HomeMy WebLinkAbout2018/10/08 - Briefing Packet BOARD OF MASON COUNTY COMMISSIONERS
DRAFT BRIEFING MEETING AGENDA
411 North Fifth Street, Shelton WA 98584
Week of October 8, 2018
Monday, October 8, 2018
Commission Chambers
9:00 A.M. Support Services — Frank Pinter
9:30 A.M. Sheriff's Office — Chief Dracobly
9:45 A.M. WSU Extension —Justin Smith
10:00 A.M. Community Services — Dave Windom
10:30 A.M. BREAK
10:45 A.M. Public Works — Jerry Hauth
Utilities &Waste Management
11:30 A.M. Audit Committee — Leo Kim
Commissioner Discussion — as needed
BREAK— NOON
2:00 P.M. Support Services
Motorboat Regulations Briefing
2:30 P.M. 2019 Budget Workshop
Commissioners' Budget
Current Expense Non-Departmental Budgets
Commissioners' Special Fund Budgets
Commissioner Discussion — as needed
Tuesday, October 9, 2018
Commission Chambers
10:00 A.M. 2019 Budget Workshop
Public Works & Utilities
Briefing Agendas are subject to change,please contact the Commissioners'office for the most recent version.
Last printed 10/04/18 at 1:36 PM
If special accommodations are needed,contact the Commissioners'office at ext.419,Shelton#360-427-9670;Belfair
#2754467,Elma#482-5269.
MASON COUNTY COMMISSIONER BRIEFING INFORMATION FOR WEEK OF
October 8, 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.
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Budget Management
Mason County Support Services Department
coy th Commissioner Administration
` 411 North 5 Street
��..w Emergency Management
Shelton, WA 98584 Facilities, Parks&Trails
360.427.9670 ext. 419 Human Resources
Information Services
Labor Relations
Risk Management
MASON COUNTY COMMISSIONER BRIEFING ITEMS FROM SUPPORT SERVICES
October 8, 2018
• Specific Items for Review
o Proposal for Rate Increase for Mason County Field Use Contracts— Ross
o Approval to move forward the purchase & sale agreement to purchase two parcels in the City of
Shelton — Frank
• Commissioner Discussion
J:\DLZ\Briefing Items\2018\2018-10-08.docx
Attachment B
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Ross McDowell
DEPARTMENT: Parks &Trails EXT: 806
BRIEFING DATE: 10/08/2018
PREVIOUS BRIEFING DATES: 01/29/2018, 02/06/2018
If this is a follow-up briefing, please provide only new information
ITEM:
Amending Resolution 10-09 Rate Increase for Mason County Field Use Contracts
EXECUTIVE SUMMARY: (If applicable, please include available options and
potential solutions):
On January 16, 2018 the Mason County Board of County Commissioners approved in
an open meeting the updated fee schedule for Mason County Baseball field use. One
February 6, 2018 the Mason County Board of County Commissioners approved the
Chair to approve the deposit rates schedule for Mason County Baseball field use. At
the time of these two Board actions, no amendment to the Resolution 10-09 was
made.
BUDGET IMPACTS:
There is no cost impact to the County, there may, however be a revenue increase.
RECOMMENDED OR REQUESTED ACTION:
I am requesting an amendment to Resolution 10-09 for 2018 and 2019 Mason County
Baseball Field Use fee schedule and deposit rates (see exhibit A - 2018 and exhibit B -
2019). The rates are adjusted by the CPI for all Cities June to June (2019 is 2.7%
increase).
ATTACHMENTS:
1. Resolution Amends Resolution 10-09 Establishhig a Fee and Charge Policy for
Mason County Parks and Trails Department
2. Exhibit A — 2018 Mason County parks Department 2018 Field Rental Rates
3. Exhibit B — 2019 Mason County parks Department 2018 Field Rental Rates
Briefing Summary 9/26/2018
RESOLUTION No.
AMENDS RESOLUTION 10-09 ESTABLISHING A FEE AND CHARGES POLICY
FOR MASON COUNTY PARKS AND TRAILS DEPARTMENT
WHEREAS, Chapter 67.20.010 RCW, provides the authority for Counties to own and operate
recreational facilities for public use, and to set forth the regulations, policies and practices
governing such use, and
WHEREAS, many of Mason County Parks and Department services that previously were free in
the future may require a fee to support parks administration, operations and maintenance;
BE THEREFORE, BE IT RESOLVED THAT THE Board of County Commissioners of Mason
County does hereby amend the "Fee and Charges Policy"for 2018 rates in Exhibit A and 2019
rates with increase of 2.7% CPI adjustment for all Cities June to June in Exhibit B pertaining to
field rental rates and deposits for Mason County Parks and facilities.
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
Exhibit A
MASON COUNTY PARKS DEPARTMENT 2018 FIELD RENTAL RATES
ORGANIZED YOUTH LEAGUE Use Rate Pro-Rated
Based on 2-Hour Practice Practice $ 16.00 $8.00 Per Hour
2-Hour Slot with Field Prep Game $ 28.00
ORGANIZED ADULT LEAGUES:
Practice $ 23.00 $11 .50Per Hour
Game $ 34.00
TOURNAMENTS:
Includes Field Preps Per Field $ 140.00
Full Comple> $ 978.00
MISCELLANEOUS: Per Hour $ 16.00
DEPOSITS
Tier II - two prior payment delinquencies
50% deposit required at time of booking for all scheduled dates
Deposit refund if cancelled within 3 months of play 100%
If cancelled within 1-3 months of play 50%
If cancelled within 30-15 days of play 10%
If cancelled within 14-2 days of play 5%
If cancelled within 24 hours of play 0
If cancelled by Parks Dept due to weather 100%
Tier I - no or one prior payment delinquencies
Deposit
For Local League play payment of $375 deposit due upon acceptance of
schedule even for multiple day reservations
Payment
For Local League play payment due upon receipt of invoice which will be
processed every two weeks
Page 1
Deposit
For Tournament play payment of $978 deposit for one day or $1 ,956 for
two days due upon acceptance of schedule even for multiple day
reservations
Payment
For Tournament play payment of $978 for one day or $1 ,956 for two days
is due on the Friday prior to tournament play. The deposit will be rolled
forward to next scheduled tournament date for multiple dates scheduled
Cleanup Fee
Fee charged if field is not returned in condition it was received or cigarette
butts or sunflower seeds left on the Synthetic Turf $250
Biohazard Cleanup Fee to remove bodily fluids $400
Supplemental Fees
3.5' X 8' sign on outfield fence $200/yr $350/2 yrs
3.5' X 8' sign on outfield fence in preferred location
$375/yr $675/2 yrs
Sponsor is responsible for purchasing sponsor banner
County Staff will erect and remove banner at the end of the season
Page 2
Exhibit B
MASON COUNTY PARKS DEPARTMENT 2019 FIELD RENTAL RATES
ORGANIZED YOUTH LEAGUE Use Rate Pro-Rated
Based on 2-Hour Practice Practice $ 16.50 $8.25 Per Hour
2-Hour Slot with Field Prep Game $ 29.00
ORGANIZED ADULT LEAGUES:
Practice $ 24.00 $12.00Per Hour
Game $ 35.00
TOURNAMENTS:
Includes Field Preps Per Field $ 144.00
Full Comple> $1,004.00
MISCELLANEOUS: Per Hour $ 16.50
DEPOSITS
Tier II - two prior payment delinquencies
50% deposit required at time of booking for all scheduled dates
Deposit refund if cancelled within 3, months of play 100%
If cancelled within 1-3 months of play 50%
If cancelled within 30-15 days of play 10%
If cancelled within 14-2 days of play 5%
If cancelled within 24 hours of play 0
If cancelled by Parks Dept due to weather 100%
Tier I - no or one prior payment delinquencies
Deposit
For Local League play payment of $375 deposit due upon acceptance of
schedule even for multiple day reservations
Payment
For Local League play payment due upon receipt of invoice which will be
processed every two weeks
Pagel
Deposit
For Tournament play payment of $1 ,004 deposit for one day or $2,008 for
two days due upon acceptance of schedule even for multiple day
reservations
Payment
For Tournament play payment of $1 ,004 for one day or $2,008 for two
days is due on the Friday prior to tournament play. The deposit will be
rolled forward to next scheduled tournament date for multiple dates
scheduled
Cleanup Fee
Fee charged if field is not returned in condition it was received or cigarette
butts or sunflower seeds left on the Synthetic Turf $250
Biohazard Cleanup Fee to remove bodily fluids $400
Supplemental Fees
3.5' X 8' sign on outfield fence $200/yr $350/2 yrs
3.5' X 8' sign on outfield fence in preferred location
$375/yr $675/2 yrs
Sponsor is responsible for purchasing sponsor banner
County Staff wi►I erect and remove banner at the end of the season
Page 2
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Frank Pinter
DEPARTMENT: Support Services EXT: 530
BRIEFING DATE: October 8 2019
PREVIOUS BRIEFING DATES:
If this is a follow-up briefing, please provide only new information
ITEM: Approval to have the Chair of the BOCC sign a Purchase and Sale Agreement
and Closing Contracts to purchase two parcels of property in the city of Shelton. Parcel
#32019-51-08001, 414 W. Franklin Street for $875,000 and Parcel #32019-65-01900,
129 N. 3rd St. both in Shelton
EXECUTIVE SUMMARY: In order to improve facilities space for Superior and District
Courts and other Criminal Justice Service providers as well as offer better service the
public, the County wishes to purchase parcel #32019-51-08001. In order to expand on
much needed archival space, storage space, warehouse space for the county the
County wishes to purchase parcel #32019-65-01900. A closing is scheduled for
November 30, 2018
BUDGET IMPACTS: Parcel #32019-51-08001 will cost $875,000 and Parcel #32019-
65-01900 will cost $200,000. Both will be paid for out of REET 1 funds. REET 1 has
sufficient funding in the 2018 budget to pay the 25% down payment. The balance of
the purchase price will be paid to the seller in a monthly instalment at a rate of 4.5%
over five years.
RECOMMENDED OR REQUESTED ACTION: Approval to have the Chair of the
BOCC sign a Purchase and Sale Agreement and Closing Contracts to purchase two
parcels of property in the city of Shelton.
ATTACHMENTS: none
Briefing Summary 10/3/2018
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Sheriff's Office
DEPARTMENT: Chief Deputy Dracobly EXT: 313
BRIEFING DATE: TBA
PREVIOUS BRIEFING DATES:
If this is a follow-up briefing, please provide only new information
ITEM:
1) Request for supplemental funding for $11,887.74. On 10/2/18 this amount has
been reimbursed to the county general fund from WA Department of Natural
Resources. This reimbursement was for all of the work committed by detectives
during this summer's series of suspicious fires.
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EXECUTIVE SUMMARY: (If applicable, please include available options and
potential solutions):
BUDGET IMPACTS: i
No impact. This is a transfer of funds that the county has already received.
RECOMMENDED OR REQUESTED ACTION:
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Transfer of funds from current expense/general funds to Sheriffs Office patrol
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overtime line.
ATTACHMENTS: Email showing receipt of funds and copy of signed DNR contract.
Briefing Summary 10/2/2018
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Page 1 of 1
Michelle Goldsby - Transmittal needed
From: Brittany Pearson
To: Michelle Goldsby; Toni Monnier
Date: 10/2/2018 9:39 AM
Subject: Transmittal needed
H!Girls,
I just need a transmittal for the below incoming wire.Thanks so much!
Britt
>>> "State of WA--CTS autoremit@autoremit.wa.gov" <autoremit@autoremit.wa.gov> 10/1/2018 8:31 PM
>>>
MASON COUNTY SHERIFFS OFFICE Deposit Date: 10-02-18
PO BOX 1037
SHELTON WA 98584-1037 Vendor Number:SWVOD01893-06 i
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This is an automated notification to you regarding electronic j
payment(s)processed by the State of Washington.
DEPARTMENT OF NATURAL RESOURCES -4900 !
Payment#:2378311 Batch ID: FM-130 Phone#:(360)902-1254 Pymt Total: $11,887.74
----------------------------------------------------------------------------------------------------
Inv Date Invoice Number/Message Account Number/Provider ID Curr Doc# Amount
09-07-18 93-097636 11450980-FM $11,887.74
Total From DEPARTMENT OF NATURAL RESOURCES $11,887.74
Total Direct Deposits From State of Washington $11,887.74
QUESTIONS REGARDING THE PAYMENT INFORMATION ABOVE, PLEASE CALL THE
PHONE NUMBER LISTED ON THE PAYMENT DETAIL FOR EACH PAYMENT.
IF YOU HAVE ANY QUESTIONS REGARDING THIS PAYMENT, PLEASE CONTACT OUR
OFFICE AT 360-902-1254.
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file:///C:/Users/mgoldsby/AppData/Local/Temp/XPgrpwise/5BB33 CD4Masonmail l 00130... 10/2/2018
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INTERAGENCY AGREEMENT WITH DEPARTMENT OF NATURAL RESOURCES
(DNR)AND MASON COUNTY SHERIFF OFFICE
Agreement No. IAA-93-097636
This Agreement is between Mason County Sheriff Office referred to as the MASON COUNTY
SHERIFF DEPARTMENT and the Washington State Department of Natural Resources,
Wildfire Division,referred to as DNR. I
DNR falls under authority of RCW Chapter 43.30 of Washington State,Department of Natural
Resources. DNR and the MASON COUNTY SHERIFF DEPARTMENT enter into this
Agreement under Chapter 39.34,Interlocal Cooperation Act. i I
The purpose of this Agreement is for the MASON COUNTY SHERIFF DEPARTMENT to
make available to reimburse the MASON COUNTY SHERIFF DEPARTMENT for costs
associated with time or other reimbursable expenditures during related wildfire Investigations by
Mason County Task Force or as outlined for responding to wildfire assignments.
IT IS MUTUALLY AGREED THAT: `
1.01 Statement of Work. The MASON COUNTY SHERIFF DEPARTMENT shall furnish 1
the necessary personnel and otherwise do all things necessary for or incidental to performing
work as set forth in Attachment A—Statement of Work, 4
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2.01 Period of Performance. The period of performance of this Agreement shall begin on
July 20,2018 or last signature date,whichever is later,and end on June 30,2021 unless l
terminated sooner as provided herein. s
3.01 Payment. Pay for the work provided is established under RCW 39.34.130. Pay for l�
services shall be based on the rates and terms described in Attachment A- Statement of Work, i
Attachment B—Payment Requirements,and Attachment C-Rates.
DNR IAA Agreement No,93-097636 Page 1 of 8
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4.01 Billing Procedures. The MASON COUNTY SHERIFF DEPARTMENT shall submit
invoices within 30 business days of the MASON COUNTY SHERIFF DEPARTMENT's ending
payroll period. Payment to the MASON COUNTY SHERIFF DEPARTMENT for approved and f
completed work will be made by warrant or account transfer within 30 days of receivin the
invoice. When the contract expires, any claim for payment not already made shall be submitted
within 30 days after the expiration date or the end of the fiscal year,whichever is earlier. ,
5.01 Records Maintenance. The MASON COUNTY SHERIFF DEPARTMENT shall
maintain books,records,documents and other evidence,to sufficiently document all direct and
indirect costs incurred by the MASON COUNTY SHERIFF DEPARTMENT in providing the
services. These records shall be available for inspection, review,or audit by personnel of the
DNR,other personnel authorized by the DNR,the Office of the State Auditor,and federal l
officials as authorized by law. The MASON COUNTY SHERIFF DEPARTMENT shall keep i
all books, records,documents, and other material relevant to this Agreement for six years after
Agreement expiration.The Office of the State Auditor, federal auditors,and any persons
authorized by the parties shall have full access to and the right to examine any of these materials l
during this period, j
Records and other documents in any medium furnished by one party to this Agreement to the !
other party will remain the property of the furnishing party,unless otherwise agreed. The
receiving patty will not disclose this material to any third parties without first notifying the
furnishing party and giving it a reasonable opportunity to respond. Each party will use
reasonable security procedures and protections to assure that records and documents provided by
the other party are not erroneously disclosed to third parties. 1
6.01 Rights to Data. Unless otherwise agreed,data originating from this Agreement shall be l
works for hire'as defined by as defined by Title 17 U.S,C., Section 101 and shall be owned by
the DNR. Data shatl include,but not be limited to, reports,documents,pamphlets,
advertisements,books, magazines,surveys,studies,computer programs, films,tapes,and/or
sound reproductions, Ownership includes the right to use,copyright,patent,register and the
ability to transfer these rights.
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7.01 Independent Capacity. The employees or agents of each patty who are engaged in
performing this Agreement shall continue to be employees or agents of that patty and shall not
be considered for any purpose to be employees or agents of the other party, i
8.01 Amendments. This Agreement may be amended by mutual agreement of the parties.
Amendments shall be in writing and signed by personnel authorized to bind each of the parties. !
9.01 Termination for Convenience. Either party may terminate this Agreement upon 30
calendar days' prior written notice to the other party. If this Agreement is terminated, the parties
shall be liable only for performance rendered or costs incurred in accordance with the terms of
this Agreement prior to the effective date of termination.
DNR IAA Agreement No. 93-097636 Page 2 of 8
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10.01 Termination for Cause. If for any cause either patty does not fulfill in a timely and (3€=
proper manner its obligations under this Agreement,or if either party violates any of the terms
and conditions,the aggrieved patty will give the other party written notice of the failure or
violation. The aggrieved party will give the other party 15 working days to correct the violation
or failure. If the failure or violation is not corrected within 15 days,the aggrieved party may
immediately terminate this Agreement by notifying the other party in writing.
11.01 Disputes. If a dispute arises,each party will make a good faith effort to resolve issues at j
the lowest possible level in their respective agencies. If they cannot resolve an issue,they will
elevate the issue within their respective chains of command to resolve it.
In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board
in the following manner: Each party to this Agreement shall appoint one member to the Dispute
Board. The members so appointed shall jointly appoint an additional member to the Dispute
Board, The Dispute Board shall evaluate the facts,Agreement terms,applicable statutes and
rules,and make a determination of the dispute. The determination of the Dispute Board shall be
final and binding on both parties. The cost of resolution will be borne as allocated by the
Dispute Board. Alternatively,the parties may pursue a third party dispute resolution as the
parties mutually agree to in writing.
12.01 Assignment. The work to be provided under this Agreement and any claim arising from
this Agreement cannot be assigned or delegated in whole or in part by either party,without the
express prior written consent of the other patty. Neither party shall unreasonably withhold
consent.
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13.01 Waiver. A party that fails to exercise its rights under this Agreement is not precluded
from subsequently exercising its rights. A party's rights may only be waived through a written
amendment to this Agreement.
14.01 Severability. The provisions of this Agreement are severable. If any provision of this
Agreement or any provision of any document incorporated by reference should be held invalid,
the other provisions of this Agreement without the invalid provision remain valid.
15.01 Insurances. The State of Washington,including all its agencies and departments,is self-
insured for all exposures to tort liability,general liability,property damage liability and vehicle
liability,as provided in statute,but only as respects the negligence of State.
DNR IAA Agreement No.93-097636 Page 3 of 8
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16.01 Indemnification. To the fullest extent permitted by law,MASON COUNTY SHERIFF
DEPARTMENT shall indemnify,defend,and hold harmless DNR and employees of DNR,from
and against all claims for injuries or death arising out of or resulting from the negligence of
MASON COUNTY SHERIFF DEPARTMENT or the negligence of MASON COUNTY
SHERIFF DEPARTMENT's agents and employees including but not limited to claims arising I
from MASON COUNTY SHERIFF DEPARTMENT's employees. "Claim,"as used in this
contract,means any financial loss,claim,suit, action,damage,or expense,including but not
limited to attorney's fees,attributable for bodily injury,sickness,disease,or death,or injury to or
destruction of tangible property including loss of use resulting therefrom. MASON COUNTY
SHERIFF DEPARTMENT's obligation to indemnify,defend,and hold harmless DNR shall not
extend to claims that arise from the sole negligence of DNR. MASON COUNTY SHERIFF
DEPARTMENT waives its immunity under Title 51 RCW to the extent it is required to
indemnify,defend and hold harmless State and its agencies,officials,agents or employees.
17.01 Complete Agreement in Writing. This Agreement contains all the terms and conditions
agreed upon by the parties.No other understanding,oral or otherwise,regarding the subject
matter of this Agreement shall be deemed to exist or to bind any of the parties.
18.01 Contract Management. The Prroject Coordinator for each of the parties shall be the
contact person for this Agreement. All communications and billings will be sent to the project
coordinator.
19.01 Project Coordinators,
(1) The Project Coordinator for the MASON COUNTY SHERIFF DEPARTMENT
is Chief Criminal Deputy Jason Dracobly Telephone Number 360-427-9670 x
326,
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(2) The Project Manager for DNR is Lori Johnson Telephone Number(360)902-
1335,
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DNR IAA Agreement No. 93-097636 Page 4 of 8
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By signature below,the Agencies certify that the individuals listed in this document,as
representatives of the Agencies,are authorized to act in their respective areas for matters related
to this instrument.
IN WITNESS WHEREOF,the parties have executed this Agreement.
MASON C UNTY ERIFF STATE OF WASHINGTON
DE RT E T
DEPARTMENT OF NATURAL
RESOURCES
SI nature Da Slgnalure
rl CHARLES W.TURL Y
WILDFIRE DIVISION MANAGER
Title Tlile
�7 1111 WASHINGTON STREET SE
MS: 47037
SA�LY� W� �E5 L/ OLYMPIA,WA 98504
AAddress
W7-`J(,7 a }C 3 l3 (360)902-1742 i
Telephone Telephone
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DNR IAA Agreement No. 93-097636 Page 5 of 8
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Attachment A
STATEMENT OF WORK
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DNR agrees to the following:
1. Dispatch the employee to assignments as need arises.
2. Review the GL20-001-512 Wildland Fire investigation Program Guidelines
with Mason County Sheriff Department.
3. DNR agrees to share reports with Mason County Sheriff Department for any
criminal cases.
The MASON COUNTY SHERIFF DEPARTMENT agrees to the following: }
1, FollowGL20-001-512 Wildland Fire investigation Program Guidelines. I
2, Ensure that the employee will be available and ready to respond when called by
DNR,
3. - Provide DNR with the employee's loaded base rate(salaries and benefits),
overtime rate,and regular worts schedule. In the event that the employee's base
rate is adjusted,the MASON COUNTY SHERIFF DEPARTMENT,is required
to provide DNR with the updated rate prior to submitting invoices at the updated
rate.
4. Provide billing on the MASON COUNTY SHERIFF DEPARTMENT's
letterhead as outlined in Attachment B.
5, MASON COUNTY SHERIFF DEPARTMENT agrees to share reports with
DNR for any criminal cases for outside use if needed.
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DNR IAA Agreement No,93-097636 Page 6 of 8
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Attachment B i
PAYMENT REQUIREMENTS
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Each invoice voucher submitted to the DMR by the MASON COUNTY SHERIFF
DEPARTMENT will clearly reference DNR IAA 093-097636
The MASON COUNTY SHERIFF DEPARTMENT will be reimbursed according to the
employee's actual salaries and benefits. II
The billing is required to be on agency letterhead and shall include: 4
a. Original Emergency Fire Time Report(OF-288);backup
documentation for the hourly wage rate(regular and OT)for
personnel hours on the OF-288;
b. Travel costs(meals,lodging not provided by the incident) i
documented with detailed receipts not to exceed state per diem
rates.
C. Shift ticket documenting mileage to/from incident as well as i
mileage incurred on the incident signed by the incident supervisor
to be reimbursed at the state per diem rates.
d. Copy of Resource Order card. j
Bills shall be sent to:
Wildfire Division i
Attention:Lori Johnson
PO Box 47037
Olympia,WA 98504
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DNR IAA Agreement No.93-097636 Page 7 of 8
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Attachment C
RATES
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Rates outlined below are the employee's loaded base rate(salaries and benefits)and overtime Cates,
which may vaiy depending upon the number of hours per pay period,and based upon hours listed
on the OF-288.
Danielle Drogmund $48.22
Employee's ovedime rate [ $61.24
Matthew Ledford
Employee's overtime rate $62.59
Chris Liles �___. $47.42
Employee's overtime rate _ _ $60.05 _
Luther Pittman $49.35
Em�yee's overtime rate $62.96
$48.43
Employee's overtime rate $61.57
Jeff Rhoades $52.19
Employee's overtime We
Mialiael Sar ent $51.85 }
_Employee's overtime rate $66.69
Employee's Regular Work Schedule
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Monday—Friday 8 hours a day/40 hours per week
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DNR LAA Agreement No.93-097636 Page 8 of a 1
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MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Enterprise for Equity & WSU - Justin Smith
DEPARTMENT: WSU Extension EXT: 680
BRIEFING DATE: October 8, 2018
PREVIOUS BRIEFING DATES: None
ITEM:
EXECUTIVE SUMMARY:
"Building Connections - Strengthening Businesses in Mason County," a microenterprise
assistance program funded through the Washington State Department of Commerce is
coming to the end of its funding cycle. This program has operated successfully over the
past 24 months, reaching over 150 people who are operating or interested in operating a
small business. More than 40 participants have completed the small business training
programs and several businesses are eligible for micro-loans. Given the success of the
program and continued demand for these services from Mason County residents, the team
is seeking to re-apply for an additional $200,000 to extend the training and increase the
size of the available loan fund for Mason County businesses. Approval of our intent to
submit must be approved by the County following a public notice and hearing to allow
residents to ask questions and or raise concerns.
Cost Impact to the County:
No cost to apply.
RECOMMENDED OR REQUESTED ACTION
Approval for the County and the"Building Connections"team to re-submit for
continued funding of micro-enterprise services in Mason County.
Attachment:
Draft Program Evaluation
Briefing Summary
Mason County
Building Connections Workshop
Evaluation
Prepared by:
Division of Governmental Studies and Services (DGSS)
Washington State University Extension
Brian Anderson
Research Coordinator, DGSS
Season Hoard
Project Manager, DGSS
Christina Sanders
Director, DGSS
Introduction
The Building Connections workshop, funded by the Mason County Community Development Block Grant
and administered by WSU Extension, provided training on many aspects of developing and running a
small business. In order to evaluate the effectiveness of the workshop, a survey was administered both
before and after the workshop to participants asking about their business knowledge.This brief report
presents some of the findings from that survey.
Method
Participants were given the opportunity to take a survey before the workshop (pretest) that asked about
characteristics of their planned or current business, whether the participant had owned a business
previously, as well as their perceived knowledge of various areas of planning and running a business.
Twenty-four participants participated in the pretest.A post-test was also administered after the
workshop had been completed.The post-test asked participants to evaluate their knowledge both
before and after the workshop in the same areas as the pretest.There were 17 responses to the post-
test.
Impact
Responses to the post workshop survey clearly show that participants feel like they have increased in
their business knowledge. Every topic that was measured showed increase,though some topics showed
a greater increase in perceived knowledge than others(see the two charts in Question 8 below.)
The percentage of respondents that rated themselves as confident or really confident in their ability to
meet business goals jumped from 83%to 94%of respondents from the pretest to the post-test,
indicating that the workshop resulted in increased participant confidence.
Pretest Tables and Charts
Question 1:
Please select the industry that most closely reflects the area of your current or planned business.
(Please select all that apply.)
Percent of
Frequency respondents
Agriculture 1 4.2%
Retail 10 41.7%
Restaurants and food
5 20.8%
services
Manufacturing 1 4.2%
Transportation 0 0.0%
Warehousing 0 0.0%
Other 4 16.7%
Business/professional
2 8.3%
services
Real estate and 2 8.3%
rental leasing
Health care or social
3 12.5%
services
Arts, entertainment, 4 16.7%
and recreation
Educational Services 0 0.0%
Financial or
0 0.0%
Insurance
Industry area of current or planned business
Financial or Insurance 0%
Educational Services 0%
Arts,entertainment,and recreation 17%(4)
Health care or social services � 13%(3)
Real estate and rental leasing 8%(2)
Business/professional services 8%(2)
Other 17%(4)
Warehousing 0%
Transportation 0%
Manufacturing 4%(1)
Restaurants and food services 21%(5)
Retail 2%(10)
Agriculture 4%(1)
0% 5% 10% 15% 20% 25% 30% 35% 40% 45%
Question 2:
Does your current or planned business operate within one or more of the county's targeted industry
clusters? (Please select all that apply.)
Frequency Percent of
respondents
Tourism I Recreation 6 25.0%
Value-added Agriculture
1 4.2%
Food Processing
Information and
Communication 4 16.7%
Technology
Advanced Manufacturing 0 0.0%
Wood-Timber Products 0 0.0%
Health care I Medical
3 12.5%
Services
Businesses within county's targeted industry
Health care I Medical Services 12.5%(3)
Wood-Timber Products 0.0%
Advanced Manufacturing 0.0%
Information and Communication
16.7%(4)
Technology
Value-added Agriculture I Food Processing _ 4.2%(1)
Tourism I Recreation 25.0%(6)
0.0% 5.0% 10.0% 15.0% 20.0% 25.0% 30.0%
Question 3:
Which of the following describes your current or planned business location?
(Please select all that apply)
Frequency Percent
Retail 3 12.50%
storefront
Restaurant 0 0%
Home-based 15 62.50%
Office 0 0%
Warehouse 0 0%
Other(please 12 50%
describe)
Current or Planned Business Locations
Other(please describe) 50%(12)
Warehouse 0%
Office 0%
Home-based 62.50%(15)
Restaurant 0%
Retail storefront 12.50%(3)
0.00% 10.00% 20.00% 30.00% 40.00% 50.00% 60.00% 70.00%
Question 4:
From the list below please indicate which of the actions you have used to start or grow your business?
(Please select all that apply)
Frequency Percent
Started a business 11 45.8%
plan
Completed a 3 12.5%
business plan
Market research 13 54.2%
Looked for funding
2 8.3/0
(loans, etc.)
Attended Business
Training (Please 10 41.7%
specify)
Applied for a 11 45.8%
business license
Other(please
4 16.7%
explain)
Actions taken to start or grow your business
Other(please explain) - 16.7%(4)
Applied for a business license 45.8%(11)
Attended Business Training(Please specify) 41.7%(10)
Looked for funding(loans,etc.) _ 8.3%(2)
Market research 4.2%(13)
Completed a business plan - 12.5%(3)
Started a business plan 45.8%(11)
0.0% 10.0% 20.0% 30.0% 40.0% 50.0% 60.0%
Question 5:
Have you sought any help from county/state agencies to start or grow your business?
(Please select all that apply)
Frequency Percent
Shelton-Mason County o
Chamber of Commerce 6 25/0
North Mason Chamber of
4 16.70%
Commerce
Other Chamber of
1 4.20%
Commerce
Economic Development
Council (EDC) of Mason 4 16.70%
County
WSU Mason County o
Extension 0 0%
Olympic College 0 0%
Other(please explain) 7 29.20%
Which agencies have you sought help from to grow your
business
Other(please explain) 29.2%(7)
Olympic College 0.0%(0)
WSU Mason County Extension 0.0%(0)
Economic Development Council(EDC)of Mason
16.7%(4)
County
Other Chamber of Commerce 4.2%(1)
North Mason Chamber of Commerce 16.7%(4
Shelton-Mason County Chamber of Commerce 25.0%(6)
0.0% 5.0% 10.0% 15.0% 20.0% 25.0% 30.0% 35.0%
Question 6:
Which function(s) do you perform in your business? (Please select all that apply.)
Frequency Percent
Strategic planning 19 79.2%
Marketing 21 87.5%
Bookkeeping 21 87.5%
Managing/supervising 17 70.8%
Human Resources
(payroll, benefits, 9 37.5%
etc.)
Production 16 66.7%
Sales 22 91.7%
Finances 20 83.3%
Other 3 12.5%
Not Applicable 0 0.0%
Which function(s) do you perform in your business?
Not Applicable 0%
Other 13%(3)
Finances 83%(20)
Sales 92%(22)
Production 67%(16)
Human Resources(payroll,benefits,etc.) 38%(9)
Managing/supervising 71%(17)
Bookkeeping 88%(21)
Marketing 88%(21)
Strategic planning 79%(19)
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Question 7:
Have you owned other businesses?
Frequency Percent
Yes 8 33.3
No 16 66.6
Have you owned other businesses?
No 66.6%(16)
Yes 33.3%(8)
0.0 10.0 20.0 30.0 40.0 50.0 60.0 70.0 80.0 90.0 100.0
Percentage
Question 8:
Please indicate which category best describes your current level of knowledge in the following areas:
No Some Extensive
Knowledge knowledge Moderate knowledge
Developing a business 25% (6) 45.8% (11) 29.2%(7) 0% (0)
plan
Components of a
20.8% (5) 45.8% (11) 29.2%(7) 4.2% (1)
business plan
Evaluating from Triple 70.8% (17) 20.8% (5) 4.2% (1) 4.2% (1)
Bottom Line
Developing a clear
vision for my business 4.2% (1) 41.7% (10) 33.3% (8) 20.8% (5)
Information contained 20.8%(5) 20.8% (5) 45.8% (11) 12.5% (3)
in a credit report
How credit reports 20.8%(5) 25% (6) 45.8% (11) 8.3% (2)
impact my business
Purpose of mission 8.3% (2) 29.2% (7) 25% (6) 33.3% (8)
statement*
How to write a mission
8.3% (2) 16.7% (4) 41.7% (10) 29.2% (7)
statement
Developing/using a 16.7% (4) 29.2%(7) 33.3% (8) 20.8% (5)
budget
Preparing a business
62.5% (15) 12.5% (3) 20.8% (5) 4.2% (1)
loan application
Question 9:
Please indicate which category best describes your current level of knowledge in the following areas:
Some Extensive
No Knowledge Knowledge Moderate knowledge
Developing a marketing 25% (6) 37.5%(9) 29.2% (7) 8.3% (2)
plan
Developing marketing goals 33.3% (8) 33.3% (8) 20.8% (5) 12.5% (3)
Developing a technology 50% (12) 29.2%(7) 20.8%(5) 0% (0)
management plan
Business optimization 41.7% (10) 41.7% (10) 16.7% (4) 0% (0)
strategies
History of my business/idea 8.3%(2) 41.7% (10) 29.2% (7) 20.8% (5)
Trends within my
business/idea 16.7% (4) 41.7% (10) 29.2% (7) 12.5%(3)
Assessing feasibility of your
16.7%(4) 50% (12) 25% (6) 8.3%(2)
business idea
Strengths and weaknesses 20.8% (5) 62.5% (15) 16.7% (4) 0% (0)
of my primary competitors
Competitive advantage of 25% (6) 33.3% (8) 29.2% (7) 12.5% (3)
my business/idea
My ideal customer base 12.5% (3) 45.8%(11) 25% (6) 16.7% (4)
How many customers 1 12.5%(3) 58,3%(14) 20.8% (5) 8.3% (2)
need
Where and how to attract
12.5% (3) 37.5% (9) 50% (12) 0% (0)
my customers
Developing a pricing 16.7% (4) 58.3% (14) 20.8% (5) 4.2% (1)
strategy
Ideal customer profile 20.8% (5) 54.2% (13) 16.7% (4) 8.3% (2)
How to grow your business 16.7% (4) 58.3% (14) 20.8% (5) 4.2% (1)
Question 10:
Please indicate which category best describes your current level of knowledge in the following areas:
No Some Extensive
Knowledge Knowledge Moderate Knowledge
Steps for opening a 12.5% (3) 50% (12) 33.3% (8) 4.2%(1)
business
Determining my start-up 4.2% (1) 41.7% (10) 45.8% (11) 8.3% (2)
costs
Determining my start-up
8.3% (2) 37.5% (9) 45.8% (11) 8.3% (2)
needs
Variable and interest 50% (12) 33.3% (8) 12.5% (3) 0% (0)
costs*
My breakeven point* 37.5%(9) 25% (6) 29.2% (7) 4.2% (1)
Determining my
20.8% (5) 20.8% (5) 50% (12) 8.3% (2)
overhead costs
Legal structure of my 25% (6) 29.2% (7) 37.5%(9) 8.3% (2)
business
Taxes I pay as a business 33.3% (8) 29.2% (7) 12.5% (3) 25% (6)
owner
Developing cash flow 37.5%(9) 45.8%(11) 16.7%(4) 0% (0)
projections
Contingency planning for
29.2% (7) 50% (12) 16.7% (4) 4.2% (1)
my business
Insurance obligations for 41.7%(10) 29.2% (7) 12.5% (3) 16.7% (4)
my business
Licensing and/or
permitting requirements 8.3% (2) 29.2% (7) 29.2% (7) 33.3% (8)
for my business
Factors lenders use
when making credit 25% (6) 41.7% (10) 29.2% (7) 0% (0)
decisions*
Question 11:
From the list below please indicate the level of challenge each item poses for you in starting,growing
or sustaining your business:
Very Somewhat Not a Not
challenging challenging challenge Applicable
Financial Planning 37.5%(9) 58.3% (14) 4.2% (1) 0%(0)
Creating a business plan 20.8% (5) 66.7% (16) 12.5% (3) 0% (0)
Applying for business 33.3% (8) 45.8% (11) 12.5%(3) 8.3% (2)
loans
Getting more customers
16.7% (4) 70.8% (17) 12.5%(3) 0% (0)
or increasing my sales
Increasing my margin 20.8% (5) 50% (12) 25% (6) 4.2% (1)
(profit)
Maintaining and updating
8.3% (2) 33.3% (8) 50% (12) 4.2% (1)
my equipment*
Marketing my business 29.2% (7) 41.7% (10) 29.2%(7) 0% (0)
Receiving specialized 16.7% (4) 41.7% (10) 37.5% (9) 4.2% (1)
information or guidance
Understanding legal
structures for my 16.7% (4) 66.7% (16) 16.7% (4) 0% (0)
business
Understanding my 4.2% (1) 62.5%(15) 33.3% (8) 0% (0)
financial needs
Improving computer skills
4.2%(1) 41.7%(10) 50%(12) 4.2% (1)
(including internet)
Other
Question 12:
Please indicate your current level of confidence that you will be able to meet your business goals.
Frequency Percent
Really 11 45.8%
Confident
Confident 9 37.5%
Not sure 4 16.7%
Level of confidence in being able to meet business
goals prior to the workshop
■ Really Confident ■ Confident Not sure
Post Test
Question 1:
After completing this training, please indicate your current level of confidence in your ability to meet your
business goals.
Really Not
confident Confident Sure Unconfident
Confidence* 35.3%(6) 58.8% (10) 0(0) 0(0)
* Indicates that one or more respondents
did not answer this question
Level of confidence in your ability to meet
business goals after the workshop
OV oro
4 OV
L%
■ Really confident ■ Confident r Not Sure Unconfident
Question 4:
After completing this course,will you be seeking help from any county/state agencies to start or grow your
business? (Please select all that apply)
Percent of
respondents:
Shelton-Mason County Chamber of Commerce 64.7% (11)
North Mason Chamber of Commerce 64.7% (11)
Other Chamber of Commerce 11.8% (2)
Economic Development Council (EDC) of Mason 70.6% (12)
County
WSU Mason County Extension 58.8% (10)
Other(please explain) 17.6% (3)
1 will not be seeking help 0% (0)
*Note that respondents could choose none, or as many agencies as they
wanted in response to this question
Question 5:
As a result of participating in this course,what is the likelihood that you will
participate in the following activities?
Somewhat
Very Likely Somewhat Likely Unlikely Very Unlikely
Apply for a business 35.3% (6) 41.2%(7) 5.9% (1) 17.6% (3)
loan
Meet with a small
business development 64.7% (11) 35.3% (6) 0% (0) 0% (0)
center or other business
expert
Network with other
82.4%(14) 11.8% (2) 5.9% (1) 0% (0)
small businesses
Conduct business 82.4% (14) 11.8% (2) 0% (0) 0% (0)
research*
Participate in other 58.8%(10) 35.3%(6) 0% (0) 5.9% (1)
business training
Look for business 41.2% (7) 5.9%(1) 35.3%(6) 17.6% (3)
locations
Implement a marketing 70.6%(12) 17.6%(3) 5.9% (1) 0% (0)
strategy*
Begin the steps to
opening/expanding my 94.1%(16) 0% (0) 5.9% (1) 0% (0)
business
Seek additional 52.9% (9) 11.8%(2) 0% (0) 0%(0)
assistance
Other
* Indicates that one or more respondents did not answer this
question
Question 8:
Please indicate which category best describes your level of knowledge before and after
the workshop in the following general business planning areas:
No Some Extensive
Knowledge Knowledge Moderate Knowledge
Developing a Before 35.3%(6) 58.8% (10) 5.9% (1) 0% (0)
business plan After 0% (0) 5.9% (1) 41.2% (7) 52.9%(9)
Components of a Before 35.3% (6) 52.9% (9) 11.8% (2) 0% (0)
business plan After 0% (0) 5.9% (1) 29.4% (5) 64.7% (11)
Evaluating from Before 88.2% (15) 11.8% (2) 0% (0) 0% (0)
Triple Bottom Line After 0% (0) 11.8% (2) 47.1% (8) 41.2% (7)
Developing a clear Before* 5.9% (1) 52.9% (9) 29.4% (5) 5.9% (1)
vision for my
business After 0% (0) 11.8% (2) 41.2% (7) 47.1% (8)
Information Before 11.8% (2) 11.8% (2) 41.2%(7) 35.3% (6)
contained in a credit
report After 5.9% (1) 0% (0) 41.2%(7) 52.9% (9)
How credit reports Before* 11.8% (2) 17.6% (3) 47.1%(8) 17.6% (3)
impact my business After 5.9% (1) 11.8% (2) 41.2%(7) 41.2% (7)
Purpose of mission Before 11.8% (2) 35.3% (6) 23.5% (4) 29.4% (5)
statement After 0%(0) 11.8% (2) 29.4%(5) 58.8% (10)
How to write a Before 17.6% (3) 29.4% (5) 35.3% (6) 17.6% (3)
mission statement After 0% (0) 17.6% (3) 29.4% (5) 52.9% (9)
Developing/using a Before 0% (0) 35.3% (6) 52.9% (9) 11.8%(2)
budget After* 0% (0) 0% (0) 41.2% (7) 52.9%(9)
Preparing a business Before 64.7% (11) 11.8% (2) 11.8% (2) 11.8% (2)
loan application After 5.9% (1) 11.8% (2) 47.1% (8) 35.3% (6)
* Indicates that one or more respondents did not answer this question
Impact of workshop on
knowledge of developing a business plan
Extensive Knowledge 0.0%(0) 52.9%(9)
Moderate 5.9% 1)
41.2%(7)
(
Some Knowledge = 5.9%(1)
58.8%(10)
No Knowledge 0.0%(0)
35.3%(6)
0.0% 10.0% 20.0% 30.0% 40.0% 50.0% 60.0% 70.0%
■After the workshop ■Before the workshop
Impact of workshop on knowledge of
information contained in a credit report
Extensive Knowledge 52.9%
35.3%
Moderate 41.2%
41.2%
Some Knowledge 0.0%
- 11.8%
No Knowledge 5.9%
11.8%
0.0% 10.0% 20.0% 30.0% 40.0% 50.0% 60.0%
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Lydia Buchheit/ Todd Parker
DEPARTMENT: Community Services EXT: 404
BRIEFING DATE: 10/8/18
PREVIOUS BRIEFING DATES:
If this is a follow-up briefing, please provide only new information
ITEM:
Amendment to Community Lifeline Professional Services Contract #CL-2018.2
to increase award for an additional $16,558 from 2163 funding.
EXECUTIVE SUMMARY: (If applicable, please include available options and
potential solutions):
Community Lifeline submitted an RFP application to keep the Season Adult Emergency
Shelter open for 6 months, the duration of their special use permit. The 2018 — 2019
RFP awards from the 2163 Local Document Recording Fees were in the amount to
keep the shelter open for 5 continuous months and Community Lifeline would rely on
other funds to remain open depending on inclement weather conditions.
Upon a recent financial review of the 2163 fund a fund balance was uncovered that
will allow additional awards to be granted. The Housing and Behavioral Health
Advisory Board recommends awarding these funds to Community Lifeline so the Adult
Emergency Shelter can remain open continuously for a 6-month duration.
BUDGET IMPACTS:
None- due to increased revenue
RECOMMENDED OR REQUESTED ACTION:
Approve to move contract amendment to the action agenda.
ATTACHMENTS:
Contract Amendment
Briefing Summary 10/3/2018
Contract Between
Mason County
and
Community Lifeline
Professional Services Contract#CL-2018.2
Amendment # 1
The purpose of this amendment is to increase the total award of the contract.
IT IS MUTUALLY AGREED THEREFORE: That the Original Contract is hereby amended as follows:
1. TOTAL AWARD
This amendment provides $16,568 additional funding for the Adult Emergency Shelter to remain open
for the 6-month duration of the Special Use Permit from November 1, 2018—April 30, 2019.
2. FUNDING
$16,568 for Shelter Operations
ALL OTHER TERMS AND CONDITIONS of the original Contract and any subsequent amendments hereto
remain in full force and effect.
N WITNESS WHEREOF,the undersigned has affixed his/her signature in execution thereof on the day
of ,2018.
CONTRACTOR MASON COUNTY
Bert Pedersen Randy Neatherlin,Chair
Community Lifeline, Board Chair Mason County Board of County Commissioners
1
PUBLIC WORKS
MONDAY OCTOBER 8,2018— BRIEFING ITEMS
FROM PUBLIC WORKS
(For Commissioners Meeting October 16,2018)
Items for this meeting are due to Diane Zoren on Wednesday,October 10,21018
5.0 CORRESPONDENCE AND ORGANIZATIONAL BUSINESS
8.0 APPROVAL OF ACTION ITEM
• Extension to the Kitsap County Household Waste Interlocal Agreement
• Extension to the AAA Septic Tank Pumping and Portable Restroom Rentals LLC Sludge
Hauling Agreement
• Cooperative Streamgaging Program on the Skokomish River
(Requestingthe Board add to the October 9, 2018 Commission Meeting)
9.0 OTHER BUSINESS
(None)
10.0 PUBLIC HEARINGS AND ITEMS SET FOR A CERTAIN TIME
(None)
DISCUSSION ITEMS:
Attendees:
Commissioners: Public Works: Other Dept.: Press: Public:
_Randy Neatherlin _Jerry Hauth List below: List below List Below:
_Kevin Shutty _Bart Stepp
_Terri Drexler _Loretta Swanson
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: October 8, 2018
ITEM: Kitsap County Household Waste Interlocal Agreement Extension
EXECUTIVE SUMMARY:
Mason County has an interlocal agreement with Kitsap County to allow Mason County
residents dispose of Household Hazardous Waste (HHW) at the Kitsap County HHW
Facility in Bremerton. Kitsap County keeps track of the number of Mason County residents
who use the facility and charge the County $50 per customer. This agreement has been
in place for over 20 years, with the current agreement being signed on 12/12/2016. The
current agreement ends on 12/31/18.
The Kitsap County facility is open Thursday— Saturday from 10 AM —4 PM, providing
additional hours for Mason County residents beyond what the County provides at our Eells
Hill Transfer Station.
Staff is proposing to extend the current agreement with the approval of both counties to
June 30, 2019. The cost to Mason County of$50 per customer will not change. The
interlocal agreement has a maximum annual payment of$55,000 (1,100 customers). The
last couple years Mason County has come close to this limit but has not exceeded it.
The proposal is to extend the agreement only six months so that the agreement expiration
aligns with the state budget cycle. Since both Mason and Kitsap County use Local Solid
Waste Financial Assistance (LSFWA) grants to pay for HHW, having this agreement on the
same budget schedule as the state should allow the Counties a better understanding of
how much LSFWA funding each County is receiving during the next agreement.
Cost Impact to the Countv
The cost of this contract is covered by the tipping fee revenue in Solid Waste Fund #402
and LSWFA grant funds from Ecology. In 2016 the County looked at the cost of hiring a
private contractor to put on a mobile HHW event in north County for 1 or 2 days a year.
The cost per customer for this type of even was substantially higher than Kitsap's cost. In
order for us to take in HHW at our Belfair Drop Box Facility we would need to construct a
new building with ventilation and monitoring like we have at Eells Hill and that cost is
prohibitive so continuing with Kitsap County is the best option.
RECOMMENDED OR REQUESTED ACTION: Recommend the Board of Commissioners
sign a contract amendment extending the HHW agreement with Kitsap County through
June 30, 2019. A draft amendment is provided for your review.
Attachments:
1. 12/12/16 Signed Existing HHW Interlocal Agreement
2. Draft Agreement Extension to June 30, 2019
Briefing Summary
KC-465-16
INTERLOCAL AGREEMENT
BETWEEN KITSAP COUNTY AND MASON COUNTY TO PROVIDE RESIDENTIAL
HOUSEHOLD HAZARDOUS WASTE COLLECTION AND DISPOSAL
OPPORTUNITIES
This agreement is executed between Kitsap County ("Kitsap") and Mason County
("Mason") for the purpose of providing a permanent site with year-round availability for
proper disposal of household hazardous waste ("HHW") to Mason County residents at
the Kitsap County Household Hazardous Waste Collection Facility.
BACKGROUND
WHEREAS, the Kitsap County Moderate Risk Waste ("MRW") Management Plan
(hereinafter the"Plan")was written pursuant to RCW 70.95.220 and adopted by the
Kitsap County Commissioners; and
WHEREAS, Kitsap constructed the HHW Collection Facility (hereinafter"the
Facility") and has operated the Facility since April 18, 1996; and
WHEREAS, the Facility provides year-round availability for the proper disposal of
HHW to Kitsap County residents; and
WHEREAS, HHW disposal is funded through a combination of tipping fees
collected at Olympic View Transfer Station and a portion of the Coordinated Prevention
Grant between the State of Washington Department of Ecology and Kitsap County; and
WHEREAS, Mason residents have utilized the Facility over the past twenty(20)
years and desire to continue use of the Facility; and
WHEREAS, Kitsap and Mason share common goals to: protect watersheds;
protect groundwater and drinking water quality; provide opportunities for residents to
properly dispose of HHW; educate residents about potential hazards regarding storage
of hazardous products; and
WHEREAS, Kitsap and Mason find it is in the best interest of their citizens and in
the public welfare to enter into an interlocal agreement pursuant to RCW 39.34
regarding these common goals; and
WHEREAS, Kitsap agrees to provide year-round HHW collection opportunities to
Mason residents for the waste stream set forth in Exhibit 1, attached hereto; and
WHEREAS, Kitsap agrees to provide year-round HHW collection opportunities to
Mason residents for the fee to Mason set forth below; and
KC-465-16 HHW Disposal for Mason County Residents 11 P a g e
1
WHEREAS, Kitsap and Mason are authorized to enter into Interlocal Agreements
pursuant to Chapter 39.34 RCW;
NOW THEREFORE, the parties mutually agree as follows:
The recitals are hereby incorporated into the Agreement by this reference.
Kitsap shall make its facility services available to Mason residents according to
the terms of this Interlocal Agreement, and shall serve as the"lead entity" in the ongoing
administration and implementation of this Agreement.
Mason agrees to (a) advertise the expanded opportunities for HHW collection to
Mason residents; and (b) provide Kitsap with Mason specific MRW education materials
for distribution to Mason customers.
Mason agrees to reimburse Kitsap $50.00 per documented Mason customer.
Notwithstanding the preceding, Mason payments are not to exceed $55,000.00 per year
(1,100 customers) unless specifically approved in writing in advance.
Kitsap shall submit monthly invoices for collection and disposal services pursuant
to this Agreement to which Kitsap is entitled to compensation. Invoices shall detail the
number of Mason customers and describe their waste stream. A copy of Mason
customer sign in sheets will accompany each invoice. Mason shall make payment within
thirty (30) days following receipt of billing. Kitsap shall maintain adequate records to
support billings under this Agreement.
This Agreement shall commence at time of signing, with the effective date on
January 1, 2017, for purposes of cost reimbursement for services, and shall extend
through December 31, 2018. The parties may agree to extend this Agreement for an
additional year by amendment as set forth below.
Kitsap may terminate this Agreement whenever Kitsap determines, in its sole
discretion, that such termination is in the best interests of Kitsap County. Termination of
this Agreement by Kitsap at any time during the term, whether for default or
convenience, shall not constitute a breach of this Agreement.
Mason County may terminate this Agreement upon provision of sixty (60) days
written notice to Kitsap, and shall be liable for all actual costs incurred through the
termination date specified in such notice, consistent with the per customer fees
prescribed above.
If sufficient funds are not appropriated or allocated for payment under this
Agreement for any future fiscal period by Mason, Kitsap shall not be obligated to
provide services after the end of the current fiscal period.
Mason and Kitsap agree to defend, indemnify and hold harmless each other, at
their sole expense, including attorneys' fees, from and against any and all claims,
demands, losses, damages, liabilities, and expenses of any nature whatsoever,
KC-465-16 HHW Disposal for Mason County Residents 21 P a g e
including,but not limited to personal injury or property damage, arising out of the
performance of this Agreement,whether the demand, loss or claim is due to the
negligence of either Mason,or Kitsap, or of theirelected anal appointed officials,
officers; employees and agents,exoept'for injury or damages caused by the stole
negligence or willful misconduct of either IQtsap or Mason., its elected of appointed
officials, officers, employees or agents,
This Agreement may be amended only upon the written agreement of the.partles
executed with the same formalities required for the execution of this Agreement:There:
will be a review of per customer costs if an extension is desired;:
too separate entity is created by this Agreement:and any property purchase
under.this Agreement shall be the property of the purchaser.
This Agreement shall be.,at a minimum, recorded with the Kiitsap County Auditor.
Any notices and payments shall be mailed to,and the contract shall be administered by:
For:Kitsap County' For Mason.County:
Kitsap County Public Works Mason County Public Works Department
Solid Waste Division Utilities and Waste Management Division
6144 Division Street; MS=27 R.D. Box;578
Port Orchard,Washingfon 98366 Shelton,Washington 98584
Attn; Patricia Campbell Attnt Melissa McFadden
DATED this day, 2016 DATED this V day � ,'2'11 i
BOARD OF COUNTY COMMISSIONERS BOARD OFCOUNTY COMMISSIONERS
MASON COUNTY,`WASHINGTON KITSAP COUNTY WASHINGTON
TERRI.JEF Y chair 3;_�E
WOLFE, Chair
a
TINT SHELDON, Commissioner �jRIDO, Commissioner
D NEATHE LI'N, Commissioner ROBERT GELDER, Commissicr : ' r
•• KTI` :
ATTEST:. ATTEST: � X°
L� r: r art
, Clerk o ktreBoard Dana Daniels,Clerk of th'e fdi}r
roved as io form fi the!G Goun pvo �tr "
Approved as to form: RPP Y � _ �....��
run.Whi#ehead; -- AKarney's Office
KC-4$5-116 HHW Disposal fat Mason County Residents 31-P a g e
N
EXHIBIT 1
A-Fuels
Aerosols
Antifreeze
Auto Batteries
Cleaners
Household Batteries
Latex Paints
Mercury Lamps
Motor Oil
Oil Based Paints
Poisons
KC-465-16 HHW Disposal for Mason County Residents 41 P a g e
r
INTERLOCAL AGREEMENT AMENDMENT KC-465-16-A
BETWEEN KITSAP COUNTY AND MASON COUNTY
TO PROVIDE RESIDENTIAL HOUSEHOLD HAZARDOUS WASTE
COLLECTION AND DISPOSAL OPPORTUNITIES
This Amendment is executed between Kitsap County ("Kitsap") and Mason County
("Mason") for the purpose of extending KC-465-16-A an additional six (6) month to
match the fiscal term of the state.
In consideration of the mutual benefits and covenants contained herein, the parties
agree that their Interlocal Agreement, numbered as KC-465-16, and executed on
December 12, 2016, shall be amended as follows:
This Amendment shall extent the term of the Agreement through June 30, 2019.
Mason agrees to reimburse Kitsap $50.00 per documented Mason customer.
Notwithstanding the preceding, Mason payments are not to exceed $27,500.00
(550 customers) unless specifically approved in writing in advance.
Any notices and payments shall be mailed to and the contract shall be
administered by:
For Kitsap County:
Kitsap County Public Works
Solid Waste Division
614 Division Street, MS-27
Port Orchard, Washington 98366
Attn: Patricia Campbell
For Mason County:
Mason County Public Works Department
Utilities and Waste Management Division
P.O. Box 578
Shelton, Washington 98584
Attn: Bart Stepp
Except as expressly provided in this Amendment, all other terms and conditions of the
original Agreement shall remain in full force and effect.
The effective date of this Amendment shall be December 31, 2018.
KC-465-16-A ILA Mason County HHW Services 11 P a g e
r
DATED this day , 2018 DATED this day 12018
BOARD OF COUNTY COMMISSIONERS BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON KITSAP COUNTY, WASHINGTON
RANDY NEATHERLIN, Chair ROBERT GELDER, Chair
TERRI DREXLER, Vice Chair EDWARD E. WOLFE, Commissioner
KEVIN SHUTTY, Commissioner CHARLOTTE GARRIDO, Commissioner
ATTEST: ATTEST:
Melissa Drewry, Clerk of the Board Dana Daniels, Clerk of the Board
Approved as to form: Approved as to form by the Kitsap County
Tim Whitehead, Chief DPA Prosecuting Attorney's Office
KC-465-16-A ILA Mason County HHW Services 21 P a g e
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: October 8, 2018
ITEM: Sludge Hauling Agreement Extension with AAA Septic
EXECUTIVE SUMMARY:
Mason County has an existing contract with AAA Septic for hauling the sludge from our
three wastewater plants (Rustlewood, North Bay, and Belfair) to the City of Shelton for
solids processing. This contract expires on February 7, 2019. The signed agreement
allows for three one-year extensions upon mutual consent of the parties.
AAA Septic has provided very good service to the County. In 2017 they hauled a total of
640,944 gallons from the three plants. As of October 1st of this year, AAA has hauled
473,486 gallons from the three plants.
The price increase from 12 cents/gallon to 13 cents/gallon is still a lower cost than what
Mason County was paying to haul sludge to bio-recycling prior to the agreement with the
City of Shelton.
Staff is proposing to extend the current agreement for another year to February 7, 2020.
A draft amendment is provided for your review along with the existing agreement.
Cost Impact to the County:
The cost of this contract is covered by the operation and maintenance budgets of the
three wastewater systems. The increase to 13 cents/gallon from 12 cents/gallon will not
significantly impact the budgets of either system.
RECOMMENDED OR REQUESTED ACTION: Recommend the Board of Commissioners
authorize the Deputy Director/Utilities and Waste Management to sign a contract
amendment extending the existing sludge hauling agreement with AAA Septic Tank
Pumping and Portable Restroom Rentals, LLC through February 7, 2020.
Attachments:
1. 2/7/17 Signed Existing HHW Interlocal Agreement
2. Draft Agreement Extension to February 7, 2020
Briefing Summary
MASON COUNTY
AND
SLUDGE HAULING
PROFESSIONAL SERVICES CONTRACT
This CONTRACT is made and entered into by and between Mason County, hereinafter referred
to as"COUNTY"and AAA Septic Tank pumping and Portable Restrooms Rentals LLC,
referred to as"CONTRACTOR."
RECITALS:
WHEREAS, COUNTY desires to retain a person or firm to provide hauling of sludge from the
County's Wastewater Treatment Facilities in Belfair, Allyn and Rustlewood; and
WHEREAS, CONTRACTOR warrants that it is qualified and competent to render the aforesaid
services.
NOW, THEREFORE, for and in consideration of the CONTRACT made, and the payments to be
made by COUNTY, the parties agree to the following:
Special Conditions
All materials handling including handling, transportation, storage, deposition, disposal, and
utilization will be subject to current state and county regulatory codes. All activities will be
conducted in accordance with applicable codes and their intent to prevent illegal handling and
disposal practices, and the resulting contamination from the same, vector breeding, hazardous
materials handling, and aesthetic and other public nuisances.
General Conditions
Scope of Services:
CONTRACTOR agrees to provide COUNTY the services and any materials as set forth as
identified in "Exhibit A Scope-of-Services," during the CONTRACT period. No material, labor or
facilities will be furnished by COUNTY, unless otherwise provided for in the CONTRACT.
Performance Period:
The performance period for this CONTRACT shall be for a period of two years from date
acceptance by the Mason County Board of Commissioners, said date being February 7, 2017.
Term:
Services provided by CONTRACTOR prior to or after the term of this CONTRACT shall be
performed at the expense of CONTRACTOR and are not compensable under this CONTRACT
unless both parties hereto agree to such provision in writing. The term of this CONTRACT may
be extended by mutual consent of the parties; provided, however, that the CONTRACT is in
writing and signed by both parties
Extension:
After two years the duration of this CONTRACT may be extended annually by mutual written
consent of the parties, for periods of up to one year, for a total contract length of five years.
Compensation:
CONTRACTOR shall pick up sewage from the facilities owned and operated by the
County and transport to receiving facility at the total cost of twelve cents/gallon
($0.12/gallon) including tax. Details stated in "Exhibit B Compensation."
1
Independent Contractor:
CONTRACTOR's services shall be furnished by the CONTRACTOR as an independent
contractor, and nothing herein contained shall be construed to create a relationship of
employer-employee. All payments made hereunder and all services performed shall be made
and performed pursuant to this CONTRACT by the CONTRACTOR as an independent
contractor.
CONTRACTOR acknowledges that the entire compensation for this CONTRACT is specified in
Exhibit B Compensation and the CONTRACTOR is not entitled to any benefits including, but not
limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance
benefits, or any other rights or privileges afforded to employees of COUNTY. The
CONTRACTOR represents that he/she/it maintains a separate place of business, serves clients
other than COUNTY, will report all income and expense accrued under this CONTRACT to the
Internal Revenue Service, and has a tax account with the State of Washington Department of
Revenue for payment of all sales and use and Business and Occupation taxes collected by the
State of Washington.
CONTRACTOR will defend, indemnify and hold harmless COUNTY, its officers, agents or
employees from any loss or expense, including, but not limited to, settlements,judgments,
setoffs, attorneys'fees or costs incurred by reason of claims or demands because of breach of
the provisions of this paragraph.
Taxes:
CONTRACTOR understands and acknowledges that COUNTY will not withhold Federal or
State income taxes. Where required by State or Federal law, the CONTRACTOR authorizes
COUNTY to withhold for any taxes other than income taxes (i.e., Medicare). All compensation
received by the CONTRACTOR will be reported to the Internal Revenue Service at the end of
the calendar year in accordance with the applicable IRS regulations. It is the responsibility of
the CONTRACTOR to make the necessary estimated tax payments throughout the year, if any,
and the CONTRACTOR is solely liable for any tax obligation arising from the CONTRACTOR's
performance of this CONTRACT. The CONTRACTOR hereby agrees to indemnify COUNTY
against any demand to pay taxes arising from the CONTRACTOR's failure to pay taxes on
compensation earned pursuant to this CONTRACT.
COUNTY will pay sales and use taxes imposed on goods or services acquired hereunder as
required by law. The CONTRACTOR must pay all other taxes, including, but not limited to,
Business and Occupation Tax, taxes based on the CONTRACTOR's gross or net income, or
personal property to which COUNTY does not hold title. COUNTY is exempt from Federal
Excise Tax.
No Guarantee of Employment:
The performance of all or part of this CONTRACT by the CONTRACTOR shall not operate to
vest any employment rights whatsoever and shall not be deemed to guarantee any employment
of CONTRACTOR or any employee of CONTRACTOR or any sub-contractor or any employee
of any sub-contractor by COUNTY at the present time or in the future.
Accounting and Payment for CONTRACTOR Services:
Payment to the CONTRACTOR for services rendered under this CONTRACT shall be as set
forth in "Exhibit B Compensation." Where Exhibit"B" requires payments by the COUNTY,
payment shall be based upon written claims supported, unless otherwise provided in Exhibit "B,"
by documentation of units of work actually performed and amounts earned, including, where
appropriate, the actual number of days worked each month, total number of hours for the
2
month, and the total dollar payment requested, so as to comply with municipal auditing
requirements. Acceptable invoices will be processed within 30 days of receipt.
Unless specifically stated in Exhibit"B" or approved in writing in advance by the official
executing this CONTRACT for COUNTY or his or her designee (hereinafter referred to as the
"Administrative Officer"). COUNTY will not reimburse the CONTRACTOR for any costs or
expenses incurred by the CONTRACTOR in the performance of this CONTRACT. Where
required, COUNTY shall, upon receipt of appropriate documentation, compensate the
CONTRACTOR, no more often than monthly, in accordance with COUNTY's customary
procedures, pursuant to the fee schedule set forth in Exhibit"B."
Withholding Payment:
In the event the CONTRACTOR has failed to perform any obligation under this CONTRACT
within the times set forth in this CONTRACT, then COUNTY may, upon written notice, withhold
from amounts otherwise due and payable to CONTRACTOR, without penalty, until such failure
to perform is cured or otherwise adjudicated. Withholding under this clause shall not be
deemed a breach entitling CONTRACTOR to termination or damages, provided that COUNTY
promptly gives notice in writing to the CONTRACTOR of the nature of the default or failure to
perform, and in no case more than ten (10)days after it determines to withhold amounts
otherwise due. A determination of the Administrative Officer set forth in a notice to the
CONTRACTOR of the action required and/or the amount required to cure any alleged failure to
perform shall be deemed conclusive, except to the extent that the CONTRACTOR acts within
the times and in strict accord with the provisions of the Disputes clause of this CONTRACT.
COUNTY may act in accordance with any determination of the Administrative Officer which has
become conclusive under this clause, without prejudice to any other remedy under the
CONTRACT, to take all or any of the following actions: (1)cure any failure or default, (2)to pay
any amount so required to be paid and to charge the same to the account of the
CONTRACTOR, (3)to set off any amount so paid or incurred from amounts due or to become
due the CONTRACTOR. In the event the CONTRACTOR obtains relief upon a claim under the
Disputes clause, no penalty or damages shall accrue to CONTRACTOR by reason of good faith
withholding by COUNTY under this clause.
Labor Standards:
CONTRACTOR agrees to comply with all applicable state and federal requirements, including
but not limited to those pertaining to payment of wages and working conditions, in accordance
with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; and
the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing
wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to
work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to
health and safety as determined by regulations promulgated by the Federal Secretary of Labor
and/or the State of Washington.
Assignment and Subcontracting:
The performance of all activities contemplated by this CONTRACT shall be accomplished by
CONTRACTOR. No portion of this CONTRACT may be assigned or subcontracted to any other
individual, firm or entity without the express and prior written approval of COUNTY.
Conflict of Interest:
If at any time prior to commencement of, or during the term of this CONTRACT, CONTRACTOR
or any of its employees involved in the performance of this CONTRACT shall have or develop
an interest in the subject matter of this CONTRACT that is potentially in conflict with the
COUNTY's interest, then CONTRACTOR shall immediately notify COUNTY of the same. The
notification of COUNTY shall be made with sufficient specificity to enable COUNTY to make an
3
informed judgment as to whether or not COU NTY's-interest may be compromised in any
manner by the existence of the conflict, actual or potential. Thereafter, COUNTY may require
CONTRACTOR to take reasonable steps to remove the conflict of interest. COUNTY may also
terminate this CONTRACT according to the provisions herein for termination.
Non-Discrimination in Employment:
COUNTY's policy is to provide equal opportunity in all terms, conditions and privileges of
employment for all qualified applicants and employees without regard to race, color, creed,
religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status.
CONTRACTOR shall comply with all laws prohibiting discrimination against any employee or
applicant for employment on the grounds of race, color, creed, religion, national origin, sex,
sexual orientation, age, marital status, disability, or veteran status, except where such
constitutes a bona fide occupational qualification.
Furthermore, in those cases in which CONTRACTOR is governed by such laws,
CONTRACTOR shall take affirmative action to insure that applicants are employed, and treated
during employment, without regard to their race, color, creed, religion, national origin, sex, age,
marital status, sexual orientation, disability, or veteran status, except where such constitutes a
bona fide occupational qualification. Such action shall include, but not be limited to: advertising,
hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits,
selection for training including apprenticeship, and participation in recreational and educational
activities. In all solicitations or advertisements for employees placed by them or on their behalf,
CONTRACTOR shall state that all qualified applicants will receive consideration for employment
without regard to race, color, religion, sex or national origin.
The foregoing provisions shall also be binding upon any sub-contractor, provided that the
foregoing provision shall not apply to contracts or sub-contractors for standard commercial
supplies or raw materials, or to sole proprietorships with no employees.
Non-Discrimination in Client Services:
CONTRACTOR shall not discriminate on the grounds of race, color, creed, religion, national
origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny an
individual or business any service or benefits under this CONTRACT; or subject an individual or
business to segregation or separate treatment in any manner related to his/her/its receipt any
service or services or other benefits provided under this CONTRACT; or deny an individual or
business an opportunity to participate in any program provided by this CONTRACT.
Waiver of Noncompetition:
CONTRACTOR irrevocably waives any existing rights which it may have, by contract or
otherwise, to require another person or corporation to refrain from submitting a proposal to or
performing work or providing supplies to COUNTY, and CONTRACTOR further promises that it
will not in the future, directly or indirectly, induce or solicit any person or corporation to refrain
from submitting a bid or proposal to or from performing work or providing supplies to COUNTY.
Certification Regarding Federal Debarment, Suspension, Ineligibility and Voluntary
Exclusion- Lower Tier Covered Transactions:
CONTRACTOR further certifies, by executing this CONTRACT, that neither it nor its principles
is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any Federal department or Agency.
CONTRACTOR also agrees that it shall not knowingly enter into any lower tier covered
transactions (a transaction between CONTRACTOR and any other person)with a person who is
proposed for debarment, debarred, suspended, declared ineligible, or voluntarily excluded from
4
participation in this covered transaction, and CONTRACTOR agrees to include this clause titled
"Certification Regarding Federal Debarment, Suspension, Ineligibility and Voluntary Exclusion -
Lower Tier Covered Transaction"without modification, in all lower tier covered transactions and
in all solicitations for lower tier transactions.
The "General Service Administration List of Parties Excluded from Federal Procurement or Non-
procurement Programs" is available to research this information at http://epis.arnet.gov/.
Ownership of Items Produced:
All writings, programs, data, public records or other materials prepared by CONTRACTOR
and/or its consultants or sub-contractors, in connection with performance of this CONTRACT,
shall be the sole and absolute property of COUNTY.
When CONTRACTOR creates any copyrightable materials or invents any patentable property,
CONTRACTOR may copyright or patent the same, but COUNTY retains a royalty-free,
nonexclusive and irrevocable license to reproduce, publish, recover, or otherwise use the
materials or property and to authorize other governments to use the same for state or local
governmental purposes. CONTRACTOR further agrees to make research, notes, and other
work products produced in the performance of this CONTRACT available to COUNTY upon
request.
Patent/Copyright Infringement:
CONTRACTOR will defend and indemnify COUNTY from any claimed action, cause or demand
brought against COUNTY, to the extent such action is based on the claim that information
supplied by the CONTRACTOR infringes any patent or copyright. CONTRACTOR will pay
those costs and damages attributable to any such claims that are finally awarded against
COUNTY in any action. Such defense and payments are conditioned upon the following:
A. CONTRACTOR shall be notified promptly in writing by COUNTY of any notice of such claim.
B. CONTRACTOR shall have the right, hereunder, at its option and expense, to obtain for
COUNTY the right to continue using the information, in the event such claim of infringement, is
made, provided no reduction in performance or loss results to COUNTY.
Confidentiality:
CONTRACTOR, its employees, sub-contractors, and their employees shall maintain the
confidentiality of all information provided by COUNTY or acquired by CONTRACTOR in
performance of this CONTRACT, except upon the prior written consent of COUNTY or an order
entered by a court after having acquired jurisdiction over COUNTY. CONTRACTOR shall
immediately give to COUNTY notice of any judicial proceeding seeking disclosure of such
information. CONTRACTOR shall indemnify and hold harmless COUNTY, its officials, agents
or employees from all loss or expense, including, but not limited to, settlements, judgments,
setoffs, attorneys'fees and costs resulting from CONTRACTOR's breach of this provision.
Right to Review:
This CONTRACT is subject to review by any Federal, State or COUNTY auditor. COUNTY or
its designee shall have the right to review and monitor the financial and service components of
this program by whatever means are deemed expedient by the Administrative Officer or by
COUNTY's Auditor's Office. Such review may occur with or without notice and may include, but
is not limited to, on-site inspection by COUNTY agents or employees, inspection of all records
or other materials which COUNTY deems pertinent to the CONTRACT and its performance, and
any and all communications with or evaluations by service recipients under this CONTRACT.
CONTRACTOR shall preserve and maintain all financial records and records relating to the
performance of work under this CONTRACT for six(6) years after CONTRACT termination, and
shall make them available for such review, within Mason County, State of Washington, upon
5
request. CONTRACTOR also agrees to notify the Administrative Officer in advance of any
inspections, audits, or program review by any individual, agency, or governmental unit whose
purpose is to review the services provided within the terms of this CONTRACT. If no advance
notice is given to CONTRACTOR, then CONTRACTOR agrees to notify the Administrative
Officer as soon as it is practical.
Insurance Requirements:
At a minimum, CONTRACTOR shall provide insurance that meets or exceeds the requirements
detailed in "Exhibit C Insurance Requirements."
Insurance as a Condition of Payment:
Payments due to CONTRACTOR under this CONTRACT are expressly conditioned upon the
CONTRACTOR's strict compliance with all insurance requirements under this CONTRACT.
Payment to CONTRACTOR shall be suspended in the event of non-compliance. Upon receipt
of evidence of full compliance, payments not otherwise subject to withholding or set-off will be
released to CONTRACTOR.
Proof of Insurance:
A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to
COUNTY within five (5)days of CONTRACT execution.
Industrial Insurance Waiver:
With respect to the performance of this CONTRACT and as to claims against COUNTY, its
officers, agents and employees, CONTRACTOR expressly waives its immunity under Title 51 of
the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and
agrees that the obligations to indemnify, defend and hold harmless provided in this CONTRACT
extend to any claim brought by or on behalf of any employee of CONTRACTOR. This waiver is
mutually negotiated by the parties to this CONTRACT.
CONTRACTOR Commitments,Warranties and Representations:
Any written commitment received from CONTRACTOR concerning this CONTRACT shall be
binding upon CONTRACTOR, unless otherwise specifically provided herein with reference to
this paragraph. Failure of CONTRACTOR to fulfill such a commitment shall render
CONTRACTOR liable for damages to COUNTY. A commitment includes, but is not limited to,
any representation made prior to execution of this CONTRACT, whether or not incorporated
elsewhere herein by reference, as to performance of services or equipment, prices or options
for future acquisition to remain in effect for a fixed period, or warranties.
Defense and Indemnity Contract:
Indemnification by CONTRACTOR. To the fullest extent permitted by law, CONTRACTOR
agrees to indemnify, defend and hold COUNTY and its departments, elected and appointed
officials, employees, agents and volunteers, harmless from and against any and all claims,
damages, losses and expenses, including but not limited to court costs, attorney's fees and
alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness,
disease or death and for any damage to or destruction of any property(including the loss of use
resulting therefrom)which 1) are caused in whole or in part by any act or omission, negligent or
otherwise, of the CONTRACTOR, its employees, agents or volunteers or CONTRACTOR's
subcontractors and their employees, agents or volunteers; or 2) are directly or indirectly arising
out of, resulting from, or in connection with performance of this CONTRACT; or 3) are based
upon CONTRACTOR's or its subcontractors' use of, presence upon or proximity to the property
of COUNTY. This indemnification obligation of CONTRACTOR shall not apply in the limited
circumstance where the claim, damage, loss or expense is caused by the sole negligence of
COUNTY. This indemnification obligation of the CONTRACTOR shall not be limited in any way
6
by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other
workmen's compensation act, disability benefit act or other employee benefit act, and the
CONTRACTOR hereby expressly waives any immunity afforded by such acts. The foregoing
indemnification obligations of the CONTRACTOR are a material inducement to COUNTY to
enter into this CONTRACT, are reflected in CONTRACTOR's compensation, and have been
mutually negotiated by the parties.
Participation by County—No Waiver. COUNTY reserves the right, but not the obligation, to
participate in the defense of any claim, damages, losses or expenses and such participation
shall not constitute a waiver of CONTRACTOR's indemnity obligations under this CONTRACT.
Survival of CONTRACTOR's Indemnity Obligations. CONTRACTOR agrees all
CONTRACTOR's indemnity obligations shall survive the completion, expiration or termination of
this CONTRACT.
Indemnity by Subcontractors. In the event the CONTRACTOR enters into subcontracts to the
extent allowed under this CONTRACT, CONTRACTOR's subcontractors shall indemnify
COUNTY on a basis equal to or exceeding CONTRACTOR's indemnity obligations to COUNTY.
Compliance with Applicable Laws, Rules and Regulations:
This CONTRACT shall be subject to all laws, rules, and regulations of the United States of
America, the State of Washington, political subdivisions of the State of Washington and Mason
County. CONTRACTOR also agrees to comply with applicable Federal, State, County or
municipal standards for licensing, certification and operation of facilities and programs, and
accreditation and licensing of individuals.
Administration of Contract:
COUNTY hereby appoints, and CONTRACTOR hereby accepts, the Mason County's Deputy
Director Public Works-Utilities and Waste Manager, as COUNTY's representative, hereinafter
referred to as the Administrative Officer, for the purposes of administering the provisions of this
CONTRACT, including COUNTY's right to receive and act on all reports and documents, and
any auditing performed by the COUNTY related to this CONTRACT.
COUNTY's Administrative Officer:
Bart Stepp, PE
Mason County
Deputy Director Public Works-Utilities and Waste Division
100 Public Works Drive
Shelton, WA 98584
Phone: (360)427-9760 Ext. 652
E-mail: BStepp@co.mason.wa.us
CONTRACTOR's Administrative Officer:
Debra Lovely, Owner
AAA Septic Tank pumping and Portable Restrooms Rentals LLC
2272 E Brockdale Road
Shelton, WA 98584
Phone: (360) 427-6110
E-mail: aaasepticllc@gmail.com
7
Notice:
Except as set forth elsewhere in the CONTRACT, for all purposes under this CONTRACT
except service of process, notice shall be given by CONTRACTOR to COUNTY's Administrative
Officer under this CONTRACT. Notices and other communication may be conducted via
e-mail, U.S. mail, fax, hand-delivery or other generally accepted manner including
delivery services.
Modifications:
Either party may request changes in the CONTRACT. Any and all agreed modifications, to be
valid and binding upon either party, shall be in writing and signed by both of the parties.
Termination for Default:
If CONTRACTOR defaults by failing to perform any of the obligations of the CONTRACT or
becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or
makes an assignment for the benefit of creditors, COUNTY may, by depositing written notice to
CONTRACTOR in the U.S. mail, terminate the CONTRACT, and at COUNTY's option, obtain
performance of the work elsewhere. If the CONTRACT is terminated for default,
CONTRACTOR shall not be entitled to receive any further payments under the CONTRACT
until all work called for has been fully performed. Any extra cost or damage to COUNTY
resulting from such default(s)shall be deducted from any money due or coming due to
CONTRACTOR. CONTRACTOR shall bear any extra expenses incurred by COUNTY in
completing the work, including all increased costs for completing the work, and all damage
sustained, or which may be sustained by COUNTY by reason of such default.
If a notice of termination for default has been issued and it is later determined for any reason
that CONTRACTOR was not in default, the rights and obligations of the parties shall be the
same as if the notice of termination had been issued pursuant to the Termination for Public
Convenience paragraph hereof.
Termination for Public Convenience:
COUNTY may terminate this CONTRACT in whole or in part whenever COUNTY determines, in
its sole discretion, that such termination is in the interests of COUNTY. Whenever the
CONTRACT is terminated in accordance with this paragraph, CONTRACTOR shall be entitled
to payment for actual work performed in compliance with Exhibit A Scope-of-Services and
Exhibit B Compensation. An equitable adjustment in the CONTRACT price for partially
completed items of work will be made, but such adjustment shall not include provision for loss of
anticipated profit on deleted or uncompleted work. Termination of this CONTRACT by
COUNTY at any time during the term, whether for default or convenience, shall not constitute
breach of CONTRACT by COUNTY.
Termination for Reduced Funding:
COUNTY may terminate this CONTRACT in whole or in part should COUNTY determine, in its
sole discretion, that such termination is necessary due to a decrease in available funding
including State and/or Federal grants. Whenever the CONTRACT is terminated in accordance
with this paragraph, the CONTRACTOR shall be entitled to payment for actual work performed
in compliance with Exhibit A Scope-of-Services and Exhibit B Compensation.
Disputes:
1. Differences between the CONTRACTOR and COUNTY, arising under and by virtue of the
AGREEMENT shall be brought to the attention of COUNTY at the earliest possible time in order
that such matters may be settled or other appropriate action promptly taken. For objections that
8
are not made in the manner specified and within the time limits stated, the records, orders,
rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive.
2. The CONTRACTOR shall not be entitled to additional compensation which otherwise may be
payable, or to extension of time for(1)any act or failure to act by the Administrative Officer of
COUNTY, or(2)the happening of any event or occurrence, unless the CONTRACTOR has
given COUNTY a written Notice of Potential Claim within ten (10)days of the commencement of
the act,failure, or event giving rise to the claim, and before final payment by COUNTY. The
written Notice of Potential Claim shall set forth the reasons for which the CONTRACTOR
believes additional compensation or extension of time is due, the nature of the cost involved,
and insofar as possible, the amount of the potential claim. CONTRACTOR shall keep full and
complete daily records of the work performed, labor and material used, and all costs and
additional time claimed to be additional.
3. The CONTRACTOR shall not be entitled to claim any such additional compensation, or
extension of time, unless within thirty(30)days of the accomplishment of the portion of the work
from which the claim arose, and before final payment by COUNTY, the CONTRACTOR has
given COUNTY a detailed written statement of each element of cost or other compensation
requested and of all elements of additional time required, and copies of any supporting
documents evidencing the amount or the extension of time claimed to be due.
Arbitration:
Other than claims for injunctive relief brought by a party hereto(which may be brought either in
court or pursuant to this arbitration provision), and consistent with the provisions hereinabove,
any claim, dispute or controversy between the parties under, arising out of, or related to this
CONTRACT or otherwise, including issues of specific performance, shall be determined by
arbitration in Shelton, Washington, under the applicable American Arbitration Association(AAA)
rules in effect on the date hereof, as modified by this CONTRACT. There shall be one arbitrator
selected by the parties within ten (10)days of the arbitration demand, or if not, by the AAA or
any other group having similar credentials. Any issue about whether a claim is covered by this
CONTRACT shall be determined by the arbitrator. The arbitrator shall apply substantive law
and may award injunctive relief, equitable relief(including specific performance), or any other
remedy available from a judge, including expenses, costs and attorney fees to the prevailing
party and pre-award interest, but shall not have the power to award punitive damages. The
decision of the arbitrator shall be final and binding and an order confirming the award or
judgment upon the award may be entered in any court having jurisdiction. The parties agree
that the decision of the arbitrator shall be the sole and exclusive remedy between them
regarding any dispute presented or pled before the arbitrator. At the request of either party
made not later than forty-five (45)days after the arbitration demand, the parties agree to submit
the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided,
that either party may decline to mediate and proceed with arbitration.
Any arbitration proceeding commenced to enforce or interpret this CONTRACT shall be brought
within six(6) years after the initial occurrence giving rise to the claim, dispute or issue for which
arbitration is commenced, regardless of the date of discovery or whether the claim, dispute or
issue was continuing in nature. Claims, disputes or issues arising more than six(6)years prior
to a written request or demand for arbitration issued under this Agreement are not subject to
arbitration.
Venue and Choice of Law:
In the event that any litigation should arise concerning the construction or interpretation of any
of the terms of this CONTRACT, the venue of such action of litigation shall be in the courts of
the State of Washington and Mason County. Unless otherwise specified herein, this
CONTRACT shall be governed by the laws of Mason County and the State of Washington.
9
Severability:
If any term or condition of this CONTRACT or the application thereof to any persons)or
circumstances is held invalid*such invalidity shall not affect other terms, conditions 0
applications which can be given effect without the invalid terra, condition or applieatiori. To this
end,the terms and°condhioris of this CONTRACT are declared severable.
'Waiver:
Waiver of any breach or condition of this CONTRACT shall not be.deemed a waiver of"any prior
or subsequent breach. No term or condition of this. CONTRACT shall.be.held to be waived,
modified or deleted except by an instrument, in writing, signed by the.parties hereto.The failure
of COUNTY to insist upon strict performance of any of the covenants of this CONTRACT; or to
exercise any option here1hconferred in any one or more instances,shall not be construed to be
a waiver or relinquishmentof any such,or any other covenants or contracts, but the same shall
be and remain in full force and effept..
Order of Precedence:
A. Exhibit A—Scope of Services
B.`Exhibit 8 Compensation
C. Exhibit C Insurance Requirements
D..Request for Proposal.and.Addendum#1
Entire Contract:
This written CONTRACT, comprised.of the writings signed or otherwise identified.and attached
hereto, represents the entire CONTRACT between the parties and supersedes any prior oral
statements, discussions or understandings between the parties.
IN WITNESS WHEREOF, COUNTY and CONTRACTOR have executed this CONTRACT as
of the date and year last written below.
CONTRACTOR BOARD OF COUNTY COMMISSIONERS
MASON'C:OUN - . SHINGTON.
Debra:lovely, Owner K n Shutty, C sir
Dated: ' Dated: ' 113
i
.APPROVED AS TO FORM;
Tim hitehead, Chief DPA
10
EXHIBIT A
SCOPE OF SERVICES
A. Transportation and Disposal of Sludge
The Contractor shall transport the sludge/material directly from the County's Wastewater
Treatment Facilities in Belfair, Allyn and Rustlewood to the City of Shelton's Treatment Plant or
any other site the County designates. Under no circumstances shall the Contractor be allowed
to make any additional stops in transit to the disposal site to haul any payload other than the
sludge or sewage material.
All hauling and handling equipment and labor shall be provided by the Contractor. Hauling
equipment shall not permit sludge to leak or splash onto roads during the loading or
transportation. Contractor shall be responsible for cleaning up any spilled, leaked, or splashed
sludge or other contents on roads or other areas at or away from the site of Work.
All truck tanks and trailers used for hauling of sludge will be rinsed out prior to taking any sludge
from a Mason County Facility. The tanks shall not have any inorganic bio-degradable items like
paper, band-aids, clothing material, or plastics in them prior to accepting sludge from a Mason
County Facility.
HOURS OF OPERATION: The hours of operation at all facilities are from 8:00 AM until
4:00 PM seven days a week. Special arrangements or emergency service may be required
outside of these hours on an as needed basis. The City of Shelton will only accept sludge
Monday-Thursday and does not accept sludge after 3:00 PM.
The Contractor shall provide copies of the County approved volume based "trip ticket", by the
fifth (5h)day of each month.
11
EXHIBIT B
COMPENSATION
NOTE-include billing/invoice specifics.
A. Compensation:
CONTRACTOR will be compensated based on the amount of sludge hauled. There is no
minimum amount guaranteed to the CONTRACTOR. The CONTRACTOR will be paid a total
cost of twelve cents/gallon ($0.12/gallon). This price includes a hauling cost of eleven
cents/gallon ($0.11/gallon) and a tax of one cent/gallon ($0.01/gallon).
B. Requests for Payment:
1. At a minimum the invoice is to include: performance period; date of submission;
CONTRACTOR's name, remittance address and phone number; number of gallons being billed;
invoice total; and any additional applicable information.
2. Submit via e-mail or hard copy as preferred to:
Bart Stepp, PE
Mason County
Deputy Director Public Works-Utilities and Waste Division
100 Public Works Drive
Shelton, WA 98584
Phone: (360)427-9760 Ext. 652
E-mail: BStepp@co.mason.wa.us
3. Payment will be made to CONTRACTOR within thirty(30)days of the receipt of a complete
and accurate invoice
12
EXHIBIT C
INSURANCE REQUIREMENTS
A. MINIMUM Insurance Requirements:
1. Commercial General Liability Insurance using Insurance Services Office"Commercial
General Liability" policy form CG 00 01, with an edition date prior to 2004, or the exact
equivalent. Coverage for an additional insured shall not be limited to its vicarious liability.
Defense costs must be paid in addition to limits. Limits shall be no less than $1,000,000 per
occurrence for all covered losses and no less than $2,000,000 general aggregate, for bodily
injury, personal injury, and property damage, including without limitation, blanket contractual
liability.
2. Workers' Compensation on a state-approved policy form providing statutory benefits as
required by law with employer's liability limits for CONTRACTOR's,with two (2)or more
employees and/or volunteers, no less than $1,000,000 per accident for all covered losses.
3. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including owned,
non-owned and hired autos, or the exact equivalent. Limits shall be no less than $2,000,000 per
accident, combined single limit. If CONTRACTOR owns no vehicles, this requirement may be
satisfied by a non-owned auto endorsement to the general liability policy described above. If
CONTRACTOR or CONTRACTOR's employees will use personal autos in any way on this
project, CONTRACTOR shall obtain evidence of personal auto liability coverage for each such
person.
B. Certificate of Insurance:
A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to
COUNTY within five (5)days of CONTRACT execution.
C. Basic Stipulations:
1. CONTRACTOR agrees to endorse third party liability coverage required herein to include as
additional insureds COUNTY, its officials, employees and agents, using ISO endorsement CG
20 10 with an edition date prior to 2004. CONTRACTOR also agrees to require all contractors,
subcontractors, and anyone else involved in this CONTRACT on behalf of the CONTRACTOR
(hereinafter"indemnifying parties")to comply with these provisions.
2. CONTRACTOR agrees to waive rights of recovery against COUNTY regardless of the
applicability of any insurance proceeds, and to require all indemnifying parties to do likewise.
3. All insurance coverage maintained or procured by CONTRACTOR or required of others by
CONTRACTOR pursuant to this CONTRACT shall be endorsed to delete the subrogation
condition as to COUNTY, or must specifically allow the named insured to waive subrogation
prior to a loss.
4. All coverage types and limits required are subject to approval, modification and additional
requirements by COUNTY. CONTRACTOR shall not make any reductions in scope or limits of
coverage that may affect COUNTY's protection without COUNTY's prior written consent.
5. CONTRACTOR agrees to provide evidence of the insurance required herein, satisfactory to
COUNTY, consisting of: a) certificate(s) of insurance evidencing all of the coverages required
and, b) an additional insured endorsement to CONTRACTOR's general liability policy using
Insurance Services Office form CG 20 10 with an edition date prior to 2004. CONTRACTOR
agrees, upon request by COUNTY to provide complete, certified copies of any policies required
within 10 days of such request. COUNTY has the right, but not the duty, to obtain any insurance
13
it deems necessary to protect its interests. Any premium so paid by COUNTY shall be charged
to and promptly paid by CONTRACTOR or deducted from sums due CONTRACTOR. Any
actual or alleged failure on the part of COUNTY or any other additional insured under these
requirements to obtain proof of insurance required under this CONTRACT in no way waives any
right or remedy of COUNTY or any additional insured, in this or in any other regard.
6. It is acknowledged by the parties of this CONTRACT that all insurance coverage required to
be provided by CONTRACTOR or indemnifying party, is intended to apply first and on a primary
non-contributing basis in relation to any other insurance or self-insurance available to COUNTY.
7. CONTRACTOR agrees not to self-insure or to use any self-insured retentions on any portion
of the insurance required herein and further agrees that it will not allow any indemnifying party
to self- insure its obligations to COUNTY. If CONTRACTOR's existing coverage includes a self-
insured retention, the self-insured retention must be declared to the COUNTY. The COUNTY
may review options with CONTRACTOR, which may include reduction or elimination of the self-
insured retention, substitution of other coverage, or other solutions.
8. CONTRACTOR will renew the required coverage annually as long as COUNTY, or its
employees or agents face an exposure from operations of any type pursuant to this
CONTRACT. This obligation applies whether or not the CONTRACT is canceled or terminated
for any reason. Termination of this obligation is not effective until COUNTY executes a written
statement to that effect.
9. The limits of insurance as described above shall be considered as minimum requirements.
Should any coverage carried by CONTRACTOR or a subcontractor of any tier maintain
insurance with limits of liability that exceed the required limits or coverage that is broader than
as outlined above, those higher limits and broader coverage shall be deemed to apply for the
benefit of any person or organization included as an additional insured and those limits shall
become the required minimum limits of insurance in all Paragraphs and Sections of this
CONTRACT.
10. None of the policies required herein shall be in compliance with these requirements if they
include any limiting endorsement that has not been first submitted to COUNTY and approved of
in writing.
11. The requirements in this Exhibit supersede all other sections and provisions of this
CONTRACT to the extent that any other section or provision conflicts with or impairs the
provisions of this Exhibit.
12. Unless otherwise approved by COUNTY, insurance provided pursuant to these
requirements shall be by insurers authorized to do business in Washington and with a minimum
A.M. Best rating of A-:VII.
13. All insurance coverage and limits provided by CONTRACTOR and available or applicable to
this agreement are intended to apply to the full extent of the policies. Nothing contained in this
CONTRACT limits the application of such insurance coverage.
14. CONTRACTOR agrees require insurers, to provide notice to COUNTY thirty(30)days prior
to cancellation of such liability coverage or of any material alteration or non-renewal of any such
coverage, other than for non-payment of premium. CONTRACTOR shall assure that this
provision also applies to any subcontractors,joint ventures or any other party engaged by or on
behalf of contractor in relation to this agreement. Certificate(s) are to reflect that the issuer will
provide thirty(30) days' notice to COUNTY of any cancellation of coverage.
14
15. COUNTY reserves the right at any time during the term of the CONTRACT to change the
amounts and types of insurance required by giving the CONTRACTOR ninety(90)days
advance written notice of such change. If such change results in substantial additional cost to
the CONTRACTOR, the COUNTY and CONTRACTOR may renegotiate CONTRACTOR's
compensation.
16. Requirements of specific coverage features are not intended as limitation on other
requirements or as waiver of any coverage normally provided by any given policy. Specific
reference to a coverage feature is for purposes of clarification only as it pertains to a given issue
and is not intended by any party or insured to be all-inclusive.
17. CONTRACTOR agrees to provide immediate notice to COUNTY of any claim or loss against
CONTRACTOR arising out of the work performed under this agreement. COUNTY assumes no
obligation or liability by such notice, but has the right(but not the duty)to monitor the handling of
any such claim or claims if they are likely to involve COUNTY.
15
COUNTY OF MASON
DEPARTMENT OF PUBLIC WORKS
REQUEST FOR PROPOSALS
SLUDGE HAULING SERVICES
Submittal Date: January 5,2017
Proposal
Mason County is currently requesting proposals for the hauling of accumulated sludge from the County's
Wastewater Treatment Facilities in Belfair,Allyn and Rustlewood;transporting sludge to the City of Shelton's
Treatment Plant located at Fairmount Avenue in Shelton,Washington.ADDITIONAL TRANSPORTING SITES
MAY BE INCLUDED IN THIS CONTRACT although that is not anticipated.
The Contractor shall provide all equipment,materials,supplies and labor to successfully carry out the requirements
of this service agreement.The cost and availability are important considerations in the process of selecting a
Contractor,but not the only considerations.Other factors include:responsiveness to the RFP qualifications,track
record of successes at other municipalities,identification and understanding of the County's requirements as
embodied within this RFP,and experience and qualifications of key personnel.
Background and Need
Mason County is responsible for the maintenance and operation of three wastewater treatment facilities;the Belfair
WRF(Belfair),the Rustlewood WTP(Grapeview)and the NorthBay/Case Inlet WRF(Allyn).These facilities need
routine hauling of sludge to keep the systems operating effectively. The solids percentage at each of these facilities
is expected to be between 1—4%. In 2014 Mason County hauled 495,000 gallons of sludge. In 2015 Mason
County hauled 658,500 gallons of sludge. The sludge will be delivered to the City of Shelton treatment facility and
processed into Class A biosolids.
Requirements
The original proposal(of no more than 6 pages)and four(4)copies must be submitted to Public Works in a sealed
envelope by 4:00 p.m.on January 5,2017 and clearly marked:Sludge Hauling Services.Proposals should be
delivered to:
Mason County Public Works
Attn:Bart Stepp
100 W Public Works Drive,Bldg 1
Shelton,WA 98584
Proposals received after the deadline will not be considered.Any proposal received,after the scheduled closing
time,shall be returned to the vendor unopened.Proposals may be sent by mail or turned in personally,however,if
sent by mail,the responsibility for delivering a proposal to the County before the deadline is wholly upon the
vendor.
A vendor may not withdraw its proposal after it is formally opened by a representative from the County.
Vendor shall provide a cost per gallon for the hauling of sludge from each facility to the Shelton Treatment Plant.
Vendor shall include in its proposal all applicable local,city,state and federal taxes.It is the vendor's obligation to
state,on their proposal sheet,the correct percentage and total applicable federal,state,city and local taxes. Taxes
shall not be imbedded in other costs in the proposal but shall be explicitly expressed.
Costs
Those submitting proposals do so entirely at their expense.There is no expressed or implied obligation by the
Mason County to reimburse any individual or firm for any costs incurred in preparing or submitting proposals,
providing additional information when requested by the Mason County,or for participating in any selection
interviews.
16
n niries
Vendors with questions about:the proposal may contact Bart Stepp at(360).427-9610,ext,652,or by email at
bst=(d,—co.mason.\aa.us. The Mason County contact will also receive written requests fof clarification and/or
interpretation.for this Request for Proposal up to seven(7):business days prior'to the due date,
Proposed Schedule
Publish RFP4. J ,,.�.,, ,... ,December 22:;2016&December 22,2016
Proposal Due .e.:: •••••.... Thursday January ,2017 at 4 PM
Anticipated Award Announeeigent., ,Tuesday Januat -17,.2017
Anticipated Contract Start Date;... ......:.Wednesday Febtpary 1,201'1
Proposal-Format
In order to thoroughly analyze the responses to the:RFP,vendors are required to prepare their ptoposaLs in
accordance with the institans outlined in this Section.Vendors whose proposals'deviate fro.m these instructions
may be considered non-responsive and maybe disqualified at,the discretion of Mason County.
Vendors must present their products,services and applicable features in it clear and eoneise matiner that
demonstrates the vendors'.capabilittes to saf sty the requirements of this RFP..Fniphasts should be concentrated on
accuracy,clarity;comprehensivoness and ease of identrfyrxtg pertinent informatxga and suitability of the product and
services.The proposal should be organized into the following.major sections,Instructions relative to each section
are defned.in Proposal Requirements.
Letter of Transmittal
Vendor.Profile
did Proposal"Attachment#1"
Statement of.Intent to pay prevailing W- ge'as applicable
Ment References
Mason County hereby nQtifies all parties d'.44t will affirmatively'insure that atiy contract agreement entered into
pursuant to this advertisement:min6ritybus tie§s enterprises will be afforded..full opportunity to submit bids in
response to this invitation,44d will.not be discrntiinated against on the grounds of race,color,sex,or national origin
in consideration for an award..
Agreement for hauling of sludge.will be for a period beginning upott approval ofihe applicable contract agreeuieaf
by the Board of County Commissioners and expiring two:year from that date with the Option to extend 0A year:
The Contractor whose proposal is accepted shall provide the niecessiW Pexforrnance Bond and Liability
Insurauce.prior to contract.agreement approval.. The Contractor shall also provide trip,tickets
demonstrating vohunes hauled per trip. Such trap tickets shall be submitted to the County with.each invoice.
submittal by the Contractor,.
The Contractor shall also prq-.jde a Statement of Iutcnt to Pay Prevailing Wages if requireii.
PROPOSAL REQUIREMENTS
Vendor Profile
Please provide a vendor profile that indiestes the number of staf�,year's,established and key personnel.Inaddition,
please provide relevant experience of'your firman performing:similar work..
Bid Proposal(Attachment"S"):
The contraet:award will be based.on the cost per gallon to.Masan County for hauling of sludge ihcluding all
applicable taxes.
1.7
t
Client References
Please provide a list of at least three municipalities or wastewater utilities that use your services that are comparable
in size and scope to this request.Please include names and phone numbers of responsible individuals who can be
contacted.
Performance Bond
The Proposer shall provide Mason County with a Performance Bond or Letter of Credit from a bank or other
approved financial institution in an amount of$10,000.00.Said Bond or Letter of Credit shall be furnished to Mason
County on or before the effective date of this agreement,and shall be subject to the approval of the Mason County
Prosecuting Attorney.
Wastewater Facility Locations
Services shall be hauled from the following locations:
Belfair WRF North Bay/Case Inlet WRF Rustlewood WWTP
25200 NE SR 3 1001 E Reclamation Ridge Rd. 111 E Rustle Way
Belfair,WA 98528 Allyn,WA 98524 Grapeview,WA 98546
Method of Payment
Payment will be made within 30 days of receipt of invoice delivery to the County,assuming the services provided
were accepted and that proper and correct billing has been received by the Mason County Department of Public
Works/Utilities&Waste Management(100 W Public Works Drive,Shelton,WA 98584)before the 5th of each
month.
Mason County,in accordance with Title VI of the Civil Rights Act of 1964
78 Stat.252,42 U.S.C.2000d to 2000d11 and Title 49,Code of Federal Regulations,Department of Transportation,
Subtitle A,Office of the Secretary,Part 21,nondiscrimination in federally assisted programs of the Department of
Transportation issued pursuant to such Act,hereby notifies all bidders that it will affirmatively insure that in any
contract entered into pursuant to this advertisement,disadvantaged business enterprises will be afforded full
opportunity to submit bids in response to this Mason County Public Works Sludge Hauling Services RFP invitation
and will not be discriminated against on the grounds of race,color,or national origin in consideration for an award.
Regulation Compliance Requirements
All materials handling including handling,transportation,storage,deposition,disposal,and utilization will be
subject to current state and county regulatory codes. All activities will be conducted in accordance with applicable
codes and their intent to prevent illegal handling and disposal practices,and the resulting contamination from the
same,vector breeding,hazardous materials handling,and aesthetic and other public nuisances.
Insurance
At a minimum,the Contractor shall provide insurance that meets or exceeds the requirements detailed in
"Attachment#2,Insurance Requirements."
Equipment Inspections
The County shall have the right to conduct an on-site inspection of the Contractor's equipment prior to award.
Evaluation Criteria
Mason County requires a vendor that is responsive. Please include in your proposal the following:
1. Relevant Experience of your firm in performing similar work
2. Schedule Availability
3. Costs of providing the services
4. Outline of intended data reporting procedures for collection
5. References
Final Rankine and Selection
A committee will make a recommendation for the award of the contract to the vendor whose proposal is determined
to be the most suitable for the County,considering all the criteria asset forth in this Request for Proposal.,_
18
r
Discussions:Best and Final Proposer
The Committee reserves the right to recommend a vendor for contract award based exclusively upon the written
proposal,without further discussions.Should the Committee determine that further discussions would be in the best
interest of the County,the Committee shall establish procedures and schedules for conducting discussions and/or
presentations and will notify specific vendors.When in the best interest of the County,the Committee may permit
all qualified vendors,those who meet the mandatory criteria,to revise their proposals by submitting`best and final'
Proposal.
Resection of Proposal
Mason County reserves the right to reject any and or all proposals,and waive any informality in proposals.
Service Agreement Structure
A negotiated Service Agreement will define the relationship between the County and the selected Contractor. The
initial Agreement will be for a period of 24 months. The Service Agreement may be negotiated,at the County's
discretion,for an additional period. Subsequent agreements will not be for less than yearly increments. The
Agreement will include specific guarantees and stipulations to be met by the selected Contractor and the County.
19
ATTACHMENT#1
BID PROPOSAL TO
MASON COUNTY
DEPARTMENT OF UTILITIES AND WASTE MANAGEMENT
TO PROVIDE
SLUDGE HAULING SERVICES
Furnish Sludge Hauling Services to the Mason County Department of Public Works as described in the proposal
information. Service shall be between the Belfair Wastewater Reclamation Facility located in Belfair,WA,the
North Bay/Case Inlet Wastewater Treatment Facility located in Allyn,WA and the Rustlewood Water and
Wastewater Treatment Facility,located in Grapeview,WA.
BID-
Hauling sludge in compliance with the attached Provisions.
Initial delivery of service shall be within thirty working days after receiving a notice to proceed.
Belfair Water Reclamation Facility {
Bid price: cost per gallon $ +1 1
Sales Tax(cost per gallon) $ ` l
North Bay/Case Inlet Water Reclamation Facility
Bid price: cost per gallon $
Sales Tax(cost per gallon) $ 4
Rustlewood Wastewater Treatment Plant i
Bid price: cost per gallon $
Sales Tax(cost per gallon) $ 1 `�
Bidder's Service Facility is located at:
Submitted by: _
Signa re
Printed ffame I �/1n n
ac ' �" `
Title
Company: 1 ^
Address
Phone
NOTE:Should the Grand Total Amount exceed the budget for this project,the County reserves the right to decrease
the work or make other changes in the work as necessary.Mason County will incorporate the bid proposal as part of
the Contract Agreement.
20
ATTACHMENT#2
INSURANCE REQUIREMENT
For the duration of this Agreement the Contractor shall maintain in effect all insurance as required herein and
comply with all limits,terms and conditions stated therein. Work under this Agreement shall not commence until
evidence of all required insurance and bonding is provided to the County. Evidence of such insurance shall consist
of a completed copy of the Certificate of Insurance signed by the insurance agent for the Contractor and returned to
the Mason County Deputy Director of Utilities/Waste Management If for any reason,any material change in the
coverage occurs during the course of this Agreement;such change will not become effective until 45 days after
Mason County receives written notice of such change. The policy shall be endorsed and the certificate shall reflect
that Mason County is an additional insured on the Contractor's general liability policy with respect to activities
under this Agreement The policy shall provide and the certificate reflect that the insurance afforded applies
separately to each insured against whom a claim is made or suit is brought except with respect to limits of the
company's liability.
It is the responsibility of the Contractor to provide fire insurance for any equipment used by the Contractor. This
fire insurance shall cover the entire replacement value of the equipment insured.
A.MINIMUM Insurance Requirements:
1.Commercial General Liability Insurance using Insurance Services Office"Commercial General Liability"policy
form CG 00 01,with an edition date prior to 2004,or the exact equivalent.Coverage for an additional insured shall
not be limited to its vicarious liability.Defense costs must be paid in addition to limits.Limits shall be no less than
$1,000,000 per occurrence for all covered losses and no less than$2,000,000 general aggregate,for bodily injury,
personal injury,and property damage,including without limitation,blanket contractual liability.
2.Workers'Compensation on a state-approved policy form providing statutory benefits as required by law with
employer's liability limits for the Contractors,with two(2)or more employees and/or volunteers,no less than
$1,000,000 per accident for all covered losses.
3.Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including owned,non-owned and hired
autos,or the exact equivalent Limits shall be no less than$2,000,000 per accident,combined single limit If
Contractor owns no vehicles,this requirement may be satisfied by a non-owned auto endorsement to the general
liability policy described above.If Contractor or the Contractor's employees will use personal autos in any way on
this project,Contractor shall obtain evidence of personal auto liability coverage for each such person.
B.Certificate of Insurance:
A Certificate of Insurance naming County as the Certificate Holder must be provided to County within five(5)days
of Contract execution.
C.Basic Stipulations:
1.Contractor agrees to endorse third party liability coverage required herein to include as additional insureds
County,its officials,employees and agents,using ISO endorsement CG 20 10 with an edition date prior to 2004.
Contractor also agrees to require all Contractors,subcontractors,and anyone else involved in this Contractor on
behalf of the Contractor(hereinafter"indemnifying parties")to comply with these provisions.
2.Contractor agrees to waive rights of recovery against County regardless of the applicability of any insurance
proceeds,and to require all indemnifying parties to do likewise.
3.All insurance coverage maintained or procured by Contractor or required of others by Contractor pursuant to this
Contract shall be endorsed to delete the subrogation condition as to County,or must specifically allow the named
insured to waive subrogation prior to a loss.
4.All coverage types and limits required are subject to approval,modification and additional requirements by
County.Contractor shall not make any reductions in scope or limits of coverage that may affect County's protection
without County's prior written consent.
5.Contractor agrees to provide evidence of the insurance required herein,satisfactory to County,consisting of:a)
certificate(s)of insurance evidencing all of the coverages required and,b)an additional insured endorsement to
Contractor's general liability policy using Insurance Services Office form CG 20 10 with an edition date prior to
21
2004.Contractor agrees,upon request by County to provide complete,certified copies of any policies required
within 10 days of such request.County has the right,but not the duty,to obtain any insurance it deems necessary to
protect its interests.Any premium so paid by County shall be charged to and promptly paid by Contractor or
deducted from sums due Contractor.Any actual or alleged failure on the part of County or any other additional
insured under these requirements to obtain proof of insurance required under this Contract in no way waives any
right or remedy of County or any additional insured,in this or in any other regard.
6.It is acknowledged by the parties of this Contract that all insurance coverage required to be provided by
Contractor or indemnifying party,is intended to apply first and on a primary non-contributing basis in relation to
any other insurance or self-insurance available to County.
7.Contractor agrees not to self-insure or to use any self-insured retentions on any portion of the insurance required
herein and further agrees that it will not allow any indemnifying party to self-insure its obligations to County.If
Contractor's existing coverage includes a self-insured retention,the self-insured retention must be declared to the
County.The County may review options with Contractor,which may include reduction or elimination of the self-
insured retention,substitution of other coverage,or other solutions.
8.Contractor will renew the required coverage annually as long as County,or its employees or agents face an
exposure from operations of any type pursuant to this Contract.This obligation applies whether or not the Contract
is canceled or terminated for any reason.Termination of this obligation is not effective until County executes a
written statement to that effect.
9.The limits of insurance as described above shall be considered as minimum requirements. Should any coverage
carried by Contractor or a subcontractor of any tier maintain insurance with limits of liability that exceed the
required limits or coverage that is broader than as outlined above,those higher limits and broader coverage shall be
deemed to apply for the benefit of any person or organization included as an additional insured and those limits shall
become the required minimum limits of insurance in all Paragraphs and Sections of this Contract
10.None of the policies required herein shall be in compliance with these requirements if they include any limiting
endorsement that has not been first submitted to County and approved of in writing.
11.The requirements in this Exhibit supersede all other sections and provisions of this Contract to the extent that
any other section or provision conflicts with or impairs the provisions of this Exhibit
12.Unless otherwise approved by County,insurance provided pursuant to these requirements shall be by insurers
authorized to do business in Washington and with a minimum A.M.Best rating of A-:VII.
13.All insurance coverage and limits provided by Contractor and available or applicable to this agreement are
intended to apply to the full extent of the policies.Nothing contained in this Contract limits the application of such
insurance coverage.
14.Contractor agrees require insurers,to provide notice to County thirty(30)days prior to cancellation of such
liability coverage or of any material alteration or non-renewal of any such coverage,other than for non-payment of
premium.Contractor shall assure that this provision also applies to any subcontractors,joint ventures or any other
party engaged by or on behalf of contractor in relation to this agreement.Certificate(s)are to reflect that the issuer
will provide thirty(30)days'notice to County of any cancellation of coverage.
15.County reserves the right at any time during the term of the Contract to change the amounts and types of
insurance required by giving the Contractor ninety(90)days advance written notice of such change.If such change
results in substantial additional cost to the Contractor,the County and Contractor may renegotiate Contractor's
compensation.
16.Requirements of specific coverage features are not intended as limitation on other requirements or as waiver of
any coverage normally provided by any given policy.Specific reference to a coverage feature is for purposes of
clarification only as it pertains to a given issue and is not intended by any party or insured to be all-inclusive.
17.Contractor agrees to provide immediate notice to County of any claim or loss against Contractor arising out of
the work performed under this agreement County assumes no obligation or liability by such notice,but has the right
(but not the duty)to monitor the handling of any such claim or claims if they are likely to involve County.
22
DATE:DECEMBER 28;:2016
PROJECT.-MASON COUNTY PUBLIC WORKS SLUDGE HAULING RFP
SUBJECT:ADDENDUM#1 TO ISP
THE RFP IS MODIFIED IN THE FOLLOWING NAYS:
REVISION NO. 1 -On the first page of the RFP at the end of the paragraph in the
section titled "Background and Need"the following sentences are added.
"The truck tanks used`to haul sludge will be rinsed out prior to taking any sludge from a
Mason County facility. The tanks shall not have any inorganic non-biodegradable items
Eike paper, band-aids, clothing material,.or plastics in them prior to accepting sludge.
from a Mason County Facility."
REVISION NO.2--Cn the first page of the RFP at the end of the last paragraph'in the,
section titled "Requirements"the following,sentences are added.
"The cost per gallon will riot,include the dumping fee. The County will pay the City of
Shelton directly for the cost of processing sludge from County facilities. Any costs to
the Vendor to rinse out Vendor trucks.prior to receiving the sludge will be included in the
bid price per gallon. This contract is subject to state prevailing wage requirements and
Vendor must pay prevailing wages for all employees working on this job."
The RrP due date of January 5, 2017 at 4 N.has not changed,
Sincerely;
Bart Stepp, PE
Mason County
Deputy Director/Utilities&Waste Management
21
BIOSOLIDS HAULING CONTRACT AMENDMENT #1
WITH AAA SEPTIC TANK PUMPING AND PORTABLE RESTROOMS RENTALS LLC
The CONTRACT between COUNTY and CONTRACTOR is amended as follows:
1. The contract expiration date is changed from February 7, 2019 to February 7, 2020.
The original agreement allowed for three one-year extensions by mutual consent of
both parties. Amendment #1 would be the first one-year extension.
2. Effective February 7, 2019 the CONTRACTOR shall charge the County 13
cents/gallon, including tax, to pick up sewage from the three COUNTY facilities in
the original agreement and transport the sewage to the receiving facility at the
Shelton Treatment Plant.
3. All other language of the original contract not altered by this amendment remains in
effect.
Amendment dated this day of 12018.
AAA SEPTIC TANK PUMPING PUBLIC WORKS DEPARTMENT
AND PORTABLE RESTROOMS MASON COUNTY, WASHINGTON
RENTALS LLC
Debra Lovely, Owner Bart Stepp, Deputy Director/
U&W Management
APPROVED AS TO FORM:
Tim Whitehead, Chief DPA
r
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Jerry W. Hauth, P.E., Director/County Engineer
Loretta Swanson Technical Services Manager
DEPARTMENT: Public Works EXT: 450
BRIEFING DATE: October 8, 2018
PREVIOUS BRIEFING DATES:
ITEM: Cooperative Streamgaging Program on the Skokomish River
EXECUTIVE SUMMARY: The Department of the Interior U.S. Geological Survey
(USGS) operates and maintains the network of streamflow monitoring gage stations
on the Skokomish River near Potlatch and Union for the purpose of flood
forecasting, documentation, flow regulations and fisheries enhancement.
Most of these stations are funded through a joint agreement between the USGS
and Tacoma Public Utilities; however Mason County, the Department of Ecology
and the U.S. Geological Survey fund the South Fork Skokomish gage. The river at
this site is unregulated by dams and provides an excellent measure of the natural
runoff of the upper basin, particularly during floods. Mason County also
participates in funding real time data transmission at the gage near Potlatch.
Budget Impacts: The total fixed cost of this program is $9,560, of which Mason
County's portion of the annual cost is $5,925. The remainder ($3,635) is funded by
the Washington State Dept. of Ecology and USGS. Mason County's share is paid
out of the Skokomish Flood Control Zone Fund.
RECOMMENDED OR REQUESTED ACTION:
1. Request the Board authorize Public Works to add this action item to the October
9, 2018 Commission Meeting as USGS needs the signed agreement by
October 15, 2018 in order to continue operation of these gages.
2. Recommend the Board authorized the Chair to sign Joint Funding Agreement
#19YGJFA03400 with the US Department of the Interior, U.S. Geological
Survey, for the period October 1, 2018, to September 30, 2019.
Attachment: Agreement
2018-2019 Briefing-USGS-Gaging Stations.docx
Form 9-1366 U.S. DEPARTMENT OF THE INTERIOR Customer#: 6000000725
(May 2018) GEOLOGICAL SURVEY Agreement#: 19YGJFA03400
Project#: YG00H1 U
JOINT FUNDING AGREEMENT TIN#: 91-6001354
Fixed Cost Yes
Agreement
FOR
WATER RESOURCES INVESTIGATIONS
THIS AGREEMENT is entered into as of the, 1 day of October, 2018 by the U.S. GEOLOGICAL SURVEY, UNITED
STATES DEPARTMENT OF THE INTERIOR, party of the first part, and the County of Mason, party of the second part.
1. The parties hereto agree that subject to availability of appropriations and in accordance with their respective
authorities there shall be maintained in cooperation a fixed-price agreement for the operation and maintenance of
streamgages on the Skokomish River near Potlatch and Union, herein called the program. The USGS legal
authority is 43 USC 36C; 43 USC 50; and 43 USC 50b.
2. The following amounts shall be contributed to cover all of the cost of the necessary field and analytical work directly
related to this program. 2(b) includes In-Kind Services in the amount of$
(a) by the party of the first part during the period
Amount Date to Date
$0 October 1, 2018 September 30, 2019
(b) by the party of the second part during the period
Amount Date to Date
$5,925 October 1, 2018 September 30, 2019
(c) Contributions are provided by the party of the first part through other USGS regional or national programs, in the
amount of:
$3,635
Description of the USGS regional/nations program: USGS Federal Priority Streamgage Program
(d) Additional or reduced amounts by each party during the above period or succeeding periods as may be
determined by mutual agreement and set forth in an exchange of letters between the parties.
(e) The performance period may be changed by mutual agreement and set forth in an exchange of letters between
the parties.
3. The costs of this program may be paid by either party in conformity with the laws and regulations respectively
governing each party.
4. The field and analytical work pertaining to this program shall be under the direction of or subject to periodic review by
an authorized representative of the party of the first part.
5. The areas to be included in the program shall be determined by mutual agreement between the parties hereto or their
authorized representatives. The methods employed in the field and office shall be those adopted by the party of the
first part to insure the required standards of accuracy subject to modification by mutual agreement.
During the course of this program, all field and analytical work of either party pertaining to this program shall be open
to the inspection of the other party, and if the work is not being carried on in a mutually satisfactory manner, either
party may terminate this agreement upon 60 days written notice to the other party.
9-1366(Continuation) Customer#:6000000725 Agreement#: 19YGJFA03400
7. The original records resulting from this program will be deposited in the office of origin of those records. Upon request,
copies of the original records will be provided to the office of the other party.
The maps, records, or reports resulting from this program shall be made available to the public as promptly as
possible. The maps, records, or reports normally will be published by the party of the first part. However, the party of
the second part reserves the right to publish the results of this program and, if already published by the party of the
first part shall, upon request, be furnished by the party of the first part, at costs, impressions suitable for purposes of
reproduction similar to that for which the original copy was prepared. The maps, records, or reports published by
either party shall contain a statement of the cooperative relations between the parties. The Parties acknowledge that
scientific information and data development as a result of the Scope of Work(SOW) are subject to applicable USGS
review, approval, and release requirements, which are available on the USGS Fundamental Science Practices
website (https://www2.usgs.gov/fsp/).
9. Billing for this agreement will be rendered: ANNUALLY. Invoices not paid within 60 days from the billing date will bear
Interest, Penalties, and Administrative cost at the annual rate pursuant the Debt Collection Act of 1982, (codified at 31
U.S.C. § 3717) established by the U.S. Treasury.
U.S. Geological Survey Name of Customer
United States County of Mason
Department of the Interior
USGS Point of Contact Customer Point of Contact
Name: Mark Mastin Name: Jerry Hauth
Address: 934 Broadway, Suite 300 Address: 100 W Public Works Dr.
Tacoma, WA 98402 Shelton, WA 98584
Telephone: 253-552-1609 Telephone: 360-427-6370, x450
Email: mcmastin@usgs.gov Email: JHauth@co.mason.wa.us
Org Code: GGWNYG0000
Signature and Date: Signature and Date:
Signature: c— Signature:
Date: Date:
Name: Cynthia Barton, PhD, LHG, LG Name:
Title: Center Director Title:
Signature:
Date:
Name:
Title:
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Leo Kim, CPA
DEPARTMENT: Auditor's Office Financial Services EXT: 472
Mason County Audit Committee
BRIEFING DATE: 10/8/18
PREVIOUS BRIEFING DATES: n/a
If this is a follow-up briefing, please provide only new information
ITEM:
Mason County Audit Items Update
EXECUTIVE SUMMARY: (If applicable, please include available options and
potential solutions):
• Financia/and Single Audit not the best—three findings.
o Belfair and Rustlewood moved from Accountability to Finical Statements
o A Davis Bacon finding—not that uncommon
o A financial reporting finding —relates to fiduciary funds — C5—somewhat
of a fluke, have seen similar findings for other cash basis entities
• Current Audit Items — The County needs to do a physical inventory of
governmental capital assets — land, buildings and other improvements not
including infrastructure. Per policy it is the responsibility of Support Services.
Historically it is a function of Facilities which is under Support Services.
• Future Audit Items — Individual department compliance with federal grants
and cash management.
BUDGET IMPACTS:
None
RECOMMENDED OR REQUESTED ACTION:
Review
ATTACHMENTS: Briefing PDF
Mason County, WA
Audit Issues
As of September,2018
Financial/Single Audit—Findings
• Federal Highway Grant—Davis Bacon Compliance.
• Financial Statement—Suspense fund reporting
• Belfair Sewer and Rustlewood Sewer financial condition—on going Need written
plan.
o REET and Sales Tax Subsidizing
o Bremerton
o Who is overseeing/responsible for this—PW, BOCC, Support Servicse etc.
o Bond Covenants
• Current Expense—Financial Condition—on going need to have a written plan—10 year
projection etc.
• Capital Assets—Physical Inventory needed. Current policy shows it is responsibility of Support
Servicers — Auditor's Office assisting. Better internal controls need to be established. Limited
resources. Certification/physical inventory is pending. Would be nice to use Munis forthe capital
assets and trackables
• Grant reporting and accounting. Recommend shift more responsibility to departments.
Accountability—Exit Items
• Trackable Assets (Small & Attractive Assets) — needs significant work. It is a department level
responsibility. Policy puts the responsibility to Support Services currently.
• Jail Inmate Property—contacted Sheriff's Office. Department level.
• Building Department—Controls over restricted revenues and uses. Contacted Building
Department. Department level.
Management Letters
• Sheriff's Department Restricted Funds—ongoing. Contacted Sheriff's Office regarding fund 140.
• Budget Compliance—ongoing.
Potential/Pending Audit Items
• A Department in the County—Federal grant compliance, cash receipting, bank reconciliations.
• Department of Commerce (DOC)—Financial Management Policies—in progress
• HR/PR—Policy/Procedure for TDD-Temporary Duty Disability
• Decreased resources may result in a weakened internal control structure —an increase in audit
issues is more than likely.
• LGIP interest credit to bank statement as of December but we record in January.
1
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Diane Zoren
DEPARTMENT: Support Services EXT: 747
BRIEFING DATE: October 8, 2018 -Z-P ryj
PREVIOUS BRIEFING DATES: i'
If this is a follow-up briefing, please provide only new information
ITEM: Review of the Motorboat regulations.
EXECUTIVE SUMMARY:
A public hearing was held on September 25 and continued to October 16 to consider
amending the Motorboat Regulations allowing property owners latitude on the
placement of buoys.
Timberlakes suggested the regulations be amended to allow those lakes that are
controlled by an HOA, to have the speed limit and placement of buoys controlled by
the HOA. The HOA would be responsible for enforcement.
Cmmr. Drexler suggested the following language: "Homeowners organizations with
the authority to restrict access to freshwater bodies may place buoys up to 150 feet
from the shoreline in the pattern and amount necessary for regulating safety."
Cmmr. Neatherlin suggested adding "up to"to the distance for placement of buoys —
up to 150 feet from the shoreline.
RECOMMENDED OR REQUESTED ACTION: Public hearing is continued to October
16 and staff is requesting specific language changes to county code, if any.
ATTACHMENTS: Draft September 25 public hearing meeting minutes; suggested
language from Timberlakes HOA.
Briefmg Summary 10/2/2018
September 25, 2018 hearing
10.1 Public Hearing to consider proposed amendments to the Motorboat Regulations, Mason County
Code Chapter 9.04. Proposed amendments include, but may not be limited to, changing language
regarding buoy placement from shoreline to mark the minimum water skiing distance on fresh water.
Staff: Diane Zoren
Diane stated that there is no specific language to present, asking the Board for their specific requests.
Brad Moore from Timberlakes Home Owners Association (HOA) passed out copies of specific suggestions
to ordinance 9.04.235 to place floating buoys up to 140 feet from their respective shoreline. He explained
that this will help create space in narrow areas of the lake. Brad talked about how the lake is regulated
within the HOA.
Brad then asked that in regards to skiing, private/restricted lakes be permitted to establish skiing distance
from shores and speed limits as per their covenants and codes. He noted that this would help take
liability off of the County.
Cmmr. Shutty questioned how speed limits are enforced on the lake. Brad answered that he will pull the
person in question over to have them slow down.
Cmmr. Drexler stated that she is a member of Tiimberlake's and is a homeowner so she would recuse
herself from the vote. She read from Mason County Code 9.04.235 and suggested adding"Homeowners
organizations with the authority to restrict access to freshwater bodies may place buoys up to 150 feet
from the shoreline in the pattern and amount necessary for regulating safety."
Cmmr. Neatherlin said he liked the proposed language for adding "up to" 150 feet. He suggested that
though a lake is private, it still needs to fall under state law. He stated that all lakes should follow all of
the same laws.
Cmmr. Shutty questioned how many lakes this would apply to. A number was not available at this time.
He said he would like to continue the hearing in order to hold a work session that way proposed
language could be drafted. Cmmr. Drexler agreed.
Cmmr. Shutty/Drexler moved and seconded to continue the hearing until October 16th
pending work session with staff. All in favor.
Mason County Private Lakes
Compiled by Teri King,Washington Sea Grant
Note: Olympic National Park and Tahuya Forest boundaries have changed and
some lakes might now be under Federal or State ownership.
Aldrich Lake Miller Pond
Lake Armstrong Oak Lake
Bathtub Lake Old Hatchery Lake
Lake Bennettsen Osborn Lakes
Big Twin Lakes Panhandle Lake
Blacksmith Lake Pickers Pond
Boundary Lakes Pine Lake
Buck Lake Price Lake
Cady Lake Prickett Lake
Carson Lake Rainbow Lake
Catfish Lake Rex Lake
Lake Christine Robbins Lake
Clara Lake aka Don Lake Rose Lake
Clear Lake Shoe Lake
Coon Lake Stetson Lake
Cranberry Lake Stevens Lake
Deepwater Lake Stump Lake
Don Lake aka Clara Lake Schell Pond
Dry Bed Lakes Tee Lake
Dry Pond Tenas Lake
Lake Erickson Trask Lake
Fawn Lake Turtle Lake
Forbes Lake U Lake
Goose Lake Wheeler Lake
Grass Lake Woelfel Lake
Hanks Lake Wood Lake
Hatchery Lake Wildberry Lake
Hillman Fish Pond Big Timberlake
Jigg Lake Little Timberlake
Johns Lake
Kent Lake
Keene Lake
Lake Arrowhead
Lake May
Lake Standstill
Lake West
Lily pond
Little Hanks Lake
Little Island Lake
Lone Duck Pond
Lystair Lake
Melbourne Lake
Mill Pond
TO: The Board of County Commissioners of Mason County
FROM: Timberlake Community Club (TCC)
DATE: September 25T", 2018
RE: TCC's Support Changing Boating Ordinance 9.04.235
Current Ordinance 9.04.235
Shoreline Marker Buoys. Lake waterfront property owners may place one appropriate floating
buoy one hundred fifty (150)feet from their respective shoreline to mark the minimum water
skiing distance on fresh water. Such buoys shall be anchored individually and shall not be
connected to any other neighboring buoy by any means. An appropriate buoy shall be round in
shape with a diameter of at least twelve (12) inches, and shall be red in color. Any person
choosing to place out such a buoy shall assume all responsibility for the buoy.
TCC's Support Changes in Ordinance 9.04.235
Shoreline Marker Buoys. Lake waterfront property owners may place one appropriate floating
buoy(up to) one hundred fifty (150) feet from their respective shoreline to mark the minimum
water skiing distance on fresh water. Such buoys shall be anchored individually and shall not be
connected to any other neighboring buoy by any means. An appropriate buoy shall be round in
shape with a diameter of at least twelve (12) inches, and shall be red in color. Any person
choosing to place out such a buoy shall assume all responsibility for the buoy.
Why TCC Supports Changing Ordinance 9.04.235?
1. One specific buoy placement distance from shoreline does not meet the needs of all
fresh water lakes in Mason County when considering safety as the highest priority,
maximizing lake use for recreation, and shoreline protection. TCC's two lakes (Little
Lake and Big Lake) are smaller in size and have unique shapes as compared to much
larger lakes in Mason County such as Mason Lake; therefore, placing all buoys 150
feet from shoreline on TCC's Big Lake would likely decrease safety and lake use by
boaters because of significant narrowing of lake waters in several places.
2. Buoy placement on TCC's Big Lake has been controlled by the TCC Board of Directors
since the mid-1960's and not by waterfront property owners because TCC Bylaws,
Article 1-B states;
a. 'The Association has jurisdiction over all land within the development,
hereinafter "TCC,"legally described as: Plat of Timberlake No. 1, Section 17
and 18, Township 20 North, Range 2 W.W.M., Mason County, Washington,
and any other areas adjacent thereto which hereafter may be developed as
tracts or divisions of Timberlake, as well as all activities therein related to the
purposes of the association.
b. THE LAND UNDER THE WATER OF BOTH LAKES IS WITHIN THE ORIGINAL
TIMBERLAKE DEVELOPMENT PLAT AS DESCRIBED ABOVE AND NOT
PRIVATELY OWNED; THEREFORE, IT 1S UNDER TCC'S JURIDICTION.
r
3. Access to TCC's Big Lake is restricted to property owners and their guests and
monitored by the TCC via locked gates at the boat launch. TCC respectfully suggests
the Commission consider code language allowing lakes with restricted access and
governed by HOAs are expressly permitted to establish skiing distances from
shores and speed limits as per their HOA covenants and codes.
4. TCC has developed, updated, and regulated its own Lake Safety and Use Rules to
accommodate the smaller size and unique shape of TCC's two lakes and has
demonstrated an excellent lake safety record for over 50 years.
a. "The Association (TCC), through its Board of Directors, may create reasonable
rules and regulations for the use of its common areas, and for the conduct of
members, their family members and guests, and others with respect thereto"
(TCC Bylaws, Article 1-D).
b. The most recent updated TCC Lake Safety and Use Rules were recorded with
Mason County in April, 2018. The TCC Lake Safety and Use Rules are
monitored and patrolled by an active Lake Safety Committee and enforced
by the TCC Board of Directors.
c. One specific example of TCC's Lake Safety and Use Rules are the boat speed
limits on "Big Lake" at 35 mph when boating/skiing and 25 mph when towing
tubes/wake boards/etc. as compared to the Mason County ordinance
allowing boat speeds up to 50 mph. These slower speed limits on "Big Lake"
increase safety while maximizing recreational use and help reduce shoreline
damage caused by boat wakes. Slower speed limits also provide an
opportunity to place buoys less than 150 feet from shorelines while
maintaining an adequate safety buffer between faster moving boats and
people swimming and floating or using stand-up boards, kayaks, canoes,
paddleboats, and other water toys.
RESOLUTION NO. 3 7`I
AMENDING RESOLUTION 55-16 RELATING TO MOTORBOAT REGULATIONS CHAPTER 9.04.420
RESTRICTED LAKES PERTAINING TO LAKE KOKANEE OF THE MASON COUNTY CODE
WHEREAS, pursuant to the police power found in Section 11, Article XI of the Washington State
Constitution, Mason County is authorized to regulate watercraft on waters within Mason
County's jurisdiction;
WHEREAS, Chapter 9.04 was added to Mason County Code on August 1, 1960 relating to
motorboats; on August 2, 1988 this Chapter was amended and several minor amendments
were subsequently made;
WHEREAS, on March 30, 1993, restrictions were placed on Lake Kokanee stating no personal
watercraft shall be allowed on Lake Kokanee and all internal combustion powered motorboats
shall be restricted to no more than 7 '/z horsepower engines;
WHEREAS, in 2016 the boating regulations were amended to allow for more consistent
enforcement and in that process Lake Kokanee was placed on the restricted lakes list (Chpt.
9.04.420 Restricted lakes) that allow no internal combustion powered motor boats;
WHEREAS, the County Commissioners held a public hearing on August 28, 2018 to consider
public comment on amending Chapter 9.04.420 of the Mason County Code;
NOW, THEREFORE BE IT RESOLVED by the Board of Mason County Commissioners that
Chapter 9.04.420, Restricted lakes, of the Mason County Code is amended removing Lake
Kokanee from (a) Restricted Lakes list and adding (c) No personal watercraft (i.e. jet skis) shall
be allowed on Lake Kokanee and all internal combustion powered motorboats shall be restricted
to no more than 7 1/2 horsepower engines as reflected in Attachment A.
Adopted this 28`' of August, 2018.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
ATTEST:
Randy eatherlin, Chair
Metissa r wry, Cler of the Board
f
APPROVED AS TO FORM: Terri Drexler, ConAmissioner
Tim Whitehead, Chief DPA Kevin Shu Commissioner
3:\DLZ\Motorboat Regulations\Motorboats Resolution - Lake Kokanee.dooc
Attachment A
Chapter 9.04- MOTORBOATS']
9.04.010- Intention of chapter.
It is the policy of Mason County to promote safety and enjoyment of persons using the waters of this
county. This chapter is intended to supplement but not infringe upon the boating safety laws and
regulations of the state and the United States.
(Res. No. 55-16, Att. A, 8-16-3416)
9.04.020-Definitions.
The words listed below as used in this chapter mean as follows
"Authorized emergency vessel" means those vessels of a county or municipal police or fire
department, the United States Government and the state of Washington equipped with the blue warning
lights and siren.
"COLREGS" means the International Regulations for Preventing Collisions at Sea.
"Diver's flag" means a red and white flag five units of measurement on the hoist by six units of
measurement on the fly with a white stripe of one unit crossing the red diagonally (the flag to have a
stiffener to make it stand out from the pole or mast). This flag shall only pertain to skin and SCUBA (self-
contained underwater breathing apparatus) diving and shall supplement any nationally recognized diver's
flag or marking. Unit of measurement shall not be less than two inches.
"Motorboat" means any vessel propelled in any respect by machinery and/or any vessel air!water jet
propelled, including those temporarily equipped with detachable motors
"Operator" means an individual who steers, directs, or otherwise has physical control of a vessel that
is underway or exercises actual authority to control the person at the helm.
"Person" means any natural person, partnership, association, or corporation.
"Personal flotation device" means life preservers, buoyant vests, special purpose water safety
devices, buoyant cushions, ring buoys, and work vests.
"Personal watercraft" is a vessel of less than sixteen feet which uses a motor powering a jet pump as
its primary source of motive power and which is designed to be operated by a person sitting, standing or
kneeling on, or being towed behind the vessel, rather than in the conventional manner of sitting or
standing inside the vessel.
"Pier' means any commercial or public pier, wharf, dock, float, gridiron or other structure intended to
provide for the loading or unloading or other discharge of vessels or for their service or repair, or to
provide access for persons to the water from the shore for fishing, swimming or any other water-related
activity.
"RCW"mean Revised Code of Washington.
"Restricted area" means an area that has been designated to be used for, or closed to, certain
purposes such as swimming, underwater diving and competitions or exhibitions.
"Swimming" means floating on an air mattress, inner tube or other similar inflatable device (not
including inflatable rafts) as well as propelling or floating oneself in the water
"Underwater diving" means the activity of submerging in water while equipped with snorkeling, hard
hat, or scuba diving equipment.
Page 1 of 1
Attachment A
"Vessel" means any contrivance used or designed for navigation or as a means of transportation on
water.
"Waters", means any waters within the territorial limits of Mason County.
'"Water skier" means a person in tow from a vessel riding on water skis, aquaplane, surfboard. or
other similar device.
(Res.No. 55-16, Att. A. 8-16-2016)
9.04.030- Numbering required.
All vessels used on the waters of this county shall be numbered or designated in accordance with
any applicable RCW as now or hereafter amended
(Res. No. 5546, Att. A. 8-16-20161)
9.04.035- Requirements to operate motor driven boats/vessels
Operators shall comply with requirements in RCW 79A 60.640 as now or hereafter amended
(a) No person shall operate or permit the operation of motor driven boats and vessels with a
mechanical power of fifteen horsepower or greater unless the person:
(1) Is at least twelve years of age, except that an operator of a personal watercraft shall
comply with the age requirements under RCW 79A.60.190; and
(2) a. Has in his or her possession a boater education card, unless exempted under
subsection (c) of this section; or
b. Is accompanied by and is under the direct supervision of a person sixteen years of
age or older who is in possession of a boater education card.
(b) The following persons are not required to carry a boater education card:
(1) The operator of a vessel engaged in a lawful commercial fishery operation as licensed by
the department of fish and wildlife under Title 77 RCW. However, the person when
operating a vessel for recreational purposes must carry either a valid commercial fishing
license issued by the department of fish and wildlife or a boater education card;
(2) Any person who possesses a valid marine operator license issued by the United States
coast guard when operating a vessel authorized by such coast guard license. However, the
person when operating a vessel for recreational purposes must carry either a valid marine
operator license issued by the United States coast guard or a boater education card,
(3) Any person who is legally engaged in the operation of a vessel that is exempt from vessel
registration requirements under chapter 88.02 RCW and applicable rules and is used for
purposes of law enforcement or official government work. However, the person when
operating a vessel for recreational purposes must carry a boater education card,
(4) Any person at least twelve years old renting, chartering, or leasing a motor driven boat or
vessel with an engine power of fifteen horsepower or greater who completes a
commission-approved motor vessel safety operating and equipment checklist each time
before operating the motor driven boat or vessel, except that an operator of a personal
watercraft shall comply with the age requirements under RCW 79A.60.190,
(5) Any person who is not a resident of Washington state and who does not operate a motor
driven boat or vessel with an engine power of fifteen horsepower or greater in waters of the
state for more than sixty consecutive days:
Page 2 of 2
Attachment A
(6) Any person who is not a resident of Washington state and who holds a current out-of-state
or out-of-country certificate or card that is equivalent to the rules adopted by the
commission;
(7) Any person who has purchased the boat or vessel within the last sixty days. and has a bill
of sale in his or her possession to document the date of purchase,
(8) Any person, including those less than twelve years of age, who is involved in practicing
for, or engaging in, a permitted racing event where a valid document has been issued by
the appropriate local, state, or federal government agency for the event. and is available
for inspection on-site during the racing event;
(c) Except as provided in subsection (b)(1)through (8) of this section, a boater must carry a boater
education card while operating a vessel and is required to present the boater education card, or
alternative license as provided in subsection (b)(1) and (2) of this section, to a law enforcement
officer upon request.
(d) Failure to possess a boater education card required by this section is an infraction under
chapter 7.84 RCW. The penalty shall be waived if the boater provides proof to the court within
sixty days that he or she has received a boater education card.
(e) No person shall permit the rental, charter, or lease of a motor driven boat or vessel with an
engine power of fifteen horsepower or greater to a person without first reviewing with that
person, and all other persons who may be permitted by the person to operate the vessel, all the
information contained in the motor vessel safety operating and equipment checklist.
(Res.No. 55-16,Att. A, 8-16-2016)
9.04.040- Equipment.
A vessel shall carry and use in the manner prescribed that equipment, including personal flotation
devices, visual distress signals, means of ventilation, navigation lights, fire extinguishing equipment, and
backfire flame control devices required for such vessel as now or hereafter amended.
(Res.No. 55-16, Att. A, 8-16-2016)
9.04.050-Whistles and lights.
Except when necessary as a warning or in an emergency it is unlawful for any person to blow or
sound a whistle or horn of any vessel or shine a search light or other bright light onto any houseboat or
other residence, or onto the bridge or into the pilothouse or any other area of any vessel under way in a
manner likely to reduce the vision of the operator
(Res. No. 55-16, Att. A, 8-16-2016)
9.04.060- Mufflers.
(a) It is unlawful for any person to operate any vessel, except aircraft, which is not equipped with a
functioning underwater exhaust or a properly installed and adequately maintained muffler. Any of the
following defects in the muffling system shall constitute a violation of this section.
(1) The absence of a muffler,
(2) The presence of a muffler cut-out, bypass, or similar device,
(3) Defects in the exhaust system, including, but not limited to pinched outlets, holes, or rusted-
through areas of the muffler or pipes;
Page 3 of 3
Attachment A
(4) The presence of equipment which will produce excessive or unusual noise from the exhaust
system,
(5) Dry stacks or water-injected stacks not containing a series of chambers or mechanical designs
effective in reducing sound shall not be considered as adequately maintained mufflers.
(b) Subsection (a) of this section shall not apply to the operation of vessels in regattas, races. water ski
tournaments, competitions, exhibitions or trials therefor, or aquatic events which have been
authorized by the board of county commissioners. Such vessels shall not exceed any applicable
county noise requirements as now or hereafter amended.
(Res. No. 55-16, Att. A, 8-16-2016)
9.04.070- Negligent operation.
A person shall not operate a vessel in a negligent manner. For the purposes of this section, to
.,operate in a negligent manner" means operating a vessel in disregard of careful and prudent operation,
or in disregard of careful and prudent rates of speed that are no greater than is reasonable and proper
under the conditions existing at the point of operation, taking into account the amount and character of
traffic, size of the lake or body of water, freedom from obstruction to view ahead, effects of vessel wake,
and so as not to unduly or unreasonably endanger life, limb, property or other rights of any person entitled
to the use of such waters.
(Res.No. 55-16, Att. A, 8-16-2016)
9.04.080-Reckless operation.
It is unlawful for any person to operate a vessel in a reckless manner. For the purpose of this
section, to "operate in a reckless manner" shall be construed to mean the operation of a vessel in willful
or wanton disregard for the safety of persons or property.
(Res.No. 55-16. Att. A, 8-16-2016)
9.04.090-Operation while under the influence of liquor or drugs.
It is unlawful for any person to operate a vessel while under the influence of liquor or drugs in
accordance with RCW 79A.60.040 as now or hereafter amended.
(a) It is unlawful for a person to operate a vessel while under the influence of intoxicating liquor,
marijuana, or any drug. A person is considered to be under the influence of intoxicating liquor,
marijuana, or any drug if, within two hours of operating a vessel:
(1) The person has an alcohol concentration of 0.08 or higher as shown by analysis of the
person's breath or blood made under RCW 46.61.506, or
(2) The person has a THC concentration of 5.00 or higher as shown by analysis of the
person's blood made under RCW 46.61.506; or
(3) The person is under the influence of or affected by intoxicating liquor, marijuana, or any
drug, or
(4) The person is under the combined influence of or affected by intoxicating liquor,
marijuana, and any drug.
(b) The fact that any person charged with a violation of this section is or has been entitled to use
such drug under the laws of this state shall not constitute a defense against any charge of
violating this section.
Page 4 of 4
Attachment A
(c) (1) Any person who operates a vessel within this state is deemed to have given consent,
subject to the provisions of RCW 46.61 506, to a test or tests of the person's breath for the
purpose of determining the alcohol concentration in the person's breath if arrested for any
offense where, at the time of the arrest, the arresting officer has reasonable grounds to
believe the person was operating a vessel while under the influence of intoxicating liquor or
a combination of intoxicating liquor and any other drug.
(2) When an arrest results from an accident in which there has been serious bodily injury to
another person or death or the arresting officer has reasonable grounds to believe the
person was operating a vessel while under the influence of THC or any other drug, a blood
test may be administered with the consent of the arrested person and a valid waiver of the
warrant requirement or without the consent of the person so arrested pursuant to a search
warrant or when exigent circumstances exist.
(3) Neither consent nor this section precludes a police officer from obtaining a search warrant
for a person's breath or blood.
(4) An arresting officer may administer field sobriety tests when circumstances permit.
(d) The test or tests of breath must be administered pursuant to RCW 46.20.308 The officer shall
warn the person that if the person refuses to take the test, the person will be issued a class 1
civil infraction under RCW 7.80.120.
(e) A violation of subsection (a) of this section is a gross misdemeanor. In addition to the statutory
penalties imposed, the court may order the defendant to pay restitution for any damages or
injuries resulting from the offense.
(f) The refusal of a person to submit to a test of the alcohol concentration, THC concentration, or
presence of any drug in the person's blood or breath is not admissible into evidence at a
subsequent criminal trial.
(g) A person's refusal to submit to a test or tests pursuant to RCW 79A.60.040(4)(a) constitutes a
class 1 civil infraction under RCW 7.80.120,
(Res. No. 55-16, Att. A, 8-16-2016)
9.04.100- Incapacity of operator.
It is unlawful for any person who owns or is in control of any vessel to authorize or knowingly permit
the same to be operated by any person who by reason of physical or mental disability, incapacity or
immaturity is incapable of operating such vessel under the prevailing circumstances. including the type,
size and motive power of the vessel, and the weather and water conditions.
(Res. No. 55-16,Att. A, 8-16-2016)
9.04.120-Steering and sailing.
Except as provided elsewhere herein, all vessels using the waters of Mason County shall comply
with the steering and sailing rules contained in the International Regulations For Preventing Collisions At
Sea, 1872, also known as the 72 COLREGS (Codified By Title 33, CFR, Part 81-72 and Appendix A
thereof).
(Res. No. 55-16, Att. A, 8-16-2016)
9.04.125-Traffic pattern.
All vessels in fresh water lakes shall travel in a counter-clockwise pattern at all times.
Page 5 of 5
Attachment A
(Res.No. 55-16, Att.A, 8-16-2016)
9.04.126-Operation right-of-way rules.
The operation rules between vessels shall be in accordance with current version of COLREGS and
are provided as follows
(a) When two vessels are approaching each other head on, or so nearly as to involve the risks of
collision, each vessel shall bear to the right and pass the other on its left side,
(b) One vessel may overtake another on either side but shall grant the right-of-way to the
overtaken vessel;
(c) When two vessels are approaching each other obliquely or at right angles the vessel
approaching on the right side has the right-of-way;
(d) A vessel underway must yield the right-of-way to a vessel not underway;
(e) A motor powered vessel underway must yield the right-of-way to a sailboat. rowboat, canoe, or
other vessel not propelled by a motor:
(f) A seaplane underway shall yield right-of-way to all other vessels or craft;
(g) A swimmer, including a person on a flotation device, or a fallen skier, has the right-of-way over
any craft:
(h) No vessel shall approach within two hundred feet of a diver's flag indicating the presence of a
person operating or swimming under water;
(i) All vessels shall reduce speed and, if necessary, stop and, in any event. yield right-of-way upon
the approach of an emergency vessel
(Res. Into. 55-16, Att. A, 8-16-2016)
9.04.130-Speed regulations.
(a) Speed limits . No vessel shall exceed the following speeds.
(1) Within one hundred feet of a swimmer or permanent structure, six miles per hour;
(2) Within one hundred fifty feet from shore on every body of water, any speed capable of creating
a harmful wake, but in no event a speed in excess of six miles per hour.
(3) Within one hundred fifty feet of any vessel not propelled by a motor, six miles per hour;
(4) In fresh water lakes, one hour after sunset to one hour before sunrise, eight miles per hour;
(5) During daylight hours in unrestricted areas, fifty miles per hour, unless otherwise posted,
(6) Within three hundred feet on any public boat launch, six miles per hour.
(b) Due care and caution required . Compliance with the speed regulations contained herein shall not
relieve the operator of any vessel from any further exercise of due care and caution as
circumstances shall require
(Res. No. 55-16. Att. A, 8-16-2016)
9.04.135 -Water skiing.
No vessel shall be operated with a water skier or other occupied contrivance in tow unless:
Page 6 of 6
Attachment A
(a) The vessel is occupied by two persons, one legal operator according to Section 9.04.035 and
one observer at least twelve years of age.
(b) Pattern. All vessels shall go in a counter-clockwise pattern in accordance with Section
9,04.125
(c) Both vessel and person in tow are over three hundred feet from shoreline of saltwater or one
hundred fifty feet from the shoreline of freshwater and any pier or restricted area thereof,
provided; that the person being towed may start at the shore or a pier and must proceed directly
to a point at least three hundred feet from the shoreline of saltwater or one hundred fifty feet
from the shoreline of freshwater before paralleling the shoreline; provided further, that persons
in tow may return to shore or a pier at an angle of no less than forty-five degrees to the
shoreline with the shoreline on the right of the person being towed, maintaining the counter-
clockwise direction The towing vessel must maintain its distance from shoreline and reduce
speed on returning towards shore to avoid any shoreline wake damage to docks and frontage.
(Res.No. 55-16, Att. A, 8-16-2016)
9.04.140-Interference with navigation.
No person shall operate a vessel in a manner which unreasonably or unnecessarily interferes with
the operation of another vessel or the launching of any vessel at any public boat launching ramp.
Anchoring or mooring under a bridge or in a channel in an approach to a public boat launching ramp shall
constitute interference with navigation.
(Res. No. 55-16,Att. A. 8-16-2016)
9.04.150-Mooring at private docks without permission.
No person shall moor a vessel to a private seawall or commercial or public pier unless licensed,
invited or otherwise privileged to do so or beach a vessel upon private property if notice against trespass
is personally communicated to the owner or operator of the vessel by the owner of the private beach or
some other authorized person, or if notice is given by posting in a conspicuous manner. In any
prosecution under this section, it is an affirmative defense that the actor reasonably believed that the
owner of the premises or other person authorized to license access thereto, would have licensed him or
her to enter or remain.
(Res.No. 55-16, Att. A, 8-16-2016)
9.04.160- Exemption to authorized emergency vessels.
The provisions of this chapter shall be applicable to the operation of any and all vessels in the waters
of Mason County except that they shall not apply to any authorized emergency vessel responding to an
emergency or in pursuit of an actual or suspected violator of the law or to a vessel in distress.
(Res.No. 55-16, Att. A, 8-16-2016)
9.04.180-Boating accident and casualty reports.
The operator of any vessel shall complete a boating accident and casualty report as required and in
the manner provided by Chapter 352-70, Washington Administrative Code. (exhibit B of the ordinance
codified in this chapter) as now as hereafter amended.
Page 7 of 7
Attachment A
(Res. No. 55-16. Att. A, 8-16-2016)
Editor's note—Exhibit B as mentioned above has not been set out. A copy is kept on file in the
county offices.
9.04.190-Obedience to peace officers.
No person shall willfully fail or refuse to comply with the direction of a peace officer, who is at the
time discharging the duty of regulating and directing waterborne traffic.
(Res. No. 55-16, Att. A, 8-16-2016)
9.04.200-Refusal to stop for law enforcement.
Any operator of a vessel who willfully fails to stop when requested or signaled to do so by a person
reasonably identifiable as a law enforcement officer is guilty of a gross misdemeanor.
(Res. No. 55-16,Att. A, 8-16-2016)
9.04.210-Eluding a law enforcement vessel.
Any operator of a vessel who willfully fails or refuses to immediately bring the vessel to a stop and
who operates the vessel in a manner indicating a wanton or willful disregard for the lives or property of
others while attempting to elude a pursuing law enforcement vessel, after being given a visual or audible
signal to bring the vessel to a stop, shall be guilty of a class C felony punishable under chapter 9A.20
RCW The signal given by the law enforcement officer may be by hand, voice, emergency light, or siren.
The officer giving such a signal shall be in uniform and his or her vessel shall be appropriately
marked showing it to be an official law enforcement vessel.
(Res.No. 55-16,Att. A, 8-16-2016)
9.04.215-Examination of equipment.
No person shall, while operating or in charge of a vessel refuse to permit a law enforcement officer
to make an examination of any equipment of such vessel. Such law enforcement officers include, but are
not limited to, county sheriffs, officers of other local law enforcement entities, fish and wildlife officers,
through the director, the state patrol, and state park rangers.
(Res. No. 55-16, Att. A, 8-16-2016)
Editor's note—Res. No. 55-16, Att. A. adopted August 16, 2016,enacted provisions designated
as § 9.04.210. Inasmuch as the section so numbered already exists, said provisions have been
redesignated as § 9.04.215, at the discretion of the editor.
9.04.220-Overloading and overpowering.
It is unlawful for any vessel to be loaded with passengers or cargo which exceed the safe carrying
capacity of the vessel where the safe carrying capacity of the vessel is specified by the manufacturer.
Such limitation shall be considered the maximum safe load, and in no event shall a vessel be loaded
Page 8 of 8
Attachment A
beyond a capacity which is reasonable and prudent under given atmospheric conditions and other actual
and potential hazards affecting operation.
(Res.No. 55-16, Att. A, 8-16-2016)
9.04.230- Restricted areas—Special use regulations.
(a) The board of county commissioners may designate certain restricted areas for a specific purpose or
activity. No person shall operate a vessel within a restricted area, provided, that this section shall not
apply to vessels engaging in or accompanying the activity to which the area is restricted.
(b) The board of county commissioners may designate special use regulations for specific bodies of
waters and/or specific areas within those bodies of water
(c) The board of county commissioners shall establish a process for citizen petition, for establishing
restricted areas/special use regulations which shall, at a minimum, contain the following steps:
(1) Petition with twenty-five or more signatures from permanent residents of Mason County. A
permanent resident of Mason County is a person who spends most of their time in Mason
County and who has a verifiable Mason County address. The board of county commissioners
shall determine the sufficiency of the petition,
(2) Public hearing;
(3) Public meeting for consideration/decision,
(4) Report from sheriff addressing safety and enforcement issues.
(d) The board shall consider the following factors when deciding upon designation of a restricted area
and/or special use regulation(s).
(1) Does the request improve/enhance the public use of the waterway?
(2) Does the request increase public safety of life and property?
(3) Will the request increase the public liability?
(e) Designations under this section shall be made by resolution.
(f) Designations under this section shall be fully enforceable under this chapter.
(g) When special use designations conflict with other regulations, the more restrictive regulations shall
apply.
(Res. No. 55-16, Att. A. 8-16-2016)
9.04.235-Shoreline marker buoys.
Lake waterfront property owners may place one appropriate floating buoy one hundred fifty [feet]
from their respective shoreline to mark the minimum water skiing distance on fresh water. Such buoys
shall be anchored individually and shall not be connected to any other neighboring buoy by any means,
An appropriate buoy shall be round in shape; with a diameter of at least twelve inches, and shall be red in
color. Any person choosing to place out such a buoy shall assume all responsibility for the buoy.
(Res.No. 55-16, Att. A, 8-16-2016)
9.04.240- Regattas, races,or aquatic events.
(a) Definitions.
Page 9 of 9
Attachment A
"Frequency" means the number of regattas, races or aquatic events which may be held pursuant to
the application and permit procedures provided for herein.
"Regatta" or "race" or "aquatic event" means an organized water event on fresh waters of Mason
County of limited duration, which is conducted according to a prearranged schedule.
(b) Submission of application. An individual or organization, planning to hold a regatta race, or aquatic
event which, by its nature, circumstances or location, may introduce extra or unusual hazards to the
safety of life on the waters of Mason County, shall submit an application to the county
commissioner's office, County staff shall provide a copy of the application to the sheriffs office and
the county department of community services for review of application. which shall be sent to the
county commissioners for permission to hold such an event.
(c) Where such events are to be held regularly or repeatedly in a single area by an individual or
organization, the county commissioners may, subject to conditions set from time to time by them,
grant a permit for such series of events for a fixed period of time, not to exceed one year.
(d) Applications shall be submitted on forms provided by the commissioner's office and shall be
submitted no less than ninety days prior to the start of said event and in any case not later than the
first day of the month of May of the year of the event. Each application shall be accompanied by a
permit fee of five hundred dollars.
(e) The application shall include the following details
(1) The name and address of sponsoring organization;
(2) The name and address and telephone number of person or persons in charge of the event,
(3) Nature and purpose of event;
(4) Information as to general interest;
(5) Estimated number and types of watercraft participating;
(6) Estimated number of spectator watercraft:
(7) Estimated number of persons, participants, and all others;
(8) Minimum number of boats and persons being furnished by sponsoring organizations to patrol
event;
(9) A time schedule and detailed description of events,
(10) A section of a chart or scale drawing showing the boundaries of the event, various water
courses or areas to be utilized by participants, officials, and spectators;
(11) Placement and removal of the buoys or other marking devices the sponsor of such event shall
place upon the waters to set off any race course or other area,
(12) The provisions made by the sponsors for private patrolling to prevent the unauthorized entry
into the area of nonparticipants;
(13) The rescue and safety measures, including marked rescue boats, that shall be provided to
insure the safety of participants and others from injury or damage,
(14) Provisions made for ambulances to be standing by;
(15) Provisions made for adequate toilet facilities for participants and spectators
(16) Provision made for clean-up after the event,
(17) Prior inspection of participating boats to determine that they meet specifications as required
for mufflers as listed in Section 9.04.060(b);
(18) And such other information as the department of community services and county sheriffs
department may require to fully inform it of the nature and extent of such event.
Page 10 of 10
Attachment A
(f) Upon receiving an application to hold regatta, race or event, the county sheriffs office and the county
department of community services shall take the following actions or make the following
determinations:
(1) That the proposed regatta, race or event may be held in the proposed location with safety to
life and property,
(2) That the interest of safety of life and property requires changes in the application before it can
be approved;
(3) That the event requires no regulation or patrol of the proposed location;
(4) That the application be recommended for approval or rejection by the commissioners for stated
reasons,
(g) The application shall be sent with the recommendations of the county sheriff's office and the county
department of community services to the county commissioners not less than thirty days prior to
event.
(h) The county commissioners may, before taking action on the application, require the sponsoring
organization to petition or poll the property owners on the lake which would be affected by the event.
The county commissioners may also require that the sponsoring group post notice in the local paper
and/or at the proposed site of the event. prior to their taking action on said application.
(i) The county commissioners may close for general use any part or whole of a lake for the purpose of
the event, provided the approval of the application be on the condition that all terms specified in the
application be met by the sponsoring group.
Q) The county commissioners may require a surety bond deemed adequate and subject to their
approval, from the holder of the permit, being for the payment of all damages which may be caused
either to person or persons or to property by reason of said event and arising from any acts of the
holder of the permit, his agents, employees, or subcontractors, and to insure that requirements for
markers, rescue equipment or other safety conditions stated in the application finally approved are
actually provided. Said bond shall run to Mason County for use and benefit of any person, firm, co-
partnership or municipality having a cause of action against the obligor of said bond.
(k) Each application shall be accompanied by a certificate of insurance showing that the sponsor has
obtained public liability, bodily injury, property damage and liquor liability insurance for the payment
of all damages which may be caused either to person or persons or to property by reason of said
event and arising from any acts of the holder of the permit, its agents, employees, or subcontractors,
and to insure that requirements for markers, rescue equipment or other safety conditions stated in
the application finally approved, are actually provided. Mason County shall be named as an
additional insured and shall be notified by the insurer at least twenty days prior to any cancellation of
the insurance, which shall have a minimum coverage of one million dollars per accident.
(1) The approval of any application and granting of a permit is within the discretion of the county board
of commissioners as set forth in this section.
(m) Permits that are issued are subject to the conditions that the applicant will fulfill the provisions
specified in the application finally approved. If at any time the sponsors or participants in such event
violate any of the conditions contained in the application. such permit may be revoked by the sheriff
in the name of the county for the public safety.
(n) It is unlawful to tamper with or remove any cautionary signs as required except, by the applicant as
specified in subsection (e) of this section.
(o) Any testing for a motorboat race or regatta authorized under this section shall be limited as further
authorized in the application finally approved.
(Res. No. 55-16, Att. A. 5-16-2016)
Page 11 of 11
Attachment A
9.04.250-Swimming.
(a) Swimming shall be confined to
(1) Restricted areas designated for swimming only; or
(2) The area within one hundred feet from a commercial or public pier, the shore, or a vessel
accompanying the swimmer. Such vessel shall display a red flag.
(b) Except in an emergency, swimming is prohibited at all times within designated channels.
(Res.No. 55-16, Att. A, 8-16-2016)
9.04.260-Underwater diving.
(a) Underwater diving is prohibited:
(1) In any area unless the diver is accompanied by a vessel or the diving occurs within two
hundred feet of a properly displayed diver's flag: and
(2) Within three hundred feet of any ferry slip, public boat ramp.. or restricted area designated for
swimming only, except pursuant to a permit issued by the board of county commissioners
(b) It is unlawful to operate a vessel within two hundred feet of a diver's flag.
(c) When the density of divers flags would prohibit reasonable ingress or egress to a beach or dock.
(Res. No. 55-16, Att. A, 8-16-2016)
9.04.290-Dumping debris.
It is unlawful for any person to dump or throw any oil, garbage. ashes. debris. gravel, earth, rock,
stone, trees, logs, roots, snags stumps, brush. piles, lumber, containers, wood or metal scrap or other
waste or refuse in or upon navigable water or upon the shores thereof in such position that the same may
be washed into said water by waves, tides, storms, or floods.
(Res.No. 55-16, Att. A, 8-16-2016)
9.04.300-Rental records.
Any person that rents or charters a vessel shall cause to be kept a record of the name and address
of the person or persons hiring the vessel, the identification number of the vessel, the departure date and
time and the date and time of the return of the vessel. Such record shall be preserved for not less than six
months from the date of departure of the vessel and shall be made available for inspection by any law
enforcement officer.
(Res. No. 55-16,Att. A, 8-16-2016)
9.04.310-Safety devices on commercial piers.
Every owner, agent, lessee or other person in charge of any commercial pier open to the public shall
maintain on such pier at least one thirty-inch ring life buoy, and one thirty-inch life buoy for every three
hundred lineal feet of berthing space to each of which shall be attached at least two hundred feet of line,
one end of which shall be fastened to the ring life buoy Each ring life buoy and attached line shall be kept
in a box on the pier readily available for use by the public in case of accident. The box shall be clearly
labeled and be at all times kept clear of obstructions. It is unlawful to use, remove or tamper with any ring
Page 12 of 12
Attachment A
life buoy or its attached line except in the course of maintenance or inspection of the same or its box, or
for use in response to an emergency.
(Res. No. 55-16,Att. A. 8-16-2416)
9.04.320-When a vessel may be impounded without prior notice.
(a) A vessel may be impounded without giving prior notice to its owner as required in Section 9.04.330
hereof only under the following circumstances:
(1) When the vessel is anchored or moored and is impeding or likely to impede passage of other
vessels or obstructing or occupying any private moorage or anchorage belonging to someone
else: and
(2) When the vessel has remained anchored or moored at a public facility for one hour longer than
the maximum mooring or anchoring time, or
(3) When the vessel is unoccupied adrift or poses an immediate danger to the public safety; or
(4) When the vessel appears unseaworthy or has been sunk or grounded; or
(5) When there is no person on board the vessel with sufficient capacity under Section 9.04 100 to
operate the vessel; or
(6) When the operator of the vessel is arrested and there is no other person on board the vessel
with sufficient capacity under Sections 9.04 100 and 9.04.110 to operate the vessel. or
(7) When the operator of the vessel refuses or neglects to obey an order from a peace officer to
proceed from or to an area; or
(8) When a peace officer has probable cause to believe that the vessel is stolen; or
(9) When a peace officer has probable cause to believe that the vessel constitutes evidence of a
crime or contains evidence of a crime and if impoundment is reasonably necessary in such
instance to obtain or preserve such evidence.
(b) Nothing in this section shall be construed to authorize seizure of a vehicle without a warrant where a
warrant would otherwise be required
(Res.No. 55-16, Att. A. 8-16-2416)
9.04.330-When a vessel may be impounded after notice.
A vessel not subject to impoundment under Section 9.04.320 may be impounded after notice of such
proposed impoundment has been securely attached to and conspicuously displayed on the vessel for a
period of twenty-four hours prior to such impoundment, for the following reasons:
(a) When such vessel is moored, anchored and/or used in violation of any law, ordinance or
regulation, or
(b) When such vessel is abandoned, as that term is defined in Section 9.04 400.
(Res.No. 55-16, Att. A, 8-16-2016)
9.04.340-How impoundment is to be effected.
When impoundment is authorized by this chapter, a vessel may be impounded by an officer or
authorized agent of the sheriffs department.
Page 13 of 13
Attachment A
(Res. No. 55-16,Att. A, 8-16-2016)
9.04.350-Owner of impounded vessel to be notified.
(a) Not more than forty-eight hours after impoundment of any vessel, the sheriff shall mail a notice to
the registered owner of the vessel, as may be disclosed by the vessel registration number, if such be
obtainable, and to any other person who claims the right to possession of the vessel, if such a claim
is known to an officer, agent or employee of the sheriffs department who has knowledge of the
impoundment_ The notice shall be mailed to the registered owner at the address provided by the
Washington State Department of Licensing or the corresponding agency of any other state or
province. If a peace officer who has knowledge of the impoundment has reason to believe that an
owner, or one who claims to be an owner. is residing or in custody of some different address which is
known to the officer, a copy of the notice shall also be mailed or personally delivered to such owner
or claimant in a manner designed, as nearly as may be practicable, to give actual notice to him or
her. The notice shall contain the full particulars of the impoundment, redemption and opportunity for
hearing to contest the propriety of the impoundment as hereinafter provided.
(b) Similar notice shall be given to each person who seeks to redeem an impounded vessel, except that
if a vessel is redeemed prior to the mailing of notice, then notice need not be mailed.
(c) Similar notice shall likewise be given at the time of releasing a vessel impounded for investigatory
purposes pursuant to Section 9.04.330. except that if a vessel is redeemed following notice by
telephone and prior to the mailing of notice, then notice need not be mailed.
(Res.No. 55-16,Att. A, 8-16-2016)
9.04.360-Redemption of impounded vessels.
Vessels impounded by the county shall be redeemed only under the following circumstances
(a) Only the registered owner, a person authorized by the registered owner or one who has
purchased a vessel from the registered owner who produces proof of ownership or authorization
and signs a receipt therefor, may redeem an impounded vessel.
(b) Any person so redeeming an impounded vessel shall pay the costs of towing and storage prior
to redeeming such vessel, except as provided for by subsection (c) of this section.
(c) Any person seeking to redeem an impounded vessel has a right to a hearing in district court to
contest the validity of impoundment or the amount of towing and storage charges and such
person shall have his or her vessel released when such person makes such request for a
hearing in writing on a form approved by the court and signed by such person; provided further
that at the time of requesting such hearing such person shall also execute a promise in writing
in the form of a promissory note in an amount to include the costs of towing and storage, a civil
penalty of one hundred dollars, plus any collection costs, which promissory note shall
immediately become due and owing in the event such person either: (1) fails to appear at the
requested hearing provided for in this chapter, or (2) fails to pay, or make arrangements to pay
within forty-eight hours after such hearing, any towing and storage charges for which such
person may be found liable at such hearing Such promissory note shall be automatically
canceled and discharged when person either (1) cancels his or her request for a hearing and
pays the towing and storage charges and the cancellation fee as provided in Section 9.04.370
or (2) pays or makes arrangements to pay the towing and storage charges and other costs
within forty-eight hours after having been found liable therefor at the hearing provided for in this
section and Section 9.04.380.
(Res. No. 55-16, Att. A, 8-16-2016)
Page 14 of 14
Attachment A
9.04.370-Cancellation of hearing.
Any persons redeeming an impounded vessel in accordance with subsection (c) of Section 9.04.360,
shall have until seven days after the date of the request for a hearing to cancel such hearing.
(Res. No. 55-16, Att. A. 8-16-2016)
9.04.380- Post-impoundment hearing procedure.
Hearings requested pursuant to Section 9.04 360 shall be held in the district court, which court shall
determine whether the impoundment was proper and whether the towing and/or storage fees charged in
such connection were proper. If the impoundment is found to be proper, then towing and storage fees
shall be assessed against the owner of the vessel in addition to the fine for the offense. In the event a
person requesting a hearing either, (1) fails to appear at the hearing, or (2) fails to pay or make
arrangement to pay within forty-eight hours after the hearing any impoundment fee assessed by the court
at the hearing, a civil penalty and the costs of collection may be assessed by the district court and the
court may enter judgment on the promissory note provided for in Section 9.04.360(c) in addition to the
fine for the offense.
(Res.No. 55-16, Att. A, 8-16-2016)
9.04.390-Responsibility for fees as to standby time,stolen vessels or vessels held for investigatory
purposes.
(a) No towing or storage charges shall be assessed against the owner of a vessel when the vessel is
impounded by order of the sheriffs department, and not by direction of the vessel owner, and verified
as stolen by the sheriff's department when:
(1) Substantial evidence of the theft exists, as determined by the covering officer, or
(2) The vessel was reported stolen before it was impounded, and there is no tangible evidence of
negligence by an authorized operator which contributed to the theft, including but not limited to
keys left on or in the vessel.
Provided that the owner or the person authorized to redeem the vessel shall pay storage charges
commencing on the sixth day after impoundment for such purpose.
(b) No towing or storage charges shall be assessed against the owner of a vessel which is being held
for investigatory purposes pursuant to Section 9.04.320(a)(8) and which is redeemed within ninety-
six hours after the sheriffs department shall have notified the owner of the release of such vessel in
writing in the manner provided in Section 9.04.350(c): provided that such owner or person authorized
to obtain possession of such impounded vessel shall pay any charges assessed for storage after
such ninety-six-hour period. provided further, that if the registered owner or the operator authorized
by the registered owner is arrested or charged with a crime in connection with the incident leading to
impoundment, the owner is not exempted from towing or storage charges.
(Res.No. 55-16, Att. A, 8-16-2016)
9.04.400-Abandoned vessel.
Any impounded vessel not redeemed within fifteen days of mailing of the notice required by Section
9.04.350 shall be deemed abandoned; provided, that if the sheriff has reason to believe that the owner of
such impounded vessel is in custody, it shall be presumed that the vessel is not abandoned and such
vessel shall not be deemed abandoned except upon a determination by the court after the prisoner has
Page 15 of 15
Attachment A
had an opportunity to be heard regarding the property of the impoundment and circumstances giving rise
to such impoundment; provided further that, in the case of a vessel impounded by order of a peace officer
and held pursuant to such order, the fifteen days shall not begin until forty-eight hours after the sheriff
shall have notified the owner in accordance with Section 9 04.350(c) that it has authorized the release of
the vessel_
(Res. No. 55-16, Att. A. 8-16-2016)
9.04.410- Disposition of vessels as unclaimed property.
An abandoned vessel not redeemed after notice within the periods provided by Section 9.04.400,
with charges for towing and storage remaining due and unpaid. shall be subject to disposition under RCW
63.40.010 as unclaimed property
(Res. No. 55-16, Att.A, 8-16-2016)
9.04.420- Restricted lakes.
(a) Internal combustion (i.e., gasoline and/or diesel) powered motor boats shall not be operated at any
time on any of the following named lakes and those lakes of less than twenty-five acres in area.
RESTRICTED LAKES
Aldrich Devereaux � Johns Tena
Armstrong Dry Beds Kent Trails End (Prickett)
f Benson Emmons Larson Trask
Cady Erdman Maggie Twin
t i
Carson Erickson Oak U
l Catfish Grass Osborne Wheeler
Clara Hanks Big Panhandle Wildberry j
_-fit l
Clear Hanks Little I Robinson Wood
Collins Hatchery Shoe
! Coon Howell Standstill
Crater liggs Steves
Page 16 of 16
Attachment A
(b) No personal watercraft (i.e jet skis) shall be allowed on the Mason County side of Panther and Tiger
Lakes
(c) No personal watercraft(i.e jet skis)shall be allowed on Lake Kokanee and all internal combustion
powered motorboats shall be restricted to no more than 7 1/2 horsepower engines.
(d) See Section 9.04.230 for information on the process of restricting activities on county bodies of
water
(e) Notice. There may be additional specific restrictions on bodies of water in the county adopted under
Section 9.04.230.
(Res.No. 55-16, Att. A. 8-16-2016)
9.04.430-Civil penalties.
A violation designated in this chapter as a civil infraction shall constitute a civil infraction pursuant to
chapter 7.84 RCW.
(Res. No. 55-16. Att. A. 846-2016)
Page 17 of 17