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2019/11/25 - Briefing Packet
Nov.25.1 BOARD OF MASON COUNTY COMMISSIONERS DRAFT BRIEFING MEETING AGENDA 411 North Fifth Street, Shelton WA 98584 Week of November 25, 2019 Monday, November 25, 2019 Commission Chambers 9:00 A.M. Meeting with State Legislators 10:00 A.M. BREAK 10:05 A.M Closed Session — RCW 42.30.140 (4) Labor Discussion 10:15 A.M. Support Services — Frank Pinter 10:30 A.M. Community Services — Dave Windom 10:45 A.M. Public Works — Loretta Swanson Utilities & Waste Management 11:15 A.M. Finance Committee 11:45 A.M. Sheriff's Office — Sheryl Hilt Commissioner Discussion — as needed Briefing Agendas are subject to change,please contact the Commissioners'office for the most recent version. Last printed 11/22/19 at 1:55 PM 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 November 25, 2019 In the spirit of public information and inclusion, the attached is a draft of information for Commissioner consideration and discussion at the above briefing. This information is subject to change, additions and/or deletion and is not all inclusive of what will be presented to the Commissioners. Please see draft briefing agenda for schedule. te7101 Mason County Meeting with WA State Legislators Draft Agenda Commission Chambers, 411 North 5th Street, Shelton Monday, November 25, 2019 9:00 a.m. 1. Welcome/Introductions — Chair Shutty 2. Review of Mason County projects: a. Belfair Sewer b. Culvert Projects c. Freight Corridor d. Johns Prairie Intersection with SR3 e. Building 10/District Court f. Regional Jail Study g. Skokomish Valley 3. Fair Share Funding Bill for Election Costs — Auditor Paddy McGuire 4. Court Clerk — Sharon Fogo 5. WA State Association of Counties 2020 Legislative Priorities — Cmmr. Sharon Trask 6. Updates from Legislators 7. Adjourn Agendas are subject to change, please contact the Commissioners'office for the most recent version. Last printed 11/19/19 at 12:38 PM If special accommodations are needed, contact the Commissioners'office at ext. 419, Shelton #360-427-9670; Belfair#275-4467, Elma #482-5269. ]:\AGENDAS\2019\2019-11-25 mtg with state legislators.docx Mason County Support Services Department Budget Management .' Commissioner Administration 411 North 5th Street Shelton, WA 98584 Emergency Management Facilities, Parks&Trails I ) 360.427.9670 ext. 419 Human Resources Information Services Labor Relations Risk Management MASON COUNTY COMMISSIONER BRIEFING ITEMS FROM SUPPORT SERVICES November 25, 2019 • Specific Items for Review o 2020 Board assignments for Commissioners— Diane o October Financial Reports -Jen o Green Star presentation will be at December 10 Commission meeting— Frank o CDBG Microenterprise Loan Grant Status- Frank • Commissioner Discussion o Request for letter of support of YMCA's capital budget request—Cmmr. Shutty J:\DLZ\Briefing Items\2019\2019-11-25.docx BOARDS, COUNCILS, AND COMMISSIONS 2019 The County Commissioners represent Mason County by serving on a variety of boards,councils,and commissions as noted below. Randy Neatherlin (Commissioner District#1) Economic Development Council Board (Meets 2nd Thursday of each month;7:45-9:00 am at PUD auditorium—426-2276) North Mason Chamber of Commerce Board of Directors Mason County Audit Committee(Established by Resolution 77-16) Mason County Law Enforcement Officers/Fire Fighters(LEOFF) Board (meet 1st Tuesday,8 a.m.in Commission Chambers) Mason County Voting Accessibility Advisory Committee (VAAC) (meets when necessary)RCW 29A.46.260(2) Olympic Region Clean Air Agency(ORCAA)—Member(Meets 2nd Wednesday of each month from 10-12 noon approx.) Address: 2940B Limited Lane NW Olympia 586-1044) Peninsula Regional Transportation Planning Organization (PRTPO) Shelton Memorial Park Board of Directors—(Cemetery) (meet as necessary) Washington Counties Risk Pool—Board of Directors Member West Sound Alliance Steering Committee—Pamela Browning is contact,360-377-4900 Kevin Shutt/(Commissioner District#2) Board of County Commissioners, Chair Mason County Law Library Mason County Finance Committee Canvassing Board Alliance for a Healthy South Sound (AHSS) Executive Committee — (Andy Chinn is contact, 206-550-5568, meet as necessary. Website is Healthysouthsound.com) Criminal Justice Working Team (meets 3rd Wednesday,7:30 a.m. in Commission Chambers) MACECOM (meet 2nd Tuesday, 3 p.m. @ City of Shelton) Olympic Region Clean Air Agency (ORCAA) - Alternate Member (Meets 2nd Wednesday of each month from 10-12 noon approx Address: 29408 Limited Lane NW Olympia 586-1044) Peninsula Regional Transportation Planning Organization (PRTPO)-Alternate Thurston Mason Behavioral Health Organization (TMBHO) (Meet 3'd Thursday, 1 p.m.,Thurston Cnty Courthouse) Washington Counties Risk Pool—Board of Directors Alternate Member Building Code Council (SBCC)-Member, Appointed by Governor Jay Inslee(2018-2021) Sharon Trask (Commissioner District#3) Board of County Commissioners, Vice-Chair Community Action Council Board of Directors(Meet at 420 Golf Club Rd SE,Lacey) Courthouse Security Committee Lewis-Mason-Thurston Area Agency on Aging Council of Governments (COG) (Meets 4th Thursday of each month at 2 p.m.Address: 2404 Heritage Court SW,Suite A(first floor),Olympia,WA 98502 Mason County Lodging Tax Advisory Committee—Chair(meets when necessary) Memorial Hall Committee-Chair(meets last Wednesday every other month) Oakland Bay Clean Water Committee Pacific Mountain Workforce Development Council (PacMtn) WSAC Legislative Steering Committee (LSC) Washington Counties Risk Pool—Board of Directors Alternate WA Association of Counties Board of Directors (WSAC) ALL COMMISSIONERS Mason County Commissioners Mason County Board of Health Mason Transit Authority Mason County Elections Canvassing Board Hood Canal Coordinating Council (All Commissioners sit on HCCC, Mason County has 1 vote, Cmmr. Shutty is voting member— membership is designated by Resolution 97-19) Oakland Bay Clean Water District Board of Directors J:\BOARDS\Commissioner Boards 2019 with mtg times.doc November 21,2019 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Jennifer Beierle DEPARTMENT: Support Services EXT: 532 BRIEFING DATE: November 25, 2019 PREVIOUS BRIEFING DATES: N/A ITEM: Mason County Monthly Financial Report: October 2019 EXECUTIVE SUMMARY: Review of Cash Balances, and Current Expense Revenues and Expenditures through October of 2019. BUDGET IMPACTS: N/A RECOMMENDED OR REQUESTED ACTION: N/A ATTACHMENTS: Mason County Monthly Financial Report: October 2019 J:\Budget Office\Briefmg,Agenda,&Public Hearing Items\2019\Briefmg Summary 10.21.2019-October 2019 Financial Report.doc 4011111, 0 CTO IF: :tip- MASON COUNTY MONTHLY "x`a FINANCIAL REPORT 201 9 J:\Financials\2019 Financials\2019 October Financial Report.xlsx 1 4:1,,,..01 :0 u:s... , MASON COUNTY MONTHLY "� FINANCIAL REPORT OCTOBER. 2019 ,,,_ 2018 vs 2019 Current Expense Revenue Comparison Revenue Revenue Collected % Collected Actual dif 2018 Department Name 2018 Budget Through End of Uncollected 2018 2019 Budget Through End of Uncollected %2019 vs 2019 Month Revenue Month Revenue WSU Extension $ 33,868 $ 29,517 $ (4,351) 87% $ 28,440 $ 22,286 $ (6,154) 78% $ (7,231) Assessor 8,815 3,319 (5,496) 38% 6,000 9,417 3,417 157% 6,098 Auditor 762,267 556,072 $ (206,195) 73% 744,371 557,150 $ (187,221) 75% 1,078 Emergency Management 156,830 117,707 (39,124) 75% 83,207 60,933 (22,274) 73% (56,774) Facilities&Grounds - 500 $ 500 0% - 500 $ 500 0% - Human Resources - 7,231 7,231 0% - 2,166 2,166 0% (5,065) Clerk 351,420 259,113 $ (92,307) 74% 308,825 300,971 $ (7,854) 97% 41,857 Commissioners 2,448 2,454 6 100% 824 669 (155) 81% (1,785) Support Services 700 5,624 $ 4,924 803% 700 1,995 $ 1,295 285% (3,629) District Court 1,003,481 908,585 (94,896) 91% 893,787 854,463 (39,324) 96% (54,122) Community Development 1,640,810 1,534,261 $ (106,549) 94% 1,667,810 1,735,161 $ 67,351 104% 200,900 Parks&Trails 72,200 70,811 (1,389) 98% 42,200 34,094 (8,106) 81% (36,717) Juvenile Court Services 991,150 900,682 $ (90,468) 91% 1,026,628 1,008,243 $ (18,385) 98% 107,561 Prosecutor 177,793 130,434 (47,359) 73% 182,232 130,667 (51,565) 72% 233 Child Support Enforcement 275,503 142,137 $ (133,366) 52% 206,367 110,173 $ (96,194) 53% (31,964) Coroner 39,000 26,240 (12,760) 67% 39,000 32,020 (6,980) 82% 5,780 Sheriff 1,152,019 993,415 $ (158,604) 86% 1,166,039 985,049 $ (180,990) 84% (8,367) Indigent Defense 223,493 156,672 (66,821) 70% 204,767 117,075 (87,692) 57% (39,597) Superior Court 76,358 32,050 $ (44,308) 42% 48,550 32,225 $ (16,325) 66% 175 Family Court 2,500 2,184 (316) 87% 2,500 1,984 (516) 79% (200) Therapeutic Court 281,744 188,998 $ (92,746) 67% 579,041 193,952 $ (385,089) 33% 4,953 Murder Expenditures - - - 0% - - - 0% - Treasurer 23,758,359 22,801,110 $ (957,249) 96% 24,726,117 23,588,683 $ (1,137,434) 95% 787,572 Indirect Payments from Other Funds 3,917,846 2,483,131 (1,434,715) 63% 3,923,478 3,009,248 (914,230) 77% 526,117 Totals $ 34,928,604 $ 31,352,248 $ (3,576,356) 90% $ 35,880,883 $ 32,789,122 $ (3,091,761) 91% $ 1,436,874 Unaudited *Benchmark for Month is 83% • J:\Financials\2019 Financials\2019 October Financial Report.xlsx 2 c4cci .,---7,,,,,,,..\1MASON COUNTY MONTHLY OCTOBER x; FINANCIAL REPORT 20 Treasurer Department Receipts Treasurer#001-260-000 2018 Budget 2018 YTD This Month %2018 2019 Budget 2019 YTD This Month %2019 REAL&PERSONAL PROPERTY TAXES I 9,994,965 8,909,202 3,075,401 89% 10,169,566 9,195,836 3,113,815 90% SALES TAX TITLE PROPERTY - 1,691 1,691 0% - 518 51 0% LOCAL RETAIL SALES&USE TAX 5,000,000 4,467,302 528,279 89% 5,225,000 4,990,391 539,794 96% LOCAL PUBLIC SAFETY-CITY 35,000 33,423 4,235 95% 37,000 42,621 4,803 115% CRIMINAL JUSTICE 550,000 546,715 66,041 99% 600,000 637,716 70,082 106% LEASEHOLD EXCISE TAX 25,000 19,804 886 79% 35,000 18,478 548 53% FOREST EXCISE TAX - 358,585 0 0% - 360,646 0 0% FRANCHISE FEES 500,000 414,720 34,336 83% 510,000 459,972 81,012 90% PAYMENT IN LIEU OF TAX/B OF L 250,000 431,129 0 172% 275,000 288,550 0 105% PUD PRIVILEGE TAX 700,000 734,620 0 105% 700,000 723,453 0 103% DNROTHERTRUST2 100 63 0 63% 100 288 0 288% CITY-COUNTY ASSISTANCE 875,000 1,030,978 0 118% 1,362,676 1,128,624 0 83% DNR PILT NAP/NRCA 4,000 87 0 2% 4,000 - 0 0% CRIMINAL JUSTICE-COUNTIES 1,072,924 665,139 165,288 62% 680,000 701,020 185,189 103% ADULT COURT COST-JUVENILE OFFE 5,500 3,964 384 72% 5,000 3,949 412 79% CRIMINAL JST-MARIJUANA ENFORCE 18,300 88,776 0 485% 85,000 62,140 0 73% DUI-OTHER CRIMINAL JUSTICE A 50,300 15,082 3,670 30% 15,400 14,552 3,606 94% LIQUOR/BEER EXCISE TAX 95,000 198,519 16,212 209% 116,920 123,519 33,007 106% LIQUOR CONTROL BOARD PROFITS 200,000 51,141 0 26% 205,000 150,627 0 73% IN LIEU OF-CITY OF TACOMA 175,000 175,265 31,951 100% 175,000 165,392 16,539 95% PAYMNT FOR SRVCS-MASON LK DIST 475 500 0 105% 475 573 0 121% PAYMNT FOR SRVCS-ISLAND LK FND 75 120 0 160% 100 120 0 120% CHARGES FOR SRVCS-MACECOM 1,500 1,396 0 93% 1,400 1,316 0 94% RETURNED REMITTANCE(NSF)FEES 2,000 2,120 240 106% 2,400 1,920 240 80% REET COLLECTION FEES 90,000 103,533 11,211 115% 100,000 107,147 13,878 107% REET COLLECTIONS COSTS 8,500 7,800 825 92% 9,000 7,535 775 84% TREAS.FIRE PROTECTION ASSESSM 14,700 13,873 3,654 94% 15,000 13,885 3,536 93% TREAS OTHER WORD PROCESSING - 566 57 0% 400 360 41 90% PUBLIC DISCLOSURE CHGS SRVCS - - 0 0% 10 106 0 1063% DATA PROCESSING SERVICES 1,500 1,600 0 107% 2,000 1,601 0 80% 3 Treasurer Department Receipts Treasurer#001-260-000 2018 Budget 2018 YTD This Month %2018 2019 Budget 2019 YTD This Month %2019 GAMBLING TAX PENALTY 1,028 0 0% - 628 0 0% REAL&PERSONAL PENALTY - 50,007 10,189 0% 178,093 10,636 0% PERSONAL PROP FILING PEN - 17,869 3,555 0% - 20,371 3,374 0% PENALTY ON REAL&PERSONAL PRO 350,000 227,058 17,883 65% 350,000 106,946 4,940 31% FAILURE TO LIST PERSONAL PROP 14,000 3,202 1,727 23% 5,000 1,596 0 32% INTEREST&OTHER EARNINGS 300,000 505,913 55,408 169% 600,000 732,483 70,003 122% INVESTMENT SERVICE FEES(TREAS. 15,000 20,482 2,067 137% 24,000 21,777 2,097 91% INT.ON CONT.NOTES-ACCTS.HELD,S 5,000 9,423 1,303 188% 8,500 18,691 1,806 220% LEASEHOLD EXCISE TAX INTEREST - 5 1 0% - 10 3 0% EXCISE INTEREST - 56 1 0% 50 144 6 288% INV PURCHASED INT - (8,002) 0 0% - (2,303) (48) 0% INTEREST ON DELINQUENT PR TAX 650,000 532,850 85,545 82% 650,000 496,499 32,565 76% RENTS/LEASES-DNR TRUST 21,000 15,966 0 76% 500,000 18,979 0 4% RENTS/LEASES-DNR TMBR TRUST 1 250,000 854,529 0 342% - 493,654 14,058 0% UNCLAIMED MONEY/PROCEEDS-SALES - 25,430 0 0% - 104,516 2,268 0% TREASURER TAX FORECLOSURE TRUST 18,000 - 0 0% 32,000 - 0 0% CASHIER'S OVERAGES AND SHORTAG 10 (194) (71) -1939% 10 (542) (130) -5421% TAX DISTRIBUTION ROUNDING 10 (2) (0) -16% 10 (0) 0 -3% MISCELLANEOUS-OTHER REVENUE - 443 0 0% - 108 0 0% ROAD DIVERSION 2,160,000 1,962,520 672,485 91% 2,160,000 1,985,359 668,742 92% SALE OF TAX TITLE PROPERTY - 411 411 0% - 124 12 0% LEASEHOLD EXCISE TAX 2,500 4,007 215 160% 5,000 2,008 131 40% TIMBER EXCISE TAX 250,000 87,100 0 35% 53,000 85,946 0 162% DNR OTHER TRUST 2 - 37 (94) 0% 50 69 0 137% OTHER INT-DNR INTEREST 4,256 108 0% 50 148 34 295% RENTS&LEASES/DNR OTHR TRST 1 S0,000 209003 0 418% 2,500 120,522 3,355 4821% SPACE AND FACILITIES LEASES 3,000 - 0 0% 1500 - 0 0% Grand Total $23,758,359] $22,801,110 $4,795,095 96% $24,726,117 $23,588,683 $4,881,181 95% Unaudited*Benchmark for Month is 83% 4 i I M1 MASON COUNTY MONTHLY FINANCIAL OCTOBER 2019 REPORT 2018 vs 2019 Expenditure Comparison for Current Expense Expenditures Expenditures Unexended Actual dif Department Name 2018 Budget through End of Unexended %2018 2019 Budget through End of Budget %2019 2018 vs 2019 Month Budget Authority Month Authority WSU Extension 236,934 $ 173,848 $ 63,086 73% 267,872 $ 202,157 $ 65,715 75% 28,309 Assessor 1,159,421 956,034 203,387 82% 1,334,071 1,078,750 255,321 81% 122,716 Auditor 1,258,178 1,009,192 248,986 80% 1,345,142 1,118,475 _ 226,667 83% 109,283 Emergency Management 305,973 251,737 54,236 82% 223,056 195,665 27,391 88% (56,072) Facilities&Grounds 1,017,601 802,715 214,886 79% 1,179,000 875,764 _ 303,236 74% 73,049 HR/Risk Mngt 720,050 509,220 210,830 71% 738,873 546,177 192,696 74% 36,956 LEOFF 65,600 66,749 (1,149) 102% 100,000 58,209 41,791 58% (8,540) Clerk 895,518 712,642 182,876 80% 1,007,346 788,924 218,422 78% 76,281 Commissioners 341,240 279,397 61,843 82% 356,881 276,835 80,046 78% (2,562) Support Services 514,739 352,274 162,465 68% 527,667 424,200 103,467 80% 71,926 District Court 1,127,960 890,892 237,068 79% 1,263,137 904,478 358,659 72% 13,586 Community Development 2,032,165 1,575,094 457,071 78% 2,193,111 1,636,781 556,330 75% 61,687 Parks&Trails 379,658 319,361 60,297 84% 501,787 408,905 92,882 81% 89,544 Juvenile Court Services 1,793,978 1,366,981 426,997 76% 1,867,831 1,422,186 445,645 76% 55,205 Prosecutor 1,525,057 1,144,050 381,007 _ 75% 1,659,636 _ 1,107,492 552,144 67% (36,558) Child Support Enforcement 275,503 147,627 127,876 _ 54% 210,020 143,740 66,280 68% (3,887) Coroner 302,958 249,325 53,633 82% 310,249 258,551 51,698 83% 9,226 Sheriff 10,419,596 8,555,537 1,864,059 82% 10,614,904 8,642,325 1,972,579 81% 86,789 Traffic Policing 2,160,000 1,610,844 549,156 75% 2,214,252 1,703,840 510,412 77% 92,996 Courthouse Security 167,240 132,190 35,050 79% 170,740 129,253 41,488 76% (2,938) Indigent Defense 999,360 803,652 195,708 80% 1,006,254 784,681 221,573 78% (18,971) Superior Court 855,792 692,254 163,538 81% 903,142 711,665 191,477 79% 19,411 Family Court 2,500 2,088 412 84% 2,500 2,500 - 100% 412 Therapeutic Court 281,744 207,899 73,845 74% 595,346 328,109 267,237 55% 120,210 Murder Expenditures 50,000 26,712 23,288 53% 50,000 24,638 25,362 49% (2,074) Treasurer 727,704 557,336 170,368 77% 821,712 627,210 194,502 76% 69,873 Non Departmental 4,070,540 2,820,966 1,249,574 69% 4,198,247 2,948,159 1,250,088 70% 127,193 Transfers Out to Other Funds 965,950 713,022 252,928 74% 818,869 718,107 100,762 88% 5,085 Totals $ 34,652,959 $ 26,929,641 $ 7,723,318 78% $ 36,481,645 $ 28,067,775 $ 8,413,870 77% 1,138,134 tr 1, -r..:w ,,.-r4,--nr gy Unaudited *Benchmark for Month is 83% J:\Financials\2019 Financials\2019 October Financial Report.xlsx 5 s; 4k7,t7y Six Year Current Expense Specific Revenue Streams Comparison 10/31/2014 10/31/2015 10/31/2016 10/31/2017 10/31/2018 10/31/2019 Community Development Revenues $ 1,298,910 $ 1,316,364 $ 1,664,073 $ 1,393,150 $ 1,534,261 1,735,161 Swift& Certain Revenue $ 150,000 $ 404,337 $ 161,486 33,439 78,204 133,756 Current Expense Property Taxes 8,166,925 7,373,472 6,630,269 5,826,873 8,909,202 9,195,836 Road Diversion Property Tax 1,068,885 1,193,455 725,125 980,463 1,962,520 1,985,359 County Road Property Tax 7,391,851 6,441,236 5,837,756 7,436,889 7,820,321 8,115,347 Current Expense Sales Tax 3,172,286 3,672,250 3,784,971 4,078,708 4,467,302 4,990,391 Criminal Justice Taxes/Entitlements 1,104,133 1,139,030 1,181,042 1,220,505 1,319,678 1,419,377 Rural Sales & Use Tax Fund $ 424,018 $ 472,882 $ 489,988 $ 530,304 $ 578,512 $ 675,373 800.000 - 600 000 200000 ---- -IIIIIIr _= I -lir - L Corn Srvcs-Homelessess Preven Filings 274,155 293,946 328,341 374,913 476,869 592,896 600,000 450,000 300,000 150,000 - - _.. __L... 1 - lit Lodging (Hotel/Motel) Tax 250,555 274,105 310,814 323,357 377,149 475,609 600,000 450,000 300,000 -- `e -- - - - 150.000 --.. - .1-. -_ G . _ REET 1 Excise Tax Only 464,948 598,304 676,764 926,516 1,067,383 1,088,604 REET 2 Excise Tax Only 464,948 598,304 676,764 926,516 1,067,383 1,088,604 1,250,000 - - 1,000,000 -- - - - -_- _-- 750,000 - -� � zso,000 - -- 1�la�itil -_ - J:\Financials\2019 Financials\2019 October Financial Report.xlsx 6 11.C, 11,:, OCTO : ER I �`j� MASON COUNTY MONTHLY K, ... . „ 201 9 is�— FINANCIAL REPORT REVENUE MONTH 2018 REVENUE 2019 REVENUE DIFFERENCE JANUARY $ 372,449.24 $ 417,707.75 $ 45,258.51 FEBRUARY $ 479,665.97 $ 522,335.70 $ 42,669.73 MARCH $ 359,008.50 $ 415,075.81 $ 56,067.31 APRIL $ 336,177.46 $ 367,492.05 $ 31,314.59 MAY $ 462,937.56 $ 530,280.53 $ 67,342.97 JUNE $ 412,828.00 $ 489,373.95 $ 76,545.95 JULY $ 455,381.25 $ 517,176.50 $ 61,795.25 AUGUST $ 534,629.02 $ 614,829.65 $ 80,200.63 SEPTEMBER $ 525,946.26 $ 576,324.52 $ 50,378.26 OCTOBER $ 528,278.70 $ 539,794.06 $ 11,515.36 NOVEMBER $ 515,097.65 $ (515,097.65) DECEMBER $ 505,370.89 $ (505,370.89) TOTAL COLLECTED REVENUE $ 5,487,770.50 $ 4,990,390.52 Projected END OF YEAR REVENUE REVENUE BUDGETED $ 5,000,000.00 $ 5,225,000.00 $ 5,812,308.13 Yet to be Collected $ (234,609.48) ANTICIPATED INCREASE $ 587,308.13 12 MONTH ROLLING AVERAGE CHANGE '. 10.7% PRIOR MONTH 12 MO. ROLLING AVG CHANGE., 10.6% J:\Financials\2019 Financiais\2019 October Financial Report.xlsx 7 .ram _Ru . OCTO ;ER T 2019 Six Year Financial Recap Current Expense Recap 10/31/2014 10/31/2015 10/31/2016 10/31/2017 10/31/2018 10/31/2019 Account Receivable from Belfair Sewer 1,200,000 General Fund Operating Reserves 6,520,791 Contingency Reserve 1,000,000 Technology Replacement Reserves 200,000 Equipment&Vehicle Replacement Reserves 525,000 Accrued Leave Reserve 520,000 Current Expense Unreserved Cash 3,979,167 This Month Current Expense Cash $ 9,427,959 $ 9,301,968 $ 6,684,317 $ 4,949,942 $ 8,698,604 $ 12,744,958 Adopted Budget on December 31st 33,809,280 36,198,316 40,787,973 38,545,163 36,930,990 41,404,349 Supplemental Appropriations - - 4,950 654,840 1,059,364 263,253 Total Budget including Supplementals $ 33,809,280 $ 36,198,316 $ 40,792,923 $ 39,200,003 $ 37,990,354 $ 41,667,602 Budgeted Beginning Fund Balance 6,800,000 7,234,903 8,019,728 7,309,944 3,061,750 5,786,719 Budgeted Ending Fund Balance 5,239,165 4,315,462 4,019,489 4,801,241 5,185,957 5,185,957 Revenue Budgets 27,009,280 28,649,671 32,773,195 31,890,059 34,928,604 35,880,883 Revenues thru This Month of each year 25,161,509 25,850,797 27,798,724 28,652,848 31,352,248 32,789,122 Budgeted Revenues Received 93% 90% 85% 90% 90% 91% Expenditure Budgets 28,570,115 31,882,854 38,234,111 35,194,527 34,652,959 36,481,645 Lxpenditures thru This Month of each year 22,571,530 24,899,859 28,230,901 27,176,022 26,929,641 28,067,774 Budgeted Expenditures Expended 79% 78% 74% 77% 78% 77% J:\Financials\2019 Financials\2019 October Financial Report.xlsx 8 keg__ OCTOBER 2019 Special Fund Cash Balances 10/31/2014 10/31/2015 10/31/2016 10/31/2017 10/31/2018 10/31/2019 Rural County Sales&Use Tax Fund(.09) $ 523,854 $ 472,021 $ 519,944 $ 389,837 $ 578,180 $ 747,732 Auditor's O&M 379,525 267,414 219,249 251,711 284,537 289,567 County Roads Fund 6,610,796 7,760,339 11,753,667 11,345,991 11,525,701 10,937,034 Paths&Trails 206,852 218,267 230,306 243,054 256,363 268,586 Election Equipment Holding 195,464 211,312 255,350 271,058 158,241 170,419 Crime Victims 256,335 255,475 218,875 235,778 204,332 199,786 Victim Witness Activities 63,813 64,813 91,377 38,318 24,415 32,162 Historical Preservation Fund 82,970 51,447 38,026 40,030 43,381 27,456 Community Support Services Fund 458,726 432,335 430,799 542,728 804,229 738,576 Abatement/Repair/Demolition Fund 265,141 267,364 266,274 268,702 272,730 277,684 Reserve for Technology Fund 117,441 15,083 75,152 165,982 151,671 92,611 REET&Property Tax Admin Asst 52,254 59,956 68,931 80,291 74,863 78,247 National Forest Safety 50,375 67,356 86,828 39,465 47,726 28,213 Trial Court Improvement Fund 68,800 46,150 68,720 81,409 106,225 106,480 Sheriff Special Funds 431,544 278,120 267,785 257,883 262,172 234,714 Public Health Fund 162,463 300,631 147,760 102,682 197,851 234,397 Law Library 85,182 84,125 79,701 79,335 77,110 71,784 Lodging(Motel/Hotel)Tax Fund 400,798 355,662 355,194 370,913 533,012 753,879 Mental Health Tax Fund 1,027,359 1,275,866 1,527,434 1,378,218 1,589,816 1,585,940 Treasurer's M&O Fund 78,762 74,243 69,811 96,338 49,801 75,160 Veterans Assistance 126,662 137,572 229,990 204,444 100,709 76,468 Skokomish Flood Zone 346,327 109,442 200,223 151,012 141,057 17,685 Mason Lake Management District 56,701 86,399 92,152 108,541 135,037 112,322 Island Lake Management District 4,948 8,787 16,311 20,471 19,236 29,131 Capital Improvement/Reet 1 Fund 2,264,094 941,650 888,306 1,333,724 1,893,170 2,141,382 Capital Improvement/Reet 2 Fund 1,287,383 1,942,548 2,386,695 2,272,973 2,866,438 3,115,857 Mason County Landfill 271,904 682,487 839,084 796,100 584,227 845,200 N.Bay/Case Inlet Utility 635,431 573,833 725,379 880,215 908,223 971,586 N.Bay/Case Inlet Utility Reserve 714 715 717 721 730 173 Wastewater System Development 3,986 3,986 3,986 3,986 3,986 3,986 Rustlewood Sewer&Water 78,888 33,908 36,490 358,242 225,731 167,456 Beards Cove Water 223,683 216,390 254,693 352,042 421,501 464,875 Belfair WW&Water Reclamation 393,877 681,480 603,061� 205,731 161,142 327,899 Reserve Landfill 496,321 507,852 509,744 513,551 488,133 466,621 Reserve Beards Cove Ulid 302,700 313,476 325,627 339,148 355,171 199,380 Storm Drain System Development 284,905 276,329 149,914 54,247 195,771 182,810 Information Technology 378,069 132,302 345,816 79,424 222,935 243,627 Equipment Rental&Revolving Fund 3,670,428 3,988,760 1,889,048 2,907,454 2,643,650 3,540,558 Unemployment Fund 108,912 162,368 162,807 151,699 175,704 161,383 Totals $22,454,387 $23,358,263 $26,431,228 $27,013,449 $28,784,908 $30,018,827 J:\Financials\2019 Financials\2019 October Financial Report.xlsx 9 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Ross McDowell DEPARTMENT: Information Technology EXT: 806 BRIEFING DATE: 11/25/2019 PREVIOUS BRIEFING DATES: (If this is a follow-up briefing, please provide only new information) INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance €Human Resources X Legal €Other — please explain ITEM: PUD #3 Pole Attachment License Agreement EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): The 5 year Pole Attachment License Agreement between PUD #3 and Mason County Information Technology has expired on June 30, 2019. On November 7, 2019, PUD #3 provided me with a new 5 year Pole Attachment License Agreement. They have also supplied me with a copy of their Joint Use- Rules and Regulations for utility pole usage. In Exhibit A, the yearly rate remains the same - $22.00 per pole for the 10 poles Mason County Information Technology uses for computer lines to run between County buildings. BUDGET IMPACT: The Information Technology 2020 budget includes this licensing cost. PUBLIC OUTREACH:(Include any legal requirements, direct notice, website, community meetings, etc.) N/A RECOMMENDED OR REQUESTED ACTION: Recommend, after review from Mason County Prosecuting Attorney's office, to set for BOCC Meeting Agenda item on Tuesday, December 10, 2019 ATTACHMENTS: Joint Use — Rules and Regulations Exhibit A"Joint Use Rate/Fee Schedule" page 21. Pole Attachment License Agreement Briefing Summary 11/21/2019 EXHIBIT A Joint Use Rate/Fee Schedule • Rates and Fees Pole Attachment Rate(per attachment*—billed annually) $22.00 Unauthorized Attachment Inspection Fee: 1-3 Immediately Adjacent Poles(flat fee—billed when work performed) $110.00 4-6 Immediately Adjacent Poles(flat fee—billed when work performed) $220.00 Greater than 6 Poles All costs and staff time at standard billable rate Make-Ready Work All costs and staff time at standard billable rate Attachment Transfers All costs and staff time at standard billable rate Pole Loading Analysis All costs and staff time at standard billable rate District Removal of Unauthorized Attachments All costs and staff time at standard billable rate Failure to Maintain Emergency Contact Fee $100.00 *RCW 54.04.045(1)(a) ALTERATIONS:This schedule may be revised,supplemented,or otherwise modified only by action of the Commission.In emergency situations,the manager of the District may make such reasonable modifications as they deem necessary provided,however,such modifications are reported to the Commission at its next official meeting. Effective July 1,2019 21 POLE ATTACHMENT LICENSE AGREEMENT This Pole Attachment Licensing Agreement(the "Agreement")dated this_day of ,2019 is made by and between Public Utility District No.3 of Mason County (hereinafter referred to as"District"/"Licensor"), a municipal corporation of the State of Washington, and (hereinafter referred to as"Licensee"). Recitals A. Whereas, Licensee proposes to install and maintain Attachments and associated communications equipment on District Poles to provide Communications Services; and B. Whereas,the District is willing,when it may lawfully do so and in accordance with the laws of the State of Washington,to issue one or more Permits authorizing the placement or installation of Licensee's Attachments on District Poles, provided that the District may refuse,on a nondiscriminatory basis,to issue a Permit where there is insufficient Capacity or for reasons relating to safety, reliability,or the inability to meet generally applicable engineering standards and practices; and C. Therefore, in consideration of the mutual covenants, terms and conditions and remunerations herein provided,and the rights and obligations created hereunder, the parties hereto agree as follows: Public Utility District#3 of Mason County Pole Attachment License Agreement 1 TABLE OF CONTENTS Article Subject Pane 1 Definitions 3 2 Scope of Agreement 6 3 Rates,Fees and Charges 8 4 Specifications 9 5 Private and Regulatory Compliance 12 6 Pole Attachment Permit Application Procedures 13 7 Transfers and Relocations 17 8 Abandonment or Removal of District Facilities 17 9 Removal of Licensee's Facilities 18 10 Termination of Permit 18 11 Inspection of Licensee's Facilities 19 12 Unauthorized Occupancy or Access 20 13 Liability and Indemnification 20 14 Duties,Responsibilities and Exculpation 23 • 15 Insurance 25 16 Authorization not Exclusive 27 17 Assignment 27 18 Failure to Enforce 28 19 Termination of Agreement 28 20 Term of Agreement 29 21 Amending Agreement 30 22 Notices 30 23 Entire Agreement 31 24 Severability&Change in Law 31 25 Violations-Remedies 32 26 Governing Law—Dispute Resolution 32 27 Incorporation of Recitals and Appendices 33 28 Performance Bond 33 29 Force Majeure 34 Signature pages 34 . I Public Utility District No. 3 of Mason County Pole Attachment License Agreement 2 AGREEMENT Article 1—Definitions For the purposes of this Agreement,the following terms, phrases,words, and their derivations, shall have the meaning given herein,unless more specifically defined within a specific Article or Paragraph of this Agreement. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number,and words in the singular number include the plural number. The words"shall"and"will"are mandatory and"may" is permissive.Words not defined shall first be construed according to industry standard,then under the common and ordinary meaning. 1.1 Affiliate:when used in relation to Licensee,means another entity that owns or controls, is owned or controlled by,or is under common ownership or control with Licensee. 1.2 Applicable Standards: means all applicable engineering and safety standards and requirements governing the installation, maintenance and operation of facilities and the performance of all work in or around District Facilities,as set forth in the District's Joint Use Rules and Regulations(as now existing or hereafter amended), and as set forth by other federal,state,municipal,or local governmental authority with jurisdiction over District Facilities. 1.3 Assigned Space: means space on District's Poles that can be used, as defined by the Applicable Standards,for the Attachment or placement of wires,cables and associated equipment for the provision of Communications Service or electric service.The Supply Space and communicating worker safety zone(safety space) are not considered Assigned Space. 1.4 Attaching Entity: means any public or private entity, other than the District, who places an Attachment on Pole to provide Communications Service. 1.5 Attachment(s): per RCW 54.04.045(l)(a),means the affixation or installation of any wire,cable,or other physical material capable of carrying electronic impulses or light waves for the carrying of intelligence for telecommunications or television, including, but not limited to cable,and any related device, apparatus, or auxiliary equipment upon any Pole owned or controlled in whole or in part by the District. This definition of Attachment shall exclude: Public Utility District#3of Mason County Pole Attachment License Agreement 3 a) Risers and conduits in association with or in support of an Attachment; b) Overlashing(even if a common application form is used to facilitate review for both Attachments and Overlashing). 1.6 Capacity:means the ability of a Pole to accommodate an additional Attachment based on Applicable Standards, including space and loading considerations. 1.7 Communications Service: means the transmission or receipt of voice, video, data,Internet or other forms of digital or analog signals over the • Attachments. 1.8 Communication Space: means the space on joint-use structures below the communication worker safety zone and above the vertical space for meeting ground clearance requirements under the National Electrical Safety Code or authorizing agency. 1.9 District Facilities/Facilities: means all personal property and real property owned or controlled by the District, including Poles and District installed anchors. 1.10 Joint Use Rules and Regulations: means the rules and regulations governing fees, costs,construction,violations,and operation and maintenance standards as related to Pole Attachments and as adopted by Mason PUD 3's board of commissioners from time to time.District may change these rules and regulations by commission action after six(6)months'notice to Licensee. 1.11 Licensee: means Licensee identified on page one, its authorized successors and assignees. 1.12 Make-Ready Work: means all work, as mutually agreed by the District and Licensee, required to prepare District's facilities to accommodate Licensee's Attachments and/or to comply with all Applicable Standards. Such work includes, but is not limited to,Pre-Construction Meeting,rearrangement and/or transfer of the District Facilities or existing Attachments,inspections,engineering work,permitting work,tree trimming(other than tree trimming performed for normal maintenance purposes,or that is not directly required to accommodate the proposed Attachment),or Pole replacement and construction. 1.13 Nonfunctional Attachment: means a cable,wire,or other physical material attached to a Pole that is no longer used or no longer fit for service by the Licensee. This definition of Nonfunctional Attachment shall exclude Service Drops. 1.14 Occupancy: means the use or specific reservation of Assigned Space for Attachments on Pole. Public Utility District No. 3 of Mason County Pole Attachment License Agreement 4 1.15 Overlash: means to place or lash or mechanically lash an additional wire or cable onto an existing Attachment. 1.16 Pedestals/Vaults/Enclosures: means above-or below-ground housings that are used to enclose a cable/wire splice,power supplies,amplifiers,passive devices and/or provide a service connection point and shall not be attached to District Poles. Installation must comply with the Applicable Standards. 1.17 Permit: means written or electronic authorization pursuant to the Applicable Standards, for Licensee to make or maintain Attachment(s)to specific District Poles pursuant to the requirements of this Agreement. 1.18 Pole: means a Pole owned by the District used for the distribution of electricity and/or Communications Service that is capable of supporting Attachments. 1.19 Pole-Mounted Wireless Equipment: includes antennas, receivers,transceivers, repeaters, and other wireless communications equipment that is attached to a Pole. Pole-mounted wireless equipment shall be subject to the provisions of the Joint Use Rules and Regulations and is not considered an Attachment as governed by this Agreement. 1.20 Pre-Application Meeting: means a meeting scheduled prior to permit submittal, at the request of the prospective applicant,to provide an opportunity to discuss proposal concepts and attempt to identify and/or eliminate potential problems or challenges that are recognized during the meeting.District staff may elect to attend the meeting to discuss related details.This meeting is for basic informational purposes only, and may be scheduled at the District's discretion per request received from a prospective applicant, prior to permit submittal.The District does not charge a fee for a Pre-Application Meeting. 1.21 Pre-Construction Meeting: means all work or operations required by Applicable Standards as reasonably applied by the District to determine the potential Make- Ready Work necessary to accommodate Licensee's Attachments on a Pole.The Pre- Construction Meeting shall be coordinated with the District and include Licensee's representative. 1.22 Reserved Capacity:means Capacity or space on a Pole that the District has identified and reserved for its own utility requirements. 1.23 Service Drop: means a wire or cable which provides services to a single customer as an extension of the Licensee's backbone or distribution network. Service drops are limited to 500 feet in length or less. Public Utility District#3 of Mason County Pole Attachment License Agreement 5 1.24 Span-Mounted Equipment: means junction boxes,amplifiers, or other auxiliary equipment which may be mounted to a span, no closer than three(3)feet and no further than six(6)feet from a Pole. 1.25 Span-Mounted Wireless Equipment: includes antennas,receivers,transceivers, repeaters, and other wireless communications equipment that is suspended from a span attached to a Pole. Span-mounted wireless equipment is prohibited. 1.26 Supply Space: means the space on joint-use structures where the supply facilities are separated from the Communication Space by the Communication Worker Safety Zone. 1.27 Tag: means to place distinct markers on wires and cables, coded by color or other means approved by the District and/or applicable federal, state or local regulations,that will readily identify,from the ground, its owner and cable type. Article 2—Scope of Agreement 2.1 Grant of License. Subject to the provisions of this Agreement, the District hereby grants Licensee a revocable, nonexclusive license authorizing Licensee to install and maintain permitted Attachments to District's Poles when authorized by any applicable Pennit(s)issued pursuant to the terms of this Agreement, and when in compliance with the terms of such Permit(s) and all Applicable Standards. 2.2 Parties Bound by Agreement. Licensee and the District agree to be bound by all provisions of this Agreement, Permits issued pursuant to this Agreement, and all Applicable Standards. 2.3 Permit Issuance Conditions. The District will issue a Permit(s)to Licensee when the District determines, in its sole judgment,which shall not be • unreasonably withheld,that(i)it has sufficient Capacity to accommodate the requested Attachment(s), (ii)permitting the Attachment(s) is consistent with safety and reliability, and(iii)Licensee meets all generally applicable engineering standards and practices. 2.4 Reserved Capacity.Access to Assigned Space on District Poles will be made available to Licensee with the understanding that the District may reclaim its Reserved Capacity on giving Licensee at least sixty(60) calendar days'prior notice. The District shall give Licensee the option to remove or relocate its Attachment(s) from the affected Pole(s). Public Utility District No.3 of Mason County Pole Attachment License Agreement 6 When the District elects to reclaim its Reserved Capacity on a Pole,the District will be responsible for all Make-Ready Work to accommodate its Attachment(s), with the exception of any existing violations. The allocation of the cost of any such Make-Ready Work to remedy existing violations(including the transfer, rearrangement, or relocation of any Attachments requiring a qualified electrical worker)shall be determined as provided in the Joint Use Rules and Regulations. 2.5 No Interest in Property.No use, however lengthy, of any District Facilities,and no payment of any fees or charges required under this Agreement, shall create or vest in Licensee any easement or other ownership or property right of any nature in any portion of such Facilities.Neither this Agreement, nor any Permit granted under this Agreement,shall constitute an assignment of any of the District's rights to District Facilities.Notwithstanding anything in this Agreement to the contrary, Licensee shall,at all times,be and remain a Licensee only. 2.6 Licensee's Right to Attach. Unless otherwise specified in this Agreement, Licensee must have a Permit issued pursuant to Article 6,prior to attaching Licensee's Attachments to any Pole, and must complete work, including submittal of all as-builts and post-issuance inspections within timelines specified in this Agreement and Applicable Standards, in order to retain Licensee's right to attach. 2.7 District's Rights over Poles.The parties agree that this Agreement does not in any way limit the District's right to locate, operate, maintain or remove its Poles in the manner that will best enable it to fulfill its statutory and all other applicable service requirements. 2.8 Tagging. Licensee shall Tag all of its Attachments as specified in the Joint Use Rules and Regulations. Pre-existing Attachments of Licensee shall be tagged within five (5) years of the execution of this Agreement. Failure to provide proper tagging will be considered a violation of this Agreement and the Applicable Standards. 2.9 Pole-Mounted Wireless Equipment. Pole-Mounted Wireless equipment shall be subject to the provisions of the Joint Use Rules and Regulations and is not considered art Attachment as governed by this Agreement. 2.10 Span-Mounted Wireless Equipment. Span-mounted wireless equipment is prohibited. 2.11 Other Agreements.Except as provided herein,nothing in this Agreement shall limit, restrict, or prohibit the District from fulfilling any agreement or arrangement regarding Poles into which the District has previously entered, or may enter in the future, with others not party to this Agreement. Public Utility District#3 of Mason County Pole Attachment License Agreement 1 2.12 Permitted Uses.This Agreement is limited to the uses specifically stated in the recitals stated above and no other use shall be allowed without the District's express written consent.Nothing in this Agreement shall be construed to require District to allow Licensee to use the District's Poles after the termination or conclusion of this Agreement or subject Permit,or in any manner contrary to this Agreement or any applicable regulations. Article 3— Rates, Fees and Charges 3.1 Payment of Fees and Charges. Licensee shall pay to the District the rates, fees and charges specified in the District's Joint Use Rules and Regulations and shall comply with the terms and conditions specified therein. 3.2 Payment Period. Unless otherwise expressly provided, Licensee shall pay any invoice it receives from the District pursuant to this Agreement within forty-five (45)calendar days of the date of the invoice. 3.3 Billing of Attachment Fee.The District shall invoice Licensee for each individual Attachment annually.The District will submit to Licensee an invoice for the annual rental period on or about July 1 of each year. Each annual rental period shall be July 1 through June 30 of the next year. The invoice shall set forth the total number of the District's Poles and specific number of Attachments per Pole on which Licensee was issued and/or holds a Permit(s) for Attachments during such annual rental period, including any previously authorized and valid Permits. 3.4 Refunds. Except as explicitly otherwise provided herein or as otherwise provided in Applicable Standards, no rates, fees and charges specified in the District's Joint Use Rules and Regulations shall be refunded on account of any surrender of a Permit granted hereunder.Nor shall any refund be owed if the District abandons a Pole. 3.5 Late Charge. If the District does not receive payment for any undisputed fee or other undisputed amount owed within forty-five(45)calendar days of the billing date, Licensee, upon receipt of fifteen(15)calendar days written notice, shall pay interest in the amount due to the District at the lesser of twelve percent(12%)or one percent(1%)per month,or the maximum rate allowed by law,whichever is less. 3.6 Payment for Work. Licensee will be responsible for payment of all actual, reasonable and documented costs to the District for all work the District or Public Utility District No. 3 of Mason County Pole Attachment License Agreement 8 District's contractors perform pursuant to this Agreement and any associated permits,to accommodate Licensee's Attachments. 3.7 Work Performed by the District.Wherever this Agreement requires the District to perform any work, Licensee acknowledges and agrees that the District,at its sole discretion,may utilize its employees or contractors,or any combination of the two to perform such work. 3.8 Default for Nonpayment.Nonpayment of any undisputed amount due under this Agreement beyond ninety(90)days shall constitute a material default of this Agreement. In the event of a billing dispute between the District and the Licensee, District will continue to provide service under this Agreement as long as the Licensee continues to make all payments not in dispute.The Licensee shall file and Appeal as provided in the Applicable Standards—Joint Use Rules and Regulations, and the parties shall work in good faith to resolve the dispute in a timely manner. Article 4—Specifications 4.1 Installation/Maintenance of Attachments. When a Permit is issued pursuant to this Agreement, Licensee's Attachments shall be installed and maintained in accordance with the requirements and specifications of this Agreement and the Applicable Standards. Licensee shall be responsible for the installation and maintenance of its Attachments. Licensee shall, at its own expense,make and maintain its Attachments in safe condition and good repair, in accordance with all Applicable Standards. Upon execution of this Agreement, Licensee is not required to modify,update or upgrade its existing Attachments where not required to do so by the terms and conditions of this or prior Agreements,prior editions of the National Electrical Safety Code(NESC),prior editions of the National Electrical Code (NEC)or other applicable regulations applicable at the time of the existing Attachment installation,unless otherwise required by law or regulation. 4.2 Interference. Licensee shall not allow its Attachments to impair the ability of the District or other Licensees to use the District Poles nor shall Licensee allow its Attachments to interfere with the operation of any District Facilities.The Attachment rights subsequently granted by the District to other Attaching Entities pursuant to licenses,permits,or rental agreements shall not limit or interfere with any prior Attachment rights granted to the Licensee hereunder or result in further rearrangement or make-ready costs without reimbursement. Public Utility District#3 of Mason County Pole Attachment License Agreement 9 4.3 Protective Equipment. Licensee, and its employees and contractors, shall utilize and install adequate protective equipment to ensure the safety of people and facilities,consistent with Applicable Standards.Licensee shall at its own expense install protective devices designed to handle the voltage and current impressed on its Attachments in the event of a contact with the supply conductor, as specified in Applicable Standards.Except as otherwise explicitly provided in this Agreement, the District shall not be liable for any actual or consequential damages to Licensee's Attachments or Licensee's customers'facilities. 4.4 Violation of Specifications. If Licensee's Attachments,or any part thereof, are installed,used or maintained in violation of this Agreement,Licensee shall correct the violation(s)caused by Licensee within sixty(60)calendar days from the date of written notice of the violation(s)from the District or later date as specified in the notice of violation,subject to the expedited provision for immediate threat detailed below.If the nature of the violation is such that correction of the violation cannot reasonably be completed within sixty(60)days,the District and Licensee may agree that the Licensee shall commence corrective action within the sixty(60)day period,and complete all corrective action pursuant to a reasonable schedule approved by the District.The District shall notify Licensee in writing prior to the District performing corrective work whenever possible.When the District reasonably believes,however,that violation(s)pose an immediate threat to the safety of any person or property, materially interfere with the performance of District's service obligations,or pose an immediate threat to the physical integrity of District Facilities,the District may perform corrective work and/or take such action as it deems necessary without first giving written notice to Licensee.As soon as practicable thereafter,the District will advise Licensee of the work performed or the action taken.Licensee shall be responsible for all actual documented,and reasonable costs incurred by the District in taking action pursuant to this provision including overtime rates incurred by the District,where directly related to and caused by the actions of Licensee,but excluding any costs caused by the District's negligence or willful misconduct. 4.5 Restoration of District Service.The District's service restoration efforts shall take precedence over any and all work operations of Licensee on District's Poles. 4.6 Effect of Failure to Exercise Access Rights. 4.6.1 Failure by Licensee to fully exercise access rights granted pursuant to this Agreement and/or applicable Permit(s)within: (a) 120 days from Permit approval/issuance date(in event no Make-Ready Work is required); and/or Public Utility District No. 3 of Mason County Pole Attachment License Agreement 10 (b) 120 days from date Make-Ready Work is completed(in event Make- Ready Work is required); or (c) any mutually agreed date which District will accommodate in good faith based on showing of need related to third party approvals pending(e.g.:permit approvals) or similar circumstances shall constitute failure to fully exercise access rights, and in this event the District may use the space scheduled for Licensee's Attachment(s) for its own needs or other Attaching Entities. In such instances,the District shall endeavor to make other space available to Licensee,upon written application per Article 6, as soon as reasonably possible and subject to all requirements of this Agreement, including the Make-Ready Work provisions. 4.6.2 Licensee's failure to submit acceptable as-builts and any other required documentation and inspections within: (a) 140 days of date of application approval when Make-Ready work is not required (120 days to complete work from date of application approval,plus 20 days to complete and submit required inspections/documentations);and/or (b) 140 days of completion of Make-Ready work(120 days to complete work from date Make-Ready work completed,plus 20 days to complete and submit required inspections/documentation), or (c) any mutually agreed date which District will accommodate in good faith based on showing of need related to third party approvals pending(e.g.:permit approvals)or similar circumstances shall also constitute failure to fully exercise access rights, and in this event the District may use the space scheduled for Licensee's Attachment(s)for its own needs or other Attaching Entities. In such instances, the District shall endeavor to make other space available to Licensee, upon written application per Article 6, as soon as reasonably possible and subject to all requirements of this Agreement. 4.7 Removal of Nonfunctional Attachments.At its sole expense, Licensee shall remove any of its Attachments or any part thereof that becomes nonfunctional and no longer fit for service("Nonfunctional Attachment") as Public Utility District#3 of Mason County Pole Attachment License Agreement 11 provided in this Agreement and Applicable Standards.A Nonfunctional Attachment that Licensee has failed to remove as required in this Paragraph shall constitute an unauthorized Attachment and is subject to the Unauthorized Attachment Inspection Fee specified in the Applicable Standards.Except as otherwise provided in this Agreement,Licensee shall remove Nonfunctional Attachments and notify the District of the removal in writing within ninety(90) days of the Attachment becoming nonfunctional,unless Licensee receives written notice from the District that removal is necessary to accommodate the District's or another Attaching Entity's use of the affected Pole(s), in which case Licensee shall remove the Nonfunctional Attachment within the time period specified in the notice. Where Licensee has received a Permit to Overlash a Nonfunctional Attachment,such Nonfunctional Attachment may remain in place until the District notifies Licensee that removal is necessary to accommodate the District's or another Attaching Entity's use of the affected Pole(s). Licensee shall give the District notice of any Nonfunctional Attachments. Article 5—Private and Regulatory Compliance 5.1 Necessary Authorizations. Licensee shall be responsible for obtaining from the appropriate public and/or private authority or other appropriate persons any required authorization to construct,operate and/or maintain its Attachments on public and/or private property before it occupies any portion of the District's Poles.Licensee's obligations under this Article 5 include,but are not limited to, its obligation to obtain all necessary approvals to occupy public/private rights-of- way and to pay all costs associated therewith. Licensee shall defend, indemnify and hold harmless the District for all reasonable loss and expense, including reasonable attorney's fees,that the District may incur as a result of claims by governmental bodies,owners of private property, or other persons,that Licensee does not have sufficient rights or authority to attach Licensee's Attachments on the District's Poles. 5.2 Lawful Purpose and Use. Licensee's Attachments must at all times serve a lawful purpose, and the use of such facilities must comply with all applicable federal,state and local laws. 5.3 Forfeiture of District's Rights.No Permit granted under this Agreement shall extend to any Pole on which the Attachment of Licensee's Attachments would result in a forfeiture of the District's rights.Any Permit, which on its face would cover Attachments that would result in forfeiture of the District's rights, is invalid. Further, if any of Licensee's existing Attachments,whether installed pursuant to a valid Permit or not,would cause such forfeiture,Licensee shall,upon receipt of Public Utility District No.3 of Mason County Pole Attachment License Agreement 12 written notice from District: i)provide District with a written response that Licensee is taking corrective action to remedy the underlying issue creating the claimed potential for forfeiture; ii) provide District a written response challenging the basis for a claim of forfeiture;or iii)promptly remove its Attachments. If Licensee does not take corrective action or challenge the basis for the claim of forfeiture through the correct forum and in accordance with procedural requirements, and subsequently fails to remove the related Attachments, subject to Section 10.1 (Termination of Permit),the District will perform such removal at Licensee's expense not sooner than the expiration of sixty(60) calendar days from the District's issuance of the written notice. 5.4 Effect of Consent to Construction/Maintenance. Consent by the District to the construction or maintenance of any Attachments by Licensee shall not be deemed consent, authorization or an acknowledgment that Licensee has the authority to construct or maintain any other such Attachments. It is Licensee's responsibility to obtain all necessary approvals for each Attachment from all appropriate parties or agencies. Article 6—Pole Attachment Permit Application Procedures 6.1 Permit Required.Except in cases of emergency or as otherwise authorized(such as for Service Drops as addressed in 6.1.1), Licensee shall not install any Attachments on any Pole without first applying for and obtaining a Permit pursuant to the requirements of this Agreement and the Applicable Standards. Pre-existing Attachment(s)of Licensee as of the Effective Date of this Agreement may be grandfathered with respect to Permitting,but shall be subject to Pole Attachment Rates,fees or charges in future billing periods. In order to be grandfathered: (a) Licensee shall provide the District with a list,on the District's approved spreadsheet,of all such pre-existing Attachments within eighteen (18) months following the effective date of this Agreement; and shall provide an updated list by April 1 of the fifth year following the effective date of this Agreement, and by April 1 of every fifth year thereafter should this Agreement term be extended. (b) All such pre-existing Attachments shall comply with the terms of this Agreement. Public Utility District#3 of Mason County Pofe Attachment License Agreement 13 Attachments to,or rights to occupy,the District Facilities not covered by this • Agreement must be separately negotiated. Licensee shall Tag all of its Attachments as specified in the District's Joint Use Rules and Regulations. Pre-existing Attachments of Licensee shall be Tagged within five (5)years of the execution of this Agreement.Failure to provide proper Tagging will be considered a violation of this Agreement and the Applicable Standards.At the time of Tagging,Licensee is required to address any"J"hooks and any service drops that are directly attached to the Pole(s),by removing the"J" hooks and transferring the drops to the Licensee's main cable(if a main cable is installed),utilizing the review and permit process set forth in this Agreement and the Joint Use Rules and Regulations. 6.1.1 Service Drop Procedure.Licensee shall submit a complete Service Drop Application within twenty(20)days after the date the Service Drop Attachment is made. 6.2 Permits for Overlashing. Permits are required for any Overlashing allowed under this Agreement. Licensee, Licensee's Affiliate or other third party, as applicable, shall pay any necessary Make-Ready Work costs to accommodate such Overlashing. 6.3 District Review of Permit Application. Prior to submitting an Application for Pole Attachment Permit("Application"), a prospective applicant may request a Pre-Application meeting(as defined in this Agreement).A Pre-Application meeting may be scheduled at the District's discretion. An Application for Pole Attachment Permit ("Application") shall contain all items required pursuant to the Joint Use Rules and Regulations, including but not limited to a Pre-Construction Meeting(if requested by either party), and detailed plans in the form specified in the Joint Use Rules and Regulations. Upon receipt of an Application, the District will review and issue a determination of completeness, or a determination of incompleteness, within forty-five(45) days of receipt of the Application.A determination of Incompleteness shall include a statement of what information/action is needed to • make the Application complete.The applicant shall promptly submit any missing information and complete any action detailed in any determination of incompleteness, to enable the District to make a completeness determination with forty-five (45)days of receipt of the original date of Application submittal. Should the applicant fail to achieve complete status within forty-five (45)days from the original date of Application submittal,the Application may be deemed "expired"and may be denied on that basis. Following a determination of Public Utility District No. 3 of Mason County Pole Attachment License Agreement 14 completeness,the District will review the Application, and may discuss any issues with the Licensee, for example,Make-Ready Work requirements. Within sixty(60) days from the date a determination of completeness is issued,the District will issue an approval/acceptance to Attach in the form of an issued Permit: (a) without Make-Ready Work required and with no conditions; (b) without Make-Ready Work required but with conditions (for example, trench past Pole number; attach at specified height, etc.); (c) with Make-Ready Work required and conditions; OR will issue a denial.A denial shall include written reasons for denial, which must be nondiscriminatory, based on a finding of insufficient capacity,or based on reasons of safety, reliability, or inability to meet generally acceptable engineering standards and practices. In extraordinary circumstances, and with approval of the applicant, the District may extend the applicable timeframes detailed above.The District's acceptance of the submitted design documents does not relieve Licensee of full responsibility for any errors and/or omissions in the engineering analysis. 6.4 Changes /Modifications Requested After Application Approval. Should Licensee request changes or modifications to an issued Permit,the District may, in the District's sole discretion,elect to approve the request(as documented on revised plans) and continue with the existing Permit review process, or deny the request and continue with the existing Permit review process. In the event Licensee's request is denied, Licensee, at Licensee's option, may request the Issued Permit be rescinded, which request shall not be unreasonably denied, and submit a new Application, subject to the standard review process and timeline. 6.5 Permit as Authorization to Attach—"Permit Issuance". Upon completion of review and finding that the Application satisfies review criteria,and after receipt of payment for any actual, reasonable, and verifiable Make-Ready Work(if applicable),the District will sign and return the Permit Application ("Permit Issuance"),which shall serve as authorization'for Licensee to make its Attachment(s)after the District has completed all Make-Ready Work(if applicable). 6.6 Timing of Construction/Improvements. Licensee must complete all work/improvements authorized by the Issued Permit as follows: Public Utility District#3 of Mason County Pole Attachment License Agreement 15 (a) Within 120 days from Permit Issuance date (in event no Make-Ready Work is required); or (b) Within 120 days from date Make-Ready Work is completed(in event Make- Ready Work is required); or (c) any mutually agreed date which District will accommodate in good faith based on showing of need related to third-party approvals pending(e.g.: permit approvals) or similar circumstances. In the event Licensee fails to complete work/improvements within this timeline, the District may rescind/cancel the Issued Permit, and issue notice requiring Licensee to remove any and all partially completed work/improvements. 6.7 Timing of As-Built Documentation Submittal and Final Permit Approval. Licensee must submit as-builts for any changes in design or construction under a permit and all other required inspections and documentation in order to receive a final Permit approval as follows: (a) Within 140 days of Permit Issuance when Make-Ready work is not required (120 days to complete work from date of Permit Issuance,plus 20 days to complete and submit as-builts and all other required inspections/documentations);or (b) Within 140 days of completion of Make-Ready work(120 days to complete workfrom date Make-Ready work completed,plus 20 days to complete and submit as-builts and all other required inspections/documentation), or (c) any mutually agreed date which District will accommodate in good faith based on showing of need related to third-party approvals pending(e.g.: permit approvals)or similar circumstances. In the event Licensee fails to submit as-builts and all other required documentation within this timeline,the District may rescind/cancel the Issued Permit, decline to issue final Permit approval, and issue notice requiring Licensee to remove any and all partially completed work/improvements. Upon satisfying all requirements and approval of submitted as-built,the District will issue a final Permit approval. 6.8 Notice of Correction. In the event that the District determines corrections are required,the District shall provide written notice of required corrections. Licensee shall complete required corrections within the earlier of sixty(60)calendar days of date of Notice of Correction,or sixty(60)calendar days from the date Public Utility District No,3 of Mason County Pole Attachment License Agreement 16 additional required Make-Ready Work is completed,or other mutually agreed date which District will accommodate in good faith based on showing of need related to third party approvals pending(e.g.: permit approvals) or similar circumstances. Such completed corrections shall be clearly shown on updated as- built and any other required documentation,submitted within the completion timeline specified in this Paragraph. Licensee's failure to complete all corrections within the time period detailed in this section(with all corrections to be detailed on updated as-built and any other required documentation submitted within the same time period detailed in this section)provides a basis for the District to revoke/rescind the Issued Permit, and to require removal of work/improvements completed. Article 7—Transfers and Relocations 7.1 Required Transfers and/or Relocations of Licensee's Attachments. If the District reasonably determines that a transfer and/or relocation of Licensee's Attachments is necessary, Licensee agrees to allow or perform such transfer and/or relocation per the terms outlined in Joint Use Rules and Regulations. Article 8—Abandonment or Removal of District Facilities 8.l Notice of Abandonment or Removal of District Facilities. If the District desires at any time to abandon, remove or underground any District Facilities to which Licensee's Attachments are attached, it shall give Licensee notice in writing to that effect at least sixty(60) calendar days prior to the date on which it intends to abandon or remove such District's Facilities, or any mutually agreed date which District will accommodate in good faith based on showing of need related to third-party approvals pending(e.g.: notice of removal)or similar circumstances. If, following the expiration of the notice period, Licensee has not yet removed and/or transferred all of its Attachments therefrom,the District shall have the right, subject to any applicable laws and regulations,to have Licensee's Attachments removed and/or transferred from the Pole at Licensee's expense.The District shall give Licensee prior written notice of any such removal or transfer of Licensee's Attachments.Licensee may be subject to any applicable provisions detailed in this Agreement and the Applicable Standards. Public Utility District#3 of Mason County Pole Attachment License Agreement 17 Article 9—Removal of Licensee's Facilities 9.1 Removal on Expiration/Termination.At the expiration or other termination of this License Agreement or individual Permit(s), Licensee shall remove its Attachments from the affected Poles at its own expense,within sixty(60) calendar days of expiration or termination or some greater period if mutually agreed by the District, which agreement shall not be unreasonably withheld. Article 10—Termination of Permit 10.1 Automatic Termination of Permit.Any Permit issued pursuant to this Agreement shall automatically terminate when Licensee ceases to have authority to construct and operate its Attachments at the location of the particular Pole(s) covered by the Permit. Notwithstanding the foregoing, to the extent Licensee is pursuing a challenge of the revocation of any such permission, Licensee may remain on the particular Pole(s)until such time as all appeals and remedies are exhausted. 10.2 Notification and Process.The District will notify Licensee in writing within fifteen (15)calendar days, or as soon as reasonably practicable, of any condition(s)serving as basis for exercise of termination pursuant to Section 10.1. Licensee shall take immediate corrective action to eliminate any such condition(s)within sixty (60) calendar days of such notice, or such longer period mutually agreed to by the parties, and shall confirm in writing to the District that the cited condition(s) has (have)ceased or been corrected. If Licensee fails to discontinue or correct such condition(s)and/or fails to give the required confirmation, the District may proceed to terminate this Agreement or any Permit(s). In the event of termination of this Agreement or any of Licensee's rights, privileges or authorizations hereunder,the District may require removal of Licensee's Attachments. Licensee shall be liable for and pay all rates, fees and charges pursuant to terms of this Agreement to the District until such time as Licensee's Attachments are removed. 10.3 Surrender of Permit. Licensee may at any time surrender any Permit for Attachment and remove its Attachments from the affected Pole(s). All work is subject to the insurance requirements set forth in this Agreement.No refund of any rates,fees or charges will be made upon removal. If Licensee surrenders any Permit pursuant to the provisions of this Article, but fails to remove its Attachments from the District's Facilities within the time frame set forth in the Public Utility District No. 3 of Mason County Pole Attachment License Agreement 18 approved plan above, the District shall have the right to remove Licensee's Attachments at Licensee's expense. 10.4 Validity of Permit.The issuance or granting of a Permit shall not be construed to be a Permit for,or an approval of, any violation of the provisions of this Agreement,the Applicable Standards, or any other regulations or laws.Permits presuming to give authority to violate or cancel any term of this Agreement, the Applicable Standards, or any other regulation or law shall not be valid.The issuance of a permit based upon construction document or other data shall not prevent the District from requiring the correction of any violations. Article 11—Inspection of Licensee's Facilities 11.1 Inspections.The District may conduct an inventory and inspection of Attachments at any time. Licensee shall correct all Attachments that are not found to be in compliance with this Agreement or the Applicable Standards within sixty(60) calendar days of notification,or earlier as explicitly provided in this Agreement. If the nature of the noncompliance is such that correction of the noncompliance cannot reasonably be completed within sixty(60)days,the District and Licensee may agree that the Licensee shall commence corrective action within the sixty(60) day period, and complete all corrective action pursuant to a schedule approved by the District. Except as otherwise explicitly provided in this Agreement, if it is found that Licensee has made an Attachment without a Permit,Licensee shall pay an Unauthorized Attachment Lnspection Fee as specified in the Joint Use Rules and Regulations in addition to applicable Make-Ready charges. 11.2 No Liability. Inspections performed under this Article,or the failure to do so, shall not operate to impose upon the District any liability of any kind whatsoever or relieve Licensee of any responsibility,obligations or liability whether assumed under this Agreement or otherwise existing. 11.3 Attachment Records.Notwithstanding the above inspection provisions,within eighteen(18)months following the date of execution of this Agreement, Licensee is obligated to furnish the District an up-to-date map/data depicting the locations of its Attachments in an electronic format approved by the District.This will facilitate District billing that will issue in July of each year. If a map is not available,the Licensee will provide a list in an electronic format approved by the District. Licensee shall then provide an updated list by April 1 of the fifth year following the effective date of this Agreement, and by April 1 of every fifth year thereafter should this Agreement term be extended. Public Utility District#3 of Mason County Pole Attachment License Agreement 19 Article 12—Unauthorized Occupancy or Access 12.1 Unauthorized Attachment Inspection Fee. If any of Licensee's Attachments are found occupying any Pole for which no Permit has been issued,and said Attachment is not grandfathered under Section 6.1 (Permit Application Procedures)of this Agreement,then the District,without prejudice to its other rights or remedies under this Agreement, may charge an Unauthorized Attachment Inspection Fee as specified in the Joint Use Rules and Regulations. Licensee may dispute such an Unauthorized Attachment Inspection fee in good faith by following the Appeal process provided in the Applicable Standards—Joint Use Rules and Regulations. 12.2 No Ratification of Unlicensed Use.No act or failure to act by the District with regard to any unlicensed use shall be deemed as ratification of the unlicensed use and if any Permit should be subsequently issued, such Permit shall not operate retroactively or constitute a waiver by the District of any of its rights or privileges under this Agreement or otherwise; provided, however, that Licensee shall be subject to all liabilities, obligations and responsibilities of this Agreement and the Applicable Standards in regards to the unauthorized use from its inception. Article 13—Liability and Indemnification 13.1 Liability. The District reserves to itself the right to maintain and operate its Poles in such manner as will best enable it to fulfill its statutory service requirements. Licensee agrees to use the District's Poles at Licensee's sole risk. Notwithstanding the foregoing, the District shall exercise reasonable precaution to avoid damaging Licensee's Attachments and shall report to Licensee the occurrence of any such damage caused by its employees, agents or contractors. Subject to Paragraph 13.5 (Municipal Liability Limits), the District agrees to reimburse Licensee for all reasonable costs incurred by Licensee for the physical repair of such facilities damaged by the negligence or willful misconduct of the District. NEITHER PARTY,ITS AFFILIATES ARE LIABLE FOR(A)ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES RELATING TO OR ARISING OUT OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION,LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,AND IRRESPECTIVE OF Public Utility District No.3 of Mason County Pole Attachment License Agreement 20 NEGLIGENCE OF A THE PARITY OR WHETHER SUCH DAMAGES RESULT FROM A CLAIM ARISING UNDER TORT OR CONTRACT LAW OR(B)DAMAGES OF ANY KIND IN AN AMOUNT GREATER THAN THE AMOUNT OF ACTUAL,DIRECT. 13.2 Indemnification. The Parties,and any agent,contractor or subcontractor of the Parties,shall defend,indemnify and hold harmless the other Party and its officials, officers, board members, commissioners,representatives,employees, agents,and contractors against any and all liability, costs,damages, fines, taxes, special charges by others,penalties,payments(including payments made by the indemnified Party under any Workers'Compensation Laws or under any plan for employees'disability and death benefits),and expenses(including reasonable attorney's fees of the indemnified Party and all other costs and expenses of litigation) ("Covered Claims")arising in any way, including any act, omission, failure, negligence or willful misconduct, in connection with the construction, maintenance, repair,presence, use,relocation,transfer,removal or operation by the Parties,or by the Parties'officers,directors, employees, agents or contractors, of Licensee's Attachments, except to the extent of the other's negligence or willful misconduct giving rise to such Covered Claims. Such Covered Claims include, but are not limited to,the following: 13.2.1 Intellectual property infringement, libel and slander,trespass, unauthorized use of television or radio broadcast programs and other program material,and infringement of patents; 13.2.2 Cost of work performed by the Party that was necessitated by the other Party's failure,or the failure of that Party's officers,directors,employees, agents or contractors,to install, maintain, use,transfer or remove the Party's Attachments in accordance with the requirements and specifications of this Agreement,or from any other work this Agreement authorizes the Party to perform on that Party's behalf; 13.2.3 Damage to property, injury to or death of any person arising out of the performance or nonperformance of any work or obligation undertaken by the Parties, or the Parties'officers, directors, employees, agents or contractors,pursuant to this Agreement; 13.2.4 Liabilities incurred as a result of either Party's violation,or a violation by either Party's officers, directors,employees, agents or contractors, of any law, rule,or regulation of the United States, State of Washington or any other governmental entity or administrative agency, as any of the same may pertain to this Agreement. • Public Utility District#3 of Mason County Pole Attachment License Agreement 21 13.3 Procedure for Indemnification. 13.3.1 The Party seeking indemnification shall give prompt notice to the indemnitor of any claim or threatened claim, specifying the factual basis for such claim and the amount of the claim. If the claim relates to an action, suit or proceeding filed by a third party against the indemnitee,the indemnitee shall give the notice to indemnitor no later than ten(10) calendar days after the indemnitee receives written notice of the action, suit or proceeding. 13.3.2 The indemnitee's failure to give the required notice will not relieve the indemnitor from its obligation to indemnify the indemnitee unless indemnitor is materially prejudiced by such failure. 13.3.3 Indemnitor will have the right at any time,by notice to the indemnitee,to participate in or assume control of the defense of the claim with counsel of its choice. The indemnitee agrees to cooperate fully with the indemnitor. If the indemnitor so assumes control of the defense of any third-party claim, the indemnitee shall have the right to participate in the defense at its own expense. If the indemnitor does not so assume control or otherwise participate in the defense of any third-party claim, indemnitor shall be bound by the results obtained by the indemnitee with respect to the claim. 13.3.4 If the indemnitee assumes the defense of a third-party claim as described above, then in no event will the indemnitor admit any liability with respect to,or settle,compromise or discharge,any third-party claim without the indemnitee's prior written consent, and the indemnitor will agree to any settlement,compromise or discharge of any third-party claim which indemnitee may recommend which releases the indemnitor completely from such claim. 13.4 Hazardous Substances.Licensee represents and warrants that its use of the District's Poles will not generate any Hazardous Substances,that it will not store or dispose on or about the District's Poles or transport to the District's Poles any Hazardous Substances and that Licensee's Attachments will not constitute or contain and will not generate any Hazardous Substance in violation of federal, state or local law now or hereafter in effect including any amendments."Hazardous Substance"shall be interpreted broadly to mean any substance or material designated or defined as hazardous or toxic waste,hazardous or toxic material, hazardous or toxic or radioactive substance,dangerous radio frequency radiation, or other similar terms by any federal, state, or local laws,regulations or rules now or hereafter in effect including any amendments. Licensee further represents and Public Utility District No.3 of Mason County Pole Attachment License Agreement 22 warrants that in the event of breakage, leakage, incineration or other disaster, its Attachment(s)would not release any Hazardous Substances. Licensee and its agents,contractors and subcontractors shall defend, indemnify and hold harmless the District and its respective officials,officers,board members,commissioners, representatives,employees, agents and contractors against any and all liability, costs, damages,fines,taxes,special charges by others, penalties,punitive damages,expenses (including reasonable attorney's fees and all other costs and expenses of litigation) arising from or due to the release, threatened release, storage or discovery of any Hazardous Substances on, under or adjacent to the District's facilities attributable to Licensee's use of the District's facilities. • Should the District's Poles be declared to contain Hazardous Substances,the District, shall be responsible for the disposal of its Poles. Provided, however, if the source or presence of the Hazardous Substance is solely attributable to particular parties, such costs shall be borne solely by those parties. Notwithstanding the above,the District agrees to defend, indemnify and hold harmless Licensee for any claims against Licensee related to Hazardous Substances or Conditions to the extent caused or created by the District. 13.5 Municipal Liability Limits.No provision of this Agreement is intended, or shall be construed, to be a waiver for any purpose by the District of any applicable State limits on municipal liability.No indemnification provision contained in this Agreement under which Licensee indemnifies the District shall be construed in any way to limit any other indemnification provision contained in this Agreement. 13.6 Attorney's Fees. Should either Party bring an action in a court of competent jurisdiction to enforce a term found in this Agreement,the substantially prevailing Party shall be awarded reasonable attorney's fees and costs. Article 14—Duties, Responsibilities, And Exculpation 14.1 Duty to Inspect. Licensee acknowledges and agrees that the District does not warrant the condition or safety of the District's Facilities,or the premises surrounding the Facilities, and Licensee further acknowledges and agrees that it has an obligation to inspect the District's Poles and/or premises surrounding the Poles, prior to commencing any work on the District's Poles or entering the premises surrounding such Poles. Licensee's responsibility is limited only to the extent necessary to perform Licensee's work. Any obligation of the District with respect to the condition or safety of its facilities separate from this Agreement shall remain solely the obligation of the District. Public Utility District#3 of Mason County Pole Attachment License Agreement 23 14.2 Knowledge of Work Conditions.By executing this Agreement,Licensee warrants that it has acquainted,or will fully acquaint, itself and its employees and/or contractors and agents with the conditions relating to the work that Licensee will undertake under this Agreement and that it fully understands or will acquaint itself with the facilities,difficulties and restrictions attending the execution of such work. 14.3 DISCLAIMER. DISTRICT MAKES NO EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO DISTRICT'S POLES,ALL OF WHICH ARE HEREBY DISCLAIMED,AND DISTRICT MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES,EXCEPT TO THE EXTENT EXPRESSLY AND UNAMBIGUOUSLY SET FORTH IN THIS AGREEMENT. DISTRICT EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 14.4 Duty of Competent Supervision and Performance.The parties further understand and agree that in the performance of work under this Agreement,Licensee and its agents,employees,contractors and subcontractors will work near electrically energized lines,transformers or other District Facilities, and it is the intention that energy therein will not be interrupted during the continuance of this Agreement, except in an emergency endangering life,or threatening personal injury or property damage. Licensee shall ensure that its employees, agents, contractors and subcontractors have the necessary qualifications, skill, knowledge,training and experience to protect themselves,their fellow employees, employees of the District and the general public,from harm or injury while performing work permitted pursuant to this Agreement. In addition,Licensee shall furnish its employees,agents,contractors and subcontractors competent supervision and sufficient and adequate tools and equipment for their work to be performed in a safe manner. Licensee agrees that in emergency situations in which it may be necessary to de-energize any part of the District's equipment,Licensee shall ensure that work is suspended until the equipment has been de-energized and that no such work is conducted unless and until the equipment is made safe. 14.5 Interruption of Service.In the event that either Party causes an interruption of service by damaging or interfering with the services or facilities of the other Party, the at fault Party, at its expense,shall immediately do all things reasonable to avoid injury and damages,direct and incidental,resulting therefrom,and shall notify the other Party immediately. 14.6 Duty to Inform. Licensee further warrants that it understands the imminent dangers (INCLUDING SERIOUS BODILY INJURY OR DEATH FROM ELECTROCUTION) inherent in the work necessary to make installations on the Public Utility District No. 3 of Mason County Pole Attachment License Agreement 24 District's Poles by Licensee's employees, agents, contractors or subcontractors, and accepts as its duty and sole responsibility to notify and inform Licensee's employees, agents,contractors or subcontractors of such dangers, and to keep them informed regarding same. • Article 15—Insurance 15.1 Policies Required.At all times during the term of this Agreement, Licensee shall keep in force and effect all insurance policies as described below: 15.1.1 Workers' Compensation and Employers'Liability Insurance. Statutory workers'compensation benefits and employers' liability insurance with a limit of liability no less than that required by Washington State law at the time of the application of this provision for each accident. Licensee shall require subcontractors and others not protected under its insurance to obtain and maintain such insurance. 15.1.2 Commercial General Liability Insurance. Policy will be written to provide coverage for, but not limited to,the following: premises and operations,products and completed operations, personal injury, blanket contractual coverage property damage, independent contractor's coverage with Limits of liability not less than $2,000,000 general aggregate, $2,000,000 products/completed operations aggregate, $2,000,000 personal injury, $2,000,000 each occurrence. 15.1.3 Automobile Liability Insurance.Business automobile policy covering all owned, hired and non-owned private passenger autos and commercial vehicles used in connection with work under this Agreement. Limits of liability not less than $1,000,000 each occurrence,$1,000,000 aggregate. 15.1.4 Umbrella Liability Insurance.Coverage is to be in excess of the sum employers' liability,commercial general liability,and automobile liability • insurance required above. Limits of liability not less than$4,000,000 each occurrence,$4,000,000 aggregate. Overall limits of liability insurance may be met through any combination of primary and excess liability policies. 15.1.5 Property Insurance.Each party will be responsible for maintaining property insurance or self-insurance on its own facilities, buildings and other improvements, including all equipment, fixtures,and District structures, fencing or support systems that may be placed on,within or around District Public Utility District#3 of Mason County Pole Attachment License Agreement 25 l Facilities to fully protect against hazards of fire, vandalism and malicious mischief,and such other perils as are covered by policies of insurance commonly referred to and known as"extended coverage" insurance or self- insure such exposures. 15.2 Qualification; Priority; Contractors'Coverage.The insurer must be authorized to do business under the laws of the State of Washington and have an "A"or A- VII" or better rating in Best's Guide. Such liability insurance will be primary with respect to losses for which the insured party is responsible hereunder.All contractors and all of their subcontractors who perform work on behalf of • Licensee shall carry,in full force and effect,workers'compensation and employers' liability,commercial general liability and automobile liability insurance coverages of the type that Licensee is required to obtain under this Article with limits appropriate to the scope of such party's work. 15.3 Certificate of Insurance; Other Requirements.Prior to the execution of this Agreement and prior to each insurance policy expiration date during the term of this Agreement, Licensee will furnish the District with a certificate of insurance("Certificate"). The Certificate shall reference this Agreement and any requirements of this Agreement. The certificates shall state that notice of cancellation will be given in accordance with policy provisions.The District, its board members, commissioners,agencies,officers, officials, employees and representatives(collectively, "Additional Insureds") shall be named as Additional Insureds under the required Commercial General and Automobile Liability policies. Licensee shall obtain Certificates from its agents, contractors and their subcontractors and provide a copy of such Certificates to the District upon request. • 15.4 Limits.The limits of liability set out in this Article may be increased or decreased by mutual consent of the parties, which consent will not be unreasonably withheld by either party, in the event of any factors or occurrences, including substantial increases in the level of jury verdicts or judgments or the passage of state, federal or other governmental compensation plans, or laws which would materially increase or decrease Licensee's exposure to risk. 15.5 Prohibited Exclusions.No policies of insurance required to be obtained by Licensee or its contractors or subcontractors hereunder shall contain provisions (l)that exclude coverage of liability assumed by this Agreement with the District except as to infringement of patents or copyrights or for libel and slander in program material, (2)that exclude coverage of liability arising from excavating, collapse, or underground work, (3)that exclude coverage for injuries to the District's employees or agents directly caused by the negligence of Licensee, or Public Utility District No.3 of Mason County Pole Attachment License Agreement 26 (4)that exclude coverage of liability for injuries or damages caused by Licensee's contractors or the contractors' employees, or agents. This list of prohibited provisions shall not be interpreted as exclusive. 15.6 Deductible/Self-insurance Retention Amounts. Licensee shall be fully responsible for any deductible or self-insured retention amounts contained in its insurance program or for any deficiencies in the amounts of insurance maintained. Article 16—Authorization Not Exclusive The District shall have the right to grant, renew and extend rights and privileges to others not party to this Agreement by contract or otherwise,to use District Facilities covered by this Agreement. Such rights shall not interfere with the rights granted to Licensee by this Agreement or by the specific Permits issued pursuant to this Agreement. Article 17—Assignment 17.1 Limitations on Assignment. Licensee shall not assign its rights or obligations under this Agreement, nor any part of such rights or obligations, without the prior written consent of the District, which consent shall not be unreasonably withheld.Notwithstanding the foregoing, Licensee shall have a right to assign or transfer this Agreement, in whole or in party and without consent to (i) any entity that controls, is controlled by, or is under common control with Licensee, and(ii) any entity that purchases all or substantially all of Licensee's assets located in Mason County, Washington. Licensee shall furnish the District with written notice of the transfer or assignment,together with the name and address of the transferee or assignee.No consent shall be required for an assignment of all of Licensee's interests in this Agreement to its Affiliate. However, Licensee shall provide notice to the District within thirty(30) calendar days thereafter. 17.2 Sub-licensing. Without the District's prior written consent, Licensee shall not sub-license or lease to any third party,including but not limited to allowing third parties to place Attachments on District Facilities, including Overlashing,or to place Attachments for the benefit of such third parties on District's Poles.Any such action shall constitute a material breach of this Agreement.The use of Licensee's Attachments by third parties (including but not limited to leases of dark fiber)that involves no additional Attachment or Overlashing is not subject to this Paragraph. Public Utility District#3 of Mason County Pole Attachment License Agreement 27 Article 18—Failure to Enforce Failure of the District or Licensee to take action to enforce compliance with any of the terms or conditions of this Agreement or to give notice or declare this Agreement or any authorization granted hereunder terminated shall not constitute a waiver or relinquishment of any term or condition of this Agreement,but the same shall be and remain at all'times in full force and effect until terminated,in accordance with this Agreement. Article 19—Termination of Agreement 19.1 Right to Terminate. Notwithstanding the District's rights under Article 10(Termination of Permit),the District shall have the right, subject to compliance with 19.2 below, including the provision of written notice and the expiration of the cure period as set forth herein, to terminate this entire Agreement, and/or any Permit(s)issued hereunder, if Licensee fails to correct a material default of any material term or condition of this Agreement, including but not limited to the following circumstances: (a) Failure to remedy, as required by the terms of Notice issued by the District, any construction, operation or maintenance of Licensee's Attachments in violation of any Applicable Standard or law or in aid of any unlawful act or undertaking, unless Licensee is contesting the lawfulness of such construction, operation, or maintenance in good faith in an appropriate forum and in compliance with applicable procedural requirements; or (b) Construction, operation or maintenance of Licensee's Attachments after any authorization required of Licensee has lawfully been denied or revoked by any governmental or private authority, including but not limited to fact pattern under Paragraphs 10.1 and 10.2(Automatic Termination of Permit unless Licensee is contesting the lawfulness of such denial or revocation in good faith in an appropriate forum and in compliance with applicable procedural requirements; or (e) Construction,operation or maintenance of Licensee's Attachments without the insurance coverage required under this Agreement; or (d) Failure to comply with terms of Notice of Violation, Notice of Correction,or Notice of Abandonment/Removal. Public Utility District No.3 of Mason County Pole Attachment License Agreement 28 19.2 Process for Termination of Agreement.Upon the occurrence of an event or facts serving as the basis for termination of this Agreement, the District may terminate this Agreement upon the later of thirty(30)days'notice and opportunity to cure within the thirty(30)day period, or any other specifically applicable notification period provided herein. The District shall give Licensee thirty(30) days prior written notice of its intent to exercise any of its rights under this Article 19,identifying the reasons for such action,including the asserted default or violation. If Licensee removes or otherwise cures the asserted default or violation within the thirty(30)day notice period,or if cure is not reasonably possible within the thirty(30)day period and Licensee initiates good faith efforts within the thirty (30)day period to cure the asserted default or violation and the efforts continue in good faith,then the District shall not exercise its rights under this Article 19. If Licensee fails to remove or otherwise cure the asserted default or violation within the thirty(30)day notice period,or if the Licensee does not undertake and continue efforts satisfactory to the District to remedy the stated default or violation,then, upon written notice to Licensee,the District may exercise any of the remedies available under this Article 19. Article 20—Term of Agreement 20.1 This Agreement shall become effective upon its execution and,if not terminated in accordance with other provisions of this Agreement, shall continue in effect for a term of five(5) years. Either party may terminate this Agreement at the end of the initial five(5)year term by giving to the other party written notice of an intention to terminate this Agreement at least one hundred eighty(180)calendar days prior to the end of the term. If no such notice is given,this Agreement shall automatically be extended for an additional five(5)year term.Either party may terminate this Agreement at the end of the second five(5)year term by giving to the other party written notice of an intention to terminate this Agreement at least one hundred eighty(180)calendar days prior to the end of the second term. Upon failure to give such notice,this Agreement shall automatically continue in force until terminated by either party after one hundred eighty(180)calendar days written notice.To the extent that the parties are negotiating a new Pole agreement in good faith, Licensee's Attachments shall continue to be authorized and the parties shall continue to perform under the terms of this Agreement. 20.2 Even after the termination of this Agreement,the Parties'responsibility and indemnity obligations shall continue with respect to any claims or demands related to this Agreement, subject to applicable statutes of limitations. Public Utility District#3 of Mason County Pole Attachment License Agreement 29 Article 21—Amending Agreement The terms and conditions of this Agreement shall not be amended, changed or altered except in writing and with approval by authorized representatives of both parties. Article 22—Notices 22.1 Wherever in this Agreement notice is required to be given by either party to the other, such notice shall be in writing and shall be effective when sent by email or first class mail, except where specifically provided for elsewhere, and PROVIDED that notices pursuant to Article 19 shall be by certified mail, return receipt requested, or when deposited for overnight delivery with a nationally recognized overnight courier/express transportation company such as FedEx or equivalent.Notice by mail or overnight courier/express transportation delivery shall be properly addressed as follows: If to District, at: Public Utility District No.3 of Mason County PO Box 2148 2621 E Johns Prairie Rd Shelton,WA 98584 Email: jointuse'a.masonpud3.org If to Licensee, at: Email: With copy to: Email: or to such other address as either party, from time to time, may give the other party in writing. Public Utility District No. 3 of Mason County Pole Attachment License Agreement 30 22.2 Provide 24-hour Emergency Contact.Licensee shall maintain a staffed 24-hour emergency telephone number where the District can contact Licensee to report damage to Licensee's facilities or other situations requiring immediate communications between the parties.Such contact person shall be qualified and all legal able to respond to the District's concerns and requests.Failure to maintain an able emergency contact shall eliminate the District's liability to Licensee for any actions that the District deems reasonably necessary given the specific circumstances. The following contact phone number is designated by Licensee for this purpose,and shall remain effective until such time as Licensee provides Licensor with an alternative number in writing: Bement (insert phone number). ice to in the Article 23—Entire Agreement ,e parties This Agreement supersedes all previous agreements,whether written or oral,between the the District and Licensee for placement and maintenance of Licensee's Attachments on District's Poles;and there are no other provisions,terms or conditions to this Agreement except as The expressed herein. Except as otherwise provided in this Agreement,any existing Attachments shall continue in effect,provided they meet the terms of this Agreement. Its Ion for Article 24—Severability & Change in Law gree that If any provision or portion thereof of this Agreement is or becomes invalid under any final. applicable statute or rule of law,such provision shall not render unenforceable this entire g party Agreement but rather it is the intent of the parties that this Agreement be administered as lble if not containing the invalid provision. The terms and conditions of this Agreement were composed in order to effectuate the notify legal requirements and/or parameters in effect at the time the Agreement was produced. tted this In the event that any of the terms or conditions,or any of the laws or regulations that !the were the basis or rationale for such terms or conditions in this Agreement are invalidated, 3 the modified or stayed by any state or federal regulatory or legislative bodies or courts of ee does competent jurisdiction,the Parties shall expend diligent efforts to arrive at a written amendment regarding the appropriate conforming modifications to the Agreement. y shall ;s,as Public Utility District#3 of Mason County Pole Attachment License Agreement 31 ?Agreement 32 Article 27—Incorporation of Recitals and Appendices The recitals stated above and all terms and provisions contained in the Applicable Standards,as now existing or as hereafter amended, are hereby incorporated into and constitute part of this Agreement. Article 28—Performance Bond On execution of this Agreement, Licensee shall provide to the District a performance bond in an amount that is equal to Forty Dollars ($40.00)per Licensee Pole Attachment or Ten Thousand Dollars($10,000.00),whichever is greater.The required bond amount may be adjusted periodically to account for additions or reductions in the total number of Licensee's Pole Attachments.The bond shall be with an entity and in a form acceptable to the District.The purpose of the bond is to ensure Licensee's performance of all of its obligations under this Agreement and for the payment by Licensee of any claims,liens, taxes, liquidated damages, penalties, rates, and fees due to the District which arise by reason of the construction, operation, maintenance or removal of Licensee's Attachments on or about District's Poles. The District at its sole discretion,may waive the requirement of a performance bond if the proposed Licensee, or its predecessor, is a regionally or nationally recognized communications provider having formally been in existence for a minimum of ten years and can demonstrate financial responsibility. Public Utility District#3 of Mason County Pole Attachment License Agreement 33 Article 29—Force Majeure 29.1 In the event that either the District or Licensee is prevented or delayed from fulfilling any term or provision of this Agreement by reason of fire,flood, earthquake or like acts of nature, wars, revolution,civil commotion, explosion, acts of terrorism, embargo, acts of the government in its sovereign capacity, material changes of laws or regulations, labor difficulties, including without limitation, strikes, slowdowns,picketing or boycotts, unavailability of equipment of vendor, or any other such cause not attributable to the negligence or fault of the party delayed in performing the acts required by the Agreement, then performance of such acts shall be excused for the period of the unavoidable delay, and any such party shall endeavor to remove or overcome such inability as soon as reasonably possible. Licensee shall not be responsible for any charges associated with District's Facilities for any periods that such facilities are unusable. • 29.2 The District shall not impose any charges on Licensee stemming solely from Licensee's inability to perform required acts during a period of unavoidable delay as described in Section 29.1,provided that Licensee present the District with a written description of such force majeure within a reasonable time after occurrence of the event or cause relied on,and further provided that this provision shall not operate to excuse Licensee from the timely payment of any rates, fees or charges due the District under this Agreement. IN WITNESS WHEREOF,the parties hereto have executed this Agreement in duplicate on the day and year first written above. (DISTRICT) (LICENSEE) BY: BY: Title: Title: Public Utility District No. 3 of Mason County Pole Attachment License Agreement 34 DISTRICT STATE OF WASHINGTON : ss County of Mason • I, the undersigned, a Notary Public in and for the State of WASHINGTON hereby certify that on the day of , 2 ,personally appeared before me [NAME] , [TITLE] to me known to be the individual described in and who executed the foregoing instrument and acknowledged that they signed and sealed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal the day and year above written. Notary Public in and for the State of Washington residing at Public Utility District#3 of Mason County Pole Attachment License Agreement 35 LICENSEE STATE OF : ss County of I,the undersigned, a Notary Public in and for the State of , hereby certify that on the day of , 2 ,personally appeared before me [NAME] , [TITLE] to me known to be the individual described in and who executed the foregoing instrument and acknowledged that they signed and sealed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal the day and year above written. Notary Public in and for the State of , residing at • Public Utility District No.3 of Mason County Pole Attachment License Agreement 36 November XX, 2019 Senator Tim Sheldon Representative Drew MacEwen Representative Dan Griffey 417 Legislative Building 434 John L. O'Brien Bldg 403 John L. O'Brien Bldg Olympia, WA 98504 P.O. Box 40600 P.O. Box 40600 Olympia, WA 98504 Olympia, WA 98504 RE: South Sound Y—Shelton Branch Dear Senator Sheldon,Representative Griffey and Representative MacEwen, The Mason County Commisioners would like to take this opportunity to express our support for the South Sound YMCA's 2020 supplemental capital budget request for Local & Community project funding in an amount of$750,000. The anticipated economic development benefits to the county include job creation, enhanced property values, increased recreational and educational opportunities for area residents, and addressing serious public health challenges, including adolescent smoking, depression and suicide rates that are above the state average. The economic and health benefits of a YMCA to Mason County will be felt for generations. The South Sound Y is ready to break ground on this project. The site is ideal for a Y, within walking distance of four schools (representing 70 percent of Shelton School district students), Olympic College, Mason General Hospital, and several senior living facilities. A group of committed community leaders has spent the past year raising over$8 million • locally. The capital campaign team also secured a Building Communities Fund grant in an amount of$3.5 million in the 2019 capital budget as well as federal New Market Tax Credits. The requested funding would allow the South Sound Y to complete construction of a full-service facility, including a gymnasium and pool. We appreciate the opportunity to express our support of this critical project. Sincerely, Commr. Kevin Shutty Commr. Sharon Trask Commr. Randy Neatherlin 2019 Chair 2019 Chair MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Kell Rowen DEPARTMENT: Planning EXT: 286 BRIEFING DATE: 11/25/2019 PREVIOUS BRIEFING DATES: None (If this is a follow-up briefing, please provide only new information) INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal ❑ Other— please explain ITEM: New appointment to the Planning Advisory Commission (PAC). EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): Normajean Jacobs has applied to be appointed to the Planning Advisory Commission. The PAC is a 7-member commission with only 5 members for the last year. The Board is appointing PAC's 6th member by Action Agenda on November 26th. This appointment would fill the last vacant(at-large) position. BUDGET IMPACT: None PUBLIC OUTREACH:(Include any legal requirements, direct notice, website, community meetings, etc.) None RECOMMENDED OR REQUESTED ACTION: Appoint new member to the PAC representing the At-Large position. ATTACHMENTS: Application for Normajean Jacobs Briefing Summary 11/19/2019 r . .. MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Kristopher Nelsen, Permit Administrator DEPARTMENT: Community Services EXT: 359 BRIEFING DATE: 11/25/2019 PREVIOUS BRIEFING DATES: (If this is a follow-up briefing, please provide only new information) INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources E Legal ❑ Other— please explain ITEM: Permit Center business hours needing to be updated to include daily closure from noon to 1:00pm starting December 2nd, 2019. EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): Current staffing levels impact the Permits Center's ability to maintain sustainable services to the public for implementing updates. To best align workflow needs and new processes with the office's current capacity, it is necessary to restructure Permit Center's operational hours on a scheduled basis. This will help the Permit Center process submitted permits for review in a timely manner to meet DCD's legal obligation. BUDGET IMPACT: Notification and posting. PUBLIC OUTREACH:(Include any legal requirements, direct notice, website, community meetings, etc.) Website, public notice... RECOMMENDED OR REQUESTED ACTION: Approval to realign operational business hours and close for lunch to sustain operational capacity. ATTACHMENTS: Summary of neighboring jurisdiction hours. Briefing Summary 11/18/2019 MASON COUNTY 'F COMMUNITY SERVICES I/1 ,i � a� Building,Planning,Environmental Health,Community Health 1 To: Mason County Commissioners From: Kristopher Nelsen,Permit Administrator Date:November 18th,2019 Subject: Surrounding Jurisdictional operation hours for development and permit offices. The following information was compiled in October 2019; Thurston County, The Building Development Center is open Monday through Friday from 8 a.m.to 4:00 p.m.During these hours you may submit applications,pick up informational handouts,and ask questions of the staff at the counter.You may also arrange to see staff by appointment. The Building Development Center is closed weekends and on all major holidays.Use email groups for divisional inquires(Example;planning@co.thurston.wa.us,permit@co.thurston.wa.us, and compliance@co.thurston.wa.us or junkvehicle@co.thurston.wa.us). On average,for a basic residential permit,it can take up to 12 weeks;however,more complicated projects and land-use reviews might take up to a year. Jefferson County,Monday Through Thursday 9-4:30,closed for lunch noon to 1. Staff-Consultation Meeting by Appointment. Through their new Customer Assistance Meeting(CAM)system,customers may; Schedule an appointment or request an email to discuss more in-depth questions and projects. Examples include how critical area and shoreline regulations affect projects.Fees start at$50 for a 15-30- minute appointment. 48-hour minimum advance scheduling is required. Customer Service fees up to$94 are credited to a permit application if the customer applies within one year from the date of the meeting. Walk-in Hours are Monday through Thursday 10:30am-noon.All walk-in meetings as well as appointments will be charged a minimum$50 for 30 minutes or$100 for 1 hour.Jefferson County Environmental Public Health offers Sanitarian walk-in hours prior to DCD(Monday-Friday 9:00- 10:30am,adjacent to DCD). Kitsap County;has implemented no submission until the Health district has signed off septic and water installed and available. Planners&Review Staff Available: Monday-Friday 9:00 am- 12:00 pm,Permit Technicians&General Lobby Hours:Monday-Thursday 8:00 am-4:00 pm,Friday 9:00 am- 1:00 pm. Phone voicemail return call policy by 48hrs or next business day. Grays Harbor County,open Monday through Friday 9-4:30 Close 12-1. Walk-ins welcome 2-4 daily or by appointment for Plans Examiner,Permit Coordinators available during regular business hours. Applications accepted daily until 4 PM. and now requiring approved site plans and EH approval with a complete application. Pierce County,Lobby hours are 9:00am to 2:00pm and all application are submitted online. MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Kell Rowen DEPARTMENT: Planning EXT: 286 BRIEFING DATE: November 25, 2019 PREVIOUS BRIEFING DATES: None (If this is a follow-up briefing, please provide only new information) INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal ❑ Other— please explain ITEM: Place on the December 3, 2019 Action Agenda to set a public hearing for rr,har V \-`2-0Z-D ?I, 2013-to consider the expansion of 600 acres into the Shelton Urban Growth Area (UGA) and rezoning the 600 acres from Rural to Shelton UGA Commercial and Industrial. EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): On December 26, 2017, the City of Shelton Commission adopted the City of Shelton Comprehensive Plan. This action included the subject expansion of the Shelton UGA.The City of Shelton released the DRAFT Environmental Impact Statement (DEIS) on February 2, 2017. The Final EIS (FEIS) was released on August 24, 2107. The adopted UGA expansion is not effective until such time as the County adopts the same. BUDGET IMPACT: None PUBLIC OUTREACH:(Include any legal requirements, direct notice, website, community meetings, etc.) Public Hearing notice required for Planning Commission and Board. Posted to Planning Advisory Commission website and posted on the home page in the Commissioner agendas. The City of Shelton held extensive public outreach during the EIS process and their Comprehensive Plan update in 2017. RECOMMENDED OR REQUESTED ACTION: Place on the December 3, 2019 Action Agenda to set a public hearing for December 24, 2019. ATTACHMENTS: Map of rezone request Briefing Summary 11/19/2019 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Kell Rowen DEPARTMENT: Planning EXT: 286 BRIEFING DATE: November 25, 2019 PREVIOUS BRIEFING DATES: None (If this is a follow-up briefing, please provide only new information) INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal ❑ Other— please explain ITEM: Place on the December 3, 2019 Action Agenda to set a public hearing for'Bec Inn- '2,o2D __74,-2o consider rezone of several adjacent parcels from Village Commercial (VC) to Multifamily Medium Density Residential (R-2) within the Allyn Urban Growth Area (UGA). EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): This proposal has multiple applicants with several parcels totaling 8.66 acres. All property owners within the group of parcels is supportive of the rezone (downzone). BUDGET IMPACT: None PUBLIC OUTREACH:(Include any legal requirements, direct notice,website, community meetings,etc.) Public Hearing notice required for Planning Commission and Board. Residents within 300 feet of the proposed rezone were also notified by mail. Posted to Planning Advisory Commission website and posted on the home page in the Commissioner agendas. RECOMMENDED OR REQUESTED ACTION: Place on the December 3, 2019 Action Agenda to set a public hearing for December 24, 2019. ATTACHMENTS: Map of rezone request Briefing Summary 11/19/2019 — Figure 1 Future Land Use Map IL, Comprehensive Plan Update 2017 City of Shelton,WA rz - �� L Legend L Q Shelton City Limits an Shelton UGA ❑UGA Expansion Areas Parcels El Airport Zoning ■Al,Airport Industrial • ■C/I,Commercial/Industrial .C/R-G,Commercial/Residential-Goose Lake ■C/R-V,Commercial/Residential-Valley CT,Commercial-Targeted for Potential Residentail Rezone .DT,Downtown .GC,Commercial ■I,Industrial 0 LI-C,Low Intensity Commercial .ME,Medical/Educational .MU,Mixed Use Or°' NR,Neighborhood Residential ■PI,Public Institutional '' ` .PR-A,Professional Office/Residential Mixed Usage ...-2L- . ? : \l / l �. 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' , ,I Ar .4 , • 10/11/2019,4:03:55 PM 1:10,886 f 0 500 1,000 2,000 ft ti —J County Boundary ElHC-Highway Commercial I I i r r r r 1 r 0 150 300 600 m ❑ Tax Parcels(Zoom in to 1:30,000) ❑ POS-Public Open Space Allyn Zoning Cl R-1-Single Family Residential No Zoning or Outside UGA R-1 P-Residential Platted Esri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user community, Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, ❑ BP-Business Park CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User R-1 R-Residential Recreational Community ❑ CM-Commercial Manufacturing Mason County WA GIS Web Map Application Richard Diaz I Esri,HERE,Gannin I Earthstar Geographical MASON COUNTY PUBLIC WORKS—COMMISSIONER BRIEFING NOVEMBER 25,2019 Briefing Items 1. Multiple small water system Franchise Agreements—Set Hearing for December 17, 2019 @ 9:15am. 2. Request the Board execute the County Road/Speed Restrictions and Emergency Road Closing Order Resolution. 3. New Release: 2020 Solid Waste Rate Increases 4. News Release: 2020 Water and Sewer System Rate and Fee Increases for North Bay, Rustlewood and Beards Cove. 5. News Release—Day of Caring Free Dump Day -May 22, 2020 Discussion Items Commissioner Follow-Up Items Upcoming Calendar/Action Items 1. Belfair Sanitary Sewer Code Amendment—Hearing on December 3, 2019 2. Multiple small water system Franchise Agreements—Hearing on December 3, 2019 3. Lease Agreement with Verizon Wireless—Hearing on December 3, 2019 Attendees: Commissioners: Public Works: Other Dept. Staff.: Public: _Randy Neatherlin _Diane Sheesley _Kevin Shutty _Loretta Swanson Sharon Trask _Others:(List below) MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Diane Sheesley P.E., County Engineer & Loretta Swanson, Director DEPARTMENT: Public Works EXT: 450 BRIEFING DATE: November 25, 2019 INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources X Legal ❑ Other— please explain ITEM: Franchise Agreement Applications for Multiple Water Systems—Set Hearing EXECUTIVE SUMMARY: This is the second in a series of"bundled"water system franchise agreement renewals. The agreements include updated franchise language with a provision for automatic renewal for up to three 10-year terms. The second set of water systems that have re-applied for franchise agreements and to be considered include: Emerald Lake Community Club, Inc. Clifton Beach Tracts Co-Op Water Association Lake Christine Community Club Kamilche Shores Community Association Lakeland Village Water Company Paradise Service Association PUD #1 Tahuya River Valley Water District Timberlake Community Club BUDGET IMPACT: Applications are not considered "new" and applicants have paid $300 for each re-application or renewal of their respective franchises. PUBLIC OUTREACH: The public will be notified through the normal public hearing notice process. Public Works Staff has communicated with the water districts and systems via email, phone call, and/or letter through their boards and/or committees. RECOMMENDED OR REQUESTED ACTION: Recommend the Board set a hearing for Tuesday, January 7, 2019 at 9:15am to consider approving the franchise agreement applications between Mason County and Emerald Lake Community Club, Inc., Clifton Beach Tracts Co-Op Water Association, Lake Christine Community Club, Kamilche Shores Community Association, Lakeland Village Water Company, Paradise Service Association, PUD #1, Tahuya River Valley Water District and Timberlake Community Club, granting permission to run the utility lines under and across county road rights of way. Attachments: 1. Franchise agreement application example 2. Description of franchise areas 3. Notice IN THE MATTER OF THE APPLICATION OF FOR A FRANCHISE PERMIT TO CONSTRUCT, OPERATE, AND MAINTAIN UTILITY FACILITIES, OVER,ALONG AND UNDER COUNTY ROADS AND HIGHWAYS LOCATED IN MASON COUNTY, WASHINGTON Application of(Name of Operator) doing business in Washington as with its principal offices located at by and through(person authorized to act for and on behalf of applicant) for a franchise to construct, operate and maintain (description of type) utility facilities in,over,along and under county roads and highways in Mason County,Washington,as set forth in attached Exhibit "B" (Franchise Area), having come on regularly for hearing before the County Commissioners of Mason County, Washington, on the day of , 20 , at the hour of , under the provisions of RCW 36.55, RCW 80.32.010 and RCW 80.36.040, and it appearing to the Board that notice of said hearing has been duly given as required by law, and that it is in the public interest to allow the franchise herein granted; NOW THEREFORE, IT IS ORDERED that a non-exclusive franchise be, and the same is hereby given and granted to Operator, and its successors and assigns,hereinafter referred to as the Franchisee, for a period of 10 years with automatic renewal at the end of each term of 10 years unless either party gives the other written notice of termination at least 30 days prior to the end of the relevant term. (no more than ten years each term and can only be renewed 3 times) from and after the date of the entry of this order for the purposes,at the location(s), and upon the express terms and conditions as described herein. I. DEFINITIONS For the purposes of this franchise,terms,phrases,words,and their derivations not defined herein that are defined in Title 12 of the Mason County Code or the Manual on Accommodating Utilities in the Mason County Right-of-Way published by the County Engineer(the"Manual"),shall have the same meaning or be interpreted as provided in Title 12 of the Mason County Code or the Manual. Words not defined here, in Title 12 of the Mason County Code or the Manual shall have their ordinary meaning. A reference to Title 12 of the Mason County Code or the Manual refers to the same as may be amended, revised,updated, re-enacted or re-codified from time to time. II. GRANT The County of Mason hereby grants to the Franchisee a non-exclusive franchise which, once it becomes effective shall authorize the Franchisee to enter upon the road rights-of-way located 1 within the Franchise Area identified in attached Exhibit`B", for the purpose of installing, constructing,maintaining,repairing, replacing, adjusting,relocating and operating the utility facilities, which grant shall be limited to the following described purpose(s): Such grant is subject to and must be exercised in strict accordance with and subject to this franchise, Title 12 of the Mason County Code, the Manual and all applicable laws, rules, regulations and ordinances. Franchisee's exercise of any rights granted pursuant to the franchise is subject to the exercise of the County's police powers,and other regulatory powers as it may have or obtain in the future. No rights shall pass to the franchisee by implication. This franchise does not include permission to enter into or upon the road rights-of-way for any purposes others than the purposes expressly described herein. Permittee has a duty to notify the County of any change in use or condition of the utility facilities that may affect the status of the utility facilities or the impact of the utility facilities upon the road rights-of-way. III. UTILITY PERMIT REQUIRED Franchisee shall not commence or perform work(hereafter"Work")to install,construct,maintain repair, replace adjust, connect, disconnect, rebuild, or relocate its utility facilities within the road rights-of-way,without first applying for,paying all associated fees,and obtaining a utility permit as required pursuant to Title 12 of the Mason County Code. In any utility permit so issued,the County may impose,as a condition of the granting the utility permit,such conditions and regulations as may be necessary for the protection,preservation and management of the road rights-of-way,including, by way of example and not limitation, for the purpose of protecting any structures in the road rights-of-way, maintaining proper distance from other utilities, ensuring the proper restoration of such road rights-of-way and structures, and for the protection of the County and the public and the continuity of pedestrian and vehicular traffic. Franchisee shall first file with the County Engineer its application for a utility permit to do such Work together with plans and specifications in triplicate showing at a minimum: A.The position,depth and location of all such utility facilities sought to be constructed,laid, installed or erected at that time,showing their relative position to existing county roads,rights-of-way or other county property upon plans drawn to scale,hereinafter collectively referred to as the"map of definite location; B. The class and type of material and equipment to be used, manner of excavation, construction,installation,backfill,erection of temporary structures,erection of permanent structures, traffic control,traffic turnouts and road obstructions; C. The manner in which the utility facility is to be installed; D. Measures to be taken to preserve safe and free flow of traffic; 2 E. Structural integrity of the roadway, bridge, or other structure; F. Specifications for the restoration of the county road,right-of-way or other county property in the event that the road right of way will be disturbed by the Work; and G. Provision for ease of future road maintenance and appearance of the roadway. Provision shall be made for known or planned expansion of the utility facilities,particularly those located underground or attached to bridges or other structures within the road right-of-way. The location, alignment and depth of the utility facilities shall conform with said map of definite location,except in instances in which deviation may be allowed thereafter in writing by the County Engineer pursuant to application by Franchisee. All such Work shall be subject to the approval of and shall pass the inspection of the County Engineer.The Franchisee shall pay all costs of and expenses incurred in the examination,inspection and approval of such work on account of granting the said utility permits. IV. RESTORATION OF ROAD RIGHT OF WAY In any Work which disturbs or causes damage to the road rights-of-way subject to this franchise, public or private property, the Franchisee shall at its own expense and with all convenient speed, complete the work to repair and restore the county road right-of-way, or the public or private property so disturbed or damaged, and leave the same in as good or better condition as before the Work was commenced,to the reasonable satisfaction of the County Engineer. The Franchisee shall pay all costs of and expenses incurred in the examination, inspection and approval of such restoration or repair. The County Commissioners and/or County Engineer may at any time do,order or have done any and all work that they consider necessary to restore to a safe condition such County road right-of-way or other County property left by the Franchisee or its agents in a condition dangerous to life or property, and the Franchisee,upon demand, shall pay to the County all costs of such work. V. FRANCHISEE WORK IN RIGHT OF WAY Franchisee expressly agrees and understands that,with regard to Work within the road rights-of-way: A. All of Franchisee's utility facilities and Work within the road rights-of-way or other County property shall be in compliance with the provisions of Title 12 MCC, the Manual, the administrative regulations adopted by the County Engineer,other County established requirements for placement of utility facilities in road rights-of-way, including the specific location of utility facilities in the road rights-of-way, and all applicable laws,rules,regulations and ordinances; B. In preparing plans and specifications for Work of utility facilities in the road rights-of- 3 way the Franchisee shall use the Manual. Prior to commencement of work in the road rights-of-way, Franchisee shall submit such plans and specifications to the Mason County Engineer for review and approval together with adequate exhibits depicting existing or proposed location of the utility facility in relation to the road, including right-of-way or easement lines; relationship to currently planned road revisions,if applicable;and all locations and situations for which deviations in depth of cover (including the proposed method of protection) or other locational standards that are anticipated; C. All Work to utility facilities located within the road rights-of-way or other county property subject to this franchise shall be done in such a manner as not to interfere, other than in ways approved by the County, with the construction, operation and maintenance of other utilities, public or private, drains, drainage ditches and structures, irrigation ditches and structures, located therein,nor with the grading or improvements of such County roads,rights-of-way or other County property; D. The owners and operators of all utility facilities (public or private) installed in the Franchise Area or other county property prior in time to the utility facilities of the Franchisee,shall have preference as to the alignment and location of such utilities so installed with respect to the Franchisee. Such preference shall continue in the event of the necessity of relocating or changing the grade of any such county road or right-of-way; E. Franchisee shall perform the Work and operate its utility facilities in a manner that minimizes interference with the use of the road rights-of-way by others,including others that may be installing utility facilities; and F. The County may require that Franchisee's utility facilities be installed at a particular time, at a specific place,or in a particular manner as a condition of access to a particular road right-of-way; may deny access if a Franchisee is not willing to comply with the County's requirements;and may remove, or require removal of, any utility facility that is not installed in compliance with the requirements established by the County,or which is installed without prior County approval of the time, place, or manner of installation and charge the Franchisee for all the costs associated with removal; and may require Franchisee to cooperate with others to minimize adverse impacts on the road rights-of-way through joint trenching and other arrangements. G. The County may inspect the utility facilities at any time reasonable under the circumstances to ensure compliance with this franchise and applicable law,including to ensure that the utility facilities are constructed and maintained in a safe condition. If an unsafe condition is found to exist,the County,in addition to taking any other action permitted under applicable law,may order the Franchisee, in writing, to make the necessary repairs and alterations specified therein forthwith to correct the unsafe condition on a time-table established by the County which is reasonable in light of the unsafe condition. The County has the right to correct,inspect,administer, and repair the unsafe condition if the Franchisee fails to do so, and to charge the Franchisee therefore. The right of the County to conduct such inspections and order or make repairs shall not be construed to create an obligation therefore,and such obligation to construct and maintain its utility 4 facilities in a safe condition shall at all times remain the sole obligation of the Franchisee. H. When required by the County,Franchisee shall make information available to the public regarding any work involving the ongoing installation,construction,adjustment,relocation,repair or maintenance of its utility facilities sufficient to show(1)the nature of the work being performed; (2)where it is being performed; (3) its estimated completion date; and(4)progress to completion. I. FRANCHISEE IS PLACED ON NOTICE THAT FIBER OPTIC,COMMUNICATIONS, POWER, CONTROL SYSTEMS, OTHER TYPES OF CABLES, AND PIPELINES MAY BE BURIED ON THE RIGHT OF WAY. Before beginning any underground work, Franchisee will contact the appropriate personnel to have such facilities located and make arrangements as to protective measures that must be adhered to prior to the commencement of any work within the Road rights-of-way. In addition to the liability terms elsewhere in this Agreement, Franchisee shall indemnify and hold the County and its elected and appointed officers, employees and agents harmless against and from all cost,liability,and expense whatsoever(including,without limitation, attorney's fees and court costs and expenses)arising out of or in any way contributed to by any act or omission of Franchisee,its contractor,agents and/or employees,that cause or in any way or degree contribute to (1)any damage to or destruction of any such facilities by Franchisee, and/or its contractor, agents and/or employees, on the County's property, (2)any injury to or death of any person employed by or on behalf of any entity,and/or its contractor,agents and/or employees,on the road rights-of-way,and/or(3) any claim or cause of action for alleged loss of profits or revenue,or loss of service, by a customer or user of services or products of such company(ies) (collectively "Liabilities" for purposes of this Section V.I). The only Liabilities with respect to which Franchisee's obligation to indemnify the County and its elected and appointed officers,employees and agents does not apply are Liabilities to the extent arising out of,caused by or resulting from the negligence of the County, and its elected and appointed officers, employees and agents and Liabilities that by law the County and its elected and appointed officers,employees and agents for which the County cannot be indemnified. J. Franchisee shall continuously be a member of the State of Washington one number locator service under RCW 19.122, or an approved equivalent, and shall comply with all such applicable rules and regulations. K. Except in the event of emergency as described below,Franchisee and its Agents may not enter upon the Franchise Area to perform work for which a utility permit is not required,unless and except upon two-business days notice to the County Engineer. L. In the event of an emergency involving the threat of imminent harm to persons or property,and for purposes of taking immediate corrective action,Franchisee and its agents may enter the Franchise Area without advance notice to the County as long as such entry is for the sole purpose of addressing the emergency;provided however,that if any entry for such purposes would require issuance of a utility permit,Franchisee shall give the County verbal or telephonic notice of the places where and the manner in which entry is required prior to such entry,promptly followed by written notice. In all cases,notice to the County shall be given as far in advance as practical prior to entry or as soon as practicable after entry upon the road right-of-Way. 5 • M. Franchisee shall promptly reimburse the County for their reasonable and direct costs incurred in responding to an emergency that is caused, created by or attributable to the presence, construction,maintenance,repair,or operation of the Franchisees utility facilities in the road rights- of-way. N. If,during installation,construction,relocation,realignment,adjustment,maintenance,or repair of the Franchisee's utility facilities in the road rights-of-way,Franchisee or its agents discover scientific or historic artifacts,Franchisee shall immediately notify the County of said discovery and shall protect such artifacts in a manner as specified by the County. Any such artifact shall be the property of the County if the County wishes to own it. VI. PROTECTION OF PUBLIC All work done under this franchise shall be done in a thorough and workman-like manner. In the performance of Work within or near the road rights-of-way, including without limitation, the opening of trenches and the tunneling under county roads,rights-of way or other county property,the Franchisee shall leave such trenches, ditches and tunnels in such a way as to interfere as little as possible with public travel and shall take all due and necessary precautions to guard the same,so that damage or injury shall not occur or arise by reason of such Work; and where any of such trenches, ditches and tunnels are left open at night,the Franchisee shall place warning lights,barricades and other appropriate protective devices at such a position as to give adequate warning of such Work. The Franchisee shall be liable for any injury to person or persons or damage to property sustained arising out of its carelessness or neglect,or through any failure or neglect to properly guard or give warning of any trenches, ditches or tunnels dug or maintained by the Franchisee. VII. POLICE POWERS The County of Mason,in granting this franchise,does not waive any rights which it now has or may hereafter acquire with respect to county roads, rights-of-way or other county property and this franchise shall not be construed to deprive the county of any powers, rights or privileges which it now has or may hereafter acquire to regulate the use of and to control the county roads,rights-of-way and other county property covered by this franchise. The County retains the right to administer and regulate activities of the Franchisee up to the fullest extent of the law. The failure to reserve a particular right to regulate,or reference a particular regulation, shall not be interpreted by negative implication or otherwise to prevent the application of a regulation to the Franchisee. VIII. RELOCATION Franchisee shall, in the course of any Work, comply with the following requirements: A. The Franchisee shall, by a time specified by the County, protect, support, temporarily disconnect,relocate,or remove any of its utility facilities when required by the County by reason of traffic conditions;public safety;road right-of-way construction;road right-of-way repair(including 6 resurfacing or widening);change of road right-of-way grade;construction,installation,or repair of County-owned sewers,drains,water pipes,power lines,signal lines,tracks,communications system, other public work, public facility, or improvement of any government-owned utility; road right-of-way vacation;or for any other purpose where the County work involved would be aided by the removal or relocation of the utility facilities. Collectively,such matters are referred to below as the "public work." Franchisee acknowledges and understands that any delay by Franchisee in performing the herein described work may delay, hinder, or interfere with the work performed by the County and its contractors and subcontractors done in furtherance of such Public Work and result in damage to the County,including but not limited to,delay claims. Franchisee shall cooperate with the County and its contractors and subcontractors to coordinate such Franchisee work to accommodate the Public Work project and project schedules to avoid delay, hindrance of, or interference with the Public Work. The County of Mason shall make available to the Franchisee a copy of the Six Year Transportation Program and the County's annual construction program after adoption each year. It is anticipated these programs will aid the utility in planning construction programs. B. Franchisee has a duty to protect its utility facilities from work performed by the County within the road rights-of-way. The rights granted to the Franchisee herein do not preclude the County of Mason, its employees, contractors, subcontractors, and agents from blasting, grading, excavating, or doing other necessary road work contiguous to Franchisee's utility facilities; providing that, the Franchisee shall be given a minimum of forty-eight (48) hours notice of said blasting or other work in order that the Franchisee may protect its utility facilities. C. In the event of an emergency,or where the utility facility creates or is contributing to an imminent danger to health, safety, or property, the County may protect, support, temporarily disconnect,remove,or relocate any or all parts of the utility facility without prior notice,and charge the Franchisee for costs incurred. D. If any Person that is authorized to place facilities in the road right of way requests the Franchisee to protect, support,temporarily disconnect,remove, or relocate the Franchisee's utility facilities to accommodate the construction,operation,or repair of the facilities of such other person, the Franchisee shall,after 30 days'advance written notice,take action to effect the necessary changes requested;provided that,if such project is related to or competes with Franchisee's service,or if the effect of such changes would be to permanently deprive Franchisee of the beneficial enjoyment of this franchise for its intended purposes through interference with the operation of Franchisee's utility facilities or otherwise, Franchisee shall not be required to relocate its utility facilities. Unless the matter is governed by a valid contract or a state or federal law or regulation, or unless the Franchisee's utility facilities were not properly installed, the reasonable cost of the same shall be borne by the Person requesting the protection, support, temporary disconnection, removal, or relocation at no charge to the County,even if the County makes the request for such action. 7 E. The Franchisee shall, on the request of any person holding a valid permit issued by a governmental authority, temporarily raise or lower its wires to permit the moving of buildings or other objects. The expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting the same. The County of Mason will accept liability for direct and actual damages to said Franchisee that are the result of the negligence of Mason County, its trustees, officers, employees, contractors, subcontractors or agents while performing County improvement or Public Works projects enumerated in the original franchise agreement under Section VIII,paragraph B. Direct and actual damages are specifically limited to physical damage to properly installed and located infrastructure of the Franchisee and the cost to repair such physical damage. Mason County retains the right to assert all applicable defenses in the event of a dispute including contributory negligence on the part of the Franchisee. Mason County shall in no way be liable for incidental damages claimed to arise from such actions. All Work to be performed by the Franchisee under this section shall pass the inspection of the County Engineer. The Franchisee shall pay all costs of and expenses incurred in the examination, inspection and approval of such work. IX. PRESERVATION OF MONUMENTS/MARKERS Before any work is performed under this franchise which may affect any existing monuments or markers of any nature relating to subdivisions,plats,roads and all other surveys,the Franchisee shall reference all such monuments and markers. The reference points shall be so located that they will not be disturbed during the Franchisee's operations under this franchise. The method of referencing these monuments or other points to be referenced shall be approved by the County Engineer. The replacement of all such monuments or markers disturbed during construction shall be made as expeditiously as conditions permit,and as directed by the County Engineer. The cost of monuments or other markers lost, destroyed, or disturbed, and the expense of replacement by approved monuments shall be borne by the Franchisee. A complete set of reference notes for monument and other ties shall be filed with the office of the Mason County Engineer. X. VACATION OF ROAD RIGHT-OF-WAY If at any time the County shall vacate any County road,right-of-way or other County property which is subject to rights granted by this franchise and said vacation shall be for the purpose of acquiring the fee or other property interest in said road, right-of-way or other county property for the use of Mason County,in either its proprietary or governmental capacity,then the Board of Mason County Commissioners may, at its option, and by giving thirty(30) days written notice to the Franchisee, terminate this franchise with reference to such county road,right-of-way or other county property so vacated, and the County of Mason shall not be liable for any damages or loss to the Franchisee by reason of such termination. It has been the practice of Mason County to reserve easements for 8 utilities at the time of road vacation,and will continue to be the practice until such time the Board of Mason County Commissioners direct a change of practice. XI. FINANCIAL SECURITY A. Insurance Except as otherwise provided herein,Franchisee shall maintain for itself and the County,throughout the entire period any part of Franchisee's utility facilities are located in the Franchise Area, adequate insurance to protect the Parties and their elected and appointed officers, agents,employees against all of County's and Franchisee's liability arising out of Franchisee's use and occupancy of the Franchise Area or any part thereof. This obligation shall require the Franchisee to maintain insurance at least in the following amounts: 1. COMMERCIAL GENERAL LIABILITY insurance to cover liability, bodily injury, and property damage. The Commercial General Liability insurance shall be written on an occurrence basis, with an aggregate limit location endorsement for the Franchise Area, and shall provide coverage for any and all costs, including defense costs, and losses and damages resulting from personal injury, bodily injury and death, property damage, products liability and completed operations. Such insurance shall include blanket contractual coverage, including coverage for the Franchise as now or hereafter amended and specific coverage for the indemnity provisions set forth herein. Coverage must be written with the following limits of liability: Bodily and Personal Injury& Property Damage $ 1,000,000 per Occurrence $ 2,000,000 aggregate 2 WORKERS' COMPENSATION insurance shall be maintained to comply with statutory limits for all employees,and in the case any work is sublet,the Franchisee shall require its contractors and subcontractors similarly to provide workers' compensation insurance for all the employees. The Franchisee shall also maintain, during the life of this policy, employer's liability insurance;provided that this obligation shall not apply to any time period during which Franchisee has no employees. The following minimum limits must be maintained: Workers' Compensation Statutory Employer's Liability $ 1,000,000 each occurrence 3.COMPREHENSIVE AUTO LIABILITY insurance shall include owned,hired,and non-owned vehicles operated by Franchisee employees on an occurrence basis with coverage of at least$2,000,000 per occurrence. If the Franchisee, its contractors,or subcontractors do not have the required insurance,the County may require such entities to stop operations until the insurance is obtained and approved. Certificates of Insurance reflecting evidence of the required insurance and approved by the County's 9 Risk Manager for the GENERAL LIABILITY policies described above,shall be sent to the County's risk manager. The certificate shall be filed with the acceptance of the franchise, and annually thereafter,and as provided below. All coverage shall be listed all on one certificate with the same expiration dates. The certificates shall contain a provision that coverages afforded under these policies will not be canceled until at least 30 days'prior written notice has been given to the County. In the event that the insurance certificate provided indicates that the insurance shall terminate or lapse during the period of the franchise,then,in that event,the Franchisee shall furnish,at least 30 days prior to the expiration of the date of such insurance,a renewed certificate of insurance as proof that equal and like coverage has been or will be obtained prior to any such lapse or termination during the balance of the period of the franchise. The County reserves the right, during the term of the franchise, to require any other insurance coverage or adjust the policy limits as it deems reasonably necessary utilizing sound risk management practices and principals based upon the loss exposures. Each insurance policy required pursuant to this franchise shall be primary and non-contributing as respects any coverage maintained by the County and shall include an endorsement reflecting the same. Any other coverage maintained by County shall be excess of this coverage herein defined as primary and shall not contribute with it. The certificate of insurance must reflect that the above wording is included in all such policies. Each insurance policy obtained pursuant to this franchise shall be issued by financially sound insurers who may lawfully do business in the State of Washington with a financial rating at all times during coverage of no less than rating of"A" and a class of"X" or better in the latest edition of "Best's Key Rating Guide"published by A.M.Best Company,or such other financial rating or rating guide approved in writing by the County's risk manager. In the event that at any time during coverage,the insurer does not meet the foregoing standards,Franchisee shall give prompt notice to the County and shall seek coverage from an insurer that meets the foregoing standards. The County reserves the right to change the rating or the rating guide depending upon the changed risks or availability of other suitable and reliable rating guides. Comprehensive general liability insurance policies and coverage obtained pursuant to this franchise shall include an endorsement(standard ISO form CG 24-17)deleting all exclusions for work or incidents occurring within any distance from a railroad track or railroad property, or on, over, or under a railroad track. Insurance policies required pursuant to this franchise shall have no non-standard exclusions unless approved of by the County Risk Manager or designee. Commercial general liability insurance policies obtained pursuant to this franchise shall name the 10 County as an additional insured without limitation,pursuant to an endorsement approved of by the County's Risk Manager or designee. Franchisee and Franchisee's Contractors' insurers, through policy endorsement, shall waive their rights of subrogation against the County for all claims and suits. The certificate of insurance must reflect this waiver of subrogation rights endorsement. Commercial General Liability Insurance policies and coverage required herein of public utility operators may include a reasonable deductible or self-insured retention;provided,however,that as to any Loss or Damage covered as provided herein, if Franchisee elects to include any deductible or self-insured retention,Franchisee shall itself directly cover,in lieu of insurance,any and all County liabilities that would otherwise in accordance with the provisions of this Franchise be covered by Franchisee's insurance if Franchisee elected not to include a deductible or self-insured retention. Such direct coverage by Franchisee shall be in an amount equal to the amount of Franchisee's actual deductible or self-insured retention. Franchisee shall be required to provide a certification of self- insurance retention to the county in a form and content acceptable to the county engineer. B. Performance/Payment Bond. At the same time Franchisee provides its acceptance of this Franchise, the Franchisee shall, if required by the County Engineer, provide a performance and payment bond to ensure the full and faithful performance of all of its responsibilities under this franchise and applicable rules, regulations and ordinances, including, by way of example, but not limited to,its obligations to relocate and remove its utility facilities,to restore the road rights-of-way and other property when damaged or disturbed, and to reimburse the County for its costs. The amount of the performance and payment bond shall be for ZERO ($oo. The amount of the bond,or cash deposit as described below, may be adjusted by the County every five years from the date of execution of this franchise,to take into account cumulative inflation or increased risks to the County. The Franchisee may be required to obtain additional bonds in accordance with the County's ordinary practices. The bond shall be in a form with terms and conditions acceptable to the County and reviewed and approved by the County Engineer. The bond shall be with a surety with a rating no less than "A X" in the latest edition of"Bests Key Rating Guide," published by A.M. Best Guide. The Franchisee shall pay all premiums or costs associated with maintaining the bond,and shall keep the same in full force and effect at all times.If Franchisee fails to provide or maintain the bond,then the County,in its sole discretion,may require Franchisee to substitute an equivalent cash deposit as described below in lieu of the bond. Franchisee, may at its election or upon order by the County, substitute an equivalent cash deposit instead of a performance and payment bond. This cash deposit shall ensure the full and faithful performance of all of Franchisee's responsibilities hereto under this Permit and all applicable laws, rules, regulations or ordinances. This includes, but is not limited to, its obligations to relocate or remove its facilities, restore the road rights-of-way and other property to their original condition, reimbursing the County for its costs, and keeping Franchisee's insurance in full force. The County shall notify Franchisee in writing, by certified mail, of any default and shall give 11 Franchisee thirty(30)days from the date of such notice to cure any such default. In the event that the Franchisee fails to cure such default to the satisfaction of the County,the County may,at its option, forfeit the entire amount of the cash deposit or draw upon the cash deposit up to the amount of the County's costs incurred to cure Franchisee's default. Upon the County's cure of Franchisee's default,the County shall notify Franchisee in writing of such cure. In the event that the County draws upon the cash deposit or forfeits the same, Franchisee shall thereupon replenish the cash deposit to the full amount as specified herein or provide a replacement performance and payment bond. Before any Work commences in the road right-of-way,the County Engineer may require the operator to provide a performance and payment bond for each separate project in an amount to be determined by the County Engineer, but not less than five hundred dollars, written by a surety company acceptable to the County Risk Manager and authorized to do business in the state of Washington. The purpose of the bond is to insure completion of construction, including the restoration of surfacing,slopes,slope treatment,topsoil,landscape treatment,and drainage facilities,and cleanup of rights-of-way, and payment of costs incurred by the County to enforce the requirements of this Chapter. The performance and payment bond shall be in place for a period ending not more than one year after the date of completion. A project specific performance bond shall not be required in the event that the franchisee has in place a blanket performance bond and, when required, a payment bond, maintained pursuant to the requirements of this franchise. A performance and payment bond for work in the road right-of-way will not be required of the United States Government or any of its agencies or of any municipal corporation or department of the state of Washington and its local subdivisions. C. Limitation of Liability. To the fullest extent permitted by law,the Franchisee shall,and shall cause its contractor(s) to release, indemnify, defend and hold harmless the county and the county's legal representatives,officer(elected or),appointed)employees and agents(collectively, "indemnitees")for, from and against any and all claims, liabilities,fines,penalties,cost, damages, losses, liens, causes of action, suits, demands, judgments and expenses (including, without limitations, court costs, attorneys' fees and costs of investigation, removal and remediation and governmental oversight costs),Environmental or otherwise(collectively"liabilities")of any nature, kind,or description,of any person or entity,directly or indirectly,arising out of,resulting from,or related to (in whole or in part): 1. this franchise; 2. any rights or interests granted pursuant to this franchise; 3. franchisee's occupation and use of the road right of way; 12 4. franchisee's operation of its utility facilities; 5. the presence of utility facilities within the right of way; 6. the environmental condition and status of the road right-of-way caused by, aggravated by, or contributed to, in whole or in part,by franchisee or its agents; or 7. The acts,errors,or omissions of third parties when arising out of the installation, construction,adjustment,relocation,replacement,removal,or maintenance of such third party utility facilities within the road rights-of-way when such work is performed under authority of the operator's utility permit or at the direction or under the control of the operator; or 8. any act or omission of franchisee or franchisee's agents; The only liabilities with respect to which franchisee's obligation to indemnify the indemnitees do not apply are liabilities to the extent arising out of, caused by or resulting from the negligence of the county, its officers, agents, employees or contractors and liabilities that by law the indemnities cannon be indemnified for. Upon written notice from the county,franchisee agrees to assume the defense of any lawsuit or other proceeding brought against any indemnitee by any entity, relating to any matter covered by this franchise for which franchisee has an obligation to assume liability for and/or save and hold harmless any indemnitee.Franchisee shall pay all cost incident to such defense,including,but not limited to, attorneys' fees,investigators' fees,litigation and appeal expenses,settlement payments and amounts paid in satisfaction of judgments. Franchisee will fully satisfy said judgment within ninety(90)days after said suit or action shall have finally been determined if determined adversely to Mason County. Upon the Franchisee's failure to satisfy said judgment within the ninety (90) day period, this franchise shall at once cease and terminate. Acceptance by the County of any Work performed by the Franchisee at the time of completion shall not be grounds for avoidance of this covenant. XII. FRANCHISE NONEXCLUSIVE This franchise shall not be deemed to be an exclusive franchise. It shall in no manner prohibit the County of Mason from granting other utilities under,along,across,over and upon any of the County roads,rights-of-way or other County property subject to this franchise and shall in no way prevent or prohibit the County of Mason from constructing, altering, maintaining or using any of said roads, rights-of-way,drainage structures or facilities,irrigation structures or facilities,or any other county property or affect its jurisdiction over them or any part of them with full power to make all necessary changes,relocations,repairs,maintenance, etc., the same as the county may deem fit. 13 XIII. SUCCESSORS AND ASSIGNS All the provisions,conditions,regulations and requirements herein contained shall be binding upon the successors and assigns of the Franchisee,and all privileges,as well as all obligations and liability of the Franchisee, shall ensure to its successors and assigns equally as if they were specifically mentioned wherever the Franchisee is mentioned. Any reference in this franchise to a specifically named party shall be deemed to apply to any successor, heir, administrator, executor or assign of such party who has acquired its interest in compliance with the terms of this franchise,or under law. XIV. TRANSFER/ASSIGNMENT Franchisee may assign or transfer this franchise after prior written notice to County of Mason and assignee's written commitment,in a form and content approved by the County Prosecutor,delivered to County of Mason,that assignees shall thereafter be responsible for all obligations of Franchisee with respect to the franchise and guaranteeing performance under the terms and conditions of the franchise and that transferee will be bound by all the conditions of the franchise and will assume all the obligations of its predecessor. Such an assignment shall relieve the Franchisee of any further obligations under the franchise, including any obligations not fulfilled by Franchisee's assignee; provided that,the assignment shall not in any respect relieve the Franchisee,or any of its successors in interest,of responsibility for acts or omissions,known or unknown,or the consequences thereof, which acts or omissions occur prior to the time of the assignment. No franchise or master road use permit may be assigned or transferred without filing or establishing with the county the insurance certificates and performance bond as required pursuant to this franchise. XV. ANNEXATION Whenever any of the County roads, rights-of-way or other county property as designated in this franchise,by reason of the subsequent incorporation of any town or city,or extension of the limits of any town or city, shall fall within the city or town limits and shall by operation of law or otherwise terminate in respect to the said roads,rights-of-way or other county property so included with city or town limits; this franchise shall continue in force and effect to all county roads, rights-of-way or other county property not so included in city or town limits. XVI. REVOCATION/REMEDIES A. Revocation. In addition the right to revoke this franchise as set forth in Title 12 of the Mason County Code, if the Franchisee shall willfully violate, or fail to comply with any of the provisions of this franchise through willful or unreasonable neglect or fail to heed or comply with any notice given the Franchisee under the provision of this grant, then Franchisee shall forfeit all rights conferred hereunder and this franchise may be revoked or annulled,after a public hearing by the Board of County Commissioners. The Franchisee shall not be relieved of any of its obligations to comply promptly with any provision of this franchise by reason of any failure of the County to enforce prompt compliance,and the County's failure to enforce shall not constitute a waiver of rights 14 or acquiescence in the Licensee's conduct. Subject to the required consent, adjudication, permission or authorization of a federal or state regulatory agency with jurisdiction over the subject matter, upon revocation of the franchise, the County may require the Franchisee to remove its utility facilities from any road rights-of-way,and restore such road right-of-way to its same or better condition as existed just prior to such removal,or de-commission and abandon such utility facilities in place in whole or in part and in a manner approved by the County Board of Commissioners. If the Franchisee fails to remove utility facilities that the County requires it to remove,the County may perform the work and collect the cost thereof from the Franchisee. The actual cost thereof,including direct and indirect administrative costs,shall be a lien upon all utility facilities of the Franchisee within the franchise Area effective upon filing of the lien with the Mason County Auditor. B. Remedies. The County has the right to exercise any and all of the following remedies, singly or in combination,in the event of Default. "Default"shall mean any failure of Franchisee or its agents to keep,observe,or perform any of Franchisee's or its agent's duties or obligations under this franchise: 1. Damages. Franchisee shall be liable for any and all damages incurred by County. 2. Specific Performance. County shall be entitled to specific performance of each and every obligation of Franchisee under this franchise without any requirement to prove or establish that County does not have an adequate remedy at law. Franchisee hereby waives the requirement of any such proof and acknowledges that County would not have an adequate remedy at law for Franchisee's commission of an Event of Default hereunder. 3. Injunction. County shall be entitled to restrain, by injunction, the actual or threatened commission or attempt of an Event of Default and to obtain a judgment or order specifically prohibiting a violation or breach of this Agreement without, in either case, being required to prove or establish that County does not have an adequate remedy at law. Franchisee hereby waives the requirement of any such proof and acknowledges that County would not have an adequate remedy at law for Franchisee's commission of an Event of Default hereunder. 4. Alternative Remedies. Neither the existence of other remedies identified in this franchise nor the exercise thereof shall be deemed to bar or otherwise limit the right of the County to commence an action for equitable or other relief, and/or proceed against Franchisee and any guarantor for all direct monetary damages, costs and expenses arising from the Default and to recover all such damages, costs and expenses, including reasonable attorneys' fees. Remedies are cumulative;the exercise of one shall not foreclose the exercise of others. XVII. SUBSEQUENT ACTION In the event that after this franchise becomes effective, (a) there is a change in the law which 15 broadens the authority of the County of Mason or the Franchisee with respect to any act permitted or authorized under this franchise; or (b)the County of Mason or the Franchisee believe that amendments to this franchise are necessary or appropriate, then the County of Mason and the Franchisee agree to enter into good faith negotiations to amend this franchise so as to enable the Parties to address, in a manner reasonably acceptable to all Parties, such change or other development which formed the basis for the negotiations. The Parties recognize that the purpose of the negotiations would be to preserve, to the maximum extent consistent with law, the scope and purpose of this franchise. Mason County reserves for itself the right at any time upon ninety (90) days written notice to the Franchisee, to so change, amend, modify or amplify any of the provisions or conditions herein enumerated to conform to any state statute or county regulation,relating to the public welfare,health, safety or highway regulation,as may hereafter be enacted,adopted or promulgated and this franchise may be terminated at such time a public hearing is held by the Board of County Commissioners,and the Franchisee's utility facilities are found not to be operated or maintained in accordance with such statute or regulation. XVIII. ACCEPTANCE Franchisee shall execute and return to the County of Mason a signed acceptance of the franchise granted hereunder. The acceptance shall be in the form of the acceptance attached hereto as Exhibit "A", and in accepting the franchise, Franchisee warrants that it has carefully read the terms and conditions of this franchise and accepts all of the terms and conditions of this franchise and agrees to abide by the same and acknowledges that it has relied upon its own investigation of all relevant facts, that it has had the assistance of counsel, that it was not induced to accept a franchise, that this franchise represents the entire agreement between the Franchisee and the County of Mason. In the event the Franchisee fails to submit the countersigned ordinance and acceptance as provided for herein within the time limits set forth in this section,the grant herein is and shall become null and void. XIX. MISCELLANEOUS PROVISIONS A. Controlling Law/Venue. Any disputes concerning the application or interpretation of any of the provisions of this franchise shall be governed by the laws of the State of Washington. Venue of any action or arbitration brought under this franchise shall be in Mason County,Washington or the Western District of Washington if an action is brought in federal court, provided, however, that venue of such action is legally proper. B. Liens. Franchisee shall promptly pay and discharge any and all liens arising out of any Work done, suffered or permitted to be done by Franchisee on any Franchise Area. C. Waiver. No waiver by either party of any provision of this franchise shall in any way impair the right of such party to enforce that provision for any subsequent breach, or County of 16 Mason's right to enforce all other provisions of this franchise. D. Attorney's Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this franchise, the substantially prevailing Party or Parties shall be entitled to reasonable attorney's fees,costs and necessary disbursements in addition to any other relief to which such Party or Parties may be entitled. E. Amendment. This franchise may be amended only by a written contract signed by authorized representatives of Franchisee and County of Mason. F. Severability. If any provision of this franchise is held to be illegal, invalid or unenforceable under present or future laws,such provision will be fully severable and this franchise will be construed and enforced as if such illegal, invalid or unenforceable provision is not a part hereof,and the remaining provisions hereof will remain in full force and effect. In lieu of any illegal, invalid or unenforceable provision herein, there will be added automatically as a part of this franchise; a provision as similar in its terms to such illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable. G. Joint and Several Liability. Franchisee acknowledges that, in any case in which Franchisee and Franchisee's Contractors are responsible under the terms of this franchise, such responsibility is joint and several as between Franchisee and any such Franchisee's Contractors; provided that,the Franchisee is not prohibited from allocating such liability as a matter of contract. H. Notices. Any notice contemplated, required, or permitted to be given under this franchise shall be sufficient if it is in writing and is sent either by: (a)registered or certified mail, return receipt requested;or(b)a nationally recognized overnight mail delivery service,to the Party and at the address specified below,except as such Party and address may be changed by providing notice to the other Party no less than thirty (30) days' advance written notice of such change in address. Franchisee: Attn: Grantor: County of Mason Public Works 100 Public Works Drive Shelton, WA 98584 I. Approvals. Nothing in this franchise shall be deemed to impose any duty or obligation upon the County of Mason to determine the adequacy or sufficiency of Franchisee's plans and specifications or to ascertain whether Franchisee's proposed or actual construction, testing, 17 maintenance,repairs,replacement,relocation,adjustment or removal is adequate or sufficient or in conformance with the plans and specifications reviewed by the County of Mason. No approval given, inspection made,review or supervision performed by the County of Mason pursuant to this franchise shall constitute or be construed as a representation or warranty express or implied by County of Mason that such item approved, inspected, or supervised, complies with laws, rules regulations or ordinances or this franchise or meets any particular standard,code or requirement,or is in conformance with the plans and specifications,and no liability shall attach with respect thereto. County and inspections as provided herein, are for the sole purpose of protecting the County of Mason's rights as the owner or manager of the road rights-of-way and shall not constitute any representation or warranty,express or implied,as to the adequacy of the design,construction,repair, or maintenance of the utility facilities, suitability of the Franchise Area for construction, maintenance,or repair of the utility facilities,or any obligation on the part of the County of Mason to insure that work or materials are in compliance with any requirements imposed by a governmental entity. County of Mason is under no obligation or duty to supervise the design, construction, installation, relocation, adjustment, realignment, maintenance, repair, or operation of the utility facilities. J. Force Majeure. Neither Party hereto shall be liable to the other Party for any failure to perform an obligation set forth herein to the extent such failure is caused by war,act of terrorism or an act of God, provided that such Party has made and is making all reasonable efforts to perform such obligation and minimize any and all resulting loss or damage. K. Construction. All pronouns and any variations thereof shall be deemed to refer to the masculine,feminine or neuter,singular or plural,as the identity of the Party or Parties may require. The provisions of this franchise shall be construed as a whole according to their common meaning, except where specifically defined herein,not strictly for or against any party and consistent with the provisions contained herein in order to achieve the objectives and purposes of this franchise. L. Incorporation by Reference. All exhibits annexed hereto at the time of execution of this franchise or in the future as contemplated herein, are hereby incorporated by reference as though fully set forth herein. M. Calculation of Time. All periods of time referred to herein shall include Saturdays, Sundays,and legal holidays in the State of Washington,except that if the last day of any period falls on any Saturday,Sunday,or legal holiday in the State of Washington,the period shall be extended to include the next day which is not a Saturday, Sunday, or legal holiday in the State of Washington. N. Entire Agreement. This franchise is the full and complete agreement of County of Mason and Franchisee with respect to all matters covered herein and all matters related to the use of the Franchise Area by Franchisee and Franchisee's Contractors,and this franchise supersedes any and all other agreements of the Parties hereto with respect to all such matters,including,without limitation, all agreements evidencing the franchise. 18 O. No Recourse. Without limiting such immunities as the County or other persons may have under applicable law,Franchisee shall have no monetary recourse whatsoever against the County or its officials, boards, commissions, agents, or employees for any loss or damage arising out of the County's exercising its authority pursuant to this Franchise or other applicable law. P. Responsibility for Costs. Except as expressly provided otherwise,any act that Franchisee is required to perform under this franchise shall be performed at its cost. If Franchisee fails to perform work that it is required to perform within the time provided for performance, the County may perform the work and bill the Franchisee. The Franchisee shall pay the amounts billed within 30 days. Q. Work of Contractors and Subcontractors. Work by contractors and subcontractors is subject to the same restrictions, limitations, and conditions as if the work was performed by the Franchisee. The Franchisee shall be responsible for all work performed by its contractors and subcontractors,and others performing work on its behalf,under its control,or under authority of its utility permit,as if the work were performed by it and shall ensure that all such work is performed in compliance with this franchise, Title 12 MCC,the Manual and other applicable law, and shall be jointly and severally liable for all damages and correcting all damage caused by them. It is the Franchisee's responsibility to ensure that contractors, subcontractors,or other Persons performing work on the Franchisee's behalf are familiar with the requirements of the franchise,Title 12 MCC, the Manual, and other applicable laws governing the work performed by them. R. Survival of Terms. Upon the expiration, termination, revocation or forfeiture of the franchise,the Franchisee shall no longer have the right to occupy the franchise area for the purpose of providing services authorized herein. However,the Franchisee's obligations under this franchise to the County shall survive the expiration, termination, revocation or forfeiture of these rights according to its terms for so long as the Franchisee's utility facilities shall remain in whole or in part in the road rights of way. By way of illustration and not limitation, Franchisee's obligations to indemnify, defend and hold harmless the County, provide insurance and a performance/payment bond pursuant to Section XI and Franchisee's obligation to relocate its utility facilities pursuant to Section VIII, shall continue in effect as to the Franchisee, notwithstanding any expiration, termination, revocation or forfeiture of the franchise, except to the extent that a County-approved transfer, sale, or assignment of the utility system is completed,and another entity has assumed full and complete responsibility for the utility system or for the relevant acts or omissions. S. Warranties. By acceptance of this franchise, Franchisee warrants: 1. That Franchisee has full right and authority to enter into and perform this Franchise in accordance with the terms hereof, and by entering into or performing this Franchise, Franchisee is not in violation of its charter or by-laws,or any law,regulation,or agreement by which it is bound or to which it is subject; and 2. That the execution,delivery,and performance of this Franchise by Franchisee has been duly authorized by all requisite Board/Commission action, that the signatories for Franchisee of the 19 acceptance hereof are authorized to sign this Franchise,and that the joinder or consent of any other party, including a court, trustee, or referee, is not necessary to make valid and effective the execution, delivery,and performance of this Franchise and acceptance. DATED at Shelton, Washington this day of 20_. BOARD OF COMMISSIONERS APPROVED: MASON COUNTY, WASHINGTON County Engineer Chair Approve as to form: Vice Chair Chief D.P.A. Commissioner 20 Exhibit A ACCEPTANCE OF FRANCHISE Ordinance No. 115-06, effective November 14, 2006. I, , am the of and am the authorized representative to accept the above-referenced franchise on behalf of I certify that this franchise and all terms and conditions thereof are accepted by ,without qualification or reservation. DATED this day of , 20_ FRANCHISEE By: Its: Tax Id. No. STATE OF ) )ss. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me,and said person acknowledged that he/she signed this instrument,on oath stated that he/she was authorized to execute the instrument and acknowledged it as the of the to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Notary Public Print Name My commission expires A EXHIBIT B Description of Franchise Area B RECORDED AT THE REQUEST OF AND AFTER RECORDING RETURN TO: County of Mason 100 West Public Works Drive Shelton WA 98584 Attn: County Engineer Grantor: COUNTY OF MASON,a legal subdivision of the state of Washington Grantee: Legal Description of Benefited Property Legal Description: Assessor's Tax Parcel ID#: IN THE MATTER OF THE APPLICATION OF FOR A FRANCHISE PERMIT TO CONSTRUCT, OPERATE,AND MAINTAIN UTILITY FACILITIES, OVER, ALONG AND UNDER COUNTY ROADS AND HIGHWAYS LOCATED IN MASON COUNTY, WASHINGTON Application of(Name of Operator) doing business in Washington as with its principal offices located at by and through(person authorized to act for and on behalfofapplicant) for a franchise to construct, operate and maintain (description of type) utility facilities in,over,along and under county roads and highways in Mason County,Washington,as set forth in attached Exhibit "B" (Franchise Area), having come on regularly for hearing before the County Commissioners of Mason County, Washington, on the day of , 20 , at the hour of , under the provisions of RCW 36.55, RCW 80.32.010 and RCW 80.36.040, and it appearing to the Board that notice of said hearing has been duly given as required by law, and that it is in the public interest to allow the franchise herein granted; NOW THEREFORE, IT IS ORDERED that a non-exclusive franchise be, and the same is hereby given and granted to Operator, and its successors and assigns,hereinafter referred to as the Franchisee, for a period of 10 years with automatic renewal at the end of each term of 10 years unless either party gives the other written notice of termination at least 30 days prior to the end of the relevant term. (no more than ten years each term and can only be renewed 3 times) from and after the date of the entry of this order for the purposes, at the location(s), and upon the express terms and conditions as described herein. I. DEFINITIONS For the purposes of this franchise,terms,phrases,words,and their derivations not defined herein that are defined in Title 12 of the Mason County Code or the Manual on Accommodating Utilities in the Mason County Right-of-Way published by the County Engineer(the"Manual"),shall have the same meaning or be interpreted as provided in Title 12 of the Mason County Code or the Manual. Words not defined here, in Title 12 of the Mason County Code or the Manual shall have their ordinary meaning. A reference to Title 12 of the Mason County Code or the Manual refers to the same as may be amended,revised,updated, re-enacted or re-codified from time to time. II. GRANT The County of Mason hereby grants to the Franchisee a non-exclusive franchise which,once it becomes effective shall authorize the Franchisee to enter upon the road rights-of-way located 1 within the Franchise Area identified in attached Exhibit`B", for the purpose of installing, constructing,maintaining,repairing,replacing, adjusting,relocating and operating the utility facilities, which grant shall be limited to the following described purpose(s): Such grant is subject to and must be exercised in strict accordance with and subject to this franchise, Title 12 of the Mason County Code, the Manual and all applicable laws, rules, regulations and ordinances. Franchisee's exercise of any rights granted pursuant to the franchise is subject to the exercise of the County's police powers,and other regulatory powers as it may have or obtain in the future. No rights shall pass to the franchisee by implication. This franchise does not include permission to enter into or upon the road rights-of-way for any purposes others than the purposes expressly described herein. Permittee has a duty to notify the County of any change in use or condition of the utility facilities that may affect the status of the utility facilities or the impact of the utility facilities upon the road rights-of-way. III. UTILITY PERMIT REQUIRED Franchisee shall not commence or perform work(hereafter"Work")to install, construct,maintain repair, replace adjust, connect, disconnect, rebuild, or relocate its utility facilities within the road rights-of-way,without first applying for,paying all associated fees,and obtaining a utility permit as required pursuant to Title 12 of the Mason County Code. In any utility permit so issued,the County may impose,as a condition of the granting the utility permit,such conditions and regulations as may be necessary for the protection,preservation and management of the road rights-of-way,including, by way of example and not limitation, for the purpose of protecting any structures in the road rights-of-way, maintaining proper distance from other utilities, ensuring the proper restoration of such road rights-of-way and structures,and for the protection of the County and the public and the continuity of pedestrian and vehicular traffic. Franchisee shall first file with the County Engineer its application for a utility permit to do such Work together with plans and specifications in triplicate showing at a minimum: A.The position,depth and location of all such utility facilities sought to be constructed,laid, installed or erected at that time,showing their relative position to existing county roads,rights-of-way or other county property upon plans drawn to scale,hereinafter collectively referred to as the"map of definite location; B. The class and type of material and equipment to be used, manner of excavation, construction,installation,backfill,erection of temporary structures,erection of permanent structures, traffic control,traffic turnouts and road obstructions; C. The manner in which the utility facility is to be installed; D. Measures to be taken to preserve safe and free flow of traffic; 2 E. Structural integrity of the roadway, bridge, or other structure; F. Specifications for the restoration of the county road,right-of-way or other county property in the event that the road right of way will be disturbed by the Work; and G. Provision for ease of future road maintenance and appearance of the roadway. Provision shall be made for known or planned expansion of the utility facilities,particularly those located underground or attached to bridges or other structures within the road right-of-way. The location, alignment and depth of the utility facilities shall conform with said map of definite location,except in instances in which deviation may be allowed thereafter in writing by the County Engineer pursuant to application by Franchisee. All such Work shall be subject to the approval of and shall pass the inspection of the County Engineer.The Franchisee shall pay all costs of and expenses incurred in the examination,inspection and approval of such work on account of granting the said utility permits. IV. RESTORATION OF ROAD RIGHT OF WAY In any Work which disturbs or causes damage to the road rights-of-way subject to this franchise, public or private property, the Franchisee shall at its own expense and with all convenient speed, complete the work to repair and restore the county road right-of-way, or the public or private property so disturbed or damaged, and leave the same in as good or better condition as before the Work was commenced,to the reasonable satisfaction of the County Engineer. The Franchisee shall pay all costs of and expenses incurred in the examination, inspection and approval of such restoration or repair. The County Commissioners and/or County Engineer may at any time do,order or have done any and all work that they consider necessary to restore to a safe condition such County road right-of-way or other County property left by the Franchisee or its agents in a condition dangerous to life or property, and the Franchisee, upon demand, shall pay to the County all costs of such work. V. FRANCHISEE WORK IN RIGHT OF WAY Franchisee expressly agrees and understands that,with regard to Work within the road rights-of-way: A. All of Franchisee's utility facilities and Work within the road rights-of-way or other County property shall be in compliance with the provisions of Title 12 MCC, the Manual, the administrative regulations adopted by the County Engineer,other County established requirements for placement of utility facilities in road rights-of-way, including the specific location of utility facilities in the road rights-of-way, and all applicable laws,rules,regulations and ordinances; B. In preparing plans and specifications for Work of utility facilities in the road rights-of- 3 way the Franchisee shall use the Manual. Prior to commencement of work in the road rights-of-way, Franchisee shall submit such plans and specifications to the Mason County Engineer for review and approval together with adequate exhibits depicting existing or proposed location of the utility facility in relation to the road, including right-of-way or easement lines; relationship to currently planned road revisions,if applicable;and all locations and situations for which deviations in depth of cover (including the proposed method of protection)or other locational standards that are anticipated; C. All Work to utility facilities located within the road rights-of-way or other county property subject to this franchise shall be done in such a manner as not to interfere, other than in ways approved by the County, with the construction, operation and maintenance of other utilities, public or private, drains, drainage ditches and structures, irrigation ditches and structures, located therein,nor with the grading or improvements of such County roads,rights-of-way or other County property; D. The owners and operators of all utility facilities (public or private) installed in the Franchise Area or other county property prior in time to the utility facilities of the Franchisee,shall have preference as to the alignment and location of such utilities so installed with respect to the Franchisee. Such preference shall continue in the event of the necessity of relocating or changing the grade of any such county road or right-of-way; E. Franchisee shall perform the Work and operate its utility facilities in a manner that minimizes interference with the use of the road rights-of-way by others,including others that may be installing utility facilities; and F. The County may require that Franchisee's utility facilities be installed at a particular time, at a specific place,or in a particular manner as a condition of access to a particular road right-of-way; may deny access if a Franchisee is not willing to comply with the County's requirements; and may remove, or require removal of, any utility facility that is not installed in compliance with the requirements established by the County,or which is installed without prior County approval of the time, place, or manner of installation and charge the Franchisee for all the costs associated with removal; and may require Franchisee to cooperate with others to minimize adverse impacts on the road rights-of-way through joint trenching and other arrangements. G. The County may inspect the utility facilities at any time reasonable under the circumstances to ensure compliance with this franchise and applicable law,including to ensure that the utility facilities are constructed and maintained in a safe condition. If an unsafe condition is found to exist,the County,in addition to taking any other action permitted under applicable law,may order the Franchisee, in writing, to make the necessary repairs and alterations specified therein forthwith to correct the unsafe condition on a time-table established by the County which is reasonable in light of the unsafe condition. The County has the right to correct,inspect,administer, and repair the unsafe condition if the Franchisee fails to do so, and to charge the Franchisee therefore. The right of the County to conduct such inspections and order or make repairs shall not be construed to create an obligation therefore,and such obligation to construct and maintain its utility 4 facilities in a safe condition shall at all times remain the sole obligation of the Franchisee. H. When required by the County,Franchisee shall make information available to the public regarding any work involving the ongoing installation,construction,adjustment,relocation,repair or maintenance of its utility facilities sufficient to show(1)the nature of the work being performed; (2)where it is being performed; (3) its estimated completion date; and(4)progress to completion. I. FRANCHISEE IS PLACED ON NOTICE THAT FIBER OPTIC,COMMUNICATIONS, POWER, CONTROL SYSTEMS, OTHER TYPES OF CABLES, AND PIPELINES MAY BE BURIED ON THE RIGHT OF WAY. Before beginning any underground work, Franchisee will contact the appropriate personnel to have such facilities located and make arrangements as to protective measures that must be adhered to prior to the commencement of any work within the Road rights-of-way. In addition to the liability terms elsewhere in this Agreement, Franchisee shall indemnify and hold the County and its elected and appointed officers, employees and agents harmless against and from all cost,liability,and expense whatsoever(including,without limitation, attorney's fees and court costs and expenses)arising out of or in any way contributed to by any act or omission of Franchisee,its contractor,agents and/or employees,that cause or in any way or degree contribute to (1)any damage to or destruction of any such facilities by Franchisee, and/or its contractor, agents and/or employees, on the County's property, (2)any injury to or death of any person employed by or on behalf of any entity,and/or its contractor,agents and/or employees,on the road rights-of-way,and/or(3) any claim or cause of action for alleged loss of profits or revenue,or loss of service, by a customer or user of services or products of such company(ies) (collectively "Liabilities" for purposes of this Section V.I). The only Liabilities with respect to which Franchisee's obligation to indemnify the County and its elected and appointed officers,employees and agents does not apply are Liabilities to the extent arising out of,caused by or resulting from the negligence of the County, and its elected and appointed officers, employees and agents and Liabilities that by law the County and its elected and appointed officers, employees and agents for which the County cannot be indemnified. J. Franchisee shall continuously be a member of the State of Washington one number locator service under RCW 19.122, or an approved equivalent, and shall comply with all such applicable rules and regulations. K. Except in the event of emergency as described below,Franchisee and its Agents may not enter upon the Franchise Area to perform work for which a utility permit is not required,unless and except upon two-business days notice to the County Engineer. L. In the event of an emergency involving the threat of imminent harm to persons or property,and for purposes of taking immediate corrective action,Franchisee and its agents may enter the Franchise Area without advance notice to the County as long as such entry is for the sole purpose of addressing the emergency;provided however,that if any entry for such purposes would require issuance of a utility permit,Franchisee shall give the County verbal or telephonic notice of the places where and the manner in which entry is required prior to such entry,promptly followed by written notice. In all cases,notice to the County shall be given as far in advance as practical prior to entry or as soon as practicable after entry upon the road right-of-Way. 5 M. Franchisee shall promptly reimburse the County for their reasonable and direct costs incurred in responding to an emergency that is caused, created by or attributable to the presence, construction,maintenance,repair,or operation of the Franchisees utility facilities in the road rights- of-way. N. If,during installation,construction,relocation,realignment,adjustment,maintenance,or repair of the Franchisee's utility facilities in the road rights-of-way,Franchisee or its agents discover scientific or historic artifacts,Franchisee shall immediately notify the County of said discovery and shall protect such artifacts in a manner as specified by the County. Any such artifact shall be the property of the County if the County wishes to own it. VI. PROTECTION OF PUBLIC All work done under this franchise shall be done in a thorough and workman-like manner. In the performance of Work within or near the road rights-of-way, including without limitation, the opening of trenches and the tunneling under county roads,rights-of way or other county property,the Franchisee shall leave such trenches, ditches and tunnels in such a way as to interfere as little as possible with public travel and shall take all due and necessary precautions to guard the same,so that damage or injury shall not occur or arise by reason of such Work; and where any of such trenches, ditches and tunnels are left open at night,the Franchisee shall place warning lights,barricades and other appropriate protective devices at such a position as to give adequate warning of such Work. The Franchisee shall be liable for any injury to person or persons or damage to property sustained arising out of its carelessness or neglect,or through any failure or neglect to properly guard or give warning of any trenches,ditches or tunnels dug or maintained by the Franchisee. VII. POLICE POWERS The County of Mason,in granting this franchise,does not waive any rights which it now has or may hereafter acquire with respect to county roads, rights-of-way or other county property and this franchise shall not be construed to deprive the county of any powers, rights or privileges which it now has or may hereafter acquire to regulate the use of and to control the county roads,rights-of-way and other county property covered by this franchise. The County retains the right to administer and regulate activities of the Franchisee up to the fullest extent of the law. The failure to reserve a particular right to regulate,or reference a particular regulation, shall not be interpreted by negative implication or otherwise to prevent the application of a regulation to the Franchisee. VIII. RELOCATION Franchisee shall, in the course of any Work, comply with the following requirements: A. The Franchisee shall, by a time specified by the County, protect, support, temporarily disconnect,relocate,or remove any of its utility facilities when required by the County by reason of traffic conditions;public safety;road right-of-way construction;road right-of-way repair(including 6 resurfacing or widening);change of road right-of-way grade;construction,installation,or repair of County-owned sewers,drains,water pipes,power lines,signal lines,tracks,communications system, other public work, public facility, or improvement of any government-owned utility; road right-of-way vacation;or for any other purpose where the County work involved would be aided by the removal or relocation of the utility facilities. Collectively,such matters are referred to below as the "public work." Franchisee acknowledges and understands that any delay by Franchisee in performing the herein described work may delay, hinder, or interfere with the work performed by the County and its contractors and subcontractors done in furtherance of such Public Work and result in damage to the County,including but not limited to,delay claims. Franchisee shall cooperate with the County and its contractors and subcontractors to coordinate such Franchisee work to accommodate the Public Work project and project schedules to avoid delay, hindrance of, or interference with the Public Work. The County of Mason shall make available to the Franchisee a copy of the Six Year Transportation Program and the County's annual construction program after adoption each year. It is anticipated these programs will aid the utility in planning construction programs. B. Franchisee has a duty to protect its utility facilities from work performed by the County within the road rights-of-way. The rights granted to the Franchisee herein do not preclude the County of Mason, its employees, contractors, subcontractors, and agents from blasting, grading, excavating, or doing other necessary road work contiguous to Franchisee's utility facilities; providing that, the Franchisee shall be given a minimum of forty-eight (48) hours notice of said blasting or other work in order that the Franchisee may protect its utility facilities. C. In the event of an emergency,or where the utility facility creates or is contributing to an imminent danger to health, safety, or property, the County may protect, support, temporarily disconnect,remove,or relocate any or all parts of the utility facility without prior notice,and charge the Franchisee for costs incurred. D. If any Person that is authorized to place facilities in the road right of way requests the Franchisee to protect, support,temporarily disconnect,remove, or relocate the Franchisee's utility facilities to accommodate the construction,operation,or repair of the facilities of such other person, the Franchisee shall,after 30 days'advance written notice,take action to effect the necessary changes requested;provided that,if such project is related to or competes with Franchisee's service,or if the effect of such changes would be to permanently deprive Franchisee of the beneficial enjoyment of this franchise for its intended purposes through interference with the operation of Franchisee's utility facilities or otherwise, Franchisee shall not be required to relocate its utility facilities. Unless the matter is governed by a valid contract or a state or federal law or regulation, or unless the Franchisee's utility facilities were not properly installed, the reasonable cost of the same shall be borne by the Person requesting the protection, support, temporary disconnection, removal, or relocation at no charge to the County, even if the County makes the request for such action. 7 E. The Franchisee shall, on the request of any person holding a valid permit issued by a governmental authority, temporarily raise or lower its wires to permit the moving of buildings or other objects. The expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting the same. The County of Mason will accept liability for direct and actual damages to said Franchisee that are the result of the negligence of Mason County, its trustees, officers, employees, contractors, subcontractors or agents while performing County improvement or Public Works projects enumerated in the original franchise agreement under Section VIII,paragraph B. Direct and actual damages are specifically limited to physical damage to properly installed and located infrastructure of the Franchisee and the cost to repair such physical damage. Mason County retains the right to assert all applicable defenses in the event of a dispute including contributory negligence on the part of the Franchisee. Mason County shall in no way be liable for incidental damages claimed to arise from such actions. All Work to be performed by the Franchisee under this section shall pass the inspection of the County Engineer. The Franchisee shall pay all costs of and expenses incurred in the examination, inspection and approval of such work. IX. PRESERVATION OF MONUMENTS/MARKERS Before any work is performed under this franchise which may affect any existing monuments or markers of any nature relating to subdivisions,plats,roads and all other surveys,the Franchisee shall reference all such monuments and markers. The reference points shall be so located that they will not be disturbed during the Franchisee's operations under this franchise. The method of referencing these monuments or other points to be referenced shall be approved by the County Engineer. The replacement of all such monuments or markers disturbed during construction shall be made as expeditiously as conditions permit,and as directed by the County Engineer. The cost of monuments or other markers lost, destroyed, or disturbed, and the expense of replacement by approved monuments shall be borne by the Franchisee. A complete set of reference notes for monument and other ties shall be filed with the office of the Mason County Engineer. X. VACATION OF ROAD RIGHT-OF-WAY If at any time the County shall vacate any County road,right-of-way or other County property which is subject to rights granted by this franchise and said vacation shall be for the purpose of acquiring the fee or other property interest in said road, right-of-way or other county property for the use of Mason County,in either its proprietary or governmental capacity,then the Board of Mason County Commissioners may, at its option, and by giving thirty(30) days written notice to the Franchisee, terminate this franchise with reference to such county road,right-of-way or other county property so vacated, and the County of Mason shall not be liable for any damages or loss to the Franchisee by reason of such termination. It has been the practice of Mason County to reserve easements for 8 utilities at the time of road vacation,and will continue to be the practice until such time the Board of Mason County Commissioners direct a change of practice. XI.FINANCIAL SECURITY A. Insurance Except as otherwise provided herein,Franchisee shall maintain for itself and the County,throughout the entire period any part of Franchisee's utility facilities are located in the Franchise Area, adequate insurance to protect the Parties and their elected and appointed officers, agents,employees against all of County's and Franchisee's liability arising out of Franchisee's use and occupancy of the Franchise Area or any part thereof. This obligation shall require the Franchisee to maintain insurance at least in the following amounts: 1. COMMERCIAL GENERAL LIABILITY insurance to cover liability, bodily injury, and property damage. The Commercial General Liability insurance shall be written on an occurrence basis, with an aggregate limit location endorsement for the Franchise Area, and shall provide coverage for any and all costs, including defense costs, and losses and damages resulting from personal injury, bodily injury and death, property damage, products liability and completed operations. Such insurance shall include blanket contractual coverage, including coverage for the Franchise as now or hereafter amended and specific coverage for the indemnity provisions set forth herein. Coverage must be written with the following limits of liability: Bodily and Personal Injury&Property Damage $ 1,000,000 per Occurrence $ 2,000,000 aggregate 2 WORKERS' COMPENSATION insurance shall be maintained to comply with statutory limits for all employees,and in the case any work is sublet,the Franchisee shall require its contractors and subcontractors similarly to provide workers' compensation insurance for all the employees. The Franchisee shall also maintain, during the life of this policy, employer's liability insurance;provided that this obligation shall not apply to any time period during which Franchisee has no employees. The following minimum limits must be maintained: Workers' Compensation Statutory Employer's Liability $ 1,000,000 each occurrence 3.COMPREHENSIVE AUTO LIABILITY insurance shall include owned,hired,and non-owned vehicles operated by Franchisee employees on an occurrence basis with coverage of at least$2,000,000 per occurrence. If the Franchisee, its contractors, or subcontractors do not have the required insurance,the County may require such entities to stop operations until the insurance is obtained and approved. Certificates of Insurance reflecting evidence of the required insurance and approved by the County's 9 Risk Manager for the GENERAL LIABILITY policies described above,shall be sent to the County's risk manager. The certificate shall be filed with the acceptance of the franchise, and annually thereafter,and as provided below. All coverage shall be listed all on one certificate with the same expiration dates. The certificates shall contain a provision that coverages afforded under these policies will not be canceled until at least 30 days'prior written notice has been given to the County. In the event that the insurance certificate provided indicates that the insurance shall terminate or lapse during the period of the franchise,then, in that event,the Franchisee shall furnish,at least 30 days prior to the expiration of the date of such insurance,a renewed certificate of insurance as proof that equal and like coverage has been or will be obtained prior to any such lapse or termination during the balance of the period of the franchise. The County reserves the right, during the term of the franchise, to require any other insurance coverage or adjust the policy limits as it deems reasonably necessary utilizing sound risk management practices and principals based upon the loss exposures. Each insurance policy required pursuant to this franchise shall be primary and non-contributing as respects any coverage maintained by the County and shall include an endorsement reflecting the same. Any other coverage maintained by County shall be excess of this coverage herein defined as primary and shall not contribute with it. The certificate of insurance must reflect that the above wording is included in all such policies. Each insurance policy obtained pursuant to this franchise shall be issued by financially sound insurers who may lawfully do business in the State of Washington with a financial rating at all times during coverage of no less than rating of"A" and a class of"X" or better in the latest edition of "Best's Key Rating Guide"published by A.M.Best Company,or such other financial rating or rating guide approved in writing by the County's risk manager. In the event that at any time during coverage,the insurer does not meet the foregoing standards,Franchisee shall give prompt notice to the County and shall seek coverage from an insurer that meets the foregoing standards. The County reserves the right to change the rating or the rating guide depending upon the changed risks or availability of other suitable and reliable rating guides. Comprehensive general liability insurance policies and coverage obtained pursuant to this franchise shall include an endorsement(standard ISO form CG 24-17)deleting all exclusions for work or incidents occurring within any distance from a railroad track or railroad property, or on, over, or under a railroad track. Insurance policies required pursuant to this franchise shall have no non-standard exclusions unless approved of by the County Risk Manager or designee. Commercial general liability insurance policies obtained pursuant to this franchise shall name the 10 County as an additional insured without limitation,pursuant to an endorsement approved of by the County's Risk Manager or designee. Franchisee and Franchisee's Contractors' insurers, through policy endorsement, shall waive their rights of subrogation against the County for all claims and suits. The certificate of insurance must reflect this waiver of subrogation rights endorsement. Commercial General Liability Insurance policies and coverage required herein of public utility operators may include a reasonable deductible or self-insured retention;provided,however,that as to any Loss or Damage covered as provided herein, if Franchisee elects to include any deductible or self-insured retention,Franchisee shall itself directly cover,in lieu of insurance,any and all County liabilities that would otherwise in accordance with the provisions of this Franchise be covered by Franchisee's insurance if Franchisee elected not to include a deductible or self-insured retention. Such direct coverage by Franchisee shall be in an amount equal to the amount of Franchisee's actual deductible or self-insured retention. Franchisee shall be required to provide a certification of self- insurance retention to the county in a form and content acceptable to the county engineer. B. Performance/Payment Bond. At the same time Franchisee provides its acceptance of this Franchise, the Franchisee shall, if required by the County Engineer, provide a performance and payment bond to ensure the full and faithful performance of all of its responsibilities under this franchise and applicable rules, regulations and ordinances, including, by way of example, but not limited to,its obligations to relocate and remove its utility facilities,to restore the road rights-of-way and other property when damaged or disturbed, and to reimburse the County for its costs. The amount of the performance and payment bond shall be for ZERO ($0). The amount of the bond,or cash deposit as described below, may be adjusted by the County every five years from the date of execution of this franchise,to take into account cumulative inflation or increased risks to the County. The Franchisee may be required to obtain additional bonds in accordance with the County's ordinary practices. The bond shall be in a form with terms and conditions acceptable to the County and reviewed and approved by the County Engineer. The bond shall be with a surety with a rating no less than "A X" in the latest edition of"Bests Key Rating Guide," published by A.M. Best Guide. The Franchisee shall pay all premiums or costs associated with maintaining the bond,and shall keep the same in full force and effect at all times.If Franchisee fails to provide or maintain the bond,then the County,in its sole discretion,may require Franchisee to substitute an equivalent cash deposit as described below in lieu of the bond. Franchisee, may at its election or upon order by the County, substitute an equivalent cash deposit instead of a performance and payment bond. This cash deposit shall ensure the full and faithful performance of all of Franchisee's responsibilities hereto under this Permit and all applicable laws, rules, regulations or ordinances. This includes, but is not limited to, its obligations to relocate or remove its facilities, restore the road rights-of-way and other property to their original condition, reimbursing the County for its costs, and keeping Franchisee's insurance in full force. The County shall notify Franchisee in writing, by certified mail, of any default and shall give 11 Franchisee thirty(30)days from the date of such notice to cure any such default. In the event that the Franchisee fails to cure such default to the satisfaction of the County,the County may,at its option, forfeit the entire amount of the cash deposit or draw upon the cash deposit up to the amount of the County's costs incurred to cure Franchisee's default. Upon the County's cure of Franchisee's default,the County shall notify Franchisee in writing of such cure. In the event that the County draws upon the cash deposit or forfeits the same, Franchisee shall thereupon replenish the cash deposit to the full amount as specified herein or provide a replacement performance and payment bond. Before any Work commences in the road right-of-way,the County Engineer may require the operator to provide a performance and payment bond for each separate project in an amount to be determined by the County Engineer, but not less than five hundred dollars, written by a surety company acceptable to the County Risk Manager and authorized to do business in the state of Washington. The purpose of the bond is to insure completion of construction, including the restoration of surfacing,slopes,slope treatment,topsoil,landscape treatment,and drainage facilities,and cleanup of rights-of-way, and payment of costs incurred by the County to enforce the requirements of this Chapter. The performance and payment bond shall be in place for a period ending not more than one year after the date of completion. A project specific performance bond shall not be required in the event that the franchisee has in place a blanket performance bond and, when required, a payment bond, maintained pursuant to the requirements of this franchise. A performance and payment bond for work in the road right-of-way will not be required of the United States Government or any of its agencies or of any municipal corporation or department of the state of Washington and its local subdivisions. C. Limitation of Liability. To the fullest extent permitted by law,the Franchisee shall,and shall cause its contractor(s) to release, indemnify, defend and hold harmless the county and the county's legal representatives,officer(elected or),appointed)employees and agents(collectively, "indemnitees") for, from and against any and all claims, liabilities,fines,penalties,cost,damages, losses, liens, causes of action, suits, demands, judgments and expenses (including, without limitations, court costs, attorneys' fees and costs of investigation, removal and remediation and governmental oversight costs),Environmental or otherwise(collectively"liabilities")of any nature, kind,or description,of any person or entity,directly or indirectly,arising out of,resulting from,or related to (in whole or in part): 1. this franchise; 2. any rights or interests granted pursuant to this franchise; 3. franchisee's occupation and use of the road right of way; 12 4. franchisee's operation of its utility facilities; 5. the presence of utility facilities within the right of way; 6. the environmental condition and status of the road right-of-way caused by, aggravated by, or contributed to, in whole or in part, by franchisee or its agents; or 7. The acts,errors,or omissions of third parties when arising out of the installation, construction,adjustment,relocation,replacement,removal,or maintenance of such third party utility facilities within the road rights-of-way when such work is performed under authority of the operator's utility permit or at the direction or under the control of the operator; or 8. any act or omission of franchisee or franchisee's agents; The only liabilities with respect to which franchisee's obligation to indemnify the indemnitees do not apply are liabilities to the extent arising out of, caused by or resulting from the negligence of the county, its officers, agents, employees or contractors and liabilities that by law the indemnities cannon be indemnified for. Upon written notice from the county,franchisee agrees to assume the defense of any lawsuit or other proceeding brought against any indemnitee by any entity, relating to any matter covered by this franchise for which franchisee has an obligation to assume liability for and/or save and hold harmless any indemnitee.Franchisee shall pay all cost incident to such defense,including,but not limited to, attorneys'fees,investigators' fees,litigation and appeal expenses,settlement payments and amounts paid in satisfaction of judgments. Franchisee will fully satisfy said judgment within ninety(90)days after said suit or action shall have finally been determined if determined adversely to Mason County. Upon the Franchisee's failure to satisfy said judgment within the ninety (90) day period, this franchise shall at once cease and terminate. Acceptance by the County of any Work performed by the Franchisee at the time of completion shall not be grounds for avoidance of this covenant. XII. FRANCHISE NONEXCLUSIVE This franchise shall not be deemed to be an exclusive franchise. It shall in no manner prohibit the County of Mason from granting other utilities under,along,across,over and upon any of the County roads,rights-of-way or other County property subject to this franchise and shall in no way prevent or prohibit the County of Mason from constructing, altering, maintaining or using any of said roads, rights-of-way,drainage structures or facilities,irrigation structures or facilities,or any other county property or affect its jurisdiction over them or any part of them with full power to make all necessary changes,relocations, repairs,maintenance, etc.,the same as the county may deem fit. 13 XIII. SUCCESSORS AND ASSIGNS All the provisions,conditions,regulations and requirements herein contained shall be binding upon the successors and assigns of the Franchisee,and all privileges,as well as all obligations and liability of the Franchisee, shall ensure to its successors and assigns equally as if they were specifically mentioned wherever the Franchisee is mentioned. Any reference in this franchise to a specifically named party shall be deemed to apply to any successor, heir, administrator, executor or assign of such party who has acquired its interest in compliance with the terms of this franchise,or under law. XIV. TRANSFER/ASSIGNMENT Franchisee may assign or transfer this franchise after prior written notice to County of Mason and assignee's written commitment,in a form and content approved by the County Prosecutor,delivered to County of Mason,that assignees shall thereafter be responsible for all obligations of Franchisee with respect to the franchise and guaranteeing performance under the terms and conditions of the franchise and that transferee will be bound by all the conditions of the franchise and will assume all the obligations of its predecessor. Such an assignment shall relieve the Franchisee of any further obligations under the franchise, including any obligations not fulfilled by Franchisee's assignee; provided that,the assignment shall not in any respect relieve the Franchisee,or any of its successors in interest,of responsibility for acts or omissions,known or unknown,or the consequences thereof, which acts or omissions occur prior to the time of the assignment. No franchise or master road use permit may be assigned or transferred without filing or establishing with the county the insurance certificates and performance bond as required pursuant to this franchise. XV. ANNEXATION Whenever any of the County roads, rights-of-way or other county property as designated in this franchise,by reason of the subsequent incorporation of any town or city,or extension of the limits of any town or city, shall fall within the city or town limits and shall by operation of law or otherwise terminate in respect to the said roads,rights-of-way or other county property so included with city or town limits; this franchise shall continue in force and effect to all county roads, rights-of-way or other county property not so included in city or town limits. XVI. REVOCATION/REMEDIES A. Revocation. In addition the right to revoke this franchise as set forth in Title 12 of the Mason County Code, if the Franchisee shall willfully violate, or fail to comply with any of the provisions of this franchise through willful or unreasonable neglect or fail to heed or comply with any notice given the Franchisee under the provision of this grant, then Franchisee shall forfeit all rights conferred hereunder and this franchise may be revoked or annulled,after a public hearing by the Board of County Commissioners. The Franchisee shall not be relieved of any of its obligations to comply promptly with any provision of this franchise by reason of any failure of the County to enforce prompt compliance,and the County's failure to enforce shall not constitute a waiver of rights 14 or acquiescence in the Licensee's conduct. Subject to the required consent, adjudication, permission or authorization of a federal or state regulatory agency with jurisdiction over the subject matter, upon revocation of the franchise, the County may require the Franchisee to remove its utility facilities from any road rights-of-way,and restore such road right-of-way to its same or better condition as existed just prior to such removal,or de-commission and abandon such utility facilities in place in whole or in part and in a manner approved by the County Board of Commissioners. If the Franchisee fails to remove utility facilities that the County requires it to remove,the County may perform the work and collect the cost thereof from the Franchisee. The actual cost thereof,including direct and indirect administrative costs,shall be a lien upon all utility facilities of the Franchisee within the franchise Area effective upon filing of the lien with the Mason County Auditor. B. Remedies. The County has the right to exercise any and all of the following remedies, singly or in combination,in the event of Default. "Default"shall mean any failure of Franchisee or its agents to keep,observe,or perform any of Franchisee's or its agent's duties or obligations under this franchise: 1. Damages. Franchisee shall be liable for any and all damages incurred by County. 2. Specific Performance. County shall be entitled to specific performance of each and every obligation of Franchisee under this franchise without any requirement to prove or establish that County does not have an adequate remedy at law. Franchisee hereby waives the requirement of any such proof and acknowledges that County would not have an adequate remedy at law for Franchisee's commission of an Event of Default hereunder. 3. Injunction. County shall be entitled to restrain, by injunction, the actual or threatened commission or attempt of an Event of Default and to obtain a judgment or order specifically prohibiting a violation or breach of this Agreement without, in either case, being required to prove or establish that County does not have an adequate remedy at law. Franchisee hereby waives the requirement of any such proof and acknowledges that County would not have an adequate remedy at law for Franchisee's commission of an Event of Default hereunder. 4. Alternative Remedies. Neither the existence of other remedies identified in this franchise nor the exercise thereof shall be deemed to bar or otherwise limit the right of the County to commence an action for equitable or other relief, and/or proceed against Franchisee and any guarantor for all direct monetary damages, costs and expenses arising from the Default and to recover all such damages, costs and expenses, including reasonable attorneys' fees. Remedies are cumulative; the exercise of one shall not foreclose the exercise of others. XVII. SUBSEQUENT ACTION In the event that after this franchise becomes effective, (a) there is a change in the law which 15 broadens the authority of the County of Mason or the Franchisee with respect to any act permitted or authorized under this franchise; or (b)the County of Mason or the Franchisee believe that amendments to this franchise are necessary or appropriate, then the County of Mason and the Franchisee agree to enter into good faith negotiations to amend this franchise so as to enable the Parties to address, in a manner reasonably acceptable to all Parties, such change or other development which formed the basis for the negotiations. The Parties recognize that the purpose of the negotiations would be to preserve, to the maximum extent consistent with law, the scope and purpose of this franchise. Mason County reserves for itself the right at any time upon ninety (90) days written notice to the Franchisee, to so change, amend, modify or amplify any of the provisions or conditions herein enumerated to conform to any state statute or county regulation,relating to the public welfare,health, safety or highway regulation,as may hereafter be enacted,adopted or promulgated and this franchise may be terminated at such time a public hearing is held by the Board of County Commissioners,and the Franchisee's utility facilities are found not to be operated or maintained in accordance with such statute or regulation. XVIII. ACCEPTANCE Franchisee shall execute and return to the County of Mason a signed acceptance of the franchise granted hereunder. The acceptance shall be in the form of the acceptance attached hereto as Exhibit "A", and in accepting the franchise, Franchisee warrants that it has carefully read the terms and conditions of this franchise and accepts all of the terms and conditions of this franchise and agrees to abide by the same and acknowledges that it has relied upon its own investigation of all relevant facts, that it has had the assistance of counsel, that it was not induced to accept a franchise, that this franchise represents the entire agreement between the Franchisee and the County of Mason. In the event the Franchisee fails to submit the countersigned ordinance and acceptance as provided for herein within the time limits set forth in this section,the grant herein is and shall become null and void. XIX. MISCELLANEOUS PROVISIONS A. Controlling Law/Venue. Any disputes concerning the application or interpretation of any of the provisions of this franchise shall be governed by the laws of the State of Washington. Venue of any action or arbitration brought under this franchise shall be in Mason County,Washington or the Western District of Washington if an action is brought in federal court, provided, however, that venue of such action is legally proper. B. Liens. Franchisee shall promptly pay and discharge any and all liens arising out of any Work done, suffered or permitted to be done by Franchisee on any Franchise Area. C. Waiver. No waiver by either party of any provision of this franchise shall in any way impair the right of such party to enforce that provision for any subsequent breach, or County of 16 Mason's right to enforce all other provisions of this franchise. D. Attorney's Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this franchise, the substantially prevailing Party or Parties shall be entitled to reasonable attorney's fees,costs and necessary disbursements in addition to any other relief to which such Party or Parties may be entitled. E. Amendment. This franchise may be amended only by a written contract signed by authorized representatives of Franchisee and County of Mason. F. Severability. If any provision of this franchise is held to be illegal, invalid or unenforceable under present or future laws,such provision will be fully severable and this franchise will be construed and enforced as if such illegal, invalid or unenforceable provision is not a part hereof,and the remaining provisions hereof will remain in full force and effect. In lieu of any illegal, invalid or unenforceable provision herein, there will be added automatically as a part of this franchise; a provision as similar in its terms to such illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable. G. Joint and Several Liability. Franchisee acknowledges that, in any case in which Franchisee and Franchisee's Contractors are responsible under the terms of this franchise, such responsibility is joint and several as between Franchisee and any such Franchisee's Contractors; provided that,the Franchisee is not prohibited from allocating such liability as a matter of contract. H. Notices. Any notice contemplated, required, or permitted to be given under this franchise shall be sufficient if it is in writing and is sent either by: (a)registered or certified mail, return receipt requested;or(b)a nationally recognized overnight mail delivery service,to the Party and at the address specified below, except as such Party and address may be changed by providing notice to the other Party no less than thirty (30) days' advance written notice of such change in address. Franchisee: Attn: Grantor: County of Mason Public Works 100 Public Works Drive Shelton, WA 98584 I. Approvals. Nothing in this franchise shall be deemed to impose any duty or obligation upon the County of Mason to determine the adequacy or sufficiency of Franchisee's plans and specifications or to ascertain whether Franchisee's proposed or actual construction, testing, 17 maintenance,repairs,replacement,relocation,adjustment or removal is adequate or sufficient or in conformance with the plans and specifications reviewed by the County of Mason. No approval given, inspection made, review or supervision performed by the County of Mason pursuant to this franchise shall constitute or be construed as a representation or warranty express or implied by County of Mason that such item approved, inspected, or supervised, complies with laws, rules regulations or ordinances or this franchise or meets any particular standard,code or requirement,or is in conformance with the plans and specifications,and no liability shall attach with respect thereto. County and inspections as provided herein, are for the sole purpose of protecting the County of Mason's rights as the owner or manager of the road rights-of-way and shall not constitute any representation or warranty,express or implied,as to the adequacy of the design,construction,repair, or maintenance of the utility facilities, suitability of the Franchise Area for construction, maintenance,or repair of the utility facilities,or any obligation on the part of the County of Mason to insure that work or materials are in compliance with any requirements imposed by a governmental entity. County of Mason is under no obligation or duty to supervise the design, construction, installation, relocation, adjustment, realignment, maintenance, repair, or operation of the utility facilities. J. Force Majeure. Neither Party hereto shall be liable to the other Party for any failure to perform an obligation set forth herein to the extent such failure is caused by war,act of terrorism or an act of God, provided that such Party has made and is making all reasonable efforts to perform such obligation and minimize any and all resulting loss or damage. K. Construction. All pronouns and any variations thereof shall be deemed to refer to the masculine,feminine or neuter,singular or plural,as the identity of the Party or Parties may require. The provisions of this franchise shall be construed as a whole according to their common meaning, except where specifically defined herein,not strictly for or against any party and consistent with the provisions contained herein in order to achieve the objectives and purposes of this franchise. L. Incorporation by Reference. All exhibits annexed hereto at the time of execution of this franchise or in the future as contemplated herein, are hereby incorporated by reference as though fully set forth herein. M. Calculation of Time. All periods of time referred to herein shall include Saturdays, Sundays,and legal holidays in the State of Washington,except that if the last day of any period falls on any Saturday,Sunday,or legal holiday in the State of Washington,the period shall be extended to include the next day which is not a Saturday, Sunday, or legal holiday in the State of Washington. N. Entire Agreement. This franchise is the full and complete agreement of County of Mason and Franchisee with respect to all matters covered herein and all matters related to the use of the Franchise Area by Franchisee and Franchisee's Contractors,and this franchise supersedes any and all other agreements of the Parties hereto with respect to all such matters,including,without limitation, all agreements evidencing the franchise. 18 O. No Recourse. Without limiting such immunities as the County or other persons may have under applicable law,Franchisee shall have no monetary recourse whatsoever against the County or its officials, boards, commissions, agents, or employees for any loss or damage arising out of the County's exercising its authority pursuant to this Franchise or other applicable law. P. Responsibility for Costs. Except as expressly provided otherwise,any act that Franchisee is required to perform under this franchise shall be performed at its cost. If Franchisee fails to perform work that it is required to perform within the time provided for performance,the County may perform the work and bill the Franchisee. The Franchisee shall pay the amounts billed within 30 days. Q. Work of Contractors and Subcontractors. Work by contractors and subcontractors is subject to the same restrictions, limitations, and conditions as if the work was performed by the Franchisee. The Franchisee shall be responsible for all work performed by its contractors and subcontractors,and others performing work on its behalf,under its control,or under authority of its utility permit,as if the work were performed by it and shall ensure that all such work is performed in compliance with this franchise, Title 12 MCC, the Manual and other applicable law, and shall be jointly and severally liable for all damages and correcting all damage caused by them. It is the Franchisee's responsibility to ensure that contractors, subcontractors, or other Persons performing work on the Franchisee's behalf are familiar with the requirements of the franchise,Title 12 MCC, the Manual, and other applicable laws governing the work performed by them. R. Survival of Terms. Upon the expiration, termination, revocation or forfeiture of the franchise,the Franchisee shall no longer have the right to occupy the franchise area for the purpose of providing services authorized herein. However,the Franchisee's obligations under this franchise to the County shall survive the expiration, termination, revocation or forfeiture of these rights according to its terms for so long as the Franchisee's utility facilities shall remain in whole or in part in the road rights of way. By way of illustration and not limitation, Franchisee's obligations to indemnify, defend and hold harmless the County, provide insurance and a performance/payment bond pursuant to Section XI and Franchisee's obligation to relocate its utility facilities pursuant to Section VIII, shall continue in effect as to the Franchisee, notwithstanding any expiration, termination, revocation or forfeiture of the franchise, except to the extent that a County-approved transfer, sale,or assignment of the utility system is completed,and another entity has assumed full and complete responsibility for the utility system or for the relevant acts or omissions. S. Warranties. By acceptance of this franchise,Franchisee warrants: 1. That Franchisee has full right and authority to enter into and perform this Franchise in accordance with the terms hereof, and by entering into or performing this Franchise, Franchisee is not in violation of its charter or by-laws,or any law,regulation,or agreement by which it is bound or to which it is subject; and 2. That the execution,delivery,and performance of this Franchise by Franchisee has been duly authorized by all requisite Board/Commission action, that the signatories for Franchisee of the 19 acceptance hereof are authorized to sign this Franchise,and that the joinder or consent of any other party, including a court, trustee, or referee, is not necessary to make valid and effective the execution, delivery, and performance of this Franchise and acceptance. DATED at Shelton, Washington this day of 20_. BOARD OF COMMISSIONERS APPROVED: MASON COUNTY, WASHINGTON County Engineer Chair Approve as to form: Vice Chair Chief D.P.A. Commissioner 20 Exhibit A ACCEPTANCE OF FRANCHISE Ordinance No. 115-06, effective November 14, 2006. I, , am the of and am the authorized representative to accept the above-referenced franchise on behalf of • I certify that this franchise and all terms and conditions thereof are accepted by ,without qualification or reservation. DATED this day of , 20_ FRANCHISEE By: Its: Tax Id.No. STATE OF ) )ss. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me,and said person acknowledged that he/she signed this instrument,on oath stated that he/she was authorized to execute the instrument and acknowledged it as the of the to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Notary Public Print Name My commission expires A EXHIBIT B Description of Franchise Area B RECORDED AT THE REQUEST OF AND AFTER RECORDING RETURN TO: County of Mason 100 West Public Works Drive Shelton WA 98584 Attn: County Engineer Grantor: COUNTY OF MASON, a legal subdivision of the state of Washington Grantee: • Legal Description of Benefited Property Legal Description: Assessor's Tax Parcel ID#: Emerald Lake wz I. RO V pt Z ,qP -914 4 , 0 -� G 9 l „Q ,, 1 1 _ Wit, ItAa , , ay - /. (.- S'T- 4-01i, (v Emerald Lake /,r s V /. Q / / -/I ------- - ',67: 1 �•� Al i 1 /l# 4 ---- K tic<` 9F 2c<‘ cy-1. �y0 if, ti 111 11 rri kliolirilli* r/-' Thir4.11* ) (° v m CD n XI PI %rnikr( n i (n o N CD 0 , (D r v m n g N. m NE BENNETSON LAKE RD N Lakeland Village t.1.: , , s . • .s- II ` « U C ��� ' E STERL'ING-DR W„ . , ; �r ' igi1111- 1 I- � to- %Pit I ' 1 % • :I • E 'Tam co 4 0.7 07,--i...... .......4.*it crO,' °to,' IINF;0 , • m in . 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Puget Sound a./t it l, i ttil��► . evv, a .- .a, PUD# 1 EXHIBIT B Description of Franchise Area All County Roads,right of way and real property in Mason County. B Timberlake Community A ~1 ETA , ' ...... ;A, . laLr-trirk.....,,,,..„.„.,-,--,L.::_:.,_.., ._:. ... .. / era 1 61-11-V ttit,...7:' . .,7.1 - rr ;so" , 4, 416..„-_-4 .-',T._:...- :''..,.- rii,-.47,,,_ ( _ .._ kg_ v 4 _41.•_:_::.:_;:-L..:_ , ,ki.:..,-._7:..,_=:..---:.--.:::.ti. .,,7.=:_-; ros 14p 1 co 6----Nr ..--. *: --.:.-- -_::A.„.@_-Aii-i. - ---- ..t irtrosi,_ANO i ., ..._ , .. ,:,:.::::i uj a r ill'b* 1:),..tt:41,..:-,,k,.. ii illij �,Pi' / eft 010111111011 ` Big Twin Lake ?' � 0. is 1 z 111* ° win am lump .v.._ ,cr: - MB 4 110 miff. a 0 . 0 a, - 4 11 IlMil MN % .4 (ei ilk , ,4* V7 I Vr# 4% ,00/ .r-',. .:..i,'-':-.1-- °I-41- 4 —4171biliarj" 41.111,, ,--_-.17,--: "'.1-4:-- - - /4* .•4• r4 i ‘l:A lilt 4 \\ %N..* S4‘4 ,b,v• Ai? siN wr 4 /A, „;:.t.....7. 11 le. i# .. k7 *at,. +4 fir: ,r 4ftir p 1 : A NI IL $# OkYilitVel4b 7.,co -- . z-I;Al r----- ../ 4tit qv 111.Wke/ *44; 4IV E-- u Pal kv.tito*At.,/ 1 r 4 i s i_keq -‘ 11. -.•-':: 4 a op. 8‘14,0 _op \'' alto rs 1Paa'i it NI •lt .' , i s****4P4` % ai ►, tier � � ..�W4141/ NW on gr ter. �� ♦ r • 11 it lilt f%~4,...V•A►" .0+ is11 -ra - a r_iiii :1: . Li .11► to4*#e . /d: : ii,. 'ma : fir Amin va, .\,_.,,„.... ......._ E AGATE RD - J rt. -I, Clifton Beach � Nf �H N Kamilche Shores A . /A LI: IL Puget Sound a .1" . ...., ,,,.. .__ „„ * ari 1.1 . -;, MP 11111111 ., SE KAMILCHE POINT R`` IIII .................... a .. .. ..,,,. Twin WWig Puget Sound ir if .' O' _• 7.W CY m 4 MOW N 11111111. Mil • immiThillill, . SF�gHM qNR� N Paradise Estates A Wtre_,, „ 1.111111111111111111.. , Viz /.- „„, N _Al ( /I110.111. l 1% 7 1 ilitir -11 r 4) / \•, „ 11 B \ --\)--0 e'f.::„..0iiiiie / +f�IfIflNllllP5A• �,o;,���h111 Irmo 111 le-Thri II P 1 111111���\‘ 4.... ,„, // Iri 0 rirk"tos !_ Loilit . ,_-_-.: • Mason Lake iti.r_ t. 4 Alin ' ' ' ' mta .41 1111 ra i..milli 4:-. . '''' (z., _,, s 4.________ArrTze.-- - E: 1 ,./ own ♦�Q .. , ,i0 I�� ., .. „ el i // IN , I i pil ' ., 4 ..-- 1 iipPi, .,.. .. „ aalllllllrt ... lull - M ar lllil 111111 r A , �Iltttt11111111l N W fi - / Irddr INLSS irir- miumnii. 11;9ILr:,A1 /m Timberlake Community A v .J. ..=-� H .. �.V_: ..7.:..k lop,„-“Ii-g--.4-i:::_-...lif:-;,;!1,,-:-..::::n :: .,.. .1 / 1 WI 1111.,./ *-*•::*7----'.*:, .::-• licsaik . . r4V4W / 417 n! -:' *.-::::::;/: ...g ...--.1, op,.. 4.1.11 it )i•:- te J. re 417 IV / *17.Neigi41111 i ;2 IP . kni II itjt1 ,.„._ -- , 4, 11.., a: i / 7.-- vp.111 EN ...:.___.- .,:_ V*v 111,, 4%* 1 ---- 4'..-7-....1. - ft ' .._-. ,:-!....,F!'.:::: t_ I V, 4. „, oyik IV r....:'*7.::,ti•ET::. z W :1: i 4 ri do,r4r 441 ...J-..,!..?...,: zi.- v igoigt• 44A 4*.y., N. poor 411p ,...---7:--4(.. ;.‘sewSod; 4, 4 411144V!* /.... ..:_.:• -..::::,...it- all t 4# 1t;leg= A,_Alkip P.$‘4tt. At i � 4muggy ♦ � � rims, 0 lib ,* 444w=" *44,,..4; , " -hec,„„/.-, IP al *VI it. &al ./(APYit. vs, ,,,,' 00 • 4, .. ... avi am, .... soft m •N r , z. • • 41•4 Liro Alio * k2V o� i� �: ',� S 4111 i3tI .uIvh•��► EAGATE RD r I •� NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold a public hearing at the Mason County Courthouse Building I, Commission Chambers, 411 North Fifth Street, Shelton,WA 98584 on Tuesday,January 7,2019 at 9:15am. SAID HEARING will be to consider the water franchise applications between Mason County and Emerald Lake Community Club, Inc., Clifton Beach Tracts Co-Op Water Association, Lake Christine Community Club, Kamilche Shores Community Association, Lakeland Village Water Company,Paradise Service Association, PUD#1,Tahuya River Valley Water District and Timberlake Community Club. If special accommodations are needed,please contact the Commissioners' office, (360) 427-9670 (Shelton), (360) 482-5269 (Elma) or (360) 275-4467 (Belfair), Ext. 419 or any questions contact Terry Conley, 360-427-9670,Ext. 450. DATED this day of December 2019. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON Melissa Drewry,Clerk of the Board Cc: Auditor Clerk of the Board Public Works Listed Water Districts Journal-Publ 2t: 12/12/19& 12/19/19(not less than 5 days prior to hearing) Post: 3 public places 15 days before hearing—No later than 12/23/19 (Bill Public Works— 100 W Public Works Drive, Shelton,WA 98584) MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Diane Sheesley, County Engineer, Fred Perryman DEPARTMENT: Public Works EXT: 450 BRIEFING DATE: November 25, 2019 PREVIOUS BRIEFING DATES: (If this is a follow-up briefing, please provide only new information,) ITEM: BRIDGE LIMIT RESOLUTION EXECUTIVE SUMMARY: Annually, the County Engineer reports the current status of all county bridges to the Board of Mason County Commissioners, as a requirement of Washington Administrative Code (WAC) 136-20-060, and recommends the Board update the Resolution on Bridge Limits. Mason County Public Works inspects and inventories 65 roadway bridges within Mason County (64 bridges owned by Mason County and one owned by the City of Shelton). The inspections for this year have completed. It has been determined that bridge 1 needs to be posted with maximum load limits and 2 through 6 as one lane travel bridges. 1. Stretch Island Bridge (Bridge #645000015, on the E Eckert Road) 2. Hliboki Bridge (Bridge #102900035, on the Bulb Farm Road) 3. Gosnell Creek Bridge (Bridge #105100023, on the Bolling Road) 4. Eich Road (1) Bridge (Bridge #110700015, on the Eich Road) 5. Eich Bridge (Bridge #110700026, also on the Eich Road) 6. Carlson Bridge (Bridge #016500405, on Beeville Road) RECOMMENDED OR REQUESTED ACTION: Recommend the Board approve, the Resolution establishing load/lane limits for traffic control on six (6) Mason County bridges. Attachment: Resolution RESOLUTION NO. -19 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,In compliance with the requirements of the Federal Highway Administration's National Bridge Inspection Standards(NBIS)for specialized haul vehicle regulations,updated bridge load ratings have been completed as required;and WHEREAS,load ratings have determined that one(1)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 2020 calendar year,unless the Board shall modify or remove such restrictions based upon the recommendation of the County Engineer. Max No.of Maximum Bride No. Bridge Name Load Limit Lanes Spe ed Limit 645000015 Stretch Island Bridge Tvpe Limit 2 E Eckert Rd SU4 23 Tons SU5 24 Tons SU6 25 Tons SU7 28 Tons 102900035 Hliboki Bridge 1 Bulb Farm Rd. 105100023 Gosnell Creek Bridge 1 Bolling Road 110700015 Eich Road(1)Bridge 1 Eich Road 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 36.75.270. DATED this day of December 2019 BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON KEVIN SHUTTY,Chair ATTEST: SHARON TRASK,Vice Chair MELISSA DREWRY, Clerk of the Board APPROVED AS TO FORM: RANDY NEATHERLIN,Commissioner TIM WHITEHEAD, Ch.Deputy Prosecuting Attorney cc: Public Works Sheriff Prosecutor Publ.:1 Time: 12/12/19(Bill: Mason County Dept.of Public Works) NEWS RELEASE December 3,2019 MASON COUNTY COMMISSIONERS 411 NORTH 5TH STREET SHELTON,WA 98584 (360)427-9670 EXT.747 TO: KMAS, KRXY, SHELTON-MASON COUNTY JOURNAL, THE OLYMPIAN, SHELTON CHAMBER OF COMMERCE,NORTH MASON CHAMBER OF COMMERCE, CITY OF SHELTON, ECONOMIC DEVELOPMENT COUNCIL, THE SUN RE: 2020 Solid Waste Rate Increases Per Mason County Resolution No. 61-13, disposal rates at all Mason County Transfer and Drop Box stations will increase by 2.8%beginning January 1, 2020. As directed by Resolution No. 61-13, fees will be increased each year by the amount of the October to October Consumer Price Index(CPI U) for the Olympia Metropolitan Area. This increase is to cover the annual cost increase experienced by the County to operate and maintain the Shelton, Hoodsport, Union, and Belfair transfer and drop box station locations. BOARD OF MASON COUNTY COMMISSIONERS Kevin Shutty Sharon Trask Randy Neatherlin Chair Vice Chair Commissioner 2020 RATES Based on the CPI adjustment for 2018 to 2019 of 2.8%, the disposal rates for 2020 at the Mason County Solid Waste Transfer Station is as follows: (Refuse Collection Tax is 3.6% of the untaxed rates) 2020 RATE WITHOUT TAXES Solid Waste (Per Ton) $ 102.31 / TON Minimum Fee (340 lbs) $ 16.60 1 Can/Bag (32 Gal) $ 5.54 2 Can/Bag (32 Gal) $ 11.04 3 Can/Bag (32 Gal) $ 12.73 4 Can/Bag (32 Gal) $ 14.35 Tire with Rim $ 5.54 Tire without Rim $ 4.12 Misc large bulky items $ 5.54 Appliance w/Refrigerant $ 11.04 Auto Battery $ 2.14 Recyclable Scrap Metal $ 61.95 / TON Separated, clean yard $ 74.17 / TON Trimmings Construction Debris $ 102.31 / TON 55 Gal Drum (s) $ 102.31 TON Cubic Yard Waste $17.69 J:\1.Weekly Briefing-Commission Mtg Material\November 25th\Briefmg 11.25.19\News Release - Solid Waste Rates 2020\Shelton Solid Waste 2020 Rates.Docx NEWS RELEASE December 3, 2019 MASON COUNTY COMMISSIONERS 411 NORTH 5TH STREET SHELTON,WA 98584 (360)427-9670 EXT. 747 TO: KMAS, KRXY, SHELTON-MASON COUNTY JOURNAL,THE OLYMPIAN, SHELTON CHAMBER OF COMMERCE,NORTH MASON CHAMBER OF COMMERCE, CITY OF SHELTON, ECONOMIC DEVELOPMENT COUNCIL, THE SUN RE: 2020 Water and Sewer System Rate Increases for North Bay, Rustlewood and Beards Cove Per Mason County resolutions#146-08, #05-09, and#06-09, all water and sewer rates and fees at the Mason County owned and operated Rustlewood, Beards Cove and North Bay Case Inlet water and sewer systems will increase by 2.4% for the 2020 calendar year. The increase corresponds to the April 2019 consumer price index(CPI-U) for the Bremerton Area for the one year period ending April 2019. This increase applies to all charges associated with the referenced water and sewer utility systems, including monthly service rates, connection and permit fees and other related charges; as well as covering the annual cost increase experienced by the County for the operation and maintenance of the above referenced water and sewer utility systems. Notices will be mailed out to all Beards Cove,North Bay Case Inlet and Rustlewood utility users because of these rate changes. BOARD OF MASON COUNTY COMMISSIONERS Kevin Shutty Sharon Trask Randy Neatherlin Chair Vice Chair Commissioner 2020 RATES Based on the CPI adjustment for 2018 to 2019 of 2.8%, the disposal rates for 2020 at the Mason County Solid Waste Facilities in Belfair, Hoodsport, and Union are as follows: (Refuse Collection Tax is 3.6% of the untaxed rates) 2020 RATE WITHOUT TAXES Solid Waste (Per Cubic Yard) $ 20.98/ CY Minimum Fee (more than six 32ga1 bags less than 1 cy) $ 20.98 1 Can/Bag (32 Gal) $ 5.54 2 Cans /Bags (32 Gal) $ 11.04 3 Cans /Bags (32 Gal) $ 12.73 4 Cans/Bags (32 Gal) $ 14.35 5 Cans Bags (32 Gal) $ 16.60 6 Cans /Bags (32 Gal) $ 18.26 1 55-gal drum $ 11.06 2 55-gal drums $ 14.95 3 55-gal drums $ 18.26 Misc. large bulky items $ 20.98 Appliance w/Refrigerant $ 27.68 Tire with Rim (1 only) $ 19.25 Each additional Tire with Rim $ 5.54 Tire without Rim (1 only) $ 5.54 Each additional Tire without Rim $ 3.32 Auto Battery $ 2.14 Recyclable Scrap Metal $ 5.54 / per 32 gal NEWS RELEASE December 3, 2019 MASON COUNTY COMMISSIONERS 411 NORTH 5th ST SHELTON, WA. 98584 (360) 427-9670 EXT. 419 TO: KMAS, KRXY, SHELTON-MASON COUNTY JOURNAL, MASONWEB-TV, THE OLYMPIAN, SHELTON CHAMBER OF COMMERCE, NORTH MASON CHAMBER OF COMMERCE, CITY OF SHELTON, ECONOMIC DEVELOPMENT COUNCIL, THE SUN RE: 2020 United Ways Day of Caring — Free Dump Day In partnership with Mason County Public Works and Republic Services, United Way of Mason County will be handing out vouchers for the first Mason County free dump day of 2020. Vouchers will be handed out to 300 Mason County residents, on a first-come first-serve basis to be redeemable on May 22, 2020 at the Mason County Landfill at 501 E Eells Hill Road, Shelton, WA. Starting February 3, 2020 vouchers will be available Monday-Friday 10am-2pm at the United Way of Mason County's office located at 536 W Railroad Ave, Shelton WA. To receive a voucher you must fill out the required paper work, have a valid ID and proof of Mason County address. Vouchers will only cover 1,0001bs of household garbage. For any questions, please contact United Way of Mason County at (360) 426-4999 and for rules and restrictions for household garbage (360) 427-5271. More information regarding the voucher process and items covered and not covered by the voucher is available on the Mason County Utilities and Waste Management/Solid Waste webpage. BOARD OF MASON COUNTY COMMISSIONERS Kevin Shutty Sharon Trask Randy Neatherlin Chair Vice Chair Commissioner MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Sheryl Hilt, Finance Manager DEPARTMENT: Sheriff's Office EXT: 636 BRIEFING DATE: 11/25/2019 PREVIOUS BRIEFING DATES: None (If this is a follow-up briefing, please provide only new information) ITEM: Request to transfer an amount from Sheriff's Office Wages and Benefits to Operations. EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): Due to the lack of qualified candidates to fill open positions for most of the year, the Sheriff's Office is projecting a surplus in Wages and Benefits. The amount of this surplus is currently projected at $346,000 but that's only a projection based on the last ten month's expenses. There are additional expenditures waiting for process so that number will be smaller than projected but the amount is in question. The Sheriff's Office has, like many offices in the county, experienced funding cutbacks resulting in technical deficits. These deficits can be made up, in part, with current funding. Additionally, the open positions have affected spending the required amount of Traffic Diversion funds. The current projected underspend in Traffic is $110,000 but this is a projection based on the last ten month's expenses. BUDGET IMPACTS: None. These would be transfers within the Sheriff's Office currently allocated budget authority. RECOMMENDED OR REQUESTED ACTION: Allow a transfer of$200,000 from Wages and Benefits to operations in order to purchase a laser scanner for traffic accidents, radar trailers, computers, and other incidental one-time purchases. ATTACHMENTS: None Briefing Summary 11/20/2019 November 2019 Computer List System Make Model Approx IS date NOTES OFFICE 365 Ops WDSENTINEL WD DX4000 12/31/2012 Win Storage server 2008 SYSOPSI ThinkCentre M83 2/6/2014 Win 7 SYSADMIN OptiPlex 9020 10/9/2015 Win 7 Admin Sheriff Dell E6520 8/10/2012 Win 7 LT1 Dell Optiplex 9020 7/27/2015 Win 10 X MCSMOB05 Latitude E6530 8/28/2014 _ Win 7 DetectSgt Lenovo R9004HZZ 2/12/2014 Win 7 RECORDS6 Dell 9020 6/1/2019 Win 10 X MCSOCONFS ThinkCentre M83 2/6/2014 Win 7 Finance ACCOUNTI Optiplex 5040 11/23/2015 Win 10 X ACCOUNT2 Optiplex 7010 9/9/2015 Win 7 ACCOUNT3 HP EliteDesk 800 12/23/2013 Win 7 Office OFFICE4 ThinkCentre M83 2/6/2014 _ Win 7 RECORDSI ThinkCentre M83 2/6/2014 Win 7 X OFFICEI ThinkCentre M83 2/6/2014 Win 7 OFFICE5 ThinkCentre M83 2/6/2014 Win 7 EVIDENCEI ThinkCentre M83 2/6/2014 Win 7 EVIDENCES ThinkCentre M83 2/6/2014 Win 7 COLDCASE ThinkCentre M83 2/6/2014 Win 7 X Records CIVILSI ThinkCentre M83 2/6/2014 Win 7 RECORDS5 Optiplex 7060 2/28/2019 Win 10 x RECORDS4 Optiplex 7060 2/28/2019 _ Win 10 x DETECTIVES Detect3 OptiPlex 9020 7/23/2017 Win 10 X Detect7 T540P 1/29/2014 Win 7 Detect1 OptiPlex 9020 2/25/2019 Win 10 X Detect2 OptiPlex 360 1/7/2010 Win 7 Detect5 Optiplex9020 11/12/2013 Win 7 X Patrol - PATCPLS1 Compaq Elite 8300 SFF 12/19/2013 Win 7 PATROLSI Compaq Elite 8300SFF 2/11/2014 Win 7 PATROLS2 ThinkCentre M83 2/6/2014 Win 7 PATROLS3 Compaq Elite 8300SFF 2/11/2014 Win 7 PATROLS4 Compaq Elite 8300SFF 2/11/2014 Win 7 MCSMOB42 Latitude E6430 5/1/2013 Win 7 MCSMOB21 Latitude E5450 10/2/2015 Win 7 MCSMOBI2 Latitude E5470 7/13/2016 Win 7 MCSMOB06 Latitude E5470 12/31/2016 Win 7 MCSMOB44 Latitude E6520 3/26/2012 _ Win 7 MCSMOB22 Latitude E6510 11/26/2010 Win 7 MCSMOBI6 Latitude 7490 5/20/2019 Win 10 X 1 of 3 J:\Finance Office\2020 Budget\Working Documents\Computer list 365.xlsx November 2019 Computer List System Make Model _ Approx IS date NOTES OFFICE 365 MCSMOB09 Latitude E5450 I1/26/2015 Win 7 MCSMOB26 Latitude E5450 10/2/2015 Win 7 MCSMOB41 Latitude E5470 10/27/2016 Win 7 MCSMOB01 Latitude E5470 10/27/2016 Win 7 MCSMOBI4 Latitude E6440 3/27/2015 Win 7 MCSMOBI7 Latitude E6510 11/26/2010 Win 7 MCSMOB48 Latitude E5470 7/13/2016 Win 7 MCSMOB23 Latitude E6510 _ Win 7 MCSMOBI9 Latitude E5470 12/31/2016 Win 7 MCSMOB20 Latitude E6510 11/26/2010 Win 7 MCSMOB28 Latitude E6440 3/26/2014 Win 7 MCSMOB24 Latitude E5470 12/31/2016 Win 7 MCSMOB27 Latitude E6520 10/30/2012 Win 7 TRAFFIC? Latitude E5470 12/31/2016 Win 7 MCSMOB34 Latitude 7490 8/20/2018 Win 10 X MCSMOB45 Latitude E6520 8/10/2012 Win 7 MCSMOBI5 Latitude E5470 7/13/2016 _ Win 7 MCSMOB32 Latitude E5470 8/10/2012 Win 7 TRAFFIC5 Latitude E6510 11/24/2010 Win 7 MCSMOBI8 Latitude E6430 5/1/2013 Win 7 MCSMOB46 Latitude E5450 11/26/2015 Win 7 MCSMOB03 Latitude 7490 8/20/2018 Win 10 X TRAFFIC2 Latitude E6510 11/24/2010 Win 7 MCSMOB07 Latitude E5450 11/26/2015 Win 7 MCSMOBI 3 Latitude E6510 11/24/2010 Win 7 MCSMOB31 Latitude E5470 12/31/2016 Win 7 MCSMOBI I Latitude E7490 8/20/2018 Win 10 MCSMOB29 Latitude 7490 8/20/2018 Win 10 X MCSMOB04 Latitude 7490 8/20/2018 _ Win 10 X PATROLNI Optiplex 7010 12/27/2012 Win 7 PATROLN2 NEW? Win 10 X BELFAIRVOL Compaq Elite 8300 SFF 12/18/2013 Win 7 NPVOL2 ThinkCentre M83 12/24/2013 Win 7 PATSGTNI OptiPlex 9020 3/11/2014 Win 7 BOATINGI CF19 ?? BOATING2 CF-_19 _ ?? BOATING3 Safeboat ??' Win 10 Jail JailDSU2 OptiPlex 790 12/27/2011 Win 7 DUI_Task2 Lenovo R9004HYY 4/30/2014 Win 7 JailRecl ThinkCentre M83 2/6/2014 Win 7 CAPTURE ThinkCentre M83 2/6/2014 cit replace? JAILCONT OptiPlex 9020 7/31/2014 Win 7 X JAILCONT2 OptiPlex 780 6/25/2012 Win 7 BOOKINGI OptiPlex 790 12/27/2011 cit replace? BOOKING2 OptiPlex 790 12/28/2012 cit replace? BOOKING3 ThinkCentre M83 9/9/2015 cit replace? JAILSGTI OptiPlex 790 8/9/2012 cit replace? JAILSGT2 OptiPlex 790 8/10/2013 cit replace? OFFICE3 ThinkCentre M83 9/9/2015 Win 7 JAILALT OptiPlex 9020 11/27/2014 Win 7 X JAILALT1 Latitude 7490 8/17/2018 Win 10 X 2 of 3 J:\Finance Office\2020 Budget\Working Documents\Computer list 365.xlsx F November 2019 Computer List System Make Model Approx IS date NOTES OFFICE 365 JAILALT2 Latitude 7490 8/17/2018 Win 10 X JAILSCRN T540p 1/29/2014 Win 7 FBQV262 Latitude E5450 2/22/2019 Win 10 #of computers over 6 years in 2020 52 $ 104,000 #of computers over 4 years in 2020 21 $ 42,000 Total # of computers need to be replaced in 2020 73 $ 146,000 3 of 3 J:\Finance Office\2020 Budget\Working Documents\Computer list 365.xlsx Mason Co SO 23 units 11-17-19.xls //DPTEL C 0 R P 0 R A TED I note Pre I ared Fa Mason County Sheriff Contact: Bob Stein Erik Heilman 364 Upland Drive,Seattle,WA 98188 206/909-5272 cell: 206/575-1470 Office Fed TAX ID 91-0930538 Email Po To: bstein(adatecinc.net Fax PO To: Email Only Please Quote# 19K17901 Date: 11/17/19 Terms: Net 30 Days r idit►': 30 Days Part Number Description Qty Unit Price Ext.Price CF-54J2-06VM Public Sector Specific-Elite RFID,Win10 Pro,Intel Core i5-7300U 2.60GHz, 23 $2,595.00 $ 59,685.00 vPro,14.0"FHD,Gloved Multi Touch,256GB SSD,8GB,Intel WiFi a/b/g/n/ac,TPM 2.0,Bluetooth,4G LTE-Advanced Multi Carrier(EM7455), Dual Pass(Ch1:dGPS/Ch2:WWAN),dGPS,Contactless Smartcard,Emissive Backlit Keyboard,No DVD Drive,Webcam,Flat,No Energy Star/EPEAT, Toughbook Preferred,CF-SVCPDEP3Y-Toughbook&Toughpad Premier Deployment-Includes Imaging,Customer Portal Access,Multilocation Shipping and Disk Image Management at the Panasonic National Service Center(Years 1,2,3),CF-SVCLTNF3YR-Protection Plus Warranty-Laptop (Years 1,2&3),CF-SVC256SSD3Y-256GB SSD-Toughbook No return of defective drive(Years 1,2&3) CF-LNDDC120 Lind Electronics Industrial Vehicle Power Inverter 23 $129.00 $ 2,967.00 UT-2011 Universal Mount(Havis)for Dell 7490 model 0 $189.00 $ - UT-1001 Universal Mount for CF54/55 model Toughbook 23 $199.00 $ 4,577.00 79P-05745 OFFICE PRO PLUS 2019 ENG OLP NLVLIC GOVT 23 $439.00 $ 10,097.00 Sub Total $ 77,326.00 8.5%Sales Tax $ 6,572.71 Total $83,898.71 Page 1 of 1 1111 A' LEMC A quote for your consideration. Based on your business needs, we put the following quote together to help with your purchase decision. Below is a detailed summary of the quote we've created to help you with your purchase decision. To proceed with this quote, you may respond to this email, order online through your Premier page, or, if you do not have Premier, use this Quote to Order. Quote No. 3000050459540.1 Sales Rep Halley Rust Total $48,937.79 Phone (800)456-3355, 5130951 Customer# 19625657 Email Hailey_Rust@Dell.com Quoted On Nov. 18, 2019 Billing To MICHELLE GOLDSBY Expires by Dec. 18, 2019 MASON COUNTY SHERIFF Deal ID 19055869 PO BOX 1037 322 N 3RD ST SHELTON, WA 98584-3414 Message from your Sales Rep Please contact your Dell sales representative if you have any questions or when you're ready to place an order. Thank you for shopping with Dell! Regards, Halley Rust Shipping Group Shipping To Shipping Method CYNTHIA MILLER Standard Delivery MASON COUNTY SHERIFF PO BOX 1037 419 NORTH 4TH ST SHELTON,WA 98584 (360)427-9670 Product Unit Price Qty Subtotal OptiPlex 5070 MT MLK $1,242.54 29 $36,033.66 Dell 24 Monitor-P2419H $154.24 58 $8,945.92 Page 1 Dell Marketing LP. U.S.only. Dell Marketing LP. is located at One Dell Way, Mail Stop 8129, Round Rock,TX 78682 Subtotal: $44,979.58 Shipping: $0.00 Estimated Tax: $3,958.21 Total: $48,937.79 Special lease pricing may be available for qualified customers and offers. Please contact your DFS Sales Representative for details. Page 2 Dell Marketing LP. U.S.only. Dell Marketing LP. is located at One Dell Way, Mail Stop 8129, Round Rock,TX 78682 Shipping Group Details Shipping To Shipping Method CYNTHIA MILLER Standard Delivery MASON COUNTY SHERIFF PO BOX 1037 419 NORTH 4TH ST SHELTON,WA 98584 (360)427-9670 Qty Subtotal OptiPlex 5070 MT MLK $1,242.54 29 $36,033.66 Estimated delivery if purchased today: Dec. 11,2019 Contract#WN34AGW Customer Agreement#05815-003 Description SKU Unit Price Qty Subtotal OptiPlex 5070 MT XCTO 210-ASDO - 29 - Intel®Core TM i5-9500(6 Cores/9MB/6T/3.0GHz to 338-BRSY 29 - 4.4GHz/65W);supports Windows 10/Linux Win 10 Pro 64 English,French,Spanish 619-AHKN - 29 - No AutoPilot 340-CKSZ - 29 - Microsoft Office Professional 2019 630-ABGO - 29 - 32GB 4X8GB DDR4 2666MHz UDIM Non-ECC 370-AEBT - 29 - 2.5"500GB 7200rpm SATA Hard Disk Drive 400-AEFT - 29 - Bracket for 2.5 inch Hard Drive Disk,Mini Tower,OptiPlex 575-BBGL - 29 - No Additional Hard Drive 401-AANH - 29 - Intel Integrated Graphics,Dell OptiPlex 490-BBFG - 29 - DVD+/-RW Bezel 325-BCXM - 29 - 8x DVD+/-RW 9.5mm Optical Disk Drive 429-ABFH - 29 - Intel Standard Manageability 631-ACDE - 29 - Media Card Reader 385-BBOE - 29 - No Wireless Driver 340-AFMQ - 29 - No PCIe add-in card 492-BBFF - 29 - Black Dell KB216 Wired Multi-Media Keyboard English 580-ADJC - 29 - Black Dell MS116 Wired Mouse 275-BBBW - 29 - No Cable Cover 325-BCZQ - 29 - No Additional Cable Requested 379-BBCY - 29 - Not selected in this configuration 817-BBBC - 29 - No Integrated Stand option 575-BBBI - 29 - SupportAssist 525-BBCL - 29 - Dell(TM)Digital Delivery Cirrus Client 640-BBLW - 29 - Dell Client System Update(Updates latest Dell Recommended 658-BBMR - 29 - BIOS,Drivers,Firmware and Apps) Waves Maxx Audio 658-BBRB - 29 - Page 3 Dell Marketing LP. U.S.only. Dell Marketing LP. is located at One Dell Way, Mail Stop 8129, Round Rock,TX 78682 Dell Developed Recovery Environment 658-BCUV - 29 - Software for OptiPlex Systems 658-BEGP - 29 - No Media 620-AAOH - 29 - ENERGY STAR Qualified 387-BBLW - 29 - No External ODD 429-ABGY - 29 - Dell Developed Recovery Environment 658-BCUV - 29 - No Wireless LAN Card 555-BBFO - 29 - OptiPlex 5070 Tower(Bronze) 329-BEIN - 29 - Chassis Intrusion Switch Tower 461-AAEF - 29 - TPM Enabled 329-BBJL - 29 - No Additional Video Ports 492-BCKH - 29 - Dell Watchdog Timer 379-BDLB - 29 - Quick Setup Guide 5070 Tower 340-CMEZ - 29 - Intel(R)Core(TM)i5 Processor Label 340-CKVN - 29 - System Power Cord(Philipine/TH/US) 450-AAOJ - 29 - Safety/Environment and Regulatory Guide(English/French 340-AGIK - 29 - Multi-language) No UPC Label 389-BCGW - 29 - US Order 332-1286 - 29 - Desktop BTO Standard shipment 800-BBIO - 29 - CMS Essentials DVD no Media 658-BBTV - 29 - MT:EPA Regulatory LBL for Mexico 389-DQJO - 29 - No Intel Responsive 551-BBBJ - 29 - No FGA 817-BBBB - 29 - No Optane 400-BFPO - 29 - No Anti-Virus Software 650-AAAM - 29 - Ship Material for OptiPlex Tower 340-CDWT - 29 - Shipping Label for DAO 389-BBUU - 29 - No Additional Add In Cards 382-BBHX - 29 - No CompuTrace 461-AABF - 29 - Dell Limited Hardware Warranty Plus Service 804-9043 - 29 - Onsite/In-Home Service After Remote Diagnosis 3 Years 804-9044 - 29 - Qty Subtotal Deli 24 Monitor-P2419H $154.24 58 $8,945.92 Estimated delivery if purchased today: Dec. 12,2019 Contract#WN34AGW Customer Agreement#05815-003 Description SKU Unit Price Qty Subtotal Dell 24 Monitor-P2419H 210-AQDX - 58 - Dell Limited Hardware Warranty 814-5380 - 58 - Advanced Exchange Service,3 Years 814-5381 - 58 - Subtotal: $44,979.58 Shipping: $0.00 Page 4 Dell Marketing LP. U.S.only. Dell Marketing LP. is located at One Dell Way, Mail Stop 8129, Round Rock,TX 78682 Important Notes Terms of Sale This Quote will,if Customer issues a purchase order for the quoted items that is accepted by Supplier,constitute a contract between the entity issuing this Quote("Supplier")and the entity to whom this Quote was issued("Customer").Unless otherwise stated herein,pricing is valid for thirty days from the date of this Quote.All product,pricing and other information is based on the latest information available and is subject to change.Supplier reserves the right to cancel this Quote and Customer purchase orders arising from pricing errors.Taxes and/or freight charges listed on this Quote are only estimates.The final amounts shall be stated on the relevant invoice.Additional freight charges will be applied if Customer requests expedited shipping.Please indicate any tax exemption status on your purchase order and send your tax exemption certificate to Tax_Department@dell.com or ARSalesTax@emc.com,as applicable. Governing Terms:This Quote is subject to:(a)a separate written agreement between Customer or Customer's affiliate and Supplier or a Suppliers affiliate to the extent that it expressly applies to the products and/or services in this Quote or,to the extent there is no such agreement,to the applicable set of Dell's Terms of Sale(available at http://www.dell.com/terms or www.dell.com/oemterms);and(b)the terms referenced herein(collectively,the"Goveming Terms").Different Governing Terms may apply to different products and services on this Quote. The Governing Terms apply to the exclusion of all terms and conditions incorporated in or referred to in any documentation submitted by Customer to Supplier. Supplier Software Licenses and Services Descriptions:Customer's use of any Supplier software is subject to the license terms accompanying the software,or in the absence of accompanying terms,the applicable terms posted on www.Dell.com/eula.Descriptions and terms for Supplier-branded standard services are stated at www.dell.comiservicecontracts/global or for certain infrastructure products at www.Belle mc.com/en-us/cu stomer-services/prod uct-wa rranty-and-service-d escri ptions.htm Offer-Specific,Third Party and Program Specific Terms:Customer's use of third-party software is subject to the license terms that accompany the software.Certain Supplier-branded and third-party products and services listed on this Quote are subject to additional,specific terms stated on www.dell.com/offeringspecificterms. In case of Resale only:Should Customer procure any products or services for resale,whether on standalone basis or as part of a solution, Customer shall include the applicable software license terms,services terms,and/or offer-specific terms in a written agreement with the end- user and provide written evidence of doing so upon receipt of request from Supplier. In case of Financing only:If Customer intends to enter into a financing arrangement("Financing Agreement")for the products and/or services on this Quote with Dell Financial Services LLC or other funding source pre-approved by Supplier("FS"),Customer may issue its purchase order to Supplier or to FS.If issued to FS,Supplier will fulfill and invoice FS upon confirmation that:(a)FS intends to enter into a Financing Agreement with Customer for this order;and(b)FS agrees to procure these items from Supplier.Notwithstanding the Financing Agreement, Customer's use(and Customer's resale of and the end-user's use)of these items in the order is subject to the applicable governing agreement between Customer and Supplier,except that title shall transfer from Supplier to FS instead of to Customer.If FS notifies Supplier after shipment that Customer is no longer pursuing a Financing Agreement for these items,or if Customer fails to enter into such Financing Agreement within 120 days after shipment by Supplier,Customer shall promptly pay the Supplier invoice amounts directly to Supplier. Customer represents that this transaction does not involve:(a)use of U.S.Government funds;(b)use by or resale to the U.S.Government;or (c)maintenance and support of the product(s)listed in this document within classified spaces.Customer further represents that this transaction does not require Supplier's compliance with any statute,regulation or information technology standard applicable to a U.S.Government procurement. For certain products shipped to end users in California,a State Environmental Fee will be applied to Customer's invoice.Supplier encourages customers to dispose of electronic equipment properly. Electronically linked terms and descriptions are available in hard copy upon request. "Dell Business Credit(DBC): OFFER VARIES BY CREDITWORTHINESS AS DETERMINED BY LENDER.Offered by WebBank to Small and Medium Business customers with approved credit.Taxes,shipping and other charges are extra and vary.Minimum monthly payments are the greater of$15 or 3%of account balance.Dell Business Credit is not offered to government or public entities,or business entities located and organized outside of the United States. Page 6 Dell Marketing LP. U.S.only. Dell Marketing LP. is located at One Dell Way, Mail Stop 8129, Round Rock,TX 78682 Estimated Tax: $3,958.21 Total: $48,937.79 Paae 5 Dell Marketing LP. U.S.only. Dell Marketina LP. is located at One Dell Way. Mail Stoo 8129. Round Rock.TX 78682 • Lzfayette Instrument. P.O.Box 5729 I Lafayette,IN 47903 USA FeI:(765)423-1505 II Fax:(765)423-4111, info@lafayetteinstrument.corn www.lafayyetteinstrument.com Quoted by: Erik J. Abel, Lafayette Polygraph Representative—Northeast Area polyxamner@comcast.net cell: 717-201-0878 DATE OF QUOTE: 10-22-2019 QUOTE EXPIRES: 90 DAYS AGENCY: Mason County Sheriff(WA) CONTACT: Sgt.Jeff Rhoades ADDRESS: 322 N. 3rd St. PO Box 1037 Shelton, WA 91584 EMAIL: jrhoades@co.mason.wa.us PHONE: 360-427-9670 X 627 QUANTITY ITEM NUMBER ITEM DESCRIPTION PRICE QUOTE PRICE LX6 10 channel computerized USB 1 LXUPGRD6 polygraph with standard attachments, $4,245.00 $4,245.00 software and tech support 1 76870VASF-6 Stationary Chair with sensors for LX6 $2,195.00 $2,195.00 1 76604-6 PLE FOR LX6 $420.00 $420.00 1 76879S-6 SEAT SENSOR FOR LX6 $500.00 $500.00 SHIPPING: $ 210.00 QUOTE TOTAL: $ 7,570.00 NOTES: Pricing dependant on the trade in of an LX4000 DAS unit within 30 receipt of new equipment. Customer needs updated seat sensor and separate seat sensor for portable use. NCTC customer. ORDERING: Kari Bumbleburg,Tracey Stewart or Dawn Spitznagle poly@lafayetteinstrument.com (800)-428-7545 Mid-Atlantic Truth Consultants LLC Polygraph Examiners 19266 Coastal Highway 4-1,Rehoboth,Delaware Office:302-727-0892 I Fax:302-727-0891 Email:polyxamnerCcomcast.net www.midatlantictruth.com • Lafayette Instrument. P.O.Box 5729,Lafayette,IN 47903 USA Tel:(765)423-1505 I Fax:(765)423-4111 info@lafayetteinstrument.com I www.lafayetteinstrument.com October 22,2019 Mason County(WA) Sheriff's Office Attn: Sgt.Jeffrey Rhoades This letter is to confirm that the Lafayette LX6 Computerized Polygraph and accessories are sole source products,manufactured, sold and distributed exclusively by Lafayette Instrument Company, Inc.These products must be purchased directly from Lafayette Instrument Company, Inc. The LX6 is a USB Windows 10-Channel computerized polygraph instrument,the kit includes the following items: Seat sensor,76879S-6;Titanium Pneumatic Chest Assembly with vent model,76513- 6T;Blue Pneumatic Chest Assembly model,76513-6A; 7ft Electrode Assembly model, 76640-6; Computer Pump Bulb with Gauge model, 76506-6;Kovacic Standard Arm Cuff 25-35cm model, 76530- 6;Backpack,LX-1050BP;USB Cable,and Current version of LXSoftware with OSS3 &PolyScore. The LX6 is a 10-Channel polygraph instrument that offers a data transfer rate of up to 360 samples per second across all channels,a 32-bit analog to digital conversion. Lafayette Instrument Company, Inc. offers a 5-year warranty on the LX6 Data Acquisition System, a 1- year warranty on all accessories, along with technical support and software updates at no charge. If you require additional information,please contact us at 1-800-428-7545 or visit our website at www.lafayettepolygraph.com.Thank you for your interest in our products. Respectfully, Tracey Stewart Polygraph Sales and Support tracey@a,lafayetteinstrument.com 765-423-1505 \(fv4 wFARO Technologies „... ® 250 Technology Park, Lake Mary, FL 32746 Tel: +1.407.333.9911 I Toll Free: 800.736.0234 Nasdaq: FARO 3D VISIONARY Fax: +1.407.333.4181 www.FARO.com To Whom It May Concern: This letter identifies FARO Technologies, Inc.,a Florida corporation("FARO Technologies"or"FARO"), as the sole developer and manufacturer of the FARO Focus Laser Scanners,including the Focus3D, FocusS and FocusM Laser Scanners, FARO ScanPlan TM SCENETM software, FARO ZoneTM 3D and FARO ZoneTM 2D software. FARO is also the sole provider of hardware and software service, warranty,maintenance,annual calibration,and training programs associated with FARO Focus Laser Scanners,ScanPlan, Scene Software and FARO Zone software. FARO is also the sole source for its GSAproduct pricing for the above products and services. FARO Technologies was founded in 1981 and is a global leader of 3D measurement technology. FARO Technologies is headquartered in Lake Mary, Florida with European regional headquarters in Stuttgart, Germany and Asia/Pacific regional headquarters in Singapore. FARO has branches in Brazil,Mexico, Germany, United Kingdom,France, Spain, Italy, Poland, Netherlands, India, China,Singapore, Malaysia,Vietnam,Thailand and Japan. As the world's most trusted source for 3D measurement,imaging and realization technology, FARO Technologies develops and markets computer-aided measurement and imaging devices and software.Technology from FARO permits high-precision 3D data capture, measurement,imaging and comparison.The devices are used for inspecting,planning and documenting spaces or structures in 3D including law enforcement,forensics,accident reconstruction,crime scene investigation, arson Investigation, post blast investigation,fire and security pre-plans, bullet trajectory,and bloodstain pattern analysis, and virtual reality. With a wide variety of features,including range, image quality,and capture speed,the Focus Laser Scanners considerably reduce the time and increase the effectiveness of documenting,measuring,and analyzing forensic scenes. FARO Focus Laser Scanners deliver a unique combination of advantages including lightweight,affordability,and precision. FARO is also the sole manufacturer of the FARO ScanPlan TM a lightweight handheld mapper enabling Public Safety and Security professionals to quickly capture and visualize 2D floor plans. Further, FARO is the only developer and supplier FARO ZoneTM 3D and 2D software which leverages technology from its acquisitions of FARO CAD ZoneTM and FARO RealityTM(ARAS360)Software companies. Known for our commitment to service, FARO prides itself with having service and support personnel around the world with law enforcement expertise. FARO's 3D Forensic Laser Scanning Solution is a fully integrated system designed specifically for Public Safety and Forensic applications. The solution integrates FARO's Focus Laser Scanner, certified Advanced Forensic Training program for crash, crime, fire, and security professionals, maintenance, warranty, Scene point cloud optimization suite, and exclusive FAROZone 3D software package with advanced forensic tools including Blood Stain Analysis, Bullet Trajectory, Fire, Explosion, and extensive Crash analysis tools such as Crush, Linear Momentum Analysis, Skid Analysis, Critical Speed Yaw, and Slope Calculator. With hundreds of thousands of units sold and customers around the globe,our products have been reliably measuring success throughout the world. Our forensic customers include the Department of Defense,federal governments,various intelligence organizations,the US military,and many state and municipal law enforcement agencies. Kind Regards, Jeff Ruiz I Vice President I Public Safety Forensics Nasdaq: FARO I jeff.ruiz@faro.com I www.faro.com Tax ID:59-3157093• DUNS:61-730-8929•CAGE:OVGY2•ISO Certified•GSA Schedule 84 Contract GS-07F-197GA MA-RF-150 REV 09/18 FARO SOLUTIONS CAUSATION FOR SOLE SOURCE SELECTION CONSIDERATIONS FARO TECHNOLOGIES Public Safety Vertical is comprised of many former Law Enforcement personnel that bring their field experience to the fore in assisting our customers such as in the Walmart Mass Shooting in El Paso, TX. FARO forensics' engineer assigned to the task spent 20 hours a day for 6 days assisting the El Paso CSI and FBI ballistics team to ensure that all data was captured in the best possible way and that all data was correctly handled for court purposes. FARO TECHNOLOGIES Focus S series scanners all include digital hashing (encryption proof) of authenticity in the scanner. FARO is the only company currently doing this in compliance with Rule 702 FRE (Federal Rules of Evidence) that went into effect in Jan 2018. Other companies recommend using a third- party software or their data is encrypted after removal of the data from the device. This opportunity for tampering will allow challenges under rule 702 as there is no way to prove other technologies data hasn't been tampered prior to being hashed/encrypted in a separate external step. FARO TECHNOLOGIES Focus Series of scanners is IP (protection rated) 5 4 which means it is waterproof to a non-forceful level and dust proof as well. This allows FARO to work in inclement weather conditions that may be detrimental to other technology scanners. FARO TECHNOLOGIES is a light weight (less than 15-pound total operational weight with tripod attached) that has a dual axis compensator. While other scanners that mimic the appearance of FARO Scanners, they do not use this level of accuracy that allows for automatic leveling of the scan data. FARO TECHNOLOGIES uses "On Site Registration" which differs from our competitors in that our data can be downloaded and processed in the laptop while the scans are still taking place. This allows for a very quick opportunity to verify that all scan data and views have been captured prior to releasing the scene from a warrant or opening a roadway from a fatality. FARO TECHNOLOGIES uses a standard SD card to store the data where our competitors use either proprietary memory sticks (almost $900 per piece). This allows for a very quick fix to a problem if the memory was left behind or broken on the scene. It also eliminates the problem of original data (evidence) being left on the machine and not as taggable evidence. FARO TECHNOLOGIES is a turnkey solution. We create the FOCUS Scanners, the Scene (registration / stitching software) and FAROZone Software which is a CAD and analysis software that allows for a wide variety of specialties from very detailed crash reconstruction specialties to blood spatter analysis and trajectory analysis to name a few. Being a turnkey solution means that your agency will not have to piece meal different products together to get a solution you have to hope will continue to work together over the course of your investment. FARO stands behind its customers and is the 3D visionary company of the future keeping publics safety's evolving needs in the forefront all the time. FARO TECHNOLOGIES FOCUS Scanners are utilized by many law enforcement agencies. This is very useful when outlying agencies use the same technology and there are major crimes scenes that need multi-agency support. The data integration between other agencies that use the FARO FOCUS Scanners is seamless and needs no special integration tools or requirements. AFARO Technologies ni‘ 250 Technology Park,Lake Mary,FL 32746 ® Tel:+1.407.333.9911 I Toll Free:800.736.0234 Nasdaq:FARO 3D VISIONARY Fax:+1.407.333.4181 www.FARO.com Dear Customer, We understand you are creating a Purchase Order for FARO Technologies, Inc. To facilitate your efforts, please see the list of items below required by FARO to process your order and ship it as quickly as possible. If there are any documents or other information you require from FARO, please email your FARO Representative a request at your earliest convenience. We are happy to promptly provide you with the necessary information to assist with your internal process. Government Agencies when Issuing a Purchase Order please ensure your PO/order contains the following: Legible Purchase Order Number on the PO document Provide Bill and Ship to address on the Purchase Order or in an email Acknowledge Payment Terms - Net 30 by stating so in an email or the Purchase Order Include Date on PO Provide statement confirming that Items and pricing listed on PO are same as the Quote provided Provide statement acknowledging cost of shipping per the Quote provided Destination shipping Origin shipping Tax: Please note if the order is taxable If not Taxable, please email a copy of your Tax Exemption Certificate Sign and Date the Quote provided State whether you are willing to accept Partial Shipment (this expedites delivery of items in inventory) GSA Orders: Your PO must reference the GSA schedule (84) and FARO GSA contract Number GS-07F-197GA Confirmation whether it is a Bid/Tender/Contract number Reference the agreed upon FARO Quote number on the Purchase Order ,a' :,' `'o Supply Requisition MASONN COUNTY ;:, . _ ;;.,, Purchase Order SHER I FF - Po Box 1037 Date: Wednesday,November 06,2019 Shelton, WA 98584-1304 P.O. #: 360-427-9670 x241, x378 Ship to: Cpl.M.Sargent Vendor: Faro Technologies Mason County Sheriffs Office P.O.Box 116908 322 N 3rd St. Atlanta GA 30368-6908 Shelton,WA 98584 833-442-7833 Division Account Description Account Code Traffic V SMALL TOOLS&MINOR EQUIP/BLDGS V'1 001-205-267 521.22.535010 Shipping Method Terms Delivery Date Ground ❑ Credit Card-WalMart 0 On Account ❑ Other Qty Item# l Description Unit Price Line Total (Received Date 1 LS-8 S-150 3D HW LS Focus s 150 Scanner ' $ 41,158.39 $ 41,158.39 1 ACCSS8032 Tripod 775.78 $ 775.78 1 ACCSS8001 Battery 436.90 $ 436.90 1 SOFTS0900 Faro software 3,693.50 $ 3,693.50 1 SOFTL0002 Hard Lock 114.85 $ 114.85 1 SOFT51002 FARO ZONE 3d 1,933.19 $ 1,933.19 1 COMP0123X64 Notebook computer 3,208.89 $ 3,208.89 1 SWS-FCS-3Y 3year warranty 6,508.75 $ 6,508.75 1 SMA0900-3Y Scene Maintenance 1,939.44 $ 1,939.44 3 SMA51002 Faro 3d Maintemamce 2,304.06 $ 2,304.06 1 ACCS0285 Traceable 3d kit 1,269.45 $ 1,269.45 1 ACCSS0299 Target Rods 1,015.56 $ 1,015.56 1 TR-FZ3-COR online training-Faro 3d - $ - 1 TR-SCN-POS-FOR-O Onsite training-5day 8,673.50 $ 8,673.50 1 TR-FZ-CSI-PC Online Training point cloud 475.00 $ 475.00 1 TRFZ3-TCI-PC Online Training point cloud 475.00 $ 475.00 Subtotal $ 73,982.26 Chief's Approval Date Freight $ - Jcusoiv Dra ly 11/06/19 Chief Deputy Date Sales Tax Total $ 73,982.26 Undersheriff Date • Washington State Depament of r ( Enterprise Servic rt es 00218 — Police Radar / Lidar Speed Enforcement, Speed Advisory, Parts, and Accessories Pricing & Ordering Ordering Instructions CONTRACTOR INFORMATION Contractor: Kustom Signal,Inc. 9652 Loiret Blvd. Lenexa,KS 66219 Contract Administration: Primary Contact Alternate Contact Name: Robin Jess Phone: 800-458-7866 Fax: E-mail: rjess@kustomsignals.com Customer Service/Order Primary Contact Alternate Contact Placement: Name: Tony Campos Phone: 800-458-7866 Ext 3025 Fax: E-mail: sales@kustomsignals.com Contractor's Website: Payment/Order Placement Kustom Signal,Inc. Address: 9652 Loiret Blvd. Lenexa,KS 66219 sales@kustomsignais.com Credit Card Acceptance: Visa,Master Card,American Express,Discover Minimum Orders: None Shipping Destination: Freight on Board(FOB) Destination Freight: Prepaid and Included Item Description Unit Unit of Delivery Unit Price Measure ARO 1 Eagle II 1 EA 30 days $1,308.00 2 Golden Eagle II 1 EA 30 days $1,818.00 3 Directional Golden Eagle II 1 EA 30 days $2,175.00 4 Falcon HR 1 EA 30 days $645.00 5 Talon II 1 EA 30 days $1,006.00 6 Directional Talon 1 EA 30 days $1,312.00 7 Raptor RP-1 1 EA 30 days $1,104.00 Rev 5/17/2016 Page 1 of 14 00218 Police Radar/Lidar Speed Enforcement, Speed Advisory, Parts and Accessories Pricing 3 Eagle 3 1 EA 30 days $1,930.00 3 LaserCam 4 1 EA 30 days $5,995.00 L0 Pro Laser III 1 EA 30 days $2,546.00 L1 ProLaser 4 1 EA 30 days $2,195.00 L2 ProLaser 4 with Following Too Close Mode enabled 1 EA 30 days $2,490.00 L3 Pro-Lite + 1 EA 30 days $1,395.00 tern Description Unit Unit of Delivery Unit Price Measure ARO Sub-Category Trailer Mounted Speed Advisory Systems 1 PMD 475 18" 2-digit dual display with 20" x 30" Graphical 1 EA 45 days $5,995.00 Message Sign, 120 VAC 2 PMD 450 18" 2-digit display, 120 VAC 1 EA 45 days $4,895.00 3 PMD 400 12" 2-digit display, 120 VAC 1 EA 45 days $3,395.00 4 PMD 375 18" 2-digit display in MUTCD Compliant YOUR SPEED 1 EA 45 days $3,595.00 sign, 120 VAC 5 PMD 350 18" 2-digit display, 120 VAC 1 EA 45 days $3,050.00 6 PMD 275 12" 2-digit display in MUTCD Compliant YOUR SPEED 1 EA 45 days $2,595.00 sign, 120 VAC 7 PMD 250 12" 2-digit display, 120 VAC 1 EA 45 days $2,495.00 8 PMD 10 1 EA 60 days $2,524.00 9 PMD 12 1 EA 60 days $2,728.00 SMART VMS Model I changeable message sign with Kustom 10 directional radar, 48" x 96" Full Matrix LED display, 2x 6VDC 1 EA 30 days $18,934.00 batteries, AC charger, electro-hydraulic mast, screw jacks and white paint. SMART VMS Model II changeable message sign with Kustom 11 directional radar, 48" x 76" Full Matrix LED display, 2x 6 VDC 1 EA 30 days .k4414 batteries, AC charger, electro-hydraulic mast, screw jacks, and white paint. Rev 5/12/2016 Page 2 of 14 00218 Police Radar/Lidar Speed Enforcement, Speed Advisory, Parts and Accessories Pricing SMART VMS Model III changeable message sign with Kustom 12 directional radar, 34" x 71" Full Matrix LED display, 2x 6 VDC 1 EA 30 days $16,078.00 batteries,AC charger, electro-hydraulic mast, screw jacks, and white paint. SMART VMS Model HT bundle includes changeable message 13 sign with Kustom directional radar,48" x 76" Full Matrix LED display, 6x 6 VDC batteries, AC charger, electro-hydraulic mast, 1 EA 30 days $19,648.00 screw jacks, 80 W solar, Wi-Fi modem for local wireless access, and white paint. 14 SMART 800 (18" Fixed Display, Fold Down Speed Limit Sign) 1 EA 45 days $8,149.00 15 SMART 850 (18" Fold-Down Display&Speed Limit Sign) 1 EA 45 days $9,419.00 16 SMART 650 RADAR trailer with 12" fixed display, fold down 1 EA 45 days $5,100.00 speed sign 17 SMART 510 (12" display on 2-wheel dolly) 1 EA 45 days $2,575.00 181 EA 45 days $4,246.00 SMART 500 (12" display on 2-wheeler w/battery) 19 Stealthstat with TSC and Flashcard 1 Each 30 days $3,043.00 Item Manufacturer Description Unit Unit of Delivery Unit Price Measure ARO 1 Kustom Eagle II Carrying Case (CRS 287) 1 Each 30 days $100.00 Signals, Inc. 2 Kustom Eagle II Separation Kit (CRS 62) 1 Each 30 days $197.00 Signals, Inc. 3 Kustom Eagle II Kustom Signals Video Interface (CRS 60) 1 Each 30 days $114.00 Signals, Inc. _ 4 Kustom Eagle II Radar/Video ASCII Interface (CRS 179) 1 Each 30 days $222.00 Signals, Inc. 5 Kustom Golden Eagle II Carrying Case (CRS 287) 1 Each 30 days $100.00 Signals, Inc. 6 Kustom Golden Eagle II Separation Kit (CRS 61) 1 Each 30 days $57.00 Signals, Inc. 7 Kustom Golden Eagle II Kustom Signals Video Interface 1 Each 30 days $114.00 Signals, Inc. (CRS 60) U Rev 5/12/2016 Page 3 of 14 00218 Police Radar/Lidar Speed Enforcement, Speed Advisory, Parts and Accessories Pricing 8 Kustom Golden Eagle II Radar/Video ASCII Interface (CRS 1 Each 30 days $222.00 Signals, Inc. 179) 9 Kustom Directional Golden Eagle Carrying Case (CRS 287) 1 Each 30 days $100.00 Signals, Inc. 10 Kustom Directional Golden Eagle Separation Kit (CRS 61) 1 Each 30 days $57.00 Signals, Inc. 11 Kustom Directional Golden Eagle Kustom Signals Video 1 Each 30 days $114.00 Signals, Inc. Interface (CRS 60) 12 Kustom Directional Golden Eagle Radar/Video ASCII 1 Each 30 days $222.00 Signals, Inc. Interface (CRS 179) 13 Kustom Falcon HR Coiled Cord Upgrade (CRS 1647) 1 Each 30 days $34.00 Signals, Inc. 14 Kustom Falcon HR Battery Handle with Charger (CRS 1623) 1 Each 30 days $229.00 Signals, Inc. 15 Kustom Falcon HR Carrying Case (CRS 7031) 1 Each 30 days $118.00 Signals, Inc. 16 Kustom Falcon HR Kustom Signals Video Interface (CRS 1 Each 30 days $112.00 Signals, Inc. 1701) 17 Kustom Talon II Coiled Cord Upgrade (CRS 1647) 1 Each 30 days $34.00 Signals, Inc. 18 Kustom Talon II Battery Handle with Charger (CRS 1623) 1 Each 30 days $229.00 Signals, Inc. 19 Kustom Talon II Carrying Case (CRS 1629) 1 Each 30 days $118.00 Signals, Inc. 20 Kustom Talon II Kustom Signals Video Interface (CRS 1701) 1 Each 30 days $112.00 Signals, Inc. 21 Kustom Talon II Fastest Vehicle Option (CRS 1620) 1 Each 30 days $180.00 Signals, Inc. 22 Kustom Talon II Same Direction Option M/S Only(CRS 1 Each 30 days $224.00 Signals, Inc. 1621) 23 Kustom Directional Talon II Coiled Cord Upgrade (CRS 1 Each 30 days $34.00 Signals, Inc. 1647) 24 Kustom Directional Talon II Battery Handle with Charger 1 Each 30 days $229.00 Signals, Inc. (CRS 1623) 25 Kustom Directional Talon II Carrying Case (CRS 1629) 1 Each 30 days $118.00 Signals, Inc. 26 Kustom Directional Talon II Kustom Signals Video Interface 1 Each 30 days $112.00 Signals, Inc. (CRS 1701) Rev 5/12/2016 Page 4 of 14 SMART° VMS II/HT k(((((« Variable Message Sign Trailer KUSTOM SIGNALS, INC.® Speed Monitoring Awareness Radar Trailer (SMART) with variable message sign (VMS). g g '` 4, . - . Highly Visible :` _ q _- i� • All LED full matrix & graphics capable '` •K " = '� • Radar feedback programmable messages ; • . ; .,, i . ..y • Legible up to 1,000 ft. (305 m) .: - .. Lw� • Pre-programmed & user defined messages �; ' '� • Larger text &full display size graphics ir r-' `` . E—ii L • 1, 2, or 3 line messages �� • Flash lines or entire message10: , ; , - Key Features • Hydraulic sign lift ,_ 4"4 • Up to 13 days run time with 2 deep cycle batteries 4 • Extend run time with additional batteries & solar _•_ options 1 .1 • 4x 2-ton screw leveling jacks ' • Removable tongue and removable 2" ball hitch ',4 1 wow : Homeland Trailer (HT) Bundle: ` .� bag • 'FPI 80W Solar panel • Up to 40 day run time with 6 batteries • Wi-Fi modem for local wireless programming ,- • ROAD Options {WORK , • Standard & AimStar® adjustable solar panels* - n,< :' _ ED • Wi-Fi modem & 4G modem with GPS `_ "��� . • Auxiliary equipment pedestal (ALPR camera ready) .� �Y,' li n� :, • Additional deep cycle batteries , ; � _'# — A -- • Manual lift • Custom paint With ALPR • Anti-corrosion enriched paint • Aluminum wheels Easy to program • Spare Tire • Tamper alarm NTCIP compliant • Wheel Lock • Traffic Data Recording System • Tongue mounted jack with 6" swivel wheel Improve community relations • Bluetooth° handheld terminal * AimStar is an American Signal Company registered trademark Kustom Signals Inc. 9652 Loiret Boulevard, Lenexa, KS, 66219, USA. Tel. 800-458-7866 www.KustomSignals.com 913-492-1400 SMART° VMS II/HT kg« Variable Message Sign Trailer KUSTOM SIGNALS, INC.® Portable Changeable Message Sign Sign Case Width 78"(2 m) +Trailer Width 72"(1.8 m)--•- I Qom' - - , .. ■ I Sign Case .-. I Height 48"(1,2 m) IN 1M1I1 ' �yi1 -----aIII L1e n.t h('-w.\ I s 4 76 3 1. Length wlo I„ Tongue _.-„ lg , .�, — I. i EN ,' �I! IN 93'(2.4 m) Trailer 93g(2,4/mTongue 'i 1I_I -0--Trailer length WI Tongue(travel)123"(3.1 m)- ■ •+ L.' IN Physical/Mechanical Character Fonts • Height (raised): 135.7" (3.4 m) Pixel Normal Characters Lines • Height (storage): 95.2" (2.4 m) Matrix Height Per Line Sign Face • Length (tongue): 123" (3.1 m) 3x7 12" (30.5 cm) 10/12 3 • Length (w/o tongue): 93" (2.4 m) 4x7 12" (30.5 cm) 10 3 • Trailer Width: 72" (1.8 m) 5x7 12" (30.5 cm) 8 3 • Sign Case Width: 78" (2.0 m) • Sign Case Height: 48" (1.2 m) 5x7w 12" (30.5 cm) 7 3 7x7 12" (30.5 cm) 6 3 7x7w 18" (45.7 cm) 5 3 6x11 33" (83.8 cm) 7 2 Electrical/Display 7x20 33" (83.8 cm) 6 1 • Matrix type: Full matrix w=bold • LEDs per pixel: 4 Control/Operation • Angularity: 30 degrees • Pre-programmed messages: 230 • Speed-Variable timing: 0.10 second increments • User-defined messages: 200 • Matrix size: 24 rows x 48 columns • Message sequences: 250 • LED color: 590 nm ITE amber/yellow • Animation messages • Character size: 12" (30.5 cm) to 33" (83.8 cm) • Graphical messages SMART VMS II-Data Sheet-USA Eng-Print-04/2016 Kustom Signals Inc. 9652 Loiret Boulevard, Lenexa, KS, 66219, USA. Tel. 800-458-7866 www.KustomSignals.com 913-492-1400 Kustom Signals Inc I Products I Radar Speed Signs&Trailers Page 1 of 7 Latest News: IACP Wrap-Up: The Chiefs of Police Annual Conference Crosses the Finish Line 110 Support Chat ilDLIa help.Available Customer Login Select Language ((((((( KUSTOM SIGNALS INC • Home • Company • Our Company • Our History • Honoring Fallen Officers • Career Opportunities • Useful Information • YouTube • Products • Video Laser • Laser • Radar • Video • Speed Displays • Mapping • Blog • Service& Support Service Contacts • • Returns and Repairs • Online Parts Ordering G Distributor Warranty Registration • Warranty, Maintenance, Bulletins and Downloads • Authorized Service Centers • Payments • Contact Us • Contact Us • Find Your Local Rep • Request A Quote • Our Company • Our History • • Honoring Fallen Officers • Career Opportunities • Useful Information https://www.kustomsignals.com/index.php?/products/product category/category/speed_d... 11/20/2019 Kustom Signals Inc I Products I Radar Speed Signs &Trailers Page 2 of 7. • YouTube • Video Laser • Police Laser(LIDAR) Speed Guns • Police Car Radar& Speed Guns • Police Dash Cam In-Car Video • Radar Speed Signs&Trailers • LiDAR Mapping • Service Contacts . I • Returns and Repairs • I • Online Parts Ordering . I • Warranty Registration . I • Maintenance&Warranty You are here: Products>Radar Speed Signs &Trailers Like 0 • PMD10 & 12 . I • SMART 650 . I • SMART 800/850 . I • Variable Message Signs: VMS I • Variable Message Signs: VMS II/HT • I • Variable Message Signs: VMS III • I • Pole Mounted Displays • I • StealthStatTM • I • DRU III httus://www.kustomsignals.com/index.php?/products/product_category/category/speed_d... 11/20/2019 Kustom Signals Inc I Products I Radar Speed Signs & Trailers Page 3 of 7 fl •�_ `_ 3., t . �- ,i.lit 1, I. gyp •_ „ tit r • I G ._ • PMD 10 & 12 Portable RADAR Displays These lightweight,highly visible,portable RADAR sign displays enhance driver awareness and are ideal for community relations. Read More Video Demo Request a Quote LIMIT • YOUR SPEED SMART 650 Speed Monitoring Awareness Radar Trailer SMART trailers increase speed awareness and reduce traffic problems in areas of concern. Our SMART 650 radar speed trailers are ideal to use near schools as well as in areas with high rates of accidents. Read More Video Demo https://www.kustomsignals.com/index.php?/products/product_category/category/speed_d... 11/20/2019 Kustom Signals Inc 1 Products I Radar Speed Signs &Trailers Page 4 of 7, Request a Quote iri NIP" - OUP SPEED ,. ...„..,„__ _ 6,0 i i 4. " Mal SMART 800/850 Speed Monitoring Awareness Radar Trailer Available at two different price points, SMART trailers increase speed awareness and reduce traffic problems in areas of concern. Read More Video Demo Request a Quote yE. 10 j, i.. .... T =4,+A22::•:1 a St. s I e .4,t• v Variable Message Signs: VMS I speed monitoring awareness radar trailer(SMART)with variable message sign(VMS) Improve community relations with the NTCIP compliant and easily programmable variable message speed trailers. Read More Request a Quote https://www.kustomsignals.com/index.php?/products/product_category/category/speed_d... 11/20/2019 Kustom Signals Inc I Products I Radar Speed Signs& Trailers Page 5 of 7 • ' k-''' flgt. DIE 1 t."- i-14-1. n - - - ,,,,,,,,,, .,... . ...... . .... . . , , , .% . :, � .r . ;. .. j,. ' - ., e . slow . I ,, Variable Message Signs: VMS II/HT speed monitoring awareness radar trailer(SMART)with variable message sign (VMS) Improve community relations with the NTCIP compliant and easily programmable variable message speed trailers. Read More Video Demo Request a Quote • .? si. ti 4' A as r. A y Y� r �l......*I-ir >>j r' *i,` *kk •. 1 .. Variable Message Signs: VMS III speed monitoring awareness radar trailer(SMART)with variable message sign(VMS) Improve community relations with the NTCIP compliant and easily programmable variable message speed sign trailers. Read More Request a Quote https://www.kustomsignals.com/index.php?/products/product category/category/speed_d... 11/20/2019 Kustom Signals Inc I Products I Radar Speed Signs &Trailers Page 6 of 7, 1 �i. . LA -, . , . -,4.0.0 , , . , , .„ . _ ..„ , , .. IA i • , f, , ory i Pole Mounted Displays Fixed Position Speed Indicators Keep critical areas safer with pole mounted radar speed displays. High intensity LEDs available in four distinct looks based on your needs. Read More Video Demo Request a Quote StealthStatTM Traffic Statistics Data Collection Effectively track and manage traffic in your community with the StealthStatTM and Traffic Statistics Computer. Read More Request a Quote httos://www.kustomsignals.com/index.php?/products/product_category/category/speed_d_. 11/20/2019 . Kustom Signals Inc I Products I Radar Speed Signs&Trailers Page 7 of 7 11111 • ~ `• �-� ' .' YOUR SPEED DRU III Directional OEM Doppler Radar Directional Radar Unit III (DRU III) integrates with OEM applications such as radar trailers, speed displays, industrial controls and sports products for flexible application. Applying the technology used in many of our best-selling products, DRU III can be used to fit your product line. Read More Request a Quote • Kustom Signals Inc mmi. pia. is part of MPD, Inc. headquartered in Owensboro,Kentucky. MPD, Inc consists of six wholly owned subsidiaries. These include MPD Components, inc.,MPH Industries, inc.,Lion Laboratories Limited, CMI, inc. MPD (Singapore)PTE LTD, and Kustom Signals, inc.. MPD, inc. employs over 320 employees worldwide, all committed to producing the highest quality products for their customers. www.mpdinc.com © Copyright 2014 I Kustom Signals Site Map I Privacy Policy I Terms & Conditions https://www.kustomsignals.com/index.php?/products/product_category/category/speed_d... 11/20/2019