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HomeMy WebLinkAbout2022/03/01 - Regular Packet MASON COUNTY TO: Board of Mason County Commissioners Reviewed FROM: Ginger Kenyon Ext. 380 DEPARTMENT: Support Services Action Agenda DATE: March 1, 2022 No. 4.1 ITEM: Correspondence 4.1.1 Received a letter from Myrn Stewart regarding Mason County Fire Dist. 12 4.1.2 Washington State Liquor and Cannabis Board sent in the following; Liquor license application for Westside Pizza Belfair; Liquor & Marijuana licenses due to expire; Marijuana Processor license approval for WAC Farms; Special occasion liquor license for Summit Pacific Medical Foundation; Liquor license application for Spencer Lake Mini Mart; Change of location for Oly BOI. 4.1.3 Federal Energy Regulatory Commission sent in a notice of Project No. 460- 105 Cushman Project City of Tacoma. Attachments: Originals on file with the Clerk of the Board. Cc:CMMRS Neatherlin, Shutty, Trask Clerk To: Kevin Shutty Commissioner District 2 From: Myrn Stewart 360-951-4924 . PO Box 221 Matlock,WA 98560 0� s3 a �� f FL Re: Mason County Fire District 12 i1las`n Coui-liy CDi71(i�iSSiO.IeTS Date: 2/7/2022 I want to thank the commissioners for the assistance they have given us re: where to turn. As you know, we are waiting to hear final results of the SAO report. When I first spoke to you regarding the FD 12, I didn't know others in the community were upset with the way they had been functioning. There are a lot of us concerned about this situation, and hope it will be resolved soon. I first began requesting information on their public meetings last spring, and was told the public was not allowed to attend board meetings. I did know about the OPMA, and stated this to the FD commissioner. He continued to state the public couldn't attend. At that point, in April, I began requesting the WA State Ratings Bureau Report from 2019. I attempted to reach the fire chief, Kelli Walsworth, but she didn't return calls. To cut to the chase, I made trips to the fire station to catch Kelli several times, to understand she was sending the information, left notes on the door of the station, sent certified mail four times, and hand-delivered the request at the meeting in Nov. (to have it tossed aside by commissioner Wilder). I have received no public disclosure, nor a written statement why it has not been provided. The WSRB told me recently, that in their 2019 report, FD 12 was rated as an all volunteer fire district. The HR department of Mason County provided me with a document called: "Managing Volunteer Firefighters for FLSA Compliance"which stated a volunteer firefighter would be re-numerated at the rate of 20%of the pay for a full-time firefighter in a comparable district. This would include all benefits the firefighter received. FD 12 stated in the Dec. minutes which were posted on their new website, that due to LNI rules, they had to raise Kelli's pay another$10,000 for 2022. I heard about this a month ago and called LNI: they said this was not so. A meeting I attempted to attend in Oct., after talking to Central Mason, who informed me the meeting was the next evening, did not occur. No one showed up, nor was there any note at the station that the meeting had been canceled. Meetings in Nov., Dec., and Jan. have been held in no"regularly scheduled" manner. The meeting in Jan., 2022 was held via ZOOM, but neither I nor Mason Webb TV was able to be admitted. I waited for 45 minutes for the "host" to admit me. At this meeting, Brenda, Kelli's mother, and FD 12 secretary, accused me falsely of hanging up on her earlier in the day, when I page 2. called to confirm the time of the ZOOM meeting. I discovered Fri. the Municipal Research and Services Center(MSRC), called them, and reviewed information in their booklet, "Knowing the Territory", which discusses open government training, which I understand is provided by the State of WA, and is online, and is legally required of all elected officials withing 90 days of assuming office. Clearly, the FD 12 must know nothing about this, for them to continue to exhibit this arrogance against following RCWs. (I verified with Morgan, who now handles this function within the AG's office, today, and he stated this training is required of ALL elected officials, and can be done online, or through other methods as long as the officials are trained.) I called the Mason County Elections office Fri., evening, asking if they inform newly elected officials in the junior taxing districts of this requirement. They weren't sure. I suggested that if not, they might think of doing so at the time the elected official signs their"oath of office". Can't the Mason County Commissioners pass a rule so that all junior tax districts with elected officials are notified in some structured manner, so they are well aware of their responsibilities? I am writing to update you on my utter disgust with how this government body is functioning. I have been shocked to learn that there is apparently no authority the FD 12 has to report to, or that has any oversight—other than the SAO, but I am still not sure what the SAO tracks. It appears that the citizens of the FD are on the "hook" so to speak to fix this situation. And, I have to say—it appears a daunting task. Thank you for your interest in this matter. It is a blight on our community, and a terrible waste of our tax dollars. file i Cc:CMMRS Neea�therlin, Shutty,(1Trask Clerk MV4'J *^�^,y'I 0�.]�.F Washington State _ Liquor and Cannabis Board NOTICE OF LIQUOR LICENSE APPLICATION WASHINGTON STATE LIQUOR AND CANNABIS BOARD License Division - P.O. Box 43098 Olympia,WA 98504-3098 Customer Service: (360) 664-1600 Fax: (360) 753-2710 Website: http://Icb.wa.gov TO: MASON COUNTY COMMISSIONERS RETURN TO: localauthority@sp.lcb.wa.gov RE: NEW APPLICATION DATE: 2/10/22 U B I: 604-862-760-001-0001 APPLICANTS: License: 077762 -2N County: 23 Tradename:WESTSIDE PIZZA WSPWA LLC Address: 23730 NE STATE ROUTE 3 UNIT A CUMMINS, STEPHEN JAMES BELFAIR WA 98528-9814 1998-12-16 Phone No.: 360-303-8560 STEPHEN CUMMINS Y DIED Privileges Applied For: FEU 10 2622 BEER/WINE REST-BEER/WINE PJlason County Cc:l)t,sissioners As required by RCW 66.24.010(8), the Liquor and Cannabis Board is notifying you that the above has applied for a liquor license. You have 20 days from the date of this notice to give your input on this application. If we do not receive this notice back within 20 days,we will assume you have no objection to the issuance of the license. If you need additional time to respond,you must submit a written request for an extension of up to 20 days,with the reason(s)you need more time. If you need information on SSN,contact our CHRI desk at(360)664-1724. YES NO 1.Do you approve of applicant?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ 2.Do you approve of location? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ 3.If you disapprove and the Board contemplates issuing a license,do you wish to request an adjudicative hearing before final action is taken? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ (See WAC 314-09-010 for information about this process) 4.If you disapprove,per RCW 66.24.010(8)you MUST attach a letter to the Board detailing the reason(s)for the objection and a statement of all facts on which your objection(s)are based. DATE SIGNATURE OF MAYOR,CITY MANAGER COUNTY COMMISSIONERS OR DESIGNEE Clerk Washington State RECEIVE Liquor and Cannabis Board PO Box 43098 , Olympia WA 98504-3098, (360) 664-1600 www.liq.wa.gov Fax #: (360) 753-2710 FEB 10 2022 February 06, 2022 Mason County Dear Local Authority: COMMiSSloners RE: Liquor License Renewal Applications in Your Jurisdiction - Your Objection Opportunity Enclosed please find a list of liquor-licensed premises in your jurisdiction whose liquor licenses will expire in about 90 days. This is your opportunity to object to these license renewal requests as authorized by RCW 66.24.010 (8) . 1 ) Objection to License Renewal To object to a liquor license renewal: fax or mail a letter to the Washington State Liquor and Cannabis Board (WS-LCB) Licensing Division. This letter must: o Detail the reason(s) for your objection, including a statement of all the facts upon which your objection or objections are based. You may include attachments and supporting documents which contain or confirm the facts upon which your objections are based. o Please note that whether a hearing will be granted or not is within the Board's discretion per RCW 66.24.010 (8) (d) . Your letter or fax of objection must be received by the Board's Licensing Division at least 30 days prior to the license expiration date. If you need additional time you must request that in writing. Please be aware, however, that it is within the Board's discretion to grant or deny any requests for extension of time to submit objections. Your request for extension will be granted or denied in writing. If objections are not timely received, they will not be considered as part of the renewal process. A copy of your objection and any attachments and supporting materials will be made available to the licensee, therefore, it is the Local Authority's responsibility to redact any confidential or non-disclosable information (see RCW 42.56) prior to submission to the WSLCB. 2) Status of License While Objection Pending During the time an objection to a renewal is pending, the permanent liquor license is placed on hold. However, temporary licenses are regularly issued to the licensee until a final decision is made by the Board. 3) Procedure Following Licensing Division Receipt of Objection After we receive your objection, our licensing staff will prepare a report for review by the Licensing Director. The report will include your letter of objection, as well as any attachments and supporting documents you send. The Licensing Director will then decide to renew the liquor license, or to proceed with non-renewal. 4) Procedure if Board Does Not Renew License If the Board decides not to renew a license, we will notify the licensee in writing, stating the reason for this decision. The licensee also has the right to request a hearing to contest non-renewal of their liquor license. RCW 66.24.010 (8)(d) . If the licensee makes a timely request for a hearing, we will notify you. The Board's Licensing Division will be required to present evidence at the hearing before an administrative law judge to support the non-renewal recommendation. You may present evidence in support of your objection or objections. The administrative law judge will consider all of the evidence and issue an initial order for the Board's review. The Board members have final authority to renew the liquor license and will enter a final order announcing their decision. 5) Procedure if Board Renews License Over Your Objection If the Board decides to renew the license over your objection, you will be notified in writing. At that time, you may be given an opportunity to request a hearing. An opportunity for a hearing is offered at the Board's discretion. If a hearing is held, you will be responsible for presenting evidence before an Administrative Law Judge in support of your objection to license renewal. The Board's Licensing Division will present evidence in support of license renewal. The Licensee may also participate and present evidence if the licensee desires. The administrative law judge will consider all of the evidence, and issue an initial order for the Board's review. The Board members have final authority to renew the liquor license and will enter a final order announcing their decision. For questions about this process, contact the WSLCB Licensing Division at (360) 664-1600 or email us at wslcb@liq.wa.gov. Sincerely, Rebecca Smith Rebecca Smith, Director, Licensing and Regulation Division LIQ 864 07/10 C091080-2 WASHINGTON STATE LIQUOR AND CANNABIS BOARD DATE : 02/06/2022 LICENSED ESTABLISHMENTS IN UNINCORPORATED AREAS COUNTY OF MASON (BY ZIP CODE) FOR EXPIRATION DATE OF 20220531 LICENSE LICENSEE BUSINESS NAME AND ADDRESS NUMBER PRIVILEGES 1 JASON & J INVESTMENT CORP. BEN'S DELI MART 070381 GROCERY STORE - BEER/WINE 18437 E HWY 43 ALLYN WA 98524 0000 2 . SUGAR TAP HOLDINGS, INC. LENNARD K'S BOATHOUSE 350373 SPIRITS/BR/WN REST LOUNGE - 18340 HWY 3 E ALLYN WA 98524 0000 3 . SUNSHINE'S PRODUCE & PROPANE, SUNSHINE'S PRODUCE & PROPANE 422895 GROCERY STORE - BEER/WINE 23831 STATE RT 3 BELFAIR WA 98528 0000 4 . JESALVA IV, INC. EL PUERTO DE ANGELES MEXICAN RESTAURANT 088583 SPIRITS/BR/WN REST SERVICE BAR 24080 N US HWY 101 HOODSPORT WA 98548 0000 5 . HOOD CANAL GROCERY, INC. HOOD CANAL GROCERY 403894 SPIRITS RETAILER 24151 HWY 101 N SPIRITS RETAILER HOODSPORT WA 98548 0000 6 . ALERT AESTHETICS LLC WANAKA WINERY 427217 DOMESTIC WINERY < 250,000 LITERS 23501 N US HIGHWAY 101 SUITE A HOODSPORT WA 98548 9605 7 BORDEN, INCORPORATED AGATE STORE 355918 GROCERY STORE - BEER/WINE 3840 AGATE RD SHELTON WA 98584 0000 8 . ERIC'S C-STORES LLC BAYSHORE STORE 072149 GROCERY STORE - BEER/WINE 3841 E STATE RTE 3 SHELTON WA 98584 0000 C091080-2 WASHINGTON STATE LIQUOR AND CANNABIS BOARD DATE: 02/06/2022 LICENSED ESTABLISHMENTS IN UNINCORPORATED AREAS COUNTY OF MASON (BY ZIP CODE) FOR EXPIRATION DATE OF 20220531 LICENSE LICENSEE BUSINESS NAME AND ADDRESS NUMBER PRIVILEGES 9 . ANDERSON RESOURCES INCORPORATE WALTER DACON WINES 085344 DOMESTIC WINERY < 250,000 LITERS SE 50 SKOOKUM INLET RD SHELTON WA 98584 8610 10 . FREITAS, NEIL PATRICK OLYMPIC BAKERY 082346 BEER/WINE REST - WINE 591 E PICKERING RD SHELTON WA 98584 9587 OFF PREMISES 11 ANAYA-SAHAGUN 1, INC 2 MARGARITAS 355896 SPIRITS/BR/WN REST LOUNGE + 5121 E STATE RT 106 UNION WA 98592 9747 Clerk Washington State Liquor and Cannabis Board _ Yi IsLaw P 0 BOX 43098 www.liq.wa.gov Fax #: (360) 753-2710 FEB 1 i 2611 February 06, 2022 Mason Coui-Ify Commissionr:rs Dear Local Authority: RE: Marijuana License Renewal Applications in Your Jurisdiction - Your Objection Opportunity Enclosed please find a list of marijuana licensed premises in your jurisdiction whose marijuana licenses will expire in abount 90 days. This is your opportunity to object to these license renewal requests as authorized by RCW 69.50.331 (7) . 1 ) Objection to License Renewal To object to a marijuana license rnewal: This letter must: fax or mail a letter to the Washington State Liquor and Cannabis Board (WS-LCB) Licensing Division. o Detail the reason(s) for your objection, including a statement of all the facts upon which your objection or objections are based. o You may include attachments and supporting documents which contain or confirm the facts upon which your objections are based. o Please note that whether a hearing will be granted or not is within the Board's discretion per RCW 69.50.331 (7)(c) . Your letter of objection must be received by the Board's Licensing Division at least 30 days prior to the license expiration date (WAC 314-55-165) . If you need additional time you must request that in writing. Please be aware, however, that it is within the Board's discretion to grant or deny any requests for extension of time to submiti objections. Your request for extension will be granted or denied in writing. If the objection is received within thirty days of the expiration date or the licensee has already renewed the license, the objection will be considered as a complaint and possible license revocation may be pursued by the enforcement division. A copy of your objection and any attachments and supporting materials will be made available to the licensee, therefore, it is the Local Authority's responsibility to redact any confidential or non-disclosable information (see RCW 42.56) prior to submission to the WSLCB. 2) Status of License While Objection Pending During the time an objection to a renewal is pending, the permanent marijuana license is placed on hold. 3) Procedure Following Licensing Division Receipt of Objection After we receive your objection, our licensing staff will prepare a report for review by the Licensing Director. The report will include your letter of objection, as well as any attachments and supporting documents you send. The Licensing Director will then decide to renew the marijuana license, or to proceed with non-renewal. 4) Procedure if Board Does Not Renew License (WAC 314-55-165 (2) (b) ) If the Board decides not to renew a license, we will notify the licensee in writing, stating the reason for this decision. The licensee also has the right to request a hearing to contest non-renewal of their marijuana license. If the licensee makes timely request for a hearing, we will notify you. The Board's Licensing Division will be required to present evidence at the at the hearing before an administrative law judge to support the non-renewal recommendation. You may present evidence in support of your objection or objections. The administrative law judge will consider all of the evidence and issue an initial order 9nno0hei®gatd61rrdoalsio6be Board members have final authority to renew the marijuana license and will enter a final 5) Procedure if Board Renews License Over Your Objection (WAC 314-55-165 (2) (a) ) If the Board decides to renew the license over your objection, you will be notified in writing. At that time, you may be given an opportunity to request a hearing. An opportunity for a hearing is offered at the Board' s discretion. If a hearing is held, you will be responsible for presenting evidence before an Administrative Law Judge in support of your objection to license renewal. The Board's Licensing Division will present evidence in support of license renewal. The Licensee may also participate and present evidence if the licensee desires. The administrative law judge will consider all of the evidence, and issue an initial order for the Board's review. The Board members have final authority to renew the marijuana license and will enter a final order announcing their decision. For questions about this process, contact the WSLCB Licensing Division at (360) 664-1600 or email us at wslcb@liq.wa.gov. Sincerely, Rebecca Smith Rebecca Smith, Director, Licensing and Regulation Division LIQ 864 07/10 C092080-2 WASHINGTON STATE LIQUOR AND CANNABIS BOARD DATE : 02/06/2022 LICENSED ESTABLISHMENTS IN UNINCORPORATED AREAS COUNTY OF MASON (BY ZIP CODE) FOR EXPIRATION DATE OF 20220731 LICENSE LICENSEE BUSINESS NAME AND ADDRESS NUMBER PRIVILEGES 1 47EB LLC 47EB LLC 416726 MARIJUANA PRODUCER TIER 1 14249 W CLOQUALLUM RD MARIJUANA PROCESSOR ELMA WA 98541 9659 Cc:CMMRS Neatherlin, Shutty, Trask Clerk bqtie 1 41 e/,kG, k ff j LtAkf- �'`�T' Washington State Licensing and Regulation i PO Box 43098 ,,,,w•�'°� Liquor and Cannabis Board Olympia WA 98504-3098 Phone—(360) 664-1600 Fax—(360) 753-2710 February 10, 2022 RECIE Y LD WAC FARMS, LLC 31014 MILITARY RD S FEB 10 2622 AUBURNWA 98001-3218 Mason County Commissioners Re: WAC FARMS 11 NE TRUDEAU MOUNTAIN RD BELFAIR WA 98528-8795 LICENSE No.: 432661-7A UBI: 604-466-598-001-0001 Your license has been approved for the following: MARIJUANA PRODUCER TIER 2 MARIJUANA PROCESSOR This license is valid through August 31, 2022. You must post this letter in a public service area as your temporary operating permit. If you do not receive your Business License with marijuana endorsement(s) within 15 days, please contact Department of Revenue's Business Licensing Service/Specialty Licenses at (360) 705-6744. The license allows you to produce a maximum of 10,000 square feet of cannabis for sale at wholesale to cannabis processor licensees and to other cannabis producer licensees. This license also allows you to process, package, and label usable cannabis and cannabis- infused products for sale at wholesale to cannabis retailers. The licensee must ensure required information is entered into the traceability system and kept completely up-to-date as stated in WAC 314-55-083(4). Persons under 21 years of age are not permitted on the premises. A sign reading "Persons under twenty-one years of age not permitted on these premises" must be posted in a conspicuous location at each entry to the premises (WAC 314-55-086). Changes in ownership, alterations to your operating and/or floor plan, and business relocation require prior Board approval. If you wish to make such changes, please contact our office for assistance. Page 2 In accordance with WAC 314-55-020(16) the issuance of a license by the WSLCB shall not be construed as a license for, or an approval of, any violations of local rules or ordinances including, but not limited to: Building and fire codes, zoning ordinances, and business licensing requirements. Your marijuana license can be renewed through the Department of Revenue Business Licensing Service. Information on how to do this will be included on your renewal notice. Your access to the Cannabis Central Reporting System (CCRS) will begin the first business day after you receive this letter. Please visit https://Icb.wa.gov/ccrs/resources for guides on getting started and using CCRS. If you have questions about reporting or the CCRS system, please send them to CCRS@Icb.wa.gov. Ee4& 5&6tt4 /BAM Marijuana Licensing Specialist 360-664-1780 cc: Enforcement Office Mason County Commissioners File Marijuana 9/4/14 QWashington State Liquor and Cannabis Board TO: Cannabis Producer, Processor, and Retail Licensees RE: Washington State Liquor Control Board Notice to Licensees on Firearms This notice is meant to help clarify federal laws about possession of firearms on licensed premises and while transporting cannabis. Federal Law on Firearms Federal law prohibits users of controlled substances from possessing firearms. 18 U.S.C. § 922(g)(3). Cannabis remains a controlled substance under federal law. 18 U.S.C. § 812. Federal regulations provide that current use of controlled substances may be inferred from evidence of recent use, possession, or a pattern of use or possession. 27 C.F.R. §478.11. Furthermore, the federal Bureau of Alcohol, Tobacco, Firearms and Explosives, an agency of the U.S. Department of Justice, stated in an Open Letter September 21, 2011 that any person in possession of cannabis is prohibited by federal law from possessing firearms or ammunition. In addition, it is illegal under federal law to carry or use a firearm in furtherance of a federal drug trafficking crime, which includes selling cannabis. 18 U.S.C. § 924(c). CAUTION: Federal law prohibits the possession of firearms by any person on premises where cannabis is present or being transported. Persons who are prohibited by federal law from possessing a firearm may be prosecuted in federal court. A state license is not a defense to a federal prosecution under federal firearms laws or the federal Controlled Substances Act, 21 U.S.C. Chapter 13. Disclaimer This notice regarding federal laws is not intended to provide legal advice nor does it provide a legal defense to a violation of any federal laws or rules. Licensees are advised to consult an attorney if they have questions or concerns regarding federal laws. PO Box 43075, 1025 Union Ave, SE, Olympia WA 98501, (360) 664-1600, www.liq.wa.gov Cc:CMMRS Neatherlin, Shutty, Trask Clerk'00r4 , Cq"l 1 '44 eY,Pn,�,e�co►, WASHINGTON STATE LIQUOR AND CANNABIS BOARD - LICENSE SERVICES 1025 UNION AVE SE - P O Box 43075 Olympia WA 98504-3075 specialoccasions@lcb.wa.gov Fax: 360-753-2710 TO: MASON COUNTY COMMISSIONERS FEBRUARY 18, 2022 i ■E N E D SPECIAL OCCASION #: 092017 FEB 18 2022 SUMMIT PACIFIC MEDICAL FOUNDATION 600 E MAIN ST Mason County ELMA, WA 98541 Commissioners DATE: MAY 6, 2022 TIME: 8:30 AM TO 12:00 AM PLACE: SALISH CLIFFS GOLF CLUB - 91 WA-18, SHELTON CONTACT: SHANNON BREAR (DOB: 10.30.1967) 360-346-2350 SPECIAL OCCASION LICENSES * _Licenses to sell beer on a specified date for consumption at a specific place. * _License to sell wine on a specific date for consumption at a specific place. * _Beer/Wine/Spirits in unopened bottle or package in limited quantity for off premise consumption. * _Spirituous liquor by the individual glass for consumption at a specific place. If return of this notice is not received in this office within 20 days from the above date, we will assume you have no objections to the issuance of the license. If additional time is required please advise. 1. Do you approve of applicant? YES NO 2. Do you approve of location? YES NO 3. If you disapprove and the Board contemplates issuing a license, do you want a hearing before final action is taken? YES NO OPTIONAL CHECK LIST EXPLANATION YES NO LAW ENFORCEMENT YES NO HEALTH & SANITATION YES NO FIRE, BUILDING, ZONING YES NO OTHER: YES NO If you have indicated disapproval of the applicant, location or both, please submit a statement of all facts upon which such objections are based. DATE SIGNATURE OF MAYOR, CITY MANAGER, COUNTY COMMISSIONERS OR DESIGNEE Cc:CMMRS Neatherlin, Shutty, Trask Clerk OaVe I A4ty/ #49vk , S]vvi{-( 12(a s Washington State Liquor and Cannabis Board NOTICE OF LIQUOR LICENSE APPLICATION WASHINGTON STATE LIQUOR AND CANNABIS BOARD License Division - P.O. Box 43098 Olympia,WA 98504-3098 Customer Service: (360) 664-1600 Fax: (360) 753-2710 Website: http://Icb.wa.gov TO: MASON COUNTY COMMISSIONERS RETURN TO: localauthority@sp.lcb.wa.gov RE: NEW APPLICATION DATE: 2/22/22 U B I: 604-699-286-001-0001 APPLICANTS: License: 365770 -2N County:23 Tradename: SPENCER LAKE MINI MART VICTORY STAR LLC Address: 1081 E PICKERING RD HAN,TAE SHELTON WA 98584-8187 1995-01-09 Phone No.: 253-736-4540 JAY WON ,v L Privileges Applied For: DIRECT SHIPMENT RECEIVER-IN WA ONLY GROCERY STORE-BEER/WINE As required by RCW 66.24.010(8), the Liquor and Cannabis Board is notifying you that the above has applied for a liquor license. You have 20 days from the date of this notice to give your input on this application. If we do not receive this notice back within 20 days,we will assume you have no objection to the issuance of the license. If you need additional time to respond,you must submit a written request for an extension of up to 20 days,with the reason(s)you need more time. If you need information on SSN,contact our CHRI desk at(360)664-1724. YES NO 1.Do you approve of applicant?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ 2.Do you approve of location? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ 3.If you disapprove and the Board contemplates issuing a license,do you wish to request an adjudicative hearing before fmal action is taken? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ (See WAC 314-09-010 for information about this process) 4.If you disapprove,per RCW 66.24.010(8)you MUST attach a letter to the Board detailing the reason(s)for the objection and a statement of all facts on which your objection(s)are based. DATE SIGNATURE OF MAYOR,CITY MANAGER COUNTY COMMISSIONERS OR DESIGNEE Cc:CMMRS Neatherlin, Shutty, Trask Clerk Jalve) halt xiQrK / keil ,r`�. Washington Slate ":_: Liquor and Cannabis Board NOTICE OF MARIJUANA LICENSE APPLICATION WASHINGTON STATE LIQUOR AND CANNABIS BOARD License Division - P.O. Box 43098 Olympia,WA 98504-3098 Customer Service: (360) 664-1600 Fax: (360) 753-2710 Website: http://Icb.wa.gov RETURN TO: localauthority@sp.lcb.wa.gov TO: MASON COUNTY COMMISSIONERS DATE: 2/22/22 RE: CHANGE OF LOCATION APPLICATION from OLY BOI 160 W WESTFIELD CT STE Al SHELTON,WA 98584-4604 APPLICANTS: License: 430625 -7A County:23 OLY BOI, INC UBI:604-454-177-001-0004 TANZER, JONATHON Tradename:OLY BOI 1988-02-28 New Loc: 160 W WESTFIELD CT STE A2 TANZER, KATHRYN ROSE SHELTON,WA 98584-4604 (Spouse) 1989-05-03 Mail: 4844 65TH AVE NE OLYMPIA,WA 98516-9159 Phone No.: 509-999-4557 JOHATHON QUINN TAN Privileges Applied For: ZER MARIJUANA PROCESSOR C _ As required by RCW 69.50.331(7) the Liquor and Cannabis Board is notifying you that the above has applied for a marijuana license. You have 20 days from the date of this notice to give your input on this application. If we do not receive this notice back within 20 days,we will assume you have no objection to the issuance of the license. If you need additional time to respond,you must submit a written request for an extension of up to 20 days,with the reason(s)you need more time. If you need information on SSN,contact our Marijuana CHRI desk at(360)664-1704. YES NO 1.Do you approve of applicant?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ 2.Do you approve of location? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ 3.If you disapprove and the Board contemplates issuing a license,do you wish to request an adjudicative hearing before final action is taken? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ (See WAC 314-55-160 for information about this process) 4.If you disapprove,per RCW 69.50.331(7)(c)you MUST attach a letter to the Board detailing the reason(s)for the objection and a statement of all facts on which your objection(s)are based. DATE SIGNATURE OF MAYOR,CITY MANAGER COUNTY COMMISSIONERS OR DESIGNEE Cc.CMMRS Neatherlin, Shutty, Trask Clerk FEDERAL ENERGY REGULATORY COMMISSION Washington,D.C.20426 OFFICE OF ENERGY PROJECTS Project No. 460-105 — Washington Cushman Project City of Tacoma February 1, 2022 RE V VIA Electronic Mail FEB i it DTAI Chris Mattson Mason County cmattson(&ci.tacoma.wa.us Commissioners Subject: Impoundment Elevations Deviation Pursuant to Article 405 Dear Chris Mattson: This letter is in response to your planned impoundment elevation deviation letter filed on December 16, 2021, pursuant to Article 405 of the 2010 Order on Remand and on Offer of Settlement, Amending License, Authorizing New Powerhouse, and Lifting Stay at the Cushman Project No. 460.1 As discussed in more detail below, we will not consider the deviation to be a violation of the project license. License Requirements Article 405 of the amended license requires, in part, Lake Kokanee always maintain a minimum impoundment elevation between 474 feet Tacoma Datum and 480 feet Tacoma Datum, except when different elevations are required for maintenance of the intake or spillway. These minimum impoundment surface elevations may be temporarily modified if required by operating emergencies beyond the control of the licensee, or upon approval of the Fisheries and Habitat Committee (FHC). If the impoundment water surface elevation is so modified,you must notify the members of FHC as soon as possible, but no later than 2 business days after each such incident. You must notify the Commission as soon as possible, but no later than 10 days after each such incident. 3 I City of Tacoma, Washington, 132 FERC¶ 61,037 (2010). Project No. 460-105 - 2 - Deviation Incident In your December 16, 2021 letter, you described a planned drawdown of Lake Kokanee on December 6, 2021 to inspect the drum gates at Cushman #2. The lowest drawdown elevation was approximately 452 feet between December 7, 2021 and f December 8, 2021. On December 8, 2021 you completed the drum gate inspection and raised the reservoir elevation. The reservoir returned to normal operating range above 474 feet by December 9, 2021. You state that you coordinated with FHC before the planned drawdown via meetings and e-mail. You also state you closed the Lake Kokanee boat launch and informed the public of the drawdown ahead of time via signs, the internet, social media, and e-mails. Conclusion Based on our review of the available information, the deviation resulted from a planned inspection. You notified FHC of the planned activities prior to the deviation. You notified the public of the drawdown in advance. We will not consider the deviation that began on December 6, 2021 to be a violation of Article 405 of your license. Thank you for your continued cooperation. If you have any questions regarding this letter, please contact Margie Noonan via email at margaret.noonan(a,ferc.gov or by telephone at (202) 502-8971. Sincerely, '�Y� Kelly Houff Chief, Engineering Resources Branch Division of Hydropower Administration and Compliance NEWS RELEASE March 1, 2022 MASON COUNTY COMMISSIONERS 411 NORTH 5T" ST SHELTON, WA 98584 (360) 427-9670 EXT. 380 TO: KMAS, KRXY, SHELTON-MASON COUNTY JOURNAL, THE OLYMPIAN, SHELTON CHAMBER OF COMMERCE, NORTH MASON CHAMBER OF COMMERCE, CITY OF SHELTON, ECONOMIC DEVELOPMENT COUNCIL, THE SUN RE: Mason County Board of Equalization Membership The Board of Mason County Commissioners is seeking applicants to fill a regular member position and two alternate member positions on the Mason County Board of Equalization. The three-year terms end on May 31. Applicants must reside in Mason County. The Board of Equalization is a three-member board appointed by the Mason County Commissioners. Two alternate members may also be selected. The Board's responsibility is to ensure that all property valuations are at 100% of market value, so equitable tax assessment can be established. Taxpayers may appeal their assessments, including assessments of real and personal property, forest land, timber, and open space. The Board also considers denial of senior citizen property tax exemptions. Taxpayers can file a petition with the Board of Equalization and a hearing will be scheduled to present their appeal of their assessment for timely filed and completed petitions. Depending on the number of appeals heard each year, the Board may meet up to three days a week, throughout the year. Board members are paid a per diem, currently $100 per day, when in session. As required by RCW 84.48.042, the successful applicant must attend training, provided by the Washington State Department of Revenue, within one year following appointment or reappointment. Interested citizens may obtain an application at the Mason County Commissioners' Office, 411 North 51h Street, Shelton, or by calling Shelton 360-427-9670, ext. 380; Belfair 360-275-4467, ext. 380; or visit the Mason County website at www.masoncountywa.gov. The positions are open until filled with the first review March 15, 2022. BOARD OF MASON COUNTY COMMISSIONERS Kevin Shutty Sharon Trask Randy Neatherlin Chair Vice-Chair Commissioner NEWS RELEASE March 1, 2022 MASON COUNTY COMMISSIONERS 411 NORTH 5T" ST SHELTON, WA 98584 (360) 427-9670 EXT. 419 TO: KMAS, KRXY, SHELTON-MASON COUNTY JOURNAL, THE OLYMPIAN, SHELTON CHAMBER OF COMMERCE, NORTH MASON CHAMBER OF COMMERCE, CITY OF SHELTON, ECONOMIC DEVELOPMENT COUNCIL, THE SUN RE: Mason County Solid Waste Advisory Committee Openings Mason County is seeking individuals to serve on the Mason County Solid Waste Advisory Committee (SWAC). The committee reviews and makes recommendations to the Commissioners regarding solid waste and special waste management in Mason County, including disposal rates, disposal options, waste reduction, recycling, household hazardous waste, and composting programs. The Committee consists of at least nine members and represent a balance of interests including, but not limited to citizens, public interest groups, business, the solid waste industry and local elected public officials. Committee members are appointed for a 3- year term. Participation is voluntary and members meet once a month. For more information about the SWAC, please contact Richard Dickinson at 427-9670, ext. 652. For an application, please contact the Mason County Commissioners office at 427-9670, ext. 419 or visit our website at www.masoncountywa.gov. Applications will be accepted until the positions are filled. BOARD OF MASON COUNTY COMMISSIONERS Kevin Shutty Sharon Trask Randy Neatherlin Chair Vice Chair Commissioner NEWS RELEASE March 1, 2022 MASON COUNTY COMMISSIONERS 411 NORTH 5T" ST SHELTON, WA 98584 (360) 427-9670 EXT. 419 TO: KMAS, KRXY, MASON COUNTY JOURNAL, SHELTON CHAMBER OF COMMERCE, NORTH MASON CHAMBER OF COMMERCE, CITY OF SHELTON, ECONOMIC DEVELOPMENT COUNCIL RE: Transportation Improvement Program Citizens Advisory Panel Mason County is seeking citizen volunteers to serve on the Transportation Improvement Program Citizens Advisory Panel (TIP-CAP). The TIP-CAP will review and analyze Mason County's transportation needs and present their proposed transportation improvement plan to the Board of Mason County Commissioners. The time commitment would include a 2 or 3-year membership period and attendance to one evening meeting every month, each lasting approximately two hours. The Board of Mason County Commissioners will use the transportation improvement plan developed by the TIP-CAP to plan road construction and other transportation projects for the next six years. Mason County invites all interested citizens to apply. The intent is to form a team that represents a wide cross-section of Mason County's population. Interested persons may apply by obtaining an application from the Mason County Commissioner's office, 411 North 5th Street, Shelton or by calling (360) 427-9670, ext. 419 or from the County website www.masoncountywa.gov. Applications will be accepted until all vacancies are filled. BOARD OF MASON COUNTY COMMISSIONERS Kevin Shutty Sharon Trask Randy Neatherlin Chair Commissioner Commissioner MASON COUNTY AGENDA ITEM SUMMARY FORM To: Board of Mason County Commissioners From: Ginger Kenyon Action Agenda: _x_ Public Hearing: Other: Department: Support Services Ext: 380 Date: March 1, 2022 Agenda Item # Commissioner staff to complete) Briefing Date: Briefing Presented By: [ x ] Item was not previously briefed with the Board Please provide an explanation of urgency Item: Approval of Warrants & Electronic Remittances Claims Clearing Fund Warrant# 8086249-8086541 $ 1,716,921.23 Direct Deposit Fund Warrant# 84488-84880 $ 787,005.73 Salary Clearing Fund Warrant# 7006441-7006475 $ 1,047,694.44 Treasurer Electronic Remittance $ Background: The Board approved Resolution No. 80-00 Payment of Claims Against County: Procedure Authorizing Warrant Issue and Release Prior to Board Claim Approval. Mason County Code 3.32.060(a) requires that the board enter into the minutes of the County Commissioners the approval of claims listing warrant numbers. Claims Clearing YTD Total $ 6,594,131.09 Direct Deposit YTD Total $ 2,394,384.58 Salary Clearing YTD Total $ 2,662,274.45 Approval of Treasure Electronic Remittances YTD Total $ 4,501,555.17 Recommended Action: Approval to: Move to approve the following warrants Claims Clearing Fund Warrant# 8086249-8086541 $ 1,716,921.23 Direct Deposit Fund Warrant# 84488-84880 $ 787,005.73 Salary Clearing Fund Warrant# 7006441-70064175 $ 1,047,694.44 Treasure Electronic Remittance $ Attachment(s): Originals on file with Auditor/Financial Services (copies on file with the Clerk of Board) MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: David Windom Action Agenda x Public Hearing Other DEPARTMENT: MCCS EXT: DATE: 23/1/2022 Agenda Item # (Commissioner staff to com lete BRIEFING DATE: 02/14/2022 BRIEFING PRESENTED BY: David Windom [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Scrivenor's error on interlocal agreement for fire investigation between Mason County and Mason County Fire Chiefs EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions: Correcting two errors on contract as passed. Contract ending date should read December 31, 2023 and the address should read 615 W. Alder St. Shelton WA BUDGET IMPACT: None PUBLIC OUTREACH:(Include any legal requirements, direct notice, website,community meetings, etc.) Briefing and action agenda RECOMMENDED OR REQUESTED ACTION: Approve corrections. ATTACHMENTS: Agreement Return recorded document to: Mason County Community Development 615 W Alder,Shelton,WA 98584 INTERLOCAL AGREEMENT FOR FIRE INVESTIGATION SERVICES BETWEEN MASON COUNTY AND MASON COUNTY FIRE CHIEFS' ASSOCIATION 1. Parties. THIS AGREEMENT is entered into by Mason County ("County") and Mason County Fire Chiefs' Association ("Association") under the authority of the Interlocal Cooperation Act, RCW Chapter 39.34. 2. Recitals. Whereas, the County and the Association have determined that it is in the best interest of the County and its citizens to work together in establishing an agreement to provide fire investigation services by the Association for the County. 3. Authority. RCW Chapter 39.34 permits local governmental units to make official use of their powers enabling them to cooperate with other localities on the basis of mutual advantage. 4. Duration. This agreement shall be in effect upon signature endorsement and shall terminate no later than December 31, 2023, unless mutually agreed upon by both parties to extend this agreement. 5. Compensation. The County shall pay the Association for services in the maximum amount of $82,000.00 per year ($164,000 total for Contract), as identified on Exhibit A without prior written approval of the County. Fees for Services will be based on hours and expenses as shown on Exhibit A. 6. Payment. Within 30 days for receipt of a bill from the Association, the County will reimburse the Association for actual costs incurred. 7. Purpose. To establish a joint agreement for providing fire investigation services within the boundaries of Mason County. 8. Scope of Work. 8.1 Investigation of origin, cause, circumstances, and extent of loss from fire whether of civil or criminal nature. 8.2 To ensure cooperation among the local fire districts, the state fire marshal, and all State and County law enforcement and regulatory personnel. 9. Criteria for Investigation. One or more of the following must be present to require the services of a fire investigator: 9.1 Loss of life or serious injury (civilian or fire personnel). 9.2 Serial arson activity. 9.3 Suspicious or negligent activity, odor of flammable liquids, multiple fire locations, or evidence of forcible. 9.4 All structure fires that appear to exceed the threshold of $10,000 as determined by the Incident Commander (IC) or Commanding Officer (CO) of the local fire district. 9.5 Request for immediate response shall be handled via page by the dispatch center upon request by the IC or CO. 10. Hold Harmless. Each party shall hold harmless and indemnify the other party, its officers, officials, employees, and agents, from and against any and all claims, actions, suits, liability, loss, expenses, damages, and judgments of any nature whatsoever, including costs and MCFCA ILA 2022-2023 attorney's fees in defense thereof, for injury, sickness, disability, or death to persons or damage to property or business, caused by or arising out of the negligence of each party's employees, agents, and volunteers. Provided, however, the Association's obligation hereunder shall not extend to injury, sickness, death, or damage caused by or arising out of the sole negligence of the County, its officers, officials, employees, or agents. In the event of concurrent negligence of the parties, the Association's obligations hereunder shall apply only to the percentage of fault attributable to their employees, agents, and volunteers. Provided further, however, the County's obligation hereunder shall not extend to injury, sickness, death, or damage caused by or arising out of the sole negligence of the Association, its officers, officials, employees, or agents. In the event of concurrent negligence of the parties, the County's obligations hereunder shall apply only to the percentage of fault attributable to their employees, agents, and volunteers. 11. Administration. No separate legal or administrative entity is created by this Agreement. The Mason County Fire Chiefs Association and the Mason County Department of Community Development shall jointly administer the Agreement. 12. Termination. The parties may terminate this Agreement as follows: 12.1 For Cause. Either party may terminate this Agreement for a material breach thereof by the other party. Fifteen days (15) written notice to the other party is required stating the intent to terminate for cause. The breaching party will be given the opportunity to cure its breach and if completed during the fifteen-day(15) period the Agreement shall not terminate. 12.2 For Convenience. Either party may terminate this Agreement without cause at any time providing a fifteen-day (15) written notice of such termination is submitted in advance. 13. Insurance. Each party shall independently acquire and maintain sufficient insurance coverage for all its respective operations, facilities, equipment, and personnel. 14. Notices. Any notices to be given under this Agreement shall be delivered in person or mailed to the parties at the following addresses: 14.1 County. Mason County Community Development 615 W Alder St Shelton, WA 98584 14.2 Association. Mason County Fire Chiefs' Association PO Box 1822 Shelton, WA 98584 15. Severability. If any provision of this agreement or its application is held invalid, then the remainder of the agreement or the application of the remainder of the agreement shall not be affected and shall remain in full force. 16. Waiver. No waiver of any provision of this agreement shall be valid unless it is in writing and signed by the person or party whom charged. 17. Third Party Rights. This Agreement shall not create any third-party rights by any party that has not signed this Agreement. MCFCA ILA 2022-2023 18. Modification. This Agreement represents the entire agreement by both parties and shall not be modified, terminated, or waived by either party without authorized written approval by representatives of both parties. 19. Benefits. This Agreement is entered into for the benefit of both parties to provide fire investigation services for all of Mason County during the duration of this agreement. Dated this day of . 2022. ATTEST: BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WA McKenzie Smith, Clerk of the Board Randy Neatherlin, Commissioner APPROVED AS TO FORM: Kevin Shutty, Chair im Whitehead, Deputy Prosecutor Sharon Trask, Vice-Chair MASON COUNTY FIRE CHEIFS' ASSOCIATION Beau Bakken, President Brandon Searles, Vice-President Bob Burbridge, Secretary Nadine Brown, Treasurer MCFCA ILA 2022-2023 EXHIBIT A Fire Investigation 2022/2023 Budget Tier I Training: $500/year Tier I Training: 8-hour protecting evidence for fire cause and determination. Tier II Training: $4,000/year Tier II Training: 40-hour basic investigation, vehicle fire investigation, courtroom testimony. Tier III Training: $9,000/year 1. Annual conference for Tier III investigators; certified fire investigator. Advanced or refresher training. 2. Succession training, Tier II continued education for Tier III Certification. General education, scene examination, documentation, evidence collection, interview techniques, post-incident investigation and presentation. (NFPA 1033 and NFPA 921) Tier III Stand-By Pay: $8,500/year $50 per day for 170 days (Fri, Sat, Sun, Holidays) of on call stand-by pay. Supplies/Uniforms: $4,000/year Supplies for the actual investigations and uniforms/PPE for Tier III investigators. Tier II Kits: $2,000/year Small tools, equipment, PPE for Tier II investigators. Tier III Kits: $4,000/year Initial equipment for new CFI's and replacement equipment as needed. Investigator Labor: Tier III —Certified Investigator $125/hour Tier II — Investigator-in-Training $65/hour $125/hour project 50 fire investigations $38,000/year $65/hour project 20 fire investigations $12,000/year Projected labor total to investigate 70 fires $50,000/year Total Annual Budget $82,000/year Total 2022/2023 Budget $164,000/year MCFCA ILA 2022-2023 MASON COUNTY AGENDA ITEM SUMMARY FORM o: Board of Mason County Commissioners From: Marissa Watson, Senior Planner Action Agenda Q Public Hearing ❑ Other ❑ Department: Community Development- Planning Ext: 367 Date: March 1, 2022 Agenda Item # (Commissioner Staff To Complete) Briefing Date: February 28, 2022 Briefing Presented By: Marissa Watson [ ] Item Was Not Previously Briefed With The Board Please Provide Explanation Of Urgency ITEM: Request for Proposals (RFP)for Consultant Services: SMP Competitive Grant— Shoreline Development Website & User Guide BACKGROUND: 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. RECOMMENDED ACTION: Board of County Commissioners shall approve the Draft RFP for distribution at the March 1, 2022 meeting. ATTACHMENT(S): Final RFP 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) MASON COUNTY AGENDA ITEM SUMMARY FORM To: Board of Mason County Commissioners From: Kate Campbell for Mark Neary Action Agenda: X Public Hearing: Other: Department: Support Services Ext: Date: March 1, 2022 Agenda Item # Commissioner staff to complete) Briefing Date: May 3, 2021 Briefing Presented By: Diane Zoren [ ] Item was not previously briefed with the Board Please provide an explanation of urgency Item Board approved the signing of contract with GovQA for Public Records Software on May 25, 2021. Requesting use of ARPA funds. Background: With receiving a high number of both single- and multi- departmental records request, using software to help manage and track the requests would be greatly beneficial for the County and could also potentially mitigate litigations. Utilizing this software will help save time, money, ensure compliance, allow for quicker response times, streamline the request process, and potentially reduce the number of public records requests. GovQA also offers JLARC reporting. Budget Impact(s): Recommended Action: Approval of ARPA funds use. Attachment(s): GovQA Masters Services Agreement MASON COUNTY AGENDA ITEM SUMMARY FORM To: Board of Mason County Commissioners From: McKenzie Smith Action Agenda: X Public Hearing: Other Department: Support Services Ext: 589 Commission Meeting Date: May 25, 2021 Agenda Item #,9.lQ (Commissioner staff to complete) Briefing Date: May 3, 2021 Briefing Presented By: Diane Zoren [ ] Item was not previously briefed by the board Please provide explanation of urgency Item: Approval to sign the contract with GovQA for public records software. Background: With receiving a high number of both single- and multi-departmental records requests, using software to help manage and track the requests would be greatly beneficial for the County and could also potentially mitigate litigations. Utilizing this software will help save time, money, ensure compliance, allow for quicker response times, streamline the request process, and potentially reduce the number of public records requests. GovQA also offers JLARC reporting. Three Public Records software vendors were taken into consideration: GovQA, NextRequest, and JustFOIA. GovQA offers the most benefits, is cost effective, and is currently used by the Sheriff's Department. The prorated cost for this year would be $6,124.95 with a one-time hosting migration fee of$2,171 for a total of$8,295.95. The annual cost would be $10,500. Recommended Action: Approval to sign the contract with GovQA for public records software. Attachment(s): Contract © f6c-R ' v� 17 P � i' gnrnary S�l Zl2�-1 �� GOVQA MASTER SERVICE(S) AGREEMENT For GovQA Exchange Platform THIS MASTER SERVICE(S)AGREEMENT(the"Agreement')between GovQA, NO LIABILITY FOR ANY CONSEQUENTIAL DAMAGES OF ANY KIND LLC(hereafter"GovQA")with its principal place of business at 900 S.Frontage INCLUDING,BUT NOT LIMITED TO,DATA LOSS AND BUSINESS Road,Suite 110 Woodridge,IL 60517 and the Mason County,Washington, INTERRUPTION,AND THE PARTIES AGREE THAT THE ONLY REMEDIES with its principal place of business at Shelton("Customer')is made effective as of THAT SHALL BE AVAILABLE TO CUSTOMER UNDER THIS AGREEMENT 6/1/2021. SHALL BE THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT. GOVQA'S LIABILITY UNDER ALL CIRCUMSTANCES INVOLVED HEREIN THIS 1.GOVQA DELIVERY OF SERVICE(S): AGREEMENT IS EXPRESSLY LIMITED TO THE AMOUNT RECEIVED BY GovQA grants Customer a non-exclusive,non-transferable limited license to GOVQA UNDER THIS AGREEMENT. access and use the GovQA Service(s)on the Authorized Website(s)identified in the attached Schedule A.This Agreement will also govern all additional Schedules 5.TERMINATION: for Service(s). Either party may terminate this agreement without cause if the terminating party gives the other party sixty(60)days written notice prior to termination. Should Customer terminate without cause after the first date of the then current term as 2.CUSTOMER RESPONSIBILITIES: defined in the attached schedule,Customer must pay the balance of the current Customer acknowledges it is receiving only a limited license to use the Service(s) and related documentation,if any,and shall obtain no title,ownership nor any other contracted term and this payment obligation will immediately become due. rights in or to the Service(s)and related documentation,all of which title and rights shall remain with GovQA.However,Customer will retain ownership of all its data in GovQA may terminate service(s)if payments are not received by GovQA as the system. specified in Schedule A.All monies associated with current term will be due immediately. Customer agrees that(1)this license is limited to applications for its own use and may not lease or rent the Service(s)nor offer its use for others;(2)GovQA is not Upon any termination,GovQA will discontinue Service(s)under this Agreement; responsible for content placed into the Service(s);(3)that the Service(s)will not be GovQA will provide Customer with an electronic copy of all of Customers data,if used to capture confidential information,such as social security numbers or requested and for a cost of no more than$2,500;and,the provisions of this individual financial data or other sensitive data unless deployed in Fortress;and, Agreement regarding Ownership,Liability,Confidentiality and Miscellaneous will (4)that it will maintain the Authorized Website(s)identified in Schedule A,provide continue to survive. GovQA with all information reasonably necessary to setup or establish the Service(s)on Customers behalf,and allow a"Powered by GovQA"logo with a 6.INDEMNIFICATION: hyperlink to GovQA's website home page on the Authorized Website. To the extent allowed by law,each Party agrees to fully indemnify and hold harmless the other for any and all costs,liabilities,losses,and expenses resulting 3.SERVICE(S)LEVELS: from any claim,suit,action,or proceeding brought by any third party. GovQA will use commercially reasonable efforts to backup and keep the Service(s) and Authorized Website(s)in operation consistent with applicable industry 7,ACCEPTABLE USE. standards and will respond to customers'requests for support during normal Customer represents and warrants that the Service(s)will only be used for lawful business hours. purposes,in a manner allowed by law,and in accordance with reasonable operating rules,policies,terms and procedures. GovQA may,upon misuse of the THE SERVICE(S)ARE PROVIDED ON AN"AS IS"BASIS,AND CUSTOMER'S Service(s),request Customer to terminate access to any individual and Customer USE OF THE SERVICE(S)IS AT ITS OWN RISK. GOVQA DOES NOT agrees to promptly comply with such request unless such misuse is corrected. WARRANT THAT THE SERVICE(S)WILL BE UNINTERRUPTED OR ERROR- FREE OR UNAFFECTED BY FORCE MAJEURE EVENTS. 8.CONFIDENTIALITY: Each party hereby agrees to maintain the confidentiality of the other party's 4.WARRANTY AND LIABILITY: confidential and proprietary materials and information,including but not limited to, GOVQA MAKES NO REPRESENTATION OR WARRANTY AS TO all information,knowledge or data not generally available to the public which is MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE EXCEPT AS acquired in connection with this Agreement,unless disclosure is required by OTHERWISE STATED HEREIN OF THE SERVICE(S)AND SHALL HAVE law. Each party hereby agrees not to copy,duplicate,or transcribe any confidential documents of the other party except as required in connection with their performance Party Initials: Page 1 of 5 GOVQA MASTER SERVICE(S) AGREEMENT For GovQA Exchange Platform under this Agreement.Customer acknowledges that the Service(s)contain valuable trade secrets,which are the sole property of GovQA,and Customer agrees to use reasonable care to prevent other parties from learning of these trade secrets or have unauthorized access to the Service(s).GovQA will use reasonable Customer: efforts to ensure that any GovQA contractors maintain the confidentiality of — proprietary materials and information. Signature: 9.MISCELLANEOUS PROVISIONS: Print Name: This Agreement will be governed by and construed in accordance with the laws of _ the State of WA. Title: GovQA may not assign its rights and obligations under this Agreement,in whole or part,without prior written consent of Customer,which consent will not be unreasonably withheld. GovQA,LLC 10.ACCEPTANCE: Authorized representatives of Customer and GovQA have read the foregoing and Signature: all documents incorporated therein and agree and accept such terms effective as of the date first written above. Print Name: Title: Date: Party Initials: Page 2 of 5 Li �1 I � - �t i ,•. �` �,_� If I I�- f 1 � �\ rtt`^^��� ! .. I ii �VG �c�r^. �� ��• , �., 11 t i/ GOVQA MASTER SERVICE(S) AGREEMENT For GovQA Exchange Platform Annual Software Subscription Services QTY PART# DESCRIPTION UNIT DISC(%) EXTENDED PRICE 1 QA1000 Exchange Platform with FOIA Module $9,000.00 $5,250.00 1 OA2001 Hosted Data Storage(TB) Included $0.00 Note: Overage Fees Will Apply 1 QA1001 Fortress Hosting Included $0.00 5 QA1002 Redaction License(per named user) $0.00 100.00 $0.00 1 QA2005 Advanced Customer Email Tracking Module $0.00 $0.00 15 QA1002 Redaction License(per named user) $100.00 $874.95 Annual Software Subscription Services TOTAL: $6,124.95 One-time Fees QTY PART# DESCRIPTION UNIT DISC(%) EXTENDED PRICE 1 QA5000 Exchange Platform Customer Onboarding $0.00 $0.00 1 QA5020 Migration to Fortress Hosting Environment $1,500.00 $1,500.00 1 ST1000 Washington State Sales Tax $671.00 $671.00 One-time Fees TOTAL: $2,171.00 QTY PART# DESCRIPTION UNIT DISC (%) EXTENDED PRICE 1 Exchange Platform with FOIA Module $0.00 $0.00 Note: Includes Unlimited Customer Employee Users and One Request Type Related to Public Records TOTAL: $0.00 Party Initials: Page 3 of 5 ' ^ rI' l; l L >> GOVQA MASTER SERVICE(S) AGREEMENT For GovQA Exchange Platform I.GovQA agrees to the following: A.One-time setup of public facing page to access GovQA Exchange public facing functions B.Branding of public facing page to the look and feel of Customer website.Future updates are available for an additional fee. C.One-time configuration of GovQA Exchange Platform with one requests related to the Freedom of Information Act Il.Customer agrees to: A.Hold an implementation joint kickoff meeting with GovQA within 5 days from contract Effective Date B.Build and execute project plan to be fully implemented within 30 days of the contract Effective Date III.Training and ongoing support included in Implementation and Subscription Fees: A.One online Administrator training B.Two online training sessions for all users C.Ongoing support through system videos and knowledgebase D.Periodic webinars to train and update customers on new features E.Customer will log ALL ISSUES into the GovQA Support System to receive technical support. IV.Data:Customer data is owned by Customer.Once 1TB of data storage has been exceeded,data storage is billed in increments of 1TB over the allotted 1TB and will be assessed at an annual fee of$1,500 and billed in arrears.Storage is reviewed annually and is adjusted at next renewal term. V.Term:June 1,2021 to December 31,2021.This annual term will automatically renew all existing services,unless Customer notifies GovQA in writing of its intent not to extend the term at least sixty(60)days prior to expiration of the then current term end date.Renewal Terms will not increase by more than 5.5%. VI.Billing:All fees are exclusive of taxes,billed on an annual basis,and due upon receipt of invoice.This secures site,servers and resources necessary to begin project.If payment is not received within 30 days,GovQA has the right to suspend all services.Furthermore,invoices accrue 1%per month past due and customer is responsible for all costs,including attorney fees,for the collections of invoices. VII.Remittance:All payments should be made directly to GovQA.GovQA mailing address for all payments is: GovQA Accounts Receivable Department 900 S.Frontage Road Suite#110 Woodridge,IL 60517 Party Initials: Page 4 of 5 4 �. i s t _. r t I _� GOVQA MASTER SERVICE(S) AGREEMENT For GovQA Exchange Platform Vill.Customer Contacts: Main Contact: Title: McKenzie Smith Clerk of the Board, Records Specialist Address: City: State: Zip: 411 N 51h St. Shelton WA 98584 Work Phone: Mobile: 360 427-9670 ext.589 Fax: Email: 360 427-8437 msmith co.mason.wa.us Billing Contact: Title: Diane Zoren Administrative Services Manager Address: City: State: Zip: 411 N 51h St. Shelton WA 198584 Work Phone: Mobile: 360 427-9670 ext.747 Fax: Email: 360 427-8437 dlz co.mason.wa.us System Administrator Contact: Title: McKenzie Smith Clerk of the Board, Records S ecialist Address: City: State: Zip: 411 N 51h St. Shelton I WA 98584 Work Phone: Mobile: 360 427-9670 ext. 589 Fax: Email: 360 427-8437 msmith co.mason.wa.us Party Initials: Page 5 of 5 ir 17 f `) i Ll I l�l Gov 0, Nw Invoice t 22 GOvQA, LLC Invoice# NV1415 9014 Heritage Pkwy-Suite 308 Acct.No. C774 Woodridge, IL 60517 Terms Due on receipt United States Due Date 02/16/2022 (630)985-1300 PO# accountsreceivables@govqa.com Bill To: End User: Mason County,WA Mason County WA 411 North 5th Street 411 North 5th Street Shelton WA 98584 Shelton WA 98584 United States United States QA1000--- ; Exchange-- --- ------------ ___ _ -----—- ------------------- ------------- - ---- --- ------- --- -_-- - --—. .---- --- Platform with FOIA Module 01/01/2022 12/31/2022 13,085 00 ; 8.8% QA2001 Hosted Data Storage(TB) 01/01/2022 12/31/2022 a 0.00 8.8% QA1001 Fortress Hosting 01/01/2022 12/31/2022 0.00 8.8% QA1002 Redaction License(per named user) 5 Licenses 01/01/2022 12/31/2022 0.00 8.8% QA2005 Advanced Customer Email Tracking Module 01/01/2022 i 12/31/2022 0.00 ' 8.8% QA1002 Redaction License(per named user) 15 Licenses @$100Near Each 01/01/2022 12/31/2022 1,500.00 8.8% QA2011 WA State JLARC Reporting 01/01/2022 12/31/2022 1,760.00 8.8% Subtotal 16,345.00 Tax Total 1,438.36 Total $17,783.36 MASON COUNTY BRIEFING ITEM SUMMARY FORM To: Board of Mason County Commissioners From: McKenzie Smith/Diane Zoren Department: Support Services Ext: 589/747 Briefing Date: July 19, 2021 Previous Briefing Dates: May 3, 2021 If this is a follow-up briefing, please provide only new information Item: An update on the project timeline for the GovQA Public Records Software implementation. Executive Summary: (If applicable, please include available options and potential solutions): Currently, we have weekly meetings scheduled with GovQA to complete tasks, workshops, and to help keep on schedule. The Sheriff's Office was successfully migrated to the new GovQA platform on June 26th, 2021. At this time there will two options will be available for requestors when they submit a Public Records Request: submit a request to the Sheriff's Office or submit a request to the County. If the requester chooses to submit a request to the County, a list of departments will be available for them to choose from. The staff list, copy of fees, retention rules, and current response templates have been sent to GovQA and are being added. At the next workshop, we will be going over branding, FAQs, an overview of core setup, and walk through the entire process. Once we are closer to implementation, a training will be set up for the Public Records Officers. Mid- to late- August is when we hope to be fully utilizing GovQA for handing Public Records Requests. Attachments: None Briefing Summary 2/22/2022 MASON COUNTY AGENDA ITEM SUMMARY FORM To: Board of Mason County Commissioners From: Lydia Buchheit Action Agenda: _X_ Public Hearing: Other: Department: Community Services- Public Health Ext: 404 Date: 3/1/22 Agenda Item # Commissioner staff to complete) Briefing Date: 1/24/22 Briefing Presented By: Lydia Buchheit [ ] Item was not previously briefed with the Board Please provide an explanation of urgency Item: Mason County LEAD subcontract Olympic Health and Recovery Services (OHRS) Background: Olympic Health and Recovery Services will operate as the Behavioral Health Agency for Mason County's Law Enforcement Assisted Diversion (LEAD) program coordinated by Mason County Community Services-Public Health Division (MCPH). Budget Impact(s): Budgeted for 2022 Recommended Action: Approve OHRS sub-contract Attachment(s): Olympic Health and Recovery Services sub-contract. MASON COUNTY PROFESSIONAL SERVICES CONTRACT CONTRACT# THIS CONTRACT is made and entered into by and between Mason County, hereinafter referred to as "COUNTY" and Olympic Health and Recovery Services (OHRS) , hereinafter referred to as "CONTRACTOR." Contracted Entity Olympic Health and Recovery Services Address 612 Woodland Square Loop SE City, State, Zip Code Lacey, WA 98503 Phone 360-763-5828 Primary Contact Name, Title Joe Avalos Primary Contact Phone & E- 360-819-3305 mail 'oe.avalos tmbho.or Contractor Fiscal Contact Tara Smith Contractor Fiscal Phone & 360-763-5809 Email tara.smith@tmbho.or Washington State UBI# 603-569-721 Federal EIN 47-5326968 Total Award/Contract Value $700,000 Contract Term Duration January 1st-2022 - June 30t", 2023 County Contract Contact Lydia Buchheit, Community Health Manager County Contract Email & Lydiab �mason countywa.gov 360-427-9670 ext.404 Phone County Fiscal Contact Casey Bingham, Fiscal Manager County Fiscal Email & Phone Caseyb(a-)-masoncountywa.gov 360-427-9670 ext. 562 PURPOSE The purpose of this contract/grant is to assist the COUNTY in the delivery the Law Enforcement Assisted Diversion program which shall adhere to Law Enforcement Assist Diversion core principles with funding from the Health Care Authority contract K5736 with Mason County Community Services. COUNTY and CONTRACTOR, as defined above, acknowledge and accept the terms of this contract and EXHIBITS and have executed this contract on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this contract are governed by this contract including Special Conditions, General Terms and Conditions, Exhibits, and the following other documents incorporated by reference: RFP Application, instructions and disclosures. CONTRACTOR BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Olympic Health and Recovery Services 2/22/2022 Authorized Signature Date Kevin Shutty, Chair Date Joe Avalos, Administrator APPR -A-S—TO FOR ZL Ze— Ti White east ief DPA Date 1 Professional Services Contract, Olympic Health& Recovery Services January 2022 Special Conditions CONTRACTOR agrees to the following: The award of funds does not guarantee that the CONTRACTOR will receive funding if special conditions are not met. The following document requirements and must be received within 30 days of contract award starting date for the CONTRACTOR to submit an invoice and receive funding. 1. CONTRACT REQUIREMENTS to receive funding: a. Certificate of Insurance (see requirements Exhibit B) Funding Source: Health Care Authority Contract K5736 with Mason County Community Services: General State Funds & Substance Abuse Block Grant General Terms and Conditions Scope of Services: CONTRACTOR agrees to provide COUNTY all services and any materials as set forth as identified in Exhibit A SCOPE OF SERVICES, Housing RFP Application, instructions and disclosures during the CONTRACT period. No material, labor or facilities will be furnished by COUNTY, unless otherwise provided for in the CONTRACT. Term: Services provided by CONTRACTOR prior to or after the term of this CONTRACT shall be performed at the expense of CONTRACTOR and are not compensable under this CONTRACT unless both parties hereto agree to such provision in writing. The term of this CONTRACT may be extended by mutual consent of the parties; provided, however, that the CONTRACT is in writing and signed by both parties. Extension: The duration of this CONTRACT may be extended by mutual written consent of the parties, for a period of up to one year, and for a total of no longer than three years. Independent Contractor: CONTRACTOR's services shall be furnished by the CONTRACTOR as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer-employee. All payments made hereunder, and all services performed shall be made and performed pursuant to this CONTRACT by the CONTRACTOR as an independent contractor. CONTRACTOR acknowledges that the entire compensation for this CONTRACT is specified in Exhibit C-Budget, and the CONTRACTOR is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of COUNTY. The CONTRACTOR represents that he/she/it maintains a separate place of business, serves clients other than COUNTY, will report all income and expense accrued under this CONTRACT to the Internal Revenue Service, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. CONTRACTOR will be responsible for and will pay all taxes related to the receipt of payments from the COUNTY. CONTRACTOR will defend, indemnify and hold harmless COUNTY, its officers, agents or employees from any loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys'fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. Payment: COUNTY will reimburse CONTRACTOR for actual expenditures incurred each month, according to the terms provided in EXHIBIT B, provided that CONTRACTOR performs the services and submits all 2 Professional Services Contract, Olympic Health & Recovery Services January 2022 reporting to a satisfactory level. Monthly expenditures will be reported using the template provided. Payment is on the assumption that State and local funds are available to the COUNTY for disbursement to the CONTRACTOR and have been expended and program requirements met, or earlier in the event of non-compliance. If State or local funds are not available to the COUNTY, the COUNTY reserves the right to amend the payment terms and the amount of the maximum contract total. The term of this CONTRACT begins on the Effective Date, and the CONTRACTOR agrees not to incur any expenses on the program using COUNTY funding prior to the effective date. The CONTRACT end date is June 30, 2023, or earlier in the event of non-compliance. Payment Information: CONTRACTOR agrees to complete or make sure a current Vendor Payment Form is on file providing the COUNTY with all information necessary to correctly issue such payments. If CONTRACTOR fails to provide such information in response to the COUNTY'S written request, then the COUNTY may withhold payments to CONTRACTOR until CONTRACTOR provides such information. Budget: CONTRACTOR further agrees that funds provided under this CONTRACT will be expended as specifically itemized line by line in the Budget provided in Exhibit C, and that CONTRACTOR will follow the Budget Amendment Process for quarterly expense transfers within a budget category (i.e. operations, administration, facilities support). Budget transfers will not be made unless approved by the COUNTY. Late requests will not be accepted. Duplicate Payment: The COUNTY shall not pay CONTRACTOR, if the CONTRACTOR has charged or will charge any other party under any other Grant, subgrant/subcontract, or agreement, for the same services or expenses. If it is determined that CONTRACTOR has received duplicate payment, the CONTRACTOR must pay back the COUNTY for these expenses. Recordkeeping: COTNRACTOR agrees to keep records in an easily read form sufficient to account for all receipts and expenditures of contract funds. These records, as well as supporting documentation, will be archived by the CONTRACTOR'S office for at least six (6) years after the end of the contract. CONTRACTOR agrees to make such books, records, and supporting documentation available to the COUNTY for inspection when requested. Accounting and Payment for CONTRACTOR Services: Payment to the CONTRACTOR for services rendered under this CONTRACT shall be as set forth in "Exhibit C BUDGET." Where Exhibit "C" requires payments by the COUNTY, payment shall be based upon written claims supported, unless otherwise provided in Exhibit"C," by documentation of units of work performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, to comply with municipal auditing requirements. Acceptable invoices will be processed within 30 days of receipt. Unless specifically stated in Exhibit "C" or approved in writing in advance by the official executing this CONTRACT for COUNTY or his or her designee (hereinafter referred to as the "Administrative Officer"). COUNTY will not reimburse the CONTRACTOR for any costs or expenses incurred by the CONTRACTOR in the performance of this CONTRACT. Where required, COUNTY shall, upon receipt of appropriate documentation, compensate the CONTRACTOR, no more often than monthly, in accordance with COUNTY's customary procedures. Reporting and Other Contract Requirements: CONTRACTOR agrees to submit program and expense reports, as well as perform all other requirements outlined in Exhibit A- on or before the dates indicated therein. The COUNTY reserves the right to aggregate, disaggregate, analyze, reproduce, and/or disseminate the data provided in program 3 Professional Services Contract, Olympic Health & Recovery Services January 2022 reports, financial activity reports, or any other reports submitted to the COUNTY with respect to the program. Federal and State Benchmarks, Data Collection, and Evaluation: The Department of Housing and Urban Development (HUD) and the Department of Commerce may require additional reporting of programs and continuums of care directly or indirectly related to the funding awarded such as, but not limited to, Coordinated Entry, Data Quality, Data Timeliness, Housing Inventory Report, Annual Performance Report, Point in Time Count and System Performance Measures. CONTRACTOR agrees to participate in these evaluation efforts, meet individual benchmarks that contribute to the system and will fulfill the data collection and reporting requirements specified at the time of the request. It will be the obligation of the COUNTY representatives, CONTRACTOR and other contractors to provide protections and assurances regarding the confidentiality of data, samples of work (in any media format) and/or interview comments provided by participants. COTNRACTOR also agrees to provide the COUNTY with the results of any independent or self-directed evaluation or research undertaken in respect to the funded program. Withholding Payment: In the event the CONTRACTOR has failed to perform any obligation under this CONTRACT within the times set forth in this CONTRACT, then COUNTY may, upon written notice, withhold from amounts otherwise due and payable to CONTRACTOR, without penalty, until such failure to perform is cured or otherwise adjudicated. Withholding under this clause shall not be deemed a breach entitling CONTRACTOR to termination or damages, provided that COUNTY promptly gives notice in writing to the CONTRACTOR of the nature of the default or failure to perform, and in no case more than ten (10) days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the CONTRACTOR of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the CONTRACTOR acts within the times and in strict accord with the provisions of the Disputes clause of this CONTRACT. COUNTY may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the CONTRACT, to take all or any of the following actions: (1) cure any failure or default, (2)to pay any amount so required to be paid and to charge the same to the account of the CONTRACTOR, (3) to set off any amount so paid or incurred from amounts due or to become due the CONTRACTOR. In the event the CONTRACTOR obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to CONTRACTOR by reason of good faith withholding by COUNTY under this clause. Taxes: CONTRACTOR understands and acknowledges that COUNTY will not withhold Federal or State income taxes. Where required by State or Federal law, the CONTRACTOR authorizes COUNTY to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the CONTRACTOR will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the CONTRACTOR to make the necessary estimated tax payments throughout the year, if any, and the CONTRACTOR is solely liable for any tax obligation arising from the CONTRACTOR's performance of this CONTRACT. The CONTRACTOR hereby agrees to indemnify COUNTY against any demand to pay taxes arising from the CONTRACTOR's failure to pay taxes on compensation earned pursuant to this CONTRACT. COUNTY will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The CONTRACTOR must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the CONTRACTOR's gross or net income, or personal property to which COUNTY does not hold title. COUNTY is exempt from Federal Excise Tax. No Guarantee of Employment: The performance of all or part of this CONTRACT by the CONTRACTOR shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of 4 Professional Services Contract, Olympic Health & Recovery Services January 2022 CONTRACTOR or any employee of CONTRACTOR or any sub-contractor or any employee of any sub- contractor by COUNTY now or in the future. Intellectual Property: COTNRACTOR shall retain all copyrights and other intellectual property rights to written work produced because of this award, including but not limited to, work product listed in SCOPE OF SERVICES. CONTRACTOR grants to COUNTY a nonexclusive, irrevocable, perpetual, and royalty-free license to access, reproduce, publish, copy, or otherwise use such written work. Program materials may be reproduced (but not morphed, amended, revised, or redesigned) by any other party, on a worldwide, non-exclusive basis and without fee in connection with their own educational or program purposes, but may not be used in connection with sales or distribution for profit. The owner must approve any use of project materials not specifically permitted under this provision, in advance and in writing. As appropriate, all materials shall contain an attribution of ownership. Third-Party Rights: CONTRACTOR warrants that written work product(s) produced under the terms of this CONTRACT will not infringe, misappropriate, or violate the rights of any third party, or incorporate or be derived from the intellectual property of any third party, without the COUNTY'S prior written consent. Termination for Default: If CONTRACTOR defaults by failing to perform any of the obligations of the CONTRACT or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, COUNTY may, by depositing written notice to CONTRACTOR in the U.S. mail, terminate the CONTRACT, and at COUNTY's option, obtain performance of the work elsewhere. If the CONTRACT is terminated for default, CONTRACTOR shall not be entitled to receive any further payments under the CONTRACT until all work called for has been fully performed. Any extra cost or damage to COUNTY resulting from such default(s) shall be deducted from any money due or coming due to CONTRACTOR. CONTRACTOR shall bear any extra expenses incurred by COUNTY in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by COUNTY by reason of such default. If a notice of termination for default has been issued and it is later determined for any reason that CONTRACTOR was not in default, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Public Convenience paragraph hereof. Termination for Public Convenience: COUNTY may terminate this CONTRACT in whole or in part whenever COUNTY determines, in its sole discretion, that such termination is in the interests of COUNTY. Whenever the CONTRACT is terminated in accordance with this paragraph, CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A-SCOPE OF SERVICES. An equitable adjustment in the CONTRACT price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this CONTRACT by COUNTY at any time during the term, whether for default or convenience, shall not constitute breach of CONTRACT by COUNTY. Termination for Reduced Funding: COUNTY may terminate this CONTRACT in whole or in part should COUNTY determine, in its sole discretion, that such termination is necessary due to a decrease in available project funding including State and/or Federal grants. Whenever the CONTRACT is terminated in accordance with this paragraph, the CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A Scope-of-Services and Exhibit B Compensation. 5 Professional Services Contract, Olympic Health & Recovery Services January 2022 Disputes: 1. Differences between the CONTRACTOR and COUNTY, arising under and by virtue of the AGREEMENT shall be brought to the attention of COUNTY at the earliest possible time in order that such matters may be settled, or other appropriate action promptly taken. For objections that are not made in the manner specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. 2. The CONTRACTOR shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer of COUNTY, or(2) the happening of any event or occurrence, unless the CONTRACTOR has given COUNTY a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by COUNTY. The written Notice of Potential Claim shall set forth the reasons for which the CONTRACTOR believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. CONTRACTOR shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. 3. The CONTRACTOR shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by COUNTY, the CONTRACTOR has given COUNTY a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. Arbitration: Other than claims for injunctive relief brought by a party hereto (which may be brought either in court or pursuant to this arbitration provision), and consistent with the provisions hereinabove, any claim, dispute or controversy between the parties under, arising out of, or related to this CONTRACT or otherwise, including issues of specific performance, shall be determined by arbitration in Shelton, Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date hereof, as modified by this CONTRACT. There shall be one arbitrator selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this CONTRACT shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief(including specific performance), or any other remedy available from a judge, including expenses, costs and attorney fees to the prevailing party and pre-award interest, but shall not have the power to award punitive damages. The decision of the arbitrator shall be final and binding and an order confirming the award or judgment upon the award may be entered in any court having jurisdiction. The parties agree that the decision of the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the request of either party made not later than forty-five (45) days after the arbitration demand, the parties agree to submit the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided, that either party may decline to mediate and proceed with arbitration. Any arbitration proceeding commenced to enforce or interpret this CONTRACT shall be brought within six (6) years after the initial occurrence giving rise to the claim, dispute or issue for which arbitration is commenced, regardless of the date of discovery or whether the claim, dispute or issue was continuing in nature. Claims, disputes or issues arising more than six (6) years prior to a written request or demand for arbitration issued under this Agreement are not subject to arbitration. Change in Personnel The success of the approved program is largely contingent on the approved staffing identified in the proposal application and/or related to the final award amount and related services. Should there be any material change in job description, level of authority, or employment status of program staffing (or projected staff start dates for new programs) during the term of the CONTRACT, the COUNTY requires that the CONTRACTOR notify the COUNTY in writing within 15 days of the change and includes a 6 Professional Services Contract, Olympic Health & Recovery Services January 2022 staffing plan to minimize any disruption in services. CONTRACTOR will provide weekly updates after the written notice and plan until the staffing change is resolved. Labor Standards: CONTRACTOR agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis-Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and/or the State of Washington. Equipment Purchase, Maintenance, and Ownership The CONTRACTOR agrees that any depreciable equipment purchased, in whole or part, with contract funds at a cost of$1,000 per item or more, is upon its purchase the property of the COUNTY and will be used only for the program funded. The CONTRACTOR agrees to establish and maintain transaction documents (purchase requisitions, packing slips, invoices, receipts) and maintenance records of equipment purchased with Contract funds. The CONTRACTOR shall be responsible for any loss or damage to property of the COUNTY that results from the negligence of the contractor or that results from the failure on the part of the contractor to maintain and administer that property in accordance with sound management practices. In the case of Early Termination, the CONTRACTOR agrees that all such equipment will be returned to the COUNTY unless otherwise agreed upon in writing by the CONTRACTOR and the COUNTY. Assignment and Subcontracting: The performance of all activities contemplated by this CONTRACT shall be accomplished by CONTRACTOR. No portion of this CONTRACT may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of COUNTY. If subcontracting approved, CONTRACTOR is responsible to COUNTY should the subcontractor fail to comply with any applicable term or condition of this contract. CONTRACTOR shall audit and monitor the activities of the subcontractor during the contract term to assure fiscal conditions and performance metrics are met. COUNTY will be included on any audit or monitoring activities and reports. Conflict of Interest: If at any time prior to commencement of, or during the term of this CONTRACT, CONTRACTOR or any of its employees involved in the performance of this CONTRACT shall have or develop an interest in the subject matter of this CONTRACT that is potentially in conflict with the COUNTY's interest, then CONTRACTOR shall immediately notify COUNTY of the same. The notification of COUNTY shall be made with sufficient specificity to enable COUNTY to make an informed judgment as to whether or not COUNTY's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, COUNTY may require CONTRACTOR to take reasonable steps to remove the conflict of interest. COUNTY may also terminate this CONTRACT according to the provisions herein for termination. Non-Discrimination in Employment: COUNTY's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. CONTRACTOR shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which CONTRACTOR is governed by such laws, CONTRACTOR shall take affirmative action to insure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, 7 Professional Services Contract, Olympic Health & Recovery Services January 2022 disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, CONTRACTOR shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The foregoing provisions shall also be binding upon any sub-contractor, provided that the foregoing provision shall not apply to contracts or sub-contractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. Non-Discrimination in Client Services: CONTRACTOR shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny an individual or business any service or benefits under this CONTRACT; or subject an individual or business to segregation or separate treatment in any manner related to his/her/its receipt any service or services or other benefits provided under this CONTRACT; or deny an individual or business an opportunity to participate in any program provided by this CONTRACT. Waiver of Noncompetition: CONTRACTOR irrevocably waives any existing rights which it may have, by contract or otherwise, to require another person or corporation to refrain from submitting a proposal to or performing work or providing supplies to COUNTY, and CONTRACTOR further promises that it will not in the future, directly or indirectly, induce or solicit any person or corporation to refrain from submitting a bid or proposal to or from performing work or providing supplies to COUNTY. Patent/Copyright Infringement: CONTRACTOR will defend and indemnify COUNTY from any claimed action, cause or demand brought against COUNTY; to the extent such action is based on the claim that information supplied by the CONTRACTOR infringes any patent or copyright. CONTRACTOR will pay those costs and damages attributable to any such claims that are finally awarded against COUNTY in any action. Such defense and payments are conditioned upon the following: A. CONTRACTOR shall be notified promptly in writing by COUNTY of any notice of such claim. B. CONTRACTOR shall have the right, hereunder, at its option and expense, to obtain for COUNTY the right to continue using the information, in the event such claim of infringement, is made, provided no reduction in performance or loss results to COUNTY. Confidentiality: CONTRACTOR, its employees, sub-contractors, and their employees shall maintain the confidentiality of all information provided by COUNTY or acquired by CONTRACTOR in performance of this CONTRACT, except upon the prior written consent of COUNTY or an order entered by a court after having acquired jurisdiction over COUNTY. CONTRACTOR shall immediately give to COUNTY notice of any judicial proceeding seeking disclosure of such information. CONTRACTOR shall indemnify and hold harmless COUNTY, its officials, agents or employees from all loss or expense, including, but not limited to, settlements,judgments, setoffs, attorneys' fees and costs resulting from CONTRACTOR's breach of this provision. Right to Review: This CONTRACT is subject to review by any Federal, State or COUNTY auditor. COUNTY or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by COUNTY's Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on-site inspection by COUNTY agents or employees, inspection of all records or other materials which COUNTY deems pertinent to the CONTRACT and its performance, and any and all communications with or evaluations by service recipients under this CONTRACT. CONTRACTOR shall preserve and 8 Professional Services Contract, Olympic Health & Recovery Services January 2022 maintain all financial records and records relating to the performance of work under this CONTRACT for six (6) years after CONTRACT termination, and shall make them available for such review, within Mason County, State of Washington, upon request. CONTRACTOR also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this CONTRACT. If no advance notice is given to CONTRACTOR, then CONTRACTOR agrees to notify the Administrative Officer as soon as it is practical. Insurance Requirements: At a minimum, CONTRACTOR shall provide insurance that meets or exceeds the requirements detailed in "Exhibit B-Insurance Requirements." Insurance as a Condition of Payment: Payments due to CONTRACTOR under this CONTRACT are expressly conditioned upon the CONTRACTOR's strict compliance with all insurance requirements under this CONTRACT. Payment to CONTRACTOR shall be suspended in the event of non-compliance. Upon receipt of evidence of full compliance, payments not otherwise subject to withholding or set-off will be released to CONTRACTOR. Industrial Insurance Waiver: With respect to the performance of this CONTRACT and as to claims against COUNTY, its officers, agents and employees, CONTRACTOR expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this CONTRACT extend to any claim brought by or on behalf of any employee of CONTRACTOR. This waiver is mutually negotiated by the parties to this CONTRACT. Contractor Commitments, Warranties and Representations: Any written commitment received from CONTRACTOR concerning this CONTRACT shall be binding upon CONTRACTOR, unless otherwise specifically provided herein with reference to this paragraph. Failure of CONTRACTOR to fulfill such a commitment shall render CONTRACTOR liable for damages to COUNTY. A commitment includes, but is not limited to, any representation made prior to execution of this CONTRACT, whether or not incorporated elsewhere herein by reference, as to performance of services or equipment, prices or options for future acquisition to remain in effect for a fixed period, or warranties. Defense and Indemnity Contract: Indemnification by CONTRACTOR. To the fullest extent permitted by law, CONTRACTOR agrees to indemnify, defend and hold COUNTY and its departments, elected and appointed officials, employees, agents and volunteers, harmless from and against any and all claims, damages, losses and expenses, including but not limited to court costs, attorney's fees and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property (including the loss of use resulting there from) which 1) are caused in whole or in part by any act or omission, negligent or otherwise, of the CONTRACTOR, its employees, agents or volunteers or CONTRACTOR's subcontractors and their employees, agents or volunteers; or 2) are directly or indirectly arising out of, resulting from, or in connection with performance of this CONTRACT; or 3) are based upon CONTRACTOR's or its subcontractors' use of, presence upon or proximity to the property of COUNTY. This indemnification obligation of CONTRACTOR shall not apply in the limited circumstance where the claim, damage, loss or expense is caused by the sole negligence of COUNTY. This indemnification obligation of the CONTRACTOR shall not be limited in any way by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and the CONTRACTOR hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of the CONTRACTOR are a material inducement to COUNTY to enter into this CONTRACT, are reflected in CONTRACTOR's compensation, and have been mutually negotiated by the parties. 9 Professional Services Contract, Olympic Health & Recovery Services January 2022 Participation by County— No Waiver. COUNTY reserves the right, but not the obligation, to participate in the defense of any claim, damages, losses or expenses and such participation shall not constitute a waiver of CONTRACTOR's indemnity obligations under this CONTRACT. Survival of CONTRACTOR's Indemnity Obligations. CONTRACTOR agrees all CONTRACTOR'S indemnity obligations shall survive the completion, expiration or termination of this CONTRACT. Indemnity by Subcontractors. In the event the CONTRACTOR enters into subcontracts to the extent allowed under this CONTRACT, CONTRACTOR's subcontractors shall indemnify COUNTY on a basis equal to or exceeding CONTRACTOR's indemnity obligations to COUNTY. Compliance with Applicable Laws, Rules and Regulations: This CONTRACT shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, political subdivisions of the State of Washington and Mason County. CONTRACTOR also agrees to comply with applicable Federal, State, County or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. Conflict of Interest Notwithstanding, any determination by the Executive Ethics Board or other tribunal, the COUNTY may, in its sole discretion, by written notice to CONTRACTOR terminate this contract if it is found after due notice and examination by the COUNTY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW or any similar statute involving CONTRACTOR, or any activities performed pursuant to the contract. Unilateral Contract Changes The CONTRACTOR acknowledges that the COUNTY may correct typographical errors, numbering errors or other minor grammar or punctuation error without the need to amend the agreement. The CONTRACTOR shall be notified when any correction take place and will be provided with a corrected copy of the contract. Contract Monitoring and Program Review CONTRACTOR will permit Mason County staff to visit CONTRACTOR'S premises and review CONTRACTOR'S activities with respect to the program, and will permit the COUNTY at its own expense, to conduct an independent financial and/or programmatic audit of the expenditures related to this contract. Administration Contract: COUNTY hereby appoints, and CONTRACTOR hereby accepts, the Mason County's Community Services Director and his or her designee, as COUNTY's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this CONTRACT, including COUNTY's right to receive and act on all reports and documents, and any auditing performed by the COUNTY related to this CONTRACT. The Administrative Officer for purposes of this CONTRACT is: Lydia Buchheit, Community and Family Health & Human Services Manager Mason County Community Services 415 N. 6th Street Phone: 360-427-9670 Ext. 404 Fax: 360-427-7787 E-mail: LydiaB@masoncountywa.gov 10 Professional Services Contract, Olympic Health & Recovery Services January 2022 Financial Contact: Casey Bingham, Finance Manager Mason County Public Health and Human Services 415 N. 6th Street Phone: 360-427-9670 Ext. 562 Fax: 360-427-7787 E-mail: caseyb@masoncountywa.gov Notice: Except as set forth elsewhere in the CONTRACT, for all purposes under this CONTRACT except service of process, notice shall be given by CONTRACTOR to COUNTY's Administrative Officer under this CONTRACT. Notices and other communication may be conducted via e-mail, U.S. mail, fax, hand-delivery or other generally accepted manner including delivery services. Modifications: Either party may request changes in the CONTRACT. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this CONTRACT, the venue of such action of litigation shall be in the courts of the State of Washington and Mason County. Unless otherwise specified herein, this CONTRACT shall be governed by the laws of Mason County and the State of Washington. Severability: If any term or condition of this CONTRACT or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this CONTRACT are declared severable. Waiver: Waiver of any breach or condition of this CONTRACT shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this CONTRACT shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of COUNTY to insist upon strict performance of any of the covenants of this CONTRACT, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or contracts, but the same shall be and remain in full force and effect. Order of Precedence: A. Applicable federal, state and county statutes, regulations, policies, procedures, federal Office of Management and Budget (OMB) circulars and federal and state executive orders. B. Special Conditions C. General Terms & Conditions D. Exhibit B Insurance Requirements E. Exhibits A, C F. Exhibit D-HCA Professional Services Contract#K5736 LEAD Pilot Site Development Entire Contract: This written CONTRACT, comprised of the writings signed or otherwise identified and attached hereto, represents the entire CONTRACT between the parties and supersedes any prior oral statements, discussions or understandings between the parties. 11 Professional Services Contract, Olympic Health & Recovery Services January 2022 EXHIBIT A SCOPE OF SERVICE Program: Mason County Law Enforcement Assisted Diversion (LEAD) Program Program Description: Olympic Health and Recovery Services will operate as the Behavioral Health Agency for Mason County's Law Enforcement Assisted Diversion (LEAD) program coordinated by Mason County Community Services-Public Health Division (MCPH). The program will divert willing individuals known to commit offenses related to behavioral health conditions including substance use disorder, to social service providers in lieu of jail booking and prosecution, and will coordinate filed cases with individual intervention plans formulated by LEAD case managers in consultation with program participants. Program Expectations: • Coordinate with MCPH to Implement a LEAD pilot program that adheres to the Core Principles of LEAD and HCA contract (Exhibit D) and referenced in RCW 71.24.589 • Provide Outreach Coordinator; Clinical Supervisor and Case Manager positions to implement the program and fulfill HCA contract requirements • Establish effective workflows for case managers to record needed data in Julota. • Use the participant surveys to evaluate program participation and engagement Performance/Reporting and Deliverables: Provider will successfully refer (at least provide potential participant a candidate advisement) a minimum of 350 individuals, and admit at least the minimum required to maintain an average case load of at least 45 per case manager hired, each year • OHRS case management staff, to the best of their ability and when appropriate, will collect and report data and progress reports to MCPH monthly per LEAD requirements- • Collect the number or individuals contacted through law enforcement response and/or social contact referrals o Collect the number of individuals admitted into LEAD program o Collect aggregated demographics for individuals admitted, including: ■ Race; Gender; Age; and Housing status o Collect aggregated intake form: ■ Self-reported behavioral health, Employment, Family and Financial information o Collect the following LEAD program evaluation metrics: ■ Number of police contacts related to criminal behavior/suspected criminal behavior, Number of arrests-categorize by type, Number or warrants, Number of criminal charges categorize by type, Number of jail bookings, Number of jail bed days, Number of visits to an emergency room, Number of inpatient admits to hospital care, Number of contacts with fire/EMS, Number of times team meets with participants-categorized by type: case management, peer counseling, brief outreach, Number of referrals to service-categorized by type: mental health, substance use disorder, medical, housing, insurance, benefits, food, shelter, employment, etc., Number of connections to services-categorized by type: mental health, substance use disorder, medical, housing, insurance, benefits, food, shelter, employment, etc., Percentage of individuals that received a URICA score, Participant survey baseline, at six (6) months and one (1) year 12 Professional Services Contract, Olympic Health & Recovery Services January 2022 EXHIBIT B INSURANCE REQUIREMENTS A. MINIMUM Insurance Requirements: 1. Commercial General Liability Insurance using Insurance Services Office"Commercial General Liability" policy form CG 00 01, with an edition date prior to 2004, or the exact equivalent. Coverage for an additional insured shall not be limited to its vicarious liability. Defense costs must be paid in addition to limits. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. 2. Workers' Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits for CONTRACTOR's,with two (2) or more employees and/or volunteers, no less than $1,000,000 per accident for all covered losses. 3. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including owned, non-owned and hired autos, or the exact equivalent. Limits shall be no less than $1,000,000 per accident, combined single limit. If CONTRACTOR owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If CONTRACTOR or CONTRACTOR's employees will use personal autos in any way on this project, CONTRACTOR shall obtain evidence of personal auto liability coverage for each such person. 4. CONTRACTOR shall maintain professional liability insurance that covers the Services to be performed in connection with this CONTRACT, in the minimum amount of$2,000,000 per claim and annual aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and CONTRACTOR agrees to maintain continuous coverage through a period no less than three (3)years after completion of the services required by this agreement. B. Certificate of Insurance: A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to COUNTY within thirty (30)days of CONTRACT execution. C. Basic Stipulations: 1. CONTRACTOR agrees to endorse third party liability coverage required herein to include as additional insureds COUNTY, its officials, employees and agents, using ISO endorsement CG 20 10 with an edition date prior to 2004. CONTRACTOR also agrees to require all contractors, subcontractors, and anyone else involved in this CONTRACT on behalf of the CONTRACTOR (hereinafter"indemnifying parties")to comply with these provisions. 2. CONTRACTOR agrees to waive rights of recovery against COUNTY regardless of the applicability of any insurance proceeds, and to require all indemnifying parties to do likewise. 3. All insurance coverage maintained or procured by CONTRACTOR or required of others by CONTRACTOR pursuant to this CONTRACT shall be endorsed to delete the subrogation condition as to COUNTY or must specifically allow the named insured to waive subrogation prior to a loss. 4. All coverage types and limits required are subject to approval, modification and additional requirements by COUNTY. CONTRACTOR shall not make any reductions in scope or limits of coverage that may affect COUNTY's protection without COUNTY's prior written consent. 5. CONTRACTOR agrees to provide evidence of the insurance required herein, satisfactory to COUNTY, consisting of: a) certificate(s) of insurance evidencing all of the coverages required and, b) an additional insured endorsement to CONTRACTOR's general liability policy using Insurance Services Office form CG 20 10 with an edition date prior to 2004. CONTRACTOR agrees, upon request by COUNTY to provide complete, certified copies of any policies required within 10 days of such request. COUNTY has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests. Any premium so paid by COUNTY shall be charged to and promptly paid by CONTRACTOR or deducted from sums due CONTRACTOR.Any actual or alleged failure on the part of COUNTY or any other additional insured under these requirements to obtain proof of insurance required under this CONTRACT in no way waives any right or remedy of COUNTY or any additional insured, in this or in any other regard. 13 Professional Services Contract, Olympic Health & Recovery Services January 2022 6. It is acknowledged by the parties of this CONTRACT that all insurance coverage required to be provided by CONTRACTOR or indemnifying party, is intended to apply first and on a primary non-contributing basis in relation to any other insurance or self-insurance available to COUNTY. 7. CONTRACTOR agrees not to self-insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self- insure its obligations to COUNTY. If CONTRACTOR's existing coverage includes a self-insured retention, the self- insured retention must be declared to the COUNTY. The COUNTY may review options with CONTRACTOR, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. 8. CONTRACTOR will renew the required coverage annually as long as COUNTY, or its employees or agents face an exposure from operations of any type pursuant to this CONTRACT. This obligation applies whether or not the CONTRACT is canceled or terminated for any reason. Termination of this obligation is not effective until COUNTY executes a written statement to that effect. 9. The limits of insurance as described above shall be considered as minimum requirements. Should any coverage carried by CONTRACTOR, or a subcontractor of any tier maintain insurance with limits of liability that exceed the required limits or coverage that is broader than as outlined above, those higher limits and broader coverage shall be deemed to apply for the benefit of any person or organization included as an additional insured and those limits shall become the required minimum limits of insurance in all Paragraphs and Sections of this CONTRACT. 10. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to COUNTY and approved of in writing. 11. The requirements in this Exhibit supersede all other sections and provisions of this CONTRACT to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit. 12. Unless otherwise approved by COUNTY, insurance provided pursuant to these requirements shall be by insurers authorized to do business in Washington and with a minimum A.M. Best rating of A:VII. 13. All insurance coverage and limits provided by CONTRACTOR and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this CONTRACT limits the application of such insurance coverage. 14. CONTRACTOR agrees require insurers, to provide notice to COUNTY thirty (30) days prior to cancellation of such liability coverage or of any material alteration or non-renewal of any such coverage, other than for non-payment of premium. CONTRACTOR shall assure that this provision also applies to any subcontractors,joint ventures or any other party engaged by or on behalf of contractor in relation to this agreement. Certificate(s)are to reflect that the issuer will provide thirty(30) days' notice to COUNTY of any cancellation of coverage. 15. COUNTY reserves the right at any time during the term of the CONTRACT to change the amounts and types of insurance required by giving the CONTRACTOR ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the CONTRACTOR, the COUNTY and CONTRACTOR may renegotiate CONTRACTOR's compensation. 16. Requirements of specific coverage features are not intended as limitation on other requirements or as waiver of any coverage normally provided by any given policy. Specific reference to a coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all-inclusive. 17. CONTRACTOR agrees to provide immediate notice to COUNTY of any claim or loss against CONTRACTOR arising out of the work performed under this agreement. COUNTY assumes no obligation or liability by such notice but has the right(but not the duty)to monitor the handling of any such claim or claims if they are likely to involve COUNTY. 14 Professional Services Contract, Olympic Health & Recovery Services January 2022 EXHIBIT C BUDGET Submit monthly invoice request electronically to Stacey Ells at staceye(d_)masoncountywa.gov and cc Casey Bingham caseyb@masoncountywa.gov Olympic Health and Recovery Services Budget Details TBD Maximum Contract Total 700,000 Payment: Funding will be disbursed upon submitting the program reports and expenditure invoice according to the vendor payment schedule of the County Assessor's Office. Invoices are paid providing the CONTRACTOR performs the services, all expenses are allowable, and submits all reporting to a satisfactory level. COUNTY will reimburse CONTRACTOR for actual expenditures incurred each month. Payment is considered timely when paid within thirty days from the date the invoice was approved. 15 Professional Services Contract, Olympic Health & Recovery Services January 2022 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Mike Collins, PE, PLS, Deputy Director/ County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: March 1, 2022 Agenda Item # BRIEFING DATE: February 14 2022 BRIEFING PRESENTED BY: Mike Collins [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Ecology Notice of Intent Nutrient General Permit for Rustlewood Wastewater Treatment Plant BACKGROUND: Discharge of excess nutrients to Puget Sound contributes to low oxygen levels and water quality impairment listings. Domestic Wastewater Treatment Plants (WWTPs) are one of the contributors to existing low oxygen levels. The Clean Water Act and federal rules require WWTPs to take-action. In response, the Department of Ecology is requiring a new permit—the Nutrient General Permit. The new permit applies to the 58 domestic WWTPs with marine discharges to Puget Sound including the County's Rustlewood WWTP. The permit is effective for five (5) years (2022-2026). Ecology is requiring facilities to: • Monitor wastewater for nutrient reductions, and collect data to support potential water quality trading among facilities. • Optimize current treatment processes to remove as much nitrogen as possible. • Plan for future facility upgrades to control nutrients. Ecology is providing grants for required permit activities. Mason County is eligible for up to — $334,000 per published grant funding guidelines. Operation staff is currently performing testing for the future required Puget Sound Nutrient General Permit. RECOMMENDED ACTION: Request the Board authorize the following actions for the Ecology Nutrient General Permit for the Rustlewood Wastewater Treatment Plant: 1. Chair to sign the Notice of Intent— Nutrient General Permit; 2. Chair to sign the Electronic Signature Agreement Form Delegate signature authority to Richard Dickinson and Justin Phelps to submit reports/documents after the permit has been issued by Ecology; 3. Sign a letter to DOE approving these actions after the permit has been issued by Ecology. ATTACHMENTS: 1. Notice of Intent - Nutrient General Permit 2. DRAFT Electronic Signature Agreement Forms 3. DRAFT DOE Letter --� Notice of Intent DEPARTMENT OF Nutrient General Permit ECOLOGY NOI Version: 1 State of Washingtcn Application Type: iz New C Renewal Permit Number: Application Id: 38207 A. Site Location Facility Name: RUSTLEWOOD STP Street Address: 110 E RUSTLE WAY City: Shelton County: Mason Zip Code: 98584-0578 Latitude: 47.283550 Longitude: B. Contact Information Legal Responsible Party Honorific: First Name: Kevin Last Name: Shutty Organization Name: Mason County Dept of Utilities &Waste Title: Chairman Management Mailing Address: PO Box 578 City: Shelton State: WA Zip Code: 98584-0578 Email: Primary Phone: 360-427-9670 Secondary Phone: 360-427-9670 UBI Number: Operator Honorific: First Name: Justin Last Name: Phelps Organization Name: Mason County Dept of Utililties &Waste Title: Water&Wastewater Manager Management Mailing Address: 100 Public Works Dr City: Shelton State: WA Zip Code: 98584-9714 Email: jphelps@masoncountywa.gov Primary Phone: 360-490-5612 Secondary Phone: UBI Number: Permittee Honorific: First Name: Last Name: Organization Name: Mason County Dept of Utilities &Waste Title: Management Mailing Address: PO Box 578 City: Shelton State: WA Zip Code: 98584-0578 Email: Primary Phone: 360-427-9670 Secondary Phone: 360-427-9670 UBI Number: Page 1 of 3 Project Manager Honorific: First Name: Richard Last Name: Dickinson Organization Name: Mason County Utilities&Waste Management Title: Deputy Director Mailing Address: 100 Public Works Dr City: Shelton State: WA Zip Code: 98584-9714 Email: rdickinson@masoncountywa.gov Primary Phone: 360-427-9670 X652 Secondary Phone: UBI Number: Site Contact Honorific: First Name: Loretta Last Name: Swanson Organization Name: Mason County Dept of Utilities&Waste Title: Public Works Director Management Mailing Address: PO Box 578 City: Shelton State: WA Zip Code: 98584-0578 Email: lorettas@co.mason.wa.us Primary Phone: 360-427-9670 Secondary Phone: 360-427-9670 UBI Number: C. Surface Water Outfall Location Outfall Outfall Description Surface Waterbody Name Outfall Type Latitude Longitude Number 001 Pickering Passage Puget Sound Surface Water Body 47.331700 -122.551600 D. Monitoring Point Locations Monitoring Monitoring Point Monitoring Point Outfall Active Latitude/ Point Code Name Type Number Longitude INF Influent Domestic Influent 001 Yes 47.331700 -122.551600 001 Pickering Passage Domestic Final 001 Yes 47.331700 Effluent -122.551600 RF Rainfall Rainfall 001 Yes 47.331700 -122.551600 CL2 Chlorine Domestic Final 001 Yes 47.331700 Effluent -122.551600 E. Site Information Is your WWTP part of King County, Lakehaven Water and Sewer District or Southwest Suburban ❑ Yes® No Sewer District? If yes,would you like a bubbled action level? ❑ Yes❑ No What category of loader is this WWTP? ® Small ❑ Moderate ❑ Dominant F. Certification of Permittees `7 certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. 1 am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." Page 2 of 3 Permittee Signature Date Submission IQ: 1808633 Page 3 of 3 Electronic Signature Agreement Form i t Washington State Department of Ecology For Ecology Use Only Date Received: Water Quality Program Form Reviewed Entered Verified D EPA t N1 E NT OP Headquarters:(360)407-7097 ECOLOGY Web site:wvw.ecy.wa.govlprograms/wg ESAF state of wash''A on 1.Site Location Information If you are applying for multiple facilities/permits, please include a list containing the site location information and permit numbers for all requested facilities/permits. Slte/Facility Name: Rustlewcod Wastewater Treatment Plant Site Location Address: 111 East Rustle Way City/State/Zip: Grapeview,Washington 98546 Permit Number: WA0038075 2. Electronic Signer Contact Information Role: 0 Facility Signer ❑ Facility Coordinator Signature Account User Name: Full Name: Richard Dickinson Work Mailing Address: 100 W Public Works Drive CitylState/Zip: Shelton,Washington 98584 Work Phone No.(Ext): (360)427-9670 Ext 457 Rdickinson@masoncountywa.gov Work Email Address: 3. Proof of Identity Please include a copy of one of the following documents,with your name on the document,with your ESAF to prove your association with the facility-(ies): • Your permit's letter of coverage; • Your permit's cover sheet; • A previously submitted DMR; • A correspondence from Ecology that has both the facility name and permit number on the same page; • Signature authority delegation letter signed by the permittee(responsible official). 4. Electronic Signature Agreement and Certification Statement By completing and submitting this form to Ecology, I agree to follow the rules and procedures governing the Electronic Signature account. I also agree that the reports and documents I submit under my Electronic Signature will be used as the corresponding paper report would. 5.Clean Water Act Certification Statement All submittals to the Department of Ecology under this WQWebPortal application are subject to the following certification,as required by federal and state regulations: 1 certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. The information submitted is, to the best of my knowledge and belief, true,accurate, and complete and/am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. 6. Certification Statement I agree that I will: I agree that I will not: • Protect my Electronic Signature account,which includes Let anyone else use my Electronic Signature account. my answers to the verification questions and my password; • Review the content and meaning of my submitted Annual Reports and Notifications; • Within 24 hours of discovery, report to Ecology if: o My Electronic Signature account is lost, stolen or used by someone else; o There is any difference between the information I submitted and the information displayed in WebDMR; o My role as a signer for this organization changes. R.D. Agree: R.D. (initial here Agree: (initial mere) 9 (i ) I, (print Electronic Signer's narne), understand that: 1. My electronic signature is legally the sarne as my handwritten signature for the purpose of compliance with the relevant environmental regulations; 2. A failure to timely notify Ecology of a possible misuse of my Electronic Signature account may result in my liability for the information submitted; 3. There are significant penalties for submitting false information, including possible fines and imprisonment, related to the federal Department of Justice and federal environmental program; 4. 1 will be asked to verify that I am following the rules outlined in this agreement when I electronically submit documents. 7.Signature of Electronic Signer _ 02/09/2022 Electronic,igner's Signature Date Richard L Dickinson PW Deputy Director - U&W Mgt Name(print or type) Title 8.Signature of Permittee(Responsible Official) I, (insert name of permittee or responsible official)acknowledge that the individual named above works at/for (insert site/facility name)and is authorized to submit documents on the site's/facility's behalf. I understand that I will be contacted by Ecology to validate the account holder's employment at the site/facility name listed above. Signature Date Name(print or type) Title Note:You may skip this section if the responsible official has written,signed,and attached a delegation letter to this form or if the responsible official completes this form. If you need this document in a version for the visually impaired call the Water Quality Program at 360-407-6401. Persons with hearing loss, call 711 for Washington Relay Service. Persons with a speech disability, call 877-833-6341. 9.Assign Administrator I, (insert name of permittee or responsible official)acknowledge that (person being assigned)is authorized to be an administrator on the site's/facility's behalf. I understand that I will be contacted by Ecology to validate the account holder's employment at the site/facility name listed above. Signature Date Name(print or type) Title Note:You may skip this section if the responsible official has written,signed,and attached a delegation letter to this form,if the responsible official completes this form,or if the responsible official is not assigning a person to the administrator role. *Due to COVID and limited access to the office,we are accepting scanned Electronic Signature Agreement Forms (ESAF). When it is safe and you are able, please mail the original signed ESAF to Ecology for our official records. Stormwater Permit Facilities—Industrial Major Industrial Facilities (NPDES and and Construction Stormwater State Waste Discharge Permits) Washington Department of Ecology Washington Department of Ecology Water Quality Program Stormwater IT Solid Waste Management Program PO Box 47699 Industrial Section Olympia, WA 98504-7699 ATTN: Ewa Kotwicka 360-407-7097 PO Box 47600 wgwebportal@ecy.wa.gov Olympia, WA 98504-7600 360-407-6945 WQWebDMR-Industrial@ecy.wa.gov For all other permits, please contact one of the following offices: Clallam, Clark, Cowlitz, Grays Harbor, Jefferson, Mason, Adams, Asotin, Columbia, Ferry, Franklin, Garfield, Grant, Lewis, Pacific, Pierce, Skamania, Thurston, and Lincoln, Pend Oreille, Spokane, Stevens, Walla Walla, and Wahkiakum counties Whitman counties Washington Department of Ecology Washington Department of Ecology Water Quality Program - SWRO Water Quality Program - ERO PO Box 47775 4601 N Monroe Olympia, WA 98504-7775 Spokane, WA 99205-1295 360-407-6300 509-329-3400 WQWebDMR-SWRO@ecy.wa.gov WQWebDMR-ERO@ecy.wa.gov Benton, Chelan, Douglas, Kittitas, Klickitat, Okanogan, Island, King, Kitsap, San Juan, Skagit, Snohomish, and and Yakima counties Whatcom counties Washington Department of Ecology Washington Department of Ecology Water Quality Prograrn -CRO Water Quality Progr•arn - NWRO 1250 W Alder St ATTN: Chris Smith Union Gap,WA 98903-0009 PO Box 330316 509-575-2490 Shoreline, WA 98133-9716 WQWebDMR-CRO@ecy.wa.gov 206-594-0169 WQWebDMR-NWRO@ecy.wa.gov Electronic Signature Agreement Form Washington State Department of Ecology For Ecology Use Only Date Received: Water Quality Program Form Reviewed Entered Verified o EPART M ENT of Headquarters:(360)407-7097 ECOLOGY Web site:www.ecy.wa.gov/programs/wq ESAF 1.Site Location Information If you are applying for multiple facilities/permits, please include a list containing the site location information and permit numbers for all requested facilities/permits. Site/Facility Name: Rustlewood Wastewater Treatment Plant Site Location Address: 111 East Rustle Way City/State/Zip: Grapeview,Washington 98546 Permit Number: WA0038075 2.Electronic Signer Contact Information Role: ❑ Facility Signer ❑ Facility Coordinator Signature Account User Name: Jtphelps Full Name: Justin Phelps Work Mailing Address: 100 W Public Works Drive City/State/Zip: Shelton,Washington 98584 Work Phone No.(Ext): (360)427-9670 Ext 457 Work Email Address: jphelps@masoncountywa.gov 3.Proof of Identity Please include a copy of one of the following documents,with your name on the document,with your ESAF to prove your association with the facility-(ies): • Your permit's letter of coverage; • Your permit's cover sheet; • A previously submitted DMR; • A correspondence from Ecology that has both the facility name and permit number on the same page, • Signature authority delegation letter signed by the permittee(responsible official). 4.Electronic Signature Agreement and Certification Statement By completing and submitting this form to Ecology, I agree to follow the rules and procedures governing the Electronic Signature account. I also agree that the reports and documents I submit under my Electronic Signature will be used as the corresponding paper report would. 5.Clean Water Act Certification Statement All submittals to the Department of Ecology under this WQWebPortal application are subject to the following certification, as required by federal and state regulations: I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. The information submitted is, to the best of my knowledge and belief, true, accurate, and complete and I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. 6.Certification Statement I agree that I will: I agree that I will not: • Protect my Electronic Signature account,which includes • Let anyone else use my Electronic Signature account. my answers to the verification questions and my password; • Review the content and meaning of my submitted Annual Reports and Notifications; • Within 24 hours of discovery, report to Ecology if: o My Electronic Signature account is lost, stolen or used by someone else; o There is any difference between the information I submitted and the information displayed in WebDMR; o My role as a signer for this organization changes. 'S Agree:\ A here Agree: J� (initial here) 9 (initial ) (print Electronic Signer's name), understand that: 1. My electronic signature is legally the same as my handwritten signature for the purpose of compliance with the relevant environmental regulations; 2. A failure to timely notify Ecology of a possible misuse of my Electronic Signature account may result in my liability for the information submitted; 3. There are significant penalties for submitting false information, including possible fines and imprisonment, related to the federal Department of Justice and federal environmental program, 4. 1 will be asked to verify that I am following the rules outlined in this agreement when I electronically submit documents. 7.Signature of Electronic Signer This form cannot be processed without a handwritten signature. Electro c Signer's Signature Date J yb6r\ NAP5 Omer �— We t�ei,,c}ef r_'a,uGtf Name(print or type) Title 8.Signature of Permittee(Responsible Official) This form cannot be processed without a handwritten signature. I, (insert name of permittee or responsible official)acknowledge that the individual named above works at/for (insert site/facility name)and is authorized to submit documents on the site's/facility's behalf. I understand that I will be contacted by Ecology to validate the account holder's employment at the site/facility name listed above. Signature Date Name(print or type) Title Note:You may skip this section if the responsible official has written,signed,and attached a delegation letter to this form or if the responsible official completes this form. If you need this document in a version for the visually impaired call the Water Quality Program at 360-407-6401. Persons with hearing loss, call 711 for Washington Relay Service. Persons with a speech disability, call 877-833-6341. 9.Assign Administrator This section cannot be processed without a handwritten signature. I, (insert name of permittee or responsible official)acknowledge that (person being assigned)is authorized to be an administrator on the site's/facility's behalf. I understand that I will be contacted by Ecology to validate the account holder's employment at the site/facility name listed above. Signature Date Name(print or type) Title Note:You may skip this section if the responsible official has written,signed,and attached a delegation letter to this form,if the responsible official completes this form,or if the responsible official is not assigning a person to the administrator role. *Due to COVID and limited access to the office, we are accepting scanned Electronic Signature Agreement Forms (ESAF). When it is safe and you are able, please mail the original signed ESAF to Ecology for our official records. Stormwater Permit Facilities—Industrial Major Industrial Facilities(NPDES and and Construction Stormwater State Waste Discharge Permits) Washington Department of Ecology Washington Department of Ecology Water Quality Program Stormwater IT Solid Waste Management Program PO Box 47699 Industrial Section Olympia,WA 98504-7699 ATTN: Ewa Kotwicka 360-407-7097 PO Box 47600 wgwebportal@ecy.wa.gov Olympia,WA 98504-7600 360-407-6945 WQWebDMR-Industrial@ecy.wa.gov For all other permits, please contact one of the following offices: Clallam, Clark, Cowlitz, Grays Harbor, Jefferson, Mason, Adams, Asotin, Columbia, Ferry, Franklin, Garfield, Grant Lewis, Pacific, Pierce, Skamania, Thurston, and Lincoln, Pend Oreille, Spokane, Stevens, Walla Walla, and Wahkiakum counties Whitman counties Washington Department of Ecology Washington Department of Ecology Water Quality Program -SWRO Water Quality Program - ERO PO Box 47775 4601 N Monroe Olympia,WA 98504-7775 Spokane,WA 99205-1295 360-407-6300 509-329-3400 WQWebDMR-SWRO@ecy.wa.gov WQWebDMR-ERO@ecy.wa.gov Benton, Chelan, Douglas, Kittitas, Klickitat Okanogan, Island, King, Kitsap, San Juan, Skagit, Snohomish, and and Yakima counties Whatcom counties Washington Department of Ecology Washington Department of Ecology Water Quality Program -CRO Water Quality Program - NWRO 1250 W Alder St ATTN: Chris Smith Union Gap,WA 98903-0009 PO Box 330316 509-575-2490 Shoreline,WA 98133-9716 WQWebDMR-CRO@ecy.wa.gov 206-594-0169 WQWebDMR-NWRO@ecy.wa.gov DRAFT Department of Ecology Southwest Regional Office Attn: Ms. Carey Cholski P.O. Box 47775 Olympia, WA 98504-7775 RE: Puget Sound Nutrient General Permit (PSNGP) Permit No. Rustlewood Wastewater Treatment Plant Dear Ms. Cholski, This letter authorizes, Richard Dickinson, Deputy Director Utilities and Waste Management, and Justin Phelps, Water/Wastewater Manager, to sign all reports, Notices of Intents and all other correspondence that may be required by the Department of Ecology as per our PSNGP as described below. Any person signing documents related to the PSNGP No. agrees to the following statement: "1 certify under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering information, the information is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment." Sincerely, Randy Neatherlin, Mason County Commissioner, District 1,Chair Date Kevin Shutty, Mason County Commissioner, District 2,Vice Chair Date Sharon Trask, Mason County Commissioner, District 3 Date MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Diane Zoren for Mark Neary Action Agenda x Public Hearing Other DEPARTMENT: Support Services EXT: 747 DATE: March 1, 2022 Agenda Item # Commissioner staff to complete) BRIEFING DATE: 2/14/22 BRIEFING PRESENTED BY: Support Services [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval to amend Resolution 2021-054, purchase of real property located at 2201 W Dayton Airport Road, reducing the purchase price to $280,000. Background: The County Commissioners adopted Resolution 2021-054 on 9/14/21 authorizing the purchase of real property, parcel #42004-40-00000, from PUD #3 for the purchase price of $320,000 plus closing costs. After further negotiations, an agreement has been reached to reduce the purchase price to $280,000 plus closing costs. This will be paid from REET 1 Special Fund #350. Budget Impacts: $280,000 plus closing costs from REET 1 RECOMMENDED ACTION: Approval to amend Resolution 2021-054, purchase of real property located at 2201 W Dayton Airport Road, reducing the purchase price to $280,000 Attachment(s): Resolution Aulhen!lslgn ID: 63DFFD50-948F-EC11-A507-501AC5E43BFD COMMERCIAL & INVESTMENT REAL ESTATE PURCHASE & SALE AGREEMENT SPECIFIC TERMS © Copyright 2020 rm. J / Commercial BrokersAssociation lJ:S','{ AU Rights Reserved CSA Form PS-1A Purchase & Sale Agreement Rev. 7/2020 Page 1 of 16 Reference Date: Februar 16, 2022 Offer Expiration Date: 2/25/2022 5:00pm (the third day after Reference Date, if not completed) 1. PROPERTY: The Property is legally described on ExhibitA. Address: .=2:.=Zc:0.:.l __ Wcc_D=a,.y"to"n'-'A=ir"p"o.:.r.:.t.:.Rccdc_ _______ _ City of Shelton ,_M_as_o_n _____ County, Washington. Tax Parcel No(s): ___ .:.42.:.0cc0.:.4.:.•.:.40.:.·-=0.:.0.:.00.:.0'----- Included Personal Property: 0 None; □ If on and used in connection with the Property, per Section 25 (None, if not completed). 2. BUYER(S): Mason County Government a(n) --------------------------------------- 3. SELLER(S): Mason County PUD 3 a(n) 4. PURCHASE PRICE:$ 280,000.00 Two Hundred Eighty Thousand Dollars Payable as: 0 Cash; □ Financing (attach CBA Form PS_FIN); □Other: __________________ _ 5. EARNEST MONEY:$ 5,000.00 Dollars; Held by: □ Selling Firm; 0 Closing Agent Form of Earnest Money: D Wire/Electronic Transfer; D Check; D Note (attach CBA Form PS_EMN); 0 Other: Wire or Check Earnest Money Due Date: □ ____ days after Mutual Acceptance; 0 10 days after the Feasibility Contingency Date; or □ ------------- 6. FEASIBILITY CONTINGENCY DATE: ___ 03_/_3_1/_2_02_2_ (30 days after Mutual Acceptance if not completed.) 7. CLOSING DATE: 0 6/30/2022 · □ __ days after ______________________ _ 8. CLOSING AGENT: ,,cM.:.a,,,s,.,o"'n'-'C""o""u"n""ty'--"T-"itccle'-------------------------------- 9. TITLE INSURANCE COMPANY: ------------~M=•.:.so.:.n.:..=C-=o-=u~n~ty~E.:.s.:.cr-=o-=w~------------ 10. DEED: 0 Statutory Warranty Deed; or □ Bargain and Sale Deed. 11. POSSESSION: 0 on closing; □ Other: _____________________ (on closing if not completed). 12. SELLER CITIZENSHIP {FIRPTA): Seller □ is; 0 is nol a foreign person for purposes of U.S. income taxation. 13. BUYER'S DEFAULT: (check only one) 0 Forfeiture of Earnest Money; □ Seller's Election of Remedies. 14. SELLER'S DEFAULT: {check only one) 0 Recover Earnest Money or Specific Enforcement; □ Buyer's Election of Remedies. 15. UNPAID UTILITIES: Buyer and Seller 0 Do Not Waive (attach CBA Form UA); □ Waive 16. AGENCY DISCLOSURE: Selling Broker represents: 0 Buyer; □ Seller; □ both parties; □ neither party Listing Broker represents: □ Seller; □ both parties 17. EXHIBITS AND ADDENDA. The following Exhibits and Addenda are made a part of this Agreement: □ Earnest Money Promissory Note, CBA Form EMN □ Back-Up Addendum, CBA Form BU-A □ Blank Promissory Note, LPB Form No. 28A □ Vacant Land Addendum, CBA Form VLA □ Blank Short Form Deed of Trust, LPB Form No. 20 □ Financing Addendum, CBA Form PS _FIN □ Blank Deed of Trust Rider, CBAForm DTR □ Tenant Estoppel Certificate, CBA FormPS_TEC 0 Utility Charges Addendum, CBA Form UA □ Defeasance Addendum, CBA Form PS_D □ FIRPTA Certification, CBA Form 22E □ Lead-Based Paint Disclosure, CBA Form LP-LS D Assignment and Assumption, CBA Form PS-AS 0 Other Forms shall be NWMLS Forms 0 Addln~u 1 ~"l'mendment, CBA Form PSA 0 Other 22D, 22S, 35, 41A, & 41C INITIALS: Buyer~ Date __ 0_2_f_l6 /Z0 2_2 ____ Seller~/J~-(,, ______ Date ,;Z_/z i/;2,,;·;;:_;;z Buyer __ ~ ______ ,Date _ _______ Seller _________ Date _____ _ Authenlisign 10: 630FF050-S48F-EC 11 -A507-501 AC5E43BFO © Copyright 2020 ,...,...,. • / Commercial BrokersAssociation lJil{ All Rights Reserved CSA Form PS-1A Purchase & Sale Agreement Rev. 712020 Page 2 of 16 COMMERCIAL & INVESTMENT REAL ESTATE PURCHASE & SALE AGREEMENT(CONTINUED} 18.IDENTIFICATION OF THE PARTIES. The following is the contact information for the parties involved in this Agreement: Buyer{s}: Contact: Mason County Government Address: ___ 4_1_1 _____ "_' ,._.,,_, •_'"_''_' s_,,_,'°_" _\_V_A_9_8_5_8_4_ Business Phone: 360-427-9670 --------------- Cell Phone: _______________ _ Fax: ___________________ _ Email: 411 N 5th St Ste 1, Shelton, WA 98584 Selling Firm Name: Richard Beckman Rlty Group LLC Assumed Name: ______________ _ Selling Broker: Richard Beckman Selling Broker DOL License No.: _9_8 _4_2_1 _____ _ Firm Address: PO Box Y Shelton Firm Phone: (360) 426-5521 Broker Phone: (360) 790-1921 WA 98584 ---------------- Firm Email: ________________ _ Broker Email: richard@richardbeckman.com Fax: (360) 426-1645 CBA Office No.: 4537 --------------- Se Iii n g Firm DOL License No.: _9_6_2_8 _______ Copy of Notices to Buyer to: Name: __________________ _ Company: ________________ _ Address: Business Phone: Fax: Cell Phone: _______________ _ Email: __________________ _ Seller{s): contact: Mason County PUD 3 Address: 2201 w Doyton Airport Rd Shelton WA 98584 Business Phone: _____________ _ Cell Phone: _______________ _ Fax: __________________ _ Email: Listing Firm Name: _________________ _ Assumed Name: Listing Broker: ______________ _ Listing Broker DOL License No.: _______ _ Firm Address: ______________ _ Firm Phone: _______________ _ Broker Phone: ______________ _ Firm Email: _______________ _ Broker Email: ______________ _ Fax: __________________ _ CBA Office No.: _____________ _ Listing Firm DOL License No., ________ _ Copy of Notices to Seller to: Name: _Robert W. Johnson_______ _ Company: _Robert W. Johnson P.L.L.C._____ _ Address: __P.O. Box 1400_________ _ Business Phone: _360-426-9728_______ _ Fax: ______360-426-1902_______ _ Cell Phone: ___360-7899-2699__________ _ Email: rjohnson@rwjpllc.com INITIALS: BuyerlRN] Date_0_2_J 1_6_J_2_0_2_2 ____ Seller_f,;a�c ="'-----Date Buyer_ _ ____ Date. ______ _ __Seller _________ Date _____ _ Authentlslgn ID: 63DFFD50•948F-EC11•A507•501AC5E43BFD COMMERCIAL & INVESTMENT REAL ESTATE PURCHASE & SALE AGREEMENT (CONTINUED) GENERAL TERMS © Copyright 2020 rn-.., ./ Commercial BrokersAssocialion lJ::SI{" All Rights Reserved CBA Form PS-1A Purchase & Sale Agreement Rev. 7/2020 Page 3 of 16 19. Purchase and Sale. Buyer agrees to buy and Seller agrees to sell the commercial real estate identified in Section 1 as the Property and all improvements thereon. Unless expressly provided otherwise in this Agreement or its Addenda, the Property shall include (i) all of Seller's rights, title and interest in the Property, (ii) all easements and rights appurtenant to the Property, (iii) all buildings, fixtures, and improvements on the Property, (iv) all unexpired leases and subleases; and (v) all included personal property. 20. Acceptance; Counteroffers. If this offer is not timely accepted, it shall lapse and the earnest money shall be refunded to Buyer. If either party makes a future counteroffer, the other party shall have until 5:00 p.m.on the ___ day (if not filled in, the second day) following receipt to accept the counteroffer, unless sooner withdrawn. If the counteroffer is not timely accepted or countered, this Agreement shall lapse and the earnest money shall be refunded to Buyer. No acceptance, offer or counteroffer from Buyer is effective until a signed copy is received by Seller, the Listing Broker or the licensed office of the Listing Broker. No acceptance, offer or counteroffer from Seller is effective until a signed copy is received by Buyer, the Selling Broker or the licensed off[ce of the Selling Broker. "Mutual Acceptance" shall occur when the last counteroffer is signed by the otferee, and the fully-signed counteroffer has been received by the offerer, his or her broker, or the licensed office of the broker. If any party is not represented by a broker, then notices must be delivered to that party and shall be effective when received by that party. 21. Earnest Money. Selling Broker and Selling Firm are authorized to transfer Earnest Money to Closing Agent as necessary. Selling Firm shall deposit any check to be held by Selling Firm within 3 days after receipt or Mutual Acceptance, whichever occurs later. If the Earnest Money is to be held by Selling Firm and is over $10,000, it shall bedeposited to: □ the Selling Firm's pooled trust account (with interest paid to the State Treasurer); or O a separate interest bearing trust account in Selling Firm's name, provided that Buyer completes an IRS Form W-9 (if not completed, separate interest bearing trust account). The interest, if any, shall be credited at closing to Buyer. If this sale fails to close, whoever is entitled to the Earnest Money is entitled to interest. Unless otherwise provided in this Agreement, the Earnest Money shall be applicable to the Purchase Price. 22. Title Insurance. a. Title Report. Seller authorizes Buyer, its Lender, Listing Broker, Selling Broker or Closing Agent, at Seller's expense, to apply for and deliver to Buyer a standard coverage owner's policy of title insurance from the Title Insurance Company. Buyer shall have the discretion to apply for an extended coverage owner's policy of title insurance and any endorsements, provided that Buyer shall pay the increased costs associated with an extended policy including the excess premium over that charged for a standard coverage policy, the cost of any endorsements requested by Buyer, and the cost of any survey required by the title insurer. If Seller previously received a preliminary commitment from a title insurer that Buyer declines to use, Buyer shall pay any cancellation fee owing to the original title insurer. Otherwise, the party applying for title insurance shall pay any title cancellation fee, in the event such a fee is assessed. b. Permitted Exceptions. Buyer shall notify Seller of any objectionable matters in the title report or any supplemental report within the earlier of: (a) 1.1!._days (20 days if not completed) after receipt of the preliminary commitment for title insurance; or(b) INITIALS: 02/16/2022 I J /1 Date _________ Se!ler_~~~L✓-~------Date Buyer ________ Date_ , _Seller _________ Date _____ _ Authenllslgn ID: 63DFFD50-948F-EC11-A507-501AC5E43BFD COMMERCIAL & INVESTMENT REAL ESTATE PURCHASE & SALE AGREEMENT (CONTINUED) © Copyright 2020 ,.......,,_ 1 / Commercial BrokersAssociation ~ All Rights Reserved CBA Form PS-1A Purchase & Sale Agreement Rev. 712020 Page 4 of 16 the Feasibility Contingency Date. This Agreement shall terminate and Buyer shall receive a refund of the earnest money, less any costs advanced or committed for Buyer, unless within five (5) days of Buyer's notice of such objections Seller shall give notice, in writing, of its intent to remove all objectionable provisions before Closing. If Seller fails to give timely notice that it will clear all disapproved objections, this Agreement shall automatically terminate and Buyer shall receive a refund of the earnest money, less any costs advanced or committed for Buyer, unless Buyer notifies Seller within three (3) days that Buyer waives any objections which Seller does not agree to remove. If any new title matters are disclosed in a supplemental title report, then the preceding termination, objection and waiver provisions shall apply to the new title matters except that Buyer's notice of objections must be delivered within three (3) days of receipt of the supplemental report by Buyer and Seller's response or Buyer's waiver must be delivered within two (2) days of Buyer's notice of objections. The Closing Date shall be extended to the extent necessary to permit time for these notices. Buyer shall not be required to object to any mortgage or deed of trust liens, or the statutory lien for real property taxes, and the same shall not be deemed to be Permitted Exceptions; provided, however, that the lien securing any financing which Buyer has agreed to assume shall be a Permitted Exception. Except for the foregoing, those provisions not objected to or for which Buyer waived its objections shall be referred to collectively as the "Permitted Exceptions." Seller shall reasonably cooperate with Buyer and the title company to clear objectionable title matters and shall provide an affidavit containing the information and reasonable covenants requested by the title company. The title policy shall contain no exceptions other than the General Exclusions and Exceptions common to such form of policy and the Permitted Exceptions. c. Title Policy. At Closing, Buyer shall receive an ALTA Form 2006 Owner's Policy of Title Insurance with standard or extended coverage (as specified by Buyer) dated as of the Closing Date in the amount of the Purchase Price, insuring that fee simple title to the Property is vested in Buyer, subject only to the Permitted Exceptions ("Title Policy"), provided that Buyer acknowledges that obtaining extended coverage may be conditioned on the Title Company's receipt of a satisfactory survey paid for by Buyer. If Buyer elects extended coverage, then Seller shall execute and deliver to the Title Company on or before Closing the such affidavits and other documents as the Title Company reasonably and customarily requires to issue extended coverage. 23. Feasibility Contingency. Buyer's obligations under this Agreement are conditioned upon Buyer's satisfaction, in Buyer's sole discretion, concerning all aspects of the Property, including its physical condition; the presence of or absence of any hazardous substances; the contracts and leases affecting the Property; the potential financial performance of the Property; the availability of government permits and approvals; and the feasibility of the Property for Buyer's intended purpose. This Agreement shall terminate and Buyer shall receive a refund of the earnest money unless Buyer gives notice that the Feasibility Contingency is satisfied to Seller before 5:00pm on the Feasibility Contingency Date. If such notice is timely given, the feasibility contingency shall be deemed to be satisfied and Buyer shall be deemed to have accepted and waived any objection regarding any aspects of the Property as they exist on the Feasibility Contingency Date. a. Books, Records, Leases, Agreements. Within ___ days (3 days if not filled in) Seller shall deliver to Buyer or post in an online database maintained by Seller or Listing Broker, to which Buyer has been given unlimited access, true, correct INITIALS: Date_o_2_1_1_6_1_2_0_2_2 ____ .Seller~?.~f~C"'"'---------'Date Buyer _________ ,Date __________ .Seller _________ ,Date _____ _ On or before March 15, 2022, Alllhentislgn ID: 63DFFDS0-948F-EC11-A507-501AC5E43BFD COMMERCIAL & INVESTMENT REAL ESTATE PURCHASE & SALE AGREEMENT (CONTINUED) © Copyright 2020 rm,/ Commercial Brokers Association ~ All Rights Reserved CBA Form PS-1A Purchase & Sate Agreement Rev. 7/2020 Page 5 of 16 and complete copies of all documents in Seller's possession or control relating to the ownership, operation, renovation or development of the Property, excluding appraisals or other statements of value, and including the following: statements for real estate taxes, assessments, and utilities for the last three years and year to date; property management agreements and any other agreements with professionals or consultants; leases or other agreements relating to occupancy of all or a portion of the Property and a suite-by-suite schedule of tenants, rents, prepaid rents, deposits and fees; plans, specifications, permits, applications, drawings, surveys, and studies; maintenance records, accounting records and audit reports for the last three years and year to date; any existing environmental reports; any existing surveys: any existing inspection reports; and "Vendor Contracts" which shall include maintenance or service contracts, and installments purchase contracts or leases of personal property or fixtures used in connection with the Property. Buyer shall determine by the Feasibility Contingency Date: (i) whether Seller will agree to terminate any objectionable Vendor Contracts; and (ii) whether Seller will agree to pay any damages or penalties resulting from the termination of objectionable Vendor Contracts. Buyer's waiver of the Feasibility Contingency shall be deemed Buyer's acceptance of all Vendor Contracts which Seller has not agreed in writing to terminate. Buyer shall be solely responsible for obtaining any required consents to such assumption and the payment of any assumption fees. Seller shall cooperate with Buyer's efforts to receive any such consents but shall not be required to incur any out-of-pocket expenses or liability in doing so. Any information provided or to be provided by Seller with respect to the Property is solely for Buyer's convenience and Seller has not made any independent investigation or verification of such information (other than that the documents are true, correct, and complete, as stated above) and makes no representations as to the accuracy or completeness of such information, except to the extent expressly provided otherwise in this Agreement. Seller shall transfer the Vendor Contracts as provided in Section 25. b. Access. Seller shall permit Buyer and its agents, at Buyer's sole expense and risk, to enter the Property at reasonable times subject to the rights of and after legal notice to tenants, to conduct inspections concerning the Property, including without limitation, the structural condition of improvements, hazardous materials, pest infestation, soils conditions, sensitive areas, wetlands, or other matters affecting the feasibility of the Property for Buyer's intended use. Buyer shall schedule any entry onto the Property with Seller in advance and shall comply with Seller's reasonable requirements including those relating to security, confidentiality, and disruption of Seller's tenants. Prior to entering the Property and while conducting any inspections, Buyer shall, at no cost or expense to Seller: (a) procure and maintain commercial general liability (occurrence) insurance in an amount no less than $2,000,000 on commercially reasonable terms adequate to insure against all liability arising out of any entry onto or inspections of the Property that lists Seller and Tenant as additional insureds; and (b) deliver to Seller prior to entry upon the Property certificates of insurance for Buyer and any applicable agents or representatives evidencing such required insurance. Buyer shall not perform any invasive testing including environmental inspections beyond a phase I assessment or contact the tenants or property management personnel without obtaining Seller's prior written consent, which shall not be unreasonably withheld, conditioned or delayed. Buyer shall restore the Property and all improvements to substantially the same condition they were in prior to inspection. Buyer shall INITIALS: 02/16/2022 /} /7 Date__ _ ____ Se!ler_J/Aec,Lf-' IL.c_, ______ ,Date Buyer _________ .Date __________ Sel!er _________ ,Date _____ _ to which documents may not be accurate Authentlslgn ID: 63DFFD50-948F-EC11-A507-501AC5E43BFO COMMERCIAL & INVESTMENT REAL ESTATE PURCHASE & SALE AGREEMENT (CONTINUED) © Copyright 2020 r,-r,. .1. / Commercial BrokersAssociation ~ All Rights Reserved CBA Form PS-1A Purchase & Sale Agreement Rev, 7/2020 Page 6 of 16 be solely responsible for all costs of its inspections and feasibility analysis and has no authority to bind the Property for purposes of statutory liens. Buyer agrees to indemnify and defend Seller from all liens, costs, claims, and expenses, including attorneys' and experts' fees, arising from or relating to entry onto or inspection of the Property by Buyer and its agents, which obligation shall survive closing. Buyer may continue to enter the Property in accordance with the foregoing terms and conditions after removal or satisfaction of the Feasibility Contingency only for the purpose of leasing or to satisfy conditions of financing. c. Buyer waives, to the fullest extent permissible by law, the right to receive a seller disclosure statement (e.g. "Form 1 ?") if required by RCW 64.06 and its right to rescind this Agreement pursuant thereto. However, if Seller would otherwise be required to provide Buyer with a Form 17, and if the answer to any of the questions in the section of the Form 17 entitled "Environmental" would be "yes," then Buyer does not waive the receipt of the "Environmental" section of the Form 17 which shall be provided by Seller. 24. Conveyance. Title shall be conveyed subject only to the Permitted Exceptions. lf this Agreement is for conveyance of Seller's vendee's interest in a Real Estate Contract, the deed shall include a contract vendee's assignment sufficient to convey after-acquired title. At Closing, Seller and Buyer shall execute and deliver to Closing Agent CSA Form PS-AS Assignment and Assumption Agreement transferring all leases and Vendor Contracts assumed by Buyer pursuant to Section 25(b) and all intangible property transferred pursuant to Section 25(b). 25. Personal Property. a. If this sale includes the personal property located on and used in connection with the Property, Seller will itemize such personal property in an Exhibit to be attached to this Agreement within ten (10) days of Mutual Acceptance. The value assigned to any personal property shall be $ _________ (if not completed, the County-assessed value if available, and if not available, the fair market value determined by an appraiser selected by the Listing Broker and Selling Broker). Seller warrants title to, but not the condition of, the personal property and shall convey it by bill of sale. b. In addition to the leases and Vendor Contracts assumed by Buyer pursuant to Section 24above, this sale includes all right, title and interest of Seller to the following intangible property now or hereafter existing with respect to the Property including without limitation: all rights-of-way, rights of ingress or egress or other interests in, on, or to, any land, highway, street, road, or avenue, open or proposed, in, on, or across, in front of, abutting or adjoining the Property; all rights to utilities serving the Property; all drawings, plans, specifications and other architectural or engineering work product; all governmental permits, certificates, licenses, authorizations and approvals; all rights, claims, causes of action, and warranties under contracts with contractors, engineers, architects, consultants or other parties associated with the Property: all utility, security and other deposits and reserve accounts made as security for the fulfillment of any of Seller's obligations; any name of or telephone numbers for the Property and related trademarks, service marks or trade dress; and guaranties, warranties or other assurances of performance received. INITIALS: 02/16/2022 a ;I Date _________ ~Seller __ ~~V~----~Date Buyer_ _ ____ .Date __________ Seller _________ Date _____ _ within Seller's actual knowledge, without investigation Authentislgn ID: 63DFFD50•948F·EC11-A507•501AC5E438FD COMMERCIAL & INVESTMENT REAL ESTATE PURCHASE & SALE AGREEMENT (CONTINUED) © Copyright 2020 rn-i. .1 / Commercial Brokers Association lJ:St: All Rights ReseNed CBA Form PS· 1A Purchase & Sale Agreement Rev. 7/2020 Page 7 of 16 26. Seller's Underlying Financing. Unless Buyer is assuming Seller's underlying financing, Seller shall be responsible for confirming the existing underlying financing is not subject to any "lock out" or similar covenant which would prevent the lender's lien from being released at closing. In addition, Seller shall provide Buyer notice prior to the Feasibility Contingency Date if Seller is required to substitute securities for the Property as collateral for the underlying financing (known as "defeasance"). lf Seller provides this notice of defeasance to Buyer, then the parties shall close the transaction in accordance with the process described in CBA Form PS_D or any different process identified in Seller's defeasance notice to Buyer. 27. Closing of Sale. Buyer and Seller shall deposit with Closing Agent by 12:00 p.m. on the scheduled Closing Date all instruments and monies required to complete the purchase in accordance with this Agreement. Upon receipt of such instruments and monies, Closing Agent shall cause the deed to be recorded and shall pay to Seller, in immediately available funds, the Purchase Price less any costs or other amounts to be paid by Seller at Closing. "Closing" shall be deemed to have occurred when the deed is recorded and the sale proceeds are available to Seller. Time is of the essence in the performance of this Agreement. Sale proceeds shall be considered available to Seller, even if they cannot be disbursed to Seller until the next business day after Closing. Notwithstanding the foregoing, if Seller informed Buyer before the Feasibility Contingency Date that Seller's underlying financing requires that it be defeased and may not be paid off, then Closing shall be conducted in accordance with the three(3)~day closing process described in CBA Form PS_D. This Agreement is intended to constitute escrow instructions to Closing Agent. Buyer and Seller will provide any supplemental instructions requested by Closing Agent provided the same are consistent with this Agreement. 28. Closing Costs and Prorations. Seller shall deliver an updated rent roll to Closing Agent not later than two (2) days before the scheduled Closing Date in the form required by Section 23(a) and any other information reasonably requested by Closing Agent to allow Closing Agent to prepare a settlement statement for Closing. Seller certifies that the information contained in the rent roll is correct as of the date submitted. Seller shall pay the premium for the owner's standard coverage title policy. Buyer shall pay the excess premium attributable to any extended coverage or endorsements requested by Buyer, and the cost of any survey required in connection with the same. Seller and Buyer shall each pay one-half of the escrow fees. Any real estate excise taxes shall be paid by the party who bears primary responsibility for payment under the applicable statute or code. Real and personal property taxes and assessments payable in the year of closing; collected rents on any existing tenancies; expenses already incurred by Seller that relate to services to be provided to the Property after the Closing Date: interest; utilities; and other operating expenses shall be pro- rated as of Closing. Seller will be charged and credited for the amounts of all of the pro-rated items relating to the period up to and including 11 :59 pm Pacific Time on the day preceding the Closing Date, and Buyer will be charged and credited for all of the pro- rated items relating to the period on and after the Closing Date. If tenants pay any of the foregoing expenses directly, then Closing Agent shall only pro rate those expenses paid by Seller. Buyer shall pay to Seller at Closing an additional sum equal to any utility deposits or mortgage reserves for assumed financing for which Buyer receives the benefit after Closing. Buyer shall pay all costs of financing including the premium for the lender's title policy. If the Property was taxed under a deferred classification prior to Closing, then Seller shall pay all taxes, interest, penalties, deferred taxes or similar items which result from removal of the Property from the deferred classification. At Closing, all refundable deposits on tenancies shall be credited to Buyer or delivered to Buyer for deposit INITIALS: 02/16/2022 a•/>' Date _________ Seller_..:Vi..:...:'-'=:... _____ ,Date Buyer _________ .Date_~ _______ Seller _________ ,Date _____ _ Authentlslgn ID: 63DFFD50-948F-EC11-A507-501ACSE43BFD COMMERCIAL & INVESTMENT REAL ESTATE PURCHASE & SALE AGREEMENT (CONTINUED) © Copyright 2020 .,...,,....,. "_/ Commercial BrokersAssociation ~ All Rights Reserved CBA Form PS-1A Purchase & Sale Agreement Rev. 7/2020 Page 8 of 16 in a trust account if required by state or local law. Buyer shall pay any sales or use tax applicable to the transfer of personal property included in the sale. 29. Post-Closing Adjustments, Collections, and Payments. After Closing, Buyer and Seller shall reconcile the actual amount of revenues or liabilities upon receipt or payment thereof to the extent those items were prorated or credited at Closing based upon estimates. Any bills or invoices received by Buyer after Closing which relate to services rendered or goods delivered to the Seller or the Property prior to Closing shall be paid by Seller upon presentation of such bill or invoice. At Buyer's option, Buyer may pay such bill or invoice and be reimbursed the amount paid plus interest at the rate of 12% per annum beginning fifteen (15) days from the date of Buyer's written demand to Seller for reimbursement until such reimbursement is made. Notwithstanding the foregoing, if tenants pay certain expenses based on estimates subject to a post-closing reconciliation to the actual amount of those expenses, then Buyer shall be entitled to any surplus and shall be liable for any credit resulting from the reconciliation. Rents collected from each tenant after Closing shall be applied first to rentals due most recently from such tenant for the period after closing, and the balance shall be applied for the benefit of Seller for delinquent rentals owed for a period prior to closing. The amounts applied for the benefit of Seller shall be turned over by Buyer to Seller promptly after receipt. Seller shall be entitled to pursue any lawful methods of collection of delinquent rents but shall have no right to evict tenants after Closing. Any adjustment shall be made, if any, within 180 days of the Closing Date, and if a party fails to request an adjustment by notice delivered to the other party within the applicable period set forth above (such notice to specify in reasonable detail the items within the Closing Statement that such party desires to adjust and the reasons for such adjustment), then the allocations and prorations at Closing shall be binding and conclusive against such party. 30. Operations Prior to Closing. Prior to Closing, Seller shall continue to operate the Property in the ordinary course of its business and maintain the Property in the same or better condition than as existing on the date of Mutual Acceptance but shall not be required to repair material damage from casualty except as otherwise provided in this Agreement. After the Feasibility Contingency Date, Seller shall not enter into or modify existing rental agreements or leases (except that Seller may enter into, modify, extend, renew or terminate residential rental agreements or residential leases for periods of 12 months or less in the ordinary course of its business), service contracts, or other agreements affecting the Property which have terms extending beyond Closing without obtaining Buyer's consent, which shall not be withheld unreasonably. 31. Possession. Buyer shall accept possession subject to all tenancies disclosed to Buyer before the Feasibility Contingency Date. 32. Seller's Representations. Except as disclosed to or known by Buyer prior to the satisfaction or waiver of the Feasibility Contingency, including in the books, records and documents made available to Buyer, or in the title report or any supplemental report or documents referenced therein, Seller represents to Buyer that, to the best of Seller's actual knowledge, each of the following is true as of the date hereof: (a) Seller is authorized to enter into the Agreement, to sell the Property, and to perform its obligations under the Agreement, and no further consent, waiver, approval or authorization is required from any person or entity to execute and perform under this Agreement; (b) The books, records, leases, agreements and other items delivered to Buyer pursuant to this Agreement comprise all material documents in Seller's possession or control regarding the operation and condition of the Property, are true, INITIALS: Buyer[&i/_l 02/16/2022 0 /' _____ .Oate __________ .Se!ler ___ Vi_'~/L--_____ .Date Buyer _________ Date_~--~-----S.eller _________ .Date _____ _ Authenllslgn ID: 63DFFD50-948F-EC11-A507-501AC5E436FD COMMERCIAL & INVESTMENT REAL ESTATE PURCHASE & SALE AGREEMENT (CONTINUED) © Copyright 2020 rm 1 / Commercial BrokersAssociation ~ All Rights Reserved CSA Form PS-1A Purchase & Sale Agreement Rev. 7/2020 Page 9 of 16 accurate and complete to the best of Seller's knowledge, and no other contracts or agreements exist that will be binding on Buyer after Closing; (c) Seller has not received any written notices that the Property or any business conducted thereon violate any applicable laws, regulations, codes and ordinances; (d) Seller has all certificates of occupancy, permits, and other governmental consents necessary to own and operate the Property for its current use; (e) There is no pending or threatened litigation which would adversely affect the Property or Buyer's ownership thereof after Closing; (f) There is no pending or threatened condemnation or similar proceedings affecting the Property, and the Property is not within the boundaries of any planned or authorized local improvement district; (g) Seller has paid (except to the extent prorated at Closing) all local, state and federal taxes (other than real and personal property taxes and assessments described in Section 28 above) attributable to the period prior to closing which, if not paid, could constitute a lien on Property (including any personal property), or for which Buyer may be held liable after Closing; (h) Seller is not aware of any concealed material defects in the Property except as disclosed to Buyer before the Feasibility Contingency Date: (i) There are no Hazardous Substances (as defined below) currently located in, on, or under the Property in a manner or quantity that presently violates any Environmental Law (as defined below); there are no underground storage tanks located on the Property; and there is no pending or threatened investigation or remedial action by any governmental agency regarding the release of Hazardous Substances or the violation of Environmental Law at the Property; 0) Seller has not granted any options nor obligated itself in any matter whatsoever to sell the Property or any portion thereof to any party other than Buyer; and (k) Neither Seller nor any of its respective partners, members, shareholders or other equity owners, is a person or entity with whom U.S. persons or entities are restricted from doing business under regulations of the Office of Foreign Asset Control ("OFAC") of the Department of the Treasury (including those named on OFAC's Specially Designated and Blocked Persons List) or under any statute or executive order; and (I) the individual signing this Agreement on behalf of Seller represents and warrants to Buyer that he or she has the authority to act on behalf of and bind Seller. As used herein, the term "Hazardous Substances" shall mean any substance or material now or hereafter defined or regulated as a hazardous substance, hazardous waste, toxic substance, pollutant, or contaminant under any federal, state, or local law, regulation, or ordinance governing any substance that could cause actual or suspected harm to human health or the environment ("Environmental Law"). The term "Hazardous Substances" specifically includes, but is not limited to, petroleum, petroleum by-products, and asbestos. If prior to Closing Seller or Buyer discovers any information which would cause any of the representations above to be false if the representations were deemed made as of the date of such discovery, then the party discovering the information shall promptly notify the other party in writing and Buyer, as its sole remedy, may elect to terminate this Agreement by giving Seller notice of such termination within five (5) days after Buyer first received actual notice (with the Closing Date extended to accommodate such five (5) day period), and in such event, the Earnest Money Deposit shall be returned to Buyer. Buyer shall give notice of termination within five (5) days of discovering or receiving written notice of the new information. Nothing in this paragraph shall prevent Buyer from pursuing its remedies against Seller if Seller had actual knowledge of the newly discovered information such that a representation provided for above was false. INITIALS: D 02/16/2022 t( C,, ate __________ Selfer _________ .Date Buyer _________ .Date ___ ~ ______ Seller _________ .Date _____ _ Aulhenlislgn ID: 63DFFD50-948F-EC11-A507-501AC5E438FD COMMERCIAL & INVESTMENT REAL ESTATE PURCHASE & SALE AGREEMENT (CONTINUED) © Copyright 2020 .rn,, .1 / Commercial BrokersAssociation � All Rights Reserved CBA Form PS-1A Purchase & Sale Agreement Rev, 7/2020 Page 10of16 33.As-ls. Except for the express representations and warranties in this Agreement, (a) Seller makes no representations or warrantiesregarding the Property; (b) Seller hereby disclaims, and Buyer hereby waives, any and all representations or warranties of any kind,express or implied, concerning the Property or any portion thereof, as to its condition, value, compliance with laws, status of permits orapprovals, existence or absence of hazardous material on site, suitability for Buyer's intended use, occupancy rate or any othermatter of similar or dissimilar nature relating in any way to the Property, including the warranties of fitness for a particular purpose,tenantability, habitability and use; (c) Buyer takes the Property "AS IS" and with all faults; and (d) Buyer represents and warrants toSeller that Buyer has sufficient experience and expertise such that it is reasonable for Buyer to rely on its own pre-closing inspectionsand investigations.34.Buyer's Representations. Buyer represents that Buyer is authorized to enter into the Agreement; to buy the Property; to perform itsobligations under the Agreement; and that neither the execution and delivery of this Agreement nor the consummation of thetransaction contemplated hereby will: (a) conflict with or result in a breach of any law, regulation, writ, injunction or decree of anycourt or governmental instrumentality applicable to Buyer; or (b) constitute a breach of any agreement to which Buyer is a party or bywhich Buyer is bound. The individual signing this Agreement on behalf of Buyer represents that he or she has the authority to act onbehalf of and bind Buyer.35.Claims. Any claim or cause of action with respect to a breach of the representations and warranties set forth herein shall survive fora period of nine (9) months from the Closing Date, at which time such representations and warranties (and any cause of actionresulting from a breach thereof not then in litigation, including indemnification claims) shall terminate. Notwithstanding anything to thecontrary in this Agreement: (a) Buyer shall not make a claim against Seller for damages for breach or default of any representationor warranty, unless the amount of such claim is reasonably anticipated to exceed $25,000; and (b) under no circumstances shallSeller be liable to Buyer on account of any breach of any representation or warranty in the aggregate in excess of the amount equalto $250,000, $50,000 except in the event of Seller's fraud or intentional misrepresentation with respect to any representation orwarranty regarding the environmental condition of the Property, in which case Buyer's damages shall be unlimited.36.Condemnation and Casualty. Seller bears all risk of loss until Closing, and thereafter Buyer bears all risk of loss. Buyer may terminate this Agreement and obtain a refund of the earnest money if improvements on the Property are materially damaged or ifcondemnation proceedings are commenced against all or a portion of the Property before Closing, to be exercised by notice to Sellerwithin ten (10) days after Seller's notice to Buyer of the occurrence of the damage or condemnation proceedings. Damage will beconsidered material if the cost of repair exceeds the lesser of $100,000 or five percent (5%) of the Purchase Price. Alternatively, Buyermay elect to proceed with closing, in which case, at Closing, Seller shall not be obligated to repair any damage, and shall assign toBuyer all claims and right to proceeds under any property insurance policy and shall credit to Buyer at Closing the amount of anydeductible provided for in the policy.37.FIRPTA Tax Withholding at Closing. Closing Agent is instructed to prepare a certification (CBA or NWMLS Form 22E, orequivalent) that Seller is not a "foreign person" within the meaning of the Foreign Investment in Real Property Tax Act, and Sellershall sign it on INITIALS: 02/16/2022 Date ___ _ ___ ,Seller ___ vf__::L-::_ ____ ,Date Buyer ___ � _____ ,Date_ --�� _____ ,Sel!er _________ ,Date _____ _ Au!hentisign ID: 63DFFD50-948F-EC11•A507-501AC5E43BFD COMMERCIAL & INVESTMENT REAL ESTATE PURCHASE & SALE AGREEMENT (CONTINUED) © Copyright 2020 f"'<T',,, 1 / Commercial BrokersAssociation lJ::SI{ Atl Rights ReseNed CBA Form PS-1A Purchase & Sale Agreement Rev. 7/2020 Page11of16 or before Closing. If Seller is a foreign person, and this transaction is not otherwise exempt from FIRPTA, Closing Agent is instructed to withhold and pay the required amount to the Internal Revenue Service. 38. Notices, Unless otherwise specified, any notice required or permitted in, or related to, this Agreement (including revocations of offers and counteroffers) must be in writing. Notices to Seller must be signed by at least one Buyer and must be delivered to Seller and Listing Broker with a courtesy copy to any other party identified as a recipient of notices in Section 18. A notice to Seller shall be deemed delivered only when received by Seller and Listing Broker, or the licensed office of Listing Broker. Notices to Buyer must be signed by at least one Seller and must be delivered to Buyer, with a copy to Selling Broker and with a courtesy copy to any other party identified as a recipient of notices in Section 18. A notice to Buyer shall be deemed delivered only when received by Buyer and Selling Broker, or the licensed office of Selling Broker. Selling Broker and Listing Broker otherwise have no responsibility to advise parties of receipt of a notice beyond either phoning the represented party or causing a copy of the notice to be delivered to the party's address provided in this Agreement. Buyer and Seller shall keep Selling Broker and Listing Broker advised of their whereabouts in order to receive prompt notification of receipt of a notice. If any party is not represented by a licensee, then notices must be delivered to and shall be effective when received by that party at the address, fax number, or email indicated in Section 18. Facsimile transmission of any notice or document shall constitute delivery. E-mail transmission of any notice or document (or a direct link to such notice or document) shall constitute delivery when: (i) the e-mail is sent to both Selling Broker and Selling Firm or both Listing Broker and Listing Firm at the e-mail addresses specified on page two of this Agreement; or (ii) Selling Broker or Listing Broker provide written acknowledgment of receipt of the e-mail (an automatic e-mail reply does not constitute written acknowledgment), At the request of either party, or the Closing Agent, the parties will confirm facsimile or e-mail transmitted signatures by signing an original document. 39. Computation of Time. Unless otherwise specified in this Agreement, any period of time in this Agreement shall mean Pacific Time and shall begin the day after the event starting the period and shall expire at 5:00 p.m. of the last calendar day of the specified period of time, unless the last day is a Saturday, Sunday or legal holiday as defined in RCW 1.16.050, in which case the specified period of time shall expire on the next day that is not a Saturday, Sunday or legal holiday. Any specified period of five (5) days or less shall not include Saturdays, Sundays or legal holidays. Notwithstanding the foregoing, references to specific dates or times or number of hours shall mean those dates, times or number of hours; provided, however, that if the Closing Date falls on a Saturday, Sunday, or legal holiday as defined in RCW 1.16.050, or a date when the county recording office is closed, then the Closing Date shall be the next regular business day. If the parties agree upon and attach a legal description after this Agreement is signed by the offeree and delivered to the offeror, then for the purposes of computing time, mutual acceptance shall be deemed to be on the date of delivery of an accepted offer or counteroffer to the offerer, rather than on the date the legal description is attached. 40. Assignment. Buyer's rights and obligations under this Agreement are not assignable without the prior written consent of Seller, which shall not be withheld unreasonably; provided, however, Buyer may assign this Agreement without the consent of Seller, but with notice to Seller, to any entity under common control and ownership of Buyer, provided no such assignment shall relieve Buyer of its obligations hereunder. If the words "and/or assigns" or similar words are used to identify Buyer In Section 2, then this Agreement INITIALS: BuyeJRN l Date 0211512022 Seller au Date 2/z,;/zczz_ Buyer _________ .Date _______ _ _Seller _________ .Date _____ _ Authentlsign !D: 63DFFD50-948F-EC11-A507-501ACSE43BFO COMMERCIAL & INVESTMENT REAL ESTATE PURCHASE & SALE AGREEMENT (CONTINUED) © Copyright 2020 ~ .1 / Commercial BrokersAssociation lJ:S-t All Rights Reserved CBA Form PS-1A Purchase & Sale Agreement Rev. 7/2020 Page 12 of 16 may be assigned with notice to Seller but without need for Seller's consent. The party identified as the initial Buyer shall remain responsible for those obligations of Buyer stated in this Agreement notwithstanding any assignment and, if this Agreement provides for Seller to finance a portion of the purchase price, then the party identified as the initial Buyer shall guarantee payment of Seller financing. 41. Default and Attorneys' Fees. a. Buyer's default. In the event Buyer fails, without legal excuse, to complete the purchase of the Property, then the applicable provision as identified in Section 13 shall apply: i. Forfeiture of Earnest Money. Seller may terminate this Agreement and keep that portion of the earnest money that does not exceed five percent (5%) of the Purchase Price as liquidated damages as the sole and exclusive remedy available to Seller for such failure. ii. Seller's Election of Remedies. Seller may, at its option, (a) terminate this Agreement and keep that portion of the earnest money that does not exceed five percent (5%) of the Purchase Price as liquidated damages as the sole and exclusive remedy available to Seller for such failure, (b) bring suit against Buyer for Seller's actual damages, (c) bring suit to specifically enforce this Agreement and recover any incidental damages, or (d) pursue any other rights or remedies available at law or equity. b. Seller's default. In the event Seller fails, without legal excuse, to complete the sale of the Property, then the applicable provision as identified in Section 14 shall apply: i. Recover Earnest Money or Specific Enforcement. As Buyer's sole remedy, Buyer may either (a) terminate this Agreement and recover all earnest money or fees paid by Buyer whether or not the same are identified as refundable or applicable to the purchase price: or (b) bring suit to specifically enforce this Agreement and recover incidental damages, provided, however, Buyer must file suit within sixty (60) days from the Closing Date or from the date Seller has provided notice to Buyer that Seller will not proceed with closing, whichever is earlier. ii. Buyer's Election of Remedies. Buyer may, at its option, (a) bring suit against Seller for Buyer's actual damages, (b) bring suit to specifically enforce this Agreement and recover any incidental damages, or (c) pursue any other rights or remedies available at law or equity. c. Neither Buyer nor Seller may recover consequential damages such as lost profits. If Buyer or Seller institutes suit against the other concerning this Agreement, the prevailing party is entitled to reasonable attorneys' fees and costs. In the event of trial, the amount of the attorneys' fees shall be fixed by the court. The venue of any suit shall be the county in which the Property is located, and this Agreement shall be governed by the laws of the State of Washington without regard to its principles of conflicts of laws. 42. Miscellaneous Provisions. a. Complete Agreement. This Agreement and any addenda and exhibits thereto state the entire understanding of Buyer and Seller regarding the sale of the Property. There are no verbal or other written agreements which modify or affect the Agreement, and no modification of this Agreement shall be effective unless agreed in writing and signed by the parties. INITIALS: 02/16/2022 /7,; Date __________ .Seller __ tA_=C....--~-----•□ate Buyer _________ ,Date _______ _ Seller _________ ,Date _____ _ Alllhenlislgn ID: 63DFFD50-948F-EC11-A507-501AC5E43BFD COMMERCIAL & INVESTMENT REAL ESTATE PURCHASE & SALE AGREEMENT (CONTINUED) © Copyright 2020 rm. .1. / Commercial BrokersAssocialion ~ All Rights Reserved CBA Form PS-1A Purchase & Sale Agreement Rev. 7/2020 Page 13 of 16 b. Counterpart Signatures. This Agreement may be signed in counterpart, each signed counterpart shall be deemed an original, and all counterparts together shall constitute one and the same agreement. c. Electronic Delivery and Signatures. Electronic delivery of documents (e.g., transmission by facsimile or email) including signed offers or counteroffers and notices shall be legally sufficient to bind the party the same as delivery of an original. At the request of either party, or the Closing Agent, the parties will replace electronically delivered offers or counteroffers with original documents. The parties acknowledge that a signature in electronic form has the same legal effect as a handwritten signature. d. Section 1031 Like-Kind Exchange. If either Buyer or Seller intends for this transaction to be a part of a Section 1031 like- kind exchange, then the other party agrees to cooperate in the completion of the like-kind exchange so long as the cooperating party incurs no additional liability in doing so, and so long as any expenses (including attorneys' fees and costs) incurred by the cooperating party that are related only to the exchange are paid or reimbursed to the cooperating party at or prior to Closing. Notwithstanding this provision, no party shall be obligated to extend closing as part of its agreement to facilitate completion of a like-kind exchanged. In addition, notwithstanding Section 40 above, any party completing a Section 1031 like-kind exchange may assign this Agreement to its qualified intermediary or any entity set up for the purposes of completing a reverse exchange. 43. Information Transfer. In the event this Agreement is terminated, Buyer agrees to deliver to Seller within ten (10) days of Seller's written request copies of all materials received from Seller and any non-privileged plans, studies, reports, inspections, appraisals, surveys, drawings, permits, applications or other development work product relating to the Property in Buyer's possession or control as of the date this Agreement is terminated. 44. Confidentiality. Until and unless closing has been consummated, Buyer and Seller shall follow reasonable measures to prevent unnecessary disclosure of information obtained in connection with the negotiation and performance of this Agreement. Neither party shall use or knowingly permit the use of any such information in any manner detrimental to the other party. 45. Agency Disclosure. Selling Firm, Selling Firm's Designated Broker, Selling Broker's Branch Manager (if any) and Selling Broker's Managing Broker (if any) represent the same party that Selling Broker represents. Listing Firm, Listing Firm's Designated Broker, Listing Broker's Branch Manager (if any), and Listing Broker's Managing Broker (if any) represent the same party that the Listing Broker represents. If Selling Broker and Listing Broker are different persons affiliated with the same Firm, then both Buyer and Seller confirm their consent to the Brokers' Designated Broker, Branch Manager (if any), and Managing Broker (if any) representing both parties as a dual agent. If Selling Broker and Listing Broker are the same person representing both parties, then both Buyer and Seller confirm their consent to that person and his/her Designated Broker, Branch Manager (if any), and Managing Broker (if any) representing both parties as dual agents. All parties acknowledge receipt of the pamphlet entitled "The Law of Real Estate Agency." INITIALS: 0211512022 a,, Date __________ ,Seller ___ L-=-------•Date Buyer _________ ,Date __________ .Seller _________ ,Date _____ _ Authentlslgn ID: 63DFFD50-948F-EC11-A507-501AC5E43BFD COMMERCIAL & INVESTMENT REAL ESTATE PURCHASE & SALE AGREEMENT (CONTINUED) © Copyright 2020 rn,,, / Commercial BrokersAssociation lJ:SI{ All Rights Reserved CBA Form PS-1A Purchase & Sa!e Agreement Rev. 7/2020 Page 14 of 16 46. Seller 1s Acceptance and Brokerage Agreement. Seller agrees to sell the Property on the terms and conditions herein, and further agrees to pay a commission in a total amount computed in accordance with the listing or commission agreement. lf there is no written listing or commission agreement, Seller agrees to pay a commission of ___ % of the sales price or $ ________ _ The commission shall be apportioned between Listing Firm and Selling Firm as specified in the listing or any co-brokerage agreement. If there is no listing or written co-brokerage agreement then Listing Firm shall pay to Selling Firm a commission of ___ % of the sales price or$ _________ . Seller assigns to Listing Firm and Selling Firm a portion of the sales proceeds equal to the commission. If the earnest money is retained as liquidated damages, any costs advanced or committed by Listing Firm or Selling Firm for Buyer or Seller shall be reimbursed or paid therefrom, and the balance shall be paid one-half to Seller and one-half to Listing Firm and Selling Firm according to the listing agreement and any co-brokerage agreement. Seller and Buyer hereby consent to Listing Firm and Selling Firm receiving compensation from more than one party and irrevocably instruct the Closing Agent to disburse the commission(s) directly to the Firm(s). In any action by Listing Firm or Selling Firm to enforce this Section, the prevailing party is entitled to reasonable attorneys' fees and expenses. Neither Listing Firm nor Selling Firm are receiving compensation from more than one party to this transaction unless disclosed on an attached addendum, in which case Buyer and Seller consent to such compensation. The Property described in attached Exhibit A is commercial real estate. Notwithstanding Section 44 above, the pages containing this Section, the parties' signatures and an attachment describing the Property may be recorded. Listing Broker and Selling Broker Disclosure. EXCEPT AS OTHERWISE DISCLOSED IN WRITING TO BUYER OR SELLER, THE SELLING BROKER, LISTING BROKER, AND FIRMS HAVE NOT MADE ANY REPRESENTATIONS OR WARRANTIES OR CONDUCTED ANY INDEPENDENT INVESTIGATION CONCERNING THE LEGAL EFFECT OF THIS AGREEMENT, BUYER'S OR SELLER'S FINANCIAL STRENGTH, BOOKS, RECORDS, REPORTS, STUDIES, OR OPERATING STATEMENTS; THE CONDITION OF THE PROPERTY OR ITS IMPROVEMENTS; THE FITNESS OF THE PROPERTY FOR BUYER'S INTENDED USE; OR OTHER MATTERS RELATING TO THE PROPERTY, INCLUDING WITHOUT LIMITATION, THE PROPERTY'S ZONING, BOUNDARIES, AREA, COMPLIANCE WITH APPLICABLE LAWS (INCLUDING LAWS REGARDING ACCESSIBILITY FOR DISABLED PERSONS), OR HAZARDOUS OR TOXIC MATERIALS INCLUDING MOLD OR OTHER ALLERGENS. SELLER AND BUYER ARE EACH ADVISED TO ENGAGE QUALIFIED EXPERTS TO ASSIST WITH THESE DUE DILIGENCE AND FEASIBILITY MATTERS, AND ARE FURTHER ADVISED TO SEEK INDEPENDENT LEGAL AND TAX ADVICE RELATED TO THIS AGREEMENT. INITIALS: Date 02/16/2022 Selter _ _,{J'--'l-,=-_____ ,Oate Z./;2_5/:zozz. Buyer_ _ ____ ,Date _________ Seller _________ ,Date _____ _ ifl"A TRANSACTIONS 'f , r,an»U-onOes> fd !Ion Authentlsign ID: 63DFFD50-948F·EC11-A507•501AC5E43BFD COMMERCIAL & INVESTMENT REAL ESTATE PURCHASE & SALE AGREEMENT (CONTINUED) EXHIBIT A* [Legal Description] © Copyright 2020 rm.,/ Commercial BrokersAssociation ~ All Rights Reserved CBA Form PS-1A Purchase & Sale Agreement Rev. 7/202 Page 16 o * To ensure accuracy in the legal description, consider substituting the legal description contained in the preliminary commitment for title insurance or a copy of the Property's last vesting deed for this page. Do not neglect to label the substitution "Exhibit A." You should avoid transcribing the legal description because any error in transcription may render the legal description inaccurate and this Agreement unenforceable. INITIALS: Buyer~ 02/16/2022 /7 /"' Date _________ .Seller __ /"/!_L---~------Date Buyer __ ~ ______ .Date _________ S.eller _________ .Date _____ _ Au!hentislgn ID: 63DFFDS0-948F-EC11-AS07-501AC5E43BFD © Commercial Brokers rn,,,, / Association 2020 lJS(: ALL RIGHTS RESERVED ADDENDUM/AMENDMENT TO PURCHASE AND SALE AGREEMENT CBA Form PSA Addendum/Amendment to PSA Rev. 7/2020 Page 1 of 1 The following is part of the Purchase and Sale Agreement with Reference Date February 16, 2022 (the "Agreement") between Mason County Government ("Buyer") and Mason County PUD 3 of the property located at 2201 W Dayton Airport Rd Shelton, WA 98584 ("Seller") regarding the sale (the "Property"). IT IS AGREED BETWEEN THE BUYER AND SELLER AS FOLLOWS: 1. The property has significant equipment associated with a generator site, including large generators. The specialized equipment is not included in this agreement. The equipment should be removed without significant damage to the existing building. In the event damage accurse to the building and or property the Seller will make a full restoration and repair property to full function. 2. This agreement is contingent upon the Mason County Commissioners satisfactory approval of the property restoration. In the event the County Commission is not satisfied with the restoration, the County will give written notice of disapproval to the seller, terminating agreement and the earnest money shall be refunded to the Buyer. 3. This agreement is contingent upon the Mason County Commissioners approval of this purchase and sales agreement, in an open public meeting. The meet should take place on March 1st, 2022. 4. Closing shall take place 20 days after equipment is removed and build is restored to its previous condition or June 30th 2022, whichever occurs first. 5. Mason County Commissioner Randy Neatherlin is a licensed real estate broker in Washington State. 6. Randy Neatherlin will sign on behalf of Mason County. ALL OTHER TERMS AND CONDITIONS of the Agreement remain unchanged. INITIALS: Buyer ___ -<-[,..,@L].,.'".,_·_· ..,_ __ ,Date_0_2_1_1_6_1_2_0_2_2 ___ .Seller_c0"-'.__,C-::.._ _____ ,Date Buyer_ Date Seller Date ________ _ Buyer may terminate this agreement and receive a refund of earnest money Authentislgn ID: 63DFFD50-948F-EC11-A507-501ACSE43BFD Form 22D Optional Clauses Addendum Rev. 3/21 Page 1 of 2 ~ ._,,~., OPTIONAL CLAUSES ADDENDUM TO PURCHASE & SALE AGREEMENT ©Copyright 2021 Northwest Multiple Listing Service ALL RIGHTS RESERVED The following is part of the Purchase and Sale Agreement dated ---'F'-'e"'b-'-ru=•=r"'y--'1:.:6._, =20:;:2:::2'------------- between Mason County Government Buyer and Mason County PUD 3 Seller concerning 2201 W Dayton Airport Rd Address Buyer Seller Shelton City WA 98584 State Zip ("Buyer") 2 ("Seller") 3 (the "Property"), 4 CHECK IF INCLUDED: 5 1. 0 Square Footage/Lot Size/Encroachments. The Listing Broker and Buyer Broker make no representations 6 concerning: (a) the lot size or the accuracy of any information provided by the Seller; (b) the square footage of 7 any improvements on the Property; (c) whether there are any encroachments (fences, rockeries, buildings) on 8 the Property, or by the Property on adjacent properties. Buyer is advised to verify lot size, square footage and 9 encroachments to Buyer's own satisfaction. 10 2. Title Insurance. The Title Insurance clause in the Agreement provides Seller is to provide the then-current ALTA 11 form of Homeowner's Policy of Title Insurance. The parties have the option to provide less coverage by selecting 12 a Standard Owner's Policy or more coverage by selecting an Extended Coverage Policy: 13 □ Standard Owner's Coverage. Seller authorizes Buyer's lender or Closing Agent, at Seller's expense, to 14 apply for the then-current ALTA form of Owner's Policy of Title Insurance, together with homeowner's 15 additional protection and inflation protection endorsements, if available at no additional cost, rather than 16 the Homeowner's Policy of Title Insurance, 17 □ Extended Coverage. Seller authorizes Buyer's lender or Closing Agent, at Seller's expense to apply for 18 an AL TA or comparable Extended Coverage Policy of Title Insurance, rather than the Homeowner's 19 Policy of Title Insurance. Buyer shall pay the increased costs associated with the Extended Coverage 20 Policy, including the excess premium over that charged for Homeowner's Policy of Title Insurance and 21 the cost of any survey required by the title insurer. 22 3. 0 Seller Cleaning. Seller shall clean the interiors of any structures and remove all trash, debris and rubbish 23 from the Property prior to Buyer taking possession. 24 4. 0 Personal Property. Unless otherwise agreed, Seller shall remove all personal property from the Property 25 not later than the Possession Date, Any personal property remaining on the Property thereafter shall become 26 the property of Buyer, and may be retained or disposed of as Buyer determines. 27 5. □ Utilities. To the best of Seller's knowledge, Seller represents that the Property is connected to: 28 0 public water main; 0 public sewer main;□ septic tank;□ well (specify type)___________ 29 □ irrigation water (specify provider) ___________ ; 0 natural gas; 0 telephone; 0 electricity; 30 □ cable (specify provider) _________ ; □ internet (specify provider)--------~ 31 □ other ------------------------------------32 6. □ Insulation -New Construction, If this is new construction, Federal Trade Commission Regulations require 33 the following to be filled in. If insulation has not yet been selected, FTC regulations require Seller to furnish 34 Buyer the information below in writing as soon as available: 35 WALL INSULATION: TYPE: ______ THICKNESS: ______ R-VALUE: _____ _ CEILING INSULATION: TYPE: THICKNESS: _____ R-VALUE: ____ _ OTHER INSULATION DATA: _______________________ _ (kN] 02/16/2022 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date 36 37 38 X At1thenlislgn ID: 63DFFD50-948F-EC11-A507-501AC5E43SFD Form 220 Optional Clauses Addendum Rev. 3/21 OPTIONAL CLAUSES ADDENDUM TO PURCHASE & SALE AGREEMENT ©Copyright 2021 Northwest Multiple Listing Service ALL RIGHTS RESERVED Page2of2 Continued 7. □ Leased Property Review Period and Assumption. Buyer acknowledges that Seller leases the following 39 items of personal property that are included with the sale: □ propane tank; □ security system; □ satellite 40 dish and operating equipment; □other_________________________ 41 Seller shall provide Buyer a copy of the lease for the selected items within ___ days (5 days if not filled 42 in) of mutual acceptance. If Buyer, in Buyer's sole discretion, does not give notice of disapproval within 43 __ ,-days (5 days if not filled in) of receipt of the lease(s) or the date that the lease(s) are due, whichever 44 is earlier, then this lease review period shall conclusively be deemed satisfied (waived) and at Closing, Buyer 45 shall assume the lease(s) for the selected item(s) and hold Seller harmless from and against any further 46 obligation, liability, or claim arising from the lease(s), if the lease(s) can be assumed. If Buyer gives timely 47 notice of disapproval, then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. 48 8. □ Homeowners' Association Review Period. If the Property is subject to a homeowners' association or any 49 other association, then Seller shall, at Seller's expense, provide Buyer a copy of the following documents (if 50 available from the Association) within ___ days (10 days if not filled in) of mutual acceptance: 51 a. Association rules and regulations, including, but not limited to architectural guidelines; 52 b. Association bylaws and covenants, conditions, and restrictions (CC&Rs); 53 c. Association meeting minutes from the prior two (2) years; 54 d. Association Board of Directors meeting minutes from the prior six (6) months; and 55 e. Association financial statements from the prior two (2) years and current operating budget. 56 If Buyer, in Buyer's sole discretion, does not give notice of disapproval within ___ days (5 days if not 57 filled in) of receipt of the above documents or the date that the above documents are due, whichever is 58 earlier, then this homeowners' association review period shall conclusively be deemed satisfied (waived). If 59 Buyer gives timely notice of disapproval, then this Agreement shall terminate and the Earnest Money shall be 60 refunded to Buyer. 61 9. □ Homeowners' Association Transfer Fee. If there is a transfer fee imposed by the homeowners' association 62 or any other association (e.g. a "move-in" or "move-out" fee), the fee shall be paid by the party as provided for 63 in the association documents. If the association documents do not provide which party pays the fee, the fee 64 shall be paid by □ Buyer; □ Seller (Seller if not filled in). 65 10. □ Excluded ltem(s). The following item(s), that would otherwise be included in the sale of the Property, is 66 excluded from the sale ("Excluded ltem(s)"). Seller shall repair any damage to the Property caused by the 67 removal of the Excluded ltem(s), Excluded ltem(s): 68 69 70 11. □ Home Warranty. Buyer and Seller acknowledge that home warranty plans are available which may provide 71 additional protection and benefits to Buyer and Seller. Buyer shall order a one-year home warranty as follows: 72 a. Home warranty provider: _____________________________ 73 b. Seller shall pay up to $ __ """"',--~ ($0.00 if not filled in) of the cost for the home warranty, together 74 with any included options, and Buyer shall pay any balance. 75 c. Options to be included: _____________________________ _ 76 (none, if not filled in). 77 d. other: ______________________________ _ 12. □ Other. [RN] 02/16/2022 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date 78 79 80 81 82 83 84 85 Authentislgn !D; 63DFFD50-948F-EC11-A507-501AC5E43BFD Form 22S-Mason Septic Addendum Rev. 1/22 Page 1 of 1 ~ . lildy @M,pu, MASON COUNTY SEPTIC ADDENDUM TO PURCHASE & SALE AGREEMENT ©Copyright 2022 Northwest Multiple Listing Service ALL RIGHTS RESERVED The following is part of the Purchase and Sale Agreement dated __ F_e_b_r_ua_r..::y_l_6.c.,_2_02_2 ___________ _ between Mason County Government Buyer Buyer ("Buyer") 2 and Mason County PUD 3 Seller ("Seller") 3 concerning 2201 W Dayton Airport Rd Seller Shelton WA 98584 (the "Property"). 4 Addross City State Zip THIS ADDENDUM SUPERSEDES ANY OTHER PROVISIONS OF THIS AGREEMENT RELATING TO THE ON-SITE SEWAGE SYSTEM ("OSS") SERVING THE PROPERTY. 1. Type of OSS. The Property is served by: i2I Private Septic System 0 Shared Septic System 5 6 7 8 9 2. Seller's Representations. Seller represents that, to the best of Seller's knowledge, the OSS serving the Property 10 (a) does not require repair other than pumping and normal maintenance; (b) does not currently violate any 11 applicable local, state, and federal laws, standards, and regulations; and (c) has no material defects. 12 3. Maintenance Records. Seller shall deliver to Buyer the maintenance records, if available, of the OSS serving the 13 Property within 15 days (10 days if not filled in) of mutual acceptance. 14 4. Mason County Requirement- Inspection of OSS. Mason County Code § 6. 76.070 requires that an inspection 15 service report of the OSS be completed within 12 months prior to the transfer of the Property by a certified operations 16 and maintenance ("0/M") specialist. The inspection service report shall include the status and findings of all systems 17 components at the time of the inspection and shall be on the form prescribed by the Mason County Public Health 18 Director. 19 5, Inspection Report and Pumping of OSS. Seller shall have the OSS inspected by a certified 0/M specialist and, 20 if the inspector determines necessary, pumped at Seller's expense. Seller shall provide Buyer with a copy of the 21 inspection service report within 30 days (10 days if not filled in) of mutual acceptance. If Seller had the 22 OSS inspected by a certified 0/M specialist and, if necessary, pumped within 12 months (12 months if 23 not filled in) of the Closing Date and Seller provides Buyer with written evidence thereof, including the inspection 24 service report, Seller shall have no additional obligation to inspect and pump the system unless otherwise required 25 by Buyer's lender or Mason County. 26 0 Buyer's Right to Attend Inspection. If checked and if Seller has not already conducted the inspection, Buyer 27 shall have the right to observe the inspection. Seller shall provide Buyer with 3 days notice of the date and time 28 of the inspection. 29 6. OSS Inspection Contingency. This Agreement is conditioned on Buyer's subjective satisfaction of the inspection 30 service report from the certified 0/M specialist. This contingency shall be deemed waived unless Buyer gives notice 31 of disapproval of the inspection service report within 10 days (5 days if not filled in) after receipt of the 32 inspection service report. If Buyer gives timely notice of disapproval, the Agreement shall terminate and the Earnest 33 Money shall be refunded to Buyer. 34 7. Other. 02/15/2022 Buyer's Initials Date Buyer's Initials Date ;Jl Seller's Initials Date Seller's Initials Date 35 36 37 38 39 40 41 Au!henlislgn ID: 63DFFD50•948F-EC11•A507•501AC5E43BFD Form 35 Inspection Addendum Rev. 3/21 Page 1 of2 ~ lli>lllly ~,« INSPECTION ADDENDUM TO PURCHASE AND SALE AGREEMENT February 16, 2022 The following is part of the Purchase and Sale Agreement dated _....:..:=='-'-' between Mason County Government Buyer and Mason County PUD 3 Seller concerning 2201 W Dayton Airport Rd Address Buyer Seller Shelton City WA State ©Copyright 2021 Northwest Multiple Listing Service ALL RIGHTS RESERVED ("Buyer") 2 ("Seller") 3 98584 (the "Property"). 4 Zip 1. INSPECTION CONTINGENCY. This Agreement is conditioned on Buyer's subjective satisfaction with 5 inspections of the Property and the improvements on the Property. Buyer's inspections may include, at Buyer's 6 option and without limitation, the structural, mechanical and general condition of the improvements to the 7 Property, compliance with building and zoning codes, an inspection of the Property for hazardous materials, a 8 pest inspection, and a soils/stability inspection. Buyer's general home inspection must be performed by Buyer or 9 a person licensed under RCW 18.280. Buyer may engage specialists (e.g. plumbers, electricians, roofers, etc.) 10 to conduct further inspections of the Property. 11 a. Sewer Inspection. Buyer's inspection of the Property 0 may; □ may not (may, if not checked) include an 12 inspection of the sewer system, which may include a sewer line video inspection and assessment and may 13 require the inspector to remove toilets or other fixtures to access the sewer line. 14 2. BUYER'S OBLIGATIONS. All inspections are to be (a) ordered by Buyer, (b) performed by inspectors of Buyer's 15 choice, and (c) completed at Buyer's expense. Buyer shall not alter the Property or any improvements on the 16 Property without first obtaining Seller's permission. Buyer is solely responsible for interviewing and selecting all 17 inspectors. Buyer shall restore the Property and all improvements on the Property to the same condition they 18 were in prior to the inspection. Buyer shall be responsible for all damages resulting from any inspection of the 19 Property performed on Buyer's behalf. 20 3. BUYER'S NOTICE. This inspection contingency shall conclusively be deemed waived and Seller shall not be 21 obligated to make any repairs or modifications unless within 30 days (10 days if not filled in) after mutual 22 acceptance of this Agreement (the "Initial Inspection Period"), Buyer gives notice (a) approving the inspection and 23 waiving this contingency; (b) disapproving the inspection and terminating the Agreement; (c) that Buyer will conduct 24 additional inspections; or (d) proposing repairs to the property or modifications to the Agreement. If Buyer 25 disapproves the inspection and terminates the Agreement, the Earnest Money shall be refunded to Buyer. If Buyer 26 proposes repairs to the property or modifications to the Agreement, including adjustments to the purchase price or 27 credits for repairs to be performed after Closing, the parties shall negotiate as set forth in Paragraph 6, below. The 28 parties may use NWMLS Form 35R to give notices required by this Addendum. 29 4. INSPECTION REPORT. Buyer shall not provide the inspection report, or portions of the report, to Seller, unless 30 Seller requests otherwise or as required by Paragraph 5. 31 a. Waiver of Contingency by Buyer. If Buyer provides any portion of the inspection report to Seller without 32 Seller's prior written consent or as required by Paragraph 5, the inspection contingency shall conclusively be 33 deemed waived. 34 b. Seller Consent. The selection of either checkbox below by Seller shall not be considered a counteroffer. 35 □ Seller requests that Buyer provide the inspection report to Seller. 36 □ If Buyer requests repairs or modifications to the Agreement, Seller requests that Buyer provide to Seller 37 only the portions of the inspection report related to the requested repairs or modifications to the 38 Agreement. 39 5. ADDITIONAL TIME FOR INSPECTIONS. If an inspector so recommends, Buyer shall have additional time to 40 obtain further evaluation of any item by a specialist at Buyer's option and expense if, on or before the end of the 41 Initial Inspection Period, Buyer provides Seller a copy of the inspector's recommendation and notice that Buyer 42 will seek additional inspections. If Buyer gives timely notice of additional inspections, Buyer shall have 43 10 (5 days if not filled in) after giving the notice to obtain the additional inspection(s) as recommended 44 by the inspector. 45 [RN] 02/16/2022 _____ tit 3/.2,;J:z.:2_ Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authent!slgn ID: 630FFD50-948F-EC11-A507-501AC5E43SFD Form 35 Inspection Addendum Rev. 3/21 Page 2 of 2 INSPECTION ADDENDUM TO PURCHASE AND SALE AGREEMENT Continued ©Copyright 2021 Northwest Multiple Listing Service ALL RIGHTS RESERVED 6. BUYER'S REQUESTS FOR REPAIRS OR MODIFICATIONS. If Buyer requests repairs or modifications 46 pursuant to Paragraph 3. the parties shall negotiate as set forth in this Paragraph 6. Buyer's initial request and 47 Seller's response made in accordance with the following procedures are irrevocable for the time period provided. 48 a. Seller's Response to Request for Repairs or Modifications. Seller shall have 3 days (3 days 49 if not filled in) after receipt of Buyer's request for repairs or modifications to give notice that Seller (i) agrees 50 to the repairs or modifications proposed by Buyer; (ii) agrees to some of the repairs or modifications 51 proposed by Buyer; (iii) rejects all repairs or modifications proposed by Buyer; or (iv) offers different or 52 additional repairs or modifications. If Seller agrees to the terms of Buyer's request for repairs or 53 modifications, this contingency shall be satisfied and Buyer's Reply shall not be necessary. If Seller does not 54 agree to all of Buyer's repairs or modifications, Buyer shall have an opportunity to reply, as follows: 55 b. Buyer's Reply. If Seller does not agree to all of the repairs or modifications proposed by Buyer, Buyer shall 56 have 5 days (3 days if not filled in) from either the day Buyer receives Seller's response or, if Seller 57 fails to timely respond, the day Seller's response period ends, whichever is earlier, to (i) accept the Seller's 58 response at which time this contingency shall be satisfied; (ii) agree with the Seller on other remedies; or (iii) 59 disapprove the inspection and terminate the Agreement, in which event, the Earnest Money shall be 60 refunded to Buyer. 61 ATTENTION BUYER: These time periods for negotiating repairs or modifications shall not repeat. The parties 62 must either reach a written agreement or Buyer must terminate this Agreement by the Buyer's Reply deadline set 63 forth in Paragraph 6(b). Buyer's inaction during Buyer's reply period shall result in waiver of this inspection 64 condition, in which case Seller shall not be obligated to make any repairs or modifications whatsoever and this 65 contingency shall be deemed waived. 66 7. REPAIRS. If Seller agrees to make the repairs proposed by Buyer, then repairs shall be accomplished at Seller's 67 expense in a commercially reasonable manner and in accordance with all applicable laws no fewer than 68 15 days (3 days if not filled in) prior to the Closing Date. In the case of hazardous materials, "repair" 69 means removal or treatment (including but not limited to removal or, at Seller's option, decommissioning of any 70 oil storage tanks) of the hazardous material at Seller's expense as recommended by and under the direction of a 71 professional selected by Seller. Seller's repairs are subject to re-inspection and approval, prior to Closing, by the 72 inspector who recommended the repair, if Buyer elects to order and pay for such re-inspection. If Buyer agrees 73 to pay for any repairs prior to Closing, the parties are advised to seek the counsel of an attorney to review the 74 terms of that agreement. 75 8. OIL STORAGE TANKS. Any inspection regarding oil storage tanks or contamination from such tanks shall be 76 limited solely to determining the presence or non-presence of oil storage tanks on the Property, unless otherwise 77 agreed in writing by Buyer and Seller. 78 9. ON-SITE SEWAGE DISPOSAL SYSTEMS ADVISORY. Buyer is advised that on-site sewage disposal systems, 79 including "septic systems," are subject to strict governmental regulation and occasional malfunction and even 80 failure. Buyer is advised to consider conducting an inspection of any on-site sewage system in addition to the 81 inspection of the Property provided by this Form 35 by including an appropriate on-site sewage disposal 82 inspection contingency such as NWMLS Form 22S (Septic Addendum). 83 10. □ NEIGHBORHOOD REVIEW CONTINGENCY. If the box is checked, Buyer's inspection includes Buyer's 84 subjective satisfaction that the conditions of the neighborhood in which the Property is located are consistent with 85 the Buyer's intended use of the Property (the "Neighborhood Review"). The Neighborhood Review may include 86 Buyer's investigation of the schools, proximity to bus lines, availability of shopping, traffic patterns, noise, parking 87 and investigation of other neighborhood, environmental and safety conditions the Buyer may determine to be 88 relevant in deciding to purchase the Property. If Buyer does not give notice of disapproval of the Neighborhood 89 Review within --~ (3 days if not filled in) of mutual acceptance of the Agreement, then this Neighborhood 90 Review condition shall conclusively be deemed satisfied (waived). If Buyer gives a timely notice of disapproval, then 91 this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. 92 [fN] 02/16/2022 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID: 63DFFD50•948F-EC11•A507•501AC5E43BFD Form 41A Buyer's Agency Agreement Rev. 3/21 Page 1 of 2 ~ .., INup "' BUYER'S AGENCY AGREEMENT ©Copyright 2021 Northwest Multiple Listing Service ALL RIGHTS RESERVED This Buyer's Agency Agreement is made this __ F:c,eccb:..:r_:.uc_a"'ry'--"-16'-',_2_:.0_22 _______________ between Richard Beckman RIiy Group LLC ("Firm") 2 ===-===:...:.::::e.....::.:..:..::,:.c:=---------------------- and Mason County Government Buyer Buyer ("Buyer"). 3 1. AGENCY. Firm appoints Richard Beckman ("Buyer Broker") 4 to represent Buyer. This Agreement creates an agency relationship with Buyer Broker and any of Firm's brokers 5 who supervise Buyer Broker's performance as Buyer's agent ("Supervising Broker"). No other brokers affiliated 6 with Firm are agents of Buyer, except to the extent that Firm, in its discretion, appoints other brokers to act on 7 Buyer's behalf as and when needed. Buyer acknowledges receipt of the pamphlet entitled "The Law of Real 8 Estate Agency." 9 2. AREA. Buyer Broker's services will be limited to real property located in the following geographical areas: 10 Mason County PUD 3 purchase on Dayton Airport Road 11 (unlimited if not filled in) ("Area"). 12 3. TERM OF AGREEMENT. This Agreement will expire ____ (120 days from signing if not filled in) or on 13 written notice of either party. Buyer shall be under no obligation to Firm except for those obligations existing at the 14 time of termination. 15 4. COMPENSATION AND SCOPE OF AGENCY. This Agreement creates an □ exclusive; □ non-exclusive (non- 16 exclusive if not checked) agency relationship. Buyer shall pay Firm compensation as follows: 17 □ _____ %of purchase price; □ $ _______ ; □ other: 3% of the sales price. 18 19 20 21 a. Compensation Offered by Seller. Firm will utilize a multiple listing service ("MLS") to locate properties and 22 sellers may offer Firm compensation for procuring a buyer. Firm will disclose any compensation offered by the 23 seller to Firm prior to preparing any offer. In the event that the compensation offered by the seller is equal to 24 or greater than the compensation provided for by this Agreement, no compensation is due to Firm from Buyer. 25 In the event that the compensation offered by the seller to Firm is less than the compensation provided in this 26 Agreement, Buyer will pay the difference to Firm at the time of closing. If any of Firm's brokers act as a dual 27 agent, Firm shall receive the compensation offered by the seller to the listing brokerage firm and buyer 28 brokerage firm and any additional compensation Firm may have negotiated with the seller. 29 b. Exclusive. If the parties agree to an exclusive relationship above and if Buyer shall, during the course of this 30 Agreement, purchase a property located in the Area, then Buyer shall pay to Firm the compensation provided 31 for herein. If Buyer shall, within six (6) months after the expiration or termination of this Agreement, purchase 32 a property located in the Area that, during the term of this Agreement was (1) brought to the attention of Buyer 33 by the efforts or actions of Firm, or through information secured directly or indirectly from or through Firm; or 34 (2) a property that Buyer inquired about to Firm, then Buyer shall pay to Firm the compensation provided for 35 herein. 36 c. Non-Exclusive. If the parties agree to a non-exclusive relationship above and if Buyer shall, during the 37 course of or within six (6) months after the expiration or termination of this Agreement, purchase a property 38 that, during the term of this Agreement, was (1) brought to the attention of Buyer by the efforts or actions of 39 Firm, or through information secured directly or indirectly from or through Firm; or (2) a property that Buyer 40 inquired about to Firm, then Buyer shall pay to Firm the compensation provided for herein. 41 5. FIRM'S LISTINGS/BUYER BROKER'S OWN LISTINGS/DUAL AGENCY. If Buyer Broker locates a property 42 listed by one of Firm's brokers other than Buyer Broker ("Listing Broker"), Buyer consents to any Supervising 43 Broker, who also supervises Listing Broker, acting as a dual agent. Further, if Buyer Broker locates a property 44 listed by Buyer Broker, Buyer consents to Buyer Broker and Supervising Broker acting as dual agents. 45 BUYER: [RN] 02/16/2022 BUYER: ________ _ Authentisign ID: 630FFD50-948F-EC11•A507-501AC5E43BFD Form 41A Buyer's Agency Agreement Rev. 3/21 Page 2 of 2 BUYER'S AGENCY AGREEMENT ©Copyright 2021 Northwest Multiple Listing Service ALL RIGHTS RESERVED 6. NO WARRANTIES OR REPRESENTATIONS. Firm makes no warranties or representations regarding the value 46 of or the suitability of any property for Buyer's purposes. Buyer agrees to be responsible for making all inspections 47 and investigations necessary to satisfy Buyer as to the property's suitability and value. 48 7. INSPECTION RECOMMENDED. Firm recommends that any offer to purchase a property be conditioned on 49 Buyer's inspection of the property and its improvements. Firm and Buyer Broker have no expertise in these 50 matters and Buyer is solely responsible for interviewing and selecting all inspectors. 51 8. V.A. TRANSACTIONS, Due to VA regulations, VA financed transactions shall be conditioned upon the full 52 compensation being paid by the seller. 53 9. NO DISTRESSED HOME CONVEYANCE, Firm will not represent or assist Buyer in a transaction that is a 54 "Distressed Home Conveyance" as defined by Chapter 61.34 RCW unless otherwise agreed in writing. A 55 "Distressed Home Conveyance" is a transaction where a buyer purchases property from a "Distressed 56 Homeowner" (defined by Chapter 61.34 RCW), allows the Distressed Homeowner to continue to occupy the 57 property, and promises to convey the property back to the Distressed Homeowner or promises the Distressed 58 Homeowner an interest in, or portion of the proceeds from a resale of the property. 59 10. ATTORNEYS' FEES. In the event of suit concerning this Agreement, including claims pursuant to the Washington 60 Consumer Protection Act, the prevailing party is entitled to court costs and reasonable attorneys' fees. The venue 61 of any suit shall be the county in which the property is located. 62 11. OTHER AGREEMENTS {none if not filled in). 63 Buyer Broker is instructed to request Seller to pay half of Buyer Brokers Commission on any and all Purchase and Sales Agreements. uyef',has read and approves this Agreement and hereby acknowledges receipt of a copy. RM~ Ne~~erfin Oh belwf of MQS~Mi!dtGftli•"'1•t Richard Beckman Rlty Group LLC Buyer Date l~r.~:,;C~m~~n~) l ~~ IVI""¼_ 02/16/22 '-,,--=--~,--,-----------Buyer Date By: (Buyer Broker) 411 Address 411 N 5th St Ste 1 Shelton City, State, Zip 360-427-9670 Phone WA 411 N 5th St Ste 1, Shelton, WA 98584 E-mail Address 98584 Fax 64 65 66 67 68 69 70 71 72 73 Seller declines to pay any Brokers Commission A\lthentislgn ID: 63DFFD50-948F-EC11-A507-501AC5E43BFD ~ Form 41C Buyer Brokerage Firm's Commission Rev. 3/21 ll!Nlty~'" BUYER BROKERAGE FIRM'S COMMISSION ADDENDUM ©Copyright 2021 Northwest Multiple Listing Service ALL RIGHTS RESERVED Page 1 of 1 February 16, 2022 The following is part of the Purchase and Sale Agreement dated --------"'--'=-'---'------- between Mason County Government Buyer and Mason County PUD 3 Seller Buyer Seller WA 98584 State Zip concerning .:.22:::0::..:1:._ ___ W.:.:....D::..=a._yt::oo:::n..:A:::i::.r,:po:::r:..:t..:R.::d:_ ___ ...;S:;h::;e::lt:::oc::n--------~:..:...;..:;.:_:,;:.-'------ Addross City ("Buyer") 2 ("Seller") 3 {the "Property"). 4 D Buyer Brokerage Firm's Commission -No Compensation in Listing. 5 There is no offer of compensation to Buyer Brokerage Firm in the listing agreement, Seller agrees to pay 6 Buyer Brokerage Firm a commission of _______ % of sales price or$ _________ , 7 D Additional Buyer Brokerage Firm Commission - Buyer Representation Agreement. 8 Buyer is obligated to pay Buyer Brokerage Firm a commission of ----,---,----,=-% of sales price or 9 $ _________ as a condition of a buyer representation agreement between Buyer Brokerage Firm 10 and Buyer (which agreement has been provided to Seller). 11 Seller's offer of compensation to Buyer Brokerage Firm in the listing agreement is less than Buyer's 12 above obligation to Buyer Brokerage Firm. Accordingly, Seller agrees to pay Buyer Brokerage Firm 13 additional commission of _______ % of sales price or$_______ 14 Buyer Brokerage Firm's total commission paid by Seller shall be _______ % of sales price or 15 $ 16 0 Buyer Brokerage Firm's Commission -No Listing Agreement. 17 There is no written listing agreement. Seller agrees to pay Buyer Brokerage Firm a commission of 18 1.5 % of sales price or$ . If the Earnest Money is retained as liquidated 19 damages, any costs advanced or committed by Buyer Brokerage Firm shall be reimbursed or paid therefrom, 20 and the balance shall be divided equally between Seller and Buyer Brokerage Firm. 21 The following provision applies to each selection above: 22 If Seller shall, within six months from the date hereof, sell the Property to Buyer or someone acting on Buyer's 23 behalf, Seller shall pay Buyer Brokerage Firm the commission set forth above, less any portion of the above 24 earnest money retained by Buyer Brokerage Firm. Provided, if a commission is paid to another member(s) of 25 a multiple listing service in conjunction with such sale, the amount of commission payable to Buyer Brokerage 26 Firm shall be reduced by the amount paid to such other member(s). "Sell" includes a contract to sell; an 27 exchange or contract to exchange; an option to purchase; and/or a lease with option to purchase, regardless 28 of when it closes. 29 (RN J 02/16/2022 Ile Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Alllhenlislgn ID: 63DFFD50•948F-EC11-A507-501AC5E43BFO © Commercial Brokers ~ Association 2020 All RIGHTS RESERVED ~n ~ ~ .. CBAForm UA Utility Addendum Rev. 712020 Page 1 or2 UTILITY CHARGES ADDENDUM The following is part of the Purchase and Sale Agreement with Reference Date ~F~e~b~ru~a~r~v~1~6=20~2~2~-------- between Mason County Government and Mason County PUD 3 regarding the sale of property located at ("Buyer") ("Seller") ____________________ (the "Property"). Pursuant to RCW 60.80, Buyer and Seller request the Closing Agent to administer the disbursement of closing funds necessary to satisfy unpaid utility charges affecting the Property. The names and addresses of all utilities providing service to the Property and having lien rights are as follows: Water District: Sewer District: Irrigation District: Garbage: Electricity: City Of Shelton Name Address City, State, Zip City Of Shelton Name Address City, State, Zip Name Address City, State, Zip Mason County Garbage Name Address City, State, Zip PUD3 Name Address City, State, Zip https://www.sheltonwa.gov/ e-mail or website (optional) https://www.sheltonwa.gov/ e-mail or website (optional) e-mail or website (optional) https://www.masoncountygarbage.com/ e-mail or website (optional) https://www.pud3.org/ e-mail or website (optional) INITIALS: Buyer ___ -l-[MJ,_,"_,_·"_._•_·· l--'Date __ 0_2_J_16_f_2_0_2_2 __ ,Seller_!l:_'.;[_,c_ ______ ,Date _:Z~/,_:Z_>~/~i_c_.:;:,_·_~ __ Buyer _________ ,Date Seller __________ ,Date _________ _ Aulhenllslgn ID: 63DFFD50-948F-EC11-A507-501AC5E43BFD Gas: Special District(s): (local improvement districts or utility local improvement) UTILITY CHARGES ADDENDUM (CONTINUED) Cascade Natural Gas Name Address City. State, Zip Name Address City, State, Zip © Commercial Brokers ~ Association 2020 All RIGHTS RESERVED CBAForm UA Utility Addendum Rev. 7/2020 Page2of2 https://www.cngc.com/ e-mail or website (optional) e-mail or website (optional) IF THE ABOVE INFORMATION HAS NOT BEEN FILLED IN AT THE TIME OF MUTUAL ACCEPTANCE OF THIS AGREEMENT, THEN (1) WITHIN __ DAYS (5 DAYS IF NOT FILLED IN)OF MUTUAL ACCEPTANCE OF THIS AGREEMENT, SELLER SHALL PROVIDE THE LISTING BROKER, SELLING BROKER. OR CLOSING AGENT WITH THE NAMES AND ADDRESSES OF ALL UTILITY PROVIDERS HAVING LIEN RIGHTS AFFECTING THE PROPERTY AND (2) BUYER AND SELLER AUTHORIZE LISTING BROKER, SELLING BROKER OR CLOSING AGENT TO INSERT INTO THIS ADDENDUM THE NAMES AND ADDRESSES OF THE UTILITY PROVIDERS IDENTIFIED BY SELLER. SELLER ACKNOWLEDGES THAT THIS ADDENDUM DOES NOT RELIEVE SELLER OF ITS OBLIGATION TO PAY UTILITY CHARGES, BILLED OR UNBILLED OR EVIDENCED BY A RECORDED LIEN OR NOT. THE PARTIES UNDERSTAND THAT NEITHER LISTING BROKER NOR SELLING BROKER IS RESPONSIBLE FOR PAYING UTILITY CHARGES OR FOR lNSUR!NG THAT THEY ARE PAID BY ANY OTHER PERSON. 02/16/2022 INITIALS: ~ Buyer ________ .Date ________ .Seller __ a~(_C,., ______ ,Date _;Z-'/4--':,:Z-----'$'--'-/_fl_t:_•_~_,~'------ Buyer __________ ,Date __________ .Seller Date ___________ _ Autl\on\l~fgn 10 63DFFD50-948F-EC 11-A507-50tAC5E43BFD File Number: 84429 EXHIBIT "A" ~ All that portion of the South half {S ½) of the Southeas~qu ',) of Section four (4), Township twenty (20) North, Range four (4) West. W.M h' lies outheasterly of the Southeasterly right-of-way line of Dayton-Airport Coun o No. 09900; excepting therefrom road rights-of-way. Parcel No. 42004 40 00000. 0 SUBJECT TO THE FOLLOWING: (r ~ RESERVATIONS. ~ Reseived By: State of Washington. Chapter 312 of the Session Laws of 1927 Auditors FIie No.: 110515 ~ Reseiving all oils, gas, coal, ores, l~ra)o/"nd fossils, together with the right to enter, develop and remove same, provided,!f" lN¥5aid development the State shall pay the landowner all damages sustained by said e ~Jl~LSO, the right to use said land for ingress and egress for lumbering and/or logging~~'.;'.'3: or other easements necessary for moving timber, stone, minerals and other pro t ... ~ ther lands, after reasonable compensation has been paid. WEYERHAEUSER • NERA RESERVATION, Reseived By: ~Y-8! aeuser Timber Company Recorded: ~ u y 13, 1955 Auditors Fil~~: 405 Rese~in Ii I , gases, coal, ores, minerals and fossils forever, together wilh the right to take, mine a ?/e~rov e same, provided, that reasonable compensation shall be made for all dama ~-to the surface of said land and the improvements thereon In carrying on any of sue~- S tained ield Agreement between Simpson Logging Company (now Simpson Timber o an , a corporation, and the Chief of the Forest Seivice, United States Department of g i u ure, acting on behalf of the United States of America, dated December 12, 1946, ,,--~._,~,;:;,nd February 7, 1947, in Volume 106 of Deeds, page 507, under Auditors File No. 8309; effective January 1, 1947, and shall be binding upon the parties thereto, their cessors and assigns, until December 31, 2046. Subject to possible assessment by Skokomlsh River Flood Control District; said district established under RCW 86.00, or as amended. UTILITY EASEMENT. To: P .U.D. No. 3 of Mason County, Washington. Recorded: August 19, 1993 Auditor's File No.: 570789 For the purpose of Installing, laying, constructing, renewing, operating and maintaining electric utilities, public and private . . , .