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Home My WebLink About2018/03/19 - Briefing Packet BOARD OF MASON COUNTY COMMISSIONERS DRAFT BRIEFING MEETING AGENDA 411 North Fifth Street, Shelton WA 98584 Week of March 19, 2018 Monday, March 19, 2018 Commission Chambers 9:00 A.M. Executive Session — RCW 42.30.110 (1)(i) - Litigation 9:30 A.M. Executive Session — RCW 42.30.110 (1)(i) - Litigation 10:00 A.M. Support Services — Frank Pinter 10:45 A.M. BREAK 11:00 A.M. Community Services — Dave Windom 11:30 A.M. Public Works — Jerry Hauth Utilities & Waste Management Commissioner Discussion — as needed BREAK— NOON 2:00 P.M. Mason County Economic Development Council Tuesday, March 20, 2018 NOON SPECIAL JOINT MEETING Squaxin Island Tribal Council Little Creek Casino Squi-Aitl Room 91 West State Route 108, Shelton, WA 98584 Briefing Agendas are subject to change,please contact the Commissioners'office for the most recent version. Last printed 03/15/18 at 10:57 AM If special accommodations are needed,contact the Commissioners'office at ext.419,Shelton#360-427-9670;Belfair #275-4467,Elma#482-5269. MASON COUNTY COMMISSIONER BRIEFING INFORMATION FOR WEEK OF March 19, 2018 In the spirit of public information and inclusion, the attached is a draft of information for Commissioner consideration and discussion at the above briefing. This information is subject to change, additions and/or deletion and is not all inclusive of what will be presented to the Commissioners. We have changed the packet format so that it is an interactive document. Please click on the agenda item which then takes you to the cover sheet of that section in the document. To get back to the agenda, hit your "home" key on the keyboard. Please see draft briefing agenda for schedule. CO c. I85� Budget Management Mason County Support Services Department �pt1 cpo-�"' " 411 North 5 th Street Commissioner Administration Shelton WA 98584 Emergency Management ` Facilities, Parks&Trails 360.427.9670 ext. 419 Human Resources Information Services Labor Relations I,k4 Risk Management MASON COUNTY COMMISSIONER BRIEFING ITEMS FROM SUPPORT SERVICES March 19, 2018 • Specific Items for Review o Jacquelin Earley and Derek Epps are up for reappointment to the PacMtn Board —ok to place on agenda?-Diane o Mel Chev Building lease agreement extension —Ross o Indemnification for Longshore lawsuit—Dawn o Update of Risk Pool resolution —Dawn o Permission for Frank Pinter to sign the Temporary Permit to Enter forms (as property owner) from the City of Shelton for the City's project in the downtown Shelton area - Frank o February Financial Statements—Frank o Update on County parking situation due to City of Shelton's Alder Street project—Frank o School Resource Officer proposal —Frank o Status of Public Works property subdivision —Frank o Green Diamond Recreation Park on Mason Lake—Frank • Commissioner Discussion J:\DLZ\Briefing Items\2018\2018-03-19.docx C�c�- V--' Attachment B MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Ross McDowell DEPARTMENT: Facilities EXT: 806 BRIEFING DATE: 03/19/2018 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEM: Addendum of the Rental Agreement for the Mell Chev Building for Facilities, Sheriff's Office Evidence and Mason County SAR. EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): In April of 2015 Mason County entered into an agreement with Elizabeth Mell for the building lease of the Mell Chev building (305 South 1t Street, Shelton) for a term of three years with the option to extend for 5 years with a cost escalator not to exceed 10%. Mason County Support Services would like to utilize that option to secure another 5 year lease with Elizabeth Mell for the Mell Chev building. Through conversations with Elizabeth Mell she has agreed to extend the 5lease for 5 years under the following conditions: Elizabeth Mell proposed the following cost escalator; yearly increase of 5% starting on May 1, 2019 (proposed increase will be $100 per month/per year). 2019 = $1900 per month 2020 = $2000 per month 2021 = $2100 per month 2022 = $2200 per month 2023 = $2300 per month Elizabeth Mell also proposed that the rest of the Lease Agreement remain as originally stated with an additional 5 year option to renew with the same conditions and cost escalator not to exceed 10%. BUDGET IMPACTS: The 5 year ease of the Mell Chev building for Facilitates, Sheriff's Office evidence and Mason County SAR will have a budget impact would be increase of $1,200 per year throughout the length of the lease ending in 2023. Briefing Summary 3/14/2018 Attachment B RECOMMENDED OR REQUESTED ACTION: Mason County Support Services recommends that we enter into this Addendum of the Rental Agreement for the Mell Chev Building to extend our lease from May 1, 2018 to through May 1, 2024. ATTACHMENTS: 1. Building Lease Agreement, Elizabeth Mell, LLC and Mason County 2. E-mail Correspondence between Ross McDowell, Mason County Facilities Manager and Elizabeth Mell, owner Mell Chev Building (dated February 20, 2018 and March 6, 2018) Briefing Summary 3/14/2018 BUILDING LEASE AGREEMENT p THIS LEASE dated for reference purposes only,the_I� aay of /l�1 2015 is made by and between Elisabeth MelL LLC (hereinafter called"LESSOR")and Mason County(hereinafter called"LESSEE"). WITNESSETH FOR AND IN CONSIDERATION OF THE mutual promises,covenants and conditions hereinafter set forth,the parties agree as follows: PREMISES 1. Lessor does hereby lease to Lessee,subject to the terms and conditions hereinafter set forth,those certain premises being approximately 18.000 square feet of space as outlined in Exhibit'S"attached hereto(hereinafter called"PREMISES'),which leased Premises are situated upon Iand described in Exhibit"A"attached hereto,more commonly known as KNEELANDS ADD BLK:H TRS 1.2&8 Address: 305 S.1'r Street,Shelton.WA.98584. TERM �- 2. A.The term of this Lease shall be for Three (3)Years and ( 0)Months commencing the 1" day of 2015 •or as soon thereafter as the Premises may be ready for occupancy,and shall end on the day of . 2018 ,unless sooner terminated pursuant to any of the provisions of this Lease. B.QRtfim to Extend Subject to the provisions of this Lease,the Lessor hereby grants to the Lessee an option to renew this Lease for an additional Five(5)year extension with a cost escalator not to exceed 10%annually,subject to terms,conditions and rental then agreeable to Lessor and Lessee. 2.2 Delay in Commencement Notwithstanding said Commencement Date:If for any reason Lessor carrot deliver possession of the Premises to Lessee on said date,Lessor shall not be subject to any liability therefore,nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder.In such case,the date of commencement and termination of the Lease,as set forth above,shall be extended a period of time equal to the period of any delay in delivery of possession of the Premises;provided that the termination date shall he further extended for the additional number of days required,if any,to have the lease term expire on the last day of a calendar month.The Lessee shall not be obligated to pay rent until possession of the Premises is tendered to Lessee,provided,however,that if Lessor shall not have delivered possession of the Premises within ninety(90)days from said Commencement Date,Lessee may,at Lessee's option,by notice in writing to Lessor within ten(10)days thereafter,cancel this Lease,in which event the parties shall be discharged from all obligations hereunder.If Lessee occupies the Premises prior to said Commencement Date,such occupancy shall be subject to all provisions hereof. 2.3 Lessee and the Lessor agree to a(3)three year lease commitment by both parties.The Lessor agrees to not sell the property during the lessee's entire lease period RENT AND PAYN=S 3.Lessee covenants and agrees to pay Lessor at the office of Lessor, Heritage Bank—Shelton.WA or to such other parties or at such other places as Lessor may hereinafter designate in writing to lessee,without offsets or deductions,as the base rent sum of One Thousand.Five Hundred and No/100 Dollars 1,500.00)per month for the first twelve months after which time the rent will be raised to One thousand eight hundred and No/100 (1.800.001 Dollars Mer month for the second twenty-four months,which said amount is payable in advance on the first(1st)day of each and every month during the term hereof.Said monthly rental is to be payable in lawful money of the United States of America.See page 7#36 ADDITIONAL PROVISIONS LEASE PAYMENTS Should,for any reason,the term of this Lease commence on any date other than the first(1st)day of the month,the base rent for the first fraction of a month of the term hereof shall be payable in advance on the first(1st)day of the term hereof;and shall be prorated in proportion to the number of days of such.fractional month included in the term of the Lease. Except as otherwise expressly herein provided,should the tenant fail to make any installment of rent or pay any other sum due Lessor hereunder,within ten(10)days after such amount is due,Lessee shall also pay to Lessor as additional rent,a late charge equal to five per cent(5016)of each such installment. SECURITY DEPOSIT 4. Lessee shall deposit with Lessor upon execution hereof; N/A Dollars(SN/A)as security for Lessee's faithful performance of Lessee's obligations hereunder.If Lessee fails to pay rent or other charges due hereunder,or otherwise defaults with respect to any provision of this Lease,Lessor may use,apply or retain all or any portion of said deposit for time payment of any rent or other charge in default;or for the payment of any other sum to which Lessor may become obligated by reason of Lessee's default;or to compensate Iessor for any loss or damage which Lessor shall,within ten (10)days after written demand therefore,deposit cash with Lessor in an amount sufficient to restore said deposit to the full amount hereinabove stated;and Lessee's failure to do so shall be a material breach of this Lease.Lessor shall not be required to keep, said deposit separate from its general accounts. If Lessee performs all of Lessee's obligations berermder,said deposit,or so much thorough as has not theretofore been applied by Lessor,shall be returned without payment of other increment for its use to Lessee(or,at Lessor's option,to the last assignee of any of Lessee's interest hereunder)at the expiration of time term hereof and after Lessee has vacated the Premises.Not trust relationship is created herein between lessor and Lessee with respect to said Security Deposit COMMON AREAS 5. Common areas include parking areas,entrances and exits thereto,driveways and truck serviceways,sidewalks, and other areas and facilities provided for the common or joint use and benefit of occupants,their employees,agents, BUILDING LEASE AGREEMENT PAGE2 customers and invitees,except as provided in section 6 below.Lessor shall,during the term of this Lease,maintain all of the areas designated as"common areas'in such a manner and at such a cost as the Lessor in his sole judgment may reasonable determine.Lessor reserves the right,from time to time,to reasonable alter said common area and to exercise control and management of the common areas and to establish,modify,change and enforce such reasonable rules and regulations as Lessor in its discretion may deem.desirable. Lessee agrees to abide by and conform to such rules and regulations and shall be responsible for the compliance with same by its employees,agents,customers and invitees.The failure of Lessor to enforce any such rules and regulations against Lessee or any other tenant shall not be deemed to be a waiver of same. Lessor shall have the right to close all or any portion of the common areas at such times and for such periods as may,in the opinion of Lessor,be necessary to prevent a dedication thereof or to preserve the status thereof as private property, or to prevent the accrual of any rights in any person; and Lessor may also close said common areas for purposes of maintenance and repair as may be required from time to time. MAINTENANCE AND REPAIRS 6. The premises,including all fixtures and appurtenances,have been inspected and are accepted by Lessee in their present condition.Lessee will permit no waste,damage,or injury to these premises.Lessee shall maintain and keep in good repair the leased premises;including,but not limited to all walls or windows(which exterior surface Lessee will maintain;and Lessee shall maintain and keep in good repair all damage caused by reason of Lessee's failure to keep free and open any pipes and plumbing on said premises. Lessee shall be liable for the removal of snow and ice from the root sidewalks immediately in front of said premises.Said premises shall at all times be kept and used in accordance with all direction,rules and regulations of the health officers,fire marshal,building inspectors,and other proper officials all at the sole cost and expense of the Lessee. The Lessee shall be allowed to make improvements to the interior of the building for the Lessee's specific usage providing the Lessee returns the building to its original condition at the conclusion of the lease term. The premises have been inspected and are accepted by the Lessee in their present condition and the Lessee will at all times keep the premises neat and clean and in a sanitary condition and will maintain the interior of the premises in good order and repair at all times.The Lessor shall be responsible for the building structivally and for the maintenance and repair of the building exterior.The Lessee shall be responsible for all glass and glazing.Unless otherwise agreed in writing all trade fixhres shall remain with the building and become the property of the Lessor. The Lessor agrees to cover costs of any environmental mitigation associated with the use of the building prior to occupancy by the lessee. UTILITIES AND TAXES 7. The Lessee Covenants and agrees to pay for utilities for electricity,natural urs.water/sewer, and re uuIIar gar-ba-me service. A. Lessee is to pay for all other public utilities not specifically stated herein which shall be used in,or charged against,the leased premises as a result of Lessee's occupancy during the term of tbis Lease.Lessor shall not be liable for any injury or damages suffered as a result of the interruption of these utilities services by fire or other casualty,strike, riot,vandalism,the making of necessary repairs or improvements,or any other cause beyond Lessor's control B. Should there presently be in effect,or should there be enacted during the term of this Lease any law,statute,or ordinance levying any tax other than Federal,State or city income taxes directly in whole or in part upon rents or the income from real estate or rental property,or increasing any such tax,Lessee and Lessor will negotiate payment of any additional rent at that time. EXAMINATION OF PREMISES 8. Lessee shall examine the Premises before taking possession hereunder and such taking of possession shall be conclusive evidence that Lessee has accepted the Premises in good order and satisfactory condition. NATURE OF USE 9. Lessee shall use time Premises only for County Services. and any other use as Lessor may approve in writing shall comply with all applicable laws,ordinances,and governmental or municipal regulations and orders,and shall not occupy or use the Premises for any purpose not specially authorized by the Lease,and shall not make or permit any use of the Premises which may be dangerous to life,limb or property or which increases time premium cost or invalidates any policy of insurance covering or carried on time Premises,the building or its contents.Lessee shall not(a)permit any auction,fire,closing-out or bankruptcy sale in or about the Premises,(b)obstruct the sidewalks or common areas or use them for business or display purposes,(c)abuse time Premises or common area in any manner,(d)make or permit any noise or odor to exit from the Premises which is objectionable to the public,to other occupants of time Building,or to Lessor,(e)create,maintain or permit a nuisance thereon,(f)place or permit loudspeakers,or sound amplifiers or any phonograph or similar device on the roof or outside of time Building or at any place where it may be seen or heard outside of the Premises. ALTERATIONS. 10. Lessee will make no alterations in,or additions to,time leased Premises without first obtaining the written consent of time Lessor. Lessor may impose such reasonable conditions on its consent as Lessor deems appropriate in time performance of such work Lessee agrees to save Lessor harmless from any damage,loss or expense and to comply with all laws, ordinances,rules and regulations of any proper public authority.Upon termination of this Lease,such BUILDING LEASE AGREEMENT PAGE alterations,additions and improvements made in,to,or on the Premises(except unattached moveable business fixtures) shall remain upon and be surrendered as a part of time Premises;provided,however,that upon Lessor's request,Lessee shall promptly remove such additions,alterations,or improvements and restore the Premises to its original condition at Lessee's sole cost and expense. ACCIDENTS AND INDEMNITY 11. All persons on the said Leased Premises shall be at the risk of Lessee.Lessor shall not be liable to Lessee for any damage to persons or property resulting form the carelessness,negligence or improper conduct on the part of a co- tenant or anyone other than Lessor,nor will Lessor be liable for any damage,theft or injury to persons or property sustained by Lessee or others in and about the Leased Premises whether or not resulting from aiy conditions of the Premises or the Buildings and/or common area of which the Premises are a part or other cause;including,but not limited to,damage by water,fire,or explosion not resulting from time negligence of Lessor,Lessee shall give Lessor prompt notice of any defects in the Premises to be remedied by Lessor,and Lessee agrees to defend and hold harmless Lessor from any claim,action and/or judgment for injury or damage to persons or property arising from Lessee's use of the Premises,or the conduct of Lessee's business or from any activity,work or things done,permitted or suffered by the Lessee in or about the Premises,unless caused solely by Lessor's negligence. PROPERTY TAX 12. The Lessor shall pay the real property taxes assessed against the land and buildings of which the leased premises form a part Lessee shall be responsible for any tax on his personal property located on the leased premises. LESSEE'S INSURANCE REQUIREMENTS AND LESSOR'S INSURANCE REQUIREMENTS 13. Lessee,at its sole expense,shall procure and maintain in full force and effect,general comprehensive public liability insurance in responsible companies qualified to do business in the State of Washington,which shall insure Lessee and his agents and employees against all claims for injuries or death to persons occurring in or about the leased premises in the amount of at least$1 ' 'on for any one person and in the amount of$2—NEigzL_for any one occurrence,and against all claims for damages of loss of property occurring in or about the leased premises in the amount of$1 Million or such other amounts as Lessor shall deem necessary,based on periodic insurance reviews,in respect to injury or damage to persons or property. Lessee agrees to furnish Lessor with policies or certificates of such insurance,naming Elisabeth Mell,LLC as an additional insured Each such policy shall be noncancelable without at least ten(10)days written notice to Lessor. Lessor agrees to provide firs insurance in reasonable amounts on the building only,not contents. Lessee covenants and agrees that it will not do or permit anything to be done on the leased premises during the term hereof which will increase the rate of Lessor's insurance on the building which the leased premises form a part,above the minignmm rate which would be applicable in such premises for the Lessee's type of business;and Lessee agrees that in the event it shall cause such an increase in the rate of insurance,it will,upon request by Lessor promptly pay to the Lessor,as additional rental,any increase in premiums resulting therefrom. DAMAGE OR DESTRUCTION 14. Subject to the provisions of this Paragraph 14,if the Premises are damaged and such damage was caused by a fire or other casualty included within the classification of casualty as defined in a standard fire and extended coverage real property insurance policy, Lessor shall, at Lessor's expense,repair such damage,but not Lessee's fixtures or equipment and this lease shall continue in full force and effect Provided, however, in the event the Premises are damaged to such an extent to render the same umtenantable in whole or in a substantial part thereof or destroyed,it shall be optional with the Lessor to repair or rebuild the same,and after the happening of any such event,the Lessee shall give Lessor immediate written notice thereof Lessor shall have not more than thirty(30)days after notification to notify the Lessee in writing of Lessor's intention to repair or rebuild said Leased Premises,or the part so damaged as aforesaid,but not Lessee's fixtures or requirement,and if Lessor elects to repair or rebuild said Premises,Lessor shall prosecute the work of such repairing or rebuilding without unnecessary delay,and during such period the rent of said Premises shall be abated in the same ratio that that portion of the Premises rendered for the time being unfit for occupancy shall bear to the whole of the Leased Premises.If the Lessor shall fail to give the notice aforesaid,Lessee shall have the right to declare this Lease terminated by written notice waived upon the Lessor.In the event the building in which Premises hereby leased are located shall be damaged(even though the premises thereby leased shall not be damaged thereby)to such an extent that in the opinion of Lessor it shall not be practicable to repair or rebuild,or is destroyed,then it shall be optional with Lessor to terminate this lease by written notice served on Lessee within ninety(90)days after such damage or destruction. If Lessor becomes obligated to repair or reconstruct the Demised Premises or the building as set forth above, Lessor shall be relieved of such obligation and Lessor may terminate the Lease if Lessor is unable to obtain the necessary labor or materials, or if Lessor is unable to perform such obligation due to any cause beyond its control, including,but not limited to,strikes,lockouts and labor disturbances,acts of civil or military authorities,restrictions by municipal authorities,restrictions by municipal ordinances or federal or state statutes amid military activity. If Lessor shall be obligated to repair or restore the Premises under the provisions of this Paragraph 14,and shall not commence such repair or restoration within(90) days atter such obligation shall accrue, Lessee may,at Lessee's option,cancel and terminate this Lease by giving Lessor written notice of Lessees election to do so at any time prior to the commencement of such repair or restoration,in such event,this Lease shall terminate as of the dame of such notice. BUILDING LEASE AGREEMENT PAGE 4 Upon termination of this Lease pursuant to this Paragraph 14, an equitable adjustment shall be made concerning advance rent and any advance payments made by Lessee or Lessor.Lessor shall,in addition,return to Lessee so much of Lessee's security deposit as has not theretofore been applied by Lessor. EMINENT DOMAIN 15. If the whole of the Premises shall be taken by any public authority under the power of Eminent Domain,or purchased by the condemnor in lieu thereof;than the term of this Lease shall cease as of the date possession is taken by such public authority.If only a part of the Premises shall be so taken,the Lease shall terminate only as to the portion taken and shall continue in full force and effect as to the remainder of said Premises,and the minimum rent shall be reduced proportionately;provided, however if time remainder of the Premises cannot be made tenantable for the purposes for which Lessee has been using the Premises or if more than twenty-five(25%)of the rentable square footage of the Premises shall be so taken as to render,in Lessor's sole opinion,the termination of this Lease beneficial to the remaining portion of the property described in Exhibit"A",Lessor shall have the right within sixty(60)days of said taking,at its option,to terminate this Lease upon thirty(30)days written notice to Lessee,in the event of any such taking,whether whole or partial,Lessor shall be entitled to any and all awards,settlements,or compensation which may be given for the land and buildings.Lessee shall have no claim against Lessor for the value of any unexpired term of this Lease. TRASH AND GARBAGE 16. Lessee shall place all trash and garbage in such areas and containers and in such manner prescribed by Lessor. Lessee shall not burn any trash and garbage in or about the Buildings. EXTERIOR SIGNS 17. The design and plan for installation of all signs on or exposed to the exterior of the Buildings or exterior of the Premises shall be in conformity with other signs within the property described in Exhibit"A"and shall be subject to the written approval of Lessor before installation,and all such signs are to be in accordance with all Iaws and regulations pertaining thereto. ASSIGNMENT AND SUBLETTING 18.1 Lessor's Consent Required: Lessee shall not vohmtarily or by operation of law assign,transfer,mortgage, sublet or otherwise transfer or encumber all or any part of Lessee's interest in this Lease or in the Premises,without Lessor's prior written consent,which Lessor shall not unreasonable withhold. Any attempted assignment,transfer, mortgage,encumbrance or subletting without such consent shall be void,and shall constitute a breach of the Lease. 182 Lease Affiliate:Notwithstanding the provisions of Paragraph 18.1 hereof Lessee may assign or sublet the Premises,or any portion thereof without Lessor's consent,to any Corporation which controls,is controlled by or is under common control with Lessee,or to any Corporation resulting from the merger or consolidation with Lessee,or to any person or entity which acquires all the assets of Lessee as a going concern of time business that is being conducted on the Premises;provided that said Assignment assumes,in full,the obligations of Lessee under this Lease.Any such assignment shall not,in any way affect or limit the ability of Lessee under the terms of this Lease even after such assignment of subletting. 18.3 No Release of Lessee:Regardless of Lessor's consent,no subletting or assignment shall release Lessee of Lessee's obligation or alter the primary liability of Lessee to pay the rent and to perform all other obligations to be performed by Lessee hereunder.The acceptance of rent by Lessor from another person shall not be deemed to be a waiver by consent to any subsequent assignment or subletting. LESSOR'S RESERVATIONS 19. Lessor reserves the right, without liability to Lessee, to enter the Premises at reasonable hours to make inspections,repairs,alterations,or additions to the Premises or to the Buildings,to exhibit the Premises to prospective tenants,purchasers or others,to display during the last ninety(90)days of the term,"For Rent'and similar signs on windows or elsewhere in or on the Premises,to change the name of the Building or street address and to perform any acts related to the safety,protection,preservation,re-letting,sale or improvement of the Premises or of the Buildings. Lessor and Lessor's Contract Manager,workmen and engineers may retain and use a pass-key to the Leased Premises to enable them to examine the Demised Premises from time to time with reference to any emergencies or other general maintenance ofthe Leased Premises. BREACH 20. If Lessee fails to keep or perform any of the covenants and agreements herein contained,them the same shall constitute a breach hereof,and if Lessee has not remedied such breach within ten(10)days after written notice thereof from Lessor,if the breach is nonpayment of rent,or within(20)days atter written notice thereof in the event of the breach of any covenant,then Lessor may,at its option,without further notice of demand: (A) Cure each breach for the account and at the expense of Lessee and such expense shall be deemed additional rent due on the first of the following month,or (B) Re-enter the Premises, remove all persons therefrom, take possession of the Premises and remove all equipment,fixtures and personal property therein at Lessee's risk and expense,and(i)terminates this Lease,or(ii) BUILDING LEASE AGREEMENT PAGES without terminating the Lease or in any way affecting the rights and remedies of Lessor or the obligations of Lessee,re- let the whole or any part of the Premises,as agent for Lessee,upon such terms and conditions and for such tern as Lessor may deem advisable,in which event the rents received shall first be applied to the costs and expenses or re- letting,including necessary renovation and alteration and any real estate commission incurred,and the balance of such rent shall be applied towards payment of all sums due or to become due to Lessor hereunder,and Lessee shall pay to Lessor monthly any deficiency;however,Lessor shall not be required to pay any excess to Lessee. The failure of Lessor to terminate this Lease at any time for the breach of any of the terms hereof shall be deemed only an induJZence by lessor, and shall not be construed to be a waiver of the rights of Lessor as to any continued or subsequent breach.Other remedies for nonpayment notwithstanding,if any amount due from lessee is not received by Lessor on or before the tenth(10)day following the date upon which such amount is due and payable,a late charge of five per cent(5%)of said amount owed shall became due and payable,which late charge Lessor and Lessee agree represents a fair and reasonable estimate of time processing and accounting costs that Lessor will incur by reason of an annual percentage rate of twelve percent(12%)from the date due or date of invoice,whichever is earlier,until paid.The above remedies are cumulative and in addition to any other remedies now or hereafter allowed by law or elsewhere provided for in this Lease. REMOVAL OF PROPERTY 21. Any goods or fixtures of Lessee removed by Lessor in accordance with Paragraph 20(B)above may be stored by lessor at the cost and expense of Lessee and at the sole risk of Lessee and without any further responsibility on the part of lessor,and Lessor may,without removing said good or fixtures or after removing said goods and fixtures,at the sole discretion of Lessor,without obligation to do so and with thirty(30)days notice to lessee,sell or dispose of the same at public or private sale for the accoum of Lessee,in which event the proceeds therefrom may be applied by lessor upon any indebtedness due from Lessee to Lessor_ Lessee hereby waives all claims for damages that may be caused by lessor re-entering and taking possession of the Premises and removing or disposing of said good and fixtures as herein provided- COST'S rovidedCOSTS AND ATTORNEY'S FEES 22. If by reason of any default on the part of Lessee,it becomes necessary for the Lessor to employ an attorney or in case Lessor shall bring suit to recover any rent due hereunder,or for breach of any provision of this Lease or to recover possession of the Leased Premises,or if Lessee shall bring any action for any relief against Lessor,declaratory or otherwise,arising out of this Lease,the prevailing party shall have and recover against the other party,in addition to time cost allowed by law,such sum as the court may adjudge to be a reasonable attomey's fee.In the event time Lessee defaults in the payment of rental,the Lessee agrees to pay for the cost of any collection agency,or attorney,employed by the Lessor. QUIET ENJOYMENT 23. Lessor warrants that it has full right to execute and to perform the Lease and to grant the estate demised herein, and that upon payment by time Lessee of the rents herein provided,and upon the observance and performance of all the covenants,terms and conditions on Lessee's part to be observed and demised without hindrance or interruption by Lessor or any other persons lawfully or equitable claiming by through or under the Lessor,subject nevertheless,to the terms and conditions of this Lease. LIENS AND INSOLVENCY 24. Lessee shall keep the Premises free from any liens arising out of any work performed for,materials famished to,or obligations incurred by Lessee,and shall hold Lessor harmless against the same.If Lessee files a petition in bankruptcy or insolvency or for r&-organization under any bankruptcy act or shall be declared insolvent or bankrupt,or �- if any assignment of Lessee's property shall be made for the benefit of the creditors or otherwise, or if Lessee's leasehold interest herein shall be levied upon under execution,or seized by virtue of any writ of any court of law,or a trustee in bankruptcy,or a receiver by appointed for the property of Lessee,whether under operation of the State or the Federal Statutes,then Lessor may,at its option,immediately,without notice(notice being expressly waived),terminate this Lease and immediately take possession of said Premises.Such taking of possession shall not,however,terminate the continuing obligations of Lessee,including payment of rent SURRENDER OF POSSESSION 25. Lessee shall,upon time termination of this Lease or of Lessee's right to possession,remove from the Premises all of Lessee's fimmiture,trade fixtures, and other unattached personal property,and such alterations, additions or improvements required by Lessor to be removed pursuant to Paragraph 11 above,and shall repair or pay for all damage to the Premises caused by such removal.All such property remaining and every interest of Lessee in time same shall be conclusively presumed to have been conveyed by Lessee to Lessor under this Lease as a bill of sale, without compensation, allowance, or credit to Lessee. Lessee shall, upon termination of this lease or of Lessee's right of possession,deliver all keys to Lessor and peacefully quit and surrender tree Premises and all equipment and fixtures comprising a part thereof notice,neat and clean,and in as good condition as when Lessee took possession,except for reasonable wear and bear. HOLDING OVER 26. If Lessee,with time implied or express consent of Lessor,shall hold over the expiration of the term of this Lease,Lessee shall remain bound by all of the covenants and agreements herein,except that:(i)the tenancy shall be from month to month,and(mi)the minimum monthly rent to be paid by Lessee shall be the same rate of rental as set forth BUILDING LEASE AGREEMENT PAGE herein unless a different rate is agreed upon. SUBROGATION WAIVER 27. Lessor and Lessee each herewith and hereby release and relieve the other and waives its entire right of recovery against the other for loss or damage arising out of or incident to the perils of fire,explosion or any other perils described in the"Extended Coverage"insurance endorsement approved for use in the State of Washington which occurs in,on,or about the Premises,whether due to the negligence of either party,their agents,employees or otherwise. OFFSET STATEMENT 28. Lessee shall, at any time upon not less than ten (10) day's prior written notice from Landlord, execute, acknowledge and deliver to Lessor,a statement in writing(a)cer fying that this Lease is unmodified and in full force and effect(or,if modified,stating the nature of such modification and certifying that this Lease,as so modified is is full force and effect),and the date to which the rental and other charges are paid in advance,if any,(b)acknowledging that there are not,to Lessee's knowledge,any uncured defaults on the part of the Lessor hereunder,or specifying such defaults if any are claimed.Any such statement may be relied upon by any prospective purchaser or encumbrance of all or any portion,of the real property of which the Premises are a part. DEFAULT BY LESSOR 29. Lessor shall not be in default unless Lessor fails to perform its obligations within thirty(30)days after notice by Lessee specifying wherein Lessor has failed to perform;provided,that if the nature of Lessor's obligation is such that more than thirty(30)days of Lessee's notice and thereafter completes Lessor's performance within a reasonable time. SALE OF PREMISES BY LESSOR 30. In the event of any sale of the property described in Exhibit"A",Lessor shall be and is hereby relieved of all liability under any and all of its covenants and obligations contained in or derived from this Lease arising out of any A occurrence or omission occurring after the consummation of such sale;and the purchaser,at such sale or any subsequent sale of Premises,shall be deemed,without any fiuther agreement between the parties or their successors in interest or between the parties and any such purchaser,to have assumed and agreed to carry out and all of the covenants and obligations of the Lessor under this Iease. NOTICE 31. Any notice required to be given by either party to the other pursuant to the provisions of this Lease or any law, present or future,shall be in writing and shall be deemed to have been duly given or sent if either delivered personally or deposited in the United States mail,postage prepaid,registered or certified,return receipt requested,addressed to the Lessor at the address set forth on page 1 of this Lease,except that,upon Lessee's taking possession of the Leased Premises,the Premises shall constitute Lessee's address for notice purposes,or to such other address as either party may designate to the other in writing from time to time. ENTIRE AGREEMENT 32. It is expressly understood and agreed by Lessor and Lessee that there are no promises,agreements.conditions, uadmstaudings,inducements,warranties,or representations,oral or written,expressed or implied,between them other than as herein set forth and that this Lease shall not be modified in any manner except by and instrument in writing and executed by time parties. BINDING ON HEIRS,SUCCESSORS AND ASSIGNS 33. The covenants and agreements of this Lease shall be binding upon the heirs, executors, administrators, successors and assigns of both parties hereto,except as hereinabove provided. NON-WAIVER OF BREACH 34. The failure of either party to insist on strict performance of any covenant or condition hereof or to exercise any option herein contained,shall not be construed as a waiver of such covenant,condition,or option in any other instance. SUBORDINATION 35. This lease and the interest of Tenant hereunder shall at all times be subject to any and all now effective or hereafter executed mortgages and/or deeds of trust which may now or hereafter affect Lessor's estate in the real property of which the Premises form a pmt and to all renewals,modifications,replacements,or extensions thereof.Tenant shall promptly execute any instruments which may be required to evidence such subordination IN WITNESS WHEREOF,the parties hereto have hereunto set their hands the date set forth below. DATED THIS day of 12015. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON BUILDING LEASE AGREEMENT PAGE 7 Sgbm W Elisabeth Mell Terri Jeffreys,Ed ner Approved/ams to�Form: Ran Neather' , mmissioner Tim Whitehead Chief Deputy Prosecuting Attorney Tim Sheldon,Commissioner �Alm,.,Clerk of the Bo STATE OF WASHINGTON County of MASON I certify that I know or have satisfactory evidence that Elisabeth Mell signed this instrument and acknowledged it to be free and voluntary act for the uses and purposes mentioned in the instrument DATED: . � NOTARY s ; TARY PUBLIC,State f Washin_e,�to>�� PUBLIC y Appointment expires Z:L 22. STATE OF WASHINGTON F of WASN��O County of MASON I certify that I know or have satisfactory evidence that Terri Jeffreys,Randy Neatherlh Tim Sheldon signed this instrument and acknowledged it to be free and voluntary act for the uses and purposes mentioned in theinstrument DATED: Z 46L6 v �'��NI#lllllph I ,,r>�ALM•Q Ji4— � k NO ARY PUBLIC,State of Washing�to/n n J�I.•SgfON E' 0� .�� .Zl Li/� �'•_�a. x�;� Q'%o My Appointment expires � 7 -Q IyOTARy PUBLIC g S.y9 z...... S ay' SFW...SN�Cti��. 'yNtB11{dlA 4E10�a 03/06/2018 2:42 PM To: Ross McDowell CC: Anne Voice, Frank Pinter, Rich Fangen Subject: Re: Mell Chev Building Contract with Mason County Hello Mason County, Thank you for your interest in our building. Per the Lease Agreement of May 1, 2015,paragraph 213, Option to Extend there is a cost escalator not to exceed 10%. Per that verbiage I am proposing a cost increase of$100/per month/per year. Year one will be $1900/month,year two will be $2000/per month,year three will be $2100/per month,year four will be$2200/per month, and year five will be $2300. These amounts are roughly 5%. This amount will cover the increases in property tax and insurance. The rest of the Lease Agreement will remain as originally stated. If you find these amounts agreeable, I will consider this email legally binding. Again,thank you. Elisabeth Mell On Feb 20, 2018, at 12:18 PM,Ross McDowell <RMcDowell@co.mason.wa.us>wrote: Ms. Elizabeth Mell, I am Ross McDowell the new Facilities Manager for Mason County. I took over the position (along with several other duties with the layoffs) from Jeff Vrabel. I was tasked by Frank Pinter, Support Services Director,to look into all of the contracts for Parks& Facilities to make sure that they are properly in place. As I looked at the Mell Chev building contract for the Facilities department, I see that the contract has an expiration date of May 1, 2018. I would like to let you know that Mason County would like to take advantage of the contract option to extend the Mel] Chev contract for 5 years (TERMS 2-13). Frank Pinter and I would like to discuss with you the financial side of the contract. We would be agreeable to keeping the rental terms, conditions and rental fees at$1,800 a month to start. Please feel free to contact either Frank(360-427-9670 ext 530)or I so we can discuss this portion before the expiration of the contract. Thanks, Ross Ross McDowell Emergency Management Information Services Parks and Trails Facilities Manager for Mason County 100 W Public Works Dr. Shelton, WA 98584 Office: 360-427-9670 ext 806 Cell: 360-490-7646 rmcdowell&co.mason.wa.us MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Dawn Twiddy DEPARTMENT: Support Services EXT: 422 BRIEFING DATE: 03/19/18 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEM: The following Mason County Officers, Employee's and Volunteer(s) request for Defense and Indemnification coverage assigned by the county as named defendant's, in the Charles S Longshore, Civil Rights Action 3:18-CV-05069-RJB-IRC United States District court Case served upon them on February 21, 2018: Kevin Hanson, Joseph Ott, Robert Decker, Joseph Johnston, and Terrance Elson. BACKGROUND: Per Ordinance No. 06-18, Mason County Policy and Procedure for Defense and Indemnity of Employees any officer, employee or volunteer who is subject to a claim for damages may request that Mason County authorize and provide the defense of the claim. The Board of County Commissioners shall authorize the payment for the defense and any non-punitive monetary judgment awarded in the case as outlined in the Ordinance arising from acts or omissions while performing or in good faith purporting to perform his or her official duties. Per Ordinance No. 06-18 Mason County reserves the right to pay punitive monetary judgments entered against any of the named defendant's, until, and if, a judgment is awarded. RECOMMENDED OR REQUESTED ACTION: Approval of the following Mason County Officers, Employee's and Volunteer(s) request for Defense and Indemnification coverage as named defendant's in the Charles S Longshore, Civil Rights Action 3:18 CV-05069-RJB-IRC United States District court Case served upon them on February 21, 2018: Kevin Hanson, Joseph Ott, Robert Decker, Joseph Johnston, Terrance Elson. ATTACHMENTS: Signed Defense & Indemnification Request Forms and Charles S Longshore, Civil Rights Action 3:18-CV-05069-RJB-JRC United States District court Case on file with the Clerk of the Board Case 3:18-cv-05069-RJB-JRC Document 9 Filed 02/14/18 Page 1 of 5 3 FEB 21 201 C�mov 4 4roffiws Q S 6 7 8 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 9 AT TACOMA 10 CHARLES S LONGSHORE, 11 Plaintiff, CASE NO. 3:18-CV-05069-RJB-JRC ORDER DIRECTING SERVICE OF 12 V. CIVIL RIGHTS COMPLAINT 13 MASON COUNTY,et al., i 14 Defendants. 15 16 This is a civil rights action brought pursuant to 42 U.S.C. § 1983. Plaintiff is proceeding 17 with this action pro se and in forma pauperis. Plaintiff is currently incarcerated at the Stafford 18 Creek Corrections Center and is subject to the Court's Prisoner E-Filing Initiative pursuant to 19 General Order 06-16. The Court,having reviewed plaintiff's complaint,hereby ORDERS as 20 follows: 21 (1) Service by Clerk 22 The Clerk is directed to send the following to the named defendants by first class mail: a j a 23 copy of plaintiff's complaint,a copy of this Order,two copies of the notice of lawsuit and 24 ORDER DIRECTING SERVICE OF CIVIL RIGHTS COMPLAINT—I Case 3:18-cv-05059-RJB-JRC Document 9 Filed 02114/18 Page 2 of 5 1 request for waiver of service of summons,a waiver of service of summons,and a return 2 envelope,postage prepaid,addressed to the Clerk's Office shall also be sent. 3 (2) Response Required 4 Defendant(s)shall have thirty(30)days within which to return the enclosed waiver of 5 service of summons, A defendant who timely returns the signed waiver shall have sixty(60) 6 days after the date designated on the notice of lawsuit to file and serve an answer to the 7 complaint or a motion permitted under Rule 12 of the Federal Rules of Civil Procedure, 8 A defendant who fails to timely return the signed waiver will be personally served with a 9 summons and complaint,and may be required to pay the full costs of such service,pursuant to 10 Rule 4(d)(2)of the Federal Rules of Civil Procedure. A defendant who has been personally 11 served shall file an answer or motion permitted under Rule 12 within thirty(30)days after 12 service. 13 (3) Filing and Service by Parties,Generally 14 All attorneys admitted to practice before this Court are required to file documents 15 electronically via the Court's CM/ECF system. Counsel are directed to the Court's website, 16 www.wawd.uscourts.gov, for a detailed description of the requirements for filing via CM/ECF. 17 Plaintiff shall file all documents electronically. All filings must indicate in the upper right hand 18 comer the name of the magistrate judge to whom the document is directed. 19 Any document filed with the Court must be accompanied by proof that it has been served 20 upon all parties that have entered a notice of appearance in the underlying matter. Plaintiffs shall 21 indicate the date the document is submitted for e-filing as the date of service. 22 (4) Non-State Defendants 23 As a registered user of the Court's electronid filing system,you must accept electronic 24 ORDER DIRECTING SERVICE OF CIVIL RIGHTS COMPLAINT-2 Case 3:18-cv-05089-RJB-JRC Document 9 Filed 02114/18 Page 3 of 5 1 service of all court filings(except original service of a complaint)by prisoner litigants housed at 2 facilities actively engaged in the Prisoner E-Filing Initiative.Prisoner litigants incarcerated at 3 facilities actively engaged in the Prisoner E-Filing Initiative are no longer required to serve their 4 court filings on the Court or defendants by mail. Service by mail of your court filings to prison 5 litigants housed in facilities actively engaged in the Prisoner E-Filing Initiative is also no longer 6 required. 7 (5) Motions Generally 8 Any request for court action shall be set forth in a motion,properly filed and served. 9 Pursuant to LCR 7(b),any argument being offered in support of a motion shall be submitted as a 10 part of the motion itself and not in a separate document. The motion shall include in its caption r 11 (immediately below the title of the motion)a designation of the date the motion is to be noted for 12 consideration upon the Court's motion calendar. 4 13 Stipulated and agreed motions,motions to file over-length motions or briefs,motions for 14 reconsideration,joint submissions pursuant to the option procedure established in LCR 37(x)(2), 15 motions for default,requests for the clerk to enter default judgment,and motions for the court to 16 enter default judgment where the opposing party has not appeared shall be noted for 17 consideration on the day they are filed. See LCR 7(d)(1). All other non-dispositive motions 18 shall be noted for consideration no earlier than the third Friday following filing and service of the 19 motion. See LCR 7(d)(3). All dispositive motions shall be noted for consideration no earlier 20 than the fourth Friday following filing and service of the motion. Id. 21 For electronic filers,all briefs and affidavits in opposition to either a dispositive or non- 22 dispositive motion shall be filed and served not later than 11:59 p.m.on the Monday 23 immediately preceding the date designated for consideration of the motion. 24 ORDER DIRECTING SERVICE OF CIVIL RIGHTS COMPLAINT-3 Case 3:18-cv-05069-RJB-JRC Document 9 Filed 02/14/18 Page 4 of 5 1 The party making the motion may electronically file and serve not later than 11:59 pm. 2 on the date designated for consideration of the motion,a reply to the opposing party's briefs and 3 affidavits. 4 (6) Motions to Dismiss and Motions for Summary Jud Ment 5 Parties filing motions to dismiss pursuant to Rule 12 of the Federal Rules of Civil 6 Procedure and motions for summary judgment pursuant to Rule 56 of the Federal Rules of Civil 7 Procedure should acquaint themselves with those rules. As noted above,these motions shall be 8 noted for consideration no earlier than the fourth Friday following filing and service of the 9 motion. 10 Defendants filing motions to dismiss based on a failure to exhaust or motions for 11 summaryjudge are advised that they MUST serve a Rand notice concurrently with motions to 12 dismiss based on a failure to exhaust and motions for summary judgment so that pro se prisoner 13 plaintiffs will have fair,timely and adequate notice of what is required of them in order to 14 oppose those motions. Woods v. Carey, 684 F.3d 934,941 (9th Cir.2012). The Ninth Circuit 15 has set forth model language for such notices: 16 A motion for summary judgment under Rule 56 of the Federal Rules of Civil Procedure will,if granted,end your case. 17 Rule 56 tells you what you must do in order to oppose a motion for summary 18 judgment Generally,summary judgment must be granted when there is no genuine issue of material fact—that is, if there is no real dispute about any 19 fact that would affect the result of your case, the party who asked for summary judgment is entitled to judgment as a matter of law, which will 20 end your case. When a party you are suing makes a motion for summary judgment that is properly supported by declarations (or other sworn 21 testimony), you cannot simply rely on what your complaint says. Instead, you must set out specific facts in declarations, depositions, answers to 22 interrogatories,or authenticated documents,as provided in Rule 56(e), that contradict the facts shown in the defendant's declarations and 23 documents and show that there is a genuine issue of material fact for trial. If you do not submit your own evidence in opposition,summary 24 ORDER DIRECTING SERVICE OF CIVIL RIGHTS COMPLAINT-4 S.LHJRI'tIAI�3Q S�I/12I�S'�AII La�IIQ 21�Q2I0 trZ £Z zz iz oz 61 81 LT }I a2pnr a;eostRoW sa;e;S pa;!ufl 51 ern;earo P qo.d,!; trI 8 i0Z`A-iBnagad jo dgp q#tri s!ql PateQ z •I!gui sseio-;s j Aq Ifauaouy dunnoasold Alunoo uosvW i I arp jo oaWo o;;u!eidwoo s jj!;u!e!d jo Adoo 9sa}moo g pug rap o s!q;3o,tdoo a puss polowip OI .raglrnj s!3I•raio aqs jjqu!eid o;japrp s!cp�o sa!doo puss o;pa;oa�ip s! alb aqy (8) 6 'Kjoia aq;o;pa;aanp oq o;mg s.raded pug uogsuuo ! ;a;pr� egar g q;inn agpnf a;eos!ffiiW io affpnp;oLgsiQ aq;q;rnn aaeld a�ie}o;s!uo!�eoTunururao;oar!p oK L a ! q;,nn su peoiunururoa 132-14a (L) 9 aig-ar o;areal r{1!nn repuaiea synon aq;wog uaxoros uo!;our S a!aq;aneq,Gear ji!;u!eid uo oapou puny paa!nbaa aq;anaas pug aig o;i!ej ognn s;uepuppa tr •(pappe sisegdrua)(8661 'a!D qj6)696`ZS6 P£'d trSi `puojntoY n punk ou aq Ilim a.raq; pue passiursip aq Illm asea inog'pa;ue.rg s4 juamSpnf ,S.reaamns;I -nog ;sule8e pa ra}ua aq ,feui �a1updoidd8 p 'juawgpnf i g io g aft'd 81/VT/ZO Pal!d 6 ivawn3oQ 3?JV-aVN-69050-n3-8T:S OSVO U.S.DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON Instructions to a Prisoner Pro Se Plaintiff/Petitioner—Mandatory E-Filer Your suit was filed and has been assigned case number 3:18-cv-05069-RJB-JRC . The Court has directed service of your complaint/petition. These instructions do not include everything you need to know to pursue your case,but following them may help you avoid common mistakes. Filing and Serving Generally—After a defendant/respondent has been served with your complaint/petition, all documents and motions you file with the Court will be electronically served on defendant/respondent's attorney(or on defendant/respondent if the defendant/respondent is pro se). All documents and motions you file must contain a Certificate of Service reflecting that you served the defendant/respondent. This is an example of language you may use: I hereby certify that on [insert date), I submitted a copy of the foregoing document to the law librarian of [insert name of institution]for electronic filing. [Signature] You must type or legibly handwrite(with dark ink if possible)your documents on one side of sequentially numbered pages. Any exhibit or discovery material attached to the filing must be referred to in the filing. Any exhibit or discovery material not referred to in your filing or not attached to your filing may be returned to you. You must place your case number on all documents you file. If you have more than one case and are filing_ the same document in each case,you must prepare separate documents to file in each case. You must remove certain personal identifying information in all papers flied with the Court,Including: dates of birth, names of minor children,and social security,financial account,passport,and driver license numbers. Filing Motions-If you want the Court to take an action,you must file a written motion stating what you want the Court to do and provide your reasons for the action. Place the title of your motion in the caption along with a noting date for the Court to review your motion: • Note these motions for the day they are flied: (1)stipulated,agreed, and joint submissions; (2) request for over-length pleading;(3)reconsideration;(4)default; + Note these motions three Fridays after filing: (1) other non-dispositive motions; (2) relief from deadline; (3) protective order; (4) seal; (5) default (where opposing party has appeared); (6) to compel discovery;(7)quash. • Note these motions four Fridays after filing: (1) dispositive motions (dismissal and summary judgment);(2)preliminary injunctions. Change of Address—You must Inform the Court and opposing parties promptly if you change your address. If you fail to do so,your case may be dismissed. Discovery Materials - Do not file discovery materials (ke., Interrogatories, requests for production and/or admissions). If you file a motion to compel discovery,you may attach only the portions of discovery that are relevant to your motion. Questions About Your Case-Do not write letters to the District Judge or Magistrate Judge asking questions about your case-all communication with the Court should be through motions. Do not write letters to the Clerk asking For instructions on how to handle your case as the Clerk is prohibited from giving legal advice. Lack of Action-It is important that you take action after you start your lawsuit. If more than one year passes without any activity,the Court may dismiss your case for lack of prosecution. i WDWA(9198)Prisoner Waiver of Service of Summons UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA CHARLES S LONGSHORE Plaintiff V. Case Number:3:18-cv-05069-RJB-JRC MASON COUNTY et al Defendant(s) WAIVER OF SERVICE OF SUMMONS To: Deputy Clerk,U.S.District Court for the Western District of Washington I acknowledge receipt of your request that I waive service of a summons in the above-captioned ease. I also have received a copy of the complaint,two copies of this instrument,and a stamped return envelope. I agree to save the cost of service of a summons and an additional copy of the complaint by not requiring that I,or the entity I represent,be served with judicial process as provided in Federal Rule of Civil Procedure 4. I, or the entity I represent,will retain all defenses or objections to the lawsuit or to the jurisdiction or venue of the court except for objections based on a defect in the summons or in the service of the summons. I understand that a judgment may be entered against me,or the entity I represent,if an answer or motion under Federal Rule of Civil Procedure 12 is not filed and served upon the plaintiff within 60 days after February 15,2018. i Date: Signature: Printed/typed name: As of DUTY TO AVOID UNNECESSARY COSTS OF SERVICE OF SUMMONS a Federal Rule of Civil Prooedure 4 requires certain parties to cooperate in saving unnecessary costs of service of the : summons and complaint. A defendant located in the United States who,after being notified of an action and asked to waive service of a summons,fails to do so will be required to bear the cost of such service unless the defendant can show good cause for failing to sign and return the waiver. It is not good cause that the party believes that the complaint is unfounded,or that the action has been brought in an improper place or in a court that lacks jurisdiction. A party who waives service of the summons retains all defenses and 3 objections(except any related to the summons or to service of the summons),and may later object to the jurisdiction of the court or to the place where the action has been brought. A defendant who timely returns a signed waiver of service form must serve on the plaintiff a response to the complaint within the time specified on the waiver form. If the response is not served within this time,a default judgment may be taken against that defendant. By waiving service,a defendant is allowed more time to answer than if the summons had been actually served when the request for waiver of service was received. WDWA(9116)Prisoner Notice of Lawsuit and Request to Waive SeMce of Summons UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA CHARLES S LONGSHORE Plaintiff V. Case Number: 3:l8-ov-05069-RJB-JRC MASON COUNTY et as Defendants NOTICE OF LAWSUIT AND REQUEST TO WAIVE SERVICE OF SUMMONS To: Mason County,Kevin Hanson,Joseph Ott,Robert Decker,Joseph Johnson,Terrence Elson,Stephen Sinclair,and John Campbell A lawsuit has been filed against you,or the entity you represent,in this court under the number shown above. A copy of the complaint is attached. This is not a formal sununons or notification from the court,but rather a request that,to avoid the cost of service,you sign and return the enclosed waiver of formal service. To avoid the cost of service,you must sign and return the waiver within 30 days of the date this notice was sent(shown below). A stamped return envelope is enclosed,along with an extra copy of the waiver for your records. If you timely return the signed waiver,it will be riled with the court and you will not be served with a summons. The action will then proceed as if you had been served on the date the waiver is filed. You will have 60 days from the date this notice was sent(shown below)to answer the complaint. If you do not timely return the signed waiver, the summons and complaint will be served on you,and the court may require you,or the entity you represent,to pay the full expenses of such service. Please read the statement on the waiver form about the duty to avoid unnecessary expenses. I certify that this request is being sent to you on February 15,2018. s/Stefan Prater Deputy Clerk U.S.District Court for the Western District of Washington WDWA(9118)Prisoner Waiver of Service of summons UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA CHARLES S LONGSHORE Plaintiff V. Case Nlunber:3:1$-ev-05069-RJB-JRC MASON COUNTY et al Defendant(s) WAIVER OF SERVICE OF SUMMONS To: Deputy Clerk,U.S.District Court for the Western District of Washington I acknowledge receipt of your request that I waive service of a summons in the above-captioned case. I also have received a copy of the complaint,two copies of this instrument,and a stamped return envelope. I agree to save the cost of service of a summons and an additional copy of the complaint by not requiring that I,or the entity I represent,be served with judicial process as provided in Federal Rule of Civil Procedure 4. 1, or the entity I represent,will retain all defenses or objections to the lawsuit or to the jurisdiction or venue of the court except for objections based on a defect in the summons or in the service of the summons. I understand that a judgment may be entered against me,or the entity I represent, if an answer or motion under Federal Rule of Civil Procedure 12 is not filed and served upon the plaintiff within 60 days after February 15,2015. Date: Signature: Printed/typed name: As of a t DUTY TO AVOID UNNECESSARY COSTS OF SERVICE OF SUMMONS Federal Rule of Civil Procedure 4 requires certain parties to cooperate in saving unnecessary costs of service of the summons and complaint. A defendant located in the United States who,after being notified of an action and asked to waive service of a summons,fails to do so will be required to bear the cost of such service unless the defendant can show good cause for failing to sign and return the waiver. It is not good cause that the party believes that the complaint is unfounded,or that the action has been brought in an improper place or in a court that lacks jurisdiction. A party who waives service of the summons retains all defenses and objections(except any related to the summons or to service of the summons),and may later object to the jurisdiction of the court or to the place where the action has been brought. A defendant who timely returns a signed waiver of service form must serve on the plaintiff a response to the complaint within the time specified on the waiver form. If the response is not served within this tirne,a default judgment may be taken against that defendant. By waiving service,a defendant is allowed more time to answer than if the summons had been actually served when the request for waiver of service was received. i I � M � WDWA(9116)Prisoner Notice of Lawsuit and Request to Waive Service of Summons UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA CHARLES S LONGSHORE .Plaintiff V. Case Number: 3:1 8-cv-05069-RJB-JRC MASON COUNTY et al Defendants NOTICE OF LAWSUIT AND REQUEST TO WAIVE SERVICE OF SUMMONS To: Mason County,Kevin Hanson,Joseph Ott,Robert Decker,Joseph Johnson,Terrance Elson,Stephen Sinclair,and John Campbell A lawsuit has been filed against you,or the entity you represent,in this court under the number shown above. A copy of the complaint is attached. This is not a formal summons or notification from the court,but rather a request that,to avoid the cost of service,you sign and return the enclosed waiver of formal service. To avoid the cost of service,you must sign and return the waiver within 30 days of the date this notice was sent(shown below). A stamped return envelope is enclosed,along with an extra copy of the waiver for your records. If you timely return the signed waiver,it will be filed with the court and you will not be served with a summons. The action will then proceed as if you had been served on the date the waiver is filed. You will have 60 days froin the date this notice was sent(shown below)to answer the complaint. If you do not timely return the signed waiver,the summons and complaint will be served on you,and the court may require you,or the entity you represent,to pay the full expenses of such service. Please read the statement on the waiver form about the duty to avoid unnecessary expenses. 1 certify that this request is being sent to you on February 15,2018. s/Stefan Praler Deputy Clerk U.S.District Court for the Western District of Washington qA 0 ' `l i lit V9 10 T 869d 8T/bT/ZO Pair L 3uawnooa OaC-9Ca-69050-n3-9T:g asaO ! . Case 3:18-cv-05069-RJB-JRC Document 7 Filed 02/14/18 Page 2 of 64 S+.%,e-d r4W I% 1J.,.5�'` Sire-. 6�v!4ont Lot, -q(A,51gq VeVinAi"Sol)I Me OA,CCcan4y fat I . SUa irk Tnc1►ujc[ual UAd G%CACd Cg*cAM Car, he SaA ed ;(x+ PA%,w Co, SWN GCs obi c2- 1 ti.M, LA'" S 'f 6h4t Ion WA q6 Sbq pr . Pa r6oz 103 7 She ky%. wk `LB524 `!n &rl-fa eV4cle. �..:f.�e��d�r,.4-� ►�e.p�� 5�,��t- '�v se� o-t-t', wed Z n ,�dti�nl cL�a.l .. `:C P-PVM f y . exxQCW-A 4-Y. . OAA 844CICAI .fs t(XW-J ty,..6LL51 Vx 6W C- a nnM.4x(W/ r.Sk-( on 1 or -Po. ..Qo.A t03, SkAbOA I_ ..�1� tto�on. 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C+r AW-Yrda t WA,-..QAS'Z-0 - t -7 -, Case 3:18-cv-05069-RJB-JRC Document 7 Filed 02/14/18 Page 18 of 64 IIAR-21-2002 THU 0203 PM D00 OOMOTS 3608842001 P,zQ2� WASHINGTON INTRASTATE COMPACT This Cornpaot is encored into by Masan Cognty(COUNTY)and the Deparlmtmt of Corrections(Department),on day of pebruery,2002,for the purpose of maxlmizIng the uFe of cxIstiq resources and to provide ndequete faei liths fond progrArns for the conflnwnent, cart, treatment,and employment of OPPcnders. The Sending dgrlediction and tho Receiving ,1urindictlon specifically find that the Compact Is necessary or dealrable In order to provide adequate housing and care or appropriate rohabilitation tinct IMATMent programs to the potbops , bcing tradsferrcd. iticla 1 ' Pff_ T 0 Cornpaot--the Washington Intrastate Corrections Compact. Compact Avisdictlon—Recolvlag Jurisdiction of Correcl:latis or tiny County In the ON of Washington,in this cost,the Sending Jurisdiction,which bas exnfiuted this Compact. Convicted Felony Offender--a person who hits been convicted of a felony gmabllshed by state law and is eighteen years of age or older,or who is less then eighteen years of age,but wh(M ease has been transf6iTed by the appropriate Juvenile court to a orirninAl court pursuant 10 ROW L3.40,1 10 or has bean tried in a criminal court pursuant to RCW 13.040300)(e)(1v). County•Mason County. Department-Washington State Departmcnl of C''onUCIDM, , &xixaordlnary Medical 13xpanaa--troy medical expense beyond Lhat which is normally provided by e4nlrAct or,oftr health care provjdaw Af the Futility of the Receiving Jarisdiotiort, Facility—tiny state correctional iratitution,camp,or other unit esuN t;hed or authorized by law under the jurisdiction of theDopwlrnont;any jail,holding,detentlon,special detendon,or correetlonul RWUlty operAted by tha Comity for the housing of Adult Offenders;or any contract FaoilTty;opo'rated 4n-Mixlfofeltber the County or the Departmont for tbo housing of adult Offenders, Offentlar--a person who has been cliarged with undlor convicted of nn offense established by applicable statute or o4mince, Offondof Dtiy included as an Offender bay is the first day nn Offender is delivered to the Recciving Jotudietlon. OffanderDays end at inldnight of the day immediately preoeding the drip of the Offender's release or return io the custody of the Sending,lud9dlotlon, State Uf Washington C0005671 page 1 of 4 Uepitriment or Corrections Case 3:18-cv-05069-RJB-JRC Document 7 File3608640011d 42/ 4I 8 Page 19 of t1AR-21-2002 RU 02.03 PM DOC WNTRAO S . Y:55 'z- Racciving futlsdlaion I Washington SWO Aeptittment of CnrreLdons or Matson County, whichevot tis bring ace an Offender from the other. Recelvin$Jttriadiction--rho Rccelving Jurisdle,Ion of corrections or Sending 7urisdiotioR,to Ivl►loh tan Offender is gent for confinement. Secretary-the S1;Crc1ttry of the Recelvifig Jurisdiction or his or her dealgneo. I Sending Jurisdiction--;Mason County or Washington State Dopartmont.or Corrections, whichever has cit OffFndoc that they want the other to boast. Siding]urlsdiotion-the Sending 7uriaclietion or the Receiving durindiotion to whore the courts have committed cushy of the offender. I '. A tic e II i R F A BE Act shall ba for An Initial period of apptaxirnately S.Gctlntt 2.0X ersn.;The term of this Comp day of FebruAry+,2002,and continuing through the 301b day Of 16 Months be&nlng IN 7 June,2004, r C Section 2.02 Rxtenhan. The,term of thin ComPact maY be extende4 at the option oft e Receiving tutl9cticti� o-n Pt the Sending Jurlsdiotioa through Juno 30,of 2006 Additional ek nSIOTIR onO if any,shall ba by mu�tvri Qg;ean=t.of all purtles before the end Compact extensions beyond dune 30,•2006 may include an in=ase In the,pftiymsnt amount par offender pay as agreed by the parties. art far cause, nDn- Section 2,03 Ter ntfa► This Compact may be terminated by any p }, uppropraation of funds,.or convenknee,or►ninety(90)days written notice,delivered to thg other parties In acoordanea with the"N'OTICBS"suction of this Coulport' Within 40 days h Br il1e delivery ofsaid no6del'The Receiving JttrlstllctioAJ9onding.iudedlotion shall retgk.¢p Y custody of thalrraspeotiV6 Menders being housed st the 00tter'9 Faollilx pursuant to this Cotnpo4t. Tho regpliernept of vurltten notice will not apply if the necalving 7ur100tiordSending Jurlsd,ation,in its sola discrotian,deletrn9neA tho cause for termination=ates an immediate threat to public safety,health,or wolfaro. j ectlStrZ:04--rer1tli nbon luatnUnay li iltt 0fl, t d9 The paymmtof money by the i 1 ReCOVI lg Jurlsdiatibn under tiny provlsiuns hereto is contingent upon the PallAwlity of(lands aappropriatcd to pay iho sums pursuant to tills Campnot. 10 the avant funding for this Catnpnat becernas unavalloble,withdrawn,reduced,in-14- Mcleut,or 1-11mited in any way,the Receiving 3'urlsdiction FhOl have the right to terminate this term of this C!Ompnet without pcnnity and e Without thanialaty(9O)day notiet perlod,except for scrviccu already provided, • � I Section 2.05 nini tato Correc i'n4 Co act 111e provisions of the Intrastate Corri W10n6 Compact,pursuant to RMAr 12.76, ora gereby made an integral Dart of tails C))pact turd tlo Stnke Of Wesbingtan COCO5671. Fat3e 2 of 9 Depulment of corrtc6ons 1 1 i Case 3:18-cv-05069-RJB-JRC Document 7 Filed 02/14118 Page 20 of 64 KAR-21-2002-THU 02:04 PM boo WNTRAOTS 3608842001 P. 1146 provision of this Cornpact shnll bo construed in any manner inconsistent With htatorical intent and the provislonA of the Intrastate Corractiong CompAot, Mtiolo SL)NO jjjRj22LCUQN RBSPONsI Section 3.01 3.01 Offender Houga& The Receiving Jnrls4iction"shltll confine land Supcc'v 56 the Sending Jurisdiellon Orr'enders who are Imnsferred to a Receiving Jurisdiction Faculty pursuant to this Compact No Offender shall be transferred txntll the SondingYurlsdlotlon 118A ensured that the,OfPoades 1nmts the ReocivIng JutlShcerion's kcrcraing criterla. it is the underaifinding of 60 porgies that providing avaflybla paatllty space for the housing of Lha Sending Jttrindlotlou Offenders is at the Recelving Xurlsdlction'S option and that the use of the Reuelving Juri9diotion'9 services and raoilities i9 at the Sending Jurisdicrion's option. Nothing 10 this Compact shall.be construed to require the Raooiving]u6sdlctlon to provide space or to require Lila Sonding Jurisdiction to proscnt for confinement any Sending Jurisdiction Offenders, placement of the Sending Jurisdiction OffonderA In the Facility may be oocur ut any time.after the beginning of the trim of thin Compact. SeLtion 3.02 peitvoa of Offenders. Tht;Sodding Jurisdiction,at its oxpenRe,will deliver Ott'cinder to the,instit1ltlon deAignated by the,Receiving ludadictidn, Should the Offenderfitil to meet the screening cdt6rla of the Receiving J»rludicdon,orbo rejected by the Recolving Juriadlotlon for any other ronson,the Sending Jurisdiction shall ha tesponsible to retake the. Offender. The Sending JuriAdiction shall provlde at least one Aet of the Offoa&-ea personal clothing at the tlmo of transfer,shall search the Orfander's clothing for contraband prior to the transfer,and shall store the ONonder'8 personal propcny throughout the duration of the Offender's Incarceration unless other storage arrangements are made. Seetlon 3.03 Return of Ojfto Sending Turisdictinn, i 3.03,1 The Sedding Jurisdiction may demand thin Its Offenders be dellvet'ad to the,cMAY of the Sending Jurisdiction at the Sending Jariudlodoul Juil,Seattle,Washington,at any time. 71udc trensfer3 WUl be,at the SenAing JurlFdiefion•'s expense did will be conducted with The sending Jurisdiction's stAff or conriaoted staff at the Sending Xurisdicdon's exprnne. 3.03.2 Within 14 dayfi of racelving n good f0th request, the Sending Jurisdiction will-uccept custody at tboSending Jurisdiction Jall,Seattle,Washington,of any Offender whom the RNtiving'JuriFdiction requests to ba returned in the,Sanding Jurisdiction's onstody. The Sending Jurletlictlon Offenders bcing retumd duo to medical or health rerutons shall be returned ut the Sending J'urisdiction's expense, Included in such rottlrnad Sending Jurisdiction Offondors Are cancer and dialyttis paticntg, 3.03.3 ,Should an Offender be return:()to the Setldlug Jurlediodon as a result of any action by the,Sonding 11trisdiotlon or by a court of competent jtlrlsdiction that prevents'the Offender's confloamont at the Ret:elving yurisdiotion's Vuellity,the SendingJudsdiction nhnll bear the cost. The Sending Jurisdiction shall accept custody at the,Sending Jurisdiction Juil in Soat0c,Washiiigion ImmeAiately,under such circumstances, Sotto of Washinglon C0005671 Pago 3 of 9� Dopnrtrn=of conzctionk such;aaalo��o ma►ullpdaQ 6301,ovu j IL99000� uo;3ulgtn }a elms car fiqu s,aolt IP.toaa q1 Ouunp uosl3d lauauvA aluw0ilu oila3q'$u1al1M ul uo[;vlps)lnr�ulnl000-d ayl 6anou puu'.tu3 auueal9 !lugs Jatvulp,toaa atp'auip,lo polled popttolxa a JO)aaasqu 9q,tolqulpxooa ag1 pinoyS 'loudtuo0 aqf SulsBis}ulwi?U 103 atgi$uudsal xo113ulpl000 vapolpatmrSutpaag)[1140 u011vlpalanr 9ulelava aql 4�11011110gs uop0lpslJnr$u!paos aq,L o;at ,00 ) i olaaa�[1tti�t Y['E uoll0a� •a16p asnalal 6,1opua,};0 agjj0`9ultylm u}'uopalps}s(t[ 1164$ uo1101As11ur 5ujpuos aqs 'alttp)$9)141 ra4us}11,10 aaqua}40.441+�3nqu pull)tut]pool s"xapuggo oM olulnoltto Hefts uo1101Pappr Npuos ay 1, 'a;eCl a a ha all a!Jk1u OL'S u01a026 �ill}an py31u aigelf6J+e IOU 2,190[evlpacu ICU sluomp'loddu tvsv}pow W013 puv 01 lapuo3,lp.aga p9duunst 01 slsuo 30;avwAnd"Pnlvuf t s1t{,l, voeta1t1F11nr 21jlniaood atp of pwrqumz sl Japuq}jd ay1 wqM u0;inolpou,1 30 41ddnq 1 ICtip-aaJt{t 131g�a13a`411141 slaatuul oy1 epinoad 111A%P1e',npu23}p vya Aq paamaul satrpodxa 106"Mtl 40u081auw JaGl9ulpto9laxa lla bed klsgs uop0tPsP11r 8ulpuos atl,L --aaib m uapaag epluaat apogi p�lnlaua$u01101P Jnr 9ulalaoa�ay sselutt'9pzow ?5041 to axnttalos1P 4z1M pajialotissv blsoo Aub pun lspuajjp�tg of ula}#pod spxooai allgnd }a alnsulosl(i tq;alglauod x aq t(ti4A uojl?1pu11a1 uajpu2s otlL ' p.toaaun 1Vq 90.f 1tol1�a5 gapua�p eq1;o 4drt9oaa4d A pug s3ullcl la8ug 0t♦1 svinllaut WMA Pico a0l;t;oj}11uoP1 pup 019 it(tr Pou.11opua;30 agi3o a611miggillo aqa of lttetialax u❑latrutl0lul satpu 11u3`suzaldcud jmolnrayaq'spaait 11101paw'tiols14 Impl.13s,lapua)3U 4q1 d°�trtvl4uns a(� 1 '1035011241,19111100 sulqualuae ot{3 EM Splou=0;v41 jo Adm u(c u2pua;10 041;o iu9tuauU"03 I ,1413$ulzlroyanu dtlbuol xtoplo 10 d;P�o luati4ptuu2 Q1P 0 Adw v('t :opolaul�stttu�paovas os�l!J, 1s1yun11 uadtl tapuo3�,p aya;o u411voiflsti1110 Puu'lolneyaq'Spoau tualpout 01 sultvlaz vp1c303 aq,30 salxutuutris Jo soldov yllA uolsolpgtlnp$ulnlaang aql gsjmn;jsnut uo lolPPU 3uiP�S aqyTO I$Idct a9 uo}lolP�l�R ! 1,1,1,1 1patl P ovalt LOT 1109a108 1a hold a 1 n uo la uutsl[01 {1a xahuc33o,iU0101v3ttit jj jo ao91d �uawzJadvq 041 K[1 p pl. g;ow10 d orf iJnoa$a altios alt�typou lanut'jopuv}j0 attl pub�gV'usagwnu os'nuo b�ul9ga autuu aul3 () 0 uo ati 3oJa3suea;of Julia'u0pylps11t1t Su}pu�S Qq -I 110 0uv; y J !1 1a 9t1'E. 11 S -low$1 vllatua luluaalos uopipsonr$ul4i� ag1 luyi alnsua flags 'lopuaj,}Q gg130 a;sttu1l of loud'uopvjpsl1nj Sulptlos syy AZT."°3 a0 aaav 5p'EuownG 'izpUe3J(o Pauajsuell aya,IaAO uo110lpslJnj'ulltaulp►n Iluyta uafa31psl1nr SulpuaS atld uo a1Ps n bp•g u0i300g asuvctxa s,ttollolpsiinr Sufpuag Dila 19 oq 111M eJ•alsuuA,1$,16[1 'xopuadJO ,q1 as1u;031,1,1,4343 jug sn ttopolpslJnj'6,111$;a dpajsnu aqf 01 so uoltalPsrinr 9ulpuos 041 of pau1n101 ag[lays ralluedl0 ay3 .{polsno n1oJl a2pu0330 2tp 9ulsxolal oa Jolla ,�S11rJu�9,Up13olpsunp$urAlaaa�dyl cuarl,tpaallp pe5malaJ oq Heys alotad.td uolegold � uo prsuld sl 10`lap,1v unq�n Lq pva'uotoc sl'aadaluos sltj salaldwao 0yM lapuoa�0 oN b'ti0'f: L�Ad o TZ aB'ed 8>;If� Z(� f�al!� L luauano QOiiZ)�-000 94 8C23-690S0-na gNt:£Oaseo�dl� gd Case 3:18-cv-05069-RJB-JRC Document 7 Filed 02!14/18 Page 22 of 64 MAR-21--2002 TH 02;06 PM DOD DONTRADTS 3606842001 P. 08 258 Secilon 3,12 e, ill Set'vices. The SendingJwisdlcdon shall provide the Offender With login servicos and shall pay regal ooNts associnted with the Offender's challenge of his or her transfer. Section 3,13 C QmU and Accountlne f Offender Mys, The Sending 10634110HOTI shall pay the cast per affandpr Day on n monthly basis at the rote gal by tha Qffiee of Financial Wttagernent under RCW 70.4$.440, unless the parties agree to another rate in a pnrliculr,r transfsr. When the two parties to chle agreement transfer Offenders to each other,there shali be tan acoounling of tits number of"Offender pays," 1f the number of Meador Days incurred by the Sonding Jurisdlalon and the Reccivin$Jurisdiction Is equal,no payment for Offender Days is'neccs my for the affeotcd prrriod,oxc�pgng oxtraordiulry msdleal,legal and utrnsport coats. If the.number of daya is not equal,the excess Is t4 bo billed on it monthly basis. 118 A"Civing Jurisdiction may credit any obligation acorued by the Sending Jurisdiction against future Receiving Jurisdiction obilgatiops and The Sending Jorlsdiedon may oredit any obligWop accrued by the Recclving Jurisdiction against futttr6 Sending Jurlt;dietion obllgntiono. Tho parties aoknuWladge that no prior Agreorhonts exist that create an indebtednosv by either party to the other• section 3,14 TranstrortalIon sndSucurity, The Sending Juslsdiction shell provide ! tr4n8portad(1n and securlty for Offendats being trnneported to and fromeourt appturanocs, Section 3,15 Ind The Sending JWiRdictlon shall hada the right to lnepect ural or audit the Facility ai Its diserodon,with or without advance notice. Article 1V' pr,Cr$NINo JURtSDICT ON RgEQN BIB-3 1"C 8 sectlon 4,01 Su ervis o . Tho Receiving Ju4sdiotlort shall he mspon6lble for the Aoporvinion i of the Offenders thnt it awapts into custody from the Sending J44sdiction, Section 4.1J crt:e inu Criteria, The Receiving Jurlsdialon shall establish screening oriterla i for the offandem it will accept for transfer,and will notify the Sending Jvlsdictlon if the Otfandcr dges not meat the screening crilerla, Sectlon 4,03 O ntatioCJpon an Offender's arrival at a Rceciv38g Jurisdiction Facility,the R4;juing Jurisdiction shall provide an odentetlon for the Offender, This oriantatioa must uddte9s the fotlowingcondttlons at the iteoelving'JnrladlcNon 1?tieility; 1)requirements to work; 2)Faoltlty rules and diwiplinury procedures; 3)rnodioal ears availabllity;4)vialtadon rules. Section 4,04 Clot) 4.04.1 The Receiving Jgrisdiction wW be respolisible for Jattndering, repair,and teplaoement of Offender clothing dodrig the Sending Turisrilction Offender's incarceration at t'he Facility to ansura 00n clothes and a minimum of 2 sats of clothing upon adnilssion and with Glenn alothing and bedding on n weeklyUsis thereafter. 4 04,2 The Receiving Re sdictlon shall provide«fork olothhlg and equipment npprapriato 10 the OFPertdcr's assignment. State pf Washington C,000567t Page S OF Depurmium of Corrections Case 3. 8-C O pM9-Ril J R cunnent 7 Fii� �b 8 Page 23 of V, 07 MAR-21-2002 "HU 6A 259 P6 d 4.04.3 ThaReoelvlP9 Jarlsdlction$hall furnisi►Offenders with cllmata appropriate outerwear, on)the 4,04.4 1'he$endini;furJsdietton Offen hall haveo tt a allotted ttrrrountynAd to the,satidin$ uof OffenderrisclictioA tclothing Receiving brIsdiotion Faatii y fi authorized by tiro ftding Jurisdlctlon. Section 4.05 't' The pecziG t�ns#cr;d wi h the Offender10 tho Sondin6 Jurisdiction a list of allowtibt@ Items tl)ut may b Section 4.06 edienl cpre. Tho Receiving 3urisdiction shgli ba responsible for providi10 reguli►r nedlanl crire,inclutling presariptlon medioatiun9,to the Scnding Jurlsdiation Olfandot at, the Rcceivin$Jurisdiotion'a expense. The Receiving 3udsdiction shall notify tiro Sending Jurisdiction ns fur in advunce os pracdaubio Prior to inctlrring Gast.&ns a reauitof"'raordinary tnedicnl caro, Tho Receiving yurisdicdon shall notify the Sending Jurisdiction as soon us practicable after un Offcndcr repeivrs orn"genay medical Wt, Section ampensation for Work tJffondors tr$nsfbard to a Receiving luriAdietion ftillty AD pgrecipate in progprogram&of Offender cmployrnent shall rec,eivo the 8arr14 reirnbussamallt,if'any,as other Offenders performing similar work, Only those Offenders WILD t have hen convicted may do required to work. � Section 4,08 u u . The Receiving JuMdloNcn shall notify the Scnding furisdiatlon Omadars 6 upon arclval of tho rules of tile:jurlsdiotion and the specific Mies of.the Ncility. offendcts will ull rales of the Revolving Jurisdiction. i be required�o Wow ow Section 4,09 14lsci i 'ImaReceiving luriadiction shall provide diselplinary detention to the f Scnding Turisdlction Offenders at:the disorotion of the Receiving Jurisdiction, The Reggiving Jur sdiatlou may requlrctitc Settiding7urisdietion to retake any offender found guilty Off serloU8 inhaatitin;similarly,the Recelvirig 34rhilc1lan tnay requiro the SettdtngJuriSdictlon to rctaito any 0[j6 tdcr whose behavior requires Kagragr W or psoteot{v4 housing'. i Section 4.10 nntht e r . The Receiving JU6i diction invdtul'iQtt housing the Sending 3urisdictivn Offenders shn11 provide monthly scporrF to tach Sending Jurisdiction on tho number of Offenders housed for the SendingJurisdictlon under the Compact. i n Jurisdiction shall uatify the 1 ,�lotificatfon of Coordi ulor, The ItecoiYlnla Sending Jurisdiction of identity of the Reo6ving Jurisdiction cootdinAtor responsible for administering the Compact, Should the coordinator be absent for est extended period of time,the coordinator shall arrange for,Lind notify the Sending Jurisdiction in writing,of the plternat4 contuct perfi0rl during the coordinator'A absence. Section 4.12 Le aI hosts, TtiB}2eceiving 7urlsdlGtior,shall bear legal costs relating to the. defense of actions arising from gvants that occur at thG 12ecelving Jurisdiction inmiitution WHO, the Offender is in the Rceelving Jurisdktion'e custody, State of,washington COCO$671 Pana b of 9 Department of correctlatis i i z Case 3:18-cv-05069-RJB-JRC Document 7 Filed 02/14/18 Page 24 of 64 MAR-21.2002 THII 0207 fsM D00 CONTRAOTS $806842001 P. 08 7 260 Section 4.13 FncJMY Ur)urat ns, The Receiving Jurisdiction's tnunggement of QI'fanders In it,"Faciliw ahail be conblstoiti with lilt,managemcut of other Offenders at the Facility and In accprd�[nce with the Facility's Operating ROqulremcnts. Tha)keeolvingjurisdiction shall maintuin staffing levels at the Pacility In Aafficlot numbers nod rank to rrwlntitin the Safety of the public,stair,and lnluatei and t0 adegllAtt ly Darcy out the provlslon6 of thin agreement. The, Receiving Jurisdiction will aa`erclse its Authority t4 ensure that the daily operation of the Pocllity Is in complianct:with rhe provisions of this pgree[11OW and with lho mostzeuent stnndards for Adult Correctional Institutions,3''Vidon, Beofip>7 4,14 cell Iu�i[s()nnoxtnnt v. Tho Receiving Jurisdiction shall provide adequate space and opportunity within the Faoillty for religious sorviccs. Section 4.15 Tu e ) Tie. AcceRp to telephone service compurltble to ihat provided to —Offendor6 by Lbe Sending Juriscllctioti shall be provided to all 1rensf=ed Offenderg, Section 4.1.6 Co '�issary and Meal. Offenders will be provided with oommigsary and trail ` services an similar us possiblb In form and prico As those found In the Sending Aurisdlotlon . i detention Facilities. Section 4.17 'nIsljqtiop 7ho Receiving Jurisdiction shall provide Visitation opportunities at a minimum cquiValent to those offered in tho Sending Jutisdiotion Facilities unless individual security concerns dicOM otberwlsc, Section 4,18 Grieyance-Procedure.% Initial Sending Juristliallon Offeadcr grivvanoes shall be r handled by[ha}receiving Jurisdiction,conslstent wird the Receiving Jurisdiction's gdt,vsnea procedures. Tho Sanding Jurisdiction staff shall handle AppeAls or additional'rcvlow of tho t SondingJurWiction Offendergriavanccs. i E SoAQn.4,19 Access tb Colst•tg. The Recelving Jurisdictlou will'provW opportunity for monningful ao ess to leghl muteriAls At the Facility In accordance with ocurity and operating needs. The Sending Jtni4diction 31101 provide access to the Sending Jwlsdictioti'g legal materiuk requlrcd is meet oonstitutiond needs pf Offenders. Tilt,Sending Jurisdiction pjaldul detainees shall be allowed reasonable access to their attorney In order to satisfy their Sixth Amendrnam right to counsel, I Section 4,20 Dcgth of an Q'antler. The Raeeiving Jurkdictlon will imm44raely notify ilia sendingdurlsdietion vin kleph=of any Offender death and shall htivc the death ttiviewod by the coroner of the local jurisdlcrion, The Receiving Jx6dictlon slip)] also forward a csortlfled copy of the death certificate,flutop6y report,Q1't'ender's file and medieel records to the Sending 7urisdiotion, • Section 4.21, Tscn�nc of an-Oge-ncler The Receiving luriWiction will Immediately notify the Sending lurlsdictlon via lclephone of any Offender escape. The Receiving Jurisdiction shall also notify all local lnw enforcernent agencies of the aseape. State oP Wusltington C0005671 Page.7 of 9 Department of corrections . ,g9 9-M- ,pcument 7 Filg6b�J18 Page 25 of P4.W ffHHUU 261 P`t' g o rF-/3 &1—6V 12 r i +rola Y►_JR1�b3CI'I4N;3 QYL3FS Suction 5,1 lndapene�ent Nntrsctor. The ReceivinS Jarisdiction sltal)perfom its dudes hander as an independent contrnotor and not AR all dmployee, Neither,lho Receiving teU Jnflpdiodon nor any agent oromployoc of,the Recetving Jurisdiction t;hQll be deemed to a era agent or employee of Cho Sending Jurisdiction. Thb Receiving Jurisdiction shall pay,wltrt due, All tequirad amployroeat taxes And Intorno tax withholding including all Federal and State income tax and loco)haAd tax an any monia,4 paid pursuant to this CompAct, The Rzceiving 7tiration,express or implied to bind the Scuding Jurisdlodon to urisdio4ion shall have no autha nny agrremoitts,liability or understanding eRacpt as expressly sci forth herein 'e 8eciion 5.x rso ge 'Tire Receiving Jnrlsdictlop shall retain persWei tQ deli ort went scrilice four o e,)hour care and suparvlslon tp pffandars,As well as adrainistretive and$tlpp four(utel for rho overall operation or the Facility,in w dordaitee with AtnerScs)n Correctional Associa4lart Stendat4s, Prior to 4mployment at the)?anility,appllannts shall bo sub3ccted to a i t}torough background check. I Section 5,3 JERLTLIag. The Receiving Jurlsdiclion will train all persAngol of the F"cility. 'the i Receiving JudAution shall be responsible for ull alalttttz,+:1Amages,liability aotionand dC toun an rds its irtttluding oostA,6Xpenbca and attorney foes lnodrmd 08 n r©salt of any ernployces,agenrs,subcontractors or assignees incurred in connectiatl with training. A13T clavi SSG Bt elicit 61 his ate . Disputes between tIw S9udlri$AM Reeving jurisdictions may be submilted to arbitration if the patties Ara unabic to resolve any dlsputas arising hereunder. No dlsputra may be spbrAtted to arbitration without tho pgreamCnt of both parties. i Section 6,2 unl E i ant d orlon' The paidas risct7tra to theprinc(glas of eyttul j entpioyraent opportunity. Neither Is reaponsib)G for cnstrrirtg that the other is in compliance with -ayual amp Qyment statutes or policies, Sactton 6,3 finding Nature. This Compnet shn11 be bindiag oil tile.parties and'their heirs. nuacessors,And assigns, S&ction 64 V%11dit and ev abilit . To the cxtcnt that this CaMpaot mwy be executed and perabnnance of the obligatians'of the parties rnRy ba accompliEhcd within the intent of dte Compact,the tetras of thio Compact are several turd should any term or proYigi611 hVeof be declared invalid ar become i�toperative f�rr arty reaaon�such invalidity or fallaro shA11 not affect the validity of any other toren or provision hereof, 1n the even!first any provision of this , the validity of the Compact Khold invalid,that ptovlsiort shall be mill and void, However remnintng provi6c ms of the'Comp:lct shtrll not be affccCed thereby, State,of WaRhington CQC0567l Inge R of 9 Deptutmettt of Corrections k Case 3:18-cv-05069-RJB-JRC (Document 7 Filed 02/14/18 Page 26 of 64 MAR-212002 TPU 02:08 PM 'DOD CpA"IR Ts 3600842009 p262 q, off" SuMmI 6.5 Aurisdiotion and-Vaoue. 'lbs laws of the Strata td'Washington and tht rules and regulations Jssuul purt:uaut tharcto shall be oppii'ed J.rt tho Int6rprttAtion,cuention 4T)d cnfort cinent of thls Campari. Venue.for Any logul Action related to the perforromice or intcrpram6on of ibis Compact shall be In ibt City of Olympia atnd County of Tbur6ton, Washington, , Stiction 6,e.; Scope of Agreement, Ws Compadt and pray appendices urexhibits to It liuxupornte all the sgreem©nts,covenants,rend undanima dingo between tha pArtles. No prior agroement�pr,understandings,verbal or pthorwho,of the parUvo or their 4Zents oliall be valid or aufom;ablGunlass taibodled Ir)this Compaot, 'this Cotnptiat•shall Yat be altered,changed,or amended axcopt by mutual aanFcnl of tbt parties in wrlang,. �ection 6.7 Camnliunce with Apglienble haws. Tke parties shall at oU times during tht pefibrmAw of thalr obligations of this ContpscL Acridly Where,to n1i appliosble faderul lawa and MV1111iions. IN tW[TN)3SS WHBUO);,tha pndcraigned duly atrtharizad of6ccra have subncrlbed their ramex on bchOf of the Stara or Washingron and Makin County, STAT$OPWASHINUTON "ON COUNTY DBPARTMBNT OF CORREMONS i eph D.• ebmau Data County coo`rr►Issi Wir Dste C FICOMMISS nor Date County t✓ommiasionor Data Stats of waghington COCO5671 page 9 of 9 Depr�rltnent�tCwrecclo�7s , Case 3:1.8-cv-05069-RJB-JRC Document 7 Filed 02/14118 Page 27 of 64 W-09-RM 12:53 MASON COUNTY JAIL 360 427 8445 PAGM P67 I RESOLUTION NO. aa-05 A RESOLUTION AN19NUINO RG.SQLUTION NO,37.02,TO WEND THE_ INTRASTATE CORRECTIONS COMPACT WITH TH5 STATE DEPARTMENT OF CORRECTIONS WHEREAS,on April 2,2002 the Board of Masan County C0hlndS8l0ner6 entered into the Washin'gton Intrastate Correotlons Compaot wlth the$tale Department of Correclione, pursuant to chapter 72,76 RCW: WHEREAS,Section 2.01 of the Compact allows for ilia extension of the COMP001 to .►une�0,zoas; WHEREAS,It is tho doeirn of Woon County to oxtend the Compact NOW,THEREFORE BE IT RE!S9LVEp by the board of Mason Cqunty Commissioners to extend the Inlrasiato Corrections Compsat W(h the State Dopartment Of Correctlans to JdhO 30,2000. ` DATED thls 1 et day of F0,ruary,2005. ATTEST: BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON ` 1 eodA S.Rogers,clock bf the Board Jdyl L,I min,C a ra 'rEQ S TO ORM; 'e L R 13 Erickson, nmias er Mike Clift,Chle De uty ProaecUlor 1 ' Tim Sheldon,Commissioner i Skate oP Washington j 'napartnent: of CotrecticMa lJ i * alII OS t7ats f r I G:1ooCUMC--'tltrklLO�-s�il7ontiptC3WVlowsriExtand Inirneteta corcectiona Cgmpact.doo ..rte........_� ........ . . .. . —.,,....y.'... . ..•. ._.....,..-_.-r.»..«,. ..... � ......_�, _.. . --- .Case 3;18-cv-05069-RJB-JRC Document 7 Filed 02/14/18 Page 28 of 64 s. 264 tzPSOLUTION NO. A RESOLUTION AMENDING RESOLUTION NO.09-05,TO EXTEND THE INTRASTATE CORRECTIONS COMPACT WITH THE STATE DEPARTMeNT OF CORRECTIONS WHEREAS,on April 2, 2002 the Board of Mason County Coinmissloners entered Into the Washinglon Intrastate Corrections GompaGt with the state Department of Correotions, pursuant to Chapter 72.78 RCW; WHEREAS,the Compact was previously extended to June 30,2009 pursuant to the terms of the Compact; WHEREAS,the Compact contains certain clerical errors which should be corrected; WHEREAS,It Is the desire of Mason County to extend the Compact; NOW,THEREFORE BE IT RESOLVED by tho Board of Mason County Commissioners to extend the Intrastate Corrections Compact,as amended,with the State bapartmenl of Correolions until such time as terminated pursuant to the Compact'. DATED this 41 day of QUM 2006. ATTEST; BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON Rebecca S.Rogers,Cler the Board Ja I L. amin,Com Issioner i APPROVED AS TO FORM: 4VJ Ring Erickson,Irnissioner ' gontybb Chlef Civil Deputy Prosecutor r C-1:. i Tim Sheldon,Commissioner Case 3:18-cv-05069-RJB-JRC Document 7 !r=iled 02/14/18 page 29 of 64 6 r l3 265 State of waahtngwin Department of Co9rJreeodOUS �- Co+xnt;iratdt No. CO CSD 5671 `+ Xxxitoxnc wP zxit No. 12 INK This Airne)addme nt Is made by the state of Washington,Department of Corrections, hereinafter referred to as Department,and Mason County, hereinafter referred to as the County, for the purpose of amending the above-referenced Contract,heretofore entered into between the Department and the County. WHEREAS the purpose of this contract amendment is to extend the Term; NOW THEREFORE,in consideration of the terms and conditions Contained herein,or attached and Incorporated and Mbdo a part hereof,the Department and County agree as follows: + Section 201 Term,Is deleted and replaced with the following; The term of thin Compact shall begin the date last signed,and continue untll i terminated as provided below. • Section 2.02 Extension Is deleted In Its entirety. ; Section 3.03 Is amended In part,as follows; 3,03.1-The*Sending Jurisdiction may demand that its Offender's be delivered to the cptody of the Sending Jurisdiction at the Sending Jurisdiction Jail, an,Washington,at anytime. These transfers will beat the Sending Jurlsdlcko 's expense and villi be conducted with the Sending Jurisdiction's staff or contracted staff atthe Sending Jurisdictlan's expanse. 1' 3.03.2 Within 14 days of receiving a good faith request,the Sending Jurisdiction will a0dept cuetody atthe$ending Judadlegon Jail,({Seattle)) alton,Washington,of any Of{enderwhcm the Recelving Jurisdiction requests la be retumed in the Sending Jurisdlotion's custody, The Sending Jurisdiction OffenOrs being returned due to medical tar health reasons shall be returned at the Sending Jurisdiction's expense. Included In such returned Sending Jurisdiction Offenders ere cancer and dialysis patients. 3.03.3 Should an Offender be returned to the Sending Jurisdiction as a result of any action by the Sending Jurisdiction or by a court of competent Jurisdiction that prevents the Offender's confinement at the Receiving Jurisdiction's Facility,the Sending Jurlsdictlon shall beer the cost. The Sending Jurlsdlallon•shall accept custody at the Sending Jurisdiction Jail In((Beawu))Shelton,Washington Immediately,under such circumstances. Additions to this text are shown by tie and deletions by((ettlkaeut)). All other terms and conditions rernaln In full force and effect. The esffactivo date of thla amendment Is.July 1,2008, F Slate of Washington C0006671(2) Page 4 of 2 " Deparim©nt of Corrections Case 3:18-cv-05069-RJB-JRC Document 7 Filed 02/14/18 Page 30 of 64 266 THIS CONTRACT AMENDMENT,consisting of two(2)pages Is executed by the parsons signing below who warrant fliat they have the authority to execute the contract. MASON COUNTY DEPARTMENT OF CORRECTIONS (-'46 -a w-om, Couro Mmminloner Oa (5lgneWr� (- .3 1 61. Gary Banning County mrnwa n r r Dols (Panted r.amaJ _ �r at Contraots Adminlstr'etor Cou Co msslon Date (TNIe) �l-rlab Ik Approved as to Form; fite contact amendment format was approved ! as to form by Tom Ydung,AAq,of the Mo of the Attomoy pamrst on April 74,1296. Approval on file. I i &talo of Weshinglon C0005671(2) Pago 2 of 2 Department of Corrootlons i 9 DYi�Y-L4aS0 Et'og'�'Q'371 pug DXL"8HS 1465-a� off '�'�•5'tl aI s�nos enpoadsaz et{;�igpaxe�e uso4 ensq te'S�iP��i�o P�n{�A$, agzoouo`68986 VAJ laopm qnmogml(j`PSI xe;uea Iewi,-M OAT'aioggsduo7 seaua o/a'a.10%slmaj sapegp oR 09sg30 ume aqz prw m"AMOO tt09eyq-9 '�i�[�RB X30�Qi°�a�°}zoudpvuvd OUR d¢e gutmp l�ePd;nna�uoseyg ag};e lis stg9u�p�dox s�tns�neI I�OAIFpg fire olg o33ou saaa9e atat{slaaj dip '��g2j-dSa9a-6t•oN,'�'4'$"[1 P�a�'-SHS-�. ax'oH'�'Q'S fl aI p;°exepzo Fgiorn(Tw alis Met waTsao•I seTxeqa 'S acogsguai seltstp ega;o aau.,,md Ota tq;v toaAae mag pee{eoaa Lrem Sgaado eapcquul quitla ymna,(m wmjim°gatol s*Mgo x)j pa^WaX ipm(4;aodeax TIM 9ozr##all°dileL'Auaooumnlpv&dldmoouvAitetAauouosex i ;a T&Mn eha aim 11012imaM Ddo 9engeausseuiaT mag asenbt a cq Imnsmd a0906,Epnev09-noggeapilodCWP 4uwo UcMKo;4aeneandsaranICweo?Ploguui izo'M-9topn9ozdascqpwaldaq;ouli@H'ctopwogusup3pgnaggc[go;oaip=m i pa"oIIllti►oTi`iW24aaapu.svnagio;=Max=gsgav,mp n •E t P -eapaesnum l%ttap SUKMDOUT-sawma8aaate pxwaat gu{luedes Losip �iiod tTQ:C��noesyyi 9aiM 6�dnioa��e�i�14�f�•�aoseYq •a nbm.4 RuVvv4 9 pae uoga$at9e9 s sae �qi�iia��3Q eai;on a�Ipi�d�aSpni�i`[4eP�nosed�a ao�e9eagea . ai�o��leC�1�xnatrtaaeld emin}.Rie gaipzele:So6rM pn�bag-jog�aap�e� �P�4nnvoao�r{�S�Qacoaoi.saox8e�axss�Fpaet�aPf�mu�}noaep+I •c . 'VAGnol6e OGalndgs eapxad eLi L NOLLYMJM P ' 9lo s el�+a� E'UZO1tA palld-ST IuawnooQ,'18a•L4ZSo•nO�Et�£asap , ti910 T£ @Md 8T/tbT/ZO Pally ITT Case 3:18-cv-05069.RJB-JRC Document 7 Filed 02/14/18 Page 32 of 64 s1 r om naugen-Longsnote v.luiaaon uyunty.jau,ex af._Pur 218 �•qv�. Case 3:ia-cv-05257-RBL. Docum3nt,l5 PIled 0719243 Page 6 of 6 7. if W.Longehore returns to the Moron County Jath hawill not bring any Sews rdattd to his cat-ant iewsufts egainst Manan county Jail or its employees,wUI not discnsathe same with Jail staff or fellowinmates and wU1tot manse)other Inmates to $lelewsulb egdpstM.swt counts',its Jell or its emplopees. i LAW,LYI+MM,AANMI, L ' 9t�pttlxtadto i J H WFt�lM 42 is ' .A far to � WA99508-1880 (360 7541480 Fay(g6o)859.5511 ids ctI 10,13 stipulated tom, ! PI I IFFPra Be Dade ' I I I i i Case 3:18-cv-05069-RJB-JRC Docume flied 02!14/18 Page 33 of 64 { h � ) /- - 7 414 Frcm: jolt(oco.masonwa,us To: Danny Owens,Shang Schoeneberg,pahlck Lopez,Robert Decker,Tammy Reeves Joseph Johnston Krystal❑ock,Warren 01swe11,Aleksancim Kruk,Robert Vasquez,Brad McQuade,Jayson Zaniewski,Dominic Navarro Angela rcvrn,Todd NByord, Sherman Cassidy,Terrance Elson,Joseph Ott,Aaron Britton,Deva Sushak,Leslie Martin,Rand;Newell,Annamada backer, Jason Dawsan,At Flamandez Subject: Longshore Date: 11-Oct-201T 119:19 Attachments: Texthim ISavel [dean] Message Id: 54DEBEB4.Mleson.mall_200.20000AO.L66164.1 By now you have found out we are holding Charles Longshore in our custody again.For you newer Deputies he was found guilty of first degree murder x2.A technicality came up and his next trial Is scheduled for April next year.Longshore is very manipulative and has a fair amount of knowledge of his rights and the law.With that In mind,Chief Hanson Is trying to get him taken in as a boarder at WCC.in the mean time use caution with him. Right now he Is housed In H-5 under involuntary protective custody.His boxes of property and legal documents will be stored In the control room,This affords us the opportunity to have it constantly on camera.The last trial he claimed we Jost some of his"important'documents.When we go through hip property we will,do it in the rec room, also ort camera.I have told'him this will be a lengthy process due to the volume of property and paperwork.It may take days.Right now he claims he doesn't really need anything other than t particular envelope.He is hoping to go to general population.So figure this is the beginning of his manipulation.Get what he wants and then start making demands. The most important thing for us,other than our safety, is documenting absolutely everything. Showers, hours out,time t t we spend going through his property,_where we did it,legal mail given to him,attorney visits,legal library,library etc. i I Hopefully he won't be here long, but vie need to stay on our toes with him. ' While writing this email he has already started demanding,screaming and pounding for his pencils and paper.Before I ending this email Longshore covered the camera with toilet paper. Sgt J Oh i ' 1 l i 5 a a r a Case 3:18-cv-05069-RJB-JRC Document 7. Filed 02/14/18 Page 34 of 64 . ► �1 �- . J 2013 Mason Counly.Jall PO Box 1037 417 N 41h St Shelton,WA 98584 Phone(360)427-9670 Fax(360)427-9197 LQNGSHOJiE;CHARLf1'J 110:2417);; ' ;• ., 10cV,1JiP0J7 Wad 07:89 PM CC nurse note-wound care HPI Patient lased by custody, PMH PUROICAL:none- MEDICAL:DENTAL caries-cyst In jaw PSYCH; SUBSTANCE: HEALTH MAINTENANCE; Allergies No Known Allergies(Updated by ASHLY on 10/11/2017 04:06 PM) Meda 1)mlrlazapine 15 mg oral tablet,1/2 tablet at night I 2)omeprazole 20 mg oral delayed release capsule,One tablet daily 3)prazosin 2 mg oral capsule,Two tablet at:nlght i 4)propranolol 40 mg oral tablet,One tablet 810 b)tare-gel Shampoo,Apply and atlow to remain on for 5 mins then rinse.Use 3xlweek 9)triamolnolone 0.1%topical cream,Use sparingly-AAA 810 7)venlafaxine 150 mg oral capsule,extended release.One lablel daily PE i NP [APerron, oer requested patient wounds be assessed after patient was lased. Patient has 2 wo9nd , middte'area of abdomen and 2 wounds to upper back thigh area where the barbs en ae cleansed With hibicieans,and the two wounds on the back of thigh covered with 2 1 dages. I ent does not appear to be In distress.Custody slates patient did not hit head,no othry.ent notified to keep areas clean and dry to avoid infection and nilly staff If any conc RN Electronically Signed By,Ashly Perron,!4N 10111117 7.25 PM Printed By:Justine Young,RN 1101311201172,23:451'M Amazing Charts -- n o I,of Pfl 1 The Information on this page Is conOdenilal. Any release of this Information require&Ilia wrlilen authatizalion of The patient listed above, Case 3:18-cv-05069-RJB-JRC Document 7 Filed 02/14/18 Page 35 of 64 Kft Cell r Xe7 MeV) /xv, ' '•, ~#L�� f,�.Gr` �!l G�T� J�.17:.4J��{ �/ � f Ir f �•!• 1�f��I' '! !.� �i� �,' .j..� i c eAm I ,r - �p� 7 ;�+r 1 tri ►// Ov W1I Otho! vd1 1 r 4 endue�. f Dato lour^ i as lie I r ,n p lVel ..; s 7) t a1 ter Orr � `•f'►n" f, Y� A 1 0 � 'l It)i��. `s��tr.'f.j,•i 'Fy.f J' r' Ff 1. �'��' �r"rLI+" "r �Imo' ,r'1 Hi 1.1c'%f , t �r, �O�l'�Y��c�rl r:r>t.� r�� . � � I 41 i" fN 71A 1 '.Ve +D !;i's el i r',10i7ee jC^- rzerr;g y i VP Uiev Ai4' ' A I T -yr,,,t'"*JAwo. ��.�'/7'• [.:r•t:rojh``p/(1 �Y!'�CI�'Sf•�r rRJ t �:"1 .�a 'AI•� 1' r K1a ,_ ��L�lf I"l�'... �..'Ksti.. . ,F1 t1�t �r��•ti S.�(. �f I.•� ri,M(-, .1''�}".?i� '{ �:1�� rr.�� 'i.'� F�:��fy °C'7.�F �' RaQeived hy: Date b�j" a�►�. . Handletl"by. ` ;, Data' 11 Case9&B-JRCme Page 36 of 64 M11- 'a ' R. - j jr, o0 • Qjr, - 0 10/16/2017 To; Inmate Charles Longshore • Re: Grievance and letters dated 10/12, 13,and 1512017 • i From: Chief Hanson i#1-Grievance dated 10192/2017-related to the Ilse of Force- i have reviewed the use of force rendered upon you by our staff, I fopnd you were disrupting the orderly E operations of our facility by kicking on the door,yelling through the doors,-whlch was ; Inciting a mentally III Inmate in an adjacent cell, and you had covered the security camere In your room. In order to protect the orderly and safe operation of this facllity, ' MY staff entered your room to remove the covering from the camera and window, . You attempted to punch Corporal Deoker'and subsequent force was used to enforce I the fall rules and protect the safety of our staff.Your grievance is unfounded. 92- Letter Gated 10/13/2017-In exchange for appropriate behavior as an Inmate In our facility you demand additional recreation time, law library, and vlsltetion,VVe will not negotiate Jail ryles.Your treatment, rights, and privileges are outlined in the Inmate handbook, whloh Is currently In re-write so you may see a new one In the near future, Yod will receive sanctions for non-oompliance with Jail rules and will be treated the same as any other Inmate In this facility. Your compliance with the rules wl11 directly affect the outcome#o your access of privileges and programs, #3-The classification policy referred to In the Stipulation dated 07/02/2013 has been re-written, Your housing has been classified as'Involuntary protective custody,We have temporarily placed you Into this classificatlon for your safety and protection as well as the safety end protection of others in this facllity.•Your request to change . classification will be rovidwed by the olassiticatlon committee which meets weekly. Compliance with jail rules will afford you opportunities to have your classtflcatlon changed. i Case 3:18-cv-05Q69-RJB-JRC Document 7 Filed 02/14/18 Page 37 of 64 P 212 Mason County Jell PO Box 1037 417 N 41h SI Shelton,WA 98564 Phone(360)427-9670 Fax(360)427-9197 LaNt�sHoRE; HpRLes;t_ _ �,.. �.id:24j7S - i; t' , ; a A l.4,1201 ."sat 10 47 AM CC Nursing note-medication Interactlon? NPI Pharmacy concern about possible drug Interaction PMH SURGICAL:none MEDICAL:DENTAL caries-cyst in Jaw PSYCH: SUBSTANCE: HEALTH MAINTENANCE: Allergles No Known Allergies(Updated by ABHLY on 1011 112017 04:06 PM) 1 . t Meds 1)mlriazapine 15 mg oral tablet,112 tablet at night 2)omeprazole 20 mg oral delayed release capsule,One tablet daily 3)prazosin 2 mg oral capsule,Two tablet at night 4)propranclol 40 mg oral tablet,One tablet BID 5)tera-gel Shampoo,Apply and allow to remain on for 5 mins then rinse:Use 3ltlook 6)Irlarmclnolone 0,1%topical cream, Use speringly-AAA BID 7)venlafaxine 150 mg oral capsule,extended release,One tablet daily . f Vitals BP:110182 Pulse:92 PE A/P [IMpparent distress.VSS as noted above. cerned that he Is MRSA carrier and he has 2 wounds circular in nature from lazer gun or right flank.Spots do not seem to be any area of concern as their Is no beat, or oozing.I covered wlth large tegaderm to help inmate keep his hands off of it. iven precautions for infeciionlabscess and heverbalized undarslend)ng, ly BP/HR N Electronically Signed By:Rally Troll,RN 10114/17 11:03 AM Printed By:Juslina Young.RN 1013112017 2:24:21 PM r .EPa994 911 The information on this page is confidential, Any release of this Information requires The wrltlan suthcrization of the patient listed above. 1 Case 3:18-cv-05069-RJB-JRC Documerfry iled 02//14118 Page 38 of 64 441 Shedff-Casey Salisbury �. MAM Fir . I October 11,2017 DOC Classifications Manager John Campbell P.O.Box 904 I Shelton,WA 98584 i RE; Longshore,Charles S.Ill DOC#332121 I I am requesting you house one of our inmates,Mr.Charles S Longshore,DOC#,DOB 05-07-1994. ! Mr.Longshore is coming back to our facility after the Washington Court of Appeals over turned a Jury trial conviction 12-1-00219-3 Aggravated Murder 1 time 2.The reason for the request Is that Mr.Longshore is a high risk inmate,one of the victim's brothers is currently in custody here at the Mason County Jail,furthermore Shelton and Mason County is a small community that Mr. Longshore has many ties to,and If Mr.Longshore was housed as a border it would prevent the possible of pointless lawsuits against the Mason County Jail. We are asking for your assistance In housing Mr.Longshore before and during his trial In 2018, i Sincerely, Chief Kevin Hanson Case 3:18-cv- 506 �4nn t 7 t f 4 ' STATE OF WASHINGTON rv ' DEPARTMENT OF CORRECTIONS Offender Change Division—Classification Unit Nov P.O.Boz 41128 o Olympia. WA 98504-1128 Gtr1 October 24,2017 Chief Kevin Hanson l Jail Administrator S .NI MIA Mason County Jail 322 N 3"1 Street Shelton,WA 98584 RE: Longshore,Charles DOB: ;'': DOC#: 332121 SECURITY►'TRA M Dear Chief I lansom Pursuant to Contract Number COCO5071 between Mason'County and the Washington State Department of Cormctions,.the Department will accept Charles Longshore,as a boarder from Mason County. Mr. Longshore will be housed at Stafford Creek Con-ections Center—Intensive Management Unit(SCCC- l1viU), located at 191 Constantine Way Aberdeen, WA 98520. I This will be a day-far-day exchange,boarder dtty for jail bed day, Mason County wilt be responsible for all non-emet genoy trausports,to include transportation to and From any court dates and scheduled medical appointments,Mason County will reimburse the Department For all costs associated with extraordinary medical core such as specialty consults,dlagnoWcs,dialysis,emergency transportations(ambulance lfe flight),emergency setvices and hospitalization. Mason County is also responsible for all costs associated with non-routine medical,dental or mental health care including,but not limited to,e�-traordina y medical i care,high cost pharmaceuticals,•durnblemedical equipment and supplies. I£additlonal staff are needed to care for the offender,such as 1:1 watch for safety or assistance with activities of daily living*,Mason County agrees to reimpume,the Department for the cost orsuch care. Please contact the SCCC Shift Lieutenant nt(3 60)537-1946 or Correctional Records Supervisor Pam Iverson at(360)537-2216 to schedule the dale and time of dellyery. The facility requests you deliver Mr. Longshore no latter than 3;00 prn during regular business hours. Mason Counry--vill be responsible for notifying the Nurse Desk,Correctional Records Supervisor Pam Iyerson and my office.if and when placement for Mr.Longshore is iio longer needed. 1 f i can assist with Anything at all,please do not hesitate to contact my office at(360)725-8014. Sincerely, John Campbell,Classifiaarion and Case I'dA tagement Administrator JC:jl:3321211102-1.17 "Working Togetherfor SAFE Com'munlfles" i Case 3:18-cv-05069-RJB=JRC Dowiy�7 . iI V 4 a , L STATE OF WASHINGTON DEPARTMENT OF CORRECTIONS Offender Change Division—Classification Unit P.O.Box 41128 0 Olymple,WA 98504-112$ cc: Sheriff Casey Salisbury, MCSO UndersheriffJim Barrett,MCSO Corporal Robert Vasquez,MCJ Ronald Flaynes,Superintendent,SCCC Dan Van Ogle,Associate Superintendent,SCCC Jeneva Cotton,Associate Superintendent,SCCC Thomas Boron,Connectional Program Manager,SCCC Stef2nie Baltzell,Correctional Unit Supervisor,SCCC Pam Iverson,Correctional Records Supervisor,SCCC ; Nurse Desk i File l "Working Together for SAFE Conimunitles" f � ►� �t1.�15' �tiy��. �N I�e1Qt,n Ut �t��au� � c� 1-�sv�,c� 1+v�k %Wv ANA k �Vnojd-aap Awl :r � --w{,rJ Av o tA ►� . —m vrM Vp(\V ..a�sum- C4. h892b bft) 0+1 am Aj Lill 193F30au �Q `9d ' ti910 Ib a i i i Ca7SM-p"5F667- k Doc. nt FI 02/14/18 Page 42 of 64 PGVt -------------------- Z c7C"� i �or�.S H�•u�+C9n �p C��+el . rt h1�a, b,ove. 2 cstii �h& are SQ r4ous' 06A i. r my �Wnj CL ,. e)r Wj ip,t Cj•�s Vim, pej v? 1PfYAA ly, Xi(!. 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NOV 20 P 3= 4� ' , JQ we- r , Y 1 � C�fse,3`1��W5Q�-RJB-JRC S o um t 7 i /14J18 Page 48 of 64 f C !1Q G� �s1_�rro y r �jl Cc r QC�1C��Gcvic�Y 100 C., I ap-"4 AO e/lLorr 01 ------•�- -�✓.r-I-1�I�I.L.I�f-".�.�f��-�11�`3',�,__�1_r�:C11�-1"C�.7��_l_�GV.��1��P- '•-- _ .�_ �.s.1��.•1-7�.r�,�_�:�.�Y.L�C�.cf�i1_G.�scc�_L,I�G�-Q;�.C�.1_�� _ .........,._._._ •4 � 4 'T � i i i t( � � � l f t � � 4 r4 i•. 1 � Y E � 3 � � i � 1 � � i r j j '3 ! J4 EQ . ^' l�� t`^ �Er.. !r4. "tip '.'�• � 1... .F� < s r Y' f� :iw tt }� �' . "� ��.r. ':.f '�v Y:' � `•4��`,}r,•� f V .,,,,.. ! •�IK- •�-'• ' ;�•• � ,F.,� !•y;. 7 �'•— t:`.'. is W AS4, ;� �# ., S9.• va 1+ t 4 �.+ y� },�'q i tia��r� yam. L., �••�• � �'. .� w } T��• � . .� � {•t., �.�.•�,.�` fes♦ �. } i�,'{. ; �5` '�� 't4,. '� .2'•<l �.#"`- -- i �� .r.-- IZZ r ; �•.�•sf f- •`-t ` �-E{�,{� •� '�•s"s � , .j � �, I•�, i � �•.� i' i' •`..•,� r„� i,i.._ `vr.GO { . ,,, �`� _•.� .4 ••� }.i�T. �•, �'F'i��+� ..,r l�`l�i� � I� .'. '� t•" � � d� i � �4 ` 1 G.� E r� j�G`- i L. j..t. r.•+� fr• ', t • 1�y ( y •^f co fill- -4 E "ILEA .`+'�'>, i� ..yam t f" "�• !� L'd i' jr CL CD • - � ; ,�' � -.. � i tom' rr..."� � `` • . - ..•' S;-. ',may i �`•� � � 1 7 �' � + � r �` L•� "`• ¢'mss :y� �` � ;. � +��(� � � ;3��... . � .�,�, i 3 :w� ,.� T��`�, t,,� ►�••_ F� 1 ; +.. j its (mss 3 RJB- Do "nzRleqkOM4118 Page 50 of 64 219 l 1 'r -,�-V"-- I I g,� To: Charles:Longshore ; She ' ,Sal 40ury 1Q2?.-5;Of17 1 Re: :La0teWe AmA2;W s Lorvshom r I Lvngshore, .a., , read,ourti r,a er..I will discuss your concerns with Chief Hanson atlePe rrirsytoa p�qffice. Sheriff.-Salisbury 4r llo` Y � �� •i:' � I �. {; {� � �-� t�i f �?9;�� :�E��I��+!!yt•yid:.., ,�%••� }4Y.. �sct 05[ ,�}fJB-JR lye 51 of 64 ifi�vV sovke and dafq ��tbt LO�k To; Inmate Charles Longshore From; Sheriff Sallsbury Date: 10/31/2017 ' Re: Grievance dated 10/24/2017 related to contract housing. ; We are In recelpt of your grievance/complaint relating to.your housing assignment. We appreciate you using your due process procedures to address your concerns. i Your transfer to another.facillty was based on your safety, the safety of other Inmates, the safety of the facility, the orderly operation of our facility, and the donstltutlonai mandates,of our faclilty, Your transfer Is not for punitive purposes, Your risk score is 30, which is more than twice the number associated with a maximum-security inmate. Your resulting stay here would be In Involuntary i protectivs custody, or disciplinary segrega#lon (If your behavior OIdn't Improve from the first weak here), We have limited rooms to house an Inmate with your significant I threat level and we have limlted staffing to safely,_securely, and efflclentiy house you for extended periods of time. { Your now housing assignment Is further away from the court of Jurlsdiction, but there i are plenty of venues for you to communicate with your counsel. ' YOU were in our facility for 13 days and under our facilities medical care.whlch Is a I dontinuatlon of the care you had at WCC prior to being booked'here on October 111h. You didn't acquire a Vserfous" medical need In 13 days.Additionally, WCC has its own lnfirmary.and 24-hour healthcare; as you know because of facility design, funding, and staffing we only offer limited medical services, Based on your serious medical claim your transfer to WCC prevlcles,you a standard of care that Is of great Interest to your well-being, i 4 9 I i y��J �.�� .��a�.� /' j• ''F'�1 ' j R y1 �1� ft� ^� �'• ,~� K f ` r IAV • ~•� 1��i'"11;•°f'� j.'I h + ��.� �� I�n� {•J� �/�" A�;;i�}.,� '�`�.".! ' `�� 1 .'�r� '�i�'i I�.j� i 11 � ( • �( � It �'+.f,'J, tii,�a'.� ref ��i..�• ,� i"f t IL',J�� 1.41 .. y..Sl• •�,fq t'� 11. 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ESO t{ 'v' � ` �.;� ,.�•, . ....;.. �.__..� f;~� ��- Jr1 ?.f�` ' 1-'� ,:f r:'� t 'f'j fAry�.J 1��i�(►�� ;//•� /�,x� . oil ' ti ' •' �•` 5A LOr 4 V9!O Z5 abed 86 w w w 6b-RJB-JRC _ age 53 of 64 l For the reasons above, we believe your housing assignment at WCG Is In your best interest for safety, the Interest of the Inmates In the Mason County Jail for their safety, the orderly and efficient operations of the facility, and to facliltate.your oonstitutional rights as an Inmate under the care of the Mason County Jail, ' I • i i 9 • it �rt•i'�''terV. Y!R?r=� Cr;. : 1tt.' ,, t k ' .SCS:': ,Q'•'A s.�,fi)...,,,;�..a.}7::i •Ii!}�.•:.�?irij �r'� • ;:�t e:;•- � } ;r!..i.r i y�;j.:'..r�i' ,,:y�,ri•• f 1Q' r ,i'fi:I.kJ•Y::�;^.[r��it't�'i ci,l.�jti'�.''•r,C:`•. -i`. 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' t1. t . .}�• .,�� ..r. ,l•? I'1 [L'1;�X1��,3'[-+Ar ' �1, � ••s i r' �{.s rilit.l, . ,..77 •ti t ` 1)�'t r:y•,ii, , 4.r7`�S�}L, :,H;;.Ne,=�; :• ' •I ,j. •ji: .qtr•'.:�5i,.'i 'tl�' ,!3' ��$;,r:4.. i I't' ,l[�' �y4r'.�''! 1; :.F i Casa 3:18- 5 6 - J R m Filed 02/ 4/18 ' a 55 of 64 � � ' pbv � . PLICABILrrY STATE OF WASHINGTON PRISON DEPARTMENT OF CORRECTIONS EFFECTIVE DATE PACE R NUMMIR 613113 1 of 11 DOC 330.605 TLE POLICY INTRASTATE BOARDER AGREEMENTS REVIEW/REVISION HISTORY: Effective: 6/3/13 SUMMARY OF REVISION/REVIEW: New policy,read caref illyl I t I APPROVED: �! i Signature on file ! =3113 BERNARD WARNER, Secretary Date Signed ! Department of Corrections • Case 3:18-cv-05069-RJB-JRC Document 7 Filed 02/14/18 Page 56 of 64 STATE OF WASHINGTON APPLICA81 ITYPRISpN DEPARTMENT OF CORRECTIONS EFFECTIVE GATE' PAGE NU BER �NIOER�� 613!13 2 of 11 DQ TT POLICY INTRASTATE BOARDER AGREEMENTS i REFERENCES: DOC 100.100 Is hereby incorporated into this policy; RC 10.01;.RCW 10.77;fjCLW 13.40; f BCW 39.34; ROW 70.40; RCW 70.48; RCW 71.05; C 7 .09; RCW 72.02; RCW 2.Og� RC 72.78; DOC 280.525 Records Management; DOC 320.255 I IMU/ITU/Searegati Health nlMen#al . Incident and Significant Event Reporting l POLICY: I. The Department will establish and maintain intrastate agreements to maximize existing 1 resources'and provide adequate housing and/or health care for certain offenders with i documented medically necessary health care needs and/or safety and security Issues that cannot be reasonably addressed by the sending (i.e., city, county, or state) jurisdictions. A. Per RCW 72,76, persons subject to transfer under these agreements may Include offenders convicted of a crime(s) and pretrial detainees charged with a crime(s). 11. The Department will ensure that sending Jurisdictions receive a day-for-day exchange of violatorlboarder beds and the Department receives reimbursement from sending ! Jurisdictions for costs associated with: A. Transportation B. Legal services , C. Extraordinary medical care (i.e., medically necessary care that is not commonly available through facility Health Services and/or incurs additional costs) D. Other non-routine expenses ill. Reimbursement to and from the Department will comply with Office of Financial Management guidelines and applicable agreements/compacts and treaties, memorandums of understanding, local ordinances, and state and federal laws. IV. Any exceptions to this policy will be made by the Secretary/designee. DIRECTIVE: I. Screening A. The Department may only consider for transfer offenders/detainees with documented medically necessary health care needs and/or safety and security issues that cannot be reasonably addressed by the sending jurisdiction. 1- Boarders housed in Department facilities at the time this policy takes effect will continue to be housed and supervised per this policy. Case 3:18-cv-05069-RJB-JRC Document 7 Filed 02/14/18 Page 57 of 64 4 APPLICABILITY STATE OF WASHINGTON PRISON DEPARTMENT OF CORRECTIONS EFFEGTIVE DATE PAGENUMBER NUMBER 6/3/13 3 of 11 DOC 330.605 T17LE POLICY INTRASTATE BOARDER AGREEMENTS 2. The Department will not consider the following offenders for transfer under an Intrastate agreement: a. Offenders/detainees under the age of 18. b. Offenders/detainees confined by a court ordered mental health evaluation under RCW 10.77. C. Offenders/detainees whose medical/mental health needs can be reasonably addressed with available resources within state hospitals or-the local facility or community, as determined by the Department. 3. On a case-by-case basis, the Department may also decline to transfer the following offenders: a. Offenders/detainees on suicide watch/precautions without a mental i health evaluation or an assessment from a qualified professional clarifying the specific need for mental health services that the local facilitylcommunity does not have the resources to provide. 1) The need for a watch alone does not qualify as the provision of mental health services. i b. Offenders/detalnees being held on misdemeanor or gross j misdemeanor chargestconvictions only. S. Any jurisdiction seeking to transfer an offender to the Department must submit Its ' request to the Department's Classification and Case Management Administrator. The sending jurisdiction must: 1. Include all available documents listed In DOC 07-035 Intrastate Agreement Transfer Packet Checklist. 2. Return the completed DOC 13-493 Boarder Health History Questionnaire, i with copies of ail pertinent medical/dentallmental health records, to the Department's Health Services Division. C. The Classification and Case Management Administrator will distribute the packet to the Intrastate Agreement Panel for consideration 1. The Panel will consist of the following, or their designees: a. Assistant Secretary for Prisons b. Director of Offender Change Y Y 4 Case 3;18-cv-05069-RJB-JRC Document 7 Filed 02/14/18 Page 58 of 64 APPLIC LITY STATE OF WASHINGTON PRISON DEPARTMENT OF CORRECTIONS ` EFFECTIVE DATE PAGE NUMBER NUMBER 6!3/13 4 of 11 DOC 330.605 TITLE POLICY INTRASTATE BOARDER AGREEMENTS C. Director of Executive Policy d. Chief Medical Officer,when applicable e. Chief of Psychiatry,when applicable f. Risk Management Director, when applicable g. Classification and Offender Programs Administrator 2. When applicable, the Panel will include a representative from the Attorney General's Office. l 3.. For requests Involving female offenders/detainees, the Panel will also Include the Supedntendent/designee for the Washington Corrections Center for Women (WCCW). i D. If the Panel approves the request, the Classification and Case Management Administrator will process the packet and forward the Panel's recommendation to the Secretary/designee (or review. 1. if the Secretary/designee approves the transfer, the Classification and Case Management Administrator, who Is also the Intrastate Agreement Contracts Manager,will search the Enterprise Contracts Management System (ELMS)to determine if an Intrastate agreement with the sending jurisdiction already exists. a. If a current agreement already exists,the Classification and Case i Management Administrator will review the agreement for applicability to the boarder's transfer. If the agreement is applicable, the Classification and Case Management Administrator will send the agreement and acceptance letter to the sending jurisdiction. b. If there N no current agreement, or if the current agreement is not applicable, the Classification and Case Management Administrator will start a request per Contracts and Legal Affairs Unit protocols to establish a new intrastate agreement with the sending Jurisdiction. I) The offender will not be accepted until the Intrastate agreement Is signed and returned by the sending jurisdiction. 2) Both an original Intrastate agreement with the Secretary's signature and the acceptance letter under the Secretary's signature will be sent to the sending Jurisdiction. I Case 3:18-cv-05069-RJB-JRC Document 7 Filed 02/14/18 Page 59 of 64 APPLICABILITY t STATE OF WASHINGTON PRISON DEPARTMENT OF CORRECTIONS EFFECTIVE DATE PAGE NUMBER NUMBER 613113 5 of 11 DOC 330.605 TRLE POLICY INTRASTATE BOARDER AGREEMENTS E. If the Panel denies the request,the Classification and Case Management Administrator will: 1. Immediately notify the sending jurisdiction of the denial and the reasons for the denial, either electronically or by telephone. 2. Send the sending Jurisdiction a denial letter, which will specify the reasons for the denial and include any original request documents submitted. i 3. Electronically maintain copies of all denial letters, request documents,and i other related records per the Records Retention Schedule and DOC 280.525 Records Management. f F, The Headquarters Classification Unit will process all cases approved by the Secretary/designee for transfer. 1. The Classification and Case Management Administrator will notify each of ' the following in writing of the pending boarder's transfer: a. Sending jurisdiction' ; b. Receiving facility's Superintendent, Health Care Manager, Local Business Advisor, and Records Unit C. Utilization Management Offlce/Nurse Desk d. Correctional Records Administrator e. Purchasing and Accounts Payable Manager f. Medical Program Specialist In the Medical Disbursement Unit 2. A copy of the DOC 13-493 Boarder Health History Questionnaire and copies of all pertinent medical/mental health records will be provided to the receiving facility's Medical Director. fi. Department Responsibilities A. The Department shall supervise boarders transferred to Its custody. B. The faellitywill coordinate the transfer of boarders between the facility and sending jurisdiction. C. The Department will afford boarders the opportunity to access services similar to those provided to Department offenders housed with the boarders. D. The Department will manage boarders and offer them the same programming and treatment opportunities as similarly situated Department offenders. Case 3:18-cv-05069-RJB-JRC Document 7 Filed 02/14/18 Page 60 of 64 APPucABILITY STATE OF WASHINGTON PRISON DEPARTMENT OF CORRECTIONS EFFEGTA DATE PAGE NUMBER 613113 6 of 11 DOC 330.605 TITLE POLICY INTRASTATE BOARDER AGREEMENTS 1. The Department may place a boarder at any major Department facility deemed appropriate for the safety, security, and medical concerns. Boarders will be housed either In a medicallmental health unit or an Intensive management/treatment unit,as appropriate. 2. Boarders are required to follow all Department and facility specific rules, and are subject to administrative discipline by the Department. 3. Currently, the Department does not provide employment to offenders housed in the units that house boarders. If this changes: a. The Department shall not require pretrial boarders to work, but will offer them the same work opportunities as similarly situated i Department offendefs. b. The Department may require all other boarders to work, the same as similarly situated Department offenders. C' Boarders will receive the same compensation as Department , offenders performing the same work. E. Boarders will have access to the courts. Legal access for pretrial boarders is essential to allow preparation for their defense and will include, but not be limited to: 1_ Ample access to consult privately with counsel 2. Access to legal materials 3. Meaningful access to the courts and the judicial process F. Upon a boarders arrival at a Department facility, the facility shall provide an ' orientation. This orientation may be a facility handbook and at a minimum will include: i 1. Facility rules and disciplinary procedures 2. Information on accessing health services 3. Visitation rules 4. Requirements to work 5. Information on legal access G. The sending jurisdiction may request specific information on the boarder from the Director of Offender Changeldesignee, who will coordinate with the receiving facility to provide the requested inforniatlon. H. The Department will Inform the sending jurisdiction of all significant incidents and send it all related documentation. Case 3:18-cv-05069-RJB-JRC Document 7 Filed 02/14/18 Page 61 of 64 APPLICABILITY STATE OF WASHINGTON PRISON DEPARTMENT OF CORRECTIONS EFFECTIVE DATE PAGE NUMBER NUMBER 6/3/13 7 of 11 DOC 330.605 TiTLE POLICY INTRASTATE BOARDER AGREEMENTS I. The facility housing the boarder will Immediately notify the Assistant Secretary for Prisons/Headquarters Duty Officer In the event of a death, escape, major medical Incident, or other emergent situation Involving a.boarder, per DOC 400,100 Incident and Significant Event Reporting. 1. The Assistant Secretary for Prisons/Headquarte'rs Duty Officer will notify the Director of Offender Change, who will notify the Secretaryldesignee, the Secretary's other direct reports, and the sending jurisdiction, 2. In the event the boarder is transported off facility grounds, the Shift Commander will notify the sending jurisdiction. ; J. If a boarder requires extraordinary medical care, the Department will follow the s guidelines In the Offender Health Plan. Certain services will require approval by the Department's Care Revlew Committee. The Department will obtain pre- i authorization from the sending jurisdiction whenever feasible. 1. When pre-authorization Is not feasible or cannot be obtained, the Department will provide medically necessary care and notify the sending i jurisdiction as soon as practical, Notification must be made no more than 4 hours after transporting the boarder to a medical facility and before any i hospital admission. a. If the boarder Is admitted to a hospital,the sending jurisdiction will provide security and supervision for the offender as soon as practical. 2. Authorization will be documented in OMNI-HS. K. The receiving Superintendent may make a recommendations)to the Director of Offender Change/designee regarding the boarder's suitability to remain in a Department facility. _ I L,, With appropriate notice per the intrastate agreement between the sending jurisdiction and the Department, the Director of Offender Changeldesignee may ask the sending jurisdiction to remove the boarder from the Department facility. III. Sending Jurisdiction Responsibilities A. The sending jurisdiction shall retain jurisdiction over a transferred boarder. B. The sending jurisdiction shall deliver the boarder to the designated Department' facility on the date and time specified by the Department, as coordinated between the facility and the sending jurisdiction. The facility Records Unit will notify facility Health Services of the arrival date and time. i ► Y ► Case 3:18-cv-05069-RJB-JRC Document 7 Filed 02/14/18 Page 62 of 64 APPLICABILITY - STATE OF WASHINGTON PRISON DEPARTMENT OF CORRECTIONS EFFECTIVE E PAGE NUMBER NUMBER 6/3/13 B of 11 DOC 330.605 TIT E POLICY- INTRASTATE BOARDER AGREEMENTS 1. At the time of transfer, the sending jurisdiction shall provide one set of the boarder's personal clothing and shall search the boarder's clothing for contraband. In addition to the clothing, the sending jurisdiction may transport the boarder's personal property items, limited to the following: a. Dentures b. Prescription eyeglassFri,/ C. Wedding ring,withoutamonds, stones, or a raised surface that j poses a security cane5 d. Telephone/address book e. One 10"x 12"x 18" ox of legal documents/papers ti f. Approved Durable edlcal Equipment(DME) g. 3 day supply of a y medications prescribed to the boarder by the ; sending jurisdic on's medical authority G. The sending jurlsdiction mut notify the sentencing court(s)of the name, charges, cause numbers, and transfer date of the boarder. j i D. The sending jurisdiction hall notify the Department, in writing, of the boarder's I release date. i E. The sending judsdlctio shall be financially responsible for: 1. Legal services rovided to the boarder, including services associated with his/her challe?6e of the transfer. 2. Extraordinary medical care and/or emergency medical expenses incurred i by the boarder. This may include costs associated with emergent transport and supervision. 3. Transporting the boarder to and from court appearances, non-emergency medical appointments, death bed visits, and furloughs. This may Include providing the transportation directly. 4. Any other non-routine expenses incurred by the boarder. F. The sending.jurisdiction will notify the Nurse Desk/Medical Duty Officer at Department Headquarters, In advance, of any scheduled medical appointments for the boarder to assist In coordinating transportation and continuity of care. 1. At the time the sending jurisdiction returns the offender to the facility, it will provide all relevant documentation and/or future appointment information to facility Health Services personnel, who will forward copies to the Headquarters Nurse Desk. Case 3:1$-cv-05069-RJB-JRC Document 7 Filed 02/14/18 Page 63 of 64 APPLIC B -TY STATE OF WASHINGTON PRISON DEPARTMENT OF CORRECTIONS EFFECTIVE DATE PA E UMBER NUMBER 6/3/13 9 of 11 DOC 330.605 'nTLE + POLICY INTRASTATE BOARDER AGREEMENTS G, The sending jurisdiction will notify the facility Records Unit, in advance, of any scheduled court dates to assist in coordinating transportation. 1. At the time the sending jurisdiction returns the offender to the facility, it will provide the facility Records Unit with all relevant documentation or future court dates, and the facility will forward copies to the Classification and 1 Case Management Administrator. I H. The sending jurisdiction will Immediately notify the Department's Classification and Case Management Administrator If It finds the boarder has: i I 1. An active court ordered mental health evaluation under ROW 10.77 2. Been found mentally III under ROW 71.05 3. Been classified as a sexually violent predator under RCW 71.09 1. The sending jurisdiction shall be responsible for disclosure of public records to 1 the boarder and any costs associated with disclosure of those records, unless the Department generated those records. J. In the event a pretrial boarder Is transferred to another jurisdiction, the sending jurisdiction shall notify the boarder and the Department of the date the sending jurisdiction will transport the boarder to the other jurisdiction. I i IV. Return to Sending Jurisdiction A. If at any time the boarder ceases to meet the Department's screening criteria for documented medically necessary health care needs and/or safety and security Issues that cannot be reasonably addressed by the sending jurisdiction, the sending jurisdiction shall retake the boarder following the terms of the intrastate i agreement within 7 days of the request. 1. If the sending,jurisdiction does not retake the offender within 7 days, the Department will return the boarder at the sending jurlsdlction's expense, f i B. If at any time a boarder Is found to have an active court ordered mental health evaluation under RCW 10.77, the sending jurisdiction shall immediately retake the boarder at its own expense. C. At any time, the sending jurisdiction may retake the boarder at Its own expense after Informing the Director of Offender Change/Classification and Case Management Administrator, following the terms of the Intrastate agreement. Case 3:18-cv-05069-RJB-JRC Document 7 Filed 02/14/18 Page 64 of 64 APPLICABILITY STATE OF WASHINGTON PRISON DEPARTMENT OF CORRECTIONS CTI E PAGE NUMBER UMBER' 613/13 10 of 11 DOC 330.605 . nINTRASTATE POLICY BOARDER AGREEMENTS V. Release A. The Department will return a boarder to the sending jurisdiction at the sending jurisdiction's expense no later than 48 hours prior to the boarder's scheduled release date. I B. Prior to release, if a boarder is housed In an Inpatient medical or mental health unit, the sending jurisdiction will contact the facility Medical Director/designee or Headquarters Nurse Desk to coordinate the release and ensure continuity of care. VI. Reconciliation of Costs A. The Department's Headquarters �inanclal Coordination Unit will bill the sending jurisdiction monthly for all costs associated with extraordinary medical costs. i 1. The Headquarters Medical Disbursement Unit will: I a. Compile all medical claims and documentation Including, but not limited to, consultations and chart notes for reimbursement purposes. { b. Forward medical billings - 1 g and documentation of pre authorization to the Headquarters Financial Coordination Unit/designee. 2. The facility Local Busln�ss Advisor will compile custody and transportation costs, and forward them to the Headquarters Financial Coordination Unit/ designee. 13. Each month, the Department and the sending jurisdiction shall reconcile the number of offender days accrued. j 1. An offender day is any day the boarder Is In Department custody, 1 excluding any day that is the financial responsibility of the Department under state law. 2. For calculation purposes, a boarder's offender days begin the day the Department takes custody, and end at midnight on the day: a. Immediately preceding the day the offender Is released or returned to the sending jurisdiction, b. The offender Is sentenced to the Department, or i i REQUEST FOR DEFENSE OF OFFICERS AND EMPLOYEES OF MASON COUNTY NAME OF CASE: Charles S Longshore CASE NUMBER: 3:18-CV-05069-RJB-JRC COURT: US District Court EMPLOYEE/OFFICER REQUESTING DEFENSE: Joseph Ott COMPLAINT—ATTACH COPIES OF ALL DOCUMENTS RECEIVED. DATE COMPLAINT WAS RECEIVED: 02/21/2018 FROM WHOM RECEIVED: Charles S Hamilton, III 7016 35th Ave NE Seattle, WA 98101 9 REQUEST FOR DEFENSE: PURSUANT TO MASON COUNTY ORDINANCE NUMBER 06-18, I AM REQUESTING THAT MASON COUNTY PROVIDE FOR MY DEFENSE AND ANY NONPUNITIVE AT COUNTY EXPENSE. i I UNDERSTAND AND AGREE THAT IF ANY TIME I FAIL TO COOPERATE WITH THE PROSECUTING 3 ATTORNEY'S OFFICE OR OTHER ATTORNEY RETAINED BY THE COUNTY OR, IF EVIDENCE INDICATES THAT I WAS NOT ACTING EITHER IN GOOD FAITH OR WITHIN THE SCOPE OF MY OFFICIAL COUNTY DUTIES,THE COUNTY MAY WITHDRAW ITS DEFENSE IN WRITING.I FURTHER UNDERSTAND AND AGREE THAT I MAY NOT ENGAGE IN ANY OF THE FOLLOWING ACTS REGARDING THIS CASE UNLESS SPECIFICALLY AUTHORIZED BY THE PROSECUTING ATTORNEY'S OFFICE OR OTHER AGENCY REPRESENTING ME ON BEHALF OF THE COUNTY: 9 (1) NEGOTIATE OR OTHERWISE AFFECT THE SETTLEMENT OF THE CASE; (2) MAKE AN ADMISSION OF LIABILITY (3) DISCUSS THE CASE WITH PERSONS WHO ARE NOT AN ELECTED OFFICIAL, DEPARTMENT HEAD, PROSECUTOR, AN OT COUNTY EMPLOYEE INVOLVED IN THE CASE, OR OTHER ASSIGNED ATTORNEY. 3r8- 18 DATE OFFICER/EMPLO*E/V01917TEER REQUESTING DEFENSE Mason County Board of County Commissioners authorize payment for the defense and any non-punitive monetary judgment for Joseph Ott based on the Ordinance 06-18. Mason County reserves the right to pay punitive monetary judgement entered against Joseph Ott until a judgement has been awarded. ❑ APPROVED DATE: ❑ DENIED DATE: s COUNTY COMMISSION CHAIR REQUEST FOR DEFENSE OF OFFICERS AND EMPLOYEES OF MASON COUNTY NAME OF CASE: Charles S Longshore CASE NUMBER: 3:18-CV-05069-RJB-JRC COURT: US District Court EMPLOYEE/OFFICER REQUESTING DEFENSE: Joseph Johnston COMPLAINT—ATTACH COPIES OF ALL DOCUMENTS RECEIVED, DATE COMPLAINT WAS RECEIVED: 02/21/2018 FROM WHOM RECEIVED:• Charles S Hamilton, III 7016 35th Ave NE Seattle, WA 98101 REQUEST FOR DEFENSE: I PURSUANT TO MASON COUNTY ORDINANCE NUMBER 06-18, I AM REQUESTING THAT MASON COUNTY PROVIDE FOR MY DEFENSE AND ANY NONPUNITIVE AT COUNTY EXPENSE. j I UNDERSTAND AND AGREE THAT IF ANY TIME I FAIL TO COOPERATE WITH THE PROSECUTING ATTORNEY'S OFFICE OR OTHER ATTORNEY RETAINED BY THE COUNTY OR, IF EVIDENCE INDICATES THAT I WAS NOT ACTING EITHER IN GOOD FAITH OR WITHIN THE SCOPE OF MY OFFICIAL COUNTY DUTIES,THE COUNTY MAY WITHDRAW ITS DEFENSE IN WRITING.I FURTHER UNDERSTAND AND AGREE t THAT I MAY NOT ENGAGE IN ANY OF THE FOLLOWING ACTS REGARDING THIS CASE UNLESS SPECIFICALLY AUTHORIZED BY THE PROSECUTING ATTORNEY'S OFFICE OR OTHER AGENCY REPRESENTING ME ON BEHALF OF THE COUNTY: (1) NEGOTIATE OR OTHERWISE AFFECT THE SETTLEMENT OF THE CASE; { (2) MAKE AN ADMISSION OF LIABILITY (3) DISCUSS THE CASE WITH PERSONS WHO ARE NOT AN ELECTED OFFICIAL, DEPARTMENT HEAD, PROSECUTOR, ANOTHER COUNTY EMPLOYEE INVOLVED IN THE CASE, OR OTHER `' ASSIGNED ATTORNEY. /�/ DATE OFFICER/EMPLOYEE/VOLUNTEER REQ S G DEFENSE i i Mason County Board of County Commissioners authorize payment for the defense and any non-punitive monetary judgment for Joseph Johnston based on the Ordinance 06-18, Mason County reserves the right to pay punitive monetary judgement entered against Joseph Johnston until a judgement has been awarded, I {t ❑ • APPROVED DATEr S O DENIED DATE: f F COUNTY COMMISSION CHAIR i i REQUEST FOR DEFENSE OF OFFICERS AND EMPLOYEES OF MASON COUNTY NAME OF CASE: Charles S Longshhore CASE NUMBER: 3:18-CV-05069-RJB-JRC COURT: US District Court EMPLOYEE/OFFICER REQUESTING DEFENSE: Robert Decker COMPLAINT ATTACH COPIES OF ALL DOCUMENTS RECEIVED. DATE COMPLAINT WAS RECEIVED: 02/21/2018 FROM WHOM RECEIVED: Charles S Hamilton, III 7016 35th Ave NE Seattle, WA 98101 REQUEST FOR DEFENSE: PURSUANT TO MASON COUNTY ORDINANCE NUMBER 06-18, I AM REQUESTING THAT MASON COUNTY PROVIDE FOR MY DEFENSE AND ANY NONPUNITIVE AT COUNTY EXPENSE. I UNDERSTAND AND AGREE THAT IF ANY TIME I FAIL TO COOPERATE WITH THE PROSECUTING ATTORNEYS OFFICE OR OTHER ATTORNEY RETAINED BY THE COUNTY OR, IF EVIDENCE INDICATES THAT I WAS NOT ACTING EITHER IN GOOD FAITH OR WITHIN THE SCOPE OF MY OFFICIAL COUNTY DUTIES,THE COUNTY MAY WITHDRAW ITS DEFENSE IN WRITING.I FURTHER UNDERSTAND AND AGREE THAT I MAY NOT ENGAGE IN ANY OF THE. FOLLOWING ACTS REGARDING THIS CASE UNLESS SPECIFICALLY AUTHORIZED BY THE PROSECUTING ATTORNEY'S OFFICE OR OTHER AGENCY REPRESENTING ME ON BEHALF OF THE COUNTY: (1) NEGOTIATE OR OTHERWISE AFFECT THE SETTLEMENT OF THE CASE; (2) MAKE AN ADMISSION OF LIABILITY (3) DISCUSS THE CASE WITH PERSONS WHO ARE NOT AN ELECTED OFFICIAL, DEPARTMENT HEAD, PROSECUTOR, ANOTHER COUNTY EMPLOYEE INVOLVED IN THE CASE, OR OTHER ASSIGNED ATTORNEY. —z :a `Z-tc< DATE OFFICER/EMPLOYEE/VOLUNTEER REQUESTING DEFENSE 3 Mason County Board of County Commissioners authorize payment for the defense and any non-punitive 3 monetary judgment for Robert Decker based on the Ordinance 06-18. Mason County reserves the right to pay punitive monetary judgement entered against Robert Decker until a judgement has been awarded. ❑ APPROVED DATE: ❑ DENIED DATE: COUNTY COMMISSION CHAIR i REQUEST FOR DEFENSE OF OFFICERS AND EMPLOYEES OF MASON COUNTY NAME OF CASE: Charles S Longshore CASE NUMBER: 3:18-CV-05069-RJB-JRC COURT: US District Court EMPLOYEE/OFFICER REQUESTING DEFENSE: Kevin Hanson COMPLAINT—ATTACH COPIES OF ALL DOCUMENTS RECEIVED. DATE COMPLAINT WAS RECEIVED: 02/21/2018 FROM WHOM RECEIVED_.; Charles S Hamilton, III 7016 35th Ave NE Seattle, WA 98101 REQUEST FOR DEFENSE: PURSUANT TO MASON COUNTY ORDINANCE NUMBER 06-18, I AM REQUESTING THAT MASON COUNTY PROVIDE FOR MY DEFENSE AND ANY NONPUNITIVE AT COUNTY EXPENSE. I UNDERSTAND AND AGREE THAT IF ANY TIME I FAIL TO COOPERATE WITH THE PROSECUTING ATTORNEY'S OFFICE OR OTHER ATTORNEY RETAINED BY THE COUNTY OR, IF EVIDENCE INDICATES THAT I WAS NOT ACTING EITHER IN GOOD FAITH OR WITHIN THE SCOPE OF MY OFFICIAL COUNTY DUTIES,THE COUNTY MAY WITHDRAW ITS DEFENSE IN WRITING,I FURTHER UNDERSTAND AND AGREE THAT I MAY NOT ENGAGE IN ANY OF THE FOLLOWING ACTS REGARDING THIS CASE UNLESS SPECIFICALLY AUTHORIZED BY THE PROSECUTING ATTORNEY'S OFFICE OR OTHER AGENCY REPRESENTING ME ON BEHALF OF THE COUNTY: (1) NEGOTIATE OR OTHERWISE AFFECT THE SETTLEMENT OF THE CASE; (2) MAKE AN ADMISSION OF LIABILITY (3) DISCUSS THE CASE WITH PERSONS WHO ARE NOT AN ELECTED OFFICIAL, DEPARTMENT HEAD, PROSECUTOR, ANOTHE COUNTY EMPLOYEE INVOLVED IN THE CASE, OR OTHER ASSIGNED ATTO NEY. � v L-) GF r�S�J DATE OFFICER/EMPLOYEE/VOLUNTEER REQUESTING DEFENSE Mason County Board of County Commissioners authorize payment for the defense and any non-punitive monetary judgment for Kevin Hanson based on the Ordinance 06-18. Mason County reserves the right to pay punitive monetary judgement entered against Kevin Hanson until a judgement has been awarded. ❑ APPROVED DATE: ❑ DENIED DATE: COUNTY COMMISSION CHAIR i REQUEST FOR DEFENSE OF OFFICERS AND EMPLOYEES-OF MASON COUNTY NAME OF.CASE: Charles S Longshore CASE NUMBER: 3:18-CV=05069-RJB-JRC COURT: US District Court I EMPLOYEE/OFFICER REQUESTING DEFENSE: Terrance Elson COMPLAINT—ATTACH COPIES OF ALL DOCUMENTS RECEIVED, DATE COMPLAINT WAS RECEIVED: 02/21/2018 FROM WHOM RECEIVED: Charles S Hamilton, III j I 7016 35th Ave NE Seattle, WA 98101 I REQUEST FOR DEFENSE: PURSUANT TO MASON COUNTY ORDINANCE NUMBER 06-18, I AM REQUESTING THAT MASON I COUNTY PROVIDE FOR MY DEFENSE AND ANY NONPUNITIVE AT COUNTY EXPENSE. I I UNDERSTAND AND AGREE THAT IF ANY TIME I FAIL TO COOPERATE WITH THE PROSECUTING ATTORNEY'S OFFICE OR OTHER ATTORNEY RETAINED BY THE COUNTY OR, IF EVIDENCE INDICATES ' THAT I WAS NOT ACTING EITHER IN GOOD FAITH OR WITHIN THE SCOPE OF MY OFFICIAL COUNTY DUTIES,THE COUNTY MAY WITHDRAW ITS DEFENSE IN WRITING.I FURTHER UNDERSTAND AND AGREE r THAT I MAY NOT ENGAGE IN ANY OF THE FOLLOWING ACTS REGARDING THIS CASE UNLESS SPECIFICALLY AUTHORIZED BY THE PROSECUTING ATTORNEY'S OFFICE OR OTHER AGENCY REPRESENTING ME ON BEHALF OF THE COUNTY: I i (1) NEGOTIATE OR OTHERWISE AFFECT-THE SETTLEMENT OF THE CASE; (2) MAKE AN ADMISSION OF LIABILITY (3) DISCUSS THE'CASE WITH PERSONS WHO ARE NOT AN ELECTED OFFICIAL, DEPARTMENT HEAD, PROSECUTOR, ANOTHER COUNTY EMPLOYEE INVOLVED IN THE CASE, OR OTHER E ASSIGNED ATTORNEY. DATE OFFICER/EMPLOYEE/VOLUNTEER REQUESTING DEFENSE F Mason County Board of County Commissioners authorize payment for the defense and any non-punitive i monetary judgment for Terrance Elson based on the Ordinance 06-18: Mason County reserves the right to pay punitive monetary judgement entered against Terrance Elson until a judgement has been awarded. ' 1 O APPROVED DATE: ❑ DENIED DATE: 1 t . COUNTY COMMISSION CHAIR l 44l C. r MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Dawn Twiddy DEPARTMENT: Support Services EXT: 422 BRIEFING DATE: 3/19/18 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEM: Approval to place Resolution updating the appointing Officers for the Washington Counties Risk Pool representatives on the March 27, 2018 Action Agenda. The Risk Pool's Interlocal Agreement, Bylaws, and Policies of its Board of Directors require appointees and/or designees from each member county be acknowledged through a Resolution. EXECUTIVE SUMMARY: This amends Resolution No. 48-17. RECOMMENDED OR REQUESTED ACTION: Approval to place Resolution updating the appointing Officers for the Washington Counties Risk Pool representatives on the March 27, 2018 Agenda. ATTACHMENTS: Resolution RESOLUTION No. AMENDS RESOLUTION 48-17 IN THE MATTER OF CONTINUING RELATIONSHIPS WITH THE WASHINGTON COUNTIES RISK POOL AND THE RELATED APPOINTMENTS AND DESIGNATIONS OF/FOR EACH MEMBER COUNTY. WHEREAS, several Washington counties agreed to the creation of the Washington Counties Risk Pool ("Pool'�, organized and operating under Chapters 48.62 and 39.34 RCW, to provide to its member counties programs of joint self-insurance, joint purchasing of insurance, and joint contracting for or hiring of personnel to provide risk management, claims handling, and administrative services; and WHEREAS, the Pool's Interlocal Agreement and Bylaws, and policies of its Board of Directors require appointees and/or designees from each member county; that is: a) Director / Alternate Director — officers or employees of each Pool member county that are appointed by and serve at the pleasure of the respective county's legislative authority (Article 8 of the Interlocal Agreement and Article 2 of the Bylaws b) County Risk Manager — an employee of each Pool member county appointed to serve as a liaison between the County and the Pool as to risk management and who is responsible for the risk management function within the County (Article 11(b) of the Interlocal Agreement); c) County Safety Officer — an active employee designated by each Pool member county who, along with a related committee, are maintained to consider all recommendations concerning the development and implementation of a loss control policy to prevent unsafe practices (Article 11(c) of the Interlocal Agreement); and d) County Claims Administrator — each Pool member county's must designate someone to administer civil claims, with whom incidents should be immediately reported to, who is responsible for sending all claims and lawsuits and reporting various known incidents to the Pool, and with whom the Pool will coordinate the County's claims administration (section B of the Pool Board of Directors'Claims Handling Policies and Procedures); NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners for Mason County hereby confirms the appointment or designation of the following individuals for the applicable and required relationships with the Washington Counties Risk Pool: Pagel of 2 Mason County, Washington Resolution No. WCRP Name County Email Telephone # Relationship Position Director: Randy Commissioner randyn@co.mason.wa.us 360-427-9670 Neatherlin ext 419 Alternate Director: Terri Drexler Commissioner terrij@co.mason.wa.us 360-427-9670 ext 419 Alternate Director: Kevin Shutty Commissioner kshutty@co.mason.wa.us 360-427-9670 ext 419 Alternate Dawn Twiddy HR/Risk Manager dawnt@co.mason.wa.us 360-42779670 Director/Risk ext 422 Manager: Claims Nichole Wilston Risk and Safety nwilston@co.mason.wa.us 360-427-9670 Administrator: Compliance ext 643 Manager Safety Officer: Ross McDowell Emergency & rmcdowell@co.mason.wa. 360-427-9670 Information us ext 806 Services Manager Prosecuting Michael Dorcy Prosecutor michaed@co.mason.wa.us 360-427-9670 Attorney: ext 417 Chief Deputy Tim Whitehead Chief Deputy timw@co.mason.wa.us 360-427-9670 (Civil) Prosecuting Prosecuting Atty ext 417 A BE IT FURTHER RESOLVED that this resolution shall become effective immediately upon its passage and shall supersede any prior conflicting action(s); and BE IT STILL FURTHER RESOLVED that the clerk of this body shall forward a copy of this resolution, once completed, to the attention of Executive Director Derek Bryan at the Washington Counties Risk Pool, 2558 RW Johnson Rd. S.W., Suite 106, Tumwater, WA 98512- 6103. PASSED this day of 2018. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: Randy Neatherlin, Chair Melissa Drewry, Clerk of the Board APPROVED AS TO FORM: Terri Drexler, Commissioner Tim Whitehead, Chief Deputy Prosecuting Kevin Shutty, Commissioner Attorney Page 2 of 2 TEMPORARY PERMIT TO ENTER The undersigned do hereby grant unto the City of Shelton and its employees and agents ("City') a Temporary Permit To Enter over, under and across the following described lands to allow shaping, grading and restoration in conjunction with the Downtown Connector Project("Project"). Said property is known as: Property ID#: 18 Parcel#: 32019-52-02001 Legal Description: D SHELTONS 2ND ADD TO SHELTONV BLK: 2 LOTS: 1-2 Property Address: 521 N. FOURTH ST Owner of Record: MASON COUNTY IT IS HEREBY AGREED AS FOLLOWS: 1. The City of Shelton shall restore the above-described property as part of the Project. The authorized property owner shall permit access to the City during daylight hours to enter the property to perform the necessary staking and Work. The authorized Property Owner shall follow instructions from the City and not interfere with the Work. The Work is anticipated to include shaping, grading and restoration, blending new improvements into adjacent private property by shaping, grading, and restoring the surface, to include related and miscellaneous construction items, as necessary, all costs of which shall be borne by the City. 2. In the event the City must disturb or remove private improvements, including landscaping, existing on the above- described property, the City shall replace the improvements in kind and restore the surface of the Property to the condition pre-existing the Work. If the City determines it would be infeasible or impossible to replace improvements in kind, the City shall negotiate with the Property Owner for a mutually agreeable replacement. 3. The City shall defend, indemnify and hold harmless the Property Owner from any claim for damages, including attorney fees, arising from the City's entry onto the Property and Work associated with shaping, grading, and restoration. 4. The City will make a reasonable effort to notify the Property Owner a minimum of one week ahead of the anticipated work. 5. This TEMPORARY PERMIT TO ENTER shall be in effect until completion of work on the property. The Property Owner assumes no obligation under this agreement other than permitting access for completion of this specific task. I certify that I am the ❑ Property Owner ❑ Property Renter Grantor(s)Property Owner Property Renter Grantor(s)Property Owner Property Renter Dated this day of 12018 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: David Windom DEPARTMENT: Community Services EXT: 260 BRIEFING DATE: March 19, 2018 PREVIOUS BRIEFING DATES: - If this is a follow-up briefing, please provide only new information) ITEM: Creation of a "board" (advisory or governance) or steering committee for the award and evaluation of the Consolidated Homeless Grant (CHG), Housing and Essential Needs Grant (HEN), Local Document Recording Fees, and Treatment Sales Tax. EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): Approximately $1,800,000 is collected and awarded through the above funding sources. With Mason County as the lead grantee on the CHG and HEN Grant many more policies and procedures are required for contract monitoring and performance. The challenge is that many members of the housing coalition are recipients of the funding and community volunteers vary in their knowledge and ability to effectively evaluate funding applications and awards. The establishment of a "board" will provide year to year consistency from key stakeholders on strategic and policy guidance. Therefore, the "board" will establish policies and procedures related to risk assessment and contract monitoring, oversee the request for proposal process, make funding recommendations to the County Commissioners, evaluate program performance, provide guidance on performance and outcomes reporting and guide any contract non-compliance. While a committee of 5 — 7 is ideal, the following is a recommended list to source one candidate from the following pool to create this "Dream Team" of"board" members: • A County Commissioner or appointed member • A City Commissioner or appointed member • A Board of Health member • A Planning Commissioner • Economic Development Council representative Briefing Summary 3/14/2018 • A representative from the court system outside Therapeutic Courts • A Law Enforcement representative • United Way representative • Community Foundation representative • Two Community Citizens BUDGET IMPACTS: NONE RECOMMENDED OR REQUESTED ACTION: A committee to start this process with request for proposal evaluation is needed by April 30. Request guidance on the structure and operation of the board, length of term, any interlocal agreements that may be needed and either select one person to sit on or the action to appoint a member. ATTACHMENTS: NONE Briefing Summary 3/14/2018 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Debbie Riley DEPARTMENT: Community Services, EXT: 358 Environmental Health Section BRIEFING DATE: March 19, 2018 ITEM: 1) Update from the March 7, 2018 Oakland Bay Clean Water District Advisory Committee meeting. 2) Pending amendment to the Hood Canal Regional Septic Loan Program. EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions) 1) Oakland Bay Clean Water District Advisory Committee members had very good discussion and received handouts that may be useful to the commissioners as we prepare for shellfish week in April. The purpose of this briefing is to talk about the handouts and answer questions. 2) The "changes to the budget" interlocal agreement with Kitsap County as the fiscal agent for the loan program is going before their Board on March 26, 2018. On March 27, 2018 the approved amendment will go out to the partners for signature. Mason County has been a partner in this project since July 1, 2014. Tim Whitehead is part of the conversation and has approved the wording of the amendment. I will brief it again after we receive it and have it placed on the action agenda at that time. RECOMMENDED OR REQUESTED ACTION: None Briefing Summary Summary of Marine Water Data (SRS) Growing Area: Oakland Bay Unsorted data E90th E90th E90th E90th (Annual (Annual (Annual (thru Jan. Station Classification Report Report Report 2018) data, thru data, thru data, thru _ Dec. 2015) Dec. 2016_ ) Dec. 2017) 116 Approved 11.5 11.7 9.0 9.1 117 Approved 8 7.7 5.9 5.9 118 i Approved_ _ 25.915.7 14.4 14.4 120 Approved 7.7 PP 9.5 10.5 ; 8.0 121 Approved 11.6 13.6 11.6 1 11.6 123 Approved 10.8 11.1 10.7 10.7 119 Conditionally Approved7.8 =13.310.4 10.7 125 Conditionally Approved 14 14.2 16.2 16.5 126 Conditionally Approved 14.6 16.3 18.7 18.7 127 Conditionally Approved i 13 15.1 17.3 17.3 128 Conditionally Approved 11.2 13.4 14.9 15.6 129 Conditionally Approved 35.7 35.6 43.6 44.3 614 Conditionally Approved 77.2 71.6 35.8 34.2 615 Conditionally Approved 15.7 19,2 23.7 23.8 639 Conditionally Approved 14.4 12.8 15.0 16.1 758 Conditionally Approved 1 17.8 22.6 20.8 20.2 858 Conditionally Approved NA 17.3 11.0 11.2 114 Prohibited _ 12.4 14.8 14.3 15.4 115 Prohibited 13.2 10.8 10.7 10.7 i -- 122 Prohibited 6.9 9.2 1 9.6 9.6 1 4 Prohibited _ 8.4 9.9 10.2 10.8 All numbers are FC/100mL. n = 30, except Station 858, which currently has 24 samples Station 129 E90th increased due to a 130 FC/100mL in Jan 2017 and 350 FC/100mL in July 2017, but should improve in next few months (see data on page 5). Other increases were mostly due to a storm event captured in regulatory sampling in January, 2017. Summary of Marine Water Data (SRS) Growing Area: Oakland Bay Sorted Data (excludes data when it rained 1 inch or more) Sampling Event Type Regulatory Tides Included ALL Number of Samples 30 Includes data for rainfall amounts 0- .99" on days 0-4 previous to the sampling event Station I Range GeoMean E90th(FC/1001 Meets Number Classification Date Range (FC/100 (FC/100 mL) mL) mL) Standard i 119 Conditionally Approved 11/3/2014 - 1/9/2018 17-49.0 2.8 8.1 Y 125 Conditionally Approved 11/3/2014 - 1/9/2018 1 7 -23.0 3.0 7.6 Y 126 Conditionally Approved 11/3/2014 - 1/9/2018 1.7- 11 3.1 I 6.9 Y 127 Conditionally Approved 11/3/2014 - 1/9/2018 1.7 -23.0 3.2 j 7.7 Y 128 Conditionally Approved 11/3/2014 - 1/9/2018 1.7 - 12.0 2.5 5.5 Y 129 Conditionally Approved 11/3/2014- 1/9/2018 1.7-350.0 5.9 27.4 Y 614 1 Conditionally Approved 11/3/2014- 1/9/2018 1.7-70,0 6.832.3 Y 615 Conditionally Approved 111/3/2014 - 1/9/2018 1.7- 70 0 3.5 12.8 Y 639 Conditionally Approved f 11/3/2014 - 1/9/2018 1.7 - 13.0 2.9 7.4 Y f 1 758 Conditionally Approved 11/3/2014 - 1/9/2018 1.7 -49.0 4.8 15.3 Y 858 Conditionally Approved 12/29/2015- 1/9/2018 17-23 0 2.8 7.5 'N/A Open period with rain sort (October through May) Sampling Event Type Regulatory Tides Included:ALL Number of Samples 30 Includes data for rainfall amounts. 0- .99" on days 0-4 previous to the sampling event Station Range GeoMean ! E90th Meets Number Classification Date Range IFC/100 I (FC/100 (FC/100 mL) mL) mL) Standard 3/18/2013 - 614 Conditionally Approved' 1/9/2018 1.7 -46.0 1 5J 22.6 Y Restricted period (June through September) Station Range GeoMean. E90th Meets Number Classification Date Range (FC/100 (FC/100 mL) �(FC/100 mL) 'Standard mL,) 614 Conditionally 6/21/2010 - 2.0-5400 15 6 78.2 N I Approved 9/27/2017 C3 Oakland Bay (� : , ZA Heal th 0 2Win Dale Updated:MBM17 .06 614 129 ■ -Xft "r: 127 758 • _ .: :�`_ - i;'Y`. ��_ ■ � - „\` .!fin '► _,,, ■ 126 - ! 125 121• r =r M_ Y ° �^�`. :" 117 ■�* •• � J, , l ! r ■ yw " 120 128 . {- -- -_ ■ 638 T`--y /.;' �!. 1�9 ■ bis • _ �' ■ 116 � l Y -rT r t r �-- 114 '' _�`h� ■24 Y ' Lw Classification Sampling Stations Approved ■ N Conditional Prohibited w _ Restricted - Unciawitled 145 140 Rolling EstimaW SM percentiles at Stations in Chapman Cove 135 130 125 120 115 110 105 100 _ 95 90 85 u 80 Station 75 —615 70 0 65 —639 60 128 55 —119 50 45 Fadingf43 FC/100mL) 35 � hreeter*a{30 FC/100rrL 30 --------------- 25 20 15 0 — -- 2004 2005 2005 2007 2008 2009 2010 2011 2012 M3 2014 2015 2016 2017 2018 Marine Water Quality Summary Growing Area: Oakland Bay Station: 129 Classification: Conditionally Method: SRS Approved Total Samples: 30 Date Range: 06/08/2015 -01/09/2018 Range (FC/100 mL): 1.7 - 350.0 E90th (FC/100 mL): 44.3 GeoMean (FC/100 mL): 7.6 Meets Standard: N Sample Event Type Time Tide SWT Salinity Fecal Date i Coliform 06/08/2015 Regulatory 1039 Flood 19 24 46.0 07/08/2015 Regulatory 1220 Flood 23 20 33.0 08/18/2015 Regulatory 0920 Flood 20 26 13.0 09/16/2015 Regulatory 0949 Ebb 17 22 7.8 10/14/2015 Regulatory 0937 Ebb 14 21 1.7 11/03/2015 Regulatory 1159 Flood 13 17 33.0 12/29/2015 Regulatory 1101 Ebb 6 8 4.5 01/05/2016 Regulatory 12:58 Ebb 5 6 230 02/03/2016 Regulatory 12:20 Flood 8 5 13.0 03/14/2016 Regulatory 10:38 Flood 8 1 330 04/26/2016 Regulatory 0954 Ebb 14 17 1.7 05/11/2016 Regulatory 09:39 Flood 16 18 1.7 06/09/2016 Regulatory 10:25 Ebb 1 18 20 4.5 08/10/2016 Regulatory 1304 Flood 20 23 4.5 10/19/2016 Regulatory 11-48 Ebb 13 12 7.8 11/01/2016 Regulatory 10:55 Ebb 12 9 7.8 12/19/2016 Regulatory 1132 Ebb 6 15 6.8 01/18/2017 Regulatory 1134 Ebb 6 5 130.0 02/14/2017 Regulatory 11:03 Ebb 6 10 2.0 03/20/2017 Regulatory 1151 Flood 8 10 1.7 04/17/2017 Regulatory 10:39 Flood 11 8 11.0 05/15/2017 Regulatory 10,25 Ebb 12 6 4.5 06/13/2017 Regulatory 09 59 Ebb 117 18 11.0 07/26/2017 Regulatory 09:55 Ebb 19 14 350.0 08/29/2017 Regulatory 14:37 Ebb 21 25 17 09/27/2017 Regulatory 12.20 Flood 17 25 2.0 10/09/2017 Regulatory 1032 Ebb 14 23 4.5 11/07/2017 Regulatory 1039 Ebb 9 20 20 12/21/2017 Regulatory 10.26 Ebb 5 9 1 1.7 01/09/2018 Regulatory 10 12 Flood 7 0 78 Station: 614 Classification: Conditionally Method: SRS Approved Total Samples: 30 Date Range: 06/08/2015 -01/09/2018 Range (FC/100 mL): 1.7 - 70.0 E90th (FC/100 mL): 34.2 GeoMean (FC/100 mL): 7.6 Meets Standard: Y -, --- - Sample Event Type Time ITide SWT Salinity Fecal Date Coliform 06/08/2015 Regulatory 10:41 Flood 20 20 70.0 07/08/2015 Regulatory 12:23 Flood 23 16 49.0 08/18/2015 Regulatory 09.22 Flood 20 24 49.0 09/16/2015 Regulatory 09:52 Ebb 16 25 45 10/14/2015 Regulatory 0940 Ebb 14 25 4.5 11/03/2015 Regulatory 1203 Flood 13 21 170 12/29/2015 Regulatory 11.05 Ebb 6 12 4.5 01/05/2016 Regulatory 1301 Ebb 5 4 13.0 02/03/2016 Regulatory 1222 Flood 8 6 1.8 03/14/2016 Regulatory 10.41 Flood 8 1 78 04/26/2016 Regulatory 09.59 Ebb 13 17 1.7 05/11/2016 Regulatory 09:42 Flood 15 4 2.0 06/09/2016 Regulatory 10.27 Ebb 18 20 7.8 08/10/2016 Regulatory 13:07 Flood 20 8 7.8 10/19/2016 Regulatory 11:50 Ebb 13 17 11.0 11/01/2016 Regulatory 1058 Ebb 12 9 11.0 12/19/2016 Regulatory 11:35 Ebb 6 15 2.0 01/18/2017 Regulatory 11:39 Ebb 6 0 49.0 02/14/2017 Regulatory 11:06 Ebb 6 8 2.0 03/20/2017 Regulatory 1154 Flood 9 12 1.7 04/17/2017 Regulatory 10.41 Flood 11 2 1.8 05/15/2017 Regulatory 10:28 Ebb 12 4 46.0 06/13/2017 Regulatory 10:01 Ebb 16 11 33.0 07/26/2017 Regulatory 0958 Ebb 19 13 3.6 08/29/2017 Regulatory 14:39 Ebb 21 18 4.5 09/27/2017 Regulatory 1224 Flood 17 16 4.5 10/09/2017 Regulatory 1&34 Ebb 14 23 2.0 11/07/2017 Regulatory 1043 Ebb 9 22 13.0 12/21/2017 Regulatory 10:29 Ebb 5 8 11.0 01/09/2018 Regulatory 10:18 Flood 7 0 11.0 Mason county PROTECTING OUR WATERWAYS FROM ' r Maaoop!h�Poop PET WASTE IS EASY Wh1 1. Scoop the poop. Mas011 County at S wrong 2. Double bag it. Scoop the Poop 3. Put it in the trash. Fecal matter contains nutrients,which cause weeds and algae to grow more rapidly than normal. Excess weeds and algal growth cause changes in the balance of the ecosystem. ADDITIONAL RESOURCES Decaying plant material uses oxygen, which can reduce the amount available to support fish Mason County Public Health and other aquatic life. Shelton:(360)427-9670 x544 or x584 ' Belfair: (360) 275-4467 Mason Conservation District http://www.masoncd.org/ Snohomish County Pet Waste Information http:!/tinyurl.com/petwaste Kitsap County Handout http://tinyurl.com/KitsapPetHandout `„ V Text courtesy of the City of Lacey and Thurston County Animal Service N L Pet waste can also contain pathogens such as .. bacteria,viruses,and parasitic worms which can r r transmit disease to humans.When high levels of bacteria are found in a body of water,swimming r, and shellfish harvesting is restricted because of �` } the threat posed for humans, r r i • � i r r �� 'iii i. Scoop the poop. PROPER PET 2. Double bag it. WASTE DISPOSAL. 3. Put it in the trash. What if I don't live near When Walking: the water? Bring plastic bags with you when you walk It may not be apparent to you, especially if your dog. Use a bag to pick up the dog waste. Ak you don't live next to a body of water, how Tie bag closed and place in trash. your pet's waste affects the water quality of lakes, streams and marine waters in our area. At Nome: To understand the connection, it's helpful to Double bag dog waste and kitty litter.Tie understand how stormwater runoff works. securely and place in garbage. Long handled "pooper scoopers" available at pet stores 1 . Catch basins, manholes, and grass ditches at make it easy to pick up after your dog without the edge of your property collect water runoff stooping over. and direct it to the closest body of water. 1 1 1 1 1 Typically, stormwater never passes through ! POOP II a sanitary sewer treatment facility. In other .,,,� VONO1C1 / words, anything on the ground no matter how YA A:9 far away from the stormwater drainage can t 1 t eventually end up in a nearby waterway. a 1• / 11 i a 1 i •1 111 3i qA `.COP '!t9t � � - • • MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: David Windom DEPARTMENT: MCCS EXT: 260 BRIEFING DATE: 19 Mar 2018 PREVIOUS BRIEFING DATES: (If this is a follow-up briefing, please provide only new information) N/A ITEM: Opening a new Planner I position EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): See enclosed position description. Due to the increased workload, anticipated workload increases due to WRIA planning, and changes in current work duties MCCS is asking to create a Planner I position and leave the current clerical position in planning unfilled. By adding a Planner I position, addressing tasks would move from the permit center back to planning, WRIA work for the three WRIAs that either need updated or newly completed plans can be distributed across planning staff without creating undue stress. This position would work closely with the long-range planner on code work, research and outreach. BUDGET IMPACTS: $1500 per month including salary/benefits/L&I RECOMMENDED OR REQUESTED ACTION: Approve ATTACHMENTS: Position description Briefing Summary 3/15/2018 64 fij PLANNER I Title: Department: Planner I Community Services Affiliation: Reports to: Teamsters Planning Manager Salary Range: Supervises/Directs: $4128-$4333 None Established Date: Revision Date: January 7, 2016 GENERAL DESCRIPTION: Under general supervision of the CSD Director, planners generally assist the public on permitting, land use, and regulatory issues as well as review and process building and land use permits. Position levels are distinguished in a job series of professional planners performing complex or sensitive job duties with levels of supervision ranging from high to minimal ESSENTIAL JOB FUNCTIONS: (Any one position may not include all duties listed, nor do the examples include all tasks that may be performed in positions of this class.) • Provide assistance to public on permitting, land use,and regulatory issues. • Assigns addresses to new sites and maintains associated GIS databases. • Research and analyze technical data to apply development regulations to development, construction and land use issues. • Review and process building permits and other ministerial and administrative decisions. • Review and/or process special reports prepared as part of the permit process. • Performs special projects(e.g.,design guidelines,visualizations, site revitalization plans), participates in cross training, and serves as back-up for other functions in the department. • Prepare and present permit information to Hearing Examiner. • Assist senior planning staff with complex cases or with planning projects or programs by gathering and analyzing data,assisting in the preparation of reports and other documents. • Present information at public hearings or to committees. • Maintain accurate and updated records in permit tracking data base systems. DISTINGUISHING FEATURES: Key traits are the ability to administer and ensure compliance with codes, statutes, rules, and regulations; work independently as well as part of a team, establish priorities and organize own workload, maintain effective working relationships with the public, contractors, and other employees, and address complaints and problems courteously. WORKING CONDITIONS: The work is performed in an office environment with field work for site inspections required at times. Employees in this classification are required to sit, stand and walk while performing office duties. Physical exertion is required for occasionally lifting 40 pounds. Individuals may be required to stand long periods at a time while assisting customers. QUALIFICATIONS: Knowledge of • Planning and community design principles, codes, regulations and procedures related to the planning process. Ability to • Communicate effectively with the public, co-workers, supervisors,and other professionals. • Ability to use computers,software packages and mainframe database systems. • Perform duties accurately and timely. • Manage competing duties and occasionally heavy work loads. • Record data accurately and consistently. • Interpret and apply codes and regulations. • Work within established guidelines with limited supervision. • Establish and maintain effective working relationships with other employees in the department and other county departments. • Read and interpret maps and legal descriptions. EDUCATION AND EXPERIENCE--Any equivalent combination of education and experience which provides the applicant with the knowledge,skills, and abilities required to perform the job.A typical was to obtain the knowledge and abilities would be: • A four-year degree in planning, architecture, environmental or natural science or a two year degree and three years directly related experience including experience working with the public in an information and assistance capacity. LICENSES, CERTIFICATES AND OTHER REQUIREMENTS: • Valid Washington State Driver's License or ability to obtain same within three months of hire. PUBLIC WORKS MONDAY March 19.2018— BRIEFING ITEMS FROM PUBLIC WORKS (For Commissioners Meeting March 27,2018) Items for this meeting are due to Diane Zoren on Wednesday, March 27,2018 5.0 CORRESPONDENCE AND ORGANIZATIONAL BUSINESS (None) 8.0 APPROVAL OF ACTION ITEM (None) 9.0 OTHER BUSINESS (None) 10.0 PUBLIC HEARINGS AND ITEMS SET FOR A CERTAIN TIME (None) DISCUSSION ITEMS: • North Bay Plant Capacity Update Attendees: Commissioners: Public Works: Other Dept.: Press: Public: _Randy Neatherlin _Jerry Hauth List below: List below: List Below: _Kevin Shutty _John Huestis Terri Drexler _Bart Stepp Others-list below: MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Bart Stepp, Deputy Director/ Utilities and Waste Management DEPARTMENT: Public Works EXT: 652 BRIEFING DATE: March 19, 2018 PREVIOUS BRIEFING DATE: ITEM: North Bay Plant Capacity Update EXECUTIVE SUMMARY: Attached is the 2017 wasteload assessment for the North Bay Wastewater Reclamation Facility. Per our permit we are required to submit an assessment to Ecology ever year. Commissioners have asked about the plant capacity a couple times and so I am providing this assessment as a discussion item. The assessment looks at the average and peak flows, BOD (Biological Oxygen Demand), and TSS (Total Suspended Solids) coming into the plant and compares them to the design limits of the facility. The only area where we exceeded the design parameters was the peak daily flow. We also exceeded this in 2016. Our average wet weather monthly flow is slowly creeping up. We had a significant decrease in BOD and TSS loading from 2016 which I cannot explain. Overall if you average out the trend lines, they point to a need for an expansion around 2025. While that is 7 years away, it takes years to plan, design, and construct these expansions. Cost ImQact to the County: The cost for an expansion is unknown at this time. RECOMMENDATION: No action needed now but the County should consider applying for funds for planning and design for an expansion of the plant during Ecology's next funding cycle. Attachment: 2017 North Bay Water Reclamation Facility Wasteload Assessment Briefing Summary North Bay Case Inlet Wastewater Treatment Plant Annual Treatment Facility Review Report (Wasteload Assessment) Reporting Year: From: Jan. 1, 2017 To: Dec. 31, 2017 Design Parameters: Annual Average Design Flow: 0.304 MGD Design Population Equivalent: 6335 Max Month Design Flow: 0.365 MGD Present Population Served: 3125 Peak Daily Design Flow: 0.365 MGD Projected Population growth: 3% Design Influent BOD loading: 715 lbs/day Compliance with effluent permit limitation? Design Influent TSS loading: 715 lbs/day X Yes No Table 1, Influent Monthly Average Loading & Peak Daily Flow(From Monthly DMR) Month Avg flow(MGD) Peak Flow(MGD) BOD (lbs/day) TSS (lbs/day) January 0.1803 0.3630 249.4 237.4 February 0.2304 0.4690 250.1 235.4 March 0.2650 0.4200 210.6 141.2 April 0.1994 0.2730 309.6 295.4 May 0.1527 0.1820 366.5 341.8 June 0.1420 0.1600 194.5 183.3 July 0.1429 0.1600 144.9 135.3 August 0.1440 0.1660 81.1 76.9 September 0.1342 0.1680 117.5 109.7 October 0.1443 0.2600 123.6 119.6 November 0.2431 0.5110 169.8 158.8 December 0.2061 0.3670 384.1 186.3 Table 2, Maximum Influent Monthly Average Loading (Highest Month) Monthly Design % Design Previous year % Increase Month Value Capacity Capacity Monthly value /Decrease DryWeather September 0.1342 0.3040 44.14% 0.1333 0.68% Flow MGD Wet Weather March 0.2650 0.3650 72.60% 0.2480 6.85% Flow MGD Peak Flow November 0.5110 0.3650 " 140% 0.5620 -9.07% MGD BOD December 384.1 715.0 53.72% 495.5 -22.48% (lbs/day) TSS May 341.8 715.0 47.80% 460.5 -25.78% (lbs/day) *Flow or wasteload reached 85%of design capacity; **Flow or wasteload reached or exceeded its design capacity If actual flow or wasteload reaches 85%of design capacity for three consecutive months,the permittee shall submit a plan and schedule in accordance with their permit. Table 3, Maximum Monthly Average Data for the Last Four Years (For Plotting) Year Flow(MGD) BOD (lbs/day) TSS (lbs/day) 2014 0.2429 499 462.8 2015 0.3894 588.7 549.7 2016 0.248 495.5 460.5 2017 0.265 384.1 341.8 Estimated year when the design capacity is projected to be reached: 2025 Comments: The 2015 flow number of 0.389 MGD is an outlier that bring the flow capacity year to 2018. 2017 BOD and TSS loadings are low. Removing 2015 flow and 2017 loadings the data points to 2025. 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