The URL can be used to link to this page

Home My WebLink About2018/03/13 - Regular Packet 13.1 BOARD OF MASON COUNTY COMMISSIONERS DRAFT MEETING AGENDA Commission Chambers— 9:00 a.m. 411 North Fifth Street, Shelton WA 98584 March 13, 2018 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Correspondence and Organizational Business 4.1 Correspondence 4.2 News Release-2018 Requirements for Development Permit Applications Staff: Dave Windom 5. Open Forum for Citizen Input (5 minutes per person, 15 minutes time limit) If you wish to address the Commission, raise your hand to be recognized by the Chair. When you have been recognized, please step up to the microphone and give your name and address before your comments.The Mason County Commission is committed to maintaining a meeting atmosphere of mutual respect and speakers are encouraged to honor this principle. 6. Adoption of Agenda Items appearing on the agenda after"Item 10. Public Hearings", may be acted upon before 9:30 a.m. 7. Approval of Minutes — None. 8. Approval of Action Agenda: All items listed under the"Action Agenda"may be enacted by one motion unless a Commissioner or citizen requests an item be removed from the Action Agenda and considered as a separate item. 8.1 Approval of Amendment No. 2 of agreement No. WQAIP-2016-MasNWB- 00013 between the State of Washington Department of Ecology and Mason County Noxious Weed Control Board for the Spencer Lake Integrated Aquatic Vegetation Management Plan, and approval to have the Chair sign the agreement. 8.2 Approval to set a public hearing on March 27, 2018 at 6:30 p.m. to consider approval of the following supplemental appropriation and budget transfer requests to the 2018 budget: �. • •:: . . -- - - •. .. . .• •. .. -- •-. (317.30.302000) Budge` rs - •... . .. . - : :•. •. .. :.. (105) Mcd/Dent/Vis/Lifc to fund increase in rate; $70,000 from REET 2 (#351)to Parks and Trails Salaries and Benefits —$3,911 to Current Expensc Auditor(#001 038)-Med/Dcnt/Vis/Life to fund increase in ratco Agendas are subject to change,please contact the Commissioners'office for most recent version. This agenda was last printed on 03/12/18 11:29 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 COMMISSIONERS' MEETING AGENDA March 13, 2018–PAGE 2 •--$8,829 to Current Expense Human Resources (#001 057) for various benefits accounts to fund increase in rates -•-• - • ... - S. ----- .—$8,931 to Current Expense District Court for various benefits accounts to fund increase in rates • $2,031 to Currcnt Expense Coroncr(#001 190) Mcd/Dcnt/Vis/Life to fund increase in rates • $2,217 to Currcnt Expense OPD(#001 210)for various benefits accounts fund increase in rates Supplemental Request: • $30,000 to Current Expense Parks & Trails for Parks Fees Revenue (34730.302000) • $30,000 to Current Expense Parks & Trails for Salaries and Benefits (various accounts) Budget Transfers • $100,000 Transfer from REET 1 (350.300.594.12.562000)Capital Projects to • $100,000 Current Expense-Facilities for Salaries and Benefits(001.055 various accounts) • $70,000 Transfer from REST 2(351)Ending Fund Balance to • $70,000 Current Expense-Parks& Trails for Salaries and Benefits (001.146 various accounts) 8.3 Approval of Warrants &Treasure Electronic Remittances Claims Clearing Fund Warrant #5 8054651-8054828 $ 1,070,674.35 Direct Deposit Fund Warrant #s 48276-48636 $ 631,027.08 Salary Clearing Fund Warrant #s 7003467-7003506 $ 904,136.22 Treasure Electronic Remittance for February 2018 $ 395,619.41 8.4 Approval to authorize the Chair to execute the Cooperative Purchasing Agreement between Mason County and Pacific County extending the right to cooperatively purchase good and/or services through one another through competitive bidding process. 8.5 Approval to have the Board reject the one bid received for the Rustlewood Sewer Main Lining cured-in-place-pipe (CIPP) project and authorize Public Works to revise and re-advertise. 8.6 Approval of the Resolution of Intent to form a lake management district for Mason Lake (LMD #2) for a 10 year period commencing in 2019 and setting a public hearing on Tuesday, April 17, 2018 at 9:30 a.m. pursuant to RCW 36.61.030. 8.7 Approval to adopt the updated Public Records Policy for Mason County by amending resolution 23-12. 8.8 Approval to authorize ER&R to surplus certain vehicles and equipment and dispose of at the Washington State Surplus Sales and Ritchie Bros. Auctioneers/Iron Planet. 9. Other Business (Department Heads and Elected Officials) 10. 9:30 a.m. Public Hearings and Items Set for a Certain Time 10.1 Public Hearing to consider a Private Line Occupancy Permit to install an underground septic transport line and power under W. Nahwatzel Beach Drive. Staff: John Huestis J:\AGENDAS\2018\2018-03-13 Reg.doc MASON COUNTY COMMISSIONERS' MEETING AGENDA March 13, 2018— PAGE 3 11. Board's Reports and Calendar 12. Adjournment J:\AGENDAS\2018\2018-03-13 Reg.doc Oc�- MASON COUNTY TO: BOARD OF MASON COUNTY COMMISSIONERS Reviewed: FROM: Jennifer Giraldes Ext. 380 DEPARTMENT: Support Services Action Agenda DATE: March 13, 2018 No. 4.1 ITEM: Correspondence 4.1.1 Washington State Liquor and Cannabis Board sent a notification of Pending Marijuana Extraction Operation for Hazy Daze 1982 NE Old Belfair Highway, Belfair. 4.1.2 Mason County Community Services sent an objection letter regarding a Marijuana License for I502 Gardens LLC 1069 West Kamilche Lane, Shelton. 4.1.3 Washington State Liquor and Cannabis Board sent in two liquor licenses application one for Little Creek Casino Resort, Event Center 91 West State Route 108, and one for Shelton and Taylor Town Store 70 Lynch Road SE, Shelton. Attachments: Originals on file with the Clerk of the Board. cc:CMMRS Neatherlin,Shutty&Drexler Clerk,�\A!1i l q Washington State Liquor and Cannabis Board February 28, 2018 RECEIVED Mason, county of FEB 2 g 2018 ATTN: Commissioners 411 N 5th St Shelton, WA 98584-3466 Mason County Commissioners RE: Notification of Pending Marijuana Extraction Operation Trade Name: Hazy Daze License Number: 412452 Contact Name: Karl Djordjevic Phone Number: 360.340.2025 Location Address: 1982 NE Old Belfair Hwy Belfair, WA 98528-9657 Dear Sir or Madam, In accordance with Washington Administrative Code (WAC) 314-55-104(5), the WSLCB is sending notifications to local authorities (LA) when a marijuana processor plans to perform extractions of marijuana requiring the use of a professional grade closed loop extraction system at a facility within their jurisdiction. This letter is to inform you that the above mentioned applicant/licensee has indicated in their operating plan that they intend to extract marijuana using a Hydrocarbon Closed Loop process. In accordance with the law, "Professional closed loop systems, other equipment used, the extraction operation, and facilities must be approved for their use by the local fire code official and meet any required fire, safety, and building code requirements." For additional information on extraction requirements please see WAC 314-55-104. Meeting the required fire, safety and building code requirements is a process between the LA and the applicant, and a requirement for the applicant to begin operation. The WSLCB does not verify local fire code approvals as part of the application process. If you have additional questions, you may contact us via email at: MJExaminera-licl.wa.gov. Thank you, Rachel McAuley Marijuana Examiner Washington State Liquor Control Board 360-664-1614 3000 Pacific Ave. SE, P.O. Box 43098, Olympia WA 98504, (360) 664-1600, www.liq.wa.gov cc:CMMRS Neatherlin,Shutty&1D'rexler - Clerk �,h/1a1� V rwt p • `J MASON COUNTY • COMMUNITY SERVICES Building,Planning,Environmental Health,Community Health RECEIVE® February 28,2018 FEB 2 8 2018 Washington State Mason County Liquor and Cannabis Board ' Commissioners Rebecca Smith, Director PO Box 43098 - Olympia,-WA 9850473098 ...--- -- __.. - ... _.. _............... .... ....... ............ - —.. .-- — — ---- _-. Re: 1502 Gardens LLC(parcel 31907-44-90031) 650 E.Jensen RD Shelton,WA 98584 Pursuant to your Notice of Marijuana License Renewal Application dated 27 February 2018 please accept this as our objection per RCW 69.50.331 (7) (c)for the following reasons: • 1502 Gardens has not obtained permits or occupancy for any of the structures. • All permits have expired due to inactivity. • The commercial building behind the house requires a fire alarm.The building was unoccupied as of 2-17-12 and alarm service discontinued at that time.The system must be reactivated to occupy structure. • A change in occupancy from an appliance repair to a 502 producers& processor has not been completed. This permit application is incomplete and pending clarity of use of space, ventilation and information regarding the extraction process. • A pre-application meeting with permitting staff has not been completed. We understand the difficult position this puts 1502 Gardens in as regards to making an investment without guarantee of a license. If the Cannabis Board would approve but not issue the license until local requirements are met,this would provide certainty for the client as well as meeting local regulatory issues. Public Health Community Development (Community Health/Environmental Health) (Permit Assistance Center/Building/Planning) 415 N.01 Street—Shelton,WA 98584 615 W.Alder Street—Shelton,WA 98584 Shelton:360-427-9670,Ext.400 Shelton:360-427-9670,Ext.352 Belfair:360-275-4467,Ext.400 Belfair:360-275-4467,Ext.352 Elma:360-482-5269,Ext.400 Elma:360-482-5269,Ext.352 I ` Thank you for the opportunity to comment and please let me know if there is any additional information we can provide. I can be reached at the address below,at(360)427-9760 Ext 260,or at i dwindom@co.mason.wa:us. ..._..__.._....... - Thank you, - . _..- ------.... . ....... _. David Windom, MSHS Director Public Health Community Development (Community Health/Environmental Health) (Permit Assistance Center/Building/Planning) 415 N.66 Street—Shelton,WA 98584 615 W.Alder Street—Shelton,WA 98584 Shelton:360-427-9670,Ext.400 Shelton:360-427-9670,Ext.352 Belfair:360-275-4467,Ext.400 Belfair:360-275-4467,Ext.352 Elma:360-482-5269,Ext.400 Elma:360-482-5269,Ext.352 i ' ,e cc:CMMRS Neatherlin,Shutty&Drexler e Clerk j Irl` rU iA Washington State R+ g Liquor and Cannabis Board NOTICE OF MARIJUANA LICENSE APPLICATION s I. 1 � WASHINGTON STATE LIQUOR AND CANNABIS BOARD License Division- 3000 Pacific, P.O. Box 43075 Olympia,WA 98504-3075 Customer Service: (360) 664-1600 t Fax: (360) 753-2710 Website: http:11Icb.wa.gov RETURN TO:localauthorlty@sp.lcb.wa.gov TO:MASON COUNTY COMMISSIONERS DATE: 2/27/18 RE:NEW APPLICATION • L UBI:603-531-427-001-0001 • s License:. 412042 -7U County:23 APPLICANTS' 1502 GARDENS LLC Tradename:1502 GARDENS WALTERICK,DAVID RONALD 1949-08-30 WALTERICK,MARY JOSEPHINE Lac Addr. 1069 W KAMILCHE LANE (Spouse)l950-02-26 SHELTON,WA 98584 MARTINEZ,CHRISTINA MARIA 1982-03-00 t Mail Addr 650 E JENSEN RD t SHELTON,WA 98584 Phone No.: 360-490-5012 DAVID WALTERNICK p giltp Privileges Applied For. FEB .2 7 2018 MARIJUANA PRODUCER TIER 1 MARIJUANA PROCESSOR Mason County Commissioners As required by RCW 69.50.331(7) the Liquor and Cannabis Board is notifying you that the above has applied for a marijuana license. You have 20 days from the date of this notice to give your input on E this application. If we do not receive this notice back within 20 days,we will assume you have no objection to the issuance of the license. If you need additional time to respond,you must submit a written request for an extension of up to 20 days,with the reason(s)you need more time. If you need information on SSN,contact our Marijuana CHRI desk at(360)664-1704. i "e 110 1.Do you approve of applicant?., .... ... .... ..�... .......�. ./.. . ..... ... ... 2.Do you approve of location?..... . .....Ort .......�!�'"! r� /rn 1 3.If you disapprove and the Board contemplates Issuing a license,do you wish to request an adjudicative hearing before fmal action is taken?..... .......... ..... .... ... ....... . ❑ ❑ (See WAC 314-55-160 for information about this process) 4.If you disapprove,per RCVJ 69.50.331(7)(c)you MUST attach a letter to the Board detailing the reason(s)for the objection and a statement of all facts on which your objection(s)are based. S DATE SIGNATURE OF MAYOR,CTY MANAGER,COUNrY COMMISSIONERS OR DESIGNEE a - i a k s 2/27/2018 F= 11:19:03AM Tags for Parcel # :319074490031 3 1� §,z Nrt A0%'40 FIRE F Warning Fire Protection Required Commercial building behind house requires a fire alarm. 2/16/2012 TW Building unoccupied as of 2-17-12 alarm service discontinued at this time. System must be reactivated in r; order to occupy structure. C' I. 'r.. it is i i i !` 1 of 1 r`':• ParcelTags..rpt cc:CMMRS Neatherlin,Shutty&Drexler Clerk)canal l q Y,�v WASHINGTON STATE LIQUOR AND CANNABIS BOARD — License Services ��1_.t 3000 Pacific Ave SE - P 0 Box 43075 Olympia WA 98504-3075 TO: MASON COUNTY COMMISSIONERS March 1, 2018 RECEIVED SPECIAL OCCASION #: 093246 MAR 0 5 2018 ROTARY CLUB OF SOUTH PUGET SOUND Mason County WEST BAY DR NW OLYMPIA WA 98502 C0r;!i`IS S iCqicir"'S DATE: APRIL 28, 2018 TIME: 5:30 PM TO 9:30 PM PLACE: LITTLE CREEK CASINO RESORT, EVENT CENTER - 91 W STATE RTE 108, SHELTON CONTACT: JOE KINERK (DOB 4.14.1949) 630-561-1160 SPECIAL OCCASION LICENSES * _Licenses to sell beer on a specified date for consumption at a specific place. * _License to sell wine on a specific date for consumption at a specific place. * _Beer/Wine/Spirits in unopened bottle or package in limited quantity for off premise consumption. * _Spirituous liquor by the individual glass for consumption at a specific place. If return of this notice is not received in this office within 20 days from the above date, we will assume you have no objections to the issuance of the license. If additional time is required please advise. 1. Do you approve of applicant? YES NO 2. Do you approve of location? YES NO 3. If you disapprove and the Board contemplates issuing a license, do you want a hearing before final action is taken? YES NO OPTIONAL CHECK LIST EXPLANATION YES NO LAW ENFORCEMENT YES NO HEALTH & SANITATION YES NO FIRE, BUILDING, ZONING YES NO OTHER: YES NO If you have indicated disapproval of the applicant, location or both, please submit a statement of all facts upon which such objections are based. DATE SIGNATURE OF MAYOR, CITY MANAGER, COUNTY COMMIONERS OR DESIGNEE cc:CMMRS Neatherlin,Shutty&Drexler Washington State Clerk Liquor and Cannabis Board NOTICE OF LIQUOR LICENSE APPLICATION WASHINGTON STATE LIQUOR AND CANNABIS BOARD License Division - 3000 Pacific, P.O. Box 43075 Olympia,WA 98504-3075 Customer Service: (360) 664-1600 Fax: (360) 753-2710 Website: http://Icb.wa.gov TO: MASON COUNTY COMMISSIONERS RETURN TO: localauthority@sp.lcb.wa.gov DATE: 3/07/18 RE:APPLICATION FOR ADDED PRIVILEGE U B I:602-810-784-001-0002 APPLICANTS: License: 367088 -1F County:23 Tradename:TAYLOR TOWNE STORE PAIK'S CORP Loc Addr: 70 LYNCH RD SE PAIK, HYON KOOK SHELTON WA 98584 1964-07-08 PAIK RHA, HAE RYUN Mail Addr: 70 LYNCH RD SE 1975-09-28 SHELTON WA 98584-8615 Phone No.: 360429-0069 RECEIVED MAR 07 2018 Privileges Upon Approval: GROCERY STORE-BEER/WINE Mason County. BEER/CIDER GROCERY GROWLERS Commissioners As required by RCW 66.24.010(8), the Liquor and Cannabis Board is notifying you that the above has applied for a liquor license. You have 20 days from the date of this notice to give your input on this application. If we do not receive this notice back within 20 days,we will assume you have no objection to the issuance of the license. If you need additional time to respond,you must submit a written request for an extension of up to 20 days,with the reason(s)you need more time. If you need information on SSN,contact our CHRI desk at(360) 664-1724. YES NO 1.Do you approve of applicant? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ 2. Do you approve of location? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ 3. If you disapprove and the Board contemplates issuing a license,do you wish to request an adjudicative hearing before final action is taken? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ (See WAC 314-09-010 for information about this process) 4.If you disapprove,per RCW 66.24.010(8)you MUST attach a letter to the Board detailing the reason(s)for the objection and a statement of all facts on which your objection(s)are based. DATE SIGNATURE OF MAYOR,CITY MANAGER,COUNCY COMMISSIONERS OR DESIGNEE Attachment A MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Kristopher Nelsen, Action Agenda _ Permit Assistance Center Manager Public Hearing Other DEPARTMENT: Community Services EXT: _359_ COMMISSION MEETING DATE: March 13, 2018 Agenda Item # Commissioner staff to complete) BRIEFING DATE: March 5, 2018 BRIEFING PRESENTED BY: David Windom, CSD Director [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Public Notice: 2018 Requirements for Development Permit Applications. BACKGROUND: To keep Mason County citizens and business partners aware of current process changes necessary to move forward with permit application requirements to align with surrounding jurisdictions and be better prepared for future growth. BUDGET IMPACTS: Public Notice fees. RECOMMENDED ACTION: Approve attached news release. ATTACHMENTLS): News Release l:\Community Development\PLANNING\Marissa W\BOCC\Agenda\2018\03.13.18\CS_03.13.18_Consent News Release Permit Changes.doc NEWS RELEASE MASON COUNTY COMMISSIONERS 411 NORTH 5T" ST SHELTON, WA 98584 TO: KMAS, KRXY, SHELTON-MASON COUNTY JOURNAL, THE OLYMPIAN, SHELTON CHAMBER OF COMMERCE, NORTH MASON CHAMBER OF COMMERCE, CITY OF SHELTON, ECONOMIC DEVELOPMENT COUNCIL, THE SUN RE: 2018 Requirements for Development Permit Applications. Mason County's Permit Assistance Center has recently updated the development permit application requirements in response to upcoming changes in the technology. These changes are designed to align industry code requirements for digital submissions. A new "Residential Submittal Checklist" has been created to aid potential home owners, builders, and design professionals on what is required prior to the county's acceptance of a development application. Current applicants and design professionals are encouraged to review and use this new checklist immediately to confirm timely processing. Starting the first of April, any incomplete, or omission on the submittal checklist will not allow applications to be accepted by the department. Permit applications and development requirements can be found on the county's website at: www.co.mason.wa.us. Updated applications state "NEW" next to their title. Any question, contact the Permit Assistance Center at (360) 427-9670 ext. 352. Randy Neatherlin Kevin Shutty Terri Drexler Chair Commissioner Commissioner MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Patricia Grover, Mason County Noxious Action Agenda _X Weed Control Board Public Hearing Other DEPARTMENT: Commissioners EXT: 592 COMMISSION MEETING DATE: March 13, 2018 Agenda Item # 8 Commissioner staff to complete) BRIEFING DATE: March 5, 2018 BRIEFING PRESENTED BY: Patricia Grover [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Amendment No. 2 of the agreement No. WQAIP-2016-MasNWB-00013 between The State of Washington Department of Ecology and Mason County Noxious Weed Control Board for the Spencer Lake Integrated Aquatic Vegetation Management Plan. Background: The purpose of the amendment is to extend the expiration date from June 30, 2017 to June 30, 2018. This will allow for the balance of the contract to be expended and deliverables met. RECOMMENDED ACTION: Approval from Mason County Board of County Commissioners and Signature from Randy Neatherlin, Chair Mason County Commissioner. Attachment(s): Amendment No. 2 of Agreement WQAIP-2016-MasNWB-00013 3/6/2018 r DEPARTMENT OF ECOLOGY State of Washington AMENDMENT NO.2 TO AGREEMENT NO.WQAIP-2016-MasNWB-00013 BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND Mason County Noxious Weed Control Board PURPOSE: To amend the above-referenced agreement(AGREEMENT)between the state of Washington Department of Ecology(ECOLOGY)and Mason County Noxious Weed Control Board(RECIPIENT)for the Spencer Lake Integrated Aquatic Vegetation Management Plan(PROJECT). The purpose of this amendment is to extend the expiration date from June 30,2017 to June 30,2018 in order to complete the public meeting and review process for the Integrated Aquatic Vegetation Management Plan(IAVMP). IT IS MUTUALLY AGREED that the AGREEMENT is amended as follows: Expiration Date: Original: 06/30/2017 Amended: 06/30/2018 CHANGES TO THE BUDGET Funding Distribution EG150119 Funding Title: Spencer Lake IAVMP Funding Type: Grant Funding Effective Date: 07/01/2015 Funding Expiration Date: 06/30/2018 Funding Source: Title: Aquatic Invasive Plant Program Type: State Funding Source%: 100% Description: $3 license fee on boat trailers Approved Indirect Costs Rate: Approved State Indirect:25% Recipient Match%: 25% InKind Interlocal Allowed: Yes InKind Other Allowed: Yes Is this Funding Distribution used to match a federal grant? No Version 10/30/2015 State of Washington Department of Ecology Page 2 of 4 Mason County Noxious Weed Control Board Spencer Lake Integrated Aquatic Vegetation Management Plan Project Agreement No.WQAIP-2016-MasNWB-00013 Amendment No.2 Spencer Lake IAVMP Task Total Spencer Lake Aquatic Plant Survey $ 10,333.33 Community Outreach,Organization and Involvement $ 7,000.00 Preparation of IAVMP $ 11,000.00 Project Administration/Management $ 5,000.00 Total: $ 33,333.33 Version 10/30/2015 State of Washington Department of Ecology Page 3 of 4 Mason County Noxious Weed Control Board Spencer Lake Integrated Aquatic Vegetation Management Plan Project Agreement No.WQAIP-2016-MasNWB-00013 Amendment No.2 Funding Distribution Summary Recipient/Ecology Share Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total Spencer Lake IAVMP 25 % $ 8,333.33 $ 25,000.00 $ 33,333.33 Total $ 8,333.33 $ 25,000.00 S 33,333.33 Version 10/30/2015 State of Washington Department of Ecology Page 4 of 4 Mason County Noxious Weed Control Board Spencer Lake Integrated Aquatic Vegetation Management Plan Project Agreement No.WQAIP-2016-MasNWB-00013 Amendment No.2 AUTHORIZING SIGNATURES All other terms and conditions of the original Agreement including any Amendments remain in full force and effect, except as expressly provided by this Amendment. The signatories to this Amendment represent that they have the authority to execute this Amendment and bind their respective organizations to this Amendment. This amendment will be effective 07/01/2015. IN WITNESS WHEREOF:the parties hereto,having read this Amendment in its entirety,including all attachments,do agree in each and every particular and have thus set their hands hereunto. Washington State Mason County Noxious Weed Control Board Department of Ecology By: By: Heather R.Bartlett Date Randy Scott Neatherlin Date Water Quality Commissioner Program Manager Template Approved to Form by Attorney General's Office Version 10/30/2015 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Frank Pinter Action Agenda X Public Hearing Other DEPARTMENT: Support Services EXT: 530 DATE: March 13, 2018 Agenda Item # Commissioner staff t com tete BRIEFING DATE: 3/5/2018,, 3/12/2018 BRIEFING PRESENTED BY: Jessica Sweet, Frank Pinter [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency Item: Set a Public Hearing on March 27, 2018 at 6:30 p.m. to consider approval of supplemental appropriation and budget transfer requests to the 2018 budget. Background: The following are requests for supplemental appropriations and budget transfers: Supplemental Requests $30,000 to Current Expense Parks&Trails for Parks Fees Revenue (347.30.302000) ($30,000) to Current Expense Parks&Trails for Salaries and Benefits Budget Transfers $17,537 from Road Ending Fund Balance (105.508.10.500000)to County Roads(105) Med/Dent/Vis/Life to fund increase in rates $3,941 from Current Expense Ending Fund Balance (#001-320) to Current Expense-Auditor(#001- 030) Med/Dent/Vis/Life to fund increase in rates $100,000 from REET 1 (#350) to Facilities- Salaries and Benefits $8,829 from Current Expense Ending Fund Balance (#001-320) to Current Expense-Human Resources (#001-057) for various benefits accounts to fund increase in rates $5,833 from Current Expense Ending Fund Balance (#001-320) to Commissioners (#001-080) for State Retirement $8,931 from Current Expense Ending Fund Balance (#001-320)to Current Expense-District Court for various benefits accounts to fund increase in rates $70,000 from REET 2 (#351) to Parks and Trails- Salaries and Benefits $30,000 from Parks Fees(347.30.302000) to Parks and Trails- Salaries and Benefits $2,034 from Current Expense Ending Fund Balance (#001-320) to Current Expense-Coroner(#001- 190) Med/Dent/Vis/Life to fund increase in rates JAJessica S\BOCC public hearing\2018\Budget Action Agenda for 2018 Hearing 3.27.18.doc $2,217 from Current Expense Ending Fund Balance (#001-320) to Current Expense-OPD (#001-240) for various benefits accounts $3,482 from Current Expense Ending Fund Balance (#001-320) to Current Expense-Treasurer (#001- 260)for various benefits accounts to fund increase in rates B6dget Impact: $35,267 Decrease in Current Expense Ending Fund Balance due to Transfers Out $30,000 Increase in Current Expense Revenue due to additional Parks Fees Revenue Net Impact: $5,267 Decrease in Current Expense Ending Fund Balance $17,537 Decrease in Road Fund $100,000 from REET 1 (#350) to Facilities- Salaries and Benefits $70,000 from REEF 2 (#351) to Parks and Trails- Salaries and Benefits Recommended Action: Set a Public Hearing for March 27, 2018 at 6:30 pm in order to consider the approval of the following Supplemental Appropriations and Budget Transfers to the 2018 Budget: Supplemental Requests $30,000 to Current Expense Parks&Trails for Parks Fees Revenue(347.30.302000) Budget Transfers $17,537 from Road Ending Fund Balance (105.508.10.500000)to County Roads (105) Med/Dent/Vis/Life to fund increase in rates $100,000 from REET 1 (#350) to Facilities- Salaries and Benefits $70,000 from REET 2 (#351) to Parks and Trails- Salaries and Benefits Total Current Expense Transfers Out- $35,267 to the following Departments: $3,941 to Current Expense-Auditor(#001-030) Med/Dent/Vis/Life to fund increase in rates $8,829 to Current Expense-Human Resources (#001-057) for various benefits accounts to fund increase in rates $5,833 to Commissioners(#001-080) State Retirement $8,931 to Current Expense-District Court for various benefits accounts to fund increase in rates $2,034 to Current Expense-Coroner (#001-190) Med/Dent/Vis/Life to fund increase in rates $2,217 to Current Expense-OPD (#001-240)for various benefits accounts $3,482 Current Expense-Treasurer(#001-260)for various benefits accounts to fund increase in rates J:Uessica S\BOCC public hearing12018\Budget Action Agenda for 2018 Hearing 3.27.18.doc RESOLUTION NO. 2018 BUDGET SUPPLEMENTAL/BUDGET TRANSFER REQUESTS-NOTICE OF HEARING WHEREAS, by reason of conditions which could not be reasonably foreseen at the time of making the budget for the year 2018, it is necessary to make provision for Supplemental/Budget Transfers to the budget as required by RCW 36.40.100,and RCW 36.40.195 for the following: Supplemental Request: $30,000 to Current Expense Parks&Trails for Parks Fees Revenue(347.30.302000) ($30,000)to Current Expense Parks&Trails for Salaries and Benefits TOTAL:$0 Budget Transfers: $17,537 Transfer from Road Ending Fund Balance to Road Med/Dent/Vis Life benefits accounts(105.000) $35,267 Transfer from General Fund Ending Balance(001.320)to: $3,941 to Current Expense-Auditor(001.030)for Med/Dent/Vis/Life $8,829 to Current Expense-Human Resources(001.057)for various benefits accounts $5,833 to Current Expense-Commissioners(001.080)for State Retirement $8,931 to Current Expense-District Court(001.100)for various benefits accounts $2,034 to Current Expense-Coroner(001.190)for Med/Dent/Vis/Life $2,217 to Current Expense-Public Defense(001.240)for various benefits accounts $3,482 to Current Expense-Treasurer(001.260)for various benefits accounts $100,000 Transfer from REET 1(350) Ending Fund Balance to Current Expense-Facilities for Salaries and Benefits (001.055) $70,000 Transfer from REET 2(351) Ending Fund Balance to Current Expense-Parks&Trails for Salaries and Benefits(001.146) TOTAL:$222,804 THEREFORE,BE IT RESOLVED BY THE Board of Mason County Commissioners: That the 27'day of March, 2018 at the hour of 6:30 p.m., in the Mason County Commissioners Chambers in Courthouse Building I,411 North Fifth Street,Shelton,Washington, is hereby fixed as the time and place for a public hearing upon the matter of Budget Supplemental/Transfer Requests to the 2018 Budget as follows: Supplemental Request: $30,000 to Current Expense Parks&Trails for Parks Fees Revenue(347.30.302000) ($30,000)to Current Expense Parks&Trails for Salaries and Benefits TOTAL:$0 Budget Transfers From: $17,537 Transfer from Road Ending Fund Balance $35,267 Transfer from General Fund Ending Balance(001.320) $100,000 Transfer from REET 1(350) Ending Fund Balance to Current Expense-Facilities for Salaries and Benefits (001.055) $70,000 Transfer from REET 2(351) Ending Fund Balance to Current Expense-Parks&Trails for Salaries and Benefits(001.146) TOTAL:$222,804 Budget Transfers To: $17,537 to Road Med/Dent/Vis Life benefits accounts(105.000) $3,941 to Current Expense-Auditor(001.030)for Med/Dent/Vis/Life $8,829 to Current Expense-Human Resources(001.057)for various benefits accounts $5,833 to Current Expense-Commissioners(001.080)for State Retirement $8,931 to Current Expense-District Court(001.100)for various benefits accounts $2,034 to Current Expense-Coroner(001.190)for Med/Dent/Vis/Life $2,217 to Current Expense-Public Defense(001.240)for various benefits accounts $3,482 to Current Expense-Treasurer(001.260)for various benefits accounts $100,000 to Current Expense-Facilities for Salaries and Benefits(001.055) $70,000 to Current Expense-Parks and Trails for Salaries and Benefits(001.146) TOTAL:$222,804 The Clerk of the Board is hereby authorized,empowered,and directed to cause notice of such hearing to be published as provided by law. DATED this 27' of March,2018 ATTEST: BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON Melissa Drewry,Clerk of the Board Randy Neatherlin,Chair APPROVED AS TO FORM: Terri Drexler,Commissioner Tim Whitehead,Chief DPA CC: Auditor—Financial Services Kevin Shutty,Commissioner Publish 2x 3/15&3/22 bill to Commissioners, 411 North 5th Street,Shelton UCr1� MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Jennifer Giraldes Action Agenda _X_ Public Hearing Other DEPARTMENT: Support Services EXT: 380 DATE: March 13, 2018 Agenda Item # (Commissioner staff to complete) BRIEFING DATE: BRIEFING PRESENTED BY: [X] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval of Warrants &Treasure Electronic Remittances Claims Clearing Fund Warrant #s 8054651-8054828 $ 1,070,674.35 Direct Deposit Fund Warrant #s 48276-48636 $ 631,027.08 Salary Clearing Fund Warrant #s 7003467-7003506 $ 904,136.22 Treasure Electronic Remittance for February 2018 $ 395,619.41 Electronic Remittance Detail Macecom 2/5/18 $ 99,873.50 Mental Health 2/9/18 $ 702.62 Community Health &Social Services 2/9/18 $ 525.30 Treasurer 2/5/18 $ 14,250.00 Current Expense to County Roads 2/9/18 $ 106,264.93 Current Expense 2/22/18 $ 66.92 Road Diversion 2/22/18 $ 16.28 County Road 2/22/18 $ 64.52 Mental Health 2/22/18 $ 1.30 Veteran's Assistance 2/22/18 $ .59 General Fund to Trial Court Improvements 2/15/18 $ 5,807.00 County Roads-IT Phones 2/15/18 $ 8,407.00 County Roads-GIS-IT Computers 2/15/18 $ 10,636.00 County Roads-IT Phones 2/15/18 $ 885.00 Non Department Sheriff to ER& R Handheld Radios $ 148,118.45 Background: The Board approved Resolution No. 80-00 Payment of Claims Against County: Procedure Authorizing Warrant Issue and Release Prior to Board Claim Approval. Mason County Code 3.32.060(a) requires that the board enter into the minutes of the County Commissioners the approval of claims listing warrant numbers. Claims Clearing YTD Total $ 4,774,015.74 Direct Deposit YTD Total $ 3,882,491.25 Salary Clearing YTD Total $ 4,225,617.17 Approval of Treasure Electronic Remittances YTD Total $ 395,619.41 RECOMMENDED ACTION: Approval to: Move to approve the following warrants: Claims Clearing Fund Warrant #s 8054651-8054828 $ 1,070,674.35 Direct Deposit Fund Warrant #s 48276-48636 $ 631,027.08 Salary Clearing Fund Warrant #s 7003467-7003506 $ 904,136.22 Treasure Electronic Remittance for February 2018 $ 395,619.41 Attachment(s): Originals on file with Auditor/Financial Services (Copies on file with Clerk of the Board) �N 0C Office of the Treasurer g E\ 411 N. 5th, Bldg. I P.O. Box 429 Shelton, Washington 98584-0429 j�1QEq (360) 427-9670, ext. 475 • Fax (360) 427-7267 Belfair (360) 275-4467 • Elma (360) 482-5269 Elisabeth (Lisa) Frazier, Treasurer 2/5/2018 Payment approval of Macecom: Account FUND # Remittance RECEIPT # Macecom 001.000000.300.300 $ 99,873.50 M-41595 $ - 2/9/2018 Payment approval of Mental Health: Account FUND # Remittance RECEIPT # MENTAL HEALTH 164.000000.000.000 $ 702.62 M-41703 $ - M_ Payment approval of Community Health & Social Services Fees: BOND FISCAL FUND AGENT FUND No. ACCT. #'S Remiittance RECEIPT # Community Health & Social Services 637.000000.000.000 $ 525.30 M-41703 2/5/2018 Account FUND # Remittance RECEIPT # Treasurer Current Expense 001.000000.260.000 $ 14,250.00 M-41555 $ - M- 2/9/2018 Account FUND # Remittance RECEIPT # Current Expense-Non Departmental 001.000000.300.000 $ 106,264.93 M-41709 County Road 105.000000.000.000 $ 106,264.93 M-41709 22-Feb-18 Account FUND # Remittance RECEIPT # Current expense 001.000000.260.000 $ 66.92 M-42033 Current Expense-Road Diversion 001.000000.260.010 $ 16.28 M-40233 County Road 105.000000.000.000 $ 64.52 M-40233 Mental Health 164.000000.000.000 $ 1.30 M-40233 Veteran's Assistance 190.0000000.000.000 $ 0.59 M-40233 15-Feb-18 Account FUND # Remiittance RECEIPT # General Fund 1001.000000.310.000 $ 5,807.00 M-41844 Trial Court Improvemnets 135.000000.000.000 1 $5,807.00 M-41845 County Road- IT Phones 105.000000.000.000 $ 8,407.00 M-40303 County Road GIS- IT Computer 105.000000.000.100 $ 10,636.00 M-40303 County Road GIS- IT Phones 105.000000.000.100 $ 885.00 M-40303 23-Feb-18 Account FUND # Remiittance RECEIPT # Non departmental Sheriff RESO #58-16 001.000000.300.000 $ 148,118.45 M-42069 ER & R repymnt of Loan-handheld radios 501.000000.000.000 $148,118.45 M-42069 Respectfully submitted by: Julie Richert, Chief Deputy Treasurer 2/28/2018 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: John Huestis, PE, Deputy Director/County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 DATE: March 13, 2018 Agenda Item # BRIEFING DATE: March 5, 2018 BRIEFING PRESENTED BY: John Huestis [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Cooperative Procurement Agreement with Pacific County Background: RCW 39.34.030 permits public agencies to enter into an agreement with one another for joint or cooperative action to purchase various goods and/or services that the other agency has already competitively went out to bid and have contracts in place (only if the vendor agreed to participate). The awarding agency does not accept any responsibility for orders placed by the other public agency and the other agency is responsible for compliance with statutes (including bid limits) governing the purchase by or on behalf of itself. The agreement between Pacific County and Mason County would allow both agencies to purchase off each other's contracts procured through the competitive bid process. The agreement remains in effect unless terminated by either party with thirty (30) days prior written notice. Recommended Action: Recommend the Board authorize the Chair to execute the Cooperative Purchasing Agreement between Mason County and Pacific County extending the right to cooperatively purchase goods and/or services award through one another through competitive bidding process. Attachment: Agreement INTERLOCAL COOPERATIVE PURCHASING AGREEMENT This Agreement, adopted�_w4Vim, 2018 by and between Mason County and Pacific County, each being a public agency as defined in RCW 39.34.020. WHEREAS, the parties from time to time purchase goods and services pursuant to competitive bidding and wish to provide for cooperative purchasing. NOW THEREFORE, the parties do hereby agree as follows: 1. Pursuant to RCW 39.34.030, each party hereby extends to the other the right to cooperatively purchase goods and services under contracts awarded through the cooperative purchase goods and services under contracts awarded through competitive bidding process and which contain a provision informing bidders that the other public agencies shall have the right to cooperatively purchase the goods and/or services upon the same accepted price, terms and conditions, exclusive of freight and transportation fees. 2. The party soliciting competitive bids shall comply with its own statutory and internal purchasing requirements and, in addition, shall post the solicitation notice as required by RCW 39.34.030. 3. The party soliciting competitive bids shall not be liable or responsible for specification, delivery, payment or any other aspect of cooperative purchases: by the other party. 4. The vendor(s) agree to extend to the other party the terms and conditions of the contract(s). 5. This agreement shall remain effective indefinitely and may be terminated at by either party with thirty (30) days prior written notice. This Agreement is hereby approved by the County Commissioners for Mason County and executed by the for of County. Accepted for: Mason County Accepted for: PACIFIC COUNTY BOARD OF COMMISSIONERS Randy Neatherlin Chair Mason County, Chair Date: Date: INTERLOCAL COOPERATIVE PURCHASING AGREEMENT This Agreement, adoptedf�f�4113, 2018 by and between Mason County and Pacific County, each being a public agency as defined in RCW 39.34.020. WHEREAS, the parties from time to time purchase goods and services pursuant to competitive bidding and wish to provide for cooperative purchasing. NOW THEREFORE, the parties do hereby agree as follows: 1. Pursuant to RCW 39.34.030, each party hereby extends to the other the right to cooperatively purchase goods and services under contracts awarded through the cooperative purchase goods and services under contracts awarded through competitive bidding process and which contain a provision informing bidders that the other public agencies shall have the right to cooperatively purchase the goods and/or services upon the same accepted price, terms and conditions, exclusive of freight and transportation fees. 2. The party soliciting competitive bids shall comply with its own statutory and internal purchasing requirements and, in addition, shall post the solicitation notice as required by RCW 39.34.030. 3. The party soliciting competitive bids shall not be liable or responsible for specification, delivery, payment or any other aspect of cooperative purchases. by the other party. 4. The vendor(s) agree to extend to the other party the terms and conditions of the contract(s). 5. This agreement shall remain effective indefinitely and may be terminated at by either party with thirty (30) days prior written notice. This Agreement is hereby approved by the County Commissioners for Mason County and executed by the for of County. Accepted for: Mason County Accepted for: PACIFIC COUNTY BOARD OF COMMISSIONERS Randy Neatherlin Chair Mason County, Chair G Date: Date: X13 1 1 o MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Bart Stepp, Deputy Director/ U&W Management Action Agenda DEPARTMENT: Public Works EXT: 207 COMMISSION MEETING DATE: March 13, 2018 Agenda Item # 5 BRIEFING DATE: March 5, 2018 BRIEFING PRESENTED BY: Bart Stepp [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Rustlewood Sewer Main CIPP Lining Project EXECUTIVE SUMMARY: An Invitation to Bid was advertised to all sewer contractors on the County Small Works Roster for the Rustlewood Sewer Main CIPP Lining Project, with a bid opening date of February 27, 2018. The project consists of lining existing concrete sewer mains (installed as part of Phase I of the Rustlewood subdivision) with cured-in-place-pipe (CIPP) and an additive bid item for cleaning and video inspecting 4,000 feet of 8" PVC sewer mains installed during Phase 2. One bid was received from Rognlin's in the amount of $591,303.30. The bid is more than double the County's estimate of $290,000, exceeds the budget available for this project. Public Works recommends the Board reject Roglins bid and allow the county to modify the project by re-advertise for the additive bid item (Cleaning and video inspecting) and move to complete the CIPP Lining Project in 2019. Modifying the project will allow the county to use the inspection information and to tailor the CIPP project. RECOMMENDED OR REQUESTED ACTION: Recommending the Board reject the one bid received for the Rustlewood Sewer Main Lining CIPP Project and authorize Public Works to revise and re-advertise. Attachment: Rognlin's Bid Briefing Summary BID PROPOSAL FORM TO: Mason County Public Works 100 W. Public Works Drive Shelton,Washington 98584 FROM: Bidder Rognlin's, Inc. Address 321 W. State St. Aberdeen, WA 98520 Telephone (360) 532.5220 E-Mail bids(a-,xognlins.com The undersigned, as bidder, declares that we have examined all of the contract documents and that we will contract with Mason County to do everything necessary to complete the work as outlined on the plans and specifications for the Rustlewood Sewer Main Lining. We acknowledge that addenda numbers to have been delivered to us and have been examined as part of the contract documents. We agree that the Bidder Qualifications form shall be a part of this proposal. If our BID is accepted, we agree to sign the contract form and the required evidences of insurance within ten(10)calendar days after receiving written notice of the award of contract. We further agree, if our BID is accepted and a contract for performance of work is entered into with Mason County, to so plan the work and to prosecute it with such diligence that all of•the work shall be completed within the time period stated in the contract. We understand that Mason County reserves the right to reject any or all bids and to determine which proposal is, in the judgment of Mason County, the lowest responsible bid, and which proposal, if any, should be accepted in the best interests of Mason County and that Mason County also reserves the right to waive any informalities in any proposal or bid. We further state that we have not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract. Bidder agrees that the work will be completed within forty (40) working days after the date when the bidder commences work. Notes: (1) See Special Provisions and the Standard Specifications for State sales tax requirements. (2) The County reserves the right to adjust the scope of this work to match available funds. (3) The County reserves the right to reject any or all bids. (4) The table on the next page provides a list of items required to complete the project. It is the contractor's responsibility to complete the project scope to all required standards and specifications. (5) The low bidder will be based on the base bid, additive item costs will not be used to determine the low bid. 10 We propose to perform the work at the prices listed in the following bid schedule(s): BID SCHEDULE—RUSTLEWOOD SEWER MAIN LINING Item Section Material Description quantity Units Unit Cost Bid Price 1 1 a7 Spill Prevention,Control and 1 LS $325.00 $325.00 Countermeasure Plan 2. 1-09 Mobilization 1 LS 3. 1-10 Traffic Control Supervisor 1 LS $201000.00 $20,000.00 4. 1-10 Other Temporary Traffic Control 1 LS $15,000.00 $15,000,00 S. 2-01 Roadside Cleanup 1 LS $4,500;00 $4,500.00 5. SPEC. CCTV Inspection 4,480 LF $10,00 $44,800.0 7. SPEC, 8"Concrete Pipe-8"x 4-mm CIPP 4,480 LF gL.�b 38,5EA.it 8. SPEC. Service Reconnections 29 EA $375.00 $10,875.00 9. SPEC. Manhole/WallInterface Sealing 42 EA $100.00 $4,200.00 10. SPEC: Sewage Bypass for Project1 LS $30,000.00 $30,000.00 Base Bid Subtotal of Work y Sales Tax @ 8.596' Rustlewood Sewer Main Lining Base Bid Total(Subtotal+Sales Tax) r AD1* SPEC. Grouting of service line connections 1 EA $9,000.00 $9,000.00 Point Excavation for reinstatement of AD2* SPEC. service lines per 3.61)of the Technical i EA Specifications $15,000.00 $15,000.0 Point Repair,Replace 10'section of r AD3* SPEC. sewer main that is 8'deep,including 3 EA badsfill and repaving of trench $15,000.00 $15,000.00 Severe Defect Grouting,Cost to grout AD4° SPED 10'of sewer main that has severe 1 EA defects but does not require $13,000.00 $13,000.00 replacement ADS* SPEC, Flowable Fill of void areas 1 a $2,000.00 $$2,000.00 ADS* SPEC. r PVC Pipe Cleaned and inspected but 3,900 LF I t not CIPP lined. $15.00 558,500.00 The Rustlewrood Sewer Main Lining Base Sid Total written out in words Is: ��/j Five Alw�ear al flit,fh}9F f t?ci/$!1�{ ' L /`a-a'ee Dollars and-& "Additive items 1—5 may be utilized during the project If the need for that work Is found. The County will determine whetherto complete additive item&prior to bid award. 'i t BIDDER acknowledges receipt of the following ADDENDUM: Addendum No. Addendum Receipt Date Signe Acknowledgment 1 2 WASHINGTON STATE AND LOCAL SALES TAX.Sales Tax(8.5%)shall be added to full contract price. BIDDER'S ADDRESS. Notice of Acceptance of this bid or requests for additional information should be addressed to the undersigned at the address stated below. NON-COLLUSION DECLARATION I, by signing the proposal, hereby declare, under penalty of perjury under the laws of the United States that the following statements are true and correct: 1. That the undersigned person(s), firm, association or corporation has (have) not, either directly or indirectly,entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the project or which this proposal is submitted. 2 That by signing the signature page of this proposal, I am deemed to have signed and have agreed to the provisions of this declaration. CERTIFICATION OF COMPLIANCE WITH WAGE PAYMENT STATUTES The bidder hereby certifies that,within the three-year period immediately preceding the bid solicitation date 2/2/18,the bidder is not a "willful'violator,as defined in RCW 49.48.082, of any provision of chapters 49.46,49.48,or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. NOTES: 1. This proposal form is not transferable and any alteration of the firm's name entered hereon without prior permission from the Deputy Director will be cause for considering the proposal irregular and subsequent rejection of the bid. 12 Rognlin's, Inc. Bidder's Bu 'ness Name Signature f Authorized Official* Nick Rognlin Printed Name Vice President Title 2/27/2018 Aberdeen WA Date City State Check One: Sole Proprietorship ❑ Partnership ❑ Joint Venture ❑ Corporation State of Incorporation, or if not a corporation, State where business entity was formed: Washington If a co-partnership,give firm name under which business Is transacted: N/A If a corporation,proposal must be executed in the corporate name by the president or vice-president(or any other corporate officer accompanied by evidence of authority to sign). if a co-partnership,proposal must be executed by a partner. .Contractor's License No.: ROGNL**342LF By: Rognhn's, Inc. 321 W. State St. Address Aberdeen, WA 98520 City State Zip 13 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Diane Zoren Action Agenda x Public Hearing Other DEPARTMENT: Support Services EXT: 747 DATE: March 13, 2018 Agenda Item # ,�r Commissioner staff to complete) BRIEFING DATE: February 12, 2018 BRIEFING PRESENTED BY: Support Services [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval of the Resolution of Intent to form a lake management district for Mason Lake (LMD #2) for a 10 year period commencing in 2019 and setting a public hearing on Tuesday, April 17, 2018 at 9:30 a.m. pursuant to RCW 36.61.030. Background: The lake management district (LMD) for Mason Lake was first formed in 2002, again in 2008 and now in 2018 for the 2019 — 2028 period. A petition has been received by the County with 30% of property owners signing in favor of creating the LMD for an additional 10-year period. There are a total of 1,083 parcels in the LMD. This resolution sets the first of two hearings and notice will be mailed to all property owners in the proposed LMD. Budget Impacts: The hard costs for the process will be paid from the Mason Lake LMD Fund. Staff time is not reimbursed. RECOMMENDED ACTION: Approval of the Resolution of Intent to form a lake management district for Mason Lake (LMD #2) for a 10 year period commencing in 2019 and setting a public hearing on Tuesday, April 17, 2018 at 9:30 a.m. pursuant to RCW 36.61.030. Attachment(s): Resolution of Intent Resolution No. 6A) A RESOLUTION declaring the intention of the Board of County Commissioners to establish Lake Management District No. 2 for Mason Lake pursuant to Chapter 36.61 RCW and setting the public hearing on formation of the same. WHEREAS, there is an indication of significant support from Mason Lake property owners for formation of a Lake Management District(LMD) as evidenced by the submittal of LMD petitions. WHEREAS, the Board of County Commissioners has considered the Mason Lake Aquatic Management Plan recommended by the Mason Lake Milfoil Committee which would be the basis for the work plan for the LMD which includes provisions for eliminating the Eurasian Water Milfoil, Slender Arrowhead, Yellow Flag Iris and other aquatic plants that have been identified by the State of Washington as noxious while protecting and enhancing fish and wildlife habitat; The Board of County Commissioners enters the following findings of fact: 1. Formation of an LMD to protect Mason Lake's beneficial uses and water quality is in the public interest. This is evidenced by the broad support expressed by Mason Lake property owners evidenced by the number of signatures appearing on the LMD petitions. All properties within the LMD boundaries have direct access to the lakefront or community access and enjoy significant opportunity to enjoy the lake through passive and active recreation, which is reflected in relatively higher property values. These property owners will collectively share the greatest amount of benefit from the lake management program. Benefit to each property is appropriately reflected in the rates, which provide for a charge based on the total assessed value of the property. 2. The financing of the lake improvement or maintenance activities is feasible. The LMD will guarantee the fees needed to continue with Milfoil, Slender Arrowhead, Yellow Flag Iris and other noxious aquatic plants control measures and the costs of permits, monitoring, printing and mailing. 3. Adequate provisions have been made to protect fish and wildlife. Aquatic herbicides have been approved for use by the US Environmental Protection Agency for the use in lakes and reservoirs used for human drinking water consumption. The herbicide will not harm fish or wildlife, and by eliminating the noxious aquatic plants, the native flora and fauna should be restored. 4. Financial security should not be required to cover the costs of the LMD process. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners for Mason County as follows: 1. Pursuant to RCW 36.61.030, the Board of Mason County Commissioners hereby designates the proposed LMD as Mason County Lake Management District No. 2 for Mason Lake. 2. Purpose of the Lake Management District: a. Manage noxious aquatic plants in Mason Lake to meet recreational and aesthetic needs, fishery and wildlife habitat requirement, and ecosystem and groundwater concerns. b. Employ proven techniques based on environmental safety. c. Conduct water quality monitoring as needed. Resolution No. - d. Investigate and promote the best management practices and shoreline enhancement. e. Monitor for recurrence of Milfoil, Slender Arrowhead and Yellow Flag Iris or emergence of other aquatic plants that could adversely impact the freshwater system and recommend prompt action to control these. f. Maintain an advisory committee of neighborhood representatives to direct the efforts and funds of the LMD. 3. Charges to property: Annual rates and charges will raise funds to support LMD activities. Annual LMD budget and rates will be recommended by the LMD Steering Committee to be adopted by the county commissioners. The estimated amount that will be raised by the LMD rates in 2019 is$36,000. The total estimated LMD rate revenue for the 10 year LMD including a maximum 5% annual increase for inflation is $452,802.00. The formula of rates and charges that is to be used to establish the 2019 assessment for the LMD is 11 (eleven) cents per thousand valuation. 4. The duration of the proposed LMD is 10 years. 5. The proposed boundaries of the District are all properties fronting Mason Lake or community access to Mason Lake, in Mason County, Washington. 6. Mason Lake Management District Steering Committee: The volunteer Mason Lake Milfoil Committee will represent the interests of property owners around the lake. Annual LMD work plan, budget and LMD rates will be recommended by the steering committee for approval by the county commissioners. The Committee will track activities and expenditures. The County staff will provide Committee support including monthly financial reports. 7. In lieu of a $5,000 bond to cover the cost of the LMD process as authorized by RCW 36.61.030, the processing costs (postage, legal advertisements, paper and other necessary costs to create the District) shall be paid from the Mason Lake Management Fund#194. 8. A public hearing on the formation of the proposed LMD No. 2 shall be held on April 17, 2018 at 9:30 a.m. in the Mason County Commission Chambers, 411 North 5th Street, Shelton, WA. ADOPTED this 13th day of March, 2018. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY, WASHINGTON Melissa Drewry, Clerk of the Board Randy Neatherlin, Chair Terri Drexler, Commissioner APPROVED AS TO FORM: Timothy Whitehead Kevin Shutty, Commissioner Chief Deputy Prosecuting Attorney C: LMD#2 Assessor Treasurer File J:\Lake Management District\Mason Lake LMD 2017-2018 Process\LMD-Resolution of Intent#1.doc MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Melissa Drewry Action Agenda _X_ Public Hearing Other DEPARTMENT: Commissioner EXT: COMMISSION MEETING DATE: Agenda Item # Commissioner staff to complete) BRIEFING DATE: 03/06/2018 BRIEFING PRESENTED BY: Melissa Drewry & Diane Zoren [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Mason County Public Records Policy updates. BACKGROUND: The Public Records policy was last updated in 2012 per resolution 23-12. The updates coordinate with the new Joint Legislative Audit & Review Committee (JLARC) requirements, and updates to RCW 42.56. BUDGET IMPACTS: None RECOMMENDED ACTION: Approval to adopt the updated Public Records Policy as presented. ATTACHMENT(S): Updated Public Records Policy with track changes Resolution 23-12 Proposed updated resolution JAPublic Records Requests\PRR Policy\3.13.18 action agenda.doc MASON COUNTY PUBLIC RECORDS POLICY A.Purpose The purpose of this policy is to provide rules by which the County implements and ensures compliance with the provisions of the Public Records Act, RCW 42.56. This policy provides guidance regarding requesting, providing and managing public documents. B. Interpretation and Construction The provisions of this policy shall be liberally interpreted and construed to promote full access to the County's public records in order to assure continuing public confidence in government; provided,that when making public records available,the County shall prevent unreasonable invasions of privacy,shall protect public records from damage, loss, or disorganization,and shall prevent excessive interference with essential government functions. C.Public Records Available Public records are available for public inspection and copying pursuant to this policy except as otherwise provided by law. Public records shall be available for inspection and copying during regular business hours.-The public records officer may ask the requestor to make an appointment to inspect the records. Some records are also available on the Mason County website at www.co.mason.wa.us. Reguestors are encouraged to view the documents on the website prior to submitting a request. D.Public Records Officer Designated The public records officer shall serve as the point of contact for members of the public who request disclosure of public records. 1. Each of the County's elected officials shall appoint a public records officer who shall be responsible for the implementation and compliance with this policy and the Public Records Act. If a public records officer is not appointed,the public records officer shall be the elected official. 2. An alternate public records officer shall be designated by each appointing authority to act when the designated public records officer is absent or otherwise unavailable to act. MASON COUNTY PUBLIC RECORDS POLICY 20122017 Page 1 of 10 3. Unless otherwise designated by the Board of County Commissioners: a. The Clerk of the Board of the County Commissioners is the public records officer for the Board of County Commissioners and for Mason County. b. The public records officer for the departments reporting to the Board of County Commissioners shall be the department head or designee. c. The public records officer for every volunteer board appointed by and reporting to the Board of County commissioners is the Clerk of the Board or designee. 4. The public records officers shall maintain a record of all public records requests made to their office. Such record shall include: a. The requesting party; b. The requesting party's contact information, including address,a-mail and telephone number; c. The record(s)requested; d. The date of the request;and e. Description of records produced in response to request: f. Description of records redacted or withheld and the reason for LedactionVwithholdin and_____________________________ __ ___ Comment[dza]:17us language is from g_The date of final disposition of the request. Esc e. 5. A list of the County's public records officers and their contact information shall be made available to the public,without cost,and shall be posted on the County's website. A copy of this policy and public record request forms shall also be made available to the public,without cost, and shall be posted on the County's website. E.Public Records Requests—How Made Public records may be inspected and/or copies may be obtained under the following procedures: 1. Al requests for Dublic records shall be directed to the Public Records Officer for the office where the record is located.A list of officers by department can be found at htti)://www.co.mason.wa.us/Dublic records/index.php.Countywide requests or requests for records from more than one County agency shall be directed to the Clerk of the Board. Use of the County's public records request form is strongly encouraged and is incorporated herein as 'Exhibit A71 ,- Comment[MD2]:Add e.ibit 2. Public records requests should be made in writing and should include the following information: a. The requester's name, mailing address, and telephone number; b. The date of the request; c. A clear indication that the document is a"Public Records Request'; d. Whether the request is to inspect the public records or for copies of public records, or both; e. A clear description of the public records requested for inspection and/or copying. f. If the request is for a list of individuals, a statement that the list will not be used for any commercial purposes or that the requester is authorized or directed by MASON COUNTY PUBLIC RECORDS POLICY 20122017 Page 2 of 10 law to obtain the list of individuals for commercial purposes,with a specific reference to such law. 3. The public records officer shall document all verbal requests for public records. The public records officer will make their best effort to capture what the requester intended to request. The public records officer's documentation will prevail against any claim by the - - - requester that the documented request was inaccurate or incomplete. A person making an oral request for public records must provide the information listed in the subsection above. The public records officer shall seek a written request if the response may include any of the following: a. A list of individuals; b. Requests not identifying a specific public record; c. Subjects of current,threatened or potential litigation; d. More than 100 pages of records; or e. Public records or information exempt from disclosure. 4. It is the requestor's obligation to provide Mason County with fair notice that a Public Records Request has been made.When a requestor does not use an official request form, or makes a request to an employee who is not a Public Records officer,or includes a request as part of other documents provides to the County for reasons other than makin a Public Records request,the re uestor may not be providing fair notice. gaveFAMPH431 apenry rA,ist be Fnade te that entity and will be subjeet te that eAtity'S FUles ---.,. Comment[MD3]:Moved to section"N" 5. Records request are deemed received by the County during normal business hours only. Requests sent on a weekend,on holidays,or outside business hours shall be considered received at 8:00 a.m.the next business day. F. Response to Public Records Requests 1. The public records officer shall,to the extent practicable, assist requesters in identifying the public records sought. 2. There is no obligation to allow inspection or to provide a copy of a public record on demand. 3. Within five business days after receiving a public record request,excluding holidays,the public records officer shall respond to the request in writing.The public records officer shall make one or more of the following responses: a. The request for inspection of public records is approved and whether an appointment for inspection needs to be scheduled by the requester; b. The request for copies of public records is approved and the copies of all requested records are enclosed with the response; c. The request has been received by the public records officer,that additional time is needed to respond to the request,and stating a reasonable estimate of the time required to respond; d. The request has been received by the public records officer and the records shall be provided on a partial or installment basis as the records are identified, located, assembled and/or made ready for inspection or copying. e. The request is denied, in whole or in part,whether by withholding a requested record or redacting a requested record, stating the specific exemption(s) MASON COUNTY PUBLIC RECORDS POLICY 28122017 Page 3 of 10 prohibiting disclosure and a brief explanation of how the exemption applies to each withheld and redacted record; or f. The requesting party is asked to provide a down payment equal to 10%of the estimated cost of providing the records sought. 4. When a request is for a large volume of records the public records officer may elect to provide the records on an installment basis. If the requestor fails to arrange for the review of the first installment within 15 days of receiving a response from the public records officer,the public records officer may deem the request abandoned and stop fulfilling the remainder of the request. The public records officer shall inform the requestor in writing that the public recordsrequest is closed. 5. If, after responding to a request,additional records are found,the public records officer shall notify the requester of the finding within two working days of the finding. 6. Additional time to respond to a request may be based upon the County's need to: a. Clarify the intent of the request; b. Identify, locate, assemble and/or make the records ready for inspection or disclosure; c. Notify third parties affected by the request pursuant to RCW 42.56.540;or d. Determine whether any of the records or information requested is exempt from disclosure and whether a denial should be made as to all or part of the request. 7.Jf a requester fails to clarify a request within 15 days of receiving a response from the public records officer seeking clarification,the officer shall respond to the Dortions of the request that are not in question If the entire request is unclear and no response is received within 15 business days,the public records officer need not respond further to the request and will inform the requester in writing that the public records request is closed.l--- ---------------------------_-- Comment[MD4]:Per kdv.Lymwood 2017 �8 If the County or its appliFL cable agency does not respond in writing within five business days of receipt of the request for disclosure the requestor should contact the public records officer to determine the reason for the failure to respond. 8.9. If the public records officer does not respond in writing within five business days after receipt of a request for public records,the requester shall be entitled to seek review by the Elected Official/Department Head or the Prosecuting Attorney/Prosecuting Attorney's designee. 9-10. If the public records officer provides an estimate of the time required to respond to the request and the requester believes the amount of time stated is not reasonable, then the requester may request that the Elected Official/Department Head or the Prosecuting Attorney/Prosecuting Attorney's designee review the estimate of time. 11.When a request for public records is received that concerns a subject known to involve litigation that is pending,threatened or anticipated,the public records officer shall promptly notify the Prosecuting Attorney of the request. 12.Staff shall not be obligated to create electronic or other records or to convert electronic records into a format or medium in which the records are not already maintained.When asked by a requestor to convert an electronic record into a different format staff is encouraged to do so when reasonable and technologically feasible provided such MASON COUNTY PUBLIC RECORDS POLICY 20422017 Page 4 of 10 conversion is not unduly burdensome and does not interfere with other essential iob functions. Reauestors may reauest paper copies of electronic records.subiectto applicable copying charges. -18-13. Responses to requests of public records, including responses by email,are subiect to the provisions of the Public Records Act and the retention requirements of the - Office of the Secretary of State and shall be maintained accordingly. G. Exemptions 1. When denying or redacting a public record,the public records officer shall provide the requestor with an index showing the title of the record,the author, recipient, date, number of pages,exemption authority and brief explanation for withholding. 2. If a request concerns any of the following topics,the public records officer should closely examine the applicable statutes that may prohibit or restrict access and shall consult with the Prosecuting Attorney prior to responding to the public records request.This list is not exhaustive and other exemptions may exist: a. Job application materials; b. Residential addresses and personal phone numbers of employees and volunteers; c. Personnel files of current and retired employees and volunteers; d. Taxpayer information that is private; e. Investigative records compiled by law enforcement, probation officers and code enforcement officers; f. Identity of witness to a crime or persons who file complaints with investigation and law enforcement agencies including the Sheriff, Prosecuting Attorney and code enforcement officers; g. Test questions,scoring keys or information for employment examinations; h. Real estate appraisals made for an agency relative to the acquisition or sale of property; i. Valuable designs,formulae,drawings and research data; j. Preliminary drafts, notes, recommendations in which opinions are expressed as part of the deliberative process; k. Attorney work product pertaining to pending,threatened or completed litigation; I. Attorney-client privileged communications; m. Complaints and investigative records compiled in connection with claims of discrimination in employment; n. Credit card numbers; o. Medical records and information; p. Information pertaining to victims of crime; q. Information regarding organized crime; r. Traffic accident reports prepared by citizens; s. Industrial insurance claim files and records; and t. Identity of child victims of sexual assault. H.Fees 1. No fee will be charged for the inspection of a public record. No fee will be charged for locating public records and making them available for inspection or copying. MASON COUNTY PUBLIC RECORDS POLICY 204-22017 Page 5 of 10 2. No fee will be charged for searching for public records, redacting portions of the record that are exempt from disclosure, or preparing an index of exempt documents. 3. Eep s. At his of her It is within the discretion.of the public records officer may-to waive the fes,^f^,F f F th@^25 pages Copying fees when: (i)all of the records responsive to an entire request are paper copies only and are twenty-five or fewer pages or(ii)all of the records responsive to an entire request are electronic and can be provided in a single email with attachemnts of a size totaling no more than the equivalent of 100 printedpages. If that email for any reason is not deliverable records will be provided through another means of deliver. and the requester will be charged in accordance with this rule. 4. A reasonable fee shall be charged to reimburse Mason County for the cost of delivering copies of public records to a requestor, including the cost of packaging and postage or delivery service. 5. The public records officer may, at his or her discretion, send records to a private copy service for copying, in which case the fee shall be the actual charge imposed for copying, plus applicable taxes and shipping costs. 6. All required fees must be paid in advance of the release of the copies or an installment of copies, or in advance of when a deposit is required. Mason County will notify the requester of when payment is due. The County prefers not to receive cash. For cash payments, it is within the public records officer's discretion to determine the denomination of bills and coins that will be accepted. If paying by check. make the check payable to"Mason County Treasurer." 6-7. Pursuant to RCW 42.56.120(2)(b). Mason County is not calculating all actual costs for copying records because to do so would be unduly burdensome for the following reasons: (i)Mason County does not have the resources to conduct a study to determine all its actual copying costs; (ii)to conduct such a study would interfere with other essential agency functions: and(iii)through the 2017 legislative process the public and requesters have commented on and been informed of authorized fees and costs including for electronic records provided in RCW 42.56.120(2)(b)and(c). (3)and(4). r-8. The fee for searching for records, research, and/or providing a copy of a public record-is pursuant to the default fees in RCW 42.56.120(2)(b)and(c). Mason County will charge for customized services pursuant to RCW 42.56.120(3). Under RCW 42.56.130,the County may charge other copy fees authorized by statutes outside of chapter 42.56 RCW. Mason County may enter into an alternative fee agreement with a requester under RCW 42.56.120(4).The charges for copying methods used by Mason County are summarized in the fee schedule available on the County website at www.co.mason.wa.us aee. Where statue er GFd1RaRGe sets a fee, that fee ,vill h,--PhaFged. 9therwise,the f9IIG"'iRg fee sGhedL4!e shall apply- MASON COUNTY PUBLIC RECORDS POLICY 20122017 Page 6 of 10 8.5"by 14"or smaller black&white copies $0.15 per page Oversized or color copies $1.00 per page Greenbar computer printouts $1.00 per page All items sent to private copy service Actual charge Audio recordings or electronic records saved to a compact disc $5.00 for each compact disc Postage and boxes Actual charge Fax(8.5'by 11"only) $1.00 per page Envelopes $0.50 each NO 05 for every four Electronic records sent by e-mail electronic files or attachments. or$.10 Per gigabyte. Paper records converted to PDF $0.99-10per page 9-9. The public records officer may require a deposit in an amount not d of ten percent of the estimated GGst-feesef pFeYiding the requested publiG FeGeFds when the copying fees for an installment or an entire request or customized service charge, exceeds twenty-five dollars. If the public records officer responds to a request on a partial or installment basis,the requester shall be charged for each part or installment responding to the request. Fee waivers are not applicable to records provided in installments. No sales tax will be charged. 9-10. Failure to Pay: a. If a requestor fails to pay a deposit, if required,the public records request is deemed eempleteclosed without further action. b. If a requestor fails to pay for records provided,the requestor will be required to pay the outstanding obligation in full prior to any other records requests being entertained. 1. Protection of Public Records 1. The public records officer shall,to the extent practicable,ensure that records requested are not removed from the premises nor misplaced or misfiled by members of the public during inspections.Original records shall not be released to the public for the purpose of allowing the person making the request to make copies. 2. No public records shall be filed or retained at any location other than County property. Any public record that is prepared at an off-site location shall be promptly delivered to the County for filing. retained until the.equest is.eselyed I__ _ ____ _ Comment[MDS]:Moved toaecuon"N" o m 3. No of the public may remove an original document from any office The requester shall indicate which documents they wish to have copied. MASON COUNTY PUBLIC RECORDS POLICY 204-22017 Page 7 of 10 J. Searching Public Records—Backup and Security Copies 1. In order to prevent excessive interference with essential functions of the County,the County shall not search backup or security systems for copies of public records when the originals of such records have been identified, located and are available for inspection and/or copying. 2. Access to public records does not include access to County computer systems or terminals except for those terminals, if any, which may be specifically designated for public use. K. Review of denials of publiG reGordS Fequests.Administrative review of action by public records officer. 1. Any peFson who diSagFees with the denial of a request fOF a publir,FeGeFd may petition aGG9Mpanied the denial. FequesteF'S ad.MiAiStrat;Ve Fernedies shall RGt be deemed exhausted until the RFeseGWti ng AtteFney has Fflade a WFitten deeision, OF the Giese of the fifth business day fallowing the F pt of the..Witten . .int uh'nhe r t 36 The GawRty shall be deemed to have made a final deois on denying a request fGF publi 1. Any person who objects to the denial of a request for a public record,the closure of a public records request or the reasonable estimate of the charges to produce copies of public records may petition for prompt review of such action by tendering a written request for review to the County's Prosecuting Attorney or designee. The written request shall specifically refer to the written statement by the public records officer or other staff member which constituted or accompanied the action taken. 2. Immediately after receiving a written request for review of a decision of the public records officer, the Prosecuting Attorney or designee shall request a response from the public records officer or other person who responded to the request. The Prosecuting Attorney or designee will immediately consider the matter and either affirm or reverse such action within two business days following the receipt of the written request for review of the action. 3. Administrative remedies shall not be considered exhausted until the Prosecuting Attorney or designee has made a written decision or until the close of the second business day following receipt of the written request for review of the action of the public records officer, whichever occurs first. 4. For purposes of the public disclosure laws the action of the public records officer becomes final only after the review conducted under this section has been completed. No lawsuit to review the action taken, compel the production of a public record or MASON COUNTY PUBLIC RECORDS POLICY 20122017 Page 8 of 10 impose a penalty or attorney fees shall be brought before the administrative remedies set out in this section have been exhausted by the party seeking the record. L.Electronic Records Mason County produces and maintains electronic records to maximize efficiency in fulfilling its basic public service functions. Many electronic records are public records subject to disclosure under the Public Records Act. 1. At the option of the public records officer,electronic records may be printed and provided in paper format. If an electronic record is not capable of being printed in an understandable format,or if the requester prefers the electronic record in electronic format, then the electronic record will be provided in the native format in which the record is maintained by the County. 2. The public records officer does not have an obligation to convert an electronic record to a digital format that is different than the format maintained by the County. 3. If a requester seeks an electronic record in an electronic format that contains exempt information,the public records officer may redact the exempt information by creating a new electronic record without the exempt information, if it is the most cost effective way to produce the record. If the requester seeks an electronic record in its native electronic format that contains exempt information the requester may be responsible for the actual costs associated with customized access. 4. Paper records that are not available in electronic format may be converted to an electronic format by request. The requester will be responsible for applicable scanning fees. 5. In the event that a response to a request is too large to send in one file the records officer may use the Mason County storage website,also known as FTP,to transfer documents. If this method is used, instructions, including a login will be sent to the requestor.Once notice and instructions are delivered,there is a 15 business day window to access the documents before they are removed from the site. M.Index of Records Not Maintained For the reasons stated in Resolution 44-08, incorporated herein as�Exhibit B",MVlason_County_ __- comment[MDQ:Add.Wbi: finds that it would be unduly burdensome to maintain an index of records. N.Retention and Destruction of Public Records The Washington State Archivist has developed retention schedules for many categories of local government. Records of the County should be retained and destroyed consistent with the retention schedules.Copies of the retention schedules are available from Archives and Records Management of the Office of the Secreta�r r of State and online at hftps://www.sos.wa.gov/. If a public record request is made at a time when a record exists,but is scheduled for destruction in the near future.the Public Records Officer shall direct that the record be retained until the request is resolved. MASON COUNTY PUBLIC RECORDS POLICY 291-22017 Page 9 of 10 O.Other Considerations 1. "Public Record" means any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared owned, used or retained by the county regardless of physical form or characteristics. Records created or received by employees using privately owned devices only qualify as public record if the employee was acting within the scope of employment when the record was created or received or when the record is subsequently used for a County purpose. Mason County strongly discourages employees from using personal devices when conducting business. 2. A Public Records request only applies to records that exist at the time of the request. Requestors cannot make"standing'requests. 3. When the same requestor simultaneously submits multiple separate requests or makes one or more additional requests when previous requests are open staff may queue the requests in the order in which they were received. Staff is not required to work on an additional request until the initial requests are completed and closed. 4. Automatically generated(bot)requests received from the same requestor within a 24- hour period may also be denied if the requests cause excessive interference with the other essential functions of the County. 5. If a request is for all or substantially all records of an office or department of Mason County that is not relating to a particular topic the request can be denied. P.Training 1. Persuant to RCW 42.56.150 and 42.56.152 all members of governing bodies and public records officers must complete Public Records Act(PRA)training within 90 days of taking the oath of office or assuming duties.A refresher PRA training is also required every four years. 2. As of July 23 2017 PRA and records retention training for public record officers must include training on retention production and disclosure of electronic documents, including updating and improving technology information systems. 3. Mason County encourages all employees to obtain public records training. MASON COUNTY PUBLIC RECORDS POLICY 20122017 Page 10 of 10 RESOLUTION NO. AMENDS RESOLUTION NO. 43-08 MASON COUNTY PUBLIC RECORDS POLICY WHEREAS, Mason County is considered a public agency as defined in the Public Records Act, RCW 42.56 and; WHEREAS, the Mason County Board of County Commissioners adopted rules - and procedures for the County to implement the provisions of RCW 42.56 on April 1, 2008 and; WHEREAS, it is in the interest of the County to periodically review and update its policies and procedures. NOW, THEREFORE, the Mason County Board of County Commissioners hereby adopts the revised Mason County Public Records Policy as shown in Attachment A. APPROVED this day of A?t?a- . 2012. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON . ATTEST: n a Ring Erickso , Chair annon ud oy, oa of the rd -S -- APPROVED AS TO FORM: Tim Sheldon, Commissioner E;E3Y Tim Whitehead, Chief DPA Steve Bloomfield, C�dmmissioner RESOLUTION NO. AMENDING RESOLUTION 23-12 MASON COUNTY PUBLIC RECORDS POLICY WHEREAS, Mason County is considered a public agency as defined in the Public Records Act , RCW 42.56 and; WHEREAS, the Mason County Board of County Commissioners adopted rules and procedures for the County to implement the provisions of RCW 42.56 on April 1, 2008 with amendments per Resolution 23-12 made on April 3, 2012 and; WHEREAS, it is in the interest of the County to periodically review and update its policies and procedures . NOW, THEREFORE, BE IT RESOLVED, that the Board of County Commissioners of Mason County hereby adopts the revised Mason County Public Records Policy as shown in Attachment A. DATED this day of 2018. ATTEST: BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Melissa Drewry, Clerk of the Board Randy Neatherlin, Chair APPROVED AS TO FORM: Kevin Shutty, Commissioner Tim Whitehead, Chief DPA Terri Jeffreys, Commissioner MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: John Huestis, PE, Deputy Director/County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: March 13, 2018 Agenda Item # $, BRIEFING DATE: March 5, 2018 BRIEFING PRESENTED BY: John Huestis and Cyndi Ticknor [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Surplus ER&R Personal Property BACKGROUND: ER&R has vehicles and equipment that have been replaced or are no longer needed. The attached notice lists of all of these items requested to be declared surplus and disposed of at an auction through Washington State Surplus (vehicles) and Ritchie Bros. Auctioneers/Iron Planet (equipment). This process is pursuant to the County's comprehensive procedure for the management of County property (Ordinance 84-04, Mason County Code Chapter 3.40, Management and Disposition of Property) and the laws of the state of Washington. RECOMMENDED ACTION: Recommend the Board authorize ER&R to declare the attached list of vehicles and equipment as surplus and dispose of at the Washington State Surplus Sales and Ritchie Bros. Auctioneers/Iron Planet. Attachment: Notice MASON COUNTY ACTION ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: John Huestis, PE, Deputy Director/County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 DATE: March 13, 2018 Agenda Item # IC BRIEFING DATE: February 12, 2018 BRIEFING PRESENTED BY: John Huestis/Loretta Swanson [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Private Line Occupancy Permit— Hearing Background: Randy and Tabrina Feagins are applying for a Private Line Occupancy Permit to install an underground septic transport line and power under W. Nahwatzel Beach Drive. The property owners are remodeling the house located at 163 W. Nahwatzel Beach Drive (parcel number 52004-50-00014). As part of the project, the drainfield will be relocated across the street on tax parcel 52004-51-00001 in order to meet current design standards and setbacks. This parcel is owned by Terry and Jean James. The application fee of $200 has been paid to process the proposed Private Line Occupancy Permit. Additionally, an agreement has been executed between the two property owners regarding the installation of the on-site septic system. Recommended Action: Recommend the Board approve the Private Line Occupancy Permit granting permission to run a septic transport line and power under the Nahwatzel Beach Drive for parcel 52004-50-00014. Attachments: PLO Permit Vicinity Map Exhibit IN THE MATTER OF THE APPLICATION OF: Randy and Tabrina Feagins FOR A PRIVATE LINE UTILITY OCCUPANCY PERMIT TO CONSTRUCT, OPERATE, AND MAINTAIN Sleeved 2"inch Septic Transport line ALONG AND UNDER COUNTY ROAD No. 03930 ALSO KNOWN AS West Nahwatzel Beach Drive LOCATED IN MASON COUNTY,WASHINGTON Application of Mr. & Mrs. Randy Feag'ns , with principal residence located at 163 West Nahwatzel Beach Drive, Shelton, Wa, 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`B",having come on regularly for hearing before the County Commissioners of Mason County,Washington,on the day of ,201_,at the hour of ,under the provisions of RCW 36.55,RCW 80.32.010 and RCW 80.36.040, and it appearing to the Board that notice of said hearing has been duly given as required by law, and that it is in the public interest to allow the private line utility occupancy permit herein meted; 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. 1. 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 maybe 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): Septic Transport Line 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 countyproperty 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 2 property in the event that the road right of way will be disturbed by the Work; and G. Provision for ease of future road maintenance and appearance of the roadway. Provision shall be made for known or planned expansion of the utility facilities,particularly those located underground or attached to bridges or other structures within the road right-of-way. The location,alignment and depth of the utility facilities shall conform with said map of definite location, except in instances in which deviation may be allowed thereafter in writing by the County Engineer pursuant to application by 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 3 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, 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 rime-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. 1 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, 5 construction,maintenance,repair,or operation of Permittee's utility facilities in the road rights- 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 6 matters are referred to below as the"public work." 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. The County of Mason will accept liability for direct and actual damages to said Permittee that are 7 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 partof 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 ofroad vacation,and will continue to be the practice until such time the Board of Mason County Commissioners direct a change of practice. XI.FINANCIAL SECURITY A. Insurance It is intended that the following insurance requirements shall apply to the 8 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 perforins 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. 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 9 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. 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 11 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 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 any respect relieve the Permittee, or any of its successors in interest,of 12 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 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 13 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 tenninate 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. Pennittee 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 Pennittee'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.Remedies are 14 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 ofthis 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"B",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, 15 provided;however,that venue of such action is legally proper.. 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 fall 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 Pennittee'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(3 0)days' advance written notice of such change in address. Permittee: Mr. &Mrs. Randy Fea ins 163 W.Nahwatzel Beach Drive Shelton,Wa 98584 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. 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 17 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 Pennittee'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 Pen-nit 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 ,201_. AP70( ' ;'17 BOARD OF COMMISSIONERS MASON COUNTY,WASHINGTON Jo estis, E Co Engineer Randy Neatherlin, Chair Approved as to form: Terri Drexler, Commissioner Tim Whitehead,Ch.Deputy Prosecuting Attorney Kevin Shutty, Commissioner 19 EXHIBIT"A" ACCEPTANCE OF PERMIT Private Line Utility Occupancy Permit effective ,201_. I, am the of parcel(s) and I am the(Operator and)or(representative authorized to)accept Permit on behalf of I certify that this Permit and all terms and conditions thereof are accepted by without qualification or reservation and guarantee performance hereunder. I certify that,to the best of my 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 under Permit Exhibit`B". DATED thisp`0day of jgga 2019. PERMITTEE B 4� Y• Title: STATE OF- ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that personfwho appeared before me,and said person acknowledged that he/ signed t is instrument,on oath stated that he/she was authorized to execute the instrument and acknowledged it as the of the to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: `\\ QptTlE!✓C`/Z r Notary Public A/0), :A' Print Name My commission expires //.v7B• !� 0'° ?8:?019, ., ' I NGS�� A- 1 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 "B" MEMORANDUM OF PERMIT Grantor: COUNTY OF MASON, a legal subdivision of the state of Washington Grantee: Randy and Tabrina Feagins Legal Description of Benefited Property Legal Description: Track 14, in the Plat of Nahwatzel Beach, lying in Govt. Lot 7, Section 04, TWP. 20N., R5W,W.M. As recorded in Vol.5, Pg. 94-95 records of Mason County. Assessor's Tax Parcel ID#: 52004-51-00014 B-1 MEMORANDUM OF PRIVATE LINE UTILITY OCCUPANCY PERMIT THIS MEMORANDUM OF PERMIT is dated as of the_day of ,201_ between the County of Mason,a legal subdivision of the state of Washington("County")and (Permittee"). 1. Pro e . County has,pursuant to Private LineUtilityOccupancy 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 ,201_(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 B attached hereto(herein called the"Property"). The road right-of-way permit area("Permit Area")is also described in attached Exhibit B. 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 ,201_ C U OF ASON 7o uest' ,P Co ty Engineer Approved as to form: Tim Whitehead,Ch.Deputy Prosecuting Attorney B-2 PERMITTEE 704AAa By: _ 4 6 t— Title: STATE OF SS. COUNTY OF M � I certify that I know or have satisfactory evidence that j,�ND Xri. I�the person who appeared before me,and said person acknowledged that said person signed this instrument,on oath stated that said person was authorized to execute the instrument and acknowledged ownership of parcel(s) to be the free and voluntary act of such person/corporation for the uses and purposes mentioned in the instrument. Dated this&�day of _,2t)lg. , Dated: 115011S t! (Signature of Notary �,,,1>►►t11ltltt,,,,, � T1 J. 15TGc `��`�� P Pf T«✓�,`'%,�� (Legibly Print of Stamp Name of Notary) G° mrss10 niJ,�� Notary public in and for the state of residing at (0-10 Yl'l tl x _ ltd My appointment expires /Z 2.4> -2019 ��i,� �•'•�14, !``rte B-3 VICINITY MAP I February `� � tr +H `r ¢ � '1I'" ,�'7`�Yr�a!'.?` '.; r .,. ..� "r,.�.,� Mme' ♦ ,, �X st s• �"�• - '�'�, aft � 'f'' .J�.,, ti r..<:rn+.��►r�,.�,�`' � +,i,�•,tti{i�•�,.p�'�',y��F. � '7F:;' �' ,� �.rj.I'i• -.�" •lam`^.-r-' ',e/ Y°` �.�' Location of utility crossing tSs. rix �.-.� � w� i•..-��1�� _•'�7P S.•: \ P. il. P •+L,T .1 �i^ r r yivt r►J -'ti �A�'E�lli�� '} + ri.."'.,. `�.1.aw.�-1�' '!' �1a �')•,A -!'��;,�T v '� r* "°�,d'"•�'�'.+- .�+'�!'.df'1,•�- ..J�y�'� gyp►^Jr s. At r;. R' •f r M +/ as+'1"`f (• y s ;+^ �i 'M!A, strtT*.•. +` 1t.*,�,.bs ��,.�`.r vy77 4�''� .�'s"y T. _y'„>f y.'• ..., rl�. 4 f...�•:� R. � i,/+ '.•.'i��.{ .1l/r � 'r'}-T'•.✓�•�'�•Notip *my.�,7F ?, '/�;�v t•'(�_!'f"' �i•- tr ap '�;Jy � :� `' f„ '�� i7•+�V .''`, +r�:. �. -- Lti�;l:�v'►�.r-�i�T"�;�i�'��r, ,�j�,�,T �t .• �r e � ` JL, �? ��i�F-,ry,. �'��y gyp, �t-ice. .w. '- ...+.-�/°�'� �jy .v.v��•^G•h. ✓c, �••' ��DD«" F. J r - / /`` _ ;• ! „^� raF+�°.''4�r _ *'F.y..r /�+"' .ar. yr.f• 'v'y.�,'tx . I•'a' x T. j�J 1 , - s r= ^' ` rfi7',r#' s �i' 4' it ri• -+�„�J ,*} t� �ll� ,,.. 1i Y.•�:w �jMA.�.k„y, ,r' ^� 1 �r�s,A'S.� •'.. '1' �- .f"' .�•R}E'��'��`•��,� ..r'�r' !r`�' yrs" v •'�'� ari<` �'.•. .� �.-r .r.!!:,;f�l'>tir T',-y.-♦-w :T � �p�Y' W Nawhatzel Beach Drive `; •' . �I1! �� kkt., r ,may��+ j� a. :,� ''f r a �a t r ..} r t►`+"9'�� W Shelton-Matlock Mason County Private Line Occupancy Permit 1 163 W Nawhatzel Beach DHve]&�' • - 'a •��7��.�pp��',�, ..a V� WWlow "Tm i ip ?rat • f New Septic Trcnsport Line