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Home My WebLink About2021/05/24 - Briefing Packet MASON COUNTY COMMISSIONER BRIEFING INFORMATION FOR WEEK OF May 24, 2021 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. ASpls Cplj��' l 1854 Pursuant to Proclamation by the Governor 20-28.15, in-person attendance to Commission meetings is temporarily restricted. Our Commission meetings are live streamed at http://masonwebtv.com/ and we will accept public comment via email dlz@co.mason.wa.us; or mail to Commissioners Office, 411 North 51n Street, Shelton, WA 98584; or call 360-427-9670 ext. 419. If you need to listen to the Commission meeting via your telephone, please provide your telephone number to the Commissioners'office no later than 4 p.m. the Friday before the meeting. BOARD OF MASON COUNTY COMMISSIONERS DRAFT BRIEFING MEETING AGENDA 411 North Fifth Street, Shelton WA 98584 Week of May 24, 2021 Monday - Friday 8:00 A.M. COVID-19 Coordinators Briefing* Public Works Meeting Room A 100 Public Works Way Noon WA State Association of Counties Zoom Meeting* Coronavirus Relief Funding *This is being noticed as a Special Commission Meeting because a quorum of the Mason County Commission may attend this event and notification is provided per Mason County Code Chapter 2.88.020 - Special Meetings Monday, May 24, 2021 Commission Chambers Times are subject to change, depending on the amount of business presented 9:00 A.M. Closed Session — RCW 42.30.140 (4) Labor Discussion 10.00 A.M. Executive Session — RCW 42.30.110 (1)(i) Potential litigation 10:20 A.M. BREAK 10:25 A.M. Community Services — Dave Windom 10:40 A.M. Public Works — Loretta Swanson Utilities & Waste Management 11:00 A.M. Superior Court — Judge Goodell 11:15 A.M. Support Services — Frank Pinter Commissioner Discussion — as needed Noon BREAK 2:00 P.M. Jail Needs Study — KMB Architects Briefing Agendas are subject to change,please contact the Commissioners'office for the most recent version. Last printed 05/20/21 at 11:13 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 BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Michael MacSems DEPARTMENT: Community Services EXT: 571 BRIEFING DATE: May 24, 2021 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEM: Discuss suddenly open seats on the Historic Preservation Commission. EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions) BACKGROUND: The Mason County Historic Preservation Commission is a seven (7) member commission which serves to identify and actively encourage the conservation of Mason County's historic resources. In May, the HPC lost two members unexpectedly. Last Fall the BOCC interviewed three volunteers for two HPC positions. I am requesting that on June 1st Action Agenda, the BOCC appoint Micah Sanders (the person that they interviewed but didn't select last Fall) to fill the balance of one of the open sets. The other seat will be refilled in the Fall during the normal annual public recruitment cycle. BUDGET IMPACTS: This proposal has no cost. PUBLIC OUTREACH:(Include any legal requirements, direct notice, website, community meetings, etc.) These positions were advertised last Fall and three people applied and were interviewed. All were good candidates. Public outreach for open HPC seats occurs every Fall. This is a unique situation to have someone who has already applied thought public recruitment process and has been interviewed by the BOCC, being available to serve on short notice. RECOMMENDED OR REQUESTED ACTION: At the June 1, 2021 BOCC meeting, appoint Micah Sanders to fill the balance of the term left open by Russ Sackett's departure. This term will end in November 2022. ATTACHMENTS: Micah Sander's Advisory Board Application, Amended 2021 HPC Membership Roster Breifing Cover New Sheet Open Seats NR Special 2021 Mason County Historic Preservation Commission Membership List Vacant Nov 2021 Jann Goodpaster Vice Chair Nov 2021 Steve Rose Nov 2022 Vacant Nov 2022 David Dally Nov 2022 Edgar Huber Chair,Professional Expertise Nov 2023 Wayne Nicholson Nov 2023 Rhonda Foster Ex-Officio Member THPO Squaxin Tribe Kris Miller Ex-Officio Member THPO Skokomish Tribe Clerk � �� K �� « �� ( ��-��B� j~`' / r/ ` ' ^= w�'� ��N � S�� 3 �ASC�CO��y E« 41187C\8IHFff7JHS%REE2. 8fIET TON VifiL 98584 KJaaOnCOunty Fax360'427'343. Voice 300'427'O070, Ext.4/8\275-4407nr482'5200 Con`rnissioOers I AM SEEKING APPOINTMENT To Historic Preservation Commission NAME: Micah Sanders !TY/7-IP-. — VOTING PRECINCT: WORK PHONE: (OR AREA 114 THE couN,ry YOU LIVE) E-MAIL: ---- _ -- _--_-'_ -------_--- ---' _-- -_-- - --- '_- ---- ---_--_--_- COMMUNITY SERVICE EMPLOYMENT: (IF RETIRED. PREVIOUS EXPERIENCE) ACTIVITIES OP.MEMPIERS[ilps) WA Office ufFinancial� me� �S Capitol Furnis(hinqs Preservation Committee COMPANY: «: =" (Vice Chair) or Analyst � Y�COMPANY: POSITION: _ _ __ ___ _ _ ____________________ ______ _________________ _ __________ ____- _ \nynurwmndn.whutduyoupenmkmis\ham\eorpurposecfthe8oand. CommitteeorCound|for*hinhyouoreapp|ying: The HPC stands as Mason County's main line of defense against the loss of it's historic do Our heritage extends well beyond bricks;:::Ihd mortar but viiIiiIF:! 5.1i: .111011:Ei Et:3ii 10�13 51:1 iri (1:1!::! 1:1-- §our historic buftfiag-s- .and-landmarkq ran-not To mta,-the role of the PP(' is to maiatain-the-identi 1 intyfor-fliture-geaeratims- by protecting the structures that give our home character.These places and.symbol.s of Mason County should be the first place. What interests, skills do you wish ho offer the Board, Committee, urCouncil? I have a deep interest in the study of histo!y and it's impacts on today's life. I love restoring old things to their historic charm with modern functionality.Whether the item is a chair or a building, I love the process and the product. Having ' -'----n-h--r-restoration j'� and ��fundraising committee. Please list any financial, profeuxional, or voluntary affiliations which may influence or affect your position on this Board: ��.create u potential conflict ofinterest) I serve on a state ect no . Your participation is dependent upon attending certain trainings made available by the County during regular business 110L 11's (such ay Open Public Meetings Act and Public Reuordo).The h b uiningxmmu|dba/�n000s� you.VVou|dyoubo ' oNeto attend suoh$aininge? yesRealistically,how mudhbme can You give ho this position? Ouark*dy Monthly x Weekly Daly Nl|oahVV. Sanders 10/7/20 Appointment Date Sic'nahum [ate Tenn Expire D ate MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Dave Windom / Todd Parker DEPARTMENT: Community Services EXT: 260 BRIEFING DATE: May 24, 2021 PREVIOUS BRIEFING DATES: 8/5/19 and 8/12/19 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: Contract Extension: Contract with Quixote Communities to support the veteran tiny home village EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): Quixote Communities has run into construction delays and they have asked for the contract end date and performance period to be extended from May 31, 2021 to September 30, 2021. The project is continuing, and the goal is to break ground this summer. BUDGET IMPACT: none PUBLIC OUTREACH:(Include any legal requirements, direct notice,website, community meetings, etc.) N/A RECOMMENDED OR REQUESTED ACTION: Move the contract amendment to the action agenda on June 8, 2021 ATTACHMENTS: Amendment Briefing Summary 5/18/2021 Contract Between Mason County Community Services Department of Public Health and Quixote Communities Professional Services Contract number QC.2060.2020.1 (MC Contract#20-022) Amendment# 1 The purpose of this amendment is to extend the contract deadline. IT IS MUTUALLY AGREED THEREFORE: That the Original Contract is hereby amended as follows: 1. Contract Term A. The contract expiration date and performance period is extended through September 30, 2021. ALL OTHER TERMS AND CONDITIONS of the original Contract and any subsequent amendments hereto remain in full force and effect. IN WITNESS WHEREOF, the undersigned has affixed his/her signature in execution thereof on the day of 12021. Quixote Communities MASON COUNTY COMMISSIONERS Signature Randy Neatherlin, Chair Mason County Board of Commissioners Title Date 1 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: David Windom DEPARTMENT: MCCS EXT: 260 BRIEFING DATE: 24 May 2021 PREVIOUS BRIEFING DATES: 22 March 2021 If this is a follow-up briefing, please provide only new information NA INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal x❑ Other — please explain Frank Pinter ITEM: Create Accounting Technician position in Public Health to assist with grant accounting and billing. EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): Creates a 1.0 FTE position reporting to the Finance Manager for Public Health that would assist with grant accounting and billing. With the addition of the LEAD grant and multiple streams of COVID funding and managing/monitoring more than 58 active grants with the related deliverables and grant tracking, the finance section needs additional support. We are at risk of missing deadlines and billings. Additional documentation requirements for current contracts require additional hours which current staff have no ability to meet. We are currently at the limit of what our fiscal staff can manage with the resources available. COVID-19 has additional funding and contracts coming to the county that extend through 2023 adding to the burden for grant accounting and billing. Recent Auditor recommendation: "The County should think of cross training as a disaster recovery plan. Implemented correctly, it will help the County to run smoothly in the event there is an absence of one or more key players. With cross training, organizations are better equipped to recover quickly from disruptions and handle transitions gracefully. To be specific, employees will be able to easily step into other roles to make sure the job gets done especially if a key employee is no longer available, for any reason." Without a second accounting technician to add depth to staffing, the county risks continuity should anything happen to the existing staff. Redundancy is critical to ensure smooth operations. BUDGET IMPACT: 73,228.32 per year. Would require a budget amendment. PUBLIC OUTREACH:(Include any legal requirements, direct notice, website, community meetings, etc.) Briefing and action agenda RECOMMENDED OR REQUESTED ACTION: Approve proposed position. Briefing Summary 5/13/2021 ATTACHMENTS: Accounting Technician job description, current contract list Briefing Summary 5/13/2021 *1854 POSITION DESCRIPTION Title: Accounting Technician Department: Community Services-Public Health Division Affiliation: Teamsters General Reports to: Finance Manager Services Exempt: Non-Exempt: X Supervises/Directs: None Job Class: Risk Class: Salary Range: According to current Collective Bargaining Agreement GENERAL DESCRIPTION: Performs entry-level technical accounting work and assists with the maintenance of accounting records to provide senior level accounting technician(s) with necessary financial information for the Public Health Division of the Community Services Department. ESSENTIAL JOB FUNCTIONS: (Any one position may not include all of the duties listed nor do the listed examples include all tasks which may be found in positions of this class.) Performs entry level accounting activities in the areas of budgeting, payroll, grants, report compilation and analysis and other assigned accounting areas within the Public Health Division. Prioritizes and coordinates work with other departments, staff and agencies to ensure timely completion of projects. Coordinates the preparation and maintenance of journals and ledgers for assigned activities ensuring the classification and distribution of items to proper accounts per legal requirements and County procedures. Edits, reconciles discrepancies and corrects irregularities to prepare balanced ledgers for the department. Monitors departmental budget by tracking and reconciling revenues and expenditures. Assists in the preparation of the annual departmental budget and assists in the preparation of cost estimates for work performed by department personnel. Assists Senior Accounting Technician with the coordination and monitoring grant budgets by monitoring expenditures against grants. Assists Senior Accounting Technician with the coordination of the input of departmental payroll and benefits information to ensure employees are paid correctly. Coordinates and maintains departmental personnel files and records to ensure confidentiality. Revises and updates automated system software to accommodate changes in accounting procedures and system requirements. Provides assistance and information within the scope of knowledge and authority. Regular, reliable and punctual attendance. WORKING CONDITIONS: Duties are primarily performed in an office environment while sitting at a desk or computer terminal. QUALIFICATIONS: Knowledge of: Accounting principles, methods and terminology. Governmental and cost accounting and budgeting principles and procedures. Grant accounting procedures and processes. Basic data processing principles and accounting applications. Ability to: Analyze, interpret and prepare accounting reports and financial statements using generally accepted accounting principles. Est. Unknown/Rev 1-6.2002/Rev 2-3.17.2021 Communicate effectively, both orally and in writing. Establish and maintain effective working relationships with staff, other agencies, vendors and the general public. Apply and adapt established accounting methods to a variety of financial transactions. Set work priorities. Physically perform the essential functions of the job. EDUCATION AND EXPERIENCE: Any equivalent combination of education and experience which provides the applicant with the knowledge, skills, and abilities required to perform the job. A typical way to obtain the knowledge and abilities would be: One year of business/technical school with at least three accounting classes (total of 45 quarter hours or 30 semester hours), or one year of accounting experience, preferably in the public sector. LICENSES, CERTIFICATES, AND OTHER REQUIREMENTS: Valid WA State driver's license or reasonable accommodation. REQUIRED TRAINING FOR THIS POSITION: Sexual Harassment & Discrimination —Annually Smart Risk Management—Once Slip, Trip and Fall —Annually Safe Lifting Practices —Annually FEMA IS 100 and 700-Once FEMA IS-907-Active Shooter-Annually REGULAR MONITORED DRIVER: Yes X No Additional job specific trainings may be issued at a later date. Union Representative Signature of Approval: Date: Elected Official / Director Signature of Approval: Date: have read and understand the above position description: Name: Date: Signature: Est. Unknown/Rev 1-6.2002/Rev 2-3.17.2021 Program Grant No. Department Fund # Bars Revenue Line Contract Title Codes F1236-93069B 150.000000.100.000 333.93.306000.0000.00 ConCon -PHEPR 88/881 F1703-93539A 150.000000.200.000 333.93.353900.0000.00 ConCon -PPHF 317 OPS C17118 32/323 F1237-93268F 150.000000.200.000 333.93.326000.0000.00 ConCon -Immunization-OPS/AFIX/VFC 32/323 F1246-93994C 150.000000.200.000 333.93.399000.0000.00 ConCon - MCHBG 25/250 F1303-66123A 150.000000.300.000 333.66.312010.0000.00 ConCon -Onsite Sewage Management NEP 54/550 F1705-93136A 150.000000.200.000 333.93.313010.0000.00 ConCon -OVERDOSE DATA 134/646 FEE FOR SERVICE 150.000000.300.000 346.26.364000.0000.00 ConCon -Drinking Water Group A-SS 52/520 FEE FOR SERVICE 150.000000.300.000 346.26.365000.0000.00 ConCon -Drinking Water Group A-SS State 52/520 FEE FOR SERVICE 150.000000.300.000 346.26.366000.0000.00 ConCon - Drinking Water Group A-TA 52/520 S1230-0493D 150.000000.300.000 334.04.393000.0000.00 ConCon - Rec Shellfish/Biotoxin 60/601 S1709-0490C 150.000000.300.000 334.04.393010.0000.00 ConCon -WASTEWATER MANAGEMENT-GFS 54/548 F1711-66123E 150.000000.300.000 333.66.312300.0000.00 ConCon -PS SSI Suhaward NEP 5-6 OSS 60/603 S1802-0493G 150.000000.200.000 334.04.393010.0000.00 ConCon - LEAD ENVIRONMENT OF CHILDREN/FPH Lead Case Mgnt 53/306 51910-0491B 150.000000.200.000 334.04.391020.0000.00 ConCon - LEAD POISONING PREVENTION/Healthy Communities 29/291 S1701-0490B 150.000000.300.000 334.04.390010.0000.00 ConCon -Drinking Water Group B C17118 52/527 F1801-93103A 150.000000.300.000 333.93.310300.0000.00 FOOD TRAVEL-FDA GRANT 56/560 150.000000.100.000 333.21.301903.0000.00 BITV-COVID ED CARES-ADMIN 88/883 F2013-21019C 150.000000.200.000 333.21.301903.0000.00 BITV-COVID ED CARES 88/883 150.000000.100.000 333.21.301904.0000.00 LHJ COVID OFM CARES-ADMIN 88/883 F2014-21019D 150.000000.200.000 333.21.301904.0000.00 LHJ COVID OFM CARES (QUARANTINE RENT/SUPPLIES/million $) 88/883 Program Grant No. Department Fund # Bars Revenue Line Contract Title Codes 150.000000.100.000 333.97.303601.0000.00 FEMA-75 COVID LHJ-ADMIN 88/883 F2015-97036H 150.000000.200.000 333.97.303601.0000.00 FEMA-75 COVID LHJ 88/883 F2003-93354A 150.000000.100.000 333.93.335010.0000.00 ConCon -COVID-CRISIS RESPONSE (FEDERAL RESPONSE) 88/883 F2010-93323A 150.000000.100.000 333.93.332010.0000.00 ConCon -COVID CARES 88/883 150.000000.100.000 334.04.392010.0000.00 ConCon-COVID-State Response 88/883 F2102-21019J 150.000000.100.000 333.21.301908.0000.00 COVID Outreach 88/883 F1231-66123D 150.000000.300.000 333.66.312040.0000.00 Hood Canal HCPIC EPA/HCCC C1500170 60/604 F1904-66123G 150.000000.300.000 333.66.312321.0000.00 Shellfish NTA Implementation/Pierce County South Sound Rec. 60/608 51806-0310T 150.000000.300.000 334.03.310050.0000.00 Solid Waste Education -DOE 53/301 51226-0310b 150.000000.300.000 334.03.310000.0000.00 Coordinated Prevention-DOE 53/300 51909-0460n 150.000000.200.000 334.04.361963.0000.00 DCYF-HOME SERVICES- FEE FOR SERVICE 22/225 F1242-93778C 150.000000.200.000 333.93.377000.0000.00 Medicaid Administrative Match #K1410 12/120 F1243-93778D 150.000000.200.000 333.93.377010.0000.00 ABCD Local Activities HCA CONT#K767 24/241 F1712-93758A 150.000000.200.000 333.93.375800.0000.00 TOBACCO &VAPING PREVENTION-TVPP 44/441 51606-0490A 150.000000.200.000 334.04.390020.0000.00 YMPP-CHOICE N21896-08 44/443 52008-0490D 150.000000.200.000 334.04.390920.0000.00 HCA LEAD PILOT PROGRAM/STATE GFS 64/647 F2005-93959E 150.000000.200.000 333.93.395920.0000.00 HCA-LEAD PILOT/FEDERAL SABG 64/647 F1710-16838A 150.000000.200.000 331.16.383800.0000.00 OJP-Opioid Prevention#2017-AR-BX-K033 COAP 54/643 150.000000.200.000 334.06.392293.0000.00 CPAA-SUMO (COALITION/ASSESSMENT) 80/806 ciQrn-nconu Program Grant No. Department Fund # Bars Revenue Line Contract Title Codes 150.000000.200.000 334.06.392293.0000.00 CPAA-SUMO (SUBSTANCE USE MOBILE OUTREACH) 64/644 150.000000.100.000 334.04.320017.0000.00 DEPT OF COMMERCE-CHG ADMIN COSTS 11/110 51704-0420L 117.000000.000.200 334.04.320017.0000.00 DEPT OF COMMERCE-CHG GRANT 11/111 51705-0420M 117.000000.000.200 334.04.320018.0000.00 DEPT OF COMMERCE-HEN GRANT 11/111 117.000000.000.200 334.03.310019.0000.00 DEPT OF COMMERCE-EMERGENCY HOUSING GRANT 88/883 52002-0310Z 150.000000.100.000 334.03.310019.0000.00 DEPT OF COMMERCE-EMERGENCY HOUSING GRANT-ADMIN 88/883 52009-04205 117.000000.000.200 DEPT OF COMMERCE-SHELTER PROGRAM GRANT 88/883 150.000000.100.000 DEPT OF COMMERCE-SHELTER PROGRAM GRANT-ADMIN 88/883 F2019-14231A 117.000000.000.200 DEPT OF COMMERCE- EMERGENCY SOLUTIONS GRANT 88/883 150.000000.100.000 DEPT OF COMMERCE-EMERGENCY SOLUTIONS GRANT-ADMIN 68/883 117.000000.000.200 333.21.301902.0000.00 DEPT OF COMMERCE-EVICTION RENT ASSISTANCE PROGRAM (ERAP) 88/883 F2012-21019E 150.000000.100.000 333.21.301902.0000.00 DEPT OF COMMERCE-EVICTION RENT ASSISTANCE PROGRAM (ERAP) 88/883 F1402-93959A 164.000000.100.000 333.99.359010.0000.00 CPWI -SABG/PREVENTION 64/641 F1403-93243A 164.000000.100.000 333.92.343010.0000.00 CPWI -PFS/SERVICES 64/641 164.000000.100.000 334.04.363020.0000.00 DEDICATED MARIJUANA STATE FUND 315 -SHELTON 64/641 51801-0460K 150.000000.200.000 334.04.363020.0000.00 DEDICATED MARIJUANA STATE FUND 315- DIRECT NURSING CHGS 22/223 164.000000.100.000 333.37.388010.0000.00 SOR/CBO-SUBSTANCE ABUSE&MNTL HEALTH NORTH MASON (SAMHSA) 64/645 F1901-93788A SOR/CBO -SUBSTANCE ABUSE&MNTL HEALTH NORTH MASON (SAMHSA)-DIRECT NURSING 150.000000.200.000 333.37.388010.0000.00 22/224 CHGS 51602-0460H 164.000000.100.000 334.04.363000.0000.00 GFS SABG ADMIN 64/641 MASON COUNTY PUBLIC WORKS—COMMISSIONER BRIEFING May 24,2021 Briefing Items • Interlocal Agreement between Mason and Kitsap County for Household Hazardous Waste Disposal(HHW). • County Road Administration Board Rural Arterial Program Prospectuses Amendment No. 1, increasing RATA funding to $1,188,000, for CRP 2020, Old Belfair Hwy resurfacing, restoration and rehabilitation project. • Private Line Occupancy Permit for Carlen Rorke and Elnar Larson to install a new underground power and waterline under North Shore Road. • Private Line Occupancy Permit for Si Smith to cover existing waterline at 16161 NE North Shore Road. • Private Line Occupancy Permit for Greg Morgan to install new waterline that will run between 5530 NE North Shore Road and 91 Landon Road. Discussion Items • Replacement Supervisor pickup truck Commissioner Follow-Up Items Upcoming Calendar/Action Items Attendees: Commissioners: Public Works: Other Dept. Staff: Public: _Randy Neatherlin _Loretta Swanson _Kevin Shutty _Mike Collins _Sharon Trask _Richard Dickinson —Other(list below): MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Richard Dickinson, Deputy Director/U&W DEPARTMENT: Public Works EXT: 450 BRIEFING DATE: May 24, 2021 INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal ❑ Other — please explain ITEM: Mason — Kitsap County Household Hazardous Waste Disposal Interlocal Agreement— Contract No. KC-346-21 EXECUTIVE SUMMARY: Mason County has an interlocal agreement with Kitsap County to allow Mason County resident disposal of Household Hazardous Waste (HHW) at the Kitsap County HHW Facility in Bremerton. This agreement expired June 30, 2021 coinciding with the state budget cycle and the Local Solid Waste Financial Assistance (LSFWA) grant program. Kitsap County recently forwarded a new agreement which will commence at time of signing, with an effective date on July 1, 2021, for purposes of cost reimbursement for services. The new agreement expires June 30, 2023 and may be extended for an additional year. BUDGET IMPACTS: The cost of this contract is covered by the tipping fee revenue in Solid Waste Fund #402 and LSWFA grant funds from Ecology. The interlocal agreement has a maximum annual payment of $55,000 ($50 per customer x 1,100 customers). PUBLIC AND OTHER OUTREACH: The agreement includes a provision that Mason County will advertise the expanded opportunities for HHW collection to Mason residents and provide Kitsap with Mason specific MRW education materials for distribution to Mason customers. RECOMMENDED OR REQUESTED ACTION: Recommend the Board execute CONTRACT NO. KC-346-21 Interlocal Agreement between Mason and Kitsap Counties to provide residential household hazardous waste collection and disposal opportunities. ATTACHMENT: 1. Interlocal Agreement Briefing Summary CONTRACT NO. KC-346-21 INTERLOCAL AGREEMENT BETWEEN KITSAP COUNTY AND MASON COUNTY TO PROVIDE RESIDENTIAL HOUSEHOLD HAZARDOUS WASTE COLLECTION AND DISPOSAL OPPORTUNITIES This agreement is executed between Kitsap County ("Kitsap") and Mason County ("Mason") for the purpose of providing a permanent site with year-round availability for proper disposal of household hazardous waste ("HHW")to Mason County residents at the Kitsap County Household Hazardous Waste Collection Facility. BACKGROUND WHEREAS, the Kitsap County Moderate Risk Waste ("MRW") Management Plan (hereinafter the "Plan") was written pursuant to Revised Code of Washington (RCW) 70.95.220 and adopted by the Kitsap County Commissioners; and WHEREAS, Kitsap constructed the HHW Collection Facility (hereinafter"the Facility") and has operated the Facility since April 18, 1996; and WHEREAS, the Facility provides year-round availability for the proper disposal of HHW to Kitsap County residents; and WHEREAS, HHW disposal is funded through a combination of tipping fees collected at Olympic View Transfer Station and the Local Solid Waste Financial Assistance Agreement between the State of Washington Department of Ecology and Kitsap County; and WHEREAS, Mason residents have utilized the Facility over the past twenty-five (25) years and desire to continue use of the Facility; and WHEREAS, Kitsap and Mason share common goals to protect watersheds; protect groundwater and drinking water quality; provide opportunities for residents to properly dispose of HHW; educate residents about potential hazards regarding storage of hazardous products; and WHEREAS, Kitsap and Mason find it is in the best interest of their citizens and in the public welfare to enter into an interlocal agreement pursuant to RCW 39.34 regarding these common goals; and WHEREAS, Kitsap agrees to provide year-round HHW collection opportunities to Mason residents for the waste stream set forth in Attachment A, attached hereto; and WHEREAS, Kitsap agrees to provide year-round HHW collection opportunities to Mason residents for the fee to Mason set forth below; and WHEREAS, Kitsap and Mason are authorized to enter into Interlocal Agreements pursuant to Chapter 39.34 RCW; NOW THEREFORE, the parties mutually agree as follows: The recitals are hereby incorporated into the Agreement by this reference. KC-346-21 Mason County Interlocal Agreement for HHW Disposal Service for Residents 11 P a g e Kitsap shall make its facility services available to Mason residents according to the terms of this Interlocal Agreement, and shall serve as the "lead entity" in the ongoing administration and implementation of this Agreement. Mason agrees to (a) advertise the expanded opportunities for HHW collection to Mason residents; and (b) provide Kitsap with Mason specific MRW education materials for distribution to Mason customers. Mason agrees to reimburse Kitsap $50.00 per documented Mason customer. Notwithstanding the preceding, Mason payments are not to exceed $55,000.00 per year (1,100 customers) unless specifically approved in writing in advance. Kitsap shall submit monthly invoices for collection and disposal services pursuant to this Agreement to which Kitsap is entitled to compensation. Invoices shall detail the number of Mason customers who utilized the Facility. Mason shall make payment within thirty (30) days following receipt of billing. Kitsap shall maintain adequate records to support billings under this Agreement. This Agreement shall commence at time of signing, with the effective date on July 1, 2021, for purposes of cost reimbursement for services, and shall extend through June 30, 2023. The parties may agree to extend this Agreement for an additional year by amendment as set forth below. Kitsap may terminate this Agreement whenever Kitsap determines, in its sole discretion, that such termination is in the best interests of Kitsap County. Termination of this Agreement by Kitsap at any time during the term, whether for default or convenience, shall not constitute a breach of this Agreement. Mason County may terminate this Agreement upon provision of sixty (60) days written notice to Kitsap, and shall be liable for all actual costs incurred through the termination date specified in such notice, consistent with the per customer fees prescribed above. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period by Mason, Kitsap shall not be obligated to provide services after the end of the current fiscal period. Mason and Kitsap agree to defend, indemnify and hold harmless each other, at their sole expense, including attorneys' fees, from and against any and all claims, demands, losses, damages, liabilities, and expenses of any nature whatsoever, including, but not limited to personal injury or property damage, arising out of the performance of this Agreement, whether the demand, loss or claim is due to the negligence of either Mason, or Kitsap, or of their elected and appointed officials, officers, employees and agents, except for injury or damages caused by the sole negligence or willful misconduct of either Kitsap or Mason, its elected or appointed officials, officers, employees or agents. This Agreement may be amended only upon the written agreement of the parties executed with the same formalities required for the execution of this Agreement. There will be a review of per customer costs if an extension is desired. No separate entity is created by this Agreement and any property purchase under this Agreement shall be the property of the purchaser. KC-346-21 Mason County Interlocal Agreement for HHW Disposal Service for Residents 2 1 P a g e This Agreement shall be, at a minimum, recorded with the Kitsap County Auditor. Any notices and payments shall be mailed to: For Kitsap County: For Mason County: Kitsap County Public Works Mason County Public Works Department Solid Waste Division Utilities and Waste Management Division 614 Division Street, MS-27 P.O. Box 578 Port Orchard, Washington 98366 Shelton, Washington 98584 Attn: Christopher Piercy Attn: Richard Dickinson DATED this day , 2021 DATED this day , 2021 BOARD OF COUNTY COMMISSIONERS BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON KITSAP COUNTY, WASHINGTON Randy Neatherlin, Chair ROBERT GELDER, Chair Kevin Shutty, Commissioner EDWARD E. WOLFE, Commissioner Sharon Trask, Commissioner CHARLOTTE GARRIDO, Commissioner ATTEST: ATTEST: McKenzie Smith, Clerk of the Board Dana Daniels, Clerk of the Board APPROVED AS TO FORM: APPROVED AS TO FORM: by the Kitsap County Prosecuting Attorney's Office Tim Whitehead, Chief DPA KC-346-21 Mason County Interlocal Agreement for HHW Disposal Service for Residents 3 1 P a g e ATTACHMENT A A-Fuels Aerosols Antifreeze Auto Batteries Cleaners Household Batteries Latex Paints Mercury Lamps Motor Oil Oil Based Paints Poisons KC-346-21 Mason County Interlocal Agreement for HHW Disposal Service for Residents 4 P a g e MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Mike Collins RE, County Engineer DEPARTMENT: Public Works EXT: 450 BRIEFING DATE: May 24, 2021 INTERNAL REVIEW (please check all that apply): 0 Budget/Finance ❑ Human Resources ❑ Legal ❑ Other— please explain ITEM: CRAB Rural Arterial Program Prospectus—Amendment No. 1 EXECUTIVE SUMMARY: On May 21, 2019, the Board of County Commissioners authorized Public Works to submit a Rural Arterial Program Prospectuses (RAP) to the County Road Administration Board (CRAB), for County Road Project (CRP) No. 2020, Old Belfair Highway (approx. M.P. 1.200 to MP 1.600)— resurfacing, restoration and rehabilitation project. Mason County was approved for the Rural Arterial Trust Account (RATA) funding on April 25, 2019 in the amount of $565,972. At this time, CRAB is offering Mason County an increase of the RATA funding to $1,188,000 that was approved by the CRABoard on April 29, 2021. Public Works is requesting the Board approve the increased funding ($622,028) from CRAB. BUDGET IMPACT: Previous Approve RATA Funds Increased RATA Funds — Amendment #1 Estimated Project Cost: $1,420,000 Estimated Project Cost: $ 1,420,000 Authorized RATA Funds: $ (565,972) Authorized RATA Funds: $(1,188,000) County Road Funds; $854,028 County Road Funds; $ 232,000 RECOMMENDED OR REQUESTED ACTION: Recommend the Board of County Commissioners authorize the Chair to execute the County Road Administration Board Rural Arterial Program Prospectuses Amendment No. 1, increasing RATA funding to $1,188,000, for CRP 2020, Old Belfair Highway resurfacing, restoration and rehabilitation project. ATTACHMENTS: 1. RAP Prospectus — Amend. No. 1 2. Vicinity Map - - - - _ t - - STATE OF WASHINGTON COUNTY-ROAD AONt�J+itSTRATIQB� R� _ �` 2URAL_ kRTEBIA�FOR _PRO_GRAM - -Pf JE T AMhEMENT CONSTRUCTION PROPOSAL _ = n = AMENDMENT NO. 1 AM AW Submitting County: Mason - Rr Liatribe . 2 IT--- is_g,=-7EPate-A pproved a4125/29 Road Nte } csacia ) MP(s) Segment# - BMP(s) E 98250 �IWBelfairwy —ffm 1,200 1 600 =1 _ . _This is Amendment No:1 to the above described Project Agreement,belweer the M_ of Masorr_he0einaTt@p he"( Unty"and _ the State of Washington County Road 6drrirustr 1i'or-Soard,hegAtMr tW!MkBoTC -_-Nhif--READ, i e ©TINTY an� R�4�ip CaVgore to Wmend the orrg nai Project Agreement to allow an increase to authorized RATA furt�s ui d e ct�niiitions descntied ri=WA0136-161-070. NOW,THEREFORE,.pursuant to chapter 36.79 RCW and in consideration othteFms cotdrh�nsovenants and_performt�ce z contained herein,or attached and incorporated-=an&mad is hereof - - a _ - - - - __ IS MUInu RE9LLOW5 _ _ Th lowing new language is added as section 15 to the Project Agreement = _ — Authorized RATAfunding is increased to_$1,1$8 000=pe RABoard approvarfid ad Apr 9.2021 z -_ 3: All othe�fei sand conditions 4TJh original Project Agreed%shal remain in full force and effect except as modified by thi§Amendment 'No. - IN WITNESS WHEREOF,the PARTIES hereto have executed this AMENDMENT)to hq fie PA} IY s date last signed$e fl. Ma -- a - COUNTY ROAQ ADAMNISTRATIOIs�OARQA = ik_ _ Mason=COUNTY: - __ _ - _ By:ILK Date: - _ Q__ JOT = Date: - - - ELM gage 1 of i =- _ _ = ArvtiN _ 1 s r CRP 2020- OLD BELFAI R HWY f M:rt'_yxR. r i sK Old Belfair Hwy MP 1.2-1.6 A. .♦ { m ♦ a'7 EMP 1.6 � ♦� '" O t W j f t rdl T♦♦ BMP 1.2r 7J `j`` ?�� ♦♦,�� \ W Z 1 NE NEWKIRK RD Sources: Esri, USGS,NOAA Jor if S� 1nd f• � ,,•.,..a ,cr.++ ' 7�� 'lr ur a..•eti nn t l r< ' `Lj � .crtt !loll et tr' rYJ v}�.Pn r R-J,wuear � taw-. _ _--_ _ _ F Aft A..Nr -art. 1 t t sSources:Esri, HER Ja an,.METI,Esri C w e p 0 1.252.5 5 7.5 10 OpenStreetMap con Mlles c , Garmin,USGS, NP MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Mike Collins P.E, County Engineer DEPARTMENT: Public Works EXT: 450 BRIEFING DATE: May 24, 2021 INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources X Legal ❑ Other— please explain ITEM: Private Line Occupancy Permit EXECUTIVE SUMMARY: Carlen Rorke and Einar Larson have applied for a Private Line Occupancy Permit to install a new underground power and waterline under North Shore Road. These lines are to install a new well across the street from their property, located at 16891 NE North Shore Road (parcel number 32220-50-03002). BUDGET IMPACT: An application fee of $200 has been paid to process the proposed Private Line Occupancy Permit. RECOMMENDED OR REQUESTED ACTION: Recommend the Board approve the Private Line Occupancy Permit granting permission to run the utility lines under and across NE North Shore Road for address 16891, parcel number 32220-50-03022. Attachments: 1. PLO (Page A-4, Area Map) IN THE MATTER OF THE APPLICATION OF Einar Larson and Carlyn Rorke FOR A PRIVATE LINE UTILITY OCCUPANCY PERMIT TO CONSTRUCT, OPERATE, AND MAINTAIN Waterline and electrical line. ALONG AND UNDER NE North Shore Road, A COUNTY MAINTAINED ROAD LOCATED IN MASON COUNTY, WASHINGTON Application of Einar Larson and Carlyn Rorke with principal residence located at 5725 9th Drive West Everett, WA 98203, by and through Einar Larson and Carlyn Rorke, for a private line utility occupancy permit to construct,operate and maintain a private waterline under county roads and highways in Mason County,Washington, as set forth in attached Exhibit"A", having come before the County Commissioners of Mason County, Washington during a regularly scheduled public meeting, on the day of , 20_, and that it is in the public interest to allow the private line utility occupancy permit herein granted; NOW THEREFORE, IT IS ORDERED that a non-exclusive private line utility occupancy permit be, and the same is hereby given and granted to operator, and its successors and assigns, hereinafter referred to as the "Permittee", for a period commencing from and after the date of the entry of this order for the purposes, at the location(s), and upon the express terms and conditions as described herein, and terminating as provided herein. I. DEFINITIONS For the purposes of this private line utility occupancy permit, terms, phrases, words, and their derivations not defined herein that are defined in Title 12 of the Mason County Code or the Manual on Accommodating Utilities in the Mason County Right-of-Way published by the County Engineer(the "Manual"), shall have the same meaning or be interpreted as provided in Title 12 of the Mason County Code or the Manual. Words not defined here, in Title 12 of the Mason County Code or the Manual shall have their ordinary meaning. A reference to Title 12 of the Mason County Code or the Manual refers to the same as may be amended, revised, updated,re-enacted or re-codified from time to time. Il. GRANT The County of Mason(hereafter the "County")hereby grants to the Permittee a non-exclusive private line utility occupancy permit(hereinafter"Permit") which, once it becomes effective shall authorize the Permittee to enter upon the road rights-of-way located within the Permit Area for the purpose of maintaining, repairing, replacing, which grant shall be limited to the following described purpose(s): Power and waterline service along and under North Shore Road to serve parcel number: 32220-50-03022. 1 Such grant is subject to and must be exercised in strict accordance with and subject to this Permit, Title 12 of the Mason County Code, the Manual and all applicable laws, rules, regulations and ordinances. Permittee's exercise of any rights granted pursuant to the Permit is subject to the exercise of the County's police powers, and other regulatory powers as it may have or obtain in the future. No rights shall pass to the Permittee by implication. This Permit does not include permission to enter into or upon the road rights-of-way for any purposes others than the purposes expressly described herein. Permittee has a duty to notify the County of any change in use or condition of the utility facilities that may affect the status of the utility facilities as (a)private line(s) or the impact of the utility facilities upon the road rights-of-way. III. UTILITY PERMIT REQUIRED Permittee shall not commence or perform work to install, construct, maintain repair, replace adjust, connect, disconnect, rebuild, or relocate its utility facilities within the road rights-of- way (hereafter collectively or individually the "Work"), without first applying for, paying all associated fees, and obtaining a utility permit as required pursuant to Title 12 of the Mason County Code. In any utility permit so issued, the County may impose, as a condition of the granting the utility permit, such conditions and regulations as may be necessary for the protection, preservation and management of the road rights-of-way, including, by way of example and not limitation, for the purpose of protecting any structures in the road rights-of-way, maintaining proper distance from other utilities, ensuring the proper restoration of such road rights-of-way and structures, and for the protection of the County and the public and the continuity of pedestrian and vehicular traffic. Permittee shall first file with the County Engineer its application for a utility permit to do such Work together with plans and specifications showing at a minimum: A. The position, depth and location of all such utility facilities sought to be constructed, laid, installed or erected at that time, showing their relative position to existing county roads, rights-of-way or other county property upon plans drawn to scale, hereinafter collectively referred to as the "map of definite location; B. The class and type of material and equipment to be used, manner of excavation, construction, installation, backfill, erection of temporary structures, erection of permanent structures, traffic control, traffic turnouts and road obstructions; C. The manner in which the utility facility is to be installed; D. Measures to be taken to preserve safe and free flow of traffic; E. Structural integrity of the roadway, bridge, or other structure; F. Specifications for the restoration of the county road, right-of-way or other county property in the event that the road right of way will be disturbed by the Work; and 2 G. Provision for ease of future road maintenance and appearance of the roadway. Provision shall be made for known or planned expansion of the utility facilities, particularly those located underground or attached to bridges or other structures within the road right-of- way. The location,alignment and depth of the utility facilities shall conform with said map of definite location, except in instances in which deviation may be allowed thereafter in writing by the County Engineer pursuant to application by Permittee. All such Work shall be subject to the approval of and shall pass the inspection of the County Engineer. The Permittee shall pay all costs of and expenses incurred in the examination, inspection and approval of such work on account of granting the said utility permits. IV. RESTORATION OF ROAD RIGHT OF WAY In any Work which disturbs or causes damage to the road rights-of-way subject to this Permit, public or private property,the Permittee shall at its own expense and with all convenient speed, complete the work to repair and restore the county road right-of-way, or the public or private property so disturbed or damaged, and leave the same in as good or better condition as before the Work was commenced, to the reasonable satisfaction of the County Engineer. The Permittee shall pay all costs of and expenses incurred in the examination, inspection and approval of such restoration or repair. The County Commissioners and/or County Engineer may at any time do, order or have done any and all work that they consider necessary to restore to a safe condition such County road right-of-way or other County property left by the Permittee or its agents in a condition dangerous to life or property, and the Permittee,upon demand, shall pay to the County all costs of such work. V. PERMITTEE WORK IN RIGHT OF WAY Permittee expressly agrees and understands that,with regard to Work within the road rights-of- way: A. All of Permittee's utility facilities and Work within the road rights-of-way or other County property shall be performed in compliance with the provisions of Title 12 MCC, the Manual, the administrative regulations adopted by the County Engineer, other County-established requirements for placement of utility facilities in road rights-of-way, including the specific location of utility facilities in the road rights-of-way, and all applicable laws,rules, regulations and ordinances; B. In preparing plans and specifications for the Work the Permittee shall use the Manual. Prior to commencement of any Work, Permittee shall submit such plans and specifications to the County Engineer for review and approval together with the adequate exhibit depicting the existing or proposed location of the utility facility in relation to the road, 3 including right-of-way or easement lines; relationship to currently planned road revisions, if applicable; and all locations and situations for which deviations in depth of cover (including the proposed method of protection)or other locational standards that are anticipated; C. All Work subject to this Permit shall be done in such a manner as not to interfere, other than in ways approved by the County, with the construction, operation and maintenance of other utilities,public or private,drains,drainage ditches and structures,irrigation ditches and structures,located therein,nor with the grading or improvements of such County roads,rights- of-way or other County property; D. The owners and operators of all utility facilities (public or private) installed in the Permit Area or other county property prior in time to the utility facilities of the Permittee, shall have preference as to the alignment and location of such utilities so installed with respect to the Permittee. Such preference shall continue in the event of the necessity of relocating or changing the grade of any such county road or right-of-way; E. Permittee shall perform the Work and operate its utility facilities in a manner that minimizes interference with the use of the road rights-of-way by others, including others that may be installing utility facilities;and F. The County may require that Permittee's utility facilities be installed at a particular time, at a specific place, or in a particular manner as a condition of access to a particular road or road right-of-way;may deny access if a Permittee is not willing to comply with the County's requirements; and may remove,or require removal of,any utility facility that is not installed in compliance with the requirements established by the County,or which is installed without prior County approval of the time, place, or manner of installation and charge the Permittee for all the costs associated with removal; and may require Permittee to cooperate with others to minimize adverse impacts on the road and road rights-of-way through joint trenching and other arrangements. G. The County may inspect the utility facilities at any time reasonable under the circumstances to ensure compliance with this Permit and applicable law, including to ensure that the private line utility facilities are constructed and maintained in a safe condition. If an unsafe condition is found to exist,the County, in addition to taking any other action permitted under applicable law, may order the Permittee, in writing, to make the necessary repairs and alterations specified therein forthwith to correct the unsafe condition on a time-table established by the County which is reasonable in light of the unsafe condition. The County has the right to correct, inspect, administer, and repair the unsafe condition if the Licensee fails to do so, and to charge the Permittee therefor. The right of the County to conduct such inspections and order or make repairs shall not be construed to create an obligation therefore, and such obligation to construct and maintain its utility facilities in a safe condition shall at all times remain the sole obligation of the Permittee. 4 H. When required by the County, Permittee shall make information available to the public regarding any Work involving the ongoing installation, construction, adjustment, relocation, repair or maintenance of its utility facilities sufficient to show(1) the nature of the work being performed; (2) where it is being performed; (3) its estimated completion date; and (4)progress to completion. I. PERMITTEE IS PLACED ON NOTICE THAT FIBER OPTIC COMMUNICATIONS, POWER, CONTROL SYSTEMS, OTHER TYPES OF CABLES AND PIPELINES MAY BE BURIED ON THE RIGHT OF WAY. Before beginning any underground work,Permittee will contact the appropriate personnel to have such facilities located and make arrangements as to protective measures that must be adhered to prior to the commencement of any work within the road and road rights-of-way. In addition to the liability terms elsewhere in this Agreement, Permittee shall indemnify and hold the County and its elected and appointed officers, employees and agents harmless against and from all cost, liability, and expense whatsoever (including,without limitation, attorney's fees and court costs and expenses) arising out of or in any way contributed to by any act or omission of Permittee, its contractor, agents and/or employees,that cause or in any way or degree contribute to (1) any damage to or destruction of any such facilities by Permittee,and/or its contractor, agents and/or employees,on the County's property,(2) any injury to or death of any person employed by or on behalf of any entity,and/or its contractor,agents and/or employees,on the road rights-of-way,and/or(3) any claim or cause of action for alleged loss of profits or revenue, or loss of service, by a customer or user of services or products of such company(ies). J. Permittee shall continuously be a member of the State of Washington one number locator service under RCW 19.122, or an approved equivalent, and shall comply with all such applicable rules and regulations. K. Except in the event of emergency as described below, Permittee and its agents may not enter upon the permit area to perform work for which a utility permit is required,unless and except upon two-business days notice to the County Engineer. L. In the event of an emergency involving the threat of imminent harm to persons or property, and for purposes of taking immediate corrective action, Permittee and its agents may enter the Permit Area without advance notice to the County as long as such entry is for the sole purpose of addressing the emergency; provided however, that if any entry for such purposes would require issuance of a utility permit, Permittee shall give the County verbal or telephonic notice of the places where and the manner in which entry is required prior to such entry, promptly followed by written notice. In all cases, notice to the County shall be given as far in advance as practical prior to entry or as soon as practicable after entry upon the road right-of- way. M. Permittee shall promptly reimburse the County for its reasonable and direct costs incurred in responding to an emergency that is caused,created by or attributable to the presence, construction,maintenance,repair,or operation of Permittee's utility facilities in the road rights- of-way. 5 N. If, during any Work, Permittee or its agents discover scientific or historic artifacts, Permittee or its agents shall immediately notify the County of said discovery and shall protect such artifacts in a manner as specified by the County. Any such artifact shall be the property of the County if the County wishes to own it. VI. PROTECTION OF PUBLIC All Work done under this Permit shall be done in a thorough and workman-like manner. In the performance of any Work, including without limitation, the opening of trenches and the tunneling under county roads, right-of way or other county property, the Permittee shall leave such trenches, ditches and tunnels in such a way as to interfere as little as possible with public travel and shall take all due and necessary precautions to guard the same, so that damage or injury shall not occur or arise by reason of such Work; and where any of such trenches,ditches and tunnels are left open at night,the Permittee shall place warning lights,barricades and other appropriate protective devices at such a position as to give adequate warning of such Work. The Permittee shall be liable for any injury to person or persons or damage to property sustained arising out of its carelessness or neglect, or through any failure or neglect to properly guard or give warning of any trenches, ditches or tunnels dug or maintained by the Permittee. VII. POLICE POWERS The County,in granting this Permit,does not waive any rights which it now has or may hereafter acquire with respect to county roads, rights-of-way or other county property and this Permit shall not be construed to deprive the county of any powers, rights or privileges which it now has or may hereafter acquire to regulate the use of and to control the county roads,right-of-way and other county property covered by this Permit. The County retains the right to administer and regulate activities of the Permittee up to the fullest extent of the law. The failure to reserve a particular right to regulate, or reference a particular regulation, shall not be interpreted by negative implication or otherwise to prevent the application of a regulation to the Permittee. VIII. RELOCATION Permittee shall, in the course of any Work,comply with the following requirements: A. The Permittee shall,by a time specified by the County,protect, support,temporarily disconnect, relocate, or remove any of its utility facilities when required by the County by reason of traffic conditions; public safety; road right-of-way construction; road right-of-way repair (including resurfacing or widening); change of road right-of-way grade; construction, installation, or repair of County-owned sewers, drains, water pipes, power lines, signal lines, tracks, communications system, other public work, public facility, or improvement of any government-owned utility; road right-of-way vacation; or for any other purpose where the County work involved would be aided by the removal or relocation of the utility facilities. Collectively, such matters are referred to below as the "public work." 6 Permittee acknowledges and understands that any delay by Permittee in performing the above described work may delay, hinder, or interfere with the work performed by the County and its contractors and subcontractors done in furtherance of such Public Work and result in damage to the County, including but not limited to, delay claims. Permittee shall cooperate with the County and its contractors and subcontractors to coordinate such Permittee work to accommodate the Public Work project and project schedules to avoid delay, hindrance of, or interference with the Public Work. The County shall make available to the Permittee a copy of the Six Year Transportation Program and the County's annual construction program after adoption each year. It is anticipated these programs will aid the Permittee in planning construction programs. B. Permittee has a duty to protect its utility facilities from work performed by the County within the road rights-of-way. The rights granted to the Permittee herein do not preclude the County, its employees, contractors, subcontractors, and agents from blasting, grading, excavating, or doing other necessary road work contiguous to Permittee's utility facilities; providing that, the Permittee shall be given a minimum of forty-eight (48) hours notice of said blasting or other work in order that the Permittee may protect its utility facilities. C. In the event of an emergency, or where the utility facility creates or is contributing to an imminent danger to health, safety, or property, the County may protect, support, temporarily disconnect, remove, or relocate any or all parts of the utility facility without prior notice,and charge the Permittee for costs incurred. D. If any Person that is authorized to place facilities in the road right of way requests the Permittee to protect, support, temporarily disconnect, remove, or relocate the Permittee's utility facilities to accommodate the construction, operation, or repair of the facilities of such other person,the Permittee shall,after 30 days'advance written notice,take action to effect the necessary changes requested; provided that, if such project is related to or competes with Permittee's service,or if the effect of such changes would be to permanently deprive Permittee of the beneficial enjoyment of this Permit for its intended purposes through interference with the operation of Permittee's utility facilities or otherwise, Permittee shall not be required to relocate its utility facilities. Unless the matter is governed by a valid contract or a state or federal law or regulation, or unless the Permittee's utility facilities were not properly installed, the reasonable cost of the same shall be bome by the Person requesting the protection,support, temporary disconnection,removal,or relocation at no charge to the County,even if the County makes the request for such action. E. The Permittee shall,on the request of any person holding a valid permit issued by a governmental authority, temporarily raise or lower its wires to permit the moving of buildings or other objects. The expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting the same. 7 The County of Mason will accept liability for direct and actual damages to said Permittee that are the result of the negligence of Mason County, its trustees, officers, employees, contractors, subcontractors or agents while performing County improvement or Public Works projects enumerated in Section VIII, paragraph B. Direct and actual damages are specifically limited to physical damage to properly installed and located infrastructure of the Permittee and the cost to repair such physical damage. Mason County retains the right to assert all applicable defenses in the event of a dispute including contributory_negligence on the part_of the Permittee. Mason County shall in no way be liable for incidental damages claimed to arise from such actions. All Work to be performed by the Permittee under this section shall pass the inspection of the County Engineer. The Permittee shall pay all costs of and expenses incurred in the examination, inspection and approval of such work. IX. PRESERVATION OF MONUMENTS/MARKERS Before any Work is performed under this permit which may affect any existing monuments or markers of any nature relating to subdivisions,plats,roads and all other surveys, the Permittee shall reference all such monuments and markers. The reference points shall be so located that they will not be disturbed during the Permittee's Work and operations under this Permit. The method of referencing these monuments or other points to be referenced shall be approved by the County Engineer. The replacement of all such monuments or markers disturbed during construction shall be made as expeditiously as conditions permit in accordance with RCW 58.24 and WAC 332-120, and as directed by the County Engineer. The cost of monuments or other markers lost, destroyed, or disturbed, and the expense of replacement by approved monuments shall be borne by the Permittee. A complete set of reference notes for monument and other ties shall be filed with the office of the Mason County Engineer. X. VACATION OF ROAD RIGHT-OF-WAY If at any time the County shall vacate any County road or right-of-way or other County Property which is subject to rights granted by this Permit and said vacation shall be for the purpose of acquiring the fee or other property interest in said road or right-of-way for the use of the County, in either its proprietary or governmental capacity, then the Board of Mason County Commissioners may,at its option,and by giving thirty(30)days written notice to the Permittee, terminate this Permit with reference to such county road right-of-way or other County property so vacated, and the County of Mason shall not be liable for any damages or loss to the Permittee by reason of such termination. It has been the practice of Mason County to reserve easements for utilities at the time of road vacation, and will continue to be the practice until such time the Board of Mason County Commissioners direct a change of practice. 8 XI. FINANCIAL SECURITY A. Insurance It is intended that the following insurance requirements shall apply to the person performing the Work in the road right-of-way. Permittee and Permittee's contractors shall not perform or cause to be performed any Work, unless and until Permittee (to the extent Permittee performs any of the Work in the road right-of-way) or its contractors (to the extent Permittee's contractor performs any of the Work in the road right-of-way) provide certificates of insurance evidencing that Permittee or Permittee's contractors are in compliance with the following requirements, including,maintaining insurance in at least in the following amounts: 1. COMMERCIAL GENERAL LIABILITY insurance to cover liability, bodily injury, and property damage. The Commercial General Liability insurance shall be written on an occurrence basis, with an aggregate limit location endorsement for the Permit Area, and shall provide coverage for any and all costs, including defense costs, and losses and damages resulting from personal injury, bodily injury and death, property damage, products liability and completed operations arising out of the Work. Coverage must be written with the following limits of liability: Bodily and Personal Injury & Property Damage $ 1,000,000 per Occurrence $ 2,000,000 aggregate 2 WORKERS'COMPENSATION insurance shall be maintained by Permittee's contractor to comply with statutory limits for all employees, and in the case any work is sublet, the contractor shall require its subcontractors similarly to provide workers' compensation insurance for all the employees. 3. COMPREHENSIVE AUTO LIABILITY insurance shall include owned, hired, and non-owned vehicles on an occurrence basis with coverage of at least $500,000 per occurrence. The required insurance shall be maintained from the time that Work in the road right-of-way commences until the Work is complete and the utility permit issued for said Work has been released by the County Engineer, or his or her designee. If the Permittee or its contractors and subcontractors do not have the required insurance, the County may require such entities to stop operations until the insurance is obtained and approved. Permittee shall, or shall cause its contractors to, file with the application for a utility permit, certificates of insurance reflecting evidence of the required insurance in a form and content approved by the County's Risk Manager. All coverage shall be listed on one certificate with the same expiration dates. 9 The certificates shall contain a provision that coverages afforded under these policies will not be canceled until at least 30 days'prior written notice has been given to the County. In the event that the insurance certificate provided indicates that the insurance shall terminate or lapse during the period of the Work, then, in that event, the Permittee shall furnish, at least 30 days prior to the expiration of the date of such insurance, a renewed certificate of insurance as proof that equal and like coverage has been or will be obtained prior to any such lapse or termination during the balance of the period of the Permit. The County reserves the right, during the term of the Permit, to require any other insurance coverage or adjust the policy limits as it deems reasonably necessary utilizing sound risk management practices and principals based upon the loss exposures. Each insurance policy required pursuant to this Permit shall be primary and non-contributing as respects any coverage maintained by the County and shall include an endorsement reflecting the same. Any other coverage maintained by County shall be excess of this coverage herein defined as primary and shall not contribute with it. The certificate of insurance must reflect that the above wording is included in all such policies. Each insurance policy obtained pursuant to this Permit shall be issued by financially sound insurers who may lawfully do business in the State of Washington with a financial rating at all times during coverage of no less than rating of"A" and a class of"X" or better in the latest edition of`Best's Key Rating Guide"published by A.M. Best Company,or such other financial rating or rating guide approved in writing by the County's risk manager. In the event that at any time during coverage, the insurer does not meet the foregoing standards, Permittee shall give or shall cause its contractors to give prompt notice to the County and shall seek coverage from an insurer that meets the foregoing standards. The County reserves the right to change the rating or the rating guide depending upon the changed risks or availability of other suitable and reliable rating guides. Comprehensive general liability insurance policies and coverage obtained pursuant to this Permit shall include an endorsement (standard ISO form CG 24-17) deleting all exclusions for work or incidents occurring within any distance from a railroad track or railroad property, or on, over, or under a railroad track. Insurance policies required pursuant to this Permit shall have no non-standard exclusions unless approved of by the County Risk Manager or designee. Commercial general liability insurance policies obtained pursuant to this Permit shall name the County as an additional insured without limitation,pursuant to an endorsement approved of by the County's Risk Manager or designee. Permittee or Permittee's Contractors' insurers, through policy endorsement, shall waive their rights of subrogation against the County for all claims and suits. The certificate of insurance must reflect this waiver of subrogation rights endorsement. 10 B. Contractor Bond. All contractors performing Work on behalf of Permittee shall be licensed and bonded. C. Limitation of Liability. to the fullest extent permitted by law, permittee shall, and shall cause its contractor(s) only as to subsection (9) below, to release, indemnify, defend and hold harmless the county and the county's legal representatives, officers(elected or appointed), employees and agents (collectively, "indemnitees") for, from and against any and all claims, liabilities, fines, penalties, costs, damages, losses, liens, causes of action, suits, demands, judgments and expenses (including, without limitation, court costs, attorneys' fees, and costs of investigation,removal and remediation and governmental oversight costs),environmental or otherwise(collectively"liabilities") of any nature, kind, or description, of any person or entity, directly or indirectly, arising out of, resulting from, or related to (in whole or in part): 1. this permit; 2. any rights or interests granted pursuant to this permit; 3. permittee's occupation and use of the road right of way; 4. permittee's operation of its utility facilities; 5. the presence of utility facilities within the right of way; 6. the environmental condition and status of the road right-of-way caused by, aggravated by, or contributed to, in whole or in part, by permittee or its agents; or 7. the acts,errors,or omissions of third parties when arising out of the, installation, construction, adjustment, relocation, replacement, removal, or maintenance of such third party utility facilities within the road rights-of-way when such work is performed under authority of the operator's utility permit or at the direction or under the control of the operator; or 8. any act or omission of permittee or permittee's agents; or 9. any act or omission of contractor or its employees, agents, or subcontractors when arising out of the work. Even if such liabilities arise from or are attributed to, in whole or in part,any negligence of any indemnitee. The only liabilities with respect to which permittee's obligation to indemnify the indemnitees does not apply are liabilities to the extent proximately caused by the sole negligence or intentional misconduct of an indemnitee or for liabilities that by law the indemniteees cannot be indemnified for. 11 Upon written notice from the county,permittee agrees to assume the defense of any lawsuit or other proceeding brought against any indemnitee by any entity, relating to any matter covered by this permit for which permittee has an obligation to assume liability for and/or save and hold harmless any indemnitee. Permittee shall pay all costs incident to such defense,including, but not limited to, attorneys' fees, investigators' fees, litigation and appeal expenses, settlement payments and amounts paid in satisfaction of judgments. Permittee will fully satisfy said judgment within ninety(90) days after said suit or action shall have finally been determined if determined adversely to mason county. upon the permittee's failure to satisfy said judgment within the ninety(90) day period,this permit shall at once cease and terminate and the county of mason shall have a lien upon permittee's utility facilities and all other facilities used in the construction, operation and maintenance of the permittee's utility system which may be enforced against the property for the full amount of any such judgment so taken against any of the indemnitees. Acceptance by the County of any Work performed by the Permittee at the time of completion shall not be grounds for avoidance of this covenant. XII. PERMIT NONEXCLUSIVE This Permit shall not be deemed to be an exclusive Permit. It shall in no manner prohibit the County of Mason from granting rights to other utilities under, along,across,over and upon any of the County roads, rights-of-way or other County property subject to this Permit and shall in no way prevent or prohibit the County of Mason from constructing, altering, maintaining or using any of said roads rights-of-way, drainage structures or facilities, irrigation structures or facilities, or any other county property or affect its jurisdiction over them or any part of them with full power to make all necessary changes,relocations,repairs,maintenance,etc.,the same as the County may deem fit. XIII. SUCCESSORS AND ASSIGNS All the provisions, conditions, regulations and requirements herein contained shall be binding upon the successors and assigns of the Permittee and all privileges, as well as all obligations and liability of the Permittee, shall inure to its successors and assigns equally as if they were specifically mentioned wherever the Permittee is mentioned. Any reference in this Permit to a specifically named party shall be deemed to apply to any successor, heir, administrator, executor or assign of such party who has acquired its interest in compliance with the terms of this Permit or under law. )UV. TRANSFER/ASSIGNMENT Permittee may assign or transfer this Permit by contacting the County of Mason to obtain an Assignment Agreement. The Agreement.must be signed and delivered back to the County of Mason. Assignees shall thereafter be responsible for all obligations of Permittee with respect to the Permit and guaranteeing performance under the terms and conditions of the Permit and that transferee will be bound by all the conditions of the Permit and will assume all the obligations of its predecessor. Such an assignment shall relieve the Permittee of any further obligations under the Permit, including any obligations not fulfilled by Permittee's assignee; 12 provided that, the assignment shall not in any respect relieve the Permittee, or any of its successors in interest, of responsibility for acts or omissions, known or unknown, or the consequences thereof, which acts or omissions occur prior to the time of the assignment. No Permit may be assigned or transferred without filing or establishing with the county the insurance certificates, security fund and performance bond as may be required pursuant to this Permit. XV. ANNEXATION Whenever any of the County road rights-of-way or other county property as designated in this Permit,by reason of the subsequent incorporation of any town or city,or extension of the limits of any town or city, shall fall within the city or town limits; then, except to the extent allowed by law, this Permit shall terminate in respect to the said roads, rights-of-way or other county property so included with city or town limits;but this Permit shall continue in force and effect to all county road rights-of-way or other county property not so included in city or town limits. XVI. TERM/TERMINATION/REMEDIES A. Term. This Permit shall commence upon acceptance by the Permittee as provided at Section XVIII herein and continue in PERPETUITY until terminated or otherwise superseded by a subsequent franchise, private line utility occupancy permit, master road use permit or other agreement of the Parties. In the event that it is determined by a court of competent jurisdiction that, as a matter or law, the term provided for herein is unlawful, this Permit shall be deemed to have a term for the maximum period allowed by law, and if no such maximum period is readily and easily capable of being identified, for a term of not longer than fifty(50)years. B. Termination by County. Pernuttee has elected to obtain a Permit in lieu of a franchise agreement. Permittee understands and agrees that,unlike a franchise,this Permit may be terminated by the County with or without cause. This means that the County is not required to have or provide a reason for the termination and that the County may terminate this Permit in its sole discretion without penalty to the County and regardless of whether or not Permittee is or is not in default;provided that,the County may not terminate this Permit for a reason that is unlawful. The Parties agree that the only condition of termination by the County of this Permit is that the County must give not less than ninety(90)days written notice to the Permittee of termination. The County Engineer is authorized to exercise the right of the County to terminate this Permit. C. Termination upon Transfer/Assignment/Conveyance. This Permit shall automatically terminate upon: (1)assignment of the Permit without the prior written consent of the County in substantially the form of an Assignment Agreement (obtained by request),.(2) transfer of the utility facilities located with the Permit Area without prior written notice to the County and mutual acceptance of an assignment of the Permit, (3) conveyance of the real property or any part thereof benefited by the installation and operation of the utility facilities without prior written notice to the County and mutual acceptance of an assignment of the Permit,or(4)use of the utility facilities for the benefit of persons other than the owner/operator 13 in a manner that no longer constitutes a de-minimis use of the road right-of-way. D. Termination upon Removal of Utility Facilities. This Permit and all of the rights, duties and obligations contained herein, shall terminate upon removal of all Permittee utility facilities from the road right-of-way or abandonment and de-commissioning in place to the reasonable satisfaction of and in the manner approved by the County Engineer and restoration of the road right-of way to the satisfaction of the County Engineer. E. Effect of Termination. On or before the effective date of termination or as otherwise mutually agreed to by the Parties, Permittee shall remove its utility facilities from the road rights-of-way and restore the road rights-of-way to the reasonable satisfaction of the County Engineer. In lieu of removal, the County Engineer may authorize abandonment in place and de-commissioning of the utility facilities in the manner approved by and to the reasonable satisfaction of the County Engineer. In the event that the Permittee fails to timely and completely perform such work, the County may perform or complete such work at the cost of the Permittee and Permittee shall be obligated to reimburse the County for such work within 30 days of invoice by the County. F. Remedies. In addition to the right of the County to terminate this Permit,the County has the right to exercise any and all of the following remedies, singly or in combination,in the event of Default. "Default" shall mean any failure of Permittee or its agents to keep, observe or perform any of Permittee's or its agent's duties or obligations under this Permit: 1. Damages. Permittee shall be liable for any and all damages incurred by County. 2. Specific Performance. County shall be entitled to specific performance of each and every obligation of Permittee under this Permit without any requirement to prove or establish that County does not have an adequate remedy at law. Permittee hereby waives the requirement of any such proof and acknowledges that County would not have an adequate remedy at law for Permittee's commission of an Event of Default hereunder. 3. Injunction. County shall be entitled to restrain, by injunction, the actual or threatened commission or attempt of an Event of Default and to obtain a judgment or order specifically prohibiting a violation or breach of this Permit agreement without, in either case, being required to prove or establish that County does not have an adequate remedy at law. Permittee hereby waives the requirement of any such proof and acknowledges that County would not have an adequate remedy at law for Permittee's commission of an Event of Default hereunder. 4. Alternative Remedies. Neither the existence of other remedies identified in this Permit nor the exercise thereof shall be deemed to bar or otherwise limit the right of the County to commence an action for equitable or other relief and/or proceed against Permittee and any guarantor for all direct monetary damages,costs and expenses arising from the Default and to recover all such damages, costs and expenses, including reasonable attorneys' fees. 14 Remedies are cumulative;the exercise of one shall not foreclose the exercise of others. XVII. SUBSEQUENT ACTION The County reserves for itself the right at any time upon ninety(90) days written notice to the Permittee, to so change, amend, modify or amplify any of the provisions or conditions herein enumerated to conform to any state statute or county regulation, relating to the public welfare, health, safety or highway regulation, as may hereafter be enacted,adopted or promulgated. XVIII. ACCEPTANCE Permittee shall execute and return to County a signed acceptance of the Permit granted hereunder. The acceptance shall be in the form of the acceptance attached hereto as Exhibit "A", and in accepting the Permit, Permittee warrants that it has carefully read the terms and conditions of this Permit and accepts all of the terms and conditions of this Permit and agrees to abide by the same and acknowledges that it has relied upon its own investigation of all relevant facts, that it has had the assistance of counsel or an opportunity to have assistance of counsel, that it was not induced to accept a Permit, that this Permit represents the entire agreement between the Permittee and the County. In the event the Permittee fails to submit the acceptance as provided for herein within the time limits set forth in this section,the grant herein is and shall become null and void. XIX. RECORDING OF MEMORANDUM OF PERMIT The Parties agree that a"Memorandum of Permit"in substantially the form attached hereto as Exhibit"A",shall be filed for record with the Office of the Mason County Auditor upon written acceptance by the Permittee. The cost and expense of such filing shall be borne by the Permittee if not already included in the fee for issuance of this Permit. Notwithstanding the foregoing, this Permit is not intended nor shall it be construed to create an interest in land or constitute the grant or conveyance of a real property interest by the County to the Permittee. The requirements of this Section XIX are intended solely to provide notice of the existence of this Permit and the terms and conditions there under, including inter-alia, the limitations upon assignment of the Permit. Permittee shall at the time of its acceptance of this Permit identify the assessor's tax identification number of the parcel or parcels benefited by this Permit and a legal description of each such parcel to be included in the Memorandum of Permit. XX. MISCELLANEOUS PROVISIONS A. Controlling Law/Venue. Any disputes concerning the application or interpretation of any of the provisions of this Permit shall be governed by the laws of the State of Washington. Venue of any action or arbitration brought under this Permit shall be in Mason County, Washington or the Western District of Washington if an action is brought in federal court, provided;however,that venue of such action is legally proper. 15 B. Liens. Permittee shall promptly pay and discharge any and all liens arising out of any Work done, suffered or permitted to be done by Permittee on any Permit area. C. Waiver. No waiver by either party of any provision of this Permit shall in any way impair the right of such party to enforce that provision for any subsequent breach, or either party's right to enforce all other provisions of this Permit. D. Attorney's Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Permit, the substantially prevailing Party or Parties shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which such Party or Parties may be entitled. E. Amendment. This Permit may be amended only by a written contract signed by authorized representatives of Permittee and County of Mason. F. Severability. If any provision of this Permit is held to be illegal, invalid or unenforceable under present or future laws, such provision will be fully severable and this Permit will be construed and enforced as if such illegal, invalid or unenforceable provision is not a part hereof, and the remaining provisions hereof will remain in full force and effect. In lieu of any illegal, invalid or unenforceable provision herein, there will be added automatically as a part of this Permit, a provision as similar in its terms to such illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable. G. Joint and Several Liability. Permittee acknowledges that, in any case in which Permittee and Permittee's contractors are responsible under the terms of this Permit, such responsibility is joint and several as between Permittee and any such Permittee's contractors; provided that, the Permittee is not prohibited from allocating such liability as a matter of contract. H. Notices. Any notice contemplated, required, or permitted to be given under this Permit shall be sufficient if it is in writing and is sent either by: (a)registered or certified mail, return receipt requested; or (b) a nationally recognized overnight mail delivery service, to the Party and at the address specified below, except as such Party and address may be changed by providing no less than thirty (30) days' advance written notice of such change in address. Permittee: Einar Larson& Carlyn Rorke 5725 9th Drive W Everett, WA 98203 Attn: Einar Larson Grantor: Mason County Public Works 100 W Public Works Drive Shelton, WA 98584 16 I. Approvals. Nothing in this Permit shall be deemed to impose any duty or obligation upon the County to determine the adequacy or sufficiency of Permittee's plans and specifications or to ascertain whether Permittee's proposed or actual construction, installation, testing, maintenance, repairs, replacement, relocation, adjustment or removal is adequate or sufficient or in conformance with the plans and specifications reviewed by the County. No approval given, inspection made, review or supervision performed by the County pursuant to this Permit shall constitute or be construed as a representation or warranty express or implied by County that such item approved, inspected, or supervised, complies with laws, rules regulations or ordinances or this Permit or meets any particular standard, code or requirement, or is in conformance with the plans and specifications,and no liability shall attach with respect thereto. County and inspections as provided herein, are for the sole purpose of protecting the County's rights as the owner and manager of the road rights-of-way and shall not constitute any representation or warranty, express or implied, as to the adequacy of the design, construction, repair, or maintenance of the utility facilities, suitability of the permit area for construction, maintenance, or repair of the utility facilities, or any obligation on the part of the County to insure that work or materials are in compliance with any requirements imposed by a governmental entity. County is under no obligation or duty to supervise the design, construction,installation,relocation,adjustment,realignment,maintenance,repair,or operation of the utility facilities. J. Force Majeure. Neither Party hereto shall be liable to the other Party for any failure to perform an obligation set forth herein to the extent such failure is caused by war, act of terrorism or an act of God, provided that such Party has made and is making all reasonable efforts to perform such obligation and minimize any and all resulting loss or damage. K. Construction. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural,as the identity of the Party or Parties may require. The provisions of this Permit shall be construed as a whole according to their common meaning, except where specifically defined herein, not strictly for or against any party and consistent with the provisions contained herein in order to achieve the objectives and purposes of this Permit. L. Incorporation by Reference. All exhibits annexed hereto at the time of execution of this Permit or in the future as contemplated herein, are hereby incorporated by reference as though fully set forth herein. M. Calculation of Time. All periods of time referred to herein shall include Saturdays, Sundays,and legal holidays in the State of Washington,except that if the last day of any period falls on any Saturday, Sunday, or legal holiday in the State of Washington, the period shall be extended to include the next day which is not a Saturday, Sunday, or legal holiday in the State of Washington. 17 N. Entire Agreement. This Permit is the full and complete agreement of County and Permittee with respect to all matters covered herein and all matters related to the use of the Permit Area by Permittee and Permittee's Contractors, and this Permit supersedes any and all other agreements of the Parties hereto with respect to all such matters, including,without limitation, all agreements evidencing the Permit. O. No Recourse. Without limiting such immunities as the County or other persons may have under applicable law, Permittee shall have no monetary recourse whatsoever against the County or its officials, boards, commissions, agents, or employees for any loss or damage arising out of the County's exercising its authority pursuant to this Permit or other applicable law. P. Responsibility for Costs. Except as expressly provided otherwise, any act that Permittee is required to perform under this Permit shall be performed at its cost. If Permittee fails to perform work that it is required to perform within the time provided for performance, the County may perform the work and bill the Permittee. The Permittee shall pay the amounts billed within 30 days. Q. Work of Contractors and Subcontractors. Work by contractors and subcontractors are subject to the same restrictions, limitations, and conditions as if the Work was performed by the Permittee. The Permittee shall be responsible for all Work performed by its contractors and subcontractors, and others performing Work on its behalf, under its control, or under authority of its utility permit,as if the work were performed by it and shall ensure that all such work is performed in compliance with this Permit, Title 12 MCC, the Manual and other applicable law, and shall be jointly and severally liable for all damages and correcting all damage caused by them. It is the Permittee's responsibility to ensure that contractors, subcontractors, or other Persons performing work on the Permittee's behalf are familiar with the requirements of the Permit,Title 12 MCC,the Manual,and other applicable laws governing the work performed by them and further, for ensuring that such contractors and subcontractors maintain insurance as required herein. R. Survival of Terms. Upon the termination of the Permit,the Permittee shall no longer have the right to occupy the Permit area. However, the Permittee's obligations under this Permit to the County shall survive the termination of these rights according to its terms for so long as the Permittee's utility facilities shall remain in whole or in part in the road rights-of- way, except to the extent the County Engineer has approved abandonment in place. By way of illustration and not limitation, Permittee's obligations to indemnify, defend and hold harmless the County, provide insurance and a performance/payment bond pursuant to Section XI and Permittee's obligation to relocate its utility facilities pursuant to Section VIII, shall continue in effect as to the Permittee, notwithstanding any termination of the Permit, except to the extent that a County-approved transfer, sale, or assignment of the utility system is completed, and another entity has assumed full and complete responsibility for the utility facilities or for the relevant acts or omissions. 18 DATED at Shelton,Washington this day of , 20 APPROVED: BOARD OF COMMISSIONERS MASON COUNTY, WASHNGTON County Engineer Chair Approved as to form: Vice Chair Chief D.P.A. Commissioner 19 RECORDED AT THE REQUEST OF AND AFTER RECORDING RETURN TO: County of Mason 100 West Public Works Drive Shelton WA 98584 Attn: County Engineer EXHIBIT "A" MEMORANDUM OF PERMIT Title: Einar Larson and Carlyn Rorke Private Line Occupancy Permit Grantor: COUNTY OF MASON, a legal subdivision of the state of Washington Grantee: Einar Larson and Carlyn Rorke Description of Franchise Area: SEE EXHIBIT A-4 Parcel Number: 3220-50-013022 Legal Description: Great Bend Waterfront Tracts PCL 1 BLA#02-57 & Blk 3 TR 19 A-1 ACCEPTANCE OF PERMIT Private Line Utility Occupancy Permit effective 5 , 20 #2/ �lNR , L ARS6Al yd R0 F UWe, A amour the of parcel(s) and Uwe am/are the (Operator and) or(representative Ein/AR 1F/�S�•�J�'C�A1�'�YN �DTzff� authorized to) accept Permit on behalf of Uwe certify that this Permit and all terms and conditions thereof are accepted by without without qualification or reservation and guarantee performance hereunder. I/We certify that, to the best of my/our knowledge, the assessor's tax identification number of the parcel or parcels benefited by this Permit and a legal description of each such parcel are as described in the attached exhibit. DATED this day of , 20,Z1 . PERMITTEE(S) By: �. Title: ,�� STATE OF li ter, t 0 f-� ) ss. COUNTY OF I certify that I know or have satisfactory evidence thatCl t yA-r-tfj-i=�K°_ <��F �f.'t.. ' a r 1 �':r; is the person who appeared before me, and said person acknowledged that he/she signed this instrument,nstrument, on oath stated that he/she was authorized .to execute the instrument and acknowledged it as the TN C ' (_21(A I I C t • of the i r� j'1— to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dqtqop i SE NOTARY _ Notary. ubl'c N ' = Print Name�- ,p ti UBL IG\�o• 2; My commission expires I i J C- F'�P.11 I'L .' <O H //0F'WAS`\\�C`\�� It MEMORANDUM OF PRIVATE LINE UTILITY OCCUPANCY PERMIT A-2 MEMORANDUM OF PRIVATE LINE UTILITY OCCUPANCY PERMIT THIS MEMORANDUM OF PERMIT is dated as of the_day of , 20_ between the County of Mason, a legal subdivision of the state of Washington("County")and (Permittee"). 1. Property. County has, pursuant to Private Line Utility Occupancy Permit granted to Permittee, the right, revocable at the will of the County, to use and occupy certain road rights-of-way for the construction, installation, adjustment, maintenance, removal, repair, relocation and operation of Permittee's utility facilities for the benefit of the herein described Property, upon the terms and conditions of that certain permit agreement between the parties accepted the day of , 2020 (the "Permit"), which terms and conditions are incorporated herein by this reference. The property to be benefited by this permit is situated in the Mason County, Washington, legally described in Exhibit A attached hereto (herein called the"Property"). The road right-of-way permit area("Permit Area")is also described in attached Exhibit A. 2. Term. The term of the Permit is in perpetuity unless terminated. 3. Termination. County in its sole discretion may terminate all or part of the Permit with or without cause upon no less than ninety (90) days written notice to the Permittee. Further, this Permit will automatically terminate upon assignment without the prior written consent of the County, or upon transfer of the Property without the prior written consent of the County to an assignment of the Permit or upon transfer of all or part of the utility facilities located in the Permit Area without the prior written consent of the County to an assignment of the Permit. 4. Purpose of Memorandum of Permit. This memorandum of permit is prepared for the purpose of recordation and notice and in no way modifies the Permit and is in no way intended to or should be construed to create or convey an interest in land or the road right-of- way. DATED this day of ,20 COUNTY OF MASON County Engineer Approved as to form: Chief D.P.A. A-3 FORM OF MEMORANDUM OF PERMIT Permit Area Map A-4 FORM OF MEMORANDUM OF PERMIT Permit Area Map New Well 322207590191 - a) CD CD 0 ogo CL Shoe CD plE 32210 'T 1 801 NE NORTH HORE C 0 1 821 NE NORTH HORE• C 322?0500-3022 V1 891 NE ORTH HORE D 0 1 016851 NE NORTH SHO E RD I I Einar Larson & Carlyn Rorke PLO1 A-4 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Mike Collins P.E, County Engineer DEPARTMENT: Public Works EXT: 450 BRIEFING DATE: May, 24 2021 INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources X Legal ❑ Other — please explain ITEM: Private Line Occupancy Permit EXECUTIVE SUMMARY: Silask (Si) Smith has applied for a Private Line Occupancy Permit for an existing underground waterline from an old nine (9) parry cistern on the other side of North Shore Road. The homeowner's property is located at 16161 NE North Shore Road (parcel number 32220-50-01007). The permit will only cover the existing waterline that runs under the North Shore Road (see attached map). BUDGET IMPACT: An application fee of $200 has been paid to process the proposed Private Line Occupancy Permit. RECOMMENDED OR REQUESTED ACTION: Recommend the Board approve the Private Line Occupancy Permit granting permission for the existing waterline running under and across NE North Shore Road for address 16161, parcel number 32224-50-01007. Attachments: 1. PLO (Page A-4, Area Map) IN THE MATTER OF THE APPLICATION OF Silas K. Smith FOR A PRIVATE LINE UTILITY OCCUPANCY PERMIT TO CONSTRUCT, OPERATE, AND MAINTAIN Waterline ALONG AND UNDER North Shore Road. A COUNTY MAINTAINED ROAD LOCATED IN MASON COUNTY, WASHINGTON Application of Silas K.Smith with principal residence located at 16161 NE North Shore Road Tahuya,WA 98588,by and through Silas K.Smith,for a private line utility occupancy permit to construct, operate and maintain a private waterline under county roads and highways in Mason County, Washington, as set forth in attached Exhibit "A", having come before the County Commissioners of Mason County, Washington during a regularly scheduled public meeting, on the 8t' day of June, 2021, and that it is in the public interest to allow the private line utility occupancy permit herein granted; NOW THEREFORE, IT IS ORDERED that a non-exclusive private line utility occupancy permit be, and the same is hereby given and granted to operator,and its successors and assigns, hereinafter referred to as the "Permittee", for a period commencing from and after the date of the entry of this order for the purposes, at the location(s), and upon the express terms and conditions as described herein, and terminating as provided herein. I. DEFINITIONS For the purposes of this private line utility occupancy permit, terms, phrases, words, and their derivations not defined herein that are defined in Title 12 of the Mason County Code or the Manual on Accommodating Utilities in the Mason County Right-of-Way published by the County Engineer(the"Manual"), shall have the same meaning or be interpreted as provided in Title 12 of the Mason County Code or the Manual. Words not defined here, in Title 12 of the Mason County Code or the Manual shall have their ordinary meaning. A reference to Title 12 of the Mason County Code or the Manual refers to the same as may be amended, revised, updated, re-enacted or re-codified from time to time. II. GRANT The County of Mason(hereafter the"County")hereby grants to the Permittee a non-exclusive private line utility occupancy permit(hereinafter"Permit")which, once it becomes effective shall authorize the Permittee to enter upon the road rights-of-way located within the Permit Area for the purpose of maintaining, repairing,replacing, which grant shall be limited to the following described purpose(s): Existing waterline service along and under North Shore Road to serve parcel number: 3220-50-01007 . 1 Such grant is subject to and must be exercised in strict accordance with and subject to this Permit, Title 12 of the Mason County Code, the Manual and all applicable laws, rules, regulations and ordinances. Permittee's exercise of any rights granted pursuant to the Permit is subject to the exercise of the County's police powers, and other regulatory powers as it may have or obtain in the future. No rights shall pass to the Permittee by implication. This Permit does not include permission to enter into or upon the road rights-of-way for any purposes others than the purposes expressly described herein. Permittee has a duty to notify the County of any change in use or condition of the utility facilities that may affect the status of the utility facilities as (a)private line(s)or the impact of the utility facilities upon the road rights-of-way. III. UTILITY PERMIT REQUIRED Permittee shall not commence or perform work to install, construct, maintain repair, replace adjust, connect, disconnect, rebuild, or relocate its utility facilities within the road rights-of- way (hereafter collectively or individually the "Work"), without first applying for, paying all associated fees, and obtaining a utility permit as required pursuant to Title 12 of the Mason County Code. In any utility permit so issued, the County may impose, as a condition of the granting the utility permit, such conditions and regulations as may be necessary for the protection, preservation and management of the road rights-of-way, including, by way of example and not limitation, for the purpose of protecting any structures in the road rights-of-way, maintaining proper distance from other utilities, ensuring the proper restoration of such road rights-of-way and structures, and for the protection of the County and the public and the continuity of pedestrian and vehicular traffic. Permittee shall first file with the County Engineer its application for a utility permit to do such Work together with plans and specifications showing at a minimum: A. The position, depth and location of all such utility facilities sought to be constructed, laid, installed or erected at that time, showing their relative position to existing county roads, rights-of-way or other county property upon plans drawn to scale, hereinafter collectively referred to as the"map of definite location; B. The class and type of material and equipment to be used, manner of excavation, construction, installation, backfill, erection of temporary structures, erection of permanent structures,traffic control, traffic turnouts and road obstructions; C. The manner in which the utility facility is to be installed; D. Measures to be taken to preserve safe and free flow of traffic; E. Structural integrity of the roadway, bridge, or other structure; F. Specifications for the restoration of the county road, right-of-way or other county property in the event that the road right of way will be disturbed by the Work; and 2 G. Provision for ease of future road maintenance and appearance of the roadway. Provision shall be made for known or planned expansion of the utility facilities, particularly those located underground or attached to bridges or other structures within the road right-of- way. The location,alignment and depth of the utility facilities shall conform with said map of definite location, except in instances in which deviation may be allowed thereafter in writing by the County Engineer pursuant to application by Permittee. All such Work shall be subject to the approval of and shall pass the inspection of the County Engineer. The Permittee shall pay all costs of and expenses incurred in the examination, inspection and approval of such work on account of granting the said utility permits. IV. RESTORATION OF ROAD RIGHT OF WAY In any Work which disturbs or causes damage to the road rights-of-way subject to this Permit, public or private property,the Permittee shall at its own expense and with all convenient speed, complete the work to repair and restore the county road right-of-way, or the public or private property so disturbed or damaged, and leave the same in as good or better condition as before the Work was commenced, to the reasonable satisfaction of the County Engineer. The Permittee shall pay all costs of and expenses incurred in the examination, inspection and approval of such restoration or repair. The County Commissioners and/or County Engineer may at any time do, order or have done any and all work that they consider necessary to restore to a safe condition such County road right-of-way or other County property left by the Permittee or its agents in a condition dangerous to life or property, and the Permittee,upon demand, shall pay to the County all costs of such work. V. PERMITTEE WORK IN RIGHT OF WAY Permittee expressly agrees and understands that,with regard to Work within the road rights-of- way: A. All of Permittee's utility facilities and Work within the road rights-of-way or other County property shall be performed in compliance with the provisions of Title 12 MCC, the Manual, the administrative regulations adopted by the County Engineer, other County-established requirements for placement of utility facilities in road rights-of-way, including the specific location of utility facilities in the road rights-of-way, and all applicable laws,rules,regulations and ordinances; B. In preparing plans and specifications for the Work the Permittee shall use the Manual. Prior to commencement of any Work, Permittee shall submit such plans and specifications to the County Engineer for review and approval together with the adequate exhibit depicting the existing or proposed location of the utility facility in relation to the road, 3 including right-of-way or easement lines; relationship to currently planned road revisions, if applicable; and all locations and situations for which deviations in depth of cover (including the proposed method of protection)or other locational standards that are anticipated; C. All Work subject to this Permit shall be done in such a manner as not to interfere, other than in ways approved by the County, with the construction, operation and maintenance of other utilities,public or private,drains,drainage ditches and structures,irrigation ditches and structures, located therein,nor with the grading or improvements of such County roads,rights- of-way or other County property; D. The owners and operators of all utility facilities (public or private) installed in the Permit Area or other county property prior in time to the utility facilities of the Permittee, shall have preference as to the alignment and location of such utilities so installed with respect to the Permittee. Such preference shall continue in the event of the necessity of relocating or changing the grade of any such county road or right-of-way; E. Permittee shall perform the Work and operate its utility facilities in a manner that minimizes interference with the use of the road rights-of-way by others, including others that may be installing utility facilities; and F. The County may require that Permittee's utility facilities be installed at a particular time, at a specific place, or in a particular manner as a condition of access to a particular road or road right-of-way;may deny access if a Permittee is not willing to comply with the County's requirements; and may remove,or require removal of,any utility facility that is not installed in compliance with the requirements established by the County,or which is installed without prior County approval of the time, place, or manner of installation and charge the Permittee for all the costs associated with removal; and may require Permittee to cooperate with others to minimize adverse impacts on the road and road rights-of-way through joint trenching and other arrangements. G. The County may inspect the utility facilities at any time reasonable under the circumstances to ensure compliance with this Permit and applicable law, including to ensure that the private line utility facilities are constructed and maintained in a safe condition. If an unsafe condition is found to exist, the County, in addition to taking any other action permitted under applicable law, may order the Permittee, in writing, to make the necessary repairs and alterations specified therein forthwith to correct the unsafe condition on a time-table established by the County which is reasonable in light of the unsafe condition. The County has the right to correct, inspect, administer, and repair the unsafe condition if the Licensee fails to do so, and to charge the Permittee therefor. The right of the County to conduct such inspections and order or make repairs shall not be construed to create an obligation therefore, and such obligation to construct and maintain its utility facilities in a safe condition shall at all times remain the sole obligation of the Permittee. 4 H. When required by the County, Permittee shall make information available to the public regarding any Work involving the ongoing installation, construction, adjustment, relocation, repair or maintenance of its utility facilities sufficient to show(1)the nature of the work being performed; (2) where it is being performed; (3) its estimated completion date; and (4)progress to completion. I. PERMITTEE IS PLACED ON NOTICE THAT FIBER OPTIC COMMUNICATIONS, POWER, CONTROL SYSTEMS, OTHER TYPES OF CABLES AND PIPELINES MAY BE BURIED ON THE RIGHT OF WAY. Before beginning any underground work,Permittee will contact the appropriate personnel to have such facilities located and make arrangements as to protective measures that must be adhered to prior to the commencement of any work within the road and road rights-of-way. In addition to the liability terms elsewhere in this Agreement, Permittee shall indemnify and hold the County and its elected and appointed officers, employees and agents harmless against and from all cost, liability, and expense whatsoever (including,without limitation,attorney's fees and court costs and expenses)arising out of or in any way contributed to by any act or omission of Permittee, its contractor, agents and/or employees,that cause or in any way or degree contribute to(1)any damage to or destruction of any such facilities by Permittee,and/or its contractor,agents and/or employees,on the County's property,(2) any injury to or death of any person employed by or on behalf of any entity,and/or its contractor,agents and/or employees,on the road rights-of-way,and/or(3) any claim or cause of action for alleged loss of profits or revenue, or loss of service, by a customer or user of services or products of such company(ies). J. Permittee shall continuously be a member of the State of Washington one number locator service under RCW 19.122, or an approved equivalent, and shall comply with all such applicable rules and regulations. K. Except in the event of emergency as described below, Permittee and its agents may not enter upon the permit area to perform work for which a utility permit is required,unless and except upon two-business days notice to the County Engineer. L. In the event of an emergency involving the threat of imminent harm to persons or property, and for purposes of taking immediate corrective action, Permittee and its agents may enter the Permit Area without advance notice to the County as long as such entry is for the sole purpose of addressing the emergency; provided however, that if any entry for such purposes would require issuance of a utility permit, Permittee shall give the County verbal or telephonic notice of the places where and the manner in which entry is required prior to such entry, promptly followed by written notice. In all cases, notice to the County shall be given as far in advance as practical prior to entry or as soon as practicable after entry upon the road right-of- way- M. Permittee shall promptly reimburse the County for its reasonable and direct costs incurred in responding to an emergency that is caused,created by or attributable to the presence, construction,maintenance,repair,or operation of Permittee's utility facilities in the road rights- 5 of-way. N. If, during any Work, Permittee or its agents discover scientific or historic artifacts, Permittee or its agents shall immediately notify the County of said discovery and shall protect such artifacts in a manner as specified by the County. Any such artifact shall be the property of the County if the County wishes to own it. VI. PROTECTION OF PUBLIC All Work done under this Permit shall be done in a thorough and workman-like manner. In the performance of any Work, including without limitation, the opening of trenches and the tunneling under county roads, right-of way or other county property, the Permittee shall leave such trenches, ditches and tunnels in such a way as to interfere as little as possible with public travel and shall take all due and necessary precautions to guard the same, so that damage or injury shall not occur or arise by reason of such Work; and where any of such trenches,ditches and tunnels are left open at night,the Permittee shall place warning lights,barricades and other appropriate protective devices at such a position as to give adequate warning of such Work. The Permittee shall be liable for any injury to person or persons or damage to property sustained arising out of its carelessness or neglect, or through any failure or neglect to properly guard or give warning of any trenches,ditches or tunnels dug or maintained by the Permittee. VII. POLICE POWERS The County,in granting this Permit,does not waive any rights which it now has or may hereafter acquire with respect to county roads, rights-of-way or other county property and this Permit shall not be construed to deprive the county of any powers, rights or privileges which it now has or may hereafter acquire to regulate the use of and to control the county roads,right-of-way and other county property covered by this Permit. The County retains the right to administer and regulate activities of the Permittee up to the fullest extent of the law. The failure to reserve a particular right to regulate, or reference a particular regulation, shall not be interpreted by negative implication or otherwise to prevent the application of a regulation to the Permittee. VIII. RELOCATION Permittee shall, in the course of any Work, comply with the following requirements: A. The Permittee shall,by a time specified by the County,protect,support,temporarily disconnect, relocate, or remove any of its utility facilities when required by the County by reason of traffic conditions; public safety; road right-of-way construction; road right-of-way repair (including resurfacing or widening); change of road right-of-way grade; construction, installation, or repair of County-owned sewers, drains, water pipes, power lines, signal lines, tracks, communications system, other public work, public facility, or improvement of any government-owned utility; road right-of-way vacation; or for any other purpose where the County work involved would be aided by the removal or relocation of the utility facilities. Collectively, such matters are referred to below as the "public work." 6 Permittee acknowledges and understands that any delay by Permittee in performing the above described work may delay, hinder, or interfere with the work performed by the County and its contractors and subcontractors done in furtherance of such Public Work and result in damage to the County, including but not limited to, delay claims. Permittee shall cooperate with the County and its contractors and subcontractors to coordinate such Permittee work to accommodate the Public Work project and project schedules to avoid delay, hindrance of, or interference with the Public Work. The County shall make available to the Permittee a copy of the Six Year Transportation Program and the County's annual construction program after adoption each year. It is anticipated these programs will aid the Permittee in planning construction programs. B. Permittee has a duty to protect its utility facilities from work performed by the County within the road rights-of-way. The rights granted to the Permittee herein do not preclude the County, its employees, contractors, subcontractors, and agents from blasting, grading, excavating, or doing other necessary road work contiguous to Permittee's utility facilities; providing that, the Permittee shall be given a minimum of forty-eight (48) hours notice of said blasting or other work in order that the Permittee may protect its utility facilities. C. In the event of an emergency, or where the utility facility creates or is contributing to an imminent danger to health, safety, or property, the County may protect, support, temporarily disconnect, remove, or relocate any or all parts of the utility facility without prior notice, and charge the Permittee for costs incurred. D. If any Person that is authorized to place facilities in the road right of way requests the Permittee to protect, support, temporarily disconnect, remove, or relocate the Permittee's utility facilities to accommodate the construction, operation, or repair of the facilities of such other person,the Permittee shall,after 30 days'advance written notice,take action to effect the necessary changes requested; provided that, if such project is related to or competes with Permittee's service, or if the effect of such changes would be to permanently deprive Permittee of the beneficial enjoyment of this Permit for its intended purposes through interference with the operation of Permittee's utility facilities or otherwise, Permittee shall not be required to relocate its utility facilities. Unless the matter is governed by a valid contract or a state or federal law or regulation, or unless the Permittee's utility facilities were not properly installed, the reasonable cost of the same shall be borne by the Person requesting the protection, support, temporary disconnection,removal,or relocation at no charge to the County,even if the County makes the request for such action. E. The Permittee shall, on the request of any person holding a valid permit issued by a governmental authority, temporarily raise or lower its wires to permit the moving of buildings or other objects. The expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting the same. 7 The County of Mason will accept liability for direct and actual damages to said Permittee that are the result of the negligence of Mason County, its trustees, officers, employees, contractors, subcontractors or agents while performing County improvement or Public Works projects enumerated in Section VIII, paragraph B. Direct and actual damages are specifically limited to physical damage to properly installed and located infrastructure of the Permittee and the cost to repair such physical damage. Mason County retains the right to assert all applicable defenses in the event of a dispute including contributory_negligence on the part-of the Permittee. Mason County shall in no way be liable for incidental damages claimed to arise from such actions. All Work to be performed by the Permittee under this section shall pass the inspection of the County Engineer. The Permittee shall pay all costs of and expenses incurred in the examination, inspection and approval of such work. IX. PRESERVATION OF MONUMENTS/MARKERS Before any Work is performed under this permit which may affect any existing monuments or markers of any nature relating to subdivisions,plats,roads and all other surveys, the Permittee shall reference all such monuments and markers. The reference points shall be so located that they will not be disturbed during the Permittee's Work and operations under this Permit. The method of referencing these monuments or other points to be referenced shall be approved by the County Engineer. The replacement of all such monuments or markers disturbed during construction shall be made as expeditiously as conditions permit in accordance with RCW 58.24 and WAC 332-120, and as directed by the County Engineer. The cost of monuments or other markers lost, destroyed,or disturbed, and the expense of replacement by approved monuments shall be borne by the Permittee. A complete set of reference notes for monument and other ties shall be filed with the office of the Mason County Engineer. X. VACATION OF ROAD RIGHT-OF-WAY If at any time the County shall vacate any County road or right-of-way or other County Property which is subject to rights granted by this Permit and said vacation shall be for the purpose of acquiring the fee or other property interest in said road or right-of-way for the use of the County, in either its proprietary or governmental capacity, then the Board of Mason County Commissioners may,at its option,and by giving thirty(30)days written notice to the Permittee, terminate this Permit with reference to such county road right-of-way or other County property so vacated,and the County of Mason shall not be liable for any damages or loss to the Permittee by reason of such termination. It has been the practice of Mason County to reserve easements for utilities at the time of road vacation, and will continue to be the practice until such time the Board of Mason County Commissioners direct a change of practice. 8 XI. FINANCIAL SECURITY A. Insurance It is intended that the following insurance requirements shall apply to the person performing the Work in the road right-of-way. Permittee and Permittee's contractors shall not perform or cause to be performed any Work, unless and until Permittee (to the extent Permittee performs any of the Work in the road right-of-way) or its contractors (to the extent Permittee's contractor performs any of the Work in the road right-of-way) provide certificates of insurance evidencing that Permittee or Permittee's contractors are in compliance with the following requirements, including,maintaining insurance in at least in the following amounts: 1. COMMERCIAL GENERAL LIABILITY insurance to cover liability, bodily injury, and property damage. The Commercial General Liability insurance shall be written on an occurrence basis, with an aggregate limit location endorsement for the Permit Area, and shall provide coverage for any and all costs, including defense costs, and losses and damages resulting from personal injury, bodily injury and death, property damage, products liability and completed operations arising out of the Work. Coverage must be written with the following limits of liability: Bodily and Personal Injury &Property Damage $ 1,000,000 per Occurrence $ 2,000,000 aggregate 2 WORKERS'COMPENSATION insurance shall be maintained by Permittee's contractor to comply with statutory limits for all employees, and in the case any work is sublet, the contractor shall require its subcontractors similarly to provide workers' compensation insurance for all the employees. 3. COMPREHENSIVE AUTO LIABILITY insurance shall include owned, hired, and non-owned vehicles on an occurrence basis with coverage of at least $500,000 per occurrence. The required insurance shall be maintained from the time that Work in the road right-of-way commences until the Work is complete and the utility permit issued for said Work has been released by the County Engineer, or his or her designee. If the Permittee or its contractors and subcontractors do not have the required insurance, the County may require such entities to stop operations until the insurance is obtained and approved. Permittee shall, or shall cause its contractors to, file with the application for a utility permit, certificates of insurance reflecting evidence of the required insurance in a form and content approved by the County's Risk Manager. All coverage shall be listed on one certificate with the same expiration dates. 9 The certificates shall contain a provision that coverages afforded under these policies will not be canceled until at least 30 days'prior written notice has been given to the County. In the event that the insurance certificate provided indicates that the insurance shall terminate or lapse during the period of the Work, then, in that event, the Permittee shall furnish, at least 30 days prior to the expiration of the date of such insurance, a renewed certificate of insurance as proof that equal and like coverage has been or will be obtained prior to any such lapse or termination during the balance of the period of the Permit. The County reserves the right, during the term of the Permit, to require any other insurance coverage or adjust the policy limits as it deems reasonably necessary utilizing sound risk management practices and principals based upon the loss exposures. Each insurance policy required pursuant to this Permit shall be primary and non-contributing as respects any coverage maintained by the County and shall include an endorsement reflecting the same. Any other coverage maintained by County shall be excess of this coverage herein defined as primary and shall not contribute with it. The certificate of insurance must reflect that the above wording is included in all such policies. Each insurance policy obtained pursuant to this Permit shall be issued by financially sound insurers who may lawfully do business in the State of Washington with a financial rating at all times during coverage of no less than rating of"A" and a class of"X" or better in the latest edition of`Best's Key Rating Guide"published by A.M. Best Company,or such other financial rating or rating guide approved in writing by the County's risk manager. In the event that at any time during coverage, the insurer does not meet the foregoing standards, Permittee shall give or shall cause its contractors to give prompt notice to the County and shall seek coverage from an insurer that meets the foregoing standards. The County reserves the right to change the rating or the rating guide depending upon the changed risks or availability of other suitable and reliable rating guides. Comprehensive general liability insurance policies and coverage obtained pursuant to this Permit shall include an endorsement (standard ISO form CG 24-17) deleting all exclusions for work or incidents occurring within any distance from a railroad track or railroad property, or on,over, or under a railroad track. Insurance policies required pursuant to this Permit shall have no non-standard exclusions unless approved of by the County Risk Manager or designee. Commercial general liability insurance policies obtained pursuant to this Permit shall name the County as an additional insured without limitation,pursuant to an endorsement approved of by the County's Risk Manager or designee. Permittee or Permittee's Contractors' insurers, through policy endorsement, shall waive their rights of subrogation against the County for all claims and suits. The certificate of insurance 10 must reflect this waiver of subrogation rights endorsement. B. Contractor Bond. All contractors performing Work on behalf of Permittee shall be licensed and bonded. C. Limitation of Liability. to the fullest extent permitted by law, permittee shall, and shall cause its contractor(s) only as to subsection (9) below, to release, indemnify, defend and hold harmless the county and the county's legal representatives,officers(elected or appointed), employees and agents (collectively, "indemnitees") for, from and against any and all claims, liabilities, fines, penalties, costs, damages, losses, liens, causes of action, suits, demands, judgments and expenses (including, without limitation, court costs, attorneys' fees, and costs of investigation,removal and remediation and governmental oversight costs),environmental or otherwise(collectively"liabilities")of any nature, kind, or description, of any person or entity, directly or indirectly, arising out of,resulting from, or related to (in whole or in part): 1. this permit; 2. any rights or interests granted pursuant to this permit; 3. permittee's occupation and use of the road right of way; 4. permittee's operation of its utility facilities; 5. the presence of utility facilities within the right of way; 6. the environmental condition and status of the road right-of-way caused by, aggravated by, or contributed to, in whole or in part,by permittee or its agents; or 7. the acts,errors,or omissions of third parties when arising out of the,installation, construction, adjustment, relocation, replacement, removal, or maintenance of such third party utility facilities within the road rights-of-way when such work is performed under authority of the operator's utility permit or at the direction or under the control of the operator; or 8. any act or omission of permittee or permittee's agents; or 9. any act or omission of contractor or its employees, agents, or subcontractors when arising out of the work. Even if such liabilities arise from or are attributed to, in whole or in part,any negligence of any indemnitee. The only liabilities with respect to which permittee's obligation to indemnify the indemnitees does not apply are liabilities to the extent proximately caused by the sole negligence or intentional misconduct of an indemnitee or for liabilities that by law the indemniteees cannot be indemnified for. 11 Upon written notice from the county, permittee agrees to assume the defense of any lawsuit or other proceeding brought against any indemnitee by any entity, relating to any matter covered by this permit for which permittee has an obligation to assume liability for and/or save and hold harmless any indemnitee. Permittee shall pay all costs incident to such defense, including, but not limited to, attorneys' fees, investigators' fees, litigation and appeal expenses, settlement payments and amounts paid in satisfaction of judgments. Permittee will fully satisfy said judgment within ninety (90)days after said suit or action shall have finally been determined if determined adversely to mason county. upon the permittee's failure to satisfy said judgment within the ninety (90) day period, this permit shall at once cease and terminate and the county of mason shall have a lien upon permittee's utility facilities and all other facilities used in the construction, operation and maintenance of the permittee's utility system which may be enforced against the property for the full amount of any such judgment so taken against any of the indemnitees Acceptance by the County of any Work performed by the Permittee at the time of completion shall not be grounds for avoidance of this covenant. XII. PERMIT NONEXCLUSIVE This Permit shall not be deemed to be an exclusive Permit. It shall in no manner prohibit the County of Mason from granting rights to other utilities under,along,across,over and upon any of the County roads, rights-of-way or other County property subject to this Permit and shall in no way prevent or prohibit the County of Mason from constructing, altering, maintaining or using any of said roads rights-of-way, drainage structures or facilities, irrigation structures or facilities, or any other county property or affect its jurisdiction over them or any part of them with full power to make all necessary changes,relocations,repairs,maintenance,etc.,the same as the County may deem fit. XIII. SUCCESSORS AND ASSIGNS All the provisions, conditions, regulations and requirements herein contained shall be binding upon the successors and assigns of the Permittee and all privileges, as well as all obligations and liability of the Permittee, shall inure to its successors and assigns equally as if they were specifically mentioned wherever the Permittee is mentioned. Any reference in this Permit to a specifically named party shall be deemed to apply to any successor, heir, administrator, executor or assign of such party who has acquired its interest in compliance with the terms of this Permit or under law. XIV. TRANSFER/ASSIGNMENT Permittee may assign or transfer this Permit by contacting the County of Mason to obtain an Assignment Agreement. The Agreement must be signed and delivered back to the County of Mason. Assignees shall thereafter be responsible for all obligations of Permittee with respect to the Permit and guaranteeing performance under the terms and conditions of the Permit and that transferee will be bound by all the conditions of the Permit and will assume all the 12 obligations of its predecessor. Such an assignment shall relieve the Permittee of any further obligations under the Permit, including any obligations not fulfilled by Permittee's assignee; provided that, the assignment shall not in any respect relieve the Permittee, or any of its successors in interest, of responsibility for acts or omissions, known or unknown, or the consequences thereof, which acts or omissions occur prior to the time of the assignment. No Permit may be assigned or transferred without filing or establishing with the county the insurance certificates, security fund and performance bond as may be required pursuant to this Permit. XV. ANNEXATION Whenever any of the County road rights-of-way or other county property as designated in this Permit,by reason of the subsequent incorporation of any town or city,or extension of the limits of any town or city, shall fall within the city or town limits; then, except to the extent allowed by law, this Permit shall terminate in respect to the said roads, rights-of-way or other county property so included with city or town limits; but this Permit shall continue in force and effect to all county road rights-of-way or other county property not so included in city or town limits. XVI. TERM/TERMINATION/REMEDIES A. Term. This Permit shall commence upon acceptance by the Permittee as provided at Section XVIII herein and continue in PERPETUITY until terminated or otherwise superseded by a subsequent franchise, private line utility occupancy permit, master road use permit or other agreement of the Parties. In the event that it is determined by a court of competent jurisdiction that, as a matter or law, the term provided for herein is unlawful, this Permit shall be deemed to have a term for the maximum period allowed by law, and if no such maximum period is readily and easily capable of being identified, for a term of not longer than fifty(50)years. B. Termination by County. Permittee has elected to obtain a Permit in lieu of a franchise agreement. Permittee understands and agrees that,unlike a franchise,this Permit may be terminated by the County with or without cause. This means that the County is not required to have or provide a reason for the termination and that the County may terminate this Permit in its sole discretion without penalty to the County and regardless of whether or not Permittee is or is not in default;provided that,the County may not terminate this Permit for a reason that is unlawful. The Parties agree that the only condition of termination by the County of this Permit is that the County must give not less than ninety(90)days written notice to the Permittee of termination. The County Engineer is authorized to exercise the right of the County to terminate this Permit. C. Termination upon Transfer/Assignment/Conveyance. This Permit shall automatically terminate upon: (1)assignment of the Permit without the prior written consent of the County in substantially the form of an Assignment Agreement (obtained by request), (2) transfer of the utility facilities located with the Permit Area without prior written notice to the County and mutual acceptance of an assignment of the Permit, (3) conveyance of the real property or any part thereof benefited by the installation and operation of the utility facilities 13 without prior written notice to the County and mutual acceptance of an assignment of the Permit,or(4)use of the utility facilities for the benefit of persons other than the owner/operator in a manner that no longer constitutes a de-minimis use of the road right-of-way. D. Termination upon Removal of Utility Facilities. This Permit and all of the rights, duties and obligations contained herein, shall terminate upon removal of all Permittee utility facilities from the road right-of-way or abandonment and de-commissioning in place to the reasonable satisfaction of and in the manner approved by the County Engineer and restoration of the road right-of way to the satisfaction of the County Engineer. E. Effect of Termination. On or before the effective date of termination or as otherwise mutually agreed to by the Parties, Permittee shall remove its utility facilities from the road rights-of-way and restore the road rights-of-way to the reasonable satisfaction of the County Engineer. In lieu of removal, the County Engineer may authorize abandonment in place and de-commissioning of the utility facilities in the manner approved by and to the reasonable satisfaction of the County Engineer. In the event that the Permittee fails to timely and completely perform such work, the County may perform or complete such work at the cost of the Permittee and Permittee shall be obligated to reimburse the County for such work within 30 days of invoice by the County. F. Remedies. In addition to the right of the County to terminate this Permit,the County has the right to exercise any and all of the following remedies, singly or in combination, in the event of Default. "Default" shall mean any failure of Permittee or its agents to keep, observe or perform any of Permittee's or its agent's duties or obligations under this Permit: 1. Damages. Permittee shall be liable for any and all damages incurred by County. 2. Specific Performance. County shall be entitled to specific performance of each and every obligation of Permittee under this Permit without any requirement to prove or establish that County does not have an adequate remedy at law. Permittee hereby waives the requirement of any such proof and acknowledges that County would not have an adequate remedy at law for Permittee's commission of an Event of Default hereunder. 3. Injunction. County shall be entitled to restrain, by injunction, the actual or threatened commission or attempt of an Event of Default and to obtain a judgment or order specifically prohibiting a violation or breach of this Permit agreement without, in either case, being required to prove or establish that County does not have an adequate remedy at law. Permittee hereby waives the requirement of any such proof and acknowledges that County would not have an adequate remedy at law for Permittee's commission of an Event of Default hereunder. 4. Alternative Remedies. Neither the existence of other remedies identified in this Permit nor the exercise thereof shall be deemed to bar or otherwise limit the right of the County to commence an action for equitable or other relief and/or proceed against Permittee 14 and any guarantor for all direct monetary damages,costs and expenses arising from the Default and to recover all such damages, costs and expenses, including reasonable attorneys' fees. Remedies are cumulative;the exercise of one shall not foreclose the exercise of others. XVII. SUBSEQUENT ACTION The County reserves for itself the right at any time upon ninety (90) days written notice to the Permittee, to so change, amend, modify or amplify any of the provisions or conditions herein enumerated to conform to any state statute or county regulation, relating to the public welfare, health, safety or highway regulation, as may hereafter be enacted, adopted or promulgated. XVIII. ACCEPTANCE Permittee shall execute and return to County a signed acceptance of the Permit granted hereunder. The acceptance shall be in the form of the acceptance attached hereto as Exhibit "A", and in accepting the Permit, Permittee warrants that it has carefully read the terms and conditions of this Permit and accepts all of the terms and conditions of this Permit and agrees to abide by the same and acknowledges that it has relied upon its own investigation of all relevant facts, that it has had the assistance of counsel or an opportunity to have assistance of counsel, that it was not induced to accept a Permit, that this Permit represents the entire agreement between the Permittee and the County. In the event the Permittee fails to submit the acceptance as provided for herein within the time limits set forth in this section,the grant herein is and shall become null and void. XIX. RECORDING OF MEMORANDUM OF PERMIT The Parties agree that a"Memorandum of Permit" in substantially the form attached hereto as Exhibit"A",shall be filed for record with the Office of the Mason County Auditor upon written acceptance by the Permittee. The cost and expense of such filing shall be borne by the Pennittee if not already included in the fee for issuance of this Permit. Notwithstanding the foregoing, this Permit is not intended nor shall it be construed to create an interest in land or constitute the grant or conveyance of a real property interest by the County to the Permittee. The requirements of this Section XIX are intended solely to provide notice of the existence of this Permit and the terms and conditions there under, including inter-alia, the limitations upon assignment of the Permit. Permittee shall at the time of its acceptance of this Permit identify the assessor's tax identification number of the parcel or parcels benefited by this Permit and a legal description of each such parcel to be included in the Memorandum of Permit. XX. MISCELLANEOUS PROVISIONS A. Controlling Law/Venue. Any disputes concerning the application or interpretation of any of the provisions of this Permit shall be governed by the laws of the State of Washington. Venue of any action or arbitration brought under this Permit shall be in Mason County, Washington or the Western District of Washington if an action is brought in federal court, provided; however,that venue of such action is legally proper. 15 B. Liens. Permittee shall promptly pay and discharge any and all liens arising out of any Work done, suffered or permitted to be done by Permittee on any Permit area. C. Waiver. No waiver by either party of any provision of this Permit shall in any way impair the right of such party to enforce that provision for any subsequent breach, or either party's right to enforce all other provisions of this Permit. D. Attorney's Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Permit, the substantially prevailing Party or Parties shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which such Party or Parties may be entitled. E. Amendment. This Permit may be amended only by a written contract signed by authorized representatives of Permittee and County of Mason. F. Severability. If any provision of this Permit is held to be illegal, invalid or unenforceable under present or future laws, such provision will be fully severable and this Permit will be construed and enforced as if such illegal, invalid or unenforceable provision is not a part hereof, and the remaining provisions hereof will remain in full force and effect. In lieu of any illegal, invalid or unenforceable provision herein,there will be added automatically as a part of this Permit, a provision as similar in its terms to such illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable. G. Joint and Several Liability. Permittee acknowledges that, in any case in which Permittee and Permittee's contractors are responsible under the terms of this Permit, such responsibility is joint and several as between Permittee and any such Permittee's contractors; provided that, the Permittee is not prohibited from allocating such liability as a matter of contract. H. Notices. Any notice contemplated, required, or permitted to be given under this Permit shall be sufficient if it is in writing and is sent either by: (a)registered or certified mail, return receipt requested; or (b) a nationally recognized overnight mail delivery service, to the Party and at the address specified below, except as such Party and address may be changed by providing no less than thirty (30)days'advance written notice of such change in address. Permittee: Silas K. Smith 16161 NE North Shore Road Tahuya, WA 98588 Attn: Si Smith Grantor: Mason County Public Works 100 W Public Works Drive Shelton, WA 98584 16 I. Approvals. Nothing in this Permit shall be deemed to impose any duty or obligation upon the County to determine the adequacy or sufficiency of Permittee's plans and specifications or to ascertain whether Permittee's proposed or actual construction, installation, testing, maintenance, repairs, replacement, relocation, adjustment or removal is adequate or sufficient or in conformance with the plans and specifications reviewed by the County. No approval given, inspection made, review or supervision performed by the County pursuant to this Permit shall constitute or be construed as a representation or warranty express or implied by County that such item approved, inspected, or supervised, complies with laws, rules regulations or ordinances or this Permit or meets any particular standard, code or requirement, or is in conformance with the plans and specifications,and no liability shall attach with respect thereto. County and inspections as provided herein, are for the sole purpose of protecting the County's rights as the owner and manager of the road rights-of-way and shall not constitute any representation or warranty, express or implied, as to the adequacy of the design, construction, repair, or maintenance of the utility facilities, suitability of the permit area for construction, maintenance, or repair of the utility facilities, or any obligation on the part of the County to insure that work or materials are in compliance with any requirements imposed by a governmental entity. County is under no obligation or duty to supervise the design, construction,installation,relocation,adjustment,realignment,maintenance,repair,or operation of the utility facilities. J. Force Majeure. Neither Party hereto shall be liable to the other Party for any failure to perform an obligation set forth herein to the extent such failure is caused by war, act of terrorism or an act of God, provided that such Party has made and is making all reasonable efforts to perform such obligation and minimize any and all resulting loss or damage. K. Construction. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the Party or Parties may require. The provisions of this Permit shall be construed as a whole according to their common meaning, except where specifically defined herein, not strictly for or against any party and consistent with the provisions contained herein in order to achieve the objectives and purposes of this Permit. L. Incorporation by Reference. All exhibits annexed hereto at the time of execution of this Permit or in the future as contemplated herein, are hereby incorporated by reference as though fully set forth herein. M. Calculation of Time. All periods of time referred to herein shall include Saturdays, Sundays,and legal holidays in the State of Washington,except that if the last day of any period falls on any Saturday, Sunday, or legal holiday in the State of Washington, the period shall be extended to include the next day which is not a Saturday, Sunday, or legal holiday in the State of Washington. 17 N. Entire Agreement. This Permit is the full and complete agreement of County and Permittee with respect to all matters covered herein and all matters related to the use of the Permit Area by Permittee and Permittee's Contractors, and this Permit supersedes any and all other agreements of the Parties hereto with respect to all such matters, including, without limitation, all agreements evidencing the Permit. O. No Recourse. Without limiting such immunities as the County or other persons may have under applicable law, Permittee shall have no monetary recourse whatsoever against the County or its officials, boards, commissions, agents, or employees for any loss or damage arising out of the County's exercising its authority pursuant to this Permit or other applicable law. P. Responsibility for Costs. Except as expressly provided otherwise, any act that Permittee is required to perform under this Permit shall be performed at its cost. If Permittee fails to perform work that it is required to perform within the time provided for performance, the County may perform the work and bill the Permittee. The Permittee shall pay the amounts billed within 30 days. Q. Work of Contractors and Subcontractors. Work by contractors and subcontractors are subject to the same restrictions, limitations, and conditions as if the Work was performed by the Permittee. The Permittee shall be responsible for all Work performed by its contractors and subcontractors, and others performing Work on its behalf, under its control, or under authority of its utility permit, as if the work were performed by it and shall ensure that all such work is performed in compliance with this Permit, Title 12 MCC, the Manual and other applicable law, and shall be jointly and severally liable for all damages and correcting all damage caused by them. It is the Permittee's responsibility to ensure that contractors, subcontractors, or other Persons performing work on the Permittee's behalf are familiar with the requirements of the Permit,Title 12 MCC,the Manual,and other applicable laws governing the work performed by them and further, for ensuring that such contractors and subcontractors maintain insurance as required herein. R. Survival of Terms. Upon the termination of the Permit,the Permittee shall no longer have the right to occupy the Permit area. However, the Permittee's obligations under this Permit to the County shall survive the termination of these rights according to its terms for so long as the Permittee's utility facilities shall remain in whole or in part in the road rights-of- way,except to the extent the County Engineer has approved abandonment in place. By way of illustration and not limitation, Permittee's obligations to indemnify, defend and hold harmless the County, provide insurance and a performance/payment bond pursuant to Section XI and Permittee's obligation to relocate its utility facilities pursuant to Section VIII, shall continue in effect as to the Permittee, notwithstanding any termination of the Permit, except to the extent that a County-approved transfer, sale, or assignment of the utility system is completed, and another entity has assumed full and complete responsibility for the utility facilities or for the relevant acts or omissions. 18 DATED at Shelton, Washington this day of , 20 APPROVED: BOARD OF COMMISSIONERS MASON COUNTY, WASHINGTON County Engineer Chair Approved as to form: Vice Chair Chief D.P.A. Commissioner 19 RECORDED AT THE REQUEST OF AND AFTER RECORDING RETURN TO: County of Mason 100 West Public Works Drive Shelton WA 98584 Attn: County Engineer EXHIBIT "A" MEMORANDUM OF PERMIT Title: Silas K. Smith Private Line Occupancy Permit Grantor: COUNTY OF MASON, a legal subdivision of the state of Washington Grantee: Silas K. Smith Description of Franchise Area: SEE EXHIBIT A-4 Parcel Number: 3220-50-01007 Legal Description: Great Bend Waterfront Tracts Blk 1 TR 7 A-1 ACCEPTANCE OF PERMIT Private Line Utility Occupancy Permit effective , 20 UWe, .��our the /.l� �,� of parcel(s) and Uwe am/are the (Operator and) or (representative authorized to) accept Permit on behalf of Uwe certify that this Permit and all terms and conditions thereof are accepted by��y'J� without qualification or reservation and guarantee performance hereunder. UWe certify that, to the best of my/our knowledge, the assessor's tax identification number of the parcel or parcels benefited by this Permit and a legal description of each such parcel are as described in the attached exhibit. DATED this Gj day of (`c}AM , 20oll . PERMITTE By: Title: STATE OF Lk) ) ss. COUNTY OF ) , 1 I' I certify that I know or have satisfactory evidence that 5a35 1 1 A!A -5yrl ) is the person who appeared before me, and said person acknowledged that he/she st ed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the of the \�r� �p to be the free and voluntary act of such party for the uses and purpo ses met— do d in the instrument. Dated: MARY A PETTIBONE Notary ubli Notary Public Print Name i3�C U A CEC�Cl�01(1 State of Washington M COmmISS10 x res ?Commission rY 201380 Y p � u JT aC� MY Comm. Expires Jul 23, 2022 A-2 MEMORANDUM OF PRIVATE LINE UTILITY OCCUPANCY PERMIT THIS MEMORANDUM OF PERMIT is dated as of the_day of ,20_ between the County of Mason,a legal subdivision of the state of Washington("County") and (Permittee"). 1. Property. County has, pursuant to Private Line Utility Occupancy Permit granted to Permittee, the right, revocable at the will of the County, to use and occupy certain road rights-of-way for the construction, installation, adjustment,maintenance,removal,repair, relocation and operation of Permittee's utility facilities for the benefit of the herein described Property, upon the terms and conditions of that certain permit agreement between the parties accepted the day of , 2020 (the"Permit"),which terms and conditions are incorporated herein by this reference. The property to be benefited by this permit is situated in the Mason County, Washington, legally described in Exhibit A attached hereto (herein called the"Property"). The road right-of-way permit area("Permit Area")is also described in attached Exhibit A. 2. Term. The term of the Permit is in perpetuity unless terminated. 3. Termination. County in its sole discretion may terminate all or part of the Permit with or without cause upon no less than ninety (90) days written notice to the Permittee. Further, this Permit will automatically terminate upon assignment without the prior written consent of the County, or upon transfer of the Property without the prior written consent of the County to an assignment of the Permit or upon transfer of all or part of the utility facilities located in the Permit Area without the prior written consent of the County to an assignment of the Permit. 4. Purpose of Memorandum of Permit. This memorandum of permit is prepared for the purpose of recordation and notice and in no Way modifies the Permit and is in no way intended to or should be construed to create or convey an interest in land or the road right-of- way- DATED this day of ,20 COUNTY OF MASON County Engineer Approved as to form: Chief D.P.A. A-3 FORM OF MEMORANDUM OF PERMIT Permit Area Map A N Cistern 322205001901 Water Line z 16161 NE NO T ASH R~� Dom; N F _ O 32 205001 07 Si . Smith PLO A-4 FORM OF MEMORANDUM OF PERMIT Permit Area Map z N Cistern 322205001901 Water Line • 16161 NE NO QRM1 tshore R _ O 32 205001 07 Si . Smith PLO A-4 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Mike Collins P.E, County Engineer DEPARTMENT: Public Works EXT: 450 BRIEFING DATE: May 24, 2021 INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources X Legal ❑ Other— please explain ITEM: Private Line Occupancy Permit EXECUTIVE SUMMARY: Greg Morgan has applied for a Private Line Occupancy Permit to install a new underground waterline from a existing two party well. The new waterline will run between NE North Shore Rd. at address 5530 Parcel 22210-12-00090 and 91 Landon rd. parcel number 22210-12-0080 (see attached map). BUDGET IMPACT: An application fee of $200 has been paid to process the proposed Private Line Occupancy Permit. RECOMMENDED OR REQUESTED ACTION: Recommend the Board approve the Private Line Occupancy Permit granting permission to run a new waterline under and across NE North Shore Road for address 5530, and parcel number 22210-12-00080 on Landon Rd. Attachments: 1. PLO (Page A-4, Area Map) IN THE MATTER OF THE APPLICATION OF Greg Morgan FOR A PRIVATE LINE UTILITY OCCUPANCY PERMIT TO CONSTRUCT, OPERATE, AND MAINTAIN Waterline ALONG AND UNDER North Shore Road and Landon Road A COUNTY MAINTAINED ROAD LOCATED IN MASON COUNTY, WASHINGTON Application of Greg Morgan with principal residence located at 5530 NE North Shore Road Belfair,,WA 98528,by and through Greg Morgan,for a private line utility occupancy permit to construct, operate and maintain a private waterline under county roads and highways in Mason County, Washington, as set forth in attached Exhibit "A", having come before the County Commissioners of Mason County, Washington during a regularly scheduled public meeting,on the day of ,20_,and that it is in the public interest to allow the private line utility occupancy permit herein granted; NOW THEREFORE, IT IS ORDERED that a non-exclusive private line utility occupancy permit be,and the same is hereby given and granted to operator,and its successors and assigns, hereinafter referred to as the"Permittee", for a period commencing from and after the date of the entry of this order for the purposes, at the location(s), and upon the express terms and conditions as described herein, and terminating as provided herein. I. DEFINITIONS For the purposes of this private line utility occupancy permit,terms, phrases, words, and their derivations not defined herein that are defined in Title 12 of the Mason County Code or the Manual on Accommodating Utilities in the Mason County Right-of-Way published by the County Engineer(the"Manual"),shall have the same meaning or be interpreted as provided in Title 12 of the Mason County Code or the Manual. Words not defined here, in Title 12 of the Mason County Code or the Manual shall have their ordinary meaning. A reference to Title 12 of the Mason County Code or the Manual refers to the same as may be amended, revised, updated,re-enacted or re-codified from time to time. H. GRANT The County of Mason(hereafter the"County")hereby grants to the Permittee a non-exclusive private line utility occupancy permit(hereinafter"Permit")which,once it becomes effective shall authorize the Permittee to enter upon the road rights-of-way located within the Permit Area for the purpose of maintaining,repairing,replacing,which grant shall be limited to the following described purpose(s): Provide water(2 party well)between tax parcels 2210-12- 00090 and 22210-12-00080. 1 A Such grant is subject to and must be exercised in strict accordance with and subject to this Permit, Title 12 of the Mason County Code, the Manual and all applicable laws, rules, regulations and ordinances. Permittee's exercise of any rights granted pursuant to the Permit is subject to the exercise of the County's police powers, and other regulatory powers as it may have or obtain in the future. No rights shall pass to the Permittee by implication. This Permit does not include permission to enter into or upon the road rights-of-way for any purposes others than the purposes expressly described herein. Permittee has a duty to notify the County of any change in use or condition of the utility facilities that may affect the status of the utility facilities as (a)private lines) or the impact of the utility facilities upon the road rights-of-way. III. UTILITY PERMIT REQUIRED Permittee shall not commence or perform work to install, construct, maintain repair, replace adjust, connect, disconnect, rebuild, or relocate its utility facilities within the road rights-of- way (hereafter collectively or individually the "Work"), without first applying for, paying all associated fees, and obtaining a utility permit as required pursuant to Title 12 of the Mason County Code. In any utility permit so issued, the County may impose, as a condition of the granting the utility permit, such conditions and regulations as may be necessary for the protection, preservation and management of the road rights-of-way, including, by way of example and not limitation, for the purpose of protecting any structures in the road rights-of-way,maintaining proper distance from other utilities, ensuring the proper restoration of such road rights-of-way and structures, and for the protection of the County and the public and the continuity of pedestrian and vehicular traffic. Permittee shall first file with the County Engineer its application for a utility permit to do such Work together with plans and specifications showing at a minimum: A. The position, depth and location of all such utility facilities sought to be constructed, laid, installed or erected at that time, showing their relative position to existing county roads, rights-of-way or other county property upon plans drawn to scale, hereinafter collectively referred to as the"map of definite location; B. The class and type of material and equipment to be used, manner of excavation, construction, installation, backfill, erection of temporary structures, erection of permanent structures,traffic control,traffic turnouts and road obstructions; C. The manner in which the utility facility is to be installed; D. Measures to be taken to preserve safe and free flow of traffic; E. Structural integrity of the roadway,bridge, or other structure; F. Specifications for the restoration of the county road, right-of-way or other county property in the event that the road right of way will be disturbed by the Work; and 2 G. Provision for ease of future road maintenance and appearance of the roadway. Provision shall be made for known or planned expansion of the utility facilities, particularly those located underground or attached to bridges or other structures within the road right-of- way. The location,alignment and depth of the utility facilities shall conform with said map of definite location, except in instances in which deviation may be allowed thereafter in writing by the County Engineer pursuant to application by Permittee. All such Work shall be subject to the approval of and shall pass the inspection of the County Engineer. The Permittee shall pay all costs of and expenses incurred in the examination, inspection and approval of such work on account of granting the said utility permits. IV. RESTORATION OF ROAD RIGHT OF WAY In any Work which disturbs or causes damage to the road rights-of-way subject to this Permit, public or private property,the Permittee shall at its own expense and with all convenient speed, complete the work to repair and restore the county road right-of-way, or the public or private property so disturbed or damaged, and leave the same in as good or better condition as before the Work was commenced, to the reasonable satisfaction of the County Engineer. The Permittee shall pay all costs of and expenses incurred in the examination, inspection and approval of such restoration or repair. The County Commissioners and/or County Engineer may at any time do, order or have done any and all work that they consider necessary to restore to a safe condition such County road right-of-way or other County property left by the Permittee or its agents in a condition dangerous to life or property,and the Permittee,upon demand,shall pay to the County all costs of such work. V. PERMITTEE WORK IN RIGHT OF WAY Permittee expressly agrees and understands that,with regard to Work within the road rights-of- way: A. All of Permittee's utility facilities and Work within the road rights-of-way or other County property shall be performed in compliance with the provisions of Title 12 MCC, the Manual, the administrative regulations adopted by the County Engineer, other County-established requirements for placement of utility facilities in road rights-of-way, including the specific location of utility facilities in the road rights-of-way, and all applicable laws,rules,regulations and ordinances; B. In preparing plans and specifications for the Work the Permittee shall use the Manual. Prior to commencement of any Work, Permittee shall submit such plans and specifications to the County Engineer for review and approval together with the adequate exhibit depicting the existing or proposed location of the utility facility in relation to the road, 3 including right-of-way or easement lines; relationship to currently planned road revisions, if applicable; and all locations and situations for which deviations in depth of cover (including the proposed method of protection)-or other locational standards that are anticipated; C. All Work subject to this Permit shall be done in such a manner as not to interfere, other than in ways approved by the County, with the construction, operation and maintenance of other utilities,public or private,drains,drainage ditches and structures,irrigation ditches and structures,located therein,nor with the grading or improvements of such County roads,rights- of-way or other County property; D. The owners and operators of all utility facilities (public or private) installed in the Permit Area or other county property prior in time to the utility facilities of the Permittee, shall have preference as to the alignment and location of such utilities so installed with respect to the Permittee. Such preference shall continue in the event of the necessity of relocating or changing the grade of any such county road or right-of-way; E. Permittee shall perform the Work and operate its utility facilities in a manner that minimizes interference with the use of the road rights-of-way by others, including others that may be installing utility facilities; and F. The County may require that Permittee's utility facilities be installed at a particular time, at a specific place, or in a particular manner as a condition of access to a particular road or road right-of-way;may deny access if a Permittee is not willing to comply with the County's requirements;and may remove, or require removal of,any utility facility that is not installed in compliance with the requirements established by the County,or which is installed without prior County approval of the time, place, or manner of installation and charge the Permittee for all the costs associated with removal; and may require Permittee to cooperate with others to minimise adverse impacts on the road and road rights-of-way through joint trenching and other arrangements. G. The County may inspect the utility facilities at any time reasonable under the circumstances to ensure compliance with this Permit and applicable law, including to ensure that the private line utility facilities are constructed and maintained in a safe condition. If an unsafe condition is found to exist,the County, in addition to taking any other action permitted under applicable law, may order the Permittee, in writing, to make the necessary repairs and alterations specified therein forthwith to correct the unsafe condition on a time-table established by the County which is reasonable in light of the unsafe condition. The County has the right to correct, inspect, administer, and repair the unsafe condition if the Licensee fails to do so, and to charge the Permittee therefor. The right of the County to conduct such inspections and order or make repairs shall not be construed to create an obligation therefore, and such obligation to construct and maintain its utility facilities in a safe condition shall at all times remain the sole obligation of the Permittee. 4 H. When required by the County, Permittee shall make information available to the public regarding any Work involving the ongoing installation, construction, adjustment, relocation, repair or maintenance of its utility facilities sufficient to show(1)the nature of the work being performed; (2)where it is being performed; (3)its estimated completion date; and (4)progress to completion. I. PERMITTEE IS PLACED ON NOTICE THAT FIBER OPTIC COMMUNICATIONS, POWER,CONTROL SYSTEMS, OTHER TYPES OF CABLES AND PIPELINES MAY BE BURIED ON THE RIGHT OF WAY. Before beginning any underground work,Permittee will contact the appropriate personnel to have such facilities located and make arrangements as to protective measures that must be adhered to prior to the commencement of any work within the road and road rights-of-way. In addition to the liability terms elsewhere in this Agreement, Permittee shall indemnify and hold the County and its elected and appointed officers, employees and agents harmless against and from all cost, liability, and expense whatsoever (including,without limitation,attorney's fees and court costs and expenses)arising out of or in any way contributed to by any act or omission of Permittee, its contractor, agents and/or employees,that cause or in any way or.degree contribute to(1) any damage to or destruction of any such facilities by Permittee,and/or its contractor,agents and/or employees,on the County's property,(2) any injury to or death of any person employed by or on behalf of any entity,and/or its contractor,agents and/or employees,on the road rights-of-way,and/or(3) any claim or cause of action for alleged loss of profits or revenue, or loss of service, by a customer or user of services or products of such company(ies). J. Permittee shall continuously be a member of the State of Washington one number locator service under RCW 19.122, or an approved equivalent, and shall comply with all such applicable rules and regulations. K. Except in the event of emergency as described below,Permittee and its agents may not enter upon the permit area to perform work for which a utility permit is required,unless and except upon two-business days notice to the County Engineer. L. In the event of an emergency involving the threat of imminent harm to persons or property, and for purposes of taking immediate corrective action,Permittee and its agents may enter the Permit Area without advance notice to the County as long as such entry is for the sole purpose of addressing the emergency; provided however, that if any entry for such purposes would require issuance of a utility permit,Permittee shall give the County verbal or telephonic notice of the places where and the manner in which entry is required prior to such entry, promptly followed by written notice. In all cases, notice to the County shall be given as far in advance as practical prior to entry or as soon as practicable after entry upon the road right-of- way- M. Permittee shall promptly reimburse the County for its reasonable and direct costs incurred in responding to an emergency that is caused,created by or attributable to the presence, construction,maintenance,repair,or operation of Permittee's utility facilities in the road rights- 5 of-way. N. If,during any Work, Permittee or its agents discover scientific or historic artifacts, Permittee or its agents shall immediately notify the County of said discovery and shall protect such artifacts in a manner as specified by the County. Any such artifact shall be the property of the County if the County wishes to own it. VI. PROTECTION OF PUBLIC All Work done under this Permit shall be done in a thorough and workman-like manner. In the performance of any Work, including without limitation, the opening of trenches and the tunneling under county roads, right-of way or other county property, the Permittee shall leave such trenches, ditches and tunnels in such a way as to interfere as little as possible with public travel and shall take all due and necessary precautions to guard the same, so that damage or injury shall not occur or arise by reason of such Work;and where any of such trenches,ditches and tunnels are left open at night,the Permittee shall place warning lights,barricades and other appropriate protective devices at such a position as to give adequate warning of such Work. The Permittee shall be liable for any injury to person or persons or damage to property sustained arising out of its carelessness or neglect, or through any failure or neglect to properly guard or give warning of any trenches,ditches or tunnels dug or maintained by the Permittee. VH. POLICE POWERS The County,in granting this Permit,does not waive any rights which it now has or may hereafter acquire with respect to county roads, rights-of-way or other county property and this Permit shall not be construed to deprive the county of any powers, rights or privileges which it now has or may hereafter acquire to regulate the use of and to control the county roads,right-of-way and other county property covered by this Permit. The County retains the right to administer and regulate activities of the Permittee up to the fullest extent of the law. The failure to reserve a particular right to regulate, or reference a particular regulation, shall not be interpreted by negative implication or otherwise to prevent the application of a regulation to the Permittee. VIII. RELOCATION Permittee shall,in the course of any Work,comply with the following requirements: A. The Permittee shall,by a time specified by the County,protect,support,temporarily disconnect, relocate, or remove any of its utility facilities when required by the County by reason of traffic conditions; public safety; road right-of-way construction; road right-of-way repair (including resurfacing or widening); change of road right-of-way grade; construction, installation, or repair of County-owned sewers, drains, water pipes, power lines, signal lines, tracks, communications system, other public work, public facility, or improvement of any government-owned utility; road right-of-way vacation; or for any other purpose where the County work involved would be aided by the removal or relocation of the utility facilities. Collectively, such matters are referred to below as the "public work." 6 Permittee acknowledges and understands that any delay by Permittee in performing the above described work may delay, hinder, or interfere with the work performed by the County and its contractors and subcontractors done in furtherance of such Public Work and result in damage to the County, including but not limited to, delay claims. Permittee shall cooperate with the County and its contractors and subcontractors to coordinate such Permittee work to accommodate the Public Work project and project schedules to avoid delay, hindrance.of, or interference with the Public Work. The County shall make available to the Permittee a copy of the Six Year Transportation Program and the County's annual construction program after adoption each year. It is anticipated these programs will aid the Permittee in planning construction programs. B. Permittee has a duty to protect its utility facilities from work performed by the County within the road rights-of-way. The rights granted to the Permittee herein do not preclude the County, its employees, contractors, subcontractors, and agents from blasting, grading, excavating, or doing other necessary road work contiguous to Permittee's utility facilities; providing that, the Permittee shall be given a minimum of forty-eight (48) hours notice of said blasting or other work in order that the Permittee may protect its utility facilities. C. In the event of an emergency, or where the utility facility creates or is contributing to an imminent danger to health, safety, or property, the County may protect, support, temporarily disconnect, remove, or relocate any or all parts of the utility facility without prior notice,and charge the Permittee for costs incurred. D. If any Person that is authorized to place facilities in the road right of way requests the Permittee to protect, support, temporarily disconnect, remove, or relocate the Permittee's utility facilities to accommodate the construction, operation, or repair of the facilities of such other person,the Permittee shall,after 30 days'advance written notice,take action to effect the necessary changes requested; provided that, if such project is related to or competes with Permittee's service,or if the effect of such changes would be to permanently deprive Permittee of the beneficial enjoyment of this Permit for its intended purposes through interference with the operation of Permittee's utility facilities or otherwise, Permittee shall not be required to relocate its utility facilities. Unless the matter is governed by a valid contract or a state or federal law or regulation, or unless the Permittee's utility facilities were not properly installed, the reasonable cost of the same shall be borne by the Person requesting the protection, support, temporary disconnection,removal,or relocation at no charge to the County,even if the County makes the request for such action. E. The Permittee shall, on the request of any person holding a valid permit issued by a governmental authority,temporarily raise or lower its wires to permit the moving of buildings or other objects. The expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting the same. 7 The County of Mason will accept liability for direct and actual damages to said Permittee that are the result of the negligence of Mason County, its trustees, officers, employees, contractors, subcontractors or agents while performing County improvement or Public Works projects enumerated in Section VIII, paragraph B. Direct and actual damages are specifically limited to physical damage to properly installed and located infrastructure of the Permittee and the cost to repair such physical damage. Mason County retains the right to assert all applicable defenses in the event of a dispute including contributory-negligence on the part of the Permittee. Mason County shall in no way be liable for incidental damages claimed to arise from such actions. All Work to be performed by the Permittee under this section shall pass the inspection of the County Engineer. The Permittee shall pay all costs of and expenses incurred in the examination, inspection and approval of such work. IX. PRESERVATION OF MONUMENTS/MARKERS Before any Work is performed under this permit which may affect any existing monuments or markers of any nature relating to subdivisions,plats,roads and all other surveys,the Permittee shall reference all such monuments and markers. The reference points shall be so located that they will not be disturbed during the Permittee's Work and operations under this Permit. The method of referencing these monuments or other points to be referenced shall be approved by the County Engineer. The replacement of all such monuments or markers disturbed during construction shall be made as expeditiously as conditions permit in accordance with RCW 58.24 and WAC 332-120, and as directed by the County Engineer. The cost of monuments or other markers lost,destroyed,or disturbed,and the expense of replacement by approved monuments shall be borne by the Permittee. A complete set of reference notes for monument and other ties shall be filed with the office of the Mason County Engineer. X. VACATION OF ROAD RIGHT-OF-WAY If at any time the County shall vacate any County road or right-of-way or other County Property which is subject to rights granted by this Permit and said vacation shall be for the purpose of acquiring the fee or other property interest in said road or right-of-way for the use of the County, in either its proprietary or governmental capacity, then the Board of Mason County Commissioners may,at its option,and by giving thirty(30)days written notice to the Permittee, terminate this Permit with reference to such county road right-of-way or other County property so vacated,and the County of Mason shall not be liable for any damages or loss to the Permittee by reason of such termination. It has been the practice of Mason County to reserve easements for utilities at the time of road vacation, and will continue to be the practice until such time the Board of Mason County Commissioners direct a change of practice. 8 M.FINANCIAL SECURITY A. Insurance It is intended that the following insurance requirements shall apply to the person performing the Work in the road right-of-way. Permittee and Permittee's contractors shall not perform or cause to be performed any Work, unless and until Permittee (to the extent Permittee performs any of the Work in the road right-of-way) or its contractors (to the extent Permittee's contractor performs any of the Work in the road right-of-way) provide certificates of insurance evidencing that Permittee or Permittee's contractors are in compliance with the following requirements,including,maintaining insurance in at least in the following amounts: 1. COMMERCIAL GENERAL LIABILITY insurance to cover liability, bodily injury, and property damage. The Commercial General Liability insurance shall be written on an occurrence basis, with an aggregate limit location endorsement for the Permit Area, and shall provide coverage for any and all costs, including defense costs,and losses and damages resulting from personal injury, bodily injury and death, property damage, products liability and completed operations arising out of the Work. Coverage must be written with the following limits of liability: Bodily and Personal Injury&Property Damage $ 1,000,000 per Occurrence $2,000,000 aggregate 2 WORKERS'COMPENSATION insurance shall be maintained by Permittee's contractor to comply with statutory limits for all employees,and in the case any work is sublet, the contractor shall require its subcontractors similarly to provide workers' compensation insurance for all the employees. K COMPREHENSIVE AUTO LIABILITY insurance shall include owned, hired, and non-owned vehicles on an occurrence basis with coverage of at least $500,000 per occurrence. The required insurance shall be maintained from the time that Work in the road right-of-way commences until the Work is complete and the utility permit issued for said Work has been released by the County Engineer, or his or her designee. If the Permittee or its contractors and subcontractors do not have the required insurance, the County may require such entities to stop operations until the insurance is obtained and approved. Permittee shall, or shall cause its contractors to, file with the application for a utility permit, certificates of insurance reflecting evidence of the required insurance in a form and content approved by the County's Risk Manager. All coverage shall be listed on one certificate with the same expiration dates. 9 The certificates shall contain a provision that coverages afforded under these policies will not be canceled until at least 30 days'prior written notice has been given to the County. In the event that the insurance certificate provided indicates that the insurance shall terminate or lapse during the period of the Work, then, in that event, the Permittee shall furnish, at least 30 days prior to the expiration of the date of such insurance, a renewed certificate of insurance as proof that equal and like coverage has been or will be obtained prior to any such lapse or termination during the balance of the period of the Permit. The County reserves the right, during the term of the Permit, to require any other insurance coverage or adjust the policy limits as it deems reasonably necessary utilizing sound risk management practices and principals based upon the loss exposures. Each insurance policy required pursuant to this Permit shall be primary and non-contributing as respects any coverage maintained by the County and shall include an endorsement reflecting the same. Any other coverage maintained by County shall be excess of this coverage herein defined as primary and shall not contribute with it. The certificate of insurance must reflect that the above wording is included in all such policies. Each insurance policy obtained pursuant to this Permit shall be issued by financially sound insurers who may lawfully do business in the State of Washington with a financial rating at all times during coverage of no less than rating of"A" and a class of"X" or better in the latest edition of`Best's Key Rating Guide"published by A.M.Best Company,or such other financial rating or rating guide approved in writing by the County's risk manager. In the event that at any time during coverage, the insurer does not meet the foregoing standards, Permittee shall give or shall cause its contractors to give prompt notice to the County and shall seek coverage from an insurer that meets the foregoing standards. The County reserves the right to change the rating or the rating guide depending upon the changed risks or availability of other suitable and reliable rating guides. Comprehensive general liability insurance policies and coverage obtained pursuant to this Permit shall include an endorsement (standard ISO form CG 24-17) deleting all exclusions for work or incidents occurring within any distance from a railroad track or railroad property, or on,over, or under a railroad track. Insurance policies required pursuant to this Permit shall have no non-standard exclusions unless approved of by the County Risk Manager or designee. Commercial general liability insurance policies obtained pursuant to this Permit shall name the County as an additional insured without limitation,pursuant to an endorsement approved of by the County's Risk Manager or designee. Permittee or Permittee's Contractors' insurers, through policy endorsement, shall waive their rights of subrogation against the County for all claims and suits. The certificate of insurance 10 must reflect this waiver of subrogation rights endorsement. B. Contractor Bond. All contractors performing Work on behalf of Permittee shall be licensed and bonded. C. Limitation of Liability. to the fullest extent permitted by law, permittee shall, and shall cause its contractor(s) only as to subsection (9) below, to release, indemnify, defend and hold harmless the county and the county's legal representatives,officers(elected or appointed), employees and agents (collectively, "indemnitees") for, from and against any and all claims, liabilities, fines, penalties, costs, damages, losses, liens, causes of action, suits, demands, judgments and expenses (including, without limitation, court costs, attorneys' fees, and costs of investigation,removal and remediation and governmental oversight costs),environmental or otherwise(collectively"liabilities") of any nature,kind, or description,of any person or entity, directly or indirectly, arising out of, resulting from, or related to (in whole or in part): 1. this permit; 2. any rights or interests granted pursuant to this permit; 3. permittee's occupation and use of the road right of way; 4. permittee's operation of its utility facilities; 5. the presence of utility facilities within the right of way; 6. the environmental condition and status of the road right-of-way caused by, aggravated by, or contributed to, in whole or in part,by permittee or its agents; or 7. the acts,errors,or omissions of third parties when arising out of the,installation, construction, adjustment, relocation, replacement, removal, or maintenance of such third party utility facilities within the road rights-of-way when such work is performed under authority of the operator's utility permit or at the direction or under the control of the operator; or 8. any act or omission of permittee or permittee's agents; or 9. any act or omission of contractor or its employees, agents, or subcontractors when arising out of the work. Even if such liabilities arise from or are attributed to,in whole or in part,any negligence of any indemnitee. The only liabilities with respect to which permittee's obligation to indemnify the indemnitees does not apply are liabilities to the extent proximately caused by the sole negligence or intentional misconduct of an indemnitee or for liabilities that by law the indemniteees cannot be indemnified for. 11 Upon written notice from the county,permittee agrees to assume the defense of any lawsuit or other proceeding brought against any indemnitee by any entity, relating to any matter covered by this permit for which permittee has an obligation to assume liability for and/or save and hold harmless any indemnitee. Permittee shall pay all costs incident to such defense,including,but not limited to, attorneys' fees, investigators' fees, litigation and appeal expenses, settlement payments and amounts paid in satisfaction of judgments. Permittee will fully satisfy said judgment within ninety(90) days after said suit or action shall have finally been determined if determined adversely to mason county. upon the permittee's failure to satisfy said judgment within the ninety(90) day period,this permit shall at once cease and terminate and the county of mason shall have a lien upon permittee's utility facilities and all other facilities used in the construction, operation and maintenance of the permittee's utility system which may be enforced against the property for the full amount of any such judgment so taken against any of the indemnitees Acceptance by the County of any Work performed by the Permittee at the time of completion shall not be grounds for avoidance of this covenant. XII. PERMIT NONEXCLUSIVE This Permit shall not be deemed to be an exclusive Permit. It shall in no manner prohibit the County of Mason from granting rights to other utilities under,along,across,over and upon any of the County roads,rights-of-way or other County property subject to this Permit and shall in no way prevent or prohibit the County of Mason from constructing, altering, maintaining or using any of said roads rights-of-way, drainage structures or facilities, irrigation structures or facilities, or any other county property or affect its jurisdiction over them or any part of them with full power to make all necessary changes,relocations,repairs,maintenance,etc.,the same as the County may deem fit. XIII. SUCCESSORS AND ASSIGNS All the provisions, conditions, regulations and requirements herein contained shall be binding upon the successors and assigns of the Permittee and all privileges, as well as all obligations and liability of the Permittee, shall inure to its successors and assigns equally as if they were specifically mentioned wherever the Permittee is mentioned. Any reference in this Permit to a specifically named parry shall be deemed to apply to any successor, heir, administrator; executor or assign of such party who has acquired its interest in compliance with the terms of this Permit or under law. )UV. TRANSFER/ASSIGNMENT Permittee may assign or transfer this Permit by contacting the County of Mason to obtain an Assignment Agreement. The Agreement must be signed and delivered back to the County of Mason. Assignees shall thereafter be responsible for all obligations of Permittee with respect to the Permit and guaranteeing performance under the terms and conditions of the Permit and that transferee will be bound by all the conditions of the Permit and will assume all the 12 obligations of its predecessor. Such an assignment shall relieve the Permittee of any further obligations under the Permit, including any obligations not fulfilled by Permittee's assignee; provided that, the assignment shall not in any respect relieve the Permittee, or any of its successors in interest, of responsibility for acts or omissions, known or unknown, or the consequences thereof, which acts or omissions occur prior to the time of the assignment. No Permit may be assigned or transferred without filing or establishing with the county the insurance certificates, security fund and performance bond as,may be required pursuant to this Permit. XV. ANNEXATION Whenever any of the County road rights-of-way or other county property as designated in this Permit,by reason of the subsequent incorporation of any town or city,or extension of the limits of any town or city, shall fall within the city or town limits;then, except to the extent allowed by law, this Permit shall terminate in respect to the said roads, rights-of-way or other county property so included with city or town limits;but this Permit shall continue in force and effect to all county road rights-of-way or other county.property not so included in city or town limits. XVI. TERM/TERMINATION/REMEDIES A. Term. This Permit shall commence upon acceptance by the Permittee as provided at Section XVIII herein and continue in PERPETUITY until terminated or otherwise superseded by a subsequent franchise, private line utility occupancy permit, master road use permit or other agreement of the Parties. In the event that it is determined by a court of competent jurisdiction that, as a matter or law, the term provided for herein is unlawful, this Permit shall be deemed to have a term for the maximum period allowed by law, and if no such maximum period is readily and easily capable of being identified,for a term of not longer than fifty(50)years. B. Termination by County. Permittee has elected to obtain a Permit in lieu of a franchise agreement. Permittee understands and agrees that,unlike a franchise,this Permit may be terminated by the County with or without cause. This means that the County is not required to have or provide a reason for the termination and that the County may terminate this Permit in its sole discretion without penalty to the County and regardless of whether or not Permittee is or is not in default;provided that,the County may not terminate this Permit for a reason that. is unlawful. The Parties agree that the only condition of termination by the County of this Permit is that the County must give not less than ninety(90)days written notice to the Permittee of termination. The County Engineer is authorized to exercise the right of the County to terminate this Permit. C. Termination upon Transfer/Assignment/Conveyance. This Permit shall automatically terminate upon: (1)assignment of the Permit without the prior written consent of the County in substantially the form of an Assignment Agreement (obtained by request), (2) transfer of the utility facilities located with the Permit Area without prior written notice to the County and mutual acceptance of an assignment of the Permit, (3) conveyance of the real property or any part thereof benefited by the installation and operation of the utility facilities 13 without prior written notice to the County and mutual acceptance of an assignment of the Permit,.or(4)use of the utility facilities for the benefit of persons other than the owner/operator in a manner that no longer constitutes a de-minin-is use of the road right-of-way. D. Termination upon Removal of Utility Facilities. This Permit and all of the rights, duties and obligations contained herein, shall terminate upon removal of all Permittee utility facilities from the road right-of-way or abandonment and de-commissioning in place to the reasonable satisfaction of and in the manner approved by the County Engineer and restoration of the road right-of way to the satisfaction of the County Engineer. E. Effect of Termination. On or before the effective date of termination or as otherwise mutually agreed to by the Parties, Permittee shall remove its utility facilities from the road rights-of-way and restore the road rights-of-way to the reasonable satisfaction of the County Engineer. In lieu of removal, the County Engineer may authorize abandonment in place and de-commissioning of the utility facilities in the manner approved by and to the reasonable satisfaction of the County Engineer. In the event that the Permittee fails to timely and completely perform such work,the County may perform or complete such work at the cost of the Permittee and Permittee shall be obligated to reimburse the County for such work within 30 days of invoice by the County. F. Remedies. In addition to the right of the County to terminate this Permit,the County has the right to exercise any and all of the following remedies, singly or in combination,in the event of Default. "Default" shall mean any failure of Permittee or its agents to keep, observe or perform any of Permittee's or its agent's duties or obligations under this Permit: 1. Damages. Permittee shall be liable for any and all damages incurred by County. 2. Specific Performance. County shall be entitled to specific performance of each and every obligation of Permittee under this Permit without any requirement to prove or establish that County does not have an adequate remedy at law. Permittee hereby waives the requirement of any such proof and acknowledges that County would not have an adequate remedy at law for Permittee's commission of an Event of Default hereunder. 3. Injunction. County shall be entitled to restrain, by injunction, the actual or threatened commission or attempt of an Event of Default and to obtain a judgment or order specifically prohibiting a violation or breach of this Permit agreement without, in either case, being required to prove or establish that County does not have an adequate remedy at law. Permittee hereby waives the requirement of any such proof and acknowledges that County would not have an adequate remedy at law for Permittee's commission of an Event of Default hereunder. 4. Alternative Remedies. Neither the existence of other remedies identified in this Permit nor the exercise thereof shall be deemed to bar or otherwise limit the right of the County to commence an action for equitable or other relief and/or proceed against Pernttee 14 and any guarantor for all direct monetary damages,costs and expenses arising from the Default and to recover all such damages, costs and expenses, including reasonable attorneys' fees. Remedies are cumulative;the exercise of one shall not foreclose the exercise of others. XVII. SUBSEQUENT ACTION The County reserves for itself the right at any time upon ninety(90) days written notice to the Permittee, to so change, amend, modify or amplify any of the provisions or conditions herein enumerated to conform to any state statute or county regulation,relating to the public welfare, health, safety or highway regulation,as may hereafter be enacted,adopted or promulgated. XVIII. ACCEPTANCE Permittee shall execute and return to County a signed acceptance of the Permit granted hereunder. The acceptance shall be in the form of the acceptance attached hereto as Exhibit "A", and in accepting the Permit, Permittee warrants that it has carefully read the terms and conditions of this Permit and accepts all of the terms and conditions of this Permit and agrees to abide by the same and acknowledges that it has relied upon its own investigation of all relevant facts,that it has had the assistance of counsel or an opportunity to have assistance of counsel, that it was not induced to accept a Permit, that this Permit represents the entire agreement between the Permittee and the County. In the event the Permittee fails to submit the acceptance as provided for herein within the time limits set forth in this section,the grant herein is and shall become null and void. XIX. RECORDING OF MEMORANDUM OF PERMIT The Parties agree that a"Memorandum of Permit" in substantially the form attached hereto as Exhibit"A",shall be filed for record with the Office of the Mason County Auditor upon written acceptance by the Permittee. The cost and expense of such filing shall be borne by the Permittee if not already included in the fee for issuance of this-Permit. Notwithstanding the foregoing, this Permit is not intended nor shall it be construed to create an interest in land or constitute the grant or conveyance of a real property interest by the County to the Permittee. The requirements of this Section XIX are intended solely to provide notice of the existence of this Permit and the terms and conditions there under, including inter-alia, the limitations upon assignment of the Permit. Permittee shall at the time of its acceptance of this Permit identify the assessor's tax identification number of the parcel or parcels benefited by this Permit and a legal description of each such parcel to be included in the Memorandum of Permit. XX. MISCELLANEOUS PROVISIONS A. Controlling Law/Venue. Any disputes concerning the application or interpretation of any of the provisions of this Permit shall be governed by the laws of the State of Washington. Venue of any action or arbitration brought under this Permit shall be in Mason County, Washington or the Western District of Washington if an action is brought in federal court, provided;however,that venue of such action is legally proper. 15 B. Liens. Permittee shall promptly pay and discharge any and all liens arising out of any Work done, suffered or permitted to be done by Permittee on any Permit area. C. Waiver. No waiver by either party of any provision of this Permit shall in any way impair the right of such party to enforce that provision for any subsequent breach, or either party's right to enforce all other provisions of this Permit. D. Attorney's Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Permit, the substantially prevailing Party or Parties shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which such Party or Parties may be entitled. E. Amendment. This Permit may be amended only by a written contract signed by authorized representatives of Permittee and County of Mason. F. Severability. If any provision of this Permit is held to be illegal, invalid or unenforceable under present or future laws, such provision will be fully severable and this Permit will be construed and enforced as.if such illegal, invalid or unenforceable provision is not a part hereof, and the remaining provisions hereof will remain in full force and effect. In lieu of any illegal,invalid or unenforceable provision herein,there will be added automatically as a part of this Permit, a provision as similar in its terms to such illegal, invalid or unenforceable provision as may be possible and be legal,valid and enforceable. G. Joint and Several Liability. Permittee acknowledges that, in any case in which Permittee and Permittee's contractors are responsible under the terms of this Permit, such responsibility is joint and several as between Permittee and any such Perm ittee's contractors; provided that, the Permittee is not prohibited from allocating such liability as a matter of contract. H. Notices. Any notice contemplated, required, or permitted to be given under this Permit shall be sufficient if it is in writing and is sent either by: (a)registered or certified mail, return receipt requested; or (b) a nationally recognized overnight mail delivery service, to the Party and at the address specified below, except as such Party and address may be changed by providing no less than thirty(30)days'advance written notice of such change in address. Permittee: Silas K. Smith 5530 NE North Shore Road Belfair,WA 98528 Attn: Greg Morgan Grantor: Mason County Public Works 100 W Public Works Drive Shelton,WA 98584 16 I. Approvals. Nothing in this Permit shall be deemed to impose any duty or obligation upon the County to determine the adequacy or sufficiency of Permittee's plans and specifications or to ascertain whether Penn ittee's proposed or actual construction, installation, testing, maintenance, repairs, replacement, relocation, adjustment or removal is adequate or sufficient or in conformance with the plans and specifications reviewed by the County. No approval given, inspection made, review or supervision performed by the County pursuant to this Permit shall constitute or be construed as a representation or warranty express or implied by County that such item approved, inspected, or supervised, complies with laws, rules regulations or ordinances or this Permit or meets any particular standard, code or requirement, or is in conformance with the plans and specifications,and no liability shall attach with respect thereto. County and inspections as provided herein, are for the sole purpose of protecting the County's rights as the owner and manager of the road rights-of-way and shall not constitute any representation or warranty, express or implied, as to the adequacy of the design, construction, repair, or maintenance of the utility facilities, suitability of the permit area for construction, maintenance, or repair of the utility facilities, or any obligation on the part of the County to insure that work or materials are in compliance with any requirements imposed by a governmental entity. County is under no obligation or. duty to supervise the design, construction,installation,relocation,adjustment,realignment,maintenance,repair,or operation of the utility facilities. J. Force Majeure. Neither Party hereto shall be liable to the other Party for any failure to perform an obligation set forth herein to the extent such failure is caused by war, act of terrorism or an act of God, provided that such Party has made and is making all reasonable efforts to perform such obligation and minimize any and all resulting loss or damage. K. Construction. All pronouns and any variations thereof shall be deemed to refer to the masculine,feminine or neuter, singular or plural, as the identity of the Party or Parties may require. The provisions of this Permit shall be construed as a whole according to their common meaning, except where specifically defined herein, not strictly for or against any party and consistent with the provisions contained herein in order to achieve the objectives and purposes of this Permit. L. Incorporation by Reference. All exhibits annexed hereto at the time of execution of this Permit or in the future as contemplated herein, are hereby incorporated by reference as though fully set forth herein. M. Calculation of Time. All periods of time referred to herein shall include Saturdays, Sundays,and legal holidays in the State of Washington,except that if the last day of any period falls on any Saturday, Sunday, or legal holiday in the State of Washington,the period shall be extended to include the next day which is not a Saturday, Sunday, or legal holiday in the State of Washington. 17 N. -Entire Agreement. This Permit is the full and complete agreement of County and Permittee with respect to all matters covered herein and all matters related to the use of the Permit Area by Permittee and Permittee's Contractors, and this Permit supersedes any and all other agreements of the Parties hereto with respect to all such matters,including,without limitation, all agreements evidencing the Permit. O. No Recourse. Without limiting such immunities as the County or other persons may have under applicable law, Permittee shall have no monetary recourse whatsoever against the County or its officials, boards, commissions, agents, or employees for any loss or damage arising out of the County's exercising its authority pursuant to this Permit or other applicable law. P. Responsibility for Costs. Except as expressly provided otherwise, any act that Permittee is required to perform under this Permit shall be performed at its cost. If Permittee fails to perform work that it is required to perform within the time provided for performance, the County may perform the work and bill the Permittee. The Permittee shall pay the amounts billed within 30 days. Q. Work of Contractors and Subcontractors. Work by contractors and subcontractors are subject to the same restrictions, limitations, and conditions as if the Work was performed by the Permittee. The Permittee shall be responsible for all Work performed by its contractors and subcontractors, and others performing Work on its behalf, under its control, or under authority of its utility permit,as if the work were performed by it and shall ensure that all such work is performed in compliance with this Permit, Title 12 MCC, the Manual and other applicable law, and shall be jointly and severally liable for all damages and correcting all damage caused by them. It is the Permittee's responsibility to ensure that contractors, subcontractors, or other Persons performing work on the Permittee's behalf are familiar with the requirements of the Permit,Title 12 MCC,the Manual,and other applicable laws governing the work performed by them and further, for ensuring that such contractors and subcontractors maintain insurance as required herein. R. Survival of Terms. Upon the termination of the Permit,the Permittee shall no longer have the right to occupy the Permit area. However, the Permittee's obligations under this Permit to the County shall survive the termination of these rights according to its terms for so long as the Permittee's utility facilities shall remain in whole or in part in the road rights-of- way,except to the extent the County Engineer has approved abandonment in place. By way of illustration and not limitation, Permittee's obligations to indemnify, defend and hold harmless the County, provide insurance and a performance/payment bond pursuant to Section M and Permittee's obligation to relocate its utility facilities pursuant to Section VIII, shall continue in effect as to the Permittee, notwithstanding any termination of the Permit, except to the extent that a County-approved transfer, sale, or assignment of the utility system is completed, and another entity has assumed full and complete responsibility for the utility facilities or for the relevant acts or omissions. 18 DATED at Shelton, Washington this day of , 20 APPROVED: BOARD OF COMMISSIONERS MASON COUNTY, WASHINGTON County Engineer Chair Approved as to form: Vice Chair Chief D.P.A. Commissioner 19 RECORDED AT THE REQUEST OF AND AFTER RECORDING RETURN TO: County of Mason 100 West Public Works Drive Shelton WA 98584 Attn: County Engineer EXHIBIT "A" MEMORANDUM OF PERMIT Title: Greg Morgan Private Line Occupancy Permit Grantor: COUNTY OF MASON, a legal subdivision of the state of Washington Grantee: Greg Morgan Description of Franchise Area: SEE EXHIBIT A-4 Parcel Number: 22210-12-00090 and 22210-12-00080 Legal Description: TR 9 & 13 of GOVT Lot 2 A-1 ACCEPTANCE OF PERMIT Private Line Utility Occupancy Permit effective , 20 ' IUWe �,,,,v ; our the ��t� i y' of parcel(s) 7 Z I G•-> I and eii Vare the (Operator and) or(representative authorized to) accept Permit on behalf of Ave certify that this Permit and all terms and conditions thereof are accepted by f rl without qualification or reservation and guarantee performance hereunder.(I/We certify that,to the best off�ur knowledge,the assessor's tax identification number of the parcel or parcels benefited by this Permit and a legal description of each such parcel are as described in the attached exhibit. DATED this day of ,20 PERMITTEE(S) By: / Title: STATE OF Vim•►��n ) A C6 )ss. M COUNTY OF 0'^ ) I certify that I know or have satisfactory evidence that ( o�µDMCL Vl is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the owli fL, of the f C L 11,7,16 17,—CY.' cl o to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: =s �.`;on5 a�� _s Publ N " Print Name �SS Ca-7 OTARk o i — pt 1i.�cx S My commission expires O'1t 11.07—C s Ni. AV80 '0 Z .1 's s�► . 01 yy �F•'.a Wa o�..•��,a4� ••��OF ASH A-2 MEMORANDUM OF PRIVATE LINE UTILITY OCCUPANCY PERMIT THIS MEMORANDUM OF PERMIT is dated as of the_day-of ,20_ between the County of Mason,a legal subdivision of the state of Washington("County")and (Permittee). 1. Property. County has, pursuant to Private Line .Utility Occupancy Permit granted to Permittee, the right, revocable at the will of the County, to use and occupy certain road rights-of-way for the construction, installation,adjustment,maintenance,removal,repair, relocation and operation of Permittee's utility facilities for the benefit of the herein described Property, upon the terms and conditions of that certain permit agreement between the parties accepted the day of .. 2020 (the"Permit"), which terms and conditions are incorporated herein by this reference. The property to be benefited-by this permit is situated in the Mason County, Washington, legally described in Exhibit A attached hereto (herein called the"Property"). The road right-of-way permit area("Permit Area")is-also described in attached Exhibit A. 2. Term. The term of the Permit is in perpetuity unless.terminated. 3. Termination. County in its sole discretion may terminate all or part of the Permit with or without cause upon no less than ninety (90) days written notice to the Permittee. Further, this Permit will automatically terminate upon assignment without the prior written consent of the County, or upon transfer of the Property without the prior written consent of the County to an assignment of the Permit or upon transfer of all or part of the utility facilities located in the Permit Area without the prior written.consent of the County to an assignment of the Permit. 4. Purpose of Memorandum of Permit. This memorandum of permit is prepared for the purpose of recordation and notice and in no way modifies the Permit and is in no way intended to or should be construed to create.or convey an interest in land or the road right-of- way- DATED this day of ,20 COUNTY OF MASON County Engineer Approved as to form: Chief D.P.A. A-3 FORM OF MEMORANDUM OF PERMIT Permit Area Map a N I � 5530 4E NORTH SHORE RD ' o I 21012000 <eR ,po - s ot`rs 222101200080 Greg Morgan PL A-4 NEWS RELEASE May 25,2021 MASON COUNTY COMMISSIONERS 411 NORTH 5TH STREET SHELTON,WA 98584 TO: KMAS, KRXY, SHELTON-MASON COUNTY JOURNAL, THE OLYMPIAN, SHELTON CHAMBER OF COMMERCE,NORTH MASON CHAMBER OF COMMERCE, CITY OF SHELTON, ECONOMIC DEVELOPMENT COUNCIL,THE SUN, MASON TRANSIT RE: Eells Hill Transfer Station One Day Closure Mason County Public Works is advising citizens of Mason County that the Eells Hill Transfer Station is scheduled to be closed Monday, June 7, 2021. The closure will allow the county contractor to install a new outbound scale that is an essential piece of equipment to the County's operation of this facility. We appreciate your patience and understanding during this closure. Residents may consider using the Union Drop Box, located at 1391 E McReavy Road that is open from 8:00am to 4:30pm on Monday as an alternative disposal and recycling drop off. If you have any questions,please contact Public Works at(360)427-9670, Belfair (360)275-4467, or Elma(360)482-5269, Ext. 450. BOARD OF MASON COUNTY COMMISSIONERS Randy Neatherlin Kevin Shutty Sharon Trask Chair Vice Chair Commissioner MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Daniel Goodell, Presiding Judge Amber Finlay, Judge Monty Cobb, Judge Jim Madsen Chief Administrator DEPARTMENT: Superior Court EXT: 206/332 BRIEFING DATE: 5/24/21 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 ❑ Legal ❑ Other— please explain ITEM: Relocation of Therapeutic Courts EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions) Background: At this time Mason County operates four Therapeutic Courts (Adult Felony Drug Court, Family Reunification Court, Veterans Court and Mental Health Court) which have seen dramatic growth in participation and demand over the last 5 years. Staffing for these courts include 4 staffs who are currently located in three offices on the 1st floor of the courthouse. (Of note is that two of the staff are located within a vault) Given the current space constraints, staff have a very limited ability to meet with participants. The Therapeutic Courts have received additional grant funds that necessitate more interactions with participants. Summary: The Therapeutic Courts are in need of a larger dedicated office and meeting space in a safe and secure location within the county campus where staff can meet with participants. The current location within the courthouse does not allow for meetings with participants due to space limitations and need for confidentiality. The Superior Court would like to move the Therapeutic Court staff into the back end of the Superior Court's Modular Courtroom building where each staff can have a dedicated space to carry out the mission of the Courts. This is located adjacent to the separated area of the Detention Center utilized for juvenile intervention programs. The Therapeutic Court Division will then be able to schedule the use of the intervention center with the Juvenile Court Division in order to meet with its participants as needed. Briefing Summary 5/19/2021 BUDGET IMPACT: Unknown IT connection impacts that will need to be explored with IT and Facilities. The Therapeutic Courts do have the needed cubicle walls and some additional grant monies available to help with the transfer. Outside of any unknown IT issues, the budget impact is nominal. PUBLIC OUTREACH: (Include any legal requirements, direct notice, website, community meetings,etc.) N/A RECOMMENDED OR REQUESTED ACTION: Allow the Mason County Therapeutic Courts to move into the back end of the Superior Court's Modular Courtroom building. ATTACHMENTS: Briefing Summary 5/19/2021 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Daniel Goodell, Presiding Judge Amber Finlay, Judge Monty Cobb, Judge Jim Madsen Chief Administrator DEPARTMENT: Superior Court EXT: 206/332 BRIEFING DATE: 5/24/21 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 ❑ Legal ❑ Other- please explain ITEM: Superior Court Commissioner Contract EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions) Background: Since 2011, the Board of County Commissioners and Superior Court have entered into an annual court commissioner contract with Robert Sauerlender. Commissioner Sauerlender is retiring June 15, 2021, and the Court has selected Cadine Ferguson-Brown to fill the position. The proposed contract is for 37 hours per week (.925 FTE) split between the Superior Court Budget (.625 FTE) and the Therapeutic Courts budget (.30 FTE), which are the same terms of the previous contract. Because of the mid-year departure of Mr. Sauerlender the new contract will be for the term of June 16,2021 - December 31, 2022. BUDGET IMPACT: The Court Commissioner salary has already been provided for in the 2021 Superior Court current expense budget. PUBLIC OUTREACH: (Include any legal requirements, direct notice,website,community meetings,etc.) N/A RECOMMENDED OR REQUESTED ACTION: Approve the 2021 Court Commissioner Professional Services Agreement for the term of June 16,2021 - December 31,2022 and return the original to Superior Court for our records. ATTACHMENTS: Copy of Agreement Cc: Tim Whitehead Briefing Summary 5/19/2021 COURT COMMISSIONER PROFESSIONAL SERVICES AGREEMENT This agreement is between Cadine Ferguson-Brown (Commissioner) , and Mason County Superior Court (Court) and Mason County (County) . The parties to this agreement, in consideration of the terms and conditions set out below, agree as follows : Section One - Appointment of Commissioner Pursuant to RCW 2 . 24 . 010, the Court hereby appoints Cadine Ferguson-Brown as Court Commissioner for a term beginning June 16, 2021 and ending December 31, 2022, and she hereby accepts such appointment and agrees to act as Court Commissioner pursuant to the terms and conditions set forth herein. Section Two - Responsibilities and Duties of Commissioner 1 . Pursuant to RCW 2 . 24 . 020, Commissioner shall, before entering upon the duties of such office, take and subscribe an oath to support the Constitution of the United States, the Constitution of the State of Washington, and to perform the duties of such office fairly and impartially and to the best of his or her ability. 2 . Commissioner shall perform his or her duties under the direction of, and in accordance with the policies, procedures and timelines established by the Court . 3 . Commissioner' s work schedule shall be 37 hours per week ( . 925 FTE) , normally to be scheduled during regular business hours of Monday through Friday during the hours of 8 : 00 a.m. to 5 : 00 p.m. Additional hours outside of regular court hours may be required as otherwise scheduled. 4 . Commissioner shall regularly preside over court dockets including but not limited to: Therapeutic Courts Involuntary Treatment Court Probate/Guardianship Domestic Relations COURT COMMISSIONER PROFESSIONAL SERVICES AGREEMENT - 1 Domestic Violence and Anti-harassment Ex parte 5 . During the hours established by the work schedule herein, Commissioner may also be required to perform other duties, such as, (1) hear and decide civil, domestic, probate, juvenile and/or adult criminal matters authorized by LCrR 4 . 2; (2) review requests for temporary orders in domestic violence petitions and other ex parte order requests; and (3) other matters as arranged by the Court. 6. Commissioner will successfully complete the Washington Judicial College and shall comply with Continuing Judicial Education requirements as set out in GR 26 . Section Three - Compensation Pursuant to RCW 2 . 24 . 030, County agrees to pay Commissioner for the work set out in the schedule herein a salary at the rate of 85% of the salary of a Superior Court Judge for . 925 FTE. As of June 16, 2021 Commissioner' s rate of pay is as follows : $13, 082 . 88 per month ($81 . 61 per hour) for a total annual salary of $156, 994 . 56. In the event the salary of a Superior Court judge is modified by the Washington Citizen' s Commission on Salaries for Elected Officials, the Commissioner' s salary/rate of pay will also be modified using the following formula: (Superior Court Judicial salary X 0 . 925) X 85% . Any work performed over and above the schedule set forth herein shall be compensated at the hourly rate . Section Four - Benefits/Deductions Commissioner shall be eligible for all benefits available to Mason County employees within Chapters 6 and 7 of the Mason County Personnel Policies . Commissioner shall receive the same insurance premium contribution as regular full-time employees . Deductions by County from Commissioner' s pay will include applicable taxes, an amount equal to an employee' s contribution for applicable benefits and other deductions required by federal and state law. Section Five - Integration Clause This agreement embodies the whole agreement between the parties . This agreement shall supersede all previous communications, representations or agreements, either verbal or written, between the parties . COURT COMMISSIONER PROFESSIONAL SERVICES AGREEMENT - 2 Section Six - Written Modification as Necessary There may be no modification of this agreement, except in writing, executed with the same formalities as this instrument . Section Seven - Termination This agreement shall terminate immediately should Commissioner not be in good standing with the Washington State Bar Association. Additionally, Court or Commissioner may terminate this agreement for any reason upon thirty (30) days written notice delivered to the other party. Actual delivery by Commissioner of a written notice to terminate to the Presiding Judge will constitute notice . Signed this day of Signed this day of June, 2021 : June, 2021 : MASON COUNTY SUPERIOR COURT BOARD OF COUNTY COMMISSIONERS AMBER L. FINLAY, Judge RANDY NEATHERLIN Commissioner District 1 DANIEL L. GOODELL, Judge KEVIN SHUTTY Commissioner District 2 MONTY D. COBB, Judge SHARON TRASK Commissioner District 3 Signed this day of June, 2021 : CADINE FERGUSON-BROWN COURT COMMISSIONER PROFESSIONAL SERVICES AGREEMENT - 3 Approved as to form: MASON COUNTY PROSECUTOR' S OFFICE By COURT COMMISSIONER PROFESSIONAL SERVICES AGREEMENT - 4 ACKNOWLEDGEMENT I, Cadine Ferguson-Brown, acknowledge receipt of a copy of Mason County' s Non-Discrimination and Harassment Policy (chapter 12 of the Personnel Policies) . I shall abide by this policy and that of state and federal laws that preclude discrimination on the basis of a person' s race, color, creed, religion, national origin, ethnicity, age, sex, marital status, veteran' s status, sexual orientation, or disability (known or perceived) . Signed: Date: CADINE FERGUSON-BROWN COURT COMMISSIONER PROFESSIONAL SERVICES AGREEMENT - 5 Mason County Support Services Department Budget Management 14 Cpdp� 411 North 5 Street th Commissioner Administration »� ��. WA 98584 Emergency Management Shelton Facilities, Parks&Trails 360.427.9670 ext. 419 Human Resources Information Services Labor Relations Risk Management MASON COUNTY COMMISSIONER BRIEFING ITEMS FROM SUPPORT SERVICES May 24, 2021 • Specific Items for Review o April Financial Statements -Jennifer o Annual Credit Card Inventory—Jennifer 0 2020 Current Use/Open Space Applications— Diane o News Release— USFS alcohol ban in Lake Cushman corridor—Ross o Cyber Security Awareness Training— KnowBe4- Ross o Consideration of reclassification and staffing requests— Frank o Review of Courthouse Security Proposal from the Courts— Frank o Review American Rescue Plan Act (ARPA) - Frank o Economic review of Vehicle & Body Cameras for Sheriff's Office—Frank o Building 10 Phase 1.5— Frank o Masking requirements for County staff and public - Frank o Establish Special Fund for ARPA money and add to June 22 budget hearing—Jenn o Continue daily COVID cleaning service?— Frank • Commissioner Discussion JADLZ\Briefing Items\2021\2021-05-24.docx MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Jennifer Beierle DEPARTMENT: Support Services EXT: 532 BRIEFING DATE: May 24, 2021 PREVIOUS BRIEFING DATES: N/A ITEM: Mason County Monthly Financial Report: April 2021 EXECUTIVE SUMMARY: Review of Cash Balances, and Budget to Actual Revenues and Expenditures for all County Funds through April 2021. BUDGET IMPACTS: Budget to Actual Comparison of 2020 & 2021 RECOMMENDED OR REQUESTED ACTION: N/A ATTACHMENTS: Mason County Monthly Financial Report: April 2021 J:\Budget Office\Briefing,Agenda,&Public Hearing Items\2021\Briefmg Summary 5.24.2021 -April 2021 Financial Report.doc tt`Pao� Co MONTHLY MASON COUNTY M Y'x`l FINANCIAL REPORT APfUL 2021 J:\Financials\2021 Financials\2021 April Financial Report.xlsx 1 MASON COUNTY MONTHLY FINANCIAL REPORT ANUL 2021 2020 vs 2021 Current Expense Revenue Comparison Revenue Revenue Collected Collected ° Actual dif 2020 Department Name 2020 Budget Through End Uncollected %2020 2021 Budget Through End Uncollected /°2021 vs 2021 Revenue Revenue of Month of Month WSU Extension 19,000 $ 11,937 (7,063) 63% 23,500 11,925 (11,575) 51% (12) Assessor 7,000 35 (6,965) 1% 7,000 12,688 5,688 181% 12,653 Auditor 1,029,190 427,066 (602,124) 41% 1,130,017 396,679 (733,338) 35% (30,387) Emergency Management 64,648 3,863 (60,785) 6% 118,762 1,020 (117,742) 1% (2,843) Facilities&Grounds - 200 200 0% - 226 226 0% 26 Human Resources - - - 0% - - - 0% - Clerk 328,058 47,977 (280,081) 15% 366,348 69,552 (296,796) 19% 21,575 Commissioners - - - 0% - - - 0% - Support Services 700 66 (634) 9% 700 - (700) 0% (66) District Court 978,652 309,916 (668,736) 32% 1,010,757 333,872 (676,885) 33% 23,956 Community Development 1,790,810 669,555 (1,121,255) 37% 2,177,600 1,108,276 (1,069,324) 51% 438,720 Historical Preservation - 0% 76,000 57,063 (18,937) 75% 57,063 Parks&Trails 44,000 12,150 (31,850) 28% 44,000 6,521 (37,479) 15% (5,629) Juvenile Court Services 1,161,972 356,638 (805,334) 31% 1,161,438 420,648 (740,790) 36% 64,010 Prosecutor 192,951 49,631 (143,320) 26% 248,575 56,330 (192,245) 23% 6,699 Child Support Enforcement 209,515 77,029 (132,486) 37% 159,126 51,154 (107,972) 32% (25,875) Coroner 35,000 11,200 (23,800) 32% 35,000 21,280 (13,720) 61% 10,080 Sheriff 1,126,875 351,768 (775,107) 31% 1,000,835 304,902 (695,933) 30% (46,866) Indigent Defense 204,767 69,255 (135,512) 34% 240,767 76,895 (163,872) 32% 7,640 Superior Court 68,927 7,277 (61,650) 11% 68,350 67,098 (1,252) 98% 59,821 Family Court 2,500 504 (1,996) 20% 2,500 648 (1,852) 26% 144 Therapeutic Court 610,884 140,165 (470,719) 23% 636,507 145,236 (491,271) 23% 5,071 Murder Expenditures - - - 0% - - - 0% - Treasurer 26,348,450 9,409,828 (16,938,622) 36% 26,206,041 10,711,459 (15,494,582) 41% 1,301,630 Non Departmental 3,829,804 989,990 (2,839,814) 26% 4,303,486 1,044,129 (3,259,357) 24% 54,139 Motor Pool - 0% 447,202 314,145 (133,057) 70% 314,145 Totals $ 38,053,703 $ 12,946,050 $ (25,107,653) 34% $ 39,464,511 $ 15,211,745 1 $ (24,252,766)1 39% 2,265,695 ILUnaudited *Benchmark for Month is 33,33% J:\Financials\2021 Financials\2021 April Financial Report.xlsx 2 ��hrr MASON COUNTY MONTHLY _- -y FINANCIAL REPORT APRJL 2021 .VSJ Treasurer Department Receipts Treasurer#i001-260-000 2020 Budget 2020 YTD This Month %2020 2021 Budget 2021 YTD This Month `/2021 REAL&PERSONAL PROPERTY TAXES 10,383,385 4,360,527 4,360,527 42% 11,546,496 5,414,146 5,414,146 47% SALES TAX TITLE PROPERTY - - 0 0% - - 0 0% LOCAL RETAIL SALES&USE TAX 6,000,000 1,922,741 1,922,741 32% 6,250,000 2,393,494 2,393,494 38% LOCAL PUBLIC SAFETY-CITY 37,000 15,958 15,958 43% 37,000 16,268 16,268 44% CRIMINALJUSTICE 600,000 243,459 243,459 41% 750,000 285,127 285,127 38% LEASEHOLD EXCISE TAX 35,000 7,405 7,405 21% 26,000 8,396 8,396 32% FOREST EXCISE TAX 225,000 - 0 0% 100,000 - 0 0% FRANCHISE FEES 520,000 157,142 157,142 30% 500,000 122,181 122,181 24% PAYMENT IN LIEU OF TAX/B OF L 289,000 - 0 0% 315,000 - 0 0% PUD PRIVILEGE TAX 725,000 - 0 0% 735,000 - 0 0% DNR OTHER TRUST 2 100 12 12 12% 100 23 23 23% CITY-COUNTY ASSISTANCE 1,415,000 388,157 388,157 27% 1,415,000 496,212 496,212 35% DNR PILT NAP/NRCA 4,000 - 0 0% 4,000 - 0 0% CRIMINALJUSTICE-COUNTIES 680,000 370,314 370,314 54% 700,000 383,183 383,183 55% ADULT COURT COST-JUVENILE OFFE 5,000 1,646 1,646 33% 5,000 1,606 1,606 32% CRIMINAL JST-MARIJUANA ENFORCE 85,000 21,238 21,238 25% 85,000 21,410 21,410 25% DUI-OTHER CRIMINAL JUSTICE A 15,400 7,212 7,212 47% 14,500 8,550 8,550 59% LIQUOR/BEER EXCISE TAX 116,920 35,393 35,393 30% 125,000 83,848 83,848 67% LIQUOR CONTROL BOARD PROFITS 205,000 80,179 80,179 39% 200,000 50,071 50,071 25% IN LIEU OF-CITY OF TACOMA 190,000 31,951 31,951 17% 190,000 68,830 68,830 36% TREASURER'S FEES - 8 8 0% - 15 15 0% PAYMNT FOR SRVCS-MASON LK DIST 475 - 0 0% 360 - 0 0% PAYMNT FOR SRVCS-SPENCER LK FND 0 0% 100 0 0% PAYMNT FOR SRVCS-ISLAND LK FND 120 - 0 0% 100 0 0% CHARGES FOR SRVCS-MACECOM 1,300 - 0 0% 1,325 - 0 0% RETURNED REMITTANCE(NSF)FEES 2,400 440 440 18% 2,500 480 480 19% REET COLLECTION FEES 100,000 26,798 26,798 27% 100,000 47,220 47,220 47% REET COLLECTIONS COSTS 9,000 2,510 2,510 28% 9,000 2,995 2,995 33% 3 Treasurer Department Receipts Treasurer#001-260-000 2020 Budget 2020 YTD This Month %2020 2021 Budget 2021 YTD This Month %2021 TREAS.FIRE PROTECTION ASSESSM 15,000 6,778 6,778 45% 15,000 7,795 7,795 52% TREAS OTHER WORD PROCESSING 575 77 77 13% 425 78 78 18% PUBLIC DISCLOSURE CHGS SRVCS 5 - 0 0% 5 - 0 0% DATA PROCESSING SERVICES - 106 106 0% - 100 100 0% GAMBLING TAX PENALTY - 100 100 0% - 100 100 0% REAL&PERSONAL PENALTY 350,000 89,934 89,934 26% 350,000 119,419 119,419 34% PERSONAL PROP FILING PEN 5,000 8,241 8,241 165% 20,000 10,359 10,359 52% PENALTY ON REAL&PERSONAL PRO - 35,493 35,493 0% - 2,790 2,790 0% FAILURE TO LIST PERSONAL PROP - - 0 0% - 19 0 0% INTEREST&OTHER EARNINGS 800,000 264,097 264,097 33% 500,000 49,259 49,259 10% INVESTMENT SERVICE FEES(TREAS. 25,000 6,863 6,863 27% 20,000 1,879 1,879 9% INT.ON CONT.NOTES-ACCTS.HELD,S 8,500 5,497 5,497 65% 8,500 3,366 3,366 40% LEASEHOLD EXCISE TAX INTEREST - 4 4 0% - 2 2 0% EXCISE INTEREST 50 28 28 57% 50 7 7 14% INV PURCHASED INT - - 0 0% - (812) (812) 0% INTEREST ON DELINQUENT PR TAX 650,000 218,992 218,992 34% 600,000 207,611 207,611 35% RENTS/LEASES-DNR TRUST 1,000 3,157 3,157 316% 10,000 4,484 4,484 45% RENTS/LEASES-DNR TMBR TRUST 1 500,000 94,361 94,361 19% 250,000 199,305 199,305 80% UNCLAIMED MONEY/PROCEEDS-SALES 60,000 60,945 60,945 102% 225,000 177,935 177,935 79% TREASURER TAX FORECLOSURE TRUST 64,000 - 0 0% - - 0 0% CASH ADJUSTMENTS/OVER-UNDER 20 393 393 1965% 10 178 178 1782% TAX DISTRIBUTION ROUNDING - - 0 0% 10 - 0 0% MISCELLANEOUS-OTHER REVENUE 100 - 0 0% 100 26 26 26% ROAD DIVERSION 2,160,000 927,800 927,800 43% 1,080,000 520,017 520,017 48% SALE OF TAX TITLE PROPERTY - (1,514) (1,514) 0% - - 0 0% LEASEHOLD EXCISE TAX 5,000 (298) (298) -6% 2,000 (1,511) (1,511) -76% TIMBER EXCISE TAX 53,000 - 0 0% 10,000 - 0 0% DNR OTHER TRUST 2 50 (955) (955) -1910% 900 (915) (915) -102% OTHER INT-DNR INTEREST 50 13 13 27% 50 11 11 21% RENTS&LEASES/DNR OTHR TRST 1 2,500 16,625 16,625 665% 10 5,902 5,902 59017% SPACE AND FACILITIES LEASES 4,500 - 0 0% 2,500 0 0% Grand Total $26,349,450 $9,409,828 $9,409,828 I 36% 1 $26,206,041 $10,711,459 $10,711,439 41% Unaudited*Benchmark for Month is 33.33% 4 8 MASON COUNTY MONTHLY FINANCIAL ANUL 2021 REPORT 2020 vs 2021 Current Expense Expenditure Comparison Expenditures Expenditures Unexended 2020 Budget through End of Unexended %2020 2021 Budget through End of Budget /2021 Actual dir 2020 Department Name g g g g g s 2021 Month Budget Authority Month Authority WSU Extension 291,774 82,829 $ 208,945 28% 313,520 62,799 $ 250,721 20% (20,030) Assessor 1,433,285 465,474 967,811 3296 1,420,286 467,790 952,496 33% 2,317 Auditor 1,569,039 547,860 1,021,179 35% 1,705,618 505,513 1,200,105 30% (42,347) Emergency Management 232,009 92,368 139,641 40% 309,069 99,864 209,205 32% 7,496 Facilities&Grounds 1,309,792 339,625 970,167 26% 1,372,654 414,183 958,471 30% 74,558 HR/Risk Mngt 592,660 189,260 403,400 32% 608,086 171,847 436,239 28% (17,413) LEOFF 100,044 28,828 71,216 29% 100,044 24,451 75,593 24% (4,377) Clerk 1,037 808 340,714 697,094 33% 1,108,730 388,697 720,033 35% 47,983 Commissioners 348,669 112,943 235,726 32% 355,610 114,331 241,279 32% 1,388 Support Services 716,397 230,531 485,866 32% 745,933 238,168 507,765 32% 7,637 District Court 1,291,480 385,146 906,334 30% 1,351,019 441,454 909,565 33% 56,308 Community Development 2,258,978 671,003 1,587,975 30% 2,700,009 865444 1,834,565 32% 194,441 Historical Preservation - 0% 16,000 2,810 13,190 18% 2,810 Parks&Trails 547,442 134,066 413,376 24% 563,621 177,026 386,595 31% 42,960 Juvenile Court Services 1,943,451 598,749 1,344,702 31% 2,028,280 620,719 1,407,561 31% 21,970 Prosecutor 1,668,998 477,112 1,191886 29% 1,876,838 503,950 1,372,888 27% 26,838 Child Support Enforcement 210,658 60,629 150,029 29% 160,462 35,697 124,765 22% (24,932) Coroner 321,934 99,038 222,896 31% 345,276 113,405 231,871 33% 14,367 Sheriff 11,233,473 3,451,615 7,781,858 31% 13,475,735 3,941,058 9,534,677 29% 489,443 Traffic Policing 2,160,000 734,591 1,425,409 34% 1,080 000 661,538 418,462 61% (73,053) Courthouse Security 170,740 41,387 129,353 24% 170,740 62,422 108,318 37% 21,034 Indigent Defense 1,127 136 359,206 767,930 32% 1,261101 378,262 882,839 30% 19,056 Superior Court 986,175 319,878 666,297 32% 1,017,332 335,947 681,385 33% 16,069 Family Court 2,500 1,070 1,430 4396 2,500 - 2,500 0% (1,070) Therapeutic Court 617,849 171,184 446,665 28% 640,495 172,312 468,183 27% 1,128 Murder Expenditures 50,000 - 50,000 0% 50,000 5,566 44,434 11% 5,566 Treasurer 823,053 294,557 528,496 36% 872,579 318,022 554,558 36% 23,465 Non Departmental 4,202,036 949,811 3,252,225 23% 4,884,779 1,215,496 3,669,283 25% 265,685 Motor Pool 37,438 - 37,438 0% 55,968 9,393 46,575 17% 9,393 Transfers Out to Other Funds 913,913 620,258 293,655 68% 91,339 79,993 11,346 88% (540,265) Totals $ 38,198,731 $ 11,799,730 $ 26,399,001 31% $ 40,683,623 $ 17,428,155 $ 28,255,468 31% 628,426 Unaudited*Benchmark for Month is 33.33% J:\Financials\2021 Finandals12021 April Financial Report.xlsx 5 APRIL 2021 Six Year Specific Revenue Streams Comparison 4/30/2016 4/30/2017 4/30/2018 4/30/2019 4/30/2020 4/30/2021 Community Development Revenues 602,345 488,399 546,502 584,056 669,555 1,108,276 Detention&Correction Services 44,826 14,683 9,932 51,390 41,433 44,047 Current Expense Property Taxes 5,574,454 4,293,142 4,348,568 4,584,391 4,360,527 5,414,146 Road Diversion Property Tax 550,426 669,235 967,737 984,254 927,800 520,017 County Road Property Tax 3,032,204 3,657,852 3,855,930 4,036,932 3,895,168 4,422,468 Current Expense Sales Tax 1,295,388 1,431,068 1,547,301 1,722,611 1,922,741 2,393,494 Criminal Justice Taxes/Entitlements 516,546 538,961 575,863 585,481 643,869 699,877 Rural Sales &Use Tax Fund 171,881 189,221 203,208 238,727 257,503 301,585 400,000 200,000 Com Srvcs-Homelessess Preven Filings 115,535 134,650 132,092 191,661 230,663 312,642 400,000 200,000 Lodging (Hotel/Motel)Tax 100,699 98,266 104,726 125,751 126,249 169,600 200,000 100,000 r REET 1 Excise Tax Only 190,906 286,595 297,111 333,303 322,840 528,373 REET 2 Excise Tax Only 190,906 286,595 297,111 333,303 322,840 528,373 600,000 400,000 200.000 -- J:\Financials\2021 Financials\2021 April Financial Report.xlsx 6 S,p9pT1 COU'YT A MASON COUNTY MONTHLY Y FINANCIAL REPORT APK& 2021 REVENUE MONTH 12020 REVENUE 1 2021 REVENUE DIFFERENCE JANUARY $ 455,733.71 $ 571,994.75 $ 116,261.04 FEBRUARY $ 590,257.14 $ 705,713.58 $ 115,456.44 MARCH $ 449,177.66 $ 554,356.28 $ 105,178.62 APRIL $ 427,572.82 $ 561,429.19 $ 133,856.37 MAY $ 487,803.83 $ (487,803.83) JUNE $ 460,999.44 $ (460,999.44) JULY $ 628,587.98 $ (628,587.98) AUGUST $ 702,582.07 $ (702,582.07) SEPTEMBER $ 671,554.81 $ (671,554.81) OCTOBER $ 653,529.82 $ (653,529.82) NOVEMBER $ 703,295.80 $ (703,295.80) DECEMBER $ 652,599.03 $ (652,599.03) TOTAL COLLECTED REVENUE $ 6,883,694.11 $ 2,393,493.80 PROJECTED END OF YEAR REVENUE REVENUE BUDGETED $ 6,000,000.00 $ 6,250,000.00 $ 7,072,056.55 YET TO BE COLLECTED $ (3,856,506.20) ANTICIPATED INCREASE $ 822,056.55 ONTH ROLLING AVERAGE CHANGE 11.9 PRIO °° R MONTH 12 MO.R,O.LLING AVG CHANGE _ 11.2% J:\Financials\2021 Financials\2021 April Financial Report.xlsx 7 COUN'TA -Y ANUL 2021 �xs.r Six Year Financial Recap Current Expense Recap 4/30/2016 4/30/2017 4/30/2018 4/30/2019 4/30/2020 4/30/2021 Account Receivable from Belfair Sewer 1,200,000 General Fund Operating Reserves 6,520,791 6,817,603 10,044,540 Contingency Reserve 1,000,000 1,000,000 1,000,000 Technology Replacement Reserves 200,000 200,000 200,000 Equipment&Vehicle Replacement Reserves 525,000 525,000 525,000 Accrued Leave Reserve 520,000 530,805 347,742 Current Expense Unreserved Cash 1,363,159 4,344,407 7,005,220 This Month Current Expense Cash $ 8,049,183 $ 5,567,459 $ 5,754,921 $ 10,128,950 $ 13,417,814 19,122,501 Adopted Budget on December 31st 40,787,973 38,548,029 36,930,990 41,404,349 49,581,229 53,464,511 Supplemental Appropriations - 2,866 30,000 - 109,432 - Total Budget including Supplementals $ 40,787,973 $ 38,548,029 $ 36,960,990 $ 41,404,349 $ 49,690,661 53,464,511 Budgeted Beginning Fund Balance 8,019,728 7,309,944 3,061,750 5,786,719 11,636,958 14,000,000 Budgeted Ending Fund Balance 3,219,132 3,196,819 3,261,456 5,738,194 11,491,930 12,780,888 Revenue Budgets 33,632,301 31,238,085 33,899,240 35,617,630 38,053,703 39,464,511 Revenues thru This Month of each year 11,503,612 12,638,138 12,084,756 12,916,849 12,946,050 15,211,745 Budgeted Revenues Received 34% 40% 36% 36% 34% 39% Expenditure Budgets 36,666,979 35,270,322 33,669,534 35,666,155 38,198,731 40,683,623 Expenditures thru This Month of each year 10,295,225 10,542,387 10,635,870 10,713,550 11,799,730 12,428,155 Budgeted Expenditures Expended 28% 30% 32% 30% 31% 31% 8 J:\Financials\2021 Financials\2021 April Financial Report.xlsx Special Fund Cash Balances 4/30/2016 4/30/2017 4/30/2018 4/30/2019 4/30/2020 4/30/2021 Rural County Sales&Use Tax Fund(.09) 218,156 201,096 234,884 775,986 533,640 836,595 Auditor's O&M 230,744 191,146 220,393 237,510 255,345 314,569 County Roads Fund 9,131,102 12,075,523 11,155,940 11,843,622 12,872,645 13,206,922 Paths&Trails 224,055 236,250 249,828 261,661 274,865 282,772 Election Equipment Holding 237,829 266,948 300,199 169,197 187,825 239,055 Crime Victims 231,676 220,774 229,110 183,831 204,129 213,033 Victim Witness Activities 86,502 73,868 26,740 24,415 33,137 21,736 Historical Preservation Fund 48,410 35,008 36,411 34,832 34,121 Community Support Services Fund 442,167 345,896 530,571 719,974 909,240 1,001,293 Abatement/Repair/Demolition Fund 264,535 266,991 270,527 275,348 279,303 278,506 Reserve for Technology Fund 23,942 102,125 133,158 48,505 REET&Property Tax Admin Asst 59,674 68,346 62,495 67,779 68,366 74,534 National Forest Safety 92,610 62,835 31,418 58,162 45,002 27,304 Trial Court Improvement Fund 57,386 69,682 94,687 109,543 122,759 82,703 Sheriff Special Funds 288,500 282,923 280,622 253,396 244,598 Sheriff's Boating Program 27,437 146,969 Narcotics Investigation 1,518 93,136 Public Health Fund 334,437 366,538 160,679 158,082 635,989 1,273,087 Law Library 83,349 83,592 79,860 74,723 67,832 54,742 Lodging(Motel/Hotel)Tax Fund 356,928 344,089 408,178 592,107 746,964 850,206 Mental Health Tax Fund 1,425,949 1,583,135 1,455,171 1,438,341 1,434,075 1,657,108 Treasurer's M&O Fund 1,112,779 137,379 147,590 170,483 201,937 98,632 Veterans Assistance 137,878 218,106 199,924 84,429 76,545 135,539 Skokomish Flood Zone 106,788 196,082 133,611 26,618 71,901 22,297 Mason Lake Management District 105,591 115,574 127,852 150,862 126,985 89,737 Spencer Lake Management District 7,608 14,245 Island Lake Management District 14,158 20,449 21,778 24,516 33,393 34,821 Capital Improvement/Reet 1 Fund 788,533 1,123,339 1,367,967 1,700,519 1,806,902 1,281,108 Capital Improvement/Reet 2 Fund 1,904,129 2,202,362 2,429,108 2,115,220 2,725,016 3,274,375 Mason County Landfill 1,064,265 742,313 904,047 297,999 641,028 1,471,861 N.Bay/Case Inlet Utility 484,942 607,695 775,129 771,998 1,257,853 1,697,092 N. Bay/Case Inlet Utility Reserve 715 718 725 547 Wastewater System Development 3,986 3,986 3,986 3,986 3,986 3,986 Rustlewood Sewer&Water 94,707 371,188 285,022 338,013 122,648 78,849 Beards Cove Water 266,471 307,366 383,090 423,867 499,224 563,224 Belfair WW&Water Reclamation 960,611 68,892 186,264 384,172 884,920 1,299,095 Reserve Landfill 508,600 511,115 500,326 475,247 452,346 444,580 Reserve Beards Cove Ulid 319,609 331,971 346,705 193,735 204,187 211,227 Storm Drain System Development 203,896 87,973 225 187,439 181,156 179,534 Information Technology 64,889 244,071 278,215 94,920 419,246 424,181 Equipment Rental&Revolving Fund 4,420,997 3,572,408 4,073,137 4,228,902 3,182,512 2,413,652 Unemployment Fund 118,707 117,705 195,400 119,085 119,916 134,328 TOTALS $26,520,201 $27,857,457 $28,320,971 $29,119,572 $31,998,100 $34,526,634 9 J:\Financials\2021 Financials\2021 April Financial Report.xlsx MONTHLY ePH coO FINANCIAL xs.t y REPORT APR& 2021 2021 Current Expense and Health Fund Motor Pool Budget to Actual Expenditures FUND OR DEPARTMENT ORIGINAL REVISED YTD MP AVAILABLE %USED APPROP BUDGET EXPENDED BUDGET ASSESSOR 34,908 34,908 11,573 23,335 33.15% EMERGENCY MANAGEMENT 0 0 81 -81 0% FACILITIES&GROUNDS 10,377 10,377 7,154 3,223 68.94% COMMUNITY SERVICES 46,151 46,151 14,396 31,755 31.19% PARKS&TRAILS 3,555 3,555 2,191 1,364 61.63% JUVENILE COURT SERVICES 8,480 8,480 2,114 6,366 24.93% PROSECUTOR 6,646 6,646 2,024 4,622 30.46% CORONER 25,717 25,717 10,441 15,276 40.60% SHERIFF ADMIN 1,078,726 1,078,726 366,890 711,836 34.01% MOTOR POOL 55,968 55,968 9,393 46,575 16.78% Total 001 GENERAL FUND 1,270,528 1,270,528 426,256 844,272 33.55% COMMUNITY SERVICES HEALTH 59,360 59,360 17,406 41,954 29.32% TOTAL SPECIAL FUNDS 59,360 59,360 17,406 41,954 29.32% Total GENERAL FUND &SPECIAL FUNDS 1,329,888 1,329,888 443,6621 886,2261 33.36% Unaudited *Benchmark for month is 33.33% TOTAL MOTOR POOL EXPENDITURES BY ORIGINAL REVISED YTD MP AVAILABLE OF TOTAL OBJECT CODE APPROP BUDGET EXPENDED BUDGET MOTOR POOL SALARIES& BENEFITS 38,672 38,672 9,049 29,623 23.40% MOTOR POOL SUPPLIES 10,300 10,300 39,042 -28,742 379.05% MOTOR POOL FUEL 216,250 216,250 72,281 143,969 33.42% MOTOR POOL LEASE 100 100 141,580 -141,480 141579.82% MOTOR POOL MAINT-MONTHLY 6,234 6,234 10,888 -4,654 174.66% MOTOR POOL REPAIRS 79,836 79,836 25,950 53,886 32.50% MOTOR POOL INSURANCE 45,719 45,719 2,850 42,869 6.23% MOTOR POOL CAPITAL LEASE 559,1581 559,1581 6,5691 552,589 1.17% MOTOR POOL CAP UPFIT 373,6191 373,6191 135,4531 238,166 36.25% Total GENERAL FUND& HEALTH FUND 1,329,8881 1,329,8881 443,6621 886,226 33.36% Unaudited *Benchmark for month is 33.33% 10 MASON COUNTY MONTHLY FINANCIAL REPORT APRIL 2021 2020 vs 2021 Special and Other Funds Revenue Comparison Revenue Revenue Fund Fund Name 2020 Bud et Collected Uncollected %2020 2021 Budget Collected Uncollected %2021 Actual dif 2020 No. 9 Through End Revenue 9 Through End Revenue vs 2021 of Month of Month 103 Sales&Use Tax 703,500 261,289 (442,211) 37% 728,500 302,021 (426,479) 41% 40,732 104 Auditor's 0&M 118,500 22,445 (96,055) 19% 127,500 29,402 (98,098) 23% 6,958 105 County Road 15,862,898 5,286,099 (10,576,799) 33% 17,402,782 6,714,685 (10,688,097) 39% 1,428,585 106 Paths&Trails 12,695 4,520 (8,175) 36% 12,695 1 3,142 (9,553) 25% (1,378) 109 Election Equipment Holdings 38,500 26,092 (12,408) 68% 65,850 11,820 (54,030) 18% (14,272) 110 Crime Victims 41,910 20,304 (21,606) 48% 41,910 34,331 (7,579) 82% 14,027 114 Victim Witness Activities 55,683 26,003 (29,680) 47% 55,683 1,243 (54,440) 2% (24,759) 116 Historical Preservation 16,000 6,212 (9,788) 39% - 0% (6,212) 117 Community Support Services 1,516,600 726,612 (789,988) 48% 1,675,600 924,211 (751,390) 55% 197,598 118 Abatement 8,100 1,430 (6,670) 18% 7,920 119 (7,801) 2% (1,310) 120 REET&Property Tax Admin 20,800 6,730 (14,070) 32% 20,250 7,970 (12,280) 39% 1,239 134 National Forest Safety 23,092 21,466 (1,626) 93% 21,457 20,996 (461) 98% (470) 135 Trial Court Improvements 22,800 11,336 (11,464) 50% 22,672 11,326 (11,346) 50% (10) 140 Sheriff Special Funds 102,200 - (102,200) 0% 0% - 141 Sheriff's Boating Program 208,947 31,218 (177,729) 15% 38,979 31,212 (7,767) 80% (5) 142 Narcotics Investigation Fund 96,797 4,209 (92,588) 4% 7,500 5,591 (1,909) 75% 1,382 150 Community Services Health 2,218,822 948,076 (1,270,746) 43% 2,340,630 2,164,678 (175,952) 92% 1,216,602 160 Law Library 25,373 6,431 (18,942) 25% 24,900 6,653 (18,247) 27% 222 163 Lodging Tax(Hotel/Motel) 392,000 126,891 (265,109) 32% 392,000 169,653 (222,347) 43% 42,763 164 Mental Health 1,224,328 475,402 (748,926) 39% 1,231,968 457,641 (774,327) 37% (17,761) 180 Treasurer's M&O Fund 195,025 146,407 (48,618) 75% 199,210 36,651 (162,559) 18% (109,756) 190 Veterans Assistance 145,060 60,078 (84,982) 41% 140,060 68,720 (71,340) 49% 8,641 192 Skokomish Flood Zone 20,500 67,876 47,376 331% 20,500 1 859 (19,641) 4% (67,017) 194 Mason Lake Mngmt Dist#2 36,000 15,215 (20,785) 42% 36,500 16,527 (19,973) 45% 1,313 195 Spencer Lake Mngmt Dist#3 14,500 7,608 (6,892) 52% 14,500 7,451 (7,049) 51% (156) 199 Island Lake Mngmt Dist#1 10,000 4,489 (5,511) 45% 10,000 4,599 (5,401) 46% 110 350 REET 1 Capital Improvements 1,220,000 333,392 (886,608) 27% 1,220,000 528,998 (691,002) 43% 195,607 351 FEET 2 Capital Improvements 1,535,000 337,799 (1,197,201) 22% 1,210,000 647,387 (562,613) 54% 309,588 402 Mason County Landfill 4,209,280 1,235,108 (2,974,172) 29% 4,694,521 1,530,117 (3,164,404) 33% 295,009 403 IN.Bay/Case Inlet Utility 1,835,584 741,790 (1,093,794) 40% 2,072,857 822,107 (1,250,750) 40% 80,318 404 N.Bay/Case Inlet Utility Res 1 - (1) 0% - - 0% - 411 Rustlewood Sewer&Water 320,200 83,287 (236,914) 26% 376,725 85,678 (291,047) 23% 2,392 412 Beards Cove Water 227,560 75,260 (152,300) 33% 232,793 70,079 (162,714) 30% (5,182) 413 Belfair WW&Water Reclamation 2,294,500 1,127,419 (1,167,081) 49% 4,307,203 1,422,736 (2,884,467) 33% 295,317 428 Reserve Landfill 6,000 2,340 (3,660) 39% 6,000 191 1 (5,809) 3% (2,150) 429 Reserve Beards Cove ULID 11,500 4,428 (7,072) 39% 11,500 3,656 (7,844) 32% (772) 480 Storm Drain System Development 500 - (500) 0% 500 - (500) 0% - 500 Information Technology Dept 751,746 447,805 (303,941) 60% 962,574 482,452 (480,122)1 50% 34,647 501 Equipment Rental&Revolving 3,520,491 963,943 (2,556,548)1 27% 3,620,291 76,825 (3,543,466) 2% (887,118) 502 Unemployment Fund 73,150 - (73,150) 0% 73,805 - (73,805) 0% - Totals $ 39,136,142 $ 13,667,007 $ (25,469,135)1 35% $43,428,335 $ 16,701,728 $ (26,726,607)1 38% 3.034,721 J:\Financials\2021 Financials\2021 April Financial Report.xlsx 11 MASON COUNTY MONTHLY FINANCIAL REPORT APRIL 2021 2020 vs 2021 Special and Other Funds Expenditure Comparison Fund Expenditures Expenditures Actual dif 2020 No Fund Name 2020 Budget through End of Unexpended %2020 2021 Budget through End of Unexpended %2021 vs 2021 Month Budget Authority Month Budget Authority 103 Sales&Use Tax 639,379 467,765 171,614 73% 663,051 474,580 188,471 72% 6,815 104 Auditor's O&M 134,979 49,531 85,448 37% 88,667 42,806 45,861 48% (6,725) 105 County Road 20,704,939 3,686,459 17,018,480 18% 20,791,930 4,539,832 16,252,098 22% 853,373 106 Paths&Trails 1,903 389 1,514 20% 2,238 476 1,762 21% 87 109 1 Election Equipment Holdings 30,615 477 30,139 2% 52,040 457 51,583 1% (20) 110 Crime Victims 93,234 25,387 67,847 27% 98,649 27,159 71,490 28% 1,772 114 Victim Witness Activities 60,234 16,641 43,593 28% 63,345 3,646 59,699 6% (12,995) 116 Historical Preservation 15,753 1,568 14,185 10% 60,000 48,147 11,853 80% 46,579 117 Community Support Services 1,773,626 519,690 1,253,936 29% 1,787,561 968,520 819,041 54% 448,830 118 Abatement 54,518 332 54,187 1% 54,336 288 54,049 1% (44) 120 REET&Property Tax Admin 64,283 10,609 53,674 17% 64,672 10,738 53,934 17% 128 134 National Forest Safety 88,092 1,650 86,442 2% 41,457 10,488 30,969 25% 8,838 135 Trial Court Improvements 50,650 138 50,513 0% 51,380 138 51,243 0% - 140 Sheriff Special Funds 597,682 2,748 594,934 0% - - 0% (2,748) 141 Sheriff's Boating Program 38,187 3,781 34,406 10% 38,890 3,195 35,695 8% (586) 142 Narcotics Investigation Fund 6,043 2,691 3,352 45% 8,204 3,404 4,800 41% 713 150 Community Services Health 2,286,857 655,528 1,631,329 29% 2,756,733 913,855 1,842,878 33% 258,326 160 Law Library 36,365 9,930 26,435 27% 36,272 10,032 26,240 28% 102 163 Lodging Tax(Hotel/Motel) 637,791 112,882 524,909 18% 762,548 130,406 632,142 17% 17,524 164 Mental Health 1,439,941 224,202 1,215,739 16% 1,500,623 196,833 1,303,790 13% (27,369) 180 Treasurer's M&O Fund 269,649 39,749 229,900 15% 293,195 32,869 260,326 11% (6,880) 190 Veterans Assistance 187,060 47,203 139,857 25% 191,422 33,453 157,969 17% (13,751) 192 Skokomish Flood Zone 48,543 17,911 30,632 37% 53,319 2,693 50,626 5% (15,218) 194 Mason Lake Mngmt Dist#2 129,000 242 128,759 0% 145,500 435 145,065 0% 194 195 Spencer Lake Mngmt Dist#3 14,500 - 14,500 0% 19,650 - 19,650 0% - 199 Island Lake Mngmt Dist#1 29,000 746 28,254 3% 40,650 46 40,605 0% (701) 350 REET 1 Capital Improvements 2,304,898 720,942 1,583,956 31% 1,727,776 1,545,246 182,530 89% 824,304 351 REET 2 Capital Improvements 2,687,427 438,862 2,248,565 16% 2,090,995 520,299 1,570,696 25% 81,437 402 Mason County Landfill 4,333,969 1 1,236,491 3,097,478 29% 4,876,235 1,463,826 3,412,409 30% 1 227,335 403 N.Bay/Case Inlet Utility 2,124,568 S08,760 1,615,808 24% 2,092,382 549,215 1,543,167 26% 40,455 404 N.Bay/Case Inlet Utility Res 654 654 0% - - - 0% - 405 Wastewater System Development - - - 0% 3,986 3,986 0% 411 Rustlewood Sewer&Water 459,233 130,860 328,373 28% 482,065 83,355 398,710 17% (47,505) 412 Beards Cove Water 216,877 48,044 168,833 22% 218,444 52,010 166,434 24% 3,966 413 Belfair WW&Water Reclamation 2,166,524 590,848 1,575,676 27% 4,447,667 533,280 1 3,914,387 12% (57,568) 428 Reserve Landfill 26,168 11,709 14,459 45% 301,780 445 301,335 0% (11,264) 429 Reserve Beards Cove ULID 3,754 939 2,816 25% 1 4,286 1,072 3,215 2S% 133 480 Storm Drain System Development 1,850 411 1,439 22% 1,029 237 792 23% (175) 500 Information Technology Dept 999,366 208,241 791,125 21% 961,722 266,072 695,650 28% 57,831 501 Equipment Rental&Revolving 4,128,801 1,015,433 3,113,368 25% 4,567,323 1,846,660 2,720,663 40% 831,227 502 Unemployment Fund 1 242,484 35,994 1 206,490 15% 230,005 46,060 183,945 1 20% 10,067 Totals $ 49,129,396 1 $ 10,845,785 1$ 38,283,611 1 72% 1 $ 51,672,027 $ 14,362,271 $ 37,309,756 28% 3,516,486 J:\Financials\2021 Financials\2021 April Financial Report.xlsx 12 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Kelly Bergh for Jennifer Beierle DEPARTMENT: Support Services EXT: 644 BRIEFING DATE: May Y, 2021 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information INTERNAL REVIEW (please check all that apply): I I Budget/Finance [ Human Resources E Legal ❑ Other — please explain ITEM: 2021 Oath of Credit Card Inventory pursuant to RCW 43.09.2855 and Mason County Resolution 10.18 EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): As required by RCW 43.09.2855 and Mason County Resolution 10.18, the Commissioners of Mason County approve the annual inventory of credit cards as part of the system of authorization and control adopted for the use of credit cards. BUDGET IMPACT: N/A PUBLIC OUTREACH:(Include any legal requirements, direct notice, website, community meetings, etc.) N/A RECOMMENDED OR REQUESTED ACTION: Request Approval from the Board of County Commissioners to sign the annual Oath of Credit Card Inventory. ATTACHMENTS: 2021 Oath of Credit Card Inventory RCW 43.09.2855 Resolution 10.18 Briefing Summary 5/7/2021 OATH OF CREDIT CARD INVENTORY 2021 As required by RCW 43.09.2855 and in compliance with Mason County Resolution 10.18, we, the Commissioners of Mason County, do solemnly swear that this is the full and complete inventory, of all credit cards with US Bank for Mason County as of June 1, 2021 DEPARTMENT BUDGET DEPARTMENT#(S) Limit Assessor 001-020-000 2,000.00 Auditors 001-030-000 7,000.00 Clerks 001-070-000 2,000.00 Commissioners 001-090-000 2,000.00 Human Resources 001-090-000 5,000.00 Commissioners 001-090-000 10,000.00 Mason County - IT 001-090-000 10,000.00 Commissioners 001-080-000 2,000.00 Coroners 001-190-000 5,000.00 DCD 001-125-000 2,000.00 District Court 001-100-000 4,000.00 Emergency Management 105-000-120 10,000.00 Health Department 150-000-000 20,000.00 Prosecutor 001-180-000 10,000.00 Facilities 001-055-000 10,000.00 Parks 001-146-000 4,000.00 Public Defense 001-240-000 3,000.00 Mason County ER&R 501-000-000 20,000.00 Public Works 105-000-000 10,000.00 Public Works 105-000-000 10,000.00 Sheriff 001-205-000 10,000.00 Sheriff 001-205-000 20,000.00 Sheriff 001-205-000 10,000.00 Sheriff- Boating 141-000-000 2,000.00 Sheriff- Boating 141-000-000 2,000.00 Sheriff- N&S Precincts 001-205-000 2,000.00 Treasurers 180-000-000 10,000.00 Utilities 402-000-000 5,000.00 403-100-020 406-000-000 411-100-000 411-200-000 412-000-000 480-000-000 Superior Court 250-000-000 10,000.00 Juvenile Probation 170-000-000 10,000.00 171-000-000 172-000-000 2021 Oath of Credit Card Inventory with US Bank Subscribed and sworn this day of 2021 BOARD OF MASON COUNTY COMMISSIONERS Randy Neatherlin, Chair Kevin Shutty, Commissioner J:\Credit Card\2021 Annual Oath of Credit Card Inventory\2021 Credit Card Annual BOCC Information.xls 3/12/2019 RCW 43.09.2855:Local governments—Use of credit cards. RCW 43.09.2855 Local governments—Use of credit cards. (1)Local governments,including counties,cities,towns,special purpose districts,municipal and quasi-municipal corporations,and political subdivisions,are authorized to use credit cards for official government purchases and acquisitions. (2)A local government may contract for issuance of the credit cards. (3)The legislative body shall adopt a system for: (a)The distribution of the credit cards; (b)The authorization and control of the use of credit card funds; (c)The credit limits available on the credit cards; (d)Payment of the bills;and (e)Any other rule necessary to implement or administer the system under this section. (4)As used in this section,"credit card"means a card or device issued under an arrangement pursuant to which the issuer gives to a card holder the privilege of obtaining credit from the issuer. (5)Any credit card system adopted under this section is subject to examination by the state auditor's office pursuant to chapter 43.09 RCW. (6)Cash advances on credit cards are prohibited. [1995 c 30§2.Formerly RCW 39.58.180.1 NOTES: Findings-1995 c 30:"The legislature finds that(1)the use of credit cards is a customary and economical business practice to improve cash management,reduce costs,and increase efficiency;and(2)local governments should consider and use credit cards when appropriate."[1995 c 30§1.] https://apps,Ieg.wa.gov/rcw/defauIt.aspx?cite=43.09.2855 �/1 RESOLUTION NO..A) A Resolution to update the Mason County Credit Card Policy&Procedures by amending Resolution 96-05. WHEREAS, RCW 42.24.115 authorizes counties to provide for the issuance and use of charge cards to employees for the purpose of covering expenses incident to authorized travel; and WHEREAS, RCW 43.09.2855 authorizes counties to use charge cards for official government purchases and acquisitions; and WHEREAS, the Mason County Board of Commissioners believe that the use of credit cards can improve cash management, reduce costs, and increase efficiency when used appropriately; and WHEREAS, it is necessary to provide proper controls over the distribution, authorization, and administration for the use of credit cards for transacting County business; NOW,THEREFORE, BE IT RESOLVED BY THE BOARD OF MASON COUNTY COMMISSIONERS to update the Mason County Credit Card Policy and Procedures as set forth in Attachment A. Dated this 20"' day of February, 2018. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: Rand Ne her in, Chairperson Mel s D ry, Clerl f the Board APPROVED AS TO FORM: Terri Drexler, Coninissioner Tim Whitehea , eputy Prosecuting Attorney Kevin S&Kutlty Commissioner C: All Departments 1\Credit Card\Resolution to update the Mason County Credit Card Policy&Procedures.doc Mason County Credit Card Policy & Procedures Resolution No. 10-1!K Mason County Credit Card Policy References: RCW 42.24.080 RCW 42.24.115 RCW 43.09.2855 Purposes: To comply with State Laws on the use of credit cards for travel,purchases and acquisitions. (RCW 43.09.2855 (1)) To provide opportunities for cost savings available only with the use of credit cards. To provide an economical business practice that will increase efficiency. 1. Issuance and Inventory of Credit Cards (a) The County authorizes the issuance of credit cards to departments for the purpose of covering authorized travel expenses incurred by government officials and employees as well as for official authorized government purchases or acquisitions. (RCW 43.09.2855) (b) Elected officials, department heads, and County administrators who feel their department's operations would benefit from having a credit card shall make a formal request to the County Commissioners, or their designee. The formal review of these requests implements a systems of controls, and allows for better tracking of the number of cards issued County-wide and by department, authorized credit and single purchase limits, and to ensure that bills are paid in accordance with the RCWs pertaining to credit card usage and County policy(RCW 42.24.080, RCW 42.24.115, RCW 43.09.2855). All requests for new credit cards will be submitted using the Mason County Credit Card Request Form(Exhibit A)and will include the following documents: a. A list detailing the specific types of transactions the department anticipates for the credit card. (RCW 43.09.2855 (3a)) b. A list of authorized users of the card. The decision as to whom will be authorized to use the card will be at the discretion of the elected official or department head. (RCW 43.09.2855 (3b)) c. A signed Mason County Credit Card Use Agreement(Exhibit B)by the authorized user(s) acknowledging that they have read the County's credit card policy and procedures and that they will use the card in accordance with this policy. These statements will be kept and maintained by each Issue Date: Page I of 7 Mason County Credit Card Policy & Procedures' Resolution No. department's designated Card Custodian. The Card Custodian will also sign a statement acknowledging their understanding of the policy and their responsibilities as the Card Custodian(Exhibit Q. (RCW 43.09.2855 (3e)) d. A request for the credit limit of each card that is being requested. (RCW 43.09.2855 (3c)) (c) The Commissioner's Office shall maintain an active listing of credit card users,cards issued,and credit limits.(RCW 43.09.2855 (3c)) (d) Departments that have credit cards with retailers(charge card/account cards)must adhere to the same credit card policies and procedures as with a bank credit card.No special permission is needed for these cards, except if a fee is charged to obtain the card. The Board of County Commissioners has approved vendor specific credit cards with no fees for use in all offices and departments. Charge cards with fees require permission from the Board of County Commissioners.A list of all active retailer credit cards and an active listing of authorized users must be on file with the County's Commissioner's office. (RCW 43.09.2855 (3e)) (e) Each Elected Official or Department Head is responsible for the distribution, retrieval, and tracking of each card issued within their office or department.Monthly reconciliations are the responsibility of the department that holds the credit card and is required for each department. (RCW 43.09.2855 (3e)) 2.Use of Credit Cards (a) All purchases made with these cards must be in compliance with the County's purchasing,contracting,vendor list and other applicable policies. (RCW 43.09.2855 (3e)) (b) When a County credit card is used for the purpose of covering expenses related to authorized travel,the government official or employee must submit a fully itemized travel expense voucher with original receipts attached.This is to be submitted within five(5)days of authorized travel. Charges against the credit card that are not properly identified on the travel expense voucher or are found to be not allowed following the County's purchasing,contracting,vendor list,and other applicable policies,as well as the audit required under RCW 42.24.080, shall be paid by the official or employee by check or salary deduction. (RCW 42.24.115) (c) If, for any reason,disallowed charges are not repaid by the official or employee before the credit card billing is due and payable,the County shall have a prior lien against and a right to withhold any and all funds payable or to become payable to the official or employee,up to an amount of the disallowed charges and any interest and/or late fees incurred,as charged by the issuing credit card company. (RCW 42.24.115) Issue Date: Page 2 of 7 Mason County Credit Card Policy & Procedures Resolution No. (d) Credit cards will be assigned in the name of the office or department, and not in the name of an individual. (RCW 43.09.2855 (3e)) (e) The County's Financial Services Auditors shall establish and implement a written procedure for the payment of all credit card bills. All departments must adhere to this written procedure in order to maintain efficiency,timeliness, consistency, and accuracy of the County's credit card payments. (RCW 42.24.080) See Exhibit E for the current credit card voucher procedures established by Financial Services. (f) Immediate surrender of a credit card(s)may be required if an elected official, employee, or department uses their credit card in a manner that is inconsistent with the County's code,policies, and procedures. (RCW 43.09.2855 (3e)) 3. Liability (a) The individual office or department is responsible for the liability incurred by the use of their credit cards. Payment is due immediately upon receipt of monthly statement. Balances on all cards must be paid so no late fee is incurred. (RCW 43.09.2855 (3d)) See Exhibit E 4. Spending Limits (a) Each Elected Official or Department Head will seek approval by the Board of Commissioners for their department's spending limits, and/or pre-authorization for credit cards issued in their office or department. Such limits will be consistent with office or department spending levels established by the Board of County Commissioners in the annual budget process. The Elected Official or Department Head is responsible for communicating the limit to each user. Subsequent requests for credit limit increases must be submitted to the Board of Commissioners, or their designee,via the Mason County Credit Card Request Form(Exhibit A). (RCW 43.09.2855 (3c)) 5. Unauthorized uses (a) Under no circumstances may an employee or elected official use a government credit card for personal expenses, even if they reimburse the County before the bill is due. (RCW 43.09.2855) (b) Cash advances on all County credit cards are prohibited. (RCW 43.09.2855 (6)) (c) Money orders/Travelers Checks/Gift Cards purchased with County credit cards are prohibited. (RCW 43.09.2855 (3e)) Issue Date: Page 3 of 7 Mason County Credit Card Policy & Procedures Resolution No. (d) Meal and beverage purchases on all County credit cards are prohibited, except under special circumstances as defined by the Mason County Travel Policy. (Exhibit F) (RCW 43.09.2855 (3e)) (e) If an authorized departmental official or employee has charges that are disallowed and are not repaid prior to the credit card billing date,the office or department shall have a prior lien on the employee's wages,including final pay. (RCW 42.24.115 (3)) (f) Failure to repay disallowed charges shall result in a penalty of ten percent per annum from the date of default until repaid. The interest will be computed as simple interest on the outstanding balance. This penalty is payable to the County and is in addition to interest and penalty charges imposed by the credit card company. (RCW 43.09.2855 (3e)) Mason County Credit Card Procedures Definitions: Credit Cards (Bank Cards):Mason County uses the credit card offered through the State of Washington contract. Departments may not use other bankcards. Charge Cards/Account Cards: Cards issued through specific vendors showing an established account. Not a credit card. No special permission is needed for these cards, except if a fee is charged. Charge cards with fees require permission from the Board of County Commissioners. For example, Costco charges a fee for their cards,and they can only be used at Costco stores. Credit Card System Administrator: An individual within the Commissioners' Office is responsible for providing training,advice,direction,consultation and assistance to Approving Managers and Card Custodians. Approving Manager: The Elected Official,Department Head or designee responsible for designating card custodians and requesting purchasing card limits. They will advise custodians of applicable limits and ensure that proper card usage, security,controls, timely bank statement reconciliation and approval,reception of transaction documentation and other related responsibilities are followed. Card Custodian: A Regular Employee,as defined in the Mason County Personnel Policy,within each office or department is responsible for card security and use. Custodians may designate employees within their office or department to use the credit card to purchase specific items or use a credit card for travel purposes. Approving Authority: A Commissioner or their designee Issue Date: Page 4 of 7 Mason County Credit Card Policy & Procedures Resolution No. I. Charge or Vendor Specific Cards: 1. Elected Official or Department Heads make arrangements with individual vendors for charge or vendor specific cards. 2. If a fee is charged for the card,prior permission must be obtained from the Board of Commissioners. Please contact the Commissioners' office. 3. Keep all cards and account numbers safe. 4. Report inventory of all charge and/or vendor specific cards to the Board of Commissioners' annually. A form,provided by the Commissioners' Office, will be submitted annually by each department, listing the inventory and custodian(s)of all charge and/or vendor credit cards (Exhibit D). H. Credit Cards Bank Cards) 1. Contact credit card system administrator Contact the Credit Card System Administrator in the Commissioners' Office. That person will help your office/department complete the Implementation Form and Letter of Request. The Administrator will establish an account through the Procurement Card contact through the State of Washington. 2. Designate a credit card custodian To designate a new credit card custodian,the Approving Manager completes the Mason County Credit Card Request Form(Exhibit A) and sends it to the Credit Card System Administrator in the Commissioners' Office, along with a signed Credit Card Custodian Agreement(Exhibit Q. Custodians are responsible to: a. Pick up the credit cards from the Credit Card System Administrator in the Commissioners' Office. b. Keep all the credit cards safe and locked when not assigned to an employee. c. Maintain a log of credit cards checked out,to whom, date,purpose, date returned, sales slip returned, etc. d. Maintain the signed Mason County Credit Card Agreements(Exhibit B) from all authorized users of the department's credit card(s). Issue Date: Page 5 of 7 Mason County Credit Card Policy & Procedures Resolution No. e. Report Credit Card Fraud to the Credit Card System Administrator and file a claim with the credit card company. The credit card company will send a form to the department with reported fraud,which will be filled out and a copy submitted with the credit card statement to Financial Services. 3. Using the Credit Card(RCW 43.09.2855 (3)) a. The credit cards must be kept safe and secure at all times. When not in use by an individual, it is required that all credit cards be stored in a locked drawer or safe, with limited access. b. When needed for use,the custodian completes the information on the log and has the employee sign the log. If the custodian is the one to use the card,have another employee initial the log. c. The Approving Manager must set the boundaries for credit card use and must communicate this to the employee before they use the credit card. (Prohibited: meals, cash advances,and personal items.) Proof of communication may be done by a signature on a use agreement, etc. d. The card user must obtain and return all charge slips regardless what is purchased, to the custodian or departmental accountant. e. An itemized receipt must be obtained for all purchases when possible. f. Government officials and employees are expected to return the card to the card custodian promptly after each authorized us. Under no circumstances shall the card information be stored by a government official or employee. g. To raise or lower a spending limit on a credit card, complete the Mason County Credit Card Request Form(Exhibit A) and send it to the Credit Card System Administrator in the Commissioners' Office. 4. Credit Card Billing Statements(RCW 43.09.2855 (3)) a. The Credit Card Administrator will receive a master statement of all credit card accounts, for review and audit purposes only. b. The Credit Card Custodian in each department will receive a detailed bill each month for the cards they are responsible for. c. It is the Credit Card Custodian or departmental accountant's responsibility for submitting payment in the proper amount of time each month, pursuant to the Issue Date: Page 6 of 7 Mason County Credit Card Policy & Procedures Resolution No. procedures established by the Auditors in the Financial Services office. (RCW 42.24.080) d. For each purchase made by a charge card, a signed supplier sales receipt/charge slip that clearly describes the items purchased,price, and any applicable tax should be retained by the custodian and attached to the log during the reconciliation process. Documents: • Mason County Credit Card Request Form—see Exhibit A • Mason County Credit Card Agreement—see Exhibit B • Credit Card Custodian Agreement—see Exhibit C • Department Credit Card Inventory List—see Exhibit D • Credit Card Vouchers Procedures—See Exhibit E • Travel Policy—See Exhibit F Issue Date: Page 7 of 7 MASON COUNTY CREDIT CARD REQUEST FORM Exhibit A Please forward request to: Mason County Support Services Type of Request: ' I O New Card(Sections A,B,C,E) O Change or Add Credit Card Custodian(Sections A,E) O Increase/Decrease Credit Limit(Sections A,B,D,E) A.Department Information Department Name Department Physical Address Phone Number Ext Department Authorized Credit Card Custodian's Name(s) Phone#&Ext(if different from above) B.Please provide a brief description of the reason for and a list of example transactions of the requested card. The list of required documents to be submitted with this request is in Section 1.of the Credit Cord Policy. } I I i I C.For New Credit Card Request: D.For Credit Limit Increase/Decrease: Department's Credit Limit Request Department's Current Credit Limit i Approved Credit Limit(to be determined by BOCC New Credit Limit Request or their designee Approved Credit Limit(to be determined by BOCC or their designee) O Request Approved E. Department Head Signature&Date O Request Denied Reason(s)for denial of request: Approving Authority Signature&Date Mason County Credit Card Use Agreement Exhibit B I hereby acknowledge the receipt of my Mason County, US Bank Purchase Card. In consideration of Mason County obtaining the Card and providing it to me, I agree to the following: 1. The credit card is for Mason County business related purchases only; personal charges are not to be made. 2. Meals are not allowed to be charged to the credit card. You may submit for reimbursement after your travel to cover your meal allowance, based on per diem rates. 3. 1 will promptly submit travel expense reports covering amounts charged to the Card and will attach a detailed copy of each Card transaction. 4. Improper use of the Card is considered misappropriation of county funds, which may result in corrective action, up to and may include termination. 5. 1 will promptly return the Card to Mason County if requested to do so or if my employment with Mason County is terminated. 6. If Mason County pays US Bank any un-authorized amounts charged to the Card, I authorize Mason County to take such actions, as it deems necessary to recover the amounts paid, including withholding such amounts from my wages or from any other sums payable to me by Mason County. 7. A lost or stolen card should be reported immediately to the Card Custodian and by telephone to US Bank Customer Service at 1-877-846-9302. Your signature verifies that you understand and agree to comply with Mason County's charge card guidelines listed above. Employee Signature Card Custodian Date Date C:\Users\jsweet\Documents\GroupWise\Mason County Credit Card Use Agreement Form.doc i Mason County Credit Card Custodian Agreement Exhibit C I hereby acknowledge the receipt of my Mason County, US Bank Credit Card. Account Number: (the "Card") In consideration of Mason County obtaining the Card and providing it to me, I agree to the following: 1. The credit card is provided to Mason County's employees based on their need to purchase business related goods and services. 2. Credit card custodians are expected to comply with internal control procedures in order to protect Mason County's assets. This includes keeping receipts, reconciling monthly statements, and following proper card security measures. 3. All charges are billed directly to and paid by Mason County. Personal charges can't be paid to the bank directly and therefore are considered misappropriation of county funds. 4. 1 understand that my department's card privileges may be suspended or cancelled if I am delinquent in paying US Bank. 5. A cardholder must surrender his or her Card upon termination of employment (i.e. retirement, voluntary or involuntary termination). At this point, no further use of the account is authorized. 6. A lost or stolen card should be reported immediately by telephone to US Bank Customer Service at 1-877-846-9302. The custodian will also report the lost or stolen card to the program administrator. Your signature verifies that you understand and agree to comply with Mason County's charge card guidelines listed above. Card Custodian Credit Card System Administrator Date Date C:\Users\jsweet\AppData\Local\Temp\7:Pgrpwise\Mason County Credit Card Custodian agreement Form.doc i Credit Card Inventory by Department Exhibit D DEPARTMENT: Elected Official/Department Head: NONE CREDIT CARDTYPE: CREDIT CARD TYPE: CREDIT CARD TYPE: CREDIT CARD TYPE: CREDIT CARD TYPE: CREDIT CARD TYPE: CREDIT CARD TYPE: CREDIT CARD TYPE: CREDIT CARD TYPE: CREDIT CARD TYPE: Person submitting this form: Date: C:\Users\js eet\Documents\GroupWise\Department Credit Card Inventory form.doc Created on 1/22/2018 9:45:00 AM I Exhibit E Credit Card Vouchers: Within five (5) days receipt of your monthly credit card statement you need to enter your payment on a separate batch from your other accounts payable invoices in Munis. Financial Services will be doing special AP runs to accommodate the credit card payments should they not fall within the current published AP Run schedule. PURCHASE ORDER USERS: If you are one of the departments using a Munis PO entry, please continue to do so. The PO should have all entries for the entire credit card payment. If you have a credit on account on your current statement please contact Financial Services before entering this credit on a PO. INVOICE ENTRY SCREEN USERS: If you aren't using a Munis PO, please enter your total payment due on the Gross Amount line and utilizing separate lines in the account field on your entry screen, allocate your purchases by fund and BARS. If you have a credit on account on your current statement enter the credit on an account line as a negative number. The fund and BARS should be the same as the original purchase that was made for which you are receiving a credit or refund. ALL USERS: The batch must include: Payment in full amount as shown on the credit card. Include any late fees. Original US Bank statement and all detail with remit coupon. All original receipts and invoices noted on your credit card statement. All supporting documentation required for the purchase, such as a signed travel voucher and back up documents or capital asset form. If another department used your credit card and you don't have Munis permission to enter their fund information into a batch, we can assist you. After you have entered your fund expenditures on an invoice i entry screen, contact Financial Services. We will enter the other department data for you on the same batch. You will then be able to t print an edit showing a complete payment for all funds. You will be responsible for obtaining the proper signatures required on your batch Exhibit E edit for all funds being used before turning the batch into Financial Services. The goal is to produce one warrant showing a complete payment for that credit card, regardless of the fund using the card. For the data in the Invoice cell, please enter the following: Invoice cc#9999 JULY 2017.This is the last four digits of the credit card, the month and year. If you only use the last four digits and the month, next year you will receive a duplicate entry warning when you attempt to pay. Under no circumstances should you put in your full credit card number either in this field or the description field. In the Description cell, you may put as much as you can. Normally the place of purchase works well. You have limited space. If you are using a PO you have a great deal of space to capture detail for each purchase. DO NOT untick the Separate Check box. This is set in the vendor master default file. US Bank does not want multiple payments from different cards on the same warrant. n separate check Keep it like this. If you have a grant expenditure please remember to check the PA applied box. PAappiied l [-] Please do not tick the Include Documentation box. Include documentation This causes the warrant to print out of order. Attach your statement and credit card detail to a blank piece of paper with the Munis Top of Form imprint on the top. Attach your receipts, invoices and.back up documentation in the same order as noted on your credit card statement. Staple these together. Paperclip the remit coupon, with the amount filled in, to the back of this entire stack. Print your batch edit and have it signed. Place the batch in the green voucher box in Financial Services. CREDIT CARD TRANSACTION LOG All Auditor credit card purchases must be noted on the transaction log. When the credit card statement arrives, please enter your purchases in Munis and send to Financial Services. Your voucher must include the actual credit card statement and original remit coupon,all purchases and detailed original receipts/invoices and this transaction log. The transaction log must be signed by an authorized signer for the funds being used and included with your voucher. DATE DATE DATE EMPLOYEE USING CARD VENDOR NAME AMOUNT RETURNED VOUCHERED All purchases noted above have been authorized by the Auditor's department. All purchases are for official County use. All purchases have an original invoice or an emailed invoice attached. DATE AUTHORIZED SIGNATURE PLEASE ATTACH THIS TRANSACTION LOG TO YOUR CREDIT CARD VOUCHER 1 Exhibit F TRAVEL POLICY Mason County recognizes that out of town travel and related business expenses can be an integral and necessary component of the operation of local government. This policy is intended to establish equitable standards and to provide consistent and fair treatment to all employees who incur such expenses. It is also intended to establish and maintain effective controls over those expenses. County officials (department heads and elected officials) and County employees are expected to exercise prudent judgment when incurring travel expenses on behalf of the County doing official County business. The failure of employees to follow tilts policy,or incur excessive expenses, may be cause for disciplinary action. Non business related expenses and/or expenses not made in accordance with this policy will not be approved or reimbursed. All travel and associated expenses must be approved in advance by the department head or elected official.. Employees will be reimbursed for reasonable and customary expenses actually incurred in connection with doing business on behalf of the County. These may include: meals, lodging,transportation and other necessary expenses while away from the office. These expenses may not include: alcoholic beverages; tobacco;tips exceeding 15%; meals, lodging or transportation provided for the employee by an outside entity as part of the employees participation; any expenses for a person(s)traveling with the employee; any expenses incurred that are not in connection with the business of the County All requests for payment of travel must be submitted to the Auditor's Financial Services department on forms approved and provided by the Auditor. All required documentation must also be submitted on the approved travel document form. Required travel documents include all itemized receipts, conference/seminar agendas, and all proof of costs incurred while doing business on behalf of the County. Travel documents should be presented to the Auditor's Financial Services department In the month the charges occur. If an employee chooses to travel to a destination in advance of the necessary time for arrival, or remain at the destination following the official closing of the event, there will be no additional per diem, lodging or miscellaneous expenses paid to the employee. All requests for payment must be signed by the department head or elected official and the employee that is requesting reimbursement. An employee may not request reimbursement on behalf of another employee. If an employee is compensated I y an outside entity for any travel costs while traveling on behalf of Mason County,the employee will deposit those funds with the Mason County Treasurer. The employee will provide the Auditor's Financial Services department with a copy of the Treasurer's deposit receipt and a detail of the expenses covered. Any member of a board, committee or commission that is not a Mason County employee, but is an appointed member to do business on behalf of Mason County is subject to all travel rules and documentation noted herein. Exhibit F PER DIEM (meal reimbursement) All requested meal reimbursement must have a detailed receipt. Meals will be reimbursed, minus any alcohol or a tip exceeding 15%, using the Washington State Office of Financial Management (OFM) per diem rates and,for out of state travel, the U.S.General Services Administration (GSA) per diem rates. The meals will be reimbursed up to the allowable rate for the area and meal on those rate maps, der diem wilt be reduced for any meals 'seminars or similar events. Reimbursement will provided through conference registration, ! not be made if the employee chooses not to eat the meal provided and eats elsewhere, 1 Single Day Per Diem (meal reimbursement): Single day per diem occurs when no overnight stay is required. Single day meal reimbursements are considered to be taxable wages according to the IRS and will be included as gross taxable income of the employee. An employee must use the single day per diem form and include it with their payroll timesheet information. The department supervisor will forward the per diem form to the Auditor's Financial Services department. The rneal will be added to their taxable gross wages and taxed accordingly. Per Diem (meal reimbursement) while in overnight travel status: If an overnight stay is required, per diem will be based on either OFM (in state) or GSA ll ill (out ofs state) rates for he location he ch emhloe employee nefors in r thatume 1.travel On days of departurem e a andere urn be based on t p Y an employee will apply the Three Hour Rule (see rule below). Three Hour Rule for per diem (meal reimbursement): If an employee is in travel status for three hours beyond their regular work schedule for a single day,they may receive meal reimbursement. The three hours may consist of hours occurring before, after or a combination of both before and after the employee's regular work schedule for the day. The employee may not stop for a meal just to meet the three hour rule. Special Circumstances: During emergency situations such as, but not limited to, initial crime scene investigations, major crimes, emergency weather situation, natural disasters, etc,when employees are working extended hours and stopping for a meal break could worsen the emergency or increase costs to the County, departments may provide an on-scene meat of nominal cost. A detailed receipt, including names of all employees/volunteers involved, must be provided. All receipts and pertinent information involving the emergency situation must be included on the claim for payment voucher submitted to the Auditor's Financial Services department. An employee may not claim a per diem meat reimbursement if their County department is also submitting a claim for payment voucher for the same incident. LODGING All lodging is to be reserved using a government, or most economical, rate whenever possible. County credit cards may be used to secure lodging for a County employee. Exhibit F Reimbursement for lodging is allowed when the temporary duty station is located more than fifty (50) miles, using the most direct route,-of the closer of either the traveler's official residence or official work station. Reimbursement will be made for the actual lodging expense and any applicable taxes. If there are additional charges for a person(s) traveling with the employee, who is not traveling on behalf of County business, the employee is responsible for all charges for that additional person(s)and it will not be reimbursed. An itemized statement is required for all charges. I If an employee shares an accommodation with another employee or an employee of another entity who is attending the same event, an equal share of the double room rate will be paid on behalf of the Mason County employee. Each employee must submit an original invoice showing the lodging charge for their portion of the room rate. Not eligible for reimbursement on a lodging receipt are, but not limited to: laundry services; valet service; entertainment expenses; athletic room (gym) charges, internet charges(unless required by their supervisor). TRANSPORTATION Any employee driving a vehicle(either County car or personal vehicle) must have and must be able to provide proof of valid car insurance. Employees are encouraged to reserve and use a pool car frorn ER&R as much as possible. All county vehicles shall be used in accordance with Masoh County ER&R use policy. If a personal vehicle is used, the mileage will be based on the current IRS standard POV rate. Mileage will be prohibited for normal travel between the usual place of business and employee's main place of residence. When traveling on behalf of the County, mileage will be paid from either the official work station or the employee's main residence,whichever is the closer and most direct route of the two, to the travel destination. Mileage shall not exceed what the sum of a round trip coach airfare from a common carrier, any needed local ground transportation and other related costs for that destination. Airfare (coach rate), car rentals, trains, ferry, tolls, shuttle/taxi, etc will be reimbursed with a receipt and paid at actual costs. Personal travel insurance will not be reimbursed. Tickets purchased with an employee's individual frequent flyer miles will not be reimbursed. References: IRS, OFM SAAM rules, SAO BARS manual,County resolutions:#37-07 &#150-07 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Diane Zoren DEPARTMENT: Support Services EXT: 747 BRIEFING DATE: May 24, 2021 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEM: Approval to set a public hearing on Tuesday, June 22, 2021 at 9:15 a.m. to consider the 2020 Open Space applications. EXECUTIVE SUMMARY: The Open Space Taxation Act, enacted in 1970, allows property owners to have their open space, farm and agricultural, and timberlands valued at their current use rather than their highest and best use. RCW 84.34 governs this Act. BUDGET IMPACTS: None RECOMMENDED OR REQUESTED ACTION: Approval to place on the June 8 agenda setting the hearing on June 22. Attachments: Spreadsheet summarizing applications with Assessor recommendations and DOR info on the Current Use program. Briefing Summary 5/17/2021 Recap of 2020 Current Use Applications Line# Parcel# Owner Name Transfer Info Assessor Discussion Assessor Commissioner Recommendation Approval 1 62021-14-00000 Johnathon Fasick&Samantha Reclassified as Open Space This parcel is 6.58 Acres that has The Assessor and Kilby been in Current Use—Farm& Community Dev Agriculture since 1976.The Administrator both taxpayer is requesting 4.58 Acres recommend Approval be re-classified as Open Space of this transfer. Farm&Agriculture Conservation with the balance of 2 Acres assessed at market value due to the improvements. 2 31903-41-00070 Micah&Christina Lohmeyer Reclassified as Open Space This is a 3.85 Acre parcel that was The Assessor and in DFL when it was purchased in Community Dev March 2020.Size of the parcel Administrator both does not meet minimum to recommend Approval remain in DFL,taxpayer requests of this transfer. to transfer to Current Use/Open Space. 3 12107-31-90042 Ian&Dawn Shaw Reclassified as Current Use/Farm & The Assessor and Agriculture This is a 2 Acre parcel contiguous ty Communi Dev with 12107-31-00030,also owned Administrator both by Ian&dawn Shaw.It has been recommend Approval of classified as Farm&Agriculture this transfer. and the taxpayer would like to transfer to Current Use/Farm& Agriculture Conservation. 4 32022-12-50010 Lawrence Bosworth New Application The Assessor and This is a 19.74 Acre parcel that has not previously been classified in any Community Dev program. It is undeveloped land,in its Administrator both natural state.The taxpayer is recommend Approval of requesting all 19.74 Acres be placed this transfer. in Current Use/Open Space. 5 51915-40-900004 John&Jennifer Lingle Reclassified as Open Space This parcel is 8.48 Acres that has The Assessor and been in Designated Forest Land Community Dev classification since September of Administrator both 2001.The taxpayer is requesting 7.48 recommend Approval of Acres be re-classified as Current this transfer. Use/Open Space with the one remaining acre assessed at market value. JACURRENT USE\2018\2018 applications Recap of 2020 Current Use Applications 6 12107-31-00030 Ian&Dawn Shaw Reclassified as Current Use/Farm & The Assessor and Agriculture This is a 5 Acre parcel that Community Dev includes several structures.It was Administrator both previously in Farm&Agriculture recommend Approval of classification.The taxpayer would this transfer. like to request transfer of 2 Acres into Current Use/Farm& Agriculture Conservation. 7 62015-12-00000 Russell Williams&Bernadine Reclassifed as Open Space This is a 10 Acre parcel that was The Assessor and Knutz classified as Timberland in 1998.The Community Dev trees were harvested from this Administrator both property some years ago and never recommend a denial of re-planted.When the parcel sold Aug. this transfer. 17,2020,it no longer qualified to remain in DFL(Buyer did not intend to plant trees)so they applied to transfer to Open Space. 8 31903-22-90020 61,LLC(Blain Burgess) New Application This is a 3.22 Acre parcel The Assessor and purchased in December 2020. Community Dev Taxpayer would like to build on Administrator both one acre of the property and recommend denial of transfer the balance of 2.22 Acres this transfer. into Current Use/Open Space.It was previously classified as DFL, but no longer qualifies due to different ownership of contiguous parcels. 1:\CURRENT USE\2018\2018 applications WASHINGTON STATE DEPARTMENT OF REVENUE Open Space Taxation Act JULY 2017 The information and instructions w in this publication are to be used when applying for assessment onEms the basis of current use under the open space laws, chapter 84.34 RCW and chapter 458-30 WAC. What is the Open Space Taxation Act? Open space land is defined The Open Space Taxation Act, as any of the following: enacted in 1970,allows property owners to have their open space, 1. Any land area zoned for open g. Preserve visual quality along farm and agricultural,and timber space by a comprehensive official highway, road,and street lands valued at their current use land use plan adopted by any city corridors or scenic vistas. rather than at their highest and best or county. h.Retain in its natural state use.The Act states that it is in the tracts of land not less than best interest of the state to 2. Any land area in which the one acre situated in an urban maintain,preserve,conserve,and preservation in its present use area and open to public use otherwise continue in existence would: on such conditions as may be adequate open space lands for the a. Conserve and enhance natural reasonably required by the production of food,fiber,and forest or scenic resources. legislative authority granting crops and to assure the use and the open space classification. enjoyment of natural resources and b. Protect streams or water supply. scenic beauty for the economic and c. Promote conservation of social well-beingof the state and 3. Any land meeting the definition soils,wetlands, beaches or of"farm and agricultural its citizens. tidal marshes. (As a condition conservation land;'which of granting open space means either: Lands classification,the legislative qualifying for body may not require public a. Land previously classified current use classification access on land classified for under the farm and agricultural The law provides three the purpose of promoting classification that no longer classifications: conservation of wetlands.) meets the criteria and is Open space land d.Enhance the value to the public reclassified under open space land;or Farm and agricultural land of neighbouring parks,forests, g wildlife preserves,nature b."Traditional farmland;'not Timber land reservations or sanctuaries classified,that has not been or other open space. irrevocably devoted to a use inconsistent with agricultural e. Enhance recreation uses,and that has a high opportunities. potential for returning to f. Preserve historic sites. commercial agriculture. This fact sheet provides general information regarding the Open Space Taxation Act.The information is current at the date of publication. Please note subsequent law changes may supersede or invalidate some of this information. WASHINGTON STATE DEPARTMENT OF REVENUE 3. Any parcel of land that is five acres b. Land on which appurtenances or more but less than 20 acres,is necessary for production, ,.x devoted primarily to agricultural preparation,or sale of uses,and has standing crops with agricultural products exist in an expectation of harvest within: conjunction with the lands a. Seven years and a demonstrable producing such products. investment in the production of c. Any non-contiguous parcel one those crops equivalent to $100 to five acres,that is an integral or more per acre in the current part of the farming operations. or previous calendar year. d.Land on which housing for Farm and agricultural land is b.Fifteen years for short rotation employees or the principal defined as any of the following: hardwoods and a demonstrable place of residence of the farm investment in the production of operator or owner is sited 1. Any parcel of land that is 20 or those crops equivalent to $100 provided the use of the housing more acres,or multiple parcels or more per acre in the current or residence is integral to the of land that are contiguous and or previous calendar year. use of the classified land for total 20 or more acres,and are: agricultural purposes,the a. Devoted primarily to the 4. For parcels of land five acres or housing or residence is on or production of livestock or more but less than 20 acres,"gross contiguous to the classified agricultural commodities income from agricultural uses" land,and the classified land is for commercial purposes. includes, but is not limited to,the 20 or more acres. b.Enrolled in the federal wholesale value of agricultural e. Land that is used primarily for products donated to nonprofit equestrian-related activities conservation reserve program food banks or feeding programs. q (CRP) or its successor for which a charge is made, administered by the United including,but not limited States Department of 5. Any parcel of land less than to,stabling,training,riding, Agriculture. five acres devoted primarily to clinics,schooling,shows,or agricultural uses and has produced grazing for feed. Depending C. Other commercial agricultural a gross income of: on the number of classified activities established under Y subject acres,the land may be sub a. Prior to January 1, 1993,$1,000 chapter 458-30 WAC. 1 or more per year for three of the to minimum gross income five calendar years preceding requirements. 2. Any parcel of land that is five acres the date of application for f. Land that is primarily used or more but less than 20 acres,is classification. for commercial horticultural devoted primarily to agricultural uses,and has produced a gross b.On or after January 1, 1993, purposes, including growing income equivalent to: $1,500 or more per year for seedlings,trees,shrubs, three of the five calendar vines,fruits,vegetables, a. Prior to January 1, 1993, $100 years preceding the date of flowers, herbs,and other or more per acre per year application for classification. plants in containers,whether for three of the five calendar under a structure or not. For years preceding the date of „ additional criteria regarding application for classification. 6. Farm and agricultural land also PP includes any of the following: this use, please refer to RCW b. On or after January 1, 1993, 84.34.020(2)(h). $200 or more per acre per year a. Incidental uses compatible with for three of the five calendar agricultural purposes,including wetland preservation,provided years preceding the date of such use does not exceed 20 application for classification. percent of the classified land. 2 WASHINGTON STATE DEPARTMENT OF REVENUE Timber land is defined as the Who may apply? Is there an application fee? following: An owner or contract vendee may The city or county legislative Any parcel of land five or more apply for current use assessment. authority may,at their discretion, acresor multiple parcels of land that However,all owners or contract establish a processing fee to are contiguous and total five or more vendees must sign the application accompany each application.This acres which is or are devoted for classification,and any resulting fee must be in an amount that primarily to the growth and harvest agreement. reasonably covers the processing of timber for commercial purposes. costs of the application. Timber land means the land only and When may I apply? does not include a residential Applications may be made for What happens after I file my homesite.The term includes land classification at an time during used for incidental uses that are y application for open space the year from January 1 through classification? compatible with the growing and December 31. If approved,current harvesting of timber but no more use assessment will begin on Applications for classification or s than 10 percent of the land may be p January 1 following the year the reclassification as"open pace land"are made to the a ro riate agency used for such incidental uses. application was submitted. pp p g y or official called the"granting It also includes the land which authority."If the land is located in appurtenances necessary for the Where do I get the application? the county's unincorporated area, production, preparation,or sale of Application forms for the farm and the county legislative authority is the the timber products exist in agricultural land classification are granting authority on the application. conjunction with land producing available from the county assessor's If the land is located within an these products. office.Application forms for the incorporated area of the county, The timber land classification may be open space and timber land the application is acted upon by unavailable in some counties.As a classifications are available from both the county and city legislative result of the passage of Senate Bill either the county assessor's office or authorities. 6180 in 2014,counties have the by contacting the county legislative If the application is subject to a option to merge their timber land authority. comprehensive plan that has been classification into their designated adopted by any city or county it will forest land program under chapter Where do 1 file the be processed in the same manner 84.33 RCW. To determine whether in which an amendment to the your county offers the timber land application? comprehensive plan is processed. y classification,you may contact the An application for open space classification is filed with the county If the application is not subject to county assessor or visit the a comprehensive land use plan,a Department of Revenue's website at: legislative authority. public hearing on the application www.dor.wa.gov. An application for farm and will be conducted,but a notice agricultural land classification is filed announcing the hearing must be with the county assessor. published at least 10 days prior to An application for timber land the hearing. classification is filed with the county The granting authority must approve legislative authority.Timber land or reject the application within six applications require that a timber months of receiving the application. management plan also be filed. In determining whether an application made for classification or r ' reclassification should be approved Y" or denied,the granting authority may consider the benefits to the general welfare of preserving the current use of the property. 3 WASHINGTON STATE DEPARTMENT OF REVENUE They may require that certain How does a public benefit What is an"advisory conditions be met including but not rating system work? committee"? limited to the granting of easements. If the county legislative authority has The county legislative authority must If the application is approved,the established a public benefit rating appoint a five member committee granting authority will,within five system (PBRS)for the open space representing the active farming calendar days of the approval date, classification,the criteria contained community within the county.This send an agreement to the applicant within the rating system governs the committee will serve in an advisory for signature showing the land eligibility and valuation of the land capacity to the assessor in classification and conditions subject to the application. implementing assessment guidelines imposed. applicant may accept as established by the Department of p pp y p When a county creates or amends a en or reject the agreement. If the PBRS,all classified open space land Revenue for the assessment of open applicant accepts, he or she must pace lands,farm and agricultural s will be rated under the new PBRS.sign and return the agreement to Land that no longer qualifies for lands,and timber lands. the granting authority within classification will not be removed 30 days after receipt. from classification, but will be rated How do I appeal a denial of my The approval or denial of the according to the PBRS.Within 30 days farm and agricultural land application for classification or of receiving notification of the new application? reclassification is a legislative assessed value established by the The owner may appeal the assessor's determination and is reviewable only PBRS,the owner may request denial to the board of equalization in for arbitrary and capricious actions. removal of classification of the land the county where the land is located. Appeal can be made only to the without imposition of additional tax, The appeal must be filed with the superior court of the county where interest,and penalty. board on or before July 1 of the year the application was filed. of the determination or within 30 Within 10 days of receiving notice What happens after I file my days after the mailing of the notice of classification of the land from the application for farm and of denial,or within a time limit of up granting authority,the assessor agricultural land classification? to 60 days adopted by the county submits the notice to the county Upon application for classification or legislative authority,whichever auditor for recording in the place reclassification,the assessor may is later. and manner provided for the public require applicants to provide data recording of state tax liens on regarding the use of the land, What happens after I file my real property. including, but not limited to,the application for timber land If approved,current use assessment productivity of typical crops,sales classification? will begin on January 1 following the receipts,federal income tax returns, Applications for timber land year the application was submitted. other related income and expense classification or reclassification are The criteria for classification continue data,and any other information made to the county legislative to apply after classification has been relevant to the application. authority.A timber management granted. The application will be considered plan is required at the time of approved unless the assessor notifies application or when a sale or transfer the applicant in writing prior to May of timber land occurs and a notice 1 of the year after the application of continuance is signed. was submitted.The criteria for The application form requests t' classification continue to apply after information about forest classification has been granted. management, restocking,fire protection, insect and disease control,weed control,and any other summary of experience and activity that supports the growth and harvest of timber for commercial purposes. 4 WASHINGTON STATE DEPARTMENT OF REVENUE The application is acted upon in a In determining the current use value How long does the manner similar to open space land of farm and agricultural land,the classification last? applications and within six months assessor considers the earning or The land continues in its classification of receiving the application. productive capacity of comparable until a request for removal is made by lands from crops grown most the owner,the use of land no longer Approval or denial of a timber land typically in the area averaged over g application is a legislative complies,a sale or transfer to an determination and is reviewable only not less than five years.This earning owner that causes land to be exempt or productive capacity is the net cash from property taxes,or the for arbitrary and capricious action. rental"and is capitalized by a"rate of Appeal can be made only to the ownership has changed and the new superior court of the county where interest g charged on long term loans owner has not signed a Notice of the application was filed. secured by a mortgage on farm or Continuance.The notice of removal is agricultural land plus a component recorded with the county auditor in Within 10 days of receiving notice of for property taxes. the same manner as the recording of classification of the land from the Timber land is valued according state tax liens on real property. granting authority,the assessor to a schedule prepared by the Additional tax,interest,and penalties submits the notice to the county Department of Revenue according to will apply if the land is removed and auditor for recording in the place chapter 84.33 RCW. The Department the removal does not meet one of and manner provided for the public of Revenue annually adjusts and the exceptions listed in RCW recording of state tax liens on real certifies timber land values to be used 84.34.108(6). property. by county assessors in preparing If approved,current use assessment assessment rolls.The assessors assign How do I withdraw from will begin on January 1 following the the timber land values to the classification? year the application was submitted. property based upon land grades If The criteria for classification continue and operability classes. intending to withdraw all ss a p to apply after classification has been portion of the land from classification granted. after 10 years of classification,the When are taxes due owner must complete a withdrawal on classified lands? form with the county assessor. How is the value of classified Land classified as open space,farm If a portion of the land is removed land determined? and agricultural,or timber land is from classification,the remaining The assessor is required to maintain assessed at its current use value and portion must meet the requirements two values for each parcel that is placed on the assessment rolls the of original classification unless the classified.The first is the value that year after the application was remaining land has different income would be placed on the land if it was submitted. Taxes on classified land or investment criteria. not classified.This is commonly are due and payable the year after the referred to as the"fair market value" current use value was placed on the The second is the current use land assessment rolls. value based on its current use,not highest and best use,as classified by the granting authority. Open ace land located within a county that has adopted a public benefit rating system will be valued according to the criteria of the rating system. In the absence of a rating system, the per acre value can be no less than the lowest per acre value of classified farm and agricultural land in the county. 5 WASHINGTON STATE DEPARTMENT OF REVENUE What happens after I file What if I want to change the use Upon removal from a request to withdraw? of my classified property? classification,what taxes Upon receipt of a request for An owner changing the use of land are due? withdrawal,the assessor notifies from a classified use must notify the At the time the land is removed from the granting authority that originally county assessor within 60 days of this classification,any taxes owing from approved the classification,and, action.The assessor will remove the January 1 of the removal year the assessor withdraws the land from land from classified status and through the removal date,and any classification.The land withdrawn impose an additional tax equal to the additional tax,applicable interest, from classification is subject to seven difference between the tax paid on and penalty owing are due and years of additional tax and interest, the current use value and the tax that payable to the county treasurer but not a 20 percent penalty. would have been paid on the land within 30 days of the owner being had it not been classified.The notified. What happens if the classified additional tax is payable for the last seven tax years, plus interest at the land is sold or transferred? same rate as charged on delinquent What if the additional taxes When classified land is sold or property taxes, plus a penalty of 20 are not paid? transferred,the seller or transferor percent of the total amount. Any additional tax,applicable becomes liable at the time of sale interest,and penalty become a lien for the additional tax,interest,and on the land at the time the land is penalty unless the new owner(s) If the assessor removes p y removed from classification.This signs the Notice of Continuance my land from classification, lien has priority over any other which is attached to or shown on may I appeal? encumbrance on the land.Such the real estate excise tax affidavit. Yes,the owner may file an appeal of a lien may be foreclosed upon The county auditor cannot accept the removal from classification to the expiration of the same period after an instrument of conveyance on any county board of equalization on or delinquency in the same manner as classified land unless the Notice of before July 1 of the year of the delinquent real property taxes. If Continuance has been signed or the determination,or within 30 days of unpaid,interest is charged on the additional tax,interest,and penalty the date the notice was mailed by the total amount due at the same rate has been paid.The assessor assessor,or within a time limit of up that is applied by law to delinquent determines if the land qualifies to 60 days adopted by the county property taxes. Interest accrues from for continued classification legislative authority,whichever the date of the delinquency until the is later. date the total amount is paid in full. What is done with the additional tax,interest,and penalty paid when land is removed from classification? Upon collection,the additional tax is distributed by the county treasurer in the same manner in which current " .n . taxes applicable to the subject land t, are distributed.The applicable r interest and penalties are distributed e _ to the county's current expense fund. 6 WASHINGTON STATE DEPARTMENT OF REVENUE How do I change the Is supporting information Need More Information? classification of my property? required to change Requirements for making application Land may be reclassified, upon classifications? for current use classification are request by the owner,subject toall The assessor may require an owner available at the county assessor's applicable qualifications for each of classified land to submit data office or by contacting the county classification,without additional tax, regarding the use of the land, legislative authority. interest,and penalty for the productivity of typical crops,income For general information contact: following: and expense data,and similar ■ Department of Revenue, 1. Land classified as farm and information regarding continued Property Tax Division agricultural land may be eligibility. P.O. Box 47471 reclassified to timber land;timber Olympia,Washington 98504-7471 land may be reclassified to farm Laws and Rules (360) 534-1400 and agricultural land. It is helpful to read the complete Website dor.wa.gov 2. Land classified as either farm laws, Revised Code of Washington, ■ chapters 84.33 and 84.34(RCW)and Telephone Information Center and agricultural land or timber rules,Washington Administrative 1-800-647-7706 land under chapter 84.34 RCW,or Code,chapter 458-30(WAC)to forest land under chapter 84.33 understand requirements the ■ For tax assistance or to request this RCW may be reclassified to open classifications and the tax liabilities document in an alternate format, space land. visit http://dor.wa.gov or call incurred. 3. Land classified as farm and 1-800-647-7706.Teletype(TTY) agricultural land or timber land users may use the Washington may be reclassified to forest land Relay Service by calling 711. under chapter 84.33 RCW. 4. Land previously classified as farm and agricultural land may be reclassified to open space land as"farm and agricultural conservation land"and subsequently be reclassified back to farm and agricultural land. Applications for reclassification are acted upon in the same manner as approvals for initial classification. The county assessor approves all applications for farm and agricultural classifications and reclassifications. The county legislative authority(and in some cases,the city legislative authority)approves all land classifications or reclassifications for timber land and open space land, including farm and agricultural conservation land. Department of Revenue Washington State http://dor.wa.gov PTFS0046 07/17 7 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Ross McDowell DEPARTMENT: Emergency Management EXT: 806 BRIEFING DATE: May 24, 2021 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 ❑ Legal ❑ Other — please explain ITEM: News release from USFS reference Alcohol Ban along Lake Cushman Corridor (FS-24) EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): The past several years the Lake Cushman corridor (FS-24) has become a very popular location for large parties and uncontrolled alcohol consumption leading to multiple assaults, vandalism and injuries. On several occasions the USFS, MCSO, and WSP units have be dispatched for incidents at"Party Rock" and other locations along FS-24 road. With the large number of visitors to the area the parking became an issue where the FS-24 became unpassable and emergency responders had to abandon their vehicles and respond on foot due to the traffic congestion. On Friday, May 14, 2021 the USFS (Olympic National Forest) implemented a revised forest order that adds an alcohol ban to the existing prohibitions on camping, fires and overnight parking along the Lake Cushman Corridor (FS-24). This order is starting May 21, 2021 and will go for 2 years and can be extended after that time. The new alcohol prohibition is intended to decrease conflict among users, provide forest visitors a more enjoyable experience in the Lake Cushman area and align with the State laws prohibiting alcohol at neighboring recreations sites. Signage and increased law enforcement patrols will be added to assist with implementing this change. BUDGET IMPACT: None PUBLIC OUTREACH:(include any legal requirements, direct notice, website, community meetings, etc.) The USFS has issued a press release on May 14, 2021 and placed on the Mason County Webpage. RECOMMENDED OR REQUESTED ACTION: Informational knowledge ATTACHMENTS: News Release from USFS "Forest Service to Implement Alcohol Ban along Lake Cushman Corridor (FS-24) Briefing Summary 5/18/2021 Olympic National Forest Forest Service News Release Contact: Corina Rendon Email: corina.rendon(@usda.gov Forest Service to Implement Alcohol Ban along Lake Cushman Corridor (FS-24) Quilcene, WA, May 14th, 2021 —With support from the National Park Service, Mason County, Tacoma Power, Washington State Patrol, the Skokomish Tribe, and other local partners the Olympic National Forest will be implementing a revised forest order that adds an alcohol ban to the existing prohibitions on camping, fires, and overnight parking along the Lake Cushman Corridor(FS-24). The ban takes place May 21, 2021 and will be in place for the next two years and can be evaluated for possible extension after that time. The new alcohol prohibition is intended to decrease conflict among users, provide forest visitors a more enjoyable experience in the Lake Cushman area, and be in alignment with the state law prohibiting alcohol at neighboring recreation sites. Signage and increased law enforcement patrols will be added to assist with implementing this change. "It's our desire for visitors to have a rewarding, safe experience when visiting their National Forests," says Yewah Lau, District Ranger. "The behavior we've seen in the past was creating a situation that was highly dangerous to visitors and employees in the area. Prohibiting alcohol is one step to improve everyone's experience at Lake Cushman." For many years the Lake Cushman area has received extremely high, weather dependent visitation. Since the spring of 2020 outdoor recreation sites on public lands have experienced unprecedented increased visitation leading to overcrowding, overparking, excessive trash, scattered human waste, and other unsafe conditions. If similar unsafe conditions persist the Forest Service, with support from surrounding area partners, is prepared to close the road once more. By recreating responsibly and abiding by the new ban, visitors can create a safe, fun environment for themselves and other users. Visitors to the Lake Cushman area are reminded to be prepared for heavy use and traffic throughout the corridor. If there are no parking options available be prepared to visit another area. Visitors are encouraged to be considerate of other users and be stewards of the lands they recreate on. This includes removing any personal trash or debris to leave the area clean and ready for other visitors to enjoy. Packing out trash also protects the invaluable beauty of these places and other natural resources. By working together to steward public lands we can ensure recreation sites stay open for all to enjoy. For more information on the upcoming forest order, including a FAQ, and recreating in the Lake Cushman Area visit the Olympic National Forest website or call the Hood Canal Ranger Station at 360-765-2200. USDA is an equal opportunity provider, employer, and lender. MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Ross McDowell, T] Cannon, Dawn Twiddy DEPARTMENT: Info Technology EXT: 806 BRIEFING DATE: May 24, 2021 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 Legal ❑ Other — please explain ITEM: Cyber Security Awareness training - KnowBe4 EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): As we discussed during my previous"State of Security" briefing, the weakest link in the county's security is end user training to identify incoming threats. I.T. researched a few of the leading training systems available for this situation and we are recommending entering a contract with KnowBe4. KnowBe4 with give us the ability to send out targeted simulated phishing emails to the county staff. KnowBe4 has hundreds of spoof emails to choose from that are all accompanied with training should the staff fail the test. Over time, the system will identify weak points of individuals and tailor the simulation to strengthen those weaknesses. The Washington Risk Pool with be paying the majority of the cost for a three-year subscription of this system. With the exception of the "PhishER"component. The PhishER product allows this whole system to be automated and do most of the work for us. The cost for the three-year subscription for PhishER is approximately $6,000. Other benefits include ModStore Training with current Risk Management topics training, library and simulations. Some topics included are ethics, sexual harassments, handling sensitive information and, mobile device security. This would be included in the KnowBe4 package that Risk Pool is funding. BUDGET IMPACT: KnowBe4 Security Awareness Training Subscription - Diamond (paid for by WA Risk Pool) _ $17,449.83. KnowBe4 PhishER Subscription (paid for by Mason County) = $5,681.34 PUBLIC OUTREACH:(Include any legal requirements, direct notice, website, community meetings, etc.) N/A Briefing Summary 5/19/2021 RECOMMENDED OR REQUESTED ACTION: Approval of the use of KnowBe4 Cyber Security Awareness training for county staff and approve the addition cost to the County for the PhishER portion. ATTACHMENTS: KnowBe4 — Sat Datasheets KnowBe4 PhishER Overview sheets Briefing Summary 5/19/2021 K n(iw M4 Human error.Conquered. Security Awareness Training Helpsand Simulated Phishing Platform 1 a: ' the ongoing problem of social engineering KnowBe4 Security Awareness Training Old-school security awareness training doesn't hack it anymore. Today, your employees are frequently exposed to sophisticated phishing and ransomware attacks. Baseline Testing �- We provide baseline testing to assess the Phish-proneT"percentage of your users through a free simulated phishing attack. ••• Train Your Users The world's largest library of security awareness training content; including interactive modules,videos,games, posters and newsletters.Automated training campaigns with scheduled reminder emails. JPhish Your Users Best-in-class, fully automated simulated phishing attacks, thousands of templates with unlimited usage,and community phishing templates. IlSee the Results i Enterprise-strength reporting, showing stats and graphs for both training and phishing, ready for management. Show the great R01! 30% The System Really Works 27% —Initial Baseline Phish-prone Percentage: With KnowBe4's massive database, we analyzed 24% AVG 30% nearly 9 million users over the course of 12 months, and our 2019 research uncovered surprising results. J zt% The overall industry initial Phish-prone percentage a 18% benchmark turned out to be a troubling 30%. 3 Months Later: c 15% AVG 15% Fortunately, the data showed that this 30% can be 0 12% brought down more than half to just 15%in only 90 days by deploying new-school security awareness N 9% 12 Months Later: training.The 365-day results show that by following a. 6% hAJ AVG I ° these best practices,the final Phish-prone percentage can be minimized to 2%on average. 3% 0% 2 3 -4 5 6 7 8 9 10 11 12 see how your company's phish-prone percentage Training Period Months compares to your peers!The Industry Benchmarking Based con 9miwonUsers feature is included with your subscription. Find Ho Is w Effective Our Security Awareness Training KnowE1e4 is the world's largest integrated . . • with simulated phishing attacks.join our tens of thousands of customers • have mobilized their end users as a last line of defense. KnowBe4 Security Awareness Training Features NUnlimited Use Social Engineering Indicators We offer three Training Access Levels,giving you access FS Patented technologyturns everysimulated phishing email to our content library of 900+ items based on your into a tool IT can use to dynamically train employees by subscription level. Unlimited access to all phishing instantly showing them the hidden red flags they missed features with flexible licensing. No artificial license within that email. ceilings and 10% overage allowance. Powerful new features added regularly. �] User Management j� KnowBe4's Active Directory Integration allows you to 4 Engaging,Interactive Browser-based Training easily upload user data and saves you time by eliminating The interactive training gives your users a fresh new the need to manually manage user changes. You can learner experience that makes learning fun and engaging. also leverage the Smart Groups feature to tailor and Currently available in 15 local languages,your users now automate your phishing campaigns,training assignments can choose the language they're most comfortable and remedial learning based on your employees'behavior with for the entire training interface,helping deliver a and user attributes. more immersive training experience.With the optional gamification feature,users can compete againsttheir Security Roles peers on leaderboards and earn badgeswhile learning Allows you to define unlimited combinations of level how to keep your organization safe from cyber attacks. access and administrative ability that you'd like specific user groups to have. With delegated permissions you Upload Your Own Content have the ability to limit roles to only display specific data Wantto supplementyour KnowBe4 security awareness orallowforthe phishing,training,and user management training contentwith your organization's custom training of specific groups. or other corporate training content?Upload your own SCORM-compliant training and video content and Advanced Reporting Feature manage it alongside your KnowBe4 ModStore training - —0 60+ built-in reports provide holistic views and detailed all in one place-at no extra cost! reporting on your key awareness training indicators over time. Leverage Reporting APIs to pull data from your o= New!Assessments KnowBe4 console and for multiple accounts, Roll-up °— Find out where your users are in both security knowledge Reporting makes it easy to view results in aggregate. and security culture to help establish baseline security metrics. Use the skills-based assessment and the Virtual Risk OfficerTm security culture survey to measure and monitoryour The new innovative Virtual Risk Officer(VRO)functionality users'security knowledge and sentimentto a security- helps you identify risk atthe user,group and organizational aware culture overtime. level and enables you to make data-driven decisions when it comes to your security awareness plan. Leverage the lCustom Phishing Templates and Landing Pages User Event API to push custom security-related events Apart from the thousands of easy-to-use existing from your third-party platforms(like Mimecast orSplunk) templates, you can customize scenarios based on to the KnowBe4 Console, influencing your users' risk personal information and include simulated attachments scores accordingly. to createyour own targeted spear phishing campaigns. PhishER Each Phishing Email Template can have its own Custom As you phish and train your users theywill start reporting Landing Page,which allowsfor point-of-failure education. potentially dangerous emails to your incident response Phish Alert Button team.The increase of this email traffic... can present a KnowBe4's Phish Alert add-in button gives your users a new problem!PhishER,is an optional add-on for managing safe wayto forward email threats to the securityteam the high volume of messages reported byyour users and for analysis,and deletes the email from the user's inbox helps you identify and respond to email threats faster. to prevent future exposure.All with just one click! Did you know that 91%of successful data Get Your free plliSllirlg',('(L11 ItV tt�',t an(i fin(I out wliat percentage of your eniployees are Phish-pi one www.KnowBe4.com/PST error.KnswM4 Human PhishE Z . . -. Identify and respond to email threats faster with PhishER Because phishing remains the most widely used cyber attack vector, y most end users report a lot of email messages they "think" could be potentially malicious to your incident response team. Whether or not you step employees through security awareness training doesn't change the fact that your users are likely already reporting potentially dangerous emails in some fashion within your organization. _ The increase of this email traffic...can present a new problem! With the firehose of spam and malicious email that attack your network, some 7-10%of these make it past your filters.With only approximately 1 in 10 user-reported emails being verified as actually malicious, how do Key Benefits you not only handle the high-risk phishing attacks and threats, but also • Full integration with KnowBe4's effectively manage the other 90%of user-reported messages accurately Phish Alert Button allows and efficiently. PhishERTm. automatic prioritization of emails that are not threats What is PhishER? • Cut through the IR-inbox noise PhishER is the key ingredient of an essential security workstream. It's and respond to the most your lightweight SOAR platform to orchestrate your threat response and dangerous threats more quickly manage the high volume of potentially malicious email messages reported and efficiently by your users.And,with automatic prioritization of emails, PhishER helps your InfoSec and Security Operations teams cut through the inbox noise • Free up IR resources to identify and respond to the most dangerous threats more quickly. and manage the 90°Yo of messages that are either spam or Additionally,with PhishER you are able to automate the workstream of legitimate email the 90% of reported emails that are not threats. Incident Response(IR) orchestration can easily deliver immediate efficiencies to your security • See clusters or groups of team, but the potential value is much greater than that. With the right messages based on patterns strategy and planning,your organization can build a fully orchestrated that can help you identify a and intelligent SOC that can contend with today's threats. widespread phishing attack against your organization PhishER enables a critical workstream to help your IR teams work together to mitigate the phishing threat and is suited for any organization thatwants • Meet critical SLAB within to automatically prioritize and manage potentially malicious messages- your organization to process accurately and fast! PhishER is available as a stand-alone product or as and prioritize threats and an add-on option for KnowBe4 customers. legitimate emails Why Choose PhishER? • Automated email response templates let you quickly PhishER is a simple and easy-to-use web-based platform with critical communicate back to your workstream functionality that serves as your phishing emergency room employees about the emails they to identify and respond to user-reported messages. PhishER helps you need in order to continue working prioritize and analyze what messages are legitimate and what messages • Create custom workflows for are not—quickly. tasks such as prioritization and With PhishER,your team can prioritize,analyze,and manage a large volume alerting so that the IR team can of email messages—fast!The goal is to help you and your team prioritize focus on the right messages as many messages as possible automatically,with an opportunityto review PhishER's recommended focus points and take the actions you desire. How PhishER Works VA-Swal JML_�_r9___1_ we Email PAB PhishER PhishML Rules Tags Action PhishRIP PhishFlip PhishER processes user-reported phishing and other suspicious emails by grouping and categorizing emails based on rules,tags,and actions. PhishML,the custom machine-learning module,analyzes messages and generates confidence values which are used to tag messages.PhishRIP helps you easily find and quarantine suspicious messages still sitting in mailboxes across your entire organization. PhishFlip automatically turns defanged phishing emails into training opportunities by flipping them into simulated phishing campaigns. Automatic Message Prioritization PhishML'm PhishER will help you prioritize every reported message into PhishML is a PhishER machine-learning module that helps one of three categories: Clean, Spam, or Threat. Through you identify and assess the suspicious messages that are rules you set, PhishER helps you develop your process to reported by your users, at the beginning of your message automatically prioritize as many messages as possible without prioritization process.PhishMLanalyzes every message coming human interaction. into the PhishER platform and gives you the info to make With automatic prioritization of emails that are not threats, your prioritization process easier,faster,and more accurate. PhishER helps your team respond to the most dangerous PhishML is constantly learning based on the messages that threats more quickly.PhishER easily integrates with KnowBe4's are tagged,not only byyou but also by other members of the email-add in button,Phish Alert and also works by forwarding PhishER user community!That means that the learning model to a dedicated mailbox. is being fed new data to constantly improve its accuracy and more messages can be automatically prioritized based upon Emergency Rooms PhishER categorization,saving you even more time. PhishERfeatures"Emergency Rooms"to helpyou identifysimilar PhishRIP'm messages reported byyour users.Emergency Rooms consist of pre-filtered views of your messages that are unresolved PhishRIP is an email quarantine feature that integrates with in your PhishER inbox. These messages are dynamically Microsoft365 and G Suite to help you remove,inoculate,and grouped by commonalities and include system pre-filtered protect your organization against email threats so you can views for messages by Top Subject Lines,Top Senders,Top shut down active phishing attacks fast. Attachments,and Top URLs. PhishRIP looks at any user-reported message in PhishER Each room is interactive, allowing you to drill down into and searches and optionally quarantines similar messages filtered inbox views of the messages and take action across across all your users'mailboxes.Any messages found are all associated messages at the same time. then ready for further analysis,quarantine,or permanent deletion by your incident response team. SIEM Integrations PhishER integrates into your organization by pushing data PhishFlipT"" into popular SIEM platforms such as Splunk and QRadar.With PhishFlip is a PhishER feature that automatically turns user- support for multiple syslog destinations available it's also reported phishing attacks targeted atyour organization into possible to push data into as many other systems as you like. safe simulated phishing campaigns in your KnowBe4platform. With PhishFlip,you can now immediately"flip"a dangerous attack into an instant real-world training opportunity for your users. — -- - --- — Data Enrichment Intelligence PhishER integrates with external services like VirusTotal to help analyze attachments and malicious domains.Using URL Unwinding,PhishER automatically expands shortened URLs to help see the potential threat level of the final destination. MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Frank Pinter DEPARTMENT: Considerations of Reclasses and EXT: 530 additional positions BRIEFING DATE: Monday, May 24, 2021 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEM: The BOCC requested information regarding the outstanding reclasses and additional positions from Departments and Elected officials for 2021 and 2022 EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): The BOCC wanted to review the status of reclasses and any additional staffing requests from Departments and Elected Officials for 2021 and in anticipation of the 2022 budget potential staffing requests for 2022. The following it the status of the requests calculated with full benefits, load for taxes and for the second half of 2021. BUDGET IMPACTS: 2021 2022 ($000) ($000) Maximum Support Services Reorg 46.4 94.7 CBA Impacts Retro for Probation 18.8 18.9 Retro for Juvenile Detention 12.1 12.2 30.9 31.1 Discussions pending for 2021 Reclass Superior Court Admin 9.0 9.2 Reclass Auditor Sr. Financial Analyst 8.7 8.9 Auditor Succession Plan staff Only for one year 26.0 26.0 Reclass Auditor Election Superintendent H/R Denied 4.5 4.6 Environmental Health 1 FTE Staff Clean Water 40.7 83.0 Assessor 1 FTE Real Property Tech 48.5 98.8 Assessor Reclass Levy/Personal Property Tech 9.8 10.0 147.2 240.5 Subtotal 224.5 366.3 Briefing Summary 5/20/2021 Additional Requests for 2022 Public Health 1 FTE Accountant 80.6 Superior Court Finance Manager 1 FTE R 29 S 1 101.6 Superior Court 2 FTE's Administrative Support 131.4 Prosecutor Child Support Enforcement 1 FTE 81.4 Prosecutor Support Staff 1 FTE R 13 S 1 74.9 Sup Svcs Records Request/Management Support 1 FTE R 19 S 1 81.9 MCSO 2 FTE's Clerks North End 120.9 MCSO 1 FTE Body/Car Camera Clerk 60.5 MCSO 1 FTE Financial Analyst 83.7 MCSO 2 FTE's Corrections Officers, Bldg 10 151.5 County Clerk's Office 1.5 FTE Clerk 110.7 WSU Extension .25 FTE 4 H coordinator 16.3 WSU Extension .5 FTE Noxious Weed Coordinator 42.8 Public Works Utility 1 FTE Maintenance Tech 82.6 Public Works 3 FTE's Operators 84.5 Public Works Lead Pay for Operations Managers 10.2 DCD 1 FTE Sr. Planner 99.4 1,415.0 Total for 2022 $1,781.3 FTE's 22.25 RECOMMENDED OR REQUESTED ACTION: Review status of Non-represented Salary Matrix and Table and bring forward proposals ATTACHMENTS: Reclass request responses for Auditor and Assessor Briefing Summary 5/20/2021 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Frank Pinter DEPARTMENT: Support Services EXT: 530 BRIEFING DATE: Monday, May 24, 2021 PREVIOUS BRIEFING DATES: May 3, 2021 If this is a follow-up briefing, please provide only new information ITEM: Recommendations from Courthouse Security Committee EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): The BOCC requested a financial review of the Courthouse Security Committee security recommendations. BUDGET IMPACTS: Shifts change No monetary impact Current 1 Armed 2 Unarmed Officers In Current Budget $118.5K 1 Unarmed Roaming Security Office In Current Budget $54K Current Total Budgeted $172.5K Additional 1 Armed Security Officer in District Courthouse $64.5K Monitoring Courtrooms — minimal cost <$10K $10K Communications — minimal cost < $5K $5K Additional Costs $79.5K One-time $15K, Ongoing $64.5K, eliminateing the roaming officer would save $9.5K However this leaves the Juvenile Courts and the Therapeutic Courts unmanned. Other items: Providing a Safe Courthouse Environment, Contraband, Securing and Controlling Scene First Aid and No Denying Entrance Are items that can be worked into the contract with a redefined Scope of Work document and is not expected to increase the current contract cost. RECOMMENDED OR REQUESTED ACTION: Review status of additional Security Officer vs reassigning Roaming Officer and request for additional cameras and radios ATTACHMENTS: None MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Chief Criminal Deputy Dracobly DEPARTMENT: Sheriff's Office with Follow-up from EXT: 313/530 Support Services Director BRIEFING DATE: Monday, May 24, 2021 PREVIOUS BRIEFING DATES: September 14 and October 14, 2020, May 3, 2021 If this is a follow-up briefing, please provide only new information ITEM: Request for Body and In-car video recording system for the Sheriff's Office, vehicle installation costs, and an additional FTE to support the program. EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): Recent events across the US have created a demand for more accountability and transparency with law enforcement regarding interactions with those it serves. One of the best tools for accountability and transparency is the use of video. There is more and more demand from citizens for video. Over the past 11 months I have reviewed several different products and have narrowed the possibilities down to three: Axon, WatchGuard/Motorola, and GETAC. Axon is the "platinum" product and therefore the most expensive. GETAC and WatchGuard/Motorola products are about 90-95% the same. The difference comes down to service, warranties, and replacement. I am recommending the GETAC product based on local service and replacement. GETAC is an approved GSA/NCPA vendor. Both WatchGuard/Motorola and GETAC have a lease to own option. Based on my review of the products, discussion with other similar sized agencies, and our history with in-car video systems, I know that the Sheriff's Office will need an FTE to manage this digital evidence system and all the public disclosure requests associated with this kind of system. The Sheriff's Office would like to thank you for your time and input while attending the individual product demonstrations over the past weeks. "The ability of the police to perform their duties is dependent upon public approval of police existence, actions, behavior and the ability of the police to secure and maintain public respect." Sir Robert Peel, the father of modern policing. Briefing Summary 5/20/2021 BUDGET IMPACTS: Capital cost: $701,000.00 Upfitting cost of approximately: $ 40,000.00 Additional FTE fully loaded at a maximum of$91,000.00, but pro-rate for 2021, depending on start date. Motorola Assume 1 FTE for 1/2 yr. 2021 $46,000 Total 2021 - $787,000.00 RECOMMENDED OR REQUESTED ACTION: Add to the next available Commission Action Agenda for approval of a sole source purchase. The ARPA guidelines identifies this purchase as allowable. As such the most economical purchase (no interest cost ) would be to purchase outright off the state contract list. ATTACHMENTS: None Briefing Summary 5/20/2021 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Jennifer Beierle DEPARTMENT: Support Services EXT: 532 BRIEFING DATE: May 24, 2021 PREVIOUS BRIEFING DATES: N/A ITEM: Establish a Special Revenue Fund for the American Rescue Plan Act (ARPA) Funds EXECUTIVE SUMMARY: Title 9, Federal Civil Rights Law, Subtitle M (Sec. 9901) of the American Rescue Plan Act (ARPA) establishes the State and Local Fiscal Recovery Funds program. The Coronavirus State and Local Fiscal Recovery Funds will deliver $350 billion in aid to state, local, territorial, and tribal governments to respond to the COVID-19 emergency. Counties are direct recipients of $65.1 billion of these funds. The allocation is based on population and Mason County is scheduled to receive 50% of $12,968,901 in June of this year. The balance will be delivered approximately 12 months later. The funds may be used to: • Support urgent COVID-19 response efforts to continue to decrease spread of the virus and bring the pandemic under control; • Replace lost public sector revenue to strengthen support for vital public services and help retain jobs; • Support immediate economic stabilization for households and businesses; and, • Address systemic public health and economic challenges that have contributed to the inequal impact of the pandemic on certain populations. The local fiscal recovery funds will cover qualifying expenses through December 31, 2024 and any unused funds must be expended or returned to the U.S. Treasury at the end of the covered period. This is an unusually large sum of grant funds to be advanced to the County and the span of use will most likely be spread over several years. For these reasons the recommendation of the Audit Committee is to create a special revenue fund for the duration of the ARPA funding use. BUDGET IMPACTS: $6,484,450.50 will be received in June RECOMMENDED OR REQUESTED ACTION: Establish a Special Revenue Fund for the American Rescue Plan Act (ARPA) Funds and add the revenue to the June 22nd budget hearing. ATTACHMENTS: Draft Resolution to Establish ARPA Fund No. 155 J:\Budget Office\Briefing, Agenda,& Public Hearing Items\202I\Briefing Summary 5.24.2021 -Create Sp Rev Fund for ARPA.doc RESOLUTION NO. ESTABLISHMENT OF 2021 AMERICAN RESCUE PLAN ACT FUND NUMBER 155 WHEREAS, a request has been made by the Mason County Audit Committee for the Mason County Commissioners to establish a County Fund for the American Rescue Plan Act (ARPA) funds, and WHEREAS,Title IX, Subtitle M (Sec. 9901) of the American Rescue Plan Act(ARPA) establishes the State and Local Fiscal Recovery Funds program, and WHERAS,these local fiscal recovery funds will cover qualifying expenses through December 31, 2024 to cover increased expenditures, replenish lost revenue and mitigate economic harm from the COVID-19 pandemic, along with any qualifying expenses as the U.S. Treasury issues more detailed guidance, and WHERAS, any unused funds must be expended or returned to the U.S. Treasury at the end of the covered period, and WHEREAS,the Mason County Audit Committee having established that the best practice would be to create a new fund to track the ARPA funds and duly determined a Special Revenue Fund is an appropriate fund type, NOW,THEREFORE,BE IT RESOLVED,that the County Auditor is authorized to establish a Special Revenue Fund 155-0000000-000-000, and BE IT FURTHER RESOLVED,that said fund shall be known as the American Rescue Plan Act Fund, and Support Services is hereby directed to administer the Fund by receipting revenue and paying proper expenses as directed and approved by the Mason County Board of County Commissioners. ADOPTED,this day of June, 2021. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON Randy Neatherlin, Chair ATTEST: McKenzie Smith, Clerk of the Board Kevin Shutty, Commissioner Tim Whitehead, Chief DPA Sharon Trask, Commissioner C: Auditor,Auditor/Financial Services,Treasurer,Support Services/Budget