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2018/11/13 - Regular Packet
BOARD OF MASON COUNTY COMMISSIONERS DRAFT MEETING AGENDA Commission Chambers— 9:00 a.m. 411 North Fifth Street, Shelton WA 98584 November 13, 2018 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Correspondence and Organizational Business 4.1 Correspondence 4.2 Public Works bid award for County Road Projects- Staff: Jerry Hauth 4.3 News Release- Hoodsport and Belfair Drop Box Stations Closure. Staff: Bart Stepp 5. Open Forum for Citizen Input (5 minutes per person, 15 minutes time limit) If you wish to address the Commission, raise your hand to be recognized by the Chair. When you have been recognized, please step up to the microphone and give your name and address before your comments.The Mason County Commission is committed to maintaining a meeting atmosphere of mutual respect and speakers are encouraged to honor this principle. 6. Adoption of Agenda Items appearing on the agenda after"Item 10. Public Hearings", may be acted upon before 9:30 a.m. 7. Approval of Minutes — October 22 and October 29, 2018 Briefing Minutes; October 9, 2018 Regular Meeting Minutes 8. Approval of Action Agenda: All items listed under the"Action Agenda" may be enacted by one motion unless a Commissioner or citizen requests an item be removed from the Action Agenda and considered as a separate item. 8.1 Approval of Amendment No. 3 to agreement WQAIP-2016-MasNWB-00013 between the State of Washington Department of Ecology and Mason County Noxious Weed Control Board of the Spencer Lake Integrated Aquatic Vegetation Management Plan. 8.2 Approval to have the Chair sign the Professional Services Contract for Real Estate Services with Richard Beckman Realty Group, LLC for 2019/2020 with the possibility of a two year extension. 8.3 Approval of Warrants &Treasure Electronic Remittances Claims Clearing Fund Warrant #s 8060262-8060363 $ 225,397.17 Direct Deposit Fund Warrant #s $ Salary Clearing Fund Warrant #s $ Treasure Electronic Remittance for October 2018 $ 185,435.70 8.4 Approval to set a public hearing on December 4, 2018 at 9:30 a.m. to consider two separate code amendments. The first amendment would reinstate the Hearing Examiner procedures for Code Enforcement compliance Agendas are subject to change,please contact the Commissioners'office for most recent version. This agenda was last printed on 11/08/18 1:04 PM. If special accommodations are needed,contact the Commissioners'office at ext.419,Shelton#360-427-9670;Belfair #275-4467,Elma#482-5269. MASON COUNTY COMMISSIONERS' MEETING AGENDA November 13, 2018—PAGE 2 cases; the second amendment would be to add allowed uses in the Village Commercial District within the Allyn Urban Growth Area. 8.5 Approval to authorize Public Works and the County Engineer to select and sign the agreements for Structural, Geotechnical, Hydraulic, Engineering and Construction Services as needed for 2019-2020 calendar years from the County MRSC Consultant Roster. The maximum payout for each service agreement is not to exceed $200,000. 8.6 Approval of the Private Line Occupancy Permit granting permission to run a septic transport line and power under the North Shore Road for parcel 32220-50-03313. 8.7 Approval of the following: 1) Approval of the updated Public Works organization chart to incorporate the changes within the department. 2) Approval to authorize HR to move forward with the process of revising the non-represented salary scale resolution updating the County Engineer and Interim Deputy Director/Public Works positions. 3) Approval to authorize the Public Works Director to hire a County Engineer and Public Works Deputy Director. 8.8 Approval to authorize the Chair to sign the Interlocal Agreement between Mason County and Belfair Water District #1 allowing either parry to provide various services on a reimbursable basis. 8.9 Approval to Request for Qualifications (RFQ) for engineering services to develop a study document for a proposed Regional Jail Facility with Grays Harbor. 8.10 Approval to have the Chair sign the Vehicle Take Home Assignment Authorization Request forms for Jerry Hauth, Allan Eaton, Bob Pearson, Brenen Proffitt, Grant Dishon, Michael Leeberg, and Cindy Brewer for calendar year 2019. 9. Other Business (Department Heads and Elected Officials) 10. 9:30 a.m. Public Hearings and Items Set for a Certain Time- No hearings. 11. Board's Reports and Calendar 12. Adjournment J:\AGENDAS\2018\2018-11-13 REG.doc ckrL, MASON COUNTY TO: BOARD OF MASON COUNTY COMMISSIONERS Reviewed: FROM: Jennifer Giraides Ext. 380 DEPARTMENT: Support Services Action Agenda DATE: November 13, 2018 No. 4.1 ITEM: Correspondence 4.1.1 Port of Grapeview sent in Tax Levy for 2019. 4.1.2 Great Peninsula Conservancy sent in a letter regarding Public Hearing on the proposed Rezone of Parcel No. 12328-23-00011. 4.1.3 David Dally and Peggy Hosford sent in an application for the Mason County Historic Preservation Commission. 4.1.4 Washington State Department of Natural Resources (DNR) sent in a County Income Report Explanation of Tables for October 2018. Attachments: Originals on file with the Clerk of the Board. Cc:CMMRS Neatherlin, Shutty, Drexler Clerk PORT OF OR,4AS11-EW "f'O(L-'D 1b. P 0. Box 3 �GrQPewew, WA 98546 WWW.portof ���/C � 425-610-655,?�peNeW coin NOVO 12018 Mason County Commissioners PORT OF GRAPE VIE W RESOLUTION OF THE COMMISSIONERS MISSIONERS 2018-01 A RESOLUTION OF THE PORT OF GRAPEY Commissioners to adopt the 2019 budget, IEW� authorizing the WHEREAS, the Revised Code of Washington requirements, dates of compliance and Procedures W and ) Title 53 specifies the for adopting an annual budget, WHEREAS, the Port of Grapeview has announced, and has held a Public Hearing on the PreliminaryB advertised the availability of RESOLVED, that the p -Budget, therefore, October 30f'' ort of Grapeview has conducted a Public Hearing on 2018 and herebyadopts the 2019 Final Budget. FURTHER RESOLVED, pursuant to RCW 53.35.040, this with the Clerk of the Board of Mason CounFinal ty Commissioners on November will be filed 2018, a certified copy of such Final Budget. Thi 53.35.045, s date is in compliance with RCW PASSED BY THE PORT OF GRApEVIEW OF October 2018, COMMISSIONERS THIS 30th DAY Che Port of Grapeview,a washingtoo municipal corporation in Anderson ommissioner, Dist. 1 GlennCa2 rlson Commissioner, Dist. Jean Farmer Commissioner, Dist. 3 Emai/, l,0rtof9rapeVieW@gmai/.Coln Cc:CMMRS Neatherlin, Shutty, Drexler Clerk L.Great Peninsula Y RECEI7;i.x VED VED Protecting our lands and waters for generations to come .NOV 0 2 2018 Mason County November 2, 2018 Commissioners Mason County Board of Commissioners 411 N.511 St. Shelton,WA 98584 Re:Public Hearing on the proposed Rezone of Parcel No. 12328-23-00011 Dear Mason County Board of Commissioners, Great Peninsula Conservancy(GPC)opposes the proposed rezone of Parcel 12328-23-00011(the rezone parcel)on Roy Boad Road, because it does not meet Mason County's Rezone Criteria. Please enter these comments into the public record. The rezone parcel borders GPC's permanent, 17-acre nature preserve on Irene Creek(parFels 12329-11-00000 and 12329-11-00040). GPC's preserve features fish-bearing Irene Creek,a sensitive wetland complex,and mature second-growth forest. The rezone parcel features both a stream that crosses its western border(according to Figure 1-1,Project Location and Vicinity Map,provided by CH2MHill for the Belfair Wastewater and Water Reclamation Facilities Project—March 2009)and steep slopes on the full eastern half of the property(according to publicly-available Lidar data). An increase in the intensity in development of the rezone parcel,which consists mainly of steep slopes,riparian and riparian buffer areas,will likely produce significant negative impacts on GPC's preserve through increased stormwater runoff. Mason County's Rezone Criteria#6 states that rezones must not interfere with the Growth Management Act goal to conserve fish and wildlife habitat. Intense development of a parcel with riparian areas and steep slopes,directly uphill and adjacent to a nature preserve with fish-bearing streams and sensitive wetlands,fails to meet this criterion. In addition,the July 31st SEPA Environmental Checklist for the proposed rezone,in Section 3,states that there are no water resources on the property,or work within 200 feet of a water resource,and this is likely not the case. In GPC's experience,stream maps nearly always underestimate the extent of streams,and this is evidenced by recent water-typing projects conducted by Wild Fish Conservancy and funded by the State Salmon Recovery Funding Board. Wild Fish Conservancy has conducted stream studies across many Mason and Kitsap County priority watersheds,and found that the State's current stream maps underestimate the extent of nearly every stream. The CH2MHi11 maps for the Belfair Wastewater and Water Reclamation Facilities Project indicate water resources exist on the proposed rezone parcel,and an increase in the intensity of development of the parcel will likely produce negative impacts on GPC's adjacent preserve. For these reasons,Great Peninsula Conservancy opposes the proposed rezone. Thank you for your consideration, Sandra Staples-Bortner Executive Director 423 Pacific Avenue, Suite 401, Bremerton, WA 98337 (360) 373-3500 • info@greatpeninsula.org • www.greatpeninsula.org 10 a Cc:CMrMl!RS Neatherlin, Shutty, Drexler Clerk l RECEIVE® +j NOV 0 5 2018 ' r Mason County a Commissioners AM -EEKING,'P1'1 JINTMEz 1 T ;; Historic Preservation Commission } �",E. David Daily ._AI DI`�E`i a L PHONE 360. CITYIZIP. VOTING PRECINCT; WORK I~HWI,1JF. 360. fl 98584 Arcadia , 1 ()k AREA IN Y-E i OONTY YaA U111F E-MAIL J-... _ ........._. COMMUNITY SERVICE EMPLQYMFI47r: IF RE'"lREO PREVIOUS EXPERIENCE Society "b Tremaine-West, Inc. 20 ears Mason County Historical Soclefy Car Show C:�t�1Ff3iy r.: y ','f�S Committee _ __...... Volunteer at Mason County Historical Society President ................. COMPANY. Paragon Consulting 2 years YRIES 'rJSiTiC3t : IT/Management Consultant In your words.what do you perceive is the role or,purpose of the Board, Committee or Council for which you are applying: I perceive the role of this commission is to preserve and protect the history of Mason County.The commission can raise awareness of Mason County history and historical places by assisting others in identifying and restoring or maintaining historic locations and buildings._ t; W;(4 `o Js: C{ ofiti.i Ill I )e€ft. C o lilliltee. o= Counc.0 51 year career in management, IT, and financial consulting. Lifelong interest in history. ..........._..... _._..._ .... ....... .............. _ _ __... ----- Please list any financial, professionai, or voluntary affiliations which may influence or affect your position on this Board. ,,e. create n potential conflict at interest) I serve as Treasurer of the Mason County Historical Society. If necessary, I would recuse myself from any decisions regarding the Historical Society. Your participation is dependent upon attending certain trainings made available by the County during regular business hOLIFS ,such as Cpen Public Meetings Act and Public Records;. The trainings would be at no cost to you. 'Would you be ably 2tte ;iE trarings? Ye . cs Realistically. how much time can you gave to this position t uasturly X Monthly 'Aleel<.!y ilv __....___.__..._.._._._..-- Office Use 0"1V i I E �8 hours i V, a� ;, .F • 50 Years IT consulting for industry leaders such as IBM,Citicorp,Control Data,and Fiserv. • 40 Years Marketing and Sales success specializing in Credit Union Hardware/Software solutions. • Credit Union Volunteer: Board of Directors,ALM and Supervisor Committees. • Business Owner and Manager Sales and Production. • Involved in literally hundreds of Credit Union IT searches. Credit Union Experience 3/1/10 to Present President Consultantfor CU ITSolutions, Tremaine-West, Inc. Tech. Planning, Net solutions, Shelton, WA 98584 Merger/Conversion Management 2/1/08 to 311 A 0 VP Business Development Consultant for CU IT Solutions, The Paragon Consulting Group Tech. Planning, Compliance, Olympia„WA Merger/Conversion Management. 1/2001 to 1/2010 Board/Committee Member Board and Committee Member: Peninsula Community FCU Supervisory,ALM, Compensation 1/94 to 2/l/08 President Consultant for CU IT Solutions, Tremaine-West,Inc. Tech. Planning, Net solutions, Shelton,WA 98584 &Conversion Management. 11/96 to 12/98 President Mortgage Outsource Relationships, Lynden,NW, Inc Kiosk based video conferencing Tacoma, WA 98499 Solutions. 6/94 to 12/96 Director of CU Relations Cooperative Marketing Information American Income Life System for Credit Unions. Redmond,WA 98052 David P. Dally, President Credit Union Experience 3/92 to 4/94 Sr. Sales Executive Sold In-House Systems and Services Fiserv,Galaxy 2000 Division to Credit Unions in the Western Olympia,WA 98502 Half of the United States. 9/85 to 3/92 Sr. Sales Executive Sold In-House Systems and Services Control Data-XP Systems to Credit Unions in the Mid-West and Olympia, WA 98502 Western Regions of the United States. 2/80 to 9/85 Sr. Sales Executive Sold In-House Systems and Services Citicorp-ICCI/CBSI/Galaxy to Credit Unions and Banks Nationwide. Stamford,CT 2/77 to 2/80 NW Regional Manager Managed 3 Data Centers, with a staff of 18 Applied Theory Associates/ IT Professionals providing On-Line Summit Information Systems Services to 31 Credit Unions in the Corvallis,OR Northwest. Foundation of IT Expertise 9/75 to 2/77 Vice-President Market and install a new software product Solar Systems, Inc designed for large Data Centers. Chicago, IL 2/73 to 9/75 Sr.Operations Analyst Brought order and control to a Data Center Baxter-Travenol Laboratories employing 250 IT professionals. Deerfield, IL 11/70 to 2/73 Sr.Systems Analyst Designed and Implemented a Marketing Blue Cross Association Information System producing nationwide Chicago, IL market and trend analysis. 3/69 to 11/70 Programmer Analyst Systems and Programming in Sara Lee,Inc. Accounting and Billing Systems. Deerfield, IL 3/67 to 3/69 Sr.Computer Operator Operated three families of Computers IBM and taught myself three programming Chicago, IL languages. Education 1965 B.S. in Business Management,North Park College,Chicago, IL 1969 Associates in Data Processing, Harper College,Chicago, IL Programming Languages: COBOL,Autocoder,Basic, RPGII,& PLA MicroSoft Familiarty: Word,Excel, PowerPoint, Project,Access,SQL, Windows,VISIO,Windows 2000 Server,Citrix Mason County Commissioners 10/31/18 415 N. 5th St. Shelton, WA 98584 Dear Commissioners, I am interested in serving on the Historic Preservation Commission. I have lived in Mason County since 1997. 1 currently serve as Treasurer at the Mason County Historical Society. Attached is a copy of my resume with work experience, although I am currently retired. Also attached is the Application for this position. Thank you for any consideration you may give this matter. Warmest regards, David P. Dally CC:CMMRS Neatherlin, Shutty, Drexler COa`Y?��_ RECEIVED Clerk i�iChc �) 'YCOMMISSIONERS H FIFTH STREET ' NOV 7 Zd�B SHELTON WA 98584 _-- Fax 360-427-8437; Voice 360-427-9670, Ext. 419,275-4467 or 482-5269 Mason County Commissioners I AM SEEKING APPOINTMENT TO NAME: ADDRESS: �b 6 04- PHONE: lad , CITY/ZIP: A aul VOTING PRECINCT: /`��15 E, Sr#a WORK PHONE: 5W je 4 `qQ ocJ (OR AREA IN THE COUNTY YOU LIVE) 3 E-MAIL: ------------------------------------------------------------------------------------------- COMMUNITY SERVICE EMPLOYMENTS: (IF RETIRED. PREVIOUS EXPERIENCE) /v Qd�rd (I'�l�Iv�EsoRr,IEMB SHI � , _ COMPANY: 4�G�itPO 6t°aerx 1� d-� YRS �( �! Q POSITION: +�11/I � D� `T► vd�✓c��l c�2 / COMPANY: if0�� 1(R POSITION: -------------------------------------------------------------------------------------------- In your words, what do you perceive is the role or/purpose of the Board, Committee Co'm/mittee or Council for which you are applying: �o +�P�fp �'�4/�lT-El 6 +'1��j7� '��LL 7� p lac ' (i�-f z Y� ` -6 ©t-�- b � P�b���� c�'Ll `'II"r (Q What interests, skills o you wish to offer the Boards Committee, or Council? Q '� / 4— ' Pleadffsf"any Tinapc�al, professional, or volun ry affiliatioQn whic may influence or affect your position on this Board: (i.e. create a potent``dip �o�fli f in re ) /) /l( J/ Gc. Your participation is dependent upon attending certain trainings made available by the County during regular business hours (such as Open Public Meetings Act and Public Records).The trainings would be at no cost to you.Would you be able to attend such trainings? Realistically, how much time can you give to this position?p Quart Monthly "Z �eely Daily Office Use Only -/$ Appointment Date Signature Date Term Expire Date Cc:CMMRS Neatherlin, Shutty, Drexler �PSHINGrOIV Clerk a � D � O Op NATUVIL October 31 f COMM2018 HILARY S.FRANZ RECEIVED ISSIONCR OF PUBLIC LANDS The Honorable Randy Neatherlin, Chair NOV 05 2018 Mason County Board of Commissioners Mason County 411 North Fifth Street Commissioners Shelton,WA 98584 Dear Commissioner Neatherlin: The Washington State Department of Natural Resources (DNR) manages approximately 28,909 acres of State Forest Transfer and Purchase Lands that benefit Mason County. These lands generated $6,599,000 in the first three quarters of calendar year 2018. Net value under contract for calendar year 2018 is estimated at $6,620,000 from activities expected to occur under current contracts. Thanks to all of you who provided input and suggestions to us regarding the future format for this report. We are in the process of developing the new report style. Please be aware that you will continue to receive this report in its current style until we have completed the new formatted version. We want to notify you of a recent change that pertains to counties that receive revenue from state forestlands. After consulting with the Office of the Attorney General about revenue disbursements and in an effort to mitigate risks and reduce errors in those disbursements, DNR has determined that initial deposits will be held as security until all of the obligations of the purchaser are satisfied under timber sales contracts as required by law. All or a portion of the initial deposit may be distributed as the final payment for the sale of valuable materials after the Department determines that adequate security exists for the remaining performance of any obligations of the purchaser under contract. This change affects the timing of revenue distribution and does not affect the total amount of revenue distributed. If you have any questions regarding this change please contact Leah Fenner, Finance Manager, at 360-902-1259. The income information in this report does not include anticipated revenues from additional planned activities (contracts harvests, leases, easements,etc.) for which contracts have not been finalized. These income estimates are net after the current agency management cost percentage has been applied. Some counties receive portions of their income from leases and fees; however, the majority of income reflected in this report is derived from timber sales. As most revenue stems from timber sales, these projections can fluctuate depending upon when timber harvests occur. Market conditions, weather, contract requirements, and regulatory requirements influence timber purchasers' decisions about when to harvest. PRINTED ON RECYCLED PAPER DNR IS AN EQUAL OPPORTUNITY EMPLOYER. HILARY S.FRANZ DEPARTMENT OF NATURAL RESOURCES 360-902-1000 COMMISSIONER OF PUBLIC LANDS 1111 WASHINGTON STREET SE FAX 360-902-1775 CPL@DNR.WA.GOV MAIL STOP 47001 TRS 711 OLYMPIA,WA 98504-7001 WWW.DNR.WA.GOV I appreciate how necessary revenue is to the success of county functions. DNR consistently strives to ensure that we realize the maximum available income from the State Forest Transfer and Purchase Lands. Should you have any questions regarding this information,please contact Scott Sargent, South Puget Sound Region Manager, at 360-825-1631 or at scott.sargent@dnr.wa.gov. Sincerely, Hilary S. nz Commissioner of Public Lands Enclosures I appreciate how necessary revenue is to the success of county functions. DNR consistently strives to ensure that we realize the maximum available income from the State Forest Transfer and Purchase Lands. Should you have any questions regarding this information,please contact Scott Sargent, South Puget Sound Region Manager, at 360-825-1631 or at scott.sargent@dnr.wa.gov. Sincerely, 2 Hilary S. Commissioner of Public Lands Enclosures COUNTY INCOME REPORT EXPLANATION OF TABLES October 2018 Two categories of lands are managed by the Washington State Department of Natural Resources (DNR) specifically to benefit counties: 1. State Forest Transfer Lands.Lands acquired by counties through tax foreclosures were transferred to DNR to manage. Management fee rates are established by the Board of Natural Resources. Currently, counties receive 75 percent of the revenue from these lands. 2. State Forest Purchase Lands. State-issued bonds were used to acquire certain parcels from private owners. Typically, these forest lands had been severely logged and were in need of active management. Allocation of revenue from these lands was determined when purchase was authorized, as follows: 26.5 percent to the county in which the property is located; 50 percent to DNR for management expenses; and the remaining 23.5 percent to the State General Fund. Nineteen counties include these types of State Forest Lands within their county boundaries. Income from management activities on State Forest Lands is designated for allocation to several taxing districts in each county. Only a small amount is available to the county for discretionary use. Revenue from State Forest Lands originates primarily from timber sales. These amounts vary widely as market conditions fluctuate. Smaller portions of revenue are derived from activities such as communication site leases, rights-of-way easements for utilities and roads, special forest products, special uses, and interest. Income will also vary with the number of revenue-generating activities within a given year. Variables responsible for high revenues in one year can lead to reduced income the following year. • Table 1 shows the annual revenue for each county from calendar year 2008 through the third quarter of calendar year 2018. This table illustrates the variability in total revenues from year to year. • Table 2 shows projected revenue for all 19 counties from all activities on State Forest Lands for calendar year 2018. • Table 2A shows projected revenue for each timber sale on State Forest Lands in your county anticipated to occur for 2018 and beyond (enclosed if applicable). • Table 3 shows the volume and net value under contract as of September 30, 2018 that is not currently scheduled for harvest until after December 2019 (enclosed if applicable). Projections were developed by DNR region staff by contacting each timber purchaser that has rights to an upcoming sale. Purchasers were asked how much and when they planned to harvest the timber from each sale. These projected timber revenues should be considered rough estimates only; actual activity will depend on individual sale characteristics (species, volume, location, etc.), combined with outside market factors as determined by each purchaser. The schedule of future timber sales from State Forest Lands in your county is available upon request from Department of Natural Resources' region staff. Table 1. Revenue to Counties from State Forest Transfer and Purchase Lands (Calendar Years) Updated: 10/9/2018 2018 County 2009 2010 2011 2012 2013 2014 2015 2016 2017 Jan-Sept Clallam 4,173,346 6,229,596 5,502,033 4,738,336 5,643,329 8,487,731 3,376,506 7,938,764 6,543,420 2,179,951 Clark 1,977,893 8,793,446 4,601,597 8,528,782 7,191,261 6,388,518 5,846,269 4,791,957 5,192,493 957,086 Cowlitz 2,914,752 3,709,692 1,534,691 1,557,816 1,598,498 1,067,106 4,025,043 1,358,909 1,358,770 1,385,527 Grays Harbor 1,007,779 2,178,958 1,991,750 2,168,671 1,075,212 875,687 1,245,311 2,838,170 1,881,541 955,989 Jefferson 669,093 981,510 3,082,453 740,481 661,568 1,085,477 2,906,961 1,603,428 1,085,544 1,257,577 King 1,053,232 2,737,595 2,474,997 1,112,153 741,392 2,818,269 952,755 2,397,790 905,021 1,229,871 Kitsap 244,491 495,884 55,958 877,589 743,958 293,314 851,397 824,969 1,130,540 538,637 Klickitat 1,037,450 327,073 209,403 559,355 289,623 215,737 352,380 26,797 25,551 10,947 Lewis 6,738,048 6,147,429 11,076,482 3,439,911 4,280,541 8,677,045 4,053,711 5,416,025 5,411,157 5,043,990 Mason 1,500,640 3,062,868 2,616,802 2,024,430 1,337,166 3,067,093 8,005,336 3,621,960 2,810,189 6,599,421 Pacific 3,428,025 2,060,204 2,547,153 441,369 3,446,724 1,267,286 1,227,526 2,653,344 1,387,737 2,297,619 Pierce 742,913 1,523,600 214,159 178,426 121,558 222,815 32,691 335,489 437,463 973,972 Skagit 5,704,325 8,746,747 11,679,594 9,093,422 5,976,604 7,452,783 7,425,535 8,592,232 14,533,379 12,169,093 Skamania 253,914 1,215,005 747,982 926,532 1,367,876 2,415,852 1,234,445 2,131,536 1,566,271 745,144 Snohomish 10,138,226 13,132,194 13,981,341 5,682,380 11,786,058 9,251,851 7,256,233 5,652,325 7,678,567 5,221,335 Stevens 79,484 47,542 59,973 64,654 69,322 70,725 63,533 94,918 90,768 79,303 Thurston 2,625,128 7,964,904 4,200,388 1,660,728 5,017,407 2,999,025 4,368,240 8,747,144 2,947,101 2,290,546 Wahkiakum 1,516,340 1,820,052 1,400,872 1,956,441 1,742,003 1,631,697 802,706 2,026,441 1,443,199 551,790 Whatcom 3,569,263 2,405,630 3,543,071 4,468,281 3,763,694 2,178,129 4,022,292 2,061,161 1,481,660 2,985,816 Totals $49,374,342 $73,579,929 $71,520,698 $50,219,757 $56,853,794 $60,466,140 $58,048,870 $ 63,113,359 $ 57,910,371 $47,473,614 Note: Revenue is received daily by the Department of Natural Resources for activities on State Forest lands and deposited daily at the Office of State Treasurer. Effective February 1998 these monies are remitted to each county via wire transfer a minimum of four times per month. Due to the specific date monies are received by the Department and the cutoff dates used by the State Treasurer for wire transfers, the revenue for the current period may be different than actual remittances to date. 10/31/2018 Table 2. Total Projected Revenues to Counties from State Forest Transfers and Purchase Lands ' (Dollars in Thousands) Oct thru December 2018 Jan thru December 2019 County High Medium High Medium Clallam $932.1 $936.5 $3,232.8 $5,035.7 Clark 563.5 563.5 213.9 213.9 Cowlitz 18.5 18.5 10.9 28.9 Grays Harbor 322.1 322.1 318.1 1,298.8 Jefferson 2,864.4 2,864.4 74.0 74.0 King 10.4 10.4 1,610.1 1,610.1 Kitsap 18.7 18.7 1,394.1 1,394.1 Klickitat 16.1 16.1 13.4 13.4 Lewis 1,149.6 1,150.6 8,988.9 9,144.4 Mason 21.0 21.0 2,877.8 3,905.8 Pacific 1,180.5 1,180.5 659.5 659.5 Pierce 652.8 652.8 308.1 533.3 Skagit 5,636.9 7,130.9 1,322.4 5,735.7 Skamania 1,976.0 2,185.2 23.6 587.9 Snohomish 827.5 1,488.0 906.2 3,997.4 Stevens 0.8 0.8 87.0 87.0 Thurston 401.5 1,266.8 1,230.0 5,229.1 Wahkiakum 0.0 0.0 1.6 1.6 Whatcom 238.8 238.8 538.5 3,246.9 Totals $16,831.2 $20,065.6 $23,811.0 $42,797.4 High - 90 percent reliability that timber harvest will occur and stated revenue will be transmitted. Medium - 50 percent reliability that timber harvest will occur and stated revenue will be transmitted. Note: Projected revenues are based on timber purchaser's logging plans as of September 2018. These plans change with changes in the economy and the business needs of each purchaser. Department of Natural Resources' region staff should be contacted concerning possible fluctuations in timber harvest for sales currently under contract and the schedule of future sales on State Forest Lands in your county. 10/31/2018 Table 2A. Projected Timber Harvest Revenues to Mason County from State Forest Transfer and Purchase Lands by Legal Description (Thousands of Dollars)' Value Under Sale App. Expiration Legal Description Oct thru December 2018 Jan thru December 2019 Contract after Number Sale Name Date Section Township Range High Medium High Medium Dec-19 94092 Black Licorice 10/31/19 3,4,9,10, 15 24N 3W 0.0 0.0 2,734.2 2,734.2 0.0 95703 Kristine 10/31/20 19,20,29,30 23N 2W 0.0 0.0 0.0 1,028.0 0.0 Total $0.0 $0.0 $2,734.2 $3,762.1 $0.0 High-90 percent reliability that timber harvest will occur and stated revenue will be transmitted. Medium-50 percent reliability that timber harvest will occur and stated revenue will be transmitted. Values are cumulative from high to medium probability. Note: Projected revenues are based on timber purchaser's logging plans as of September 2018. These plans change with changes in the economy and business needs of each purchaser. Department of Natural Resources regional staff should be contacted concerning possible changes in timber harvest plans and for copies of sale area maps for specific locations of timber sales within the legal descriptions listed above. Mason Page 1 of 1 10/31/2018 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Jerry W. Hauth, Director/County Engineer Action Agenda DEPARTMENT: Public Works/U&W Management EXT: 450 DATE: November 13, 2018 Agenda Item # y BRIEFING DATE: November 5, 2018, January 25, 2016 (CRP 2007 and 2008) and June 13, 2016 CRP 2009 BRIEFING PRESENTED BY: Sarah Grice [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency 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. Attachments: Bid Tabulations GUARDRAIL IMPROVEMENTS BID TABULATION SHEET Page 1 of 1 BID OPENING:9114/18 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 NO: 4 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 $ 6.00 $ 15 975.00 $ 3.69 $ 9 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 $ 10 000.00 $ 10,000.00 $ 47,406.84 $ 47 406.84 $ 57 000.00 $ 57 000.00 $ 68 000.00 $ 68 000.00 $ 100 123.50 $ 100,123.50 3 REMOVING GUARDRAIL L.F 2662.5 824.63 $ 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 $ 11500.00 6 EROSION/WATER POLLUTION EST 1 CONTROL $ 2 000.00 $ 2 000.00 $ 2 000.00 $ 2 000.00 $ 2 000.00 $ 2 000.00 $ 2 000.00 $ 2,000.00 $ 2,000.00 $ 2,000.00 7 BEAM GUARDRAIL TYPE 31- 8 L.F. 25 FT LONG POST $ 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- L.F. 87.5 375.00 $ 50.00 $ 4375.00 11 FT LONG POST $ 120.00 $ 10,500-00 $ 51.15 $ 4 475.63 $ 52.50 $ 4 593.75 $ 50.00 $ 4 9 BEAM GUARDRAIL TYPE 31 L.F. 3612.5 $ 30.00 $ 108 375.00 $ 40.53 $ 146 414.63 $ 30.50 1$ 110 181.25 $ 30.00 $ 108 375.00 $ 26.00 $ 93 925.00 10 BEAM GUARDRAIL TYPE 31- EACH 50 NON-FLARED TERMINAL $ 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 RAILP LAC EMENT EACH 1 25 FT SPAN $ 11000.00 $ 1,000.00 $ 1,622.72 $ 1,622.72 $ 1,100.00 $ 1,100.00 $ 750.00 $ 750.00 $ 1,000.00 $ 1,000.00 12 BEAMGUARDRAIL TYPE 31 EACH 1 ANCHOR TYPE 10 $ 1,400.00 $ 1 400.00 $ 905.27 $ 905.27 $ 1,280400 $ 1,280.00 $ 1,250.00 $ 1,250.00 $ 2,000.00 $ 2,000.00 13 PORTABLE CHANGEABLE HR. 2600 MESSAGE SIGN $ 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 1 $ 95 000.00 $ 82 500.00 $ 82 500.00 15 TRAFFIC CONTROL G.S 1 SUPERVISOR $ 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. $ 3,500.00 $ 3,500.00 $ 3,500400 $ 3,500.00 $ 3,500.00 $ 3.500.00 $ 3,500.00 $ 31500'00 $ 3,500.00 $ 3,500.00 17 SPCC PLAN L!S $ 2 000.00 $ 2 000.00 $ 1 036.59 $ 1,036.59 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 1,000.00 1$ 1,000.0011 TOTALS $ 463,410.00 $ 493,611.66 $ 641,491.25 $ 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 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 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 SEOUIM,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 UNIT ESTIMATE UNIT ESTIMATE UNIT ESTIMATE UNIT ESTIMATE UNIT ESTIMATE NO. DESCRIPTION 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 $ 1,309.00W25. 1,925.00 CLASS A24 STRUCTURE EXCAVATION CY 65 $ 18.00 $ 1,170.00 $ 50.00 $ 3,250.00 $ 33.00 $ 2,145.00 $ 22.00 $ 1,430.00 2,925.00 CLASS B INCLHAUL25 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 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 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 11 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 $ 1,500.00 $ 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 $ 85.00 $ 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 $ 3,006.00 $ 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 1 4 $ 600.00 $ 2,400.00 $ 50.00 1$ 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 $ 168,763.60 BID TABULATION SHEET ASPHALT PATCH SYSTEMS BARCOTT CONSTRUCTION NORTHWEST CASCADE,INC. TRANSPORTATION SYSTEMS,INC WY 8812 CANYON RD E P O BOX 366 P O BOX 73399 6917 166TH AVE E PROJECT:BELFAIR SIDEWALKS-OLD BELFAIR H PUYALLUP,WA 98371 CHEHALIS,WA 98532 PUYALLUP,WA 98373 SUMNER,WA 98390 BID OPENING:OCT 26, 2018 CRP 2009 BIDDER NO: 5 BIDDER NO: 6 BIDDER NO: 7 BIDDER NO: 8 ENGINEER'S ESTIMATE 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 $ 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 $ 5,880.00 $ 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 20.00 $ 2,100.00 $ 7.00 $ 735.00 $ 5.00 $ 525.00 $ 10.00 $ 1,050.00 7 REMOVING CHAIN LINK FENCE LF 105 $ 20.00 $ 2,100.00 $ 1,000.00 $ 125.00 $ 1,000.00 $ 232.50 $ 1,860.00 $ 150.00 $ 1,200.00 B CEMENT CONC.SPILLWAY LF 8 $ 60.00 $ 480.00 $ 125.00 $ 9 QUARRY SPALLS TON 5 $ 70.00 $ 350.00 $ 50.00 $ 250.00 $ 174.00 $ 870.00 $ 100.00 $ 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 $ 62.00 $ 16,864.00 $ 80.00 $ 21,760.00 COURSE 15,200.00 $ 320.00 $ 24,320.00 $ 285.00 $ 21,660.00 $ 11 COMMERCIAL HMA TON 76 $ 180.00 $ 13,680.00 $ 200.00 $ 220.00 $ 16,720.00 400.00 $ 50.00 $ 200.00 $ 100.00 $ 400.00 $ 500.00 $ 2,000.00 12 ESC LEAD DAY 4 $ 100.00 $ 400.00 $ 100.00 $ 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 8.00 $ 1,920.00 $ 3.00 $ 720.00 $ 9.50 $ 2,280.00 $ 10.00 $ 2,400.00 14 SILT FENCE LF 240 $ 4.50 $ 1,080.00 $ 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 11,000.00 $ 16.80 $ 4,620.00 $ 18.00 $ 4,950.00 $ 15.00 $ 4,125.00 17 TOPSOIL TYPE A SY 275 $ 8,00 $ 2,200.00 $ 40.00 $ 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. 20 PAINT LINE LF 470 $ 0.70 $ 329.00 $ �5O $ 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. 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 BIDDER NO: 5 BIDDER NO: 6 BIDDER NO: 7 BIDDER NO: 8 ENGINEER'S ESTIMATE BOND/ADD? YES BOND/ADD? YES BOND/ADD? YES BOND/ADD? YES ITEM ITEM UNIT PLAN UNIT ESTIMATE UNIT ESTIMATEP.000 IT �0.00 TE UNIT ESTIMATE UNIT ESTIMATE NO. DESCRIPTION QUANTITY PRICE TOTAL PRICE TOTALICE L PRICE TOTAL PRICE TOTAL 21 PROJECT TEMPORARY TRAFFIC LS 1 $ 6,400.00 $ 6,400.00 $ 2,500.00 $ 2,500.00 .00 $ 10,620.00 $ 10,620.0E$ l 00.00 $ 12,000.00 CONTROL22 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 $ 13,100.000.00 $ 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 $ 206,619.00 TOTALS $ 179,064.28 $ 172,649.30 $ 183,106.60 $ 200,784.00 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 2009 BIDDER NO: 9 ENGINEER'S ESTIMATE BONo/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 EST 1 $ 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 $ 2.48 $ 1,277.20 HAND 17 TOPSOIL TYPE A SY 275 $ 8.00 $ 2,200.00 $ 17.02 $ 4,680.50 18 CEMENT CONC.TRAFFIC CURB LF 461 $ 40.00 $ 18,440.00 $ 47.10 $ 21,713.10 &GUTTER 19 CEMENT CONC.TRAFFIC CURB LF 13 $ 100.00 $ 1,300.00 $ 296.4 $$ 3,853.20 20 PAINT LINE LF 470 $ 0.70 $ 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 26,2.018 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 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 $ 87.75 $ 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 $ 6,325.00 $ 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 $ 1,357.68 TOTALS $ 179,064.28 $ 230,728.89 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 11AM. 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 Chair Commissioner BOARD OF MASON COUNTY COMMISSIONERS'BRIEFING MINUTES Mason County Commission Chambers,411 North 5th Street,Shelton,WA Week of October 22,2018 Monday,October 22,2018 9:00 A.M. Economic Development Council—Jennifer Baria Commissioners Neatherlin,Drexler and Shutty were in attendance. • David Overton reviewed the 2018-2019 Community and Economic Development Strategies Project list(CEDS list)that is prioritized by who submitted the project and the top ten projects have funding committed. David explained how the EDC created the list. In the EDC's 2019 funding request from the.09 Rural Sales Tax Fund,$15,000 is included for the funding support of the CEDS list. The Commissioners voiced support of having a prioritized project list. Cmmr.Drexler asked for additional information on the City of Shelton/Squaxin Island Tribe sanitation plant reclaim water tank project. • Support of the funding for the lobbyist is$15K from Mason County in 1'year;$l OK in 2' year;$5K in 3rd year. This will be for project specific work and will not include policy lobbying. There will be confirmation of the City's participation. By providing this service through the EDC as Mason County's ADO,Jennifer believes it is allowed to be paid from the.09 Fund. Cmmr.Drexler asked that legal review the use of.09 for this lobbying work. • Cmmr.Drexler asked for information on how the projects will be lobbied to the legislators for capital budget. How will the projects be prioritized for the legislators. David responded that the EDC won't prioritize for the lobbyist,they will push the projects forward equally as a package. Cmmr.Drexler confirmed with the Commissioners that Mason County will request$11M from the capital budget for the Belfair Sewer Extension to the City of Bremerton. 9:30 A.M. MCSO—Chief Jason Dracobly Commissioners Neatherlin,Drexler and Shutty were in attendance. • The Sheriff's office has entered into an overtime contract with the Skokomish Indian Tribe for$11,000. This revenue will be included in the 2018 budget hearing for a supplemental appropriation. 9:45 A.M. Support Services—Frank Pinter Commissioners Neatherlin,Drexler and Shutty were in attendance. • Review of a request for qualification for engineering services from Grays Harbor and Mason County to assist in the development of a study document for a Regional Jail Facility. This is brought forward with the support of the Criminal Justice Working Team. The intent is to pursue building a new jail facility. If also approved by Grays Harbor,the RFQ will be placed on the November 6 agenda. • Review of a Mason County Employee Survey that is part of developing a Strategic Plan. • Cmmr.Drexler reported that she will be meeting with Jerry Hauth and Port Cmmr. Taylor to discuss annexation and city utilities. 10:15 A.M. BREAK 10:20 A.M. Public Works—Jerry Hauth Utilities&Waste Management Commissioners Neatherlin,Drexler and Shutty were in attendance. • 2019 Day of Caring Clean Up Day proposal is to have United Way issue vouchers to those in need and limited to no more than 1,000 pounds of waste. United Way will be in receipt of the vouchers on the dump day.The cleanup day is no cost to the County through the contract with Republic. • 2018 Mason County Comprehensive Solid Waste Management Plan(CSWMP),which includes waste reduction and recycling element. This is required under RCW 70.95.080 Board of Mason County Commissioners' Briefing Meeting Minutes Week of October 22,2018 and the approval process has several steps that started in 2017. After the Commissioners approve the CSWMP,it will be forwarded to Ecology. • Cmmr.Drexler brought up the issue of waste flying off the commercial truck garbage loads and suggested SWAC consider bringing forward an ordinance to address this. • Latex paint—Kitsap County solidifies the paint and disposes into the transfer station; Kitsap County doesn't have the ability to charge. Mason County is moving forward the recycling latex paint program. • Citizen complaint of two similar names-SE and Southeast Driftwood Lane. Jerry will check on this. • Jerry suggested naming Kerry Lane at Totten Shores in recognition of Kerry Schuffenhauer's years of service to Mason County. • Jerry stated they are researching the property in the fairgrounds proposal to be aware of the timber value and any potential liabilities. 10:50 A.M. Probation Services—Jim Madsen Commissioners Neatherlin,Drexler and Shutty were in attendance. • Request to open recruitment for a male Juvenile Detention Officer was approved. • Approval to place the contract on the agenda for professional services with Strengthening Foundations Counseling,LLC to continue Functional Family Therapy (FFT). 11:00 A.M. Community Services—Dave Windom Commissioners Neatherlin,Drexler and Shutty were in attendance. • Dave reviewed his calendar. • Cmmr.Drexler brought up the vouchers for free dump day and asked Dave to inform those in violation of solid waste issues of this program. • Kell reviewed a proposed rezone from Medium Density Residential(R-5)to Multi Family Residential(R-10)in Belfair Urban Growth Area.A public hearing has been scheduled on November 6. • Public Benefit Rating System(PBRS). There has been contact with Department of Revenue regarding the transition process of existing Open Space properties and accepting new application under the PBRS. The revised program will be reviewed by PAC at their November 19 meeting. Cmmr.Neatherlin asked for information on existing properties in the program and how long they have been in the program. Cmmr. Shutty wants to make sure there is effective communication with those in the existing program. • The County will be receiving a$65K grant for WRIA work. 11:30 A.M. Executive Session—RCW 42.30.110(1)(b) Property Purchase Commissioners Neatherlin,Drexler and Shutty met with Frank Pinter in Executive Session regarding a property purchase from 11:30 a.m.to 11:45 a.m. 11:45 A.M. Closed Session—RCW 42.30.140(4)Labor Discussion Commissioners Neatherlin,Drexler and Shutty met with Frank Pinter and Dawn Twiddy in Closed Session for a labor discussion from 11:45 a.m.to 11:55 a.m. BREAK—NOON 2:00 P.M. 2019 Budget Workshop Support Services Budgets Support Services,Human Resources(includes Risk Management,Civil Services&Board of Equalization)Emergency Management;Information Technology;Facilities,Parks& Trails,LEOFF 1,REET 1,REET 2 Commissioners Neatherlin,Drexler and Shutty were in attendance. • The request for an additional$15K to EDC can be absorbed by the.09 Rural Sales Fund. • LEOFF 1 has no policy level change requests. Board of Mason County Commissioners' Briefing Meeting Minutes Week of October 22,2018 • Human Resources budget was reviewed. The only changes were moving budget allocations between various operating lines. • Support Services—discussion of consolidating the Support Services departments and allocate the Director position between the departments. This may be implemented in the 2020 budget. No policy level requests. • REET 1 was reviewed. Anticipating$4.2M in revenue; planned expenditures are $1,469,649 with an ending fund balance of$2,750,283. Part of the expenditures is for the proposal to reclassify a Maintenance position to a Facilities Manager position. Duties will include managing the REET 1 projects along with the renovation of the Olsen Furniture property. This is a reclassification of an existing position and a reclassification request will be submitted. Currently the facilities are managed by a Manager position who also manages Emergency Management,Information Technology and Parks/Trails. • REET 2 was reviewed. Rustlewood is budgeted at$200,000 in REET 2;Utilities submitted a request for$400,000 and the Commissioners are good with funding Rustlewood at the$400,000 level. Belfair Sewer is budgeted at$800,000. Parks capital improvement projects are budgeted at$489,984. The anticipated ending fund balance is $1,765,033. • Emergency Management budget was reviewed. More accurate grant revenues are now known so adjustments need to be made and make the correct salary allocations. A revised 2019 budget will be submitted. • Information Technology budget was reviewed. • Facilities&Grounds budget was reviewed. The 25%allocation to the Manager budget line needs to be eliminated if a separate Facilities Manager position is created. A majority of the increases are maintenance level increases such as for utilities. A revised 2019 budget request will be submitted. • Cmmr.Neatherlin stated he wants to make sure the Board reviews other department maintenance level increases in the same manner. • Discussion of what information the Board wants to see on Wednesday for the 2019 budget review. 3:30 P.M. 2019 Budget Workshop-Auditor Commissioners Neatherlin,Drexler and Shutty were in attendance. • Expenditures have been included in anticipation of the new Auditor and these will be moved to maintenance level. Financial Services request for postage will be moved to maintenance level. Requested funding for travel and training for Financial Services staff. Karen stated staff trains other department on MUNIS and it's important that they stay current on training. Staff paid for training out of pocket in 2018.Elections staff also has required training and this will be moved to maintenance level. There is a request for additional printed election materials and some of this is for pre-paid envelopes. • Discussion of the licensing sub-agent. Proposals were received and interviewed. The number one proposal has developed software that affects how vehicle dealerships license vehicles. Karen believes if this vendor is awarded the contract it would increase jobs and revenues to Mason County. There is a panel who will decide the contract award. Tuesday,October 23,2018 2:30 P.M. 2019 Budget Workshop Commissioners Neatherlin,Drexler and Shutty were in attendance. • Law Library The existing Westlaw contract was reconfigured into two contracts one to provide access for County/public users and one for the Mason County inmates. They included a 5%increase to online subscription budget line for the Westlaw contract and that will be moved to maintenance level. • Juvenile Probation In 2018 the existing Probation Support Specialist was reclassed upwards to a Juvenile Probation Counselor. 2019 requests:Reclass a Probation Counselor to a Juvenile Probation Lead Counselor; new clerical position. Jim explained the reasoning behind the staff requests. Cmmr.Neatherlin asked Jim to submit the Board of Mason County Commissioners' Briefing Meeting Minutes Week of October 22,2018 reclassification paperwork. Due to variations in grant funding,operating budget lines have increases and decreases. Considering all requests,the total increase to the county is about$55K. If the new positions are not approved,there will be budget reductions to his budgets. The ER&R vehicle costs are spread over all of the Juvenile Services budgets. There are budget requests for additional cell phones. Due to the complexity of the Juvenile Services budget due to the various grants,the Board will have further review of the requests with budget staff. • Therapeutic Courts include Adult Felony Drug Court,Family Recovery Court with a Mental Health track,Veterans Court and Mental Health Court. They continue to experience dramatic growth in participation and demand. There is a request for an increase to the Court Commissioner and for Chemical Dependency services. Cmmr. Drexler requested information as to why community service hours have dropped and an analysis of the travel line. The urinalysis fees are not offset by a revenue. The Caseworker position is full time. Cmmr.Neatherlin asked about the increase to the medical line. • Superior Court is requesting an increase to the Court Commissioner position. The Citizens Salary Commission is proposing a judicial officer increase of 10%+2.5% COLA in 2019. Request for an increase for jury fees due to an increase in jury trials. Cmmr.Drexler asked that we don't budget for involuntary treatment courts since it is unknown at this time.Maintenance for JAVS is the department's responsibility and will be moved to the maintenance level. Travel request will be moved to maintenance level because it covers Judge's mandatory training. 4:00 p.m. 2019 Budget Workshop—Coroner Commissioners Neatherlin,Drexler and Shutty were in attendance. • Coroner stated he is willing to absorb the$2,000 increase in forensic pathology in his professional services. The$2,000 request will be moved to maintenance level. Request for a new transport vehicle. Wednesday,October 24,2018 11:00 A.M. 2019 Budget Workshop Commissioners Neatherlin,Drexler and Shutty were in attendance. • Jennifer Beierle reviewed the various PLR's that she has moved to maintenance level and other proposed changes to the 2019 preliminary budget. Jen will work with Probation Services to consolidate his programs and simplify their budget. Brief discussion of restructuring ER&R Current Expense vehicles into Current Expense freeing up cash to purchase new vehicles. She will then run the numbers in order to provide to the Commissioners up-to-date budget numbers and anticipated revenues next week. Respectfully submitted, Diane Zoren,Administrative Services Manager BOARD OF MASON COUNTY COMMISSIONERS Randy Neatherlin Terri Drexler Kevin Shutty Chair Commissioner Commissioner BOARD OF MASON COUNTY COMMISSIONERS'BRIEFING MINUTES Mason County Commission Chambers,411 North 5th Street,Shelton,WA Week of October 29,2018 Monday,October 29,2018 9:00 A.M. Closed Session—RCW 42.30.140(4)Labor Discussion Commissioners Neatherlin,Drexler and Shutty met in Closed Session for a labor discussion with Frank Pinter and Jennifer Beierle from 9:00 a.m.to 9:45 a.m. 9:45 A.M. Executive Session—RCW 42.30.110(1)(i)Litigation Commissioners Neatherlin,Drexler and Shutty met in Executive Session for a litigation matter with Tim Whitehead,Tim Higgs and Mike Dorcy from 9:45 a.m.to 10:00 a.m. 10:00 A.M. Support Services—Frank Pinter Commissioners Neatherlin,Drexler and Shutty were in attendance. • For November 6 Action Agenda-items to set November 27 public hearing for 2019 levy certification and December 3 public hearing for 2019 budget. Currently in the preliminary 2019 budget both Current Expense and Road levies are increasing I%and the Traffic Diversion is at$2.16M. • Planning for final 2018 budget heating on December 11. LEOFF 1 budget needs a 2018 budget supplemental appropriation. • Open Space hearing will be set for December 4 to correct a 2017 application and consider 2018 applications. • The Board decided to not submit the ballot for the Economic Development Council Board of Directors 2019—2020 term. • Recognition to Parks Department from Youth Soccer will be set at the November 6 Commission meeting. • Power outage affecting downtown campus was set on Thursday,November 1 and that will be rescheduled. This is for PUD 3 upgrades. • On proposal was received for the Request for Proposals for Real Estate Services from Richard Beckman. The Board agreed to accept the proposal and the contract will be placed on the agenda. • Board of Equalization request to reconvene was approved for the November 6 agenda. 10:15 A.M. The Board took a 15 minute break. 10:30 A.M. Public Works—Jerry Hauth Utilities&Waste Management Commissioners Neatherlin,Drexler and Shutty were in attendance. • The Board agreed to a honorary road name proposal to recognize Kerry Schuffenahauer's 36 years of public service. • Regarding the Public Works parcel adjacent to the Eells Hill Transfer Station(42004-30- 60000)request to hire a consulting forester to evaluate the timber on the parcel. Department of Natural Resources has estimated the timber worth is between$0.5M to $1M. Public Works is recommending thinning the timber. There was discussion of whether to harvest the timber. Cmmr.Drexler voiced concern with the potential of an issue with pocket gopher. She would like to have a plan for the property. Frank Pinter noted that this parcel has been considered for a future jail facility. The Commissioners asked Jerry to contact a specialist who is familiar with pocket gophers and the impact to this parcel. • Jerry provided an updated Public Works Organization Chart. The proposal is to have two positions-Public Works Deputy Director and a County Road Engineer. The approved moving this to the November 6 agenda. Board of Mason County Commissioners' Briefing Meeting Minutes October 29,2018 • The Board approved moving forward the agreements for structural,geotechnical, hydraulic and engineering and construction services for 2019-2020 from the MRSC Consultant Roster. 11:00 A.M. 2019 Budget Workshop—Community Services Commissioners Neatherlin,Drexler and Shutty were in attendance. • Community Development budget was reviewed. 2019 expenditures haven't changed much. Will bring forward a proposal to increase building permit fees. Did not budget for across the board revenue increase and may see a 3%increase based on current fees. Discussion of stormwater review position. If fees are increased,there may be enough revenue generated for two new positions and the choice would be a plans examiner position and clerical. The goal is to reduce the lag time for permit issuance. Dave is proposing to add$20,000 to fire investigations. • Public Health revenues were reviewed,anticipating$25K in additional revenues and some grants are unknown. Looking at sharing the cost for the Public Health Officer with Grays Harbor and Lewis County. Expenditures were reviewed. • Historical Preservation and Abatement Funds were reviewed. • Community Support Services includes 2060 and 2163 recording fee revenues and expenditures were reviewed. • Mental Health transfers out were based on 2018 transfers except Therapeutic Court submitted a request for an increase of$42,949. Jen will check the expenditures in other departments and compare to the Mental Health budget. The$42,949 increase to Therapeutic Court is a PLR. The$150K to Jail mental health nursing,Jen will check on status of 2018 expenditure and for 2019 it is a PLR. 2019 Budget Workshops 1:30 p.m. Assessor—Melody Peterson Commissioners Neatherlin,Drexler and Shutty were in attendance. • Assessor Peterson explained the various reductions her office has made to meet the budget reductions. $78K was included in their 2019 request to increase all their staff to full time. The Assessor's fees are for Farm&Ag&DFL program. Expenditures were reviewed. The Terra Scan fee was paid from another fund and it's being allocated to Current Expense. Verification of sales is now being mailed and postage has increased although they have changed how they process their mailings to reduce costs as much as possible. 2:00 p.m. Public Defense—Peter Jones Commissioners Neatherlin,Drexler and Shutty were in attendance. • Review of the Public Defense budget. Expenditures have increased for the felony cases. Public Defense needs to replace a laptop computer in order to access Westlaw and the Commissioners requested staff check with Information Technology to see if I.T.plans to replace that laptop. 2:30 p.m. Clerk's Office—Sharon Fogo Commissioners Neatherlin,Drexler and Shutty were in attendance. • The Clerk's revenues and expenditures were reviewed. Anticipating a reduction of $43,615 in revenues. Jen and Sharon will review the salary requests. Sharon is requesting$1,500 in overtime. • Courthouse security was reviewed and is increasing by$3,500. 2:40 p.m. 2019 Budget Review—Jennifer Beierle Commissioners Neatherlin,Drexler and Shutty were in attendance. • Frank Pinter provided an updated 2019 preliminary budget spreadsheet that includes information up to last week. Of the$968,252 Treasurer revenue PLR,$500,000 is budgeted from Timber Trust and$150K from interest and other earnings. The mid Board of Mason County Commissioners' Briefing Meeting Minutes October 29,2018 Budget Review revenues are at$34,140,435 and expenditures are$34,987,151 for a difference of$846,716. There are Policy Level Requests of$2.4M. Cash balance is expected to be$5M. Staff will provide a summary of the outstanding PLR's and these will be reviewed next week. Jennifer provided some additional information on District Court's travel request. Staff has met with Probation Services to consolidate their budgets and with Superior Court to move Family Court to Current Expense. CJTA funding and expenditures will be budgeted for the entire 2019 year assuming the funding will continue. Respectfully submitted, Diane Zoren,Administrative Services Manager BOARD OF MASON COUNTY COMMISSIONERS Randy Neatherlin Terri Drexler Kevin Shutty Chair Commissioner Commissioner BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS Mason County Commission Chambers, 411 North 5th Street, Shelton, WA October 9, 2018 1. Call to Order—The Chairperson called the regular meeting to order at 9:03 a.m. 2. Pledge of Allegiance—Cmmr. Shutty led the flag salute. 3. Roll Call — Present: Commissioner District 1 - Randy Neatherlin; Commissioner District 2— Kevin Shutty; Commissioner District 3—Terri Drexler. 4. Correspondence and Organizational Business 4.1 Correspondence 4.1.1 Lee Swoboda sent a resignation letter for the Mason County Citizens Advisory Group. 4.1.2 Judge, Victoria Meadows sent in a letter pertaining to her retirement. 4.1.3 Brenda Hirschi sent in a letter regarding Timberland Regional Library. 4.1.4 Washington State Liquor and Cannabis Board sent liquor license application for Hood Canal Salmon Enhancement Group, held at The Salmon Center 600 NE Roessel Road, Belfair. 4.1.5 United States Department of the Interior Bureau of Indian Affairs sent notices of applications filed by the Skokomish Island Tribe to have real property accepted"in trust"for Parcel Number's 42102-22-00010, 42102-21-00000 and 42102-21-00010. 4.1.6 Port of Shelton sent a copy of Port of Shelton Tax Levy for 2019. 4.2 Timberland Regional Library Report- Cheryl Heywood 4.3 Timberland Regional Library 50`h Anniversary Proclamation 4.4 National 4-H Week Proclamation — Staff: Dan Teuteberg 5. Open Forum for Citizen Input— 5.1 Conley Watson spoke about an article in the Mason County Journal regarding water in Mason County and asked questions about the water systems. 5.2 Cynthia Bremeyer voiced concern about Truman Glick being the only park that closes in the winter in Mason County. Cmmr. Shutty did say he is looking into options and is working through options. 5.3 Kathy Haigh, Chair of the Mason County Housing Authority, spoke about the buildings run by the Housing Authority, noting various safety concerns. She said that though she is looking for funds, she hopes the County can step up and take care of some of these issues. 5.4 Cheryl Williams announced"Ballots and Baristas" being held by the League of Women Voters which will be held at the Belfair Starbucks on October 13, 2018 from 10:00 a.m. to Noon. 6. Adoption of Agenda - Cmmr. Shutty/Drexler moved and seconded to adopt the agenda as published. Motion carried unanimously. N-aye; S-aye; D-aye. 7. Approval of Minutes-September 24 and October 1, 2018 Briefing Minutes; September 25, 2018 Regular Meeting Minutes. Cmmr. Drexler/Shutty moved and seconded to approve the September 24, and October 1, 2018 briefing minutes and the September 25, 2018 Regular Meeting Minutes as presented. Motion carried unanimously. N-aye; S-aye; D-aye. 8. Approval of Action Agenda: 8.1 Approval to amend Resolution 10-09 to include the 2018 and 2019 Mason County Baseball Field Use fee schedule and deposit rates. The rates are adjusted by the Consumer Price Index for all cities, and will increase 2.7% in 2019. (Ex.A-Res 65-18) 8.2 Approval of Warrants &Treasure Electronic Remittances BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS October 9, 2018 - PAGE 2 Claims Clearing Fund Warrant #s $ Direct Deposit Fund Warrant #s $ Salary Clearing Fund Warrant #s $ Treasure Electronic Remittance for September 2018 $ 671,841.48 8.3 Approval to authorize the Deputy director/Utilities and Waste Management to sign the Mutual Aid and Assistance Agreement for Washington State for Intrastate Water/Wastewater Agency Response Network (WARN). 8.4 Approval to authorize the Chair to execute the Adopt-A-Road Agreement between Mason County and Kim Delany and Family. 8.5 Approval of the resolution adopting the updated Real Property and Right of Way Acquisition Procedure for Public Works Projects replacing those found in resolution 01- 14. 8.6 Approval to set two hearings on November 6, 2018 at 9:30 a.m. to consider the 2019 Annual Construction Program and 6-year Transportation Improvement Plan (TIP). 8.7 Approval to authorize the Chair to sign Joint Funding Agreement #19YGJFA03400 with the US Department of the Interior, U.S. Geological Survey, for the period October 1, 2018 to September 30, 2019. 8.8 Approval of the Criminal Justice Treatment Account (CJTA) Agreement #1863-34807 between the Washington State Health Care Authority and Mason County Therapeutic Courts in the amount of$49,130. This agreement is good through June, 2019. Cmmr. Shutty/Drexler moved and seconded to approve action items 8.1 through 8.8. Motion carried unanimously. N-aye; S-aye; D-aye. 9. Other Business (Department Heads and Elected Officials)- None. 10. 9:30 a.m. Public Hearings and Items set for a certain time— No hearings. 11. Board's Reports and Calendar-The Commissioners reported on meetings attended the past week and announced their upcoming weekly meetings. 12. Adjournment—The meeting adjourned at 9:45 a.m. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY, WASHINGTON Melissa Drewry, Clerk of the Board Randy Neatherlin, Chair Terri Drexler, Commissioner Kevin Shutty, Commissioner MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Patricia Grover, Mason County Noxious Action Agenda _X Weed Control Board Public Hearing Other DEPARTMENT: Commissioners EXT: 592 COMMISSION MEETING DATE: November 13, 2018 Agenda Item # Commissioner staff to com iete BRIEFING DATE: November 5, 2018 BRIEFING PRESENTED BY: Patricia Grover [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: 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. Background: The purpose of the amendment is to: 1. Extend the expiration date from June 30, 2018 to December 31, 2018. 2. Reallocation of funds to the Scope of Work tasks. No impact to 2018 budget. RECOMMENDED ACTION: Approval from Mason County Board of County Commissioners and Signature from Randy Neatherlin, Chair Mason County Commissioner. Attachment(s): Amendment No. 3 of Agreement WQAIP-2016-MasNWB-00013 11/6/2018 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: 12/31/2018 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 Administration/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 RECIPIENTS 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 7 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 survey protocols 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 IAVMP 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 12/31/2017 apprised of IAVMP process 3.4 Phase I of the planning process 12/31/2017 3.5 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 II 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 AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Melissa Drewry/Frank Pinter Action Agenda _X Public Hearing Other DEPARTMENT: Support Services EXT: COMMISSION MEETING DATE: Nov. 13, 2018 Agenda Item # g,a-- Commissioner staff to complete) BRIEFING DATE: Oct. 29, 2018 BRIEFING PRESENTED BY: Diane Zoren/Frank Pinter [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Professional Services Contract for Real Estate Services with Richard Beckman BACKGROUND: Richard Beckman has been representing the County in Real Estate matters since 2016. He was granted a contract extension for one year that has since expired. An RFP was held between October 2-23, 2018. RECOMMENDED ACTION: Approval to sign the Professional Services Contract for Real Estates Services with Richard Beckman Realty Group, LLC for 2019/2020 with the possibility of a two year extension. BUDGET IMPACTS: Commission is as follows: Commercial land — 7% Residential land- 5% Vacant Land — 8% ATTACH M E NT(S):: Copy of RFP submitted by Richard Beckman, LLC. Contract for 2019-2020 L•\Properly Mng\Beckman Contracts\Commission Agenda Item Summary Template.doc Richard Beckman Realty Group, LLC 117 N 8th St, Shelton WA 98584 360-426-5521 The names of individuals from the firm who will be working on the project and their areas of responsibility. • Richard Beckman, Designated Broker, List properties, present offers, negotiate deals • Annmarie Norcott, Licensed Broker, Assistant to Richard Beckman • Devony Maestas, Office Manager (clerical duties) • Robin Burns, Assistant (digital marketing: blogs, Facebook, website content, etc) A proposal of any program requirements the proposer would recommend based on a one-year contract. • Richard Beckman Realty Group would request to be awarded all the properties available to best service Mason County. This will insure a single point of contact for Mason County and provide consistency in listing properties and marketing efforts. • Mason County will provide a single electronically editable spreadsheet (preferably in Excel format) of all properties that the seller would like to potentially sell. This list should exclude properties that the County does not want to sell. Proposed financial agreement for real estate services. • Properties are one of three categories: Commercial, Residential or Vacant Land. Each category has a different commission % of the gross sales price as follows. o Commercial - 7% o Residential - 5% o Vacant Land - 8% • A minimum commission of $500.00 will be paid, regardless of sales price or proceeds to Mason County when listing property. • Most marketing efforts are at the expense of Richard Beckman Realty Group. However, special requested direct cost marketing, such as: neighborhood flyers, community postcards and large format newspaper ads would be at the expense of the seller. • Richard Beckman Realty Group is also a full service rental management company. In the event Mason County owns real estate that has tenants, Richard Beckman Realty Group can service the rental (collect rent, facilitate repairs, disperse rent payments, place tenants in units, evictions, etc) • Other routine seller fees / charges associated with closings (ownership transfer) are the responsibility of Mason County. This may include, but would not be limited to: title, escrow, property tax, etc. • Although buyers fees / charges (title, escrow, property tax, etc.) are typically paid by the buyer, these items can be negotiated as part of the real estate contract and may be paid by the seller if the seller agrees to it. This will be addressed on a case by case basis. • When representing Mason County as a purchaser of property for sale through the NWMLS or other brokerage type exchanges, the seller typically will pay commission. In the event Mason County wants The Richard Beckman Group to help acquire property outside of a MLS service, a 5% commission will be charged, with a minimum commission of$1,000.00. • Should the County receive and accept a purchase and sales agreement before the end of the term of this agreement, and the closing occurs after this agreement expires, Mason County will pay the agreed upon sales commission to Richard Beckman Realty Group. A sample property marketing and sales strategy. • Richard Beckman Realty Group own and maintains numerous internet domain names that specifically advertise to different market segments and communities. The use of these top ranking websites, combined with our social media efforts insure we reach the most possible available buyers for each property. Further, we utilize email campaigns and in some cases (where justified), newspaper ads to broaden our reach and obtain more potential buyers of properties we represent. Buyers searching for property in Mason County will see our sites and thus our listings first as our sites rank on the first page of major search engines: Google, Yahoo, Bing, etc. • You may be asking why we emphasize so much on the internet marketing aspect of our business, the answer is simple. Over 90% of all property searchers, search, find and research property on the internet. Our direct marketing websites generate hundreds of unique page views daily, capturing potential buyers. A short narrative of how the proposer intends to implement a real estate program for the County. • Richard Beckman Realty Group would initially take the available properties and "drip" them into our marketing system. This will help insure that new listings each get some top of mind awareness and that we do not flood a particular community with too many new listings at once. • New properties that become available after the initial group will be placed immediately into our marketing system and efforts will be begin right away to locate buyers. An explanation of needs or requirements the contractor would need from the County. • Our only real requirement is time. Real estate transaction are time sensitive transactions. We would require Mason County to promptly respond to questions or offers and provide a point of contact so that we may know who we should address questions and concerns with. Acknowledgement that employees will be required to pass a criminal background check to access any County buildings, especially the courthouse. • It is hereby acknowledged that a background check will be required to access County buildings. Conflicts of Interest • The Richard Beckman Realty Group has one broker who is a current employee of Mason County. That employee will not list properties for sale by Mason County. Experience of contractor: • Richard Beckman Realty Group has actively marketed the sellers property for the last several years. In that time, we have successfully helped Mason County dispose of numerous surplus properties. Our experience, history of these transactions and success we have had so far in assisting Mason County sell property should speak for itself. • Richard Beckman is a local expert with knowledge of our communities. Richard has been a Realtor®for over 20 years and is the designated broker/ owner of Richard Beckman Realty Group, LLC. Over those years, Richard went from an agent to owning his own company. In addition, Richard has 20 other active Realtors ® who are experienced and work directly in our communities and neighborhoods, helping both buyers and sellers. Prior to becoming a Realtor ®, Richard worked as a marketing and sales representative for Realtor.com. Proposer to submit Attachment "A" Acknowledgment with proposal. • See attached Attachment A ACKNOWLEDGMENT OF CERTAIN CONDITIONS OF MASON COUNTY REAL ESTATE PROFESSIONAL SERVICES In the event of a successful award of contract,proposer acknowledges that: He/She will be able to comply with the insurance requirements of the Real Estate Services Contract and to provide in a timely manner,a certificate of insurance. He/She will have in their possession,or will obtain prior to contract commencement,a valid business registration,as well as all other required permits or licenses required by the State of Washington,Mason County or any other lawful authority. Proposer• Signature Date Name(please print) o Company Name �`� lio• C L� MASON COUNTY PROFESSIONAL SERVICES CONTRACT REAL ESTATE SERVICES This CONTRACT is made and entered into by and between Mason County, hereinafter referred to as "COUNTY" and Richard Beckman Realty Group, LLC hereinafter referred to as "CONTRACTOR." RECITALS: WHEREAS, COUNTY desires to retain a person or firm to provide professional real estate services including the sale of surplus property and additional services as deemed necessary; and WHEREAS, COUNTY released a Request for Proposals (RFP) soliciting proposals from qualified individuals and/or firms, and the CONTRACTOR submitted a proposal which was awarded; and WHEREAS, CONTRACTOR warrants that it is qualified and competent to render the aforesaid services. NOW, THEREFORE, for and in consideration of the CONTRACT made, and the payments to be made by COUNTY, the parties agree to the following: Special Conditions Offer Acceptance to Close of Sale Timeline: CONTRACTOR is responsible for ensuring that Offers to purchase being submitted to the County Commissioners for acceptance consideration include adequate time for processing the Offer. CONTRACTOR must allow a minimum of thirty (30) days from date of Offer submission to estimated ownership transfer (Closing) date with the understanding that any Counter-Offers made by COUNTY or the potential Buyer will add and additional fifteen (15) days to the processing timeline for each Counter-Offer. It is the CONTRACTOR's responsibility to inform the potential Buyers of the timeline. Marketing: CONTRACTOR will conduct marketing efforts at the expense of CONTRACTOR except for direct cost marketing, such as neighborhood flyers, community postcards and large format newspaper ads which may be approved and paid for by COUNTY. Any direct marketing cost must be approved in writing by County prior to incurring the expense. COUNTY will not be responsible for reimbursing CONTRACTOR for any expenses incurred prior to obtaining written approval. Seller Fees: COUNTY will be responsible for the costs associated with routine seller fees and/or charges associated with Closing. These costs may include, but would not be limited to: title, escrow, property taxes and similar. 1 Buyer Fees: COUNTY acknowledges that although Buyers fees and charges such as title, escrow, and property taxes are typically paid by the Buyer, these items can be negotiated as part of the real estate contract and may be paid by COUNTY if COUNTY agrees as part of the sale negotiation. Property Sale Closing After Contract Expiration: If COUNTY receives and accepts a purchase and sales agreement before the end of the term of this CONTRACT, and the Closing occurs after this CONTRACT expires, COUNTY will pay the agreed upon sales commission to CONTRACTOR. IRS W-9 Form: CONTRACTOR will provide COUNTY with a completed IRS W-9 form within five (5) days of CONTRACT execution. Additional Services: Should COUNTY request and CONTRACTOR agree to provide any additional services the services to be provided and the compensation the CONTRACTOR will receive must be detailed in a written document signed by individuals authorized to bind each of the parties. Present Offers: CONTRACTOR will present Offers to COUNTY at Commissioners' Briefings if requested by COUNTY's Property Manager or designee. General Conditions Scope of Services: The CONTRACTOR agrees to provide COUNTY the services and any materials as required to provide the identified services during the CONTRACT period. No material, labor or facilities will be furnished by COUNTY, unless otherwise provided for in the CONTRACT. Performance Period: The performance period for this CONTRACT will start upon date of the last signature and will last for two (2) years. Extension: The duration of this CONTRACT may be extended by mutual written consent of the parties for a period of two additional years. Term: Services provided by CONTRACTOR prior to or after the term of this CONTRACT shall be performed at the expense of CONTRACTOR and are not compensable under this CONTRACT unless both parties hereto agree to such provision in writing. Compensation: CONTRACTOR will be paid a commission for sales as follows: Commercial property at seven percent (7%) of the gross sales price; Residential property at five percent (5%) of the gross sales price; and Vacant Land at eight percent (8%) of the gross sales price. A minimum commission of$500.00 will be paid regardless of sales price or proceeds. CONTRACTOR's commission will be paid at time of Closing by the Escrow Company handling the transfer of ownership. 2 If the COUNTY chooses to have the CONTRACTOR assist with acquisition of property outside of a MLS service, a 5% commission will be charged, with a minimum commission of$1,000. 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. CONTRACTOR acknowledges that the entire compensation for this CONTRACT is specified in "Compensation" above and the CONTRACTOR is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of COUNTY. CONTRACTOR will defend, indemnify and hold harmless COUNTY, its officers, agents or employees from any loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. Assignment and Subcontracting: The performance of all activities contemplated by this CONTRACT shall be accomplished by CONTRACTOR. No portion of this CONTRACT may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of COUNTY. Conflict of Interest: If at any time prior to commencement of, or during the term of this CONTRACT, CONTRACTOR or any of its employees involved in the performance of this CONTRACT shall have or develop an interest in the subject matter of this CONTRACT that is potentially in conflict with the COUNTY's interest, then CONTRACTOR shall immediately notify COUNTY of the same. The notification of COUNTY shall be made with sufficient specificity to enable COUNTY to make an 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. CONTRACTOR has disclosed that a Mason County employee works for the Richard Beckman Realty Group as a licensed Real Estate agent which, at the time of contract execution, has not been deemed a conflict. Non-Discrimination in Employment: 3 COUNTY's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. CONTRACTOR shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which CONTRACTOR is governed by such laws, CONTRACTOR shall take affirmative action to insure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, CONTRACTOR shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The foregoing provisions shall also be binding upon any sub-contractor, provided that the foregoing provision shall not apply to contracts or sub-contractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. Non-Discrimination in Client Services: CONTRACTOR shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny an individual or business any service or benefits under this CONTRACT; or subject an individual or business to segregation or separate treatment in any manner related to his/her/its receipt any service or services or other benefits provided under this CONTRACT; or deny an individual or business an opportunity to participate in any program provided by this CONTRACT. Waiver of Noncompetition: CONTRACTOR irrevocably waives any existing rights which it may have, by contract or otherwise, to require another person or corporation to refrain from submitting a proposal to or performing work or providing supplies to COUNTY, and CONTRACTOR further promises that it will not in the future, directly or indirectly, induce or solicit any person or corporation to refrain from submitting a bid or proposal to or from performing work or providing supplies to COUNTY. 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: 4 CONTRACTOR, its employees, sub-contractors, and their employees shall maintain the confidentiality of all information provided by COUNTY or acquired by CONTRACTOR in performance of this CONTRACT, except upon the prior written consent of COUNTY or an order entered by a court after having acquired jurisdiction over COUNTY. CONTRACTOR shall immediately give to COUNTY notice of any judicial proceeding seeking disclosure of such information. CONTRACTOR shall indemnify and hold harmless COUNTY, its officials, agents or employees from all loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees and costs resulting from CONTRACTOR's breach of this provision. Right to Review: This CONTRACT is subject to review by any Federal, State or COUNTY auditor. COUNTY or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by COUNTY's Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on-site inspection by COUNTY agents or employees, inspection of all records or other materials which COUNTY deems pertinent to the CONTRACT and its performance, and any and all communications with or evaluations by service recipients under this CONTRACT. CONTRACTOR shall preserve and maintain all financial records and records relating to the performance of work under this CONTRACT for six (6) years after CONTRACT termination, and shall make them available for such review, within Mason County, State of Washington, upon request. Insurance Requirements: At a minimum, CONTRACTOR shall provide insurance that meets or exceeds the requirements detailed in "Exhibit A Insurance Requirements." Proof of Insurance: A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to COUNTY within five (5) days of CONTRACT execution. Industrial Insurance Waiver: With respect to the performance of this CONTRACT and as to claims against COUNTY, its officers, agents and employees, CONTRACTOR expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this CONTRACT extend to any claim brought by or on behalf of any employee of CONTRACTOR. This waiver is mutually negotiated by the parties to this CONTRACT. CONTRACTOR Commitments, Warranties and Representations: Any written commitment received from CONTRACTOR concerning this CONTRACT shall be binding upon CONTRACTOR, unless otherwise specifically provided herein with reference to this paragraph. Failure of CONTRACTOR to fulfill such a commitment shall render CONTRACTOR liable for damages to COUNTY. A commitment includes, but is not limited to, any representation made prior to execution of this CONTRACT, whether or not incorporated elsewhere herein by reference, as to performance of services or equipment, prices or options for future acquisition to remain in effect for a fixed period, or warranties. Defense and Indemnity Contract: 1. 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, 5 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. Participation by County— No Waiver. COUNTY reserves the right, but not the obligation, to participate in the defense of any claim, damages, losses or expenses and such participation shall not constitute a waiver of CONTRACTOR's indemnity obligations under this CONTRACT. Survival of CONTRACTOR's Indemnity Obligations. CONTRACTOR agrees all CONTRACTOR's indemnity obligations shall survive the completion, expiration or termination of this CONTRACT. Indemnity by Subcontractors. In the event the CONTRACTOR enters into subcontracts to the extent allowed under this CONTRACT, CONTRACTOR's subcontractors shall indemnify COUNTY on a basis equal to or exceeding CONTRACTOR's indemnity obligations to COUNTY. Compliance with Applicable Laws, Rules and Regulations: This CONTRACT shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, political subdivisions of the State of Washington and Mason County. CONTRACTOR also agrees to comply with applicable Federal, State, County or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. Administration of Contract: COUNTY hereby appoints, and CONTRACTOR hereby accepts, the Mason County Budget Manger or his/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: Budget Manager Mason County 411 N. 5th Street Shelton, WA 98584 CONTRACTOR's Primary Contact's Information: Richard Beckman, Designated Agent 6 Richard Beckman Realty Group 117 N 8th Street Shelton, WA 98584 Phone: 360-426-5521 E-mail: richard@richardbeckman.com Notice: Except as set forth elsewhere in the CONTRACT, for all purposes under this CONTRACT except service of process, notice shall be given by CONTRACTOR to COUNTY's Administrative Officer under this CONTRACT. Notices and other communication may be conducted via e-mail, U.S. mail, fax, hand-delivery or other generally accepted manner including delivery services. Modifications: Either party may request changes in the CONTRACT. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. Termination for Default: If CONTRACTOR defaults by failing to perform any of the obligations of the CONTRACT or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, COUNTY may, by depositing written notice to CONTRACTOR in the U.S. mail, terminate the CONTRACT, and at COUNTY's option, obtain performance of the work elsewhere. If the CONTRACT is terminated for default, CONTRACTOR shall not be entitled to receive any further payments under the CONTRACT until all work called for has been fully performed. Any extra cost or damage to COUNTY resulting from such default(s) shall be deducted from any money due or coming due to CONTRACTOR. CONTRACTOR shall bear any extra expenses incurred by COUNTY in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by COUNTY by reason of such default. If a notice of termination for default has been issued and it is later determined for any reason that CONTRACTOR was not in default, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Public Convenience paragraph hereof. Termination for Public Convenience: COUNTY may terminate this CONTRACT in whole or in part whenever COUNTY determines, in its sole discretion, that such termination is in the interests of COUNTY. 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. Disputes: 1. Differences between the CONTRACTOR and COUNTY, arising under and by virtue of the AGREEMENT shall be brought to the attention of COUNTY at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. For objections that are not made in the manner specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. 2. The CONTRACTOR shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer of COUNTY, or (2) the happening of any event or occurrence, unless the CONTRACTOR has given COUNTY a written Notice of Potential Claim within ten (10) days of the commencement of 7 the act, failure, or event giving rise to the claim, and before final payment by COUNTY. The written Notice of Potential Claim shall set forth the reasons for which the CONTRACTOR believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. CONTRACTOR shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. 3. The CONTRACTOR shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by COUNTY, the CONTRACTOR has given COUNTY a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. Arbitration: Other than claims for injunctive relief brought by a party hereto (which may be brought either in court or pursuant to this arbitration provision), and consistent with the provisions hereinabove, any claim, dispute or controversy between the parties under, arising out of, or related to this CONTRACT or otherwise, including issues of specific performance, shall be determined by arbitration in Shelton, Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date hereof, as modified by this CONTRACT. There shall be one arbitrator selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this CONTRACT shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief (including specific performance), or any other remedy available from a judge, including expenses, costs and attorney fees to the prevailing party and pre-award interest, but shall not have the power to award punitive damages. The decision of the arbitrator shall be final and binding and an order confirming the award or judgment upon the award may be entered in any court having jurisdiction. The parties agree that the decision of the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the request of either party made not later than forty-five (45) days after the arbitration demand, the parties agree to submit the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided, that either party may decline to mediate and proceed with arbitration. Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this CONTRACT, the venue of such action of litigation shall be in the courts of the State of Washington and Mason County. Unless otherwise specified herein, this CONTRACT shall be governed by the laws of Mason County and the State of Washington. 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 8 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 and federal and state executive orders. B. CONTRACT-Special Conditions C. CONTRACT-General Conditions D. Request for Real Estate Services Proposal as Issued by COUNTY E. CONTRACTOR's Proposal as Submitted and Revised by CONTRACTOR Entire Contract: This written CONTRACT, comprised of the writings signed or otherwise identified and attached hereto, represents the entire CONTRACT between the parties and supersedes any prior oral statements, discussions or understandings between the parties. Exhibits: Exhibit A-Insurance Requirements Exhibit B-Request for Proposals Exhibit C-Proposal Submitted by Richard Beckman Realty Group, LLC IN WITNESS WHEREOF, COUNTY and CONTRACTOR have executed this CONTRACT as of the date and year last written below. RICHARD BECKMAN REALTY GROUP, LLC BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Richard Beckman, Designated Broker Randy Neatherlin, Chair Dated: Dated: APPROVED AS TO FORM: Tim Whitehead, Chief DPA 9 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Jennifer Giraldes Action Agenda _X_ Public Hearing Other DEPARTMENT: Support Services EXT: 380 DATE: November 13, 2018 Agenda Item # g 3 (Commissioner staff to complete) BRIEFING DATE: BRIEFING PRESENTED BY: [X] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval of Warrants &Treasure Electronic Remittances Claims Clearing Fund Warrant #s 8060262-8060363 $ 225,397.17 Direct Deposit Fund Warrant #s $ Salary Clearing Fund Warrant #s $ Treasure Electronic Remittance for October 2018 $ 185,435.70 Electronic Remittance Detail Macecom 10/5/18 $ 121,431.77 Mental Health 10/10/18 $ 3,662.11 Community Health &Social Services 10/10/18 $ 1,024.95 Mental Health to Therapeutic Court 10/15/18 $ 59,316.87 Refund Interest Earned 10/31/18 $ 5.25 Background: The Board approved Resolution No. 80-00 Payment of Claims Against County: Procedure Authorizing Warrant Issue and Release Prior to Board Claim Approval. Mason County Code 3.32.060(a) requires that the board enter into the minutes of the County Commissioners the approval of claims listing warrant numbers. Claims Clearing YTD Total $ 23,178,488.47 Direct Deposit YTD Total $ 14,042,702.70 Salary Clearing YTD Total $ 14,813,106.64 Approval of Treasure Electronic Remittances YTD Total $ 7,475,830.78 RECOMMENDED ACTION: Approval to: Move to approve the following warrants: Claims Clearing Fund Warrant #s 8060262-8060363 $ 225,397.17 Direct Deposit Fund Warrant #s $ Salary Clearing Fund Warrant #s $ Treasure Electronic Remittance for October 2018 $ 185,435.70 Attachment(s): Originals on file with Auditor/Financial Services (Copies on file with Clerk of the Board) N /Q, 'So Co Office of the Treasurer A 411 N. 5th, Bldg. W P.O. Box 429 t`., The Shelton, Washington 98584-0429 As (360) 427-9670, ext. 475 • Fax (360) 427-7267 Belfair (360) 275-4467 • Elma (360) 482-5269 S Elisabeth (Lisa) Frazier, Treasurer 157672515 -Tow Payment approval of Macecom: �, I (� �IL4 :�5T� J Account FUND # Remittance RECEIPT # Macecom 001.000000.300.300 $ 1211431.77 M-48237 $ - 10/10/2018 Payment approval of Mental Health: Account FUND # Remittance RECEIPT # MENTAL HEALTH 164.000000.000.000 $ 3,662.11 M-48370 $ - M- Payment approval of Community Health & Social Services Fees: 10/10/2018 BOND FISCAL FUND AGENT FUND No. ACCT. #'S Remiittance RECEIPT # Community Health & Social Services 637.000000.000.000 $ 1,024.95 M- 15-Oct-1 8 -15-Oct-18 Account FUND # Remiittance RECEIPT # Mental Health- Budgeted Transfer 164.000000.100.000 $ 59,316.87 M-48475 Therapeutic Court 001.000000.256.100 $59,316.87 M-48476 15-Oct-18 31-Oct-18 REFUND INTEREST EARNED T(>�a,� "J►a5 Account FUND # Remiittance RECEIPT # CURRENT EXPENSE 001.000000.260.000 $ 2.30 Multiple Rec ROAD DIV-CURRENT EXPENSE 001.000000.260.010 $0.50 Multiple Rec Veterans Assistance 190.000000.000.000 $ - Multiple Rec COUNTY ROAD 105.000000.000.000 $2.05 Multiple Rec MENTAL HEALTH 164.000000.000.000 $0.04 Multiple Rec Respectfully submitted by Julie Richert, Chief Deputy ` 10/31/2018 MASON COUNTY AGENDA ITEM SUMMARY FORM To: Board of Mason County Commissioners From: Kell Rowen, Planning Manager Action Agenda 0 Public Hearing ❑ Other ❑ Department: Community Services Ext: 286 Date: November 13, 2o18 Agenda Item # g, (Commissioner Staff To Complete) Briefing Date: November 5, 2o18 Briefing Presented By: Kell Rowen [ ] Item Was Not Previously Briefed With The Board Please Provide Explanation Of Urgency ITEM: Set a public hearing on December 4, 2018 at 9:3o a.m.to consider two(2) separate code amendments. BACKGROUND: 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 1S, 2o18.They have recommended approval of both amendments to the BOCC. RECOMMENDED ACTION: Board of County Commissioners shall set a public hearing on December 4, 2o18 at 9:30 a.m.to consider two(2)separate code amendments. ATTACHMENT(S): Notice of Hearing Staff Reports 11/7/2018 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) STAFF REPORT A PUBLIC HEARING for proposed amendments to the Development Code, Section 15.13 relating to ENFORCEMENT 1. Contact Person Kell Rowen, Planning Manager Mason County Community Services 615 W. Alder St.; Shelton, WA 98584 360.427.9670 ext. 286 2. Introduction Mason County Planning Staff is proposing an amendment to the Mason County Code Title 15 (Development Code), Section 15.13, reinstating Hearing Examiner procedures for Code Enforcement cases. 3. Discussion Title 15, Section 15.13.045 and other related sections were eliminated from the Development Code in 2017 in an effort to streamline code enforcement actions strictly through the administrative process. Mason County Community Services Code Enforcement staff finds that there are many cases that are difficult to achieve compliance without the assistance of the Hearing Examiner process. Reinstating the Hearing Examiner procedures will give Code Enforcement staff additional resources for code compliance if administrative actions are unsuccessful. 4. Recommendation At their regularly scheduled meeting on October 15, 2018, the Planning Advisory Commission recommended approval to the Board of County Commissioners for adoption. 5. Attachments • Title 15, Section 15.13 with markup Staff Report BOCC Title 15 10-29-2018 Page 1 11/7/2018 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 provisions.-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 II 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 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 violation 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,ate-criminal penalties and/or appearance before the Hearing Examiner. eefi... 1c 13,04-S.- 19 0 c19 See fie., 15.1020. 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 r guired 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 mgy participate as parties in the hearing and each par y 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 may 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 detennination 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 re ag rding 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: d 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 HearingExaminer 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 Authoriy 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 following factors: 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 9ther 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 copy of 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 fine 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 STAFF REPORT A PUBLIC HEARING for proposed amendments to the Development Regulations, Section 17.12 relating to the VILLAGE COMMERCIAL zone in the Allyn UGA 1. Contact Person Kell Rowen, Planning Manager Mason County Community Services 615 W. Alder St.; Shelton, WA 98584 360.427.9670 ext. 286 2. Introduction Mason County Planning Staff is proposing an amendment to the Mason County Code Title 17 (Development Regulations), Section 17.12, adding "Duplex", "Triplex" and "Residential" as allowed uses on certain sized lots in the Village Commercial (VC) District of the Allyn Urban Growth Area (UGA). 3. Discussion Currently, the VC zone for the Allyn UGA allows "Multi-Family dwelling units (min 4 units)" as the only allowed residential development. This allowance requires that a single structure have at least 4 units and should not be confused with "units per acre". Although the VC zone in the Allyn UGA does not address the minimum or maximum "units per acre", the typical Growth Management standard for residential development within an Urban Growth Area is a minimum of four (4) units per acre. There are several undeveloped lots within the VC zone that are suitable for residential development but are too small to accommodate a minimum of four (4) units. Staff recommends amending the code to allow "Duplexes" on lots % acre or smaller and "Triplexes" on lots % acre or smaller. In addition, "Residential (one or more) attached to any other permitted non-residential use" was added as an allowed use during the Planning Advisory Commission public hearing. Subject uses will still need to satisfy all other prescribed zoning regulations and performance standards as required. 4. Recommendation At their regularly scheduled meeting on October 15, 2018, the Planning Advisory Commission recommended the attached code amendments for approval to the Board of County Commissioners for adoption. 5. Attachments • Title 17, Section 17.12 with markup Staff Report BOCC Title 17 10-15-2018 Page 1 11/7/2018 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. €MJA6DRAFr Allyn Zoning 04.'�;T10.30.2018.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) 4- 18. Fabric and yarn goods 4819. Florists 4-9-.20. Food Stores, retail including groceries, bakers, butchers, health, candy 20:21. Furniture stores 24-22. Grocery stores 223. Hotels / motels 224. Household fixtures including plumbing, lighting, heating/cooling 24:25. Hardware stores 226. Hobby shops 2-6-.27. Jewelry store 228. Locksmith 229. Medical offices, clinics, equipment and services (i.e. labs) 230. Multi-Family dwelling units (min 4 units) X31. Music stores, recordings and instruments X1-32. Offices 3-2-.33. Paint and glass shops X34. Pharmacy, dispensing 34:35. Photographic studio X36. Printing, publishing and reproduction 36-:37. Radio and Television broadcasting station 38. Residential (one or more) attached to any other permitted non-residential use X39. Restaurants, cafes and food stands: sit down and walk up x:40. Retail shops not otherwise named similar in size, character and impacts 39-.41. Second hand stores and pawn shops 40:42. Sports related service businesses such as kayak rentals, boat tours, scuba instruction 44-:43. Sporting goods store including equipment rental and repair €INA6DRAFT Allyn Zoning 04.25.201 10.30.2018.doc Page 30 444. Stationary and office supply stores 4 .45. Toy Stores 446. Theater, live stage, 447. Theater, motion picture, one screen and no more than 250 seats 46A8. Tourism related retail and service businesses such as travel, tour and event agencies 449. 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 shall 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 r,�DRAFT Allyn Zoning 04.'v x25.201 r.'""" 10.30.2018.doc Page 31 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Jerry W. Hauth, Director/County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: November 13, 2018 Agenda Item # 5 BRIEFING DATE: November 5, 2018 BRIEFING PRESENTED BY: Sarah Grice [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: On-Call Consultant Services BACKGROUND: 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 ACTION ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Jerry W. Hauth, P.E. Director/County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 DATE: November 13, 2018 Agenda Item # BRIEFING DATE: November 5, 2018 BRIEFING PRESENTED BY: Loretta Swanson [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency 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 septic transport line and power under the North Shore Road for parcel 32220-50-03313. ATTACHMENTS: PLO Permit Exhibit 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 130' day of November, 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. III. UTILITY PERMIT REQUIRED Permittee shall not commence or perform work to install, construct, maintain repair, replace adjust,connect,disconnect,rebuild,or relocate its utility facilities within the road rights-of-way (hereafter collectively or individually the "Work"), without first applying for, paying all associated fees, and obtaining a utility permit as required pursuant to Title 12 of the Mason County Code. In any utility permit so issued, the County may impose, as a condition of the granting the utility permit,such conditions and regulations as may be necessary for the protection, preservation and management of the road rights-of-way, including, by way of example and not limitation, for the purpose of protecting any structures in the road rights-of-way, maintaining proper distance from other utilities,ensuring the proper restoration of such road rights-of-way and structures,and for the protection of the County and the public and the continuity of pedestrian and vehicular traffic. Permittee shall first file with the County Engineer its application for a utility permit to do such Work together with plans and specifications showing at a minimum: A. The position, depth and location of all such utility facilities sought to be constructed, laid, installed or erected at that time, showing their relative position to existing county roads, rights-of-way or other county property upon plans drawn to scale,hereinafter collectively referred to as the"map of definite location; B. The class and type of material and equipment to be used, manner of excavation, construction, installation, backfill, erection of temporary structures, erection of permanent structures,traffic control,traffic turnouts and road obstructions; C. The manner in which the utility facility is to be installed; D. Measures to be taken to preserve safe and free flow of traffic; E. Structural integrity of the roadway,bridge, or other structure; F. Specifications for the restoration of the county road, right-of-way or other county property in the event that the road right of way will be disturbed by the Work; and 2 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 Pen nittee'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. IX. PRESERVATION OF MONUMENTS/MARKERS Before any Work is performed under this permit which may affect any existing monuments or markers of any nature relating to subdivisions, plats, roads and all other surveys,the Permittee shall reference all such monuments and markers. The reference points shall be so located that they will not be disturbed during the Permittee's Work and operations under this Permit. The method of referencing these monuments or other points to be referenced shall be approved by the County Engineer. The replacement of all such monuments or markers disturbed during construction shall be made as expeditiously as conditions permit in accordance with RCW 58.24 and WAC 332-120, and as directed by the County Engineer. The cost of monuments or other markers lost, destroyed, or disturbed, and the expense of replacement by approved monuments shall be borne by the Permittee. A complete set of reference notes for monument and other ties shall be filed with the office of the Mason County Engineer. X. VACATION OF ROAD RIGHT-OF-WAY If at any time the County shall vacate any County road or right-of-way or other County Property which is subject to rights granted by this Permit and said vacation shall be for the purpose of acquiring the fee or other property interest in said road or right-of-way for the use of the County, in either its proprietary or governmental capacity, then the Board of Mason County Commissioners may,at its option,and by giving thirty(30)days written notice to the Permittee, terminate this Permit with reference to such county road right-of-way or other County property so vacated,and the County of Mason shall not be liable for any damages or loss to the Permittee by reason of such termination. It has been the practice of Mason County to reserve easements for utilities at the time of road vacation,and will continue to be the practice until such time the Board of Mason County Commissioners direct a change of practice. 8 XI. FINANCIAL SECURITY A. Insurance It is intended that the following insurance requirements shall apply to the person performing the Work in the road right-of-way. Permittee and Perrnittee's contractors shall not perform or cause to be performed any Work, unless and until Permittee (to the extent Permittee performs any of the Work in the road right-of-way) or its contractors (to the extent Permittee's contractor performs any of the Work in the road right-of-way)provide certificates of insurance evidencing that Permittee or Permittee's contractors are in compliance with the following requirements, including,maintaining insurance in at least in the following amounts: 1.COMMERCIAL GENERAL LIABILITY insurance to cover liability,bodily injury,and property damage. The Commercial General Liability insurance shall be written on an occurrence basis, with an aggregate limit location endorsement for the Permit Area, and shall provide coverage for any and all costs,including defense costs,and losses and damages resulting from personal injury,bodily injury and death,property damage,products liability and completed operations arising out of the Work. Coverage must be written with the following limits of liability: Bodily and Personal Injury& Property Damage $ 1,000,000 per Occurrence $ 2,000,000 aggregate 2 WORKERS'COMPENSATION insurance shall be maintained by Permittee's contractor to comply with statutory limits for all employees, and in the case any work is sublet, the contractor shall require its subcontractors similarly to provide workers' compensation insurance for all the employees. 3.COMPREHENSIVE AUTO LIABILITY insurance shall include owned,hired, and non-owned vehicles on an occurrence basis with coverage of at least $500,000 per occurrence. The required insurance shall be maintained from the time that Work in the road right-of-way commences until the Work is complete and the utility permit issued for said Work has been released by the County Engineer, or his or her designee. If the Permittee or its contractors and subcontractors do not have the required insurance, the County may require such entities to stop operations until the insurance is obtained and approved. Permittee shall, or shall cause its contractors to, file with the application for a utility permit, certificates of insurance reflecting evidence of the required insurance in a form and content approved by the County's Risk Manager. All coverage shall be listed on one certificate with the same expiration dates. 9 The certificates shall contain a provision that coverages afforded under these policies will not be canceled until at least 30 days'prior written notice has been given to the County. In the event that the insurance certificate provided indicates that the insurance shall terminate or lapse during the period of the Work,then, in that event,the Permittee shall furnish, at least 30 days prior to the expiration of the date of such insurance, a renewed certificate of insurance as proof that equal and like coverage has been or will be obtained prior to any such lapse or termination during the balance of the period of the Permit. The County reserves the right, during the term of the Permit, to require any other insurance coverage or adjust the policy limits as it deems reasonably necessary utilizing sound risk management practices and principals based upon the loss exposures. Each insurance policy required pursuant to this Permit shall be primary and non-contributing as respects any coverage maintained by the County and shall include an endorsement reflecting the same. Any other coverage maintained by County shall be excess of this coverage herein defined as primary and shall not contribute with it. The certificate of insurance must reflect that the above wording is included in all such policies. Each insurance policy obtained pursuant to this Permit shall be issued by financially sound insurers who may lawfully do business in the State of Washington with a financial rating at all times during coverage of no less than rating of"A" and a class of"X" or better in the latest edition of"Best's Key Rating Guide"published by A.M.Best Company,or such other financial rating or rating guide approved in writing by the County's risk manager. In the event that at any time during coverage,the insurer does not meet the foregoing standards,Permittee shall give or shall cause its contractors to give prompt notice to the County and shall seek coverage from an insurer that meets the foregoing standards. The County reserves the right to change the rating or the rating guide depending upon the changed risks or availability of other suitable and reliable rating guides. Comprehensive general liability insurance policies and coverage obtained pursuant to this Permit shall include an endorsement(standard ISO form CG 24-17)deleting all exclusions for work or incidents occurring within any distance from a railroad track or railroad property,or on,over,or under a railroad track. Insurance policies required pursuant to this Permit shall have no non-standard exclusions unless approved of by the County Risk Manager or designee. Commercial general liability insurance policies obtained pursuant to this Permit shall name the County as an additional insured without limitation,pursuant to an endorsement approved of by the County's Risk Manager or designee. Permittee or Permittee's Contractors' insurers, through policy endorsement, shall waive their rights of subrogation against the County for all claims and suits. The certificate of insurance must reflect this waiver of subrogation rights endorsement. 10 B. Contractor Bond. All contractors performing Work on behalf of Permittee shall be licensed and bonded. C. Limitation of Liabilitv. 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. XIX. RECORDING OF MEMORANDUM OF PERMIT The Parties agree that a"Memorandum of Permit" in substantially the form attached hereto as Exhibit`B",shall be filed for record with the Office of the Mason County Auditor upon written acceptance by the Permittee. The cost and expense of such filing shall be borne by the Permittee if not already included in the fee for issuance of this Permit. Notwithstanding the foregoing,this Permit is not intended nor shall it be construed to create an interest in land or constitute the grant or conveyance of a real property interest by the County to the Permittee. The requirements of this Section XIX are intended solely to provide notice of the existence of this Permit and the terms and conditions there under, including inter-alia,the limitations upon assignment of the Permit. Permittee shall at the time of its acceptance of this Permit identify the assessor's tax identification number of the parcel or parcels benefited by this Permit and a legal description of each such parcel to be included in the Memorandum of Permit. XX. MISCELLANEOUS PROVISIONS A. Controlling Law/Venue. Any disputes concerning the application or interpretation of any of the provisions of this Permit shall be governed by the laws of the State of Washington. Venue of any action or arbitration brought under this Permit shall be in Mason County, Washington or the Western District of Washington if an action is brought in federal court, 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: Steve and Ladonna Hawkins 12781 North Shore Road Belfair, WA 98528 Grantor: Mason County Public Works 100 W. Public Works Drive Shelton, WA 98584 16 I. Approvals. Nothing in this Permit shall be deemed to impose any duty or obligation upon the County to determine the adequacy or sufficiency of Permittee's plans and specifications or to ascertain whether Permittee's proposed or actual construction, installation, testing, maintenance,repairs,replacement,relocation,adjustment or removal is adequate or sufficient or in conformance with the plans and specifications reviewed by the County. No approval given, inspection made, review or supervision performed by the County pursuant to this Permit shall constitute or be construed as a representation or warranty express or implied by County that such item approved, inspected, or supervised, complies with laws,rules regulations or ordinances or this Permit or meets any particular standard,code or requirement,or is in conformance with the plans and specifications,and no liability shall attach with respect thereto.County and inspections as provided herein, are for the sole purpose of protecting the County's rights as the owner and manager of the road rights-of-way and shall not constitute any representation or warranty,express or implied, as to the adequacy of the design, construction, repair, or maintenance of the utility facilities, suitability of the permit area for construction, maintenance, or repair of the utility facilities, or any obligation on the part of the County to insure that work or materials are in compliance with any requirements imposed by a governmental entity. County is under no obligation or duty to supervise the design, construction, installation, relocation, adjustment, realignment,maintenance,repair, or operation of the utility facilities. J. Force Majeure. Neither Party hereto shall be liable to the other Party for any failure to perform an obligation set forth herein to the extent such failure is caused by war,act of terrorism or an act of God, provided that such Party has made and is making all reasonable efforts to perform such obligation and minimize any and all resulting loss or damage. K. Construction. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the Party or Parties may require. The provisions of this Permit shall be construed as a whole according to their common meaning, except where specifically defined herein, not strictly for or against any party and consistent with the provisions contained herein in order to achieve the objectives and purposes of this Permit. L. Incorporation by Reference. All exhibits annexed hereto at the time of execution of this Permit or in the future as contemplated herein,are hereby incorporated by reference as though fully set forth herein. M. Calculation of Time. All periods of time referred to herein shall include Saturdays, Sundays, and legal holidays in the State of Washington,except that if the last day of any period falls on any Saturday, Sunday, or legal holiday in the State of Washington, the period shall be extended to include the next day which is not a Saturday,Sunday,or legal holiday in the State of Washington. 17 N. Entire Agreement. This Permit is the full and complete agreement of County and Permittee with respect to all matters covered herein and all matters related to the use of the Permit Area by Permittee and Permittee's Contractors, and this Permit supersedes any and all other agreements of the Parties hereto with respect to all such matters,including,without limitation,all agreements evidencing the Permit. O. No Recourse. Without limiting such immunities as the County or other persons may have under applicable law, Permittee shall have no monetary recourse whatsoever against the County or its officials,boards,commissions,agents,or employees for any loss or damage arising out of the County's exercising its authority pursuant to this Permit or other applicable law. P. Responsibility for Costs. Except as expressly provided otherwise, any act that Permittee is required to perform under this Permit shall be performed at its cost. If Permittee fails to perform work that it is required to perform within the time provided for performance,the County may perform the work and bill the Permittee. The Permittee shall pay the amounts billed within 30 days. Q. Work of Contractors and Subcontractors. Work by contractors and subcontractors are subject to the same restrictions,limitations,and conditions as if the Work was performed by the Permittee. The Permittee shall be responsible for all Work performed by its contractors and subcontractors,and others performing Work on its behalf,under its control,or under authority of its utility permit, as if the work were performed by it and shall ensure that all such work is performed in compliance with this Permit,Title 12 MCC,the Manual and other applicable law, and shall be jointly and severally liable for all damages and correcting all damage caused by them. It is the Permittee's responsibility to ensure that contractors, subcontractors, or other Persons performing work on the Permittee's behalf are familiar with the requirements of the Permit, Title 12 MCC,the Manual,and other applicable laws governing the work performed by them and further, for ensuring that such contractors and subcontractors maintain insurance as required herein. R. Survival of Terms. Upon the termination of the Permit,the Permittee shall no longer have the right to occupy the Permit area. However,the Permittee's obligations under this Permit to the County shall survive the termination of these rights according to its terms for so long as the Permittee's utility facilities shall remain in whole or in part in the road rights-of-way, except to the extent the County Engineer has approved abandonment in place. By way of illustration and not limitation, Permittee's obligations to indemnify, defend and hold harmless the County, provide insurance and a performance/payment bond pursuant to Section XI and Permittee's obligation to relocate its utility facilities pursuant to Section VIII,shall continue in effect as to the Permittee, notwithstanding any termination of the Permit, except to the extent that a County- approved transfer, sale, or assignment of the utility system is completed, and another entity has assumed full and complete responsibility for the utility facilities or for the relevant acts or omissions. 18 DATED at Shelton, Washington this day of 52018. APPROVED: BOARD OF COMMISSIONERS MASON COUNTY, WASHINGTON unty gmeer Randy Neatherlin, Chair Approved as to form: Terri Drexler,Vice Chair Tim Whitehead, Ch.-beputy Prosecuting Attorney Kevin Shutty, Commissioner 19 EXHIBIT "A" ACCEPTANCE OF PERMIT Private Line Utility Occupancy Permit effective 1201 ._ I, ,, dy., the t!)k o 2 -)!L of parcel(s) /J 7� I $ and I am the(Operator and) or(representative authorized to) accept Permit on behalf of 3 7 Q I certify that this Permit and all terms and conditions thereof are accepted by , Y, , ".1j 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_jn_day of ne 7UA`.2 , 201 d . PERMITTEE By: Title: STATE OF �►�JRSr1 I(1)(�TON ) ss. COUNTY OF M�SO �I ) 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)W 1\j M of the 1FA Qk-15u n—IS d to be the free and voluntary act of such party for the uses and purposes mentio in the instrument. Dated: O-QouT of �N A VqV.- P •�:�SS�Q��c.'q�'% Notary Publi of + ? Print Name V' 4' TARy m': - cM commis on expires � ;.A 'PUBLIC 2 rinlm�� 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): PRIVATE LINE OCCUPANCY PERMIT Grantor: COUNTY OF MASON, a legal subdivision of the state of Washington Grantee: STEVE AND LADONNA HAWKINS Legal Description: MADRONA MORNINGSIDE BCH. TRACTS TR 1 &T.L. GOV'T. LOTS 5 & 6 SEC. 34 TP. 22 N R 3 W.W.M. Along with MADRONA MORNINGSIDE BCH TRACTS TR 38 GOV'T. LOTS 5 & 6 SEC. 34 TP. 22 N R 3 W.W.M. Assessor's Property Tax Parcel/Account Number(s): 32234-50-00038 & 32234-50-00038. B-1 MEMORANDUM OF PRIVATE LINE UTILITY OCCUPANCY PERMIT THIS MEMORANDUM OF PERMIT is dated as of the 13'h day of November,2018 between the County of Mason,a legal subdivision of the state of Washington("County")and Steve and Ladonna Hawkins(Permittee"). 1. Propegy. 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 13! day of November, 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 C NTY OF MASON r ty ineer Apy as to or Tim Whitehead,Ch.Deputy Prosecuting Attorney B-2 PERMITTEE - S By: Title: STATE OF WP60 j1J(Mt\) ss. COUNTY OF Mp$fJ(-� I certify that I know or have satisfactory evidence that SXIE/C W Vj"V-1VJS is the person who appeared before me,and said person acknowledged that said person signed this instrument,on oath stated that said person was authorized to execute the instrument and acknowledged ownership of parcel(s) 121$b to be the free and voluntary act of such person/corporation for the uses and purposes mentioned in the instrument. Dated this o X%ay of CCTC}15CV- ,201 _ Dated: a'Lo(---V (Signature of No FA t�ANAVA �:C� 4,:•• (Legibly Print of Stamp Name of Notary) :v 't\ (Legibly M•: = Notary public in and for the state of WR (Aom'.• PUB LIC _ residing at MASON W)NT" 00 O ...1] ' C�'���`� My appointment expires izz�ziOP B-3 FORM OF TNIETNIORAND UNI OF PERIMIT Description of Pen-nit Area (Attach Plans) I F I PROPOSED SOLIDS HANDLING PUMP STATION FOR GARAGE PLUMBING PROPOSED 2"TRANSPORT LINE SLEEVED IN 4"HDPE DIRECTIONAL BORE CONSTRUCTION o` O V O Q�\J�vyP 1 EXISTING TANK AND DRAINFIELD -�7j 1i I N57ALLATI0N PESIGNERSIGNOFF/A56VILT FEE WILL BE CHARGED AT TIME OF IN5TALLATION CUSTOMER: STEVEN HAWKfiNS C SI E 1:20 PIONEER DIGGING, INC. PAR-CEL#,3223+50-00038 SEPTIC DESIGNS ADDREMS: 12780 NORTH SHORE 3083 E.MTSON BE�LSON RD. GRAPEV[EW,WA 98546 DESIGNER ROBERT PAYSSE OFFICE-60-426-1803 FAX-360427-2353 DESIGN PAGE OF B-4 12781 North 5hore Fa' 12180 HE NORTH SHORE RD L 70390 NE NORTH SHORE RD I 1871 NE 12811 NF 12801 NE 12783 4£ 40RIH f)ORTH NORTH NORTH 12181 NE 12771 NE 12151 NE NORE RD SHORE RD SEIORE RD SHORE itD NORTH NORTH NORTH L ! StIORE RD SHORE RD SHORE RD 12741 NE 12111 NE t1UR i H NORTH NORTH `. OftL E;i SHORE RD SHORE RD ` L 12671 NL- '1'.?IllIH SfinRf {' g .i* N L 1 } �v.%• c, _ ..__.- _—__ ._.._-__.""_"' - ilii _ 4. k f � 1� �u t• w..1 t. .....+ sf... f.ten_ w...,^,i::_._ • Ha��ir�s ��a�er t Sep r`ic Trar�sp orr` L /r7 e MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Jerry W. Hauth, Director/ County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: November 13, 2018 Agenda Item # BRIEFING DATE: November 5, 2018, October 15, 2018 and September 24, 2018 BRIEFING PRESENTED BY: Jerry Hauth [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Updating Public Works Organizational Chart & Positions BACKGROUND: The current Public Works Department organization chart was approved back in 2007. Since then the department has restructured in a few areas, along with the U&W Management Department merge back in 2012. WAC 136-50-051 requires the county engineer to organize the road department in accordance with the policies of the county legislative authority which includes a chart that shows the chain of command within the department. In July, the former County Engineer resigned after six-months of employment. To comply with statutory requirements (RCW 36.80.010 &WAC 136-12-030) the Public Work Director was designated, by the Board of Commissioners, as the acting County Engineer for a period not to exceed six months beginning July 16, 2018. Public Works has been advertising, interviewing and diligently working to hire a qualified applicant for the Deputy Director/County Engineer. To fill this position, the director is requesting the board allow this position to be divided into two positions County Engineer and Interim Deputy Director/Public Works. The updated Public Works organization chart reflects the requested change to the Deputy Director/County Engineer position and shows the current structure of the department. RECOMMENDED ACTION: Recommend the Board 1. Approve the updated Public Works organization chart to incorporate the changes within the department. 2. Authorize HR to move forward with the process of revising the non-represented salary scale resolution updating the County Engineer and Interim Deputy Director/Public Works positions. 3. Authorize the Public Works Director to hire a County Engineer and Public Works Deputy Director. ATTACHMENTS: Org Chart (2007) Update Org Chart Approved by oard^ommissioners Legend Citizens of Mason County -C 0 7 Direct Line of Authority= irn � ate Statutory Requirements for Mepi Mason County Reporting to County Engineer= ------ Board of Commissioners ember Deputy Director Public Works Director Deputy Director ER& R Manager County Road Engineer ............................................................................................................... . Information Engineering & Systems Public Works Construction Finance Equipment Right of Way Maintenance GIS Survey Emergency Management Project Support Services Administration Road Operations & Maintenance Surface and Ston-nwater Management Sign Shop Legend Citizens of Mason County Approved by the Board of Commissioners Direct Line of Authority Randy Neatherlin,Chair Date Statutory Requirements for — — — — — — Board of County Commissioners Reporting to County Engineer (3 FTE's) Terri Drexler,Vice Chair Kevin Shutty,Commissioner Public Works/Utilities Director(1 FTE) Interim Deputy Director/ Deputy Director/Utilities Public Works (1 FTE) (1 FTE) County Road Engineer Office Administrator Finance Manager (1 FTE) .._I (1 FTE) —..—..—..—..—.._. (1 FTE) Office Support,Reception, Utilities Accounting Road/ER&R Scheduling(2 FTEs) and Billing(3 FTEs) Accounting and Billing (2 FTEs) Road O&M/ER&R Manager Engineering/Construction Technical Services Water/Wastewater Manager Solid Waste Operations (1 FTE) Manager(1 FTE) Manager(1 FTE) (1 FTE) Program Manager (1 FTE) Assistant- Engineering& Engineering Tech— Road O&M/ER&R Manager Construction Transportation(2 FTE) Water/Wastewater Solid Waste Attendants (1 FTE) (3 FTEs) Operators(7 FTE's) (8 FTE's&4 Extra Help) ER&R/Road Ops Surveying Environmental Coordinator Administrator (3 FTEs) (1 FTE) (1 FTE) 4 Equipment Geographical Information Department of Public Works Maintenance(5.5 FTE) Services(1 FTE) Hydraulics Engineer Organization Chart Road 0&M Supervisors (1 FTE) Areas 1-3(3 FTEs) _ Right of Way It FTFI Road Maintenance (26 FTE's&8 Seasonal) Road Utility Specialist (1 FTE) Sign Shop (3 FTE's) Traffic Engineer (1 FTE) MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Jerry W. Hauth, Director/County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 DATE: November 13, 2018 Agenda Item # BRIEFING DATE: November 5, 2018 BRIEFING PRESENTED BY: Jerry Hauth [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency 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. Either party may terminate this agreement upon ninety day prior written notice to the other party. Both parties are liable for performances rendered or costs incurred prior to the effective date of termination. 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. Attachment: 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 owner of 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 8o-8 4 :xag w nN;ua waaJ6y q Io Z abed juawaaa6y leoopelul •Plag ao paainboeApuiof aq o;si A:pedold leai jo Ieuosjad ON •pagsilgelsa aq o;si 1a6pnq uowwoo ON 'paleaJa sl uO1Iezlue6Jo;ulof ON -;u9weaj6y sigl Aq peleajo sl ftua le6el alejedas ON-pepuglui sI digsuoilelw Ajeiagauaq Abed paigl ou pue`saiped aqj jo lgauaq ag;jol s luawaaj6y slgl -Aped iaglo egl;o`slua6e ao seaAoldwa aq of asod.md Ape io;pajapisuoo aq IOU llegs pue Aped leq};o s;ue6e jo saaAoldwa aq o;anupuoo lleqs IuawaajBy sial jo aoueuuopad aql ui pe6e6ua eje ognn Al.aed goee jo slua6e jo saaAoidwe eq-L 01 Sal-LNVd 3Hl d0 dIHSNOIltfl3a "IIA 'lu9waaa6y siLg jo Lied se palsanbai saames jo)pom lie buiusildw000e;o asodmd aq;joj lams jo 'peoi'Aenngbiq eql jo (enn jo;g6u ay;of luaoefpe jo ulg;inn`;saialu aneq saiped ag;goignn ur puel Ile uodn Alua;o;g6u ay;jay;o 4080 o;Aanuoa pue luej6,Agaaaq luaweaj6y sly;of sawed agl p•g ANIN3 d011HIDIN spioaai uo Ploq uoi;e6iIil vans Aue jo.impo,aq;'A;l;ou Apdwoad Illnn Alied goeq -pored uo;ua;ai jeaA-xis at{; ;sed sanuiluoo lrpne jo 'wielo'uoi;e6ilil qons t16nogl uana panlosaa uaaq seq 6uipui}1ipne ao 'wiep 'uo.4e61l!l Ile 1!Iun pauielej aq llegs uoileluawnoop builioddns 41inn 6uole slun000e pue spjooaa agl,'pamewwoo si;lpne jo rwiela 'uoile6gil Aue 11 -lsanbaj uodn pegsiwn aq Minn)ponn aql of 6wuiepad elep Jaylo jo 'sluawnoop's;unoaoe'spooe.i Ile jo saidoa pue luawwano0 lejapad aql jo/pue Alaed jaglia Aq lipne pue uoi;aadsui jol algeliene;dal aq o; aje ejojwagl 6ugun000e pue)ijonn agl of buiumpad slun000e pue spiooaa ay; juawAed jo alep leu!j agg woo sieaA xis uegl ssal;ou poped a jol pue�jonn eqj jo ssai6o.id ay;6uijna O-S; llanv aNV N01IN913N Sa210a321 A -wali Aue jo sseualeudoidde aql of se luawaaa6e elnlpsuoa lou ilinn.luE)wAed leped Bons Aue Iegl paaj6e si Il 'aouewjo}jad;o'aauenpe ul i mm Aue jo; jeglo aql Aed pegs Aped aagllaN -gluow aad euo ueLp luenb94 avow eq o};ou aie sluawAed esagl •paunow slsoo Janoo o;sluawAed gimped aNew ilegs saoinaas 6uin1900i Aped aq; '4ed Buipinoid agl}o lsanbei uodn `;uawnoop saowas Io Isanbai eql ui}no las se s;soo loampui palelai pue;aanp len;ae nagl BOJ S90IN25 aqj Buipinoid AlJed a p asingwial llegs luawaaa6d sig;japun saaimas Buiniaaai Abed aql jegl aaa6e luawaaAV sigl of sar}jed aq l 0"b N0l1VSN3dW03 Al -sPJepuels laaw IOU op leLp lep9jew pue seilddns `Iuawdmba 'sjaxjonn loafai of Igl5p ag;samasai jolsanb98 agl'paPlno d ao pawaoped aje-W.m palsenbei saowas ay;ajolaq Japinoad aq}of wnlaa pue aauBisap jag/sig jo aole.psiuiwpy pazijoglne maq;Aq pau6is alewpsa Isoo aql lo-uoilaafai ao aoueldaaoe ue etll a uallPnn Ieug apinoid;snw aojsanba�j ayl :1S3nt)aN dO 1N3W'lll:1-inj ,lu9waaj6y sig}jo lied a awooaq pue olui palejodaoaui aq Ilegs animas jol Isanbai pa}daooe goe3 -suiaauoo aag}o Jo suolleloin lenlaequoo jo mel 'saaanosai Io 13el 'Aliligelieneun jo uoseei Aq ;sanbei asn}ai of;g6U ag;sanJasaJ.tapinoad eql -sAep ssau snq(p l;)pal uigl!m jalsanbaa agl of Adoo auo uanlaJ pue aauBfsap aaq/sig ao pue JOIe.gsiuiwpy pazpoglne aiagl Aq paubis I!9Aeq 'xlonn agl Jo Isoo Palewgsa ue ap►noad 'Isanbai aq;}o uoilaafaj jo aoueldaooe Jiaq;e}eaiput Ilegs Japinad ag;'Isenbai agp jo Idiaoa.i uodn :1S3nt)mj d0 M3IA321 VIII HOLD HARMLESS AND INDEMNIFICATION 8.0 Belfair Water District#1 shall hold harmless, indemnify and defend Mason County, its officers, officials,employees and agents,solely for third party claims relating to bodily injury or death, including costs and attorneys'fees in defense thereof,caused by or arising out of Belfair Water District#1's negligence in the performance of this Agreement. 8.1 Mason County shall hold harmless, indemnify and defend Belfair Water District#1, its officers, officials,employees and agents,solely for third party claims relating to bodily injury or death, including costs and attorneys'fees in defense thereof,caused by or arising out of the Mason County's negligence in performance of this Agreement. 8.2 It is agreed between the parties that the party receiving the work shall be responsible for claims management, resolution,and payment of claims resulting in real or personal property damage or destruction."Claim"means any financial loss,claim,suit,action,damage,or expense, including but not limited to attorneys'fees,attributable to damage or destruction of real or personal property, including loss of use,resulting therefrom. 8.3 Belfair Water District#1 obligations and Mason County's obligations hereunder shall not extend to bodily injury or death caused by or arising out of the sole negligence of either party,its officers,officials,employees or agents. 8.4 In the event of the concurrent negligence of the partes, Belfair Water District#1's and Mason County's obligations hereunder shall apply only to the extent of each party's negligence,and the negligence of its officers,officials,employees or agents. 8.5 The provisions of this Hold Harmless and Indemnification section shall survive the expiration or termination of this Agreement and completion of the request for services. IX INSURANCE 9.0 Both parties shall maintain Commercial General Liability or equivalent for bodily injury, personal injury and property damage, subject to limits of not less than$1,000,000 per loss. The general aggregate limit shall apply separately to this Agreement and be no less than $2,000,000. Participation in a governmental self-insured risk pool shall fulfill the above stated coverage requirements. An Evidence of Coverage acknowledgement letter from the jurisdictions'risk pools will be provided to each party upon request. 9.1 Both parties shall maintain workers'compensation insurance as required by Title 51 RCW, and shall provide evidence of Coverage to the each party's Risk Manager or Risk Management Division upon request. 9.2 Both parties shall maintain all required policies in force from the time services commence until services are completed. Certificates, policies, and endorsements expiring before completion of services shall be promptly replaced with written notice mailed to the other party. X TERMINATION 10.0 Either party may terminate this Agreement upon ninety calendar days prior written notice to the other party. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. Interlocal Agreement Page 3 of 5 Agreement Number: 18-08 XI LEGAL RELATIONS 11.0 No liability shall attach to the parties by reason of entering into this Agreement except as expressly provided herein. XII FORCE MAJEURE 12.0 Neither party will be liable to the other or deemed in default under this Agreement if and to the extent that such party's performance of this Agreement is prevented by reason of force majeure. The term"force majeure"means an occurrence that is beyond the control of the party affected and could not have been avoided by exercising reasonable diligence.Force majeure will include, without limitation by the following enumeration: acts of nature,acts of civil or military authorities,fire,epidemics,civil or public disturbances,or other similar occurrences. If any party is unable to perform under this Agreement due to a force majeure event;upon giving notice and reasonably full particulars to the other party,such obligation or condition will be suspended only for the time and to the extent commercially practicable to restore normal operations. XIII ADMINISTRATION 13.0 The following individuals are designated as representatives of the respective parties. The representatives shall be responsible for administration of this Agreement and for coordinating and monitoring performance Under this Agreement. 'Wherever written notice is required under this Agreement, such notice shall be provided to the representatives designated below. The Administrator may designate or appoint another person to act in his or her capacity per approved request.The approved request will provide the contact person if another is designated by the Administrator. In the event that the Administrator listed below changes, the party making the change shall notify the other party. Belfair Water District#1's representative shall be the Manager, Dale Webb(22451 Highway 3,P.O Box 563, Belfair,WA 98528, Ph. 360.275.3008;Email dwebb.bwd@hcc.net Mason County's representatives shall be theDeputy-Public Works Director/County Engineer,Jerry Hauth,100 W Public Works Drive,Shelton,WA 98584,Ph. 360.427.9670 x452/450; Email jhauth@co.mason.wa.us. Deputy Director/U&W Management, Bart Stepp, Ph:360.427.9670, Ext.`652/199; Email:bstepp@co.mason.wa.us XIV CHANGES, MODIFICATIONS,AND AMENDMENTS 14.0 This Agreement may be changed, modified, amended or waived only by written agreement executed by each party's authorized governing authority as provided in chapter 39.34 RCW. XV GOVERNING LAW AND VENUE 15.0 This Agreement has been and shall be construed as having been made and delivered within the state of Washington, and it is agreed by each party hereto that this Agreement shall be governed by the laws of the state of Washington both as to its interpretation and performance.Any action at law,suit inequity,or judicial proceeding arising out of this Agreement shall be instituted and maintained only in a court of competent jurisdiction in Mason County,Washington. Interlocal Agreement, Page 4 of 5 Agreement Number: 18-08 XVI WAIVER 16.0 A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in a writing signed by an authorized representative of the party and attached to the original Agreement. XVII SEVERABILITY 17.0 If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declared to be severable. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. Belfair Water District Commission Board of County Commissioners Mason County,Washington Mason County,Washington r Chair Chair e-Chair missioner A ATTEST: r -91"+�e. �er Clerk of the Board Approved as to form: Approved as to form: PROSECUTING ATTORNEY PROSECUTING ATTORNEY By: By: Deputy Prosecuting Attorney Chief Deputy Prosecuting Attorney Interlocal Agreement Page 5 of 5 Agreement Number: 18-08 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Frank Pinter Action Agenda x Public Hearing Other DEPARTMENT: Support Services EXT: 530 DATE: November 13, 2018 Agenda Item # g ,� Commissioner staff to com tete BRIEFING DATE: October 22, 2018 BRIEFING PRESENTED BY: Support Services [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval to Request for Qualifications for engineering services to develop a study document for a proposed Regional Jail Facility with Grays Harbor. Background: Grays Harbor and Mason County are jointly soliciting statements of qualifications to assist the Counties in the development of a study document for a proposed Regional Jail Facility. The study shall provide an analysis of existing conditions at each facility and options for individual upgrades or the construction of a regional facility. RECOMMENDED ACTION: Approval to Request for Qualifications for engineering services to develop a study document for a proposed Regional Jail Facility with Grays Harbor. Attachment(s): RFQ MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Dawn Twiddy Action Agenda x Public Hearing Other DEPARTMENT: Support Services EXT: 422 COMMISSION MEETING DATE: 11/13/18 Agenda Item # (Commissioner staff to complete) BRIEFING DATE: 11/5/18 BRIEFING PRESENTED BY: Dawn Twiddy [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval for the Chair to sign the Vehicle Take-Home Assignment Authorization Request Forms for Jerry Hauth, Allan Eaton, Bob Pearson, Brenen Profitt, Grant Dishon, Michael Leeberg, and Cindy Brewer for the calendar year 2019. Background: 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 ACTION: Approval for the Chair to sign the Vehicle Take-Home Assignment Authorization Request Forms for Jerry Hauth, Allan Eaton, Bob Pearson, Brenen Profitt, Grant Dishon, Michael Leeberg, and Cindy Brewer for the calendar year 2019. Attachment: Seven Vehicle Take-Home Assignment Authorization Request Forms 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 $ - $ - $ - $ - $ - $ _ $ _ • ' • • • , • p • p U , • ! est Employee Name Jerry Hauth o 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: 0,0ct.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. El 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 a g g g reement 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 check with ayroll to determine your liability. eque is Signatur ate I hav ead and un erstand the unty Policy 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 Vehicle Talke-ItomeAssigqTent.Authorizafion Reqqest 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. F� 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. Ei 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. q 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 alliustifrcations 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 requited to check with payroll to determine your liability. 1 I Z_�� G 1F 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. Deport t Direct r Da 3' I cert' that this r quest meets the requirements of the County Policy and recommended the BOCC approve the request. {proved —- nnied 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 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. • ' • I • ' 1 • • , IIn ent Authorization • • uest Employee Name Bob Pearson 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. F-l 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. Ei 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. ,_tlInion 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 ap raved,you are re i �d to check with payroll to 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. epold O 's rt a Director Date I certi at this req est meets the requirements of the County Policy and recommended the BOCC approve the request. .Qproved (�nied 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. VeWle 1 II ' m 1 I 1 Authorization N 1Request 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. Ei 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. F,]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. [Illnion 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 a uited to check with payroll to determine your liability. t& ) o -10-IE 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. Dpartmg Director V Date .certify t at this request eets 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 # ( 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 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. Vehicle i[1 11 ' ° 1 01 ' 1Authorization 1uest Employee Name Gran Dishon m Department PW Title/Position Rd Supervisor Division Roads Vehicle No&Type 180 County of Residence Mason Primary Work Station Central Shop Curren t;Odometer Reading 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. F-] 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. 0 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 fora Take-Home Vehicle assignment is approved you are requited to check with payroll to determine your liability. Requestor's Signature Date Lh ye read and understand the ounty Polic governing Take-Home vehicles and County Vehicle use. I certify that this request meets the requirements. D portme- irector Date I certifys t this reques meets the requirements of the County Policy and recommended the BOCC approve the request. .[]proved (!Inied Chair of BOCC Date a Please submit this form to the Risk Manager by September 30th of each year. Original to Risk Management Payroll Take-Home Log Vehicle • / • Assignment • I 1 • ' 1 Request 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. Fj 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. Ej 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. F,�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 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. Requestor's Signature Datv I have read and understand the.County Policy governing Take-Home vehicles and County Vehicle use. I certify that this request meets the requirements. apart Director ate ' I certif at this req es meets the requirements of the County Policy and recommended the BOCC approve the request. proved yG- nnied 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 vhf 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. Vehicle Take-Home Assignment 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 Daily Commute Miles 2 miles one way Mileage outsite of County(if 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. p 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 al!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. q 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 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-Nome 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. Requestor's Signature Date I have read and understand the County Policy governing Take-Home vehicles and County Vehicle use. I certify hat this equest meets the requirements. Department Director Date ^ i certify that this request meets the requirements of the County Policy and recommended the BOCC approve the request. Cl Approved ❑ Denied Chair of Boa Date "Please submit this form to the Risk Manager bySeptember 30th of each year. original to Risk Management Payfoll Take-Home Lag