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2021/06/08 - Regular Packet
MASON COUNTY TO: BOARD OF MASON COUNTY COMMISSIONERS Reviewed: FROM: Ginger Kenyon Ext. 380 DEPARTMENT: Support Services Action Agenda DATE: June 8, 2021 No. 4.1 ITEM: Correspondence 4.1.1 Washington State Liquor and Cannabis Board sent in the following a Liquor license for the Eldon Store, a Liquor License for Smoking Mo's LLC. 4.1.2 Federal Energy Regulatory Commission sent in a letter regarding the Spillway Embankment Seepage Geophysical Investigation Report, Cushman Project. 4.1.3 Mason County Public Utility District 1 and Mason County Public Utility District 3 on Alderbrook Golf and Yacht Club Annexation. 4.1.4 Resolution from Mason County Republican Central Committee regarding Vaccines. 4.1.5 Public Utility District No.l , Becky & Kass Sells, Mark &Jane Fischer, Rob Granlund and Mike's Beach Resort sent in letters of support for Hood Canal Communication's American Rescue Plan Funding Request. Attachments: Originals on file with the Clerk of the Board. Cc:CMMRS Neatherlin, Shutty, Trask Washington State Clerk M,SIr-tt-!•-h P,I0tnd0'm Liquor and Cannabis Board A,,pa LySe NOTICE OF LIQUOR LICENSE APPLICATION WASHINGTON STATE LIQUOR AND CANNABIS BOARD License Division - P.O. Box 43098 Olympia,WA 98504-3098 Customer Service: (360) 664-1600 Fax: (360) 753-2710 Website: http://Icb.wa.gov TO: MASON COUNTY COMMISSIONERS RETURN TO: localauthority@sp.icb.wa.gov RE:ASSUMPTION DATE: 5/21/21 From ELDON STORE LLC Dba ELDON STORE APPLICANTS: OLYMPIA LOCAL FOODS, LLC License: 352141 -2N County: 23 HUSMANN, THOMAS ARTHUR UBI: 603-005-889-001-0003 1977-10-18 Tradename: ELDON STORE Loc Addr: 36870 N HWY 101 LILLIWAUP WA 98555 Mail Addr: 36870 N US HIGHWAY 101 BLDG 97 LILLIWAUP WA 98555-9764 Phone No.: 360-584-3044 THOMAS HUSMANN Privileges Applied For: RECEIVED GROCERY STORE-BEER/WINE 1AAY 24 26711 Mason County Commissioners As required by RCW 66.24.010(8), the Liquor and Cannabis Board is notifying you that the above has applied for a liquor license. You have 20 days from the date of this notice to give your input on this application. If we do not receive this notice back within 20 days, we will assume you have no objection to the issuance of the license. If you need additional time to respond, you must submit a written request for an extension of up to 20 days, with the reason(s)you need more time. If you need information on SSN, contact our CHRI desk at(360) 664-1724. YES NO 1. Do you approve of applicant? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ 2. Do you approve of location? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ 3. If you disapprove and the Board contemplates issuing a license, do you wish to request an adjudicative hearing before final action is taken? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ (See WAC 314-09-010 for information about this process) 4. If you disapprove, per RCW 66.24.010(8)you MUST attach a letter to the Board detailing the reason(s) for the objection and a statement of all facts on which your objection(s) are based. DATE SIGNATURE OF MAYOR,CITY MANAGER,COUNTY COMMISSIONERS OR DESIGNEE Cc:CMMRS Neatherlin, Shutty, Trask Clerk p.0117dOm W p2gfee �`"`"_` Washin ton State 'r'f'S{Q�J -t_ ��1` z g PO Box 43098 1 Liquor and Cannabis Board Olympia WA 98504-3098 �yt up'�� Phone—(360) 664-1600 Fax—(360) 753-2710 May 27, 2021 V SMOKIN MO'S LLC �I)�t 233 S 1ST ST Mason Count SHELTON, WA 98584-2243 y Commissiane:rs Re: SMOKING MO'S 233 S 1ST ST SHELTON, WA 98584-2243 LICENSE #087080 - 6A U B 1603-231-442-001-0002 Your Non-retail license has been approved for the following: MICROBREWERY being added to: SPIRITS/BR/WN REST LOUNGE + KEGS TO GO CATERING This license is valid through August 31, 2021. This license allows a brewery to sell beer of its own production at retail for on and off premises consumption, and to act as a distributor for beer of its own production. Your request for alcohol delivery is approved subject to the following conditions: 1 . All purchases must be by persons 21 years of age or older. 2. All purchases must be prepaid at the premises. 3. All deliveries must be made only to persons 21 years of age or older. 4. All deliveries shall be made by employees 21 years of age or older. 5. The Board may withdraw this approval if problems arise. Washington requires that you submit copies of your Federal Certificate of Label Approvals (COLA's) to us for all products that you sell into the state for tracking purposes. Anytime you receive a new COLA for a new product or a revision of an existing product we ask that you submit a copy. You may submit your COLA's to us via: In-State Non-Retail Labels 9/4/14 DECISIONS Cc:CMMRS Neatherlin, Shutty, Trask Clerk M,c&+A ijti. FEDERAL ENERGY REGULATORY COMMISSION Office of Energy Projects Division of Dam Safety and Inspections-Portland Regional Office 805 SW Broadway, Suite 550 Portland, Oregon 97205 (503) 552-2700 5/13/2021 In reply refer to: P-460 VIA Electronic Mail ° Mr. Chris Mattson Generation Manager Tacoma Public Utilities Mason County cmattson@ci.tacoma.wa.us Cot-nmissioners Subject: Spillway Embankment Seepage Geophysical Investigation Report, Cushman Project Dear Mr. Mattson: This letter is in regard to your December 31, 2020 letter transmitting a Spillway Embankment Seepage Geophysical Investigation Report (Golder Report), in response to a 2019 Dam Safety Inspection Follow-Up Item, for the Cushman Project, FERC No. 460. We discussed the Golder Report in an April 29, 2021 teleconference between D2SI-PRO staff and Tacoma Power staff. We have reviewed the information provided in the Golder Report and provided by Tacoma Power staff, and have the following comments: 1. Your letter stated that"The report substantiates our previous hypothesis that the depressions in the vicinity of the Cushman #1 Spillway are not indicative of concerning preferential flow paths from the embankment." However, the Golder Report did not reach such a conclusion; in fact, Golder postulated that there may be seepage paths, but that"given the relatively low level of Lake Cushman at the time of the investigation... it is likely there was no seepage occurring." Golder specifically recommended additional investigations to occur while the reservoir is near its maximum elevation; therefore, we do not agree with the conclusion stated in your letter. 2. During our April 29, 2021 teleconference, your staff provided valuable historic background on the seepage behavior of the area; however, this does not address the recommendation in the Golder Report. Considering the reservoir level during the investigation, and that the geophysical survey lines did not intercept the two previously identified surface depressions east of Cushman#1 Spillway, our concerns remain outstanding. Any further seepage investigations should be Cc:CMMRS Nea)herlin, Shutty, Trask Clerk M . ��„ RECEIVED APR 0.9 2021 Annexation Election Petition Mason County Auditor's Office To: The Honorable Mason County Board of Commissioners We, the undersigned registered voters, residing within the area proposed to be annexed, submit this Annexation Election Petition pursuant to RCW 54.04.035 and RCW 35.13.015 through .110. We request an election be called on the question of annexing the area described below into Mason County Public Utility District 1. The area proposed for annexation is contiguous to and served by Mason County Public Utility District 1, but presently lies within the boundaries of Mason County Public Utility District 3. As nearly as may be stated, there are approximately 664 registered voters in the area proposed to be annexed. If approved, the proposed annexation would afford residents in the area to be annexed the opportunity to vote in the public utility district that provides their service and establishes their rates. Description of Area Proposed to be Annexed: Alderbrook Golf and Yacht Club, Division 1, 2, 3, 4, 5, 6,7,8,9, 10, 11 and 12, and Alderbrook Golf and Country Club (Plat recorded Auditor File Number 211851). Name (Printed) Address Signature �, 41,r�_ c Mtic - JA L L st,4,A4 -C-;�,u Al-f►?y C1ar3 01?V� 51 ra�r�d h 1 //O Annexation Election Petition To: The Honorable Mason County Board of Commissioners We, the undersigned registered voters, residing within the area proposed to be annexed, submit this Annexation Election Petition pursuant to RCW 54.04.035 and RCW 35.13.015 through .110. We request an election be called on the question of annexing the area described below into Mason County Public Utility District 1. The area proposed for annexation is contiguous to and served by Mason County Public Utility District 1, but presently lies within the boundaries of Mason County Public Utility District 3. As nearly as may be stated, there are approximately 664 registered voters in the area proposed to be annexed. If approved, the proposed annexation would afford residents in the area to be annexed the opportunity to vote in the public utility district that provides their service and establishes their rates. Description of Area Proposed to be Annexed: Alderbrook Golf and Yacht Club, Division 1, 2, 3, 4, 5, 6,7,8,9, 10, 11 and 12,and Alderbrook Golf and Country Club (Plat recorded Auditor File Number 211851). Name (Printed Address Signature Zee AuLn r� re[Gl ��f1S Z1l �L�+ �x 5� G-f o r I I F- L� c, LAAJ i° 1ri- JD�1rIS�►� qD f. k14-!Qwoed Lane d b Annexation Election Petition To: The Honorable Mason County Board of Commissioners We, the undersigned registered voters, residing within the area proposed to be annexed, submit this Annexation Election Petition pursuant to RCW 54.04.035 and RCW 35.13.015 through .110. We request an election be called on the question of annexing the area described below into Mason County Public Utility District 1. The area proposed for annexation is contiguous to and served by Mason County Public Utility District 1, but presently lies within the boundaries of Mason County Public Utility District 3. As nearly as may be stated, there are approximately 664 registered voters in the area proposed to be annexed. If approved, the proposed annexation would afford residents in the area to be annexed the opportunity to vote in the public utility district that provides their service and establishes their rates. Description of Area Proposed to be Annexed: Alderbrook Golf and Yacht Club, Division 1, 2, 3, 4,5, 6,7,8,9, 10, 11 and 12,and Alderbrook Golf and Country Club(Plat recorded Auditor File Number 211851). Name (Printed) Address Signature jO r `" ee t ��� � V " A r Annexation Election Petition To: The Honorable Mason County Board of Commissioners We,the undersigned registered voters, residing within the area proposed to be annexed, submit this Annexation Election Petition pursuant to RCW 54.04.035 and RCW 35.13.015 through .110. We request an election be called on the question of annexing the area described below into Mason County Public Utility District 1. The area proposed for annexation is contiguous to and served by Mason County Public Utility District 1, but presently lies within the boundaries of Mason County Public Utility District 3. As nearly as may be stated, there are approximately 664 registered voters in the area proposed to be annexed. If approved, the proposed annexation would afford residents in the area to be annexed the opportunity to vote in the public utility district that provides their service and establishes their rates. Description of Area Proposed to be Annexed: Alderbrook Golf and Yacht Club, Division 1, 2, 3, 4, 5, 6, 7,8,9, 10,11 and 12, and Alderbrook Golf and Country Club (Plat recorded Auditor File Number 211851). Name (Printed) Address Signature O-Llalz-e-4 Olt LN WoAct l 0- L„e� ►maple, ��►, 2 C412-�742 & U 2�L Cc:CMMRS Neatherlin, Shutty, Trask Clerk tY� Monday, May 24, 2021 Mason County Republican Central Committee Resolution affirming an individual's right to accept or refuse any medical procedure, surgery, medicinal injection including vaccines without retaliation from government and an individual's right to assert and maintain privacy pertaining to personal medical status. BE IT ENACTED BY THE PEOPLE OF MASON COUNTY: WHEREAS, No individual shall be forced, coerced, cajoled, singled-out, isolated, or in effect made to accept or reject any medical procedure, surgery, medicinal injection or treatment, including vaccines against their will. In addition, no individual or group of people shall be required to carry or present information on medical status such as a 'vaccine passport' by government, its agents, contractors, or subcontractors. Any negative, retaliatory, and/or punitive consequences, shall be unenforceable, and all decision makers shall be held personally accountable to uphold the Constitution of the United States and the Washington State Constitution and the freedoms therein, or if appointed as acting in violation of law. WHEREAS, the commissioners of Mason County, and the city council members of Shelton, and the members of the Mason County Public Hospital Commissions are elected to represent the Citizens within their respective jurisdictions, and are duly sworn by their Oaths of Office to support and defend the United States Constitution and Washington State Constitutions NOW, THEREFORE, BE IT RESOLVED: the Mason County Republican Central Committee calls upon the said county commissioners of Mason County and city council members of Shelton and the Mason County Public Hospital Commissions to be protectors of their said constituents' right to accept or refuse a medical procedure, surgery, medicinal injection or treatment, including vaccines and to assert and maintain medical privacy without retaliation or harassment from any government employee or entity including law enforcement in these jurisdictions. -----End------ E' � D Mason County Commissioners CC:CMMRS Neatherlin, Shutty, Trask Clerk "ASO COUNT ,~ PUBLIC UTILITY DISTRICT NO. I BOARD OF COMMISSIONERS OF MASON COUNTY MIKE SHEETZ,Commissioner . ^ M, TN.21971 Hwy. 101 JACK JANDA,Commissioner Shelton, Washington 98584 RON GOLD,Commissioner May 25, 2021 Mason County Board of Commissioners �:� 1 411 N. 5th Street Shelton, WA 98584 jUN 09 2021 Re: Letter of Support for HCC's American Rescue Plan Funding Request Mason County Dear Commissioners, Commissioners Mason County PUD No. 1 offers our support of Hood Canal Communications'funding request for American Rescue Plan monies. HCC has been a longtime partner of PUD 1 and we often collaborate on planning and construction projects to streamline costs and efforts, which saves our ratepayers money and helps expedite internet, power and water utilities in the rural communities that we both serve. Even though PUD 1 does not serve broadband, we are often approached by our electric customers on the Hood Canal about being part of the solution for expanding broadband up the canal. We have met with Jefferson PUD and Mason PUD 3 on this subject and intend to work with both of them in the future. However, HCC is the only service provider that is proposing immediate actions to serve our customers up to the Mason/Jefferson County line. PUD 1 has worked very hard to secure grant funding and build partnerships to upgrade utility services for our customers. Including broadband as a component of our water and electric projects makes good sense for us and our customers. We recognize the benefits for our communities and economic development, that it is critical for our students and teleworkers, and it will eventually help the PUD modernize our power grid without having to incur the future expense to run fiber out to our critical infrastructure. Partnering with our neighboring PUDs and Hood Canal Communications now will ensure that the infrastructure is there for us in the near future. These American Rescue Plan funds are partially intended to help broadband in rural communities.This proposal will not only do that for the customers from Lilliwaup to Eldon, but it will also position the rest of the Mason County residents and small businesses along Hwy 101 on the Hood Canal to be served even sooner because it will strengthen future applications for CERB funding to run the backbone to the county line. As part of the larger project, nearly 200 poles on PUD 1's distribution line will be replaced, saving our customers approximately$2 million dollars. We hope that you will join us in supporting HCC's request and fund these projects for our rural customers. Sincerely, Mike Sheetz, Presiden ,�c�k land ice P 2sident Ron Gold, Board Secretary (360)877-5249 (800)544-4223 FAX(360)877-9274 www.mason-pudl.org i May 18, 2021 Mason County Board of Commissioners 411 N. 5' Street Shelton, WA 98584 Re: Letter of Support for HCC's American Rescue Plan Funding Request Dear Commissioners, I am sending this letter to you today to encourage you to approve Hood Canal Communication's funding request for American Rescue Plan monies for their Eldon Broadband Expansion project. The upper Hood Canal has sub-par internet service and spotty coverage. Many of our neighborhoods rely on satellite intemet like HughesNet. The residents lucky enough to have cable internet do not have access to high speeds. This impacts small businesses on the Hood Canal as well as any remote learning or telework. HCC is a local company that has supported economic development in Mason County for over 85 years by providing telecom services. Their partnership with Mason PUD 1 demonstrates their ability to collaborate to build public/private partnerships that achieve positive outcomes for Mason County businesses and residents, as well as their desire to meet the community's needs. Residents in Eldon and along the Hood Canal would greatly benefit from having broadband access for our businesses and homes. We have been waiting for this service for years, and these local fiscal recovery fund monies are the perfect opportunity to support this infrastructure project, especially since there are already committed funding partners for other facets of the project like the State of Washington and PUD 1, for the portion of the fiber expansion that coincides with the water Scanned with CamScanner May 18, 2021 Mason County Board of Commissioners 411 N. 5' Street Shelton, WA 98584 Re: Letter of Support for HCC's American Rescue Plan Funding Request Dear Commissioners, I am sending this letter to you today to encourage you to approve Hood Canal Communication's funding request for American Rescue Plan monies for their Eldon Broadband Expansion project. The upper Hood Canal has sub-par internet service and spotty coverage. Many of our neighborhoods rely on satellite intemet like HughesNet. The residents lucky enough to have cable internet do not have access to high speeds. This impacts small businesses on the Hood Canal as well as any remote learning or telework. HCC is a local company that has supported economic development in Mason County for over 85 years by providing telecom services. Their partnership with Mason PUD 1 demonstrates their ability to collaborate to build public/private partnerships that achieve positive outcomes for Mason County businesses and residents, as well as their desire to meet the community's needs. Residents in Eldon and along the Hood Canal would greatly benefit from having broadband access for our businesses and homes. We have been waiting for this service for years, and RECEIVED these local fiscal recovery fund monies are the perfect opportunity to support this infrastructure project, especially f�. since there are already committed funding partners for other facets of the project like the State of Washington and PUD 1, for Mason Coy;;n+y the portion of the fiber expansion that coincides with the water Commissioners Scanned with CamScanner system rebuild in Eldon. Funding this project will open HCC up for eligibility for other broadband funding, by providing the required matching dollars for state and federal broadband grants. We wholeheartedly support HCC's project proposal and hope that you will join us by granting their funding request. Sincerely, \ tN JUM o 6, M2 Mason County Commissioners Scanned with CamScanner lvearnernm, Shutty, Trask Clerk K4 May 18, 2021 Mason County Board of Commissioners 411 N. 5th Street Shelton,WA 98584 Re: Letter of Support for HCC's American Rescue Plan Funding Request Dear Commissioners, I am sending this letter to you today to encourage you to approve Hood Canal Communication's funding request for American Rescue Plan monies for their Eldon Broadband Expansion project.The upper Hood Canal has sub-par internet service and spotty coverage. Many of our neighborhoods rely on satellite internet like HughesNet.The residents lucky enough to have cable internet do not have access to high speeds.This impacts small businesses on the Hood Canal as well as any remote learning or telework. HCC is a local company that has supported economic development in Mason County for over 85 years by providing telecom services.Their partnership with Mason PUD 1 demonstrates their ability to collaborate to build public/private partnerships that achieve positive outcomes for Mason County businesses and residents,as well as their desire to meet the community's needs. The Eldon Store and our neighbors up the Hood Canal would greatly benefit from having broadband access for our businesses and homes.We have been waiting for this service for years,and these local fiscal recovery fund monies are the perfect opportunity to support this infrastructure project,especially since there are already committed funding partners for other facets of the project like the State of Washington and PUD 1,for the portion of the fiber expansion that coincides with the water system rebuild in Eldon. The next opportunity to expand broadband along 101 may take years to materialize.We wholeheartedly support HCC's project proposal and hope that you will join us by granting their funding request. Sincerely, Eldon Store Z 38470 N. US 101 Lilliwaup,WA 98555 E C.E� ��' I Mason County i Commissioners Cc:CMMRS Neatherlin, Shutty, Trask Clerk c May 25, 2021 Mason County Board of Commissioners 411 N. 5th Street Shelton,WA 98584 Re: Letter of Support for HCC's American Rescue Plan Funding Request Dear Commissioners, I am sending this letter to you today to encourage you to approve Hood Canal Communication's funding request for American Rescue Plan monies for their Eldon Broadband Expansion project.The upper Hood Canal has sub-par internet service and spotty coverage. Many of our neighborhoods rely on satellite internet like HughesNet.The residents lucky enough to have cable internet do not have access to high speeds.This impacts small businesses on the Hood Canal as well as any remote learning or telework. HCC is a local company that has supported economic development in Mason County for over 85 years by providing telecom services. Their partnership with Mason PUD 1 demonstrates their ability to collaborate to build public/private partnerships that achieve positive outcomes for Mason County businesses and residents,as well as their desire to meet the community's needs. Residents in Eldon and along the Hood Canal would greatly benefit from having broadband access for our businesses and homes.We have been waiting for this service for years, and these local fiscal recovery fund monies are the perfect opportunity to support this infrastructure project, especially since there are already committed funding partners for other facets of the project like the State of Washington and PUD 1,for the portion of the fiber expansion that coincides with the water system rebuild in Eldon. Funding this project will open HCC up for eligibility for other broadband funding, by providing the required matching dollars for state and federal broadband grants. We wholeheartedly support HCC's project proposal and hope that you will join us by granting their funding request. Sincerely, Mark and Jane Fischer Lilliwaup,WA CC:CMMRS Neatherlin, Shutty, Trask Clerk 1Ji• l l.l� May 18, 2021 Mason County Board of Commissioners 411 N. 51h Street Shelton,WA 98584 Re: Letter of Support for HCC's American Rescue Plan Funding Request Dear Commissioners, I am sending this letter to you today to encourage you to approve Hood Canal Communication's funding request for American Rescue Plan monies for their Eldon Broadband Expansion project.The upper Hood Canal has sub-par internet service and spotty coverage. Many of our neighborhoods rely on satellite internet like HughesNet.The residents lucky enough to have cable internet do not have access to high speeds.This impacts small businesses on the Hood Canal as well as any remote learning or telework. HCC is a local company that has supported economic development in Mason County for over 85 years by providing telecom services.Their partnership with Mason PUD 1 demonstrates their ability to collaborate to build public/private partnerships that achieve positive outcomes for Mason County businesses and residents,as well as their desire to meet the community's needs. Mike's Beach Resort and our neighbors up the Hood Canal would greatly benefit from having broadband access for our businesses and homes.We have been waiting for this service for years, and these local fiscal recovery fund monies are the perfect opportunity to support this infrastructure project, especially since there are already committed funding partners for other facets of the project like the State of Washington and PUD 1,for the portion of the fiber expansion that coincides with the water system rebuild in Eldon. The next opportunity to expand broadband along 101 may take years to materialize. We wholeheartedly support HCC's project proposal and hope that you will join us by granting their funding request. Sincerely, Mike's Beach Resort 38470 N. Hwy 101 Lilliwaup,WA 98555FIECE IAED Mason County Commissioners system rebuild in Eldon. Funding this project will open HCC up for eligibility for other broadband funding, by providing the required matching dollars for state and federal broadband grants. We wholeheartedly support HCC's project proposal and hope that you will join us by granting their funding request. Sincerely, �C"t fo Mason County Commissicx,ers Scanned with CarnScanner clelr� MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Ginger Kenyon Action Agenda _X_ Public Hearing Other DEPARTMENT: Support Services EXT: 380 DATE: June 8, 2021 Agenda Item # �. (Commissioner staff to complete) BRIEFING DATE: BRIEFING PRESENTED BY: [X] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval of Warrants &Treasure Electronic Remittances Claims Clearing Fund Warrant # 8080191-8080839 $ 2,289,863.17 Direct Deposit Fund Warrant # 77767-78164 $ 755,045.93 Salary Clearing Fund Warrant # 7005941-7005965 $ 563,343.74 Treasurer Electronic Remittances $ 255,761.42 Macecom 5/5/2021 $ 125,098.53 Mental Health 5/10/2021 $ 80,707.15 Mental Health 5/27/2021 to $ 12,513.93 Prosecutor $ 12,513.93 Mental Health 5/27/2021 to $ 12,463.94 Juvenile Probation $ 12,463.94 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 $ 18,049,757.78 Direct Deposit YTD Total $ 7,569,236.46 Salary Clearing YTD Total $ 7,995,112.99 Approval of Treasure Electronic Remittances YTD Total $ 12,734,788.89 RECOMMENDED ACTION: Approval to: Move to approve the following warrants Claims Clearing Fund Warrant# 8080191-8080839 $ 2,289,863.17 Direct Deposit Fund Warrant # 77767-78164 $ 755,045.93 Salary Clearing Fund Warrant # 7005941-7005965 $ 563,343.74 Treasurer Electronic Remittances $ 255,761.42 Attachment(s). Originals on file with Auditor/Financial Services (Copies on file with Clerk of the Board) BAR'S# Payment approval of Macecom: FUND Account# Remittance Macecom 001.000000.300.300 $ 125,098.53 M-74434 5/10/2021 Payment approval of Mental Health: FUND Account# Remittance RECEIPT # MENTAL HEALTH 164.000000.000.000 $ 80,707.15 M-74539 Is - M- 6/27/2021 FUND Account# Remittance RECEIPT # Mental Health 164.000000.100.00 $ 12,513.93 M-75023 Prosecutor 001.000000.180.164 $ 12,513.93 M-75026 5/27/2021 FUND Account# Remittance RECEIPT # Mental Health 164.000000.100.000 $ 12,463.94 M-75033 Juvenile Probation 001.000000.170.000 $ 12,463.94 M-75035 Y7t -- Q,730"I Respectfully submitted by:Julie Richert,Chief Deputy Treasurer 5/28/2021 RE IVY. Mason CoUI-Ity CO T]rnissioners MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Kelly Bergh for Jennifer Beierle Action Agenda _X _ Public Hearing Other DEPARTMENT: Support Services EXT: 644 DATE: 6/8/2021 Agenda Item # 8 2 Commissioner staff to complete) BRIEFING DATE: 5/24/2021 BRIEFING PRESENTED BY: Jennifer Beierle [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency Item: 2021 Oath of Credit Card Inventory Background: As required by RCW 43.09.2855 and Mason County Resolution 10.18, the Commissioners of Mason County approve the annual inventory of credit cards as part of the system of authorization and control adopted for the use of credit cards. Recommended Action: Request the Board approve and sign the 2021 Oath of Credit Card Inventory. Attachment(s): 2021 Oath of Credit Card Inventory RCW 43.09.2855 Resolution 10.18 J:1 Credit Card12021 Annual Oath of Credit Card InventorylA_genda Item Summary-2021.doc MASON COUNTY OATH OF CREDIT CARD INVENTORY 2021 As required by RCW 43.09.2855 and in compliance with Mason County Resolution 10.18, we, the Commissioners of Mason County, do solemnly swear that this is the full and complete inventory, of all credit cards with US Bank for Mason County as of June 1, 2021 DEPARTMENT BUDGET DEPARTMENT#(S) Limit Assessor 001-020-000 2,000.00 Auditors 001-030-000 7,000.00 Clerks 001-070-000 2,000.00 Commissioners 001-090-000 2,000.00 Human Resources 001-090-000 5,000.00 Commissioners 001-090-000 10,000.00 Mason Count - IT 001-090-000 10,000.00 Commissioners 001-080-000 2,000.00 Coroners 001-190-000 5,000.00 DCD 001-125-000 2,000.00 District Court 001-100-000 4,000.00 Emergency Management 105-000-120 10,000.00 Health Department 150-000-000 20,000.00 Prosecutor 001-180-000 10,000.00 Facilities 001-055-000 10,000.00 Parks 001-146-000 4,000.00 Public Defense 001-240-000 3,000.00 Mason County ER&R 501-000-000 20,000.00 Public Works 105-000-000 10,000.00 Public Works 105-000-000 10,000.00 Sheriff 001-205-000 10,000.00 Sheriff 001-205-000 20,000.00 Sheriff 001-205-000 10,000.00 Sheriff- Boating 141-000-000 2,000.00 Sheriff- Boating 141-000-000 2,000.00 Sheriff- N&S Precincts 001-205-000 2,000.00 Treasurers 180-000-000 10,000.00 Utilities 402-000-000 5,000.00 403-100-020 406-000-000 411-100-000 411-200-000 412-000-000 480-000-000 Superior Court 250-000-000 10,000.00 Juvenile Probation 170-000-000 10,000.00 171-000-000 172-000-000 2021 Oath of Credit Card Inventory with US Bank Subscribed and sworn this day of 2021 BOARD OF MASON COUNTY COMMISSIONERS Randy Neatherlin, Chair Kevin Shutty, Commissioner Sharon Trask, Commissioner J:\Credit Card\2021 Annual Oath of Credit Card Inventory\2021 Credit Card Annual BOCC Information.As 3/12/2019 RCW 43.09.2855:Local govemments—Use of credit cards. RCW 43.09.2855 Local governments—Use of credit cards. (1)Local governments,including counties,cities,towns,special purpose districts,municipal and quasi-municipal corporations,and political subdivisions,are authorized to use credit cards for official government purchases and acquisitions. (2)A local government may contract for issuance of the credit cards. (3)The legislative body shall adopt a system for: (a)The distribution of the credit cards; (b)The authorization and control of the use of credit card funds; (c)The credit limits available on the credit cards; (d)Payment of the bills;and (e)Any other rule necessary to implement or administer the system under this section. (4)As used in this section,"credit card"means a card or device Issued under an arrangement pursuant to which the issuer gives to a card holder the privilege of obtaining credit from the issuer. (5)Any credit card system adopted under this section is subject to examination by the state auditor's office pursuant to chapter 43.09 RCW. (6)Cash advances on credit cards are prohibited. [1995 c 30§2.Formerly RCW 39.58.180.1 NOTES: Findings-1995 c 30:"The legislature finds that(1)the use of credit cards is a customary and economical business practice to improve cash management,reduce costs,and increase efficiency;and(2)local governments should consider and use credit cards when appropriate."[1995 c 30§1.] htipsJ/apps.leg.we.gov/rcwldefeult.aspxlclte=43.09.2855 I/1 RESOLUTION NO. AD A Resolution to update the Mason County Credit Card Policy&Procedures by amending Resolution 96-05. WHEREAS, RCW 42.24.115 authorizes counties to provide for the issuance and use of charge cards to employees for the purpose of covering expenses incident to authorized travel; and WHEREAS, RCW 43.09.2855 authorizes counties-to use charge cards for official government purchases and acquisitions; and WHEREAS,the Mason County Board of Commissioners believe that the use of credit cards can improve cash management, reduce costs, and increase efficiency when used appropriately; and WHEREAS, it is necessary to provide proper controls over the distribution, authorization, and administration for the use of credit cards for transacting County business; NOW,THEREFORE, BE IT RESOLVED BY THE BOARD OF MASON COUNTY COMMISSIONERS to update the Mason County Credit Card Policy and Procedures as set forth in Attachment A. Dated this 20th day of February, 2018. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON ATTEST: _ Randf Ne her in,Chairperson Mel •s D ry, Clerl f the Board APPROVED AS TO FORM: Terri Drexler,Coninissioner -Whifehea , eputy Prosecuting Attorney Kevin utty Commissioner C: All Departments J:\Credit Card\Resolution to update the Mason County Credit Card Policy&Procedures.doc Mason County Credit Card Policy& Procedures Resolution No. /0-1!K Mason County Credit Card Policy References: RCW 42.24.080 RCW 42.24.115 RCW 43.09.2855 Purposes: To comply with State Laws on the use of credit cards for travel,purchases and acquisitions. (RCW 43.09.2855 (1)) To provide opportunities for cost savings available only with the use of credit cards. To provide an economical business practice that will increase efficiency. 1. Issuance and Inventory of Credit Cards (a) The County authorizes the issuance of credit cards to departments for the purpose of covering authorized travel expenses incurred by government officials and employees as well as for official authorized government purchases or acquisitions. (RCW 43.09.2855) (b) Elected officials, department heads, and County administrators who feel their department's operations would benefit from having a credit card shall make a formal request to the County Commissioners, or their designee. The formal review of these requests implements a systems of controls, and allows for better tracking of the number of cards issued County-wide and by department, authorized credit and single purchase limits, and to ensure that bills are paid in accordance with the RCWs pertaining to credit card usage and County policy(RCW 42.24.080,RCW 42.24.115, RCW 43.09.2855).All requests for new credit cards will be submitted using the Mason County Credit Card Request Form(Exhibit A)and will include the following documents: a. A list detailing the specific types of transactions the department anticipates for the credit card. (RCW 43.09.2855 (3a)) b. A list of authorized users of the card. The decision as to whom will be authorized to use the card will be at the discretion of the elected official or department head. (RCW 43.09.2855 (3b)) c. A signed Mason County Credit Card Use Agreement(Exhibit B)by the authorized user(s) acknowledging that they have read the County's credit card policy and procedures and that they will use the card in accordance with this policy. These statements will be kept and maintained by each Issue Date: Page 1 of 7 RESOLUTION NO. A Resolution to update the Mason County Credit Card Policy&Procedures by amending Resolution 96-05. WHEREAS, RCW 42.24.115 authorizes counties to provide for the issuance and use of charge cards to employees for the purpose of covering expenses incident to authorized travel; and WHEREAS, RCW 43.09.2855 authorizes counties to use charge cards for official government purchases and acquisitions; and WHEREAS,the Mason County Board of Commissioners believe that the use of credit cards can improve cash management, reduce costs, and increase efficiency when used appropriately; and WHEREAS, it is necessary to provide proper controls over the distribution, authorization, and administration for the use of credit cards for transacting County business; NOW,THEREFORE, BE IT RESOLVED BY THE BOARD OF MASON COUNTY COMMISSIONERS to update the Mason County Credit Card Policy and Procedures as set forth in Attachment A. Dated this 20t' day of February, 2018. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON ATTEST: — Z-�< '/� Randf Ne her in, Chairperson Mel s D ry, Cler f the Board APPROVED AS TO FORM: Terri Drexler, Com6ssioner Tim Whitehea , eputy Prosecuting Attorney Kevin u' Commissioner C: All Departments J:\Credit Card\Resolution to update the Mason County Credit Card Policy&Procedures.doc Mason County Credit Card Policy & Procedures Resolution No. department's designated Card Custodian. The Card Custodian will also sign a statement acknowledging their understanding of the policy and their responsibilities as the Card Custodian(Exhibit C). (RCW 43.09.2855 (3e)) d. A request for the credit limit of each card that is being requested. (RCW 43.09.2855 (3c)) (c) The Commissioner's Office shall maintain an active listing of credit card users,cards issued, and credit limits. (RCW 43.09.2855 (3c)) (d) Departments that have credit cards with retailers (charge card/account cards)must adhere to the same credit card policies and procedures as with a bank credit card.No special permission is needed for these cards, except if a fee is charged to obtain the card. The Board of County Commissioners has approved vendor specific credit cards with no fees for use in all offices and departments. Charge cards with fees require permission from the Board of County Commissioners.A list of all active retailer credit cards and an active listing of authorized users must be on file with the County's Commissioner's office. (RCW 43.09.2855 (3e)) (e) Each Elected Official or Department Head is responsible for the distribution, retrieval, and tracking of each card issued within their office or department.Monthly reconciliations are the responsibility of the department that holds the credit card and is required for each department. (RCW 43.09.2855 (3e)) 2. Use of Credit Cards (a) All purchases made with these cards must be in compliance with the County's purchasing, contracting,vendor list and other applicable policies. (RCW 43.09.2855 (3e)) (b) When a County credit card is used for the purpose of covering expenses related to authorized travel,the government official or employee must submit a fully itemized travel expense voucher with original receipts attached. This is to be submitted within five (5) days of authorized travel. Charges against the credit card that are not properly identified on the travel expense voucher or are found to be not allowed following the County's purchasing, contracting,vendor list, and other applicable policies, as well as the audit required under RCW 42.24.080, shall be paid by the official or employee by check or salary deduction. (RCW 42.24.115) (c) If, for any reason,disallowed charges are not repaid by the official or employee before the credit card billing is due and payable,the County shall have a prior lien against and a right to withhold any and all funds payable or to become payable to the official or employee,up to an amount of the disallowed charges and any interest and/or late fees incurred, as charged by the issuing credit card company. (RCW 42.24.115) Issue Date: Page 2 of 7 Mason County Credit-Card Policy & Procedures Resolution No. (d) Credit cards will be assigned in the name of the office or department, and not in the name of an individual. (RCW 43.09.2855 (3e)) (e) The County's Financial Services Auditors shall establish and implement a written procedure for the payment of all credit card bills. All departments must adhere to this written procedure in order to maintain efficiency,timeliness, consistency, and accuracy of the County's credit card payments. (RCW 42.24.080) See Exhibit E for the current credit card voucher procedures established by Financial Services. (f) Immediate surrender of a credit card(s)may be required if an elected official, employee, or department uses their credit card in a manner that is inconsistent with the County's code,policies, and procedures. (RCW 43.09.2855 (3e)) 3. Liability (a) The individual office or department is responsible for the liability incurred by the use of their credit cards. Payment is due immediately upon receipt of monthly statement. Balances on all cards must be paid so no late fee is incurred. (RCW 43.09.2855 (3d)) See Exhibit E 4. Spending Limits (a) Each Elected Official or Department Head will seek approval by the Board of Commissioners for their department's spending limits, and/or pre-authorization for credit cards issued in their office or department. Such limits will be consistent with office or department spending levels established by the Board of County Commissioners in the annual budget process. The Elected Official or Department Head is responsible for communicating the limit to each user. Subsequent requests for credit limit increases must be submitted to the Board of Commissioners, or their designee,via the Mason County Credit Card Request Form(Exhibit A). (RCW 43.09.2855 (3c)) 5. Unauthorized uses (a) Under no circumstances may an employee or elected official use a government credit card for personal expenses,even if they reimburse the County before the bill is due. (RCW 43.09.2855) (b) Cash advances on all County credit cards are prohibited. (RCW 43.09.2855 (6)) (c) Money orders/Travelers Checks/Gift Cards purchased with County credit cards are prohibited. (RCW 43.09.2855 (3e)) Issue Date: Page 3 of 7 Mason County Credit Card Policy & Procedures Resolution No. (d) Meal and beverage purchases on all County credit cards are prohibited, except under special circumstances as defined by the Mason County Travel Policy. (Exhibit F) (RCW 43.09.2855 (3e)) (e) If an authorized departmental official or employee has charges that are disallowed and are not repaid prior to the credit card billing date,the office or department shall have a prior lien on the employee's wages,including final pay. (RCW 42.24.115 (3)) (f) Failure to repay disallowed charges shall result in a penalty of ten percent per annum from the date of default until repaid. The interest will be computed as simple interest on the outstanding balance. This penalty is payable to the County and is in addition to interest and penalty charges imposed by the credit card company. (RCW 43.09.2855 (3e)) Mason County Credit Card Procedures Definitions: Credit Cards (Bank Cards): Mason County uses the credit card offered through the State of Washington contract. Departments may not use other bankcards. Charge Cards/Account Cards: Cards issued through specific vendors showing an established account. Not a credit card. No special permission is needed for these cards, except if a fee is charged. Charge cards with fees require permission from the Board of County Commissioners. For example, Costco charges a fee for their cards, and they can only be used at Costco stores. Credit Card System Administrator: An individual within the Commissioners' Office is responsible for providing training, advice, direction, consultation and assistance to Approving Managers and Card Custodians. Approving Manager: The Elected Official,Department Head or designee responsible for designating card custodians and requesting purchasing card limits. They will advise custodians of applicable limits and ensure that proper card usage, security, controls, timely bank statement reconciliation and approval,reception of transaction documentation and other related responsibilities are followed. Card Custodian:A Regular Employee, as defined in the Mason County Personnel Policy, within each office or department is responsible for card security and use. Custodians may designate employees within their office or department to use the credit card to purchase specific items or use a credit card for travel purposes. Approving Authority: A Commissioner or their designee Issue Date: Page 4 of 7 Mason County Credit Card Policy.& Procedures Resolution No. I. Charge or Vendor Specific Cards: 1. Elected Official or Department Heads make arrangements with individual vendors for charge or vendor specific cards. 2. If a fee is charged for the card,prior permission must be obtained from the Board of Commissioners. Please contact the Commissioners' office. 3. Keep all cards and account numbers safe. 4. Report inventory of all charge and/or vendor specific cards to the Board of Commissioners' annually. A form, provided by the Commissioners' Office,will be submitted annually by each department, listing the inventory and custodian(s) of all charge and/or vendor credit cards (Exhibit D). U. Credit Cards Bank Cards) 1. Contact credit card system administrator Contact the Credit Card System Administrator in the Commissioners' Office. That person will help your office/department complete the Implementation Form and Letter of Request. The Administrator will establish an account through the Procurement Card contact through the State of Washington. 2. Designate a credit card custodian To designate a new credit card custodian,the Approving Manager completes the Mason County Credit Card Request Form(Exhibit A) and sends it to the Credit Card System Administrator in the Commissioners' Office, along with a signed Credit Card Custodian Agreement(Exhibit Q. Custodians are responsible to: a. Pick up the credit cards from the Credit Card System Administrator in the Commissioners' Office. b. Keep all the credit cards safe and locked when not assigned to an employee. c. Maintain a log of credit cards checked out,to whom, date,purpose, date returned, sales slip returned, etc. d. Maintain the signed Mason County Credit Card Agreements(Exhibit B)from all authorized users of the department's credit card(s). Issue Date: Page 5 of 7 Mason County Credit Card Policy & Procedures Resolution No. e. Report Credit Card Fraud to the Credit Card System Administrator and file a claim with the credit card company. The credit card company will send a form to the department with reported fraud,which will be filled out and a copy submitted with the credit card statement to Financial Services. 3. Using the Credit Card(RCW 43.09.2855 (3)) a. The credit cards must be kept safe and secure at all tunes. When not in use by an individual, it is required that all credit cards be stored in a locked drawer or safe, with limited access. b. When needed for use,the custodian completes the information on the log and has the employee sign the log. If the custodian is the one to use the card,have another employee initial the log. c. The Approving Manager must set the boundaries for credit card use and must communicate this to the employee before they use the credit card. (Prohibited: meals, cash advances,and personal items.) Proof of communication may be done by a signature on a use agreement, etc. d. The card user must obtain and return all charge slips regardless what is purchased, to the custodian or departmental accountant. e. An itemized receipt must be obtained for all purchases when possible. f. Government officials and employees are expected to return the card to the card custodian promptly after each authorized us. Under no circumstances shall the card information be stored by a government official or employee. g. To raise or lower a spending limit on a credit card, complete the Mason County Credit Card Request Form(Exhibit A) and send it to the Credit Card System Administrator in the Commissioners' Office. 4. Credit Card Billing Statements(RCW 43.09.2855 (3)) a. The Credit Card Administrator will receive a master statement of all credit card accounts, for review and audit purposes only. b. The Credit Card Custodian in each department will receive a detailed bill each month for the cards they are responsible for. c. It is the Credit Card Custodian or departmental accountant's responsibility for submitting payment in the proper amount of time each month,pursuant to the Issue Date: Page 6 of 7 Mason County Credit Card Policy & Procedures Resolution No. procedures established by the Auditors in the Financial Services office. (RCW 42.24.080) d. For each purchase made by a charge card, a signed supplier sales receipt/charge slip that clearly describes the items purchased,price, and any applicable tax should be retained by the custodian and attached to the log during the reconciliation process. Documents: • Mason County Credit Card Request Form—see Exhibit A • Mason County Credit Card Agreement—see Exhibit B • Credit Card Custodian Agreement—see Exhibit C • Department Credit Card Inventory List—see Exhibit D • Credit Card Vouchers Procedures—See Exhibit E • Travel Policy—See Exhibit F Issue Date: Page 7 of 7 MASON COUNTY CREDIT CARD REQUEST FORM Exhibit A Please forward request to:Mason County Support Services r Type of Request: O New Card(Sections A,B,C,E) 0 Change or Add Credit Card Custodian(Sections A,E) O Increase/Decrease Credit Limit(Sections A,B,D,E) A.Departmentinformation Department Naive Department Physical Address Phone Number Ext Department Authorized Credit Card Custodian's Name(s) Phone#&Ext.(if differentfrom above) B.Please provide a brief description of the reason for and a list of example transactions of the requested card. ( the list of required documents to be submitted with this request is In Section 1:of the Credit Card Policy. i 1 ' I i i C.For New Credit Card Request: 'D.For Credit Limit'increase%Decrease: i i Department's Credit Limit Request Department's Current Credit Limit I Approved CredirLimit(to be determined by BOCC New Credit Limit Request or their designee .. . Approved Credit Limit(to be determined by BOCC or their designee) Q Request Approved E. Department Head Signature&Date O Request Denied Reason(s)for denial of request: Approving Authority Signature&Date Mason County Credit Card Use Agreement Exhibit B I hereby acknowledge the receipt of my Mason County, US Bank Purchase Card. In consideration of Mason County obtaining the Card and providing it to me, agree to the following: 1. The credit card is for Mason County business related purchases only; personal charges are not to be made. 2. Meals are not allowed to be charged to the credit card. You may submit for reimbursement after your travel to cover your meal allowance, based on per diem rates. 3. 1 will promptly submit travel expense reports covering amounts charged to the Card and will attach a detailed copy of each Card transaction. 4. Improper use of the Card is considered misappropriation of county funds, which may result in corrective action, up to and may include termination. 5. 1 will. promptly return the Card to Mason County if requested to do so or if my employment with Mason County is terminated. 6. If Mason County pays US Bank any un-authorized amounts charged to the Card, 1 authorize Mason County to take such actions, as it deems necessary to recover the amounts paid, including withholding such amounts from my wages or from any other sums payable to me by Mason County. 7. A lost or stolen card should be reported immediately to the Card Custodian and by telephone to US Bank Customer Service at 1-877-846-9302. Your signature verifies that you understand and agree to comply with Mason County's charge card guidelines listed above. Employee Signature Card Custodian Date Date C:\Users\jsweet\Documents\GroupWise\Mason County Credit Card Use Agreement Form.doc Mason County Credit Card Custodian Agreement Exhibit C I hereby acknowledge the receipt of my Mason County, US Bank Credit Card. Account Number: (the "Card") In consideration of Mason County obtaining the Card and providing it to me, agree to the following: 1. The credit card is provided to Mason County's employees based on their need to purchase business related goods and services. 2. Credit card custodians are expected to comply with internal control procedures in order to protect Mason County's assets. This includes keeping receipts, reconciling monthly statements, and following proper card security measures. 3. All charges are billed directly to and paid by Mason County. Personal charges can't be paid to the bank directly and therefore are considered misappropriation of county funds. 4. 1 understand that my department's card privileges may be suspended or cancelled if I am delinquent in paying US Bank. 5. A cardholder must surrender his or her Card upon termination of employment (i.e. retirement, voluntary or involuntary termination). At this point, no further use of the account is authorized. 6. A lost or stolen card should be reported immediately by telephone to US Bank Customer Service at 1-877-846-9302. The custodian will also report the lost or stolen card to the program administrator. Your signature verities that you understand and agree to comply with Mason County's charge card guidelines listed above. Card Custodian Credit Card System Administrator Date Date C:\Users\jsweet\AppData\Local\Temp\XPgrpwise\Mason County Credit Card Custodian agreement Forin.doc Credit Card In ventory by Department Exhibit D DEPARTMENT: Elected Official/Department Head: NONE CREDIT CARDTYPE: CREDIT CARD TYPE: CREDIT CARD TYPE: CREDIT CARD TYPE: CREDIT CARD TYPE: CREDIT CARD TYPE: CREDIT CARD TYPE: CREDIT CARD TYPE: CREDIT CARD TYPE: CREDIT CARD TYPE: Person submitting this form: Date: I C:\Users\jsweet\Documents\GroupWise\Department Credit Card Inventory form.doc Created on 1/22/2019 9:45:00 AM Exhibit E Credit Card Vouchers: Within five (5) days receipt of your monthly credit card statement you need to enter your payment on a separate batch from your other accounts payable invoices in Munis. Financial Services will be doing special AP runs to accommodate the credit card payments should they not fall within the current published AP Run schedule: PURCHASE ORDER USERS: If you are one of the departments using a Munis PO entry, please continue to do so. The PO should have all entries for the entire credit card payment. If you have a credit on account on your current statement please contact Financial Services .before entering this credit on a PO. INVOICE ENTRY SCREEN USERS: If you aren't using a Munis PO, please enter your total payment due on the Gross Amount line and utilizing separate lines in the account field on your entry screen, allocate your purchases by fund and BARS. If you have a credit on account on your current statement enter the credit on on account line as a negative number. The fund and BARS should be the same as the original purchase that was made for which you are receiving .a credit or refund. ALL.USERS: The batch must include: Payment in full amount as shown on the credit card. Include any late fees. Original US Bank statement and all detail with remit coupon. All original receipts and invoices noted on your credit card statement. All supporting documentation required for the purchase, such as a signed travel voucher and back up documents or capital asset form. If another department used your credit card and you don't have Munis permission to enter their fund information into a batch, we can assist i you. After you have entered your fund expenditures on an invoice entry screen, contact Financial Services. We will enter the other department data for you on the same batch. You will then be able to 1 t print an edit showing a complete payment for all funds. You will be responsible for obtaining the proper signatures required on your batch i Exhibit E edit for all funds being used before turning the batch into Financial Services. The goal is to produce one warrant showing a complete payment for that credit card, regardless of the fund using the card. For the data in the Invoice cell, please enter the following: IInvoice cc#9sss JuLv 2017__-This is the last four digits of the credit card, the month and year. If you only use the last four digits and the month, next year you will receive a duplicate entry warning when you attempt to pay. Under no circumstances should you put in your full credit card number either in this field or the description field. In the Description cell, you may put as much as you can. Normally the place of purchase works well. You have limited space. If you are using a PO you have a great deal of space to capture detail for each purchase. DO NOT untick the Separate Check box. This is set in the vendor master default file. US Bank does not want multiple payments from different cards on the same warrant. n Separate check Keep it like this. If you have a grant expenditure please remember to check the PA applied box. �/� PA app'I'ied.j Please do not tick the Include Documentation box. Include documentation This causes the warrant to print out of order. Attach your statement and credit card detail to a blank piece of paper with the Munis Top of Form imprint on the top. Attach your receipts, invoices and-back up documentation in the some order as noted on your credit card statement. Staple these together. Paperclip the remit coupon, with the amount filled in, to the back of this entire stack. Print your batch edit and have it signed. Place the batch in the green voucher box in Financial Services. CREDIT CARD TRANSACTION LOG All Auditor credit card purchases must be noted on the transaction log. When the credit card statement arrives, please enter your purchases in Munis and send to Financial Services. Your voucher must include the actual credit card statement and original remit coupon,all purchases and detailed original receipts/invoices and this transaction log. The transaction log must be signed by an authorized signer for the funds being used and included with your voucher. DATE DATE DATE EMPLOYEE USING CARD VENDOR NAME AMOUNT RETURNED VOUCHERED All purchases noted above have been authorized by the Auditor's department. All purchases are for official County use. All purchases have an original invoice or an emailed invoice attached. DATE AUTHORIZED SIGNATURE PLEASE ATTACH THIS TRANSACTION LOG TO YOUR CREDIT CARD VOUCHER Exhibit F i TRAVEL POLICY Mason County recognizes that out of town travel and related business expenses can be an integral and necessary component of the operation of local government. This policy is intended to establish equitable standards and to provide consistent and fair treatment to all employees who incur such expenses. It is also intended to establish and maintain effective controls over those expenses. County officials (department heads and elected officials)and County employees are expected to exerclse prudent judgment when incurring.travel expenses on behalf of the County doing officia(County business. The failure of employees to follow this policy, or incur excessive expenses, may be cause for disciplinary action. Non business related expenses and/or expenses not made in accordance with this policy will not be approved or reimbursed. All travel and associated expenses must be approved in advance by the department head or elected official..Employees will be reimbursed for reasonable and customary expenses actually incurred in connection with doing business on behalf of the County. These may include: meals; lodging,transportation and other necessary expenses while away from the office. These expenses may not include: alcoholic beverages; tobacco;tips exceeding 15%; meals, lodging or transportation provided for the employee by an outside entity as part of the employees participation;any expenses for a person(s)traveling with the employee; any expenses incurred that are not in connection with the business of the County All requests for payment of travel must be submitted to the Auditor's Financial Services department on forms approved and provided by the Auditor. All required documentation must also be submitted on the approved travel document form. Required travel documents include all itemized receipts, conference/seminar agendas, and all proof of costs incurred while doing business on behalf of the County. Travel doCuments should be presented to the Auditor's Financial Services department In.the month the charges occur. If an employee chooses to travel to a destination in advance of the necessary time for arrival, or remain at the destination following the official closing of the event, there will be no additional per diem, lodging or miscellaneous expenses paid to the employee. All requests for payment must be signed by the department head or elected official and the employee that is requesting reimbursement. An employee may not request reimbursement on behalf of another employee. If an employee is compensated by an outside entity for any travel costs while traveling on behalf of Mason County,the employee will deposit those funds with the Mason County Treasurer. The employee will provide the Auditor's Financial Services department with a copy of the Treasurer's deposit receipt and a detail of the expenses covered. Any member of a board, committee or commission that is not a Mason County employee, but is an appointed member to do business on behalf of Mason County is subject to all travel rules and documentation noted herein. Exhibit F PER DIEM (meal reimbursement) ' All requested meat reimbursement must have a detailed receipt. Meals will be reimbursed, minus any alcohol or a tip exceeding 15%, using the Washington State Office of Financial Management (OFM) per diem rates and,for out of state travel,the U.S. General Services Administration (GSA) per diem rates. The meals will be reimbursed up to the allowable rate for the area and meal on those rate maps, -Per diem will be reduced for any meals provided through coliference registration, 'serninars or similar events. Reimbursement will j not be made if the employee chooses not to eat the meal provided and eats elsewhere. Single Day Per Diem (meal reimbursement): Single day per diem occurs when no overnight stay is required. Single day meal reimbursements are considered to be taxable wages accoding to the IRS and will be included as gross taxable income of the employee. An employee must use the single day per diem form and include it with their payroll tirriesheet information. The department supervisor will forward the per diem form to the Auditor's Financial Services department. The meal will be added to their taxable gross wages and. taxed accordingly. Per Diem (meal reimbursement) while in overnight travel status: If an overnight stay is required,per diem will be based on either OFM (in state) or GSA (out of state) rates for each day the employee is in full travel status. The per diem rate will be based on the location the employee is in for that meal. On days of departure and return an employee will apply the Three Hour Rule (see rule below). Three Hour Rule for.per diem meal reimbursement If an employee is in travel status for three flours beyond their regular woi'k schedule for a single day, they may receive meal reimbursement. The three hours may consist of hours occurring before, after or a combination of both before and after the employee's regular work schedule for the day. The employee may not stop for a meal just to meet the three hour rule. Special circumstances: During emergency situations such as, but not limited to, initial crime scene investigations, major crimes, emergency weather situation, natural disasters, etc,when employees are working extended hours and stopping for a meal break could worsen the emergency or increase costs to the County, departments may provide an on-scene meat of nominal cost, A detailed receipt, including names of all employees/volunteers involved, must be provided. All receipts and pe"rtinent information involving the emergency situation must be included on the claim for payment voucher submitted to the Auditor's Financial Services department. An employee may not claim a per diem meat reimbursement if their County department is also submitting a claim for payment voucher for the same incident. LODGING All lodging is to be reserved using a government, or most economical, rate whenever possible. County credit cards may be used to secure lodging for a County employee. Exhibit F Reimbursement for lodging is allowed when the temporary duty station is located more than fifty (50) miles, using the most direct route;of the closer of either the traveler's official residence or offlcial work station. Reimbursement wilt be made for the actual lodging expense and any applicable taxes. If there are additional charges for a person(s) traveling with the employee, who is not traveling on behalf of County business, the employee is responsible for all charges for that additional persons)and it will not be reimbursed. An itemized statement is required for all charges. If an employee shares an accommodation with another employee or an employee of ! another entity who is attending the same event, an equal share of the double room rate will be paid on behalf of the Mason County employee. Each employee must submit an original invoice showing the lodging charge for their portion of the room rate. Not eligible for reimbursement on a lodging receipt are, but not limited to; laundry services; valet service; entertainment expenses;athletic room (gyro)charges, internet charges(unless required by their supervisor). TRANSPORTATION Any employee driving a vehicle(either County car or personal vehicle) must have and must be able to provide proof of valid car insurance. Employees are encouraged to reserve and use a pool car from ER&R as much as possible. All county vehicles shalt be used in accordance with Mason County ER&R use policy. If a personal vehicle is used, the mileage will b6 based on the current IRS standard POV rate. I Mileage will be prohibited for normal travel between the usual place of business and employee's main place of residence. When traveling on behalf of the County, mileage will f employee's main residence,whichever be paid from either the official work station or the emp y is the closer and most direct route of the two,to the travel destination. Mileage shall not exceed what the sum of a round trip coach airfare from a common carrier, any needed local ground transportation and other related costs for that destination. Airfare (coach rate), car rentals,trains, ferry,_tolls, shuttle/taxi, etc wilt be reimbursed with a receipt and paid at actual costs. Personal travel insurance wilt not be reimbursed. Tickets purchased with an employee's individual frequent flyer miles wilt not be reimbursed. References: IRS,OFM SAAM roles,SAO BARS manual,County resolutions;#37-07 –-07 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Michael MacSems Action Agenda _X_ Public Hearing Other DEPARTMENT: DCD EXT: 571 DATE: 6/9/21 Agenda Item # 16.3 Commissioner staff to complete) BRIEFING DATE: 5/24/2021 BRIEFING PRESENTED BY: Michael MacSems [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: Per Direction of Diane Zorn ITEM: Appoint Micah Sanders to fill a currently vacant term on the Mason County Historic Preservation Commission expiring on November 30, 2022. EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): The Mason County Historic Preservation Commission is a seven (7) member commission which serves to identify and actively encourage the conservation of Mason County's historic resources. Currently there are two open seats on the MCHPC and a third that expires on November 30th. Currently Mason County has one application on file (from 2020) from Micah Sanders volunteering to fill one of these seats. The BOCC interviewed Mr. Sanders in December 2020. Mr. Sanders has indicated that he is still interested in serving on the MCHPC. BUDGET IMPACTS: None RECOMMENDED OR REQUESTED ACTION: On June 1, 2021, appoint Micah Sanders to fill the balance of a term on the MCHPC, which expires November 30, 2022. ATTACHMENTS: Applications from Micah Sanders and the 2021 HPC roster. 2021 Mason County Historic Preservation Commission Membership List Vacant Nov 2021 Jann Goodpaster Vice Chair Nov 2021 Steve Rose Nov 2022 Vacant Nov 2022 David Dally Nov 2022 Edgar Huber Chair,Professional Expertise Nov 2023 Wayne Nicholson Nov 2023 Rhonda Foster Ex-Officio Member Kris Miller Ex-Officio Member E C EE 111 E--, Clerk ��('h t MUIS011\I C0Ul1TTy CO1141VUSS'IONERS OCT 41.1 PIORTH FIT, STREET .S'HELTON IVA 98584 1.lason COUniv Fax 360-427-3437; Voice 360-427-9670, Ext.'/99;275-4=�67 or 482-5269 Commissioners I AM SEEKING APPOINTNIF-N T TC) Historic Preservation Commission NAME: Micah Sanders ADDRESS: PHONE: CITY/ZIP: VOTING PRECINCT: WORK PHONE: E MAIL: I (OR AREA IIJ THE COUNTYYOU LIVE) - ------_---------- COI�MUNITY SERVICE _ENIPLOYMENT: (IF RETIRED PREVIOUS EXPERIENCE) (ACTIVITIES QF.MEMpERSHIPS) COMPANY: WA Office of Financial Management YRS Capitol Furnishings Preservation Committee (Vice Chair) POSITION: Senior Education Analyst COMPANY: YRS POSITION: ------------------------------------------------------------------------------- In your words,what do you perceive is the role or purpose of the Board, Committee or Council for which you are applying: The HPC stands as Mason County's main line of defense against the loss of it's historic corrector. Our heritage extends we eyon nc s an mo ar ut w )e tur our cu e can )ve on in t e ea s o res) en s our )s or)c u) ings .anddandmacks c�,A aintain the identity of MasouCo>1nt��e re- generation protecting the structures that give our home character.These places and symbols of Mason County should be -made-to--bu vvoTkMU-parts-o lfteT MMUn ty-t Ining tffeldeMty-thzt-matu-thtMTbistOTIC-!R— the first place What interests, skills do you wish to offer the Board, Committee,or Council? I have a deep interest in the study of history and it's im acts on today's life I love restoring old things to their historic charm with modern functionality.Whether the item is a chair or a building, I love the process and the product. Having evenseen-histon"resewahen--prejests-as-par#-GPhe-GF-IaG ' `'n,7, I '' ' Q-a-)tpe6enee4n-prelest-rnagemei4t,--- restoration oversight, and fundraising to the committee. Please list any financial, professional, or voluntary affiliations which may influence or affect your position on this Board: (i.e. create a potential conflict of interest) I serve on a state committee(CFPC)which is tasked with historic preservation. I expect no conflicts. 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? yes f;eaiistically,how much dime can you give to this position? C.)uarterly Monihly x Weekly Daily Office Use Otily Micah W. Sanders 10/7/20 Appointment Date signature, Data Tenn Expire Date MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Jennifer Beierle Action Agenda _X_ Public Hearing Other DEPARTMENT: Support Services EXT: 532 DATE: June 8, 2021 Agenda Item # S 4 Commissioner staff to complete) BRIEFING DATE: May 24, 2021 BRIEFING PRESENTED BY: Jennifer Beierle [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency Item: Establish a Special Revenue Fund for the American Rescue Plan Act (ARPA) Funds Background: Title 9, Federal Civil Rights Law, Subtitle M (Sec. 9901) of the American Rescue Plan Act (ARPA) establishes the State and Local Fiscal Recovery Funds program. The Coronavirus State and Local Fiscal Recovery Funds will deliver $350 billion in aid to state, local, territorial, and tribal governments to respond to the COVID-19 emergency. Counties are direct recipients of$65.1 billion of these funds. The allocation is based on population and Mason County is scheduled to receive 50% of $12,968,901 in June of this year. The balance will be delivered approximately 12 months later. The funds may be used to: • Support urgent COVID-19 response efforts to continue to decrease spread of the virus and bring the pandemic under control; • Replace lost public sector revenue to strengthen support for vital public services and help retain jobs; • Support immediate economic stabilization for households and businesses; and, • Address systemic public health and economic challenges that have contributed to the inequal impact of the pandemic on certain populations. The local fiscal recovery funds will cover qualifying expenses through December 31, 2024 and any unused funds must be expended or returned to the U.S. Treasury at the end of the covered period. This is an unusually large sum of grant funds to be advanced to the County and the span of use will most likely be spread over'several years. For these reasons the recommendation of the Audit Committee is to create a special revenue fund for the duration of the ARPA funding use. J:\Budget Office\Briefmg,Agenda,&Public Hearing Items\2021Wction Agenda 6.8.2021 -Create Sp Rev Fund for ARPA.doc Recommended Action: Approval for the Board to establish Special Revenue Fund No. 155 for the American Rescue Plan Act (ARPA) Funds Attachment: Resolution to Establish ARPA Fund No. 155 J:\Budget Office\Briefmg,Agenda,&Public Hearing Items\202 I\Action Agenda 6.8.2021 -Create Sp Rev Fund for ARPA.doc RESOLUTION NO. ESTABLISHMENT OF 2021 AMERICAN RESCUE PLAN ACT FUND NUMBER 155 WHEREAS, a request has been made by the Mason County Audit Committee for the Mason County Commissioners to establish a County Fund for the American Rescue Plan Act (ARPA) funds, and WHEREAS,Title IX, Subtitle M(Sec. 9901) of the American Rescue Plan Act(ARPA) establishes the State and Local Fiscal Recovery Funds program, and WHERAS,these local fiscal recovery funds will over qualifying expenses through December 31,2024 to cover increased expenditures,replenish lost revenue and mitigate economic harm from the COVID-19 pandemic, along with any qualifying expenses as the U.S. Treasury issues more detailed guidance, and WHERAS, any unused funds must be expended or returned to the U.S. Treasury at the end of the covered period, and WHEREAS,the Mason County Audit Committee having established that the best practice would be to create a new fund to track the ARPA funds and duly determined a Special Revenue Fund is an appropriate fund type, NOW,THEREFORE,BE IT RESOLVED,that the County Auditor is authorized to establish a Special Revenue Fund 155-0000000-000-000, and BE IT FURTHER RESOLVED,that said fund shall be known as the American Rescue Plan Act Fund, and Support Services is hereby directed to administer the Fund by receipting revenue and paying proper expenses as directed and approved by the Mason County Board of County Commissioners. ADOPTED,this day of June, 2021. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON Randy Neatherlin, Chair ATTEST: McKenzie Smith, Clerk of the Board Kevin Shutty, Commissioner Tim Whitehead, Chief DPA Sharon Trask, Commissioner C: Auditor,Auditor/Financial Services,Treasurer,Support Services/Budget Attachment A MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Ross McDowell Action Agenda _X_ Public Hearing Other DEPARTMENT: Information Technology EXT: 806 COMMISSION MEETING DATE: June 8, 2021 Agenda Item # 8.5 Commissioner staff to complete) BRIEFING DATE: May 24, 2021 BRIEFING PRESENTED BY: Ross McDowell [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Cyber Security Awareness training agreement - KnowBe4 BACKGROUND: KnowBe4 with give us the ability to send out targeted simulated phishing emails to the county staff. KnowBe4 has hundreds of spoof emails to choose from that are all accompanied with training should the staff fail the test. Over time, the system will identify weak points of individuals and tailor the simulation to strengthen those weaknesses. The Washington Risk Pool with be paying the for the cost for a three-year subscription of this system ($17,449.83). With the exception of the "PhishER"component. The PhishER product allows this whole system to be automated and do most of the work for us. The cost for the three-year subscription for PhishER is approximately $5,681.34 in three payments of $1,893.78. BUDGET IMPACTS: KnowBe4 Security Awareness Training Subscription - Diamond (paid for by WA Risk Pool) = $17,449.83. KnowBe4 PhishER Subscription (paid for by Mason County) _ $5,681.34 RECOMMENDED ACTION: Approve the agreement and pay for the use of the KnowBe4 software with the understanding that Washington State Risk Pool will reimburse Mason County for its portion of the KnowBe4 software ($17,449.83) for the three year period. ATTACH M ENT(S): KnowBe4 invoice H:\FORMS\BOCC Forms\Commission Agenda Item Summary Template I.doc I<nr)wBe4 INVOICE#I134101 DATE 5/2S/202021 Human error.Conquered. DUE DATE 6/27/2021 TERMS Net 30 KnowBe4, Inc. CUSTOMER ID C-053605 33 N Garden Ave STE 1200 Clearwater FL 33755 United States Remittance Address Below BiIITo Ship To AMOUNT DUE Mason County-WA Mason County-WA 411 N 5th St 411 N 5th St Shelton WA 98584 Shelton WA 98584 $8 ) 388 .90 USD United States United States Terms Due Date Reference# Message Net 30 6/27/2021 Signed Quote Q-201611 **1 of 3 Installments** Total Order:$25,166.71 Quantity Item Tax% Amount 501 KMSATD 8.80% $5,816.61 KnowBe4 Security Awareness Training Subscription Diamond Line Discount:25% Start Date:5/2812021;End Date:5/27/2024 501 PHISHER 8.80% $1,893.78 KnowBe4 PhishER Subscription Line Discount:25% Start Date:5/28/2021;End Date:5/27/2024 111111111111111111111 1 of INV134101 Knr)wBe4 INVOICE# I134101 DATE 5/2S/202021 Human error. Conquered. DUE DATE 6/27/2021 TERMS Net 30 KnowBe4, Inc. CUSTOMER ID C-053605 33 N Garden Ave STE 1200 Clearwater FL 33755 United States Remittance Address Below Pricing includes all discounts. Subtotal $7,710.39 Tax Total (%) $678.51 Total $8,388.90 Bank Information: USPS Remittance Mailing Address: Account Name: KnowBe4, Inc. KnowBe4 Inc. Bank Name:JP Morgan Chase PO BOX 734977 Routing Number for Wire:021000021 Dallas,TX 75373-4977 Routing Number for ACH:072000326 Account#:520575207 SWIFT Code: CHASUS33 See our new banking information and please ensure you are sending to the correct address and bank account. EIN:36-4827930 Click Here for W-9 pdf Document. Late payment may incur a 1.5% late processing fee. Make checks payable to: KnowBe4, Inc. For questions or additional remittance addresses, please contact us at ar@KnowBe4.com Thank you for your business! II I I I III IIII II'l 11 I I Ii 11 I I'I III 2 of 2 INV134101 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Dave Windom / Todd Parker Action Agenda x Public Hearing Other DEPARTMENT: Community Services EXT: 260 DATE: June 8, 2021 Agenda Item # Commissioner staff to complete) BRIEFING DATE: May 24, 2021 BRIEFING PRESENTED BY: Lydia Buchheit [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Contract Extension: Contract with Quixote Communities to support the veteran tiny home village Background: Quixote Communities has run into construction delays and they have asked for the contract end date and performance period to be extended from May 31, 2021 to September 30, 2021. The project is continuing, and the goal is to break ground this summer. Budget Impacts: None. RECOMMENDED ACTION: Approval to amend the contract with Quixote Communities to extend the end date through September 30, 2021. Attachment(s): Amendment Contract Between Mason County Community Services Department of Public Health and Quixote Communities Professional Services Contract number QC.2060.2020.1 (MC Contract#20-022) Amendment# 1 The purpose of this amendment is to extend the contract deadline. IT IS MUTUALLY AGREED THEREFORE: That the Original Contract is hereby amended as follows: 1. Contract Term A. The contract expiration date and performance period is extended through September 30, 2021. ALL OTHER TERMS AND CONDITIONS of the original Contract and any subsequent amendments hereto remain in full force and effect. IN WITNESS WHEREOF, the undersigned has affixed his/her signature in execution thereof on the day of , 2021. Quixote Communities MASON COUNTY COMMISSIONERS S4k�-- igature Randy Neatherlin, Chair Mason County Board of Commissioners Title V Date 1 MASON COUNTY AGENDA ITEM SUMMARY FORM o: Board of Mason County Commissioners From: Kell Rowen, Planning Manager Action Agenda 0 Public Hearing ❑ Other ❑ Department: Community Services Ext: 286 Date: June 8, 2021 Agenda Item #8 �- (Commissioner Staff To Complete) Briefing Date: May 10, 2021 Briefing Presented By: Kell Rowen [ ] Item Was Not Previously Briefed With The Board Please Provide Explanation Of Urgency ITEM: Adding one FTE to the Planning Department to hire a Planner or Senior Planner. BACKGROUND: Mason County Department of Community Development needs to add a Planner to fulfill long range planning duties related to water issues, housing and other duties as assigned. BUDGET IMPACT:. This additional full-time position will impact the DCD budget for 2021 by approximately 46,000. RECOMMENDED ACTION: The BOCC shall approve the addition of one FTE for a Planner. ATTACHMENT(S): Recruitment Request Form 6/1/2021 ;*ems copNr JOB POSTING - RECRUITMENT REQUEST Department: Planning Position Title: Planner or Senior Planner New Position Yes If so, date approved by CMMRS 6/8/2021 Existing Position Who formerly held this position MUNIS BARS# **New positions,please attach a copy of the action agenda a proving this position and a completed Job Class Set-Up/Change Form" Please check off that the following are attached: LV ]Agenda Action Sheet Job Class Set-Up/Change Form Human Resources use: Action Agenda sheet attached Job Class Set-Up/Change Form HR verified Send new position and job class request information to Financial Services Assigned Job Posting # Exempt ✓ Non-Exempt ❑✓ Regular FT ❑Regular PT Extra Help ❑Seasonal emporary Posting requirements for bargaining unit? ✓ Yes❑No If yes, x Concurrent with external OR: from to Opening Date: 6/9/2021 Closing Date: Until Filled Min. Salary: Max Salary.- Requested Advertisements and Date(s)of Publication ❑Shelton Journal-Aprox.$15 per week.(Thursday) Date(s): 1) 2) ❑ Kitsap sun- Average price$160 for 2 Sunday paper ads Date(s): 1) 2) [ ]The Olympian-Prices vary-Please request a quote from HR.Average price is$600-Online only options available upon request. Date(s): 1) 2) ❑Tacoma New Tribune Online:Ask HR to get a price quote. [—]The Shoppers Weekly-$7.50 for 20 words and.10 for each additional word. ❑AWC—JobNet$100.00 ❑Sound Publishing Approx.$30 per week.Bainbridge Island Reporter,North Kitsap Herold,Central Kitsap,Port Orchard Independent ❑✓ Other-specify publication: APA-WA Dates: 1) 6/9/2021 2) Note: Each Department is responsible for their advertisement payments. Standard Recruitment Sources - HR posts to all of the follow with no cost to your department. WorkSource Monster.com Indeed.com Olympic College SPSCC Evergreen State College(CODA) County Website Squaxin Island HR Skokomish HR All County E-Mail WA State Employment Security Dept. County Facebook page Governmentjobs.com HR Lobby Pacific Mountain Workforce/Camo2Commerce Notes:https://apawa.memberclicks.net/index.php?option=com mcform&view=ngforms&id=2007014#/ Requested by: Kell Rowen Date: 6/8/2021 Updated 04.12.2019 MASON COUNTY AGENDA ITEM SUMMARY FORM To: Board of Mason County Commissioners From: Action Agenda: X Chief Criminal Deputy Dracobly Public Hearing: Other Department: Sheriff's Office Ext: Commission Meeting Date: June 8, 2021 Agenda Item # 8,8 (Commissioner staff to complete) Briefing Date: May 3 and 24, 2021 Briefing Presented By: Jason Dracobly and Frank Pinter [ ] Item was not previously briefed by the board Please provide explanation of urgency Item: Request for body and in-car video recording system for the Sheriff's Office including installation costs and an additional FTE to support the program. Background: Recent events across the US create a demand for more accountability and transparency in law enforcement with regard to interactions with the public. One of the best tools available is the use of audio and video recordings. There is increasing demand from citizens for video. Over the past 11 months I reviewed several different products. The GETAC Enterprises products provide local service and the best available replacement schedule at a competitive price. GETAC is an approved GSA/NCPA vendor so we would "piggyback"on that purchase contract to shorten the time needed to place an order. Orders for these types of products is increasing and availability is decreasing due to continued supply chain shortages. Based on my review of the products, discussion with other similar sized agencies, and our history with in-car video systems, I know that the Sheriff's Office will need an FTE to manage this digital evidence system and the public disclosure requests associated with this kind of system. "The ability of the police to perform their duties is dependent upon public approval of police existence, actions, behavior and the ability of the police to secure and maintain public respect." Sir Robert Peel, the father of modern policing. Agenda Summary 6/1/2021 Recommended Action: Approval of a purchase of enough in-car and body cameras for each commissioned and partially commissioned deputy and all Sheriff's Office vehicles. Approximate cost $704,000. Approval of a requisition to Systems for Public Safety to install cameras in MCSO vehicles. Approximate cost $40,000. Approval to create a new FTE and hire for an Evidence Technician position. Approximate cost for the balance of 2021, $45,000. Balance transfers to be completed from county funds as needed to meet budget authority guidelines. Attachment(s)• GETAC Quote provided by distributor Rugged Development. Agenda Summary 6/1/2021 Quote Quote#QTE000070 RUGGED DEVELOPMENT Rugged Development 2218 E.Granite Circle Mesa Arizona 85204 U.S.A Bill To Mason County Sheriff's Office Jason Dracobly POB 1037 Shelton 98584 Washington Quote Date: 23 Mar 2021 Ship To POB 1037 Expires : 12 Jun 2021 Shelton 98584 Washington Sales Person : Jesse Stefko .. QLY .D Price 1 Getac Enterprise BWC(BC-02)w/Refresh&Extended $1,074.71 53 920.00 48,760.00 Warranty OVWX2MXXXXXI GETAC VIDEO SOLUTIONS INC.:Body Worn Camera(BC-02),64GB+FHD/HDNWGA+WiFi+GPS+ BLE,1 year hardware warranty(compatible with magnetic charge cable ORB39X).OVWX2MXXXX21 GETAC VIDEO SOLUTIONS INC.:Body Worn Camera(BC-02),25th month device refresh option program,full upfront,1 year hardware warranty.OVWX2MXXXX41 GETAC VIDEO SOLUTIONS INC.:Body Worn Camera(BC-02),49th month device refresh option program,full upfront,1 year hardware warranty. GE-SVBWRFFIY GETAC:BC-02 Extended Warranty for 2nd refresh program-Year 2-Getac,Body Worn Device,BWC 1 st Refresh Program warranty,1,Year. GE-SVBWRFSIY GETAC VIDEO SOLUTIONS INC.:BC-02 Extended Warranty for 2nd refresh program-Year 2-Getac, Body Worn Device,BWC 2nd refresh program warranty,1, Year # Item&Description MSRP Qty RD Price Amount 2 Getac(BC-02)-8 Port Multidock with Datamover(MD- $1,299.00 2 1,195.00 2,390.00 02D) GETAC VIDEO SOLUTIONS INC.:Body Worn Camera(BC-02)- 8 Port Multidock with Datamover(MD-02D),includes 90W AC Adapter(US) 3 Getac Body Worn Camera(BC-02)-Single Port Dock $107.00 53 105.00 5,565.00 GETAC VIDEO SOLUTIONS INC.:Body Worn Camera(BC-02)- Single Port Dock(VD-02),includes USB AC adapter,USB Cable(3.94 ft) 4 Getac BWC(BC-02)Single Port Dock $69.00 46 65.00 2,990.00 GETAC VIDEO SOLUTIONS INC.:Body Worn Camera(BC-02)- Single Port Dock(VD-02),dock ONLY 5 Getac Body Worn Camera(BC-02)-VD-02 Dock $19.99 99 17.00 1,683.00 GETAC VIDEO SOLUTIONS INC.:Body Worn Camera(BC-02)- VD-02 Dock-Extended Warranty-Years 2,3,4&5 6 Getac Body Worn Camera(BC-02)Dock Extended 2 yr $249.99 2 224.00 448.00 Warranty GETAC VIDEO SOLUTIONS INC.:Body Worn Camera(BC-02)- MD-02D Dock w/90W-Extended Warranty-Years 2,3,4&5 7 Body Worn Camera Bluetooth Trigger Box $149.00 46 137.00 6,302.00 GETAC VIDEO SOLUTIONS INC.:Body Worn Camera Bluetooth Trigger Box(TB-02) 8 Getac BC-02)-Bluetooth Trigger Box-Extended $59.99 46 53.00 2,438.00 Warranty Syr GETAC VIDEO SOLUTIONS INC.:Body Worn Camera(BC-02)- Bluetooth Trigger Box-Extended Warranty-Years 2,3,4&5 9 Getac Body Worn Camera USB Extension Cable 12.5 ft $19.00 46 18.00 828.00 GETAC VIDEO SOLUTIONS INC.:Body Worn Camera USB Extension Cable for VD-02,12.5 ft 10 Getac BWC Molle Mount $20.12 53 20.00 1,060.00 GETAC VIDEO SOLUTIONS INC.:Body Worn Camera Molle mount 11 Getac Body Worn Camera(BC-02)Magnetic Quick $39.00 55 35.00 1,925.00 Release Charge Cable GETAC VIDEO SOLUTIONS INC.:Body Worn Camera(BC-02), magnetic quick release charging USB cable 12 Getac Video VR-20 In-Car Kit $5,554.00 46 3,764.00 173,144.00 GETAC VIDEO SOLUTIONS INC.:VR-X20 for In Car Video-VR- X20 i5 Only with Blackbox Recording,Display(CU-D50), ZeroDark FHD Dual Omni IP Camera CA-NF22-180/70, ZeroDark FHD IP Camera CA-NF21-1461R,Wiring kit(25ft)GPS antenna(14ft)WiFi/BT antenna xra r-- Item i Description MS•• Qty RD Price Amount 13 Getac Mounting Bracket(2020 Interceptor) $89.00 46 72.00 3,312.00 GETAC VIDEO SOLUTIONS INC.:Mounting Bracket(Visor)- Front Camera AND Display(CU-D50)-2020 Interceptor 14 Getac Ethernet Cable-RJ45/CAT5e(25 ft) $19.00 46 15.00 690.00 GETAC VIDEO SOLUTIONS INC.:Ethernet Cable-RJ45/CAT5e (25 ft) 15 GETAC:DVR Extended Warranty $849.00 46 690.00 31,740.00 GETAC VIDEO SOLUTIONS INC.:DVR+Cameras+Display Extended Warranty-Years 2,3,4&5 16 Getac Video Managed Service&Cloud-Video License $1,000.00 2 900.00 1,800.00 &Annual Maintenance GETAC VIDEO SOLUTIONS INC.:Getac Managed Service& Cloud-Video License and Annual Maintenance(Per DATA MOVER Software device)60 Months Pay Upfront 17 Getac Video Managed Service&Cloud 60 Month $5,300.00 99 2,960.00 293,040.00 GETAC VIDEO SOLUTIONS INC.:Getac Managed Service& Cloud-Plan 4(Cloud Unlimited,SW maintenance),60 Months Pay Upfront 18 Getac Video Enterprise Active Directory Connector $600.00 53 320.00 16,960.00 GETAC VIDEO SOLUTIONS INC.:Getac Enterprise-Active Directory Connector(Per Client Device),60 Months Pay Upfront 19 Getac Enterprise-Active Directory Connector $1,400.00 1 0.00 0.00 Installation GETAC VIDEO SOLUTIONS INC.:Getac Enterprise-Active Directory Connector Installation 20 Getac Tier 2 Cloud Deployment Training $16,300.0 1 12,860.00 12,860.00 GETAC VIDEO SOLUTIONS INC.:Tier 2 Cloud Deployment 0 Service,2 Remote Setup Days/Up to 5 Days Onsite(Project /Training) 21 Getac Enterprise-CAD Connector Installation $1,400.00 1 0.00 0.00 GETAC VIDEO SOLUTIONS INC.:Getac Enterprise-CAD Connector Installation 22 Getac Enterprise CAD Connector 60 Months $900.00 99 380.00 37,620.00 GETAC VIDEO SOLUTIONS INC.:Getac Enterprise-CAD Connector(Per Client Device),60 Months Pay Upfront Sub Total 645,555.00 Mason County Washington(8.8%) 56,808.84 Total $702,363.84 Notes We look forward to working with you. Terms&Conditions Upon accepting this quote,you agree to the pay the total amount due within this quote at the agreed upon time,which will be provided in an invoice following the acceptance of this quote.Should there be any change(s)in price on any item(s),a new quote and invoice will be provided. You also acknowledge upon acceptance of this quote and the provided invoice for this quote,that there are no returns on any item(s) unless authorized by Rugged Development and the product(s)manufacturer(s). MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Richard Dickinson Deputy Director/U&W Action DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: June 8, 2021 Agenda Item # .q BRIEFING DATE: May 24 2021 BRIEFING PRESENTED BY: Richard Dickinson [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Mason — Kitsap County Household Hazardous Waste Disposal Interlocal Agreement — Contract No. KC-346-21 BACKGROUND: Mason County has an interlocal agreement with Kitsap County to allow Mason County resident disposal of Household Hazardous Waste (HHW) at the Kitsap County HHW Facility in Bremerton. This agreement expired June 30, 2021 coinciding with the state budget cycle and the Local Solid Waste Financial Assistance (LSFWA) grant program. Kitsap County recently forwarded a new agreement which will commence at time of signing, with an effective date on July 1, 2021, for purposes of cost reimbursement for services. The new agreement expires June 30, 2023 and may be extended for an additional year. The cost of this contract is covered by the tipping fee revenue in Solid Waste Fund #402 and LSWFA grant funds from Ecology. The interlocal agreement has a maximum annual payment of $55,000 ($50 per customer x 1,100 customers). RECOMMENDED ACTION: Recommend the Board execute CONTRACT NO. KC- 346-21 Interlocal Agreement between Mason and Kitsap Counties to provide residential household hazardous waste collection and disposal opportunities. ATTACHMENT: 1. Interlocal Agreement CONTRACT NO. KC-346-21 INTERLOCAL AGREEMENT BETWEEN KITSAP COUNTY AND MASON COUNTY TO PROVIDE RESIDENTIAL HOUSEHOLD HAZARDOUS WASTE COLLECTION AND DISPOSAL OPPORTUNITIES This agreement is executed between Kitsap County ("Kitsap") and Mason County ("Mason") for the purpose of providing a permanent site with year-round availability for proper disposal of household hazardous waste ("HHW")to Mason County residents at the Kitsap County Household Hazardous Waste Collection Facility. BACKGROUND WHEREAS, the Kitsap County Moderate Risk Waste ("MRW") Management Plan (hereinafter the "Plan") was written pursuant to Revised Code of Washington (RCW) 70.95.220 and adopted by the Kitsap County Commissioners; and WHEREAS, Kitsap constructed the HHW Collection Facility (hereinafter"the Facility") and has operated the Facility since April 18, 1996; and WHEREAS, the Facility provides year-round availability for the proper disposal of HHW to Kitsap County residents; and WHEREAS, HHW disposal is funded through a combination of tipping fees collected at Olympic View Transfer Station and the Local Solid Waste Financial Assistance Agreement between the State of Washington Department of Ecology and Kitsap County; and WHEREAS, Mason residents have utilized the Facility over the past twenty-five (25) years and desire to continue use of the Facility; and WHEREAS, Kitsap and Mason share common goals to protect watersheds; protect groundwater and drinking water quality; provide opportunities for residents to properly dispose of HHW; educate residents about potential hazards regarding storage of hazardous products; and WHEREAS, Kitsap and Mason find it is in the best interest of their citizens and in the public welfare to enter into an interlocal agreement pursuant to RCW 39.34 regarding these common goals; and WHEREAS, Kitsap agrees to provide year-round HHW collection opportunities to Mason residents for the waste stream set forth in Attachment A, attached hereto; and WHEREAS, Kitsap agrees to provide year-round HHW collection opportunities to Mason residents for the fee to Mason set forth below; and WHEREAS, Kitsap and Mason are authorized to enter into Interlocal Agreements pursuant to Chapter 39.34 RCW; NOW THEREFORE, the parties mutually agree as follows: The recitals are hereby incorporated into the Agreement by this reference. KC-346-21 Mason County Interlocal Agreement for HHW Disposal Service for Residents 1 I P a g e Kitsap shall make its facility services available to Mason residents according to the terms of this Interlocal Agreement, and shall serve as the "lead entity" in the ongoing administration and implementation of this Agreement. Mason agrees to (a) advertise the expanded opportunities for HHW collection to Mason residents; and (b) provide Kitsap with Mason specific MRW education materials for distribution to Mason customers. Mason agrees to reimburse Kitsap $50.00 per documented Mason customer. Notwithstanding the preceding, Mason payments are not to exceed $55,000.00 per year (1,100 customers) unless specifically approved in writing in advance. Kitsap shall submit monthly invoices for collection and disposal services pursuant to this Agreement to which Kitsap is entitled to compensation. Invoices shall detail the number of Mason customers who utilized the Facility. Mason shall make payment within thirty (30) days following receipt of billing. Kitsap shall maintain adequate records to support billings under this Agreement. This Agreement shall commence at time of signing, with the effective date on July 1, 2021, for purposes of cost reimbursement for services, and shall extend through June 30, 2023. The parties may agree to extend this Agreement for an additional year by amendment as set forth below. Kitsap may terminate this Agreement whenever Kitsap determines, in its sole discretion, that such termination is in the best interests of Kitsap County. Termination of this Agreement by Kitsap at any time during the term, whether for default or convenience, shall not constitute a breach of this Agreement. Mason County may terminate this Agreement upon provision of sixty (60) days written notice to Kitsap, and shall be liable for all actual costs incurred through the termination date specified in such notice, consistent with the per customer fees prescribed above. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period by Mason, Kitsap shall not be obligated to provide services after the end of the current fiscal period. Mason and Kitsap agree to defend, indemnify and hold harmless each other, at their sole expense, including attorneys' fees, from and against any and all claims, demands, losses, damages, liabilities, and expenses of any nature whatsoever, including, but not limited to personal injury or property damage, arising out of the performance of this Agreement, whether the demand, loss or claim is due to the negligence of either Mason, or Kitsap, or of their elected and appointed officials, officers, employees and agents, except for injury or damages caused by the sole negligence or willful misconduct of either Kitsap or Mason, its elected or appointed officials, officers, employees or agents. This Agreement may be amended only upon the written agreement of the parties executed with the same formalities required for the execution of this Agreement. There will be a review of per customer costs if an extension is desired. No separate entity is created by this Agreement and any property purchase under this Agreement shall be the property of the purchaser. KC-346-21 Mason County Interlocal Agreement for HHW Disposal Service for Residents 2 1 P a g e This Agreement shall be, at a minimum, recorded with the Kitsap County Auditor. Any notices and payments shall be mailed to: For Kitsap County: For Mason County: Kitsap County Public Works Mason County Public Works Department Solid Waste Division Utilities and Waste Management Division 614 Division Street, MS-27 P.O. Box 578 Port Orchard, Washington 98366 Shelton, Washington 98584 Attn: Christopher Piercy Attn: Richard Dickinson DATED this day 12021 DATED this day , 2021 BOARD OF COUNTY COMMISSIONERS BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON KITSAP COUNTY, WASHINGTON Randy Neatherlin, Chair ROBERT GELDER, Chair Kevin Shutty, Commissioner EDWARD E. WOLFE, Commissioner Sharon Trask, Commissioner CHARLOTTE GARRIDO, Commissioner ATTEST: ATTEST: McKenzie Smith, Clerk of the Board Dana Daniels, Clerk of the Board APPROVED AS TO FORM: APPROVED AS TO FORM: by the Kitsap County Prosecuting Attorney's Office Tim Whitehead, Chief DPA KC-346-21 Mason County Interlocal Agreement for HHW Disposal Service for Residents 3 1 P a g e ATTACHMENT A A-Fuels Aerosols Antifreeze Auto Batteries Cleaners Household Batteries Latex Paints Mercury Lamps Motor Oil Oil Based Paints Poisons KC-346-21 Mason County Interlocal Agreement for HHW Disposal Service for Residents 4 P a g e MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Mike Collins P.E. PLS County Engineer Action DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: June 8 2021 A enda Item # .gyp BRIEFING DATE: May 24 2021 BRIEFING PRESENTED BY: Mike Collins [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: CRAB Rural Arterial Program Prospectus—Amendment No. 1 BACKGROUND: On May 21, 2019, the Board of County Commissioners authorized Public Works to submit a Rural Arterial Program Prospectuses (RAP) to the County Road Administration Board (CRAB), for County Road Project (CRP) No. 2020, Old Belfair Highway (approx. M.P. 1.200 to MP 1.600)— resurfacing, restoration and rehabilitation project. Mason County was approved for the Rural Arterial Trust Account (RATA) funding on April 25, 2019 in the amount of $565,972. At this time, CRAB is offering Mason County an increase of the RATA funding to $1,188,000 that was approved by the CRABoard on April 29, 2021. Public Works is requesting the Board approve the increased funding ($622,028) from CRAB. Previous Approve RATA Funds Increased RATA Funds —Amendment #1 Estimated Project Cost: $1,420,000 Estimated Project Cost: $ 1,420,000 Authorized RATA Funds: $ (565,972) Authorized RATA Funds: $(1,188,000) County Road Funds; $854,028 County Road Funds; $ 232,000 RECOMMENDED ACTION: Recommend the Board of County Commissioners authorize the Chair to execute the County Road Administration Board Rural Arterial Program Prospectuses Amendment No. 1, increasing RATA funding to $1,188,000, for CRP 2020, Old Belfair Highway resurfacing, restoration and rehabilitation project. ATTACHMENTS: 1. RAP Prospectus — Amend. No. 1 2. Vicinity Map STATE OF WASHINGTON -COUNTY ROAD ADMINISTRATION BOARD RURAL ARTERIAL PROGRAM PROJECT AGREEMENT FOR CONSTRUCTION PROPOSAL AMENDMENT NO. 1 Submitting County: Mason Project Number: 2319-02 Date Approved: 04/25/2019 Road Number(s) Road Name(s) - _ - BMP(s) EMP(s) Segment# 98250 Old Belfair Hwy 1.200 1.600 1 This is Amendment No. 1 to the above described Project Agreement, between the County of Mason, hereinafter the"County"and the State of Washington County Road Administration Board, hereinafter the"CRABoard." WHEREAS, the COUNTY and CRABoard desire to amend the original Project Agreement to allow an increase to authorized RATA funds under the conditions described in WAC 136-161-070. NOW, THEREFORE, pursuant to chapter 36.79 RCW and in consideration of the terms, conditions, covenants, and performance contained herein, or attached and incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: 1. The following new language is added as section 15 to the Project Agreement: Authorized RATA funding is increased to$1,188,000 per CRABoard approval dated April 29, 2021 2. =Att other terms and conditions of the original Project Agreement shall remain in full force and effect except as modified by this Amendment No. 1. IN WITNESS WHEREOF, the PARTIES hereto have executed this AMENDMENT No. 1 as of the PARTY's date last signed below. COUNTY ROAD ADMINISTRATION BOARD: Mason COUNTY: -- By: By: Date: Date: - Page 1 of 1 - AMENDMENT NO. 1 ! The following security features exceed state mandates. The following security features exceed state mandates. ' Q 8 Security Features Document Appearance if Altered j i 8 Security Features Document Appearance if Altered i i Hidden Pantograph The word"COPY"appears when copied. ! j Hidden Pantograph The word"COPY"appears when copied. j Coin Reactive Ink Ink changes color when rubbed with a coin. i Coin Reactive Ink •Ink changes color when rubbed with a coin. Artificial Watermark •Special paper containing"watermarking". i ! Artificial Watermark •Special paper containing"watermarking". j Uniform Background If someone tries to erase or copy,the consistent background Uniform Background If someone tries to erase or copy,the consistent background Color:OFF WHITE color will look altered and will show the color of the I { Color:OFF WHITE color will look altered and will show the color of the underlying paper. i underlying paper. f Microprinting Frame around features list box is composed of type i Microprinting Frame around features list box is composed of type i "SECURITYGUARDPLUSMICROPRINTINGFEATURE" "SECURFFYGUARDPLUSMICROPRINTINGFEATURE" and can be viewed with a magnifier. and can be viewed with a magnifier. I Features List Complete list of security features on the paper for compliance i j Features List Complete list of security features on the paper for compliance j j purposes. I i purposes. I Erasure Protection •Erase any of the signatures and the background will look altered. i Erasure Protection Erase any of the signatures and the background will look altered. t I I III{ !VR` The following security features exceed state mandates. J i A~ v The following security features exceed state mandates. L'1 Security Features Document Appearance if Altered ; L'J Security Features Document Appearance if Altered i Hidden Pantograph The word"COPY"appears when copied. ! I Hidden Pantograph The word"COPY"appears when copied. f Coin Reactive Ink Ink changes color when nabbed with a coin. ! i Coin Reactive Ink Ink changes color when rubbed with a coin. } Artificial Watermark •Special paper containing"watermarking". � � Artificial Watermark •Special paper containing"watermarking". ! Uniform Background If someone tries to erase or copy,the consistent background I Uniform Background If someone tries to emse or copy,the consistent background Color:OFF WHITE color will look altered and will show the color of the ! Color:OFF WHITE color will look altered and will show the color of the underlying paper. I underlying paper. j jMicroprinting •Frame around features list box is composed of type Microprinting •Frame around features list box is composed of type "SECURITYGUARDPLUSMICROPRINTINGFEATURE" t "SECURITYGUARDPLUSMICROPRINTINGFEATURE" and can be viewed with a magnifier. i y and can be viewed with a magnifier. I Features List Complete list of security features on the paper for compliance j I Features List Complete list of security features on the paper for compliance j j purposes. I purposes. Emsure Protection •Erase any of the signatures and the background will look altered. ! i Ensure Protection Erase any of the signatures and the background will look altered. i � I STATE OF WASHINGTON - COUNTY ROAD ADMINISTRATION BOARD RURAL ARTERIAL PROGRAM PROJECT AGREEMENT FOR CONSTRUCTION PROPOSAL AMENDMENT NO. 1 Submitting County: Mason Project Number: 2319-02 Date Approved: 04/25/2019 Road Number(s) Road Name(s) BMP(s) EMP(s) Segment# 98250 Old Belfair Hwy 1.200 1.600 1 This is Amendment No. 1 to the above described Project Agreement, between the County of Mason, hereinafter the"County" and the State of Washington County Road Administration Board, hereinafter the "CRABoard." WHEREAS,the COUNTY and CRABoard desire to amend the original Project Agreement to allow an increase to authorized RATA funds underlie conditions described in WAC 136-161-070. NOW, THEREFORE, pursuant to chapter 36.79 RCW and in consideration of the terms, conditions, covenants, and performance contained herein, or attached and incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: 1. The following new language is added as section 15 to the Project Agreement: Authorized RATA funding is increased to $1,188,000 per CRABoard approval dated April 29, 2021. 2. All other terms and conditions of the original Project Agreement shall remain in full force and effect except as modified by this Amendment No. 1. IN WITNESS WHEREOF, the PARTIES hereto have executed this AMENDMENT No. 1 as of the PARTY's date last signed below. COUNTY ROAD ADMINISTRATION BOARD: Mason COUNTY: By: By: Date: Date: Page 1 of 1 AMENDMENT NO. 1 The following security features exceed state mandates. The following security features exceed state mandates. 8 Security Features Document Appearance if Altered LJ Security Features Document Appearance if Altered j j Hidden Pantograph The word"COPY"appears when copied. j Hidden Pantograph The word"COPY"appears when copied. i Coin Reactive Ink •Ink changes color when robbed with a coin. Coin Reactive Ink •Ink changes color when rubbed with a coin. I Artificial Watermark Special paper containing"watermarking". i Artificial Watermark Special paper containing"watermarking'. Uniform Background If someone tries to erase or copy,the consistent background j Uniform Background If someone tries to erase or copy,the consistent background Color:OFF WHITE color will look altered and will show the color of the Color:OFF WHITE color will look altered and will show the color of the underlying paper. underlying paper. Microprinting Frame around features list box is composed of type Microprinting Frame around features list box is composed of type j "SECURITYGUARDPLUSMICROPRINTINGFEATURE" "SECURITYGUARDPLUSMICROPRINTINGFEATURE" and can be viewed with a magnifier. and can be viewed with a magnifier. Features List Complete list of security features on the paper for compliance Features List Complete list of security features on the paper for compliance i j purposes. i purposes. i Erasure Protection Erase any of the signatures and the background will look altered. i Erasure Protection Erase any of the signatures and the background will look altered. I � I i ! AThe following security features exceed state mandates. ! i The following security features exceed state mandates. L'J Security Features Document Appearance if Altered L'1 Security Features Document Appearance if Altered j Hidden Pantograph The word"COPY"appears when copied. i j Hidden Pantograph The word"COPY"appears when copied. i Coin Reactive Ink Ink changes color when mbbed with a coin. i i Coin Reactive Ink Ink changes color when robbed with a coin. I t Artificial Watermark Special paper containing"watermarking". ! Artificial Watermark Special paper containing"watermarking". j Uniform Background If someone tries to erase or copy,the consistent background ! ! Uniform Background If someone tries to erase or copy.the consistent background Color:OFF WHITE color will look altered and will show the color of the Color:OFF WHITE color will look altered and will show the color of the j underlying paper. I underlying paper. j Microprinting Frame around features list box is composed of type Microprining Frame around features list box is composed IN type i i "SECURITYGUARDPLUSMICROPRINTINGFEATURE" ��. i "SECURITYGUARDPLUSMICROPRINTINGFEATURE" and can be viewed with a magnifier. I and can be viewed with a magnifier. i Features List •Complete list of security features on the paper for compliance j ! Features List •Complete list of security features on the paper for compliance j purposes. j purposes. I Erasure Protection Erase any of the signatures and the background will look altered. i Erasure Protection Erase any of the signatures and the background will look altered. CRP 2020- OLD BELFAIR HWY I Old Belfair Hwy MP 1.2-1.6 � ♦ r EMP 1.6 �� % a ` w J n? r m w L } BMP 1.27 . ♦ r' , W �; Z 1 xl NE NEWKIRK RD Sources: Esri, USGS,NOAA Of i. <.r .g a6u c• �r�v t t �Re. •n rti on 1 fE ti i .r:+cvi cn. �.Jor. A r � r valkj �` r` — - �. 5.'i�7. � � Syr•*fin � 1r .,pptnf�� � bu. rk Had.nr I. a� N p H t K +i i t c strSources:Esri, HER W�E .•. J Japan„METI,Esri C 0 1.25 2.5 5 7.5 10 s' OpenStreetMap con Miles s Garmin,USGS, NP MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Mike Collins P.E, PLS, County Engineer Action DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: June 8, 2021 A enda Item # . 11 BRIEFING DATE: May 24 2021 BRIEFING PRESENTED BY: Mike Collins [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Private Line Occupancy Permit BACKGROUND: Carlen Rorke and Einar Larson have applied for a Private Line Occupancy Permit to install a new underground power and waterline under North Shore Road. These lines are to install a new well across the street from their property, located at 16891 NE North Shore Road (parcel number 32220-50-03002). An application fee of $200 has been paid to process the proposed Private Line Occupancy Permit. RECOMMENDED ACTION: Recommend the Board approve the Private Line Occupancy Permit granting permission to run the utility lines under and across NE North Shore Road for address 16891, parcel number 32220-50-03022. ATTACHMENT: 1. PLO (Page A-4, Area Map) IN THE MATTER OF THE APPLICATION OF Einar Larson and Carlyn Rorke FOR A PRIVATE LINE UTILITY OCCUPANCY PERMIT TO CONSTRUCT, OPERATE,AND MAINTAIN WaterIine and electrieal.line. ALONG AND UNDER. NE North Shore Road, A COUNTY MAINTAINED ROAD LOCATED IN MASON COUNTY,WASHINGTON Application of Einar Larson and Carlyn Rorke with principal residence located at 5725 9th Drive West Everett, WA 982031 by and through Einar Larson and Carlyn Rorke, 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"A", having come before the County Commissioners of.Mason County, Washington during a regularly scheduled public meeting,on the day of ;20_, 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 envy of this order for the purposes; at the location(s), and upon the express terms and conditions as described herein,and terminating as provided herein: .1 DEFINITIONS For the purposes of this private line utility,occupancy permit,terms, phrases,.words, and their derivations not defined herein that are defined in Title 12 of the Mason County Code or the Manual on Accommodating Utilities in the Mason County Right-of-Way published by the County*Engineer(the"Manuar%.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. IT. 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):Power and waterline service.along and under North Shore Road to serve parcel number: 32220-50-03022. 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 utilityfacilities 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 1.2 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 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,thePermittee 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 Peamittee'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 exlu'bit depicting the existing or proposed location of the utility facility in relation to the road, 3 including right--of way or easement lines; relationship to: currently planned road revisions, if applicable; and all locations and situations for which deviations in depth of cover (including the proposed method of protection)or other locational standards.,that are anticipated; C. All Work subject to this Permit shall be done in such a manner as not to interfere, other than in ways approved by the County,:with the construction, operation and maintenance of other utilities,public or private,drains,drainage ditches and structures,irrigation ditches and structures,located therein;nor with the grading or improvements of such County roads,rights- of-way or other County property; D. The owners and operators of all utility facilities(public or private) installed.in the Permit Area or other county property prior in time to the utility facilities of the Permittee, shall have preference as to the alignment and location of such utilities so installed with respect to the Permittee.Such preference shall continue in the event of the necessity of relocating or changing the grade of any such county road or right-of=way; E. Permittee shall perform the Work and operate its utility facilities in a manner that minimises 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 Penniittee'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-.waythrough 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 Termit and applicable law;including to ensure that the:private line utility facilities are constructed and maintained in a safe condition.If at. unsafe condition is found to exist,the.County,;in addition to taking any other action.permitted under applicable law, may order the Pex-mittee, 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 113AT 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 belo.w,Permittee and its agents may not enter upon,the permit area to perform work for which a utility permit is requited,.nless.and except upon two-business days.notice to the County Engineer. L. In the event of an emergency involving the threat of imminent hann to persons or property,.and for purposes of taking immediate.corrective action,Permittee and its agents may enter the Pennit.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. 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 Perniittee 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 arisebyreason 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,comp lywth 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; Toad 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 p%'ea and project schedules to avoid delay, hindrance of or interference with the.Public Work.. The County shall make available to the Permittee a copy of the Six Year Transportation Program and the County's annual construction program-after adoption each year. It is anticipated these programs will aid the Permittee in planning construction programs. B. Permittee has a.duty to protect its utility facilities from work performed by the County within the road rights-of-way. The rights granted to the Permittee herein do not preclude the County, its: employees; contractors,, subcontractors, and agents'. from blasting, grading, excavating, or doing other necessary road work contiguous to Permittee's utility facilities; providing that, the Permittee shall be given a miniznum 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 art 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 Permiittee.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 P+ernittee'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 Permitted's utility facilities°were not properly installed, the reasonable:cost of the same shall be born.e by the Person requesting the protection,support, temporary disconnection;:rernoval,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 z 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 part of 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 Permttee 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 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:bome 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-WASH If at anytime the County shall vacate'any Countyroad or right,-of-way or.other County-Property which is subject to rights granted by this Pertriit 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,andby giving thirty(30)days written notice to the Permittee, terminate this Permit with reference to such county road right-of-way or other County property so vacated,and the County of Mason shall not be liable for any damages or loss to the Permittee by reason of such termination. It has been the practice of Mason County to reserve easements for utilities at the time ofroad vacation,and will continue to be the practice until such time the Board-of Mason,County Commissioners direct a change of practice. 8 XI. FINANCIAL SECURITY A. Insurance It is intended that the following insurance requirements shall apply to the person performing the Work in the road right-of-way. Permittee and Permittee's contractors shall not perform or cause to be performed any Work,unless and until Permittee(to the extent Perniittee performs any of the Work n 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 ituty, 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-nori:owmed.velucles 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 m 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 y 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 vwho_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 properly, 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 of designee. Permittee or PermittWs Contractors' insurers,through policy endorsement, shall waive their rights of subrogation against the County for all claims and:suits. The certificate of insurance must reflect this waiver of subrogation rights endorsement. 10 B. Contractor Bond. All contractors performing Work on behalf of Permittee shall be licensed and bonded. _ C. Limitation of Liability. to the fullest extent permitted.by law,peen ittee 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"liabilitieel 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; C,_. 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 udder the control of the operator; or 8, any act or omission of permittee or permittee's agents;or 9.. any aat 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 indemntees does not apply are liabilities, to the extent proximately caused by the sole negligence or intentional misconduct of an indemnitee or for liabilities than 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. X11. 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 Countyroads,rights-of-way or other County propertysubject 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 as 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 thereafterr 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 Pezniittee of any further obligations under the Permits including any obligations not fulfilled by Permittee's assignee; 12 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 of establishing with the county the insurance certificates, security fiend and performance bond as may be required pursuant to this Permit. X'V. 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 XVL TERM TERMINA.TION/REMEDIEES A. Term. This Permit shall.commence upon.acceptance by the Permi.ttee as provided a# Section XVM ,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 ftanehi.se agreement: Permittee understands and agrees that,unlike a fianchise,this Permit may be terminated by the County with or without cause. This.means that the County 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 Countymust give not lessthanninety(90)days written notice do 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 assignor emt of the Permit, (3) conveyance of the.real property or any part thereof benefited by the installation and operation of the utility.facilities without prior written notice to the County and mutual acceptance of an. assignment of the Permit,.or(4)use of the utility facilities for the benefit of persons other than the,owner/operator 13 in a.manner that no longer constitutes a de-mui M- is 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 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.combinattou;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. Penn ittee 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 anal: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. 14 Remedies are 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 aelmowledges that it has relied upon its own investigation of all relevant facts,;that.it has had the assistance of counselor 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 giant 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"A7,shall be filed for record with the Office ofthe-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 mi 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-alias 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 Perin! XX. MISCELLANEOUS PRUVISION5 A. Controlling Law/Venue.. Any disputes cogncerning 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 Promptlypay and discharge any and all liens arising out of any Work. done,suffered or permitted to be done by Permittee on:any Permifiarea. C. Waiver. No waiver by either party of any provision of this Permit shall in anyway 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 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. Severabiiity. 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. ff. 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(30)days' advance written notice of such change in.address.. Permittee Einar Larson&Carlyu Rorke 5725 9a`Drive W Everett;WA 98203 Attn:Einar Larson Grantor: Masan County Public Works 100 W Public.Works Drive Shelton,WA 98584 16 L Approvals. Nothing in this Permit shall be deemed to impose any duty or obligation upon the County to determine the adequacy or sufficiency of PermitteeIs 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. eatity. County ,is under no obligation or duty to supervise the design, ` ignment,maintenance,repair,or operation construction,installation,�relocahonx:adjustment,reap of the utility facilities: L Force Maaeure. 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 mirrimize any and all resulting loss or damage. K. Construction. All pronouns and any variations thereof shall be deemed to refer to. the masculine,feeminine or.neuter,singular or plural,as the identity of the.Party or Parties:may require. The provisions ofthis 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 ty:reference as thoughtfully 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 than 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'Washingtom 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 Workperformed 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 ofTerms. 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 performancelpayment bond pursuant to. Section XI and Penmittee'.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 assiIgament 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 APPROVED: BOARD OFCOMMISSIONBRS MASON COUNTY,WASHINGTON Ao ty Engineer Chain Approved as to form: Vice Chair Chief D.P.A.: - Commissioner 19 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"A" MEMORANDUM OF PERMIT Title: Einar Larson and Carlyn Rorke Private Line Occupancy Permit Grantor; COUNTY OF MASON,a legal subdivision of the state:of Washington Grantee: Einar Larson and Carlyn Rorke Description of Franchise Area:SEE EXHIBIT A-4 Parcel Number- 3220-50-013022 Legal Description: Great Bend Waterfront Tracts PCL 1 BLA##02-57&Wk 3 TR 19 A-1 ACCEPTANCE OF PERMIT Private Line Utility Occupancy Permit effective W A"WIRk <RR501V dA,e[.)"d ridkk E I/VWe, m of A amour the (� parcel(s) _ . •`t•�s?O Z,5--cgd40/ and Uwe am/are the erator ann4 or r resentatiue i�lt�R t�RS� /�A�i'�yDI�JI�` authorized to)accept.Permit.on behalf of we certify that this Permit and all termsz and conditions thereof are.accepted by gww / ' without qualification or reseruation.and guarantee performance hereunder. I/«e certify that,to the best of my/our knowledge,the assessor's talc 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 exhibit. DATED this_V_day of ,2021. PEPMITTEE($) Za By .f Title: STATE OF W4:tfi 1ti6:t, j ss: COUNTY,OF'-��DIh'���t';lA_ j T certify that Tknow or have satisfactory evidence thatC'i t:k' LP '=i+t� �f' f.k:��*fi�s� t' g 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 A&(-:Cr of the. - f`. to be the.free and'voluntary ,� � , ��; � {- +Y+ i t'" act of such partyfor:theuses and purposes mentioned in the instrument: Date('�1� +rill G AR aT o -A o N = Print Name r UBC1G ti,. 2 M.y commission expires 1 t :�' :f? .. �o\ �,111T11,AS1A% MEMORANDUM OF PRIVATE LINE UTILITY OCCUPANCY PERMIT A-2 MEMORANDUM OF PRNATE LINE UTILITY OCCUPANCY PERMIT THIS ME MORANDUM:OF PERMIT is dated as of the_clay of ,20 between the County of Mason,a legal subdivision:of the state of Washington("County").and (Permittee), 1. Property. County:has, pursuant to Private Line`Ufility Occupancy Permit granted to Permittee,the right, revocable at the will of the County,:to use and occupy certain road rights-of--way for the construction,installation,adjustment,maintenance,removal,repair, relocation,and operation of Permittee's utility,facilities for the benefit of the herein described Property, upon the terms and conditions of that certain permit agreement between the parties accepted the. day of 2.2020(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, Washiington,legally described in Exhibit A attached hereto (herein called the"Property"). The road right-of-way permit area("Permit Area")is also described in attached. Exhibit A. 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 Pemut. 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 g day of 20 ; CO OF MASON C ngineer Approved as to forth: Chief D.P.A. A-3 FORM OF MEMORANDUM OF PERMIT Permit Area Map t N New Well 322207590191 m a� t— CD a Rp r— CL- NN0�hshofe (D ---------------- 1 801 NE NORTH H ARE 1 821 NE NORTH HORE • UORTH 05003022 T1891NED � • 016851 NE NORTH SHO E RD Einar Larson & Carlyn Rorke PLO A-4 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Mike Collins P.E PLS County Engineer Action DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: June 8, 2021 Agenda Item BRIEFING DATE: May 24 2021 BRIEFING PRESENTED BY: Mike Collins [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Private Line Occupancy Permit BACKGROUND: Silask (Si) Smith has applied for a Private Line Occupancy Permit for an existing underground waterline from an old nine (9) party cistern on the other side of North Shore Road. The homeowner's property is located at 16161 NE North Shore Road (parcel number 32220-50-01007). The permit will only cover the existing waterline that runs under the North Shore Road (see attached map). An application fee of $200 has been paid to process the proposed Private Line Occupancy Permit. RECOMMENDED ACTION: Recommend the Board approve the Private Line Occupancy Permit granting permission for the existing waterline running under and across NE North Shore Road for address 16161, parcel number 32224-50-01007. ATTACHMENT: 1. PLO (Page A-4, Area Map) IN THE MATTER OF THE APPLICATION OF. Silas K.Smith FOR A PRIVATE LINE UTILITY OCCUPANCY PERMIT TO CONSTRUCT,OPERATE, AND MAINTAIN Waterline ALONG AND UNDER North Shore Road. A COUNTY MAINTAINED ROAD LOCATED IN MASON COUNTY,WASHINGTON Application of Silas K.Smith with principal residence located at 16161 NE North Shore Road TahuYa,WA 98588,by and through Silas K.Smith,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 "A", having come before the County Commissioners of Mason County,,Washington during;a regularly scheduled public y :meeting, on the 8 da of June, 2021 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 hate 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 Courity Code or the Manual. Words not defined here,in Title 12 of the Mason County Code or the '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. III. GRANT The County of Mason(hereafter the"County")hereby grants to the Pennittee 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 A=.for'the purpose:of maintaining,repairing,replacing,which grant shall be limited to:the following described purpose(s):Existing waterline service along and under North Shore Road to serve parcel number:3220-50.01007. 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, rig hts=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, back¢ill, 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 pre=ve 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 ar other county property in the event that the road right of way will be disturbed by the Work;and 2 G Provision for.ease-of fixture 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 Perraittee 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 Permime's utility facilities and Work within the road rights-of-way or other County property shall be performed in compliance with#fie 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 lights-of-way.,and all applicable laws,riles;regulations and ordinances; B. In preparing plans and specifications for the Work the Permittee shall use the Manual. Prior to commencement of any Work, Permitted 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, 3 including right=of=way or easement lines;relationship to currently planned road revisions, if applicable; and all.locations.and situations for which deviations in depth of cover(including the proposed method of protection)or other locational standards that are anticipated; C. All.Work subject to this.Permit shall be done in.,such a manner as not to interfere, other than in ways approved by the County,with the construction, operation and maintenance of other utilities,public or private,drains,drainage ditches and structures,irrigation ditches and n structures,located.there ,nor with the grading or improvements of such County roads,tights- 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 Permitted,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 ofthe 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 Permitted'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 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 four all. the costs associated with removal; and may require Pernnittee 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 Permitted 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 mustbe 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 byPerlmtee,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. Exeept 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,Pemuttee 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,Pernjittee shall give.the County verbal or telephonic notice of thee places where and the manner in which entry is required prior . 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- 5 of-way. N.. If,during any Work,Permittee or its agents discover.scientific or historic artifacts, Permittee or its.agents.shall immediately notify the County of said.discovery and shall protect such artifacts in a manner as.specified by the.County. Any such artifact shall be the property of the County if the County wishes to own it VI. PROTECTION OF PUBLIC All Work done under this Permit shall be done in a thorough and workman-like manner. Inthe 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 Tight-of-way construction, road right-of-way repair (including resurfacing or widening); change of"road right-of way..grade; construction, signal'installation, or repair of County-owned sewers,,drains,water pipes,.power lines, gn lines, tracks, communications system, other public work, public facility, or improvement of any. government-owned utility; road right=of way vacation; or for any other purpose where the. County work involved would be aided by the removal or relocation of the utility facilities. Collectively,such matters are referred to below as the "public work." 6 Permittee acknowledges and understands that any delay by Permittee in performing the above described work may delay,hinder,;or interfere with.the work performed by the County and.its contractors and subcontractors done in furtherance of such Public Work and result in.damage to.the County, including but not limited to, delay claims. Permittee shall cooperate with the County and its contractors and subcontractors to coordinate such Permittee work to accommodate the Public Work project and project schedules to avoid.delay,hindrance of or interference with the Public Work. The County shall make available to the Permittee a copy of the Six Year Transportation Program and the. County's annual construction program after adoption each. year. It is anticipated these programs will aid the Permittee in planning construction programs. B. Permittee has a duty to protect its utility facilities: from work performed by the County within the road.rights-of-way. The rights granted to the Permittee herein do not preclude the County', its. employees, contractors; subcontractors, and agents from blasting, grading, excavating, or doing other necessary road work contiguous to Permittee's utility facilities; providing that, the:Permittee shall be .given a minimum of forty-eight (48) hours notice of said blasting or other work in order that the Permittee may protect its utility facilities. C. In the event of an emergency,or where the utility facility:creates or is contributing to an imminent danger to health, safety, or property, the County may protect, support, temporarily disconnect,remove;or relocate any or all parts of the utility facility without prior notice, and charge the Permittee for costs incurred. .D.. If any Person that is authorized to place facilities in the road right of way requests the Permittee to protect, support,temporarily disconnect,remove;.or relocate the Permittee's utility facilities to accommodate the construction,operation,or repair of the facilities of such other person,the Permittee shall,after 30 days'advance written notice,take action to.effect the necessary changes requested; provided that, if such project is related to or competes with Permittee's service,or if the effect of such,changes would be to.permanently deprive Permittee` of the beneficial enjoyment of this Permit for its intended purposes through interference with the operation.of Permittee's utility facilities or otherwise, Permittee shall not be required to relocate its utility facilities. Unless the matter is governed by a. valid contract or a state or federal law or regulation,or,unless the Permittee'.s utility facilities were not properly installed, the reasonable cost of the same shall be borne by the Person requesting the protection,support, temporary disconnection,removal,or relocation at no charge to the County,.even if the County makes the request.for such action. E. The Permittee shall, on the.request of any person holding-a valid permit issued by a governmental authority,temporarily raise or lower its wires to permit the moving of buildings or other objects. The expense of such temporary removal or,raising or lowering of wires shall be paid by the person requesting the same. .7 The County of'Mason will accept liability for direct and actual damages to said Permittee that Am 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 part_of 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 Perznittee 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 andmarkers. 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 lights 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 pioprietary 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-wa 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 terinination. 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 Pennittee'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.m* 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 insIurrance 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 Iosses 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 acid Personal Iniilr5'&Property Damage $::1,000,000 per Occurrence $2,000,000 aggregate 2 WORKERS'COMPENSATION insurance shall bemaintained 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. COMPREEBENSIVE AUTO LIABILITY insurance shall include own 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 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 Couinty'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 beem 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 10 must reflect this waiver of subrogation rights endorsement. B. Contractor Bond. All contractors performing Work on behalf of permittee:shall be licensed and bonded- C. Limitation of Liability. to the fullest extent permitted bylaw,permittee shall,and shall cause its contractor(s) only as to subsection(9)below,to release,indemnify,defend and Bold harmless the county and the county's legal representatives,off cers(elected.or appointed);, employees and agents(collectively, "indetnnitees,,)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 troxm,or related to(in whole or in.part): 1. this.permit; 2. any rights or interests:granted pursuant to this permit 3. permiitfee's;occupation_and use of the road right of way; 4. pernuttee'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.' s performed under authority of the operator's utility permit or at the direction or under the control of the operator;or g. any aetor omission ofpermittee.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 perm.ittee'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 detern ihied if determined adversely to mason countys upon the permittee's failure to satisfy said judgment within the ninety(.0)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 Perniittee at the time of completion shall not be grounds for avoidance of this covenant: XH. PERMIT NONEXCLUSIVE This Permit.shall not be deemed to be an exclusive Permit. It shall in no manner prohibit the C..ounty of Mason from granting rights to other utilities under,along,.across,over and upon any of the County roads,rights-of-way or other Countyproperty 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. X1H. 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 Permttee,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. )UV. 'TRANSFER/ASSIGNMBNT 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.al obligations ofPermittee 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 12 obligations of its predecessor. Such an assignment shall relieve the Permittee of any further obligations.under the Permit, including any obligations not fulfilled by Permittee's assignee provided that, the assignment shall not 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 townJimits;but this Permit shall continue in force and effect to all county road rights-of-way ar other county property not so included in city or town.limits. XVL TERM/TERMINATION/REMEDIES A. Term. This Permit:shall commence upon acceptance;by the Permittee as-provi ed at Section XVIII herein and continue in.. PERPETUITY until. terminated or otherwise superseded by a subsequent franchise, private line utility occupancy.permit,master roa&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 terra.provided for herein.is unlawful, this Permit shall be deemed to have u term.. the maximum period:allowed by law;and if no such maximum peno Js 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 Countywith or without cause. This means that 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. 13 without prior written inotice to the County and mutual acceptance of an assignment:of the Permit,or(4)use of the utility facilities for the benefit of persons other than the owner/operator. in a manner that no longer 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 t.o 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 additionto theright 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 oI 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 with outJn 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 .n 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 14 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 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.. XVIH. 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 forherein 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"Memorandiun of Permit"in substantially the form attached hereto as Exhibit"A",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: M1SCELLANEOU$ PROVISIONS A. Controlling Law/Venue. Any disputes conCemmi g the application or interpretation of any of the provisions of thus 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 inequity is necessary-to,enforce or interpret the terms of this Permit, the substantially prevailing Party or Parties shall be entitled to reasonable.attorneys.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 .n full force and effect. In lieu of ariy'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 Perm ttee'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... R Notices. Any notice contemplated, required, or permitted to be given under this Permitshall 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.anal at the address specified.below,except as such Party and address may be changed by providing no less than thirty(30)days'advance written notice of such change in address. Permittee: Silas'K. Smith 16161 NE North Shore Road. Tahuya;WA-98588 Attn:Si Smith Grantor: Mason County.Public Works 104 W Public Works Drive Shelton,WA 98584 16 1. 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,-ad justment,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 vicar, act of terrorism or an act of God,provided that such Patty 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 Ito 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 Permif supersedes any and all other agreements of the Parties hereto with respect to all such matters,including;without;limitation, all agreements evidencing the Permit. Q. No Recourse. Without limiting such immunities as the.County or other persons may have under applicable law, Permitte,e 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 m 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; Pernuttee'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 12MCC,the Manual,and other applicable laws governing the work performed by them and.fiirther,for ensuring that such contractors and subcontractors mai taro insurance as required herein. R. Suri vival.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 reinain 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 M and Permittee's obligation to relocate its utility facilities pursuant to Section VMII shall continue in effect as to the Permxttee;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 ,20 APPROVE BOARD OPCOMMISSI.ONERS MASON COUNTY,WASHINGTON i Cou ty Engin r Chair Approved as to form: Vice Chair Chief D.F.A. Commissioner 19 RECORDED AT THE REQUEST OF AND AFTER RECORDING�RETt7RN TO: County of Mason 100 West.Public Works Drive Shelton WA 98584 Attn: County Engineer EXHIBIT"V' MEMORANDUM OF PERMIT Title: Silas K. Smith Private Line Occupancy Permit Grantor: COUNTY OF MASON,a legal subdivision of the state of Was baton Grantee: Silas K.Smith Description of Franchise Area: SEE-EXHIBIT A-4 Parcel.M.unber: 3220-50-01007 Legal Description: Great Bend Waterfront Tracts Blk.1 TR 7 A-1 ACCEPTANCE OF PERMIT Private Line Utility Occupancy Permit effective .20 I/We /our the me , ` of parcel(s) and Uwe are the(Operator and)or(representative authorized to)accept Permit on behalf of- Uwe certify that this Permit and all terms and conditions thereof are accepted by � cSifi without: qualification or reservation and guarantee performance hereunder. I/We certify that,to the best of my/our 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.exhibit: DATED this day of 20A .. PERMTTTE By: r Title. otu�4+� STATE OF . (k) ) ss. COUNTY OF: M&= t I certify that I know or have satisfactory evidence that 6aas k �fauj 5CYi& isthe person who appeared before me,and said person acknowledged that he/she siVned this instrument,on.oath stated that he/she was authorized to execute the: instrument and acknowledged it as the of the \ &7U 6 _ to be the free and voluntary act of such party for the uses and purpos eiltioned in the instrument. DatedOW A MARY A PEMBONE Notary\PublAcA `& CI``t Notary Public print Name m�c u A. m ei State of Washington Cominisslan N 20t3$1) My commission expires iSLLI r� My Comm.Expircz Jul 23,2022 13 A-2 MEMORANDUM OF PRIVATE LINE UTII:TTY OCCUPANCY PERMIT _ THIS MEMORANDUM OF PERMIT is dated as of the_dayof ,20 between the County of Mason,a legal subdivision of the state of Washington("County")and (Permittee"). 1. PropgM. County has,. pursuant to Private Line Utility Occupancy Permit granted to Permittee; the right,revocable at the.will of the County,to use and occupy certain road rights-of-way for the construction,installation,adjustment,maintenance,.removal,repair, relocation and operation of Permittee's utility facilities.for the benefit of the herein described Property, upon the terms and conditions of that certain permit agreement between the parties accepted the day of ,2020(the"Perinif),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 A attached hereto (herein called the"Property"). The road right-of-way peiniit.area(`.`Permit Area_!):is also described in.attached Exhibit A. 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 or the road right of- way- DATED this day of 320. CO.":OF MASON ringine e Approved as to form: ChiefD.P.A_ A-3 FORM OF MEMORANDUM OF PERMIT Pen-nit Area Map n H Cistern 322205001901 Water Line 16161 NE NO RTH SH R � f�hOre Ro 32 205001 7 Si . Smith PLO A-4 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Mike Collins P.E. PLS County Engineer Action DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: June 8 2021 A enda Item # . BRIEFING DATE: May 24, 2021 BRIEFING PRESENTED BY: Mike Collins [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Private Line Occupancy Permit BACKGROUND: Greg Morgan has applied for a Private Line Occupancy Permit to install a new underground waterline from a existing two party well. The new waterline will run between NE North Shore Rd. at address 5530 Parcel 22210-12-00090 and 91 Landon rd. parcel number 22210-12-0080 (see attached map). An application fee of $200 has been paid to process the proposed Private Line Occupancy Permit. RECOMMENDED ACTION: Recommend the Board approve the Private Line Occupancy Permit granting permission to run a new waterline under and across NE North Shore Road for address 5530, and parcel number 22210-12-00080 on Landon Rd. ATTACHMENT: 1. PLO (Page A-4, Area Map) IN THE MATTER OF THE APPLICATION OF Grea Morgan FOR A PRIVATE LINE UTILITY OCCUPANCY PERMIT TO CONSTRUCT, OPERATE, AND MAINTAIN Waterline ALONG AND UNDER North Shore Road and Landon Road A COUNTY MAINTAINED ROAD LOCATED IN MASON COUNTY, WASHINGTON Application of Greg Morgan with principal residence located at 5530 NE North Shore Road Belfair,,WA 98528,by and through GreZ Morgan, 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 "A", having come before the County Commissioners of Mason County, Washington during a regularly scheduled public meeting, on the day of , 20_, 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): Provide water(2 party well) between tax parcels 2210-12- 00090 and 22210-12-00080. 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 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 Pernuttee'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, 3 including right-of-way or easement lines; relationship to currently planned road revisions, if applicable; and all locations and situations for which deviations in depth of cover (including the proposed method of protection) or other locational standards that are anticipated; C. All Work subject to this Permit shall be done in such a manner as not to interfere, other than in ways approved by the County, with the construction, operation and maintenance of other utilities,public or private,drains,drainage ditches and structures,irrigation ditches and structures,located therein,nor with the grading or improvements of such County roads, rights- of-way or other County property; D. The owners and operators of all utility facilities (public or private) installed in the Permit Area or other county property prior in time to the utility facilities of the Permittee, shall have preference as to the alignment and location of such utilities so installed with respect to the Permittee. Such preference shall continue in the event of the necessity of relocating or changing the grade of any such county road or right-of-way; E. Permittee shall perform the Work and operate its utility facilities in a manner that minimizes interference with the use of the road rights-of-way by others, including others that may be installing utility facilities; and F. The County may require that Permittee's utility facilities be installed at a particular time, at a specific place, or in a particular manner as a condition of access to a particular road or road right-of-way;may deny access if a Permittee is not willing to comply with the County's requirements; and may remove, or require removal of, any utility facility that is not installed in compliance with the requirements established by the County,or which is installed without prior County approval of the time, place, or manner of installation and charge the Permittee for all the costs associated with removal; and may require Permittee to cooperate with others to minimize adverse impacts on the road and road rights-of-way through joint trenching and other arrangements. G. The County may inspect the utility facilities at any time reasonable under the circumstances to ensure compliance with this Permit and applicable law, including to ensure that the private line utility facilities are constructed and maintained in a safe condition. If an unsafe condition is found to exist, the County, in addition to taking any other action permitted under applicable law, may order the Permittee, in writing, to make the necessary repairs and alterations specified therein forthwith to correct the unsafe condition on a 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- 5 of-way. N. If, during any Work, Permittee or its agents discover scientific or historic artifacts, Permittee or its agents shall immediately notify the County of said discovery and shall protect such artifacts in a manner as specified by the County. Any such artifact shall be the property of the County if the County wishes to own it. VI. PROTECTION OF PUBLIC All Work done under this Permit shall be done in a thorough and workman-like manner. In the performance of any Work, including without limitation, the opening of trenches and the tunneling under county roads, right-of way or other county property, the Permittee shall leave such trenches, ditches and tunnels in such a way as to interfere as little as possible with public travel and shall take all due and necessary precautions to guard the same, so that damage or injury shall not occur or arise by reason of such Work; and where any of such trenches, ditches and tunnels are left open at night,the Permittee shall place warning lights, barricades and other appropriate protective devices at such a position as to give adequate warning of such Work. The Permittee shall be liable for any injury to person or persons or damage to property sustained arising out of its carelessness or neglect, or through any failure or neglect to properly guard or give warning of any trenches, ditches or tunnels dug or maintained by the Permittee. VII. POLICE POWERS The County,in granting this Permit,does not waive any rights which it now has or may hereafter acquire with respect to county roads, rights-of-way or other county property and this Permit shall not be construed to deprive the county of any powers, rights or privileges which it now has or may hereafter acquire to regulate the use of and to control the county roads,right-of-way and other county property covered by this Permit. The County retains the right to administer and regulate activities of the Permittee up to the fullest extent of the law. The failure to reserve a particular right to regulate, or reference a particular regulation, shall not be interpreted by negative implication or otherwise to prevent the application of a regulation to the Permittee. VIII. RELOCATION Permittee shall, in the course of any Work, comply with the following requirements: A. The Permittee shall,by a time specified by the County,protect,support,temporarily disconnect, relocate, or remove any of its utility facilities when required by the County by reason of traffic conditions; public safety; road right-of-way construction; road right-of-way repair (including resurfacing or widening); change of road right-of-way grade; construction, installation, or repair of County-owned sewers, drains, water pipes, power lines, signal lines, tracks, communications system, other public work, public facility, or improvement of any government-owned utility; road right-of-way vacation; or for any other purpose where the County work involved would be aided by the removal or relocation of the utility facilities. Collectively, such matters are referred to below as the "public work." 6 Permittee acknowledges and understands that any delay by Permittee in performing the above described work may delay, hinder, or interfere with the work performed by the County and its contractors and subcontractors done in furtherance of such Public Work and result in damage to the County, including but not limited to, delay claims. Permittee shall cooperate with the County and its contractors and subcontractors to coordinate such Permittee work to accommodate the Public Work project and project schedules to avoid delay, hindrance of, or interference with the Public Work. The County shall make available to the Permittee a copy of the Six Year Transportation Program and the County's annual construction program after adoption each year. It is anticipated these programs will aid the Permittee in planning construction programs. B. Permittee has a duty to protect its utility facilities from work performed by the County within the road rights-of-way. The rights granted to the Permittee herein do not preclude the County, its employees, contractors, subcontractors, and agents from blasting, grading, excavating, or doing other necessary road work contiguous to Permittee's utility facilities; providing that, the Permittee shall be given a minimum of forty-eight (48) hours notice of said blasting or other work in order that the Permittee may protect its utility facilities. C. In the event of an emergency, or where the utility facility creates or is contributing to an imminent danger to health, safety, or property, the County may protect, support, temporarily disconnect, remove, or relocate any or all parts of the utility facility without prior notice, and charge the Permittee for costs incurred. D. If any Person that is authorized to place facilities in the road right of way requests the Permittee to protect, support, temporarily disconnect, remove, or relocate the Permittee's utility facilities to accommodate the construction, operation, or repair of the facilities of such other person,the Permittee shall, after 30 days' advance written notice,take action to effect the necessary changes requested; provided that, if such project is related to or competes with Permittee's service, or if the effect of such changes would be to permanently deprive Permittee of the beneficial enjoyment of this Permit for its intended purposes through interference with the operation of Permittee's utility facilities or otherwise, Permittee shall not be required to relocate its utility facilities. Unless the matter is governed by a valid contract or a state or federal law or regulation, or unless the Permittee's utility facilities were not properly installed, the reasonable cost of the same shall be borne by the Person requesting the protection, support, temporary disconnection,removal, or relocation at no charge to the County, even if the County makes the request for such action. E. The Permittee shall, on the request of any person holding a valid permit issued by a governmental authority,temporarily raise or lower its wires to permit the moving of buildings or other objects. The expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting the same. 7 The County of Mason will accept liability for direct and actual damages to said Permittee that are the result of the negligence of Mason County, its trustees, officers, employees, contractors, subcontractors or agents while performing County improvement or Public Works projects enumerated in Section VIII, paragraph B. Direct and actual damages are specifically limited to physical damage to properly installed and located infrastructure of the Permittee and the cost to repair such physical damage. Mason County retains the right to assert all applicable defenses in the event of a dispute including contributory_negligence on the part_of 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 Permittee's contractors shall not perform or cause to be performed any Work,unless and until Permittee (to the extent Permittee performs any of the Work in the road right-of-way) or its contractors (to the extent Permittee's contractor performs any of the Work in the road right-of-way) provide certificates of insurance evidencing that Permittee or Permittee's contractors are in compliance with the following requirements,including, maintaining insurance in at least in the following amounts: 1. COMMERCIAL GENERAL LIABILITY insurance to cover liability, bodily injury, and property damage. The Commercial General Liability insurance shall be written on an occurrence basis, with an aggregate limit location endorsement for the Permit Area, and shall provide coverage for any and all costs, including defense costs, and losses and damages resulting from personal injury, bodily injury and death, property damage, products liability and completed operations arising out of the Work. Coverage must be written with the following limits of liability: Bodily and Personal 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 10 must reflect this waiver of subrogation rights endorsement. B. Contractor Bond. All contractors performing Work on behalf of Permittee shall be licensed and bonded. C. Limitation of Liability. to the fullest extent permitted by law, permittee shall, and shall cause its contractor(s) only as to subsection (9) below, to release, indemnify, defend and hold harmless the county and the county's legal representatives,officers(elected or appointed), employees and agents (collectively, "indemnitees") for, from and against any and all claims, liabilities, fines, penalties, costs, damages, losses, liens, causes of action, suits, demands, judgments and expenses (including, without limitation, court costs, attorneys' fees, and costs of investigation,removal and remediation and governmental oversight costs), environmental or otherwise(collectively"liabilities") of any nature, kind, or description,of any person or entity, directly or indirectly, arising out of,resulting from, or related to (in whole or in part): 1. this permit; 2. any rights or interests granted pursuant to this permit; 3. permittee's occupation and use of the road right of way; 4. permittee's operation of its utility facilities; 5. the presence of utility facilities within the right of way; 6. the environmental condition and status of the road right-of-way caused by, aggravated by, or contributed to, in whole or in part,by permittee or its agents; or 7. the acts,errors,or omissions of third parties when arising out of the,installation, construction,adjustment, relocation,replacement, removal, or maintenance of such third party utility facilities within the road rights-of-way when such work is performed under authority of the operator's utility permit or at the direction or under the control of the operator; or 8. any act or omission of permittee or permittee's agents; or 9. any act or omission of contractor or its employees, agents, or subcontractors when arising out of the work. Even if such liabilities arise from or are attributed to,in whole or in part,any negligence of any indemnitee. The only liabilities with respect to which permittee's obligation to indemnify the indemnitees does not apply are liabilities to the extent proximately caused by the sole negligence or intentional misconduct of an indemnitee or for liabilities that by law the indemniteees cannot be indemnified for. 11 Upon written notice from the county, permittee agrees to assume the defense of any lawsuit or other proceeding brought against any indemnitee by any entity, relating to any matter covered by this permit for which permittee has an obligation to assume liability for and/or save and hold harmless any indemnitee. Permittee shall pay all costs incident to such defense, including, but not limited to, attorneys' fees, investigators' fees, litigation and appeal expenses, settlement payments and amounts paid in satisfaction of judgments. Permittee will fully satisfy said judgment within ninety(90) days after said suit or action shall have finally been determined if determined adversely to mason county. upon the permittee's failure to satisfy said judgment within the ninety (90) day period, this permit shall at once cease and terminate and the county of mason shall have a lien upon permittee's utility facilities and all other facilities used in the construction, operation and maintenance of the permittee's utility system which may be enforced against the property for the full amount of any such judgment so taken against any of the indemnitees Acceptance by the County of any Work performed by the Permittee at the time of completion shall not be grounds for avoidance of this covenant. XII. PERMIT NONEXCLUSIVE This Permit shall not be deemed to be an exclusive Permit. It shall in no manner prohibit the County of Mason from granting rights to other utilities under, along,across, over and upon any of the County roads, rights-of-way or other County property subject to this Permit and shall in no way prevent or prohibit the County of Mason from constructing, altering, maintaining or using any of said roads rights-of-way, drainage structures or facilities, irrigation structures or facilities, or any other county property or affect its jurisdiction over them or any part of them with full power to make all necessary changes,relocations,repairs,maintenance,etc.,the same as the County may deem fit. XIII. SUCCESSORS AND ASSIGNS All the provisions, conditions, regulations and requirements herein contained shall be binding upon the successors and assigns of the Permittee and all privileges, as well as all obligations and liability of the Permittee, shall inure to its successors and assigns equally as if they were specifically mentioned wherever the Permittee is mentioned. Any reference in this Permit to a specifically named party shall be deemed to apply to any successor, heir, administrator, executor or assign of such party who has acquired its interest in compliance with the terms of this Permit or under law. XIV. TRANSFER/ASSIGNMENT Permittee may assign or transfer this Permit by contacting the County of Mason to obtain an Assignment Agreement. The Agreement must be signed and delivered back to the County of Mason. Assignees shall thereafter be responsible for all obligations of Permittee with respect to the Permit and guaranteeing performance under the terms and conditions of the Permit and that transferee will be bound by all the conditions of the Permit and will assume all the 12 obligations of its predecessor. Such an assignment shall relieve the Permittee of any further obligations under the Permit, including any obligations not fulfilled by Permittee's assignee; provided that, the assignment shall not 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 13 without prior written notice to the County and mutual acceptance of an assignment of the Permit,or(4)use of the utility facilities for the benefit of persons other than the owner/operator in a manner that no longer 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 14 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 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, Pernuttee 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"A",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(30) days'advance written notice of such change in address. Permittee: Greg Morgan 5530 NE North Shore Road Belfair, WA 98528 Attn: Greg Morgan 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 , 20 APPROVED: BOARD OF COMMISSIONERS MASON COUNTY,WASHINGTON 4coWeer Chair Approved as to form: Vice Chair Chief D.P.A. Commissioner 19 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 "A" MEMORANDUM OF PERMIT Title: Greg Morgan Private Line Occupancy Permit Grantor: COUNTY OF MASON, a legal subdivision of the state of Washington Grantee: Greg Morgan Description of Franchise Area: SEE EXHIBIT A-4 Parcel Number: 22210-12-00090 and 22210-12-00080 Legal Description: TR 9 & 13 of GOVT Lot 2 A-1 ACCEPTANCE OF PERMIT Private Line Utility Occupancy Permit effective 520 YA..-&aaour the �LyA ems' of parcel(s) 2(�� - - a69 and we /are the (Operator and) or(representative authorized to) accept Permit on behalf of ewe certify that this Permit and all terms and conditions thereof are accepted by without qualification or reservation and guarantee performance hereunderz�U.Ve certify that, to the best of y ur 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 exhibit. DATED this day of , 20 PERNIITTEE(S) By: :_f Title: ��1 7. Per STATE OF WaSnk!n#n ) )ss. COUNTY OF MGtsoe_\ ) I certify that I know or have satisfactory evidence that G reA __ 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 o y L of the Ak&C i- `i.LZ-o I Z,-CyjC/,0 to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: s�eNOTARy► a`oiN = Print Names�Ca �G` S i •- '= My commission expires OLt IL �?�Z-r'J P1lSO :Z? s z 0,= OF INAS�aa•• aq�u��wuN!►!,:,� A-2 MEMORANDUM OF PRIVATE LINE UTILITY OCCUPANCY PERMIT THIS MEMORANDUM OF PERMIT is dated as of the_day of ,20_ between the County of Mason,a legal subdivision of the state of Washington("County")and (Permittee'). 1. Pro . County has, pursuant to Private Line Utility Occupancy Permit granted to Permittee, the right, revocable at the will of the County, to use and occupy certain road rights-of-way for the construction,installation, adjustment,maintenance,removal,repair, relocation and operation of Permittee's utility facilities for the benefit of the herein described Property, upon the terms and conditions of that certain permit agreement between the parties accepted the day of ,2020(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 A attached hereto (herein called the""Property"). The road right-of-way permit area("Permit Area")is also described in attached Exhibit A. 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. PpMse 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 ,20 . CO OF O Co gineer Approved as to form: Chief D.P.A. A-3 FORM OF MEMORANDUM OF PERMIT Permit Area Map a N I i o 5530 E NORTH SHORE RD 21012000 eR� o 'Y yet ; 1 i �Q ac 222101200080 Greg Morgan PL A-4 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Diane Zoren Action Agenda x Public Hearing Other DEPARTMENT: Support Services EXT: 747 DATE: June 8, 2021 Agenda Item # kO. Commissioner staff to complete) BRIEFING DATE: May 11, 2021 BRIEFING PRESENTED BY: Support Services [x ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency — to meet deadlines, action was taken at the February 2 meeting setting the public hearing. ITEM: Public hearing to consider a petition for annexation of additional property into Mason County Fire Protection District No. 16. Background: This is a repeat of the process previously followed in January/February 2021 to consider a petition for annexation of additional property in MCFPD 16. The election failed and another petition has been submitted. A Certificate of Sufficiency was submitted by Mason County Auditor Paddy McGuire to the County Commissioners on May 3, 2021. In accordance with RCW 52.04.011, the number of valid signatures in support of the petition meet the required 15% of registered voters to request a ballot measure after review and approval by the County Commissioners. Pursuant to RCW 52.02.050, a public hearing by the county legislative authority shall be published for three consecutive weeks in the official paper of the county and shall be posted for not less than fifteen days prior to the date of the hearing in three public places within the boundaries of the proposed district. Pursuant to RCW 52.02.070, the county legislative authority has the authority to consider the petition and, if it finds that any lands added by petition will be benefited, it shall make a finding by resolution. Fire Protection District 16 will need to hold a special meeting to adopt a resolution requesting the county auditor call a special election. Budget Impacts: Cost of legal notice, approximately $400. RECOMMENDED ACTION: Approval of the resolution finding that the lands described in the petition will be benefitted and approves the annexation request into Mason County Fire Protection District No. 16. Attachment(s): Petition, Certificate of Sufficiency, Resolution RESOLUTION NO. A resolution approving an annexation request from Mason County Fire Protection District No. 16 WHEREAS, a Certificate of Sufficiency has been received from the Mason County Auditor certifying that a petition submitted in support of annexing additional property into Mason County Fire Protection District No. 16 (MCFPD 16) is sufficient; WHEREAS, RCW 52.04.011 states"After the county auditor has certified the sufficiency of the petition, the county legislative authority... shall consider the proposal under the same basis that a proposed incorporation of a fire protection district is considered... as provided under Chapter 52.02. If the proposed annexation is approved by the county legislative authority... the board of fire commissioners shall adopt a resolution requesting the county auditor to call a special election... "; WHEREAS, RCW 52.02.040 states"A public hearing on the petition shall be held by the county legislative authority of the county in which the proposed fire protection district is located... "; WHEREAS, notice of the public hearing was published and posted pursuant to RCW 52.02.050; WHEREAS, the first annexation request was considered at a public hearing on February 23, 2021 by the Mason County Commissioners and Resolution No. 2021-010 was adopted, an election was held that failed and MCFPD 16 has submitted the annexation request again for consideration; WHEREAS, the second annexation request was considered at a public hearing on June 8, 2021 by the Mason County Commissioners; WHEREAS, the Mason County Commissioners finds that the lands described in the petition will be benefitted; NOW, THEREFORE BE IT HEREBY RESOLVED by the Board of Mason County Commissioners to approve the petition for annexation of additional property into Mason County Fire Protection District No. 16, DBA West Mason Fire, and shall include all properties in the following boundary: Beginning at the NE corner of Section 19, Township 23N, Range 4W, W.M, thence 9 miles South to the NE corner of Section 6, Township 21N, Range 4W, W.M., Thence 6 miles to the East to the NE corner of Section 6, Township 21 N, Range 5 W, WM, Thence South 3 miles to the SW corner of Section 18, Township 21 N, Range 5 W, W.M., Thence East 5.5 miles to the SE of the SE corner of Section 13, Township 21 N, Range 5 W, W.M., Thence North 1 mile to NE corner of the NE corner of Section 13, Township 21 N, Range 5 W, W.M., Thence West 2.5 miles to the SW corner of Section 10, Township 21 N, Range 5 W, W.M., thence North 1 Mile to the NW Corner of Section 10, Township 21 N, Range 5 W, W.M., Thence East 1.5 miles to the SE Corner of the SW Corner of Section 2, Township 21 N, Range 5W, W.M., Thence N .5 Mile to the NE Corner of the SW Corner of Section 2, Township 21 N, Range 5W, W.M., Thence 1.5 Miles to the East to NE corner of the SE corner of Section 1, Township 21 N, Range 5 W, W.M., Thence .5 Miles South to the SW corner of Section 6,Township 21 N, Range 4 W, W.M., Thence East 3 miles to the SE Corner of Section 4, Township 21 N, Range 4 W, W.M., Thence North 4 miles to the NE Corner of Section 21, Township 22 N, Range 4 W, W.M., Thence 1 Mile West to the NW Corner of Section 21, Township 22, Range 4 W, W.M., Thence North to the NE Corner of Section 17, Township 22 N, Range 4 W, W.M., Thence West to the Northwest Corner of Section 17, Township 22, Range 4 W, W.M., Thence North 4 miles to the NE Corner of Section 30, Township 23 N, Range 4 W, W.M., Thence W by NW 1.5 miles to the NE corner of Section 19, Township 23 N, Range 4 W, W.M., Dated this 8th day of June. Resolution No. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Randy Neatherlin, Chair Sharon Trask, Commissioner ATTEST: Kevin Shutty, Commissioner McKenzie Smith, Clerk of the Board APPROVED AS TO FORM: Tim Whitehead Chief Deputy Prosecuting Attorney C: Auditor Mason County FPD 16 J:\RESOLUTIONS&ORDINANCES\RESOLUTIONS-ORDINANCES Word Files\2021\FPD 16 Resolution for annexation - 2nd time.docx Mason County Auditor Phone: (360) 427-9670 ext. 468 411 NFifth Street Fax: (360) 427-1753 PO Box 400 Email: pmcguire@co,mason.wa.us Shelton, WA 98584 Website: www.co.mason.wa.us/auditor May 3,2021 The Honorable Randy Neatherlin Chair Board of County Commissioners 411N5"St Shelton,WA 98584 Dear Mr. Chairman: Enclosed is a Certificate of Sufficiency from Fire District 16 for a petition the District Board has submitted to annex an area west of Lake Cushman. In accordance with RCW 52.04.011,a petition was circulated among the registered voters that reside in the area. My office has determined that there are two such voters. The petition submitted contained the signature of 50 percent of those voters and that signature was found to match the voter's registration record. Therefore, I am submitting the petition to the Board for its consideration. Should the Board approve this annexation,the matter would be referred back to Fire District 16 for its Board to ask me to place the issue on a future ballot. The deadline for resolutions for the August 3,2021,Primary Election is May 14,2021. The deadline for resolutions for the November 2,2021,General Election is August 3, 2 02 1. Please let me know if I can be of further assistance.I am, Sincerely yours, Paddy McGuire Auditor Enclosure Cc: Matthew Welander,Chief,West Mason Fire CERTIFICATE OF SUFFICIENCY STATE OF WASHINGTON) SS COUNTY OF MASON ) This is to certify that my office has examined the signature on the petition submitted in support of annexing additional property into Fire Protection District No. 16. One signature was submitted and verified. There was one valid signature and no invalid signatures. In accordance with RCW 52.04.011,the number of valid signatures in support of the petition surpassed the required 15%of registered voters to request a ballot measure after review and approval by the County Commissioners. I hereby witness my hand and seal this 3rd day of May,2021. i i 3 Paddy McGuire Mason County Auditor i =3 E i 011 #Y EkedoDs ' West est Mason Fire APB? 3 0 2021 4650 W Dayton Airport Road/PO Box 2436 Shelton,WA 98584 By S - l3 360-426-7343/Fax 360-426-2299 u Westmasonfire.com or Email Admin@mcfdl6.com Mason County Fire Protection District No. 16 RESOLUTION NO.21-005 Whereas a petition for annexation into the district has been presented to the West Mason Fire board of Commissioner,and Whereas, it is deemed to have enough signatures to satisfy the criteria as stated in RCW 52.04.11(1). Therefor the boa is resolved to send the petition forward for certification by the Mason County Auditor. Chairperson Comssio r Commissioner The above Resolution was adopted at the special commissioners' meeting held at on Ai;r 3 +r , .,i► G Secretary i I Fire Chief: Commissioners: Matthew Welander William (Bill)Reed Carly Bean Shelly George Annexation Election Petition To: The Honorable Bord of Fire Protection District 16 (West Mason Fire) Commissioners. We, the undersigned registered landowners, believe it would be conducive to the public safety, welfare, and convenience to annex into Fire Protection District No. 16, and we believe that it would be a benefit to the property therein for the protection of life, property, and infrastructure and the elimination of fire hazards. We do Hereby request that you accept this petition to place annexation into the fire district on the next available election ballot, as described in RCW 52.04.011. Name: Address: Precinct: V\&...-I<-- boo OC'r+net-n L,c�h#s U-I 1bVV'4 IN MASON COUNTY AGENDA ITEM SUMMARY FORM o: Board of Mason County Commissioners From: Marissa Watson, Senior Planner Action Agenda ❑ Public Hearing Q Other ❑ Department: Community Services Ext: 367 Date: June 8, 2021 Agenda Item # 10.� (Commissioner Staff To Complete) Briefing Date: April 26, 2021 Briefing Presented By: Marissa Watson [ ] Item Was Not Previously Briefed With The Board Please Provide Explanation Of Urgency ITEM: Public hearing June 8, zozi at 9:i5 a.m. to consider rezone of a io.7S-acre parcel from Neighborhood Residential (NR)to Mixed Use (MU)within the Shelton Urban Growth Area. BACKGROUND: This request by the property owner is to rezone a 10.75 acre parcel (32030-14-90030) from Neighborhood Residential (NR)to Mixed Use (MU). This parcel is in the Shelton Urban Growth Area (UGA).This does not require an amendment to the Future Land Use Map. The Planning Advisory Commission voted to approve the recommendation of the application request to the BOCC after review of staff report and hearing testimony at their scheduled meeting on April 19, 2021. RECOMMENDED ACTION: Board of County Commissioners shall approve the rezone of parcel number 32030-14- 90030 from NR to MU. ATTACHMENT(S): Ordinance Staff Report with Attachments 6/3/2021 Page I May 20,2021 REQUEST FOR REZONE APPLICANT PROPOSAL - PROPOSED REZONE OF 10.75 ACRES FROM NEIGHBORHOOD RESIDENTIAL (NR) TO MIXED USE (MU) IN THE SHELTON UGA STAFF CONTACT Marissa Watson, Senior Planner Ext#367 APPLICANT PROPERTY OWNER Rene Salazar Same PO Box 664 Shelton, WA 98548 SUMMARY OF PROPOSAL Rezone parcel 32030-14-90030 from Neighborhood Residential (NR)to Mixed Use(MU). This parcel is in the Shelton Urban Growth Area(UGA).This does not require an amendment to the Future Land Use Map. PARCEL INFORMATION Parcel No. 32030_14-90030: is 10.75 acres in size and is located west of and adjacent to parcels fronting SE S.R. 3 just south of the Shelton City limits. The parcel is PCL 1 OF BLA #05-22 and is approximately 600 feet north to south at the widest point and approximately 840 feet wide east to west at its widest point.There is an existing group A well with 6 connections, 5 of those connections used by businesses on adjacent parcels,the sixth connection would be utilized by a potential greens business on the subject property.There is also existing dirt/gravel drives throughout the parcel.There is no other development existing on site. ZONING INFORMATION CURRENT ZONING DESIGNATION: NR Neighborhood Residential The neighborhood residential district(NR) is designed to provide for a variety of housing types throughout the Shelton UGA while maintaining neighborhood definition.The regulations are intended to permit flexibility in the arrangement of structures on the site in order to encourage good architectural design,ensure adequate light and air, and allow compatible development of uses.The primary permitted uses in this district include single family dwellings at a density of not less than four units per net residential acre,two duplexes or triplexes per"block", one secondary dwelling unit per legal building lot as a subordinate use in conjunction with any single family structure, multifamily dwelling units developed in accordance with the Mason County Master Planned Developments code, park(publicly owned and operated), and family day care provider. PROPOSED ZONING DESIGNATION: MU Mixed Use Staff Report_Salazar- BOCC Page 2 May 20,2021 The low-intensity mixed use (MU) designation is intended to provide for a mixture of residential and commercial uses in close proximity to or integrated within the same structure while maintaining a high degree of design standards.The designation is intended to maintain the historic and small town character of existing neighborhoods and gateway while allowing compatible commercial development to occur. Permitted uses include,but are not limited to,commercial uses listed in MCC 17.07.22o, residentials uses with a density of between four and twelve units per acre, residential uses above commercial, cooperative housing, gas stations (when within 300 feet of direct access to a Wa State Hwy or United States highway, and drive thru restaurants(when within 300 feet of direct access to a Wa State Hwy or United States highway).Also allowed are accessory uses such as light manufacturing of consumer goods that are incidental to an on premises retail use, storage, processing, or use of hazardous substances incidental to a permitted use in compliance with applicable county and state regulations, and hazardous waste treatment and storage facilities incidental to a permitted use in compliance with applicable county and state regulations. Unscreened outside storage of any kind is prohibited. Refuse containers must be screened unless placed for collection.Landscaping requirements of MCC 17.07.800 are a requirement in this district. Where a development is contiguous to a zoning district of less intensive land uses, then the adjacent perimeter area shall include visual screening at least six feet high. Where landscaping is used to provide a buffer the minimum width of the planting area shall be fifteen feet.The screening may be achieved through any one or a combination of the methods described in the definitions section of MCC 17.07.800. BACKGROUND The applicant submitted a complete rezone application, with fees, to the Permit Assistance Center on March 9, 2023..The parcel is owned by Rene Salazar and a north eastern portion of the property is proposed to be used for seasonal retail and processing of greens as well as a possible SFR in the future. ANALYSIS Mason County Code Section 17.o5.o8o(a)describes the eight rezone criteria used to review a rezone proposal. These criterions have been established and adopted specifically for Mason County to establish standards by which each rezone is to be reviewed. The Code requires that each rezone be evaluated considering these standards; however, it does not require that they all be met. Below is Staff response to the proposed request: i. Development allowed by the proposed rezone designation shall not damage public health, safety and welfare. This criterion is met as the applicant's proposed rezone of the property will not damage public health, safety or welfare. The rezone would allow both residential, commercial and light industrial(as an accessory to retail) development on the parcel. The commercial and light industrial are currently proposed to the very north east of the parcel which is located adjacent to commercial uses and vacant land to the north. The proposed use does not include processing any hazardous products or involve hazardous byproducts. Traffic going to and from the business would access the portion of E Delanty Rd that directly connects to SE SR 3 and that is already utilized by vehicles accessing the adjacent commercial uses. Staff Report_Salazar- BOCC Page 3 May 20,2021 2. The zone designation shall be consistent with the Mason County Comprehensive Plan, Development Regulations,and other county ordinances, and with the Growth Management Act; and that designation shall match the characteristics of the area to be rezoned better than any other zone designation. Staff believes this criterion has been met as it is consistent with the Comprehensive Plan and specifically consistent with the MU section of the Development Regulations. The MU designation allows for residential development as well as commercial and light industrial when accessory to a retail use. The existing development to the north west of the property is residential and to the east is existing commercial, with properties to the very south of the parcel being undeveloped rural residential zoning. Any future build out of the parcel will have to accommodate the density requirement of at least 4 units per acre. 3. No rezone shall be approved if, either by itself or together with other rezoning and/or development, whether actual or potential, the cumulative impacts of such zoning would be to materially increase sprawling, low-density rural development, or to significantly increase uses incompatible with resource-based uses in the vicinity. This criterion is met and staff believes the rezone of this parcel would not increase sprawl or low- density development or cause it to occur. Both Neighborhood Residential zoning and Mixed Use zoning within the Shelton UGA require development with a density of at least four units per net acre, therefore any future build out of the parcel will have to accommodate this density requirement. There are no resource-based uses in the vicinity. 4. No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development, whether actual or potential, the cumulative impacts of such zoning would be to materially increase demand for urban services in rural areas,including but not limited to streets, parking, utilities,fire protection, police, and schools. N/A This is in an Urban Growth Area. 5. No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development,whether actual or potential,the cumulative impacts of such zoning would be to materially interfere with the Growth Management Act goal to encourage development in urban areas where adequate public services and facilities exist or can be provided in an efficient manner. This criterion is met as the proposed rezone of this parcel would not materially interfere with the Growth Management Act goal to encourage development in urban areas where adequate public services and facilities exist or can be provided in an efficient manner. The rezone would allow the same residential density and more, along with commercial uses, but the lot is located within the UGA where the GMA dictates should be the location for higher densities and more intensive land uses. 6. No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development,whether actual or potential,the cumulative impacts of such zoning would be to materially interfere with the Growth Management Act goal to encourage Staff Report_Salazar-BOCC Page 4 May 20,2021 retention of open space, to conserve fish and wildlife habitat, and generally to protect the environment, including air and water quality. This criterion is met as the proposed rezone would not materially interfere with the Growth Management Act goal to encourage retention of open space, to conserve fish and wildlife habitat, and generally to protect the environment, including air and water quality. 7. No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development, whether actual or potential,the cumulative impacts of such zoning would be to create pressure to change land use designations of other lands or to increase population growth in rural areas as projected in the Mason County Comprehensive Plan. This criterion is met as the proposed rezone would not create pressure to change surrounding land uses and will not affect population growth in the rural areas. 8. These criteria shall not be construed to prevent corrective rezoning of land necessitated by clerical error or similar error of typography or topography committed in the original zoning of such land. N/A, not zoned in error. STATE ENVIRONMENT PROTECTION ACT (SEPA) A SEPA checklist was prepared for this project. A formal SEPA Determinations of Non-Significance was made on March 18, 2021. Comment period for this determination closes on April 1, 2021. Comments from Squaxin Island Tribe attached with County response. PUBLIC NOTIFICATION All property owners within 300 feet of the subject parcel were notified by mail informing them of the proposal to rezone the property. In addition, Public Notice of this public hearing was published in the Mason Shelton Journal on April 8 and April 15, 2021. The Public Notice was posted onsite on March 18, 2021. PLANNING ADVISORY COMMISSION On April 19 2021, the Planning Advisory Commission held a public hearing on this proposal. After calling for testimony and deliberation, they made a 4-o decision to recommend approval to the BOCC. PUBLIC COMMENTS One comment, via phone call, from a neighbor of the subject property indicated that only concern, so far,would be if the access to a commercial project on site was from E Delanty Rd to the north west of the lot where it connects to Lake Boulevard. That particular area is all residential and the road is narrow and needing improvement. Following a briefing on April 26, 2021 with the commissioners, staff followed up with the City of Shelton and WSDOT regarding this rezone proposal. City's comments are attached. Staff Report_Salazar- BOCC Page 5 May 20,2021 SUMMARY AND RECOMMENDATION Staff and PAC recommend that the Mason County Board of Commissioners approve this rezone request. ATTACHMENTS • Application and Rationale for Request • Current Zoning Map • SEPA DNS and Checklist • Notice of Hearing • 6o-Day Notice to Commerce • Property owners within 300'who received notice by mail • Ordinance • City of Shelton comments Staff Report_Salazar- BOCC Fee: $2,220.00 ' MASON COUNTY COMMUNITY SERVICES Building,Planning,Environmental Health,Community Health �- 615 W.Alder St.—Bldg.8,Shelton,WA 98584 Phone:(360)427-9670 ext.352 ♦ Fax:(360)427-7798 APPLICATION FOR AMENDMENT TO: ❑Comprehensive Plan Policy P4Devetopment-Reguiatiorrs_ ❑Future Land Use Map (Comp Plan Amendment) Woning Map (Development Regulation Amendment) One application per parcel or contiguous group of parcels. This application does not guarantee approval. You should discuss your proposal with the County Long Range Planner prior to application. Burden is on applicant to show compliance with the Comprehensive Plan or Growth Management Act policies and other planning ordinances. Applicant: RENE SALAZAR Mailing Address: PO BOX 664 City: SHELTON State: WA Zip: 98584 Telephone No.: (360) 742-6951 Parcel Number(s): 32030-14-90030 Parcel Size and Legal Description: 10.75 ACRES PCL 1 OF BLA #05-22 S 4/77 What kind of change in Comprehensive Plan Policy,Development Regulation, or Comprehensive Plan Map (Future Land Use/Zoning)is requested? (Attach additional pages,if needed.) DEVELOPMENT REGULATION AMENDMENT. REZONE FROM NR TO MU. Rationale for the Request: (include information on the property features, land use, and maps that will be used in considering your application) (seethe attached information sheet) PLEASE SEE THE INCLUDED PROPOSED SITE PLAN. CURRENTLY 10.75 ACRE PROPERTY ADJACENT TO STATE ROUTE 3 SOUTH OF SHELTON CITY LIMITS IS ZONED NR. OWNER WOULD LIKE TO REZONE TO MU TO DEVELOP 2,000 S.F. BUILDING FOR GREENS PROCESSING AND SEASONAL RETAIL WITH PROPOSED FUTURE SFR AND POTENTIAL ADDITIONAL PROCESSING BUILDINGS. (,fA¢ ei, WILLIAMS ARCHITECTURE 3/4/2021 Signature and date / AR-cH1 NtRWO�VE / RTo.BO%�t0'1 SBS& RH:(aeol�2Sa5tt � Rt(LECT NUMBER / 20200J6 maECT Trt� i PROPOSED SUILDWO i Z W h p c $ I /I RBVIBKxis I I� I ]J` PRO AEL NO, SITE PLAN LEGAL DESORIP ION: / POL 1 OF DLA 4M.2 S AM 51TE ADDI�SS 1045 SE STATE ROUTE 3 SNELTON,WASNINGTON WE 64 pKTE Q-22-20 ON�NRI By PULL CHECKED BY i SITE PLAN SHEET NUMBER wAm F.60'-O" NORTN A 1.0 of I awawnaaau.anBa mNwBswnlwrxmrrBt rersuonEwxRtiRcrie Mason County WA GIS Web Map 1,3sz 1WIISon Str+?ez -- r CURRENT ZONING: NEIGHBORHOOD RESIDENTIAL PROPOSED ZONING: MIXED USE 3/18/2021, 10:10:40 AM 1:3,073 0 140 280 560 ft County Boundary Industrial 0 40 80 160 m ElTax Parcels(Zoom in to 1:30,000) Mixed Use Shelton Zoning Neighborhood Residential Airport Industrial Public Institutional ©OpenStreetMap(and)contributors,CC-BY-SA ® Commercial Industrial Development Areas General Commercial "`` Rural Multi Family Mason County WA GIS Web Map Application Richard Diaz I Map data©OpenStreetMap contributors,CC-BY-SA I MASON COUNTY Planning Division of Community Development Planning DEPARTMENT i _ z 615 W. Alder St. Bldg. 8, Shelton, WA 98584 360-427-9670 ext 352 te J•Hl'tY� ^ DETERMINATION OF NONSIGNIFICANCE (WAC 197-11-340) SEP2021-00013 Description of Proposal: REZONE OF 10.75 ACRES FROM NR TO MU WITHIN THE SHELTON UGA Proponent: SALAZAR RENE Location of Proposal: 1045 SE STATE ROUTE 3 Parcel Number. 320301490030 Legal Description: PCL 1 OF BLA#05-22 S 4/77 Lead Agency: Mason County The Lead Agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An Environmental Impact Statement(EIS) is not required under RCW 43.21 C.030(2)(c). This decision was made after review of a completed Environmental Checklist and other information on file with the Lead Agency. This information is available to the public upon request. Please contact Marissa Watson at 360-427-9670 x367 with any questions. This DNS is issued under WAC 197-11-340(2). The Lead Agency will not act on this proposal for 14 days from the date shown below, when the determination is final. Comments must be submitted to the Dept. of Community Development, 615 W Alder St, Shelton WA 98584 by 04/01/2021. Appeal of this determination must be filed with a 14-day period following this final determination date, per Mason County Code Chapter 15.11 Appeals. Auth rized Local Government Official Date Printed by,Marissa Watson on:03/18/2021 09:51 AM Page I of I SEPA ENVIRONMENTAL CHECKLIST i Mason County Permit Center Use: 1 S E PCB Single Family DNS: $600.00 Parcel #: 32030`t4• 9 003 ❑ Other DNS: 0 to 9.99 acres: $730 , Date Rcvd: f 10 to 20 acres: $880 Over 20 acres: $1100 ❑ DS/EIS: $5000 + $90 per hour Purpose of checklist: Governmental agencies use this checklist to help determine whether the environmental impacts of your proposal are significant. This information is also helpful to determine if available avoidance, minimization or compensatory mitigation measures will address the probable significant impacts or if an environmental impact statement will be prepared to further analyze the proposal. Instructions for applicants: This environmental checklist asks you to describe some basic information about your proposal. Please answer each question accurately and carefully, to the best of your knowledge. You may need to consult with an agency specialist or private consultant for some questions. You may use"not applicable" or "does not apply" only when you can explain why it does not apply and not when the answer is unknown. You may also attach or incorporate by reference additional studies reports. Complete and accurate answers to these questions often avoid delays with the SEPA process as well as later in the decision- making process. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. Instructions for Lead Agencies: Please adjust the format of this template as needed. Additional information may be necessary to evaluate the existing environment, all interrelated aspects of the proposal and an analysis of adverse impacts. The checklist is considered the first but not necessarily the only source of information needed to make an adequate threshold determination. Once a threshold determination is made, the lead agency is responsible for the completeness and accuracy of the checklist and other supporting documents. Use of checklist for nonproject proposals: For nonproject proposals (such as ordinances, regulations, plans and programs), complete the applicable parts of sections A and B plus the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (part D). Please completely answer all questions that apply and note that the words "project,""applicant," and "property or site"should be read as"proposal," "proponent," and "affected geographic area," respectively. The lead agency may exclude (for non-projects) questions in Part B- Environmental Elements—that do not contribute meaningfully to the analysis of the proposal. SEPA Environmental checklist(WAC 197-11-960)(MC version) July 2016 Page 1 of 14 A. Background HELP 1. Name of proposed project, if applicable: Rezone for new greens processing building 2. Name of applicant: Rene Salazar 3. Address and phone number of applicant and contact person: PO BOX 664 SHELTON WA 98584 (360) 742-6951 4. Date checklist prepared: 3/4/2021 5. Agency requesting checklist: Mason County Community Services, Planning 6. Proposed timing or schedule (including phasing, if applicable): Pending rezone approval, building permit documents need to be submitted and approved, then construction of the primary 2,000 S.F. greens processing building would follow. 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. After first phase to develope 2,000 S.F. building for greens processing and seasonal retail additional phases could include proposed future S.F.R. and potential additional processing buildings. 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. No environmental impacts have needed to be documented currently and in the future. 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. This application is being provided in tandem with the Development Regulation Amendment Application at Mason county. No other applications are pending for government approval. 10. List any government approvals or permits that will be needed for your proposal, if known. No additional government approvals or premits are required for this proposal. 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.) 10.75 acre property adjacent to State Route 3 south of Shelton, WA city limits. This application is provided to support a request to rezone existing property from NR to MU. After the rezone, the proposal is to develope 2,000 S.F. building for greens processing and seasonal retail with proposed future S.F.R. and potential additional processing buildings. SEPA Environmental checklist(WAC 197-11-960)(MC version) July 2016 Page 2 of 14 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. Site address 1045 SE State Route 3, Shelton, WA 98584 Parcel: 32030-14-90030 Legal Description PCL 1 OF BLA #05-22 S 4/77 Range: 3W Township: 20N Section: 30 Please see included site plan. B. Environmental Elements HELP 1. Earth hf elpl a. General description of the site: (circle one): Flat, rolling, hilly, steep slopes, mountainous, other b. What is the steepest slope on the site (approximate percent slope)? c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any agricultural land of long-term commercial significance and whether the proposal results in removing any of these soils. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. e. Describe the purpose, type, total area, and approximate quantities and total affected area of any filling, excavation, and grading proposed. Indicate source of fill. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? SEPA Environmental checklist(WAC 197-11-960)(MC version) July 2016 Page 3 of 14 15. Public Services 1hel a. Would the project result in an increased need for public services (for example: fire protection, police protection, public transit, health care, schools, other)? If so, generally describe. b. Proposed measures to reduce or control direct impacts on public services, if any. 16. Utilities h( e a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other c. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. C. Signature lttLP The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. Signature: Name of signee Rachel Weber Position and Agency/Organization Project Manager Williams Architecture Date Submitted: 3/2021 D. Supplemental sheet for nonproject actions HELP (IT IS NOT NECESSARY to use this sheet for project actions) Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal, or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. SEPA Environmental checklist(WAC 197-11-960)(MC version) July 2016 Page 12 of 14 Vdth required slormwater quantity and quality control,Ihelhe proposal will improve the water quality and limit he water discharged from the site.Air emissions will not be affected. Toxic or hazardous substances will not be released.Produclinn of muse is limited,and less than adjacent environments. 1. How would the proposal be likely to increase discharge to water; emissions to air; pro- duction, storage, or release of toxic or hazardous substances; or production of noise? With required stormwater quantity and quality control,thelhe proposal will improve the water quality and limit he water discharged from the site. Air emissions will not be affected.Toxic or hazardous substances will not be released. Production of noise is limited,and less than adjacent environments. Proposed measures to avoid or reduce such increases are: 2. How would the proposal be likely to affect plants, animals, fish, or marine life? With required stormwater quantity and quality control, the proposal will improve the water quality and support plant, animal, fish, and marine life. Proposed measures to protect or conserve plants, animals, fish, or marine life are: 3. How would the proposal be likely to deplete energy or natural resources? The proposal will not cause an undue burden on energy and natural resources. Proposed measures to protect or conserve energy and natural resources are: 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? In this case,the proposal will improve these environmentally sensitive areas indirectly by improving water quality in the watershed through installing required stormwater'quantity and quality control. This proposal does not include environmentally sensitive areas or areas that require protection. Proposed measures to protect such resources or to avoid or reduce impacts are: 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? The proposal will not cause an undue burden on land and shoreline use. The project will improve water quality. The proposal has limited affects on how the land can be used in the future, and can easily accommodate incompatible uses in the future. Proposed measures to avoid or reduce shoreline and land use impacts are: SEPA Environmental checklist(WAC 197-11.960)(MC version) July 2016 Page 13 of 14 6. How would the proposal be likely to increase demands on transportation or public services and utilities? The proposal does not create undue demands,on utilities,f rom comments from planners, trucks will approach from Delanty Rd to limit impacts on transportation. Proposed measures to reduce or respond to such demand(s) are: 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. The proposal does not contain aspects that will conflict with local, state, or federal laws or requirements for the protection of the environment. SEPA Environmental checklist(WAC 197-11.960)(MC version) July 2016 Page 14 of 14 5TA?p 04 f. y 110 rC STATE OF WASHINGTON DEPARTMENT OF ECOLOGY PO Box 47775 •Olympia, Washington 98504-7775 •(360) 407-6300 711 for Washington Relay Service •Persons with a speech disability can call 877-833-6341 April 1, 2021 Marissa Watson,Planner I Mason County Department of Community Services Planning Division PO Box 279 Shelton,WA 98584 Dear Marissa Watson: Thank you for the opportunity to comment on the determination of nonsignificance for the Salazar Rezone and Greens Processing Facility Project(SEP2021-00013) located at 1045 Southeast State Route 3 as proposed by Rene Salazar. The Department of Ecology(Ecology) reviewed the environmental checklist and has the following comment(s): SOLID WASTE MANAGEMENT: Derek Rockett(360) 407-6287 All grading and filling of land must utilize only clean fill. All other materials may be considered solid waste and permit approval may be required from the local jurisdictional health department prior to filling. All removed debris resulting from this project must be disposed of at an approved site. Contact the local jurisdictional health department for proper management of these materials. WATER QUALITY/WATERSHED RESOURCES UNIT: Morgan Maupin (360)407-7320 Erosion control measures must be in place prior to any clearing, grading, or construction. These control measures must be effective to prevent stormwater runoff from carrying soil and other pollutants into surface water or stormdrains that lead to waters of the state. Sand, silt, clay particles, and soil will damage aquatic habitat and are considered to be pollutants. Any discharge of sediment-laden runoff or other pollutants to waters of the state is in violation of Chapter 90.48 RCW, Water Pollution Control, and WAC 173-201A, Water Quality Standards for Surface Waters of the State of Washington, and is subject to enforcement action. Construction Stormwater General Permit: The following construction activities require coverage under the Construction Stormwater General Permit: Marissa Watson April 1, 2021 Page 2 1. Clearing, grading and/or excavation that results in the disturbance of one or more acres and discharges stormwater to surface waters of the State; and 2. Clearing, grading and/or excavation on sites smaller than one acre that are part of a larger common plan of development or sale, if the common plan of development or sale will ultimately disturb one acre or more and discharge stormwater to surface waters of the State. a) This includes forest practices(including, but not limited to,class IV conversions) that are part of a construction activity that will result in the disturbance of one or more acres, and discharge to surface waters of the State;and 3. Any size construction activity discharging stormwater to waters of the State that Ecology: a) Determines to be a significant contributor of pollutants to waters of the State of Washington. b) Reasonably expects to cause a violation of any water quality standard. If there are known soil/ground water contaminants present on-site, additional information (including, but not limited to:temporary erosion and sediment control plans; stormwater pollution prevention plan; list of known contaminants with concentrations and depths found; a site map depicting the sample location(s);and additional studies/reports regarding contaminant(s))will be required to be submitted. For additional information on contaminated construction sites,please contact Carol Serdar at Carol.Serdggec wa.gov,or by phone at (360) 742-9751. Additionally, sites that discharge to segments of waterbodies listed as impaired by the State of Washington under Section 303(d)of the Clean Water Act for turbidity, fine sediment, high pH, or phosphorous, or to waterbodies covered by a TMDL may need to meet additional sampling and record keeping requirements. See condition S8 of the Construction Stormwater General Permit for a description of these requirements. To see if your site discharges to a TMDL or 303(d)-listed waterbody, use Ecology's Water Quality Atlas at: https://fortress.wa. og v/ecy/watergualkyatlas/StartPage.amx. The applicant may apply online or obtain an application from Ecology's webs ite at: http://www.ecy.wa.gov/programs/wq/stormwater/construction/-Application. Construction site operators must apply for a permit at least 60 days prior to discharging stormwater from construction activities and must submit it on or before the date of the first public notice. Ecology's comments are based upon information provided by the lead agency. As such, they may not constitute an exhaustive list of the various authorizations that must be obtained or legal requirements that must be fulfilled in order to carry out the proposed action. If you have any questions or would like to respond to these comments,please contact the appropriate reviewing staff listed above. Departrzient of Ecology Southwest Regional Office (GMP:202101363) cc: Derek Rockett, SWM Morgan Maupin, WQ RE: SEP2021-00013 Salazar Rezone Wednesday,April 7,2021 11:02 AM Subiect RE:SEP2021-00013 Salazar Rezone From Marissa Watson i To 'Erica Marbet';Jeff Dickison;Sarah Zaniewski;Shaun Dinubilo Cc rachel@williams-architecture.com;Len Williams Sent Wednesday,April 7,2021 10:34 AM Hello Erica, Please see the County's response to your comments below. The applicant may choose to add additional information. From: Erica Marbet<emarbet@squaxin.us> Sent:Thursday,April 1, 2021 1:34 PM To: Marissa Watson<MWatson@co.mason.wa.us>;Dale Severson<or-sepa-review@wsdot.wa.gov>; reviewteam@commerce.wa.gov;Jason Dose<jasond@ci.shelton.wa.us>;Wa Department of Ecology <separegister@ecy.wa.gov>;Jeff Dickison<jdickison@squaxin.us>;Sarah Zaniewski<szaniewski@squaxin.us>; Shaun Dinubilo<sdinubilo@squaxin.us>;Wa Department of Fish and Wildlife<sepadesk@dfw.wa.gov> Cc: rachel@williams-architecture.com; Len Williams<len@williams-architecture.com> Subject: RE:SEP2021-00013—Salazar Rezone Dear Marissa, These are formal comments and questions on the Salazar Rezone from the Squaxin Island Tribe.Thank you for your earlier clarifications regarding the proposed rezone and SEPA. I have also received clarification from Rachel Williams that this Group A water system is not associated with a water right. Regarding a Group A System with a permit-exempt well,we expect that it falls under: RCW 90.44.050-https://app.leg.wa.gov/RCW/default.aspx?cite=90.44.050—Therefore we would expect the entire system to not pump more than 5,000 gallons per day. Does the Group A system metering currently indicate that it falls within 5,000 gallons per day?Will addition of these greens processing facilities still keep the system under 5,000 gallons per day?And how will the County and/or Ecology enforce that in the future? [Marissa Watson]The following is the response from Alex Paysse with Environmental Health: "The SMA or water system manager is in place to make sure the water system remains in compliance with applicable rules, regulations, limitations. The Washington State Dept. of Health regulates these systems. Mason County has very limited authority over these systems according to the currentJPR with DOH. According to the DOH database this system is in compliance(Green). The SMA H2O Management Services Inc. may be able to provide current water usage rates. Link to water system info in Sentry database." https•//fortress wa gov/doh/eh/portal/odw/si/singlesystemviews/geninfosinglesys.aspx?orgnum=03679 &orgna m e=D iscovery%20Homes%20#1&xid=50451 Regarding stormwater: The wording"will improve water quality and limit water discharged from the site" is rather optimistic and vague. Please add detail,for example, how the stormwater design will follow standards of the 2019 Western Washington Stormwater Manual,which has been adopted by the Shelton City Council. Though this parcel is not within city limits, it is immediately adjacent to the city. Or describe how other parts of the 10.75 acre parcel will New Section 1 Page 1 be used to treat and infiltrate all stormwater. As I sketched below,this neighborhood conveys stormwater through Hwy.3 to Mill Creek. [Marissa Watson]At the rezone level the County does not require the applicant to specifically know how stormwater will be handled. It is at the project level when total impervious surface is known that we can evaluate the stormwater plan (public works).The pre-app conference notes from Public Works are the following: "Fully engineered stormwater plan will be required. County is currently using the 2012 Department of Ecology Stormwater Management Manual. If stormwater plan is already existing, update plan to include any newly added impervious surfaces. No stormwater shall be conveyed to the county ditch or waters of the state.An Operation& Maintenance agreement will be need to be recorded at the completion of the project. Record drawings shall be drawn and recorded with the county at the completion of the project." If the rezone is approved,the stormwater requirements are due at the time of building permit. If the applicant has any additional details,as to general stormwater measures that may be used, please add. Sincerely, Erica Marbet Erica Marbet Water Resources Biologist Squaxin Island Tribe 200 SE Billy Frank Jr.Way Shelton,WA 98584 360-432-3804 office 360-790-9353 cell New Section 1 Page 2 MASON COUNTY • COMMUNITY SERVICES Building,Planning,Environmental Health,Community Health NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Mason County Planning Advisory Commission will hold a public hearing via Zoom on Monday, April 19, 2021 at 6:00 p.m. SAID HEARING will be to consider adopting the following Development Areas amendment (REZONE): • Rezone approximately 10.75 acres from Neighborhood Residential (NR) to Mixed Use (MU) in the Shelton Urban Growth Area. Parcel 32030-14-90030. This would make the entire parcel MU. This parcel is owned by Rene Salazar. Future proposal is to construct a 2000sf building for greens processing and seasonal retail with proposed future SFR and potential additional processing buildings. Any person desiring to express their view or to be notified of the action taken on the application should attend virtually or notify: MASON COUNTY DEPARTMENT OF COMMUNITY SERVICES 615 W. Alder Street Shelton, WA 98584 mwatson@co.mason.wa.us (360) 427-9670 ext. 367 Please visit the Mason County website (http://www.co.mason.wa.us/ac/planning- commission/index.php)for a detailed list of agenda items. If special accommodations are needed, or for information on how to attend this public meeting via Zoom, please contact Mariah Frazier at mfrazierRco.mason.wa.us or call (360)427-9670 Ext 365. y „ STATE OF WASHINGTON DEPARTMENT OF COMMERCE 1011 Plum Street SE • PO Box 42525• Olympia, Washington 98504-2525• (360) 725-4000 www.commerce.wa.gov 03/18/2021 Ms. Marissa Watson Senior Planner Mason County 411 N 5th Street Shelton,WA 98332 Sent Via Electronic Mail Re: Mason County--2021-S-2465--60-day Notice of Intent to Adopt Amendment Dear Ms. Watson: Thank you for sending the Washington State Department of Commerce(Commerce)the 60-day Notice of Intent to Adopt Amendment as required under RCW 36.70A.106. We received your submittal with the following description. Rezone approximately 10.75 acres from Neighborhood Residential(NR)to Mixed Use (Mil) in the Shelton Urban Growth Area. Parcel 32030-14-90030.This would make the entire parcel MU.Future proposal is to construct a 2000sf building for greens processing and seasonal retail with proposed SFR and potential additional processing buildings. We received your submittal on03/18/2021 and processed it with the Submittal ID 2021-S-2465. Please keep this letter as documentation that you have met this procedural requirement. Your 60 -day notice period ends on 05/17/2021. We have forwarded a copy of this notice to other state agencies for comment. Please remember to submit the final adopted amendment to Commerce within ten days of adoption. If you have any questions,please contact Growth Management Services at reviewteam@commerce.wa.gov, or call Gary Idleburg, (360)725-3045. Sincerely, Review Team Growth Management Services Page: 1 of 1 RENE SALAZAR DEVELOPMENT REGULATIONS AMENDMENT APPLICATION NEIGHBOR LIST PARCEL 31030-14-900 3 0 First Name Last Name Address 1 City State Postal Code Parcel Parcel Address Image SCOTT&KATHY OBERT 1050 SE STATE ROUTE 3 SHELTON WA 98584-9195 32029-23 00040 1050 SE STATE ROUTE 3 SHELTON Salazar 1 HACKNEY BUILDING LLC 1898 LAKEMOOR PLACE SW OLYMPIA WA 98512 3203014 90010 1051 SE STATE ROUTE 3.SHELTON 98584 Salazaz 1 14ATKATOSH INC. 1069 SE STATE ROUTE 3 SHELTON WA 98584 32030-14-90040 1069 SE STATE ROUTE 3(IO61 on map) Salazar 1 VIL WMONT INVESTMENT INC ET AL EDGEMARK BUILDERS INC PO BOX 520 511ELTON WA 98584 32030-14-00020 Ill SE STATE ROUTE 3 Salazar 1 BLIND SQUIRREL DEVELOPERS 1LC. PO BOX 6 SHELTON WA 98584 32030-52 00009 Salazar 1 WA 32030-52.00008 Salazar 1 WA 32030-52-00007 Salazar 3 NANCY WALXCR 213 WILSON ST SHELTON WA 98584.2461 3203052 00006 Salazar l RAYMOND L&JANLT L EVELAND 140 SE CLEARWATER RIG SHELTON WA 98584 32030-14-00070 920 SE STATE ROUTE 3 Salazar 2 K&R DEVELOPMENT LLC WA LIMITED LIABILTY CO 302 E WALLACE KNEELAND BLVD STE 224 BOX 294 SHELTON WA 98584 32030-14-90020 1043 STATE RTE 3 Salazar 2 s(FOR MORCUS 1030 HENSLEY NE OLYMPIA WA 98506-5443 3203014-00160 931 SE STATE RTE 3 Salazar 3 WA 32030-14.90133 Salazar Po7P^ WA 32030-14-90132 Salazar 3 WA 3203014-90131 Salazar 3 ✓ NEAL H JUBB PO BOX 643 SHELTON WA 98584 32030-13-00040 71 W TREE FROG LN Salazar 4 TERRY) WEST 1938 LAKE BOULEVARD SHELTON WA 98584 3203D-13-90052 110 W TREE FROG LN Salazar 4 DAISY MARIA TOWNE 309 E DELANTY RD SHELTON WA 98584 32030-13.00010 319 E DELANTY RD TYP07 Salatar 4 CAPPY R SHAPIRO 216 E DELANTY RD SHELTON WA 98584 32030-13.90010 Salazar 4 y HAROLD D&MARGARETE DOHRING 214 W D ST SHELTON WA 98584-3022 32030-14-00150 410 E DELANTY RD Salatar 4 ✓JAMES&CAROL KILLORAN PO BOX 542 SHELTON WA 98584 32030-52-00001 Salazar 4 V JAMES&CAROL KILLORAN WA 32030-52-00002 Salazar 4 ✓WOPO LLC ET At. JAMES&CAROL KILLORAN PO BOX 542 SHELTON WA 98584 32030-52.00003 Salazar 4 v DANG&KJMBERLYJ KEYES 101E WILSON ST SHELTON WA 98584 32030.52.90041 Salazar VSTEVEN RAY 11&AMANDA LYNN FISHER F7 UX 105 E WILSON ST SHELTON WA 98584 32030-52.90042 Salazar S j BARBARA KUCHNO 109 E WILSON ST SHELTON WA 98584 32030-52-90043 Salazar 5 V(SARBARA I FULLER Ill E WILSON SHELTON WA 98584 32030-SI-90O44 Salazar 5 ,/ROBECCA JO ALLEN 2312 RAILROAD AVE SHELTON WA 98584 32030-52-90040 11S E WILSON Salazar 5 ,,MARGARET E&RODRIGO LUENGO 119 E WILSON SHELTON WA 98584 3203052.90030 Salazar 5 TONIA SEWARD 123 E WILSON ST Salazar 5 SHEl10N WA 98581 32030-52-90010 /LILA D PRENCITCE&LINDA M PPRUETT C0TRUSTEES 4195TH AVE ABERDEEN WA 9SS20 32030-52.90020 127E WILSON Salazar 2't Tv-tTt. 11 �. ORDINANCE NUMBER AMENDMENTTO MASON COUNTY SHELTON UGA MAP SALAZAR REZONE ORDINANCE Mason County Shelton Urban Growth Area (UGA) Map (rezone) under the authority of RCW 36.70A. WHEREAS, the Washington State Growth Management Act (RCW 36.70A.130) requires each county, including Mason County, to take legislative action to review and revise its comprehensive plan and development regulations to ensure that the plan and regulations continue to comply with the requirements of the Act; and WHEREAS, the County needs to address certain requests for comprehensive plan and zoning changes to meet the goals and requirements of Chapter 36.70A RCW (Growth Management Act); and WHEREAS, Rene Salazar, owner of real property in Mason County known as parcel 32030-14- 90030, has requested a zoning change of the property from Neighborhood Residential (NR)to Mixed Use (MU); and WHEREAS, on April 19, 2021, the Mason County Planning Advisory Commission held a public hearing to consider the amendment and passed a unanimous (4-0) motion to recommend approval of said rezone; and WHEREAS, the Board of County Commissioners considered the requested rezone at a duly advertised public hearing on June 8, 2021; and WHEREAS,the Board of County Commissioners took public testimony from interested parties, considered all the written and oral arguments,testimony and comments presented; and WHEREAS, the Board of County Commissioners also considered the Staff Report and recommendations of the Mason County Planning Advisory Commission; and WHEREAS, the Board of County Commissioners finds that the proposed amendment to the Shelton UGA Map complies with all applicable requirements of the Growth Management Act, the Comprehensive Plan, and the Mason County Code, and that it is in the best public interest; and BE IT HEREBY ORDAINED, the Mason County Board of Commissioners hereby approves and ADOPTS amendment to the Mason County Shelton UGA Map rezoning the parcel 32030-14- 90030 from Neighborhood Residential (NR)to Mixed Use (MU). DATED this day of 2021. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: Randy Neatherlin, Chair McKenzie Smith, Clerk of the Board APPROVED AS TO FORM: Sharon Trask, Commissioner Tim Whitehead, Chief DPA Kevin Shutty, Commissioner z Marissa Watson From: Jason Dose <jason.dose@sheltonwa.gov> Sent: Wednesday, May 5, 2021 10:35 AM To: Marissa Watson Subject: RE: Salazar rezone - Parcel 32030-14-90030 Follow Up Flag: Follow up Flag Status: Flagged Thanks for reaching out, Marissal I apologize for not following up with formal comments regarding the rezone of the site. The City's comments are similar to what I indicated initially when the SEPA notice was sent out. The City of Shelton doesn't have any comments, per se, relative to the rezone itself. If reviewed in a proverbial "vacuum", that is. Rezoning the piece from NR to MU makes sense given the General Commercial use of the properties directly east. The MU zone could certainly be considered to act as somewhat of a "transition" zone from the more intense commercial uses along SR 3 (as allowed in the General Commercial zone)to the less intense residential uses typically allowed and envisioned in the NR zone (which exist to the west and north of the site). That said, any concerns the City has are more related to the proposed use of the site, as indicated in the SEPA Checklist (and site plans) included with the rezone proposal. In that, the proposed use of the site as a greens business may not "fit" the allowed uses in the Mixed Use zone. At least, as described in the Shelton Municipal Code as our code would relegate greens businesses, and similar uses, to our Industrial zones. That aside, functionally, one of the main concerns the City would have is relative to any increased traffic that might result along Delanty Road, should they choose to utilize it for access or as a secondary access. Access off of Delanty Road would make sense given the relatively poor sightlines and large amount of traffic on SR 3 at the driveway access to the site. Delanty Road is quite narrow (one lane wide for a large portion) and has no pedestrian amenities with single family residential uses flanking both sides of the street. Further,the property located directly to the north is zoned Neighborhood Residential and, given the proposed use of the site as a greens operation (which can have frequent truck traffic, including refrigerated trucks, and include the use of forklifts and other similar machinery) compatibility with future residential uses on the sites to the north is certainly a concern. It is assumed that any future use of the site would also be required to demonstrate compliance with the County adopted stormwater management manual (the City of Shelton has adopted the 2019 Department of Ecology Stormwater Management Manual for Western Washington, I'm not certain which manual Mason County uses). I hope this helps. Please let me know if you have any questions. Jason Dose Senior Planner City of Shelton 525 West Cota Street Shelton, WA 98584 E-mail: iason.dose@sheltonwa.gov i Phone: 360-432-5102 FAX:360-426-7746 City of Shelton Website:www.sheltonwa.gov sn�a,a�r�y�w eaw,► oxx�orsn.ua,w� Ctryosn.ttenwA From: Marissa Watson [mailto:MWatson@co.mason.wa.us] Sent:Tuesday,April 27, 2021 11:42 AM To:Jason Dose<jason.dose@sheltonwa.gov> Subject: Salazar rezone-Parcel 32030-14-90030 Hi Jason, I just wanted to let you know that the PAC approved the recommendation to take the Salazar rezone to the BOCC. This is the rezone request that is in the Shelton UGA adjacent to the city line, near the old Del's Farm Supply and Hackney Dentistry. I briefed the commissioners on Monday and they wanted me to follow up with the city since we didn't receive formal comments on the SEPA and because of the proximity of the proposed rezone to the city. I also apologize if I should be including anyone else from the city in these emails. My former position as a current land use planner reviewed the more rural areas so I didn't have many chances to interact with city staff. The current schedule is consent agenda on May 11th to schedule a public hearing on June 8th. Commissioners want to give the city the heads up in case there was anything they want to add to the conversation. Thank you Jason. Sincerely, Marissa Watson I Senior Planner (Long Range Planning) Mason County Community Services 615 W Alder St I Shelton, Wa 98584 Email: mwatson0)co.mason.wa.us. Phone: O 360.427.9670 ext. 367 1 T 360.930.9037 *Please note:Mason County complies with the Public Records Act Chapter 42.56 RCW.As such,any e-mail sent to and/or from the County may be subject to public disclosure. The City of Shelton is subject to the Washington Public Records Act Chapter 42.56 RCW. This message and any attachments may constitute records subject to public disclosure pursuant to the Act. 2 Marissa Watson From: Severson, Dale <SeversD@wsdot.wa.gov> Sent: Saturday, May 22, 2021 11:11 AM To: Marissa Watson Cc: Larson, Andy Subject: RE: [EXTERNAL] Rezone and possible greens processing business siting Attachments: Street Map.pdf, 3 Site Plan-Salazar Warehouse Site Dev Reg Amend.pdf Hi Marissa, WSDOT is fine with this proposal. And FYI I am retiring after 39 years with WSDOT this Monday May 24th (probably when you read this email). My replacement is Andy Larson. Thanks and stay safe. Dale Severson, P.E. Development Services Engineer - WSDOT Olympic Region (360) 280-7206 - Telework hours are 6 to 4:30 M-TH - dale.severson@wsdot.wa.gov "What a Long Strange Trip It's Been"ends on May 24! From: Marissa Watson<MWatson@co.mason.wa.us> Sent:Tuesday,April 27, 2021 11:21 AM To: Severson, Dale<SeversD@wsdot.wa.gov> Subject: [EXTERNAL] Rezone and possible greens processing business siting WARNING:This email originated from outside of WSDOT. Please use caution with links and attachments. Hello Dale, I am the long range planner with Mason County. I'm currently working on taking a rezone request through the adoption process with the commissioners. I previously sent the SEPA out for comment and included you on the notification, I didn't receive any comments from you but the commissioners wanted me to follow up with you just in case WSDOT would have issue with the access that would be required for the future business if the rezone got approved. I've attached the street map with the access highlighted, as well as a draft site plan for the possible proposal. Parcel number is 32030-14-90030 Address: It is assigned 1045 SE State Route 3 in our permitting system but when you put this into google maps it takes you to the wrong location. The site is just west of the address 1043 wa-3 shelton,wa which is the old Del's Farm supply. The commissioners wanted to make sure this didn't raise any red flags for you. I will be taking this proposal back to them on May 11 for consent to have a public hearing on June 8th. If you have any input prior to those dates that would be appreciated. 1 Sincerely, Marissa Watson I Senior Planner (Long Range Planning) Mason County Community Services 615 W Alder St I Shelton, Wa 98584 Email: mwatson(abco.mason.wa.us. Phone: O 360.427.9670 ext. 367 1 T 360.930.9037 *Please note.Mason County complies with the Public Records Act Chapter 42.56 RCW.As such,any e-mail sent to and/or from the County may be subject to public disclosure. 2