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HomeMy WebLinkAbout2018/06/04 - Briefing Packet BOARD OF MASON COUNTY COMMISSIONERS DRAFT BRIEFING MEETING AGENDA 411 North Fifth Street, Shelton WA 98584 Week of June 4, 2018 Monday, June 4, 2018 Commission Chambers 9:00 A.M. Executive Session — RCW 42.30.110 (1)(i) Litigation 9:15 A.M. Closed Session — RCW 42.30.140 (4) Labor Discussion 9:30 A.M. Support Services — Frank Pinter 10:15 A.M. BREAK 10:30 A.M. Community Services — Dave Windom 11:00 A.M. Sheriff's Office — Chief Hanson & Chief Spurling 11:45 A.M. Clerk's Office — Sharon Fogo Commissioner Discussion — as needed BREAK— NOON 2:00 P.M. Elected Official/Department Head Meeting 3:00 P.M. Public Works — Jerry Hauth Utilities & Waste Management Commissioner Discussion — as needed Tuesday, June 5, 2018 Commission Chambers 11:00 A.M. Interview Board of Equalization Applicants 2:00 P.M. Community Services/Public Health- Todd Parker Briefing Agendas are subject to change,please contact the Commissioners'office for the most recent version. Last printed 05/31/18 at 9:44 AM If special accommodations are needed,contact the Commissioners'office at ext.419,Shelton#360-427-9670;Belfair #275-4467,Elma#482-5269. MASON COUNTY COMMISSIONER BRIEFING INFORMATION FOR WEEK OF June 4, 2018 In the spirit of public information and inclusion, the attached is a draft of information for Commissioner consideration and discussion at the above briefing. This information is subject to change, additions and/or deletion and is not all inclusive of what will be presented to the Commissioners. We have changed the packet format so that it is an interactive document. Please click on the agenda item which then takes you to the cover sheet of that section in the document. To get back to the agenda, hit your "home" key on the keyboard. Please see draft briefing agenda for schedule. A�013 COUP?' 1851 Mason County Support Services Department Budget Management Co 411 North 5 th Street Commissioner Administration Emergency Management Shelton, WA 98584 Facilities, Parks&Trails 360.427.9670 ext. 419 Human Resources 3 Information Services Labor Relations Risk Management MASON COUNTY COMMISSIONER BRIEFING ITEMS FROM SUPPORT SERVICES June 4, 2018 • Specific Items for Review o Confirmation the Commissioners will hold briefings/regular meeting on July 2 and 3. July 4 is a holiday (Wednesday). —Diane o Permission to post and fill Financial Analyst position in Support Services (will be vacant after June 15) -Frank o Final review of request for 2018 budget amendments; hearing will be June 26—Jennifer • Commissioner Discussion o Mason County representation on Community Action Council —Cmmr. Drexler J:\DLZ\Briefing Items\2018\2018-06-04.docx MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Jennifer Beierle DEPARTMENT: Support Services EXT: 532 BRIEFING DATE: June 4, 2018 PREVIOUS BRIEFING DATES: May 21, 2018 ITEM: Requests for Supplemental Appropriations and Budget Transfers to the 2018 Budget EXECUTIVE SUMMARY: The following are requests for supplemental appropriations and budget transfers. Items added or changed since the May 21st briefing are highlighted in yellow and italicized: Supplemental Appropriations: $644,255 Increase to Current Expense Non-Departmental Revenue for Road Internal Allocation and Increase to Current Expense Ending Fund Balance $34,000 Increase to Belfair Sewer Fund 413 Revenue for Belfair Sewer Feasibility Study and Increase to Fund 413 Professional Services Expense $38,650 Increase to Sheriff Revenue for various private contracts and Increase to MCSO overtime expenses $7,000 Increase to Support Services Revenue for a reimbursable digital imaging grant received from WA State Archives and Increase to various Support Services expense accounts $2,500 Increase to Juvenile Services Revenue for JDAI Grant increase and Increase to Juvenile Services various expense accounts $49,130 Increase to Criminal Justice Treatment Account in Therapeutic Court for funding from DSHS and Increase to Therapeutic Courts various expense accounts $104,737 Increase to Current Expense Non-Departmental Revenue for Community Development Block Grant(CDBG)and Increase to Current Expense Non-Departmental Expense $231,334.50 Increase to REET 2 Fund 351 for Recreation and Conservation Office Grant and Increase to REET 2 Capital Outlays Expense Budget Transfers: Landfill Reserve Fund 428 Transfer from: Ending Fund Balance - $30,000 To: Landfill Reserve— Misc. Contracted Professional Services - $30,000 To pay for additional ground water monitoring services Belfair Sewer Fund 413 Transfer from: Ending Fund Balance - $66,000 To: Belfair Sewer— Professional Services/Misc - $66,000 To pay for Feasibility Study by FCS Group and other professional service needs (total increase of$100,000 to Professional Services/Misc. — see $34,000 supplemental appropriation above for the total budget impact to this line) Auditor's O&M Fund 104 Transfer from: Ending Fund Balance - $2,050 To: Auditor's O&M — Medical/Dental/Vision/Life - $1,907.50 To: Auditor's O&M — Reserve for Technology - $142.50 Due to 2018 medical rate increase Current Expense Fund 001.320 Transfer from:Ending Fund Balance -$31,950(old amt was$28,750) J:\Jennifer B\Briefing,Agenda, & Public Hearing Items\Briefing Summary 6.4.2018- Budget.doc To:Auditor-Medical/Dental/Vision/Life$6,500(old amt was$6,000) To: Human Resources- Medical/Dental/Vision/Life - $8,000 To: Clerk- Medical/Dental/Vision/Life - $6,100 To: Treasurer- Various Salaries and Benefits - $5,050 To: Commissioners - State Retirement - $3,600 To:Assessor-Medical/Dental/Vision/Life -$2,700 Due to 2018 medical rate increase, retirement budgeting need, and out of class pay need Veterans Assistance Fund 190 Transfer from: Transfers Out - $50,000 To: Mental Health Tax Fund 164 - $50,000 In order to correct the Homes First Transaction from 2016 Veterans Assistance Fund 190 Transfer from: Transfers Out - $50,000 To: Community Support Services Fund 117 - $50,000 In order to correct the Homes First Transaction from 2016 Law Library Fund 160 eliminate transfer from: Transfers Out- $4,940 To: Support Services Fund 001.090 - $4,940 Transfer no longer necessary due to Superior Court employee performing work for the Law Library Law Library Fund 160 Transfer from: Ending Fund Balance - $4,940 To: Law Library-Various Salary and Benefits - $4,940 Due to Superior Court employee performing work for the Law Library Facilities &Grounds Fund 001.055 Transfer from: Transfers Out- $6,830.47 To: Historical Preservation Fund 116 - $6,830.47 To reimburse for Memorial Hall repairs Facilities &Grounds Fund 001.055 Transfer from: Transfers Out- $10,000 To: Community Support Services Fund 117 -$10,000 To reimburse for 2016 budgeted transfer for Memorial Hall Sheriff 001.205 Transfer from:Ending Fund Balance -$66,910(old amt was$68,290.16) To: Sheriff- Enterprise Payments 001.000000.205.267.521.22.545030.0000.00 - $34,403 To: Sheriff- Polygraph Training 001.000000.205.267.521.22.543010.0000.00 - $11,820 To: Sheriff- ER&R Upfit/Downfits 001.000000.205.267.521.22.548098.0000.00 - $20,687 Due to unanticipated vehicle costs and polygraph training - briefed BOCC 5/14/18 Sheriff Special Funds 140 Transfer from:Ending Fund Balance -$1,380.16 To:Sheriff Special Funds-SAR Van Tires-$1,380.16 Due to unanticipated vehicle costs-briefed BOCC 5/14/18 Current Expense Fund 001.320 Transfer from:Ending Fund Balance -$141,324 To:Auditor- Various Salary&Benefit Lines$20,828 To:Auditor- Various Expense Lines$19,700 To:Assessor- Various Salary&Benefit Lines-$24,793 To: Treasurer- Various Salary&Benefit Lines -$31,003 To: Clerk- Various Salary&Benefit Lines -$45,000 To restore FTE's to departments that were cut in the 2018 or prior budgets. BOCC briefings from Auditor, Assessor& Treasurer were 5/21/18. Clerk briefing will be 6/4/18 Current Expense Fund 001.320 Transfer from:Ending Fund Balance -$70,000 To:Accrued Leave- Various Salary&Benefit Lines-$70,000 BUDGET IMPACTS: Increase in ending fund balance - Current Expense (001.000000.320.000.508.80.500000.0000.00) $312,300.53 Decrease in ending fund balance-Auditor's O&M (104.000000.000.000.508.10.500000.0000.00) $2,050 Increase in ending fund balance- Historical Preservation (116.000000.000.000.508.30.500000.0000.00) $6,830.47 J:Uennifer B\Briefing, Agenda, & Public Hearing Items\Briefing Summary 6.4.2018- Budget.doc Increase in ending fund balance—Community Support Services (117.000000.000.000.508.30.500000.0000.00) $60,000 Decrease in ending fund balance— Sheriff Special Funds (140.000000.000.000.508.80.500000.0000.00) $1,380.16 Increase in ending fund balance— Mental Health Tax (164.000000.000.000.508.30.500000.0000.00) $50,000 Decrease in ending fund balance—Veterans Assistance (190.000000.000.000.508.30.500000.0000.00) $100,000 Decrease in ending fund balance— Belfair Sewer(413.000000.000.000.508.10.500000.0000.00) $66,000 Decrease in ending fund balance— Landfill Reserve (428.000000.000.000.508.10.500000.0000.00) $30,000 RECOMMENDED OR REQUESTED ACTION: Request to set public hearing for June 26th at 6:30 pm to consider and approve supplemental budget requests and budget transfers. ATTACHMENTS: Requests are available for review. J:Uennifer B\Briefing, Agenda,& Public Hearing Items\Briefing Summary 6.4.2018 -Budget.doc MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Frank Pinter DEPARTMENT: Support Services EXT: 532 BRIEFING DATE: June 4, 2018 PREVIOUS BRIEFING DATES: N/A ITEM: Agreement with Thurston-Mason Behavioral Health to fund training costs and support for Mason County Sheriff's Office employees EXECUTIVE SUMMARY: The Mason County Sheriff's Office would like to enter into an agreement with Thurston-Mason Behavioral Health (TMBHO) to provide Crisis Intervention Training and support to employees. MCSO will provide a quarterly invoice for reimbursement for services to TMBHO. BUDGET IMPACTS: This agreement will reimburse MCSO up to $101,000 for training costs. RECOMMENDED OR REQUESTED ACTION: Request to move this agreement to the June 12th, 2018 action agenda for authorization. ATTACHMENTS: Draft Agreement is Attached. J:\Jennifer B\Briefing, Agenda, & Public Hearing Items\Briefing Summary 6.4.2018-CJTC Agreement.doc al 1111' THURSTON-MASON BEHAVIORAL HEALTH GOVERNING BOARD AGREEMENT T H U R S T O N -MASON Mason County Sheriff's Office CJTC Behavioral Health Organization LLC THIS AGREEMENT, is made and entered by and between Mason County Sheriff's Office, hereinafter referred to as "MCSO" and the Thurston-Mason Behavioral Health Organization, LLC a quasi- governmental entity formed pursuant to the Interlocal Cooperation Act, chapter 39.34 RCW, hereinafter referred to as "TMBHO", hereinafter collectively referred to as the "Parties". PARTIES TO THE CONTRACT THURSTON-MASON BEHAVIORAL HEALTH Mason County Sheriff's Office ORGANIZATION, LLC Name: Mark Freedman, CEO Address: Thurston-Mason Behavioral Health Organization Telephone: ;=A: 612 Woodland Square Loop SE - Suite 401 Fax: Lacey. WA 98503 Email:` A ._ Phone: 360.763.5791 Email: Mark.Freedman@tmbho.org AGREEMENT START DATE AGREEMENT END DATE January 1, 2018 December 31, 2018 ATTACHMENTS s: > None . By their signatures below, the parties agree to the terms and conditions of this Agreement and all documents incorporated by reference. No other understandings or representations, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind the parties. The parties signing below certify that they are authorized to sign this Agreement and acknowledge that the waiver of immunity set out in Section 6 was mutually negotiated and specifically agreed to by the parties herein. TMBHO SIGNATURE PRINTED NAME AND TITLE DATE SIGNED MARK FREEDMAN, CEO COUNTY SIGNATURE PRINTED NAME AND TITLE DATE SIGNED Approved as to Form: 1. PURPOSE The purpose of this Agreement is to fund training costs and support for Mason County Sheriff's Office employees. 2. SERVICES Mason County Sheriff's Office agrees to provide Crisis Intervention Training and support to employees identified within the department for this training. This training and support will be provided to the extent allowed by the available funds. 3. COMPENSATION Funding for the training and support shall be based on the actual cost of employee time, related travel expenses and support. Total amount shall not exceed $101,009. 4. INVOICING FOR SERVICES RENDERED MCSO will provide at minimum a quarterly invoice for services provided to TMBHO. Invoices must include backup documentation that supports the request for reimbursement. Invoices shall be submitted to invoices(c�tmbho.orq. 5. COMPLIANCE WITH LAWS Each Party shall comply with all applicable federal, state, and local laws, rules, and regulations and will maintain all necessary certifications, licenses, and accreditation that may be required to perform such Party's obligations under this Agreement. 7. HOLD HARMLESS AND INDEMNIFICATION Each Party to this Agreement shall be responsible for its own wrongful and negligent acts or omissions, or those of its officers, officials, agents, or employees to the fullest extent required by law, and shall indemnify, defend, and hold the other Party harmless from and against all claims, suits, actions, liabilities, losses, expenses, damages, and judgments including costs and attorney's fees, for injury, illness, disability, or death to any person or persons or damage to property caused by, arising out of, or resulting from the performance of this Agreement by the Party,that Party's officers, officials, agents, and/or employees. In the case of negligence of more than one Party, any damages allowed shall be levied in proportion to the percentage of negligence attributable to each Party, and each Party shall have the right to seek contribution from the other Party in proportion to the percentage of negligence attributable to the other Party. 8. INSURANCE Each Party shall, at its own cost and expense, obtain and maintain in force during the term of this Agreement professional and general liability insurance with limits of$1,000,000 per occurrence, $3,000,000 annual aggregate. Such insurance shall be provided by insurance company (ies) or self- insurance mutually acceptable to the parties. Each Party shall provide the other with a certificate of insurance (or copy of the insurance policy) verifying such coverage upon the other Party's request. 9. THIRD PARTY CLAIMS HANDLING A. The Party seeking indemnification hereunder shall promptly notify the other Party from whom indemnification is sought in writing of any claim asserted against it and promptly deliver a true copy of any summons or other process, pleading or notice issued in any lawsuit or claim. B. Where acceptance of its obligation to indemnify is deemed proper by the indemnifying Party, said Party reserves the right to control the investigation, trial and defense of such lawsuit or action (including all negotiations to effect settlement), any appeal arising from it and employ or engage attorneys of its own choice. C. The Party seeking indemnification may, at its sole cost, participate in such investigation, trial and defense of such lawsuit or action and any appeal arising from same. D. Each Party to this Agreement, its employees, agents, servants and representatives shall provide full cooperation to the other at all times during the pendency of the claim or lawsuit, including, without limitation, providing one another with all available information concerning the claim. 10. NONDISCRIMINATION TMBHO, its assignees, delegates or subcontractors shall not discriminate against any person in the performance of any of its obligations hereunder on the basis of race, color, creed, ethnicity, religion, national origin, age, sex, marital status, veteran status sexual orientation or the presence of any disability. Implementation of this provision shall be consistent with RCW 49.60.400. 11. TERMINATION OF THE AGREEMENT This Agreement may be terminated by either Party by giving ninety (90) days written notice to the other Party of its intent to terminate. 12. AMENDMENTS This Agreement may be amended at any time by the written approval of the Parties. 13. PROHIBITION AGAINST ASSIGNMENT The obligations and duties of the Parties under this Agreement shall not be assigned, delegated, or subcontracted to any other person, firm or entity without the prior express written consent of the Parties. 14. CHOICE OF LAW, JURISDICTION AND VENUE A. This Agreement has been and shall be construed as having been made and delivered within the State of Washington, and it is agreed by each Party hereto that this Agreement shall be governed by the laws of the State of Washington, both as to its interpretation and performance. B. Any action at law, suit in equity, or judicial proceeding arising out of this Agreement shall be instituted and maintained only in any of the courts of competent jurisdiction in Thurston County. 15. SEVERABILITY A. If a court of competent jurisdiction holds any part, term or provision of this Agreement to be illegal, or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and the parties' rights and obligations shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. B. If any provision of this Agreement is in direct conflict with any statutory provision of the State of Washington, that provision which may conflict shall be deemed inoperative and null and void insofar as it may conflict and shall be deemed modified to conform to such statutory provision. 16. COUNTERPARTS This Agreement may be signed in counterpart or duplicate copies, and any signed counterpart or duplicate copy shall be equivalent to a signed original for all purposes. 17. FILING OF AGREEMENT A copy of this Agreement shall be filed with the County Auditor of Mason County or, alternatively, listed by subject on a public agency's web site or other electronically retrievable public source, as required by RCW 39.34.040. 18. ENTIRE AGREEMENT The Parties agree that this Agreement is the complete expression of its terms and conditions. Any oral or written representations or understandings not incorporated in this Agreement are specifically excluded. 19. NOTICES Any notices shall be effective if personally served upon the other Party or if mailed by registered or certified mail, return receipt requested, to the addresses set out on the cover page. Notice may also be given by facsimile with the originalto follow by regular mail. Notice shall be deemed to be given three days following the date of mailing or immediately if personally served. For service by facsimile, service shall be effective upon receipt during working hours. If a facsimile is sent after working hours, it shall be effective at the beginning of the next working day. , t � .--11-z- ",, ztr--. ' '-'e- .._ t ti, 'S SI vhf �k:.�� � ;tet {v 1.ate \. Ni,t a :-RAY € F2 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: David Windom // Lydia Buchheit DEPARTMENT: Community Services EXT: 260 BRIEFING DATE: 6/4/18 PREVIOUS BRIEFING DATES: 5/14/18 If this is a follow-up briefing, please provide only new information ITEM: Provide an update on HOST program reporting EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): Extension granted to HOST for the completion of all outstanding reports and invoices at the Action Agenda meeting 5/22/18 to avoid termination of contract. BUDGET IMPACTS: none RECOMMENDED OR REQUESTED ACTION: • Decision regarding the current HOST contract. • Decision on how to proceed if HOST is late or is missing reporting for the July 10 deadline. ATTACHMENTS: none Briefing Summary 5/30/2018 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: David Windom DEPARTMENT: MCCS EXT: 260 BRIEFING DATE: 4 June 20189 PREVIOUS BRIEFING DATES: May 21, 2018 If this is a follow-up briefing, please provide only new information N/A ITEM: Reclassification Appeal. EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): See enclosed position description. Appeal of HR recommendations to reclassification of three management positions. BUDGET IMPACTS: $2500 per year improvement when combined with two previously approved downgrades. RECOMMENDED OR REQUESTED ACTION: Approve ATTACHMENTS: Rebuttal, reclassification request x3,job descriptions x3. Briefing Summary 5/30/2018 MASON COUNTY • COMMUNITY SERVICES Public Health Community Development (Community Health/Environmental Health) (Permit WstanceCenter/Building/Planning) 360-027-9670,ext.352 or 360-275-4467,ext 400 360-427.9670,ext 352 or 360-275-4467,ext 352 415 N.6th Street-Shelton,WA 98584 615 W.Alder Street.Shelton,WA 911584 Mason County Community Services To: Mason County Board of Commissioners From: Dave Windom CC: Frank Pinter Date: 21 May 2018 Re: Appeal of Reclassification I want to thank Frank Pinter for review of the five reclassification requests I have sent forward. However, I feel he reached an erroneous conclusion for three of the five reclassifications. I am appealing his recommendation to the BOCC. For a quick review, I requested a downward reclassification for two positions and an upward reclassification for three positions after a review of all management positions in Mason County Community Services (MCCS).The two downward reclassifications were based in large part on a reduction in scope and span of control. These were approved and this fact becornes important later in this document. Position 1, PAC Manager, rebuttal: The HR analysis fails to take into account that the permit assistance center manager was not hired to scope, purchase, implement and maintain a new software system that affects the entire county, not just the permit center. This required acquiring education as the project progressed and certainly encompasses skills and attributes that have never been required in the past.There is no existing classification that clearly reflects these new duties. The success of the implementation of online permitting and records processing rests on the success of the permit center manager to acquire this education and skill set.Tidemark software has been acquired by Accella and retired. No one from the county has stepped forward to take on this herculean task and no one else is positioned to do so. Position 2, Planning Manager, rebuttal: Daw 3/7/18 The HR analysis fails to take into account that WRIA will be a major new job duty that has not been reflected in past planning work as evidenced by tribal comments that the Planning Department has been unresponsive. While it is the manager's responsibility to stay abreast of legislation, this legislation requires an entirely new body of work critical to the future development of Mason County. This work requires education and skill development that has not been required prior to now. With the WRIA work also comes the new grant management aspect, also new to the planning department. The scope of control is also increasing especially when the probability of a Public Benefit Rating System comes under the control of the planning department.That constitutes an entirely new program that will have to be planned, developed, staffed and funded. Position 3, Finance Manager, rebuttal: Whatever agreement was made before I became Director certainly was made without my input or a very clear review of the merger. The responsibilities more closely resemble those of the Finance Manager for Public Works than just a merger.The position typically has had complex funding formulas if only from the public health side. Adding community development adds the fee for service aspects in a much greater way. The move to electronic permitting and paperless payments requires new expertise, skills and education in electronic payment systems across a variety of online payment models from credit cards, debit cards, PayPal and others. Again, no other department has stepped up to lead the county into modern payment and customer service. Logic Error rebuttal: The two downgrade reclassifications and resulting decrease in salaries were approved based on a reduction in scope and span of control and yet,the upward reclassifications were disallowed based on the rejection of an increase in scope and span of control as not meriting an increase in salary. The system, as written and implemented, is quick to reduce yet makes advancement nearly impossible, especially in management. "A position may be reclassified to a lower range if the responsibilities of the job are determined to be less than originally indicated or if certain responsibilities are removed from the job". Apparently this does not hold true when responsibilities are added to the position. "Recommendation is to reclassify the Environmental Health Manager to a lower position based on the alignment of management positions and salaries in a Daw 3/7/18 manner more representative of current workloads as well as projected workloads."l Note that the explanation from HR notates "projected workloads" in the downgrade as permissible and dismisses the same justification in the upgrade requests. Recommendations for upgrades were submitted using exactly the same reasoning as the downgrades and yet were rejected. Conclusion: The requests are all well justified. Denial of the request makes the assertion that some managers in similar circumstances with similar skills and scope/span of control are not inherently worth similar pay.These positions are key cogs in the machinery that keeps economic development moving in Mason County.Together they manage 21 FTE's and bring in close to$4 million in direct revenue and permit around $35 million in building projects in Mason County.The goal is to provide parity and prevent expensive turn-over in critical management positions. 'Memorandum,Frank Pinter,dated 05/17/2018 ref.EH manager reclassification request Daw 3/7/18 RECLASSIFICATION REQUEST FORM Mason County Personnel Policy 5.3 Reclassification Policy INSTRUCTIONS: The following factors may be considered as evidence of possible eligibility for reclassification: a.A majority of job duties have changed to the extent they are more accurately reflected in another existing classification description; b.A majority of job duties have changed to the extent the job entails a different skill set,which requires increased education or experience in order to perform essential job functions. DATEA/24t2018 UNION-N/A DEPARTMENT:Community Services UNION APPROVAL:❑ REPARER: FLSA STATUS: HUMAN RESOURCES REVIEW: David Windom EXEMPT® DATE:Click here to enter a date. NON EXEMPT❑ REVIEWED BY: CURRENT JOB TITLE:Planning Manager CURRENT SALARY RANGE: 32 PROPOSED NEW JOB TIRE:Planning Manager PROPOSED NEW SALARY RANGE: 3 ATTACHMENTS: CURRENT JOB DESCRIPTION:❑ PROPOSED JOB DESCRIPTION: BACKGROUND:Community Service Director seeks to realign all management positions and salary levels in a manner more representative of current work loads as well as projected work loads. REQUEST(Specifically outline the job duties&increased education requirements,which require a different skill set causing the increased education &experience): In addition to all current duties,the Planning Manager now serves as the program manager for ensuring that activities related to water use as it applies o Growth Management are incorporated into county planning processes.The Planning Manager ensures that,in cooperation with other stakeholders, plans are developed for Water Resource Inventory Areas(WRIA)14 and 15 and that the WRIA 22 plan is updated and that the water use plans are incorporated into county code.This requires an additional area of expertise in water use planning that has not been required in the past to the degree expected in the future.Advanced skills in negotiation and mitigation are required. ASIS OF REQUEST(Reason why the position has now taken on the new job duties,outside of their normal type of work): This new responsibility adds significantly to the work load and required expertise of the Planning Manager.The ti nelines are short and the level of involvement are much higher than in the past.This duty will require a high degree of coordination with outside stakeholders.This will most likely result in increased travel and training/study requirements. ACTION REQUESTED:Increase the Planning Manager position from a Salary Range 32 to Salary Range 33. Elected Official/Department Head Signature Date Human Resources Signature Date W1T11 BOARD OF COUNTY- ,C Does this request qualify for Reclassification? ❑Yes ❑No If"YES"department must prepare an Agenda Action Cover Sheet for BOCC approval. Is a Salary Range Resolution needed? ❑Yes❑No If"YES"Human Resources must prepare the resolution and attachment's necessary. Date Approved:Click here to enter a date. Once approved it is the responsibility of the department to submit a Personnel Action Form. RECLASSIFICATION REQUEST FORM Mason County Personnel Policy 5.3 Reclassification Policy INSTRUCTIONS: The following factors may be considered as evidence of possible eligibility for reclassification: a.A majority of job duties have changed to the extent they are more accurately reflected in another existing classification description; b.A majority of job duties have changed to the extent the job entails a different skill set,which requires increased education or experience in order to perform essential job functions. DATEA/24t2018 UNION-N/A DEPARTMENT:Community Services UNION APPROVAL:❑ REPARER: FLSA STATUS: HUMAN RESOURCES REVIEW: David Windom EXEMPT® DATE:Click here to enter a date. NON EXEMPT❑ REVIEWED BY: CURRENT JOB TITLE:Permit Assistance Manager CURRENT SALARY RANGE: 32 PROPOSED NEW JOB TTTLE:Permit Assistance Manager PROPOSED NEW SALARY RANGE: 3 AT CURRENT JOB DESCRIPTION:❑ PROPOSED JOB DESCRIPTION: BACKGROUND:Community Service Director seeks to realign all management positions and salary levels in a manner more representative of current work loads as well as projected work loads. QUEST(Specifically outline the job duties&increased education requirements,which require a different skill set causing the increased education &experience): In addition to all current duties,the PAC manager now serves as the program manager for the integration of technology into the department ensuring that coordination occurs throughout the department,that the online permitting is developed,on-boarded and goes live on time and on budget.The AC manager will be the designated online permitting manager as the system goes forward which requires coordination with the vendor and all visions of Community Services and serves as the liaison to other county departments using the system. ASIS OF REQUEST(Reason why the position has now taken on the new job duties,outside of their normal type of work): This new responsibility adds significantly to the work load and required expertise of the PAC Manager.The cu-rent permit system is no longer supported and the move to new software is an absolute necessity.By concentrating the responsibility to the PAC manager,the PAC becomes the hub or all things related to online permitting but requires a much higher level of coordination than before. ACTION REQUESTED:Increase the Permit Center Manager position from a Salary Range 32 to Salary Range 33. Elected OfficiaMepartment Head Signature Date Human Resources Signature Date _ _. _ .<<T-H$r TX CQ12MSSIONIRS Does this request qualify for Reclassification? []Yes []No If"YES"department must prepare an Agenda Action Cover Sheet for BOCC approval. Is a Salary Range Resolution needed?[]Yes[]No If"YES"Human Resources must prepare the resolution and attachment's necessary. Date Approved:Click here to enter a date. Once approved it is the responsibility of the department to submit a Personnel Action Form. RECLASSIFICATION REQUEST FORM Mason County Personnel Policy 5.3 Reclassification Policy INSTRUCTIONS: The following factors may be considered as evidence of possible eligibility for reclassification: a.A majority of job duties have changed to the extent they are more accurately reflected in another existing classification description; b.A majority of job duties have changed to the extent the job entails a different skill set,which requires increased education or experience in order to perform essential job functions. DATEA/24I1018 UNION.-N/A DEPARTMENT:Community Services UNION APPROVAL:❑ REPARER FLSA STATUS: HUMAN RESOURCES REVIEW: avid Windom EXEMPT® DATE:Click here to enter a date. NON EXEMPT❑ REVIEWED BY: CURRENT JOB TITLE:Finance Manager CURRENT SALARY RANGE: 29 PROPOSED NEW JOB TITLE:Finance Manager PROPOSED NEW SALARY RANGE: 0 ATTACHMENTS: CURRENT JOB DESCRIPTION:❑ PROPOSED JOB DESCRIPTION: BACKGROUND:Community Service Director seeks to realign all management positions and salary levels in a manner more representative of current work loads as well as projected work loads. QUEST(Specifically outline the job duties&increased education requirements,which require a different skill set causing the increased education experience): This position has not been looked at since the reorganization of public health and community development programs.The scope of finance has doubled and the move to online permitting will add to the complexity of the duties of the finance manager.Besides the Director,this is the one position that crosses all divisions of Community Service and requires a greater knowledge of budgeting,fee for service,and operations. ASIS OF REQUEST(Reason why the position has now taken on the new job duties,outside of their normal type of work): This new responsibility adds significantly to the work load and required expertise of the Finance Manager.These duties will require a high degree of coordination with outside across the divisions. ACTION REQUESTED:Increase the Finance Manager position from a Salary Range 29 to Salary Range 30. Elected OfficialYDepartment Head Signature Date Human Resources Signature Date Does this request qualify for Reclassification?❑Yes ❑No If"YES"department must prepare an Agenda Action Cover Sheet for BOCC approval. Is a Salary Range Resolution needed?❑Yes❑No If"YES"Human Resources must prepare the resolution and attachment's necessary. Date Approved:Click here to enter a date. ' Once approved it is the responsibility of the department to submit a Personnel Action Form. RECLASSIFICATION REQUEST FORM Mason County Personnel Policy 5.3 Reclassification Policy INSTRUCTIONS: The following factors may be considered as evidence of possible eligibility for reclassification: a.A majority of job duties have changed to the extent they are more accurately reflected in another existing classification description; b.A majority of job duties have changed to the extent the job entails a different skill set,which requires increased education or experience in order to perform essential job functions. DATE:4/24/2018 UNION:N/A DEPARTMENT:Community Services UNION APPROVAL:❑ REPARER: FLSA STATUS: HUMAN RESOURCES REVIEW: avid Windom EXEMPT N DATE:Click here to enter a date. NON EXEMPT❑ REVIEWED BY: CURRENT JOB TTTLE:Environmental Health Manager CURRENT SALARY RANGE: 34 PROPOSED NEW JOB TITLE:Environmental Health Manager PROPOSED NEW SALARY RANGE: j 3 ATTACHMENTS: CURRENT JOB DESCRIPTION:❑ PROPOSED JOB DESCRIPTION:ION:N BACKGROUND:Community Service Director seeks to realign management positions and salary levels in a manner more representative of current work loads as well as projected work loads. QUEST(Specifically outline the job duties&increased education requirements,which require a different skill set causing the increased education &experience): /A ASIS OF REQUEST(Reason why the position has now taken on the new job duties,outside of their normal type of work): Since 2009 the size and scope of management in Environmental Health has been reduced and more reliance placed on a lead EH worker to coordinaft e daily EH functions.Staffing levels have been reduced by approximately 50%over time.Salary Range 33 is more in line with management duties in other county functions.The current employee is retiring and an evaluation of the skills and pay is reasonable. ACTION REQUESTED:Reduce the Environmental Health Manager position from a Salary Range 34 to Salary Range 33. Elected Official/Department Head Signature Date Human Resources Signature Date omm Does this request qualify for Reclassification? ❑Yes ❑No If"YES"department must prepare an Agenda Action Cover Sheet for BOCC approval. Is a Salary Range Resolution needed?❑Yes O No If"YES"Human Resources must prepare the resolution and attachment's necessary. Date Approved:Click here to enter a date. Once approved it is the responsibility of the department to submit a Personnel Action Form. RECLASSIFICATION REQUEST FORM Mason County Personnel Policy 5.3 Reclassification Policy INSTRUCTIONS: The following factors may be considered as evidence of possible eligibility for reclassification: a.A majority of job duties have changed to the extent they are more accurately reflected in another existing classification description; b.A majority of job duties have changed to the extent the job entails a different skill set,which requires increased education or experience in order to perform essential job functions. DATEA242018 UNION.N/A DEPARTMENT:Community Services UNION APPROVAL:❑ REPARER FLSA STATUS: HUMAN RESOURCES REVIEW: David Windom EXEMPT® DATE:Click here to enter a date. NON EXEMPT❑ REVIEWED BY: CURRENT JOB TITLE:Community Health Manager CURRENT SALARY RANGE: 34 I PROPOSED NEW JOB TITLE:Community Health Manager PROPOSED NEW SALARY RANGE: 3 ATTACHMENTS: CURRENT JOB DESCRIPTION:❑ PROPOSED JOB DESCRIPTION: BACKGROUND:Community Service Director seeks to realign all management positions and salary levels in a manner more representative of urrent work loads as well as projected work loads. QUEST(Specifically outline the job duties&increased education requirements,which require a different skill set causing the increased education experience): /A ASIS OF REQUEST(Reason why the position has now taken ori the new job duties,outside of their normal type of work): Since 2009 the size and scope of management in Community Health has been reduced.With the departure of the Nurse Family Partnership program, staffing has been reduced by two employees.This leaves a supervised FTE count of 5.4.Staffing levels have been reduced by approximately 50% over time.Salary Range 33 is more in line with management duties in other county functions and staffing levels. ACTION REQUESTED:Reduce the Community Health Manager position from a Salary Range 34 to Salary Range 33. Maintain the current employee on a Y Rating until Salary Level 33 catches up to SL 34. Elected Official/Department Head Signature_ Date Human Resources Signature Date Does this request qualify for Reclassification? ❑Yes ❑No If"YES"department must prepare an Agenda Action Cover Sheet for BOCC approval. Is a Salary Range Resolution needed? ❑Yes❑No If"YES"Human Resources must prepare the resolution and attachment's necessary. Date Approved:Click here to enter a date. Once approved it is the responsibility of the department to submit a Personnel Action Form. CO&Nr POSITION DESCRIPTION Title: Department: Permit Assistance Center Manager Community Services Affiliation: Reports to: Non-Represented Communit Services Director Salary Range: Supervises/Directs: According to current Non-Union Salary Building Inspectors, Permit Specialists, Fire Marshal, Code Scale Enforcement Risk Class: 5306 Exempt: X Non-Exempt: Established Date: Revision Date: June 2005 December 14, 2015/Formatting 04.04.2018 GENERAL DESCRIPTION: Leads, plans and organizes the activities within the Permit Assistance Center (PAC). Provides professional services, as appropriate. Assures the efficient and effective use of PAC personnel, funds, material and time. Identifies, recommends, implements and maintains sound organizational practices within the PAC to ensure optimal customer service for the general public when seeking PAC assistance. Work is performed under the general direction of the Community Services Director. ESSENTIAL JOB FUNCTIONS: (Any one position may not include all of the duties listed nor do the listed examples include all tasks which may be found in positions of this class.) Directs PAC operations to achieve goals within budgeted funds and available personnel to ensure services are provided in an efficient and timely manner, to include: planning and organizing workloads and staff assignments; conducting regular and timely progress reviews of permits and inspections; and, directing changes in priorities and/or schedules, as required. Manages and coordinates the Permit Assistance Center activities of staff by planning and organizing workloads and assignments, conducting performance evaluations, monitoring and resolving grievances and other personnel matters and providing training to employees to aid in effective delivery of services to the general public. The PAC manager now serves as the program manager for the integration of technology into the department ensuring that coordination occurs throughout the department, that the online permitting is developed, on- boarded and goes live on time and on budget. The PAC manager will be the designated online permitting manager as the system goes forward which requires coordination with the vendor and all divisions of Community Services and serves as the liaison to other county departments using the system. Implements policies, procedures and performance standards to assure efficient and effective activities that are in compliance with county guidelines, goals and objectives, and federal, state and local laws and statues. Reviews and analyzes existing practices and procedures to recommend improvements and changes as warranted. Assists the Community Services Director in the preparation and administration of the PAC budget based on staffing, resource requirements, cost estimates, and Community Services Department goals and objectives. Monitors the budget to ensure adherence to approved levels and standards. Provides leadership and direction in developing goals and objectives for PAC operations. tg0Tl CCU4'T POSITION DESCRIPTION As necessary, coordinates PAC activities with other County departments and outside governmental agencies. Ensures enforcement of building and energy codes in the County conforms with state and federal building and energy codes. Serves as final authority for interpretation of County codes and sets policy for County code interpretation. Leads the development and maintenance of systems and detailed records, files, and logs on computerized and manual record keeping systems to ensure accurate and reliable statistical reports and to provide for proper evaluation, control and documentation of PAC operations. Serves as the PAC Public Records Officer, OTHER JOB FUNCTIONS: Coordinates the resolution of inquiries, complaints, problems or emergencies affecting the availability, delivery or quality of service. Responds to the most sensitive or complex inquiries or service complaints. Analyzes and recommends improvements to PAC operating systems. Performs all other duties, as required. WORKING CONDITIONS: Work is performed in an office environment while sitting at a computer or desk operating general office equipment. May lift or move up to 20 pounds. QUALIFICATIONS: Duties are primarily performed in an office environment, but may require driving to meetings or on-site field inspections. Knowledge of • Management and supervision principles and best practices. • Legal requirements, regulations and laws applicable to area of responsibility. • Fiscal management, to include, budget preparation, expenditure control, and documentation. • Uniform and County building and energy codes, ordinances and regulations. • Practices, principles and procedures building code inspection and enforcement. Ability to • Plan, organize and oversee assigned work programs, to include monitoring work schedules and evaluating the work of others. • Develop PAC goals and objectives, • Analyze and evaluate PAC operations and, as required, develop and implement corrective actions. • Establish and maintain effective working relationships with employees, County Commissioners, other agencies and the general public. • Communicate effectively, both orally and in writing, with individuals and groups regarding complex or sensitive issues or regulations. • Physically perform the essential duties of the position. EDUCATION AND EXPERIENCE: Any equivalent combination of education and experience, which provides the applicant with the knowledge, skills, and abilities, required to perform the job. A typical way to obtain the knowledge and abilities would be: Bachelor degree in business or public administration coupled with five years of progressively responsible experience emphasizing customer service. At least two years of the required experience must have been as a supervisor or manager. Three years of comprehensive community development experience. ; X0'4 COV POSITION DESCRIPTION LICENSES, CERTIFICATES AND OTHER REQUIREMENTS: Valid Washington State Driver's License or ability to obtain within three months of hire. I have read and understand the above position description. Name: Date: Signature: HR/Manager Signature: CO& POSITION DESCRIPTION 1,451 Title: Department: Planning Manager Community Services Affiliation: Reports to: Non-Represented Community Services Director Salary Range: Supervises/Directs: According to current Non-Union Salary Scale Planners and Office Support Staff Risk Class: 5306 Exempt: X Non-Exempt: Established Date: Revision Date: September 2000 December 14, 2015/Formatting 04.04.2018 GENERAL DESCRIPTION: Plans, organizes and manages Planning Division activities including long-range planning, land use permits, state environmental policy compliance, site inspections, code interpretations and policy development. ESSENTIAL JOB FUNCTIONS: (Any one position may not include all of the duties listed nor do the listed examples include all tasks which may be found in positions of this class.) Manages and coordinates the Planning Departments activities of staff by planning and organizing workloads and assignments, conducting performance evaluations, monitoring and resolving grievances and other personnel matters and providing training to employees to ensure services are provided in an efficient and timely manner by the department. Implements policies, procedures and performance standards to assure efficient and effective activities that are in compliance with county guidelines, goals and objectives, and federal, state and local laws and statues. Reviews and analyzes existing practices and procedures to recommend improvements and changes as warranted. Assists the Community Services Director in preparation and administration of the Planning budget based on staffing and resource requirements, cost estimates, objectives and goals. Monitors and documents expenditures assuring compliance with approved budget and staffing levels. Oversees the processing of land use permit applications and ensures provision of land use information and assistance to the public and developers. Reviews building permits for compliance with land use permit conditions. Manages long-range planning activities and coordinates the development of the County's Comprehensive Plan and related documents to ensure compliance with state and local laws and guidelines. �►���� coo�TF _ POSITION DESCRIPTION IYSl � f The Planning Manager now serves as the program manager for ensuring that activities related to water use as it applies to Growth Management are incorporated into county planning processes. The Planning Manager ensures that, in cooperation with other stakeholders, plans are developed for Water Resource Inventory Areas (WRIA) 14 and 15 and that the WRIA 22 plan is updated and that the water use plans are incorporated into county code. This requires an additional area of expertise in water use planning. Advanced skills in negotiation and mitigation are required. Provides technical advice and assistance to County Commissioners, advisory committees and the general public regarding planning issues, Acts as a resource to staff and public for land use policies and procedures. Assures staff support for advisory committee activities by developing and maintaining systems that provide for the proper evaluation, control and documentation of assigned functions. Oversees and manages the utilization of outside contractors and consultants to ensure work is performed to standards developed by the County. Leads the development and maintenance of systems and detailed records, files, and logs on computerized and manual record keeping systems to ensure accurate and reliable statistical reports and to provide for proper evaluation, control and documentation of planning operations. Serves as the Planning Departments Public Records Officer. OTHER JOB FUNCTIONS: Coordinates the resolution of inquiries, complaints, problems or emergencies affecting the availability or quality of services. Responds to sensitive or complex inquiries or service complaints. Performs all other duties, as required. WORKING CONDITIONS: Work is performed in an office environment while sitting at a computer or desk operating general office equipment. May lift or move up to 20 pounds. QUALIFICATIONS: Duties are primarily performed in an office environment, but may require driving to meetings or on-site field inspections. Knowledge of • Management and supervision principles and best practices. • Practices, principles and procedures of planning. • Fiscal management, to include, budget preparation, expenditure control anddocumentation. • Laws, rules and regulations applicable to planning. • State environmental planning regulations. Ability to • Interpret development codes and land use regulations. • Plan, organize and oversee assigned work programs, including monitoring work schedules and evaluation the work of employees. • Develop planning department program goals and objectives. • Analyzed and evaluate operations and develop and implement corrective action to resolve problems. • Establish and maintain effective working relationships with employees, County Commissioners, re0*1 coo'yr J POSITION DESCRIPTION AY5i other agencies and the general public. • Communicate effectively, both orally and in writing, with individuals and groups regarding complex or sensitive issues. • Physically perform the essential functions of thejob. EDUCATION AND EXPERIENCE: -- Any equivalent combination of education and experience, which provides the applicant with the knowledge, skills, and abilities, required to perform the job. A typical way to obtain the knowledge and abilities would be: Bachelor degree in planning or related field coupled with five years of progressively responsible experience in planning. At least two years of the required experience must have been as a supervisor or manager. Three years of comprehensive community development experience. LICENSES, CERTIFICATES AND OTHER REQUIREMENTS: Valid Washington State Driver's License or ability to obtain same within three months of hire. I have read and understand the above position description. Name: Date: Signature: HR/Manager Signature: �eor� co POSITION DESCRIPTION ISJ 4 f Title: Finance Manager Department: Community Services Affiliation: Non Represented Reports to: Director of Community Services Department Exempt: X Non-Exempt: Supervises/Directs: Accounting Staff Risk Class: 5306-07 Salary Range: According to current Non-Union Salary Scale Established Date: 10/18/2007 Revision Date: Format Only- 04/04/2018 DEFINITION: This position serves as the Chief Fiscal Officer under the direction of the Director of Community Services for all funds within the Department. This position participates in all major program management decisions having fiscal implications. This position supervises the Office fiscal staff and provides financial assistance to managers. This position plans, organizes, supervises, and conducts the accounting, budgeting, and personnel/payroll business activities for funds having a variety of complex requirements by such factors as diversity of accounts, federal, and other grant reimbursable funding. ESSENTIAL JOB FUNCTIONS: (Any one position may not include all duties listed, nor do the examples include all tasks that may be performed in positions of this class.) Develops and directs day-to-day fiscal operations and policies, establishing and improving procedures, forms, and systems within the framework of the budgeting, accounting and reporting system for counties as required by the Division of Municipal Corporations of the State Auditor's Office. Initiates, develops and prepares required periodic and routine fiscal reports, financial reconciliations and management analysis reports. Provides financial management guidance to staff for long-term cyclical requirements, and determines staffing requirements for special fiscal projects. Prepares the comprehensive annual financial reports for the Community Services Department to ensure that the financial records comply with generally accepted accounting principles, state statutes and local policies. Manages and participates in the development and administration of the budget for the Department. Provides forecasting of funds needed for staffing, equipment, materials and supplies. Directs preparation of budgetary adjustment, as necessary. Provides periodic budget progress reports to managers. Monitors compliance, reporting to and billing to Federal, State, and local agencies for all grant funds. Resolves or supervises the resolution of inquiries, complaints, problems or emergencies affecting the availability or quality of financial services. Responds to the most sensitive or complex inquiries of service complaints. Conducts performance evaluations, monitors and resolves grievances and other personnel matters and provides training/mentoring to fiscal employees to ensure effective delivery of financial services to the Department. Takes disciplinary action up to termination, as necessary. Performs related work, as required. WORKING CONDITIONS Works indoors in clean, climate-controlled workspace. Required to sit, talk and hear; frequently required to use hands to operate computers, office machinery and office supplies which may require repetitive are, wrist and hand movement; occasionally required to stand and reach with arms and hands. Specific vision abilities include close, distant, color and peripheral vision, depth perception and to adjust focus. Occasionally required to climb, balance, stoop, kneel, crouch, or bend. May lift or move up to 25 pounds. Position requires mental acuity to ensure thorough analysis of situations in a fast-paced environment. Employee is required to maintain confidentiality of information within the Office. May be required to deal with irate, disgruntled individuals requiring the use of conflict management skills. Employee is frequently required to perform work in confidence and under pressure for deadlines, and is required to maintain professional composure and tact, patience and courtesy at all times. QUALIFICATIONS: Comprehensive Knowledge of: Federal and state laws regarding governmental accounting procedures. Professional accounting principles, practices and procedures. Principles and practices of administration, including budgeting, personnel and fiscal practices. State budgeting, accounting and reporting systems. Data processing principles and accounting applications. Modern supervisory practices and principles. Ability to: Plan, organize and oversee assigned work programs, including monitoring work schedules and evaluating the work of staff. Plan and evaluate operations and develop and implement corrective actions to resolve problems. Analyze, interpret and prepare accounting reports and financial statements. Establish and maintain effective working relationships with employees, Office managers, and the general public. Communicate effectively, both orally and in writing. EDUCATION AND EXPERIENCE: Any equivalent combination of education and experience which provides the applicant with the knowledge, skills, and abilities required to perform the job. A typical was to obtain the knowledge and abilities would be: Bachelor's degree in accounting. Five (5) years of progressively responsible experience in governmental accounting and the Washington State Budgetary Accounting and Reporting System LICENSES, CERTIFICATES AND OTHER REQUIREMENTS: A valid Washington State Driver's License. Maintenance of current skills and additional training as needed. I have read and understand the above position description: Name: Date: Signature: HR/Manager Signature: r f. t� POSITION DESCRIPTION Title: Finance Manager Department: Community Services Affiliation: Non Represented Reports to: Director of Community Services Department Exempt: X Non-Exempt: Supervises/Directs: Accounting Staff Risk Class: 5306-07 Salary Range: According to current Non-Union Salary Scale Established Date: 10/18/2007 Revision Date: Format Only- 04/04/2018 DEFINITION: This position serves as the Chief Fiscal Officer under the direction of the Director of Community Services for all funds within the Department. This position participates in all major program management decisions having fiscal implications. This position supervises the Office fiscal staff and provides financial assistance to managers. This position plans, organizes, supervises, and conducts the accounting, budgeting, and personnel/payroll business activities for funds having a variety of complex requirements by such factors as diversity of accounts, federal, and other grant reimbursable funding. ESSENTIAL JOB FUNCTIONS: (Any one position may not include all duties listed, nor do the examples include all tasks that may be performed in positions of this class.) Develops and directs day-to-day fiscal operations and policies, establishing and improving procedures, forms, and systems within the framework of the budgeting, accounting and reporting system for counties as required by the Division of Municipal Corporations of the State Auditor's Office. Initiates, develops and prepares required periodic and routine fiscal reports, financial reconciliations and management analysis reports. Provides financial management guidance to staff for long-term cyclical requirements, and determines staffing requirements for special fiscal projects. Prepares the comprehensive annual financial reports for the Community Services Department to ensure that the financial records comply with generally accepted accounting principles, state statutes and local policies. Manages and participates in the development and administration of the budget for the Department. Provides forecasting of funds needed for staffing, equipment, materials and supplies. Directs preparation of budgetary adjustment, as necessary. Provides periodic budget progress reports to managers. Monitors compliance, reporting to and billing to Federal, State, and local agencies for all grant funds. Resolves or supervises the resolution of inquiries, complaints, problems or emergencies affecting the availability or quality of financial services. Responds to the most sensitive or complex inquiries of service complaints. Conducts performance evaluations, monitors and resolves grievances and other personnel matters and provides training/mentoring to fiscal employees to ensure effective delivery of financial services to the Department. Takes disciplinary action up to termination, as necessary. Performs related work, as required. WORKING CONDITIONS Works indoors in clean, climate-controlled workspace. Required to sit, talk and hear; frequently required to use hands to operate computers, office machinery and office supplies which may require repetitive are, wrist and hand movement; occasionally required to stand and reach with arms and hands. Specific vision abilities include close, distant, color and peripheral vision, depth perception and to adjust focus. Occasionally required to climb, balance, stoop, kneel, crouch, or bend. May lift or move up to 25 pounds. Position requires mental acuity to ensure thorough analysis of situations in a fast-paced environment. Employee is required to maintain confidentiality of information within the Office. May be required to deal with irate, disgruntled individuals requiring the use of conflict management skills. Employee is frequently required to perform work in confidence and under pressure for deadlines, and is required to maintain professional composure and tact, patience and courtesy at all times. QUALIFICATIONS: Comprehensive Knowledge of: Federal and state laws regarding governmental accounting procedures. Professional accounting principles, practices and procedures. Principles and practices of administration, including budgeting, personnel and fiscal practices. State budgeting, accounting and reporting systems. Data processing principles and accounting applications. Modern supervisory practices and principles. Ability to: Plan, organize and oversee assigned work programs, including monitoring work schedules and evaluating the work of staff. Plan and evaluate operations and develop and implement corrective actions to resolve problems. Analyze, interpret and prepare accounting reports and financial statements. Establish and maintain effective working relationships with employees, Office managers, and the general public. Communicate effectively, both orally and in writing. EDUCATION AND EXPERIENCE: Any equivalent combination of education and experience which provides the applicant with the knowledge, skills, and abilities required to perform the job. A typical was to obtain the knowledge and abilities would be: Bachelor's degree in accounting. Five (5) years of progressively responsible experience in governmental accounting and the Washington State Budgetary Accounting and Reporting System LICENSES, CERTIFICATES AND OTHER REQUIREMENTS: A valid Washington State Driver's License. Maintenance of current skills and additional training as needed. I have read and understand the above position description: Name: Date: Signature: HR/Manager Signature: MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Kell Rowan DEPARTMENT: MCCS EXT: 365 BRIEFING DATE: 4 June 20189 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information N/A ITEM: Fill unfilled position EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): Due to the promotion of Kell Rowan, Marissa moves to current planning creating an opening. We propose to replace with a clerical position funded half by building, half by planning. The position is on the books, unfilled. BUDGET IMPACTS: Small reduction to costs. RECOMMENDED OR REQUESTED ACTION: Approve ATTACHMENTS: Briefing Summary 5/31/2018 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Corrections Chief Kevin Hanson DEPARTMENT: Sheriff's Office EXT: 369 BRIEFING DATE: May 21, 2018tu� 3u,, Lq PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEM: Rescinding Resolution 87-87, Jail Operating Standards and establishing updated standards. EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): In 1987, the Washington State Legislature mandated counties adopt jail operating standards, through RCW 70.48.071. Those standards were based on WAC 289, which was then overseen by the Corrections Standard Board, a subdivision of the Washington State Government. In 2006, the legislature decodified WAC 289, leaving the local adopted standards a stand-alone and outdated document. These standards have not been updated since their adoption in 1987. Correctional practices and laws have changed significantly in the last 20 years due to changes in federal and state mandates, litigation, and laws. These revised standards reflect current correctional practices and are compliant with state and federal law. BUDGET IMPACTS: None RECOMMENDED OR REQUESTED ACTION: Rescind resolution 87-87 and approve updated standards mandated by RCW 70.48.071. ATTACH M E NTS: Revised Correctional Facility Standards Briefing Summary 5/16/2018 87-87 existing standards jAction IReason Revised Standards jAction IReason Chapter 1 New Facilities Eliminated Advisory 3.02 Staff positions Eliminated CBA 3.04-Staff positions physical Eliminated CBA 8.05 Overcrowding suspension of standards Eliminated Not needed 2.21.090-Overcrowding-criteria for setting capacity New Clarification 8.07 Overcrowding removal of DOC prisoners Eliminated Contractual 8.08-Overcrowding federal prisoners Eliminated Not needed 9-Maximum Capacities Eliminated Not needed 10.06,07,08,09-Use of Force-Choke hold Eliminated outdated 11.09 through 21 Admissions searches combined outdated 2.21.10 sections 8-11-Searches Combined Updated 11.32 Admissions Eliminated Policy 14.03 Classification staffing Eliminated outdated 14.07,08-Classification processes Eliminated Policy 2.21.140(7)(11)Classification Added New 14.11-Classification Jueveniles Eliminated No Juveniles 14.13-Classification health risks Eliminated Policy 14.14 Classification weekend programs Eliminated outdated 14.17-Classification appeals Eliminated Policy 16.02 Release and Transfer Eliminated Not needed 16.04 Release and Transfer Eliminated Not needed 18 Staffing Eliminated CBA 18.06 Staffing Eliminated Policy 20.03 Critical Articles-Weapons lockers Eliminated outdated 23.01-02 Discipline combined Policy 23.04,05,06,07-discipline hearings Eliminated Policy 30.01,02-Medications Control Eliminated outdated 35.04 Clothing Modified outdated 37.08-Services inmate assistance Eliminated Policy 37.15 Services advisory professionals Eliminated outdated 38.10 Alternatives to confinement Eliminated outdated 39.04 Telephone Modified 40.02 through 08 Modified 41.04 Visitation Eliminated outdated 41.06 Juveniles Modified outdated 2.21.340 Food- Added New 2.21.370(16)Work release money Added New 2.21.440 through 490 Work Release Added New 03/08/2018 MASON COUNTY CORRECTIONAL FACILITY STANDARDS Sections: 2.21.010 Purpose and statutory authority. 2.21.020 Definitions. 2.21.030 General administration. 2.21.040 Staff positions. 2.21.050 Training. 2.21.060 Records. 2.21.070 Emergency procedures. 2.21.080 Fire prevention/suppression. 2.21.090 Overcrowding. 2.21.100 Use of force. 2.21.110 Admissions. 2.21.120 Pre-classification. 2.21.130 Orientation. 2.21.140 Classification/segregation. 2.21.150 Goodtime (earned early release). 2.21.160 Release and transfer. 2.21.170 Transportation. 2.21.180 Staffing. 2.21.190 Supervision/surveillance. 2.21.200 Critical articles. 2.21.210 Prisoner rights. 2.21.220 Prisoner rules of conduct. 2.21.230 Discipline. 2.21.240 Grievance procedures. Page 1 of 25 03/09/2018 2.21.250 Designated health authority and licensed staff. 2.21.260 Health care policies and procedures. 2.21.270 Health screening. 2.21.280 Access to health care. 2.21.290 Health care training. 2.21.300 Medications control. 2.21.310 Health care records. 2.21.320 Special medical issues. 2.21.330 Access to facilities. 2.21.340 Food. 2.21.350 Clothing/bedding and personal items. 2.21.360 Sanitation. 2.21.370 Services. 2.21.380 Programs. 2.21.390 Telephone usage. 2.21.400 Mail. 2.21.410 Visitation. 2.21.440 Visitation for work release participants. 2.21.450 Transportation for work release participants. 2.21.460 Employment restrictions. 2.21.470 Work release participant money accounts. 2.21.480 Accountability for participants in the work release program. 2.21.490 Searches of work release participants. 2.21.010 Purpose and statutory authority. Pursuant to RCW 70.48.071, Mason County hereby establishes the following operating standards for adult correctional facilities owned and operated by Mason County. 2.21.020 Definitions. The following words and phrases shall have the meaning indicated whenever used in this chapter unless a different meaning is specifically indicated: Page 2 of 25 03/08/2018 (1) "Sheriff or designee" means the elected sheriff, the undersheriff, chief criminal deputy, superintendent of corrections or chief of detectives. (2) "Communicable disease" means microorganisms that are easily transferable from one body to another creating a condition which must be reported to the health department. (3) "Contraband" means any substance or item not specifically permitted by the jail or special detention program administration. (4) "Day room" means an area to which prisoners have unrestricted access during all or part of a day for leisure, dining, hygiene, or similar activities. (5) "Corrections division" means the superintendent of corrections or designee, and/or the Mason County sheriff's office jail. (6) "Dormitory" means a secured sleeping and day room area occupied per design by more than one prisoner. (7) "Governing unit" means Mason County or the Mason County board of county commissioners. (8) "Jail" means any adult correctional facility, which includes the Mason County sheriff's office jail and the work release facility. (9) "Living area" includes single cells, dormitories, day rooms area and leisure time activity space. (10) "Single cell" means a secured sleeping area occupied by only one prisoner, and which is physically and visually separated from prisoner sleeping areas on at least three of its four sides. (11) "Work release program" means a program for the housing of special populations of sentenced persons who do not require the level of security normally provided in jail facilities including, but not limited to, persons convicted of offenses under RCW 46.61.502 or 46.61.503; provided, that it shall also mean a program of scheduled release from the physical confines of the jail for the purpose of employment, seeking employment, school or other approved activities. 2.21.030 General administration. (1) The sheriff or designee shall develop and maintain an organizational chart and an operations manual of policies and procedures consistent with the provisions of this chapter. (2) Such chart and manual shall be available to all staff. (3) All jail policies and procedures should be reviewed and revised as appropriate on a continuing basis but at least yearly. 2.21.040 Staff positions. (1) Written job descriptions shall define the responsibilities and designate the qualifications for each staff position. (2) All jail staff shall be selected in accordance with Chapter 41.14 RCW and/or other applicable legal requirements. 2.21.050 Training. (1) The jail shall provide preservice orientation to each newly hired jail staff member prior to being Page 3 of 25 03/08/2018 assigned to duty, regardless of his or her previous training or experience prior to the assignment of any jail duties. Such training may be provided either by existing jail staff or other qualified persons, and must be verified by a written outline, and shall include, but not necessarily be limited to: (a) Review and understanding of all policies and procedures relating to his/her job responsibilities, specifically: (i) Agency organization; (ii) Admission and release procedures; (iii) Security and safety procedures; (iv) . Contraband control, definition of, etc.; (v) Prisoner discipline; (vi) Medical and mental health procedures; (vii) Use of force; (viii) Confidentiality of jail records. (b) Review of the Washington criminal justice system and these custodial care standards as they relate to jail duties. (c) Identification and understanding of the function of agencies whose authority may extend to the jail's prisoners. (d) Appropriate training and qualification in the use of weapons when jail duties include possession or carrying of a firearm. (2) All persons directly responsible for the supervision of prisoners shall successfully complete the Washington State Criminal Justice Training Commission (CJTC) basic correctional officer academy (COA) within the first six months of their employment, as required by WAC 239-36-010 unless such training has already been received, or equivalency has been granted by the CJTC. (3) Staff training shall further include such training as required by Section 2.21.290 (Health Care Training). 2.21.060 Records. (1) The sheriff or designee shall establish a records system which shall comply with the requirements of this section. (2) The jail shall maintain fiscal records which clearly indicate facility operation and maintenance costs according to generally accepted accounting principles. Such records shall separate specific jail functions from other departmental functions. (3) All jail facility personnel shall be advised of the statutory provisions for confidentiality of jail records under RCW 70.48.100. (4) The information required by the booking and release form shall be obtained for each booking and Page 4 of 25 03/08/2018 release. Such information will be retained in written form or within computer records. Other information retained in each prisoner's jail records shall include, but not be limited to, court orders, personal property receipts, information reports, reports of disciplinary actions and/or unusual occurrences, and, in case of death, disposition of prisoner's property and remains. (5) Health care records shall be maintained separately in accordance with Section 2.21.310 (Health Care Records) to the extent necessary to maintain their confidentiality. (6) Each prisoner shall be permitted reasonable access to his jail record, or reasonable access to information contained therein; provided, that such access may be limited only by law. (7) When a prisoner is transferred to another facility, copies or summaries of all health records regarding medical problems shall be transferred to the receiving facility; provided, that the requirements of Section 2.21.310 and governing laws regarding confidentiality are followed. Applicable court orders shall be transferred. Summaries or copies of disciplinary records shall be transferred where such information may serve a substantial governmental interest in the safety or security of the receiving institution. (8) The jail shall complete periodic reports on its population. (9) The jail should, in addition, maintain an ongoing and permanent accounting of its population by confinement categories, location, or classification within the jail. (10) The jail shall maintain an accurate jail register as required by RCW 70.48.100. (11) The jail shall maintain a written record of all incidents which result in substantial property damage or bodily harm, or serious threat of substantial property damage or bodily harm. Major infraction reports and disciplinary actions shall become part of the prisoner's jail record. (12) All serious incidents and emergencies shall be recorded on an incident report, a copy of which shall be retained. For purposes of this section, the term "serious incidents and emergencies" includes, but is not limited to, any death which occurs within the jail, attempted suicides, epidemics, attempted or completed escapes, any attempted or completed assault upon staff or prisoners, fires, riots, flooding or other natural disasters. (13) The jail should keep a log of daily activity within the facility for future accountability. (14) Training records shall be maintained for each staff member employed by the jail. (15) Performance records should be maintained for each staff member employed by the jail. 2.21.070 Emergency procedures. (1) The sheriff or designee shall formulate written emergency procedures relative to escapes, riots, rebellions, assaults, injuries, suicides or attempted suicides, outbreak of infectious disease, fire, acts of nature, and any other type of major disaster or disturbance. The emergency plan shall outline the responsibilities of jail facility staff, evacuation procedures, and subsequent disposition of the prisoners after removal from the area or facility. Such plan shall be formulated in cooperation with the appropriate supporting local government units. (2) Emergency plans shall always be available to the officer in charge of the jail, and all personnel shall be aware of, and trained in, the procedures. Page 5 of 25 03/08/2018 2.21.080 Fire prevention/suppression. (1) The department sheriff or designee shall consult with the local fire department having jurisdiction over the facility in developing a written fire prevention and suppression plan which shall include, but not be limited to: (a) A fire prevention plan to be part of the operations manual of policies and procedures; (b) A requirement that staff are alert to fire hazards during their daily rounds. (c) Fire prevention inspections requested at least semi-annually of the fire department having jurisdiction; provided, that when such inspections cannot be obtained from such fire department, the facility shall provide such inspections by an independent, qualified source. (d) A regular schedule for inspections, testing and servicing fire suppression equipment. (2) Results of all fire prevention inspections shall be kept on file at the jail, together with records of actions taken to comply with recommendations from such reports. 2.21.090 Overcrowding. (1) It is the purpose of these standards to provide a firm approach to preventing overcrowding in the jail facility and to create a workable and flexible process for addressing overcrowding. (2) No prisoner shall be required to sleep directly on the floor for any length of time. No prisoner shall be required to sleep on a mattress directly on the floor in excess of one seventy-two-hour period, unless there are reasonable grounds to believe that such provisions are necessary to prevent the prisoner from damaging property, inflicting bodily harm to himself or substantially compromising the security of the jail. (3) The sheriff or designee shall set the maximum capacity for the jail facility. This capacity shall reflect a judgment as to the maximum number of prisoners who may be housed within the facility in a humane and constitutional manner. (4) In setting the maximum capacity, the sheriff or designee should take into account the following factors: (a) The average amount of cell and day room space which would be available to each prisoner at maximum capacity; (b) The number of hours each day prisoners in the area have access to day rooms; (c) If the day room access is less than twelve hours each day, the amount of space per prisoner in the cell area; (d) The classification and types of prisoners held; (e) The average length of stay of prisoners held; (f) The maximum length of actual stay of prisoners held; (g) The nature and amount of physical exercise available to prisoners; (h) The amount of access to visitation; (i) The amount of other out-of-living-area time available to prisoners; Page 6 of 25 03/08/2018 (j) Description of services and programs available to prisoners, especially those covered by custodial care standards; and (k) The number of incidents occurring in the jail in the previous twelve months. (5) The maximum capacity, for a particular day(s) in a month, may only be exceeded to the extent that the average daily population for any entire calendar month does not exceed the established maximum capacity. (6) The sheriff or designee shall establish, with the cooperation of the presiding judge of the Superior Court, a procedure of release of prisoners before the end of their term when overcrowding occurs as herein defined. 2.21.100 Use of force. (1) The sheriff or designee shall establish and maintain policies and procedures regarding the use of force and the use of deadly force, which shall be consistent with this section. (2) Only lawful and reasonable force as defined by law shall be used. In no event will physical force be used as punishment. (3) Deadly force shall not be used on a prisoner unless the person applying the deadly force reasonably believes that the prisoner poses an immediate threat of death or grievous physical injury to an officer or employee of the jail or any other person; or, to prevent the escape of a prisoner arrested for a felony, when the person applying the deadly force reasonably believes that use of less than deadly force would be ineffective. (4) A written report on the use of force or deadly force shall be made. A written report shall be made by each staff member involved or observing the use of such force. The report shall be reviewed by the superintendent of corrections or designee, who shall initiate an investigation or review of the incident and make a determination whether appropriate, justified or reasonable force was used. Said determination shall be made a matter of record and filed with the Office of Professional Standards. (5) The "Carotid Control Hold" means any hold or restraint specifically designed to inhibit blood flow through the carotid arteries of the neck without inhibiting breathing by compression of the airway in the neck and without compression of the larynx or trachea.(8) No neck hold shall be used, except by persons instructed in the dangers of the neck holds and the proper use and constraints of the carotid control hold. Refresher training shall be provided on at least an annual basis. (6) Medical attention shall be administered to the prisoner by a qualified medical professional as soon as possible after the use of the Carotid Control Hold. (7 Restraint devices shall never be applied as punishment. Restraint devices will be used only to prevent self- injury, injury to others or property damage and shall not be applied for more time than is necessary. 2.21.110 Admissions. (1) The receiving officer shall determine that the arrest and confinement of each prisoner is being accomplished by a duly authorized officer, and a copy of all documents that purport to legally authorize the confinement shall become part of the prisoner's jail record. (2) The delivery officer shall remain at the jail facility until the jail staff has accepted the prisoner. Page 7 of 25 03/08/2018 (3) Each prisoner, after completion of booking, shall be allowed reasonable access to a telephone for the purpose of contacting a person or persons of his choice who may be able to come to his assistance. If the prisoner chooses not to place any calls, this information shall be noted. (4) Reasonable provisions shall be made for communicating with non-English-speaking, handicapped or illiterate prisoners concerning the booking process, rules of the facility, privileges afforded to prisoners and other information pertinent to prisoner rights and well-being while confined. (5) The booking process should be completed within a reasonable time taking into consideration the physical or mental condition of the prisoner or any other relevant factors. (6) The sheriff or designee shall establish and maintain written policies and procedures regarding strip searches and body cavity searches, which shall be consistent with the provisions of Chapter 10.79 RCW as now or hereinafter enacted. (7) Each prisoner shall be searched for contraband in a manner consistent with this section and written policies and procedures established hereunder, as is necessary to protect the safety of prisoners, staff and institutional security. (8) Strip searches and body cavity searches shall be conducted in a professional manner which protects the prisoner's dignity to the extent possible. (9) When a strip search or a body cavity search of a prisoner is conducted, it should include a thorough visual check for birthmarks, wounds, sores, cuts, bruises, scars and injuries, "health tags," and body vermin. Less complete searches should include the same checks to the extent possible. (10) When a body cavity search is conducted by a licensed medical professional of the opposite sex, an observer of the same sex as the prisoner should be present. (11) All physical markings and "health tag" identifications shall be recorded and made available to the jail employees responsible for care of prisoners and the medical professionals responsible for care of the prisoner under Section 2.21.260. (12) Particularly when force has been used during arrest, all visible injuries should be photographed. (13) Any person with body vermin shall be treated appropriately in accordance with established health care procedures. (14) Complaints of illness or injury expressed or observed during booking shall be checked promptly in accordance with the medical procedures established under Section 2.21.260. (15) A prisoner suspected of having a communicable disease shall be isolated without delay. Arrangements shall be made for his/her immediate transfer to a facility equipped to handle the suspected disease, unless the admitting facility can safely and effectively segregate the prisoner and maintain medically prescribed treatment. (16) The admitting officer shall record and store the prisoner's personal property with a witnessed receipt. A copy of such receipt shall be provided to the prisoner prior to his/her transfer or release. (17) Each prisoner's weight should be measured and recorded upon admission. (18) Front and side-view identification photographs of each prisoner shall be taken at booking and retained either electronically or in hard-copy formats. Page 8 of 25 03/08/2018 (19) Copies of fingerprints shall be forwarded to the proper state and federal authorities. (20) The jail shall establish a policy on prisoners' use of personal clothing or jail uniforms. (21) At a reasonable time after the completion of booking, each prisoner shall be issued clean bedding, as well as personal care items. 2.21.120 Pre-classification. (1) Prior to classification, reasonable precautions shall be taken to ensure the safety and welfare of prisoners and the security of the institution. (2) Prisoners who, upon screening, appear to have serious and potentially dangerous problems with drugs, including alcohol, or signs of serious mental illness, as evidenced by their self-reported history and/or obvious/overt behavior shall be closely observed. Persons qualified and trained to evaluate such prisoners shall be contacted without delay. (3) Any prisoner suspected of being assaultive shall be housed separately prior to classification except where continual direct observation is maintained. (4) No prisoner known or suspected to be a danger to him or herself may be housed alone without being closely monitored. 2.21.130 Orientation. (1) As soon after booking as possible, each prisoner shall receive an oral, video or written orientation. The orientation shall provide information regarding the prisoner's confinement including, but not limited to: (a) Rules of prisoner conduct; including possible disciplinary sanctions, as provided in Section 2.21.220. (b) Procedures and conditions regarding classification and reclassification, as provided in Section 2.21.140; (c) Staff expectations of prisoner responsibilities, including, if applicable, cleaning of prisoner living areas; (d) Prisoner rights and privileges; and (e) The means of access to health care. (2) An opportunity to ask and receive answers to questions shall be provided within a reasonable time. 2.21.140 Classification/segregation. (1) The sheriff or designee shall establish written classification and reclassification procedures which shall be included in the manual of policies and procedures. (2) A classification D e p u ty s hall be designated as responsible for classification of prisoners confined in the jail in accordance with written procedures identified in subsection (1) of this section; provided, that this does not preclude designation of alternate persons to serve in the Classification Deputy's position; and provided further, that certain classification functions, such as initial cell assignment, may be delegated to non-classification staff. Page 9 of 25 03/08/2018 (3) For each prisoner confined in the jail, those responsible for classification shall determine the degree of security required, housing assignment, program eligibility, and regulations for association within and outside the confinement area. (4) Each prisoner confined in the jail shall be interviewed by the persons responsible for classification determinations. The interviews and the information obtained shall be reported using a sheriff's-office- approved format. (5) Each prisoner shall be classified as soon as reasonably possible. (6) The primary criteria for classification shall be the safety of the prisoner and the security of the institution. (7) Factors to be considered in classification shall include, but are not limited to, age, type of crime detained for, pretrial versus post-trial status, and offender sophistication, criminal history, and past behavior in a jail or correctional facility. (8) No juvenile shall be held in the jail without sight and sound separation from adult prisoners. For purposes of this standard, a juvenile is a person under the chronological age of eighteen, who has not been transferred previously to adult court; provided, that no person under the chronological age of sixteen shall be held in the jail; provided further, that this standard does not preclude or prohibit the housing of remanded pretrial prisoners under the chronological age of eighteen within juvenile detention facility. A juvenile shall not be considered "transferred previously to adult court" unless a juvenile court has held a hearing under RCW 13.40.110 or a successor statute and ordered the juvenile transferred for adult criminal prosecution. The exercise of jurisdiction by a limited-jurisdiction court in traffic, fish, boating or game offenses or infractions pursuant to RCW 13.04.030(6)(c) or a successor statute does not constitute a "transfer." (9) Female prisoners should be segregated from visual communication and physical contact with male prisoners except under the direct supervision of a staff person. (10) Written classification procedures shall include provisions for the separation of certain prisoners for their own protection, for purposes of investigation, and for the security of the facility. (11) Documentation shall be maintained for each case of administrative segregation. 2.21.150 Goodtime (earned early release). The sheriff or designee shall develop written policies regarding recommendations for time off for good behavior. Such policies shall ensure that good time recommendations, when requested by sentencing courts, are given on a consistent basis, and in accordance with applicable laws. 2.21.160 Release and transfer. (1) Prior to any release, the releasing officer shall positively verify the prisoner's identity and ascertain that there is a legal authority for the release. (2) All prisoners being released shall sign a witnessed receipt for personal property returned. (3) In addition to the release procedures designated above, the releasing officer shall determine that the receiving unit or person has the authority to accept custody of a prisoner who is being transferred. 2.21.170 Transportation. The sheriff or designee shall maintain written policy and procedures for transportation of inmates Page 10 of 25 03/08/2018 outside of the jail facility. Said policy shall emphasize safety and security. 2.21.180 Staffing. (1) At all times in the jail, all staff members shall be awake, alert and responsible for supervision and surveillance of inmates. (2) When both males and females are housed in the jail, at least one male and one female staff member shall be on duty at all times. Personal observation of prisoners for purposes of this or other sections of these standards may be by opposite sex staff as long as opposite sex privacy concerns are given appropriate protection. (3) There should be continual sight and/or sound surveillance available of all prisoners and officer posts shall be located to permit officers to see or hear and respond to emergency situations. (4) Such surveillance may be by remote means, provided there is the ability of staff to respond face- to-face to any prisoner. (5) In the absence of unusual behavior or other concerns for prisoner security and health, personal observation of prisoners by staff may be reduced to, but shall not be less frequent than, at least once within every sixty-minute period. (6) Staff should be alert to prisoner depression, dissension, family rejection, loneliness, resistance to staff or programs, and the effects of use of substances prohibited by facility rules or by law. 2.21.190 Supervision/surveillance. (1) The jail shall establish a positive means of identifying prisoners. (2) Perimeter security shall be maintained. (3) Security devices shall be maintained in proper working condition. (4) No prisoner shall be permitted to have authority over other prisoners. (5) The sheriff or designee shall develop a system for taking and recording prisoner counts. (6) Any item or person entering or leaving the jail shall be subject to search. (7) Prisoners who have regular contact outside the jail shall not be permitted contact with other prisoner classifications or entrance to areas frequented by other prisoners, unless first subject to search. (8) There shall be irregularly scheduled searches for contraband in the jail facility and in all areas frequented by prisoners. (9) Conspicuously posted signs shall display the statutory penalty for giving or arranging to give anything to a prisoner without official authorization (RCW 9A.76.010, 9A.76.140, 9A.76.150, 9A.76.160). 2.21.200 Critical articles. (1) The jail facility shall establish written procedures to ensure that weapons be inaccessible to prisoners at all times. (2) Weapon lockers shall be located outside of the booking and confinement areas. Page 11 of 25 03/1 (3) The manner in which jail keys are to be used shall be included in the policies and procedures manual established by the sheriff or designee. (4) A control point shall be designated for key cataloging and logging the distribution of keys. (5) There shall be at least two sets of jail facility keys, one set in use and the other stored securely but easily accessible to staff for use in the event of an emergency. (6) All keys not in use shall be stored in a secure key locker inaccessible to prisoners. (7) Emergency keys shall be marked and placed where they may be quickly identified in case of an emergency. (8) Keys to locks on doors inside the security area of a jail should be on a separate ring from keys to locks on doors or gates to the outside of the jail. Except in an emergency situation, both rings should not be carried by any person inside the jail simultaneously. (9) Keys shall be accounted for at all times and the distribution certified at each shift change. (10) Jail facility keys shall never be issued to a prisoner. (11) If electronic devices are used in place of keys, there shall be key or other manual override capabilities available for immediate use in case of an emergency and/or a failure of the system. (12) Protective equipment and other chemical suppressing agents shall be kept in a secure area, inaccessible to prisoners and unauthorized persons, but quickly accessible to officers of the facility. (13) Dangerous kitchen utensils and tools shall be marked for identification, recorded and kept in a secure place. (14) Toxic substances shall be kept in a locked storage and use of toxic substances shall be strictly supervised. Such substances, including cleaning supplies, shall be stored in a separate area from food supplies. 2.21.210 Prisoner rights. (1) The sheriff or designee should establish a written statement of prisoner rights which should include, but not be limited to, access to courts, confidential access to attorneys and/or legal assistance, protection from abuse and corporal punishment, freedom from discrimination based on race or sex, access to information on facility rules, regulations and sanctions, communication such as telephone calls, and access to necessary medical care. The written statement of prisoner rights shall be included in the inmate handbook given to the prisoner at the time of orientation. (2) The sheriff or designee shall establish uniform rules and disciplinary sanctions to guide the conduct of all prisoners. The rules shall designate major and minor infractions. (3) Printed rules and possible disciplinary sanctions shall be given to each prisoner and/or posted conspicuously throughout the jail. Non-English-speaking prisoners shall be informed of the rules either orally, in writing, or by posted signs in the appropriate language. 2.21.220 Prisoner rules of conduct. (1) All major infractions of the rules shall be reported in writing to the supervisor prior to shift change by the staff member observing or discovering the infraction. Such reports shall become a part of the prisoner's jail record. Page 12 of 25 03/08/2018 (2) Minor infractions of the rules may be handled informally by any staff member by reprimand, warning, or minor sanction as defined by policy and procedures of the jail. Such incidents may become part of the prisoner's record. 2.21.230 Discipline. (1) The superintendent of corrections or designee shall review all charges of major violation of facility rules and impose appropriate sanctions, if any. (2) Any facility staff member involved as a witness, reporting party and/or participant of an incident giving rise to a charge of a major violation shall not be a designee under subsection (1) of this section, with respect to that charge. (3) Nonpunitive corrective action should be the first consideration in all disciplinary proceedings. (4) Punitive measures imposed shall be appropriate to the severity of the infraction and based on considerations of the individual(s) involved. (5) Acceptable forms of discipline shall include, but not be limited to, the following: (a) Loss of privileges; (b) Removal from work detail or other assignment; (c) Recommendation of forfeiture of"good time" credit; (d) Transfer to the maximum security or segregation section. (6) No prisoner or group of prisoners shall be given authority to administer punishment to any other prisoner or group of prisoners. (7) Deprivation of regular feeding, clothing, bed, bedding, or normal hygienic implements and facilities shall not be used as a disciplinary sanction. (8) Correspondence privileges shall not be denied or restricted, except in cases where the prisoner has violated correspondence regulations. In no case shall the correspondence privilege with any member of the bar, holder of public office, the courts or the department of corrections or chief law enforcement officer be suspended. (9) Visitation privileges should not be denied or restricted as a sanction for infractions of rules of the institution unrelated to visitation. Attorney client visits shall not be unreasonably restricted. (10) No prisoner should be held in disciplinary segregation for more than fifteen days for any one violation and no more than thirty days for all violations arising out of one incident, unless approved by the sheriff or designee. (11) Corporal punishment and physical restraint (e.g., handcuffs, leather restraints, and straitjackets) shall not be used as sanctions. 2.21.240 Grievance procedures. (1) The sheriff or designee shall develop and maintain procedures regarding prisoner grievances. Such procedures should provide for identification of persons to whom grievances are to be directed, for timely review of grievances, and for notification and recordation regarding the grievances. Page 13 of 25 O3/08/2018 2.21.250 Designated health authority and licensed staff. (1) The facility shall have a designated health authority with responsibility for health care services pursuant to a written agreement, contract, or job description. The health authority may be a physician, health administrator or agency. When this authority is other than a physician, final medical judgments shall rest with a single designated responsible physician licensed in the state of Washington. (2) Matters of medical and dental judgment shall be the sole province of the designated health authority; security regulations applicable to facility personnel shall also apply to health personnel. (3) The designated health authority should submit a quarterly report on the health delivery system and health environment and an annual statistical summary to the sheriff or designee. (4) State licensure and/or certification requirements and restrictions shall apply to health care personnel. (5) All medical personnel shall practice within the scope of their license. Where applicable, treatment shall be performed pursuant to a written standing or direct order from a medical practitioner. (6) Verification of current licensing and certification credentials should be on file in the jail. 2.21.260 Health care policies and procedures. (1) Written standard operating procedures approved by the designated health authority shall consist of but not be limited to the following: (a) Receiving screening; (b) Health appraisal data collection; (c) Nonemergent medical services; (d) Deciding the emergency nature of illness or injury; (e) Availability of dental referral examination, and treatment; (f) Provision of medical and dental prostheses; (g) First aid; (h) Notification of next of kin or legal guardian in case of serious illness, injury or death; (i) Providing chronic care; Q) Providing convalescent care; (k) Providing medical preventive maintenance; (1) Screening, referral and care of mentally ill and retarded inmates, and prisoners under the influence of alcohol and other drugs; (m) Implementing the special medical program; (n) Delousing procedures; (o) Detoxification procedures; and Page 14 of 25 03/08/2018 (p) Pharmaceuticals. (2) The work of qualified medical personnel shall be governed by written job descriptions which shall be approved by the designated health authority. 2.21.270 Health screening. (1) Receiving screening shall be performed on all prisoners upon admission to the facility before being placed in the general population or housing area, and the findings recorded. The screening shall include inquiry into: (a) Current illness and health problems including those specific to women; (b) Medications taken and special health requirements; (c) Screening of other health problems designated by the responsible physician; (d) Behavioral observation, including state of consciousness and mental status; (e) Notation of body deformities, trauma markings, bruises, lesions, ease of movement, jaundice, and other physical characteristics; and (f) Condition of skin and body orifices, including rashes and infestations. (2) The health appraisal data collection should be completed for each prisoner within fourteen days after admission to the facility in accordance with the adopted standard operating procedures. (3) Such health appraisal should include, at a minimum, a physical assessment by a licensed health care provider, recording of vital signs and a general review of mental status; provided, that such appraisal is not intended to be a standard "annual physical" but rather such minimum physical and mental status review as is necessary to detect any major problems. As appropriate, laboratory and diagnostic tests to detect communicable disease, including venereal diseases and tuberculosis, and other tests and appraisals should be included within such appraisal. (4) Health history and vital signs should be collected by medically trained or qualified medical personnel who are properly licensed, registered or certified as appropriate to their qualifications to practice. Collections of all other health appraisal data should be performed only by qualified medical personnel. Review of the results of the medical examination, tests and identification of problems should be made by a physician or designated qualified medical personnel. All health appraisal data should be recorded on the health data forms approved by the designated health authority. 2.21.280 Access to health care. (1) If medical services are delivered in the jail, adequate equipment supplies and materials shall be provided for the performance of primary health care delivery. (2) At the time of admission to the facility, prisoners shall receive written communication consistent with the provisions of Section 2.21.110, explaining the procedures for gaining access to medical services. (3) Prisoner's medical complaints shall be collected daily and acted upon by the medically trained personnel. Priority shall be established and appropriate treatment by qualified medical person shall follow. (4) Sick call shall be conducted by a physician and/or other qualified medical personnel and shall be Page 15 of 25 03/08/2018 available to each prisoner at least three times per week. (5) When sick call is not conducted by a physician, the responsible physician shall arrange for the availability of a physician at least once each week to respond to prisoner complaints regarding services which they did or did not receive from other medical providers; further, regardless of complaints, the responsible physician shall review the medical services delivered at least every two weeks. (6) Medical and dental prostheses shall not be denied when the health of the inmate-patient would otherwise be adversely affected as determined by the designated health authority. (7) First aid kit(s) shall be conveniently available to jail and medical staff. (8) The designated health authority should approve the contents, number, location and procedure for periodic inspection of the kit(s). (9) Emergency medical and dental care shall be available on a twenty-four-hour basis in accordance with a written plan which includes: (a) Arrangements for the emergency evacuation of the prisoner from the jail; (b) Arrangements for the use of an emergency medical vehicle; (c) Arrangements for the use of one or more designated hospital emergency rooms, other appropriate health facilities, or on-call physician and dentist services. (10) Work release residents shall be allowed to see their own physician, upon approval by the designated health care authority. 2.21.290 Health care training. (1) Jail personnel shall be trained in standard first-aid equivalent to that defined by the American Red Cross prior to employment or during the probationary period. Written standard operating procedures and training of staff shall incorporate the following steps: (a) Awareness of potential medical emergency situations; (b) Notification or observation determination that a medical emergency is in progress; (c) "First aid" and CPR; (d) Call for help; and (e) Transfer to appropriate medical provider. (2) At least one person per shift shall have training in life support cardiopulmonary resuscitation (CPR). (3) Jail personnel shall be given training regarding the recognition of general symptoms of mental illness and developmental disabilities. (4) All persons responsible for the delivery of medications shall have training regarding the medical, security, and legal aspects of such activity. 2.21.300 Medications control. (1) The designated health authority operating procedures for the proper management of Page 16 of 25 03/08/2018 pharmaceuticals shall include: (a) A policy regarding the prescription of all medications with particular attention to behavior- modifying medications and those subject to abuse. (b) A policy regarding medication dispensing and administration which shall include, but not be limited to: (i) Nonmedical jail personnel delivering medication(s) to prisoners; (ii) Disposition of medication(s) brought in by prisoners at the time of admission to the facility; (iii) Ensuring that all medications are kept in containers which have been labeled securely and legibly by a pharmacist or the prescribing physician, or in their original container which is labeled by their manufacturer. Medications shall not be transferred from such containers except for the preparation of a dose administration; (iv) Safeguards with regard to delivery of medications to prisoners; and (v) Disposition of unused medication(s). (c) A policy regarding the maximum security storage and weekly inventory of all controlled substances, nonprescription medication(s), syringes, needles and surgical instruments. (2) The person delivering medication(s) shall be accountable for following the orders of medical staff. 2.21.310 Health care records. (1) The designated health authority shall be responsible for maintaining patient medical record files. Such files shall contain the completed receiving screening form, health appraisal data collection forms, all findings, diagnoses, treatments, dispositions, prescriptions and administration of medications, notes concerning patient education as to prescribed medication and/or treatment, notations of place, date and time of medical encounters and terminations of treatment from long term or serious medical or psychiatric treatment. The health care records are the property of the sheriff's office. (2) The designated health authority shall ensure the confidentiality of each prisoner's medical record file and such file shall be maintained separately to the extent necessary to maintain their confidentiality. (3) The designated health authority shall communicate information obtained in the course of medical screening and care to jail authorities when necessary for the protection of the welfare of the prisoner or other prisoners, management of the jail, or maintenance of jail security and order. (4) A copy or summary of the medical record file shall be sent to the jail or correctional institution to which a prisoner is transferred at the time of such transfer or as soon as practical thereafter. A copy of such file or parts thereof shall also be transmitted upon the written authorization of a prisoner to designated physicians and medical facilities. (5) The person delivering medications shall record the actual time of the delivery in a manner using a format approved by the designated health authority. 2.21.320 Special medical issues. (1) All examinations, treatments and procedures affected by informed consent standards in the community shall likewise be observed for prisoner care. Page 17 of 25 03/08/2018 (2) No prisoner shall be given medical treatment against his will except as necessary to prevent the spread of communicable disease, to relieve imminent danger to the life of the prisoner, or, in the case of serious mental disorders, to prevent imminent danger to the life of his or her person or to the lives of others. All procedures required by Chapter 71.05 RCW shall be followed in any case of involuntary commitment or involuntary treatment of mentally ill persons within the jail. (3) In all cases, the responsible physician shall give a clear statement to the prisoner patient of his diagnosis and treatment. (4) Upon discovery, jail staff shall report any symptoms of prisoner mental illness or developmental disability to medical personnel or mental health professionals for evaluation and treatment. (5) A written individual treatment plan for each inmate/patient requiring close medical supervision shall be developed by a medical practitioner. The individual treatment plan shall include direction to medical and nonmedical personnel regarding their roles in the care and supervision of these patients. (6) Programs for the prevention of suicide, to include early identification of risk, appropriate diagnosis and referral, and close observation as required by Section 2.21.180, should be developed by medical staff. (7) Appropriate medically supervised treatment in accordance with written procedures established under Section 2.21.260 shall be given to prisoners determined to be mentally ill or under the influence of alcohol, opiates, barbiturates and similar drugs. (8) Reasonable physical restraint, when necessary for medical reasons, shall be medically directed, except in the instance of a medical emergency, where reasonable physical restraint may be used to control a grossly disturbed or violent prisoner, absent medical direction; provided, that the review and direction of the health care staff or local mental health professionals shall be promptly sought. 2.21.330 Access to facilities. (1) Regular bathing (shower) shall be permitted at least twice each week. (2) Each prisoner shall have access to toilet, sink, drinking water, and adequate heat and ventilation. 2.21.340 Food. (1) At least three meals a day shall be served at regular intervals. The morning meal shall be served within fourteen hours of the previous day's evening meal. (2) The jail may arrange for prepared meal service or serve frozen packaged meals, provided these meals shall be served in a reasonable manner, hot food served hot, cold food served cold. (3) The jail menu shall be reviewed at least annually by a qualified nutritionist or dietician to ensure the menu served meets the nationally recommended dietary allowance for basic nutrition for appropriate age groups. Menu evaluations shall be conducted at least quarterly by food service supervisory staff to verify adherence to the established dietary allowances. (4) Whenever a prisoner refuses a meal or does not eat the meal served, a notation or recording should be made in a manner approved by the sheriff or designee and the medical section notified if an inmate refuses more than three meals within a forty-eight-hour period of time. (5) Diets ordered by medical staff shall be strictly observed. Page 18 of 25 03/0&/2018 2.21.350 Clothing/bedding and personal items. (1) Provisions shall be made for separate insect-proof clothing storage to prevent migration of lice from infested clothing. (2) The jail shall ensure that the laundering of prisoners' outer garments is made available to them at least once a week, and that the laundering of prisoners' undergarments and socks is made available to them at least twice a week. (3) The jail facility shall, if necessary, clean and sanitize personal clothing prior to storage. (4) Each prisoner shall be issued clean linens for the first night's detention and at least once a week thereafter. Linens shall include: 1. One towel 2. Two Blankets 3. One inmate uniform 4. One pair of inmate shoes (5) Mattresses shall have a washable surface and be sanitized at least semiannually. (6) Blankets shall be issued upon arrival and shall be washed at frequent intervals to maintain a clean condition, but at least once every sixty days, and always before reissue. (7) Personal care items issued to each prisoner in the jail facility shall include, but not be limited to, soap and towel. Female prisoners shall be supplied with necessary feminine hygiene items. (8) Toothpaste or powder, toothbrush and comb shall be available for purchase by all prisoners. Prisoners without funds shall have access to these minimum items without cost. (9) Each prisoner should be permitted to have a reasonable number of additional personal items, the possession of which does not substantially impede jail management or security. 2.21.360 Sanitation. (1) The jail shall be kept in a clean and sanitary condition, free from any accumulation of dirt, filth, rubbish, garbage, or other matter detrimental to health. (2) Jail staff shall ensure that each prisoner shall clean his own living area daily. Convicted prisoners may be required to clean other space within the confinement area and pretrial detainees may be permitted to do so voluntarily. (3) Insects and rodents shall be eliminated by safe and effective means. Prisoners shall be removed from areas in which insecticides and rodenticide are being used. (4) Pets shall not be allowed in the jail facility. (5) The jail shall provide adequate laundry services. 2.21.370 Services. (1) The sheriff or designee shall establish, maintain and operate a commissary. (2) Inmates may make arrangements to order books, periodicals, and newspapers, from publishers and/or local newsstands. Page 19 of 25 03/08/2018 (3) Proceeds from the jail facility commissary shall be used for operation and maintenance of the commissary service and/or prisoner welfare expenses. (4) Payments for commissary purchases shall be made by debit on a trust account maintained for the prisoner. All expenditures from a prisoner's account shall be accurately recorded and receipted. (5) The sheriff or designee shall make reasonable arrangements to provide basic hair care. (6) In consultation with state and/or local library service units, the jail should make provision for library services. (7) The sheriff or designee shall arrange for access by the prisoners to an adequate law library or adequate professional legal assistance. (8) Upon request from a prisoner, the jail facility shall arrange confidential religious consultation. (9) The sheriff or designee shall arrange for weekly religious services. (10) Prisoners should be permitted to observe religious holidays and receive sacraments of their faith. (11) Attendance at religious services shall be voluntary, and prisoners who do not wish to bear or participate shall not be exposed to such services. (12) Counseling services should be available to provide prisoners in jail facilities with an opportunity to discuss their problems, interests, and progress. (13) The sheriff or designee may utilize volunteer counseling resources available in the community. (14) Counselors may submit written recommendations to the sheriff or designee. (15) Prisoners shall not be required to receive counseling services unless ordered by the appropriate court. (16) Work release participants may be allowed to keep a small amount of money on their persons, when housed separately from non-work-release prisoners. Alternately, the jail shall maintain a cash account for the resident. All expenditures from a resident's account shall be accurately recorded and receipted. 2.21.380 Programs. (1) Each prisoner shall be allowed three hours per week of physical exercise, to be scheduled no less than three separate days. If weather does not permit outdoor exercise, it shall be provided indoors. (2) The sheriff or designee may establish work programs. (3) Participation in work programs by pretrial detainees shall be voluntary, and shall be at the discretion of the sheriff or designee. (4) The sheriff or designee may arrange for the development of an education and training program, utilizing local school districts, colleges, trade schools, unions, industry, interested citizens, and other available community, state and federal resources. (5) Paid staff member(s) may be designated responsibility for supervision of any education and training programs. Page 20 of 25 O3/08/2018 (6) Approved correspondence courses may be made available at the prisoner's request. (7) The sheriff or designee may provide courses to prepare qualified prisoners for the "General Education Development" test, and provide the opportunity to take the test. (8) The sheriff or designee may provide opportunities for all prisoners to participate in leisure time activities of their choice and abilities. Such activities may include athletic programs, hobbies and crafts, table games, radio and television, motion pictures, cards, puzzles, checkers and chess. (9) Volunteers may be used to plan and supervise exercise programs and other leisure time activities, but paid staff member(s) shall be designated responsibility for supervision of such program(s). 2.21.390 Telephone usage. (1) The sheriff or designee shall establish rules which specify regular telephone usage times and the maximum length of calls (not to be less than five minutes). (2) Telephone usage hours shall include time during the normal work day and time during the evening, at least once a week per prisoner; provided, that established social telephone usage hours shall not preclude reasonable access to a telephone to contact the prisoner's attorney or legal representative. (3) Calls shall be at the prisoner's expense or collect; provided, that appropriate protection of access to an attorney shall be maintained for prisoners without funds. (4) Telephone conversations may be monitored, tape-recorded or spot-checked except for calls made to the prisoner's attorney or legal representative. (5) Reasons for calls shall be the personal concern of the prisoner, except in consideration of requests for emergency calls beyond normal telephone hours. 2.21.400 Mail. (1) Prisoners shall generally be permitted to subscribe to and otherwise receive books, newspapers, periodicals and other printed materials or photographs which may lawfully be delivered through the United States mail. Such materials shall be denied a prisoner only if such denial furthers a substantial governmental interest in jail security or the welfare of prisoners or staff. (2) When materials identified in subsection (1) of this section are withheld from a prisoner: (a) The prisoner and the publisher or sender shall receive appropriate written notice that the publication is being denied, accompanied by an explanation of the reason(s) for the denial; (b) The affected prisoner may have such decision reviewed by utilizing the grievance process; (c) A written decision of the review of the denial, including reason(s), shall be given to the prisoner requesting review. (3) Incoming or outgoing mail shall be retained no more than one business day. Except in the case of prisoners without funds, prisoners shall be permitted to mail out any number of letters. Prisoners without funds shall be permitted to mail up to three letters per calendar week at public expense or with postage purchased from the prisoner welfare fund, provided upon proper showing the number may be increased. Each prisoner shall be permitted to mail out any number of letters to his attorney and/or the courts. No restriction shall be placed on the number of letters a prisoner may receive or of the persons with whom he may correspond, except by court order of a court of competent jurisdiction, or as provided Page 21 of 25 OS/08/2018 under subsection (5) of this section. These rules shall not preclude a prisoner being required to place his name and a return post office address on outgoing mail. (4) No general restriction of the number of letters prisoners may receive or of classes of persons with whom they may correspond shall be made by facility rule or policy. Incoming mail shall not be censored, but may be opened and inspected for contraband, cash and checks may be perused for content when the responsible staff person designated by the sheriff or designee has reasonable grounds to believe that the content of a letter may present a clear and present danger to institutional security or violates state or federal law. Whenever mail is not delivered by the jail staff directly to the prisoner to whom it is addressed, it shall be resealed. Outgoing non-legal mail shall be submitted to Corrections staff in an unopened envelope. Corrections Deputies shall inspect the mail to assure compliance with jail policy, law, and inmate rules. (5) When a prisoner is prohibited from sending a letter, the letter and a written and signed notice stating the reason for disapproval and indicating the portion(s) of the letter causing disapproval, shall be given to the prisoner. When a prisoner is prohibited from receiving a letter, the letter and a written signed notice stating the reason(s) for denial and indicating the portion(s) of the letter causing the denial shall be given to the sender. The prisoner shall be given notice in writing that the letter has been prohibited, indicating the reason(s) and the sender's name. When a prisoner is prohibited from sending or receiving mail, the affected prisoner may have such decision reviewed utilizing the grievance process. A written decision of the review of such denial shall be delivered to the prisoner. (6) Incoming mail of prisoners that is clearly marked as coming from an attorney, court, or elected federal, state, county or city official shall be opened only in the presence of the addressee. Mail to or from attorneys, courts or elected federal, state, county, or city officials shall not be read. There shall be no additional restrictions on prisoner correspondence for disciplinary or punishment purposes, unless the prisoner has violated rules as to correspondence. Upon proper showing of the alleged violation, the prisoner's mail may be restricted for a limited time, but such restriction shall not apply to attorney-client mail or correspondence with the courts. (7) The jail facility may establish policies and procedures for the receipt of packages for inmates. If the facility allows prisoners to receive packages, all packages shall be opened and inspected. Packages may be received only if the contents conform to rules adopted by the sheriff or designee. (8) Outgoing packages of prisoners' personal property shall be inspected to ensure ownership and compliance with United States postal regulations. (9) Items which are not permitted by jail rules may be destroyed upon the prisoner's written request, placed in the prisoner's personal property box, or returned collect to the sender. A receipt for permissible items received in the mail, including money or check, shall be signed by a staff member and a copy thereof promptly delivered to the prisoner. Contraband, as defined in RCW 9A.76.010, shall be turned over to the proper authorities, for handling as evidence, for disciplinary action or possible prosecution under RCW 9A.76.140, 9A.76.150, 9A.76.160, or other applicable statute(s). 2.21.410 Visitation. (1) The department of corrections or chief law enforcement officer shall establish and post rules governing visitation and specifying times therefor. (2) Each prisoner should be allowed a minimum of two hours total visitation per week. Page 22 of 25 03/08/2018 (3) Preference on who visits will be determined by the inmate, subject to subsection (1) of this section. (4) Visitors seventeen years of age and under are prohibited from accessing the jail. (5) The sheriff or designee may grant special visitation privileges to visitors who have traveled long distances, to visitors for hospitalized prisoners, and for other unusual circumstances. (6) Each prisoner shall be allowed confidential visits from his attorney or legal assistants and clergy or religious representatives. (7) By prior arrangement with the sheriff or designee, a prisoner may be allowed confidential visits for business or educational reasons. (8) Law enforcement professionals shall be allowed to interview prisoners at reasonable times, unless it appears circumstances do not permit delay. (9) Signs giving notice that all visitors and their accompanying possessions are subject to search shall be conspicuously posted at the entrance to the facility and at the entrance to the visiting area. (10) Any visitor may refuse a search but, subsequent to such refusal, may then be denied entrance. (11) Other reasons for denying entrance to visitors shall include but not be limited to: (a) An attempt, or reasonable suspicion of an attempt, to bring contraband into the facility; (b) Being under the obvious influence or effect of alcohol or controlled substances; (c) Request from prisoner's physician; (d) Request from prisoner; (e) Reasonable grounds to believe a particular visit would present a substantial danger to jail security or management or the welfare of prisoners, staff or other visitors. (12) Whenever a visitor is refused admittance during regular visiting hours, the prisoner shall receive notice of the refusal stating the reasons therefor. 2.21.440 Visitation for work release participants. (1) Visitation shall be provided within the jail for each work release participant unless the work release participant is permitted to visit with others away from the facility. (2) The work release facility may, if authorized by legal authority, permit work release participants to leave the facility for the purpose of: medical/dental treatment, attending to civil or legal matters, or to conduct business and to participate in activities related to their approved program. Authorization to leave the facility shall be governed by written policy and procedures. (3) Each work release participant may be allowed visits from his or her attorney or legal assistants, his or her pastor and business, educational and law enforcement professional at reasonable hours. (4) Signs giving notice that all visitors and their accompanying possessions are subject to search shall be conspicuously posted. Any visitor may refuse a search but, subsequent to such refusal, may then be denied entrance. (5) Other reasons for denying entrance to visitors shall include, but not be limited to: Page 23 of 25 03/08/2018 (a) An attempt, or reasonable suspicion of an attempt, to bring contraband into the facility. (b) Being under the obvious influence or effect of alcohol or controlled substances. (c) Request from the work release participant's physician. (d) Request from the work release participant. (e) Reasonable grounds to believe a particular visit would present a substantial danger to jail security, or management, or to the welfare of work release participants, staff, or visitors. (6) If a visitor is refused admittance during regular visiting hours: (a) The work release participant shall receive notice of the refusal stating the reasons therefor. (b) The affected work release participant is entitled to have such decision of the jail administrator or designee upon written request and shall be promptly informed of his right. (c) A written decision of the reviewing body's determination, stating the reason(s) therefor, shall be furnished to the work release participant who requested such review. 2.21.450 Transportation for work release participants. The use of inmate's personal automobiles shall be governed by written policy of the sheriff or designee, which shall ensure the work release participant has a valid Washington State driver's license and minimum liability insurance coverage. 2.21.460 Employment restrictions. The work release program shall comply with RCW 70.48.210 as to its work release participants. 2.21.470 Work release participant money accounts. (1) The sheriff or designee may collect work release participant's earnings and from the earnings make payments for the work release participant's board, personal expenses inside and outside the facility, and share of the administrative expenses as required by RCW 70.48.210(3)(d). (2) If a work release participant's earnings are collected, support payments for some work release participant's dependents, if any, shall be made as directed by the court. (3) If a work release participant's earnings are collected, with the work release participant's consent, the remaining funds may be used to pay the work release participant's pre-existing debts. Consent to payment of restitution may be imposed as a condition of work release when authorized or required by court order. Any balance shall be retained and paid to the work release participant when the work release participant is discharged. 2.21.480 Accountability for participants in the work release program. (1) The work release participants shall be confined in the jail whenever the work release participant is not employed and between the hours of employment, unless excused by supervising jail staff to seek approved necessary medical attention or employment opportunities. (2) A current schedule of the times during which work release participants are authorized to be absent from the facility shall be maintained. Page 24 of 25 03/08/2018 (3) To ensure strict accountability as to the whereabouts of each work release participant, the jail shall have a sign-in/sign-out system which records the date and time of departure and expected return, destination, reason for leaving the jail and time of actual return. (4) The jail shall establish and follow written policies and procedures to verify attendance of work release participants at the place for which absence from the jail is authorized. 2.21.490 Searches of work release participants. (1) Work release participants shall be subject to search each time they enter or leave the jail. (2) The jail shall have written policies and procedures regarding the use of breathalyzers, urine analysis, and other means to detect the use of alcohol or unauthorized drugs. Page 25 of 25 BEFORE THE BOARD OF COUNTY COMMISSIONERS OFMASONCOUNTY, WASHINGTON IN RE: RESCINDING RESOLUTION 87-87 AND ) RESOLUTION#18- ADOPTING REVISED JAIL STANDARDS ) WHEREAS, in 1987, the Washington State Legislature mandated counties adopt jail operating standards,RCW 70.48.071 and WAC 289; and WHEREAS, Mason County adopted jail standards by Mason County Resolution 87-87; and WHEREAS,the Washington State legislature decodified WAC 298 in 2006; and WHEREAS, the jail standards, adopted in 1987, are outdated and no longer compliant with correctional law and practice;and WHEREAS,the Mason County Sheriff's Office has updated the standards,adopted in 1987,to reflect current correctional practices and constitutional requirements; NOW, THEREFORE BE IT RESOLVED, the Board of County Commissioners of Mason County, Washington, hereby rescinds resolution 87-87 and adopts the updated document as the jail's operating standard in compliance with RCW 70.48.071. DONE IN OPEN SESSION this day of 92018. APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON Mason County Prosecuting Attorney Commissioner District 1 ATTEST: Commissioner District 2 Clerk of the Board Commissioner District 3 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Chief Criminal Deputy Ryan Spurling DEPARTMENT: Mason County Sheriff's Office EXT: 312 BRIEFING DATE: June 4, 2018 PREVIOUS BRIEFING DATES: March 26, 2018 & follow up discussions during May 14 SO briefing ITEM: Follow up brief on the status and changes to the Memorandum of Understanding (MOU) between North Mason School District (NMSD) and the Mason County Sheriffs Office (MCSO) for a School Resource Deputy (July 2018-December 2018) The MOU was adjusted to accommodate our budget calendar year. EXECUTIVE SUMMARY: Sheriff Salisbury, through a selection process involving some of the School Superintendents of Mason County, assigned Deputy Colbenson as a School Resource Deputy (SRO) for Mason County Schools this last August. He has been responsible for 14 schools across the county and has been well received by school staff, students and parents alike. NMSD has seen the need and value of investing into a dedicated fulltime Deputy for their school district. Through our long standing partnership with NMSD and Superintendent Rosenbach, we are excited to move forward with a signed MOU for a full time School Resource Deputy at NMSD for the period of July 2018-December 2018. This agreement was by the Prosecutor's Office (Tim Whitehead) and he saw no concerns. NMSD agrees to provide salary compensation to the Sheriffs Office in the amount of up to $40,000.00 for a SRO from July 2018-december 2018. BUDGET IMPACTS: it is my understanding that a supplemental has already been approved for 40K unanticipated revenue after the adoption of the 2018 budget. RECOMMENDED OR REQUESTED ACTION: Ratify the new MOU with the changes. ATTACHMENTS: New MOU with adjustments Briefmg Summary 5/30/2018 MEMORANDUM OF UNDERSTANDING BETWEEN NORTH MASON SCHOOL DISTRICT#403 (hereinafter referred to as the District) 71 E.Campus Drive, Belfair,WA 98528 AND MASON COUNTY SHERIFF'S OFFICE (hereinafter referred to as the Sheriff's Office) PO Box 1037, Shelton,WA For THE SCHOOL RESOURCE OFFICER(SRO) PROGRAM In consideration of the promises and conditions contained herein, the District and the Sheriff's Office do mutually agree as follows: This agreement made and entered into this Zq day of , 2018 by and between the Mason County Sheriff's Office and the North Mason School District. or It is the intention of the Mason County Sheriff's Office and the North Mason School District to maintain collaborative efforts to provide a safe and healthy school environment for students, staff,faculty,and visitors. Goals and Obiectives(In direct support of the District and the Sheriff's Office's Mission.Vision and Values) Maintain a safe and secure environment on school campuses which will be conducive to learning ➢ Establish a positive working relationship in a cooperative effort to prevent juvenile delinquency and assist in student development ➢ Promote positive attitudes regarding the police role in society Assignment of School Resource Officer The Mason County Sheriff's Office agrees to provide a School Resource Deputy to the following schools within the North Mason School District: 9 High School ➢ Alternative School ➢ Middle School ➢ Elementary Schools The Mason County Sheriff's Office, in conjunction with the superintendent of the North Mason School District(and any other school personnel determined by the superintendent) will determine which Mason County Sheriff Deputy will assume the role of the school resource deputy(referred to as SRO). E It is the responsibility of the school resource deputy to notify the superintendent and the school principals of his or her work schedule each month. School resource deputy shall remain an employee of the Mason County Sheriff's Office and shall not be an employee of the North Mason School District. The District will provide salary compensation to the Sheriff's Office in the amount of up to$80,000.00 per calendar year. Due to the July start of this agreement in 2018 the first year will only reach the amount of$40,000.00(July-December 2018).The terms of the contract will be negotiated each January for that calendar year. All other expenses will be borne by the Mason County Sheriffs Office. The Sheriffs Office will be responsible for compensating the SRO in accordance with the current Collective Bargaining Agreements. The North Mason School District acknowledges that the SRO will remain responsive to the supervision of the Mason County Sheriffs Office but his/her primary duty will be to work at the schools from September through June. Page 1 of 4 3 Hours and Special Events The chief or another designated scheduling supervisor will assign the school resource deputy workdays and shifts. During this shift/hours,the school resource deputy may be off campus to conduct such tasks as may be required by their assignment, or other assignments designated by supervisors of the Mason County Sheriff's Office. In the event the SRO is unavailable for more than five days, another deputy will be assigned until the Sheriff's Office and the School District have the opportunity to come to a mutually agreed upon replacement. Duties of the School Resource Officer ➢ Assist the school board, superintendent, principals, faculty, and staff in developing plans and strategies to prevent and/or minimize dangerous situations that may occur on school grounds ➢ Present topics to students on various law enforcement/safety issues ➢ Contact the principal of the school about any juvenile delinquency,incidents,charges,and arrests within a timely manner ➢ Take law enforcement action when necessary ➢ Conduct investigations of crimes that occur at any school and use other resources if needed for follow up investigations ➢ Follow RCW 28A as it pertains to enforcement, case law, school board policy, and the Mason County Sheriff's Office policy and procedures in regards to investigations, interviews and searches relating to juveniles ➢ Assist the superintendent, principals,faculty,and staff in enforcing criminal and civil laws in order to maintain a safe learning environment Rights and Duties of the School Board The school board shall provide to the full time SRO the following materials and facilities, which are deemed necessary to the performance of the SRO. ➢ Access to an air-conditioned and properly lighted private office containing a telephone line to be used for general business purposes. ➢ A desk with drawers, a chair and filing drawers ➢ Access to a computer terminal or computer hookup Mason County Sheriffs Office will supply the SRO with the usual and customary office supplies and forms required in performance of their duty. Mason County Sherriff's Office will supply a vehicle and related expenses. Dismissal of a School Resource Officer In the event a principal of a school to which the school resource deputy is assigned feels that he/she is not effectively performing his or her duties and responsibilities, the principal shall contact the superintendent. Within a reasonable amount of time after the superintendent receives the information, the superintendent shall notify the Sheriff's office. A meeting shall be conducted with the school resource deputy to mediate or resolve any problem.The Sheriffs office may reassign a school resource deputy based upon the Mason County Sheriff's Office's and North Mason School District's policy, procedures, core values or code of ethics. Mason County Sheriff's Office and the North Mason School District agree to provide their employees with training relative to this agreement and its purpose. The parties also agree to maintain regular (quarterly) and open communication to evaluate the effectiveness of this agreement and suggest improvements and adjustments that may be necessary. This agreement constitutes a final written expression of all terms of this agreement and is a complete and exclusive statement of those terms. IN WITNESS WHEREOF,the parties have caused this agreement to be signed by their duly authorized officers. Signed, sealed,and delivered in the presence of: Page 2 of 4 THE NORTH MASON SCHOOL BOARD Superintendent North Mason School District Board Of County Commissioners t Sheriff Ma Sh Office Mason County Prosecutor V. INDEMNIFICATION Any and all claims which hereafter arise on the part of any and all persons as a direct or indirect result of the Consultant's or its employee's (') or agent's (') performance or failure to perform duties pursuant to this agreement, shall be the Consultant's sole obligation and the Consultant shall indemnify and hold harmless the Superintendent in full for any and all such acts or failures to act on the part of the Consultant or its employee(s)or agent(s). VI. TERMINATION This agreement may be terminated by the District or any designee thereof, at any time, with or without reason, upon written notification thereof to the Sherriff's Office.The notice shall specify the date of termination and shall be conclusively deemed to have been delivered to and received by the Sherriff's Office as of midnight of the second day following the date of its posting in the United States mail --addressed as first noted herein in the absence of proof of actual delivery to and receipt by the Sherriff's Office by mail or other means at an earlier date and/or time. In the event of termination by the District, the Sherriff's Office shall be entitled to an equitable proration of the total compensation provided for herein for uncompensated services which have been performed as of termination and to the reimbursement of expenses incurred as of termination by solely to the extent such expenses are reimbursable pursuant to the provisions of this Agreement. VII. VERBAL AGREEMENT This written Agreement constitutes the mutual agreement of the Sherriff's Office and the District in whole. No alteration or variation of the terms of this Agreement and no oral understandings or agreements not incorporated herein, unless made in writing between the parties hereto, shall be binding. VIII. APPLICABLE LAW This Agreement shall be governed by the laws of the State of Washington. IX. NON-DISCRIMINATION No person shall, on(tie ground of race,creed,color, national origin, or sex, be excluded from participation in, be denied the benefits or, or be otherwise subjected to discrimination render any activity performed pursuant to this Agreement. The North Mason School District complies with all state and federal rules and regulations and does not discriminate on the basis of race, color, national origin, sex or handicap. This holds true for all district employment and opportunities. Inquiries regarding compliance and/or grievance procedures may be directed to the school district's Title IX/RCW28A.640 Officer, Mark Swofford, 200 E Campus Drive, Belfair, WA 98528(360)275-2165, or Section 504/ADA Coordinator Thom Woriund, Page 3 of 4 � t ti XL EFFECTIVE DATE-DURATION This Agreement shall commence on July 1, 2018 and terminate on December 31, 2018 with the sole exception of Section V(Indemnification)which shall continue to bind the parties, their heirs and successors. i IN WITNESS THEREOF, the District and the Consultant have executed this Agreement consisting of four pages. CONSULTANT NORTH MASON SCHOOL DISTRICT NO. 403 i Consultant Signature Authorized by s Signed this day of , 2018. (Business License#) [j Who certifies that he/she is the person duly qualified and authorized to bind the Consultant so identified to the foregoing Agreement and under penalty of perjury, certifies the Social Security Number or Federal Identification Number provided is correct. g j Signed this day of 2018. DISTRICT USE ONLY APPROVED FOR PAYMENT: $ t Authorized signature Date Account Code Vendor# PURCHASE ORDER NUMBER 5 P Page 4 of 4 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Sharon Fogo DEPARTMENT: Clerk's Office EXT: 344 BRIEFING DATE: June 4, 2018 (Telephonic at 11:45) PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEM: Re-instate a position that was cut in June of 2017 and one half time position that was cut in 2006. The Clerk's Office is currently at the level of staffing from 2001. We currently have 9.5 plus the elected position. In 2004 Superior Court had 2.5 Judicial Officers. There are now 3.7 Judicial Officers. In 2004 we had 17 people working in the Clerk's Office, five of which were extra help or part time employees. Our staffing is well below that of other counties with the similar number of Judicial Officers. JUDGE TO CLERK RATIO County Name Judicial Officers Number of Clerks Chelan County 4 19 Grant County 3.7 15 Mason County 3.7 1 10.5 Regularly there are four courts in session, meaning there are four clerks out of the office. This often leaves us with one to two people in the office, or less if others are on leave, out ill, or in training. We simply need more people to do the work while court is in session. COURT DOCKET SESSIONS PER WEEK 2010 Nine Plus unscheduled hearings and Ju trials 2018 Twenty-five Plus unscheduled hearings and Jury trials NUMBER OF DOCUMENTS IMAGED Date Ran a Documents Imaged Pages Imaged Jan 1 2010 to Dec 31 2010 73 235 225 903 Jan 2 2016 to Dec 31 2016 85,876 264,366 I need at least one additional full time person in our office, but it would help so much to have 1 FTE plus an additional .5 FTE. We cannot get all the work accomplished within the 40 hour prescribed work week. We currently have a total vacation accrual of Briefing Summary 5/29/2018 2,051 hours and 625.22 hours of compensatory time owing to nine employees. There are individuals in my office who have maxed out both their vacation and compensatory time. We have the highest dependency filing in the state per capita and the volume of paperwork for each one is extraordinary. In addition to the duties we currently have, I have the supervision of security. This adds another level of stress by dealing with complaints and issues unrelated to my regular duties. Since 2014 our office has assumed all of the duties of providing jurors for Municipal, District and Superior courts. In the past, each court had their own jury manager who handled those duties. When the new jury system was purchased in 2013, the courts agreed to consolidate jury management, and the workload to summons jurors was to be shared by Clerk's Office and District Court staff. However, District Court gave up their portion of duties a few years ago when they lost several employees and my office has taken on all the responsibilities for all courts since that time. We issue 1,870 summons per month and have to do the data entry on all those summons. EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): The best resolution for our office is to restore the position lost in 2017. $30,000.00 will cover wages and benefits for the remainder of 2018. and one half time position for $15,000.00 that would give me the ability for our office to reduce the number of people working over 8 hours a day and have some projects done that we currently do not have time for. BUDGET IMPACTS: $45,000 for one full time employee and one half time employee. $30,000 if only one full time employee is allowed or $15,000 if only one half time employee is granted. This number does include benefits. Increase double that amount for 2019 and beyond. RECOMMENDED OR REQUESTED ACTION: Restore one full time position that was lost in 2017 budget cuts and restore a .5 position lost in 2006 budget cuts. ATTACHMENTS: Briefing Summary 5/29/2018 PUBLIC WORKS MONDAY JUNE 4,2018— BRIEFING ITEMS FROM PUBLIC WORKS (For Commissioners Meeting June 12,2018) Items for this meeting are due to Diane Zoren on Wednesday,June 6, 201$ 4.0 CORRESPONDENCE AND ORGANIZATIONAL BUSINESS • Bid Award Announcement: CRP 1970 Shelton Matlock Brady,widening and improvement project,MP 26.37 to MP 27.60. 8.0 APPROVAL OF ACTION ITEM • 2017-2018 On-call Geotechnical Service—Increase Contract Amount • Amend 2018 Bridge Resolution 01-18—Removing Rossmaier Bridge • Bond Resolution for Beards Cove Water Meter Project USDA Funding • CRP 2015 Shelton Valley Road, culvert replacement projects. • Set Hearing—Riverhill Homeowners Franchise Agreement • County Engineer to sign Wetland Delineation Services Consultant Agreement - • Extend SWAC membership of Delroy Cox through end of October 2018 9.0 OTHER BUSINESS (None) 10.0 PUBLIC HEARINGS AND ITEMS SET FOR A CERTAIN TIME (None) DISCUSSION ITEMS: • Recruitment for Engineering Tech • Recycling Material Values • County Curbside Recycling Code Attendees: Commissioners: Public Works: Other Dept.: Press: Public: _Randy Neatherlin _Jerry Hauth List below: List below List Below: _Kevin Shutty John Huestis _Terri Drexler Bart Stepp Others-List below: MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: John Huestis, PE, Deputy Director/ County Engineer DEPARTMENT: Public Works EXT: 450 BRIEFING DATE: June 4, 2018 PREVIOUS BRIEFING DATES: May 7, 2012 (If this is a follow-up briefing, please provide only new information,) ITEM: Contract Award: CRP 1970, Shelton Matlock Brady Road Background: On May 22, 2012, County Commissioners authorized the County Engineer to advertise, set bid opening date/time, and award the contract for County Road Project 1970 on the Shelton Matlock Brady Road. The project provides widening and improvement that includes rehabilitation, resurfacing and restoring from milepost 26.3 to milepost 27.6. Date and time of opening was Friday, May 25, 2018 at 9:00am. Two (2) Bids were received and opened at the office of the Mason County Commissioners. The contract has been awarded to the apparent low bidder, Rognlin's, Inc. out of Aberdeen, WA at their bid price of $1,900,000.00. Recommended Action: No action required. Attachment: Bid Tabulation ROAD:Matlock Bradt/ BID TABULATION SHEET Page 1 of 1 BID OPENING: May 25,201 CRP 1970 ROGNUN'S,INC ACTIVE CONSTRUCTION,INC P O BOX 307 P 0 BOX 430 ABERDEEN WA 98520 PUYALLUP WA 98371 BIDDER NO: 1 BIDDER NO: 2 ENGINEER'S ESTIMATE BOND/ADD? YES BOND/ADD? YES ITEM ITEM PLANNED UNIT ESTIMATE UNIT ESTIMATE UNIT ESTIMATE NO. DESCRIPTION UNIT QUANTITY PRICE TOTAL PRICE TOTAL PRICE TOTAL 1 MOBILIZATION LS 1.00 $ 170,183.85 $ 170,183.85 $ 175,000.00 $ 175,000.00 $ 266,861.90 $ 266,861.90 2 CLEARING AND GRUBBING Ls 1.00 $ 65,800.00 $ 65,800.00 $ 100,000.00 $ 100,000.00 $ 150,000.00 $ 150,000.00 3 REMOVAL OF STRUCTURES AND LS 1.00 $ 20,000.00 $ 20,000.00 $ 10,000.00 $ 10,000.00 $ 25,000.00 $ 25,000.00 OBSTRUCTIONS 4 REMOVING BITUMINOUS PAVEMENT SY 15,510.00 $ 2.50 $ 38,775.00 $ 2.00 $ 31,020.00 $ 3.25 $ 50,407.50 5 ROADWAY EXCAVATION CY 10,310.00 $ 10.00 $ 103,100.00 $ 12.50 $ 128,875.00 $ 14.00 $ 144,340.00 INCL HAUL 6 EMBANKMENT COMPACTION CY 7,335.00 $ 6.00 $ 44,010.00 $ 5.50 $ 40,342.50 $ 3.00 $ 22,005.00 7 DITCH EXCAVATION INCL HAUL CY 30.00 $ 30.00 $ 900.00 $ 30.00 $ 900.00 $ 125.00 $ 3,750.00 8 QUARRY SPALLS TON 70.00 $ 50.00 $ 3,500.00 $ 70.00 $ 4,900.00 $ 100.00 $ 7,000.00 9 SCHEDULE A CULV.PIPE LF 636.00 $ 30.00 $ 19,080.00 $ 35.00 $ 22,260.00 $ 23.00 $ 14,628.00 21N.DIAM r1312 H CRUSHED SURFACING BASE COURSE TON 15,790.00 $ 22.00 $ 347,380.00 $ 22.00 $ 347,380.00 $ 21.00 $ 331,590.00 CRUSHED SURFACINGTOP COURSE TON 5,670.00 $ 24.00 $ 136,080.00 $ 28.00 $ 158,760.00 $ 25.00 $ 141,750.00 MA CL 1/21N.PG 64-22 TON 5,640.00 $ 90.00 $ 507,600.00 $ 100.00 $ 564,000.00 $ 98.00 $ 552,720.00 HMA FOR APPROACH TON 178.00 $ 180.00 $ 32,040.00 $ 200.00 $ 35,600.00 $ 290.00 $ 51,620.00 CL 1/2 IN.PG 64-22 14 ESC LEAD DAY 14.00 $ 200.00 $ 2,800.00 $ 100.00 $ 1,400.00 $ 10.00 $ 140.00 15 SILT FENCE LF 6,000.00 $ 6.00 $ 36,000.00 $ 4.50 $ 27,000.00 $ 4.25 $ 25,500.00 16 WATTLE LF 80.00 $ 16.00 $ 1,280.00 $ 10.00 $ 800.00 $ 8.52 $ 681.60 17 EROSION/WATER POLLUTION EST 1.00 $ 15,000.00 $ 15,000.00 $ 15,000.00 $ 15,000.00 $ 15,000.00 $ 15,000.00 CONTROL 18 SEEDING,FERTILIZING AND LS 1.00 $ 23,750.00 $ 23,750.00 $ 12,000.00 $ 12,000.00 $ 5,000.00 $ 5,000.00 MULCHING 19 TOPSOILTYPEA ACRE 0.14 $ 51,400.00 $ 7,196.00 $ 40,000.00 $ 5,600.00 $ 60,000.00 $ 8,400.00 20 PAINT LINE LF 18,750.00 $ 0.35 $ 6,562.50 $ 0.70 $ 13,125.00 $ 0.50 $ 9,375.00 21 PLASTIC STOP LINE LF 55.00 $ 40.00 $ 2,200.00 $ 30.00 $ 1,650.00 $ 30.00 $ 1,650.00 22 RECESSED PAVEMENT MARKER HUND 1.10 $ 2,000.00 $ 2,200.00 $ 9,000.00 $ 9,900.00 $ 1,000.00 $ 1,100.00 23 TEMPORARY PAVEMENT MARKING- LF 12,500.00 $ 0.25 $ 3,125.00 5 0.10 $ 1,250.00 $ 0.30 $ 3,750.00 SHORT DURATION 24 PORTABLE CHANGEABLE MESSAGE HR 7,344.00 $ 3.00 $ 22,032.00 $ 2.00 $ 14,688.00 $ 2.25 $ 16,524.00 SIGN 25 PROJECT TEMPORARY TRAFFIC IS 1.00- $ 150,000.00 $ 150,000.00 $ 80,000.00 $ 80,000.00 $ 175,000.00 $ 175,000.00 CONTROL 26 TRAFFIC CONTROL SUPERVISOR LS 1.00 $60,000.00 $60,ODO.00 $ 45,000.00 $ 45,000.00 $ 45,000.00 $ 45,000.00 27 CONSTRUCTION SIGNS SF 192.00 $ 20.00 $ 3,840.00 $ 25.00 $ 4,800.00 $ 27.50 $ 5,280.00 CLASS A 28 LICENSED SURVEYING EST". 1.00 $ 30,000.00 $ 30,000.00 $ 30,000.00 $ 30,000.00 $ 30,000.00 $ 30,000.00 29 WIRE FENCE TYPE-2 LF 142.00 $ 14.00 $ 1,988.00 $ 25.00 $ 3,550.00 $ 25.00 $ 3,550.00 (S-WIRE) 30 ROADSIDE CLEANUP " EST -- 1.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 1Q000.00 $ 10,000.00 $ 10,000.00 31 SPCC PLAN LS 1.00 $ 1,000.00 $ 1,000.00 $ 1,199.50 $ 1,199.50 $ 100.00 $ 100.00 32 MAILBOX SUPPORT TYPE I EACH 6.00 $ 500.00 $ 3,000.00 $ 400.00 $ 2,400.00 $ 600.00 $ 3,600.00 33 MAILBOX SUPPORT TYPE 2 EACH 2.00 $ 800.00 $ 1,600.00 $ 800.00 $ 1,600.00 $ 900.00 $ 1,800.00 TOTALS $ 1,872,022.35 $ 1,900,000.00 $ 2,123,123.00 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: John Huestis, PE, Deputy Director/County Engineer DEPARTMENT: Public Works EXT: 450 BRIEFING DATE: June 4, 2018 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, pkase provide only new information. ITEM: 2017 — 2018 Geotechnical Services — Increase Contract Amount EXECUTIVE SUMMARY: The Board previously authorized Public Works to enter into a contract for 2017 — 2018 on-call geotechnical services in an amount not to exceed $200,000. Public Works selected Landau after interviewing firms from the MRSC roster. Approximately $47,600 has been billed to date leaving an available contract balance of $152,400. Public Works anticipates the following geotechnical service needs between now and December 31, 2018 which will exceed the $200,000 contract cap: Project Expenditure Revenue Grant Road Fund Culvert Replacements (3 sites) $ 50,000.00 $ 50,000.00 Skokomish General Investigation $ 225,000.00 $ 225,000.00 Unanticipated Slide/Other $ 25,000.00 $ 25,000.00 $ 300,000.00 $ 275,000.00 1 $ 25,000.00 BUDGET IMPACTS: Public Works anticipated and budgeted for most of the geotechnical needs identified above, but underestimated the Skokomish work due to schedule uncertainties. There is adequate budget authority in the Road Fund for the proposed work. However, a budget amendment for Fund 192 (Skokomish Flood Control Zone Fund) is recommended to account for additional grant revenue and design expenditures for the Skokomish Ecosystem Restoration General Investigation. RECOMMENDED ACTION: Recommend the Board authorize Public Works to increase the contract with Landau Associates to an amount not to exceed $350,000. Recommend proceeding with a budget hearing to increase budget appropriations for the Skokomish Flood Control Zone, Fund 192. Briefing Summary MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: John Huestis, PE, Deputy Director/County Engineer DEPARTMENT: Public Works EXT: 450 BRIEFING DATE: June 4, 2018 PREVIOUS BRIEFING DATES: (If this is a follow-up briefing,p/ease provide only new information,) ITEM: Revising 2018 Bridge Limit Resolution EXECUTIVE SUMMARY: On January 9, 2018, the Board of County Commissioners approved the 2018 Bridge Limit Resolution (Resolution 01-18), placing weight load limits on three (3) Mason County bridges that could not be certified for all legal highway loads, and five (5) bridges posted as one lane travel bridges. Included in the list of bridges posted for restricted loads was Rossmaier Bridge on Deckerville Road. This bridge was recently reevaluated and it was determined that the bridge can be removed from the list of bridges with posted maximum load limits, as it can carry legal highway loads. The revised resolution is attached. RECOMMENDED OR REQUESTED ACTION: Recommend the Board approve the revised resolution, removing Rossmaier from the list of Mason County Bridges that have established load/lane limits. Attachment: Resolution 01-18 Revised Resolution Briefing Summary RESOLUTION NO.Q --18 BRIDGE LIMITS i WIIEREAS,RCW 36.75.270 gives the Board of Mason County Commissioners the authority by resolution 1 to limit or prohibit classes or types of vehicles on any county bridge and may limit the weight of vehicles which may travel thereon. WHEREAS,In compliance with the requirements of the Federal Highway Administration's National Bridge Inspection Standards(NBIS)for specialized haul vehicle regulations,updated bridge load rating have been compacted as required,and WHEREAS,load ratings have determined that three(3)of Mason County's sixty-four(64)bridges shall be posted with a maximum load limits,and WHEREAS,five(5)of Mason County's Sixty-four(64)bridges shall continue to be posted as one lane. NOW,THEREFORE,BE IT RESOLVED,that these restrictions be posted,as listed below,for the 2018 calendar year,unless the Board shall modify or remove such restrictions based upon the recommendation of the County Engineer. Flax No.of Maximum rid eNo. BrideeNamc Load Limit Lanes SocedLimit 008000059 Rossmaier Bridge Type Limit 2 ----- W Deckerville Rd 3 21 Tons 3S2 33 Tons 3-3 41 Tons SU4 19 Tons SUS 20'rons SU6 21 Tons SU7 21 Tons 645000015 Stretch Island Bridge Tyne Limit 2 -- E Eckert Rd SU4 23 Tons SU5 24 Tons SU6 25 Tons SU7 28 Tons 901002328 Evers Bridge Tf e Limit 2 Matlock Brady Rd SU5 29 Tons SU6 30 Tons SU7 32 Tons 102900035 Hliboki Bridge -- I ----- Bulb Farm Rd. 105100023 Gosnel Creek Bridge -- I ---- Bolling Road 11070001S Eich Road(1)Bridge — 1 — Eich Road t 110700026 Eich Bridge 1 Eich Road 016500405 Carlson Bridge — 1 — Beeville Road NOW,THEREFORE,BE IT FURTHER RESOLVED,that the County Engineer shall post the said bridges as set forth herein. Violation of these limits shall constitute a misdemeanor in accordance with RCW 36.75.2770, 4 DATED utis 1day of �( V 2018. BOARD OF COUNTY COFiFIISSIQNERS MASON COUNTY,NVASIH(NrTON � R tAN�DY NEA Ch it s �T ' *APPRTO D 7 Vic ChavClq` of the Board FOCCRAI: ,Commissioner TIIyl�,Ch DPA M: Public Worts sheriff Prosecutor Pubtd I Timc 1/18ffl-(Bi11:Dfason County Dept-ofPubliewort) RESOLUTION NO. -18 A RESOLUTION AMENDING RESOLUTION 01-18 BRIDGE LIMITS WHEREAS,RCW 36.75.270 gives the Board of Mason County Commissioners the authority by resolution to limit or prohibit classes or types of vehicles on any county bridge and may limit the weight of vehicles which may travel thereon. WHEREAS,updated load ratings have determined that one(1)of Mason County's sixty-four(64)bridges can be removed from the list of posted bridges with maximum load limits;and WHEREAS,two(2)of Mason County's sixty-four(64)bridges shall continue to be posted with maximum load limits,along with five(5)as one lane travel bridges. NOW,THEREFORE,BE IT RESOLVED,that these restrictions be posted,as listed below,for the 2018 calendar year,unless the Board shall modify or remove such restrictions based upon the recommendation of the County Engineer. Max No.of Maximum Bridge No. Bridge Name Load Limit Lanes Speed Limit 645000015 Stretch Island Bridge Type Limit 2 ----- E Eckert Rd SU4 23 Tons SU5 24 Tons SU6 25 Tons SU7 28 Tons 901002328 Evers Bridge Tye Limit 2 ----- Matlock Brady Rd SU5 29 Tons SU6 30 Tons SU7 32 Tons 102900035 Hliboki Bridge --- 1 Bulb Faun Rd. 105100023 Gosnel Creek Bridge ----- 1 -- Bolling Road 110700015 Eich Road(1)Bridge — 1 ---- Eich Road 110700026 Eich Bridge ----- 1 -- Eich Road 016500405 Carlson Bridge ----- I — Beeville Road NOW,THEREFORE,BE I f FURTHER RESOLVED,that the County Engineer shall post the said bridges as set forth herein. Violation of these limits shall constitute a misdemeanor in accordance with RCW 36.75.270. DATED this_day of 2018. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON RANDY NEATI1ERLiN,Chair ATTEST: TERRI DREXLER,Vice Chau MELISSA DREWRY, Clerk of the Board APPROVED AS TO FORM: KEVIN SHUTTY,Commissioner TIM WHITEHEAD, Ch.Deputy Prosecuting Attorney cc: Public Works Sheriff Prosecutor Publ.:1 Time: 6/21/18 (Bill: Mason County Dept.of Public Works) MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Bart Stepp, Deputy Director/ Utilities and Waste Management DEPARTMENT: Public Works EXT: 652 BRIEFING DATE: June 4, 2018 PREVIOUS BRIEFING DATE: March 13, 2017 ITEM: Bond Resolution for Beards Cove Water Meter Project USDA Funding EXECUTIVE SUMMARY: Previously the Board approved submitting an application to USDA for funding of a project that would install an Automatic Meter Reading (AMR) system and water service meters at the Beards Cove and Rustlewood Water Systems. The Beards Cove water system was approved for a loan but the Rustlewood system was not. In order to secure the loan funding for Beards Cove a bond is needed. Attached is the bond resolution from USDA that is required to be approved and signed. Approval of this resolution will allow the County to proceed with the project. Cost Impact to the County: The total project cost for both water systems is estimated at $434,000. The loan from USDA will cover $166,000 or roughly half the cost of the Beards Cove portion. The remaining Beards Cove portion will be paid for by the Beards Cove Reserve Fund (#429). The Rustlewood portion of the project will be paid for by REET 2 funds. These costs were included in the 2018 budget for both systems. RECOMMENDED OR REQUESTED ACTION: Recommend the Board approve the USDA Loan Resolution form 1780-27 for the Beards Cove Water Meter Project. Attachment: Loan Resolution Briefing Summary Position 5 RUS BULLETIN 1780-27 APPROVED OMB.No.0572-0121 LOAN RESOLUTION (Public Bodies) A RESOLUTION OF THE Board of County Commissioners OF THE Mason County, Washington AUTHORIZING AND PROVIDING FOR THE INCURRENCE OF INDEBTEDNESS FOR THE PURPOSE OF PROVIDING A PORTION OF THE COST OF ACQUIRING, CONSTRUCTING,ENLARGING,Rv2ROVING,AND/OR EXTENDING ITS Beards Cove Water System FACILITY TO SERVE AN AREA LAWFULLY WITHIN ITS JURISDICTION TO SERVE. WHEREAS,it is necessary forth, Mason County, Washington (Public Body) (herein after called Association)to raise a portion of the cost of such undertaking by issuance of its bonds in the principal amount of One Hundred Sixty-Six Thousand & 00/100 pursuant to the provisions of RCW 39.46.070 ;and WHEREAS,the Association intends to obtain assistance from the United States Department of Agriculture, (herein called the Government)acting under the provisions of the Consolidated Farm and Rural Development Act(7 U.S.C. 1921 et seq.)in the planning.financing,and supervision of such undertaking and the purchasing of bonds lawfully issued,in the event that no other acceptable purchaser for such bonds is found by the Association: NOW THEREFORE,in consideration of the premises the Association hereby resolves: 1. To have prepared on its behalf and to adopt an ordinance or resolution for the issuance of its bonds containing such items and in such forms as are required by State statutes and as are agreeable and acceptable to the Government. 2. To refinance the unpaid balance,in whole or in part,of its bonds upon the request of the Government if at any time it shall appear to the Government that the Association is able to refinance its bonds by obtaining a loan for such purposes from responsible cooperative or private sources at reasonable rates and terms for loans for similar purposes and periods of time as required by section 333(c)of said Consolidated Farm and Rural Development Act(7 U.S.C.1983(c)). 3. To provide for,execute,and comply with Form RD 400-4,"Assurance Agreement,"and Form RD 400-1,"Equal Opportunity Agreement,"including an"Equal Opportunity Clause,"which clause is to be incorporated in,or attached as a rider to,each construction contract and subcontract involving in excess of$10,000. 4. To indemnify the Government for any payments made or losses suffered by the Govemment on behalf of the Association. Such indemnification shall be payable from the same source of funds pledged to pay the bonds or any other legal ly per- missible source. 5. That upon default in the payments of any principal and accrued interest on the bonds or in the performance of any covenant or agreement contained herein or in the instruments incident to making or insuring the loan,the Government at its option may(a)declare the entire principal amount then outstanding and accrued interest immediately due and payable,(b)for the account of the Association(payable from the source of funds pledged to pay the bonds or any other legally permissible source),incur and pay reasonable expenses for repair,maintenance,and operation of the facility and such other reasonable expenses as may be necessary to cure the cause of default,and/or(c)take possession of the facility,repair,maintain,and operate or rent it.Default under the provisions of this resolution or any instrument incident to the making or insuring of the loan may be construed by the Government to constitute default under any other instrument held by the Government and executed or assumed by the Association,and default under any such instrument may be construed by the Government to constitute default hereunder. 6. Not to sell,transfer,lease,or otherwise encumber the facility or any portion thereof,or interest therein,or permit others to do so,without the prior written consent of the Government. 7. Not to defease the bonds,or to borrow money,enter into any contractor agreement,or otherwise incur any liabilities for any purpose in connection with the facility(exclusive of normal maintenance)without the prior written consent of the Govemment if such undertaking would involve the source of funds pledged to pay the bonds. 8. To place the proceeds of the bonds on deposit in an account and in a manner approved by the Government.Funds may be deposited in institutions insured by the State or Federal Government or invested in readily marketable securities backed by the full faith and credit of the United States.Any income from these accounts will be considered as revenues of the system. 9. To comply with all applicable State and Federal laws and regulations and to continually operate and maintain the facility in good condition. 10. To provide for the receipt of adequate revenues to meet the requirements of debt service,operation and maintenance,and the establishment of adequate reserves.Revenue accumulated over and above that needed to pay operating and mainte- nance,debt service and reserves may only be retained or used to make prepayments on the loan.Revenue cannot be used to pay any expenses which are not directly incurred for the facility financed by USDA.No free service or use of the facility will be permitted. According to the Paperwork Reduction Act of 1995,an agency may not conduct or sponsor,and a person is not required to respond to,a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0572-0121. The time required to complete this information collection is estimated to average I hourper response,including the time for reviewing instructions,searching existing data sources,gathering and maintaining the data needed and completing and reviewing the collection of information -2- 11. To acquire and maintain such insurance and fidelity bond coverage as may be required by the Government. 12. To establish and maintain such books and records relating to the operation of the facility and its financial affairs and to provide for required audit thereof as required by the Government,to provide the Government a copy of each such audit without its request,and to forward to the Government such additional information and reports as it may from time to time require. 13. To provide the Government at all reasonable times access to all books and records relating to the facility and access to the property of the system so that the Government may ascertain that the Association is complying with the provisions hereof and of the instruments incident to the making or insuring of the loan. 14. That if the Government requires that a reserve account be established,disbursements from that account(s)may be used when necessary for payments due on the bond if sufficient fiords are not otherwise available and prior approval of the Government is obtained. Also,with the prior written approval of the Government,funds may be withdrawn and used for such things as emergency maintenance,extensions to facilities and replacement of short lived assets. 15. To provide adequate service to all persons within the service area who can feasibly and legally be served and to obtain USDA's concurrence prior to refusing new or adequate services to such persons.Upon failure to provide services which are feasible and legal,such person shall have a direct right of action against the Association or public body. 16. To comply with the measures identified in the Government's environmental impact analysis for this facility for the pur- pose of avoiding or reducing the adverse environmental impacts of the facility's construction or operation. 17. To accept a grant in an amount not to exceed$ o under the terms offered by the Government;that the n/a and nla of the Association are hereby authorized and empowered to take all action necessary or appropriate in the execution of all written instruments as may be required in regard to or as evidence of such grant;and to operate the facility under the temps offered in said grant agreement(s). The provisions hereof and the provisions of all instruments incident to the making or the insuring of the loan,unless otherwise specifically provided by the terms of such instrument, shall be binding upon the Association as long as the bonds are held or insured by the Government or assignee.The provisions of sections 6 through 17 hereof may be provided for in more specific detail in the bond resolution or ordinance; to the extent that the provisions contained in such bond resolution or ordinance should be found to be inconsistent with the provisions hereof, these provisions shall be construed as controlling between the Association and the Goverment or assignee. The vote was: Yeas Nays Absent IN WITNESS WHEREOF,the Board of County Commissioners of the Mason County, Washington has duly adopted this resolution and caused it to be executed by the officers below in duplicate on this day of (SEAL) By Attest: Title Title Approve as to form: Title -3- CERTIFICATION TO BE EXECUTED AT LOAN CLOSING I,the undersigned,as of the Mason County, Washington hereby certify that the Board of County Commissioners of such Association is composed of members,of whom, constituting a quorum,were present at a meeting thereof duly called and held on the day of ;and that the foregoing resolution was adopted at such meeting by the vote shown above,I further certify that as of the date of closing of the loan from the United States Department of Agriculture,said resolution remains in effect and has not been rescinded or amended in any way. Dated,this day of Title MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: John Huestis, PE, Deputy Director/County Engineer DEPARTMENT: Public Works EXT: 450 BRIEFING DATE: June 4, 2018 PREVIOUS BRIEFING DATES: ITEM: County Road Project 2015 -Shelton Valley Road EXECUTIVE SUMMARY: County Road Project 2015 is culvert replacement project that involves the removal of an existing undersized culvert that is restricting flow under Shelton Valley Road. Replacement of this culvert will eliminate the fish barrier, gaining approximately 0.4 miles of Goldsborough Creek for habitat. Project information is as follows: CRP Road Name Road Number Approx. Milepost 2015 Shelton Valley Rd 05930 2.13 Public Works has received Recreation and Conservation Office (RCO) funding. The total estimated cost and RCO funding for this project as follows: Estimated Total Cost: $475,700 RCO funding: ($404,343) Estimated Road Funds: $71,357 RECOMMENDED OR REQUESTED ACTION: Recommend the Board approve the resolution for County Road Project 2015, Shelton Valley Road culvert replacement project, authorize the Chair to sign all pertinent documents and authorize the Public Works County Engineer to advertise, set bid dates/times and award contract. Also recommend the Board authorize John Huestis, PE, as the authorized representative named on the Recreation and Conservation Office Applicant Resolution/Authorization for the grant funding. Contract award will be announced during a regular meeting of the Board. Attachment(s): Resolution Project Vicinity Map Applicant Resolution/Authorization Briefmg Summary MASON COUNTY COMMISSIONERS RESOLUTION NO: COUNTY ROAD PROJECT NO. 2015 WHEREAS,on Mason County Road No.05930,known locally as the Shelton Valley Road and more specifically located in Sec. 27,T.20 N.R 4 W.WM.at approximately mile post 2.13;work defined as"construction'in the BARS Manual,Page H-63,et seq,is determined to be necessary and proper;and, THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS that it is their intention to: Replace existing undersized culvert with a single structure that gill carry flows under this critical roadway. SAID WORK is to be performed by Contract and/or County Forces in accordance with Washington State Standard Specifications for Road and Bridge Construction as adopted by Mason County. (RCW 36.77.060 and/or RCW 26.77.065) BE IT FURTHER RESOLVED that the described County Road Project is necessary and proper,and the estimated costs of said project are herewith set out as follows: Engineering: $ 50,700 Right of Way $ 20,000 Construction $405.000 The County Road project herein described in HEREBY DECLARED to be a public necessity,and the County Road Engineer is HEREBY ORDERED AND AUTHORIZED to report and proceed thereon as by law,provided and in accordance with RCW 36.77.070 et.seq. ADOPTED this day of 2018. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON Randy Neatherlin,Chair ATTEST: Terri Drexler,Vice Chair Melissa Drewry,Clerk of the Board Kevin Shutty,Commissioner APPROVED AS TO FORM: Tim Whitehead, Deputy Prosecuting Attorney cc: Co.Commissioners Engineer JOURNAL: Publ. It: CRP 2015 - W SHELTON VALLEY RD CULVERT REPLACEMENT Muncaster S ea Shelton Valley Rd MP 2.13 toN0Psvo \Wo WSHE1- - -- --- ------- i 1� Hall, i 1 �fON VALLEY RD t,n 5� MP 2.13 s� C-3 3 p 1 M .' '` •1 Nfa•.r• .X Sources:Esri, USGS, NOAA ; ♦ % ♦ �f tIY, ♦ r, Sknko�i ah f r % ♦ tndiIn ` ♦ Resery Itinn [/l/ �d ♦ ♦ OM1 n n., rid % w� Joh ♦ j.. ,pre rse ♦ S r •y � � Squ a,.in I.Iand Indian ~� firsrn•ati.,n 1 GOOSE PRAIRIE i tkl Vahpy Carstai X101 ; Praine Bu k PreiL rarne z ri Had,— Schenrder r' -- Prairie o ?pt• B ' 76FA..NE ' �. Mcaw N ` e L A c K H t c i SSources:Esri, WyE l ',8. CAN,Esri Japan 0 1.252.5 5 7.5 10 q rt. /; Culvert Replacement mTom, Mapmyln Miles s — mmunity, Source Recreation and Conservation Office Applicant Resolution/Authorization Organization Name (sponsor): Mason County Public Works Commissioners Resolution Number: CRP 2015 Shelton Valley Rd Culvert Replacement Project(s) Number(s), and Name(s): 16-675 RST, Coffee Creek Fish Passage This resolution/authorization authorizes the person identified below (in section 2)to act as the authorized representative/agent on behalf of our organization and to legally bind our organization with respect to the above Project(s)for which we seek grant funding assistance managed through the Recreation and Conservation Office(Office). WHEREAS, state grant assistance is requested by our organization to aid in financing the cost of the Project(s) referenced above; NOW, THEREFORE, BE IT RESOLVED that: 1. Our organization has applied for or intends to apply for funding assistance managed by the Office for the above"Project(s)." 2. John Huestis, PE, County Engineer, is authorized to act as a representative/agent for our organization with full authority to bind the organization regarding all matters related to the Project(s), including but not limited to, full authority to: (1) approve submittal of a grant application to the Office, (2) enter into a project agreement(s) on behalf of our organization, (3) sign any amendments thereto on behalf of our organization, (4) make any decisions and submissions required with respect to the Project(s), and (5) designate a project contact(s) to implement the day- to-day management of the grant(s). 3. Our organization has reviewed the sample project agreement on the Recreation and Conservation Office's WEBSITE at: http://www.rco.wa.ciov/d ocu me nts/ma n u a I s&fo rms/Sa m p I e Pro iAci reement.pdf. We understand and acknowledge that if offered a project agreement to sign in the future, it will contain an indemnification and legal venue stipulation (applicable to any sponsor) and a waiver of sovereign immunity(applicable to Tribes) and other terms and conditions substantially in the form contained in the sample project agreement and that such terms and conditions of any signed project agreement shall be legally binding on the sponsor if our representative/agent enters into a project agreement on our behalf. The Office reserves the right to revise the project agreement prior to execution and shall communicate any such revisions with the above authorized representative/agent before execution 4. Our organization acknowledges and warrants, after conferring with its legal counsel,that its authorized representative/agent has full legal authority to enter into a project agreement(s) on its behalf,that includes indemnification,waiver of sovereign immunity(as may apply to Tribes), and stipulated legal venue for lawsuits and other terms substantially in the form contained in the sample project agreement or as may be revised prior to execution. 5. Grant assistance is contingent on a signed project agreement. Entering into any project agreement with the Office is purely voluntary on our part. 6. Our organization understands that grant policies and requirements vary depending on the grant program applied to,the grant program and source of funding in the project agreement,the characteristics of the project, and the characteristics of our organization. 7. Our organization further understands that prior to our authorized representative/agent executing the project agreement(s), the RCO may make revisions to its sample project agreement and that such revisions could include the indemnification,the waiver of sovereign immunity, and the legal venue stipulation. Our organization accepts the legal obligation that we shall, prior to execution of the project agreement(s), confer with our authorized representative/agent as to any revisions to the project agreement from that of the sample project agreement. We also acknowledge and accept that if our authorized representative/agent executes the project agreement(s)with any such revisions, all terms and conditions of the executed project agreement (including but not limited to the indemnification,the waiver of sovereign immunity, and the legal venue stipulation) shall be conclusively deemed to be executed with our authorization. 8. Any grant assistance received will be used for only direct eligible and allowable costs that are reasonable and necessary to implement the project(s) referenced above. 9. Our organization acknowledges and warrants, after conferring with its legal counsel,that no additional legal authorization beyond this authorization is required to make the indemnification, the waiver of sovereign immunity (as may apply to Tribes), and the legal venue stipulation substantially in form shown on the sample project agreement or as may be revised prior to execution legally binding on our organization upon execution by our representative/agent. 10. Our organization acknowledges that if it receives grant funds managed by the Office, the Office will pay us on only a reimbursement basis.We understand reimbursement basis means that we will only request payment from the Office after we incur grant eligible and allowable costs and pay them. The Office may also determine an amount of retainage and hold that amount until the Project is complete. 11. Our organization acknowledges that any property owned by our organization that is developed, renovated, enhanced, or restored with grant assistance must be dedicated for the purpose of the grant in perpetuity unless otherwise allowed by grant program policy, or Office in writing and per the project agreement or an amendment thereto. 12. This resolution/authorization is deemed to be part of the formal grant application to the Office. 13. Our organization warrants and certifies, after conferring with its legal counsel,that this resolution/authorization was properly and lawfully adopted following the requirements of our organization and applicable laws and policies and that our organization has full legal authority to commit our organization to the warranties, certifications, promises and obligations set forth herein. This application authorization was adopted by our organization during the meeting held: Location: Mason County,WA Date: Signed and approved on behalf of the resolving body of the organization by the following authorized member(s): APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Prosecuting Attorney Date Chairperson Date Washington State Attorney General's Office Approved as to form — 1119/18 Assistant Attorney Genera! Date MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: John Huestis, PE, Deputy Director/County Engineer DEPARTMENT: Public Works EXT: 450 BRIEFING DATE: June 4, 2018 PREVIOUS BRIEFING DATES: (If this is a follow-up briefing, please provide only new information.) ITEM: Franchise Agreement Application — Set Hearing Background: Riverhill Home Owner Association (HOA) is applying for a Franchise Agreement granting permission to locate an existing water system within Riverhill Drive, Mahoney Drive, and Riverhill Lane county right-of-way. The Franchise Agreement is necessary to the HOA's plan to upgrade the existing water system throughout the plat of Riverhill Division 1 & 2. The application fee of $400 has been paid to process the Franchise Agreement Application. Recommended Action: Recommend the Board set a hearing for Tuesday, July 3, 2018 at 9:30 am to receive public comment and take action on the Franchise Agreement between Mason County and the Riverhill Home Owner Association granting permission to locate the existing water system within Riverhill Drive, Mahoney Drive and Riverhill Lane county right-of-way. Attachments: Franchise Agreement Vicinity Map Notice Briefing Summary I ;i L01i Stu zutw.iadd pui�a o.14:1 ip,sitCpg`gutua)dai.`$titiiBdar`�uitr»;juiBiti`$ui;��stYoq ' tits ;sura asgdms ate sts `<iFl,t#tgtt(XH Tsaq�zu ut.p� aapi�a�d qau ate Burt pa#sooj Mann 3asl !�pao�.aq#uot[trsalua o#-aaSigousf3 al az-uoq#nz:jWgS ant#aa a sauioaaq ,j aoub`gacgM ali =uou>3asigdttgt3.ai1 of s}u ,Cgatat iioseyo�tYaiio ate, atut ol::atxir#uio4 4f Pa ?.P:,°:i-ai. pa# itd ax`Po#�5d4`Na .Aai`paPu o=sauis aq rtBiA S SJ3'J. 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XOSVW NIGUVDO l SAYMMIH GRV SCIVO'd_AINnOO 2IEIiQlM QIV'DMO'IV`"aMO facilities;which tatit';sliall belimited Ya trie following.described-putpose(s):: A' Suoh,,grant:is subject to and must be exercised in strici accordance with andsubjeci to'6li t'iranchis-e;. TWO f2.Of the County Codon the Manual`and..alf applicaWoii-faws; rulbs;regulations.and: oittittanCes_ Ftatu hese 's exercise of.any tights granted pUrsuatYt.to the Cra�icliise is tvbject'to,filiie .exercise ofthe.County's puliee:powerg,and gthgrregalatory powers ash may have-or'ootnih;it3.fare futuk6. No i lits sbaWOass to the franchisee by implication:. This franchise:does,not include pcz sstclu tq eriter:intb or upon the road figWoPway fdt ab y purposes bt is an the putposes c.Msly described herein:'Pertraittee has a duty..tp.r60fy the.CoVv.y.ei aYiy thangc in use, er oondition.ofthe uii�lityfamlities fhat:may affect-tfio s tua pftheut ty facthties or tb,e ;»psotof it e 4. ty faciWaliod i the__road..iights-bf-*Ay. l;raitchisee:.sftall not'commence or perfoian vaoYk'(1iereaElef"Work'')td ins constructs maintain repair,r.place;adjp§f,connect, iliacgnriect;rebuild,Qrrelocate it titilit� fabil'itiu vvithi4i t e.roac rights of way without.first applying for,paying'all ss.'oelated,fees;land pbtaitd#t s utility iertpit as =quired.pursuant to Title'1=2 of.the Mason County Code In any utihtypermit so issued,the Couufy mayunpQaet as a condition aihe.Ontiiig the ilti] tX od.rin t,suA'Obnditxdns and:re0046M as may. be r ecessary:for the'lirotectipit;p eseryation.sni .rgetiagement of t'(ae road n hts-;Crura inc�u�iig, by way, of,example and n¢E li>3aitat�on for ttiq-purpose tl f.protecting anytClotureq in the:iv ad ffffits-df fty,Mairi'taining proper.distance from other utilities,ensuring the proper restoratIoa.-of tobb toaOxigW-bf way'and stbidtiites;4hd fdi'tlae:ptoteetiou.of the Cou'ntyiL id thepubli.o grid the Ctsntittu�`iyot'ped�s{�iaa and;vehi�etlar t,;a�'ip; luA:66hisee:shall first filet with the CountyEng7mer.its application for a utilitypermii to.,do pi ni Winrk togoiho `with.plaiis afii _speclficatiQiia:i�t:'ti phc'ate shoVving sta mnumum: A.Theposition,depthand1Qcafion:ofall;such:utilityfaciliiies_sbughjttc fSeebnstFurted;;lsid; igstalleii or ereated.at tl attimea showingrtheir.telative position to.e7aS{mg couni;crottds,rights of gy or,Oi4et Countypi:bperty tjltonplans drawfi to scale,tiei( inae;,e011ectivelyxefetiSeci to as the.`5iiap-of firiite;lQcatitidns B. ThE,010t�and tj d.Of',m.aterial'and equipment`to be, used, manner of excavation, btinst cCtlgp,installation;is tcxxll;erQctloo o£te poraryystractura,.dreetitin of ermanentistructures 040o cAAtrol;traffic turnouts aucf food gbstiu.4 As; C. The mitnaec im vv ich th6 utility facility is to be installed; IS. Measures.tpbe=ta}cento preserve safe'anta'f .fap.W.of;trs<f'fic; E. :S,tructural uteg#itjr'o€rhe roadyay;l;ridge,oi?other structure, 2 k 'SpeEifiCgtions for ttie.rgstoration of tfie cbwrly.mad,tfig t=of-a?Vay or:othet eouaypropertr in the�event:that the road right of way wili'bczlisturbedby the Work;,and ijr4i!ist6u fb"r;ease Of'fiilure toad zriajr►tenwieg_ant1.appe-0 ire.bftlie fgAdtvay.. PrnYision sheffbe.made for known.or planned expansion-of the utility facilities,pancculatlythose - located undergroniid:oiu attached to liridpsur.:othevstrtiotui'esw(thn the'road rtght ofwa�. Tile Yocatiort;alignment and depth of'the utility tk lities,shall conform with sant map.of definite location;except in instances in which deviation inay be.allowed theeeafter,iia-Whtiiig bq the Coudty. Bt%ineer pu'st got.tq ap Ub4on by Ftarichis..se� All! uch'Work shall be:subject to the approval of and:shall,pass the.inspection of the County Engineer:The Franchisee"sballpayall costs bfand;e'xpenses uxcuit.ed.m the and app�r-oVa'1,-of such Workon aecoii t ti giaaptin fide chid utility}tednits_. ; IV--'RESTORATION.OF ROAD RIGHT OF WAY i Til airy Wgtwhmthscde:todnght9;-6WaY six this:fraiiehiSe - i pultl j t t,privgte prUpetty,the Franefixsee shall at .ta,p"'expense and With sll po-.ierit complete the world to.repair and restore the Bounty road;right-of-way;.or the;public or private.: properly so disturbed dr damaod,.and'leavd.the carne in as:,gob$br:bttter eonditioti as before t}ie W9r)� ias cotriinenced,t.9 tliezeasouable satsfaction.n£the OountyFngiucez,The Fianc7ii$eeshall pay;e11.;uosis.Of attdeicpetp incugg in the t.x=tiatioir}; Ynspeetlon end apprbva[1 of such restoration or,repair-. The IC6utityComf4 s$ionersancvdrCoiiatyv". .eetulayatanl?:[jttietto,:o derQr'jia�+edOrie.e?iyslid: all wo*-that lley Cgn,Siderpecess. y to restore tQ:a safw;condtlion suc]t Gonrity rQadrrght Qf.pi+ay Qx other t✓puniy property lefftby the'Franchisee orits agents in a condition dangerous to life orproperty, aril flaeFiaiicbisee,'upon dertiabd, hall:pay to the CQunty all costs Qf?sacli woriS. V laltA ICI TSFs$VVQkK.Ii ] 0.1t OW SAY ratiCliisee expressly agrees8nti�iitdestattds w[th;regardf4 WojClc dY.(t'6in:tlteloadrig .s=of ways. A. All of Ffancbisee%,utility.facilities,and 1Norlc within the=iijacl iii Is-of-vray or other= tJOUproper[ sh'it be.iu tompli$ncae with ttte pro 1. iia of::Titie"1� 1VIl;G;:tlie IyMAitaat, { i. .y . adirnixistrative regulatit�iis xdoptey the CQunty fingfteer;tither Cpuuty-establrahed requirelYte>itr3 fp;.placement of utility facilities in road'iigltts-of'way;.including the specific location of utility: facilities.in the-roadrights-of-way,and all applicable laws,rules,:iregulations aild.ordinasices; is _ i B. In ptepariug plails_atld sp"ecif'ica gns.for Work ofµtility fgcjlities:;"a�rOlo' waygip Ftanchlsee shall use-*MAnual,Prior to commencement.of world in the madriglits-of way;, i 1 • i Ftanchisee shall submihsuchplans.anfl-specificalibns to ther.mason CQupty�ngineex for review and appxiivaLtogetheywith adequg e'dihihits dopic,m" $exfistiiig orproposed:lbdatioii ofthe.iitility-facility, :in retatioti.to the itQA lnolydi'rig tight-0f; kyJQz easeiudiit_lii e$ relationship to bunt""itl- prated road revisions,if apphcatile;and all locatigns aud:situxtions for whleh,dev�atrons.ux.depth Qfooer {i n c lWhig the-proposed-method.o£.proteatiori or other:locational.standards that are anticipated;; G. All Werk to gat Tily&eI)tiea,located.within-the road-rights'-of=way oX.otlxer countjr property subject to>this franchise shill,bo done.an such:n guapner.g.potto,iofgrfeie;:gnier than in v✓ays apFrilvtd•b3+the County,with the construction, operation.and mdintenance:of other.utilities; Ftrtilic-or ptiwe,drams,.drainage. incl e$.apit.sttitotures,.irrigation ditches aW structure§,WAted thgrexi#,nvahhe gadigorin oroadrsrylghts-gf=Way or othjei County property )d: 'i'!ie pWi'iers ati�:operators:of',all..utility.'iraeiltiea��uiilic�oz Fixvate),irista7let�:td the Franchise Area-or.otfi-erctlgnty.pippertXprior io time t_d the:iit4iityfaoilities of the V.anohi. shall have preference as to the alignment and'location of such utilities so:installed with respect-tq.the %arlchisee:.Suc]preferbnceshall.cobiniie.itttlia.eventofth6hecessityofrelbeatingor.changing.the grade pf any ounty ioad:afright-af WsY. E.: ' anchisee shall perform the;Worm and operate:its.utility.facilitias:in a xnagngr that: toW.- i zo§lbrfeeiae vothcrsthat maybe ae } utstallit4g ufrlity facilities;.and P. °rhe Couintymay.tequire thatl<ranchisee's utilityfacilities b-e installed ata particular time;. at.a spieeioplace,-or sn a-particuXarmattuer as a cdiidt"r4itof accesso apaculatrroadrighof=;rvaj m der] access if'a Frahchisee is nCt'W] frig tq cq rip j�wn{h the C91W s;L circ y I aY Y . bij trtents;gild#ria remove,:or require removal oft any,utility facrllty fhat is �litit.installed: 'oggaphance wttXt the. l tecjui enieuts estalilxshed bytlxe County,--or.-which is msfalledwiftut prior G.ounty approval Dftha 1 tigiq;Vlaee, br m'antre�of'Ingtallation:gnti charge the Francgeo.ior all.the Cost's.assaci'ated With: removal;-aqd may require]Franchisee to coopemte-With.otliergto;m nimize:adverse-`iii pacts w tlit road rights-of-wag through.joint.trenchi ng and p fir arrangemcn},s: G, The. CO may insect the utility facil#ti al* anx .time.:reasoiialile under the circumstances to ensure compliancewith-thrs f nc]uge and appkcable l4W i»a7uiirpgto ensure tliat the utility,thcilit"ies are constructed.and•maihtainefip a Sade cotrdihon;. air.unsa a condition.is. found to e4t%the Co SFr in additi&to taking any otheraction permittedunder applicable lawA may t rd6i the Frachisee,4m W iting, to t aatn,tl a necessaty ieieitS;anti,alfl iati'oiis specified theM-hi fortbvyitl► to'correct the unsafe.CanditiQtt ort A-' paid. Oig .shed by the,County vs�ltich;4.s reasonable in light of-the°unsafe condition., The Cpotylias the right to correct;ipspect,Adrtiinij tient arld-tapalr the ugsafe ettridrttoiriChe Eauabstt�failsto dti so;aridfo charge:thaFrandhisee therefor: ThOiiW;of the Cp-puty;to coAduot aucl inspcctitang raid Qrder ofma`ketepails shatl',riof lfe.cdastiiied; to creat€arr obligatio>}.tltetefote,.anas1 ch.obli4ation to Con.sextet'aricttuaiuta n3ts;uti'h"t+I c hides in: a safe condilion.shall it all times remain the_sole:obligation of thersarehisee; :4 .,When requiteii�bythe County,FYancbisee shill wake onnAtion_ayailable fo tlteliublio regarding anywork lnvniving the-ongo bz installation,construction;adjustment,relocatibn,iepaii or, mRateriance,of-its utility facilities; it cientto show{l),tba natiirc of the Wozk:being:perfotfii ):where it isbein ,`perfo txietl;,{ )its;estitttate�deorraOpt. `m.date..atid 47..pra_ ress:to ccsrhp.letitirt. 3.FRAPICIUSEEIS PLACED ON NOTICE THAT FIBEIZ.OPTIC,COMMUNICATIONS, 1'tR, Gt71*T'CROI ;SYST$IviS, ?T It TXI�ES OF CAEL)"Sr AI�7p`F�1PEI;TI�IES 1vIAY BE i BLIRYEIiE JU0H "(�F WAY; Defgtc begiiim at�y undergtpuud wor ;,:Fraric�liisce,wi11 cq.nUtep the appropriate personnel.to have such facilities'located and,make arrangements.as:to protective measures that:mustbe adhered to prio0bfhecoinnienceliieiit dlratiyVVdrl bVititirtthe ltoafl #4 in In addition to the:lial3iii teriits: lsetwhere.tit,Ws Agreemeztt;.Franc,y5ee 1ia11 iiYtletnni a> hold the Goun and rts ele4"red end.oppolAka o C rs; employees-all agents i hatmless against and from all cost,liability,and expense whatsoever including,without limitation, ( attorney°s.fees andnourtcosts aiid expeiises�:aristnlg ottt:o£or lh anyviiay:contr�bitted to bya�y act tir �. pbaigstbrl,Q ranoltisee,its coati ctor�ngelit3-agd/or.eriiplpyees,that cause ofm.atlywayOtdegree 1 cctttt#it�ute to �).)any damage. o or desttl}otrtsn-0 any 5u04-1p ligeg by rancliisee; andfor its coirfractori.agents-andfor employees,vn the:Cbunly's property,,( )Any�injury.to:or.death of any person employedliy.oron>?ehalf'ofhtiyeiitifiy tuid/oiitsc;QiitiaGlor,:agentsand/oreinploy+ee9;.cmthe: � road rights-off way;:0600(5)az}y:pXaJbi ibt cause bf aeticii ft lle ed ipSS o 'pt is or reveit}Ie,ox Cods of Seraicn,by.a,cpslomet�bru5er`ti 'Se# orfiroducts ofucli;compsixq(ies) eollectiYely "Liabilities"` for purposes.of this Rection.V.1). The only Liabilities with.respect:to Which Fiaiichfsee's obligation to indemttify.t�a Cbianty-and.its i t&teil slid appointed ushers employees. aq�agents d`.oes,fat apply atb) iabiii�e�tsz the'extetit arising'outof,�ause'd,liy iiX rest,�lixn�fznm;the t}egligenceof the C�ufii>y, andits ei qW and:apppj to officers,;rmployeps:and; agents atld Inabilities that by law the Couniy and its elected and appointed officers;employees and,agents for Mic$_tli&Cotiiitj+'dtinot be:iiidetxiriified. franchisee sha)l r_,ontiutlouslybe a:mctnbex oi'die$tats-of:Washington-pna number locator service R.CW 19.1,22,or.>an approved ecluivalenr and shallzonii I_ with-all such applicable:. mule:and xre atWns. Iccep It the event o mer en as describeilbelpW Fran-kisee and-its Agents may.not: enter upon.themFranchise tlrealo perlbrm worlcfbf whieha d ti6,t-fequir6d,ul w Md. txcept:iupoti;tw�o-busil7ess da�+s;rio�icB:t9'tl%c�oiitit�Eppineef. Lx, In iiia event of.an emergency invotving they threat 9f"imminent harm to:persons or proper#y,:and for purposes.of#aking urimedij&-t&teative action;I?raiichisee aiid its.a Brits.day britei: j theFmchiseAim WithdutadvaricGiiofic tdthisCdi;iityeg'l t►ga5:stichenfr isftirfft sbiepi pose; a addressing the emetgericy;:prct`vided lmwever,That it ajtXAt .f4t'suc gurpoes:would require iaswaz}reofa.sldlitypermit;:�ra el see:shalYg>:v,e.thEColtntyverbal:Qrtelephonic_aotimofthepl'aces- where andthe-manner1n.which.entry is required prior to such entiy,promptly followed:by wtitten: #btice..Yn a 11 c9ses;notice to the,Cot�ittgat►aiil ize gve :as tate an advaitae as practical:pr4oirtti entry 4�- c asst as practioabla.aster entty upon the roAdright d-Way... i r 5: 4 i - i ,K. :Franchisee:shall promptly-reimburseAhe:,County.for-their reagot►nbie ani tliieeC costs fitct t d jh i sporidirig to'ta eWdonoy that"is cause—dekdd by o1~attributable to the presence, eonsttuetipti,maintedancx,rel]*-,kt open O*fou df thOtWhisees iitiljtjt faoilitie`s i�.th6 too rights- of:way. N, If,du:4 ig,%stallatj6n,cdYist[ad& t rdoUdbn,reali0Winti,-adjustmeiit;maintenance,or repair ofthe�?i-a�►�chgee'"s tttifity'Fa�ilities:iiithEzga�i�liCs-��vk�y,�)~rarielrisee o;]r�ts8gent$tiiscgver :scientific or-historic artifacts,I?rancliisee sfiall iMwediateXyO#iq the:Co0W..Of said 4%coveryand 'shall protect-tutr`Ii artifacts tin b.Jr bfier a-s specifiedby#fie:County. Any.,such artifact shall ebe the Ptoporty 00 ;CowtY 3ftlid County wish,-es.to'Oft itl 'VI TROTEC`FIOi`l CF PTJB.j C All.w ilbne.under ..A,. tiQ se slial(bd�drle�i:a.tltorougfi,at�d.*9 )In mapnei.'In tl�t; performance of_.,work WYthin, or near't4o;osd:iJ&s-of,--way;inclyding,v�thout limitatjon,,the openiiig:offrenches and'the tunneling un-der-countyroads;ri&is-of-wwor,othq countyprpperty,.the Fihboh*6:Shall.Ieave;sgclt.'tre[tclies,,ditch&#A4 tunnels in s iclts.wia ss to:interfere as littl$.as pgofo;e With tuTsylc tYaVel.andshalltelcs all.elite atiii tieoQssa +pzecautiotis=ko zd the siiiei sd that damage.or:inJury shall nvf occur or arise by reaor;ofuGh Work;end°whege airy of$tieh ti eticlies, ifitches and ltiinnels`are left open at ni&4:.the)=r-anebtse"hall plac&warning light$;batrieadeS and outer apl7ropnate pirote ft a0i.es.at such a.pasitip�n a5.to Otte adequate warning of_=6h Work. Ther ranc tiseoAWl be li&�Ie fgt_any njury'to persanbt.petstii�s o�date e:to"property sustained arising out of is carelessness pX neglect,Qfi t coµgliA��y.1.4# re-nrpeglect to.properly_guatd orgivet wariiltig•of any'tieinckies,ditches or-funnels.dug ormaintained by-! a Franchisee: PI,ICE 't1Nt ` The Cotiiity-OtM;son,:ingratiting.this fianchise-daesnotwaive anyrights whieh�tnowhas or may ber ager acquire:w#A respoct to c9utity:tb"ads,rights-of-tray.oir Qther:cotiW'property and fp& fraochtse;shall nor bo freed tet deprive the County of any powers;..ri$l woXga;Y ggds villich it now rias_or•may hereafter acquire.taregulate the.use of and.to control tiiy eourityxpad5;rl$hts-pf;Way add:vtlier co04t}r piop.erty:oQveted 12y.tW franchise:The County retains the right to.adminjsteran& rqulate alEtitzid. th .Fia�icliisee up'to:El"O fi;llest .xtent of the law, Tl failukto.reserved: partjctilax t fight ttt..regulate,:o- feteuce a par cula�Xegulaiion;shall not'i to ztterpzeted liy pegstive' implioation,or.otherwise to prevent the application of;aimgulafi u tQ the' Xan�ciiisee: 1LC '1'ii pr WhiSe0__shall;in tho OUyse of any W6&,,.tbrAply with the folloWingrequiretments, A,: Thefragq see.shalt,by-aitittie-spleci�ec by the COV -p p ateci;support,.tempdotfly disconnect;relocate,oiemove anyofits utility.faeilftieswhen required;byeCounty'byjreason:of 6: tIa CC0Zlaltlbll5:ptbl c fety�Qaiirigl�ti p:wAy'wgst7ruddou;roadright of Wayrepair(tnelud%ng 'resurfaemg.orwidening),Shan'ge of r ad'right of4aygrade.;construction,installation,-orrepairof C*ourityavitlted sewer,dFains,vs+aYr (Iie§;govWer lines,sgcta�hoes,tracks,Eomznunlrtionsystein, outer_ public work; 4rlilib fhc lity, of iMptovelnerit; of arty gztvernment-owned utility; road ,might-of way vacati, or,fgr,anyotl erpurpase whgr I.�be Coutity work involved would be.afded by the removal or relocation of the utilit"facili&s.Collertiveiy,_such matters'are referred to blow as the:"0ub,6 work" l+ranclusee acknowledges and understands thpt any:delayby-laitp isee in performing the herein described work may,delay; hinder; or.inierfete.with-Itio*&k..ge £fib ted by Ith6 Comity arid.10 dtini'r4ctors a10.44VObiitradt8rs d6ho u1.£urthftnce 06u0hVUbli6.'Wo&aad re$ultin dams ge tb:tkA (:dung;tisojl inPi tngt14t ttted,ta;ilelay.cl$itns, 1 ranbTtiseoahalt ooperatovilltltilieCountgand. its contractors and sribcontractors to cggrd[Wte suehTranchisee work to accommodate the Public Work project and project,schedules to avoid delay,hindrance of„or interfeieiice.wlth'the Pti6liG Wotk, Fite County'of Niasoti:shah malts ayaijablo tA:tjie I ragg'bisee a.Copy o1'tliz::Six Y04 �retisporwign PrQgl atii alld fhe:Cclunt+'a annual caiistii�Ctiqu Logi m fter adoption eachyear 'If is atltToipated these programs-will aid ttie utility in-.planning-construation.pragrams.- B..Franohistrc°.h .a.dUty to rotect"its utility ae lttiQS fi .i o#lc`p�rf`gtm liy-lite,t t}uiity within t110 z,j0A xig -o 'wty,, �e rigtAs,gtapted_ta tftg'1~}anchisea:hereat dp'not preclude t1iE County:of 1v*qrt,its employees;:contraatorsj;:subcontraetorsT,and agentsftom blasting;;.grading; excavating;. or doing_other heccss rood worm eondgdoiis to FrAbchigde's utility?-:facilities; 4� pirovidmg;tiat,'tfie pfancliiek siial'1$ei�e�d a zliinitiiuiri rii'foxty-eight.(4.hbuis notice o£said blasfing'o3 41het Wo_rlcin,i�xder tliaf the Franchisee lm y.protectits utllttyfa i ties. C: k th&event of,ad 6h6tgetic+,01'Wh6re tfit vuibWk 6.: iiilic3irtei t.danger, tp.hhaltti,:Saf4ry o"T ptb eifiy, tl t licit tMY PYOW1 4 sC t7ji4ri,`tetlYporarily dtscQnrieet,tet>Xo V ;;gr rolocate aoy.,.irgll.parts:of the--uij ity facility witliau p ox llodge,and charge: tho Fran4h4ce for costsAneurred: . rfy Pe�tsott_ at.:t atithnrd to plaoo fatilltiea.it t)e road rtght a vvAy requests.tlte 1~ pelu.$olr t6 prow' t,suppb� 'te>ttporolydlsl ouneet:remove;qac relocate Elie.Ftanq - e's utility fuoihries to accommodate the construction;operation,or repair ofthe facilities of suchotherperson;, the Francliiseesllall,after g.(r:day,s'"advaric6.--W itteii:nbtit extiike:aGtion to effect tlte:necessat�changes tteltia,ifsuirccsteaeqtvi ► Y -if the. too ; ofleot of: 40ctialagos.vc+outdbe to pet>tcai-0ntlydepnvo.>+;anoh;tee of the:beneficlala enjoyment df this franchise for its intended purposes-thmugh inteiferencewitll.theoperation of Franchisee's utlhfy° facilities or otherwise#Fra>ichisee stiall A t'be requ>red Io r0locate ifs utility cilitics. Llnlcss tlid tid#ttei`is:: Av¢rii d by a i�alid.coiitraot :oi a_Etat ,o>=feder4l.law;or.'k404604, Of uaik0 rite- y nchrsee utility,faCiLttes wore.itot itroporl lnstaljed,.thq:reasonable;cost.csf lite same shall l e boraq by Elie.Pprsop,regtlo5ting thg protection; support, temporary.-disconnectibn, •removal; or relocation atno charge.to.the Comity-,ellen-if the7. Coiintjf rCialces`tlie,recttiestf�dX.siicH acfiori. i r t i E. The Ft i see AWL.m the request of anypersom`holdinF-a.valid permit issued by n- ! goVe fnepfal au ►grit #teingAi clly'.41sa 4f lower+tt$v�ire�:l,d l eirnit the moving of liiiilditigs or gtlaer tijecfis The eitpense f u li fe tp ra y reanpval orxaisiilgo l vsreritig ofiivires-shall be.`eLd by tho person requesfing.:the same. The.County-of-Mason will accept liability fordire'- anti:actual damages to said: rant hisee:thai:are tho result,of the ttegligenoc of Maagpi. Countyx; ttS tiustebs;. tFfficers, employees, aontt-AOWS, ulicontj�aoYCS;s or .agents W..;0, performing dganty impiuvera t be. P4tbllc '. -orlcs prcijects 'einuiriexated inflle:original.AzKc tfs� agreeiriei�t:uiidti edtion'VUL.paragraph.B. Duectand.actual damages are' ecifeallylimited.ta,ph*sisal damage to properly installed-and located inf-astrueture of the.Fran0 isee aril the costto repair.such:phgs ca�;da>Yiage� 1VWon County etauls the ftglit�. a$strtall app ttef� es in* Event oda lisFgte inplud"ttig contributozynegligeriea ori tk� `p A ttie Fzattchisce. Ivlascan t oiinty shall nb ve+tty be liable for.iticidentsl dammages c1dinied-to arise from stixCli.actlow. All'Work to.:be:performed:by th.Q l?rgnehxsge u4det this;section shall.pass.the inspectiari:of tl C U*_Engineer. The FrancNiee.shall pay:all.costs-of and.-expenses incurred in.the exan tion, ins eco 0'a (fappti3Y q sitCliv`+dr , IX. PRESERVATION OFMONUMENTS/MARKERS 8efare any words pedc[tmetf uutiez#lis fmn -is0,which_may ai:fectauX.exiOng:irioiiument or mairkem of anymature r.elating-tosubdivl§ions,Ttats,roads and#11 o_then su�Yeysx tliG F`ranelusee: lia1 reference 11 such riioniitnerits an'd'maiKers. The.reference points shall be so.-located that-they will i Qtb,odjs,o0.4urrngfliel iancli'isee's:operati ns under thrs fianclx se,Tlic methbcl:bfrefearencing these monomeals or other pptnts tq be refotegnei�smell be aprg�e b the��►nnnt�Engineer.. The teplacemdnt-of all,such.monuments or markers distur>pO dui construchgn:shall tib mado;as; eicpedn-iaiisly'as-Gopditioris.permit;.afidiik- iiected.bythc.OountyF,4neer. Theeos€ofmonuments Qr other markers lost;;destYgyt;ii, :ok disttrd, stir! tlie.eein§e of,replaoeuient_by approveii, monuments shgll lrc bo p by the.Pra.;nchisee; t oinplCte:set 6 fi;feremce u tes!fox bOUOrnetit.atid O.Wer tic$.shall b46 filed with-Ahe office of the ��sop.:C.ouut�;��ngirieex :X.. VA04VON O'k-IOA,D ATG14T4VW 'titAnyiiiinhIlic Eouiifiy shallvacafe$ny Count right of.-.way-or other,Qpunty pr6pettyWhloh i�mt�ft to 401%�faiit�d.bythis�arioliise and'sald vaeation-sliali'be for the purpose ofacquiring the feo ox;gthei'prbpCity nttrrest:iit said#b: Yi t-old-wa .of other.oauiityprbpeity dr.the iise df -Mason.C. ty;asz.tfierjt§:prgpnewprgovermntntp capa'tydentha:�oarclof�viatstinO-'mt C.otbmtssiii &s nriayz at:its:optiQn;:tand:by:givzng'thirty(30),days writtennotice.tar the franchisee,-. i tgrun;�patethisft t►chi eYvitll.refgrence os 04-0044V tQO'Aght Of-way ox.otWOquntypropertyso vacated,and.the County of.-Mason shall:not be liable for any.-dimages:or loss to the Franchisee by xeason of such:terhaaibatto . .lt fiaa:been the pxactrce:of 1Vlason.:Gvunty�to xe"serve eaSenients 14r �utilti�esat the.tthse'ofroad:yac9tioii,;aird:will eoptinuo:Co het#tepracttsourttil snchtirrre:the�.osid of IVlaso Cgux►ty Comm ssiquers direct;kr_hange of practice.. �:.FlNit,N�JAI-SECUlLTI'�F A: Insurancy,> Fxcept as otherwrise-proviited':herein,Pranchiseg shall maintain fqr itself@nd .the:*Cciun,,fhroughout'the-entire period ariy�-aft of F.i'arichisee�s iitilrty faGilit[es atC loeated.ln.tlie Frariel ise Ar ae adequatts insiiiaYlce�tb pt.ft.a',the:F itibs acid.ftii�0leote�d.an4i li tiante b ioei§, agents;:empinype against alt..4f Q_ounty' 4nd i ra cW"'s liability lig Dist of F`randlii ee's u o and occupancy of the Francliise Area.o� nyparE thereof,:This:obligahoniballYequire the F=c;hisee to ritaridarri Rffi"nce at least A.1he f6jl6I?bg:aTh6tiiits b v1N1E1ZCIA> ,X,.Z:,"Y)✓1TY insutan a to-cover liabiljtykb ily injury;and properly-damage. The.Commercial General�Liabtbty-.insuranct shall be-wntten on an oecuXtentce bas s,:vyith an aggregate liiiiit ldcation:e1idorAftent for the Frairchise Arca:and shall pfQvide cgveragb fo 'any en0.alis:trosts,:iiicliidiu$.d�feipse eoms,and losses and.deraws re$ulting f%gm.-personal ry,,bodily nJlY death, #eity siatnagt,products tiabilily.and rompletG,d - operatrams :Such insuranea.shalI include blanket.contractual coverage,including coverage for the i' TFi�iWAe As.tloi�t dr liezeaftet amended andspec i0 Coverage fo iiie iridernntty proYlslons set-forth laetein,. C§vnxag$�fu"stbe�viitten v�th ttie.folYa�r�itig limits nl.liabilit;�: Bodily and Personal Itrjury&-Property Damage 1,000,000 per•MCuireiica °xOQQ,000:aggcegate 2 WORKERT.COMPENSATION.insurance:shall be:maint6ned io.comply with statutory luiiits foz all ert►gldyeesiaiitl m tl�e_aase: y'uvo�rlc3s sublet;lheFarapchisee s}ia7i.require:fa oontir4torg:tnd fp'cbntxaetors stinilatly to jgos idc WyQrkerS`coiirpensation it}surance 1oz all rile empl'oyegs The Franchisee shgl also marntarn;:durittgthelife Qf t1s.policy employeX# ltab`tlity insurance;provided that°this obligationsball not apply,to any tune.pedod during which Pfanchisee- lias,iio employees. The,�oClovvingriiinii>�itin 1`riiiif"sxiiiist lib:rriaiintarned:> �or'l�exs,'.�o�tpetrs�itop. �;tatutbty. Employer`s,Liability. 1,90%000 each occurrence .i Q1Y1PR )II N$ AVT UA0jIMjnsyraAC4 6411 it,0100-aR►t hired,:arid.: i nA�n-awried:vohiclespperat�d by,Frst}chiseo Cm�p Dye sort at!gc�cittr n�qe bads (ritli c4vovge nfat least$2,004,000 per o-ceurrence;. If thUrnncll[gt x fs eQn actr l ,cfr suYicoiitractp s.dtt npt liavc the cqu3red Awfaupe;the County 3 k - i E - i I ma rdoro, Moh ehfW.4 to. stop. pporatf6jig.`460.1. rho:Jhsurance is obtained and approved. I Gerritgates of Insurance#,fleeting evic gAo afttieregt�iicti'iit Vance and app(dved by the Cijtinty':s :liiskM,and*o" for the(3ENERAL LLk-B11MYpolicies describ edAave,.shalibesenttathejZqunt�+'s :tisk triantger. 160 certificate shall lie:f&.A_Vvftk the acceptance of the fiaiCchise,and annually ! tliereaftr,.vOos.provided below.-All,cisverage shall be.listed all:on.ooe:certffiioate With the game =p"nafion_dates. Tho ce tttiicates shslT rvritalti 9 ptoVisioii that c0eritges a0or4d:afideir tht:be policies will dot be cancselec�ufitt'�l:at:least��days'�pri4rvvriXtanpotiaeliara:been.glven:t"q tie Gout�ty, j t4d event thgt the iiis4mice.cerdfidate provided,indicates that the-insurance shallAerminate or lapso duffing zhe Ze iod of the fxarich se;.thep in_that enemt,flee Ffar4ch§ee sligll furuisha at lc ia,34 ilays:prior to tho xptrattomofthe date ofsuch msuragee;a'xegewed eerti tate of n�sitrance as proof tha#:egnal and-like coverage has.bcen:or:vyill be obtained prior to.any,suah:laV or tetutii�fion duTittg tie Waned d-tlie period bf#Tie fraiwhise. The Goinsty resexyes the:right;.ding the min'of:the.IbngbW--fa mqOird any dthoti insunnce coverage. or-adjust the policy limits as:A deems reasonably necessary utilisi�tg:sound _risk maria etticrit practices aad prja►eipals:l3afieCl uptiri:tbe ios6 eXlipsuire§ Each nsurancepglicyr ggired'pursuamk tq this frgntibise:0b#11 be-pt*mw'y-arid ttgn-contra ilting as respects any cdvergae hialatained.'by`tha-C ou*.and:shall include an eiidorsement.reflegting the owo,,A.t1y other c(svetage mainfained.bx cQu ty§liall be excess ditWis*coverage herein defined.as pxi nary apd js all:rat: aietribute'witt it: Tke.ceitjtt tate( lnsyidni iq,mast tre#1•e c�drat the-ab'ove ! .worth*is included in all such.poliqt . FaCla: nsurar.ce policy nbta *a:p imiatit tb.flog iichise 1Mall be issued by financially soured insureTswliolnaylawfutlydo.bustness tlie.State ofWashingtop with afinancial ratingat all ti=4 duriug.,coverage off no less than ra.ting of"W'and:a:clogs of"W"or better ji:thv.tatest edidpo o "T3eat'-$Y,eyRat%AOu1�e'.Aubi�ished'byA.11�l.Best_Company.orsuch.otherfinancialrating-or.rating gu a;appwrit'g fiy"tTie.Courii!'g Tisk n5anager: Tii.tlie ¢vent,that at.at}ytitne:dt Mg. covgage;Eha insurer dgas n¢t meet th -a 'Fran. e1bpttititiCet4: the County.and shall'seek icoYerage�from an inswr thatmeets the foregoing standards:TheCquniy tbsecyes:t(ie:'iAS ,td AOgii thd,riitlttg.or the rating.guide depending upon the changed risks.or Av %jh6jUty.0fptlie_r sui blet.ait r�ielialite:.i`on6 gilides, i Comprehensive.general'Habih insuranr. polidiesandooverage.obtainedpurSuanttothisf ancbi e shill ificlitde ori endorsement:.(stan'dard ISO form-CC,24-17)deleting all exclusionsfor work-or iieident$;.gocurriq yvittiiti flny dist8iice:1`io ri a faihsiad tiacic oi'railioad property;.ot 8IIy over;or ' urider°a.:rgltoad txack;_ ' Irisuradde_poilieies'.rcquited puisuant;:to:this_franelaise shall haveuo.aion.standard exclusions uriTess 10 i i -app.rovc a pfy;(hQ-iv(ju4ty fkisk Manager budesigrtee. Commercial general liability insurance policies.obtaiued pufsuaut.to.this franchise shall:name the C-ourayas°ail additjotia(.iristited vYitilioiit.lin7itatioti,pui iarit to,au ndtirSemeiWhpprove.d.otbythe :�ount�'�.Risk 1vlatia�cx.or.tlesi$aee. l Frauchisee s»d Franchisee's Coittractora.' insurers,"tliroi}gli pofi endorse�nteut,shall vysive;tlib#r x ghts.t�fsubitsgatioa a nsttlie bp_yfor.all clai#rls acid suits. ;e oerCifcate of ins' triust refiecttlils�waiver ofsubrogaho�p.rigbts endor�rnent;. CommeraiaLGenerkt.LWbDiW:W;df'Wift.,policies and.edver ge equireii lien w of public utility Aper totS..'ltlay,itie 10-40u. .14 leorself�isurtiireteritibii;pto�►jde;i,h6vvevei,that; to ony)Wsg Pr Pww pgvered 1 provided.herettl ifFtattchisee•eleets.0.include.any deductible.or. sel£-tinsursd-retentiion;Franchisee shall'itself directly coven in lieu.ofinsuranae,.any and411.County liabilities thaC.Gould otlierYt+ise in. ccgtdance vi h the ptovisioiis of`tliis.Fraxid iise;he:cbvered by ,, ,,. . Franolaisee's.�sti.mace if Franchisee elected`nbt-tO utcludca d`edpctt le of self insured letention, Suoh,di reet,coverage byFraocha'see sli II1j::i4 an ampgpt eggal to theamount ofRauchisee's actual deductible:or.selfinsured..Teterition.- franchisee shall be--requimd-.'to:provide a ccitifioation of self izisuraiice ret6htio.to.the o-un*.in:a forni.and.conteitt acee stable'to t#ie e0urity-etlgineet. I F�t£9TmanOd/ ayinent$on& Atthe_sa epib,�Fra'Ochisee provides its acceptance ofthis. Franch-isei.the.Franchisee'shal4.if required by the:County.Bnguieer,•provide aperformance'and .04.m&ht bond to embri tile. itli anii laitltful petforinaiice o1 ail of itS:;cespoust6ilthes:undec:this. l noliise..aiid applieablr ri l S regtllali'(izlg d ozda"n_.anees,inetuding;byway.af example;but not liiniteSl fo,its oblve iitnttlliy faoiltties,to restoretharoad:rights-of way a and othes'property when damaged`or-.disturbed,.andto,reimburse the Comity i£or its hosts -T Of-the boi otx �pfnnpaf*abohdsalt be orZBariQ Tle anioltoI c ash ii q's k asdescribed.belpw,may tte adjuste¢byte E`outq every five years.i'rom,the elate of eecuhvn:o£tliis tra[lcbise;tQ tie_Into accotutt cumulative ipflation or increased risks to the County: The Franchisee maybe-required to obtain additionalbonds ih accoxdance vi%at the Countj�soXdbiar pi tCiti es. The boiid.shall lie in•.h_forifi Willi terms Mid&OY46.0 nectpta le to'tlae(�ottipty arid: lve !e 'siid_appved by the C9%ity 1✓ngitieer. The b9iltj shall be with':a surety wih:a rgting no ies5 than n is '`lt1`the lafest:eciigon of"bests Key:Rating:Crutde,"published by A.M.Best Guide.. The Franchisee shall pay all premiums or costs associated withmaintauun the bond,and shall(teepp: a tfie smite tri 1'it�l 1'o=ce ancl`�ffeot at�a�l finies,)f FiatiGhisee.fails to prayida.iir inatntau�-tile bond,:t)e�. the (itinty;'ih its$ole t ciehop,to t tgtltre. .�anehisee;o substitute an etluiyalei t Bash ogmit r descr}1;eri below fin,lfeu of the bond: Fzaiicliisee;;inay at Its sleet oil lir upon ri der�by-4*COUWY,$ubs_titutewaii equiv'aleiit cakli deggsit instead oi"$.pexfi riba *n4 payment. ood. VWS cash deposit`. .141.ensutie the full and,faithfii . perfgfxuance ofalt•ufFraz►epnsee's resplzlta}llilttics hereto t?uderYhfs Permit sail all applicable laws; rules;regulations or,ordinances:. `-'ills includes,but is not limited.to;ifs-obligations to-'relocite or- remove'its facilities,testoie thie.rw rights-of--way and.-otficr property to theYr original eon(litibq; t. t l� i mftnWrOfig tine COOW'fbfiits OW,afid.keeping.R.anchisee.'s insurance in,full.foppe,; The County.shall -give A4 FtiAchis_66 thirly.(30).days ftom the date ofsuch notimto.Rlany 'in(he eve&thttt.##q Prafttased Wig-lb-'Outo tuchdefaijitto thd satisfaction bf thczCount y.the Count* mayi atits option.;_y f0d6f,the.:entire 44iouAt the cash.dop— it.UO:to,th6-kb6uht.dfthO- osit OrAmw u-poil the cal Count"'s costs incurred=to c �tan qeo'-gdpfa—u-t..1 pon ljjeCoqA".t 9fF N. dduN'the:County sh4ll..notify Fxanchiseu in•writing of 6uickcure.- Iq.the;yent #iq:C&M.t rawEL t the ed y 4 cost os - Tca -posit or thereupon.repleriishthe-caslidepo' _0 i t thoMaypountAsspecifled peffbrmari 4.9A4,piiym8nt h6tfd, Be cfre.any Orkcoinrtie�pcesirithexoa rig it 9 -require lhb eTator .f quntyEnginb&xnay 0P_ 16.proivadex'perfbrruance and paymentna.fqrmb bo _separate. rq$eqt*4ti-ag oW-to 4e!:dfterqAnrd by'the 0. bitlAot less. than,Eve.hundred dollars en by a sqrq.t-y. qpMp?j1y.n VUMY: .usm�O, written ar,cepiab Abb(14ija6id In 16 state of Washington, Thep"pse-of-the:1 o>iOA 16 OfWostm-ction JoOurlijig t .s t sure .e.Ojx ratio gio, .. eQ;np _h&ttsto ti of surfacing,slopes,91ope treatment,topsoiL44*pgpq Pl* OMUP 4M.-County.to enforce the requirements of thll�, rind payment d'669ft Indiiii6d' ChRptet-;U. per ormairrt, than one Wn tip year after the dateofcop2ple, q 'iiainthddv6nt'iha:tthe�.ftanchisee has implace ui 'cd.�O.0 to the henna, maintained, requkements of .;fran 4:p4a . .monde and pAyjb.elit...bOaa.for-Woikiii..i�d foadzight-ofwayVill-notb"equiredof-tlie Utixted . l$14ios'Ob -0 ept*r E,I-ofts:agencies-of of or doartnw oftbe,state.-of Washington and its jpcil.44K C',.IrnitAdn,dMiabffity.- 'to the fiAWt:6xt6Iit!P.eimttcd.bylaw,the Franchisee shall,and: Rhall cause its to*TP� - - -I -d ftb& A and hold' hgbiles$Jb&_cbav-Y-and.the: county's legal represent ted qr)�appt�jntc4 -tmplpyees and agents(collectivily,. *vps,9fter(AIM s and agar ist any-and all claiinsA Itabliliti finesf penalties, e cost; lasses, 1AVS, ous ion, t�, derr�afi&j jWgftenW and expenses (including; without: limitattops,Pomt. mts'Oqtubys' fees And doStsihjtiWstiga 16%removal_iind ternediatioh ifi& governmental oversight costs?;,Envi entatorofherwipt ' ia�WOOO.6 nw=. , P(Arc'UVOY 1 &kIly iftintit rec, "4 t itigAqr 0 N.,- relatezi to o4vuld aru'poot A*,P.P(.)Dm- i) 1 3 YQ.laaK��rd _ t[licneq puea tij�u 'st a . acgti �ipiIpudkuno j �S micrJ �i3�firs t[o do pas ad o`s pxPV `A.?pin sa►Inu 4P.R:) ail;li9.quail nuuuut ou m tris lI •ostgotw4 antsnTaxa ue:;T<cq ppWo e9 T9q TI�Eqa nlp I: IZZHQH .MY s Flu uai� stttT o.apto 1g;q spuria q gu Iliuoina3. q . [3 oudlsuopaldo5 z� M Kgooueldaaov - '•�B.a�aual p�;a,§��a�uo i$jfagsas_iigai�� stgl.[,pouad kBP(06))4,autu o%u[gp!m gpopnf pw Asps o;lmqjv momg�uwm agl tro rfI i�land�luosgy�TtilfiasianpB pauinualaP3t Pauzuuaaap uaaq Cpsug ansa n8gsuot;os is lens plus aapB sV(06)4amci.tzNPATtiac�$p T [�s�S3sg8 fit tll' nasi aeX &au2uz�pni at�ou�� s[iBsuf:pred sl pati s}iiaur�duauzajas`sasu �xa Teaiis.pgBtaur1:`.s6a 4s10;r�t1.&�ATtf.`,s'aa�.,st�el? ei eol palaaq loulnq ligpnlour'bsua ap:gons o}�uapt�ptlsoa rix C�cI lipq aa�it �t td aaltuu{atiq[.:1 8 O lIB bAvs a6 [[1�.t0 1 �Ju1nSSL Ol II0[lE�i O AE aas[ a 91 AA 1 Iasi OII SSaTiI g p lP fI. I9. sI _g u g g m3 Sal�Sq'pax�aA a YajTBtil�fuk: `•iCi?qua ICS�q. .... spur.City;sit E'lrj noXs� q aaa d [a]giolo.ltt nBj 3.p;asttajaP.agaOW-S �.'Isap�usasitl�ugz�`t�u�?0�a�i�?�t���o�o�;ualitl�ubd uoj.pzU!u=pui oq uoutmo Koptuuzapu?.ogt�kaq 4q logl,sb#jj" P bib" a ao saa cilatuo �aa$s``staotT;o s�f'hiansia aq� qua tt$an.t .uioz3 k!lltksW:to Aq ppsnlop` Ino Auisto.1go o qql of;satl[Itg .aha Zdde }au op:.saaltuwoput:Ogl.4[uuiaput%.-W.011.go s.aastgpah3 t hM 4l laadsPiTM► satltTiq$1T�CJut�ate. ss65 qou -ta oositf�u b:itc#iEsst, ip.to ao taolB[ado aqR.jo-toaluoo ate.[ppun n uo Grp otp it a�rliuu d t ti!ln Sox i�sYadQ afi})a 1 uogliia 16pt ri pauri6liad sf 306A jO.tV WljA"t SS M- d-sjg8u p130.[ .oq; u[gaTM-SOT j�as3 �iniind. pnS a.aaa�aa;�tisui.oTsnquiai'1paut2��2i`uo�t��djai"lua.LWs►�TPB'`uQt?tWSupa °gotltip;lsura*p Trio�gjgm,,q gan;satu d p tg; o:5ugis nus#Yq`saoiia:`s; B aif °.�.. ;[o"QSliia9u sj k.a5t- unit iq`fid of fo.atogM ur'oi. i�giilt 6b-ao 4.0- vA e 'Aq pasn� kum So 4tou poor :;V 3a 014141fPittuo4lpaQo l�;uaiuuoi[nUb Qqj ;g `.ABm 3o.lgS[a age u[glrnn sa?lfios dlt�ln3o,aauasaid:aq� '5 I Il; i1Hn ;fid tzczile aiiQ . psig uti� `{ ',CBnn o lg8upeo[egljo asn pita not sdn000 s�oosiupumU ;E ;aStgo sigl:o�:lciens�[itI;p ;u tjsaibatic it[;slq i x .' Iastgouaa3:stq} 'T i pr-Iiibit.th County of-Mason-from 001istriicOlfg;alteri'lig,taidwairijb910=4ng ahy.dtsait roads, rights-rif=why;drkitxage:st ct ies.orf$ci�O0,:irrigation,�t`ruatufes'or;facilities,or'eiij►btet county i propg>ty or afft its�urfsdietion over them br any part ofthern with full power to:make all rteeessary chauges;telo�catitius,>?epa{i ;ziaaiiitenance,etc:,the same,as tha county may deem fit: XfII: 0000MOAS AND_.ASSIGN$ ,All..tfi6*oVi3i0i*,06nd'itiobsA ftUlafioits AhdreAU hereihbo'nta ned.slialllie binding ii&n. dic'suCccssbrs andassign$.pfttie i�attchisee,:atid all pzivzleges;as yV tl_as all Obligations and Uab*. o{tJie Franchisee-,slia`1 egsure-to its silccessgrs and assigns_equally ns:.it they were specifically mentioned wherever the Franchisee.is mentioned; Anyreference in this franchise-to a specifically iacried.party shall:be deemed tb apply tQ..eijr su0ces5oI heir;attministrattix,executor of.assign of such party wki3i bas aC4uired ate interest ia4 corse vi+tfh,the terns otlis ficluse,or under haw; XIV, `l'RANSFER/ASSIGNMENT Franclitsoe mayassi'gg or t sfer this,ixanGhi&e after l}rigrwt'IttCti ilotic :to_Canfity of IViasoiT.anil assignee's written e©mm tcnent,-*a form and eontentap ngved by Ihe_County,? ose utDr,delivered. to.County of Mason,that assignees shall thereafter'be:iesponsiblefor:all obligations of Franchisee w threstitzt to ttte.i<ranoltise ahs icatitcelcig perforifthoe tint tha tqa*s-tintl conditions ai'tlie franchise and:tl at.t apstbxee wlliX be:bouud by a OW on ofthe fra>ycliise aiid`wlll ssuine t31Y the-.-Dbiigations-of its predecessor:. Such an.ass'ignment::shall relim the)''ranchis?ee-of any:fiuther .o"bligations.utldet the ffrih0hise;including any obligations:i dt fulfilled by lafanchisee's:assignee; pYavidy ftsGCesSoXsniosu interest;of xesonstbtl ftsar'acts or omissions,known or Unkpowrl;orthe cai3sequcnces theieai; which acts or-omissions:ocourpriertathe.tiine.afthe.assignment: No franchise or:masterroad use Hermit maybe asst ed.- or traiisfeiired witliou filing -or.establishing with the Bounty ilic insurance ceit oaten and peT ortr►ance bond as regtiire¢pUrsuartt to flits flucliise;. XV. ANNEXATION" Wheneyer.any of#11e Cq nty'rosds nghfs-uf.way or otliez rtturity property as desi'gn;a*.ib tw franchise,by reason of fhesubsequent incorporation ofany town.or city;or extension ofthelimits of :aby town er erty :shall fallthiu t►e cit .of.towri liniits•atrd:shall by:opetahciti of 1at�V otatlteYwise tertnlnatG rbirift Bot tQ tie said roads,Piglits=off Vi±ay gr.:4ei to"prop with cityiiX tows limits, ft r-s1ia11 cntinue: .fgrce.and ei cct tq 91.county roads,rights-Qf> way or other:countyproperty.not sodbdiiaed in city or town limits: i XV.I. RVO-A' r .A. Revocation:.:tn addition the right'tozevokerthis franchise as set.forth in Title 12 ofthe j ly Moor County Code, if the-Fraaclusee shal-willfully violate: oar fail to.ddhioly With-atiY of the I i I4 E provisions of thi's franchise:through willful'or unreasonable neglect or-fail io heed:or comply with any ieheitrFieprovision of thin gr"ant, tlieii Frafrcliisee shall forfeit all .tjg�ita�c3orifemed:heCeund�r:a�,d tttis.f�tuichtse,ii�2y lic.reYoked or antiulled.,.aftor a public he�nng jiy llie Board of Couniy�Coxnmissiquers, xhe l~;anchisee shill not be reXeYed of any.of its oliligafiona to complypibifiRtly with any provision of this franchise by reason of any failure:of the County to e oree o#!pt,�eeiWpIisiloe;anti the C6W."'s tailitreto'er1#>Zrce shah.not ct pstttutE'a waiver o t7ghts - dr acgt ies pgrt in tbO censee's,cbzld t -Subjeot:to the required consent, adjudication; permission or authorization of a federal_or state regiiWory agenq'Mth-jtixi$dictioi over the Wbject matter.;.ttpon'revoeatrbn oftire franchise,the County may tequire stir,;FTatrchisee to reMove its utility f acilities: io 1 ani toy tights:-Qf-way;et d restore such road right-Df-way.-to its same or better condition as existed justpnor to such remoya4 pr de<ooiilmissioft and abandon-such.u:tilit'r facilities;iii place:in whole:or in.part and iii;a manner. nptirQvetl y the CQuz�ty Board pf 'onitmi l Qners. lfthe Franc}�isee fail's.tQ remdve.utility$acrlitjes oth ;-theCounty.requires.jttorgmova the;CountytrayporfoworkandcgOpAci#m.rostth.tre.6t: from the Franchisee. Theactual cost tliereoly including diieCt and indirect administratLvecosts!shall bb a.lfon ilpan alt utility facilities of the Franchisee Vvrthii the franchise Area.effective upon filing of th6.li6kW.hh the lvtas4n:Cquhty Auditor. B. Remedies: The-County has the right to.exerciw-.any.and all ofthe following-remedies, _ singly sac iii eouibiriatroii,in the evetit of Dei4alllt, ".Default"shall.mde A aAy_failure QfEranchisee.or its agents to ii eep,vbserve,.or perfQrin,$ny Qfi.ratiehisee's or its agetzt`'s duties br obligations asides this f"rauc.jise: I., Aaiiiages: Franchisee shall ho liable for any and.all damages.inituriiliy:4�ouirty. `;-cSlicoifit;Perfotmageae: County shall lie:piititleti'tQ spee�q.perftirmance of each. .and.every obligation-dfFranchiseeunder,this franchise without anyrequirement.toprov:e or establish that.co-ity:tldes.riothave:aiiadkq'4tdtemedyatUW. Franchisee.Itereli vvait+estit$requfreindnt.of ashy SuC ibaf and,SPkOO.WjWges.tb t:Gbttnty atoulcl.not have an:ndec(va reined at l r foi Francliise4'a:pommissipil pian 1 yeritnf DOW -he. I.. TiijY7nd bii. Coa ityx shalt bg entWed t6 restrain,_by:injunctions the;aotual or tliieatencc4,rota hissipn ox.attempt df`an.Euent:'if Defsiilx a4dL to obtain.a.jtidgateiit'Of Order speotficaUy.p tiWbitlt►g:a violation or brwh of this Agreement'without,.in either case,.be l; required to prove or:establish that County does uot.have.an adequate remedy at.law.,. Franchisee .her waives the reiftiirert7ent of siiy'sue}i:prt�of acid acknoiuledge6 that Countywould not haviia n adegugte'.torr►edyatIkW.lbr F:rAht~hist es QoWnAssigtt.of-*Oti tv'W-of Default.he�rowtdei; 4, Alternative Remedies. Neither the oxistenccof other remedies ident%firA in 31:14 ;franchise rionhe eX♦;rCise'thereof shalfbe deetried to bar oroth6rw'tse limit the right:ofthe County to -CoMI terice art.40000 for equitable or'pine, rel eiy artd/or proceotl against:Franc see arid. airy guarantor f't ail dtro: t mo>ietary datuages;.costs and.expenses arising,from the;Default and:to tecover ill shell damages,.costa sid picpcitsZs, rclutlj#i xeasonsble'attoriieys: fees,.Rettiedie"s.:are rnmul ti ;the exercise o ,oue ),a1z liQt fbreGlose tTie:e erci.SA QfQthI XVII; $ SE�IJ'ENT:At✓'PfON Xin tliir event.that;a i is`thi &aifeh se.lii:coiucs effecdVe,:(a) them is.a.ch"ge in the law"Aith braaclensthti>autbority of`tl n CountyoflVlasQri.of tiie.Ft cliisec with re§pect tq.#in}t act,petiu tted 0 autbprized under this franchise; or (b}the CQnnty of lyiason, gr lie FianCliisee believe that ainendments to.this.franchise are necessary.'.or appropriates then.the County,of Mason and the Franchisee agzee,kQ:eater intd ggod:fatth'tiegotfatt_otrs tg-atuend.tlus.:tiladchfse:so as (0 ei►at�le the larEicF. to: 8dd;eSs, ,iii, 8 jaifiner Teasot�alil}i aCCbptab_.le to -all Fatties; Such} chane. Cdr ptbtr development vhich,formedtbe-basis foxthe negoqations, Il a Parties; cogm_ze that fhe:Pur-poSe of the:f egotlatidW would lie to Oreserve,to the maximum extent consistent with Taw,the scopes and purpose gf,t'!ii$�rancltise: Mason:County reserves for itself the right at.�anytdme'upoM::ninety(�Q)days-written notice to the l±rauclii'ses, to sii change;_ariietid; modify orarxiolify arty of the provisions or conditions-herein eriunirxteii to;ccsnforna to any statest�titte.of resuuty egulatioi3,relatittp�u the pathic welfaie�healtli3. , safetl+orhtghwayregulation,gs-tnayhereattetbe-ogacted,:adoptedofpromutgate,�la�td%V &ancb se maybe,termini*d at such time a pub lie hearing is heldby the Board of Court y-Corrar4ission?rs;and the Franchisee's utilit}+facilities.are;foundnotto lie etated or tnainfairieii iri accofdsiice:witli'such smttit,or regulation. XV,M: .ACCFlyr NCE Franck"isee shall.ezcetito:<e(fid:r etuin'Co lire:Gpunty:nif Mason;s'sigtiedacceptance:q the fi atiahisc -grated hereP- *,-Tj1e acceptance shall boin the f0m.prthe acceptance�attacbo&hereto as j3xw'bit `sA";and in accepting.the flanchise,.Franchisee warrants thatit has.-carefully read the terms and Oiltiit o ofth s-franchiseatitta cepts=all ofihei eriiis;6W cb iditioiis:oftbis fraabWAi:aildagte'es to: sbi4iplbrtlYe4044= 4oknowledge4thax3thas;relied.uponitt;ovvit.invewigationofailxetevant(Wets, that:# has.bad the assistance of:counsel;.that;it,yeas nqt educed to atccept.WiTkndhise; that t(us frandiise..represents the.entire agreement.between the Franchisee and the:County of Mason;In>the tweitt t O F.itfthisto'faila'te s.Ardil the Courftersigned;ordlna�q .aril zi ept ce as pYbv ide$for heiein,yv'rfhin:tlxe timelipp Wsot f46-iit"this-:9C it,thG gra [-her.60 is and sbatl bee m-4 null slid void:. . .MI��EI:,LAi�QII�:PROVtSI+D�S` A, gontrol44g:L4wftRuq:Any disputcscgiigoming axe app'Ocado lir interpretation.lDf any ofthe proQisions ofthis franchiso.shail be governed-by the laws�fthe State of Washington. Venue o)'t#ti Wioja pr.arbltratioii brought udder tliis.fronchise shall lie in My son:Coudty+�.Wasliingtoiti b'r ttie Ii i i i f Western District of Washington.if�an:acppn is.brought in federal,court,provided; however;that venue-of-such actid is legally,propen i B&.Lien -411promptly ay;ad:dischai eanyatzd_allliensar5isin otit:af; ny Work done,;suffere&or permitted to be done y Franchisee on any:Franchise_AreiL >. VIFaiver, :No Waiver bY Mahef party Oft ny e sftall in an W V pair-the righf of'sueh,pOT Mmon'sright to enforce all other provisions of this franchise. T)°..Atto ie+'s 1;ees, If airy 2fction at law of in egWtp is:t Odessary to erit`dreo or interpYet`tYte tgrr;ts of thi$fianchi's+3; he.;substan tally:pfevailing Party or Parries shall be entitled.to reasquable attorney's fees,costs.and.necessary.disbursements in addition:_to enyother.relief#o which such Party brPart"res friay be etifitled. E. Amendertent. This irandk se:maybe, amended,only by'a rvrtttpn 109A acl sigavd,by authorized:representatives.of Franchisee and County of Mison.. Severability.. if'aAy provi'do pr this illegal, irtival d or- ` unenfWeabie underpresent,(Yr futuil6lawsrsach:provision-will.be fully severable and thus franchise- wdl.be construed and enforced as if such.illegal,lnvalid.orunenforceable provision is nota part hereof,Withe:rema'rnirigpzovisions lte#et 1 kvill remaiif iri: fot'ee.Od effect:Iii-lieu of$tryillegal, ,� (itvalid ar uneti<forceable:pro-osiott b*iin,. there will'be added. autwitupAy.;. .a pw.of-this franchieapfgvision as siri� ar in ifs:terms to suclt.illegat,invalid pr:unenforceablept4ihsion as may_be ;possibleand be legal }valid4ndenforceable.. C4.. .J4u�t several Ltab<ltty. Frat chi ear acknowlo s that'; ig W case in whiCia Franchisee and Franchisee`s Contractorsare resp.Qpq).ale under the terms of this franchise, such responsibility is,joint andseveralis between�.Tranehis ee and any such Franchisee's Coiitfaetofs provided.that,the.Fran€hisee is not_pfohfbited.ftiit a:Ilocs0ng such Nliil4.as a.niatter.of Antm. Ioticeg: Any notice Contemplated; required, or permitted to be given-under this franchise shalLbe sufficient if it is in-writing and is;sent either by, (a)registered or certified:mail,. setiiruxec ;w(��anaot z 0�Eve ptrequatti . rily and at:the atldtess specified below,kept.as sueli.PaA.'Aild address lnay�lie plunged b�proi+tdiag: aptice tp the tither darty no less.than thirty�3.11�Clays' advance;wntten xiot>ce:of such change'in: address. )rancfi.see 4 Attu' E f t k � 17 i t i '1 J i Orovir. Cot ty dm public Workg .m I.I. ason 40.0 N%j�_WOtk.s Dfive- .Sheltonf WA 9'8584 I,. Appro* Nqthing Kthis frVdhjge:51iall,t q any d*or.*$Iji iqt' upon,the County of Mason to determine th;-ad qua e. qyorsm iqq -Y-0 a 'n4 spdoigat6is of. to dseertiiii.Wh6thei Franchisee's-.proposed or. actual :construction, testing, confiqMa Opps reviewed unt pap with,ft- plap�"d specifim �y the�O ofwsoif. No 4ppfoyaf p y given,inspection made,review or,superyision.performoby the.County ofMgqrx.putsqaAt to-thig 1O am zqy---&xpress%orIm' by. plied C pu 'o!)t •Otich fteoi p" ro *d,Inspe.oeO it r';sOpeivi OWnOO"With' W9,tWo .jy:of Mo regulations or-ordinances or this franchise 'rneeis'an' 'par n-dard,.c*Q*d or.rtqoire*eQt,oz sig, _ T. y ikm* donforinance with the-plins andspedificAtions,and'no liability ihafl.attach,w. Coaty. and ljfsp�ddtmt tot the sdie.:p -'protfttin the­.C6unty-of M tt OMY WWA Aghts.ag`tk Omer 0 Wgnaget 00 T ov representation-or W of the design,Op 60fiafutima&6 6fihe utility Wilitics,.suitability ofthe Fanchise Area for consirti6fibIlimaintenance, bf&6.CdiWty'dMgs 6 n" 16-m' sur--thaf cork. .p ipoee Wjth..4qy.c�;qWtknt;.imposed by a goW4ftiitity, County ofMason isrunder no: -mjpqv4 pi r_co 0411 ti 40fioli or. Opty.�9-­ q�4q 4q, g.n . i0trupOon,i4 An; Wodatiwi,'adjustiiienf,riiflignmen't;niiintenancerppair,or operation cifthe:utility facilities.. Forge Majeure. lNelther Pa ti+hqoto shall be,ti":fd_the gibor'Farly�t#Ay'6wro-to perform an obligation:set forth herein to the extent such.failure is caRpo by.y.v aft o teirarlsnl 9T. an 4dofOdd, ipi,ov*4dddftt_'§udh Party has imade:and.is,making all reasonable efforts-fo perform mi"n"I"-' ---- app.611 resulting loss or:damage:: itniz0auy K. Construction. All pronouns.and variations f ..W . . -0411 - - - r to fhe any nide nr oeutorj smg.W6 drphiril,as the.ideiWty-ofdi6 Party.or Parties uiayirequCfrm7 The proviSiciria of this franchise shall b fic iNtATlyporty istdiltvi. file expept. W4e�ospeci aUydpfine4heTeinAo�qtriodyto.ror.ap provWions.contained herein in order to:achieve thi:qbjec fives.pjd' 14rp smofthis fk j4e; p �p. 'b k t texhibit4t dh be 6th6.0t,(btecdtf6Ji.otthI Ir: ihorpmwo '!y '0.erence. Al bftm eTetoOt ftaqchist orinthe-futureg coAteimplikted hezeb4 aro hereby'g'Lc_o'rpOj**Adby teftku.c.e as Ifid d gh: fully set forib.herein. AU Pe Of-t.iihe-rcA Mod to haeiit SW include;SION'tdiLYS, Sundays;and lega 0 WaSWAStoni q--� L--hqti&ysjn.ih 5tate, pept.that jfthelast day I -on any.:Saturday,Sunday,or legal holiday in the State-of Wasbington,theperiod shall by Extended to inchido the neat dayvirhiclt ig iiot a SaturdaySunday;or legal`holiday.iti the.State ofWiishington. N. Ex%f in( gt eerttent: This fr2ncliise is the hili aud:co�np gxe agx'eement:o f County 4 f Mason -and Franchisee with respect to all matters covered herein and all matters related to the use:of the ,l~raiiclxise,Area.by..Fiancliiseeand.Frane)aisee's"Gontcactors,:nrid tlixs franchise siigersedes'aiiyand.all other agreements Ql'fhe P$riea liiereto with respectto.all riiclt.rtatters,includilig;Without limiftitoti, all agreements.evidencing the fXanchise. Q: h1Q.Rebouise. yV'iihout limiting such itYiirii�nities as tkie County of otiier persons naylsave via-erappl lile'law,FFaitehis4e shall hod 40 oa0net$iy zecotitad wbat5q vet.against tho-Coi itty_of it$oieIs,:boarcis;commissions,.agents,:or employees for any loss-ox damage arising out of th© Cotittty'.s exercising its authority pursuant to thisTranchise orother.applicable law: R ResponsibilityfbfCusts. Exceptasexpresslyprovided,otherwise;any act that Franchisee is requtt};tl.to perforti1:'under t'ttjs fray; ise'shall,be perform:at its:dist- 1f rartchisee fails tb erfortii:work:tjia>:�t ia'.requtred Cg.perform witltip,-the Mme pxovi�ed_forperfozm.ance;the�C�ipt� mayperform the workandbill the.l=ranchisr :.1�hcFranchiseeshall paythcumgvnts'liiliedwitl in :30:diys: (Q: Work.o Coiitractoi :and;S.ubooutractors Wordb co - rid'anis spbeoiitractom Is subject to Alit same restrictions;:limitations,and conditions as of the workvvas performgd by fhe. Fralichisee. The Franchisee shali;be responsible for all work performed by its contractoxs and sulifs6ittractprs,and.gtliisYs perfprnni erg rlt on.its behalf.,uttdek.its corJttol,qr uticier authot�i}i @fits vtolltypermit;as i f theworkvvereperfgrmed by tt arid shalt ensure'that-all.suol;wgirlt is per-b.rcried in comliliance with this franchise,.Title42 MCC.the Manual and other appliegb!q.14 ,.and shalt be jointly-41id severally liable for all'datnages.and correcting all damage.caused by them.. It is the :Frattclusee''s responsibility to ensure that contracttirs,si ticontractors,oX other Per&ohs P-erf ftin-g. ,arbr_k on the FolKWIsee's behalf are familiar with the requirements.4the ftneiso,-.Titie'1 MCC,- the Manual,:and other-applicable laws governing the work perfgrmed by.tliem Tt Survival of`feYtns. i7pou the ephattt3n;`tt imiiiatibYi, reYocattQti A=forfeiture of the f llr*ae;the Franchisee shall no�¢ttger havethe rtght_fo occupy the franchlae_area fortlie.purpose of providing%ervicesauthorized.herein..However,,the Franchisee's obligations:under this fruttcs'hise. to the County shall.suivift-tbd expiration;EerYiunatidil,ievocatioiti or-forfeiture.of these:rights '40ootditiS to its terms foi tto lows ibe Frapchisee's`41ty faotlities shall remain in Who of w paid -in,the road ii *%o�way; Bir way n f 1i11ustruipg and note tatioil;Franchisee's obligations;to indemnify;defend and hold hartnless the Cqurity;provide insurance and a performaqu /payment bond.piat>;uaiitto&6fi6h.M. sad Franehisee's:oibligation to relocateits utwty facilities pursuant to Section, Il,.slzalT continue;in.e Ct as tri the F`rartghisee; riot.witlisit-00 Ms- any eVirati Vmiliat ox revocation or forfeiture of the.franchise.Weptld-tht— xtetit tttat:a Co'u7nt�approved transfer,:salsa orassigntnent ol•the utrlitysystem is roxrtpleteti�and arinther emity'h assumed fiilf :and complete iespoinsibilityfoi the utility system:or lbr the relevant acts or omissions. i ii I I S. WanvA4cs, By.n5.eptaneei g 'fhis franchise,FrAncli see wa�antS: 1. Tliaf frawhase&6-s MI fight and authority-to W6x into'aM,perform tits. j Francfi •;iti:aceprdance wiflt.flie tercns;hemof,aid by entering.into or,performing this Franchise; "Franchisee is!notin violation of its charter or,by—tom,car any law,rq&ja#oA,so_r agrgement bq lii 4 it i$.�tititid:gt to which it s..subjoc; tid I "That the:execution, sbE.e�:duly anthonted by..all.requisite Board/ComittiWon action,-that the,6gnatories:for.Franchisee of the ac.eeptance h6gofa#e Gilt ipi izbd tcs i i tliis F�anchisc,and thpt'tfte joiYidc#t i:consettf:d iii} atkier !; party;.iii�lud g a-pgtut; truS}ee; oT 1ef`eree; is.riot.#oeessary..tq_irigke,val.d:.:ancf et ective ttia execution;delivery,and performance of:this Franchisee and,acceptance; j r A7`FD attxItou;.Wastingkan tris . day of 20 APMOVVIY3:. _flQA I7'Off° Cjt XSSIC�lV>y lvl�i�b�(�O11N'tY.,"i74A'$I�INGT+C��' -COUNTY�RGINEM I ndy Neathcriin,.:Chair ApNove:-as to fornix Terri lixeXler;Vice Chair. s Tim•:Whitehead,Ch.DPA. r 1 i f i! 20 € i t F.zhitiit'A AC-0 - AN-E:OF FRAN.CME" Ot;jA,Ance NQ. 115-06, eefiue Novendber 14:2006, :and, the autt�ontiedrepresentativs to accept:the above-referenced franchise on.b-ehalf of I fy that tw francliise:and a1..1 tertns and-conditions thereof are accepted by ���+��Itc.�. I'�`a `v�itli,ottt.:qua4ific�t}l�c�rreservatiti#>4 DATED this day of -:20 , �R�►�v(SIIIS�E . x� i � r-( E Tr.Td.No.. SPATE-01p KA� COUN Y bF 1"1:��:bN ICeitifythat. .knQWfir.hakq:sstisfacfo + is ihp. petspu v41ip. Pear .persgiiacl ioivledged tltat:hi'-sKe sighed this ipstrumCAt,,on oath stated thatfit/shp Ives 8tithori ed#o eine the dacknowjedged_it,as thi P FS jI�E(�(T of the �I:.fs:Fl. 1 11x1 HILL, toteihe#reeand valuntaryact-nfsuchparEyfortheuse"s,and Ptit�o rriep#ioged in the itastnttitettt, Qtai3�Pu>;lia _ Print.Name1 My_cotnmission:expires 1,01 Al6a KATIE M PATTI_ Notary Public Sta(e ui Wash(ngton Mi Apbolntmen(Expires bct-2-1,2020 4. A ii Description of Franchise Area. ii 7o. i RECORDED ATTHE REQUEST OF AFTER. Q1tDW RETURN M County of Mason.. :160 Wei PntiSlc Warks Drste Atxn;; County ftineet, Ota� CUUNW OF MAS�0 4� a jegg subdMilbhof the state of-Wubl ptou. Grantee: LegaPDescrinfion-of:Benefited Property I:���1.ISeaclipfiQn: ,As"sesso,eg Tax Pai'e1 MA— VICINITY MAP— RIVERHILL HOMEOWNER'S ASSOCIATION � m � J 5 _ — !.. "A1 O � _ r Approximate Water Service Area Z jr 4w rn Zz- ' � `; ! ✓� # NE GARRICK LN `m �'1 fit•,+ r . •.� � )ilf'i ��`af'� a '� ,,y.n / f — #87280 + �.;, KIR .RD• U v 1 1 NE EWK/Rk r EKATCHEMA ►� � O K�N ,j;'Isr..r�tlE.iSILLAHi,6"JAYgCEgC�I I� TF�y iw� L fir+' Nt ? low- a NOTICE OF HEARING FOR FRANCHISE AGREEMENT NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold a public hearing at the Mason County Courthouse Building I, Commission Chambers, 411 North Fifth Street, Shelton, WA 98584 on Tuesday, July 3, 2018 at 9:30am. SAID HEARING will be to consider the following application for a Franchise Agreement: Riverhill Home Owner Association (HOA) is applying for a Franchise Agreement with the County for an existing water system within Riverhill Drive, Mahoney and Riverhill Lane county right-of-way. Citizens of Mason County are invited to attend said hearings. For questions contact Terry Conley, (360)427-9670, Ext. 614 or if special accommodations are needed, contact the Commissioners' office at (360)427-9670. From Belfair area, please dial (360)275-4467; from the Elma area please dial (360)482-5269, Ext. 419. DATED this 12th day of June, 2018. BOARD OF COUNTY COMMISSIONERS OF MASON COUNTY, WASHINGTON Melissa Drewry, Clerk of the Board Cc: Auditor Clerk of the Board Public Works Applicant Journal - Publ 2t: 6/21/18 & 6/28/18 (not less than 5 days prior to hearing) Post: 3 public places 15 days before hearing — No later than June 19, 2018 (Bill Public Works — 100 W Public Works, Shelton, WA 98584) MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: John Huestis, PE, Deputy Director/County Engineer DEPARTMENT: Public Works EXT: 450 BRIEFING DATE: June 4, 2018 PREVIOUS BRIEFING DATES: (If this is a follow-up briefing, please provide only new information,) ITEM: Wetland Delineation Services — Skokomish River Basin Ecosystem Restoration EXECUTIVE SUMMARY: Public Works requests Board authorization to select a consultant for wetland delineation services in an amount not to exceed $50,000. The Board previously authorized Public Works to enter into a contract for 2017 — 2018 on-call archaeological services in an amount not to exceed $50,000. The Army Corps of Engineers will use the archaeological and wetland work products to complete design of the Skokomish River Basin Ecosystem Restoration projects. BUDGET IMPACTS: Expenditures for this work will be paid for out of Fund 192 (Skokomish Flood Control Zone Fund). The expenditures will count as Work-in-Kind (WIK) under the design agreement between Mason County, the Skokomish Indian Tribe and the Department of the Army. The local sponsors are responsible for 35% of the total design costs and the Federal sponsors contribute 65% under this design agreement. The Mason Conservation District secured grant funding to cover the local sponsor design costs. Fund 192 will be reimbursed by Floodplains by Design administered by Mason Conservation District. A budget amendment for Fund 192 is recommended to account for additional grant revenue and design expenditures for the Skokomish Ecosystem Restoration General Investigation. RECOMMENDED ACTION: Recommend the Board authorize Public Works to select and the County Engineer to sign the agreements for wetland delineation services from the County MRSC Consultant Roster. The maximum pay-out is not to exceed $50,000. Public Works will announce the consultant selection during a regular scheduled Commission meeting. Briefing Summary MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Bart Stepp, Deputy Director/ Utilities and Waste Management DEPARTMENT: Public Works EXT: 652 BRIEFING DATE: June 4, 2018 PREVIOUS BRIEFING DATE: ITEM: Extend SWAC Membership of Delroy Cox to October 31, 2018 EXECUTIVE SUMMARY: The Solid Waste Advisory Committee is made up of citizen and industry members. Three member appointments ended in May (Delroy Cox, Rik Fredrickson, and Eric Nelson). Delroy Cox, a solid waste industry representative, had expressed interest in staying on until the Comprehensive Solid Waste Plan is approved by Ecology, but did not want to stay on after that. Currently the SWAC is down to 3 voting members out of a possible 12. Having Delroy stay on for a while longer would definitely help with the continuity of the Committee. Cost Impact to the County: No cost impact to the county. RECOMMENDATION: Recommend extending Delroy Cox's appointment through 10/31/18. Attachment: Delroy Cox SWAC Application Briefing Summary MASON COUNTY COMMISSIONERS 411 NORTH FIFTH STREET SHELTON WA 98584 Fax 360-427-8437; Voice 360-427-9670, Ext. 419;275-4467 or 482-5269 1 AM SEEKING APPOINTMENT TO THE MASON COUNTY SOLID WASTE ADVISORY COMMITTEE NAME: DELROY COX ADDRESS: PHONE: 360- CITYIZIP: VOTING PRECINCT: WORK PHONE: 98520 E-MAIL: 360- (OR AREA IN THE COUNTY WHERE YOU LIVE) ........................................................................................................................................................................................................................................................................................................................... COMMUNITY SERVICE EMPLOYMENT: (IF RETIRED, PREVIOUS EXPERIENCE) (ACTIVITIES oRMEMBERSHIPS) : COMPANY: JDEL CONSULTING-8 YEARS YRS ATTEND SWAC MEETINS AS AN INTERESTED I PARTY POSITION: SOLE OWNER COMPANY: HAROLD LEMAY ENT. INC-43 YEARS YRS POSITION: REGIONAL MANAGER ..........................................................................................................................................:................................................................................................................................................................................: In your words, what do you perceive is the role or purpose of the Board, Committee or Council for which you are applying: The purpose of the committee is to develope a Solid Waste Management Plan which meet the needs and wishes of Mason County. e committee is an advisory board maRing recommendations or solid wase management, recycling and wase reduction programs. Education is an important part of the process The committee also has to make sure the plan addresses compliance with state and local regulations,permitting and enforcement.The committee makes recommendations to the county commissioners for final aproval. What interests, skills do you wish to offer the Board, Committee, or Council? a landfill, constuction of two transfer stations and help create and manage from 1992 to 2008 the transportation and Please list any financial, professional, or voluntary affiliations which may influence or affect your position on this Board: (i.e. create a potential conflict of interest) As a consultant Waste Conections Inc. is a client. I'm a member of the Grays Harbor and Thurston County Solid Wastes Your participation is dependent upon attending certain trainings made available by the County during regular business hours(such as Open Public Meetings Act and Public Records). The trainings would be at no cost to you. Would you be able to attend such trainings? yes Realistically, how much time can you give to this position? ❑Quarterly RI Monthly IR Weekly ❑ Daily Delroy Cox 4/17/2015 Signature Date J:\FORMS\Advisory Board Application.doc r 1 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Bart Stepp, Deputy Director/ Utilities and Waste Management DEPARTMENT: Public Works EXT: 652 BRIEFING DATE: June 4, 2018 PREVIOUS BRIEFING DATE: April 16 & 23, 2018 ITEM: Recycle Material Values EXECUTIVE SUMMARY: The County has a contract with Mason County Garbage Co. Inc. to haul and service blue box recycling containers at our solid waste facilities. This contract expires in August 2020. Historically China has been the main consumer of our mixed waste paper materials. They are no longer accepting mixed waste paper which has led to a drastic change in prices for mixed waste paper. Due to the drop in prices Mason County Garbage Co. Inc. has asked for an amendment to the contract for an additional surcharge to pay for the costs of paper recycling. The Board discussed this on April 16th & 23rd and requested that the Solid Waste Advisory Committee (SWAC) discuss this issue and make a recommendation to the board on how to proceed. The SWAC discussed this at the May 16th meeting and has the following recommendation: 1) Continue providing mixed waste paper recycling in the blue box program. 2) Complete an amendment with Mason County Garbage Co. Inc. to add a surcharge for hauling paper so Mason County Garbage Co. Inc. does not lose money. 3) Have a surcharge cap in the amendment. If prices exceed the cap the County would place the paper in the Eells Hill solid waste containers and avoid paying the surcharge. 4) The surcharge amendment would be reviewed at the end of 2018 or earlier to determine if it was still needed. 5) Send out a press release stating that the County may be forced to dispose of mixed waste paper in the landfill if the surcharge exceeds the cap or if recycling facilities stop accepting mixed waste paper. The average monthly cost for us to recycle mixed waste paper currently is $158.76/ton. In comparison the cost for us to landfill solid waste with Republic is $55.71/ton and operational costs are around $35/ton for a total cost of $90.71/ton. Mason County Garbage indicated at the 5/16/18 SWAC meeting the surcharge based on current pricing would be $79/haul. I propose that we cap the surcharge at $110/haul. Above that pricing we would have Mason County Garbage Co. Inc. just dispose of the paper at Eells Hill. Briefing Summary r Cost Impact to the County: A surcharge of $79/haul would increase annual recycling costs to the County by about $17,500. Solid Waste Fund #402 can handle that increase in 2018 without increasing tipping fees but tipping fees would probably need an adjustment above CPI in 2019 to account for the surcharges. If surcharges for other materials were required the increase would be larger. RECOMMENDED OR REQUESTED ACTION: Approve SWAC recommendations to create surcharge with cap for Mason County Garbage Co. Inc. If pricing exceeds the cap or recycling facilities stop recycling paper, then the County would dispose of the mixed waste paper into Eells Hill containers for landfill disposal. If commodity prices increase then the County would resume recycling of mixed waste paper. Briefing Summary MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: SOLID WASTE ADVISORY COMMITTEE FROM: Bart Stepp, Deputy Director/ Utilities and Waste Management DEPARTMENT: Public Works EXT: 652 MEETING DATE: June 4, 2018 PREVIOUS BOCC BRIEFING DATES: ITEM: COUNTY CURBSIDE RECYCLING CODE DISCUSSION EXECUTIVE SUMMARY: As part of the board discussion regarding blue box recycling, the Commissioners brought up the issue of curbside recycling and asked that the SWAC discuss this and make a recommendation on whether any changes are needed. Our current code regarding curbside recycling is Chapter 13.30, Minimum Levels of Service for Residential Recycling Collection. The ordinance requires anyone that has curbside garbage service to also pay for curbside recycling. Our current ordinance requires that haulers collect the following materials: 1) Cardboard 2) Metal Cans 3) Mixed Waste Paper 4) Newspaper 5) Plastics #1 and #2. This basically includes any bottle with a neck narrower than its base. The hauler may accept other plastics but they are only required to collect #1 and #2. If changes are needed to what is recycled there is language in the code that states: 13.30.030 F. Amending the List of Required Materials: Prior to proposing any amendments to the list of materials to be collected, the County will negotiate and mutually agree upon any proposed changes to the collected materials list with the haulers. The SWAC discussed curbside recycling at their May 16th meeting. The discussion points were: 1) The current recycling participation rate is around 80%, meaning about 80% of customers leave their recycling carts out every week. When Mason County Garbage did a voluntary pilot program in Lakeland Village prior to mandatory recycling, the participation rate was 30 — 35%. That level of participation makes curbside recycling financially infeasible. There simply wouldn't be enough customers to pay for the service. 2) Curbside recycling reduces the amount of solid waste going to the landfill. Because Mason County Garbage is charged by the ton for their solid waste, eliminating curbside recycling would increase their solid waste disposal costs and those costs would be passed on to their customers. Due to the money they receive back on some recyclables, Mason County Garbage charges less for recycling than solid waste on a per tonnage basis. The elimination of mandatory curbside recycling would increase solid waste fees more than the current cost associated with recycling, even for customers who choose not to set out their recycling carts. 3) Prior to the implementation of curbside recycling, the County had 13 different blue box drop sites instead of the current 4 sites at our solid waste facilities. Because these sites were not staffed they became a place for illegal dumping. 4) Since curbside solid waste disposal is voluntary, an increase in solid waste costs could result in fewer customers using curbside service. This could lead to an increase in illegal dumping from people unable to afford curbside service or self-hauling of solid waste. RECOMMENDED OR REQUESTED ACTION: The SWAC's recommendation is to not make any changes to the curbside recycling program. The drop in mixed paper prices could lead to an increase in recycling costs next year from Mason County Garbage, but the other recyclables that do have value would still make recycling cheaper than solid waste disposal for customers. Attachments: Mason County Code Chapter 13.30 5/30/2018 Mason County,WA Code of Ordinances Chapter 13.30-MINIMUM LEVELS OF SERVICE FOR RESIDENTIAL RECYCLING COLLECTION Sections: 13.30.010-Purpose and intent. A. The purpose of this chapter is to define minimum levels of service for curbside recycling collection,which shall be provided to households serviced by the solid waste collection company operating in the urban and rural areas of Mason County. B. It is the intent of the Commission to: 1. Establish residential recycling programs as an integral component of the collection of solid waste, incorporating the State's goals to make"source separation of waste a fundamental strategy"and to"make recycling at least as affordable and convenient to the ratepayer as mixed waste disposal." 2. Increase diversion of recyclables from single-family and multi-family residences,and condominiums in Mason County. 3. Make recycling easier and more convenient for residents through use of efficient collection systems; 4. Retain low-cost strategies to encourage participation; 5. Encourage the private sector to develop and operate the recycling facilities that are needed to process and market recyclables collected in Mason County and its cities and towns. (Ord. No. 68-09, Exh.A,8-4-2009) 1130.020-Definitions. For the purposes of this Chapter,certain terms, phrases,and words,and their derivatives,shall have specific meanings as defined in this Section.Terms, phrases,and words used in the singular shall also apply to the plural.Terms,phrases,and words used in the plural shall also apply to the singular. A. "Automated recycling container or cart,"means a wheeled,plastic receptacle designated for the collection of recyclables and designed to be picked up and emptied by mechanical means into the company's collection vehicle. B. "Automated Collection" means a route serviced by a vehicle with mechanical means to pick up garbage and recycling at the customer's residence. C. "Cities" means the cities and towns within Mason County that have signed interlocal agreements with the Board of County Commissioners to adopt and implement the Mason County Solid Waste Management Plan. D. "Commodity credit" means the amount of recycling revenue returned to residential customers from the sale of recyclable materials collected through curbside residential programs,as required by the Washington Utilities and Transportation Commission. E. "Mobile Home Park" means a tract of land designed and maintained under a single ownership of unified control where two or more spaces or pads are provided solely for the placement of mobile or manufactured homes for residential purposes with or without charge.The mobile home park is billed for solid waste collection service as a whole and not by individual dwelling units. F. "Multi-family residence" means any residential structure containing two or more dwelling units with the units joined to one another and where the structure is billed for solid waste collection service as a whole and not by individual dwelling units.This may include,but is not limited to,apartments and condominiums. G. "Recyclable materials"or"recyclables"means those solid wastes that are separated for recycling or reuse and thus diverted from landfill disposal. 1/7 5/30/2018 Mason County,WA Code of Ordinances H. "Recycling rate" means the percentage rate achieved by dividing the total tonnage of recyclables by the sum of& of waste disposed added to the total tonnage of recyclables. I. "Set-out counts" means the number of single-family residential customers that set-out their recyclables containers every collection day;or a monthly average of the set-outs as compared to total number of single- family customers. J. "Single-family residence" means any residential dwelling receiving solid waste and recycling collection service where the owner or tenant is billed for solid waste collection service to the dwelling as an individual unit.This may include, but is not limited to,duplexes, mobile homes within mobile homes subdivisions,or attached single-family structures such as townhouses, row houses,or triplexes. K. "Single-stream collection"means the collection of designated recyclables commingled in one covered,wheeled container,collected with automated or semi-automated trucks. L. "Solid waste collection company"means a privately owned solid waste and recycling transportation company or"hauler",which provides collection services in rural and urban designated areas of Mason County and is regulated by the Washington Utilities and Transportation Commission(WUTC)under the provisions of Chapter 81.77 RCW.The companies may be collectively referred to as"certificated haulers"and means every person or his lessees, receivers,or trustees,owning,controlling,operating or managing vehicles used in the business of transporting solid waste for collection and/or disposal for compensation over any public highway whether as a "common carrier"or as a"contract carrier." M. "Source separation" means the separation of different kinds of solid waste at the place where the waste originates. N. "Washington Utilities and Transportation Commission"or"WUTC"means the State agency,which regulates privately owned solid waste collection companies who provide collection service to the unincorporated areas under a G certificate. (Ord. No.68-09, Exh.A,8-4-2009) 13.30.030-Minimum levels of curbside recyclables service for single-family residences. The minimum levels of service for single-family residential curbside collection in Mason County shall include the following: A. Single-Stream Collection Service. 1. Collection companies shall offer every-other-week(EOW),single-stream curbside collection of recyclables to all single-family residences that subscribe to automated curbside solid waste service. 2. The collection companies shall provide the curbside recycling collection with all combinations of automated solid waste cart service approved by the Washington Utilities and Transportation Commission (WUTC)for their respective certificated areas. Residents in automated service areas may request curbside recycling service without having solid waste service at a rate set by the Washington Utilities and Transportation Commission. 3. The collection services to the customers shall be on the same day as garbage collection,unless the collection company can demonstrate to the County that an alternative collection schedule is necessary because of geographic or development limitations,such as road width or density,that require an alternative truck system or collection schedule. a. The hauler shall identify the location of the area affected;the alternative collection schedule;and the reasons supporting the alternative. b. The County shall consider whether the number of customers affected is minimized;that program participation is not adversely affected;whether there is substantial cost savings due to the 2/7 5/30/2018 Mason County,WA Code of Ordinances alternative schedule;whether an alternative collection schedule can result in higher levels of participation and recycling;and other information presented by the hauler. B. Recycling Collection Containers. 1. Collection companies shall provide one wheeled container of approximately ninety-six-gallons to each of their single-family customers signed up for curbside collection.The containers shall be made of durable plastic materials and manufactured using a maximum percentage of recycled materials that meet specifications. 2. Collection companies shall provide a process for customers to request and receive an alternative sixty- four-gallon wheeled container for those customers who feel they do not generate enough recyclables to fill the standard size container or who feel its size is too unwieldy for them to move or store.There will be no change in monthly service fees for the difference sizes of recycling containers. 3. All containers shall contain,or have attached, information about the proper preparation of materials and the name of the certified hauler.The information may be stamped into the container,on a waterproof sticker,a combination of both,or some other alternative,which provides the customer with sufficient permanent information to be able to contact the hauler. If stickers are chosen,hauler shall provide replacements to all customers in Mason County when normal aging and weather exposure has made them unreadable. 4. Replacement of the containers necessitated by normal use or by container damage due to the haulers negligence shall be the responsibility of the hauler. Replacement necessitated by container damage or loss due to the customer's negligence shall be at the customer's expense. C. Exceptions:Collection Alternatives for Restricted Access or Storage Situations,or for Residents with Limited Mobility. 1. Criteria:Collection companies shall have a process in place to work cooperatively with residents to tailor the single-stream recycling collection service to meet the needs of residents in situations where: a. Private driveways are inaccessible or incapable of withstanding the weight of collection trucks and collection of recyclables or garbage cannot be provided under the approved drive-in rate tariff for such situations; b. Because of long,steep and/or winding driveways,a resident would have difficulty in moving a large recycling container, manually or by vehicle,from their house to the public access road for collection; c. A resident could not provide a storage place to keep recycling or garbage containers at the end of the driveway close to the public access road; d. Truck access or container size is in any way otherwise restricted due to density and road width or where outside container storage is limited by homeowners'association covenants;or e. Residents with special needs,such as physical infirmity or physical limitations,with no able-bodied person living in the residence to set out the container,and need reasonable accommodation. 2. Alternatives:Collection companies shall offer alternatives that suit their collection system or the particular customer's limitation.The alternatives may include: a. A drive-in tariff rate and/or a walk-in tariff rate for those situations where a recycling truck can negotiate the long-driveway and where the driveway can support the weight of the truck. b. Any other solution mutually agreed to by the customer and the solid waste collection company per WAC 480.70.366. 3. Monitoring Alternative Service Options:The Solid Waste Collection Company shall maintain an updated list of customers who have requested an alternative collection system,a description of the problem and of the chosen solution,or how the problem was otherwise resolved,and will provide an annual list to Mason County. 3/7 5/30/2018 Mason County,WA Code of Ordinances 4. Nothing in this section shall either prevent or require collection companies from developing a centralized di neighborhoods,to be maintained by the hauler,where such access problems are clustered or where coven storage of containers. D. Materials Collected.The following recyclable materials,at a minimum,shall be collected from single-family residences when properly prepared and meeting the material description as specified. 1. Cardboard:Corrugated cardboard and Kraft paper,including unbleached, unwaxed paper with a ruffled ("corrugated")inner liner. 2. Metal cans:Tin-coated steel cans and aluminum cans,excluding aerosol spray cans. 3. Mixed-waste paper:Clean and dry paper,including:glossy papers; magazines;catalogues; phone books; cards; laser-printed white ledger paper;windowed envelopes; paper with adhesive labels; paper bags; nonmetallic wrapping paper; packing paper;glossy advertising paper; chipboard,such as cereal and shoeboxes;juice boxes; and milk-style cartons of the refrigerated variety(non refrigerated products contain aluminum linings). 4. Newspaper: Printed groundwood newsprint,including glossy advertisements and supplemental magazines that are delivered with the newspaper. 5. Plastics: Bottles and jars#1-2: primarily polyethylene terephthalate(PET-#1),such as soft drink,water, and salad dressing bottles;and high-density polyethylene(HDPE-#2)such as milk,shampoo,or laundry detergent bottles; including any bottle with a neck narrower than its base. E. Optional Materials. Nothing in this chapter shall prohibit a hauler from exceeding the minimum requirements set forth above by collecting additional materials including,but not limited to,food waste,yard waste,scrap metal,glass,or other types of plastic,or other materials in the future. F. Amending the List of Required Materials. Prior to proposing any amendments to the list of materials to be collected,the County will negotiate and mutually agree upon any proposed changes to the collected materials list with the haulers. G. Recycling Collection Rates.Collection companies shall request the Washington Utilities and Transportation Commission(WUTC)to approve a rate structure,which includes the costs to implement the modified single- stream residential curbside recycling program for all solid waste customers contained in Section 3 of these minimum levels of service.The collection companies shall include the following elements in the tariffs proposed to the WUTC: 1. A rate structure designed to provide customers with adequate options and incentives to reduce their level of solid waste collection service as a result of their participation in waste reduction and recycling programs. 2. The rates shall include the costs of the containers,stickers,collection equipment and staffing. 3. Collection rates should include a separate delivery service fee equal to or less than the replacement cost of the bins.This service replacement cost shall not apply to the first-time delivery of the standard-sized container,or for the first-time delivery of a smaller sized container when the smaller size is requested by the customer. 4. Rates should include but are not limited to the haulers'costs for the mutually agreed upon coordinated public outreach program, monitoring set-out participation,and any other costs for the data reporting system required by the County. 5. The haulers shall capitalize and amortize the equipment costs as determined by the WUTC. (Ord.No. 68-09, Exh.A,8-4-2009) 13.30.040-Customer service responsibility and coordinated public outreach programs. 4n 5/30/2018 Mason County,WA Code of Ordinances Collection companies shall work with the County to develop and implement a coordinated public outreach program. A. Haulers'customer service responsibilities shall include, but not be limited to: 1. Notifications of new service availability, program sign-up,container delivery, bin stickers,explanation of rate structure,schedule of collection days and container replacement information. 2. Delivery of containers within ten days of a request for service with collection service beginning within thirty-five days of a request. 3. A telephone hotline within their certificated area,which shall be: a. Accessible to residents for the purpose of providing program information and accepting service complaints,including after hours. b. Capable of responding to a large volume of phone calls. c. Clearly shown on the collection equipment,included in all mailings,and on other publicity materials. 4. A process to resolve participation problems if access to the program is restricted due to impassable road conditions,other than those occasionally caused by severe weather situations. If the hauler deems the road conditions are regularly impassable by collection vehicles,the hauler will work with customers to determine a mutually agreed upon location for the collection of recyclables,preferably from the nearest roadway which is accessible by the hauler's collection vehicle. S. Notification to both new and ongoing solid waste customers of:different solid waste collection service options including cart sizes,frequency,and costs; recycling container provided to all solid waste customers. Hauler shall notify solid waste customers of the above during phone calls,in billing inserts and special mailings,on their website and during new service sign up procedures. Hauler will ensure that website is updated and links to Mason County specific information are working.The website shall also provide a link to Mason County Utilities and Waste Management to provide residents with additional waste disposal and reduction information. B. At the initiation of a new collection program to allow for coordination of promotional and educational efforts, haulers shall provide the County with container delivery schedules and collection schedules showing where implementation will begin by geographic areas. Implementation may be staged. C. County responsibilities shall include the development of a countywide public outreach program.The program should include: 1. Newsletters mailed to all households and handouts for self-haulers. 2. News releases and an advertising campaign. 3. Coordination of design of brochures and other materials with information on the new program to be mailed to customers via hauler billings or to be distributed with new bins by the hauler.Ongoing design of brochures and other materials,to be included with hauler billings,that educates residents on the curbside recycling program as well as various waste reduction methods above and beyond curbside recycling. 4. An Internet website describing the haulers'services, how to sign-up for the new program,how to resolve a service complaint,and information about drop-off alternatives and other County programs. 5. An email address to allow residents with opportunity to request brochures or other materials and to ask for additional information or help. 6. Traveling exhibits. 7. Incorporation of information about programs into youth and adult environmental education programs. 8. Presentations to civic groups. 5R 5/30/2018 Mason County,WA Code of Ordinances 9. Staffing sufficient to provide information to customers with inquiries. • 10. Automated telephone information line. rd. No.68-09, Exh.A,8-4-2009) 13.30.050-Reporting requirements for residential recyclables collection. Collection companies shall provide the County with regular and accurate reports of data on all residential recycling collection services as determined necessary by Mason County for evaluating the effectiveness of recycling programs. A. Single-Family Curbside Recyclables Collection Program. 1. At a minimum,annual reports will be provided by March 1 the next calendar year and shall contain the flowing data,broken down by each month and by certificated area. •The number of single-family solid waste collection customers subscribing to each level of garbage collection service. •Aggregate tonnage of recyclable materials collected from single-family customers per year. • Recyclables collected per single-family customer expressed as average pounds of recyclables generated per customer. •Aggregate tonnage of solid waste disposed of from single-family customers. •Subscribing customer recycling rate participation. • Log of unresolved customer complaints with summary of measures taken to resolve any problems. •Any percentage residue amounts or contamination problems reported by processing facilities. • Summaries of tons and value of single stream materials sold. 2. Annual reports shall include an analysis of the effects of changes in services and areas served or problems that were encountered and any suggested changes to increase efficiency and participation in the curbside program. (Ord. No.68-09, Exh.A,8-4-2009) 13.30.060-Disposal limitations and materials marketing preferences. A. Solid waste collection companies shall use processing facilities that have obtained all applicable local,state,and federal permits.Whenever possible, local businesses shall be given priority and should be used to receive recyclables for purposes of processing,handling,or remanufacturing the materials into new products. B. The haulers shall not under any circumstances dispose of marketable recyclables by landfilling or incineration. Contaminated single stream materials may be disposed with permission from County staff. C. Recyclable materials shall be marketed for highest possible use,as noted in the Washington State Beyond Waste Plan,current solid waste issues,Chapter 2. (Ord. No. 68-09,Exh.A,8-4-2009) 1.30.070-County notification of WUTC tariff filings. 6n 5/30/2018 Mason County,WA Code of Ordinances Whenever a collection company files a proposed tariff revision for solid waste and recyclables collection rates with the WUTC, the collection company shall simultaneously provide the County with copies of the proposed tariff submitted to the WUTC and all pporting materials.Any propriety information provided to the County shall be handled as confidential to the extent allowed by V. A. The County shall review the rates for compliance in relation to the Mason County Solid Waste Management Plan,and minimum service level ordinances. B. After tariffs are approved by the WUTC,the collection company shall notify the County of the approved rates and the effective dates. (Ord. No. 68-09, Exh.A,8-4-2009) 13.30.080-Full program implementation. If it is determined that the programs specified in this chapter are not fully implemented after a reasonable interval of time to promulgate,implement and expand the program countywide,the Mason County Board of County Commissioners, or the Utilities and Waste Management Director may notify the WUTC that the County will exercise its authority under RCW 36.58.040 to contract for the collection of recyclables from residences in Mason County. A. Full Implementation.The programs shall be considered fully implemented when the following conditions are met: 1. The certificated hauler has received approval by the WUTC for its tariff filings for recyclables;and 2. The services will be available to all subscribing customers who desire service. )rd. No.68-09, Exh.A,8-4-2009) 13.30.090-Commodity credit. Under RCW 81.77.185,the Utilities and Transportation Commission shall allow solid waste collection companies collecting recyclable materials to retain up to thirty percent of the revenue paid to the solid waste collection companies for the material.To receive this benefit,the company must submit a plan to the commission that is certified by the appropriate local government authority as being consistent with the local government solid waste plan and that demonstrates how the revenues will be used to increase recycling. Remaining revenue shall be passed to residential customers.The County requires an annual work plan proposal from the hauler to justify the revenue share to be reviewed and approved by the County staff. Review and acceptance of the proposal will include City and County staff and the Solid Waste Advisory Committee. (Ord. No. 68-09, Exh.A,8-4-2009) 7n MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: David Windom // Lydia Buchheit DEPARTMENT: Community Services EXT: 260 BRIEFING DATE: 6/5/18 (2 pm) PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEM: Housing/homelessness Local Document Recording Fees and Treatment Sales Tax RFP funding allocations EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): Housing/Homelessness: A total of 5 agencies submitted 9 program proposals requesting a total of approximately $670,000 dollars on a budget of$368,875. Treatment Sales Tax: A total of 4 agencies submitted 4 proposals requesting $473,474 on a budget of$250,000. BUDGET IMPACTS: Housing/homelessness: $368,875 Treatment Sales Tax: $250,000 RECOMMENDED OR REQUESTED ACTION: A decision to allocate funding amounts so award letters can be sent, and contracts drafted. Contract effective date target is July 1, 2018. ATTACHMENTS: Briefing Summary 5/29/2018