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2022/03/29 - Regular Packet
MASON COUNTY TO: Board of Mason County Commissioners Reviewed FROM: Ginger Kenyon Ext. 380 DEPARTMENT: Support Services Action Agenda DATE: March 29, 2022 No. 4.1 ITEM: Correspondence 4.1.1 Washington State Liquor and Cannabis Board sent in the following; Liquor and Marijuana license due to expire; Temporary discontinued license for M&R Distributing. 4.1.2 Diane Hartley wrote in regarding Belfair development plan. 4.1.3 Federal Energy Regulatory Commission sent in project information on 2022 Dam Safety Inspection Follow-up; Flow and Ramping Rate Deviations and Site-Specific Seismic Hazard Analysis Cushman Project. 4.1.4 David Mallory sent in a Board of Equalization advisory board application. 4.1.5 Dale Elmlund sent in a Housing Authority Board application. Attachments: Originals on file with the Clerk of the Board. •uOTSTOep JTeUl BuTounouue JepJo TeuT1 a Jelue TTTm pue esueoTT JonbTT eyl meueJ of AjTJoylne TeuT1 eAey sJegwew pJeog eUl 'MeTAeJ S,pJeog OqZ Jot JepJO TeTITuT ue enssT pue eouepTAe eUl to TTe JepTSUOO TTTM 96pn[ MET eATIeJ1STuTwpe eyl 'suOTZOe[go Jo UOTIOe[go Jno/ Io IJoddns UT eouepTAe lueseJd Aew no,l 'uOTlepuewwOOeJ TeMeueJ-uou eU1 1Joddns of e6pn[ meT eATIeJIsTUTwpe Ue eJoleq BUTJeey 841 le eouepTAe lueseJd oI peJTnbeJ eq TTTm uOTSTATO BuTsueOTI S,pJeog eyl 'noA AITlou TTTm em `6UTJe94 a J04 lsenbeJ ATewTI a SGAew eesueoTT e41 11 ' (p) (8) Ol0'bZ'99 M08 'ssueOTT JonbTT JTetyl 10 TeMeueJ-uou ISelUOO oI 6uTJeay a lsenbeJ oI ly6TJ eyl sey osTe eesueoTT eyl 'UOTSTOep sTUI Jot UOSeeJ GqZ BuTlels '6UTITJm UT eesueoTT eyl A1TIOU TTTm sm 'ssueOTT a MOUeJ OI IOU SepTOep pJeog eyl II esueoTT Meue8 ION SeoO pJeog IT eJnpeooJd (b 'TeMeueJ-UOu y1TM peeOOJd 0I JO '6sueOTT JonbTT eyl McUeJ Ol epTOep Ueyl TTTM JOIOeJTO BUTSUGOT-1 eyl 'puss nog( sluewnoop BuTlJoddns pue S1UewyOelle Aue Se TTeM se 'UOTIOS[go 10 JelleT JnoA epnTOuT TTTm lJodeJ eyl 'JOIOGJT0 6UTSU80TI Gql Aq MeTAeJ J01 IJOdeJ a eJedeJd TTTM llels BUTSUGOTT Jno 'UOTIoe[g0 JnoA 9ATeOeJ OM Je11b' uoTloe q0 to I TeoeH UOTSTATO bUTSUGOTI buTMOTTOJ eJnpeooJd (£ 'pJeog eyl Aq epew sT uOTsTOep TeuTl a TTIun eesueoTT eyl of penssT ATJelnBeJ eJe sesueOTT Aiviodwel 'JeAGmOH 'pTOy UO peOeTd sT eSUGOTT JonbTT IueuewJed eqj 'BUTPUed ST TeMeueJ a 01 UOTZOergo ue ewTl eyl 6uTJn0 uTpued uoTloe q0 eTTyM esueoTT to SnZgZS lZ *801sm eyl of uoTssTwgns 0I JOTJd (99•Zy MOH eeS) UOTlewJoluT eTgesOTOsTP-uou Jo TeTluepTluoo /due loepeJ of AITTTgTsuodseJ s,AlTJoylny Teool eyl ST IT 'eJoieJeyl `eesueoTT eyl 01 eTgeTTene epew eq TTTM sTeTJelew BuTlJoddns pue sluewyoelle Aue pue UOTloe[go JnoA Io Adoo y 'SSeooJd TeMeueJ eyl to lJed se peJepTsuoo eq IOU TTTm Asgj 'peATeOeJ RTewTI lou eJe suoTloe[go lI 'BuTITJM uT peTuep Jo pelueJB eq TTTm UOTsuelxs Jot lsenbeJ Jnok •suoTloe[go ITwgns 01 ewTI to uoTsuelxe Jot slsenbeJ Aue Auep Jo IUeJB 01 UOTIOJOsTp S,pJeOg eyl uTgZTm ST IT leyl `Jenemoy '9JeMe eq eseeTd UTITJM uT leyl Isen eJ Isnw no ewTZ TeuOTZTppe peen no lI 'elep uOTIeJT xe esueoTT ey1 01 JOTid S ep 0£ lseeT le UOTSTATO DUTSUOOTI s,pJeog eyl q peATeoeJ eq Isnw UOT1Oe[go 10 xe1 Jo JelleT Jnok ' (p) (8) Ol0'bZ'99 MOH Jed UOTIeJOSTP S,pJeOS eyl uTUITm sT lou Jo pelueJB eq TTTm BUTJeey a JeUleym Ieyl elou eseeTd 0 •peseq eJe suOTZOG[go Jno/ yOTym uodn S1Oel eyl wJT1uOO JO UTelu00 QOTyM sluewnoop BuTlJoddns pue sluewyoelle epnTOuT Aew noA peseq eJe SUOTZOe[go Jo uoTloe(go JnoA yOTym uodn s1oe1 eyl TTe 40 IUewelelS a BuTpnTOUT 'uoTloe[go Jno/ Jot (s)uOse6J eyl TTeleO o :1snw JelleT sT41 'uOTsTATO 6uTSUeOTI (901-SM) pJeog sTgeuue0 pue JonbTl elelS UO16uTyseM eUl oI Je118T a TTew Jo Xe1 :TeMeUeJ esueoTT JonbTT a of loe[go of TeMeueH esueOTI 04 uOTZOe q0 ( l ' (8) Ol0'bZ'99 MOH Aq pezTJoylne se slsenbeJ TeMeueJ esueoTT GSeyl 01 ZOO[go of A1TunlJoddo Jno! ST STyl 'SAep 06 Inoge uT eJTdxe TTTm sesueOTT JonbTT e904m UOTIOTPSTJn[ Jno/ uT sesTweJd pesueoTT-JonbTT 10 IsTT a puTl eseeTd pesOTOu3 AlTunlJoddo uOTZOe[g0 JnoA - uOTIOTPSTJnr Jnok UT suOTleOTTddy Temeueb esueoT-1 JonbTT :38 :AITJoylny TeOol JeeO ZZOZ 190 UOJe" OLLZ-89L (09£) :# Xej AOB'em•bTT'mmm 009L-b99 (09£) '860£-b0986 bM eTdwATO ` 960£b XOg Od pJeoa sTgeuueo pue jonbT-1 81e1S uoIBUT4seM �{se�l `���nyS 'ui��a4�aaN SbWW��a� 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 : 03/06/2022 LICENSED ESTABLISHMENTS IN UNINCORPORATED AREAS COUNTY OF MASON (BY ZIP CODE) FOR EXPIRATION DATE OF 20220630 LICENSE LICENSEE BUSINESS NAME AND ADDRESS NUMBER PRIVILEGES 1 KENNY, GEORGE TOP OF THE CORK 404783 BEER/WINE SPECIALTY SHOP E 18351 HWY 3 STE B ALLYN WA 98524 0000 2 . ANAYA-SAHAGUN-RODRIGUEZ, INC THE BISTRO AT LAKELAND VILLAGE 364081 SPIRITS/BR/WN REST LOUNGE + 470 E COUNTRY CLUB DR ALLYN WA 98524 8793 3 . CARPE DIEM, INC. BEAR CREEK COUNTRY STORE & FEED 358653 GROCERY STORE - BEER/WINE NE 3530 OLD BELFAIR HWY BELFAIR WA 98528 0000 4 . BENT BINE BREW CO., LLC BENT BINE BREW CO 423624 MICROBREWERY 23297 NE SR 3 BLDG C B/W ON PREMISES ENDORSEMENT BELFAIR WA 98528 0000 5 LEE, RANDY BOK RANDY'S SHORT STOP 361285 GROCERY STORE - BEER/WINE 24100 NE HWY 3 BELFAIR WA 98528 0216 6 . HK & JY ENTERTAINMENT, INC HARU SUSHI TERIYAKI & WOK 432009 BEER/WINE REST - BEER/WINE 23969 NE STATE ROUTE 3 STE A OFF PREMISES BELFAIR WA 98528 9698 7 . MILAKAI CORP. LAKE CUSHMAN STORE 076084 GROCERY STORE - BEER/WINE 2550 N LAKE CUSHMAN RD HOODSPORT WA 98548 0000 8 TAYLOR SHELLFISH COMPANY, INC. TAYLOR SHELLFISH FARMS 411710 GROCERY STORE - BEER/WINE 130 SE LYNCH RD SHELTON WA 98584 8615 C091080-2 WASHINGTON STATE LIQUOR AND CANNABIS BOARD DATE : 03/06/2022 LICENSED ESTABLISHMENTS IN UNINCORPORATED AREAS COUNTY OF MASON (BY ZIP CODE) FOR EXPIRATION DATE OF 20220630 LICENSE LICENSEE BUSINESS NAME AND ADDRESS NUMBER PRIVILEGES 9 . SKOKOMISH INDIAN TRIBE TWIN TOTEMS DELI & GROCERY 070682 CLS SPIRITS RETAILER 19390 HWY 101 N SHELTON WA 98584 9781 WINE RETAILER RESELLER 10 . CHAFE, KIRK ALLAN UNION COUNTRY STORE 082522 GROCERY STORE - BEER/WINE 5130 E STATE ROUTE 106 UNION WA 98592 9511 11 ALDERBROOK GOLF & YACHT CLUB ALDERBROOK GOLF & YACHT CLUB 356322 SPIRITS/BR/WN REST LOUNGE + 330 E COUNTRY CLUB DR EAST UNION WA 98592 9757 TeuTl a Jelue TTTM pue esueOTT euenfTJew eUl MeueJ Ol AITJOUlne TeUTj GAeU sJegwew pJeog egyoTa9!PepJJ;Qgxe6aTeyqoua3 JepJO TeT),TUT ue enssT pue eOUepTAs 041 l0 Tie JepTSuO0 TTTm e6pn[ meT eATIeJISTUTwpe eql 'sUOTIOe[go Jo UOTIos[go JnoA to lJoddns uT eOUepTAe lueseJd Aew noA •uOTlepuewwooeJ TemeueJ-uou eqz zioddns of e6pn[ meT eATleJZSTUTwpe uE eJojeq BUTJeey eyl le eql Iv eOuepTAe lueseJd of peJTnbeJ eq TTTm UOTsTATO BUTsusOTl S,pJeog eUl •noA A1TIou TTTM em `BuTJeeq a JO1 lsenbeJ ATewTl semew eesueOTT eUl lI 'ssueoTT euen[TJew JTeUI 10 TemeueJ-000 lseluoo Ol 6UTJeeq E lsenbeJ Ol IUBTJ G4I Sey OSTe eesueOTT eUl 'uOTsTOep sTUI Jol uoseeJ eUl BuTlels '6UTITJM UT 89S000TT eUl A4TIOU TTTM em `esueOTT a MeueJ of lou sepTOep pJeog eql lI ( (q) (Z) 991-99-b1£ OVM) esueOT-1 meuea ION seoa pJeog 1T eJnpeOOJd (b 'TeMeUeJ-UOU yITM peeooJd of Jo 'esusOTT euen[TJew eyl MeueJ of epTOep ueyl TTTm JOIOeJTa BuTsueOTI eyl -puss noA sluewnoop BuTlJoddns pue sluewgoelle Aue se TTeM se `uOTIOe[go 10 JelleT Jno( epnTOuT TTTm lJOdeJ eqj 'JOZOGJT0 BuTsueOTl eUl Aq meTAeJ JOj lJOdeJ a eJedead ITTM llels BuTsueOTT Jno luoTloefgo JnoA eATeOeJ GM JellV UOTIOe q0 to l TeOea UOTSTATa uTSueOTI buTmOTIOJ eJnpeOOJd (E 'ploy uo peoeTd sT esueOTT euen[TJew 3UeUEWJed eqZ `BUTpued ST TeMeUeJ a 01 UOTIOe[go Ue ewTI Gql 6uTJna uTpued UOTl0e.g0 sITUM esueOTl l0 snlels (Z 01 uOTssTwgns of JOTJd (99'Zb MOa ees) uOTlewJOIUT eTgesOTOSTP-UOU JO TeTZUepTluoo Aue loepeJ of AITTTgTsuodseJ s,AZTJOglnV TeoOl eUl ST IT `eJ01eJGgl `eesueOTT eql Ol eTgeTTene spew eq TTTM sTeTJelew BuTlJoddns pue s),Uewgoe),),e Cue pue UOTIOe[go Jno( 10 Adoo V 'UOTSTATp ),ueweoJolue eyl Aq pensJnd eq Aew UOTIe00AeJ esueOTT elgTssod pue luTeTdwoo a se peJepTsuOO eq TTTm uoTloe[go eUl `esueOTT eUl pemeueJ 1peeJTe seq essuOOTT GUl Jo elep UOT1eJTdxe eqZ 10 sAep AIJTUl UT41Tm peAT008J ST UOTIOe[go 6U1 lI '6uTlTJM UT peTuep Jo pelueJ6 eq TTTm UOTsuelxe Jol lsenbeJ JnoA •SUOTl0e[g0 T1Twgns Ol ewTI to uoTsuelxe Jot slsenbeJ Aue Auep Jo JUeJ6 01 UOTIeJOSTp s,pJeog e4l uTyITM sT IT legl `JenemoU 'eJeme eq eseeTd uTIIJM uT lePI Isen eJ lsnw noA ewTI TeuOTITppe peeu no lI ' (991-99-bt£ OVM) elep uOTIeJTdxe esueOTT eUl of joTid s ep 0£ ISesT le UOTSTATO ZuTsUGOTI S,pJeog eql Aq peATeOeJ eq Isnw UOTIOe[go 40 Je1IaT JnoA (0)(L) l££'09'69 MOFf Jed uOTIeJOSTp S,pJeog eyl uTyITM sT Iou Jo pelueJ6 eq TTTm BUTJeeU a JeUlsUm ley), elou eseeTd O •peseq eJe SUOTIOe[go Jno/( UOTUm uodn SlOel eyl wJTluO3 Jo uTeluOO UOTUM sluewnoop BuTlJoddns pue sluewUoelle epnTOuT Aew noA o •peseq eJe SUOTZOe[go Jo UOTIOe[go JnoA UoTyM uodn sloe] eUl TTe 40 luewslels a 6uTpnTOUT `UOTZOa[go JnoA Jot (s)uoseeJ eqz TTelea o 'uOTSTATa BUTSUeOTI (901-SM) pJeog sTgeuue0 pue JonbTl elelS UOIBUTUseM eyI OI JelleT a TTew JO xel :lsnw JelleT ST41 :TemsuJ esu90TT euen[TJew a 01 ),Oe[g0 Ol TeMeUed esu60TI OZ uolloe q0 ( l (L) l££'09'69 Mold Aq pezTJoUlne se slsenbeJ TemeueJ esueOTT esegI 01 10e[go of AlTunlJoddo JnoA sT STUl 'sAvp 06 lunoge uT eJTdxe TTTM sesueOTT euen[TJew esOgm UOTIOTPSTJn[ JnoA uT sesTweJd pesueOTT euen[TJew 10 IsTT a puTl eseeTd pesOT3u3 AITunlJoddO uOTI0e[g0 JnoA - UOTZOTPSTJnr JnoA uT suOTleOTTddV Temeuea esueoTl euen[TJeyi :38 :AITJOglnV Teool Jeea azoa 190 UOJen OILZ-£9L (096) :# Xej AOB•eM'bTT'MMM 960£b XOg 0 d pJeog sigeuue3 pue ionbT-1 ejels U01BUTgSeM 5) Procedure if Board Renews License Over Your Objection (WAG 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: 03/06/2022 LICENSED ESTABLISHMENTS IN UNINCORPORATED AREAS COUNTY OF MASON (BY ZIP CODE) FOR EXPIRATION DATE OF 20220831 LICENSE LICENSEE BUSINESS NAME AND ADDRESS NUMBER PRIVILEGES 1 WAC FARMS, LLC WAC FARMS 432661 MARIJUANA PRODUCER TIER 2 11 NE TRUDEAU MOUNTAIN RD MARIJUANA PROCESSOR BELFAIR WA 98528 8795 2 . FCSLTE LLC BAYSHORE CANNABIS CO 415127 MARIJUANA RETAILER 3831 HIGHWAY 3 SHELTON WA 98584 0000 3 . WA GREEN PEAK LLC WA GREEN PEAK LLC 413655 NON-RETAIL PRIVILEGES 50 WEST WESTFIELD COURT #1 MARIJUANA PROCESSOR SHELTON WA 98584 6361 4 . SHEPHERD'S SOAP COMPANY, L.L.0 CREMA DE GAIA 413009 MARIJUANA PROCESSOR 514 W BAMBI FARMS RD SHELTON WA 98584 7493 5 . SHANE MCCARTHY AND COREEN DIGI MAC GARDEN 414152 MARIJUANA PRODUCER TIER 1 212 SE BANJO LN MARIJUANA PROCESSOR SHELTON WA 98584 9204 Cc:CMMRS Neatherlin, Shutty, Trask Clerk ha vc , A-1 ey I K{.I J , m,eA,- ` Washington State Licensing and Regulation PO Box 43098 WA 98504-3098 Liquor and Cannabis Board Olympia ,., q Phone—(360) 664-1600 Fax—(360) 753-2710 Emailed to: bbecker10@hotmail.com March 10, 2022 M AND R DISTRIBUTING y- r 460 W ENTERPRISE RD BLDG 1 SHELTON, WA 98584 LICENSE # 412258 - 7AFA UBI: 603-344-577-001-0001 M";on County - -,^rS The temporary discontinued business issued on your cannabis license number 412258 has been extended and will expire on May 16, 2022. You may not engage in the production, sale, or service of cannabis at the above location. You must remain in compliance with all license fees and tax reporting requirements, and report any changes in circumstance to your Enforcement Officer. You may not resume business without authorization from Washington State Liquor and Cannabis Board. Sincerely, Customer Service / BMS Licensing & Regulation T: 360 664-1600 cc: Mason County Olympia Enforcement File LIQ1298 9/17 3/16/22,9:41 AM Mail-GKenyon@masoncountywa.gov Cc:CMMRS Neatherlin, Shutty, Trask Clerk A41rK FW: Belfair Development Plan Opposition McKenzie Smith Wed 3/16/2022 9:26 AM CIPFE To:Ginger Kenyon <GKenyon@masoncountywa.gov>; Importance:High MAR 1 Mason County COrnmissIoners Good morning Ginger, Would you please add Diane Hartley's email as correspondence? Thank you! Warm regards, McKenzie Smith Clerk of the Board,Records Specialist Mason County Commissioners Office (360)427-9670 ext. 589 1 msmith,@ asoncountywa.gov http://www.masoncountyaa.gQv "Please note:Mason County complies with the Public Records Act Chapter 42.56 RCW.As such,any e-mail sent to and/or from the County may be subject to public disclosure. From:diane hartley<covistas@yahoo.com> Sent: Monday, March 14, 2022 1:21 AM To: Randy Neatherlin <RandyN@masoncountywa.gov>; Sharon Trask<STrask@masoncountywa.gov>; Kevin Shutty <KShutty@masoncountywa.gov>; McKenzie Smith <MSmith@masoncountywa.gov> Subject: Belfair Development Plan Opposition Caution: External Email Warning!This email has originated from outside of the Mason County Network. Do not click links or open attachments unless you recognize the sender, are expecting the email, and know the content is safe. If a link sends you to a website where you are asked to validate using your Account and Password, DO NOT DO SO! Instead, report the incident. To all Mason County Commissioners, I once again ask that you stop the plan for high density development in Belfair. I have made a number of comments already that seem to have fallen on deaf ears. I continue to assert that the infrastructure is not there to support this massive growth. The option 3 hybrid should never have been approved. I predict the numbers and projections you are basing your decisions on will prove to be flawed, as they were when the Belfair Sewer System was overbuilt. I thought the GMA was to be sure development was limited and prudent. I was informed by Commissioner Trask that the public's concerns were answered at the last hearing, so the Option 3 hybrid was approved. Reading the paper after that hearing and this week's paper, nothing could be further from the truth. The WSDOT's assessment that no mitigation is needed at Ridgepoint based on a Wednesday in early January is laughable. I have waited longer than their time standards to turn right, let alone left. I also have a friend whose car was hit by someone entering Hwy 3 there before the current apartment complexes were started. Even before any development, the traffic has been getting worse by the year, especially between Memorial and Labor Days. I do not see mass transit, bike riding and walking as the cure. Our area is too spread out to make that practical. The freight corridor, while long overdue, will be https://owa.co.mason.wa.us/owa/4path=/mail/AAMkAGE1 MjJmNjdhLTU3ZWItNGVkYi05NjJiLTY30WJkZGVmODVIYwAuAAAAAAAxNtwG8YuFTLjgw... 1/2 3/16/22,9:41 AM Mail-GKenyon@masoncountywa.gov pushing part of the traffic problem to Allyn, which is also suffering increased traffic congestion with the development that is happening there. Why has there been no mitigation there, either? I thought that as part of the permitting process. I am unclear about how much revenue you will see from the $1,000 plus 5% over ten years. Is the fee collected per apartment that has an occupancy permit, or is it for the complex? If it is per apartment, it will take 5 years to get$500,000 on a 100 unit complex. That's a long time to wait for funding and probably won't raise enough matching funds to accomplish much. The traffic circles I read about seem to cost$1,000,000 apiece. The bottom line is that there is no cure on the horizon for the current traffic problems, let alone with all of the development you propose. I am also concerned that you unanimously voted to change the sewer system expansion financing from revenue to general obligation bonds. This shows the project would not be considered strong enough to support the financing based on it's revenue, so all taxpayers in the county would be on the hook for the debt. I oppose the county taking on that debt. Let the developers finance their infrastructure. Finally, I am concerned about the water supply necessary to support all of that development. Are the tribes on board with what you are doing? Looking at the low snowpack this year. I am concerned we will suffer water shortages with all of this development. Please reconsider what you are doing to Belfair. Diane Hartley Grapeview https://owa.co.mason.wa.us/owa/#path=/mail/AAMkAGE1 MjJmNjdhLTU3ZWItNGVkYi05NjJiLTY3OWJkZGVmODVIYwAuAAAAAAAxNtwGBYuFTLjgw... 2/2 %a UAaIY11V1f\V IVGQIIIGI III 11 JI IUUy, 1100r\ Clerk M&V1 FEDERAL ENERGY REGULATORY COMMISSION Office of Energy Projects Division of Dam Safety and Inspections—Portland Regional Office 805 SW Broadway, Suite 550 Portland, Oregon 97205 (503) 552-2700 3/3/2022 �- In reply refer to: P-460 Mr. Chris Mattson Generation Manager MAP, 1 Tacoma Public Utilities cmattson@ci.tacoma.wa.us Mason Cou inty Corr,-xk'SSiGners Subject: 2022 Dam Safety Inspection Follow-Up, Cushman Project Dear Mr. Mattson: From February 1-4, 2022, Mr. Daniel Klein and Mr. Douglas Johnson performed an inspection and participated in a Potential Failure Mode Analysis (PFMA) Review Session for the Cushman Project, FERC No. 460. The project features were inspected, and no conditions were found that would require immediate remedial action to protect the safety of the project. The items listed below were discussed with your staff during the inspection and will require follow-up actions by Tacoma Power: Cushman No. 1 Spillway I. Cushman No. 1 Spillway can pass flows (57,000 cfs) that exceed the capacity of Cushman Dam No. 2 Spillway (41,050 cfs). We understand that the standard operation procedure (SOP) for the Cushman No. I Spillway is to "throttle back" the gates as the reservoir rises in order to maintain orifice control at the spillway gates and prevent possible surging of flows in excess of 41,050 cfs. Please submit the current SOP for gate operation and include a discussion of staff gate-operation training, the frequency of training, and whether the training adequately addresses conditions operators would experience during flooding. Include discussion of any safeguards that you have in place to reduce the potential for misoperation. Cushman Dam No. 1 2. Geologic mapping, including mapping of discontinuities, and a kinematic analysis of the abutment rock was not available during the PFMA Review session. The stress cracking on the downstream arch face appears to line up with the jointing on the right abutment rock. Please submit a summary of the available geologic information regarding the abutments, including all associated references. J tD i 2 (it 2 (D { (1) C`J U r'd r �rr, d C) C J 2 r IT m N Considering the arch dam's dependence on the abutments, and the current ongoing J" analyses of the dam for seismic concerns, a three-dimensional geologic model and kinematic analysis of the abutments may be required. 3. The January 3, 2022 FERC letter comments regarding the Right-Wing Gravity Section Stability Calculations were discussed during the PFMA Review Session. You are reminded to submit a revised stability analysis which addresses those comments along with the plan and schedule to address the Part 12D Independent Consultant's recommendations. 4. The November 18, 2021 FERC letter comments regarding the Plan and Schedule to submit a Stress and Stability Analysis for the Cushman Dam No. 1 Development, accepts that a technical memorandum assessing the seismic stability of Cushman Dam No.1 with a refined model is due no later than March 31, 2022. The Right-Wing Gravity Section should also be assessed for seismic stability. The vertical cracks in the section should be included/considered in the finite element model. Considering the timeline of the arch dam analysis, if this gravity section analysis cannot be completed in the same timeframe, please propose a plan and schedule to complete this analysis. 5. We note that the previous comment is related to seismic stability of the project structures, and that the analyses requested are dependent on the acceptance of the proposed ground motions in the Update of the Site-Specific Seismic Hazard Analysis of the Cushman Dams 1 and 2, Washington (October 19, 2021, Lettis Consultants) submitted to this office on October 27, 2021. We will respond to this submittal under separate letter. Cushman Dam No. 2 6. Please remove the fallen tree from the spillway chute. 7. It is not clear whether a rupture of the surge tank or exposed penstocks near the Cushman No. 2 Powerhouse could result in hazardous flow releases into occupied structures and the U.S. Route 101 below. Please submit a plan and schedule to conduct a two-dimensional breach analysis for this area downstream. Analysis should consider the following scenarios, at a minimum: surge tank rupture, full penstock flow of a single penstock, and full flow of two penstocks if a rupture of one may lead to a rupture of an adjacent penstock. The outflow should be routed all the way to tidewater. 8. Geologic mapping and kinematic analysis of the abutment rock adjacent to and 1 above the Cushman No. 2 Spillway gates and downstream right training wall was not available during the PFMA Review session. Please submit a summary of geologic mapping of this area, including all associated references for our review. 3 Please note that if we identify any additional items requiring follow-up action during preparation of our Dam Safety Inspection Report, we will contact you by phone and/or email and subsequently issue another letter. Within 30 days of the date of this letter, please respond to or submit a plan and schedule to address Comment Nos. 1 and 6 above. Your plan and schedule to address the remaining comments may be incorporated into your plan and schedule to address the Part 12D Independent Consultant recommendations, which is due 60 days after submittal of the Consultant's Safety Inspection Report. File all submittals using the Commission's eFiling system at https://www.ferc.gov/ferc-online/overview. For all Dam Safety and Public Safety Documents, select Hydro: Regional Office and Portland Regional Office from the eFiling menu. If any portion of the submittal cannot be eFiled, contact the project engineer to discuss options for transmitting the submittal materials to the Commission. The cover page of the filing must indicate that the material was eFiled. For assistance with eFiling, contact FERC Online Support at FERCOnlineSupportAferc.gov, (866) 208-3676 (toll free), or(202) 502-8659 (TTY). Hard Copies Are Not Required During 100% Telework. The Commission remains on 100% telework status due to the ongoing Covid-19 Pandemic. Requirements for sending hard copies are suspended during this time. This guidance for submitting documents to the Commission is valid until FERC reconstitutes and staff returns to offices. We do not have a timeline for when that will occur. When the Commission reconstitutes, we will issue further guidance regarding: 1) any need for hard copies of documents submitted during 100% telework and; 2) any need for hard copies going forward after reconstitution. Thank you for your continued cooperation and interest in dam safety. If you have any questions, please contact Mr. Daniel Klein of this office at (503) 552-2707. Sincerely, 5 7& -2, L, Douglas L. Johnson, P.E. Regional Engineer ti CC:CMMRS Neatherlin, Shutty, Trask Clerk A fov1c, FEDERAL ENERGY REGULATORY COMMISSION Washington D.C.20426 ►. OFFICE OF ENERGY PROJECTS Project No. 460-099—Washington Cushman Hydroelectric Project City of Tacoma, Washington March 8, 2022 VIA FERC Service Chris Mattson Generation ManagerMAR 1' Tacoma Power 3628 South 351 Street lk4ason County Tacoma, WA 98409 Commissioners Subject: Flow and Ramping Rate Deviations — Article 407(1) and Article 411 Dear Mr. Mattson: This letter is in reference to your low flow and ramping rate deviation report, filed with the Federal Energy Regulatory Commission (Commission) on August 10, 2020, for the Cushman Hydroelectric Project No. 460. As discussed below, we will not consider this deviation to be a violation of your license. Article 407 of the project license,l as amended,2 requires you to maintain a complex flow regime for the protection of aquatic resources in the Lower North Fork of the Skokomish River. In pertinent part, Article 407(1) requires you to release 115,835 acre-feet of the annual 160,000-acre-foot water budget as instantaneous minimum flows from the Cushman Project into the Lower North Fork of the Skokomish River according to a specified monthly schedule, and to release the remaining 44,165 acre-feet in accordance with a release schedule developed prior to each water budget year (July 1 — 1 Order Issuing Subsequent Major License, Dismissing Complaint as Moot, and Rejecting Motion to Intervene (84 FERC ¶61,107), issued July 30, 1998. 2 Order on Remand and on Offer of Settlement, Amending License, Authorizing New Powerhouse, and Lifting Stay (132 FERC ¶61,037), issued July 15, 2010. Project No. 460-099 -2- June 30) in consultation with the Fisheries and Habitat Committee (FHC). You are + required to file the finalized Flow Report with the Commission for informational purposes no later than 15 days prior to the beginning of each water budget year. Article 407(1) also allows for flow fluctuations of up to 5 percent of the scheduled flow release as measured at U.S. Geological Survey (USGS) Gage No. 12058790 (North Fork Skokomish River at Lower Cushman Dam near Potlatch, located 0.3 miles downstream from Cushman No. 2 Dam) to account for monitoring imprecision and release equipment variability. Article 407(6) allows for temporary modifications of flows if required by operating emergencies. If flows are modified, you are required to report any deviation from these requirements to the FHC within 48 hours and to the Commission within 10 days. Article 411, in part, limits down-ramping rates based on flow, time of day and time of year, as measured at USGS Gage 12058790. Article 411 allows for temporary modifications of ramping rates as required by operating emergencies. Your August 10, 2020 deviation report describes a flow excursion that occurred on July 28, 2020 at the Cushman No. 2 Powerhouse. You report that on July 28, 2020, USGS Gage No. 12058790 registered one 15-minute reading of 110 cubic feet per second (cfs) at 1:30 pm. The 110 cfs reading was 8 percent below the target flow of 120 cfs for this time of year, as specified in your 2020 Water Year Flow Report.3 The gage readings just before (1:15 pm) and just after(1:45 pm) this event registered 121 cfs. At the time of the deviation, the maximum down-ramping rate for the project was 1 inch per hour. You report that the drop in stage associated with the event was within the allowable ramping range of 1 inch per hour. You state that prior to the gage reading of 110 cfs, staff were performing routine maintenance when Unit #34 tripped offline. The river outlet valve (ROV)opened to maintain flow to the river and reached the target by the next 15-minute reading. The drop in flow at the dam was attenuated downstream, and did not register at the USGS gage 125059500 North Fork Skokomish River near Potlatch located approximately 7 miles downstream. To prevent this situation from reoccurring, you will provide additional training to project staff,and your engineering staff is assessing other possible actions to reduce future risk. r 3 Filed with the Commission on September 9, 2019. Project No. 460-099 -3- You notified the FHC of the deviation at 4:51pm on July 30, 2020. You state that + the notification to the FHC was slightly delayed from the 48 hours specified in Article 407 because the event occurred in the afternoon of July 28, was identified on the morning of July 29, after which time your staff needed to gather information for the report to the FHC. You did not receive any comments from the FHC. Based on our review of the available information, the low flow deviation resulted from an unanticipated unit trip. The ROV responded automatically to maintain flow to the river and reached the target by the next 15-minute reading, resulting in a temporary disruption in flow. Your corrective action to provide staff training should minimize the duration and/or severity of similar flow deviations that may occur during future unit trips. Although you were unable to notify the FHC within the 48 hours specified in Article 407, we note that the delay in reporting was not excessive and timeliness of reporting to the FHC on similar matters is not a recurring issue. For these reasons, we will not consider the deviation or the late report to be a violation of your project license; however, they will be made a part of the compliance history of the project and be taken into consideration during our review of any future deviations. Thank you for your cooperation. If you have any questions concerning this letter, please contact Holly Frank at(202) 502-6833 or holly.frank@ferc.gov. Sincerely, AA" lP "" Andrea Claros Chief, Aquatic Resources Branch Division of Hydropower Administration and Compliance r CC:CMMRS Neatherlin, Shutty, Trask Clerk /t0tJ*4-, FEDERAL ENERGY REGULATORY COMMISSION Washington D.C.20426 OFFICE OF ENERGY PROJECTS Project No. 460-102, 460-104-- Washington Cushman Hydroelectric Project City of Tacoma, Washington March 8, 2022 VIA FERC Service Chris Mattson Generation Manager Tacoma Power d 3628 South 35th Street MAR 1 2?'V2 Tacoma, WA 98409 Ill?^on Coainty Subject: Flow and Ramping Rate Deviations — Article 407(1) and 411 Coa:missloriors Dear Mr. Mattson: - This letter is in reference to your low flow and ramping rate deviation reports, filed with the Federal Energy Regulatory Commission (Commission) on November 25, 2020, and April 19, 2021, for the Cushman Hydroelectric Project No. 460. For reasons discussed below, we determined that these deviations are not violations of your license. Background and Requirements Article 407 of the project license,I as amended,2 requires you to maintain a complex flow regime for the protection of aquatic resources in the Lower North Fork of the Skokomish River. In pertinent part, Article 407(1) requires you to release 115,835 I Order Issuing Subsequent Major License, Dismissing Complaint as Moot, and Rejecting Motion to Intervene (84 FERC ¶61,107), issued July 30, 1998. 2 Order on Remand and on Offer of Settlement, Amending License, Authorizing New Powerhouse, and Lifting Stay (132 FERC ¶61,037), issued July 15, 2010. Project No. 460-102, -104 -2- acre-feet of the annual 160,000-acre-foot water budget as instantaneous minimum flows from the Cushman Project into the Lower North Fork of the Skokomish River according to a specified monthly schedule, and to release the remaining 44,165 acre-feet in accordance with a release schedule developed prior to each water budget in consultation with the Fisheries and Habitat Committee (FHC).3 Article 407(1) also allows for flow fluctuations of up to five percent of the scheduled flow release as measured at U.S. Geological Survey (USGS) gage 12058790 (North Fork Skokomish River near Lower Cushman Dam near Potlatch, located 0.3 miles downstream from Cushman No. 2 Dam) to account for monitoring imprecision and release equipment variability. Article 407(6) allows for temporary modifications of flows if required by operating emergencies beyond your control. If flows are modified, you are required to report any deviation from these requirements to the FHC within 48 hours and to the Commission within 10 days. Article 411, in part, limits down-ramping rates based on flow, time of day and time of year, as measured at USGS Gage 12058790. Article 411 also requires that you limit the up-ramping rate to no more than one foot per hour unless required by an operating emergency beyond your control. If ramping rates are modified, Tacoma Power is required to notify the members of the FHC as soon as possible, but no later than two business days after each such incident and notify the Commission no later than 10 days after each such incident. November 25, 2020 Deviation Report Your November 25, 2020 report states that a flow excursion occurred at 3:30 pm on November 20, 2020, when a transmission line disturbance caused two units to trip offline. The units had been providing the scheduled flow of 300 cubic feet per second (cfs) prior to the trip. The River Outlet Valve (ROV), which is programmed to automatically open and restore river flows following North Fork generator unit trips, began to open to restore flows. However, a sensor malfunction caused a critical alarm to engage which disabled remote operation of the ROV. When the ROV did not open automatically, there was a loss of downstream flow from the powerhouse for approximately 30 minutes until project staff were able to open the ROV manually. During this deviation, you state that the gage readings at the USGS Gage 12058790 recorded one 15-minute reading of 18.3 cfs, one reading of 6.25 cfs, and one reading of 3 You provide the finalized Flow Report to the Commission for informational purposes by no later than 15 days prior to the beginning of each water budget year. The relevant flow report for the 2021 water budget year (October 1, 2020 through September 30, 2021) was filed with the Commission on September 15, 2020. Project No. 460-102, -104 -3- 282 cfs, and that flows reached a low of 1.34 cfs. The impact of the flow disruption was attenuated further downstream, as readings at the USGS gage 125059500 (North Fork Skokomish River near Potlatch, located approximately seven miles downstream from Cushman No. 2 Dam) recorded a temporary flow decrease from 591 cfs to 461 cfs. At the time of the deviation, the maximum down-ramping allowed was two inches per hour. You report the highest down-ramping rate of 24.5 inches/hour occurred from 3:00 pm to 4:00 pm. Your staff investigated the ROV failure and determined that the power trip de- energized a newly installed dam crack monitoring system, which caused the critical alarm and prevented remote control of the valve. To prevent the situation from recurring, no alarms will be generated if the crack monitoring sensor loses power in the future. You additionally identified and removed two other hardware failure conditions that could occur and cause loss of control of the ROV. You also investigated whether any staff response improvements for this type of incident could be made to potentially prevent future similar responses by the control program and prevent loss in river flow. You report that your biological staff did not survey for downstream effects to fisheries, but you believe there were only minor impacts to fish in the North Fork Skokomish River due to: (a) the short duration of the incident, (b) tributary inflow buffering the impact, (c) the presence of pools and cobble substrate with large interstitial spaces in the North Fork Skokomish River channel providing temporary refuge for fish in the reach of greatest impact, and(d) in the reach of greatest impact, the channel configuration is not conducive to stranding due to its bedrock composition and lack of side channels. April 19, 2021 Deviation Report Your April 19, 2021 report indicates that at approximately 7:00 pm on April 9, 2021, two main breakers feeding power to the North Fork Powerhouse tripped. This caused Units 34 and 35, which were providing the scheduled flow of 200 cfs, to trip offline, and caused a total loss of power to the North Fork Powerhouse which resulted in the de-energization of the ROV. Because of the loss of power to the ROV,it could not automatically open and restore river flows, resulting in a temporary 96 percent reduction in flow, until it was restored by project staff at approximately 8:30 pm via the Cushman No. 2 Dam spillway. You report that following the trip, on-call project staff responded immediately to • attempt to manually restore river flow but were unable to re-energize the North Fork Project No. 460-102, -104 -4- Powerhouse and ROV and called for additional crews to open a spillgate so that flow • could be restored to the river via the Cushman Dam No.2 spillway. By this time, the USGS gage 12058790 recorded one 15-minute reading of 41 cfs, one reading of 8 cfs, one reading of 33 cfs, and two readings did not register a discharge but showed a stage height of 0.23 feet and 0.17 feet. The highest down-ramping rate of 21.84 inches per hour occurred from 7:00 pm to 8:00 pm, a deviation from the Article 411 ramping rates.4 Project staff returned flow to the river through the spillway by approximately 8:30 pm, but due to imprecision of the spillgate control system, discharge was overcorrected. The USGS gage 12058790 recorded one 15-minute reading of 737 cfs, resulting in an up- ramping rate of 39.7 inches from 7:30 pm to 8:30 pm, a deviation from the allowable rate of one foot per hour. Project staff attempted to stabilize the rate of flow through the spillgate using the coarse control system and delayed readings broadcasted onto the USGS website. During this time, the USGS gage 12058790 recorded one 15-minute reading of 183 cfs, one reading of 175 cfs, and one reading of 31 cfs. At approximately 9:00 pm, power was restored to both North Fork generating units and the ROV,and crews began closing the spillgate. By approximately 9:10 pm, the ROV was opened and providing flow to the river while the North Fork generating units restarted. By approximately 9:45 pm discharge was returned to the North Fork Skokomish River via the North Fork generating units, the ROV was closed, and flow had stabilized. Project and engineering staff investigated the incident and identified breaker trip settings and three circuits that led to loss of power to the North Fork powerhouse. To prevent loss of power to the powerhouse the three circuits have been isolated until tested safe to return to service. You also investigated new breaker trip settings to minimize the chance of a similar loss of power from recurring in the future. You report that the effect of the loss of flow during this event was attenuated downstream. USGS Gauge No. 12059500 recorded temporary fluctuations in flow between 203 cfs and 292 cfs before returning to the pre-event level of 264 cfs. While biological staff did not survey for downstream effects to fisheries following this incident, your biological staff report limited seasonal usage by anadromous fish during early April. Further, you report a fisheries survey of just over two miles of North Fork Skokomish River below Cushman Dam No.2 was completed on April 8, 2021 (the day prior to the 4 No down-ramping is to occur during this time of year during daylight hours (defined as one hour before sunrise to one hour after sunset). Sunset on April 9, 2021 at Lake Kokanee was approximately 7:54 pm. Project No. 460-102, -104 -5- incident), and during that survey no live steelhead or redds were recorded. You state that you have not yet verified the potential effects following this event, but plan to discuss it further with the FHC if additional information becomes available during implementation of your Fish Habitat and Monitoring Plan, pursuant to Article 413. Agency Notification You provided timely notifications to the FHC regarding the aforementioned low flow incidents on November 20, 2020 and April 10, 2021. No comments were provided. Discussion and Conclusion Based on our review of the available information, both incidents were the result of unexpected unit trips and subsequent failure of the ROV to automatically open as intended to provide flow to the North Fork the Skokomish River. The November 2020 low flow incident was brief in duration (approximately 30 minutes), owing to your actions to provide flow to the river by opening the ROV manually. The April 2021 low flow incident was approximately 60-90 minutes in duration, due to the ROV not automatically or manually opening and the time to open the spillgate. Both deviations were large in magnitude, as measured at the USGS gage 12058790 immediately downstream from Cushman No. 2 Dam which is used for determining compliance with the requirements of Articles 407 and 411. Flows were reduced to 99 percent and 96 percent of the required scheduled flow release during the November 2020 and April 2021 incidents, respectively. This was greater than the temporary fluctuations of up to five percent allowed under Article 407 to account for monitoring imprecision and release equipment variability. Further, down-ramping during both incidents and up-ramping during the April 2021 incident exceeded the ramping rate restrictions of Article 411. You state that the temporary loss of flow during both incidents was attenuated further downstream as evidenced by the flow readings at USGS gage 125059500, approximately seven miles downstream. As a corrective measure in response to the November 2020 incident, you made changes to the control program such that no alarms will be generated if the crack monitoring sensor loses power in the future, as well as identified and resolved two other hardware failure conditions that had potential to affect control of the ROV. We note that your changes to its control program following this incident appears to have improved your response, as demonstrated by your December 7, 2020 report of an incident on November 25, 2020, wherein the ROV responded automatically as intended and Project No. 460-102, -104 -6- minimized the duration of that deviation.5 In response to the April 2021 incident, your • staff identified breaker trip settings and three circuits that led to loss of power to the North Fork powerhouse, temporarily isolated the three circuits to conduct testing, and is investigating new breaker trip settings to minimize the recurrence of similar events in the future. We expect these measures would reduce the potential for similar flow and ramping deviations to recur as a result of breaker trips in the future. Your filings do not describe any effort to survey for environmental effects following the deviations but provide a summary for why you expected there to be low potential for effects to aquatic resources. This is based on the tributary inflow and habitat conditions in the reach during the November 2020 incident, and the limited seasonal usage of the reach by anadromous fish during early April, further evidenced by the fisheries surveys conducted the day prior to the April 2021 incident. Commission staff concur that adverse effects in the impacted reach were likely to be minimized due to the channel configuration reducing likelihood of stranding and the presence of pools that could provide temporary refuge during the November incident, and by the expected absence of anadromous fish in the reach at the time of the April 2021 incident. However, because the magnitude of both deviations was significant and had the potential to cause effects to downstream resources, and as a general best practice for similar events in the future, you are reminded that on-site staff should always attempt to check for downstream environmental effects,if it is safe to do so, regardless of the length of time of the deviation. The low flow and ramping rate deviations resulted from unanticipated trips which affected operation of the ROV. The corrective actions that you have taken should minimize the potential for similar issues with operation of the ROV in the future. Your filing did not describe any environmental effects or any effort to survey for them; however, Commission staff does not believe that adverse effects would have been likely due to habitat conditions during the November incident and expected absence of fish during the April incident. You reported the deviations to the Commission and FHC in a timely manner. For these reasons, we will not consider the deviations to be violations of your project license; however, they will be made a part of the compliance history of the project and be taken into consideration during our review of any future deviations. s Acknowledged by Commission staff in the letter issued January 6, 2021. Project No. 460-102, -104 -7- Thank you for your cooperation. If you have any questions concerning this letter, please contact Holly Frank at(202) 502-6833 or holly.fmnk@ferc.gov. Sincerely, J��,ncjvo` ,aa-- Andrea Claros Aquatic Resources Branch Division of Hydropower Administration and Compliance UC:UivnviKS Neatherlin, Shutty, Trask Clerk Hvx, FEDERAL ENERGY REGULATORY COMMISSION Office of Energy Projects Division of Dam Safety and Inspections —Portland Regional Office 805 SW Broadway, Suite 550 Portland, Oregon 97205 (503) 552-2700 3/15/2022 In reply refer to: P-460 VIA Electronic Mail Mr. Chris Mattson Generation Manager Tacoma Public Utilities MAR, cmattson@ci.tacorna.wa.us Mason County Subject: Site-Specific Seismic Hazard A� s`i 6W%man Project Dear Mr. Mattson: This letter is to acknowledge your November 27, 2021 letter transmitting the Site- Specific Seismic Hazard Analysis (SHA) for the Cushman Project, FERC No. 460. We have reviewed the information provided and have the following comments: 1. The SHA is accepted. Please include the SHA in the next update to the Supporting Technical Information Document (STID). 2. The SHA estimates greater ground motion values for those applied in the stability analyses of record. Please submit a plan and schedule to perform revised stability analyses for Cushman Dam Nos. 1 and 2 and their appurtenant structures, and provide your recommended design spectra for analysis of each. 3. As recommended in the Eleventh Part 12D Report, the revised analyses should include the Cushman No. 1 gates. Please ensure that all members and connections, in their as-built and existing condition, as observed in the most recent up-close gate inspections, are evaluated for structural capacity under all applicable loading conditions. r Within 30 days of the date of this letter, please respond to or submit a plan and schedule to address the comments above. File all submittals using the Commission's eFiling system at https://www.ferc.gov/ferc-online/overview. For all Dam Safety and Public Safety Documents, select Hydro: Regional Office and Portland Regional Office from the eFiling menu. If any portion of the submittal cannot be eFiled, contact the project engineer to discuss options for transmitting the submittal materials to the 2 Commission. The cover page of the filing must indicate that the material was eFiled. For assistance with eFiling, contact FERC Online Support at FERCOnlineSupport@ferc.gov, (866) 208-3676 (toll free), or (202) 502-8659 (TTY). Hard Copies Are Not Required During 100% Telework. The Commission remains on 100% telework status due to the ongoing Covid-19 Pandemic. Requirements for sending hard copies are suspended during this time. This guidance for submitting documents to the Commission is valid until FERC reconstitutes and staff returns to offices. We do not have a timeline for when that will occur. When the Commission reconstitutes, we will issue further guidance regarding: 1) any need for hard copies of documents submitted during 100% telework and; 2) any need for hard copies going forward after reconstitution. Thank you for your continued cooperation and interest in dam safety. If you have any questions, please contact Mr. Daniel Klein of this office at (503) 552-2707. Sincerely, 57L 'z J4, Douglas L. Johnson, P.E. Regional Engineer r Cc:CMMRS Neatherlin, Shutty, Trask Clerk w*k Ize kit ) Yveile- MASON COUNTY COMMISSIONERS 411 NORTH FIFTH STREET SHELTON WA 98584 MAR `' Fax 360-427-8437, Voice 360-427-9670, Ext. 419;275 4467 or 482-5269 �S4 Mason County C0MI1E'>S: cYS I AM SEEKING APPOINTMENT TO Mason County Board of Equalization NAME: David Mallory ADDRESS: PHONE: CITY/ZIP: VOTING PRECINCT: WORK PHONE: OR AREA IN THE COUNTY YOU LIVE) E-MAIL ------------------------------------------------------------------------------------------- COMMUNITY SERVICE EMPLOYMENT: (IF RETIRED, PREVIOUS EXPERIENCE) (ACTIVITIES OR MEMBERSHIPS) COMPANY: Bax Global, 32 years YRS Pioneer Fnnd Bank Mason Gnijnty Sportsman Association, Hidden Acres Home POSITION: Area Director Owners Association, COMPANY: Ceva Logistics, 5.5 years YRS POSITION- Station Manager -------------------------------------------------------------------------------------------- In your words, what do you perceive is the role or purpose of the Board, Committee or Council for which you are applying: To effectively ensure that all properties are valued and taxed at current market value To review and resolve timely all appeals from taxpayers within the County in a consistent and equitable manner. What interests, skills do you wish to offer the Board, Committee, or Council? Primary interest would he to participate an a team environment that s,1pports cornmi inity grnx#Ah and eq,litable distribution of property values. Skills acquired and transferable to the Board would include, consensus building, conflict resolution,tinancial management,time management, and vanous leadership roes and responsibilities. Please list any financial, professional, or voluntary affiliations which may influence or affect your position on this Board: (i.e.create a potential conflict of interest) includes 10 properties including the one my wife and I own. Your participation is dependent upon attending certain trainings made available by the County during regular business hours (such as Open Public Meetings Act and Public Records).The trainings would be at no cost to you.Would you be able to attend such trainings? Yes Realistically, how much time can you give to this position? Qu rte e'zMonthly X Why Daily Office Use Only , V1 2 Appointment Date Signature Dad Term Expire Date Cc:CMMRS Neatherlin, Shutty, Trask Clerk Fran K, noctle, marv- MASON COUNTY COMAUSSIONERS Ez i V E D R, 411 NORTH FIFTH STREET L SHELTON WA 98584 Fax 360-427-8437,, Voice 360-427-9670, Ext. 419;275-4467 or 482-5269 1854 jk Mason County I AM SEEKING APPOINTMENT To HqusLtngAuthority BQ pd_ NAME: Dale S.Elmlund 1 ADDRESS: PHONE. crrY/zIP: VOTING PRECINCT: WORK PHONE: OR AREA IN THE COUNTY YOU LIVE) E-MAIL! --------------------------------------------------------------------------------------------- COMMUNITY SERVICE EMPLOYMENT: (IF RETIRED. PREVIOUS EXPERIENCE) (ACTIVITIES OR MEMBERSHIPS) School district employee 15 yrs YRS Santa: Non-profit 5XL and'community youth COMPANY: -authority and Allyn Fire Department pOSMI OIA: Transportation and athletics Union CitiWason Lodqe#ZT- CoMpANy: USN retired YRS POSITION: Navigation and instructor coordinator ---------------------------------------------------------------- - ------------------ ---- In your words,what do you perceive is the role or purpose of the Board, Committee or Council for which you are applying: Review all applications for housing as a member to ensure continued fair and equal housing for those in need. D-e-s-ire 16-pa (-(pate With comm unit lavoGe ffi-6ffb-n V eTpds-si-sT-m-nffi-e sfabFi s Fi filg-new—ew-F6-u si n g fa-c7ii Ftes-w 11F-in-ffi—e C1yermPntal officesr. What interests, skills do you wish to offer the Board,Committee,or Council? speakingSkills: 40 yrs of public ,having a sense of fairness and common sense. Leadership experience: Retired Naval service with extensive leadership positions artd years of submarine service. J-1it'ARR-111" 16 IIFSAF; ;;GtiVe-F-Fe��and held-6evefaPeademhip and fwR44ai&ifXj-PcG#-i0-n8 Please list any financial, professional, or voluntary affiliations which may influence or affect your position on this Board: (i.e.create a potential conflict of interest) Refer to above. Your participation is dependent upon attending certain trainings made available by the County during regular business hours (such as Open Public Meetings Act and Public Records).The trainings would be at no cost to you.Would you be able to attend such trainings? Yes___ Realistically,how much time can you give to this position? Quarterly Monthly x Weekly D* office Use Only Date S. Elmlund-- 3/15/2022 Appointment Date Signature C t Term Expire Date NEWS RELEASE March 29,2022 MASON COUNTY COMMISSIONERS 411 NORTH 5TH ST SHELTON,WA 98584 (360)427-9670 EXT.419 TO: KMAS,KRXY, SHELTON-MASON JOURNAL,THE OLYMPIAN, SHELTON CHAMBER OF COMMERCE,NORTH MASON CHAMBER OF COMMERCE,CITY OF SHELTON, ECONOMIC DEVELOPMENT COUNCIL,THE SUN RE: Public Comment is invited on County Road Project(CRP)2023,Uncle John Lower Culvert Mason County invites the public to comment on alternatives for the Uncle John Creek lower culvert fish barrier correction project on Agate Loop Road, CRP 2023 (information available on the County Website under Lower Uncle John Creek Fish Barrier Correction).An Open House is planned to present the alternatives on Thursday,April 7,2022,at the following location: 6:00pm—8:00pm The Agate Grange#275 1631 Agate Loop Road Shelton,WA 98584 The Open House is for people to drop in,talk with Public Works team members about the design alternatives, get answers to questions,and provide comments. Comments received by the Public Works Department by 4:30pm on April 12,2022 will be considered in the Department's final recommendation to the Board of County Commissioners. Written comments(please identify as CRP 2023 Comments)may be mailed,emailed or submitted in person to Public Works at: Mason County Public Works 100 W.Public Works Drive Shelton,WA 98584 pwprojects@masoncountywa.gov Mason County considered various design alternatives including replacing the culvert with a bridge (Alternative 1)and removing the crossing(Alternative 2). Based on the evaluation Public Works selected Alternative 2 as the preferred alternative. Conceptual designs for two alternatives considered and additional information is available on the Mason County web site or at the Public Works Department. BOARD OF MASON COUNTY COMMISSIONERS Kevin Shutty Sharon Trask Randy Neatherlin Chair Vice Chair Commissioner NEWS RELEASE March 29, 2022 MASON COUNTY COMMISSIONERS 411 NORTH Sth ST SHELTON, WA. 98584 (360) 427-9670 EXT. 419 TO: KMAS, KRXY, SHELTON-MASON COUNTY JOURNAL, MASONWEB-TV, THE OLYMPIAN, SHELTON CHAMBER OF COMMERCE, NORTH MASON CHAMBER OF COMMERCE, CITY OF SHELTON, ECONOMIC DEVELOPMENT COUNCIL, THE SUN RE: 2022 United Ways Days of Caring — Free Dump Vouchers In partnership with Mason County Public Works and Republic Services, United Way of Mason County will be handing out vouchers for the 2022 Days of Caring. Vouchers will be handed out to 200 Mason County residents, on a first-come first-serve basis to be redeemable at the Mason County Landfill at 501 E Eells Hill Road, Shelton, WA. Starting March 30, 2022 vouchers will be available Monday-Friday 10am-2pm at the United Way of Mason County's office located at 536 W Railroad Ave, Shelton WA. To receive a voucher you must fill out the required paper work, have a valid ID and proof of Mason County address. Vouchers will only cover 2,000lbs of household garbage. For any questions, please contact United Way of Mason County at (360) 426-4999 and for rules and restrictions for household garbage (360) 427-9670, Ext. 199. More information regarding the voucher process and items covered and not covered by the voucher is available on the Mason County Utilities and Waste Management/Solid Waste webpage. BOARD OF MASON COUNTY COMMISSIONERS Kevin Shutty, Sharon Trask, Randy Neatherlin, Chair Vice Chair Commissioner 2022 National Public Health Week Proclamation WHEREAS, the week of April 4-10, 2022 is National Public Health week and the theme is "Public Health is Where You Are";and WHEREAS,since 1995,the American Public Health Association,through its sponsorship of National Public Health Week, has educated the public, policymakers, and Public Health professionals about issues important to improving the public's heath;and WHEREAS,U.S.life expectancy dropped from 2014 to 2017 in the longest sustained decline since the Great Recession and only in 2018 began to increase again; U.S. life expectancy then dropped again in 2020 by a full year,which is the largest drop in life expectancy since 1943;and WHEREAS,there is a significant difference in health status such as obesity, poor mental health, and drug use among people living in rural areas compared with people living in urban areas and this variance increases because rural residents are often more likely to face social determinants that negatively impact health such as poverty,transportation barriers,and lack of economic opportunity;and WHEREAS, a person's health status can differ drastically by zip code due to differences in the built environment,environmental quality,community context,access to healthy food,access to education,and access to health care;and WHEREAS, Public Health professionals help communities prevent, prepare for, and withstand and recover from the impact of a full range of health threats, including disease outbreaks such as the COVID-19 pandemic,measles,natural disasters,and disasters caused by human activity;and WHEREAS, Public Health action, together with scientific and technological advances, has played a major role in reducing and,in some cases,eliminating the spread of infectious disease,and in establishing today's disease surveillance and control systems;and WHEREAS, preventable risk factors such as physical inactivity, poor nutrition, tobacco use, and excessive alcohol use are leading causes of chronic disease; and 6 in 10 U.S. adults have a chronic disease and 4 in 10 have two or more;and chronic diseases cause 7 of every 10 deaths annually in the United States;and WHEREAS,the COVID-19 pandemic has illuminated and exacerbated racial inequities and a growing number of local governments, State governments, and Public Health leaders have declared racism a Public Health crisis;and NOW THEREFORE, the Mason County Board of Health and Mason County Board of County Commissioners do hereby proclaim the week of April 4-10, 2022 as National Public Health Week in Mason County and call upon the people of Mason County to observe this week by helping our families, friends, neighbors, coworkers, and leaders to better understand the value of public health and supporting great opportunities to adopt preventative lifestyle habits in light of this year's theme, "Public Health is Where You Are". Dated this 291h day of March,2022 MASON COUNTY BOARD OF COMMISSIONERS MASON COUNTY BOARD OF HEALTH MASON COUNTY,WASHINGTON MASON COUNTY,WASHINGTON Kevin Shutty,Chair Darrin Moody,Hospital District No. 1 Sharon Trask,Vice-Chair Peggy VanBuskirk,Hospital District No.2 Randy Neatherlin,Commissioner Kathy McDowell,City of Shelton Council ATTEST: Randy Neatherlin,Mason County Commissioner McKenzie Smith,Clerk of the Board Kevin Shutty,Mason County Commissioner Sharon Trask,Mason County Commissioner Gary Plews,Fire Commissioner Keri Davidson, Shelton School Board NEWS RELEASE March 29, 2022 MASON COUNTY COMMISSIONERS' OFFICE 411 N 5TH ST,BLDG 1, SHELTON,WA 98584 TO: KMAS, KRXY, SHELTON-MASON COUNTY JOURNAL, THE OLYMPIAN, SHELTON CHAMBER OF COMMERCE,NORTH MASON CHAMBER OF COMMERCE, CITY OF SHELTON, ECONOMIC DEVELOPMENT COUNCIL, THE SUN RE: Community Meeting—Sandhill County Park Mason County Parks and Trails is applying for a Washington State Recreation and Conservation Office(RCO)grant to expand the current complex by adding a synthetic field and a parking area. Prior to the submission of the projected improvement, the County would like to brief community members on the plans and solicit comments and support. This meeting is scheduled for April 1,2022 at 5:30 p.m. at the Sandhill County Park. We hope to see you there! For more information please contact John Taylor, Parks & Recreations Manager, at (360) 427-9670 ext. 669. BOARD OF MASON COUNTY COMMISSIONERS Randy Neatherlin, Kevin Shutty, Sharon Trask, Commissioner Chair Commissioner NEWS RELEASE March 29, 2022 MASON COUNTY COMMISSIONERS' OFFICE 411 N 5TH ST,BLDG 1, SHELTON,WA 98584 TO: KMAS, KRXY, SHELTON-MASON COUNTY JOURNAL, THE OLYMPIAN, SHELTON CHAMBER OF COMMERCE,NORTH MASON CHAMBER OF COMMERCE, CITY OF SHELTON, ECONOMIC DEVELOPMENT COUNCIL, THE SUN RE: Community Meeting—Union County Park Mason County Parks and Trails is applying for a Washington State Recreation and Conservation Office (RCO) grant to refurbish the Union County Park. Prior to the submission of the projected improvement, the County would like to brief community members on the plans and solicit comments and support. This meeting is scheduled for April 2, 2022 at 5:30 p.m. at the Union County Park covered area. We hope to see you there! For more information please contact John Taylor, Parks & Recreations Manager, at(360) 427-9670 ext. 669. BOARD OF MASON COUNTY COMMISSIONERS Randy Neatherlin, Kevin Shutty, Sharon Trask, Commissioner Chair Commissioner 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 Date: March 29, 2022 Agenda Item # $.1 Commissioner staff to complete) Briefing Date: March 21, 2022 Briefing Presented By: Diane Zoren [ ] Item was not previously briefed with the Board Please provide an explanation of urgency Item: Approval of the Resolution selecting the Shelton-Mason CountyJourna/as the official County newspaper for publishing certain legal publications. Background: RCW 36.72.075 requires the County legislative authority to select a legal newspaper as the official County newspaper for the term of one year. The Shelton-Mason CountyJourna/is the only newspaper published in the County that qualifies as a legal newspaper under RCW 65.16.020. Recommended Action: Approval of the Resolution selecting the Shelton-Mason CountyJourna/as the official County newspaper for publishing certain legal publications. Attachment(s): Resolution RESOLUTION NO. Amending Resolution No. 2021-19 A Resolution Selecting the Official Mason County Newspaper WHEREAS, RCW 36.72.075 requires the County legislative authority to let a contract to a legal newspaper to serve as the official County newspaper for the term of one year;and WHEREAS, if there is at least one legal newspaper published in the County,the contract shall be let to a legal newspaper published in the County; and WHEREAS,the Shelton-Mason County Journal is published in Mason County and qualifies as a legal newspaper in accordance with RCW 65.16.020. NOW, THEREFORE, BE IT RESOLVED, that the Board of County Commissioners of Mason County hereby declares the Shelton-Mason County Journal as the official County newspaper for furnishing certain legal publications for the period of one year beginning on April 1,2022. DATED this 29'h day of March,2022. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY,WASHINGTON McKenzie Smith,Clerk of the Board Randy Neatherlin,Commissioner APPROVED AS TO FORM: Kevin Shutty,Chair Tim Whitehead,Chief Deputy Prosecuting Attorney Sharon Trask,Commissioner MASON COUNTY AGENDA ITEM SUMMARY FORM To: Board of Mason County Commissioners From: Mark Neary Action Agenda: X Public Hearing: Other: Department: County Administrator Ext: 530 Date: March 29, 2022 Agenda Item# S, 2 (Commissioner staff to complete) Briefing Date: March 21,2022 Briefing Presented By: Mark Neary [ ] Item was not previously briefed with the Board Please provide an explanation of urgency Item• Building No. 10 project update. Back—around: Building No. 10 phase 2 external improvements need to be completed. The Board authorized amount for the contract is $3,314,595.67 which includes both phase 1 and 2 contracts. The contract is going to exceed the 10% change order allowance established in Resolution No. 77-05. This request is for the Board to approve an additional$415,404.33 for a total contract amount of$3,730,000 to complete phase 2 of this project. This amount will bring us current with submitted change orders received as of March 16,2022. As of February 28,2022,the County has paid$3,289,741.47 of this contract. Budget Impact(s): None—REET 1 currently has $1.5 million budgeted for courthouse improvements in 2022. Recommended Action: Approval to increase the Colvos Construction contract no. 20-087 budget to the amount of$3,730,000. Attachment(s): Colvos Construction Contract no.20-087 List of Prime Contract Change Orders PCCO Beginning Contract Amount Revised Ending Contract PCO# Summary Number 1 $ 2,216,218.00 $ 79,577.54 $ 2,295,795.54 1 Abestos Abatement 2 $ 2,295,795.54 $ 243,606.48 $ 2,539,402.02 2,5 3-year maintenance,bond delay, sales tax$233,105 3 $ 2,539,402.02 $ 98,870.56 $ 2,638,272.58 8,9, 11, 13, 14, 19 Wall vapor barrier,TI permit delay$62,225.33 (15 days) 4 $ 2,638,272.58 $ 61,501.34 $ 2,699,773.92 3,4,6, 16, 17 ADA refuce area,City plumbing updates,holding cell updates 5 $ 2,699,773.92 $ 85,994.17 $ 2,785,768.09 20-31,33,35 Final permit revisions,automatic door entrance,wall repair,drain removal 6 $ 2,785,768.09 $ 4,589.56 $ 2,790,357.65 34,36,37 Wall layout,revised lighting 7 $ 2,790,357.65 $ 16,030.87 $ 2,806,388.52 38-40,42-44,47,48 Guard and hand rails,exposed sprinklers,electrical panel revisions,window glazing,slab reinforcement,duct work 8 $ 2,806,388.52 $ 30,401.50 $ 2,836,790.02 32,45 Additional floor prep, fence design 9 $ 2,836,790.02 $ 18,102.16 $ 2,854,892.18 41,50, 51, 54-57 Holding cell lights,door hardware revisions,pre-punchlist,dock drop flashing 10 $ 2,854,892.18 $ 14,385.35 $ 2,869,277.53 18, 58-60 Lumber escalation, flooring joint repair,credit for owner contingency$24,703 11 $ 2,869,227.53 $ 662.82 $ 2,869,890.35 61,62 Builder risk insurance extension 12 $ 2,869,940.35 $ 724,698.31 $ 3,594,638.66 63,64 Phase 2 exterior improvements$660,865.37;permit revisions $63,832.94 13 $ 3,594,638.66 $ 59,953.01 $ 3,654,591.67 65,67-69,70,71 Extruded curb planter replacement;additional demo and concrete $10,648.06;project delays$35,585.40 Pending Approval $ 25,323.80 72 Delay costs associated with contract extension $ 37,127.12 73 NW corner of 5th and Cedar revisions to replace asphalt between corners $ 12,628.51 74 Revisions and clarifications of HMA vs concrete replacement $ 3,729,671.10 Total with pending change orders $ 3,730,000.00 New contract amount to be approved by the Board 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 29, 2022 Agenda Item # 6.3 Commissioner staff to com lete 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# 8086789-8087046 $ 1,582,109.67 Direct Deposit Fund Warrant# 85275-85666 $ 829,198.18 Salary Clearing Fund Warrant# 7006511-7006545 $ 1,118,837.14 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 $ 9,822,974.58 Direct Deposit YTD Total $ 4,040,647.49 Salary Clearing YTD Total $ 4,320,726.22 Approval of Treasure Electronic Remittances YTD Total $ 4,819,589.23 Recommended Action: Approval to: Move to approve the following warrants Claims Clearing Fund Warrant# 8086789-8087046 $ 1,582,109.67 Direct Deposit Fund Warrant# 85275-85666 $ 829,198.18 Salary Clearing Fund Warrant# 7006511-7006545 $ 1,118,834.14 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 o: Board of Mason County Commissioners From: Marissa Watson Action Agenda 0 Public Hearing ❑ Other ❑ Department: Community Services - Planning Ext: 367 Date: March zg, 2022 Agenda Item #8.4 (Commissioner Staff To Complete) Briefing Date: March 14, 2022 Briefing Presented By: Marissa Watson [ ] Item Was Not Previously Briefed With The Board Please Provide Explanation Of Urgency ITEM: Set a public hearing for April 26, 2022 at 915am to consider the annual update to the Capital Facilities Plan (chapter 6 of the Mason County Comprehensive Plan). BACKGROUND: The Planning Department received updates to the Capital Facilities Plan from the Departments of Public Works and Support Services. The Planning Advisory Commission held a public hearing to consider this update on February 28, 2022. They recommended to forward the updates to the BOCC. The Planning Department is planning a more comprehensive update to the Capital Facilities Plan a little later this year RECOMMENDED ACTION: Board of County Commissioners shall set a public hearing on April 26, 2022 at 915 a.m. to consider the proposed amendments to the Capital Facilities Plan, chapter 6 of the Mason County Comprehensive Plan. ATTACHMENT(S): Notice of Hearing 3/21/2022 NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold a public hearing at the Mason County Courthouse Building I, Commission Chambers, 411 North Fifth Street, Shelton, WA 98584 on Tuesday, April 26, 2022, at 9 A.M. SAID HEARING will be to consider adopting the following amendments: • Amendments to the Mason County Capital Facilities Plan (chapter 6 of the Mason County Comprehensive Plan); these updates were prompted by the annual capital budget and include updates to the capital improvement program worksheets, narratives, dates, and corrections to scrivener's errors. If you have questions, please contact Marissa Watson (360) 427-9670, Ext. 367. If special accommodations are needed, please contact the Commissioners' office, 427- 9670, Ext. 419. DATED this 29th day of March 2022 BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Clerk of the Board c: Journal- Publish 2x: April 7 and 14, 2022 (Bill: Community Development—615 W. Alder, Shelton, WA 98584) MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Ian Tracy Action Agenda x Public Hearing Other DEPARTMENT: Community Services, EH EXT: 279 DATE: 3/29/2022 Agenda Item # B-15 Commissioner staff to complete) BRIEFING DATE: 3/14/2022 & 3/21/2022 BRIEFING PRESENTED BY: Alex Paysse [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Onsite Sewage Advisory Committee applications Background: In response to current and upcoming vacancies, mason county has received three applications to serve on the Onsite Sewage Advisory Committee. • Wes Graves — Pumper Position — Expires on 3/26 and Wes would like to continue his participation. • Dave Killoran — Contractor Position — Existing vacant position, no other applications received. • Kim Delaney— Citizen Position — Expires on 3/26 and Kim would like to continue her participation. Budget Impacts: NA RECOMMENDED ACTION: Approval to appoint Wes Graves (Pumper), Dave Killoran (Contractor), and Kim Delaney (Citizen) to the Onsite Sewage Advisory Committee for a 3 year term per committee bylaws. Attachment(s): Applications Authentislgn 10:412903EF-410A-4B1E•90B5-60A417E46FSF °pahrA MASON COUNTY COMMISSIONERS 411 NORTH FIFTH STREET SHELTON WA 98584 = Fax 360-427-8437; Voice 360-427-9670, Ext. 419;275-4467 or 462-5269 �esr I AM SEEKING APPOINTMENT TO NAME: Kim Delany ADDRESS: PHONE: CITY/ZIP: VOTING PRECINCT: WORK PHONE: (OR AREA IN THE COUNTY YOU LIVE) E-MAIL: -------------- ------------------------------------------------------------------------------ COMMUNITY SERVICE EMPLOYMENT:(IF RETIRED. PREVIOUS EXPERIENCE) (ACTIVITIES OR MEMBERSHIPS) COMPANY: REMAX Top Executives- 10 yrs YRS Mason C. Septic Advisory Panel POSITION: Broker Mason C. Board of Realtors-President COMPANY: YRS Schirm Lp Water Board POSITION: -------------------------------------------------------------------------------------------- In your words,what do you perceive is the role or purpose of the Board, Committee or Council for which you are applying: To help guide the public and health department in environmentally friendly and common sense approach o protecting our ground water for u ure genera Ion What interests,skills do you wish to offer the Board, Committee,or Council? 30 years of experience in land development and sales Please list any financial, professional, or voluntary affiliations which may influence or affect your position on this Board: (i.e.create a potential conflict of interest) Please refer to the community service and employment portion of this application Your participation is dependent upon attending certain trainings made available by the County during regular business hours (such as Open Public Meetings Act and Public Records).The trainings would be at no cost to you.Would you be able to attend such trainings? yes Realistically,how much time can you give to this position? X Quarterly Monthly Weekly Daily r A t),eni- .. Office Use Only Ddang 03/09/2022 319rz022 10:46:4e AM PST ----- Appointment Date Signature Date Terns Expire Date 1VL4SON COUNTY COMARSSIONERS 471 NORTH FIFTH STREET SHELTON WA 98584 Fax 360-427-8437; Voice 360-42.7-9670. Ext. 499; 275-4467 or462-5269 ; 1854 I AM S EKING APPOINT IENTTQ ADDRESS: PHONE: -�` CITY/ZIP: VOTING PRECINCT: WORK PHONE: AREA IN THE COUNTY YOU LIVE) E-MAIL: - ..... -----------------------------_ COMMUNITYISERVICE EMPLOYMENT: (IF RETIRED. PREVIOUS EXPERIENCE) (.ACTIVITIES OR Mi MBERSHIPS) COMPANY: - � _ �C-3 YRS YYY POSITION: 1 - COMPANY: YRS POSITION: ------- ------------- ------------------ --------------- ------------------------ .k... i i In your w rds,what do you perceive is the role or purpose of the Board, Committee or Council for which you are applying: r ( r3porl ✓ 1 ) i What interests, skills do you wish to offer the Board, Committee, or Council? S Oct pru\-� n o , ► - t Please list any financial, professional, o oluntary affiliations which may influence or affect your position on this Board: (i.e. creat a potential conflict of interest -!v Your anti!( ation is do ende t upon attending certain trainin s Wade available b the Count during regular business hours P ��P p � P 9 9 Y Y 9 9 (such as Open Public Meetings Act and Public Records).The trainings would be at no cost to you.Would you be able to a7nd such trainings? Realistically,how much time can you iv this position? Quarterly o " Weekly Daily Office Use Only Appointment Date Sign . . Term Expire Datei MASON COUNTY COMMISSIONERS 411 NORTH FIFTH STREET SHELTON WA 98584 Fax 360-427-8437;Voice 360-427-9670, Ext.419;275-4467 or 482-5269 last I AM SEEKING APPOINTMENT TO OSAC(On-Site Sewage Advisory Committee) NAME: Dave Killoran ADDRESS: PHONE: CITY/ZIP: VOTING PRECINCT: WORK PHONE: Thurston (OR AREA IN THE COUNTY YOU WE) E-MAIL: ---__----______------__-__----_______--------------_-----------_-__-----------------_---__-_ COMMUNITY SERVICE EMPLOYMENT:(IF RETIRED, PREVIOUS EXPERIENCE) erTBuilde R MEMBERSHIPS) COMPANY: Counter-Fit Construction, Inc./15 years YRS Olympia Mast POSITION: Owner/General Contractor COMPANY: _—_-_— -_— YRS POSITION: --------------------------------------------------------------------------------------------- In your words,what do you perceive is the role or purpose of the Board, Committee or Council for which you are applying: Observe,listen,learn,provide objective and common sense viewpoints What interests,skills do you wish to offer the Board,Committee,or Council? A builder's perspective regarding the integration of on-site septic systems within the overall scope of custom home development. Please list any financial, professional, or voluntary affiliations which may influence or affect your position on this Board: (i.e.create a potential conflict of interest) None known Your participation is dependent upon attending certain trainings made available by the County during regular business hours (such as Open Public Meetings Act and Public Records).The trainings would be at no cost to you.Would you be able to attend such trainings? Yes Realistically,how much time can you give to this position? X Ou rly l Y Mo thly Weekh+ Darr Office Use Only Appointment Date Sig! Cwte --- Temi Expire Date Re:application Odakillol <counterfitconstruction@gmaii.com> �j Reply «j Reply All forward ! ... To Alex Paysse Mon 3/1420221030 AM Retention Policy MascnCounty(90 days) Expires 6/12,12022 Caution:External Email Warning!This email has originated from outside of the Mason County Network.Do not click links or open attachments unless you recognize the sender,are expecting the email,and know the content is safe.If a link sends you to a website where you are asked to validate using your Account and Password,DO NOT DO SO!Instead,report the incident. Hi Alex, I lived in Shelton for over 40 years(minus a 4 year tour in the military),moving to west Olympia in September 2020. I entered the trade in 1997,incorporating and forming my own business in 2007. All of my contacts,subcontractors and,frankly,comfort of surroundings,still lie within Mason County. I have yet to take a job outside of Mason County since moving to Olympia,and I don't see that changing soon. Dave On Mon,Mar 14,2022 at 10:25 AM Alex Paysse<AlexP(amasoncountywa.gov>wrote: Good morning,Dave. We wanted to double check your place of residence,primarily if you reside in Mason County or not. Looking at your application it appears you reside in Thurston Co.but offer construction services in Mason? Thanks for more information. Alex Paysse I Environmental Health Manager 360-427-9670,Extension 279 ) alexpZmosoncountywa.gov Mason County Community Services(Public Health; 41.5 N,.6th Stre Et_.�.S h e Ito n,_W A 98584 vvww.maso n countywa.g ov MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Malissa Paulsen Action Agenda _X_ Public Hearing Other DEPARTMENT: Community Development EXT: 282 DATE: 3/15/2022 Agenda Item # 8,`p Commissioner staff to complete) BRIEFING DATE: 3/29/21 BRIEFING PRESENTED BY: Malissa Paulsen [ X ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval of a Heritage Grant applications for $8,700 on the March 29th BOCC Action Agenda. EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions) At their February 2022 monthly meeting the MCHPC voted to forward the following Heritage Grants to the BOCC for approval: Matlock Historical Society: $2,000.00 for the purchase of Stick-Built Outside Storage Shed. Great Peninsula Conservancy: $2,000.00 towards the organization and speaker fees for Walk and Talk events for sites of historical significance in Mason County. McReavy House Museum of Hood Canal: $2,000.00 towards reproduction millwork for restoration of the museum's front entry and walking porch. Peninsular Railway Et Lumbermen's Museum: $2,000.00 for Patio Pavers and other materials to assist in restoration and reassembly of the steel arena-type building donated by Pale Horse films of Shelton. Mason County Historical Society: $700 towards digital archive scanning of approximately 750 photograph negatives in the society's collection. BUDGET IMPACTS: The Historic Preservation Commission budgeted $10,000.00 for Heritage Grants for fiscal year 2022. If approved by the BOCC, this grant cycle will Action Item Summary Form Heritage Grants 2022 cost the Historic Preservation fund $8,700.00. This will leave a remaining balance of $1,300.00. RECOMMENDED OR REQUESTED ACTION: Approval of five 2022 Mason County Heritage Grants, as discussed above, for a total amount of $8,700.00 on the March 291h Action Agenda. ATTACHMENTS: Grant Contract with Scope of Work (Exhibit "A"), Grant Contract with Scope of Work (Exhibit "B"), Grant Contract with Scope of Work (Exhibit "C), Grant Contract with Scope of Work (Exhibit "D"), Grant Contract with Scope of Work (Exhibit „E„), Action Item Summary Form Heritage Grants 2022 HERITAGE GRANT CONTRACT This Heritage Grant Contract(this"Contract")is entered into as of March 16,2021 by and between Mason County(the"County"),and the Mason County Historical Society(the"Grantee"). Great Peninsula Conservancy Mason County Attn:Nathan Daniel c/o Mason County Historic Preservation Commission 423 Pacific Ave,Suite 300 615 W Alder Street Bremerton,WA 98337 Shelton,WA 98584 (360)373-3500 Attn:Malissa Paulsen (360)427-9670 ext.282 RECITALS 1.The Grantee has applied for a grant in the amount of$2,000 towards the organization and speaker fees for Walk and Talk events for sites of historical significance in Mason County. 2.The County is granting up to the$2,000 requested for this project on a reimbursement basis,based on receipts.All persons performing the work associated with this grant shall act as an independent contractor(s),and not as an employee(s),on the terms and conditions set forth herein.The money for this grant comes from fees collected by the Mason County Auditor as authorized by RCW 36.22.170,which established a dedicated fund for support local historic preservation. AGREEMENT In consideration of the foregoing and of the mutual promises set forth herein,and intending to be legally bound,the parties herein agree as follows: 1.Eng_ ement (a)The County hereby agrees to reimburse the Grantee up to the full amount of the grant based on an invoice and a final report of the completion of the restoration of the historic shed as described in the scope-of-work (Exhibit "A"),which shall be performed by independent contractor(s). (b)The Grantee hereby accepts the engagement to have said work performed, to present an invoice and a final report for reimbursement and agrees to an inspection of the final product prior to receiving payment under the terms and conditions set forth herein. 2.Term. (a) This Contract will commence on the date written above, and unless modified by the mutual written agreement of the parties,shall continue until six months from that date. March 29,2021 to September 29,2021 The Grantee may request a one-time six-month extension.Extension request must be in writing and be submitted to the Mason County Historic Preservation Commission for approval no later then 5:00 p.m. four months from the date of the award(July 29,2021). 2021A 3.Grantee's ObliEations (a) The Grantee shall provide a scope-of-work, consistent with the grant application,which shall be attached to this contract as Exhibit A. (b)Upon completion of the project the Grantee shall provide the County with an invoice for reimbursement for the work approved by this grant award.At a minimum the invoice shall include the organization's name, remittance address, date,details of expenses (paid receipts), invoice total and program or grant being billed.Grantees will allow at least 60-days for reimbursement after the invoice has been received by the County. (c)Upon completion of the granted project,a final report shall be submitted by the Grantee to the Mason County Historic Preservation Commission.The final report shall summarize the project, its completion and outcome. The final report shall be submitted to the Mason County Historic Preservation Commission,615 West Alder St,Shelton,WA 98584 within 10 calendar days of the authorized grant completion date. (d)Grant recipients are required to comply with all local, state, and federal permit requirements,ordinances and laws.Non-compliance can result in the revocation of approved funding. Chair,Mason County Board of County Commissioners Date Chair,Mason County Historic Preservation Commission Date Authorized Representative of the Grantee Date 2021 A EXHIBIT A Great Peninsula Conservancy - $2,000.00 The Great Peninsula Conservancy will use the funds to provide for speaker fees and organization of Walk and Talk events at sites of historical significance in Mason County. The events will be organized to share the stories of the land from indigenous, non-indigenous, and natural historical perspectives of the Davis Family Farm, the Hahobas Shoreline Preserve, and the Klingel-Bryan-Beard Wildlife Refuge. 2021A HERITAGE GRANT CONTRACT This Heritage Grant Contract(this"Contract")is entered into as of March 16,2021 by and between Mason County(the"County"),and the Mason County Historical Society(the"Grantee"). Matlock Historical Society Mason County Attn:Rose Cloner/Susan Stanley c/o Mason County Historic Preservation Commission PO Box 276 615 W Alder Street Matlock,WA 98560 Shelton,WA 98584 (360)490-9447 Attn:Malissa Paulsen (360)427-9670 ext.282 RECITALS 1.The Grantee has applied for a grant in the amount of$2,000 for the purchase of paint and labor to refresh the museums' stick-built outside storage shed. 2.The County is granting up to the$2,000 requested for this project on a reimbursement basis,based on receipts.All persons performing the work associated with this grant shall act as an independent contractor(s),and not as an employee(s),on the terms and conditions set forth herein.The money for this grant comes from fees collected by the Mason County Auditor as authorized by RCW 36.22.170,which established a dedicated fund for support local historic preservation. AGREEMENT In consideration of the foregoing and of the mutual promises set forth herein, and intending to be legally bound,the parties herein agree as follows: 1.Engagement (a)The County hereby agrees to reimburse the Grantee up to the full amount of the grant based on an invoice and a final report of the completion of the restoration of the historic shed as described in the scope-of-work (Exhibit "A"),which shall be performed by independent contractor(s). (b)The Grantee hereby accepts the engagement to have said work performed, to present an invoice and a final report for reimbursement and agrees to an inspection of the final product prior to receiving payment under the terms and conditions set forth herein. 2.Term. (a) This Contract will commence on the date written above, and unless modified by the mutual written agreement of the parties,shall continue until six months from that date. March 29,2021 to September 29,2021 The Grantee may request a one-time six-month extension.Extension request must be in writing and be submitted to the Mason County Historic Preservation Commission for approval no later then 5:00 p.m. four months from the date of the award(July 29,2021). 2021 A 3.Grantee's Obligations (a) The Grantee shall provide a scope-of-work, consistent with the grant application,which shall be attached to this contract as Exhibit A. (b)Upon completion of the project the Grantee shall provide the County with an invoice for reimbursement for the work approved by this grant award. At a minimum the invoice shall include the organization's name, remittance address, date, details of expenses (paid receipts), invoice total and program or grant being billed.Grantees will allow at least 60-days for reimbursement after the invoice has been received by the County. (c)Upon completion of the granted project,a final report shall be submitted by the Grantee to the Mason County Historic Preservation Commission.The final report shall summarize the project, its completion and outcome. The final report shall be submitted to the Mason County Historic Preservation Commission,615 West Alder St,Shelton,WA 98584 within 10 calendar days of the authorized grant completion date. (d)Grant recipients are required to comply with all local, state, and federal permit requirements,ordinances and laws.Non-compliance can result in the revocation of approved funding. Chair,Mason County Board of County Commissioners Date Chair,Mason County Historic Preservation Commission Date Authorized Representative of the Grantee Date 2021A EXHIBIT B Matlock Historical Society - $2,000.00 The Matlock Historical Society will use the funds to towards the purchase of paint and labor to refresh the museums' stick-built outside storage shed. The approximate cost of the Sherwin-Williams®house stain is approximately $300.00 for 5 gallons, with the shed needing approximately 42.5 gallons (9 — 5-gallon units) 2021 A HERITAGE GRANT CONTRACT This Heritage Grant Contract(this"Contract")is entered into as of March 16,2021 by and between Mason County(the"County"),and the Mason County Historical Society(the"Grantee"). McReavy House Museum of Hood Canal Mason County Attn:Jayni Kamin c/o Mason County Historic Preservation Commission PO Box 388 615 W Alder Street Union,WA 98592 Shelton,WA 98584 (360)239-6790 Attn:Malissa Paulsen (360)427-9670 ext.282 RECITALS 1.The Grantee has applied for a grant in the amount of$2,000 towards reproduction millwork for restoration of the museums front entry and walking porch. 2.The County is granting up to the$2,000 requested for this project on a reimbursement basis,based on receipts.All persons performing the work associated with this grant shall act as an independent contractor(s),and not as an employee(s),on the terms and conditions set forth herein.The money for this grant comes from fees collected by the Mason County Auditor as authorized by RCW 36.22.170,which established a dedicated fund for support local historic preservation. AGREEMENT In consideration of the foregoing and of the mutual promises set forth herein,and intending to be legally bound,the parties herein agree as follows: 1.Enga eg ment (a)The County hereby agrees to reimburse the Grantee up to the full amount of the grant based on an invoice and a final report of the completion of the restoration of the historic shed as described in the scope-of-work (Exhibit "A"),which shall be performed by independent contractor(s). (b)The Grantee hereby accepts the engagement to have said work performed, to present an invoice and a final report for reimbursement and agrees to an inspection of the final product prior to receiving payment under the terms and conditions set forth herein. 2.Term. (a) This Contract will commence on the date written above, and unless modified by the mutual written agreement of the parties,shall continue until six months from that date. March 29,2021 to September 29,2021 The Grantee may request a one-time six-month extension.Extension request must be in writing and be submitted to the Mason County Historic Preservation Commission for approval no later then 5:00 p.m. four months from the date of the award(July 29,2021). 2021A 3.Grantee's Obligations (a) The Grantee shall provide a scope-of-work, consistent with the grant application,which shall be attached to this contract as Exhibit A. (b)Upon completion of the project the Grantee shall provide the County with an invoice for reimbursement for the work approved by this grant award. At a minimum the invoice shall include the organization's name, remittance address, date, details of expenses (paid receipts), invoice total and program or grant being billed.Grantees will allow at least 60-days for reimbursement after the invoice has been received by the County. (c)Upon completion of the granted project,a fmal report shall be submitted by the Grantee to the Mason County Historic Preservation Commission.The final report shall summarize the project, its completion and outcome. The final report shall be submitted to the Mason County Historic Preservation Commission,615 West Alder St,Shelton,WA 98584 within 10 calendar days of the authorized grant completion date. (d)Grant recipients are required to comply with all local, state, and federal permit requirements,ordinances and laws.Non-compliance can result in the revocation of approved funding. Chair,Mason County Board of County Commissioners Date Chair,Mason County Historic Preservation Commission Date Authorized Representative of the Grantee Date 2021A EXHIBIT C McReavy House Museum of Hood Canal - $2,000.00 The McReavy House Museum of Hood Canal will use the funds towards the purchase of reproduction millwork to restore the museums front entry and porch to appear more like the original 1890 appearance. The materials have been mostly donated, most of the funds will be used to purchase the new replacement corbels (14) and brackets (12) from a historic millwork company in California. 2021A HERITAGE GRANT CONTRACT This Heritage Grant Contract(this"Contract")is entered into as of March 16,2021 by and between Mason County(the"County"),and the Mason County Historical Society(the"Grantee"). Mason County Historical Society Mason County Attn:Elizabeth Arbaugh c/o Mason County Historic Preservation Commission PO Box 1366 615 W Alder Street Shelton,WA 98584 Shelton,WA 98584 (360)426-1020 Attn:Malissa Paulsen (360)427-9670 ext.282 RECITALS 1.The Grantee has applied for a grant in the amount of$700.00 towards digital archive scanning for approximately 750 photograph negatives in the society's collection. 2.The County is granting up to the$2,000 requested for this project on a reimbursement basis,based on receipts.All persons performing the work associated with this grant shall act as an independent contractor(s),and not as an employee(s),on the terms and conditions set forth herein.The money for this grant comes from fees collected by the Mason County Auditor as authorized by RCW 36.22.170,which established a dedicated fund for support local historic preservation. AGREEMENT In consideration of the foregoing and of the mutual promises set forth herein,and intending to be legally bound,the parties herein agree as follows: 1.Engagement (a)The County hereby agrees to reimburse the Grantee up to the full amount of the grant based on an invoice and a final report of the completion of the restoration of the historic shed as described in the scope-of-work (Exhibit "A"),which shall be performed by independent contractor(s). (b)The Grantee hereby accepts the engagement to have said work performed, to present an invoice and a final report for reimbursement and agrees to an inspection of the final product prior to receiving payment under the terms and conditions set forth herein. 2.Term. (a) This Contract will commence on the date written above, and unless modified by the mutual written agreement of the parties,shall continue until six months from that date. March 29,2021 to September 29,2021 The Grantee may request a one-time six-month extension.Extension request must be in writing and be submitted to the Mason County Historic Preservation Commission for approval no later then 5:00 p.m. four months from the date of the award(July 29,2021). 2021A 3.Grantee's Obligations (a) The Grantee shall provide a scope-of-work, consistent with the grant application,which shall be attached to this contract as Exhibit A. (b)Upon completion of the project the Grantee shall provide the County with an invoice for reimbursement for the work approved by this grant award.At a minimum the invoice shall include the organization's name, remittance address, date, details of expenses (paid receipts), invoice total and program or grant being billed.Grantees will allow at least 60-days for reimbursement after the invoice has been received by the County. (c)Upon completion of the granted project,a fmal report shall be submitted by the Grantee to the Mason County Historic Preservation Commission.The final report shall summarize the project, its completion and outcome. The final report shall be submitted to the Mason County Historic Preservation Commission,615 West Alder St,Shelton,WA 98584 within 10 calendar days of the authorized grant completion date. (d)Grant recipients are required to comply with all local, state, and federal permit requirements,ordinances and laws.Non-compliance can result in the revocation of approved funding. Chair,Mason County Board of County Commissioners Date Chair,Mason County Historic Preservation Commission Date Authorized Representative of the Grantee Date 2021 A EXHIBIT E Mason County Historical Society The Mason County Historical Society will use the funds towards labor and other general costs to digitally archive the society's collection of approximately 750 photograph negatives from photographer W.S. Heckman. 2021A HERITAGE GRANT CONTRACT This Heritage Grant Contract(this"Contract")is entered into as of March 16,2021 by and between Mason County(the"County"),and the Mason County Historical Society(the"Grantee"). Peninsular Railway&Lumbermen's Museum Mason County Attn:Kevin Kesterson c/o Mason Co.Historic Preservation Comm. PO Box 1333 615 W Alder Street Shelton,WA 98584 Shelton,WA 98584 (360)589-9201 Attn:Malissa Paulsen (360)427-9670 ext.282 RECITALS 1.The Grantee has applied for a grant in the amount of$2,000 for patio pavers and other materials to assist in restoration and reassembly of the steel arena-type building donated by Pale Horse films of Shelton. 2.The County is granting up to the$2,000 requested for this project on a reimbursement basis,based on receipts.All persons performing the work associated with this grant shall act as an independent contractor(s),and not as an employee(s),on the terms and conditions set forth herein.The money for this grant comes from fees collected by the Mason County Auditor as authorized by RCW 36.22.170,which established a dedicated fund for support local historic preservation. AGREEMENT In consideration of the foregoing and of the mutual promises set forth herein,and intending to be legally bound,the parties herein agree as follows: 1.Eng_agement (a)The County hereby agrees to reimburse the Grantee up to the full amount of the grant based on an invoice and a final report of the completion of the restoration of the historic shed as described in the scope-of-work (Exhibit "A"),which shall be performed by independent contractor(s). (b)The Grantee hereby accepts the engagement to have said work performed, to present an invoice and a final report for reimbursement and agrees to an inspection of the final product prior to receiving payment under the terms and conditions set forth herein. 2.Term. (a) This Contract will commence on the date written above, and unless modified by the mutual written agreement of the parties,shall continue until six months from that date. March 29,2021 to September 29,2021 The Grantee may request a one-time six-month extension.Extension request must be in writing and be submitted to the Mason County Historic Preservation Commission for approval no later then 5:00 p.m. four months from the date of the award(July 29,2021). 2021 A 3.Grantee's Obligations (a) The Grantee shall provide a scope-of-work, consistent with the grant application,which shall be attached to this contract as Exhibit A. (b)Upon completion of the project the Grantee shall provide the County with an invoice for reimbursement for the work approved by this grant award.At a minimum the invoice shall include the organization's name, remittance address, date, details of expenses (paid receipts), invoice total and program or grant being billed.Grantees will allow at least 60-days for reimbursement after the invoice has been received by the County. (c)Upon completion of the granted project,a final report shall be submitted by the Grantee to the Mason County Historic Preservation Commission.The final report shall summarize the project, its completion and outcome. The final report shall be submitted to the Mason County Historic Preservation Commission,615 West Alder St,Shelton,WA 98584 within 10 calendar days of the authorized grant completion date. (d)Grant recipients are required to comply with all local, state, and federal permit requirements,ordinances and laws.Non-compliance can result in the revocation of approved funding. Chair,Mason County Board of County Commissioners Date Chair,Mason County Historic Preservation Commission Date Authorized Representative of the Grantee Date 2021 A EXHIBIT D Peninsular Railway& Lumbermen's Museum - $2,000.00 The McReavy House Museum of Hood Canal will use the funds towards the purchase of patio pavers and other materials to assist in the restoration and reassembly of the steel area-type building donated by Pale Horse films of Shelton. 2021 A MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Richard Dickinson, Deputy Director/U&W Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: March 29, 2022 Agenda Item # BRIEFING DATE: March 21, 2022 BRIEFING PRESENTED BY: Justin Phelps [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval of repairs for Ultraviolet (UV) disinfection systems at the Belfair Water Reclamation Facilities BACKGROUND: Mason County's Belfair Reclaimed Water Facility utilizes an Ultraviolet radiation disinfection system as the final treatment of effluent. UV disinfection is used to inactivate bacteria and viruses that may still be present in the effluent after it has gone through the treatment processes at the reclamation facility. In 2021, Belfair's Reclaimed Water Facility received a number of permit exceedances for effluent total coliform. On November 3rd and 4th, a technical field specialist came out to inspect and review operations of our UV systems at Belfair. Upon inspection and review of Belfair's operations there were many deficiencies noted. A copy of the field service report is attached along with the quote from the manufacturer that corresponds to the recommendations from the field specialist. This order will replace the necessary components that the field specialist recommended. The Trojan UV quote is $31,146.72 and will require sole source approval by the Board. There are funds in the Belfair Wastewater Maintenance budget to cover the cost RECOMMENDED ACTION: Recommend the Board of Commissioners execute the resolution authorizing Public Works to purchase OEM parts as sole source from Trojan UV to repair the UV disinfections system at Belfair Water Reclamation Facility. ATTACHMENTS: 1) Field Service Report from Mike Hicken 2) Trojan UV Quote 3) Draft Sole Source Resolution 4) Sole Source Justification form �3 TROJAN UV' C^.► CERTIFIED SERVICE ' Field Service Report GET GENUINE. Technical Field Specialist: Mike Hicken Site Name: Belfair-WRF- MBR Service Order: 00141863 Project Number: 511573 Service Creator: Acacio Tsuru Site Contact: Justin Phelps(Facility manager) Equipment Type: UV3Plus Telephone: 360.427.9670, ext 457 PLC platform: Controll-ogix L6x Cell: PLC Firmware: 4203 Email: jphelps(cDmasoncountrywa.gov PLC Software Required: RSLogix 500 Report Date: PLC VM Revision: Address: Belfair WRF Status: Invoicable 25200 NE SR-3, Belfair, WA Estimated Time On Site: 16 hours US Requested Service Date: November 3rd, 2021 PO: 950799 Field Service Tasks Task Completed (Yes/No) 1. 446022-020 OIL,MINERAL HYDRAULIC 20L 2. 907384 FLTR ELEM, 10MICRON ABS SYNTH 3. 914569-150 FUSE, 15A 600V CLASS CC ATQR 4. 005066 GREASE, FOOD GRADE CC LUBE 5. 914385 MODULE BOARD KIT, UV3+G2 6. 794447-ORD LAMP, GA64T6HE ANGLE BASE Parts and Tools Required 1. Field Service Dates Date onsite Time arrived Time departed Total Time 11/03/2021 8:15am 5:15 m 9hrs+.75 loc travel 11/04/2021 8am 4:30 m 8.5hrs+.5 to site Field Service Details 1. Worked on CCB/HSC comm errors. Nothing was communicating when I got there. I went through all connections and reset the PLC and communications returned. 2. All wiper seals were worn out. They had some on site and we ordered the rest so they could change out. I trained them how to do it. 3. The UVT analyzer does not work but they chose to leave for now. They would like a quote on a portable photometer. 4. They had several lamps and ballasts out. We changed them all and showed them how to change ballasts and to properly set addresses. TROJAN TECHNOLOGIES 3020 GORE ROAD. LONDON,ONTARIO,CANADA N5V 4T7 T 519.45T3400 F 519.457.3030 WWW,TROJANUV.COM Pagel 3 TROJAN UV" �--r CERTIFIED SERVICE Field Service Report GET GENUINE. 5. There were several module comm errors. I polished the pins on the cable and communications returned. I showed them how to do this and suggested that they buy some Corrosion Zero product recommended by TAC to keep it from happening again. 6. Replaced 3 lamp holders and showed them how to do that. 7. None of the intensity sensors worked. I ordered all new sensors and a bunch of parts through Heather, along with new lamps sleeves. The are close to EOL and the sleeves are sketchy. Spare Parts on Site Description Expected Actual Parts Replaced 1. Outstanding Items What is remaining? Owner They would like a quote on a portable photometer. AMPS/Equipment Details Lamp Hours Bank Hours Not Genuine Component Manufacturer if available TROJAN TECHNOLOGIES 3020 GORE ROAD, LONDON,ONTARIO.CANADA N5V 4T7 T 519,457.3400 F 519.457.3030 WWW.TROJANUV.COM Page 2 TROJAN UY, QUOTE A TRO_AN-I UCHVO_UCI-tS CI;S:VL'SS A division of Trojan Technologies Group ULC 3020 GORE ROAD Original LONDON, ONTARIO, CANADA N5V 4T7 T 519.457.3400 F 519.457.3030 www.trojanuv.com QUOTE FOR: BELFAIR WWTF SHIP TO: MASON COUNTY/BELFAIR WWTF 100 PUBLIC WORKS DRIVE BOB CHOATE 360-427-9670 ext457 SHELTON,WA 100 PUBLIC WORKS DRIVE 98584-9714 SHELTON,WA UNITED STATES 98584 UNITED STATES FOR CUSTOMER SERVICE, CONTACTAYUSH SINGH FORWARD AGENT: VOICE-1-800-291-0218 CUSTOMER#: 144830 FAX 1-800-291-0083 EMAIL mountainwestus@trojantechnolog QUOTE#: 125493 QUOTE DATE: 11-12-2021 REFERENCE: PJ511573JUSTINNOV24 LOB: W97 AFTERM ARK ET PARTS We thank you for your inquiry. QTY UNIT ITEM PRICE UNIT AMOUNT ** SHIP AS SOON AS POSSIBLE! ATTN: JUSTIN PHELPS 360-427-9670 Ext 457 ** 7.00 EA 331014-003 1733.50EA WAT 12134.50 LAMP SLEEVE KIT , ORD 3+ 4PKG 3.00 EA 015404-400 3871.00EA WAT 11613.00 SENSOR ASSY KIT, UV3+ NIST 4.0 ** INCLUDES UVI SENSOR 015393-s-158NB, sensor sleeves 015239, UVI SENSOR HARDWARE AND BRACKET (HOLD SENSOR TO MODULE),UVT sensor sleeve support bracket ** 3.00 EA 015509 162.50EA WAT 487.50 KIT, SENSOR CABLE W/GREASE 1.00 EA 015408 43.00EA WAT 43.00 RECEPTACLE, UV3+ SENSOR - PDC 1.00 CS 901507 218.50CS WAT 218.50 CLEANER, ACTICLEAN GEL 4X4L 12.00 EA 327795 7.00EA WAT 84.00 Page 1 TROJAN UV-, QUOTE A TNO;AN'1El'HWU)CILS 06l :ALSI A division of Trojan Technologies Group ULC 3020 GORE ROAD Original LONDON, ONTARIO,CANADA N5V 4T7 T 519.457.3400 F 519.457.3030 www.trojanuv.corn QUOTE FOR: BELFAIR WWTF SHIP TO: MASON COUNTY/BELFAIR WWTF 100 PUBLIC WORKS DRIVE BOB CHOATE 360-427-9670 ext457 SHELTON,WA 100 PUBLIC WORKS DRIVE 98584-9714 SHELTON.WA UNITED STATES 98584 UNITED STATES FOR CUSTOMER SERVICE, CONTACTAYUSH SINGH FORWARD AGENT: VOICE-1-800-291-0218 CUSTOMER#: 144830 FAX 1-800-291-0083 EMAIL mountainwestus@trojantechnolog QUOTE#: 125493 QUOTE DATE: 11-12-2021 REFERENCE: PJ511573JUSTINNOV24 LOB: W97 AFTERMARKET PARTS We thank you for your inquiry. QTY UNIT ITEM PRICE UNIT AMOUNT ** SHIP AS SOON AS POSSIBLE! ATTN: JUSTIN PHELPS 360-427-9670 Ext 457 ** VENT KIT, UV3+07 P.RELIEF PLUG 3.00 EA 327125-180PLGTOP 82.50EA WAT 247.50 CANISTER ASSY,UV3+ LUG PLG TOP 1.00 EA 327125-180STDMID 82.50EA WAT 82.50 CANISTER ASSY,UV3+ LUG STD MID 1.00 EA 327125-025STDCYL 82.50EA WAT 82.50 CANISTER ASSY,UV3+ LUG STD CYL 1.00 EA 327125-180SNRCYL 77.00EA WAT 77.00 CANISTER ASSY,UV3+ LUG SNR CYL 4.00 EA 327125-180SNRMID 77.00EA WAT 308.00 CANISTER ASSY,UV3+ LUG SNR MID 1.00 EA 327125-180PLGBOT 82.50EA WAT 82.50 CANISTER ASSY,UV3+ LUG PLG BOT 1.00 EA 905107 2972.00EA WAT 2972.00 Page 2 TROJAN UY QUOTE A 1R0:AN 160 A0 AQhS cGS'JL'i5 A division of Trojan Technologies Group ULC 3020 GORE ROAD Original LONDON, ONTARIO, CANADA N5V 4T7 T 519.457.3400 F 519.457,3030 www.trojanuv.com QUOTE FOR: BELFAIR WWTF SHIP TO: MASON COUNTYtBELFAIR WWTF 100 PUBLIC WORKS DRIVE BOB CHOATE 360-427-9670 ext457 SHELTON,WA 100 PUBLIC WORKS DRIVE 98584-9714 SHELTON,WA UNITED STATES 98584 UNITED STATES FOR CUSTOMER SERVICE,CONTACTAYUSH SINGH FORWARD AGENT: VOICE-1-800-291-0218 CUSTOMER#: 144830 FAX-1-800-291-0083 EMAIL-mounlainwestus@trojantechnolog QUOTE#: 125493 QUOTE DATE: 11-12-2021 REFERENCE: PJ511573JUSTINNOV24 LOB: W97 AFTERM ARK ET PARTS We thank you for your inquiry. QTY UNIT ITEM PRICE UNIT AMOUNT ** SHIP AS SOON AS POSSIBLE! ATTN: JUSTIN PHELPS 360-427-9670 Ext 457 ** PHOTOMETER KIT, 120-240V 50/60 1.00 EA FREIGHT 195.00EA WAT 195.00 FREIGHT GOODS COSTS TOTALTAX TOTALUSD 28432.50 195.00 2519.22 31146.72 DELIVERY TERMS: NO URGENCY FOR DELIVERY PAYMENT TERMS: FREIGHT MAY BE ADDED TO THE TOTAL OF THIS QUOTE ONLY IF REQUESTED. SUBJECT TO SALES TAX,WHERE APPLICABLE. Tax to be included if not tax exempt. GST#R105405385 THIS QUOTE EXPIRES: 04-11-2022 U.S. CUSTOMERS MUST PROVIDE SHIP TO'S FEDERAL I.D.#'s FOR SHIPPING PURPOSES UPON RECEIPT OF A FORMAL PURCHASE ORDER. SOLD: SHIP: Page 3 RESOLUTION NO. A RESOLUTION WAIVING PUBLIC BIDDING REQUIREMENTS AND APPROVING A SOLE SOURCE PROCURMENT OF REPLACEMENT PARTS AND REPAIRS FROM TROJAN UV WHEREAS, the Belfair and North Bay/Case Inlet Water Reclamation Facilities have ultraviolet treatment systems that provide necessary disinfection to the wastewater effluent, requiring replacement parts and services to ensure they operate properly and efficiently. WHEREAS, Trojan UV is the manufacturer of the Belfair and North Bay/Case Inlet ultraviolet systems and provides the replacement parts and repair services needed for the Belfair and North Bay/Case Inlet ultraviolet systems. WHEREAS, Trojan UV is the manufacturer of the UV systems and the only service provider of the Original Equipment Manufacturer (OEM) parts in the State of Washington. WHEREAS, RCW 39.04.280 specifies exemption to competitive bidding requirements for purchases that are clearly and legitimately to a single source of supply; NOW, THEREFORE, BE IT RESOLVED by the Board of Mason County Commissioners as follows: 1. Trojan UV is a sole source supplier of the OEM manufactured parts for the Belfair and North Bay/Case Inlet Water Reclamation Facilities. 2. That the County is authorized to purchase without proceeding to secure competitive bids, estimated at $31,146.72 (includes sales tax). ADOPTED this day of , 2022 BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Kevin Shutty, Chair ATTEST: Sharon Trask,Vice Chair McKenzie Smith, Clerk of the Board Randy Neatherlin, Commissioner APPROVED AS TO FORM: Tim Whitehead, Ch. DPA PEON 3 STA TF O� MASON COUNTY AMC o :` "s N "'= SOLE SOURCE JUSTIFICATION FORM r ` o}T Date: March 21, 2022 Department: Public Works/Utilities and Waste Contact:Justin Phelps Recommended Vendor: Trojan UV Address: 3020 Gore Road, London, Ontario, Canada Phone: 519-457-3400 Cost Estimate: $31,146 Describe the item requested and its function: UV bulbs, Sleeves, Sensors, and Parts to repair UV system to maintain proper disinfection to meet Permit requirements established by Department of Ecology. 1. Check the reasons for the sole source request: ❑ Sole Source: No other items are known to exist which performs the same function ❑ Special Design: Item is of specific design to fit in with an existing installation ❑ Consultant: Providing professional or technical expertise of a unique nature or location availability ® Proprietary: Item is held under exclusive title,trademark or copyright ® Warranty Service:The vendor is the sole provider of goods and services which the County has established a standard. ❑ Used item:The vendor/distributor is a holder of a used item that would represent good value and is advantageous to the County (attached information on market price, availability, etc) 3. Is this product available from other sources? ❑ Yes ® No Other lamps exist, but provide— 1/3 the lamp life and cannot guarantee effectiveness. 4. What necessary features does the vendor provide which are not available from other vendors? Other lamp manufacturers cannot guarantee their systems will provide an output that kills. 5. Can your requirements be modified so that competitive products or services may be used? ❑ Yes ® No If yes, please explain modifications and potential costs: 6. How does the recommended vendor's prices or fees compare to the general market? More expensive 7. What steps were taken to verify that these features were not available elsewhere?Online research ® Other brands manufactures were examined. Provide a list of phone numbers and names and explain why these did not meet the requirement: UV Doctor Lamps, LLC 509-447-5800.They provide similar UV products but their product has proven to not be as effective in treatment.Trojan will also not guarantee that their UV system will provide adequate treatment with nonproprietary products. ❑ Other vendors were contacted but did not meet the requirements. Provide a list of companies and phone numbers and why they did not meet the requirements: ❑ Other, please explain: My department's recommendation for sole source is based upon an objective review of the product/service required and appears to be in the best interest of the County. I know of no conflict of interest on my part or personal involvement in any way with this request. No gratuities, favors or compromising action have taken place. Neither has my personal familiarity with particular brands, types of equipment, materials or firms been a deciding influence on my request to sole source this purchase when there are other known suppliers to exist. Elected Official or Director Signature for Approval: �'� "� Date: 3 14 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 29, 2022 Agenda Item # g.g BRIEFING DATE: March 21, 2022 BRIEFING PRESENTED BY: Mike Collins [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Mason County Public Works Annual Certification for Calendar Year 2021 BACKGROUND: Public Works has completed a draft of the County Road Administration Board forms for the Annual Certification for calendar year 2021. Among those forms, the following require the Chair of the Board's signature. They are: 1) Annual Certification for - 2021 2) Certification of Expenditures for Traffic Law Enforcement— 2021 3) Certification of Expenditures for Fish Passage Barrier Removal — 2021 Once the Chair has executed these forms, Public Works will include them in the submittal to the County Road Administration Board (CRAB). RECOMMENDED ACTION: Recommend the Board of County Commissioners authorize the Chair to sign the Annual Certification for Calendar Year 2021; Certification of Expenditures for Traffic Law Enforcement— 2021; and Certification for Expenditures for Fish Passage Barrier Removal — 2021 to be included in the annual submittal to the County Road Administration Board by the Department of Public Works. ATTACHMENTS: 1. Annual Certification — 2021 2. Certification of Expenditures for Traffic Law Enforcement— 2021 3. Certification of Expenditures for Fish Passage Barrier Removal - 2021 Mason County Annual Certification For Calendar Year 2021 WAC 136-04 MANAGEMENT AND ADMIMSTRABON A. During 2021 the County Engineer performed the duties and had the responsibilities specified in RCW 36.80.030. Yes Explanation: B. At anytime during 2021 was there a vacancy/change in the position of County Engineer?If so,were the procedures in WAC 136-12 followed? Explanation: C. The processing of County Road Accident Reports during 2021 complied with WAC 136-28. Yes Explanation: D. Priority Programming techniques were applied to the ranking of all potential projects on the arterial road system in 2021 per WAC 136-14-020. Yes Explanation: E. As of December 31,2021 the management of the county road department was in accordance with policies set by the county legislative authority including,but not limited to,the following specific policies required by WAC 136-50-050: `Has your agency sent the most recently adopted version to CRAB WAC 136-50-051? POLICY WAC DATE OF CURRENT VERSION Re:Organization 136-50-051 06/16/2020 Re:Personnel Practices 136-50-052 08/03/2021 Re:Complaint Handling 136-50-053 02/20/1990 Re:Work for Others 136-50-054 02/13/2018 Re:Utility Accommodation 136-50-055 11/14/2006 Re:Priority Programming 136-14-030 06/03/2001 Explanation: F. The following were submitted to CRAB in a timely manner- DOCUMENT WAC DUE DATE DATE OF ADOPTION/PREPARATION DATE SENT TO CRAB '21 Six-Year Program 136-15-050 31-DEC-20 11/03/2020 12/30/2020 '21 Annual Construction Program 136-16-040 31-DEC-20 11/03/2020 12/30/2020 '21 CAPP Program 136-300-060 31-DEC-20 12/26/2020 12/30/2020 '21 Road Fund Budget 31-DEC-20 12/23/2020 12/30/2020 '21 Maintenance Management Work Plan 136-11-040 31-DEC-20 12/20/2020 12/30/2020 &Budget '21 Road Levy 136-150-021 01-FEB-21 02/02/2021 01/27/2021 '20 Certification of Diversion and Road 136-150-022 01-APR-21 03/30/2021 03/18/2021 Fund Exp.For Traffic Law Enforcement '20 Engineer's Certification of Fish 136-150-023 01-APR-21 03/3012021 03/09/2021 Barrier Removal Costs '20 Certification of Road Fund Exp.for 136-150-025 01-APR-21 Marine Navigation and Moorage '20 Annual Construction Report 136-16-050 01-APR-21 03/19/2021 03/17/2021 '20 CAPP Report 136-300-090 01-APR-21 02/22/2021 02/25/2021 '20 Maintenance Management 136-11-050 01-APR-21 02/16/2021 02/23/2021 Certification '20 Annual Certification 136-04-030 01-APR-21 03/30/2021 03/18/2021 '20 Road Log Update 136-60-030 01-MAY-21 04/01/2021 04/07/2021 '21 PMS Certification for CAPA 136-70-070 31-DEC-21 12/07/2021 12/07/2021 Eligibility Explanation: Certification of Road Fund Exp.for Marine Navigation and Moorage is not required for Mason County. G. Projects to which construction expenditures were charged were all on the originally adopted 2021 Annual Program or as amended per WAC 136- Yes 16-042-Attach Amendments.(If No,please attach a brief explanation.) Explanation: H. The County's construction by county forces limit for 2021 computed in accordance with RCW 36.77.065: $1,269,483.75 1. The actual expenditure for construction by county forces as reported in the 2021 Annual Const.Report: $741,049.62 J. As required by WAC 136-20-060,a written Bridge and Inspection Report for 2021 was fiunished to the legislative authority on(attach a copy): 03/22/2021 4 of NBI Bridges as of December 31,2021:65 Mason County 2021 CERTIFICATION OF DIVERSION AND ROAD FUND EXPENDITURES FOR TRAFFIC LAW ENFORCEMENT WAC 136-150-022 Total Road Levy_ Budgeted Road Levy revenue(as listed on the Road Levy Certification-WAC 136-150-021): $9,048,298.00 Actual Road Levy revenue produced: $9,132,356.00 Road Levy Diversion: Budgeted Road Levy Diversion(as listed on the Road Levy Certification-WAC 136-150-021): $1,080,000.00 Actual amount of Diverted Road Levy_ $1,080,000.00 Was Diverted Road Levy deposited in a specific and identifiable account(RCW 36.82.040): Yes Traffic Law Enforcement Paid by Road Fund Expenditures: Budgeted cost reimbursements and/or operating transfers from the Road Fund: $1,080,000.00 Actual total amount of cost reimbursements and/or operating transfers from the Road Fund: $0.00 Total Road Portion Traffic Law Enforcement Expenditures: $1,080,000.00 Total Traffic Law Enforcement Expense(ALL COUNTY FUNDS)_ $2,020,436.00 RCW 36.79.140 provides that only those counties that during the preceding twelve months have spent all revenues collected for road purposes only for such purposes,including traffic law enforcement,as are allowed by Article 11,Section 40 of the Washington State Constitution,are eligible to receive funds from the Rural Arterial Trust Account. This form must be reviewed and certified on the"Engineer's Certification Form") by_ • County Sheriff • County Auditor OR Charter designated Chief Financial Officer • Chair,Board of County Commissioners OR County Executive FISH PASSAGE CERTIFICATION WAC 136-150-023 Submitting County:Mason Budget Year: 2021 Fish Passage Barrier Removal Projects Project Name Total Project Cost Cost Outside of ROW %of Total Cost(25%Allowed by WAC) Dayton Highland Culvert $357,932.00 $5,603.00 1.57% Homer Adams Culvert $463,746.00 $0.00 0.00% Total Expenditures for Fish Passage Barrier Removal Outside County Rights-of-Way_ Total Annual Road Construction Budget: $8,359,790.00 X 0.005 1/2%of Total Annual Road(Limit of"Outside of Right-of-Way"expense) =$41,798.95 Total Expenditure for Fish Passage Barrier Removal Outside County Right-of-Way $5,603.00 RCW 36.79.140 provides that only those counties that during the preceding twelve months have spent all revenues collected for road purposes only for such purposes,including removal of barriers to fish passage and accompanying streambed and stream bank repair as specified and limited by RCW 36.82.070,as are allowed by Article Il,Section 40 of the Washington State Constitution,are eligible to receive funds from the Rural Arterial Trust Account. Mason County Reports for 2021 Digital Submittal Certification for Forms Due April 1st The documents checked below are hereby submitted from Mason County for the review and acceptance of the County Road Administration Board. 2021 RAP Certification of Diversion and Road Fund Expenditures for Traffic Law Enforcement I hereby certify that the above report is true and accurate and that I have reviewed and approved the report for submission to the County Road Administration Board in accordance with WAC 136. Signed: A ate: County Sheriff -�Signed: Date: 31 w e z County Auditor Signed: Date: Chair/Executive 2021 Certification of Road Fund Expenditures for Fish Passage Barrier Removal 2021 Annual Certification I hereby certify that the Fish Passage Removal and Annual Certifications are true and accurate and that I have reviewed and approved the report for submission to the County Road Administration Board in accordance with WAC 136. Signed: Date: Chair/Executive Signed: ADate: // —2 Z County Enginee 2021 County Ferry System Operations Report 2021 Annual Construction Report 2021 County Arterial Preservation Report 2021 Certification of Road Fund Expenditures for Marine Navigation and Moorage 2021 Maintenance Management Annual Certification I hereby certify that the County Ferry System Operations Report,Annual Construction Report,County Arterial Preservation Report,Marine Navigation and Moorage Certification,and Maintenance Management Certification are true and accurate and that I have reviewed,approved,and submitted said reports to the County Road Admini lion Board in accordance with WA 136. Signed- Date: County ngi eer l 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 29, 2022 Agenda Item # S. 0I BRIEFING DATE: March 14, 2022 BRIEFING PRESENTED BY: Mike Collins [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Private Line Occupancy Permit BACKGROUND: W. Pierre Andrade has applied for a Private Line Occupancy Permit for an existing unpermitted underground power and waterline that has been hit several times through the years underneath the North Shore Road. The homeowner's property is located at 17491 NE North Shore Road (parcel number 32230-11-90030). The waterline serves three homes. This permit will cover the relocation of the new power and waterline that runs under the North Shore Road (see attached map). An application fee of $200 has been paid to process the proposed Private Line Occupancy Permit. RECOMMENDED ACTION: Recommend the Board approve the Private Line Occupancy Permit granting permission for the existing waterline running under and across NE North Shore Road for address 17491, parcel number 32230-11-90030. ATTACHMENT: 1. PLO w/vicinity Map (A-4) IN THE MATTER.OF THE APPLICATION OF W.Pierre Andrade FOR A PRIVATE LINE UTILITY OCCUPANCY PERMIT TO CONSTRUCT,OPERATE, AND MAINTAIN Waterline and water pumv electrical line ALONG AND UNDER North Shore Road A COUNTY MAINTAINED ROAD LOCATED IN MASON COUNTY,WASHINGTON Application of W.Pierre Andrade with principal residence located at 1005 Short St,Steilacoom,WA 98388,by and through W.Pierre Andrade,for a private line utility occupancy permit to construct, operate and maintain a private waterline under county roads and highways in Mason County,Washington,as set forth in attached Exhibit"A",having come before the County Commissioners of Mason County, Washington during a regularly scheduled public meeting,on.the day of ,20_,and that it is in the public interest to allow the private line utility occupancy permit herein granted; NOW THEREFORE, IT IS ORDERED that a non-exclusive private line utility occupancy permit be,and the same is hereby given and granted to operator,and its successors and assigns, hereinafter referred to as the"Permittee", for a period commencing from and after the date of the entry of this order for the purposes, at the location(s), and upon the express terms and conditions as described herein,and terminating as provided herein. 1. DEFINITIONS For the purposes of this private line utility occupancy permit,terms,phrases,words,and their derivations not defined herein that are defined in Title 12 of the Mason County Code or the Manual on Accommodating Utilities in the Mason County Right-of-Way published by the County Engineer(the"Manual"),shall have the same meaning or be interpreted as provided in Title 12 of the Mason County Code or the Manual. Words not defined here,in Title 12 of the Mason County Code or the Manual shall have their ordinary meaning. A reference to Title 12 of the Mason County Code or the Manual refers to the same as may be amended, revised, updated,re-enacted or re-codified from time to time. II_ GRANT The County of Mason(hereafter the"County")hereby grants to the Permittee a non-exclusive private line utility occupancy permit(hereinafter"Permit")which,once it becomes effective shall authorize the Permittee to enter upon the road rights-of-way located within the Permit Area for the purpose of maintaining,repairing,replacing,which grant shall be limited to the following described purpose(s):Provide water distribution for a 3 party well for tax parcels:32230-11-90030,32230-11-90060 &32230-11-00020. 1 Such grant is subject to and must be exercised in strict accordance with and subject.to this Permit, Title 12 of the Mason County Code, the Manual. and all applicable laws, rules, regulations and ordinances. Permittee's exercise of any rights granted pursuant to the Permit is subject to the exercise of the County's police powers,and other regulatory powers as it may have or obtain in the future. No rights shall pass to the Permittee by implication. This Permit does not include permission to enter into or upon the road rights-of-way for any purposes others than the purposes expressly described herein. Permittee has a duty to notify the County of any change in use or condition of the utility facilities that may affect the status of the utility facilities as(a)private line(s)or the impact of the utility facilities upon the road rights-of-way. III. UTILITY PERMIT REQUIRED Permittee shall not commence or perform work to install, construct, maintain repair, replace adjust, connect, disconnect, rebuild, or relocate its utility facilities within the road rights-of- way (hereafter collectively or individually the "Work"),without first applying for,paying all associated fees, and obtaining a utility permit as required pursuant to Title 12 of the Mason County Code. In any utility permit so issued, the County may impose; as a condition of the granting the utility permit, such conditions and regulations as may be necessary for the protection, preservation and management of the road rights-of-way, including, by way of example and not limitation, for the purpose of protecting any structures in the road rights-of-way,maintaining proper distance from other utilities,ensuring the proper restoration of such road rights-of-way and structures,and for the protection of the County and the public and the continuity of pedestrian and vehicular traffic. Permittee shall first file with the County Engineer its application for a utility permit to do such Work together with plans and specifications showing at a minimum: A.The position,depth and location of all such utility facilities sought to be constructed, laid, installed or erected at that time, showing their relative position to existing county roads, rights-of-way or other county property upon plans drawn to scale, hereinafter collectively referred to as the"map of definite location; B. The class and type of material and equipment to be used, manner of excavation, construction, installation, backfill, erection of temporary structures, erection of permanent structures,traffic control,traffic turnouts and road obstructions; C. The manner in which the utility facility is to be installed; D. Measures to be taken to preserve safe and free flow of traffic; E. Structural integrity of the roadway,bridge,or other structure; F. Specifications for the restoration of the county road, right-of-way or other county property in the event that the road right of way will be disturbed by the Work;and 2 G. Provision for ease of future road maintenance and appearance of the roadway. Provision shall be made for known or planned expansion of the utility facilities, particularly those located underground or attached to bridges or other structures within the road right-of- way. The location,alignment and depth of the utility facilities shall conform with said map of definite location, except in instances in which deviation may be allowed thereafter in writing by the County Engineer pursuant to application by Permittee. All such Work shall be subject to the approval of and shall pass the inspection of the County Engineer. The Permittee shall pay all costs of and expenses incurred in the examination, inspection and approval of such work on account of granting the said utility permits. IV. RESTORATION OF ROAD RIGHT OF WAY In any Work which disturbs or causes damage to the road rights-of-way subject to this Permit, public or private property,the Permittee shall at its own expense and with all convenient speed, complete the work to repair and restore the county road right-of-way,or the public or private property so disturbed or damaged,and leave the same in as good or better condition as before the Work was commenced, to the reasonable satisfaction of the County Engineer. The Permittee shall pay all costs of and expenses incurred in the examination, inspection and approval of such restoration or repair. The County Commissioners and/or County Engineer may at any time do, order or have done any and all work that they consider necessary to restore to a safe condition such County road right-of-way or other County property left by the Permittee or its agents in a condition dangerous to life or property,and the Permittee,upon demand,shall pay to the County all costs of such work. V. PERMITTEE WORK IN RIGHT OF WAY Permittee expressly agrees and understands that,with regard to Work within the road rights-of- way: A. All of Permittee's utility facilities and Work within the road rights-of-way or other County property shall be performed in compliance with the provisions of Title 12 MCC, the Manual, the administrative regulations adopted by the County Engineer, other County-established requirements for placement of utility facilities in road rights-of-way, including the specific location of utility facilities in the road rights-of-way, and all applicable laws,rules,regulations and ordinances; B. In preparing plans and specifications for the Work the Permittee shall use the Manual. Prior to commencement of any Work, Permittee shall submit such plans and specifications to the County Engineer for review and approval together with the adequate exhibit depicting the existing or proposed location of the utility facility in relation to the road, 3 including right-of-way or easement lines; relationship to currently planned road revisions, if applicable; and all locations and situations for which deviations in depth of cover (including the proposed method of protection)or other locational standards that are anticipated; C. All Work subject to this Permit shall be done in such a manner as not to interfere, other than in ways approved by the County,with the construction,operation and maintenance of other utilities,public or private,drains,drainage ditches and structures,irrigation ditches and structures,located therein,nor with the grading or improvements of such County roads,rights- of-way or other County property; D. The owners and operators of all utility facilities (public or private)installed in the Permit Area or other county property prior in time to the utility facilities of the Permittee,shall have preference as to the alignment and location of such utilities so installed with respect to the Permittee.Such preference shall continue in the event of the necessity of relocating or changing the grade of any such county road or right-of-way; E. Permittee shall perform the Work and operate its utility facilities in a manner that minimizes interference with the use of the road rights-of-way by others,including others that may be installing utility facilities;and F. The County may require that Permittee's utility facilities be installed at a particular time,at a specific place, or in a particular manner as a condition of access to a particular mad or road right-of-way;may deny access if a Permittee is not willing to comply with the County's requirements;and may remove,or require removal of,any utility facility that is not installed in compliance with the requirements established by the County,or which is installed without prior County approval of the time,place,or manner of installation and charge the Permittee for all the costs associated with removal; and may require Permittee to cooperate with others to minimize adverse impacts on the road and road rights-of-way through joint trenching and.other arrangements. G. The County may inspect the utility facilities at any time reasonable under the circumstances to ensure compliance with this Permit and applicable law, including to ensure that the private line utility facilities are constructed and maintained in a safe condition. If an unsafe condition is found to exist,the County,in addition to taking any other action permitted under applicable law, may order the Permittee, in writing,to make the necessary repairs and alterations specified therein forthwith to correct the unsafe condition on atime-table established by the County which is reasonable in light of the unsafe condition. The County has the right to correct, inspect,administer,and repair the unsafe condition if the Licensee fails to do so, and to charge the Permittee therefor. The right of the County to conduct such inspections and order or make repairs shall not be construed to create an obligation therefore,and such obligation to construct and maintain its utility facilities in a safe condition shall at all times remain the sole obligation of the Permittee. 4 H. When required by the County, Permittee shall make information available to the public regarding any Work involving the ongoing installation, construction, adjustment, relocation,repair or maintenance of its utility facilities sufficient to show(1)the nature of the work being performed;(2)where it is being performed; (3)its estimated completion date; and (4)progress to completion. I. PERMITTEE IS PLACED ON NOTICE THAT FIBER OPTIC COMMUNICATIONS, POWER, CONTROL SYSTEMS, OTHER TYPES OF CABLES AND PIPELINES MAY BE BURIED ON THE RIGHT OF WAY. Before beginning any underground work, Permittee will contact the appropriate personnel to have such. facilities located and make arrangements as to protective measures that must be adhered to prior to the commencement of any work within the road and road rights-of-way. In addition to the liability terms elsewhere in this Agreement, Permittee shall indemnify and hold the County and its elected and appointed officers, employees and agents harmless against and from all cost, liability,and expense whatsoever(including,without limitation,attorney's fees and court costs and expenses)arising out of or in any way contributed to by any act or omission of Permittee, its contractor,agents and/or employees,that cause or in any way or degree contribute to(1)any damage to or destruction of any such facilities by Permittee,and/or its contractor,agents and/or employees,on the County's property,(2)any injury to or death of any person employed by or on behalf of any entity, and/or its contractor, agents and/or employees, on the road rights-of- way, and/or (3)any claim or cause of action for alleged loss of profits or revenue, or loss of service,by a customer or user of services or products of such company(ies). J. Permittee shall continuously be a member of the State of Washington one number locator service under RCW 19.122,or an approved equivalent,and shall comply with all such applicable rules and regulations. K. Except in the event of emergency as described below,Permittee and its agents may not enter upon the permit area to perform work for which a utility permit is required,unless and except upon two-business days notice to the County Engineer. L. In the event of an emergency involving the threat of imminent harm to persons or property,and for purposes of taking immediate corrective action,Permittee and its agents may enter the Permit Area without advance notice to the County as long as such entry is for the sole purpose of addressing the emergency; provided however, that if any entry for such purposes would require issuance of a utility permit,Permittee shall give the County verbal or telephonic notice of the places where and the manner in which entry is required prior to such entry, promptly followed by written notice. In all cases,notice to the County shall be given as far in advance as practical prior to entry or as soon as practicable after entry upon the road right-of- way. M. Permittee shall promptly reimburse the County for its reasonable and direct costs incurred in responding to an emergency that is caused,created by or attributable to the presence, construction,maintenance,repair,or operation of Permittee's utility facilities in the road rights- of-way. 5 N. If,during any Work,Permittee or its agents discover scientific or historic artifacts,Permittee or its agents shall immediately notify the County of said discovery and shall protect such artifacts in a manner as specified by the County. Any such artifact shall be the property of the County if the County wishes to own it. VI_ PROTECTION OF PUBLIC All Work done under this Permit shall be done in a thorough and workman-like manner. In the performance of any Work, including without limitation, the opening of trenches and the tunneling under county roads,right-of way or other county property,the Permittee shall leave such trenches,ditches and tunnels in such a way as to interfere as little as possible with public travel and shall take all due and necessary precautions to guard the same, so that damage or injury shall not occur or arise by reason of such Work;and where any of such trenches,ditches and tunnels are left open at night,the Permittee shall place warning lights,barricades and other appropriate protective devices at such a position as to give adequate warning of such Work. The Permittee shall be liable for any injury to person or persons or damage to property sustained arising out of its carelessness or neglect,or through any failure or neglect to properly guard or give warning of any trenches,ditches or tunnels dug or maintained by the Permittee. VII. POLICE POWERS The County,in granting this Permit,does not waive any rights which it now has or may hereafter acquire with respect to county roads, rights-of-way or other county property and this Permit shall not be construed to deprive the county of any powers, rights or privileges which it now has or may hereafter acquire to regulate the use of and to control the county roads,right-of--way and other county property covered by this Permit. The County retains the right to administer and regulate activities of the Permittee up to the fullest extent of the law. The failure to reserve a particular right to regulate, or reference a particular regulation, shall.not be interpreted by negative implication or otherwise to prevent the application of a regulation to the Permittee. VIII. RELOCATION Permittee shall,in the course of any Work,comply with the following requirements: A. The Permittee shall,by a time specified by the County,protect,support,temporarily disconnect, relocate, or remove any of its utility facilities when required by the County by reason of traffic conditions; public safety; road right-of-way construction; road right-of-way repair (including resurfacing or widening); change of road right-of-way grade; construction, installation, or repair of County-owned sewers, drains, water pipes, power lines, signal lines, tracks, communications system, other public work, public facility, or improvement of any government-owned utility; road right-of-way vacation; or for any other purpose where the County work involved would be aided by the removal or relocation of the utility facilities. Collectively,such matters are referred to below as the "public work." 6 Permittee acknowledges and understands that any delay by Permittee in performing the above described work may delay,hinder,or interfere with the work performed by the County and its contractors and subcontractors done in furtherance of such Public Work and result in damage to the County, including but not limited to, delay claims. Permittee shall cooperate with the County and its contractors and subcontractors to coordinate such Permittee work to accommodate the Public Work project and project schedules to avoid delay,hindrance of, or interference with the Public Work. The County shall make available.to the Permittee a copy of the Six Year Transportation Program and the County's annual construction program after adoption each year. It is anticipated these programs will aid the Permittee in planning construction programs. B. Permittee has a duty to protect its utility facilities from work performed by the County within the road rights-of-way. The rights granted to the Permittee herein do not preclude the County, its employees, contractors, subcontractors, and agents from blasting, grading, excavating, or doing other necessary road work contiguous to Permittee's utility facilities; providing that, the Permittee shall be given a minimum of forty-eight (49) hours notice of said blasting or other work in order that the Permittee may protect its utility facilities. C. In the event of an emergency, or where the utility facility creates or is contributing to an imminent danger to health, safety, or property, the County may protect, support, temporarily disconnect,remove,or relocate any or all parts of the utility facility without prior notice,and charge the Permittee for costs incurred. D. If any Person that is authorized to place facilities in the road right of way requests the Permittee to protect, support, temporarily disconnect, remove, or relocate the Permittee's utility facilities to accommodate the construction, operation, or repair of the facilities of such other person,the Permittee shall,after 30 days'advance written notice,take action to effect the necessary changes requested; provided that, if such project is related to or competes with Permittee's service,or if the effect of such changes would be to permanently deprive Permittee of the beneficial enjoyment of this Permit for its intended purposes through interference with the operation of Permittee's utility facilities or otherwise, Permittee shall not be required to relocate its utility facilities. Unless the matter is governed by a valid contract or a state or federal law or regulation,or unless the Permittee's utility facilities were not properly installed, the reasonable cost of the same shall be borne by the Person requesting the protection,support, temporary disconnection,removal,or relocation at no charge to the County,even if the County makes the request for such action. E. The Permittee shall,on the request of any person holding a valid permit issued by a governmental authority,temporarily raise or lower its wires to permit the moving of buildings or other objects. The expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting the same. 7 The County of Mason will accept liability for direct and actual damages to said Permittee that are the result of the negligence of Mason County,its trustees,officers,employees,contractors, subcontractors or agents while performing County improvement or Public Works projects enumerated in Section VIII,paragraph B. . Direct and actual damages are specifically limited to physical damage to properly installed and located infrastructure of the Permittee and the cost to repair such physical damage. Mason County retains the right to assert all applicable defenses in the event of a dispute including contributory-negligence on the part of the Permittee. Mason County shall in no way be liable for incidental damages claimed to arise from such actions. All Work to be performed by the Permittee under this section shall pass the inspection of the County Engineer. The Permittee shall pay all costs of and expenses incurred in the examination, inspection and approval of such work. IX. PRESERVATION OF MONUMENTS/MARKERS Before any Work is performed under this permit which may affect any existing monuments or markers of any nature relating to subdivisions,plats,roads and all other surveys,the Permittee shall reference all such monuments and markers. The reference points shall be so located that they will not be disturbed during the Permittee's Work and operations under this Permit. The method of referencing these monuments or other points to be referenced shall be approved by the County Engineer. The replacement of all such monuments or markers disturbed during construction shall be made as expeditiously as conditions permit in accordance with RCW 58.24 and WAC 332-120,and as directed by the County Engineer. The cost of monuments or other markers lost,destroyed,or disturbed,and the expense of replacement by approved monuments shall be borne by the Permittee. A complete set of reference notes for monument and other ties shall be filed with the office of the Mason County Engineer. X. VACATION OF ROAD RIGHT-OF-WAY If at any time the County shall vacate any County road or right-of-way or other County Property which is subject to rights granted by this Permit and said vacation shall be for the purpose of acquiring the fee or other property interest in said road or right-of-way for the use of the County, in either its proprietary or governmental capacity, then the Board of Mason County Commissioners may,at its option,and by giving thirty(30)days written notice to the Permittee, terminate this Permit with reference to such county road right-of-way or other County property so vacated,and the County of Mason shall not be liable for any damages or loss to the Permittee by reason of such termination. It has been the practice of Mason County to reserve easements for utilities at the time of road vacation,and will continue to be the practice until such time the Board of Mason County Commissioners direct a change of practice. 8 XI. FINANCIAL SECURITY A. Insurance It is intended that the following insurance requirements shall apply to the person performing the Work in the road right-of-way. Permittee and Permittee's contractors shall not perform or cause to be performed any Work,unless and until Permittee(to the extent Pennittee performs any of the Work in the road right-of-way) or its contractors(to the extent Permittee's contractor performs any of the Work in the road right-of-way)provide certificates of insurance evidencing that Permittee or Permittee's contractors are in compliance with the following requirements,including,maintaining insurance in at least in the following amounts: 1. COMMERCIAL GENERAL LIABILITY insurance to cover liability, bodily injury, and property damage. The Commercial General Liability insurance shall be written on an occurrence basis, with an aggregate limit location endorsement for the Permit Area,and shall provide coverage for any and all costs,including defense costs,and losses and damages resulting from personal injury, bodily injury and death, property damage, products liability and completed operations arising out of the Work. Coverage must be written with the following limits of liability: Bodily and Personal Injury&Property Damage $ 1,000,000 per Occurrence $2,000,000 aggregate 2 WORKERS'COMPENSATION insurance shall be maintained by Permittee's contractor to comply with statutory limits for all employees,and in the case any work is sublet, the contractor shall require its subcontractors similarly to provide workers' compensation insurance for all the employees. 3. COMPREHENSIVE AUTO LIABILITY insurance shall include owned, hired, and non-owned vehicles on an occurrence basis with coverage of at least$500,000 per occurrence. The required insurance shall be maintained from the time that Work in the road right-of-way commences until the Work is complete and the utility permit issued for said Work has been released by the County Engineer,or his or her designee. If the Permittee or its contractors and subcontractors do not have the required insurance, the County may require such entities to stop operations until the insurance is obtained and approved. Permittee shall, or shall cause its contractors to, file with the application for a utility permit, certificates of insurance reflecting evidence of the required insurance in a form and content approved by the County's Risk Manager. All coverage shall be listed on one certificate with. the same expiration dates. 9 The certificates shall contain a provision that coverages afforded under these policies will not be canceled until at least 30 days'prior written notice has been given to the County. In the event that the insurance certificate provided indicates that the insurance shall terminate or lapse during.the period of the Work,then,in that event,the Permittee shall furnish,at least 30 days prior to the expiration of the date of such insurance,,a renewed certificate of insurance as proof that equal and like coverage has been or will be obtained prior to any such lapse or termination during the balance of the period of the Permit. The County reserves the right, during the term of the Permit, to require any other insurance coverage or adjust the policy limits as it deems reasonably necessary utilizing sound risk management practices and principals based upon the loss exposures. Each insurance policy required pursuant to this Permit shall be primary and non-contributing as respects any coverage maintained by the County and shall include an endorsement reflecting the same. Any other coverage maintained by County shall be excess of this coverage herein defined as primary and shall not contribute with it. The certificate of insurance must reflect that the above wording is included in all such policies. Each insurance policy obtained pursuant to this Permit shall be issued by financially sound insurers who may lawfully do business in the State of Washington with a financial rating at all times during coverage of no less than rating of"A" and a class of"X" or better in the latest edition of`Best's Key Rating Guide"published by A.M.Best Company,or such other financial rating or rating guide approved in writing by the County's risk manager. In the event that at any time during coverage, the insurer does not meet the foregoing standards, Permittee shall give or shall cause its contractors to give prompt notice to the County and shall seek coverage from an insurer that meets the foregoing standards. The County reserves the right to change the rating or the rating guide depending upon the changed risks or availability of other suitable and reliable rating guides. Comprehensive general liability insurance policies and coverage obtained pursuant to this Permit shall include an endorsement(standard ISO form CC 24-17)deleting all exclusions for work or incidents occurring within any distance from a railroad track or railroad property, or on,over,or under a railroad track. Insurance policies required pursuant to this Pen-nit shall have no non-standard exclusions unless approved of by the County Risk Manager or designee. Commercial general liability insurance policies obtained pursuant to this Permit shall name the County as an additional insured without limitation,pursuant to an endorsement approved of by the County's Risk Manager or designee. Permittee or Permittee's Contractors' insurers, through policy endorsement, shall waive their rights of subrogation against the County for all claims and suits. The certificate of insurance must reflect this waiver of subrogation rights endorsement. 10 B. Contractor Bond. All contractors performing Work on behalf of Permittee shall be licensed and bonded. C. Limitation of Liability to the fullest extent pennitted by law,permittee shall, and shall cause its contractor(s)only as to subsection(9)below,to release,indemnify, defend and hold harmless the county and the county's legal representatives,officers(elected or appointed), employees and agents (collectively, "indemnitees")for, from and against any and all claims, liabilities, fines, penalties, costs, damages, losses, liens, causes of action, suits, demands, judgments and expenses (including,without limitation, court costs, attorneys' fees, and costs of investigation,removal and remediation and governmental oversight costs),environmental or otherwise(collectively"liabilities")of any nature,kind,or description,of any person or entity, directly or indirectly,arising out of,resulting from,or related to(in whole or in part): 1. this permit; 2. any rights or interests granted pursuant to this permit; 3. permittee's occupation and use of the road right of way; 4. permittee's operation of its utility facilities; 5. the presence of utility facilities within the right of way; 6. the environmental condition and status of the road right-of-way caused by, aggravated by,or contributed to,in whole or in part,by permittee or its agents;or 7. the acts,errors,or omissions of third parties when arising out of the,installation, construction,adjustment,relocation,replacement,removal,or maintenance of such third party utility facilities within the road rights-of-way when such work is performed under authority of the operator's utility permit or at the direction or under the control of the operator;or 8. any act or omission of permittee or permittee's agents;or 9. any act or omission of contractor or its employees, agents, or subcontractors when arising out of the work. Even if such liabilities arise from or are attributed to,in whole or in part,any negligence of any indemnitee. The only liabilities with respect to which permittee's obligation to indemnify the indemnitees does not apply are liabilities to the extent proximately caused by the sole negligence or intentional misconduct of an indemnitee or for liabilities that by law the indemniteees cannot be indemnified for. 11 Upon.written notice from the county,permittee agrees to assume the defense of any lawsuit or other proceeding brought against any indemnitee by any entity,relating to any matter covered by this permit for which permittee has an obligation to assume liability for and/or save and hold harmless any indemnitee. Permittee shall pay all costs incident to such defense,including,but not limited to, attorneys' fees, investigators' fees, litigation and appeal expenses, settlement payments and amounts paid in satisfaction of judgments. Permittee will fully satisfy said judgment within ninety(90)days after said suit or action shall have finally been determined if determined adversely to mason county. upon the permittee's failure to satisfy said judgment within the ninety(90)day period,this permit shall at once cease and terminate and the county of mason shall have a lien upon permittee's utility facilities and all other facilities used in the construction, operation and maintenance of the permittee's utility system which may be enforced against the property for the full amount of any such judgment so taken against any of the indemnitees. Acceptance by the County of any Work performed by the Permittee at the time of completion shall not be grounds for avoidance of this covenant. XII. PERMIT NONEXCLUSIVE This Permit shall not be deemed to be an exclusive Permit. It shall in no manner prohibit the County of Mason from granting rights to other utilities under,along,across,over and upon any of the County roads,rights-of-way or other County property subject to this Permit and shall in no way prevent or prohibit the County of Mason from constructing, altering, maintaining or using any of said roads rights-of-way, drainage structures or facilities,irrigation structures or facilities, or any other county property or affect its jurisdiction over them or any part of them with full power to make all necessary changes,relocations,repairs,maintenance,etc.,the same as the County may deem fit. XIII. SUCCESSORS AND ASSIGNS All the provisions,conditions,regulations and requirements herein contained shall be binding upon the successors and assigns of the Permittee and all privileges, as well as all obligations and liability of the Permittee,shall inure to its successors and assigns equally as if they were specifically mentioned wherever the Permittee is mentioned. Any reference in this Permit to a specifically named party shall be deemed to apply to any ,successor, heir, administrator, executor or assign of such party who has acquired its interest in compliance with the terms of this Permit or under law. XIV. TRANSFER/ASSIGNMENT Permittee may assign or transfer this Permit by contacting the County of Mason to obtain an Assignment Agreement. The Agreement must be signed and.delivered back to the County of Mason. Assignees shall thereafter be responsible for all obligations of Permittee with respect to the Permit and guaranteeing performance under the terms and conditions of the Permit and that transferee will be bound by all the conditions of the Permit and will assume all the obligations of its predecessor. Such an assignment shall relieve the Permittee of any further 12 obligations under the Permit, including any obligations not fulfilled by Permittee's assignee; provided that, the assignment shall not in any respect relieve the Permittee, or any of its successors in interest, of responsibility for acts or omissions, known or unknown, or the consequences thereof, which acts or omissions occur prior to the time of the assignment. No Permit may be assigned or transferred without filing or establishing with the county the insurance certificates,security fund and performance bond as may be required pursuant to this Permit. XV. ANNEXATION Whenever any of the County road rights-of-way or other county property as designated in this Permit,by reason of the subsequent incorporation of any town or city,or extension of the limits of any town or city,shall fall within the city or town limits;then,except to the extent allowed by law, this Permit shall terminate in respect to the said roads,rights-of-way or other county property so included with city or town limits;but this Permit shall continue in force and effect to all county road rights-of-way or other county property not so included in city or town limits. XVI. TERM/TERMINATION/REMEDIES A. Term. This Permit shall commence upon acceptance by the Permittee as provided at Section XVIII herein and continue in PERPETUITY until terminated or otherwise superseded by a subsequent franchise, private line utility occupancy permit, master road use permit or other agreement of the Parties. In the event that it is determined by a court of competent jurisdiction that, as a matter or law, the term provided for herein is unlawful, this Permit shall be deemed to have a term for the maximum period allowed by law,and if no such maximum period is readily and easily capable of being identified,for a term of not longer than fifty(50)years. B. Termination by County. Permittee has elected to obtain a Permit in lieu of a franchise agreement. Permittee understands and agrees that,unlike a franchise,this Permit may be terminated by the County with or without cause. This means that the County is not required to have or provide a reason for the termination and that the County may terminate this Permit in its sole discretion without penalty to the County and regardless of whether or not Permittee is or is not in default;provided that,the County may not terminate this Permit for a reason that is unlawful. The Parties agree that the only condition of termination by the County of this Permit is that the County must give not less than ninety(90)days written notice to the Permittee of termination. The County Engineer is authorized to exercise the right of the County to terminate this Permit. C. Termination upon Transfer/Assignment/Conveyance. This Permit shall automatically terminate upon: (1)assignment of the Permit without the prior written consent of the County in substantially the form of an Assignment Agreement (obtained by request), (2) transfer of the utility facilities located with the Permit Area without prior written notice to the County and mutual acceptance of an assignment of the Permit, (3) conveyance of the real property or any part thereof benefited by the installation and operation of the utility facilities without prior written notice to the County and mutual acceptance of an assignment of the 13 Permit,or(4)use of the utility facilities for the benefit of persons other than.the owner/operator in a manner that no longer constitutes a de-ininimis use of the road right-of-way. D. Termination upon Removal of Utility Facilities. This Permit and all of the rights, duties and obligations contained herein, shall terminate upon removal of all Permittee utility facilities from the road right-of-way or abandonment and de-commissioning in place to the reasonable satisfaction of and in the manner approved by the County Engineer and restoration of the road right-of way to the satisfaction of the County Engineer. E. Effect of Termination. On or before the effective date of termination or as otherwise mutually agreed to by the Parties, Permittee shall remove its utility facilities from the road rights-of-way and restore the road rights-of-way to the reasonable satisfaction of the County Engineer. In lieu of removal, the County Engineer may authorize abandonment in place and de-commissioning of the utility facilities in the manner approved by and to the reasonable satisfaction of the County Engineer. In the event that the Permittee fails to timely and completely perform such work, the County may perform or complete such work at the cost of the Permittee and Permittee shall be obligated to reimburse the County for such work within 34 days of invoice by the County. F. Remedies. In addition to the right of the County to terminate this Permit,the County has the right to exercise any and all of the following remedies,singly or in combination,in the event of Default. "Default"shall mean any failure of Permittee or its agents to keep, observe or perform any of Pennittee's or its agent's duties or obligations under this Permit: 1. Damages. Pennittee shall be liable for any and all damages incurred by County. 2 Specific Performance. County shall be entitled to specific performance of each and every obligation of Permittee under this Permit without any requirement to prove or establish that County does not have an adequate remedy at law. Permittee hereby waives the requirement of any such proof and acknowledges that County would not have an adequate remedy at law for Permittee's commission of an Event of Default hereunder. 3. Injunction. County shall be entitled to restrain, by injunction,the actual or threatened commission or attempt of an Event of Default and to obtain a judgment or order specifically prohibiting a violation or breach of this Permit agreement without, in either case, being required to prove or establish that County does not have an adequate remedy at law. Permittee hereby waives the requirement of any such proof and acknowledges that County would not have an adequate remedy at law for Permittee's commission of an Event of Default hereunder. 4. Alternative Remedies. Neither the existence of other remedies identified in this Permit nor the exercise thereof shall be_deemed to bar or otherwise limit the right of the County to commence an action for equitable or other relief and/or proceed against Permittee and any guarantor for all direct monetary damages,costs and expenses arising from the Default 14 and to recover all such damages, costs and expenses, including reasonable attorneys' fees. Remedies are cumulative;the exercise of one shall not foreclose the exercise of others. XVII. SUBSEQUENT ACTION The County reserves for itself the right at any time upon ninety(90)days written notice to the Permittee,to so change, amend,modify or amplify any of the provisions or conditions herein enumerated to conform to any state statute or county regulation,relating to the public welfare, health,safety or highway regulation,as may hereafter be enacted,adopted or promulgated. XVIII. ACCEPTANCE Permittee shall execute and return to County a signed acceptance of the Permit granted hereunder. The acceptance shall be in the form of the acceptance attached hereto as Exhibit "A", and in accepting the Permit, Permittee warrants that it has carefully read the terms and conditions of this Permit and accepts all of the terms and conditions of this Permit and agrees to abide by the same and acknowledges that it has relied upon its own investigation of all relevant facts,that it has had the assistance of counsel or an opportunity to have assistance of counsel, that it was not induced to accept a Permit, that this Permit represents the entire agreement between the Permittee and the County.In the event the Permittee fails to submit the acceptance as provided for herein within the time limits set forth in this section,the grant herein is and shall become null and void. XIX. RECORDING OF MEMORANDUM OF PERMIT The Parties agree that a"Memorandum of Permit"in substantially the form attached hereto as Exhibit"A",shall be filed for record with the Office of the Mason County Auditor upon written acceptance by the Permittee. The cost and expense of such filing shall be borne by the Permittee if not already included in the fee for issuance of this Permit. Notwithstanding the foregoing, this Permit is not intended nor shall it be construed to create.an interest in land or constitute the grant or conveyance of a real property interest by the County to the Permittee. The requirements of this Section)(IX are intended solely to provide notice of the existence of this Permit and the terms and conditions there under, including inter-alia, the limitations upon assignment of the Permit. Permittee shall at the time of its acceptance of this Permit identify the assessor's tax identification number of the parcel or parcels benefited by this Permit and a legal description of each such parcel to be included in the Memorandum of Permit. XX. MISCELLANEOUS PROVISIONS A. Controlling Law/Venue. Any disputes concerning the application or interpretation of any of the provisions of this Permit shall be governed by the laws of the State of Washington. Venue of any action or arbitration brought under this Permit shall be in Mason County, Washington or the Western District of Washington if an action is brought in federal court, provided;however,that venue of such action is legally proper. 15 B. Liens. Permittee shall promptly pay and discharge any and all liens arising out of any Work done,suffered or permitted to be done by Permittee on any Permit area. 11 C. Waiver. No waiver by either party of any provision of this Permit shall in any way impair the right of such party to enforce that provision for any subsequent breach, or either party's right to enforce all other provisions of this Permit. D. Attorney's Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Permit, the substantially prevailing Party or Parties shall be entitled to reasonable attorney's fees,costs and necessary disbursements in addition to any other relief to which such Party or Parties maybe entitled. E. Amendment. This Permit may be amended only by a written contract signed by authorized representatives of Permittee and County of Mason. F. Severability. If any provision of this Permit is held to be illegal, invalid or unenforceable under present or future laws, such provision will be fully severable and this Permit will be construed and enforced as if such illegal, invalid or unenforceable provision is not a part hereof, and the remaining provisions hereof will remain in full force and effect. In lieu of any illegal,invalid or unenforceable provision herein,there will be added automatically as a part of this Permit, a provision as similar in its terms to such illegal, invalid or unenforceable provision as may be possible and be legal,valid and enforceable. G. Joint and Several Liability. Permittee acknowledges that, in any case in which Permittee and Permittee's contractors are responsible under the terms of this Permit, such responsibility is joint and several as between Permittee and any such Permittee's contractors; provided that, the Permittee is not prohibited from allocating such liability as a matter of contract. H. Notices. Any notice contemplated, required, or permitted to be given under this Permit shall be sufficient if it is in writing and is sent either by: (a)registered or certified mail, return receipt requested; or(b) a nationally recognized overnight mail delivery service,to the Party and at the address specified below,except as such Party and address may be changed by providing no less than thirty(30)days'advance written notice of such change in address. Permittee: W.Pierre Andrade 17491 NE North Shore Road Tahuya,WA 98588 Grantor: Mason County Public Works 100 W Public Works Drive Shelton,WA 98584 16 1. Approvals. Nothing in this Permit shall be deemed to impose any duty or obligation upon the County to determine the adequacy or sufficiency of Permittee's plans and specifications or to ascertain whether Permittee's proposed or actual construction, installation, testing, maintenance,repairs,replacement,relocation,adjustment or removal is adequate or sufficient or in conformance with the plans and specifications reviewed by the County. No approval . given,inspection made,review or supervision performed by the County pursuant to this Permit shall constitute or be construed as a representation or warranty express or implied by County that such item approved, inspected, or supervised, complies with laws, rules regulations or ordinances or this Permit or meets any particular standard, code or requirement, or is in conformance with the plans and specifications,and no liability shall attach with respect thereto. County and inspections as provided herein,are for the sale purpose of protecting the County's rights as the owner and manager of the road rights-of-way and shall not constitute any representation or warranty, express or implied,as to the adequacy of the design,construction, repair, or maintenance of the utility facilities, suitability of the permit area for construction, maintenance, or repair of the utility facilities, or any obligation on the part of the County to insure that work or materials are in compliance with any requirements imposed by a governmental entity. County is under no obligation or duty to supervise the design, construction,installation,relocation,adjustment,realignment,maintenance,repair,or operation of the utility facilities. J. Force Majeure. Neither Party hereto shall be liable to the other.Party for any failure to perform an obligation set forth herein to the extent such failure is caused by war, act of terrorism or an act of God, provided that such Party has made and is making all reasonable efforts to perform such obligation and minimize any and all resulting loss or damage. K. Construction. All pronouns and any variations thereof shall be deemed to refer to the masculine,feminine or neuter,singular or plural,as the identity of the Party or Parties may require. The provisions of this Permit shall be construed as a whole according to their common meaning, except where specifically defined herein, not strictly for or against any party and consistent with the provisions contained herein in order to achieve the objectives and purposes of this Permit. L. Incorporation by Reference. All exhibits annexed hereto at the time of execution of this Permit or in the future as contemplated herein, are hereby incorporated by reference as though fully set forth herein. M. Calculation of Time. All periods of time referred to herein shall include Saturdays, Sundays,and legal holidays in the State of Washington,except that if the last day of any period falls on any Saturday, Sunday,or legal holiday in the State of Washington,the period shall be extended to include the next day which is not a Saturday, Sunday,or legal holiday in the State of Washington. 17 N. Entire Agreement. This Permit is the full and complete agreement of County and Permittee with respect to all matters covered herein and all matters related to the use of the Permit Area by Permittee and Permittee's Contractors,and this Permit supersedes any and all other agreements of the Parties hereto with respect to all such matters, including, without limitation, all agreements evidencing the Permit. O. No Recourse. Without limiting such immunities as the County or other persons may have under applicable law, Permittee shall have no monetary recourse whatsoever against the County or its officials, boards, commissions, agents, or employees for any loss or damage arising out of the County's exercising its authority pursuant to this Permit or other applicable law. P. Responsibility for Costs. Except as expressly provided otherwise, any act that Permittee is required to perform under this Permit shall be performed at its cost. If Permittee fails to perform work that it is required to perform within the time provided for performance, the County may perform the work and bill the Permittee. The Permittee shall pay the amounts billed within 30 days. Q. Work of Contractors and Subcontractors. Work by contractors and subcontractors are subject to the same restrictions, limitations, and conditions as if the Work was performed by the Permittee. The Permittee shall be responsible for all Work performed by its contractors and subcontractors, and others performing Work on its behalf, under its control, or under authority of its utility permit,as if the work were performed by it and shall ensure that all such work is performed in compliance with this Permit, Title 12 MCC, the Manual and other applicable law, and shall be jointly and severally liable for all damages and correcting all damage caused by them. It is the Permittee's responsibility to ensure that contractors, subcontractors, or other Persons performing work on the Permittee's behalf are familiar with the requirements of the Permit,Title 12 MCC,the Manual,and other applicable laws governing the work performed by them and further,for ensuring that such contractors and subcontractors maintain insurance as required herein. R. Survival of Terms. Upon the termination of the Permit,the Permittee shall no longer have the right to occupy the Permit area. However, the Permittee's obligations under this Permit to the County shall survive the termination of these rights according to its terms for so long as the Permittee's utility facilities shall remain in whole or in part in the road rights-of- way,except to the extent the County Engineer has approved abandonment in place. By way of illustration and not limitation,Permittee's obligations to indemnify,defend and hold harmless the County, provide insurance and a performance/payment bond pursuant to Section XI and Permittee's obligation to relocate its utility facilities pursuant to Section VIII,shall continue in effect as to the Permittee,notwithstanding any termination of the Permit, except to the extent that a County-approved transfer, sale, or assignment of the utility system is completed, and another entity has assumed full and complete responsibility for the utility facilities or for the relevant acts or omissions. 18 DATED at Shelton,Washington this day of ,20 APPROVED: BOARD OF COMMISSIONERS MASON COUNTY,WASHINGTON County Engineer Chair Approved as to form: Vice Chair Chief D.P.A. Commissioner 19 RECORDED AT THE REQUEST OF AND AFTER RECORDING RETURN TO: County of Mason 100 West Public Works Drive Shelton WA 98584 Attn: County Engineer EXHIBIT"A" MEMORANDUM OF PERMIT Title: W.Pierre Andrade Private Line Occupancy Pennit Grantor: COUNTY OF MASON,a legal subdivision of the state of Washington Grantee: W. Pierre Andrade Description of Franchise Area: SEE EXHIBIT A-4 A-1 ACCEPTANCE OF PERMIT Private Line ,Utility Occupancy Permit effective 20 I/we, am/our the ©40241.1 L, of parcel(s)33r�3c�""1�t1003(? andPwe am/are the(Operator and)or(representative authorized to)accept.Permit on behalf of -MM-mr1ify that this Permit and all terms and.conditions thereof are accepted by IO r:- <����"without qualification or reservation and guarantee performance hereunderoWe certify that,to the best o(zn /our knowledge,the assessor's tax identification number of the parcel or parcels benefited by this Permit and a legal description of each such parcel are as described in the attached exhibit. DATED this 2"�: day of: NE�� ,20 2- . PERMITTEE(S) By Title: _ STATE OF C:uAL�,kn)C—T_&l, ) }ss. COUNTY-OF_i'-,� ' ) I certify that i know or have satisfactory evidence that�. f t� � J�J�f � isthe person who appeared before me,and said person acknowledged th she signed this instrument,on oath stated that h tlshe was authorize to execute the ;instrument and acknowledged it as the d W AUE,r,) of the fps—` to be the free and voluntrry act of such party for the uses and purposes mentioned in the instrument. Dated: f T12 �Aq#T- 4.2 q' o e`'�'' Rv�� ''•• ublicri'� a a Print Name 4-•a _ ZP ` dr e4\c' g: = My commission expiresi A-2 MEMORANDUM OF PRIVATE LINE UTILITY OCCUPANCY PERMIT THIS MEMORANDUM OF PERMIT is dated as of the_day of between the County of Mason,a legal subdivision of the state of Washington("County")and (Permittee"). 1. Pam. County has, pursuant to Private Line Utility Occupancy Permit granted to Permittee,the right,revocable at the will of the County,to use and occupy certain road rights-of-way for the construction,installation,adjustment,maintenance,removal,repair, relocation and operation of Permittee's utility facilities for the benefit of the herein described Property, upon the terms and conditions of that certain permit agreement between the parties accepted the day of ,2022(the"Permit"),which terms and conditions are incorporated herein by this reference. The property to be benefited by this permit is situated in the Mason County, Washington, legally described in Exhibit A attached hereto (herein called the"Property"). The road right-of-way permit area("Permit Area")is also described in attached Exhibit A. 2. Term. The term of the Permit is in perpetuity unless terminated. 3. Termination. County in its sole discretion may terminate all or part of the Permit with or without cause upon no less than ninety (90) days written notice to the Permittee. Further, this Permit will automatically terminate upon assignment without the prior written consent,of the County,or upon transfer of the Property without the prior written consent of the County to an assignment of the Permit or upon transfer of all or part of the utility facilities located in the Permit Area without the prior written consent of the County to an assignment of the Permit. 4. Purpose of Memorandum of Permit. This memorandum of permit is prepared for the purpose of recordation and notice and in no way modifies the Permit and is in no way intended to or should be construed to create or convey an interest in land or the road right-of- way. DATED this day of ,20_ COUNTY OF MASON County Engineer Approved as to fonn: Chief D.P.A. A-3 raRM OF M E MOT NDUM OF PERMIT Permit hma Map N wen Share p�d_ 00 17461 NE North Share Rd i Water line 17473 NE North Shore Rd 17491 NE North Shore Rd • Parcel#5190152 31011 Parcel#51 901 5201 011 Parcel#322301190030 L_Andrade Private Line Oct;upancy A-4 MASON COUNTY AGENDA ITEM SUMMARY FORM To: Board of Mason County Commissioners From: John Taylor Action Agenda: X Public Hearing: Other: Department: DEM/Parks &Trails Ext: 806/669 Date: March 29, 2022 Agenda Item# 8,1 O (Commissioner staff to complete) Briefing Date: March 7, 2022 Briefing Presented By: John Taylor [ ] Item was not previously briefed with the Board Please provide an explanation of urgency Item• Actions to be taken pertaining to Lead Pay. Backeround• On March 7, 2022 the Commissioners were briefed on the following recommended action for future actions pertaining to the termination of Lead Pay for Tammi Wright in the Department of Emergency Management and Carl"Bud"Olson in Parks&Trails. The Lead Pay was approved to remain in place until the hiring of a Department of Emergency Management/Parks&Trails Manager. The recommended date for termination is April 1,2022. Recommended Action: Approval to terminate Lead Pay for Tammi Wright in the Department of Emergency Management and Carl"Bud" Olson in Parks&Trails on April 1, 2022. Attachment(s)• None MASON COUNTY AGENDA ITEM SUMMARY FORM To: Board of Mason County Commissioners From: Diane Zoren Action Agenda: X Public Hearing: Other Department: Support Services Ext: 747 Commission Meeting Date: March 29, 2022 Agenda Item # B.11 (Commissioner staff to complete) Briefing Date: March 14, 2022 Briefing Presented By: Diane Zoren [ ] Item was not previously briefed by the board Please provide explanation of urgency Item Approval to appoint Margot Connole to the Lewis-Mason-Thurston Area Agency on Aging for a 2 year term ending December 2024. Background: The Lewis-Mason-Thurston Area Agency on Aging is a local government agency that provides home and community services for seniors and adults with disabilities to help them remain living in their own homes. The Advisory Council makes recommendations to the Council of Governments and staff. Recommended Action: Approval to appoint Margot Connole to the Lewis-Mason-Thurston Area Agency on Aging for a term ending December 2024. Attachment(s): Letter Agenda Summary 3/21/2022 COU't'T A March 29, 2022 1854 Margot Connole 70 W Taffs Terrace Shelton Wa 98584 MASON COUNTY Dear Margot, BOARD OF We are pleased to announce that we have appointed you to serve on the Mason COMMISSIONERS County Lewis/Mason/Thurston Area Agency on Aging Board. The meetings are held the first Wednesday of each month at 9:30 am to approximately 12 pm. Lori Thom will provide meeting information and if you should need contact her, please call 360-664-3162. The link to the Lewis-Mason- I sT District Area Agency on Aging web page is: http://www.LMTAAA.org RANDY NEATHERLIN 2"d District We appreciate your willingness to serve on this important board and are certain KEVIN SHUTTY you will provide valuable input. 3`d District Thank you for your service to our community. SHARON TRASK BOARD OF MASON COUNTY COMMISSIONERS Mason County Building 1 411 North Fifth Street Kevin Shutty Sharon Trask Randy Neatherlin Chair Commissioner Commissioner Shelton, WA 98584-3400 (360)427-9670 ext. 419 (360)275-4467 ext.419 (360)482-5269 ext.419 Fax(360)427-8437 MASON COUNTY AGENDA ITEM SUMMARY FORM To: Board of Mason County Commissioners From: Becky Rogers Action Agenda: Public Hearing: Other: Department: Human Resources Ext: 268 Date: 3/29/2022 Agenda Item # Commissioner staff to complete) Briefing Date: 3/21/2022 Briefing Presented By: Deb Gould [ ] Item was not previously briefed with the Board Please provide an explanation of urgency Item Approval of the Master Services and License Agreement with the International Public Management Association for Human Resources (IPMA-HR). Background: The Master Services and License Agreement authorizes usage of corrections assessments. This would allow Mason County to proctor tests for candidates to be placed on the Entry Level Corrections Deputy eligibility list. Budget Impact(s): This would be covered within the 2022 budget. Recommended Action: Approval of the Master Services and License Agreement with the International Public Management Association for Human Resources (IPMA-HR). Attachment(s): Master Services and Licensing Agreement with the International Public Management Association for Human Resources (IPMA-HR). Master Services and License Agreement Terms Updated February 17,2022 IMPORTANT! YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT ON BEHALF OF YOUR AGENCY. PLEASE READ THIS CAREFULLY! ALL PUBLIC AGENCIES THAT DESIRE TO USE THE IPMA-HR ASSESSMENTS AND ASSESSMENT SCORES ARE REQUIRED TO ENTER INTO THIS MASTER SERVICES AND LICENSE AGREEMENT WITH IPMA-HR, WHICH ESTABLISHES THE TERMS AND CONDITIONS FOR USE OF THE IPMA-HR ASSESSMENTS AND ASSESSMENT SCORES. THE USE OF THE IPMA-HR ASSESSMENTS AND ASSESSMENT SCORES IS STRICTLY PROHIBITED EXCEPT AS PROVIDED IN THIS AGREEMENT. This Master Services and License Agreement("MSLA"or"Agreement")is hereby entered into by the Public Agency(the"Agency") and the International Public Management Association for Human Resources ("IPMA-W') (individually a"Party" and together the "Parties")as of the date it is executed by the Parties(the"Effective Date"). 1.0 PURPOSE OF THE AGREEMENT Agency desires to license and use the IPMA-HR Assessments(as defined in section 2.1)and Assessment Scores(as defined in section 2.3)to assist Agency in making employment decisions about applicants and employees. IPMA-HR agrees to license the IPMA- HR Assessments and Assessment Scores to the Agency for use strictly as provided herein. 2.0 DEFINITIONS As used throughout this Agreement and in any Assessment Order Form,the following terms shall have the meanings specified below and other terms are defined throughout the Agreement in parentheticals with quotation marks around the defined terms: 2.1 IPMA-HR Assessments:All of the assessments described and offered by IPMA-HR at https://www.ipma-hr.ore/assessment- services/assessments and made available for administration and licensing pursuant to the terms of this Agreement,regardless of the mode of test administration,which include a series of pre-employment and employment assessments for each of the following categories of public agencies: • Police • Fire • Corrections • Public Works 2.2 Examinee:A person who takes any IPMA-HR Assessment made available to the Agency by IPMA-HR pursuant to the terms of this Agreement. All Examinees are required to execute the Examinee Confidentiality Agreement for All IPMA-HR Tests attached to this Agreement as Attachment A. 2.3 Assessment Score:A numerical value reflecting an Examinee's performance on a particular IPMA-HR Assessment calculated by IPMA-HR based upon the Examinee's assessment response data and the number of correct responses by the Examinee, including all test response data derived from and related to the test administration. 2.4 Assessment Order Form:The electronic form to be completed by the Agency that identifies the specific titles and quantities of the IPMA-HR Assessments to be provided by IPMA-HR to the Agency pursuant to this Agreement as well as the mode of assessment administration. 2.5 Assessment Content: All content contained within the IPMA-HR Assessments, including but not limited to all graphic images,text,readings passages,hypothetical scenarios,audio content,video content,multi-media content,questions,incorrect answer choices,correct answer choices,answer key and all related materials referred to,incorporated into and included within the IPMA-HR Assessments,including all related Test Information Packets,Technical Reports,and accompanying assessment materials required to administer and use the IPMA-HR Assessments, but not including any test delivery software or coding language which may be attached to the content or in which the content may be embedded for the IPMA-HR Assessments administered via computers. 1 2.6 PBT: A paper-based test administration of any IPMA-HR Assessment made available to the Agency by IPMA-HR pursuant to the terms of this Agreement. 2.7 CBT: A computer-based test administration of any IPMA-HR Assessment made available to the Agency by IPMA-HR pursuant to the terms of this Agreement via the FastTestWeb platform. 2.8 TSA: The Test Security Agreement, incorporated by reference into the terms of this MSLA, that must be signed by the Agency prior to the ordering or administration of any IPMA-HR Assessment made available to the Agency by IPMA-HR pursuant to the terms of this Agreement. The TSA is attached to this Agreement as Attachment B. 2.9 LASA:The Limited Access Security Agreement,incorporated by reference into the terms of this MSLA,that must be signed by all Agency staff that use or have access to Assessment Content,as that term is defined herein,prior to receiving access to or participating in the administration of any IPMA-HR Assessment made available to the Agency by IPMA-HR pursuant to the terms of this Agreement. The LASA is attached to this Agreement as Attachment C. 2.10 FastTestWeb or FTW: IPMA-HR's computer-based tests are hosted by Assessment Systems on the web-based platform FastTestWeb that is used by the Agency to: (a) designate Agency's Authorized Users of CBT, (b) complete and submit Assessment Order Forms for CBT,(c)schedule and administer CBT,and(d)retrieve Assessment Scores for CBT administered in FastTestWeb. The CBT Terms of Service is attached to this Agreement as Attachment D and the CBT Manual is attached to this Agreement as Attachment E. 2.11 FastTestWeb Account:A secure user account that must be established by Agency on the web-based platform FastTestWeb by Assessment Systems,and must be used by the Agency to:(a)designate Agency's Authorized Users of CBT,(b)complete and submit Assessment Order Forms for CBT,(c)schedule and administer CBT,and(d)retrieve Assessment Scores for CBT administered in FTW. 2.12 LRP: A live, remote-proctored computer-based test administration of any IPMA-HR Assessment made available to the Agency by IPMA-HR pursuant to the terms of this Agreement via FastTestWeb and proctored remotely by MonitorEDU. The CBT Manual is attached to this Agreement as Attachment E. 3.0 ASSESSMENT ORDERING REQUIREMENTS,AGENCY ACCOUNTS,AND AUTHORIZED USERS 3.1 Test Administration Options: The IPMA-HR Assessments can be administered in accordance with the TSA,LASA and all applicable IPMA-HR test administration manuals and policies using any of the following methods: a. CBT with in-person proctoring by the Agency; b. CBT with LRP by MonitorEDU;and c. PBT with in-person proctoring by the Agency. 3.2 Test Security Agreement and Assessment Order Forms: In order to access, administer and use IPMA-HR Assessments and use Assessment Scores, in addition to accepting the terms of this Agreement,the Agency must accept and execute the TSA and then complete the required Assessment Order Form for the IPMA-HR Assessments that the Agency desires to use. For PBT IPMA-HR Assessments,upon executing this Agreement and the TSA,IPMA-HR will email the Agency with a link to a web-based Assessment Order Form that the Agency must complete specific the IPMA-HR Assessments it is ordering. For all CBT IPMA-HR Assessments,whether they will be proctored in-person by the Agency or via LRP,the Agency must follow the procedures set forth in section 3.3 below to complete the Assessment Order Form and manage the IPMA-HR Assessments ordered by the Agency.Agency shall pay all applicable fees and costs set forth on all Assessment Order Forms for the IPMA-HR Assessment that they order. 3.3 Agency Account for CBT and CBT with LRP:In order to use CBT IPMA-HR Assessments and Assessment Scores,whether they will be proctored in-person by the Agency or via LRP,and submit Assessment Order Forms for the Agency,in addition to an authorized representative of Agency accepting the terms of this Agreement,the Agency must accept and execute the TSA, acknowledge and execute the CBT Terms of Service, and register for a FastTEST account. Agency's authorized representative will be required to create a password in connection with Agency's IPMA-HR FastTEST account. Agency is solely responsible for maintaining the confidentiality and security of Agency's IPMA-HR FastTEST account and password and Agency agrees to accept responsibility for all activities that occur under Agency's IPMA-HR FastTEST account and password.Agency agrees that the information Agency provides to IPMA-HR in FastTEST,whether at registration or at any other time,will be true,accurate,current,and complete.Agency also agrees that Agency will ensure that Agency's information is kept accurate and up-to-date at all times in Agency's IPMA-HR FastTEST account.If Agency has reason to believe that Agency's FastTEST account is no longer secure(e.g.,in the event of a loss,theft,or unauthorized disclosure or use of Agency's account ID or password), then Agency shall immediately notify IPMA-HR at assessment@ipma-hr.org. Agency shall be 2 solely liable for the losses incurred by IPMA-HR or others due to any unauthorized use of Agency's IPMA-HR FastTEST account. 3.4 Agency's Authorized Users:Agency will be permitted to designate authorized users of its IPMA-HR FastTEST Account to order,schedule,administer and proctor the IPMA-HR Assessments and to obtain Assessment Scores for Examinees who have taken the IPMA-HR Assessments. All of Agency's authorized users shall be required to execute a LASA prior to receiving access to Agency's IPMA-HR FastTEST account. Agency's authorized users shall be solely responsible for maintaining the confidentiality and security of their respective IPMA-HR FastTEST account and password and Agency agrees to accept responsibility for all activities that occur under the accounts of authorized users designated by Agency. Agency shall also have sole and exclusive responsibility and liability for the acts and omissions of its authorized users that relate in any way to (1)the use of IPMA-HR FastTEST accounts by Agency or any authorized users established by Agency, (b) ordering, use, administration and proctoring of the IPMA-HR Assessments,and(c)use of and access to Examinee Assessment Scores. All users designated by Agency shall be bound by the terms of this Agreement, including all additional terms, conditions and policies incorporated by reference into this Agreement. 3.5 Examinee Requirements to be Enforced by Agency: All Examinees are required to execute the Examinee Confidentiality Agreement for All IPMA-HR Tests (Attachment A) prior to taking any IPMA-HR Assessment. It is Agency's sole and exclusive responsibility to ensure that all Examinees execute the Examinee Confidentiality Agreement prior to administration of any IPMA-HR Assessment, regardless of the method of administration. It shall be deemed a material breach of this Agreement by Agency if any Examinee has access to or takes any IPMA-HR exam prior to executing the Examinee Confidentiality Agreement. 3.6 Additional Terms,Conditions and Policies: In addition to the terms and conditions set forth in this Agreement and each Assessment Order Form submitted by Agency,the use of IPMA-HR Assessments and Assessment Scores by Agency and all of Agency's authorized users is subject to the terms and conditions set forth in the most current versions of the Examinee Confidentiality Agreement for All IPMA-HR Tests(Attachment A),the TSA(Attachment B),the LASA(Attachment C),the CBT Terns of Service(Attachment D),the CBT Manual(Attachment E),(collectively,the"Additional IPMA-HR Terms and Conditions") applicable to the IPMA-HR Assessments and Assessment Scores,which IPMA-HR may modify from time to time. The Additional IPMA-HR Terms and Conditions are hereby incorporated by reference into and made part of the Agreement. 3.7 Terms and Conditions for Integrated Services: The Agency's use of FTW and the IPMA-HR Assessments via CBT and CBT with LRP require the Agency to access and use third party integrated services provided,respectively,by Assessment Systems and MonitorEDU("Integrated Services").In order to use FTW and the IPMA-HR Assessments via CBT or CBT with LRP, the Agency must accept all terms and conditions of the Integrated Services. IPMA-HR does not control the terms, policies or practices of the Integrated Services. If the Agency does not accept the terms and conditions of the Integrated Services,the Agency is prohibited from using the IPMA-HR Assessments that require their use. 4.0 TERM AND RENEWALS This Agreement commences with the Effective Date and shall continue for a one-year period thereafter, unless terminated earlier as provided in Section 11.0 or by agreement of the Parties. This Agreement will automatically renew for an unlimited number of consecutive additional one(1)year renewal periods,unless either Party gives the other Party written notice that it will not renew at least sixty(60)days prior to the Expiration Date or the expiration of any renewal period. The time period during which the Agreement is in effect,including any renewal period,shall be referred to herein as the"Term"of the Agreement. 5.0 FEES Agency shall pay IPMA-HR the fees specified by IPMA-HR for the IPMA-HR Assessments ordered by Agency and submitted to IPMA-HR in an Assessment Order Form. Agency shall not charge Examinees any fees related to Agency's use or administration of the IPMA-HR Assessments. 5.1 Invoicing and Payment Agency shall pay IPMA-HR in a timely manner for the IPMA-HR Assessments that Agency orders in each Assessment Order Form. In the event IPMA-HR is required to submit an invoice to Agency,IPMA-HR shall submit such invoices on a monthly basis, unless stated otherwise in the Invoice. All invoiced amounts shall be due and payable within thirty(30)days of date of the invoice. Any balance on an invoice not paid when due shall bear interest at the lesser of one and one-half percent(I %2%) per month or the maximum rate allowed by law from the date due until paid. 3 5.2 Taxes/Fees Not Included The fees for services charged to Agency do not include any applicable sales,use,excise,Value Added Tax(VAT),Goods and Services Tax(GST)or any other fees,taxes,excises,or charges on,or in connection with the furnishing of the services. The fees set forth also do not include credit card charges,currency lifting fees,currency border fees,or other charges. IPMA-HR will charge and collect from Agency these fees,taxes,etc.,when these charges are required to be collected. 6.0 OWNERSHIP AND LICENSES GRANTED 6.1 IPMA-HR-Owned Materials and Licenses Provided to Agency Agency agrees that IPMA-HR owns or has obtained the exclusive right,title and interest in and to the IPMA-HR Assessments, Assessment Scores and the Assessment Content(as each of the aforementioned terms is defined in this Agreement)(collectively,the "Works"). Nothing in this Agreement shall be interpreted to suggest that IPMA-HR is transferring any of its exclusive rights in the Works to Agency.Agency shall not disassemble,decompile or reverse engineer the Works, or its component parts. Agency has no right to copy any components of the Works, except Assessment Scores, as provided below. IPMA-HR hereby grants Agency a limited, revocable, non-exclusive, non-transferable, non-assignable, non-sublicenseable, royalty—free,worldwide license to use the IPMA-HR Assessments for which Agency has paid pursuant to an Assessment Order Form in strict accordance with the terms and conditions of this Agreement and the most current versions of the IPMA-HR Policies and Procedures Manual and the IPMA-HR Assessment Exam Policies for the purpose of(a)enabling Agency to administer the IPMA-HR Assessments to Examinees as part of Agency's employment selection and/or evaluation requirements and(b) scoring the IPMA-HR Assessments in order to provide Assessment Scores to Agency. IPMA-HR hereby grants Agency a perpetual, irrevocable, non-exclusive, non-transferable, non-assignable, sublicenseable, royalty—free,worldwide license to use and copy the Assessment Scores of Examinees who have taken IPMA-HR Assessments for which Agency has paid pursuant to an Assessment Order Form in strict accordance with the terms and conditions of this Agreement and the most current versions of the IPMA-HR Policies and Procedures Manual and the IPMA-HR Assessment Exam Policies for the purpose of enabling Agency to use the Assessment Scores as part of Agency's Program requirements for Examinees and for the educational benefit of the Examinees who took the IPMA-HR Assessments. All data,survey responses,suggestions,improvements,comments,and feedback provided by Agency in order to assist IPMA- HR in the research,development,maintenance,evaluation and validation of the IPMA-HR Assessments(collectively,the"Validation Data")shall be considered"Works Made for Hire"and are the exclusive property of IPMA-HR.Agency agrees to fully cooperate with IPMA-HR in whatever manner may be required for the IPMA-HR to secure,register,perfect and enforce all of its rights in and to the Validation Data.All costs associated with supporting IPMA-HR's exercise of it rights under this provision shall be borne by IPMA-HR. IPMA-HR hereby grants Agency a perpetual,irrevocable,non-exclusive,non-transferable,non-assignable,sublicenseable,royalty—free, worldwide license to use and copy the Validation Data for its legitimate research and governmental purposes. The licenses provided by IPMA-HR to Agency are strictly limited to the purposes set forth in this Agreement, and upon termination, cancellation or nonrenewal of this Agreement for any reason, such authorization and license to use the IPMA-HR Assessments shall cease and terminate,but Agency may continue to use the Assessment Scores and the Validation Data as perpetually licensed herein. 6.2 Special Statement Regarding the Use of Assessment Scores: Where IPMA-HR provides scoring services to Agency for the IPMA-HR Assessments, IPMA-HR strives to calculate and deliver accurate, valid and reliable Assessment Scores. Agency understands and acknowledges that Assessment Scores reported by IPMA-HR are valid and reliable only to the extent that the Assessment Scores are used in accordance with the intended purposes of the IPMA-HR Assessments.Agency acknowledges that IPMA-HR offers no opinion or guidance as to the weight that Agency should assign to Assessment Scores in relation to employment decisions it makes in relation to Examinees. Agency acknowledges that Agency is solely responsible for the use of Assessment Scores, and any and all claims, losses and/or damages arising out of Agency's use of Assessment Scores and hereby indemnifies IPMA-HR and its employees,officers,directors,contractors,agents and attorneys from any and all claims,demands,losses and/or damages arising out of Agency's use of Assessment Scores. 7.0 CONFIDENTIALITY 4 7.1 Definition. For purposes of this Agreement, "Confidential Information" means and includes any and all materials, data and information provided by the IPMA-HR to Agency in relation to the Licenses provided under this Agreement as well as all of the IPMA-HR Assessments,Assessment Scores and the Assessment Content(as each of the aforementioned terms is defined in this Agreement),and related materials developed by IPMA-HR,tests presently in development by IPMA-HR,tests planned for future development by IPMA- HR,information concerning Examinees(as defined in paragraph 2.1 of this Agreement),information describing or relating to test items, test questions,test answer choices,software,software source documents,microcode and source code,test development processes,test scores,scoring programs,scoring processes,key performance indicators,data analytics,formulas,specifications,practice tests,and test preparation materials.Confidential Information shall also mean and include either Party's information,intellectual property,data,know- how,results,processes,compositions, inventions,methods,materials,finances, sales,pricing,technologies,contracts,short-term and long-term business and marketing plans,strategies,and prospects,suppliers,budgets,projections,research and development,business policies or practices, investigations, investigative methods, legal strategies and any other information, however documented and in whatever form or medium,that is the confidential and proprietary business information of Agency or IPMA-HR,and/or a"Trade Secret," as that term is defined in the Uniform Trade Secrets Act,whether in written,oral,electronic,Internet-based,or other form.IPMA-HR and Agency agree to protect and hold all Confidential Information in strict confidence and shall not,directly or indirectly,disclose any Confidential Information to any person who is not authorized by the disclosing Party to receive such information or use it for its own benefit or that of any other person or entity. All Confidential Information is and shall remain the sole and exclusive property of the disclosing Party,and the receiving Party shall have no rights or license thereto. Nothing contained herein shall require either Party to disclose any of its Confidential Information to the other. 7.2 Non-Use and Non-Disclosure. Each Party agrees that commencing on the Effective Date and continuing in perpetuity after the termination of IPMA-HR's engagement with Agency(the"Term"),the receiving Party will keep the Confidential Information in the strictest confidence and shall not modify,disclose,recreate,create derivatives,copy or adapt such information for any purpose other than as specifically required to provide the Services hereunder and will not,during or subsequent to the term of this Agreement,(i)use the Confidential Information for any purpose whatsoever other than the performance of the Services or(ii)disclose the Confidential Information to any third party. Each Party agrees that all Confidential Information will remain the sole property of the disclosing Party (except Examinee Personal Data,which is owned by the Examinee it identifies).The Parties agree to take all reasonable precautions to prevent any unauthorized disclosure of such Confidential Information and that each shall have exclusive responsibility for the conduct of their respective employees in relation to the Confidentiality terms of this Agreement. Each Party acknowledges and agrees that disclosure of any Confidential Information without the express written permission of the disclosing Party will cause the disclosing Party irreparable harm for which remedies at law may be inadequate and that any breach or threatened breach of this Agreement by the receiving Party will entitle the disclosing Party to seek injunctive relief,in addition to any other legal and/or equitable remedies available to it,in any court of competent jurisdiction. In the event that any lawsuit or legal proceeding is commenced to enforce or construe a portion of this Agreement,the prevailing party, in addition to any other amounts to which the prevailing party may be entitled or awarded,the non- prevailing party shall be required to pay the reasonable attorneys'fees and costs of litigation incurred by the prevailing party. 7.3 Maintaining Confidentiality. Each Party shall(i)attempt in every way to prevent intentional and unintentional unauthorized use or disclosure of Confidential Information;(ii)promptly notify the other Party of any unauthorized use,copying or disclosure of Confidential Information;(iii)assist the other Party in investigating and limiting the scope of any potential disclosure by such Party of Confidential Information;and(iv) mitigate any potential harm that could result from such disclosure.In order to fulfill its confidentiality obligations hereunder,each Party shall abide by the terms contained in Section 8 of this Agreement,Data Protection and Privacy. 7.4 Third Party Confidential Information. IPMA-HR recognizes that it will receive and process confidential, proprietary and/or protected information of Examinees subject to a duty on IPMA-HR's part to protect and maintain the confidentiality of such information and to use it only for certain limited purposes.Confidential information from Examinees may include,but is not limited to,the name,identity,race,other personal identifying information,academic information,personal health records and test scores of the Examinees that is subject to protection and regulation under international,state and federal laws restricting the collection,processing,use and disclosure of such information.IPMA-HR agrees that during the term of this Agreement and thereafter any such third-party confidential information is considered to be Confidential Information for purposes of this Agreement and IPMA-HR is under the same obligations to maintain the confidentiality of such information as IPMA-HR has to keep Agency's Confidential Information confidential.Notwithstanding the foregoing terms, Agency acknowledges that while IPMA-HR shall handle and process Assessment Scores as Confidential Information of Examinees subject to 5 the applicable laws and regulations cited herein,Assessment Scores are the exclusive property of IPMA-HR as provided in Section 6 of the Agreement. 7.6 Notice of Legally Compelled Disclosures. In the event a Party is required by law to disclose any Confidential Information,such Party shall give the other Party reasonable prior written notice of such required disclosure and shall permit the other Party to seek a protective order or to take appropriate actions to contest the disclosure and shall provide reasonably requested cooperation to the other Party in seeking such protective order or in any other efforts to maintain the confidentiality of the Confidential Information. Each Party shall indemnify,defend and hold the other Party harmless from and against any claims or damages arising from any breach of the obligations contained in this Section, which indemnification obligation shall survive the expiration or termination of this Agreement. 7.7 Return or Destruction of Materials. Upon the termination of this Agreement,or upon Agency's earlier written request,IPMA-HR shall return to Agency or destroy, at Agency's option and Agency's expense,all Confidential Information,except Assessment Scores and Validation Data,received from Agency and Examinees in IPMA-HR's possession or control and any such information to which IPMA-HR has access, including Confidential Information contained in all backup and/or cloud-based data storage systems,within thirty(30)calendar days of receipt of the request. If Agency requests that IPMA-HR destroy the Confidential Information, IPMA-HR shall promptly provide a written certification to Agency that includes a reasonably specific inventory of all the Confidential Information that was destroyed,the date of destruction,all manner of destruction and a declaration that the contents of the certification are true and accurate. 7.8 Continuation of Obligation. The confidentiality provisions provided herein shall survive the termination and/or non-renewal of the Agreement and/or the termination of the business relationship between the Parties. The Parties shall protect and maintain the secrecy of each other's Confidential Information in perpetuity. 8.0 DATA PROTECTION AND PRIVACY IPMA-HR and Agency shall comply with the Data Protection and Privacy Terms attached to this Agreement as Attachment F. The Parties agree that the Data Protection and Privacy Terms are material terms of this Agreement. 9.0 INDEMNIFICATION 9.1 Agency's Indemnity Agency will,to the extent permissible under applicable law,indemnify,defend and hold IPMA-HR and its officers,directors, employees, agents,attorneys,representatives, successors and assigns harmless from and against any and all Losses arising out of any claim, demand, action, or proceeding based directly or indirectly on Agency's use or administration of the IPMA-HR Assessments, Agency's use of Assessment Scores, Agency's decision to hire or promote or to not hire or not promote any Examinee, Agency's decisions regarding testing accommodations requested by any Examinee in relation to the IPMA-HR Assessments,Agency's provision and/or implementation and/or delivery of testing accommodations to any Examinee who takes the IPMA-HR Assessments, and any Agency act or omission related to Agency's use of the IPMA-HR Assessments and/or Assessment Scores. Agency's indemnity will include Agency's grant or refusal of accommodations for Examinees representing themselves as disabled. For the benefit of clarity,all of the provisions of this Indemnification section of the Agreement shall only be binding on Agency to the extent permissible under applicable law. 9.2 Losses "Losses"shall mean(i)the amounts payable by IPMA-HR to one or more third parties(including any and all liabilities,damages, fines,penalties,costs,expenses,assessments,levies,restitution and forfeitures),whether by means of judgment,settlement,arbitration award, or otherwise; and (ii) IPMA-HR's costs and expenses (including any and all expert fees, court costs, reasonable costs of investigation,defense,litigation,settlement,judgment,and appeal,reasonable attorney's fees in connection with the foregoing or with successfully establishing the right to indemnification under this Section 9, and expenses and any interest and penalties levied on a judgment or arbitration award or payable as part of any settlement). 6 9.3 Procedures In order to invoke its right to indemnification under this Section 9,IPMA-HR shall promptly notify(and, in the case of any action,suit,arbitration,or judicial or administrative proceeding, shall so notify no later than fifteen(15)days after the IPMA-HR has received notice thereof or has been served with a complaint or other process)Agency when it has knowledge of circumstances or the occurrence of any events which are likely to result in an indemnification obligation under this subsection or when any action, suit, arbitration,or judicial or administrative proceeding is pending or threatened that is covered by this subsection. Upon request,and to the extent permitted by applicable law,Agency shall have the right to defend,settle,or compromise any such suit or proceeding,at its own expense,provided that:(a)Agency demonstrates to the satisfaction of IPMA-HR that it is financially able to defend such action and to pay any settlement,award or judgment;(b)counsel retained by Agency are reasonably satisfactory to IPMA-HR;and(c)no settlement shall be made which imposes any obligations on(other than the payment of money which is made by Agency on behalf of IPMA-HR),or is prejudicial to, IPMA-HR,without the prior consent of IPMA-HR,which consent shall not be unreasonably withheld. IPMA-HR shall cooperate with Agency in the defense of any such suit or proceeding,and Agency shall reimburse IPMA-HR for its expenses with respect thereto,including counsel of its choice. Such cooperation shall include,but not be limited to,the making of statements and affidavits,attendance at hearings and trials,production of documents,assistance in securing and giving evidence and obtaining the attendance of witnesses,provided,however,that in no event shall either Party be required to waive attorney-client or other applicable privileges. Failure by IPMA-HR to promptly notify Agency as required by this subsection shall not invalidate the claim for indemnification, unless such failure has a material adverse effect on the settlement, defense, or compromise of the matter that is the subject of the claim for indemnification. In addition,IPMA-HR shall be responsible for any claims or losses which could have been avoided or mitigated by prompt notice as required by this subsection. 10.0 NO THIRD-PARTY BENEFICIARIES/LIMITATION OF LIABILITY/WARRANTY DISCLAIMER 10.1 No Third Party Beneficiaries Nothing in this Agreement shall entitle any person(including, without limitation, Examinees)to any rights as a third-party beneficiary under this Agreement. 10.2 Limitation of Liability EXCEPT FOR THE OWNERSHIP AND LICENSES GRANTED TERMS SET FORTH IN SECTION 6, CONFIDENTIALITY OBLIGATIONS SET FORTH IN SECTION 7,AGENCY'S INDEMNIFICATION OBLIGATIONS SET FORTH IN SECTION 9(TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW),AND EITHER PARTY'S WILLFUL MISCONDUCT RELATED TO THE PERFORMANCE OF THIS AGREEMENT ("EXCLUDED MATTERS"), IN NO EVENT WILL EITHER PARTY'S AGGREGATE LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION-E.G. CONTRACT,WARRANTY, TORT,MALPRACTICE, AND/OR OTHERWISE)EXCEED THE AMOUNT PAID BY AGENCY TO IPMA-HR DURING THE 12-CONSECUTIVE-MONTH PERIOD IMMEDIATELY PRECEEDING THE EVENT TRIGGERING A CLAIM OF LIABILITY HEREUNDER.EXCEPT FOR EXCLUDED MATTERS,IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, SPECIAL,INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, OR BUSINESS, LOSS OF USE, OR INTERRUPTION OF BUSINESS, OR OTHER DAMAGES, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF OR SUCH DAMAGES ARE PERMITTED UNDER APPLICABLE LAW.FOR EXLUDED MATTERS, THE LIMITATION OF LIABILITY SHALL BE$1,000,000. 10.3 Warranty and Disclaimer IPMA-HR warrants that IPMA-HR owns or otherwise has sufficient rights in the IPMA-HR Assessments, the Assessment Content and the Assessment Scores to grant Agency the rights to use the IPMA-HR Assessments and the Assessment Scores as provided herein. IPMA-HR's breach of this warranty shall be grounds for termination of the Agreement. This warranty shall only be effective and enforceable if Agency has used the IPMA-HR Assessments and the Assessment Scores in accordance with the terms of this Agreement,including all incorporated terms,conditions and IPMA-HR policies,and Agency has provided IPMA-HR with commercially reasonable notice of any alleged breach of warranty in accordance with the terms hereof. 7 EXCEPT AS SPECIFICALLY SET FORTH HEREIN, EACH PARTY HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR ARISING FROM A COURSE OF DEALING,USAGE OR TRADE PRACTICE. 11.0 TERMINATION 11.1 Termination for Cause. Either party can terminate this Agreement for cause by providing written notice to the other party of one of the below identified grounds for termination and by following the procedures set forth in the Dispute Resolution Procedures set forth below: (i)if a party fails to pay the other party any delinquent amounts owed to the other party hereunder; (ii)if Agency determines that IPMA-HR breached any of the Confidentiality,Ownership or Data Protection provisions of this Agreement; (iii)if the other party has committed any material breach of its obligations under this Agreement;or (iv)upon the institution of bankruptcy or state law insolvency proceedings against the other party,if such proceedings are not dismissed within thirty(30)days of commencement. 11.2 Dispute Resolution Procedures. Upon either party to this Agreement receiving written notice of termination in accordance with any of the above grounds for termination,the Parties agree to follow the procedures set forth in this section prior to filing or serving any legal action or proceeding in any court,unless the ground for termination is IPMA-HR's alleged breach or anticipated breach of the Confidentiality,Ownership or Data Protection provisions of the Agreement. (i)First,the party alleged to have breached the Agreement shall have fifteen(15)calendar days to cure the breach that shall begin to run from the date the written notice of breach was received(the"Cure Period"). (ii)If, after the expiration of the Cure Period,the party alleging a breach is not satisfied that the alleged breaching party has cured,the party alleging the breach shall deliver a written Notice of Mediation to the alleged breaching party,setting out the allegations of fact underlying the alleged breach, and identifying the specific terms of the Agreement that may have been breached. (iii)The Parties agree to meet and confer in a face to face meeting ten(10)calendar days after delivery of the Notice of Mediation and participate in a good faith negotiation to settle and finally resolve the dispute described in the Notice of Mediation. (iv)If,after meeting and conferring in good faith,the Parties still have not resolved the alleged breach described in the Notice of Mediation,the Parties shall,within a period of ten(10)calendar days after the failure of the Parties to resolve the matter at their good faith meet and confer session,jointly select a neutral mediator who will hold a face-to-face mediation with the senior representatives of the Parties and make a recommendation of settlement to the Parties. Such face-to-face mediation shall be scheduled within an additional thirty (30)calendar days after the appointment of the neutral mediator.If the Parties reject the recommendation of the neutral mediator in writing, then, and only then, may either or both Parties proceed with litigation. (v)Neither party shall pursue any legal action against the other in any court or other proceeding until the dispute resolution procedure provided in this paragraph has been executed in good faith and exhausted and resulted in either no resolution or an incomplete resolution of the dispute. (vi)For the benefit of clarity,it is the intent of the Parties that the earliest that either Party could initiate a legal action against the other in court under this Agreement is sixty-five(65)days after the party delivers written notice of a material breach of the Agreement. (vii)Notwithstanding any of the foregoing terms,either Party may,at its sole discretion,avoid the dispute resolution procedures set forth above and immediately file a legal action or proceeding in any court of competent jurisdiction if the filing Party has determined in good faith that the other Party breached any of the following Sections of the Agreement:6.0 Ownership and Licenses Granted,7.0 Confidentiality,9.0 Indemnification,and 12.0 Right to Audit and Investigate. 8 11.3 Performance Until Termination Notwithstanding the delivery of a notice of default or notice of termination by either Party to the other, all obligations to perform services and to pay for such services shall continue in effect and be duly observed and complied with by both Parties until the effective date of termination. 12.0 RIGHT TO AUDIT AND INVESTIGATE Agency agrees that IPMA-HR shall have the right to audit,at IPMA-HR's expense,Agency's compliance with the terms of this Agreement and conformance to all IPMA-HR policies incorporated by reference into this Agreement.Such audit rights shall extend to all components of Agency's performance of the Agreement.Agency shall fully cooperate with any audit by IPMA-HR and promptly provide copies of and/or access to all requested information and data controlled or possessed by Agency and its contractors and agents that relate to the performance of the Agreement.All information received in an audit shall be treated as Confidential Information of the Party that delivers it.All auditors appointed by 1PMA-HR shall be allowed,upon commercially reasonable advance notice to Agency, access to electronically stored information related to the performance of this Agreement by Agency, its employees, contractors and authorized agents. IPMA-HR shall also have the right to investigate, in its sole discretion and at its expense, any incident, event, allegation,suspicion or situation that may threaten the integrity or validity of the IPMA-HR Assessments or Assessment Scores.Agency shall cooperate in all such investigations by promptly producing all documents,data and electronically stored information requested by IPMA-HR in relation to its investigation. Agency shall also produce and make available, at a mutually agreed time and place, all employees,contractors and agents thereof for in-person or virtual remote video interviews by investigators and other agents appointed by IPMA-HR to complete any such investigation related to the integrity or validity of the IPMA-HR Assessments or Assessment Scores. Agency and its employees,contractors and authorized agents shall reasonably cooperate in any audit or investigation by IPMA-HR. In addition to the audit rights specified above,IPMA-HR reserves the right to audit any IPMA-HR Assessment administration by Agency or its employees, contractors,with or without prior notice to Agency.Agency,its employees and contractors shall cooperate with all audits of IPMA-HR Assessment administrations.In the case of any IPMA-HR Assessment administered by Agency through the use of a third-party remote-proctoring vendor, IPMA-HR shall also have the right to review and audit, on its own or through a third party contractor of IPMA-HR's choice, all recorded IPMA-HR Assessment administration session video, audio and test session data for IPMA-HR's auditing purposes,and Agency shall promptly provide IPMA-HR and its third party vendor with all requested assessment administration data relevant to such audits. 13.0 RELEASE OF INFORMATION AND MEDIA INQUIRIES Agency shall not issue or make any public announcement, news release or social media post related to the IPMA-HR Assessments without first obtaining prior advance written permission from IPMA-HR and Agency shall promptly notify IPMA-HR in writing via email and telephone if it receives any media or press inquiry related to the IPMA-HR Assessments. 14.0 NOTICES Any notices or other communications required or which may be given by either Party to the other Party under this Agreement, shall be in writing and may be sent by email,with read receipt requested,or by overnight courier,with a verified receipt,or by registered or certified mail, postage prepaid and addressed to the address stated below or to such other address as the Parties shall subsequently designate to each other by notice given in accordance with this Section 14. Such notice shall be deemed to be sufficiently given when the receiving Party receives the original.For the Agency,IPMA-HR shall provide notice to the person at the email address and/or street address provided by Agency on the TSA. FOR IPMA-HR: Cara Woodson Welch 1617 Duke Street Alexandria,VA,22314 15.0 INDEPENDENT CONTRACTOR The Parties agree that IPMA-HR's relationship to Agency under this Agreement is that of an independent contractor,and that neither Party is an agent or employee of the other. 16.0 PREVAILING PARTY The unsuccessful Party in any action or proceeding shall pay for all costs,expenses and reasonable attorney's fees(including cost of inside counsel)incurred by the Prevailing Party or its agents or both in enforcing the terms and conditions of this Agreement. 9 i The term"Prevailing Party"as used herein shall include without limitation a party who utilizes legal counsel and brings or defends an action,suit,or judicial or administrative proceeding involving an alleged breach or default under this Agreement and, if the plaintiff, obtains substantially the relief sought(whether by compromise,settlement,award or judgment)or,if the defendant,the plaintiff fails to substantially obtain the relief sought. In the event that neither Party can be considered the Prevailing Party,the judge shall have the discretion to equitably apportion costs and attorney's fees and expenses. 17.0 APPLICABLE LAW Unless prohibited by applicable state or local law that governs the operation of the Agency, this Agreement and all related disputes shall be construed and governed by the laws of the Commonwealth of Virginia, without reference to principles regarding conflict of laws. Unless prohibited by applicable state or local law that governs the operation of the Agency,all disputes related to this Agreement shall be heard in a Court of competent jurisdiction in the Commonwealth of Virginia, and the Parties consent to the jurisdiction of any such court in the Commonwealth of Virginia and agree that venue is appropriate there. 18.0 FORCE MAJEURE Neither Party shall be liable for delay or failure in performance of any of its obligations under this Agreement(other than payment obligations) when such delay or failure arises from events or circumstances beyond the reasonable control of such Party, including, without limitation, acts of God, fire, flood, war, explosion, pandemic, epidemic, sabotage, terrorism, embargo, civil commotion,acts or omissions of any government entity,supplier delays,communications or power failure that are not caused by IPMA- HR,equipment or software malfunction not caused by IPMA-HR,or labor disputes. 19.0 NO WAIVER No failure on the part of either Party to exercise, no delay in exercising, and no course of dealing with respect to any right, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this Agreement. 20.0 ASSIGNMENT Neither Party may assign, sublicense or otherwise transfer this Agreement, or any part thereof, without the prior written approval of the other Party,which approval shall not be unreasonably withheld. A copy of the proposed contract shall accompany any such request for approval of a proposed assignment between the Party and the proposed assignee/subcontractor. IPMA-HR may,without the necessity of Agency's consent,assign its rights and obligations under this Agreement to(a)any subsidiary or affiliate of IPMA-HR or(b)any successor in interest pursuant to merger or acquisition. 21.0 INTERPRETATION The masculine, feminine or neuter gender and the singular or plural number shall be deemed to include the other gender or numbers where the context so indicates or requires. Unless otherwise expressly provided, references to days, months or years are to calendar days,months or years. Person or persons include individuals,partnerships,corporations,government agencies or other entities. Section headings are included for convenience only and are not to be used to construe or interpret this Agreement. 22.0 ELECTRONIC SIGNATURES IPMA-HR shall be deemed to have signed and executed this Agreement upon Agency's acceptance of the Terms via click- through agreement as indicated below. Agency shall also be deemed to have signed and executed this Agreement upon Agency's acceptance of the Terms via electronic click-through agreement as indicated below. The Parties agree that these electronic signature mechanisms shall have the same meaning and force of law as ink signatures of their authorized representatives on a paper contract. 23.0 SURVIVAL BEYOND TERMINATION OR EXPIRATION It is mutually agreed that any and all obligations arising under the following Sections of the Agreement, including all subsections thereunder,shall survive any termination,cancellation,non-renewal or completion of this Agreement: 1.0,2.0,5.0,6.0,7.0, 9.0, 10.0, 12.0, 13.0, 14.0 16.0, 17.0, 18.0, 19.0,21.0,23.0,24.0,25.0,and 26.0. 10 i 24.0 SEVERABILITY The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of the other provisions of this Agreement,which shall remain in full force and effect. If any of the provisions of this Agreement shall be deemed to be unenforceable by reason of its extent, duration, scope or otherwise, then the Parties contemplate that the court making such determination shall enforce the remaining provisions of this Agreement,and shall reduce such extent,duration,scope,or other provision and shall enforce them in their reduced form for all purposes contemplated by this Agreement. 25.0 CHANGES TO THE TERMS AND CONDITIONS OF THE AGREEMENT IPMA-HR reserves the right to modify and update the terms and conditions of the Agreement.IPMA-HR will post the most current version of these Terms at[https://www.ipma-hr.org/mla]. If IPMA-HR makes material changes to the Agreement,IPMA-HR will notify the Agency via email to the email address of the Principal Signer of the TSA or may simply present the updated Agreement to the Agency upon login to the Agency's FastTEST account. If the Agency does not accept updated versions of the Agreement,the Agency must stop using the IPMA-HR Assessments. The Agency's continued use of the IPMA-HR Assessments after notice about changes to the Agreement and/or acceptance of the updated Agreement by clicking"I Agree"means that the Agency is consenting to and accepting the updated Agreement. 26.0 ENTIRE AGREEMENT This Agreement,including the Additional IPMA-HR Terms and Conditions incorporated herein by reference,constitutes and expresses the entire agreement and understanding between the Parties regarding all the matters herein referred to, and supersedes all previous discussions,promises,representations,and understandings relative thereto,if any,between the Parties. The Parties explicitly agree that any Purchase Order or other orderine document or payment authorization document required by Agency shall not alter the terms of this Agreement and shall have no leeal effect on the riehts and responsibilities of the Parties in relation to the topics covered by this Agreement. THIS AGREEMENT IS HEREBY ACCEPTED AND EXECUTED BY IPMA-HR UPON THE AGENCY'S ACCEPTANCE BELOW. BY CLICKING THE "I AGREE" BUTTON, ACCESSING OR UTILIZING ANY IPMA-HR ASSESSMENT, THE PERSON SIGNING ON BEHALF OF THE AGENCY IS REPRESENTING THAT (1) THEY HAVE THE LEGAL AUTHORITY TO BIND THE AGENCY TO THIS AGREEMENT AND(2)THE AGENCY AGREES TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL INCORPORATED POLICIES. IF THE AGENCY'S REPRESENTATIVE DOES NOT HAVE THE LEGAL AUTHORITY TO BIND THE AGENCY TO THIS AGREEMENT OR THE AGENCY DOES NOT ACCEPT THE TERMS OF THIS AGREEMENT AND ALL INCORPORATED POLICIES, DO NOT CLICK THE "I AGREE" BUTTON. A I agree Signature: Date: Full Name: Kevin Shutty Position Title: Chairperson Mason County Commissioners Agency: Mason County 11 MASON COUNTY AGENDA ITEM SUMMARY FORM To: Board of Mason County Commissioners From: Paddy McGuire Action Agenda: _X_ Public Hearing: Other: Department: Auditor Ext: 468 Date: 03/29/2022 Agenda Item # &k3 Commissioner staff to com lete Briefing Date: 03/21/2022 Briefing Presented By: Paddy McGuire [ ] Item was not previously briefed with the Board Please provide an explanation of urgency Item: Adoption of new precinct maps. Background: RCW 29A.16.040 provides that"The county legislative authority...shall divide the county into election precincts." Section (1) states "Precinct boundaries may be altered at any time" except"no precinct changes may be made during the period starting fourteen days prior to the first day for candidates to file." This year, that deadline is May 2nd. By law, no precinct may exceed 1500 registered voters. Following the new registrations brought on by the 2020 Presidential election, four precincts exceeded that limit. To avoid having to redo precincts again soon, we looked at all sixteen precincts that exceeded 1250 voters. Working with the county GIS staff, our office proposes an expansion from 43 to 55 precincts. We have attempted to minimize the number of precinct splits (where a precinct contains multiple districts) and follow natural and other geographic features. No precinct is split between Commissioner district and we maintain the numbering convention where the first digit of the precinct number is the Commissioner district. Budget Impact(s): None Recommended Action: Adopt the attached resolution Attachment(s): Listing of new precincts and precinct maps RESOLUTION NO. A RESOLUTION TO ADOPT NEW PRECINCT BOUNDARIES and AMEND MASON COUNTY CODE (MCC) CHAPTER 1.12 WHEREAS, RCW 29A.16.040 states that the Board of County Commissioners"...shall divide the county into election precincts and establish the boundaries of the precincts." WHEREAS, RCW 29A.16.040 states that the Board of County Commissioners may establish a limitation on the maximum number of registered voters in each precinct"...but in no case may the number exceed one thousand five hundred active registered voters." WHEREAS, redistricting brought on by the 2020 Census and an increase in voter registrations necessitates redrawing precinct lines. NOW, THEREFORE BE IT RESOLVED by the Board of Mason County Commissioners to authorize the adoption of a precinct boundary plan proposed by the County Auditor creating 55 precincts as set forth in Exhibit A attached hereto. Adopted this 29 h day of March, 2022. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: Kevin Shutty, Chair McKenzie Smith, Clerk of the Board APPROVED AS TO FORM: Randy Neatherlin, Commissioner Tim Whitehead, Chief DPA Sharon Trask, Commissioner H:\Redistricting\2022 New Precincts\Precinct changes Resolution.docx 2022 Proposed Precincts Precinct Number Precinct Name Active Voters Comm Dist 113 Pickering 1155 1 114 Harstine 1142 1 115 Grapeview 700 1 116 Mason Lake 923 1 117 Fair Harbor 771 1 118 South Allyn 1039 1 119 Victor 893 1 120 Belfair 1049 1 121 Tiger Lake 605 1 122 Dewatto 833 1 123 Tahuya 1099 1 124 North Sand Hill 940 1 125 Trail's End 398 1 126 Twanoh 790 1 127 North Allyn 731 1 128 Hartstene Pointe 284 1 129 Island View 642 1 130 North Shore 723 1 131 South Sand Hill 630 1 132 South Shore 981 1 205 Bordeaux 179 2 207 Kamilche Point 751 2 226 Alderbrook 673 2 227 Union 1016 2 228 Skokomish 369 2 229 Hood Canal 491 2 230 Lake Cushman 1268 2 231 Eels 413 2 232 Matlock 578 2 233 Dayton 1071 2 234 Kamilche 520 2 235Isabella 753 2 236 Airport 1006 2 237 Johns Prairie 1005 2 238 North Limerick 1062 2 239 South Limerick 632 2 240 Brockdale 505 2 241 Hoodsport 744 2 242 Lost Lake 735 2 243 Schumaker Creek 219 2 301 Olympic View 965 3 302 Downtown 875 3 303 North Angleside 720 3 3041 Hillcrest 999 3 305 Shelton Springs 1 895 3 Page 1 2022 Proposed Precincts 306 Fawn Lake 855 3 307 South Angleside 642 3 308 North Arcadia 874 3 309 South Arcadia 1179 3 310 Agate 725 3 311 Oakland Bay 946 3 312 Timberlake 1146 3 339 Callanan 32 3 340 Crestview 906 3 341 Lynch Creek 1172 3 Page 2 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: John Taylor DEPARTMENT: Parks &Trails EXT: 669 COMMISSION MEETING DATE: 3129/22 PREVIOUS BRIEFING DATES: 3/7/22 pp If this is a follow-up briefing, please provide only new information ITEM: Approval of the following actions for Mason County Parks &Trails Advisory Board EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): The Mason County Parks &Trails Advisory Board is a seven-member board and we currently have three active members. We request the following actions: 1) Reappoint Mendy Harlow; 2) Appoint Shawn Fontana, new applicant. 3) Remove Mike DeMatteo due to non-attendance. The Parks &Trails Advisory Board voted to recommend removal from the Board, pursuant to the By-Laws. Mason County Code Chapter 2.49.040 — Removal of members. Any appointed parks and trails advisory board member may be removed by a majority vote of the board of county commissioners for cause. Vacancies on the parks and trails advisory board shall be filled by appointment made by the board of county commissioners for the unexpired portions of the term(s) vacated. BUDGET IMPACT: None PUBLIC OUTREACH: A news release soliciting applicants has been issued. RECOMMENDED OR REQUESTED ACTION: Approve the following actions: 4) Reappoint Mendy Harlow for term ending 12/31/26 5) Appoint Shawn Fontana for term ending 12/31/26 6) Remove Mike DeMatteo due to non-attendance effective immediately ATTACHMENTS: Mendy & Shawn's applications; Parks &Trails Advisory membership info and by-laws. Briefing Summary 3/21/2022 r� Clerk ,Kpne, K. / j/W (� 1� f4 Ste}r•'-• '��}7'��r. rr�( lc� �}7'j�7��•pt�p�•1 { � U6 Kt�' 11t4`z!Tt4=amfS �f' y N4 ZY l� �llY.lC7N7JCY.11.YN7!t\I] Count I,' I70'_40 ar'�0,�-&;�8� ,4tV � .'�:• '` .�:ts's:u � Masan �, •1r, Com missloners 'laM kris '.Al ri'' IAIQl tI'i�T 604 M � cZ 7'4 Tam • '�o-i;lid'�1��.���t�•�:� ,�� � at�� � '� ��, �s +legs �chr vou?�v r._��n..-...ca a....--1-.a....._-.-a:..�s•_=xi..-:ti-.-..s:........+..--...�.�_.�_..._�..•u.....��.a.-.�u.-�w..n..rw•+.._u�.s...r..�--�r.r.ti.v.�•-.a s-.i--�...........i.....r:. Q:OMMlJWTYBEft>ftG 1=iIi1RLC YM f�`i i.11 REi ltZ 1��.1 4 i U1 �J t? »I f lC,�� ��7i�n t i� RsKiPs7 tN PR �lr ', DVa7bld 5�. 'YR8 n 1 •�/ FAM ��sr7b2. P-1-k a ,/ 4,csovece '`4n G1 m �4M its G'✓Cgn rt,�0 CD '. :-.DV Tn�, .... _....Z. . y Rs- -k _k'sa, MRngj9a�c (It your. oxc ,' h fidc'3•y� of Aofvo k 't rs;r61d aptifrvO�d.�f�F10'O:Qam ��dt mi'tt�atT-• "-d ffjjfambloh.yw�'rE'40Wytb4: >D Q n�1 ins Flyfaa'ttr�terests�'sl�iits;d►a;you�iista�'�erth�'`Boar.�,•�omrnii#eef:�r{�urxcif'�� , Rf g iyem r/' r a S a urcG manQ Please list any financial,prat'essioadr,•or votuntaty. aMfOong-whicih may ih ueme,ot•affeet:your posltIm.:ort-thla-goart (i;e�tareate.a,pole licte tntemt) -41 i�ur pa icipatl ix�c.is:ztepertdenk'uponak anr(tittg certain tratnir�gs rrfadeavait bi hythe Court duriC( rergpNr'f mIness hour4: =( xch as opera Flub(td Mee irr s dot and nubile.Re The.traWngs would be at no;mst'to you.Would you.bo •ablete-4aI ad:suabtrft!ngp'� Ve 11 . ReOsv.dpffy�-bow.mfm,time.vmydu 0ve.to (��p.��{,p,.J �)ry }�, �f,��•��r L1t/�/�• :. .. 'W Ft i`•Sl+,' IKINr�Sl4 M�c,7,V -E�.',RI7 V Day. �,�;1}...,y, z�,;:••-�: (�j�{t ram,.. 3 4)A 5t,`• 'l, yt(1)l;f<)�. t,. N}Si-�2,Ny'3-aF ayl•.,•;. _ S,/wit lr i���•I�S.i{I,l��.r i�)..7��r��Ftt��f.�!�5•'4{!t�'�al,"i:.'1'�;i 1 ME S .✓ . . .. r�r �d �� .202� :� �J,�;'.�} �1g�!'j�rd.�+!k��.;t�.t1�;+�•;y�� s`. n t r [wet r�r 4't�1Y,�� f =F��e.�=7.yI ( f77,rC.•. h;'< : fl F 1�.>vG,iy,)s:�415'�'� l•v'4..j �T,54(-�1\?rya ,,Y:tr'-Si + MIAM �' �.� ` r:( {!`�ib�d9• riff' �jY� 9 r S+l�•� 1•�t-•r '7` tfti`r�'l,i, 5 1 r'S'f1 1( h,ter.y �{5,(•[•; riv iYt`�,j�ti )•�fl{'1't�k:7f,t} Cr�! . J •17tc1;'f,.r � $�, 1 i•y T,�,f y ; r+�! _, 1 Cc:CMMRS Neatherlirr,Shutty&Drexler _ Clerk rn R CO'E I �1 lt�., VIP t MASON COUNTY COMffS,WOMR1S �. OCT 20 2017 411 .i ORTHPIFTHST EET SHRLTO.itr WA 98584 =- t Mason Gaw nt�`'ax 360-427 807,Voice 360-427.9670,Ext.419,276-4467 ar482 5269 Commissionors I AM SEEKING APPOINTMENT TO Parks and Tralls Advisory Committee NAMR Mendy Harlow ADDRESS:' PHONE: CiTY/ztP: VOTING PRECINCT: EVIL - i COMMUNITYSER\ACE_ ____ ]EMPLOYMENT:(ERETIRED PREVIOUS EXPERIENCE) Rotary Club of OR Mason SH1P5j CoMPA Y: Hood Canal Salmon Enhancement Group yRS wants LAUD Or or anon Mason County 4-H 5 O • Exeoutive Nreotor North ason Chanloora o merce Shelton-Mason County Chamber of COMPANY, - YRS POSITION: --------------------------------------------------------------------------------------------- In your words,what do you perceive is the role or purpose of the$oard,Committee or Council for which you are applying: To advise the commissioners and staff of Mason County In their role of managing recreation and parks In our County. e purview of this a v sory committee Includes developMent and recommt'n a can o po ties and procee ores, -tXil@S an latianns a mlttee is also mapmsihle for fhe parks and tralls comprehensive plan updates,which its needed In order for Mason County to qualify for Washington State G[a,its rmw development and maintenance.of County parks arid tralts, What interests,skids d4 you wish to offer the Board,Committee,or Council? I am a recreation advocate and enthusiast. l feel strongly that open s ace and recreation opportunities are vital to a ,healthy community and ores e a connection etween people and their nature environment, I have been carrying habitat-aswrallon projer4s from f r�rnt M , t rtt8}ins A Seri-pr4a t ... organization.The skills I have developed along.the way would he a great asset to our community. Please list any tinanclal,professional, or voluntary affiliations which may influence or affect your position on this Board: Q,e.create a potential conflict of interest) . As�Isclgsgd m gbova,I a the Executive Director of HGSEG which may volunteer to partner andfor carry fanvord rel6rea6an ar p'ark projeots that are In the comprehensive plan. Your participation Is dependent upon attending certain trainings made available by the County during regular buslness hours (such as Open Public Meetings act and Public Records).The tralnings would be at no cast to you,Would you be able to attend such tralnings'1 YO Realis6caliy,how much time can you give to this position? Quarterly Morw X Weekly t7* Off(C6 se OWY i p fD/ief17 Appointment Date,� Signature Dab ' Torm Expire Date�, q-{it Chapter 2.49 PARKS AND RECREATION DEPARTMENT BOARD SECTION 1 COUNTY PARK AND RECREATION ADVISORY BOARD AUTHORITY Chapter 2.49 Parks and Recreation Board Sections: 2.49.010 Creation of Park and Recreation Advisory Board. 2.49.020 Terms of members. 2.49.030 Powers of Board. 2.49.040 Removal of members. 2.49.050 Supervision. 2.49.010 Creation of Park and Recreation Advisory Board. There is hereby created a Park and Recreation Advisory Board of Mason County,Washington,to assist the County in the delivery of park and recreation services to its residents and visitors. Such Board shall consist of seven(7) members, who shall be appointed by the Board of County Commissioners to serve without compensation. 2.49.020 Terms of members. For the appointive positions on the County Park and Recreation Board the initial terms shall be two (2) years for two (2)positions, three (3)years for two (2)positions, and four(4)years for the remaining positions plus the period in each instance to the next following December 31st; thereafter the term for each appointive position shall be four(4)years and shall end on December 31 st. 2.49.030 Powers of Board. The County Park and Recreation Advisory Board shall: (1)Elect its officers, including a chairman, vice chairman, and such other officers as it may determine it requires. (2)Hold public meetings as deemed necessary and keep written records. (3)Advise and assist the Director of Parks and Recreation and the County in the promulgation of reasonable rules and regulations deemed necessary for operation of County parks and other recreational facilities and recommend to the Board of County Commissioners adoption of any rules and regulations requiring enforcement by legal process. (4)Advise and assist the Director of Parks and Recreation and the County in developing and recommending policies and procedures for department operations. (5)Advise and assist the Director of Parks and Recreation and the County in developing park and recreation goals and objectives and short and long-range comprehensive plans. (6)Assist the Director of Parks and Recreation and the County in their relations with other County-wide organizations and individuals concerning promotion of County park and recreation facilities and services. (7) When a new Director of Parks and Recreation is hired, have a Board member involved in the selection process who shall participate in the review of applications and the interviews of the candidates including but not limited to participation in the review of applicants, interviews of candidates, and the recommendation to the County. 2.49.040 Removal of members. Any appointed County Park and Recreation Advisory Board member may be removed by a majority vote of the Board of County Commissioners for cause. Vacancies on the County Park and Recreation Advisory Board shall be filled by appointment made by the Board of County Commissioners for the unexpired portions of the terms vacated. 2.49.050 Supervision. The County Park and Recreation Advisory Board shall operate under the direction and supervision of the Board of County Commissioners through its administrator and Director of Parks and Recreation. SECTION 2 BOARD OPERATIONS AND BY-LAWS Officers. The officers of the board shall be a chairperson and vice-chairperson. The vice chairperson shall serve in the absence of the chairperson. In the absence of both the chairperson and vice chairperson,the members present at such meeting shall elect a temporary chairman. The Staff Support person of the Parks and Recreation Department shall serve as Clerk of the Board. The terms of office for chairperson and vice chairperson shall be for one year from January 1 through December 31; for chairperson pro tempore only for the meeting at which he/she is appointed. The chairperson is the chief executive of the board. He/she has all the powers and duties usually incident to such office and is responsible to appoint committees and to conduct the business of the board between regular meetings. The chairperson shall retain full right and responsibility of partaking in all deliberations and voting for good and sufficient reason. However,he/she does not have the right of casting an additional deciding vote. Nominations for officers shall be made orally at the regular December board meeting. Election shall be by majority vote between the nominees. Meetings. Regular meeting of the board shall be held at a place and time determined by majority vote of the board. In the event of the lack of a quorum at a regular or recessed meeting,the chairperson or vice chairperson or chairperson pro tempore, in that order, shall adjourn the meeting to another day, and it shall be a standing order that absentee members be advised of the determination to hold such recessed meetings. Special meeting may be called: 1. By action of the board at a regular or recessed meeting to another day. 2. By order of the chairperson or,in his/her absence,by the vice chairperson. 3. By the written request of three or more members of the board. 4. By request of the Director of Parks and Trails Department. Written or phone notice for special meeting shall be provided to members of the board. Minutes and Records. Minutes of all official meetings shall be kept and made part of a permanent public record. The official minutes of the board approved by motion shall be kept in a safe place in the park office and shall be made available to any citizen desiring to examine them during the hours when the office is open. Not later than three(3) day prior to the meeting of the board, each member shall receive a complete copy of the minutes of the previous meeting,including copies of any motions referred to therein. Motions. Motions considered by the board shall constitute a part of the minutes of the meeting,which such motion was considered,provided that the text of any such motion may be considered as being contained in the minutes when such minutes make a proper identifying reference to such motion. All motions shall be clearly identified by nature of subject matter and by date,so as to be clearly identifiable by reference. Quorum-Voting. A majority of the entire membership constitutes a quorum for the conduct of regular business(attendance of four members). Voting is by"ayes"and"nayes"except where the members may require a ballot or roll call vote. Members shall disqualify themselves from voting on any matter which may involve a conflict with their business interests; and may abstain from voting for good and sufficient reasons which shall be announced to the meeting upon call of any member. At any meeting where there is less than a quorum, the members present shall have authority to establish a date for an adjourned meeting. By-laws may be amended by vote of two-thirds of the membership(five members). Formation of Agenda and Staff Reports for Regular Meetings. A copy of the agenda for every meeting of the Park and Recreation Advisory Board shall be provided each member not less than three(3)days prior to the date of the meeting at which such agenda is to be considered. The Parks and Trails Director shall prepare the agenda. Park Board members may submit agenda items to the Director 10 days prior to meeting for consideration. Hearings. Hearings conducted by the board shall conform to the provisions of law in the matter of public notice, time,and number and reporting. A formal hearing before the board which,for any reason cannot be completed a the time and place originally advertised,may be recessed to a later date and the announcement at such recessed meeting and the time and place of such recessed meeting shall constitute a sufficient notice to all parties concerned. Hearing procedures shall generally be as follows: 1. Chairperson and director present a summary introduction to the factual background of the subject for the information of the members. 2. Chairperson instructs the public regarding submission of factual,relevant and non-repetitive material and requests that each speaker state his/her name,address and interest in the subject. 3. Chairperson instructs the public and invites proponents to speak first,after which opponents and other interested parties may speak. Board members may pose questions through the chairperson at the close of each presentation. 4. Hearing closed by chairperson with an indication for the public of the procedures to be followed by the board. If for any reason a hearing cannot be completed at a single session,the adoption of a motion to recess to another time shall be deemed sufficient legal notice to all parties who may be affected. Visitor Participation at Board Meetings. The board meets and acts as a public advisory body and citizens are welcome to attend board meetings. Individuals or groups wishing to be heard may follow these procedures: 1. Correspondence or petitions or public input may be presented to the board under that item on the agenda. 2. Agenda requests for board action shall be filed with the director 10 or more days before the board meeting. 3. At the discretion of the chairperson,visitors may comment on items listed on the agenda. Those wishing to comment should stand and identify themselves and comments should be directed to the board as a whole. Committees. From time to time the board may establish standing or advisory committees for the purpose of assisting the board in carrying out its responsibilities as well as obtain the broadest possible community involvement and representation. Removal of Board Members. The Park Advisory Board may by a majority vote of its members submit a recommendation of removal to the Board of commissioners for any board member who misses three consecutive meetings not due to sickness or health or who misses 50%or more of the board meetings in a calendar year. Order of Business. 1. Call to order 2. Roll call 3. Determination of quorum 4. Disposition of minutes 5. Public hearings 6. Petitions from public 7. Unfinished business 8. Committee reports 9. New business 10. Staff reports 11. Adjournment SECTION 3 BOARD MEMBER RELATIONS An Effective Park and Recreation Advisory Board Member Should: 1. Be concerned with the importance of parks and recreational activities. 2. Be willing and able to devote time and energy to board endeavors. 3. Be willing and able to make decisions in a group setting and be loyal to the democratic process and accept the will of the majority. 4. Be able to understand how groups function and be an open-minded listener treating others fairly and ethically. 5. Be able to weather criticism yet maintain firm convictions. 6. Be willing to take sides on controversy and be courageous when at the point of conflict. Board Members Relationship as an Individual: 1. Subordinate their personal interests for the good of the board. 2. Accept and support majority decisions of the board. 3. Identify problems but suspend judgement until facts are available. 4. Look creatively for alternate solutions to problems. 5. Express their opinions and let others express theirs openly. 6. Dedicate quality time to board meetings and departmental tasks Board Members Relationship with the Director: 1. Work as a team with the director to promote park and recreation facilities and programs throughout the county. 2. Call upon the director for information,direction or to bring up an issue or concern. SECTION 4 ORGANIZATIONAL CHART-PARKS AND TRAILS DEPARTMENT Purpose. To provide an overview of the chain of command within the park system. Policy. The director shall have available to the public an organizational chart which shall be updated as conditions change. The chart shall reflect the organization as it exists. SECTION 5 BOARD GOALS AND OBJECTIVES 5.1 CONCEPTS OF RECREATION Concepts of Public Interest in Recreation Resolved: That in order to lay the foundation for a sound public parks and recreation services for Mason County,the Park Board hereby adopts the following concepts of public interest in parks and recreation: 1. In order to be and to remain a useful healthy member of society,every individual needs some form of recreation. Among the ways which recreational needs may be satisfied are the following: a. Through opportunities for out-of-doors living,camping,hiking, fishing,boating,nature study and the like. b. Participation in unsupervised or supervised play,recreation and sports activities. c. Through special opportunities for recreation for persons with special needs. d. By membership and participation in social clubs,or interest groups. e. By utilizing craft or art skills,hobbies or games requiring skill. £ Through participation in various cultural activities or performing arts. Every county resident has need of some or all of these kinds of recreational opportunities at various times and in varying amounts. 2. In order to provide every citizen of the county with the opportunity to satisfy his recreational needs, public agencies such as the Park Board should supply those facilities and services which are impossible or difficult for most individuals or small groups of people to provide for themselves, in terms of a. A nearly equal variety of alternative choices in the use of leisure time. b. Easily accessible and usable open space waterfront and beach access areas. c. Special facilities such as play areas,swimming facilities,boat launches,hiking trails, and the like. d. Services,primarily leadership. General Purposes. The purpose of the Mason County Parks and Recreation Board is to maximize park and recreational opportunities and thereby improve the quality of life for all residents of the county. 5.2 BOARD GOALS AND OBJECTIVES 1. To adopt,support and communicate the philosophy that recreation means any activity,voluntarily engaged in,which contributes to the refreshment,enjoyment, education or entertainment of the individual and which contributes to a sense of self worth. 2. To provide a variety of recreation opportunities for all citizens regardless of age, sex,race,or economic status. 3. To maintain full awareness of environmental concerns in the development and use of public lands and in the implementation of programs. 4. To establish and maintain written polices,practices and procedures that enable maximum opportunity for use and enjoyment of services. 5. To be responsive to the park and recreational needs and desires of individuals and groups,and to actively seek citizen input in the operation of the board. To create awareness through involvement. 6. To conduct and communicate board business in a manner that earns recognition as a highly ethical, responsible and honorable organization among employees,taxpayers,suppliers,governmental agencies press and the public at large. 7. To foster innovation by encouraging the board,advisory councils and staff to search for new and more effective ways of improving the board's operation. 8. To keep abreast of trends and changes that affect the level of service and utilize that information to increase contributions to the quality of life. 9. To develop and maintain effective leadership at the appointed,professional and volunteer levels. 10. To maintain an awareness of the political process and to participate in the development of legislation and/or other governmental regulations which affect the board's ability to meet its service responsibilities. 11. To support and participate in professional and governmental organizations which are in the interest of parks and recreation. 12. To coordinate, cooperate, assist, support and otherwise interact with private and public entities so as to maximize recreational opportunities in Mason County. 13. To take full and prompt advantage of potential economies and to aggressively seek new ways to finance operating expenses. MASON COUNTY AGENDA ITEM SUMMARY FORM To: Board of Mason County Commissioners From: Sheryl Hilt Action Agenda: _X_ Public Hearing: Other: Department: Sheriff's Office Ext: 636 Date: March 29, 2022 Agenda Item # (2).\5 Commissioner staff to com lete Briefing Date: March 14, 2022 Briefing Presented By: Sheryl Hilt [ ] Item was not previously briefed with the Board Please provide an explanation of urgency Item: The Sheriff's Office Detectives Division desires to extend the contract with Monarch Children's Advocacy Center and add services. Background: Monarch Children's Advocacy Center conducts forensic interviews when the Mason County Sheriff's Office is investigating abuse. The contract for these services expired August 31, 2021, and the SO would like to continue the services currently being conducted and extend the contract through December 31, 2025. In addition, there are occasions when the subjects do not have enough English to communicate with investigators. Monarch has agreed to procure a translator for these interviews and run all invoices through their office to facilitate payments. This work requires an additional amendment to the wording of the original contract. Budget Impact(s): None. Budgeted in 2022. Recommended Action: Approve for chair to sign amendment. Attachment(s): Original Contract Amendment #1 Mason County Professional Services Contract This Service Agreement, hereinafter referred to as "Agreement," is entered into and made effective as of the date set forth at the end of this document by and between the following parties: Mason County Sheriff's Office, organized under the laws of the state of Washington, having its principal location at 322 N 3rd St, Shelton, WA 98584 and Monarch Children's Justice and Advocacy Center, organized under the laws of the state of Washington, having its principal place of business at 420 Golf Club Rd. SE, Suite 203, Lacey, WA 98503 Hereinafter, "Client" will refer to and be used to describe the following party: Mason County Sheriff's Office. "Service Provider" will refer to and be used to describe the following party: Monarch Children's Justice and Advocacy Center. Client and Service Provider may be referred to individually as "Party" and collectively as the "Parties." RECITALS: WHEREAS, Client wishes to retain the Services of Service Provider; WHEREAS, Service Provider has the skills, qualifications, and expertise required to provide the Services to the Client; WHEREAS, Service Provider wishes to render such Services to Client. NOW, therefore, in consideration of the promises and covenants contained herein, as well as other good and valuable consideration (the receipt and sufficiency of which is hereby acknowledged), the Parties do hereby agree as follows: Article 1 - DEFINITIONS: As used in this Agreement: 1 A. "Services" shall be used to refer to forensic interviews with children and juveniles when there is suspicion of abuse or in cases where a child has been exposed to violence. B. "Commencement Date" shall be used to refer to the date the Service Provider begins work on the Services for the Client. The Commencement Date shall be the last signature date of this agreement, or the last day of any amendments signed by both parties. C. "Completion Date" shall be used to refer to the date that the Service Provider will complete or cease the provision of Services to the Client. The Completion Date of this agreement will be August 31, 2021, unless as agreed by amendment to this agreement. D. "Fees" shall be used to refer to the payment Client will pay to Service Provider for the rendering of the Services. Specifically, the fees shall be $200 (two hundred dollars), for each interview as a fixed fee for all Services rendered. Article 2 - AGREEMENT: A. Subject to the terms and conditions of this Agreement, Service Provider hereby agrees to render the Services to Client, beginning on the Commencement Date and ending on the Completion date. Client agrees to pay Service Provider the Fees required for the Services. B. Amendments to this agreement must be signed by both parties prior to the completion date of the agreement or any amendment. Article 3 - LOCATION: Service Provider will render the Services anywhere the Service Provider considers appropriate to the type and nature of the work required to complete the Services. Article 4 - SUBCONTRACTORS The Service Provider is not permitted to use subcontractors to provide some or all of the Services without the prior written approval of the Client. Article 5 - STAFF OR EMPLOYEES: 2 The Sheriff's Office 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. Monarch 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 Monarch is governed by such laws, Monarch shall take affirmative action to ensure applicants are employed, and treated during employment without regard to their 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. 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, Monarch shall state that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. Monarch shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status; or deny an individual any service or benefits under this agreement; or subject an individual to segregation or separate treatment in any manner related to his/her/its receipt of service or other benefits provided under this contract; or deny an individual an opportunity to participate in any program provided by this contract. The performance of all or part of this agreement by Monarch shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of Monarch or any employee of Monarch or any sub-contractor or any employee of any sub-contractor by the Sheriff's Office at the present time or in the future. Article 6 — TERMS OF PAYMENT: The Client agrees to pay the Service Provider the required Fees, as outlined elsewhere in this Agreement, for the provision of the Services, subject to the following terms and conditions: 3 A. Invoice Interval: The Service Provider will be entitled to invoice the client monthly. B. Invoice Period: The Client shall have 30 days from the date of receipt at the Sheriff's Office, in which to pay the invoice. C. Method of Payment: Service Provider will accept County warrant or ACH forms of payment. D. Expenses: The Service Provider is responsible for the management and payment of any and all expenses incurred in the rendering of the Services and is not permitted to charge any such expenses back to the Client. E. Penalties: If the Client does not pay the invoiced and required amount by the date stated in the invoice or as otherwise provided for in this Agreement, the Service Provider shall be entitled to: I. require Client to pay for the Services, or any remaining part of the Services, in advance; II. cease performance of the Services completely or until payment is made, at the Service Provider's sole and exclusive discretion. F. Tax Statement: Any and all charges payable under this Agreement are exclusive of taxes, surcharges, or other amounts assessed by state or federal governments. Taxes imposed upon or required to be paid by Client or Service Provider shall be the sole and exclusive responsibility of each, respectively. Article 7 - CLIENT OBLIGATIONS: During the provision of the Services, the Client hereby agrees to: A. Cooperate with the Service Provider for anything the Service Provider may reasonably require; B. Provide any information and/or documentation needed by the Service Provider relevant to the provision of Services or payment for the provision of Services; C. Require any staff or agents of the Client to co-operate with and assist the Service Provider as the Service Provider may need; 4 Article 8 — CONFLICT OF INTEREST: If at any time prior to the commencement of, or during the term of this contract, Monarch or any of its employees involved in the performance of this agreement shall have or develop an interest in the subject matter of this contract that is potentially in conflict with the Sheriff's Office interest, the Monarch shall immediately notify the Sheriff's Office of the same. The notification of the Sheriff's Office shall be made with sufficient specificity to enable the Sheriff's Office to make an informed judgement as to whether or not the Sheriff's Office interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, the Sheriff's Office may require Monarch to take reasonable steps to remove the conflict of interest. The Sheriff's Office may also terminate this agreement according to the provisions herein for termination. Article 9 - CONFIDENTIALITY: Each Party hereby acknowledges and agrees that they and the other party each possess certain non-public Confidential Information. The Parties agree that the Confidential Information is private, and the Parties have entered into a business relationship, through which they will each have access to the other party's Confidential Information. Each of the Parties desires to maintain the private nature of any Confidential Information given. A. Confidential Information refers to any information which is confidential to either of the Parties. The Confidential Information may be in the form of documents, techniques, methods, practices, personal information or other oral or written knowledge and/or any other information which is confidential to either of the Parties. Confidential Information may or may not be disclosed as such, through labeling, but is to be considered any information which ought to be treated as confidential under the circumstances through which it was disclosed. Confidential Information shall not mean any information which: I. is known or available to the public at the time of disclosure or became known or available after disclosure through no fault of the Receiving Party; II. is already known, through legal means, to the Receiving Party; 5 III. is given to the Receiving Party by any third party who legally had the Confidential Information and the right to disclose it. B. Both Parties hereby agree they shall not use the Confidential Information for any purpose except those contemplated herein or expressly authorized by the Disclosing Party. Article 10 - INSURANCE REQUIREMENTS: Without limiting Service Provider's indemnification of Client, and prior to commencement of Work, Service Provider shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and, in a form, satisfactory to the Client. General Liability Insurance, using a standard ISO CG 00 01 occurrence form, including premises, operations, products and completed operations, contractual liability with limits not less than $1,000,000 per occurrence, $2,000,000 General Aggregate and $2,000,000 Products-Completed Operations Aggregate for bodily injury, personal injury, and property damage. Coverage shall include Employers Liability (stop gap). The Commercial General Liability Coverage shall include the following endorsements: The County, its Board, officers, agents and employees shall be included as Additional Insureds either by specific endorsement naming these parties or a blanket additional insured endorsement applicable "when required by written contract or agreement" Primary, Non-contributory endorsement, both in favor of the County, its Board, officers, agents and employees or a blanket waiver of subrogation endorsement applicable 'when required by written contract or agreement". The Commercial General Liability Coverage shall not include the following endorsements: i Amendment of Contractual Liability ii Cross Suits Liability Exclusion Automobile liability insurance. Service Provider shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Service Provider arising out of or in connection with Work to be performed under this 6 Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than 1,000,000 combined single limit for each accident. If Service Provider's employees will use personal autos in any way in carrying out this agreement, Service Provider shall obtain evidence of personal auto liability coverage for each such person. Professional liability (errors & omissions) insurance. Service Provider shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Service Provider agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement. Workers' compensation insurance. Service Provider shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). Service Provider shall submit to Client, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of County, its officers, agents, employees and volunteers. Article 11 - LIMITATION OF LIABILITY Except in cases of death or personal injury caused by either party's negligence, either party's liability in contract, tort or otherwise arising through or in connection with this Agreement or through or in connection with the completion of obligations under this Agreement shall be limited to Fees paid by the Client to the Service Provider. To the extent it is lawful, neither Party shall be liable to the other Party in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other Party of an indirect or consequential nature including without limitation any economic loss, data loss, loss of goodwill, or other loss of turnover, profits, or business. Article 12 - INDEMNITY: Service Provider hereby agrees to indemnify and defend Client, and all of Client's elected or appointed officers, agents, officials, employees, volunteers and representatives, and hold harmless from and against any and all 7 damage, liability, demands, suits and losses, as well as legal fees and costs incurred, from injuries to or death of any person or persons, including the employees or each party hereto, and the loss or damage to the property of any person or persons as a result of the Services rendered by this Agreement or any transaction or matter connected with the Services or the relationship between Service Provider and Client, whether caused by a negligent act or omission of either party hereto, its agents, contractors, or employees, except that Service Provider assumes no liability for the sole negligent acts of Client. This Paragraph shall survive the termination of this Agreement. Article 13 - TERMINATION: A. This Agreement may be terminated be either party, upon notice in writing: I. if the other party commits a material breach of any term of this Agreement that is not capable of being remedied within fourteen (14) days or that should have been remedied within fourteen (14) days after a written request and was not; II. if the other party becomes unable to perform its duties hereunder, including a duty to pay or a duty to perform; III. if the other party or its employees or agents engage in any conduct prejudicial to the business of the other, or in the event that either party considers that a conflict or potential conflict of interest has arisen between the parties. B. The continuation of this contract is contingent upon the appropriation of funds to fulfill the requirements of the contract by the county commission. If the commission fails to appropriate sufficient monies to provide for the continuation of the contract, or if such appropriation is reduced by any means provided in the appropriations to prevent the total appropriation for the year from exceeding revenues for that year, or for any other lawful purpose, and the effect of such reduction is to provide insufficient monies for the continuation of the contract, the contract shall terminate on the date of the beginning of the first fiscal year for which funds are not appropriated. C. This Agreement may be terminated by the Service Provider if the Client fails to pay any requisite Fees within seven (7) days after the date they 8 are due. The Service Provider may terminate the Agreement immediately, with no notice period, in writing. D. If this Agreement is terminated before the expiration of its natural term, Client hereby agrees to pay for all Services rendered up to the date of termination, and for any and all expenditure due for payment after the date of termination for commitments reasonably made and incurred by Service Provider related to the rendering of Services prior to the date of termination. E. Any termination of under this subpart shall not affect the accrued rights or liabilities of either Party under this Agreement or at law and shall be without prejudice to any rights or remedies either Party may be entitled to. Any provision or subpart of this Agreement which is meant to continue after termination or come into force at or after termination shall not be affected by this subpart. Article 14 - RELATIONSHIP OF THE PARTIES: The Parties hereby acknowledge and agree that nothing in this Agreement shall be deemed to constitute a partnership, joint venture, agency relationship or otherwise between the Parties and that this Agreement is for the sole and express purpose of the rendering of the specific Services by the Service Provider to the client under the terms and conditions herein. Article 15 - RIGHT TO AUDIT Any authorized agency of the State (e.g., Office of the State Auditor, Inspector General's Office, etc.) and of the Federal Government has the right to inspect and review all books and records pertaining to services rendered under this contract for a period of six years from the date of final payment under the prime contract and any subcontract. The Contractor and subcontractor shall maintain such books and records for this six-year period and cooperate fully with the authorized auditing agency. Contractor and subcontractor shall comply with federal and state laws authorizing an audit of their operations as a whole, or of specific program activities. Article 17 - GENERAL PROVISIONS: A. Governing Law: This Agreement shall be governed in all respects by the laws of the state of Washington and any applicable federal law. 9 Both Parties consent to jurisdiction under the state and federal courts within the state of Washington. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. B. Assignment: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by either Party. C. Amendments: This Agreement may only be amended in writing signed by both Parties. D. Proof of insurance. Service Provider shall provide certificates of insurance to Client as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsement must be approved by Client's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with Client at all times during the term of this contract. Client reserves the right to require complete, certified copies of all required insurance policies, at any time. E. Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against Client, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Service Provider or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Service Provider hereby waives its own right of recovery against Client. F. Notice of cancellation. Service Provider agrees to oblige its insurance agent or broker and insurers to provide to Client with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. G. Additional insured status. General liability policies shall provide or be endorsed to provide that County and its officers, officials, employees, and agents shall be additional insureds under such policies. This provision shall also apply to any excess liability policies. H. Duration of coverage. Service Provider shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in 10 connection with the performance of the Work hereunder by Service Provider, his agents, representatives, and employees. I. Enforcement of contract provisions (non estoppel). Service Provider acknowledges and agrees that any actual or alleged failure on the part of the Client to inform Service Provider of non-compliance with any requirement imposes no additional obligations on the Client nor does it waive any rights hereunder. J. Timely notice of claims. Service Provider shall give Client prompt and timely notice of claims made or suits instituted that arise out of or result from Service Provider's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. K. Additional insurance. Service Provider shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. L. No Waiver: None of the terms of this Agreement shall be deemed to have been waived by any act or acquiescence of either Party. Only an additional written agreement can constitute waiver of any of the terms of this Agreement between the Parties. No waiver of any term or provision of this Agreement shall constitute a waiver of any other term or provision or of the same provision on a future date. Failure of either Party to enforce any term of this Agreement shall not constitute waiver of such term or any other term. M. Severability: If any provision or term of this Agreement is held to be unenforceable, then this Agreement will be deemed amended to the extent necessary to render the otherwise unenforceable provision, and the rest of the Agreement, valid and enforceable. If a court declines to amend this Agreement as provided herein, the invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of the remaining terms and provisions, which shall be enforced as if the offending term or provision had not been included in this Agreement. N. Public Announcement: Neither Party will make any public announcement or disclosure about the existence of this Agreement or any of the terms herein without the prior written approval of the other Party. 11 0. Entire Agreement: This Agreement constitutes the entire agreement between the Parties and supersedes any prior or contemporaneous understandings, whether written or oral. P. Headings: Headings to this Agreement are for convenience only and shall not be construed to limit or otherwise affect the terms of this Agreement. Q. Counterparts: This Agreement may be executed in counterparts, all of which shall constitute a single agreement. If the dates set forth at the end of this document are different, this Agreement is to be considered effective as of the date that both Parties have signed the agreement, which may be the later date. R. Force Majeure: Service Provider is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances. S. Notices Electronic Communications Permitted: Any notice to be given under this Agreement shall be in writing and shall be sent by first class mail or e-mail, to the address of the relevant Party set out at the head of this Agreement, or to the relevant email address set out below or other email address as that Party may from time to time notify to the other Party in accordance with this clause. The relevant contact information for the Parties is as follows: Service Provider: Tambra Donohue @ tambrad.monarch@caclmt.org Client: Sheryl Hilt @ shilt@co.mason.wa.us Notices sent as above shall be deemed to have been received seven working days after the date of posting or next working day after sending (in the case of e-mail). In proving the giving of a notice, it shall be sufficient to prove that the notice was left, or that the envelope containing the notice was properly addressed and posted, or that the applicable means of telecommunication was addressed and dispatched and dispatch of the transmission was confirmed and/or acknowledged as the case may be. 12 Signatures: Mason County Deputy Prosecutor Printed Name: Tim Whitehead Signature: Date: Sheriff's Office Contract Administrator: Printed Name: Sheryl Hilt Title: Finance Manager Contact Information: shilt@co.mason.wa.us Signature: Date: Service Provider: Children's Justice and Advocacy Center Contract Administrator: Printed Name: Tambra Donohue, Ph.D. Title: Director Contact Information: TambraD.Monarch@caclmt.org Signature: Date: 13 County Commission: Mason County Board of Commissioners Chair.- Printed Name: Kevin Shutty Title: Commission Chair Contact Information: kshutty@co.mason.wa.us Signature: Date: 14