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2024/11/05 - Regular Packet
Board of Mason County Commissioners Draft Meeting Agenda Commission Chambers 411 N 5th St, Shelton, WA 98584 November 5, 2024 9:00 a.m. November 5.2 Commission meetings are live streamed at http://www.masonwebtv.com/ Regular Commission business meetings will be held in-person and via Zoom. Please click the Zoom meeting link posted on the Mason County homepage and use the “raise hand” feature to be recognized by the Chair to provide comment and testimony. Public comment and testimony can be provided in-person, via e-mail at msmith@masoncountywa.gov; mail in to the Commissioners’ Office at 411 N 5th St, Shelton, WA 98584; or call (360) 427- 9670 ext. 419. If you need to listen to the Commission meeting via telephone, please provide your telephone number to the Commissioners’ Office no later than 4:00 p.m. the Friday before the meeting. 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Correspondence and Organizational Business 4.1 Correspondence 4.2 Mason County Clean Water District Annual Water Quality Report News Release 4.3 2025 Solid Waste Rate Increases News Release 4.4 Annual Mason County Heritage Grant Cycle News Release 4.5 Rasor Road, Road Improvement District (RID) Public Meeting News Release 4.6 Search and Rescue Team (SORT) Recognition 5. Open Forum for Citizen Input Please see above options to provide public comment; 3 minutes per person, 15-minute time limit. 6. Adoption of Agenda Items appearing on the agenda after “Item 10. Public Hearings” may be acted upon before 9:15 a.m. 7. Approval of Minutes – April 23 and October 21, 2024 Finance Committee Minutes; September 30, October 7, October 14, and October 21, 2024 Briefing Minutes; October 8 and October 22, 2024 Regular Minutes; and October 15, 2024 Elected Official and Department Head Minutes 8. Approval of Action Agenda Items listed under “Action Agenda” may be enacted by one motion unless a Commissioner or citizen requests an item be removed from the Action Agenda and considered a separate item. 8.1 Approval of Warrants and Treasurer Electronic Remittances Claims Clearing Fund Warrant # 8108250-8108530 $2,479,170.65 Direct Deposit Fund Warrant # 110725-111137 $ 923,716.40 Salary Clearing Fund Warrant # 7008460-7008486 $ 621,972.87 8.2 Approval to set a Public Hearing for Tuesday, December 3, 2024 at 9:15 a.m. to consider updates to the 2025- 2030 Capital Improvement Program (CIP) (Appendix A of the Capital Facilities Element). 8.3 Approval of the Resolution setting a hearing date with the Hearings Examiner for Wednesday, December 11, 2024 at 1:00 p.m. via Zoom to consider public comment on Road Vacation No. 420. 8.4 Approval to reappoint Jann Goodpaster to the Historic Preservation Commission (HPC) for a term expiring November 30, 2027. 8.5 Approval for the Public Health and Human Services Director to sign the Interagency Agreement between the Washington State Department of Agriculture and Mason County Public Health and Human Services in the amount of $27,131.11. 8.6 Approval of the Consolidated Homeless Grant (CHG) amendment with Crossroads Housing in the amount of $112,000. 8.7 Approval of the Fiscal Year 2024 Emergency Management Performance Grant (EMPG) contract no. E25-112 in the amount of $31,453. 8.8 Approval to amend Resolution No. 2023-067 for the County’s 2025 health insurance contributions to the following: effective January 1, 2025 for participants of the PEBB Medical program, which allocates through the pooling method, $1,236.69 per month County contribution for employees with single enrollments on medical, and $2,002.67 with dependent enrollments, for Teamsters Probation, Community & Family Health, Non-Represented, Elected Officials, Public Defenders, Prosecutors Support Staff, Public Defenders Support Staff, Deputy Prosecutors and General Services. 8.9 Approval to set a Public Hearing for Tuesday, December 3 to consider the sale of parcel no. 32005-31-60070 in the amount of $10,000 to Thaddeus and Brenda Bamford. 9. Other Business (Department Heads and Elected Officials) 10. 9:15 a.m. Public Hearings and Items Set for a Certain Time Please see above options to provide public testimony. 10.1 Public Hearing to consider approval of the franchise agreement between Mason County and River Haven Recreation, Inc. to construct, operate, and maintain their water system along West Haven Drive (Schafer Park Road). Staff: Mike Collins 10.2 Public Hearing to consider the requested rezone of 325 acres from Rural Residential 10 (RR10) to Rural Residential 5 (RR5). Staff: Kell Rowen 11. Board’s Calendar and Reports 12. Adjournment MASON COUNTY TO: Board of Mason County Commissioners Reviewed FROM: Ravyn Marshall Ext. 380 DEPARTMENT: Support Services Action Agenda DATE: November 5, 2024 No. 4.1 ITEM: Correspondence 4.1.1 Received letter from Federal Energy Regulatory Commission regarding 2024 Dam Safety Inspection Follow-Up, Cushman No. 1 Development, Cushman Project 4.1.2 Received letter from Monte Ritter regarding MCRA Trail to Shelton 4.1.3 Received notice from Washington State Liquor and Cannabis Board for the following: Special Occasion license for Harstine Island Community Club,Benjamin Brodfuehrer; and Mason General Hospital Foundation,Avery Jones;Notice of Cannabis License Application for Goldcast LLC 4.1.4 Applications sent in for the following Bob Wilkerson for the Planning Advisory Commission Board;Joel (Glenn)Harper for the Lewis-Mason-Thurston Area Agency on Aging Board 4.1.5 Levy Certification received for Mason County Public Hospital District#2 4.1.6 Letter received from Christine Perry regarding removing debris from a culvert on North Shore Rd,Belfair. 4.1.7 Invitation received from Habitat for Humanity regarding the groundbreaking ceremony for Destiny Bosworth and Sarah Pippins families' homes Attachments: Originals on file with the Clerk of the Board. FEDERAL ENERGY REGULATORY COMMISSION Office of Energy Projects Division of Dam Safety and Inspections—.Portland Regional Office 1201 NE Lloyd Blvd, Suite 750 CEIV E Portland, Oregon 97232 Commissioner Randy Neatherlin, OCT 17 2024 (503) 552-2700 Sharon Trask, Kevin SSmithhutty. Mark BY, ion/2024Neary and McKenzie In reply refer to: P-460 VIA Electronic Mail Mr. Chris Mattson Generation Manager Tacoma Public Utilities cmattson@ci.tacoma.wa.us Subject: 2024 Dam Safety Inspection Follow-Up, Cushman No. 1 Development, Cushman Project Dear Mr. Mattson: On September 11, 2024, Daniel Klein performed an inspection of the Cushman No. 1 Development of the Cushman Project, FERC No. 460. The project features were inspected and no conditions were found that would require immediate remedial action to protect the safety of the project. We did not identify any other items that require follow- up action. Please note that if we identify any items requiring follow-up action during preparation of our Dam Safety Inspection Report, we will contact you by phone or email 'and subsequently issue a letter. Thank you for your continued cooperation and interest in dam safety. If you have any questions, please contact Mr. Daniel Klein of this office at (503) 552-2707. Sincerely, E R I Co' r Digitally signed by h/�(`ERIC KENNEDY sKEN N ED�/Y—Date; 2024.10.07 // 12:31:52-07 00 Douglas L. Johnson, P.E. Regional Engineer Danielle Thompson From: Monte Ritter <monteritter@hotmail.com> Sent: EGEIV E onday, October 7,2024 2:58 PM Commissioner Randy3Neatherlin, To: - anielle Thompson Sharon Trask, Kevin Shutty. Mark Subject: OCT 18 2024 CRA trail into Shelton Neary and McKenzie Smith BY• -- Caution: External Email Warning!This email has originated from outside of the Mason County Network. Do not click links or open attachments unless you recognize the sender, are expectingthe email, and knowthe content is safe. If a link sends you to a website where you are asked to validate usingyour Account and Password, DO NOT DO SO! Instead, reportthe incident. Mark, As shown on the Upper Canyon Creek Survey, I brought this proposal to the BOCC March 10th 2020. Eric Schallon at Green Diamond had told me that they were getting readyto annextheir property on my west side.After showing this to Commissioner Trask, I spoke with Commissioner Neatherlin, he and I have worked on other projects in the past while I was sitting on the Park Board. Including the 'Bel.fairto Allyn TraiL'. Unfortunately Randytol.d me to go home and get prepared for the Governorto issue the 'stay at home order'. COVIDIII Unfortunately Mason County doesn't have a 'MCRAto Shelton'trail component that can make use of some 300 k located in some transportation funds Commissioner Neatherlin is aware of.We had had a trail.from Shelton to Belfair mentioned but it was lost during COVID.We never looked into this proposal because so many people were thoughtto be needed to agree to donate some land, but since that's not the case. It is my intention to bringthis proposal to the Mason County Park Board and the Mason County Journal so my neighbors on Capitol.Hill and my new neighbor, Phil Smart on Peacock Ridge can discuss it.As you can see my place at the top of Upper Canyon Creek is on the county side of the Shelton City limits with Joe Menke having the Land in the Shelton Urban Growth Area on my east side.At the discussion on the 'BeLfairto Allyn Trail',the Navy said 'no dice' but Commissioner Neatherlin and Sheltons' City Manager Mark Ziegler both heard our Navy's Leadership response was yes,when I asked to get an easement alongside the tracks from the marina up the side of Capital.HILL,just a short distance, so we can get up and over to Upper Canyon Creek.Joe Menke was there at that meeting, he heard it. I was on the Shelton Park's 'Citizen's Advisory Committee' in 2005, and the most requested trail was one be MCRA and the High School. Getting the kids off the side of John's Prairie Road! I'm just asking for the Park Board to place this proposal on the October meeting agenda. Mason County should discuss this.We can use this sample proposal to show what we need to do, and get an RCO grant application together for the 2025 grant cycle. If we put something together and show Phil and Joe we want to work with them, help them build a bridge? PuLL our weight? The Park's and Recreation Office will accept gifts of Goods and Services or even Land as match in stead of Money.We don't have to raise taxes on people all over Mason County. Since developer's are required to place some of their property into open space for public use.This means while normallythe development can choose what to do,we live here and we have the responsibilityto Let our new neighbors knowwhatwe can do together. Mark Ziegler and I also spoke about how a bridge over Upper Canyon Creek could be used for a sewer connection to the pump station on Fogarty Ave and Maple Streetfrom the new developments on Peacock Ridge. Our Fire Marshall also said in orderto develope Capital HILL and Peacock Ridge a third access i would be required and extending Fogarty north would work, needs a muti- model bridge, 25 ft. wide.The canyon is steep at this point.While my neighbors on Capitol Hillwouldn't go for car bridge connecting Capital Hill and Peacock Ridge, a pedestrian bridge giving people a safe way off our hill would be acceptable.We would end up with a trail that connects the MCRA, Marina, Capital Hill, and Olympic College of Shelton which is next to our Hospital and near our all our schools. Thanks for everything, all of you, Monte 2 � ' ••icy � • • � � • • • _ • � � • � _ ' Bence Parcels tr 41.2 4$cres Hiawatha Park- e f N Manke's'Apine Alpine / 0 View Evergreen Q "ecv�G 1411r i Parcels, 50 Acres JPS Properties LLC Parcel 39.09 Acres Green Diamond Parcels 240Acres e ;Terrace r LII H_ eights, o�h% Capital Hill ■ •• • 1 111 .a Figure 1 ` - ;-Urban Gropdh Area,-, Dashed Llne,' Future Land Use Map I _ Comprehensive Plan Updale 2017 .......... � tl City of Sh.h a.WA `l� ,\'N.1 4elton City Virnits, - 5z µ16; l.CLIM _ D.�ck Line IY u.r✓ \ LoeanE �w. 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N 0 1,250 2,500 n ECEIVE OCT 2 2 2024 rHINGTON STATE LIQUOR AND CANNABIS BOARD - LICENSE SERVICES 1025 UNION AVE SE - P 0 Box 43075 Olympia WA 98504-3075 BY' specialoccasions@lcb.wa.gov Fax: 360-753-2710 TO: MASON COUNTY COMMISSIONERS OCTOBER 22, 2024 SPECIAL OCCASION #: 070739 CommissiOWE Ra MUM Neat ITT iin, HARSTINE ISLAND COMMUNITY CLUB Sharon Trask, Kevin Shutty. Mark 3371 E HARSTINE RD N Nearly and McKenzie Smith SHELTON, WA 98584 Liquor Board DATE: DECEMBER 6, 2024 TIME: 3 PM TO 8 PM PLACE: HARSTINE ISLAND COMMUNITY HALL - 3371 E HARSTINE ISLAND RD N, SHELTON CONTACT: BENJAMIN BRODFUEHRER (DOB: 12.2.1977) 919-323-1296 SPECIAL OCCASION LICENSES » _Licenses to sell beer on a specified date for consumption at a specific place. * _License to sell wine on a specific date for consumption at a specific place. * Beer/Wine/Spirits in unopened bottle or package in limited quantity for off premise consumption. * _Spirituous liquor by the individual glass for consumption at a specific place. If return of this notice is not received in this office within 20 days from the above date, we will assume you have no objections to the issuance of the license. If additional time is required please advise. 1. Do you approve of applicant? YES NO 2. Do you approve of location? YES_ NO_ 3. If you disapprove and the 'Board contemplates issuing a license, do you want a hearing before final action is taken? YES NO OPTIONAL CHECK LIST EXPLANATION YES_ NO LAW ENFORCEMENT YES_ NO HEALTH & SANITATION YES_ NO FIRE, BUILDING, ZONING YES_ NO OTHER: YES NO If you have indicated disapproval of the applicant, location or both, please submit a statement of all facts upon which such objections are based. DATE SIGNATURE OF MAYOR, CITY MANAGER, COUNTY COMMISSIONERS OR DESIGNEE EXECUTIVE SUMMARY 1 WATER SYSTEM COMPREHENSIVE PLAN UPDATE 1 CITY OP SHELTON _ Legend l i , PPe'MEMew Elevated \� r J amnpuq :!I Wive ®,geservov(O Il MG)• A well flecmnmendedfressure2one it ' • .r� Projects t (. ..I„J ° :. `/`'' is land 1 '� /�''l�rr•cr..rnwur. tr" Recommended Disulbutlon System I --.cl h ..1 r I �• .Lane - mpm>zmen[s Recommended Pump Station j {J :1-t S -!{ `-t•yfr Mkr_,raaa.r�. �.._�..4 '.. • ProJgB r IF Recommended Storage ProJetts •� cr v-" a e( * z �•-` $( r ,/^ ,I Inactive Pump Station t c` x- x N rn �•. }t � ��„*'. F ' .•n F rl ., )� ♦ j ",:y`;Ff �.+ .ti -._�.. t xi ( k,(t 4 5�°- NaCtive RRSeroolf we04• 1 ;,,' PnmP station y r r--S• ML Ycew Reservav -. g �Reservoir { v ,r} l.-.m•a._,.a a� l t .� �• fib+ ._-.._.` .., t , —Pipeline -Mt Yr PS . r -•Streets 55 F �Yr^ty' 777i ,r M� • r ���!YniSr�arn r.'-r'I r€ ` r � I Shel[on Vr an Growth Area Se rvce Area g f 011 " Parcels y v. r NI t Sc Idol .F.CapBot FSO - 1- Reservar 0311MGJ �t ._2BP5 _I _. - yyater addles .. ar..rnrr.r.yrvlr.r'. ,'<' �`R ' y Pressure2a>te -v . F . c ' -G "tot Udl Ao esfde BPS J 'Reseivar,(0]2 MO)' !Angteslde lane ., '`�ti P-:•�. r .. Do2* "'" is caplmlHm Zane !r ('F2 Y $i'ti t...' F r l .Y F3 Fr rta Y �.. '• I High School Zone Mountain View lone ,. AnSlesldelReurvob gP9PM3 "3!'�m j:a �,` �., v . . g agpr•� t'c . x Upper Mountaln View Zane _ E iWe Reservoir I L -��(a 50 MGJ '�'�r_ \e .•rYYX��} d,,, � ¢rx Y �'.I . ;;����� Miles • • ' ,,r� r�PL r F f' r x .. "4vn 0 0.25 0.5 `i 4 s - �/ 4 r,'r LbtnSounesrG{YplShehon. All i iA} rrl� 41( { fia`"af4 r Frw wlylJmAtnuSWoe tepRa[ '( r r" Sa. '•+ :r N.tvraleesevr." �.y�I�hwe\rnrI� pt' ' /�, h F M1"wx'fir' "' J hr�f' �ly'W •#�� ptWAimtrxFl0.axrpFh�ra+,in{I'u avxrm vvxcr 8.' •r rO1 A1'�� 4'�f/5d a^Y A � I Nor.erefor Plennine Purpm and r"'I" P yyai; wr rcpreseenappmaima{elocrkans. x._ �auor I F�InadmjarvUnrs.rvtyaa• (. ,: L. IFaOl impaed. I f 4c Figure E5.8 Capital ImproVer 1m.:5i:•vrwd.rrmrtr sr,xuxa Pn.fR6•Px•Fsri Gmm�o.Iona.[uoly;Poc,nnex(.rq,rrnA'•'A;slidt_nanF6gAeultxula7G15/Fia5.5.Hyrharcllns.ir.LLacnittrvmrtl i i ECEIV.E OCT 2 4 2024 WASHINGTON STATE LIQUOR AND CANNABIS BOARD - LICENSE SERVICES 1025 UNION AVE SE - P O Box 43075 IBY Olympia WA 98504-3075 specialoccasions@lcb.wa.gov Fax: 360-753-2710 TO: MASON COUNTY COMMISSIONERS OCTOBER 23, 2024 SPECIAL OCCASION #: 090131 Commissioner , an NeatherlIn. MASON GENERAL HOSPITAL FOUNDATION Sh aron Trask, Kevin Shutty. Mark 2505 OLYMPIC HWY N, SUITE 170 Neary and McKenzie Smith SHELTON, WA 98584 Liquor Board DATE: NOVEMBER 16, 2024 TIME: 3 PM TO MIDNIGHT PLACE: LITTLE CREEK CASINO RESORT - 91 WEST STATE ROUTE 108, SHELTON CONTACT: AVERY JONES (DOB: 4.16.1997) 3604273623 SPECIAL OCCASION LICENSES * _Licenses to sell beer on a specified date for consumption at a specific place. * _License to sell wine on a specific date for consumption at a specific place. * _Beer/Wine/Spirits in unopened bottle or package in limited quantity for off premise consumption. * _Spirituous liquor by the individual glass for consumption at a specific place. If return of this notice is not received in this office within 20 days from the above date, we will assume you have no objections to the issuance of the license. If additional time is required please advise. 1. Do you approve of applicant? YES_ NO 2. Do you approve of location? YES_ NO 3. If you disapprove and the Board contemplates issuing a license, do you want a hearing before final action is taken? YES_ NO_ OPTIONAL CHECK LIST EXPLANATION _YES_ NO LAW ENFORCEMENT YES NO_ HEALTH & SANITATION YES_ NO FIRE, BUILDING, ZONING YES NO OTHER: YES_ NO If you have indicated disapproval of the applicant, location or both, please submit a statement of all facts upon which such objections are based. DATE SIGNATURE OF MAYOR, CITY MANAGER, COUNTY COMMISSIONERS OR DESIGNEE Washington Stale Liquor and Cannabis Board NOTICE OF CANNABIS LICENSE APPLICATION ro'COT R '4�' WASHINGTON STATE LIQUORAND CANNABIS BOARD Commissioner Randy Neatherlin, License Division - P.O. Box 43098 SharonTrask, KevinShutty. Mark Olympia,WA98504-3098 2 9 2024 Customer Service: (360) 664-1600 Neale a. McKenzie Smith Fax: (360) 753-2710 � Cannai7lS i30ard _ Websile: http://lcb.wa.gov RETURN TO: localauthority@sp.lcb.wa.gov TO:MASON COUNTY COMMISSIONERS DATE:10/29/24 RE:ASSUMPTION APPLICANTS: From CM1 LLC Dba CM1 LLC GOLDCAST LLC ZHU,YAPING License: 413665 -7B County:23 1991-06-22 U B I:605-574-661-0 01-0001 Tradename:GOLDCAST LLC Lee Addr: 190 W PINE ACRES WAY SHELTON,WA 98584-8965 Mail Addr: 1455 VISTA DR PUYALLUP,WA 98372-5102 Phone No.: 781-363-1245 YAPING ZHU Privileges Applied For: CANNABIS PRODUCER TIER 2 CANNABIS PROCESSOR As required by RCW 69.50.331(7), the Liquor and Cannabis Board is notifying you that the above has applied for a cannabis license. You have 20 days from the date of this notice to give your input on this application. If we do not receive this notice back within 20 days,we will assume you have no objection to the issuance of the license. If you need additional time to respond,you must submit a written request for an extension of up to 20 days,with the reason(s)you need more time. If you need information on SSN, contact our Cannabis CHRI desk at(360) 664-1704. Y s NO 1.Do you approve of applicant? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ 2.Do you approve of location? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ 3.If you disapprove and the Board contemplates issuing a license,do you wish to request an adjudicative hearing before final action is taken? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ (See WAC 314-09-060 for information about this process) 4.If you disapprove,per RCW 69.50.331(7)you MUST attach a letter to the Board detailing the reason(s)for the objection and a statement of all facts on which your objection(s) are based. DATE SIGNATURE OF MAYORCITY MANAGERCOUNTY COMMISSIONERS OR DESIGNEE Entry#: 10- Planning Advisory Commission (PAC) Status: Submitted Submitted: 10/21/202411:30 AM Commissioner Randy Neather(in, Advisory Board Name: Sharon Trask, Kevin Shutty3Mark Planning Advisory Commission (PAC) Neary and MCKehZle Smith � .sI . Name: OCT 2 3 2024 Today's Date: Bob Wilkerson 10/21/2024 BY• Address Voting Precinct: Phone Email ( Community Service: Employment: Current member and chair of the Planning Advisory Am retired. Commision. What do you perceive is the role or purpose of this advisory board? The PAC provides the Board of County Commissioners with a screening function and recommendation for various administrative actions such as obtaining and reviewing public inputs,review of new/revised ordinance text,zoning requests, county and state mandated plans.. What interest or skills do you wish to offer this advisory board? I wish to continue the work on the PAC i have been performing since my initial appointment by the Board of County Commissioners in July, 2021. List any financial,professional,or voluntary affiliations that could create a potential conflict of interest: None Required Training: Yes or No: Participation is dependent on attending certain trainings such as the Open Public Meetings Act(OPMA) Yes and Public Records Act(PRA)trainings at no cost to you. Will you be able to attend such trainings? How much time can you commit to Are you a U.S.citizen and *For Civil Service applications ONLY,what this advisory board: Mason County resident7 is your political party? Daily Yes Entry#: 11 -Lewis-Mason-Thurston Area Agency on Aging (LMTAAA) Status: Submitted Submitted: 10/25/2024 9:13 AM f) Advisory Board Name: Lewis-Mason-Thurston Area Agency on Aging (LMTAAA) Name: Today's Date: Joel (Glenn) Harper 10/25/2024 Address Voting Precinct: Phone Email ( Community Service: Employment: VP Washington State Senior Lobby,6 prior years on LMTAAA Aging and end of life caregiver 5 years Advicory Council,former board member Mason County Senior Activities Center, Founder/President of the Elderhood Senior Alliance https://www.elderhoodsenioralliance.org/ What do you perceive is the role or purpose of this advisory board? To learn about resources available for seniors and aduds with disabilities in Mason County and share that information with the community. In addition,to bring concerns specific to Mason County residents to the attention of the LMTAAA so they may factor addressing these needs into their services offered and their Area Plan,updated every four years. What interest or skills do you wish to offer this advisory board? I have lots of experience in the fields of aging and end of life. List any financial, professional,or voluntary affiliations that could create a potential conflict of interest: None that I know of. Required Training: Yes or No: Participation is dependent on attending certain trainings such as the Open Public Meetings Act(OPMA) Yes and Public Records Act(PRA)trainings at no cost to you. Will you be able to attend such trainings? How much time can you commit to Are you a U.S.citizen and *For Civil Service applications ONLY,what this advisory board: Mason County resident? is your political party? Monthly Yes eceww Department of Levy Certification OCT z 5 2024 Revenue tyla6-0,Vcaa tfy Washington State Submit this document to the county legislative authority on or before November 30 of the year preceding the year in which the levy amounts are to be collected and forward a copy to the assessor. In accordance with RCW 84.52.020,I Peery VanBuskirk , (Name) President for Mason County Public Hospital District#2 do hereby certify to (Tide) (District Name) the Mason County legislative authority that the Commissioners (Name of County) (Commissioners,Council,Board,etc.) of said district request that the following levy amounts be collected in 2025 as provided in the district's (Year of Collection) budget,which was adopted following a public hearing held on October 22.2024 (Date of Public Hearing) Regular Levy: $411.765.00 (State the total dollar amount to be levied) Excess Levy: 50.00 (State the total dollar amount to be levied) Refund Levy: IQ& (State the total dollar amount to be levied) Total Levy: S411.765.00 (State the total dollar amount to be levied) Signature: Date: October 22 . 2024 To ask about the availability of this publication in an alternate format for the visually impaired,please call(360)705-6715. Teletype(TTY)users,please call(360)705-6718. For tax assistance,call(360)534-1400 REV 64 0100e(w)(2/21/12) EGEI` E OCT 2 8 2024 BY October 19, 2024 Sharon Trask Commissioner Randy Neatherlin, Coup Commissioner District 3 Sharon Trask, Kevin Shutty. Mark County Neary and McKenzie Smith 411 North 5th Street LOr SWQ f►Su h Shelton, WA 98584 _ RE: Mason County Public Works Road Operation Dear Sharon Trask, I, Christine Perry, reside at 12741 NE North Shore Road, Belfair, WA 98528, am writing to request Mason County Public Works Road Operation to remove overgrowth and tree debris from the culvert of the properties at 12651, 12671, 126817 12711 and 12741 NE North Shore Road, Belfair, WA 98528. If the overgrowth and tree debris is not cleared this may cause more damage to the above listed properties if not resolved. The rationale for this request is to prevent stormwater runoff, which is a threat to flooding, erosion and property damage. By this letter consider Mason County on notice and could likely be accountable for any property damage that resulted in lack of action. I am available to provide additional information regarding this request. Thank you for your attention regarding this request for county services from Mason County Public Works Road Operation, Christine G Perry (U/ 12741 NE North Shore Road Belfair, WA 98528-8731 cc: Peter Bautista, Mason County Storm Water Program cc: Randy Neatherlin, County Commissioner District 1 cc: Kevin Shutty, County Commissioner District 2 cc: McKenzie Smith, Clerk,of the Board, Mason County v x ry oj� q7 1, A IC42 It. A J OWnC P Cry C7.2 TA, r G Uf 7 CC! —j r 0 7; 012 TOPICS A 7 LY M Z,, ly jpQV , ;I C TV TO 2- AM' ! AT P -41 c c Zpn mc. r�UJ T vr M 10 1 01", T- JZ oil M T Habitat® We build strength,stability,self-reliance and shelter for Humanity of Mason County October 24, 2024 Dear Community Supporters, I hope this message finds you well. My name is Melissa Moore, I am the Executive Director at Habitat for Humanity of Mason County. I am reaching out to invite you to a significant event that embodies the spirit of our community and the transformative power of collaboration. We are excited to announce the groundbreaking ceremony for the Destiny Bosworth and Sarah Pippins families' new homes,which will take place on November 711,2:OOpm at 190& 200 Panorama Drive.This ceremony marks a pivotal moment not only for these families but for our entire community, as we come together to build homes, hope, and a brighter future. We are immensely grateful for your ongoing support, which makes our work possible. Together, we are making a difference, and your participation on this important day will show our collective strength and dedication. Community involvement is at the heart of our mission. It is your unwavering support that empowers us to continue our work of providing affordable housing and creating thriving neighborhoods. Your presence at the groundbreaking ceremony will not only honor the families we are serving but also demonstrate our collective commitment to fostering a supportive and inclusive community. We encourage you to join us for this momentous occasion as we celebrate the beginning of a new chapter for the Bosworth and Pippins families. Together, we can inspire hope and provide the foundation for lasting change. T_han_k you_for y_ouLongoing support o-LHabitat for Humanity and_the families we serve. We look forward to seeing you at the ceremony and working alongside you to build a better community for all. Warm regards, Scan QR Code to ir Import ContactM.. , Infof ormation Melissa Moore Executive Director Habitat for Humanity of Mason County 21 1826 Olympic Hwy North I P.O.Box 1549 1 Shelton,WA 98584 Phone: (360)426-8134 1 Email: inzo@habitatmasonwa.org I Website:habitatmasonwa.org �ASpN CpU��� NEWS RELEASE November 5, 2024 MASON COUNTY COMMISSIONERS' OFFICE 1854 411 N 5TH ST, BLDG 1, SHELTON,WA 98584 TO: KMAS, KRXY, SHELTON-MASON COUNTY JOURNAL, THE OLYMPIAN, SHELTON CHAMBER OF COMMERCE,NORTH MASON CHAMBER OF COMMERCE, CITY OF SHELTON, ECONOMIC DEVELOPMENT COUNCIL, THE SUN RE: Mason County Clean Water District Annual Water Quality Report Mason County Public Health and Human Services has published our Annual Water Quality Report for the period of July 1st, 2023 through June 30t'', 2024. This report describes the work of Clean Water District staff, surface water quality monitoring data, and changes in shellfish growing area classifications for the portions of Mason County that flow into Hood Canal and South Puget Sound. The report can be found at: https://masoncountywa.gov/forms/Env_Health/2024-water-quality- report.pdf You can also view our interactive ambient monitoring webmap at: https:Hstorymaps.arcgis.com/stories/6cdb7910225b41 ecacd29f6e 10a7e41 e This webmap is updated monthly and shows bacterial sample results for 33 rivers and streams in the District. For more information or questions please call our office at 360-427-9670 ext. 400 or email EnvironmentalHealthDept&masoncountywa.gov BOARD OF MASON COUNTY COMMISSIONERS Randy Neatherlin, Kevin Shutty, Sharon Trask, Chair Vice Chair Commissioner MASON COUNTY Public Health & Human Services 2024 Water Quality eport July 2023-June 2024 Mason County Clean Water District Vladimir Nekrutenko, RS Mason County Environmental Health Overview The Mason County Clean Water District (CWD), established in 2021, is a shellfish _ _ _ _ protection district defined by the I Z_ boundaries of the Hood Canal, Oakland Bay, Case Inlet, and Totten/Little Skookum watersheds in Mason County. With guidance from the CWD Advisory Hood Canal Committee, Mason County Environmental Health staff carry out a variety of tasks throughout the year in order to monitor i Case and improve water quality within the Inlet district, including: • Year-round ambient monitoring of Oakland Bay 33 rivers and streams • Shoreline surveys in sensitive Totten shellfish growing areas, including ittle Sk um Oakland Bay and Annas Bay I _ _ _ _ _ _ _ _ • Door-to-door water quality surveys of properties with unmaintained or deficient onsite septic systems located near surface water Clean Water District,/ • Quarterly CWD Advisory Committee watershed boundaries meetings, and other collaboration with our local water quality partners I_ _ J Mason County border • Many smaller, investigative sampling projects scattered throughout the year Ambient Monitoring Program Mason County Environmental Health staff collect monthly coliform bacteria samples from 33 different rivers and streams located throughout the county. Over the next few years, we hope to generate a robust set of water quality data that can be used to identify seasonal trends and catch bacteria hotspots as they appear. 21Page Ambient Monitoring V,,,VjdW,,c Results H&Wna Kwrvnd F4VW • t, Geef� • r� 1 Many of the streams with lower grades Av(xk� - - - - - -- - - - 41, ; flow through/out of some of the most r ' populous parts of the county. Sources EageCra* • of coliform bacteria pollution in these „ • areas include improperly maintained �" De�� , septic systems, pet/livestock waste, and LAt*"2WMC * De•ee.. untreated stormwater runoff from F" � G. impervious surfaces. Through this = StwnwnGeer OTrebErd Cleo monitoring program, we are W,G.f • � .� � able to detect, track down, and address CM* many of these pollution sources as they , � arise. Cie* Alil:" PAW <20 <140 <30 <170 j <40 <200 �•' <100 <350 <200 <500 c,arer�►p�. .. Den Ge� 2 200 2 500 A"&Ge* ►wmwr 6i `Grades green through orange meet state standards for � coliform bacteria. Grades of red or brown fail to meet state standards and need improvement. �„,�,,,q,�, It �""°'CIO* �� lrxk?Jm Click here to view a map with up-to- ';� date graphs of month-to-month water. , quality data. Ebm Gael • I • sxrde sloe Click here to view PDFs of raw ►•ter�� > . ambient monitoring data, including data on temperature, pH, dissolved -- N oxy eg_n, and turbidity. r A 31Page Shoreline Surveys Three shoreline surveys were conducted in the 2023 wet season, and two shoreline surveys were conducted in the 2024 dry season. During a shoreline survey, county staff walks along a section of shoreline at low tide, locating and sampling every significant source of freshwater runoff found flowing onto the shore. This process is one of the most thorough and effective ways of detecting and correcting potential bacteria hotspots in sensitive areas. Presently, our shoreline survey efforts are focused on commercial shellfish growing areas that have been downgraded by the Washington State Department of Health, like those found in Oakland Bay, Annas Bay and North Bay. Going forward, we hope to continue to conduct both a wet season and a dry season survey of Oakland and Annas Bays each year. Oakland Bay Shoreline Survey While the area of Oakland Bay shown here is crucial to both commercial and t recreational shellfish harvesters, it is also highly susceptible to coliform bacteria : a pollution from a variety of sources, including improperly maintained septic systems, livestock, and pet waste. During October 2023 and June 2024, *�'• ;^ ~3.5 miles of shoreline was surveyed along Oakland Bay, and 26 different drainages were identified and sampled. ',e Across all samples, only two hotspot was » " identified, which were located on the north shore of Oakland Bay. The map to the right ,�. shows the areas of shoreline that were ` surveyed. 41 Annas Bay Shoreline Survey Annas Bay, like Oakland Bay, serves as an important growing area for commercial shellfish harvesters, but is also susceptible to coliform bacteria pollution from contaminated freshwater drainages. � In October 2023 and in June 2024, ~4.5 miles of shoreline was surveyed along the eastern shore of Annas Bay, and 20 drainages were identified and sampled. An additional 9 drainages were located and sampled along ~1.5 miles of the southern shore of the Skokomish River. •�, Two hotspots were identified during this �= survey, but a variety of potential pollution sources were monitored in this area 'x - throughout the year, including livestocks, n and deficient septic systems. i 51 North Bay Shoreline Survey Due to its history and recent water quality ' concerns Mason County Staff conducted a ; shoreline survey for North Bay in February 0. 2024. North Bay is located at the north end _ of Case Inlet in southern Puget Sound. Most of the development within the watershed is r along the marine shoreline and in the watersheds of Sherwood and Coulter Creeks. �.► The town of Allyn is located on North Bay's , west shoreline and is a home for many jr commercial and residential properties most of which are connected to public sewer. i r• In February 2024, ~0.8 miles of shoreline was surveyed along the western shore of North Bay within the Allyn city limits, and 9 drainages were identified and sampled. Eight hotspots were identified, and our staff continues to sample those drainages in h coordination with DOH Marine Sampling events of North Bay. In addition, we are currently anticipating a grant that will , provide us with funding to evaluate the �"- current sewer system and plan for infrastructure improvements. 61 Septic System and Water Quality Surveys Throughout the year, county staff visit dozens of properties located all over the CWD to assess potential water quality risk factors and offer guidance to homeowners. Properties located near surface water that have unmaintained, deficient, or failing septic systems make up the vast majority of properties surveyed. Properties with livestock, pets, and other coliform bacteria sources are also often assessed. Onsite Septic System (OSS) Surveys Mason County is home to over 26,000 onsite septic systems, many of which are located - - - - near surface water. From July 2023 through June 2024, county staff visited and assessed ' Z- a total of 391 properties with deficient septic systems located near streams and shorelines. Property owners were educated about the Hood Canal risk their systems pose to surface water I 86 surveys;6 repairs quality and were encouraged to get their systems inspected and repaired. Of the 391 Case properties surveyed, 58 property owners Inlet followed up later to report that their systems ; 118 s eys had been repaired. `1 3re airs i Oakland Bay i This map shows a breakdown of the number 186 Surveys;49 repairs of properties surveyed and the resulting Totten number of OSS repairs made in each ittle Sk um watershed within the district. 1 Survey; repairs 71Page Shellfish Growing Areas Updates The goal of the Mason County Clean Water District is to ensure clean water resources, • and to address non-point pollution sources affecting shellfish harvest areas. In the past 1 1 5 r•• �' year the district has seen classification 21 changes in 3 growing areas within the Clean Water District. �'' 1 On September 14, 2023, the Washington - 4 State Department of Health (DOH) downgraded the classification of 30.E acres of the Hood Canal 6 Shellfish Growing Area near the mouth of the Tahuya River from Approved to Prohibited. This zt classification change was made in response " to DOH marine monitoring station 217 failing to meet the National Shellfish Sanitation Program (NSSP) water quality �- 01 standards for Approved classification. • On September 14, 2023, DOH downgraded the classification of 14.1 acres of Hood Cx ' Canal 5 shellfish growing area near the mouth of Lilliwaup Creek from Approved to Conditionally Approved. The '� �' , _ ,= ' _ classification change was made in response Rr party to DOH marine monitoring station 186 failing to meet the NSSP water quality standards for Approved Classification. ti Growing Areas 14eets Approved Water Quality Approved Standard n Conditional ■ No Prohibited ■ Yes Restricted Unclassified 8 Page In February 2024 DOH upgraded the 11' classification of 73 acres of Oakland Bay shellfish growing area north of the City of -' Shelton Wastewater Treatment Plant from 41 Restricted to Conditionally Approved. The classification change was made due to improvement at the plant and increased holding capacity. �u Ao ` j '115 M • 24 Grov,ing Areas M-eets Approved Water Quality Approved Standard Conditional ■ No Prohibited ■ Yes Restricted Unclassified Other Projects County staff carried out a variety of brief water quality projects during the 2023/2024 water year, including: • Freshwater sampling events synchronized with DOH marine water sampling days. • Investigative sampling of high-risk drainages near shellfish harvest downgrade areas. • Bracket sampling to track down septic system failures and other sources of coliform bacteria pollution. • Outreach efforts in Tahuya and Lilliwaup Watersheds as part of Closure Response Plan implementation to upgrade those shellfish growing areas. 9 1 P a 9 e NEWS RELEASE cou November 5, 2024 MASON COUNTY COMMISSIONERS' OFFICE 411 N 5TH ST,BLDG 1, SHELTON,WA 98584 1854 r TO: KMAS, KRXY, SHELTON-MASON COUNTY JOURNAL, THE OLYMPIAN, SHELTON CHAMBER OF COMMERCE,NORTH MASON CHAMBER OF COMMERCE, CITY OF SHELTON, ECONOMIC DEVELOPMENT COUNCIL, THE SUN RE: 2025 Solid Waste Rate Increases Per Mason County Resolution No. 2022-27, disposal rates at all Mason County Transfer and Drop Box stations will increase by 3.1%beginning January 1,2025. As directed by Resolution No. 2022-27, fees will be increased each year by the amount of the August-to-August Consumer Price Index(CPI U)for the Seattle-Tacoma-Bellevue Area. This increase is to cover the annual cost increase experienced by the County to operate and maintain the Shelton,Hoodsport,Union, and Belfair transfer and drop box station locations. BOARD OF MASON COUNTY COMMISSIONERS Randy Neatherlin, Kevin Shutty, Sharon Trask, Chair Vice-Chair Commissioner Belfair, Hoodsport, Union Transfer Station 2025 Disposal Rates (Adjusted from 2024 rates based August to August Consumer Price Index (CPI) for the Seattle-Tacoma Bellevue Area of 3.1%) Solid Waste (Per Cubic Yard) $ 26.79 / CY Misc. large bulky items $ 26.79 / CY 1 Can/Bag (32 Gal) $ 7.07 2 Can/Bag (32 Gal) $ 14.10 3 Can/Bag (32 Gal) $ 16.26 4 Can/Bag (32 Gal) $ 18.32 5 Can/Bag (32 Gal) $ 21.19 6 Can/Bag (32 Gal) $ 23.31 Minimum Fee (Per Cubic Yard) $ 26.79 Tire with Rim $ 7.07 + Minimum Fee Tire without Rim $ 5.26 + Minimum Fee Each additional tire without Rim $ 4.24 Recyclable Scrap Metal $ 7.07 / 32 Gal Separated, clean yard $ 26.79 / CY or $7.07 per Can (32 Gal) Trimmings Auto Battery $ 2.74 Eel Is Hill Transfer Station 2025 Disposal Rates (Adjusted from 2024 rates based August to August Consumer Price Index (CPI) for the Seattle-Tacoma Bellevue Area of 3.1%) Solid Waste (Per Ton) $ 130.62 /TON Construction Debris $ 130.62 /TON 1 Can/Bag (32 Gal) $ 7.07 2 Can/Bag (32 Gal) $ 14.10 3 Can/Bag (32 Gal) $ 16.26 4 Can/Bag (32 Gal) $ 18.32 Minimum Fee (340 lbs.) $ 21.19 Tire with Rim $ 7.07 + Minimum Fee Tire without Rim $ 5.26 + Minimum Fee Misc. large bulky items $ 7.07 + Minimum Fee Appliance w/Refrigerant $ 14.10 + Minimum Fee Recyclable Scrap Metal $ 79.08 /TON Separated, clean yard $ 94.70 /TON Trimmings Auto Battery $ 2.74 �ASpN CpU��� NEWS RELEASE NOVEMBER 5, 2024 MASON COUNTY COMMISSIONERS' OFFICE 1854 411 N 5TH ST, BLDG 1, SHELTON,WA 98584 TO: KMAS, KRXY, SHELTON-MASON COUNTY JOURNAL, THE OLYMPIAN, SHELTON CHAMBER OF COMMERCE,NORTH MASON CHAMBER OF COMMERCE, CITY OF SHELTON, ECONOMIC DEVELOPMENT COUNCIL, THE SUN RE: Annual Mason County Heritage Grant—2025 Grant Cycle Open The Mason County Commissioners and the Mason County Historic Preservation Commission are pleased to announce the opening of the 2025 Heritage Grant cycle. On behalf of the Board of County Commissioners,the Mason County Historic Preservation Commission administers the annual Mason County Heritage Grant program to assist projects that promote the public's access to County history. The program is funded with a portion of document recording fees collected by the Mason County Auditor. The allocation of these fees for projects that "promote historical preservation or historical programs, which may include preservation of historic documents" is authorized under RCW 36.22.170. The revenues accrue to a dedicated fund and may not be used for any purpose other than those stipulated in the statute. For the 2025 grant cycle, a total of$20,000 is available. Grants in amounts up to $5,000 may be awarded to qualified organizations for professional development,public education, small capital projects, collections management, heritage investigations and historic preservation. This is a reimbursement grant with a six-month project period. Both the grant guidelines and the application can be found on the Mason County website: hgps://masoncollpIMa.gov/historic/heritage-grant.php. Proposals can be mailed or hand- delivered to the Mason County Historic Preservation Commission at 615 W Alder St, Shelton, WA 98584. Applications must be received by 12:OOPM on January 17, 2025. For questions, please contact Luke Viscusi at 360-427-9670 ext. 282 or by e-mail at HPC&masoncountywa.gov. BOARD OF MASON COUNTY COMMISSIONERS Randy Neatherlin, Kevin Shutty, Sharon Trask, Chair Commissioner Commissioner 5os Co ap NEWS RELEASE NOVEMBER 5, 2024 MASON COUNTY COMMISSIONERS' OFFICE 1854 411 N 5TH ST, BLDG 1, SHELTON,WA 98584 TO: KMAS, KRXY, SHELTON-MASON COUNTY JOURNAL, THE OLYMPIAN, SHELTON CHAMBER OF COMMERCE,NORTH MASON CHAMBER OF COMMERCE, CITY OF SHELTON, ECONOMIC DEVELOPMENT COUNCIL, THE SUN RE: RASOR ROAD IMPROVEMENT DISTRICT PUBLIC MEETING Mason County Public Works Department will be holding a Public Meeting to discuss the RID proposal for connecting the County road, Rasor Road West to the private section of Rasor Road East up to State Route 3. This meeting will be held on Wednesday, November 20, 2024 at the North Mason High School in the Commons located at 150 E North Mason High School Road Belfair, WA 98528. Meeting is scheduled to begin at 5:30 pm. The public is encouraged to come and participate in the interactive meeting. BOARD OF MASON COUNTY COMMISSIONERS Randy Neatherlin, Kevin Shutty, Sharon Trask, Chair Vice Chair Commissioner Public Meeting Notice Rasor Road Preliminary 4PO Road Improvement District (RID) Boundary The Mason County Public Works Department invites you to join us for a public meeting to discuss the RID proposal for connecting County Rasor Road West to the private section of Rasor Road, up to SR3. We encourage your participation in this interactive meeting! Your feedback is important. LN WHEN Wednesday, November 20, 2024 �� 0 `y" E 1 DY LN at 5:30pm "`" 0. P� u WHERE 0 Op D W ELIADT Ap m E BRIER LN 1 �; The Commons i C EBLA NERD `4'`� 0 at North Mason High School J o / ENEMINGWAT L.td w -- 150 E North Mason School Road Belfa i r, WA 98528 DER �P��P EIHONNE AD DR Take our survey! D:�� f , r Scan the QR code below to share your thoughts. (Lm �I 1 ECDZY RE ST LN We look forward to hearing E, We W I fromo u ! MUTER NRUSNLN Y t �HEIOH,S C G�" Z l\l Q ■ , ■ W • W I ® Up Y W W } J � ' J Legend •T EUgREDpRµ ERYI 0 Proposed RID Project ■ 0 _ ■ ■ , ° �Existing � � x`'p :° �W■Expansion T _�� Board of Mason County Commissioners Special Finance Meeting Agenda Commission Chambers 411 N 511 St, Shelton,WA 98584 y April 23, 2023 «�+ 1:00 P.M. 1. Call to Order—The Chairperson called the special meeting to order at 1:01 p.m. 2. County Finance Committee Balances Current Expense cash balance as of March 29,2024 was$25,804,027.12; last year$25,415,093.32. Total Reserves $7,900,000. Total cash and investments$260,829,797.85. 90-day T-Bill rate 5.37%. Outstanding County debt$16,549,334.80;remaining debt capacity$203,161,663. 3. Old Business a. Skokomish River Ecosystem Restoration Project Loretta Swanson shared that real estate acquisition continues. Construction award target date is February 2026,with construction beginning that summer. The County's share of the construction cost will be requested by the Army Corps of Engineers prior to February 2026. The County's share will come from a Department of Ecology grant administered by Mason Conservation District. The Corps and Ecology are discussing the possibility of a direct transfer from the grant to the Corps. This would eliminate the need for the County to secure a short-term loan. There still is no resolution on this topic. b. Belfair Wastewater System Loretta shared that substantial completion was issued and the Public Works Board project completion report submitted to lock in at.54%interest rate. Final Loan documents to be reviewed and approved. The anticipated loan amount is$2,787,844.39(less 5%loan forgiveness). More details will be provided later. 4. New Business a. Shetland Road RID(Road Improvement District) Loretta shared that citizens have petitioned to form a RID for Shetland Road. Public Works will bring forward a request to set a hearing date and resolution of intention to create the RID by the end of this month. If created,Public Works plans to make the improvements(estimated cost$365,000.000)this summer. Once completed,there is a second hearing certifying the actual cost and final assessment roll. The Road Fund can make the initial expenditure in 2024 as a short-term loan per County policy,but an outside loan needs to be secured in 2025. This loan will be repaid by the RID special assessment that would begin in 2025. Lisa commented that it will be difficult to get a loan for 10 years, internal County loans cannot be for more than 5 years. At this time,this is informational only and no recommendations are made. Loan options were discussed. Cmmr.Neatherlin requested an update on the Rasor Road RID and to possibly combine the two. Lisa added that it would be difficult to combine the RIDs as they must be billed separately. b. Overview of Registered Warrants by District and Year Lisa shared the Shelton School District has had no cash on hand since 2022, are"living"month to month on State funding,and are unable to build reserves. The School District is paying about 7%on 11 Special Finance Committee Meeting short term loans. There are concerns if the School District's revenues decrease. c. Port of Allyn Lisa added that, for the Port of Allyn,the amount being registered is small. With property taxes due this month,the Port should be able to redeem current outstanding warrants. 5. Adjournment—the meeting adjourned at 1:24 p.m. ATTEST: BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON Cami Olson,Clerk of the Board Randy Neatherlin,Chair Kevin Shutty,Vice-Chair Sharon Trask,Commissioner 2 1 April 23 , 2024 Finance Committee Meeting Board of Mason County Commissioners Special Finance Meeting Agenda Commission Chambers 411 N 511 St, Shelton,WA 98584 y October 21, 2024 «�+ 11:00 a.m. 1. Call to Order—The Chairperson called the special meeting to order at 11:00 a.m. 2. County Finance Committee Balances Current Expense cash balance as of September 30,2024 was$27,124,322.91; last year$28,296,767.15. Total reserves$7.9 million. Total cash and investments$270,797,722.46. 90-day T-Bill rate is 4.64%. 3. Old Business a. Skokomish River ecosystem restoration project Loretta Swanson shared this project is no longer being considered and will not need County funding. b. Belfair Wastewater System extension update Loretta shared the final loan amendment was approved September 24,2024 by the Commissioners and is now before the Public Works Board. The final amortization schedule will be available after the Public Works Board executes the final loan amendment. The final loan amount is$2,648,452.16 after a 5% loan forgiveness in the amount of$139,392.22. The interest rate on this twenty(20)year loan is 0.54%. c. Shetland Road,Road Improvement District(RID) Loretta shared the RID was created August 13,2024 contingent on a Determination of Non-Significance (DNS)issued August 15,2024. The easement conveyances are still underway,road work will not be completed until spring/early summer. The loan will be needed in late 2025 after the final assessment roll hearing. 4. New Business a. Annual review and approval of updated Investment Policy Lisa,no updates required every year. One revision stating Contracts,Promissory Notes,or Loans as set out in RCW 36.29.010(1)(d). Word registered warrants taken out of RCW,updating wording. Cmmr.Neatherlin/Auditor Duenkel moved and seconded to adopt the updated Investment Policy as submitted. Motion carried. b. Review and approval of updated County Held Contract/Promissory Note/Loan Policy Updated to remove word registered warrants and add updated contracts/promissory notes/loans per RCW 32.29.010. Added language from RCW. No guarantee funds are available. Internal processes needed updated,making the Warrant Contract/Promissory Note/Loan Investment procedures. Resolution will need approved by Board for this policy and procedures. Auditor Duenkel/Cmmr.Neatherlin moved and seconded to adopt the updated County Held 11 October 21 , 2024 Finance Committee Meeting Contract/Promissory Note/Loan Policy as provided. Motion carried. 5. Adjournment—the meeting adjourned at 10:37 a.m. ATTEST: BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON McKenzie Smith,Clerk of the Board Randy Neatherlin, Chair Kevin Shutty,Vice-Chair Sharon Trask,Commissioner 2 1 Special Finance Committee Meeting BOARD OF MASON COUNTY COMMISSIONERS'BRIEFING MINUTES Mason County Commission Chambers,411 North 5th Street,Shelton,WA Week of September 30,2024 Monday,September 30,2024 9:00 A.M. Executive Session—RCW 42.30.110(1)(i)Potential Litigation Commissioners Neatherlin,Shutty,and Trask met in executive session for potential litigation from 9:00 a.m.to 9:30 a.m. Michael Dorcy,Tim Whitehead,Steve Duenkel,Mark Neary, McKenzie Smith,Cami Olson,Leo Kim,and Jennifer Greenfield were also in attendance. 9:30 A.M. Closed Session—RCW 42.30.140(4)Labor Discussion Commissioners Neatherlin,Shutty,and Trask met in closed session for labor negotiation from rom 9:30 a.m.to 10:00 a.m. Mark Neary,Mary Ransier,Christopher Pinkston,Jennifer Greenfield,Cabot Dow,and Lindsey Smith were also in attendance. 10:00 A.M. Executive Session—RCW 42.30.110(1)(c)Real Estate Offer Commissioners Neatherlin,Shutty,and Trask met in executive session for discussion of a real estate offer from 10:00 a.m.to 10:30 a.m. Mark Neary and Jennifer Greenfield were also in attendance. 10:30 A.M. WSU Extension—Heidi Steinbach Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom. • Heidi shared the amendment to the Interagency Agreement with the Washington State Department of Agriculture and Mason County Noxious Weed Control Board to help fund the purchase of equipment and increased staff hours on knotweed control. Approved to move forward. 10:35 A.M. Indigent Defense& Sheriff's Office—Peter Jones&Jason Dracobly Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom. • Peter requested a 2024 budget amendment in the amount of$600,000 to cover contract cost increases. Approved to move forward. • Jason requested to move Salaries and Benefits to Operating in the amount of up to$1,000,000 leaving capacity to move an additional budget amount up to$50,000 until the end of 2024 and a budget amendment in the amount of$300,000 in the event the budget movement is not adequate to cover the Nisqually costs. Approved to move forward. 10:45 A.M. Community Development—Kell Rowen Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom. • Kell requested to close the permit center for an all-day all-staff training day on Thursday, October 31,2024. Approved to move forward. • Kell discussed the rezone request of 325 acres from Rural Residential 10(RR10)to Rural Residential 5(RR5)in the Belfair Urban Growth Area(UGA). Approved to move forward. • Marissa Watson shared the Capital Improvement Program(CIP)2025-2030 Appendix A of the Capital Facilities Element progress update. • Marissa discussed the 2025 Mason County Comprehensive Plan Periodic update. 11:05 A.M. Public Health—David Windom Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom. September 30,2024-Page I 1 • Melissa Casey provided an update on Community Lifeline and its reduced funding status. Erin Martinache,Community Lifeline,provided additional information and answered Commissioner questions. 11:20 A.M. Public Works—Loretta Swanson Utilities&Waste Management Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom. • Tina"Lovejoy"Schafer shared Road Vacation No.419 for Lot 15,in Block 1,in the Plat of Pirate's Cove,as recorded in Volume 5 of plats,page 30,as dedicated on May 9, 1960. Approved to move forward. • Mike Collins requested to convert the Central Stores Specialist job position to a Mechanic job position. Approved to move forward. • Mike shared the Private Line Occupancy(PLO)permit request from Todd Lucas for a proposed residential septic transport line underneath North Shore Road. Approved to move forward. • Mike discussed the Resolution updating the designation of County primitive roads. Approved to move forward. • Mike shared that the Shetland Road right of way has not been secured yet. Work on the road has been postponed to next year. 11:35 A.M. Support Services—Mark Neary Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom. • McKenzie Smith discussed updates to the Veterans'Advisory Board(VAB)Policy including general language updates and assistance changes. Approved to move forward. • McKenzie shared Nicole Gonzalez-Timmons application to the Timberland Regional Library Board of Trustees to fill an unexpired term ending December 31,2031. • John Taylor discussed the expired lease agreement with the Department of Natural Resources (DNR)for Mason Lake County Parks Aquatic Lease#20-010218 and shared the Joint Aquatic Resources Permit Application(JARPA)Form that will be submitted to the DNR. Approved to move forward. • John shared that a park host is needed for Mason County Recreation Area(MCRA). Approved to move forward. • Mark shared the letter of support for Public Utility District No.3's applications for the Energy Programs in Communities(EPIC)grant through the Washington State Department of Commerce to upgrade the Pioneer substation which serves the Pioneer School District, Shorecrest,Agate,Timberlakes, Spencer Lake,Phillips Lake,Harstine Island and other communities. Approved to move forward. • Mark discussed the bid results for Building 10 remodel. 11:55 A.M. Break 12:05 P.M. Review of 2024/2025 Projects and Priorities—Community Development Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom. • Kell discussed and provided updates on quarterly reports,the scanning project,long-range planning, short-term rentals,the 2024-2025 Comprehensive Plan,2021 IBC code,the Land Division Planner position,code enforcement, SmartGov,the Permit Assistance Center,and the Building Official position. 12:35 P.M. Review of 2024/2025 Projects and Priorities—Public Health Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom. September 30,2024-Page 12 • Melissa shared the logic model and work plan for the following activities:recruit baseline caseload of 500 Women,Infant,and Children(WIC)clients and expand services;expand Mobile Outreach to include syringe exchange and clinical services;update and implement subcontract monitoring and risk assessment policies and procedures;promote immunizations to improve childhood vaccination rates;coordinate Request for Proposals(RFP)to fill gaps in behavioral health services;identify and develop key performance indicators for all programs; and conduct quantitative and qualitative analysis of program deliverables and outcomes to measure impact of interventions and program activities. • Dave shared the logic model and work plan for the following Environmental Health activities: full online permitting services for all permit types;full online sewage contractor licenses; train new hires within six months of hire;revise and amend County Code 6.64 for Group B Water System Regulations;implement new food program inspection software;revise and amend County Code 6.68 for Water Adequacy regulations;amend County Code to allow abatement of solid waste;provide incentives for staff to attain RS/REHS;revise County Code Title 6;increase number of solid waste facilities inspected;create and fill new Assistant Environmental Health Manager position;Clean Water District(CWD)bylaws approved; establish schedule of regular field days;implement paperless process for filing Environmental Health land records;establish updated Standard Operating Procedures(SOP)for water quality program;write closure response plan for Hood Canal no. 5 and 6;revise County Code 6.72 Solid Waste;research rabies clinic;and investigate and implement solutions to code enforcement challenges. Tuesday,October 1,2024 9:00 A.M. Overview of 2024 Budget—Jennifer Beierle Commissioners Neatherlin,Shutty,and Trask were in attendance. • Jennifer shared the Beginning Fund Balance at$26.5 million;total projected General Fund revenue$43,978,994; salaries and benefits$36,310,925;operating$18,063,700;expenditures $53,374,625;total from Ending Fund Balance$10,395,631; and full-time employees(FTEs) 287.62. Policy Level Requests(PLRs)$3,618,403. Special Fund Beginning Fund Balance $55,693,123;revenue$112,562,014;salaries and benefits$16,085,776;operating without salaries and benefits$96,476,238;and expenditures$112,462,014. 9:10 A.M. Support Services—Mark Neary Commissioners Neatherlin,Shutty,and Trask were in attendance. • Emergency Management o Overtime for training courses,exercises,and night meetings$3,800. • Human Resources 0 Overtime for non-exempt employees$5,000. o Travel and training$16,500. • Parks and Trails 0 1 FTE Maintenance II position$80,010. o Extra help$13,245. o Tractor and UTVs$51,500. 9:25 A.M. Public Works—Loretta Swanson Commissioners Neatherlin,Shutty,and Trask were in attendance. • County Road o Capital machinery and equipment:two F550s with snow package,paint striping machine, and two F250s$761,000. September 30,2024-Page 13 o Land improvements: County shop planning,satellite maintenance yard,asset replacement,and equipment storage shed$270,000. o Capital software:mobile shelving unit,conference audio/visual system,and HVAC repairs$235,000. • Mason County Landfill o Minor facility improvements:transfer station booth upgrades,Eells Hill transfer station improvements,and Belfair transfer station improvements$415,000. o Capital machinery and equipment:planned equipment replacement$724,000. • North Bay Sewer o Minor facility improvements: general sewer plan updates,Victor Creek main replacement,DO and TSS probe replacement,control screen replacement,and programming upgrade$520,000. o Incoming revenue for Department of Commerce"Rochester"grant$192,500. • Rustlewood o Professional services: facility plan updates$120,000. o Water system upgrades and facility plan,water study and outfall repairs,other grant funding$425,000. o Transfer in from the General Fund$100,000. o Water system grant funding$420,00. • Beards Cove o Water meter installations AC pipe replacement$100,000. o Hydrant replacement$62,500. o Miscellaneous other revenue for intersection improvement grant$99,910. • Belfair Sewer o Loan principle$162,256. o Loan interest$13,143. o Capital building improvement$860,000. o Architecture and engineering$200,000. o Belfair sewer extension to PSIC$1,615,000. o Miscellaneous revenue for insurance reimbursement$455,000. o Transfer in for American Rescue Plan Act(ARPA)$175,000. • Equipment Rental and Revolving o Capital machinery and equipment$170,000. 9:55 A.M. Sheriff's Office—Sheriff Spurling&Undersheriff Adams Commissioners Neatherlin,Shutty,and Trask were in attendance. • Sheriff's Office o Civil Service Deputy position$121,275. o Pro ACT Sargeant position$155,100. o Admin Lieutenant position$129,360. o Patrol overtime$173,000. o Holiday patrol overtime$70,000. o Motor Pool lease$36,000. o Overtime$3,000. o Capital equipment for storage building for evidence yard/SWAT $50,000. o Motor Pool capital upfit for three white fleet vehicles(WFV)$30,000. o Transport Sargeant position$115,889. o Holiday overtime$20,000. o Professional services for Nisqually$1,190,000. Respectfully submitted, September 30,2024-Page 4 McKenzie Smith, Clerk of the Board BOARD OF MASON COUNTY COMMISSIONERS Randy Neatherlin, Kevin Shutty, Sharon Trask, Chair Vice-Chair Commission September 30,2024-Page 15 BOARD OF MASON COUNTY COMMISSIONERS'BRIEFING MINUTES Mason County Commission Chambers,411 North 5th Street,Shelton,WA Week of October 7,2024 Monday,October 7,2024 9:00 A.M. Executive Session—RCW 42.30.110(1)(i)Potential Litigation Commissioners Neatherlin,Shutty,and Trask met in executive session for potential litigation from 9:00 a.m.to 9:30 a.m. Michael Dorcy,Tim Whitehead,Steve Duenkel,Mark Neary, McKenzie Smith,Cami Olson,and Leo Kim and were also in attendance. 9:30 A.M. Closed Session—RCW 42.30.140(4)Labor Discussion Commissioners Neatherlin,Shutty,and Trask met in closed session for labor negotiation from rom 9:30 a.m.to 10:00 a.m. Mark Neary,Mary Ransier,Christopher Pinkston,Cabot Dow, and Lindsey Smith were also in attendance. 10:00 A.M. Public Works—Loretta Swanson Utilities&Waste Management Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom. • Tina"Lovejoy"Schaefer shared the request from Northwest Pipeline LLC for a 20-foot permanent easement and 20-foot temporary easement adjacent to and along Cloquallum Road on parcel no.41901-12-60000 for installation of a conventional impressed current cathodic protection system. Approved to move forward. • Richard Dickinson provided a status report on Rustlewood and Beard's Cove water system metered rates. Beards Cove and Rustlewood tier notices were shared. 10:20 A.M. Support Services—Mark Neary Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom. • McKenzie Smith presented the news release recognizing 26 Mason County employees for years of service. Approved to move forward. • Nichole Wilston shared the Washington Counties Risk Pool's(WCRP)optional$5 million excess of$20 million policy that puts Mason County's liability program coverage at$25 million for October 1,2024 through January 1,2026. Approved to move forward. • Diane Zoren discussed Parks and Trails Advisory Board membership and the request to remove Dennis Hamilton from the Board. Approved to move forward. • Diane shared the request to replace the Walker Park caretaker's roof due to structural damage caused by a large tree limb. Approved to move forward. Tuesday,October 8,2024 10:00 A.M. Superior Court—Judge Cobb&Paddy McGuire Commissioners Neatherlin,Shutty,and Trask were in attendance. • Juvenile Court o Two .5 FTE to replace current on-call staff$46,576 each. o Extra help adjustment with new.5 FTE positions$(53,000). o Minor equipment to replace dilapidated cabinetry$48,000. • Superior Court o Miscellaneous Court Commissioner hourly increase from$90 to$95 an hour$2,571. o ITA Court Commissioner at 16 hours per month at$95 an hour$21,557. o Two-year pilot program Domestic Status Conference Commissioner$7,087. o Bailiff hourly increase from$20 to$21 an hour$1,297. o Equipment/furniture for lower level two replacement$68,500. October 7,2024 -Page I 1 10:20 A.M. Auditor's Office—Steve Duenkel Commissioners Neatherlin,Shutty,and Trask were in attendance. • Auditor o Chief Deputy Auditor to replace Elections Administrator position$128,903. 0 1 FTE Financial Services Officer$102,445 o Equipment and supplies for Financial Services Officer position$2,455. o Extra help wage increase$3,258. o Overtime for additional staff$1,400. 10:40 A.M. Indigent Defense—Peter Jones Commissioners Neatherlin,Shutty,and Trask were in attendance. • Public Defense 0 1 FTE Attorney$110,007. 0 1 FTE Attorney$72,357. 0 Adult felony contract$208,800. o Adult felony investigator$66,330. 0 Adult misdemeanor contract$198,000. o Adult misdemeanor investigator$15,274. 10:45 A.M. Clerk—Charles Rhodes Commissioners Neatherlin,Shutty,and Trask were in attendance. • Clerk o Overtime due to new employee training$14,572. 10:55 A.M. Assessor's Office—Patti McLean Commissioners Neatherlin,Shutty,and Trask were in attendance. • Assessor o Overtime$5,000. 11:05 A.M. District Court—Judge Steele&Patsy Robinson Commissioners Neatherlin,Shutty,and Trask were in attendance. • District Court 0 1 FTE Deputy Administrator$123,169. o Overtime to implement new case management system$20,000. o IT trackable equipment for new case management system$30,000. o Trackable tools/equipment for furniture and equipment for Building 10 $100,000. Respectfully submitted, McKenzie Smith, Clerk of the Board BOARD OF MASON COUNTY COMMISSIONERS Randy Neatherlin, Kevin Shutty, Sharon Trask, Chair Vice-Chair Commission October 7,2024 -Page 12 BOARD OF MASON COUNTY COMMISSIONERS'BRIEFING MINUTES Mason County Commission Chambers,411 North 5th Street,Shelton,WA Week of October 14,2024 Monday,October 14,2024 9:00 A.M. Executive Session—RCW 42.30.110(1)(i)Potential Litigation Commissioners Neatherlin,Shutty,and Trask met in executive session for potential litigation from 9:00 a.m.to 9:30 a.m. Michael Dorcy,Tim Whitehead,Steve Duenkel,Mark Neary, McKenzie Smith,Cami Olson,and Leo Kim were also in attendance. 9:30 A.M. Closed Session—RCW 42.30.140(4)Labor Discussion Commissioners Neatherlin,Shutty,and Trask met in closed session for labor negotiation from 9:30 a.m.to 10:00 a.m. Tim Whitehead,Mark Neary,Mary Ransier,Christopher Pinkston, Cabot Dow,and Lindsey Smith were also in attendance. 10:00 A.M. Executive Session—RCW 42.30.110(1)(c)Real Estate Commissioners Neatherlin,Shutty,and Trask met in executive session for real estate from 10:00 a.m.to 10:30 a.m. Mark Ncary and Richard Beckman were also in attendance. 10:30 A.M. Timberland Regional Library(TRL)Board of Trustees Interview Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom. • Commissioners interviewed Nicole Gonzalez Timmons for the Timberland Regional Library (TRL)Board of Trustees. 10:40 A.M. BCRA—DJ Dean Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom. • Jim Wolch shared that BCRA was asked to do a development study on a Community Justice Center(CJC)which included an updated jail,behavioral and mental health,and substance use disorder services. A final buildout layout was shared. Jeff Lane added that a facility assessment was done on the current jail as well as staffing and shared a potential layout. Jim highlighted behavioral health and crisis stabilization options. Tasha Irvine discussed crisis services that are most needed. The total number of facility beds would be 16 with a daily cost per resident at$636. Jim added that jail expansion total project cost is an estimated at$28 million while jail replacement is estimated at$71 million. Construction for behavioral health is estimated at$18 million. 11:10 A.M. Auditor's Office—Steve Duenkel Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom. • Steve provided an update on the FY 2025 Information Security fund grant through the Office of the Secretary of State. 11:15 A.M. Public Health—David Windom Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom. • Melissa Casey discussed the Homeless Response System funding recommendations. The Housing and Behavioral Health Advisory Board made the following recommendations for the remaining$402,085: Crossroads Housing$112,000;Rental Assistance Fund$125,000;5- Year plan facilitation$125,000;and reserve$40,000. There was no recommended funding for New Horizons Communities,Community Action Council,or Shelton Family Center training program. Approved to move forward. 11:20 A.M. Public Works—Loretta Swanson October 14,2024-Page I 1 Utilities&Waste Management Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom. • Richard Dickinson discussed the Beard's Cove water valve-pipeline intersection replacement proj ect. • Loretta discussed Southside School District's request to discuss speeding on Collier Road and potential options to help determine appropriate measures around Arcadia Road,Collier Road, and Binns Swiger Loop Road. • Loretta discussed the City of Bremerton's request for an Interlocal Agreement for regional wastewater service for the Belfair Urban Growth Area(UGA)and the southern portion of the Puget Sound Industrial Area(PSIC). 11:50 A.M. Support Services—Mark Neary Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom. • Jennifer Beierle requested to set a Public Hearing for Monday,December 2,2024 at 9:00 a.m. to consider adopting the 2025 Budget. Approved to move forward. • Jennifer requested to set a Public Hearing for Tuesday,November 19,2024 at 9:15 a.m.to certify to the County Assessor the amount of taxes levied for Current Expense and County Road for 2025. An increase to the Current Expense and County Road property tax levies for 2025 may be considered. Approved to move forward. • Mark shared a request from Peninsula Services for a surplus land donation of parcels located at intersection of US 101 and SR 102. • Mark discussed the letter of support for Mason Conservation District's grant proposal for the Salmon Center Membrane Bioreactor Facility and Education. Approved to move forward. • Cmmr. Shutty shared the letter of support for the City of Shelton's application for funding from the Connecting Housing to Infrastructure Program(CHIP). Approved to move forward. Respectfully submitted, McKenzie Smith, Clerk of the Board BOARD OF MASON COUNTY COMMISSIONERS Randy Neatherlin, Kevin Shutty, Sharon Trask, Chair Vice-Chair Commission October 14,2024-Page 12 BOARD OF MASON COUNTY COMMISSIONERS'BRIEFING MINUTES Mason County Commission Chambers,411 North 5th Street,Shelton,WA Week of October 21,2024 Monday,October 21,2024 9:00 A.M. Closed Session—RCW 42.30.140(4)Labor Discussion Commissioners Neatherlin,Shutty,and Trask met in closed session for labor negotiation from 9:00 a.m.to 10:00 a.m. Mark Neary,Mary Ransier,Christopher Pinkston,Cabot Dow,and Lindsey Smith were also in attendance. 10:00 A.M. Community Development—Kell Rowen Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom. • Kell discussed the furniture,carpet,paint,and ceiling tile update in the Permit Center for an estimated cost of over$65,000. • Marissa Watson requested to set a Public Hearing for Tuesday,December 3,2024 at 9:15 a.m. for the Capital Improvement Program 2025-2030(Appendix A of the Capital Facilities Element). Approved to move forward. 10:10 A.M. Public Health—David Windom Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom. • Melissa Casey discussed the draft Ordinance regarding House Bill 1590 adopting Local Sales &Use Tax for affordable housing. • Ian Tracy shared the Mason County Clean Water District annual water quality report and news release. Approved to move forward. 10:20 A.M. Public Works—Loretta Swanson Utilities&Waste Management Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom. • Richard Dickinson shared the news release for 2025 solid waste rate increases for the Belfair, Eells Hill,Hoodsport,and Union transfer stations. Approved to move forward. • Tina"Lovejoy"Schaefer shared Road Vacation No.420 to vacate all portions of Wildwood, Bay,Brook,Canal,Park Streets,and Sixth Ave,lying within, and Fifth and Seventh Avenue, adjacent to,Resultant Parcel 1 of Boundary Line Agreement under Auditor's File 2132998 and 2132272. Approved to move forward. 10:45 A.M. Support Services—Mark Neary Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom. • Mary Ransier discussed adding hourly positions to the Non-Represented Salary Scale. Approved to move forward. • Jennifer Beierle presented the 2024 September financial report. Current Expense revenue $34,129,889 at 76%. Treasurer Department receipts$22,747,878 at 78%. Current Expense expenditure$34,467,852 at 65%. Six-year specific revenue streams: Community Development revenue$2,423,194;Detention and Correction services$9,762;Current Expense property tax$6,374,434;Road Diversion property tax$656,146;County Road property tax$6,398,209;Current Expense sales tax$6,374,434;Criminal Justice tax $1,535,575;Rural Sales and Use tax$873,107;Homelessness prevention filings$433,350; Lodging tax$837,108;and Real Estate Excise Tax(REET) 1 and 2$1,234,181 each. Total collected revenue$7,272,866.98;revenue budgeted$9.2 million;and projected end of year revenue$9,787,176.98. Current Expense cash$27,283,590. Special Fund cash$64,785,503. Motor Pool expenditure$1,104,372 at 57.05%. Special and Other Funds revenue October 21,2024-Page I 1 $44,635,242 at 71%. Special and Other Funds expenditure$38,099,530 at 51%. Total County debt$15,712,214 and remaining County debt capacity$203,161,663. • Jennifer shared the request to use Local Assistance and Trial Consistency Funds(LATCF)in the amount of$795,769.30 to help fund the remodel of building 10 and to pay for furniture and equipment that Superior Court needs. Approved to move forward. • John Taylor discussed the letter of support for Washington Department of Fish and Wildlife's water access program grant proposal for the redevelopment of the Spencer Lake water access area. Approved to move forward. • Mark shared the Washington State Association of Counties(WSAC)BEAD grant contract in the amount of$37,500. This would be split between Hood Canal Communications and Public Utility District No.3 for$18,750 each. Approved to move forward. Tuesday,October 22,2024 9:30 A.M. 2025 Budget Workshop—Jennifer Beierle Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom. • Jennifer shared beginning fund balance$26.5 million;revenue$70,478,994;salaries and benefits$36,325,067;operating$18,063,700;expenditures$70,478,994;budgeted FTEs 287.62. PLRs$3,702,903. • Assessor o Overtime,$5k. Maintenance. • Auditor o Chief Deputy Auditor$128,903. Tabled. 0 1 FTE Financial Services Officer$102,445. Change existing.5 FTE to 1 FTE for approx. $45k. Maintenance. o Equipment and supplies for Financial Services Officer position$2,455. Tabled. o Extra help wage increases$3,258. This needs to go through the Non-Rep Study. o Overtime for additional staff member$1,400. Denied. • Emergency Management o Overtime for projected training,exercises,and night meetings$3,800. Tabled. • Facilities o Professional services—panic buttons due to change in vendor$8,000. Maintenance. • Human Resources o Overtime for non-exempt employees$5,000. Tabled. o Human Resources travel$3,500. Tabled. o Human Resources training$5,000. Tabled. o Risk Management travel$7,500. Tabled. o Risk Management training$500. Tabled. • Clerk o Overtime training new employees$14,572. Tabled. • District Court 0 1 FTE Deputy Administrator$123,169. Denied,unless shadow position. o Overtime to implement new case management system$20,000. One-time item specific expense,maintenance. o IT trackable equipment for new case management system$30,000. 2024 expense from Trial Court Improvement. o Trackable tools/equipment for furniture and equipment for Building 10$100,000. Maintenance. • Community Development o Permit Assistance Center upgrades$65,000. Tabled. • Parks and Trails 0 1 FTE Maintenance II$80,010. Denied. October 21,2024-Page 12 o Extra help$13,245. Maintenance. o Capital equipment for tractor and UTVs$51,500. Maintenance. • Juvenile Court 0 .5 FTE$46,576. Maintenance. 0 .5 FTE$46,576. Maintenance. o Extra help adjustment with new.5 FTE positions$(53,000). Maintenance. o Minor equipment to replace dilapidated cabinetry$48,000. Maintenance. • Sheriff 0 1 FTE Civil Deputy$121,275. Tabled. 0 1 FTE Pro ACT Sergeant$155,100. Tabled. 0 1 FTE Administrative Lieutenant$129,360. Tabled. o Patrol overtime$173,000. Denied. o Patrol holiday overtime$70,000. Denied. o Motor pool lease for three white-fleet vehicles$36,000. Tabled. o Overtime$2,000. Denied. o Overtime$1,000. Denied. o Capital equipment for storage building for evidence yard$50,000. Maintenance. o Motor pool capital upfit for three white-fleet vehicles$30,000. Tabled. o Holiday overtime$3,000. Denied. o Transport Sergeant$115,889. Tabled. o Holiday overtime$20,000. Denied. o Professional services for Nisqually costs$1,190,000. Denied. • Public Defense 0 1 FTE Attorney$110,007. Tabled. 0 1 FTE Attorney$72,357. Tabled. o Adult felony contract$208,800. Maintenance. o Adult felony investigator$66,330. Maintenance. o Adult misdemeanor contract$198,000. Maintenance. o Adult misdemeanor investigator$15,274. Maintenance. • Superior Court 0 Miscellaneous Court Commissioner$2,571. Tabled. o ITA Court Commissioner$21,557. Tabled. o Two-year pilot program Domestic Status Conference Commissioner$7,087. Maintenance. o Bailiff pay increase$1,297. Tabled. o Equipment/furniture for lower level two replacement$68,500. Maintenance. • Transfer Out o Transfer from General Fund to Rustlewood$100,000. Maintenance. • County Road 0 Capital machinery and equipment two F550s,paint striping machine,two F250s $761,000. Maintenance. 0 Land improvements County Shop planning,satellite maintenance yards,asset replacement,and equipment storage shed$270,000. Maintenance,less asset replacement. o Capital software for mobile shelving unit,conference audio/visual system,HVAC repairs $235,000. Maintenance. • Elections Equipment o Machinery and equipment$36,000 revenue and expense. Tabled. • Trial Court Improvement o Capital equipment furniture for Building 10$95,000. Denied. • American Rescue Plan Act o Transfer out to Belfair Wastewater$175,000. Denied,planned for 2024. October 21,2024-Page 13 • Mason County Landfill o Minor facility improvements transfer station booth upgrades$415,000. Maintenance. o Capital machinery and equipment$724,000. Maintenance. • North Bay Sewer o Minor facility improvements$520,000. Maintenance. o Department of Commerce"Rochester"water and sewer upgrades grant$192,500 revenue. Maintenance. • Rustlewood Sewer and Water o Facility plan updates$120,000. Maintenance. o Water system plan$425,000. Maintenance. o Transfer in from General Fund$100,000. Maintenance. o Water system grant funding$420,000. Maintenance. • Beards Cove o Water meter installations AC pipe replacement$100,000. Maintenance. o Hydrant replacement$62,500. Maintenance. o Intersection improvement grant$99,910 revenue. Maintenance. • Belfair Sewer o Loan principle$162,256. Maintenance. o Loan interest$13,143. Maintenance. o Capital building improvements$860,000. Maintenance. o Architecture/engineering$200,000. Maintenance. o Belfair sewer extension to PSIC$1,615,000. Maintenance. o Insurance reimbursement$455,000 revenue. Maintenance. o Transfer in—ARPA. Denied,planned for 2024. • Equipment Rental and Revolving o Transfer in from ARPA$170,000. Maintenance. 2:00 P.M. Non-Represented Compensation Study Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom. • Alexandra Sheeks,Cabot Dow Associates,shared the 2024 Mason County Non- Represented Compensation Study Recommendations Overview presentation. Topics included comp study process:preliminary results update,market status,2022-2024 comparison,and comp study process:preliminary recommendations. Respectfully submitted, McKenzie Smith, Clerk of the Board BOARD OF MASON COUNTY COMMISSIONERS Randy Neatherlin, Kevin Shutty, Sharon Trask, Chair Vice-Chair Commission October 21,2024-Page 14 Board of Mason County Commissioners Proceedings Commission Chambers 411 N 51h St, Shelton, WA 98584 October 8, 2024 1. Call to Order—The Chairperson called the regular meeting to order at 9:02 a.m. 2. Pledge of Allegiance—Monte Ritter led the flag salute. 3. Roll Call—Present: Present: Commissioner District 1 —Randy Neatherlin; Commissioner District 2—Kevin Shutty; Commissioner District 3 —Sharon Trask. 4. Correspondence and Organizational Business 4.1 Correspondence 4.1.1 Nicole Gonzalez Timmons sent in an application for the Timberland Regional Library (TRL)Board of Trustees. 4.1.2 Plauche&Carr LLP sent Notice of Appearance for Friends of Oakland Bay vs. Mason County,Taylor Shellfish Farms. 5. Open Forum for Citizen Input Susan Kirchoff,Youth Connection, shared there are six offsite shelters for youth ages 12-24 years old as well as programs to prevent homelessness in Mason County. One of Youth Connections missions is to stop chronic homelessness. Studies show,that if assisted at an early age, it helps prevent chronic homelessness. The goal is safe inclusive space for youth to connect with services and resources. At the end of August,the count for homeless youth from the beginning of the year is 88. In 2023,there were 34,703 unaccompanied youth that were homeless. This number increased by 20%from 2022. Susan encouraged support for House Bill 1590. Monte Ritter, Shelton, shared that one of the most requested items for the Parks and Trails Comprehensive Plan was a trail from Mason County Recreation Area(MCRA)to Shelton High School as well as a trail from Shelton to Belfair. Monte requested this be added back to the Comprehensive Plan. 6. Adoption of Agenda Cmmr.Trask/Shutty moved and seconded to adopt the agenda as published. Motion carried unanimously. N-aye; S-aye; T-aye. 7. Approval of Minutes Cmmr.Shutty/Trask moved and seconded to adopt the September 9,September 16, and September 23,2024 Briefing Minutes and September 10 and September 24,2024 Regular Minutes as presented. Motion carried unanimously. N-aye; S-aye;T-aye. 8. Approval of Action Agenda 8.1 Approval of Warrants and Treasurer Electronic Remittances Claims Clearing Fund Warrant#8107718-8107987 $1,341,267.66 Direct Deposit Fund Warrant# 109912-110315 $ 930,675.61 Salary Clearing Fund Warrant#7008398-7008423 $ 628,446,40 Treasurer Electronic Remittance $ 191,510.19 8.2 Approval for the Clerk's Office to upgrade from the Next-Generation jury system to the Web- Generation jury system. 8.3 Approval of the Substance Use Mobile Outreach of Mason County Home Service Program expansion proposal. 8.4 Approval for Public Health to host an open house/ribbon cutting for Building 13 on Friday, October 11,2024. 8.5 Approval of the Lead Pay requests for Kathy Chausse,Community Development Program Support Technician;Genie McFarland,Community Development Senior Permit Specialist; Mariah Frazier,Community Development Office Specialist;Julie Cheney,Community Development Planner; Scott Ruedy,Community Development Senior Planner;and Joshua Luck,Community Development Building Inspector IV. 8.6 Approval of the Memorandum of Understanding(MOU)with Teamsters Local 252 Prosecuting Attorney Support Staff to address the Western Conference of Teamsters Pension Trust required language amendments. 8.7 Approval of the ABA Cleaning Services contract amendment for additional cleaning services and a two(2)year contract extension ending December 31,2026 for the total cost of$208,835. 8.8 Approval to grant Public Utility District No. 3 (PUD 3)with an easement for parcel no. 12221- 75-00110 for the purpose of installing a new power pole,as well as a tree trimming permit for any brush clearing needed to do so. 8.9 Approval for the Chair to sign the 2025 Take-Home Vehicle requests for Erin Tesch,Kelly Frazier,Jeremy Seymour,Grant Dishon,Rod LaRue,Roy Beierle,Pete Medcalf,and John Ronald. 8.10 Approval of the letters of request for Public Utility District No. 1's applications for the Energy Programs in Communities(EPIC)grant through the Washington State Department of Commerce for two grid resiliency projects—Seal Rock OH to URD line conversion and Jorstad Substation. 8.11 Approval of amendment no.2 to the Interagency Agreement no.K3547 between Washington State Department of Agriculture,Mason County,and Mason County Noxious Weed Control Board to transfer$4,000 from contracted services to supplies, equipment, and travel and salaries,wages,and benefits. 8.12 Approval of the movement of up to $1,000,000 in the 2024 Sheriffs Office budget from salaries and benefits to operating,leaving capacity to move an additional budget amount up to $50,000 until the end of 2024 per Resolution No.26-17;approval of a 2024 budget amendment of$300,000 in the Sheriff s Office to cover outsourcing costs to Nisqually; and approval of a 2024 budget amendment of$600,000 to the Office of Public Defense to cover contract cost increases. 8.13 Approval to set a Public Hearing for Tuesday,November 5,2024 at 9:15 a.m.to consider the rezone of 325 acres from Rural Residential 10(RR10)to Rural Residential 5 (RR5). 8.14 Approval of the Resolution setting a hearing date with the Hearings Examiner for Wednesday, November 20,2024 at 1:00 p.m.via Zoom to consider public comment on Road Vacation No. 419. (Exhibit A,Resolution No.2024-054) 8.15 Approval for Public Works to convert a Central Stores Specialist job position to a Mechanic job position. 8.16 Approval of the Private Line Occupancy(PLO)permit granting permission for the proposed septic transport line to cross under North Shore Road for address 11241 NE North Shore Road in Belfair for parcel no. 32224-50-00051 to parcel no. 32224-50-00005. 8.17 Approval of the Resolution designating certain low volume unpaved County access roads as primitive County roads. (Exhibit B,Resolution No.2024-055) 8.18 Approval of the Resolution amending the Mason County Veterans'Advisory Board(VAB) Operating Policy and Procedures per the recommendation of the Veterans'Advisory Board. (Exhibit C,Resolution No.2024-056) 8.19 Approval to submit the Joint Aquatic Resources Permit Application(JARPA)Form to the Department of Natural Resources(DNR)for aquatic use authorization on DNR-managed aquatic lands. 8.20 Approval of the letter of support for Public Utility District No. 3's application for the Energy Programs in Communities(EPIC)grant through the Washington State Department of 21October 8 , 2024 Commission Minutes Commerce to upgrade the Pioneer substation which serves the Pioneer School District, Shorecrest,Agate,Timberlakes, Spencer Lake,Phillips Lake,Harstine Island and other communities. 8.21 Approval of the Resolution increasing the Mason County Parks Field Use Rates by 3.1% beginning January 1,2025. (Exhibit D,Resolution No.2024-057) 8.22 Approval of the Walker Park Host agreement with Scott and Kris Hewitt from October 3,2024 through December 31,2026. 8.23 Approval of the Mason County Recreational Area(MCRA)Park Host agreement with Kerry and Lucia Goodwin from October 3,2024 through December 31,2026. 8.24 Approval to participate in Washington Counties Risk Pool's (WCRP)optional$S million excess of$20 million policy for October 1, 2024 through January 1, 2026 Cmmr.Shutty/Trask moved and seconded to approve action items 8.1 through 8.24. Motion carried unanimously. N-aye; S-aye; T-aye. 9. Other Business(Department Heads and Elected Officials) Steve Duenkel,Auditor,ballots go out today encourage all eligible citizens to vote. David Windom,Public Health Director,Friday 1:00 p.m.ribbon cutting for Public Health building. Partnership with Mason Health. 10. 9:15 a.m. Public Hearings and Items Set for a Certain Time Please see above options to provide public testimony. These options are available only while COVID-19 OPMA meeting restrictions are in place. No Public Hearings set for this time. 11. Board's Calendar and Reports—The Commissioners reported on meetings attended the past week and announced their upcoming weekly meetings. 12. Adjournment—The meeting adjourned at 9:28 a.m. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY,WASHINGTON McKenzie Smith, Clerk of the Board Randy Neatherlin, Chair Kevin Shutty,Vice-Chair Sharon Trask, Commissioner 31October 8 , 2024 Commission Minutes Board of Mason County Commissioners Proceedings Commission Chambers 411 N 51h St, Shelton, WA 98584 October 22, 2024 1. Call to Order—The Chairperson called the regular meeting to order at 9:00 a.m. 2. Pledge of Allegiance—Monte Ritter led the flag salute. 3. Roll Call—Present: Present: Commissioner District 1 —Randy Neatherlin; Commissioner District 2—Kevin Shutty; Commissioner District 3 —Sharon Trask. 4. Correspondence and Organizational Business 4.1 Correspondence 4.1.1 Wendy Smith,Executive Director for the Port of Shelton,sent in the Port of Shelton tax levy for 2025. 4.1.2 Advisory board applications were received from Dean Jewett for the Timberland Regional Library(TRL)Board of Trustees and the Historic Preservation Commission and from Jann Goodpaster for the Historic Preservation Commission. 4.1.3 Pierce County Planning and Public Works sent in the Pierce County Unified Sewer Plan update Determination of Significance(DS)and request for comments on scope of non- project environmental impact statement(EIS). 4.1.4 Paul Wieneke, Superintendent for Southside School District, sent in a letter regarding Collier Road. 4.1.5 Peninsula Services sent in a letter requesting a donation of surplus land from Mason County. 4.1.6 Washington State Liquor and Cannabis Board sent in the following: cannabis license application for Shelton Retail Enterprises LLC DBA Floyds; liquor license applications for Burger Claim and More and HK&JY Entertainment, Inc. DBA Haru Sushi Teriyaki&Wok; liquor license approval for Burger Claim and More; cannabis renewal license applications for Newday Growery Group,LLC,NB Arlington LLC, CM LLC,and 4Front LLC; and liquor license renewal applications for PS 27 Inc.; Tres Agaves LLC; and Langdon, Eric S. 4.1.7 Hoodsport Fire&EMS sent in a letter requesting the County review building standards for roof snow loads. 4.1.8 Federal Energy Regulatory Commission sent in a letter regarding Owner's Dam Safety Program Internal Review for the Cushman,Nisqually River,Cowlitz River, and Wynoochee projects. 4.2 Mark Neary read the Mason County Recognizes 22 Employees for Years of Service news release. 4.3 John Taylor read the Mason County Parks and Trails Advisory Board Openings news release. 5. Open Forum for Citizen Input Susan Kirchoff,Youth Connection, shared the Youth Connection provides services for youth ages 12-24 in Mason County. One challenge is the growing demographic need for affordable housing as well as access to treatment and mental health support. Housing instability is a crisis. Susan encouraged the County to apply for funding through the Department of Commerce. Community Lifeline now has Susan as a consultant. Paul Wieneke, Superintendent for Southside School District,thanked the Commissioners for acknowledging his letter and addressing the dangerous passing situation on Collier Road during school pickup times. A long-range solution is needed with the help of engineers and surveyors. Monte Ritter, Shelton,discussed adding a trail from the Shelton High School to the Mason County Recreation Area(MCRA). Monte shared that he has an opportunity to discuss this needed trail at the upcoming Parks Advisory Board meeting. Tamra Ingwaldson,New Horizon Communities, shared an invite to the solar panel ribbon cutting on October 30,2024. 6. Adoption of Agenda Cmmr.Shutty/Trask moved and seconded to adopt the agenda as published. Motion carried unanimously. N-aye; S-aye; T-aye. 7. Approval of Minutes No minutes at this time. 8. Approval of Action Agenda 8.1 Approval of Warrants and Treasurer Electronic Remittances Claims Clearing Fund Warrant#8107988-8108249 $1,975,690.01 Direct Deposit Fund Warrant# 110316-110724 $ 915,946.72 Salary Clearing Fund Warrant#7008424-7008459 $1,217,309.24 8.2 Approval of the Settlement Agreement/Release of All Claims in the Eric Hood v Mason County lawsuit filed in Thurston County,Cause no.24-2-03410-34. 8.3 Approval of the Resolution of Intent to execute a permanent and temporary easement on parcel no.41901-12-60000 to Northwest Pipeline LLC for installation of an anticorrosion facility and approval for the Chair to execute the permanent Facility Easement Agreement and temporary Construction Workspace Easement for a 20'permanent and 20' temporary easement along Cloquallum Road on parcel no.41901-12-60000. (Exhibit A,Resolution No.2024-058) 8.4 Approval to remove Dennis Hamilton from the Mason County Parks and Trails Advisory Board due to lack of attendance. 8.5 Approval to replace the Walker Park caretaker's roof for the approximate cost of$10,000. 8.6 Approval of the following recommended Homeless Response System funding amounts: Crossroads Housing$112,000;Rental Assistance Fund$125,000;five-year plan facilitation $125,000;reserve$40,000; and approval to send rejection letters to New Horizons Communities,Community Action Council,and Shelton Family Center. 8.7 Approval to set a Public Hearing for Monday,December 2,2024 at 9:00 a.m.to consider adoption of the 2025 Budget for Mason County; copies of the 2025 preliminary budget will be available to the public on Monday,November 18,2024. 8.8 Approval to set a Public Hearing for Tuesday,November 19,2024 at 9:15 a.m.to certify to the County Assessor the amount of taxes levied for Current Expense and County Road for 2025; an increase to the Current Expense and County Road property tax levies for 2025 may be considered. 8.9 Approval for the County Administrator to enter into contract with J.A. Morris for Building 10 District Court Phase 2 in the amount of$1,048,000. 8.10 Approval of the letter of support for the City of Shelton's application for funding for the Connecting Housing to Infrastructure Program(CHIP). Cmmr.Shutty/Trask moved and seconded to approve action items 8.1 through 8.10 with the exception of 8.9 for separate discussion and vote. Motion carried unanimously. N-aye; S-aye; T-aye. 2 1 October 22 , 2024 Commission Minutes Item 8.9 Mark Neary add that the contract with J.A.Morris is for a total of$1.212 million; $1.04 million is the base bid without alternate bids. Cmmr.Shutty/Trask moved and seconded to approve the County Administrator to enter into contract with J.A.Morris for Building 10 District Court Phase 2 in the amount of$1,212,000. Motion carried unanimously. N-aye; S-aye; T-aye. 9. Other Business(Department Heads and Elected Officials) Loretta Swanson,Public Works Director, shared that Shetland Road is rocked and graded. It is too late in the season for chip seal. 10. 9:15 a.m. Public Hearings and Items Set for a Certain Time Please see above options to provide public testimony. These options are available only while COVID-19 OPMA meeting restrictions are in place. No Public Hearings set for this time. 11. Board's Calendar and Reports—The Commissioners reported on meetings attended the past week and announced their upcoming weekly meetings. 12. Adjournment—The meeting adjourned at 9:29 a.m. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY,WASHINGTON McKenzie Smith, Clerk of the Board Randy Neatherlin, Chair Kevin Shutty,Vice-Chair Sharon Trask, Commissioner 3 1 October 22 , 2024 Commission Minutes Mason County Elected Official/Director Meeting Minutes Commission Chambers 411 N 5th St, Shelton, WA 98584 October 15, 2024 10:00 a.m. 1. Call to Order—The Chairperson called the Elected Official/Director meeting to order at 10:00 a.m. 2. County Administrator—Mark Neary 2.1 Building 10 Status Bids have been received and staff is working on a contract with J.A. Morris and Construction. Once construction has been completed,District Court and Probation can move in. 2.2 Support Services Organization Restructure Diane Zoren is retiring at the end of the year. An IT and Parks and Trails Manager position has been created. The Safety Committee will be transferred to Emergency Management 2.3 Public Records A reminder that Public Records must be processed and tracked correctly. The County has a Public Records Coordinator. The Public Records Policy will be updated. 2.4 Grant Writer Tanessa Noll was introduced. 3. 2025 Budget Update—Jennifer Beierle Budget preparation is well underway;Budget Workshops have been finished and the next workshop for Policy Level Requests(PLRs)has been scheduled for October 22,2024. The Public Hearing to adopt the budget will be scheduled for December 2,2024. 4. Elected Official and Director Updates 4.1 Assessor—Patti McLean A full-page Notice of Value(NOV)has been sent out. The last date of appeal is November 12; last year 623 appeals were filed. The new field devices work well,photos can be taken and marked to the correct parcel. Next year Area 2—City of Shelton and outskirts towards Dayton will be inspected. Staff will be in marked County vehicles and wearing vests. The senior tax exemption income was increased to$55k. In 2024,253 seniors qualified for this exemption. Designated forest land, current use has been audited. 4.2 Auditor—Steve Duenkel Financial Services: Leo Kim,Chief Financial Officer,is defining projects and enhancing internal controls. Recording/Licensing: Passport services are fully integrated,and appointments are being booked. Fraud notify services are being promoted. Quarterly meetings are held with the North Mason Chamber of Commerce and Shelton Tabs and Titles to provide resources. Elections: Staff are prepared for the 2024 election and there has been successful implementation of security enhancements. The temporary vote center in Belfair will be opened and staff is working with Mason Transit for shuttle service. 4.3 Clerk—Charles Rhodes Staff are working upstairs in the old jail organizing and boxing files to go to State Archives. Charles is working with the new Grant Writer to attain a grant for imaging records. 4.4 Coroner—Jaime Taylor Investigators are certified through the Washington State Criminal Justice Training Commission(CJTC) to be legal Medicolegal Forensic Investigators. One employee is Board certified,and the office is getting accredited for forensic death investigation. The Coroner's Office has been very busy. 4.5 District Court—Judge Steele Supreme Court is ruling on the Public Defense standards November 13,2024. District Court is working with Shelton Municipal Court to use their courtroom. Blake cases are being worked on;2,000 still need processed. A new case management system will be implemented in the spring. District Court is short staffed,and the Court Administrator is retiring. 4.6 Prosecutor—Michael Dorcy The Prosecutor's Office is down two attorneys and is trying to prioritize and triage. Keeping up with the normal workload has been incredibly difficult. 4.7 Sheriff—Ryan Spurling CTEL was implemented in the Jail and will help reduce complaints,fights,and lawsuits;it is already making an impact on inmates. Next year a Special Enforcement Team(SET)will be implemented in areas of the community that have a high volume of issues. Calls for service have increased. The Sheriff s Office is one of four agencies that are DARE certified. This is an updated program meant to be a decision model for mental health,bullying,and drugs. Gold classes will be held in the spring. The Sheriffs Office will combine training with the City of Shelton, Squaxin Island, and Skokomish police forces. Upcoming events include Toys for Tots and Shop with a Cop. The new command vehicle was unveiled at Oysterfest. 4.8 Superior Court—Judge Cobb,Judge Goodell,Judge Stevens Tirsa Butler is now a Judge,and an offer has been made to a new Court Commissioner. Superior Court is preparing for District Court to move. 4.9 Treasurer—Lisa Frazier The second half of taxes is due October 31,2024. The Treasurer's Office is working with Financial Services and Jennifer Beierle on the Chart of Accounts(COA). The project is taking longer than anticipated and is in a critical transition stage. 4.10 Indigent Defense—Peter Jones Supreme Court is ruling on the Public Defense standards November 13,2024 which will require a massive expansion of the Indigent Defense department and will impact the entire criminal justice system. There are not enough attorneys in that state. Most cases are addiction-related and will be 2 1 October 15 , 2024 Elected Official / Director Minutes dismissed. 4.11 Central Services—Diane Zoren IT Security: Incident Response Plans were sent out to County staff to identify what department needs are in case of a cybersecurity attack. An hour-long outage is planned for early 2025. Average outage times are two weeks. Reminder to complete cyber awareness training. Mason County website redesign: on track to be completed by beginning of 2025. Motor Pool: cleanliness of vehicles has been an issue. If an incident happens in a County vehicle, staff has 24 hours to turn in a report. Summit Towing is the new towing company. The needs of new vehicles need to be discussed. 4.12 Community Development—Kell Rowen Inspectors in the field have successfully transitioned to digital,correction notices are filed immediately. The Building Official position is vacant,and enforcement staff need to be added on the building side. The office will be closed all day for all-staff training on October 31,2024. 4.13 Human Resources—Mary Ransier Contracts are settled for 2024. Three contracts will need to be negotiated in 2025. The Learn program in NEOGOV is being implemented. 4.14 Public Health and Human Services—Dave Windom Open House for Building 13 was a success. Clinical services will be coming soon to the new building— family planning, STD testing,etc. Mobile Health and Mental Mobile Health will be expanded. A room has been set up with microphone and cameras for podcast or video production to help get messaging out to the County. Reminder to get your flu shot. Some COVID test kits are still available. 4.15 Public Works&Utilities and Waste—Loretta Swanson Public Works is going through its records to shred,document, and/or archive. The Finance Manager has implemented financial controls, separation of duties, etc. and is working with Human Resources on position conversion. Accomplishments include creating the first Road Improvement District in many years,getting a new solid waste contract in place,and signing the Public Works Board loan for the Belfair sewer extension. 4.16 WSU Extension—Lisa DeWall Current programs include Through the Garden Gate for gardening skills,food safety,and food preservation. Reminder to check your pressure gauge annually. The new year for 4-H began October 1, an achievement night and bingo was held. Teens are kicking off for a technology event at the Great Wolf Lodge. Master Gardner and Noxious Weeds had booths at Oysterfest. Members are needed for the Noxious Weed Control Board. Small Farms is hosting a cultivating success program. 5. Adjournment—The meeting adjourned at 11:18 a.m. 3 J October 15 , 2024 Elected Official / Director Minutes BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY,WASHINGTON McKenzie Smith, Clerk of the Board Randy Neatherlin, Chair Kevin Shutty,Vice-Chair Sharon Trask, Commissioner 4 1 October 15 , 2024 Elected Official / Director Minutes C Mason County Agenda Request Form Y �1 t! To: Board of Mason County Commissioners From: Ravyn Marshall Ext. 380 Department: Support Services Briefing: ❑ Action Agenda: ❑X Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): Click or tap here to enter text. Agenda Date: November 5,2024 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 of Warrants& Treasurer Electronic Remittances Claims Clearing Fund Warrant#8108250-8108530 $ 2,479,170.65 Direct Deposit Fund Warrant# 110725-111137 $ 923,716.40 Salary Clearing Fund Warrant#7008460-7008486 $ 621,972.87 Background/Executive Summary: The Board approved Resolution no. 80-00 Payment of Claims Against County: Procedure Authorizing Warrant Issue and Release Prior to Board Claim Approval. Mason County Code 3.32.060(a)requires that the Board enter into the minutes of the County Commissioners the approval of claims listing warrant numbers. Claims Clearing YTD total $ 65,290,211.48 Direct Deposit YTD total $ 19,331,900.91 Salary Clearing YTD total $ 19,049,067.16 Requested Action: Approval of the aforementioned Claims Clearing Fund,Direct Deposit Fund, Salary Clearing Fund, and Treasurer Electronic Remittance warrants. Attachments Originals on file with Financial Services and the Treasurer's Office; copies on file with the Clerk of the Board C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Marissa Watson Ext. 367 Department Community Development: Briefing: ❑X Action Agenda: ❑X Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): October 21,2024; September Agenda Date: November 5,2024 30,2024 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: Capital Improvement Program 2025-2030(Appendix A of the Capital Facilities Element) Background/Executive Summary: During this cycle of the Capital Improvement Program review the Planning Advisory Commission voted to form a sub-committee,the CIP Sub-Committee. The sub- committee was formed in order to perform a more thorough review of the document,meet with County staff in a less formal setting for review and education regarding capital project choices and financing,and finally to form topics for the inclusion in a recommendation letter to the BOCC. Planning staff has worked with Public Works,Parks and Trails,Facilities,Finance,and Support Services to update and bring forth the draft CIP prior to the BOCC decision on the 2025 preliminary budget. Bringing the CIP before the BOCC prior to the budget decision provides another layer of public engagement and recommendation. The CIP Sub-Committee drafted a recommendation letter that was approved by the PAC at their September 16,2024 meeting. The PAC is recommending approval of the 2025-2030 CIP as is,but makes a list of recommendations for future capital project planning and financing and communication of that information within future CIP documents. Budget Impact(amount, funding source,budget amendment):N/A Public Outreach (news release,community meeting, etc.): Public notice for the public hearings with the PAC were provided via the Shelton Mason Journal. Public notice for the hearing with the BOCC will also be through the Shelton Mason Journal and posted on the main page of the County website within the agendas. Requested Action: BOCC approval to set a hearing date for Tuesday December 3,2024. Attachments:N/A,previously attached documents to the September 30,2024 briefing agenda. NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold a public hearing in Mason County Building I,Commission Chambers,411 North Fifth Street,Shelton, WA 98584 on December 3,2024 at 9am. SAID HEARING will be to take public comment on the Mason County Capital Improvement Program 2025-2030. Public testimony will be available in-person or via Zoom. The URL is available on the County website hops://www.masoncogptywa.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 msmithkmasoncountywa.gov or mail to the Commissioners' Office, 411 N 5t" 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 5th day of November,2024. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON McKenzie Smith,Clerk of the Board Bill: Community Development Department 615 W Alder St Shelton,Wa 98584 Cc: Commissioners Community Development Department Shelton Journal: Publ. 2t:November 14 &21, 2024 C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Lovejoy Schaefer, Right of Way Agent Ext.450 Senior, for Mike Collins, PLS, PE Deputy Director/County Engineer Department: Public Works Briefing: © Public Hearing: ❑ Action Agenda: ® Special Meeting: ❑ Briefing Date(s): October 21,2024 Agenda Date: November 5,2024 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: Road Vacation No.420—Set Hearing Date with Hearings Examiner Vacate all that portion of Wildwood,Bay,Brook, Canal,Park Streets, and Sixth Ave, lying within,AND Fifth and Seventh Avenue,adjacent to, Resultant Parcel 1 of Boundary Line Agreement recorded June 22,2020,under Auditor's File No. 2132998 and Survey recorded June 11,2020,under Auditor's File No. 2132272 in Volume 47 of surveys,pages 228-229, all within the plat of Lakewood Plat"F",recorded in Volume 3 of plats,page 25,records of Mason County,Washington in Section 13,Township 22 North, Range 2,West. Fifth, Sixth,and Seventh Avenue appear on the above mentioned survey as streets instead of avenues as dedicated on the Plat of Lakewood Plat"F",recorded in Volume 3 of plats,page 25. Background/Executive Summary: Peggy Merriam, owns parcel#22213-11-60030,being Resultant Parcel 1 of Boundary Line Adjustment pursuant to RCW 58.04.007 recorded June 22, 2020, under Auditor's File No. 2132998, in the Plat of Lakewood Plat"F", as recorded in Volume 2 of plats,page 25, as dedicated on February 6, 1913, in Mason County, Washington. The property owner has petitioned for the vacation of the deeded rights of way as attached on Exhibit A. The requested areas have never been maintained. We have no record of these roads being opened. The roads were dedicated to the public on February 6, 1913,when the Plat of Lakewood Plat"F" was originally platted. Vacating this area would create more usable land for the petitioners. Public Works sees no value in opening the proposed vacation area at any point in the future. In compliance with RCW 36.87.40, at the Board of County Commissioners and County Engineer's direction, Public Works Department staff examined that portion of the road right-of- way requesting to be vacated and solicited comments on the proposed vacation. Our findings are as follows: 1. The roads are unopened and not presently in use by the public. 2. The roads are classified as"Class A"per RCW 36.87.120 &MCC 12.20.040, 12.20.050, & 12.20.060, compensation is fifty percent(50%) of appraised value. C Mason County Agenda Request Form Y /A t! The square footage of all roads requested for vacation is 198,155.95, and the cost per square foot is $0.20. The compensation amount due for all petitioned roads is $19,815.60. 3. The proposed vacation area is not deemed necessary for future use for the county road system. 4. The public will benefit from this action since it will add the vacated area to the tax rolls and relieve the county of liability. 5. The petitioners have paid in full the required administrative fee of$1000.00. The compensation amount is $19,815.60, due prior to approval. Budget Impact(amount, funding source, budget amendment): Petitioners have paid the required administrative fee of$1,000 regarding the petition for vacation of the county roads. The roads are classified as"Class A", all roads for which the right of way is an easement. Compensation is fifty percent(50%)of the appraised value. The remaining compensation amount is $19,815.60, due prior to approval of the road vacation. Public Outreach (news release, community meeting, etc.): Notice of Intent to vacate will be published in the Shelton Journal two times and posted in three locations, one onsite and the other two in public places. Requested Action: Recommend the Board approve and execute the resolution setting a hearing date with the Hearings Examiner for Wednesday December 11, 2024, at 1:OOpm via zoom to consider public comment on Road Vacation No. 420. Attachments: 1. Engineer's Report 2. Hearing Notice MASON COUNTY DEPARTMENT of PUBLIC WORKS 100 W PUBLIC WORKS DRIVE N C�� SHELTON, WASHINGTON 98584 MEMORANDUM DATE: October 10, 2024 TO: Mason County Hearings Examiner FROM: Tina Schaefer, Right of Way Agent Senior, for Mike Collins, County Engineer, and Deputy Director. Cc: David Smith, Engineering and Construction Manager Mike Mclrvin, County Surveyor SUBJECT: ENGINEER'S REPORT— ROAD VACATION FILE NO. 420 Vacate all those portions of Wildwood, Bay, Brook, Canal, Park Streets, and Sixth Ave, lying within, AND Fifth and Seventh Avenue, adjacent to, Resultant Parcel 1 of Boundary Line Agreement recorded June 22, 2020, under Auditor's File No. 2132998 and Survey recorded June 11, 2020, under Auditor's File No. 2132272 in Volume 47 of surveys, pages 228-229, all within the plat of Lakewood Plat "F", recorded in Volume 3 of plats, page 25, records of Mason County, Washington in Section 13, Township 22 North, Range 2, West. Fifth, Sixth, and Seventh Avenue appear on the above mentioned survey as streets instead of avenues as dedicated on the Plat of Lakewood Plat "F", recorded in Volume 3 of plats, page 25. BACKGROUND: Peggy Merriam, the petitioner, owns parcel # 22213-11-60030, being Resultant Parcel 1 of Boundary Line Adjustment pursuant to RCW 58.04.007 recorded June 22, 2020, under Auditor's File No. 2132998, which is adjacent to and lying within the above mentioned proposed road vacations. She has petitioned for the vacation of the dedicated right of ways as attached as Exhibit A. The requested streets are unopened right of ways that have never been maintained. The streets were dedicated to the public on February 6, 1913, when Lakewood Plat "F" was originally platted. Vacating this area would create more usable land for the property owner. Public Works sees no value in opening the proposed vacation area at any point in the future. 1 The roads to the South within parcel # 22213-11-00010, were vacated under Road Vacation #401, recorded January 7, 2021, under Auditor's File No. 2147711. This was done subject to any existing private easements and with a stipulation of recording ingress/egress easements in gross running with the land. The parcel to the south currently has access from the south. In compliance with RCW 36.87.40, at the Board of County Commissioners and County Engineer's direction, Public Works Department staff examined the portions of road rights-of- way requested and solicited comments on the proposal. Our findings are the following: 1. The roads are unopened and not presently in use by the public. 2. The roads are classified as "Class A" per RCW 36.87.120 & MCC 12.20.040, 12.20.050, & 12.20.060, compensation is fifty percent (50%) of appraised value. The square footage of all roads requested for road vacation is 198,155.95, and the cost per square foot is $0.20. The compensation amount due for all petitioned roads is$19,815.60. 3. The proposed vacation area is not deemed necessary for future use for the County Road system. 4. The public will benefit from this action since it will add the vacated area to the tax rolls and relieve the county of liability. 5. The petitioner has paid in full the required administrative fee of$1000.00. The compensation amount for all proposed road vacations within and adjacent to parcel # 22213-11-60030 is $19,815.60 and is due prior to approval. Public Notice Public notice has been provided as required by RCW 36.87.050, both by posting at the site and by publishing in the county official newspaper. Recommendation Public Works recommends the vacation of all those portions of Wildwood, Bay, Brook, Canal, Park Streets, and Sixth Ave, lying within, AND Fifth and Seventh Avenue, adjacent to parcel no. 22213-11-60030. The vacated area will still be subject to existing easements for ingress and egress or other purposes, if any, and in accordance with RCW 36.87.140, retaining an easement in favor of Mason County for any utilities present in the vacated right of ways. Attachments: • Petition: Exhibit A pages 1 -7 • Aerial Map: Exhibit B • Legal Description: Exhibit C 2 EXHIBIT "A" DICKSON FROHLICH PHILLIPS BURGESS 13 PLLC TREVOR A.ZANDELL I ATTORNEY I TZANDELL@DFPBLAW.COM ALLEN STANTON I LEGAL ASSISTANT IASTANTON@DFPBLAW.COM RECEIVED July 18, 2024 JUL 2 3 2024 MASON COUNTY PUBLIC WORKS Sent via first-class U.S. mail Mason County Public Works Department 100 W Public Works DR Shelton WA. 98584 RE: Peggy Merriam Petition for Vacation of County Road Dear Mason County Public Works: Enclosed please find our client, Peggy Merriam's,petition for vacation of county road for Mason County parcel number 22213-11-60030, as well as a check in the amount of$1,000.00 made payable to the Mason County Treasurer for the petition fee. Please contact me at(360)742-3516 or tzandell a,dfpblaw.com if you have any questions or need anything else from us to process this petition. Thank you for your time and attention to this matter. Very truly yours, DICKSON FROHLICH PHILLIPS BURGESS PLLC REVOR A. ZANDELL ATTORNEY ENCLOSURES: CHECK#50420 PETITION FOR VACATION OF COUNTY ROAD CC: CLIENT SEATTLE TACOMA OLYMPIA (206)621-1110 (253)572-1000 (360)-742-3500 2101 4th Ave#700,Seattle,WA,98121 1200 East D Street,Tacoma,WA,98421 1 1 1 21 st Ave SW,Olympia,WA,98501 EXHIBIT "A" MASON COUNTY PETITION FOR VACATION OF COUNTY ROAD TO: Board of Mason County Commissioners c/o: Mason County Public Works Department 100 W. Public Works Drive Shelton, WA 98584 Applicant Name: Peggy Merriam Mailing Address: 442 South Camino Holgado, Green Valley,AZ 85614 Phone Number:(510)754-2208 Email Address: plmerdam@sbcglobal.net Parcel Number: 22213-11-60030 We, the undersigned, being owners of the majority of the frontage of the below-described county road, hereby petition the Board of Mason County Commissioners for vacation of the following described county road:Fifth Street,Sixth Street,Seventh Street, Wildwood Street,Bay Street,Brook Street, Canal Street,Park Street in Lakewood Plat T" Road Name: Road Number: Description of road right of way to be vacated: See attached. Plat Name: Lakewood Plat"F' Recording Date: March 4, 1913 Section: 12& 13 Township: 22N Range: 1W,W.M. Attached herewith is a map secured from the Mason County Engineer or from the Mason County Assessor. We have shaded the right of way herein petitioned to be vacated and have also shown the ownerships along said right of way. IN SUPPORT OF SAID PETITION, PETITIONERS ALLEGE: I That the undersigned are the owners of the majority of the frontage of the county road right of way petitioned to be vacated and said right of way is located in Mason County, Washington. 11 That contact information, signatures and legal descriptions of the property owned by each petitioner on the right of way to be vacated are provided below: NAME/ADDRESS/SIGNATURE LEGAL DESCRIPTION OF PHONE PROPERTY/PARCEL# 1 Peggy Merriam (510) 754-2208 442 South Camino Holgado Green Valley, AZ 85614 X 40 f&-41 22213-11-60030 Pec4i!�.einam(Julii,2024 ns4 Por) 2 rx— PETITION FOR VACATION OF COUNTY ROAD Page 1 EXHIBIT "A" NAME/ADDRESS/SIGNATURE LEGAL DESCRIPTION OF PHONE PROPERTY/PARCEL# 3 X 4 X (Additional petitioners are listed on the attachment hereto.) III That, if the plat was recorded prior to March, 12, 1904, and, if the right of way is not now in use as a public road, the following proof is provided that the road was never opened for public travel for five years following recording of the plat: Not applicable. Plat was recorded after March 12, 1904. IV That such county road right of way is useless as a part of the county road system and that the public would be benefited by its vacation for the following reasons: The road rights of way have remain unopened since 1913, demonstrating they are useless for the county road system. The public would benefit by vacation in that compensation would be paid to the county for rights of way that have not been opened in over 100 years. V That this road vacation is requested for the following purpose: To eliminate the rights of way so the underlying parcel can potentially be subdivided and developed. VI That this petition is accompanied by an Administrative fee of One Thousand Dollars($1,000.00), payable to Mason County Public Works, pursuant to statute, conditioned upon petitioners paying into the Mason County Road Fund the amount of all costs and expenses incurred in the examination, report and all proceedings pertaining to this petition for the vacation of said road right of way. The County also requires compensation for Class A(50%)and Class B (100%)of appraised value. DATED this 17th day of July 2024 PETITION FOR VACATION OF COUNTY ROAD Page 2 EXHIBIT "A" ATTACHEMENT TO PETITION FOR VACATION OF COUNTY ROAD ADDITIONAL PETITIONERS NAME/ADDRESS/SIGNATURE LEGAL DESCRIPTION OF PHONE PROPERTY/PARCEL# 7 X 8 X 9 X 10 X I1 X 12 X 13 X PETITION FOR VACATION OF COUNTY ROAD Page 3 EXHIBIT "A" Description of Road Rights of Way to be Vacated l. All of the westerly 631.23 feet of Wildwood Street in Lakewood Plat"F" 2. All of the easterly 460.00 feet of Wildwood Street in Lakewood Plat"F" 3. All of Bay Street in Lakewood Plat"F" 4. All of the westerly 450.00 feet of Brook Street in Lakewood Plat"F" 5. The north half of the easterly 850 feet of Brook Street in Lakewood Plat"F" 6. All of the westerly 450.00 feet of Canal Street in Lakewood Plat"F" 7. All of the westerly 450.00 feet of Park Street in Lakewood Plat"F" 8. All of the northerly 1,275.00 feet of Fifth Avenue in Lakewood Plat"F" 9. All of that portion of Sixth Avenue in Lakewood Plat"F" starting 208.77 feet south of the northern boundary of Lakewood Plat"F"and terminating 600.00 feet south of the northern boundary of Lakewood Plat"F" 10. All of the northerly 600.00 feet of Seventh Avenue in Lakewood Plat"F" EXHIBIT "A" Alt h 6e(ow are owt,ek to y— �ey9r R?wria . ' `5 �?4•t LAKEWOOD PLAT F' , i`•r� -„ 7. - 2221350• E _ II •41514'7.t 4 rl • .JRMJAob SMUT t� vW J b c ; b t.d.,a if'K J; . :.� .• - l __ 1 `r .:Y.•1 .'fiq�M'' L+'Jt+t', IL X. Y �00�73,L b�L'. YiJi. �iC:,i rt.tJ tF•['A l .�:'-.• .9 i A.»I��n{;varrrXnq,tts � ;� , i r-..^=�r•��I.t 5eE , MAP Par - 9RE'_7 2 i t[h 2:2t•can•H: .,Jty :.�a-t•:•.:J,r .,. J ^.�. 44-V :n.is13.YDal'n , Plk;7 iNTf x:'!r-A•a 4 d.y'ff. %+d.t••Jt's's.•rt:a!a)n lr 3'is:s= 2.!Nlp v 5•!•�t•w .A�w tt:l.tlff.K •:.: t aax 9RJ :I.a. '6- 'E� '/, r'G t.'.S'r,.9, ._ ..... ':d`.. ti h:;:: nd Sd.;'J!-•O!hW� t �} !1 �:.I•., 1 !-s �,Is� tz ^i%-+•z•)..s Js.h w!Y!. I.-:+J•.,.��r 2. •Arh*tl i •i t .n aoa .l9 .1• „�JI•..n.S H1•f'.t•.eY b .j A1)o�Y n,u;tt c 7J'•fe,a:r;r'J7�"r i«;a.- Kx_ti�i�sf.:slcfyar.v�v-r.z j:3'Isliv.v*:,"rdbssi+els'ttir K,Hi ' FA K "1•FS • 9c`.,.ftfn...1':^la ,,;.• r'21�5 :,u Ti t ,:. ;j; ,� nCa tb,<a. .3• ..y ,�tt -.S% ,a� r! : ��1•- t .� - '+ki' ya"gq tls - �(S�'}�}f! 1 � J�1`* ���y�' t c kk {tt tl !,yc., : -:1 .3; ' � ; �•dtf- 7S:rt}1 �¢" ` i.,' ��t'- PYHRIT "All FMrosoft Word - PETITION FOR VACATION OF COUNTY ROAD - Revised 11 -5-07.doc Final Audit Report 2024-07-17 Created: 2024-07-17 By: Allen Stanton(astanton@dfpblaw.com) Status: Signed Transaction ID: CBJCHBCAABAA80bgl68GWRm9TzBSfsOKdWCDIG7_M5bv "Microsoft Word - PETITION FOR VACATION OF COUNTY RO AD - Revised 11-5-07.doc" History s-) Document created by Allen Stanton (astanton@dfpblaw.com) 2024-07-17-5:33:00 PM GMT E1 Document emailed to Peggy Merriam (plmerriam@sbcglobal.net) for signature 2024-07-17-5:33:08 PM GMT Email viewed by Peggy Merriam (plmerriam@sbcglobal.net) 2024-07-17-7:52:33 PM GMT bo Document e-signed by Peggy Merriam (plmerriam@sbcglobal.net) Signature Date:2024-07-17-7:54:13 PM GMT-Time Source:server Agreement completed. 2024-07-17-7:54:13 PM GMT Q Adobe Acrobat Sign EXHIBIT "B" c Road Vacation N #420 a r - 222.127590180 Wildwood Street a, Bay Street ` 222.1,311160030 Brook Street LT Q Canal Street : u u �j Park Street ' , • ti Proposed Parcel of Road c Interest Lakewood Plat "F" ffi Vacation o Parcels Vol. 2 pg. 25 Roads Proposed vacated streets indicated with yellow hashes EXHIBIT C LEGAL DESCRIPTION FOR ROAD VACATION # 420 Vacate all that portion of Wildwood, Bay, Brook, Canal, Park Streets, and Sixth Ave, lying within,AND Fifth and Seventh Avenue, adjacent to, Resultant Parcel 1 of Boundary Line Agreement recorded June 22, 2020, under Auditor's File No. 2132998 and Survey recorded June 11, 2020, under Auditor's File No. 2132272 in Volume 47 of surveys, pages 228-229, all within the plat of Lakewood Plat"F", recorded in Volume 3 of plats, page 25, records of Mason County,Washington in Section 13,Township 22 North, Range 2,West. Fifth, Sixth,and Seventh Avenue appear on the above mentioned survey as streets instead of avenues as dedicated on the Plat of Lakewood Plat"F", recorded in Volume 3 of plats, page 25. RESOLUTION NO. VACATION FILE NO. 420 NOTICE OF INTENT TO VACATE SETTING TIME AND PLACE FOR HEARING ON SAID VACATION RCW 36.87 WHEREAS NOTICE IS HEREBY GIVEN that the Mason County Public Works Department is requesting the vacation of the following right of way: Vacate all those portions of Wildwood, Bay, Brook, Canal, Park Streets, and Sixth Ave, lying within, AND Fifth and Seventh Avenue, adjacent to, Resultant Parcel 1 of Boundary Line Agreement recorded June 22, 2020, under Auditor's File No. 2132998 and Survey recorded June 11, 2020, under Auditor's File No. 2132272 in Volume 47 of surveys, pages 228-229, all within the plat of Lakewood Plat "ll", recorded in Volume 3 of plats, page 25, records of Mason County, Washington in Section 13,Township 22 North, Range 2, West. Fifth, Sixth, and Seventh Avenue appear on the above-mentioned survey as streets instead of avenues as dedicated on the Plat of Lakewood Plat "F", recorded in Volume 3 of plats, page 25. WHEREAS the Board of Mason County Commissioners did set a date for public hearing on the matter before the Hearing Examiner on the matter and directed Public Works to prepare notice thereof for posting and publication. NOW THEREFORE, BE IT RESOLVED that said hearing has been set for Wednesday, December 11, 2024, at 1:00 p.m. via Zoom, at which time any taxpayer may appear via Zoom to hear the County Engineer's report and be heard either for or against the vacation of the above said portion of road located in Mason County Washington. For those unable to attend the hearing email testimony to mfrazier@co.mason.wa.us. Visit the Mason County Hearings Examiner Agenda webpage at www.co.mason.wa.us/hearings-examiner or contact Mariah Frazier at mfrazier@co.mason.wa.us or call (360)427-9670 Ext 365 for Zoom information. DATED this day of , 2024. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: McKenzie Smith, Clerk of the Board Randy Neatherlin, Chair APPROVED AS TO FORM: Kevin Shutty, Vice Chair Tim Whitehead, Ch. DPA Assessor Auditor Sharon Trask, Commissioner County Engineer Petitioner Post no later than 11/20/24 (20 days prior to hearing at each terminus of the county road or portion thereof proposed to be vacated or abandoned.) Vacation File No. 420 JOURNAL— Publish 2t: 11/14/24— 11/21/24 (Bill Public Works) C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Luke Viscusi on behalf of the Mason County Ext.282 Historic Preservation Commission Department: Community Services Briefing: Action Agenda: ❑X Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): October 28,2024 Agenda Date: November 5,2024 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• To re-appoint Jann Goodpaster for a new three-year term on the Mason County Historic Preservation Commission,beginning December 2024,and ending November 2027. Background/Executive Summary: The Mason County Historic Preservation Commission is a seven-member commission which serves to identify and actively encourage the conservation of Mason County's historic resources. Currently,the HPC has two positions that expire on November 30th,2023,two vacant seats that expire on November 30th,2025,and one vacant seat that expires on November 30th,2026. One of the terms expiring this year is currently occupied by Jann Goodpaster,who has reapplied for another term. The empty seats are open until filled. Mason County has received one other application for the two expiring and three vacant positions. Budget Impact(amount, funding source,budget amendment): None. Public Outreach (news release,community meeting, etc.): On September 24,2024,the Board of County Commissioners issued a New Release to advertise five open positions on the Historic Preservation Commission. Requested Action: For the BOCC to review the application of Jann Goodpaster to serve on the Mason County Historic Preservation Commission and re-appoint her to the Historic Preservation Commission if desired. Attachments • Current Mason County Historic Preservation Membership List • Mason County Historic Preservation Commission Application from Jann Goodpaster • Mason County Code 17.40.040—Mason County Historic Preservation Commission ASoN coU November 5,2024 Jann Goodpaster _ MASON COUNTY Dear Jann, BOARD Thank you for your willingness to continue your service on the Mason County OF Historic Preservation Commission. The Board of County Commissioners acted COMMISSIONERS at the Tuesday,November 5, 2024 regular meeting to reappoint you as a regular member. Your term will end on November 30,2027. 1ST District Luke Viscusi is the staff contact and will continue to provide you with meeting RANDY NEATHERLIN information. As a reminder, if you need to contact Luke,please call (360) 427- 9670 ext. 282 or send him an email at lviscusi(c-r�,masoncountywa.gov. The link 2°d District to the Historic Preservation Commission website can be found at KEVIN SHUTTY https://www.masoncountywa.gov/historic/index". 3'District As a Board member,we ask that you stay familiar with the Open Public Meetings SHARON TRASK Act (OPMA) and the Public Records Act (PRA) as our Advisory Boards are subject to these regulations. The link to the online training can be found at htt2://www.atg.wa.gov/ol2en-govemment-training. Please view Lessons 2 and 3 as soon as you are able. Once you have viewed these trainings, please contact Mason County Building 1 Michael MacSems for documentation purposes. 411 North Fifth Street We appreciate your commitment and leadership to serve on this important board. Shelton,WA 98584-3400 Again,thank you for your service to our community, (360)427-9670 ext.419 Fax(360)427-8437 Randy Neatherlin, Kevin Shutty, Sharon Trask, Chair Commissioner Commissioner 2024 Mason County Historic Preservation Commission Membership List Member Position Member Since Term Start Term End Jann Goodpaster Vice Chair Nov 2024 Vacant Nov 2024 Caleb Cowles Nov 2025 Vacant Nov 2025 Vacant Nov 2025 Edgar Huber Chair, Dec 2015 Dec 2023 Nov 2026 Expertise Vacant Nov 2026 Shaun Dinubilo Ex-Officio Kris Miller Ex-Officio Mason County Historic Preservation Commission Membership List Entry#: 9- Historic Preservation Commission Status: Submitted Submitted: 10/10/202410:44 AM Commissioner Randy Neatherlin, 0Advisory Board Name: Sharon Trask,Kevin Shutty. Mark Historic Preservation Commission Nearyand.McKenzie Smith EGEI @B' E P� Name: OCT 11 2024 Today's Date: Jann Goodpaster 8Y_ 10/1/2024 Address Voting Precinct: Phone Email ( Community Service: Employment: President, Mason County Historical Society Retired Vice chair, Mason County Historical Preservation Commission Insurance Market Regulatory Examiner Treasurer, Hoodsport Friends of the Library (10 years as a Director of Risk and Regulatory Examinations, 10 Years, Manager of Market Regulation,Oregon Insurance Division What do you perceive is the role or purpose of this advisory board? Do promote the preservation of historical buildings and places in a manner that may encourage economic growth. What interest or skills do you wish to offer this advisory board? Knowledge of Mason County History.Former committee work and oversight. List any financial, professional,or voluntary affiliations that could create a potential conflict of interest: None Required Training: Yes or No: Participation is dependent on attending certain trainings such as the Open Public Meetings Act(OPMA) Yes and Public Records Act(PRA)trainings at no cost to you. Will you be able to attend such trainings? How much time can you commit to Are you a U.S,citizen and *For Civil Service applications ONLY,what this advisory board: Mason County resident? is your political party? Monthly Yes 17.40.040 Mason County historic preservation commission. (a) Creation and Size.There is hereby established a Mason County historic preservation commission, consisting of seven members, as provided in subsection (b)(3) below. Members of the Mason County historic preservation commission shall be appointed by the Mason County board of commissioners and shall be residents of Mason County except as provided in subsection 17.40.040(b)(2) below. (b) Composition of the Commission. (1) All members of the commission must have a demonstrated interest and competence in historic preservation and possess qualities of impartiality and broad judgment. (2) The commission should include at least two professionals who have experience in identifying, evaluating, and protecting historic resources and are selected from among the disciplines of architecture, history, architectural history, planning, prehistoric and historic archaeology, folklore, cultural anthropology, curation, conservation, and landscape architecture or related disciplines; and one member who is a duly authorized representative of a local Indian Tribe. The commission action that would otherwise be valid shall not be rendered invalid by the temporary vacancy of one or all of the professional positions, unless the commission action is related to meeting certified local government (CLG) responsibilities cited in the certification agreement between the Mason County board of commissioners and the State Historic Preservation Officer on behalf of the state. Exception to the residency requirement of up to two commission members may be granted by the Mason County board of commissioners in order to obtain representatives from these disciplines. (3) In making appointments,the Mason County commissioners may consider names submitted from any source, but the Mason County board of commissioners shall notify history and Mason County development related organizations of vacancies so that names of interested and qualified individuals may be submitted by such organizations for consideration along with names from any other source. (c) Terms.The original appointment of seven members to the commission shall be as follows:three for two years,two for three years and two for four years.Thereafter, appointments shall be made for a three year term.Vacancies shall be filled by the Mason County board of commissioners for the unexpired term in the same manner as the original appointment. (d) Powers and Duties.The major responsibility of the historic preservation commission is to identify and actively encourage the conservation of the Mason County's historic resources by initiating and maintaining a register of historic places and reviewing proposed changes to register properties;to raise community awareness of the Mason County's history and historic resources; and to serve as Mason County's primary resource in matters of history, historic planning, and preservation. In carrying out these responsibilities, the historic preservation commission shall engage in the following: (1) Conduct and maintain a comprehensive inventory of historic resources within the boundaries of the Mason County and known as the Mason County historic inventory, and publicize and periodically update inventory results. Properties listed on the inventory shall be recorded on Created: 2023-10-29 15:26:21 [EST] (Supp. No.64,8-23) Page 1 of 3 official zoning records with an "HI" (for historic inventory designation).This designation shall not change or modify the underlying zone classification. (2) Initiate and maintain the Mason County register of historic places.This official register shall be compiled of buildings, structures, sites, objects, and districts identified by the commission as having historic significance worthy of recognition and protection by Mason County and encouragement of efforts by owners to maintain, rehabilitate, and preserve properties. (3) Review nominations to the Mason County register of historic places according to criteria in Section 17.40.050(b) of this ordinance and adopt standards in its rules to be used to guide this review. (4) Review proposals to construct, change, alter, modify, remodel, move, demolish, or significantly affect properties or districts on the register as provided in Section 17.40.060; and adopt standards in its rules to be used to guide this review and the issuance of a certificate of appropriateness or waiver. (5) Provide for the review either by the commission or its staff of all applications for approvals, permits, environmental assessments or impact statements, and other similar documents pertaining to identified historic resources or adjacent properties. (6) Conduct all commission meetings in compliance with Chapter 42.30 RCW, Open Public Meetings Act,to provide for adequate public participation and adopt standards in its rules to guide this action. (7) Participate in, promote and conduct public information, educational and interpretive programs pertaining to historic and prehistoric resources. (8) Establish liaison support, communication and cooperation with federal, state, and other local government entities which will further historic preservation objectives, including public education, within the Mason County area. (9) Review and comment to the Mason County board of commissioners on land use, housing and redevelopment, municipal improvement and other types of planning and programs undertaken by any agency of Mason County, other neighboring communities, Mason County, Native American Tribes, state or federal governments, as they relate to historic resources of Mason County. (10) Advise the Mason County commissioners generally on matters of Mason County history and historic preservation. (11) Perform other related functions assigned to the commission by the Mason County board of commissioners. (12) Provide information to the public on methods of maintaining and rehabilitating historic properties.This may take the form of pamphlets, newsletters,workshops, or similar activities. (13) Officially recognize excellence in the rehabilitation of historic buildings, structures, sites and districts, and new construction in historic areas; and encourage appropriate measures for such recognition. Created: 2023-10-29 15:26:21 [EST] (Supp. No.64,8-23) Page 2 of 3 (14) Be informed about and provide information to the public and Mason County departments on incentives for preservation of historic resources including legislation, regulations and codes which encourage the use and adaptive reuse of historic properties. (15) Review nominations to the State and National Registers of Historic Places. (16) Investigate and report to the Mason County board of commissioners on the use of various federal, state, local or private funding sources available to promote historic resource preservation in Mason County. (17) Serve as the local review board for special valuation and: (A) Make determination concerning the eligibility of historic properties for special valuation; (B) Verify that the improvements are consistent with the Washington State Advisory Council's Standards for Rehabilitation and Maintenance: (C) Enter into agreements with property owners for the duration of the special valuation period as required under WAC 254-20-070(2); (D) Approve or deny applications for special valuation; (E) Monitor the property for continued compliance with the agreement and statutory eligibility requirements during the ten year special valuation period; (F) Adopt bylaws and/or administrative rules and comply with all other local review board responsibilities identified in Chapter 84.26 RCW; (G) Work in conjunction with local Indian Tribes and the Tribal Historic Preservation Office (THPO) in determining the eligibility of properties for special valuation on those sites within the exterior boundaries of local Indian Reservations. (18) The commission shall adopt rules of procedure to address items (3), (4), (6) and (17) inclusive. (e) Compensation.All members shall serve without compensation. (f) Rules and Officers.The commission shall establish and adopt its own rules of procedure, and shall select from among its membership a chairperson and such other officers as may be necessary to conduct the commission's business. (g) Commission Staff. Commission and professional staff assistance shall be provided by the Mason County community development department with additional assistance and information to be provided by other parks and public works departments as may be necessary to aid the commission in carrying out its duties and responsibilities under this chapter. (Ord. 79-05,Attach. A(part), 2005). Created: 2023-10-29 15:26:21 [EST] (Supp. No.64,8-23) Page 3 of 3 PEON COU��� Mason County Agenda Request Form 1854 To: Board of Mason County Commissioners From: David Windom Ext. 260 Department: Public Health Briefing: Action Agenda: ❑X Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): October 28,2024 Agenda Date: November 5,2024 Internal Review: ❑ Finance ❑ Human Resources ® Legal ❑ Information Technology N 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• Interagency Agreement with Washington State Department of Agriculture Background/Executive Summary: This agreement is part of the State's coordinated response to increases farm and food business viability, reduce food access barriers for socially disadvantaged communities,and increase food security for all Washingtonians while contributing to long-term emergency preparedness and food system resilience. Budget Impact(amount, funding source,budget amendment): Funding for this agreement has been provided in the 2023-2025 biennial state operating budget,ESSB 5187,pursuant to Federal grants to Washington State under the American Rescue Plan Act(ARPA)of 2021, sec. 9901,Public Law 117-2,codified at 42 U.S.C. 902. $27,131.11 Public Outreach (news release,community meeting, etc.): N/A Requested Action: Approval for the Public Health and Human Services Director to sign the Interagency Agreement between the Washington State Department of Agriculture and Mason County Public Health and Human Services in the amount of$27,131.11. Attachments Agreement WSDA Contract No. K5563 INTERAGENCY AGREEMENT BETWEEN WASHINGTON STATE DEPARTMENT OF AGRICULTURE AND MASON COUNTY PUBLIC HEALTH AND HUMAN SERVICES Agreement number K5563 is made and entered into by and between the Washington State Department of Agriculture, "WSDA" or"Agency", located at 1111 Washington St. SE, PO Box 42560, Olympia,WA 98504-2560, and Mason County Public Health and Human Services, "MCPHHS" or "Subrecipient", located at 415 N. 6th St. Building 8,Shelton,WA 98584. Subrecipient's UEI is:SNAXPBGW4VR4 AUTHORITY Funding for this agreement has been provided in the 2023-2025 biennial state Operating Budget, ESSB 5187, pursuant to Federal grants to Washington State under the American Rescue Plan Act of 2021 (ARPA or"Act"), sec. 9901, Public Law 117-2, codified at 42 U.S.C. 802. PURPOSE The purpose of this agreement is to facilitate strong relationships and effective communication channels among Washington State's emergency food response networks, including county and state government agencies and local hunger relief organizations.To fill continued gaps in emergency food resources,funding will be used for county-directed procurement and distribution of emergency food to hunger relief organizations as part of a state alternative to the federal USDA Farmers to Food Box program.This agreement is part of the state's coordinated response to increase farm and food business viability, reduce food access barriers for socially disadvantaged communities, and increase food security for all Washingtonians while contributing to long-term emergency preparedness and food system resilience. STATEMENT OF WORK The Subrecipient shall furnish the necessary personnel, equipment, material and/or service(s)and otherwise do all things necessary for or incidental to the performance of work set forth in Exhibit"A" attached and incorporated herein. PERIOD OF PERFORMANCE Subject to its other provisions,the period of performance of this Agreement shall commence on October 15, 2024 or upon execution,whichever is later, and end on June 30,2025 unless terminated sooner as provided in this Agreement, or extended through a properly executed amendment. COMPENSATION Compensation for the work provided in accordance with this Agreement has been established under the terms of chapter 39.34.130 RCW.The parties have estimated that the cost of accomplishing the work herein will not exceed$27,131.11. Payment for satisfactory performance of the work shall not exceed this amount unless the parties mutually agree to a higher amount prior to the commencement of any work which will cause the maximum payment to be exceeded. Compensation for services shall be in accordance with the Budget in Exhibit"B"which is attached and incorporated herein. The committed funding is from the Coronavirus State Fiscal Recovery Fund,Assistance Listing 21.027. Page 1 of 12 WSDA Contract No. K5563 INDIRECT COSTS Subrecipient shall provide its indirect cost rate agreement that has been negotiated between the Subrecipient and the federal government. If no such rate exists a de Minimis indirect cost rate of 10% of modified total direct costs(MTDC) may be used. ACKNOWLEDGEMENT OF FEDERAL FUNDING Federal Award Identification Number(FAIN): SLFRP0002 The committed funding is from the federal Coronavirus State Fiscal Recovery Fund,Assistance Listing 21.027. Coronavirus State Fiscal Recovery Funds were authorized in the American Rescue Plan in response to COVID-19. Information from the US Department of the Treasury about this federal fund source can be found here: https://home.treasur . ov/policy-issues/coronavirus/assistance-for-state- local-and-tribal-governments/state-and-local-fiscal-recovery-funds.Subrecipient, by accepting this agreement, is a subrecipient of the federal funds that support this award and is subject to all of the federal requirements. 2022 CSLFRF Compliance Supplement can be found here: https://home.treasury.gov/system/fiLes/1 36/21.027-SLFRF-2022-CompLiance-Supplement.pdf Subrecipient agrees that any publications (written,visual, or sound) but excluding press releases, newsletters, and issue analyses, issued by the Subrecipient describing programs or projects funded in whole or in part with federal funds under this Agreement,shall contain the following statements: This project was supported by funds awarded by the US Department of the Treasury. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the US Department of the Treasury. Funds are administered by the America Rescue Plan Act, State and Local Fiscal Recovery Funds, Washington State Department of Agriculture. COMPLIANCE WITH APPLICABLE FEDERAL LAW AND REGULATIONS A. Subrecipient agrees to comply with the requirements of section 603 of Title VI—Coronavirus Relief, Fiscal Recovery, and Critical Capital Projects Funds of the Act, regulations adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury, and as amended, regarding the foregoing. Subrecipient also agrees to comply with all other applicable federal statutes, regulations, and executive orders, and Subrecipient shall provide for such compliance by other parties in any agreements it enters into with other parties relating to this award. B. Federal regulations applicable to this award include,without limitation,the following: 1. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are inapplicable to this Award and subject to such exceptions as may be otherwise provided by Treasury. Subpart F—Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply to this award. 2. Universal identifier and System for Award Management(SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. 3. Reporting Sub Award and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference. 4. OMB Guidance to Agencies on Government wide Debarment and Suspension (Non- procurement), 2 C.F.R. Part 180, including the requirement to include a term or condition Page 2 of 12 WSDA Contract No. K5563 in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B)that the award is subject to 2 C.F.R. Part 180 and Treasury's implementing regulation at 31 C.F.R. Part 19. 5. Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200,Appendix XII to Part 200 is hereby incorporated by reference. 6. Government wide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20. 7. New Restrictions on Lobbying, 31 C.F.R. Part 21. 8. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970(42 U.S.C. §§ 4601-4655) and implementing regulations. 9. Generally applicable federal environmental laws and regulations. C. Statutes and regulations prohibiting discrimination applicable to this award include,without limitation,the following: 1. Title VI of the Civil Rights Act of 1964(42 U.S.C. §§2000d et seq.) and Treasury's implementing regulations at 31 C.F.R. Part 22,which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance; 2. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794),which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance; 3. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101 et seq.),and Treasury's implementing regulations at 31 C.F.R. Part 23,which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance; and 4. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.),which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto. AUDIT Federal Funding of$750,000 or more. If Subrecipient expends$750,000 or more from all federal sources during Subrecipient's fiscal year, as determined under§200.501 of the Federal Award Uniform Guidance,Subrecipient shall obtain an annual Single Audit conducted in accordance with § 200.514 except when it elects to have a program-specific audit conducted in accordance with paragraph (c)of§200.501.The$750,000 includes the value of food received from federal food programs and any other federal funding sources. DEBARMENT, SUSPENSION AND INELIGIBILITY The Subrecipient certifies that neither it nor its principals are presently debarred, declared ineligible, or voluntarily excluded from participation in transactions by the State of Washington and any federal department or agency. Signature of this contract certifies that to the best of its knowledge that they: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal, state or local government entity; b. Have not within a three-year period preceding this contract been convicted of or had a civil judgement rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public transaction or Agreement(federal, state,or local);violation of federal or state antitrust statutes; or commission of Page 3 of 12 WSDA Contract No. K5563 embezzlement,theft,forgery, bribery,falsification or destruction of records, making false statements,tax evasion, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local)with commission of any of the offenses enumerated in paragraph (1)(b) of federal Executive Order 12549; and d. Have not within a three-year period preceding the signing of this contract had one or more public transactions(federal, state, or local)terminated for cause or default. PROCUREMENT STANDARDS FOR FEDERALLY FUNDED PROGRAMS Subrecipient shall establish procurement policies in accordance with 2 CFR Part 200.The Subrecipient's procurement system should include at least the following: A. A code or standard of conduct that shall govern the performance of its officers, employees, or agents engaged in the awarding of contracts using federal funds. B. Procedures that ensure all procurement transactions shall be conducted in a manner to provide,to the maximum extent practical, open and free competition. C. Minimum procedural requirements, as follows: i. Follow a procedure to assure the avoidance of purchasing unnecessary or duplicative items. ii. Solicitations shall be based upon a clear and accurate description of the technical requirements of the procured items. iii. Positive efforts shall be made to use small and minority-owned businesses. iv. The type of procuring instrument(fixed price, cost reimbursement)shall be determined by the Subrecipient, but must be appropriate for the particular procurement and for promoting the best interest of the program involved. v. Subcontracts shall be made only with reasonable subcontractors who possess the potential ability to perform successfully under the terms and conditions of the proposed procurement. vi. Some form of price or cost analysis should be performed in connection with every procurement action. vii. Procurement records and files for purchases shall include all the following: a. Subcontractor selection or rejection. b. The basis for the cost or price. c. Justification for lack of competitive bids if offers are not obtained. BILLING PROCEDURES The Subrecipient shall submit invoices monthly. Payment for approved goods and/or services will be made by check,warrant or account transfer within 30 days of receipt of a valid invoice. Upon expiration of the Agreement, invoices shall be paid, if received within 30 days after the expiration date. However, invoices for all work done by June 301"of each year must be submitted by July 15t". BILLING DETAIL Each invoice voucher submitted to the Agency by the Subrecipient shall include such information as is necessary for the Agency to determine the exact nature of all expenditures. Subrecipient must retain all back-up documentation to support invoices to WSDA,which must be made available to WSDA upon request. At a minimum,the Subrecipient shall specify the following: Page 4 of 12 WSDA Contract No. K5563 a. WSDA Agreement Number K5563. b. Subrecipient's Statewide Vendor Registration number assigned by Washington State Office of Financial Management(OFM). c. The month and year of the billed services. d. The total cost for each budget line item of Exhibit"B"—Budget for each month billed. e. The total invoice amount. If Subrecipient does not have an invoice template to request payment, Subrecipient can request a copy of a Certified State Invoice Voucher(Form A-19)from WSDA. Invoices shall be submitted electronically to WSDA's Contract Manager by the 20th of each month for services provided in the previous calendar month. Payment shall be made after acceptance by WSDA's Contract Manager of each deliverable as described in the Statement of Work. No payment in advance or in anticipation of services or supplies under this Contract shall be made by WSDA. Invoices and supporting documentation must be submitted within 90 days of completion of all services to be eligible for payment. If invoices and supporting documentation are not submitted within 90 days of the provision of service,then payment may be forfeited. Claims for payment submitted by the Subrecipient to WSDA for costs due and payable under this Contract that were incurred prior to the end date of the period of performance shall be paid if received by WSDA within 15 days. DUPLICATION OF BILLED COSTS The Subrecipient shall not bill the Agency for services performed under this contract, and the Agency shall not pay the Subrecipient, if the Subrecipient is entitled to payment or has been or will be paid by any other source, including grants,for that service. FUNDING CONTINGENCY In the event funding from state,federal, or other sources is withdrawn, reduced, or limited in anyway after the effective date of this Agreement and prior to completion of the work in this Agreement,the Agency may: a. Terminate this Agreement with 30 days advance notice. If this Agreement is terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination; b. Renegotiate the terms of the Agreement under those new funding limitations and conditions; c. After a review of project expenditures and deliverable status, extend the end date of this Agreement and postpone deliverables or portions of deliverables; or, d. Pursue such other alternative as the parties mutually agree to writing. MAINTENANCE OF RECORDS a. The parties to this Agreement shall each maintain books, records, documents and other evidence that sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the service(s) described herein. These records shall be subject to inspection, review or audit by personnel of both parties, other personnel duly authorized by either party,the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents, and other material relevant to this Agreement will be retained for six years after expiration of the contract, and the Office of the State Auditor,federal auditors, and any persons duly authorized by the parties shall Page 5 of 12 WSDA Contract No. K5563 have full access and the right to examine any of these materials during this period. b. If any litigation, claim or audit is started before the expiration of the six(6)year period,the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. c. Records and other documents, in any medium,furnished by one party to this Agreement to the other party,will remain the property of the furnishing party, unless otherwise agreed. The receiving party will not disclose or make available any confidential information to any third parties without first giving notice to the furnishing party and giving it a reasonable opportunity to respond. Each party will utilize reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. However,the parties acknowledge that State Agencies are subject to chapter 42.56 RCW,the Public Records Act. SITE SECURITY While on Agency premises,the Subrecipient, its agents, employees, or Subcontractors shall comply with the Agency security policies and regulations. RIGHTS IN DATA Unless otherwise provided, data that originates from this Agreement shall be"works for hire" as defined by the U.S. Copyright Act of 1976 and shall be owned by WSDA. Data shall include, but not be limited to, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs,films,tapes and/or sound reproductions. Ownership includes the right to copyright, patent, register, and the ability to transfer these rights. INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. AMENDMENT 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. SUBCONTRACTING a. "Subcontractor" means one not in the employment of a party to this Agreement,who is performing all or part of those services under this Agreement under a separate contract with a party to this Agreement. The terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier. b. Except as otherwise provided in the Agreement,the Subrecipient shall not subcontract any of the contracted services without the prior approval of the Agency. The Subrecipient is responsible to ensure that all terms, conditions, assurances and certifications set forth in this Agreement are included in any and all Subcontracts. Any failure of Subrecipient or its Subcontractors to perform the obligations of this Agreement shall not discharge Subrecipient from its obligations under this Agreement. Page 6 of 12 WSDA Contract No. K5563 TERMINATION FOR CONVENIENCE Either party may terminate this Agreement upon 30 calendar days' prior written notification to the other party. If this Agreement is so terminated,the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. TERMINATION FOR CAUSE If for any cause either party does not fulfill in a timely and proper manner its obligations under this Agreement, or if either party violates any of these terms and conditions,the aggrieved party will give the other party written notice of such failure or violation. The responsible party will be given the opportunity to correct the violation or failure within 15 working days. If the failure or violation is not corrected,this Agreement may be terminated immediately by written notice of the aggrieved party to the other. DISPUTES In the event that a dispute arises under this Agreement, either of the parties may request intervention by the Governor, as provided by chapter 43.17.330 RCW, in which event the Governor's process will control. LICENSING, BONDING, INDUSTRIAL INSURANCE AND OTHER INSURANCE COVERAGE Subrecipient shall ensure that all Subcontractors hired to perform services under this Agreement shall comply with all applicable licensing and bonding requirements for the type of service to be performed, and with the provisions of Title 51, Industrial Insurance. Subrecipient shall also ensure that all Subcontractors provide proof of an adequate amount of commercial general liability insurance coverage for the activities to be performed under any subcontract. GOVERNING LAWAND VENUE This Agreement shall be construed and interpreted in accordance with the laws of the state of Washington and the venue of any action brought under this Agreement shall be in Superior Court for Thurston County. ASSURANCES The parties agree that all activity pursuant to this Agreement shall be in accordance with all applicable federal, state and local laws, rules, and regulations as they currently exist or as amended. ASSIGNMENT The work to be provided under this Agreement, and any claim arising under this Agreement, is not assignable or delegable by either party in whole or in part,without the express prior written consent of the other party,which consent shall not be unreasonably withheld. WAIVER A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement. Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Agreement unless stated to be such in writing and signed by personnel authorized to bind each of the Page 7 of 12 WSDA Contract No. K5563 parties. SEVERABILITY If any term or condition of this Agreement is held invalid, such invalidity shall not affect the validity of the other terms or conditions of this Agreement. CONTRACT MANAGEMENT The contract manager for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Agreement. The Contract Manager for WSDA is: The Contract Manager for Subrecipient is: Andrea Litzow, Contracts Specialist David Windom Washington State Department of Agriculture Mason County Public Health and Human Services 1111 Washington St.SE, PO Box 4256 415 N 6th St. Olympia,WA 98504-2560 Shelton,WA 98584 Phone: (360)918-6914 Phone: (360)427-9670 E-Mail: Andrea.Litzow@Agr.wa.gov E-Mail: dwindom@masoncountywa.gov ORDER OF PRECEDENCE In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule,the inconsistency shall be resolved by giving precedence in the following order: a. Applicable state and federal statutes, and local laws, rules and regulations. b. This Agreement. c. Exhibit"A"Statement of Work d. Exhibit"B" Budget Page 8 of 12 WSDA Contract No. K5563 ALL WRITINGS CONTAINED HEREIN This Agreement, consisting of twelve (12) pages, contains all the terms and conditions agreed upon by the parties,which will be delivered in accordance with the WSDA General Terms and Conditions. It is executed by the persons signing below who warrant that they have the authority to execute the contract. No other understanding, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. IN WITNESS WHEREOF,the parties have executed this Agreement. Subrecipient Washington State Department of Agriculture David Windom Jason Ferrante (Print Name) (Print Name) Director Deputy Director (Title) (Title) (Signature) (Date) (Signature) (Date) Page 9 of 12 WSDA Contract No. K5563 Exhibit A STATEMENT OF WORK Background.To respond to sustained high rates of food insecurity and continued gaps in emergency food resources following the COVID-19 pandemic,WSDA and Mason County Public Health and Human Services are working together to facilitate county-directed procurement and distribution of emergency food to hunger relief organizations, including organizations that serve black, indigenous, people of color(BIPOC)and other socially disadvantaged communities. The purpose of this Agreement is to build and reinforce relationships among Washington state's emergency food response networks, including county and state government agencies and local hunger relief organizations. It also aims to support local farmers and producers to increase farm and food business viability and increase food security in Washington state,while contributing to long-term emergency preparedness and food system resilience. This Statement of Work describes the services that Subrecipient will perform though June 30, 2025. Services.The Subrecipient will perform the following services: 1. In compliance with County procurement policies and federal funding requirements, develop and implement county-directed procurement and distribution of emergency food to local hunger relief organizations that ensures equitable access to resources and purchasing of Washington grown and produced foods,when possible. Subrecipient may determine a variety of program activities based on identified community needs. 2. Complete reporting on project activities and food security recommendations for future public health emergencies. Schedule.The parties anticipate that the Subrecipient will perform services under this Statement of Work until the earlier of June 30, 2025, or the exhaustion of the funding commitment set forth below. The parties may agree on additional Statements of Work for services to be performed following the completion of this Statement of Work,which will be agreed upon through a fully executed amendment. Funding Commitment.WSDA has committed $27,131.11 for compensation to be paid to the Subrecipient for its satisfactory performance of services under this Statement of Work.The Subrecipient will not be obligated to perform any services and will not be compensated for services that do not fall within the funding commitment. Additional Details. 1. Subrecipient must begin services no later than December 1, 2024. 2. Subrecipient is required to allocate at least 50%of the total funding commitment to emergency food purchasing. Purchasing may be directly from farms and other local or regional food producers or through subcontracts to one or more qualified nonprofit hunger relief organizations based on identified community needs and is generally encouraged to source food from local or regional food producers wherever possible. 3. All Subrecipient and Subcontractors(where applicable) must comply with the following service terms: a. Must comply with all federal and state nondiscrimination laws, regulations, and policies. b. Prayer or religious services must not be required of individuals seeking emergency food. c. Emergency food must not be sold or bartered. It must be given freely to persons in need. Page 10 of 12 WSDA Contract No. K5563 d. Must comply with the WA Retail Food Code. Documents.The Subrecipient will produce and deliver the following written reports and other documents("deliverables") by the dates indicated in the following chart.The Subrecipient's delivery of each document will entitle the Subrecipient to submit an invoice for the applicable amount set forth below. Document Due Date Applicable Fee Monthly Summary of Expenses&Activities to include: Monthly on the 20th All allowable billed • Expenses by budget category for that month expenses will be • Direct purchasing summary by farm or food reimbursed up to vendor and amount budget totals by • New subaward agreements by organization category on name and total amount, if applicable Exhibit"B" Final report on project activities. Report to include: July 15, 2025 N/A • Total amount of funding spent on the purchase of food by Subrecipient or Subcontractor(s), • Summary of hunger relief organizations that received food or funding through this award, including organization name and location, • Number and list of farms and food producers Subrecipient or Subcontractor(s)sourced emergency food from, • Total amount of funding spent on the purchase of food per farm or food producer, • Number of households served by hunger relief organizations that received food or funding through this award during the period of performance, • Total pounds of food purchased by Subrecipient or Subcontractor(s), • Total pounds of food distributed by type: 1. Produce, 2. Meat, 3. Seafood, 4. Non-meat protein, 5. Dairy, 6. Grain,7. Other, and, • Lessons learned. Final report on food security recommendations related July 15, 2025 N/A to future public health emergencies. Report to include: • Recommendations on preferred communication channels between local government agencies and state government specific to food assistance and emergency food response; • A link to or copy of Mason County's current emergency response plan for feeding people during an emergency response, including existing community networks, and; • Lessons learned from COVID-19 food security response to inform future emergency actions. Page 11 of 12 WSDA Contract No. K5563 Exhibit B BUDGET The parties have estimated that the cost of accomplishing the work herein will not exceed $27,131.11. Direct Cost Category* Amount Comments Salaries&Benefits $0 N/A Pass-through Awards** $24,664.65 Awards to pass-through recipients will be for food purchases only. Food Purchases** $0 N/A Distribution &Transportation $0 N/A Indirect Costs $2,466.46 de Minimis indirect cost rate of 10%of MTDC Other(please describe) $0 N/A TOTAL $27,131.11 *WSDA requires a contract amendment for budget revisions that transfer funds among direct cost categories when the cumulative amount of such transfers exceeds 10 percent of the total approved budget. **WSDA requires at least 50%of the total funding commitment to be spent on the purchase of food, either through direct food purchasing by the subrecipient or through the recipient(s)of the pass-through award(s). Therefore, WSDA expects that a minimum of$13,565.55 will be reported on food purchases during the period of performance. Page 12 of 12 C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Melissa Casey Ext.404 Department: Public Health Briefing: 0 Action Agenda: 0 Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): 5/20/24,6/3/24, 8/5/24, 10/14/24, Agenda Date: 11/5/24 10/28/24 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• Crossroads Housing Consolidated Homeless Grant Contract Amendment Background/Executive Summary: The Department of Commerce Contract#24-46108-20 Amendment C, adding SFY25 CHG Standard and Local Document Report Fee Support funds,was approved by the Board on the 6/4/24 action agenda. A competitive RFP was released for a total of$512,085; the purpose of these funds is to further develop and expand programs that intersect with the Homeless Response System. Four agencies submitted proposals for six different programs; the Housing&Behavioral Health Advisory Board(HBHAB)made the recommendation to fund$112,000 for Crossroads Housing,which was approved by the Board on the 10/22/24 action agenda. Budget Impact(amount, funding source,budget amendment): Funding Source: Consolidated Homeless Grant. $112,000 awarded to Crossroads Housing Public Outreach (news release,community meeting, etc.): Followed the Request for Proposal Process with news releases and email blasts; HBHAB reviewed applications and made funding recommendations Requested Action: Approval of the Consolidated Homeless Grant(CHG) amendment with Crossroads Housing in the amount of$112,000. Attachments Crossroads Housing FY24-25 CHG.2163.TST Amendment#6 Contract Between Mason County and Crossroads Housing Professional Services Contract#CHFY24-25.CHG.2163.TST (MC Contract#23-037) Amendment#6 IT IS MUTUALLY AGREED THEREFORE That the Original Contract is hereby amended as follows: 1. PURPOSE: Provide additional funding to support additional rent for the CHG Eviction Prevention Program, increased utilities and supplies for the shower program, and Coordinate Entry Diversion financial assistance. 2. FUND SOURCE: Consolidated Homeless Grant 3. AMENDMENT TERM: July 1, 2024, through June 30, 2025 4. TOTAL ADDITIONAL AWARD: $112,000 New CHG Category Starting Amended Total New Budget Amount Budget Local DRF Support 2025 86,804 $112,000 $198,804 Budget Breakdown: LDR DRF Support 2025 for Shower Program $12,000 LDR DRF Support 2025 for CE Diversion $25,000 LDR DRF Support 2025 for EP Rent $75,000 5. INVOICE: Update the invoice spend-down with the amended amount and ensure that all funds are coded to the Local DRF Support 2025 budget line of the Consolidated Homeless Grant. ALL OTHER TERMS AND CONDITIONS of the original Contract remain in full force and effect. IN WITNESS WHEREOF, the undersigned has affixed his/her signature in execution thereof on the day of , 2024. CONTRACTOR MASON COUNTY Tany razier Randy Neatherlin, Chair Executive Director Mason County Board of County Commissioners 1 PEON COU��� Mason County Agenda Request Form 1854 To: Board of Mason County Commissioners From: Tammi Wright for John Taylor Ext. 806 Department: Emergency Management Briefing: Action Agenda: ❑X Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): October 28,2024 Agenda Date: November 5,2024 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• FY24—Emergency Management Performance Grant(EMPG)contract E25-112.Performance period is June 1,2024—September 30, 2025 Background/Executive Summary: This grant originates from the US Department of Homeland Security to Washington State Military Department to State EMD then to us at the county level. The EMPG grant is a yearly reimbursable grant we have been receiving since 2007. The purpose of EMPG is to assist with the enhancement, sustainment and improvement of state, local, and tribal emergency management programs. The grant fund will support the purchase of expanding and standardizing our CERT trailers (CERT backpacks), fund the renewal of the 2025 contract with CodeRed, continue the plan to upgrade and outfit the Primary& Secondary EOCs, complete the last phase of the mobile communications van operational capability, and purchase all hazards community outreach and preparedness materials and supplies. The 2024 amount is$4,437 less than in 2023 ($35,890). We will be receiving$31,453 for the 2024 grant. There is a 50%match to the grant,which comes from 2024/2025 Personnel&Fringe Benefits and facility rental. The grant paperwork has been reviewed by the Mason County Prosecuting Attorney's Office as to form. Budget Impact(amount,funding source,budget amendment): Increase 2025 budget revenue for Emergency Management and spending authority for the grant amount $31,453. Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval of the FY24—Emergency Management Performance Grant(EMPG) contract no. E25-112. Attachments FY24 EMPG grant contract E25-112,Debarment Certification, and Signature Authorization Form Washington State Military Department EMERGENCY MANAGEMENT PERFORMANCE GRANT AGREEMENT FACE SHEET 1. Subrecipient Name and Address: 2. Grant Agreement Amount: 3. Grant Agreement Number: Mason County $31,453 E25-112 Division Emergency Management(DEM) PO BOX 429 SHELTON,WA 98584 4. Subrecipient Contact, phone/email: 5. Grant Agreement Start Date: 6. Grant Agreement End Date: Tammi Wright, 360-427-9670 x800 June 1, 2024 September 30, 2025 tammiw@masoncountywa.gov 7. Department Contact, phone/email: 8. Unique Entity Identifier(UEI): 9. UBI #(state revenue): Jocelyn Overby,253-512-7226 SNAXPBGW4VR4 232-002-101 Jocelyn.Overby@mil.wa.gov 10. Funding Authority: Washington State Military Department(the"DEPARTMENT")and the U.S. Department of Homeland Security(DHS) 11. Federal Award ID#(FAIN): 12. Federal Award Date: 13.Assistance Listings#&Title: EMS-2024-EP-05000 9/9/2024 97.042 24EMPG 14. Total Federal Amount: 15. Program Index#&OBJ/SUB-OBJ: 16. EIN: $6,821,397 743PT NZ 91-6001354 17. Service Districts: 18. Service Area by County(ies): 19. Women/Minority-Owned, State (BY LEGISLATIVE DISTRICT): 35 Mason County Certified: ❑X N/A ❑ NO (BY CONGRESSIONAL DISTRICT): 6, 10 ❑ YES, OMWBE# 20. Agreement Classification: 21. Contract Type(check all that apply): ❑ Personal Services ❑ Client Services ❑X Public/Local Gov't ❑ Contract ❑X Grant ❑X Agreement ❑ Research/Development ❑ A/E ❑ Other ❑ Intergovernmental (RCW 39.34) ❑ Interagency 22. Subrecipient Selection Process: 23. Subrecipient Type(check all that apply): ❑X "To all who apply&qualify" ❑ Competitive Bidding ❑ Private Organization/Individual ❑ For-Profit ❑ Sole Source ❑ A/E RCW ❑ N/A ❑X Public Organization/Jurisdiction ❑ Non-Profit ❑ Filed w/OFM? ❑ Advertised? ❑ YES ❑ NO I ❑ CONTRACTOR ❑X SUBRECIPIENT ❑ OTHER 24. PURPOSE& DESCRIPTION: The purpose of the Fiscal Year (FY) 2024 Emergency Management Performance Grant (24EMPG) program is to provide U.S. Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) Federal award funds to states to assist state, local, territorial, and tribal governments in preparing for all hazards through sustainment and enhancement of those programs as described in the Work Plan. The Department is the Recipient and Pass-through Entity of the 24EMPG DHS Award Letter for Grant No. EMS-2024-EP-05000 ("Grant"), which is incorporated in and attached hereto as Attachment C and has made a subaward of Federal award funds to the Subrecipient pursuant to this Agreement.The Subrecipient is accountable to the Department for use of Federal award funds provided under this Agreement and the associated matching funds. IN WITNESS WHEREOF, the Department and Subrecipient acknowledge and accept the terms of this Agreement, including all referenced Attachments which are hereby incorporated in and made a part hereof, and have executed this Agreement as of the date below. This Agreement Face Sheet; Special Terms&Conditions(Attachment A); General Terms and Conditions(Attachment B);24EMPG Award Letter EMS-2024-EP-05000 (Attachment C); Work Plan (Attachment D); Timeline (Attachment E); Budget (Attachment F); Build America, Buy America Act Self-Certification (Attachment G); and all other documents expressly referenced and incorporated herein contain all the terms and conditions agreed upon by the parties and govern the rights and obligations of the parties to this Agreement. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. In the event of an inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: 1. Applicable Federal and State Statutes and Regulations 4. Special Terms and Conditions 2. DHS/FEMA Award and program documents 5. General Terms and Conditions,and, 3. Work Plan,Timeline, and Budget 6. Other provisions of the Agreement incorporated by reference WHEREAS,the parties hereto have executed this Agreement on the day and year last specified below. FOR THE DEPARTMENT: FOR THE SUBRECIPIENT: Signature Date Signature Date Regan Anne Hesse, Chief Financial Officer Mark Neary, County Administrator Washington State Military Department Mason County BOILERPLATE APPROVED AS TO FORM: APPROVED AS TO FORM (if applicable): Dierk Meierbachtol July 12, 2024 Assistant Attorney General Signature Date DHS-FEMA-EMPG-FY24 Page 1 of 46 Mason County, E25-112 Attachment A SPECIAL TERMS AND CONDITIONS ARTICLE I. KEY PERSONNEL The individuals listed below shall be considered key personnel for point of contact under this Agreement. Any substitution of key personnel by either party shall be made by written notification to the current key personnel. SUBRECIPIENT DEPARTMENT Name Tammi Wright Name Jocelyn Overby Title Senior EM Coordinator Title Program Coordinator Email tammiw@masoncountywa.gov Email Jocelyn.Overby@mil.wa.gov Phone 360-427-9670 x800 Phone 253-512-7226 Name John M. Taylor Name Peter Drance Title Emergency Management, Parks & Title Program Manager Recreations Manager Email jtaylor@masoncountywa.gov Email peter.drance@mil.wa.gov Phone 360-427-9670, ext. 806 Phone 253-512-7322 Name Diane Zoren Name Grant Miller Title Central Services Manager Title Pro ram Assistant Email dlz@masoncountywa.gov Email grant.miller@mil.wa.gov Phone 360-427-9670 x747 Phone 1 253-512-7061 ARTICLE II. ADMINISTRATIVE AND/OR FINANCIAL REQUIREMENTS The Subrecipient shall comply with all applicable state and federal laws, rules, regulations, requirements and program guidance identified or referenced in this Agreement and the informational documents published by DHS/FEMA applicable to the 24EMPG Program, including, but not limited to, all criteria, restrictions, and requirements of "The U.S. Department of Homeland Security (DHS) Notice of Funding Opportunity (NOFO) Fiscal Year 2024 Emergency Management Performance Grant Program" (hereafter "the NOFO"), the Preparedness Grants Manual, FM-207-23-0001 April 2024 (hereafter "the Manual"), the DHS Award Letter for the Grant, and the federal regulations commonly applicable to DHS/FEMA grants, all of which are incorporated herein by reference. The DHS Award Letter is incorporated in this Agreement as Attachment C. The Subrecipient acknowledges that since this Agreement involves federal award funding, the performance period may begin prior to the availability of appropriated federal funds. The Subrecipient agrees that it will not hold the Department, the State of Washington, or the United States liable for any damages, claim for reimbursement, or any type of payment whatsoever for services performed under this Agreement prior to distribution of appropriated federal funds, or if federal funds are not appropriated or in a particular amount. A. STATE AND FEDERAL REQUIREMENTS FOR DHS/FEMA PREPAREDNESS GRANTS: The following requirements apply to all DHS/FEMA Preparedness Grants administered by the Department. 1. SUBAWARDS & CONTRACTS BY SUBRECIPIENT a. The Subrecipient must make a case-by-case determination whether each agreement it makes for the disbursement of 24EMPG funds received under this Agreement casts the party receiving the funds in the role of a subrecipient or contractor in accordance with 2 CFR 200.331. b. If the Subrecipient becomes a pass-through entity by making a subaward to a non-federal entity as its subrecipient: i. The Subrecipient must comply with all federal laws and regulations applicable to pass-through entities of 24EMPG funds, including, but not limited to, those contained in 2 CFR 200. ii. The Subrecipient shall require its subrecipient(s) to comply with all applicable state and federal laws, rules, regulations, requirements, and program guidance identified or referenced in this Agreement and the informational documents published by DHS/FEMA applicable to the 24EMPG Program, including, but not DHS-FEMA-EMPG-FY24 Page 2 of 46 Mason County, E25-112 limited to, all criteria, restrictions, and requirements of the NOFO, the Manual, the DHS Award Letter for the Grant in Attachment C, and the federal regulations commonly applicable to DHS/FEMA grants. iii. The Subrecipient shall be responsible to the Department for ensuring that all 24EMPG federal award funds provided to its subrecipients, and associated matching funds, are used in accordance with applicable federal and state statutes and regulations, and the terms and conditions of the federal award set forth in Attachment C of this Agreement. iv. The Subrecipient must follow their own policies and procedures to eliminate or reduce the impact of conflicts of interest when making subawards, adhering to any applicable federal or state statutes or regulations. Any real or potential conflicts of interest must be reported to the Department in writing upon discovery. 2. BUDGET, REIMBURSEMENT, AND TIMELINE a. Within the total Grant Agreement Amount, travel, subcontracts, salaries, benefits, printing, equipment, and other goods and services or other budget categories will be reimbursed on an actual cost basis upon completion unless otherwise provided in this Agreement. b. The maximum amount of all reimbursement requests permitted to be submitted under this Agreement, including the final reimbursement request, is limited to and shall not exceed the total Grant Agreement Amount. C. If the Subrecipient chooses to include indirect costs within the Budget (Attachment F), additional documentation is required based on the applicable situation. As described in 2 CFR 200.414 and Appendix VII to 2 CFR 200: i. If the Subrecipient receives direct funding from any Federal agency(ies), documentation of the rate must be submitted to the Department Key Personnel per the following: A. More than $35 million, the approved indirect cost rate agreement negotiated with its federal cognizant agency. B. Less than $35 million, the indirect cost proposal developed in accordance with Appendix VI of 2 CFR 200 requirements. ii. If the Subrecipient does not receive direct federal funds (i.e., only receives funds as a subrecipient), the Subrecipient must either elect to charge a de minimis rate of ten percent (10%) or 10% of modified total direct costs or choose to negotiate a higher rate with the Department. If the latter is preferred, the Subrecipient must contact Department Key Personnel to request approval from FEMA per 2CFR 200.102(b).. d. For travel costs, the Subrecipient shall comply with 2 CFR 200.475 and should consult their internal policies, state rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or amended, and federal maximum rates set forth at .https://www.gsa.gov, and follow the most restrictive. If travel costs exceed set state or federal limits, travel costs shall not be reimbursed without written approval by Department Key Personnel. All international travel requires prior FEMA approval. e. Reimbursement requests will include a properly completed State A-19 Invoice Form and Reimbursement Spreadsheet (in the format provided by the Department) detailing the expenditures for which reimbursement is sought. Reimbursement requests must be submitted to Reimbursements(a)-mil.wa.gov no later than the due dates listed within the Timeline (Attachment E). Reimbursement request totals should be commensurate to the time spent processing by the Subrecipient and the Department. f. Receipts and/or backup documentation for any approved items that are authorized under this Agreement must be maintained by the Subrecipient consistent with record retention DHS-FEMA-EMPG-FY24 Page 3 of 46 Mason County, E25-112 requirements of this Agreement and be made available upon request by the Department and auditors. g. The Subrecipient must request prior written approval from Department Key Personnel to waive or extend a due date in the Timeline (Attachment E). Waiving or missing deadlines serves as an indicator for assessing an agency's level of risk of noncompliance with the regulations, requirements, and the terms and conditions of the Agreement and may increase required monitoring activities. For waived or extended reimbursement due dates, all allowable costs should be submitted on the next scheduled reimbursement due date contained in the Timeline. Any request for a waiver or extension of a due date in the Timeline will be treated as a request for Amendment of the Agreement. This request must be submitted to the Department Key Personnel sufficiently in advance of the due date to provide adequate time for Department review and consideration and may be granted or denied within the Department's sole discretion. h. All work under this Agreement must end on or before the Grant Agreement End Date, and the final reimbursement request must be submitted to the Department within the time period notated in the Timeline (Attachment E) except as otherwise authorized by either(1) written amendment of this Agreement or(2)written notification from the Department to the Subrecipient to provide additional time for completion of the Subrecipient's project(s). If funds are not required, the Subrecipient shall notify the Department Key Personnel. i. All costs for equipment and supplies must be incurred, and items received, before the Grant Agreement End Date. j. Failure to submit timely, accurate, and complete reports and reimbursement requests as required by this Agreement (including, but not limited to, those reports in the Timeline (Attachment E)will prohibit the Subrecipient from being reimbursed until such reports and reimbursement requests are submitted and the Department has had reasonable time to conduct its review. k. Final reimbursement requests will not be approved for payment until the Subrecipient is current with all reporting requirements contained in this Agreement. I. A written amendment will be required if the Subrecipient expects cumulative transfers to approved, direct budget categories, as identified in the Budget (Attachment F), to exceed ten percent(10%)of the Grant Agreement Amount. Any changes to budget category totals not in compliance with this paragraph will not be reimbursed without approval from the Department. M. Subrecipients shall only use federal award funds under this Agreement to supplement existing funds and will not use them to replace (supplant) non-federal funds that have been budgeted for the same purpose. The Subrecipient may be required to demonstrate and document that a reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds. 3. REPORTING a. With each reimbursement request, the Subrecipient shall report how the expenditures, for which reimbursement is sought, relate to the Work Plan (Attachment D) activities in the format provided by the Department. b. With the final reimbursement request, the Subrecipient shall submit to the Department Key Personnel a final report (in the format provided by the Department) describing all completed activities under this Agreement, status of training course completion by individual personnel, how the match was met and documented, and progress made with NQS implementation. C. The Subrecipient shall comply with the Federal Funding Accountability and Transparency Act(FFATA) and related OMB Guidance consistent with Public Law 109-282 as amended by section 6202(a) of Public Law 110-252 (see 31 U.S.C. 6101 note) and complete and return to the Department an Audit Certification/FFATA Form. This form is required to be completed once per calendar year, per Subrecipient, and not per agreement. The DHS-FEMA-EMPG-FY24 Page 4 of 46 Mason County, E25-112 Department's Contracts Office will request the Subrecipient submit an updated form at the beginning of each calendar year in which the Subrecipient has an active agreement. d. To document compliance with the National Incident Management System (NIMS), the Subrecipient shall complete the annual NIMS survey conducted by Washington Emergency Management Division (EMD). 4. NIMS COMPLIANCE a. The National Incident Management System (NIMS) identifies concepts and principles that answer how to manage emergencies from preparedness to recovery regardless of their cause, size, location, or complexity. NIMS provides a consistent, nationwide approach and vocabulary for multiple agencies or jurisdictions to work together to build, sustain, and deliver the core capabilities needed to achieve a secure and resilient nation. b. Consistent implementation of NIMS provides a solid foundation across jurisdictions and disciplines to ensure effective and integrated preparedness, planning, and response. NIMS empowers the components of the National Preparedness System, a requirement of Presidential Policy Directive 8, to guide activities within the public and private sector and describes the planning, organizational activities, equipping, training, and exercising needed to build and sustain the core capabilities in support of the National Preparedness Goal. C. In order to receive federal preparedness funding from the Department, the Subrecipient must ensure and maintain adoption and implementation of NIMS. See Agreement Attachment A, Article II section 3.c. for associated reporting requirements. The list of objectives used for progress and achievement reporting can be found at https://www.fema.gov/emergency-managers/nims/implementation-training. d. FEMA requires phased implementation of the National Qualification System (NQS) for EMPG subrecipients. The NQS Implementation Objectives reflect the concepts and principles contained in NQS doctrine and aim to promote consistency in NQS implementation nationwide. Subrecipients will be considered in compliance with NQS requirements as long as they are working towards implementing the NQS Implementation Objectives can be found at https://www.fema.gov/sites/default/files/documents/fema nims-ngs-implementation- objectives fact-sheet.pdf. Only EMPG-funded deployable personnel (determined by the Subrecipient) will be required to meet NQS certification requirements. For 24EMPG NQS Phase 2 of implementation, Subrecipients must: i. Design procedures for an organizational qualification system and subsequently document approval. ii. Ensure designated EMPG-funded deployable personnel meet the minimum training requirements for their job title/position qualification. iii. Track qualification, certification and credentialling for EMPG-funded deployable personnel. iv. Describe the status of implementation as a part of the annual NIMS survey conducted by EMD staff at the end of the calendar year. V. Note within the EMPG final report which EMPG funded personnel are categorized as deployable and status of implementation, as applicable. 5. EQUIPMENT AND SUPPLY MANAGEMENT a. The Subrecipient and any non-federal entity to which the Subrecipient makes a subaward shall comply with 2 CFR 200.317 through 200.327, and all Washington State procurement statutes, when procuring any equipment or supplies under this Agreement, 2 CFR 200.313 for management of equipment, and 2 CFR 200.314 for management of supplies, to include, but not limited to: DHS-FEMA-EMPG-FY24 Page 5 of 46 Mason County, E25-112 i. Upon successful completion of the terms of this Agreement, all equipment and supplies purchased through this Agreement will be owned by the Subrecipient, or a recognized non-federal entity to which the Subrecipient has made a subaward, for which a contract, Subrecipient grant agreement, or other means of legal transfer of ownership is in place. ii. All equipment, and supplies as applicable, purchased under this Agreement will be recorded and maintained in the Subrecipient's inventory system. iii. Inventory system records shall include: A. Description of the property B. Manufacturer's serial number, or other identification number C. Funding source for the property, including the Federal Award Identification Number (FAIN) (Face Sheet, Box 11) D. Assistance Listings Number (Face Sheet, Box 13) E. Who holds the title F. Acquisition date G. Cost of the property and the percentage of federal participation in the cost H. Location, use, and condition of the property at the date the information was reported I. Disposition data including the date of disposal and sale price of the property. iv. The Subrecipient shall take a physical inventory of the equipment, and supplies as applicable, and reconcile the results with the property records at least once every two years. Any differences between quantities determined by the physical inspection and those shown in the records shall be investigated by the Subrecipient to determine the cause of the difference. The Subrecipient shall, in connection with the inventory, verify the existence, current utilization, and continued need for the equipment. V. The Subrecipient shall be responsible for any and all operational and maintenance expenses and for the safe operation of the equipment and supplies including all questions of liability. The Subrecipient shall develop appropriate maintenance schedules and procedures to ensure the equipment, and supplies as applicable, are well maintained and kept in good operating condition. vi. The Subrecipient shall develop a control system to ensure adequate safeguards to prevent loss, damage, and theft of the property.Any loss, damage, or theft shall be investigated, and a report generated and sent to the Department's Key Personnel. vii. The Subrecipient must obtain and maintain all necessary certifications and licenses for the equipment. viii. If the Subrecipient is authorized or required to sell the property, proper sales procedures must be established and followed to ensure the highest possible return. For disposition, if upon termination or at the Grant Agreement End Date, when original or replacement supplies or equipment acquired under a federal award are no longer needed for the original project or program or for other activities currently or previously supported by a federal awarding agency, the Subrecipient must comply with the following procedures: A. For Supplies: If there is a residual inventory of unused supplies exceeding $5,000 in total aggregate value upon termination or completion of the project or program and the supplies are not needed for any other federal DHS-FEMA-EMPG-FY24 Page 6 of 46 Mason County, E25-112 award, the Subrecipient must retain the supplies for use on other activities or sell them, but must, in either case, compensate the federal government for its share. The amount of compensation must be computed in the same manner as for equipment. B. For Equipment: 1) Items with a current per-unit fair-market value of$5,000 or less may be retained, sold, transferred, or otherwise disposed of with no further obligation to the federal awarding agency. 2) Items with a current per-unit fair-market value in excess of $5,000 may be retained or sold. The Subrecipient shall compensate the federal awarding agency in accordance with the requirements of 2 CFR 200.313 (e) (2). C. Notify Department Key Personnel to initiate the disposition process by the federal awarding agency. ix. Records for equipment shall be retained by the Subrecipient for a period of six years from the date of the disposition, replacement, or transfer. If any litigation, claim, or audit is started before the expiration of the six-year period, the records shall be retained by the Subrecipient until all litigation, claims, or audit findings involving the records have been resolved. b. The Subrecipient shall comply with the Department's Purchase Review Process, which is incorporated by reference and made part of this Agreement. No reimbursement will be provided unless the appropriate approval has been received. C. Allowable equipment categories for the grant program are listed on the Authorized Equipment List (AEL) located on the FEMA website at https://www.fema.gov/qrants/guidance-tools/authorized-equipment-list. It is important that the Subrecipient and any non-federal entity to which the Subrecipient makes a subaward regard the AEL as an authorized purchasing list identifying items allowed under the specific grant program; the AEL includes items that may not be categorized as equipment according to the federal, state, local, and tribal definitions of equipment. The Subrecipient is solely responsible for ensuring and documenting purchased items under this Agreement are authorized as allowed items by the AEL at time of purchase. If the item is not identified on the AEL as allowable under the grant program, the Subrecipient must contact the Department Key Personnel for assistance in seeking FEMA approval prior to acquisition. d. Equipment might require more than one waiver. The Subrecipient must contact the Department Key Personnel for assistance in identifying what waivers are needed and in seeking FEMA approval prior to acquisition. e. Equipment purchases (those with a current per-unit fair market value in excess of $5,000) must be identified and explained to the Department. Use, management, and disposition of such equipment is subject to requirements outlined in 2 CFR 200.313. Before making such purchases, the Subrecipient should analyze the cost benefits of purchasing versus leasing equipment, especially those subject to rapid technical advances. f. Unless expressly provided otherwise, all equipment must meet all mandatory regulatory state and DHS/FEMA adopted standards to be eligible for purchase using federal award funds. g. If funding is allocated to support emergency communications activities, the Subrecipient must ensure that all projects comply with SAFECOM Guidance on Emergency Communications Grants, located at https://www.cisa.gov/safecom/funding, including provisions on technical standards that ensure and enhance interoperable communications. DHS-FEMA-EMPG-FY24 Page 7 of 46 Mason County, E25-112 h. Effective August 13, 2020, FEMA recipients and subrecipients, as well as their contractors and subcontractors, may not obligate or expend any FEMA award funds to: i. Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; ii. Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; or iii. Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition regarding certain telecommunications and video surveillance services or equipment is mandated by section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 115-232 (2018) and 2 CFR 200.216, 200.327, 200.471, and Appendix 11 to 2CFR200. Recipients and subrecipients may use DHS/FEMA grant funding to procure replacement equipment and services impacted by this prohibition, provided the costs are otherwise consistent with the requirements of the Manual and the NOFO. Per subsections 889(f)(2)-(3) of the FY 2019 NDAA, and 2 CFR 200.216, covered telecommunications equipment or services means: iv. Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); V. For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); vi. Telecommunications or video surveillance services provided by such entities or using such equipment; or vii. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. i. The Subrecipient must pass through equipment and supply management requirements that meet or exceed the requirements outlined above to any non-federal entity to which the Subrecipient makes a subaward under this Agreement. 6. ENVIRONMENTAL AND HISTORICAL PRESERVATION a. The Subrecipient shall ensure full compliance with the DHS/FEMA Environmental Planning and Historic Preservation (EHP) program. EHP program information can be found at https://www.fema.gov/grants/guidance-tools/environmental-historic all of which are incorporated in and made a part of this Agreement. b. Projects that have historical impacts or the potential to impact the environment, including, but not limited to, construction of communication towers; modification or renovation of existing buildings, structures and facilities; installation of sonar system; or new construction including replacement of facilities, must participate in the DHS/FEMA EHP review process prior to initiation. Modification of existing buildings, including minimally invasive improvements such as attaching monitors to interior walls, and training or exercises occurring outside in areas not considered previously disturbed, also require a DHS/FEMA EHP review before project initiation. DHS-FEMA-EMPG-FY24 Page 8 of 46 Mason County, E25-112 C. The EHP review process involves the submission of a detailed project description that includes the entire scope of work, including any alternatives that may be under consideration, along with supporting documentation so FEMA may determine whether the proposed project has the potential to impact environmental resources and/or historic properties. d. The Subrecipient agrees that to receive any federal preparedness funding, all EHP compliance requirements outlined in applicable guidance must be met. The EHP review process must be completed and FEMA approval received by the Subrecipient before any work is started for which reimbursement will be later requested. Expenditures for projects started before completion of the EHP review process and receipt of approval by the Subrecipient will not be reimbursed. 7. PROCUREMENT The Subrecipient shall comply with all procurement requirements of 2 CFR Part 200.317 through 200.327 and as specified in the General Terms and Conditions (Attachment B, A.10). a. For all contracts expected to exceed the simplified acquisition threshold, per 2 CFR 200.1, the Subrecipient must notify the Department. The Department may request pre- procurement documents, such as request for proposals, invitations for bids and independent cost estimates. This requirement must be passed on to any non-federal entity to which the Subrecipient makes a subaward, at which point the Subrecipient will be responsible for requesting and reviewing pre-procurement documents. b. For all sole source contracts expected to exceed the micro-purchase threshold per 2 CFR 200.1, the Subrecipient must submit justification to the Department for review and approval. This requirement must be passed on to any non-federal entity to which the Subrecipient makes a subaward, at which point the Subrecipient will be responsible for reviewing and approving sole source justifications to any non-federal entity to which Subrecipient makes any award. C. The Subrecipient as well as its contractors and subcontractors must comply with the Build America, Buy America Act (BABAA), which was enacted as a part of the Infrastructure Investment and Jobs Act §§ 70901-70297, Pub. L. No. 117-58 (2021); and Executive Order 14005, Ensuring the Future is Made in All of America by All of America's Workers. BABAA requires any infrastructure project receiving federal funding must ensure: i. All iron and steel used in the project are produced in the United States. This means all manufacturing processes, from initial melting stage through the application of coatings, occurred in the United States. ii. All manufactured products must be produced in the United States. For a manufactured product to be considered produced in the United States, the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States must be greater than 55% of the total cost of all minimum amount of domestic content of manufactured product, unless subject to another standard. iii. All construction materials are manufactured in the United States. This means that all manufacturing processes for construction material occurred in the United States. Additionally, applicable infrastructure projects are subject to domestic preference requirements. A domestic preference does not apply to non-infrastructure spending under an award that also includes a covered project. A domestic preference applies to an entire infrastructure project, even if it is funded by both federal and non-federal funds under one or more awards. i. Domestic preferences under BABAA only apply to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a domestic preference apply to DHS-FEMA-EMPG-FY24 Page 9 of 46 Mason County, E25-112 equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of or permanently affixed to the structure. ii. Infrastructure, for the purposes of BABAA, includes, at a minimum, the structures, facilities, and equipment for, in the United States, roads, highways and bridges; public transportation; dams, ports, harbors and other maritime facilities; intercity passenger and freight railroads; freight and intermodal facilities; airports; water systems, including drinking water and wastewater systems; electrical transmission facilities and systems; utilities; broadband infrastructure; and buildings and real property. Infrastructure includes facilities that generate, transport, and distribute energy. iii. The Subrecipient's contractors and their subcontractors who apply or bid for an award for an infrastructure project subject to the domestic preference requirement in the BABAA shall file a required certification to the Subrecipient with each bid or offer for an infrastructure project, unless a domestic preference requirement is waived by FEMA. Contractors and subcontractors must certify that no federal financial assistance funding for infrastructure projects will be provided unless all the iron, steel, manufactured projects, and construction materials used in the project are produced in the United States. BABAA, Pub. L. No. 117-58, §§ 70901-52. Contractors and subcontractors shall also disclose any use of federal financial assistance for infrastructure projects that does not ensure compliance with BABAA domestic preference requirement. Such disclosures shall be forwarded to the Subrecipient who will forward them to the Department who, in turn, will forward the disclosures to FEMA. The Build America, Buy America Act Self-Certification form is included herein as Attachment G. If the Subrecipient is interested in applying for a waiver, the Subrecipient should contact the Department Key Personnel to determine the requirements. All waiver requests must include a detailed justification for the use of goods, products, or materials mined, produced, or manufactured outside the United States and a certification that there was a good faith effort to solicit bids for domestic products supported by terms included in requests for proposals, contracts, and nonproprietary communications with potential suppliers. 8. SUBRECIPIENT MONITORING a. The Department will monitor the activities of the Subrecipient from award to closeout. The goal of the Department's monitoring activities is to ensure that subrecipients receiving federal pass-through funds are in compliance with this Agreement, federal and state audit requirements, federal grant guidance, and applicable federal and state financial regulations, as well as 2 CFR Part 200 Subpart F. b. To document compliance with 2 CFR Part 200 Subpart F requirements, the Subrecipient shall complete and return to the Department an Audit Certification/FFATA form. Reporting requirements are referenced in section 3.c. C. Monitoring activities may include, but are not limited to: i. Review of financial and performance reports ii. Monitoring and documenting the completion of Agreement deliverables iii. Documentation of phone calls, meetings (e.g. agendas, sign-in sheets, meeting minutes), a-mails and correspondence iv. Review of reimbursement requests and supporting documentation to ensure allowability and consistency with Agreement work plan, budget, and federal requirements V. Observation and documentation of Agreement related activities, such as exercises, training, events, and equipment demonstrations DHS-FEMA-EMPG-FY24 Page 10 of 46 Mason County, E25-112 vi. On-site visits to review equipment records and inventories, to verify source documentation for reimbursement requests and performance reports, and to verify completion of deliverables. d. The Subrecipient is required to meet or exceed the monitoring activities, as outlined above, for any non-federal entity to which the Subrecipient makes a subaward as a pass- through entity under this Agreement. e. Compliance will be monitored throughout the performance period to assess risk. Concerns will be addressed through a Corrective Action Plan. 9. LIMITED ENGLISH PROFICIENCY (CIVIL RIGHTS ACT OF 1964 TITLE VI) a. The Subrecipient must comply with the Title VI of the Civil Rights Act of 1964 (Title VI) prohibition against discrimination on the basis of national origin, which requires that subrecipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. FEMA Policy FP-256-23-001 (www.fema.gov/sites/default/files/documents/fema )policy- language-access.pdf)further stresses this requirement applies to anyone awarded FEMA funding. Providing meaningful access for persons with LEP may entail providing language assistance services, including oral interpretation and written translation. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency(August 11, 2000), requires federal agencies to issue guidance to recipients, assisting such organizations and entities in understanding their language access obligations. DHS published the required recipient guidance in April 2011, DHS Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 76 Fed. Reg. 21755-21768, (April 18, 2011). The Guidance provides helpful information such as how a recipient can determine the extent of its obligation to provide language services, selecting language services, and elements of an effective plan on language assistance for LEP persons. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance at https://www.dhs.gov/guidance-published-help- department-supported-organizations-provide-meaningful-access-people-limited and additional resources on https://www.lep.gov. b. Subrecipients are encouraged to perform and document their analysis of the most appropriate language assistance services necessary to ensure a LEP individual has meaningful access to the Subrecipient's programs and activities. The analysis should consider i. The number or proportion of LEP individuals eligible to be served or likely encountered by the program ii. The frequency with which LEP individuals come in contact with the program iii. The nature and importance of the program, activity, or service provided by the program to people's lives iv. The resources available to the program and costs B. EMPG PROGRAM SPECIFIC REQUIREMENTS The Department receives EMPG funding from DHS/FEMA, to assist state, local, and tribal governments to enhance and sustain all-hazards emergency management capabilities as authorized by Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended (42 U.S.C. §§ 5121 et seq.) and Section 662 of the Post Katrina Emergency Management Act (6 U.S.C. § 762). A portion of the grant program is passed through to local jurisdictions and tribes with emergency management programs to supplement their local/tribal operating budgets to help sustain and enhance emergency management capabilities pursuant to Washington Administrative Code (WAC) 118-09. a. The Subrecipient shall use the EMPG funds authorized under this Agreement only to perform tasks as described in the Work Plan (Attachment D) and the Subrecipient's approved application for funding, incorporated into this Agreement. DHS-FEMA-EMPG-FY24 Page 11 of 46 Mason County, E25-112 b. Funding may not be used to replace or supplant non-federal funding of emergency management programs. C. The Subrecipient shall provide a fifty percent (50%) cash match from non-federal source(s). The Federal share applied toward the EMPG budget shall not exceed fifty percent of the total budget as submitted and approved in the application and documented in the Budget (Attachment F). To meet matching requirements, the Subrecipient's cash matching contributions must be verifiable, reasonable, allowable, allocable, and necessary under the grant program and must comply with all state and Federal requirements and regulations, including, but not limited to, 2 CFR Part 200. An appropriate mechanism must be in place to capture, track, and document matching funds. d. To gather data for the required FEMA deliverables(i.e., Stakeholder Preparedness Review[SPR], Threat Hazard Identification and Risk Assessment [THIRA]), EMD is piloting a three-year County Emergency Preparedness Assessment (CEPA) process with workshops, occurring in a third of the 39 counties each calendar year 2024-2026. The Subrecipient must participate in a CEPA workshop located in their county and in any follow-on data calls to receive EMPG funding. e. Subrecipients shall participate in the State's Integrated Preparedness Planning Workshop (IPPW). Non-participation may result in withholding of funding under future grant years. f. If funding is allocated to non-FEMA training, the Subrecipient must request prior written approval from the Department Key Personnel before attending the training. The Department will coordinate approval with the State Training Point of Contact. Pursuant to DHS/FEMA Grant Programs Directorate Information Bulletin No. 432, Review and Approval Requirements for Training Courses Funded Through Preparedness Grants, https://www.fema.gov/sites/default/files/2020- 04/Training Course Review and Approval IB Final 7 19 18.pdf, the training must fall within the FEMA mission scope and be in alignment with the Subrecipient's Emergency Operations Plan. This requirement only applies to training courses and does not include attendance at conferences. Furthermore, additional federal approvals are required for courses that relate to Countering Violent Extremism prior to attendance. g. All personnel funded in any part through federal award or matching funds under this Agreement shall complete and record proof of completion of: i. NIMS training Independent Study (IS): IS-100, IS-200, IS-700, and IS-800, and ii. Either the FEMA Professional Development Series (PDS) IS-120, IS-230, IS-235, IS-240, IS-241, IS-242, and IS-244, or the Emergency Management Professionals Program (EMPP) Basic Academy IS-230, E/L101, E/L 102, E/L103, E/L104 and E/L105. C. DHS TERMS AND CONDITIONS As a Subrecipient of 24EMPG funding, the Subrecipient shall comply with all applicable DHS terms and conditions of the 24EMPG Award Letter and its incorporated documents for the Grant, which are incorporated and made a part of this Agreement as Attachment C. DHS-FEMA-EMPG-FY24 Page 12 of 46 Mason County, E25-112 Attachment B Washington State Military Department GENERAL TERMS AND CONDITIONS Department of Homeland Security (DHS)/ Federal Emergency Management Agency (FEMA) Grants A.1 DEFINITIONS As used throughout this Agreement, the terms will have the same meaning as defined in 2 CFR 200 Subpart A (which is incorporated herein by reference), except as otherwise set forth below: a. "Agreement" means this Grant Agreement. b. "Department" means the Washington State Military Department, as a state agency, any division, section, office, unit or other entity of the Department, or any of the officers or other officials lawfully representing that Department. The Department is a recipient of a federal award directly from a federal awarding agency and is the pass-through entity making a subaward to a Subrecipient under this Agreement. C. "Monitoring Activities" means all administrative, financial, or other review activities that are conducted to ensure compliance with all state and federal laws, rules, regulations, authorities, and policies. d. "Subrecipient" when capitalized is primarily used throughout this Agreement in reference to the non-federal entity identified on the Face Sheet of this Agreement that has received a subaward from the Department. However, the definition of"Subrecipient" is the same as in 2 CFR 200.1 for all other purposes. A.2 ADVANCE PAYMENTS PROHIBITED The Department shall make no payments in advance or in anticipation of goods or services to be provided under this Agreement. Subrecipient shall not invoice the Department in advance of delivery and invoicing of such goods or services. A.3 AMENDMENTS AND MODIFICATIONS The Subrecipient or the Department may request, in writing, an amendment or modification of this Agreement. However, such amendment or modification shall not be binding, take effect or be incorporated herein until made in writing and signed by the authorized representatives of the Department and the Subrecipient. No other understandings or agreements, written or oral, shall be binding on the parties. The Agreement performance period shall only be extended by (1) written notification of DHS/FEMA approval of the Award performance period, followed up with a mutually agreed written amendment, or(2) written notification from the Department to the Subrecipient to provide additional time for completion of the Subrecipient's project(s). A.4 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, 42 U.S.C. 12101 ET SEQ. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED TO AS THE "ADA" 28 CFR Part 35. Except as provided herein, the Subrecipient must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunication. If the ADA does not apply to the Subrecipient because the Subrecipient is a federal recognized Indian Tribe, then the acceptance by the Tribe of, or acquiescence to, these General Terms and Conditions does not change or alter its inapplicability to the Indian Tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist. A.5 ASSURANCES The Department and Subrecipient agree that all activity pursuant to this Agreement will be in accordance with all the applicable current federal, state and local laws, rules and regulations. DHS-FEMA-EMPG-FY24 Page 13 of 46 Mason County, E25-112 A.6 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY As federal funds are a basis for this Agreement, the Subrecipient certifies that the Subrecipient is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Agreement by any federal department or agency. The Subrecipient shall complete, sign, and return a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form located at https://mil.wa.gov/requiredgrantforms.Any such form completed by the Subrecipient for this Agreement shall be incorporated into this Agreement by reference. Further, the Subrecipient agrees to comply with all applicable federal regulations concerning the federal debarment and suspension system, including 2 CFR Part 180. The Subrecipient certifies that it will ensure that potential contractors or subrecipients or any of their principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in "covered transactions" by any federal department or agency. "Covered transactions" include procurement contracts for goods or services awarded under a non-procurement transaction (e.g., grant or cooperative agreement) that are expected to equal or exceed $25,000, and subawards to subrecipients for any amount. With respect to covered transactions, the Subrecipient may comply with this provision by obtaining a certification statement from the potential contractor or subrecipient or by checking the System for Award Management (https://sam.gov/SAM/) maintained by the federal government. The Subrecipient also agrees not to enter into any arrangements or contracts with any party on the Washington State Department of Labor and Industries' "Debarred Contractor List" (https://secure.Ini.wa.gov/debarandstrike/ContractorDebarList.aspx). The Subrecipient also agrees not to enter into any agreements or contracts for the purchase of goods and services with any party on the Department of Enterprise Services' Debarred Vendor List(httl)s://www.des.wa.gov/services/contractinq- purchasing/doing-business-state/vendor-debarment). A.7 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING As required by 44 CFR Part 18, the Subrecipient hereby certifies that to the best of its knowledge and belief: (1) no federally appropriated funds have been paid or will be paid by or on behalf of the Subrecipient to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement; (2) that if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Agreement, grant, loan, or cooperative agreement, the Subrecipient will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; (3) and that, as applicable, the Subrecipient will require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into and is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. A.8 COMPLIANCE WITH APPLICABLE STATUTES, RULES AND DEPARTMENT POLICIES The Subrecipient and all its contractors and subrecipients shall comply with, and the Department is not responsible for determining compliance with, any and all applicable federal, state, and local laws, regulations, executive orders, OMB Circulars, and/or policies. This obligation includes, but is not limited to: nondiscrimination laws and/or policies, Energy Policy and Conservation Act(PL 94-163, as amended), the Americans with Disabilities Act (ADA), Age Discrimination Act of 1975, Title VI of the Civil Rights Act of 1964, Civil Rights Act of 1968, the Robert T. Stafford Disaster Relief and Emergency Assistance Act, (PL 93-288, as amended), Ethics in Public Service (RCW 42.52), Covenant Against Contingent Fees (48 CFR Section 52.203-5), Public Records Act (RCW 42.56), Prevailing Wages on Public Works (RCW 39.12), State Environmental Policy Act(RCW 43.21 C), Shoreline Management Act of 1971 (RCW 90.58), State Building Code (RCW 19.27), Energy Related Building Standards (RCW 19.27A), Provisions in Buildings for Aged and Handicapped Persons (RCW 70.92), and safety and health regulations. DHS-FEMA-EMPG-FY24 Page 14 of 46 Mason County, E25-112 In the event of noncompliance or refusal to comply with any applicable law, regulation, executive order, OMB Circular or policy by the Subrecipient, its contractors or subrecipients, the Department may rescind, cancel, or terminate the Agreement in whole or in part in its sole discretion. The Subrecipient is responsible for all costs or liability arising from its failure, and that of its contractors and subrecipients, to comply with applicable laws, regulations, executive orders, OMB Circulars or policies. A.9 CONFLICT OF INTEREST No officer or employee of the Department; no member, officer, or employee of the Subrecipient or its designees or agents; no member of the governing body of the jurisdiction in which the project is undertaken or located; and no other official of the Subrecipient who exercises any functions or responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be performed in connection with the project assisted under this Agreement. The Subrecipient shall incorporate, or cause to incorporate, in all such contracts or subawards, a provision prohibiting such interest pursuant to this provision. A.10 CONTRACTING & PROCUREMENT a. The Subrecipient shall use a competitive procurement process in the procurement and award of any contracts with contractors or subcontractors that are entered into under the original agreement award. The procurement process followed shall be in accordance with 2 CFR Part 200.318, General procurement standards, through 200.327, Contract provisions. As required by Appendix II to 2 CFR Part 200, all contracts entered into by the Subrecipient under this Agreement must include the following provisions, as applicable: 1) Contracts for more than the simplified acquisition threshold currently set at $250,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. 2) All contracts in excess of $10,000 must address termination for cause and for convenience by the non-federal entity including the manner by which it will be effected and the basis for settlement. 3) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of"federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity' (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." 4) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or Subrecipient must DHS-FEMA-EMPG-FY24 Page 15 of 46 Mason County, E25-112 be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. 5) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations(29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 6) Rights to Inventions Made Under a Contract or Agreement. If the federal award meets the definition of"funding agreement" under 37 CFR §401.2 (a) and the recipient or Subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or Subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,"and any implementing regulations issued by the awarding agency. 7) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 8) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management(SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189)and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 9) Byrd Anti-Lobbying Amendment(31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. 10) Procurement of recovered materials -- As required by 2 CFR 200.323, a non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency(EPA)at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds DHS-FEMA-EMPG-FY24 Page 16 of 46 Mason County, E25-112 $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 11) Notice of federal awarding agency requirements and regulations pertaining to reporting. 12) Federal awarding agency requirements and regulations pertaining to copyrights and rights in data. 13) Access by the Department, the Subrecipient, the federal awarding agency, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. 14) Retention of all required records for six (6) years after the Subrecipient has made final payments and all other pending matters are closed. 15) Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). 16) Pursuant to Executive Order 13858 "Strengthening Buy-American Preferences for Infrastructure Projects," and as appropriate and to the extent consistent with law, the non- Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States, as required in 2 CFR Part 200.322, in every contract, subcontract, purchase order, or sub-award that is chargeable against federal financial assistance awards. 17) Per 2 C.F.R. § 200.216, prohibitions regarding certain telecommunications and video surveillance services or equipment are mandated by section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 115- 232 (2018). b. The Department reserves the right to review the Subrecipient's procurement plans and documents and require the Subrecipient to make changes to bring its plans and documents into compliance with the requirements of 2 CFR Part 200.317 through 200.327. The Subrecipient must ensure that its procurement process requires contractors and subcontractors to provide adequate documentation with sufficient detail to support the costs of the project and to allow both the Subrecipient and Department to make a determination on eligibility of project costs. C. All contracting agreements entered into pursuant to this Agreement shall incorporate this Agreement by reference. A.11 DISCLOSURE The use or disclosure by any party of any information concerning the Department for any purpose not directly connected with the administration of the Department's or the Subrecipient's responsibilities with respect to services provided under this Agreement is prohibited except by prior written consent of the Department or as required to comply with the state Public Records Act, other law or court order. A.12 DISPUTES Except as otherwise provided in this Agreement, when a bona fide dispute arises between the parties and it cannot be resolved through discussion and negotiation, either party may request a dispute resolution board to resolve the dispute. A request for a dispute resolution board shall be in writing, state the disputed issues, state the relative positions of the parties, and be sent to all parties. The board shall consist of a representative appointed by the Department, a representative appointed by the Subrecipient, and a third party mutually agreed upon by both parties. The determination of the dispute resolution board shall be final and binding on the parties hereto. Each party shall bear the cost for its member of the dispute resolution board and its attorney fees and costs and share equally the cost of the third board member. DHS-FEMA-EMPG-FY24 Page 17 of 46 Mason County, E25-112 A.13 LEGAL RELATIONS It is understood and agreed that this Agreement is solely for the benefit of the parties to the Agreement and gives no right to any other party. No joint venture or partnership is formed as a result of this Agreement. To the extent allowed by law, the Subrecipient, its successors or assigns, will protect, save and hold harmless the Department, the state of Washington, and the United States Government and their authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature whatsoever by reason of the acts or omissions of the Subrecipient, its subcontractors, subrecipients, assigns, agents, contractors, consultants, licensees, invitees, employees or any person whomsoever arising out of or in connection with any acts or activities authorized by this Agreement. To the extent allowed by law, the Subrecipient further agrees to defend the Department and the state of Washington and their authorized agents and employees in any litigation; including payment of any costs or attorneys' fees for any claims or action commenced thereon arising out of or in connection with acts or activities authorized by this Agreement. This obligation shall not include such claims, costs, damages or expenses which may be caused by the sole negligence of the Department; provided, that if the claims or damages are caused by or result from the concurrent negligence of(1)the Department, and (2) the Subrecipient, its agents, or employees, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the Subrecipient, or the Subrecipient's agents or employees. Insofar as the funding source, FEMA is an agency of the Federal government, the following shall apply: 44 CFR 206.9 Non-liability. The Federal government shall not be liable for any claim based upon the exercise or performance of, or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Federal government in carrying out the provisions of the Stafford Act. A.14 LIMITATION OF AUTHORITY—AUTHORIZED SIGNATURE The signatories to this Agreement represent that they have the authority to bind their respective organizations to this Agreement. Only the Department's Authorized Signature representative and the Authorized Signature representative of the Subrecipient or Alternate for the Subrecipient, formally designated in writing, shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Agreement. Any alteration, amendment, modification, or waiver of any clause or condition of this Agreement is not effective or binding unless made in writing and signed by both parties' Authorized Signature representatives, except as provided for time extensions in Article A.3. Further, only the Authorized Signature representative or Alternate for the Subrecipient shall have signature authority to sign reimbursement requests, time extension requests, amendment and modification requests, requests for changes to projects or work plans, and other requests, certifications and documents authorized by or required under this Agreement. A.15 LOSS OR REDUCTION OF FUNDING In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to normal completion or end date, the Department may unilaterally reduce the work plan and budget or unilaterally terminate all or part of the Agreement as a "Termination for Cause" without providing the Subrecipient an opportunity to cure. Alternatively, the parties may renegotiate the terms of this Agreement under "Amendments and Modifications" to comply with new funding limitations and conditions, although the Department has no obligation to do so. A.16 NONASSIGNABILITY Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by the Subrecipient. A.17 NONDISCRIMINATION During the performance of this agreement, the Subrecipient shall comply with all federal and state nondiscrimination statutes and regulations. These requirements include, but are not limited to: a. Nondiscrimination in Employment: The Subrecipient shall not discriminate against any employee or applicant for employment because of race, color, sex, sexual orientation, religion, national origin, creed, marital status, age, Vietnam era or disabled veteran status, or the presence of any sensory, DHS-FEMA-EMPG-FY24 Page 18 of 46 Mason County, E25-112 mental, or physical handicap. This requirement does not apply, however, to a religious corporation, association, educational institution or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution or society of its activities. b. The Subrecipient shall take action to ensure that employees are employed and treated during employment without discrimination because of their race, color, sex, sexual orientation religion, national origin, creed, marital status, age, Vietnam era or disabled veteran status, or the presence of any sensory, mental, or physical handicap. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment selection for training, including apprenticeships and volunteers. A.18 NOTICES The Subrecipient shall comply with all public notices or notices to individuals required by applicable local, state and federal laws and regulations and shall maintain a record of this compliance. A.19 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/HEALTH ACT (OSHA/WISHA) The Subrecipient represents and warrants that its workplace does now or will meet all applicable federal and state safety and health regulations that are in effect during the Subrecipient's performance under this Agreement. To the extent allowed by law, the Subrecipient further agrees to indemnify and hold harmless the Department and its employees and agents from all liability, damages and costs of any nature, including, but not limited to, costs of suits and attorneys' fees assessed against the Department, as a result of the failure of the Subrecipient to so comply. A.20 OWNERSHIP OF PROJECT/CAPITAL FACILITIES The Department makes no claim to any capital facilities or real property improved or constructed with funds under this Agreement, and by this subaward of funds does not and will not acquire any ownership interest or title to such property of the Subrecipient. The Subrecipient shall assume all liabilities and responsibilities arising from the ownership and operation of the project and agrees to defend, indemnify, and hold the Department, the state of Washington, and the United States government harmless from any and all causes of action arising from the ownership and operation of the project. A.21 POLITICAL ACTIVITY No portion of the funds provided herein shall be used for any partisan political activity or to further the election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue. A.22 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION The assistance provided under this Agreement shall not be used in payment of any bonus or commission for the purpose of obtaining approval of the application for such assistance or any other approval or concurrence under this Agreement provided, however, that reasonable fees or bona fide technical consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as project costs. A.23 PUBLICITY The Subrecipient agrees to submit to the Department prior to issuance all advertising and publicity matters relating to this Agreement wherein the Department's name is mentioned, or language used from which the connection of the Department's name may, in the Department's judgment, be inferred or implied. The Subrecipient agrees not to publish or use such advertising and publicity matters without the prior written consent of the Department. The Subrecipient may copyright original work it develops in the course of or under this Agreement; however, pursuant to 2 CFR Part 200.315, FEMA reserves a royalty- free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use the work for government purposes. Publication resulting from work performed under this Agreement shall include an acknowledgement of FEMA's financial support, by the Assistance Listings Number (formerly CFDA Number), and a statement that the publication does not constitute an endorsement by FEMA or reflect FEMA's views. A.24 RECAPTURE PROVISION In the event the Subrecipient fails to expend funds under this Agreement in accordance with applicable federal, state, and local laws, regulations, and/or the provisions of the Agreement, the Department reserves the right to recapture funds in an amount equivalent to the extent of noncompliance. Such right DHS-FEMA-EMPG-FY24 Page 19 of 46 Mason County, E25-112 of recapture shall exist for the life of the project following Agreement termination. Repayment by the Subrecipient of funds under this recapture provision shall occur within 30 days of demand. In the event the Department is required to institute legal proceedings to enforce the recapture provision, the Department shall be entitled to its costs and expenses thereof, including attorney fees from the Subrecipient. A.25 RECORDS a. The Subrecipient agrees to maintain all books, records, documents, receipts, invoices and all other electronic or written records necessary to sufficiently and properly reflect the Subrecipient's contracts, subawards, grant administration, and payments, including all direct and indirect charges, and expenditures in the performance of this Agreement (the "records"). b. The Subrecipient's records related to this Agreement and the projects funded may be inspected and audited by the Department or its designee, by the Office of the State Auditor, DHS, FEMA or their designees, by the Comptroller General of the United States or its designees, or by other state or federal officials authorized by law, for the purposes of determining compliance by the Subrecipient with the terms of this Agreement and to determine the appropriate level of funding to be paid under the Agreement. C. The records shall be made available by the Subrecipient for such inspection and audit, together with suitable space for such purpose, at any and all times during the Subrecipient's normal working day. d. The Subrecipient shall retain and allow access to all records related to this Agreement and the funded project(s) for a period of at least six (6) years following final payment and closure of the grant under this Agreement. Despite the minimum federal retention requirement of three (3)years, the more stringent State requirement of six (6) years must be followed. A.26 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORK/WORK PLAN While the Department undertakes to assist the Subrecipient with the project/statement of work/work plan (project) by providing federal award funds pursuant to this Agreement, the project itself remains the sole responsibility of the Subrecipient. The Department undertakes no responsibility to the Subrecipient, or to any third party, other than as is expressly set out in this Agreement. The responsibility for the design, development, construction, implementation, operation and maintenance of the project, as these phrases are applicable to this project, is solely that of the Subrecipient, as is responsibility for any claim or suit of any nature by any third party related in any way to the project. Prior to the start of any construction activity, the Subrecipient shall ensure that all applicable federal, state, and local permits and clearances are obtained, including, but not limited to, FEMA compliance with the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Species Act, and all other environmental laws, regulations, and executive orders. The Subrecipient shall defend, at its own cost, any and all claims or suits at law or in equity, which may be brought against the Subrecipient in connection with the project. The Subrecipient shall not look to the Department, or to any state or federal agency, or to any of their employees or agents, for any performance, assistance, or any payment or indemnity, including, but not limited to, cost of defense and/or attorneys' fees, in connection with any claim or lawsuit brought by any third party related to any design, development, construction, implementation, operation and/or maintenance of a project. A.27 SEVERABILITY If any court of rightful jurisdiction holds any provision or condition under this Agreement or its application to any person or circumstances invalid, this invalidity does not affect other provisions, terms or conditions of the Agreement, which can be given effect without the invalid provision. To this end, the terms and conditions of this Agreement are declared severable. A.28 SINGLE AUDIT ACT REQUIREMENTS (including all AMENDMENTS) The Subrecipient shall comply with and include the following audit requirements in any subawards. Non-federal entities, as Subrecipients of a federal award, that expend $750,000 or more in one fiscal year of federal funds from all sources, direct and indirect, are required to have a single or a program- specific audit conducted in accordance with 2 CFR Part 200 Subpart F. Non-federal entities that spend less than $750,000 a year in federal awards are exempt from federal audit requirements for that year, except as noted in 2 CFR Part 200 Subpart F. As defined in 2 CFR Part 200, the term "non-federal entity" DHS-FEMA-EMPG-FY24 Page 20 of 46 Mason County, E25-112 means a state, local government, Indian tribe, institution of higher education, or nonprofit organization that carries out a federal award as a recipient or subrecipient. Subrecipients that are required to have an audit must ensure the audit is performed in accordance with Generally Accepted Government Auditing Standards (GALAS) as found in the Government Auditing Standards (the Revised Yellow Book) developed by the United States Comptroller General and the OMB Compliance Supplement. The Subrecipient has the responsibility of notifying its auditor and requesting an audit in compliance with 2 CFR Part 200 Subpart F, to include the Washington State Auditor's Office, a federal auditor, or a public accountant performing work using GAGAS, as appropriate. Costs of the audit may be an allowable grant expenditure as authorized by 2 CFR Part 200.425. The Subrecipient shall maintain auditable records and accounts so as to facilitate the audit requirement and shall ensure that any subcontractors also maintain auditable records. The Subrecipient is responsible for any audit exceptions incurred by its own organization or that of its subcontractors. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The Subrecipient must respond to Department requests for information or corrective action concerning audit issues or findings within 30 days of the date of request. The Department reserves the right to recover from the Subrecipient all disallowed costs resulting from the audit. After the single audit has been completed, and if it includes any audit findings, the Subrecipient must send a full copy of the audit and its Corrective Action Plan to the Department at the following address no later than nine (9) months after the end of the Subrecipient's fiscal year(s): Contracts Office Washington Military Department Finance Division, Building #1 TA-20 Camp Murray, WA 98430-5032 OR Contracts.Office(aD-m i I.wa.gov The Department retains the sole discretion to determine whether a valid claim for an exemption from the audit requirements of this provision has been established. Conducting a single or program-specific audit in compliance with 2 CFR Part 200 Subpart F is a material requirement of this Agreement. In the absence of a valid claim of exemption from the audit requirements of 2 CFR Part 200 Subpart F, the Subrecipient's failure to comply with said audit requirements may result in one or more of the following actions in the Department's sole discretion: a percentage of federal awards being withheld until the audit is completed in accordance with 2 CFR Part 200 Subpart F; the withholding or disallowing of overhead costs; the suspension of federal awards until the audit is conducted and submitted; or termination of the federal award. A.29 SUBRECIPIENT NOT EMPLOYEE The Subrecipient, and/or employees or agents performing under this Agreement, are not employees or agents of the Department in any manner whatsoever. The Subrecipient will not be presented as nor claim to be an officer or employee of the Department or of the state of Washington by reason hereof, nor will the Subrecipient make any claim, demand, or application to or for any right, privilege or benefit applicable to an officer or employee of the Department or of the state of Washington, including, but not limited to, Workers' Compensation coverage, unemployment insurance benefits, social security benefits, retirement membership or credit, or privilege or benefit which would accrue to a civil service employee under Chapter 41.06 RCW; OFM Reg. 4.3.1.1.8. It is understood that if the Subrecipient is another state department, state agency, state university, state college, state community college, state board, or state commission, that the officers and employees are employed by the state of Washington in their own right. If the Subrecipient is an individual currently employed by a Washington State agency, the Department shall obtain proper approval from the employing agency or institution before entering into this contract. A statement of"no conflict of interest" shall be submitted to the Department. A.30 TAXES, FEES AND LICENSES Unless otherwise provided in this Agreement, the Subrecipient shall be responsible for, pay and maintain in current status all taxes, unemployment contributions, fees, licenses, assessments, permit charges and DHS-FEMA-EMPG-FY24 Page 21 of 46 Mason County, E25-112 expenses of any other kind for the Subrecipient or its staff required by statute or regulation that are applicable to Agreement performance. A.31 TERMINATION FOR CONVENIENCE Notwithstanding any provisions of this Agreement, the Subrecipient may terminate this Agreement by providing written notice of such termination to the Department Key Personnel identified in the Agreement, specifying the effective date thereof, at least thirty (30) days prior to such date. Except as otherwise provided in this Agreement, the Department, in its sole discretion and in the best interests of the state of Washington, may terminate this Agreement in whole or in part ten (10) business days after emailing notice. Upon notice of termination for convenience, the Department reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the Subrecipient from incurring additional obligations of funds. In the event of termination, the Subrecipient shall be liable for all damages as authorized by law. The rights and remedies of the Department provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. A.32 TERMINATION OR SUSPENSION FOR LOSS OF FUNDING The Department may unilaterally terminate or suspend all or part of this Grant Agreement, or may reduce its scope of work and budget, if there is a reduction in funds by the source of those funds, and if such funds are the basis for this Grant Agreement. The Department will email the Subrecipient ten (10) business days prior to termination. A.33 TERMINATION OR SUSPENSION FOR CAUSE In the event the Department, in its sole discretion, determines the Subrecipient has failed to fulfill in a timely and proper manner its obligations under this Agreement, is in an unsound financial condition so as to endanger performance hereunder, is in violation of any laws or regulations that render the Subrecipient unable to perform any aspect of the Agreement, or has violated any of the covenants, agreements or stipulations of this Agreement, the Department has the right to immediately suspend or terminate this Agreement in whole or in part. The Department may notify the Subrecipient in writing of the need to take corrective action and provide a period of time in which to cure. The Department is not required to allow the Subrecipient an opportunity to cure if it is not feasible as determined solely within the Department's discretion. Any time allowed for cure shall not diminish or eliminate the Subrecipient's liability for damages or otherwise affect any other remedies available to the Department. If the Department allows the Subrecipient an opportunity to cure, the Department shall notify the Subrecipient in writing of the need to take corrective action. If the corrective action is not taken within ten (10) calendar days or as otherwise specified by the Department, or if such corrective action is deemed by the Department to be insufficient, the Agreement may be terminated in whole or in part. The Department reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the Subrecipient from incurring additional obligations of funds during investigation of the alleged compliance breach, pending corrective action by the Subrecipient, if allowed, or pending a decision by the Department to terminate the Agreement in whole or in part. In the event of termination, the Subrecipient shall be liable for all damages as authorized by law, including, but not limited to, any cost difference between the original Agreement and the replacement or cover Agreement and all administrative costs directly related to the replacement Agreement, e.g., cost of administering the competitive solicitation process, mailing, advertising and other associated staff time. The rights and remedies of the Department provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. If it is determined that the Subrecipient: (1)was not in default or material breach, or(2) failure to perform was outside of the Subrecipient's control, fault or negligence, the termination shall be deemed to be a termination for convenience. A.34 TERMINATION PROCEDURES In addition to the procedures set forth below, if the Department terminates this Agreement, the Subrecipient shall follow any procedures specified in the termination notice. Upon termination of this Agreement and in addition to any other rights provided in this Agreement, the Department may require the Subrecipient to deliver to the Department any property specifically produced or acquired for the performance of such part of this Agreement as has been terminated. DHS-FEMA-EMPG-FY24 Page 22 of 46 Mason County, E25-112 If the termination is for convenience, the Department shall pay to the Subrecipient as an agreed upon price, if separately stated, for properly authorized and completed work and services rendered or goods delivered to and accepted by the Department prior to the effective date of Agreement termination, the amount agreed upon by the Subrecipient and the Department for(i) completed work and services and/or equipment or supplies provided for which no separate price is stated, (ii) partially completed work and services and/or equipment or supplies provided which are accepted by the Department, (iii) other work, services and/or equipment or supplies which are accepted by the Department, and (iv)the protection and preservation of property. Failure to agree with such amounts shall be a dispute within the meaning of the "Disputes" clause of this Agreement. If the termination is for cause, the Department shall determine the extent of the liability of the Department. The Department shall have no other obligation to the Subrecipient for termination. The Department may withhold from any amounts due the Subrecipient such sum as the Department determines to be necessary to protect the Department against potential loss or liability. The rights and remedies of the Department provided in this Agreement shall not be exclusive and are in addition to any other rights and remedies provided by law. After receipt of a notice of termination, and except as otherwise directed by the Department in writing, the Subrecipient shall: a. Stop work under the Agreement on the date, and to the extent specified, in the notice; b. Place no further orders or contracts for materials, services, supplies, equipment and/or facilities in relation to this Agreement except as may be necessary for completion of such portion of the work under the Agreement as is not terminated; C. Assign to the Department, in the manner, at the times, and to the extent directed by the Department, all of the rights, title, and interest of the Subrecipient under the orders and contracts so terminated, in which case the Department has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and contracts; d. Settle all outstanding liabilities and all claims arising out of such termination of orders and contracts, with the approval or ratification of the Department to the extent the Department may require, which approval or ratification shall be final for all the purposes of this clause; e. Transfer title to the Department and deliver in the manner, at the times, and to the extent directed by the Department any property which, if the Agreement had been completed, would have been required to be furnished to the Department; f. Complete performance of such part of the work as shall not have been terminated by the Department in compliance with all contractual requirements; and g. Take such action as may be necessary, or as the Department may require, for the protection and preservation of the property related to this Agreement which is in the possession of the Subrecipient and in which the Department has or may acquire an interest. A.35 MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES In accordance with the legislative findings and policies set forth in Chapter 39.19 RCW, the state of Washington encourages participation in all its contracts by MWBE firms certified by the Office of Minority and Women's Business Enterprises (OMWBE). To the extent possible, the Subrecipient will solicit and encourage minority-owned and women-owned business enterprises who are certified by the OMWBE under the state of Washington certification program to apply and compete for work under this contract. Voluntary numerical MWBE participation goals have been established and are indicated herein: Minority Business Enterprises: (MBEs): 10% and Woman's Business Enterprises (WBEs): 6%. A.36 VENUE This Agreement shall be construed and enforced in accordance with, and the validity and performance shall be governed by, the laws of the state of Washington. Except for as provided herein, venue of any suit between the parties arising out of this Agreement shall be the Superior Court of Thurston County, Washington, and the Subrecipient, by execution of this Agreement, acknowledges the jurisdiction of the courts of the state of Washington. Provides, that if the Subrecipient is a federally recognized Indian Tribe, the parties agree that, in the event either party to this Agreement commences any suit relating to or arising from the Agreement, the United States District Court for the Western District of the State of Washington shall have the sole and exclusive jurisdiction over such proceeding. If the court lacks federal DHS-FEMA-EMPG-FY24 Page 23 of 46 Mason County, E25-112 subject matter jurisdiction, then the Tribe agrees to waive its sovereign immunity from suit for the limited purpose of permitting the State to enforce the terms of this Agreement in the Superior Court of Washington under Washington law, and venue for such suit shall be the Superior Court of Thurston County, Washington. This limited waiver of sovereign immunity is solely for the benefit of the State. This limited waiver of sovereign immunity shall not be for, nor shall it be construed as for, the benefit of any other person or entity, and the Tribe does not waive its immunity with respect to any action brought by, or on behalf of, any other entity or person. A.37 WAIVERS No conditions or provisions of this Agreement can be waived unless approved in advance by the Department in writing. The Department's failure to insist upon strict performance of any provision of the Agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance during such breach, shall not constitute a waiver of any right under this Agreement. DHS-FEMA-EMPG-FY24 Page 24 of 46 Mason County, E25-112 Attachment C 24EMPG Award Letter EMS-2024-EP-05000 Award Letter U.S.Department of Homeland Security Washington, D.C.20472 Effective date:09/09/2024 ^ FEMA Sierra Wardell MILITARY DEPARTMENT,WASHINGTON STATE BUILDING 1 MILITIA DR STATE FINANCIAL SERVICES CAMP MURRAY,WA 98430 EMS-2024-EP-05000 Dear Sierra Wardell, Congratulations on behalf of the Department of Homeland Security,your application submitted for the Fiscal Year(FY)2024 Emergency Management Performance Grants,has been approved in the amount of$6,821,397.00 in Federal funding.This award of federal assistance is executed as a Grant.As a condition of this award,you are required to contribute non-Federal funds equal to or greater than $6,821,397.00 for a total approved budget of$13,642,794.00. Please see the FY24 Emergency Management Performance Grant(EMPG) Program for information on how to meet this cost share requirement. Before you request and receive any of the Federal funds awarded to you,you must establish acceptance of the award through the FEMA Grants Outcomes(FEMA GO)system.By accepting this award,you acknowledge that the terms of the following documents are incorporated into the terms of your award: • Award Summary-included in this document • Agreement Articles-included in this document • Obligating Document-included in this document • FY 2024 Emergency Management Performance Grants Notice of Funding Opportunity • FEMA Preparedness Grants Manual Please make sure you read,understand,and maintain a copy of these documents in your official file for this award. Sincerely, Patrick Marcham Grants Program Division Director Region 10 DHS-FEMA-EMPG-FY24 Page 25 of 46 Mason County, E25-112 Award Summary Program:Fiscal Year 2024 Emergency Management Performance Grant Recipient:MILITARY DEPARTMENT,WASHINGTON STATE UEI-EFT: D2EJRGZ2PLG8-0001 DUNS number.8088833830001 Award number:EMS-2024-EP-05000 Summary description of award The Fiscal Year(FY)2024 Emergency Management Performance Grant(EMPG)Program is one of the grant programs that constitute DHS/FEMA's focus on all-hazards emergency preparedness.These grant programs are part of a comprehensive set of measures authorized by Congress and implemented by DHS/FEMA to assist state,local,tribal,and territorial emergency management agencies to implement the National Preparedness System and the National Preparedness Goal of a secure and resilient nation Amount awarded table The amount of the award is detailed in the attached Obligating Document for Award. Approved scope of work After review of your application, FEMA has approved the below scope of work.Justifications are provided for any differences between the scope of work in the original application and the approved scope of work under this award.You must submit scope or budget revision requests for FEMA's prior approval,via an amendment request,as appropriate per 2 C.F.R.§200.308 and the FY2024 EMPG NOFO. //due to new system inclusion of information with no context, pages 5-12 not included— available on request// Agreement Articles Program:Fiscal Year 2024 Emergency Management Performance Grant Recipient:MILITARY DEPARTMENT,WASHINGTON STATE UEI-EFT:D2EJRGZ2PLG8-0001 DUNS number.8088B33830001 Award number:EMS-2024-EP-05000 Table of contents DHS-FEMA-EMPG-FY24 Page 26 of 46 Mason County, E25-112 icle Assurances,Administrative Requirements,Cost Principles, Representations,and 1 Certifications rticle General Acknowledgements and Assurances 2 Article Acknowledgement of Federal Funding from DHS 3 Article Activities Conducted Abroad rticle Age Discrimination Act of 1975 Article Americans with Disabilities Act of 1990 6 Article Best Practices for Collection and Use of Personally Identifiable Information 7 Article Civil Rights Act of 1964—Title VI 8 Article Civil Rights Act of 1968 9 icle Copyright 10 Article Debarment and Suspension 11 Article Drug-Free Workplace Regulations 12 Article Duplicative Costs 13 Article Education Amendments of 1972(Equal Opportunity in Education Act)—Title IX 14 Article E.O.14074—Advancing Effective,Accountable Policing and Criminal Justice 15 Practices to Enhance Public Trust and Public Safety icle Energy Policy and Conservation Act 16 Article False Claims Act and Program Fraud Civil Remedies 17 Article Federal Debt Status 18 icle Federal Leadership on Reducing Text Messaging while Driving t Article Fly America Act of 1974 20 Article Hotel and Motel Fire Safety Act of 1990 21 Article John S.McCain National Defense Authorization Act of Fiscal Year 2019 22 Article Limited English Proficiency(Civil Rights Act of 1964,Title VI) 23 Article Lobbying Prohibitions 24 Article National Environmental Policy Act 25 Article Nondiscrimination in Matters Pertaining to Faith-Based Organizations 26 Article Non-Supplanting Requirement 27 DHS-FEMA-EMPG-FY24 Page 27 of 46 Mason County, E25-112 Article Notice of Funding Opportunity Requirements 28 Article Patents and Intellectual Property Rights 29 Article Procurement of Recovered Materials 30 Article Rehabilitation Act of 1973 31 Article Reporting of Matters Related to Recipient Integrity and Performance 32 Article Reporting Subawards and Executive Compensation 33 Article Required Use of American Iron,Steel,Manufactured Products,and Construction 34 Materials Article SAFECOM 35 Article Terrorist Financing 36 Article Trafficking Victims Protection Act of 2000(TVPA) 37 Article Universal Identifier and System of Award Management 38 Article USA PATRIOT Act of 2001 39 Article Use of DHS Seal, Logo and Flags 40 Article Whistleblower Protection Act 41 Article Environmental Planning and Historic Preservation(EHP) Review 42 Article Applicability of DHS Standard Terms and Conditions to Tribes 43 Article Acceptance of Post Award Changes 44 Article Disposition of Equipment Acquired Under the Federal Award 45 rticle Prior Approval for Modification of Approved Budget Article Indirect Cost Rate 47 DHS-FEMA-EMPG-FY24 Page 28 of 46 Mason County, E25-112 Article 1 Assurances,Administrative Requirements,Cost Principles, Representations,and Certifications I.Recipients must complete either the Office of Management and Budget(OM B) Standard Form 424B Assurances-Non-Construction Programs,or OMB Standard Form 424D Assurances-Construction Programs,as applicable.Certain assurances in these documents may not be applicable to your program and the DHS financial assistance office(DHS FAO)may require applicants to certify additional assurances.Applicants are required to fill out the assurances as instructed by the federal awarding agency. Article 2 General Acknowledgements and Assurances Recipients are required to follow the applicable provisions of the Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards in effect as of the federal award date and located at 2 C.F.R.Part 200 and adopted by DHS at 2 C.F.R.§3002.10.All recipients and subrecipients must acknowledge and agree to provide DHS access to records,accounts,documents, information,facilities,and staff pursuant to 2 C.F.R.§200.337.I.Recipients must cooperate with any DHS compliance reviews or compliance investigations.II. Recipients must give DHS access to examine and copy records,accounts,and other documents and sources of information related to the federal financial assistance award and permit access to facilities and personnel.III.Recipients must submit timely,complete,and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports.IV.Recipients must comply with all other special reporting,data collection,and evaluation requirements required by law,federal regulation, Notice of Funding Opportunity, federal award specific terms and conditions,and/or federal awarding agency program guidance.V.Recipients must complete the DHS Civil Rights Evaluation Tool within thirty(30)days of receiving the Notice of Award for the first award under which this term applies.Recipients of multiple federal awards from DHS should only submit one completed tool for their organization,not per federal award.After the initial submission,recipients are required to complete the tool once every two(2) years if they have an active federal award,not every time a federal award is made. Recipients must submit the completed tool,including supporting materials,to Civil RightsEvaluation@hq.dhs.gov.This tool clarifies the civil rights obligations and related reporting requirements contained in these DHS Standard Terms and Conditions.Subrecipients are not required to complete and submit this tool to DHS. The evaluation tool can be found at httpsl/www.dhs.gov/publicatiori/dhs-civil- rights-evaluation-tool.DHS Civil Rights Evaluation Tool I Homeland Security.The DHS Office for Civil Rights and Civil Liberties will consider,in its discretion,granting an extension to the 30-day deadline if the recipient identifies steps and a timeline for completing the tool.Recipients must request extensions by emailing the request to Civil RightsEvaluation@hq.dhs.gov prior to expiration of the 30-day deadline. Article 3 Acknowledgement of Federal Funding from DHS Recipients must acknowledge their use of federal award funding when issuing statements,press releases,requests for proposal,bid invitations,and other documents describing projects or programs funded in whole or in part with federal award funds. DHS-FEMA-EMPG-FY24 Page 29 of 46 Mason County, E25-112 Article 4 Activities Conducted Abroad Recipients must coordinate with appropriate government authorities when performing project activities outside the United States obtain all appropriate licenses,permits,or approvals. Article 5 Age Discrimination Act of 1975 Recipients must comply with the requirements of the Age Discrimination Act of 1975,Pub.L.No.94-135(codified as amended at 42 U.S.C.§6101 et seq.),which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance. Article 6 Americans with Disabilities Act of 1990 Recipients must comply with the requirements of Titles I,II,and III of the Americans with Disabilities Act,Pub.L.No.101-336(1990) (codified as amended at 42 U.S.C. §§12101-12213),which prohibits recipients from discriminating on the basis of disability in the operation of public entities,public and private transportation systems,places of public accommodation,and certain testing entities. Article 7 Best Practices for Collection and Use of Personally Identifiable Information Recipients who collect personally identifiable information(PII)as part of carrying out the scope of work under a federal award are required to have a publicly available privacy policy that describes standards on the usage and maintenance of the PH they collect.DHS defines PH as any information that permits the identity of an individual to be directly or indirectly inferred,including any information that is linked or linkable to that individual.Recipients may also find the DHS Privacy Impact Assessments:Privacy Guidance and Privacy Template as useful resources respectively. Article 8 Civil Rights Act of 1964—Title VI Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964,Pub.L.No.88-352(codified as amended at 42 U.S.C.§2000d et seq.), which provides that no person in the United States will,on the grounds of race, color,or national origin,be excluded from participation in,be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.DHS implementing regulations for the Act are found at 6 C.F.R. Part 21.Recipients of an award from the Federal Emergency Management Agency (FEMA)must also comply with FEMA's implementing regulations at 44 C.F.R.Part 7. DHS-FEMA-EMPG-FY24 Page 30 of 46 Mason County, E25-112 Article 9 Civil Rights Act of 1968 Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub.L.No. 90-284(codified as amended at 42 U.S.C.§3601 et seq.)which prohibits recipients from discriminating in the sale,rental,financing,and advertising of dwellings,or in the provision of services in connection.therewith,on the basis of race,color,national origin,religion,disability,familial status,and sex,as implemented by the U.S.Department of Housing and Urban Development at 24 C.F.R.Part 100.The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e.,the public and common use areas and individual apartment units(all units in buildings with elevators and ground-floor units in buildings without elevators)—be designed and constructed with certain accessible features.(See 24 C.F.R.Part 100,Subpart D.) Article 10 Copyright Recipients must affix the applicable copyright notices of 17 U.S.C.§§401 or 402 to any work first produced under federal awards and also include an acknowledgement that the work was produced under a federal award(including the federal award number and federal awarding agency).As detailed in 2 C.F.R.§ 200.315,a federal awarding agency reserves a royalty-free,nonexclusive,and irrevocable right to reproduce,publish,or otherwise use the work for federal purposes and to authorize others to do so. Article 11 Debarment and Suspension Recipients must comply with the non-procurement debarment and suspension regulations implementing Executive Orders(E.O.)12549 and 12689 set forth at 2 C.F.R.Part 180 as implemented by DHS at 2 C.F.R.Part 3000.These regulations prohibit recipients from entering into covered transactions(such as subawards and contracts)with certain parties that are debarred,suspended,or otherwise excluded from or ineligible for participation in federal assistance programs or activities. Article 12 Drug-Free Workplace Regulations Recipients must comply with drug-free workplace requirements in Subpart B(or Subpart C,if the recipient is an individual)of 2 C.F.R.Part 3001,which adopts the Government-wide implementation(2 C.F.R.Part 182)of the Drug-Free Workplace Act of 1988(41 U.S.C.§§8101-8106). Article 13 Duplicative Costs Recipients are prohibited from charging any cost to this federal award that will be included as a cost or used to meet cost sharing or matching requirements of any other federal award in either the current or a prior budget period.(See 2 C.F.R.§ 200.403(f)).However,recipients may shift costs that are allowable under two or more federal awards where otherwise permitted by federal statutes,regulations,or the federal financial assistance award terms and conditions. DHS-FEMA-EMPG-FY24 Page 31 of 46 Mason County, E25-112 Article 14 Education Amendments of 1972(Equal Opportunity in Education Act)— Title IX Recipients must comply with the requirements of Title IX of the Education Amendments of 1972, Pub.L.No.92-318(codified as amended at 20 U.S.C.§ 1681 et seq.),which provide that no person in the United States will,on the basis of sex,be excluded from participation in,be denied the benefits of,or be subjected to discrimination under any educational program or activity receiving federal financial assistance.DHS implementing regulations are codified at 6 C.F.R.Part 17. Recipients of an award from the Federal Emergency Management Agency(FEMA) must also comply with FEMA's implementing regulations at 44 C.F.R.Part 19. Article 15 E.O.14074—Advancing Effective,Accountable Policing and Criminal Justice Practices to Enhance Public Trust and Public Safety Recipient State,Tribal,local,or territorial law enforcement agencies must comply with the requirements of section 12(c)of E.O.14074.Recipient State,Tribal,local, or territorial law enforcement agencies are also encouraged to adopt and enforce policies consistent with E.O.14074 to support safe and effective policing. Article 16 Energy Policy and Conservation Act Recipients must comply with the requirements of the Energy Policy and Conservation Act, Pub.L.No.94-163(1975)(codified as amended at 42 U.S.C.§ 6201 et seq.),which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act. Article 17 False Claims Act and Program Fraud Civil Remedies Recipients must comply with the requirements of the False Claims Act,31 U.S.C. §§3729-3733,which prohibit the submission of false or fraudulent claims for payment to the Federal Government.(See 31 U.S.C.§§3801-3812,which details the administrative remedies for false claims and statements made.) Article 18 Federal Debt Status All recipients are required to be non-delinquent in their repayment of any federal debt.Examples of relevant debt include delinquent payroll and other taxes,audit disallowances,and benefit overpayments.(See OMB Circular A-129.) Article 19 Federal Leadership on Reducing Text Messaging while Driving Recipients are encouraged to adopt and enforce policies that ban text messaging while driving recipient-owned,recipient-rented,or privately owned vehicles when on official government business or when performing any work for or on behalf of the Federal Government.Recipients are also encouraged to conduct the initiatives of the type described in Section 3(a)of E.O.13513. DHS-FEMA-EMPG-FY24 Page 32 of 46 Mason County, E25-112 Article 20 Fly America Act of 1974 Recipients must comply with Preference for U.S.Flag Air Carriers(a list of certified air carriers can be found at:Certificated Air Carriers List I US Department of Transportation,httpsl/www.transportation.gov/policy/aviation-policy/certificated- air-carriers-list)for international air transportation of people and property to the extent that such service is available,in accordance with the International Air Transportation Fair Competitive Practices Act of 1974,49 U.S.C.§40118,and the interpretative guidelines issued by the Comptroller General of the United States in the March 31,1981,amendment to Comptroller General Decision B-138942. Article 21 Hotel and Motel Fire Safety Act of 1990 Recipients must ensure that all conference,meeting,convention,or training space funded entirely or in part by federal award funds complies with the fire prevention and control guidelines of Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C.§2225a. Article 22 John S.McCain National Defense Authorization Act of Fiscal Year 2019 Recipients,subrecipients,and their contractors and subcontractors are subject to the prohibitions described in section 889 of the John S.McCain National Defense Authorization Act for Fiscal Year 2019,Pub.L.No.115-232(2018)and 2 C.F.R.§§ 200.216,200.327,200.471,and Appendix 11 to 2 C.F.R.Part 200.The statute-as it applies to DHS recipients,subrecipients,and their contractors and subcontractors -prohibits obligating or expending federal award funds on certain telecommunications and video surveillance products and contracting with certain entities for national security reasons. Article 23 Limited English Proficiency(Civil Rights Act of 1964,Title VI) Recipients must comply with Title VI of the Civil Rights Act of 1964(42 U.S.C.§ 2000d et seq.)prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency(LEP)to their programs and services.For additional assistance and information regarding language access obligations,please refer to the DHS Recipient Guidance: httpsl/www.dhs.gov/guidance-published-help-department-supported- organizations-provide-meaningful-access-people-limited and additional resources on httplAvww.lep.gov. Article 24 Lobbying Prohibitions Recipients must comply with 31 U.S.C.§1352 and 6 C.F.R.Part 9,which provide that none of the funds provided under a federal award may be expended by the recipient to pay any person to influence,or attempt to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with any federal action related to a federal award or contract,including any extension,continuation, renewal,amendment,or modification.Per 6 C.F.R.Part 9,recipients must file a lobbying certification form as described in Appendix A to 6 C.F.R.Part 9 or available on Grants.gov as the Grants.gov Lobbying Form and file a lobbying disclosure form as described in Appendix B to 6 C.F.R.Part 9 or available on Grants.gov as the Disclosure of Lobbying Activities(SF-LLL). DHS-FEMA-EMPG-FY24 Page 33 of 46 Mason County, E25-112 Article 25 National Environmental Policy Act Recipients must comply with the requirements of the National Environmental Policy Act of 1969,Pub.L.No.91-190 (1970)(codified as amended at 42 U.S.C.§4321 et seq.)(NEPA)and the Council on Environmental Quality(CEQ)Regulations for Implementing the Procedural Provisions of NEPA,which require recipients to use all practicable means within their authority,and consistent with other essential considerations of national policy,to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social,economic, and other needs of present and future generations of Americans. Article 26 Nondiscrimination in Matters Pertaining to Faith-Based Organizations It is DHS policy to ensure the equal treatment of faith-based organizations in social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in providing important social services to beneficiaries.Recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R.Part 19 and other applicable statues, regulations,and guidance governing the participations of faith-based organizations in individual DHS programs. Article 27 Non-Supplanting Requirement Recipients of federal awards under programs that prohibit supplanting by law must ensure that federal funds supplement but do not supplant non-federal funds that,in the absence of such federal funds,would otherwise have been made available for the same purpose. Article 28 Notice of Funding Opportunity Requirements All the instructions,guidance,limitations,scope of work,and other conditions set forth in the Notice of Funding Opportunity(NOFO)for this federal award are incorporated by reference.All recipients must comply with any such requirements set forth in the NOFO.If a condition of the NOFO is inconsistent with these terms and conditions and any such terms of the Award,the condition in the NOFO shall be invalid to the extent of the inconsistency.The remainder of that condition and all other conditions set forth in the NOFO shall remain in effect. Article 29 Patents and Intellectual Property Rights Recipients are subject to the Bayh-Dole Act,35 U.S.C.§200 et seq.and applicable regulations governing inventions and patents,including the regulations issued by the Department of Commerce at 37 C.F.R.Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms under Government Awards, Contracts,and Cooperative Agreements)and the standard patent rights clause set forth at 37 C.F.R.§401.14. DHS-FEMA-EMPG-FY24 Page 34 of 46 Mason County, E25-112 Article 30 Procurement of Recovered Materials States,political subdivisions of states,and their contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub.L.No.89-272(1965)(codified as amended by the Resource Conservation and Recovery Act at 42 U.S.C.§6962) and 2 C.F.R.§200.323.The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency(EPA)at 40 C.F.R.Part 247 that contain the highest percentage of recovered materials practicable,consistent with maintaining a satisfactory level of competition. Article 31 Rehabilitation Act of 1973 Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973,Pub.L.No.93-112(codified as amended at 29 U.S.C.§794),which provides that no otherwise qualified handicapped individuals in the United States will,solely by reason of the handicap,be excluded from participation in,be denied the benefits of,or be subjected to discrimination under any program or activity receiving federal financial assistance. Article 32 Reporting of Matters Related to Recipient Integrity and Performance If the total value of any currently active grants,cooperative agreements,and procurement contracts from all federal awarding agencies exceeds$10,000,000 for any period of time during the period of performance of the federal award,then the recipient must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R.Part 200,Appendix XII,the full text of which is incorporated by reference. Article 33 Reporting Subawards and Executive Compensation For federal awards that equal or exceed$30,000,recipients are required to comply with the requirements set forth in the government-wide award term on Reporting Subawards and Executive Compensation set forth at 2 C.F.R.Part 170,Appendix A,the full text of which is incorporated by reference. DHS-FEMA-EMPG-FY24 Page 35 of 46 Mason County, E25-112 Article 34 Required Use of American Iron,Steel,Manufactured Products,and Construction Materials Recipients of an award of Federal financial assistance from a program for infrastructure are hereby notified that none of the funds provided under this award may be used for a project for infrastructure unless:(1)all iron and steel used in the project are produced in the United States—this means all manufacturing processes,from the initial melting stage through the application of coatings, occurred in the United States;(2)all manufactured products used in the project are produced in the United States—this means the manufactured product was manufactured in the United States;and the cost of the components of the manufactured product that are mined,produced,or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product,unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation;and(3)all construction materials are manufactured in the United States—this means that all manufacturing processes for the construction material occurred in the United States.The Buy America preference only applies to articles,materials,and supplies that are consumed in, incorporated into,or affixed to an infrastructure project.As such,it does not apply to tools,equipment,and supplies,such as temporary scaffolding,brought to the construction site and removed at or before the completion of the infrastructure project.Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs,desks,and portable computer equipment,that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project.Waivers When necessary,recipients may apply for,and the agency may grant,a waiver from these requirements.The agency should notify the recipient for information on the process for requesting a waiver from these requirements.(a)When the Federal agency has determined that one of the following exceptions applies,the awarding official may waive the application of the domestic content procurement preference in any case in which the agency determines that:(1)applying the domestic content procurement preference would be inconsistent with the public interest;(2)the types of iron,steel, manufactured products,or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality;or (3)the inclusion of iron,steel,manufactured products,or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent.A request to waive the application of the domestic content procurement preference must be in writing.The agency will provide instructions on the format,contents,and supporting materials required for any waiver request. Waiver requests are subject to public comment periods of no less than 15 days and must be reviewed by the Made in America Office.There may be instances where an award qualifies,in whole or in part,for an existing waiver described at'Buy America"Preference in FEMA Financial Assistance Programs for Infrastructure FEMA.gov.Definitions The definitions applicable to this term are set forth at 2 C.F.R.§ 184.3,the full text of which is incorporated by reference. DHS-FEMA-EMPG-FY24 Page 36 of 46 Mason County, E25-112 Article 35 SAFECOM Recipients receiving federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants,including provisions on technical standards that ensure and enhance interoperable communications.The SAFECOM Guidance is updated annually and can be found at Funding and Sustainment I CISA. Article 36 Terrorist Financing Recipients must comply with E.O.13224 and applicable statutory prohibitions on transactions with,and the provisions of resources and support to,individuals and organizations associated with terrorism.Recipients are legally responsible for ensuring compliance with the E.O.and laws. Article 37 Trafficking Victims Protection Act of 2000(TVPA) Recipients must comply with the requirements of the government-wide financial assistance award term which implements Trafficking Victims Protection Act of 2000,Pub.L.No.106-386,§ 106(codified as amended at 22 U.S.C.§7104).The award term is located at 2 C.F.R.§175.15,the full text of which is incorporated by reference. Article 38 Universal Identifier and System of Award Management Recipients are required to comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R.Part 25, Appendix A,the full text of which is incorporated reference. Article 39 USA PATRIOT Act of 2001 Recipients must comply with requirements of Section 817 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act),which amends 18 U.S.C.§§ 175-175c. Article 40 Use of DHS Seal, Logo and Flags Recipients must obtain written permission from DHS prior to using the DHS seals, logos,crests,or reproductions of flags,or likenesses of DHS agency officials.This includes use of DHS component(e.g., FEMA,CISA,etc.)seals,logos,crests,or reproductions of flags,or likenesses of component officials. Article 41 Whistleblower Protection Act Recipients must comply with the statutory requirements for whistleblower protections at 10 U.S.0§470141 U.S.C.§4712. DHS-FEMA-EMPG-FY24 Page 37 of 46 Mason County, E25-112 Article 42 Environmental Planning and Historic Preservation(EHP) Review DHS/FEMA funded activities that may require an Environmental Planning and Historic Preservation(EHP)review are subject to the FEMA EHP review process. This review does not address all federal,state,and local requirements.Acceptance of federal funding requires the recipient to comply with all federal,state and local laws.DHS/FEMA is required to consider the potential impacts to natural and cultural resources of all projects funded by DHS/FEMA grant funds,through its EHP review process,as mandated by:the National Environmental Policy Act;National Historic Preservation Act of 1966,as amended;National Flood Insurance Program regulations;and any other applicable laws and executive orders.General guidance for FEMA's EHP process is available on the DHS/FEMA Website at: httpsV/www.fema.gov/grants/guidance-toolsVenvironmental-historic.Specific applicant guidance on how to submit information for EHP review depends on the individual grant program and applicants should contact their grant Program Officer to be put into contact with EHP staff responsible for assisting their specific grant program.The EHP review process must be completed before funds are released to carry out the proposed project;otherwise,DHS/FEMA may not be able to fund the project due to noncompliance with EHP laws,executive orders,regulations,and policies.If ground disturbing activities occur during construction,applicant will monitor ground disturbance,and if any potential archaeological resources are discovered the applicant will immediately cease work in that area and notify the pass-through entity,if applicable,and DHS/FEMA. Article 43 Applicability of DHS Standard Terms and Conditions to Tribes The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon recipients and flow down to sub-recipients as a matter of law,regulation,or executive order.If the requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes,then the acceptance by Tribes of,or acquiescence to,DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe.The execution of grant documents is not intended to change,alter,amend,or impose additional liability or responsibility upon the Tribe where it does not already exist. Article 44 Acceptance of Post Award Changes In the event FEMA determines that an error in the award package has been made, or if an administrative change must be made to the award package,recipients will be notified of the change in writing.Once the notification has been made,any subsequent requests for funds will indicate recipient acceptance of the changes to the award.Please call FEMA Grant Management Operations at(866)927-5646 or via e-mail to:ASK-GMD@fema.dhs.gov if you have any questions. Article 45 Disposition of Equipment Acquired Under the Federal Award For purposes of original or replacement equipment acquired under this award by a non-state recipient or non-state sub-recipients,when that equipment is no longer needed for the original project or program or for other activities currently or previously supported by a federal awarding agency,you must request instructions from FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. section 200.313.State recipients and state sub-recipients must follow the disposition requirements in accordance with state laws and procedures. DHS-FEMA-EMPG-FY24 Page 38 of 46 Mason County, E25-112 Article 46 Prior Approval for Modification of Approved Budget Before making any change to the FEMA approved budget for this award,you must request prior written approval from FEMA where required by 2 C.F.R.section 200.308.For purposes of non-construction projects, FEMA is utilizing its discretion to impose an additional restriction under 2 C.F.R.section 200.308(f)regarding the transfer of funds among direct cost categories,programs,functions,or activities. Therefore,for awards with an approved budget where the federal share is greater than the simplified acquisition threshold(currently$250,000),you may not transfer funds among direct cost categories,programs,functions,or activities without prior written approval from FEMA where the cumulative amount of such transfers exceeds or is expected to exceed ten percent(10%)of the total budget FEMA last approved.For purposes of awards that support both construction and non- construction work,FEMA is utilizing its discretion under 2 C.F.R.section 200.308(h) (5)to require the recipient to obtain prior written approval from FEMA before making any fund or budget transfers between the two types of work.You must report any deviations from your FEMA approved budget in the first Federal Financial Report(SF-425)you submit following any budget deviation,regardless of whether the budget deviation requires prior written approval. Article 47 Indirect Cost Rate 2 C.F.R.section 200.211(b)(15)requires the terms of the award to include the indirect cost rate for the federal award.If applicable,the indirect cost rate for this award is stated in the budget documents or other materials approved by FEMA and included in the award file. DHS-FEMA-EMPG-FY24 Page 39 of 46 Mason County, E25-112 Obligating document 1.Agreement No. 2.Amendment 3. Recipient 4.Type of 5.Control No. EMS-2024-EP- No. No. Action SX00368N2024T 05000 WA 916001095 AWARD 6. Recipient Name and Address 7. Issuing FEMA Office 8. Payment Office and MILITARY DEPARTMENT, and Address Address WASHINGTON STATE FEMA Region X FEMA, Financial CAMP MURRY BUILDING 1 130 228th Street, S.W. Services Branch CAMP MURRAY,WA 98430 Bothell,Washington 500 C Street,S.W., 98021-9796 Room 723 425-487-4600 lWashington DC,20742 9. Name of Recipient 9a.Phone 10. Name of FEMA Project 108. Project Officer No. Coordinator Phone No. Sierra Wardell 253- Emergency Management 1-877-585- 5127121 Performance Grant Grant Program 3242 11.Effective Date of 12.Method of �`rrangement .Assistance 14. Performance This Action Payment Period 10/01/2023 to 09/09/2024 OTHER-FEMA COST SHARING 09/30/2026 GO Budget Period 10/01/2023 to 09/30/2026 15.Description of Action a.(Indicate funding data for awards or financial changes) Accounting Amount Program Assistance Data Prior Awarded Current Total Cumulative Name Total Non-Federal Abbreviation Listing No. (ACCS Award This Action +Award Commitment Code) or(-) 2024-FA- EMPG 97.042 GA01 - $0.00 $6,821,397.00$6,821,397.00 See Totals R 107-)om- 4120-D Totals$0.00 i$6,821,397.001$6,821,397.00$6,821,397.00 b.To describe changes other than funding data or financial changes, attach schedule and check here: N/A 16.FGR NON DISASTER PROGRAMS! RECIPIENT 16 REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT TO FEMA(See Sleek 7!OF mess) This field is riot applicable for digitally signed grant agreements 17.RECIPIENT SIGNATORY OFFICIAL(Name and Title) DATE Sierra Wardell 09/11/2024 18.FEMA SIGNATORY OFFICIAL(Name and Title) DATE Patrick Marcham,Grants Program Division Director Region 10 09/09/2024 DHS-FEMA-EMPG-FY24 Page 40 of 46 Mason County, E25-112 Attachment D WORK PLAN FY 2024 Emergency Management Performance Grant The purpose of this attachment is to identify the activities planned by the Subrecipient under this Grant Agreement, funded by EMPG and required match funding, and subsequently approved as allowable under EMPG by the EMPG Program Manager. Emergency Manageme rganizationA Mason County Division Emergency Management(DEM) The purpose of EMPG is to assist with the enhancement, sustainment and improvement of state, local, and tribal emergency management programs. Activities conducted using EMPG funding should relate directly to the five mission areas of the national preparedness goal of prevention, protection, response, recovery, and mitigation. Washington State does not require a specific number of activities to receive EMPG funding. However, there are required capabilities that must be sustained in order to remain eligible for EMPG funding, including but not limited to the ability to communicate and warn, educate the public, plan, train, exercise, and be NIMS compliant. The Work Plan delineates the Emergency Management Organization's emergency management program planning and priority focus for this grant cycle (to include EMPG grant and local funds). Priority Area-Sustainment Facility Rental Priority Area#1 4.12 Emergency Public Information and Education Primary Core Capabilitil Community Resilience Secondary Core Capability Public Information and Warning Build or Sustai Sustaining/Maintaining WORK PLANNED IDENTIFIED GAP/NEED ANTICIPATED PROJECT IMPACT Renew the 2025 contract with Code To ensure emergency warnings In compliance with the After-Action Red for a public warning system for reach citizens, both local and Review of the McEwan Fire and Mason County and increase the visitors, in Mason County. We are following activations, Public enrollment throughout County mandated to provide an emergency Notification has been noted as a partnership for the purpose of warning system per our EAS plan. shortcoming within Mason County's emergency notification. We utilize a QR ability to provide emergency alerts Code for alert sign ups that are and updates. Execute the contract provided during community outreach with Code Red for use as our public events, trainings, and new staff warning system. Gain additional orientation. The QR code is posted on subscribers and expand our ability our Facebook page as well as the to give out emergency information CodeRed sign up link that is also posted in several different formats. on the County website. 4.12 Emergency Public Information and Education Primary Core Capability Community Resilience Secondary Core Capability Long-term Vulnerability Reduction Build or Sustain Sustaining/Maintaining WORK PLANNED IDENTIFIED GAP/NEED ANTICIPATED PROJECT IMPACT Purchase all hazards community There is an ongoing need for public These educational and preparedness outreach and preparedness materials awareness and knowledge of materials will provide the citizens and supplies to support and provide emergency preparedness and a high with the education and tools needed preparedness presentations, demand to provide this information to make family emergency plans, community outreach events,job fairs, at public education presentations survival kits, and coordinate and training. This is part of our DHS-FEMA-EMPG-FY24 Page 41 of 46 Mason County, E25-112 resource fairs, community risk whole community approach in community efforts to help families, reduction events, and training. education for emergency neighborhoods and communities. preparedness. 7 Priority4.6 Incident Management ability Operational Communications Primary Core Cai� Secondary Core Capability Operational Coordination Build or Sustain Sustaining/Maintaining WORK PLANNED IDENTIFIED GAP/NEED ANTICIPATED PROJECT IMPACT Continuing the PLAN (23EMPG)to "Emergency responders across the This will meet the regulatory upgrade and outfit the Primary and state have difficulty communicating requirements to establish and Secondary EOCs and to complete the with each other due to unreliable maintain the primary and alternate last phase of the mobile radio coverage from outdated and EOCs due to the Hazard Mitigation communications van operational technologically inadequate analysis indicating the county's capability. equipment and infrastructure. SPR topography which divides it -Complete the purchase of minor p. 304" geographically.The alternate EOC is equipment and supplies, including but located on the opposite side of the not limited to, hard boxes for radio "Radio communication gaps across geographical divide, which will allow storage, watt meters, IC 7300 mini the state in local jurisdictions due to service to continue throughout the radio manuals (waterproof), antenna aging equipment and infrastructure, county. tripod, etc. changes in technology and the - Evaluate and provide needed inability to keep pace, and maintenance (rental of manlift to safely challenges due to mountainous access the EOC antennas) terrain. SPR p. 303" Necessary to - Purchase laptop monitor extender establish and maintain command (04MD-03-DISP) and control. • 4.6 Incident Management Primary Core Capability Community Resilience Secondary Core Capability Long-term Vulnerability Reduction Build or Sustain Building WORK PLANNED IDENTIFIED GAP/NEED ANTICIPATED PROJECT IMPACT Continue the expansion and The CERT program educates Having these trailers and supplies standardization of the previously grant volunteers about disaster (critical infrastructure) in place prior purchased CERT trailers. Purchase preparedness for the hazards that (pre-planning)to a major emergency approximately 40 Community may impact their area and trains or disaster will build a more resilient Emergency Response Team (CERT) them in basic disaster response community. The citizens within the backpacks (21GN-00-CCEQ) as our skills, such as fire safety, light county will have quicker and easier program continues to grow based on search,team organization, and access to life-saving supplies if they requests from other geographical areas disaster medical operations. For become and isolated community. in the county, as initial issue PPE for many years Mason County has been This project will also strengthen the training and response, which complies providing CERT training for its communication and coordination with NIMS and ICS, maintaining citizens and we now have several with all our CERT. command, control and communication trained groups located throughout with secondary response groups. We the county. As a county with very will continue to host CERT trainings as limited resources, we rely heavily on well as refresher trainings for the these group to assist us during an existing teams and will assign the new emergency or disaster. Due to backpacks during these events. topography and numerous water bodies, the county is very divided, and communities can easily become DHS-FEMA-EMPG-FY24 Page 42 of 46 Mason County, E25-112 isolated islands during winter storms, earthquakes, landslides and other emergencies/disasters that can interrupt transportation routes. if this happens then our CERT members may be left without the necessary equipment to safely and efficiently do their jobs when needed. The pre-staged CERT trailers, with supplies, in these areas would allow our CERT to be self- sufficient and have the necessary equipment to provide life safety response without delay. Our CERT will likely be the first response, especially within their own communities. They will be able to effectively triage and identify where other limited resources (Fire, EMS, LE) would respond, allowing them to prioritize calls. Update and revise the CEMP and The CEMP is a requirement of RCW Revisions will provide clarity on the appendices, emergency operational 38.52.033 (3) and needs county's roles and responsibilities plans and policies to align with Mason reviewed/updated every 5 years. for emergency management, County's operational approach to using Our current plan requires review in ensuring plans are in place for a ICS/Area Command during disaster 2024. smooth transition of governmental response. operations, emergency activation, and disaster response. DHS-FEMA-EMPG-FY24 Page 43 of 46 Mason County, E25-112 Attachment E TIMELINE FY 2024 Emergency Management Performance Grant The purpose of this attachment is to identify applicable and agreed upon due dates for Grant Agreement milestones to include deliverables that must be submitted to the Department. Both the Department and the Subrecipient shall monitor adherence with the dates below. DATE TASK June 1, 2024 Grant Agreement Start Date April 30, 2025 Submit reimbursement request September 30, 2025 Grant Agreement End Date— all work must be complete November 15, 2025 Submit final reimbursement request, final report, training requirement report, and/or other deliverables. The Subrecipient must request prior written approval from Department Key Personnel to waive or extend a due date in the above Timeline. For waived or extended reimbursement due dates, all allowable costs should be submitted on the next scheduled reimbursement due date contained in the above Timeline. DHS-FEMA-EMPG-FY24 Page 44 of 46 Mason County, E25-112 Attachment F BUDGET FY 2024 Emergency Management Performance Grant The purpose of this attachment is to identify how the funding is budgeted per the identified activities in the Work Plan. If funding is identified as not being required, contact the Department Key Personnel as soon as possible so funding can be reallocated. 24EMPG AWARD $ 31,453.00 SOLUTION AREA BUDGET CATEGORY EMPG AMOUNT MATCH AMOUNT Personnel&Fringe Benefits $ - $ - ZTravel/Per Diem $ - $ - Z Supplies $ - $ - Z Consultants/Contracts $ - $ Q - a Other $ - $ - Subtotal $ - $ - Z Personnel&Fringe Benefits $ - $ 11,143 Travel/Per Diem $ - $ - N Supplies $ 11,053 $ - Q Consultants/Contracts $ 19,990 $ 20,310 Other $ - $ - 0 Subtotal $ 31,043 $ 31,453 Personnel &Fringe Benefits $ - $ - N Travel/Per Diem $ - $ - u Supplies $ - $ - XConsultants/Contracts $ - $ - Lu Other $ - $ - Subtotal $ - $ - Personnel&Fringe Benefits $ - $ - Z Travel/Per Diem $ - $ - Z Supplies $ - $ - Q Consultants/Contracts $ - $cc - H Other $ - $ - Subtotal $ - $ - Equipment $ 410 $Cr - W Subtotal $ 410 $ - Personnel&Fringe Benefits $ - $ - Travel/Per Diem $ - $ - < Supplies $ - $ - 2 Consultants/Contracts $ - $ - Other $ - $ - Subtotal $ - $ - Indirect $ - $ - Indirect Cost Rate on file 0.00% for Time Period of. N/A TOTAL Grant Agreement AMOUNT: $ 31,453 $ 31,453 The Subrecipient will provide a match of$31,453 of non-federal origin, 50% of the total project cost(local budget plus EMPG award). Cumulative transfers to budget categories in excess of ten percent (10%) of the Grant Agreement Amount will not be reimbursed without prior written approval from the Department. Funding Source: U.S. Department of Homeland Security - PI# 743PT— EMPG DHS-FEMA-EMPG-FY24 Page 45 of 46 Mason County, E25-112 Attachment G BUILD AMERICA, BUY AMERICA ACT SELF-CERTIFICATION The undersigned certifies, to the best of their knowledge and belief, that: The Build America, Buy America Act (BABAA) requires that no federal financial assistance for"infrastructure" projects is provided "unless all of the iron, steel, manufactured products, and construction materials used in the project are produced in the United States." Section 70914 of Public Law No. 117-58, §§ 70901-52. The undersigned certifies that for the Insert Project Name and Location that the iron, steel, manufactured products, and construction materials used in this contract are in full compliance with the BABAA requirements including: 1. All iron and steel used in the project are produced in the United States. This means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. 2. All manufactured products purchased with FEMA financial assistance must be produced in the United States. For a manufactured product to be considered produced in the United States, the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55% of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation. 3. All construction materials are manufactured in the United States. This means that all manufacturing processes for the construction material occurred in the United States. "The [Contractor or Subcontractor], , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the [Contractor or Subcontractor] understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any." Signature of [Contractor's or Subcontractor's] Authorized Official Enter Name and Title Name and Title of[Contractor's or Subcontractor's] Authorized Official Date DHS-FEMA-EMPG-FY24 Page 46 of 46 Mason County, E25-112 Washington Military Department Contract Number: E25-112 Debarment, Suspension, Ineligibility or Voluntary Exclusion Certification Form NAME Doing business as(DBA) Mason County Emergency Management 1 ADDRESS Applicable Procurement WA Uniform Business Federal Employer Tax 100 W. Public Works Dr. or Solicitation#,if any: Identifier(UBI) Identification#: Shelton, WA 98584 232-002-101 91-6001354 This certification is submitted as part of a request to contract. Instructions For Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Covered Transactions READ CAREFULLY BEFORE SIGNING THE CERTIFICATION. Federal regulations require contractors and bidders to sign and abide by the terms of this certification, without modification, in order to participate in certain transactions directly or indirectly involving federal funds. 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the department, institution or office to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable CFR, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under applicable CFR, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Non-procurement Programs. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business activity. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under applicable CFR, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Covered Transactions The prospective lower tier participant certifies, by submission of this proposal or contract, that neither it nor its principals is presently debarred,suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this form. ! i Bidder or Contractor Signature: Date: Print Name and Title: Mark Neary, County Administrator i i I Washington Military Department Contract Number:E25-112 i FEDERAL DEBARMENT, SUSPENSION INELIGIBILITY and VOLUNTARY EXCLUSION I (FREQUENTLY ASKED QUESTIONS) What is "Debarment,Suspension, Ineligibility, and Voluntary Exclusion"? These terms refer to the status of a person or company that cannot contract with or receive grants from a federal agency. In order to be debarred, suspended, ineligible, or voluntarily excluded, you must have: • had a contract or grant with a federal agency, and • gone through some process where the federal agency notified or attempted to notify you that you could not contract with the federal agency. • Generally, this process occurs where you, the contractor, are not qualified or are not adequately performing under a contract, or have violated a regulation or law pertaining to the contract. Why am I required to sign this certification? You are requesting a contract or grant with the Washington Military Department. Federal law (Executive Order 12549) requires Washington Military Department ensure that persons or companies that contract with Washington Military Department are not prohibited from having federal contracts. What is Executive Order 12549? Executive Order 12549 refers to Federal Executive Order Number 12549. The executive order was signed by the President and directed federal agencies to ensure that federal agencies, and any state or other agency receiving federal funds were not contracting or awarding grants to persons, organizations, or companies who have been excluded from participating in federal contracts or grants. Federal agencies have codified this requirement in their individual agency Code of Federal Regulations (CFRs). What is the purpose of this certification? The purpose of the certification is for you to tell Washington Military Department in writing that you have not been prohibited by federal agencies from entering into a federal contract. What does the word "proposal" mean when referred to in this certification? Proposal means a solicited or unsolicited bid, application, request, invitation to consider or similar communication from you to Washington Military Department. What or who is a "lower tier participant"? Lower tier participants means a person or organization that submits a proposal, enters into contracts with, or receives a grant from Washington Military Department, OR any subcontractor of a contract with Washington Military Department. If you hire subcontractors, you should require them to sign a certification and keep it with your subcontract. What is a covered transaction when referred to in this certification? Covered Transaction means a contract, oral or written agreement, grant, or any other arrangement where you contract with or receive money from Washington Military Department. Covered Transaction does not include mandatory entitlements and individual benefits. Sample Debarment, Suspension, Ineligibility, Voluntary Exclusion Contract Provision Debarment Certification. The Contractor certifies that the Contractor is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Contract by any Federal department or agency. If requested by Washington Military Department, the Contractor shall complete a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form. Any such form completed by the Contractor for this Contract shall be incorporated into this Contract by reference. SIGNATURE AUTHORIZATION FORM (sAF) WASHINGTON MILITARY DEPARTMENT Camp Murray, Washington 98430-5122 I Please read instructions on page 2 before completing this form. NAME OF ORGANIZATION DATE SUBMITTED Mason County Emergency Management 10/18/2024 GRANT PROGRAM -Acronyms Accepted AGREEMENT NUMBER(S) FY24 EMPG E25-112 1. AUTHORIZING AUTHORITY PHYSICAL SIGNATURE E-SIGNATURE PRINT OR TITLE &TERM OF OFFICE TYPE NAME (If applicable) Randy Neatherlin Chair Kevin Shutty Vice-Chair Sharon Trask Commissioner ss 2. AUTHORIZED TO SIGN AGREEMENTS /AMENDMENTS PHYSICAL SIGNATURE E-SIGNATURE PRINT OR TITLE &TERM OF OFFICE TYPE NAME (If applicable) Mark Neary County Administrator John Taylor DEM Manager 3. AUTHORIZED TO SIGN REQUESTS FOR REIMBURSEMENT PHYSICAL SIGNATURE E-SIGNATURE PRINT OR TITLE &TERM OF OFFICE TYPE NAME (If applicable) Tammi Wright Sr. EM Coordinator - John Taylor DEM Manager SAF Revised 5/8/2024 Page 1 of 1 C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Meghan Andrews&Mary Ransier Ext.422 Department: Human Resources Briefing: ❑X Action Agenda: ❑X Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): October 28,2024 Agenda Date: November 5,2024 Internal Review: ❑X Finance ❑X Human Resources ❑X Legal ❑ Information Technology ❑X 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• Increase the 2025 Non-Represented Medical Contribution by$52 Per Month Contribution at$1,570 per month,per employee(2025 rate): MEDICAL - It is recommended that the Board adopt, effective January 1, 2025, the County's health insurance contribution rates for Elected Officials,eligible Non-Represented Employees,and any Collective Bargaining Agreements (Community& Family Health, Public Defenders, Probation, Prosecutors Support Staff, Public Defenders Support Staff and Deputy Prosecutors) in place and ratified on January 1, 2025, who participate in PEBB medical and utilizing the pooling method, and resulting in a distribution as follows: $1,236.69 per month per Employee for those individuals enrolled in PEBB medical as an employee only (no dependent coverage). This contribution also covers dental,vision, and basic life insurance. $2,002.67 per month per Employee for those individuals enrolled in PEBB medical as an employee with one or more dependents. This contribution also covers dental,vision,and basic life insurance. Background/Executive Summary: $52 medical increase for Elected Officials and Non-Represented employees maintains parity with recommended increases proposed for the members of the current Collective Bargaining Agreements within the County Budget Impact(amount,funding source,budget amendment): 2025 Budget Public Outreach (news release,community meeting, etc.): N/A Requested Action: Approval to amend Resolution No. 2023-067for the County's 2025 health insurance contributions to the following: effective January 1,2025 for participants of the PEBB Medical program,which allocates through the pooling method, $1,236.69 per month County contribution for employees with single enrollments on medical, and$2,002.67 with dependent enrollments,for Teamsters Probation, Community &Family Health,Non-Represented,Elected Officials,Public Defenders,Prosecutors Support Staff, Public Defenders Support Staff,Deputy Prosecutors and General Services. Attachments Resolution Pooling Calculation Details PEBB Medical Premium charts RESOLUTION NO. 20241= AMEND RESOLUTION NO. 2021=075 DETERMINING THE COUNTY9S 2025 HEALTH INSURANCE CONTRIBUTIONS WHEREAS, RCW 36.40.080 states that the Board of County Commissioners shall fix and determine each item of the budget separately and shall by resolution adopt the bUdget; and WHEREAS, RCW 36.16-070 states that the Board shall fix the benefit compensation of all employees; and WHEREAS, the Board has determined that the County's contribution towards health insurance premiums for Elected Officials, eligible non-represented employees, shall increase by $52 per month for a total contribution of $1,570 (One thousand five hundred and seventy dollars) per month, effective January 1, 2025; and WHEREAS, the Board has determined the County's contribution towards health insurance premiums for Elected Officials, eligible non-represented employees, and also those members of the Collective Bargaining Agreements who participate in PEBB medical insurance to utilize the pooling method; and NOW THEREFORE BE IT RESOLVED, effective January 1, 2025, for Elected Officials, eligible non- represented employees, and the following Collective Bargaining Agreements who participate in PEBB: Teamsters Community & Family Health, General Services, Probation, Prosecutor's Support Staff, and 1AM Woodworkers Public Defender's Support Staff, Public Defenders and Deputy Prosecutors utilizing a pooling method to allocate contributions to be resulting in a distribution as follows.- $1,236.69 per month per Employee for those individuals enrolled in PEBB medical as an employee only (no dependent coverage). This contribution also covers dental, vision, and basic life insurance. $2,002-67 per month per Employee for those individuals enrolled in PEBB medical as an employee with one or more dependents. This contribution also covers dental, vision, and basic life insurance. Approved this day of 2024. BOARD OF COUNTY COMMISSIONERS Sharon Trask, Commissioner Kevi_n____S_h_utty, Commissioner Randy Neatherlin, Chairperson Attest: McKenzie Smith, Clerk of the Board Approved as to Form. Tim Whitehead, ChieNf Deputy Prosecutor cc: Financial Services, Payroll Human Resources All Elected Officials and Department Heads Please note:County contribution amounts are subject to change in accordance with any memorandum of understanding,collective bargaining agreement,or resolution. Such official changes in contribution levels for 2025 will be announced after the documents are signed. Health and Welfare Breakdown TEAMSTERS/OPERATORS PUBLIC WORKS $1,509.00 Teamster's Plan B Medical or Kaiser(both Composite Premiums)(3 month disability waiver built in) $18.00 Weekly Time Loss of$400(up to 180 days) $11.40 9-Month Waiver(Trust will pay up to 9 months of medical premiums for eligible disability) 143.37 Willamette Dental,VSP Vision&Standard Basic Life with WCIF. Delta members are reduced by$0.31 $1,681.77 Total Health and Walfare 1 570.00 MONTHLY COUNTY CONTRIBUTION-2025 RATE $111.77 MONTHLY EMPLOYEE CONTRIBUTION(LOTH PAY CHECK EACH MONTH) TEAMSTERS APPRAISERS $1,509.00 Teamster's Plan B Medical or Kaiser(both Composite Premiums)(3 month disability waiver built in) $3.00 Weekly Time Loss of$100(up to 180 days) $11.40 9-Month Waiver(Trust will pay up to 9 months of medical premiums for eligible disability)Paid by employer per CBA 143.37 Willamette Dental,VSP Vision&Standard Basic Life with WCIF. Delta members are reduced by$0.31 $1,666.77 GRAND TOTAL MONTHLY PREMIUM 1 581.40 MONTHLY COUNTY CONTRIBUTION(2025 RATE-Includes$11.40(9-Month waiver) $85.37 MONTHLY EMPLOYEE CONTRIBUTION(LOTH PAY CHECK EACH MONTH) $175.00 Retiree Medical XL Plan(Optional but you can't enroll once you have declined coverage) $260.37 Total if you have the Retiree Medical Plan($4.97 less if you have Willamette) TEAMSTERS JUVENILE DETENTION $1,509.00 Teamster's Plan B Medical or Kaiser(both Composite Premiums)(3 month disability waiver built in) $18.00 Weekly Time Loss of$400(up to 180 days) $11.40 9 Month Waiver 143.37 Willamette Dental,VSP Vision&Standard Basic Life with WCIF. Delta members are reduced by$0.31 $1,681.77 GRAND TOTAL MONTHLY PREMIUM 1 570.00 MONTHLY COUNTY CONTRIBUTION(2025 RATE) $111.77 MONTHLY EMPLOYEE CONTRIBUTION(LOTH PAY CHECK EACH MONTH) AFSCME $1,509.00 Teamster's Plan B Medical or Kaiser(both Composite Premiums)(3 month disability waiver built in) 143.37 Willamette Dental,VSP Vision&Standard Basic Life with WCIF. Delta members are reduced by$0.31 $1,652.37 GRAND TOTAL MONTHLY PREMIUM 1 570.00 MONTHLY COUNTY CONTRIBUTION(2025 RATE) $82.37 MONTHLY EMPLOYEE CONTRIBUTION(10TH PAY CHECK EACH MONTH) ENGINEERS GUILD $1,509.00 Teamster's Plan B Medical or Kaiser(both Composite Premiums)(3 month disability waiver built in) 143.37 Willamette Dental,VSP Vision&Standard Basic Life with WCIF. Delta members are reduced by$0.31 $1,652.37 GRAND TOTAL MONTHLY PREMIUM 1 570.00 MONTHLY COUNTY CONTRIBUTION(2025 RATE) $82.37 MONTHLY EMPLOYEE CONTRIBUTION(10TH PAY CHECK EACH MONTH) IWA CORRECTIONS AND SUPPORT STAFF $1,358.72 The Nelson Trust(Dental through Moda Health,VSP vision,and Basic Life and AD&D) $1,358.72 GRAND TOTAL MONTHLY PREMIUM-Updated Rate for July 2024(June worked hours)Rate inceases mid-year) 1 518.00 MONTHLY COUNTY CONTRIBUTION(2024 RATE) $0.00 MONTHLY EMPLOYEE CONTRIBUTION(10TH PAY CHECK EACH MONTH) COMMUNITY FAMILY HEALTH,ELECTED OFFICIALS, NON REPRESENTED,PUBLIC DEFENDERS,PROBATION, PROSECUTORS CLERICAL AND PUBLIC DEFENDERS SUPPORT STAFF PEBB-Medical-Dental-Vision 2025 The County premium contribution using the pooling method,effective January 1,2025 by Resolution 2024- All pooled @ 2025 rate of$1,570 Copays Annual Deductibles Max out-of-pocket Employee EE/Spouse EE/Children Full Family Kaiser Permanente WA PREMIUM $1,070.89 $1,970.17 $1,745.35 $2,644.64 CLASSIC $15 Primary Care $175/Person $2,000/Person COUNTY POOLED CONTRIBUTION $1,236.69 $2,002.67 $2,002.67 $2,002.67 $30 Specialist $525/Family $4,000/Family EMPLOYEE PAYS(Payroll Deduction) F NONE NONE NONE $641.97 Kaiser Permanente WA PREMIUM $1,061.17 $1,950.73 $1,728.34 $2,617.91 VALUE $30 Primary Care $250/Person $3,000/Person COUNTY POOLED CONTRIBUTION $1,236.69 $2,002.67 $2,002.67 $2,002.67 $50 Specialist $750/Family $6,000/Family EMPLOYEE PAYS(Payroll Deduction) F NONE NONE NONE $615.24 Kaiser Permanente WA PREMIUM $972.86 $1,772.76 $1,587.37 $2,328.94 CDHP 10%/Primary Care $1,650/Person $5,100/Person COUNTY POOLED CONTRIBUTION $1,236.69 $2,002.67 $2,002.67 $2,002.67 10%Specialist $3,300/Family $10,200/Family EMPLOYEE PAYS(Payroll Deduction) F NONE NONE NONE $326.27 Kaiser Permanente WA PREMIUM $1,015.26 $1,858.92 $1,648.00 $2,491.66 SOUND CHOICE 0 Primary Care $125/Person $2,000/Person COUNTY POOLED CONTRIBUTION $1,236.69 $2,002.67 $2,002.67 $2,002.67 (Must live or work in Snohomish,King, 15%Specialist $375 Family $4,000/Family EMPLOYEE PAYS(Payroll Deduction) NONE NONE NONE $488.99 Pierce or Thurston County) Uniform Medical Plan Classic PREMIUM $1,076.01 $1,980.42 $1,754.32 $2,658.73 15%Primary Care $250/Person $2,000/Person COUNTY POOLED CONTRIBUTION $1,236.69 $2,002.67 $2,002.67 $2,002.67 15%Specialist $750/Family $4,000/Family EMPLOYEE PAYS(Payroll Deduction) F NONE NONE NONE $656.06 Uniform Medical Plan Select PREMIUM $1,025.41 $1,879.22 $1,665.77 $2,519.58 20%Primary Care $750/Person $3,500/Person COUNTY POOLED CONTRIBUTION $1,236.69 $2,002.67 $2,002.67 $2,002.67 20%Specialist $2,250/Family $7,000/Family EMPLOYEE PAYS(Payroll Deduction) F NONE NONE NONE $516.91 Uniform Medical Plan CDHP PREMIUM $993.91 $1,814.86 $1,624.21 $2,386.83 15%Primary Care $1,650/Person $4,200/Person COUNTY POOLED CONTRIBUTION $1,236.69 $2,002.67 $2,002.67 $2,002.67 15%Specialist $3,300/Family $8,400/Family EMPLOYEE PAYS(Payroll Deduction) F NONE NONE NONE $384.16 Uniform Medical Plan PLUS or PREMIUM $1,100.86 $2,030.12 $1,797.81 $2,727.07 Uniform Medical Plan Plus UW 0%Primary Care $125/Person $2,000/Person COUNTY POOLED CONTRIBUTION $1,236.69 $2,002.67 $2,002.67 $2,002.67 Medicine ACN (Must live in Snohomish,King,Kitsap, Pierce,Spokane,Yakima,Skagit or 15%Specialist $375/Family $4,000/Family EMPLOYEE PAYS(Payroll Deduction) NONE $27.45 NONE $724.40 Thurston County) Tobacco Use Surcharge $25.00 $25.00 $25.00 $25.00 Spouse Waiver Premium Surcharge $0.00 $50.00 $0.00 $50.00 Medical Waived $171.60 $171.60 $171.60 $171.60 Please visit Healthcare Authority PEBB"My Account"for detailed plan information DENTAL Deductibles Max out-of-pocket VISION OPTIONS BASIC LIFE AND AD&D Insurance Uniform Dental Group#3000 $50/Person$150/Family You pay amounts over Davis Vision by MetLife Basic Life $35,000 Basic AD&D $5,000 Delta Dental PPO $1,750 May enroll in supplemental Term Life Insurance without providing evidence of insurability if enrolled no later than 60 days after Delta Care Group#3100 NONE No General Plan EyeMed becoming eligible. Managed care w/limited dentists Maximum Willamette Dental(Group WA82) No General Plan MetLife Vision May enroll in optional LTD within 31 days of initial eligibility for PEBB NONE Maximum Default Plan benefits.After 31 days must also complete Evidence of Insurability Managed care&their facilities form. COMMUNITY FAMILY HEALTH,ELECTED OFFICIALS, NON REPRESENTED,PUBLIC DEFENDERS,PROBATION, PROSECUTORS CLERICAL AND PUBLIC DEFENDERS SUPPORT STAFF PEBB-Medical-Dental-Vision 2025 The County premium contribution using the pooling method,effective January 1,2025 by Resolution 2024- All pooled @ 2025 rate of$1,570 Copays Annual Deductibles Max out-of-pocket Employee EE/Spouse EE/Children Full Family Kaiser Permanente WA PREMIUM $1,070.89 $1,970.17 $1,745.35 $2,644.64 CLASSIC $15 Primary Care $175/Person $2,000/Person COUNTY POOLED CONTRIBUTION $1,236.69 $2,002.67 $2,002.67 $2,002.67 $30 Specialist $525/Family $4,000/Family EMPLOYEE PAYS(Payroll Deduction) F NONE NONE NONE $641.97 Kaiser Permanente WA PREMIUM $1,061.17 $1,950.73 $1,728.34 $2,617.91 VALUE $30 Primary Care $250/Person $3,000/Person COUNTY POOLED CONTRIBUTION $1,236.69 $2,002.67 $2,002.67 $2,002.67 $50 Specialist $750/Family $6,000/Family EMPLOYEE PAYS(Payroll Deduction) F NONE NONE NONE $615.24 Kaiser Permanente WA PREMIUM $972.86 $1,772.76 $1,587.37 $2,328.94 CDHP 10%/Primary Care $1,650/Person $5,100/Person COUNTY POOLED CONTRIBUTION $1,236.69 $2,002.67 $2,002.67 $2,002.67 10%Specialist $3,300/Family $10,200/Family EMPLOYEE PAYS(Payroll Deduction) F NONE NONE NONE $326.27 Kaiser Permanente WA PREMIUM $1,015.26 $1,858.92 $1,648.00 $2,491.66 SOUND CHOICE 0 Primary Care $125/Person $2,000/Person COUNTY POOLED CONTRIBUTION $1,236.69 $2,002.67 $2,002.67 $2,002.67 (Must live or work in Snohomish,King, 15%Specialist $375 Family $4,000/Family EMPLOYEE PAYS(Payroll Deduction) NONE NONE NONE $488.99 Pierce or Thurston County) Uniform Medical Plan Classic PREMIUM $1,076.01 $1,980.42 $1,754.32 $2,658.73 15%Primary Care $250/Person $2,000/Person COUNTY POOLED CONTRIBUTION $1,236.69 $2,002.67 $2,002.67 $2,002.67 15%Specialist $750/Family $4,000/Family EMPLOYEE PAYS(Payroll Deduction) F NONE NONE NONE $656.06 Uniform Medical Plan Select PREMIUM $1,025.41 $1,879.22 $1,665.77 $2,519.58 20%Primary Care $750/Person $3,500/Person COUNTY POOLED CONTRIBUTION $1,236.69 $2,002.67 $2,002.67 $2,002.67 20%Specialist $2,250/Family $7,000/Family EMPLOYEE PAYS(Payroll Deduction) F NONE NONE NONE $516.91 Uniform Medical Plan CDHP PREMIUM $993.91 $1,814.86 $1,624.21 $2,386.83 15%Primary Care $1,650/Person $4,200/Person COUNTY POOLED CONTRIBUTION $1,236.69 $2,002.67 $2,002.67 $2,002.67 15%Specialist $3,300/Family $8,400/Family EMPLOYEE PAYS(Payroll Deduction) F NONE NONE NONE $384.16 Uniform Medical Plan PLUS or PREMIUM $1,100.86 $2,030.12 $1,797.81 $2,727.07 Uniform Medical Plan Plus UW 0%Primary Care $125/Person $2,000/Person COUNTY POOLED CONTRIBUTION $1,236.69 $2,002.67 $2,002.67 $2,002.67 Medicine ACN (Must live in Snohomish,King,Kitsap, Pierce,Spokane,Yakima,Skagit or 15%Specialist $375/Family $4,000/Family EMPLOYEE PAYS(Payroll Deduction) NONE $27.45 NONE $724.40 Thurston County) Tobacco Use Surcharge $25.00 $25.00 $25.00 $25.00 Spouse Waiver Premium Surcharge $0.00 $50.00 $0.00 $50.00 Medical Waived $171.60 $171.60 $171.60 $171.60 Please visit Healthcare Authority PEBB"My Account"for detailed plan information DENTAL Deductibles Max out-of-pocket VISION OPTIONS BASIC LIFE AND AD&D Insurance Uniform Dental Group#3000 $50/Person$150/Family You pay amounts over Davis Vision by MetLife Basic Life $35,000 Basic AD&D $5,000 Delta Dental PPO $1,750 May enroll in supplemental Term Life Insurance without providing evidence of insurability if enrolled no later than 60 days after Delta Care Group#3100 NONE No General Plan EyeMed becoming eligible. Managed care w/limited dentists Maximum Willamette Dental(Group WA82) No General Plan MetLife Vision May enroll in optional LTD within 31 days of initial eligibility for PEBB NONE Maximum Default Plan benefits.After 31 days must also complete Evidence of Insurability Managed care&their facilities form. Mason County Agenda Request Form To: Board of Mason County Commissioners From: Mark Neary Ext. 530 Department: County Administrator Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): November 4, 2024 Agenda Date: November 5, 2024 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: Sale of Parcel No. 32005-31-60070 Background/Executive Summary: On July 2, 2024 the Commissioners passed Resolution no. 2024-041 declaring parcel no. 32005-31-60070 as surplus. On August 13, 2024 at a public hearing, the parcel was declared surplus. Per Mason County Code 3.40, this parcel may be sold at public sale. An offer was received from Thaddeus and Brenda Bamford for $10,000. 2024 assessed value: $5,935 Current offer: $10,000 Contingencies: 22D (Optional Clauses), 22LA (Land/Acreage), 34 (Addendum) 35E (Escalation) Budget Impact (amount, funding source, budget amendment): Public Outreach (news release, community meeting, etc.): Publication of notice of sale in the official newspaper of the county at least once a week for two consecutive weeks. Requested Action: Approval to set a Public Hearing for Tuesday, December 3 to consider the sale of parcel no. 32005-31- 60070 in the amount of $10,000 to Thaddeus and Brenda Bamford. Attachments: Notice of Hearing NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold a public hearing in Mason County Building I, Commission Chambers, 411 North Fifth Street, Shelton, WA 98584 on Tuesday, December 3, 2024 at 9:15 a.m. SAID HEARING will be to take public comment on the sale of parcel no. 32005-31-60070. 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 5th day of November, 2024. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON __________________________________ McKenzie Smith, Clerk of the Board Bill: Support Services 411 N 5th Street Shelton, WA 98584 Cc: Commissioners Shelton Journal: Publ. 2t: November 14, 2024 & November 21, 2024 C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Mike Collins,P.E.Deputy Director/County Ext.450 Engineer Department: Public Works Briefing: Action Agenda: ❑X Public Hearing: Special Meeting: ❑ Briefing Date(s): September 16,2024 Agenda Date: September 24,2024—Set Hearing November 5,2024—Public Hearin Internal Review: ❑ Finance ❑ Human Resources 0 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: Franchise Agreement Application for River Haven Recreation—Set Hearing/Hearing Background/Executive Summary: Kenneth Smith, Treasurer/Water Manager of River Haven Recreation,Inc. has applied for a franchise renewal,previously permitted as a Master Road Use Permit. Public Works has reviewed and updated the franchise language,as done for with all water system franchise renewals and included a provision for an automatic renewal for up to three 10-year terms. The franchise will cover their water system along West Haven Drive in the River Haven Recreation Community, (Schafer Park Road)WA. Budget Impact(amount, funding source,budget amendment): Application is not considered new, and applicant has paid the $300 renewal of their respective franchise. Public Outreach (news release,community meeting, etc.): The public will be notified through the normal public hearing notice process. Requested Action: Recommend the Board authorized the following actions: 1. September 24,2024,regular agenda: • Schedule public hearing for November 5,2024 at 9:15am to consider approving the franchise agreement between Mason County and River Haven recreation,Inc. to construct, operate and maintain their water system along West Haven Drive(Schafer Park Rd.). 2. November 5,2024,public hearing: • Approve the franchise agreement between Mason County and River Haven recreation, Inc. to construct, operate and maintain their water system along West Haven Drive (Schafer Park Rd.). Attachments: 1. Franchise Agreement 2. Map of franchise area 3.Notice IN THE MATTER OF THE APPLICATION OF RIVER HAVEN RECREATION, INC. FOR A FRANCHISE PERMIT TO CONSTRUCT, OPERATE,AND MAINTAIN WATER SYSTEM UTILITY FACILITIES, OVER,ALONG AND UNDER COUNTY ROADS AND HIGHWAYS LOCATED IN MASON COUNTY.,WASHINGTON Application of(Name of operator)River Haven Recreation,Inc., doing business in Washington as River Haven Recreation, Inc., with its principal offices located at 51 West Spruce Place Elma WA 98541 by and through(person authorized to actfor and on behaifofapplicant) Kenneth Smith, for a franchise to construct, operate and maintain (description of type) Private Water System utility facilities in, over, along and under county roads and highways in Mason County,Washington,as set forth in attached Exhibit `B" (Franchise Area), having come on regularly for hearing before the County Commissioners of Mason County, Washington, on the day of _,20_, at the hour of under the provisions of RCW 36.55,RCW 80.32.010 and RCW 80.36.040,and it appearing to the Board that notice of said hearing has been duly given as required by law, and that it is in the public interest to allow the franchise herein granted; NOW THEREFORE,IT IS ORDERED that a non-exclusive franchise be, and the same is hereby given and granted to Operator, and its successors and assigns,hereinafter referred to as the Franchisee,for a period of 10 years with automatic renewal at the end of each term of 10 years unless either party gives the other written notice of termination at least 30 days prior to the end of the relevant term. (no more than ten years each term and can only be renewed 3 times) from and after the date of the entry of this order for the purposes, at the location(s), and upon the express terms and conditions as described herein. I. DEFINITIONS For the purposes of this franchise,terms,phrases,words,and their derivations not defined herein that are defined in Title 12 of the Mason County Code or the Manual on Accommodating Utilities in the Mason County Right-of-Waypublished by the County Engineer(the"Manual"),shall have the same meaning or be interpreted as.provided in Title 12 of the Mason County Code or the Manual. Words not defined here, in Title 12 of the Mason County Code or the Manual shall have their ordinary meaning. A reference to Title 12 of the Mason County Code or the Manual refers to the same as may be amended, revised,updated,re-enacted or re-codified from time to time. II. GRANT The County of Mason hereby grants to the Franchisee a non-exclusive franchise which, once it becomes effective shall authorize the Franchisee to enter upon the road rights-of-way located within the Franchise Area identified in attached Exhibit`B", for the purpose of installing, constructing,maintaining,repairing,replacing, adjusting,relocating and operating the utility 1 facilities,which grant shall be limited to the following described purpose(s):Water System. Such grant is subject to and must be exercised in strict accordance with and subject to this franchise, Title 12 of the Mason County Code, the Manual and all applicable laws, rules, regulations and ordinances. Franchisee's exercise of any rights granted pursuant to the franchise is subject to the exercise of the County's police powers,and other regulatory powers as it may have or obtain in the future. No rights shall pass to the franchisee by implication. This franchise does not include permission to enter into or upon the road rights-of-way for any purposes others than the purposes expressly described herein. Permittee has a duty to notify the County of any change in use or condition of the utility facilities that may affect the status of the utility facilities or the impact of the utility facilities upon the road rights-of-way. III. UTILITY PERMIT REQUIRED Franchisee shall not commence or perform work(hereafter"Work")to install, construct,maintain repair,replace adjust, connect, disconnect,rebuild, or relocate its utility facilities within the road rights-of-way,without first applying for,paying all associated fees,and obtaining a utilitypermit as required pursuant to Title 12 of the Mason County Code. In anyutility permit so issued,the County may impose,as a condition of the granting the utilitypermit,such conditions and regulations as may be necessary for the protection,preservation and management of the road rights-of-way,including, by way of example and not limitation, for the purpose of protecting any structures in the road rights-of-way,maintaining proper distance from other utilities, ensuring the proper restoration of such road rights-of-way and structures, and for the protection of the County and the public and the continuity of pedestrian and vehicular traffic. Franchisee shall first file with the County Engineer its application for a utility permit to do such Work together with plans and specifications in triplicate showing at a minimum: A.The position,depth and location of all such utility facilities sought to be constructed,laid, installed or erected at that time,showing their relative positionto existing county roads,rights-of-way or other county property upon plans drawn to scale,hereinafter collectively referred to as the`Snap of definite location; B. The class and type of material and equipment to be used, manner of excavation, construction,installation,backfill,erection of temporary structures,erection ofpermanent structures, traffic control,traffic turnouts and road obstructions; C. The manner in which the utility facility is to be installed; D. Measures to be taken to preserve safe and free flow of traffic; E. Structural integrity of the roadway,bridge, or other structure; 2 F. Specifications for the restoration of the county road,right-of--way or other county-property in the event that the road right of way will be disturbed by the Work; and G. Provision for ease of future road maintenance and appearance of the roadway. Provision shall be made for known or planned expansion of the utility facilities,particularly those located underground or attached to bridges or other structures within the road right-of-way. The location, alignment and depth of the utility facilities shall conform with said map of definite location, except in instances in which deviation may be allowed thereafter in writing by the County Engineer pursuant to application by Franchisee. All such Work shall be subject to the approval of and shall pass the inspection of the County Engineer.The Franchisee shall pay all costs of and expenses incurred in the examination,inspection and approval of such work on account of granting the said utility permits. W. RESTORATION OF ROAD RIGHT OF WAY In any Work which disturbs or causes damage to the road rights-of-way subject to this franchise, public or private property, the Franchisee shall at its own expense and with all convenient speed, complete the work to repair and restore the county road right-of-way, or the public or private property so disturbed or damaged, and leave the same in as good or better condition as before the Work was commenced,to the reasonable satisfaction of the County Engineer. The Franchisee shall pay all costs of and expenses incurred in the examination, inspection and approval of such restoration or repair. The County Commissioners and/or County Engineer may at any time do,order or have done any and all work that they consider necessary to restore to a safe condition such County road right-of-way or other County property left by the Franchisee or its agents in a condition dangerous to life or property, and the Franchisee,upon demand, shall pay to the County all costs of such work. V. FRANCHISEE WORK IN RIGHT OF WAY Franchisee expressly agrees and understands that,with regard to Work within the road rights-of-way: A. All of Franchisee's utility facilities and Work within the road rights-of-way or other County property shall be in compliance with the provisions of Title 12 MCC, the Manual, the administrative regulations adopted by the County Engineer,other County established requirements for placement of utility facilities in road rights-of-way, including the specific location of utility facilities in the road rights-of-way, and all applicable laws,rules,regulations and ordinances; B. hi preparing plans and specifications for Work of utility facilities in the road rights-of- way the Franchisee shall use the Manual. Prior to commencement of work in the road rights-of-way, 3 Franchisee shall submit such plans and specifications to the Mason County Engineer for review and approval together with adequate exhibits depicting existing or proposed location ofthe utility facility in relation to the road, including right-of-way or easement lines; relationship to currently planned road revisions,if applicable;and all locations and situations for which deviations in depth of cover (including the proposed method of protection) or other locational standards that are anticipated; C. All Work to utility facilities located within the road rights-of-way or other county property subject to this franchise shall be done in such a manner as not to interfere, other than in ways approved by the County,with the construction, operation and maintenance of other utilities, public or private, drains, drainage ditches and structures,irrigation ditches and structures, located therein,nor with the grading or improvements of such County roads,rights-of-way or other County property, D. The owners and operators of all utility facilities (public or private) installed in the Franchise Area or other county property prior in time to the utility facilities of the Franchisee,shall have preference as to the alignment and location of such utilities so installed with respect to the Franchisee. Such preference shall continue in the event ofthe necessity ofrelocating or changing the grade of any such county road or right-of-way; E. Franchisee shall perform the Work and operate its utility facilities in a manner that minimizes interference with the use of the road rights-of-way by others,including others that maybe installing utility facilities; and F. The County may require that Franchisee's utility facilities be installed at a particular time, at a specific place,or in a particular manner as a condition of access to a particular road right-of-way; may deny access if a Franchisee is not willing to comply with the County's requirements; and may remove, .or require removal of, any utility facility that is not installed in compliance with the requirements established by the County, or which is installed without prior County approval of the time, place, or manner of installation and charge the Franchisee for all the costs associated with removal; and may requzr e Franchisee to cooperate with others to minimize adverse impacts on the road rights-of-way through joint trenching and other arrangements. G. The County may inspect the utility facilities at any time reasonable under the circumstances to ensure compliance with this franchise and applicable law,including to ensure that the utility facilities are constructed and maintained in a safe condition. If an unsafe condition is in addition to taking any other actionpermitted under applicable law,may found to exist,the County, g order the Franchisee, in writing, to make the necessary repairs and alterations specified therein forthwith to correct the unsafe condition on a time-table established by the County which is reasonable in light of the unsafe condition. The County has the right to correct,inspect,administer, and repair the unsafe condition if the Franchisee fails to do so, and to charge the Franchisee therefore. The right of the County to conduct such inspections and order or make repairs shall not be construed to create an obligation therefore,and such obligation to construct and maintain its utility facilities in a safe condition shall at all times remain the sole obligation of the Franchisee. 4 H. When required by the County,Franchisee shall make information available to the public regarding any work involving the ongoing installation,construction,adjustment,relocation,repair or maintenance of its utility facilities sufficient to show (1)the nature of the work being performed; (2)where it is being performed; (3)its estimated completion date; and(4)progress to completion. I. FRANCHISEE IS PLACED ON NOTICE THAT FIBER OPTIC,COMMUNICATIONS, POWER, CONTROL SYSTEMS, OTHER TYPES OF CABLES, AND PIPELINES MAY BE BURIED ON THE RIGHT OF WAY. Before beginning any underground work, Franchisee will contact the appropriate personnel to have such facilities located and make arrangements as to protective measures that must be adhered to prior to the commencement of any work within the Road rights-of-way. In addition to the liability terms elsewhere in this Agreement, Franchisee shall indemnify and hold the County and its elected and appointed officers, employees and agents harmless against and from all cost,liability,and expense whatsoever(including,without limitation, attorney's fees and court costs and expenses)arising out of or in any way contributed to by any act or omission of Franchisee,its contractor, agents and/or employees,that cause or in any way or degree contribute to (1) any damage to or destruction of any such facilities by Franchisee, and/or its contractor, agents and/or employees, on the County's property, (2) any injury to or death of any person employed by or on behalf of any entity,and/or its contractor,agents and/or employees,on the road rights-of-way, and/or(3) any claim or cause of action for alleged loss of profits or revenue,or loss of service, by a customer or user of services or products of such company(ies) (collectively "Liabilities" for purposes of this Section V.I). The only Liabilities with respect to which Franchisee's obligation to indemnify the County and its elected and appointed officers, employees and agents does not apply are Liabilities to the extent arising out of,caused by or resulting from the negligence of the County, and its elected and appointed officers, employees and agents and Liabilities that by law the County and its elected and appointed officers, employees and agents for which the County cannot be indemnified. J. Franchisee shall continuously be a member of the State of Washington one number locator . service under RCW 19.122, or an approved equivalent, and shall comply with all such applicable rules and regulations. K. Except in the event of emergency as described below,Franchisee and its Agents may not enter upon the Franchise Area to perform work for which a utility permit is not required,unless and except upon two-business days notice to the County Engineer. L. In the event of an emergency involving the threat of imminent harm to persons or property,and for purposes of taking immediate corrective action,Franchisee and its agents may enter the Franchise Area without advance notice to the County as long as such entry is for the sole purpose of addressing the emergency;provided however,that if any entry for such purposes would require issuance of a utility permit,Franchisee shall give the Countyverbal or telephonic notice ofthe places where and the manner in which entry is required prior to such entry,promptly followed by written notice. In all cases,notice to the County shall be given as far in advance as practical prior to entry or as soon as practicable after entry upon the road right-of-Way. M. Franchisee shall promptly reimburse the County for their reasonable and direct costs 5 incurred in responding to an emergency that is caused, created by or attributable to the presence, construction,maintenance,repair,or operation of the Franchisees utility facilities in the road rights- of-way. N. If,during installation,construction,relocation,realignment,adjustment,maintenance,or repair of the Franchisee's utility facilities in the road rights-of-way,Franchisee or its agents discover scientific or historic artifacts, Franchisee shall immediately notify the County of said discovery and shall protect such artifacts in a manner as specified by the County. Any such artifact shall be the property of the County if the County wishes to own it. VI. PROTECTION OF PUBLIC All work done under this franchise shall be done in a thorough and workman-like manner. In the performance of Work within or near the road rights-of-way, including without limitation, the opening of trenches and the tunneling under county roads,rights-ofway or other county property,the Franchisee shall leave such trenches, ditches and tunnels in such a way as to interfere as little as possible with public travel and shall take all due and necessary precautions to guard the same,so that damage or injury shall not occur or arise by reason of such Work; and where any of such trenches, ditches and tunnels are left open at night,the Franchisee shall place warning lights,barricades and other appropriate protective devices at such a position as to give adequate warning of such Work. The Franchisee shall be liable for any injury to person or persons or damage to property sustained arising out of its carelessness or neglect, or through any failure or neglect to properly guard or give warning of any trenches, ditches or tunnels dug or maintained by the Franchisee. VII. POLICE POWERS The County of Mason,in granting this franchise,does not waive any rights which it now has or may hereafter acquire with respect to county roads, rights-of-way or other county property and this franchise shall not be construed to deprive the county of any powers,rights or privileges which it now has or may hereafter acquire to regulate the use of and to control the county roads,rights-of-way and other county property covered by this franchise. The County retains the right to administer and regulate activities of the Franchisee up to the fullest extent of the law. The failure to reserve a particular right to regulate, or reference a particular regulation,shall not be interpreted bynegative implication or otherwise to prevent the application of a regulation to the Franchisee. VIII. RELOCATION Franchisee shall, in the course of any Work, comply with the following requirements: A. The Franchisee shall, by a time specified by the County, protect, support, temporarily disconnect,relocate,or remove any of its utility facilities when required by the County by reason of 6 traffic conditions;public safety;road right-of-way construction;road right-of-way repair(including resurfacing or widening); change of road right-of-way grade; construction,installation,or repair of County-owned sewers,drains,water pipes,power lines,signal lines,tracks,communications system, other public work, public facility, or improvement of any government-owned utility; road right-of-way vacation; or for any other purpose where the County work involved would be aided by the removal or relocation of the utility facilities. Collectively,such matters are referred to below as the"public work." Franchisee acknowledges and understands that any delay by Franchisee in perfonning the herein described work may delay, hinder, or interfere with the work performed by the County and its contractors and subcontractors done in furtherance of such Public Work and result in damage to the County,including but not limited to,delay claims. Franchisee shall cooperate with the County and its contractors and subcontractors to coordinate such Franchisee work to accommodate the Public Work project and project schedules to avoid delay, hindrance of, or interference with the Public Work. The County of Mason shall make available to the Franchisee a copy of the Six Year Transportation Program and the County's annual construction program after adoption eachyear. Itis anticipated these programs will aid the utility in planning construction programs. B. Franchisee has a duty to protect its utility facilities from work performed by the County within the road rights-of-way. The rights granted to the Franchisee herein do not preclude the County of Mason, its employees, contractors, subcontractors, and agents from blasting, grading, excavating, or doing other necessary road work contiguous to Franchisee's utility facilities; providing that, the Franchisee shall be given a minimum of forty-eight (48) hours notice of said blasting or other work in order that the Franchisee may protect its utility facilities. C. In the event of an emergency,or where the utility facility creates or is contributing to an imminent danger to health, safe property, the County may protect, support, temporarily disconnect,remove,or relocate any or all parts of the utility facility without prior notice,and charge the Franchisee for costs incurred. D. If any Person that is authorized to place facilities in the road right of way requests the Franchisee to protect, support,temporarily disconnect,remove,or relocate the Franchisee's utility facilities to accommodate the construction,operation,or repair of the facilities of such otherperson, the Franchisee shall,after 30 days'advance written notice,take action to effect the necessary changes requested;provided that,if such project is related to or competes with Franchisee's service,or if the _ effect of such changes would be to permanently deprive Franchisee of the beneficial enjoyment of this franchise for its intended purposes through interference with the operation of Francbisee's utility facilities or otherwise, Franchisee shall not be required to relocate its utility facilities. Unless the matter is governed by a valid contract or a state or federal law or regulation, or unless the Franchisee's utility facilities were not properly installed, the reasonable cost of the same shall be home by the Person requesting the protection, support, temporary disconnection, removal, or relocation at no charge to the County, even if the County makes the request for such action. 7 E. The Franchisee shall, on the request of any person holding a valid permit issued by a governmental authority, temporarily raise or lower its wires to permit the moving of buildings or other objects. The expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting the same. The County of Mason will accept liability for direct and actual damages to said Franchisee that are the result of the negligence of Mason County, its trustees, officers, employees, contractors, subcontractors or agents while performing County improvement or Public Works projects enumerated in the original franchise agreement under Section VIII,paragraph B. Direct and actual damages are specifically limited to physical damage to properly installed and located infrastructure of the Franchisee and the cost to repair such physical damage. Mason County retains the right to assert all applicable defenses in the event of a dispute including contributory negligence on the part of the Franchisee. Mason County shall in no way be liable for incidental damages claimed to arise from such actions. All Work to be performed by the Franchisee under this section shall pass the inspection of the County Engineer. The Franchisee shall pay all costs of and expenses incurred in the examination, inspection and approval of such work. IX. PRESERVATION OF MONUMENTSWARKERS Before any work is performed under this franchise which may affect any existing monuments or markers of any nature relating to subdivisions,plats,roads and all other surveys,the Franchisee shall reference all such monuments and markers. The reference points shall be so located that they will not be disturbed during the Franchisee's operations under this franchise. The method ofreferencing these monuments or other points to be referenced shall be approved by the County Engineer. The replacement of all such monuments or markers disturbed during construction shall be made as expeditiously as conditions permit,and as directed by the County Engineer. The cost ofmonuments or other markers lost, destroyed, or disturbed, and the expense of replacement by approved monuments shall be borne by the Franchisee. A complete set of reference notes for monument and other ties shall be filed with the office of the Mason County Engineer. X. VACATION OF ROAD RIGHT-OF-WAY If at any time the County shall vacate any County road,right-of-way or other Countyproperty which is subject to rights granted by this franchise and said vacation shall be for the purpose of acquiring the fee or other property interest in said road, right-of-way or other county property for the use of Mason County,in either its proprietary or governmental capacity,then the Board of Mason County Commissioners may, at its option, and by giving thirty(30) days written notice to the Franchisee, terminate this franchise with reference to such county road,right-of-way or other countyproperty so vacated, and the County of Mason shall not be liable for any damages or loss to the Franchisee by 8 reason of such termination. It has been the practice of Mason County to reserve easements for utilities at the time of road vacation,and will continue to be the practice until such time the Board of Mason County Commissioners direct a change of practice. XI.FINANCIAL SECURITY A. Insurance Except as otherwise provided herein,Franchisee shall maintain for itself and the County,throughout the entire period any part of Franchisee's utility facilities are located in the Franchise Area, adequate insurance to protect the Parties and their elected and appointed officers, agents, employees against all of County's and Franchisee's liability arising out of Franchisee's use and occupancy of the Franchise Area or any part thereof. This obligation shall require the Franchisee to maintain insurance at least in the following amounts: 1. COMMERCIAL GENERAL LIABILITY insurance to cover liability,bodily injury, and property damage. The Commercial General Liability insurance shall be written on an occurrence basis, with an aggregate limit location endorsement for the Franchise Area, and shall provide coverage for any and all costs,including defense costs, and losses and damages resulting from personal injury, bodily injury and death, property damage, products liability and completed operations. Such insurance shall include blanket contractual coverage, including coverage for the Franchise as now or hereafter amended and specific coverage for the indemnity provisions set forth herein. Coverage must be written with the following limits of liability: Bodily and Personal Injury&Property Damage $ 1,000,000 per Occurrence $ 2,000,000 aggregate 2 WORKERS' COMPENSATION insurance shall be maintained to comply with statutory limits for all employees, and in the case any work is sublet,the Franchisee shall require its contractors and subcontractors similarly to provide workers' compensation insurance for all the employees. The Franchisee shall also maintain, during the life of this policy, employer's liability insurance;provided that this obligation shall not apply to any time period during which Franchisee has no employees. The following minimum limits must be maintained: Workers Statutory rY 1 000 Employer's Liability $ ,000 each occurrence 3.COMPREHENSIVE AUTO LIABILITY insurance shall include owned,hired,and non-owned vehicles operated by Franchisee employees on an occurrence basis with coverage of at - least$2,000,000 per occurrence. If the Franchisee,its contractors, or subcontractors do not have the required insurance,the County may require such entities to stop operations until the insurance is obtained and approved. 9 Certificates of Insurance reflecting evidence of the required insurance and approved by the County's Risk Manager for the GENERAL LIABILITY policies described above,shall be sent to the County's risk manager. The certificate shall be filed with the acceptance of the franchise, and annually thereafter, and as provided below. All coverage shall be listed all on one certificate with the same expiration dates. The certificates shall contain a provision that coverages afforded under these policies will not be canceled until at least 30 days'prior written notice has been given to the County. In the event that the insurance certificate provided indicates that the insurance shall terminate or lapse during the period of the franchise,then,in that event,the Franchisee shall furnish,at least 30 days prior to the expiration of the date of such insurance,a renewed certificate of insurance as proof that equal and like coverage has been or will be obtained prior to any such lapse or termination during the balance of the period of the franchise. The County reserves the right, during the term of the franchise, to require any other insurance coverage or adjust the policy limits as it deems reasonably necessary utilizing sound risk management practices and principals based upon the loss exposures. Each insurance policy required pursuant to this franchise shall be primary and non-contributing as respects any coverage maintained by the County and shall include an endorsement reflecting the same. Any other coverage maintained by County shall be excess of this coverage herein defined as primary and shall not contribute with it. The certificate of insurance must reflect that the above wording is included in all such policies. Each insurance policy obtained pursuant to this franchise shall be issued by financially sound insurers who may lawfully do business in the State of Washington with a financial rating at all times during coverage of no less than rating of"A" and a class of"X" or better in the latest edition of `Best's Key Rating Guide"published by A.M.Best Company,or such other financial rating or rating guide approved in writing by the County's risk manager. hi the event that at any time during coverage,the insurer does not meet the foregoing standards,Franchisee shall give prompt notice to the County and shall seek coverage from an insurer that meets the foregoing standards. The County reserves the right to change the rating or the rating guide depending upon the changed risks or availability of other suitable and reliable rating guides. Comprehensive general liability insurance policies and coverage obtained pursuant to this franchise shall include an endorsement(standard ISO form CG 24-1 7) deleting all exclusions for work or incidents occurring within any distance from a railroad track or railroad property, or on, over, or under a railroad track.. Insurance policies required pursuant to this franchise shall have no non-standard exclusions unless approved of by the County Risk Manager or designee. 10 Commercial general liability insurance policies obtained pursuant to this franchise shall name the County as an additional insured without limitation,pursuant to an endorsement approved of by the County's Risk Manager or designee. Franchisee and Franchisee's Contractors' insurers,through policy endorsement, shall waive their rights of subrogation against the County for all claims and suits. The certificate of insurance must reflect this waiver of subrogation rights endorsement. Commercial General Liability Insurance policies and coverage required herein of public utility operators may include a reasonable deductible or self-insured retention;provided,however,that as to any Loss or Damage covered as provided herein, if Franchisee elects to include any deductible or self-insured retention,Franchisee shall itself directly cover,in lieu of insurance,any and all County liabilities that would otherwise in accordance with the provisions of this Franchise be covered by Franchisee's insurance if Franchisee elected not to include a deductible or self-insured retention. Such direct coverage by Franchisee shall be in an amount equal to the amount of Franchisee's actual deductible or self-insured retention. Franchisee shall be required to provide a certification of self- insurance retention to the county in a form and content acceptable to the county engineer. B. Performance/PaymentBond. At the same time Franchisee provides its acceptance of this Franchise, the Franchisee shall, if required by the County Engineer, provide a performance and payment bond to ensure the full and faithful performance of all of its responsibilities under this franchise and applicable rules,regulations and ordinances, including, by way of example,but not limited to,its obligations to relocate and remove its utility facilities,to restore theroad rights-of-way and other property when damaged or disturbed, and to reimburse the County for its costs. The amount of the performance and payment bond shall be for ZERO ($,. The amount of the bond,or cash deposit as described below,may be adjusted by the County every five years from the date of execution of this franchise,to take into account cumulative inflation or increased risks to the County. The Franchisee may be required to obtain additional bonds in accordance with the County's ordinary . practices. The bond shall be in a form with terms and conditions acceptable to the County and reviewed and approved by the County Engineer. The bond shall be with a surety with a rating no less than "A X" in the latest edition of"Bests Key Rating Guide," published by A.M.Best Guide. The Franchisee shall pay all premiums or costs associated with maintaining the bond,and shall keep the same in full force and effect at all times.If Franchisee fails to provide or maintain the bond,then the County,in its sole discretion,may require Franchisee to substitute an equivalent cash deposit as described below in lieu of the bond. Franchisee,may at its election or upon order by the County, substitute an equivalent cash deposit instead of a performance and payment bond. This cash deposit shall ensure the full and faithful - performance of all of Franchisee's responsibilities hereto under this Permit and all applicable laws, rules,regulations or ordinances. This includes,but is not limited to, its obligations to relocate or remove its facilities, restore the road rights-of-way and other property to their original condition, reimbursing the County for its costs, and keeping Franchisee's insurance in full force. 11 The County shall notify Franchisee in writing, by certified mail, of any default and shall give Franchisee thirty(30)days from the date of such notice to cure any such default. In the event that the Franchisee fails to cure such default to the satisfaction of the County,the County may,at its option, forfeit the entire amount of the cash deposit or draw upon the cash deposit up to the amount of the County's costs incurred to cure Franchisee's default. Upon the County's cure of Franchisee's default,the County shall notify Franchisee in writing of such cure. In the event that the County draws upon the cash deposit or forfeits the same, Franchisee shall thereupon replenish the cash deposit to the full amount as specified herein or provide a replacement performance and payment bond. Before any Work commences in the road right-of-way,the County Engineer may-require the operator to provide a performance and payment bond for each separate proj ect in an amount to be determined by the County Engineer, but not less than five hundred dollars, written by a surety company acceptable to the County Risk Manager and authorized to do business in the state of Washington. The purpose of the bond is to insure completion of construction, including the restoration of surfacing,slopes,slope treatment,topsoil,landscape treatment,and drainage facilities,and cleanup of rights-of-way, and payment of costs incurred by the County to enforce the requirements of this Chapter. The performance and payment bond shall be in place for a period ending not more than one year after the date of completion. A proj ect specific performance bond shall not be required in the event that the franchisee has in place a blanket performance bond and, when required, a payment bond, maintained pursuant to the requirements of this franchise. A performance and payment bond for work in the road right-of-way will not be required of the United States Government or any of its agencies or of any municipal corporation or department of the state of Washington and its local subdivisions. C. Limitation of Liability. To the fullest extent permitted by law,the Franchisee shall,and shall cause its contractor(s) to release, indemnify, defend and hold harmless the county and the county's legal representatives, officer(elected or),appointed) employees and agents(collectively, "indemnitees") for,from and against any and all claims,liabilities,fines,penalties,cost,damages, losses, liens, causes of action, suits, demands, judgments and expenses (including, without limitations, court costs, attorneys' fees and costs of investigation, removal and remediation and governmental oversight costs),Environmental or otherwise(collectively"liabilities")of anynature, kind, or description, of any person or entity,directly or indirectly,arising out of,resulting from,or related to (in whole or in part): 1. this franchise; 2. any rights or interests granted pursuant to this franchise; 12 3. franchisee's occupation and use of the road right of way; 4. franchisee's operation of its utility facilities; 5. the presence of utility facilities within the right of way; 6. the environmental condition and status of the road right-of-way caused by, aggravated by, or contributed to,in whole or in part,by franchisee or its agents; or 7. The acts, errors,or omissions of third parties when arising out of the installation, construction,adjustment,relocation,replacement,removal,or maintenance of such third party utility facilities within the road rights-of-way when such work is performed under authority of the operator's utility permit or at the direction or under the control of the operator;or 8. any act or omission of franchisee or franchisee's agents; The only liabilities with respect to which franchisee's obligation to indemnify the indemnitees do not apply are liabilities to the extent arising out of, caused by or resulting from the negligence of the county, its officers, agents, employees or contractors and liabilities that by law the indemnities cannon be indemnified for. Upon written notice from the county,franchisee agrees to assume the defense of anylawsuit or other proceeding brought against any indemnitee by any entity, relating to any matter covered by this franchise for which franchisee has an obligation to assume liability for and/or save and hold harmless any indemnitee.Franchisee shall pay all cost incident to such defense,including,but not limited to, attorneys'fees,investigators'fees,litigation and appeal expenses,settlement payments and amounts paid in satisfaction of judgments. Franchisee will fully satisfy said judgment within ninety(90)days after said suit or action shall have finally been determined if determined adversely to Mason County. Upon the Franchisee's failure to satisfy said judgment within the ninety (90) day period, this franchise shall at once cease and terminate. Acceptance by the County of any Work performed by the Franchisee at the time of completion shall not be grounds for avoidance of this covenant. XII. FRANCHISE NONEXCLUSIVE This franchise shall not be deemed to be an exclusive franchise. It shall in no manner prohibit the County of Mason from granting other utilities under,along,across,over and upon any of the County - roads,rights-of-way or other County property subject to this franchise and shall in no way prevent or prohibit the County of Mason from constructing, altering,maintaining or using any of said roads, rights-of-way,drainage structures or facilities,irrigation structures or facilities,or any other county property or affect its jurisdiction over them or any part of them with full power to make all necessary changes,relocations,repairs,maintenance, etc.,the same as the county may deem fit. g 13 XIII. SUCCESSORS AND ASSIGNS All the provisions,conditions,regulations and requirements herein contained shall be binding upon the successors and assigns of the Franchisee,and all privileges,as well as all obligations and liability of the Franchisee, shall ensure to its successors and assigns equally as if they were specifically mentioned wherever the Franchisee is mentioned. Any reference in this franchise to a specifically named party shall be deemed to apply to any successor,heir, administrator, executor or assign of such party who has acquired its interest in compliance with the terms of this franchise,or under law. XIV. TRANSFER/ASSIGNMENT Franchisee may assign or transfer this franchise after prior written notice to County of Mason and assignee's written commitment,in a form and content approved by the County Prosecutor,delivered to County of Mason,that assignees shall thereafter be responsible for all obligations of Franchisee with respect to the franchise and guaranteeing performance under the terms and conditions of the franchise and that transferee will be bound by all the conditions of the franchise and will assume all the obligations of its predecessor. Such an assignment shall relieve the Franchisee of any further obligations under the franchise, including any obligations not fulfilled by Franchisee's assignee; provided that,the assignment shall not in any respect relieve the Franchisee,or any of its successors in interest,of responsibility for acts or omissions,known or unknown,or the consequences thereof, which acts or omissions occur prior to the time of the assignment. No franchise or master road use permit maybe assigned or transferred without filing or establishing with the county the insurance certificates and performance bond as required pursuant to this franchise. XV. ANNEXATION Whenever any of the County roads, rights-of-way or other county property as designated in this franchise,b reason of the subsequent incorporation of any town or city,or extension of the limits of y hall b o eration of law or otherwise any town or city, shall fall within the city or town limits ands y p terminate in respect to the said roads,rights-of-way or other county property so included with city or town limits; this franchise shall continue in force and effect to all county roads, rights-of-way or other county property not so included in city or town limits. XVI. REVOCATION/REMEDIES A. Revocation. In addition the right to revoke this franchise as set forth in Title 12 of the Mason County Code, if the Franchisee shall willfully violate, or fail to comply with any of the provisions of this franchise through willful or unreasonable neglect or fail to heed or comply with any notice given the Franchisee under the provision of this grant, then Franchisee shall forfeit all rights conferred hereunder and this franchise maybe revoked or annulled,after a public hearing by the Board of County Commissioners. The Franchisee shall not be relieved of any of its obligations to comply promptly with any provision of this franchise by reason of any failure of the County to enforce prompt compliance,and the County's failure to enforce shall not constitute a waiver of rights . 14 or acquiescence in the Licensee's conduct. Subject to the required consent, adjudication, permission or authorization of a federal or state regulatory agency with jurisdiction over the subject matter, upon revocation of the franchise, the County may require the Franchisee to remove its utility facilities from any road rights-of-way, and restore such road right-of-way to its same or better condition as existed just prior to such removal,or de-commission and abandon such utility facilities in place in whole or in part and in a manner approved by the County Board of Commissioners. If the Franchisee fails to remove utility facilities that the County requires it to remove,the County may perform the work and collect the cost thereof from the Franchisee. The actual cost thereof,including direct and indirect administrative costs,shall be alien upon all utility facilities of the Franchisee within the franchise Area effective upon filing of the lien with the Mason County Auditor. B. Remedies. The County has the right to exercise any and all of the following remedies, singly or in combination,in the event of Default. "Default"shall mean any failure of Franchisee or its agents to keep,observe,or perform any of Franchisee's or its agent's duties or obligations under this franchise: 1. Damages. Franchisee shall be liable for any and all damages incurred by County. 2. Specific Performance. County shall be entitled to specific performance of each and every obligation of Franchisee under this franchise without anyrequirement to prove or establish that County does not have an adequate remedy at law. Franchisee hereby waives the requirement of any such proof and acknowledges that County would not have an adequate remedy at law for Franchisee's commission of an Event of Default hereunder. 3. Injunction. County shall be entitled to restrain, by injunction, the actual or threatened commission or attempt of an Event of Default and to obtain a judgment or order specifically prohibiting a violation or breach of this Agreement without, in either case, being required to prove or establish that County does not have an adequate remedy at law. Franchisee hereby waives the requirement of any such proof and acknowledges that County would not have an adequate remedy at law for Franchisee's commission of an Event of Default hereunder. 4. Alternative Remedies. Neither the existence of other remedies identified in this franchise nor the exercise thereof shall be deemed to bar or otherwise limit the right ofthe County to commence an action for equitable or other relief, and/or proceed against Franchisee and any guarantor for all direct monetary damages, costs and expenses arising from the Default and to recover all such damages, costs and expenses,including reasonable attorneys' fees. Remedies are cumulative; the exercise of one shall not foreclose the exercise of others. XVII. SUBSEQUENT ACTION hi the event that after this franchise becomes effective, (a) there is a change in the law which 15 broadens the authority of the County of Mason or the Franchisee with respect to any act permitted or authorized under this franchise; or (b) the County of Mason or the Franchisee believe that amendments to this franchise are necessary or appropriate, then the County of Mason and the Franchisee agree to enter into good faith negotiations to amend this franchise so as to enable the Parties to address, in a manner reasonably acceptable to all Parties, such change or other development which formed the basis for the negotiations. The Parties recognize that the purpose of the negotiations would be to preserve, to the maximum extent consistent with law, the scope and purpose of this franchise. Mason County reserves for itself the right at any time upon ninety(90) days written notice to the Franchisee, to so change, amend, modify or amplify any of the provisions or conditions herein enumerated to conform to any state statute or countyregulation,relating to the public welfare,health, safety or highway regulation,as may hereafter be enacted,adopted or promulgated and this franchise maybe terminated at such time a public hearing is held by the Board of County Commissioners,and the Franchisee's utility facilities are found not to be operated or maintained in accordance with such statute or regulation. XVIII. ACCEPTANCE Franchisee shall execute and return to the County of Mason a signed acceptance of the franchise granted hereunder. The acceptance shall be in the form of the acceptance attached hereto as Exhibit "A", and in accepting the franchise, Franchisee warrants that it has carefully read the terms and conditions of this franchise and accepts all of the terms and conditions of this franchise and agrees to abide by the same and acknowledges that it has relied upon its own investigation of all relevant facts, that it has had the assistance of counsel, that it was not induced to accept a franchise, that this franchise represents the entire agreement between the Franchisee and the County of Mason.In the event the Franchisee fails to submit the countersigned ordinance and acceptance as provided for herein within the time limits set forth in this section,the grant herein is and shall become null and void. XIX. MISCELLANEOUS PROVISIONS A. Controlling Law/Venue. Any disputes concerning the application or interpretation of any of the provisions of this franchise shall be governed by the laws of the State of Washington. Venue of any action or arbitration brought under this franchise shall be in Mason County,Washington or the Western District of Washington if an action is brought in federal court provided, however, that venue of such action is legally proper. B. Liens. Franchisee shall promptly pay and discharge any and all liens arising out of any Work done, suffered or permitted to be done by Franchisee on any Franchise Area. C. Waiver. No waiver by either party of any provision of this franchise shall in any way impair the right of such party to enforce that provision for any subsequent breach, or County of Mason's right to enforce all other provisions of this franchise. 16 D. Attorneys Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this franchise, the substantially prevailing Party or Parties shall be entitled to reasonable attorneys fees,costs and necessary disbursements in addition to any other relief to which such Party or Parties may be entitled. E. Amendment. This franchise may be amended only by a written contract signed by authorized representatives of Franchisee and County of Mason. F. Severability. If any provision of this franchise is held to be illegal, invalid or unenforceable under present or future laws,such provision will be fully severable and this franchise will be construed and enforced as if such illegal, invalid or unenforceable provision is not a part . hereof,and the remaining provisions hereofwill remain in full force and effect. In lieu of any illegal, invalid or unenforceable provision herein, there will be added automatically as a part of this franchise; a provision as similar in its terms to such illegal, invalid or unenforceable provision as may be possible and be legal,valid and enforceable. G. Joint and Several Liability. Franchisee acknowledges that, in any case in which Franchisee and Franchisee's Contractors are responsible under the terms of this franchise, such responsibility is joint and several as between Franchisee and any such Franchisee's Contractors; provided that,the Franchisee is not prohibited from allocating such liability as a matter of contract. H. Notices. Any notice contemplated, required, or permitted to be given under this franchise shall be sufficient if it is in writing and is sent either by: (a)registered or certified mail, return receipt requested;or(b) anationally recognized overnight mail delivery service,to the Party and at the address specified below, except as such Party and address may be changed by providing notice to the other Party no less than thirty (30) days' advance written notice of such change in address. Franchisee: River Haven Recreation,Inc. 51 West Spruce Place Elma,WA 98541 Attn: Kenneth Smith Grantor: County of Mason Public Works 100 Public Works Drive Shelton,WA 98584 I. Approvals. Nothing in this franchise shall be deemed to impose any duty or obligation upon the County of Mason to determine the adequacy or sufficiency of Franchisee's plans and specifications or to ascertain whether Franchisee's proposed or actual construction, testing, maintenance,repairs,replacement,relocation,adjustment or removal is adequate or sufficient or in conformance with the plans and specifications reviewed by the County of Mason. No approval it 17 given,inspection made,review or supervision performed by the County of Mason pursuant to this franchise shall constitute or be construed as a representation or warranty express or implied by County of Mason that such item approved, inspected, or supervised, complies with laws, rules regulations or ordinances or this franchise or meets any particular standard,code or requirement,or is in conformance with the plans and specifications,and no liability shall attach with respect thereto. County and inspections as provided herein, are for the sole purpose of protecting the County of Mason's rights as the owner or manager of the road rights-of-way and shall not constitute any representation or warranty,express or implied,as to the adequacy of the design,construction,repair, or maintenance of the utility facilities, suitability of the Franchise Area for construction, maintenance,or repair of the utility facilities,or any obligation on the part of the County ofMason to insure that work or materials are in compliance with any requirements imposed by a governmental entity. County of Mason is under no obligation or duty to supervise the design, construction, installation, relocation, adjustment, realignment, maintenance, repair, or operation of the utility facilities. J. Force Majeure. Neither Parry hereto shall be liable to the other Party for any failure to perform an obligation set forth herein to the extent such failure is caused by war,act of terrorism or an act of God,provided that such Party has made and is making all reasonable efforts to perform such obligation and minimize any and all resulting loss or damage. K. Construction. All pronouns and any variations thereof shall be deemed to refer to the masculine,feminine or neuter,singular or plural, as the identity of the Party or Parties may require. The provisions of this franchise shall be construed as a whole according to their common meaning, except where specifically defined herein,not strictly for or against any party and consistent with the provisions contained herein in order to achieve the objectives and purposes of this franchise. L. Incorporation by Reference. All exhibits annexed hereto at the time of execution of this franchise or in the future as contemplated herein, are hereby incorporated by reference as though fully set forth herein. M. Calculation of Time. All periods of time referred to herein shall include Saturdays, Sundays,and legal holidays in the State of Washington,except that if the last day of any period falls on any Saturday,Sunday,or legal holiday in the State of Washington,the period shall be extended to include the next day which is not a Saturday, Sunday, or legal holiday in the State of Washington. N. Entire Agreement. This franchise is the full and complete agreement of County of Mason _ and Franchisee with respect to all matters covered herein and all matters related to the use of the Franchise Area by Franchisee and Franchisee's Contractors,and this franchise supersedes any and all other agreements of the Parties hereto with respect to all such matters,including,without limitation, all agreements evidencing the franchise. O. No Recourse. Without limiting such immunities as the County or otherpersons mayhave under applicable law,Franchisee shall have no monetary recourse whatsoever against the County or 18 its officials, boards, commissions, agents, or employees for any loss or damage arising out of the County's exercising its authority pursuant to this Franchise or other applicable law. P. Responsibility for Costs. Except as expresslyprovided otherwise,any act that Franchisee is required to perform under this franchise shall be performed at its cost. If Franchisee fails to perform work that it is required to perform within the time provided for performance, the County may perform the work and bill the Franchisee. The Franchisee shall pay the amounts billed within 30 days. Q. Work of Contractors and Subcontractors. Work by contractors and subcontractors is subject to the same restrictions, limitations, and conditions as if the work was performed by the Franchisee. The Franchisee shall-be-responsible-for-all-work performed by its contractors and subcontractors,and others performing work on its behalf,under its control,or under authority of its utility permit,as if the work were performed by it and shall ensure that all such work is performed in compliance with this franchise, Title 12 MCC,the Manual and other applicable law, and shall be jointly and severally liable for all damages and correcting all damage caused by them. It is the Franchisee's responsibility to ensure that contractors, subcontractors, or other Persons performing work on the Franchisee's behalf are familiar with the requirements of the franchise,Title 12 MCC, the Manual, and other applicable laws governing the work performed by them. R Survival of Terms. Upon the expiration, termination, revocation or forfeiture of the franchise,the Franchisee shall no longer have the right to occupy the franchise area for the purpose ofproviding services authorized herein. However,the Franchisee's obligations under this franchise to the County shall survive the expiration, termination, revocation or forfeiture of these rights according to its terms for so long as the Franchisee's utility facilities shall remain in whole or in part in the road rights of way. By way of illustration and not limitation, Franchisee's obligations to indemnify, defend and hold harmless the County,provide insurance and a performance/payment bond pursuant to Section XI and Franchisee's obligation to relocate its utility facilities pursuant to Section VIII, shall continue in effect as to the Franchisee, notwithstanding any expiration, termination,revocation or forfeiture of the franchise, except to the extent that a County-approved transfer,sale, or assignment of the utility system is completed, and another entity has assumed full and complete responsibility for the utility system or for the relevant acts or omissions. S. Warranties. By acceptance of this franchise,Franchisee warrants: 1. That Franchisee has full right and authority to enter into and perform this Franchise in accordance with the terms hereof, and by entering into or performing this Franchise, - Franchisee is not in violation of its charter or by-laws,or any law,regulation,or agreement by which it is bound or to which it is subject; and 2. That the execution,delivery,and performance of this Franchise by Franchisee has been duly authorized by all requisite Board/Commission action, that the signatories for Franchisee of the acceptance hereof are authorized to sign this Franchise,and that the joinder or consent of any other party, including a court, trustee, or referee, is not necessary to make valid and effective the 19 execution, delivery, and performance of this Franchise and acceptance. DATED at Shelton,Washington this_day of 20—• BOARD OF COMMISSIONERS APPROVED: MASON COUNTY,WASHINGTON County Engineer Chair Approve as to form: Vice Chair Chief D.P.A. Commissioner 20 Exhibit A ACCEPTANCE OF FRANCHISE Ordinance No. 115-06, effective November 14, 2006. I,Kenneth Smith, am the Water Manager of River Haven Recreation,Inc. and am the authorized representative to accept the above-referenced franchise on behalf of River Haven Recreation, Inc.. I certify that this franchise and all terms and conditions thereof are accepted by River Haven Recreation,Inc.,without qualification or reservation. DATED this (S day of S1 y�,u��' 20Z 'I• FRANCHISEE By: Its: Water Manager ` y� Tax Id.No. 91-1219743 V STATE OF V r 1 ) ss. COUNTY OF O ) t-. I certify that I know or have satisfactory evidence that I�LY IYl Q Ii/, S�Vl`t is the person who appeared before me,and said person acknowledged that P/she signed this instrument,on oath statedof thatiRe/she was authorized to execute the instrument and acknowledged it as the the to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: 8�ra 12�Z y ���ptttuuuUrp q ... ..0� r �i�� Notaryli blic k �ssionryq''% Print Name ' I�� C� ? My commission expires 27 - :u apTARY c %r. PUBLIC b�2 oa 0H e r N Oam, , 0 a°Numb4��.O�c�� .... A EXHIBIT B Description of Franchise Area Plat of River Haven,as recorded in Volume 6 of Plats, Pages 167-169 B Franchise Area Map RIVER HAVEN m � w •�u 1• A. l • T- VVD�V •r 4M• •I —. y .•L"� .rm 1.�� l{�•I R0 y • r • W r _. r .i� r T I • s '► / RIVER I•.� •Iti.�� ��. I• ccenoR so,TORI •r •04�, � m ytrr� .• �` r r I.rae.L� I•. - _ r w.r yf .lRl .- NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold a public hearing in Mason County Building I,Commission Chambers,411 North Fifth Street,Shelton, WA 98584 on Tuesday,November 5,2024 at 9:15am SAID HEARING will be to take public comment on the franchise agreement with River Haven Recreation, Inc. to construct, operate and maintain their water system along West Haven Drive in the River Haven Recreation Community. Public testimony will be available in-person or via Zoom. The URL is available on the County website hLtps://www.masoncoimb a._ov/ 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 24th day of September, 2024. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON McKenzie Smith,Clerk of the Board Bill: Public Works 100 W Public Works Drive, Shelton,WA 98584 Cc: Commissioners Clerk of the Board Public Works Applicant Shelton Journal: Publ. 2t: 10/3/24& 10/10/24 C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Kell Rowen Ext.286 Department: Community Development Briefing: ❑X Action Agenda: ❑X Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): September 30,2024 Agenda Date: October 8,2024 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: Applicant requested rezone of 325 acres from Rural Residential 10 (RR10)to Rural Residential 5 (RR5). Background/Executive Summary: The applicant/property owner has requested to rezone 64 parcels totaling 325 acres from Rural Residential 10 (RR10)to Rural Residential 5 (RR5).All but one parcel is 5 acres (or slightly smaller) in size. There is one parcel that is 10 acres in size and has the only potential for doubling current density allowances. Location is in northeast corner of the County, south of the Belfair Urban Growth Area and north of State Route 302 and North Bay. All parcels reside in Section 9,Range 1 W; Township 22N. The PAC,at their September 2024 meeting,recommended(unanimously)that the BOCC approve the request to rezone. Budget Impact(amount, funding source,budget amendment): N/A Public Outreach (news release,community meeting, etc.): All property owners within 300 feet of the subject parcels were notified by mail,on August 30,2024 informing them of the proposal to rezone the properties. In addition,Public Notice of the PAC public hearing was published in the Mason Shelton Journal on September 5 and 12,2024. This meeting of the BOCC to brief was advertised on the home page of the Mason County website and subsequent requests for action will also be advertised on the home page under the corresponding agenda as well as the Mason Shelton Journal on October 24 and 31, 2024. Requested Action: Place on the October 8,2024 agenda to set a public hearing for November 5,2024. Attachments: Map with current zoning. mw ISJ■■MI�t ^ =�IM AWwr MIMOM 1mm■■ rml Fmc, Imomom MMMM06 1 Mim III M� Mal ■ its . ���� ICIIIIIII an momm InEll me momm s FSE ��': AM,