HomeMy WebLinkAbout2019/12/02 - Briefing Packet BOARD OF MASON COUNTY COMMISSIONERS
DRAFT BRIEFING MEETING AGENDA
411 North Fifth Street, Shelton WA 98584
Week of December 2, 2019
Monday, December 2, 2019
Commission Chambers
9:00 A.M. 2020 Budget Hearing
Briefing Schedule
9:30 A.M. Support Services — Frank Pinter
10:00 A.M. Community Services — Dave Windom
10:15 A.M. BREAK
10:25 A.M. Public Works — Loretta Swanson
Utilities & Waste Management
10:45 A.M. Sheriff's Office — Sheryl Hilt
11:00 A.M. Economic Development Council — Jennifer Baria
11:15 A.M. Executive Session- RCW 42.30.110 (1)(i) Potential Litigation
11:30 A.M. Closed Session RCW 42.30.140 (4) Labor Discussion
Commissioner Discussion — as needed
Briefing Agendas are subject to change,please contact the Commissioners'office for the most recent version.
Last printed 11/27/19 at 11:17 AM
If special accommodations are needed,contact the Commissioners'office at ext.419,Shelton#360-427-9670;Belfair
#275-4467,Elma#482-5269.
MASON COUNTY COMMISSIONER BRIEFING INFORMATION FOR WEEK OF
December 2, 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.
caU�r
1854
Budget Management
Mason County Support Services Department
411 North 5th Street Commissioner Administration
Emergency Management
Shelton, WA 98584 Facilities, Parks&Trails
360.427.9670 ext. 419 Human Resources
Information Services
Labor Relations
txst Risk Management
X
MASON COUNTY COMMISSIONER BRIEFING ITEMS FROM SUPPORT SERVICES
December 2, 2019
• Specific Items for Review
o Lodging Tax recommendations— Diane
o Personnel Policy updates— Dawn
o Request for the Board of Equalization to reconvene— Dawn
o .09 Awards—Jen
o PUD #3 Pole Attachment License Agreement— Ross
o Reappointment request to Parks &Trails Advisory Board —Ross
o Recommendation for janitorial services— Kelly
o Discuss disposition of Traffic Policing vehicles— Frank
• Commissioner Discussion
o Temporary Road Use Agreement with Green Diamond Resource Co.—Cmmr. Shutty
o Mason Transit Authority Board appointment
JADLZ\Briefing Items\2019\2019-12-02.docx
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Diane Zoren
DEPARTMENT: Support Services EXT: 419
BRIEFING DATE: December 2, 2019
PREVIOUS BRIEFING DATES:
If this is a follow-up briefing, please provide only new information
ITEMS:
The Lodging Tax Advisory Committee (LTAC) met on November 6 to consider proposals
submitted in response to a Request for Proposals for services that support tourism including
Visitor Information Centers, tourism promotion and support of tourism related facilities for
2020.
The following recommendations have been made: award $38,500 to Northwest Event
Organizers (NEO) for Concierge Handbook&Wild Side Guides Campaign; award $87,000 to
Shelton Mason County Chamber of Commerce and $15,800 to the Mason County Historical
Society Museum for Visitor Information Center(VIC) services.
EXECUTIVE SUMMARY:
$102,800 is available for VIC funding and $50,000 is available for services that support
tourism.
The proposal requests received were as follows:
NEO, $38,500
Shelton Mason County Chamber of Commerce, $100,000
Mason County Historical Society Museum, $25,000
Tygard Media, $26,182
The legislative body may choose only recipients from the list of candidates and
recommended amounts provided by the local lodging tax advisory committee,
pursuant to RCW 67.28.1816(2)(b)(ii).
LTAC did not recommend any funding to Tygard Media.
RECOMMENDED OR REQUESTED ACTION:
Approval to place contract awards on the December 17 agenda as recommended by
LTAC.
1:\DLZ\Brief1ng Items\2019\Diane's items\Lodging Tax awards for 2020 VIC,Handbook and Museum.doc
MASON COUNTY LODGING TAX ADVISORY COMMITTEE
Meeting Minutes
Commissioners' Chambers
411 North 5t" Street, Shelton, WA 98584
Wednesday, November 6, 2019 10:00 a.m.
Members in Attendance: Chair Sharon Trask, Christine Johnson for Nathan Welch, Duane Wilson, Stephanie
Rowland, Heidi McCutcheon. Also in attendance were Rachel Hansen, Will Tygart and Elizabeth Arbaugh.
Chair Trask called the meeting to order at 10:08 a.m.
Approval of Minutes
Duane/Stephanie moved and seconded to approve the July 25, 2019 meeting minutes as corrected.
Motion carried.
Review Proposals that Support Tourism for 2020
Diane explained the RFP was issued again for VIC's for up to $102,800 and the scope was expanded to
include other services that support tourism for up to $50,000.
Shelton Mason County Chamber of Commerce
Shelton Mason County Chamber request for $100,000 for Visitor Information Center services. Heidi
McCutcheon explained the history of the Hoodsport VIC and that costs have increased. Hoodsport VIC
has a Parks Wilderness Ranger available Thursday through Sunday during peak season who can issue
Wilderness Permits and other passes that only the Rangers can issue. Heidi stated the visitor numbers
have increased.
Shaun asked for a breakdown of each VIC cost. Heidi responded that 10% of the Chamber's office rent,
$90 per month, is allocated to tourism and all of the Hoodsport VIC cost. She stated in 2018 the
Chamber just broke even for tourism.
The Chamber receives revenue from City of Shelton Lodging Tax $20,000 and from Parks Service
$10,000 and from selling maps.
Cmmr. Trask stated that the Lake Cushman Road is planned to be closed for construction in 2020 and
access to Lake Cushman and to Stair Case will be restricted. She asked if there a plan for the impact to
tourism. Heidi pointed out there are other Park access points and anticipates the Hoodsport VIC will still
be busy with visitors.
There are two employees at the Hoodsport VIC who manage the volunteers and included in the VIC cost
are benefits including a retirement contribution.
Heidi noted that tourism is part of Chamber business and their goal is to pay for tourism-related staff
time from tourism funding and it is supplemented by the Chamber.
The proposal includes visitor counts for 2017 compared to 2018 and 2019 numbers are trending towards
an 8.5% increase.
Mason County Historical Society Museum
Liz Arbaugh, Director, presented the request for $25,000 for the Historical Society Museum. The
museum runs with three part-time staff and volunteers. Liz's vision is to make the museum a tourism
attraction, especially off-season, by adding exhibits. They were awarded $10,000 from City lodging tax
for 2020; received $12,500 in 2019.
LTAC November 6, 2019 meeting minutes
Duane commented that a museum is important to Mason County and that's the primary focus of the
museum. He questioned whether it also serves a visitor information center.
Liz stated she intends to promote the museum through press releases and articles in various publications.
Rachel commented there is a market for people who like to visit museums.
Discussion of how the museum supports visitors and Liz explained the various displays she would like to
incorporate at the museum which includes focusing on the various regions and industries in the county
and rotating exhibits that would bring people from outside of the county.
Duane expressed support if the funding will do something different and not just continuing the same
thing.
Stephanie stated she sees the museum as a tourist attraction.
Heidi believes there are a lot of activities in Shelton to send tourists to. Liz pointed out the museum
visitors are looking for historical attractions, not necessarily shopping.
Museum hours are Tuesday through Friday, 11-5 and Saturday, 11-4. The museum needs to improve
promotion of the museum. There was discussion of how to garner better support from the community.
Mason County Concierge Handbook &Wild Side Guides Campaign
Northwest Event Organizers, Inc. is requesting $38,500 for a concierge handbook that provides visitor
information including parks, lodging, dining, retail and recreational opportunities. The handbook would
be distributed at various establishments and would be kept current. Rachel noted there has been an
increase in short-term rentals and it's important they are aware of this information and to maintain the
tourism brand. The goal is to have current, accurate and cohesive tourism information.
The goal is to distribute at least 50 handbooks and place a sticker in the business window that identifies
it as"Wild Side Guide". Rachel's proposal includes maintenance of the handbooks.
This is a one-year proposal and Rachel is hopeful it is successful and will continue.
Discussion of how the handbook differs from going to a website. Christine stated she personally likes to
use the handbooks that are available when she travels. Duane noted that not everyone has access to
websites. Shaun questioned if the handbook would continue to be utilized. He asked if it could be
replicated on-line. Rachel explained this handbook provides the detailed information for visitors once
they are here. A .pdf version of the handbook could be hosted on the ExploreHoodCanal.com website.
Rachel explained the cost includes the research to build the handbook, printing and distributing the
handbook with quality materials and serve as a liaison between the businesses and tourism. The
proposal is to provide 50 handbooks.
Visitor Amenity Awareness Proposal submitted by Tygard Media
Will Tygart is requesting $26,182 to create visitor amenity awareness via an online campaign focused on
visitor amenities. The campaign will be distributed on Facebook, Instagram and Audience Network
platforms.
Duane asked if this competes with ExploreHoodCanal.com
LTAC November 6, 2019 meeting minutes
Will stated it would complement what is available on the website based on visitor's searches, purchases
and activities. The advertisements would be showed to those from outside of the county. Will explained
how the campaign targets visitors.
Discussion of cost- $14K to build the campaign; $400 is for monthly support; $600 for advertisements.
The ads drive people to the business's websites, not to ExploreHoodCanal.com. Will said he discounted
his build cost by $10,000.
Discussion
Visitor Information Center
Mason County Historical Society Museum — service that supports tourism as a tourist attraction and
provides visitor information. They do not have a tourism promotion campaign. The proposal talks about
promotion of the museum. Heidi does not support providing marketing funding for the museum.
Duane stated his initial response was to fund $10,000 and is willing to increase it.
Shelton Mason County Chamber of Commerce VIC—Christine stated she uses the Hoodsport VIC. Duane
sees the Shelton office as Chamber first and then a VIC. Heidi explained that's why only a small amount
of the Shelton office is allocated to tourism. Shaun — if you reduce the map expense of$45K because it's
revenue neutral, and other revenues, it leaves $72,500 for expenses. Duane noted that the North Mason
Chamber award was not increased over 2019. Christine's suggested an award of$87K for the Chamber
and $15K for museum. Stephanie supports $15K for the museum.
Heidi interjected that the lodging tax funding is available and tourism has increased and the Chamber
supplements the VIC's. If the VIC is not fully funded there is not capital funding available from the
Chamber to make improvements.
Stephanie/Christine moved and seconded to award$15,800 to the Mason County Historical Society
Museum,$87,000 to Shelton Mason Chamber of Commerce in 2020. Motion carried. Heidi recused.
Scope of work for the museum is to include increased promotion, enhanced exhibits. The VIC contract
will have language addressing the funding in 2021.
Services that Support Tourism
Concierge Handbook— Stephanie supports the proposal, believes it enhances the ExploreHoodCanal
campaign. Duane supports the proposal, likes that it is different. Christine stated they support the
proposal. Heidi stated an important element is to provide training.
Duane supports full funding at $38,500; Shaun commented that is just short of$800 per binder which he
believes is too high; very supportive of the idea; how will the handbook be maintained throughout the
year. Program management and support was discussed.
Stephanie/Duane moved and seconded to award$38,500 to Northwest Event Organizers, Inc, for the
Concierge Handbook& Wild Side guides Campaign. Motion carried.
Shaun stated he supports this proposal because Rachel has demonstrated her commitment to Mason
County.
Tygart Media — Shaun sees value in exploring this option but wants tangible case studies before investing
money. Duane would like evidence that this type of proposal could work and believes it is a bit
redundant of what is done on ExploreHoodCanal.com. Heidi believes this muddies the water because
Tygart Media is already contracted under ExploreHoodCanal.com and using data from that contract. She
LTAC November 6, 2019 meeting minutes
could see this as an expansion of the Tourism Development contract. Stephanie agreed with Heidi's
comments and that it could fall under the Tourism contract. There was discussion of the proposal.
Shaun and Cmmr. Trask expressed interest in exploring this type of proposal but not supportive of
funding.
Quarterly Reports
LTAC members needed to leave and asked for the quarterly reports in writing to review. Rachel will
distribute her PowerPoint.
There was no public comment.
Diane will schedule a January LTAC meeting for 4 1 quarter reports.
The meeting adjourned at 1:35 p.m.
LODGING TAX ADVISORY COMMITTEE
MASON COUNTY, WASHINGTON
ATTEST:
LTAC Clerk Chair
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Dawn Twiddy
DEPARTMENT: Human Resources EXT: 422
BRIEFING DATE: December 2, 2019
PREVIOUS BRIEFING DATES:
(If this is a follow-up briefing, please provide only new information)
ITEM: A Resolution amending Resolution 89-19 Mason County Personnel Policy to amend Chapter
Chapter 7.9 WA Paid Family and Medical Leave and Chapter 8.5 No Smoking Policy, replacing
language in compliance with the RCW's governing each Chapter.
EXECUTIVE SUMMARY: (If applicable, please include available options and potential
solutions):
Chapter 7.9 WA Paid Family& Medical Leave removes original language inserted to under Payment of
Premiums and Taking Leave and replaces it with language in compliance with Chapter 50A.04 RCW.
Chapter 8.5 No Smoking Policy clarifies updated language as revised by Chapter 70.160 RCW including
the use of"vape"or"vaping"in public places.
BUDGET IMPACT: NA
PUBLIC OUTREACH:(Include any legal requirements, direct notice, website, community
meetings, etc.) NA
RECOMMENDED OR REQUESTED ACTION: Approval to place on the December 10, 2019 Action
Agenda a Resolution amending Resolution 89-19 Mason County Personnel Policy to amend Chapter
Chapter 7.9 WA Paid Family and Medical Leave and Chapter 8.5 No Smoking Policy, replacing
language in compliance with the RCW's governing each Chapter.
ATTACHMENTS: Resolution & Personnel Policy (Attachment A)
Briefing Summary 11/27/2019
RESOLUTION NO.
A RESOLUTION AMENDING RESOLUTION 89-19 MASON COUNTY PERSONNEL
POLICY AMENDING CHAPTER 7.9 WASHINGTON PAID FAMILY & MEDICAL LEAVE
AND CHAPTER 8.5 NO SMOKING POLICY
WHEREAS, it is the responsibility of the Board of Mason County Commissioners for the
coordination of county administrative programs, which is accomplished through the adoption of
the Personnel Policy; and
WHEREAS, it is necessary and appropriate to change the current language in
Payment of Premiums and Taking Leave and replace it with language in compliance with
Washington Paid Family and Medical Leave, Chapter 50A.04 RCW; and
WHEREAS, it is necessary and appropriate to update the No Smoking Policy
language and replace it with language in compliance with Smoking In Public Places Chapter
70.160 RCW.
NOW, THEREFORE, BE IT RESOLVED, the Board of Mason County Commissioners
hereby amends Resolution 89-19, Mason County Personnel Policy amending Chapter 7.9
Washington Paid Family & Medical Leave and Chapter 8.5 No Smoking Policy as outlined in
Attachment A. This resolution shall become effective immediately upon its passage.
ADOPTED THIS day of December, 2019.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
ATTEST:
Kevin Shutty, Chair
Melissa Drewry, Clerk of the Board
Randy Neatherlin, Commissioner
APPROVED AS TO FORM
Sharon Trask, Commissioner
Timothy Whitehead,
Deputy Prosecuting Attorney
C: Elected Officials&Department Heads
7.9 WASHINGTON PAID FAMILY& MEDICAL LEAVE
Effective December 31, 2019 Mason County shall remove the Shared Leave Program based
on the Washington Paid Family& Medical Leave, which pays employees who qualify,for
family medical leave based on a qualifying event.
The Human Resources Manager{EE RE$O1 UT1AN 58 05,6may etherize mplovees
to donate their accrued vacation or sick I ave to another County employee who is suffering
from, or whose parent, spouse or child is suffering from an extraordinary or severe illness,
injury, or physical or mental condition which has caused or is likely to cause the employee to
take I ave without pay or to terminate his/her employment.The following conditions apply:
1. To be eligible to donate vacation I ave, the employee who donates leave must have
more than ten (io)days of accrued I ave. In no event shall a leave transfer result in
the donor employee reducing his/her vacation leave balance to less than ten (1o)
days.To be eligible to donate sick leave, the employee who donates I ave must have
more than thirty(30)days of leave. In no event shall a I ave transfer result in the
donor employee reducing his/her sick leave balance to less than thirty(30) days.
Transfer of leave will be in increments of one day of I ave.All donations of leave are
strictly voluntary.
2. The employee receiving donated I ave shall have exhausted all his/her accumulated
I ave time. Donated vacation I ave shall be converted to sick leave for the recipient.
3: While an employee u - ng sh-,.-ed leave he she will ntin a to a the .
treatment, in respect to salary and benefits, as the employee would otherwise
receive if using vacation or sick leave.
4. The transfer of leave and the amount of I ave shall be authorized by the Board in
advance.
5. No employee shall receive more than 260 days of donated I ave during their
employment with the County.
[RESOLUTION 8_9-19=9/3/19]
Paid Family and Medical Leave Overview:
Paid Family and Medical Leave, RCW 50A.04 is a mandatory statewide insurance program
that will provide almost every Washington employee with paid time off to give or receive
care.
If you qualify, this program will allow you to take up to 12 weeks, as needed, if you:
• Welcome a child into your family(through birth, adoption or foster placement) •
Experience a serious illness or injury
• Need to care for a seriously ill or injured relative
• Need time to prepare for a family member's pre-and post-deployment activities, as
well as time for childcare issues related to a family member's military deployment.
For specifics on military-connected paid leave, visit
www.dol.gov/whd/regs/compliance/whdfs28mc.pdf
If you face multiple events in a year, you might be eligible to receive up to 16 weeks, and up
to 18 weeks if you experience a serious health condition during pregnancy that results in
incapacity.
Payment of Premiums:
The program is funded by premiums paid by both employees and employers. It will be
administered by the Employment Security Department (ESD).
Premium collection started on Jan. 1, 2019. In 2019, the premium is o.4 percent of wages.
Employers can either pay the full premium or withhold a portion of the premium from their
employees. Employers who choose to withhold premiums from their employees may
withhold up to about 63 percent of the total premium, or$2.44 per week for an employee
making$50,00o annually. The employer is responsible for paying the other 37 percent.
Businesses with fewer than 5o employees are exempt from the employer portion of the
premium but must still collect or opt to pay the employee portion of the premium.
Premium collection began Jan. 1, 2019. Your employer will calculate and withhold premiums
from your paycheck and send both your share and theirs to ESD on a quarterly basis.
Washington Paid Family& Medical L ave Coordinated with Other Leaves:
Employees who have accrued vacation, sick or other paid time off may choose to take such
leave or receive paid family and medical I ave benefits, as provided for in RC on.o-.020.
d Family and Medical Leave payments during a family
and/or medical related leave shall use only the number of I ave hours that, together with the
Washington o„d Famil„ Q. M dical I e ben fits n nts nts the plo yee's
normal pay for the same period. Financial Services "Payroll" will calculate use of paid leave
eATlit shall the accumulation of leave and Washington Paid Family&Medical Leave income
result in any employee receiving income in excess of i00%of their regular straight time
income for the same period of time.
If the employee elects to use paid leave to supplement the employee's arnings, the
employee must notify Human Resources at the start of his/her Washington Paid Family&
Medical L ave. Once the employee elects to use paid I ave to supplement his/her earnings,
the employee may not reverse the election. An employee may not elect to use only a
portion of his/her accrued I ave.
Employees who elect to use his/her accrued I ave to supplement their wage while on family
and/or medical leave shall bring their Washington Paid Fami1
their department payroll to purchase back all or a portion of his/her leave hours used and
paid to the employee during the family and/or medical leave. Once the employee makes
payment to Mason County and Financial Services "Payroll" approves the deposit, the
employee's-umber of leave hours wil► be added bac►- to the , crual record.
Any employee who collects both a full accrued leave paycheck and a Washington Paid Family
Q. Medica► L payment SHALL remit the Washington Paid Family& Medical L ave
payment to the county. In the event an employee does not submit, the Washington Paid
Family& Medical L ave payment to the county may be subject to disciplinary action for
misuses, falsifying, or abusing I ave.
Taking Leave:
Starting Jan. i, 2020, employees who have worked 82o hours in the qualifying period (equal
to -6 hours a week for a year)will be able to apply to take paid medical leave or paid family
leave. The 82o hours are cumulative, regardless of the number of employers or jobs
someone has during a year.All paid work over the course of the year counts toward the 82o
hours, including part-time, seasonal and temporary work.
While on leave, you are entitled to partial wage replacement.That means you will receive a
portion of your average weekly pay.The benefit is generally up to go percent of your weekly
wage, with a minimum of$ioo per week and a maximum of$1,000 per week. You will be
paid by the Employment Security Department rather than your employer.
Unlike the federal Family and Medical Leave Act (FMLA), employees of small businesses may
take Paid Family and Medical Leave if they meet the standard eligibility requirements.
More information on applying for benefits will come in 2019. Please go to paidleave.wa.gov
for more information on applying for benefits.
Leave Protection:
Employees who return from leave under this law will be restored to a same or equivalent job
if they work for an employer with 5o or more employees, have worked for this employer for
at least 12 months, and have worked 1,25o hours in the 12 months before taking leave (about
24 hours per week, on average).
You can keep your health insurance while on leave. If you contribute to the cost of your
health insurance, you must continue to pay your portion of the premium cost while on leave.
Your employer is prohibited from discriminating or retaliating against you for requesting or
taking paid leave.
[RESOLUTION_89-19-9/3/19]
8.5 NO SMOKING POLICY
For health and safety considerations, the County prohibits smoking and vaping by
employees on all County-owned, leased, or operated and all county property is designated
as non-smoking and vaping free areas. Smoking and vaping is prohibited in all buildings and
vehicles owned or leased by the County are offices or other facilities rented or leased by the
County.
Public Areas:The term "public area" is defined for the purpose of the No Smoking Policy,
but not limited to: all hallways, conference rooms, elevators, restrooms, lobbies, stairwells,
reception areas, and any other areas which are: (1) open to the public, or(2) areas which
employees are required to pass through during the course of employment.
Smoking: The term "smoke" or"smoking" is defined for the purpose of the No Smoking
Policy, but not limited to; the carrying or smoking of any kind of lighted all smoking of
cigarettes, pipes, cigars, chewing of tobacco, vaping and the use of e-cigarettes, or any
other lighted smoking equipment.
Vape: The term "vape" or"vaping" is defined for the purpose of this chapter as inhaling or
exhaling the vapor produced by any noncombustible product that may contain nicotine or a
marijuana product and that employs a heating element, power source, electronic circuit, or
other electronic, chemical, or mechanical means, regardless of shape or size, that can be
used to produce vapor or aerosol from a solution or other substance including any electronic
cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device.
County Property:The term "county property" is defined as the grounds and parking lots
surrounding county buildings and all county parks. County property does not include:
(i) Private vehicles and residences unless otherwise required by individual or group
contracts with the county;
(2) County roads;
(3) Any person passing by or through county property while on a public sidewalk or
public right-of-way has not intentionally violated this chapter.
No smoking signs and removal of ashtrays:The department of Facilities, Parks &Trails
Facilities Department shall post and maintain no-smoking and no-vaping signs in all public
areas and county property as defined herein, and remove ashtrays from those public areas.
Pursuant to RCW Chapter Zo.16o.o7o - Intentional Violators, any person intentionally
violating this policy by smoking or vaping in a public place, place of employment or within
twenty-five feet of doors, windows that open and ventilation intakes or any person
removing, defacing or destroying a sign required by this policy is subject to a civil fine of up
to one hundred dollars. The county sheriff's department shall enforce this policy by issuing a
notice of civil infraction to be assessed in the same manner as traffic infractions.
All county employees shall be encouraged to help educate the public about the non-smoking
and vaping policy by reminding violators not to smoke or vape on the property and by
adding the policy to all use agreements and event publications. Violators, who refuse to
comply with the smoking and vaping policy, may be asked to leave the county property.
The appropriate department director or elected official shall be responsible for educating
employees about the non-smoking policy and shall resolve intentional employee violations
of the policy through disciplinary action.
Interpretation of this chapter shall be in a manner that is consistent with RCW Chapter
70.16o Washington Clean Indoor Air Act, prohibiting smoking in all public places and places
of employment.
[PER ORDINANCE 91-06, 8/22/2oo6] [PER ORDINANCE ]
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Dawn Twiddy
DEPARTMENT: HR/ Board of Equalization EXT: 422
BRIEFING DATE: 12/2/2019
PREVIOUS BRIEFING DATES: n/a
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:
Approval to place on the December 10, 2019 consent agenda consideration of approval for
the Mason County Board of Equalization to hear completed and timely filed appeals for the
2019 assessment year.
EXECUTIVE SUMMARY: (If applicable, please include available options and potential
solutions):
The Mason County Assessor has certified the assessment rolls for 2019 assessment year.
Per RCW 84.48.010, petitions filed exceeded twenty-five, or ten percent of the number of
appeals filed in the preceding year. Petitions filed for 2018 assessment year totaled 342.
BUDGET IMPACT: No additional budget impact.
PUBLIC OUTREACH:(include any legal requirements, direct notice,website,community
meetings, etc.)
RECOMMENDED OR REQUESTED ACTION:
Approval to place on the December 10, 2019 consent agenda consideration of approval for
the Mason County Board of Equalization to hear completed and timely filed appeals for the
2019 assessment year.
ATTACHMENT:
Notice of Approval to Hear Property Tax Appeals Mason County Legislative Authority Form
(Rev 64 00049)
K:\CMMR Cover Sheets\2019\13riefing Cvr-Approval for BoE to Hear Property Tax Appeals for 2019 AY.docx
NOTICE OF APPROVAL TO HEAR PROPERTY TAX APPEALS
MASON COUNTY LEGISLATIVE AUTHORITY
The county board of equalization,with the approval of the county legislative
authority, may convene at any time when petitions filed exceed twenty-five,or
ten percent of the number of appeals filed in the preceding year,whichever is
eater. CW 84.48.010
Pursuant to RCW 84.48.010,the Mason County Legislative Authority hereby approves the
Mason County Board of Equalization's request to convene for the purpose of hearing
appeals filed for the current year. This approval is based on a finding that the requirements for convening under
RCW 84.48.010 have been satisfied.
DATED THIS day of December 2019
(Month) (Year)
Mason County Commissioners
Mason County,Washington
Randy Neatherlin,Chairperson
Kevin Schutty,Commissioner
Sharon Trask,Commissioner
To ask about the availability of this publication in an alternate format for the visually impaired,please call(360)705-6715.
Teletype(TTI)users,please call(360)705-6718. For tax assistance,call(360)534-1400.
REV 64 0049(8/20/12)
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Jennifer Beirele
DEPARTMENT: Support Services EXT: 747
BRIEFING DATE: December 2, 2019
PREVIOUS BRIEFING DATES:
If this is a follow-up briefing, please provide only new information
ITEM: Request to award 2020 funding from the .09 Rural County Sales & Use Tax Fund #103
EXECUTIVE SUMMARY:
Two applications were received for 2020 funding:
Economic Development Council requested $70,040
Mason County Public Works requested $450,000 for years 2020 & 2021 for the Belfair Sewer
The applications were circulated for comment as required and no comments were received.
From RCW 82.14.370 - "Moneys collected under this section may only be used to finance public
facilities* serving economic development purposes in rural counties and finance personnel in
economic development offices**. The public facility must be listed as an item in the officially
adopted county overall economic development plan***, or the economic development section
of the county's comprehensive plan..."
*"Public facilities" means bridges, roads, domestic and industrial water facilities, sanitary sewer
facilities, earth stabilization, storm sewer facilities, railroads, electrical facilities, natural gas
facilities, research,testing, training, and incubation facilities in innovation partnership zones
designated under RCW 43.330.270, buildings, structures, telecommunications infrastructure,
transportation infrastructure, or commercial infrastructure, and port facilities in the state of
Washington.
**"Economic development office" means an office of a county, port districts, or an associate
development organization as defined in RCW 43.330.010, which promotes economic
development purposes within the county. (Mason County Economic Development Office)
***Comprehensive Economic Development Strategy Project List (CEDS) that is adopted by
resolution by the Commissioners.
BUDGET IMPACTS: Funding from .09 Fund #103
RECOMMENDED OR REQUESTED ACTION: Place the awards and contract with the EDC on
the December 10 agenda
Briefing Summary 11/27/2019
LOCAL ECONOMIC DEVELOPMENT PROGRAM
APPLICATION
Contact Name(s) JENNIFER BARIA
Address 310 W. COTA STREET
City, State, Zip SHELTON, WA 98584
Fax &e-mail (360) 426-2276 &JENNIFER@CHOOSEMASON.COM
Signature and position of person authorizing submittal of application
EXECUTIVE DIRECTOR 10.08.2019
Signature Position Date
Project Title: MASON COUNTY ECONOMIC DEVELOPMENT
Total Project Cost $332,996 Amount raised to date $
Is your request intended to fill a gap in funding (gap financing)? [X] Yes [ ] No
Is this a phased project [ ] Yes [X] No, If yes number of phases number of years
Requested loan amount $N/A Requested grant amount $70,040
1. Briefly describe the project, project start date, jurisdictions or private entities
involved and their phases and timing, and which phases(s) of the project would be
funded by loan or grant?
The Economic Development Council of Mason County (EDC) is Mason County's Associate
Development Organization (ADO), partnering with the BOCC, Ports, the city of Shelton, and
a broad variety of stakeholders to drive economic growth in our community. We are a non-
profit, non-partisan organization promoting economic well-being and quality of life for
Mason County, by actively recruiting new employers and by retaining and supporting the
growth of existing employers, thereby expanding jobs that facilitate growth, enhance wealth
and provide a stable tax base.
2. Explain how the project satisfies economic development and priorities.
The EDC's mission is to promote the economic vitality and growth of Mason County. We
support that primary mission of business recruitment and development with an array of
efforts to ensure an attractive business environment, ready and able workforce, and the
necessary infrastructure to support a thriving economy as well as developing and curating
economic data required by the County, the Department of Commerce, and other
stakeholders.
Our work starts locally by retaining and expanding existing businesses to ensure that our
foundation is strong. We help communities understand local business needs and respond —
so that businesses stay, grow, and become more deeply rooted in the community. We
continue to build our business retention and expansion program to provide community
leaders with advanced warning about problems that may lead to a closure. The work
involves (1) building solid relationships with the business owners or plant managers of the
employers in the community, (2) regularly collecting data on both individual companies and
their industry sectors, (3) analyzing and tracking the collected data in order to predict its
behavior, (4) assisting the company in solving problems that may cause them to move or
close, (5) looking for opportunities to grow the businesses in their communities.
The EDC also works to attract businesses to provide new jobs and needed goods and
services to the community. This work requires current and accurate research to target
companies that would fit well in our community and support our economic ecosystem. We
have started a focused outreach to companies that are industry-related to or interdependent
with industries currently established in Mason County and are using third party lead
generators to extend our reach and penetration.
While there are many activities that fall under the EDC's scope, a key component to all our
work is communication. Effective economic development marketing differentiates the
community through thoughtful messaging, engages rather than intrudes, and informs and
educates. Through effective marketing, Mason County has positioned itself more
strategically for growth, with both current and local business. Of equal importance, our
marketing and communications initiative will continue to help educate and engage our
community regarding the organization's activities and will bring increased awareness to the
citizenry about the efforts of EDC and our many partners to expand business opportunities
and bring new and better jobs to our community.
The EDC will work to strengthen focus on Mason County's capacity-building needs and help
structure a strategic and targeted approach for securing those final infrastructure dollars.
This is a key component in establishing and maintaining a robust economic ecosystem by
helping to build capacity that contributes to individual, business, and county-wide success.
3. Will this project be a public facility which is listed in economic development plan officially
adopted by the county? [ ] Yes [X] No
4. List engineering reports, permits, feasibility studies and environmental studies which have
been completed and/or need to be completed.
N/A
5. Has other funding been secured? [X] Yes [ ] No. If yes, list source(s) of funding.
The EDC is currently in the process of negotiating contracts for 2020. We expect to secure
and maintain all existing contracts and investment support.
6. Please list other funding sources, which have been pursued or currently pursued.
CONTRACT: $248,606
PUBLIC: $10,440
PRIVATE: $73,950
7. Please indicate the number of full-time, permanent jobs this project will create.
Create in 1-3: 100 Create in 4-5 years: N/A Create in 6-10 years:
Number of jobs retained: 100
8. Please indicate number of businesses that will directly benefit from the public facility.
While this is not a public facility, the EDC has set a strategic goal of assisting a minimum of
125 businesses in 2020.
9. Please list other significant factors about the project that should be considered.
The EDC is continuing to work recruiting identified industries that can benefit from the
County's assets and match the economic development vision of the community, we have
noticed a significant gap in the county's industrial lands and their access to necessary
utilities. Over the next year, we have prioritized work around identifying, cataloging and
potentially rezoning areas that will better support Mason County recruitment efforts.
As mentioned in item number two, the EDC will work to strengthen focus on Mason
County's capacity-building needs and help structure a strategic and targeted approach for
securing those final infrastructure dollars. This will be developed from the current prioritized
CEDS Project List.
10. List, in detail, how the money requested would be spent on the proposed project.
Funding will be used to continue offering an array of business development programs and
initiatives to assist entrepreneurs in starting and growing their business, support local
companies, and promote the area for future investment.
These include but are not limited to:
• Actively recruiting new employers
• Outreach to existing Mason County employers
• Site selection services
• Economic and demographic data
• Research and comparative analysis
• Prioritize infrastructure projects and coordinate funding efforts
• Workforce and job training information
• Entrepreneurship training
o Annual Shelton High School Business Plan Competition
o Olympic College Entrepreneur Camp
o Microenterprise Business Builder Course
• Business plan assistance
• Access to financing organizations
• Identifying collaboration opportunities
• Key introductions
• Tax research and incentives
• Facilitation with permitting processes
• Personalized briefings and orientations
• Public relations and media coordination
• Counsel and advice
x
I
LOCAL ECONOMIC DEVELOPMENT PROGRAM
APPLICATION
Contact Name(s) Loretta Swanson, Director, Mason County Public Works/Utilities &Waste
Address 100 W Public Works Drive
City, State, Zip Shelton, WA 98584
Fax & e-mail lorettasC&co.mason.wa.us
Signature and position of person authorizing submittal of application
c�GQ,-?_S�w Director 10/18/2019
Signature Position Date
Project Title: Belfair Wastewater Treatment&Water Reclamation Projects:
Phases 1-4 Planning and Capital Infrastructure Development
Total Project Cost $ 53.3 million (Phases 1-2) Amount raised to date $ 53.3
Is your request intended to fill a gap in funding (gap financing)? [x] Yes [ ] No
Requested funds are necessary to help pay the annual debt service costs incurred on funding
borrowed to build the new Belfair Wastewater Treatment/Water Reclamation Facility, and to
maintain a reasonable monthly sewer rate. Annual expenditures related to debt service are
assumed to be approximately $ 767,000 per year after applying $1,500,000 in rate relief funds
received during the 2019 legislative session.
Is this a phased project [x] Yes [ ] No, If yes number of phases: 4 Number of years: 20
Requested loan amount$ 0 Requested grant amount $ 450,000/year
for years 2020-2021
1. Briefly describe the project, project start date, jurisdictions or private entities
involved and their phases and timing, and which phases(s) of the project would be
funded by loan or grant?
Phase 1 of the Belfair Wastewater Treatment &Water Reclamation Projects is complete
and partially funded by this grant. Phase 2, which extends service towards the Puget
Sound Industrial Center (PSIC) is currently in the preliminary engineering phase with
construction anticipated in 2022 or sooner. Phase 2 design is fully funded and a Public
Works Board grant and low interest construction loan offer will fund constructlon. The
preferred alternative and funding package decision is pending.
The Phase 2 work is in partnership with the City of Bremerton and Port of Bremerton
through an Interlocal Agreement (ILA). Phase 2 is timed in coordination with the
Page 1 of 4
WSDOT SR3 Freight Corridor project design and construction, along with Mason Transit
Authority's new Belfair facility.
2. Explain how the project satisfies economic development and priorities.
Belfair is one of three urban growth areas within Mason County. Provision of sewer
service is essential for economic growth within both the Belfair UGA and county. Weil-
planned and constructed sewer infrastructure reduces hurdles to economic
development. Phase 2 of this project extends service to areas designated for industrial
and commercial use (along with residential) in advance of need, while making use of the
existing infrastructure capacity.
I
The Economic Development Element of the Mason County Comprehensive Plan identifies
infrastructure and capital improvements as one of five focus areas, noting sewer
systems as a key infrastructure need. The vision is"Mason County's utilities and
transportation networks fully support future commercial, industrial and residential
growth while preserving the natural environment and community character".
GOAL 1.1 Ensure that infrastructure is adequately sized or expandable to
accommodate current needs and projected growth.
POLICY 1.1.2 Support and encourage the extension of utilities, transportation, i
and other facilities to areas designated for industrial and commercial use in '
advance of need.
Phase 2 is planned to extend service to the Puget Sound Industrial Center (PSIC)
with most of its area being designated as a Manufacturing/Industrial Center (MIC) by
the Puget Sound Regional Council (PSRC). A MIC is an area intended to have a i
concentration of industrial employment and comes with potential tax advantages for
the businesses who locate there. There are only nine in the Puget Sound Region,
and PSIC has the most vacant land. In order to maintain MIC status, steps must be i
taken to ensure the center is developable, including provision of sewer service.
i
3. Will this project be a public facility which is listed in economic development plan officially
adopted by the county? [x] Yes [ ] No
4, List engineering reports, permits, feasibility studies and environmental studies which have
been completed and/or need to be completed.
r
✓ Belfair Wastewater Plant Operations Permit
✓ Belfair Wastewater Facilities Plan
✓ Belfair/Northshore Programmatic Environmental Impact Statement
Belfair General Sewer Plan underway at this time for Phase 2 improvements
Page 2 of 4
5. Has other funding been secured? [x] Yes [ ] No. If yes, list source(s) of funding.
Mason County actively and regularly pursues other funding sources to reduce the
current debt burden, maintain rates, and meet economic development priorities. Recent
examples of secured funding include;
• Legislative appropriations for rate relief
■ Commerce grants for sewer extension planning/design
■ ILA with City of Bremerton for sewer extension planning and design
• Public Works Board grant/loan for sewer extension construction
6. Please list other funding sources, which have been pursued or currently pursued,
The County will continue to pursue federal and state grants and loans as appropriate for
the remaining phases of implementation of the Belfair sewer project. After start-up of
Phases 1 and 2, utility rates and general facility connection charges will also be used to
operate the system and pay down the capital debt service for these initial phases of the
project.
Additional funding is required to complete the remaining phases and keep customer
utility rates affordable. Current expectations are that large portions (if not all) of the
remaining phases will be funded through developer contributions.
7. Please indicate the number of full-time, permanent jobs this project will create.
Create in 1-3 = 20 Create in 4-5 years = 100 Create in 6-10 years = 150 I
t
Number of jobs retained = 300
S. Please indicate number of businesses that will directly benefit from the public facility.
All existing businesses within the Belfair UGA along the SR3 and 300 Belfair corridors
directly benefit from Phase 1 sewer service. The provision of sewer service freed up
valuable urban land previously dedicated to on-site septic systems and reserve areas.
This allowed for expansion and/or re-development.
Phase 2 service will also potentially benefit existing businesses in the Log Yard Road
vicinity and along SR 3 north of the existing service area similar to benefits from
Phase 1. Providing a closer sewer connection will allow business to more
economically connect, thereby expanding or building new. New businesses in the
same vicinity and PSIC will benefit from planned sewer expansion.
Page 3 of 4
9. Please list other significant factors about the project that should be considered.
The project will allow for the successful, planned development of entire Belfair UGA at
urban levels of density as envisioned (and required) by the State's Growth Management
Act. The conversion of on-site systems to sewer will aid in the removal of nitrogen to
Hood Canal.
10. List, in detail, how the money requested would be spent on the proposed project.
The requested dollars will be spent to help pay down the annual capital project debt
service of approximately$1 million per year that was incurred to construct Phase 1 of
the Belfair sewer system. This will help keep the annual sewer rate increases to 3% per
year from 2017 through 2026 with an assumed ERU growth rate of 3% per year for the
Belfair sewer system.
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Page 4 of 4
MASON COUNTY
and
ECONOMIC DEVELOPMENT COUNCIL of MASON COUNTY
PROFESSIONAL SERVICES CONTRACT
This CONTRACT is made and entered into by and between Mason County, hereinafter referred
to as "COUNTY" and the Economic Development Council of Mason County"CONTRACTOR"
referred to as "CONTRACTOR."COUNTY and EDC are referred to collectively as the "parties."
RECITALS:
WHEREAS, sales tax and use funds collected under RCW 82.14.370 are to be used to finance
public facilities serving economic development purposes in rural counties and finance personnel
in economic development offices; and
WHEREAS, the Economic Development Council of Mason County meets the requirement of
being "an office of a county, port district, or an associate development organization as defined in
RCW 43.330.010, which promotes economic development purposes within the county"with its
purposes including the facilitation of the creation or retention of businesses and jobs in a county;
and
WHEREAS, through RCW 43.330.080 the Economic Development Council of Mason County, as
the County's designated Associate Development Organization, is required to provide direct
assistance including business planning to companies throughout the County who need support
to stay in business, expand or relocate to Washington from out-of-state and other countries.
Assistance must comply with business recruitment and retention protocols established by the
State; and
WHEREAS, COUNTY has consulted with the city of Shelton and the port districts located within
the county to ensure that this expenditure meets the goals of chapter 130, Laws of 2004; and
WHEREAS, COUNTY has determined that it is in the best interest of the residents of Mason
County to contract with the Economic Development Council of Mason County to provide
economic development technical assistance, support and services.
NOW, THEREFORE, for and in consideration of the CONTRACT made, and the payments to be
made by COUNTY, the parties agree to the following:
Special Conditions
Funding Source:
Funds for this CONTRACT are provided as allowed in RCW 82.14.370 sales and use tax for
public facilities in rural counties.
Required County Matching Funds:
Per RCW 43.330.086 COUNTY is required to provide matching funds for its Associate
Development Organization's grant with the Washington State Department of Commerce.
$57,339.00 of the funding provided through this CONTRACT is designated as the
COUNTY's matching funds.
1
General Conditions
Scope of Services:
CONTRACTOR agrees to provide COUNTY the services and any materials as set forth as
identified in "Exhibit A Scope-of-Services," during the CONTRACT period. No material, labor or
facilities will be furnished by COUNTY, unless otherwise provided for in the CONTRACT.
Term:
The performance period for this CONTRACT will start on January 1, 202049 and end
December 31, 20204-9.
Services Outside of Term:
Services provided by CONTRACTOR prior to or after the term of this CONTRACT shall be
performed at the expense of CONTRACTOR and are not compensable under this CONTRACT
unless both parties hereto agree to such provision in writing. The term of this CONTRACT may
be extended by mutual consent of the parties; provided, however, that the CONTRACT is in
writing and signed by both parties
Extension:
The duration of this CONTRACT may be extended by mutual written consent of the parties, for
a period of up to one year.
Compensation:
CONTRACT total value is not to exceed $7068,0480.
Independent Contractor:
CONTRACTOR's services shall be furnished by the CONTRACTOR as an independent
contractor, and nothing herein contained shall be construed to create a relationship of
employer-employee. All payments made hereunder and all services performed shall be made
and performed pursuant to this CONTRACT by the CONTRACTOR as an independent
contractor.
CONTRACTOR acknowledges that the entire compensation for this CONTRACT is specified in
Exhibit B Compensation and the CONTRACTOR is not entitled to any benefits including, but not
limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits,
or any other rights or privileges afforded to employees of COUNTY. The CONTRACTOR
represents that he/she/it maintains a separate place of business, serves clients other than
COUNTY, will report all income and expense accrued under this CONTRACT to the Internal
Revenue Service, and has a tax account with the State of Washington Department of Revenue
for payment of all sales and use and Business and Occupation taxes collected by the State of
Washington.
CONTRACTOR will defend, indemnify and hold harmless COUNTY, its officers, agents or
employees from any loss or expense, including, but not limited to, settlements,judgments,
setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of
the provisions of this paragraph.
Taxes:
CONTRACTOR understands and acknowledges that COUNTY will not withhold Federal or State
income taxes.Where required by State or Federal law,the CONTRACTOR authorizes COUNTY
to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by
the CONTRACTOR will be reported to the Internal Revenue Service at the end of the calendar
year in accordance with the applicable IRS regulations. It is the responsibility of
2
the CONTRACTOR to make the necessary estimated tax payments throughout the year, if any,
and the CONTRACTOR is solely liable for any tax obligation arising from the CONTRACTOR's
performance of this CONTRACT. The CONTRACTOR hereby agrees to indemnify COUNTY
against any demand to pay taxes arising from the CONTRACTOR's failure to pay taxes on
compensation earned pursuant to this CONTRACT.
COUNTY will pay sales and use taxes imposed on goods or services acquired hereunder as
required by law. The CONTRACTOR must pay all other taxes, including, but not limited to,
Business and Occupation Tax, taxes based on the CONTRACTOR's gross or net income, or
personal property to which COUNTY does not hold title. COUNTY is exempt from Federal
Excise Tax.
No Guarantee of Employment:
The performance of all or part of this CONTRACT by the CONTRACTOR shall not operate to
vest any employment rights whatsoever and shall not be deemed to guarantee any employment
of CONTRACTOR or any employee of CONTRACTOR or any sub-contractor or any employee
of any sub-contractor by COUNTY at the present time or in the future.
Accounting and Payment for CONTRACTOR Services:
Payment to the CONTRACTOR for services rendered under this CONTRACT shall be as set
forth in "Exhibit B Compensation."Where Exhibit"B" requires payments by the COUNTY,
payment shall be based upon written claims supported, unless otherwise provided in Exhibit"B,"
by documentation of units of work actually performed and amounts earned, including, where
appropriate, the actual number of days worked each month, total number of hours for the month,
and the total dollar payment requested, so as to comply with municipal auditing requirements.
Acceptable invoices will be processed within 30 days of receipt.
Unless specifically stated in Exhibit"B" or approved in writing in advance by the official
executing this CONTRACT for COUNTY or his or her designee (hereinafter referred to as the
"Administrative Officer"). COUNTY will not reimburse the CONTRACTOR for any costs or
expenses incurred by the CONTRACTOR in the performance of this CONTRACT. Where
required, COUNTY shall, upon receipt of appropriate documentation, compensate the
CONTRACTOR, no more often than monthly, in accordance with COUNTY's customary
procedures, pursuant to the fee schedule set forth in Exhibit"B."
Withholding Payment:
In the event the CONTRACTOR has failed to perform any obligation under this CONTRACT
within the times set forth in this CONTRACT, then COUNTY may, upon written notice, withhold
from amounts otherwise due and payable to CONTRACTOR, without penalty, until such failure
to perform is cured or otherwise adjudicated. Withholding under this clause shall not be
deemed a breach entitling CONTRACTOR to termination or damages, provided that COUNTY
promptly gives notice in writing to the CONTRACTOR of the nature of the default or failure to
perform, and in no case more than ten (10) days after it determines to withhold amounts
otherwise due. A determination of the Administrative Officer set forth in a notice to the
CONTRACTOR of the action required and/or the amount required to cure any alleged failure to
perform shall be deemed conclusive, except to the extent that the CONTRACTOR acts within
the times and in strict accord with the provisions of the Disputes clause of this CONTRACT.
COUNTY may act in accordance with any determination of the Administrative Officer which has
become conclusive under this clause, without prejudice to any other remedy under the
CONTRACT, to take all or any of the following actions: (1) cure any failure or default, (2)to pay
any amount so required to be paid and to charge the same to the account of the
3
CONTRACTOR, (3)to set off any amount so paid or incurred from amounts due or to become
due the CONTRACTOR. In the event the CONTRACTOR obtains relief upon a claim under the
Disputes clause, no penalty or damages shall accrue to CONTRACTOR by reason of good faith
withholding by COUNTY under this clause.
Labor Standards:
CONTRACTOR agrees to comply with all applicable state and federal requirements, including
but not limited to those pertaining to payment of wages and working conditions, in accordance
with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the
Davis-Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly
payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic
shall be required to work in surroundings or under conditions which are unsanitary, hazardous,
or dangerous to health and safety as determined by regulations promulgated by the Federal
Secretary of Labor and/or the State of Washington.
Conflict of Interest:
If at any time prior to commencement of, or during the term of this CONTRACT, CONTRACTOR
or any of its employees involved in the performance of this CONTRACT shall have or develop
an interest in the subject matter of this CONTRACT that is potentially in conflict with the
COUNTY's interest, then CONTRACTOR shall immediately notify COUNTY of the same. The
notification of COUNTY shall be made with sufficient specificity to enable COUNTY to make an
informed judgment as to whether or not COUNTY's interest may be compromised in any manner
by the existence of the conflict, actual or potential. Thereafter, COUNTY may require
CONTRACTOR to take reasonable steps to remove the conflict of interest. COUNTY may also
terminate this CONTRACT according to the provisions herein for termination.
Non-Discrimination in Employment:
COUNTY's policy is to provide equal opportunity in all terms, conditions and privileges of
employment for all qualified applicants and employees without regard to race, color, creed,
religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status.
CONTRACTOR shall comply with all laws prohibiting discrimination against any employee or
applicant for employment on the grounds of race, color, creed, religion, national origin, sex,
sexual orientation, age, marital status, disability, or veteran status, except where such
constitutes a bona fide occupational qualification.
Furthermore, in those cases in which CONTRACTOR is governed by such laws,
CONTRACTOR shall take affirmative action to insure that applicants are employed, and treated
during employment, without regard to their race, color, creed, religion, national origin, sex, age,
marital status, sexual orientation, disability, or veteran status, except where such constitutes a
bona fide occupational qualification. Such action shall include, but not be limited to: advertising,
hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits,
selection for training including apprenticeship, and participation in recreational and educational
activities. In all solicitations or advertisements for employees placed by them or on their behalf,
CONTRACTOR shall state that all qualified applicants will receive consideration for employment
without regard to race, color, religion, sex or national origin.
4
The foregoing provisions shall also be binding upon any sub-contractor, provided that the
foregoing provision shall not apply to contracts or sub-contractors for standard commercial
supplies or raw materials, or to sole proprietorships with no employees.
Non-Discrimination in Client Services:
CONTRACTOR shall not discriminate on the grounds of race, color, creed, religion, national
origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny an
individual or business any service or benefits under this CONTRACT; or subject an individual or
business to segregation or separate treatment in any manner related to his/her/its receipt any
service or services or other benefits provided under this CONTRACT; or deny an individual or
business an opportunity to participate in any program provided by this CONTRACT.
Waiver of Noncompetition:
CONTRACTOR irrevocably waives any existing rights which it may have, by contract or
otherwise, to require another person or corporation to refrain from submitting a proposal to or
performing work or providing supplies to COUNTY, and CONTRACTOR further promises that it
will not in the future, directly or indirectly, induce or solicit any person or corporation to refrain
from submitting a bid or proposal to or from performing work or providing supplies to COUNTY.
Ownership of Items Produced:
All writings, programs, data, public records or other materials prepared by CONTRACTOR
and/or its consultants or sub-contractors, in connection with performance of this CONTRACT,
shall be the sole and absolute property of COUNTY.
When CONTRACTOR creates any copyrightable materials or invents any patentable property,
CONTRACTOR may copyright or patent the same, but COUNTY retains a royalty-free,
nonexclusive and irrevocable license to reproduce, publish, recover, or otherwise use the
materials or property and to authorize other governments to use the same for state or local
governmental purposes. CONTRACTOR further agrees to make research, notes, and other
work products produced in the performance of this CONTRACT available to COUNTY upon
request.
Work Product:
CONTRACTOR will provide COUNTY with all work product including; reports, surveys, studies,
data collected and other as appropriate prior to the release of the final payment for services.
Patent/Copyright Infringement:
CONTRACTOR will defend and indemnify COUNTY from any claimed action, cause or demand
brought against COUNTY, to the extent such action is based on the claim that information
supplied by the CONTRACTOR infringes any patent or copyright. CONTRACTOR will pay those
costs and damages attributable to any such claims that are finally awarded against COUNTY in
any action. Such defense and payments are conditioned upon the following:
A. CONTRACTOR shall be notified promptly in writing by COUNTY of any notice of such claim.
B. CONTRACTOR shall have the right, hereunder, at its option and expense, to obtain for
COUNTY the right to continue using the information, in the event such claim of infringement, is
made, provided no reduction in performance or loss results to COUNTY.
Confidentiality:
CONTRACTOR, its employees, sub-contractors, and their employees shall maintain the
confidentiality of all information provided by COUNTY or acquired by CONTRACTOR in
performance of this CONTRACT, except upon the prior written consent of COUNTY or an order
5
entered by a court after having acquired jurisdiction over COUNTY. CONTRACTOR shall
immediately give to COUNTY notice of any judicial proceeding seeking disclosure of such
information. CONTRACTOR shall indemnify and hold harmless COUNTY, its officials, agents
or employees from all loss or expense, including, but not limited to, settlements,judgments,
setoffs, attorneys' fees and costs resulting from CONTRACTOR's breach of this provision.
Right to Review:
This CONTRACT is subject to review by any Federal, State or COUNTY auditor. COUNTY or its
designee shall have the right to review and monitor the financial and service components of this
program by whatever means are deemed expedient by the Administrative Officer or by
COUNTY's Auditor's Office. Such review may occur with or without notice and may include, but
is not limited to, on-site inspection by COUNTY agents or employees, inspection of all records or
other materials which COUNTY deems pertinent to the CONTRACT and its performance, and
any and all communications with or evaluations by service recipients under this CONTRACT.
CONTRACTOR shall preserve and maintain all financial records and records relating to the
performance of work under this CONTRACT for six (6) years after CONTRACT termination, and
shall make them available for such review, within Mason County, State of Washington, upon
request. CONTRACTOR also agrees to notify the Administrative Officer in advance of any
inspections, audits, or program review by any individual, agency, or governmental unit whose
purpose is to review the services provided within the terms of this CONTRACT. If no advance
notice is given to CONTRACTOR, then CONTRACTOR agrees to notify the Administrative
Officer as soon as it is practical.
Insurance Requirements:
At a minimum, CONTRACTOR shall provide insurance that meets or exceeds the requirements
detailed in "Exhibit C Insurance Requirements."
Insurance as a Condition of Payment:
Payments due to CONTRACTOR under this CONTRACT are expressly conditioned upon the
CONTRACTOR's strict compliance with all insurance requirements under this CONTRACT.
Payment to CONTRACTOR shall be suspended in the event of non-compliance. Upon receipt
of evidence of full compliance, payments not otherwise subject to withholding or set-off will be
released to CONTRACTOR.
Proof of Insurance:
A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to
COUNTY within five (5) days of CONTRACT execution.
Industrial Insurance Waiver:
With respect to the performance of this CONTRACT and as to claims against COUNTY, its
officers, agents and employees, CONTRACTOR expressly waives its immunity under Title 51 of
the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and
agrees that the obligations to indemnify, defend and hold harmless provided in this CONTRACT
extend to any claim brought by or on behalf of any employee of CONTRACTOR. This waiver is
mutually negotiated by the parties to this CONTRACT.
CONTRACTOR Commitments, Warranties and Representations:
Any written commitment received from CONTRACTOR concerning this CONTRACT shall be
binding upon CONTRACTOR, unless otherwise specifically provided herein with reference to
this paragraph. Failure of CONTRACTOR to fulfill such a commitment shall render
CONTRACTOR liable for damages to COUNTY. A commitment includes, but is not limited to,
6
any representation made prior to execution of this CONTRACT, whether or not incorporated
elsewhere herein by reference, as to performance of services or equipment, prices or options
for future acquisition to remain in effect for a fixed period, or warranties.
Defense and Indemnity Contract:
Indemnification by CONTRACTOR. To the fullest extent permitted by law, CONTRACTOR
agrees to indemnify, defend and hold COUNTY and its departments, elected and appointed
officials, employees, agents and volunteers, harmless from and against any and all claims,
damages, losses and expenses, including but not limited to court costs, attorney's fees and
alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness,
disease or death and for any damage to or destruction of any property (including the loss of use
resulting therefrom) which 1) are caused in whole or in part by any act or omission, negligent or
otherwise, of the CONTRACTOR, its employees, agents or volunteers or CONTRACTOR's
subcontractors and their employees, agents or volunteers; or 2) are directly or indirectly arising
out of, resulting from, or in connection with performance of this CONTRACT; or 3) are based
upon CONTRACTOR's or its subcontractors' use of, presence upon or proximity to the property
of COUNTY. This indemnification obligation of CONTRACTOR shall not apply in the limited
circumstance where the claim, damage, loss or expense is caused by the sole negligence of
COUNTY. This indemnification obligation of the CONTRACTOR shall not be limited in any way
by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other
workmen's compensation act, disability benefit act or other employee benefit act, and the
CONTRACTOR hereby expressly waives any immunity afforded by such acts. The foregoing
indemnification obligations of the CONTRACTOR are a material inducement to COUNTY to
enter into this CONTRACT, are reflected in CONTRACTOR's compensation, and have been
mutually negotiated by the parties.
Participation by County—No Waiver. COUNTY reserves the right, but not the obligation, to
participate in the defense of any claim, damages, losses or expenses and such participation
shall not constitute a waiver of CONTRACTOR's indemnity obligations under this CONTRACT.
Survival of CONTRACTOR's Indemnity Obligations. CONTRACTOR agrees all
CONTRACTOR's indemnity obligations shall survive the completion, expiration or termination
of this CONTRACT.
Indemnity by Subcontractors. In the event the CONTRACTOR enters into subcontracts to the
extent allowed under this CONTRACT, CONTRACTOR's subcontractors shall indemnify
COUNTY on a basis equal to or exceeding CONTRACTOR's indemnity obligations to COUNTY.
Compliance with Applicable Laws, Rules and Regulations:
This CONTRACT shall be subject to all laws, rules, and regulations of the United States of
America, the State of Washington, political subdivisions of the State of Washington and Mason
County. CONTRACTOR also agrees to comply with applicable Federal, State, County or
municipal standards for licensing, certification and operation of facilities and programs, and
accreditation and licensing of individuals.
Administration of Contract:
COUNTY hereby appoints, and CONTRACTOR hereby accepts, the Mason County's Support
Services Director or designee, as COUNTY's representative, hereinafter referred to as the
Administrative Officer, for the purposes of administering the provisions of this CONTRACT,
including COUNTY's right to receive and act on all reports and documents, and any auditing
performed by the COUNTY related to this CONTRACT.
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The Administrative Officer for purposes of this CONTRACT is:
Frank Pinter
Support Services Director
Mason County
411 N. 5th Street
Shelton, WA 98584
Phone: 360-427-9670 Ext. 530
FPinter(15.co.mason.wa.us
CONTRACTOR's Primary Contact's Information:
Jennifer Baria
310 W. Cota
Shelton, WA 98584
Phone: 360-426-2279
E-mail: Jennifer choosemason.com
Notice:
Except as set forth elsewhere in the CONTRACT, for all purposes under this CONTRACT
except service of process, notice shall be given by CONTRACTOR to COUNTY's
Administrative Officer under this CONTRACT. Notices and other communication may be
conducted via e-mail, U.S. mail, fax, hand-delivery or other generally accepted manner
including delivery services.
Modifications:
Either party may request changes in the CONTRACT. Any and all agreed modifications, to be
valid and binding upon either party, shall be in writing and signed by both of the parties.
Termination for Default:
If CONTRACTOR defaults by failing to perform any of the obligations of the CONTRACT or
becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or
makes an assignment for the benefit of creditors, COUNTY may, by depositing written notice
to CONTRACTOR in the U.S. mail, terminate the CONTRACT, and at COUNTY's option,
obtain performance of the work elsewhere. If the CONTRACT is terminated for default,
CONTRACTOR shall not be entitled to receive any further payments under the CONTRACT
until all work called for has been fully performed. Any extra cost or damage to COUNTY
resulting from such default(s) shall be deducted from any money due or coming due to
CONTRACTOR. CONTRACTOR shall bear any extra expenses incurred by COUNTY in
completing the work, including all increased costs for completing the work, and all damage
sustained, or which may be sustained by COUNTY by reason of such default.
If a notice of termination for default has been issued and it is later determined for any reason
that CONTRACTOR was not in default, the rights and obligations of the parties shall be the
same as if the notice of termination had been issued pursuant to the Termination for Public
Convenience paragraph hereof.
Termination for Public Convenience:
COUNTY may terminate this CONTRACT in whole or in part whenever COUNTY determines, in
its sole discretion, that such termination is in the interests of COUNTY. Whenever the
CONTRACT is terminated in accordance with this paragraph, CONTRACTOR shall be entitled
to payment for actual work performed in compliance with Exhibit A Scope-of-Services and
8
Exhibit B Compensation. An equitable adjustment in the CONTRACT price for partially
completed items of work will be made, but such adjustment shall not include provision for loss of
anticipated profit on deleted or uncompleted work. Termination of this CONTRACT by COUNTY
at any time during the term, whether for default or convenience, shall not constitute breach of
CONTRACT by COUNTY.
Termination for Reduced Funding:
COUNTY may terminate this CONTRACT in whole or in part should COUNTY determine, in its
sole discretion, that such termination is necessary due to a decrease in available funding
including State and/or Federal grants. Whenever the CONTRACT is terminated in accordance
with this paragraph, the CONTRACTOR shall be entitled to payment for actual work performed
in compliance with Exhibit A Scope-of-Services and Exhibit B Compensation.
Disputes:
1. Differences between the CONTRACTOR and COUNTY, arising under and by virtue of the
CONTRACT shall be brought to the attention of COUNTY at the earliest possible time in order
that such matters may be settled or other appropriate action promptly taken. For objections that
are not made in the manner specified and within the time limits stated, the records, orders,
rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive.
2. The CONTRACTOR shall not be entitled to additional compensation which otherwise may
be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer
of COUNTY, or (2) the happening of any event or occurrence, unless the CONTRACTOR has
given COUNTY a written Notice of Potential Claim within ten (10) days of the commencement
of the act, failure, or event giving rise to the claim, and before final payment by COUNTY. The
written Notice of Potential Claim shall set forth the reasons for which the CONTRACTOR
believes additional compensation or extension of time is due, the nature of the cost involved,
and insofar as possible, the amount of the potential claim. CONTRACTOR shall keep full and
complete daily records of the work performed, labor and material used, and all costs and
additional time claimed to be additional.
3. The CONTRACTOR shall not be entitled to claim any such additional compensation, or
extension of time, unless within thirty (30) days of the accomplishment of the portion of the work
from which the claim arose, and before final payment by COUNTY, the CONTRACTOR has
given COUNTY a detailed written statement of each element of cost or other compensation
requested and of all elements of additional time required, and copies of any supporting
documents evidencing the amount or the extension of time claimed to be due.
Arbitration:
Other than claims for injunctive relief brought by a party hereto (which may be brought either in
court or pursuant to this arbitration provision), and consistent with the provisions hereinabove,
any claim, dispute or controversy between the parties under, arising out of, or related to this
CONTRACT or otherwise, including issues of specific performance, shall be determined by
arbitration in Shelton, Washington, under the applicable American Arbitration Association (MA)
rules in effect on the date hereof, as modified by this CONTRACT. There shall be one arbitrator
selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or
any other group having similar credentials. Any issue about whether a claim is covered by this
CONTRACT shall be determined by the arbitrator. The arbitrator shall apply substantive law and
may award injunctive relief, equitable relief(including specific performance), or any other
remedy available from a judge, including expenses, costs and attorney fees to the prevailing
party and pre-award interest, but shall not have the power to award punitive damages. The
decision of the arbitrator shall be final and binding and an order confirming the award or
judgment upon the award may be entered in any court having jurisdiction. The parties agree
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that the decision of the arbitrator shall be the sole and exclusive remedy between them
regarding any dispute presented or pled before the arbitrator. At the request of either party
made not later than forty-five (45) days after the arbitration demand, the parties agree to submit
the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided,
that either party may decline to mediate and proceed with arbitration.
Any arbitration proceeding commenced to enforce or interpret this CONTRACT shall be brought
within six (6) years after the initial occurrence giving rise to the claim, dispute or issue for which
arbitration is commenced, regardless of the date of discovery or whether the claim, dispute or
issue was continuing in nature. Claims, disputes or issues arising more than six (6) years prior
to a written request or demand for arbitration issued under this CONTRACT are not subject to
arbitration.
Venue and Choice of Law:
In the event that any litigation should arise concerning the construction or interpretation of any
of the terms of this CONTRACT, the venue of such action of litigation shall be in the courts of
the State of Washington and Mason County. Unless otherwise specified herein, this
CONTRACT shall be governed by the laws of the State of Washington.
Severability:
If any term or condition of this CONTRACT or the application thereof to any person(s) or
circumstances is held invalid, such invalidity shall not affect other terms, conditions or
applications which can be given effect without the invalid term, condition or application. To this
end, the terms and conditions of this CONTRACT are declared severable.
Waiver:
Waiver of any breach or condition of this CONTRACT shall not be deemed a waiver of any prior
or subsequent breach. No term or condition of this CONTRACT shall be held to be waived,
modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure
of COUNTY to insist upon strict performance of any of the covenants of this CONTRACT, or to
exercise any option herein conferred in any one or more instances, shall not be construed to be
a waiver or relinquishment of any such, or any other covenants or contracts, but the same shall
be and remain in full force and effect.
Order of Precedence:
A. Applicable federal, state and county statutes, regulations, policies, procedures, federal Office
of Management and Budget(OMB) circulars and federal and state executive orders.
B. Funding source agreement(s) including attachments
C. Exhibit C Insurance Requirements
D. Special Conditions
E. General Condition
F. Exhibits A and B
Entire Contract:
This written CONTRACT, comprised of the writings signed or otherwise identified and attached
hereto, represents the entire CONTRACT between the parties and supersedes any prior oral
statements, discussions or understandings between the parties.
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ECONOMIC DEVELOPMENT COUNCIL BOARD OF COUNTY COMMISSIONERS
of MASON COUNTY MASON COUNTY, WASHINGTON
Jennifer Baria, Executive Director Kevin ShuttyRa,Rdy Neatherl+n, Chair
Dated: Dated:
APPROVED AS TO FORM:
Tim Whitehead, Chief DPA
EXHIBIT A
SCOPE OF SERVICES
CONTRACTOR to provide a budget by expense category totaling $7066,0480 for the 202049
one year contract to the BOCC within fifteen days (15) of contract execution.
CONTRACTOR to provide update to Board of County Commissioner at commission business
meetings. Deliverable: At a minimum of once per quarter the Executive Director or designee will
provide a brief update on EDC work to the County.
meetings.
RECRUITMENT & MARKETING
CONTRACTOR to market Mason County as excellent locations to expand or relocate a business
and positioning Washington as a globally competitive place to grow business, which may include
developing and executing regional plans to attract companies from out of state. Deliverable:
number of businesses contacted.
CONTRACTOR to provide site location assistance for businesses that are looking to locate in
Mason County. Deliverable: Quarterly list of project names.
BUSINESS RETENTION & EXPANSION ACTIVITIES
CONTRACTOR to work with partners throughout the county including, but no limited to, local
governments, workforce development councils, port districts, community and technical colleges
and higher education institutions, export assistance providers, small business assistance
programs, innovation partnership zones, and other federal, state, and local programs to facilitate
the alignment of planning efforts and the seamless delivery of business support services within
the entire county. Deliverable: copy of communication plan on or before 3/31/20204-9 and a
quarterly dashboard of communication analytics.
CONTRACTOR to provide business retention and expansion services throughout the county.
Such services must include, but are not limited to, business outreach and monitoring efforts to
identify and address challenges and opportunities faced by businesses, assistance to trade
impacted businesses in applying for grants from the federal trade adjustment assistance, and the
provision of information to businesses on resources available for microenterprise development
and resources available on the revitalization of commercial districts. Deliverable: number of
businesses visited and number of follow-ups with existing businesses.
CONTRACTOR to participate with the state board for community and technical colleges in the
coordination of the job skills training program and the customized training program within its
region.
BUSINESS ASSISTANCE
CONTRACTOR to provide or facilitate the provision of export assistance through workshops or
one-on-one assistance.
CONTRACTOR to provide information on state and local permitting processes, tax issues, export
assistance, and other essential information for operating, expanding, or locating a business in
Mason County. Deliverable: number of businesses that direct assistance was provided, and
number of follow-up interactions.
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READINESS & CAPACITY BUILDING
CONTRACTOR to solicit, compile and rank the Comprehensive Economic Development Strategy
(CEDS) list annually. Submit to COUNTY for review and approval on or before 6/30/204-9.
CONTRACTOR to provide an annual economic report. Deliverable: report of economic indicators
and comparisons in Mason County.
CONTRACTOR to participate in economic development system-wide discussions regarding gaps
in business start-up assistance in Mason County.
CONTRACTOR to participate in development of a countywide economic development plan in
conjunction with other governmental jurisdictions and institutions.
CONTRACTOR to provide an annual snapshot of local economic conditions to include
breakdowns of the three UGAs. Deliverable: Economic Vitality index.
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EXHIBIT B
COMPENSATION
A. Compensation:
CONTRACTOR will be compensated a total of$7066,0480 which will be paid in four
equal payments of$17,510808 after the receipt of an acceptable invoice.
B. Requests for Payment:
1. At a minimum the invoice is to include: performance period; date of submission;
CONTRACTOR's name, remittance address and phone number; invoice total; and any
additional applicable information.
2. Submit invoice with required performance report via e-mail to dlz(a)co.mason.wa.us and
aco.mason.wa.us
2.
3. Payment will be made to CONTRACTOR within thirty (30) days of the receipt of a
complete and accurate invoice
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EXHIBIT C
INSURANCE REQUIREMENTS
A. MINIMUM Insurance Requirements:
1. Commercial General Liability Insurance using Insurance Services Office "Commercial
General Liability" policy form CG 00 01, with an edition date prior to 2004, or the exact
equivalent. Coverage for an additional insured shall not be limited to its vicarious liability.
Defense costs must be paid in addition to limits. Limits shall be no less than $1,000,000 per
occurrence for all covered losses and no less than $2,000,000 general aggregate, for bodily
injury, personal injury, and property damage, including without limitation, blanket contractual
liability.
2. Workers' Compensation on a state-approved policy form providing statutory benefits as
required by law with employer's liability limits for CONTRACTOR's, with two (2) or more
employees and/or volunteers, no less than $1,000,000 per accident for all covered losses.
3. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including owned,
non-owned and hired autos, or the exact equivalent. Limits shall be no less than $1,000,000 per
accident, combined single limit. If CONTRACTOR owns no vehicles, this requirement may be
satisfied by a non-owned auto endorsement to the general liability policy described above. If
CONTRACTOR or CONTRACTOR's employees will use personal autos in any way on this
project, CONTRACTOR shall obtain evidence of personal auto liability coverage for each such
person.
4. Professional liability(errors & omissions) insurance. CONTRACTOR shall maintain
professional liability insurance that covers the services to be performed in connection with this
CONTRACT, in the minimum amount of$1,000,000 per claim and in the aggregate. Any policy
inception date, continuity date, or retroactive date must be before the effective date of this
CONTRACT and Consultant agrees to maintain continuous coverage through a period no less
than three years after completion of the services required by this CONTRACT.
5. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall
provide coverage at least as broad as specified for the underlying coverages. Such policy or
policies shall include as insureds those covered by the underlying policies, including additional
insureds. Coverage shall be "pay on behalf', with defense costs payable in addition to policy
limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one
insured against another. Coverage shall be applicable to COUNTY for injury to employees of
CONTRACTOR, subcontractors or others involved in the Work. The scope of coverage provided
is subject to approval of COUNTY following receipt of proof of insurance as required herein.
B. Certificate of Insurance:
A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to
COUNTY within five (5) days of CONTRACT execution.
C. Basic Stipulations:
1. CONTRACTOR agrees to endorse third party liability coverage required herein to include as
additional insureds COUNTY, its officials, employees and agents, using ISO endorsement CG
20 10 with an edition date prior to 2004. CONTRACTOR also agrees to require all
subcontractors, and anyone else involved in this CONTRACT on behalf of the CONTRACTOR
(hereinafter"indemnifying parties") to comply with these provisions.
15
2. CONTRACTOR agrees to waive rights of recovery against COUNTY regardless of the
applicability of any insurance proceeds, and to require all indemnifying parties to do likewise.
3. All insurance coverage maintained or procured by CONTRACTOR or required of others
by CONTRACTOR pursuant to this CONTRACT shall be endorsed to delete the subrogation
condition as to COUNTY, or must specifically allow the named insured to waive subrogation
prior to a loss.
4. All coverage types and limits required are subject to approval, modification and additional
requirements by COUNTY. CONTRACTOR shall not make any reductions in scope or limits of
coverage that may affect COUNTY's protection without COUNTY's prior written consent.
5 CONTRACTOR agrees upon request by COUNTY to provide complete, certified copies of
any policies required within 10 days of such request. COUNTY has the right, but not the duty,
to obtain any insurance it deems necessary to protect its interests. Any premium so paid by
COUNTY shall be charged to and promptly paid by CONTRACTOR or deducted from sums
due CONTRACTOR. Any actual or alleged failure on the part of COUNTY or any other
additional insured under these requirements to obtain proof of insurance required under this
CONTRACT in no way waives any right or remedy of COUNTY or any additional insured, in
this or in any other regard.
6. It is acknowledged by the parties of this CONTRACT that all insurance coverage required to
be provided by CONTRACTOR or indemnifying party, is intended to apply first and on a primary
non-contributing basis in relation to any other insurance or self-insurance available to COUNTY.
7. CONTRACTOR agrees not to self-insure or to use any self-insured retentions on any portion
of the insurance required herein and further agrees that it will not allow any indemnifying party to
self- insure its obligations to COUNTY. If CONTRACTOR's existing coverage includes a self-
insured retention, the self-insured retention must be declared to the COUNTY. The COUNTY
may review options with CONTRACTOR, which may include reduction or elimination of the self-
insured retention, substitution of other coverage, or other solutions.
8. CONTRACTOR will renew the required coverage annually as long as COUNTY, or its
employees or agents face an exposure from operations of any type pursuant to this
CONTRACT. This obligation applies whether or not the CONTRACT is canceled or terminated
for any reason. Termination of this obligation is not effective until COUNTY executes a written
statement to that effect.
9. The limits of insurance as described above shall be considered as minimum requirements.
Should any coverage carried by CONTRACTOR or a subcontractor of any tier maintain
insurance with limits of liability that exceed the required limits or coverage that is broader than
as outlined above, those higher limits and broader coverage shall be deemed to apply for the
benefit of any person or organization included as an additional insured and those limits shall
become the required minimum limits of insurance in all Paragraphs and Sections of this
CONTRACT.
10. None of the policies required herein shall be in compliance with these requirements if they
include any limiting endorsement that has not been first submitted to COUNTY and approved of
in writing.
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11. The requirements in this Exhibit supersede all other sections and provisions of this
CONTRACT to the extent that any other section or provision conflicts with or impairs the
provisions of this Exhibit.
12. Unless otherwise approved by COUNTY, insurance provided pursuant to these
requirements shall be by insurers authorized to do business in Washington and with a minimum
A.M. Best rating of A-:VII.
13. All insurance coverage and limits provided by CONTRACTOR and available or applicable to
this CONTRACT are intended to apply to the full extent of the policies. Nothing contained in this
CONTRACT limits the application of such insurance coverage.
14. CONTRACTOR agrees to provide prompt notice to COUNTY of any notice of cancellation of
any required policy or of any material alteration or non-renewal of any such policy, other than for
non-payment of premium. CONTRACTOR shall assure that this provision also applies to any of
its employees, agents or subcontractors engaged by or on behalf of CONTRACTOR in relation
to this CONTRACT.
15. COUNTY reserves the right at any time during the term of the CONTRACT to change the
amounts and types of insurance required by giving the CONTRACTOR ninety (90) days
advance written notice of such change. If such change results in substantial additional cost to
the CONTRACTOR, the COUNTY and CONTRACTOR may renegotiate CONTRACTOR's
compensation.
16. Requirements of specific coverage features are not intended as limitation on other
requirements or as waiver of any coverage normally provided by any given policy. Specific
reference to a coverage feature is for purposes of clarification only as it pertains to a given issue
and is not intended by any party or insured to be all-inclusive.
17. CONTRACTOR agrees to provide immediate notice to COUNTY of any claim or loss against
CONTRACTOR arising out of the work performed under this CONTRACT. COUNTY assumes
no obligation or liability by such notice, but has the right(but not the duty) to monitor the
handling of any such claim or claims if they are likely to involve COUNTY.
17
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
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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 i
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 I,2014
21
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POLE ATTACHMENT LICENSE AGREEMENT
his 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:
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a
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Public Utility District#3 of Mason County Pole Attachment License Agreement 1
TABLE OF CONTENTS
1
Article Subject Page
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
1
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Public(XW District No.3 of Mason County Pole Attachment License Agreement 2
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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 j
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 Attachmentfs): 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.
i
This definition of Attachment shall exclude:
Pole Attachment License A reement 3
Public Utility District#3 of Mason County 9
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a) Risers and conduits in association with or in support of an Attachment;
i
b) Overlashing(even if a common application form is used to facilitate
review for both Attachments and Overlashing). j
1.6 Ca aci : 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. I
1.14 Occupancy:means the use or specific reservation of Assigned Space for
Attachments on Pole.
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1.15 Overlash: means to place or lash or mechanically lash an additional wire or cable
onto an existing Attachment.
1.16 PedestalsNaults/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.
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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.
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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 Pen-nit(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
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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 Ta2zinz 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 i
considered an Attachment as governed by this Agreement.
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2.10 Span-Mounted Wireless Eguipment. Span-mounted wireless equipment is i
prohibited.
2.11 Other Agreements.Except as provided herein,nothing in this Agreement shall
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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.
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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.
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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 PaN meat 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(I%)per month, or the maximum rate allowed by law,whichever is
less.
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3.6 Payment for Work. Licensee will be responsible for payment of all actual,
reasonable and documented costs to the District for all worts the District or
Public Utility District No.3 of Mason County Pole Attachment License Agreement 8
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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.
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Public Utility Distdct#3 of Mason County Pole Attachment License Agreement 9
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4.3 Protective Equipment. Licensee, and its employees and contractors, shall utilize
and instal I 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 convective 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
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Agreement and/or applicable Peri-nit(s)within: i
(a} 120 days from Permit approval/issuance date(in event no Make-Ready
Work is required); and/or
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Public Utility District No. 3 of Mason County Pole Attachment License Agreement 10
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(b) 120 days from date Make-Ready Work is completed(in event Make- i
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 workfrom 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 elate 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 frilly 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.
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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 f
shall remove any of its Attachments or any part thereof that becomes
nonfunctional and no longer fit for service("Nonfunctional Attachment") as
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Public Utility District#3 of Mason County Pole attachment License Agreement 11
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provided in this Agreement and Applicable Standards.A Nonfunctional
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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
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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
0.1 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.
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(b) All such pre-existing Attachments shall comply with the terms of i
this Agreement.
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Public Utility District#3 of Mason County Pole 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 Overlashine. 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
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Public U614 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.);
(e) 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 j
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:
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Public Utility District#3 of Mason County Pole Attachment License Agreement 15 '
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(a) Within 120 days from Permit Issuance date (in event no Make-Ready Work is j
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
work from date Make-Ready work completed,plus 20 dgys 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.
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6.8 Notice of Correction. In the event that the District detennines corrections are I
required,the District shall provide written notice of required corrections. Licensee
shall complete required corrections within the earlier of sixty(60)calendar days i
of date of Notice of Correction,or sixty(60) calendar days from the date
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Public Utility District No.3 of Mason County Pole Aftachment License Agreement 16
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additional required Make-Ready Work is completed, or other mutually agreed
date which District will accommodate in good faith based on showing of need j
related to third party approvals pending(e.g.:permit approvals) or similar i
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
8.1 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 al l 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.
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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). AI I 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
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approved plan above, the District shall have the right to remove Licensee's
Attachments at Licensee's expense. I.
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
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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 Insaections.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 Inspection 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 j
following the effective date of this Agreement, and by April i of every fifth year
thereafter should this Agreement term be extended.
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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 Liabili . 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
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RELATING TO OR ARISING OUT OF THIS AGREEMENT, INCLUDING, i
WITHOUT LIMITATION,LOST PROFITS, EVEN IF ADVISED OF THE iI
POSSIBILITY OF SUCH DAMAGES,AND IRRESPECTIVE OF
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NEGLIGENCE OF A THE PARITY OR WHETHER SUCH DAMAGES
RESULT FROM A CLAIM ARISING UNDER TORT OR CONTRACT LAW i
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;
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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.
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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 Na 3 of Mason County Pole Attachment License Agreement 22
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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
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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.
1.3.5 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.t 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 i
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 j
respect to the condition or safety of its facilities separate from this Agreement
shall remain solely the obligation of the District.
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14.2 Knowledee 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.
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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 i
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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
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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 Oualification; Priority; Contractors'Coverase.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
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Licensee or its contractors or subcontractors hereunder shall contain provisions
(1) 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
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(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 Assi nment. 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.
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Article 18—Failure to Enforce
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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 j
Correction,,or Notice of Abandonment/Removal.
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19.2 Process for Termination of Aereement.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 tern 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 tern 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 II'
related to this Agreement, subject to applicable statutes of limitations. !
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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@masonpud3.org
If to Licensee,at:
Email:
With copy to:
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or to such other address as either party, from time to time,may give the other
party in writing.
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22.2 Provide 24-hour Emereencv 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 ie 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 Ig ply
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 etTect 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 i 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
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Article 27—Incorporation of t
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 Distract#3 of Mason County Pole Attachment License Agreement 33
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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:
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Public Utility District No, 3 of Mason County Pole Atfachment License Agreement 34
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DISTRICT
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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
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Public Utility District#3 of Mason County Pole Attachment License Agreement 35
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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
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MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Ross McDowell
DEPARTMENT: Parks &Trails EXT: 806
BRIEFING DATE: 12-02-2019
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
€Le al €Other — please explain
ITEM: Recommend reappointment Andrew Kinney for the Mason County Parks & Recreation
Advisory Board
EXECUTIVE SUMMARY: (If applicable, please include available options and potential
solutions):
Mason County BOCC appointed Andrew Kinney to the Mason County Parks & Recreation
Advisory Board on January 1, 2016 with his term expiring on December 31, 2019. Andrew
represented District 3 for Mason County. Andrew has been an active participant with the
board and regularly attends the meetings.
Andrew has requested reappointment to the Mason County Parks & Recreation Advisory
Board representing Mason County District 3. This would be for a three-year term (January 1,
2020 through December 31, 2022).
BUDGET IMPACT:
None
PUBLIC OUTREACH:(Include any legal requirements, direct notice, website, community
meetings, etc.)
N/A
RECOMMENDED OR REQUESTED ACTION:
Recommend the reappointment of Andrew Kinney to the Mason County Parks & Recreation
Board to represent District 3 for a three-year term (January 1, 2020 through December 31,
2022).
ATTACHMENTS:
N/A
Briefing Summary 11/25/2019
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Frank Pinter / Diane Sheesley
DEPARTMENT: Support Services / ER&R EXT: 747
BRIEFING DATE: December 2, 2019
PREVIOUS BRIEFING DATES:
If this is a follow-up briefing, please provide only new information
ITEM: Disposition of four vehicles purchased with Traffic Law Enforcement Diversion
Dollars
EXECUTIVE SUMMARY: In 2018 the General Fund purchased 4 Sheriffs vehicles
with Traffic Policing Dollars. In order to maintain Rural Arterial Trust Account (RATA)
funding for Mason County the purchase of those vehicles cannot be born entirely by
Road Fund diverted dollars because those vehicles are not 100% used for traffic
policing purposes.
After meeting with CRAB earlier this year, they informed us that the General Fund
would need to repay to Roads that component of the cost of the four vehicles that are
not eligible for Traffic Policing Diversion.
The attached analysis shows what RATA funds might be at risk if CRAB determines
that Traffic Policing Diversion dollars were spent on ineligible expenses. The exposure
is $1.5M might need to be repaid and the potential loss in funding already awarded.
Future awards would also be at risk for an additional $2.5M in grant revenue for a
total of$4M dollars.
Additionally we have attached what would need to be paid back, the depreciated
current value, if one of the four purchased vehicles (a K9 unit) were paid for by the
general fund. For additional security we show what the cost would be if both K9 units
were paid back out of the general fund. This would assure that if the K9 vehicles
dropped below the percentages allocated to traffic law enforcement that the Counties
RATA funds would still be safe.
BUDGET IMPACTS: There is budget authority within Non-Departmental for option 1
or option 2 as attached
RECOMMENDED OR REQUESTED ACTION:
Approve the purchase of at least one K9 vehicle.
ATTACHMENTS:
A. Current Rata Projects
B. 2018 Traffic Diversion Due back to County Road Options
Briefing Summary 11/26/2019
11/25/2019
Current RATA Projects
CRP Project Name Funding Grant$ Rec'd
1970 Matlock Brady $ 1,125,000.00 $ 1,125,000.00
1993 Shelton-Matlock Culvert $ 432,000.00 $ 4,517.00
1994 Highland Road Culvert $ 324,000.00 $ 324,000.00
1995 North Shore -Cady Creek $ 499,028.00 $ 6,535.00
2011 North Island Drive Culvert $ 500,000.00 $ 7,602.00
2020 Old Belfair Hywy $ 565,972.00 $ -
2021 North Shore Road - Great Bend Culvert $ 500,000.00 $ -
Potential Loss of Grant Revenue: $ 2,478,346.00
These projects will not be completed if the grant revenue is lost
Rata $'s that will need to be paid back from Road Fund: $ 1,467,654.00
Total Dollars At Risk: $ 3,946,000.00
2018 Traffic Diversion Due back to County Road Options
December 2,2019 BOCC Briefing Attachment B
Option 1 Option 2
Total 2018-4 vehicles paid out of the Sheriffs Budget $ 245,035.09 $ 245,035.09
Total 2018 of the 4 vehicles paid out of Traffic Funds $ 212,107.50 $ 212,107.50
2018 Chevy Tahoes Depreciation $ 24,342.39 $ 12,171.20
Chevy Tahoes 2018 depreciation charged to Traffic $ 12,779.76 $ 3,651.36
Ford Explorers charged to Traffic at 75% $ 83,646.49 $ 83,646.49
One Chevy Tahoe charged to Traffic at 75% $ 45,641.99
Total Allowable Traffic Policing Vehicles $ 96,426.24 $ 132,939.83
Total 2018 Traffic Policing Expenditures $ 2,180,456.05 $ 2,180,456.05
Remove uniform allowance-inelligible per CRAB $ (7,200.00) $ (7,200.00)
Remove 2018 amount paid from Traffic $ (212,107.50) $ (212,107.50)
Add back allowable portion of 2018 vehicles $ 96,426.24 $ 132,939.83
Total allowable Traffic Policing $ 2,057,574.79 $ 2,094,088.38
Total 2018 collected Traffic Diversion $ 2,160,000.00 $ 2,160,000.00
2018 Traffic Diversion due back to Roads $ 102,425.21 $ 65,911.62
Total Chevy Tahoe(s) paid for with General
Fund Dollars during 2018 Reconciliation:: $ 13,256.05 $ 13,256.05
Total Chevy Tahoe(s) paid for with General
Fund Dollars in 2019 for 2018: $ 102,425.21 $ 65,911.62
Total General Fund Dollars used to purchase
Tahoe(s) $ 115,681.26 $ 79,167.67
Option 1 - Buy out two Chevy Tahoes completely(using straightline depreciation over 5 yrs-no salvage value)
Option 2-Buy out one Chevy Tahoe completely(using straightline depreciation over 5 yrs-no salvage value)
K9 Equipment $ 11,794.48 Remove K9 Equipment-not traffic policing eligible per CRAB
Total cost for two Chevy Tahoes-Traffic $ 133,506.44 $ (11,794.48) $ 121,711.96
Total cost for two Ford Explorers-Patrol $ 111,528.65 $ 111,528.65'
$ 245,035.09 $ 233,240.61
C:\Users\Jb\AppData\Local\Microsoft\Windows\INetCache\IE\70YEXP4L\2018 Traffic Diversion Payback-l.xlsx
GREEN DIAMOND RESOURCE COMPANY
TEMPORARY ROAD USE AGREEMENT
WASHINGTON TIMBERLANDS
This TEMPORARY ROAD USE Agreement(the "Permit") is made by and
between GREEN DIAMOND RESOURCE COMPANY, a Washington corporation
(hereinafter"Green Diamond") and MASON COUNTY, a Washington County,by and
through its Emergency Services Division(hereinafter"Permittee").
1. GRANT OF PERMISSION AND PERMIT AREA
In consideration of Permittee's promises contained in this Permit, Green Diamond hereby
grants to Permittee the non-exclusive permission,pursuant to the terms and conditions
herein, for vehicular use of the existing Green Diamond roads located in Mason County,
Washington as more specifically identified in Exhibit A, attached hereto and incorporated
herein by this reference (the"Permit Area"). Permittee shall acquaint itself with and
confine the Activities (defined below)within the Permit Area boundaries.
2. PERMITTED USE
The Permit Area and any existing improvements in the Permit Area may be used by
Permittee and its invitees for the sole purpose of providing an emergency evacuation and
response route to invitees unable to leave or enter the upper Skokomish River valley
during any"Flood Event"that submerges Skokomish Valley Road(the"Activities").
Permittee shall bear the responsibility for the cost of the Activities including the
maintenance, removal, and(when permitted) installation of improvements in the Permit
Area necessary for providing an emergency evacuation route that meets the intent of the
agreed Activities. The access permitted hereunder shall extend only to Permittee, its
employees,agents, contractors, or invitees including members of the public involved in
the Activities, and they shall collectively be described herein as "Permittee."
3. PERMIT TERM
The term of this Permit shall commence on Jaattan4afwary 1, 20128November
2019, and shall expire on December 31 St,2OM2020 unless the Permit is earlier
terminated in accordance with the terms hereof. Subject to other termination rights
granted herein,this Permit will automatically renew on January 1St of each calendar year
for up to four(4) additional one(1)-year terms,provided that(i) Permittee complies with
all permit conditions ii) Permittee is not in.default on payments owed and overdue. to
Green Iaiamond for road maintenance Auld repair: and
Pr-9-�zf�1-hff+,--(4en-annualtend—nee p&y*+e+31 Rf)r- '-oad work f"L''qui.rcd as+esitilt$f
Per- tee's foad,asage iii)either party may provide the other party with written notice of
termination prior to and effective on the next annual Renewal Date.
4. RESERVATION OF RIGHTS
A. This Permit and Permittee's privileges hereunder are personal and shall not
be assigned, in whole or in part,without the express written consent of Green Diamond,
which may grant or deny such consent within its sole discretion.
B. Permittee will never assail or resist Green Diamond's title or claim any
interest or estate whatever in the Permit Area by virtue of this Permit or the exercise or
privileges given hereunder.
C. By acceptance of this Permit, Permittee acknowledges that the Permit Area
and Green Diamond's property surrounding the Permit Area are commercial timberland,
and Green Diamond manages its property for timber production including, but not limited
to,harvesting, slash burning, and herbicide application. Permittee shall exercise its
privileges under this Permit so as to avoid any interference with Green Diamond's use of
its own property as commercial timberland or with the exercise by other permittees of
privileges that Green Diamond may give them in the Permit Area. Permittee further
agrees that Permittee will not object to any lawfully conducted timber harvesting,
management activities and/or development of property carried out by Green Diamond or
its agents, other permittees, lessees, contractors, successors, or assigns.
D. The privileges granted herein to Permittee are given expressly subject to
existing encumbrances,regulatory requirements, and other matters of record affecting the
privileges in any manner whatsoever. Green Diamond does not warrant that it has
authority to permit the Activities on behalf of any third party and Permittee shall secure
all other permits,privileges or rights required for the lawful conduct of the Activities.
Green Diamond does not warrant title to the Permit Area and shall not be liable for
defects thereto or failure thereof.
E. Green Diamond makes no representation as to the present or future conditions
of the Permit Area and its fitness for the Activities under this Permit. Permittee accepts
this Permit subject to all danger or injury to persons and damages or destruction to
property while Permittee is on or about the Permit Area.
F. Green Diamond reserves the right to enter and inspect the Permit Area at any
time.
G. Prior to each Flood Event for the Skokomish River, as designated by the National
Oceanic and Atmospheric Administration(NOAA)the Permittee may open the gates to
the Permit Area to facilitate the Permitted Activities. If the gates are opened by the
Permittee the Permittee shall contact any of the following Green Diamond
representatives:
Matt Nixon 360-470-3177
Robert Lewis 360-589-7084
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Eric Schallon 360-463-7071
and shall obtain his/her concurrence that Permittee's use of the Permit Area on that day
will not adversely affect Green Diamond operations.Notwithstanding the concurrence of
Green Diamond for use of the Permit Area on any day, Permittee acknowledges that its
use is not exclusive, and that others are entitled to use the road(s)described hereunder,
including use for hauling operations.. Permittee agrees to cooperate and coordinate with
Green Diamond and Green Diamond's contractors,timber purchasers and other users of
Green Diamond's roads in the Permit Area
H. Green Diamond retains ownership of all merchantable and pre-merchantable
timber on the Permit Area.No timber or vegetation of any age shall be cut by Permittee,
except for the clearing of downed trees or vegetation blocking the emergency usage of
the road. If downed trees or vegetation must be cut from the road to accommodate the
Activities, Permittee shall strive to provide Green Diamond with advance notice of at
least 24 hours or as much advance notice as may be possible under the circumstances.
5. COMPENSATION
Green Diamond and Permittee agree that the exchange of access privileges and valuable
promises is adequate consideration for this Agreement.
6. CONDITIONS FOR USE OF THE PERMIT AREA
A. Permittee shall carry on all Activities in a prudent and safe manner in
accordance with the highest standards and practices for emergency management.
Permittee shall maintain the Permit Area in an orderly, clean and sanitary manner as
required by Green Diamond. Permittee shall carry on all Activities in the Permit Area in a
careful manner and shall comply, at Permittee's expense,with all laws,regulations and
permits of any municipal, state, or federal authority that are applicable to the Activities.
Permittee's agreement to comply shall include any programmatic or generally applicable
local, state or federal government regulatory permits held by Green Diamond and
applicable to the Permit Area. Permittee acknowledges the fact that the permitted uses
may be suspended at any time that the permitted uses violate said laws,regulations and
permits of any municipal, state, or federal authority that are applicable to the Activities..-
Green Diamond reserves the right to require Permittee to take affirmative steps to review
and comply with permits noticed by Green Diamond and to promptly comply when
Green Diamond requests specific action to conform the Activities with the requirements
of a permit noticed to Permittee.
B. Permittee shall keep the Permit Area free from any liens or encumbrances
arising out of any work performed by Permittee, materials furnished by Permittee, or
obligations incurred by Permittee. Green Diamond shall have the right to pay and
discharge any lien imposed against Green Diamond's property due to Permittee's breach
of the aforesaid covenant.
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C. Permittee shall promptly report to Green Diamond any violations of any laws,
regulations, or permits relating to the Activities of which Permittee has knowledge and
shall promptly send to Green Diamond a copy of any notice of violation received by
Permittee that relates to the Activities. A copy of all citations or other written documents
Permittee receives from any agency shall accompany the notice of violation.
D. Permittee shall take reasonable care to prevent wildfires from igniting on or
spreading onto the Permit Area as a result of the Activities. If a wildfire should occur on
or near the Permit Area during its use for the Activities, Permittee shall immediately
notify Green Diamond and appropriate government agencies and shall make any on-site
equipment available to help suppress or contain the fire. Permittee shall comply with all
fire prevention and suppression measures that Green Diamond may specify from time to
time relating to Permittee's use of the Permit Area. Permittee shall comply with all
applicable state fire safety standards.
E. Any labor, equipment,materials and supplies needed to complete any road
construction or reconstruction necessary for Permittee to conduct agreed Activities
pursuant to this Permit shall be performed by Green Diamond. Permittee will reimburse
Green Diamond for that share of the costs of such work expended specifically to the
benefit of Permittee in order to preserve Permittee's ability to use Permit Area for agreed
Activities.
F. Permittee shall pay Green Diamond for any damage to Green Diamond's roads
and gates when such damage is caused by Permittee's use of the Permit Area. At the
completion of each wet weather season(October 1 —April 30)Permittee shall assess the
condition of the Permit Area in order to determine if there were any damages caused by
the Activities and submit a written assessment of materials and repairs required to return
the Permit Area to pre-Activity condition. Upon receipt of the written assessment Green
Diamond will schedule and perform the work and invoice the Permittee for payment on a
Net 30 basis. In the event that both Permittee and Green Diamond are using the Permit
Area road(s)for the Activities and for hauling at the same time,then during that period
Permittee and Green Diamond shall discuss and agree to an appropriate share of the
maintenance costs incurred by Green Diamond for Permittees benefit during the period of
use for the Activities. Green Diamond will schedule and perform the maintenance work
and invoice the Permittee for payment of the agreed share of the costs on a Net 30 basis.
I. Unless otherwise permitted herein, the Activities shall be confined to normal
business hours.
J. Permittee shall obey speed limit and traffic signs. The maximum permitted
speed shall be 25 miles per hour.
K. Locked gates designated#1 and#2 at each end of the Permit Area(as
illustrated on attached Exhibit A) are the property of Green Diamond. Permittee will be
allowed to install a lock owned by the Permittee on each of the gates. It shall be the
responsibility of the Permittee to both open the gates immediately prior to a Flood Event
as designated by NOAA, and to close the gates as soon as the Skokomish Valley Road is
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passable after the Flood Event has concluded and the use of an alternative access route is
no longer needed. Failure by Permittee to open and close gates as described above will be
cause for termination of this Permit. Permittee shall maintain directional signage at the
lockable gates at each end of the Permit Area as specified in attached Exhibit A
informing the affected public when the Permit Area is open for Activities during a Flood
Event. The signage shall be adjustable flap signs that can be easily and quickly revealed
during Flood Events and promptly hidden when a Flood Event has passed. Permittee
shall keep gates closed and locked unless otherwise instructed by a Green Diamond
representative.
L. Permittee shall not dump, deposit, or place any of the materials being hauled
on the Permit Area or any other property of Green Diamond.
M. Permittee shall obtain prior written permission from Green Diamond's
authorized representative before gating, obstructing, or storing equipment on the Permit
Area, and before causing or allowing any dirt, mud or other materials to be placed on or
graded over any roads owned by Green Diamond.
7. Intentionally Omitted
8. INDEMNITY
A. Permittee shall,to the fullest extent permitted by law, indemnify, defend, and
hold harmless Green Diamond and its agents, contractors, successors, or assigns from and
against any and all liability for damages, costs, losses, and expenses resulting from or
arising out of negligence or greater fault connected with the occupation or use of the
Permit Area by Permittee or anyone else entering the Permit Area at Permittee's direction
or invitation, or the failure on the part of Permittee to perform fully its promises
contained herein. This indemnity obligation shall apply whether such liability is caused
by or contributed to by Green Diamond or any other party indemnified herein,unless
caused by the sole active negligence or willful misconduct of Green Diamond.
B. In any and all claims against Green Diamond by any employee of Permittee,
any contractor, anyone directly or indirectly employed by any of them, or anyone for
whose acts any of them may be liable, Permittee's indemnification obligation shall not be
limited in any way by any limitation on the amount or type of damage, compensation, or
benefits payable by or for Permittee or any contractor under any industrial insurance act,
workers' compensation act,disability benefit act, or other employee benefit act.
9. HAZARDOUS MATERIALS
In the event of a spill or release of Hazardous Materials in the Permit Area arising from
the Activities, Permittee shall promptly comply with all federal, state, and local spill
notification and response requirements and shall notify Green Diamond of the spill event.
Permittee shall be responsible for the response and restoration costs of any release of
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Hazardous Materials in connection with the Permit, and shall indemnify, defend, and
hold harmless Green Diamond from any liability arising from claims or damages in
connection with such release. "Hazardous Materials" shall mean any pollutant,
contaminant, chemical, or hazardous, toxic or dangerous waste, substance, chemical, or
material, or any other substance or material regulated or controlled pursuant to any
environmental laws now or at any time hereafter in effect.
10. INSURANCE
County to provide suggested
Need lanaua2e for the county to indemnify GDRCalsGtl
Atall ll tinaes dt€rin,<-, the term €fthis ` oreein nt. f.ic�nsee sha��rociir:e° and €naintain. at its:
cavvn expense. all ofthe followint7 coveraf-,c and in the ainotints descri cd belo��;:
(i) ` k—)rker•s' Cottlpensatic)n ltisuratsice coveritl,'Z clattzls u€t(let•vvc)rke€•:;' coiiipe-tisation
(industrial insurance). ciisabilitv benefit and other similar eniplo,ee benetit acts
\ hich_are applicable tc�,_Perniittee's _1c ivity on the Prop tt�.,.in the Strata, cif•
Wash€ngtoWs statutory aniognt.
'ii:.)C'omi nerd_ l utc niobil:e .Lia at.lity Al ) €ns'U anct.._sh all..._bt_€naintained k�'iilk
rnininnini limits(}I'$1.000.000 peraccident. C'<'11_, insurance shall €nchi&
covcra�-,e 17or ani or hirezl vehicle ivritteti tett all
insurance inckistry standard t'o ni (GA 00 01) or egt€ix-ale.nt.
(iii) V at4,Jii �to-t C oLinties 1�isk 1n(—,1J(>irtt_"i,€It�-Ii su€aunt€ l_iatb liy, Progratrn r s sacra t
liabiliti% shall be inaintained N ith litttits ofliability,each ocegrence
bodi v iniury: and property dania�=e Lonibined o[*S10,000,000.
(H(iy) Green Diamond Resource Company shall be named as an additional insured
udder coverage provided for in paragr&
ihs 10 (ii) and 10 (iii).
11. TERMINATION
15. A. Subject to notice from Green Diamond to Permittee and a fifteen(15)-day
opportunity for Permittee to cure, Green Diamond shall have the right to
terminate this Permit at any time in the event of Permittee's breach or default in
the performance of its obligations hereunder. Such termination may occur even
though Permittee may have expended time and money on the Activities.
15. --B—. —Whether by expiration or earlier termination or surrender of this Permit,
Permittee shall, at Permittee's cost, restore the Permit Area to the conditions
that existed before the Permit. Permittee shall remove all personal property,
fixtures and improvements from the Permit Area, and if Permittee fails to do
so, Green Diamond shall have the right to make such removal at Permittee's
expense, the amount of which Permittee shall pay to Green Diamond on
demand, and if Green Diamond so elects, it shall have the right to take
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possession of and appropriate to itself without payment therefore any property
of Permittee, or anyone claiming under Permittee,then remaining on the Permit
Area. Green Diamond may, by written notice to Permittee within fifteen(15)
days after termination or expiration of this Permit, elect to waive removal
requirements and retain fixtures, improvements or conditions created during the
term of this Permit.
12. NOTICE
Any notice required or permitted to be delivered hereunder shall be in writing and shall
be deemed given and received when personally delivered or three (3) days after deposit in
the United States Mail,postage prepaid, Certified or Registered Mail,Return Receipt
requested, addressed to Permittee or Green Diamond, as the case may be, to the following
address:
f to PermitteeiSG2] If to Green Diamond:
Green Diamond Resource Company
Attn: Attn: Eric Schallon
215 North Third Street
Shelton, WA 98542
Ph: Ph: 360-427-4715
13. INTERPRETATION
A. This Permit shall be governed by and construed in accordance with the laws of
the State of Washington, without regard to the conflicts of law principles of such state.
B. A party's waiver of any right hereunder or of any other party's breach or
failure to perform shall not be deemed a waiver of any other right hereunder or of any
other breach or failure by the other party, whether of a similar nature or otherwise.
C. If any term or condition of this Permit is found unenforceable,the remaining
terms and conditions will remain binding upon the parties as though said unenforceable
provision were not contained herein.
D. Terms and conditions of this Permit which, by their sense and context, survive
the termination, cancellation, or expiration of this Permit, including,but not limited to,
Permittee's obligations under Sections 8, 9, 10 and 14, shall so survive.
E. This Permit constitutes the entire agreement of the parties with respect to the
matters described herein and supersedes all prior written or oral negotiations or
agreements with respect thereto. Each party to this Permit acknowledges that no
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representations, inducements,promises, or agreements, orally or otherwise,have been
made by either parry, or anyone acting on behalf of either parry, which are not embodied
herein, and that no other agreement, statement or promise not contained in this Permit
shall be valid or binding. Any modification of this Permit will be effective only if it is in
writing signed by both parties, and the amended Permit remains subject to the
enforcement provisions of this Permit.
F. This Permit shall bind and inure to the benefit of the successors,personal
representatives, and permitted assignees of the respective parties.
G. Each of the parties hereto has been or has had the opportunity to be
represented,to the extent desired,by legal counsel of its choice in respect to this
transaction.No provision of this Permit shall be construed against one parry as the drafter
of the Permit for that provision.
14. ENFORCEMENT
A. If an action is instituted to enforce any of the terms, covenants, conditions or
agreements contained in this Permit or if an action is commenced because of any breach
hereof,then the prevailing party in such action shall be entitled to all of its costs and
reasonable attorneys' fees as fixed by the trial and appellate courts in said action.
B. Permittee and Green Diamond hereby expressly and irrevocably waive all right
to a trial by jury in any action,proceeding, claim, counterclaim or other litigation arising
out of or relating to the Permit or any of the activities or events referenced in this Permit.
15. EXECUTION
A. Unless otherwise provided herein,this Permit shall be effective on the last date
of execution by the undersigned parties. This Permit shall not be binding upon either
Party until approved and signed by each Party.
B. Each of the undersigned represents that they have sufficient authority to
execute this binding Permit on behalf of the party they represent.
C. This Permit may be executed in one or more counterparts, and may transmit
counterpart pages by facsimile or electronic .pdf copies or otherwise, each of which shall
be deemed an original and all of which counterparts together shall constitute the same
instrument,which may be sufficiently evidenced by one counterpart.
8
IN WITNESS WHEREOF the parties hereto have caused this instrument to be executed
as below subscribed.
THE TERMS OF THIS PERMIT ARE HEREBY ACCEPTED.
MASON COUNTY GREEN DIAMOND
RESOURCE COMPANY
By: By:
Print Name: Print Name:
Title: Title:
Date: Date:
9
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10
December 3,2019
Mason County Elected Official
Re: New Opportunity to Serve on Mason Transit Authority(MTA)Board
As the Mason County Commissioner representing District No. 3,I am inviting you
to consider serving on the MTA Board as a representative of your district and
citizens that reside in your area.
The Mason Transit Authority Board is composed of five members,together with
the three Mason County Commissioners and one City of Shelton Council member.
The five members must be elected officials and serve four-year terms. The Mason
County Commissioners select these five members with the goal of seeking equal
voting representation among the County Commission districts.
MTA has demonstrated its fiscal responsibility and has a stable workforce,as well
as acting on recommendations following an overall service review to better serve
its citizens of Mason County. Mason Transit,after receiving federal and state
grants, is also replacing its aging fleet, as well as using new bus technology.These
are exciting times for the citizens of Mason County,both now and in the future.
The MTA Board typically meets the third Tuesday of the month.Your assistance
in providing leadership and direction regarding transit in Mason County would be
greatly appreciated.
Please consider submitting an on-line application to serve on the MTA Board.As
the term of one current Board member is ending soon,we would appreciate
receiving your application no later than December 20,2019 so that we may begin
the selection process.The fillable application can be found at the following
location on the Mason County website:
http:/hvwtiv.co.mason.wa.us/forms!advisory/Advisoiyboardapp.adf
For additional information please go to
http://www.masontransit.orv,'authoriiyboardoverview/
If you have any question,please do not hesitate to call me at(360)427-9670,ext.
419. Thank you for your consideration of my request.
Sincerely,
Commissioner Sharon Trask
District No.3
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: David Windom
DEPARTMENT: MCCS EXT: 260
BRIEFING DATE: Dec 2, 2019
PREVIOUS BRIEFING DATES:
If this is a follow-up briefing, please provide only new information N/A
INTERNAL REVIEW (please check all that apply): 11 Budget/Finance Human Resources
X Legal X Other — please explain Risk Management
ITEM: Interlocal Agreement for Fire Investigation
EXECUTIVE SUMMARY: (If applicable, please include available options and potential
solutions):
Mason County and the Mason County Fire Chiefs Association enter into an
agreement for the delivery of fire investigative services.
BUDGET IMPACT: As much as $79,000. Usual expense less than $30,000 per
yea r.
PUBLIC OUTREACH:(Include any legal requirements, direct notice, website, community
meetings, etc.) N/A
RECOMMENDED OR REQUESTED ACTION:
Sign and return contract
ATTACHMENTS:
Agreement enclosed
Briefing Summary 11/26/2019
Return recorded document to:
Mason County Community Development
426 W.Cedar, Shelton,WA 98584
INTERLOCAL AGREEMENT FOR FIRE INVESTIGATION SERVICES
BETWEEN MASON COUNTY AND MASON COUNTY FIRE CHIEFS ASSOCIATION
i. Parties. THIS AGREEMENT is entered into by Mason County("County")and Mason
County Fire Chiefs'Association ("Association") under the authority of the Interlocal
Cooperation Act, RCW Chapter 39.34
2. Recitals. Whereas, the County and the Association have determined that it is in the best
interest of the County and its citizens to work together in establishing an agreement to
provide fire investigation services by the Association for the County.
3. Authority. Chapter 39.34 RCW permits local governmental units to make official use of
their powers enabling them to cooperate with other localities on the basis of mutual
advantage.
4. Duration. This agreement shall be in effect upon signature endorsement and shall
terminate no later than December 31, 202i, unless mutually agreed upon by both parties to
extend this agreement.
5. Compensation. The County shall pay the Association for services the maximum amount of
$79,000.00 per year($i58,000 total for Contract), as identified on Exhibit A without prior
written approval of the County. Fees for Services will be based on hours and expenses as
shown on Exhibit A.
6. Payment. Within 3o-days from receipt of a bill from the Association,the County will
reimburse the Association for actual costs incurred.
7. Purpose. To establish a joint agreement for providing fire investigation services within the
boundaries of Mason County.
8. Scope of Work.
8.i Investigation of origin, cause, circumstances and extent of loss from fire whether
of civil or criminal nature.
8.2 To ensure cooperation among the local Fire Districts,the State Fire Marshal and all
state and County law enforcement and regulatory personnel.
9. Criteria for Investigation. One or more of the following must be present to require the
services of a Tier III investigator:
9.1 Loss of life or serious injury(civilian or fire personnel)
9.2 Serial arson activity
9.3 Suspicious or negligent activity, odor of flammable liquids, multiple fire locations,
evidence of forcible entry.
9.4 All structure fires that appear to exceed the threshold of$so,000 as determined by
the call out procedure (attached)the Incident Commander(IC)or Commanding
Officer(CO) of the local fire district.
9.5 All fires within the county are required to be investigated. If the fire is determined
to be below the level of Tier III callout criteria. Tier II Investigator can perform the
investigation if they have received the 4o hour basic investigator training.
9.6 Request for immediate response shall be handled via page by the dispatch center
upon request by the IC or CO.
10. Hold Harmless. Each party shall hold harmless and indemnify the other party, its officers,
officials, employees and agents, from and against any and all claims, actions, suits, liability,
loss, expenses, damages, and judgments of any nature whatsoever, including costs and
attorneys fees in defense thereof, for injury, sickness, disability or death to persons or
damage to property or business, caused by or arising out of the negligence of each party's
employees, agents and volunteers. Provided, however,the Association's obligation
hereunder shall not extend to injury, sickness, death or damage caused by or arising out of
the sole negligence of the County, its officers, officials, employees or agents. In the event
of concurrent negligence of the parties,the Association's obligations hereunder shall apply
only to the percentage of fault attributable to their employees, agents and volunteers.
11. Administration. No separate legal or administrative entity is created by this Agreement.
The Mason County Fire Chiefs Association and the Mason County Department of
Community Services shall jointly administer this Agreement.
12. Termination. The parties may terminate this Agreement as follows:
so.i For Cause. Either party may terminate this Agreement for a material breach
thereof by the other party. Fifteen days written notice to the other party is
required stating the intent to terminate for cause.The breaching party will be
given the opportunity to cure its breach and if completed during the fifteen-day
period the Agreement shall not terminate.
10.2 For Convenience. Either party may terminate this Agreement without cause at
any time providing a thirty-day written notice of such termination is submitted
in advance.
11 Insurance. Each party shall independently acquire and maintain sufficient insurance
coverage for all its respective operations,facilities, equipment and personnel.
12 Notices. Any notices to be given under this Agreement shall be delivered in person or
mailed to the parties at the following addresses:
11.1 County. Mason County Community Services
P.O. Box 279
Shelton, WA. 98584
11.2 Association. Mason County Fire Chiefs Association
P.O. Box 1822
Shelton, WA 98584
13 Severability. If any provision of this agreement or its application is held invalid,then the
remainder of the agreement or the application of the remainder of the agreement shall
not be affected and shall remain in full force.
MCFCA ILA 2018-2019 11/26/2019
14 Waiver. No waiver of any provision of this agreement shall be valid unless it is in writing
and signed by the person or party whom charged.
15 Third Party Rights. This Agreement shall not create any third party rights by any party
that has not signed this Agreement.
16 Modification. This Agreement represents the entire agreement by both parties and shall
not be modified, terminated or waived by either party without authorized written approval
by representatives of both parties.
17 Benefits. This Agreement is entered into for the benefit of both parties to provide fire
investigation services for all of Mason County during the duration of this agreement.
Dated this day of . 2019
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY,WASHINGTON
ATTEST:
Randy Neatherlin, Commissioner
Melissa Drewry, Clerk of the Board
APPROVED AS TO FORM: Kevin Shutty, Commissioner
Tim Whitehead, Deputy Prosecutor Sharon Trask, Commissioner
MASON COUNTY FIRE CHIEFS ASSOCIATION
Beau Bakken, President Brandon Searles, Vice-President
Bob Burbridge, Secretary Nadine Brown,Treasurer
MCFCA ILA 2018-2019 11/26/2o1g
Exhibit A
Fire Investigation 202o/2o21 Budget
Tier I training $5oo.00/yr.
Tier I training; 8 hour"Protecting evidence for fire cause and determination".
Tier II training $6,000.00/yr.
Tier 11 training, 4o hour basic investigation,vehicle fire investigations, courtroom testimony.
Tier III training $3.2,000.00/yr.
1. Annual Conference for Tier III investigators—Certified Fire
Investigator. Advanced or refresher training.
2. Succession training,Tier II continued education to work on a Tier III
Certification.General education, scene examination,
documentation, evidence collection, interview techniques, post-
incident investigation and presentation.(NFPA 1033)and (NFPA
921)
Tier III Stand-By Pay $3000.00/yr.
$30 per day for loo days of on call stand-by pay.
Supplies/Uniforms $4000.00/yr.
Supplies for the actual investigations, uniforms/PPE for the tier 3
investigators
Tier II Kits $55oo.00/yr.
(Small tools, equipment, PPE for the tier 2 investigators)
Tier III Initial Kits
(Initial equipment for new CFI's. Replacement of equipment as needed). $6000.00/yr.
Investigator labor
Tier III—Lead Certified Investigator $125.00 per hour
Tier II— Secondary Certified Investigator $65.00 per hour
$125 per hour project 40 fire investigations $30,000.00/yr.
$6o per hour project 20 fire investigations $12,000.00/yr.
Projected total to investigate 6o fires is $42,000.00/yr.
Total Annual Budget $79,000.00/yr
Total 2020/2021 Budget $i58,000.00
MCFCA ILA 2018-2019 11/26/2019
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Michael MacSems
DEPARTMENT: DCD EXT: 571
BRIEFING DATE: December 2, 2019
ITEM: Briefing for announcement of the 2020 Mason County Heritage Grant cycle on
12/2/19.
EXECUTIVE SUMMARY: (If applicable, please include available options and
potential solutions)
RCW 36.22.170 created a surcharge on documents recorded with the County Auditor,
one dollar of which is dedicated for County historic preservation purposes.
The Mason County Historic Preservation Commission wishes to channel some of these
funds to organizations engaged in the collection, preservation and interpretation of
Mason County's heritage. In pursuit of that goal, the Mason County established a
Heritage Grant program in 2011 that now provides reimbursement grants for up to
$500 for qualified projects and applicants. This is a reimbursement grant, so no public
money is spent until contracted grant work is complete.
January 2020 marks the County's 17th Heritage Grant cycle and now is the time to get
the word out to the public.
Budget Impacts: The MCHPC has budgeted $500 for the Heritage Grant program for
FY 2020. It is possible that the cost of this grant cycle could exceed $500 if money
can be redirected from under used line items in the Historic Preservation budget.
RECOMMENDED OR REQUESTED ACTION:
Staff reads the attached News Release at the December 2nd 2019 BOCC meeting.
Attachments: New Release
Briefing Item Summary Form New Release.doc
NEWS RELEASE
December 10, 2019
MASON COUNTY COMMISSIONERS
411 NORTH 5T" ST
SHELTON, WA 98584
(360) 427-9670 EXT. 419
TO: KMAS, KRXY, SHELTON-MASON COUNTY JOURNAL, THE
OLYMPIAN, SHELTON CHAMBER OF COMMERCE, NORTH MASON
CHAMBER OF COMMERCE, CITY OF SHELTON, ECONOMIC
DEVELOPMENT COUNCIL, THE SUN
RE: Mason County Heritage Grant Cycle
The Mason County Commissioners and the Mason County Historic Preservation
Commission are pleased to announce that applications are being accepted for the 2020
annual Mason County Heritage Grant cycle.
On behalf of the Board of County Commissioners, the Mason County Historic
Preservation Commission administers the Mason County Heritage Grant Program to
assist projects that promote the public's access to County history. The program is
funded with a portion of document recording fees collected by the Mason County
Auditor. The allocation of these fees for projects that "promote historical preservation or
historical programs, which may include preservation of historic documents" is authorized
under RCW 36.22.170. The revenues accrue to a dedicated fund and may not be used
for any purpose other than those stipulated in the statute.
Grants in amounts up to $500 may be awarded to qualified organizations for
professional development, public education, small capital projects, collections
management, heritage investigations and historic preservation. This is a reimbursement
grant. It is very important that organizations considering application for this grant read
the grant guidelines and other details on the Mason County website:
http://www.co.mason.wa.us/forms/historic/grant_guidelines.pdf
Grant applications are available on The Mason County website:
http://www.co.mason.wa.us/forms/historic/heritage-grant-application.pdf
Proposals can be mailed to the Mason County Historic Preservation Commission, 615 W
Alder Street, Shelton, WA. Applications may also be hand delivered to 615 W Alder
Street, Shelton, WA 98584. All applications need to be received no later than 12:00 PM
January 17, 2020.
Questions should be directed Michael MacSems at 427-9670 ext. 571.
BOARD OF MASON COUNTY COMMISSIONERS
Kevin Shutty Randy Neatherlin Sharon Trask
Chair Commissioner Commissioner
MASON COUNTY PUBLIC WORKS—COMMISSIONER BRIEFING
NOVEMBER 18,2019
Briefing Items
1. Implementing Solid Waste Flow Control—Set Hearing for December 17, 2019
at 9:15am and enter into an ILA with Kitsap County. Going to re-brief
Discussion Items
• US Navy Seismic upgrades on the Mason Lake railroad overpass—Traffic Utility and
Outreach Impacts Contractor(Ceccanti, Inc.) attending
• Road Functional Class Revisions
Commissioner Follow-Up Items
Upcoming Calendar/Action Items
Attendees:
Commissioners: Public Works: Other Dept. Staff.: Public:
Randy Neatherlin Diane Sheesley Diane Zoren Ceccanti,Inc.
Kevin Shutty Loretta Swanson
Sharon Trask Robert Dickinson
Cyndi Ticknor
Allan Eaton
NEWS RELEASE
December 10, 2019
MASON COUNTY COMMISSIONERS
411 NORTH 5T" ST
SHELTON, WA 98584
(360) 427-9670 EXT. 419
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: Free Christmas Tree Recycling
Mason County announces free Christmas tree recycling available at the following
locations starting December 26tH to January 12tH.
• Shelton Transfer Station located at 501 West Eells Hill Road in Shelton,
business hours are Monday through Saturday from 8:00am to 4:45pm
• Belfair Solid Waste Drop Off Facility located at 2001 NE Sand Hill Road in
Belfair, business hours are Tuesday through Saturday from 9 am to 4pm
Customers of Mason County Garbage and Recycling curbside service can cut up
their trees and stick them in their cart as part of their regular pickup.
Please note that all trees dropped off for free recycling at County facilities must be
free of tinsel, decorations, and flocking. Wreaths and garlands will not be accepted
for free recycling since these items contain wires and can therefore not be
recycled.
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: 12/2/2019
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 $117,000 based on the last ten and a half
month's expenses.
The Sheriff's Office has, like many offices in the county, experienced funding
cutbacks resulting in technical deficits particularly in computers. These deficits
can be made up, in part, with current funding.
County IT has funding to replace three desktops and six laptops purchased in
2011 or before. The Sheriff's Office has used its discretionary move of$50,000 to
order 14 laptops, power inverters, mounts, and software for the patrol vehicles.
This leaves six patrol laptops and 29 desktops still needed to replace computers
originally purchased between 2012 and 2014.
BUDGET IMPACTS:
None. These would be transfers within the Sheriff's Office currently allocated
budget authority.
RECOMMENDED OR REQUESTED ACTION:
Allow a transfer of$40,000 from Wages and Benefits to operations in order to
purchase outdated computers.
ATTACHMENTS:
Quotes for laptops and desktops
Briefing Summary 11/26/2019
Mason Co SO 23 units 11-17-19
111PNC ,7Tf,
E D
Mason County Sheriff
Bob Stein Erik Heilman
364 Upland Drive, Seattle, NN'A 98188
206/909-5272 cell: 206/575-1470 Office
Fed TAX ID 91-0930538
Email Po To; bstein(cDdatecinc.net
Fax PO To Email Only Please
19KI7901
11/17/19
Net 30 Days
9930Days
Part Number Description Qty Unit Price Ext. Price
CF-54J2-06VM Public Sector Specific-Elite RFID,WinIO 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-SVCI.,TNF3X"R-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 Taxj $ 6,572.71
Total $83,898.71
Page 1 of 1
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 Hailey 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,
Hailey 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
Pagel 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. US.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 MILK $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®CoreT1"i5-9500(6 Cores/9MB/6T/3.OGHz 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-BBSC - 29 -
No Integrated Stand option 575-BBBI - 29 -
SupportAssist 525-BBGL - 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 LI'.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 -
oty Subtotal
Dell 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-P241 9H 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 Deis Marketing LP. U.S.only.Dell Marketing LIP. is located at One Dell Way, Mail Stop 8129, Round Ruck,TX 78682
Estimated Tax: $3,958.21
Total: $48,937.79
Page 5 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
Supplier's 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:liwww.dell.com/terms or www.dell.com/oemterms);and(b)the terms
referenced herein(collectively,the"Governing 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.com/servicerontracts/global or for certain infrastructure products at
www.dellemc.com/en-us/customer-services/product-warranty-and-service-descriptions.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
2019-2020 COMMUNITY AND ECONOMIC DEVELOPMENT STRATEGIES PROJECT LIST -E-'o�
Lead Organization Partnerships Project Title Project Type Total Cost Secured Funding Funding Funding From State, Pha,
Request Federal,Other
Mason County PW Mason County,City of Bremerton Belfair Sewer,North Extension/Belfair Freight Corridor/ Utilities,Economic Development $14,000,000 $1,000,000 City of $2,250,000 State Final
1 PSIC Bremerton,$250,000 construction
Mason County,
$10,525,000 Leg.
2 Mason County PW PAC Use,
Mason Transit,Belfair Community,Utilities, SR3 Freight Corridor-Romance Hill Connector Utilities,Transportation,Public safety,Land $1,320,000 $ 220,000.00 $ 1,100,000.00 State DesiE
Use,Economic Development
3 Mason County PW DOT,Navy,Mason Transit,Belfair community, Belfair UGA east of SR3 and west of new Freight Corridor utilities,Transportation,Public safety,Land $1,920,000 $ 320,000.00 $ 1,600,000.00 State Desi(
Utilities,PAC
Use,Economic Development
4 Mason County PW DOT,Mason Transit,Utilities Trails Road Alternative-Razor Road Extension Utilities,Transportation,Public Safety,Land $2,500,000
$ 750,000.00 $ 1,750,000.00 State Desi€
Use,Economic Development
Mason County PUD No.3 Hoods Canal Communications,iFiberone,NoaNet, Mason County Fiberhoods-Rural Broadband Fiber Networks Utilities,Public Safety,Healthcare,Economic $5,279,044 $TBD-Mason PUD 3 State Desi€
$ businesses,residents,community groups within Development
project areas Fiberhood Program
Mason County PUD No.3 Taylor shellfish,Squaxin Island Tribe,businesses, Totten Substation Utilities,Economic Development $3,000,000 $TBD-Mason PUD 3 Federal DesiE
6 residents
Fiberhood Program
7 City of Shelton Evergreen Safe Routes to School Transportation $1,000,000
$ Federal 2023-2024 DesiE
8 City of Shelton Squaxin Island Tribe Sanitation Plant Reclaim Water Tank Utilities $2,000,000
$ State:DOE DesiE
City of Shelton Intersection Improvements on Wallace Kneeland Boulevard Transportation,Economic Development $2,000,000
g $650,000 $ 1,350,000.00 State DesiE
Mason Transit Authority WSDOT Transportation Division,Mason County, park&Ride Development Transportation,Utilities,Land use,Economic $10,285,000 $4,750,000 RMG Complete-renew State Planr
10 City of Shelton SCJ Alliance(consulting) Development,Public safety,Environmental $4,585,000 Leg. efforts annual
City of Shelton Evergreen Town Square community Development $1,500,000 $ Desig
r4,.� f 9hpitAn An....`Nen County HiSt lFiGaI lie...
� S COMPLETED
_ r. V- ShPItRR ClVir P--eRt.,.PaFking Let n TfansPexatIGH COMPLETED 6eEg
City of Shelton Well 1 Water Main utilities $2,000,000 $ Desig
Mason County PW DOT,Port of Allyn,Mason Transit,Allyn Allyn Parking Improvements Utilities,Transportation,Land Use,Economic TBD $ Plann
Community Development
Mason County PW DOT,Port of Allyn,Mason Transit,Allyn Allyn Street Network Planning,Design,and ROW Utilities,Transportation,Land Use,Economic $25,000 $ Plann
Community Preservation Development
Mason County PW Port of Allyn,Mason Transit,Allyn Community Allyn Street Network ROW Preservation Utilities,Transportation,Land Use,Economic $300,000 $ - Desig
Development
8elfalF o,,..ass roan F Feasihill% an,P.hlle r.fpty':an - $38-800 $ COMPLETED W2RR
Utilities,PAF Use, —_DpvelepmeAt
Mason County PW Belfair Sewer Collection System Expansion utilities TBD $ Plann
Mason County PW Rustlewood Sewer System Inflow&Infiltration(I&I) utilities $450,000 $ Desigi
Reduction
Mason County PW DOT,Port of Allyn,Mason Transit,Allyn SR3 Complete Street Improvements and Intersection Control utilities,Transportation,Land Use,Economic TBD
$ Planni
Community Analysis(ICA) Development
Mason Transit Authority WSDOT,Mason County Allyn Transit Center Planning project Transportation $50,000
$ Planni
Mason Transit Authority WSDOT,Mason County(Hoodsport Master Plan Hoodsport Transit Center Planning Transportation $50,000
Inclusion) $ Planni
+ Mason Transit Authority Johns Prairie Facility Upgrade/Construction Transportation $2,500,000 $ $ 2,500,000.00 Desig
+ Mason Transit Authority Maintenance Shop Modification Transportation $300,000 $ $ 240,000.00 Const
+ Mason Transit Authority Construct Maintenance Wash Facility Transportation $500,000 $ $ 500,000.00 Desig
Port of Shelton Aviation Business Park Economic Development $20,000,000 $ Planni
Port of Shelton Tenant Consolidation&Expansion Economic Development 1$2,500,000 $ Planni