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HomeMy WebLinkAbout2018/11/05 - Briefing Packet BOARD OF MASON COUNTY COMMISSIONERS DRAFT BRIEFING MEETING AGENDA 411 North Fifth Street, Shelton WA 98584 Week of November 5, 2018 Monday, November 5, 2018 Commission Chambers 9:00 A.M. Closed Session — RCW 42.30.140 (4) Labor Discussion 9:30 A.M. Support Services — Frank Pinter 10:15 A.M. WSU Extension — Noxious Weed Control — Pat Grover 10:25 A.M. BREAK 10:30 A.M. Homes First—Trudy Soucoup/Keith Looker 10:45 A.M. Community Services — Dave Windom 11:00 A.M. Public Works — Jerry Hauth Utilities & Waste Management 11:30 A.M. Land Lease Proposal —Walt Austin/Tim Pavolka & Rahn Redman Commissioner Discussion — as needed BREAK— NOON 2:15 P.M. 2019 Budget Workshop Review of Outstanding Requests Commissioner Discussion — as needed Briefing Agendas are subject to change,please contact the Commissioners'office for the most recent version. Last printed 11/01/18 at 11:34 AM If special accommodations are needed,contact the Commissioners'office at ext.419,Shelton#360-427-9670;Belfair #275-4467,Elma#482-5269. MASON COUNTY COMMISSIONER BRIEFING INFORMATION FOR WEEK OF November 5, 2018 In the spirit of public information and inclusion, the attached is a draft of information for Commissioner consideration and discussion at the above briefing. This information is subject to change, additions and/or deletion and is not all inclusive of what will be presented to the Commissioners. We have changed the packet format so that it is an interactive document. Please click on the agenda item which then takes you to the cover sheet of that section in the document. To get back to the agenda, hit your "home" key on the keyboard. Please see draft briefing agenda for schedule. Co��� 185= Mason County Support Services Department Budget Management 04 :,, 411 North 5 th Street Commissioner Administration Shelton WA 98584 Emergency Management Facilities, Parks&Trails 360.427.9670 ext. 419 Human Resources Information Services Labor Relations INN 3 Risk Management MASON COUNTY COMMISSIONER BRIEFING ITEMS FROM SUPPORT SERVICES November 5, 2018 • Specific Items for Review 0 2018 Holiday schedule—November 12, November 22 and 23; December 25 are holidays. Can county offices close early (noon) on Monday, December 24 and December 31? Will December 18 be final 2018 Commission meeting?— Diane o LTAC recommendation for 2019 Visitor Information Center services—Diane o Status of 2019 Economic Development Council request for funding—$83,000. Next step is to circulate EDC's request for comment, pursuant to RCW 82.14.370— Diane o WA Paid Family & Medical Leave Implementation — Dawn o Review of Take Home Vehicle Requests—Dawn o Equitable Cost Allocations -Jennifer o Requests for the 2018 Budget hearing to be held on December 11 -Jennifer • Commissioner Discussion o Application from Rev. Jeannine Daggett for the Housing & Behavioral Health Board. There is one Mason County resident opening. —Cmmr. Shutty J:\DLZ\Briefing Items\2018\2018-11-05.docx MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Diane Zoren DEPARTMENT: Support Services EXT: 419 BRIEFING DATE: November 5, 2018 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEMS: The Lodging Tax Advisory Committee (LTAC) is recommending the Visitor Information Center (VIC) contracts be extended into 2019 for the following amounts: a. Shelton Mason County Chamber of Commerce (includes Hoodsport location) $70,000 b. North Mason Chamber of Commerce (includes Union location) $40,700 EXECUTIVE SUMMARY: The VIC contracts are one-year contracts with an option to renew for one year. LTAC met on October 31, 2018 and after much discussion recommended the contracts be extended for 2019. The awards are based on what the Chambers requested for 2018 funding. The 2018 contracts are as follows: Shelton Mason County Chamber $57,400 and North Mason Chamber $33,400. BUDGET IMPACTS: Lodging Tax ending fund balance is budgeted at $146,387 and revenues are coming in ahead of projection. As of September 18, $250,862 has been received and $291,500 was anticipated for 2018. RECOMMENDED OR REQUESTED ACTION: Authorize 2019 VIC contracts with the Chambers be placed on the Action Agenda for approval. ATTACHMENTS: Draft 10/31/18 LTAC minutes. J:\DLZ\Briefing Items\2018\Diane's stuff\LTAC 2019 VIC awards.doc MASON COUNTY LODGING TAX ADVISORY COMMITTEE Meeting Minutes Commissioners' Chambers 411 North 5T" Street, Shelton, WA 98584 Wednesday, October 31, 2018 9:00 a.m. Members in Attendance: Chair Terri Drexler, Nathan Welch, Duane Wilson, Stephanie Rowland, Heidi McCutcheon and Shaun Tucker. Also in attendance were Rachel Hansen, Jake Geist and Will Tigard. Chair Drexler called the meeting to order at 9:01 a.m. Approval of the July 18, 2018 meeting minutes Heidi/Duane moved and seconded to approve the July 18, 2018 meeting minutes. Motion carried. 3`d Quarter Reports Heidi presented the 3`d quarter report for the Shelton/Mason County Chamber of Commerce Visitor Information Center which provides services in Shelton and Hoodsport. The smoke from the forest fires had some negative impact to tourism. The Bite magazine is funded by the Chamber and they changed the format. Stephanie Rowland presented the 3`d quarter for the North Mason Chamber of Commerce Visitor Information Centers which provide services in Belfair and Union. The Pumpkin fest was a success. Stephanie will offer customer service training in 2019 free to local businesses. The report includes what licensing customers purchase when they visit the North Mason Chamber office which also serves as the VIC. Northwest Event Organizers (NEO) Rachel Hansen presented a PowerPoint for her 3`d Quarter Report that included website stats. Lodging Tax increased in July &August by 17%. Rachel updates the website daily with blogs. She is working with lodging establishments to highlight unique experiences. Website views have increased including organic searches. NEO attended local events to promote tourism in Mason County. Facebook followers are 38,657 with engaged users at 22,846. Blogs and videos are popular. Rachel will use the lists they have created from the various events to promote the events in 2019. Skokomish Tourism promotes Explore Hood Canal stories. Rachel would like to join Scenic Washington at a cost of$7,000 and includes promoting Explore Hood Canal on the back page of the WA State road map and four articles. There is funding available in her current budget. Rachel will attend a tourism event in San Francisco in March. A 28 page visitor information guide is available on the website. Rachel is working on a Festival of the Fjord, a county-wide campaign to showcase Mason County holiday opportunities. Olympic Peninsula Tourism Consortium is asking for participation in 2019. LTAC supports engaging with Scenic Washington. Rachel shared information on the relationship with Olympic Peninsula Tourism Consortium and stated she has not received a lot of referrals from their website. It cost $1,500 to be included in the waterfall map; $3,000 for membership in the Consortium. Rachel supports being part of the Consortium in 2019 at a rate of$5,000 because they do have some helpful tools. Shaun has been opposed to participating in the Olympic Peninsula Tourism Consortium because he doesn't believe they offer a good product. Heidi believes it's Rachel's responsibility to decide what to be part of and it's LTAC's responsibility to make sure Rachel is on the right track but not get into the weeds– LTAC sets the vision and Rachel drives the car. Heidi agreed the quality of product from Olympic Peninsula Tourism has declined. Shaun stated there will be meeting for the WA Tourism Alliance (WTA) and there will be an ask for funding. Rachel will decide whether to fund WTA or Olympic Peninsula Tourism. — Page 1 Lodging Tax Advisory Board Meeting Minutes October 31, 2018 2019 Visitor Information Center Services The Visitor Information Center contract is a one year contract (2018) with an option to renew for 2019. The question before the LTAC is do they want to continue the existing contracts for 2019 and how much funding. The 2018 funding is 30% of lodging tax revenues collected in 2016. Using this formula, the amount available for 2019 is $117,400 (based on 2017 total lodging tax revenue of$391,344). The original proposals submitted by the Chambers are $70,000 for the Shelton-Mason County Chamber and $40,700 for North Mason Chamber. The LTAC members discussed the issue at length: Duane asked if more money is awarded, what additional services will be provided. Stephanie pointed out they were not awarded what was requested for 2018. Heidi stated the Chamber is subsidizing the VIC. One thing she would do is to redo the map on the wall of the Hoodsport VIC. Shaun pointed out that the on-going question continues to be are VIC's still relevant. Stephanie believes having VIC's available to offer assistance to tourism is valuable. Shaun noted that the Hoodsport VIC is serving 1000's of visitors; Shelton and Belfair are serving 100's of visitors. Hoodsport is clearly more visited. Shaun stated he doesn't have a better idea to replace the VIC's. Cmmr. Drexler suggested the recommendation could be to extend the contracts at the current rate with an amendment to increase the contract amount. Will Tigard believes if there was additional funding available, improvements to the Visit Union website could be done. Shaun/Duane moved and seconded to approve extending the VIC contracts for 2019 at the same 2018 rate. Motion failed. Nay—3. Heidi stated when original proposals were submitted the Chambers included the amount of funding they need to operate the VIC's. She stated the Shelton Mason County VIC operates in the red. When the 2018 contracts were awarded there was not enough funding available to award the entire amount. Duane understands the $70K was the original request but he still supports having an explanation of what they would do with additional funding at the next LTAC meeting. Heidi stated she has a"needs" list. Because of the reduction in funding, Belfair cut the hours of the Union VIC. Stephanie stated if the VIC funding is cut, the Belfair Chamber would have to move. Cmmr. Drexler cautioned Heidi and Stephanie from participating in the discussion so there is no conflict of interest. LTAC Page 12 Lodging Tax Advisory Board Meeting Minutes October 31, 2018 There was further discussion of extending the contracts as written and pending legal review, have an amendment to increase the contract based on the 30% of revenues formula. Nathan moved to extend the VIC 2019 contracts at 30916 of 2017 revenues for a total of $117,400 Motion died due to lack of a second. There was a discussion of the funding options, historically have awarded VIC's 30% of lodging tax revenues. Duane wants an explanation of how the extra money will be used in order to award more than the 2018 rate. Shaun/Duane moved and seconded to recommend extending the two VIC contracts for 2019 for a total of$110,700;$70,000 to Shelton Mason County Chamber and$40,700 to North Mason Chamber based on their 2018 presentations. Motion carried. Cmmr. Drexler stated the Chambers could present a request for additional funding and ask for a contract amendment at the January LTAC meeting. Other Business Cmmr. Drexler stated the non-committed budget line in the Lodging Tax fund is now at $213,107 and recommended LTAC consider how to spend that funding at the next meeting. Nathan stated he has funding for his hotel expansion in Allyn and hopes to break ground in spring 2019. The expansion is for 40 rooms. Cmmr. Drexler stated the County will be surplussing property at Highway 101/102 and subdivide the property into six parcels and EDC will do a market study for hoteliers. Cmmr. Drexler then stated the Hospitality Association will sponsor a legislative bill that requires reservation services to collect lodging tax for vacation rentals and encouraged the LTAC members to support the bill. Cmmr. Drexler stated she helps manage the RV's at Oysterfest and they collect user information. She will ask if she can push this information out to the hoteliers. This is Cmmr. Drexler's last LTAC meeting and she thanked the members for all their work. Public Comment— None Calendar— next meeting will be scheduled in January 2019 for 4th quarter reports; ideas for the uncommitted budget line; VIC request for additional 2019 funding; RFPs for 2020 services. The meeting adjourned at 11:30 a.m. LODGING TAX ADVISORY COMMITTEE MASON COUNTY, WASHINGTON ATTEST: LTAC Clerk Cmmr. Terri Drexler, Chair LTAC Page 13 LTAC — Shelton Mason County Chamber 2018 Proposal and Contract ng Tax Application—Visitor Information Services ,.Inization Name: Shelton-Mason County Chamber of Commerce janization Address: 215 West Railroad Avenue PO Box 2389 Shelton, WA 98584 itact Name: Heidi McCutcheon, Executive Director )ne: (360) 426-2021 ail Address: heidi@sheltonchamber.org posed Amount: $70,000.00 Shelton-Mason County Chamber of Commerce requests the opportunity to continue its successful partnership i Mason County providing Visitor Information Centers for travelers. Services are provided both in person and via ial media, touting the incredible options available in Mason County for adventurists providing high quality, fessional, and personal visitor information services in three tourism related facilities as authorized in Mason County le Chapter 3.24 and RCW 67.28.080(7). nt funds will be used to operate and maintain three Visitor Information Center facilities providing personal, rmative, timely and professional visitor information services to Shelton and Mason County visitors and the eling public. This partnership is leveraged with grant funds from the City of Shelton, the National Park Service, :ed States Forest Service, and the time and expertise of nearly 30 local volunteers. Together, the location in idsport and those in downtown Shelton offer visitor information services seven days a week in person and by n e. 016, the County LTAC Board approved increased funding, allowing the Chamber to break even on tourism for the time in our history of visitor information services.Additional funding would allow for increased volunteer and staff ling opportunities, further ensuring a quality visitor experience. ed:=�_yrl�t! �.�-�.lp xt Date: July 12, 2017 Na&ie: Heidi McCutcheon, Executive Director i i 2018 Lodging Tax Application—Visitor Information Services Location Details HOOD CANAL VISITOR INFORMATION CENTER, 150 N LAKE CUSHMAN RD, HOODSPORT 0 Awl so Ni.rar...� i Y ,,," 77 HS'Sa�AGse Htl Wl ' (.N��C nmp.wdJ•Omndf nA O The Hood Canal Visitor Center is located just off of U.S. Highway 101 North, at the base of Lake Cushman Road which is the Staircase entrance to Olympic National Park and Olympic National Forest. Following the closure of the Park Ranger office in 2005, the Chamber successfully secured contracts with the U.S. Forest Service and National Parks which continue to partially fund the operation of this location, maximizing the investment of each agency. As a former Park Ranger office, the facility is well designed to receive visitors with its large vestibule for brochures and pamphlets, storage space for maps and passes, public restrooms, and ample parking. Space dedicated to visitor information services is 1,200 sq. ft. Paid staff include a husband & wife team who coordinate schedules for nearly 20 unpaid volunteers. Hours of operation during peak season (May to September) are 50 hours each week;typically Monday through Thursday from 9:00 AM —4:00 PM, Friday and Saturday from 9:00 AM— 5:00 PM, and Sunday from 9:00 AM — 3:00 PM. Hours of Operation during the off-season (October to April) are 40+ hours per regular week;typically Monday through Saturday from 10:00 AM —4:00 PM and Sunday 12:00—4:00 PM. CABOOSE#700 RAILWAY CAR, 230 W RAILROAD AVE, SHELTON d rnrvlin� __-vrim-cr2i 1� GONs6crc.gh Cnei The Caboose not only holds tourism information but is a tourist destination itself—a monument to the logging history of the area. It was built in the 1920s in Shelton by the Peninsula Railway Company and used to carry passengers and freight to and from logging camps until its retirement in 1965. The Caboose is located in the Simpson-Reed Historic District,just in front of the U.S. Post Office on Railroad Avenue. Nearby access to State Highway 3 and minutes away from U.S. Highway 101, the Caboose is also walking distance from the museum, parks, restaurants, and retail locations. Continued next page 2018 Lodging Tax Application—Visitor Information Services Location Details Continued space dedicated to Visitor Information is 300 sq. ft.' While there is no paid staffing, volunteers are staffed _4h the Mason County Historical Society. The Caboose was outfitted with video monitoring equipment in 2016, ging for Chamber staff to monitor visitors to the Caboose during regular workday hours regardless of volunteer ,esence. Hours of operation are 45+ hours per week, typically Monday through Friday from 8:00 AM - 5:00 PM and aturday from 10:00 AM-3:00 PM. HELTON VISITOR INFORMATION, 215 W RAILROAD AVE, SHELTON -b— •Y15 W Rail.wd Ave_.. t^ 1 W�:ive SY _ VIII■ .. 6,16b—gh G,A ie Chamber's administrative office located at 215 W Railroad Ave reserves 400 sq. ft. of space for visitor information ochures, pamphlets, maps and business cards. Its location, also easily accessible to visitors from Highway 3 and U.S. ghway 101 North, just across the street from the Caboose, allowing the Chamber office to augment volunteer rvices at the Caboose and provide storage for both locations. )ace Dedicated to Visitor Information is 400 sq. ft. Paid staff include the Chamber's executive director, membership ,ector, and office administrator as well as volunteers and interns. Hours of operation are 45 hours per regular week, :)ically Monday through Friday, 8:00 AM - 5:00 PM iese three high traffic locations in Hoodsport and downtown Shelton, together, total 1,900 sq. ft. of 4cated space offering visitor information services seven days a week in person and by phone. ,are footage estimated based on historical drawings and references 2018 Lodging Tax Application—Visitor Information Services Statement of Qualifications Incorporated nearly 90 years ago, the Shelton-Mason County Chamber of Commerce is the oldest business association in the county, dating back to 1922. As a private not-for-profit organization, the Chamber's mission is to encourage and maintain a vibrant business community, promote tourism and facilitate economic development. The Chamber has operated Visitor Information Centers in downtown Shelton for more than thirty years. In 2005, the Chamber recognized the decommissioning of the Park Ranger office in Hoodsport as an opportunity to expand services to a highly trafficked visitor area. Working with the National Parks and the U.S. Forest service, the Chamber successfully established and maintains contracts authorizing operation of a Hood Canal Visitor Information Center in that location. Being in the unique position to contract with the National Park Service and U.S. Forest Service allows the Chamber to maximize the impact of County LTAC funds. In the Shelton locations, the Chamber leverages grant dollars received from the County with funds received from the City of Shelton. With the brand recognition of chambers worldwide, the Chamber is strategically positioned to promote tourism for Mason County. Chambers and their websites/social media are often a first resource for prospective travelers and guests. The ability to secure resources to provide quality web development, guest information, publications and referrals in a professional manner is essential to our community's success in tourism development. In that capacity, Chamber staff and volunteers are practiced in answering inquiries for all area events and attractions in addition to directing visitors to products, services and additional information. In 2016 alone, the three Visitor Information Centers operated by the Chamber served nearly 19,000 walk in visitors (an increase of 4% over the previous year) and answered nearly 1,000 phone calls. Data from June 2017 shows increased traffic at the visitor centers,where on a single day we may serve more than 220 visitors. The relationships the Chamber has cultivated with Mason County, City of Shelton, National Park Service, U.S. Forest Service, North Mason Chamber of Commerce & Union Tourism Association, Squaxin Island Tribal Tourism, Olympic Peninsula Tourism Commission, Olympic Peninsula Culinary Loop Association and other tourism related agencies throughout the County and region ensure a strong information network and collaborative tourism promotion efforts. edging Tax Application—Visitor Information Services ,podology for Tracking Visitors The Chamber already has systems in place to track information to analyze information center services, need, and use including but not limited to the following: • Staffed hours at Visitor Information Centers The Chamber records the number of hours at each staffed location weekly. At the Caboose Visitor Information Center location, a camera was added to allow Chamber staff to access the facility at such times when volunteers are unavailable, expanding the availability of that location and its resources to tourists. • Number of passes/maps sold A monthly report details the types and quantities of maps and passes sold. • Number of walk-in visitors, phone calls and website inquiries Staff and volunteers keep a log of walk-in visitors — including home city and state — in addition to tallying the number of inquiries related to tourism which are received via phone or email. • Number of visitor information packets mailed The Chamber administrative office accepts visitor information requests from all three locations and mails packets weekly via U.S. Priority Mail, ensuring timely delivery of custom information packages to assist prospective visitors. • Website traffic Analytic reports, which are reviewed quarterly, reflect the number of visitors to sheltonchamber.org, new versus returning visitors, geographic breakdown of visitors (state%ounty), the most viewed pages, and the number of links activated to explorehoodcanal.com (the County-wide tourism website). • Sales and/or LTAC tax reports, as detailed by Washington State Department of Revenue The Chamber regularly reviews the sales and LTAC tax income figures as a means to gauge any change in spending (denoting a change in occupancy/visits). rhe data from these systems is reported quarterly to the County Commissioners. The following is an excerpt from the ?016 Year End report: Fourism efforts made in 2016 for Visitor Information Services included: • Administering and operating three Visitor Information Centers • Providing courteous and professional services in person and by phone • Soliciting, procuring, and displaying tourism information • Advertising local businesses and services, particularly lodging, dining, and shopping • Auditing inventory of informational publications at all visitor information centers, and • Engaging in partnerships with US Forest Service and National Parks, to maximize available resources for the Hood Canal Visitor Information Center. 2018 Lodging Tax Application—Visitor Information Services Methodology for Tracking Visitors Continued VISITOR COUNTS,YEAR-OVER-YEAR COMPARISON Caboose Chamber Hood Canal Change Month 2016 2015 2016 2015 2016 2015 # % January 76 32 45 105 506 479 11 1.79% February 43 25 108 84 578 717 -97 -11.74% March 25 71 82 114 765 1,003 -316 -26.60% April 55 94 61 167 1,322 923 254 21.45% May 41 67 82 195 1,661 1,592 -70 -3.78% June 76 131 73 207 1,879 1,939 -249 -10.94% July 155 172 109 112 3,002 2,826 156 5.02% August 125 199 112 104 2,907 2,701 140 4.66% September 164 109 121 97 1,952 1,711 320 16.69% October 95 59 208 84 818 795 183 19.51% November 77 23 79 148 718 664 39 4.67% December 83 7 112 23S 424 427 -50 -7.47% TOTAL 1 1,015 989 1 1,192 1,652 16,532 15,777 321 1.74% PHONE CALLS, YEAR-OVER-YEAR COMPARISON Month 2016 2015 # % January 144 146 -2 -1.37% February 152 157 -5 -3.18% March 258 289 -31 -10.73% April 213 145 68 46.90% May 210 259 -49 -18.92% June 278 264 14 5.30% July 362 262 100 38.17% August 301 280 21 7.50% September 279 255 24 9.41% October 194 230 -36 -15.65% November 246 243 3 1.23% December 212 211 1 0.47% TOTAL 2,849 2,741 108 4.93% MAPS & PASSES, YEAR-OVER-YEAR COMPARISON Map/Pass 2016 2015 # % Interagency Pass 260 175 85 49% US Forest Annual 302 274 28 10% US Forest Map 114 100 14 14% Mt. Skok Map 123 136 -13 -10% Brothers Map 16 22 -6 -27% Discover Annual 147 143 4 3% Discover Day 9 6 3 50% NW Forest Pass 609 656 -47 -7% Christmas Trees 135 137 -2 -1% Total 1,715 1,649 66 4% 2018 Lodging Tax Application-Visitor Information Services Methodology for Tracking Visitors Continued In 2016, sheltonchamber.org received 22,059 sessions, of which 67.99% were new and 48,638 page views. There were 9,794 clicks to our online event calendar, making it the most visited page other than the homepage. Our events and festivals information page was the second most visited with 6,108 clicks - this page links directly to explorehoodcanal.com. Our Facebook page has nearly 1,900 fans and is a way in which we continuously share business news, community events and information, and provide information on hot topics. In 2016, our Facebook page attracted 194,213 unique users and had a weekly average of engaging approximately 2,500 unique users. The top post of 2016 was our shared post of Shelton Cinemas Summer Movie Mondays Schedule. The total number of impressions for this post was 21,333. POST REACH BY CITY-quarterly and annual likes 2016 Shelton Olympia Union,WA Seattle Belfair Lacey Tumwater 1Q 71,944 6,625 3,988 3,005 2,045 2,026 1,918 2Q 81,707 7,238 5,442 3,346 3,068 2,546 2,419 3Q 119,635 11,243 6,362 5,893 6,436 4,584 3,992 4Q 84,260 6,495 5,833 2,217 2,798 2,105 2,038 357,546 31,601 21,625 14,461 14,347 11,261 10,367 We also designed, wrote, edited, and distributed another issue of the BIGHT magazine. This 40+ page magazine is directly mailed to every mailbox and Post Office box in Hoodsport, Shelton, and Union which amounts to more than 18,000 copies of every issue. We also print additional copies for businesses and the Chamber to hand out. You can frequently come across a BIGHT magazine in lobbies and waiting rooms across the county. Not only does this magazine tell the Chamber's story, it also dedicates a vast majority of space to visitor services. We share events, festivals and happenings, public interest pieces, tidbit news items for a wide variety of businesses and a member directory;further promoting Mason County. The most recent issue, which hit mailboxes in June, featured a feature story on new festival Fjordin Crossin, three pages of events and happenings, several spotlights on county businesses, and featured a story about Mason County waterfalls from explorehoodcanal.com. Note:no LTAC funds supported this publication. 7 fi' Page 7 of 10 2018 Lodging Tax Application—Visitor Information Services Strategy All three Visitor Information Centers serve to support tourism promotion activities, providing tourists personal and professional service referrals, and particular information on and direction to County points of interest, area lodging, dining, retail and recreational businesses and locations. Visitors are also provided information about local events including those supported by County and City lodging tax revenues. Quality visitor information services are expected by far and local travelers and serves as a vital support to other tourism promotion activities. Personal, courteous and expert information is expected by visitors and met by dedicated volunteers and Chamber staff. In order to guarantee this is the case, the Chamber organizes training for its volunteers, especially as it pertains to parks and attractions, lodging locations, area restaurants and lodging, recreational activities, as well as required permits and passes. Parks With sixteen County Parks and ten City Parks, outdoor opportunities abound. The Chamber keeps in contact with County and City department heads to keep apprised of new equipment, programs, and events. Relevant committee meeting minutes are also reviewed. Staff and volunteers are educated on resources such as the Mason County Outdoor Adventure Map, developed under county-wide tourism promotion. Lodging As the Chamber has worked over the past several years to update the hotel, motel, and lodging information on explorehoodcanal.com, staff and volunteers have become increasingly familiar with the locations, amenities, and pricing. In an effort to expand upon that knowledge, the Chamber continues to reach out to registered generators to verify their listings regularly. Informational publications are also sourced for each of the three VISITOR INFORMATION CENTERS, for the convenience of the traveling public. Restaurants From casual dining to fine Northwest cuisine, Mason County has it all! The Chamber keeps an updated list of current restaurants, as turnover is high in that industry, and distributes the list to visitor information centers as any changes are made. With the staff and volunteers living and/or working locally, they are uniquely qualified to answer questions about ambiance, pricing, menu, etc. Retail Boutique shops, antique stores, and general grocery are often sought after by visitors to the area. Retail locations, like all other tourist activities, are allocated space in all visitor center displays. Further, the Chamber makes visits to retailers and shares details about services or unique products with staff and volunteers. Again, with staff and volunteers being residents, they can provide visitors with personal referrals. The Chamber office will continue to review sales tax and/or other available reports, by industry. Recreation Our Visitor Information Centers are also kept up to date about recreational opportunities, often in conjunction with events or special activities. The Chamber provides an online community calendar which allows events of interest to be posted for public viewing. Information about various activities ranging from wine tasting and foodie events to skydiving and hiking are actively sought from area vendors and businesses. For those seeking outdoor adventures and recreation opportunities, volunteers utilize the explorehoodcanal.com along with their own experiences to recommend appropriate itineraries and excursions. All three of our Visitor Information Centers are stocked with current brochures and pamphlets which outline all of the above tourist activities. The Chamber prioritizes keeping communication open with tourism partners and with staff and volunteers. Page 8 of 70 2018 Lodging Tax Application—Visitor Information Services Budget Facility rent, maintenance, and operations are fixed costs. Allocating wage expenses ensures professional services are provided to meet the high expectations of the traveling public the majority. The majority of the wage expense funds a volunteer coordinator for the Hoodsport location, who is responsible for the oversight of the high volume sales location in addition to scheduling, maintenance, etc. 2017 Visitor Information Center Expenses Advertising $500.00 Supplies $1,500.00 Telephone $2,300.00 Postage $1,000.00 Association Fees & Education $250.00 Rent $13,800.00 Events & Programs $250.00 Utilities $2,200.00 Repairs & Maintenance $750.00 Computers &Technology $350.00 Tourism Mileage $500.00 Travel Expense $1,500.00 Training &Seminars $1,500.00 Wage Expense $50,150.00 Payroll Taxes $5,888.00 Medical Insurance Expense $1,620.00 Retirement Contributuion $1,505.00 Contract Labor $1,500.00 Total $87,063.00 The Chamber uses a "class" tracking system within its accounting software to record spending related to this contract and other grant funded programs. Additionally, an independent accountant reviews the Chamber's financials regularly, ensuring transparency and accuracy. Additional funding provides necessary supplies, inventory, volunteer training opportunities, etc. which ensure a quality visitor experience. Page 9 of 10 2018 Lodging Tax Application-Visitor Information Services Board of Trustee Resolution BOARD RUQLUTION OF THE SHELTON-M&5ON COUNTY QHAMBER OF COMMERCE The undersigned, being all the Trustees of the Shellon-Mason County Chamber of Commerce sign the following resolution: WHEREAS the mission of the Shelton-Mason County Chamber of Commerce is to encourage and maintain a vibrant business community, promote tourism,and facilitate economic development. THEREFORE the Board of Trustees provides the Executive Director authority to complete and submit appieation(s)for City of Shelton 2018 Lodging and Tax Fund Monies. Press t, John Lester Tru ee. Ju tin Baze - P Preside , Jennifer Owens Trustee,v arty Crow Pres' en Elect,Will Johnson Trustee, Ray Frederick y iar\_ Vice firesident, Karen Schade Trtistr. Jon Morris r Treasurer,Wes To c]T TruOe4a Julie Nichols Trust e, U50 Peng Trustee:) f S _ f Vus ee.Mark West Board Resolution June 27, 2017 Page 70 of 70 MASON COUNTY PROFESSIONAL SERVICES CONTRACT 2018 SHELTON-MASON COUNTY VISITOR INFORMATION CENTER SERVICES This contract is made and entered into by and between Mason County, hereinafter referred to as"COUNTY" and Shelton-Mason County Chamber of Commerce, hereinafter referred to as"CONTRACTOR." RECITALS: WHEREAS, COUNTY desires to retain a contractor to provide Visitor Information Center services in Mason County; and WHEREAS, CONTRACTOR warrants that it is qualified and competent to render the services. NOW, THEREFORE, for and in consideration of the contract made, and the payments to be made by COUNTY, the parties agree to the following: Special Conditions Funding Source: Lodging Tax Fund (#164) Invoices: CONTRACTOR shall invoice the COUNTY for Visitor Information Center services. Treatment of Assets. Ownership of all property/equipment purchased with lodging tax funds shall be owned by Mason County. The CONTRACTOR shall surrender to the COUNTY all property of the COUNTY within thirty days after termination or completion of this contract unless mutually agreed up on by the parties. A detailed inventory shall be maintained by the CONTRACTOR and reported to the COUNTY by December 31, 2018. Reporting Requirements: CONTRACTOR shall submit quarterly to the COUNTY a Visitor Information Services Progress Report that shall include but not be limited to the following information: Number of hours of operation for the quarter; number of visitors served in person, by phone and through mail and email communication; number of visitors served by location of origin; CHAMBER website traffic analysis, to include: page views and duration, new versus returning website visitors and number of links activated to www.explorehoodcanal.com. CONTRACTOR will fulfill reporting requirements as defined in Revised Code of Washington RCW 67.28.1816 (2)(c)(i). General Conditions Scope of Services: The CONTRACTOR agrees to provide to COUNTY the services as set forth in Exhibit A: Scope of Services during the CONTRACT period. No material, labor or facilities will be furnished by the COUNTY, unless otherwise provided for in the CONTRACT. Term: This is a one-year CONTRACT for the period of January 1, 2018 — December 31, 2018 with an option to renew for one additional year. 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. Compensation: Contract is$57,400. Accounting and Payment for CONTRACTOR Services: Payment to the CONTRACTOR for services rendered under this contract shall be in accordance with RCW 67.28.1816 and expensed as set forth in Exhibit B: Compensation. Repairs and maintenance are not an allowed expense. Invoices shall be submitted for services performed in accordance with Exhibit A. Acceptable invoices will be processed within 30 days of receipt. CONTRACTOR will notify COUNTY if Page 1 of 15 payment has not been received by the 21st day of the month. Should COUNTY fail to make payment within the 30 days, CONTRACTOR reserves the right to charge a late payment fee of up to five-percent (5%) of the invoice total. Taxes: CONTRACTOR understands and acknowledges that the COUNTY will not withhold Federal or State income taxes. Where required by State or Federal law, the CONTRACTOR authorizes the 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 the 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 the COUNTY does not hold title. COUNTY is exempt from Federal Excise Tax. 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 the 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 the 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 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. The 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 the contract under this clause. Labor Standards: CONTRACTOR agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis-Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and/or the State of Washington. 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. Page 2 of 15 CONTRACTOR acknowledges that the entire compensation for this contract is specified in Exhibit B 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 the COUNTY. The CONTRACTOR represents that he/she/it maintains a separate place of business, serves clients other than the 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 the 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. 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 the COUNTY. 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 the COUNTY at the present time or in the future. Conflict of Interest: If at any time prior to commencement of, or during the term of this contract, CONTRACTOR or any of its employees involved in the performance of this contract shall have or develop an interest in the subject matter of this contract that is potentially in conflict with the COUNTY's interest, then CONTRACTOR shall immediately notify COUNTY of the same. The notification of COUNTY shall be made with sufficient specificity to enable COUNTY to make an informed judgment as to whether or not COUNTY's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, COUNTY may require CONTRACTOR to take reasonable steps to remove the conflict of interest. COUNTY may also terminate this contract according to the provisions herein for termination. Non-Discrimination in Employment: COUNTY's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. CONTRACTOR shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which CONTRACTOR is governed by such laws, CONTRACTOR shall take affirmative action to insure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, CONTRACTOR shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. 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. Page 3of15 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 the 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 the COUNTY. 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 the 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 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: CONTRACTOR is required to provide insurance as detailed and stipulated in Exhibit C: Insurance Requirements. Page 4 of 15 Proof of Insurance: A certificate of insurance is attached hereto as Exhibit D: Certificate of Insurance. 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 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. Provider's initials acknowledging indemnity terms: 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 the 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. Page 5 of 15 Administration of Contract: COUNTY hereby appoints, and CONTRACTOR hereby accepts, the Mason County Administrative Services Manager and his or her designee, as COUNTY's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this contract, including COUNTY's right to receive and act on all reports and documents, and any auditing performed by the COUNTY related to this contract. The Administrative Officer for purposes of this contract is: Diane Zoren, Administrative Services Manager 411 North 5th Street Shelton, WA 98584 Telephone (360) 427-9670 ext. 747 dlz@co.mason.wa.us Contractor Contact Information: Shelton-Mason County Chamber of Commerce Heidi McCutcheon, Executive Director PO Box 2389 215 West Railroad Avenue Shelton, WA 98584 Telephone (360)426-2021 heidi6d�sheltonchamber.org 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. Notice to CONTRACTOR for all purposes under this contract shall be given to the address provided by CONTRACTOR herein above in the "Contractor Information" section. Notice may be given by delivery or by depositing in the U.S. mail. 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 and Exhibit B. 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 Page 6 of 15 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 project 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 and Exhibit B. Disputes: Differences between the CONTRACTOR and COUNTY, arising under and by virtue of the contract shall be brought to the attention of COUNTY at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. For objections that are not made in the manner specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. Notice of Potential Claims: 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 or COUNTY, or(2)the happening of any event or occurrence, unless 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 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. Detailed Claim: 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, 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. Page 7 of 15 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 in and for the County of Mason. Unless otherwise specified herein, this contract shall be governed by the laws of Mason County and the State of Washington. Severability: If any term or condition of this contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this contract are declared severable. Waiver: Waiver of any breach or condition of this contract shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this contract shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of COUNTY to insist upon strict performance of any of the covenants of this contract, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or contracts, but the same shall be and remain in full force and effect. Order of Precedence: A. Applicable federal, state and county statutes, regulations, policies, procedures, federal Office of Management and Budget(OMB) circulars and federal and state executive orders. B. Funding source agreement(s) including attachments C. Special Conditions D. General Conditions Entire Contract: This written contract, comprised of the Request for Proposals as published, Proposal as submitted, 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. Page 8 of 15 SHELTON-MASON COUNTY BOARD OF COUNTY COMMISSIONERS CHAMBER OF COMMERCE SHELTON,WA MASON COUNTY,WASHINGTON Heidi McCutcheon, Executive Director Kevin Shutty, Chair Dated: Dated: APPROVED AS TO FORM: Tim Whitehead, Chief DPA Page 9 of 15 EXHIBIT A SCOPE OF SERVICES 2018 SHELTON-MASON COUNTY CHAMBER OF COMMERCE VISITOR INFORMATION CENTER SERVICES Shelton-Mason County Chamber of Commerce called"CONTRACTOR"will be responsible for providing the following services as well as others as detailed throughout this CONTRACT. CONTRACTOR will provide the following VISITOR INFORMATION CENTER services: 1. Maintain and operate three visitor information services at the following locations: a. Hoodsport Visitor Information Center, 150 N. Lake Cushman Rd., Hoodsport, WA. Space dedicated to Visitor Information: 1,200 sq. ft. Hours of operation are 35 hours per regular week, typically Monday through Friday, 10:00 AM — 4:00 PM; Saturday 9:00 AM — 4:00 PM; and Sunday 12:00 PM —4:00 PM. b. Caboose #700 Railway Car, 230 W. Railroad Ave., Shelton, WA. Space dedicated to Visitor Information: 300 sq. ft. Hours of Operation are 40-45 hours per regular week, typically Monday through Friday, 8:00 AM — 5:00 PM; and Saturday 10:00 AM — 3:00 PM. c. Shelton Visitor Information, 215 W. Railroad Ave., Shelton, WA. Space dedicated to Visitor Information: 250 sq. ft. Hours of operation: 45 hours per regular week, typically Monday through Friday, 8:00 AM — 5:00 PM 2. Provide information and direct assistance to visitors requesting information about area events, parks, lodging, dining, retail and recreational services and opportunities available in Mason County. Assistance and information shall be provided to walk-in visitors and via telephone, mail or email/website inquiries. 3. Disseminate visitor information or relocation information materials via U.S. Priority Mail upon request. 4. Provide for sale U.S. Forest Service and National Park Service area maps, Washington State Parks Department Discover Passes at the Hoodsport Visitor Information Center. 5. Provide regular volunteer and staff training to maintain knowledge of parks and attractions, lodging opportunities and locations, area restaurants, recreational activities, special events and festivals and accurate information about required permits and passes for accessing recreational opportunities. 6. Provide updated information about area events, lodging, dining and recreational experience opportunities to County Tourism Marketing Contractor. 7. Provide quarterly reports that shall include but not be limited to the following information: • Number of hours of operation for the quarter • Number of visitors served in person, by phone and through mail and email communication. • Number of visitors served by location of origin, identified served per RCW 67.28.1816 2(c)(i) • Information provided in regards to Items 1-6, above. 8. • CONTRACTOR will fulfill reporting requirements as defined in Revised Code of Washington RCW 67.28.1816 (2)(c)(i). This information is due to the the COUNTY no later than February 15 following the end of contract year. Page 10 of 15 Page 11 of 15 EXHIBIT B COMPENSATION The following expenses, which are directly related to Visitor Information Center activities and reviewed by the Lodging Tax Advisory Committee, are allowed for Visitor Information Services: Advertising Supplies Telephone Postage Association Fees & Education Rent Events & Programs Utilities Computers &Technology Tourism Mileage Wage Expense Payroll Taxes Training & Seminars Contract Labor Travel Expense There shall be no payments made for repairs and maintenance, pursuant to RCW 67.28.1816. No work product will be produced with lodging tax funding. CONTRACTOR shall invoice the Visitor Information services in 12 monthly equal installments and invoices shall include at a minimum the following information: Date, Service Billed, Cost. Invoices for Visitor Information Services shall not exceed $57,400 unless additional awards are made. Page 12 of 15 EXHIBIT C INSURANCE REQUIREMENTS 1. MINIMUM Insurance Requirements: A. 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. B. Workers' Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident for all covered losses. C. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including owned, non-owned and hired autos, or the exact equivalent. Limits shall be no less than $1,000,000 per accident, combined single limit. If CONTRACTOR owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If CONTRACTOR or CONTRACTOR's employees will use personal autos in any way on this project, CONTRACTOR shall obtain evidence of personal auto liability coverage for each such person. D. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Such policy or policies shall include as insureds those covered by the underlying policies, including additional insureds. Coverage shall be "pay on behalf', with defense costs payable in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to COUNTY for injury to employees of CONTRACTOR r, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval of COUNTY following receipt of proof of insurance as required herein. 2. Certificate of Insurance: A certificate of insurance is attached hereto as "Exhibit D Certificate of Insurance." 3. Basic Stipulations: A. 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. [If this is a construction contract, ISO endorsement 20 37 also is required.] 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. B. 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. C. 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. D. 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. E. Proof of compliance with these insurance requirements, consisting of endorsements and certificates of insurance shall be delivered to COUNTY prior to the execution of this CONTRACT. If such proof of insurance is not delivered as required, or if such insurance is canceled at any time and no replacement coverage is provided, COUNTY has the right, but not the duty, to obtain any insurance it deems necessary to Page 13 of 15 protect its interests. Any premium so paid by COUNTY shall be charged to and promptly paid by CONTRACTOR or deducted from sums due CONTRACTOR. F. 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. G. 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. H. 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. Page 14 of 15 EXHIBIT D CERTIFICATE OF INSURANCE (Placeholder) Page 15 of 15 LTAC — North Mason Chamber 2018 Proposal and Contract NORTH MASON loc—HAMBER BELFAIR LICENSING I VISITOR CENTER l� 2018 Mason County Lodging Tax Funding Visitor Information Center (VIC) Proposal — Belfair and Union NORTH MASON CHAMBER OF COMMERCE 30 NE Romance Hill Rd, Ste 103; PO Box 416 Belfair, WA 98584 PARKiNG r- WHAT'S NEW? Our new HWY 3 will be completed in mid-August, enabling us to properly welcome visitors to our area! Ribbon Cutting is August 17 1. CONTACT INFORMATION Contact Name: Stephanie Rowland President & CEO Phone/email: (360) 275-4267; srowland@northmasonchamber.com Federal Tax ID: 91-0951556; Non-profit 50106 Proposed Amount: $40,700 2017: $40,700 2014 - 2016: $40,000 1 2. DETAILED DESCRIPTION OF LOCATIONS LOCATION #1: Belfair Square Footage: Three offices in one—VIC, Chamber and Belfair Licensing- 1,620 total square footage Dedicated VIC—810 square feet Hours of Operation: Monday through Friday, 9 a.m. to 5 p.m. and Saturday, 9 a.m. to 1 p.m. _ k 't r, Located on busy Highway 3 in the heart of Belfair (next to Harrison Medical Center), our prime location serves as the gateway to the Olympic Peninsula for those traveling both from the North and the South. We are within blocks of the plentiful services and businesses Belfair has to offer,just 4 miles from Allyn, and only a mile from the entry highways to both South and North shores of Hood Canal. Our state-of-the-art, accessible facility offers plenty of parking and a clean and professional office environment—the perfect setting for welcoming visitors, whether traveling by motorcycle, bicycle or RVs. Our visitors enjoy clean and secure restrooms (with entrance inside the building) and a private conference room, which provides welcome comfort to those who need added assistance or a place to sit down with maps and directories to plan their itineraries. After hours on Saturday, we roll out our Visitor Kiosk, which stays in place through the rest of the weekend. 2 Dedicated staff: Our entire staff(4 full-time, one part-time) welcomes visitors, answers inquiries, provides directions and assists with our overall tourism efforts by phone and in person six days a week, all year long. We house three offices in one-the Chamber,the VIC and Belfair Licensing, a wholly owned subsidiary of the Chamber, and sub-agent of the Washington State Dept. of Licensing. We serve as a well-known clearinghouse of information for both tourism and our local communities, county and state. In 2015, we sold 965 Discover passes, 560 hunting licenses, 1,800 fishing licenses, 20,773 vehicle and 1,437 vessel license tabs. In addition, we sold 1,358 shellfish licenses and 10 national park passes. These services alone represent 26,933 transactions in one year. Our numbers were up in 2016—we served 32,374. See below. (Note:these figures do not include other services Belfair Licensing provides, such as marriage licenses and notary services, nor does it include the number of guests that accompanied each customer,or those specifically going into our dedicated VIC area.) VISITORS SERVED IN PERSON/BELFAIR LICENSING OFFICE* Transactions 2015 2016 First Quarter 5,488 5,684 Second Quarter 9,592 9,980 Third Quarter 7,257 10,146 Fourth Quarter 4,596 6,564 TOTAL 26,933 32,374 First Quarter 2016 Second Quarter 2016 Third Quarter 2016 Fourth Quarter 2016 Vehicles 5,110 6,036 7,995 combined with vessels" Vessels 78 855 1,025 6,013 Hunting 49 235 154 381 Fishing 249 1,887 518 combined with shellfish" Shellfish 44 588 234 137 Discover pass/yearly 134 361 206 28 Discover pass/daily 10 14 9 3 National park pass/year 10 4 3 0 National park pass/day 0 2 2 5,684 9,980 10,146 6,564 *We offer VICservices in Belfair Licensing,a wholly owned subsidiary of the Chamber. Visitors can choose from o full array of brochures, maps and other tourism materials—as they can in our VIC lobby office, which has a separate entrance.Both offices are staffed full time —4.5 employees in total. "New state computer system will not let us break out vehicles from vessels and fishing from shellfish;they are now combined. 3 LOCATION #2: Union Square Footage: One freestanding building, 10 ft. x 10 ft., located at Hunter Farms. Hours of Operation: May through October—open 7 days a week, 9am-6pm. The VIC is staffed Friday through Sunday, noon to 5pm. When not staffed,the door is left open; visitors are welcome to stroll through the brochures, etc., and sign in. The building is also kept open February through December. E 6 P NION r ' r ` s q{ 4 i� f New in 2016,the North Mason Chamber of Commerce began managing the Union Visitor Information Center, subsequent to the dissolution of the Union Tourism Association, which initially managed the facility. The building has been generously provided by Hunter Farms since 2015, and is located on their property, where thousands of people visit annually. In 2015, the VIC hosted 631 visitors May through October. In 2016—702. These people were personally welcomed by VIC host Nancy Johnson (former president of the Union Tourism Association. A local herself, Nancy is well-known for her passion for tourism and is extremely knowledgeable about tourism throughout the area. She is also assisted by volunteers. We changed Nancy's position to paid staff effective in 2016. Nancy works directly with our Chamber in offering the same level of service and marketing materials at this center that are offered at our Belfair VIC. Please note photo on right: Nancy has recently designed a historical photo exhibit covering one wall of the center, adding additional information about Union and its surrounding communities. 4 3. STATEMENT OF QUALIFICATIONS We are uniquely positioned to serve a vast audience at this location. In addition to our years of experience as a LTAC Mason County VIC (since 2008), our 4.5 employees are all from this area, and are able to offer assistance based on their personal experience. The knowledge necessary to operate Belfair Licensing also lends itself to visitor information; e.g., our staff is proficient in all things hunting, fishing, shellfish, Discover passes, national park passes, and more—such as vehicle and vessel licensing which also comes in handy when it comes to those visiting our area. In addition, we have experience in the following areas: 1. Providing expert personal,telephone and computer assistance in answering questions, providing recommendations, giving directions and contact information on everything from festivals and events to locations of parks, businesses, highways, helping educate guests about our area and its abundant resources, attractions and recreational activities. 2. Securing and utilizing a wide variety of printed materials including maps, pamphlets, ferry schedules and business brochures. 3. Assisting visitors with immediate computer searches for further information and access to our Mason County tourism website www.ExploreHoodCanal.com. 4. Helping our visitors locate businesses and contacts for local services and businesses through both our Chamber and the Shelton-Mason County Chamber of Commerce. 5. Communicating VIC information through Chamber communication tools, including email newsletters, handouts, website, and more, include responding to requests for information through our ChamberMaster/website connection, which enables visitors to our site to request maps, brochures, etc. via one-on-one email through our office. 6. Ability to deliver maps and needed tourism brochures to local organizations, parks or business for distribution to the public, such as the North Precinct of the Mason County Sheriff's Office. 7. Network of community leaders and volunteers. Our Chamber is considered a "hub" of communication. In addition to our membership (320 members strong), the community looks to us for information on everything from the Hwy 3 road widening project to inquiring whether the beaches are open for harvesting oysters. We live here. We work here. And we all love it here. That's what makes our community strong. 8. Chamber President &CEO has extensive hotel, marketing and communication experience in several areas, including group and corporate sales, convention services, guest services, and meeting management. She has worked for companies such as Sheraton, Weyerhaeuser, State Employees Credit Union, KING-TV, KXLY-TV and the Kitsap Sun. She holds a certification in International Business Etiquette from the Protocol School of Washington, D.C. She is a speaker in matters of customer service, professional etiquette, and server training. Our Trustees and Members of our Chamber are active community leaders who also serve as important ambassadors for our area with regard to tourism and economic development. Our Trustees represent our membership serving two-year terms. Please see page 5 of the attached Visitor Guide for a complete listing. 5 4. STRATEGY FOR MAINTAINING FAMILIARIZATION with parks, lodging, dining, retail, recreational amenities, events, and more Our training for maintaining a high level of knowledge with regard to visitor information is ONGOING and is considered part of everyone's job. Information is shared as soon as it becomes available. Our entire staff of 4.5 employees is required to know how to access information —from general web searches to www.explorehoodcanal.com, www.northmasonchamber.com, all state and park information, etc. Inherent in the role of a chamber of commerce is keeping abreast of local resources, from business to recreation. In fact, as a Chamber and VIC, we are usually the "first call" for information, making it critical for us to stay current with what's happening in the community. -As many of our visitors are specifically interested in festivals and events, we pride ourselves on keeping up-to-date. We list the events on our website, and promote them on both our weekly e-newsletter and reader board on Hwy 3. We provide information about such events to our Mason County tourism advertising agency, Blue Collar Agency, for use on www.explorehoodcanal.com. We seek information from Chamber members and the community through networking both within and outside of Chamber activities. As host of the VIC, local businesses and organizations are invited and encouraged to communicate with the Chamber as well, providing current information on events, sites, accommodations, recreation, attractions, etc., for dissemination through both Chamber network/communications and the VIC itself. Event planners as well as local businesses are invited to display posters and flyers in both our VIC and Belfair Licensing (bulletin boards and handouts). 5. DETAILED BUDGET FOR PROVIDING VISITOR INFORMATION LOCATIONS AND SERVICES Utilities (electricity/gas/sewer) $ 1,026 Computer/technology 1,000 Union data plan (wi-fi @ $25/mo. for 6 mos.) 150 Copies/printing/advertising (part of Mason Co. padded map; Union VIC banners, packets, etc.) 1,500 Postage 1,000 Rent (1/3 of general budget) 10,400 Telephone/Internet (25% of general budget) 1,050 Tourism mileage (including travel to Union) 900 Wage expense — Belfair 20,000* Wage expense — Union 4,860* Total $41,886 REQUEST SAME AS 2017 - $40,700 *does not include payroll taxes 6 6. MEASURES TO ASSESS IMPACT OF CONTRACT PERFORMANCE - MEASURE ECONOMIC IMPACTS TO AREA BUSINESSES AND REPORTING PROCEDURE The Chamber has several systems in place to track visitor information and analyze the services we provide. With regard to measuring economic impact, many of our visitors, both inhouse and over the phone, have questions about our local businesses; i.e., retail shops, services, etc., as well as vacation information. We see many people who are planning to move here as well as job seekers. Often those who come here for business ask questions about tourism, and those who are here on vacation seek information on moving here. We also refer requests regarding new businesses to the Economic Development Council of Mason County, who we work with on a county-wide Business Builder Course for entrepreneurs. We partner with the EDC, WSU, Enterprise for Equity, and of course, Mason County. While it is difficult to measure exactly how our services impact our local economy, we view every customer/visitor encounter as an opportunity to contribute to our local economy. Once visitors see how many services our small community offers, it inevitably helps with the overall positive impression possible investors and future citizens experience. We pride ourselves on exposing/promoting as many of these businesses and services as possible through all three of our offices— Chamber, VIC and Belfair Licensing. Staff Hours— In Belfair, we are staffed Monday through Friday, 9-5, and Saturday, 10-1, for a total of 44 hours a week. Our staff includes 4 full-time and 1 part-time employee. In Union, the VIC is open 7 days a week May through October, staffed Friday through Sunday, 12-5, for a total of 15 hours. Visitors are welcome all 7 days. Phone, email, packets,walk-in traffic—Are all tracked manually daily, including home city and state and reported to LTAC and the Mason County Commissioners quarterly. Website—Our website also tracks web traffic including data for page views, duration, new v. returning visitors, geography, international visitors, and more. Belfair Licensing- In addition, traffic is calculated by transaction in our Belfair Licensing office, which is part of the Chamber and VIC. It offers a unique opportunity for us to promote county-wide tourism and business referrals daily. While not every individual customer requests tourism information personally, often the people accompanying them do. In Belfair Licensing, which also serves as VIC—In 2015,we served 26,933 customers, and in 2016, we served 32,374. Through June, 2017 we have already served 15,368. Dept. of Revenue Rooms Report: We also review the Department of Revenue's Rooms Report on a monthly basis to measure the status of lodging facilities county-wide. On behalf of our Board of Directors, many thanks for the opportunity to apply for this tourism grant again. We are proud to represent our communities, and look forward to the year ahead. With the completion of Hwy 3, we are already seeing new businesses come to Belfair and Allyn. It is an exciting time for all of us. Sinc , Stephanie Ro and, President& CEO North Mason Chamber of Commerce 7 MASON COUNTY PROFESSIONAL SERVICES CONTRACT 2018 NORTH MASON CHAMBER OF COMMERCE VISITOR INFORMATION CENTER SERVICES THIS CONTRACT is made and entered into by and between Mason County, hereinafter referred to as "COUNTY"and North Mason Chamber of Commerce, hereinafter referred to as"CONTRACTOR." RECITALS: WHEREAS, COUNTY desires to retain a person or firm to provide the following service: Visitor Information Center services in Mason County; and WHEREAS, CONTRACTOR warrants that it is qualified and competent to render the services. NOW,THEREFORE, for and in consideration of the CONTRACT made, and the payments to be made by COUNTY, the parties agree to the following: Special Conditions Funding Source: Lodging Tax Fund (#164) Invoices:CONTRACTOR shall invoice the Visitor Information Center services. Treatment of Assets. Ownership of all property/equipment purchased with lodging tax funds shall be owned by Mason County. The CONTRACTOR shall surrender to the COUNTY all property of the COUNTY within thirty days after termination or completion of this Contract unless mutually agreed up on by the parties. A detailed inventory shall be maintained by the CONTRACTOR and reported to the County by December 31, 2018. Reporting Requirements: CONTRACTOR shall submit quarterly to the COUNTY a Visitor Information Services Progress Report that shall include but not be limited to the following information: Number of hours of operation for the quarter; Number of visitors served in person, by phone and through mail and email communication; Number of visitors served by location of origin; CHAMBER website traffic analysis, to include: Page views and duration, new versus returning website visitors and number of links activated to www.explorehoodcanal.com. CONTRACTOR will fulfill reporting requirements as defined in Revised Code of Washington RCW 67.28.1816 (2)(c)(i). General Conditions Scope of Services: The CONTRACTOR agrees to provide to 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 the COUNTY, unless otherwise provided for in the CONTRACT. Term: This a one-year CONTRACT for the period of January 1, 2018—December 31, 2018 with an option to renew for one additional year. 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. Compensation: CONTRACT is$33,500. Accounting and Payment for CONTRACTOR Services: Payment to the CONTRACTOR for services rendered under this CONTRACT shall be in accordance with RCW 67.28.1816 and set forth in"Exhibit B Compensation". Invoices shall be submitted for services performed in accordance with the Scope of Work. Acceptable invoices will be processed within 30 days of receipt. C:\Users\Stephanie Rowland\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\R8URE7A7\MASON COUNTY-North Mason COC contract for VIC.docx Page 1 of 14 Unless specifically stated in Exhibit"B"or approved in writing in advance by the official executing this CONTRACT for the COUNTY or his designee (hereinafter referred to as the"Administrative Officer")the COUNTY will not reimburse the CONTRACTOR for any costs or expenses incurred by the CONTRACTOR in the performance of this CONTRACT. The COUNTY or his designee(hereinafter referred to as the"Administrative Officer")will reimburse the CONTRACTOR for any costs or expenses incurred by the CONTRACTOR in the performance of this CONTRACT. Taxes: CONTRACTOR understands and acknowledges that the COUNTY will not withhold Federal or State income taxes. Where required by State or Federal law, the CONTRACTOR authorizes the 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 the 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 the COUNTY does not hold title. COUNTY is exempt from Federal Excise Tax. 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 the 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 the 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 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. The 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 the COUNTY under this clause. Labor Standards: CONTRACTOR agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis-Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and/or the State of Washington. C:\Users\Stephanie RowlandWppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\R8URE7A7\MASON COUNTY-North Mason COC contract for VIC.docx Page 2 of 14 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" 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 the COUNTY. The CONTRACTOR represents that he/she/it maintains a separate place of business, serves clients other than the 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 the 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. 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 the COUNTY. 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 the COUNTY at the present time or in the future. Conflict of Interest: If at any time prior to commencement of, or during the term of this CONTRACT, CONTRACTOR or any of its employees involved in the performance of this CONTRACT shall have or develop an interest in the subject matter of this CONTRACT that is potentially in conflict with the COUNTY's interest, then CONTRACTOR shall immediately notify COUNTY of the same. The notification of COUNTY shall be made with sufficient specificity to enable COUNTY to make an informed judgment as to whether or not COUNTY's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, COUNTY may require CONTRACTOR to take reasonable steps to remove the conflict of interest. COUNTY may also terminate this CONTRACT according to the provisions herein for termination. Non-Discrimination in Employment: COUNTY's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. CONTRACTOR shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race,color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which CONTRACTOR is governed by such laws, CONTRACTOR shall take affirmative action to insure that applicants are employed, and treated during employment,without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other C:\Users\Stephanie Rowland\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\R8URE7A7\MASON COUNTY-North Mason COC contract for VIC.docx Page 3 of 14 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 the 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 the COUNTY. Ownership of Items Produced: All writings, programs, data, public records or other materials prepared by CONTRACTOR and/or its consultants or sub-contractors, in connection with performance of this CONTRACT, shall be the sole and absolute property of COUNTY. Work Product: CONTRACTOR will provide COUNTY with all work product and source documents used and/or produced by the CONTRACTOR including plans, data, maps(digital and paper), reports, photos, videos, marketing media, client e-mails, access to analytical accounts, and art work within 30 days after termination or completion of this CONTRACT unless mutually agreed up on by the parties. All work product shall belong to the COUNTY. 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 the 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, C:\Users\Stephanie Rowland\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\R8URE7A7\MASON COUNTY-North Mason COC contract for VIC.docx Page 4 of 14 settlements,judgments, setoffs, attorneys'fees and costs resulting from CONTRACTOR's breach of this provision. Right to Review: This CONTRACT is subject to review by any Federal, State or COUNTY auditor. COUNTY or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by COUNTY's Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on-site inspection by COUNTY agents or employees, inspection of all records or other materials which COUNTY deems pertinent to the CONTRACT and its performance, and any and all communications with or evaluations by service recipients under this CONTRACT. CONTRACTOR shall preserve and maintain all financial records and records relating to the performance of work under this CONTRACT for six(6)years after CONTRACT termination, and shall make them available for such review,within Mason County, State of Washington, upon request. CONTRACTOR also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this CONTRACT. If no advance notice is given to CONTRACTOR, then CONTRACTOR agrees to notify the Administrative Officer as soon as it is practical. Insurance Requirements: CONTRACTOR is required to provide insurance as detailed and stipulated in"EXHIBIT C Insurance Requirements." Proof of Insurance: A certificate of insurance is attached hereto as"Exhibit D Certificate of Insurance." 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 C:\Users\Stephanie Rowland\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\R8URE7A7\MASON COUNTY-North Mason COC contract for VIC.docx Page 5 of 14 the CONTRACTOR shall not be limited in any way by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and the CONTRACTOR hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of the CONTRACTOR are a material inducement to COUNTY to enter into this CONTRACT, are reflected in CONTRACTOR's compensation, and have been mutually negotiated by the parties. Provider's initials acknowledging indemnity terms: 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 the COUNTY on a basis equal to or exceeding CONTRACTOR's indemnity obligations to COUNTY. E-Verify: The E-Verify contractor program for Mason County applies to contracts of$100,000 or more and subcontracts for$25,000 or more if the primary contract is for$100,000 or more. CONTRACTOR represents and warrants that it will,for at least the duration of this CONTRACT, register and participate in the status verification system for all newly hired employees. The term"employee"as used herein means any person that is hired to perform work for Mason County. As used herein, "status verification system"means the Illegal Immigration Reform and Immigration Responsibility Act of 1996 that is operated by the United States Department of Homeland Security, also known as the E-Verify Program, or any other successor electronic verification system replacing the E-Verify Program. CONTRACTOR agrees to maintain records of such compliance and, upon request of the COUNTY,to provide a copy of each such verification to the COUNTY. CONTRACTOR further represents and warrants that any person assigned to perform services hereunder meets the employment eligibility requirements of all immigration laws of the State of Washington. CONTRACTOR understands and agrees that any breach of these warranties may subject CONTRACTOR to the following: (a)termination of this CONTRACT and ineligibility for any Mason County Contract for up to three(3)years,with notice of such cancellation/termination being made public. In the event of such termination/cancellation, CONTRACTOR would also be liable for any additional costs incurred by the COUNTY due to contract cancellation or loss of license or permit." CONTRACTOR will review and enroll in the E-Verify program through this website:www.uscis.gov 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 Administrative Services Manager and his or her designee, as COUNTY's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this CONTRACT, including COUNTY's right to receive and act on all reports and documents, and any auditing performed by the COUNTY related to this CONTRACT. The Administrative Officer for purposes of this CONTRACT is: Diane Zoren, Administrative Services Manager 411 North 51"Street Shelton,WA 98584 Telephone(360)427-9670 ext. 747 C:\Users\Stephanie Rowland\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\R8URE7A7\MASON COUNTY-North Mason COC contract for VIC.docx Page 6 of 14 i a 6 I dlz@co.mason.wa.us Contractor Contact Information: North Mason County Chamber of Commerce Stephanie Rowland, Executive Director 30 NE Romance Hill Rd, Suite 103, PO Box 416 Belfair,WA 98528 (360)275-4267; srowlandCd north masoncham ber.com Notice: Except as set forth elsewhere in the CONTRACT, for all purposes under this CONTRACT except service of i process, notice shall be given by CONTRACTOR to COUNTY's Administrative Officer under this CONTRACT. Notice to CONTRACTOR for all purposes under this CONTRACT shall be given to the address provided by CONTRACTOR herein above in the"Contractor Information"section. Notice may be i given by delivery or by depositing in the U.S. mail. 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,whetherfor default or convenience, shall not constitute breach of CONTRACT by COUNTY. Termination for Reduced Funding: i 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 project 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. C:\Users\Stephanie Rowland\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.0utlook\R8URE7A7\MASON COUNTY-North Mason COC contract for VIC.docx Page 7 of 14 i i i Disputes: Differences between CONTRACTOR and COUNTY, arising under and by virtue of the CONTRACT Documents, 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. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. Notice of Potential Claims: 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 or COUNTY, or(2)the happening of any event or occurrence, unless 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 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. Detailed Claim: 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, 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. 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 in and for the County of Mason. Unless otherwise specified herein, this CONTRACT shall be governed by the laws of Mason County and the State of Washington. Severability: If any term or condition of this CONTRACT or the application thereof to any person(s)or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect C:\Users\Stephanie Rowland\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\R8URE7A7\MASON COUNTY-North Mason COC contract for VIC.docx Page 8 of 14 without the invalid term, condition or application. To this end, the terms and conditions of this CONTRACT are declared severable. Waiver: Waiver of any breach or condition of this CONTRACT shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this CONTRACT shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of COUNTY to insist upon strict performance of any of the covenants of this CONTRACT, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or.relinquishment of any such, or any other covenants or contracts, but the same shall be and remain in full force and effect. Order of Precedence: A.Applicable federal, state and county statutes, regulations, policies, procedures, federal Office of Management and Budget(OMB) circulars and federal and state executive orders. B. Funding source agreement(s) including attachments C. Special Conditions D. General Conditions Entire Contract: This written CONTRACT, comprised of the Request for Proposals as published, Proposal as submitted, 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. NORTH MASON COUNTY BOARD OF COUNTY COMMISSIONERS CHAMBER OF COMMERCE SHE N,WA MASON COUNTY,WASHINGTON Stephanie Rowland, Executive Dir ctor Kevin S u Chair y, Dated: 1J 17-1 Dated: APPROVED AS TO FORM: Whitehead, Chief DPA C:\Users\Stephanie Rowland\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\R8URE7A7\MASON COUNTY-North Mason COC contract for VIC.docx Page 9 of 14 EXHIBIT A SCOPE OF SERVICES 2017 NORTH MASON COUNTY CHAMBER OF COMMERCE VISITOR INFORMATION CENTER SERVICES North Mason County Chamber of Commerce called"CONTRACTOR"will be responsible for providing the following services as well as others as detailed throughout this CONTRACT. CONTRACTOR will provide the following VISITOR INFORMATION CENTER services: 1. Maintain and operate visitor information services at the following locations: 30 NE Romance Hill Road, Belfair, WA. Space dedicated to Visitor Information, 810. Hours of operation are 44 hours per regular week, typically Monday—Friday 9:00 AM—5:00 PM; Saturday 9:00 AM— 1:00 PM and Union @ Hunter Farms, one 10 x 10 building. Hours of operation are Friday and Saturday, 11 am.— 6 p.m.; Sunday, noon to 5 p.m. May through October. 2. Provide information and direct assistance to visitors requesting information about area events, parks, lodging, dining, retail and recreational services and opportunities available in Mason County. Assistance and information shall be provided to walk-in visitors and via telephone, mail or email/website inquiries. 3. Disseminate visitor information or relocation information materials via U.S. Priority Mail upon request. 4. Provide for sale U.S. Forest Service and National Park Service area maps,Washington State Parks Department Discover Passes in the North Mason Chamber of Commerce/Belfair Licensing Visitor Information Center. 5. Provide regular volunteer and staff training to maintain knowledge of parks and attractions, lodging opportunities and locations, area restaurants, recreational-activities, special events and festivals and accurate information about required permits and passes for accessing recreational opportunities. 6. Provide updated information about area events, lodging, dining and recreational experience opportunities to County Tourism Marketing Contractor for inclusion on www.explorehoodcanal.com. 7. Provide quarterly reports that shall include but not be limited to the following information: • Number of hours of operation for the quarter • Number of visitors served in person, by phone and through mail and email communication. • Number of visitors served by location of origin, identified served per RCW 67.28.1816 2(c)(i) • Information and web content information provided in item(6)of Scope of Work. • CONTRACTOR will fulfill reporting requirements as defined in Revised Code of Washington RCW 67.28.1816(2)(c)(i). This information is due to the the COUNTY no later than February 15 following the end of contract year. C:\Users\Stephanie Rowl and\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\R8URE7A7\MASON COUNTY-North Mason COC contract for VIC.docx Page 10 of 14 EXHIBIT B COMPENSATION The following costs,which are directly related to Visitor Information Center activities, are allowed for Visitor Information Services: Advertising Supplies Telephone Postage Association Fees& Education Rent Events &Programs Utilities Computers&Technology Tourism Mileage Wage Expense Payroll Taxes Training & Seminars Contract Labor Travel Expense There shall be no payments made for repairs and maintenance. CONTRACTOR shall invoice the Visitor Information services and invoices shall include at a minimum the following information: Date, Service Billed, Cost. Invoices for Visitor Information Services shall not exceed$33,500 unless additional awards are made. C:1Users\Stephanie Rowland\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\R8URE7A7\MASON COUNTY-North Mason COC contract for VIC.docx Page 11 of 14 EXHIBIT C INSURANCE REQUIREMENTS 1. MINIMUM Insurance Requirements: A. 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. B. Workers'Compensation on a state-approved policy form providing statutory benefits as required by law with employers liability limits no less than $1,000,000 per accident for all covered losses. C. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including owned, non-owned and hired autos, or the exact equivalent. Limits shall be no less than $1,000,000 per accident, combined single limit. If CONTRACTOR owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If CONTRACTOR or CONTRACTOR's employees will use personal autos in any way on this project, CONTRACTOR shall obtain evidence of personal auto liability coverage for each such person. D. Excess or Umbrella Liability Insurance(Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Such policy or policies shall include as insureds those covered by the underlying policies, including additional insureds. Coverage shall be"pay on behalf',with defense costs payable in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to COUNTY for injury to employees of CONTRACTOR r, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval of COUNTY following receipt of proof of insurance as required herein. 2.Certificate of Insurance: A certificate of insurance is attached hereto as"Exhibit D Certificate of Insurance." 3. Basic Stipulations: A. 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. [If this is a construction contract, ISO endorsement 20 37 also is required.] 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. B. 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. C. 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. D. 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. E. Proof of compliance with these insurance requirements, consisting of endorsements and certificates of insurance shall be delivered to COUNTY prior to the execution of this CONTRACT. If such proof of insurance is not delivered as required, or if such insurance is canceled at any time and no replacement coverage is provided, COUNTY has the right, but not the duty, to obtain any insurance it deems necessary to C:\Users\Stephanie Rowland\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\R8URE7A7\MASON COUNTY-North Mason COC contract for VIC.docx Page 12 of 14 protect its interests.Any premium so paid by COUNTY shall be charged to and promptly paid by CONTRACTOR or deducted from sums due CONTRACTOk. F. 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. G. 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. H. 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. C:\Users\Stephanie Rowland\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\R8URE7A7\MASON COUNTY-North Mason COC contract for VIC.docx Page 13 of 14 EXHIBIT D CERTIFICATE OF INSURANCE (Placeholder) C:1Users\Stephanie Rowland\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\R8URE7A7\MASON COUNTY-North Mason COC contract for VIC.docx Page 14 of 14 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Dawn Twiddy DEPARTMENT: Support Services EXT:422 BRIEFING DATE: November 5,2018 PREVIOUS BRIEFING DATES: ITEM: Review of new WA Paid Family & Medical Leave, RCW 50A.04.005-.900 and WAC 192-500 (still in development). EXECUTIVE SUMMARY:WA Paid Family& Medical Leave will provide partial wage replacement while an employee is on leave for covered family and medical reasons. January 1, 2019 employees and employers will be required to collect and remit premiums. January 1, 2020 employees will be able to access partial wage replacement benefit. This will be under the purview of Employment Security and benefits paid treated much like unemployment benefits. Requirements:All employees, including exempt are covered, must have worked at least 820 hours for any covered employer during the qualifying period. Employees who do not meet FMLA eligibility requirements can get compensation benefit, but not necessarily job protection. When an employee is absent for more than seven consecutive days for a covered reason, employer must provide notice of rights within five business days. If a Collective Bargaining Agreement(CBA)was in effect on October 19, 2017,and has remained in effect since that date, none of the rights or responsibilities under new law apply until the CBA expires or is reopened for negotiation. If opened for Janus or for any other reason the WA Paid Family & Medical Leave must be also negotiated. Financial Impact:The premium rate is 0.4 percent of wages up to the Social Security cap of$128,400 for 2019. • 1/3 is for family leave benefits, 100%of which can be deducted from the employee's wages. • 2/3 is for medical leave benefits, 45% of which can be deducted from the employee's wages and the employer pays 55%. • Employer may elect to cover all or part of the employee's share. Sample math: Employer's responsibility is 37%of the premium. For a$50,000 salary: • Total annual premium:$200($50,000 X.004) • Employer share:$73.34($200 X.3667) • Employee share:$126.66($200 X.6333) Based on 2018 Current Expense wages the Employer's responsibility is estimated to be$ Based on 2018 Current Expense wages the Employees responsibility is estimated to be$ Based on 2018 Special Fund wages the Employer's responsibility is estimated to be$ Based on 2018 Special Fund wages the Employees responsibility is estimated to be$ k:\cmmr cover sheets\briefmg cover-wa paid family&medical leave 11052018.doc MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Dawn Twiddy DEPARTMENT: Support Services EXT: 422 BRIEFING DATE: November 5, 2018 PREVIOUS BRIEFING DATES: ITEM: Take-Home Vehicle assignment approval by Board of County Commissioners for the following individuals:Jerry Hauth, Allan Eaton, Bob Pearson, Brenen Profitt, Grant Dishon, Michael Leeberg, and Cindy Brewer. EXECUTIVE SUMMARY:Take-Home Vehicles are only to be assigned to those meeting the IRS requirements of Qualified Non-personal Use Vehicles as identified in Publication 5137, or meet the Emergency Response, Specialized Equipment, or Economic Benefit as defined by IRS and outlined in the Mason County Personnel Policy, Chapter 13, Vehicle Use Policy. RECOMMENDED OR REQUESTED ACTION: Request to place on the November 13,2018 Consent Agenda consideration of seven Vehicle Take-Home Assignment Authorization Request Forms for the calendar year 2019. ATTACHMENTS: Seven Vehicle Take-Home Assignment Authorization Request Forms k:\cmmr cover sheets\briefing cover-vehicle take-home autorization req forms 11052018.doc Vehicle Take-Home Assignment Authorization Request for 2019 First Name Jerry Allan Bob Brenen Grant Michael Cindy Last Name Hauth Eaton Pearson Profitt Dishon Leeberg Brewer Munis Employee Number 1658 1129 1306 1569 1117 1541 1051 Position Director Manager Supervisor Supervisor Supervisor Foreman Evidence Department Roads Roads Roads Roads roads Sign Shop MCSO Vehicle# 106 180 182 190 181 255 157 Vehicle Make Ford Ford Ford Ford Ford Ford Ford Vehicle Model Explorer 1/2 Ton F150 F150 F150 F150 F150 Current Odometer Reading 8318 29600 80822 60210 39865 116501 51886 Date of Current Odometer 10/10/2018 10/10/2018 10/10/2018 10/10/2018 4/11/2018 10/10/2018 10/18/2018 COMM Miles 80 11.76 17.1 7.6 3.6 17.2 2.4 Daily Business Miles 10 Variable 120 100 100 Variable 50 Number of Emergency Call Outs April 1-Sept 30 0 10 Number of Emergency Call Outs October 1- March 31 0 Unknown Vehicle Value Lease Value Days per year Days in 2018 Starting 5/1/18 0 0 0 0 0 0 0 Commute Trips 0 0 0 0 0 0 Comm Miles per yr Total Mi/YR - Business Use 0% $ Business Use Lease Value $ - Assesed Lease Value $ - Gas Assessment @ .54 $ - Lessor $ - $ _ $ _ $ _ $ _ $ _ $ _ Monthly Rate $ - $ - $ _ $ _ $ _ $ _ $ _ Pay Period Rate $ - $ - $ _ $ _ $ _ $ - $ _ ............ 154 Ford Explorer 2014 WA A7024C Gaynor 155 Ford Explorer 2014 WA A7025C 157 Ford F150 2014 W A8618C Brewer 159 Ford 4WD Explorer 2011 WAAFX4612 Dracobly 160 Ford Explorer 4W 2011 WA 97186C Sheriff 161 Ford F150 2011 WA 97190C Severance 162 Ford F150 2011 WA98311C Boating 164 Ford F150 2016 WA B2732C Mondry 166 Ford Explorer 2014 WA A7026C Dugan 168 Ford Explorer 2015 WA B1279C Castillo 170 Ford 4x4 2001 WA 54651 C Dually 174 Ford Explorer 2015 WA B1277C Leitgeb 175 Ford F150 2015 WA B1278C Brock 208 Dodge Ram, Pick up 2017 B9356C Jail Spares 18 Chevrolet Impala 2005 WA75411C spare 25 Ford CrQwn Vieforia 2011 WA 97183C spare 76 Ford Crown Victoria 2007 WA 83086C K-9 Spare 59 Ford Crown ictona 2004 WA 72047C Spare 124 Chevrolet Tahoe 4x4 2012 WA A0312C spare feet Management Account#:690046 0463 00 900013 4 Car# 1 Ford Edge-22GJZ5 2017 C28897J Adams 5080 2 Ford Edge-22GJZC 2017 C46381J Sargent 5081 3 Ford Edge-22GJZK 2017 C92296J Ledford 5082 4 Ford F150-22LMJ3 2018 C98027L Liles 5090 5 Ford F150-22LMHT 2018 . C98028L Rhoades 5089 6 Ford F1SO-22LMHQ 2018 C98029L Potts 5083 7 Ford F150-22LMNS 2018 C98030L Pittman 5084 8 Ford F150-22LMHZ 2018 C98031L Drogmund 5085 9 Ford F150-22LMHJ 2018 C99107L Spurling 5088 10 Ford F150-221-MJ4 2018 C99108L Spare 5087 11 Ford F150-22LMHM 2018 C98052L Hanson 5086 Veh.# Make Model Year License No Name 9 Chevrolet Impala 2006 WA414WBS jail 15 Chevrolet Impala 2008 WA 86538C Kasten 19 Chevrolet Impala 2005 WA 948URR Volunteer 32 Ford Explorer 2016 WA B4455C LaFrance 38 Dodge Charger 2008 WA 86550C Colbenson 44 Ford Explorer 2016 WA B4456C Sisson 46 Ford Explorer 2016 WA B4457C Ellis 47 Ford Explorer 2016 WA B4458C Colpitts 48 Ford Explorer 2016 WA B4459C Smith, D. 49 Ford Explorer 2016 WA B4992C Baty 50 Ford Explorer 2016 WA B4993C Clark 51 Ford Explorer 2016 WA B4994C Spera 52 Ford Explorer 2016 WA B4995C Taylor 53 Ford Explorer 2016 WA B4996C Mercado 54 Ford Explorer 2016 WA B4997C Reed 55 Ford Explorer 2016 WA 135051C Rowe 57 Ford Crown Victoria..:.. 2004 WA 70276C Jail 60 Ford Explorer 2013 WA A3860C Cozad 61 Ford Explorer 2013 WA A3859C Prigger 62 Ford Explorer 2013 WA A3861C Willard 63 Ford Explorer 2013 WA A3862C Smith, N. 64 Ford Explorer 2013 WA A3863C Heiser 65 Ford Explorer 2013 WA A3864C Rangel 98 Dodge Charger 2007 WA 84506C Heilman 116 GMC Savana Van 1999 WA 48149C Evidence 118 Ford Van 2009 WA 89250C Litter 119 Chevrolet Tahoe 4x4 2012 WA A0311 C Spare 123 Ford Van 2016 WA B5057C Jail Van 126 Ford E 350 Van 1995 WA 54652C SAR 128 Chevrolet Van 2008 WA 75427C Jail 133 Chevrolet Silverado 2008 WA 86547C Bergh 134 Ford F150 4x4 2006 WA 79030C John 143 Chevrolet Tahoe 2013 WA A3853C Birklid 144 Chevrolet Tahoe 2013 WA A3854C Anderson 145 Chevrolet Tahoe 2014 WA A5638C Cotte 147 Ford Explorer 2014 WA A7020C Western 150 Ford F150 2016 WA B2733C Ripp 152 Ford Explorer 2014 WA A7022C Philpott 153 Ford Explorer 2014 WA A7023C Dodge ° G f r��l� as ° 9��a iia iii „ �L� >> � ap _� a °. � • T,Z.•_.:rl e:—i3Mt9 �. ..T'� f �s'. t,. ..L-:4. Employee Name Jerry Hauth Department Public Works/Utilities Title/Position Director Division Vehicle No&Type 00106-Ford Explorer County of Residence Mason Primary Work Station Public Works Current Odometer Reading 8318(10/10/18) Daily Commute Miles 75 Mileage outsite of County(if Daily Business Miles 10 applicable) Number of emergency call-outs in previous years: April 1-Sept.30: O,jOct.1-March 31: 0 Per Mason County Personally policy adopted April 2017 resolution..........,requests to authorize Take-Home vehicles must meet at least of of the following criteria. Fz] Emergency Response: The employee has the primary responsibility for responding to emergency situations which require immediate response to protect life or property and the employee is called out at least 12 times per quarter. A"call-out"is defined as a directive to an employee to report to work site during off duty time. Documentation listing the number and nature of call-outs for the six month period from the prior year. In addition,there must be an explanation of why alternate transpiration cannot be used and why a County vehicle cannot be picked up from a designated County parking area. Attach all justification and back-up documentation to this form. ❑ Economic Benefit: There is an economic benefit to the County.This means the cost of travel reimbursement would exceed the costs associated with Take-Home vehicle. A calculation of this benefit must be submitted with the Take-Home Vehicle request. The cost of lost productivity cannot be part of the calculation. Attached all justification and back-up documentation to this form. ❑ Special Equipment: The Employee has the primary responsibility for responding to emergency situations which require immediate response to protect life or property and the employee needs a special vehicle and or carries specialized equipment other than communications equipment in order to perform their work outside of normal working hours. A description of this equipment must be submitted with Take-Home Vehicle requests. Attach all justifications and back-up documentation to this form. ❑ Union Contract: Collective bargaining agreement may provide general language for department director to approve Take-Home Vehicle assignment. Provide union name,contract number,and attached a copy of relevant contract language. Union Local: Note:A County owned Take-H a Vehicle is a fringe benefit that generates a tax liability.If your request for a Take-Home Vehicle assignment is proved,you are requited checkwith ayroll to determine your liability. Requer'sSignatur ate I hav read and un erstWthheuntyPolicy governing Take-Home vehicles and County Vehicle use. I certify that this request meets the requirements. epart Director D to I certify at this request meets the requirements of the County Policy and recommended the BOCC approve the request. ❑ Approved ' ❑ Denied Chair of BOCC Date *Please submit this form to the Risk Manager by September 30th of each year. Original to Risk Management Payroll Take-Home Log 1 Take-Ho ° ° I II ut Authorization Request Employee Name Allan Eaton Department PW Title/Position Asst Rd Ops&Maint Man. Division Roads Vehicle No&Type 00180 Ford F150 County of Residence Mason Primary Work Station Central Shop Current Odometer Reading 29,600 Daily Commute Miles 5 Miles Mileage outsite of County(if Daily Business Miles Varialble applicable) Number of emergency call-outs in previous years: April 1-Sept.30: Oct.1-March 31: Per Mason County Personnel Policy adopted April 2017,Resolution 19-17,requests to authorize Take-Home vehicles must meet at least one of the following criteria. � Emergency Response: The employee has the primary responsibility for responding to emergency situations which require immediate response to protect life or property and the employee is called out at least 12 times per quarter. A"call-out"is defined as a directive to an employee to report to work site during off duty time. Documentation listing the number and nature of call-outs for the six month period from the prior year. In addition,there must be an explanation of why alternate transpiration cannot be used and why a County vehicle cannot be picked up from a designated County parking area. Attach all justification and back-up documentation to this form. o Economic Benefit: There is an economic benefit to the County.This means the cost of travel reimbursement would exceed the costs associated with Take-Home vehicle. A calculation of this benefit must be submitted with the Take-Home Vehicle request. The cost of lost productivity cannot be part of the calculation. Attached all justification and back-up documentation to this form. 0 Special Equipment: The Employee has the primary responsibility for responding to emergency situations which require immediate response to protect life or property and the employee needs a special vehicle and or carries specialized equipment other than communications equipment in order to perform their work outside of normal working hours. A description of this equipment must be submitted with Take-Home Vehicle requests. Attach all justifications and back-up documentation to this form. Inion Contract: Collective bargaining agreement may provide general language for department director to approve Take-Home Vehicle assignment. Provide union name,contract number,and attached a copy of relevant contract language. Union Local: Note:A County owned Take-Home Vehicle is a fringe benefit that generates a tax liability.If your request for a Take-Home Vehicle assignment is approved,you are requited to check with payroll to determine your liability. 1 . Requestor's Si natur ate I have read and understand the County Policy governing Take-Home vehicles and County Vehicle use. I certify that this request meets the requirements. 4Depart t Direct r Da ' that this r quest meets the requirements of the County Policy and recommended the BOCC approve the request. ? [proved - Cried Chair of BOCC Date *Please submit this form to the Risk Manager by September 30th of each year. Original to Risk Management Payroll Take-Home Log Special equipment Justification Documentation Vehicle#00180 is a 1/2 T 4WD PU outfitted with a) Searchlight b) Flood Lights c) Emergency Strobe Lights d) Tool Box with emergency response items such as road flares, chain saw, hand tools, etc. e) CB radio f) Company 2 way Of radio g) Permanently mounted bulk fuel tank & dispenser This vehicle is used for 24 hr callouts. It contains specialized equipment needed to respond to wind, rain, floods, slides, accidents, road hazards, and snow/ ice events, natural disasters. 1Take-Rome Ass' ment Aiathorizati-on Re 1uest Employee Name Bob Pearson o Department PW Title/Position Rd Supervisor Division Roads Vehicle No&Type 182 County of Residence Mason Primary Work Station Belfair Shop Current Odometer Reading 80,822 Daily Commute Miles 58 Miles Mileage outsite of County(if Daily Business Miles 120 miles avg applicable) Number of emergency call-outs in previous years: April 1-Sept.30: Oct.1-March 31: Per Mason County Personnel Policy adopted April 2017,Resolution 19-17,requests to authorize Take-Home vehicles must meet at least one of the following criteria. E] Emergency Response: The employee has the primary responsibility for responding to emergency situations which require immediate response to protect life or property and the employee is called out at least 12 times per quarter. A"call-out"is defined as a directive to an employee to report to work site during off duty time. Documentation listing the number and nature of call-outs for the six month period from the prior year. In addition,there must be an explanation of why alternate transpiration cannot be used and why a County vehicle cannot be picked up from a designated County parking area. Attach all justification and back-up documentation to this form. Fi Economic Benefit: There is an economic benefrt to the County.This means the cost of travel reimbursement would exceed the costs associated with Take-Home vehicle. A calculation of this benefit must be submitted with the Take-Home Vehicle request. The cost of lost productivity cannot be part of the calculation. Attached all justification and back-up documentation to this form. p]Special Equipment: The Employee has the primary responsibility for responding to emergency situations which require immediate response to protect life or property and the employee needs a special vehicle and or carries specialized equipment other than communications equipment in order to perform their work outside of normal working hours. A description of this equipment must be submitted with Take-Home Vehicle requests. Attach all justifications and back-up documentation to this form. [�nion Contract: Collective bargaining agreement may provide general language for department director to approve Take-Home Vehicle assignment. Provide union name,contract number,and attached a copy of relevant contract language. Union Local: Note:A Countyowned Take-Home Vehicle is a fringe benefit that generates a tax liability.If your request for a Take-Home Vehicle assignment is ornnoved,you are re i d to check with payroll �toj determine your liability. Requestor's ign ure Date I have read and understand the ounty Policy governing Take-Home vehicles and County Vehicle use. I certify that this request meets the requirements. epart a Director Date I cert! at this req est meets the requirements of the County Policy and recommended the BOCC approve the request. ,Dproved �Tnled Chair of BOCC Date *Please submit this form to the Risk Manager by September 30th of each year. Original to Risk Management Payroll Take-Home Log Special equipment Justification Documentation Vehicle# 00182 is a 1/2 T 4WD PU outfitted with a) Searchlight b) Flood Lights c) Emergency Strobe Lights d) Tool Box with emergency response items such as road flares, chain saw, hand tools, etc. e) CB radio f) Company 2 way Of radio g) Permanently mounted bulk fuel tank & dispenser h) Hardwired cell phone booster This vehicle is used for 24 hr callouts. It contains specialized equipment needed to respond to wind, rain, floods, slides, accidents, road hazards, and snow/ ice events, natural disasters. 17�77, 777777r 77 Employee Name Brenen Profitt Department PW Title/Position Rd Supervisor Division Roads Vehicle No&Type 190 - County of Residence Mason Primary Work Station Central Shop Current Odometer Reading 60,210 Daily Commute Miles 7 Miles Mileage outsite of County(if Daily Business Miles 100 miles avg applicable) Number of emergency call-outs in previous years: April 1-Sept.30: Oct.1-March 31: Per Mason County Personnel Policy adopted April 2017,Resolution 19-17,requests to authorize Take-Home vehicles must meet at least one of the following criteria. � Emergency Response: The employee has the primary responsibility for responding to emergency situations which require immediate response to protect life or property and the employee is called out at least 12 times per quarter. A"call-out"is defined as a directive to an employee to report to work site during off duty time. Documentation listing the number and nature of call-outs for the six month period from the prior year. In addition,there must be an explanation of why alternate transpiration cannot be used and why a County vehicle cannot be picked up from a designated County parking area. Attach all justification and back-up documentation to this form. Economic Benefit: There is an economic benefit to the County.This means the cost of travel reimbursement would exceed the costs associated with Take-Home vehicle. A calculation of this benefit must be submitted with the Take-Home Vehicle request. The cost of lost productivity cannot be part of the calculation. Attached all justification and back-up documentation to this form. 0 Special Equipment: The Employee has the primary responsibility for responding to emergency situations which require immediate response to protect life or property and the employee needs a special vehicle and or carries specialized equipment other than communications equipment in order to perform their work outside of normal working hours. A description of this equipment must be submitted with Take-Home Vehicle requests. Attach all justifications and back-up documentation to this form. EllInion Contract: Collective bargaining agreement may provide general language for department director to approve Take-Home Vehicle assignment. Provide union name,contract number,and attached a copy of relevant contract language. Union Local: Note:A County owned Take-Home Vehicle is a fringe benefit that generates a tax liability.If your request for a Take-Home Vehicle assignment is approved,you are�e uited to check with payroll to determine your liability. I W, /'/ r'v -la-I 8 Requestor's Signat a Date I have read and understand the Co my Policy governing Take-Home vehicles and County Vehicle use. I certify that this request meets the requirements. Departure Director / Date certify t at this request meets the requirements of the County Policy and recommended the BOCC approve the request. oproved (!jnied Chair of BOCC Date *Please submit this form to the Risk Manager by September 30th of each year. Original to Risk Management Payroll Take-Home Log Special equipment Justification Documentation Vehicle #( 190 a) Searchlight b) Flood Lights c) Emergency Strobe Lights d) Tool Box with emergency response items such as road flares, chain saw, hand tools, etc. e) CB radio f) Company 2 way vhf radio g) Permanently mounted bulk fuel tank & dispenser This vehicle is used for 24 hr callouts. It contains specialized equipment needed to respond to wind, rain, floods, slides, accidents, road hazards, and snow/ ice events, natural disasters. Vehicle Take-Home ' 1me nt Authorization Reauest Employee Name Gran Dishon a Department PW Title/Position Rd Supervisor Division Roads Vehicle No&Type 180 County of Residence Mason Primary Work Station Central Shop Current-Odometer Reading i Daily Commute Miles 4 Miles Mileage outsite of County(if Daily Business Miles 100 miles avg applicable) Number of emergency call-outs in previous years: April 1-Sept.30: Oct.1-March 31: Per Mason County Personnel Policy adopted April 2017,Resolution 19-17,requests to authorize Take-Home vehicles must meet at least one of the following criteria. � Emergency Response: The employee has the primary responsibility for responding to emergency situations which require immediate response to protect life or property and the employee is called out at least 12 times per quarter. A"call-out"is defined as a directive to an employee to report to work site during off duty time. Documentation listing the number and nature of call-outs for the six month period from the prior year. In addition,there must be an explanation of why alternate transpiration cannot be used and why a County vehicle cannot be picked up from a designated County parking area. Attach all justification and back-up documentation to this form. ❑Economic Benefit: There is an economic benefit to the County.This means the cost of travel reimbursement would exceed the costs associated with Take-Home vehicle. A calculation of this benefit must be submitted with the Take-Home Vehicle request. The cost of lost productivity cannot be part of the calculation. Attached all justification and back-up documentation to this form. n Special Equipment: The Employee has the primary responsibility for responding to emergency situations which require immediate response to protect life or property and the employee needs a special vehicle and or carries specialized equipment other than communications equipment in order to perform their work outside of normal working hours. A description of this equipment must be submitted with Take-Home Vehicle requests. Attach all justifications and back-up documentation to this form. Inion Contract: Collective bargaining agreement may provide general language for department director to approve Take-Home Vehicle assignment. Provide union name,contract number,and attached a copy of relevant contract language. Union Local: Note:A Countyowned Take-Home Vehicle is a fringe benefit that generates a tax liability.if your request fora Take-Home Vehicle assignment is approved you are requited to check with payroll to determine your liability. Requestor's Signature Date ve read and understand the aunty Poli governing Take-Home vehicles and County Vehicle use. I certify that this request meets the requirements. D partme iredor Date 11certify� t this reques meets the requirements of the County Policy and recommended the BOCC approve the request. ,Dproved (�Tnied Chair of BOCC Date "Please submit this form to the Risk Manager by September 30th of each year. Original to Risk Management Payroll Take-Home Log Vehicle ■ 1 1 ' Assignment Authorization 1 Employee Name Michael Leeberg Department PW Title/Position Sign Shop Foreman Division Roads Vehicle No&Type 255 Utility box P/U County of Residence Mason Primary Work Station Central Shop Current Odometer Reading 116.501 Daily Commute Miles 18 Mileage outsite of County(if Daily Business Miles Variable applicable) Number of emergency call-outs in previous years: April 1-Sept.30: Oct.1-March 31: Per Mason County Personnel Policy adopted April 2017,Resolution 19-17,requests to authorize Take-Home vehicles must meet at least one of the following criteria. F-1 Emergency Response: The employee has the primary responsibility for responding to emergency situations which require immediate response to protect life or property and the employee is called out at least 12 times per quarter. A"call-out"is defined as a directive to an employee to report to work site during off duty time. Documentation listing the number and nature of call-outs for the six month period from the prior year. In addition,there must be an explanation of why alternate transpiration cannot be used and why a County vehicle cannot be picked up from a designated County parking area. Attach all justification and back-up documentation to this form. Economic Benefit: There is an economic benefit to the County.This means the cost of travel reimbursement would exceed the costs associated with Take-Home vehicle. A calculation of this benefit must be submitted with the Take-Home Vehicle request. The cost of lost productivity cannot be part of the calculation. Attached all justification and back-up documentation to this form. 0 Special Equipment: The Employee has the primary responsibility for responding to emergency situations which require immediate response to protect life or property and the employee needs a special vehicle and or carries specialized equipment other than communications equipment in order to perform their work outside of normal working hours. A description of this equipment must be submitted with Take-Home Vehicle requests. Attach all justifications and back-up documentation to this form. Inion Contract: Collective bargaining agreement may provide general language for department director to approve Take-Home Vehicle assignment. Provide union name,contract number,and attached a copy of relevant contract language. Union Local: Note:A County owned Take-Home Vehicle is a fringe benefit that generates a tax liability.!f your request fora Take-Home Vehicle assignment is approved,you are requited to check with payroll to determine your liability. /e/Q//6 Requestor's Signature Datel I have read and understand the ounty Policy governing Take-Home vehicles and County Vehicle use. I certify that this request meets the requirements. 6 a ZZ/L,� epart Directoate I certif at this req/e,/meets the requirements of the County Policy and recommended the BOCC approve the request. ,Dproved u ; �Tnied Chair of BOCC Date *Please submit this form to the Risk Manager by September 30th of each year. Original to Risk Management Payroll Take-Home Log Special equipment Justification Documentation Vehicle # 255 is a 3/4 T 4WD PU outfitted with a utility box and overhead rack a) Searchlight b) Flood Lights c) Emergency Strobe Lights d) Tool Box with emergency response items such as road flares, chain saw, hand tools, etc. e) CB radio f) Company 2 way Of radio g) Various signs, sign posts,etc. h) Lap top docking station This vehicle is used for 24 hr callouts. It contains specialized equipment needed to respond to all types of sign issues or road hazards due to wind, rain, floods, slides, accidents, road hazards, and snow/ ice events,natural disasters. VehicleTake—Rome Assignment Authorization + a Employee Name Cindy Brewer Department Sheriff Title/Position Evidence Office Division Evidence Vehicle No&Type 157 Ford Pick Up County of Residence Mason Primary Work Station Mason County Sheriff's Office Current Odometer Reading ! / Q� Daily Commute Miles 2 miles one way Mileage outsite of County(if D 0 Daily Business Miles 50 approx applicable) Number of emergency call-outs in previous years: April 1-Sept.30: 10 estimate Oct.1-March 31: unk Per Mason County Personnel Policy adopted April 2017,Resolution 19-17,requests to authorize Take-Home vehicles must meet at least one of the following criteria. ❑ Emergency Response: The employee has the primary responsibility for responding to emergency situations which require immediate response to protect life or property and the employee is called out at least 12 times per quarter. A"call-out"Is defined as a directive to an employee to report to work site during off duty time. Documentation listing the number and nature of call-outs for the six month period from the prior year. In addition,there must bean explanation of why alternate transpiration cannot be used and why a County vehicle cannot be picked up from a designated County parking area.Attach all justification and back-up documentation to this form. ❑ Economic Benefit: There is an economic benefit to the County.This means the cost of travel reimbursement would exceed the costs associated with Take-Home vehicle. A calculation of this benefit must be submitted with the Take-Home Vehicle request. The cost of lost productivity cannot be part of the calculation.Attached o11 justification and back-up documentation to this form. 2 Special Equipment: The Employee has the primary responsibility for responding to emergency situations which require Immediate response to protect life or property and the employee needs a special vehicle and or carries specialized equipment other than communications equipment in order to perform their work outside of normal working hours. A description of this equipment must be submitted with Take-Home Vehicle requests. Attach all justifications and back-up documentation to this farm. ❑ Union Contract: Collective bargaining agreement may provide general language for department directorto approve Take-Home Vehicle assignment. Provide union name,contract number,and attached a copy of relevant contract language. Union Local: Note:A County owned Take-Home Vehicle Is a fringe benefit that generates a tax liability.if your request fora Take-Home Vehicle assignment is approved,you are requited to check with payroll to determine your liability. Requestor' Ss g ature Date i have read and understand the County Policy governing Take-Home vehicles andCounty Vehicle use. I certify hat this equest meets the requirements. 1 Department Director Date _ I certify that this request meets the requirements of the County Policy and recommended the BOCC approve the request. =Ys Cl Approved q Denied Chair of BOCC Date *Please submit this form to the Risk Manager bySeptember 30th of each year. original to Risk Management Payroll Take+lome log MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Jennifer Beierle DEPARTMENT: Support Services EXT: 532 BRIEFING DATE: November 5, 2018 PREVIOUS BRIEFING DATES: August 27, 2018 ITEM: Equitable Cost Allocations EXECUTIVE SUMMARY: The County has developed a cost allocation plan that went into effect in 2018. The plan takes into account each fund and department's use of shared county general services and allocates the costs accordingly. This keeps the County in compliance with the State Auditor's Office (SAO) requirement that all funds receiving the same services be charged equitably. Certain special funds now charged an internal allocation have not been charged in years past, and some departments have expressed concern of fund depletion from paying their fair share of cost allocations back to the general fund. SAO has stated the County may budget for a transfer of funds into select special funds in order to offset the allowable overhead costs as long as the funds transferred are from an allowable source (unrestricted). BUDGET IMPACTS: None at this time. RECOMMENDED OR REQUESTED ACTION: Request the Board allow departments to request a transfer if paying internal allocation charges is determined to be a hardship on the special fund. ATTACHMENTS: J:\Budget Office\Jennifer\Briefing,Agenda,&Public Hearing Items\Briefing Summary 8.27.2018-Internal Charges.doc MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Jennifer Beierle DEPARTMENT: Support Services EXT: 532 BRIEFING DATE: November 5, 2018 PREVIOUS BRIEFING DATES: N/A ITEM: Requests for Supplemental Appropriations and Budget Transfers to the 2018 Budget EXECUTIVE SUMMARY: The following are requests for supplemental appropriations and budget transfers: Supplemental Appropriations: $6,420 Increase to Superior Court Fund 001.250—Administrative Office of the Courts funding $6,420 Increase to Superior Court Fund 001.250— Equipment Due to funding from AOC for upgrading computer equipment for the judges $22,888 Increase to Sheriff Fund 001.205— Law Enforcement Services to DNR and Skokomish Tribe $22,888 Increase to Sheriff Fund 001.205— Patrol OT Due to new contracts with DNR and the Skokomish Tribe for Law Enforcement Services $350,000 Increase to Landfill Fund 402 — Solid Waste Fees $350,000 Increase to Landfill fund 402 — Longhaul Charges Due to higher than anticipated 2018 revenues and associated expenses Budget Transfers: $15,000 from Current Expense Fund 001.320 - Ending Fund Balance to $15,000 LEOFF Fund 001.058 - Medical Due to higher than anticipated expense levels during the 2018 budget process $90,000 from North Bay Sewer Fund 403— Ending Fund Balance to $50,000 North Bay Sewer Fund 403 — Professional Services and $40,000 North Bay Sewer Fund 403— Repairs and Maintenance Due to higher than anticipated 2018 operating expenses $1,553 from Sales & Use Tax Fund 103— Ending Fund Balance to $1,553 Sales &Use Tax Fund 103 — State Audit Charges $13,791 from Auditor's O&M — Ending Fund Balance to $13,557 Auditor's 0&M Fund 104— Internal Allocation $234 Auditor's 0&M Fund 104—State Audit Charges $2,075 from Paths &Trails Fund 106 — Ending Fund Balance to $1,762 Paths &Trails Fund 106 — Internal Allocation $313 Paths &Trails Fund 106 — State Audit Charges $395 from Election Equipment Fund 109 — Ending Fund Balance to $395 Election Equipment Fund 109— State Audit Charges $275 from Crime Victims Fund 110 — Ending Fund Balance to $275 Crime Victims Fund 110— State Audit Charges $71 from Historical Preservation Fund 116- Ending Fund Balance to J:\Budget Office\Jennifer\Briefing,Agenda,&Public Hearing Items\Budget Hearings\2018\12.11.18 Budget Hearing Info\Briefing Summary 11.5.2018-Budget.doc $71 Historical Preservation Fund 116 —State Audit Charges $1000 from Community Support Services Fund 117 — Ending Fund Balance to $1000 Community Support Services Fund 117— State Audit Charges $365 from Abatement Fund 118— Ending Fund Balance to $365 Abatement Fund 118— State Audit Charges $492 from Trial Court Improvement Fund 135 — Ending Fund Balance to $365 Trial Court Improvement Fund 135 —Internal Allocation $127 Trial Court Improvement Fund 135 —State Audit Charges $4,759 from Family Law Facilitator Fund 138— Ending Fund Balance to $4,738 Family Law Facilitator Fund 138 —Internal Allocation $21 Family Law Facilitator Fund 138— State Audit Charges $353 from Sheriff's Special Funds 140— Ending Fund Balance to $353 Sheriff's Special Funds 140— State Audit Charges $138 from Law Library Fund 160— Ending Fund Balance to $138 Law Library Fund 160 — State Audit Charges $722 from Lodging Tax Fund 163 — Ending Fund Balance to $722 Lodging Tax Fund 163 — State Audit Charges $3,954 from Skokomish Flood Zone Fund 192— Ending Fund Balance to $3,148 Skokomish Flood Zone Fund 192 — Internal Allocation $806 Skokomish Flood Zone Fund 192— State Audit Charges $8,175 from REET 2— Ending Fund Balance to $8,175 REET 2—State Audit Charges $12,701 from Landfill Fund 402 — Ending Fund Balance to $12,701 Landfill Fund 402—Internal Allocation $5,409 from North Bay Sewer Fund 403 — Ending Fund Balance to $5,409 North Bay Sewer Fund 403 —Internal Allocation $1,646 from Rustlewood Sewer&Water Fund 411 — Ending Fund Balance to $1,646 Rustlewood Sewer&Water Fund 411 — Internal Allocation $706 from Beards Cove Water Fund 412 — Ending Fund Balance to $706 Beards Cove Water Fund 412—Internal Allocation $3,057 from Belfair Sewer Fund 413— Ending Fund Balance to $3,057 Belfair Sewer Fund 413 —Internal Allocation $886 from Landfill Reserve Fund 428— Ending Fund Balance to $886 Landfill Reserve Fund 428 —Internal Allocation $4,976 from Beards Cove Reserve Fund 429 — Ending Fund Balance to $4,976 Beards Cove Reserve Fund 429— Internal Allocation $98 from Storm Drain System Development Fund 480— Ending Fund Balance to $98 Storm Drain System Development Fund 480 — State Audit Charges In order to come into compliance with SAO's requirement that all funds be charged equitably for internal allocation and state auditor charges BUDGET IMPACTS: $15,000 Decrease in ending fund balance - Current Expense Fund 001.320 $1,553 Decrease in ending fund balance— Sales & Use Tax Fund 103 $13,791 Decrease in ending fund balance—Auditor's O&M Fund 104 $2,075 Decrease in ending fund balance— Paths &Trails Fund 106 $395 Decrease in ending fund balance— Election Equipment Fund 109 $275 Decrease in ending fund balance—Crime Victims Fund 110 $71 Decrease in ending fund balance— Historical Preservation Fund 116 $1,000 Decrease in ending fund balance— Community Support Services $365 Decrease in ending fund balance—Abatement Fund 118 $492 Decrease in ending fund balance—Trial Court Improvement Fund 135 $4,759 Decrease in ending fund balance— Family Law Facilitator Fund 138 $353 Decrease in ending fund balance— Sheriff's Special Funds 140 $138 Decrease in ending fund balance— Law Library Fund 160 $722 Decrease in ending fund balance— Lodging Tax Fund 163 $3,954 Decrease in ending fund balance— Skokomish Flood Zone Fund 192 J:\Budget Office\Jennifer\Briefing,Agenda,&Public Hearing Items\Budget Hearings\2018\12.11.18 Budget Hearing Info\Briefmg Summary 11.5.2018-Budget.doc $8,175 Decrease in ending fund balance— REET 2 Fund 351 $12,701 Decrease in ending fund balance— Landfill Fund 402 $95,409 Decrease in ending fund balance— North Bay Sewer Fund 403 $1,646 Decrease in ending fund balance— Rustlewood Sewer&Water Fund 411 $706 Decrease in ending fund balance— Beards Cove Water Fund 412 $3,057 Decrease in ending fund balance— Belfair Sewer Fund 413 $886 Decrease in ending fund balance — Landfill Reserve Fund 428 $4,976 Decrease in ending fund balance— Beards Cove Reserve Fund 429 $98 Decrease in ending fund balance— Storm Drain System Development Fund 480 RECOMMENDED OR REQUESTED ACTION: Request to set public hearing for December 11th at 9:30 am to consider and approve supplemental budget requests and budget transfers. ATTACHMENTS: Requests are available for review. J:\Budget Office\Jennifer\Briefing,Agenda,&Public Hearing Items\Budget Hearings\2018\12.11.18 Budget Hearing Info\Briefing Summary 11.5.2018-Budget.doc MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Patricia Grover, Mason County Noxious Weed Board Coordinator DEPARTMENT: WSU Extension — Mason County EXT: 592 Noxious Weed Control Board BRIEFING DATE: November 5, 2018 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEM: 1. Amendment No. 3 of the agreement No. WQAIP-2016-MasNWB-00013 between The State of Washington Department of Ecology and Mason County Noxious Weed Control Board for the Spencer Lake Integrated Aquatic Vegetation Management Plan. EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): BUDGET IMPACTS: 1. The purpose of the amendment is to extend the expiration date from June 30, 2018 to December 31, 2018. 2. Reallocation of funds to the Scope of Work tasks. 3. No impact to 2018 budget. RECOMMENDED OR REQUESTED ACTION: 1. Approval from Mason County Board of County Commissioners and signature from Randy Neatherlin, Chair Mason County Commissioners. ATTACHMENTS: Amendment No. 3 of Agreement WQAIP-2016-MasNWB-00013 Briefing Summary 10/31/2018 r -raj DEPARTMENT OF ECOLOGY State of Washington AMENDMENT NO.3 TO AGREEMENT NO.WQAIP-2016-MasNWB-00013 BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND Mason County Noxious Weed Control Board PURPOSE: To amend the above-referenced agreement(AGREEMENT)between the state of Washington Department of Ecology(ECOLOGY)and Mason County Noxious Weed Control Board(RECIPIENT)for the Spencer Lake Integrated Aquatic Vegetation Management Plan(PROJECT). The allocation of funds to the Scope of Work tasks will be: Reduce Task 1 Project Administration from$5,000.00 to $4,800.00 Reduce Task 2 Plant Survey from$10,333.33 to$4,000.00 Reduce Task 3 Community Outreach from$7,000.00 to $4,000.00 IncreaseTask 4 Preparation of IAVMP from$11,000.00 to $20,533.33 The expiration date of the agreement shall be extended to 12/31/2018 to accommodate final plan review and payment. IT IS MUTUALLY AGREED that the AGREEMENT is amended as follows: Expiration Date: Original: 06/30/2018 Amended: 12/31/2018 CHANGES TO THE BUDGET Funding Distribution EG150119 Funding Title: Spencer Lake IAVMP Funding Type: Grant Funding Effective Date: 07/01/2015 Funding Expiration Date: 06/30/2018 Funding Source: Title: Aquatic Invasive Plant Program Type: State Funding Source%: 100% Description: $3 license fee on boat trailers Version 10/30/2015 State of Washington Department of Ecology Page 2 of 7 Mason County Noxious Weed Control Board Spencer Lake Integrated Aquatic Vegetation Management Plan Project Agreement No.WQAIP-2016-MasNWB-00013 Amendment No.3 Approved Indirect Costs Rate: Approved State Indirect:25% Recipient Match%: 25% InKind Interlocal Allowed: Yes InKind Other Allowed: Yes Is this Funding Distribution used to match a federal grant? No Spencer Lake IAVMP Task Total Spencer Lake Aquatic Plant Survey $ 4,000.00 Preparation of IAVMP $ 20,533.33 Community Outreach,Organization and Involvement $ 4,000.00 Project Adm inistration/Management $ 4,800.00 Total: $ 33,333.33 CHANGES TO SCOPE OF WORK Task Number: 1 Task Cost: $4,800.00 Task Title: Project Administration/Management Task Description: A.The RECIPIENT will administer the project. Responsibilities will include,but not be limited to: maintenance of project records;submittal of requests for reimbursement and corresponding backup documentation, progress reports and recipient closeout report(including photos);compliance with applicable procurement, contracting, and interlocal agreement requirements; application for,receipt of,and compliance with all required permits,licenses, easements, or property rights necessary for the project; and submittal of required performance items. B.The RECIPIENT must manage the project. Efforts will include: conducting,coordinating,and scheduling project activities and assuring quality control. Every effort will be made to maintain effective communication with the RECIPIENT's designees;the DEPARTMENT; all affected local,state, or federal jurisdictions;and any interested individuals or groups. The RECIPIENT must carry out this project in accordance with any completion dates outlined in this agreement. Task Goal Statement: Properly managed project that meets agreement and Ecology administrative requirements. Task Expected Outcome: * Timely and complete submittal of requests for reimbursement,quarterly progress reports and recipient closeout report. * Properly maintained project documentation Version 10/30/2015 State of Washington Department of Ecology Page 3 of? Mason County Noxious Weed Control Board Spencer Lake Integrated Aquatic Vegetation Management Plan Project Agreement No.WQAIP-2016-MasNWB-00013 Amendment No.3 Recipient Task Coordinator: PATRICIA GROVER Deliverables Number Description Due Date 1.1 Progress Reports 1.2 Recipient Closeout Report 1.3 Project Outcome Summary Report CHANGES TO SCOPE OF WORK Task Number: 2 Task Cost: $4,000.00 Task Title: Spencer Lake Aquatic Plant Survey Task Description: Aquatic plants surveys will be conducted at the appropriate time of year and follow recommendations in Chapter 8, Map Aquatic Plants,of the IAVMP Manual. Survey information collected will include: -Species of plants -Abundance of plant species -Mapping species utilizing GPS/GIS technology Documented species would be compiled into a resource available to lake residents. Task Goal Statement: The aquatic plant survey will provide information necessary to develop a comprehensive Integrated Aquatic Vegetation Management Plan and an effective management program. Task Expected Outcome: Develop a list of species to address in the IAVMP. Determine the size and location of infestations of invasive species. Recipient Task Coordinator: Patricia A. Grover Deliverables Number Description Due Date 2.1 Conduct aquatic plant surveys consistent with accepted aquatic plant 09/30/2015 survev rotocols 2.2 Identify species encountered and abundance 10/16/2015 2.3 Map infestations utilizing GIS/GPS technology 11/29/2015 Version 10/30/2015 • State of Washington Department of Ecology Page 4 of 7 Mason County Noxious Weed Control Board Spencer Lake Integrated Aquatic Vegetation Management Plan Project Agreement No.WQAIP-2016-MasNWB-00013 Amendment No.3 2.4 Prepare aquatic plant survey report for inclusion in IAVMP 12/31/2015 2.5 Additional surveys necessary to fill data gaps or provide additional 12/31/2017 information as identified in draft survey report CHANGES TO SCOPE OF WORK Task Number: 3 Task Cost: $4,000.00 Task Title: Community Outreach,Organization and Involvement Task Description: The RECIPIENT will serve to facilitate the 1AVMP process. Several Spencer Lake residents have indicated a willingness to work towards a plan that will support noxious weed control measures at the lake. These individuals will be contacted and become the core group for the planning process. Their interests and concerns will then be expanded into the greater lake community and a steering committee formed. Information will be conveyed through the local media or social networks. Task Goal Statement: Community outreach will result in the formation of a steering committee to represent the interests of the Spencer Lake community. The RECIPIENT will act as a facilitator for the group,research and organize information and ensure that the IAVMP development process is followed. Task Expected Outcome: Meet with core group of residents. Lake Community meeting (needs to coincide with seasonal use of lake residences). Convene and organize a steering committee. Recipient Task Coordinator: Patricia A. Grover Deliverables Number Description Due Date 3.1 One informal meeting with core group 12/31/2017 3 2 Formal meeting with lake community and other interested parties. 12/31/2017 Promote meeting through personal contacts,the local media, flyers, etc. 3.3 Implement social media,FB,blog,etc. to keep interested residents 1.2/31/2017 a rised of IAVNT process 3.4 Phase I of the planning process 12/31/2017 3. Phase II of the planning process 05/31/2018 3.6 Completion of draft plan 06/30/2018 Version 10/30/2015 State of Washington Department of Ecology Page 5 of 7 Mason County Noxious Weed Control Board Spencer Lake Integrated Aquatic Vegetation Management Plan Project Agreement No.WQAIP-2016-MasNWB-00013 Amendment No.3 CHANGES TO SCOPE OF WORK Task Number: 4 Task Cost: $20,533.33 Task Title: Preparation of IAVMP Task Description: Preparation of an Integrated Aquatic Vegetation Management Plan for Spencer Lake. Draft IAVMP submitted to ECOLOGY for approval. Task Goal Statement: The task Will encompass steps of the"A Citizen's Manual for Developing Integrated Aquatic Vegetation Management Plans"to develop and prepare an IAVMP for the residents of Spencer Lake. Task Expected Outcome: Completion of a Draft Integrated Aquatic Vegetation Management Plan for acceptance and approval by ECOLOGY. Recipient Task Coordinator: Patricia A.Grover Deliverables Number Description Due Date 4.1 Documentation of Phase I steps for inclusion in draft IAVMP. 4.2 Documentation of Phase R steps for inclusion in draft IAVMP 4.3 Completion of draft"Spencer Lake Integrated Aquatic Vegetation 05/30/2018 Management Plan" Version 10/30/2015 State of Washington Department of Ecology Page 6 of 7 Mason County Noxious Weed Control Board Spencer Lake Integrated Aquatic Vegetation Management Plan Project Agreement No.WQAIP-2016-MasNWB-00013 Amendment No.3 Funding Distribution Summary Recipient/Ecology Share Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total Spencer Lake IAVMP 25 % $ 8,333.33 $ 25,000.00 $ 33,333.33 Total $ 8,333.33 $ 25,000.00 $ 33,333.33 Version 10/30/2015 State of Washington Department of Ecology Page 7 of 7 Mason County Noxious Weed Control Board Spencer Lake Integrated Aquatic Vegetation Management Plan Project Agreement No.WQAIP-2016-MasNWB-00013 Amendment No.3 AUTHORIZING SIGNATURES All other terms and conditions of the original Agreement including any Amendments remain in full force and effect, except as expressly provided by this Amendment. The signatories to this Amendment represent that they have the authority to execute this Amendment and bind their respective organizations to this Amendment. This amendment will be effective 06/30/2018. IN WITNESS WHEREOF: the parties hereto,having read this Amendment in its entirety,including all attachments, do agree in each and every particular and have thus set their hands hereunto. Washington State Mason County Noxious Weed Control Board Department of Ecology By: By: Heather R.Bartlett Date Randy Scott Neatherlin Date Water Quality Commissioner Program Manager Template Approved to Form by Attorney General's Office Version 10/30/2015 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Kell Rowen, Planning Manager DEPARTMENT: Community Services EXT: 286 BRIEFING DATE: November 5, 2018 PREVIOUS BRIEFING DATES: None ITEM: Place on November 13, 2018 Action Agenda to publish a Notice of Hearing for December 4, 2018 to consider two (2) separate code amendments: • Title 15 — Development Code: Section 15.13, reinstating Hearing Examiner procedures for Code Enforcement cases; and • Title 17 — Zoning: Section 17.12, adding "Duplex", "Triplex"and "Residential" as allowed uses in the Village Commercial (VC) District in the Allyn Urban Growth Area (UGA). EXECUTIVE SUMMARY: The Department of Community Services proposes to reinstate the Hearing Examiner procedures for Code Enforcement compliance cases. This entire section was removed in an attempt to achieve code compliance strictly through the administrative process. Although Code Enforcement staff have been successful using Voluntary Correction Agreements, there are some cases that warrant the use of the Hearing Examiner. The Planning Department proposes to add the following as allowed uses in the Village Commercial (VC) District within the Allyn UGA: "Duplex" (restricted to parcels one-half (1/2) acre or less); "Triplex" (restricted to parcels three-quarter (3/4) acre or less) and "Residential" (one or more attached to any other permitted non-residential use). This proposal allows for greater market choices while maintaining the intent of the District. The Planning Advisory Commission held a public hearing to consider these amendments on October 15, 2018. They have recommended approval of both amendments to the BOCC. BUDGET IMPACTS: None RECOMMENDED OR REQUESTED ACTION: Approval to place on November 13, 2018 Action Agenda a Notice of Public Hearing for December 4, 2018 to consider two (2) code amendments. ATTACHMENTS: Notice of Hearing Briefmg Summary 10/22/2018 NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold public hearings at the Mason County Courthouse Building I, Commission Chambers, 411 North Fifth Street, Shelton, WA 98584 on Tuesday, December 4, 2018, at 9:30 A.M. SAID HEARINGS will be to consider adopting the following Code amendments: • Title 15—Development Code: Section 15.13, reinstating Hearing examiner procedures for Code Enforcement cases; and • Title 17—Zoning: Section 17.12, adding "Duplex", "Triplex" and "Residential" as allowed uses in the Village Commercial (VC) District in the Allyn UGA. If you have questions, please contact Kell Rowen (360) 427-9670, Ext. 286. If special accommodations are needed, please contact the Commissioners' office, 427- 9670, Ext. 419. DATED this 13th day of November 2018 BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Clerk of the Board c: Journal- Publish 2x: November 22 &29, 2018 (Bill: Community Development–615 W.Alder, Shelton,WA 98584) bear the burden of proving the decision was wrong. 4. The desired outcome or changes to the decision. 5. The appeals fee as provided for in the applicable ordinance. C. Procedure. An appeal before the Hearing Examiner shall be by procedures established by the Hearing Examiner consistent with RCW 36.70B. 15.11.030 APPEAL TO STATE REVIEW BOARDS The appeal of the final decision of the Hearing Examiner may be filed to the appropriate state review board and is subject to the appeal processes of the review board(notification,review,hearing,and decision). The State Environmental Hearings Office processes appeals of shoreline permits,conditional uses,and variances. 15.11.040 JUDICIAL APPEAL A. Appeals from the final decision of the Hearing Examiner involving those codes and ordinances to which this title applies,and for which all other appeals specifically authorized have been timely exhausted, shall be made to Mason County Superior Court within twenty-one(21)days of the date the decision or action became final,unless preempted by state law. B. Notice of the appeal and any other pleadings required to be filed with the court shall be served on the Clerk of the Board of County Commissioners and Prosecuting Attorney within the applicable time period. This requirement is jurisdictional. C. The cost of transcribing and preparing all records ordered certified by the court or desired by the appellant for such appeal shall be borne by the appellant. CHAPTER 15.13 ENFORCEMENT 15.13.005 SEVERABILITY This title shall be governed by the laws of the State of Washington. In the event that any portion or section of this title be declared invalid or unconstitutional by a court of competent jurisdiction,the remainder of the title shall not be affected and shall remain in full force and effect. 15.13.010 ENFORCING OFFICIAL; AUTHORITY A. The Review Authority shall be responsible for enforcing those codes and ordinances to which this title applies,and may adopt administrative rules to meet that responsibility. The Review Authority may delegate enforcement responsibility, as appropriate. An employee of one Review Authority department may commence an enforcement action of violations of codes and regulations of other departments. B. Inspections: The purpose of these inspection procedures are to ensure that a property owner's rights are not violated. When it is necessary to make an inspection to enforce the provisions of this Chapter,or when the Director has reasonable cause to believe that a violation has been or is being committed,the Director or his duly authorized inspector may enter the premises,or building at reasonable times to inspect or to perform any duties imposed by this Chapter,provided that if such premises or building be occupied that credentials be presented to the occupant and entry requested. If such premises or building be unoccupied,the Director shall first make reasonable effort to locate the owner or other person having 17 charge or control of the premises or building and request entry. If entry is refused;the Director shall have recourse to remedies provided by law to secure entry. 15.13.020 PENALTY A. Non-conforming structures and other non-conforming land modifications shall be a continuing violation. Every day of violation shall be a separate violation. It shall be a violation to own,use, control,maintain,or possess a portion of any premises which has been constructed,equipped, maintained,controlled,or used in violation of any of the applicable provisions,MCC Section 15.03.005, in this Title. Structures or activities which were made or conducted without a permit,when a permit was required at the time of first action,do not vest and require current permits. Any person,firm,or corporation who violates or who solicits,aids,or attempts a violation are accountable under this Chapter and are subject to the penalty provisionsr as well as the Hearing Examiner process. B. Compliance with the requirements of those codes and regulations listed under MCC Section 15.03.005 shall be mandatory,and violations of those codes are within the purview of this Chapter. C. Any private party who intentionally,recklessly,or negligently violates any of the applicable codes, regulations and ordinances is guilty of a misdemeanor;This includes,but is not limited to,a violation of notice and order,a violation of notice of civil violation,a violation of a warning notice,a violation of a stop work order,violation of a do not occupy order,or failure to comply with orders of the hearings examiner.Any person convicted of a misdemeanor under this section shall be punished by a fine of not more than five hundred dollars,or by imprisonment not to exceed ninety days,or by both,unless otherwise required by state laws.Each such person is guilty of a separate offense for each and every day during any portion of which any violation of any of the applicable provisions is committed,continued, permitted, or aided by any such person. D. Notwithstanding the provisions of any other code,the Review Authority is authorized to issue civil infractions for violations of any provision of any code or regulation listed under Section 15.03.005. The enforcement officer may issue a civil infraction ticket of up to two hundred fifty dollars($250)for the first violation and up to five hundred dollars($500)for the second and subsequent violations. Second and subsequent violations refer to any violation of any provision of Section 15.03.005 within two years of the first violation. A violator is : (1)one who owns the property and knows the violation is occurring, and fails to take action to abate it;(2)one who causes the violation to occur or solicits, commissions,requests,or aids the violation;(3)one who has a virtual exclusive right to possess the land,as in a tenant,equitable title owner,or trust beneficiary,and who aids,abets,commissions, solicits,requests,or knowingly allows a violation to occur on the land; or(4)to the maximum extent allowed under Washington law,any company whose employee or employees violates any provision of Title 15. Proof in District Court shall be by a preponderance of the evidence. To the extent that there is no conflict with this regulation,all such civil infractions under this regulation shall be governed by the standards and procedures set forth in Revised Code of Washington 7.80(Civil Infractions). Each day of the violation shall be considered a separate offense. 15.13.030 APPLICATION A. This Chapter does not apply to enforcing the Shoreline Management Plan regulations.Except when the Review Authority has determined that MCC 17.50.500 and part 11 of WAC 173-27 do not address a certain aspect of an enforcement procedure. B. Actions under this chapter may be taken in any order deemed necessary or desirable by the Review Authority to achieve the purpose of this chapter or of the Development Code. C. Proof of a violation of a development permit shall constitute prima facie evidence that the violation is that of the applicant and/or owner of the property upon which the violation exists. An enforcement I 18 action under this chapter against the owner and/or applicant shall not relieve or prevent enforcement under this chapter or other ordinance against any other responsible person,which,to the extent allowed by state law,includes an officer or agent of a business or nonprofit organization who,while violating the applicable provisions,is acting on behalf of,or in representation of,the organization. D. Where property has been subjected to an activity in violation of this Chapter,the County may bring an action against the owner of such land or the operator who performed.the violation. In addition, in the event of intentional or knowing violation of this Chapter,the review authority or Hearing Examiner may deny authorization of any permit or development approval on said property for a period up to ten(10) years from the date of unauthorized clearing or grading. While a case is pending,the County shall not authorize or grant any permit or approval of development on the property. E. Nothing in this chapter shall be construed to prevent the application of other procedures,penalties or remedies as provided in the applicable code or ordinance. 15.13.035 WARNING NOTICE Prior to other enforcement action,and at the option of the Review Authority,a warning notice may be issued. This notification is to inform parties of practices which constitute or will constitute a violation of the development code or other development regulation as incorporated by reference and may specify corrective action.This warning notice may be sent by certified/registered mail,posted on site or delivered by other means. The parties shall respond to the county within twenty(20)days of the postmark,posting on site, or delivery of the notice. 15.13.040 NOTICE OF CIVIL VIOLATION A. Authority.A notice of civil violation may be issued and served upon a person if any activity by or at the direction of that person is,has been,or may be taken.in violation of the applicable codes under Section 15.03.005. A landowner,tenant, or contractor may each be held separately and joint and severally responsible for violations of the applicable codes and regulations. B. Notice. A notice of civil vi6lation shall be deemed served and shall be effective when posted at the location of the violation and/or delivered to any person at the location and/or mailed first class to the owner or other person having responsibility for the location and not returned. C. Content.A notice of civil violation shall-set forth: 1. The name and address of the person to whom it is directed. 2. The location and specific description of the violation. 3. A notice that the order is effective immediately upon posting at the site and/or receipt by the person to whom it is directed. 4. An order that the violation immediately cease,or that the potential violation be avoided. 5. An order that the person stop work until correction and/or remediation of the violation as specified in the order. 6. A specific description of the actions required to correct,remedy,or avoid the violation,including a time limit to complete such actions. 7. A notice that failure to comply with the regulatory order may result in further enforcement actions,including civil fines,and-criminal penalties and/or appearance before the Hearing Examiner. 19 See fie.. 15.11.020. D. Remedial Action.The Review Authority may require any action reasonably calculated to correct or abate the violation,including but not limited to replacement,repair,supplementation,revegetation,or restoration. 15.13.045 HEARING BEFORE THE HEARING EXAMINER A A person to whom a notice of a civil violation is issued,and has not been resolved will be scheduled to appear before the Hearings Examiner after the notice of civil violation is issued.Extensions may be granted at the discretion of the appropriate Review Authority. B Correction of Violation.The hearing will be canceled if the applicable Review Authority determines that the required corrective action has been completed or is on schedule for completion as set by the Review Authority at least 48 hours prior to the scheduled hearing, C Procedure The Hearings Examiner shall conduct a hearing on the civil violation pursuant to the rules of procedure of the Hearings Examiner.The applicable Review Authority and the person to whom the notice of civil violation was directed may_participate as parties in the hearing and each party may call witnesses.The county shall have the burden of proof to demonstrate by a preponderance of evidence that a violation has occurred or imminently mgy occur and that the required corrective action will correct the violation A Hearing Examiner's order may prohibit future action and violations of that order may lead to penalties under this ordinance.The determination of the applicable Review Authority shall be accorded substantial weight by the Hearings Examiner in determining the reasonableness of the required corrective action. D. Decisions of the Hearings Examiner. 1 The Hearing Examiner shall determine whether the county has established by a preponderance of the evidence that a violation has occurred and that the required correction will correct the violations and shall affirm vacate or modify the county's decisions regarding the alleged violation and/or the required corrective action,with or without written conditions. 2 The Hearing Examiner shall issue an order to the person responsible for the violation which contains the following information: a The decision regarding the alleged violation including findings of fact and conclusions based thereon in support of the decision; b. The required corrective action; C. The date and time by which the correction must be completed; CL The civil fines assessed based on the criteria in subsection(DX3)of this section; e. The date and time by which the correction must be completed; 3 Civil fines assessed by the Hearing Examiner shall be in accordance with the civil fine in Section 15.13.050. a The Hearing Examiner shall have the following options in assessing civil fines: i. Assess as issued and thereafter;or ii. Assess civil fines beginning on the correction date set by the applicable Review Authority or alternate correction date set by the Hearings Examiner and thereafter;or 20 iii. Assess less than the established civil fine set forth in Section 15.13.050 based on the criteria of subsection(D)(3)(b)of this section; or iv. Assess no civil fines. b. In determining the civil fine assessment,the Hearing Examiner shall consider the followingfactors: i. Whether the person responded to staff attempts to contact the person and cooperated with efforts to correct the violation; ii. Whether the person failed to appear at the hearing; iii. Whether the violation was a repeat violation or if the person has previously violated the applicable codes,regulations,and ordinances; iv. Whether the person showed due diligence and/or substantial progress in correcting the violation; V. Whether a genuine code interpretation issue exists;and A. Any other relevant factors. C. The Hearing Examiner may double the civil fine schedule if the violation was a repeat violation or the person has previous violations of the applicable codes, regulations,or ordinances.In determining the amount of the civil fine for repeat violations the Hearing Examiner shall consider the factors set forth in subsection (D)(3)(b)of this section. 4. Notice of Decision.Upon receipt of the Hearing Examiner's decision.the Review Authority shall send by first class mail and by certified mail return receipt requested a cop of f the decision to the person to whom the notice of a civil violation was issued.The decision of the Hearing Examiner shall be rendered within 10 working days of the hearing. E. Failure to Appear.If the person to whom the notice of civil violation was issued fails to appear at the scheduled hearing,the Hearing Examiner will enter a default order with findings pursuant to subsection(D)2)of this section and assess the appropriate civil rine pursuant to subsection(D)(3)of this section.The county will enforce the Hearing Examiner's order and any civil fine from that person. F. Appeal to Superior Court. See Section 15.11.040 Judicial Appeal 15.13.050 CIVIL FINES A. Authority. A person who violates any provision of the Development Code, or who fails to obtain any necessary permit,who fails to comply with the conditions of a permit,or who fails to comply with a notice of civil violation shall be subject to a civil fine. B. Amount. The civil fine assessed shall not exceed one thousand dollars($1,000.00)for each violation. Each separate day, event, action or occurrence shall constitute a separate violation. C. Notice. A civil fine shall be imposed by an order of the review authority, and shall be effective when served or posted as set forth in 15.13.040(B). D. Collection. 1. Civil fines shall be immediately due and payable upon issuance and receipt of order of the review authority. The Review Authority may issue a stop work order until such fine is paid. 2. If remission or appeal of the fine is sought,the fine shall be due and payable upon issuance of a 21 CHAPTER 17.12 Commercial Zoning Districts in the Allyn UGA 17.12.100 "VC" -VILLAGE COMMERCIAL DISTRICT Sections: 17.12.110 Purpose 17.12.120 Permitted Uses 17.12.130 Accessory Uses 17.12.140 Use permitted subject to obtaining a Special Use permit 17.12.150 Bulk and dimension standards 17.12.160 Additional Development and Design criteria 17.12.170 Signs 17.12.180 Parking 17.12.190 Applicability 17.12.110 Purpose: The Village Commercial District is a pedestrian and transit oriented mixed use district primarily designed as a location for neighborhood, community wide and tourist retail, office, restaurant, entertainment and service uses including transient accommodations and residential uses. The district will provide opportunities for transit routes and stops and to provide shared parking opportunities. Physically the district will retain the pedestrian oriented scale and intensity of use of the rest of the Village core area. Because of its nature the Village Commercial District zone may only be located in the village center. 1. Goals of the district are: a. Promote private development and uses, which complement public streetscape, infrastructure and governmental improvements and uses. b. Foster civic pride in the area and thereby stabilize and improve property values and stimulate business investment. c. Encourage new uses and services consistent with the downtown, pedestrian oriented, character of the area to achieve a viable and sustainable commercial district. d. Prohibit new uses that are incompatible with the function and purpose of the district and encourage the relocation to other locations in the community, of existing non- conforming uses. e. Encourage efficient land use and investment in the rehabilitation, expansion and use of existing structures and in-fill sites through increased zoning densities and parking allowances and flexibility. f. Encourage the concept of "mixed" commercial, residential and civic uses in order to, provide affordable housing opportunities, provide a diverse market for retail goods and services, promote alternative modes of transportation, maximize the use of public infrastructure investments and foster a greater sense of "neighborhood" within the district. g. Encourage a sense of "ownership" of the village core within all members of the community as the social and cultural heart of the village by providing opportunities for cultural and celebratory events and development of public spaces and buildings. €INA6DRAFr Allyn Zoning 04. 5.201 10.30.2018.doc Page 29 i h. Promote a physical environment through architectural, streetscape and open space improvements that are evocative of the historic and natural character of the community. i. Provide shared parking opportunities. j. Promote tourist oriented market opportunities including water-related activities. 17.12.120 Permitted Uses. The following uses, subject to applicable licensing and development regulations, shall be allowed outright within the "VC" district. 1. Alcoholic beverage sales: package stores and wine shops 2. Antique shops 3. Appliance and communication equipment repair shop and/or sales 4. Art Galleries and artist studios 5. Art and craft supplies, retail 6. Vehicle parts store 7. Bakery, with on site sales 8. Bicycle shops 9. Book stores 10. Banks and financial institutions 11. Barbers and beauty shops 12. Camera Shop 13. Catering 14. Clothing sales and rentals and shoe stores 15. Delicatessen 16. Dry cleaners and laundries not including Laundromats 17. Duplex (restricted to parcels one-half (1/2) acre or less) 1. 18. Fabric and yarn goods 4-919. Florists 4-9-.-20. Food Stores, retail including groceries, bakers, butchers, health, candy 20.21. Furniture stores 24-.22. Grocery stores 2223. Hotels / motels 224. Household fixtures including plumbing, lighting, heating/cooling 2425. Hardware stores 226. Hobby shops 2627. Jewelry store 228. Locksmith 2129. Medical offices, clinics, equipment and services (i.e. labs) 2930. Multi-Family dwelling units (min 4 units) -39:31. Music stores, recordings and instruments 24-32. Offices 32- 33. Paint and glass shops 43-.34. Pharmacy, dispensing X435. Photographic studio 3-55L.-36. Printing, publishing and reproduction X37. Radio and Television broadcasting station 38. Residential (one or more) attached to any other permitted non-residential use 3-7-.-39. Restaurants, cafes and food stands: sit down and walk up x:40. Retail shops not otherwise named similar in size, character and impacts 3-9-.-41. Second hand stores and pawn shops 49:42. Sports related service businesses such as kayak rentals, boat tours, scuba instruction 41-43. Sporting goods store including equipment rental and repair FIA�AI DRAFT Allyn Zoning 04.'5-201 10.30.2018.doc Page 30 444. Stationary and office supply stores 4-3-45. Toy Stores 44.46. Theater, live stage, 4 -47. Theater, motion picture, one screen and no more than 250 seats 46:48. Tourism related retail and service businesses such as travel, tour and event agencies 4749. Transit stops 50. Triplex (restricted to parcels three-quarter (3/4) acre or less) 48:51. Dance and music studios 17.12.130 Accessory uses. The following uses shall be permitted as ancillary to permitted uses or uses obtaining a Special use permit in the district and shall not be established independent of the primary use. 1. Alcoholic beverage sales: on-site, in association with full menu food uses. 2. Merchandise repair excluding vehicles 3. Micro brewery 4. Hotel Lounge 5. Parking of one delivery vehicle 6. Dance floors 7. Music and electronic game machines up to a total of four 8. Live entertainment except between the hours of 1:30 AM and 7:00 AM 9. Public sidewalk food and merchandise vendors including Espresso carts and newsstands with written consent of all adjacent landowners. 17.12.140 Use permitted subject to obtaining a Special Use Permit. The following uses, subject to applicable licensing and development regulations, shall be allowed within the "Village Commercial" district only with approval of a special use permit except that a special use permit shalt not be required where any of the listed uses are included in an approved Planned Development. Consideration shall be given to the purpose and development standards of the district including any adopted design guidelines. The design of the site, structure, and building facade shall be included in the special use permit review which shall consider the widths and heights typically found in the neighboring commercial development to determine the compatibility of the proposal with the existing development. That compatibility might be accomplished through indenting portions of the structure to separate portions of the facade, using a variety of architectural styles and building materials, orienting the building so that larger areas of facade are not visible from public ways or parking areas, or by similar techniques. 1. Antique malls over 10,000 sq. ft. 2. Bars and taverns other than those associated with full menu food service. 3. Churches 4. Veterinary Clinics 5. Commercial parking lots not associated with an on-site use 6. Day care center 7. Drive-through sales, service, pick-up or delivery 8. Gasoline retail sales. 9. Gyms, fitness and aerobic studios 10. Laundromats 11. Private transportation depot 12. Schools FINA6DRAFT Allyn Zoning 04.'�1T10.30.2018.doc Page 31 PUBLIC WORKS MONDAY NOVEMBER 5,2018— BRIEFING ITEMS FROM PUBLIC WORKS (For Commissioners Meeting November 13,2018) Items for this meeting are due to Diane Zoren on Wednesday,November 7,20.18 5.0 CORRESPONDENCE AND ORGANIZATIONAL BUSINESS • Bid Award for County Road Project 2007 and 2008 Guardrail Improvement projects and County Road Project 2009 Belfair Sidewalk project. • News Release: Two-hour delay for Belfair and Hoodsport Drop Box Stations on Friday November 30, 2018 for staff training. 8.0 APPROVAL OF ACTION ITEM • Solicit through the County MRSC Consultant Roster for On-call anticipate Structural, Geotechnical, Hydraulic and Engineering and Construction services for the 2019-2020 calendar years. • Private Line Occupancy Permit Application for Steve and Ladonna Hawkins to install a water and septic transport line for 1271 North Shore Road. • Interlocal Agreement with Belfair Water District#1 for mutual acquisition of services. • Updating Public Works Organization Chart/position. 9.0 OTHER BUSINESS (None) 10.0 PUBLIC HEARINGS AND ITEMS SET FOR A CERTAIN TIME (None) DISCUSSION ITEMS: • Trees Chopped Down on County Property(Belfair Drop Box Station) Attendees: Commissioners: Public Works: Other Dept.: Press: Public: _Randy Neatherlin _Jerry Hauth List below: List below List Below: _Kevin Shutty _Bart Stepp Terri Drexler Others-List below: MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Jerry W. Hauth, Director/County Engineer and Sarah Grice Engineering & Construction Manager DEPARTMENT: Public Works EXT: 450 BRIEFING DATE: November 5, 2018 PREVIOUS BRIEFING DATES: January 25, 2016 (CRP 2007 and 2008) June 13, 2016 (CRP 2009) If this is a follow-up briefing, please provide only new information ITEM: Award Announcement for County Road Projects Background: The Public Works Department is announcing the bid award, to the low responsive bidders, of the following contracts that have been authorized by the Board to call for bids, set bid opening dates/times and award. No. of Bid Opening for: Contract Award to: Bid Amount: Bids: 4 Guardrail Improvements Petersen Brothers, Inc. $493,511.66 CRP 2007 - Bear Creek Dewatto Road Sumner, WA CRP 2008 — Arcadia Road 9 CRP 2009 Belfair Sidewalk— Rognlin's Inc. $161,023.70 Old Belfair Hwy Aberdeen, WA (MP 0.00 to MP 0.10) Bid tabulations for each of the bid openings are attached and also available on the Builders Exchange of Washington website. Recommended Action: No action required. Announcing at the November 13, 2018 Commission Meeting. Attachments: Bid Tabulations GUARDRAIL IMPROVEMENTS BID TABULATION SHEET Page 1 of 1 BID OPENING:9114118 CRP 2007&2008 PETERSEN BROS.INC GRANITE CONSTRUCTION CORAL CONST CO. DIRT&AGGREGATE 2008 E VALLEY HWY E 3200 113TH AVE SW P 0 BOX 347 20905 NE SANDY BLVD SUMNER WA 98390 OLYMPIA WA 98512 WILSONVILLE OR 97070 FAIRVIEW OR 97024 ENGINEER'S ESTIMATE BIDDER NO: 1 BIDDER NO: 2 BIDDER NO: 3 BIDDER BOND/ADD? Y BOND/ADD? Y BOND/ADD? Y BOND/ADD? Y ITEM ITEM PLANNED UNIT ESTIMATE UNIT ESTIMATE UNIT ESTIMATE UNIT ESTIMATE UNIT ESTIMATE NO. DESCRIPTION UNIT QUANTITY PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL 1 MOBILIZATION L.S 1 $ 34,500.00 $ 34 500.00 $ 16,715.93 $ 16 715.93 $ 54 000.00 $ 54,000.00 $ 56,982.00 $ 56 982.00 $ 70,600.00 $ 70,600.00 2 CLEARING AND GRUBBING L.S 1 $ 10,000.00 $ 10,000.00 $ 47,406.84 $ 47,406.84 $ 57 000.00 $ 57 000.00 $ 68,000.00 $ 66 000.00 $ 100,123.50 $ 100,123.50 3 REMOVING GUARDRAIL L.F 2662.5 $ 6.00 $ 15 975.00 $ 3.69 $ 9,824.63 $ 3.50 $ 9,318.75 $ 6.00 $ 15 975.00 $ 5.00 $ 13 312.50 4 CRUSHED SURFACING BASE TON 106 COURSE $ 60.00 $ 6,360.00 $ 120.95 $ 12,820.70 $ 375.00 $ 39,750.00 $ 250.00 $ 26,500.00 $ 130.00 $ 13,780.00 5 ESC LEAD DAY 6 $ 200.00 $ 1,200.00 $ 150.29 $ 901.74 $ 30.00 $ 180.00 $ 100.00 $ 600.00 $ 250.00 $ 1,500.00 6 EROSIONIWATER POLLUTION CONTROL EST. 1 $ 2,000.00 $ 2,000.00 $ 2.000.00 $ 2,000.00 $ 2,000.00 1 $ 2,000.00 $ 2,000.00 $ 2,000.00 $ 2,000.00 $ 2,000,00 7 BEAM GUARDRAIL TYPE 31- 8 FT LONG POST L.F. 25 $ 100.00 $ 2,500.00 $ 43.60 $ 1 090.00 $ 37.50 $ 937.50 $ 40.00 $ 1 000.00 $ 40.00 $ 1,000.00 8 BEAM GUARDRAIL TYPE 31- 11 FT LONG POST L.F. 87.5 $ 120.00 $ 10,500.00 $ 51.15 $ 4,475.63 $ 52.50 $ 4,593.75 $ 50.00 $ 4.375.00 $ 50.00 $ 4.375.00 9 BEAM GUARDRAIL TYPE 31 L.F. 3612.5 $ 30.00 $ 108 375.00 $ 40.53 $ 146 414.63 $ 30.50 $ 110 181.25 $ 30.00 $ 108 375.00 $ 26.00 $ 93,925.00 10 BEAM GUARDRAIL TYPE 31- NON-FLARED TERMINAL EACH 50 $ 3,500.00 $ 175,000.00 $ 3,213.81 $ 160 690.50 $ 3,020.00 $ 151 000.00 $ 3,500.00 $ 175 000.00 $ 3,750.00 $ 187 500.00 11 BEAM GUARD RAI LPLACEMENT 25 FT SPAN EACH 1 $ 1,000.00 $ 1,000.00 $ 1,622.72 $ 1,622.72 $ 11100.00 $ 1,100.00 $ 750.00 $ 750.00 $ 1.000.00 $ 1,000.00 12 BEAM GUARDRAIL TYPE 31 ANCHOR TYPE 10 EACH 1 $ 1,400.00 $ 1,400.00 $ 905.27 $ 905.27 $ 1,280.00 $ 1,260.00 $ 1,250.00 $ 1,250.00 $ 2,000.00 $ 2,000.00 13 PORTABLE CHANGEABLE MESSAGE SIGN HR. 2600 $ 3.50 $ 9 100.00 $ 3.41 $ 8 866.00 $ 0.25 $ 650.00 $ 0.01 $ 26.00 $ 10.00 $ 26,000.00 14 PROJECT TEMPORARY TRAFFIC CONTROL L.S. 1 $ 60 000.00 $ 60 000.00 $ 43 505.61 $ 43 505.61 $ 75 000.00 $ 75 000.00 $ 95 000.00 $ 95 000.00 $ 82 500.00 $ 82 500.00 15 TRAFFIC CONTROL SUPERVISOR L.S. 1 $ 20 000.00 $ 20,000.00 $ 31,734.88 $ 31,734.88 $ 30 500.00 $ 30,500.00 $ 10,000.00 $ 10 000.00 $ 27 500.00 $ 27,500.00 16 ROADSIDE CLEANUP EST. 1 $ 3,500.00 $ 3,500.00 $ 3,500.00 $ 3,500.00 $ 3,500.00 $ 3,500.00 $ 3,500.00 $ 3 500.00 $ 3,500.00 $ 3,500.00 17 SPCC PLAN L.S. 1 $ 2,000.00 $ 2,000.00 $ 1,036.59 $ 1,036.59 $ 500.00 1 $ 500.00 $ 500.00 $ 500.00 $ 1,000.00 1$ 1,000.00 TOTALS $ 463,410.00 $ 493,611.66 $ 641,491.26 $ 669,833.00 $ 631,616.00 BID TABULATION SHEET ROGNLIN'S INC. INTERWEST CONST.INC. SOUND PACIFIC CONST. HANSON EXCAVATION PROJECT:BELFAIR SIDEWALKS-OLD BELFAIR HWY 321 W STATE STREET 170 BUSINESS LOOP 3902 157TH ST CT NW 86 SE BANJO LANE BID OPENING:OCT 26, 2018 ABERDEEN,WA 98502 SEQUIM,WA 98382 GIG HARBOR,WA 98332 SHELTON,WA 98584 CRP 2009 ENGINEER'S ESTIMATE BIDDER NO: 1 BIDDER NO: 2 BIDDER NO: 3 BIDDER NO: 4 BOND/ADD? YES BOND/ADD? YES BOND/ADD? YES BOND/ADD? YES ITEM ITEM UNIT PLAN UNIT ESTIMATE UNIT ESTIMATE UNIT ESTIMATE UNIT ESTIMATE UNIT ESTIMATE NO. DESCRIPTION QUANTITY PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL 1 MOBILIZATION LS 1 $ 13,263.28 $ 13,263.28 $ 20,000.00 $ 20,000.00 $ 14,590.00 $ 14,590.00 $ 16,000.00 $ 16,000.00 $ 9,950.00 $ 9,950.00 2 CLEARING AND GRUBBING LS 1 $ 1,000.00 $ 1,000.00 $ 2,500.00 $ 2,500.00 $ 1,625.00 $ 1,625.00 $ 2,000.00 $ 2,000.00 $ 3,000.00 $ 3,000.00 3 REMOVAL OF STRUCTURES LS 1 $ 3,000.00 $ 3,000.00 $ 425.00 $ 425.00 $ 4,270.00 $ 4,270.00 $ 1,000.00 $ 1,000.00 $ 2,000.00 $ 2,000.00 AND OBSTRUCTIONS 4 REMOVING BITUMINOUS SY 490 $ 12.00 $ 5,880.00 $ 12.00 $ 5,880.00 $ 10.00 $ 4,900.00 $ 18.00 $ 8,820.00 $ 14.00 $ 6,860.00 PAVEMENT 5 REMOVING CEMENT CONC. SY 4 $ 60.00 $ 240.00 $ 120.00 $ 480.00 $ 127.00 $ 508.00 $ 28.00 $ 112.00 $ 195.00 $ 780.00 SIDEWALK 6 REMOVING CEMENT CONC. LF 30 $ 15.00 $ 450.00 $ 34.00 $ 1,020.00 $ 17.00 $ 510.00 $ 3.00 $ 90.00 $ 50.00 $ 1,500.00 CURB 7 REMOVING CHAIN LINK FENCE LF 105 $ 20.00 $ 2,100.00 $ 13.50 $ 1,417.50 $ 10.20 $ 1,071.00 $ 4.00 $ 420.00 $ 18.00 $ 1,890.00 8 CEMENT CONC.SPILLWAY LF 8 $ 60.00 $ 480.00 $ 100.00 $ 800.00 $ 127.00 $ 1,016.00 $ 85.00 $ 680.00 $ 177.00 $ 1,416.00 9 QUARRY SPALLS TON 5 $ 70.00 $ 350.00 $ 125.00 $ 625.00 $ 132.00 $ 660.00 $ 100.00 $ 500.00 $ 170.00 $ 850.00 10 CRUSHED SURFACING BASE TON 272 $ 26.00 $ 7,072.00 $ 50.00 $ 13,600.00 $ 36.50 $ 9,928.00 $ 35.00 $ 9,520.00 $ 55.00 $ 14,960.00 COURSE 11 COMMERCIAL HMA TON 76 $ 180.00 $ 13,680.00 $ 300.00 $ 22,800.00 $ 260.00 $ 19,760.00 $ 225.00 $ 17,100.00 $ 258.00 $ 19,608.00 12 ESC LEAD DAY 4 $ 100.00 $ 400.00 $ 100.00 $ 400.00 $ 575.00 $ 2,300.00 $ 125.00 $ 500.00 $ 300.00 $ 1,200.00 13 INLET PROTECTION EACH 5 $ 250.00 $ 1,250.00 $ 30.00 $ 150.00 $ 82.00 $ 410.00 $ 125.00 $ 625.00 $ 400.00 $ 2,000.00 14 SILT FENCE LF 240 $ 4.50 $ 1,080.00 $ 10.00 $ 2,400.00 $ 6.00 $ 1,440.00 $ 5.00 $ 1,200.00 $ 5.00 $ 1,200.00 15 EROSION/WATER POLLUTION EST 1 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 CONTROL 16 SEEDING AND FERTILIZING BY SY 515 $ 8.00 $ 4,120.00 $ 1.00 $ 515.00 $ 1.40 $ 721.00 $ 1.00 $ 515.00 $ 4.00 $ 2,060.00 HAND 17 TOPSOIL TYPE A SY 275 $ 8.00 $ 2,200.00 $ 15.00 $ 4,125.00 $ 9.60 $ 2,640.00 $ 40.00 $ 11,000.00 $ 17.50 $ 4,812.50 18 CEMENT CONC.TRAFFIC CURB LF 461 $ 40.00 $ 18,440.00 $ 46.00 $ 21,206.00 $ 35.00 $ 16,135.00 $ 44.00 $ 20,284.00 $ 31.00 $ 14,291.00 &GUTTER 19 CEMENT CONC.TRAFFIC CURB LF 13 $ 100.00 $ 1,300.00 $ 45.00 $ 585.00 $ 66.00 $ 858.00 $ 45.00 $ 585.00 $ 45.00 $ 585.00 20 PAINT LINE LF 470 $ 0.70 $ 329.00 $ 3.00 $ 1,410.00 $ 4.00 $ 1,880.00 $ 11.00 $ 5,170.00 $ 12.00 $ 5,640.00 BID TABULATION SHEET ROGNLIN'S INC. INTERWEST CONST.INC. SOUND PACIFIC CONST. HANSON EXCAVATION PROJECT.BELFAIR SIDEWALKS-OLD BELFAIR HWY 321 W STATE STREET 170 BUSINESS LOOP 3902 157TH ST CT NW 86 SE BANJO LANE BID OPENING:OCT 26,2018 ABERDEEN,WA 98502 SEQUIM,WA 98382 GIG HARBOR,WA 98332 SHELTON,WA 98584 CRP 2009ENGINEER'S ESTIMATE BIDDER NO: 1 BIDDER NO: 2 BIDDER NO: 3 BIDDER NO: 4 BOND/ADD? YES BOND/ADD? YES BOND/ADD? YES BOND/ADD? YES ITEM ITEM UNIT PLAN UNIT ESTIMATE UNIT ESTIMATE UNIT ESTIMATE UNIT ESTIMATE UNIT ESTIMATE NO. DESCRIPTION QUANTITY PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL 21 PROJECT TEMPORARY TRAFFIC LS 1 $ 6,400.00 $ 6,400.00 $ 550.00 $ 550.00 $ 1,300.00 $ 1,300.00 $ 6,000.00 $ 6,000.00 $ 6,500.00 $ 6,500.00 CONTROL 22 TRAFFIC CONTROL LS 1 $ 6,000.00 $ 6,000.00 $ 10,500.00 $ 10,500.00 $ 18,000.00 $ 18,000.00 $ 13,000.00 $ 13,000.00 $ 1,500.00 $ 1,500.00 SUPERVISOR 23 CONSTRUCTION SIGNS SF 77 $ 25.00 $ 1,925.00 $ 15.00 $ 1,155.00 $ 36.00 $ 2,772.00 $ 17.00 $ 1,309.00 $ 25.00 $ 1,925.00 CLASS A 24 STRUCTURE EXCAVATION CY 65 $ 18.00 $ 1,170.00 $ 50.00 $ 3,250.00 $ 33.00 $ 2,145.00 $ 22.00 $ 1,430.00 $ 45.00 $ 2,925.00 CLASS B INCL.HAUL 25 LICENSED SURVEYING EST 1 $ 4,000.00 $ 4,000.00 $ 4,000.00 $ 4,000.00 $ 4,000.00 $ 4,000.00 $ 4,000.00 $ 4,000.00 $ 4,000.00 $ 4,000.00 26 CEMENT CONC.SIDEWALK SY 265 $ 80.00 $ 21,200.00 $ 55.00 $ 14,575.00 $ 66.00 $ 17,490.00 $ 56.00 $ 14,840.00 $ 65.00 $ 17,225.00 27 CEMENT CONC.DRIVEWAY SY 55 $ 115.00 $ 6,325.00 $ 68.00 $ 3,740.00 $ 87.00 $ 4,785.00 $ 77.00 $ 4,235.00 $ 100.00 $ 5,500.00 ENTRANCE TYPE 1 28 CEMENT CONC.DRIVEWAY SY 104 $ 115.00 $ 11,960.00 $ 80.00 $ 8,320.00 $ 90.00 $ 9,360.00 $ 77.00 $ 8,008.00 $ 100.00 $ 10,400.00 ENTRANCE TYPE 3 29 CENEMENT CONC.CURB RAMP EACH 1 $ 5,000.00 $ 5,000.00 $ 900.00 $ 900.00 $ 1,450.00 $ 1,450.00 $ 1,000.00 $ 1,000.00 $ 1,790.00 $ 1,790.00 TYPE A 30 CEMENT CONC.CURB RAMP EACH 3 $ 5,000.00 $ 15,000.00 1$ 1,500.00 $ 4,500.00 $ 1,350.00 $ 4,050.00 $ 2,000.00 $ 6,000.00 $ 1,790.00 $ 5,370.00 TYPE B 31 DETECTABLE WARNING SF 122 $ 65.00 $ 10,370.00 $ 25.00 $ 3,050.00 $ 30.00 $ 3,660.00 $ 30.00 $ 3,660.00 $ 50.00 $ 6,100.00 SURFACE 32 CHAIN LINK FENCE TYPE 4 LF 94 $ 55.00 $ 5,170.00 $ 32.00 $ 3,008.00 $ 48.00 $ 4,512.00 $ 31.00 $ 2,914.00 $ 39.00 $ 3,666.00 33 ROADSIDE CLEANUP EST 1 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 34 ADJUST VALVE BOX EACH 2 $ 600.00 $ 1,200.00 $ 80.00 $ 160.00 $ 425.00 $ 850.00 $ 350.00 $ 700.00 $ 500.00 $ 1,000.00 35 SPCC PLAN LS 1 $ 500.00 $ 500.00 $ 627.20 $ 627.20 $ 800.00 $ 800.00 $ 1,000.00 $ 1,000.00 $ 750.00 $ 750.00 36 ADJUST WATER METER BOX EACH 3 $ 600.00 $ 1,800.00 $ 50,00 $ 150.00 $ 350.00 $ 1,050.00 $ 350.00 $ 1,050.00 $ 500.00 $ 1,500.00 37 ADJUST SEWER CLEANOUT EACH 4 $ 600.00 $ 2,400.00 $ 50.00 $ 200.00 $ 325.00 $ 1,300.00 $ 350.00 $ 1,400.00 $ 500.00 $ 2,000.00 TOTALS $ 179,064.28 $ 161,023.70 $ 164,746.00 $ 168,667.00 $ 168,753.50 BID TABULATION SHEET ASPHALT PATCH SYSTEMS BARCOTT CONSTRUCTION NORTHWEST CASCADE,INC. rRANSPORTATION SYSTEMS,INC PROJECT:BELFAIR SIDEWALKS-OLD BELFAIR HWY 8812 CANYON RD E P 0 BOX 366 P 0 BOX 73399 6917 166TH AVE E BID OPENING:OCT 26,2018 PUYALLUP,WA 98371 CHEHALIS,WA 98532 PUYALLUP,WA 98373 SUMNER,WA 98390 CRP 2009 ENGINEER'S ESTIMATE BIDDER NO: 6 BIDDER NO: 6 BIDDER NO: 7 BIDDER NO: 8 [I BOND/ADD? YES BOND/ADD? YES BOND/ADD? YES BOND/ADD? YES ITEM ITEM UNIT PLAN UNIT ESTIMATE UNIT ESTIMATE UNIT ESTIMATE UNIT ESTIMATE UNIT ESTIMATE NO. DESCRIPTION QUANTITY PRICE TOTAL I PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL 1 MOBILIZATION LS 1 $ 13,263.28 $ 13,263.28 $ 15,000.00 $ 15,000.00 $ 22,340.00 $ 22,340.00 $ 15,861.00 $ 15,861.00 $ 20,000.00 $ 20,000.00 2 CLEARING AND GRUBBING LS 1 $ 1,000.00 $ 1,000.00 $ 2,500.00 $ 2,500.00 $ 2,800.00 $ 2,800.00 $ 1,300.00 $ 1,300.00 $ 5,000.00 $ 5,000.00 3 REMOVAL OF STRUCTURES LS 1 $ 3,000.00 $ 3,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 750.00 $ 750.00 $ 2,500.00 $ 2,500.00 AND OBSTRUCTIONS 4 REMOVING BITUMINOUS SY 490 $ 12.00 $ 5,860.00 $ 8.00 $ 3,920.00 $ 25.00 $ 12,250.00 $ 18.00 $ 8,820.00 $ 30.00 $ 14,700.00 PAVEMENT 5 REMOVING CEMENT CONC. SY 4 $ 60.00 $ 240.00 $ 125.00 $ 500.00 $ 125.00 $ 500.00 $ 28.00 $ 112.00 $ 90.00 $ 360.00 SIDEWALK 6 REMOVING CEMENT CONC. LF 30 $ 15.00 $ 450.00 $ 15.00 $ 450.00 $ 40.00 $ 1,200.00 $ 13.00 $ 390.00 $ 20.00 $ 600.00 CURB 7 REMOVING CHAIN LINK FENCE LF 105 $ 20.00 $ 2,100.00 $ 20.00 $ 2,100.00 $ 7.00 $ 735.00F23, .00 $ 525.00 $ 10.00 $ 1,050.00 8 CEMENT CONC.SPILLWAY LF 8 $ 60.00 $ 480.00 $ 125.00 $ 1,000.00 $ 125.00 $ 1,000.00 .50 $ 1,860.00 $ 150.00 $ 1,200.00 9 QUARRY SPALLS TON 5 $ 70.00 $ 350.00 $ 50.00 $ 250.00 $ 174.00 $ 870.00 .00 $ 500.00 $ 150.00 $ 750.00 10 CRUSHED SURFACING BASE TON 272 $ 26.00 $ 7,072.00 $ 70.00 $ 19,040.00 $ 18.00 $ 4,896.00 .00 $ 16,664.00 $ 80.00 $ 21,760.00 COURSE 11 COMMERCIAL HMA TON 76 $ 180.00 $ 13,680.00 $ 200.00 $ 15,200.00 $ 320.00 $ 24,320.00 $ 285.00 $ 21,660.00 $ 220.00 $ 16,720.00 12 ESC LEAD DAY 4 $ 100.00 $ 400.00 $ 100.00 $ 400.00 $ 50.00 $ 200.00 $ 100.00 $ 400.00 $ 500.00 $ 2,000.00 13 INLET PROTECTION EACH 5 $ 250.00 $ 1,250.00 $ 50.00 $ 250.00 $ 60.00 $ 300.00 $ 70.00 $ 350.00 $ 80.00 $ 400.00 14 SILT FENCE LF 240 $ 4.50 $ 1,080.00 $ 8.00 $ 1,920.00 $ 3.00 $ 720.00 $ 9.50 $ 2,280.00 $ 10.00 $ 2,400.00 15 EROSION/WATER POLLUTION EST 1 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 CONTROL 16 SEEDING AND FERTILIZING BY SY 515 $ 8.00 $ 4,120.00 $ 5.00 $ 2,575.00 $ 1.00 $ 515.00 $ 4.00 $ 2,060.00 $ 5.00 $ 2,575.00 HAND 17 TOPSOIL TYPE A SY 275 $ 8.00 $ 2,200.00 $ 40.00 $ 11,000.00 $ 16.80 $ 4,620.00 $ 18.00 $ 4,950.00 $ 15.00 $ 4,125.00 18 CEMENT CONC.TRAFFIC CURB LF 461 $ 40.00 $ 18,440.00 $ 55.00 $ 25,355.00 $ 46.00 $ 21,206.00 $ 44.00 $ 20,284.00 $ 40.00 $ 18,440.00 &GUTTER 19 CEMENT CONC.TRAFFIC CURB LF 13 $ 100.00 $ 1,300.00 $ 40.00 $ 520.00 $ 50.00 $ 650.00 $ 65.00 $ 845.00 $ 70.00 $ 910.00 20 PAINT LINE LF 470 $ 0.70 $ 329.00 $ 5.00 $ 2,350.00 $ 5.25 $ 2,467.50 $ 12.00 $ 5,640.00 $ 6.00 $ 2,820.00 BID TABULATION SHEET ASPHALT PATCH SYSTEMS BARCOTT CONSTRUCTION NORTHWEST CASCADE,INC. TRANSPORTATION SYSTEMS,INC PROJECT:BELFAIR SIDEWALKS-OLD BELFAIR HWY 8812 CANYON RD E P O BOX 366 P O BOX 73399 6917 166TH AVE E BID OPENING:OCT 26,2018 PUYALLUP,WA 98371 CHEHALIS,WA 98532 PUYALLUP,WA 98373 SUMNER,WA 98390 CRP 2009 ENGINEER'S ESTIMATE BIDDER NO: 5 BIDDER NO: 6 BIDDER NO: 7 BIDDER NO: 8 BOND/ADD? YES BOND/ADD? YES BOND/ADD? YES BOND/ADD? YES ITEM ITEM UNIT PLAN UNIT ESTIMATE UNIT ESTIMATE UNIT ESTIMATE UNIT ESTIMATE UNIT ESTIMATE NO. DESCRIPTION QUANTITY PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL I PRICE TOTAL 21 PROJECT TEMPORARY TRAFFIC LS 1 $ 6,400.00 $ 6,400.00 $ 2,500.00 $ 2,500.00 $ 1,000.00 $ 1,000.00 $ 10,620.00 $ 10,620.00 $ 12,000.00 $ 12,000.00 CONTROL 22 TRAFFIC CONTROL LS 1 $ 6,000.00 $ 6,000.00 $ 1,000.00 $ 1,000.00 $ 7,815.00 $ 7,815.00 $ 13,100.00 $ 13,100.00 $ 5,000.00 $ 5,000.00 SUPERVISOR 23 CONSTRUCTION SIGNS SF 77 $ 25.00 $ 1,925.00 $ 4.00 $ 308.00 $ 8.00 $ 616.00 $ 50.00 $ 3,850.00 $ 18.00 $ 1,386.00 CLASS A 24 STRUCTURE EXCAVATION CY 65 $ 18.00 $ 1,170.00 $ 48.00 $ 3,120.00 $ 33.00 $ 2,145.00 $ 60.00 $ 3,900.00 $ 65.00 $ 4,225.00 CLASS B INCL.HAUL 25 LICENSED SURVEYING EST 1 $ 4,000.00 $ 4,000.00 $ 4,000.00 $ 4,000.00 $ 4,000.00 $ 4,000.00 $ 4,000.00 $ 4,000.00 $ 4,000.00 $ 4,000.00 26 CEMENT CONC.SIDEWALK SY 265 $ 80.00 $ 21,200.00 $ 60.00 $ 15,900.00 $ 90.00 $ 23,850.00 $ 54.00 $ 14,310.00 $ 52.00 $ 13,780.00 27 CEMENT CONC.DRIVEWAY SY 55 $ 115.00 $ 6,325.00 $ 70.00 $ 3,850.00 $ 102.00 $ 5,610.00 $ 76.00 $ 4,180.00 $ 120.00 $ 6,600.00 ENTRANCE TYPE 1 28 CEMENT CONC.DRIVEWAY SY 104 $ 115.00 $ 11,960.00 $ 70.00 $ 7,280.00 $ 81.00 $ 8,424.00 $ 76.00 $ 7,904.00 $ 120.00 $ 12,480.00 ENTRANCE TYPE 3 29 CENEMENT CONC.CURB RAMP EACH 1 $ 5,000.00 $ 5,000.00 $ 3,000.00 $ 3,000.00 $ 2,950.00 $ 2,950.00 $ 3,800.00 $ 3,800.00 $ 2,100.00 $ 2,100.00 TYPE A 30 CEMENT CONC.CURB RAMP EACH 3 $ 5,000.00 $ 15,000.00 $ 3,500.00 $ 10,500.00 $ 2,126.00 $ 6,378.00 $ 4,005.00 $ 12,015.00 $ 2,500.00 $ 7,500.00 TYPE B 31 DETECTABLE WARNING SF 122 $ 85.00 $ 10,370.00 $ 65.25 $ 7,960.50 $ 82.00 $ 10,004.00 $ 62.00 $ 7,564.00 $ 69.00 $ 8,418.00 SURFACE 32 CHAIN LINK FENCE TYPE 4 LF 94 $ 55.00 $ 5,170.00 $ 53.20 $ 5,000.80 $ 37.50 $ 3,525.00 $ 35.00 $ 3,290.00 $ 30.00 $ 2,820.00 33 ROADSIDE CLEANUP EST 1 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 34 ADJUST VALVE BOX EACH 2 $ 600.00 $ 1,200.00 $ 50.00 $ 100.00 $ 150.00 $ 300.00 $ 700.00 $ 1,400.00 $ 600.00 $ 1,200.00 35 SPCC PLAN LS 1 $ 500.00 $ 500.00 $ 250.00 $ 250.00 $ 500.00 $ 500.00 $ 350.00 $ 350.00 $ 500.00 $ 500.00 36 ADJUST WATER METER BOX EACH 3 $ 600.00 $ 1,800.00 $ 50.00 $ 150.00 $ 200.00 $ 600.00 $ 350.00 $ 1,050.00 $ 600.00 $ 1,800.00 37 ADJUST SEWER CLEANOUT EACH 4 $ 600.00 $ 2,400.00 $ 100.00 $ 400.00 $ 200.00 $ 800.00 $ 500.00 $ 2,000.00 $ 600.00 $ 2,400.00 TOTALS $ 179,064.28 $ 172,649.30 $ 183,106.60 $ 200,784.00 $ 206,519.00 BID TABULATION SHEET RC WALSH&COMPANY PROJECT:BELFAIR SIDEWALKS-OLD BELFAIR HWY 7045 38TH LANE NW BID OPENING:OCT 26,2018 OLYMPIA,WA 98502 CRP 2009BIDDER NO: 9 ENGINEER'S ESTIMATE BOND/ADD? YES ITEM ITEM UNIT PLAN UNIT ESTIMATE UNIT ESTIMATE NO. DESCRIPTION QUANTITY PRICE TOTAL PRICE TOTAL 1 MOBILIZATION LS 1 $ 13,263.28 $ 13,263.28 $ 26,089.83 $ 26,089.83 2 CLEARING AND GRUBBING LS 1 $ 1,000.00 $ 1,000.00 $ 3,832.92 $ 3,832.92 3 REMOVAL OF STRUCTURES LS 1 $ 3,000.00 $ 3,000.00 $ 8,110.44 $ 8,110.44 AND OBSTRUCTIONS 4 REMOVING BITUMINOUS SY 490 $ 12.00 $ 5,880.00 $ 17.57 $ 8,609.30 PAVEMENT 5 REMOVING CEMENT CONC. SY 4 $ 60.00 $ 240.00 $ 506.32 $ 2,025.28 SIDEWALK 6 REMOVING CEMENT CONC. LF 30 $ 15.00 $ 450.00 $ 87.43 $ 2,622.90 CURB 7 REMOVING CHAIN LINK FENCE LF 105 $ 20.00 $ 2,100.00 $ 8.88 $ 932.40 8 CEMENT CONC.SPILLWAY LF 8 $ 60.00 $ 480.00 $ 334.62 $ 2,676.96 9 QUARRY SPALLS TON 5 $ 70.00 $ 350.00 $ 154.21 $ 771.05 10 CRUSHED SURFACING BASE TON 272 $ 26.00 $ 7,072.00 $ 49.21 $ 13,385.12 COURSE 11 COMMERCIAL HMA TON 76 $ 180.00 $ 13,680.00 $ 286.73 $ 21,791.48 12 ESC LEAD DAY 4 $ 100.00 $ 400.00 $ 228.74 $ 914.96 13 INLET PROTECTION EACH 5 $ 250.00 $ 1,250.00 $ 96.17 $ 480.85 14 SILT FENCE LF 240 $ 4.50 $ 1,080.00 $ 4.11 $ 986.40 15 EROSION/WATER POLLUTION 4SY 1 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 CONTROL 16 SEEDING AND FERTILIZING BY515 $ 8.00 $ 4,120.00 $ 2.48 $ 1,277.20 HAND17 TOPSOIL TYPE A 275 $ 8.00 $ 2,200.00 $ 17.02 $ 4,680.50 18 CEMENT CONC.TRAFFIC CURBLF 461 $ 40.00 $ 18,440.00 $ 47.10 $ 21,713.10 &GUTTER 19 CEMENT CONC.TRAFFIC CURB LF 13 $ 100.00 $ 1,300.00 $ 296.40 $ 3,853.20 20 PAINT LINE LF 470 $ 0.70 1$ 329.00 $ 7.61 $ 3,576.70 BID TABULATION SHEET RC WALSH&COMPANY PROJECT.BELFAIR SIDEWALKS-OLD BELFAIR HWY 7045 38TH LANE NW BID OPENING:OCT 26,2018 OLYMPIA,WA 98502 CRP 2009 ENGINEER'S ESTIMATE BIDDER NO: 9 BOND/ADD? YES ITEM ITEM UNIT PLAN UNIT ESTIMATE UNIT ESTIMATE NO. DESCRIPTION QUANTITY PRICE TOTAL PRICE TOTAL 21 PROJECT TEMPORARY TRAFFIC LS 1 $ 6,400.00 $ 6,400.00 $ 13,213.98 $ 13,213.98 CONTROL 22 TRAFFIC CONTROL LS 1 $ 6,000.00 $ 6,000.00 $ 67.75 $ 87.75 SUPERVISOR 23 CONSTRUCTION SIGNS SF 77 $ 25.00 $ 1,925.00 $ 55.11 $ 4,243.47 CLASS A 24 STRUCTURE EXCAVATION CY 65 $ 18.00 $ 1,170.00 $ 73.96 $ 4,807.40 CLASS B INCL.HAUL 25 LICENSED SURVEYING EST 1 $ 4,000.00 $ 4,000.00 $ 4,000.00 $ 4,000.00 26 CEMENT CONC.SIDEWALK SY 265 $ 80.00 $ 21,200.00 $ 93.34 $ 24,735.10 27 CEMENT CONC.DRIVEWAY SY 55 $ 115.00 $ 61325.00 $ 135.80 $ 7,469.00 ENTRANCE TYPE 1 28 CEMENT CONC.DRIVEWAY SY 104 $ 115.00 $ 11,960.00 $ 126.45 $ 13,150.80 ENTRANCE TYPE 3 29 CENEMENT CONC.CURB RAMP EACH 1 $ 5,000.00 $ 5,000.00 $ 3,889.08 $ 3,889.08 TYPE A 30 CEMENT CONC.CURB RAMP EACH 3 $ 5,000.00 $ 15,000.00 $ 2,154.36 $ 6,463.08 TYPE B 31 DETECTABLE WARNING SF 122 $ 85.00 $ 10,370.00 $ 60.41 $ 7,370.02 SURFACE 32 CHAIN LINK FENCE TYPE 4 LF 94 $ 55.00 $ 5,170.00 $ 78.26 $ 7,356.44 33 ROADSIDE CLEANUP EST 1 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 34 ADJUST VALVE BOX EACH 2 $ 600.00 $ 1,200.00 $ 452.91 $ 905.82 35 SPCC PLAN LS 1 $ 500.00 $ 500.00 $ 336.96 $ 336.96 36 ADJUST WATER METER BOX EACH 3 $ 600.00 $ 1,800.00 $ 337.24 $ 1,011.72 37 ADJUST SEWER CLEANOUT EACH 4 $ 600.00 $ 2,400.00 $ 339.42 1 $ 1,357.68 TOTALS $ 179,064.28 $ 230,728.89 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: November 5, 2018 PREVIOUS BRIEFING DATE: ITEM: NEWS RELEASE: Hoodsport and Belfair Drop Box Stations 2 -hours Delay on November 30, 2018 for Staff Training EXECUTIVE SUMMARY: Mason County Public Works Staff are required to complete FEMA ICS 100 and 700 training. Employees with easy access to computers can complete this online. Solid Waste Staff at the transfer station and drop box facilities do not have easy access or the time during a normal day to complete this training. Ross McDowell has offered to complete this training with two classes on Friday November 30t�' at 7:30 AM and another class at 10 AM. Solid Waste and Utilities staff will be taking these classes. By having two classes we can rotate staff and make sure the Eells Hill Transfer Station opens up at normal time and our utility work gets done for the day. But we need to open up the Hoodsport and Belfair Drop Box Stations two hours late to allow time for staff to get there. Cost Impact to the County Delaying the opening of these facilities by 2 hours for 1 day will not impact revenues or expenses for the Solid Waste Fund #402. RECOMMENDED OR REQUESTED ACTION: Recommend the Board approve the delayed opening of Belfair and Hoodsport Drop Box Stations by 2 hours on Friday November 30, 2018. The opening hours for that day will be 11 AM — 4 PM. We will provide notice to customers via the attached news release, County website, facebook and on-site posters. Attachment: News Release Briefing Summary NEWS RELEASE November 13, 2018 MASON COUNTY COMMISSIONERS 411 NORTH 5T" ST SHELTON, WA 98584 (360) 427-9670 EXT. 419 TO: KMAS, KRXY, SHELTON-MASON COUNTY JOURNAL, THE OLYMPIAN, SHELTON CHAMBER OF COMMERCE, NORTH MASON CHAMBER OF COMMERCE, CITY OF SHELTON, ECONOMIC DEVELOPMENT COUNCIL, THE SUN RE: Hoodsport and Belfair Drop Box Stations Closed November 30th, 2018 from 9:OOAM-11:OOAM Mason County's Hoodsport and Belfair Drop Box Stations will be closed for business Friday, November 30, 2018 from 9AM to 11 AM. The Department of Emergency Management will be conducting NIMS training at the County Public Works building for solid waste staff. The Department of Homeland Security created NIMS as a requirement under Homeland Security Presidential Directive 5. NIMS provides the framework for organizations to work together to prepare for, protect against, respond to and recover from the entire spectrum of all-hazard events. Federal grant funds from several programs are dependent upon the County being NIMS compliant. Residents may consider using the Eells Hill Transfer Station as an alternative disposal and recycling drop off during the two-hour closure. If you have any question or concern, please contact Bart Stepp or Zach Foster at (360) 427-9670, Belfair (360) 275-4467 or Elma (360) 482-5269, Ext. 199 BOARD OF MASON COUNTY COMMISSIONERS Randy Neatherlin Terri Drexler Kevin Shutty Chair Vice Commissioner Commissioner MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Jerry W. Hauth, Director/County Engineer Sarah Grice Engineering and Construction Mana er DEPARTMENT: Public Works EXT: 450 BRIEFING DATE: November 5, 2018 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEM: On-Call Consultant Services EXECUTIVE SUMMARY: For the past several years, the Board has authorized Public Works to use the County MRSC Consultant Roster to select and enter into multiple two-year agreements for on-call services, as needed. We anticipate Structural, Geotechnical, Hydraulic, and Engineering and Construction services to be required during the 2019-2020 calendar years for various locations across the county for county road projects and other Public Works activities; including emergencies. At this time, Public Works would like authorization to use the County MRSC Consultant Roster to select and enter into agreements for these services. BUDGET IMPACTS: With the anticipation of these services being required for most of our upcoming Public Works projects; we would like the maximum amount for each of these services not to exceed $200,000 over the two-year period; to cover the known county road project needs and any unanticipated events. Cost will be incurred for specific projects and events in compliance with an approved budget. These services have been budgeted in the Public Works budget. Recommended Action: Recommend the Board authorize Public Works to select and the County Engineer to sign the agreements for Structural, Geotechnical, Hydraulic, and Engineering and Construction services, as needed for 2019-2020 calendar years from the County MRSC Consultant Roster. The maximum pay-out for each service agreement is not to exceed $200,000. MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Jerry W. Hauth, RE, Director/County Engineer Loretta Swanson, Technical Services Manager DEPARTMENT: Public Works EXT: 450 BRIEFING DATE: November 5, 2018 PREVIOUS BRIEFING DATES: (If this is a follow-up briefing,please provide only new information,) ITEM: Private Line Occupancy Permit for Steve & Ladonna Hawkins EXECUTIVE SUMMARY: Mr. & Mrs. Hawkins have applied for a Private Line Occupancy Permit to install underground lines for water and septic lines under and across North Shore Road. A recently remodel garage and shop is located at 12781 North Shore Road (parcel number 32234-50-00001) and as part of the remodel it will be necessary to add the water and septic transport line. The application fee has been paid to process the proposed Private Line Occupancy Permit for the benefitting tax parcel number 32234-50-00038. Recommended Action: Recommend the Board approve the Private Line Occupancy Permit granting permission to run a water and septic transport line under and across North Shore Road for parcel number 32234-50-00038. Attachments: PLO Exhibit 1 Briefing Summary IN THE MATTER OF THE APPLICATION OF Steve and Ladonna Hawkins FOR A PRIVATE LINE UTILITY OCCUPANCY PERMIT TO CONSTRUCT, OPERATE AND MAINTAIN water and septic transport line ALONG AND UNDER North Shore Road,A COUNTY MAINTAINED ROAD LOCATED IN MASON COUNTY,WASHINGTON Application of Steve and Ladonna Hawkins, with principal residence located at 12781 North Shore Road, Belfair WA, for a private line utility occupancy permit to construct, operate and maintain a private waterline under county roads and highways in Mason County,Washington,as set forth in attached Exhibit `B", having come before the County Commissioners of Mason County, Washington during a regularly scheduled public meeting, on the day of 2018,and that it is in the public interest to allow the private line utility occupancy permit herein granted; NOW THEREFORE,IT IS ORDERED that a non-exclusive private line utility occupancy permit be, and the same is hereby given and granted to operator, and its successors and assigns, hereinafter referred to as the"Permittee",for a period commencing from and after the date of the entry of this order for the purposes,at the location(s),and upon the express terms and conditions as described herein,and terminating as provided herein. I. DEFINITIONS For the purposes of this private line utility occupancy permit, terms, phrases, words, and their derivations not defined herein that are defined in Title 12 of the Mason County Code or the Manual on Accommodating Utilities in the Mason County Right-of-Way published by the County Engineer(the"Manual"),shall have the same meaning or be interpreted as provided in Title 12 of the Mason County Code or the Manual. Words not defined here,in Title 12 of the Mason County Code or the Manual shall have their ordinary meaning. A reference to Title 12 of the Mason County Code or the Manual refers to the same as may be amended,revised,updated,re-enacted or re-codified from time to time. II. GRANT The County of Mason(hereafter the"County")hereby grants to the Permittee a non-exclusive private line utility occupancy permit(hereinafter"Permit")which, once it becomes effective shall authorize the Permittee to enter upon the road rights-of-way located within the Permit Area for the purpose of maintaining,repairing,replacing,which grant shall be limited to the following described purpose(s): water line and septic transport line 1 Such grant is subject to and must be exercised in strict accordance with and subject to this Permit, Title 12 of the Mason County Code,the Manual and all applicable laws,rules, regulations and ordinances. Permittee's exercise of any rights granted pursuant to the Permit is subject to the exercise of the County's police powers, and other regulatory powers as it may have or obtain in the future. No rights shall pass to the Permittee by implication. This Permit does not include permission to enter into or upon the road rights-of-way for any purposes others than the purposes expressly described herein. Permittee has a duty to notify the County of any change in use or condition of the utility facilities that may affect the status of the utility facilities as (a) private line(s)or the impact of the utility facilities upon the road rights-of-way. M. UTILITY PERMIT REQUIRED Permittee shall not commence or perform work to install, construct, maintain repair, replace adjust,connect,disconnect,rebuild,or relocate its utility facilities within the road rights-of-way (hereafter collectively or individually the "Work"), without first applying for, paying all associated fees, and obtaining a utility permit as required pursuant to Title 12 of the Mason County Code. In any utility permit so issued, the County may impose, as a condition of the granting the utility permit,such conditions and regulations as may be necessary for the protection, preservation and management of the road rights-of-way, including,by way of example and not limitation, for the purpose of protecting any structures in the road rights-of-way, maintaining proper distance from other utilities,ensuring the proper restoration of such road rights-of-way and structures,and for the protection of the County and the public and the continuity of pedestrian and vehicular traffic. Permittee shall first file with the County Engineer its application for a utility permit to do such Work together with plans and specifications showing at a minimum: A. The position, depth and location of all such utility facilities sought to be constructed, laid, installed or erected at that time, showing their relative position to existing county roads, rights-of-way or other county property upon plans drawn to scale,hereinafter collectively referred to as the"map of definite location; B. The class and type of material and equipment to be used, manner of excavation, construction, installation, backfill, erection of temporary structures, erection of permanent structures,traffic control,traffic turnouts and road obstructions; C. The manner in which the utility facility is to be installed; D. Measures to be taken to preserve safe and free flow of traffic; E. Structural integrity of the roadway,bridge,or other structure; F. Specifications for the restoration of the county road, right-of-way or other county property in the event that the road right of way will be disturbed by the Work; and 2 easement lines;relationship to currently planned road revisions,if applicable; and all locations and situations for which deviations in depth of cover (including the proposed method of protection)or other locational standards that are anticipated; C. All Work subject to this Permit shall be done in such a manner as not to interfere, other than in ways approved by the County,with the construction,operation and maintenance of other utilities, public or private, drains, drainage ditches and structures, irrigation ditches and structures,located therein,nor with the grading or improvements of such County roads,rights-of- way or other County property; D. The owners and operators of all utility facilities (public or private) installed in the Permit Area or other county property prior in time to the utility facilities of the Permittee, shall have preference as to the alignment and location of such utilities so installed with respect to the Permittee. Such preference shall continue in the event of the necessity of relocating or changing the grade of any such county road or right-of-way; E. Permittee shall perform the Work and operate its utility facilities in a manner that minimizes interference with the use of the road rights-of-way by others,including others that may be installing utility facilities;and F. The County may require that Permittee's utility facilities be installed at a particular time,at a specific place,or in a particular manner as a condition of access to a particular road or road right-of-way; may deny access if a Permittee is not willing to comply with the County's requirements; and may remove, or require removal of,any utility facility that is not installed in compliance with the requirements established by the County,or which is installed without prior County approval of the time,place,or manner of installation and charge the Permittee for all the costs associated with removal; and may require Permittee to cooperate with others to minimize adverse impacts on the road and road rights-of-way through joint trenching and other arrangements. G. The County may inspect the utility facilities at any time reasonable under the circumstances to ensure compliance with this Permit and applicable law,including to ensure that the private line utility facilities are constructed and maintained in a safe condition. If an unsafe condition is found to exist,the County, in addition to taking any other action permitted under applicable law,may order the Permittee,in writing,to make the necessary repairs and alterations specified therein forthwith to correct the unsafe condition on a time-table established by the County which is reasonable in light of the unsafe condition. The County has the right to correct, inspect,administer,and repair the unsafe condition if the Licensee fails to do so,and to charge the Permittee therefor. The right of the County to conduct such inspections and order or make repairs shall not be construed to create an obligation therefore, and such obligation to construct and maintain its utility facilities in a safe condition shall at all times remain the sole obligation of the Permittee. 4 H. When required by the County,Permittee shall make information available to the public regarding any Work involving the ongoing installation, construction, adjustment, relocation, repair or maintenance of its utility facilities sufficient to show(1)the nature of the work being performed;(2)where it is being performed;(3)its estimated completion date;and(4)progress to completion. I. PERMITTEE IS PLACED ON NOTICE THAT FIBER OPTIC COMMUNICATIONS, POWER, CONTROL SYSTEMS, OTHER TYPES OF CABLES AND PIPELINES MAY BE BURIED ON THE RIGHT OF WAY. Before beginning any underground work,Permittee will contact the appropriate personnel to have such facilities located and make arrangements as to protective measures that must be adhered to prior to the commencement of any work within the road and road rights-of-way. In addition to the liability terms elsewhere in this Agreement, Permittee shall indemnify and hold the County and its elected and appointed officers,employees and agents harmless against and from all cost, liability, and expense whatsoever (including, without limitation, attorney's fees and court costs and expenses) arising out of or in any way contributed to by any act or omission of Permittee,its contractor,agents and/or employees,that cause or in any way or degree contribute to(1)any damage to or destruction of any such facilities by Permittee,and/or its contractor, agents and/or employees,on the County's property, (2)any injury to or death of any person employed by or on behalf of any entity, and/or its contractor, agents and/or employees,on the road rights-of-way, and/or(3)any claim or cause of action for alleged loss of profits or revenue,or loss of service,by a customer or user of services or products of such company(ies). J. Permittee shall continuously be a member of the State of Washington one number locator service under RCW 19.122, or an approved equivalent, and shall comply with all such applicable rules and regulations. K. Except in the event of emergency as described below,Permittee and its agents may not enter upon the permit area to perform work for which a utility permit is required, unless and except upon two-business days notice to the County Engineer. L. In the event of an emergency involving the threat of imminent harm to persons or property, and for purposes of taking immediate corrective action, Permittee and its agents may enter the Permit Area without advance notice to the County as long as such entry is for the sole purpose of addressing the emergency; provided however, that if any entry for such purposes would require issuance of a utility permit,Permittee shall give the County verbal or telephonic notice of the places where and the manner in which entry is required prior to such entry,promptly followed by written notice. In all cases,notice to the County shall be given as far in advance as practical prior to entry or as soon as practicable after entry upon the road right-of-way. M. Permittee shall promptly reimburse the County for its reasonable and direct costs incurred in responding to an emergency that is caused,created by or attributable to the presence, construction,maintenance,repair,or operation of Permittee's utility facilities in the road rights- of-way. 5 G. Provision for ease of future road maintenance and appearance of the roadway. Provision shall be made for known or planned expansion of the utility facilities,particularly those located underground or attached to bridges or other structures within the road right-of-way. The location,alignment and depth of the utility facilities shall conform with said map of definite location, except in instances in which deviation may be allowed thereafter in writing by the County Engineer pursuant to application by Permittee. All such Work shall be subject to the approval of and shall pass the inspection of the County Engineer. The Permittee shall pay all costs of and expenses incurred in the examination, inspection and approval of such work on account of granting the said utility permits. IV. RESTORATION OF ROAD RIGHT OF WAY In any Work which disturbs or causes damage to the road rights-of-way subject to this Permit, public or private property,the Permittee shall at its own expense and with all convenient speed, complete the work to repair and restore the county road right-of-way, or the public or private property so disturbed or damaged,and leave the same in as good or better condition as before the Work was commenced, to the reasonable satisfaction of the County Engineer. The Permittee shall pay all costs of and expenses incurred in the examination,inspection and approval of such restoration or repair. The County Commissioners and/or County Engineer may at any time do,order or have done any and all work that they consider necessary to restore to a safe condition such County road right-of- way or other County property left by the Permittee or its agents in a condition dangerous to life or property, and the Permittee,upon demand, shall pay to the County all costs of such work. V. PERMITTEE WORK IN RIGHT OF WAY Permittee expressly agrees and understands that,with regard to Work within the road rights-of- way: A. All of Permittee's utility facilities and Work within the road rights-of-way or other County property shall be performed in compliance with the provisions of Title 12 MCC, the Manual,the administrative regulations adopted by the County Engineer,other County-established requirements for placement of utility facilities in road rights-of-way, including the specific location of utility facilities in the road rights-of-way,and all applicable laws,rules,regulations and ordinances; B. In preparing plans and specifications for the Work the Permittee shall use the Manual. Prior to commencement of any Work,Permittee shall submit such plans and specifications to the County Engineer for review and approval together with the adequate exhibit depicting the existing or proposed location of the utility facility in relation to the road, including right-of-way or 3 N. If, during any Work, Permittee or its agents discover scientific or historic artifacts, Permittee or its agents shall immediately notify the County of said discovery and shall protect such artifacts in a manner as specified by the County. Any such artifact shall be the property of the County if the County wishes to own it. VI. PROTECTION OF PUBLIC All Work done under this Permit shall be done in a thorough and workman-like manner. In the performance of any Work,including without limitation,the opening of trenches and the tunneling under county roads,right-of way or other county property,the Permittee shall leave such trenches, ditches and tunnels in such a way as to interfere as little as possible with public travel and shall take all due and necessary precautions to guard the same,so that damage or injury shall not occur or arise by reason of such Work;and where any of such trenches,ditches and tunnels are left open at night, the Permittee shall place warning lights, barricades and other appropriate protective devices at such a position as to give adequate warning of such Work. The Permittee shall be liable for any injury to person or persons or damage to property sustained arising out of its carelessness or neglect,or through any failure or neglect to properly guard or give warning of any trenches, ditches or tunnels dug or maintained by the Permittee. VII. POLICE POWERS The County,in granting this Permit,does not waive any rights which it now has or may hereafter acquire with respect to county roads,rights-of-way or other county property and this Permit shall not be construed to deprive the county of any powers,rights or privileges which it now has or may hereafter acquire to regulate the use of and to control the county roads, right-of-way and other county property covered by this Permit. The County retains the right to administer and regulate activities of the Permittee up to the fullest extent of the law. The failure to reserve a particular right to regulate, or reference a particular regulation, shall not be interpreted by negative implication or otherwise to prevent the application of a regulation to the Permittee. VIII. RELOCATION Permittee shall, in the course of any Work, comply with the following requirements: A. The Permittee shall,by a time specified by the County,protect, support,temporarily disconnect,relocate,or remove any of its utility facilities when required by the County by reason of traffic conditions; public safety; road right-of-way construction; road right-of-way repair (including resurfacing or widening);change of road right-of-way grade;construction,installation, or repair of County-owned sewers, drains, water pipes, power lines, signal lines, tracks, communications system,other public work,public facility,or improvement of any government- owned utility; road right-of-way vacation; or for any other purpose where the County work involved would be aided by the removal or relocation of the utility facilities. Collectively, such matters are referred to below as the "public work." 6 Permittee acknowledges and understands that any delay by Permittee in performing the above described work may delay, hinder, or interfere with the work performed by the County and its contractors and subcontractors done in furtherance of such Public Work and result in damage to the County,including but not limited to,delay claims. Permittee shall cooperate with the County and its contractors and subcontractors to coordinate such Permittee work to accommodate the Public Work project and project schedules to avoid delay,hindrance of,or interference with the Public Work. The County shall make available to the Permittee a copy of the Six Year Transportation Program and the County's annual construction program after adoption each year. It is anticipated these programs will aid the Permittee in planning construction programs. B. Permittee has a duty to protect its utility facilities from work performed by the County within the road rights-of-way. The rights granted to the Permittee herein do not preclude the County,its employees,contractors,subcontractors,and agents from blasting,grading,excavating, or doing other necessary road work contiguous to Permittee's utility facilities;providing that,the Permittee shall be given a minimum of forty-eight(48)hours notice of said blasting or other work in order that the Permittee may protect its utility facilities. C. In the event of an emergency,or where the utility facility creates or is contributing to an imminent danger to health, safety,or property,the County may protect, support,temporarily disconnect, remove, or relocate any or all parts of the utility facility without prior notice, and charge the Permittee for costs incurred. D. If any Person that is authorized to place facilities in the road right of way requests the Permittee to protect,support,temporarily disconnect,remove,or relocate the Permittee's utility facilities to accommodate the construction, operation, or repair of the facilities of such other person, the Permittee shall, after 30 days' advance written notice, take action to effect the necessary changes requested; provided that, if such project is related to or competes with Permittee's service,or if the effect of such changes would be to permanently deprive Permittee of the beneficial enjoyment of this Permit for its intended purposes through interference with the operation of Permittee's utility facilities or otherwise,Permittee shall not be required to relocate its utility facilities. Unless the matter is governed by a valid contract or a state or federal law or regulation,or unless the Permittee's utility facilities were not properly installed,the reasonable cost of the same shall be borne by the Person requesting the protection, support, temporary disconnection,removal,or relocation at no charge to the County,even if the County makes the request for such action. E. The Permittee shall, on the request of any person holding a valid permit issued by a governmental authority,temporarily raise or lower its wires to permit the moving of buildings or other objects. The expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting the same. 7 The County of Mason will accept liability for direct and actual damages to said Permittee that are the result of the negligence of Mason County, its trustees, officers, employees, contractors, subcontractors or agents while performing County improvement or Public Works projects enumerated in Section VIII,paragraph B. Direct and actual damages are specifically limited to physical damage to properly installed and located infrastructure of the Permittee and the cost to repair such physical damage. Mason County retains the right to assert all applicable defenses in the event of a dispute including contributory_negligence on the partof the Permittee. Mason County shall in no way be liable for incidental damages claimed to arise from such actions. All Work to be performed by the Permittee under this section shall pass the inspection of the County Engineer. The Permittee shall pay all costs of and expenses incurred in the examination, inspection and approval of such work. 1X. PRESERVATION OF MONUMENTS/MARKERS Before any Work is performed under this permit which may affect any existing monuments or markers of any nature relating to subdivisions,plats,roads and all other surveys,the Permittee shall reference all such monuments and markers. The reference points shall be so located that they will not be disturbed during the Permittee's Work and operations under this Permit. The method of referencing these monuments or other points to be referenced shall be approved by the County Engineer. The replacement of all such monuments or markers disturbed during construction shall be made as expeditiously as conditions permit in accordance with RCW 58.24 and WAC 332-120, and as directed by the County Engineer. The cost of monuments or other markers lost,destroyed,or disturbed, and the expense of replacement by approved monuments shall be borne by the Permittee. A complete set of reference notes for monument and other ties shall be filed with the office of the Mason County Engineer. X. VACATION OF ROAD RIGHT-OF-WAY If at any time the County shall vacate any County road or right-of-way or other County Property which is subject to rights granted by this Permit and said vacation shall be for the purpose of acquiring the fee or other property interest in said road or right-of-way for the use of the County, in either its proprietary or governmental capacity, then the Board of Mason County Commissioners may,at its option,and by giving thirty(30)days written notice to the Permittee, terminate this Permit with reference to such county road right-of-way or other County property so vacated,and the County of Mason shall not be liable for any damages or loss to the Permittee by reason of such termination. It has been the practice of Mason County to reserve easements for utilities at the time of road vacation,and will continue to be the practice until such time the Board of Mason County Commissioners direct a change of practice. 8 XI. FINANCIAL SECURITY A. Insurance It is intended that the following insurance requirements shall apply to the person performing the Work in the road right-of-way. Permittee and Permittee's contractors shall not perform or cause to be performed any Work, unless and until Permittee (to the extent Permittee performs any of the Work in the road right-of-way) or its contractors (to the extent Permittee's contractor performs any of the Work in the road right-of-way)provide certificates of insurance evidencing that Permittee or Permittee's contractors are in compliance with the following requirements,including,maintaining insurance in at least in the following amounts: 1.COMMERCIAL GENERAL LIABILITY insurance to cover liability,bodily injury,and property damage. The Commercial General Liability insurance shall be written on an occurrence basis, with an aggregate limit location endorsement for the Permit Area, and shall provide coverage for any and all costs,including defense costs,and losses and damages resulting from personal injury,bodily injury and death,property damage,products liability and completed operations arising out of the Work. Coverage must be written with the following limits of liability: Bodily and Personal In &Property Damage $ 1,000,000 per Occurrence $ 2,000,000 aggregate 2 WORKERS'COMPENSATION insurance shall be maintained by Permittee's contractor to comply with statutory limits for all employees,and in the case any work is sublet, the contractor shall require its subcontractors similarly to provide workers' compensation insurance for all the employees. 3.COMPREHENSIVE AUTO LIABILITY insurance shall include owned,hired, and non-owned vehicles on an occurrence basis with coverage of at least $500,000 per occurrence. The required insurance shall be maintained from the time that Work in the road right-of-way commences until the Work is complete and the utility permit issued for said Work has been released by the County Engineer,or his or her designee. If the Permittee or its contractors and subcontractors do not have the required insurance, the County may require such entities to stop operations until the insurance is obtained and approved. Permittee shall, or shall cause its contractors to, file with the application for a utility permit, certificates of insurance reflecting evidence of the required insurance in a form and content approved by the County's Risk Manager. All coverage shall be listed on one certificate with the same expiration dates. 9 The certificates shall contain a provision that coverages afforded under these policies will not be canceled until at least 30 days'prior written notice has been given to the County. In the event that the insurance certificate provided indicates that the insurance shall terminate or lapse during the period of the Work,then, in that event,the Permittee shall furnish,at least 30 days prior to the expiration of the date of such insurance, a renewed certificate of insurance as proof that equal and like coverage has been or will be obtained prior to any such lapse or termination during the balance of the period of the Permit. The County reserves the right, during the term of the Permit, to require any other insurance coverage or adjust the policy limits as it deems reasonably necessary utilizing sound risk management practices and principals based upon the loss exposures. Each insurance policy required pursuant to this Permit shall be primary and non-contributing as respects any coverage maintained by the County and shall include an endorsement reflecting the same. Any other coverage maintained by County shall be excess of this coverage herein defined as primary and shall not contribute with it. The certificate of insurance must reflect that the above wording is included in all such policies. Each insurance policy obtained pursuant to this Permit shall be issued by financially sound insurers who may lawfully do business in the State of Washington with a financial rating at all times during coverage of no less than rating of"A" and a class of"X" or better in the latest edition of"Best's Key Rating Guide"published by A.M.Best Company,or such other financial rating or rating guide approved in writing by the County's risk manager. In the event that at any time during coverage,the insurer does not meet the foregoing standards,Permittee shall give or shall cause its contractors to give prompt notice to the County and shall seek coverage from an insurer that meets the foregoing standards. The County reserves the right to change the rating or the rating guide depending upon the changed risks or availability of other suitable and reliable rating guides. Comprehensive general liability insurance policies and coverage obtained pursuant to this Permit shall include an endorsement(standard ISO form CG 24-17)deleting all exclusions for work or incidents occurring within any distance from a railroad track or railroad property,or on,over,or under a railroad track. Insurance policies required pursuant to this Permit shall have no non-standard exclusions unless approved of by the County Risk Manager or designee. Commercial general liability insurance policies obtained pursuant to this Permit shall name the County as an additional insured without limitation,pursuant to an endorsement approved of by the County's Risk Manager or designee. Permittee or Permittee's Contractors' insurers, through policy endorsement, shall waive their rights of subrogation against the County for all claims and suits. The certificate of insurance must reflect this waiver of subrogation rights endorsement. 10 B. Contractor Bond. All contractors performing Work on behalf of Permittee shall be licensed and bonded. C. Limitation of Liability. to the fullest extent permitted by law, permittee shall, and shall cause its contractor(s) only as to subsection(9) below,to release, indemnify, defend and hold harmless the county and the county's legal representatives,officers(elected or appointed), employees and agents (collectively, "indemnitees") for, from and against any and all claims, liabilities, fines, penalties, costs, damages, losses, liens, causes of action, suits, demands, judgments and expenses(including,without limitation,court costs,attorneys' fees,and costs of investigation, removal and remediation and governmental oversight costs), environmental or otherwise (collectively"liabilities")of any nature,kind,or description, of any person or entity, directly or indirectly, arising out of, resulting from,or related to (in whole or in part): 1. this permit; 2. any rights or interests granted pursuant to this permit; 3. permittee's occupation and use of the road right of way; 4. permittee's operation of its utility facilities; 5. the presence of utility facilities within the right of way; 6. the environmental condition and status of the road right-of-way caused by, aggravated by, or contributed to, in whole or in part,by permittee or its agents;or 7. the acts,errors,or omissions of third parties when arising out of the,installation, construction, adjustment,relocation, replacement,removal, or maintenance of such third party utility facilities within the road rights-of-way when such work is performed under authority of the operator's utility permit or at the direction or under the control of the operator; or 8. any act or omission of permittee or permittee's agents;or 9.any act or omission of contractor or its employees, agents,or subcontractors when arising out of the work. Even if such liabilities arise from or are attributed to,in whole or in part,any negligence of any indemnitee. The only liabilities with respect to which permittee's obligation to indemnify the indemnitees does not apply are liabilities to the extent proximately caused by the sole negligence or intentional misconduct of an indemnitee or for liabilities that by law the indemniteees cannot be indemnified for. 11 Upon written notice from the county,permittee agrees to assume the defense of any lawsuit or other proceeding brought against any indemnitee by any entity,relating to any matter covered by this permit for which permittee has an obligation to assume liability for and/or save and hold harmless any indemnitee. Permittee shall pay all costs incident to such defense,including,but not limited to,attorneys'fees,investigators'fees,litigation and appeal expenses,settlement payments and amounts paid in satisfaction of judgments. Permittee will fully satisfy said judgment within ninety (90) days after said suit or action shall have finally been determined if determined adversely to mason county. upon the permittee's failure to satisfy said judgment within the ninety (90)day period,this permit shall at once cease and terminate and the county of mason shall have a lien upon permittee's utility facilities and all other facilities used in the construction,operation and maintenance of the permittee's utility system which may be enforced against the property for the full amount of any such judgment so taken against any of the indemnitees Acceptance by the County of any Work performed by the Permittee at the time of completion shall not be grounds for avoidance of this covenant. XII. PERMIT NONEXCLUSIVE This Permit shall not be deemed to be an exclusive Permit. It shall in no manner prohibit the County of Mason from granting rights to other utilities under,along,across,over and upon any of the County roads,rights-of-way or other County property subject to this Permit and shall in no way prevent or prohibit the County of Mason from constructing, altering,maintaining or using any of said roads rights-of-way,drainage structures or facilities,irrigation structures or facilities, or any other county property or affect its jurisdiction over them or any part of them with full power to make all necessary changes, relocations, repairs, maintenance, etc., the same as the County may deem fit. XIII. SUCCESSORS AND ASSIGNS All the provisions, conditions, regulations and requirements herein contained shall be binding upon the successors and assigns of the Permittee and all privileges,as well as all obligations and liability of the Permittee, shall inure to its successors and assigns equally as if they were specifically mentioned wherever the Permittee is mentioned. Any reference in this Permit to a specifically named party shall be deemed to apply to any successor,heir,administrator,executor or assign of such party who has acquired its interest in compliance with the terms of this Permit or under law. XIV. TRANSFER/ASSIGNMENT Permittee may assign or transfer this Permit by contacting the County of Mason to obtain an Assignment Agreement. The Agreement must be signed and delivered back to the County of Mason. Assignees shall thereafter be responsible for all obligations of Permittee with respect to the Permit and guaranteeing performance under the terms and conditions of the Permit and that transferee will be bound by all the conditions of the Permit and will assume all the obligations of its predecessor. Such an assignment shall relieve the Permittee of any further obligations under 12 the Permit, including any obligations not fulfilled by Permittee's assignee; provided that, the assignment shall not in any respect relieve the Permittee, or any of its successors in interest,of responsibility for acts or omissions,known or unknown,or the consequences thereof,which acts or omissions occur prior to the time of the assignment. No Permit may be assigned or transferred without filing or establishing with the county the insurance certificates, security fund and performance bond as may be required pursuant to this Permit. XV. ANNEXATION Whenever any of the County road rights-of-way or other county property as designated in this Permit,by reason of the subsequent incorporation of any town or city,or extension of the limits of any town or city, shall fall within the city or town limits;then, except to the extent allowed by law,this Permit shall terminate in respect to the said roads,rights-of-way or other county property so included with city or town limits;but this Permit shall continue in force and effect to all county road rights-of-way or other county property not so included in city or town limits. XVI. TERM/TERMINATION/REMEDIES A. Term. This Permit shall commence upon acceptance by the Permittee as provided at Section XVIII herein and continue in PERPETUITY until terminated or otherwise superseded by a subsequent franchise, private line utility occupancy permit, master road use permit or other agreement of the Parties. In the event that it is determined by a court of competent jurisdiction that,as a matter or law,the term provided for herein is unlawful,this Permit shall be deemed to have a term for the maximum period allowed by law,and if no such maximum period is readily and easily capable of being identified, for a term of not longer than fifty(50)years. B. Termination by County. Permittee has elected to obtain a Permit in lieu of a franchise agreement. Permittee understands and agrees that, unlike a franchise, this Permit may be terminated by the County with or without cause. This means that the County is not required to have or provide a reason for the termination and that the County may terminate this Permit in its sole discretion without penalty to the County and regardless of whether or not Permittee is or is not in default; provided that, the County may not terminate this Permit for a reason that is unlawful. The Parties agree that the only condition of termination by the County of this Permit is that the County must give not less than ninety (90) days written notice to the Permittee of termination. The County Engineer is authorized to exercise the right of the County to terminate this Permit. C. Termination upon Transfer/Assignment/Conveyance. This Permit shall automatically terminate upon: (1)assignment of the Permit without the prior written consent of the County in substantially the form of an Assignment Agreement (obtained by request), (2) transfer of the utility facilities located with the Permit Area without prior written notice to the County and mutual acceptance of an assignment of the Permit,(3)conveyance of the real property or any part thereof benefited by the installation and operation of the utility facilities without prior written notice to the County and mutual acceptance of an assignment of the Permit, or (4) use of the 13 utility facilities for the benefit of persons other than the owner/operator in a manner that no longer constitutes a de-minimis use of the road right-of-way. D. Termination upon Removal of Utility Facilities. This Permit and all of the rights, duties and obligations contained herein, shall terminate upon removal of all Permittee utility facilities from the road right-of-way or abandonment and de-commissioning in place to the reasonable satisfaction of and in the manner approved by the County Engineer and restoration of the road right-of way to the satisfaction of the County Engineer. E. Effect of Termination. On or before the effective date of termination or as otherwise mutually agreed to by the Parties,Permittee shall remove its utility facilities from the road rights- of-way and restore the road rights-of-way to the reasonable satisfaction of the County Engineer. In lieu of removal, the County Engineer may authorize abandonment in place and de- commissioning of the utility facilities in the manner approved by and to the reasonable satisfaction of the County Engineer. In the event that the Permittee fails to timely and completely perform such work,the County may perform or complete such work at the cost of the Permittee and Permittee shall be obligated to reimburse the County for such work within 30 days of invoice by the County. F. Remedies. In addition to the right of the County to terminate this Permit,the County has the right to exercise any and all of the following remedies, singly or in combination, in the event of Default. "Default"shall mean any failure of Permittee or its agents to keep,observe or perform any of Permittee's or its agent's duties or obligations under this Permit: 1. Damages. Permittee shall be liable for any and all damages incurred by County. 2. Specific Performance. County shall be entitled to specific performance of each and every obligation of Permittee under this Permit without any requirement to prove or establish that County does not have an adequate remedy at law. Permittee hereby waives the requirement of any such proof and acknowledges that County would not have an adequate remedy at law for Permittee's commission of an Event of Default hereunder. 3. Injunction. County shall be entitled to restrain, by injunction, the actual or threatened commission or attempt of an Event of Default and to obtain a judgment or order specifically prohibiting a violation or breach of this Permit agreement without, in either case, being required to prove or establish that County does not have an adequate remedy at law. Permittee hereby waives the requirement of any such proof and acknowledges that County would not have an adequate remedy at law for Permittee's commission of an Event of Default hereunder. 4. Alternative Remedies. Neither the existence of other remedies identified in this Permit nor the exercise thereof shall be deemed to bar or otherwise limit the right of the County to commence an action for equitable or other relief and/or proceed against Permittee and any guarantor for all direct monetary damages, costs and expenses arising from the Default and to recover all such damages,costs and expenses,including reasonable attorneys'fees.Remedies are 14 cumulative;the exercise of one shall not foreclose the exercise of others. XVII. SUBSEQUENT ACTION The County reserves for itself the right at any time upon ninety(90) days written notice to the Permittee, to so change, amend, modify or amplify any of the provisions or conditions herein enumerated to conform to any state statute or county regulation,relating to the public welfare, health, safety or highway regulation, as may hereafter be enacted, adopted or promulgated. XVIII. ACCEPTANCE Permittee shall execute and return to County a signed acceptance of the Permit granted hereunder. The acceptance shall be in the form of the acceptance attached hereto as Exhibit "A", and in accepting the Permit,Permittee warrants that it has carefully read the terms and conditions of this Permit and accepts all of the terms and conditions of this Permit and agrees to abide by the same and acknowledges that it has relied upon its own investigation of all relevant facts,that it has had the assistance of counsel or an opportunity to have assistance of counsel,that it was not induced to accept a Permit,that this Permit represents the entire agreement between the Permittee and the County.In the event the Permittee fails to submit the acceptance as provided for herein within the time limits set forth in this section,the grant herein is and shall become null and void. M. RECORDING OF MEMORANDUM OF PERMIT The Parties agree that a"Memorandum of Permit" in substantially the form attached hereto as Exhibit`B",shall be filed for record with the Office of the Mason County Auditor upon written acceptance by the Permittee. The cost and expense of such filing shall be borne by the Permittee if not already included in the fee for issuance of this Permit. Notwithstanding the foregoing,this Permit is not intended nor shall it be construed to create an interest in land or constitute the grant or conveyance of a real property interest by the County to the Permittee. The requirements of this Section XIX are intended solely to provide notice of the existence of this Permit and the terms and conditions there under,including inter-alia,the limitations upon assignment of the Permit. Permittee shall at the time of its acceptance of this Permit identify the assessor's tax identification number of the parcel or parcels benefited by this Permit and a legal description of each such parcel to be included in the Memorandum of Permit. XX. MISCELLANEOUS PROVISIONS A. Controlling Law/Venue. Any disputes concerning the application or interpretation of any of the provisions of this Permit shall be governed by the laws of the State of Washington. Venue of any action or arbitration brought under this Permit shall be in Mason County, Washington or the Western District of Washington if an action is brought in federal court, provided;however,that venue of such action is legally proper. 15 B. Liens. Permittee shall promptly pay and discharge any and all liens arising out of any Work done, suffered or permitted to be done by Permittee on any Permit area. C. Waiver. No waiver by either party of any provision of this Permit shall in any way impair the right of such party to enforce that provision for any subsequent breach,or either party's right to enforce all other provisions of this Permit. D.Attorney's Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Permit, the substantially prevailing Party or Parties shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which such Party or Parties may be entitled. E. Amendment. This Permit may be amended only by a written contract signed by authorized representatives of Permittee and County of Mason. F. Severability. If any provision of this Permit is held to be illegal, invalid or unenforceable under present or future laws,such provision will be fully severable and this Permit will be construed and enforced as if such illegal,invalid or unenforceable provision is not a part hereof, and the remaining provisions hereof will remain in full force and effect. In lieu of any illegal, invalid or unenforceable provision herein, there will be added automatically as a part of this Permit, a provision as similar in its terms to such illegal,invalid or unenforceable provision as may be possible and be legal, valid and enforceable. G. Joint'and Several Liability. Permittee acknowledges that, in any case in which Permittee and Permittee's contractors are responsible under the terms of this Permit, such responsibility is joint and several as between Permittee and any such Permittee's contractors; provided that,the Permittee is not prohibited from allocating such liability as a matter of contract. H. Notices. Any notice contemplated, required, or permitted to be given under this Permit shall be sufficient if it is in writing and is sent either by: (a) registered or certified mail, return receipt requested; or (b) a nationally recognized overnight mail delivery service, to the Party and at the address specified below, except as such Party and address may be changed by providing no less than thirty(3 0) days' advance written notice of such change in address. Permittee: S teJc 4 Attn: Grantor: Mason County Public Works 100 W. Public Works Drive Shelton, WA 98 16 I. Approvals. Nothing in this Permit shall be deemed to impose any duty or obligation upon the County to determine the adequacy or sufficiency of Permittee's plans and specifications or to ascertain whether Permittee's proposed or actual construction, installation, testing, maintenance,repairs,replacement,relocation,adjustment or removal is adequate or sufficient or in conformance with the plans and specifications reviewed by the County. No approval given, inspection made,review or supervision performed by the County pursuant to this Permit shall constitute or be construed as a representation or warranty express or implied by County that such item approved, inspected, or supervised,complies with laws,rules regulations or ordinances or this Permit or meets any particular standard,code or requirement,or is in conformance with the plans and specifications,and no liability shall attach with respect thereto.County and inspections as provided herein, are for the sole purpose of protecting the County's rights as the owner and manager of the road rights-of-way and shall not constitute any representation or warranty,express or implied, as to the adequacy of the design, construction, repair, or maintenance of the utility facilities, suitability of the permit area for construction, maintenance, or repair of the utility facilities, or any obligation on the part of the County to insure that work or materials are in compliance with any requirements imposed by a governmental entity. County is under no obligation or duty to supervise the design, construction, installation, relocation, adjustment, realignment,maintenance,repair, or operation of the utility facilities. J. Force Majeure. Neither Party hereto shall be liable to the other Party for any failure to perform an obligation set forth herein to the extent such failure is caused by war,act of terrorism or an act of God, provided that such Party has made and is making all reasonable efforts to perform such obligation and minimize any and all resulting loss or damage. K. Construction. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the Party or Parties may require. The provisions of this Permit shall be construed as a whole according to their common meaning, except where specifically defined herein, not strictly for or against any party and consistent with the provisions contained herein in order to achieve the objectives and purposes of this Permit. L. Incorporation by Reference. All exhibits annexed hereto at the time of execution of this Permit or in the future as contemplated herein,are hereby incorporated by reference as though fully set forth herein. M. Calculation of Time. All periods of time referred to herein shall include Saturdays, Sundays, and legal holidays in the State of Washington,except that if the last day of any period falls on any Saturday, Sunday, or legal holiday in the State of Washington,the period shall be extended to include the next day which is not a Saturday,Sunday,or legal holiday in the State of Washington. 17 N. Entire Agreement. This Permit is the full and complete agreement of County and Permittee with respect to all matters covered herein and all matters related to the use of the Permit Area by Permittee and Permittee's Contractors, and this Permit supersedes any and all other agreements of the Parties hereto with respect to all such matters,including,without limitation,all agreements evidencing the Permit. O. No Recourse. Without limiting such immunities as the County or other persons may have under applicable law, Permittee shall have no monetary recourse whatsoever against the County or its officials,boards,commissions,agents,or employees for any loss or damage arising out of the County's exercising its authority pursuant to this Permit or other applicable law. P. Responsibility for Costs. Except as expressly provided otherwise, any act that Permittee is required to perform under this Permit shall be performed at its cost. If Permittee fails to perform work that it is required to perform within the time provided for performance,the County may perform the work and bill the Permittee. The Permittee shall pay the amounts billed within 30 days. Q. Work of Contractors and Subcontractors. Work by contractors and subcontractors are subject to the same restrictions,limitations,and conditions as if the Work was performed by the Permittee. The Permittee shall be responsible for all Work performed by its contractors and subcontractors,and others performing Work on its behalf,under its control,or under authority of its utility permit, as if the work were performed by it and shall ensure that all such work is performed in compliance with this Permit,Title 12 MCC,the Manual and other applicable law, and shall be jointly and severally liable for all damages and correcting all damage caused by them. It is the Permittee's responsibility to ensure that contractors, subcontractors, or other Persons performing work on the Permittee's behalf are familiar with the requirements of the Permit, Title 12 MCC,the Manual,and other applicable laws governing the work performed by them and further, for ensuring that such contractors and subcontractors maintain insurance as required herein. R. Survival of Terms. Upon the termination of the Permit,the Permittee shall no longer have the right to occupy the Permit area. However,the Permittee's obligations under this Permit to the County shall survive the termination of these rights according to its terms for so long as the Permittee's utility facilities shall remain in whole or in part in the road rights-of-way, except to the extent the County Engineer has approved abandonment in place. By way of illustration and not limitation, Permittee's obligations to indemnify, defend and hold harmless the County, provide insurance and a performance/payment bond pursuant to Section XI and Permittee's obligation to relocate its utility facilities pursuant to Section VIII,shall continue in effect as to the Permittee, notwithstanding any termination of the Permit, except to the extent that a County- approved transfer, sale, or assignment of the utility system is completed,and another entity has assumed full and complete responsibility for the utility facilities or for the relevant acts or omissions. 18 DATED at Shelton, Washington this day of , 2018. APPROVED: BOARD OF COMMISSIONERS MASON COUNTY, WASIENGTON County Engineer Randy Neatherlin, Chair Approved as to form: Terri Drexler, Vice Chair Tim Whitehead, Ch. Deputy Prosecuting Attorney Kevin Shutty, Commissioner 19 EXHIBIT "A" ACCEPTANCE OF PERMIT Private Line Utility Occupancy Permit effective , 201 I, the :L � , -vz of parcel(s) I J -7� I and I am the(Operator and) or(representative authorized to) accept Permit on behalf of ) j TY Q I certify that this Permit and all terms and conditions thereof are accepted by . ice, ��"'2s without qualification or reservation and guarantee performance hereunder. I certify that, to the best of my knowledge, the assessor's tax identification number of the parcel or parcels benefited by this Permit and a legal description of each such parcel are as described in the attached under Permit Exhibit "B". DATED this J-�_day of n e-yogi e- , 201 ,3 . PERMITTEE By: - Title: STATE OF WASMQN -TUN ) COUNTY OF M f�SO�.� ss. ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the C)VV N l=J�— of the u ��f pju yam)S() to be the free and voluntary act of such party for the uses and purposes mentio in the instrument. Dated: oaaccTof \\�`►►►1111t 1711!>��/ \A A 1/A��'���'' �P • �Ss�on F•'y6''% Notary Publi o� +��'•. Print Name 1\f Fl 'v CA!BAR My commis on expires X0;3 15,yp1'L.•����: rinnnll A - 1 RECORDED AT THE REQUEST OF AND AFTER RECORDING RETURN TO: County of Mason 100 West Public Works Drive Shelton WA 98584 Attn: County Engineer EXHIBIT "B" MEMORANDUM OF PERMIT Document Title(s): Grantor: COUNTY OF MASON a legal subdivision of the state of Washington Grantee: Legal Description: Assessor's Property Tax Parcel/Account Number(s): B-1 MEMORANDUM OF PRIVATE LINE UTILITY OCCUPANCY PERMIT THIS MEMORANDUM OF PERMIT is dated as of the_day of '2018 between the County of Mason,a legal subdivision of the state of Washington("County")and (Permittee"). 1. Pro e . County has,pursuant to Private Line Utility Occupancy Permit granted to Permittee,the right,revocable at the will of the County,to use and occupy certain road rights- of-way for the construction,installation,adjustment,maintenance,removal,repair,relocation and operation of Permittee's utility facilities for the benefit of the herein described Property,upon the terms and conditions of that certain permit agreement between the parties accepted the day of , 2018 (the"Permit"),which terms and conditions are incorporated herein by this reference. The property to be benefited by this permit is situated in the Mason County, Washington,legally described in Exhibit B attached hereto (herein called the "Property"). The road right-of-way permit area("Permit Area")is also described in attached Exhibit B. 2. Term. The term of the Permit is in perpetuity unless terminated. 3. Termination. County in its sole discretion may terminate all or part of the Permit with or without cause upon no less than ninety(90)days written notice to the Permittee. Further, this Permit will automatically terminate upon assignment without the prior written consent of the County, or upon transfer of the Property without the prior written consent of the County to an assignment of the Permit or upon transfer of all or part of the utility facilities located in the Permit Area without the prior written consent of the County to an assignment of the Permit. 4. Purpose of Memorandum of Permit. This memorandum of permit is prepared for the purpose of recordation and notice and in no way modifies the Permit and is in no way intended to or should be construed to create or convey an interest in land or the road right-of-way. DATED this day of ,2018 COUNTY OF MASON County Engineer Approved as to form: Tim Whitehead, Ch. Deputy Prosecuting Attorney B-2 PERMITTEE By: i Title: STATE OF W► �I�1J�p ?Iy ss. COUNTY OF MF1 500 I certify that I know or have satisfactory evidence that$1-C615W V UY4wlS is the person who appeared before me,and said person acknowledged that said person signed this instrument,on oath stated that said person was authorized to execute the instrument and acknowledged ownership of parcel(s) 12-1$0 to be the free and voluntary act of such person/corporation for the uses and purposes mentioned in the instrument. Dated this o XPday of C)C--(0f%-1Z ,201 Dated: Y1 ```�q►111 I 11111//�/� (Signature of No VV V A. VA/L��'�� ',fir ;SSioij�c+90'�.� FAT (Legibly Print of Stamp Name of Notary) O '060 N': = Notary public in and for the state of WA N� s C :2 residing at MASON CA7.)N)TU '�i� F •.5 •• G �O My appointment expires , oF IWASH`\ �`�� B-3 FORM OF MEMORANDUM OF PERMIT Description of Pen-nit Area (Attach Plans) I ttr I I fS Wit IPROPOSED SOLIDS HANDLING �� W. PUMP STATION FOR I - GARAGE PLUMBING Ir I I PROPOSED 2"TRANSPORT LINE SLEEVED IN 4"HDPE DIRECTIONAL BORE CONSTRUCTION o� 0 V O EXISTING TANK 1 AND DRAINFIELD O _ t l IN517ALLAIION DESIGNERSIGNOFF/ASBVILT FEE WILL BE CHARGED ATIIME OF IN5TALlA'nON 'PARCEL F . sTE 'HAWKINs `cv e t:20 PIONEER DICCINCt, INC. PARCE,#:3223+50,00038 SEPTIC DESICNS ADDRESS:12780 NORTH SHORE 3083 E MASON BENSON KD. GRAPEVIEW,WA 98546 DESIGNER. ROBERT PAYSSE OFFICE-360426-1803 FAX-360427-2353 DMGN PAGE OF B-' zwzb/� 12781 /1/or1/7 5/ ore fid. 12780 NE NORTH SHORE RD ♦ 70390 NE NORTH SHORE RD ?1821 NE 12811 NE 12801 HE 12783 HE tORTH NORTH NORTH NORTH 12781 NE 12771 HE 12751 HE HORS RD SHORE RD SHORE RD SHORE RD NORTH NORTH NORTH 12681 HE ♦ ♦ SHORE RD SHORE RD SHORE RD 12741 HE 12711 NE NORTH ♦ ♦ ♦ NORTH NORTH SHORE RD SHORE RD SHORE RD ♦ ♦ ♦ 12671 HE NORTH SHORE RD a h'a��ir�s �/a der �� tic Tram sp Or Z 117 e MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Jerry W. Hauth, Director/County Engineer DEPARTMENT: Public Works EXT: 450 BRIEFING DATE: November 5, 2018 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, lease provide only new information ITEM: Interlocal Agreement with Belfair Water District # 1 Background: Public Works would like to enter into an Interlocal agreement with Belfair Water District #1 that would allow either party to provide various services and facilities needed by the citizens residing within their respective jurisdiction. The agreement will remain in effect until either party terminates from the effective date, unless terminated sooner by either party, and may be renewed if mutually agreed at the end of the five-year term. BUDGET IMPACTS: There are no costs unless services are utilized. Actual costs will be paid by party requesting services. Requested services must be approved by both parties. A copy of the agreement is attached. Recommended Action: Recommend the Board of County Commissioners authorize the Chair to sign the Interlocal Agreement between Mason County and Belfair Water District #1 allowing either party to provide various services on a reimbursable basis. Attachments: Agreement INTERLOCAL AGREEMENT BETWEEN MASON COUNTY AND BELFAIR WATER DISTRICT#1 FOR ACQUISITION OF SERVICES This Agreement is entered into in duplicate originals this. day of 2018 between MASON COUNTY,a municipal corporation, and BELFAIR WATER DISTRICT#1, a ,municipal corporation,collectively referred to as"parties"and individually as"party" pursuant to RCW 39.34.080. WHEREAS; it is to the mutual advantage of Mason County and Belfair Water District#1 to cooperate as described herein in order to make the most efficient use of their resources to provide various services and facilities needed by the citizens residing within their respective jurisdictions;and _WHEREAS, RCW 39.34.080 authorizes a public agency to contract with another public _agency to perform any governmental service, activity, or undertaking that each public agency is authorized by law to perform; NOW THEREFORE, by virtue of RCW 39.34.080 and in consideration of the terms, conditions,covenants, and performances contained herein,or attached and incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: 1 GENERAL 1.0 It is the purpose of the Agreement to permit the parties to make the most efficient use of their resources by enabling them to cooperate by furnishing each other services, manpower, equipment°supplies and materials when available on a reimbursable basis for various services provided by Belfair Water District#1 and the various Divisions within the Mason County Public Works Department.This will be done with the understanding that the work of the ownerof the requested resources takes first priority. II DURATION 2.0 This Agreement shall become effective on the date written above and shall remain in effect until either party terminates;see section 10.0(Termination).Prior to commencement,this Agreement shall be filed or posted in accordance with RCW 39.34.040. III REQUEST FOR SERVICES 3.0 REQUEST: Each request for services shall be submitted in writing and shall specify the particular service desired,the amounts and types of labor,equipment,supplies and materials required,the location of the work,the estimated cost of the work and other information pertinent to the request.'In case of emergency or unforeseen circumstances necessitating prompt action,the request and approval may be done verbally but must be documented in writing within 48 hours of verbal request.The Requester is responsible to assure that the request complies with statues, rules and policies of the requesting agency, including but not limited to laws related to collective bargaining,wage and hour laws, public works, prevailing wages and purchasing. The Provider shall incur"no liability for any cause of action, monetary extractions or damages arising from a request made in violation of any applicable laws. Requester shall defend, indemnify and hold Provider harmless against the same. Interlocal Agreement Page 1 of 5 Agreement Number 18-08 REVIEW OF REQUEST; Upon receipt of the request,the Providershall indicate their acceptaricir or rejection,of tho:tequest, provide an estimated costs the work, have it signed by &-authorized Administrator and:or hiOw—.designee and return one copy to the Requester i thin ten(10)bustri'ess days The;Pi 6r.reserves the:right to;refuse request by reason.bf'unavailability lack`of resources;i6*or contractual.yiolations or other concerns: Each accepted request for service shall be.inaorpa{ated.into and become a part of this Agreement. FULFILLMENT OF REQUEST: The Requestor must provide final written 2414642iitieR acceptance or reiecUWi the cost estimate,signed by the�C authoraed Administrator or his/her and refurn to:the Provider before the sent ces.requested�viA are performed o"r provided.The l?eguestor:reserves the right to reiectvlrorkers,equipment, supplies and material'that do not meet standards. IV COMPENSATION 4.0 The parties to this Agreement agree that the party receiving services under this Agreement' shall'teimtidrse the party providing the services for.the'ir actual direct grid related indirect costs as set out in the request of services request of the prorndang party; the party.receiv.ing services shall make parfial payrnehts to cover costs incurred. These payments are not to be re-frequent than"one per month. Neither party shall pay the other for any work in'advance of performance. It is''agreed that any such partial payment will not constitute agreement as to the appropriateness of any item. V RECORDS RETENTION AND AUDIT 5.0 During the progress of the work and for a period i%ot less than six years from the final date of payment, the records and accounts pertatriiig to the worn and acctounting therefore are . to be kept;ayaila..blefor.,inspection and.atfci' of 'either'party..and/or•the FederaJ36V Ment and copies of all'records account's;"docuti�er�fs, or other iJata pertaining to.the workwill be furnished upon request."if any Ufigation;claim; or audit is commenced;the record .and< accounts along with supporting,documentafion shall be retained until all litigation,plaim.,or audzs it finding has been resolved e�ieri?though"sucfi"lifrga6on'c{aim,or audit continues fiast- the six-year retention period.Each pao,will promptly notify the other of any such litigation hold on records. VI RIGHT OF ENTRY 6.0 "The parties to this Agreement hereby'grant and convey to each other the right of entry upon all land in which the parties have interest, willhi.n or adjacent to the right of way of the highway;road,or street for the purpose of 0complishing all work'or services requested as part of this Agreement VII RELATIONSHIP OF THE PARTIES 7.0 The em' to ees_` "a ents of each a. who are en a ed in the erfonnance of this P y .s..o( P 9 9 P Agreement shad�nfinud to be employees or agents of that party and shallnot be considered for.$nyt purpose to be employees oragents of the other This Agreement is for t15e:3 erre toi the parties,;ana no third party beneficiaTyttelatioa htp is Intended.No separatelegdl ett#tty is.created,by this Agreement: No joint'organ>i—tion as cemed. No common budgetiso be establis[ted fVp personal or real properly is'to be jointly acquired Z. or held. InteHocal Agreement Page 2 of 5 Agreement Number:'I M8