. IN WITNESS WHEREOF,the undersigned has affixed his/her signature in execution thereof on the_1st day of February , 2022. CONTRACTOR MASON COUNTY Joe Avalos,Administrator Kevin Shutty, Commissioner Olympic Health and Recovery Services Mason County 1 MASON COUNTY PUBLIC WORKS—COMMISSIONER BRIEFING January 24,2022 Briefing Items • Private Line Occupancy Permit for Taylor Zillyett at 50 W Lost Lake View Drive for waterline, septic transport, cable and power. • Mutual Aid Agreements with WSDOT for response assistance for emergent events with or without a deemed proclamation. Discussion Items Commissioner Follow-Up Items Upcoming Calendar/Action Items Attendees: Commissioners: Public Works: Other Dept. Staff: Public: _Randy Neatherlin _Loretta Swanson _Kevin Shutty _Mike Collins _Sharon Trask _Richard Dickinson _Other(list below): MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Loretta Swanson, Director DEPARTMENT: PUBLIC WORKS EXT: 450 BRIEFING DATE: January 24, 2022 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance [7 Human Resources X Legal ❑ Information Technology ❑ Other— please explain ITEM: Mutual Aid Agreements with Washington State Department of Transportation (WSDOT) for response assistance for emergent events with or without a deemed proclamation EXECUTIVE SUMMARY: Mason County Public Works would like to enter into two (2) pre-disaster mutual aid agreements with WSDOT that allows all participating agency (government entities in the State of Washington) that have executed these agreements with WSDOT to provide immediate assistance to a requestor if they have determined they have the available personnel, equipment or material in an event with or without proclamation of an emergency. WSDOT's Office of Emergency Management (OEM) maintains the list of all signatory Agencies participating and all requests are submitted to OEM. Each agreement remain in effect as long as two or more Agencies are parties to the agreement or they may be terminated by written notice, at least 30 days prior to termination date. BUDGET IMPACT: All requests made by Mason County Public Works Department would be funded out of the Road Fund. Responding agency will be reimbursed all costs, including loss or damage to equipment. RECOMMENDED OR REQUESTED ACTION: Recommend the Board of County Commissioners authorize Public Works the Chair to execute the Mutual Aid Agreements (GCB 3187) for Emergency Proclamation Response Assistance and (GCB 3207) for Non-Proclamation Emergency Response Assistance. ATTACHMENTS: 1. Agreement GCB 3187 2. Agreement GCB 3207 Briefmg Summary 1/19/2022 GCB 3207 (Local Agency Emergency Event — NO PROCLAMATION) PUBLIC WORKS EMERGENCY RESPONSE ASSISTANCE MUTUAL AID AGREEMENT This Agreement is between those Government Agencies(local, county,tribal or state), herein after"Agency" or "Agencies," that have executed the Agreement, as indicated by the signatures at the end of this document. 1. This Agreement is authorized by Washington State Chapter 39.34 RCW (Interlocal Agreement Act), which provides that any one or more public agencies may contract with any one or more other public agencies to perform any governmental service, activity, or undertaking, which each public agency entering into the contract is authorized by law to perform. 2. The purpose of this pre-disaster agreement between the Agencies is to provide for immediate assistance to protect life and property by facilitating the cooperation between Agencies to assist in a disaster in the absence of a "Proclamation of Emergency" as that term is defined in Chapter 38.52 RCW. 3. A separate agreement, GCB 3187 (Emergency Proclamation) PUBLIC WORKS EMERGENCY RESPONSE ASSISTANCE MUTUAL AID AGREEMENT, has been prepared to address those events where a Proclamation of Emergency has been declared invoking the broader statutory emergency powers provided to agencies in Chapter 38.52 RCW. 4. The parties to this Agreement are responsible for the construction and maintenance of public facilities such as street, road, highway, and related systems during routine and emergency conditions. 5. Each of the parties owns and maintains equipment, and employs personnel who are trained to provide service in the construction and maintenance of street, road, highway, and related systems and other support. NOW,THEREFORE pursuant to Chapter 39.34 RCW and in consideration of the terms, conditions, and performances contained herein, the recitals as stated above, and the attached Exhibits which are incorporated and made a part hereof, It is Mutually Agreed as Follows: 1. Request If confronted with an emergency situation requiring personnel, equipment or material not available to it, the requesting party (Requestor) may request assistance from any of the other parties who have executed this Agreement. GCB 3207 Page 1 of 5 The Requestor may make the Emergency Response Assistance (Work) request by contacting the Designated Primary Contact of a participating agency, from the signatory Agencies list maintained by the WSDOT Office of Emergency Management(OEM), by phone or email. 2. Response Upon receipt of such request, the party receiving the request (Responder) shall immediately take the following action: A. Determine whether it has the personnel, equipment,or material available to respond to the request. B. Determine what available personnel and equipment should be dispatched and/or what material should be supplied. C. Dispatch available and appropriate personnel and equipment to the location designated by the Requestor. D. Provide appropriate access to the available material. E. Advise the Requestor immediately in the event all or some of the requested personnel, equipment, or material is not available. NOTE: It is understood that the integrity of dedicated funds needs to be protected.Therefore, Agencies funded with road funds are limited to providing services for road activities; sewer funds are limited to providing services for sewer activities and so on. 3. Incident Commander The Incident Commander of the emergency shall be designated by the Requestor, and shall be in overall command of the operations under whom the personnel and equipment of the Responder shall serve.The personnel and equipment of the Responder shall be under the immediate control of a supervisor of the Responder. If the Incident Commander specifically requests a supervisor of the Responder to assume command, the Incident Commander shall not, by relinquishing command, relieve the Requestor of responsibility for the incident. 4. Documentation Documentation of hours worked, and equipment or materials used or provided will be maintained on a shift by shift basis by the Responder, and provided to the Requestor as needed. 5. Release of Personnel and Equipment All personnel, equipment, and unused material provided under this Agreement shall be returned to the Responder upon release by the Requestor, or on demand by the Responder. GCB 3207 Page 2 of 5 6. Compensation It is hereby understood that the Responder will be reimbursed (e.g. labor, equipment, materials and other related expenses as applicable, including loss or damage to equipment) at its adopted usual and customary rates. Compensation may include: A. Compensation for workers at the Responder's current pay structure, including call back, overtime, and benefits. B. Compensation for equipment at Responder's established rental rate. C. Compensation for materials, at Responder's cost. Materials may be replaced at Requestor's discretion in lieu of cash payment upon approval by the Responder for such replacement. D. The Responding Agency shall submit a Mutual Aid Cost Recovery Submittal (Exhibit A) and itemized voucher of costs to the Designated Primary Contact of the Requesting Agency within sixty(60) days after completion of Work). Unless otherwise agreed,the Responding Agency shall receive reimbursement within ninety(90) days after the voucher submittal date. (Note: after execution of the Agreement the participating agency Designated Representative will be provided the electronic fillable pdf of Exhibit A) 7. Indemnification The Responding Agency shall have no responsibilities or incur any liabilities because it does not provide resources and/or services to any other party to this Agreement. A. To the extent permitted by law, the Requesting Agency shall protect, defend, hold harmless and indemnify all other Responding signatory Agencies, and their officers and employees from any and all claims, suits,costs, damages of any nature, or causes of action, including the cost of defense and attorney's fees, by reason of the acts or omissions, whether negligent, willful, or reckless,of its own officers, employees, agency or any other person arising out of or in connection with any acts or activities authorized by this Agreement, and will pay all judgments, if any, rendered.This obligation shall not include such claims, costs, damages or other expenses which may be caused by the sole negligence of the Responding Agencies or their authorized agents or employees. 8. Worker Compensation Withholdings and Employer Liability Each party shall remain fully responsible as employer for all taxes, assessments, fees, premiums, wages, withholdings, workers compensation and other direct and indirect compensation, benefits, and related obligations with respect to its own employees. Likewise, each party shall insure, self-insure,or both, its own employees as required by Washington Revised Code of Washington (RCW). 9. The Agreement A. It is understood that all parties may not execute this Agreement at the same time. It is the intention of the parties that any governmental entity in the State of Washington may enter into this Agreement and that all parties who execute this Agreement will be considered to be equal parties to the Agreement. GCB 3207 Page 3 of 5 i The individual parties to this Agreement may be "Requestor or"Responders" as referred to in Section 1. and 2. above,to all others who have entered this Agreement. B. Authorization and approval of this Agreement shall be in a manner consistent with the Agency's current procedures.This Agreement shall be effective upon approval by two or more Agencies and shall remain in effect as long as two or more Agencies are parties to this Agreement. Upon execution of this Agreement,the Agency shall send an original or a certified copy of the Agreement to the Washington State Department of Transportation, Office of Emergency Management(OEM). The OEM shall maintain a list of all signatory Agencies. 1) Written notice of intent to terminate this Agreement must be given to all other parties on the master list of parties at least 30 days prior to termination date.This notice shall automatically terminate the Agreement as to the terminating party on the date set out in the notice unless rescinded by that party in writing prior to that date. 2) Termination will not affect a party's obligations for payment arising prior to the termination of this Agreement. 10. Non-exclusive This Agreement is not intended to be exclusive among the parties. Any party may enter into separate cooperative assistance or mutual aid agreements with any other entity. No such separate agreement shall terminate any responsibility under this Agreement. 11. Parties to This Agreement Participants in this Agreement are indicated on the following pages, one party per page. IN WITNESS WHEREOF,the parties hereto have caused this Agreement for Public Works Emergency Response Assistance to be executed by duly authorized representatives as of the date of their signatures. WASHINGTON STATE DEPARTMENT OF TRANSPORTATION Pasco Bakotich III, P.E. Date State Maintenance Engineer Washington Stat epartment of Transportation A OVE O FOR Scott L.Lockwoo�r Date Assista t Attorney General GCB 3207 Page 4 of 5 IN WITNESS WHEREOF,the parties hereto have caused this Agreement for Public Works Emergency Response Assistance to be executed by duly authorized representatives as of the date of their signatures. Agency Jurisdiction Authorized Representative Date Designated Primary Contact: Office Contact Name: Phone Number: Email: Emergency 24 Hour Phone Number: GCB 3207 Page 5 of 5 GCB 3187 (Emergency Proclamation) PUBLIC WORKS EMERGENCY RESPONSE ASSISTANCE MUTUAL AID AGREEMENT This Agreement is between those Government Agencies(local,county,tribal or state), herein after "Agency" or"Agencies," that have executed the Agreement, as indicated by the signatures at the end of this document. 1. The purpose of this pre-disaster agreement between the Agencies is to provide for immediate assistance to protect life and property. 2. This Agreement is authorized under Washington State Chapter 38.52 RCW (Emergency Management),; which is activated only in the event of a proclamation of an emergency by the local, county,tribal and/or state government approving authority. 3. The parties to this Agreement are responsible for the construction and maintenance of public facilities such as street, road, highway, sewer, water, and related systems during routine and emergency conditions. 4. Each of the parties owns and maintains equipment, and employs personnel who are trained to provide service in the construction and maintenance of street, road, highway, sewer, water, and related systems and other support. NOW,THEREFORE, pursuant to Chapter 38.52 RCW and in consideration of the terms, conditions, and performances contained herein, the recitals as stated above, and the attached Exhibits which are incorporated and made a part hereof,: It is Mutually agreed as follows: 1. Request If confronted with an emergency situation requiring personnel, equipment or material not available to it, the requesting party(Requestor) may request assistance from any of the other parties who have executed this Agreement. The Requestor may make the Emergency Response Assistance (Work) request by contacting the Designated Primary Contact of a participating Agency,from the list of Office of Emergency Management(OEM) signatory Agencies, by phone or email. 2. Response Upon receipt of such request, the party receiving the request (Responder) shall immediately take the following action: A. Determine whether it has the personnel, equipment, or material available to respond to the request. GCB 3187 Page 1 of 5 B. Determine what available personnel and equipment should be dispatched and/or what material should be supplied. C. Dispatch available and appropriate personnel and equipment to the location designated by the Requestor. D. Provide appropriate access to the available material. E. Advise the Requestor immediately in the event all or some of the requested personnel, equipment, or material is not available. NOTE: It is understood that the integrity of dedicated funds needs to be protected.Therefore, Agencies funded with road funds are limited to providing services for road activities, sewer funds are limited to providing services for sewer activities and so on. 3. Incident Commander The Incident Commander of the emergency shall be designated by the Requestor, and shall be in overall command of the operations under whom the personnel and equipment of the Responder shall serve.The personnel and equipment of the Responder shall be under the immediate control of a supervisor of the Responder. If the Incident Commander specifically requests a supervisor of the Responder to assume command, the Incident Commander shall not, by relinquishing command, relieve the Requestor of responsibility for the incident. 4. Documentation Documentation of hours worked, and equipment or materials used or provided will be maintained on a shift by shift basis by the Responder, and provided to the Requestor as needed. 5. Release of Personnel and Equipment All personnel, equipment, and unused material provided under this Agreement shall be returned to the Responder upon release by the Requestor, or on demand by the Responder. 6. Compensation It is hereby understood that the Responder will be reimbursed (e.g. labor, equipment, materials and other related expenses as applicable, including loss or damage to equipment) at its adopted usual and customary rates. Compensation may include: A. Compensation for workers at the Responder's current pay structure, including call back, overtime,and benefits. B. Compensation for equipment at Responder's established rental rate. C. Compensation for materials, at Responder's cost. Materials may be replaced at Requestor's discretion in lieu of cash payment upon approval by the Responder for such replacement. GCB 3187 Page 2 of 5 s D. The Responding Agency shall submit a Mutual Aid Cost Recovery Submittal (Exhibit A) and itemized voucher of costs to the Designated Primary Contact of the Requesting Agency within sixty(60) days after completion of Work (RCW 38.52.080). Unless otherwise agreed,the Responding Agency shall receive reimbursement within ninety (90) days after the voucher submittal date. (Note: after execution of the Agreement the participating Agency Designated Representative will be provided the electronic fillable pdf of Exhibit A) 7. Indemnification The Responding Agency shall have no responsibilities or incur any liabilities because it does not provide resources and/or services to any other party to this Agreement. A. All privileges, immunities, rights, duties and benefits of officers and employees of the Responding Agency shall apply while those officers and employees are performing functions and duties on behalf of the Requesting Agency, unless otherwise provided by law. Employees of the Responding Agency remain employees of the Responding Agency while performing functions and duties on behalf of the Requesting Agency(RCW 38.52.080). B. To the extent permitted by law, the Requesting Agency shall protect, defend, hold harmless and indemnify all other Responding signatory Agencies,and their officers and employees from any and all claims, suits, costs, damages of any nature, or causes of action, including the cost of defense and attorney's fees, by reason of the acts or omissions, whether negligent, willful, or reckless, of its own officers, employees, agency or any other person arising out of or in connection with any acts or activities authorized by this Agreement,and will pay all judgments, if any, rendered. This obligation shall not include such claims, costs, damages or other expenses, which may be caused by the sole negligence of the Responding Agencies or their authorized agents or employees. 8. Worker Compensation Withholdings and Employer Liability Each party shall remain fully responsible as employer for all taxes, assessments,fees, premiums, wages, withholdings, workers compensation and other direct and indirect compensation, benefits, and related obligations with respect to its own employees. Likewise, each party shall insure, self- insure, or both, its own employees as required by Washington Revised Code of Washington (RCW). 9. The Agreement A. It is understood that all parties may not execute this Agreement at the same time. It is the intention of the parties that any governmental entity in the State of Washington may enter into this Agreement and that all parties who execute this Agreement will be considered to be equal parties to the Agreement.The individual parties to this Agreement may be "Requestor" or "Responder's" as referred to in Section 1. and 2. above, to all others who have entered this Agreement. GCB 3187 Page 3 of 5 B. Authorization and approval of this Agreement shall be in a manner consistent with the Agency's current procedures.This Agreement shall be effective upon approval by two or more Agencies and shall remain in effect as long as two or more Agencies are parties to this Agreement. Upon execution of this Agreement, the Agency shall send an original or a certified copy of the Agreement to the Washington State Department of Transportation, Office of Emergency Management(OEM). The OEM shall maintain a list of all signatory Agencies. 1) Written notice of intent to terminate this Agreement must be given to all other parties on the master list of parties at least 30 days prior to termination date. This notice shall automatically terminate the Agreement as to the terminating party on the date set out in the notice unless rescinded by that party in writing prior to that date. 2) Termination will not affect a party's obligations for payment arising prior to the termination of this Agreement. 10. Non-Exclusive This Agreement is not intended to be exclusive among the parties. Any party may enter into separate cooperative assistance or mutual aid agreements with any other entity. No such separate agreement shall terminate any responsibility under this Agreement. 11. Parties to This Agreement Participants in this Agreement are indicated on the following pages, one party per page. IN WITNESS WHEREOF,the parties hereto have caused this Agreement for Public Works Emergency Response Assistance to be executed by duly authorized representatives as of the date of their signatures. WASHINGTON STATE DEPARTMENT OF TRANSPORTATION )Ojt,� e, & - 7/,,�,, Pasco Bakotich III, P. . Date State Maintenance Engineer Washington e D partment of Transportation APPRO ED RIM Sc t L. ckwood a Date Assistal Attorney General GCB 3187 Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have caused this Agreement for Public Works Emergency Response Assistance to be executed by duly authorized representatives as of the date of their signatures. Agency Jurisdiction Authorized Representative ���`'�'�`� -41-�-V Date Designated Primary Contact: Office Contact Name: Phone Number: Email: Emergency 24 Hour Phone Number: _ GCB 3187 Page 5 of 5 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Mike Collins P.E. County Engineer DEPARTMENT: Public Works EXT: 450 BRIEFING DATE: January 24, 2022 INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources X Legal ❑ Information Technology ❑ Other— please explain ITEM: Private Line Occupancy Permit EXECUTIVE SUMMARY: Taylor Zillyett has applied for a Private Line Occupancy Permit to install a new underground power, water cable and a sewer transport line under West Lost Lake View Drive. These lines are to connect utilities to the parcels on each side of the road located at address 50 West Lost Lake View Drive parcel numbers (51901-52-02006) & (51901-52-01011). BUDGET IMPACT: An application fee of $200 has been paid to process the proposed Private Line Occupancy Permit. RECOMMENDED OR REQUESTED ACTION: Recommend the Board approve the Private Line Occupancy Permit granting permission to run the utility lines under West Lost Lake View Drive for address 50 West Lost Lake View Drive. Attachments: 1. PLO (Page A-4, Area Map) IN THE MATTER OF THE APPLICATION OF Taylor Zillyett FOR A PRIVATE LINE UTILITY OCCUPANCY PERMIT TO CONSTRUCT, OPERATE, AND MAINTAIN Waterline, Septic Transport, Cable, Power ALONG AND UNDER W Lost Lake View Dr. ,A COUNTY MAINTAINED ROAD LOCATED IN MASON COUNTY,WASHINGTON Application of Taylor Zillyett with principal residence located at 50 W Lost Lake View Dr. Shelton WA , by and throughTaylor Zillyett, for a private line utility occupancy permit to construct,operate and maintain a private waterline under county roads and highways in Mason County,Washington,as set forth in attached Exhibit"A",having come before the County Commissioners of Mason County,Washington during a regularly scheduled public meeting, on the day of , 20_, and that it is in the public interest to allow the private line utility occupancy permit herein granted, NOW THEREFORE,IT IS ORDERED that a non-exclusive private line utility occupancy permit be, and the same is hereby given and granted to operator, and its successors and assigns, hereinafter referred to as the"Permittee",for a period commencing from and after the date of the entry of this order for the purposes,at the location(s),and upon the express terms and conditions as described herein, and terminating as provided herein. 1. DEFINITIONS For the purposes of this private line utility occupancy permit, terms, phrases, words, and their derivations not defined herein that are defined in Title 12 of the Mason County Code or the Manual on Accommodating Utilities in the Mason County Right-of-Way published by the County Engineer(the"Manual'),shall have the same meaning or be interpreted as provided in Title 12 of the Mason County Code or the Manual. Words not defined here,in Title 12 of the Mason County Code or the Manual shall have their ordinary meaning. A reference to Title 12 of the Mason County Code or the Manual refers to the same as may be amended,revised,updated,re-enacted or re-codified from time to time. H. GRANT The County of Mason(hereafter the"County")hereby grants to the Permittee a non-exclusive private line utility occupancy permit(hereinafter"Permit")which, once it becomes effective shall authorize the Permittee to enter upon the road rights-of-way located within the Permit Area for the purpose of maintaining,repairing,replacing,which grant shall be limited to the following described purpose(s): Provide water, sewer, cable and power transport between Parcel# 51901-52-02006 to 51901-52-01011 1 Such grant is subject to and must be exercised in strict accordance with and subject to this Permit, Title 12 of the Mason County Code,the Manual and all applicable laws,rules, regulations and ordinances_ Permittee's exercise of any rights granted pursuant to the Permit is subject to the exercise of the County's police powers, and other regulatory powers as it may have or obtain in the future. No rights shall pass to the Permittee by implication. This Permit does not include permission to enter into or upon the road rights-of-way for any purposes others than the purposes expressly described herein. Permittee has a duty to notify the County of any change in use or condition of the utility facilities that may affect the status of the utility facilities as (a) private line(s) or the impact of the utility facilities upon the road rights-of-way. M. UTILITY PERMIT REQUIRED Permittee shall not commence or perform work to install, construct, maintain repair, replace adjust,connect,disconnect,rebuild,or relocate its utility facilities within the road rights-of-way (hereafter collectively or individually the "Work"), without first applying for, paying all associated fees, and obtaining a utility permit as required pursuant to Title 12 of the Mason County Code. In any utility permit so issued, the County may impose, as a condition of the granting the utility permit,such conditions and regulations as may be necessary for the protection, preservation and management of the road rights-of-way, including,by way of example and not limitation, for the purpose of protecting any structures in the road rights-of-way, maintaining proper distance from other utilities,ensuring the proper restoration of such road rights-of-way and structures,and for the protection of the County and the public and the continuity of pedestrian and vehicular traffic. Permittee shall first file with the County Engineer its application for a utility permit to do such Work together with plans and specifications showing at a minimum: A. The position, depth and location of all such utility facilities sought to be constructed, laid, installed or erected at that time, showing their relative position to existing county roads, rights-of-way or other county property upon plans drawn to scale,hereinafter collectively referred to as the"map of definite location; B. The class and type of material and equipment to be used, manner of excavation, construction, installation, backfill, erection of temporary structures, erection of permanent structures,traffic control,traffic turnouts and road obstructions; C. The manner in which the utility facility is to be installed; D. Measures to be taken to preserve safe and free flow of traffic; E. Structural integrity of the roadway, bridge, or other structure; F. Specifications for the restoration of the county road, right-of-way or other county property in the event that the road right of way will be disturbed by the Work; and 2 G. Provision for ease of future road maintenance and appearance of the roadway. Provision shall be made for known or planned expansion of the utility facilities,particularly those located underground or attached to bridges or other structures within the road right-of-way. The location,alignment and depth of the utility facilities shall conform with said map of definite location, except in instances in which deviation may be allowed thereafter in writing by the County Engineer pursuant to application by Permittee. All such Work shall be subject to the approval of and shall pass the inspection of the County Engineer. The Permittee shall pay all costs of and expenses incurred in the examination, inspection and approval of such work on account of granting the said utility permits. W. RESTORATION OF ROAD RIGHT OF WAY In any Work which disturbs or causes damage to the road rights-of-way subject to this Permit, public or private property,the Permittee shall at its own expense and with all convenient speed, complete the work to repair and restore the county road right-of-way, or the public or private property so disturbed or damaged,and leave the same in as good or better condition as before the Work was commenced, to the reasonable satisfaction of the County Engineer. The Permittee shall pay all costs of and expenses incurred in the examination,inspection and approval of such restoration or repair. The County Commissioners and/or County Engineer may at any time do,order or have done any and all work that they consider necessary to restore to a safe condition such County road right-of- way or other County property left by the Permittee or its agents in a condition dangerous to life or property, and the Permittee,upon demand,shall pay to the County all costs of such work. V. PERMITTEE WORK IN RIGHT OF WAY Permittee expressly agrees and understands that,with regard to Work within the road rights-of- way: A. All of Permittee's utility facilities and Work within the road rights-of-way or other County property shall be performed in compliance with the provisions of Title 12 MCC, the Manual,the administrative regulations adopted by the County Engineer,other County-established requirements for placement of utility facilities in road rights-of-way, including the specific location of utility facilities in the road rights-of-way, and all applicable laws,rules,regulations and ordinances; B. In preparing plans and specifications for the Work the Permittee shall use the Manual. Prior to commencement of any Work,Permittee shall submit such plans and specifications to the County Engineer for review and approval together with the adequate exhibit depicting the existing or proposed location of the utility facility in relation to the road, including right-of-way or 3 easement lines; relationship to currently planned road revisions, if applicable; and all locations and situations for which deviations in depth of cover (including the proposed method of protection) or other locational standards that are anticipated; C. All Work subject to this Permit shall be done in such a manner as not to interfere, other than in ways approved by the County,with the construction,operation and maintenance of other utilities, public or private, drains, drainage ditches and structures, irrigation ditches and structures,located therein,nor with the grading or improvements of such County roads,rights-of- way or other County property; D. The owners and operators of all utility facilities (public or private) installed in the Permit Area or other county property prior in time to the utility facilities of the Permittee, shall have preference as to the alignment and location of such utilities so installed with respect to the Permittee. Such preference shall continue in the event of the necessity of relocating or changing the grade of any such county road or right-of-way; E. Permittee shall perform the Work and operate its utility facilities in a manner that minimizes interference with the use of the road rights-of-way by others,including others that may be installing utility facilities; and F. The County may require that Permittee's utility facilities be installed at a particular time, at a specific place,or in a particular manner as a condition of access to a particular road or road right-of-way; may deny access if a Permittee is not willing to comply with the County's requirements; and may remove,or require removal of,any utility facility that is not installed in compliance with the requirements established by the County,or which is installed without prior County approval of the time,place,or manner of installation and charge the Permittee for all the costs associated with removal; and may require Permittee to cooperate with others to minimize adverse impacts on the road and road rights-of-way through joint trenching and other arrangements. G. The County may inspect the utility facilities at any time reasonable under the circumstances to ensure compliance with this Permit and applicable law,including to ensure that the private line utility facilities are constructed and maintained in a safe condition. If an unsafe condition is found to exist, the County, in addition to taking any other action permitted under applicable law,may order the Permittee,in writing,to make the necessary repairs and alterations specified therein forthwith to correct the unsafe condition on a time-table established by the County which is reasonable in light of the unsafe condition. The County has the right to correct, inspect,administer,and repair the unsafe condition if the Licensee fails to do so,and to charge the Permittee therefor. The right of the County to conduct such inspections and order or make repairs shall not be construed to create an obligation therefore, and such obligation to construct and maintain its utility facilities in a safe condition shall at all times remain the sole obligation of the Permittee. 4 H. When required by the County,Permittee shall make information available to the public regarding any Work involving the ongoing installation, construction, adjustment, relocation, repair or maintenance of its utility facilities sufficient to show(1)the nature of the work being performed;(2)where it is being performed;(3)its estimated completion date;and(4)progress to completion. I. PERMITTEE IS PLACED ON NOTICE THAT FIBER OPTIC COMMUNICATIONS, POWER, CONTROL SYSTEMS,OTHER TYPES OF CABLES AND PIPELINES MAY BE BURIED ON THE RIGHT OF WAY. Before beginning any underground work,Permittee will contact the appropriate personnel to have such facilities located and make arrangements as to protective measures that must be adhered to prior to the commencement of any work within the road and road rights-of-way. In addition to the liability terms elsewhere in this Agreement, Permittee shall indemnify and hold the County and its elected and appointed officers,employees and agents harmless against and from all cost, liability, and expense whatsoever (including, without limitation, attorney's fees and court costs and expenses) arising out of or in any way contributed to by any act or omission of Permittee, its contractor,agents and/or employees,that cause or in any way or degree contribute to(1)any damage to or destruction of any such facilities by Permittee, and/or its contractor, agents and/or employees,on the County's property,(2) any injury to or death of any person employed by or on behalf of any entity, and/or its contractor, agents and/or employees, on the road rights-of-way, and/or(3) any claim or cause of action for alleged loss of profits or revenue,or loss of service,by a customer or user of services or products of such company(ies). J. Permittee shall continuously be a member of the State of Washington one number locator service under RCW 19.122, or an approved equivalent, and shall comply with all such applicable rules and regulations. K. Except in the event of emergency as described below,Pennittee and its agents may not enter upon the permit area to perform work for which a utility permit is required, unless and except upon two-business days notice to the County Engineer. L. In the event of an emergency involving the threat of imminent harm to persons or property, and for purposes of taking immediate corrective action, Permittee and its agents may enter the Permit Area without advance notice to the County as long as such entry is for the sole purpose of addressing the emergency; provided however, that if any entry for such purposes would require issuance of a utility permit, Perr ittee shall give the County verbal or telephonic notice of the places where and the manner in which entry is required prior to such entry,promptly followed by written notice. In all cases,notice to the County shall be given as far in advance as practical prior to entry or as soon as practicable after entry upon the road right-of-way- M. Permittee shall promptly reimburse the County for its reasonable and direct costs incurred in responding to an emergency that is caused,created by or attributable to the presence, construction,maintenance,repair,or operation of Permittee's utility facilities in the road rights- of-way. 5 N. If, during any Work, Permittee or its agents discover scientific or historic artifacts, Permittee or its agents shall immediately notify the County of said discovery and shall protect such artifacts in a manner as specified by the County_ Any such artifact shall be the property of the County if the County wishes to own it. VI. PROTECTION OF PUBLIC All Work done under this Permit shall be done in a thorough and workman-like manner. In the performance of any Work,including without limitation,the opening of trenches and the tunneling under county roads,right-of way or other county property,the Permittee shall leave such trenches, ditches and tunnels in such a way as to interfere as little as possible with public travel and shall take all due and necessary precautions to guard the same,so that damage or injury shall not occur or arise by reason of such Work;and where any of such trenches,ditches and tunnels are left open at night, the Permittee shall place warning lights, barricades and other appropriate protective devices at such a position as to give adequate warning of such Work. The Permittee shall be liable for any injury to person or persons or damage to property sustained arising out of its carelessness or neglect,or through any failure or neglect to properly guard or give warning of any trenches, ditches or tunnels dug or maintained by the Permittee. VII. POLICE POWERS The County,in granting this Permit,does not waive any rights which it now has or may hereafter acquire with respect to county roads,rights-of-way or other county property and this Permit shall not be construed to deprive the county of any powers,rights or privileges which it now has or may hereafter acquire to regulate the use of and to control the county roads,right-of-way and other county property covered by this Permit. The County retains the right to administer and regulate activities of the Permittee up to the fullest extent of the law. The failure to reserve a particular right to regulate, or reference a particular regulation, shall not be interpreted by negative implication or otherwise to prevent the application of a regulation to the Permittee. VIII. RELOCATION Permittee shall, in the course of any Work, comply with the following requirements: A. The Permittee shall,by a time specified by the County,protect,support,temporarily disconnect,relocate,or remove any of its utility facilities when required by the County by reason of traffic conditions; public safety; road right-of-way construction; road right-of-way repair (including resurfacing or widening);change of road right-of-way grade;construction,installation, or repair of County-owned sewers, drains, water pipes, power lines, signal lines, tracks, communications system,other public work,public facility,or improvement of any government- owned utility; road right-of-way vacation; or for any other purpose where the County work involved would be aided by the removal or relocation of the utility facilities. Collectively,such matters are referred to below as the "public work." 6 Permittee acknowledges and understands that any delay by Permittee in performing the above described work may delay, hinder, or interfere with the work performed by the County and its contractors and subcontractors done in furtherance of such Public Work and result in damage to the County,including but not limited to,delay claims. Permittee shall cooperate with the County and its contractors and subcontractors to coordinate such Permittee work to accommodate the Public Work project and project schedules to avoid delay,hindrance of,or interference with the Public Work. The County shall make available to the Permittee a copy of the Six Year Transportation Program and the County's annual construction program after adoption each year. It is anticipated these programs will aid the Permittee in planning construction programs. B. Permittee has a duty to protect its utility facilities from work performed by the County within the road rights-of-way. The rights granted to the Permittee herein do not preclude the County,its employees,contractors,subcontractors,and agents from blasting,grading,excavating, or doing other necessary road work contiguous to Permittee's utility facilities;providing that,the Permittee shall be given a minimum of forty-eight(48)hours notice of said blasting or other work in order that the Permittee may protect its utility facilities. C. In the event of an emergency,or where the utility facility creates or is contributing to an imminent danger to health,safety,or property,the County may protect,support,temporarily disconnect, remove, or relocate any or all parts of the utility facility without prior notice, and charge the Permittee for costs incurred. D. If any Person that is authorized to place facilities in the road right of way requests the Permittee to protect,support,temporarily disconnect,remove,or relocate the Permittee's utility facilities to accommodate the construction, operation, or repair of the facilities of such other person, the Permittee shall, after 30 days' advance written notice, take action to effect the necessary changes requested; provided that, if such project is related to or competes with Permittee's service,or if the effect of such changes would be to permanently deprive Permittee of the beneficial enjoyment of this Permit for its intended purposes through interference with the operation of Permittee's utility facilities or otherwise,Permittee shall not be required to relocate its utility facilities. Unless the matter is governed by a valid contract or a state or federal law or regulation,or unless the Permittee's utility facilities were not properly installed,the reasonable cost of the same shall be borne by the Person requesting the protection, support, temporary disconnection,removal,or relocation at no charge to the County, even if the County makes the request for such action. E. The Permittee shall, on the request of any person holding a valid permit issued by a governmental authority,temporarily raise or lower its wires to permit the moving of buildings or other objects. The expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting the same. 7 The County of Mason will accept liability for direct and actual damages to said Permittee that are the result of the negligence of Mason County, its trustees, officers, employees, contractors, subcontractors or agents while performing County improvement or Public Works projects enumerated in Section VR paragraph B. Direct and actual damages are specifically limited to physical damage to properly installed and located infrastructure of the Permittee and the cost to repair such physical damage. Mason County retains the right to assert all applicable defenses in the event of a dispute including contributory_negligence on the part of the Permittee. Mason County shall in no way be liable for incidental damages claimed to arise from such actions. All Work to be performed by the Permittee under this section shall pass the inspection of the County Engineer. The Permittee shall pay all costs of and expenses incurred in the examination, inspection and approval of such work. IX. PRESERVATION OF MONUMENTS/MARKERS Before any Work is performed under this permit which may affect any existing monuments or markers of any nature relating to subdivisions, plats,roads and all other surveys, the Permittee shall reference all such monuments and markers. The reference points shall be so located that they will not be disturbed during the Permittee's Work and operations under this Permit. The method of referencing these monuments or other points to be referenced shall be approved by the County Engineer. The replacement of all such monuments or markers disturbed during construction shall be made as expeditiously as conditions permit in accordance with RCW 58.24 and WAC 332-120, and as directed by the County Engineer. The cost of monuments or other markers lost, destroyed, or disturbed, and the expense of replacement by approved monuments shall be borne by the Permittee. A complete set of reference notes for monument and other ties shall be filed with the office of the Mason County Engineer. X. VACATION OF ROAD RIGHT-OF-WAY If at any time the County shall vacate any County road or right-of-way or other County Property which is subject to rights granted by this Permit and said vacation shall be for the purpose of acquiring the fee or other property interest in said road or right-of-way for the use of the County, in either its proprietary or governmental capacity, then the Board of Mason County Commissioners may,at its option,and by giving thirty(30)days written notice to the Permittee, terminate this Permit with reference to such county road right-of-way or other County property so vacated,and the County of Mason shall not be liable for any damages or loss to the Permittee by reason of such termination. It has been the practice of Mason County to reserve easements for utilities at the time of road vacation,and will continue to be the practice until such time the Board of Mason County Commissioners direct a change of practice. 8 XI.FINANCIAL SECURITY A. Insurance It is intended that the following insurance requirements shall apply to the person performing the Work in the road right-of-way. Permittee and Permittee's contractors shall not perform or cause to be performed any Work, unless and until Permittee (to the extent Permittee performs any of the Work in the road right-of-way) or its contractors (to the extent Permittee's contractor performs any of the Work in the road right-of-way)provide certificates of insurance evidencing that Permittee or Permittee's contractors are in compliance with the following requirements, including,maintaining insurance in at least in the following amounts: 1.COMMERCIAL GENERAL LIABILITY insurance to cover liability,bodily injury,and property damage. The Commercial General Liability insurance shall be written on an occurrence basis, with an aggregate limit location endorsement for the Permit Area, and shall provide coverage for any and all costs,including defense costs,and losses and damages resulting from personal injury,bodily injury and death,property damage,products liability and completed operations arising out of the Work. Coverage must be written with the following limits of liability: Bodily and Personal In M&Property Damage $ 1,000,000 per Occurrence $ 2,000,000 aggregate 2 WORKERS'COMPENSATION insurance shall be maintained by Permittee's contractor to comply with statutory limits for all employees,and in the case any work is sublet, the contractor shall require its subcontractors similarly to provide workers' compensation insurance for all the employees. 3.COMPREHENSIVE AUTO LIABILITY insurance shall include owned,hired, and non-awned vehicles on an occurrence basis with coverage of at least $500,000 per occurrence. The required insurance shall be maintained from the time that Work in the road right-of-way commences until the Work is complete and the utility permit issued for said Work has been released by the County Engineer,or his or her designee. If the Permittee or its contractors and subcontractors do not have the required insurance, the County may require such entities to stop operations until the insurance is obtained and approved. Permittee shall, or shall cause its contractors to, file with the application for a utility permit, certificates of insurance reflecting evidence of the required insurance in a form and content approved by the County's Risk Manager. All coverage shall be listed on one certificate with the same expiration dates. 9 The certificates shall contain a provision that coverages afforded under these policies will not be canceled until at least 30 days'prior written notice has been given to the County. In the event that the insurance certificate provided indicates that the insurance shall terminate or lapse during the period of the Work,then, in that event, the Permittee shall furnish, at least 30 days prior to the expiration of the date of such insurance, a renewed certificate of insurance as proof that equal and like coverage has been or will be obtained prior to any such lapse or termination during the balance of the period of the Permit. The County reserves the right, during the term of the Permit, to require any other insurance coverage or adjust the policy limits as it deems reasonably necessary utilizing sound risk management practices and principals based upon the loss exposures. Each insurance policy required pursuant to this Permit shall be primary and non-contributing as respects any coverage maintained by the County and shall include an endorsement reflecting the same. Any other coverage maintained by County shall be excess of this coverage herein defined as primary and shall not contribute with it. The certificate of insurance must reflect that the above wording is included in all such policies. Each insurance policy obtained pursuant to this Permit shall be issued by financially sound insurers who may lawfully do business in the State of Washington with a financial rating at all times during coverage of no less than rating of"A" and a class of"X" or better in the latest edition of"Best's Key Rating Guide"published by A.M.Best Company,or such other financial rating or rating guide approved in writing by the County's risk manager. In the event that at any time during coverage,the insurer does not meet the foregoing standards,Permittee shall give or shall cause its contractors to give prompt notice to the County and shall seek coverage from an insurer that meets the foregoing standards. The County reserves the right to change the raring or the rating guide depending upon the changed risks or availability of other suitable and reliable rating guides. Comprehensive general liability insurance policies and coverage obtained pursuant to this Permit shall include an endorsement(standard ISO form CG 24-17)deleting all exclusions for work or incidents occurring within any distance from a railroad track or railroad property,or on,over,or under a railroad track. Insurance policies required pursuant to this Permit shall have no non-standard exclusions unless approved of by the County Risk Manager or designee. Commercial general liability insurance policies obtained pursuant to this Permit shall name the County as an additional insured without limitation,pursuant to an endorsement approved of by the County's Risk Manager or designee. Permittee or Permittee's Contractors' insurers, through policy endorsement, shall waive their rights of subrogation against the County for all claims and suits. The certificate of insurance must reflect this waiver of subrogation rights endorsement. 10 B. Contractor Bond. All contractors performing Work on behalf of Permittee shall be licensed and bonded. C. Limitation of Liability. to the fullest extent permitted by law, permittee shall, and shall cause its contractor(s) only as to subsection (9)below, to release, indemnify, defend and hold harmless the county and the county's legal representatives,officers(elected or appointed), employees and agents (collectively, "indemnitees") for, from and against any and all claims, liabilities, fines, penalties, costs, damages, losses, liens, causes of action, suits, demands, judgments and expenses(including,without limitation,court costs,attorneys' fees,and costs of investigation, removal and remediation and governmental oversight costs), environmental or otherwise(collectively"liabilities")of any nature, kind, or description,of any person or entity, directly or indirectly, arising out of,resulting from,or related to(in whole or in part): 1. this permit; 2. any rights or interests granted pursuant to this permit; 3. permittee's occupation and use of the road right of way; 4. permittee's operation of its utility facilities; 5. the presence of utility facilities within the right of way; 6. the environmental condition and status of the road right-of-way caused by, aggravated by,or contributed to, in whole or in part, by permittee or its agents; or 7. the acts,errors,or omissions of third parties when arising out of the,installation, construction, adjustment, relocation,replacement, removal, or maintenance of such third party utility facilities within the road rights-of-way when such work is performed under authority of the operator's utility permit or at the direction or under the control of the operator; or 8. any act or omission of permittee or permittee's agents; or 9.any act or omission of contractor or its employees, agents,or subcontractors when arising out of the work. Even if such liabilities arise from or are attributed to, in whole or in part,any negligence of any indemnitee. The only liabilities with respect to which permittee's obligation to indemnify the indemnitees does not apply are liabilities to the extent proximately caused by the sole negligence or intentional misconduct of an indemnitee or for liabilities that by law the indemniteees cannot be indemnified for. 11 Upon written notice from the county, permittee agrees to assume the defense of any lawsuit or other proceeding brought against any indemnitee by any entity,relating to any matter covered by this permit for which permittee has an obligation to assume liability for and/or save and hold harmless any indemnitee. Permittee shall pay all costs incident to such defense,including,but not limited to,attorneys'fees,investigators'fees,litigation and appeal expenses,settlement payments and amounts paid in satisfaction of judgments. Permittee willfully satisfy said judgment within ninety (90) days after said suit or action shall have finally been determined if determined adversely to mason county. upon the permittee's failure to satisfy said judgment within the ninety (90)day period,this permit shall at once cease and terminate and the county of mason shall have a lien upon permittee's utility facilities and all other facilities used in the construction, operation and maintenance of the permittee's utility system which may be enforced against the property for the full amount of any such judgment so taken against any of the indemnitees Acceptance by the County of any Work performed by the Permittee at the time of completion shall not be grounds for avoidance of this covenant. XII. PERMIT NONEXCLUSIVE This Permit shall not be deemed to be an exclusive Permit. It shall in no manner prohibit the County of Mason from granting rights to other utilities under,along,across,over and upon any of the County roads, rights-of-way or other County property subject to this Permit and shall in no way prevent or prohibit the County of Mason from constructing, altering,maintaining or using any of said roads rights-of-way,drainage structures or facilities,irrigation structures or facilities, or any other county property or affect its jurisdiction over them or any part of them with full power to make all necessary changes, relocations, repairs, maintenance, etc., the same as the County may deem fit. XM. SUCCESSORS AND ASSIGNS All the provisions, conditions, regulations and requirements herein contained shall be binding upon the successors and assigns of the Permittee and all privileges,as well as all obligations and liability of the Permittee, shall inure to its successors and assigns equally as if they were specifically mentioned wherever the Permittee is mentioned. Any reference in this Permit to a specifically named party shall be deemed to apply to any successor,heir,administrator,executor or assign of such party who has acquired its interest in compliance with the terms of this Permit or under law. XIV. TRANSFER/ASSIGNMENT Permittee may assign or transfer this Permit by contacting the County of Mason to obtain an Assignment Agreement. The Agreement must be signed and delivered back to the County of Mason. Assignees shall thereafter be responsible for all obligations of Permittee with respect to the Permit and guaranteeing performance under the terms and conditions of the Permit and that transferee will be bound by all the conditions of the Permit and will assume all the obligations of its predecessor. 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D. Termination upon Removal of Utility Facilities. This Permit and all of the rights, duties and obligations contained herein, shall terminate upon removal of all Permittee utility facilities from the road right-of-way or abandonment and de-commissioning in place to the reasonable satisfaction of and in the manner approved by the County Engineer and restoration of the road right-of way to the satisfaction of the County Engineer. E. Effect of Termination_ On or before the effective date of termination or as otherwise mutually agreed to by the Parties,Permittee shall remove its utility facilities from the road rights- of-way and restore the road rights-of-way to the reasonable satisfaction of the County Engineer. In lieu of removal, the County Engineer may authorize abandonment in place and de- commissioning of the utility facilities in the manner approved by and to the reasonable satisfaction of the County Engineer. In the event that the Permittee fails to timely and completely perform such work,the County may perform or complete such work at the cost of the Permittee and Permittee shall be obligated to reimburse the County for such work within 30 days of invoice by the County. F. Remedies. In addition to the right of the County to terminate this Permit,the County has the right to exercise any and all of the following remedies, singly or in combination,in the event of Default. "Default"shall mean any failure of Permittee or its agents to keep,observe or perform any of Permittee's or its agent's duties or obligations under this Permit: 1. Damages. Permittee shall be liable for any and all damages incurred by County. 2. Specific Performance. County shall be entitled to specific performance of each and every obligation of Permittee under this Permit without any requirement to prove or establish that County does not have an adequate remedy at law. Permittee hereby waives the requirement of any such proof and acknowledges that County would not have an adequate remedy at law for Permittee's commission of an Event of Default hereunder. 3. Injunction. County shall be entitled to restrain, by injunction, the actual or threatened commission or attempt of an Event of Default and to obtain a judgment or order specifically prohibiting a violation or breach of this Permit agreement without, in either case, being required to prove or establish that County does not have an adequate remedy at law. Permittee hereby waives the requirement of any such proof and acknowledges that County would not have an adequate remedy at law for Permittee's commission of an Event of Default hereunder. 4. Alternative Remedies. Neither the existence of other remedies identified in this Permit nor the exercise thereof shall be deemed to bar or otherwise limit the right of the County to commence an action for equitable or other relief and/or proceed against Permittee and any guarantor for all direct monetary damages, costs and expenses arising from the Default and to recover all such damages,costs and expenses,including reasonable attorneys'fees.Remedies are 14 cumulative; the exercise of one shall not foreclose the exercise of others. XVII. SUBSEQUENT ACTION The County reserves for itself the right at any time upon ninety(90) days written notice to the Permittee, to so change, amend, modify or amplify any of the provisions or conditions herein enumerated to conform to any state statute or county regulation,relating to the public welfare, health, safety or highway regulation, as may hereafter be enacted, adopted or promulgated. XVHI. ACCEPTANCE Permittee shall execute and return to County a signed acceptance of the Permit granted hereunder. The acceptance shall be in the form of the acceptance attached hereto as Exhibit "A", and in accepting the Permit,Permittee warrants that it has carefully read the terms and conditions of this Permit and accepts all of the terms and conditions of this Permit and agrees to abide by the same and acknowledges that it has relied upon its own investigation of all relevant facts,that it has had the assistance of counsel or an opportunity to have assistance of counsel,that it was not induced to accept a Permit,that this Permit represents the entire agreement between the Permittee and the County.In the event the Permittee fails to submit the acceptance as provided for herein within the time limits set forth in this section,the grant herein is and shall become null and void. XIX. RECORDING OF MEMORANDUM OF PERMIT The Parties agree that a"Memorandum of Permit" in substantially the form attached hereto as Exhibit"A",shall be filed for record with the Office of the Mason County Auditor upon written acceptance by the Permittee. The cost and expense of such filing shall be borne by the Permittee if not already included in the fee for issuance of this Permit. Notwithstanding the foregoing,this Permit is not intended nor shall it be construed to create an interest in land or constitute the grant or conveyance of a real property interest by the County to the Permittee. The requirements of this Section XIX are intended solely to provide notice of the existence of this Permit and the terms and conditions there under, including inter-alia,the limitations upon assignment of the Permit. Permittee shall at the time of its acceptance of this Permit identify the assessor's tax identification number of the parcel or parcels benefited by this Permit and a legal description of each such parcel to be included in the Memorandum of Permit. XX. MISCELLANEOUS PROVISIONS A. Controlling Law/Venue. Any disputes concerning the application or interpretation of any of the provisions of this Permit shall be governed by the laws of the State of Washington. Venue of any action or arbitration brought under this Permit shall be in Mason County, Washington or the Western District of Washington if an action is brought in federal court, provided;however, that venue of such action is legally proper. 15 B. Liens. Permittee shall promptly pay and discharge any and all liens arising out of any Work done,suffered or permitted to be done by Permittee on any Permit area. C. Waiver. No waiver by either parry of any provision of this Permit shall in any way impair the right of such party to enforce that provision for any subsequent breach,or either parry's right to enforce all other provisions of this Permit. D.Attorney's Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Permit, the substantially prevailing Party or Parties shall be entitled to reasonable attorney's fees,costs and necessary disbursements in addition to any other relief to which such Party or Parties may be entitled. E. Amendment. This Permit may be amended only by a written contract signed by authorized representatives of Permittee and County of Mason. F. Severability. If any provision of this Permit is held to be illegal, invalid or unenforceable under present or future laws,such provision will be fully severable and this Permit will be construed and enforced as if such illegal,invalid or unenforceable provision is not a part hereof, and the remaining provisions hereof will remain in full force and effect. In lieu of any illegal,invalid or unenforceable provision herein,there will be added automatically as a part of this Permit,a provision as similar in its terms to such illegal,invalid or unenforceable provision as may be possible and be legal,valid and enforceable. G. Joint and Several Liability. Permittee acknowledges that, in any case in which Permittee and Permittee's contractors are responsible under the terms of this Permit, such responsibility is joint and several as between Permittee and any such Permittee's contractors; provided that,the Permittee is not prohibited from allocating such liability as a matter of contract. H. Notices. Any notice contemplated, required, or permitted to be given under this Permit shall be sufficient if it is in writing and is sent either by: (a)registered or certified mail, return receipt requested; or(b) a nationally recognized overnight mail delivery service, to the Party and at the address specified below, except as such Party and address may be changed by providing no less than thirty(30)days'advance written notice of such change in address. Permittee: Taylor Zillyett 33 Eileen Ln Montesano WA, 98563 Attn: Taylor Zillyett Grantor: Mason County Public Works 100 W Public Works Drive Shelton, WA 98584 16 I. Approvals. Nothing in this Permit shall be deemed to impose any duty or obligation upon the County to determine the adequacy or sufficiency of Permittee's plans and specifications or to ascertain whether Permittee's proposed or actual construction, installation, testing, maintenance,repairs,replacement,relocation,adjustment or removal is adequate or sufficient or in conformance with the plans and specifications reviewed by the County. No approval given, inspection made, review or supervision performed by the County pursuant to this Permit shall constitute or be construed as a representation or warranty express or implied by County that such item approved, inspected,or supervised, complies with laws,rules regulations or ordinances or this Permit or meets any particular standard,code or requirement,or is in conformance with the plans and specifications,and no liability shall attach with respect thereto.County and inspections as provided herein, are for the sole purpose of protecting the County's rights as the owner and manager of the road rights-of-way and shall not constitute any representation or warranty,express or implied, as to the adequacy of the design, construction, repair, or maintenance of the utility facilities, suitability of the permit area for construction, maintenance, or repair of the utility facilities, or any obligation on the part of the County to insure that work or materials are in compliance with any requirements imposed by a governmental entity. County is under no obligation or duty to supervise the design, construction, installation, relocation, adjustment, realignment,maintenance,repair,or operation of the utility facilities. J. Force Majeure. Neither Party hereto shall be liable to the other Party for any failure to perform an obligation set forth herein to the extent such failure is caused by war,act of terrorism or an act of God, provided that such Party has made and is making all reasonable efforts to perform such obligation and minimize any and all resulting loss or damage. K. Construction. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the Party or Parties may require. The provisions of this Permit shall be construed as a whole according to their common meaning, except where specifically defined herein, not strictly for or against any party and consistent with the provisions contained herein in order to achieve the objectives and purposes of this Permit. L. Incorporation by Reference. All exhibits annexed hereto at the time of execution of this Permit or in the future as contemplated herein,are hereby incorporated by reference as though fully set forth herein. M. Calculation of Time. All periods of time referred to herein shall include Saturdays, Sundays, and legal holidays in the State of Washington,except that if the last day of any period falls on any Saturday, Sunday, or legal holiday in the State of Washington, the period shall be extended to include the next day which is not a Saturday,Sunday,or legal holiday in the State of Washington. 17 N. Entire Agreement. This Permit is the full and complete agreement of County and Permittee with respect to all matters covered herein and all matters related to the use of the Permit Area by Permittee and Permittee's Contractors, and this Permit supersedes any and all other agreements of the Parties hereto with respect to all such matters,including,without limitation,all agreements evidencing the Permit. O. No Recourse. Without limiting such immunities as the County or other persons may have under applicable law, Permittee shall have no monetary recourse whatsoever against the County or its officials,boards,commissions,agents,or employees for any loss or damage arising out of the County's exercising its authority pursuant to this Permit or other applicable law. P. Responsibility for Costs. Except as expressly provided otherwise, any act that Permittee is required to perform under this Permit shall be performed at its cost. If Permittee fails to perform work that it is required to perform within the time provided for performance,the County may perform the work and bill the Permittee. The Permittee shall pay the amounts billed within 30 days. Q. Work of Contractors and Subcontractors. Work by contractors and subcontractors are subject to the same restrictions, limitations,and conditions as if the Work was performed by the Permittee. The Permittee shall be responsible for all Work performed by its contractors and subcontractors,and others performing Work on its behalf,under its control,or under authority of its utility permit, as if the work were performed by it and shall ensure that all such work is performed in compliance with this Permit,Title 12 MCC,the Manual and other applicable law, and shall be jointly and severally liable for all damages and correcting all damage caused by them. It is the Permittee's responsibility to ensure that contractors, subcontractors, or other Persons performing work on the Permittee's behalf are familiar with the requirements of the Permit, Title 12 MCC,the Manual,and other applicable laws governing the work performed by them and further, for ensuring that such contractors and subcontractors maintain insurance as required herein. R. Survival of Terms. Upon the termination of the Permit,the Permittee shall no longer have the right to occupy the Permit area. However,the Permittee's obligations under this Permit to the County shall survive the termination of these rights according to its terms for so long as the Permittee's utility facilities shall remain in whole or in part in the road rights-of-way,except to the extent the County Engineer has approved abandonment in place. By way of illustration and not limitation, Permittee's obligations to indemnify, defend and hold harmless the County, provide insurance and a performance/payment bond pursuant to Section XI and Permittee's obligation to relocate its utility facilities pursuant to Section VIII,shall continue in effect as to the Permittee, notwithstanding any termination of the Permit, except to the extent that a County- approved transfer, sale, or assignment of the utility system is completed, and another entity has assumed full and complete responsibility for the utility facilities or for the relevant acts or omissions. 18 DATED at Shelton,Washington this day of , 20 APPROVED: BOARD OF COMMISSIONERS MASON COUNTY, WASHINGTON County Engineer Chair Approved as to form: Vice Chair Chief D.P.A. Commissioner 19 RECORDED AT THE REQUEST OF AND AFTER RECORDING RETURN TO: County of Mason 100 West Public Works Drive Shelton WA 98584 Attn: County Engineer EXIT "A" MEMORANDUM OF PERMIT Title: Private Line Occupancy Permit Grantor: COUNTY OF MASON, a legal subdivision of the state of Washington Grantee: Description of Franchise Area: SEE EXHIBIT A-4 A-1 ACCEPTANCE OF PERMIT Private Line Utility Occupancy Permit effective 920 LVe,Taylor zizlyettam/our the Property Owner of parcel(s) 51901-52-02006 519 01-5 2-01011 and Uwe am/are the(Operator and)or(representative authorized to) accept Permit on behalf of Owner Uwe certify that this Permit and all terms and conditions thereof are accepted by Myse1 f without qualification or reservation and guarantee performance hereunder. I/We certify that,to the best of my/our knowledge, the assessor's tax identification number of the parcel or parcels benefited by this Permit and a legal description of each such parcel are as described in the attached exhibit. DATED this T� day of cg - , 207—X_. PERMITTEE(S) By: for 2 11 / Title: caner STATE OF /A5Pi--610--A ) COUNTY OF I certify that I know or have satisfactory evidence that � �L- �L�i/i -� l is the person who appeared before me, and said person acknowledged that he/she signed this instrument,on oath stated that he/she was authorized to execute the instrument and acknowledged it as the Qtd,) {,X of the ''NM�,�((" � to be the free and voluntary act of such party for the uses and pure seess mentioned in the instrument. Dated: MICHELLE L. TAYLOR ; Notary P j0ic eg— NOTARY PUBLIC Print Name STATE OF WASHINGTON i My commission expires COMMISSION No.20106796 My commfssion Mires:April 01,2024 L ............................8 MEMORANDUM OF PRIVATE LINE UTILITY OCCUPANCY PERMIT A-2 THIS MEMORANDUM OF PERMIT is dated as of the_day of ,20_ between the County of Mason, a legal subdivision of the state of Washington("County")and (Permittee"). 1. Pro e . County has,pursuant to Private Line Utility Occupancy Permit granted to Permittee,the right,revocable at the will of the County,to use and occupy certain road rights- of-way for the construction,installation,adjustment,maintenance,removal,repair,relocation and operation of Permittee's utility facilities for the benefit of the herein described Property,upon the terms and conditions of that certain permit agreement between the parties accepted the day of , 2020 (the"Permit"), which terms and conditions are incorporated herein by this reference. The property to be benefited by this permit is situated in the Mason County, Washington, legally described in Exhibit A attached hereto(herein called the"Property"). The road right-of-way permit area("Permit Area") is also described in attached Exhibit A. 2. Term. The term of the Permit is in perpetuity unless terminated. 3. Termination. County in its sole discretion may terminate all or part of the Permit with or without cause upon no less than ninety(90)days written notice to the Permittee. Further, this Permit will automatically terminate upon assignment without the prior written consent of the County, or upon transfer of the Property without the prior written consent of the County to an assignment of the Permit or upon transfer of all or part of the utility facilities located in the Permit Area without the prior written consent of the County to an assignment of the Permit. 4. Purpose of Memorandum of Permit. This memorandum of permit is prepared for the purpose of recordation and notice and in no way modifies the Permit and is in no way intended to or should be construed to create or convey an interest in land or the road right-of-way. DATED this day of ,20 COUNTY OF MASON County Engineer Approved as to form: Chief D.P.A. A-3 FORM OF MEMORANDUM OF PERMIT Permit Area Map N •L Cy Parcel#519015201011 1 ybrr�SJ V �dy �x 3 olcp 1J Gabe �a t VN e VN sell", 50 W Lost Lake View Dr Parcel#519015202006 k� I � F I � _ x F6 Zillyett PLO 50 W Lost Lake View Dr A-4 MASON COUNTY BRIEFING ITEM SUMMARY FORM To: Board of Mason County Commissioners From: Dan Teuteberg Department: WSU Extension Ext: 686 Briefing Date: January 24, 2022 Previous Briefing Dates: If this is a follow-up briefing, please provide only new information Internal Review (please check all that apply): F1 Budget/Finance Human Resources Legal ❑ Information Technology ❑ Other — please explain Item: Explanation of 2022 Washington State University Extension - Mason County "Memorandum of Agreement"Appendix A Form. Executive Summary: (If applicable, please include available options and potential solutions) Request signature of the chair on the "Memorandum of Agreement" Appendix A between Mason County and Washington State University Extension. "Memorandum of Agreement"Appendix A provides funding for WSU Extension to provide programs in Mason County based upon the 2022 budget. Budget Impact: WSU Extension budget impact of $87,684 (included in the 2022 adopted budget). Public Outreach: (Include any legal requirements, direct notice, website, community meetings, etc.) Recommended/Requested Action: Recommend that the board approves to place the 2022 "Memorandum of Agreement"Appendix A between Mason County and Washington State University Extension on the consent agenda for signature. Attachments: 1. 2022 Memorandum of Agreement Appendix A between Washington State University Extension and Mason County. MEMORANDUM OF AGREEMENT Between WASHINGTON STATE UNIVERSITY EXTENSION And Mason County APPENDIX A The following funds will be provided under this Memorandum of Agreement for the period January 1, 2022 through December 31,2022 to provide an extension program. Federal Funds $0.00 Non-Federal Funds $ 87,684.00 TOTAL FUNDS $ 87,684.00 It is understood that non-Federal funds provided by the County in support of this agreement may be identified by WSU as match for Federal capacity program(Hatch Act, Smith-Lever Act, etc.)funds received by WSU to support Extension activities. Dr.Vicki McCracken Date Kevin Shutty Date Associate Dean and Director Chair,Mason County Commission WSU Extension Daniel G. Nordquist Date Associate Vice President Office of Research Support and Operations November 8, 2021