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Home My WebLink About2022/10/10 - Briefing PacketMASON COUNTY COMMISSIONER BRIEFING INFORMATION FOR THE WEEK OF October 10, 2022 In the spirit of public information and inclusion, the attached is a draft of information for Commissioner consideration and discussion at the above briefing. This information is subject to change, additions and/or deletion, and is not all inclusive of what will be presented to the Commissioners. Please see draft briefing agenda for schedule. Briefing Agendas are subject to change, please contact the Commissioners’ office for the most recent version. Last printed 10/06/22 at 9:00 AM If special accommodations are needed, contact the Commissioners' office at Shelton (360) 427 -9670 ext. 419 Our Commission meetings are live streamed at http://www.masonwebtv.com/ and we will accept public comment via email msmith@masoncountywa.gov; or mail to Commissioners Office, 411 North 5th Street, Shelton, WA 98584; or call 360-427-9670 ext. 419. If you need to listen to the Commission meeting via your telephone, please provide your telephone number to the Commissioners’ office no later than 4 p.m. the Friday before the meeting. BOARD OF MASON COUNTY COMMISSIONERS DRAFT BRIEFING MEETING AGENDA 411 North Fifth Street, Shelton WA 98584 Week of October 10, 2022 Monday Noon WA State Association of Counties Zoom Meeting* Virtual Assembly Monday, October 10, 2022 Commission Chambers Times are subject to change, depending on the amount of business presented 9:00 A.M. Closed Session – RCW 42.30.140(4) Labor Discussion 10:00 A.M. Executive Session – RCW 42.30.110(1)(b) Real Estate 10:15 A.M. Parks and Trails Advisory Committee Interview 10:45 A.M. Support Services – Mark Neary 11:00 A.M. Public Health – Dave Windom 11:05 A.M. Public Works – Loretta Swanson Utilities & Waste Management Commissioner Discussion – as needed Tuesday, October 11, 2022 Commission Chambers Times are subject to change, depending on the amount of business presented 10:30 A.M. Employee Appreciation Thursday, October 13, 2022 Public Works 100 W Public Works Drive Shelton, WA 98584 Times are subject to change, depending on the amount of business presented 12:00 P.M. State of the Community Presentation Mason County Administrator 411 N 5th Street Shelton, WA 98584 (360) 427-9670 ext. 419 Mason County Commissioner Briefing Items from County Administrator October 10, 2022 Specific Items for Review →Vehicle no. 73 replacement – Jennifer Beierle →Hazard Mitigation Program Grant (HMPG) – John Taylor →Emergency Management Performance Grant (EMPG) amendment – John Taylor →Cabot Dow contract amendment – Mary Ransier →Capitol Land Trust Wetlands complex potential transfer – Mary Ransier Commissioner Discussion Mason County Agenda Request Form To: Board of Mason County Commissioners From: Jennifer Beierle Ext. 532 Department: Support Services Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): October 10, 2022 Agenda Date: October 25, 2022 Internal Review: ☒ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☐ Other (This is the responsibility of the requesting Department) 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: Order Replacement for Wrecked K-9 Vehicle #73 & Revise the 2023 Motor Pool Rates Background/Executive Summary: Mason County Sheriff K-9 vehicle #73, a 2018 Ford Explorer, was wrecked and has been declared a total loss. This vehicle is owned outright by the County and was scheduled to become a spare patrol vehicle in 2023. There is no payoff necessary to add to the 2022 budget, however, the Sheriff’s Office is requesting that a replacement Ford Explorer be authorized to order and lease through Enterprise. The total estimated upfit cost for the replacement vehicle is $31,500 and estimated 2023 lease payment is $13,000 for a total 2023 budget impact of approximately $44,500. Budget Impact (amount, funding source, budget amendment): 2023 budget impact is estimated at $44,500 Public Outreach (news release, community meeting, etc.): N/A Requested Action: Request the Board Approve the order of a Ford Explorer Police Interceptor Utility vehicle to replace vehicle #73 through Enterprise for a total 2023 budget impact of approximately $44,500 Attachments: Mason County Agenda Request Form To: Board of Mason County Commissioners From: John Taylor Ext. 806 Department: Emergency Management Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): October 10, 2022 Agenda Date: October 11, 2022 Internal Review: ☐ Finance ☐ Human Resources ☒ Legal ☐ Information Technology ☐ Other (This is the responsibility of the requesting Department) 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: Hazard Mitigation Assistance Grant No. D23-005 Funding Source Agreement No. FEMA-DR-4539-10-P Background/Executive Summary: In November 2020 a Hazard Mitigation Grant Program (HMGP) application was submitted under the January 20, 2020 – February 10, 2020 Severe Winter Storm, Flooding, Landslide, and Mudslide Disaster to State Emergency Management Division to assist with updating Multi-Jurisdictional Hazard Mitigation Plan set to expire April 29, 2023. On February 17, 2022 notification was received that the application was approved and obligated funding for the update of the plan with a Federal share of 75%, Non-Federal match of 25% (State 12.5% and Local 12.5%). June 3, 2022 notice was received that the Consolidated Appropriations Act of 2022 included an admin provision that impacted the Federal cost-share percentage. The Federal share was changed to 90% with State share 5% (maximum) and Local share 10% (minimum). August 2022 the State received the revised award letter from FEMA with the County project listed for the 90/10 split. Contract was received September 29, 2022. Grant award is $85,000 including Federal, State, and Local matches. Mason County’s match is $4,250 for this grant which will be provided through salaries of participating jurisdictions. The remaining $80,750 will be used to contract with a consultant. The consultant will assist with collecting all the data needed from our partners, analysis of local and surrounding hazards, creating hazard mapping profiles using HAZUS and GIS, conduct public meetings, and assist authoring the 2023 Multi-Jurisdictional Hazard Mitigation Plan for Mason County. Budget Impact (amount, funding source, budget amendment): Increase in revenue for Emergency Management ($80,750) that will be equal to the expense for the consultant. Matching funds will come from in-kind services of the planning partners and Senior Planner’s salary. Mason County Agenda Request Form Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval of the Hazard Mitigation Assistance Grant No. D23-005 Funding Source Agreement No. FEMA-DR-4539-10-P and the Request for Qualifications (RFQ) for consultant services. Attachments: Contract Mason County Agenda Request Form To: Board of Mason County Commissioners From: John Taylor Ext. 806 Department: Emergency Management Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): October 10, 2022 Agenda Date: October 25, 2022 Internal Review: ☐ Finance ☐ Human Resources ☒ Legal ☐ Information Technology ☐ Other (This is the responsibility of the requesting Department) 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: FY21 Emergency Management Performance Grant (EMPG) No. E22-136 Amendment Background/Executive Summary: This grant originates from the US Department of Homeland Security to Washington State Military Department to State EMD then to the County. The EMPG grant is a yearly reimbursable grant that the County has received since 2007. The purpose of this grant is to assist with the enhancement, sustainment, and improvement of State, local, and tribal emergency management programs. This grant will assist with Continuity of Operations Planning (COOP) and Continuity of Government (COG) planning for County office and the exercising of said plans. This request amends the original workplan to include updating the Comprehensive Emergency Management Plan (CEMP) to facilitate the incorporation of COOP and COG to better align with the County’s operational approach using ICS/Area Command. Previously identified as a corrective action, the amendment will include the development of a two-year training cycle. Grant end date will be extended from September 30, 2022 to October 31, 2022. Budget Impact (amount, funding source, budget amendment): No additional budget impact; DEM budget revenue of $35,738 for FY 2021 will remain the same. Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval of the FY21 Emergency Management Performance Grant (EMPG) No. E22-136 Amendment to update the Comprehensive Emergency Management Plan (CEMP), develop a two-year training cycle, and extend the grant end date from September 30, 2022 to October 31, 2022. Attachments: Contract Mason County Agenda Request Form To: Board of Mason County Commissioners From: Mary Ransier Ext. 422 Department: Human Resources Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): October 10, 2022 Agenda Date: October 11, 2022 Internal Review: ☐ Finance ☒ Human Resources ☒ Legal ☐ Information Technology ☒ Risk (This is the responsibility of the requesting Department) 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: Professional Services Agreement with Cabot Dow Amendment Background/Executive Summary: The County has additional agreements opening for negotiations in 2022 and the need to start the process and collect data is imminent. Additional time is needed for contracts which have moved to mediation. This amendment will include an additional $20,000. Budget Impact (amount, funding source, budget amendment): Supplemental Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval for the County Administrator to sign the amended Professional Services Agreement with Cabot Dow for an additional $20,000. Attachments: Contract 1 PROFESSIONAL SERVICES AGREEMENT AMENDMENT BY AND BETWEEN MASON COUNTY, WASHINGTON AND “Cabot Dow Inc” This Agreement Amendment is entered into by and between Mason County, Washington, hereinafter referred to as “the COUNTY,” and Cabot Dow Inc, 2712 94th Ave NE, Clyde Hill, WA 98004 a consultant providing labor relations services, hereinafter referred to as the "CONSULTANT." WHEREAS, the COUNTY is required by Ch. 41.56 RCW to negotiate in good faith with regard to the terms and conditions of successor labor contracts with a bargaining units of COUNTY employees; WHEREAS, the COUNTY is needing an amendment to the professional services obtaining the services of a labor consultant to assist in negotiations involving the labor agreement covering its bargaining units; WHEREAS, the COUNTY has additional labor agreements opening in 2022 and the need to begin negotiations and collect data; NOW, THEREFORE, in consideration of the mutual benefits and conditions hereinafter contained, the parties hereto agree to amend the original professional services agreement with an addition of $20,000. DATED this _____ day of ____________________________, 20___. COUNTY OF MASON _________________________________ Printed Name: Mark Neary; County Administrator Date: ___________ CONSULTANT _________________________________ Printed Name: _____________________ Date: ___________ Address & Phone # _________________ APPROVED AS TO FORM: ______________________________ McKenzie Smith; Clerk of Board ______________________________ Tim Whitehead; Chief Deputy Prosecuting Attorney Mason County Agenda Request Form To: Board of Mason County Commissioners From: Diane Zoren for Mark Neary Ext. 747 Department: Support Services Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): October 10, 2022 Agenda Date: October 25, 2022 Internal Review: ☐ Finance ☐ Human Resources ☒ Legal ☐ Information Technology ☐ Other (This is the responsibility of the requesting Department) 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 for Mason County to divest itself of the Decker Creek Wetlands Complex and pass the title to Capitol Land Trust Background/Executive Summary: This 500-acre wetland complex was acquired in 2006 for a cost of $1.3M using donated lands and grant funding, no county money was used. When the property was acquired, the project funders (Salmon Recovery Funding Board and WA Wildlife and Recreation Program) didn’t allow nonprofits to hold title so Capitol Land Trust passed title to Mason County. The funder’s rules have since changed to allow nonprofits to hold title. Capitol Land Trust monitors the property and due to its remoteness and restrictions imposed for salmon recovery, staff is recommending the County transfer the title to Capitol Land Trust. Staff has met with Tim Whitehead and there are no concerns. Budget Impact (amount, funding source, budget amendment): None Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval for Mason County to divest itself of the Decker Creek Wetlands Complex and pass the title to Capitol Land Trust. The necessary paperwork will be placed on an action agenda. Attachments: Background Information on Original Transaction Project Sponsor: Project ff tie: County of Mason WWRP Project Agreement Habitat Conservation Account Decker Creek Riparian Conservation A. PARTIES OF THE AGREEMENT Project Number: Approval Date : 06-1943A 6/7/2007 This Project Grant Agreement (Agreement) is entered into between the Recreation and Conservation Funding Board (RCFB), P.O. Box 40917, Olympia, Washington 98504-09f7 and County of Mason, PO Box 578, Shelton, WA 98584 (Sponsor) and shall be binding upon the agents and all persons acting by o r th rough the parties. B. PURPOSB OE AGREEMENT This Agreement sets out the terms and conditions by which a grant is made from the Habitat Conservation Account of the-State of Washington's General Fund. The grant is administered by the RCFB to the Sponsor for the project named above. C. DESCRIPTION Of, PROJECT The subject Project is described on the attached Project Summary. D. TERM OFAGREEMEN1" The Project Sponsor's on-going obligation for the above project is perpetual ur1less otherwise identified in this Agreement E. PERJQQ OFPEREQRMANCE The Project reimbursement period shall begin on November 29, 2007 and end on April 30, 2009. No expenditw·e made before or after this period ,s eligible for reimbursement unless incorporated by written amendment into this Agreement. F. PROJECT fUNl'JING . The total grant award provided by the RCf:'B for this project shall not exceed $693,925.00. The RCFB shall not pay any amount beyond that approved for funding of the project. The Sponsor shall be responsible for all totaf project costs that exceed this· amount. The contrtbutfon by the Sponsor toward wor~ on this project at a minimum Sha.If be as indicated below: RCFB -WWRP -Riparian Protection Project Sponsor Total Project Cost G. RIGHTS AND DB4/GATIQNS Percentage 50.00% 50.00% 100.00% Dollar Amount $693,925.00 $693,925.00 $1,387,850.00 AU rights and obligations of the parties to thfs Agreement are subject to this Agreement and its attachments, including the Sponsor's Application, Project Summary, Eligible Reimbursement Activities Report, Project Milestones, and the General Provisioris, all of which are attached hereto and i ncorporated herein. Except as provided herein, no alteration of any of the terms or cond1tions of this Agreement will be effective unless provfded in writing. All such alterations, except those concerning the period of performance, must be signed by both parties. Period of performance extensions need only be signed by RCO's Dfrector. The Sponsor has read, fully understands and agrees to be bound by all terms and condftions as set forth in these documents. H. COMPLIANCE WITH APPLICABLE STATUTES, RULES. ANQ. RCO POLfC/ES This Agreement is governed by, and tM Sponsor shall comply with, all applicable state and federal laws and regulations, including Chapter 79A.15 RCW, Chapter 286 WAC and published agency policies, which are incorporated herein by this reference as if fully set forth. amt,(, 9:=;,3Cbf< WWRP Project AAreement Chapter 79A.15 RCW, Chapter 286 WAC PROJAGR.RPT Habitat Conservation Account Page 1 of 2 Omnnittu for .,,oo·-~- llllOOOH ~ HECHEHTION Washington Wilcllife and Recreation Program Riparian Protection Account ( Post-Evaluation Project Summary TITLE: Decker Creek Riparian Conservation SPONSOR: County of Mason COSTS: WWRP -Riparian Protection Local. Total DESCRIPTION: $693,925 $693,925 $1,387,850 NUMB!=R: 06-1943A STATUS: .Board Funded EVALUATION SCORE: BOARD RANKING: SPONSOR MATCH: 50% Donated Land 50% _ Grant -Federal 100% 91.0000 6 of 17 (Acquisition) Mason County will use this grant to protect the 500-acre Decker Creek riparian-wetland complex. Decker Creek is an important salmon-producing stream and is used for spawning and rearing by coho, summer and fall Chinook, chum, steelhead, and cutthroat. The land also is home to western toad, great blue heron, pileated woodpecker, and a large elk herd. The land is scheduled for loggiAg. ' LOCATION INFORftllATION: Wester~ Mason County, near boundary with Grays Harbor County COUNTY: Mason SCOPE (ELEMENTS}: Administrative costs ANTICIPATED ACREAGE: ACREAGE TYPE Riparian lands Uplands Wetlands FISCAL YEAR: 1PAPSUM1.RPT · 2008 Allowable land costs Acres To Be Acquired 333.00 120.00 45.00 Incidentals 1 · Acres To Be Dev/Restored DATE PRINTED: . (. Acres To Be Renovated ' November 27, 2007 Decker Creek Riparian Conservation '1111:~ Eligible Re.imbursement Activities Report Project Sponsor: County of Mason Project Title: Decker Creek Riparian Conservation Acquisition Items: Workslte Property Element #1, Decker Creek Riparian conservatio1 Deck.er Creek Riparian Wetland co, Administrative costs ; #1, Decker Creek Riparian conservatio, Decl<er Creek Riparian Wetland co, Allowable land costs #1, Decker Creek Riparian conservatio1 Decker Creek Rip~rian Wetland C01 "Incidentals #1, Decker Creek Riparian conservatio1 Decker Creek Riparian Wetland Co, Incidentals #1, Decker Creek Riparian conservatio, Decker Creek Riparian Wetland co, Incidentals #1, Decker Creek Riparian conservatio, Decker Creek Riparian Wetland Co, Incidentals #1, Decker. Creek Riparian conservatio1 ·Decker Creek Riparian Wetland co, Incidentals #1, Decker Creek Riparian conservatio1 Decker Creek Riparian Wetland Co, Incidentals #1, Decker Creek Riparian conservatlo, Decker Creek Riparian Wetland Co, Incidentals #1, Decker Creek Riparian conservat101 Decker Creek Riparian Wetland Co, Incidentals ELIGREIM,RPT November 29, 2007 Project Number: 06-1943 A Approval: sn,2001 Item Administrative costs , Easement -conservation Appraisal and review Baseline Inventory Closing Cultural resources Hazardous substances assess Recolding fees Signing _Title reports/insurance .Page: .. • ~-.• 1,J,,q""'J .. Onnmit,;, for OlllOOIII ~ RECREHJION · Legal Description Project Sponsor: County of Mason Project Title: Decker Creek Riparian Conservati~n Worksite Nanie Property Name Legal Description Worksite #1 Decker Creek Riparian conservation Decker Creek Riparian Wetland Complex Project Number: 06-1943 A IAC Approval: 06/07/2007 The legal description of the property rights purchased with funding assistance provided through this Proje~ Agreement (and protected by a recorded Assignment of Rights) shall be amenljed into the Project Agreement prior to reimbursement of the final payment. LEGALDSC.RPT November 27, 2007 Page1 General Provisions · Table of Contents Page A. Heading and Definitions Section 1 . Headings and Definitions ........................ : ... , ............................... , .......................... 1 . B. Performance and Requirements (General Responsibilities) Section 2. Performance by Sponsor ..................................................... , ... , ............................... 2 Section 3. Assignment, ......................................................................... : .... , ...... : ..................... 2 Section 4. Section 5. Section 6. St;tction 7. Section 8. Responsibility for Project.,, ................... , ................................................................ 2 . ' Indemnification ..................................................... : ................................ : ........... , .... 2 Independent.Capacity. of the Sponsor ........................ : .......................................... 2 Conflict-of Interest .......... , ....................•...... : ........................................................... 2 Acknowledgment and Signs ........................•.........................•......... : .... : ................. 3 · C. Compliance with Laws, Records, and Inspections Section 9, · Compliance with Applicable law .: ............................................. , ....•..................... 3 Section 10. Section 1L Section 1.2. · Section 13. · Section 1.4. Records Maintenance .................................................... : ....................................... 4 Access to Data: ....................................... : .............................................................. 4 Treatment of Assets ....................• '. ........... : ............................................................. 4 · Right of Inspection .................... :.: ....... , ............................................................. , .... 4 Stewardship ~md Monitoring .: .............................. : ............................... :····'············ 5 Section 15. · Debarment Qertification ................ : .......................................................... : ..... , ....... 5 •· Di Funding, Reim.bU!'Serilents Section 16. Project Funding ........................................................ .' ....... : ....................................... 5 . Section 17. Project Reimbursements ............•........ , ..................•............................................... 5 Section 18, Ad.vance Payments .... : ............. : ...... : .................................................... .-................. 5 Section 19. Non-availabiUty of Funds ...................................................................................... ,.6 Section 20. Recovery of Payments ................•....... ,. ................................................................. 6 Section 21. · Covenant Against Contin~ent Fees .................... , .......... : ............... : ...... :.~ •...... , ...... 6 E, Acquisition ~ndtor Development/Restoration · Section 22: Provisions Applying to Development/Restoration Projects ................... : ................ 6 ' . . Section 23. Provisions Applying to Acquisition Projects: .......................................................... 7 · Section 24: Hazardous Substances ........................................ : ...... : .................... .-.......... :, .. , ...... 7 F. Faclilty Uses and Fees Section 25. Section 26.: Section 27 .. Section 28. G. Special Provisions Section 29. Section 30. Section 3_1. Restriction cin Conversion of Facility to Other Uses ........................................ , ..... 8 • • • I Constl"Uction, Operatiol!l,''Use and Maintenance of Assisted Projects ................... 9 .. Income ~nd Income Use ........... ,, ... : ........................... : .......................•................... 9 Preferences for Residents ........................................ '. ..........•. , ...................... , ........ 9 Provisions Related to Non-Profit or Not,For-Profit Sponsors ....................... : ...... 10 Liability I nsura~ce Requirements for Firearm Range Sponsors .......................... 10. Requirements of the National Park Service ............. : ............................................ 10 H. Remedies and Disputes Section 32. Section 33. . Section 34. Section 35. .Section 36. Section 37. Section 38. Section 39. Section 40. .'Section 41. Section 42. Order of Precedence .......................................................................... : .................. 11 . Amendments ........... , ........................................................................... , ................. 11 Limitation of Authority .......................................................................................•.. 11 Waiver of Default. .............. : ........................................................... : ...................... 11 Application Representatioms-Misrepresentations or Inaccuracy or Breach, ...... 11 · Termination and Other Remedies ........................•............... : .............................. 11 Termination for Convenience .. , ... : .. · .. : ............. : ................ : ..................... , ...... -. ...... 12 • . ' Dispute Hearing ..•............. : .................... :·····················•·····: ... , ..................•.......... 12 Attorneys' fees ........................ :······.-···································: ................................ 12 Governing LawNenue ..................................... ,.'. .. :·····················:., ...................... 13 Severability ...........•... : ..................................... , ........... : .......................................... 13. SECTION 1. HEADINGS AND DEFINITIONS April 15, 2002 -Page 1 Generai Provisions A Headings used in,this Agreement are for reference purposes only and shall not be considered a substantive part of this Agreement. B. Definitions. As used throughout this Agreement, the following terms shall have the meaning set · forth below: Acquisition -The gaining of rights of public ownership by purchase, negotiation; or other means, of fee or l_ess than fee interests in real property, Agreement -The accord accepted by all parties to the present transaction; the Agreement; supplemental agreement, intergovernmental agreement, monitqring plan, and/or a landowner . · agreement between the Funding Board and a Sponsor. · Applicant "Any agency or organization that meets the qualifying standards, including deadlines, for ·submission of an application soliciting a grant of funds from the Funding Board. Application -The forms and support documents approved by· the Funding Board or its Director for use by applicants in soliciting·projectfunds administered by the Office. · · . . · Asset -Eql,lipment purchased by the Sponsor or acquired o/ transferred to the Sponsor for the purpose of this Agreement. This definition is restricted to non~fixed assets, such as vehicles, computers or machinery, · . Contra4,lor -shall mean one not in the employment of the Sponsor who is performing all or part of the eligible activities for this projects under a separate Agreement with the Sponsor. The. term · "Co_ntractor" and "Contractors" means Contractor(s) in any tier . . Development/Restoration -The constr1,1ction, renovation, redevelopment, or installation of . facilities to provide for outdoor recreation or natural resources. Director -Jhe Office Director or the Director's designee. , Funding B:Oard -As ideniified in Paragraph Ain the Agreement as either the (1) lnteragency Committee for Outdoor Recreation (IAC) -The committee created 1mder Chapter 79A.25.110 RCW includes eill~t members. Three are agency heads: the Commissioner of Public Lands, the Direct.or of Par.ks and Recreation, and the Director of Fish and Wildlife (or their designees). Five, by. appointmeflt of the Governor with the advice and consent of the Senate, are members of the public at large who have demonstrated interest in and. a general knowledge of outdoor recreatio_n in the 1 • state; (2) Salmon Recovery Funding Board (SRFB) ~ The Boaro created under Chapter 77_.85.11 o RCW, is comprised offive governor-appointed voting members (oi)e _a cabinet-level appointment) and five non-voting staie officials: the Commissioner of Public Lands, the Secretary of · Transportation, the Director of the Consetvatjon Commission, the Director of Fish and Wildlife, and the Director of Ecology (or their designees ); or (3) Hatchery Scientific Review Group (HSRG) -The independent Boaro established bY Congress to ens1,1re.hatchery reform programs in Puget Sound ant:! Coastal Washington are scientifically'founded and evaluated. . · Offi<:I! ~ Office oHhe lnteragency Comll)ittee -The. Office provides support to the IAC, SRFB, and HSRG. The Office includes the Director and personnel; created by Chapters 79A.25.110 arid· 79A,25.150 RCW and charged with administering this Agreement by Chapters 77 .85.11 O and 79A.25.240 RCW. . Landowner Agreement -A landowner ,igreerrient is required between a Sponsor and landowner for projects located on land not owned; or otherwise controlled,-by the Sponsor for salmon r~overy projects, Milestone -Important date(s) tracked in the Agreement for monitoring the Project status. Period of Performance -The iime period specified in the Agreement, under Section E, Period of Performance . . Post Evaluation Summary -One of the documents used to summarize ant:! describe the actions · untaken in th_e Agreement. . . . Project -The undertaking tl"lat is the subject of this Agreement and that is, or may be, funded in whole or in part with ft.mds administered by the Office on behalf of the Funding Boa_rd. · Sponsor -The applit:,int who has _been awarded a grant of funds andOis bound by this executed. Agreement; includes its officers, employees and agents. J SECTION 2. PERFORMANCE BY THE SPONSOR April 15, 2002 -Page 2 General Provisions The Sponsor shall undertake the Project as described in.this Agreement, Post Evaluation Summary, the Sponsor's application, and in accordance with the Sponsor's proposed goals and objectives described in .the application or documents submitted with the application; all as fin1;1lly approved by the Funding Board. All submjtted documents are incorporated by this reference as if fully set forth herein. The Order of Precedence is covered in Section 26. · Timely completion·of the Project is important. Failure to do so, as set out in this Agreement, is a material breach of the Agr,eement. · . SECTION 3. ASSIGNMENT Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by theSponsqr without prior written consent of the Funding Board. SECTION 4. RESPONSIBILITY FOR PROJECT · ' ' ' ! • - . , While the Funding Board unde,rtakes to ass.istthe Sponsor with the Project by providing c! grant pursuant tq;lhis Agreement, the Project its.elf remains the sole responsibility ofthe Sponsor. The Fimding Board · · und.ertakes no responsibilities to the Sponsor, or to any third party, other than as is expressly set out in !his Agreement 1The responsibjlity for the implementation of the Project, aiithose phases are applicable to\his Project, is so,lely thatqf the Sponsor, as is responsibility for any claim or suit of any nature by any : . third party related in any way to the Project. · · .. -, . . . . :~~CTION 5. INDEMNIFICATION .to the fullest, extent permitted by the law, the Sponsor expressly agrees to and shall indemnify; defend J1ii'd hold harmlesithe State and its agencies, officials, agents .and employees from and against all '·cta'ims, actions, cos~. damages, or expenses of any nature arising out of or incident to the Sporisor's or. anyContractor'sJ>erformance or failure to perform the'Agreement. Sponsor's obligation to indemnify,. · : defend and hold h1;1rmless also ineludes any cla.im by Sponsor's agents, employees, representatives or ijiJyiContractor or its, employees. Sponsor's obligation to defend includescpayment of any costs ,or · ·· ·~!lqineys'. fees. Sp6nsor's obligation shall not include such cl1;1ims that may be caused. by the sole . . · n1391igenqe of the~tate and its aQencies, officials, agents, ancl employees. If the claims or damages are · '.bau.sed by or result from the concurrent·neQligence of (a) the State, its agents or employel\!S and (b) the · Sponsor, its Contractors, agents, or empldyees, this indemnity provision shall be valid and .enfor:ceable only to the extent of the negligence of the Sponsor or lts Contractors, agents, or employees. The Sppnsor expressly agrees towaive his/her immunity under Title 51 RCW to the extent requirE!(I to indemnify, .... aefend, and hold harmless the State and its ageribies, officials, agerits or employees. ' , SECTION 6. INDEPENDENT CAPACITY OF THE SPOI\ISOR . The Sponsor and its employees oragents performing under this Agreem~~tare not employees ~r agents of the Funding Board or the. Office, The Sp,onsor \'Viii not hold' itself out as nor claim to be an officer or employee of the Office or of the state of Washington by reason hereof, nor wiU the Sponsor make any claim of right, privilege or benefit which would accrue.t.o an employee under Chapters 41.06 or 288.16 RCW. The Sponspr is responsible forwithholding.and/or paying employment taxes, ins11rance, or deductions of · any kind required by federal, state, and/or IOCl;ll laws. SECTION 7. CONFLICT OF INTEREST Notwithstanding any determiriatiOn by the Executive .Ethics B.oard or other tribunal, the Office may; in its sole discretion, by. written notice to the Sponsor terminate this Agreement if it is found .after due notice and examination by the Office that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or·any similar statute involving the Sponsor in the procurement of, or performance under this · · .Agreement. In the event this Agreement Is. terminated as provided above, the Office shall. be entitled to pursue the same remedies against the Sponsor as it could pursue •in .the event of a breach of the . l '. ( April 15, 2002 -Page 3 General Provisions Agreement by the Sponsor. The rights and.remedies of the Office provided for in this clause shall not be lixclusive and are ,in addition to any other rights and remedies provided by law. The existence of facts upon which the Office makes any determination under this clause shall be an issue and may be reviewed as pr:9vided in the "Disputes Hearing" clause of this Agreement. In the event this Agreem~nt is termin.ated as provided above, the Funding Board or the Office shall be entitled to pursue .the same remedies against the Sponsor as it could pursue in the event of a breach of the Agreement by the Sponsor. The rights and remedies of the Funding Board or the Office provided .for In this clause shall not.be exclusive and are in addition to any other rights and remedies.provided by law. The existence of facts upon which the Funding Board or the Office makes any determination under this clause may be reviewed as provided in the "Disputes" clause of this Agreement. . SECTION 8. · ACKNOWLEDGMENT AND SIGNS A. Publications. The Sponsor .shall include la~guage which acknowledges the funding contribution of the program to this Project in any release or other publication developed or modified for, or referring to, the Project. B; Signs. The Sponsor also shall post signs or.other appropriate .ll]edia atProject entrances and other locatior;is onJhe Project which acknqwledge the program's funding contribution, unless exempted in Funding Board policy or waived by the Director.· , , \ • · C> Geremonies. The Sponsor shall notify the Office no later than two weeks before a dedication , ceremony for this Project. The Sponsor shall verbally acknowledge the program's funding contribution •• at all dedication ceremonies. · \d. Federally Funded Projects. When issuing statements, press ~eleases, requests for proposals, bid · solicitations,· and. other do.cuments describing a project funded in whole or in part with federal money· , . provided for in this grant, Sponsors shall clearly state: 1 . The percentage of the total costs of the Project that is financed with federal money; •. 2. The dollar amount offederal funds.for the Project; anti a. The percentage and dollar amount of the total costs-of the Project that is financed by . nongoverrimental sources,. · · .. $!;:CTION 9, GOMPLIANCE WITH APPLICABLE L.AW · The Sp<;>nsor will implement the Agreement in accordance with applicable federal, state, and local laws . and regulations. The Sponsor shall.comply wi\h, and ihe Office is not responsible for determining compliance with, any ·and.all applicable federal, state, and local laws, regulations, and/or policies, including', but not limited to, ·· · State Environmental Policy Act; Industrial Insurance Coverage; Jvcblte<;t,ural Barriers Act; permits .· {shoreline, Hydraulics Project Approval: demolition); lahi:I use regulations (comprehensive areas ordinances, Growth Management Act); federal and state safety and health regulations (Occupational Safety and Health Administration/Washington Industrial Safety and Health Act); and Buy Al)lerican Act. The Sponsor shall comply wiih aU applicable federal, state, .ind local ·nondiscrimination laws and/or policies, includir,g but not limited to, the Americans with Disabilities Act; Civil Rights Act; and the Age Discrimination Act. In the event of the Sponsor's noncompliance or refusal to comply with any nondiscrimination law .or policy, the Agreement may be rescinded, cancelled, or terminated in whole or in part; and the Sponsor may be declared ineligible for further grant awards from the Funding Board. The· .· Sponsor is responsible for any and all cos~ or liability arising from the Sponsor's failure to so comply with applicable law. · · · No part of any funds provided under this grant shall be used, other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, or for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, televisibn; or video presentation designed to support or defeat legislation pending before the U.S. Congress or any state legislature. April 15, 2002 -Page 4 General Provisions No part of any funds provided under this grant shall be used to pay the salary or expenses-of any Sponsor, or agent acting for•such Sponsor, related to any activity designed to influence legislation or appropriations pending before the U.S. Congress or any state legislature. For habitat restoration projects funded in part or whole with National Marine Fisheries Setviee funding, Sponsor shall not commence with clearing of riparian,trees or in-water work unless and until an ESA · cons.ulfation is completed and delivered-by National Marine Fisheries Service to the Sponsor. Violation of this paragraph shall not be the basis for any enforcement responsibility by the IAC. SECTION 10. RECORDS MAINTENANCE The Sponsor shall maintain books, records, documents, data and other evidence relating to this . Agreement and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently. and properly reflect al.I direct and Indirect costs of any nature ·expended in the performance of this Agreement Sponsor shall retain such records for a period of six years following the date of final payment. At no additional cost, these records, including materials · generated under the Agreement, shall ·be subject at all reasonable times to inspection; review or audit by . !he Office, personnel duly authorized by the Office; the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement.· . . · If any litigation,, claim or audit is started before th~ expiration .of the six (6) year period, the records shall , be retained until all liiigalion, claims, or audit findings involving the records have been resolved. · . SECTION 11. ACCESS TO DATA · :lr1 compliance with chapter 39.29 RCW, the Sponsor shall provide access to data generated under this Agreement to the.Office, the Joint Legislative Audit and'Review Committee, and the State A.uditor at no · 1 ,additional cost. This includes access to all information that supports the ~ndings, conclusions, and ';,'re.commendations Of the Sponsor's reports, including. comi,uter models and methodology for those models. · · · - ·. ·:~ECTION 12. TRl;ATMENT OF. ASSETS i"A: Assets shall remain in the possession of the Sponsor for the duration of the project or program. When the Sponsor discontinues use of the asset(s) for !tie purpose for which it Vo(as funded, the Office will require the Sponsor deliver the asset( s) to the Office, dispose of the asset 'according to agency policies, or return the fair market .value of the asset(s) to the Office. Assets shall be 11sed only for the purpose of this Agreement, Unless .Otherwise provided herein or approved by the Office in writing. B. The Sponsor shall be responsibleJo\' any loss of damage lo assets which results from the negligence · · of the Sponsor or w~ich results from the failure on the part of the Sponsor to maintain and.administer thatproperty in accordance with sound management practices. · ,· -' ' . . . -,· -. SECTION 13. RIGHT OF INSPECTION Th~ Sponi,or shall provide right of access to. its facilities to the Office, or any of its officers, or _to any other . authorized agent or official of the state Of Washington or the federal gpvernment, at all reasonable times, in order to monitor and evaluate: performance, compliance, and/or quality assurance under this , Agreement. · · ' If a Landowner Agreement has been executed, it may further stipulate and ·define the Funding Board and the Office's right to inspect and acces.s labds acquired or d.eveloped with Funding Board assistance. SECTION 14. STEWARDSHIP AND MONITORING April 15, 2002 c Page 5 • Genl)ral Provisions Sponsor agrees to perform monitoring and stewardship functions as stated in the monitoring and stewardship plans as approved by the Funding Board or the Office. Sponsor further agrees to utilize, · where applicable and financially feasible, any monitor.ing protocols recommended by the Funding Board. SECTION 15. DE.BARMENT CERTIFICATION The Sponsor certifies it is not presently debarred, suspended, proposed for deba,rment, decl<\lred inefigible, or voluntarily excluded from participating in this Agreement by any F_ederal department or agency. ·If requested by the .Office, the Sponsor shall complete a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form. Any such form completed by the Sponsor for this Agreement shall be incorporated into}his Agreement by reference. SECTION 16. PROJECT FUNDING ' . . . . . ' . · A. Additional A111ounts. The Funding· Board shall not be obligated to pay any amount beyond the dollar · amount as identified i,n this Agreement, unless an additional amount h_as be.en approved In advance by the Funding Board'or Director and incorporated by written amendment info this Agreement. B . Before the Agreement. No expenditure made, or obligation incurred, by the Sponsor before the . ,,effective date of this Agreement shall be eligiblefor grant funds, in whole orin part, unless specifically ' provided for by Funding Board policy. The dollar amounts identified in this Agreement may be . reduced as necessary to exclude any such expenditure from_ reimbursement_. \,· ~ ' . . · cf After the Period of Performance. No expenditure made, or oblig~tion incurred, following the period of ··performance shall be eligible, in whole or in part, for grant funds hereunder. In addition to any remedy the Funding E!e>ard may have under this Agreement, the amounts identified in this Agreement shall be reduced to exclude any such expenditure from participation. · · SECTION 17. PROJECT REIMBURSEMENTS · A> Compliance a(ld Payment. ihe obligation of the Office to pay any amount(s) under this Agreement is expressly conditioned upon strict compliance with the terms of this Agreement by the Sponsor. ' . 1 . E!. ; Compliance and Retl;linage. The Office reserves the right to.withhold disbursement. of the final ten percent (10%) of the total amount of the grant to. the Sponsor until the Project has been completed and approved by the Director, A Project is considered "complete" when: 1. all approved or required aetiVities outlined_ ih the Agree111ent are complete; 2. on-site•signs are in place (if applicable); 13. a finaLProjectreport is submitted to the Office with.the Sponsor's fim1I requE;1stfor reimbursement;. 4. the completed Project has been 'approved by the Office; . . 5. final amendments have been processed; and. 6. fiscal transacti_ons are.complete . . C. Invoice Frequency. Invoices are required at least once a quarter from state agency sponsors and at least once a year from all otiier sponsors. The year-end invoice should include expenditures through June 30, the last day of the State's fiscal year and be submitted no later than July 15th. Final reimbursement requests should be submitted to the Office within ninety (90) days of the completion of thi;, Project, funding end date, or the termination date, whiciiever. comes first. SECTION 18. ADVANCE PAYMENTS Advance payments of or in anticipation of goods. or services to. be provided under this Agreement are limited to salmon grants and 'must comply with SRFB policy. · I SECTION 19. NON-AVAILABILITY OF FUNDS April 15, 2002 -Page 6 General Provisions If amou.nts sufficient to fund the grant made under this Agreement are not appropriated by the · Washington State Legislature, or if such funds are not allocated by the Washington State Office of . Financial Management (OFM) to the Office fbr expenditure for this Agreement in any biennial fiscal period, the Office shall not be obligated to pay any remaining unpaid portion of this grant unless and until the necessary action by the Legislature or OFM occurs. If the Office participation is suspended under this · section for a continuous period of one year, the Office's obligation to provide any future funding un_der this Agreement shall terminate. Termination of the Agreement under this section is not subject to appeal by the Sponsor. · · SECTION 20. RECOVERY OF PAYMENTS hi the event that ihe Sponsor fails to expend funds under this Agreement in accordance with state and federal laws, and/or the provisions of the Agreement; the Office reserves the.right to recover grant award funds in the amount equivalent to the extent of noncompliance in addition to any other remedies available . at law or in equity. t' The Sponsor shall reimburse the Office for any overpayment or erroneous payments ma.de un_der the Agreement. Repayment by the Sponsor of such funds under this recovery provision shall occur within 30 days of demand by the Office. Interest shall accrue at the rate oftwelve percent (12%) per annum from the time that payment becomes due and owing. · . . SECTION 21. COVENANT AGAINST.CONTINGENT FEES • ::The Sponsor warrants that no person or selling agent has been employ~ or retained to solicit or secure ·\his Agreement upon an agreement or understanding for a commission, percentage, brokerage or · .. Aci>ntingent fee, excepting bona fide employees or bona fide established agents maintained by the .Sponsor for the purpose of securing business. The Office shall have the right, in the event of breach of · · )~is cl_ause by the Sponsor, to annul this Agreement without liability or, in its discretion, to deduct from the .,Agreement price or consideration or recover by other means the full amount of such commission, •/p13rcentage, bro.kerage or contingent fee. · · . ~ECTION 22. PROVISIONS APPL YING TO DEVELOPMENT/RESTORATION PROJECTS • The following provisions _shall be.in force only if the Project describ"acl in this Agreement is for development/restoration of land or facilities for outdoor recreation, habitat conservation, or salmon recovery: . A. Construction Document Review and Approval. The Sponsor agrees to submit one copy of all construction plans and specifications to the Office for review. Review and approval by the Office will be for compliance with the terms of this Agreement. · B; Contracts for Construction. Sponsor shall award all contracts for construction using whatever method_ is appropriate and legal for the Sponsor: 1 C: Construction Contract Change Order, Only change orders that significantly reduce or-change the scope of the Project as described to and approved by the Funding Board or the Office must rec.eive priorwritten approval. D. · Control and Tenure. Appropriate control and tenure of the land proposed (or use must be executed and documented.· · E. Nondiscrimination. Except where a nondi_scrimination clause required by a federal funding agency is used, the Sponsor shall insert the following nondiscrimination cla!lse in each contract for construction of this Project: · \ "During the performance of this contract, t11e Sponsor agrees to comply with all federal and state nondiscrimination laws, regulations and policies." ' \ SECTION 23. PROVISIONS APPL YING TO ACQUISITION PROJECTS · •,April 15, 2002 -Page 7 · General Provisions The following provisions shall bein force only if the Project described in this Agreement is for the . acquisition of interest in real property for outdoor recreation, habitat conservation, or salmon recovery purposes: A. Evidence of Land Value. Before disbursement of funds by the Office as provided under this Agreement, the Sponsor agrees to ·supply evidence to the Office that the land acquisition cost has been established per Fundin:g Board policy. · B. Evidence of Title. The Sponsor agrees to show the type of ownership interest for the property that has been acquired. This shall be done before any payment of financial assistance. c.. Deed of Right to Use Land for Public purposes. The Sponsor agrees to execute an instrument or instruments which contain: 1.. T.he legal description of the property ,icquired under this Agreement; . . , · 2. A conveyance to the State (If Washington'of the right to use the described real property forever for the purpose identified in the. Agreement; and. · . 3. A,requirem~nt to comply with a"ppHcable statutes, rules, and the Funding Board policies with respect to conversion of use. · · · , D: Assignment of Right. When acquiring a conservation easement, the Sponsor agrees to axe.cute an instrument or instruments that contain: · , 1; The legal description of the conservation easement acquired under this Agreement; 2. An assignment to the State of certain rights for access to and stewardship of the property covered by the conservation easement; ' 3 .. Ac~nowledgement of the right oflhe Funding Board and the Office for enforcement of the ! provisions 'of'the conservation easement; and · · 4,,. A statem~ntthat the Sponsor Will re\ain all responsibility for obligations under the terms of the ,; . consE1.rvation,easement. ?t ·· Real Prope~Acquisition and Relocation Assistance 1 . · When federal funds are part of this Agreement, the Sponsor agrees to comply with the terms and conditions of the Uniforrn Relocation Assistance and Real Property Acquisition P(?lici.es Act of 1970, 84 St.it. 1894 (1970)a-Public Law 91-646, as amended by the Surface Transportation and Uniform Reloc,ition Assistance Act;PL 100"17-191!7, and applicable regulations and procedures. of the. federal agen91 implementing that Act. · ·· 2. When state funds are part of this Agr9E1ment, the Sponsor, if required by law, agrees. to comply with the terms and conditions of the Uniform Rel.ocation Assistance and Re13I Property· Acquisition Policy of the State of Washington, Chapter 8.26:0tO ROW), and Chapter 468-100 WAC. · . 3. Housing and R~locati~n. In the E)ventthat housing and rel.ocation costs, ,is requi~ by federal law set out in subsection (1) above and/or state law set out in subsection (2) above, are involved , in the execution of this Project, the Sponsor agrees to provide any housing and relocation assistance required. SECTION 24. HAZARDOUS SUBSTANCl;S A. Definition. "Hazardous substance,'' as defined in Chapter' 70.1050.020 (7) ROW, means: · 1 .. · Any dangerous or extremely hazardous waste as defined in Chapter 70.105.010(5) ,ind (6) ROW, , -. • I , or any·dangerous or extremely dangerous waste designated by rule pursuant to Chapter 70.105 ROW; 2 .. Any hazardous substance as defined in Chapter 70.105,010(14) RCW or any hazardous ·. substance as defined by rule pursuant to Chapter 70.105 .. RCW; · 3. Any substance that, on March 1, 1989, is a hazardous substance under section 101(14) of the federal cleanup law, 42 U.S.C. Sec. 9601(14); · 4. Petroleum or petroleum products; and April 15, 2002 -Page 9 General Provisions SECTION 26. CONSTRUCTION, OPERATION, USE AND MAINTENANCI: OF ASSISTED PROJECTS . Sponsors must .ensure that properties or facilities assisted with Funding Board funds, including undeveloped sites, are built, operated, used, and maintained: A. According to applicable federal, state, and local laws and regulations, including public health · standards and building codes. · • · B. In a reasonably safe condition for the project's intended use. C. Throughout its estimated life so as to prevent uridue deterioration. D. In compliance with all federal and state nondiscrimination laws, regu(ations and policies. Facilities open to the public must: E. Follow all state and federal accessibility guidelines. F. · Appear a.ttractlve and lnviiing to the public except for brief Installation, construction, or maintenance periods. ' ' G. Be. available for use at reasonable hours .and times of the year, according to the type of area or facility. ·· SECTION 27. INCOME AND INCOME USE A .. Income. 1. Compatible source. The source of any Income generated in a Funding Board assisted Project or project area must be compatible with the funding source and the Agreement. · · 2. · Fees·. User and/o~ othe.r fees may be charged in connection with land acquired or facilities developed. with Funding Board grants if the fees are consistent with the: (a) Value of any servlce(s) furnished; (b) Value of any opp~rtunity(ies) furnished; and . , (c) Prev11iling range of public fees in th.estate for the activity Involved. Excepted are Firearms and Arcl)ery Range Recreation Program safety classes (firearm and/or hunter) for which a facility/range fee must not be charged (Chapter 79A.252.210 RCW). B. Income use. Regardless of whether inCQme or fees in a Funding Board-assisted area (including entrance, utility corridor permit, cattle grazing, timber harvesting, farming, etc.) are gained during or a~er the reimbursem!:lnt period cited in the Agreement, unless precludElCI by state law, the revenue may only be used to offset: · 1c · the Sponsor's matching funds; and/or .. . ~ 2. the Project's total ccist; a_nd/or . 3. the expense of operation, maintenance, stewardship, monitoring, and/or repair of the facility or program assisted by the Funding Board grant; and/or · · · 4. the expense of operation, maintenance, stewardship, monitoring, and/or repair of other similar units in the Sponsor's system; _and/or 5. capital expenses for similar acquisition and/or development. SECTION 28. PREFERENCES FOR RESIDENTS ~ponsors shall not express a preference for users of grant assisted projects on the basis of residence (including preferential reservation, membership, and/or permit systems) except that reasonable · differences in admission and other fees m!ly be maintained on the basis of residence, Even so, the Funding Board discourages the imposition of differential feea,_ Fees for nonresidents must not exceed twice the fee imposed on residents. Where there is no fee for residents but a. fee is charged to . nonresidents, the nonresident fee shall not exceed the amount that would be imposed on residents at comparable state or local public facilities. April 15, 2002 -Page 10 General Provisions SECTION 29. PROVISIONS RELATED TO NON-PROFIT OR NOT-FOR-PROFIT SPONSORS A non-profit or not-for~profit organization sponsor shall: A. Mai~tain a non-profit or not-for-profit status (including registering with the Washington Secretary of State) throughout the Sponsor's obligation to the Project as identified in this Agreement B. Notify the Office prior to dissolution and withi~ 30 days. of dissolution the Sponsor shall name a qualified successor that will agree in writing to assume any on-going project responsibilities. A qualified successor is any party eligible to apply for funds in the subject grant program and capable of complying with the terms and conditions bf this Agreement. The Office will process an amendment · transferring the Sponsor's obligation IQ the qualified successor, G, Provide for operation arid maintenance of the project. Should_ the Sponsor fail in this obligation for any reason, the Project will be considered converted or a failed project, and be subject to all remedies available to the Funding Board and the Office. · .· SECTION 30. LIABILl:rY INSURANCE REQUIREMENTS FOR FIREARM RAN(;E SPONSORS A. The Sponsor 1 shall procure an endorsement, or other addition, to liability insurance it may currently • carry, or shall procure a new policy of liability insur1;1nce, in a total coverage .amount the s·ponsor deems adequate to ensure it will have resources to pay successful claims of. persons who may be kil.led or injured, or suffer damage to property,.while present at the range(facility to which this grant is . related, or by reason of being in the vicinity of that facility; provided that the coverage shall be at least · one million. dollars ($1,000,000) for the death of, orlnjury to, each person. · B:· iThe liability insurance policy, including any endorsement or addition, sh.all name Washington State, _the Funding Bqard, and. the Office as ad<litional insureds and shall be in a form approved by the ;/ ; Funding Board or Director. c: °The policy, endorsement or 9ther addition, or a si{Tlilar liability insurance policy meeting the requiremenll! of !his section, shall be l<ept in force throughout the Sponsor's obligation to_ the Project ·,_.,,.,. .• as identified iii this Agreement. · · · · o:'.: ·The policy, as modified by any endorsement or othei: ~ddition, shaUprovide that the issuing company. . shall give written noiice to the Office not less than thirty (30) calendar days in advance of any· ··cancellation ofthe policy by the insurer, and withiriten (10) calendar days following ariy termination of . _the policy by the Sponsor. E., The requirement of Subsection A through D above shall not apply if the Sponsor is a federal, state, or municipal government which has establishe_d a program of self-insurance or a policy of self- insurance with .respect to claims arising from its facilities or activities generally, including such facilities as firearms or archery ranges, when the applii::ant,declares and describes that program or policy as a part Of its, application to the Funding Board. : · · F. · By this requlrerrierit, the Funding Board and the Office does not assume ,any duty to any individ,ual. person with respect to death, injury; or damage to property which that person rriay suffer while present at, or in the vicinity.of, the facility towhict\ this grant relates. Any such person, or any other person making claims based upon such de11th, injury, or damage, must look to the Sponsor, or others, for any and all remedies that may be available by law. · SECTION 31. REQUIREMENTS OF THE NATIONAL PARK SERVICE If the Project i,as been approved by the National Park Service, United States Department of the Interior, for assistance from the Federal Land and Water Conservation Fund (LWCF), the Agreement General Provisions in Section 660.3 Attachment B of the L&WCF Grants-fn-Aid Manua/as now existing or hereafter amended are made part of this Agreement,· and the Sponsor shall also abide by these • Agreement General Provisions. Further, the Sponsor.agrees to provide the Office With reports or documents needed to meet the requirements of the Agreement or Section 660.3 Attachment B of the L&WCF Grants-in-Aid Manual. 1 As used in this Section, Sponsor refers to Fireanns Range Sponsors. SECTION 32. ORDER OF PRECEDENCE April 15, 2002 -Page 11 General Provisions This Agreement is entered into, pursuant to, and under the authority granted by applicable federal and state laws. The provisions of the Agreement shall be construed to conform to those laws. In the event of an inconsistency in the terms of this Agreement, or between its terms a,nd any applicable statute, rule,. or policy or procedure, the inconsistency shall be resolved by giving precedence in the following order: A. Applicable federal and/or state statutes, regulations, policies and procedures including applicable federal Office of Management and Budget (0MB) circulars and federal and state executive orders; B. Project Agreement including attachments; C. Additional Provisions Or Modifications of General Provisions; D. General Provisions. SECTION 33. AMENDMENTS This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. SECTION 34. LIMITATION OF AUTHORITY ·. Only the,Office or Office's delegate by writing (delegation to be made prior_ to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Agreement.Furthermore, any alteration, amendment, modification, or waiver or any clause or condition of this.Agreement is not effeetive or binding unless made in writing and signed by the Office. SECTION 35. WAIVER OF .DEFAULT WJ1iver of any default shall not be deemed to be a waiver of any subsequent default: Waiver of breach of ,anyprovision of ti,e Agreement shall not be deemed to be a waiver of any other Or subsequentbreach · .a'nd shall not be construed to be·-.a modification of the terms of the Agreement unless stated to be su.ch in writing, signed by the Director, or the Director's designee, and attaehed to the original Agreement. SECTION 36. A~PI.ICATION REPRESENTATIONS--MISREPRESENTATIONS OR INACCURACY ORBREACH . . . . The Funding .Board and the Office rely upon the Sponsor's application in making its determinations as to · eligibility for, Selection for, and scope of, funding grants. Any misrepresentation, error or inaecuracy in any part of the ~pplicatioh may be deemed a breach of this Agreement. SECTION 37 .. TERMINATION.AND OTHER REMEDIES The Fun~ing Board and the Office may require strict compliance by the Sponsor with the terms of this Agreement including, but not limited ,to,the requirements of the applicable statutes, rules.and Funding Board policies which are incorporated into this Agreement, and with the representations Of the Sponsor in its application for a grant as finally approved by the Funding-Board: The Funding Board or the Director, may suspend, or may terminate, the obligation to provide funding to the Sponsor under this Agreement: · · A. In the event of any breach by the Sponsor of any of the Sponsor's obligations under this Agreement; ~ . . B. . If the Sponsor fails to make progress satisfactory to the Funding Board or Dfrector toward completion of the Project by the completiqn date set out in th.is Agreement. · In the everit this Agreement.is terminated by th.e Funding Board or Director, under this section or any other section after any portion of the grant amount has been paid to the Sponsor under this Agreement, the Funding Board or Director may require that any amount paid be repaid to the Office for redeposit into the account from which the funds were derived. April 15, 2002 -Page 12 General Provisions The Funding Board and the Office may enforce this Agreement by the remedy of specific performance, which usually will mean completion of the Project as described in thii; Agreement. However, the remedy of specific performance shall not be the sole or .exclusive remedy available to the Office. No remedy available to "the Funding Board or the Office shall be deemed exclusive. The Funding Board c;,r the Office . may ·elect to exercise any, any combination, or all of the remedies available to it under this Agreement, o.r under any provision of law, common law, or equity. , SECTION 38. TERMINATION FOR CONVENIENCE . . L • \ , , ,Except as otherwise provided in this Agreement, the Office may, by ten (10) days written notice, beginning on·the second day afler the mailing, terminate this Agreement, in whole or in part, If this Agreem~nt is so terminated, the Office shall be liable only for payment required under the terms of this Agreement for services rendered or goods delivered prior to the effective date of termination. S"!=CTION 3~. DISPUTE H.EARING Except as may otherwise be provided in this Agreement, wh.en a dispute arises between the Sponsor and the Funding Board, .which cannot be resolved, .either party may ·request a dispute hearing aci::ording to the process set out.in this section. Either party's requestfor a dispute hearing must be in writing and clearly state:. · · · · · · A. The disputed issues; B. The relative positions of the parties; C. · The Sponsor's name, address, proj~t title, and the assigned project number. '· •' ,':;·_ -. \ , . ,' . : . _· . . ' . II) c;,rderf9r this section to apply to the. resolution of any specific dispute or disputes, the other party must agree i9 writing that the procedure under this section shall be used to resolve those specific issu11s. The .· · iliSPute. shall tie he/;lrd by a panel of thre.e persons consisting of one person chosen by the Sponsor, one · person chQsen by the Director, and"a third person chosen by the two persons initially appointed. If a third · pi;lrson cannot be agreed upon, the third person shall be chosen by the Fundingr9oard's Chair. · · Ar,iy ,hearing' upder this section 5haU be informal, with the specific processes to be determined by the · qiSput!lS pariel a~rc;ling to the nature and complexity· of the issues involved. The process may be solely based.upon written material if the i:iartjes so agree. The disputes panel shall be governed by the provisions 6f this AgfElement in <;leciding the c;li~putes. · · / · The parties shall be bound by the,decision of the disputes panel, unless the remedy directed by that panel shall be without the authority of either or both parties to perform, as necessary, or is otherwise unlawful. · Request fora disputes hearingunder this section by either party sh,iU be delivered or mailed .to the other party.,herequestshall be"delivered or mailed within thirty (30) days 6f the date the.r~questingparty has received notice of the action or position of the other party whiqh it wishes to dispute. The written .. agreement to use the process under this section far resolution of those issues shall be dellvered or mailed t>y the receiving party to the requestirig party within thirty (30) days of receipt by the ~eceiving party of the request. · · ., All costs associ~ted with the implementation of this process shall be shared equally by the Parties. SECTION 40, ATTORNEYS' FEES If either party brings litigation· io enforce any term.or condition of this Agree~ent, or as a result of this Agreement, the prevailing party shall be awarc;led its reasonable attorneys' fees together with necessary fees, expenses, and costs incurred for such litigation at both trial and appellate levels, as well.as in obtaining execution of judgment. The reasonableness of such costs and attorneys' fees shall be · determined by the court and·not a jury. · i ' SECTION 41. GOVERN!NG LAWNENUE April 15, 2002 • Page 13 General Provisions. This Agreement shall be construed and inierpreted in accordance with the laws of the State of Washington. In the event of a lawsuit i(lvolving this Agreement, venue sh.all be proper only in Thurston County Superior Court. The Sponsor, by execution of this Agreement acknowledges the jurisdiction of the courts of the State oJ Washington. In the cases where this agreement is between the Funding Board and a federally recognized Indian tribe, the following Governing l,.awNenue applies: · · · ·. A; .The State of Washington agrees that it shall initiate any lawsuit against a federally recognized Indian tribe <)rising out pf or relating to the performance, breach-or enforcement of this agreement in Federal Court. Interpretation shall be according to the law of the State of Washington. In .the event that the f:~deyal Court determines that it lacks subject matter jurisdiction to resolve the dispute between the State and Tribal Party, th1m the parties agree to venue in Thurston Coi.mty Superior Court,· but the parties agree that the matter $hall not be pursued in superior qourt unless there is a Federal Court determination that it lacks subject matter jurisclictic,n. · · · . . • s: Any Judicial'award, determination, order, decree c,r .other relief, whether in law or equity or otherwise, resulting from the action shsilL.be binding and enforceable upon the parties. Any money judgment.or · award against the Tribe, tribal officers and members, or the State of Washington sind its officers and employees rnay not exceed the amount provided for in Section F-Project Funding of the Agreement. C. The Tribe hereby waives its sovereign immunity as necessary to give effect to this section, and the State of Washington has waived its immunity to suit in state court. These waivers are only for the benefit of the Tribe and State an.d shall not be enforceable by any third party or by any assignee or _delegate of thii parties. In any enforcement action, the parties shall bear their.own enforcement costs, including attorneys' fees. SECTION 42. SE'ifERABILITY The provisions of thi~ Agreement are intended to be severable. If any term or provision is illegal or invalid. for any .reason-whatsoever, such illegality or invalidity shall not affect the validity of the remainder of th,e ·. Agreement. , •.i Page 1 of 7 Decker Creek Wetlands Monitoring Year 2022 Visit date:8/1/2022 Start time:9:37 AM End time:12:22 PM Monitors: Michael Leigh, Katey Athow Method: Driving, On foot 1.Was a landowner or property manager/agent present? No 2.Did the landowner mention plans to sell all or part of the property? 3.What new information (if any) did you learn from the landowner or property managers? 4.What changes have there been to the property since last year's visit? The roads north of 2 and north of 11 are not being maintained. A new culvert was placed at 4, along with new road gravel. The main Green Diamond road near the spur road to point 7 and further east was recently widened and graveled, probably for planned timber activities. (However, the only FPA I could nd for the area was for aerial herbicide spraying.) 5.Other observations regarding the condition of the property's Conservation Values: The forests in what we could see of the property seemed fairly healthy, with no visible die-offs. 6.What human uses did you observe on the property? No human uses observed 7.Were there any issues that did not get recorded on the map? No 8.Recommendations for next year's monitoring visit: Aerial monitoring by drone probably is the most effective, although it also is valuable to make sure there are no trails leading from the access roads to the property. Time your visit around the hunting seasons. Do not follow side road that leads to points 5 + 6: it does not lead to the property. You may need to walk unmaintained sections of road (north of point 4, north of point 11) and/or spend some time cutting back vegetation. 9.Other comments: Page 2 of 7 Point Point Type Description Photopoint 01 Survey marker Survey marker at curve in the road, on west side of 4-foot-diameter-at-breast-height Sitka spruce Photopoint 02 Point of interest At end of maintained section of road. The road beyond this point is quite overgrown. Photopoint 03 Survey marker By survey markers at property corner. Photopoint 04 Point of interest New gravel over new culvert. Photopoint 05 Point of interest End of drivable portion of road Photopoint 06 Point of interest Road is quite overgrown and may not be drivable beyond this point Photopoint 07 Point of interest End of road Photopoint 08 Point of interest At end of road. Green Diamond recently graded the road to this point, so they may be planning some timber activities. Photopoint 09 Point of interest End of drivable section of road. Photopoint 10 Point of interest End of road Photopoint 11 Point of interest Road is not being maintained north of here. Photos Page 3 of 7 Photopoint 01: looking NE at Katey Athow next to survey marker, providing scale for large Sitka spruce Photopoint 01: looking NNW Photopoint 01: looking SSW Photopoint 02: looking N Page 4 of 7 Photopoint 02: looking S Photopoint 03: looking N Photopoint 03: looking S at overgrown trail from end of road to survey marker.Photopoint 03: looking E Photopoint 04: looking NNW Photopoint 04: looking WSW Page 5 of 7 Photopoint 04: looking ENE Photopoint 06: looking ENE Photopoint 07: looking NW Photopoint 08: looking SSW Photopoint 08: looking NE Photopoint 09: looking NNW Page 6 of 7 Photopoint 09: looking SSE Photopoint 09: looking SW Photopoint 10: looking NE Photopoint 10: looking SW Photopoint 11: looking N at unmaintained north road Photopoint 11: looking SSE at maintained south road Page 7 of 7 Photopoint 11: looking E at Green Diamond gate on Mary M Knight Road Signed: By: Mike Leigh Date: August 24th, 2022 at 9:21:54 AM GMT-7 Mason County Community Services – Briefing October 10, 2022 Briefing Items → Clean Water District Advisory Committee applicant – Ian Tracy Mason County Agenda Request Form To: Board of Mason County Commissioners From: Ian Tracy Ext. 544 Department: Public Health Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): October 10, 2022 Agenda Date: October 25, 2022 Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☐ Other (This is the responsibility of the requesting Department) 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: Application received for vacant Citizen position on Mason County Clean Water District (CWD) Advisory Committee Background/Executive Summary: The purpose of the CWD is to accomplish the mandates of Chapter 90.72 RCW to protect and improve the water quality in shellfish growing areas. This includes establishing programs and projects to reduce non-point pollution threatening surface water quality in Mason County. The CWD advisory committee is a diverse nine (9) member group of stakeholders that advise the Commission and make recommendations for water quality work conducted within the CWD. This committee has 3 citizen positions which are appointed by the BOCC. We currently have one vacant citizen position and Arthur Whitson has applied to fill this role. Budget Impact (amount, funding source, budget amendment): None Public Outreach (news release, community meeting, etc.): None Requested Action: Commissioner discussion Attachments: Application Resolution I AM SEEKING APPOINTMENT TO NAME: ADDRESS: CllY/ZIP: VOTING PRECINCT: MASON COUNTY COMMISSIONERS 411 NORTH FIFTH STREET SHELTON WA 98584 Fax 360-427-8437; Voice 360-427-9670, Ext. 419; 275-4467 or 482-5269 I PHONE: WORK PHONE: (OR AREA IN THE COUNTY YOU LIVE) E-MAIL: COMMUNITY SERVICE EMPLOYMENT: (IF RETIRED. PREVIOUS EXPERIENCE) (ACTIVITIES OR MEMBERSHIPS) COMPANY: POSITION: COMPANY: POSITION: In your words, what do you perceive is the role or purpose of the Board, Committee or Council for which you are applying: What interests, skills do you wish to offer the Board, Committee, or Council? 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? Realistically, how much time can you give to this position? Quarterly Monthly Weekly Daily Office Use Only Appointment Date ___ _ Signature Dale Term Expire Date ___ _ RESOLTUION NO. 102\- O52 CREATION OF THE MASON COUNTY CLEAN WATER DISTRICT ADVISORY COMMITTEE WHEREAS, the Mason County Board of County Commissioners adopted the Mason County Clean Water District on May 1111, 2021, per Chapter 90.72 RCW, to address non-point pollution sources affecting shellfish harvest areas; and WHEREAS, State law (Chapter 90.72 RCW) allows for the county legislative authority to appoint a local advisory council to advise in implementation of shellfish protection programs. WHEREAS,the creation of the Mason County Clean Water District and adoption of Mason County Code Chapter 6.88 directs the Mason County Board of County Commissioners to create an advisory committee to assist in implementing the purposes and goals of the clean water district; and WHEREAS, Mason County has many partnering agencies and entities interested in preservation of clean water and shellfish harvest activities. NOW, THEREFORE, BE IT RESOLVED BY THE MASON COUNTY BOARD OF COUNTY COMMISSIONERS that the Mason County Clean Water District Advisory Committee is created; and BE IT FURTHER RESOLVED that the Advisory Committee shall have the following nine (9) official members with the following initial terms. 1 Representative of the Mason County Board of County Commissioners ongoing 1 Citizen from (residing within) the Clean Water District 1 year 1 Citizen from (residing within) the Clean Water District 2 years 1 Citizen from (residing within) the Clean Water District 3 years 1 Representative from Mason Conversation District ongoing 1 Representative from the Squaxin Island Tribe ongoing 1 Representative from the Skokomish Tribe ongoing 1 Representative of the Commercial Shellfish Growers ongoing 1 Representative from City of Shelton ongoing Organizations listed with "ongoing" terms will determine their representatives. Citizen member positions shall be appointed by the Mason County Board of.County Commissioners as described in the Boards and Commissions Handbook. After Initial terms, members will serve 3-year terms. The Mason County Board of County Commissioner position shall be non-voting except in the event of a tie vote. DATED this day of 2021. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: Rano Neath rlin, Chair YY1Gu!XUrM.Q S rn,k McKenzie S ith, derk of the Board Sharon Tr sk, Commissioner APPROVED AS TO FORM: I tkuC -.10 Tim W k ehead Kevin Shutty, Co missioner Chief Deputy Prosecuting Attorney Action Items: → Set hearing to update the resolution designated County Roads as Primitive Roads → Set hearing to establish speed limit on California Road → Set hearing to establish speed limit on Sunnyside Road → Adopt-A-Road Agreement received from Lake Limerick County Club Discussion Items: → Pressure reducing valve replacement for Rustlewood Water System Commissioner Follow-Up Items: Upcoming Calendar/Action Items: MASON COUNTY PUBLIC WORKS COMMISSIONER BRIEFING OCTOBER 10, 2022 Mason County Agenda Request Form To: Board of Mason County Commissioners From: Mike Collins Ext. 450 Department: Public Works Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): October 10, 2022 Agenda Date: October 25, 2022 Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☐ Other (This is the responsibility of the requesting Department) 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: Designation of County Primitive Roads Background/Executive Summary: Mason County first designated Primitive Roads in 1982 pursuant to RCW 36.75.300. Roads eligible for Primitive Road status are gravel or earth surface, volumes of 100 vehicles per day or less, and not part of the primary road system. Travelers on roads designated as “Primitive” should expect lower levels of maintenance, fewer warning signs, and/or deviations from standard road design. As County roads are improved and traffic counts are updated, the list of roads eligible for Primitive Road designation changes. Public Works staff reviewed the current list (Resolution 2021-063) and with the recently upgraded road surfaces of California Road and Sunnyside Road, with BST surface (also known as chip seal), both roads should be removed from the primitive road list. Public Works recommends the removal of California and Sunnyside Roads, and updating the Primitive Road list. Budget Impact (amount, funding source, budget amendment): None Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval of the Resolution designating certain low volume, unpaved County access roads as Primitive Roads. Attachments: Resolutions RESOLUTION NO. 2021- D 92 MASON COUNTY ROADS DESIGNATED AS PRIMATIVE ROADS WHEREAS,WAC 468-95-290,pursuant to RCW 36.75.300, authorizes a classification of county roads to be designated by resolution as primitive roads; and, WHEREAS,the legislative authority of each county may,by resolution, classify and designate portions of the county road as primitive roads where the designated road portion: 1) Is not classified as part of the county primary system, as provided for in RCW 36.86.070; 2) Has a gravel or earth driving surface; and 3) Has an average annual daily traffic of one hundred or fewer vehicles; and WHEREAS,WAC 468-95-090 states that any road designated as a primitive road shall be marked with a"PRIMITIVE ROAD" sign at all places where the primitive road portion begins or connects with a highway other than a primitive road. WHEREAS,Mason County first designated primitive roads within the county road system in 1982, Resolution 62-82, and has updated the list as changes have been made to our road system that affect primitive road status; and, WHEREAS,the County Engineer has reviewed the county road system and determined which roads are appropriate to be classified as primitive roads. NOW,THEREFORE, BE IT RESOLVED,that the following roads be designated Primitive Roads: Road Start End Total Road Name Number Sec.-Twn.-Rng. Mile Mile Length FORD LOOP RD 00190 05 19N 6W 0.094 1.687 1.593 KELLY HALL RD 01300 28 21N 6W 0.000 1.650 1.650 BEERBOWER RD 02230 30 19N 6W 1.247 3.063 1.816 WHITE RD 06360 36 20N 4W 0.291 0.938 0.647 ROCK CREEK RD 10480 03 19N 4W 0.000 1.101 1.101 WALDRIP RD 14320 21 19N 3W 0.000 0.260 0.260 ELLIS RD 15960 02 19N 3W 0.000 0.720 0.720 COVE DRIVE 27170 16 2N 2W 0.000 0.132 0.132 SQUAXIN DRIVE 30320. 01 19N 2W 0.000 0.090 0.090 MAPLES RD 32850 24 20N 2W 0.000 0.570 0.570 CEMETERY RD 35650 12 20N 2W 0.000 0.130 0.130 YATES RD 36600 35 21N 2W 0.011 1.129 1.118 FOUR CORNERS RD 40590 30 21N 4W 0.000 3.270 3.270 EELLS HILL RD 40850 18 21N 4W 0.163 5.611 5.448 CALIFORNIA RD 41100 26 21N 4W 0.103 4.383 4.280 CALIFORNIA CUT-OFF RD 41380 18 21N 4W 0.000 0.570 0.570 SUNNYSIDE RD 42360 10 21N 4W 0.550 3.250 2.700 n'F i G L Resolution 2021- Page 2 of 2 Road Start End Total Road Name Number Sec.-Twn.-Rng. Mile Mile Length SUNNYSIDE RD 42360 10 21N 4W 3.350 3.450 0.100 NASON RD 52400 36 21N 3W 0.000 0.190 0.190 WEBB HILL RD 57530 25 21N 2W 1.810 3.013 1.203 SUNNYSLOPE RD 61950 05 21N 2W 0.000 0.551 0.551 ROO'S COURT 62350 04 21N 2W 0.000 0.370 0.370 MURRAY RD SOUTH 63150 15 21N 1W 0.000 0.310 0.310 Total 28.819 BE IT FURTHER RESOLVED that the County Engineer place appropriate primitive road signing on these designated primitive roads. DATED this 12a'day of October, 2021. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: MCKENZI SM H kN DY NEXTAERLIN, Chair Clerk of the Board K VIN SHU , Vice Chair APPROVED AS TO FORM SHARON AASK, Commissioner TIM WHITEHEAD, Ch. DPA Page 1 of 2 pages RESOLUTION NO. 2022-_____ REPLACING RESOLUTION 2021-063 MASON COUNTY ROADS DESIGNATED AS PRIMATIVE ROADS WHEREAS, WAC 468-95-290, pursuant to RCW 36.75.300, authorizes a classification of county roads to be designated by resolution as primitive roads; and, WHEREAS, the legislative authority of each county may, by resolution, classify and designate portions of the county road as primitive roads where the designated road portion: (1) Is not classified as part of the county primary system, as provided for in RCW 36.86.070; (2) Has a gravel or earth driving surface; and (3) Has an average annual daily traffic of one hundred or fewer vehicles; and WHEREAS, WAC 468-95-090 states that any road designated as a primitive road shall be marked with a “PRIMITIVE ROAD” sign at all places where the primitive road portion begins or connects with a highway other than a primitive road. WHEREAS, Mason County first designated primitive roads within the county road system in 1982, Resolution 62-82, and has updated the list as changes have been made to our road system that affect primitive road status; and, WHEREAS, the County Engineer has reviewed the county road system and determined which roads are appropriate to be classified as primitive roads. NOW, THEREFORE, BE IT RESOLVED, that the following roads be designated Primitive Roads: Road Start End Total Road Name Number Sec.-Twn.-Rng. Mile Mile Length FORD LOOP RD 00190 05 19N 6W 0.094 1.687 1.593 KELLY HALL RD 01300 28 21N 6W 0.000 1.650 1.650 BEERBOWER RD 02230 30 19N 6W 1.247 3.063 1.816 WHITE RD 06360 36 20N 4W 0.291 0.938 0.647 ROCK CREEK RD 10480 03 19N 4W 0.000 1.101 1.101 WALDRIP RD 14320 21 19N 3W 0.000 0.260 0.260 ELLIS RD 15960 02 19N 3W 0.000 0.720 0.720 COVE DRIVE 27170 16 2N 2W 0.000 0.132 0.132 SQUAXIN DRIVE 30320 01 19N 2W 0.000 0.090 0.090 MAPLES RD 32850 24 20N 2W 0.000 0.570 0.570 CEMETERY RD 35650 12 20N 2W 0.000 0.130 0.130 YATES RD 36600 35 21N 2W 0.011 1.129 1.118 FOUR CORNERS RD 40590 30 21N 4W 0.000 3.270 3.270 EELLS HILL RD 40850 18 21N 4W 0.163 5.611 5.448 CALIFORNIA RD 41100 26 21N 4W 1.300 5.409 4.109 CALIFORNIA CUT-OFF RD 41380 18 21N 4W 0.000 0.570 0.570 Page 2 of 2 pages Resolution 2022-___ Page 2 of 2 Road Start End Total Road Name Number Sec.-Twn.-Rng. Mile Mile Length NASON RD 52400 36 21N 3W 0.000 0.190 0.190 WEBB HILL RD 57530 25 21N 2W 1.810 3.013 1.203 SUNNYSLOPE RD 61950 05 21N 2W 0.000 0.551 0.551 ROO'S COURT 62350 04 21N 2W 0.000 0.370 0.370 MURRAY RD SOUTH 63150 15 21N 1W 0.000 0.310 0.310 Total 25.848 NOW, THEREFORE, BE IT RESOLVED, that the Board of Mason County Commissioners hereby replaces Resolution 2021-063 and all previous resolutions related to Primitive Roads. BE IT FURTHER RESOLVED that the County Engineer place appropriate primitive road signing on the above designated primitive roads. DATED this 22nd day of November, 2022. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: ___________________________________ MCKENZIE SMITH KEVIN SHUTTY, Chair Clerk of the Board ____________________________________ SHARON TRASK, Vice Chair APPROVED AS TO FORM ____________________________________ RANDY NEATHERLIN, Commissioner TIM WHITEHEAD, Ch. DPA Mason County Agenda Request Form To: Board of Mason County Commissioners From: Mike Collins Ext. 450 Department: Public Works Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): October 10, 2022 Agenda Date: October 25, 2022 and November 22, 2022 Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☐ Other (This is the responsibility of the requesting Department) 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: Establishing Speed Limit on California Road Background/Executive Summary: A portion of California Road, a County-maintained road, was recently upgraded with a BST surface (chip seal). Before the upgrade, the roadway was gravel beginning from MP 0.104 to MP 5.409. The road was recently chip sealed, beginning at MP 0.000 to MP 1.300. The road was classified as a Primitive Road, according to RCW 36.75.300 and signed as Primitive, which does not require speed limit or warning signs to be posted. With the chip seal improvements on this road, an engineering and traffic investigation was completed and the County Engineer is recommending the Board establish a speed limit, from MP 0.00 to MP 1.300, by setting a hearing to consider changing the speed limit to the following: Existing Rec. Road No. Road Name Speed Speed M.P. – M.P. Comment 41100 California Road N/P 25-mph 0.000 -1.300 Change N/P 1.300- 5.409 No change Budget Impact (amount, funding source, budget amendment): None Public Outreach (news release, community meeting, etc.): Notice of Hearing will be publish two consecutive times in the Shelton-Mason County Journal, posted on road(s), and posted under “What’s New” on the County website http://www.masoncountywa.gov. Requested Action: Action Agenda Approval to set a Public Hearing for Tuesday, November 22, 2022 at 9:15 a.m. to consider establishing a 25- mph speed limit on California Road from milepost 0.000 to milepost 1.300. Mason County Agenda Request Form Public Hearing Approval of the Ordinance establishing a 25-mph speed limit on California Road from milepost 0.000 to milepost 1.300. Attachments: Engineering and Traffic Investigation Notice of Hearing Map Ordinance MASON COUNTY DEPARTMENT of PUBLIC WORKS 100 W PUBLIC WORKS DRIVE SHELTON, WASHINGTON 98584 MEMORANDUM DATE: October 5, 2022 TO: Mike Collins, PE, Deputy Director/County Engineer Cc: Loretta Swanson, Director of Public Works FROM: Dave Smith, PE, Engineering and Construction Manager SUBJECT: Establish Speed Limit on California Road A portion of California Road was recently converted from a gravel road to a chip seal surface. California Road is currently classified as a primitive road according to RCW 36.75.300. Statutorily defined primitive roads, such as this, are not posted with speed limit or warning signs. With the new portion of chip sealed surface, beginning at MP 0.00 to MP 1.30, and with additional signing, California Road no longer will qualify as a primitive road by State law, within the above prescribed mile posts, and therefore, it is appropriate to establish a speed limit. RECOMMENDATION California Road is classified as a low volume residential road. A review of California Road was done after it was chip sealed and Public Works recommends the speed limit be set at 25 mph beginning at MP 0.00 and ending at MP 1.30. The remainder of California Road will be signed as Primitive Road. The road will be evaluated for any additional warning signs that are needed. NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold two separate public hearings in Mason County Building I, Commission Chambers, 411 North Fifth Street, Shelton, WA 98584 on November 22, 2022 at 9:15am. SAID HEARINGS will be to take public comment to consider establishing a 25-mph speed limit on California Road from M.P. 0.000 – M.P. 1.300 and a 25-mph speed limit on Sunnyside Road from MP. 0.000 to MP. 3.450. 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@masoncountywa.gov or mail to the Commissioners’ Office, 411 N 5th St, Shelton, WA 98584; or call (360) 427-9670 ext. 230. If special accommodations are needed, please contact the Commissioners' office, (360) 427-9670 ext. 419. DATED this 25th day of October, 2022. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON __________________________________ McKenzie Smith, Clerk of the Board Bill: Public Works Department 100 W Public Works Drive Shelton, WA 98584 Cc: Commissioners Sheriffs Dept. Shelton Journal: Publ. 2t: 11/3/22 & 11/10/22 BROCK D A L E R D S K O K O M I S H V A L L E Y R D US HIGHWAY 101PURD Y C U T O F F R D MP 0.00 MP 1.55 California Road 0 0.5 1 Miles ORDINANCE NO. 2022-______ AN ORDIANCE ESTABLISHING SPEED LIMIT ON CALIFORNIA ROAD IN MASON COUNTY, WASHINGTON WHEREAS, the Revised Code of Washington RCW 46.61.415 permits local authorities to establish or alter maximum legal speed limits pursuant to RCW 46.61.400 on County road within their jurisdiction based on engineering and traffic investigation; and WHEREAS, in accordance with Chapter 10.04 of the Mason County Code the board of county commissioners, by ordinance, may raise or lower a speed limit on any county road, except raising above fifty miles per hour. WHEREAS, Mason County previously established California Road as a primitive road under resolution 2021-063; and, WHEREAS, the Department of Public Works Engineer, and or his designee, have conducted an engineering and traffic investigation on California Road after upgrading a portion of the county road with BST surface; and, WHEREAS, County Commissioners held a public hearing and received public testimony regarding the speed limit on California Road; and, WHEREAS, existing conditions of the road warrants a speed limit change, as shown: Exist. Recommended Road No. Road Name Speed Speed M.P. - M.P. 41100 California Road N/P 25 0.000 – 1.300 N/P N/P 1.300 – 5.409 THEREFORE, IT IS HEREBY RESOLVED AND ORDERED, that the speed limit is effective immediately as shown on the above listed county road, and the County Engineer is so directed to erect the necessary speed limit signs in conformity herewith. DATED this ______of__________, 2022. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: MCKENZIE SMITH, Clerk of the Board APPROVED AS TO FORM: TIM WHITEHEAD, Ch. DPA cc: Public Works Sheriff Prosecutor _________________________________ KEVIN SHUTTY, Chair SHARON TRASK, Vice Chair RANDY NEATHERLIN, Commissioner Mason County Agenda Request Form To: Board of Mason County Commissioners From: Mike Collins Ext. 450 Department: Public Works Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): October 10, 2022 Agenda Date: October 25, 2022 and November 22, 2022 Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☐ Other (This is the responsibility of the requesting Department) 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: Establishing Speed Limit on Sunnyside Road Background/Executive Summary: Sunnyside Road, a County-maintained primitive road, was recently upgraded with a BST surface (chip seal) from MP 0.550 to MP 1.465. Before the upgrade, Sunnyside Road was BST from MP 0.00 to MP 0.545; changed to gravel at MP 0.545 to MP 3.081 and reverted back to BST from MP 3.081 to MP 3.349, and changed to gravel from MP 3.349 to MP 3.422. It changed to dirt from MP 3.349 to MP 3.450. The end of county road is at MP 3.450. The road is currently classified as a Primitive Road from MP 0.545 to MP 3.450, in accordance with RCW 36.75.300, and signed as such, and did not require speed limit or warning signs to be posted. With the latest BST improvements, an engineering and traffic investigation was completed and the County Engineer is recommending the Board of Commissioners’ establish a speed limit by setting a hearing to consider changing the speed limit to the following: Existing Rec. Road No. Road Name Speed Speed M.P. – M.P. Comment 42360 Sunnyside Road 35-mph 25-mph 0.000 -0.550 Change N/P 25-mph 0.550- 3.450 Change Budget Impact (amount, funding source, budget amendment): None Public Outreach (news release, community meeting, etc.): Notice of Hearing will be publish two consecutive times in the Shelton-Mason County Journal, posted on road(s), and posted under “What’s New” on the County website http://www.masoncountywa.gov. Requested Action: Action Agenda Mason County Agenda Request Form Approval to set a Public Hearing for Tuesday, November 22, 2022 at 9:15 a.m. to consider establishing a 25- mph speed limit on Sunnyside Road from milepost 0.000 to milepost 3.450. Public Hearing Approval of the Ordinance establishing a 25-mph speed limit on Sunnyside Road from milepost 0.000 to milepost 3.450. Attachments: Engineering and Traffic Investigation Notice of Hearing Map Ordinance MASON COUNTY DEPARTMENT of PUBLIC WORKS 100 W PUBLIC WORKS DRIVE SHELTON, WASHINGTON 98584 MEMORANDUM DATE: October 5, 2022 TO: Mike Collins, PE, Deputy Director/County Engineer Cc: Loretta Swanson, Director of Public Works FROM: Dave Smith, PE, Engineering and Construction Manager SUBJECT: Establish Speed Limit on Sunnyside Road A portion of Sunnyside Road was recently converted from a gravel road to a chip seal surface. Sunnyside Road is currently classified as a primitive road according to RCW 36.75.300. Statutorily defined primitive roads, such as this, are not posted with speed limit or warning signs. With the new portion of chip sealed surface, and with additional signing, Sunnyside Road no longer will qualify as a primitive road by State law, and therefore, it is appropriate to establish a speed limit. RECOMMENDATION Sunnyslope Road is classified as a low volume residential road. A review of Sunnyslope Road was done after it was chip sealed and Public Works recommends the speed limit be set at 25 mph. The road will be evaluated for any additional warning signs that are needed. NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold two separate public hearings in Mason County Building I, Commission Chambers, 411 North Fifth Street, Shelton, WA 98584 on November 22, 2022 at 9:15am. SAID HEARINGS will be to take public comment to consider establishing a 25-mph speed limit on California Road from M.P. 0.000 – M.P. 1.300 (Portion) and a 25-mph speed limit on Sunnyside Road from MP. 0.000 to MP. 3.450 (All). 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@masoncountywa.gov or mail to the Commissioners’ Office, 411 N 5th St, Shelton, WA 98584; or call (360) 427-9670 ext. 230. If special accommodations are needed, please contact the Commissioners' office, (360) 427-9670 ext. 419. DATED this 25th day of October, 2022. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON __________________________________ McKenzie Smith, Clerk of the Board Bill: Public Works Department 100 W Public Works Drive Shelton, WA 98584 Cc: Commissioners Sheriffs Dept. Shelton Journal: Publ. 2t: 11/3/22 & 11/10/22 US HIGHWAY 101 SK O K O M I S H V A L L E Y R D STATE ROUTE 106 PURDY C U T O F F R D Sunnyside Road MP 0.00 MP 3.45 0 0.5 1 Miles ORDINANCE NO. 2022-______ AN ORDIANCE REPLACING RESOLUTION 241 CHANGING THE SPEED LIMIT ON SUNNYSIDE ROAD IN MASON COUNTY, WASHINGTON WHEREAS, the Revised Code of Washington RCW 46.61.415 permits local authorities to establish or alter maximum legal speed limits pursuant to RCW 46.61.400 on County road within their jurisdiction based on engineering and traffic investigation; and WHEREAS, in accordance with Chapter 10.04 of the Mason County Code the board of county commissioners, by ordinance, may raise or lower a speed limit on any county road, except raising above fifty miles per hour. WHEREAS, Mason County previously established alternate speed limits for a portion of Sunnyside Road on June 12, 1972 under Resolution 241. WHEREAS, the Mason County Public Works Department has conducted an engineering and traffic investigation on Sunnyside Road after upgrading with BST surface; and WHEREAS, County Commissioners held a public hearing and received public testimony regarding the speed limit on Sunnyside Road; and, THEREFORE, BE IT RESOLVED that County Commissioner, after due deliberation and in the best interest of the public hereby adopts the speed limit posting for the entirety of Sunnyside Road as follows: Exist. Recommended Road No. Road Name Speed Speed M.P. - M.P. 42360 Sunnyside Road 35 25 0.000 – 0.550 N/P 25 0.550 – 3.450 THEREFORE, BE IT RESOLVED AND ORDERED, that this ordinance replaces Ordinance 241. The speed limit is effective immediately as shown and the County Engineer is directed to erect the necessary signs in conformity herewith. DATED this ______of__________, 2022. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY, WASHINGTON MCKENZIE SMITH, Clerk of the Board APPROVED AS TO FORM: TIM WHITEHEAD, Ch. DPA cc: Public Works Sheriff Prosecutor _________________________________ KEVIN SHUTTY, Chair SHARON TRASK, Vice Chair RANDY NEATHERLIN, Commissioner Mason County Agenda Request Form To: Board of Mason County Commissioners From: Mike Collins Ext. 450 Department: Public Works Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): October 10, 2022 Agenda Date: October 25, 2022 Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☐ Other (This is the responsibility of the requesting Department) 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: Adopt a Road – Lake Limerick Community Club Background/Executive Summary: Volunteers from Lake Limerick Community Club have submitted and signed an Adopt-A-Road Agreement to pick up roadside litter along Mason Lake Road from milepost 2.24 to milepost 3.63. Public Works recommends approval and execution of an Adopt-A-Road Agreement with the Lake Limerick Community Club. The authorized volunteer representatives are Tamra Ingwaldson and Roger Milliman. The 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 Agreement. Public Works agrees to furnish and pick up trash bags, provide safety materials and training aids, along with other provisions spelled out in the Agreement. Pick up and disposal of the trash happens under the Community Litter Cleanup program overseen by the Sheriff’s office Chapter 12.48 of the Mason County code establishes an Adopt-A-Road litter control program allowing volunteers to pick up roadside litter. It has been determined that the organization is eligible to participate in the program. Budget Impact (amount, funding source, budget amendment): None Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval for the County Engineer to execute an Adopt-a-Road agreement between Mason County and Lake Limerick Community Club to pick up roadside litter along Mason Lake Road from milepost 2.24 to milepost 3.63. Attachments: Application Vicinity Map E FOREST ESTATESE MASON LAKE RDE DUNOON PL E ST ANDREWS DR E B A L L A N T R A E D R E ST ANDREWS DRE BALLANTRAE DRCranberry CreekAdopt-A-Road area Adopt-A-Road - Mason Lake Rd MP 2.24-3.63 "Lake Limerick Community Club"¯ Mason County Agenda Request Form To: Board of Mason County Commissioners From: Richard Dickinson Ext. 652 Department: Utilities & Waste Management Briefing: ☒ Action Agenda: ☐ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): October 10, 2022 Agenda Date: Click or tap here to enter text. Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☐ Other (This is the responsibility of the requesting Department) 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: Replace Rustlewood Water System Pressure Reducing Valve Background/Executive Summary: Utilities and Waste’s contractor will replace the Pressure Reducing Valve (PRV) located at 271 E Madrona Pkwy, Grapeview in the Rustlewood community during the week of October 17, 2022. Replacing the PRV will affect water service for some Rustlewood customers and travel along Madrona Parkway. Traffic revisions are scheduled to begin at 7:00am – 4:00pm Monday, October 17, 2022 through Wednesday, October 19, 2022. Madrona Parkway will be reduced to one lane for approximately 500 feet while relocating the PRV vault and installing a new 4” PRV and a 2” bypass PRV. Water service interruptions for some Rustlewood customers are planned for Tuesday, October 18, 2022 & Wednesday, October 19, 2022 from 9:00am – 4:00pm. Budget Impact (amount, funding source, budget amendment): None; project is 100% funded by a grant from the Department of Commerce. Public Outreach (news release, community meeting, etc.): Water service interruptions and traffic revisions will be posted on the County Facebook page, County website under “Road Closures, Restrictions, and Conditions”; reader boards will alert drivers and residents at least 5 days prior to revision; and the Home Owners Association President has been notified. Requested Action: None; informational. Attachments: