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2022/06/21 - Regular Packet
�rw0.4 ('ru,YTP Board of Mason County Commissioners Draft Meeting Agenda Commission Chambers 411 N 51h St, Shelton, WA 98584 June 21, 2022 IA54 9:00 a.m. Our Commission meetings are live streamed at http://www.masonwebtv.com/ Effective May 10,2022,regular Commission business meetings will be held in-person and via Zoom. Please click the Zoom meeting link posted on the Mason County homepage and use the"raise hand"feature to be recognized by the Chair to provide your comments and testimony. Public comment and testimony can be provided in-person,and you can also e-mail msmith ,masoncountywa.gov;mail in to the Commissioners'Office at 411 N 51 St,Shelton,WA 98584;or call (360)427-9670 ext.419. If you need to listen to the Commission meeting via telephone,please provide your telephone number to the Commissioners' Office no later than 4:00 p.m.the Friday before the meeting. 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Correspondence and Organizational Business 4.1 Correspondence 4.2 Recognition of Judge Amber Finlay retiring after 23 years 5. Open Forum for Citizen Input Please see above options to provide public comment. These options are only available while COVID-19 OPMA meetings restrictions are in place. (3 minutes per person, 1 S-minute time limit.) 6. Adoption of Agenda Items appearing on the agenda after "Item 10. Public Hearings"maybe be acted upon before 9:15 a.m. 7. Approval of Minutes—June 2,2022 Special Meeting Minutes;June 6,2022 Briefing Minutes; and June 7,2022 Regular Meeting Minutes 8. Approval of Action Agenda Items listed under "Action Agenda"may be enacted by one motion unless a Commissioner or citizen requests an item be removed from the Action Agenda and considered a separate item. 8.1 Approval of Warrants&Treasurer Electronic Remittances Claims Clearing Fund Warrant#8088407-8088477 $ 1,977,942.72 Direct Deposit Fund Warrant#87636-88042 $ 804,521.80 Salary Clearing Fund Warrant#7006689-7006723 $ 1,053,430.86 Treasurer Electronic Remittances $ - 8.2 Approval to set a Public Hearing for Tuesday,July 19,2022 at 9:15 a.m.to consider the Open Space applications. 8.3 Approval to sign the American Rescue Plan Act of 2021 Agreement for the Public Utility District(PUD)No. 3 Substation. 8.4 Approval of the Mason County Commissioners' 2023 and 2024 Preliminary Budget Preparation Guidelines. 8.5 Approval of the proposed settlement agreement between Concrete School District,Quillayute Valley School District No.402,Naselle-Grays River School District,Clallam County Fire District No.4,Wahkiakum County,Pacific County, Skamania County,Mason County,City of Forks,American Forest Resource Council,Port of Port Angeles,Clallam County Fire District No.5,Lewis County,and Darrington School District and the State of Washington Department of Natural Resources(DNR)regarding DNR-managed forest lands. 8.6 Approval for the Chair to execute all related documents for the Infrastructure Project Grant appropriation funding for the County Rustlewood Water System Upgrades project. 8.7 Approval for the Chair to execute all related documents for the Infrastructure Project Grant appropriation funding for Belfair Water Reclamation Facility(debt relief)project. 8.8 Approval of the Resolution for the sole-source procurement of a John Deere Excavator asphalt cutter attachment from Pape Machinery for$14,119.92 8.9 Approval for the County Engineer to execute an Adopt-a-Road Agreement between Mason County and Mason Benson Center. 8.10 Approval for the County Engineer to execute an Adopt-a-Road Agreement between Mason County and Friends of Pleasant Cove. 8.11 Approval to sign the Letter of Support to accompany the Friends of Lake Cushman Dog Park PetSafe Bark for Your Park 2022 grant application. 9. Other Business(Department Heads and Elected Officials) 10. 9:15 a.m. Public Hearings and Items Set for a Certain Time Please see above options to provide public testimony. These options are available only while COVID-19 OPMA meeting restrictions are in place. 10.1 Public Hearing to consider the sale of real property on Johns Prairie Road in Shelton, Washington,parcel no.32007-13-00050 for$10,000 to New Hiawatha LLC. Staff:Mark Neary 11. Board's Calendar and Reports 12. Adjournment MASON COUNTY TO: Board of Mason County Commissioners Reviewed FROM: Cassidy Perkins Ext. 419 DEPARTMENT: Support Services Action Agenda DATE: June 21, 2022 No. 4.1 ITEM: Correspondence 4.1.1 Washington State Liquor and Cannabis Board sent in the following: Liquor License Application for IL Canale LLC, Notification of Pending Marijuana Extraction Operation, Special Occasions Liquor License Application for Kristmas Town Kiwanis, Liquor and Cannabis License Renewal Applications for those due to expire 4.1.2 Advisory Board Application received from: Tamra Ingwaldson for the Lewis- Mason-Thurston Area Agency on Aging (LMTAAA) Advisory Board, Greg Oldham for the Lodging Tax Advisory Committee (LTAC), Attachments: Originals on file with the Clerk of the Board. Cc:CMMRS Neatherlin, Shutty, Trask Clerk, a S Washington State _ Liquor and Cannabis Board NOTICE OF LIQUOR LICENSE APPLICATION WASHINGTON STATE LIQUOR AND CANNABIS BOARD License Division - P.O. Box 43098 Olympia,WA 98504-3098 Customer Service: (360) 664-1600 Fax: (360) 753-2710 Website: http://Icb.wa.gov TO: MASON COUNTY COMMISSIONERS RETURN TO: localauthority@sp.lcb.wa.gov RE: NEW APPLICATION DATE: 6/02/22 U B I:604-904-585-001-0001 License: 089316 -2N County:23 APPLICANTS: Tradename: IL CANALE IL CANALE LLC Loc Addr: 6871 E STATE ROUTE 106 BREIDENBACH, LORI UNION WA 98592-9744 (Spouse) 1954-03-26 DELEVA,JOHN ANTHONY Mail Addr: 830 E BEACH DR 1962-01-05 UNION WA 98592-9769 FORSLUND, KEITH A 1964-05-25 Phone No.: 206-679-1798 JOHN DELEVA TAGUIPED,JOLICA RUDY (Spouse) 1964-04-22 EI Privileges Applied For: DIRECT SHIPMENT RECEIVER-IN/OUT WA Curbside/Delivery Endorsement Ml 06 2622 Growlers Curbside/Delivery TAVERN-BEER/WINE Mason County CATERING COr�lrl"IISSIOr;E?rS OFF PREMISES As required by RCW 66.24.010(8), the Liquor and Cannabis Board is notifying you that the above has applied for a liquor license. You have 20 days from the date of this notice to give your input on this application. If we do not receive this notice back within 20 days,we will assume you have no objection to the issuance of the license. If you need additional time to respond,you must submit a written request for an extension of up to 20 days, with the reason(s)you need more time. If you need information on SSN,contact our CHRI desk at(360)664-1724. YES NO 1. Do you approve of applicant? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ 2. Do you approve of location? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ 3. If you disapprove and the Board contemplates issuing a license,do you wish to request an adjudicative hearing before final action is taken? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ (See WAC 314-09-010 for information about this process) 4. If you disapprove,per RCW 66.24.010(8)you MUST attach a letter to the Board detailing the reason(s) for the objection and a statement of all facts on which your objection(s)are based. DATE SIGNATURE OF MAYOR,CITY MANAGER,COUNTY COMMISSIONERS OR DESIGNEE Cc:CMMRS Neatherlin, Shutty, Trask Clerk WW ,0M( ;101V`-Mk t\ IDWashington State Liquor and Cannabis Board June 2, 2022 JUN 06 2022 Mason County Commissioners Mason County Commissioners RE: Notification of Pending Marijuana Extraction Operation Trade Name: The DAB Lab License Number: 430625 Contact Name: Jeremy Reidt Phone Number: 206-631-9058 Location Address: 160 W Westfield CT STE Al, Shelton WA 98584 Dear Sir or Madam, In accordance with Washington Administrative Code (WAC) 314-55-104(5), the WSLCB is sending notifications to local authorities (LA) when a marijuana processor plans to perform extractions of marijuana requiring the use of a professional grade closed loop extraction system at a facility within their jurisdiction. This letter is to inform you that the above mentioned applicant/licensee has indicated in their operating plan that they intend to extract marijuana using a Hydrocarbon process. In accordance with the law, "Professional closed loop systems, other equipment used, the extraction operation, and facilities must be approved for their use by the local fire code official and meet any required fire, safety, and building code requirements." For additional information on extraction requirements please see WAC 314-55-104. Meeting the required fire, safety and building code requirements is a process between the LA and the applicant, and a requirement for the applicant to begin operation. The WSLCB does not verify local fire code approvals as part of the application process. If you have additional questions, you may contact us via email at: MJExaminer(cD_lcb.wa.gov. Thank you, Brian McQuay Marijuana Examiner Washington State Liquor and Cannabis Board 360-664-1614 3000 Pacific Ave. SE, P.O. Box 43098, Olympia WA 98504, (360) 664-1600, www.liq.wa.gov Cc:CMMRS Neatherlin, Shutty, Trask Clerk,MAvV-1 9n,&1 WlN I S''V WASHINGTON STATE LIQUOR AND CANNABIS BOARD - LICENSE SERVICES 1025 UNION AVE SE - P O Box 43075 Olympia WA 98504-3075 specialoccasions@lcb.wa.gov Fax: 360-753-2710 TO: MASON COUNTY COMMISSIONERS DUNE 7, 2022 DECEIVED SPECIAL OCCASION #: 091574 iU N 07 2022 KRISTMAS TOWN KIWANIS Mason Count PO BOX 777 y SHELTON, WA 98584 Commissioners DATE: JULY 29, 2022 TIME: 62M - lOPM JULY 30, 2022 122M - 1OPM JULY 31, 2022 12PM - 3PM PLACE: SOUTH MASON SOCCER PARK - 2102 E JOHNS PRAIRIE RD, SHELTON CONTACT: MARK ZIEGLER (DOB: 8.2.1970) 360-490-2969 SPECIAL OCCASION LICENSES * _Licenses to sell beer on a specified date for consumption at a specific place. * _License to sell wine on a specific date for consumption at a specific place. * _Beer/Wine/Spirits in unopened bottle or package in limited quantity for off premise consumption. * _Spirituous liquor by the individual glass for consumption at a specific place. If return of this notice is not received in this office within 20 days from the above date, we will assume you have no objections to the issuance of the license. If additional time is required please advise. 1. Do you approve of applicant? YES NO 2. Do you approve of location? YES NO 3. If you disapprove and the Board contemplates issuing a license, do you want a hearing before final action is taken? YES NO OPTIONAL CHECK LIST EXPLANATION YES NO LAW ENFORCEMENT YES NO HEALTH & SANITATION YES NO FIRE, BUILDING, ZONING YES NO OTHER: YES NO If you have indicated disapproval of the applicant, location or both, please submit a statement of all facts upon which such objections are based. DATE SIGNATURE OF MAYOR, CITY MANAGER, COUNTY COMMISSIONERS OR DESIGNEE Cc:CMMRS Neatherlin, Shutty, Trask Clerk "Washington State VET Liquor and Cannabis Board - JUN 1 2022 P 0 BOX 43098 www.liq.wa.gov Fax #: (360) 753-2710 Mason County Cornmissior cgs June 06, 2022 Dear Local Authority: RE: Marijuana License Renewal Applications in Your Jurisdiction - Your Objection Opportunity Enclosed please find a list of marijuana licensed premises in your jurisdiction whose marijuana licenses will expire in abount 90 days. This is your opportunity to object to these license renewal requests as authorized by RCW 69.50.331 (7) . 1 ) Objection to License Renewal To object to a marijuana license rnewal: This letter must: fax or mail a letter to the Washington State Liquor and Cannabis Board (WS-LCB) Licensing Division. o Detail the reason(s) for your objection, including a statement of all the facts upon which your objection or objections are based. o You may include attachments and supporting documents which contain or confirm the facts upon which your objections are based. o Please note that whether a hearing will be granted or not is within the Board's discretion per RCW 69.50.331 (7) (c) . Your letter of objection must be received by the Board's Licensing Division at least 30 days prior to the license expiration date (WAG 314-55-165) . If you need additional time you must request that in writing. Please be aware, however, that it is within the Board's discretion to grant or deny any requests for extension of time to submiti objections. Your request for extension will be granted or denied in writing. If the objection is received within thirty days of the expiration date or the licensee has already renewed the license, the objection will be considered as a complaint and possible license revocation may be pursued by the enforcement division. A copy of your objection and any attachments and supporting materials will be made available to the licensee, therefore, it is the Local Authority's responsibility to redact any confidential or non-disclosable information (see RCW 42.56) prior to submission to the WSLCB. 2) Status of License While Objection Pending During the time an objection to a renewal is pending, the permanent marijuana license is placed on hold. 3) Procedure Following Licensing Division Receipt of Objection After we receive your objection, our licensing staff will prepare a report for review by the Licensing Director. The report will include your letter of objection, as well as any attachments and supporting documents you send. The Licensing Director will then decide to renew the marijuana license, or to proceed with non-renewal. 4) Procedure if Board Does Not Renew License (WAC 314-55-165 (2) (b) ) If the Board decides not to renew a license, we will notify the licensee in writing, stating the reason for this decision. The licensee also has the right to request a hearing to contest non-renewal of their marijuana license. If the licensee makes timely request for a hearing, we will notify you. The Board's Licensing Division will be required to present evidence at the at the hearing before an administrative law judge to support the non-renewal recommendation. You may present evidence in support of your objection or objections. The administrative law judge will consider all of the evidence and issue an initial order 9Dno0heiBgatd6irrdenfawiofibe Board members have final authority to renew the marijuana license and will enter a final 5) Procedure if Board Renews License Over Your Objection (WAC 314-55-165 (2) (a) ) If the Board decides to renew the license over your objection, you will be notified in writing. At that time, you may be given an opportunity to request a hearing. An opportunity for a hearing is offered at the Board's discretion. If a hearing is held, you will be responsible for presenting evidence before an Administrative Law Judge in support of your objection to license renewal. The Board's Licensing Division will present evidence in support of license renewal. The Licensee may also participate and present evidence if the licensee desires. The administrative law judge will consider all of the evidence, and issue an initial order for the Board's review. The Board members have final authority to renew the marijuana license and will enter a final order announcing their decision. For questions about this process, contact the WSLCB Licensing Division at (360) 664-1600 or email us at wslcb@liq.wa.gov. Sincerely, Rebecca Smith Rebecca Smith, Director, Licensing and Regulation Division LIQ 864 07/10 C092080-2 WASHINGTON STATE LIQUOR AND CANNABIS BOARD DATE : 06/06/2022 LICENSED ESTABLISHMENTS IN UNINCORPORATED AREAS COUNTY OF MASON (BY ZIP CODE) FOR EXPIRATION DATE OF 20221130 LICENSE LICENSEE BUSINESS NAME AND ADDRESS NUMBER PRIVILEGES 1 BOK CHOY LLC NORTH BAY MARIJUANA 413407 MARIJUANA RETAILER 211 E NORTH BAY RD MEDICAL MARIJUANA ENDORSEMENT ALLYN WA 98524 0000 2 . SEATTLE INCEPTIVE GROUP LLC SUSPENDED # 3 416868 MARIJUANA PROCESSOR 860 NE OLD BELFAIR HWY BELFAIR WA 98528 0000 3 . SEATTLE INCEPTIVE GROUP LLC SUSPENDED #2 415797 MARIJUANA PROCESSOR 860 NE OLD BELFAIR HWY BELFAIR WA 98528 0000 4 . SEATTLE INCEPTIVE GROUP LLC SUSPENDED BRANDS 412132 NON-RETAIL PRIVILEGES 860 NE OLD BELFAIR HWY MARIJUANA PROCESSOR BELFAIR WA 98528 0000 5 . ANON EXTRACTORS LLC ANON EXTRACTORS LLC 429749 MARIJUANA PRODUCER TIER 3 160 W WESTFIELD CT STE E MARIJUANA PROCESSOR SHELTON WA 98584 0000 6 . AMAZINGARDENS LLC THE DAB LAB 430394 NON-RETAIL PRIVILEGES 160 W WESTFIELD CT UNIT F MARIJUANA PROCESSOR SHELTON WA 98584 0000 7 . JJE AG, LLC PINNACLE NW 422257 NON-RETAIL PRIVILEGES 500 E EXPORT RD MARIJUANA PROCESSOR SHELTON WA 98584 4900 8 . BROWNE, NICHOLAS RYAN HIGHWATER FARMS 412223 NON-RETAIL PRIVILEGES 2400 W SKOKOMISH VALLEY RD MARIJUANA PROCESSOR SHELTON WA 98584 7402 C092080-2 WASHINGTON STATE LIQUOR AND CANNABIS BOARD DATE : 06/06/2022 LICENSED ESTABLISHMENTS IN UNINCORPORATED AREAS COUNTY OF MASON (BY ZIP CODE) FOR EXPIRATION DATE OF 20221130 LICENSE LICENSEE BUSINESS NAME AND ADDRESS NUMBER PRIVILEGES 9 AGROPACK, LLC JUICER EXTRACTIONS 412741 NON-RETAIL PRIVILEGES 391 E EXPORT RD MARIJUANA PROCESSOR SHELTON WA 98584 8559 Cc:CMMRS Neatherlin, Shutty, Trask Clerk RECERECEIVEDiJ�llYlrl4 \UV\,51�1�; �4 C oS Washington State jUN 09 2022 Liquor and Cannabis Board PO Box 43098 Olympia WA 98504-3098, (360) 664-1600 www.liq.wa.gov Fax #: (360) 753-2710 Masan County COMMissinners June 06, 2022 Dear Local Authority: RE: Liquor License Renewal Applications in Your Jurisdiction - Your Objection Opportunity Enclosed please find a list of liquor-licensed premises in your jurisdiction whose liquor licenses will expire in about 90 days. This is your opportunity to object to these license renewal requests as authorized by RCW 66.24.010 (8) . 1 ) Objection to License Renewal To object to a liquor license renewal: fax or mail a letter to the Washington State Liquor and Cannabis Board (WS-LCB) Licensing Division. This letter must: o Detail the reason(s) for your objection, including a statement of all the facts upon which your objection or objections are based. You may include attachments and supporting documents which contain or confirm the facts upon which your objections are based. o Please note that whether a hearing will be granted or not is within the Board's discretion per RCW 66.24.010 (8) (d) . Your letter or fax of objection must be received by the Board's Licensing Division at least 30 days prior to the license expiration date. If you need additional time you must request that in writing. Please be aware, however, that it is within the Board's discretion to grant or deny any requests for extension of time to submit objections. Your request for extension will be granted or denied in writing. If objections are not timely received, they will not be considered as part of the renewal process. A copy of your objection and any attachments and supporting materials will be made available to the licensee, therefore, it is the Local Authority's responsibility to redact any confidential or non-disclosable information (see RCW 42.56) prior to submission to the WSLCB. 2) Status of License While Objection Pending During the time an objection to a renewal is pending, the permanent liquor license is placed on hold. However, temporary licenses are regularly issued to the licensee until a final decision is made by the Board. 3) Procedure Following Licensing Division Receipt of Objection After we receive your objection, our licensing staff will prepare a report for review by the Licensing Director. The report will include your letter of objection, as well as any attachments and supporting documents you send. The Licensing Director will then decide to renew the liquor license, or to proceed with non-renewal. 4) Procedure if Board Does Not Renew License If the Board decides not to renew a license, we will notify the licensee in writing, stating the reason for this decision. The licensee also has the right to request a hearing to contest non-renewal of their liquor license. RCW 66.24.010 (8) (d) . If the licensee makes a timely request for a hearing, we will notify you. The Board's Licensing Division will be required to present evidence at the hearing before an administrative law judge to support the non-renewal recommendation. You may present evidence in support of your objection or objections. The administrative law judge will consider all of the evidence and issue an initial order for the Board's review. The Board members have final authority to renew the liquor license and will enter a final order announcing their decision. 5) Procedure if Board Renews License Over Your Objection If the Board decides to renew the license over your objection, you will be notified in writing. At that time, you may be given an opportunity to request a hearing. An opportunity for a hearing is offered at the Board's discretion. If a hearing is held, you will be responsible for presenting evidence before an Administrative Law Judge in support of your objection to license renewal. The Board's Licensing Division will present evidence in support of license renewal. The Licensee may also participate and present evidence if the licensee desires. The administrative law judge will consider all of the evidence, and issue an initial order for the Board's review. The Board members have final authority to renew the liquor license and will enter a final order announcing their decision. For questions about this process, contact the WSLCB Licensing Division at (360) 664-1600 or email us at wslcb@liq.wa.gov. Sincerely, Rebecca Smith Rebecca Smith, Director, Licensing and Regulation Division LIQ 864 07/10 C091080-2 WASHINGTON STATE LIQUOR AND CANNABIS BOARD DATE : 06/06/2022 LICENSED ESTABLISHMENTS IN UNINCORPORATED AREAS COUNTY OF MASON (BY ZIP CODE ) FOR EXPIRATION DATE OF 20220930 LICENSE LICENSEE BUSINESS NAME AND ADDRESS NUMBER PRIVILEGES 1 FAITH IN ACTION WEST SOUND THE HUB CENTER FOR SENIORS 421337 SENIOR CENTER III NE OLD BELFAIR HWY BELFAIR WA 98528 9634 2 . BALTHIS & BARCOM, A PARTNERSHI MATLOCK GENERAL STORE 351017 GROCERY STORE - BEER/WINE JAMES BALTHIS, LAURIE BALTHIS, W 17490 SHELTON MATLOCK RD RANDEL BARCOM, BETTY BARCOM MATLOCK WA 98560 0000 3 . SQUAXIN ISLAND TRIBE SQUAXIN MJ TRIBAL COMPACT-NATIVE SUN GROWN 420279 TRIBAL COMPACT 90 W ST HWY 108 SHELTON WA 98584 0000 Washington State Liquor and Cannabis Board PO Box 43098, Olympia WA 98504-3098, (360) 664-1600 MASON COUNTY COMMISSIONERS 411 N 5TH ST SHELTON , WA 98584 -3466 KLCF.IVMij ��eoK coa�aA JUN 07 2022 MASON COUNTY COMMISSIONERS Mason County 411 NORTH FIFTH STREET Commissioners SHELTON WA 98584 _- = Fax 360-427-8437, Voice 360-427-9670, Ext. 419;275-4467 or 482-5269 1854 1 AM SEEKING APPOINTMENT TO Area Agency on Aging Advisory Board NAME: Tamra A. Ingwaldson ADDRESS: PHONE: CITY/ZIP: VOTING PRECINCT: WORK PHONE: MAIL: (OR AREA IN THE COUNTY YOU LIVE) © ------------------------------------------------------------------------------------------- COMMUNITY SERVICE EMPLOYMENT: (IF RETIRED. PREVIOUS EXPERIENCE) VP Lake Limerick HOA MEMBERSHIPS) COMPANY: United Way of Kitsap County(2014-202fi YRS Past President Kiwanis Club of NM Outgoing VP Holly Ridge Center POSITION: Dir. Resource Dev. &VolunteerCenter 6aint Uavidof Wales Choir PCO-S. Limerick (D) COMPANY: United Way of Mason County(2011-201,fi YRS POSITION: Executive Dir. -------------------------------------------------------------------------------------------- In your words, what do you perceive is the role or purpose of the Board, Committee or Council for which you are applying: As an Advisory Board member, I would be part of team helping with oversight, policy discussions/decisions, advocacy awareness on behalf of our elderly neighbors and those who are home-bound. What interests, skills do you wish to offer the Board, Committee,or Council? I have experience with public outreach/speaking, and working with a diverse group of social service providers. I work to bring a holistic view when looking at advocating on fiscal issues/needs. Please list any financial, professional, or voluntary affiliations which may influence or affect your position on this Board: (i.e. create a potential conflict of interest) I do not believe any of my current volunteer activities would be a conflict. 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 x Monthly Weekly Daily Office Use Only Tamra A. Ingwaldson (it wouldn't let me paste sig-copy) 6-7-2022 Appointment Date Signature Date Term Expire Date Tamra Ingwaldson P. 0. Box 2395, Belfair/71 E. Cromarty Court, Shelton —tingwaldson23@gmail.com -260-265-1719 Brief Bio I believe a strong sense of community,of belonging, of connectedness is key to helping each of us feel safe in our homes and neighborhoods.It really does takes a village,the more we cocoon,the less resilient we will be when challenges arise. As a single-parent,I have strived to model servant-leadership, it's always a work in progress. I recently took a leap of faith and retired effective July 1,2021 to earn my BS in Business Management. I am currently a 60 year old college freshman and enrolled with WGU since September 2021. Currently volunteer activities are:LLCC HOA Board of Directors,VP-Holly Ridge Center Board of Directors, Saint David's Episcopal Church Stewardship Committee&Choir,Treasurer&Past-President Kiwanis Club of North Mason,and Precinct Committee Officer(PCO)Lake Limerick/South(D). Recent honors include:Kiwanis Club of NM Kiwanian of the Year/2020,NMHS Bulldog Pride-Parent of the Year/2011,Leadership Kitsap Alumni of the Year/2008, and YWCA of Kitsap County Woman of Achievement/2007. Single-parent of 2 girls since 1995.My oldest works as a Registered Behavior Technician,working 1:1 with young autistic children.My youngest is currently a Corrections Officer at Mission Creek since May of 2019 and will become a Thurston County Sheriff Deputy in January 2022. Work History Dir.of Resource Development&VolunteerKitsap 9/2014-7/2021 -United Way of Kitsap County,Bremerton WA. Manage workplace giving campaigns&special events.Marketing,outreach&awareness.Manage volunteer center. Managed Greater Olympic Peninsula Combined Federal Campaign(2014-2017). Executive Director, 12/2011-9/2014-United Way of Mason County, Shelton WA Managed(and sometimes executed)all aspects of the non-profit.Fundraising, community grants,outreach& awareness,marketing,social media,volunteer center in partnership with United Way of Kitsap County. Crime Victim Advocate,08/2009-11/2011 -Kitsap Sexual Assault Center,Port Orchard WA Advocate for victims of general crimes.Partnered with advocates to support their victims in court as needed. Outreach,awareness and advocacy. Worked with victims to connect to resources and gain their sense of empowerment back. Membership Services Dir.& Events Coordinator,01/2008-04/2009-HBA of Kitsap County,Bremerton WA Recruited members into the association,help them learn&take advantage of membership benefits.Managed the spring and fall home shows and other special events. Campaign Director,07/2002-12/2007-United Way of Kitsap County,Bremerton WA Managed workplace giving campaigns,new volunteer center,annual Day of Caring.Promote annual events such as the Letter Carriers'Food Drive. Marketing,outreach and awareness. Various Positions,01/1981-11/2007-PNB/US West/Qwest Various customer service positions. Last as a Project Manager,working with customers, internal&external on various service installations ranging from Frame Relays to Fiber Rings. 1 Cn CC:CMMRS Neatherlin, Shutty, Trask Clerk K 'coat' .'UN MASON COUNTY COMMISSIONERS Mason County 411 NORTH FIFTH STREET Commissioners SHELTON WA 98584 -- Fax 360-427-8437; Voice 360-427-9670, Ext. 419;275-4467 or 482-5269 1854 1 AM SEEKING APPOINTMENT TO Lodging Tax- L Tax NAME: Greg Oldham ADDRESS: PHONE: CITY/ZIP: VOTING PRECINCT: WORK PHONE: (OR AREA IN THE COUNTY YOU LIVE) E-MAIL: E) ------------------------------------------------------------------------------------------- COMMUNITY SERVICE EMPLOYMENT: (IF RETIRED. PREVIOUS EXPERIENCE) North Mason(Chamber of Comerce COMPANY: Hood Canal Vacation Rentals 10 YRS POSITION: Owner COMPANY: Skyline Properties YRS POSITION: Real Estate Broker -------------------------------------------------------------------------------------------- In your words, what do you perceive is the role or purpose of the Board, Committee or Council for which you are applying: To wisely and carefully spend lodging tax revenue to increase tourism in Mason County. What interests, skills do you wish to offer the Board, Committee,or Council? Planning and negotiating. 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) 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? 8 Quarterly Monthly Weekly Daly Office Use Only Greg Oldham 6/9/2022 Appointment Date Signature Date Term Expire Date Board of Mason County Commissioners x x Proceedings ` Commission Chambers u 411 N 5" St, Shelton, WA 98584 June 2, 2022 1. Call to Order—The Chairperson called the special meeting to order at 3:01 p.m. via WebEx. 2. Roll Call—Present: Present: Commissioner District 1 —Randy Neatherlin; Commissioner District 2—Kevin Shutty; Commissioner District 3 —Sharon Trask. 3. Discussion with Army Corps of Engineers and Skokomish Tribe regarding the Skokomish River restoration project. Ginny Dierich, Army Corps, pointed out the Corps of Engineers is having to fight for the funding of this project and a real estate plan with the execution strategy needs to be in place. Cmmr. Shutty stated Mason County understands the importance of moving this project forward. Loretta Swanson reported that the match is from the Flood Plains by Design which expires June 2023. She hopes to complete the acquisition by the end of the federal fiscal year (September 2022). There has been little progress made in the last six months due to personnel challenges. Mason County intends to contract for real estate acquisition services. Joseph Pavel stated they have worked with Forterra for real estate acquisition in the past and that could be a resource for the County. There are 121 individual transactions including purchases and easements for access. Discussion of the acquisition plan and the need for an actual execution of the plan. Ms. Dierich stated she is hearing the concern for having adequate resources;the Army Corps also needs to know the plan to handle the increased cost for the acquisitions and how the difficult transactions will be completed. This funding is $13.6M from 2019 and although there has been some progress, interim milestones have not been made. This funding could be lost and redirected to other projects. 4. Adjournment—The meeting adjourned at 3:50 p.m. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY, WASHINGTON Kevin Shutty, Chair McKenzie Smith, Clerk of the Board Randy Neatherlin, Commissioner Sharon Trask, Commissioner BOARD OF MASON COUNTY COMMISSIONERS'BRIEFING MINUTES Mason County Commission Chambers,411 North 5th Street,Shelton,WA Week of June 6,2022 Monday,June 6,2022 9:00 A.M. Pacific Mountain Workforce Development Council—William Westmoreland,CEO Commissioners Neatherlin, Shutty,and Trask were in attendance via Zoom. • William discussed upcoming changes and goals of PacMtn: shifting to a demand-driven system,focusing on the primary six sectors,providing more engagement and resources to workplaces,highlighting the Workforce Innovation and Opportunity Act(WIOA), reducing barriers and inefficiencies,focusing on outcomes as the top-line performance measure,removing duplicated services,encouraging education,and bringing more resources and support to Mason County. 9:30 A.M. Closed Session—RCW 42.30.140(4)Labor Negotiations Commissioners Neatherlin,Shutty,and Trask met in closed session for labor negotiations with Mark Neary,Nichole Wilston,Lindsay Smith,and Cabot Dow from 9:30 a.m.to 10:30 a.m. 10:30 A.M. Executive Session—RCW 42.30.110(1)(i)Litigation Commissioners Neatherlin, Shutty,and Trask met in executive session for litigation with Travis Adams,Mike Dorcy,Tim Whitehead,Mark Neary,Nichole Wilston,and Chuck Boyd from 10:30 a.m.to 11:00 a.m. 10:45 A.M. Support Services—Mark Neary Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom. • Diane Zoren requested to set a Public Hearing for Tuesday,July 29,2022 at 9:15 a.m.to consider the 2021 Open Space applications. Approved to move forward. • John Taylor shared a request from Bill Long for an off-leash dog park at Foothills Park and for support to apply for a$25k grant. The Friends of Lake Cushman Dog Park,a 5010,has raised$1 Ok. Supplies needed include 600'of chain-link fencing,two maintenance gates,and$20k. Approved to move forward. • Mark asked to schedule the Commissioner's Retreat for July 19,2022 from 10:00 a.m.to 3:00 p.m.to discuss priorities and projects for 2022 and beyond. Approved to move forward. • Diane gave a reminder that there are no Briefings on June 13 and June 20,2022 and there will not be a full quorum until July 11,2022. • Jennifer Beierle shared the draft 2023 budget guidelines and 2024 shadow budget. Small changes include better organization. The Congressional Budget Office is estimating slow growth of about 1.6%from 2023 to 2026 and recommends a conservative approach to the budget. Approved to move forward. • Jennifer discussed the update to the American Rescue Plan Act(ARPA)of 2021. The Treasury will send an email notification thirty(30)days prior to the County receiving the second round of funding. A link for ARPA funds and the funding request questionnaire was added to the County website. These requests are due back by June 30,2022. Under the interim final rule,each County is allowed to submit a blanket$10 million revenue loss. • Mark shared there has been a challenge retaining individuals within the Corrections department and potentially looking into a retention bonus for current Corrections Officers. For example,$5k for individuals three years and less and$1 Ok for over three years paid out over a one-year period. Approved to move forward. Page I 1 • Mark shared that two offers were received on the Johns Prairie parcel no.32007-13- 00050. Cmmr.Neatherlin recommended the realtor request the highest and best offers with a three-day window for the individuals to respond. • Cmmr. Shutty asked about finding an alternate space for the Humane Society to host their spay and neuter clinics. • Cmmr.Neatherlin discussed retired law enforcement providing protection at schools and the purchase of entry ballistic shields in the amount of$2-5k. • Cmmr.Neatherlin asked about the applications from Dale Edmunds for the Mason County Housing Authority and from Jeff Carey for the Planning Advisory Committee. 11:15 A.M. Sheriffs Office—Chief Hanson Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom. • Chief Hanson asked to install cuff ports in every inmate living unit to allow better flexibility to house inmates in other areas. Jennifer added that it would be possible to use ARPA funding for this. Approved to move forward. 11:30 A.M. Community Services—Dave Windom Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom. • Melissa Casey asked for approval for the Community Development Director,Dave Windom,to sign the letter of intent for WIC and Family Planning Clinics in the Shelton area. The letter is a placeholder for the application which is due later in June. There is no financial obligation at this time and the budget impact is unknown. Approved to move forward. • Mark discussed the News Release for the Mason County to seek applicants to fill two open positions on the Board of Health. The two open positions are in the category of "Consumers of Public Health". Approved to move forward. 11:45 A.M. Public Works—Loretta Swanson Utilities&Waste Management Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom. • Richard Dickinson discussed the grant that was received from the State in the amount of $550k for the Rustlewood Water System upgrades project. The Department of Commerce will retain 3%leaving the net grant amount to be$533,500. This project includes replacing and relocating a pressure valve,rewiring and replacing electrical components in the well house,and addressing water quality issues. Approved to move forward. • Richard discussed the grant that was received from the State in the amount of$500k for the Belfair Water Reclamation Facility debt relief project. The net grant amount is$485k. This will pay off two Department of Ecology loans—the loan for the Puget Sound Energy design and the loan for the Get Connected Program for design,engineering,permits,and construction—in the total amount of$241,116. The remaining balance of$283,084 for the Limited Tax General Obligation Bond(LTGO)that is currently paid using Real Estate Excise Tax(BEET)2 funds. • Mike Collins requested the sole-source procurement of a special made asphalt cutter"pizza cutter"for the John Deere excavators. Approved to move forward. • Loretta shared two"Adopt a Road"agreement and asked to allow the County Engineer to execute those agreements. Approved to move forward. • Richard discussed the bid opening results for the Belfair Water Reclamation Facility sewer extension project. The apparent low bidder is Pape and Sons Construction of Gig Harbor with a bid of$4,231,500. A total of five responsive bids were received. The Engineer's estimate was$3,920,000 with a range of$3,730,000 to$4,510,000. The loan from Commerce includes financial incentives if the project is completed one or two years prior to April 9,2025. The second lowest bid was nonconforming. Page 12 • Loretta shared that for the"Fill a Public Works Truck"event,Shelton received 589 pounds of food,six bags of toiletries,and$235 in cash. • Loretta met with TDJ CPA Firm to discuss contracting for services to assist Public Works. A scope of work is expected shortly. • Loretta shared that the Transportation Improvement Program Citizens Advisory Panel(TIP- CAP)was request to attend a town hall meeting in July to take additional comment on Agate Loop Road Lower Uncle Johns project. • Mike shared that Redside got the Upper Uncle Johns contract and would like to begin work on June 27,2022. Approved to move forward. • Cmmr. Shutty asked about the staffing issues at the Hoodsport transfer station and asked the updates on Facebook be sent out when possible. Respectfully submitted, McKenzie Smith,Clerk of the Board BOARD OF MASON COUNTY COMMISSIONERS Kevin Shutty Sharon Trask Randy Neatherlin Chair Commissioner Commission Page 13 r Board of Mason County Commissioners Proceedings Commission Chambers 411 N 5" St, Shelton, WA 98584 June 7, 2022 1. Call to Order—The Chairperson called the regular meeting to order at 9:00 a.m. 2. Pledge of Allegiance—James DeHart led the flag salute. 3. Roll Call—Present: Present: Commissioner District 1 —Randy Neatherlin;Commissioner District 2 —Kevin Shutty; Commissioner District 3—Sharon Trask. 4. Correspondence and Organizational Business 4.1 Correspondence 4.1.1 Washington State Liquor and Cannabis Board sent in the following: a liquor license application for Hood Canal Market Fresh,Home Meat Service,the Fjord Oyster Bank,and Salmon for Soldiers and a temporary discontinuation of cannabis license for M and R Distributing. 4.2 Cmmr.Neatherlin read the Mason County Board of Health News Release. 4.3 Cmmr. Shutty read the National LGBTQ+Pride Month Proclamation. 5. Open Forum for Citizen Input Bill Long, Secretary of Friends of Lake Cushman Dog Park,shared his appreciation for the Parks and Trails department—John Taylor,Carl"Bud"Olson,Diane Zoren,Anne Voice—and the Parks and Trails Advisory Board for their support in the development of the plans to locate an off-leash dog park at Foothills Park. The Friends of Lake Cushman Dog Park would like to help as possible. Billy Thomas,Marketing Director at Peninsula Credit Union,shared his support for the LGBTQ+Pride Month Proclamation and the community involvement around equity and inclusion that it accomplishes. June is Pride month throughout the world;pride festivals and parades celebrate the anniversary of the Stonewall riots and the recognition and inclusion of LGBTQ+people. Thanks to this declaration,Pride is celebrated here in Mason County. Pride is needed now more than ever to support LGBTQ+ community members. Leaders,allies,and role models are needed to offer safe spaces,to stand up for what's right,and to recognize the cultural contributions and acts of courage. Billy volunteers at the Shelton YMCA,Mason General Hospital foundation, Sound Learning,and is a proud member of the LGBTQ+community. Mason County provides a safe,healthy,and equitable space for him and his husband to live openly and authentically. Gina Finlay,Executive Director of Turning Pointe and board member of Big Brothers Big Sisters, shared that part of the beauty of Mason County is the diversity of thought,culture,and lifestyle. The LGBTQ+Pride Month Proclamation sets a tone of inclusiveness and true community. Violence knows no bounds and even in Turning Pointe's services,there has been a lack of awareness and outreach to the LGBTQ+community. Gina supports this proclamation to begin to heal the damaging results of discrimination and inequality which has no place in Mason County. Erin Williams,Human Resources Manager for Shelton School District,shared that the Shelton School District is focused on supporting the civil rights of students and staff. This proclamation helps the district in creating a safe and welcoming environment so that students know the greater community supports diversity and inclusiveness. Acts of prejudice,harassment,and bias in the schools continue to be addressed and the non-discrimination rules followed. The equity statements support and calls for inclusive practices and a welcoming environment for all students,families,and staff regardless of background,religion,or gender. There is a positive,respectful culture in schools and there has been an increase to time and attention to support academic,social,and emotional learning. Greg Sypnicki asked the Commission to discuss at the next Briefing,how the Belfair Sewer extension is actually going to be paid for. At the last public meeting for the Belfair Sewer,it was said that this is the beginning of the decision making and that it was unsure whether any cost will be covered by American Rescue Plan Act(ARPA)funding, other assistant funding,or if it will be entirely covered by the loan. Kyle Cronk,Chief Executive Officer of South Sound YMCA,applauded the Commission for the LGBTQ+proclamation. This is an opportunity for Mason County to bring greater awareness to all collective diversity which makes the community stronger. The more diversity,the better. Everyone deserves the right to be seen,heard,valued,welcomed, included,and loved. Kyle is excited for what this proclamation says to young people. Every day the YMCA has between 50 and 75 kids. Our young people have a great amount of diversity and some are struggling with how they show up in the world and whether or not they can show up as their authentic self. This proclamation says you can be who you are Tamra Ingwaldson shared her story of being a single parent and teaching her daughters that people are people, love is love,and how she gave them a strong foundation for working with others. As a member of EAGLE(Employee Association of Gays and Lesbians)she and her daughters participated in parades, human rights council meetings,and events. The more we can help our youth grow up to treat each other with kindness and respect,the better we all will be. Daryl McVae,Peninsula Credit Union,shared that he has a personal relationship with the LGBTQ+ community and was brought up to love and respect everyone regardless of where they came from or who they are. This is missed,for the most part,by people who write the legislation on separation of people who are all one race—the human race. This proclamation is a forward step in the recognition and show respect and love for all members of our community. At the YMCA,there is a diverse community of personality and lifestyles that are very well respected and accepted. Susan Kirchoff,Executive Director of The Youth Connection,wrote in her support of the declaration to acknowledge and support all young people in the community. It is important that Mason County as a whole,as well as the Commissioners,support and work to inspire equity,create alliances,celebrate diversity,and establish safe environments in schools and communities throughout the County. This is implemented and embodied at The Youth Connection. Jim Morrell,President/Chief Executive Officer of Peninsula Credit Union,expressed his gratitude and support as a community leader who is a member of the community recognized in this declaration for the LGBTQ+Pride Month Proclamation. For many in the community, sharing who you are is scary and something many feel would bring more harm than good. Unfortunately,there is messaging viewed today in this community that degrades LGBTQ+individuals. Commitment to unequivocally support the rights and equal treatment for LGBTQ+people demonstrates a positive,caring,vision for our County. A community that accepts diversity. A County that includes all members of our community. A County that knows that diversity is real and inclusion is necessary. Unequal treatment of LGBTQ+people,not only causes personal harm,it also causes economic harm. Inclusive policies can boost productivity for businesses and the community and sends a message that we should care for all people in this County. Jill McKnight,from Locate Speaking and Coaching,wrote in her support for the"rights,freedoms,and equal treatment of LGBTQ+people. As a small town,all are made better by wholeheartedly accepting every person as an important,valuable member of our community. Support significantly improves the quality of life in Mason County. This is particularly important for young people,many of whom are often the most vulnerable in society. The rates of suicide amongst LGBTQ+youth are significantly higher in rural locations. Understanding that they matter and will be accepted,no matter their sexual orientation and gender identity,encourages strong development and growth ultimately leading to 2 June 7 , 2022 Commission Minutes positive community involvement. This proclamation leads the way for other organizations to follow suit and provide real change in our community. 6. Adoption of Agenda Cmmr.Neatherlin/Trask moved and seconded to adopt the agenda as published. Motion carried unanimously. N-aye; S-aye; T-aye. 7. Approval of Minutes Cmmr.Trask/Neatherlin moved and seconded to adopt the May 23,2022 Briefing Minutes and May 10,2022 and May 24,2022 Regular Meeting Minutes as presented. Motion carried unanimously. N- aye; S-aye;T-aye. 8. Approval of Action Agenda 8.1 Approval of Warrants&Treasurer Electronic Remittances Claims Clearing Fund Warrant#8088150-8088406 $ 1,177,060.60 Direct Deposit Fund Warrant#87236-87635 $ 798,267.54 Salary Clearing Fund Warrant#7006664-7006688 $ 528,965.12 Treasurer Electronic Remittances $ 1,558,207.10 8.2 Approval of the 2021 Oath of Inventory pursuant to RCW 36.32.210 and Mason County Code Chapter 3.56. 8.3 Approval of the Resolution establishing the Mason County computer replacement policy and procedures in Title 2 of the Mason County Code. (Exhibit A,Resolution No.2022-038) 8.4 Approval for the County Administrator to sign the contracts with both The Arc of the Peninsulas and Mason County Housing Authority. 8.5 Approval for the Chair to execute a County Road Administration Board(CRAB)Rural Arterial Program(RAP)Contract for Shelton Valley Road—Winter Creek(CRAB Project No.2322-01. 8.6 Approval of the Resolution for County Road Project(CRP)No.2041 for Mason Lake Road Improvement Project 2 and to authorize the Chair to sign all pertinent documents and for Public Works to advertise,set the bid opening date and time,and award the contract. (Exhibit B,Resolution No.2022-039) 8.7 Approval for the Community Services Director to sign and submit a Letter of Intent to partner with Mason Health to explore the possibility of bringing WIC and Family Planning Clinics back to south Mason County. 8.8 Approval to set a Public Hearing on Tuesday,June 21, 2022 at 9:15 a.m. to consider the sale of real property located on Johns Prairie,parcel no. 32007-13-00050. 8.9 Approval of County road closure on E Agate Loop Road from June 27, 2022 to July 25, 2022 at approximately milepost 1.0120 to milepost 1.140 for Uncle Johns Creek upper culvert replacement project. Cmmr.Neatherlin/Trask moved and seconded to approve action items 8.1 through 8.9. Motion carried unanimously. N-aye; S-aye; T-aye. 9. Other Business(Department Heads and Elected Officials) No other business. 10. 9:15 a.m.Public Hearings and Items Set for a Certain Time Please see above options to provide public testimony. These options are available only while COVID-19 OPMA meeting restrictions are in place. 10.1 Public Hearing to amend the 2022 Annual Construction Program. Staff:Mike Collins(Exhibit C, Resolution No.2022-040) 31June 7 , 2022 Commission Minutes Mike Collins shared that the Federal Surface Transportation Program(STP)released$50 million to the State of Washington and encouraged agencies to apply for additional projects. To utilize this fund,a project has to be added to the Annual Construction Program and Six-Year Transportation Improvement Program(TIP). The project selected is on Mason Lake Road and is an extension of an existing STP project. This would be from milepost 5.23 to milepost 10.13 to pave and widen the shoulders. Cmmr.Trask/Neatherlin moved and seconded to amend the 2022 Annual Construction Program. Motion carried unanimously. N-aye; S-aye;T-aye. 10.2 Public Hearing to amend the 2022-2027 Six-Year Transportation Improvement Program(TIP). Staff.Mike Collins(Exhibit D,Resolution No.2022-041) Mike Collins shared that the Federal Surface Transportation Program added monies and has challenged local agencies to utilize that fund. Both the Annual Construction Program and Six-Year Modify Six-Year TIP to add Mason Lake from milepost 5.23 to milepost 10.13 as a future project for the STP program. Cmmr.Neatherlin/Trask moved and seconded to amend the 2022-2027 Six-Year Transportation Improvement Program(TIP). Motion carried unanimously. N-aye; S-aye;T- aye. 10.3 Public Hearing to approve the budget supplemental appropriations and amendments to the 2022 budget. Total adjustments to authorized expenditure appropriations in the General Fund for $395,719. Total adjustments to authorized expenditure appropriations in funds other than the General Fund$4,673,822. Staff.Jennifer Beierle Jennifer Beierle shared a request for 2022 budget supplemental appropriations and amendments. Total adjustments to authorized expenditure appropriations in the General Fund for$395,719. Total adjustments to authorized expenditure appropriations in funds other than the General Fund $4,673,822. Changes include:a revenue increase in All Funds of$1,300,299 to various funds and a expenditures decrease of$1,605,627 for beginning fund balances moved to actual cash balances;revenue and expenditure increase of$18,600 for Washington State University(WSU)for the Department of Agriculture grant extension and new Interlocal Agreement to fund extra help and motor pool; expenditure increase of$3,922 for WSU purchase of vehicle no. 188 noxious weed use;revenue increase of$3,922 for Equipment Rental&Revolving(ER&R)sale of vehicle no. 188 to WSU; expenditure increase of$57,930 for Community Development for Urban Growth Area(UGA) Environmental Impact Statement(EIS)and unexpended amount from 2021 moved to 2022;revenue and expenditure increase of$50,000 for Community Development for Department of Ecology Shoreline Digital Users Guide grant;expenditure increase of$123,930 for Parks&Trails for Parks Plan contract($86,430)and moving an employee from Real Estate Excise Tax(BEET)2 to Parks& Trails($37,500);expenditure increase of$57,778 for Department of Emergency Manage(DEM)and Parks&Trails for reallocating the DEM/Parks/Information Technology(IT)to DEM and Parks only and lead pay for DEM employee and Parks employee;expenditure decrease of$44,431 for IT for reallocating DEM/Parks/IT manager to DEM and Parks only;expenditure increase of$109,859 for Sheriff's Office to add one full-time-employee(FTE)in the North Precinct($53k)and ammunition and less than lethal equipment purchase($56,859);expenditure decrease of$58,000 for Auditor, Board of Equalization,Clerk,WSU,Coroner,Community Development,District Court,Facilities, and Sheriffs Office to reduce department budgets by a total of$82,000 for IT computer replacement; revenue increase of$11,880 and expenditure increase of$4,500 for Prosecutor and Public Defense 4 June 7 , 2022 Commission Minutes for a transfer from Mental Health for new Therapeutic Court;expenditure increase of$11,880 for Mental Health Tax for new Therapeutic Court;expenditure increase of$27,200 for Superior Court for increased Court Commissioner,bailiff, interpreter,and witness fees;revenue and expenditure increase of$5.8 million for Community Services for new Eviction Rent Assistance Program contract; revenue and expenditure increase of$450,000 for Community Health for Law Enforcement Assisted Diversion(LEAD)grant($350k)and COVID test kits grant($100k);expenditure decrease of $234,409 for County Road for a correction to move excavator no.620 purchased by ER&R for Solid Waste that was put in Road Rates by error;expenditure increase of$234,409 for Solid Waste for aforementioned excavator correction;expenditure decrease of$10,137 for Solid Waste for a correction to move vehicle no. 125 from Solid Waste to Utilities ER&R Rates;expenditure increase of$10,137 for aforementioned vehicle correction for North Bay($5,575),Rustlewood($1,724), Beards Cove($710),and Belfair Sewer($2,128);revenue increase of$62,000 for Rustlewood for transfer in from Real Estate Excise Tax(REET)2 for Limited Tax General Obligation(LTGO)bond principle and interest; expenditure increase of$62,000 for REET2 for transfer out to Rustlewood for LTGO bond principle and interest. 2022 Revenue Change 2022 Expenditure Change General Fund Total $ 80,480 $395,719 Other Funds Total $7,616,221 $4,673,822 All Funds Grand Total $7,696,701 $5,069,541 Cmmr.Trask/Neatherlin moved and seconded to approve the budget supplemental appropriations and amendments to the 2022 budget. Total adjustments to authorized expenditure appropriations in the General Fund for$395,719. Total adjustments to authorized expenditure appropriations in funds other than the General Fund$4,673,822. N-aye; S-aye;T- aye. 11. Board's Calendar and Reports—The Commissioners reported on meetings attended the past week and announced their upcoming weekly meetings. 12. Adjournment—The meeting adjourned at 9:52 a.m. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY, WASHINGTON McKenzie Smith, Clerk of the Board Kevin Shutty,Chair Sharon Trask,Vice-Chair Randy Neatherlin, Commissioner 51June 7 , 2022 Commission Minutes MASON COUNTY AGENDA ITEM SUMMARY FORM To: Board of Mason County Commissioners From: Cassidy Perkins Action Agenda: _x_ Public Hearing: Other: Department: Support Services Ext: 419 Date: June 21, 2022 Agenda Item # ge 1 Commissioner staff to complete) Briefing Date: Briefing Presented By: [ x ] Item was not previously briefed with the Board Please provide an explanation of urgency Item: Approval of Warrants & Electronic Remittances Claims Clearing Fund Warrant# 8088407-8088477 $ 1,977,942.72 Direct Deposit Fund Warrant# 87636-88042 $ 804,521.80 Salary Clearing Fund Warrant# 7006689-7006723 $ 1,053,430.86 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 $ 18,013,270.75 Direct Deposit YTD Total $ 8,743,443.89 Salary Clearing YTD Total $ 9,011,791.68 Approval of Treasure Electronic Remittances YTD Total $ 6,716,673.40 Recommended Action: Approval to: Move to approve the following warrants Claims Clearing Fund Warrant# 8088407-8088477 $ 1,977,942.72 Direct Deposit Fund Warrant# 87636-88042 $ 804,521.80 Salary Clearing Fund Warrant# 7006689-7006723 $ 1,053,430.86 Treasure Electronic Remittance $ Attachment(s): Originals on file with Auditor/Financial Services (copies on file with the Clerk of Board) MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Diane Zoren Action Agenda x Public Hearing Other DEPARTMENT: Support Services EXT: 747 DATE: June 21, 2022 Agenda Item #8o Commissioner staff to complete) BRIEFING DATE: June 6, 2022 BRIEFING PRESENTED BY: Diane Zoren [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval to set a public hearing on Tuesday, July 19, 2022 at 9:15 a.m. to consider the 2021 Open Space applications. Background: The Open Space Taxation Act, enacted in 1970, allows property owners to have their open space, farm and agricultural, and timberlands valued at their current use rather than their highest and best use. RCW 84.34 governs this Act. Mason County has received six applications for the Current Use program. RECOMMENDED ACTION: Approval to set a public hearing on Tuesday, July 19, 2022 at 9:15 a.m. to consider the 2021 Open Space applications. Attachment: Spreadsheet with application info and Assessor recommendations NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold a public hearing in Mason County Building I, Commission Chambers, 411 North Fifth Street, Shelton, WA 98584 on Tuesday, July 19, 2022 at 9:15 a.m. SAID HEARING will be to consider the 2021 Open Space Applications. Public testimony will be available in-person or via Zoom. The URL is available on the County website https://www.masoncountywa.gov/ to sign into the meeting. Please use the "raise hand" feature to be recognized by the Chair to provide your testimony. You can also email testimony to msmith(c masoncountywa.gov or mail to the Commissioners' Office, 411 N 5th St, Shelton, WA 98584; or call (360) 427-9670 ext. 230. If there are questions or if special accommodations are needed, contact the Commissioners' office, 427-9670, Ext. 419. DATED this 21st day of June, 2022. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON McKenzie Smith, Clerk of the Board c: Journal- Publ 1 t: 6/30/22 (Bill: Commissioners,411 North 5th, Shelton, WA 98584) J:\CURRENT USE\2021\Hearing notice for Open Space hrg on July 19.doc MASON COUNTY AGENDA ITEM SUMMARY FORM To: Board of Mason County Commissioners From: Jennifer Beierle Action Agenda: _X_ Public Hearing: Other: Department: Support Services Ext: Date: June 21, 2022 Agenda Item #F13 Commissioner staff to complete) Briefing Date: June 6, 2022 Briefing Presented By: Jennifer Beierle [ ] Item was not previously briefed with the Board Please provide an explanation of urgency Item American Rescue Plan Act (ARPA) of 2021 review Background: On March 11, 2021, President Biden signed the American Rescue Plan Act of 2021 (HR 1319). The $1.9 trillion package, based on President Biden's American Rescue Plan, is intended to combat the COVID-19 pandemic, including the public health and economic impacts. As a result of the passage of this plan Mason County will receive $12,949,242 in grant funding. The county has completed the Government Application process and received the first tranche of funding of $6,484,451 on 6/25/21. The second tranche will be made no earlier than 12 months after the first. Budget Impact(s): None Recommended Action: Sign contract for PUD #3 Substation Attachment(s): Contract for PUB #3 ARPA Spreadsheet —Support 6.21.2022 AMERICAN RESCUE PLAN ACT of 2021 AGREEMENT Between MASON COUNTY And Mason County Public Utility District No,3 This American Rescue Plan Act("ARPA")recipient Agreement("Agreement") is dated as of the day of , 2022, by and between Mason County, a Washington political subdivision("County"),and Mason County Public Utility District No,3 ("PUD 3"),a Washington state public utility("Recipient"). WHEREAS, The U.S. Treasury has allocated to Mason County federal stimulus funding, CFDA Number 21.027 under an amended Title VI of the Social Security Act to add section 602 and 603, Subtitle M, Section 9901 of the Act, referred to in the Act as Coronavirus State and Local Fiscal Recovery Fund("CSLFRF") for the limited purposes identified in the Interim Final Rule between U. S. Treasury and Mason County,identified as the Interim Final Rule("IFR')or 31 CFR Part 35 RIN 1505-AC77 WHEREAS,ARPA authorizes the County to offer funding from receipted ARPA funds for certain costs for projects in response to the COVID-19 public health emergency during the period of March 3,2021,obligated by December 31,2024 and expended by December 31,2026,which may include expenditures incurred to respond directly to the emergency as well as expenditures incurred to respond to second-order effects of the emergency, such as providing economic support to those suffering from employment or business interruptions due to COVID-19, related business closures, investments to improve water, sewer and broadband infrastructure and support public health response. WHEREAS,the County desires to allocate portions of the ARPA Funds to Mason County PUD 3 for the purpose of contributing towards the install of Belfair Electrical Substation. WHEREAS,the County and Recipient desire to enter into this Agreement so that the County may grant ARPA Funds for appropriate and qualifying projects to the Recipient by the County for provision of contributing towards the install of an electrical substation. NOW, THEREFORE, in consideration of the foregoing recitals which are incorporated herein by reference, and the terms and conditions set forth below,the parties agree as follows: 1. Effective Date and Term. This Agreement shall commence when last executed by all parties and remain in effect until June 30,2024,unless terminated by the County in writing. 2. Recipient's Use of ARPA Funds.The Recipient shall ensure that the ARPA Funds requests are necessary and eligible Reimbursements under one of the following cost categories: a) Response to mitigate the public health emergency with respect to the COVID-19 emergency or its negative impacts, b) Provide Government services to the extent of the 1 ARPA Recipient Agreement reduction in revenue, c)respond to workers performing essential work, d)make necessary investments in water, sewer or broadband infrastructure. 3. Ineligible Costs. Non-allowable costs include, without limitation, the following: a) expenses for the state share of Medicaid; b) damages covered by insurance; c) payroll or benefits expenses for employees whose work duties are not substantially dedicated to mitigating or responding to the COVID-19 public health emergency; d)expenses that have been or will be reimbursed under any federal program, such as the reimbursement by the federal government pursuant to the ARPA Act of contributions by states to state unemployment funds; e) reimbursement to donors for donated items or services; 0 workforce bonuses other than hazard pay or overtime; g) severance pay; and h) legal settlements. 4. COVID-19 Reimbursement Request Support. To facilitate the County's granting of ARPA funding under the IFR,the Recipient will submit an A-19 equivalent report to the County, on or before June 30,2024,detailing the improvement of the Belfair Electrical Substation. Such schedule may be modified with the prior approval of the County. Failure to provide any of the required documentation may result in termination of the Agreement and no granting of funds paid to the Recipient by the County. 5. ARPA Funds. The County agrees to grant the Recipient project costs not to exceed $1,500,000 by July 31,2024 provided that the COVID-19 Reimbursement request support is received as stated in Section 4 of this Agreement. The County will not provide the funds up front to the Recipient upon Execution of this Agreement. 6. Termination.The County may terminate this Agreement,for convenience or otherwise and for no consideration or damages, upon prior notice to the Recipient. 7. Independent Contractor. Each party under the Agreement shall be for all purposes an independent Contractor.Nothing contained herein will be deemed to create an association, a partnership, a joint venture, or a relationship of principal and agent, or employer and employee between the parties. The Recipient shall not be, or be deemed to be, or act or purport to act, as an employee, agent, or representative of the County for any purpose. 8. Indemnification. The Recipient agrees to defend, indemnify and hold the County, its officers, officials,employees, agents and volunteers harmless from and against any and all claims, injuries, damages, losses or expenses including without limitation personal injury, bodily injury, sickness, disease, or death, or damage to or destruction of property, which are alleged or proven to be caused in whole or in part by an act or omission of the Recipient, its officers, directors, employees, and/or agents relating to the Recipients' performance or failure to perform under this Agreement. The section shall survive the expiration or termination of this Agreement. 9. Compliance with Laws. Guidelines. The Recipient shall comply with all federal, state, and local laws and all requirements (including certifications and audits) of the IGA and Program Guidelines,to the extent applicable, when seeking Reimbursement. 2 ARPA Recipient Agreement 10. Maintenance and Audit of Records. The Recipient shall maintain records, books, documents, and other materials relevant to its performance under this Agreement. These records shall be subject to inspection, review and audit by the County or its designee, the Washington State Auditor's Office and as required by the IGA and Program Guidelines for five(5)years following termination of this Agreement.If it is determined during the course of the audit that the Recipient was reimbursed for unallowable costs under this Agreement or any, the Recipient agrees to promptly reimburse the County for such payments upon request. 11. Notices. Any notice desired or required to be given hereunder shall be in writing, and shall be deemed received three (3) days after deposit with the U.S. Postal Service, postage fully prepaid, certified mail, return receipt requested, and addressed to the party to which it is intended at its last known address, or to such other person or address as either parry shall designate to the other from time to time in writing forwarded in like manner: Recipient Mason County Public Utility District No. 3 Attn: Annette Creekpaum PO Box 2148 Shelton, WA 98584 Mason County Attn: Jennifer Beierle 411 N Fifth St Shelton, WA 98584 12. Improper Influence. Each party warrants that it did not and will not employ, retain, or contract with any person or entity on a contingent compensation basis for the purpose of seeking,obtaining,maintaining,or extending this Agreement. Each party agrees,warrants, and represents that no gratuity whatsoever has been or will be offered or conferred with a view towards obtaining, maintaining, or extending this Agreement. 13. Conflict of Interest. The elected and appointed officials and employees of the parties shall not have any personal interest, direct or indirect, which gives rise to a conflict of interest. 14. Time.Time is of the essence in this Agreement. 15. Survival. The provisions of this Agreement that by their sense and purpose should survive expiration or termination of the Agreement shall so survive. Those provisions include without limitation Indemnification and Maintenance and Audit of Records. 16. Amendment. No amendment or modification to the Agreement will be effective without the prior written consent of the authorized representatives of the parties. 3 ARPA Recipient Agreement 17. Governing Law,Venue. The Agreement will be governed in all respects by the laws of the Washington State,both as to interpretation and performance,without regard to conflicts of law or choice of law provisions. Any action arising out of or in connection with the Agreement may be instituted and maintained only in a court of competent jurisdiction in Mason County, Washington or as provided by RCW 36.01.050. 17. Non-Waiver. No failure on the part of the County to exercise, and no delay in exercising, any right hereunder shall operate as a wavier thereof;nor shall any single or partial exercise by the County of any right hereunder preclude any other or further exercise thereof or the exercise of any other right.The remedies herein provided are cumulative and not exclusive of any remedy available to the County at law or in equity. 18. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors. 19. Assi lent. The Recipient shall not assign or transfer any of its interests in or obligations under this Agreement without the prior written consent of the County. 20. Entire Agreement. This Agreement constitutes the entire agreement between the County and the Recipient for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the parties with respect to this Agreement. 21. No Third Party Beneficiaries. Nothing herein shall or be deemed to create or confer any right, action,or benefit in,to,or on the part of any person or entity that is not a party to this Agreement. This provision shall not limit any obligation which either Party has to the Washington State Department of Commerce in connection with the use of ARPA funds, including the obligations to provide access to records and cooperate with audits as provided in this Agreement. 22. Severability. In the event that one or more provisions of this Agreement shall be determined to be invalid by any court of competent jurisdiction or agency having jurisdiction thereof,the remainder of the Agreement shall remain in full force and effect and the invalid provisions shall be deemed deleted. 23. Counterparts. This Agreement may be executed in one or more counterparts,any of which shall be deemed an original but all of which together shall constitute one and the same instrument. 24. Authorization. Each party signing below warrants to the other party,that they have the full power and authority to execute this Agreement on behalf of the party for whom they sign. 4 ARPA Recipient Agreement IN WITNESS WHEREOF, this Agreement is executed and shall become effective as of the last date signed below. DATED this_19_day of May ,2022. RECIPIENT,Public Utility District No.3 of Mason County AfinoHe Q=4vaum By: Annette Creekpaum(May19,20221332Pn Print Name: Annette Creek aura Its: Manager DATED this_19_day of May ,2022. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON Kevin Shutty, Chair Sharon Trask, Commissioner ATTEST: Randy Neatherlin, Commissioner McKenzie Smith, Clerk of the Board PROVED TO FORM: im Whi e if DPA 5 ARPA Recipient Agreement ATTACHMENT A SCOPE OF WORK The Board of Commissioners is directing up to $1,500,000 to Mason County Public Utility District No, 3 ("PUD 3") using federal ARPA funding for the purpose of contributing towards installing the Belfair Electrical Substation. These funds must be fully distributed by PUD#3 by June 30, 2024. The intent of this grant is to provide funds to contribute towards install of an electrical substation. PUD 3 will be responsible for overseeing and installing the Belfair Electrical Substation 1. Program Funding and Award Amount Mason County shall make $1,500,000 of ARPA funds available that will be reimbursed to PUD 3 by the County following receipt of COVID-19 Reimbursement request support as stated in Sections 4 and 5 of this Agreement. All funds are to be disbursed by the Recipient no later than June 30, 2024. 2. Application,Review and Distribution Process: A-19 Submission,PUD 3 will submit an A-19 equivalent report to the County, on or before June 30, 2024, detailing the Belfair Electrical Substation project costs. 3. Reporting PUD 3 shall submit a final report on costs detailed, and provide an A-19 equivalent report and signed certification detailing funds disbursed for the project to include a description of the work, payment amounts, and dates of payments. PUD 3 shall maintain all documentation regarding the disbursement of grant funds under this program through the contract period and will provide those materials to Mason County electronically for future audit or other use. 6 ARPA Recipient Agreement ATTACHMENT B COMPENSATION In order to maximize the amount of ARPA funds available to construct a Belfair Electrical Substation, PUD 3 has agreed to waive any compensation under this agreement to cover its administrative costs. 7 ARPA Recipient Agreement Mason County ARPA Prioritization List of Projects Review 6/6/2022 Balance Obligated by Remaining of ARPA Category Mason County Project Name District Confirmed Requests BOCC Approved Contract Expended Approved Amt A Support Public Health Response/Negative Economic Impacts PUD 1 Customer Arrearages due to COVID 2 125,000 125,000 125,000 12,734 112,266 Reallocate from PUD Arrearages to HCC Eldon Fiber Buildout 2 (100,000) (100,000) (100,000) (100,000) HCC Customer Arrearages due to COVID 2 110,000 110,000 110,000 22,445 87,555 Mason County Treasurer Property Tax Reim-individual households All 125,000 125,000 125,000 89,203 35,797 Mason County Treasurer Property Tax Reim-small businesses All 75,000 75,000 75,000 24,635 50,365 EDC Small Business Grants All 500,000 500,000 500,000 500,000 Crossroads Housingfor Assistance to Homeless Veterans All 10,000 10,000 10,000 1,148 8,852 Mason County Housing Authority Rent Arrearages 2/11/2z Frank vote. 123,545 100,000 100,000 100,000 The Arc of the Peninsulas AllAll x/s/zo2z mrlsnbb, 35,000 35,000 35,000 35,000 Camp Sluys youth Camp All 5/20/2022 30,000 A Support Public Health Response/Negative Economic Impacts Subtotal 1,033,545 980,000 980,000 650,165 329,835 B Premium pay for Essential Workers Signing Bonus for Corrections Deputies-u to$30ka roved All 74266 30,000 In Hays. 30,000 B Premium a for Essential Workers Subtotal 74,266 30,000 30,000 C Replace Public Sector Revenue Loss Up for government services up to$10 Million MCSO Body Cameras All 702,364 702,364 In H-e 702,364 - MCSO Body Camera install All 40,000 40,000 In xaoe 25,790 14,211 PUD 3 Belfair Substation 1 1,500,000 1,500,000 1,500,000 Public Records Software GovO,A All 2/15/2022 wane 22,700 22,700 In Hoaee 17,783 4,917 DCD Records Archival Image All 2/11122 Kell 500,000 Prosecutors Office 2nd floor expansion(Originally 700,000) All 2/2e/2022 Kelly 75,000 75,000 1.11-- 38,424 36,576 MCSO 2nd floor expansion All 2/111/20o Hwko Kelly F 800,000 Ballot sorter machine B of A Bldg AAll N 1,200,000 - sOooeJailElevatorandDoors Kz1'F 80,000 80,000 Ie HOIae 61,218 C Replace Public Sector Revenue Loss Subtotal 4,920,064 2,340,064 784,361 1,555 703 D Water,Sewer,and Broadband Infrastructure PUD 1 Agate Beach Water System Mainline 3 spee-1 to 2023 559,000 559,000 559,000 559,000 PUD 1 Vuecrest Storage Upgrade 2 158,284 158,284 158,284 132,548 25,736 CEDS Belfair Water New Well for Commercial Core UGA 1 450,000 450,000 450,000 450,000 HCC Colony Surf Fiber Bulldout 2 313,556 313,556 313,556 313,556 HCC Eldon Fiber Buildout 2 501,932 501,932 501,932 100,000 401,932 Reallocate from PUD R1 Customer Arrearages to HCC Eldon Fiber Buildout 100,000 100,000 100,000 100,000 Mason County IT Infrastructure Backbone/Storage upgrade All 136,261 136,098 I.Home 136,098 PW Rustlewood Water Well&Reservoir Electrical Control System 1 2/17/22 Fuch.,d o yes 200,000 200,000 In Haase 200,000 PW Beards Cove AC Mainline Replacement 1 2/17/22 Rl,",d o Yee 100,000 100,000 I.Horse 100,000 PW Belfair PS#1 Improvement Project 1 2/17122 Richard o Yes 150,000 150,000 In Hwee 150,000 PW Belfair PS g3 Improvement Project 1 2/17/22akhe,d- 180,000 180,000 le Horse 180,000 PW Lakeland Pump Station 1 2/17/22 Kkhard o Y. 42,000 42,000 In Horse 42,000 City of Shelton-Water line from 101 to Prison 2 2/23/22 Eoc Yes 1,000,000 Belfair Water Backup Generators 1 2/23/220.1ewebb Yn 197,000 City of Shelton-Sewer line extension from High School to Basin 3 2/23/22 EX Yes 2,500,000 City of Shelton-Wallace Kneeland Substation 3 2123A2 Eoc Yes 3,200,000 PUD 3 Rural Broadband Cloquallum Community 2 Hdd-biark2/10/22 500,000 - City of Shelton Gateway 3 Merk(CHr)2/10/22 250,000 PW 70 Grinder Pumps All 2/23/22 Richard Yes 151,273 151,273 mHwsa 151,273 Mason County Courts Building 10 AR ree 2/1o/zz 750,000 - Port Of Allyn Water Company 1 Yes O/8/2022 h1arkN 100,000 D Water,Sewer,and Broadband Infrastructure Subtotal 11,539,306 3,042143 2,082 772 468,646 2,573,497 E Administration Washington State Association of Counties 2022 Dues All 4,000 4,000 4,000 - Temp County Staff to address COVID All 250,000 92,078 157,922 14,796 77,282 E Administration Subtotal 254,000 96,078 157,922 18796 77,282 Grand Total 17,821191 6,498,285 3,220,694 1921967 1 4,566 317 Total APRA Funds Available 12,949,242 Total ARPA Funds Received in 2021-First Round 6,484,4S1 Total ARPA Funds Expected in 2022-Second Round 6,494,451 Total ARPA Funds Available for BOCC Approval in 2021&2022 6,224,506 Approved by BOCC during Board Briefings-w/b on upcoming Action Agendas-Included in BOCC Approved Amts 256,273 Completed projects with unexpeneded ARPA funds returned 163 Total ARPA Funds Available for BOCC Approval in 2021 (259,944) MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Jennifer Beierle Action Agenda _X_ Public Hearing Other DEPARTMENT: Support Services EXT: 532 DATE: ]une 21, 2022 Agenda Item # HN4 Commissioner staff to complete) BRIEFING DATE: ]une 6, 2022 BRIEFING PRESENTED BY: 3ennifer Beierle [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency Item: Mason County 2023 and 2024 Preliminary Budget Preparation Guidelines Background: The call for budgets goes out to departments by the second Monday in July, per RCW 36.40.010. The Board typically sends out budget instructions on or before the date the Auditor sends out the call for budgets. The Congressional Budget Office (CBO) projects that elevated inflation continues through 2022 because of the combination of strong demand and restrained supply in the markets for goods, services, and labor. Inflation is expected to subside by 2023 as supply disruptions dissipate, energy prices decline, and less accommodative monetary policy takes hold. In response to increased personal consumption expenditures, the Federal Reserve is expected to tighten monetary policy and increase interest rates rapidly. Real gross domestic product (GDP) is estimated to grow by 3.1 percent in 2022, and the unemployment rates is estimated to be around 3.8 percent. After 2022, economic growth is expected to slow, and inflationary pressures will ease. Real GDP is expected to grow by 1.6 percent per year from 2023 to 2026. A conservative approach to the 2023 budget is recommended. Recommended Action: Approval of the Mason County Commissioners' 2023 and 2024 Preliminary Budget Preparation Guidelines Attachment: Mason County Commissioners' 2023 and 2024 Preliminary Budget Preparation Guidelines J:\Budget Office\Briefmg,Agenda,&Public Hearing Items\2022\Action Agenda 6.21.2022-2023 Budget Guidelines.doc coa�rA>. June 21, 2022 To: Elected Officials& Department Heads Re: Mason County Commissioners' 2023 and 2024 Preliminary Budget — - - Preparation Guidelines I854, The following are the Board of County Commissioners'guidelines for the Preliminary Budget. Preliminary budgets are due to the Auditor in the Munis Financial System by close of business on Monday,August 8, 2022. MASON COUNTY Elected Officials and Department Heads are asked to present a 2023 status quo BOARD budget at 2022 adopted budget levels, and a 2024"shadow budget" at 2023 OF levels. Approved contractual increases are added to the department's bottom COMMISSIONERS line in a status quo budget. Please implement the following guidelines when developing both 2023 and 2024 1ST DistrictPreliminary Budgets: RANDY NEATHERLIN BEGINNING FUND BALANCE (BFB) ESTIMATES 2nd District •The Budget Office will make initial BFB estimates based on cash on hand at June KEVIN SHUTTY 30th and the current 2022 budget. Estimates will be emailed to Departments by July 11th. Departments should make their own estimates and changes in 3rd District SHARON TRASK calculations should be communicated back to the Budget Office. REVENUE LEVELS ■ Current Expense Property Tax levy may include an increase. Mason County Building 1 ■ Roads Property Tax levy may include an increase. 411 North Fifth Street ■ Budget with existing fees and service charge schedules; review for proposed fee Shelton, WA 98584-3400 increases if possible. (360)427-9670 ext. 419 - Grants should be budgeted conservatively with projected amounts to be received within the proper budget year. (360)275-4467 ext.419 ■ Interest rates on investments will be .75%. (360)482-5269 ext. 419 ■Transfers in—Fill out the attached transfer form, send to the transferring Fax(360)427-8437 department for signature, and return to the Budget Office.Transfers in without a form or equivalent transfer out offset will not be considered in the budget. ■ Reimbursable interdepartmental revenue budgeted in one fund should be budgeted as an expense in another fund via the attached form. Requests without a form or equivalent offset will not be considered in the budget.This includes departments receiving Mental Health Fund revenue. EXPENDITURE LEVELS SALARIES&BENEFITS: 1 Salary& Benefit Projections will be emailed to Departments by the Budget Office �$oN aop�rA by July 11th. Differences in calculations should be entered into the spreadsheet provided and sent back with an explanation. Further guidance on salary& benefit calculations: _-_ ■ Wages for union represented employees with signed union contracts should I854 reflect general wage, step, and COLA increases as outlined in the contracts. ■ Wages for non-represented employees shall reflect step increases only.The BOCC may increase non-represented wages at a later date. MASON COUNTY ■ Wages for Elected Officials shall reflect the increase stated in Resolution No. 39- BOARD 19, except for Prosecuting Attorney wages in Resolution No. 22-19, and BOCC OF wages in Resolution No. 73-12. COMMISSIONERS ■ Human Resources will supply the Benefit Rate Sheet and Medical Allocation (use budget expense accounts ending in 520040 for medical) for 2023 and 2024. 1ST District Medical budgets should reflect maximum amounts paid by the County times the RANDYNEATHERLIN number ofFTE's. 2n'District ■The total dollar amount of salary and benefits for each new position request KEVIN SHUTTY should be entered on a BARS line titled "2023 Unapproved Budget Request". 3`d District EXPENDITURE RATES: SHARON TRASK All internally calculated rates will be emailed by the Budget Office by July 11' and include: ■ 2023 Internal Allocations—see tab A-1: use budget expense accounts ending in Mason County Building 1 541019. 411 North Fifth Street ■ 2023 State Auditor Charges: use budget expense accounts ending in 541510. Shelton,WA 98584-3400 ■ 2023 Motor Pool rates: use budget expense accounts ending in 5xx777 & 5xx778. (360)427-9670 ext.419 ■ 2023 ER&R vehicle rates: use budget expense accounts ending in 545951. (360)275-4467 ext. 419 ■ 2023 Information Technology rates: use budget expense accounts ending in (360)482-5269 ext.419 545952. Fax(360)427-8437 ■ 2023 Unemployment rates: $200 per FTE based on 2022s adopted budget FTE counts. Elected Officials do not receive an unemployment rate charge. Use budget expense accounts ending in 546096. OTHER EXPENDITURE GUIDANCE: ■ Budget any debt service per the Treasurer's Debt Service schedule. ■Transfers out—The attached transfer form is signed by the transferring from department and returned to the Budget Office for processing during the budget year. 2 ■ Reimbursable interdepartmental expenses budgeted in one fund should be co� budgeted as revenue in another fund and approved by the other department via the attached form. ■ Building remodel request forms emailed to departments should be returned to Facilities so that Facilities may budget accordingly. IR54 ■Traffic Policing Diversion at$1,080,000—Funding from Roads Property Tax Levy. The BOCC may change the diversion amount during budget preparation. ■ Expenditure authority shall be adopted as two bottom lines for all Elected MASON COUNTY Officials and County Department budgets, including Special Funds, in accordance BOARD with Resolution No. 26-17: one bottom line for the total salaries and benefits and OF one bottom line for operational expenses. Ending Fund Balance is not an COMMISSIONERS appropriation. ■ Overall expenditures will be reviewed in relation to reserve requirements 1ST District identified in Resolution No. 58-17. RANDY NEATHERLIN ■ Departments are encouraged to seek out new grant awards.Additional 2°d District expenditure requests in order to hire a grant writer will be considered by the KEVIN SHUTTY BOCC. 3`d District MUNIS BUDGET SHARON TRASK Prepare your internal budget analysis via any mechanism you prefer in preparation of Munis entry.The Auditor will send processing instructions to submit budgets in Munis. Mason County Building 1 The 2023 Munis budget entry will include the following: 411 North Fifth Street ■ Budget 1—Preliminary Budget Request—Budget Level 1 will be populated with Shelton, WA 98584-3400 2022 adopted budget numbers at 1/1/22. Departments may change the numbers to the requested amounts. (360)427-9670 ext. 419 ■ Budget 2—Auditor's Preliminary Budget—The Auditor will make error (360)275-4467 ext.419 correction changes to preliminary budget requests. (360)482-5269 ext. 419 :dopted Budget 3-Maintenance Level Changes(MLC)—This is departments' 2022 budget plus non-discretionary changes, i.e. CBA's in effect, L&I, DRS, and Fax(360)427-8437 medical changes. Budget Level 3 will be entered by the Budget Office. ■ Budget 4—Policy Level Requests (PLR)—This is the difference between Budget Level 2 and Budget Level 3, and will populate automatically.The Budget Office will email the budget level spreadsheet to departments after August 81h.An explanation or justification and project number should be entered into the 'Comments' and 'Project No.' columns for any amount in Budget Level 4. In addition, the attached project form may be filled out for each new"project" requested in the 2023 budget.A project request may include multiple BARS lines, 3 Co and both revenue and expenses to show how the "project" was derived.The p following are considered projects: 1. New staffing request(s) 2. Capital &Vehicle Purchases 3. Operational requests by project 1854 4. All other items over Maintenance Level Changes The 2024 Munis"shadow" budget entry will include the following: MASON COUNTY ■ Budget 1—Enter any changes to the 2023 budget for the 2024 budget. BOARD BUDGET NARRATIVES OF A Budget Narrative should include the following information and is due to the COMMISSIONERS Budget Manager via email (no paper copies) by September 121n: ■ 2021, 2022, and 2023 FTE count, and Organizational Chart 1ST District RANDY NEATHERLIN ■ FTE position allocations and funding sources, if any 2nd District ■ Proposed Fee Increases KEVIN SHUTTY ■ Workload Indicators—include a 3 year history comparison 3rd District ■ Project Level Changes (Budget Level 4 in Munis—Instructions and training to SHARON TRASK follow) Countywide trainings will be provided by the Budget Manager via Zoom on July 14th at 9:00 am. Mason County Building 1 Departmental budget workshops with the Board will begin in October.The first 411 North Fifth Street workshop scheduled will be an overview of the entire budget. Shelton, WA 98584-3400 Sincerely, (360)427-9670 ext.419 BOARD OF MASON COUNTY COMMISSIONERS (360)275-4467 ext. 419 (360)482-5269 ext.419 Kevin Shutty Sharon Trask Randy Neatherlin Chair Commissioner Commissioner Fax(360)427-8437 4 y Mason County Agenda Request Form To: Board of Mason County Commissioners From: Tim Whitehead Ext. 417 Department: Prosecutor's Office Briefing: ❑ Action Agenda: 21 Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): 6/13/22 Agenda Date: 6/21/22 Internal Review: ❑ Finance ❑ Human Resources ® Legal ❑ Information Technology ❑ Other Below for Clerk of the Board's Use Only: Item Number: ,�) Approved: ❑Yes ❑ No ❑ Tabled ❑ No Action Taken Ordinance/Resolution No. Contract No. County Code: Item: Approval of the proposed settlement agreement between Concrete School District, Quillayute Valley School District No. 402, Naselle-grays River School District, Clallam County Fire District#4, Wahkiakum County, Pacific County, Skamania County, Mason County, City of Forks, American Forest Resource Council, Port of Port Angeles, Clallam County Fire District#5, Lewis County and Darrington School District and the State of Washington Department of Natural Resources (DNR) regarding DNR-managed forest lands. Backeround/Executive Summary: The above named governmental entities challenged the Sustainable Harvest Calculation for the 2015-2024 planning decade adopted by DNR and the attached proposed settlement. Budget Impact: N/A Public Outreach: N/A Requested Action: Approval of the proposed settlement agreement between Concrete School District, Quillayute Valley School District No. 402, Naselle-grays River School District, Clallam County Fire District#4, Wahkiakum County, Pacific County, Skamania County, Mason County, City of Forks, American Forest Resource Council, Port of Port Angeles, Clallam County Fire District#5, Lewis County and Darrington School District and the State of Washington Department of Natural Resources (DNR) regarding DNR-managed forest lands Attachments: Proposed Settlement Agreement SETTLEMENT AGREEMENT This SETTLEMENT AGREEMENT is entered into between Concrete School District, Quillayute Valley School District No. 402,Naselle-Grays River School District, Clallam County Fire District Number 4, Wahkiakum County,Pacific County, Skamania County,Mason County, City of Forks,American Forest Resource Council ("AFRC"),Port of Port Angeles, Clallam County Fire District Number 5,Lewis County, and Darrington School District(collectively "Plaintiff Coalition")and the State of Washington,the Washington Department of Natural Resources, and the Washington Board of Natural Resources (collectively"DNR!'). Plaintiff Coalition and DNR are collectively"the Parties." I. RECITALS A. Plaintiff Coalition challenged the Sustainable Harvest Calculation("2015 SHC") for the 2015-2024 planning decade,and the adoption of Resolution 1560 by the Board of Natural Resources on December 3,2019, and the amendment to the 1997 Habitat Conservation Plan and the adoption of Resolution 1559. That challenge is pending in Concrete School District, et al. v. State of Washington, et al., Skagit County Superior Court Case No. 20-2-00010-29, consolidated with Skagit County, et al v. State of Washington, et al., Case No. 19-2-01469-29, and in Concrete School District, et al. v. State of Washington, et al.,Thurston County Superior Court Case No. 20-2-01653-34. B. The Parties,through their authorized representatives, and without any admission or final adjudication of the issues of fact or law with respect to Plaintiff Coalition's claims,have reached a settlement that they consider to be a just, fair,adequate, and equitable resolution of the disputes set forth in Plaintiff Coalition's Complaints. The Parties have agreed to settle the claims, and Plaintiff Coalition agrees to voluntarily dismiss their litigation. C. This Settlement Agreement is intended to 1) improve the forest inventory data used by DNR for the development of the 2025-2034 Sustainable Harvest Calculation("2025 SHC"); 2)transition DNR to a plot-based, stand-level inventory program covering all operable acres of forest trust land in Western Washington; 3)prescribe a process to improve the accuracy and precision for identifying the operable land base used in the development of the 2025 SHC; 4) facilitate DNR's development of the 2025 SHC and a Tactical Plan that will implement the 2025 SHC using modeling that produces spatially explicit harvest schedules (see Paragraph 16); and 5) commit to annual reporting to provide accountability for the 2025 SHC. D. Nothing in this Settlement Agreement changes or modifies any procedural or substantive obligations DNR has to consult with the Technical Advisory Committee ("TAC") under 2SHB 1168 related to issues of forestland inventory or the 2025 SHC. Page 1 of 11 Settlement Agreement Skagit County Superior Court Cause No. 19-2-01469-29 Thurston County Superior Court Cause No. 20-2-01653-34 'i H. AGREEMENT A. Development,Maintenance, and Use of Stand-Based Forest Inventory 1. DNR shall transition to a plot-based, stand-level inventory program on all operable DNR-managed forest lands over 20-years of age in Western Washington. DNR will call this program the Stand-based Forest Inventory System("SFIS"). Details of that program, including but not limited to what data will be collected from individual plots, is provided in Exhibit A,which is incorporated into and made a part of this Settlement Agreement. 2. DNR shall begin its implementation of the SFIS program immediately upon the signing of this Settlement Agreement, and DNR will maintain this plot-based, stand-level inventory moving forward, subject to available funding as identified in paragraph 7,below. 3. Initial SFIS Data: DNR will obtain SFIS data for approximately 500,000 acres, through the solicitation and use of contractors by December 31, 2024. Of these data, 200,000 acres will be sampled by June 30,2023. An additional 300,000 acres will be sampled by December 31,2024. The Parties recognize that DNR may face limitations in obtaining this SFIS data, including DNR's contracting requirements and contractor limitations. As such,the Parties agree that contingencies clause(paragraph 8) applies to this requirement. In any event,DNR shall endeavor in good faith to collect the SFIS data on the above timeline, and shall report its progress to the Plaintiff Coalition's Designated Representatives (see paragraph 36)upon request. 4. DNR will periodically re-inventory stands so that the inventory data of operable stands over age 20 years are inventoried on a 10-year cycle. DNR will inventory stands age 0 to 19 in post-planting surveys at ages 2 to 5 and in preparation for and following precommercial thinning operations as needed. 5.. DNR and Plaintiff Coalition's Designated Representatives will meet and strategize how to increase funding for the inventory identified in paragraph 4 if DNR is unable to maintain the inventory within its existing budget. 6. DNR will routinely and regularly update its SFIS data by editing the data to reflect changes in the land base, including but not limited to harvests; land sales, acquisitions, and/or exchanges; boundary changes; and habitat changes for marbled murrelet,northern spotted owl or other listed species. 7. Funding: DNR will submit a request to the Legislature for sufficient funding to implement the terms of this Settlement Agreement each biennium.The Parties commit to working together to secure funding to complete and maintain the SFIS of operable trust lands. In the event Legislative appropriations are insufficient,these funding options include,but are not limited to, increasing the management rate withheld from trust gross revenue,requesting additional funding from the Legislature from alternative sources to supplement the Resource Management Cost Account and the Forest Development Account, soliciting federal funds, or pursuing mechanisms to diversify sources of revenue from the trust lands. Page 2 of 11 Settlement Agreement Skagit County Superior Court Cause No. 19-2-01469-29 Thurston County Superior Court Cause No. 20-2-01653-34 8. Contingencies: If it becomes impossible or impractical for DNR to collect the Initial SFIS Data on the schedule identified in paragraph 3, DNR shall meet with Plaintiff Coalition's Designated Representatives to discuss how to implement the plot-based, stand-level inventory committed to in this Settlement Agreement. If limitations are identified,the Parties shall work together to overcome those limitations so as to achieve the objectives of this Settlement Agreement. If necessary to achieve the objectives of the Settlement Agreement, one potential course of action is to request that the Board of Natural Resources adjust the schedule for approval of the 2025 SHC so that more Initial SFIS Data can be used in the calculation. The potential to adjust the schedule does not displace the Parties' ability to implement other actions that may become necessary to achieve the objectives of the Settlement Agreement. Similarly, if it becomes impossible or impractical for DNR to comply with paragraph 4, DNR shall meet with Plaintiff Coalition's Designated Representatives to discuss how to best maintain the SFIS inventory. B. Process to Improve the Accuracy and Precision of the Land Base Included in the 2025 SHC 9. The Parties' objective is to accurately represent the area of forested trust lands that can be sustainably managed in DNR's forest estate model, consistent with the Policy for Sustainable Forests, State Trust Lands Habitat Conservation Plan, federal and state laws, and its fiduciary obligations to generate perpetual revenue for current and future generations of trust beneficiaries. 10. Within 6 months of signing this Settlement Agreement, DNR shall delineate Planning Analysis Units ("PAUs") within its GIS database. (See Exhibit A). The Parties agree that the contingencies clause (paragraph 8) applies to this requirement. In any event, DNR shall endeavor in good faith to collect the PAU data on the above timeline, and shall report its progress to the Plaintiff Coalition's Designated Representatives upon request. 11. DNR and Plaintiff Coalition's Designated Representatives will meet as needed to discuss the delineation of areas that restrict DNR forest operations. 12. DNR will routinely and regularly update its PAU GIS to ensure that the quality of the data stays consistent with that sought by Exhibit A. 13. Upon request,DNR will make the PAU GIS database available to Plaintiff Coalition, and will assist in helping Plaintiff Coalition understand the GIS database. 14. For the 2025 SHC,DNR shall use its RS-Hydro model, as that model may be modified over time based on receipt of additional data or improvements in modeling. Where DNR does not have field verification for the break point between stream types, stream buffers will be based on the stream type as determined by the RS-Hydro model. When DNR changes its RS-Hydro model, it will provide the data and assumptions that support the modification to Plaintiff Coalition's Designated Representatives. Page 3 of 11 Settlement Agreement Skagit County Superior Court Cause No. 19-2-01469-29 Thurston County Superior Court Cause No. 20-2-01653-34 15. For the 2025 SHC, forest roads will only be excluded from the forested land base if they are excluded from the PAU GIS database. (See Exhibit A). C. 2025 SHC Development and Implementation 16. DNR's objective is to produce a final sustainable harvest level for the Board of Natural Resources' consideration by July 2024.The final product of the 2025 SHC will be a decadal sustainable harvest level for each of the 20 Western Washington Sustainable Harvest Units ("SHU") identified in the Policy for Sustainable Forests, accompanied by a Tactical Plan that implements the 2025 SHC. The Tactical Plan will use modeling to produce harvest schedules to guide identification of timber harvest units and development of 2-year Timber Sale Plans. The Tactical Plan will be updated every 2 years,taking into account forest inventory changes, such as new forest inventory data, sold timber harvests, significant natural disturbances and land transactions in formulating the map. 17. The SFIS data collected by January 31,2023,will be used in preparing the 2025 SHC. 18. For purposes of the 2025 SHC,DNR will work with a third-party consultant to develop its growth-and-yield methodology as required by 2SHB 1168, Section 3(4). DNR will use the SFIS data and other inventory data sources to project the growth-and-yield of PAUs. For PAUs where SFIS data is not available,DNR will seek review and recommendations from the TAC and the Plaintiff Coalition's Designated Representatives for its growth-and-yield projections. 19. Stratification:The PAU stratification effort will rely on existing datasets including RS-FRIS data. Where doing so will result in a stratum of at least 1,000 acres,PAU strata will be limited to the unit administrative level, and will be further stratified by available data sets, including but not limited to site index class,primary species, age and/or density. Other strata will be as localized as possible, generally grouping PAUs by, among others, forest type, site productivity,timber volume. Where necessary because of lack of adequate data within a stratum, data from other nearby or comparable strata may be used for modeling until adequate data within the stratum is available. 20. Comparative Analysis: Once DNR has sampled 200,000 acres of SFIS data, DNR will conduct an analysis of at least two different approaches to representing the forest inventory and its growth-and-yield in the strategic and tactical models used to calculate the sustainable harvest level. The two approaches that DNR will compare are: a. DNR's Approach: Using all the available forest inventory data, all PAUs, including those under 20 years of age,will be assigned a strata with their corresponding yields. The yields and other relevant data associated with each PAU will be used in both the strategic and tactical models,plus additional data will be included in the tactical model. The Tactical Plan will Page 4 of it Settlement Agreement Skagit County Superior Court Cause No. 19-2-01469-29 Thurston County Superior Court Cause No. 20-2-01653-34 be provided to the Plaintiff Coalition's Designated Representatives and will inform development of 2- and 5-year Timber Sales plan during the first decade. DNR will periodically re-run the tactical model during the planning decade to reflect changes and provide the basis for updated 2 and 5-year Timber Sales plan during the first decade. b. Plaintiff Coalition's Approach: Within each strata, PAUs for which data is collected in the first 200,000 acres of SFIS field inventory work will be modeled using the data specific to each PAU. All other PAUs over 20 years of age that were not sampled will have their tree lists and yields, assigned through imputation based on inventory data from sampled PAUs with similar forest metrics (these metrics will include the datasets used in the stratification process). It is recognized that this will create temporary datasets for the strategic modeling aspects of the Sustainable Harvest Calculation,which will be replaced over time as additional stand level inventory work allows replacement of the imputed values. For PAUs less than 20 years old their tree lists, and yields will reflect their forest metrics based on planting and silviculture records for those PAUs. The yields and other relevant data associated with each PAU will be used in both the strategic and tactical models. A spatially explicit schedule file (including all current and in-progress sales) for the tactical model outputs will be provided to the Plaintiff Coalition's Designated Representatives and will guide development of 2- and 5-year harvest plans for the first decade. DNR will periodically re- run the tactical model during the planning decade to reflect changes and provide the basis for updated 2 and 5-year harvest plans as the decade progresses. C. Evaluation: When the modeling is complete, the parties will meet to evaluate which approach results in the most robust management tool. The parties may agree on modifications of either approach in order to enhance the utility as a management tool or statistical validity. If the Parties cannot agree,they will consult with the TAC, and if needed present their competing views to the Board of Natural Resources for resolution. 21. Between execution of the Settlement Agreement and June 30, 2024, DNR's biometrics experts and consultants will meet with Plaintiff Coalition's Designated Representatives' biometrics experts on at least three occasions (remotely as needed)to discuss the assumptions,modeling approach, and programming of Forest Vegetation Simulator("FVS") and Woodstock for purposes of the 2025 SHC and the Tactical Plan. DNR will promptly provide Plaintiff Coalition's Designated Representatives with the data and programming on request for them to fully understand DNR's proposed approach and to allow them to make meaningful suggestions for improvement. 22. If at the conclusion of the meetings in paragraph 21,the Parties are not in agreement on the preferred approach, Plaintiff Coalition's Designated Representatives' experts will be given an opportunity to present their conclusions in a written report and a presentation to the TAC. DNR will also present its opinions to the TAC. After the presentation to the TAC, Page 5 of 11 Settlement Agreement Skagit County Superior Court Cause No. 19-2-01469-29 Thurston County Superior Court Cause No. 20-2-01653-34 Plaintiff Coalition's Designated Representatives' experts can request to present their report and recommendations to the Board of Natural Resources as part of the Chair Report. DNR and members of the TAC will also present their recommendations to the Board of Natural Resources. DNR, TAC, and Plaintiff Coalition's Designated Representatives' experts will be given an opportunity to respond to questions from the Board of Natural Resources. 23. DNR's objective is to produce a draft sustainable harvest calculation based on current policies, and solicit review by DNR field staff prior to publishing a Draft Environmental Impact Statement("DEIS") in 2023. After DNR field staff have reviewed and provided input, and any changes to reflect that input have been incorporated into the model, DNR will publish the DEIS. 24. This paragraph describes the process that DNR will take to evaluate the SFIS data that was not available in time to incorporate it into the Final 2025 SHC. When the first 200,000 acres of.SFIS data collection is complete, and again when the Initial SFIS data collection is complete (see paragraph 3),DNR will recalculate the 2025 SHC as adopted by the Board of Natural Resources and re-run the Tactical Plan using the Initial SFIS data. For any sustainable harvest units where the recalculation results in a 10%change in the 2025 SHC volume,DNR shall submit to the Board of Natural Resources a recommendation that the 2025 SHC be amended. Regardless of Board of Natural Resources' action,DNR will update the Tactical Plan with new inventory data(see paragraph 16). 25. The discount rate used for the 2025 SHC will be consistent with existing Board of Natural Resources' policy,which states, "The department will utilize a comprehensive approach to review and update the financial assumptions used in forest management decisions." This comprehensive approach to determining the discount rate for the 2025 SHC will at a minimum include a review of the rate for Washington Municipal Bonds and a review of discount rates used by timberland investors of a similar scale as DNR. D. Reporting 26. Upon the Board of Natural Resources' adoption of the 2025 SHC,DNR will prepare the following reports for each of the SHUs, and provide them to trust beneficiaries,the Plaintiff Coalition's Designated Representatives,the Board of Natural Resources, and the public. The reports will be published on the timetables indicated below. The reports will not replace the existing quarterly meetings DNR holds with county beneficiaries. Either party may propose modifications to the report format to make it more useful by written notification to the other parry's representative(s) at least six months prior to report due date. The reports will contain the following information at a minimum: By the July Board of Natural Resources meeting of each year: l. A 2-year Timber Sale Plan by SHU and Region, listing the potential timber sales, their available draft unit maps, estimated or cruised timber volume(MMBF), and estimated sale revenue by SHU and region. Page 6 of 11 Settlement Agreement Skagit County Superior Court Cause No. 19-2-01469-29 Thurston County Superior Court Cause No. 20-2-01653-34 Within six months after the close of each fiscal year: 2. Sold Timber Sales, including the sale volume (MMBF), timber sale area (acres), timber sale maps, advertised minimum bid value, (sale price as advertised), and sold value for the previous fiscal year's timber sales summarized by SHU and Region. 3. Comparison of Sold Timber Sales' (report 2, ¶D.26.(2))versus the 2-Year Timber Sale Plan(report 1,¶D.26.(1)) for the reporting fiscal year: the comparison will include advertised volume (MMBF), sale area, and sold vs estimated planned sale value by SHU and Region. 4. A map that shows, at a minimum,the following GIS data: a. The forest strata b. The PAUs that were selected for harvest from the Tactical Plana (see report 6, ¶D.26.(6)). c. The 2-year Timber Sale Plan(report 1, ¶D.26.(1)) for that fiscal year. d. The Sold Timber Sales (report 2,¶D. 26(2))from the inception of the 2025 to 2034 Planning Decade to the reporting fiscal year. 5. A table that provides a Cumulative Report comparing Sold Timber Sale total volume(N MF),total area and sale price for the 2025-34 decade to the Sustainable Harvest Level by SHU and Region Upon adoption of the SHC and again within six months after the close of each fiscal biennium: 6. A map will be generated that shows the PAUs identified for harvest during the entire Planning Decade in the SHC, as updated by changes that have occurred during the decade to date. This is the Tactical Plan that shall be updated every two years (see paragraph 16). E. Judicial Dismissal of Claims, and Enforcement of the Settlement Agreement 27. This Settlement Agreement must be approved by each member of the Plaintiff Coalition and DNR. The Settlement Agreement will not be submitted to the Board of Natural Resources until it has been signed by all Plaintiff Coalition members. Prior to Board of Natural Resources' approval, it should be referred to publicly as the Proposed Settlement Agreement. 28. Within ten days of approval of the Settlement Agreement by the Board of Natural Resources,the Plaintiff Coalition will submit a notice of voluntary dismissal with prejudice of all claims in both Skagit County and Thurston County Superior Courts. 1 "Sold Timber Sales"are actual transactions. z Map refers to an online viewer of GIS products. s"Tactical Plan"is described in paragraph 16. Page 7 of 11 Settlement Agreement Skagit County Superior Court Cause No. 19-2-01469-29 Thurston County Superior Court Cause No. 20-2-01653-34 29. Any claim for breach of this Settlement Agreement may be brought in the Skagit County Superior Court. F. Miscellany 30. This Settlement Agreement may be electronically signed, or signed in counterparts, with copies to be sent to counsel for the Parties. 31. This is a negotiated Settlement Agreement, with both Parties being represented by counsel. In case of ambiguity, no party will be treated as the "drafter" of the Settlement Agreement. It shall be construed to effectuate the purpose described in Recital C above. 32. The effective date will be the date that the Settlement Agreement is approved by the Board of Natural Resources. 33. This Settlement Agreement may be amended only with the written agreement of all Parties. 34. This Settlement Agreement may be amended to add Skagit County Plaintiffs as a third party prior to Board of Natural Resources' approval. 35. Except for the obligations of paragraph 26 above, this Settlement Agreement will terminate (a)upon DNR's completion of its inventory of all operable lands over 20-years of age in Western Washington, (b) on June 30, 2030, if at least eighty percent(80%) of DNR's inventory of all operable lands over 20-years of age in Western Washington is complete, or(c) on June 30, 2035; whichever occurs first. The obligations of paragraph 26 will terminate upon the adoption of a sustainable harvest calculation for the 2035-2044 planning decade. 36. During the term of this Settlement Agreement, Plaintiff Coalition will be represented by one or more Designated Representatives that will be periodically identified by the Plaintiffs Coalition. These representatives will have the ability to rely on various technical experts, when applicable, in discussions with DNR. DNR will be represented by Commissioner of Public Lands or the Commissioner's delegate. Either party may modify its representative(s) by written notification to the other party's representative(s). 37. By signing this Settlement Agreement, the Parties acknowledge that the terms of this Agreement were reached through dispute resolution negotiations and have been reviewed with and discussed with respective counsel for each of the Parties. The Parties warrant and represent that the signatory is fully authorized to enter into and legally bind their party to the terms and conditions of this Agreement. [Remainder of page intentionally left blank; signature pages to follow] Page 8 of 11 Settlement Agreement Skagit County Superior Court Cause No. 19-2-01469-29 Thurston County Superior Court Cause No. 20-2-01653-34 Agreed: Concrete School District Quillayute Valley School District No. 402 by by Its Its Date Date Naselle-Grays River School District Clallam County Fire District No. 4 by by Its Its Date Date Wahkiakum County Pacific County by by Its Its Date Date Page 9 of 11 Settlement Agreement Skagit County Superior Court Cause No. 19-2-01469-29 Thurston County Superior Court Cause No. 20-2-01653-34 Skamania County Mason County by by Its Its Date Date City of Forks American Forest Resource Council by by Its Its Date Date Port of Port Angeles Clallam County Fire District Number 5 by by Its Its Date Date Page 10 of 11 Settlement Agreement Skagit County Superior Court Cause No. 19-2-01469-29 Thurston County Superior Court Cause No. 20-2-01653-34 Lewis County Darrington School District by by Its Its Date Date State of Washington Department of Natural Resources Board of Natural Resources by Hilary Franz Commissioner of Public Lands Date Page 11 of 11 Settlement Agreement Skagit County Superior Court Cause No. 19-2-01469-29 Thurston County Superior Court Cause No. 20-2-01653-34 Exhibit A: Enhancing Forest Inventory Information for DNR-Managed Trust Lands May 18, 2022 Background This document describes the Stand-based Forest Inventory System (SFIS)which will provide tree lists and forest metrics at the scale of Planning Analysis Units (PAU).Within DNR's western Washington operable forested trust lands, PAUs are intended to approximate harvest units—contiguous areas that can be efficiently harvested in a relatively short period of time and would be included in a timber sale. PAUs will be used to construct a spatially explicit forest estate model for western Washington DNR- managed trust lands. The goals of SFIS are to provide 1) unbiased and sufficiently precise estimates of current forest metrics (e.g., board-foot volume) at the PAU level and 2) accurate PAU-level tree lists to project future forest conditions using a growth-and-yield model such as the Forest Vegetation Simulator(FVS). Field procedures are included as Appendix A. Delineating Planning Analysis Units on DNR-Managed Trust Lands PAUs will cover the entirety of operable DNR-managed trust lands in western Washington (Figure 1). PAUs are planning units that are intended to guide future harvest activities and will provide a potential harvest plan that implements the sustainable harvest calculation that can be used to aid and develop two and five-year timber sale schedules. PAUs will generally combine both upland' and adjacent riparian and wetland management zones (Riparian land class) as these units can be efficiently harvested together. PAUs may combine harvest methods of cable and ground harvest operations. Delineation Standards The combined area of the PAUs will be exactly equal to the area of the operable' land base.There will not be any overlaps among PAUs, any slivers,or any gaps. PAUs will not contain any inoperable'area.All forest conditions within a PAU will be delineated as single-part polygons. Each PAU will have a unique identifier associated with the polygons within a PAU. PAUs PAUs will meet the following criteria: 'Uplands areas in this document references non-riparian and wetlands management zones. In DNR's land classification categories these uplands areas are defined as General Ecological Management(GEM)and uplands with specific management objectives(UPLANDS). Z Total operable land area in western Washington is approximately 1.2 million acres. s The inoperable land base is defined as forest lands that are currently mapped as long-term deferrals from timber harvest due to ownership(e.g. Natural Areas), non-forested areas such as lakes and outcrops, Habitat Conservation Plan commitments(e.g.northern spotted owl patches; marbled murrelet occupied sited), Policy for Sustainable Forests(old growth,special ecological features), potential unstable slopes,desired forest conditions in riparian and DNR local staff knowledge(e.g.operational limits).This area is currently estimated at 340,000 acres. 1 DRAFT: Subject to Change T. y may' 0 2 4 8 Miles i Operable Forest Land Based on LDO from 07108/2021 Inoperable Land SUBJECT TO CHANGE due to policy,procedure,data and or other information. Figure 1.Operable land managed by DNR in western Washington. Operable land is forest land where even-and or uneven-aged timber harvest activity is permitted. No harvest activities are permitted on inoperable land. • Minimum area:4 acres4 • Maximum area: 140 acres (inclusive of RMZ) • Target area:40 acres (inclusive of RMZ) The target area is equal to the median area of recent(FY 2018—2022)overstory-removal forest management activities (FMA). PAUs will not cross DNR administrative boundaries at the local levels.This follows the delineation standards in DNR's Land and Resource Management(LRM)system. PAUs will be delineated to approximate operational harvest units. Consideration will be given to harvest systems (e.g.,the placement of towers,tail holds, and landings),stream crossing, haul routes, and other factors. Physical features,such as ridges,valleys, roads, and streams will often form PAU boundaries, but PAUs can contain these features. When these features are used to delineate PAUs,the boundary will follow the center of the stream or road as closely as possible. a Where an operable PAU would be less than 4 acres in size,the PAU will be combined with the most appropriate adjacent operable PAU. 5 DNR administrative levels from smallest to largest are Local or Unit, District, Region,Statewide. 2 DRAFT: Subject to Change The boundary between Uplands and Riparian Development Types will also be delineated within each PAU using RS-Hydro.See Figure 2. PAUs will follow overstory-removal forest management activities (FMAs)to capture the imprint of previous management. Individual harvest FMAs will not be split into multiple PAUs as a general rule. PAUs will contain FMAs in their entirety but will also often contain areas outside of the harvest FMA such as adjacent riparian management zones or slivers. Figure 2 illustrates some of the guidelines for delineating PAUs. The following GIS layers will be available for delineating PAUs.Other layers can be added if they are useful. • 2019 Washington Orthophoto (1-ft Color) • Aspect:Lidar derived aspect • Bare Earth Elevation(Feet): LiDAR derived • Bare Earth Hillshade: LiDAR derived • Contour Lines: LiDAR derived contour lines • Completed and Sold Harvests: Harvest FMA polygons with harvest dates and other attributes. Pre- 2018 polygons were delineated as forest management units (FMUs) and generally do not follow the management areas as closely as more recent FMAs • Planned Harvests: Planned harvest FMAs • DNR Roads by Activity Status • RS_FRIS_RASTERS:A collection of 1/101h acre scale rasters of forest conditions (e.g., gross bf volume, canopy height, combined origin year)from the remote-sensing forest inventory • RS-Hydro Streams (Modeled State Lands Water Types): linear stream features with water type predicted from LiDAR DEMs and statistical models • Slope Percent:from LiDAR DEM The following GIS layers will be used to separate inoperable areas from the land base.The process for combining these layers is built into the large data overlay process: • DNR-Managed Surface Trust Lands:Community forests, NAP/NRCA are deferred • Local Knowledge:compilation of non-harvestable polygons from State Lands Local Knowledge (LCL_DF—YR=9999) • Mapped Old Growth: all delineated old-growth areas are deferred • MM Analysis Area:Only the intersection with NSO Habitat Types A and B is deferred • MM Occupied Sites:All occupied site polygons& buffers • MM Special Habitat Areas: all marbled murrelet habitat areas • NSO Habitat Types:only Type A and B habitat intersected with MM Analysis Area is deferred • RS_FRIS—POLYS: Non-forest forest inventory polygons, e.g.,wetlands, developed sites (LAND—COV_CD not in (41,42,43,44)) • State Lands—Northern Spotted Owl Nest Patches:core areas+ buffers 3 DRAFT:Subject to Change No galas between PAU and inoperable area Upland and Riparian in PAU Follow stream course to capture Riparian class Example PAU Riparian within PAU u inoperable Area RS-Hydra Streams Type 3+ Type 4 Figure 2. Example of PAU delineation.The PAU contains both the upland area (recently harvested in this case)and adjacent RMZ areas that would logically be harvested at the same time.An inoperable area (non-forest)to the north forms part of the PAU boundary. 4 DRAFT:Subject to Change Inventory Coverage The initial inventory sample will cover 500,000 operable acres of western Washington's DNR managed trust lands, of which up to 200,000 acres will be collected by June 30, 2023 and the remaining 300,000 acres by December 312024,subject to available budget. Operable lands are those where some type of harvest activity is permitted; inoperable lands are those lands where no harvest activities are permitted. The SFIS will be a 'stand-based' or'stand-level' inventory.This means that the population will be divided into smaller subpopulations and a statistical sample will be measured for each unit using a set of sample plots.The sample plots will also produce a tree list for each unit—a sample of trees with characteristics like species, diameters, heights, and crown ratios—that will be used to project future stand conditions. The stands for the inventory will be planning analysis units (PAUs), areas of operable land that approximate harvest units. Sampling Strategy Plot location will be identified using an ownership-wide grid of sample points spaced at 1 plot per 4 acres outside of riparian areas and 1 plot per 8 acres within riparian areas (Figure 3). Intersection of the PAU layer with the grid will yield sample plot locations for a given PAU. The inventory will only collect data on PAUs at least 20 years old.Those less than 20 years old will not be sampled. Data from verified forest surveys from DNR's LRM System will be used to estimate forest conditions within the PAUs<20 years old. Subsequent sampling strategy will be based on a 10-year inventory cycle. On average DNR will inventory 10 percent of its operable acres older than age 20 every year. Live tree data required to be collected at each plot is described in the following sections. 5 DRAFT: Subject to Change * Upland Plot Riparian Plot PAU Riparian land doss 0 am 7,5UO Feel Figure 3.The land classification and sample grid will be produced before PAU delineation occurs (left).These layers will be provided to the vendor.After PAUs are delineated (right),the sample grid will be intersected with the PAU to assign sample points to individual PAUs.A sample of PAUs will be selected for inventory measurements.All sample points will be measured in PAUs that are selected for inventory measurements.The upland plot measurements will be used to estimate current forest inventory metrics and create development types(i.e.,yields)for the upland portion of the sampled PAUs.The riparian sample points will be grouped with points from similar riparian areas to develop stratified inventory metrics and development types. Sampling Order and Selection PAUs will be randomly selected for inventory measurements to ensure that the inventory is an unbiased sample of all operable lands.To reduce the delay between the PAU delineation phase of the inventory and the field measurements, PAUs will be selected for field measurements as they are delineated. PAUs selected for measurement by June 30, 2023,will cover up to 200,000 acres in the first SFIS sample, where amount of acres sampled is dependent on the cost per plot, and will be used to build the stratified yields for use in the 2024-35 sustainable harvest calculation. An analysis of sampling results from the first SFIS sampled acres will be performed to ensure each stratified yield set has statistically sufficient data for yield projections.The remaining PAUs will be selected after the delineation and analysis of the first SFIS sampled acres is completed to ensure all strata are sufficiently sampled and the total area of field measurement is 500,000 acres. 6 DRAFT:Subject to Change The first SFIS sampled acres of PAUs will be selected using the cumulative relative frequency method', which is an implementation of probability proportional to size sampling(PPS).The purpose of PPS is to select each acre with equal probability; using a typical random sample, acres in large PAUs would be sampled at a lower frequency than those in small ones.The method requires a tracking table similar to this: PAU ID: ACRES CMT ACRES _..__...__ _._.._..._.__._.__ _ 1 -----....__._.__M..____._____ . 2 22-71z 66.21 3 96.1Z 152.3, 481.2. 243.5< ___ _.......__.......__..-.._ _ 1 5 43-7 285.2 _.._._.._.. ._...---__-26.1____...._....__311.3 6. 7. 3L61 342.9 Where: • PAU—ID=arbitrary identifier • ACRES=acres of the PAU CMT_ACRES=cumulative acres,the cumulative sum of acres that is updated for each successive PAU PAUs are added to the above table as they are created.They can be added either individually or in groups.The only information that is needed about each PAU is the PAU—ID and acres. DNR will supply the vendor with a list of random numbers between 0 and 1,212,955 (the current total number of acres of operable westside land), proportionate to the number of acres in the first SFIS contract. A PAU is selected if one of the random number is less than or equal to the CMT_ACRES for the PAU and greater than the CMT_ACRES for the previous PAU. For example, PAU 6 would be selected if 305.2 appears on the list of random numbers because 285.2< 305.2<_311.3. This sampling approach is an example of sampling with replacement. Some PAUs will likely be matched with multiple random numbers (e.g.for PAU 6 above,the unit would be selected for sampling twice if the random number list identified 286 and 310). In these cases the PAU will be sampled only once using inventory plots. Figure 4 illustrates the entire process for selecting PAUs for sampling. The second set of PAUs will be selected by the same method, or will be modified, pending analysis of inventory captured in the first SFIS acreage, until a total of 500,000 acres is reached.The second set will be done after all PAUs are delineated. 'This approach is described on page 47 of Frees, F. 1962. Elementary Forest Sampling. USDA Forest Service Agricultural Handbook No 232. It is called the cumulative relative frequency method by Abdulla et al.2014.On the selection of samples in probability proportional to size sampling:cumulative relative frequency method. Mathematical Theory and Modeling.4. 7 DRAFT:Subject to Change Delineate PAU.Add PAU—ID and acres to list PAU selected by NO Do not sample random. number? YES Contains N >4 acre of Do not sample Upland? YES Upland NO >20 yrs. Do not sample old? YES Intersect with sample points 1 plot/4 acres in Uplands L plot/8 acres in Riparian Field Sampling Figure 4.Strategy for assigning sample points to planning analysis units (PAUs). 8 DRAFT:Subject to Change Data Management and Application Data will be collected in the field using ruggedized Android tablets.The data-collection application has built-in error checks that improve data quality.The check-cruising approach and tolerances are described in Appendix A. Appendix A: Inventory Field Procedures Introduction This document is the field protocol for DNR's Stand-based Forest Inventory System (SFIS).Tree measurements are recorded using,variable radius plots and down-wood measurements,where required, are recorded on transects. Sample points are located in planning analysis units (PAUs). PAUs can have multiple forest conditions, particularly when they contain a riparian management zone(RMZ). Sample points that fall on the edge of the RMZ should be treated as edge plots as described below. Sample Point Location Data are collected on ruggedized tablets provided by DNR or on field computers owned and managed by vendors contracted to collect data. Sample points are located in the field by GPS.Crews will navigate using GPS until the unit indicates they are within 30 ft of the sample point.The last distance and bearing read on the unit when they reach within 30 ft should be followed, e.g., if the units says "29 ft at 131 degrees"then the cruiser will pace another 29 ft at 131 degrees and establish the sample point. Check cruisers will follow the same protocol and sample points need to be found within 90 ft of the check locations. Sample points will be measured where they fall, i.e.,sample points that fall on roads will be measured without relocating the point. Sample points that fall in streams that cannot be safely entered will be measured at the edge of the stream. Sample points will be monumented with a 20 penny or larger nail with flagging attached. Flagging will also be tied to nearby trees to allow check cruisers to relocate the sample point. A GPS location will be recorded at each sample point using the tablet. Sample points can be recorded as inaccessible owing to standing water,excessive slope,scree fields, and other barriers. Up to 1%of points can be recorded as inaccessible without a pay deduction. DNR will not pay for inaccessible plots beyond the first 1% unless an exception is granted by DNR owing to unforeseen difficulties. Basic Live Tree Measurements Live large trees (>=5.5 in DBH) will be measured on a variable radius plot at each sample points. Basal area factors (BAFs) are predetermined by DNR and loaded onto the tablets in advance. BAFs are set based on stand conditions with the intent of measuring an overall average of 6 trees per plot.The BAF will be 54.4 for all RMZ plots. RMZ plots will be flagged in the data recorder. Borderline trees will be determined using the limiting-distance method. 9 DRAFT:Subject to Change Live small trees (<5.5 in DBH and > 1ft tall)will be measured on fixed-area plots.The fixed-area plot radius will be preloaded on the data recorder and will be set as the limiting distance of a 5.5" tree for the given BAF of the PAU (e.g., 10.7 ft radius for 20 BAF).The radius is set so that all trees in the fixed- area plot are'in'trees even if they exceed 5.5" DBH.Trees will be recorded by species and 1 inch diameter class for trees>4.5 ft tall and 1-ft height class for smaller trees. Trees will be recorded starting north and proceeding clockwise. The following will be measured and recorded on all large trees: • Species, DBH (recorded to 0.1 in) • Crown ratio: estimated to nearest 10% • First-segment defect: Length deduction within the first 32 ft (with 1 ft stump). • Top defect: Length deduction between the first segment and 5 in DIB top. • Damage codes:other damage and severity level The following will be measured on sub-samples of large trees: • Total height and height to live crown: measured on approximately 20%of trees selected by the data collection application. Measured to the highest live point on the stem and recorded to nearest 1ft. If a tree cannot be measured for height then a note should be taken indicating the reason. Failure to measure a selected tree will result in a missed measurement unless an acceptable reason is given The following will be measured on all small trees: • Species • DBH (1 in class)or Height (1 ft class) Additional Live Tree Measurements The following will be measured on a subset of live trees.The number of trees selected for additional measurements will be predetermined before the sampling begins: • 10-yr growth increments: measured using increment cores. Measurements will be made to the nearest 0.05 inch using an engineer's scale ruler or calipers. Increments will be marked on the core and the core will be replaced in the hole for check cruising. • Site Index Trees:age will be measured using increment cores. Cores should be long enough to reach the pith. Cores that miss the pith should pass the pith tangentially and be within an estimated 1 inch of the pith.Trees should be re-cored if the first core does not reach or pass the pith.Trees will be selected from the dominant and codominant crown classes and will be free from defects such as broken tops. Selected trees should represent the cohort that occupies most of the stand; legacy trees, leave trees,and understory trees will not be selected. The preference for tree selection will be 1) DF,2) WH,3) RC, and 4) RA.Trees can also be selected from off the plot only if no suitable trees are present.Total height will be measured on site index trees. 10 DRAFT:Subject to Change Dead Tree Measurements(Within the OESF, NRF and SPS-dispersal areas and all RMZs only) Dead trees>5.5 in DBH and 10 ft tall will be selected using a 20 BAF prism. The following will be measured on all dead trees: • Species • DBH (estimated to nearest 1 in) • Height(estimate to the nearest foot) • Decay class(see Appendix A.1) Additional Down Wood Measurements A subset of sample plots may be selected for down-wood measurements.The plots will be selected before sampling begins. Down wood is measured using the line-intersect method on two 25-ft transects. The transect azimuths will be pre-populated by the tablet. The end of each transect will be marked with flagging. The following will be measured for each transect: • Slope percent Pieces of down wood will be recorded when the central axis of the piece (i.e.,a line running through the pith) is above ground and crosses the transect and the piece is>=4 in diameter at the point of intersection. Curved or forked pieces and pieces that intersect both transects will be recorded at each point of intersection. The following will be measured on all down-wood pieces: • Species: RC or other(OT) • Decay class(see Appendix A.2) • Diameter at Intersection: measured to nearest 1 in using a tape • Small-end and large-end diameters:estimated to nearest 1 in, ends do not have to be measured • Length:estimated to nearest 1ft. Does not have to be measured Edge Correction Edge-correction methods will be employed when sample points fall close to the edge of the PAU or between the RMZ and non-RMZ part of the PAU. If the boundary is a road,the mid-point of the road will be considered the boundary line. Plots will not be measured with edge-correction if there is no indication that the sample point is near an edge, i.e.,forest conditions on both sides of the boundary appear to be the same. 11 DRAFT:Subject to Change The walk-through method will be used on large live and dead trees (Appendix A.3). Small trees can be adjusted by estimating the proportion of the plot within the unit and adjusting tree counts. A count field will be used in the data collection application to double-count trees. Adjustments should be noted in the notes fields. Down-wood transects will be reversed (e.g., switched from 90 degrees to 270 degrees) if they extend beyond the unit boundary. Table Al. Potential check cruise tolerances. Criteria Range Plot missing, not recorded as inaccessible None allowed Plots found and located with 90 ft of intended point -2% (2 out of 100 points) Total number of large live trees tallied +/- 5% Total number of large dead trees tallied +/- 10% QMD of large live trees (by species) +/-1 in Mean height of large live trees (by species) +/-5 ft Missed ht measurement trees -2% Total number of small live trees tallied +/- 10% Check Cruising A check cruise of approximately 10%of the completed PAUs will be conducted. Scoring criteria will be based on the average differences between the cruise and check-cruise data.The check cruiser will start with a sub-sample of approximately 5 points within a unit. If the cruise passes then no additional points will be checked. If the check fails then an additional 25%of points will be checked.The process can be repeated until 100%of points are checked.A unit will fail when 100%of points are checked and not found to be within tolerances. Failed units will be remeasured. If three units from the same cruiser fail then all units measured by the cruiser or team will be remeasured and checked. 12 DRAFT:Subject to Change Appendix A.1—Dead Tree Decay Classes(Within the OESF, NRF and SPS-dispersal areas and all RMZs only) Charsrcteriak Deeav Glass Code 1 Z 3 4 Bark Intact Intact Trace Absent Twigs and Present Absent Absent Absent branches <11 in. this. Texture Intact Intact to Hard,large Snsall,soft softening pieces blocky pieces Shape Round Round Round Roundta oval Color of wood Original Original Original to Light brown color color faded color to reddish brown Table 9-4. Dead Trice Decay Class. ke=SM& Hard Snag Soft Snag Very Salt Sots Duty CLmm 1 Decay Class 2 Ley Class 3 Decay Clam 4 13 DRAFT: Subject to Change Appendix A.2—Down Wood Decay Classes Dewy Class 1 Decay Class 2 Decay Class 3 Decay class 4 Decay class 5 Figure 5-2 Decay Class Guidelines Characteristic Decay Class Code 1 2 3 4 5 Bark Intact Intact Trace Absent Absent Twigs<1.2 in. Present Absent Absent Absent Absent Texture Intact Intact to Hard,large Small,soft Soft and softening feces blocky pieces powdery Shape Round Round Round Round to oval Oval Color of wood Original color Original color Original to Light brown to Red brown to faded color reddish brown dark brown Portion on ground Log elevated on Log elevated on Log sagging All of log on All of log on support points support points, near ground ground ground but sagging slightly Invading roots None None In sapwood In heartwo2L_L In heartwood 14 DRAFT:Subject to Change Appendix A.3 The Walk Through Method For Edge Plots by Kim Iles ( Reprinted from John Bell & Associates Inventory&Cruising Newsletter) There was a recent article, August, 2004 in the journal Forest Science, that was really useful — although perhaps not very readable, which is a common situation in Forest Science_ I would like to bring it to your attention, if you have not already heard about it from the OSU short course or my book (which is the only discussion in a forest measurements book so far)_ The article was about the "Walkthrough Method'. This is one of those happy times when a practical problem produces a practical solution from the forest research community_ The authors deserve real credit for one of the best ideas in a long time. The method works with curved borders, small patches inside the stand,typed-out roads, and all those situations that make most other edge-effect methods impractical or make them incorrect Try it You'll like it It works with Variable or Fixed Plots_ It is easy to teach,and easy to learn_ Every plot follows the same procedure_ For any "in" tree, measure the distance ("d` in the illustration below)from the sample point to the tree, then duplicate that distance on the other side. If you fall outside the sample area at the end of this duplicated distance, record that tree twice_ In most cases, you can simply estimate the distance, or the situation is obvious when you are not even near the sample area border_ This double counting makes it the "WaWthromb""Method simple to do the Equal distance computations, and computer "throW tree is -^' ``�. programs do not require any outside tract. so ��� .,..••'' modifications_ For count record it twice ;---_ +� trees, you would just count ..* .� the tree twice_ For measured trees, record it as Tract d two identical measured trees. Boundary • TZee Sample You will only have to check Point inside a few trees. Most of the Tree situations will be obvious. Circle the tract One advantage is that you do not actually have to go beyond the sample area border (a good thing with rivers, cliffs, and swamps), you just need to know that you would fall outside the sample area at that distance_ The idea is shown in the illustration at the right. 15 DRAFT: Subject to Change Example of how the geometry-works Areas outside the tract but inside i the tree circle. i Sample points can i never land there_ Areas are duplicated r inside each tree circle_ She tree is counted mice if the sample point lands there_ What is really happening here? The key to the system is that any part of the tree circle around each tree that falls outside the sample area is"duplicated" by rotating it 180 degrees. If the sample point falls into the duplicated part,you count the tree twice(that is what the process of'walking through"the tree is detecting). The number of times you count it twice makes up for the number of times a sample point would not fall into the part of the tree circles lying outside the area being sampled. The geometry may be a bit odd, but the field procedures are really simple: It is hard to imagine a simpler process, or a more flexible one. If the sampled area is really narrow,or when you are in comers of the tract, the process is not exactly correct— but much of the bias that is caused by edge effect is accommodated even in these circumstances. Reports from the field have been very positive, and the procedure is fast becoming a standard for companies and government organizations. 16 DRAFT:Subject to Change 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: June 21, 2022 Agenda Item # BRIEFING DATE: June 6, 2022 BRIEFING PRESENTED BY: Richard Dickinson/Loretta Swanson [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Grant Appropriation for Rustlewood Water System Upgrade Project BACKGROUND: Governor Inslee recently signed a 2022 Supplemental State Capital Budget, which includes an appropriation of $550,000 for the Rustlewood Water System Upgrades project. This project will address water quality issues, update and improve drinking water system reliability and safety for the community of Rustlewood. Reservoir, wellfield and system pressurization electrical and control to be brought up to current electrical code compliance standards through rewiring and critical component replacements. This project will also include replacing/relocating a distribution system pressure reducing valve (PRV) that has failed. The Department of Commerce will retain three percent (up to a maximum of $50,000) for administering the project to cover administrative cost. The net grant award will be $533,500. The grant funding will cover the project 100%. RECOMMENDED OR REQUESTED ACTION: Recommend the Board and/or Chair be authorized to execute all related documents for the Infrastructure Project grant appropriation funding for the County Rustlewood Water System Upgrades project. ATTACHMENTS: 1. Grant Questionnaire 2. Contract Readiness Survey 3. Dept. of Commerce Letter Mason County GRANT QUESTIONNAIRE Date: 05/25/2022 Office/Department: Public Works Contact Person: Richard Dickinson 1. Name of Grant/Program: Infrastructure Assistance Project Program 2. New Grant X Renewing Grant _ Term (# of years) 3. Is the grant unchanged, and does not require Current Expense funding? (If Y, please skip to number 24) Y _ N How will this grant benefit the County's citizens? This project will result in potentially reduced expenses at the Rustlewood water system due to increased reliability. It will also reduce the County's overall liability by reducing the static water pressure to downstream customers' homes where pressures are above the prescribed static water pressure limits. 5) Is this a program grant or an equipment grant? 6) Is this a "one-time only grant" or is it renewable? If renewable, how long is grant anticipated to last? One-time only grant, for costs incurred for Rustlewood water system upgrades during the period of July 1, 2021 thru June 30. 2023. 7) If this is a new grant how will the grant support a current program OR how will the program change? No effect. 8) Does this grant require up front funds? Y N X If so, what is the source of the up-front funds needed to cover costs prior to initial and continuing reimbursements being received? 9) How many employees (new or current) will be paid by the grant? New 0 Current 0 a. If this grant requires new hire(s) and grant ends, how will unemployment costs be funded? Page 1 10) Will the grant require matching funds; i.e., in-kind, cash, Employment Security, Social Security, FICA, PERS, etc? Y _ N X If so, what? Would the grant allow for an annual COLA in salary, increase in medical insurance premiums or increases in any personnel benefits? 11) What fund would support a cash match (if required)? None. 12) If required what is the TOTAL cost of the match over the life of the grant? N/A Design $ Right of Way $ Construction $ Contingencies $ Total $ Grant Request - $0 13) What fund would support the administration of the grant? U&W Fund 411. 14) Will the grant allow for the County cost allocation plan to be funded? No. 15) Would the grant require the county to provide office space and/or additional equipment to administer the program? Y _ N X If so, what are the requirements? 16) Would the program require use of a county vehicle or personal vehicle? Y _ N X 17) If so, would the grant provide for the cost of the automobile and/or liability insurance? Y N X 18) Would the grant require activities by other county offices/departments? (i.e. legal review, technology services assistance, new BARS numbers.) Y_ N X If so, what activities? 19) Would acceptance and completion of the grant project in any way OBLIGATE the County to create/enact new ordinance or policies? Y _ N X If so, what obligations? 20) Does this grant project include any activities that may fall outside the county's standard policies (personnel policies on travel, hours of work, training required, reimbursement for meeting refreshments, paying for meeting space, etc.?) No. Page 2 21) Will outside consultants be solicited to work on the grant and if so, is a process in place for appropriate selection and oversight of consultant activities? Y _ N X If so, what is the funding source for consultant fees? 22) For a program grant, how would the program be funded after the grant expires? (It should be understood that once grant funding ends, either the program ceases OR the funding for the program needs to be absorbed within the department's or office's existing budget) OR justification must be provided that the program has been and will continue to save or benefit taxpayers. Grant will cover upgrades to the facility during the period of July 1, 2021 thru June 30, 2023. 23) Please provide (attached to questionnaire) a synopsis of the grant or a copy of the fact sheet. See attached. Please feel free to submit additional information as needed. Official signature of requesting office/department: zvs� /� /zv2 Elected Official/Department Head Date Approved by: Chair, Board of County Commissioners Date Page 3 Section 1 General Information 1.1 Source of Funds On March 31, 2022, Governor Inslee signed into law the 2022 Supplemental Capital Budget. Within that budget you received a direct Infrastructure Project grant appropriation. This award is state funded, and no federal funding is involved. We strive to administer funds expediently and with a minimum of red tape. We do so within the policies and procedures established by the Legislature, the Office of Financial Management, the Treasurer, Commerce, and the Office of the Attorney General. 1.2 Period of Performance Infrastructure Assistance Projects funded with State Funds may only be used to cover eligible costs incurred during the period of July 1, 2021 thru June 30, 2023. Washington operates under a biennial (or two-year) budget. Each appropriation in the 2022 Supplemental Capital Budget must, by law, lapse at the close of the biennium (June 30, 2023). Since many projects take more than two years to complete, Commerce will automatically request a reappropriation of any unspent funds. However, we cannot guarantee that the Legislature will agree to extend funding, nor can we legally obligate funds from one biennium to another. Grant recipients are advised to discuss pending reappropriation with their legislators prior to the beginning of the legislative session in which the reappropriation is expected to occur. 1.3 Funding Restrictions Grant funds can only be used to cover costs as contemplated and awarded by your elected officials. This information was previously submitted to the Governor, or your Senator or Representative and has been forwarded to Commerce for administration. Grants are Subject to an Administrative Fee The Department of Commerce is authorized to retain funds from each award to cover all administration costs (this is our sole source of funding; we receive no state General Fund dollars). We will be deducting three (3%) percent (capped at $50,000) per contract from the 2021-2023 grants. The project budget included in your grant contract will use this net grant amount rather than the total appropriation. All project eligibility and pre-contracting conditions must be met prior to executin_g a contract and before any funds are reimbursed. 3 . ' Washington State Coerce Washington State Capital Budget Contract Readiness Survey For Local Community Projects, Infrastructure Assistance, Ports, and Work, Education, Health Monitoring Projects Grantee: Mason County Project Title: Rustlewood Water System Upgrades Contract Number: 22-96515-049 Net Grant Amount: $533,500.00 Instructions: Before you can receive funds, a contract will need to be executed between your organization and the state. Contract development generally takes four to six weeks once you have met all pre-contracting requirements. Please follow these steps to get the process started: 1. Completely fill out the survey questions by typing your responses in the electronic version of this form; 2. Have the Grantee Certification (last page) signed by the person authorized to sign contracts for your organization; 3. Attach documentation for committed funds (copies of award letters, council appropriations, etc.), if applicable; 4. A separate email will be sent for the 21-02 Cultural Review, from Connie Rivera, Section Manager, Connie.rivera(aD-commerce.wa.gov or (360) 704-9535. 5. Compile and email these documents to your Project Manager, Lena Moore, Lena.moorea-Commerce.wa.gov or (360) 764-0632. If you have any questions or need additional information, please contact: Connie Rivera, Infrastructure Assistance Section Manager, Community Assistance and Research Unit (360) 704-9535 or Connie.riveraa-commerce.wa.gov. All grantees are required to set up an SWV number so funds can be sent electronically. Please find detailed instructions here: Office of Financial Management. It may take up to three weeks after you submit this information for an electronic transfer account to be set up. You may immediately submit your working papers survey to us; we will automatically receive your SWV number from the office that sets them up. Thank you for your assistance in making this contract-writing process as quick and easy as possible! SECTION 1. GENERAL INFORMATION 1.1 Grantee (Complete Legal Name) Mason County PW Utilities and Waste Management Government Publicly-Owned ❑ Private Non-Profit 1.2 j Type of Organization ❑ Tribal Statewide Vendor Number(if Fiscal Year End 1.3 SWV0001893-03 12/31 available) _ (mm/dd): 1.4 uBl# 232-002-101 1.5 Project Street Address Madrona PKWY, Grapeview, WA 98546- .................._., _ _ _ _ 1 6 ' Project Mailing Address 100 W Public Works Drive, Shelton, WA 98584- __...._�._..__ ... ._._.._ --- ....... __..._.. .....-- _..--- . __ _..._ 1.7 County Mason ...__.........._..__ ......... ......- — 1 8 Project Jurisdiction (county, city, County town) 1.9 Legislative District 35 1.10 Congressional District 6 ......_._ ----............-- ............._...._ ....._... ......... ..__--- 1.11 which legislator(s)took the lead in Sen. Tim Sheldon introducing your appropriation? Authorized Person to Sign Contract Kevin Shutty _ ......... ....----- --........................ ....— Authorized Signatory Title Chair, Board of Commissioners 1.12 Mailing Address (if different from project WA - mailing address above) Telephone (360) 427 9670 email KShutty@masoncountywa.gov 1.13 Are you able to utilize DocuSign, to sign Yes X or, No your contract? Attorney's name (to review the contract Tim Whitehead and sign) 1.14 Firm/Title Mason County / Deputy Prosecuting Attorney Email TimW@masoncountywa.gov Person Administering the Grant (Project Manager, once contract is Richard L Dickinson signed) 1.15 Mailing Address (if different from project WA - mailing address above) Telephone (360) 427-9670 Email rdickinson@masoncountywa. gov SECTION 2. PROJECT INFORMATION PROJECT DESCRIPTION 2.1 Please describe the project's anticipated use and public benefit. Project will update and improve drinking water system quality, reliability and safety for the community of Rustlewood. Reservoir, wellfield and system pressurization electrical and control to be brought up to current electrical code compliance standards through rewiring and critical component replacements. Source water quality testing and characterization. Project will also include replacing/relocating a distribution system pressure reducing valve that has failed. This is a potential safety issue as static line pressure is in some cases exceeding prescribed limits. 2.2 Is this project part of a larger, phased project? If YES, explain how this phase fits in the ❑ YES NO overall project. j 2.3 Project GPS Coordinates (approximate center of project location)The latitude-longitude coordinates https://www.gps-coordinates.net/. A written description of the specific roads, streets, neighborhoods, or other bounding information describing the project area with specificity. Latitude 47.284795, Longitude -122.92949 E Madrona Parkway, Nearest Cross street is E Sea Vista Lane SITE CONTROL 2.4 Do you have control of the project site either through ownership or through a long-term lease (at least 10 years)? If NO, please explain and include the date you expect to meet this condition. ® YES ❑ NO IMPORTANT: Site control is required before we can begin writing the contract. GOVERNOR EXECUTIVE ORDER 21.02(EO 21-02)CULTURAL& HISTORICAL RESOURCES REVIEW(OR SECTION 106) 2.5 Does your project involve pre-construction, land acquisition, ground disturbance, or construction or rehabilitation of a building over 45 years old? ❑ Pre-Construction If YES and your project includes only state and local funds, you will need to go through ❑ Land Acquisition the EO 21-02 review process. 2.5a If NO, please explain. ❑ Ground Disturbance Does your project include other federal funds? ❑ YES ® NO ❑ Building Over 45 If YES, you will need to go through the Section 106 review process. Years Old IMPORTANT: If EO 21-02 (or Section 106) applies to your project,you will need to complete this review before we can execute the contract.' The EO 21-02 requires recipients of state funds to consult with interested parties, i.e., Department of Archaeology and Historic Preservation, and Indian Tribes, prior to starting project construction. If your project funding includes other federal funds (from Ecology (CWSRF), Department of Health (DWSRF), Section 106 (National Historic Preservation Act)will be required,which supersedes the EO 21-02 review.These consultations should take place as early as possible in order to avoid delays in starting your project. If you have questions regarding the cultural and historic resources process, please contact Connie Rivera at(360-704-9535 or connie.rivera@commerce.wa.gov. PREVAILING WAGE 2.6 If your project includes new construction or renovation, do you understand and acknowledge that you are required to pay state prevailing wages for all construction- ® YES related work. SCOPE OF WORK 2.7 Describe all the activities and deliverables needed to accomplish this project. IMPORTANT: Provide a description of the project along with the estimated start and end date. Your Scope of Work must correspond with your application or member request and will become part of your contract. Reservoir, wellfield and system pressurization electrical and control to be brought up to current electrical code compliance standards through rewiring and critical component replacements. Source water quality testing and characterization. Project will also include replacing/relocating a drinking water distribution system pressure reducing valve that has failed. This is a potential safety issue as static line pressure is in some cases exceed prescribed limits. PROJECT COSTS 2.8 Only complete the Project Costs table below if your budget is finalized(all funding is secured). A list of eligible and ineligible costs is included in the Infrastructure Projects Program Guidelines. IMPORTANT: Your Total Project Costs must equal your Total Funding in Question 2.9. The cost categories must correspond with the activities listed on your Scope of Work. The Project Cost table will become part of your contract. Please note that this is a reimbursement grant: only costs incurred after the date project funds were awarded will be reimbursed (July 1 of year appropriated). A finalized budget (when all funding is secured) is required before we can begin writing the contract. Note: Internal project management is NOT an eligible cost for reimbursement. Cost Category Amount Archeological/Historical review 5000 Building Permits/Fees 1000 Capitalized Equipment 80000 Construction Labor and Materials 100000 Construction Management 30000 Demolition/Site Preparation 59000 Design, Architecture and Engineering Work 20000 Information Technology Infrastructure (cables and wiring) 50000 Site Acquisition Other: TOTAL - • COSTS *Costs directly associated with property acquisition include appraisal fees, title opinions, surveying fees, real estate fees, title transfer taxes, easements of record, and legal expenses. PROJECT FUNDING 2.9 Complete the table below listing the amounts and funding sources for this project. State the status of your funding sources as follows: ■ Committed: funds are considered committed if a formal notice of approval for the funds is in place from the funding source. Local Revenue must be in an approved budget or be appropriated by your council or commission to be considered committed. Attach documentation such as copies of award letters, council appropriations, etc. ■ In-Hand: funds are considered in-hand if you have already received the funds. IMPORTANT: Your Total Project Funding must equal your Total Project Costs in Question 2.8.The Project Funding table will become part of your contract. You are required to have full funding for your project(or project phase) by either having the funds in-hand or by showing that the funds are committed, prior for us to issue a contract. Status . (Committed i State Grant Department of Commerce $535,000.00 Committed Other Funds (e.g. State, Federal, Local, Grants, Private, Loans) Total Other. TOTAL - • CONTINGENCIES 2.10 Are there contingencies that could change your answer 11 s to an 1.y of the questions above? If so, please briefly explain. For example Project description, site control, scope of work, financing, etc. SECTION 3. COST REIMBURSMENT PROJECTIONS INFORMATION PROJECTIONS --. 3.0 Please estimate how much of your award you plan to request during the upcoming quarters. This information is used for program budgeting purposes only and is not binding. Fiscal Year 2022 April 1 —June 30, 2022 $100'000 Total $100,000 __. ........ _....... - .... - .................... ll _ - l Fiscal Year 2023 July 1 - Se tp ember 30, 2022 $100,000 October 1 - December 31, 2022 $50,000 --- - January 1 - March 31, 2023 $30000 - --- April 1 -June 30, 2023 $100000 - i Total $280,000 Fiscal Year 2024 ........... — -- Jul 1 -September 30, 2023 $170,000 October 1 - December 31, 2023 January 1 -March 31, 2024 April 1 —June 30, 2024 Total $170,000 ...._.. ........ _ ....... .._ .................. i Fiscal Year 2025 Jul 1 - Se tember 30, 2024 Y -p—-- -.. ... October 1 - December 31, 2024� January 1 -March 31, 2025 April 1 —June 30 2025 ....... ......... ..... — Total ....._..._ -- --- SECTION 4. LEED INFORMATION LEED Certification Declaration,2021.2023 Capital Budget Grant Programs 4.0 Directions: All recipients of state Capital Budget grants are required to complete this section IMPORTANT: As part of your contracting process,you are required to certify your capital project will comply with RCW 39.35D and be built to the LEED silver standard where "practicable."z LEED(LEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN)CERTIFICATION 4.1 Does your project include new construction or renovation of a building or facility? ❑ YES ® NO 1 If YES, indicate if you entered the LEED certification process with the goal of your facility obtaining the silver standard and provide proof of documentation form your architect. Is your project an exempt facility type? 4.2 Does your project only involve a land acquisition and does not include any construction, i or renovation of a building or facility? ❑ YES ® NO If Yes,you are exempt and sign the certification on the last page. 4.3 If your project is a new construction, is it less than 5,000 gross square feet of occupied or conditioned space3? ❑ YES ® NO If Yes,what is the square footage? 4.4 If your project is a renovation, is it less than 50 percent of the facility's assessed value4, and less than 5,000 gross square feet of occupied or conditioned space? ❑ YES ® NO If Yes,what is the square footage? If Yes, what is the What is the facility's renovation total budget? $ assessed value? $ 4.5 Is your facility a transmitter building, pumping station, hospital, or research facility5? ❑ YES ® NO Is it a similar building type? If Yes, describe below. ® YES ❑ NO Part of the project is replacing the wiring and possibly pumps, if needed, that pressurize the water system. We are doing no work to the building itself. You are exempt if you answered Yes to ANY questions above. 2 LEED is a certification program run by the U.S. Green Building Council. In 2005 the Washington State Legislature passed a law requiring all capital projects grant recipients to comply with the LEED standards (RCW 39.35D). The goal is for major construction or renovation projects receiving state funds to be built to the LEED silver standard where"practicable." Projects that fall under certain facility types and projects demonstrating that it would not"be practicable"to meet the LEED silver standard may qualify for a LEED exemption. If you have questions regarding the LEED process, please contact your project manager. 3 Gross square feet as defined by the Washington State Energy Code. 4 Assessed value includes the building and land. 5 Primarily used for sponsored laboratory experimentation, laboratory research, or laboratory training in research methods. SECTION 5. MISCELLANOUS INFORMATION Risk Assessment 5.0 Mark an "X" in the orange box that corresponds to your organization's answer to the question. Local Government's experience administering state funds. Please mark only one answer. 0 -1 year 1 —2 years 3+ years X Do you have an accounting system that is capable of recording revenues and expenditures for each funding source/award by required budget categories? Please mark only one answer._ Yes X No Do you have written accounting policies and procedures? Please mark only one answer. Yes X No Have you received a single audit finding in the last 3 years? Please mark only one answer. Yes X No Have you sub-contracted any state funds to a sub-recipient, for this contract? Please mark only one answer. Yes No X If yes to the above question, how much funding has been sub-contracted to a sub-recipient? Please mark only one answer. >$1,000,000 $1,000,001 -$2,000,000 $2,000,001 -$5,000,000 $5,000,001 - $10,000,000 $10,000,001+ What forms of technical assistance have you received from the Department of Commerce? Select all that apply. None Email Correspondence X 1 on 1 meeting X Small Group meeting X Commerce Webinar X GRANTEE CERTIFICATION The Grantee certifies that: ■ The information and financial data provided in this document are true and correct to the best of their belief and knowledge and it is understood that Commerce staff may independently verify information, and that the discovery of incomplete, false, and/or misleading information is grounds for withholding awarded funds or termination of grant contract; ■ Records supporting the information provided in this document are on file and will be made available by the Grantee upon request; ■ There are no outstanding liens against this project; ■ There is currently no litigation in existence seeking to enjoin the commencement or completion of the above-described project; ■ The Grantee, certifies that all of the information provided complies with RCW 39.35D requiring major construction or renovation projects receiving state funds to be built to the LEED silver standard where "practicable and is accurate and complete to the best of their knowledge. The Grantee understands that The Department of Commerce staff may independently verify information provided, and that the discovery of incomplete, false, and/or misleading information is grounds for withholding awarded funds; and ■ The Grantee intends to enter into a grant contract with the Department of Commerce, provided that the terms and conditions for a Department of Commerce grant are satisfactory to both parties. Signed: Name: Title: Phone Number: Date: -�s �x STATE OF WASHINGTON DEPARTMENT OF COMMERCE 1011 Plum Street SE • PO Box 42525•Olympia, Washington 98504-2525•360-725-4000 www.commerce.wa.gov May 16, 2022 Richard Dickinson Mason County 100 W Public Works Drive Shelton, WA 98584 Dear Richard: Congratulations! Governor Inslee recently signed the 2022 Supplemental State Capital Budget, which includes an appropriation of$550,000.00 for the Rustlewood Water System Upgrades project.The Department of Commerce, which will administer the project,will retain three percent(up to a maximum of$50,000)to cover our administrative costs.Accordingly,your net grant award will be $533,500.00. Prior to receiving funds,your organization will need to fulfill the following requirements: • Provide documentation of your organization's financial ability to complete the project.All funds from sources other than the state must be expended, raised, or secured by documented pledges or loans. • For nonprofit grantees, any property relevant to the project must be owned or secured by a long-term lease that remains in effect for a minimum of ten years following the final payment date. A lien on owned property is also required when receiving grants of$250,000 or more. • Prevailing wages must be paid for all construction labor costs incurred as applicable. • Review by the Washington State Department of Archaeology and Historic Preservation and any affected Tribes(Governor's Executive Order 21-02). • Your project may also need to comply with the state's LEED green buildings standards (RCW 39.35D). Soon you will receive the Contract Readiness Survey form and 21-02 Cultural Resources Review instructions,these are the pre-contract conditions that need to be completed, please complete and submit as soon as possible.The contracting process is not initiated until the pre-contracting conditions have been met. Enclosed is Infrastructure Projects Program Guidelines to assist you with the process. If you need additional information, please contact your Project Manager, Lena Moore, at 360.764.0632 or lena.moore@commerce.wa.gov or me at 360.704.9435 or by email connie.rivera@commerce.wa.gov. Sincerely, 0 .. , Connie Rivera, Infrastructure Section Manager Community Assistance & Research Unit 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: June 21, 2022 Agenda Item #6e--- BRIEFING DATE: June 6, 2022 BRIEFING PRESENTED BY: Richard Dickinson/Loretta Swanson [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Grant Appropriation for Belfair Water Reclamation Facility (Debt relief) Project BACKGROUND: Governor Inslee recently signed a 2022 Supplemental State Capital Budget, which includes an appropriation of $500,000 for Debt relief for the Belfair Wastewater System. The Department of Commerce will retain three percent (up to a maximum of $50,000) for administering the project to cover administrative cost. The net grant award will be $485,000. RECOMMENDED ACTION: Recommend the Board and/or Chair be authorized to execute all related documents for the Infrastructure Project grant appropriation funding for Belfair Water Reclamation Facility (debt relief) project. ATTACHMENTS: 1. Grant Questionnaire 2. Contract Readiness Survey 3. Dept. of Commerce Letter Mason County GRANT QUESTIONNAIRE Date: 05/25/2022 Office/Department: Public Works Contact Person: Richard Dickinson 1. Name of Grant/Program: Infrastructure Assistance Project Program 2. New Grant X Renewing Grant _ Term (# of years) 3. Is the grant unchanged, and does not require Current Expense funding? (If Y, please skip to number 24) Y _ N How will this grant benefit the County's citizens? This grant will pay off two current department of Ecology loans for the Belfair Wastewater Utility. The remaining funds will be used to offset the demand for REET2 funds otherwise required by the Belfair WW utility. 5) Is this a program grant or an equipment grant? 6) Is this a "one-time only grant" or is it renewable? If renewable, how long is grant anticipated to last? One-time only grant, for debt relief at the Belfair Wastewater Utility 7) If this is a new grant how will the grant support a current program OR how will the program change? No effect. 8) Does this grant require up front funds? Y _ N X If so, what is the source of the up-front funds needed to cover costs prior to initial and continuing reimbursements being received? 9) How many employees (new or current) will be paid by the grant? New 0 Current 0 a. If this grant requires new hire(s) and grant ends, how will unemployment costs be funded? Page 1 10) Will the grant require matching funds; i.e., in-kind, cash, Employment Security, Social Security, FICA, PERS, etc? Y _ N X If so, what? Would the grant allow for an annual COLA in salary, increase in medical insurance premiums or increases in any personnel benefits? 11) What fund would support a cash match (if required)? None. 12) If required what is the TOTAL cost of the match over the life of the grant? N/A. Design $ Right of Way $ Construction $ Contingencies $ Total $ Grant Request - $0 13) What fund would support the administration of the grant? U&W Fund 413. 14) Will the grant allow for the County cost allocation plan to be funded? No. 15) Would the grant require the county to provide office space and/or additional equipment to administer the program? Y N X If so, what are the requirements? 16) Would the program require use of a county vehicle or personal vehicle? Y _ N X 17) If so, would the grant provide for the cost of the automobile and/or liability insurance? Y N X 18) Would the grant require activities by other county offices/departments? (i.e. legal review, technology services assistance, new BARS numbers.) Y N X If so, what activities? 19) Would acceptance and completion of the grant project in any way OBLIGATE the County to create/enact new ordinance or policies? Y _ N X If so, what obligations? 20) Does this grant project include any activities that may fall outside the county's standard policies (personnel policies on travel, hours of work, training required, reimbursement for meeting refreshments, paying for meeting space, etc.?) No. Page 2 21) Will outside consultants be solicited to work on the grant and if so, is a process in place for appropriate selection and oversight of consultant activities? Y _ N X If so, what is the funding source for consultant fees? 22) For a program grant, how would the program be funded after the grant expires? (It should be understood that once grant funding ends, either the program ceases OR the funding for the program needs to be absorbed within the department's or office's existing budget) OR justification must be provided that the program has been and will continue to save or benefit taxpayers. This is a debt relief appropriation grant. 23) Please provide (attached to questionnaire) a synopsis of the grant or a copy of the fact sheet. See attached. Please feel free to submit additional information as needed. Official signature of requesting office/department: Elected Official/Department Head Date Approved by: Chair, Board of County Commissioners Date Page 3 Section 1 General Information 1.1 Source of Funds On March 31, 2022, Governor Inslee signed into law the 2022 Supplemental Capital Budget. Within that budget you received a direct Infrastructure Project grant appropriation. This award is state funded, and no federal funding is involved. We strive to administer funds expediently and with a minimum of red tape. We do so within the policies and procedures established by the Legislature, the Office of Financial Management, the Treasurer, Commerce, and the Office of the Attorney General. 1.2 Period of Performance Infrastructure Assistance Projects funded with State Funds may only be used to cover eligible costs incurred during the period of July 1, 2021 thru June 30, 2023. Washington operates under a biennial (or two-year) budget. Each appropriation in the 2022 Supplemental Capital Budget must, by law, lapse at the close of the biennium (June 30, 2023). Since many projects take more than two years to complete, Commerce will automatically request a reappropriation of any unspent funds. However, we cannot guarantee that the Legislature will agree to extend funding, nor can we legally obligate funds from one biennium to another. Grant recipients are advised to discuss pending reappropriation with their legislators prior to the beginning of the legislative session in which the reappropriation is expected to occur. 1.3 Funding Restrictions Grant funds can only be used to cover costs as contemplated and awarded by your elected officials. This information was previously submitted to the Governor, or your Senator or Representative and has been forwarded to Commerce for administration. Grants are Subject to an Administrative Fee The Department of Commerce is authorized to retain funds from each award to cover all administration costs (this is our sole source of funding; we receive no state General Fund dollars). We will be deducting three (3%) percent (capped at $50,000) per contract from the 2021-2023 grants. The project budget included in your grant contract will use this net grant amount rather than the total appropriation. All project eligibility and pre-contracting conditions must be met prior to executing a contract and before any funds are reimbursed. 3 . Washington State Coerce Washington State Capital Budget Contract Readiness Survey For Local Community Projects, Infrastructure Assistance, Ports, and Work, Education, Health Monitoring Projects Grantee: Mason County Project Title: Belfair WRF Debt Relief Contract Number:22-96515-013 Net Grant Amount: $485,000.00 Instructions: Before you can receive funds, a contract will need to be executed between your organization and the state. Contract development generally takes four to six weeks once you have met all pre-contracting requirements. Please follow these steps to get the process started: 1. Completely fill out the survey questions by typing your responses in the electronic version of this form; 2. Have the Grantee Certification (last page) signed by the person authorized to sign contracts for your organization; 3. Attach documentation for committed funds (copies of award letters, council appropriations, etc.), if applicable; 4. A separate email will be sent for the 21-02 Cultural Review, from Connie Rivera, Section Manager, Connie.rivera(.a-)commerce.wa.gov or (360) 704-9535. 5. Compile and email these documents to your Project Manager, Lena Moore, Lena.mooreCc�Commerce.wa.gov or (360) 764-0632. If you have any questions or need additional information, please contact: Connie Rivera, Infrastructure Assistance Section Manager, Community Assistance and Research Unit (360) 704-9535 or Connie.rivera(cD-commerce.wa.gov. All grantees are required to set up an SWV number so funds can be sent electronically. Please find detailed instructions here: Office of Financial Management. It may take up to three weeks after you submit this information for an electronic transfer account to be set up. You may immediately submit your working papers survey to us; we will automatically receive your SWV number from the office that sets them up. Thank you for your assistance in making this contract-writing process as quick and easy as possible! SECTION 1. GENERAL INFORMATION 1.1 Grantee (Complete Legal Name) Mason County PW Utilities and Waste Management ® Government ❑ Publicly-Owned ❑ Private Non-Profit 1.2 Type of Organization ❑ Tribal 1.3 Statewide Vendor Number(if SWV0001893-03 Fiscal Year End 12/31 available) (mm/dd).- 1.4 UBI# 232-002-101 _ ........ ........ ......... .._....__ 1.5 Project Street Address , Belfair, WA 98528- 1.6 Project Mailing Address 100 W Public Works Dr, Shelton, WA 98584- 1.7 County Mason ....... ................... ...............-... ---------......_ _................ _......-- 1 8 Project Jurisdiction (county, city, County town) 1.9 Legislative District 35 1.10 Congressional District 6 --- ... ... .......... ......... 1.11 Which legislator(s)took the lead in Sen Tim Sheldon introducing your appropriation? Authorized Person to Sign Contract Kevin Shutty Authorized Signatory Title Chair, Board of Commissioners 1.12 ----Mailing Address (if different from project - ------...._...._..----..._.........................--...._......_......_....................................__............_.....----- � � - mailing address above) WA Telephone (360) 427-9670 Email KShutty@masoncountywa.gov 1.13 Are you able to utilize DocuSign, to sign Yes X or, No your contract? Attorney's name (to review the contract Tim Whitehead and sign) 1.14 Firm/Title Mason County Deputy Prosecuting Attorney ......... ......... - -- Email TimW@masoncountywa.gov Person Administering the Grant (Project Manager, once contract is Richard L Dickinson signed) 1.15 Mailing Address (if different from project WA - mailing address above) l rdickinson@masoncountywa. Telephone (360) 427-9670 Emai _ gov __ SECTION 2. PROJECT INFORMATION PROJECT DESCRIPTION 2.1 Please describe the project's anticipated use and public benefit. Debt relief 2.2 Is this project part of a larger, phased project? If YES, explain how this phase fits in the ❑ YES ® NO overall project. 2.3 Project GPS Coordinates (approximate center of project location) The latitude-longitude coordinates https://www.gps-coordinates.net/. A written description of the specific roads, streets, neighborhoods, or other bounding information describing the project area with specificity. Lat: 47.446787, Long: -122.811602. Wastewater Treatment Facility is directly SE of the town of Belfair. SITE CONTROL 2.4 Do you have control of the project site either through ownership or through a long-term lease (at least 10 years)? If NO, please explain and include the date you expect to meet this condition. ® YES ❑ NO IMPORTANT: Site control is required before we can begin writing the contract. GOVERNOR EXECUTIVE ORDER 21.02(EO 21-02)CULTURAL& HISTORICAL RESOURCES REVIEW(OR SECTION 106) 2.5 Does your project involve pre-construction, land acquisition, ground disturbance, or construction or rehabilitation of a building over 45 years old? ❑ Pre-Construction If YES and your project includes only state and local funds, you will need to go through ❑ Land Acquisition the EO 21-02 review process. 2.5a! If NO, please explain. ❑ Ground Disturbance Does your project include other federal funds? ❑ YES ® NO ❑ Building Over 45 If YES, you will need to go through the Section 106 review process. Years Old IMPORTANT: If EO 21-02 (or Section 106) applies to your project, you will need to complete this review before we can execute the contract.' ' The EO 21-02 requires recipients of state funds to consult with interested parties, i.e., Department of Archaeology and Historic Preservation, and Indian Tribes, prior to starting project construction. If your project funding includes other federal funds (from Ecology (CWSRF), Department of Health (DWSRF), Section 106 (National Historic Preservation Act)will be required,which supersedes the EO 21-02 review.These consultations should take place as early as possible in order to avoid delays in starting your project. If you have questions regarding the cultural and historic resources process, please contact Connie Rivera at(360-704-9535 or connie.rivera@commerce.wa.gov. PREVAILING WAGE 2.6 If your project includes new construction or renovation, do you understand and acknowledge that you are required to pay state prevailing wages for all construction- ❑ YES related work. SCOPE OF WORK 2.7 Describe all the activities and deliverables needed to accomplish this project. IMPORTANT: Provide a description of the project along with the estimated start and end date. Your Scope of Work must correspond with your application or member request and will become part of your contract. Debt Relief PROJECT COSTS 2.8 Only complete the Project Costs table below if your budget is finalized(all funding is secured). A list of eligible and ineligible costs is included in the Infrastructure Projects Program Guidelines. IMPORTANT: Your Total Project Costs must equal your Total Funding in Question 2.9. The cost categories must correspond with the activities listed on your Scope of Work. The Project Cost table will become part of your contract. Please note that this is a reimbursement grant: only costs incurred after the date project funds were awarded will be reimbursed (July 1 of year appropriated). A finalized budget(when all funding is secured) is required before we can begin writing the contract. Note: Internal project management is NOT an eligible cost for reimbursement. Cost Category Amount Archeological/Historical review Building Permits/Fees Capitalized Equipment Construction Labor and Materials Construction Management Demolition/Site Preparation Design, Architecture and Engineering Work Information Technology Infrastructure (cables and wiring) Site Acquisition * Other: Debt relief 485000 TOTALR• COSTS *Costs directly associated with property acquisition include appraisal fees, title opinions, surveying fees, real estate fees, title transfer taxes, easements of record, and legal expenses. PROJECT FUNDING 2.9 Complete the table below listing the amounts and funding sources for this project. State the status of your funding sources as follows: ■ Committed: funds are considered committed if a formal notice of approval for the funds is in place from the funding source. Local Revenue must be in an approved budget or be appropriated by your council or commission to be considered committed. Attach documentation such as copies of award letters, council appropriations, etc. ■ In-Hand: funds are considered in-hand if you have already received the funds. IMPORTANT: Your Total Project Funding must equal your Total Project Costs in Question 2.8. The Project Funding table will become part of your contract. You are required to have full funding for your project(or project phase) by either having the funds in-hand or by showing that the funds are committed, prior for us to issue a contract. Status . (Committed State Grant Department of Commerce $485,000 Committed Other Funds (e.g. State, Federal, Local, Grants, Private, Loans) Total Other: TOTAL - • CONTINGENCIES 2.10 Are there contingencies that could change your answers to any of the questions above? If so, please briefly explain. For example: Project description, site control, scope of work, financing, etc. SECTION 3. COST REIMBURSMENT PROJECTIONS INFORMATION PROJECTIONS 3.0 Please estimate how much of your award you plan to request during the upcoming quarters. This information is used for program budgeting purposes only and is not binding. Fiscal Year 2022 April 1_June 30, 2022 485,000 Total 485,000 .... ._ .............................................. Fiscal Year 2023 July 1 -September 30, 2022 October 1 -December 31, 2022 January 1 -March 31, 2023 _ ----- - April 1 -June 30, 2023 Total __.._..... __ ................ ....------ . -- ------ -...--.................................... ---- ------- -.. Fiscal Year 2024 July 1 - September 30, 2023 I October 1 - December 31 2023 January 1 March 31, 2024 A ril 1 -June 30, 2024 Total ll -_... ..__. ..... ....... _..._ -- --- ..__.... .....i ...... ........... ... Fiscal Year 2025 July 1 -September 30, 2024 October 1 -December 31, 2024 January 1 -March 31, 2025 April 1 -June 30, 2025 Total I ..... - SECTION 4. LEED INFORMATION LEED Certification Declaration, 2021-2023 Capital Budget Grant Programs 4.0 Directions: All recipients of state Capital Budget grants are required to complete this section IMPORTANT: As part of your contracting process, you are required to certify your capital project will comply with RCW 39.35D and be built to the LEED silver standard where "practicable.112 LEED(LEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN)CERTIFICATION 4.1 Does your project include new construction or renovation of a building or facility? ❑ YES NO If YES, indicate if you entered the LEED certification process with the goal of your facility obtaining the silver standard and provide proof of documentation form your architect. Is your project an exempt facility type? 4.2 Does your project only involve a land acquisition and does not include any construction, or renovation of a building or facility? ❑ YES ® NO If Yes, you are exempt and sign the certification on the last page. 4.3 If your project is a new construction, is it less than 5,000 gross square feet of occupied or conditioned space3? ❑ YES NO If Yes,what is the square footage? 4.41 If your project is a renovation, is it less than 50 percent of the facility's assessed value4, and less than 5,000 gross square feet of occupied or conditioned space? ❑ YES ® NO If Yes, what is the square footage? If Yes, what is the What is the facility's renovation total budget? $ assessed value? $ 4.5 Is your facility a transmitter building, pumping station, hospital, or research facility5? ❑ YES ❑ NO Is it a similar building type? If Yes, describe below. ® YES ❑ NO Wastewater collection, conveyance and treatment system. You are exempt if you answered Yes to ANY questions above. 2 LEED is a certification program run by the U.S. Green Building Council. In 2005 the Washington State Legislature passed a law requiring all capital projects grant recipients to comply with the LEED standards (RCW 39.35D).The goal is for major construction or renovation projects receiving state funds to be built to the LEED silver standard where"practicable." Projects that fall under certain facility types and projects demonstrating that it would not"be practicable"to meet the LEED silver standard may qualify for a LEED exemption. If you have questions regarding the LEED process, please contact your project manager. 3 Gross square feet as defined by the Washington State Energy Code. 4 Assessed value includes the building and land. 5 Primarily used for sponsored laboratory experimentation, laboratory research, or laboratory training in research methods. SECTION 5. MISCELLANOUS INFORMATION Risk Assessment 5.0 Mark an "X" in the orange box that corresponds to your organization's answer to the question. Local Government's experience administering state funds. Please mark only one answer. 0 -1 year 1 —2 years 3+ years X Do you have an accounting system that is capable of recording revenues and expenditures for each funding source/award by required budget categories? Please mark only one answer. Yes X No Do you have written accounting policies and procedures? Please mark only one answer. Yes X No Have you received a single audit finding in the last 3 years? Please mark only one answer. Yes X No Have you sub-contracted any state funds to a sub-recipient, for this contract? Please mark only one answer. Yes No X If yes to the above question, how much funding has been sub-contracted to a sub-recipient? Please mark only one answer. >$1,000,000 $1,000,001 -$2,000,000 $2,000,001 -$5,000,000 $5,000,001 -$10,000,000 $10,000,001+ What forms of technical assistance have you received from the Department of Commerce? Select all that apply. None Email Correspondence X 1 on 1 meeting X Small Group meeting X Commerce Webinar X GRANTEE CERTIFICATION The Grantee certifies that: ■ The information and financial data provided in this document are true and correct to the best of their belief and knowledge and it is understood that Commerce staff may independently verify information, and that the discovery of incomplete, false, and/or misleading information is grounds for withholding awarded funds or termination of grant contract; ■ Records supporting the information provided in this document are on file and will be made available by the Grantee upon request; • There are no outstanding liens against this project; ■ There is currently no litigation in existence seeking to enjoin the commencement or completion of the above-described project; ■ The Grantee, certifies that all of the information provided complies with RCW 39.35D requiring major construction or renovation projects receiving state funds to be built to the LEED silver standard where "practicable and is accurate and complete to the best of their knowledge. The Grantee understands that The Department of Commerce staff may independently verify information provided, and that the discovery of incomplete, false, and/or misleading information is grounds for withholding awarded funds; and ■ The Grantee intends to enter into a grant contract with the Department of Commerce, provided that the terms and conditions for a Department of Commerce grant are satisfactory to both parties. Signed: Name: Title: Phone Number: Date: _ =4 STATE OF WASHINGTON DEPARTMENT OF COMMERCE 1011 Plum Street SE• PO Box 42525• Olympia,Washington 98504-2525• 360-725-4000 www.commerce.wa.gov May 13, 2022 Loretta Swanson, Public Works Director 100 W Public Works Drive Shelton,WA 98584 Dear Ms.Swanson: Congratulations! Governor Inslee recently signed the 2022 Supplemental State Capital Budget, which includes an appropriation of$500,000 for the Belfair Water Reclamation Facility (debt relief) Project.The Department of Commerce,which will administer the project,will retain three percent(up to a maximum of$50,000)to cover our administrative costs.Accordingly,your net grant award will be$485,000. Prior to receiving funds,your organization will need to fulfill the following requirements: • Provide documentation of your organization's financial ability to complete the project. All funds from sources other than the state must be expended, raised, or secured by documented pledges or loans. • For nonprofit grantees,any property relevant to the project must be owned or secured by a long-term lease that remains in effect for a minimum of ten years following the final payment date.A lien on owned property is also required when receiving grants of$250,000 or more. • Prevailing wages must be paid for all construction labor costs incurred as applicable. • Review by the Washington State Department of Archaeology and Historic Preservation and any affected Tribes (Governor's Executive Order 21-02). • Your project may also need to comply with the state's LEED green buildings standards(RCW 39.35D). Soon you will receive the Contract Readiness Survey form, these are the pre-contract conditions that need to be completed, please complete and submit as soon as possible.The contracting process is not initiated until the pre- contracting conditions have been met. Enclosed is Infrastructure Projects Program Guidelines to assist you with the process. If you need additional information, please contact your Project Manager, Lena Moore, at 360.764.0632 or lena.moore@commerce.wa.gov or me at 360.704.9435 or by email connie.rivera@commerce.wa.gov. Sincerely, ok+� Connie Rivera, Infrastructure Section Manager Community Assistance& Research Unit MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Mike Collins, PE, PLS, County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: June 21, 2022 Agenda Item # . BRIEFING DATE: June 6, 2022 BRIEFING PRESENTED BY: Mike Collins [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Sole Source procurement of special made Asphalt Cutter for John Deere Excavators BACKGROUND: Public Works currently uses two (2) John Deere excavators (85g and 135g) regularly on maintenance and storm activities. To avoid costly and unnecessary asphalt dig outs during underground maintenance or to repair cracked or broken sections of asphalted roads or walking paths, road operations would like to buy an asphalt cutter attachment that would fit onto both excavators. This FELCO attachment is only sold through PAPE Machinery, premier John Deere dealership in Washington, selling products specifically made for this manufacturer. The attachment cost is $14,119.92 and with the savings realized on other equipment purchases this year, we remain under budget with this purchase (see attached spreadsheet). RECOMMENDED ACTION: Recommend the Board of County Commissioners execute sole source resolution to procure a John Deere excavator asphalt cutter from Pape Machinery for $14,119.92. ATTACHMENTS: 1. 2022 Equipment Budget 2. Sales Quote 3. Picture of similar Asphalt Cutter 4. Sole Source Justification Form 5. Resolution 2022 Public Works Road Operations Equipment Budget Budgeted Purchased Equipment Description Quantity Condition Unit Price Total Quantity Condition Unit Price Total Front-End Loader 1 New $ 230,000.00 $ 230,000.00 1 New $ 122,318.00 $ 122,318.00 Chipper 1 New $ 75,000.00 $ 75,000.00 $ - F-550 w/sander, plow and dump bed 4 New $ 80,000.00 $ 320,000.00 $ - Tractor and lowboy trailer 1 Used $ 130,000.00 $ 130,000.00 1 Used $ 107,500.00 $ 107,500.00 3 Axle Pup Trailer 3 Used $ 75,000.00 $ 225,000.00 2 New $ 101,601.00 $ 203,202.00 Flatbed Equipment Trailer 1 New $ 16,874.92 $ 16,874.92 Automated Flag Assist Device 0 1 New $ 33,998.00 $ 33,998.00 Plate Compactor 0 1 New $ 12,640.00 $ 12,640.00 FELCO Asphalt Cutter 1 New $ 14,119.92 $ 14,119.92 2022 Approved Budget= $ 980,000.00 YTD = $ 510,652.84 REMAINING BUDGET= $ 469,347.16 ®JOHN DEERE � � I MACHINERY Quote Summary Prepared For: Prepared By: MASON COUNTY PUBLIC WORKS KYLE CHAPMAN 100 PUBLIC WORKS DR Pape Machinery, Inc. SHELTON, WA 98584 426 South Fleet Street Business: 360-427-9670 Montesano, WA 98563 jeremys@co.mason.wa.us Phone: 360-249-4114 kchapman@papemachinery.com This sale is subject to Pape's Terms and Conditions of Sale effective Quote Id: 26754447 on the date hereof, which are incorporated in full by this Created On: 23 May 2022 reference. The Terms and Conditions of Sale are available at www. Last Modified On: 23 May 2022 paae.com/terms, and will also be sent by mail or e-mail to the Expiration Date: 22 June 2022 purchaser upon request. Equipment Summary Selling Price Qty Extended FELCO Asphalt cutter $ 13,013.75 X 1 = $ 13,013.75 Equipment Total $ 13,013.75 Quote Summary Equipment Total $ 13,013.75 SubTotal $ 13,013.75 Sales Tax- (8.50%) $ 1,106.17 Total $ 14,119.92 Down Payment (0.00) Rental Applied (0.00) Balance Due $ 14,119.92 Salesperson :X Accepted By : X Confidential ®JOHN DEERE ED MACHINERY Quote Id: 26754447 Prepared For: MASON COUNTY PUBLIC WORKS Prepared By: KYLE CHAPMAN Pape Machinery, Inc. 426 South Fleet Street Montesano, WA 98563 Tel: 360-249-4114 Fax: 360-249-4113 Email: kchapman@papemachinery.com Date: 23 May 2022 Offer Expires: 22 June 2022 Confidential 5/25/22,8:00 AM Rototilt Asphalt Cutters—For precision and durability r` ROTOTILT C� Asphalt cutters An asphalt cutter is primarily intended for cutting asphalt, but it has many possible areas of use. Rototilt's durable and efficient asphalt cutters are perfect for tasks such as preparatory work prior to cable and pipe installation. The asphalt cutters are designed to give you optimal cuts that, as far as possible, help you to avoid costly overheads associated with asphalt being dug away unnecessarily. In addition to cutting asphalt, the lightweight design enables good precision when cutting on lawns. Wear parts made of HB500 steel ensure maximum wear time and a long service life for your asphalt cutter. If you need to replace the cutting wheel, our models are designed with a locking wedge on the shaft that makes it easy for you as a machine contractor to change the wheel yourself. Rototilt uses cookies to make sure you get the best possible experience when you visit our website. By continuing, we assume that OK you accept the use of cookies. Read more about cookies and how you can decline them. https://www.rototilt.com/en-us/products/tools/asphalt-cutters/ 1/5 N STATF ° ° MASON COUNTY 0 S o z SOLE SOURCE JUSTIFICATION FORM r2 N Y Y °J rasa Date: May 26, 2022 Department: Public Works Department Contact: Pete Medcalf, 387 Recommended Vendor: Pape Machinery Address: 426 South Fleet Street, Montesano, WA 98563 Phone:360.249.4114 Cost Estimate: $14,119.92 Describe the item requested and its function:John Deere Excavator Asphalt Cutter attachment 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: 3. Is this product available from other sources? ❑ Yes ® No 4. What necessary features does the vendor provide which are not available from other vendors? Felco Industries has created this cutter attachment made specifically for a John Deere excavator. Felco will only sell this attachment to their vendor, Pape Machinery. Other Vendors might be able to create this attachment but would need to see our excavators and build from scratch. 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?The vendor's price is reasonable and a fair value. 7. What steps were taken to verify that these features were not available elsewhere? ❑ Other brands manufactures were examined. Provide a list of phone numbers and names and explain why these did not meet the requirement: ❑ 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: No other vendors offer an attachment that could be attached and operated with our 85g and 135g excavators. Reached out to NC Machinery, they did not have a vendor that could build the attachment. 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: 2,t) d Date: C /�2Z RESOLUTION NO. 2022- A RESOLUTION WAIVING PUBLIC BIDDING REQUIREMENTS AND APPROVING A SOLE SOURCE PROCURMENT OF A JOHN DEERE EXCAVATOR ASPHALT CUTTER ATTACHMENT WHEREAS, the Public Works Road Division utilizes a 35g and 135g John Deere Excavator; and WHEREAS, these machines are an essential piece of equipment to County road maintenance operations when performing regular maintenance and storm activities. WHEREAS, Public Works is requesting to procure a FELCO asphalt cutter excavator attachment to avoid costly unnecessary asphalt dig outs during underground maintenance or to repair cracked or broken sections of asphalted County roads or walking paths. WHEREAS, PAPE Machinery is the only John Deere dealership that sells products specifically made for this manufacturer that the County is interested in procuring; and, 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. PAPE Machinery is a sole source supplier of the manufactured attachment for a John Deere Excavator. 2. That the County is authorized to purchase the without proceeding to secure competitive bids, estimated at$14,119.92. ADOPTED this day of , 2022 BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Kevin Shutty, Chair Sharon Trask, Vice Chair ATTEST: McKenzie Smith, Clerk of the Board Randy Neatherlin, Commissioner APPROVED AS TO FORM: Tim Whitehead, Ch. DPA MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Mike Collins, PE, PLS, County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: June 21, 2022 Agenda Item # o A BRIEFING DATE: June 6, 2022 BRIEFING PRESENTED BY: Mike Collins [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Adopt A Road Application — Mason Benson Center BACKGROUND: Chapter 12.48 of the Mason County code establishes an Adopt-A-Road litter control program allowing volunteers to enter into an agreement with the County to pick up litter on approved Mason County roadsides. An application and signed agreement have been submitted by authorized volunteers Robert Leslie and Nancy Star from the Mason Benson Center interested in picking up roadside litter along the following County Roads: • Mason Lake Drive West (from M.P. 0.000 to M.P. 6.600) • Mason Lake Drive East (from M.P. 0.000 to M.P 2.949) • Mason Lake Drive South (from M.P. 0.000 to M.P. 1.758) • Benson Lake Drive (M.P. 0.000 to M.P 1.653) Public Works recommends approval and execution of an Adopt-A-Road Agreement with Mason Benson Center. The Public Works Transportation Technician has spoken with the two representatives and if approved, will meet with the group to answer questions, go over risks, responsibilities and safety rules. Each Adopt-A-Road agreement is for a period of two years and volunteers commit to picking up litter at least twice per year along with other conditions spelled out in the attached Agreement. RECOMMENDED ACTION: Move that the Board authorize the County Engineer to execute an Adopt-A-Road Agreement between Mason County and Mason Benson Center. ATTACHMENTS: 1. Adopt-A-Road Application 2. Vicinity Map APPENDIX 1 ED Date Application To be filled in by County ADOPT-A-ROAD MAY 16 2022 APPLICATION MAWN COUMY PUBLIC WORKS Name of Volunteer Organization Mailing Address, City, State, ZIP Code List the sections of road you are interested in cleaning in order of preference: 1. G` it(&S,*N LK J>iZ _,&&1_�� _`�_ Road Name t 6 iv 2. I-le DQ Lk- Road Name Vicinity 3. - Road Name Vicinity Sections of County road are assigned on a safety and first-come, first-serve basis. If the sections your group have identified above are not available the Mason County Public Works Department will suggest other alternatives. Vo leer Organization Representatives: �r L63�� S gnature: Represe alive#1 Name of Representative (Print or Type) . Mailing Address, City, State, Zip Code Day phone number Evening phone number ����1-- t �'------ Ala V!C J Yl- �. SignYature: R es atve #2 Name of Re reserdative {Print or Type} Day phone number Evening phone number Return this application to: Adopt-A-Road Coordinator Mason County Pubiic Works 00 W Public Works Drive Shelton, WA 98584 5 ADOPT-A-ROAD APPENDIX 2 AGREEMENT _ Page 1 of 4 ADOPT-A-ROAD AGREEMENT This agreement is made and entered into this day and between Mason County, a municipal subdivision of the State of Washington herein known as the "County" and j&t-7V5 -`U/ 4 L ^f�� ;a volunteer organization herein known as the " rantee". Whereas, the County has the authority to establish a County-wide Adopt-A-Road litter Control Program (Adop,t-A-Poad Program) pursuant to FICIVV 47.40; an; Whereas the Grantee wishes to contribute toward the effort to reduce roadside litter by volunteering to assist in picking up Utter on the section of road specified herein; Now,therefore,the County does hereby authorize the Grantee to participate in the Adopt-A-Road Program by picking litter within the assigned section of County road designated below, in accordance with the following terms and conditions: A. The Grantee does hereby agree:. 1. To conduct clean up activities in a safe manner and under any conditions as may be required by the County for the safety of the participants. Safety of participants is the number one priority of the program, and the volunteer organization agrees to take full responsibility for the safety of each of its participants. 2. To assign a leader to each cleanup crew, and that crew leader shall have a copy of this agreement with him/her during the cleanup activity. 3. To pick up litter no less than four times per year. Additional clean ups should be done as necessary to maintain a neat appearance. Recommended interval for cleanup is once eery three months. 4. To furnish and require ail participants wear a hard hat and safety vest during cleanup activities. 5. To allow no more the ten people to participate in the cleanup activity at one time over a one-mile section. 6. To have no more than two vehicles per one-mile section of assigned road parked on the County road shoulder within the assigned area during a cleanup activity. (A minimum number of vehicles shall be used to transport the participants to the assigned area.) All parking of vehicles shall be in compliance with State law. 7. To require that all participants shall be 15 years of age or older. The Grantee shall furnish supervision by one more adults for every eight (8) minors (between ages of 15 to 18 years of age) participating in the cleanup activity. 6 ADOPT-A-ROAD APPENDIX 2 AGREEMENT Page 2 of 4 8. To conduct a y22d y safety training session for volunteers utilizing materials and training aids provided by the County prior o pa "apa n 'in a roa siFe cleanup. 9. Provide supplies and materials from Mason County Building I during regular business hours at the address shown on page 4 of this agreement. 10. To place filled trash bags at the County road shoulder for pickup and disposal by the County and notify the County at the time of cleanup to'coordinate the pickup time and locations. 11. To notify the County immediately in the event of any emergency on County road right-of-way. Participants who find anything that is hazardous or suspected to be hazardous shall not touch, but take: appropriatL preca stions fag it and wave it fOr disposal by the grope: authorities. Participants shall also not pick up syringes, hypodermic needles, or exceptionally large, heavy or unyiekJin objects. These kinds of materials should be flagged and the County notified as soon as possible to arrange for proper disposal. 12. Cleanups shall not be scheduled during a legal holiday, during the afternoon on the day before a IN. al holiday, or during holiday weekends. 13. To provide the County a roster (Medical Aid Coverage Record) of individual participants in the cleanup within seven(7) calendar days following the cleanup activity. 14. To report any injuries,incurred by participants during cleanup activities,to the County,within two (2) working days of the injury. Notification shall include: o Name of injured person o Nature of injury o Date and time of injury o How the injury occurred 15. Furnish to the County an "Adopt-A-Road Registration Form" for each of the participants taking part in litter pickup activities. 16. It is recommended that the Grantee have a first aid kit available at the cleanup site, and at least one person with a vand First Aid Card be present during cleanup activities. B. The County does hereby agree to: 1. To designate a program administrator to act as a contact person for this agreement. 2. To furnish and install a maximum of two (2)Adopt-A-Road signs with the Grantee name and/or acronym displayed within the assigned area. 3. Furnish the Grantee with trash bags. 4. Remove the filled trash bags from County road shoulder upon notification by Grantee. 7 ADOPT-A-ROAD APPENDIX 2 AGREEMENT Page 3 of 4 5. Assist the Grantee,in cleaning up litter if necessary(.e.,when large, heavy,or hazardous items are found). 6. Provide safety materials and training aids to the Grantee's representative for use by the Grantee in training participants. 7. To fumish a portable"Volunteer titter Crew Ahead" advanced warning sign and stand,and make available hard hats,safety vests for all participants, and other equipment as deemed necessary (a deposit may be necessary). C. General, Conditions: 1. Recycling is an accepted and encouraged activity. Recyclable items collected by participants may be removed from the site at the option of the Grantee. Profits from the sale of recyclable items shall belong to the Grantee. 2. The County may suspend this agreement temporarily because of future construction that will take place within the limits of the assigned area. Once these have been completed,the Grantee will be notified and the agreement restored. 3. The terms of this agreement shall commence on the date of execution indicated below,and shall end on the date of termination unless terminated by the County, or the Grantee on 30 days notice. Upon termination of this agreement the Adopt-A-Road sign shall be removed and remain the property of the Department. 8 ADOPT-A-ROAD APPENDIX 2 AGREEMENT Page 4 of 4 D. ASSIGNED ROAD SECTION: Office Use Only Road Name From to Side of roadway: North South East West (Circle assigned side/s) Date of Execution: Date of Termination: January 31, Name of Volunteer Organization Mailing Address, City, State, 'LIP Code ' Si nature: Represen t;ve #1 Name of Representative (Print or Type) Mailing Address, City, State, Zip Code of Representative#1 ° Day phone number Evening phone number Signature: R Isentative#2 Name of Representative (Print or Type) Mailing Address, City, State, Zip Code of Representative Day phone number Evening phone number Chairman of the Board, Mason County Return To: Mason County Public Works 100 W Public Works Drive Shelton,WA 98584 9 Adopt-A-Road - Mason Lake Drive West 0.00-6.60, Mason Lake Drive East 0.00-2.949 Mason Lake Drive South 0.000-1 .758, Benson Lake Drive 0.000-1 .653 • CO o St6, St0 ?8 O ` t c o r c ao D 1h`F ' •t1Q O 3•pO r2Q 1 Benson Lakes hla son Lake ''oo O 0 IV 0.8 O ' 0 f �• 06, eM30 0.80 O • O ' •�O 11►O s � i ,` •OO 0.40 s — ' y •gyp V r y •aD 0.2 1 O f j w Inner Hood •O o _ O � Cpnnt 0.60 ' 0 p.20 Mason Lake Dr West j Mason Lake Dr East > N 0.00 lnl�I Mason Lake Dr South s, wE 0 0.25 0.5 1 1.5 2 lari ©openStreetMap(and)"'' r Miles Benson Lake Dr contributors,CC-BY-S I MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Mike Collins, PE, PLS, County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: June 21, 2022 Agenda Item # BRIEFING DATE: June 6, 2022 BRIEFING PRESENTED BY: Mike Collins [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Adopt A Road Agreement— Friends of Pleasant Cove BACKGROUND: Volunteers from Pleasant Cove, herein referred to as Friends of Pleasant Cove, have submitted and signed an Adopt-A-Road Agreement to pick up roadside litter along the Lower Elfendahl Pass Road (from Milepost 0.000 to Milepost 1.840). Public Works recommends approval and execution of an Adopt-A-Road Agreement with Friends of Pleasant Cove. Each Adopt-A-Road agreement is for a period of two years and volunteers commit to picking up litter at least twice per year along with other conditions spelled out in the attached Agreement. RECOMMENDED ACTION: Move that the Board authorize the County Engineer to execute an Adopt-A-Road Agreement between Mason County and Friends of Pleasant Cove. ATTACHMENTS: 1. Adopt-A-Road Application 2. Vicinity Map APPENDIX 1 Date Application Received To be filled in by County ADOPT-A-ROAD APPLICATION zz Name of Volunteer Organization Mailing Address, City, State, ZIP Code List the sections of road you are interested in cleaning in order of preference: Road Name Vicinity 2. /'�f�/��/� Road Name Vicinity 3. Road Name Vicinity Sections of County road are assigned on a safety and first-come, first-serve basis. If the sections your group have identified above are not available the Mason County Public Works Department will suggest other alternatives. Volunte Organ�zajWionepresentatives: Sig 1011ur epresent4a#1 Name of epresentative (Print or Type) Mailing Address, City, State, Zip Code Day phone number Evening phone number I Signature: ReprOentativ&1#2 Name of Representative (Print or Type) Day phone number Evening phone number Return this application to: Adopt-A-Road Coordinator Mason County Public Works 100 W Public Works Drive Shelton, WA 98584 5 ADOPT-A-ROAD APPENDIX 2 AGREEMENT Page 1 of 4 ADOPT-A-ROAD AGREEMENT This agreement is made and entered into this day and between Mason County, a municipal subdivision of the State of Washington herein known as the "County" and a volunteer organization herein known as the "Grantee". Whereas, the County has the authority to establish a County-wide Adopt-A-Road Litter Control Program (Adopt-A-Road Program) pursuant to RCW 47.40; and Whereas the Grantee wishes to contribute toward the effort to reduce roadside litter by volunteering to assist in picking up litter on the section of road specified herein; Now,therefore, the County does hereby authorize the Grantee to participate in the Adopt-A-Road Program by picking litter within the assigned section of County road designated below, in accordance with the following terms and conditions: A. The Grantee does hereby agree: 1. To conduct clean up activities in a safe manner and under any conditions as may be required by the County for the safety of the participants. Safety of participants is the number one priority of the program, and the volunteer organization agrees to take full responsibility for the safety of each of its participants. 2. To assign a leader to each cleanup crew, and that crew leader shall have a copy of this agreement with him/her during the cleanup activity. 3. To pick up litter no less than four times per year. Additional clean ups should be done as necessary to maintain a neat appearance. Recommended interval for cleanup is once every three months. 4. To furnish and require all participants wear a hard hat and safety vest during cleanup activities. 5. To allow no more the ten people to participate in the cleanup activity at one time over a one-mile section. 6. To have no more than two vehicles per one-mile section of assigned road parked on the County road shoulder within the assigned area during a cleanup activity. (A minimum number of vehicles shall be used to transport the participants to the assigned area.) All parking of vehicles shall be in compliance with State law. 7. To require that all participants shall be 15 years of age or older. The Grantee shall furnish supervision by one more adults for every eight (8) minors (between ages of 15 to 18 years of age) participating in the cleanup activity. 6 ADOPT-A-ROAD APPENDIX 2 AGREEMENT Page 1 of 4 ADOPT-A-ROAD AGREEMENT This agreement is made and entered into this day and between Mason County, a municipal subdivision of the State of Washington herein known as the "County" and a volunteer organization herein known as the "Grantee". Whereas, the County has the authority to establish a County-wide Adopt-A-Road Litter Control Program (Adopt-A-Road Program) pursuant to RCW 47.40; and Whereas the Grantee wishes to contribute toward the effort to reduce roadside litter by volunteering to assist in picking up litter on the section of road specified herein; Now,therefore, the County does hereby authorize the Grantee to participate in the Adopt-A-Road Program by picking litter within the assigned section of County road designated below, in accordance with the following terms and conditions: A. The Grantee does hereby agree: 1. To conduct clean up activities in a safe manner and under any conditions as may be required by the County for the safety of the participants. Safety of participants is the number one priority of the program, and the volunteer organization agrees to take full responsibility for the safety of each of its participants. 2. To assign a leader to each cleanup crew, and that crew leader shall have a copy of this agreement with him/her during the cleanup activity. 3. To pick up litter no less than four times per year. Additional clean ups should be done as necessary to maintain a neat appearance. Recommended interval for cleanup is once every three months. 4. To furnish and require all participants wear a hard hat and safety vest during cleanup activities. 5. To allow no more the ten people to participate in the cleanup activity at one time over a one-mile section. 6. To have no more than two vehicles per one-mile section of assigned road parked on the County road shoulder within the assigned area during a cleanup activity. (A minimum number of vehicles shall be used to transport the participants to the assigned area.) All parking of vehicles shall be in compliance with State law. 7. To require that all participants shall be 15 years of age or older. The Grantee shall furnish supervision by one more adults for every eight (8) minors (between ages of 15 to 18 years of age) participating in the cleanup activity. 6 ADOPT-A-ROAD ,�' APPENDIX 2 AGREEMENT Page 2 of 4 8. To conduct a yearly safety training session for volunteers utilizing materials and training aids provided by the County prior to participating in a roadside cleanup. 9. Provide supplies and materials from Mason County Building I during regular business hours at the address shown on page 4 of this agreement. 10. To place filled trash bags at the County road shoulder for pickup and disposal by the County and notify the County at the time of cleanup to coordinate the pickup time and locations. 11. To notify the County immediately in the event of any emergency on County road right-of-way. Participants who find anything that is hazardous or suspected to be hazardous shall not touch, but take appropriate precautions flag it and leave it for disposal by the proper authorities. Participants shall also not pick up syringes, hypodermic needles, or exceptionally large, heavy or unyielding objects. These kinds of materials should be flagged and the County notified as soon as possible to arrange for proper disposal. 12_ Cleanups shall not be scheduled during a legal holiday, during the afternoon on the day before a legal holiday, or during holiday weekends. 13. To provide the County a roster (Medical Aid Coverage Record) of individual participants in the cleanup within seven(T) calendar days following the cleanup activity. 14. To report any injuries,incurred by participants during cleanup activities,to the County,within two (2) working days of the injury. Notification shall include: o Name of injured person o Nature of injury o Date and time of injury o How the injury occurred 15. Furnish to the County an "Adopt-A-Road Registration Form" for each of the participants taking part in litter pickup activities. 16. It is recommended that the Grantee have a first aid kit available at the cleanup site, and at least one person with a valid First Aid Card be present during cleanup activities. B. The County does hereby agree to: 1. To designate a program administrator to act as a contact person for this agreement. 2. To furnish and install a maximum of two (2) Adopt-A-Road signs with the Grantee name and/or acronym displayed within the assigned area. 3. Furnish the Grantee with trash bags. 4. Remove the filled trash bags from County road shoulder upon notification by Grantee. 7 ADOPT-A-ROAD APPENDIX 2 AGREEMENT Page 3 of 4 5. Assist the Grantee, in cleaning up litter if necessary (.e.,when large, heavy, or hazardous items are found). 6. Provide safety materials and training aids to the Grantee's representative for use by the Grantee in training participants. 7. To fumish a portable"Volunteer utter Crew Ahead" advanced warning sign and stand,and make available hard hats, safety vests for all participants, and other equipment as deemed necessary (a deposit may be necessary). C. General Conditions: 1. Recycling is an accepted and encouraged activity. Recyclable items collected by participants may be removed from the site at the option of the Grantee. Profits from the sale of recyclable items shall belong to the Grantee. 2. The County may suspend this agreement temporarily because of future construction that will take place within the limits of the assigned area. Once these have been completed, the Grantee will be notified and the agreement restored. 3. The terms of this agreement shall commence on the date of execution indicated below, and shall end on the date of termination unless terminated by the County, or the Grantee on 30 days notice. Upon termination of this agreement the Adopt-A-Road sign shall be removed and remain the property of the Department. 8 ADOPT-A-ROAD APPENDIX 2 AGREEMENT Page 4 of 4 D. ASSIGNED ROAD SECTION: Office Use Only Road Name From to Side of roadway: North South East West (Circle assigned side/s) Date of Execution: Date of Termination: January 31, Name of Volunteer Organization Mailing Addr City, State, ZIP Code Sign ure esentative Name Representative (Print or Type) Mailing Address, City, State, Zip Code of Representative#1 Day phone number Evening phone number Signature: Rep esentativijV#2 Name of Representative (Print or Type) Mailing Address, City, State, Zip Code of Representative#2 Day phone number Evening phone number Chairman of the Board, Mason County Return To: Mason County Public Works 100 W Public Works Drive Shelton, WA 98584 9 Adopt-A-Road - Elfendahl Pass Rd MP 0.00-1 .84 +`+O NE 6.11- f+huY+Rd 0 1.60 m 1.50 A 1.40 7+30 • O NEA A - = Q= z r dE 4. R,dg.Dr n Ol� '4F. 'pain 3, oo RE 5-11 �O O+ A _ Ira'0 =W� 0.70 µ0 0.60 r, 0.50 lb Tahuya -Stote Forest i 0.10 I `; I I _ I ,'nner flood Adopt A Road Cana, N i 0 375 750 1,500 2,250 3,000 `� e Feet urces: i Japar ©OpenStreetMap(an'd) S NGCC,(c) contributors, CC-BY-SA MASON COUNTY AGENDA ITEM SUMMARY FORM To: Board of Mason County Commissioners From: John Taylor Action Agenda: Public Hearing: ❑ Other: ❑ Department: Parks&Trails Ext: 806 Date: June 21, 2022 Agenda Item (Commissioner staff to complete) Briefing Date: May 30, 2022 Briefing Presented By: John Taylor [ ] Item was not previously briefed with the Board Please provide an explanation of urgency Item• Mason County Board of County Commissioners letter of support for the Friends of Lake Cushman Dog Park applying for the Bark for Your Park Grant. Background: On May 30,2022 William"Bill"Long and John Taylor briefed the Board on Bill's request for a letter of support from Mason County to support his intentions of submitting a PetSafe Land Grant application due June 30,2022 for a projected dog park at Foothills Park. The organization currently has$10,000 to donate, and if awarded, apply the additional dollars to this project. Recommended Action: Approval to sign the Letter of Support to accompany the Friends of Lake Cushman Dog Park PetSafe Bark for Your Park 2022 grant application. Attachment(s)• Letter of Support Diagram of projected Dog Park Email from William Long �goN COU June 21,2022 _ PetSafe®Bark for Your Park Committee Radio Systems Corporation 1854 10427 PetSafe Way Knoxville,Tennessee 37932 MASON COUNTY Re: Letter of Support for the Friends of Lake Cushman Dog Park Grant BOARD OF Dear PetSafe Bark for Your Park Committee, COMMISSIONERS The Board of Mason County Commissioners are pleased to announce our full support for the Friends of Lake Cushman Dog Park's participation in the 2022 Bark for Your 1 ST District Park grant contest. We greatly appreciate our constituents' efforts of trying to make a RANDY NEATHERLIN dog park possible. If awarded the grant to pursue a new dog park,Mason County will allocate County resources to support the operation of the park and help its citizens 2°d District organize such efforts once the park is complete. KEVIN SHUTTY Mason County's Foothills Park has all of the amenities needed for a wonderful dog 31d District park—a cleared area just shy of one acre that is fenced on three sides,access to water, SHARON TRASK and restrooms. Foothills Park is an 80-acre park that also has a playground,basketball court, on-site caretaker, and is an amazing location for family or business picnics and for field games. Mason County Building 1 The addition of a dog park would be an amazing benefit to Mason County as a whole. Mason County consists of a large community of animal lovers and organizations that 411 North Fifth Street would be ecstatic and thankful to have a place for their beloved dogs to run and play. Other incredible benefits of this dog park include bringing the community closer Shelton, WA 98584-3400 together, allowing dog owners a chance to be physically active with their pet, giving dogs a safe area to exercise and roam freely,and allowing dogs to socialize with other (360)427-9670 ext.419 dogs. Fax(360)427-8437 We greatly appreciate your consideration and hope to hear from you that PetSafe will help our supportive community complete this much needed dog park. Thank you on behalf of the Board of Mason County Commissioners. Sincerely, Kevin Shutty, Sharon Trask, Randy Neatherlin, Chair Commissioner Commissioner Goggle Maps Foothills Park,-Proposed(dog Off-Leash area-Friends of Hoodsport nog Park 5/1/2022 Imagery 02022 Maxar Technologies,U.S.Geological Survey,Map data©2022 50 ft Measure distance Total area:43,524.63 W(4,043,57 rn ) � QCK�', Total distance:1,007.30 ft(307.03 m) John Taylor From: William Long <lottchenlong@gmail.com> Sent: Tuesday, May 17, 2022 4:32 PM To: Kevin Shutty Cc: John Taylor; Carl Olson; Bev Showacy;juliemanley; Linda Amundson Subject: Foothills Park Development Attachments: Foothills off-leashjpeg; PetSafe Land grant letter.pdfjpeg; PetSafe Community Support letterjpeg 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. Kevin, My Name is Bill Long, I am a resident of Hoodsport Community. I moved here from University Place several years ago.As a resident of Pierce County, I became involved with SUN(Safe Unleashed Natural)Dogs of Pierce County in 2005. 1 am the current President of that 501c3 organization. We partnered with Pierce County and the City of University Place to develop the Off-Leash Area at Chambers Bay Regional Park. Our volunteers raised over$40,000 to provide the fencing, Benchs, and amenities at that Park. We also provide the Doggie bags and containers in that Park.We partnered with County Executive Bruce Dammeier to add an additional small dog area, and we were recipients of a $10,000 grant from PetSafe to add water in both our parks. When I moved to Hoodsport, I saw the same need for an Off-Leash Area here, I became involved last year with "Friends of Lake Cushman Dog park"' also a 5016,they started in 2019 raising funds for a future Dog park in this area.They have been able to raise$10,000 for development of a Dog park. We recently expanded our goals to identify possible areas within Mason County to look at. Three areas that were studied are: 1. Port of Hoodsport location on Highway 119 across from the Disc Golf Course. I met with the Port Commissioners on May 11th.Although they were supportive of the idea,they voted 2-1 to not take action at this time.The area is heavily forested and would require too much thinning to provide adequate land for a Dog park. 2. Skokomish Tribal land near Highway 119 across from their park We have contacted the Tribe, and have not yet heard back from them.The same issue with thinning land may also be a problem. 3. Foothills County Park off Highway 119.We consider this as our#1 possible area, It has all the amenities needed. Cleared area already fenced on three sides, access to water, and restrooms. I met with the Parks and Trails Advisory Board, and John Taylor, Parks and Trails Manager on April 28th.John has shown interest, and scheduled a meeting with his Park Supervisor Carl Olson this morning. We met with Carl and discussed the plans. He seems very supportive,and in fact he had initiated plans for a dog park at this location during the 2021 capital improvement planning. We believe that adding a dog park to Foothills along with the existing Playground, and the proposed pickleball court will be a benefit to the community as a whole. We ( Friends of Lake Cushman Dog park) are committed to development of this area, and desire to work with the County to provide the required fencing, signage, Doggie bag stations, and future improvements such as benches and shelter. Our volunteers would monitor the area to ensure park rules are followed and adequate cleaning of the area from dog waste. Additionally,we have an opportunity to apply for a grant from PetSafe in their annual Bark for your Park contest.They offer$25,000 for development of new dog parks. Hopefully we can get approval from the County prior to the June 30th Deadline for the grant. Attached is a map showing the area, and 2 letters that would be required for the grant application. Thank You in advance for your support Bill Long Secretary, Friends of Lake Cushman Dog Park 253-202-8502 2 MASON COUNTY AGENDA ITEM SUMMARY FORM To: Board of Mason County Commissioners From: Mark Neary Action Agenda: ❑ Public Hearing: Other: ❑ Department: County Administrator Ext: 530 Date: June 21, 2022 Agenda Item# 10.1 (Commissioner staff to complete) Briefing Date:_ January 31,2022; March 7,2022; and June 6,2022 Briefing Presented By: Jennifer Beierle/Mark Neary [ ] Item was not previously briefed with the Board Please provide an explanation of urgency Item• Public Hearing to consider the sale of real property on Johns Prairie Road in Shelton,WA,parcel no. 32007-13- 00050 for$10,000 to New Hiawatha LLC. Background: Parcel no. 32007-13-00050 was purchased by the County in 1990 for$1,742.24. The Planning Department shared that,based on the size of the land and it not being developable for commercial development,the fair market value(FMV)would be$3-5k. The 2022 County Assessor's market value for this parcel is$3,690. The County surveyed the property at 0.21 acres or 9,008.28 square feet. Parcel no.: 32007-13-00050 Address: E Johns Prairie Road, Shelton,WA 98584 Offer: $10,000 Contingencies: 22D(Optional Clauses),22EF(Funds Evidence),22LA(Land/Acreage),35E(Escalation) 22T(Title Contingency) Closing date: June 24,2022 Recommended Action: Approval of the sale of real property located at E Johns Prairie Road in Shelton,WA parcel no.32007-13-00050 for the amount of$10,000 to New Hiawatha LLC. Attachment(s): Purchase and Sale Agreements Resolution RESOLUTION NO. APPROVAL OF SALE OF SURPLUS PROPERTY WHEREAS, Mason County owns the real property parcel 32007-13-00050, located at E Johns Prairie in Shelton, WA; and WHEREAS,this parcel was purchased by the County in 1990 for$1,742.24; and, WHEREAS, the Board of County Commissioners, upon the recommendation of the Property Manager, has determined that the property is surplus to the needs of the County; and WHEREAS, Mason County has received an offer to purchase the property in the amount of$10,000 from New Hiawatha LLC and a public hearing was held on June 21,2022 to consider the offer; NOW,THEREFORE,BE IT FURTHER RESOLVED by the Mason County Board of County Commissioners that the property described above (parcel no. 32007-13-00050) is approved at the price of$10,000 to New Hiawatha LLC; and BE IT FURTHER RESOLVED, that the proceeds of the sale of said property are to be dedicated first to any delinquent property tax obligations and related penalties, expenses and assessments; and next to reimbursement of the Property Management expenses;and finally,to the Current Expense Fund;and BE IT FURTHER RESOLVED, that Commissioner Randy Neatherlin, licensed real estate broker in the state of Washington, is authorized to sign the related closing documents and the Property Manager initiate payment of 8%fee of sale price to the County's real estate agent. DATED this 2 1"of June,2022. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY,WASHINGTON McKenzie Smith,Clerk of the Board Kevin Shutty,Chair APPROVED AS TO FORM: Sharon Trask,Vice Chair Tim Whitehead,Chief DPA Randy Neatherlin,Commissioner Authenlisign ID:7DB8952F-58E7-EC11-B656-501AC56BE253 _ Xj;m Form 25 ft*omw- ©Copyright 2021 Vacant Land PSA VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.3/21 Specific Terms ALL RIGHTS RESERVED Page 1 of 6 1. Date: June 03,2022 MLS No.. 1937617 Offer Expiration Date: 2 6/21/22 2. Buyer: New Hiawatha LLC Buyer Buyer Status 3. Seller: Mason County Seller Seller 4. Property: Legal Description attached as Exhibit A. Tax Parcel No(s).: 320071300050 0 E Johns Prairie Road Shelton Mason WA 98584 Address City County State Zip 5. Purchase Price: $ 10,000.00 Ten Thousand Dollars 6. Earnest Money: $ 2,000.00 m Check; ❑ Note; ❑ Wire; ❑ Other Delivery Date 3 days after mutual acceptance;to be held by❑ Buyer Brokerage Firm; ❑ Closing Agent 7. Default: (check only one) 0 Forfeiture of Earnest Money; ❑Seller's Election of Remedies 8. Title Insurance Company: Aegis Land Title 9. Closing Agent. Colleen Reamer Company Individual(optional) 10. Closing Date: 6/24/2022 ; Possession Date: 6d on Closing; ❑ Other 11. Services of Closing Agent for Payment of Utilities: ❑ Requested (attach NWMLS Form 22K); 0 Waived 12. Charges/Assessments Levied Before but Due After Closing: ❑ assumed by Buyer; 0 prepaid in full by Seller at Closing 13. Seller Citizenship(FIRPTA): Seller❑ is; 0 is not a foreign person for purposes of U.S. income taxation 14. Subdivision:The Property: ❑ must be subdivided before ;m is not required to be subdivided 15. Feasibility Contingency Expiration Date: ❑ days after mutual acceptance; ❑ Other 16. Agency Disclosure: Buyer represented by: m Buyer Broker; ❑ Buyer/Listing Broker(dual agent); ❑ unrepresented Seller represented by: ❑ Listing Broker; m Listing/Buyer Broker(dual agent); ❑ unrepresented 17. Addenda: 22D(Optional Clauses) 22EF(Funds Evidence) 22LA(Land/Acreage) 35E(Escalation) 22T(Title Contingency) �Artl nu .. " ,Member 06/03/2022 'Buyer Signature Date Seller Signature Date Buyer Signature Date Seller Signature Date 2160 Cove Rd Buyer Address Seller Address Ellensburg,WA 98926 City,State,Zip City,State,Zip 360-280-8729 (360)427-9670 Buyer Phone No. Fax No. Seller Phone No. Fax No. mark@kaminpro.com Buyer E-mail Address Seller E-mail Address Richard Beckman Rlty Group LLC 4537 Richard Beckman Rlty Group LLC 4537 Buyer Brokerage Firm MLS Office No. Listing Brokerage Firm MLS Office No. Alesha Beckman 130668 Richard Beckman 55681 Buyer Broker(Print) MLS LAG No. Listing Broker(Print) MLS LAG No. (360)426-5521 (360)790-9817 (360)426-1645 (360)426-5521 (360)358-5567 (360)426-1645 Firm Phone No. Broker Phone No. Firm Fax No. Firm Phone No. Broker Phone No. Firm Fax No. mail@RichardBeckman.com mail@ Richard Beckman.com Firm Document E-mail Address Firm Document E-mail Address alesha@richardbeckman.com rchard@richardbeckman.com Buyer Broker E-mail Address Listing Broker E-mail Address 20110767 9628 98421 9628 Buyer Broker DOL License No. Firm DOL License No. Listing Broker DOL License No. Firm DOL License No. Authentisign ID:7DB8952F-58E7-EC11-B656-501AC56BE253 Form 25 ©Copyright 2021 Vacant Land PSA VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.3/21 General Terms ALL RIGHTS RESERVED Page 2 of 6 a. Purchase Price. Buyer shall pay to Seller the Purchase Price, including the Earnest Money, in cash at Closing, unless 1 otherwise specified in this Agreement. Buyer represents that Buyer has sufficient funds to close this sale in accordance 2 with this Agreement and is not relying on any contingent source of funds, including funds from loans, the sale of other 3 property, gifts, retirement, or future earnings, except to the extent otherwise specified in this Agreement. The parties 4 shall use caution when wiring funds to avoid potential wire fraud. Before wiring funds, the party wiring funds shall take 5 steps to confirm any wire instructions via an independently verified phone number and other appropriate measures. 6 b. Earnest Money. Buyer shall deliver the Earnest Money by the Delivery Date listed in Specific Term 6 (2 days after 7 mutual acceptance if not filled in) to the party holding the Earnest Money (Buyer Brokerage Firm or Closing Agent). If 8 sent by mail, the Earnest Money must arrive at Buyer Brokerage Firm or Closing Agent by the Delivery Date. If the 9 Earnest Money is held by Buyer Brokerage Firm and is over $10,000.00 it shall be deposited into an interest bearing 10 trust account in Buyer Brokerage Firm's name provided that Buyer completes an IRS Form W-9. Interest, if any, after 11 deduction of bank charges and fees, will be paid to Buyer. Buyer shall reimburse Buyer Brokerage Firm for bank 12 charges and fees in excess of the interest earned, if any. If the Earnest Money held by Buyer Brokerage Firm is over 13 $10,000.00 Buyer has the option to require Buyer Brokerage Firm to deposit the Earnest Money into the Housing Trust 14 Fund Account, with the interest paid to the State Treasurer, if both Seller and Buyer so agree in writing. If the Buyer 15 does not complete an IRS Form W-9 before Buyer Brokerage Firm must deposit the Earnest Money or the Earnest 16 Money is $10,000.00 or less, the Earnest Money shall be deposited into the Housing Trust Fund Account. Buyer 17 Brokerage Firm may transfer the Earnest Money to Closing Agent at Closing. If all or part of the Earnest Money is to be 18 refunded to Buyer and any such costs remain unpaid, the Buyer Brokerage Firm or Closing Agent may deduct and pay 19 them therefrom. The parties instruct Closing Agent to provide written verification of receipt of the Earnest Money and 20 notice of dishonor of any check to the parties and Brokers at the addresses and/or fax numbers provided herein. 21 Upon termination of this Agreement, a party or the Closing Agent may deliver a form authorizing the release of Earnest 22 Money to the other party or the parties. The party(s)shall execute such form and deliver the same to the Closing Agent. 23 If either party fails to execute the release form, a party may make a written demand to the Closing Agent for the Earnest 24 Money. Pursuant to RCW 64.04, Closing Agent shall deliver notice of the demand to the other party within 15 days. If 25 the other party does not object to the demand within 20 days of Closing Agent's notice, Closing Agent shall disburse the 26 Earnest Money to the party making the demand within 10 days of the expiration of the 20 day period. If Closing Agent 27 timely receives an objection or an inconsistent demand from the other party, Closing Agent shall commence an 28 interpleader action within 60 days of such objection or inconsistent demand, unless the parties provide subsequent 29 consistent instructions to Closing Agent to disburse the earnest money or refrain from commencing an interpleader 30 action for a specified period of time. Pursuant to RCW 4.28.080, the parties consent to service of the summons and 31 complaint for an interpleader action by first class mail, postage prepaid at the party's usual mailing address or the 32 address identified in this Agreement. If the Closing Agent complies with the preceding process, each party shall be 33 deemed to have released Closing Agent from any and all claims or liability related to the disbursal of the Earnest 34 Money. If either party fails to authorize the release of the Earnest Money to the other party when required to do so 35 under this Agreement, that party shall be in breach of this Agreement. For the purposes of this section, the term Closing 36 Agent includes a Buyer Brokerage Firm holding the Earnest Money. The parties authorize the party commencing an 37 interpleader action to deduct up to$500.00 for the costs thereof. 38 c. Condition of Title. Unless otherwise specified in this Agreement, title to the Property shall be marketable at Closing. 39 The following shall not cause the title to be unmarketable: rights, reservations, covenants, conditions and restrictions, 40 presently of record and general to the area; easements and encroachments, not materially affecting the value of or 41 unduly interfering with Buyer's reasonable use of the Property; and reserved oil and/or mining rights. Seller shall not 42 convey or reserve any oil and/or mineral rights after mutual acceptance without Buyer's written consent. Monetary 43 encumbrances or liens not assumed by Buyer, shall be paid or discharged by Seller on or before Closing. Title shall be 44 conveyed by a Statutory Warranty Deed. If this Agreement is for conveyance of a buyer's interest in a Real Estate 45 Contract, the Statutory Warranty Deed shall include a buyer's assignment of the contract sufficient to convey after 46 acquired title. If the Property has been short platted, the Short Plat number is in the Legal Description. 47 d. Title Insurance. Seller authorizes Buyer's lender or Closing Agent, at Seller's expense, to apply for the then-current 48 ALTA form of standard form owner's policy of title insurance from the Title Insurance Company. If Seller previously 49 received a preliminary commitment from a Title Insurance Company that Buyer declines to use, Buyer shall pay any 50 cancellation fees owing to the original Title Insurance Company. Otherwise, the party applying for title insurance shall 51 pay any title cancellation fee, in the event such a fee is assessed. The Title Insurance Company shall send a copy of 52 the preliminary commitment to Seller, Listing Broker, Buyer and Buyer Broker. The preliminary commitment, and the title 53 policy to be issued, shall contain no exceptions other than the General Exclusions and Exceptions in said standard form 54 and Special Exceptions consistent with the Condition of Title herein provided. If title cannot be made so insurable prior 55 t the losing Date, then as Buyer's sole and exclusive remedy, the Earnest Money shall, unless Buyer elects to waive 56 06/03/2022 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:7DB8952F-58E7-EC11-B656-501AC56BE253 Form 25 ©Copyright 2021 Vacant Land PSA VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.3/21 General Terms ALL RIGHTS RESERVED Page 3 of 6 such defects or encumbrances, be refunded to the Buyer, less any unpaid costs described in this Agreement, and this 57 Agreement shall thereupon be terminated. Buyer shall have no right to specific performance or damages as a 58 consequence of Seller's inability to provide insurable title. 59 e. Closing and Possession. This sale shall be closed by the Closing Agent on the Closing Date. "Closing" means the 60 date on which all documents are recorded and the sale proceeds are available to Seller. If the Closing Date falls on a 61 Saturday, Sunday, legal holiday as defined in RCW 1.16.050, or day when the county recording office is closed, the 62 Closing Agent shall close the transaction on the next day that is not a Saturday, Sunday, legal holiday, or day when the 63 county recording office is closed. Buyer shall be entitled to possession at 9:00 p.m. on the Possession Date. Seller shall 64 maintain the Property in its present condition, normal wear and tear excepted, until the Buyer is provided possession. 65 Buyer reserves the right to walk through the Property within 5 days of Closing to verify that Seller has maintained the 66 Property as required by this paragraph. Seller shall not enter into or modify existing leases or rental agreements, 67 service contracts, or other agreements affecting the Property which have terms extending beyond Closing without first 68 obtaining Buyer's consent,which shall not be unreasonably withheld. 69 f. Section 1031 Like-Kind Exchange. If either Buyer or Seller intends for this transaction to be a part of a Section 1031 70 like-kind exchange, then the other party shall cooperate in the completion of the like-kind exchange so long as the 71 cooperating party incurs no additional liability in doing so, and so long as any expenses (including attorneys' fees and 72 costs) incurred by the cooperating party that are related only to the exchange are paid or reimbursed to the cooperating 73 party at or prior to Closing. Notwithstanding the Assignment paragraph of this Agreement, any party completing a 74 Section 1031 like-kind exchange may assign this Agreement to its qualified intermediary or any entity set up for the 75 purposes of completing a reverse exchange. 76 g. Closing Costs and Prorations and Charges and Assessments. Seller and Buyer shall each pay one-half of the 77 escrow fee unless otherwise required by applicable FHA or VA regulations. Taxes for the current year, rent, interest, 78 and lienable homeowner's association dues shall be prorated as of Closing. Buyer shall pay Buyer's loan costs, 79 including credit report, appraisal charge and lender's title insurance, unless provided otherwise in this Agreement. If any 80 payments are delinquent on encumbrances which will remain after Closing, Closing Agent is instructed to pay such 81 delinquencies at Closing from money due, or to be paid by, Seller. Buyer shall pay for remaining fuel in the fuel tank if, 82 prior to Closing, Seller obtains a written statement from the supplier as to the quantity and current price and provides 83 such statement to the Closing Agent. Seller shall pay all utility charges, including unbilled charges. Unless waived in 84 Specific Term No. 11, Seller and Buyer request the services of Closing Agent in disbursing funds necessary to satisfy 85 unpaid utility charges in accordance with RCW 60.80 and Seller shall provide the names and addresses of all utilities 86 providing service to the Property and having lien rights (attach NWMLS Form 22K Identification of Utilities or 87 equivalent). 88 Buyer is advised to verify the existence and amount of any local improvement district, capacity or impact charges or 89 other assessments that may be charged against the Property before or after Closing. Seller will pay such charges that 90 are or become due on or before Closing. Charges levied before Closing, but becoming due after Closing shall be paid 91 as agreed in Specific Term No.12. 92 h. Sale Information. Listing Broker and Buyer Broker are authorized to report this Agreement (including price and all 93 terms)to the Multiple Listing Service that published it and to its members,financing institutions, appraisers, and anyone 94 else related to this sale. Buyer and Seller expressly authorize all Closing Agents, appraisers, title insurance companies, 95 and others related to this Sale, to furnish the Listing Broker and/or Buyer Broker, on request, any and all information 96 and copies of documents concerning this sale. 97 L Seller Citizenship and FIRPTA. Seller warrants that the identification of Seller's citizenship status for purposes of U.S. 98 income taxation in Specific Term No. 13 is correct. Seller shall execute a certification (NWMLS Form 22E or equivalent) 99 under the Foreign Investment In Real Property Tax Act ("FIRPTA") and provide the certification to the Closing Agent 100 within 10 days of mutual acceptance. If Seller is a foreign person for purposes of U.S. income taxation, and this 101 transaction is not otherwise exempt from FIRPTA, Closing Agent is instructed to withhold and pay the required amount 102 to the Internal Revenue Service. 103 If Seller fails to provide the FIRPTA certification to the Closing Agent within 10 days of mutual acceptance, Buyer may 104 give notice that Buyer may terminate the Agreement at any time 3 days thereafter (the "Right to Terminate Notice"). If 105 Seller has not earlier provided the FIRPTA certification to the Closing Agent, Buyer may give notice of termination of 106 this Agreement (the "Termination Notice") any time following 3 days after delivery of the Right to Terminate Notice. If 107 Buyer gives the Termination Notice before Seller provides the FIRPTA certification to the Closing Agent, this Agreement 108 is terminated and the Earnest Money shall be refunded to Buyer. 109 06/03/2022 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:7DB8952F-58E7-EC11-B656-501AC56BE253 Form 25 ©Copyright 2021 Vacant Land PSA VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.3/21 General Terms ALL RIGHTS RESERVED Page 4 of 6 j. Notices and Delivery of Documents. Any notice related to this Agreement (including revocations of offers or 110 counteroffers) must be in writing. Notices to Seller must be signed by at least one Buyer and shall be deemed delivered 111 only when the notice is received by Seller, by Listing Broker, or at the licensed office of Listing Broker. Notices to Buyer 112 must be signed by at least one Seller and shall be deemed delivered only when the notice is received by Buyer, by 113 Buyer Broker, or at the licensed office of Buyer Broker. Documents related to this Agreement, such as NWMLS Form 114 17C, Information on Lead-Based Paint and Lead-Based Paint Hazards, Public Offering Statement or Resale Certificate, 115 and all other documents shall be delivered pursuant to this paragraph. Buyer and Seller must keep Buyer Broker and 116 Listing Broker advised of their whereabouts in order to receive prompt notification of receipt of a notice. 117 Facsimile transmission of any notice or document shall constitute delivery. E-mail transmission of any notice or 118 document(or a direct link to such notice or document)shall constitute delivery when: (i)the e-mail is sent to both Buyer 119 Broker and Buyer Brokerage Firm or both Listing Broker and Listing Brokerage Firm at the e-mail addresses specified 120 on page one of this Agreement; or (ii) Buyer Broker or Listing Broker provide written acknowledgment of receipt of the 121 e-mail (an automatic e-mail reply does not constitute written acknowledgment). At the request of either party, or the 122 Closing Agent,the parties will confirm facsimile or e-mail transmitted signatures by signing an original document. 123 k. Computation of Time. Unless otherwise specified in this Agreement, any period of time measured in days and stated in 124 this Agreement shall start on the day following the event commencing the period and shall expire at 9:00 p.m. of the last 125 calendar day of the specified period of time. Except for the Possession Date, if the last day is a Saturday, Sunday or legal 126 holiday as defined in RCW 1.16.050, the specified period of time shall expire on the next day that is not a Saturday, 127 Sunday or legal holiday.Any specified period of 5 days or less, except for any time period relating to the Possession Date, 128 shall not include Saturdays, Sundays or legal holidays. If the parties agree that an event will occur on a specific calendar 129 date, the event shall occur on that date, except for the Closing Date, which, if it falls on a Saturday, Sunday, legal holiday 130 as defined in RCW 1.16.050, or day when the county recording office is closed, shall occur on the next day that is not a 131 Saturday, Sunday, legal holiday, or day when the county recording office is closed. When counting backwards from 132 Closing, any period of time measured in days shall start on the day prior to Closing and if the last day is a Saturday, 133 Sunday or legal holiday as defined in RCW 1.16.050, the specified period of time shall expire on the next day, moving 134 forward, that is not a Saturday, Sunday or legal holiday (e.g. Monday or Tuesday). If the parties agree upon and attach a 135 legal description after this Agreement is signed by the offeree and delivered to the offeror, then for the purposes of 136 computing time, mutual acceptance shall be deemed to be on the date of delivery of an accepted offer or counteroffer to 137 the offeror, rather than on the date the legal description is attached.Time is of the essence of this Agreement. 138 I. Integration and Electronic Signatures. This Agreement constitutes the entire understanding between the parties and 139 supersedes all prior or contemporaneous understandings and representations. No modification of this Agreement shall 140 be effective unless agreed in writing and signed by Buyer and Seller. The parties acknowledge that a signature in 141 electronic form has the same legal effect and validity as a handwritten signature. 142 m. Assignment. Buyer may not assign this Agreement, or Buyer's rights hereunder, without Seller's prior written consent, 143 unless the parties indicate that assignment is permitted by the addition of "and/or assigns" on the line identifying the 144 Buyer on the first page of this Agreement. 145 In. Default. In the event Buyer fails, without legal excuse, to complete the purchase of the Property, then the following 146 provision, as identified in Specific Term No. 7, shall apply: 147 i. Forfeiture of Earnest Money. That portion of the Earnest Money that does not exceed five percent (5%) of the 148 Purchase Price shall be forfeited to the Seller as the sole and exclusive remedy available to Seller for such failure. 149 ii. Seller's Election of Remedies. Seller may, at Seller's option, (a) keep the Earnest Money as liquidated damages 150 as the sole and exclusive remedy available to Seller for such failure, (b) bring suit against Buyer for Seller's actual 151 damages, (c) bring suit to specifically enforce this Agreement and recover any incidental damages, or (d) pursue 152 any other rights or remedies available at law or equity. 153 o. Professional Advice and Attorneys' Fees. Buyer and Seller are advised to seek the counsel of an attorney and a 154 certified public accountant to review the terms of this Agreement. Buyer and Seller shall pay their own fees incurred for 155 such review. However, if Buyer or Seller institutes suit against the other concerning this Agreement, or if the party 156 holding the Earnest Money commences an interpleader action, the prevailing party is entitled to reasonable attorneys' 157 fees and expenses. 158 p. Offer. This offer must be accepted by 9:00 p.m. on the Offer Expiration Date, unless sooner withdrawn. Acceptance 159 shall not be effective until a signed copy is received by the other party, by the other party's broker, or at the licensed 160 office of the other party's broker pursuant to General Term j. If this offer is not so accepted, it shall lapse and any 161 Farnesit Money shall be refunded to Buyer. 162 K 06/03/2022 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Aulhentisign ID:7DB8952F-58E7-EC11-B656-501AC56BE253 Form 25 ©Copyright 2021 Vacant Land PSA VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.3/21 General Terms ALL RIGHTS RESERVED Page 5 of 6 q. Counteroffer. Any change in the terms presented in an offer or counteroffer, other than the insertion of or change to 163 Seller's name and Seller's warranty of citizenship status, shall be considered a counteroffer. If a party makes a 164 counteroffer, then the other party shall have until 9:00 p.m. on the counteroffer expiration date to accept that 165 counteroffer, unless sooner withdrawn. Acceptance shall not be effective until a signed copy is received by the other 166 party, the other party's broker, or at the licensed office of the other party's broker pursuant to General Term j. If the 167 counteroffer is not so accepted, it shall lapse and any Earnest Money shall be refunded to Buyer. 168 r. Offer and Counteroffer Expiration Date. If no expiration date is specified for an offer/counteroffer, the 169 offer/counteroffer shall expire 2 days after the offer/counteroffer is delivered by the party making the offer/counteroffer, 170 unless sooner withdrawn. 171 s. Agency Disclosure. Buyer Brokerage Firm, Buyer Brokerage Firm's Designated Broker, Buyer Broker's Branch 172 Manager (if any) and Buyer Broker's Managing Broker (if any) represent the same party that Buyer Broker represents. 173 Listing Brokerage Firm, Listing Brokerage Firm's Designated Broker, Listing Broker's Branch Manager (if any), and 174 Listing Broker's Managing Broker (if any) represent the same party that the Listing Broker represents. If Buyer Broker 175 and Listing Broker are different persons affiliated with the same Firm, then both Buyer and Seller confirm their consent 176 to Designated Broker, Branch Manager(if any), and Managing Broker(if any) representing both parties as dual agents. 177 If Buyer Broker and Listing Broker are the same person representing both parties then both Buyer and Seller confirm 178 their consent to that person and his/her Designated Broker, Branch Manager (if any), and Managing Broker (if any) 179 representing both parties as dual agents. All parties acknowledge receipt of the pamphlet entitled "The Law of Real 180 Estate Agency." 181 t. Commission. Seller and Buyer shall pay a commission in accordance with any listing or commission agreement to 182 which they are a party. The Listing Brokerage Firm's commission shall be apportioned between Listing Brokerage Firm 183 and Buyer Brokerage Firm as specified in the listing. Seller and Buyer hereby consent to Listing Brokerage Firm or 184 Buyer Brokerage Firm receiving compensation from more than one party. Seller and Buyer hereby assign to Listing 185 Brokerage Firm and Buyer Brokerage Firm, as applicable, a portion of their funds in escrow equal to such 186 commission(s) and irrevocably instruct the Closing Agent to disburse the commission(s) directly to the Firm(s). In any 187 action by Listing or Buyer Brokerage Firm to enforce this paragraph, the prevailing party is entitled to court costs and 188 reasonable attorneys' fees. Seller and Buyer agree that the Firms are intended third party beneficiaries under this 189 Agreement. 190 u. Feasibility Contingency. It is the Buyer's responsibility to verify before the Feasibility Contingency Expiration Date 191 identified in Specific Term No.15 whether or not the Property can be platted, developed and/or built on (now or in the 192 future)and what it will cost to do this. Buyer should not rely on any oral statements concerning this made by the Seller, 193 Listing Broker or Buyer Broker. Buyer should inquire at the city or county, and water, sewer or other special districts in 194 which the Property is located. Buyer's inquiry should include, but not be limited to: building or development moratoriums 195 applicable to or being considered for the Property; any special building requirements, including setbacks, height limits or 196 restrictions on where buildings may be constructed on the Property; whether the Property is affected by a flood zone, 197 wetlands, shorelands or other environmentally sensitive area; road, school, fire and any other growth mitigation or 198 impact fees that must be paid; the procedure and length of time necessary to obtain plat approval and/or a building 199 permit; sufficient water, sewer and utility and any service connection charges; and all other charges that must be paid. 200 Buyer and Buyer's agents, representatives, consultants, architects and engineers shall have the right, from time to time 201 during and after the feasibility contingency, to enter onto the Property and to conduct any tests or studies that Buyer 202 may need to ascertain the condition and suitability of the Property for Buyer's intended purpose. Buyer shall restore the 203 Property and all improvements on the Property to the same condition they were in prior to the inspection. Buyer shall be 204 responsible for all damages resulting from any inspection of the Property performed on Buyer's behalf. If the Buyer does 205 not give notice to the contrary on or before the Feasibility Contingency Expiration Date identified in Specific Term No. 206 15, it shall be conclusively deemed that Buyer is satisfied as to development and/or construction feasibility and cost. If 207 Buyer gives notice this Agreement shall terminate and the Earnest Money shall be refunded to Buyer, less any unpaid 208 costs. The Feasibility Contingency Addendum (NWMLS Form 35F), if included in the Agreement, supersedes the 209 Feasibility Contingency in Specific Term No. 15 and this General Term u. 210 Seller shall cooperate with Buyer in obtaining permits or other approvals Buyer may reasonably require for Buyer's 211 intended use of the Property; provided that Seller shall not be required to incur any liability or expenses in doing so. 212 v. Subdivision. If the Property must be subdivided, Seller represents that there has been preliminary plat approval for the 213 Property and this Agreement is conditioned on the recording of the final plat containing the Property on or before the 214 date specified in Specific Term No. 14. If the final plat is not recorded by such date, this Agreement shall terminate and 215 the Earnest Money shall be refunded to Buyer. 216 06/03/2022 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:7DB8952F-58E7-EC11-B656-501AC56BE253 Form 25 ©Copyright 2021 Vacant Land PSA VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.3/21 General Terms ALL RIGHTS RESERVED Page 6 of 6 w. Information Verification Period. Buyer shall have 10 days after mutual acceptance to verify all information provided 217 from Seller or Listing Brokerage Firm related to the Property. This contingency shall be deemed satisfied unless Buyer 218 gives notice identifying the materially inaccurate information within 10 days of mutual acceptance. If Buyer gives timely 219 notice under this section, then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. 220 x. Property Condition Disclaimer. Buyer and Seller agree, that except as provided in this Agreement, all representations 221 and information regarding the Property and the transaction are solely from the Seller or Buyer, and not from any Broker. 222 The parties acknowledge that the Brokers are not responsible for assuring that the parties perform their obligations 223 under this Agreement and that none of the Brokers has agreed to independently investigate or confirm any matter 224 related to this transaction except as stated in this Agreement, or in a separate writing signed by such Broker. In 225 addition, Brokers do not guarantee the value, quality or condition of the Property and some properties may contain 226 building materials, including siding, roofing, ceiling, insulation, electrical, and plumbing, that have been the subject of 227 lawsuits and/or governmental inquiry because of possible defects or health hazards. Some properties may have other 228 defects arising after construction, such as drainage, leakage, pest, rot and mold problems. In addition, some properties 229 may contain soil or other contamination that is not readily apparent and may be hazardous. Brokers do not have the 230 expertise to identify or assess defective or hazardous products, materials, or conditions. Buyer is urged to use due 231 diligence to inspect the Property to Buyer's satisfaction and to retain inspectors qualified to identify the presence of 232 defective or hazardous materials and conditions and evaluate the Property as there may be defects and hazards that 233 may only be revealed by careful inspection. Buyer is advised to investigate whether there is a sufficient water supply to 234 meet Buyer's needs. Buyer is advised to investigate the cost of insurance for the Property, including, but not limited to 235 homeowner's, fire, flood, earthquake, landslide, and other available coverage. Buyer acknowledges that local 236 ordinances may restrict short term rentals of the Property. Brokers may assist the parties with locating and selecting 237 third party service providers, such as inspectors or contractors, but Brokers cannot guarantee or be responsible for the 238 services provided by those third parties. The parties shall exercise their own judgment and due diligence regarding 239 third-party service providers. 240 06/03/2022 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:7DB8952F-58E7-EC11-B656-501AC56BE253 Form 22D a..,r ©Copyright 2021 Optional Clauses Addendum Northwest Multiple Listing Service Rev.3/21 OPTIONAL CLAUSES ADDENDUM TO ALL RIGHTS RESERVED Page 1 of 2 PURCHASE &SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated June 02,2022 1 between New Hiawatha LLC ("Buyer") 2 Buyer Buyer and Mason County ("Seller") 3 Seller Seller concerning 0 E Johns Prairie Road Shelton WA 98584 (the"Property"). 4 Address City State Zip CHECK IF INCLUDED: 5 1. m Square Footage/Lot Size/Encroachments. The Listing Broker and Buyer Broker make no representations 6 concerning: (a)the lot size or the accuracy of any information provided by the Seller; (b)the square footage of 7 any improvements on the Property; (c)whether there are any encroachments (fences, rockeries, buildings) on 8 the Property, or by the Property on adjacent properties. Buyer is advised to verify lot size, square footage and 9 encroachments to Buyer's own satisfaction. 10 2. Title Insurance. The Title Insurance clause in the Agreement provides Seller is to provide the then-current ALTA 11 form of Homeowner's Policy of Title Insurance. The parties have the option to provide less coverage by selecting 12 a Standard Owner's Policy or more coverage by selecting an Extended Coverage Policy: 13 ❑ Standard Owner's Coverage. Seller authorizes Buyer's lender or Closing Agent, at Seller's expense, to 14 apply for the then-current ALTA form of Owner's Policy of Title Insurance, together with homeowner's 15 additional protection and inflation protection endorsements, if available at no additional cost, rather than 16 the Homeowner's Policy of Title Insurance. 17 ❑ Extended Coverage. Seller authorizes Buyer's lender or Closing Agent, at Seller's expense to apply for 18 an ALTA or comparable Extended Coverage Policy of Title Insurance, rather than the Homeowner's 19 Policy of Title Insurance. Buyer shall pay the increased costs associated with the Extended Coverage 20 Policy, including the excess premium over that charged for Homeowner's Policy of Title Insurance and 21 the cost of any survey required by the title insurer. 22 3. ❑ Seller Cleaning. Seller shall clean the interiors of any structures and remove all trash, debris and rubbish 23 from the Property prior to Buyer taking possession. 24 4. ❑ Personal Property. Unless otherwise agreed, Seller shall remove all personal property from the Property 25 not later than the Possession Date. Any personal property remaining on the Property thereafter shall become 26 the property of Buyer, and may be retained or disposed of as Buyer determines. 27 5. ❑ Utilities. To the best of Seller's knowledge, Seller represents that the Property is connected to: 28 ❑ public water main; ❑ public sewer main; ❑ septic tank; ❑ well (specify type) 29 ❑ irrigation water(specify provider) ; ❑ natural gas; ❑ telephone; ❑ electricity; 30 ❑ cable (specify provider) ; ❑ internet(specify provider) 31 ❑ other 32 6. ❑ Insulation - New Construction. If this is new construction, Federal Trade Commission Regulations require 33 the following to be filled in. If insulation has not yet been selected, FTC regulations require Seller to furnish 34 Buyer the information below in writing as soon as available: 35 WALL INSULATION: TYPE: THICKNESS: R-VALUE: 36 CEILING INSULATION: TYPE: THICKNESS: R-VALUE: 37 OTHER INSULATION DATA: 38 06/03/2022 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:7DB8952F-58E7-EC11-B656-501AC56BE253 Form 22D ©Copyright 2021 Optional Clauses Addendum Northwest Multiple Listing Service Rev.3/21 ALL RIGHTS RESERVED Page 2 of 2 OPTIONAL CLAUSES ADDENDUM TO PURCHASE & SALE AGREEMENT Continued 7. ❑ Leased Property Review Period and Assumption. Buyer acknowledges that Seller leases the following 39 items of personal property that are included with the sale: ❑ propane tank; ❑ security system; ❑ satellite 40 dish and operating equipment; ❑ other . 41 Seller shall provide Buyer a copy of the lease for the selected items within days (5 days if not filled 42 in) of mutual acceptance. If Buyer, in Buyer's sole discretion, does not give notice of disapproval within 43 days (5 days if not filled in) of receipt of the lease(s) or the date that the lease(s) are due, whichever 44 is earlier, then this lease review period shall conclusively be deemed satisfied (waived) and at Closing, Buyer 45 shall assume the lease(s) for the selected item(s) and hold Seller harmless from and against any further 46 obligation, liability, or claim arising from the lease(s), if the lease(s) can be assumed. If Buyer gives timely 47 notice of disapproval, then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. 48 8. ❑ Homeowners' Association Review Period. If the Property is subject to a homeowners' association or any 49 other association, then Seller shall, at Seller's expense, provide Buyer a copy of the following documents (if 50 available from the Association)within days (10 days if not filled in)of mutual acceptance: 51 a. Association rules and regulations, including, but not limited to architectural guidelines; 52 b. Association bylaws and covenants, conditions, and restrictions (CC&Rs); 53 c. Association meeting minutes from the prior two (2)years; 54 d. Association Board of Directors meeting minutes from the prior six(6) months; and 55 e. Association financial statements from the prior two (2)years and current operating budget. 56 If Buyer, in Buyer's sole discretion, does not give notice of disapproval within days (5 days if not 57 filled in) of receipt of the above documents or the date that the above documents are due, whichever is 58 earlier, then this homeowners' association review period shall conclusively be deemed satisfied (waived). If 59 Buyer gives timely notice of disapproval, then this Agreement shall terminate and the Earnest Money shall be 60 refunded to Buyer. 61 9. ❑ Homeowners'Association Transfer Fee. If there is a transfer fee imposed by the homeowners' association 62 or any other association (e.g. a "move-in" or"move-out"fee), the fee shall be paid by the party as provided for 63 in the association documents. If the association documents do not provide which party pays the fee, the fee 64 shall be paid by ❑ Buyer; ❑ Seller(Seller if not filled in). 65 10. ❑ Excluded Item(s). The following item(s), that would otherwise be included in the sale of the Property, is 66 excluded from the sale ("Excluded Item(s)"). Seller shall repair any damage to the Property caused by the 67 removal of the Excluded Item(s). Excluded Item(s): 68 69 70 11. ❑ Home Warranty. Buyer and Seller acknowledge that home warranty plans are available which may provide 71 additional protection and benefits to Buyer and Seller. Buyer shall order a one-year home warranty as follows: 72 a. Home warranty provider: 73 b. Seller shall pay up to $ ($0.00 if not filled in) of the cost for the home warranty, together 74 with any included options, and Buyer shall pay any balance. 75 c. Options to be included: 76 (none, if not filled in). 77 d. Other: 78 12. ❑ Other. 79 80 81 82 83 84 85 06/03/2022 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:7DB8952F-58E7-EC11-B656-501AC56BE253 Form 22EF Slim— ftamm ©Copyright 2019 Evidence of Funds Addendum 6*611111,11411W Northwest Multiple Listing Service Rev.7/19 EVIDENCE OF FUNDS ADDENDUM ALL RIGHTS RESERVED Page 1 of 1 TO PURCHASE & SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated June 02,2022 1 between New Hiawatha LLC ("Buyer") 2 Buyer Buyer and Mason County ("Seller") 3 Seller Seller concerning 0 E Johns Prairie Road Shelton WA 98584 (the"Property"). 4 Address City State Zip 1. DEFINITIONS. 5 a. "Evidence" means document(s) from a financial institution(s) in the United States showing that Buyer has 6 sufficient cash or cash equivalent in United States funds. 7 b. "Non-Contingent Funds" means funds that Buyer currently has in its possession and for which there is no 8 contingency, such as financing (NWMLS Form 22A or equivalent), sale of Buyer's property (NWMLS Form 9 22B or equivalent), or pending sale of Buyer's property (NWMLS Form 22Q or equivalent). 10 c. "Contingent Funds" means funds that Buyer does not currently have, but expects to receive from another 11 source prior to Closing, and for which there is no contingency, such as a loan, proceeds from the sale of 12 other property or stock, retirement funds, foreign funds, a gift, or future earnings. 13 2. �d EVIDENCE OF NON-CONTINGENT FUNDS. Buyer is relying on Non-Contingent Funds for payment of the 14 Purchase Price. Buyer shall provide Evidence to Seller of such funds within 3 days (3 days if not 15 filled in) of mutual acceptance. Unless Buyer discloses other sources of funds for the payment of the Purchase 16 Price, Buyer represents that the Non-Contingent Funds are sufficient to pay the Purchase Price. Buyer shall not 17 use such Non-Contingent Funds for any purpose other than the purchase of the Property without Seller's prior 18 written consent. If Buyer fails to timely provide such Evidence, Seller may give notice terminating this 19 Agreement any time before such Evidence is provided. Upon Seller's notice of termination under this 20 Addendum, the Earnest Money shall be refunded to Buyer. 21 3. ❑ DISCLOSURE OF CONTINGENT FUNDS. Buyer is relying on Contingent Funds for the Purchase Price: 22 ❑ Loan: 23 ❑ Sale of the following owned by Buyer: 24 ❑ Gift of$ from 25 ❑ Funds not readily convertible to liquid United States funds (describe): 26 27 ❑ Other(describe): 28 Buyer shall provide Evidence to Seller days (10 days if not filled in) prior to Closing that the funds 29 relied upon in Section 3 have been received or are immediately available to Buyer. If Buyer fails to timely 30 provide such Evidence, Seller may give notice terminating this Agreement any time before such Evidence is 31 provided. Buyer shall provide Seller with additional information about such funds as may be reasonably 32 requested by Seller from time to time. Upon Seller's notice of termination under this Addendum, the Earnest 33 Money shall be refunded to Buyer. 34 If Buyer disclosed that Buyer is obtaining a loan, Seller shall permit an appraisal of the Property and inspections 35 required by lender, including but not limited to structural, pest, heating, plumbing, roof, electrical, septic, and 36 well inspections. Seller is not obligated to pay for such inspections unless otherwise agreed. 37 4. BUYER DEFAULT. If Buyer fails to timely close because the Contingent Funds identified in Section 3 are not 38 available by Closing, Buyer shall be in default and Seller shall be entitled to remedies as provided for in the 39 Agr ement. 40 �Pr j 06/03/2022 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign to:7DB8952F-58E7-EC11-B656-501AC56BE253 Form 22 L&A ©Copyright 2021 Land&Acreage Addendum Northwest Multiple Listing Service Rev.3/21 ALL RIGHTS RESERVED Page 1 of 4 LAND AND ACREAGE ADDENDUM The following is part of the Purchase and Sale Agreement dated June 02,2022 1 between New Hiawatha LLC ("Buyer") 2 Buyer Buyer and Mason County ("Seller") 3 Seller Seller concerning 0 E Johns Prairie Road Shelton WA 98584 (the"Property"). 4 Address City State Zip 1. BUYER ACKNOWLEDGMENTS: If Buyer has any questions regarding the Property, Buyer is advised to make 5 the Agreement subject to relevant inspections, tests, surveys, and/or reports. BUYER ACKNOWLEDGES: 6 a. Buyer has observed and investigated the Property and has reached Buyer's own conclusions as to the 7 adequacy, acceptability, and suitability of the Property and surrounding area, and the feasibility and 8 desirability of acquiring the Property for Buyer's intended use, based solely on Buyer's examination of the 9 Property. 10 b. A generally accepted method for identifying boundary lines and verifying the size of the Property is to have 11 the Property surveyed, and corners identified and marked. A survey will confirm that the legal description is 12 accurate and that any presumed fences or other boundary markings are correctly located. Neither the Listing 13 Broker nor the Buyer Broker shall be responsible for any discrepancies in boundary lines, information 14 regarding the size of the Property, identification of easements or encroachment problems. 15 c. A generally accepted method for determining whether on-site sewage disposal systems may be installed on 16 the Property is to have tests performed, such as "perc" tests, which are approved by the county for limited 17 time periods. Except as otherwise provided in the Agreement, Buyer assumes the risk that the Property is 18 suitable for any needed on-site sewage disposal system and related equipment. 19 d. A generally accepted method for determining water quality from any well or other water delivery system is to 20 have tests conducted by qualified professionals for organic and inorganic materials, including, but not limited 21 to bacteria, coliform, lead, arsenic, nitrates, and uranium. A generally accepted method for determining water 22 quantity produced by a well is to have a test conducted by experts to determine gallons per minute. Buyer 23 understands that the results of such tests only provide information regarding water quality or quantity at the 24 time of the test(s) and provide no representation or guarantee that results will not change or vary at other 25 times. 26 e. If the Property is currently taxed at a reduced rate because a special classification such as open space, 27 agricultural, or forest land, and Buyer is to continue that use, Buyer understands approval from the county will 28 need to be obtained and that significant increased taxes, back taxes, penalties and interest may be required 29 to be paid if the use classification is changed or withdrawn at Closing or in the future. 30 f. A generally accepted method for determining the value of timber growing on the Property is to have a 31 qualified forester or forest products expert"cruise"the Property and give a written valuation. 32 g. On-site sewage systems should be inspected by qualified professionals licensed by the local municipality. If 33 there is an on-site sewage system on the Property that has not been recently used, Buyer should consider 34 conducting a purge test and other inspections to determine whether there are any defects in the system. A 35 purge test consists of introducing water into the system to determine whether the system is functioning 36 properly. 37 h. Additional tests or inspections of the Property may be required by local or state governmental agencies before 38 title to the Property is transferred. 39 i. Seller may have entered into lease or rental agreements that extend beyond the Closing Date. Buyer should 40 use due diligence to investigate such agreements. 41 j. Seller shall have the right to harvest all crops in the ordinary course of business until the Possession Date. 42 06/03/2022 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:7DB8952F-58E7-EC11-B656-501AC56BE253 Form 22L&A ©Copyright 2021 Land&Acreage Addendum Northwest Multiple Listing Service Rev.3/21 ALL RIGHTS RESERVED Page 2 of 4 LAND AND ACREAGE ADDENDUM Continued 2. CONTINGENCIES: 43 a. General Contingency Provisions. This Agreement is conditioned on the applicable contingencies below. 44 The work to be performed shall be timely ordered by the party responsible for payment, except for the 45 Feasibility Study (if applicable), and shall be performed by qualified professionals. If Seller is responsible for 46 ordering the work and fails to timely do so, Seller will be in breach of the Agreement. 47 b. Contingency Periods. The applicable contingency periods shall commence on mutual acceptance of the 48 Agreement. If Buyer gives notice of disapproval and termination of the Agreement within the applicable 49 contingency period, the Earnest Money shall be refunded to Buyer. If Buyer fails to give timely notice within 50 the applicable contingency period, then the respective contingency shall be deemed waived. 51 c. Contingencies. Items checked below are to be paid by Buyer or Seller as indicated below and are 52 contingencies to the Agreement. Notwithstanding the payment allocation provided for herein, if the Agreement 53 fails to close as a consequence of a Seller's breach, the costs of the following shall be borne by the Seller: 54 Paid by Paid by Contingency period 55 Buyer Seller (10 days if not filled in) 56 ❑ ❑ i. Survey. Completion of survey to verify information regarding days 57 the Property as listed in 1(b), with results of the survey to be 58 satisfactory to Buyer in Buyer's sole discretion. Seller shall 59 provide any prior surveys of the Property to Buyer,if available. 60 ❑ ❑ ii. Perc Test. Perc or similar test, conducted by a qualified days 61 professional, indicating that the Property is suitable for 62 installation of conventional septic system and drain field. If 63 the sale fails to close, the party who paid for the perc test 64 shall fill in holes at their expense within two weeks of the 65 date the transaction is terminated. Earnest Money shall not 66 be refunded to Buyer until perc holes are filled in if this is 67 Buyer's responsibility. 68 ❑ ❑ iii. On-Site Sewage System. The on-site sewage system days 69 ("OSS") shall be inspected and, if the inspector determines 70 necessary, pumped by a qualified professional, with results of 71 the inspection to be satisfactory to Buyer in Buyer's sole 72 discretion. If Seller had the OSS inspected within 73 months (12 months if not filled in) of mutual acceptance and 74 Seller provides Buyer with written evidence thereof, including 75 an inspection report, there shall be no obligation to inspect and 76 pump the OSS unless otherwise required by Buyer's lender. If 77 VA financing is used, Buyer's lender may require certification of 78 the OSS. If Seller has not already conducted an inspection, 79 Buyer shall have the right to observe the inspection. 80 The OSS inspection ❑ shall; ❑ shall not include a purge 81 test to determine if the OSS is functioning properly. 82 Seller shall deliver to Buyer the maintenance records, if 83 available, of the OSS serving the Property within 84 days(10 days if not filled in)of mutual acceptance. 85 ❑ ❑ iv. Water Quality. Water quality and/or purity tests showing days 86 water meets the approval standards of the Department of 87 Ecology and the standards of the governing county. Water 88 quality tests to be performed by a qualified professional. 89 Water quality and/or purity tests ❑ shall; ❑ shall not be 90 submitted to a private lab for further evaluation. 91 06/03/2022 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:7DB8952F-58E7-EC11-B656-501AC56BE253 Form 22L&A ©Copyright 2021 Land&Acreage Addendum Northwest Multiple Listing Service Rev.3/21 ALL RIGHTS RESERVED Page 3 of 4 LAND AND ACREAGE ADDENDUM Continued ❑ ❑ v. Water Quantity. Water quantity tests (4 hour draw down days 92 test or other test selected by Buyer) showing a sustained 93 flow of g. p. m., which Buyer agrees will be 94 adequate to reasonably meet Buyer's needs. Water 95 quantity test to be performed by a qualified professional. 96 ❑ ❑ vi. Timber. Timber cruise conducted by a qualified forest days 97 products expert of Buyer's choice, with results of the cruise 98 to be satisfactory to Buyer in Buyer's sole discretion. 99 3. ADDITIONAL PROVISIONS (check as applicable) 100 ❑ Feasibility Study. If this box is checked, this paragraph supersedes and replaces the Feasibility Contingency 101 set forth in Specific Term 15 and General Term "u" of Form 25 (Vacant Land Purchase and Sale Agreement). 102 Completion of a feasibility study and determination, in Buyer's sole discretion, that the Property and any 103 matters affecting the Property including, without limitation, the condition of any improvements to the Property, 104 the condition and capacity of irrigation pumps, system and wells, the adequacy of water rights for the Property, 105 the licensure of wells, permitted or certificated water rights for the Property, the location and size of any critical 106 area on the Property, the number and location of approved road approaches from public roads, and the 107 presence of recorded access easements to the Property, are suitable for Buyer's intended use(s), and that it is 108 feasible and advantageous for Buyer to acquire the Property in accordance with the Agreement. In performing 109 any investigations, Buyer shall not interfere with any existing tenants' operations on the Property. 110 This feasibility study contingency shall conclusively be deemed waived unless within (10 days if 111 not filled in) after mutual acceptance, Buyer gives notice disapproving the feasibility study. If Buyer timely 112 disapproves the feasibility study and terminates the Agreement, the Earnest Money shall be refunded to Buyer. 113 ❑ Irrigation and Water Seller represents that there are shares of irrigation/frost 114 water rights applicable to the Property, all of which will be transferred to Buyer at Closing. The parties should 115 consult with an attorney to facilitate the transfer of any water rights. 116 ❑ Assignment and Assumption. At Closing, Seller will assign, transfer, and convey all of its right, title and 117 interest in, to and under any lease of the Property and will represent and warrant to Buyer that, as of the 118 Closing Date, there are no defaults under the leases and no condition exists or event has occurred or failed to 119 occur that with or without notice and the passage of time could ripen into such a default. At Closing, Buyer will 120 agree to defend, indemnify and hold Seller harmless from and against any obligation under the leases to the 121 extent delegated to and assumed by Buyer hereunder. 122 ❑ Attorney Review. This Agreement is conditioned on review and approval by the parties' attorneys on or 123 before . A party shall conclusively be deemed to have waived this contingency unless 124 notice in conformance with this Agreement is provided to the other party by the foregoing date. 125 ❑ Accessories. The indicated accessories are items included in addition to those stated in Specific Term 5 of 126 the Agreement: ❑ portable buildings; ❑ sheds and other outbuildings; ❑ game feeders; ❑ livestock feeders 127 and troughs; ❑ irrigation equipment; ❑ fuel tanks; ❑ submersible pumps; ❑ pressure tanks; ❑ corrals and 128 pens; ❑ gates and fences; ❑ chutes; ❑ other: 129 The value assigned to the personal property included in the sale shall be $ 130 Seller warrants title to, but not the condition of, the personal property and shall convey it by bill of sale. 131 ❑ CRP Program. Buyer must assume all Conservation Reserve Program ("CRP"), Wetland Restoration Program 132 ("WRP"), or similar program contracts and agree to continue them through the expiration date of each such contract. 133 All documentation for the assumption shall be completed prior to the Closing Date and must be approved by the USDA 134 or applicable government agency prior to Closing.Any applicable program payments shall be prorated as of Closing. 135 Seller shall deliver to Buyer all documents related to such programs within (10 days if not filled in) 136 after mutual acceptance. This Agreement is conditioned on Buyer's approval of the program documents. This 137 contingency shall be deemed waived unless Buyer gives notice of disapproval within days (5 days 138 if not filled in) after receipt of the program documents. If Buyer gives timely notice of disapproval, the 139 A Bement shall terminate and the Earnest Money shall be refunded to Buyer. 140 LW06/03/2022 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authenlisign ID:7DB8952F-58E7-EC11-B656-501AC56BE253 Form 22L&A ©Copyright 2021 Land&Acreage Addendum Northwest Multiple Listing Service Rev.3/21 ALL RIGHTS RESERVED Page 4 of 4 LAND AND ACREAGE ADDENDUM Continued ❑ 4. DOCUMENT REVIEW PERIOD. If this box is checked, Seller shall deliver to Buyer a copy of the following 141 documents within (20 days if not filled in)of mutual acceptance: 142 143 144 If Buyer, in Buyer's sole discretion, does not give notice of disapproval within days (15 days if 145 not filled in) of receipt of the above documents or the date that the above documents are due, then this 146 document review period shall conclusively be deemed satisfied (waived). If Buyer gives timely notice of 147 disapproval, then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. 148 ❑ 5. ADDITIONAL INSPECTIONS. If this box is checked and if a qualified professional performing any inspection 149 of the Property recommends further evaluation of the Property, Buyer shall have an additional 150 (10 days if not filled in) to obtain the additional inspection at Buyer's option and expense. On or before the 151 end of the applicable contingency period, Buyer shall provide a copy of the qualified professional's 152 recommendation and notice that Buyer will seek additional inspections. If Buyer gives timely notice of 153 additional inspections, the applicable contingency period shall be replaced by the additional period specified 154 above. The time for conducting the additional inspections shall commence on the day after Buyer gives 155 notices under this paragraph, and shall be determined as set forth in the Computation of Time paragraph of 156 the Agreement. 157 6. TAX DESIGNATION. 158 a. Classification of Property. Seller represents that the Property is classified as ❑ open space 159 ❑ farm and agricultural ❑ timberland under Chapter 84.34 RCW. 160 ❑ b. Removal from Classification. Buyer shall not file a notice of classification continuance at the time of 161 Closing and the Property shall be removed from its classification. All additional taxes, applicable interest, 162 and penalties assessed by the county assessor when the Property is removed from its classification shall 163 be paid by ❑ Seller ❑ Buyer ❑ both Seller and Buyer in equal shares (Seller if no box is checked). 164 ❑ c. Notice of Classification Continuance. In order to retain this classification, Buyer shall execute a notice 165 of classification continuance at or before the time of Closing. Seller and Buyer shall timely complete all 166 documents necessary to continue the classification. The notice of classification continuance shall be 167 attached to the real estate excise tax affidavit. Buyer acknowledges that if Buyer fails to execute a notice 168 of classification continuance, the county assessor must reassess the Property's taxable value and 169 retroactively impose additional taxes, applicable interest, and penalties,which Buyer shall pay. 170 06/03/2022 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:7DB8952F-58E7-EC11-B656-501AC56BE253 Form 35E 'Xdxn Bellimm ©Copyright 2021 Escalation Addendum b*oro - Northwest Multiple Listing Service Rev.4/21 ALL RIGHTS RESERVED Page 1 of ESCALATION ADDENDUM TO PURCHASE AND SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated June 02,2022 1 between New Hiawatha LLC ("Buyer") 2 Buyer Buyer and Mason County ("Seller") 3 Seller Seller concerning 0 E Johns Prairie Road Shelton WA 98584 (the "Property"). 4 Address City State Zip NOTICE TO BUYER: By including this Addendum in the Agreement, you agree to have your purchase price 5 increased if Seller receives an equal or higher offer from another buyer(the "Competing Offer"). This Addendum does 6 not assure that the Competing Offer used to establish your Purchase Price will, in all ways, be comparable to yours. 7 You are cautioned to offer no more than you are willing to pay for the Property. You are further cautioned that Seller 8 or the Listing Broker may disclose the terms of your offer, including this Addendum, to other potential buyers. 9 1. PURCHASE PRICE. If Seller receives a Competing Offer for the Property prior to accepting this offer, with a 10 Net Price equal to or greater than the Net Price of this offer, then the Net Price of this offer shall be 11 increased to $500.00 more than the Net Price of the Competing Offer. In no event, however, shall the 12 new Purchase Price of this offer exceed $_25,000.00 13 The term "Net Price" means the stated Purchase Price (or the maximum price if the Competing Offer contains a price 14 escalation clause)including any price adjustments such as credits to Buyer for closing costs or credits to Seller. 15 2. COMPETING OFFER. A Competing Offer must be a complete copy of a bona fide, arm's length, written offer on 16 NWMLS or similar forms, containing all material terms necessary for an enforceable agreement which (a) requires 17 the full Purchase Price to be paid in cash at closing; (b) provides for closing no later than 60 days (60 18 days if not filled in)from the date of this offer; and (c) is not contingent on the sale of the buyer's property (i.e. no 19 NWMLS Form 22B or equivalent). A Competing Offer may include other conditions, such as a buyer's pending 20 sale of property contingency(i.e. NWMLS Form 22Q or equivalent). 21 3. SELLER'S ACCEPTANCE. The parties shall use the "Escalation Addendum Notice" (Form 35EN) for notices 22 required by this section. 23 a. Competing Offer Required for Escalation. Seller's escalation of this offer shall not be effective unless 24 it is accompanied by a complete copy of any Competing Offer used to escalate the Purchase Price, 25 including any escalation provision. 26 i. If Seller fails to provide an offer to be used as a Competing Offer to Buyer at the time of mutual 27 acceptance, then Buyer may give notice to Seller of that fact within 3 days (3 days if not filled 28 in). If Buyer fails to timely give such notice, then Buyer shall be obligated to purchase at the new 29 Purchase Price calculated by Seller. If Buyer provides such notice, Seller shall have 1 days 30 (1 day if not filled in) to deliver the Competing Offer to Buyer. If Seller fails to timely deliver the 31 Competing Offer, Buyer shall be entitled to purchase the Property at the non-escalated price. 32 b. Notice to Seller— Non-Qualifying Competing Offer. 33 L If the offer provided by Seller does not qualify as a Competing Offer under Paragraph 2 of this 34 Addendum, Buyer may deliver notice to Seller of that fact within 3 days (3 days if not filled in) 35 of receipt of the Competing Offer. If Buyer fails to timely give such notice, the offer shall 36 conclusively be deemed to qualify as a Competing Offer under Paragraph 2 of this Addendum. 37 ii. If Buyer provides such notice to Seller, Seller shall have 2 days (2 days if not filled in) to give 38 notice of termination of this Agreement. If Seller timely gives such notice, the Earnest Money shall 39 be refunded to Buyer. If Seller does not timely give such notice of termination, then Buyer shall be 40 entitled to purchase the Property at the non-escalated Purchase Price. 41 06/03/2022 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:7DB8952F-58E7-EC11-B656-501AC56BE253 Form 35E ©Copyright 2021 Escalation Addendum Northwest Multiple Listing Service Rev.4/21 ESCALATION ADDENDUM TO ALL RIGHTS RESERVED Pages 2 of 2 PURCHASE AND SALE AGREEMENT Continued 4. NEW PURCHASE PRICE. a. Escalated Purchase Price. The following formula calculates the new Purchase Price. The new Purchase 42 Price can only be calculated when the Purchase Price of the Competing Offer is known. 43 Purchase Price of Competing Offer $ 44 (or the maximum purchase price of the Competing Offer 45 if it contains an escalation provision) 46 Less Credits (if any)to Buyer in Competing Offer $ 47 Plus Credits (if any)to Seller in Competing Offer $ 48 Competing Offer Net Purchase Price $ 49 Plus Escalation Amount(this offer) $ 50 Plus Credits (if any)to Buyer(this offer) $ 51 Less Credits (if any)to Seller(this offer) $ 52 New Purchase Price $ 53 b. Notice to Seller— New Purchase Price. i. If the new Purchase Price calculated by Seller is incorrect, Buyer may deliver notice to Seller of that 54 fact within days (3 days if not filled in) of receipt of the Competing Offer. Buyer's notice shall 55 include Buyer's calculation of the new Purchase Price. If Buyer fails to timely give such notice, the 56 new Purchase Price stated above shall conclusively be deemed to be correct. 57 ii. If Buyer provides such notice to Seller, Seller shall have days (2 days if not filled in) to give 58 notice of termination of this Agreement. If Seller timely provides such notice, the Earnest Money 59 shall be refunded to Buyer. If Seller does not timely give notice of termination, then Buyer's 60 calculated new Purchase Price in Buyer's notice shall conclusively be deemed to be correct. 61 Initials: BUYER: Date: 06/03/2022 SELLER: Date: BUYER: Date: SELLER: Date: Authentisign to:7DB8952F-58E7-EC11-B656-501AC56BE253 Form 22T sch- &Kkmm ©Copyright 2021 Title Contingency Addendum Northwest Northwest Multiple Listing Service Rev.3/21 TITLE CONTINGENCY ADDENDUM TO ALL RIGHTS RESERVED Page 1 of 1 PURCHASE &SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated June 02,2022 1 between New Hiawatha LLC ("Buyer") 2 Buyer Buyer and Mason County ("Seller") 3 Seller Seller concerning 0 E Johns Prairie Road Shelton WA 98584 (the "Property"). 4 Address City Slate Zip 1. Title Contingency. This Agreement is subject to Buyer's review of a preliminary commitment for title insurance, 5 together with any easements, covenants, conditions and restrictions of record. Buyer shall have 5 6 days (5 days if not filled in) from m the date of Buyer's receipt of the preliminary commitment for title insurance; 7 or ❑ mutual acceptance (from the date of Buyer's receipt, if neither box checked) to give notice of Buyer's 8 disapproval of exceptions contained in the preliminary commitment. If Buyer receives the preliminary 9 commitment before mutual acceptance, Buyer's time to review shall begin on mutual acceptance. 10 Seller shall have 5 days (5 days if not filled in) after Buyer's notice of disapproval to give Buyer 11 notice that Seller will clear all disapproved exceptions. Seller shall have until the Closing Date to clear all 12 disapproved exceptions. 13 If Seller does not give timely notice that Seller will clear all disapproved exceptions, Buyer may terminate this 14 Agreement within 3 days after the deadline for Seller's notice. In the event Buyer elects to terminate the 15 Agreement, the Earnest Money shall be returned to Buyer. If Buyer does not timely terminate the Agreement, 16 Buyer shall be deemed to have waived all objections to title, which Seller did not agree to clear. 17 2. Supplemental Title Reports. If supplemental title reports disclose new exception(s) to the title commitment, 18 then the above time periods and procedures for notice, correction, and termination for those new exceptions 19 shall apply to the date of Buyer's receipt of the supplemental title report. The Closing date shall be extended as 20 necessary to accommodate the foregoing times for notices. 21 3. Marketable Title. This Addendum does not relieve Seller of the obligation to provide marketable title at Closing 22 as provided for in the Agreement. 23 06/03/2022 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:7DB8952F-58E7-EC11-B656-501AC56BE253 Form 34 AiQdftdman ©Copyright 2010 Addendum/Amendment to P&S borerew- Northwest Multiple Listing Service Rev.7/10 ALL RIGHTS RESERVED Page 1 of 1 ADDENDUM/AMENDMENT TO PURCHASE AND SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated 1 between ("Buyer")2 Buyer Buyer and Mason County ("Seller")3 Seller Seller concerning WA (the "Property").4 Address City State Zip IT IS AGREED BETWEEN THE SELLER AND BUYER AS FOLLOWS: 5 1. This agreement is contingent upon the Mason County Commissioners approval of this purchase 6 and sales agreement, in an open public meeting. 7 2. Buyer waives the right to receive a completed Washington State Seller Disclosure Statement. 8 3. Escrow shall be Mason County Title and Escrow, Colleen Reamer. 9 4. Buyer shall pay for the Mason County Title Insurance policy. 10 5. Deed Shall Be a Treasures Deed, per RCW 36.35.130. 11 12 6. Buyer shall pay all current and past due Association dues. 13 7. Mason County Commissioner Randy Neatherlin is a licensed real estate broker in the state of 14 Washington. 15 8. Commissioner Randy Neatherlin will sign for Mason County. 16 9. Seller has never occupied the property. 1718 19 20 21 22 23 24 25 26 27 28 29 30 ALL OTHER TERMS AND CONDITIONS of said Agreement remain unchanged. 31 ' 06/03/22 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authenlisign ID:7DB8952F-58E7-EC11-B656-501AC56BE253 Exhibit A All that portion of the North Half (N1/2) of the East Half (E1/2) of the Southwest Quarter (SW1/4) of the Northeast Quarter (NE1/4) of Section 7, Township 20 North, Range 3 West, M.M. , in Mason County, Washington, lying south of Johns Prairie Road; more particularly described as follows: Beginning at the Quarter Corner between Sections 7 and 8; thence N88'll'19"W a distance of 1,989.021 feet to a point on the Southeasterlyright-of-way line of the Johns Prairie Road; thence N41'24'52"E a distance of 295.007 feet to a point on a curve to the left having a radius of 5,729.578 feet, the radius point bears N48'35'08"W; thence along the arc of said curve 315.220 feet to a point of tangentcy; thence N38'15'44"E 225.329 feet, more or less, to the TRUE POINT OF BEGINNING; thence continuing N38'15'44"E a distance of 188.160 feet; thence S00'29'20"W 151.510 feet; thence N88'10'11"W 117.860 feet, more or N less, to the TRUE POINT OF BEGINNING; thence S64'05'43"E 1612.382 feet, more or less to the Quarter Corner common to Sections 7 and 8, Township 20 North, Range 3 West, W.M. , Mason County, Washington. Exhibit A obtained from document recorded under recording number 504945, subject to change upon title examination LINK06/03/22