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2022/02/28 - Briefing Packet
MASON COUNTY COMMISSIONER BRIEFING INFORMATION FOR THE WEEK OF February 28, 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. ��Sprl co .. 1854 To be in compliance with Proclamation by the Governor 20-25.14 and Order of the Secretary of Health 20- 03.3,in-person attendance is restricted. Our Commission meetings are live streamed at http//www.masonwebtv.com/and we will accept public comment via email►nsmith(dmasoncountywa.gov;or mail to Commissioners Office,411 North 5 h Street, Shelton,WA 98584;or call 360427-9670 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 February 28,2022 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,February 28, 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. Support Services—Mark Neary 10:05 A.M. Superior Court—Judge Goodell/Jim Madsen 10:15 A.M. Community Services—Dave Windom 10:30 A.M. Public Works—Loretta Swanson Utilities&Waste Management Commissioner Discussion—as needed Tuesday,March 1,2022 Commission Chambers 10:00 A.M. Finance Committee Meeting 6:00 P.M. Public Hearing—Belfair Sewer Extension Briefing Agendas are subject to change,please contact the Commissioners'office for the most recent version. Last printed 02/24/22 at 9:15 AM If special accommodations are needed,contact the Commissioners'office at Shelton(360)427-9670 ext.419 TEMPORARILY WORKING IN A HIGHER CLASS/ - -- RELEIV&OT OF CLASS/LEAD PAY - REQUEST FORM ❑Out of Class Pay B 1 2022 ❑Lead Pay 0 Working in a Higher Class Mason County All out of class, le /,fbisteMpnEq0g1vptking in a higher class pay requests must be submitted by the department head or elected official on this form to Human Resources for review and final approval by the Board ofiCounty Commissioners, r� for to the assignment of additional duties. Employee Name: Aracell Witz Employee Job Title: Cashier Department: Treasurer Please insert the lead,out of class or temporarily working in a higher class pay language from the Collective Bargaining Agreement if applicable: AFSCME Contract-Article 10 - Other Compensation - 10.3 Work in a higher Classification Supervisor may assign an employee to perform the primary duties of a higher classification when those duties are not part of the employee's current job classification,for the purpose of providing work coverage for an authorized leave of absence.The employee shall be paid on the step & range that provides at least a 5% increase. What specific job duties this employee will be performing outside of their current position description and for how long: Issuance, redemption, balancing and reporting of county/district warrants Expected length of time: 4 months Effective Date: March 1 , 2022 End Date: July 31 , 2022 *Attach a copysofthe employee's cu�rent'eosrtlon d;escnpti;on* Manager/Supervisor of Department Signature: Date: Department Head/ ected Official ignatur tit Date: 1 V J - Support Services Director Signat re: DateY� BOCC or Elected Official Signature: Date: cc:CMMRS/Elected Official/Department/Payroll MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Jennifer Beierle DEPARTMENT: Support Services EXT: 532 BRIEFING DATE: February 28, 2022 PREVIOUS BRIEFING DATES: March 22, 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 ❑ Other — please explain Audit Committee ITEM: Comparison of ER&R and Motor Pool cost analysis and projection EXECUTIVE SUMMARY: In March of 2020, the Current Expense, Health Services, and Information Technology Departments began using an outside service for their fleet management needs and separated service from the internal Equipment, Rental, & Revolving Fund (ER&R). A 10-year plan was created prior to the separation to show the estimated cost savings of moving the fleet to an outside lease through Enterprise. The plan has now been updated to include 2020 & 2021 Motor Pool actual expenditures and average ER&R actual 2018 & 2019 expenditures of direct/indirect costs by vehicle type: Police Pursuit Vehicle (PPV) or White Fleet (WF). The 2018 & 2019 average ER&R expenditure source is the cash reconciliation that was briefed to the BOCC on March 8th of 2021. New Assumptions included in this analysis include: • The 2018 & 2019 average ER&R actual expenditures and 2022 through 2029 Motor Pool projections have been inflated by the December 2021 Bremerton CPI-U of 7.6% • Motor Pool Fuel has been projected at the 2021 actual rate of$3.67 a gallon • ER&R Fuel is estimated using the 2021 average fuel cost in CAMS of $2.97 a gallon Included with this analysis is an explanation of the change in Motor Pool Inventory. There were 108 vehicles included in the 2021 Motor Pool analysis. The number presented in this analysis has changed to 112 due to the transfer of ownership of two vehicles from ER&R to Motor Pool at the beginning of 2022 and two Sheriff special vehicles that were not included in ER&R's inventory but are maintained through Enterprise. BUDGET IMPACT: Estimated cost savings of approximately $300,000 a year PUBLIC OUTREACH: N/A RECOMMENDED OR REQUESTED ACTION: Request the Board review the Motor Pool Inventory, and the updated 10 year plans for PPV and Non-Emergency Response Vehicles ATTACHMENTS: 1. Motor Pool Inventory— Explanation of Change from 3/1/2020 to 3/1/2021 Briefing Summary 2/24/2022 2. 10 Year Plan — Mason County — Sheriff PPV — Fleet Planning Analysis 3. 10 Year Plan — Mason County — Non ERV — Fleet Planning Analysis Briefing Summary 2/24/2022 Motor Pool Inventory - Explanation of Change from 3/1/2021 to 3/1/2022 Additions or New Fleet Other Non- New Fleet Size at Owned Size at Department 3/1/2021 Vehicles Reason for Motor Pool Fleet Addition 3/1/2021 Sheriff- PPV 46 46 Sheriff-White Fleet 24 24 Narcotics van &SWAT van not included in ER&R Sheriff-Special Vehicles 1 2 inventory but included in MP 3 Assessor-White Fleet 5 5 Coroner-White Fleet 2 2 DCD- Building-White Fleet 6 6 DCD- Planning-White Fleet 2 2 Facilities-White Fleet 4 4 Health- Env-White Fleet 6 6 Health- Per-White Fleet 2 2 Parks-White Fleet 4 4 Probation -White Fleet 3 3 Prosecutor-White Fleet 1 1 DEM 1 1 #188 purchased from ER&R f (purchased with Motor Pool 11 2 Health Dept grant funds) transferred from ER&R to MP 3 Total Motor Pool Fleet 1081 4 112 Mason County - Sheriff PPV - Fleet Planning Analysis Updated with 2021 Motor Pool Actuals and ER&R Direct&Indirect Costs Averaged from 2018&2019 Actuals Price Inflator of 7.6%,December 2021,Bremerton CPI-U applied to ER&R Actuals&2022-2029 Motor Pool Projections Replace Owned Up Front Payoff to Net Cash Based Fleet Annua wrecked or Cycled Cycled Leased In AME in UpFrontAMEin Enterprisefor Estimated Estimated on ER&R 2018& Fiscal Year Size Needs out of service through through Owned Leased Progress Purchase Service at Progress at wrecked Lease Maintenance Equity Owned Equity at Lease Fuel Fleet Budget 2019 Actual vehicles Leases 12/31/2021 leased Vehicles Term (unplanned I Leases 12/31/2021 vehicles Average ER&R Actual Average 46 8 46 0 $595,400.80 $269,653.33 -$7532 $157,927 $1,015,449 2020 46 36 10 11 $0 $293,756 $55,148 $ 2,559 $ 89,439 $0 $0 $120,721 $561,623 $371,789 2021 46 4 21 25 3 $0 $283,047 $149,095 $ 188,790 $ 110,040 ($63,809) $0 $184,856 $852,019 $163,430 2022 46 7 3 8 38 $0 $322,827 $100,000 $ 383,878 $ 89,308 ($90,922) $0 $184,856 $989,946 $25,503 2023 46 4 1 4 42 $0 $161,413 $50,000 $ 424,286 $ 87,156 ($27,976) $0 $184,856 $879,735 $135,714 2024 46 6 1 6 4 42 $0 $225,979 $50,000 $ 456,531 $ 87,156 $0 $0 $184,856 $1,004,522 $10,927 2025 46 6 1 8 6 40 $0 $225,979 $50,000 $ 434,792 $ 88,232 ($49,496) $184,856 $934,362 $81,087 2026 46 15 1 15 6 40 $0 $516,523 $50,000 $ 434,792 $ 88,232 ($86,618) $184,856 $1,187,785 ($172,336) 2027 46 6 1 6 6 40 $0 $225,979 $50,000 $ 434,792 $ 88,232 ($49,496) $184,856 $934,362 $81,087 2028 46 6 1 6 6 40 $0 $225,979 $50,000 $ 434,792 $ 88,232 ($74,244) $184,856 $909,614 $105,835 2029 46 6 1 6 6 40 $0 $225,979 $50,000 $ 434,792 $ 88,232 ($74,244) $194,856 $909,614 $105,835 $2,707,461 $3,630,002 $908,870 Estimate Year Estimated Equity Each Owned Vehicle AME ESTIMATE 27,500.00 1 $4,500 AME w/Tax 30,002.50 2 $6,500 Depreciation 1.75% 3 $6,500 Average Purchase Price w/tax $69,168.31 4 $6,500 5 $6,500 Mason County - NON-ERV - Fleet Planning Analysis Updated with 2021 Motor Pool Actuals and ER&R Direct& Indirect Costs Average of 2018&2019 Actuals Price Inflator of 7.6%, December 2021 Bremerton CPI-U applied to ER&R Actuals&2022-2029 Motor Pool Projections Fiscal Year Fleet Size Annual through Cycled Owned Leased Leased In Purchase Service at Progress at Lease Maintenance Estimated Equity Estimated Equity Fuel Fleet Budget on ER&R Cycled Owned Up Front AME in Up Front AME in Net Cash Based Needs Leases through Progress 12/31/2021 12/31/2021 Owned Vehicles at Year 5 2019 Actual Leases Average ER&R Actual Average 66 9 66 0 $298,701 $0 $219,122.64 -$8,608 $78,989 $588,204 2020 62 31 31 7 $0 $70,223 $8,952 $74,309 $86,619 ($24,625) $0 $48,014 $263,492 $268,831 2021 64 26 38 3 $0 $56,804 $258,826 $16,645 ($29,942) $0 $84,452 $386,786 $201,418 2022 66 6 19 47 $0 $60,000 $331,424 $36,054 ($2,152) $0 $84,452 $509,779 $78,425 2023 66 4 15 51 $0 $40,000 $359,631 $33,828 ($8,070) $0 $84,452 $509,841 $78,363 2024 66 10 38 40 3 23 $0 $100,000 $174,513 $49,410 ($172,343) $84,452 $236,032 $352,172 2025 66 10 10 40 3 23 $0 $100,000 $174,513 $49,410 ($45,353) $84,452 $363,022 $225,182 2026 66 10 10 40 3 23 $0 $100,000 $174,513 $49,410 ($45,353) $84,452 $363,022 $225,182 2027 66 10 10 40 3 23 $0 $100,000 $174,513 $49,410 ($45,353) $84,452 $363,022 $225,182 2028 66 10 10 40 3 23 $0 $100,000 $174,513 $49,410 ($45,353) $84,452 $363,022 $225,182 2029 66 10 10 40 3 23 $0 $100,000 $174,513 $49,410 ($45,353) $84,452 $363,022 $225,182 a - KMM $2,105,122 Esimated Equity: $ 4,215 Per Vehicle Estimated Full Maintenance $ 359 Average Per Year per leased vehicle Owned Maintenance $ 876 per year Original New White Owned Fleet Fleet Size at at 3/1/2021 Department Additions or(Deletions)or other non-owned vehicles 3/2022 24 Sheriff-White Fleet 3 SORTTruck added In 2021,&Swat&Narcvan previoush/excluded from ER&R Inventory 27 5 Assessor-White Fleet 5 2 Coroner-White Fleet 2 6 DCD-Building-White Fleet 6 2 DCD-Planning-White Fleet 2 4 Facilities-White Fleet 4 6 Health-Env-White Fleet 6 2 Health-Per-White Fleet 2 4 Parks-White Fleet 4 3 Probation-White Fleet 3 1 Prosecutor-White Fleet 1 1 DEM 1 1 Motor Pool 2#188 purchasedf transferred from ER&R in 2022 3 61 5 66 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Jennifer Beierle DEPARTMENT: Support Services EXT: 532 BRIEFING DATE: February 28, 2022 PREVIOUS BRIEFING DATES: January 31, 2022 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 Public Works & Planning Department ITEM: Citizen inquiry to purchase parcel #32007-13-00050 off Johns Prairie Road EXECUTIVE SUMMARY: Mark Kamin has inquired about purchasing the County's 0.20 acre triangular shaped parcel off of Johns Prairie Road. Kamin Properties, LLC owns the two adjacent parcels. The shape and size of the property makes it not much use to the County but beneficial to the adjacent property owner. The County purchased the property in 1990 for $1,742.24. I have consulted with the Public Works and Planning Departments on this for any potential problems or conflicts, and both departments concur that there are none. Richard Beckman has weighed in on the value of the land: If buildable, the FMV is approximately $35-$45,000, if not buildable or cost prohibitive to build, the FMV is more in line with $3-$5,000. The Planning Department has expressed that based on the size of the land it is not developable for commercial development, therefore the value would fall in the range of$3-$5,000. BUDGET IMPACT: $3-$5,000 in one-time revenue PUBLIC OUTREACH: Contacted Richard Beckman Realty for an estimate of value RECOMMENDED OR REQUESTED ACTION: Request the Board review the request and set a public hearing date for April 12, 2022 to declare the property as surplus and designate Mark Neary to negotiate the selling price of the property with the potential buyer. ATTACHMENTS: 1990 Warranty Deed Briefing Summary 2/23/2022 � 544945 WARRANTY DEED 443 rF 1 ;3 GRANTORS: S. s a Properties a general partnership for and consideration of $1,742.24 (One Thousand Seven Hundred Forty Two and 24/100 ) Dollars, in hand paid, convoys and warrants to Mason County the Grantee_.,._, the following described real estate: All that portion of the North Half (N1/2) of the East Half (El/2) of the Southwest Quarter (SW1/4) of the Northeast Quarter (NEl/4) of Section 7, Township 20 North, Range 3 West, W.M., in Mason County, Washington, lying south of Johns Prairie Road; more particularly described as follows: Beginning at the Quarter Corner between Sections 7 and 8; thence N88'11'19"W a distance of 1,989.021 feet to a point on the Southeasterlyright-of-way line of the Johns Prairie Road; thence N41*24'52"E a distance of 295.007 feet to a point on a curve to the left having a radius of 5,729.578 feet, the radius point bears N48*35'08"W; thence along the arc of said curve 315.220 feet to a point of tangentcy; thence N38*15'44"E 225.329 feet, more or less, to the TRUE POINT OF BEGINNING; thence continuing N38*15'44"E a distance of 188.160 feet; AiFFtGAM thence S00*29'20"W 151.510 feet; thence N88*10'11"W 117.860 feet, more or W&... less, to the TRUE POINT OF BEGINNING; thence S64'05'43"E 1612.382 feet, more v&1w, nT_AM or less to the Quarter Corner common to Sections 7 and 8, Township 20 North, E. EI41PT Range 3 West, M.M., Mason County, Washington. Said parcel contains 8,928.48 square feet. FEB 16 V situated in the County of Mason, State of Washington. DORM RAL Dated February 6 A.D., 1990 S. 5 P. PROPERTIES — (company B Title: Y�l�l1P• STATE OF WASHINGTON, * ss. (CORPORATE ACKNOWLEDGEMENT) County of Mason On this _day of Fe4ATMr'(/ 19,yf1_,before me personally appeared Xrr dm^d ApfA4 ch , to me known to be the P.#,47'.ver of the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he_ is authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation . NO sic IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. F,HA11MpN�t1 t WXsIj I� fllE iio. tic .,� .� N ar P tic in and for the `r 0. ate of Wa hington, residing at RECOROED50 W6/b A VOL. qq3 M011 ij-7)-,,A �''�p �° in said County. My Commission Request 0"7-Usk 4 �� '-cis expires 'MIson Co. �j'�RY Mai Ct\WP50\1t0W\60•C0RP.ACK r sFc»)N r. /uwnrs 'l' �u "RTH, RANGE 3 W EST, `y M ra[Gro Q�q y� �iirS � s i_g IL C --•--• .�- - " t Wr i ro�iti ,� VI yh y't-rrrsa #1l~wr y IN!, HNS ~ ��'T�C H £.i ti 1 JO�� PRAIRIE �. �.,r,•,�.,,,,,,,,� ROAD aewrJ Pvr,���+�+� r: r w r-. 1/31122,,8:35 AM TerraScan TaxSifter-Mason County Washington �- MASON COUNT` , J( lllllllptotttIll Y WASHINGTON TAXSIFTER AV SIMPLE SEARCH SALES SEARCH REETSIFTER COUNTY HOME PAGE CONTACT DISCLAIMER PAYMENT CART(0) Patti McLean Mason County Assessor 411 N 5TH ST Shelton,WA 98584 Assessor Treasurer Appraisal MapSifter Parcel Parcel#: 32007-13-00050 Owner Name: MASON COUNTY DOR Code: 91 - Undeveloped - Land Addressi: MASON COUNTY COURTHOUSE Situs: Address2: 411 N 5TH ST Map Number: City,State: SHELTON WA Status: zip: 985843400 Description: N 1/2 E 1/2 SW 1/4 NE 1/4 LYING SLY OF R/W S 6/138 Comment: 2022 Market Value 2022 Taxable Value 2022 Assessment Data Land $3,690� Land: $01 District: i 0001 -Tax District 0001 Improvements I $0 Improvements. $01 Current Use/DFL: No -- - — - - t----- --- - - - - _ :Permanent Crop: $0 (Permanent Crop: $0 Total $3,690 (Total $01 Total Acres: 0.20000 Ownership Owner's Name Ownership% Owner Type MASON COUNTY 100 % - -,- , — Title Owner Sales History Sale Date Sales Document # Parcels Excise# Grantor i Grantee Price ---- - - - 5-- ------- _�^ I� 02/06/90 504945 1 S&P PROPERTIES MASON COUNTY $1,742 Building Permits No Building Permits Available Historical Valuation Info !Year Billed Owner Land Impr. iPermCrop Value jTotal lExempt Taxable 2022 MASON COUNTY $3,690 $0 $0 $3,690 $3,690 $0. View Taxes Parcel Comments No Comments Available Property Images No images found. httnc•//nrnnnrty macnnrnsintvwn nnvfTavSiftPr/AccaccnracnY?kavlci=4194979&narralNumher-32007-13-00050&tvnelD=1 1/2 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: John Taylor DEPARTMENT: DEM/Parks Manager EXT: 806/769 BRIEFING DATE: 2/28/22 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: Request $37,500 Current Expense funding for Parks staff EXECUTIVE SUMMARY: Historically the Parks Department has been staffed with four Parks maintenance staff and one administrative staff person. In the 2017 budget reductions, two maintenance positions (Maint. II & Maint. III) were eliminated. The Maint. II position was reinstated in 2018. In the fall 2021, an additional Maint II position was funded in the REET 2 Fund for Park's capital projects and staff completed restroom renovations in Foothills and Walker Parks. With the increased use of Parks and the start of ball season, we need to assign all Parks maintenance staff to routine operations of the Parks and that is not an allowable REET 2 expense. The request is to partially fund the existing REET 2 Maint II position from Current Expense so this position can work on routine operations of the Parks, specifically Sandhill Park. The County maintains 19 parks and as we come out of Covid restrictions and with the plan to add a multi-use field at Sandhill Park, park usage will increase. Park maintenance is critical to keeping the parks safe for public use and additional maintenance staff will be needed from Current Expense. BUDGET IMPACT: $37,500 from Current Expense PUBLIC OUTREACH: N/A RECOMMENDED OR REQUESTED ACTION: Approve the Current Expense funding request of $37,500 for Parks staff. ATTACHMENTS: None Briefmg Summary 2/23/2022 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Diane Zoren DEPARTMENT: Central Services Mng. EXT: BRIEFING DATE: 2/28/22 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: Approval for the County Administrator to sign the contract amendment to the RWD Landscape Architecture contract for work done to complete the PROST (Parks, Recreation, Open Space and Trails Plan) EXECUTIVE SUMMARY: This contract was entered into in July 2021 with an original quote of$50,000 and at the request of County staff (Ross McDowell), Bob Droll agreed to the sum of$48,500 and reserve $1,500 as a contingency. However, the $1,500 was not included in the contract. The contractor is requesting the $1,500 to complete the work on the PROST. BUDGET IMPACT: $1,500 to Current Expense PUBLIC OUTREACH: N/A RECOMMENDED OR REQUESTED ACTION: Place the approval of the $1,500 contract amendment on the March 15 agenda. I I i Briefing Summary 2/23/2022 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Diane Zoren DEPARTMENT: Central Services Mng. EXT: BRIEFING DATE: 2/28/22 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: Request from the Humane Society to use the Memorial Hall on Monday, March 7th and Tuesday, March 8th, 6:30 a.m. to 5:30 p.m. for a spay and neuter clinic. EXECUTIVE SUMMARY: The County has been contacted by the Humane Society to use the Memorial Hall on March 7 and 8 for a low cost spay and neuter clinic. They have looked at other locations but find the logistics/cost of the buildings do not fit the needs they have. The Humane Society has toured Memorial Hall and believe the space will fit their needs and they can share the space with the Veterans. The Veteran service hours are Monday through Wednesday 9 a.m. to 4 p.m. The Humane Society is unable to change their service dates due to the Veterinarian schedules. I have discussed this request with Pete Laserinko, Veteran Service Officer, and he was supportive of sharing the hall on these dates. BUDGET IMPACT: None PUBLIC OUTREACH: N/A RECOMMENDED OR REQUESTED ACTION: Approve the request for Humane Society to use the Memorial Hall on March 7 and 8 for a spay and neuter clinic. ATTACHMENTS: none Briefing Summary 2/23/2022 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Diane Zoren DEPARTMENT: Central Services Mng. EXT: BRIEFING DATE: February 28, 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: Washington State Association of Counties (WSAC) is requesting a meeting on April 6, 3 p.m. to 5 p.m. EXECUTIVE SUMMARY: Request from WSAC: Washington State Association of Counties (WSAC) is organizing their annual courthouse briefings for April. WSAC President Jamie Stephens and Eric Johnson, WSAC's Executive Director, will represent WSAC and possibly other WSAC's Executive Board members. They hope to hold one of our meetings in Mason County on Wednesday, April 6th, in the afternoon hours for possibly two hours, ideally from 3:00 pm — 5:00 pm. They are visiting several southwest Washington counties over a three-day timeframe; Mason County is one. With the state's indoor mask mandate being lifted on March 21, they're hopeful in-person meetings can be scheduled. BUDGET IMPACT: None PUBLIC OUTREACH: n/a RECOMMENDED OR REQUESTED ACTION: Decide if the meeting invitation should be accepted and will it be in-person or Zoom? ATTACHMENTS: None Briefmg Summary 2/23/2022 MASON COUNTY BRIEFING ITEM SUMMARY FORM To: Board of Mason County Commissioners From: Mark Neary Department: County Administrator Ext: 530 Briefing Date: 02/28/2022 Previous Briefing Dates: If this is a follow-up briefing, please provide only new information Item: Board Update on purchase offers for Public Works Drive — lots for sale. Executive Summary: (If applicable, please include available options and potential solutions): Expiration of purchase extension for lots 7 -8 on February 15th — Purchaser is still in contact with Mason County — zoom meeting with myself and Planning and Development staff(Kell and Todd) to brief the developer on permitting process. Proposed addendum 4 was received waiving the feasibility contingency, but extending the close no later than 60 days from building permit approval. Purchaser has pre-design meeting with Community Services on February 28th. He believes this will provide the information he needs to move forward with the purchase. February 13 — received an offer on all 6 lots (3,4,5,6,7,8) approximately 1/2 the asking price. Offered $2,058,210 and we are asking $3,984,651. I am requesting the Board give Commissioner Neatherlin the authority to counter offer at full asking price based on recommendation from our real-estate. February 17 — Received a full price offer on Lot 4 - $730,719.00 Budget Impact: None Public Outreach:(include any legal requirements, direct notice, website, community meetings, etc.) Recommended or Requested Action: Discuss options noted above and move decision to regular board meeting on March 1. Authorize Commissioner Neatherlin to sign official documents. Attachments: Shelton Hotel sites — Addendum 4 (lots 7 & 8) Briefmg Summary 2/24/2022 ADDENDUM 4 This Addendum 4 pertains to that certain Vacant Land Purchase And Sale Agreement dated August 2, 2021 between Mickelson Industries, Inc and/or Assigns (Buyer) and Randy Neatherlin on behalf of Mason County (Seller) concerning 7 W. Public Works Drive, Shelton, WA 98584. Buyer hereby waives the Feasibility Contingency referenced in Paragraph 15 of the Agreement and shall close no later than sixty (60) days from building permit approval for 8 W. Public Works Drive, Shelton, WA 98584. AGREED & ACCEPTED: z18/zozz Authorized Signator -- BUYER Date Authorized Signator -- SELLER Date ADDENDUM 4 This Addendum 4 pertains to that certain Vacant Land Purchase And Sale Agreement dated August 2, 2021 between Mickelson Industries, Inc and/or Assigns (Buyer) and Randy Neatherlin on behalf of Mason County (Seller) concerning 8 W. Public Works Drive, Shelton, WA 98584. Buyer herebywaives the Feasibility Contingency referenced in Paragraph 15 of the Agreement and shall close no later than sixty (60) days from building permit approval. AGREED & ACCEPTED: 2/8/2022 Authorized Signator -- BUYER Date Authorized Signator -- SELLER Date MASON COUNTY BRIEFING ITEM SUMMARY FORM To: Board of Mason County Commissioners From: Kate Campbell for Mark Neary Department: Support Services Ext: Briefing Date: 2/28/2022 Previous Briefing Dates: 3/22/21, 6/21/21, 8/23/21, 11/22/21, 1/24/22 If this is a follow-up briefing, please provide only new information Internal Review (please check all that apply): x❑ Budget/Finance ❑ Human Resources ❑ Legal ❑ Information Technology ❑ Other— please explain Item: American Rescue Plan Act (ARPA) funding — Project Review 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 updates guidelines for enforcement of Title VI, Civil Rights Act of 1964. Budget Impact: None Public Outreach: (Include any legal requirements, direct notice, website, community meetings, etc.) Recommended/Requested Action: Review Projects with updated information requested and Districts identified Attachments: APRA spreadsheet Mason County ARPA Prioritization List of Projects Review 2/28/2022 Balance Obligated by Remaining of ARPA Category Mason County Project Name District Confirmed R oasts BOCC Approved Contract Expended Approved Amt A Support Public Health Response/Negative Economic Impacts PUD 1 Customer Arrearages due to COVID 2 125,000 125,000 125,000 5,578 118,422 Reallocat from PUD Arranges to HCC Eldon Fiber Bulldout (100,000) HCC Customer Arrearages due to COVID 2 110,000 110,000 110,000 20,416 89,584 Mason County Treasurer Property Tax Reim-Individual households All 125,000 125,000 125,000 89,203 35,797 Mason County Treasurer Property Tax Reim-small businesses All 75,000 75,000 12,968 EDC Small Business Grants All 500,DD0 500,000 500,D00 475,000 25,000 Crossroads Housing for Assistance to Homeless Veterans All 10,DD0 10,000 10,000 10,000 Belfair Water Customer Arrearages 26,271 1 2/23/22 DFU Mhbb No Masan County Utilities Arrearages 2 mwmem.uont 154,000 _ Housing Authority of Mason County Rent Arrears es All 2/2a/22FrFnbnnW, 123,545 A Support Public Health Response/Negative Economic Im pacts Subtotal 1122 45 945,000 871 604,166 278,803 B Premium pay for Essential Workers Sinning Bonus for Corrections Deputies All Fu,Hh Ebewb,,?2pa/ 74266 B Premium pay for Essential Workers Subtotal 74266 C Replace Public Sector Revenue Loss Up for government services up to$1.9 Million MCSO Body Cameras All 702,365 702,365 702,365 - MCSO Body Camera install All 40,000 40,D00 25,790 PUD 3 Belfair Substation 1 1,SD0,000 1,500,D00 1,500,D00 Public Records Software GovQA All 2/u/2022 Dun. 22,700 Public Health Message Board All 2/11/2 D-W 15,000 Design for 2nd floor PA,MCSO$100,000 All 2/1s/m22 xerr FNO - DCD Records Archival image All V11n2xara 500,000 Prosecutors Office 2nd floor expansion(Originally 700,000) All 2/]a/2a12 xedrF 75,000 MCSO 2nd floor expansion All 2/1a/mo HOW xaMF 800,000 _ Ballot sorter machine B of A Bldg All I HOW 2twn 1,200.000 C Replace Public Sector Revenue Loss Subtotal 4,955,065 2,242,365 728155 15D0 000 D Water,Sewer,and Broadband Infrastructure PUD 1 Agate Beach Water System Mainline 3 559,000 559,000 559,000 559,DD0 PUD 1 Vuecrest Storage Upgrade 2 158,294 158,284 158,284 158,284 CEDS Belfair Water New Well for Commercial Core UGA 1 450,000 450,000 450,000 450,000 HCC Colony Surf Fiber Buildout 2 313,556 313,556 313,556 313,556 HCC Eldon Fiber Bulldout 2 501,932 501.932 501,932 501,932 Reallocate from PUD a1 Customer Arrearages to HCC Eldon fiber Buldout 1014000 Mason County IT Infrastructure Backbone/Storage upgrade All 136,261 136,261 136,098 163 Rustlewood Water Well&Reservoir Electrical Control System 1 200,000 200,000 200,000 Beards Cove AC Mainline Replacement 1 100,000 100,000 100,000 Belfair PS p1 Improvement Project 1 150,000 150,000 150,000 Belfair PS 93 Improvement Project 1 180,000 180,000 180,0D0 Lakeland Pump Station 1 42,000 42,000 42,000 EDC Water line from 101 to Prison 2 2/23/22 Eoc- 1,000,D00 Belfair Water Backup Generators 1 2/W12 mu Mkbb rE, 197,000 EDC Sewer line extension from High School to Basin 3 V23/22 EX rn 2,500,000 _ EDC Wallace Kneeland Substation 3 2/U/22 E.re. 3,200,0D0 _ PUD 3 Rural Broadband Cloquallum Community 2 Hold-Wn 2110/22 500,000 Shelton Gateway 3 Narb(OM 1/1a/22 250,0D0 _ Mason County Courts Bulldlng 10 All 11.2/Hv. 750,000 D Water Sewer,and Broadband Infrastructure Subtotal 11288 033 2,791,033 1,982,772 136,098 2,654,935 E Administration Washington State Association of Counties 2022 Dues All 4,000 4,000 4,000 Temp County Staff to address COVID All 250,000 92,078 157,922 366 91712 E Administration subtotal 254,000 96,078 157,922 4,366 91712 Grand Total 17593,909 6074,476 1 3,010,694 1 1,472,784 4 25,450 Total APRA Funds Available 12,949,242 Total ARPA Funds Received In 2021-First Round 6A84,451 Total ARPA Funds Expected in 2022-Second Round 6,494,451 Total ARPA Funds Available for BOCC Approval In 2021&2022 6,994,42.5 Approved by SOCC during Board Bclefinga-w/b an upcoming Actions Agendas-Included in BOCC Approved Ants Total ARPA Funds Available for BOCC Approval In 2021 409,975 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Daniel Goodell, Presiding Judge Amber Finlay, Judge Monty Cobb, Judge Jim Madsen Chief Superior Court Administrator DEPARTMENT: Superior Court EXT: 206 BRIEFING DATE: February 28, 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 ❑XX Legal ❑ Other— please explain ITEM: Thurston-Mason Behavioral Health Organization Amendment to Interlocal Agreement [ILA 2022-MC-SC-01] EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): Since 2020, involuntary treatment court cases have been filed and hearings have been held in Mason County Superior Court pursuant to Chapters 71.05 and 71.24 RCW. The Thurston-Mason Behavioral Health Organization (TMBHO) reimburses the Superior Court and other departments for involuntary treatment court services and costs. BUDGET IMPACT: None — Funding remains the same and is included in the Superior Court 2022 budget. PUBLIC OUTREACH:(Include any legal requirements, direct notice, website, community meetings, etc.) N/A RECOMMENDED OR REQUESTED ACTION: Enter into the Interlocal Agreement with the TMBHO to fund involuntary treatment court judicial services and costs and place the matter on the action agenda for the BOCC to execute the attached agreement. ATTACHMENTS: Copies of Interlocal Agreement ILA 2022-MC-SC-01 and accompanying Business Associate Agreement, which have been approved by the Chief Deputy Prosecuting Attorney. Briefing Summary 2/23/2022 Business Associate Agreement &Ii HEALTHC HEALTH& RECOVERY "' -- SERVICES ®Thurston Mason Behavioral Health Administrative Service Organization ❑Olympic Health and Recovery Services THIS BUSINESS ASSOCIATE AGREEMENT(the"Agreement") is effective this 1st day of January 2022 (the "Effective Date") between Thurston-Mason Behavioral Health Administrative Service Organization ("TMBH-ASO") and/or Olympic Health and Recovery Services("OHRS") as identified above("Covered Entity"), and Mason County Superior Court ("Business Associate"). RECITALS WHEREAS, Covered Entity and Business Associate are parties entering into one or more agreements orcontracts, incorporated herein by reference (the "Underlying Agreement" and collectively "Agreements") pursuant to which Business Associate will perform the services as outlined in Agreements and such services involve the use and disclosure of Individually Identifiable Health Information that is subject to protection under HIPAA and the HIPAA Rules (all as hereinafter defined); and WHEREAS, Business Associate has created and maintains security safeguards for the protection fromunlawful disclosure of Protected Health Information (as hereinafter defined); and WHEREAS, Covered Entity and Business Associate are committed to complying with the Standards forPrivacy of Individually Identifiable Health Information set forth under the HIPAA and HITECH Act and any regulations promulgated thereunder the "HIPAA Privacy Rule"; WHEREAS, this BAA, in conjunction with the HIPAA Rules, sets forth the terms and conditions pursuantto which protected health information (in any format)that is created, received, maintained,or transmitted by,the Business Associate from or on behalf of the Company; will be handled between the Business Associate andthe Company and with third parties during the term of the Agreement(s) and after its termination. NOW,THEREFORE,for and in consideration of the recitals above and the mutual covenants and conditions herein contained, Covered Entity and Business Associate enter into the following Agreement toprovide a full statement of their respective responsibilities as more fully described below: ARTICLE 1 —DEFINITIONS Unless otherwise provided herein terms used shall have the same meaning as set forth in HIPAA and theHIPAA Rules. 1.1. Agreement means this Business Associate Agreement. 1.2. Business Associate as used in this Agreement means the Business Associate named in this Agreement and generally has the same meaning as the term "business associate" at 45 CFR§ 160.103. Any reference to Business Associate in this Agreement includes Business Associate'semployees, agents, officers, subcontractors, volunteers, or directors. TMBH-ASO/OHRS Business Associate Agreement Page 1 of 11 Version 1.0 090121 1.3. CFR means and refers to the Code of Federal Regulations. 1.4. Covered Entity means TMBH-ASO and/or OHRS, as specified above, which are each a Covered Entity as defined at 45 CFR § 160.103, in its conductof covered functions by its health care components. 1.5. Designated Record Set means a group of records maintained by or for the Covered Entity that is: the medical records and billing records about Individuals maintained by or for a covered health care provider;the enrollment, payment, claims adjudication, and case or medical management record systems maintained by or for a health plan; or used, in whole or in part, by or for the Covered Entity to make decisions about Individuals. 1.6. Electronic Protected Health Information or "EPHI" means Protected Health Information that istransmitted by electronic media or maintained in electronic media. 1.7. HIPAA means the Health Insurance Portability and Accountability Act of 1996, Pub.L. No. 104-191,as amended by the Health Information Technology for Economic and Clinical Health (HITECH)Act,enacted as Title XIII of The American Recovery and Reinvestment Act of 2009, H.R. 1, Pub.L. 111-5(February 17,2009), as amended or superseded, and any current and future regulations promulgated under HIPAA. 1.8. HIPAA Rules means the Privacy, Security, Enforcement, and Breach Notification Rules at 45 CFR Part160 and Part 164, in effect or as amended. 1.9. Individual means the person who is the subject of Protected Health Information and includes aperson who qualifies as a personal representative in accordance with 45 CFR § 164.502(g). 1.10. Material Alteration means any addition, deletion or change to the PHI of any subject other than theaddition of indexing, coding and other administrative identifiers for the purpose of facilitating the identification or processing of such information. 1.11. Privacy Rule means the Privacy Standards at 45 CFR Part 164, Subpart E, in effect or as amended. 1.12. Protected Health Information or"PHI" means individually identifiable health information created, received, maintained or transmitted by Business Associate on behalf of a health care component of the Covered Entity that relates to the provision of health care to an Individual; the past, present, or future physical or mental health or condition of an Individual; or the past, present, or future payment for provision of health care to an Individual. 45 CFR § 160.103. PHI includes demographic information that identifies the Individual or about which there is reasonable basis to believe can be used to identify the Individual. 45 CFR§ 160.103. PHI is information transmitted or held in any form or medium and includes Electronic Protected Health Information. 45 CFR § 160.103. PHI does not include education records covered by the Family Educational Rights and Privacy Act, as amended, 20USCA 1232g (a)(4)(B)(iv) or employment records held by the Covered Entity in its role as employer. 1.13. Security Rule means the Security Standards at 45 CFR Part 164, Subparts A and C, in effect or asamended. 1.14. Subcontractor as used in this Agreement means a person to whom a business associate delegates a function, activity, or service, other than in the capacity of a member of the workforce of such business associate. 1.15. Underlying Agreement means one or more agreements or contracts, incorporated herein by reference pursuant to which Business Associate will perform the services as outlined in Agreementsand all accompanying documents. TMBH-ASO/OHRS Business Associate Agreement Page 2 of 11 Version 1.0 090121 ARTICLE 2 —SCOPE OF USE OF PHI 2.1. Services 2.1.1. Except as otherwise specified herein, the Business Associate may use PHI solely to perform its duties as set forth in the Underlying Agreement. Except as otherwise limitedin this Agreement, Business Associate may use and disclose PHI for the proper management and administration of the Business Associate, to carry out the legal responsibilities of the Business Associate and to provide any data aggregation services pursuant to the Underlying Agreement. 2.1.1.1. Business Associate may disclose PHI for the purposes pursuant to the Underlying Agreement only to its employees, subcontractors and agents, inaccordance with Section 2.3.1.5. as directed by the Covered Entity. 2.1.1.2. Except as otherwise limited in this Agreement, Business Associate may disclosePHI for the proper management and administration of the Business Associate, provided that such disclosures are required by law or Business Associate obtains reasonable assurances from the person to whom the PHI is disclosed that the PHI will remain confidential and used or further disclosed only as required by law or for the purpose for which the PHI was disclosed to the person, the person implements reasonable and appropriate security measuresto protect the PHI, and the person notifies the Business Associate of any instances of which it is aware where the confidentiality of the PHI has been breached. 2.2. Breach or Misuse of PHI Business Associate recognizes that any breach of confidentiality or misuse of information found in and/or obtained from records may result in the termination of the Underlying Agreement and this Agreement and/or legal action. Unauthorized disclosure of PHI may give rise to irreparable injury tothe Individual or to the owner of such information, and the Individual or owner of such informationmay seek legal remedies against Business Associate. 2.3. Responsibilities of Business Associate 2.3.1. With regard to its use and/or disclosure of PHI, the Business Associate hereby agrees todo the following: 2.3.1.1. Use or disclose PHI only to perform functions, activities, or services for, or on behalf of, Covered Entity, as expressly permitted or required by this Agreement or the Underlying Agreement or as otherwise required by applicable law. Further, BusinessAssociate agrees that it will not use or disclose PHI in any manner that violates federal law, including but not limited to HIPAA and any regulations enacted pursuant to its provisions, or applicable provisions of Washington State law. The Business Associate agrees that it is subject to and directly responsible for full compliance with the Privacy Rule that applies to the Business Associate to the same extent as the Covered Entity. 2.3.1.2. Use commercially reasonable efforts to maintain the security of the PHI and toprevent unauthorized use and/or disclosure of such PHI, including, but not limited to the following: TMBH-ASO/OHRS Business Associate Agreement Page 3 of 11 Version 1.0 090121 2.3.1.3. Any physical files on location at the agency must be kept in locked cabinets. Any PHI transported must be safeguarded against unauthorized access at all times. 2.3.1.4. In addition,the Business Associate agrees to implement and maintain administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of all Electronic Protected Health Information that it creates, receives, maintains, or transmits on behalf of the Covered Entity in accordance with 45 CFR Part 164,subpart C for as long as the PHI is within its possession and control, even after the termination or expiration of this Agreement. The Business Associate agrees that it is subject toand directly responsible for full compliance with the HIPAA Security Rule that applies to Business Associates, including sections 164.308, 164.310, 164.312, and 164.316 of title 45 CFR, to the same extent as the Covered Entity. Business Associate shall apply the HIPAA Minimum Necessary standard to any use or disclosure of PHI necessary to achieve the purposes of the Underlying Agreement.See 45 CFR 164.514(d)(2) through (d)(5). 2.3.1.5. Require all of its employees, representatives, subcontractors and agents thatcreate, receive, maintain, or transmit PHI or use or have access to PHI under the Underlying Agreement to agree in writing to adhere to the same restrictions and conditions on the use and/or disclosure of PHI that apply herein, including the obligation to return or destroy the PHI if feasible, as provided under Sections 5.4 and 5.5 of this Agreement. 2.3.1.6. Promptly report to the designated privacy officer of the Covered Entity, any useand/or disclosure of the PHI that is not permitted or required by this Agreement, or any Security Incident involving Covered Entity's PHI, by telephoning the privacy officer within twenty-four(24) hours of becoming aware of it and providing a written report of the unauthorized disclosure within five (5) business days. 2.3.1.7. The name and contact information for the Covered Entity's privacy officer is asfollows: Contact Officer: Chris Foster Telephone: 360.763.5798 E-mail: chris.foster(@tmbho.org Address: 612 Woodland Square Loop SE Ste 401 Lacey, WA 98503 2.3.1.8. Mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a use or disclosure of PHI by Business Associate inviolation of the requirements of this Agreement or the law. 2.3.1.9. Within twenty-four (24) hours of the discovery of a breach as defined at 45 CFR § 164.402, notify the Covered Entity's privacy officer of any breach of TMBH-ASO/OHRS Business Associate Agreement Page 4 of 11 Version 1.0 090121 unsecured PHI and take actions as may be necessary to identify, mitigate and remediate the cause of the breach. A breach shall be treated as discovered by the Business Associate in accordance with the terms of 45 CFR § 164.410.The notification shall include the following information which shall be updated promptly and provided to the Covered Entity as requested by the Covered Entity: 2.3.1.9.1. The identification of each individual whose unsecured PHI has been, or is reasonably believed by the Business Associate to havebeen accessed, acquired, used,or disclosed during such breach; 2.3.1.9.2. A brief description of what happened, including the date of thebreach and the date of the discovery of the breach, if known; 2.3.1.9.3. A description of 2.3.1.9.4. the types of unsecured PHI that were involved in the breach (such as whether full name, social security number, dateof birth, home address, account number, diagnosis, disability code, or other types of information were involved); 2.3.1.9.5. Any steps individuals should take to protect themselves frompotential harm resulting from the breach; 2.3.1.9.6. A brief description of what the Business Associate is doing toinvestigate the breach,to mitigate harm to individuals, and toprotect against any further breaches; 2.3.1.9.7. Contact procedures of the Business Associate for individuals to ask questions or learn additional information, which shall include atoll-free telephone number, an e-mail address, web site,or postal address; and 2.3.1.9.8. Any other information required to be provided to the individual by the Covered Entity pursuant to 45 CFR § 164.404,as amended. 2.3.2. To the extent the Covered Entity deems warranted, the Covered Entity may provide notice or may, in its sole discretion, require Business Associate to provide notice at Business Associate's expense to any or all individuals whose unsecured PHI has been or is reasonably believedby the Business Associate to have been, accessed, acquired, used, or disclosed as a result of such breach. In such case, the Business Associate shall consult with the Covered Entityregarding appropriate steps required to notify third parties. The Business Associate shall reimburse the Covered Entity, without limitation, for all costs of investigation, dispute resolution, notification of individuals, the media, and the government, and expenses incurred in responding to any audits or other investigation relating to or arising out of a breach of unsecured PHI by the Business Associate. 2.4. Covered Entity Obligations 2.4.1. With regard to the use and/or disclosure of PHI by the Business Associate,the CoveredEntity hereby agrees to: TMBH-ASO/OHRS Business Associate Agreement Page 5 of 11 Version 1.0 090121 2.4.1.1. Upon request, provide the Business Associate with a copy of the notice of privacy practices that theCovered Entity provides to Individuals pursuant to 45 CFR § 164.520, and inform the Business Associate of any changes in the form of the notice that materially affects the Business Associate's uses and disclosures of PHI under this Agreement; 2.4.1.2. Inform the Business Associate of any changes in, or withdrawal of, the authorization provided to the Covered Entity by Individuals that materially affects Business Associate's ability to use and/or disclose PHI under this Agreement; and 2.4.1.3. Notify the Business Associate, in writing and in a timely manner, of any restrictions on the use and/or disclosure of PHI agreed to by the Covered Entityin accordance with 45 CFR§ 164.522, to the extent that such restriction materially affects Business Associate's use or disclosure of PHI under this Agreement. ARTICLE 3 —AMENDMENT OF PHI 3.1. Amendments by Business Associate Should Business Associate make any Material Alteration to PHI, Business Associate shall provide Covered Entity with notice of each Material Alteration to any PHI and shall promptly cooperate withCovered Entity in responding to any request made by any subject of such information to Covered Entity to inspect and/or copy such information. Business Associate shall not deny Covered Entity access to any such information if, in Covered Entity's sole discretion, such information must be made available to the subject seeking access to it. To the extent that Business Associate maintains PHI in a Designated Record Set, Business Associate agrees to make any amendment(s) to PHI in a Designated Record Set that the Covered Entity directs or agrees to pursuant to 45 CFR § 164.526 within ten (10) days of the request of Covered Entity or an Individual, and in the time and manner designated by Covered Entity. ARTICLE 4 —AVAILABILITY,ACCOUNTING OF DISCLOSURES,AUDITS AND INSPECTIONS 4.1. Availability of PHI To the extent Business Associate maintains PHI in a Designated Record Set, Business Associate agrees to make PHI available to Covered Entity or, as directed by Covered Entity, to an Ind ividua[,within ten (10) days of the request of the Covered Entity and in the manner designated by Covered Entity in accordance with 45 CFR § 164.524. 4.2. Accounting of Disclosures Business Associate agrees to make available the information required for Covered Entity to provide an accounting of disclosures in accordance with 45 CFR § 164.528. Business Associate will provide such accounting ofdisclosures to Covered Entity as soon as possible, but no more than ten (10) days from request by Covered Entity. Each accounting shall provide (i) the date of each disclosure; (ii)the name and address of the organization or person who received the PHI; (iii) a brief description of the PHI disclosed; and (iv) the purpose for which the PHI was disclosed, including the basis for such disclosure,or a copy of a written request for disclosure under§§ 164.502(a)(2)(ii) or 164.512. Business Associate shall maintain a process to provide the accounting of disclosures for as long asBusiness Associate maintains PHI received from or on behalf of Covered Entity. TMBH-ASO/OHRS Business Associate Agreement Page 6 of 11 Version 1.0 090121 4.3. Access to Department of Health and Human Services Business Associate shall make its facilities, internal practices, books, records, documents, electronicdata and all other business information relating to the use and disclosure of PHI received from, or created or received by Business Associate on behalf of Covered Entity available to the Secretary of the Department of Health and Human Services, governmental officers and agencies for purposes of determining Covered Entity's compliance with HIPAA. Business Associate shall promptly, and in no event later than five (5) business days after a request by the Secretary, notify Covered Entity in writing of any request made by the Secretary and provide Covered Entity with copies of any documents produced in response to such request.. 4.4. Access to Covered Entity Upon written request, Business Associate agrees to make its facilities, internal practices, books, records, documents, electronic data and all other business information available to Covered Entitywithin five (5) business days during normal business hours so that Covered Entity can monitor compliance with this Agreement. ARTICLES —TERM AND TERMINATION 5.1. Term This Agreement is valid as of the Effective Date and remains effective for the entire term of theUnderlying Agreement, or until terminated as set forth herein. 5.2. Termination This Agreement may be terminated by Covered Entity for convenience upon the same number of days prior written notice to the Business Associate as set out in the Underlying Agreement, otherwise upon thirty (30) days prior written notice. The notice will specify the date of termination. 5.3. Termination for Cause Covered Entity may immediately terminate this Agreement and the Underlying Agreement without penalty if Covered Entity, in its sole discretion, determines that Business Associate has: (a) improperly used or disclosed PHI in breach of this Agreement; or(b)violated a material provision of this Agreement. Alternatively, the Covered Entity may choose to provide the Business Associate with written notice of the existence of an alleged material breach and a period of fifteen (15) days inwhich to cure the alleged material breach upon mutually agreeable terms. Failure to cure in the manner set forth in this paragraph is grounds for the immediate termination of this Agreement and the Underlying Agreement. 5.4. Alternative to Termination If termination is not feasible, the Covered Entity shall report the breach to the Secretary of theDepartment of Health and Human Services. 5.5. Return/Destruction of PHI Business Associate agrees that, upon termination of the Underlying Agreement, for whatever reason, it will return or destroy, in Covered Entity's sole discretion, all PHI, if feasible, received from, or created or received by it on behalf of Covered Entity which Business Associate maintains in any form, and retain no copies of such information.This provision shall apply to PHI that is in the possession of subcontractors or agents of Business Associate. An authorized representative of Business Associate shall certify in writing to Covered Entity, TMBH-A50/0HRS Business Associate Agreement Page 7 of 11 Version 1.0 090121 within five (5) days from the date of termination or other expiration of the Underlying Agreement, that all PHI has been returned or disposed of as provided above and that Business Associate no longer retains any such PHI in any form. 5.6. No Feasible Return/Destruction of PHI If Business Associate determines that the return or destruction of PHI is not feasible, Business Associate shall notify Covered Entity of the conditions that make return or destruction infeasible.To the extent that Covered Entity agrees that the return or destruction ofPHl is not feasible, Business Associate shall extend the protections of this Agreement to the PHI retained and limit further uses and disclosures to those purposes that make the return or destruction of the information infeasible. Business Associate shall remain bound by the provisions of this Agreement notwithstanding termination of the Underlying Agreement, until such time as all PHI has been returned or otherwise destroyed as provided in this section. ARTICLE 6 —INDEMNIFICATION/INSURANCE 6.1. Defense and Indemnification Business Associate shall defend, indemnify and hold Covered Entity harmless from and against all claims, liabilities,judgments, fines, assessments, penalties, awards or other expenses, of any kind ornature whatsoever, including, without limitation attorney's fees, expert witness fees, and costs of investigation, litigation, or dispute resolution, relating to or arising out of any use or disclosure of PHI in a manner not permitted by HIPAA or breach of this Agreement by Business Associate, its employees,officers, agents, or subcontractors. 6.2. Disclaimer Covered Entity makes no warranty or representation that compliance by Business Associate with the Agreement or HIPAA or the HIPAA Rules will be adequate or satisfactory for Business Associate'sown purposes or that any information in the possession of Business Associate or Business Associate's control,or transmitted or received by Business Associate, is or will be secure from unauthorized use or disclosure; nor shall Covered Entity be liable to Business Associate for any claim, loss or damage relating to the unauthorized use or disclosure of any information received by Business Associate from Covered Entity or from any other source. Business Associate is solely responsible for all decisions made by Business Associate regarding the safeguarding of PHI. 6.3. Insurance Business Associate shall obtain and maintain cyber liability insurance coverage against improper uses and disclosures of PHI by Business Associate naming Covered Entity as an additional named insured. Promptly following a request by Covered Entity for the maintenance of such insurance coverage, Business Associate shall provide a certificate evidencing such insurance coverage. ARTICLE 7 —COMPLIANCE WITH 42 CFR PART 2 REQUIREMENTS In the event that Business Associate is also considered to be a Qualified Service Organization ("QSO") under the federal regulations governing the Confidentiality of Substance Use Disorder Patient Records found at 42 C.F.R. Part 2 ("Part 2"), with access to PHI that is protected by Part 2, Business Associate agrees to the following: a) In receiving, storing, processing, or otherwise dealing with any PHI protected by Part 2 from Covered Entity, Business Associate is fully bound by the provisions of TMBH-ASO/OHRS Business Associate Agreement Page 8 of it Version 1.0 090121 Part 2; and b) If necessary, Business Associate will resist in judicial proceedings any efforts to obtain access to such PHI covered by Part 2 unless such access is expressly permitted under Part 2. ARTICLE 8 —MISCELLANEOUS 8.1. Construction This Agreement shall be construed as broadly as necessary to implement and comply with HIPAAand the HIPAA Rules. The parties agree that any ambiguity in this Agreement shall be resolved infavor of a meaning that complies and is consistent with the HIPAA Rules. 8.2. Notice All notices and other communications required or permitted pursuant to this Agreement shall be inwriting, addressed to the party at the address set forth in the Underlying Agreement, or to such other address as either party may designate from time to time. All notices and other communications shall be mailed by registered or certified mail, return receipt requested, postage prepaid,or transmitted by hand delivery or telegram. All notices shall be effective as of the date ofdelivery of personal notice or on the date of receipt, whichever is applicable. 8.3. Modification of Agreement The parties agree to take such action as is necessary to modify this Agreement to ensure consistencywith amendments to and changes in the applicable federal and state laws and regulations, including, but not limited to, HIPAA and the HIPAA Rules.This Agreement shall not be waived or altered, in whole or in part, except in writing signed by the parties. 8.4. Invalid Terms In the event that any provision of the terms and conditions are held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the provisions of this Agreement willremain in full force and effect. 8.5. Transferability Covered Entity has entered into this Agreement in specific reliance on the expertise and qualifications of Business Associate. Consequently, Business Associate's interest under this Agreement may not be transferred or assigned or assumed by any other person, in whole or part,without the prior written consent of Covered Entity. 8.6. Governing Law and Venue This Agreement shall be governed by and interpreted in accordance with the laws of the State of Washington in accordance with HIPAA and the HIPAA Rules without giving effect to the conflict oflaws provisions. Thurston County, Washington, shall be the sole and exclusive venue for any litigation, special proceeding or other proceeding as between the parties that may be brought under, or arise out of, this Agreement. 8.7. No Third-Party Beneficiaries Nothing express or implied in this Agreement is intended to confer, nor anything herein shall confer,upon any person other than the parties hereto any rights, remedies, obligations or liabilities whatsoever. TMBH-ASO/OHRS Business Associate Agreement Page 9 of 11 Version 1.0 090121 8.8. Binding Effect This Agreement shall be binding upon, and shall inure to the benefit of, the parties hereto and theirrespective permitted successors and assigns. 8.9. Execution This Agreement may be executed in multiple counterparts, each of which shall constitute anoriginal, all of which shall constitute but one agreement. 8.10. Gender and Number The use of the masculine, feminine or neuter genders, and the use of the singular and plural, shall not be given an effect of any exclusion or limitation herein. The use of the word "person" or"party"shall mean and include any individual,trust, corporation, partnership or other entity. 8.11. Priority of Agreements If any portion of the Agreement is inconsistent with the terms of the Underlying Agreement, theterms of this Agreement shall prevail. Except as set forth above, the remaining provisions of theUnderlying Agreement are ratified in their entirety. 8.12. Survival The obligations of Business Associate shall survive the termination of this Agreement and theUnderlying Agreement. 8.13. Recitals The preamble to this Agreement is not a mere recital of facts but consists of binding agreed uponstatements that form the basis of this Agreement. [Signature Page Follows] ■ TMBH-ASO/OHRS Business Associate Agreement Page 10 of 11 Version 1.0 090121 IN WITNESS WHEREOF, the parties hereto have signed this Agreement effective the day and year firstabove written. FOR BUSINESS ASSOCIATE: FOR TMBH-ASO and/or OHRS: Name: Robyn Lockwood Name: Mark Freedman Title: Court Administrator Title: TMBH-ASO Administrator Address: PO Box X Address: 612 Woodland Square Loop SE Ste 401 City,ST,Zip: Shelton,WA 98584 City,ST,Zip: Lacey WA 98506 Email: RL@co.mason.wa.us Email: mark.freedman@tmbho.org Phone: 360.427.9670 ext. 206 Phone: 360.763.5828 Signature(Authorized Representative) Signature Date Date TMBH-ASO/OHRS Business Associate Agreement Page 11 of it Version 1.0 090121 I -- THURSTON-MASON BEHAVIORAL HEALTH ADMINISTRATIVE SERVICE ORGANIZATION (TMBH-ASO) INTERLOCAL AGREEMENT (ILA) WITH jEntity: Mason County Superior CourtJames Madsen Title: Court Administrator 360-427-9670 ext. 206 Email: jamesma@masoncountvwa.Pov Mailing Address: PO Box 340 Shelton,WA 98584 ILA Number: 2022-MC-SC O1 Start Date: January 1, 2022 End Date: December 31, 2022 Thurston-Mason BWASO Contacts: Tara Smith,Finance Director Phone: F360.763.5791 63.5809 Email: tara.smithCa)tmbho.org Mark Freedman,ASO Administrator Phone: Email: mark.freedmanCatmbho.ore Mailing Address: 612 Woodland Square Loop SE Ste 401 Lacey WA 98503 TOTAL FUNDING FOR ILA PERIOD: $50,000 INCORPORATION OF EXHIBITS AND ATTACHMENTS The Provider shall provide services and comply with the requirements set forth in the following attached exhibits,attachments,or any other materials which are incorporated herein by reference.To the extent that the terms and conditions of any Exhibit or Attachments conflicts with the terms and conditions of this base contract,the terms of this Contract shall control. ®Exhibit C:Business Associate Agreement(BAA) This ILA is entered into in counterpart or duplicate copies,and any signed counterpart or duplicate copy shall be equivalent to a signed original for all purposes,between Thurston Mason Behavioral Health Administrative Service Organization,hereinafter"TMBH- ASO"and Mason County Superior Court hereinafter"Contractor." This ILA governs the work to be and supersedes and replaces any previously executed general terms and conditions,program contracts,or other agreements as of the start date below. Contractor Signature: Printed Name and Title: Date: Thurston-Mason BH-ASO Signature: Printed Name and Title: Date: Mark Freedman,ASO Administrator Approved as to Form by, Fred A.Johnson,TMBH-ASO Legal Counsel, August 5, 2019 2022_MC-SC-01_IL.A Page 1 of 7 THIS AGREEMENT, is made and entered by and between Mason County Superior Court, hereinafter referred to as "Superior Court"and the Thurston-Mason Behavioral Health Administrative Services Organization, a quasi-governmental entity formed pursuant to the Interlocal Cooperation Act, chapter 39.34 RCW, hereinafter referred to as "TMBH-ASO." I. PURPOSE The purpose of this Agreement is to define and fund judicial services provided by Superior Court for those individuals involuntarily detained to Mason County due to their mental disorder per chapters 71.05 and 71.24 RCW. 2. DURATION OF AGREEMENT This Agreement shall become effective on date signed by both parties to this Agreement, and shall terminate on December 31, 2022, unless otherwise amended. 3. SERVICES Services to be provided are those defined in chapters 71.05 and 71.24 RCW. Location of Involuntary Treatment Court will be at the Mason County Evaluation and Treatment Facility in addition to those judicial services provided at the Mason County Courthouse. This location is: a. Mason County Evaluation and Treatment Facility 307 West Cota St, Shelton, WA 98584 The Court shall operate two to three days a week or as necessary to meet the statutory requirements. Days and hours shall be determined by TMBH-ASO, the Treatment Provider at the Court location and Superior Court. Additionally, at this site, the judges of the Mason County Sunerior Court by m orit ajy vote may authorize mental health commissioners, appointed pursuant to RCW 71.05.135, to perform any or all of the following duties: a. Receive all applications, petitions, and proceedings filed in the Superior Court for the purpose of disposing of them pursuant to this chapter; b. Investigate the facts upon which to base warrants, subpoenas, orders to directions in actions, or proceedings filed pursuant to this chapter; c. For the purpose of this chapter, exercise all powers and perform all the duties of a Court Commissioner appointed pursuant to RCW 2.24.010; d. Hold hearings in proceedings and make written reports of all proceedings under this chapter which shall become a part of the record of Superior Court; e. Provide such supervision in connection with the exercise of its jurisdiction as may be ordered by the presiding judge; and 2022_MC-SC-01_iL, Page 2 of 7 f. Cause the orders and findings to be entered in the same manner as orders and findings are entered in cases in the superior court. 4. FUNDING Funding for these court services shall be based on the cost of direct services as described in chapter 71.05 and 71.24 RCW provided by Superior Court and any additional staff support necessary to perform these services. Number of filings shall be documented and submitted with each invoice. Total amount shall not exceed $50,000 annually based on historical actual court costs. Thurston Mason BH-ASO reserves the right to withhold payment until such time that adequate back up documentation is provided to support the invoice. Funding level and capacity will be reviewed every six months to adjust for actual cost. 5. INVOICING FOR SERVICES RENDERED The Court will provide a quarterly invoice for services provided to TMBH-ASO. The invoice is due by the loth of the month. Invoices shall be submitted to invoices(d)-tmbho.org. 6. COMPLIANCE WITH LAWS Each Party shall comply with all applicable federal, state, and local laws, rules, and regulations and will maintain all necessary certifications, licenses, and accreditation that may be required to perform such Party's obligations under this Agreement. According to Section 15 of RCW 71.05.740 and 2020 c 302 s 58, All behavioral health administrative service organizations in the state of Washington must forward historical behavioral health involuntary commitment information retained by the organization, including identifying information and dates of commitment to the authority. As soon as feasible, the behavioral health administrative services organizations must arrange to report new commitment data to the authority within twenty-four hours. Commitment information under this section does not need to be resent if it is already in the possession of the authority. Behavioral health administrative services organizations and the authority shall be immune from liability related to the sharing of commitment information under this section. The Clerk of the Court must share hearing outcomes in all hearings under this chapter with the local behavioral health Administrative Services Organization that serves the region where the Superior Court is located, including in cases in which the Designated Crisis Responder investigation occurred outside the region. The hearing outcome data must include the name of the facility to which the person has been committed 7. CONFIDENTIALITY The Parties shall use Personal Health Information (PHI) only for the purpose of the services outlined in this Agreement. TMBH-ASO, Court, or any other service provider shall not disclose, transfer, or sell any such information to any other Party, except as provided by law, or in the case of PHI, without the written prior consent of the person to whom the PHI pertains. The Parties also agree not to use or disclose PHI other than as permitted or required by this 2022_MC-sC-01_ILA Page 3 of 7 Agreement, HIPAA, and the Health Information Technology for Economic and Clinical Health Act (HITECH). The Parties shall use and disclose PHI only if such use or disclosure, respectively, in compliance with each applicable requirement of 45 CFR Section 164.504(e) and RPC 1.6. The Parties shall maintain the confidentiality of all PHI and other information gained by reason of this Agreement and shall return or certify the destruction of such information if requested in writing by the Party to this Agreement that provided the information. TMBH-ASO and Court shall protect all PHI, records, and data from unauthorized disclosure in accordance with RCW 70.96A, WAC 388-877, and 42 CFR Part 2, Part 431, and Part 160 and 164 regarding HIPAA confidentiality requirements. 8. HOLD HARMLESS AND INDEMNIFICATION Each Party to this Agreement shall be responsible for its own wrongful and negligent acts or omissions, or those of its officers, officials, agents, or employees to the fullest extent required by law, and shall indemnify, defend, and hold the other Party harmless from and against all claims, suits, actions, liabilities, losses, expenses, damages, and judgments including costs and attorneys fees, for injury, illness, disability, or death to any person or persons or damage to property caused by, arising out of, or resulting from the performance of this Agreement by the Party, that Party's officers, officials, agents, and/or employees. In the case of negligence of more than one Party, any damages allowed shall be levied in proportion to the percentage of negligence attributable to each Party, and each Parry shall have the right to seek contribution from the other Party in proportion to the percentage of negligence attributable to the other Party. 9. INSURANCE Each Party shall, at its own cost and expense, obtain and maintain in force during the term of this Agreement professional and general liability insurance with limits of$1,000,000 per occurrence, $3,000,000 annual aggregate. Such insurance shall be provided by insurance company (ies) or self-insurance mutually acceptable to the parties. Each Party shall provide the other with a certificate of insurance (or copy of the insurance policy) verifying such coverage upon the other Party's request. 10. THIRD PARTY CLAIMS HOLDING A. The Party seeking indemnification hereunder shall promptly notify the other Party from whom indemnification is sought in writing of any claim asserted against it and promptly deliver a true copy of any summons or other process, pleading or notice issued in any lawsuit or claim. B. Where acceptance of its obligation to indemnify is deemed proper by the indemnifying Party, said Party reserves the right to control the investigation, trial and defense of such lawsuit or action (including all negotiations to effect settlement), any appeal arising from it and employ or engage attorneys of its own choice. C. The Party seeking indemnification may, at its sole cost, participate in such investigation, trial 2022_MC-SC-01_iLA Page 4 of 7 and defense of such lawsuit or action and any appeal arising from same. D. Each Party to this Agreement, its employees, agents, servants and representatives shall provide full cooperation to the other at all times during the pendency of the claim or lawsuit, including, without limitation, providing one another with all available information concerning the claim. 11. NONDISCRIMINATION TMBH-ASO, its assignees, delegates or subcontractors shall not discriminate against any person in the performance of any of its obligations hereunder on the basis of race, color, creed, ethnicity, religion, national origin, age, sex, marital status, veteran status, sexual orientation or the presence of any disability. Implementation of this provision shall be consistent with RCW 49.60.400. 12. WITHDRAWAL Any party hereto shall have the right to withdraw from this Agreement at any time, PROVIDED that the remaining party to this Agreement shall have received written notification of the other party's intention to withdraw at least 120 days prior to the proposed effective date of such withdrawal; and PROVIDED FURTHER, that such notification is received at least 120 days prior to the expiration of the current fiscal year period. 13. PROHIBITION AGAINST ASSIGNMENT The obligations and duties under this Agreement shall not be assigned, delegated, or subcontracted to any other person, firm or entity without the prior express written consent of the TM BH-ASO. 14. CHOICE OF LAW. JURISDICTION AND VENUE A. This Agreement has been and shall be construed as having been made and delivered within the State of Washington, and it is agreed by each party hereto that this Agreement shall be governed by the laws of the State of Washington, both as to its interpretation and performance. B. Any action at law, suit in equity, or judicial proceeding arising out of this Agreement shall be instituted and maintained only in any of the courts of competent jurisdiction in Mason County. 15. SEVERABILITY If a court of competent jurisdiction holds any part, term or provision of this Agreement to be illegal, or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and the parties' rights and obligations shall be construed and enforced as if the Agreement did 2022_MC-SC-01_ILA Page 5 of 7 not contain the particular provision held to be invalid. If any provision of this Agreement is in direct conflict with any statutory provision of the State of Washington, that provision which may conflict shall be deemed inoperative and null and void insofar as it may conflict, and shall be deemed modified to conform to such statutory provision. 16. COUNTERPARTS This Agreement may be signed in counterpart or duplicate copies, and any signed counterpart or duplicate copy shall be equivalent to a signed original for all purposes. This Agreement shall be effective upon its execution by the two named Parties. 17. FILING OF AGREEMENT A copy of this Agreement shall be filed with the County Auditor of Mason County or, alternatively, listed by subject on a public agency's web site or other electronically retrievable public source, as required by RCW 39.34.040. 18. AMENDMENT All amendments to this Agreement shall be in writing and mutually agreed upon and signed by both Parties. 19. TERMINATION This Agreement may be terminated by either party by giving (120) one hundred days written notice of termination to the other Party. 20. ENTIRE AGREEMENT The parties agree that this Agreement is the complete expression of its terms and conditions. Any oral or written representations or understandings not incorporated in this Agreement are specifically excluded. 21. NOTICES Any notices shall be effective if personally served upon the other Party or if mailed by registered or certified mail, return receipt requested, to the addresses set out on the cover page. Notice may also be given by facsimile with the original to follow by regular mail. Notice shall be deemed to be given three days following the date of mailing or immediately if personally served. For service by facsimile, service shall be effective upon receipt during working hours. If a facsimile is sent after working hours, it shall be effective at the beginning of the next working day. 2022_MC-sC-01_iva Page 6 of 7 IN WITNESS WHEREOF, the parties have executed this Agreement by authorized officials thereof on the day of , 2022 Mason County Superior Court Administrator Thurston-Mason Behavioral Health Administrative Services Organization Governing Board James Madsen, Court Administrator Kevin Shutty, Chair Tye Menser, Vice Chair Gary Edwards, Commissioner 2022_MC-SC-01_iu> Page 7 of 7 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Jim Madsen, Chief Administrator DEPARTMENT: Juvenile Court EXT: 206 BRIEFING DATE: 2/28/22 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 XX Legal Other — please explain ITEM: Electronic Home Monitoring Contract between Mason County Juvenile Probation and Washington Association of Sheriffs and Police Chiefs (WASPQ EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions) Juvenile Court Services has been a part of the Juvenile Detention Alternatives Initiative (JDAI) since 2008. As a part of this initiative, Juvenile Court Services receives grant funding to provide staff support and create alternative programming in lieu of detention. The Juvenile Court has an opportunity to receive additional funding for State Fiscal Years 2022/2023 and has elected to add Electronic Home Monitoring (EHM) to the menu of services that can be provided in lieu of detention. BUDGET IMPACT: There is no impact to the County General Fund as this service will be provided out of JDAI grant funding. PUBLIC OUTREACH: (Include any legal requirements, direct notice, website,community meetings,etc.) N/A RECOMMENDED OR REQUESTED ACTION: Approve moving the Agency Based Electronic Monitoring Agreement between WASPC and Mason County Juvenile Court to the Action Agenda of the next regular Mason County Board of County Commissioners meeting. ATTACHMENTS: Copy of Agreement Briefing Summary 2/24/2022 WASHINGTON ASSOCIATION OF SHERIFFS AND POLICE CHIEFS AGENCY BASED ELECTRONIC MONITORING AGREEMENT THIS AGREEMENT,hereinafter referred to as"Agreement'effective February 23, 2022 is made between the WASHINGTON ASSOCIATION OF SHERIFFS AND POLICE CHIEFS hereinafter referred to as"WASPC'with its principal place of business located at 3060 Willamette Drive NE, Lacey,WA 98516,and MASON COUNTY JUVENILE PROBATION hereinafter referred to as"The Department",with its principal place of business located at 436 W.Cedar St,Shelton,WA 98584 WITNESSETH WHEREAS, The Department desires to have certain services performed as hereinafter set forth requiring specialized skills, equipment and other supportive capabilities;and WHEREAS, WASPC represents that it possesses sufficient skills and necessary capabilities and equipment to perform the services set forth in this Agreement; NOW,THEREFORE,in consideration of the terms,conditions,covenants, and performances,contained herein,the parties hereto agree as follows: I. SERVICES WASPC shall perform services and accomplish such tasks, including for electronic monitoring on a per-client, per-day basis. The the furnishing of all materials and equipment necessary for full Department agrees to pay WASPC in accordance with the attached performance, as are identified and designated as WASPC Pricing Schedule. responsibilities throughout this Agreement. WASPC will charge for each monitoring conducted for any day or II. TERM OF AGREEMENT, TERMINATION, DURATION, AND part of any day during the interval preceding the submission of the RENEWAL statement of charges. The term of this Agreement is for one year [unless terminated as The Department agrees to pay WASPC an Equipment Inventory cost provided herein]from the effective date of the Agreement. of$3.85 per-unit, per-day. Inventory cost is based upon any agency that has in their possession a quantity of equipment not in service, This Agreement, its terms, conditions and authorized amendments, greater than necessary for timely operation. The quantity of shelf shall be renewed automatically for succeeding periods of one year on equipment allowable without cost will be determined based on the anniversary date of its original effective date unless either party program size and remain the final decision of WASPC. provides written notice within 60 days of the expiration of such one- year term that the party wishes to terminate the Agreement at the Tax will be added when applicable in accordance with the going tax expiration of the one-year term. rate for the contracted agency. WASPC reserves the right to adjust these rates during the contract period if necessary. In the event a All notifications in respect to this Agreement shall be in writing and price adjustment is necessary WASPC will provide The Department signed by a duly authorized representative of the party. Notification with written notification of adjustment thirty [30] days prior to any documents shall be sent by certified mail or delivered by messenger. adjustment. WASPC reserves the right to assess interest charges on all past due accounts and initiate collection actions. Any legal fees or Upon proper notification neither party shall be obligated to the other costs associated with said collection shall be awarded to the in any way outside those responsibilities defined in this Agreement. prevailing party. Notwithstanding, upon completion of WASPC services, The Department shall return in a timely manner all property due to In the event any new electronic monitoring equipment should become WASPC. WASPC is entitled to full payment for services rendered available during the term of this Agreement, the prices for such and accepted by The Department whether during the term of this equipment shall be the subject of good faith negotiation between the Agreement or thereafter. parties and shall become an addendum to this Agreement. III. COMPENSATION AND METHOD OF PAYMENT Submission of Statement WASPC will, at monthly intervals, submit a statement of charges Cost encompassing each client as designated by The Department. The price of services shall include the cost of all services,equipment, Payment for Service maintenance,training,and one way shipping necessary Upon receipt of the statement for services The Department will have ten [10]days to reconcile the statement and dispute any differences. Payment by The Department shall be made no later than thirty [30] days from the receipt of the statement for services. Revised August 10,2012 IV.LOSS OF OR DAMAGE TO EQUIPMENT The Department shall assume all risk of loss of or damage to the the validity of the remaining provisions shall not be affected, and the equipment from any cause whatsoever from and after the date of rights and obligations of the parties shall be construed and enforced delivery. Deliberate damage to or theft of monitoring equipment will be reported to local law enforcement for investigation. as if the Agreement did not contain the particular provision held to be invalid. The cost of replacement is denoted on the Pricing Schedule attached. The cost for repair will be at the prevailing rate as specified IX. ENTIRE AGREEMENT;WAIVER by WASPC. This Agreement, together with attachments hereto, and other In the event the equipment is lost or stolen The Department will have documents or instruments executed by WASPC and The Department 15 days to locate and return the equipment before a billing takes in connection herewith, shall constitute the entire agreement between place. the parties. This Agreement shall not be modified,amended, altered or changed except with written consent of The Department and V. INDEMNIFICATION WASPC. Any provision of this Agreement found to be prohibited by law shall be ineffective to the extent of such prohibition without Each party shall be responsible for its own acts and omissions and invalidating the remainder of the Agreement. The waiver by WASPC those of its officers, agents, elected officials and employees with of any breach by The Department of any term covenant or condition respect to this Agreement. Each party shall indemnify, defend and hereof shall not operate as a waiver of any subsequent breach hold the other party harmless from all cost, expense, claim, liability, thereof. penalty, injury or damage of any nature arising out of or in connection with their acts and omissions under this Agreement. Each party X. MONITORING SERVICES agrees to waive its immunity for claims arising out of or in connection with this Agreement. In the case of concurrent negligence of both WASPC will provide monitoring services with respect to individuals parties, any liability shall be assessed in proportion to the percentage ["Participants"]The Department selects to participate in the Electronic of negligence attributable to each party as determined by a court of Monitoring Program. competent jurisdiction, and each party shall have the right to seek contribution from the other party in proportion to the percentage of Monitoring Services shall include: (a) continuous radio frequency negligence attributable to the other party (RF) home detection monitoring consisting of a transmitter attached to the Participant and a receiver which is monitored through the VI. LIABILITY DISCLAIMER Participant's phone line. The system reports when the receiving unit is no longer receiving a signal from the transmitting device. (b) WASPC is not responsible for, and makes no implied or express Tracking will be performed using GPS. The Participant will wear a warranty regarding, the conduct of an offender while participating in transmitter and may carry a tracking device, which will receive the electronic home monitoring program. WASPC's duties and satellite signals from GPS, which will pinpoint the Participant's responsibilities are limited to the monitoring services provided for in location on the ground. (c) Alcohol Testing may be performed paragraph X of this Agreement. WASPC neither warrants nor through the use a transdermal alcohol detector worn by the offender represents that its monitoring of an offender will deter or cease an which will detect alcohol at or above .02 TAC. Alcohol testing can offender from re-offending or causing damage to person or property. also be performed through the use of a video camera and a portable An offender's eligibility for the electronic monitoring program is not BAC testing device electronically tied to the monitoring system,which determined by WASPC. Only the sentencing judge, after reviewing can be integrated, with the RF or GPS systems. The Participant can the offender's criminal history, can make a final determination of receive up to three calls/breath tests in a twenty-four period. (d) program eligibility. Unless specifically agreed otherwise, WASPC shall provide The Department notice of a Participant's violation of the electronic VII. GOVERNING LAW AND VENUE monitoring program via internet access, text message paging or e- mail. It is the Agency's responsibility to take action regarding the This Agreement shall be construed in accordance with,and governed violation. (e) WASPC shall conduct training and provide consultation by the laws of the State of Washington. Venue for any action shall in the operation of electronic monitoring devices used by WASPC. (f) be in the Superior Court of Thurston County,Washington. When required by Subpoena or Court Order, WASPC will make available a qualified person to give expert testimony and provide physical evidence at the then reasonable and customary rate for Vill. SEVERABILITY such services. It is understood and agreed by the parties hereto that if any part, term or provision of this Agreement is held by the Courts to be illegal, Revised August 10,2012 DATED: SIGNED: Authorized Representative SIGNED: Authorized Representative Approved As To Form DATED: SIGNED: Steve Strachan, Executive Director Washington Association of Sheriffs and Police Chiefs Michael E.McAleenan Approved As To Form Smith Alling&Lane 2884 16 If243001 2/24/22 Revised August 10,2012 MASON COUNTY BRIEFING ITEM SUMMARY FORM To: Board of Mason County Commissioners From: Dave Windom Department: Community Services Ext: 260 Briefing Date: 2/28/22 Previous Briefing Dates: 11/1/21 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: Consolidated Homeless Grant (CHG) Contract 22-46108-20 Amendment B Executive Summary: (If applicable, please include available options and potential solutions) The Department of Commerce is distributing unallocated funds to the Consolidated Homeless Grant standard funds category. Mason County's allotment is $86,628. Crossroads Housing is the recipient of CHG Standard Funds to operate a centralized rapid rehousing program for Mason County. The goal is to subcontract these funds to Crossroads to expand the rental assistance programs. Budget Impact: None Public Outreach: (Include any legal requirements, direct notice, website, community meetings, etc.) N/A Recommended/Requested Action: Move the CHG Amendment and subcontract amendment to the March 15 action agenda meeting for approval Attachments: CHG Amendment B Crossroads Amendment DocuSign Envelope ID:D1A940FE-AF83-4777-A3E3-683E1A8045E3 "mendment Contract Number:22-46108-20 Amendment Number:B Washington State Department of Commerce Community Services and Housing Division Housing Assistance Unit Consolidated Homeless Grant(CHG) 1.Contractor 2.Contractor Doing Business As(optional) Mason County Public Health 415 N.6`h St Shelton,WA 98584 3. Contractor Representative 4. COMMERCE Representative Casey Bingham Megan Kendig PO Box 42525 Fiscal Manager Grant Manager 1011 Plum St SE 360-427-9670 ext 562 (360)972-4143 Olympia,WA 98504-2525 caseyb@co.mason.wa.us megan.kendig@commerce.wa.gov 5.Original Contract Amount 6.Amendment Amount 7.New Contract Amount (and any previous amendments) $3,344,121 $86,628 $3,430,749 8. Amendment Funding Source 9.Amendment Start Date 10.Amendment End Date Federal: State:X Other: N/A: February 28,2022 June 30,2023 11.Federal Funds(as applicable): Federal Agency: CFDA Number: N/A N/A N/A 12.Amendment Purpose: Adds CHG standard funds. COMMERCE,defined as the Department of Commerce,and the Contractor,as defined above,acknowledge and accept the terms of this Contract As Amended and attachments and have executed this Contract Amendment on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this Contract As Amended are governed by this Contract Amendment and the following other documents incorporated by reference: CHG Guidelines(as they may be revised from time to time),and Contract Terms and Conditions including Attachment"A"—Scope of Work,Attachment`B"—Budget.A copy of this Contract Amendment shall be attached to and made a part of the original Contract between COMMERCE and the Contractor.Any reference in the original Contract to the"Contract'shall mean the"Contract as Amended". FOR GRANTEE FOR COMMERCE [OoeuSiyned by: VIAVU- , 96DD7776CA2E4F3... Kevin Shutty,BOCC Chair Diane Klontz,Assistant Director Community Services and Housing Division 2/21/2022 1 4:22 PM PST Date Date APPROVED AS TO FORM ONLY Sandra Adix Assistant Attorney General 3/20/2014 Date Department of Commerce DocuSign Envelope ID: D1A940FE-AF83-4777-A3E3-683E1A8045E3 Amendment This Contract is amended as follows: Attachment B Budget Budget Categories Current Contract Amendment B New Total Amount (and any previous amendments and revisions CHG Standard Admin $50,488.00 $8,000.000 $58,488.00 Rent/Fac Support Lease $116,000.00 $34,628.00 $150,628.00 Other Rent/Fac Support Lease and $66,101.00 $24,000.00 $90,101.00 Housing Costs Operations $104,000.00 $20,000.00 $124,000.00 PSH CHF PSH CHF Rent/Fac Support Lease $39,000.00 $0 $39,000.00 PSH CHF Other Rent/Fac Support $1,000.00 $0 $1,000.00 Lease and Housing Costs PSH CHF Operations $10,000.00 $0 $10,000.00 HEN SFY 2022 (July 2021-June 2022 HEN Admin 2022 $87,801.00 $0 $87,801.00 HEN Rent/Fac Support and Housing $867,722.00 $0 $867,722.00 Costs 2022 HEN Operations 2022 $289,240.00 $0 $289,240.00 HEN SFY 2023 (July 2022-June 2023 HEN Admin 2023 $87,801.00 $0 $87,801.00 HEN Rent/Fac Support and Housing $867,722.00 $0 $867,722.00 Costs 2023 HEN Operations 2023 $289,240.00 $0 $289,240.00 Hotel Leasing and Rapid Re-Housin Admin for Hotel Leasin /RRH $70,000.00 $0 $70,000.00 Hotel Leasin /RRH/O erations $399,446.00 $0 $399,446.00 Total $3,344,121.00 $86,628.00 $3,430,749.00 ALL OTHER TERMS AND CONDITIONS OF THIS CONTRACT REMAIN IN FULL FORCE AND EFFECT 2 Contract Between Mason County Community Services Department of Public Health and Crossroads Housing Professional Services Contract number CH:2021-2023.CHG.2163.TST (MC 21-058) Amendment# 2 The purpose of this amendment is to add CHG Standard Funds IT IS MUTUALLY AGREED THEREFORE: That the Original Contract is hereby amended as follows: 1 . EXHIBIT A: SCOPE OF SERVICE is hereby revised to include additional activities CHG Standard funds are for allowable activities under the CHG Grant Guidelines with a priority to expand the centralized rapid rehousing program, the use of flexible funds and other housing costs to achieve or maintain housing stability. 2. EXHIBIT C: BUDGET: Additional funding award in CHG Standard Category Administration: $8,000 Rent/Fac Support Lease: $34,628 Other Rent/Fac Support Lease and Housing Costs: $24,000 Operations: $20,000 TOTAL: $86,628 ALL OTHER TERMS AND CONDITIONS of the original Contract and any subsequent amendments hereto remain in full force and effect. IN WITNESS WHEREOF, the undersigned has affixed his/her signature in execution thereof on the day of 2022. CROSSROADS HOUSING: MASON COUNTY COMMISSIONERS Signature Kevin Shutty, Chair Date Mason County Board of Commissioners Title Date 1 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Alex Paysse DEPARTMENT: Community Services, EH EXT: 279 BRIEFING DATE: 2/28/2022 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: Request to re-hire EHS EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): Community services is requesting to rehire a Temp Full Time EHS and change its status to Regular Full Time. Last December, Casey Vaughn took a job with Dept. of Ecology. This position was added to complete deliverables from our Pierce Co./ South Sound PIC project which is funded to Sept. of 2022. We are looking to re-hire this position to finish the remaining grant deliverables. In addition, the position will assist with the implementation of our county-wide CWD objectives. This provides a nice transition into more stable work for the position, beyond the grant project end date. BUDGET IMPACT: This position is budgeted. Funding provided by Pierce Co. contract SC-106521 and CWD funding. After September, CWD funding will support the position entirely. PUBLIC OUTREACH:(include any legal requirements, direct notice, website, community meetings, etc.) Approval thru action agenda RECOMMENDED OR REQUESTED ACTION: Approval to replace and change EHS position from Temporary Full Time to Regular Full Time. Placement on next action agenda. ATTACHMENTS: None Briefing Summary 2/22/2022 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Marissa Watson DEPARTMENT: Community Development - Planning EXT: 367 BRIEFING DATE: February 28, 2022 PREVIOUS BRIEFING DATES: December 6, 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 ❑ Other — please explain ITEM: Request for Proposals (RFP) for Consultant Services: SMP Competitive Grant — Shoreline Development Website & User Guide EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): Mason County Community Services (Planning Department) requests consultant services to assist in preparing a Shoreline Development website incorporating a Shoreline Master Program User Guide as well as the revision/redesign of the DCD's shoreline application forms. BUDGET IMPACT: The County has been awarded a $50,000 grant to utilize consultant services to complete the tasks outlined in contract SEAS MPC-2123-MACoCs-00009. PUBLIC OUTREACH:(Include any legal requirements, direct notice, website, community meetings, etc.)The RFP will go out to the MRSC roster. Once the SMP Competitive Grant work is underway, there will be opportunity for public participation. RECOMMENDED OR REQUESTED ACTION: Place on March 1, 2022 action agenda approval of draft RFP for distribution. ATTACHMENTS: Draft RFP and signed contract SEASMPC-2123-MACoCs-00009 Briefing Summary 2/23/2022 MASON COUNTY COMMUNITY SERVICES Building,Planning,Environmental Health,Community Health Mason County Request for Proposals Mason County Shoreline Development Website and Shoreline Master Program User Guide Project 1. Project Overview: Mason County intends to develop a Shoreline Master Program user guide, with a major focus on Common Line Mitigation Plan (CLMP) drafting, which will be located on a dedicated Mason County Shoreline Development website that will be linked to the County's website. The project will also include the ability for the guide to be printed as well as revision of the County's current shoreline application forms. It is anticipated that the website, user guide, and revised shoreline application forms will be finalized by no later than February 2023. Mason County Department of Community Services (Planning Department) is the assigned coordinator for this project. 2. Project Purpose and Description: The purpose of this project is to improve compliance with provisions of the Shoreline Master Program by increasing public accessibility and understanding of the development regulations, to support the enhanced quality of shoreline development applications and mitigation plans and increase the overall community interest in shoreline development. The County will be engaging professional services to develop the website, user guide element (including CLMP), and shoreline application forms. Input from County staff, community members, professionals, and affected tribes will be considered when narrowing down County specific user guide content and mitigation methods. 3. Required Qualifications: • Demonstrated experience and expertise in preparation of Shoreline Master Program policies and regulations; • Experience and expertise in preparation of shoreline master program user guides, • Demonstrated experience in preparation of mitigation plans; • Demonstrated experience and expertise in design and development of websites for local governments, and • Experience in community outreach and facilitation. 4. Project Scope-of-Work: • Determine which provisions of the SMP and related Resource Ordinance (RO) provisions that create the most confusion, are more complex, cause frequent inquiries, and require additional illustration outside of the code; • Creation of a user guide webpage(s) that clarifies, elaborates, and illustrates the provisions determined for inclusion in the guide; • Utilization of the existing Mason County RO Appendix B Common Line Mitigation Manual (CLMP) to create an interactive webpage dedicated to the clarification, illustration and calculation of the CLMP for an applicant's project; • Creation of Mason County Shoreline Development website that includes the above, as well as all shoreline application forms; • Revision of Mason County's shoreline application forms addressing better layout, missing information, redundancies, consolidation, additional forms, etc.; and • Public Outreach plan and efforts. 5. Project Timeline: The Proposal shall provide a timeline for the project including the anticipated start date, milestone dates and project completion date. 6. Costs/Budget: The Proposal shall explain what is included for each budget item. Describe exactly what is included in the pricing for the proposal broken down by Phase and Tasks. All proposals must not exceed $50,000. 7. Proposal Requirements: The Proposal must be submitted on letter size paper with a minimum 11-point font, not to exceed 10 pages in length and contain the following components: 1. Contact name, address, telephone number and e-mail address. 2. Detailed description of skills, experience, and ability to prepare shoreline master program user guides, mitigation plans, websites for local government, and application forms and handouts for local government. 3. Identification and designation of roles/responsibilities of key project staff. 4. Minimum of three, maximum of five client references including project type, dates, contact information and description. 5. Proposed Scope of Work in Phases that leads to a final Mason County shoreline development website with user guide and interactive Common Line Mitigation Plan element, as well as finalized shoreline applications forms. 6. Proposed budget per Phase and Tasks including time (salary and benefit costs or hourly fee), travel, supplies and other expenses as allowed. 7. Anticipated timeline of proposed activities based on the stated performance start and end date. 8. Statement of acceptance, ability, and willingness to enter into a Professional Services Contract. 9. Statement as to whether the Proposer is a minority- and/or women-owned firm. Note-Proposers are to refrain from submitting proposals that will not be easily duplicated such as those with spiral binding, photos, or over-sized paper. 8. Proposal Submission: Interested firms should submit five (5) copies their proposal pursuant to this RFP. The proposal coversheet should include the following information: firm name, address, phone numbers; and name of Principal-in-Charge and Project Manager. The submittal shall also include resumes of key personnel who will perform the work, including descriptions of similar projects they have been involved with, their role in each project, and professional certifications. Resumes are in addition to the 10-page maximum. Mason County will review all proposals and may request interviews. The County will select the qualified applicant in a priority ranking and will negotiate the estimated professional services based on the general scope of work outlined in the proposal. If agreement with the top-ranking applicant is not reached, the County may negotiate with the next ranked applicant, or reopen the RFP process. Mason County encourages disadvantaged, minority, and women-owned consulting firms to respond. Please note that information obtained from sources other than the Project Manager or with respect to this project may not be accurate. Notices related to revisions or updates to the RFP will be provided via e-mail, unless the Applicant requests to receive it by regular mail. Regular mail will be post marked the same date any a-mails are sent. All costs for proposal preparation and negotiation incurred by the proposer, whether they lead to execution of a contract and agreement with Mason County or not must be borne entirely and exclusively by the proposer. Mason County reserves the following rights for acceptance, modification, and/or rejection of submitted proposals such as: • Rejection of any or all proposals. • Rejection of any proposal not in compliance with proposal requirements. • Providing of addenda, amendments, supplementary material, or other modifications to the proposal specifications. • Cancellation of this Request for Proposals without issuance of another Request for Proposals. • Issuance of subsequent requests for new proposals. • Request for submission of further information by the proposer in order to complete evaluation by Mason County. • Determination to select one or more proposers for attempted negotiation of a final contract(s). Decisions made by Mason County will be final. Mason County further reserves the sole right to determine which proposal best serves the County's interest or to reject any or all proposals. 9. Request for Proposal Process and Timeline Issuance of RFP March 03, 2022 Last Day to Submit Questions March 11, 2022 Proposals Due March 18, 2022 Short List of Consultants* March 24, 2022 Final Selection* March 28, 2022 Execute Contract* Aril 5, 2022 *Dates with an asterisk are estimated dates and are for informational purposes only. 10. Proposal Evaluation Criteria: Proposals will be reviewed to ensure that they meet the specifications as detailed in this RFP. Proposals that do not meet the requirements will not be scored and will be removed from further consideration. Proposals that pass the technical review will be scored by a Review Committee based on the following criteria: The scoring criteria are subject to change without notice. Proposal Component Rated from 1-10 with 1 being the lowest Demonstrated project experience and skills 1 2 3 4 5 6 7 8 9 10 Capabilities of key project staff 1 2 3 4 5 6 7 8 9 10 Creative Public Outreach practices 1 2 3 4 5 6 7 8 9 10 Experience working in project area 1 2 3 4 5 6 7 8 9 10 Proposed approach the narrative 1 2 3 4 5 6 7 8 9 10 Proposed scope-of-work 1 2 3 4 5 6 7 8 9 10 Proposed timelines 1 2 3 4 5 6 7 8 9 10 Proposed deliverables 1 2 3 4 5 6 7 8 9 10 Project budget 1 2 3 4 5 6 7 8 9 10 Inclusion of required Statements 1 2 3 4 5 6 7 8 9 10 Client references 1 2 3 4 5 6 7 8 9 10 Minority and Women's Business Enterprises 1 2 3 4 5 6 7 8 9 10 12. Contact Information: Questions should be directed to Marissa Watson, Senior Planner, Mason County Department of Community Services. Marissa Watson can be reached by phone at (360) 427-9670 ext. 367, or by email at mwatson@masoncountywa.gov. 13. Relevant Plans and Information (not exhaustive): • Mason County Shoreline Master Program • Mason County Resource Ordinance • Mason County Resource Ordinance (Appendices A, B, & C) DEPARTMENT OF 1 ECOLOGY State of Washington Agreement No. SEASMPC-2123-MACoCs-00009 SHORELANDS SMP COMPETITIVE AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND MASON COUNTY COMMUNITY SERVICES This is a binding Agreement entered into by and between the state of Washington,Department of Ecology,hereinafter rcferred to as"ECOLOGY,"and Mason County Community Services,hereinafter referred to as the"RECIPIENT,"to carry out with the provided funds activities described herein. GENERAL INFORMATION Project Title: Mason County Shoreline Master Program User Guide Total Cost: $50,000.00 Total Eligible Cost: $50,000.00 Ecology Share: $50,000.00 Recipient Share: $0.00 The Effective Date of this Agreement is: 01/01/2022 The Expiration Date of this Agreement is no later than: 06/30/2023 Project Type: Planning Project Short Description: Mason County Community Services(RECIPIENT)will develop a digital Shoreline Master Program(SMP)user guide and develop a dedicated Mason County Shoreline Development website. The RECIPIENT will also update existing SMP development application forms.This project will increase public accessibility and understanding of the regulations in the SMP for Mason County shorelines. Project Lon DR escription: Since adoption of the SMP in 2017,interaction with the public has shown that the Mason County(County) SMP is difficult for the public to navigate and cumbersome for staff to explain.This time period has also revealed that the Common Line Mitigation Plan(CLMP)manual,Appendix B of the County's Resource Ordinance,is still confusing to shoreline property owners and the professionals they work with, as indicated by the lack of CLMP submittals with building permits,inadequate submittals,and communication with property owners and/or professionals. State of Washington Department of Ecology Page 2 of 22 Agreement No: SEASMPC-2123-MACoCs-00009 Project Title: Mason County Shoreline Master Program User Guide Recipient Name: Mason County Community Services The RECIPIENT will create a"Shoreline Development"website,linked to the County website and maintained by the County's Department of Community Development.A digital SMP user guide will be developed as a major focus of the website.The user guide will translate the regulatory language of the SMP into clear,concise,explanatory text,including examples and illustrations.The option to print the guide from the website will also be available. The RECIPIENT will also redesign the County's shoreline application forms,which are also available on the website. The digital SMP user guide's primary concentration will be on explaining and illustrating provisions that address the more common shoreline development issues and permits within Mason County, including the CLMP as a major focus. The review and redesign of the application forms will address issues with missing information,redundancies,and overall layout. The purpose of this project is to improve the implementation and effectiveness of the Mason County Shoreline Master Program by increasing compliance with SMP provisions through information accessibility,clarity,and providing the public clear examples of how implementation of the SMP can have lasting impacts on the environment and future land use. The RECIPIENT intends for this project to be the first phase of a larger project that would eventually include setup of a new,more efficient digital shoreline application process,as well as a new mitigation monitoring procedure utilizing the County's current permitting software,SmartGov. Overall Goal: Provide an accessible and clear resource to the public regarding the provisions of the SMP,and communicate the SMP's purpose regarding and connection to the health of the community.Improve compliance with SMP provisions, improve quality of shoreline development applications and mitigation plans,and increase overall community interest in shoreline development. Template version 12/10/2020 State of Washington Department of Ecology Page 3 of 22 Agreement No: SEASMPC-2123-MACoCs-00009 Project Title: Mason County Shoreline Master Program User Guide Recipient Name: Mason County Community Services RECIPIENT INFORMATION Organization Name: Mason County Community Services Federal Tax ID: 91-6001354 DUNS Number: 695801751 Mailing Address: 615 West Alder Shelton,WA 98584 Physical Address: 615 West Alder Shelton,Washington 98584 Contacts I i I Template Version 12/10/2020 State of Washington Department of Ecology Page 4 of 22 Agreement No: SEASMPC-2123-MACoCs-00009 Project Title: Mason County Shoreline Master Program User Guide Recipient Name: Mason County Community Services Marissa Watson Project Manager Senior Planner 615 W.Alder Shelton,Washington 98584 Email: lnwatson@masoncountywa.gov Phone: (360)427-9670 X367 Billing Contact Kathy Chaussee 615 West Alder Shelton,Washington 98584 Email: katliyc@masoncountywa.gov Phone: (360)427-9670 Kell Rowen Authorized Planning Manager Signatory 615 West Alder Shelton,Washington 98584 Email: krowen@ �n c� .t cct,�.l-�;v�. ,•� Phone: (360)427-9670 Template Version 12/10/2020 State of Washington Department of Ecology Page 5 of 22 Agreement No: SEASMPC-2123-MACoCs-00009 Project Title: Mason County Shoreline Master Program User Guide Recipient Name: Mason County Community Services ECOLOGY INFORMATION Mailing Address: Department of Ecology Shorelands PO BOX 47600 Olympia,WA 98504-7600 Physical Address: Shorelands 300 Desmond Drive SE Lacey,WA 98503 Contacts Tess Brandon Project Manager PO Box 47775 Olympia,Washington 98504-7775 Email: TEBR461@ecy.wa.gov Phone: (564)200-3016 Michele Boderck Financial Manager PO Box 47600 Olympia,Washington 98504-7600 Email: mbod461@ecy.wa.gov Phone: (360)764-6907 Template Version 12/10/2020 State of Washington Department of Ecology Page 6 of 22 Agreement No: SEASMPC-2123-MACoCs-00009 Project Title: Mason County Shoreline Master Program User Guide Recipient Name: Mason County Community Services AUTHORIZING SIGNATURES RECIPIENT agrees to furnish the necessary personnel,equipment,materials,services,and otherwise do all things necessary for or incidental to the performance of work as set forth in this Agreement. RECIPIENT acknowledges that they had the opportunity to review the entire Agreement,including all the terms and conditions of this Agreement,Scope of Work,attachments,and incorporated or referenced documents,as well as all applicable laws, statutes,rules,regulations,and guidelines mentioned in this Agreement. Furthermore,the RECIPIENT has read,understood, and accepts all requirements contained within this Agreement. This Agreement contains the entire understanding between the parties,and there are no other understandings or representations other than as set forth,or incorporated by reference,herein. No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing,signed by authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement.ECOLOGY and RECIPIENT may change their respective staff contacts without the concurrence of either party. This Agreement shall be subject to the written approval of Ecology's authorized representative and shall not be binding until so approved. The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their respective organizations to this Agreement. Washington State Mason County Community Services Department of Ecology By. 2/17/2022 By. ` 2 1 Z2 Joenne McGerr Date Kell Rowen Date Shorelands Planning Manager Program Manager Template Approved to Form by Attorney General's Office Template Version 12/10/2020 State of Washington Department of Ecology Page 7 of 22 Agreement No: SEASMPC-2123-MACoCs-00009 Project Title: Mason County Shoreline Master Program User Guide Recipient Name: Mason County Community Services SCOPE OF WORK Task Number: I Task Cost: $0.00 Task Title: 1.Project Administration/Management Task Description: The RECIPIENT shall provide necessary project oversight to complete the scope of work in compliance with this ECOLOGY agreement,which includes project coordination,administration and management. A.The RECIPIENT shall coordinate with ECOLOGY throughout the project.The RECIPIENT will provide ECOLOGY opportunities to review draft deliverables at appropriate intervals. ECOLOGY will provide ongoing technical assistance,and will evaluate consistency of deliverables with the Shoreline Management Act and applicable guidelines throughout the review process. B.The RECIPIENT shall conduct project management activities including compliance with state statutes and rules,project scheduling,adherence to the scope of work,timelines,and due dates;request for,and if applicable,conducting the competitive procurement process including preparation of contractor bidding documents,advertisements,and grant monitoring. C.The RECIPIENT shall submit quarterly progress reports and payment requests (PRPRs)with supporting documentation; maintain project records;and submit ECOLOGY-approved deliverables by the due dates established between ECOLOGY and the RECIPIENT. Task Goal Statement: Properly manage and frilly document the project in accordance with ECOLOGY's grant administration requirements. Task Expected Outcome: Timely and complete submittal of requests for reimbursement,quarterly progress reports,and recipient closeout report. Properly maintained project documentation. Recipient Task Coordinator: Marissa Watson 1.Project Administration/Management Deliverables Number Description Due Date 1.1 Payment Request/Progress Report(PRPR) 1.2 Recipient Close Out Report(RCOR) 06/30/2023 Template Version 12/10/2020 State of Washington Department of Ecology Page 8 of 22 Agreement No: SEASMPC-2123-MACoCs-00009 Project Title: Mason County Shoreline Master Program User Guide Recipient Name: Mason County Community Services SCOPE OF WORK Task Number: 2 Task Cost: $50,000.00 Task Title: 2.Shoreline Development Website,User Guide,Forms Task Description: A. Secure qualified consultant services: In accordance with the RECIPIENT or State of Washington procurement procedures, the RECIPIENT will enter into a contract with the selected consultant(s)and prepare a contract in accordance with the scope of work in this agreement. B. The RECIPIENT will develop a shoreline development website with oversight and guidance from the County's long range planner and feedback from staff,the community,professionals,and affected tribes.The RECIPIENT will solicit and obtain such feedback through implementation of the public outreach activities described in subtask(E). C. The RECIPIENT will develop a digital user guide;to be available via the shoreline development website described in subtask(B),with oversight and guidance from the County's long range planner and feedback from staff,the community, professionals,and affected tribes.The RECIPIENT will solicit and obtain such feedback through implementation of the public outreach activities described in subtask(E). D. The RECIPIENT will review and redesign the County's shoreline permit application forms with oversight and guidance from the County's long range planner and feedback fiom staff,the community,professionals,and affected tribes.The RECIPIENT will solicit and obtain such feedback through implementation of the public outreach activities described in subtask (E). E. The RECIPIENT will solicit and obtain feedback on the shoreline development website,digital user guide,and shoreline permit application forms through implementation of public outreach activities that may include,but are not limited to,a news release,at least one public workshop,a project webpage with a link to provide input,and email communications.For any publications and education and outreach materials,the RECIPIENT will follow ECOLOGY'S requirements in the following sections of the Agreement General Terms and Conditions:3.ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY;and 19.PRESENTATION AND PROMOTIONAL MATERIALS. Task Goal Statement: Increase public accessibility and provide further clarity regarding the Shoreline Master Program by creating a shoreline development website. Task Expected Outcome: A. A signed consultant contract(s). B. An easily accessible and navigable shoreline development website. C. A digital user guide,available on the shoreline development website,that clearly illustrates Mason County SMP regulations and concepts,and that elaborates on the purpose of the SMP and Shoreline Management Act with relatable examples connecting the health of the shoreline and the health of the conununity. D. Redesigned shoreline permit applications that resolve redundancies,missing information,and establish overall cohesiveness. Template Version 12/10/2020 State of Washington Department of Ecology Page 9 of 22 Agreement No: SEA SMPC-2123-MACoCs-00009 Project Title: Mason County Shoreline Master Program User Guide Recipient Name: Mason County Community Services Recipient Task Coordinator: Marissa Watson 2.Shoreline Development Website,User Guide,Forms Deliverables Number Description Due Date 2.1 Final signed consultant contract.Upload to EAGL. 2.2 Draft"Shoreline Development"website.Provide link to website and/or upload to EAGL. 2.3 Draft Digital User Guide.Provide link to website and/or upload to EAGL. 2.4 Draft shoreline application forms.Upload to EAGL. 2.5 Education and outreach materials. Submit draft to ECOLOGY Project Manager for review prior to publication.Upload initial draft and final version to EAGL. 2.6 Final version"Shoreline Development"website.Provide link to website and/or u Toad to EAGL. 2.7 Final Digital User Guide.Provide link to website and/or upload to EAGL. 2.8 Final shoreline application forms.Upload to EAGL. Template Version 12/10/2020 State of Washington Department of Ecology Page 10 of 22 Agreement No: SEASMPC-2123-MACoCs-00009 Project Title: Mason County Shoreline Master Program User Guide Recipient Name: Mason County Community Services BUDGET Funding Distribution EG220516 NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment remittances and may be referenced on other communications fi-onr ECOLOGY. Your agreement may have multiple funding distribution numbers to identify each budget. Funding Title: Model Toxic Control Operating Account(MT(Funding Type: Grant Funding Effective Date: 01/01/2022 Funding Expiration Date: 06/30/2023 Funding Source: Title: Model Toxics Control Operating Account(MTCOA) Fund: 23P Type: State Funding Source%: 100% Description: Model Toxics Control Operating Account(MTCOA) Approved Indirect Costs Rate: Approved State Indirect Rate:0% Recipient Match%: 0% InKind Interlocal Allowed: No InKind Other Allowed: No Is this Funding Distribution used to match a federal grant? No Model Toxic Control Operating Account(MTCOA) Task Total 1.Project Administration/Management $ 0.00 2.Shoreline Development Website,User Guide,Forms $ 50,000.00 Total: $ 50,000.00 Template Version 12/10/2020 State of Washington Department of Ecology Page I I of 22 Agreement No: SEASMPC-2123-MACoCs-00009 Project Title: Mason County Shoreline Master Program User Guide Recipient Name: Mason County Community Services Funding Distribution Summary Recipient/Ecology Share Funding Distribution Name Recipient Match% Recipient Share Ecology Share Total Model Toxic Control Operating 0.00 % $ 0.00 $ 50,000.00 $ 50,000.00 Account(MTCOA) Total $ 0.00 $ 50,000.00 $ 50,000.00 AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECIAL TERMS AND CONDITIONS Deliverable Due Date Form: The RECIPIENT will negotiate the task deliverable due dates with the ECOLOGY Project Manager,and the ECOLOGY Project Manager will enter the information in the Deliverable Due Date EAGL form.The RECIPIENT will keep track of these dates,and will note any date changes on the quarterly progress reports.The Deliverable Due Date form can be found on the Application Menu-Forms page in EAGL. (Note:This form does not automatically print out with the agreement.) GENERAL FEDERAL CONDITIONS If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is used to match a federal grant award,the following terms and conditions apply to you. A.CERTIFICATION REGARDING SUSPENSION,DEBARMENT,INELIGIBILITY OR VOLUNTARY EXCLUSION: 1. The RECIPIENT/CONTRACTOR,by signing this agreement,certifies that it is not suspended,debarred,proposed for debarment,declared ineligible or otherwise excluded from contracting with the federal government,or from receiving contracts paid for with federal funds.If the RECIPIENT/CONTRACTOR is unable to certify to the statements contained in the certification,they must provide an explanation as to why they cannot. 2. The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 3. The terms covered transaction,debarred,suspended,ineligible,lower tier covered transaction,participant,person, primary covered transaction,principal,proposal,and voluntarily excluded,as used in this clause,have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact ECOLOGY for assistance in obtaining a copy of those regulations. 4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable Code of Federal Regulations,debarred,suspended, declared ineligible,or voluntarily excluded from participation in this covered transaction. 5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement,that it will include this clause titled Template Version 12/10/2020 State of Washington Department of Ecology Page 12 of 22 Agreement No: SEASMPC-2123-MACoCs-00009 Project Title: Mason County Shoreline Master Program User Guide Recipient Name: Mason County Community Services "CERTIFICATION REGARDING SUSPENSION,DEBARMENT,INELIGIBILITY OR VOLUNTARY EXCLUSION"without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 6. Pursuant to 2CFR 180.330,the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier•covered transaction complies with certification of suspension and debarment requirements. 7. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal Regulations may result in the delay or negation of this funding agreement,or pursuance of legal remedies,including suspension and debarment. 8. RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file,that it,and all lower tier recipients or contractors,are not suspended or debarred,and will make this proof available to ECOLOGY before requests for reimbursements will be approved for payment.RECIPIENT/CONTRACTOR must run a search in <Iittp://www.sam.gov>and print a copy of completed searches to document proof of compliance. B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT(FFATA)REPORTING REOUIREMENTS: CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395)and return it with the signed agreement to ECOLOGY. Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five top executives using the FFATA Data Collection Form. Receives more than$25,000 in federal funds under this award. Receives more than 80 percent of its annual gross revenues from federal funds. Receives more than$25,000,000 in annual federal funds. Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form.Ecology is required to report the FFATA information for federally funded agreements,including the required DUNS number,at www.fsrs.gov<Iittp://www.fsrs.pov/>within 30 days of agreement signature. The FFATA information will be available to the public at www.usaspetiding:gov<http://www.usaspending ov/>. For more details on FFATA requirements,see www.fsrs.gov<http://www.fsis.gov/>. C.FEDERAL FUNDING PROHIBITION ON CERTAIN TELECOMMUNICATIONS OR VIDEO SURVEILLANCE SERVICES OR EQUIPMENT: As required by 2 CFR 200.216,federal grant or loan recipients and subrecipients are prohibited from obligating or expending loan or grant funds to: 1. Procure or obtain; 2. Extend or renew a contract to procure or obtain;or 3. Enter into a contract(or extend or renew a contract)to procure or obtain equipment,services,or systems that use covered telecommunications equipment,video surveillance services or services as a substantial or essential component of any system,or as critical technology as part of any system.As described in Public Law 115-232 <Iittt)s://www.govitifo.gov/conteiit/l)k(_,/Pl.,AW-115pub1232/pdf/PLAW-115pub1232.pdf5,section 889,covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Template Version 12/10/2020 State of Washington Department of Ecology Page 13 of 22 Agreement No: SEASMPC-2123-MACoCs-00009 Project Title: Mason County Shoreline Master Program User Guide Recipient Name: Mason County Community Services Corporation(or any subsidiary or affiliate of such entities). Recipients,subrecipients,and borrowers also may not use federal funds to purchase certain prohibited equipment,systems,or services,including equipment,systems,or services produced or provided by entities identified in section 889,are recorded in the System for Award Management(SAM)<Iittps://sani.gov/SAM/>exclusion list. Template Version 12/10/2020 State of Washington Department of Ecology Page 14 of 22 Agreement No: SEASMPC-2123-MACoCs-00009 Project Title: Mason County Shoreline Master Program User Guide Recipient Name: Mason County Community Services GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements With the state of Washington,Department of Ecology GENERAL TERMS AND CONDITIONS For DEPARTMENT OF ECOLOGY GRANTS and LOANS 06/24/2021 Version 1. ADMINISTRATIVE REQUIREMENTS a) RECIPIENT shall follow the"Administrative Requirements for Recipients of Ecology Grants and Loans—EAGL Edition." (https:Hfortress.wa.gov/ecy/publications/SummaryPages/I 701004.httnt) b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all funds and resources made available under this Agreement. c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement,including ensuring all subgrantees and contractors comply with the terms and conditions of this Agreement.ECOLOGY reserves the right to request proof of compliance by subgrantees and contractors. d) RECIPIENT's activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and character of all work and services. 2. AMENDMENTS AND MODIFICATIONS This Agreement may be altered,amended,or waived only by a written amendment executed by both parties. No subsequent modification(s)or amendment(s)of this Agreement will be of any force or effect unless in writing and signed by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative information without the concurrence of either party. 3. ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY The RECIPIENT must comply with the Washington State Office of the Chief Information Officer,OCIO Policy no. 188, Accessibility(https://ocio.wa.gov/policy/accessibility)as it relates to"covered technology."This requirement applies to all products supplied under the Agreement,providing equal access to information technology by individuals with disabilities, including and not limited to web sites/pages,web-based applications,software systems,video and audio content,and electronic documents intended for publishing on Ecology's public web site. 4. ARCHAEOLOGICAL AND CULTURAL RESOURCES RECIPIENT shall take all reasonable action to avoid,minimize,or mitigate adverse effects to archaeological and historic archaeological sites,historic buildings/structures,traditional cultural places,sacred sites,or other cultural resources,hereby referred to as Cultural Resources. The RECIPIENT must agree to hold harmless ECOLOGY in relation to any claim related to Cultural Resources discovered, disturbed,or damaged due to the RECIPIENT's project funded under this Agreement. RECIPIENT shall: a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project: - Cultural Resource Consultation and Review should be initiated early in the project planning process and must be completed prior to expenditure of Agreement funds as required by applicable State and Federal requirements. *For state funded construction,demolition,or land acquisitions,comply with Governor Executive Order 21-02,Archaeological and Cultural Resources. Template Version 12/10/2020 State of Washington Department of Ecology Page 15 of 22 Agreement No: SEASMPC-2123-MACoCs-00009 Project Title: Mason County Shoreline Master Program User Guide Recipient Name: Mason County Community Services • For projects with any federal involvement,comply with the National Historic Preservation Act of 1966(Section 106). b) If required by the ECOLOGY Program,submit an Inadvertent Discovery Plan(IDP)to ECOLOGY prior to implementing any project that involves field activities. ECOLOGY will provide the IDP form. RECIPIENT shall: • Keep the IDP at the project site. • Make the IDP readily available to anyone working at the project site. • Discuss the IDP with staff,volunteers,and contractors working at the project site. • Implement the IDP when Cultural Resources or human remains are found at the project site. c) If any Cultural Resources are found while conducting work under this Agreement,follow the protocol outlined in the project IDP. • Immediately stop work and notify the ECOLOGY Program,who will notify the Department of Archaeology and Historic Preservation at(360)586-3065,any affected Tribe,and the local government. d) If any human remains are found while conducting work under this Agreement,follow the protocol outlined in the project IDP. • Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office,the Department of Archaeology and Historic Preservation at(360)790-1633,and then the ECOLOGY Program. e) Comply with RCW 27.53,RCW 27.44,and RCW 68.50.645,and all other applicable local,state,and federal laws protecting Cultural Resources and human remains. 5. ASSIGNMENT No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT. 6. COMMUNICATION RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT's designees,ECOLOGY,all affected local,state,or federal jurisdictions,and any interested individuals or groups. 7. COMPENSATION a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT. ECOLOGY must sign the Agreement before any payment requests can be submitted. b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement. c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure. d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY. e) ECOLOGY will not process payment requests without the proper reimbursement forms,Progress Report and supporting documentation. ECOLOGY will provide instructions for submitting payment requests. f) ECOLOGY will pay the RECIPIENT thirty(30)days after receipt of a properly completed request for payment. g) RECIPIENT will receive payment through Washington State's Office of Financial Management's Statewide Payee Desk. To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W-9 form at website,https://oftn.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor registration process,you can contact Statewide Payee Help Desk at(360)407-8180 or email PayeeRegistration@ofm.wa.gov. h) ECOLOGY may,at its sole discretion,withhold payments claimed by the RECIPIENT if the RECIPIENT fails to satisfactorily comply with any term or condition of this Agreement. i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein,or a portion thereof,has been completed if,at ECOLOGY's sole discretion,such payment is reasonable and approved according to this Agreement,as appropriate,or upon completion of an audit as specified herein. Template Version 12/10/2020 State of Wasiunglon Department of Ecology Page 16 of 22 Agreement No: SEASMPC-2123-MACoCs-00009 Project Title: Mason County Shoreline Master Program User Guide Recipient Name: Mason County Community Services j) RECIPIENT must submit within thirty(30)days after the expiration date of this Agreement,all financial,performance,and other reports required by this Agreement.Failure to comply may result in delayed reimbursement. 8. COMPLIANCE WITH ALL LAWS RECIPIENT agrees to comply fully with all applicable federal,state and local laws,orders,regulations,and permits related to this Agreement,including but not limited to: a) RECIPIENT agrees to comply with all applicable laws,regulations,and policies of the United States and the State of Washington which affect wages and job safety. b) RECIPIENT agrees to be bound by all applicable federal and state laws,regulations,and policies against discrimination. c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the permit and approval processes. ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to comply with above requirements. If any provision of this Agreement violates any statute or rule of law of the state of Washington,it is considered modified to conform to that statute or rule of law. 9. CONFLICT OF INTEREST RECIPIENT and ECOLOGY agree that any officer,member,agent,or employee,who exercises any function or responsibility in the review,approval,or carrying out of this Agreement,shall not have any personal or financial interest,direct or indirect,nor affect the interest of any corporation,partnership,or association in which he/she is a part,in this Agreement or the proceeds thereof. 10. CONTRACTING FOR GOODS AND SERVICES RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall award all contracts for construction,purchase of goods,equipment,services,and professional architectural and engineering services through a competitive process,if required by State law. RECIPIENT is required to follow procurement procedures that ensure legal,fair,and open competition. RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT may be required to provide written certification that they have followed their standard procurement procedures and applicable state law in awarding contracts under this Agreement. ECOLOGY reserves the right to inspect and request copies of all procurement documentation,and review procurement practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state procurement law or the RECIPIENT'S normal procedures may be disallowed at ECOLOGY's sole discretion. 11. DISPUTES When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the determination of ECOLOGY will govern,although the RECIPIENT shall have the right to appeal decisions as provided for below: a) RECIPIENT notifies the funding program of an appeal request. b) Appeal request must be in writing and state the disputed issue(s). c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal. d) ECOLOGY reviews the RECIPIENT's appeal. e) ECOLOGY sends a written answer within ten(10)business days,unless more time is needed,after concluding the review. Template Version 12/10/2020 State of Washinglon Department of Ecology Page 17 of 22 Agreement No: SEASMPC-2123-MACoCs-00009 Project Title: Mason County Shoreline Master Program User Guide Recipient Name: Mason County Community Services The decision of ECOLOGY from an appeal will be final and conclusive,unless within thirty(30)days from the date of such decision,the RECIPIENT furnishes to the Director of ECOLOGY a written appeal.The decision of the Director or duly authorized representative will be final and conclusive. The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal. Appeals of the Director's decision will be brought in the Superior Court of Thurston County. Review of the Director's decision will not be taken to Environmental and Land Use Hearings Office. Pending final decision of a dispute,the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in accordance with the decision rendered. Nothing in this Agreement will be construed to limit the parties'choice of another mutually acceptable method,in addition to the dispute resolution procedure outlined above. 12. ENVIRONMENTAL DATA STANDARDS a) RECIPIENT shall prepare a Quality Assurance Project Plan(QAPP)for a project that collects or uses environmental measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY Program issuing the grant or loan. If a QAPP is required,the RECIPIENT shall: • Use ECOLOGY's QAPP Template/Checklist provided by the ECOLOGY,unless ECOLOGY Quality Assurance(QA) officer or the Program QA coordinator instructs otherwise. • Follow ECOLOGY's Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies,July 2004 (Ecology Publication No.04-03-030). • Submit the QAPP to ECOLOGY for review and approval before the start of the work. b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental Information Management system(EIM),unless the ECOLOGY Program instructs otherwise.The RECIPIENT must confirm with ECOLOGY that complete and correct data was successfully loaded into EIM,find instructions at: http://www.ecy.wa.gov/eim. c) RECIPIENT shall follow ECOLOGY'S data standards when Geographic Information System(GIS)data is collected and processed.Guidelines for Creating and Accessing GIS Data are available at: littps://ecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards.RECIPIENT,when requested by ECOLOGY,shall provide copies to ECOLOGY of all final GIS data layers,imagery,related tables,raw data collection files,map products,and all metadata and project documentation. 13. GOVERNING LAW This Agreement will be governed by the laws of the State of Washington,and the venue of any action brought hereunder will be in the Superior Court of Thurston County. 14. INDEMNIFICATION ECOLOGY will in no way be held responsible for payment of salaries,consultant's fees,and other costs related to the project described herein,except as provided in the Scope of Work. To the extent that the Constitution and laws of the State of Washington permit,each party will indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this Agreement. 15. INDEPENDENT STATUS The employees,volunteers,or agents of each party who are engaged in the performance of this Agreement will continue to be employees,volunteers,or agents of that party and will not for any purpose be employees,volunteers,or agents of the other party. Template Version 12/10/2020 State of Washington Department of Ecology Page 18 of 22 Agreement No: SEASMPC-2123-MACoCs-00009 Project Title: Mason County Shoreline Master Program User Guide Recipient Name: Mason County Community Services 16. KICKBACKS RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up any part of the compensation to which he/she is otherwise entitled to or receive any fee,commission,or gift in return for award of a subcontract hereunder. 17. MINORITY AND WOMEN'S BUSINESS ENTERPRISES(MWBE) RECIPIENT is encouraged to solicit and recruit,to the extent possible,certified minority-owned(MBE)and women-owned (WBE)businesses in purchases and contracts initiated under this Agreement. Contract awards or rejections cannot be made based on MWBE participation;however, the RECIPIENT is encouraged to take the following actions,when possible,in any procurement under this Agreement: a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or set-vices. b) Divide the total requirements,when economically feasible, into smaller tasks or quantities,to permit maximum participation by qualified minority and women's businesses. c) Establish delivery schedules,where work requirements permit,which will encourage participation of qualified minority and women's businesses. d) Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises(OMWBE) (866-208-1064)and the Office of Minority Business Enterprises of the U.S.Department of Commerce,as appropriate. 18. ORDER OF PRECEDENCE In the event of inconsistency in this Agreement,unless otherwise provided herein,the inconsistency shall be resolved by giving precedence in the following order: (a)applicable federal and state statutes and regulations;(b) The Agreement;(c)Scope of Work;(d)Special Terms and Conditions;(e)Any provisions or terms incorporated herein by reference,including the "Administrative Requirements for Recipients of Ecology Grants and Loans";(0 Ecology Funding Program Guidelines;and(g) General Terms and Conditions. 19. PRESENTATION AND PROMOTIONAL MATERIALS ECOLOGY reserves the right to approve RECIPIENT's communication documents and materials related to the fulfillment of this Agreement: a) If requested,RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten(10)business days prior to production and distribution. b) RECIPIENT shall include time for ECOLOGY's review and approval process in their project timeline. c) If requested,RECIPIENT shall provide ECOLOGY two(2)final copies and an electronic copy of any tangible products developed. Copies include any printed materials,and all tangible products developed such as brochures,manuals,pamphlets,videos,audio tapes,CDs,curriculum,posters,media announcements,or gadgets with a message,such as a refrigerator magnet,and any online communications,such as web pages,blogs,and twitter campaigns.If it is not practical to provide a copy,then the RECIPIENT shall provide a description(photographs,drawings,printouts,etc.)that best represents the item. Any communications intended for public distribution that uses ECOLOGY'S logo shall comply with ECOLOGY's graphic requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY's logo contact ECOLOGY for guidelines. RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY. 20. PROGRESS REPORTING Template Version 12/10/2020 State of Washington Department of Ecology Page 19 of 22 Agreement No: SEASMPC-2123-MACoCs-00009 Project Title: Mason County Shoreline Master Program User Guide Recipient Name: Mason County Community Services a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document timely use of funds. b) RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed without a progress report. ECOLOGY will define the elements and frequency of progress reports. c) RECIPIENT shall use ECOLOGY's provided progress report format. d) Quarterly progress reports will cover the periods from January 1 through March 31,April 1 through June 30,July I through September 30,and October 1 through December 31. Reports shall be submitted within thirty(30)days after the end of the quarter being reported. e) RECIPIENT must submit within thirty(30)days of the expiration date of the project,unless an extension has been approved by ECOLOGY,all financial,performance,and other reports required by the Agreement and funding program guidelines. RECIPIENT shall use the ECOLOGY provided closeout report format. 21. PROPERTY RIGHTS a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property under this Agreement,the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free,nonexclusive, and irrevocable license to reproduce,publish,recover,or otherwise use the material(s)or property,and to authorize others to use the same for federal,state,or local government purposes. b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information; present papers,lectures,or seminars involving information supplied by ECOLOGY;or use logos,reports,maps,or other data in printed reports,signs,brochures,pamphlets,etc.,appropriate credit shall be given to ECOLOGY. c) Presentation and Promotional Materials.ECOLOGY shall have the right to use or reproduce any printed or graphic materials produced in fulfillment of this Agreement,in any manner ECOLOGY deems appropriate.ECOLOGY shall acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials. d) Tangible Property Rights. ECOLOGY's current edition of"Administrative Requirements for Recipients of Ecology Grants and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by ECOLOGY in the absence of state and federal statutes,regulations,or policies to the contrary,or upon specific instructions with respect thereto in this Agreement. e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY. If said property is lost,stolen,or damaged while in the RECIPIENT's possession, then ECOLOGY shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the acquisition of land or facilities: L RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this Agreement. 2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this Agreement. Such evidence may include title insurance policies,Tonens certificates,or abstracts,and attorney's opinions establishing that the land is free from any impediment,lien,or claim which would impair the uses intended by this Agreement. g) Conversions. Regardless of the Agreement expiration date,the RECIPIENT shall not at any time convert any equipment, property,or facility acquired or developed under this Agreement to uses other than those for which assistance was originally approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of that portion of the proceeds of the sale,lease,or other conversion or encumbrance which monies granted pursuant to this Agreement bear to the total acquisition,purchase,or construction costs of such property. Template Version 12/10/2020 State of Washington Department of Ecology Page 20 of 22 Agreement No: SEASMPC-2123-MACoCs-00009 Project Title: Mason County Shoreline Master Program User Guide Recipient Name: Mason County Community Services 22. RECORDS,AUDITS,AND INSPECTIONS RECIPIENT shall maintain complete program and financial records relating to this Agreement,including any engineering documentation and field inspection reports of all construction work accomplished. All records shall: a) Be kept in a manner which provides an audit trail for all expenditures. b) Be kept in a common file to facilitate audits and inspections. c) Clearly indicate total receipts and expenditures related to this Agreement. d) Be open for audit or inspection by ECOLOGY,or by any duly authorized audit representative of the State of Washington, for a period of at least three(3)years after the final grant payment or loan repayment,or any dispute resolution hereunder. RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the records. ECOLOGY reserves the right to audit,or have a designated third party audit,applicable records to ensure that the state has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination. All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY and to any authorized state,federal or local representative for inspection at any time during the course of this Agreement and for at least three(3)years following grant or loan termination or dispute resolution hereunder. RECIPIENT shall provide right of access to ECOLOGY,or any other authorized representative,at all reasonable times,in order to monitor and evaluate performance,compliance, and any other conditions under this Agreement. 23. RECOVERY OF FUNDS The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance of this Agreement and completion of the work described in the Scope of Work. All payments to the RECIPIENT are subject to approval and audit by ECOLOGY,and any unauthorized expenditure(s)or unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT. RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement. RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within thirty(30)days of a written notice. Interest will accrue at the rate of twelve percent(12%)per year from the time ECOLOGY demands repayment of funds. Any property acquired under this Agreement,at the option of ECOLOGY,may become ECOLOGY's property and the RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property. 24. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid,such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision,and to this end the provisions of this Agreement are declared to be severable. 25. STATE ENVIRONMENTAL POLICY ACT(SEPA) RECIPIENT must demonstrate to ECOLOGY's satisfaction that compliance with the requirements of the State Environmental Policy Act(Chapter 43.21C RCW and Chapter 197-11 WAC)have been or will be met. Any reimbursements are subject to this provision. 26. SUSPENSION When in the best interest of ECOLOGY,ECOLOGY may at any time,and without cause,suspend this Agreement or any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT.RECIPIENT shall resume performance on the next business day following the suspension period unless another day is specified by ECOLOGY. Template Version 12/10/2020 State of Washington Department of Ecology Page 21 of 22 Agreement No: SEASMPC-2123-MACoCs-00009 Project Title: Mason County Shoreline Master Program User Guide Recipient Name: Mason County Community Services 27. SUSTAINABLE PRACTICES In order to sustain Washington's natural resources and ecosystems,the RECIPIENT is fully encouraged to implement sustainable practices and to purchase environmentally preferable products under this Agreement. a) Sustainable practices may include such activities as: use of clean energy,use of double-sided printing,hosting low impact meetings,and setting up recycling and composting programs. b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and imaging equipment,independently certified green cleaning products,remanufactured toner cartridges,products with reduced packaging,office products that are refillable,rechargeable,and recyclable, 100%post-consumer recycled paper,and toxic free products. For more suggestions visit ECOLOGY's web page,Green Purchasing, https://ecol ogy.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purell asi ng. 28. TERMINATION a) For Cause ECOLOGY may terminate for cause this Agreement with a seven(7)calendar days prior written notification to the RECIPIENT,at the sole discretion of ECOLOGY,for failing to perform an Agreement requirement or for a material breach of any term or condition. If this Agreement is so terminated,the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. Failure to Commence Work.ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work on the project funded within four(4)months after the effective date of this Agreement,or by any date mutually agreed upon in writing for commencement of work,or the time period defined within the Scope of Work. Non-Performance.The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails,in the opinion of ECOLOGY,to perform any obligation required of it by this Agreement,ECOLOGY may refuse to pay any further funds, terminate in whole or in part this Agreement,and exercise any other rights under this Agreement. Despite the above,the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined. b) For Convenience ECOLOGY may terminate for convenience this Agreement,in whole or in part,for any reason when it is the best interest of ECOLOGY,with a thirty(30)calendar days prior written notification to the RECIPIENT,except as noted below. If this Agreement is so terminated,the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. Non-Allocation of Funds.ECOLOGY's ability to make payments is contingent on availability of funding. In the event funding from state,federal or other sources is withdrawn,reduced,or limited in any way after the effective date and prior to the completion or expiration date of this Agreement,ECOLOGY,at its sole discretion,may elect to terminate the Agreement,in whole or part,or renegotiate the Agreement,subject to new finding limitations or conditions. ECOLOGY may also elect to suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved. ECOLOGY may exercise any of these options with no notification or restrictions,although ECOLOGY will make a reasonable attempt to provide notice. In the event of termination or suspension,ECOLOGY will reimburse eligible costs incurred by the RECIPIENT through the effective date of termination or suspension.Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT.In no Template Version 12/10/2020 State of Washington Department of Ecology Page 22 of 22 Agreement No: SEASMPC-2123-MACoCs-00009 Project Title: Mason County Shoreline Master Program User Guide Recipient Name: Mason County Community Services event shall ECOLOGY's reimbursement exceed ECOLOGY's total responsibility under the Agreement and any amendments. If payments have been discontinued by ECOLOGY due to unavailable funds,the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. RECIPIENT's obligation to continue or complete the work described in this Agreement shall be contingent upon availability of funds by the RECIPIENT's governing body. c) By Mutual Agreement ECOLOGY and the RECIPIENT may terminate this Agreement,in whole or in part,at any time,by mutual written agreement. d) In Event of Termination All finished or unfinished documents,data studies,surveys,drawings,maps,models,photographs,reports or other materials prepared by the RECIPIENT under this Agreement,at the option of ECOLOGY,will become property of ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in accordance with Recovery of Funds,identified herein. 29. THIRD PARTY BENEFICIARY RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement,the state of Washington is named as an express third party beneficiary of such subcontracts with full rights as such. 30. WAIVER Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach,and will not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized representative of ECOLOGY. End of General Terms and Conditions Template Version 12/10/2020 MASON COUNTY PUBLIC WORKS—COMMISSIONER BRIEFING February 28,2022 Briefing Items • Special Use Permit with WA State Department of Natural Resources (U&W Management). • Agreement with Parametrix for environmental monitoring services for the Mason County Landfill for a total estimated cost of$7,602 (U&W Management). • Purchase a plate compactor off of Washington State Contract#2915 from United Rentals for$12,639.17. • Purchase new John Deere Loader off of the NJPA(Sourcewell)joint cooperative purchasing contract#03211-JDC from Pape Machinery with a trade-in of three(3)pieces of county equipment. Total trade in revenues $77,500—Purchase price of loader with trade-in revenues$122,318.14. • Purchase two Automated Flaggers through the Washington State contract for$33,998.00 plus sales tax. 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 Mark Neary _Other(list below): MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Richard Dickinson, Deputy Director/U&W Action Agenda DEPARTMENT: Public Works EXT: 450 BRIEFING DATE: February 28, 2022 INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance X Human Resources (Risk) X Legal ❑ Information Technology ❑ Other — please explain ITEM: Special Use Permit with WA State Department of Natural Resources EXECUTIVE SUMMARY: On March 12, 2002, Mason County entered into a twenty (20) year Lease Agreement with DNR that permitted the County to construct and operate an irrigation system applying approximately 300,000 gallons of Class A reclaimed water per day from the North Bay Wastewater Treatment Plant (WWTP) onto DNR's forest land of leased area. The lease term expires March 31, 2022. At this time, Public Works would like to request the Board approve a new agreement that will continue the lease another twenty (20) years, April 1, 2022 to March 31, 2042 for the use of 50.33 acres of DNR's forest land. BUDGET IMPACTS: Rent for the period of April 1, 2022 through March 31, 2023 would be $9,267.27 with an annual 3% rent increase for each year after. This will be paid out of the U&W Management North Bay WWTP fund. RECOMMENDED OR REQUESTED ACTION: Recommend the Board of County Commissioner approve a new twenty (20) year Lease Agreement between WA State DNR and Mason County for the County to continue operating an irrigation system of Class A reclaimed water from North Bay Wastewater Treatment Plant on 50.33 acres of leased forest land. ATTACHMENTS: 1. Draft Agreement �t S,c T0/V O - n V 3 � 0 of NATUVL HILARY S. FRANZ COMMISSIONER OF PUBLIC LANDS SPECIAL USE LEASE AGREEMENT NO. 60-A72406 THIS LEASE (hereinafter Lease)is between the STATE OF WASHINGTON, acting by and through the Department of Natural Resources (hereinafter State), and MASON COUNTY a government agency("Lessee")the premises in Mason County, Washington agency(hereinafter Lessee). In consideration of this Lease, State and Lessee agree as follows: SECTION 1 -DEFINITIONS For the purpose of this Lease,the following definitions shall apply: 1.01 "Agreement Number." State's unique identification number assigned to this Lease. 1.02 "Assessment." All assessments for public improvements or benefits imposed, levied, or assessed on the Lease Area. 1.03 "Assign" or"Assignment." To hypothecate,mortgage, assign,transfer, or otherwise alienate this Lease, as more fully defined in Section 10.02 below. 1.04 "Authorized Assignee."Any person or entity approved by the State to take assignment of this Lease. 1.05 "CAR Survey." A Cultural and Archaeological Resources Inventory Survey. Special Use Lease 60-A72406 Page 1 of 34 1.06 "Cessation of Operations." The date upon which Lessee ceases utilization of the Lease Area prior to Decommissioning and Reclamation. 1.07 "Commencement Date." The date that this Lease shall commence, as set forth in Section 3.01. 1.08 "Cultural and Archaeological Resources." Cultural and Archaeological Resources are the landscape features,places, or objects that are important to, representative of, or contain information about a given culture. Cultural resources can be subdivided into traditional places,traditional materials,historic sites, and archaeological sites and resources. Cultural and archaeological sites and resources are further defined in Chapter 27.53 RCW. 1.09 "Cultural Resources Monitoring Plan."A written plan detailing the actions to be taken by Lessee to monitor Cultural and Archaeological Resources, and as required for building permits, development, or operation. 1.10 "Decommissioning and Reclamation." Activities required to remove Lessee- Owned Improvements and the restoration of Lease Area in accordance with Section 7. 1.11 "Decommissioning and Reclamation Plan." Identifies how the site will be Decommissioned and Reclaimed after Cessation of Operations. Decommissioning and Reclamation Plans address the removal or retention of Lessee-Owned Improvements, include estimates of Decommissioning and Reclamation costs and funding, identify the type and schedule of Decommissioning and Reclamation, include a soil erosion plan for all disturbed areas, address potential wind and water erosion concerns, and identify erosion control features (culverts, sealants, catch basins). 1.12 "Emergency."An event posing an imminent threat of bodily injury,property damage, or critical equipment failure. 1.13 "Ground-Disturbing Activities." Ground-Disturbing Activities are defined as any activity that compacts or disturbs the ground within the Lease Area. Ground— Disturbing Activities can be caused by the use of hand tools (shovels,pick axe, posthole digger, etc.),heavy equipment(excavators,backhoes, bulldozers, boring, trenching and earthmoving equipment, etc.), and heavy trucks (large four wheel drive trucks, dump trucks and tractor trailers, etc.). Road improvement, bulldozing, excavating, scraping,trenching and plowing are typical examples of Ground- Disturbing Activities. 1.14 "Hazardous Substance(s)."Any substance subject to regulation under the Washington Hazardous Waste Management Act(Chapter 70.105 RCW) and implementing regulations; and any hazardous substance under the Washington Model Toxics Control Act(Chapter 70.105D RCW) and implementing regulations; Special Use Lease 60-A72406 Page 2 of 34 and any hazardous substance or hazardous waste as defined by the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. §§ 9602 et seq.) and implementing regulations, as these laws are amended from time to time; underground storage tanks, whether empty, filled, or partially filled with any substance; asbestos;urea formaldehyde foam insulation; PCBs; and any other substance, waste, material, or chemical deemed or defined as hazardous, toxic, a pollutant, contaminant, dangerous or potentially dangerous,noxious, flammable, explosive, or radioactive,the removal of which is required or the manufacture,preparation,production, generation, use,maintenance,treatment, storage,transfer,handling, or shipment of which is restricted,prohibited,regulated, or penalized by any federal, state, county,municipal or other local governmental statute,regulation, ordinance, or resolution as these laws are amended from time to time. 1.15 "Improvements." Consistent with RCW 79.02.010(9), Improvements means anything considered a fixture in law placed upon or attached to the Leased Area that has changed the value of the Leased Area or any changes in the previous condition of the fixtures that changes the value of the Leased Area. This includes,but is not limited to, buildings, access controls (gates, cattle guards, and fences), signage, erosion and fire control features,water lines, utility lines, and roads located on the Lease Area. 1.16 "Law" or"Laws." All federal, state, county and local governmental and municipal laws, statutes, ordinances,rules,regulations, codes, decrees, orders, and other such requirements, applicable equitable remedies and decisions by courts in cases where such decisions are considered binding precedents in the State of Washington, and decisions of federal courts applying the Laws of such State, at the time in question. 1.17 "Lease Area." The land defined in Section 2.01 and further depicted on Exhibit A. 1.18 "Lessee-Owned Improvements." Improvements authorized by State, located within the Lease Area, and(1)made or owned by Lessee or a Permittee, or(2) acquired by Lessee from State, a prior tenant, or a Permittee. Lessee-Owned Improvements are listed on Exhibit C and further depicted on Exhibit D, attached hereto and incorporated herein. 1.19 "Permitted Use." The purposes for which Lessee may use the Lease Area, as identified in Section 4.01(1). 1.20 "Permittees." Lessee's employees, agents, contractors, sublessees, subcontractors, licensees, invitees, successors and assigns. 1.21 "Personal Property." Lessee's items that can be removed from the Lease Area and Improvements without(1) injury to the Lease Area or Improvements, or (2)diminishing the value or utility of the Lease Area or Improvements. Special Use Lease 60-A72406 Page 3 of 34 1.22 "State-Owned Improvements." Improvements owned by State, as identified on Exhibit E. 1.23 "Termination Date." The date this Lease expires, as set forth in Section 3.01, unless sooner cancelled or terminated as provided herein. 1.24 "Third Party Owned Improvements." Improvements partially or wholly owned by third parties on the Lease Area including, but not limited to partial interests in boundary fences,buildings and utility lines. Improvements partially or wholly owned by Permittees are not Third Party Owned Improvements. 1.25 "Unauthorized Improvements." Improvements made on the Lease Area without State's prior consent or Improvements made by Lessee that do not conform to the Permitted Use. 1.26 "Weed Management Plan." A written document addressing weed control of noxious weeds including methods of weed control,timing, and notification procedures. 1.27 "Work." Construction,reconstruction, alteration,replacement, major repair, modification, demolition, and deconstruction of Improvements or roads. Work does not include routine maintenance activities. SECTION 2—CONVEYANCES 2.01 Conveyances. State hereby leases to Lessee and Lessee hereby leases from State a leasehold interest in: Beginning at the northeast corner of Section 25, Township 22 North, Range 2 West, Willamette Meridian, Mason County, Washington: Thence North 87' 45' 0 1"West along the North line of said Section 395.52 feet,to the TRUE POINT OF BEGINNING; Thence South 38' 29' 20"West 3479.77 feet; Thence North 84' 40' 35"West 18.76 feet; Thence North 16'41' 58"West 654.57 feet; Thence North 38' 59' 10"East 1021.31 feet; Thence North 44' 42' 00" West 147.82 feet; Thence North 22' 35' 07"East 772.00 feet; Thence North 33' 57' 42"East 638.61 feet,to the North line of said Section 25; Thence South 87' 45' 01"East 1185.55 feet, along said North line to the TRUE POINT OF BEGINNING. Containing 50.33 acres, more or less. Special Use Lease 60-A72406 Page 4 of 34 2.02 Reservations by State. (1) State reserves for itself, its successors, and assigns,the right at all times for any purpose to cross and re-cross the Lease Area at any place or grade,to grant non- exclusive easements and licenses over the Lease Area, and to sell, lease, or otherwise dispose of minerals, coal, oil,timber, gas, or other valuable materials from the Lease Area, so long as such uses do not unreasonably interfere with the Permitted Use. State agrees to obtain Lessee's written consent,which shall not be unreasonably withheld,to granting rights or permissions to third parties within the Lease Area. This does not include undeveloped areas or fences unrelated to the protection of the Improvements. (2) State and persons authorized by State may enter the Lease Area and any Improvements thereon, subject to Lessee's reasonable safety procedures at all reasonable times for the purpose of inspecting the installations or equipment, provided that, except in case of an Emergency, State shall provide Lessee with ten (10)business days' prior written notice before inspecting the Lease Area to enable Lessee to arrange to accompany State. In the event of Emergency, State and persons authorized by the State may enter the Lease Area and any Improvements at any time without notice. This clause shall not be construed to impose a duty on State to inspect. (3) State reserves ownership of any Lessee-constructed roads located on the Lease Area and their associated structures. 2.03 Permittees. Conduct of Permittees will be deemed the conduct of Lessee. 2.04 Third-Party Interests. This Lease is subject to all valid interests of third parties noted in the records of Mason County and on file with the Department of Natural Resources in Olympia, Washington, as of the signature date of Lessee on this Lease. 2.05 Lessee's Inspection. State makes no representation regarding the condition of the Lease Area, improvements located on the Lease Area,the suitability of the Lease Area for Lessee's intended use, compliance with all Laws, availability of utility rights, or access to the Lease Area. Except as otherwise expressly provided in this Lease, Lessee accepts Lease Area"AS IS." 2.06 Due Diligence. At Lessee's sole expense, Lessee may obtain a title report or commitment for a leasehold title policy from a title insurance company of its choice and have the Lease Area surveyed by a surveyor of its choice. Lessee may also perform and obtain, at Lessee's sole cost and expense, soil borings; percolation tests; engineering procedures; environmental investigation or other tests or reports on, over, and under Lease Area, necessary to determine if Lessee's use of Lease Area will be compatible with Lessee's engineering specifications, system, design, operation, or any necessary federal, state, and local licenses,permits, and approvals for Lessee's intended use. Special Use Lease 60-A72406 Page 5 of 34 2.07 State Warranties. State makes no warranty of quiet enjoyment of Lease Area. SECTION 3—OCCUPANCY 3.01 Lease Term. This Lease shall commence on April 1, 2022 ("Commencement Date") and end on March 31, 2042, unless sooner canceled or terminated as provided herein("Termination Date"). SECTION 4 -USE OF LEASE AREA 4.01 Permitted Use. For this Lease,the following uses and no other uses are permitted: (1) Operation of an irrigation system applying approximately 300,000 gallons of Class A reclaimed water per day on 50.33 acres of forested land of the Lease Area(the"Permitted Use") . (2) In the event Lessee desires a change in acreage,use, or additional Improvements, authorization must be obtained in advance and in writing from the State in compliance with Section 11. 4.02 Permits and Conformance with Applicable Laws. (1) Lessee shall obtain all building permits and other required permits, licenses, permissions, consents, and approvals from governmental agencies or third parties in connection with this Lease, and Lessee's Permitted Use including construction of, changes, alterations, additions,repairs,maintenance to, or replacement of any Lessee-Owned Improvements in the Lease Area, or for the conduct of any business upon the Lease Area. All costs and expenses for said permits are Lessee's alone. (2) Lessee shall comply with all applicable Laws,regulations,permits,orders, or requirements of any public authority affecting the Lease Area and the use thereof. Lessee shall correct, at Lessee's own cost and expense, any failure of compliance created through Lessee's fault or by reason of Lessee's use. Lessee shall not undertake or suffer any activity to be conducted upon the Lease Area which constitutes a nuisance or which is a threat to the health or welfare of the general public. (3) Lessee shall perform all Work and conduct all business on the Lease Area in accordance with all applicable Laws. (4) Lessee shall obtain State's written approval prior to performing any Work on the Lease Area. Lessee and State shall amend this Lease to include any approved mitigation requirements. Special Use Lease 60-A72406 Page 6 of 34 4.03 Other Restrictions on Use. (1) Fire Emergencies. Lessee shall take all reasonable precautions to protect the Lease Area and Lessee-Owned Improvements from fire, make every reasonable effort to report and suppress any fires that may affect the Lease Area, and shall be subject to applicable fire laws affecting the Lease Area. (2) Non-Fire Emergencies. In the event of an Emergency (other than fire or a residential incident)requiring immediate action to protect person or property, Lessee may take reasonable corrective action without prior notice to State. Lessee shall notify State the same business day for non-fire emergencies occurring on a business day and the next available business day for non-fire emergencies occurring after hours, weekends, and holidays. Lessee shall notify the Westside Operations Manager by telephone at(360) 902-1600, and in writing,within five (5)business days after the Emergency occurs,to the address indicated in this Lease, of any corrective action taken. (3) Debris Accumulation. Lessee shall prevent accumulation of debris or refuse on Lease Area. Lessee shall prevent accumulation of equipment parts or"bone yards"on Lease Area. (4) Timber and Valuable Material Removal. Lessee shall not cut any State timber or remove any State-owned valuable material, without prior written consent by the State and shall be subject to all applicable local land use regulations affecting timber removal in the Lease Area. Prior to cutting any timber or removal of valuable material Lessee shall pay to the State the fair market value as determined by the State. 4.04 Lessee Liens. Lessee shall not permit any lien to be filed against State's interest in the Lease Area or Improvements, except as provided in Section 10. If any such lien is filed, Lessee shall cause the same to be discharged of record or bonded over within thirty (30) days after the date of filing or creation of such lien. Lessee shall immediately notify State of any such lien and indemnify and defend State for any costs, damages, or expenses (including attorneys' fees and court costs) incurred as a result of such liens or in obtaining their discharge whether such costs, damages, or expenses were incurred prior or subsequent to termination or cancellation of this Lease. SECTION 5 -PAYMENT 5.01 Rent. Payments made hereunder will be applied first to interest,then to outstanding or delinquent rent, leasehold tax and other charges owed,then to current rent, leasehold tax, and charges. The Lessee shall pay to the State, at Olympia, Washington, in advance,the required rent of NINE THOUSAND TWO HUNDRED SIXTY-SEVEN AND 27/100 DOLLARS ($9,267.27) for the period of April 1, 2022 to March 31, 2023, and annually thereafter subject to adjustment under Subsection 5.06. Special Use Lease 60-A72406 Page 7 of 34 5.02 Non-Rent Payments. (1) Taxes. Lessee shall pay to State,the leasehold tax as set forth in RCW Chapter 82.29A- Leasehold Excise Tax as may be amended. The tax shall be due and payable at the same time the rental charged herein is due and payable. Lessee may be assessed leasehold tax directly from the Washington State Department of Revenue. In this instance, Lessee must submit to State a written request, with supporting documentation from the Washington State Department of Revenue,to end leasehold tax billing. (2) Assessments. Lessee shall not cause or suffer the imposition of any Assessment upon the Lease Area, without prior written consent from Lessor. In the event any Assessment is proposed which affects the Leased Area, Lessee shall promptly notify State of such proposal. Any Assessment shall be made in compliance with all applicable statutes, including but not limited to, RCW 79.44. Lessee shall pay the full amount of any assessments charged against Lease Area within sixty(60) days of invoice from State. (3) Electrical Power and Other Utilities. Lessee shall provide for the provision of all electrical power,telephone, or any other necessary utilities to, at, and for Lease Area. Lessee shall pay for all electric power and other utility charges or expenses incurred arising from Lessee's use of Lease Area. 5.03 No Counterclaim, Setoff, or Abatement of Rent. Rent and all other sums payable by Lessee hereunder shall be paid without the requirement of prior notice or demand by State, and shall not be subject to any counterclaim, setoff, deduction or defense and without abatement. The obligations and liabilities of Lessee shall in no way be released, discharged or otherwise affected, except as expressly provided in Subsection 14.06 (Condemnation). 5.04 Interest Charged for Past-Due Rent and Other Sums Owed. Lessee shall pay interest at the rate of one percent(1%)per month(or at such higher rate as may be authorized by statute after the Commencement Date), until paid, on rent or other sums owing under the terms of this Agreement commencing the date such rent or other sum is due and payable. In the event State pays any sum or incurs any expense which Lessee is obligated to satisfy or pay under this Agreement, or which is made on behalf of Lessee, State shall be entitled to receive reimbursement thereof from Lessee upon demand,together with interest thereon from the date of expenditure at the rate stated above. 5.05 Late Charge for Failure to Pay. In the event the Lessee fails to make any payment of rent due upon the date due,the State shall be entitled to collect from the Lessee a late charge equal to six percent(6%) of the amount of the delinquent payment. Any failure to pay rent or any amount specified in this Section 3, or any other amount to be paid by the Lessee under terms of this Agreement within thirty (30) days of the date due, shall be a material default by the Lessee and such default shall entitle the State to pursue all remedies specified in this Agreement, including the right to terminate this Agreement,though failure to exercise such right shall not be construed as a waiver of the right and thereafter pursue any remedies available at law or equity, Special Use Lease 60-A72406 Page 8 of 34 including those contained in Chapter 59.12 RCW. 5.06 Adjustment of Rent. On the first year anniversary of the Commencement Date and on each annual anniversary of the Commencement Date thereafter(each an"Anniversary Date"), the Rent will increase by three percent(3%). 5.07 Failure to Adjust Not Waiver. Failure of State to adjust rent pursuant to Subsection 5.06 shall not be a waiver by State of the right to adjust rent. State shall retain the right, for so long as this Agreement remains in effect,to adjust rent as though all prior adjustments had been made in accordance with the above provisions. SECTION 6 - SPECIAL RESTRICTONS 6.01 Work. (1) All Work must comply with all applicable Laws,regulations,permits, orders, or requirements of any public authority. Lessee shall not execute any petition, application,permit,plate or other document on behalf of Lessor. (2) Lessee shall submit to State a written plan for any and all proposed Work and obtain State's written approval before undertaking any Work in the Lease Area. (3) Lessee shall not represent to any person, governmental body or entity that Lessee is the fee owner of the Lease Area. (4) At the end of the term of this Lease, State may waive removal of some or all Lessee-Owned Improvements in accordance with Section 7.04, Disposition of Lessee-Owned Improvements. Lessee shall have no further liability for the Lessee-Owned Improvements for which State has waived removal. (5) Prior to commencing any Work, Lessee shall employ a utility locator service, at no cost to State,to check the Lease Area for buried utilities. (6) All of Lessee's Work necessitated by an Emergency shall be governed by the terms of this Lease;provided Lessee need not obtain State's consent prior to commencing such necessary Work, but shall give State notice thereof as soon as is reasonably possible thereafter. (7) Lessee shall ensure that all buried utility lines are at such depth as to not interfere with the normal and usual use of the land. Lines shall be buried at a minimum depth of forty-eight(48) inches below the surface of the ground. For installation within a roadway, lines shall be buried at a minimum depth of forty-eight(48) inches below the road surface or forty-eight(48) inches below the bottom of any ditch, if applicable,unless a different depth is approved. State reserves the right to inspect the open trench during construction to ensure compliance with these Special Use Lease 60-A72406 Page 9 of 34 installation specifications and any specifications provided. Lessee shall mark the location of the buried lines with painted metal posts and signs placed at the approximate beginning and termination points of the lines. Said signs shall identify the installation as a buried power line and shall designate ownership of the installation. (8) State may impose additional conditions reasonably designed to protect and preserve the Lease Area if Work is for removal of Lessee-Owned Improvements in preparation for the Termination Date. 6.02 Habitat Conservation Plan. The Premises are located within an area that is subject to State's Habitat Conservation Plan adopted in connection with Incidental Take Permit No. TE812521-1 (ITP) as supplemented by Permit No. 1168 (Collectively "ITP"). As long as the Habitat Conservation Plan remains in effect,Lessee and all persons acting under Lessee shall comply with the terms and conditions set forth in Exhibit D while operating on the Premises. DNR shall have the right to modify these terms and conditions from time to time to comply with the Habitat Conservation Plan, the ITP, the Endangered Species Act, the implementing regulations, and amendments thereto, or the requirements of the federal agencies administering these laws. 6.03 Cultural and Archaeological Resources Inventory Survey. State may require that Lessee retain a qualified professional to perform cultural resources surveys for the Lease area(CAR Survey)prior to construction activities. State may require the CAR Survey to address archaeological, built environment, and traditional cultural places. The qualified professional shall meet the United States Secretary of the Interior's Professional Qualification Standards (36 CFR Part 61) for Archeology and Historic Preservation, found at https://www.nps.gov/history/local-law/arch_stnds_9.htm, or as otherwise required by DAHP. All cultural resource work must comply with RCW 27.53 and RCW 27.44. State's approval is required before Lessee finalizes or submits the professional reports, archaeological site forms, and other cultural resource documents to regulatory agencies. 6.04 Cultural and Archaeological Resources Monitoring. When Cultural and Archaeological Resources monitoring is required by any State or regulatory agency, Lessee shall submit for State's approval a Cultural Resources Monitoring Plan(Monitoring Plan). If Lessee encounters cultural features, artifact concentrations, bone, or intact archaeological during monitoring, Lessee shall halt work in the immediate vicinity and take the appropriate steps as outlined in the Monitoring Plan.. 6.05 Inadvertent Discovery of Cultural and Archaeological Resources. Knowingly disturbing Cultural and Archaeological Resources is punishable by criminal prosecution and fines under state Law(Chapter 27.53 RCW). If, during the course of any activities on the Lease Area, Lessee encounters Cultural and Archaeological Resources, activities that could impact found Cultural and Archaeological Resources must be suspended within a 33-foot buffer of the locations of such Cultural and Archaeological Resources. Lessee shall immediately notify State and not resume work in the vicinity until State has Special Use Lease 60-A72406 Page 10 of 34 completed an evaluation, and completed any required consultation with the Department of Archaeology and Historic Preservation and tribes. 6.06 Inadvertent Discovery of Human Skeletal Remains (RCWs 68.50.645,27.44.055, and 68.60.055). Disturbance of human skeletal remains is subject to felony criminal prosecution and fines under state law. If Lessee's ground disturbing activities encounter human skeletal remains,then Lessee shall cease all activity that may cause further disturbance to those remains. Lessee shall secure and protect the area of the find from further disturbance and report the presence and location of the remains to the medical examiner/coroner and local law enforcement in the most expeditious manner possible as required by law. Lessee shall further notify the State of the presence and location of such remains and confirm notification to the coroner/medical examiner and local law enforcement. Lessee shall not touch,move or further disturb the remains and shall cooperate with state and local authorities. The county medical examiner/coroner will assume jurisdiction over the human skeletal remains and make a determination of whether those remains are forensic or non-forensic. If the county medical examiner/coroner determines the remains are non-forensic,then they will report that finding to the State and the Department of Archaeology and Historic Preservation(DAHP),which will then take jurisdiction over the remains. DAHP will notify any appropriate cemeteries and all affected tribes of the find. The State Physical Anthropologist will make a determination of whether the remains are Indian or Non-Indian and report that finding to any appropriate cemeteries and the affected tribes. DAHP and the State will consult with the affected parties as to the future preservation, excavation, and disposition of the remains. SECTION 7—DECOMMISSIONING; END OF TERM 7.01 Condition at End of Term. Lessee shall surrender the Lease Area to State in the same or better condition as existed on the Commencement Date, reasonable wear and damage from casualty or natural disaster excepted and otherwise subject to the requirements of Sections 7.02 through 7.04. 7.02 Disposition of Lessee-Owned Improvements. Disposition of Lessee-Owned Improvements shall be in accordance with the following terms and conditions, subject to sufficient funding, and as provided in RCW 79.13.050. (1) By the Termination Date, Lessee shall remove all Lessee-Owned Improvements, including impervious surfaces, constructed or installed by or at the direction of Lessee and Permittees from the Lease Area, except as otherwise provided in this Lease,the Decommissioning and Reclamation Plan, or as State and Lessee otherwise agree in writing. (2) For any Lessee-Owned Improvements left on the Lease Area after the Termination Date, State shall have the right, at its option, to either(a) deem any or all of such Lessee-Owned Improvements abandoned and take ownership Special Use Lease 60-A72406 Page 11 of 34 thereof, or(b)remove, sell, or dispose of such Lessee-Owned Improvements as State sees fit, in accordance with all applicable Laws. (3) If State chooses to remove any or all Lessee-Owned Improvements from the Lease Area as permitted under Section 7.03(1) above, Lessee shall reimburse State for all costs State incurs therefor within sixty(60) days of invoice from State. Lessee's obligation to reimburse State for removal work shall survive termination of this Lease. (4) Notwithstanding anything in this Lease to the contrary, Lessee and Permittees shall retain ownership of the Lessee-Owned Improvements and shall not be required to remove such Improvements if the term of this Lease is extended by mutual written agreement of the Lessee and State, or if Lessee re-leases the Lease Area under a new lease with State; provided,however, State shall have no obligation to agree to extend this Lease or re-lease the Lease Area to Lessee under a new lease. 7.03 Disposition of Unauthorized Improvements. Lessee shall remove all Unauthorized Improvements from the Lease Area by the Termination Date, unless State elects otherwise in writing. 7.04 Disposition of Personal Property. (1) Lessee retains ownership of Personal Property on the Termination Date,unless Lessee and State agree otherwise in writing. (2) Lessee shall remove Personal Property from the Lease Area by the Termination Date. (3) State may sell or dispose of all Personal Property left on the Lease Area after the Termination Date. If State sells any Personal Property, State shall first apply proceeds to State's cost of removing the Personal Property, State's costs in conducting the sale, and any other payment due from Lessee to State. Lessee shall pay State for the cost of removal and disposal. 7.05 No Holding Over. There shall be no holding over by Lessee after the Termination Date, and the failure by Lessee to deliver possession of the Lease Area to State on or prior to the Termination Date shall be deemed a trespass by Lessee and Lessee shall owe State all amounts due under RCW 79.02.300 or other applicable law. State may, at its sole discretion, extend this Lease for a period not exceeding one (1) year after the Termination Date. Upon expiration of the one (1) year extension period, State may, at its sole discretion, issue a temporary permit that shall not extend beyond a five(5)year period. Special Use Lease 60-A72406 Page 12 of 34 SECTION 8—LESSEE'S INDEMNITY; INSURANCE REQUIREMENTS 8.01 Responsibility. Lessee releases and shall indemnify and defend(with counsel acceptable to State) State, its employees, officers, and agents from and against any and all claims arising out of the use, occupation or control of the Premises by Lessee, its agents, and employees. A "claim" as used in this subsection means any claim of any nature whatsoever for penalties, financial loss, damages (including but not limited to bodily injury, sickness, disease or death, or injury to or destruction of property, land and other natural resources including the loss of use thereof), costs or expenses (including but not limited to attorney's fees), whether or not resulting in a suit or action or reduced to judgment. This release and the obligation to indemnify shall not be eliminated or reduced by the concurrent negligence of the State, its officials, employees, or agents, except as provided in this subsection. To the extent that RCW 4.24.115 applies, Lessee shall not be required to indemnify State from State's sole or concurrent negligence. Lessee waives its immunity under Title 51 to the extent it is required to indemnify the State herein. 8.02 Insurance Requirements. Lessee shall, at all times during the term of this contract at its cost and expense,buy and maintain insurance of the types and amounts listed below. Failure to buy and maintain the required insurance may result in the termination of the contract at State's option. All insurance and surety bonds should be issued by companies admitted to do business within the State of Washington and have a rating of A-, Class VII or better in the most recently published edition of Best's Reports. Any exception shall be reviewed and approved by the department's risk manager before the contract is accepted. If an insurer is not admitted, all insurance policies and procedures for issuing the insurance policies must comply with Chapter 48.15 RCW and 284-15 WAC. State shall be provided written notice before cancellation or non-renewal of any insurance referred to therein, in accord with the following specifications: 1. Insurers subject to Chapter 48.18 RCW(admitted and regulated by the Insurance Commissioner): The insurer shall give the State 45 days advance notice of cancellation or non-renewal. If cancellation is due to non-payment of premium, the State shall be given ten(10) days advance notice of cancellation. 2. Insurers subject to Chapter 48.15 RCW(surplus lines): The State shall be given twenty(20) days advance notice of cancellation. If cancellation is due to non- payment of premium,the State shall be given ten(10)days advance notice of cancellation. Special Use Lease 60-A72406 Page 13 of 34 Before starting work, Lessee shall furnish with a certificate(s)of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements specified in the contract and, if requested, copies of polices to State. The certificate of insurance shall reference the State of Washington, Department of Natural Resources, and the lease number. Lessee shall include all subcontractors as insured under all required insurance policies, or shall furnish separate certificates of insurance and endorsements for each subcontractor. Subcontractor(s)must comply fully with all insurance requirements stated herein. Failure of subcontractor(s)to comply with insurance requirements does not limit Lessee's liability or responsibility. All insurance provided in compliance with this contract shall be primary as to any other insurance or self-insurance programs afforded to or maintained by State. Lessee waives all rights against State for recovery of damages to the extent these damages are covered by general liability or umbrella insurance maintained pursuant to this contract. All insurance policies must expressly waive any right of subrogation by the insurance company against the State and the State's officials, employees, and agents. If Lessee is self-insured, evidence of its status as a self-insured entity shall be provided to State. If requested by State, Lessee must describe its financial condition and the self- insured funding mechanism. By requiring insurance herein, State does not represent that coverage and limits will be adequate to protect Lessee, and such coverage and limits shall not limit Lessee's liability under the indemnities and reimbursements granted to State in this contract. The limits of insurance, which may be increased by State, as deemed necessary, shall not be less than as follows: Commercial General Liability(CGL) Insurance. Lessee shall maintain general liability(CGL) insurance covering claims for bodily injury,personal injury, or property damage arising on the property and/or out of Lessee's operations and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000 per each occurrence. If such CGL insurance contains aggregate limits,the General Aggregate limit shall be at least twice the"each occurrence" limit. CGL insurance shall have products-completed operations aggregate limit of at least two times the"each occurrence"limit. Special Use Lease 60-A72406 Page 14 of 34 CGL insurance shall be written on Insurance Services Office(ISO) occurrence form CG 00 01 (or a substitute form providing equivalent coverage). All insurance shall cover liability arising out of premises, operations, independent contractors,products-completed operations,personal injury and advertising injury, and liability assumed under an insured contract(including the tort liability of another party assumed in a business contract), and contain separation of insured(cross liability)condition. Workers' Compensation Coveraee. Lessee shall comply with all State of Washington workers' compensation statutes and regulations. Workers' compensation coverage shall be provided for all employees of Lessee and employees of any subcontractor or sub- subcontractor. Coverage shall include bodily injury(including death)by accident or disease,which exists out of or in connection with the performance of this contract. Except as prohibited by law, Lessee waives all rights of subrogation against State for recovery of damages to the extent they are covered by workers' compensation, employer's liability, commercial general liability, or commercial umbrella liability insurance. If Lessee, subcontractor or sub-subcontractor fails to comply with all State of Washington workers' compensation statutes and regulations and State incurs fines or is required by law to provide benefits to or obtain coverage for such employees, Lessee shall indemnify State. Indemnity shall include all fines,payment of benefits to Lessee or subcontractor or sub-subcontractor employees, or their heirs or legal representatives, and the cost of effecting coverage on behalf of such employees. Business Auto Policy (BAP). The Lessee shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit not less than$1,000,000 per accident. Such insurance shall cover liability arising out of"Any Auto". Business auto coverage shall be written on ISO form CA 00 01, or substitute liability form providing equivalent coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage and cover a"covered pollution cost or expense" as provided in the 1990 or later editions of CA 00 01. The Lessee waives all rights against the State for the recovery of damages to the extent they are covered by business auto liability or commercial umbrella liability insurance. SECTION 9 -WEEDS,HARMFUL SUBSTANCES 9.01 Weed Control. Lessee shall control all weeds within the Lease Area. Lessee shall be responsible for,or shall immediately reimburse State for, any weed control cost incurred, as a result of Lessee's failure to control weeds on the Lease Area. If other entities are authorized by State to use roads on the Lease Area, Lessee may coordinate its efforts to control weeds on the Lease Area with such State-authorized users. Special Use Lease 60-A72406 Page 15 of 34 Lessee shall prevent noxious weed infestations by applying management practices that discourage weed establishment or spread. Lessee shall detect and control the invasion of new noxious weeds. Lessee shall control noxious weeds using appropriate mechanical, biological, and chemical treatments that meet the requirements of Washington State and federal Laws. 9.02 Hazardous Substances. (1) Lessee shall not keep on or about the Lease Area any Hazardous Substance unless both of the following applies: (a) The Hazardous Substance is necessary to carry out Lessee's Permitted Use under this Lease; and (b) Lessee fully complies with all Laws now in existence or as subsequently enacted or amended pertaining to the use,presence,transportation, or generation of such Hazardous Substances. (2) Lessee shall immediately assume responsibility for any release of any Hazardous Substance caused by Lessee or any Permittee on or adjoining the Lease Area. Lessee's assumption of responsibility pursuant to this Section 9.02(2) includes, but is not limited to the following: (a) Lessee shall immediately notify all necessary emergency response agencies, as required under any Law, and follow any direction or recommendations of such emergency response agencies. (b) Lessee shall immediately notify State of any release of Hazardous Substance and provide State with a list of all emergency response agencies that it has notified of such release. Lessee shall promptly provide State with details regarding any actions planned or completed by Lessee or Permittees in response to the release of Hazardous Substance, including cleanup as provided in this Lease under 4.03(2) for Non-Fire Emergencies. Lessee shall conduct all actions necessary to mitigate the release of Hazardous Substances, all at Lessee's sole cost and expense. (c) Other than performing initial Emergency response cleanup and containment actions, Lessee shall obtain approvals in advance of all site cleanup actions (e.g., site characterization investigations, feasibility studies, site cleanup and confirmation sampling, and groundwater monitoring)conducted on the Lease Area and any adjacent State-owned land, in coordination with applicable regulatory agencies and State. Special Use Lease 60-A72406 Page 16 of 34 (d) Lessee shall be familiar with all necessary Hazardous Substance release notification and response mitigation requirements in advance of entering onto or conducting any activity on the Lease Area. (3) Lessee shall immediately notify State of any of the following: (a) All failures to comply with any Law, as now enacted or as subsequently enacted or amended with respect to the use,presence,transportation, or generation of Hazardous Substances in, on, about, or adjacent to Lease Area; (b) All inspections of Lease Area by, or any correspondence, orders, citations, or notifications from, any regulatory entity concerning Hazardous Substances affecting Lease Area; (c) All regulatory orders or fines, or all response or interim cleanup actions taken by or proposed to be taken by any government entity or private party concerning the use,presence,transportation, or generation of Hazardous Substances in, on, about, or adjacent to Lease Area; and (d) On request, Lessee shall provide copies to State of any and all non- privileged correspondence,pleadings, and reports received by or required of Lessee or issued or written by Lessee or on Lessee's behalf with respect to the use,presence, transportation, or generation of Hazardous Substances in, on, about, or adjacent to Lease Area. (4) Lessee shall be fully and completely liable to State, and,to the extent permitted by Law, shall indemnify, defend(with counsel acceptable to State, and State's consent shall not be unreasonably withheld), and save harmless State and its employees, officers, and agents from any and all damages, costs, fees (including attorneys' fees and costs),penalties, and oversight costs arising from Lessee's or any Permittees' use, disposal,transportation, generation, or sale of Hazardous Substances and for any other breach of this Section. SECTION 10 -ASSIGNMENTS 10.01 Assignment. Lessee or Permittee shall not hypothecate, mortgage, assign,transfer,or otherwise alienate this Lease(collectively"Assign"or"Assignment"), or any interest therein, without prior written consent of State, which consent shall not be unreasonably withheld, subject to State's approving both form and content of all documents. In granting any such consent under this clause, State shall be entitled to consider, among other items,the proposed assignee's, sublessee's or transferee's financial condition, business reputation, business,the State's trust responsibilities, and such other factors as may reasonably bear upon the suitability of the assignee, sublessee, or trsnferree as lessee of the Lease Area.If Lessee is a corporation,partnership, or other association, (1)the Special Use Lease 60-A72406 Page 17 of 34 transfer of more than fifty percent(50%) of the ownership interest in such entity, or(2) the sale of all or substantially all of the assets of Lessee shall be deemed to constitute an Assignment of this Lease which requires consent of State. 10.02 Name Change. If Lessee changes its name, Lessee shall provide State with legal documentation of the name change within sixty(60) days of the effective date of the change. SECTION 11 -IMPROVEMENTS 11.01 Approval of New Improvements. Lessee shall obtain prior written approval from State for any Lessee-Owned Improvements to be added to or removed from the Lease Area sixty(60) days prior to installation or removal. State's approval shall not be unreasonably withheld, conditioned, or delayed. Lessee-Owned Improvements are listed on Exhibit and further depicted on Exhibit C. Within sixty(60) days of the installation or removal of any new Lessee-Owned Improvements, Lessee and State shall execute an amendment to this Lease to update the list of Lessee-Owned Improvements on Exhibit C and D. 11.02 Unauthorized Improvements.Any placement of Unauthorized Improvements on the Lease Area by Lessee or any Permittee shall constitute a default by Lessee under this Lease. In the event Lessee or any Permittee places Unauthorized Improvements on the Lease Area, State may, at State's sole discretion, (a)require Lessee to remove such Unauthorized Improvements immediately at Lessee's sole cost and expense, or (b) consent to such Unauthorized Improvements. If State consents to Unauthorized Improvements, such Improvements shall be deemed Lessee-Owned Improvements and Lessee and State shall execute an amendment to this Lease to update the list of Lessee- Owned Improvements on Exhibit C and D. 11.03 Ownership of Improvements. During the term of this Lease, Lessee-Owned Improvements, including without limitation all other additions, alterations, and Improvements thereto or replacements thereof, and all appurtenant Lessee fixtures, machinery, and equipment installed therein, shall be the property of Lessee. 11.04 State's Repairs. State shall not be required or obligated to make any changes, alterations, additions, improvements, or repairs in, on, or about the Lease Area, and expressly disclaims any warranty that the Lease Area or any Improvements thereon are suitable for the Permitted Use. 11.05 Lessee's Repairs,Alteration, and Maintenance. Lessee shall, at its sole cost and expense,keep and maintain the Lease Area and all Improvements thereon and all facilities, excepting Third Party Owned Improvements, in good order and repair and safe condition for the safe conduct of any activities or enterprises conducted on the Lease Area pursuant to this Lease, and keep and maintain the whole of the Lease Area, including all Improvements, in a clean, sanitary, and attractive condition. Lessee shall not Special Use Lease 60-A72406 Page 18 of 34 unreasonably store Improvements and equipment upon the Lease Area during the term of this Lease. State-owned Improvements are listed on Exhibit E. 11.06 Damage and Protection From Damage. Lessee, when using the rights granted herein, shall repair or cause to be repaired, at its sole cost and expense, all damage to Improvements, other than Lessee-Owned Improvements, on the Lease Area caused by Lessee or Permittees, which is in excess of that which it would cause through normal and prudent use of such rights. SECTION 12 -ROADS 12.01 Access to Premises. Access to Premises includes a non-exclusive right to use an existing road over the location shown on the map attached as Exhibit F for the purpose of exercising the rights granted herein. 12.02 Road Repair. Lessee shall repair or cause to be repaired at its sole cost and expense any damage to roads on the Lease Area or authorized for use in connection with this Lease, which is in excess of damage that would be caused by normal and prudent usage of said road(s) for the Permitted Use. Within fifteen(15) days of any such damage, Lessee shall meet with State and provide a plan of operation for the repairs. 12.03 Road Maintenance. Road maintenance is defined as work normally necessary to preserve and keep the roads in their present condition or as hereafter improved. At a minimum,roads shall be maintained to meet forest practice standards set forth in WAC 222-24-050 as now written or hereafter amended. Unless contrary to the terms of an express easement authorizing access,the cost of performance of road maintenance and resurfacing shall be allocated on the basis of respective uses of said road. During periods when a road, or portions thereof, is used solely by Lessee, Lessee shall solely maintain that portion of said road to the standards set forth above; provided State reserves the right to make reasonable allocations concerning priority of use and maintenance of said roads by it and others. Where there is joint use of a road, or portion thereof, Lessee shall perform or cause to be performed, or contribute or cause to be contributed,that share of maintenance and resurfacing occasioned by such use as hereinafter provided. During periods when more than one party is using the same road or any portion thereof,the parties hereto shall meet and establish necessary maintenance provisions. Such provisions shall include, but shall not be limited to: (a) The appointment of a maintainer, which may be one of the parties hereto or any third party, who will perform or cause to be performed at a reasonable and agreed upon rate the maintenance and resurfacing of the road or the portion thereof being used; and (b) A method of payment by which each party using said road or a portion thereof, shall pay its pro rata share of the cost incurred by said maintainer in maintaining or resurfacing said road or portion thereof. Special Use Lease 60-A72406 Page 19 of 34 12.04 Road Improvements. Lessee shall construct no improvements to roads where access has been provided by State without the prior written consent of State,which shall not be unreasonably withheld. Unless State agrees to share in the cost of the improvement in writing,the improvements shall be at the sole cost of the improver. SECTION 13 -DEFAULT AND REMEDIES 13.01 Default. In the event of any material breach(as further specified below) of any provision of this Lease by Lessee,the breach, after expiration of any cure period or grace period as provided in this Lease, shall be deemed a default entitling State to cancel this Lease and seek any other remedies set forth in this Lease or otherwise available at Law or equity, after State has delivered to Lessee notice of the breach and a demand that the same be remedied immediately; provided Lessee shall not be in default if the breach pertains to the payment of money and Lessee cures the breach within thirty(30)days of receipt of the notice, or if the breach pertains to a matter other than the payment of any monies due under this Lease, and Lessee shall, after receipt of the notice,promptly commence to cure the breach and shall cure the breach within forty-five (45) days after receipt of the notice; provided,however, if such breach is nonmonetary in nature, and, as determined by State, is not reasonably susceptible of being cured in said forty-five (45) days (provided that the lack of funds, or the failure or refusal to spend funds, shall not be an excuse for a failure to cure), Lessee shall commence to cure such breach within said period and diligently pursue such action with continuity to completion. If Lessee fails to cure a default, all Lessee-Owned Improvements shall, at the option of State,be removed by Lessee, be removed by State at Lessee's sole cost and expense, or become the property of State. A material breach includes but is not limited to the following actions by Lessee: (1) Failure to pay any rent or any other sums due under this Lease when due,unless cured within the time periods set forth above. (2) Failure to cure immediately any condition related to the release of any Hazardous Substance within the Lease Area. (3) Failure to cure any condition related to an Emergency according to the time periods set forth in Section 4.05 above. (4) Abandonment of the Lease Area. (5) Commencement of bankruptcy or insolvency proceedings against Lessee or the appointment of a trustee or receiver of Lessee's property,unless the same is dismissed within thirty(30)days. (6) Failure to observe or perform any term or condition of this Lease other than those addressed above, unless such failure is cured within the time periods set forth in Section 13.01. Special Use Lease 60-A72406 Page 20 of 34 13.02 Survival. All obligations of Lessee to be performed prior to the expiration or earlier termination shall not cease upon the termination or expiration of this Lease and shall continue as obligations until fully performed. All clauses of this Lease which require performance beyond the termination or expiration date shall survive the termination or expiration date of this Lease. However, upon expiration or earlier termination of this Lease,the rights of Lessee and of all persons, firms, corporations, and entities claiming under Lessee in and to Lease Area and all Improvements hereon,unless specified otherwise in this Lease, shall cease. 13.03 State's Right to Cure Defaults. If Lessee fails to perform and is in default of any undertaking or promise contained herein, State shall have the option, but is not obligated, to make such performance after giving ten (10) days' written notice to Lessee. State's costs and expense to correct Lessee's failure to perform shall be reimbursed by Lessee and shall be immediately due and payable,together with interest accruing from the date such cost or expense is incurred. 13.04 Remedies Cumulative. The specified remedies to which State may resort under the terms of this Lease are cumulative and are not intended to be exclusive of any other remedies or means of redress to which State may lawfully be entitled in case of any breach or threatened breach by Lessee of any provision of this Lease. 13.05 Nonwaiver. Waiver by State of strict performance of any provision of this Lease shall not be a waiver of nor prejudice State's right to require strict performance of the same provision in the future or of any other provision. The acceptance of performance, or any other sum owing, by State following a breach by Lessee of any provision of this Lease shall not constitute a waiver of any right of State with respect to such breach, and State shall be deemed to have waived any right hereunder only if State shall expressly do so in writing. 13.06 Force Majeure. Lessee's failure to comply with any of the obligations under this Lease shall be excused if due to causes beyond Lessee's control and without the fault or negligence of Lessee, including acts of God, acts of the public enemy, acts of any government, fires, floods, epidemics, and strikes. 13.07 Insolvency of Lessee. If Lessee becomes insolvent,bankrupt,receiver appointed, or their interest is transferred by operation of law,by reason of insolvency, State may cancel this Lease at its option. Insolvency as used herein will mean the inability of Lessee to meet its monetary obligations under this Lease as they come due. SECTION 14 - GENERAL PROVISIONS 14.01 Governing Law. This Lease shall be construed, interpreted, and enforced pursuant to the laws of the state of Washington. Venue shall be in Thurston County. The terms of this Lease shall be given their ordinary meaning and shall not be construed in favor of or against either party hereto. Special Use Lease 60-A72406 Page 21 of 34 14.02 No Partnership. State is not a partner nor a joint venturer with Lessee in connection with the activities conducted and business carried on under this Lease, and State shall have no obligation with respect to Lessee's debts or other liabilities. 14.03 Lessee's Authority. Persons executing this Lease on behalf of Lessee represent that they are authorized to do so and represent and warrant that this Lease is a legal, valid, and binding obligation on behalf of Lessee, and is enforceable in accordance with its terms. 14.04 State's Authority. This Lease is entered into by State pursuant to the authority granted by statute and the Constitution of the State of Washington. The terms and conditions hereof are subject to such statutory and constitutional provisions as may be now in effect and such provisions which do not impair the contractual rights of Lessee under this Lease which may lawfully be enacted subsequent to the date of this Lease. 14.05 Preservation of Markers. Lessee shall not destroy any land survey corner monuments and reference points (including but not limited to corner markers,witness objects, or line markers) without prior written approval from State, which shall not be unreasonably withheld. Monuments or reference points that must necessarily be disturbed or destroyed during construction or operations must be adequately referenced and replaced, at Lessee's cost, under the direction of a State of Washington Professional Land Surveyor, in accordance with all applicable Laws of the State of Washington, including but not limited to Chapter 58.24 RCW, and all relevant Department of Natural Resources regulations. 14.06 Condemnation. If any public authority under the power of eminent domain takes all of the Lease Area,this Lease will terminate as of the date the public authority,pursuant to the condemnation,takes possession. If any part of the Lease Area is so taken and, in the opinion of either State or Lessee, it is not economically feasible to continue this Lease in effect, either party may terminate this Lease. Such termination by either party shall be made by notice to the other given not later than thirty(30) days after possession is so taken,the termination to be effective as of the latter of thirty (30)days after said notice or the date possession is so taken. All damages awarded for the taking or damaging of all or any part of the Lease Area, or State-Owned Improvements thereon, shall belong to and be the property of State, whether made as compensation for diminution in value of the leasehold, for the taking of the fee, or for severance damages, and Lessee hereby assigns to State any and all claims to the award, but nothing herein contained shall be construed as precluding Lessee from asserting any claim Lessee may have against the public authority for disruption or relocation of Lessee's business on the Lease Area or for Lessee-Owned Improvements. 14.07 Interpretation and Numbering. This Lease has been submitted to the scrutiny of all parties hereto and their counsel if desired and shall be given a fair and reasonable interpretation in accordance with the words hereof,without consideration or weight given to it being drafted by any party hereto or its counsel. Section numbers,headings, or titles are for convenience only and are not to be construed to limit or to extend the meaning of any part of this Lease. Special Use Lease 60-A72406 Page 22 of 34 14.08 Time of Essence. Time is expressly declared to be of the essence of this Lease and each and every covenant of Lessee and State hereunder. 14.09 Amendments.Any amendments,revisions, supplements, or additions to this Lease or the attached exhibits shall be made in writing executed by the parties hereto, and neither State nor Lessee shall be bound by verbal or implied agreements. Such changes may be made by re-execution of the signature page and the deletion and addition of the appropriate new effective pages or exhibits governing the change, if any. 14.10 Entire Agreement. This written Lease or its successor or replacement contains the entire agreement of the parties hereto with respect to the matters covered hereby, and no other agreement, statement,or promise made by any party hereto, or to any employee, officer, or agent of any party hereto, which is not contained herein, shall be binding or valid. 14.11 Severability. If any term or provision of this Lease or the application thereof to any person or circumstance shall to any extent prove to be invalid, unenforceable, void, or illegal,the remainder of this Lease, or the application of such term or provision to persons or circumstances other than those as to which it is invalid or unenforceable, shall be not affected thereby, and each term and provision of this Lease shall be valid and be enforced as written to the fullest extent permitted by applicable Law. 14.12 Attorney Fees. If either party brings suit or submits to an alternative dispute process to interpret or enforce any provision of the agreement,the prevailing party shall be entitled to reasonable attorney fees, paralegal fees, accountant and other expert witness fees and all other fees, costs and expenses actually incurred in connection therewith, including those incurred on appeal, in addition to all other amounts provided by law,regardless of whether the matter proceeds to judgment or is resolved by the defaulting party curing the default. 14.13 Designated Contact.Notices, required or desired, unless provided for otherwise in this Lease, shall be in writing and delivered personally or by messenger, or sent by reliable overnight courier or U.S. Postal Service, certified mail, return receipt requested,postage prepaid, and shall be sent to the respective addressee at the respective address set forth below or to such other address as the parties may specify in writing. State Primary Lease Contact: Washington State Dept. of Natural Resources Product Sales and Leasing Program Mail Stop 47014 Olympia, WA 98504-7016 Re: Agreement No 60-1358866 Attn: Westside Operations Manager Phone: 360-902-1600 Special Use Lease 60-A72406 Page 23 of 34 Lessee Primary Contact: Mason County Department of Public Works/U&W Management Richard Dickinson 100 W Public Works Drive Shelton, WA 98584 Phone: 360-427-9670 ext 652 14.14 Change in Contact. Each party shall notify the other party within fifteen(15)business days of any change of address, business name, contact person's name, or other changes that may affect this Lease. 14.15 Date Received.Notices shall be deemed effective upon the earlier of receipt,when delivered, or, if mailed,upon the date on the return receipt listed as delivered. 14.16 Discrimination. Lessee shall not conduct or suffer any business upon the Lease Area which unlawfully discriminates against any person on the basis of race, color, creed, religion, sex, age, or mental or physical disability or which otherwise violates applicable civil rights and anti-discrimination requirements, including but not limited to Chapter 49.60 RCW. 14.17 Proprietary Information/Public Disclosure. Materials or information submitted as required in this Lease shall become public records within the meaning of Chapter 42.56 RCW. Any submitted materials or information that Lessee claims as exempt from disclosure under the provisions of Chapter 42.56.210 RCW must be clearly designated. The page must be identified and the particular exemption from disclosure upon which Lessee is making the claim must be identified by the RCW citation number. State will consider a Lessee's request for exemption from disclosure; however, State will make an independent decision on the applicability of any claimed exemption consistent with applicable Laws. The portion of a document claimed as exempt must qualify for exempt status as identified in Chapter 42.56 RCW. Marking the entire submitted materials or information exempt from disclosure cannot be honored without justification. If a public records request is made regarding materials that Lessee has requested as exempt,the affected Lessee will be given notice of the request and allowed ten(10) business days to seek a court injunction against the requested disclosure prior to State fulfilling the public records request. 14.18 Exhibits. This Lease is subject to the terms and conditions of exhibits referenced herein, which are attached hereto and by this reference made a part hereof. Exhibit A: Lease Area Map Exhibit B: Lease Area Easements Exhibit C: Lessee-Owned Improvements Exhibit D: Map Lessee-Owned Improvements Special Use Lease 60-A72406 Page 24 of 34 Exhibit E: State-Owned Improvements Exhibit F: Road Access Map Exhibit G: HCP Requirements IN WITNESS WHEREOF,the parties hereto have executed this instrument, in duplicates to become effective as of the day and year first above written. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Dated: , 2022. KEVIN SHUTTY, CHAIR 411 North Fifth St. Shelton, WA 98584 Phone: 360-427-9670 STATE OF WASHINGTON Ssi0N'4' DEPARTMENT OF NATURAL RESOURCES G� F p .d W G F W n OP WAs9� Dated: 920 DUANE EMMONS Deputy Supervisor of State Uplands Mailstop 47014 Olympia, Washington 98504-7014 360-902-1600 Approved as to form August 5,2020 By Kirsten M.Nelsen, Assistant Attorney General Special Use Lease 60-A72406 Page 25 of 34 NOTARIAL CERTIFICATE ACKNOWLEDGMENT IN A REPRESENTATIVE CAPACITY STATE OF WASHINGTON ) ) ss. COUNTY OF MASON ) I certify that I know or have satisfactory evidence that KEVIN SHUTTY is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument, and acknowledged it as the , CHAIR OF THE BOARD OF COUNTY COMMISSIONERS, MASON COUNTY,to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: (Seal or Stamp) NOTARY PUBLIC in and for the State of My appointment expires Special Use Lease 60-A72406 Page 26 of 34 STATE ACKNOWLEDGEMENT State of Washington County of THURSTON I certify that I know or have satisfactory evidence that DUANE EMMONS is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the DIVISION MANAGER, PRODUCT SALES AND LEASING DIVISION of the Department of Natural Resources of the State of Washington to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: (Signature) (Seal or stamp) (Print Name) Notary Public in and for the State of Washington, residing at My appointment expires Special Use Lease 60-A72406 Page 27 of 34 b N A w N 67'45.01•W 1090,54' CASCADE NASAL GAS a URI-45.01-W CD N O'ALUPIPE (OR REB N67'45'01-M 1161.53' 395.52' C" 'FOREST LAi D SERVICES T L.S.CD 16916 FOUND 12/7/00 b •' j/; j �r I-IRON PIPE W/ALUMINUM PLUG. N/4 COR.SEC. 25 TW. 22H RNG.2t 3 f/ •.. Li / yt� FOUND 6/3/98 ON FORESTRY' •r } WE= KMT o �! WE Cdl,SEC. 25 lit'. 22N RNC. zw �1 d 4'-a'AlXFSS h [JA a GATE SPRAYI'ELD PIPES l4 o . (TYPICAL) r AND 3/4' v. CaNaoT i ! r VALVE VAULT FENCE PLAN SCALE: I•-27 _ ~^// EDGE OF SPRAYTTEID 200' Tar 0 200' ONO Tss. <�-+- GRAVEL ROAD _ I� w �. Mason County Department of Utilities/water Mmogw l Lease f60-072406 / Limon County water R•fornalion WaylNld SILO Legal DOecriptlon: BOgi kig ai the Northeast Carr of Section 25. Toenof*22 North. Ror," Teo '� Meal TINomOth Nsrleima Mason Canty,Whlhinglan; Tt—ce North 67'45'01-wosl Alersg IM Norm line at said Section 395.52 feet. to the TRUE POINT OF OEGOINING: GRAVEL ROAD SPRAYFIELD PIPES Thence South 3O'29'20-Week 3479.77 het; . % —(TYPICAL) Thence North 19-41'W Week 16.76 Iloo � Ttsence North i6"41.56•YhN 654.57 het 'ri 4r Tt.—o North 3CS9'10-East 1021.31 Isal: t�I Th n Worth 44'42'OO-West 147.92 Not; • '{ Thonco North 227S07'East 772.00 1u1: thence North 3337'42'Eat 5XIII lest.to the North tine of sold Section 25; .te Tha South 67'45'0I'Eml 1181.55 ImL along sold North IYnO to the TRUE POINT OF BEGINNING. ./ Containing 50-3 ours,more d Issa Nobs-. The above bearings and distoness we WW dir—lons and we related to the I^ Washington NAOa3 coordinate system,south cone(1991 od)utmsntt using the combined grid factor of 0.99999414. Project dlnsonslons equal WW distances divided by the combined 9rW factor. . 11' S64'40 E 16.76' EXHIBIT B LEASE AREA EASEMENTS p o+' 354/t el Pccess Fd A4WR a ' coF to 24 1- 5 / 24 T22R02W i 60-072406 t' 19 19 5 3 Mason ,y> South Puget Sux%d �a a� h 5 24 Aso r o� 2 or c° 0� T22R01 W 195 ft c 055293Jt rep �292/t ------ --- ---.. �o or 36 Esri Community Maps Contributors,WA State Parks GI c OpenStreetMap, Microsoftsri Canada,Esri,HERE,Garmin,SafeGraph,I CREMENT*J METI/ NAT6SGS,Bureau of Land Management,EPA,NP ,US Census Bureau, USDA Special Use Lease 60-A72406 Page 29 of 34 EXHIBIT C LESSEE OWNED IMPROVEMENTS Description Location Spray field improvements including, but not limited to, Zone A, B, and C identified HDPE pipe manifolds and latersals, concrete anchor blocks in Exhibit D and restraining brackets, drain valves, electrical conduit, and water sensors. Valve Vault with fence Zone A indentified in Exhibit D Special Use Lease 60-A72406 Page 30 of 34 CD C) w' rA C Eu ten: t" »YS..(.MRPS b 4 TKS SM4 K M.,.,(fl S Q, Su e.m.a3rt...00,nm uo Rlsn....c w.CD arr s33 o3,u. �.w R Sa r+3 +ss<ry•r mnf rt..o.a•m..n San....c r.n¢, OWI PROP[A7r— _ _ � _ COC MIOPERn(5. r.C. CN ® - -- —— - PROMRt C �. ..•.s.c ,o a n,.®..sm'w�o,r.ls..ac.oayna a �———' ..-�___.'__ -- rra'fw a+o,Ca m r' O 3 �M%N r4H3 Oi 71M,• _�.----_ . m.n. wna3 f/r o[c*a..ma3+rti an 3 P. ---. _ -- ------—s3• — ———'- .w \ [b...rt•ilsR mesa s.wa+.K•m.,3uar.mwr•,t F r �I 6 .OL1 TJ 9d,3 U IOI wO.0 Ma11 \ _ /'• mwZONE A V Mmos. WPC _ 0-4 17, s -�_ - /i� �/ �i�•' d C7n/s •J.. / �IRaRE]ARNO/. • / �' / 9' °Mn►n W _ /M .eP i OF a. `-- / — pNR PROPERtt . \ ArC0110 MAWNQ DPRA1'PDI DFTE PLAN rur[—rAia—r-'fO1C�PEUE r .io,.rx3.mao•a, EXHIBIT E STATE-OWNED IMPROVEMENTS Description Location None Special Use Lease 60-A72406 Page 32 of 34 EXHIBIT F LEASE AREA ACCESS ti 9 2 O� 24 02 2R02W 60-072406 2 50 9 �Q t9 � i 9 S o it r 1 OOD MAINL IN 5 P Id; , SHERW QO�A� S o 1 41 i� Q� RROKI T22R01 W if Special Use Lease 60-A72406 Page 33 of 34 EXHIBIT G HCP REQUIREMENTS 1. The Lessee shall immediately notify the State of new locations of Permit species covered in the Incidental Take permit(ITP)that are discovered within the leased Premises covered by the Habitat Conservation Plan(HCP), including,but not limited to: locations of occupied murrelet habitat; spotted owl nest sites; wolves; grizzly bears; nests, communal roosts, or feeding concentrations of bald eagles;peregrine falcon nests; Columbian white-tailed deer; Aleutian Canada geese; and Oregon silverspot butterflies. In all circumstances notification must occur within a 24 hour time period. 2. Upon locating any live, dead, injured, or sick specimens of any listed species covered by the ITP within the leased Premises the Lessee shall immediately notify the State. In all circumstances notification must occur within a 24 hour time period. Lessee may be required to take certain actions to help the State safeguard the well being of any live, injured or sick specimens of any listed species discovered,until the proper disposition of such specimens can be determined by the State. 3. Lessee shall refer to ITP number TE812521-1 (a copy of the ITP is located for reference in the region office) in all correspondence and reports concerning Permit activities. 4. All applicable provisions of the ITP and this schedule must be presented and clearly explained by Lessee to all authorized officers, employees, contractors, or agents of Lessee conducting authorized activities on the Property. Any questions Lessee may have about the ITP should be directed to the State. Special Use Lease 60-A72406 Page 34 of 34 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Richard Dickinson, Deputy Director/U&W Action Agenda DEPARTMENT: Public Works EXT: 450 BRIEFING DATE: February 28, 2022 INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal Information Technology ❑ Other— please explain ITEM: Eells Hill Landfill Closure Monitoring Project BACKGROUND: In 2016 Parametrix completed a closure report for the Mason County Landfill (closed in 1993) that was submitted to Environmental Health and the Department of Ecology. The Department of Ecology required quarterly groundwater monitoring for the following two years, landfill gas monitoring, and another settlement survey of the landfill. The quarterly monitoring finished up in 2020 and the results were analyzed and incorporated into a final report which was submitted to Environmental Health and the Department of Ecology. Public Works has received comments from the final report from Mason County Environmental Health and would like to enter into an agreement with Parametrix, on an on-call basis, to address these comments and provide post-closure activity support. BUDGET IMPACTS: Maximum payout for Parametrix to provide post closure monitoring and on-call services is not to exceed $7,602.00. This will be paid out of the Landfill Closure Fund. RECOMMENDED OR REQUESTED ACTION: Recommend the Board authorize the Deputy Director/ Utilities and Waste Management to execute a contract with Parametrix to provide Post Closure Monitoring and On-Call Services for the Mason County Landfill. ATTACHMENT: 1. Agreement MASON COUNTY AND PARAMETRIX PROFESSIONAL SERVICES CONTRACT This CONTRACT is made and entered into by and between Mason County, hereinafter referred to as "COUNTY" and Parametrix, referred to as "CONTRACTOR." RECITALS: WHEREAS, COUNTY desires to retain a person or firm to provide the following service: Post Closure Monitoring and On-Call Post-Closure for Mason County Landfill; and WHEREAS, CONTRACTOR warrants that it is qualified and competent to render the aforesaid services. NOW, THEREFORE, for and in consideration of the CONTRACT made, and the payments to be made by COUNTY, the parties agree to the following: 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 Work and Fee Estimate," during the CONTRACT period. No material, labor or facilities will be furnished by COUNTY, unless otherwise provided for in the CONTRACT. Term: The performance period for this CONTRACT will start March 1, 2022 and end December 31 2022. Services Outside of 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. Compensation: The CONTRACT total value is not to exceed $7,602 unless amended by COUNTY and CONTRACTOR. 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. I 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. Where Exhibit B requires payments by the COUNTY, payment shall be based upon written claims supported, unless otherwise provided in Exhibit B, 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 2 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 A. 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. 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. 3 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. Certification Regarding Federal Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions: CONTRACTOR further certifies, by executing this CONTRACT, that neither it nor its principles is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or Agency. CONTRACTOR also agrees that it shall not knowingly enter into any lower tier covered transactions (a transaction between CONTRACTOR and any other person) with a person who is proposed for debarment, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, and CONTRACTOR agrees to include this clause titled "Certification Regarding Federal Debarment, Suspension, Ineligibility and Voluntary Exclusion - 4 Lower Tier Covered Transaction" without modification, in all lower tier covered transactions and in all solicitations for lower tier transactions. The "General Service Administration List of Parties Excluded from Federal Procurement or Non- procurement Programs" is available to research this information at http://epls.arnet.gov/. Ownership of Items Produced: All writings, programs, data, public records or other materials prepared by CONTRACTOR and/or its consultants or sub-contractors, in connection with performance of this CONTRACT, shall be the sole and absolute property of COUNTY. Any modification or reuse of such materials for purposes other than those intended by this CONTRACT shall be at COUNTY's sole risk and without liability to CONTRACTOR. When CONTRACTOR creates any copyrightable materials or invents any patentable property, CONTRACTOR may copyright or patent the same, but COUNTY retains a royalty-free, nonexclusive and irrevocable license to reproduce, publish, recover, or otherwise use the materials or property and to authorize other governments to use the same for state or local governmental purposes. CONTRACTOR further agrees to make research, notes, and other work products produced in the performance of this CONTRACT available to COUNTY upon request. Work Product: CONTRACTOR will provide COUNTY with all work product including; plans, data, maps, as- builds, and 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. Prior notice will be provided and the review may include, but is not 5 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 of evidence of full compliance, payments not otherwise subject to withholding or set-off will be released to CONTRACTOR. Proof of Insurance: A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to COUNTY prior to CONTRACT execution. 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 that is incorporated 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: 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 which 1) are caused in whole or in part by any negligent or 6 wrongful act or omission of 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 breach of this CONTRACT by CONTRACTOR, its employees, agents or volunteers or CONTRACTOR's subcontractors and their employees, agents or volunteers; for the value of the CONTRACT or $1,000,000, whichever is less. This indemnification obligation of the Provider shall not apply in the limited circumstance where the claim, damage, loss or expense is caused by the sole negligence of COUNTY, its employees or agents. In the event of the concurrent negligence of CONTRACTOR, its subcontractors, employees or agents, and COUNTY, its employees or agents, this indemnification obligation of CONTRACTOR shall be valid and enforceable only to the extent of the negligence of CONTRACTOR, its subcontractors, employees and agents. This indemnification obligation of 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 CONTRACTOR hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of 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. 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 of Contract: COUNTY hereby appoints, and CONTRACTOR hereby accepts, the Mason County's Deputy Director/Utilities and Waste Management 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: Richard Dickinson Deputy Director/Utilities and Waste Management Mason County Public Works 100 W. Public Works Drive Shelton, WA 98584 (360) 427-9670 x652, rdickinson(a-)-masoncountywa.us CONTRACTOR's Primary Contact's Information: Lisa Gilbert Senior Hydrologist Parametrix 719 2nd Avenue, Suite 200 Seattle, WA 98104 203-394-3667 LGilbert(aD-parametrix.com 7 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 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. However, COUNTY will not terminate this CONTRACT for cause without providing CONTRACTOR written notice of the breach and a reasonable opportunity to cure. 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. 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. 8 Disputes: 1. Differences between the CONTRACTOR and COUNTY, arising under and by virtue of the CONTRACT 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 one (1) year 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 one (1) year prior to a written request or demand for arbitration issued under this CONTRACT are not subject to arbitration. 9 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 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 or CONTRACTOR 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. Funding source agreement(s) including attachments C. Exhibit C Insurance Requirements 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. Parametrix BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Kevin Shutty, Chair Printed Name & Title Dated: Dated: APPROVED AS TO FORM: Tim Whitehead, Chief DPA 10 EXHIBIT A SCOPE OF SERVICES EXHIBIT B COMPENSATION NOTE-include billing/invoice specifics. A. Compensation: CONTRACTOR will be compensated not more than $7,602 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; number of hours being billed; invoice total; and any additional applicable information. 2. Submit via e-mail to: Richard Dickinson Deputy Director/Utilities and Waste Management Mason County Public Works 100 W. Public Works Drive Shelton, WA 98584 (360)427-9670 x652 rdickinson@masoncountywa.us 3. Payment will be made to CONTRACTOR within thirty (30) days of the receipt of a complete and accurate invoice 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, 04/13Defense 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. 4. Professional liability (errors & omissions) insurance. CONTRACTOR shall maintain professional liability insurance that covers the services to be performed in connection with this CONTRACT, in the minimum amount of$1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this CONTRACT and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this CONTRACT. 5. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Such policy or policies shall include as insureds those covered by the underlying policies, including additional insureds. Coverage shall be "pay on behalf', with defense costs payable in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to COUNTY for injury to employees of CONTRACTOR, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval of COUNTY following receipt of proof of insurance as required herein. B. Certificate of Insurance: A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to COUNTY prior to CONTRACT execution. C. Basic Stipulations: 1. CONTRACTOR agrees to endorse the Commercial General Liability and Business Auto coverages required herein to include as additional insureds COUNTY, its officials, employees and agents, using ISO endorsement CG 20 10 04/13 and CG 20 37 04/13. CONTRACTOR also agrees to require all 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, provided that any modifications or additions to the required coverages will require the approval of CONTRACTOR. 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 upon request by COUNTY to provide redacted copies of any policies required within 20 days of such request. COUNTY has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests at COUNTY's cost. 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 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. 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. 10. Reserved. 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 CONTRACT 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 to provide prompt notice to COUNTY of any notice of cancellation of any required policy or of any material alteration or non-renewal of any such policy, other than for non-payment of premium. CONTRACTOR shall assure that this provision also applies to any of its employees, agents or subcontractors engaged by or on behalf of CONTRACTOR in relation to this CONTRACT. 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, provided that CONTRACTOR's consent is required for any such change. If such change results in additional cost to the CONTRACTOR, the COUNTY and CONTRACTOR will 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 CONTRACT. 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. Parametrix ENGINEERING.PLANNING.ENVIRONMENTAL SCIENCES 719 2ND AVENUE,SUITE 200 I SEATTLE,WA 98104 I P 206.394.3700 February 10, 2022 Parametrix No.555-1982-042 Mr. Richard Dickinson Mason County Department of Utilities&Waste Management 100 W Public Works Drive Shelton,WA 98584 Re: Mason County Landfill Post-Closure Services Dear Richard: Attached is our proposed scope of work and fee estimate for continued environmental monitoring services at the Mason County Landfill.The work includes providing on-call services to support terminating post-closure care.A description of the scope of work and fee estimate by task is attached as Exhibit A. The total costs are estimated at$7,602.The budget assumes the approved work plan will consist of the activities outlined in the attached Scope of work. If you have any questions regarding the work performed or the project in general,please feel free to call me at(206) 394-3667.We appreciate the opportunity to provide continuing environmental services to Mason County. Sincerely, PARAMETRIX Lisa Gilbert Senior Hydrogeologist cc: Project File !a-c_�j<!-'ZCt[. �cC.�c,•LrC. C.fc..�t.!�C:<.. ..��'z<<.°�tcl,c.._ . •ru cx jc'�,ca c? G.. <1_l�r�f�C.LCt�[?2.. Parametrix Mr. Richard Dickinson ENGINEERING.PLANNING.ENVIRONMENTAL SCIENCES February 10, 2022 Page 2 EXHIBIT A—SCOPE OF WORK AND FEE ESTIMATE TASK 06 POST-CLOSURE ON-CALL SERVICES INTRODUCTION The Mason County Landfill closed in 1993, and the 20-year post-closure period has been completed in accordance with Chapter 173-304 WAC.WAC 173-304-407(8)(c)states that"if the jurisdictional health department finds that post-closure monitoring has established that the facility is stabilized (i.e. little or no settlement, gas production,or leachate generation),the health department may authorize the owner or operator to discontinue post-closure maintenance and monitoring activities."The work described in the plan is intended to supplement the Post-Closure Care Status Report prepared in 2020 that evaluated the stability of the Landfill in accordance with the Ecology guidance document"Preparing for Termination of Post-Closure Activities at Landfills Closed Under Chapter 173-304 WAC'. A fee estimate by task is attached to further clarify the project requirements.This scope of work and budget assumes that the start date for this work will be February 14, 2022, and the completion date will be December 31,2022. SCOPE OF WORK Subtask 01 Groundwater Addendum Objective Address the December 14,2021 comments provided by Mason County Environmental Health Department regarding groundwater monitoring related to exceedances of GWQS at points of compliance(POC): • Provide a supplement to the post-closure summary report April 2020 the following justifications and comments • For analyses that do not report results in accordance with GWQS methods: Comment on efforts to locate a lab that can provide analyses that met reporting and detection limits. • To support conclusions for contaminants with exceedances: Request to provide time series plots that compare values/trends for a single onalyte at POC with values for MW-4(upgradient). For example, time series plot of pH values for each downgradient well that exceeds MW-4 values(rather than all values for all wells on a single plot). Provide the same for private well(s)when available. Subtask 02 On-Call Consulting Objective Parametrix will provide consulting services as requested by Mason County to support post-closure activities.The services may include: • Assist in preparing for decommissioning the landfill gas flare and groundwater and landfill gas monitoring systems. t.4-t-J�cl-�cC �c E.�i-L£ L��'�.-�ji-L2E1C .✓c�!_c-c-Liz>[-e,tiJ. -�'L'LGL.�I�G•LY� !. ��c:j`Gre.Le•4-[C'-£-. Parametrix Mr. Richard Dickinson ENGINEERING.PLANNING.ENVIRONMENTAL SCIENCES February 10, 2022 Page 3 • Attend meetings with the Mason County Environmental Health District(MCEHD)and the Department of Ecology(Ecology)to discuss the recommendations from the Post-Closure Status Report. Assumptions The services will be provided on a time-and-materials basis as requested by the County. o'11t<..�ir,Le ct C�.� �:2.C.t•e¢r. MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Mike Collins, PLS, PE, Deputy Director/County Engineer DEPARTMENT: Public Works EXT: 450 BRIEFING DATE: February 28, 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: Purchase of a Plate Compactor EXECUTIVE SUMMARY: Mason County Department of Public Works would like to purchase one (1) plate compactor to use for soil and material compaction in trenching/ditching, road repairs and site preparation for road maintenance activities. The purchase would be from United Rentals out of Tumwater. WA, off Washington State Contract #2915 for a price of $12,639.17. Budget Impacts: The requested purchase is in 2022 Road Fund budget. RECOMMENDED OR REQUESTED ACTION: Recommend the Board of County Commissioners authorize Public Works to procure the plate compactor off of the Washington State Contract #2915 from United Rentals for $12,639.17. ATTACHMENTS: 1. United Rentals Equip. Sale Quote 2. Equipment Info. 0United Rentals EQUIP UOTESALE BRANCH 122 6070 LINDERS 98 WAY SW # 202976497 TUMWATER WA 98501-5229 360-786-8408 Customer # 771909 Quote Date 02/08/22 v PUBLIC WORKS 100 PUBLIC WORKS DR UR Job Loc 100 PUBLIC WORKS DR, R Job SHELTON WA 98584-9714 oust mer Job ID: 7 AO P.O. # QUOTE 11"7 Office: 360-427-9670 Cell: 360-490-0861 ordered By GARY ALBAUGH Written By TYLER DOLMAN Salesperson TYLER DOLMAN MASON COUNTY PUBLIC WORKS 100 PUBLIC WORKS DR SHELTON WA 98584-9714 This is not an invoice Please do not pay from this document Qty Equipment # Price Amount 1 1503810 CC: 150-3810 11649.00 11649.00 VIB PLATE REVERSIBLE 11000-13999# IMPACT Bomag BPR 60/65 D/E Lead Time March 2022 WA State Contract #2915 Sub-total: 11649.00 Tax: 990.17 Total: 12639.17 CONTACT: GARY ALBAUGH CELL#: 360-490-0861 Note: This proposal may be withdrawn if not accepted within 30 days. THIS IS NOT AN EQUIPMENT SALE AGREEMENTIINVOICE.THE SALE OF EQUIPMENT AND ANY OTHER ITEMS LISTED ABOVE IS SUBJECT TO AVAILABILITY AND ACCEPTANCE OF THE TERMS AND CONDITIONS OF UNITED'S EQUIPMENT SALE AGREEMENTIINVOICE,WHICH MUST BE SIGNED PRIOR TO OR UPON DELIVERY OF THE EQUIPMENT AND OTHER ITEMS. Page: 1 BOMAG FAYAT GROUP Reversible Vibratory Plates t �4 f + p�pANTy r .n4 Fully closed hood for maximum protection and lower repair costs. BOMAG ECONOMIZER-An optional soil stiffness indicator providing greater productivity and reduced machine wear. www.bomag.com/us Technical Specifications Hi Shipping dimensions ��rr H in cubic feet(m') 32� BPR45/55D 44.6 (1.26) �C BPR50/55D 44.6 (1.26) W BPR60/65D 44.6 (1.26) W' L W2 Standard Equipment-All Models Dimensions in inches(mm) H H, L L, W Wt W: Fully closed engine protection hood BPR45/55D 31.1 (790) 31.5(800) 66.9(1700) 35.4(900) 17.7(450) 21.7(550) 29.5 (750) BPR50/55D 31.1 (790) 38.6(980) 66.9 (1700) 35.4(900) 17.7(450) 21.7(550) 29.5(750) made of high strength steel BPR60/65D 31.1 (790) 38.6(980) 66.9(1700) 35.4(900) 17.7(450) 25.6(650) 29.5 (750) Hydraulic travel lever adjustment Low vibration steering rod with four rubber supports Technical Data BOMAG BOMAG BOMAG BPR45/55D BPR50/55D BPR60/65D Height adjustable steering rod Weights Steering rod lockable in transport Basic Operating Weight.................lbs(kg) 862(391) 875(397) 996(452) Operating Weight(W)..................lbs(kg) 840(381) 851 (386) 961 (436) and working position Operating Weight(W1).................lbs(kg) 873(396) 884(401) 1005(456) Vibration and throttle regulation on Operating Weight(W2).................lbs(kg) 908(412) 919(417) 1030(46) the steering rod Driving Characteristics r Working speed max............ft I min(m lmin) 92(28) 92(28) 92(28) LI Highly wear resistant base plate with Max.gradeability(depending on soil conditions)......% 35 35 35 reinforced edges Drive Automatically adjusting V belt pulley Engine manufacturer........................ Lombardini Han Harz Type..................................... 15 LD 440 IB 40 1B 40 Fully protected V-belt Cooling air air air IJ Reinforced centrifugal clutch Number of cylinders ........................ 1 1 1 �( Performance ISO 9249 ................hp(kW) 8.9(6.6) 9.1 (6.8) 9.1 (6.8) LI Large-volume dry air filter with Speed.................................... 3000 3000 3000 Drive system .............................. meth. meth. meth. cyclone-type precleaner Fuel..................................... diesel diesel diesel Electric start with warning buzzer Vibratory System Recoil start with automatic Frequency .........................vpm(Hz) 4200(70) 3960(66) 3960(66) decompression Centrifugal force .....................lbs(kN) 10116(45) 11240(50) 13489(60) Multi-functional,foldable single Capacities Fuel.................................gal(1) 1.3(5) 1.3(5) 1.3(5) point lifting facility Tcdmical modiGatia -cd.Machines may be shown with options. Optional Equipment-All Models ❑ BOMAG Economizer ❑ Extension plates ❑ Vulcolan mat ❑ Hour meter ❑ Service kit BOMAG12BOMAG 00 KentvnllerRd icas,Kewanee,IL 61443 www.bomag.com/Us FAYAT GROUP Tel:309 853-3571 •Fax:309 852-0350 69273,69277,69278 R2 B86OH-3836 2M07147TPPG MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Mike Collins P.E., Deputy Director/ County Engineer DEPARTMENT: Public Works EXT: 450 BRIEFING DATE: March 15, 2022 INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources 11 Legal ❑ Information Technology ❑ Other— please explain ITEM: Purchase John Deere 5449 Wheel Loader EXECUTIVE SUMMARY: Mason County Public Works is looking to purchase a new 2020 John Deere 544P Wheel Loader off of the NJPA (Sourcewell) joint cooperative purchasing contract from Pape Machinery. The loader is needed for the Public Works Belfair Shop and used for a multitude of road maintenance activities, such as digging, moving materials, preparing job sites and carrying heavy loads. BUDGET IMPACTS: Public Works would like to trade-in three pieces of old equipment that Pape Machinery has offered a trade-in value of $77,500 (County equipment listed in attached quote). The remaining balance ($122,318.14) will come out of the County Road Fund 2022 budget. 2020 John Deere 544P Wheel Loader $190,235.61 Trade-in Revenues $(77,500.00) Remaining Balance $122,318.14 The County is getting a 41% discount on the loader through the Sourcewell Contract. RECOMMENDED OR REQUESTED ACTION: Recommend the Board authorize the County Engineer to trade-in three pieces of equipment for a value trade of $77,500 for the purchase of a new John Deere Loader off of the NJPA (Sourcewell) joint cooperative purchasing contract #03211-JDC with Pape Machinery for cost after trade in $122,318.14. ATTACHMENT: 1. Equipment info. &Quote Briefmg Summary 4 Wheel Loader tw •y't��. y� +z . j z�•1+J� R e' r ABOVE AND BEYOND MEET THE P-TIER WHEEL LOADERS When your material-handling application needs a heavy-duty lift, add a P-Tier INTUITIVE Wheel Loader to your lineup. Combining convenient front-end features with CONTROLS near-parallel lift, spacious operator stations including customizable ergonomic electrohydraulic (EH) controls, and streamlined electrical and hydraulic routing, these versatile and productive mid-size models are designed to help you take your operation to the next level. Take control Remote diagnostics and support It's easy to see Operators can easily control up to To maximize uptime and lower costs, Large seven-inch in-cab display six functions without letting go of JDLink'connectivity provides with easy-on-the-eyes clarity enables the ergonomically designed joystick. machine location,utilization data, intuitive push-button access to Two industry-exclusive multifunction and alerts to help you maximize key info.Standard rearview camera buttons can each be programmed productivity and efficiency. displays the activity behind the to handle any of up to 10 functions JDLink also enables John Deere machine on the color LCD screen. selected through the monitor, Connected Support". Dealers use including bucket vibrate and EH Expert Alerts based on data from On your side Precision mode. thousands of connected machines All daily service points including fuel to proactively address conditions refill are conveniently grouped at The bucket list that may otherwise likely lead to ground level on the left side of the A wide selection of enhanced downtime.Your dealer can also machine for easy access. Routing of production buckets with integrated monitor machine health and leverage electrical wire harnesses and hydraulic spill guards,curved side cutters,and remote diagnostics and programming hoses has been streamlined. impressive rollback delivers elevated capability to further diagnose bucket-fill performance and material problems and even update retention compared to earlier offerings. machine software without a time-consuming trip to At the forefront the jobsite.* Featuring bucket and linkage designs *Availability varies by region. that improve load leveling,material Options not available in retention,and visibility,these every country. loaders yield more productivity and performance than previous models. : w A. _ { k 0 OVERACHIEVERS ASPIRE TO GO HIGHER. With handy front-end features and plenty of productivity-boosting enhancements over previous models, our 544 P-Tier Wheel Loader redefines expectations about the heights a utility loader can reach. Have a seat Spacious and comfortable cab features extra legroom,an improved HVAC system,additional storage,and a more adjustable seat than earlier models. ` a Smooth operator Seat-mounted right-hand joystick features two programmable } multifunction buttons and electrohydraulic(EH)controls that are more intuitive to operate compared to our K-Series controls. •,' { t Near-parallel lift .� . Lift path on Z-Bar linkage is near parallel.Better load-leveling capability compared to K-Series models minimizes load rollback, reduces material spillage,and requires fewer manual adjustments. IT, Cross-tube and boom geometry of the Z-Bar linkage has been I, streamlined to provide a better view to the front attachment. , Pretty big plus i High-Lift Plus configuration provides an additional 24 inches of ` hinge-pin height over standard lift height and 12 inches over the High-Lift model.All three lift heights feature near-parallel lift. Tel s . 4. f Clear advantage Improved visibility to the work tool helps reducespillage as <. P Y P well as cycle and tool-changeover times. It also helps minimize � machine damage when working on crowded jobsites or up against walls. Step it up ®> Quad-Cool'"places the radiator,air-conditioner condenser, intercooler,and hydraulic,transmission,and optional axle coolers in a unique boxed configuration that's isolated from engine heat, boosting efficiency and durability. SALES 2-1700 E13/11) 1 ! I `MACHINFAT ORDER REFERENCE NUMBER' SIC.Code 'SHIP TO Name: Buyer- Misb courity PLAAIC.Woek� Address:. Same As Bill To. Address: 106 Public Works D&e City;State: ZIP" Clty: Shelton State- WA Zip: 985'84. County: County Masan. Customer No_ DELIVERY DATE(EST): Ph.Nm Fax No. MODEL jTRANSACTION INVENTORY Q PMENT.: MAKE 544P EQUIP.# - - RPO. NEW USED RENT Dmm $EA.# TBD ❑ o El ❑ DescriplJow.N126'DEEI;E'-*P WHEEL LOADER,STA14DARD CAR,SLSPEED.POWERSHIFT TRANSMISSION, $3.05, .00 AUTOMATIC-RFVl3 IN8:FAN.,TWt7 FUNCTtON HYD.,JR13 416 HYM COUPLER,3.0 CU.YD..BUCKET: 60 II@;WIDE FORK FRAME,60.IN.CONSTRUCTION:TRIES SOURCEWEU-DISCOU14T OFF t1ST 41%-SOURCEWELL CONTRACT*0321.1=.]DG 2YR/1500HR PRT PM $I,782,40 Attachments; PDI $2,500.00,FACTORY FRE.IGHT;-,$8AW.00,LOB DELIVERY.-$1,250-00 $11,750:OQ De /F.O.B:. A R I $i50,235 61 . YEAR MAKE MODEL SERIAL NUMBER Ti [ =' PRICI=$ it e— mpt,Provide;a erfificate. 86:CAT 936E SN#3HDO0099-$24,500.00,91 C1T 936E SN#33Z04819-$26,OQO.00 of enter Rate Below 07 DEERE 310SJ $27 000.00 Sales Tait-( %) $0.00 Ue'nl older Total Price $190,235.61 Trade-in Allowance: $77,500-00. Less(Est.)Payoff: MOD Net Trade in BILL OF SALE FOR TRADE-1N DESCRIBED HEREIN_WE CERTIFY THAT THERE IS NO LIEN,CLAIM.DEBT, MORTGAGE OR ENcuMaERANCE OF ANY IOND,'NATURE OR DESCRIPTION AGAINST THIS PROPERTY NOW Sales Tax( ILS. %) $9 5132.53 EXISTING,OF RECORD OR.OTHERWISE ANOTHAT SAME IS FREE AND CLEAR.AND IS MYI OUR SOLE AND. Balance Due $122,318:14 ABSOLUTE PROPERTY EXCEPT AS NOTED ABOVE, BUYER'S SIGNATURE.X Down Payment: $D•� FIN11lCE ❑' FINANCED ON ACCOUNT' © CASH/COD Doe Fees TERMS SUBJECTTO APPROVA . $OUI7CEiNgL.L INSURANCE $0.00 Amount to Finance $M.318.14 Length of-rem Est PMT.W/Ins, NS'URANCE AGENT: Est Pmt WO Ins: ❑ NEW:BA51C ❑ AS 1S I NO WARRANTY IDescRie� WARRANTY ❑.NEW EXTENDED. ❑USED inESMSE) (DESCRIBE) This Sales Order is subject 6 additional terms and conditions on the reverse side of this document The undersigned Buyer agrees that It has read and understands the temn°and conditions;warrant}r disctatmers,wid limitations of 1)ab)'rrty set out In the additional terns and conditions on the reverse side of this document:and that the same are Included in and are parts of d.is Sates Order as Vset forth on the face hereof.. PAPS MACNINERY,1m BUYER: (Store Address): 3607 20th Sbeet.East.: - TACOMA;WA W4.. ..._. By:_ Title: j BY: CLAY t7T m (153)92Z-Mill T%ee: Territory MW Date: Date: i 4 JOHN DEERE Ea MACHINERY Quote Summary Prepared For: Prepared By: MASON COUNTY DEPARTMENT OF PUBLIC W CLAYTON EMERY 100 PUBLIC WORKS DR Pape Machinery, Inc. SHELTON,WA 98584 3607 20th Street East Tacoma,WA 98424 Phone: 253-922-8718 cemery@papemachinery.com This sale is subject to Pape's Terms and Conditions of Sale effective Quote Id: 26061737 on the date hereof, which are incorporated in full by this Created On: 10 February 2022 reference. The Terms and Conditions of Sale are available at www. Last Modified On: 22 February 2022 pape.comlterms, and will also be sent by mail ore-mail to the Expiration Date: 28 February 2022 purchaser upon request_ Equipment Summary Selling Price Qty Extended JOHN DEERE 544 P WHEEL $ 190,235.61 X 1 = $ 190,235.61 1 LOADER Equipment Total $ 190,235.61 Trade In Summary Qty Each Extended 1986 CATERPILLAR 936E-3HD00099 1 $24,500.00 $24,500.00 PayOff $0.00 Total Trade Allowance $24,500.00 R 1991 CATERPILLAR 936E-33ZO4819 1 $26,000.00 $26,000.00 PayOff $0.00 Total Trade Allowance r $26,000.00 H 2007 JOHN DEERE 310SJ-T0310SJ144070 . 1 $27,000.00 $27,000.00 PayOff $0.00 Total Trade Allowance $27,000,00 it Trade In Total $77,500.00 n Quote Summary Equipment Total $ 190,235.61 F. Trade In $ (77,500.00) it SubTotal $ 112,735.61 Sales Tax-(8.50%) $9,497.53 Total $ 122,233.14 Down Payment (0.00) Rental Applied (0.00) Balance Due $ 122,233.14 Salesperson:X Accepted By:X Confidential 1` 0%JOHNDEERE � I I Selling Equipment MACHINERY Quote Id: 26061737 Customer: MASON COUNTY DEPARTMENT OF PUBLIC W JOHN DEERE 544 P WHEEL LOADER Hours: Stock Number: Selling Price $ 190,235.61 Code Description Qty Unit Extended 6030DW 544 P WHEEL LOADER 1 $235,004.00 $235,004.00 Standard Options-Per Unit 170K JDLink TM 1 $ 0.00 $ 0.00 0924 John Deere PowerTech Engine 1 $ 19,591.00 $ 19,591.00 1010 Standard Wheel Loader 1 $ 0.00 $ 0.00 1120 5-Speed Powershift Transmission with 1 $ 0.00 $ 0.00 Lock-up Torque Converter 1217 140 amp Alternator 1 $ 347.00 $ 347.00 1310 Flat Black Curved Stack 1 $0.00 $ 0.00 1430 Engine Air Intake System with 1 $ 667.00 $ 667.00 Centrifugal Precleaner 1520 Automatic Reversing Hydraulic Fan 1 $ 1,650.00 $ 1,650.00 1610 Standard Fuel Filter with Water 1 $ 0.00 $0.00 Separator and Standard Fuel Fill 1905 Standard Cab 1 $ 0.00 $ 0.00 1940 7 inch Monitor 1 $ 0.00 $ 0.00 1970 Hydrau Hydraulic Fluid 1 $ 0.00 $ 0.00 2010 Standard Z-BAR 1 $ 0.00 $0.00 2120 Steering Wheel Only 1 $ 0.00 $ 0.00 2220 Deluxe Seat, Cloth with Air Suspension 1 $ 0.00 $ 0.00 2350 Single Axis Lever Controls 1 $ 202.00 $.202.00 2402 Two Function Hydraulics 1 $0.00 $0.00 2510 Ride Control 1 $4,015.00 $4,015,00 2605 English Decals and Manuals 1 $0.00 $0.00 2708 8 Amp Converter 1 $0.00 $0.00 2890 No Payload Scale without Cycle 1 $ 0.00 $0.00 Counter 3046 Front Hydraulically Locking Differential 1 $0.00 $ 0.00 and Rear Conventional Differential Axles 3120 Manual Axle Differential Lock 1 $ 0.00 $ 0.00 4932 No Brand Preference 1 $ 14,275.00 $ 14,275.00 5550 Full Width Front and Rear Fenders 1 $2,310.00 $2,310.00 5610 Left Side Steps Only 1 $0.00 $ 0.00 5760 60 in (1524mm)Wide Fork Frame 1 $ 8,327,00 $8,327.00 5870 60 Inch (1524mm) Construction Tines 1 $2,117.00 $2,117.00 7120 Halogen Work and Drive Lights 1 $0.00 $ 0.00 Confidential JOHN DEERE El Selling Equipment MACHINERY Quote Id: 26061737 Customer: MASON COUNTY DEPARTMENT OF PUBLIC W 8220 Rear Hitch and Counterweight 1 $ 0.00 $0.00 8240 Rear Camera 1 $0.00 $ 0.00 8298 No Strobe Beacon or Left Beacon 1 $ 0.00 $0.00 Bracket 8310 Standard Exterior Mirrors 1 $0.00 $ 0.00 8360 Standard Radio 1 $ 576.00 $576.00 8450 Cab with Air A/C Charge 1 $ 0.00 $ 0,00 8560 Hydraulic Coupler-JRB 416 Pattern 1 $ 5,794.00 $ 5,794.00 8860 Bolt-on Cutting Edge 1 $ 1,054.00 $ 1,054.00 8910 3.0 Cu. Yd. Bucket(Coupler only) 1 $ 9,124.00 $ 9,124.00 9140 Fire Extinguisher 1 $ 149.00 $ 149.00 9240 Engine Compartment Light 1 $ 180.00 $ 180.00 9525 Slow Moving Vehicle(SMV) Emblem 1 $ 157.00 $ 157.00 9707 20.5R25 1 STAR L2 NO BRAND 1 $0.00 $ 0.00 PREFERRED RADIAL TIRES WITH 3 PC RIMS Standard Options Total $ 70,535.00 Value Added Services Total $0.00 Other Charges Freight 1 $6,500.00 $6,500.00 Setup 1 $ 1,700.00 $ 1,700.00 Deliver Charge 1 $ 1,000.00 $ 1,000.00 Other Charges Total $9,200.00 Suggested Price $314,739.00 Customer Discounts Customer Discounts Total $ -124,503.39 $-124,503.39 Total Sellii ,235.61 Confidential OJOHN DEERS I I Trade In MACHINERY Quote Id: 26061737 Customer: MASON COUNTY DEPARTMENT OF PUBLIC W 1986 CATERPILLAR 936E : �Oj SN#3HD00099 p r 17-07-0 Machine Details 0 Description Net Trade Value 1986 CATERPILLAR 936E $24,500.00 SN#3HD00099 Stock Number 3HD00099 Your Trade In Description Additional Options Hour Meter Reading 7490 24,500.M iTotal 1991 CATERPILLAR 936E SN# a Machine Details S ' 33200 3 IJ04 Description Net Trade Value 1991 CATERPILLAR 936E $26,000.00 SN#33ZO4819 Stock Number: Your Trade In Description Additional Options Hour Meter Reading 7471 PayOff $0.00 . 0i0 00 2007 JOHN DEERE 310SJ SN#' Machine Details Description Net Trade Value Confidential JOHN DEERE I I Trade In MACHINERY Quote Id: 26061737 Customer: MASON COUNTY DEPARTMENT OF PUBLIC W 2007 JOHN DEERE 310SJ $27,000.00 SN#' Stock Number: SJ144070 Your Trade In Description Additional Options Hour Meter Reading 4302 PayOff $0.00 0i0 00 Confidential MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Mike Collins, PLS, PE, Deputy Director/County Engineer DEPARTMENT: Public Works EXT: 450 BRIEFING DATE: February 28, 2022 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, lease provide only new information INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal ❑ Information Technology ❑ Other— please explain ITEM: Purchase of two Automated Flagger Assistant Devices EXECUTIVE SUMMARY: Currently, Public Works has four (4) automated flagger assistant devices. These devices are intended to direct and control traffic using only one person. In a typical flagging operation, flaggers are located at each end of the lane closure and use Stop/Slow paddles to direct traffic while positioned in the travel lane.These units are designed to be operated by a Traffic Control Person via remote control from a safe location. Public Works would like to purchase two (2) more automated flagger assistant devices off of State contract from Coral Sales Company. BUDGET IMPACTS: The purchase price for is $16,999.00/each (Total $33,998 plus sales tax) and would be covered in the current 2022 Road fund budget. RECOMMENDED OR REQUESTED ACTION: Recommend the Board authorize Public Works to purchase two Automated Flaggers through the Washington State contract for $33,998.00 plus sales tax. ATTACHMENTS: 1. Coral Sale Co. Sales Quote 2. Device Information Coral Sales Co. SALES QUOTE: QT-20961 Page: 1 Highway Safety Solutions PO Box 22385 Portland,OR 97269-2385 Main 503.655.6351 Toll Free 800.538.7245 Fax 503.657.9649 www.coralsales.com Bid No: Bid Date: 2/1/2022 Quote Project To: Mason County Details: Public Works Project#: Pete Medcalf 100 W Public Works Drive Shelton,WA 98584 Phone: 360 427 9670 X381 Salesperson: 1AMIE BERNSTEIN E-Mail: Jamie@coralsales.com Fax: 360-427-8445 Phone No: 503-344-1782 Customer ID: CUST-1207 FOB: Destination Terms: NET 30 Bid Item# Description Quantity Unit Unit Price Ext.Price 2021 RCF 2.4 Automated Flaggers-New Units 001 AFAD,RCF 2.4 Remote Control Flagman, 2.00 EA 16,999.00 $33,998.00 Includes:(1)Hand Held Remote 002 AFAD,RCF 2.4,Intrusion Alarm, 2.00 EA 003 AFAD,RCF 2.4,Handheld-Remote,1 watt XT,Black 1.00 EA -Freight Included Subtotal: $33,998.00 Shipping&Handling: $0.00 Total: $33,998.00 Sales tax is NOT included. Material Only-Installation is not included. Quote is for a acceptance within 30 days unless otherwise stated;applies only to project specified. No bond included. Please refer to Coral Sales Company standard terms and conditions for complete details. Accepted by: Date: NORTH AMERICA TRAFFIC TM THE LEADER IN TRAFFIC CONTROL SYSTEMS STOP HERE ON RED i > fang(4 \ l""• ��SG f�'ri_r ��:�5 .ry • 1 1 ATA lot Single-head with gate-arm design for your short-term flagging needs. The RCF2.4 Automated Flagger Assistance Device is designed to be operated by a Traffic Control Person via remote control, from a safe location. i yr r /IIe•w!•••\ �I�� NORTH AMERICA TRAFFIC��' STOP STOP INC ;t?N/ H.;,rq NEAE ON 1R•`a 111� �••••.Aw®00� I RED ••umv,♦ THE LEADER IN TRAFFIC CONTROL SYSTEMS RED i T;i 1 7 KEY FEATURES INCLUDE: BENEFITS: • 8 foot, highly visible, breakaway gate-arm - Provides "positive", visual vehicle control • Flagger stands at a safe location while - Flagger is safe during control of traffic controlling traffic - Operator training takes less than 5 minutes User friendly controller design • One flagger can control one or two units with a • Hand-held radio remote control clear line of sight • Lightweight design with small footprint • Quick set up time. Can be repositioned by hand • Each controller can be designated as a Primary as opposed to by truck Unit, or a Secondary Unit - Convenience and efficiency in assigning Two trailers can be locked together for towing inventory • Optional tandem tow package available* F—Tandem tow option �. STOP 1 HERE ON STOP RED FEAE Ov ' RED y [ii• �� NORTH AMERICATRAFFIC" ISO n 14. 9001.2015 1994.2019 7 Petersburg Circle,Port Colborne,ON L3K 5V5 orth www.NAmericaTraffic.comA