HomeMy WebLinkAbout2022/08/01 - Briefing Packet MASON COUNTY COMMISSIONER BRIEFING INFORMATION
FOR THE WEEK OF
August 1, 2022
In the spirit of public information and inclusion,the attached is a draft of information for
Commissioner consideration and discussion at the above briefing.
This information is subject to change, additions and/or deletion, and is not all inclusive of
what will be presented to the Commissioners.
Please see draft briefing agenda for schedule.
1854
Briefing Agendas are subject to change, please contact the Commissioners’ office for the most recent version.
Last printed 07/28/22 at 4:08 PM
If special accommodations are needed, contact the Commissioners' office at Shelton (360) 427-9670 ext. 419
Our Commission meetings are live streamed at http://www.masonwebtv.com/ and we will accept public
comment via email msmith@masoncountywa.gov; or mail to Commissioners Office, 411 North 5th Street,
Shelton, WA 98584; or call 360-427-9670 ext. 419. If you need to listen to the Commission meeting via
your telephone, please provide your telephone number to the Commissioners’ office no later than 4 p.m. the
Friday before the meeting.
BOARD OF MASON COUNTY COMMISSIONERS
DRAFT BRIEFING MEETING AGENDA
411 North Fifth Street, Shelton WA 98584
Week of August 1, 2022
Monday, August 1, 2022
Commission Chambers
Times are subject to change, depending on the amount of business presented
9:00 A.M. Closed Session – RCW 42.30.140(4) Labor Discussion
10:00 A.M. Clerk’s Office – Sharon Fogo
10:10 A.M. Support Services – Mark Neary
11:00 A.M. Community Development – Dave Windom
11:05 A.M. Public Works – Loretta Swanson
Utilities & Waste Management
11:10 A.M. Executive Session – RCW 42.30.110 (1)(c) – Real Estate Discussion
Commissioner Discussion – as needed
}
Mason County
Agenda Request Form
'l
I.CtJ
To: Board of Mason County Commissioners
From: Sharon Fogo Ext.346
Department: Superior Court Briefing:
Action Agenda:
Public Hearing: ❑
Special Meeting: ❑
Briefing Date(s): August 1,2022 Agenda Date: August 2,2022
Internal Review: ❑ Finance ❑ Human Resources ® Legal ❑ Information Technology ❑ Other
(This is the responsibility of the requesting Department)
Below for Clerk of the Board's Use Only:
Item Number:
Approved: ❑Yes ❑ No ❑ Tabled ❑ No Action Taken
Ordinance/Resolution No. Contract No. County Code:
Item•
Interagency Reimbursement Agreement Amendment No. 1 with the Washington State Administrative
Office of the Courts(AOC)
Backuround/Executive Summary:
This amendment will bring the existing IA in line with the amended budget provisos in ESSB 5693 to
continue reimbursements of costs and legal financial obligations(LFO)payments. The AOC shall
reimburse Mason County up to$702,300 for extraordinary judicial,clerk,and prosecution-related costs
that arise from the County's role for resentencing,vacating prior convictions for simple drug possession,
and certifying refund of legal financial obligations and collections costs of defendants whose convictions
or sentences are affected by the State v. Blake decision incurred during the period of February 25,2021 to
June 30,2023 and up to$644,985 for payments made by the County during that same period.
Budget Impact(amount,funding source,budget amendment):
Extraordinary Expenses Reimbursement up to$702,300
LFO Reimbursement up to$644,985
Public Outreach(news release,community meeting, etc.):
N/A
Requested Action:
Approval of the Interagency Reimbursement Agreement Amendment No. 1 with the Washington State
Administrative Office of the Courts(AOC)for extraordinary expenses reimbursement up to $702,300 and
legal financial obligations reimbursement up to $644,985.
Attachments:
Agreement
ESSB 5693
DocuSign Envelope ID:E48FA7AF-3D69-4CC2-9707-2AD103733DC1
INTERAGENCY REIMBURSEMENT AGREEMENT AMENDMENT 1
BETWEEN
WASHINGTON STATE ADMINISTRATIVE OFFICE OF THE COURTS
AND
Mason County
THIS REIMBURSEMENT Amendment is entered into by and between the
Administrative Office of the Courts (AOC) and Mason County (County), for the purpose
of reimbursing for extraordinary costs that arise from the County's role in operating the
state's criminal justice system including resentencing, vacating prior convictions for
simple drug possession, making refunds and certifying refunds of legal financial
obligations (LFOs) and collection costs under the Blake decision.
PURPOSE
The purpose of this Amendment is to bring the existing Interagency Reimbursement
Agreement in line with the amended budget provisos in ESSB 5693; to continue to
make reimbursements of costs and LFO payments; and, when appropriate, to
change the amount available for reimbursements, all with the objective of assisting
Counties that have reimbursed or will reimburse LFOs to defendants whose
convictions or sentences in Superior Court and District Court are affected by the
State v. Blake decision. The amount available for reimbursement is set forth below.
Additionally, Subsection b) of section 4. TERMS OF REIMBURSEMENT is amended
to read as follows:
b) By May 1, 2023, the County agrees to report any allocated funds under either
Sections 1A. or 1 B. that it will be unable to spend during the term of the contract, or
any additional funds it anticipates needing during the term of the contract should
additional funds become available. AOC reserves the right to reallocate to other
counties funds that are reported to be unable to be spent.
Finally, the Project Manager for AOC is updated.
THE AMENDMENTS
1. The Reimbursement and Period of Performance are amended to read as follows:
REIMBURSEMENT
A. Extraordinary Expenses Reimbursement. AOC shall reimburse the County
AOC shall reimburse the County up to a maximum of $702,300 for
extraordinary judicial, clerk, and prosecution-related costs of that arise from the
County's role in operating the state's criminal justice system for the
resentencing, vacating prior convictions for simple drug possession and
certifying refund of legal financial obligations and collections costs of
defendants whose convictions or sentences are affected by the State v. Blake
IAA22179 Page 1 of 3
DocuSign Envelope ID: E48FA7AF-3D69-4CC2-9707-2AD103733DC1
decision incurred during the period of February 25, 2021 to June 30, 2023. No
reimbursement will be made under this Agreement for resentencing or vacation
costs incurred after June 30, 2023, and any reimbursement requests in excess
of this amount stated in this Section 1A will be denied unless AOC has
reallocated amounts as provided in Section 4(b) of this Agreement. If additional
funding is appropriated by the Legislature for these purposes, the amount of
reimbursement under this Agreement may be increased by agreement of the
parties.
B. LFO Reimbursement. AOC will reimburse the County up to a maximum of
$644,985 for payments made by the County during the period February 25,
2021 to June 30, 2023 pursuant to court order which required reimbursement
by the State of Washington of legal and financial obligations previously paid
by the defendant. No reimbursement will be made under this Agreement for
resentencing or vacation costs incurred after June 30, 2023, and any
reimbursement requests in excess of this amount stated in this Section 2B will
be denied unless the amount is revised after reallocation by AOC as provided
in Section 4(b). If additional funding is appropriated by the Legislature for
these purposes, the amount of reimbursement under this Agreement may be
increased by agreement of the parties. Nothing in this Agreement requires
the County to make payments pursuant to a court order when the funds
available for reimbursement are less than the amount of the payment.
C. General. AOC shall provide reimbursement to the County for approved and
completed reimbursements by warrant or account transfer within 30 days of
receipt of a properly completed A-19 invoice and the completed data report as
required below.
D. The maximum combined reimbursement under this contract is the sum of the
amounts specified in Subsection 1A and 1 B, and subject to modification as
set forth herein.
PERIOD OF PERFORMANCE
Performance under this Amendment begins July 1, 2021, regardless of the date of
execution, and ends on June 30, 2023. The period of performance may be
amended by mutual agreement of the parties if the Legislature provides additional
funding or time for these purposes. The parties recognize and anticipate that in
2023 a centralized LFO Refund Bureau will be established to make direct
reimbursements of LFO to persons entitled to refunds.
AGREEMENT MANAGEMENT
The program managers noted below are responsible for and are the contact people for
all communications and billings regarding the performance of this Agreement:
IAA22179 Page 2 of 3
DocuSign Envelope ID:E48FA7AF-3D69-4CC2-9707-2AD103733DC1
AOC Program Manager Court Program Manager
Sharon Swanson Name
Blake Implementation Manager Title
PO Box 41170 Address 1
Olympia, WA 98504-1170 Address 2
360-704-4062 Phone
Sharon.Swanson@courts.wa.gov Email
ENTIRE AGREEMENT
All other provisions of the existing Interagency Reimbursement Agreement between
the County and AOC that is not modified by this amendment remains in effect. This
Amendment together with the Reimbursement Agreement constitutes the entire
agreement of the parties.
AGREED:
Administrative Office of the Courts Mason County
Signature Date Signature Date
Christopher Stanley Kevin Shutty
Name Name
Title Title
IAA22179 Page 3 of 3
�Pep•1 CpUMTf
Mason County Administrator
411 N 5t Street
Shelton, WA 98584
(360) 427-9670 ext. 419
Mason County Commissioner
Briefing Items from County Administrator
August 1, 2022
• Specific Items for Review
Revised Operating Guidelines,Agenda Request Form,&Meeting Rules—Diane
Review of Senator Tim Sheldon proclamation—Diane
Honorary naming of Public Works facility to Senator Tim Sheldon Public Works facility—Diane
Fund Balance Reserve Policy—Jenn
Chart of Accounts status—Jenn
2023 Budget Process—Jenn
American Rescue Plan Act(ARPA)of 2021 review—Jenn
Security system upgrade for downtown campus—Diane
-� Follow up request from North Mason Soccer Club for field use—John
News release for Parks Advisory Board members—John
Housing Authority applicant Dale Elmlund—Mark
Award recommendation for Architectural and Engineering Services—Mark
• Commissioner Discussion
Mason County
Agenda Request Form
To: Board of Mason County Commissioners
From: Diane Zoren Ext. 747
Department: Support Services Briefing:
Action Agenda:
Public Hearing: ❑
Special Meeting: ❑
Briefing Date(s): 8/1/22 Agenda Date: 8/16/22
Internal Review: ❑ Finance ❑ Human Resources ❑ Legal ❑ Information Technology ❑ Other
(This is the responsibility of the requesting Department)
Below for Clerk of the Board's Use Only:
Item Number:
Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken
Ordinance/Resolution No. Contract No. County Code:
Item: Review revised Operating Guidelines and Commission Meeting Rules
Back2round/Executive Summary:
The Commission Operating Guidelines provide guidelines to assure that the "Rules of the Board" (Mason
County Code Chapter 2.88)are carried out with efficiency and unity and are responsive to the public;
inform County Officials and employees of the requirements for submitting items to the Mason County
Board of Commissioners for consideration; establish clear and consistent processes and formats for
submission of items to the Commission; and ensure that procedures provide adequate public notice and
facilitate public participation in, and knowledge of, Commission deliberations and actions.
Staff is recommending updates to the Guidelines, some are housekeeping items and some are for
efficiency such as creating one Agenda Request Form (formerly known as the Agenda Summary) that is
submitted once for the entire briefing and action agenda process. Another efficiency is that only one
copy along with original documents are submitted to the Clerk of the Board.
The Commission Meeting Rules (Mason County Code Chapter 2.88) need to be updated to reflect the
current meeting schedule (every-other-Tuesday, no regular evening meeting); remove any restrictions
on Board members attending meetings remotely and that public comments are heard in regular and
special meetings and during public hearings.
The Briefing and Agenda Summary Forms have been combined into one Agenda Request Form.
Budget Impact: N/A
Public Outreach (news release, community meeting, etc.): Once approved, revised policies and Agenda
Request Form will be circulated internally.
Requested Action: Place the resolutions revising the Operating Guidelines and Commission Meeting
Rules on the August 16 Action Agenda.
Attachments: Revised Operating Guidelines, Commission Meeting Rules &Agenda Request Form
RESOLUTION NO.
A RESOLUTION AMENDING RESOLUTION 02-19 AND THE COMMISSIONERS'
OPERATING GUIDELINES
WHEREAS, the Board of Mason County Commissioners adopted the Operating Guidelines on
May 20, 2014 to ensure the Rules of the Board (Mason County Code Chapter 2.88) are carried out with
efficiency and to establish clear and consistent processes and formats for submission of items to the
Commission; and,
WHEREAS,the Operating Guidelines need to be updated to reflect small grammatical changes,an
updated Agenda Request Form,and updated process changes that provide efficiencies; and
NOW,THEREFORE,BE IT RESOLVED,that the Board of County Commissioners of Mason
County hereby adopts the amended Operating Guidelines as Attachment A.
DATED this day of ,2022.
BOARD OF COUNTY COMMISSIONERS
ATTEST: MASON COUNTY,WASHINGTON
McKenzie Smith,Clerk of the Board Kevin Shutty,Chair
APPROVED AS TO FORM:
Sharon Trask,Vice-Chair
Tim Whitehead,Chief Deputy Prosecuting
Attorney Randy Neatherlin,Commissioner
J:\RESOLUTIONS&ORDINANCES\RESOLUTIONS -ORDINANCES Word Files\2022\Commissioners Operating
Guidelines.docx
Attachment A
MASON COUNTY
BOARD OF COMMISSIONERS
OPERATING GUIDELINES
50T1 co
1854
Original Adoption on May 20, 2014, Resolution No. 29-14
Amended November 7, 2017, Resolution 64-17
Amended January 15, 2019, Resolution
Amended
MASON COUNTY BOARD OF COMMISSIONERS OPERATING GUIDELINES
TABLE of CONTENTS
1. PURPOSE....................................................................................................................................................3
2. PUBLIC MEETINGS.....................................................................................................................................3
2.1 Meetings-General Rules/Definitions. .............................................................................................3
2.2 Submitting Items to the Commission for Sessions or Meetings........................................................5
2.3 Submitting Documents at Time of Meeting to be Avoided...............................................................6
2.4 Agenda Item c,,.,,., aFy Request Form Required...............................................................................6
2.5 Other Documentation May be Required.........................................................................................76
2.6 Discussion at Briefing Required.........................................................................................................7
2.7 Moving an Item from Briefings to a Regular Meeting.....................................................................8-7
2.8 Adding Items to Briefing or Regular Agenda after Deadline...........................................................98
2.9 Signatures on Documents................................................................................................................99
2.10 Documents to be Maintained/Official File......................................................................................99
3. PUBLIC HEARINGS..................................................................................................................................109
3.1 Submission of Notice of Public Hearing Prior to Hearing Date.....................................................10-9
3.2 Conducting the Public Hearing......................................................................................................119
3.3 Hearings Where the Commission is Acting in A Quasi-judicial Capacity.....................................1140
4. PUBLIC NOTICE REQUIRED ON SOME ITEMS.......................................................................................1244
5. RESOLUTIONS AND ORDINANCES .......................................................................................................1244
6. PROCLAMATIONS................................................................................................................................1344
7. MEETING MINUTES..............................................................................................................................134-2
AttachmentA.............................................................................................................................................144-3
AttaehFnent ........................................................................................................................................... .15-14
MASON COUNTY BOARD OF COMMISSIONERS OPERATING GUIDELINES
1. PURPOSE
The purpose of this policy is to:
• Provide guidelines to assure that the "Rules of the Board" (Mason County Code Chapter 2.88) are
carried out with efficiency and unity and are responsive to the public;
• Inform County Officials and employees of the requirements for submitting items to the Mason County
Board of Commissioners for consideration;
• Establish clear and consistent processes and formats for submission of items to the Commission;
• Ensure that procedures provide adequate public notice and facilitate public participation in, and
knowledge of, Commission deliberations and actions.
2. PUBLIC MEETINGS
2.1 Meetings-General Rules/Definitions.
Open Meetings. All meetings of the Board of Mason County Commissioners shall be open and public
in accordance with RCW 42.30 (The Open Public Meetings Act). An opportunity for public questions,
testimony, and input comment by either -written message or oral presentation will be provided at all
regular Commission FegulaFbusiness meetings.
The Open Public Meeting Act establishes some basic procedural requirements that apply to all meetings of
a governing body, `"'hetheF they
aFe regwiaF or special ., e t 4gs. With the narrowly defined exception of
Executive or Closed Sessions, all meetings of a governing body are, under the Open Public Meetings Act,
either Regular or Special meetings. It does not matter if it is called a "Study Session",er a "Briefing/Work
Session",or a-"retreat;" it is either a Regular or Special meeting.
The Rules of the Board are established by County Code Chapter 2.88 (Ordinance#09-13). These Operating
Guidelines pertain to the Commission's functioning regarding:
a. Regular Business Meetings. A regular business meeting of the Commission is normally
noticed and scheduled for eac#Tuesday(excelat the fi4h Tuesday)to transact regular business.
b. Special Meetings. A special meeting may be called at any time -by a majority of the
members of the Commission by providing appropriate notice at least 24 hours
before the time of the special meeting, specifying the time and place of the special
Page 3
meeting and the business to be transacted. Notice shall be posted at the entrance
to the meeting room and posted on the County's web site. Final action shall not be
taken on any other matter at such meeting. Notice of such meetings shall be in
accordance with RCW 42.30.080 (The Open Public Meetings Act: Special Meetings).
C. Emergency Meetings. The notice required for special meetings may be waived in the event
4that a meeting-is called to deal with an emergency involving injury or damage to persons or
property or the likelihood of such iniury or damage.,eensisteRt with Geunty Code GhapteF 2 QQ
d. Briefing or "Work Session". The Commission may meet in weekly briefing/work sessions.
Briefings are held at the request of at least two Commissioners and are conducted with a
quorum of the Commissioners present. Some will allow for public input and discussion, at the
discretion of the Commissioners present. Briefings are scheduled for the purpose of providing
the Commission information on topics of interest that will update the Commission on pending
issues, provide pertinent policy making information, and/or provide for an initial or final
review of matters to come before the Commission at a regular meeting or public hearing.
Briefings may involve a single or multiple Departments or Elected Offices and may be held at
any time, but are normally scheduled on Monday Tuesdays eF Wednesdays.
e. Study Sessions. Study sessions may be scheduled as needed to provide an opportunity for the
Commission to consider matters requiring more in-depth study and discussion, items of
County-wide interest or impact, or topics on which the Commission desires to provide an
opportunity for numerous Department Heads or Elected Officials to provide input. They also
can provide time for presentation of information on a variety of topics of interest to the
Commission and to citizens.
Study sessions will be held in a variety of formats to best accomplish their purpose.
Some will allow for public input and discussion. Others will be internal, informal work sessions
for the Commission, with free and open discussion of problems and alternatives, which the
public is welcome to hear. The agenda or the presiding officer shall make clear, before each
meeting, the format of that meeting.
Typically, Commission action shall not be taken during study sessions; however, as
i e� ed �nrn*i^^ b abeve, if previously noticed with an appropriate agenda, a
special meeting may directly follow a study session.
f. Executive Sessions and Closed Sessions. The Commission may meet in executive session to
discuss matters set forth in RCW 42.30.110 including, but not limited to pending litigation, site
acquisition of real estate and the price thereof, and certain personnel matters. Similarly, the
Commission may also meet in Closed Session to discuss matter set forth in RCW 42.30.140. It
is noted that RCW 42.30.060(1) provides, however,that"No governing body of a public agency
shall adopt any ordinance, resolution, rule, regulation, order, or directive, except in a meeting
open to the public...." and therefore no final action may be taken in an Executive or Closed
Session. Executive Sessions and Closed Sessions aFe that peFtien of a Fneeti-g +k-,r Vshall
Page 4
be closed to the public but eRly for the specified purposes as identified within the enabling
RCW.
9 Adjournment. Any regular, adjourned regular, special, or adjourned special meeting may be
adjourned in the manner set forth in RCW 42.30.090 (The Open Public Meetings Act:
Adjournments).
g.h. All meetings are subject to cancellation or rescheduling.
2.2 Submitting Items to the Commission for Sessions or Meetings
Documents submitted to the Commission for consideration at either briefing,e-r-regular, or special
meetings are due to the Commissioners' office no later than noon on Wednesday of the prior week.
All documentation should be submitted on 8.5" x 11" paper. Legal paper should be avoided whenever
possible.
• Agenda Items require n AgendG Item fuRgmGry(A+taehment Al
• Briefing items require a Rrlefing 1+e.,-, ummGr-y (Attachment B)
• Briefing regular, or special items require an Agenda Request Form (Attachment
• If applicable it is the Department's responsibility to have their documents reviewed by the
following: budget human resources and legal. Please check the appropriate boxes on the Agenda
Request Form.
As a general rule, all documents should be submitted with the ite+44-Agenda Request Form on
Wednesday. However, if nAetfiC--at4A-A. A-f. an agenda item has been provided by the Wednesday
+h- 0 Th Fsda,, The Commis c the agenda at 10 a n Thu r However, if the
Clerk of the Board has been given notification, documents may be accepted after the aforementioned
deadline. Commissioners' Office staff must have time to prepare the agenda, review documentation,
and have the agenda and documentation packets ready for review by that timein a timely manner.
briefiRg meetiRg items (3 hole punch the copies). Please submit ene cepy ef ye6ir Meeting iterns (both
regular meet.ng and briefing) SiRgle sided for the Clerk's recerd which is ;r-aAAPd and pE)Sted An thp
Note: Sufficient copies mean the required originals documents and one printed copy, three-hole
punched. c fnr the+,.,., r eel Agenda Req a-t PArm olpal;e note that eRe eepy c+ hp+hroo_
hole punched and stapled
Page 5
Items not submitted by the deadlines will may be retained for the next week's
briefing or regular business meeting. Additionally, items may Abe postponed tom-e n
week due to time constraints, to allow for sufficient time few-to review, conflicts with Commissioners'
schedules, or other reasons. Departments will be notified by Commissioners' Office staff as soon as
possible after the agenda review if items are postponed.
The above applies to all Sessions 9FMeetings except Executive or Closed Sessions.
Most items Item are required to be briefed with the Commission before being placed upon the Action
Agenda, including the AGtian ^gen4a with very narrow exceptions.
Additionally, a single briefing does not assure ensure that an item will be advanced or placed upon the
Action Agenda. In all instances,the Commission reserves the discretion to provide for time for legal
review,to gather additional information, or to allow for additional internal or public comment.
2.3 Submitting Documents at Time of Meeting to be Avoided
Documents on many different issues are submitted to and reviewed by the Commission each week. All
documents for discussion items should be submitted by the deadline. Commissioners typically review
the documents in their packets over the weekend se-they-a-Feto be prepared for discussion at briefings,
armregular, and special meetings. The documents are also made available on the County's web page
site for public review prior to the meeting.
Departments should avoid waiting until the briefing-meetinL to submit documents. The Commission
cannot be expected to review documents during a discussion. Departments that submit documents at
the time of the��meeting (Fath^F th,^ ars ,h^v^f^r the h'i^fi^^ ^ eket` may be asked to
reschedule the item for the ^^"t�Afeeka later date so Commission members have the opportunity to
review the issue in its entirety. Any documents brought to the Commission at the meeting time must
include sufficient copies.--,;define`'' in this peliGy.
2.4 Agenda Request Form Required
An Agenda Request Form is required for all items submitted to the Commission. The Commission
receives a large amount of information from various depaFtments Departments and it is not unusual to
have dozens of items in a packet.This form^^^^4a&uwa,@+4e-s provides the Commission FnembeFs and
the public with the GFUx a summary of an issue
glean the RfO atie
f.,r whorh r'.,.,-,FA*1;.iAA Asti.,., ested An example is Attachment A
Page 6
2.5 Other Documentation May be Required
Certain agenda items may, , require the submission ofetheFsupplemental
documents in order to be considered by the Commission. County 9#iEiak staff are responsible to
ensure that required documents are submitted. Failure to submit required documents may result in
postponement of the item until documentation is received. Items requiring additional documentation
include, but are not limited to:
a. Contracts and Purchases
• An original contract preferably already signed by any additional party(ies).
• Copy of completed budget change form if approval of the contract requires a budget
change.
• Bid tabulation if the contract or purchase requires either informal quotes, formal bids, or
an RFP.
b. ApplyiRg f9F a GFant Grant Application-
- Grant application questionnaire.
C. Proposed Ordinances/Resolutions
-Original signed by legal Eel
- Electronic Word copy
d. Notice of Hearing
• Electronic Word copy
e. Appointment/Re-appointment
• Hard copy letter
• Addressed and stamped envelope
2.6 Discussion at Briefing Required
Items that require final action by the Commission at a regular meeting, require discussion at briefing.
The following is an illustrative list of items requiring briefing and is not intended to be all-inclusive:
a. Any action that will have an impact to the budget, including_contracts—renewals,extensions,
or amendments,, , grantsi or purchases that require a budget
change.
b. Grant applications-- prior to the application submission=a GFaR grant application
questionnaire is required.
C. Proposed ordinances/resolutions.
d. Proposed purchase or sale of real property or granting of easements (may require Executive
Session).
e. Administrative Policy proposals.
Page 7
f. Any item requiring a notice of public hearing.
g. Any issue that is, or the County Official believes may become, an item of high public awareness
or create a high level of public opinion.
h. Interlocal agreements.
i. News Releases/Proclamations
Only very narrow exceptions to the above will be considered. Dlease net nete, heweveF, that the The lack
of having a briefing on a topic may increase the likelihood that the item will NOT be acted upon when
presented for final action on the agenda. It may be necessary to provide for time for Board or legal
review,to gather additional information, or allow for additional internal or public comment.
Exceptions to the requirement to brief may include:
a. Items of an urgent matter where information or process was reasonably not available.
b. Increased risk to County operations or services without expedient action.
C. Executive or Closed Session items which require a final action in an open meeting.
d. Emergency session items are exempt, by definition.
No item will be placed on an Regular Business Meeting Agenda without consent of a majority
of the Commission.
Please note, however that it shall be the responsibility of the presenting party to create an Agenda
item S,,.,,map, Request Form (Attachment A) and to be available at the meeting for questions or
discussion.
2.7 Moving an Item from Briefings to a Regular Meeting
Typically, items are scheduled for briefing discussion one week and then for the regular meeting i#e-
following wee-kone or two weeks out.This scheduling gives the Commission the opportunity to ask
questions, make modifications, and request more information, etc., without the matter already being
on the published agenda for the regular meeting.
For efficiency, and at the Board's discretion, items that are briefed may be added to the next regular
meeting action agenda.
Items that are briefed and approved to move to a regular meeting action agenda will de Rat
automatically move to the regular agenda for final action, provided that any necessary documentation has
Page 8
been provided by the requesting staff to the Clerk of the Board.
a.
Occasionally the Commission may desire further consideration of an item at a later date. Even
though discussion may occur during the briefing about a future date, departments are
responsible to schedule the item according to this policy.
b. Items that may need further discussion, do not have all required paperwork, dec meets+� +
have not been reviewed by the pFeseeu#eflegal, human resources, etc., are the responsibility
of the department to complete the follow-up required.
2.8 Adding Items to Briefing or Regular Agenda after Deadline
Occasionally items are received by departments and/or the Commission that are time sensitive and
must be considered at the next meeting. It is the policy of the Commission to add items after the
agenda deadline only if waiting until the next week causes significant impact to Mason County citizens.
Adding items after the deadline can decrease public knowledge and participation since the item is not
published as part of the agenda. Additions to either briefing or the regular meeting agenda may be
made only with permission of a majority of the Commission.
2.9 Signatures on Documents
Except as noted below, the Commission Chair signs all documents requiring the signature of the
Commission, and the Chair's signature, is as legal and binding as if all members had affixed their
names, provided the signature is authorized by the Commission. Only the signature line of the
Commission Chair is required on these documents. In case the Chair is absent at any meeting of the
Commission, all documents requiring the signature of the Commission are signed by the Vice Chair.
Certain documents require signature lines for all Commission members.These include resolutions,
ordinances,affd-proclamations, and news releases. Documents prepared by other agencies that come
to the County with all Commission members' signature lines do not require the document to be
revised.
It is the responsibility of the submitting deftaftmeotpepartment/Elected e€#ir-e Office to obtain the
appropriate legal review and signature from the Prosecuting Attorney's 94meeOffice. This must occur
before being approved by the Commission.
2.10 Documents to be Maintained Electronically
Departments are responsible to maintain the official record and file of any documents submitted to
the Commission.The Commissioners'e#fic�Office does not create a file on each issue or item
submitted for consideration. The Commissioners'e##+Ee Office will maintain an electronic file
Page 9
containing one copy of all documents considered during each public meeting.There
dec eAtsAgenda packets are filed by meeting date and are archived and transferred to State
Archives in compliance with applicable retention schedules.
If documents are exempt from public disclosure,the documents exempt must be clearly and
prominently marked at the top of the front page by the submitting Department/Elected Official.
placement OR -R later meeting ageRda. IR erd-er to Fed- ests, depaFtments should maintain
any ceps-that-requiFe re submission fee the . „laF, Rda
3. PUBLIC HEARINGS
Public hearings provide an opportunity for citizens to give direct input to the Commission on matters
being considered. It is the policy of the Commission to conduct public hearings in a manner that allows
input from the maximum number of citizens possible and respects the opinion of all those wishing to
testify.
3.1 Submission of Notice of Public Hearing Prior to Hearing Date
Public hearings are required to be held prior to certain legislative actions by the Commission. Examples
include changes to Mason County Code, proposed ordinances or amendments, adoption of the County
budget, budget emergencies, purchase or sale of properties, and road vacations. It is up to the
de^aTDepartment/Elected Official requesting the public hearing to know the public hearing
notice requirements and provide the appropriate documents for publication.
In order to hold a public hearing, the e9unty County must publish a "Notice of Public Hearing" long
enough before the actual hearing to comply with the requirements to advertise the hearing in the
designated "Official County Newspaper." Depending on how many times the Notice must be
published, the Notice must be adopted at the Commission's regular meeting at least twE) *^three
weeks P ,to the date .,f the hearing in „FdeF to meet the mews,-peFfs deadliReand must allow time
to comply with applicable notice requirements.
In addition to the required public notice,the Commission, at its discretion, may direct the public
hearing to be additionally advertised. In order to maximize the opportunity for public comment, the
Commission encourages matters being considered at a public hearing to be posted on the County's
web yagewebsite as soon as practical after the approval of the Notice of Hearing. This is done as a
courtesy and is not intended to create any additional legal requirements. It is the responsibility of the
�'e^�,e„TDepartment/Elected Official requesting the public hearing to post the appropriate
Page 10
documents on the website. HaweveF,this is to be done as a uFtesy and is of intended to create aRy
3.2 Conducting the Public Hearing
Public hearings are conducted as regular items on the Commission's published agenda. In order to
ensure that the public hearing is conducted in a manner that encourages maximum public
participation and respect for varying opinions,the Commission will generally adhere to the following
rules:
a. A sign-up sheet will be available for the public to indicate their desire to testify. Speakers will
generally be heard in the order in which they sign up,followed by an opportunity for those who
did not sign up to comment. In order to maintain an accurate public record, all citizens testifying
will be asked to state their name and addFess-general location for toe-permanent record.
b. The Commission, at its discretion, may limit the comment period for each speaker so that all can
be heard.
c. General comments from audience members, applause, booing, offensive language,threats, or
other disruptive or inappropriate behavior are not allowed and may result in removal of the
individual from the public hearing.
d. Public hearings are intended to provide information and opinions from citizens to the Commission.
They are not intended to be a debate between those on opposing sides of an issue, nor to weigh
how many on each side of an issue attend.The Chair, at its discretion, may limit testimony that
provides no new information and/or comments intended solely to debate another person's
position on a particular issue while not providing new information to the Commission.
In most cases,the Commission will also consider testimony and comments made by citizens using
written communications,—or electronic means such as e-mail, and by telephone. Comments directed to
the Commission made in any of the above forms between the date of approval of the Notice and the
close of the actual public hearing will be considered as public testimony. In the case of telephone calls,
a record will be made of the caller's name and telephone number and whether the individual is
generally for or opposed to the issue being considered. Other comments may be included as time
permits.All comments made in writing, by e-mail, or by telephone between the dates above sheuld
shall be directed to the Clerk of the Board for distribution to all Commission members and inclusion in
the official record. All such communications shall be noted as part of the record at the public hearing.
3.3 Hearings Where the Commission is Acting in A Quasi-judicial Capacity
In some cases, such as re-zone requests, the Commission is acting in a quasi-judicial capacity, rather
than a legislative capacity. In such cases, no person shall communicate ex parte,directly or indirectly,
with an individual Commission member concerning the merits of the matter before the Commission or
with the Commission as a whole at any time other than the public hearing duly noted for the matter.
Page 11
Any communication received by the Commissioners' Office, whether intended for the Commission as a
whole or for an individual Commissioner, shall be transmitted to the appropriate department for
presentation by County staff at the public hearing, if appropriate.All written communication directed
to an individual Commission member or the Commission as a whole shall be disclosed and made part
of the record or the hearing.
Members of the Commission shall not communicate ex parte, directly or indirectly,with any person
concerning the merits of a quasi-judicial matter before the Commission.
If a prohibited ex parte communication is made to or by a member of the Commission, such
communication shall be publicly disclosed and guidance shall be sought from the Prosecuting
Attorney.
Ex parte communication will not be considered by any member of the Commission as part of his/her
decision.
Other processes, such as land use closed record appeals may have specific rules governing receipt of
testimony, written communications, and/or ex parte communications.
4. PUBLIC NOTICE REQUIRED ON SOME ITEMS
45.1 Budget Items
Certain items related to the budget process such as supplemental appropriations require specific
public notice of the meeting where the matter is to be considered. In those situations, the depawneRt
Department/Elected Official is responsible to be aware of public notice requirements and is
responsible to submit items far enough in advance for the required public notice to be accomplished.
5.2 Requests for Proposals, Requests for Qualifications,and Calls for Bids
County Officials are responsible for tracking notice requirements for Requests for Proposals, Requests
for Qualifications, and Calls for Bids so that notice can be made in compliance with applicable State
and Federal law and comply with County policy.
5. RESOLUTIONS AND ORDINANCES
Some actions to be considered by the Commission must be accompanied by a written resolution or
ordinance. Any request for resolution or ordinance will include substantiation of the need, basin or
Page 12
purpose. The depaFtment Department/Elected Official is responsible to be aware of the appropriate
format and will be Fespeng*h'p for any required legal review and signature of the document7 prior to
presentation to the Commission. Items requiring a written resolution or ordinance include, but is not
limited to: Mason County Code additions or amendments, adoption of the budget or budget changes,
sale or purchase of land road vacations, and adoption or amendment of County policy.
6. PROCLAMATIONS
Proclamations are used to provide a mechanism for a group, organization, office, or department to
request that the Commission proclaim a date honoring their achievements; or providing public
awareness of theiF 's issues. In addition, the County may make a local proclamation of any State
or Federal proclamation for public awareness of a group or issue.
Proclamations are submitted to the Commission for consideration according to the submission
processes outlined in this policy. Commissioners' staff will assist agencies outside County government
in formatting,a++d-completing proclamations, and submittal to the Commission.
7. MEETING MINUTES
The Commission maintains written minutes of all Commission meetings. Preparation of minutes is the
responsibility of the Clerk of the Board. Minutes for previous meetings are adopted by Commission
motion at their regular meeting. Minutes will be posted by the Clerk of the Board to the County's
website for access by the public.The minutes shall serve as a summary of the meeting and, at a
minimum, will reflect the following:
a. The date and time the meeting convened and adjourned.
b. Commission members present.
c. General topics and items considered (including discussion items).
d. If a public hearing is held,the names of persons submitting verbal or written testimony, and
whether they spoke in favor, or in opposition to the proposal for which the hearing was held. If the
individual providing testimony is providing such testimony on behalf of a group, organization, or
agency,the agency shall be noted as well.
e. Commission motions, and the result of any vote taken by the Commission.
The Commission may occasionally meet in joint session with the board or council of another municipal
jurisdiction.The Commission may rely on and adopt the official minutes of the other jurisdiction at the
Commission's discretion.
Members of the Commission sit as board members on boards and commissions of other agencies at a
Page 13
local, regional, state, and federal level. Mason County relies on those agencies' official minutes and
does not maintain separate minutes.
MASON COUNTY
AGENDA ITEM f CORM
TO! BOARD AG MASON COUNTY COMMISSIONERS
From.! Action Agenda
Other
vzPAT M E N� EXT
DATE: Agenda Item #
(ce.m.m.;�-sioner staff to ceFnj)ILaWj
BRIEFING DATr '
BRIEFING PRESENTED BYm
1TEM WAS NOT PREVIOUSLY BRiEFEDWITII THE BOARD
Pi We explanation of urgenc
TT
Page 14
EXECUTIVE SUMMA12y; (if applicable, please include available options and peten
selutoons)
BUDGET TMPAf TC.
RECOMMENDED Af T ON
ATTACHMCIUTC.
i4ttachment 1,
MASON COUNTY
BRIEFING TTCM CIIMMA W LARM
TO, BOARD OF MASON COUNTY Z'V1RCTr.FROM
DEPARTMENT.,
BRIEFING DATE;
Previous Briefing Dates.!
(if this as a follow up briefing, please provide only new information)
TTW
Page 15
BUDGET TMPACTC,
RECOMMENDED OR REQUESTED ACTION.,
1►TTACHME TC.
Page 16
Mason County
Agenda Request Form
To: Board of Mason County Commissioners
From: Click or tap hereto enter text. Ext. Click or tap here to enter text.
Department: Choose an item. Briefing: ❑
Action Agenda: ❑
Public Hearing: ❑
Special Meeting: ❑
Briefing Date(s): Click or tap here to enter text. Agenda Date: Click or tap here to enter text.
Internal Review: ❑ Finance ❑ Human Resources ❑ Legal ❑ Information Technology ❑ Other
(This is the responsibility of the requesting Department)
Below for Clerk of the Board's Use Only:
Item Number:
Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken
Ordinance/Resolution No. Contract No. County Code:
Item:
Background/Executive Summary:
Budget Impact(amount, funding source, budget amendment):
Public Outreach(news release, community meeting, etc.):
Requested Action:
Attachments:
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE 21-16 AND COUNTY CODE CHAPTER 2.88 —
MEETINGS OF BOARD OF COUNTY COMMISSIONERS
WHEREAS, the Mason County Commissioners have been meeting for regular business
every-other Tuesday and the Mason County Code Chapter 2.88 needs to be amended to reflect
the revised schedule along with removing the regular fourth Tuesday 6 p.m. meeting; and
WHEREAS, the Open Public Meetings Act was amended in the 2022 Legislative Session
allowing the governing body to attend Commission meetings remotely so all restrictions
regarding remote attendance in Chapter 2.88 need to be removed; and
WHEREAS, public comment must be allowed at meetings when final action is taken and
other housekeeping changes are included in the amendments;
NOW, THEREFORE BE IT RESOLVED, the Board of Mason County Commissioners hereby
amends Mason County Code Chapter 2.88, Meetings of Board of County Commissioners
(Attachment A) for the conduct of Commission meetings, proceedings and business. These rules
shall be in effect upon adoption by ordinance of the Commission and until such time as new
rules are adopted by ordinance.
DATED this 16th day of August, 2022.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
ATTEST:
Kevin Shutty, Chair
McKenzie Smith, Clerk of the Board
APPROVED AS TO FORM: Sharon Trask, Commissioner
Tim Whitehead, Chief DPA Randy Neatherlin, Commissioner
1\RESOLUTIONS&ORDINANCES\RESOLUTIONS-ORDINANCES Word Files\2022\Rules of the Board -Chpt
2.88.docx
Title 2-ADMINISTRATION AND PERSONNEL
Chapter 2.88 MEETINGS OF BOARD OF COUNTY COMMISSIONERS
Chapter 2.88 MEETINGS OF BOARD OF COUNTY COMMISSIONERS'
2.88.010 Regular business meetings.
Regular business meetings of the Board of Mason County Commissioners are held at 9:00 a.m.eaeh everv-
other-Tuesday, IAA the fifth T••""'IRY(i•these menths that hamp.r•-Tuesdays)in the Commission Chamber,
411 North 51-1 Street,Shelton,Washington to transact regular business,(RCW 36.32.080)provided that:
(1) If a holiday recognized and observed by the county falls on a Tuesday,such regular meeting shall be
held on the next business day,per RCW 42.30.070;
(2) If,due to an emergency,it is unsafe to meet in the commission chambers,meetings may be held for
the duration of the emergency at such place as is designated by the chairperson of the board;
(a4) The regular working session(briefings)may be held on Mondays from 8:00 a.m.to 5:00 p.m.,on
Tuesdays following the regular commission meeting until 5:00 p.m.and on Wednesdays from 8:00 a.m.
to 5:00 p.m.At these meetings,the board is briefed by staff and discussion may occur with other
agencies.These are generally not decision-making meetings,however,occasionally an action is taken;
(_46) The board may hold continued meetings in accordance with requirements of the law and may conduct
continued meetings in the evening;
(56) As an alternative option,regular meetings may be held at a location outside of the county seat but
within the county if the county legislative authority determines that holding a meeting at an alternate
location would be in the interest of supporting greater citizen engagement in local government.This
alternative option may be exercised no more than once per calendar quarter and may be held on the
fifth Tuesday.Notice must be given at least thirty days before the time of the meeting.The notice must
be a)posted on the county's website;b)published in a newspaper of general circulation In the county;
and c)sent via electronic transmission to any resident of the county who has chosen to receive the
notice required under this section at an electronic mail(erpail)address.
(k7) Any two or more county legislative authorities may hold a joint regular or special meeting solely in the
county seat of a participating county if the agenda item or items relate to actions or considerations of
mutual interest or concern to the participating legislative authorities.A legislative authority
participating in a joint regular meeting held in accordance with this subsection must,for purposes of
the meeting,comply with notice requirements for special meetings provided in RCW 42.30.080 and
Mason County's policy is to strive to provide a fourteen-day notice.This notice requirement does not
apply to the legislative authority of the county in which the meeting will be held.
Board members may participate in meetings via conference call or videoconference.it is Feeemmended
'Editor's note(s)—Ord.No.21-16,adopted April 12,2016,amended Chapter 2.88 in its entirety to read as herein
set out.Former Chapter 2.88,§§2.88.010-2.88.110,pertained to the same subject matter and derived from
Ord.No.09-13,Att.A,adopted February 19,2013;Ord.No.50-14,Att.A,adopted September 16,2014;Ord.
No.11-16,Att.A,adopted February 2,2016.
Mason County,Washington,Code of Ordinances Created:2022-0-17 11:55:49[EST]
(Supp.No.58,2-22)
Page 1 of 5
All board meetings shall be open to the public.However,the board
may retire to executive session by majority vote and in compliance with the law(RCW 42.23 and RCW 42.30.110).
Nothing in this section shall prohibit the board of county commissioners from adjourning Tuesday meetings
from time to time,or from calling special meetings in accordance with notice requirements of law(RCW 42.30),or
from cancelling a commission meeting.
(Ord.No.21-16,Att.A,4-12-2016)
2.88.020 Special meetings.
Special meetings(RCW 42.30.080)may be called at any time by a majority of the members of the board by
providing written notice personally,by mail,by fax,or by e-mail at least twenty-four hours before the time of the
special meeting to each member of the board,to each local newspaper of general circulation,and to each local
radio or television station that has a written request on file with the governing body to be notified of special
meetings.
Notice shall be posted at the entrance to the meeting room and posted on the county's web site.The notice
shall specify the time and place of the special meeting and the business to be transacted.Final action shall not be
taken on any other matter at such meeting.
Written notice to a member of the governing body is not required when a member files at or prior to the
meeting a written waiver of notice or provides a wavier by telegram,fax or e-mail or the member is present at the
meeting at the time it convenes.
(Ord.No.21-16,Att.A,4-12-2016)
2.88.030 Emergency meetings.
The notice required for special meetings may be waived in the event it is called to deal with an emergency
involving injury or damage to persons or property or the likelihood of such injury or damage,when time
requirements would make it impractical and increase the likelihood of injury or damage.An emergency meeting
must be open to the public.
(Ord.No.21-16,Att.A,4-12-2016)
I .88.040 EXECUTIVE OR CLOSED SESSIONSI Commented[DZ1]:Not previously addressed in County
Executive and Closed Sessions may be held in accordance with the Washington Open Public Meetings Act, Code
RCW 42.30.
(1) Scheduling an Executive or Closed Session
To schedule an Executive or Closed Session,contact the Clerk of the Board to schedule a date and time.
(2) Recording
At the beginning of each Executive or Closed Session a record shall be made stating specifically why the
Executive or Closed Session is being held,what exemption is relevant to the session and an approximate length of
time will be provided.
Created: 2022-03-17 11:55:49[EST]
(Supp.No.58,2-22)
Page 2 of 5
2.88.040050 Quorum.
A quorum of the Board of Mason County Commissioners shall consist of two elected or appointed county
commissioners.In order for business to be conducted at any commission meeting,two elected or appointed
county commissioners shall be physically present at the meeting location.
The board shall not adopt nor discuss with each other any ordinance,rule,regulation,order or directive
except in a meeting open to the public and attended by a quorum;except for executive sessions(RCW 42.30.110)
and those proceedings exempted by RCW 42.30.140.
(Ord.No.21-16,Att.A,4-12-2016)
2.88.04660 Meetings outside the regular meeting place.
The board may schedule regular,continued,or special meetings at locations outside the regular meeting
place,as authorized by RCW 36.32.080 and subject to provisions of the Open Public Meetings Act(Chapter 42.30
RCW).
(Ord.No.21-16,Att.A,4-12-2016)
2.88.06070 Officers of the board.
The elected officers of the board are the chair and vice chair.At their first regular meeting of the calendar
year,the Board of Mason County Commissioners shall select one of its members to preside at its meetings as chair
of the board and vice chair.In the event of a vacancy in the office of the chair for any reason,including succession,
the position shall be filled by the vice chair and the election of a replacement for the vice chair shall be held to
serve the unexpired portion of the term.The vice chair will serve as chair when the chair is unable to serve.
The chair shall sign all documents requiring the signature of the board,and the chair's signature shall be as
legal and binding as if all members had affixed their names,provided the signature is authorized by the board.In
case the chair is absent at any meeting of the board,all documents requiring the signature of the board shall be
signed by the vice chair.
(Ord.No.21-16,Att.A,4-12-2016)
2.88.06080 Clerk of the board.
The Board of Mason County Commissioners shall appoint,by resolution a clerk who shall attend its meetings
and keep a record of its proceedings.The board may appoint an alternate person to act as clerk when the
appointed clerk is unable to attend meetings.
(Ord.No.21-16,Att.A,4-12-2016)
2.88.07090 MONGAS,6GGGRd ,aRld VGtiRg Procedural Matters
(1) Agenda
A written agenda shall be provided for each briefing,regular,and special meeting using a standard format.
The agenda shall be made available on the Mason County website no later than twenty-four hours in advance of
the meeting time.
Nothing in
Created: 2022-03-17 11:55:49[EST]
(Supp.No.58,2-22)
Page 3 of 5
this section prohibitsnl�ir Qdifications to agendas or invalidates any.Q.th�rivise leeal action taken at_a
meeting where the agenda was not posted in accordance with this section.(RCW 42.30.077)
Wriu_Qn notice for adiourned or continued meetings of the boar f Qu..oty commissioners shall be made in
the same manner as provided in 2.88.020.
Additions or modifications to the agenda maybe made by majority vote of the board at anytime during t_h..e
regular meeting.
(2) Public Comment
Public comments are heard in both regular and special meetings and during public hearings. Public comment may
be soliceted during a briefing to inform the Commission on a specific issue.
(3) Rules of Conduct
As a general rule of conduct,traditions of respect and courtesy will guide Commission discussions. The Chair will
control the conduct of all meetings and will ensure that the Board addresses its business in an orderly and
businesslike way. Rules of procedure are informal,but for meetings that include final action an opportunity for a
motion and a second will proceed to the final action. This will be followed by an opportunity for discussion and
concluded with a vote in favor of or against an action item. During a meeting where no final action is
contemplated,procedure will be informal and based primarily on consent of the Commission to move the item
forward to a meeting where final action will be taken.
(4) Any member of the board,Including the chair and vice chair may make motions and/or second the
motions of other members and vote on matters before the board.Any member may disqualify themselves if they
have a conflict of interest or believe participation in a board action may raise issues of appearance of fairness.
(Ord.No.21-16,Att.A,4-12-2016)
2.88.949100 Postponement of action.
When only two members of the board are present at a meeting of the board,and a division takes place on
any question,the matter under consideration shall be postponed until the next regular meeting.
(Ord.No.21-16,Att.A,4-12-2016)
Commented[DZ2]:Moved to Chapter 2.88.090
Procedural Matters
-48'L�Adas for regular FA@@6'qgS of
(Ord.No.21-16,Att.A,4-12-2016)
C Nttd: 2922-03-17 11:55:49[EST]
(Supp.No.58,2-22)
Page 4 of 5
2.88.1109"Use of electronic devices during commission meetings.
Commissioners shall not use electronic communication devices to review or access information regarding
matters not in consideration before the board during all commission meetings.This includes briefing,regular and
special meetings.
To ensure focus on the discussions during meetings,board members should use the internet during meetings
to access only board agenda packet information,resource documents,or other research relevant to the discussion.
Commissioners should make every effort to refrain from sending or receiving electronic communications
concerning any matter during a board meeting except for emergency family or businesses matters.
(Ord.No.65-17,Att.A,11-7-2017)
2.88.120UW Records of the board.
All records of the board,except those which are not public records within the terms of RCW 42.56,as
enacted or hereafter amended,shall be available for public inspection at the office of the commissioners during
regular working hours.
(Ord.No.21-16,Att.A,4-12-2016)
2.88.139110 Applicability.
Nothing in this resolution or in Chapter 42.30 RCW prohibits board members from travelling together or
from gathering for purposes other than county business nor from individually discussing county business with
other than board members.
(Ord.No.21-16,Att.A,4-12-2016)
Created: 2e22-e3-17 11:5S:49[EST]
(Supp.No.58,2-22)
Page 5 of 5
Mason County
Agenda Request Form
To: Board of Mason County Commissioners
From: Diane Zoren Ext. 747
Department: Support Services Briefing: N
Action Agenda: N
Public Hearing: ❑
Special Meeting: ❑
Briefing Date(s): 8/1/22 Agenda Date: 8/16/22
Internal Review: ❑ Finance ❑ Human Resources ❑ Legal ❑ Information Technology ❑ Other
Below for Clerk of the Board's Use Only:
Item Number:
Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken
Ordinance/Resolution No. Contract No. County Code:
Item:
"Tim Sheldon Day" Proclamation & placing an honorary facility naming sign at the Public Works
Facility—"Tim Sheldon Public Works Facility'.
Background/Executive Summary:
The Commissioners adopted Chapter 2.54-HONORARY FACILITY/PARK NAMING POLICY on May 10, 2022
https://Iibrary.municode.com/wa/mason_county/codes/code_of_ordinances?nodeld=TIT2ADPE_CH2.54HOFAP
ANAPO
At the June 27, 2022 briefing Commissioners Shutty and Trask requested a resolution be brought forward to
consider placing an honorary facility naming sign at the Public Works Facility—"Tim Sheldon Public Works
Facility" and to bring forward a proclamation honoring Senator Sheldon for his service to Mason County.
Budget Impact(amount, funding source, budget amendment): Building Sign
Public Outreach (news release, community meeting, etc.): N/A
Requested Action: Place the proclamation and resolution on the August 16 Action Agenda.
Attachments: Proclamation and Resolution
"TIM SHELDON DAY" PROCLAMATION
WHEREAS, Tim Sheldon provided extensive leadership to Mason County and the
State of Washington by serving in the Washington State Legislature for 31 years,
serving in the Senate for 25 of those years;
WHEREAS, Tim also served as a Commissioner for the Port of Hoodsport, Public
Utility District #1 and Mason County;
WHEREAS, Tim served the 351 Legislative District well and with determination,
political finesse and hard work Tim made sure the rural communities were
recognized;
WHEREAS, Tim is an excellent public speaker and is well known for making his
point by using colorful phrases such as "The belt & suspenders approach";
"We're eating our feed corn"; and Don't get out over your skis";
WHEREAS, Tim will continue to make significant positive contributions to Mason
County and
NOW THEREFORE in recognition of Tim's public service and positive impact to
Mason County we hereby proclaim what day Tim Sheldon Day in Mason County.
Signed this day of 2022.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
Kevin Shutty, Chair
Sharon Trask, Commissioner
ATTEST:
Randy Neatherlin, Commissioner
McKenzie Smith, Clerk of the Board
7/27/22,9:28 AM Mason County,WA Code of Ordinances
Chapter 2.54- HONORARY FACILITY/PARK NAMING POLICY
Sections:
2.54.010 - Purpose.
To establish a county policy for a facility/park naming policy allowing the opportunity to honor those that
have made significant contributions to the community or the county. The honorary facility/park sign shall be
denoted by signs that augment the legal facility/park name required for emergency service access.
(Ord. No. 2022-034, Exh. A, 5-10-2022)
2.54.020 - Eligibility criteria.
Recognition with an honorary facility/park naming shall be reserved for those individuals and
organizations that have performed an exemplary act or achievement of lasting interest to their community,
which reflects positively on Mason County as a whole, and:
(1) If an individual is a resident or a native of the county or is of particular importance to the
county; or
(2) If an organization has been in operation for a minimum of twenty-five consecutive years and
has its base of-operations in the county or is of particular importance to the county.
(Ord. No. 2022-034, Exh. A, 5-10-2022)
2.54.030 - Procedure.
Honorary facility/park naming signs shall be established by resolution. The request shall be submitted in
writing and state the name of the individual or organization intended to be honored and the facility/park to
receive the designation intended and a statement as to why the county should honor the individual or
organization.
(Ord. No. 2022-034, Exh. A, 5-10-2022)
2.54.040 - Request/cost.
All requests will be reviewed by the Mason County Administrator; parks naming requests will also be
reviewed by the parks and trails advisory committee and recommendations will be brought forward to the
board of commissioners.
Actual cost of manufacturing, designing and installing any signage shall be paid by the county.
(Ord. No. 2022-034, Exh. A, 5-10-2022)
1/2
RESOLUTION NO.
A Resolution Placing an Honorary Facility Sign on the Public Works Facility
"Tim Sheldon Public Works Facility"
WHEREAS, the Mason County Commissioners adopted Resolution 2022-034 on May 10, 2022
establishing a Mason County Facility/Park Naming Policy;
WHEREAS, recognition with an honorary facility naming is reserved for those individuals who
have performed an exemplary act or achievement of lasting interest to their community, which
reflects positively on Mason County;
WHEREAS, Tim Sheldon has provided extensive leadership to Mason County and the State of
Washington by serving in the Washington State Legislature for 31 years along with serving as a
Commissioner for the Port of Hoodsport, Public Utility District#1 and Mason County;
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Mason County Commission to place an
honorary sign at the Public Works Facility, 100 Public Works Drive with the name "Tim Sheldon
Public Works Facility" and direct staff to create and install the appropriate sign.
DATED this 16th day of August, 2022.
BOARD OF COUNTY COMMISSIONERS
ATTEST: MASON COUNTY, WASHINGTON
McKenzie Smith, Clerk of the Board Kevin Shutty, Chair
Sharon Trask, Commissioner
APPROVED AS TO FORM:
Tim Whitehead Randy Neatherlin, Commissioner
Chief Deputy Prosecuting Attorney
J:\RESOLUTIONS&ORDINANCES\RESOLUTIONS-ORDINANCES Word Files\2022\Name PW Facility.docx
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Jennifer Beierle
DEPARTMENT: Support Services EXT: 532
BRIEFING DATE: August 1, 2022
PREVIOUS BRIEFING DATES: N/A
ITEM: Mason County Reserve and Contingency Policy draft to amend Resolution No. 2021-034
EXECUTIVE SUMMARY: In 2017, the Mason County Board of County Commissioners adopted
Resolution No. 58-17 setting a reserve and contingency policy for the County's General Fund.
This resolution was amended in 2019 and again in 2021 to expand on the General Fund
reserves and to include reserves for certain other funds.
The following is the current suggested change to Resolution No. 2021-034:
• Include a General Fund Capital Facilities Reserve
Making this change to the current Reserve and Contingency Policy will allow the County to
better align with the Capital Facilities Plan.
PUBLIC OUTREACH: Sent to the Audit Committee and Finance Committee for review.
BUDGET IMPACTS: The County budgets the reserved fund balances in the annual budget.
RECOMMENDED OR REQUESTED ACTION: Request the Board review the draft resolution.
ATTACHMENTS:
• Draft Resolution for Reserve and Contingency Policy
• Cash Reserve Balances at 6/30/2022 based on proposed reserve balance changes
J:\Budget Office\Briefing, Agenda,& Public Hearing Items\2022\Briefing Summary 8.1.22-Reserve and
Contingency Policy.doc
RESOLUTION NO.
AMENDING RESOLUTION 72192021-034
IN THE MATTER OF ESTABLISHING A FINANCIAL RESERVE AND CONTINGENCY POLICY FOR
MASON COUNTY,WASHINGTON
WHEREAS, the Mason County Board of County Commissioners, as the county
legislative authority and the Mason County Finance Committee deem it to be fiscally
responsible to maintain cash flow reserves in the County Funds and to provide sufficient
reserve funds as required by law to cover bond covenants, the smooth running of the County
and pay current obligations;
NOW THEREFORE BE IT RESOLVED by the Mason County Board of County
Commissioners that the Financial Reserve and Contingency Policy be adopted as part of the
County Budget process to achieve the goals outlined. These goals weFe established by
Mason County Board of County Cenffnissienei:s beginning in 2018 ever- a five year-pe
ever-the s aaxt five years-.
A. General Policy
The County shall maintain reserves required by law, ordinance and/or bond covenants. All
expenditures drawn from reserve accounts shall require prior Board approval unless
previously authorized by the Board for expenditure within the County's annual budget.
The County Finance Committee will review annually the required reserve levels necessary
to meet the reserves established herein. If it is determined that the reserves should be
adjusted, the County Finance Committee shall propose an amendment to these policies.
If reserves and/or fund balances fall below required levels as set by this policy, the County
shall include within its annual budget a plan to restore reserves and/or fund balance to the
required levels.
The County's annual general fund budget will be adopted in the positive with expenditures
not exceeding revenues, excluding beginning and ending fund balances unless any of the
following conditions exist: the Mason County Board of County Commissioners develop a
plan to restore the shortfall to the reserve balances within one calendar year; the offset of
expenditures over revenue is due to "one-time" expenditures, or; the offset is due to
conservative budgeting and the net revenue over expenditures for the previous calendar year
is at least equal to the amount of the excess in expenditures over revenues in the current
budget year.
The County will allocate any funds from unanticipated excess revenues and/or unexpended
budget authority in the year following the actual recognition of these funds first to funding
reserves as set out in this policy then to other unanticipated expenditures.
All reserves will be presented in the County's annual budget.
1
B. General Fund Operating Reserves
The County will maintain a General Fund Operating Reserve to provide for adequate cash
flow, budget contingencies, and insurance reserves. Under this policy, General Operating
Reserves will be budgeted in the range of 15% - 25% of the prior year's actual expenditures,
excluding beginning and ending fund balances.
C. General Fund Contingency Reserve
The County will maintain a Contingency Fund and shall maintain a reserve equal to
$1,000,000 to provide a financial cushion to cover revenue shortfalls resulting from
unexpected economic changes or recessionary periods or to provide funds in the event of
major unplanned expenditures the County could face.
D. General Fund Technology Replacement Reserves
The County will maintain a Technology Replacement Reserve for replacement of costs
entity wide to cover computer hardware, software, or telephone equipment identified in the
County's Technology Replacement listing. The required level of reserve will equal each
year's scheduled costs. For example, if the 2019 equipment costs are budgeted at $100,000
the fund reserve balance must equal or exceed $100,000. Contributions will be made
through assessments to the using funds and departments and maintained on a per asset basis.
E. General Fund Equipment and Vehicle Replacement Reserves
The County will maintain a General Fund reserve for the replacement of vehicles and
equipment identified on the County's equipment replacement listing. The required level of
reserves will equal each year's scheduled replacement costs. For example, if the 2019
equipment replacement costs are budgeted at $100,000, the fund reserve balance must equal
or exceed $100,000. Contributions will be made through assessments 10 the using funds and
departments and maintained on a per asset basis.
F. General Fund Accrued Leave Reserve
The County will maintain an Accrued Leave Reserve to cover the cost of the liability in its
Accrued Leave Account. The reserve will be at least sufficient to cover one years estimated
accrued leave payout as well as any accrued leave payouts known and required to be paid
out in future years.
G. General Fund Capital Facilities Reserve
The County will maintain a Capital Facilities Reserve equal to $5,000,000, or other amount
set by the Board and adopted during the annual budget process. The purpose of the reserve
is to pay for capital costs or future debt payments included in the Capital Facilities Plan.
HG. Sales and Use Tax Fund Reserve
The County will maintain a Sales and Use Tax Fund Reserve equal to 15%to 25% of the
prior year's actual expenditures, excluding beginning and ending fund balances.
2
II4. County Road Fund Operating Reserves
The County will maintain a County Road Fund Operating Reserve to provide for adequate
cash flow. Under this policy, General Operating Reserves will be budgeted in the range of
15% - 25% of the prior year's actual expenditures, excluding beginning and ending fund
balances.
H. County Road New Road Projects Fund Reserve
The County will maintain a County Road New Road Projects Fund Reserve equal to
$4,000,000, or other amount set by the Board and adopted during the annual budget process.
KJ. REET 2 Fund Reserve
The County will maintain a REET 2 Fund Reserve to provide for future debt payments
within the Belfair Wastewater& Water Reclamation Fund. The reserve will increase each
year, economic conditions permitting, by up to one-half of the scheduled transfer amount
from the REET 2 Fund into the Belfair Sewer Fund until the reserve is equal to $3,000,000,
or other amount set by the Board and adopted during the annual budget process.
LK. Equipment Rental & Revolving Fund Reserve
The County will maintain an Equipment Rental &Revolving Fund Balance Reserve equal
to 15% - 25% of the prior year's actual expenditures, excluding beginning and ending fund
balances.
Approved this_day of , 2022-1.
Mason County Board of Commissioners
Randy Neakeflk Kevin Shutty, Chair
Kevin ShuaySharon Trask,Commissioner
8haFE)fiTFasE Indy Neatherlin, Commissioner
Approved this_day of ,20224-.
Mason County Finance Committee
Lisa Frazier,Mason County Treasurer,Chair
Paddy McGuire,Mason County Auditor, Secretary
RanEb Levin Shutty,Mason County
Commissioner Attest:
McKenzie Smith
3
Clerk of the Board
Approved as to form:
Tim Whitehead
Chief Deputy Prosecuting Attorney
4
Cash Reserve Balances at 6/30/22 as Per Draft Resolution
Amending No. 2021-034
General Fund Reserve and Contingency Policy Reserves
A. Cash Balance $ 26,630,105
B. General Fund Operating Reserve-25%of 2021
total expenditures of$38,456,162 $ 9,614,040
C. Contingency Reserve $ 1,000,000
D. Technology Replacement Reserves $ 336,000
E. General Fund Equipment and Vehicle Replacement
Reserves $ 1,040,500
F. Accrued Leave Reserve - based on current year
planned payouts or 3 year average prior actual pay-
outs $ 502,000
G. Capital Facilities Reserve $ 5,000,000
• General Fund Unreserved Cash $ 9,137,565
Sales &Use Tax Fund Reserve
A. Cash Balance $ 1,843,490
H. Sales & Use Tax Fund Reserve- 25%of 2021 total
expenditures of$662,485 $ 165,621
• Sales& Use Tax Fund Remaining Cash $ 1,677,869
County Road Fund Reserve and Contingency Policy Review
A. Cash Balance $ 12,745,242
I. County Road Fund Operating Reserves- 25%of
2021 total expenditures of$17,475,138 $ 4,368,785
J. County Road New Road Projects Fund Reserve $ 4,000,000
• County Road Fund Remaining Cash $ 4,376,458
REET 2 Fund Reserve and Contingency Policy Review
A. Cash Balance $ 5,144,453
K. REET 2 Belfair Sewer Reserve $ 1,200,000
• REET 2 Fund Remaining Cash $ 3,944,453
Equipment Rental &Revolving Fund Reserve
A. Cash Balance $ 3,689,950
L. Equipment Rental & Revolving Fund Reserve -25%
of 2021 total expenditures of$3,519,656 $ 879,914
• ER&R Fund Remaining Cash $ 2,810,036
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Jennifer Beierle
DEPARTMENT: Support Services EXT: 532
BRIEFING DATE: August 1, 2022
PREVIOUS BRIEFING DATES: February 7, 2022
If this is a follow-up briefing, please provide only new information
INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources
❑ Legal ✓ Other- Audit Committee
ITEM: Chart of Accounts Update and Munis Financial System Expansion
EXECUTIVE SUMMARY:
The Chart of Accounts (COA) revision project is well under way. This revision will make it
possible to expand the modules used in Munis with the goal of replacing other subsidiary
financial systems within the County to create consistency between accounting functions. The
last estimated completion date was 7/1/2022, but this project has proven to be much larger
and complicated than originally anticipated. The employee dedicated to work on this project
was not able to finish before retiring from the County in April. The new estimated completion
goal is 1/1/2023, which is still an aggressive timeline and may need to be pushed out
further. Current employees have found it difficult to dedicate time to the project because of
already full workloads. Leo Kim, Mason County's CFO, has reached out to Teresa Johnson,
CPA, for help with the project. The County already has a contract for services with this CPA,
and they understand and have the expertise to help finish the COA project. At this time, we
don't have a good grasp on how much time it will take to complete the COA. The cost of the
service is $90 per hour, so if it takes 100 hours, the cost will be $9,000. This can be paid
from Non-Departmental and a budget amendment may be needed.
The following is the proper sequence, estimated implementation timeframes, and estimated
costs, necessary to expand Munis:
1. COA Rewrite- estimated implementation 1/1/2023- estimated cost of $100k (includes
cross reference of subsidiary systems)- timeline breakdown:
• Draft COA complete 9/1/2022
• Meet with departments for additional review and input in September & October
(some of this is already in progress)
• Munis system testing from September to October
• Cross reference and programming of subsidiary systems within the County from
September to November
• Go live with new COA 1/1/2023
2. Mason County Position Control (Position Tracking)- estimated implementation 3/1/2023-
no cost
Briefing Summary 7/28/2022
3. Executime Time Keeping System — estimated implementation 1/1/2024 — approximate
cost $100k-$150k
4. Open Finance — estimated implementation 2024 — module is already purchased, but there
will most likely be an unknown cost to implement
5. Other modules necessary for Public Works inventory, vehicles, and utilities- 2025-
unknown cost at this time
BUDGET IMPACT: 2022 approximate total of$100k to rewrite the COA and any associated
programming costs for Terrescan, WinCAMS, Smart Gov, and Odyssey subsidiary system
data conversions
PUBLIC OUTREACH:(Include any legal requirements, direct notice, website, community
meetings, etc.)
RECOMMENDED OR REQUESTED ACTION: Information Only
ATTACHMENTS:
Current and Proposed Fund Structure
Summary Status Report
Briefing Summary 7/27/2022
FUND STRUCTURE
General Ledger Settings
NOW: 001.000000.030.031.514.23.5420 20.0000.00
REVISED: 001.030.031 514.23.42.0002 Current Proposed
Sea Number Description Length Se¢Number Description Length
FUND: 1 Fund 3 1 Fund 3
2 Special 6 2 Department 3
Position in current fund structure:Sea 1 3 Department 6 3 Program 3
Current:XXX.000000.000.000 4 Program 3 4 Base Sub 3
Proposed:XXX.000.000 s Basub 2 s Element 2
6 Element 6 6 Object 2
7 Object 4 7 Local index 4
SPECIAL PURPOSE DISTRICTS(NON-COUNTY FUNDS): B Local 2 B Do Not Use N/A
Position in current fund structure:Sea 2 Total length 32 Total length 20
C urrent:000.XXXXXX.000.000
Proposed:000.XXX.XXX Currently between 11,0DD and 12,000 accounts
Will use period as delimter
COUNTY DEPARTMENTS: Time frame-to be completed for use by l/11Z3
Position in current fund structure:Sea 3
C urrent:000.000000.XXX.000
Proposed:000.XXX.000
COUNTY PROGRAMS:
Position in current fund structure:Sea 4
Current:000.000000.000.XXX
Proposed:OOO.00O.XXX
I
BARS BASUB:
Position in current fund structure:Seq 5 j
Current:XXX.00.000000.0000.00 j
Proposed:XXX.00.00.0000
The BASUB portions of a BARS line will be assigned per
the current SAO BARS manual.
BARS ELEMENT: i
Position in current fund structure:Sep 6
Current:000.XX.000000.0000.00
Proposed:000.XX.00.0000
The element portions of a BARS line will be assigned per
the current SAO BARS manual.
BARS OBJECT CODE:
Position in current fund structure:Sep 7
Current:000.00.XXXXXX.0000.00
Proposed:000.00.XX.0000
Going forward,Object codes will follow the standard BARS manual
format using two digits. Within those two digits,past practice of
separation of 31;32;33;34,etc will be used.
BARS LOCAL INDEX:
Position in current fund structure:Sea 8
Current:000.00.000000.XXXX.XX
Proposed:000.00.00.XXXX
If a local index is requested,it will be assigned on an as needed ba:
A standard format will be assigned by Financial Services.
i
I
1
i
I
i
COA Summary Status Report as of July 27, 2022
Description Spreadsheet Munis
Fund Titles Y Y
Department and Program Y Y
BASUB Y Y
Element Y Y
Object Codes
Balance Sheet N N
Expense I I
Revenue Y N
Grants N N
Transfers Y Y
Cross-Reference
Expense I
Revenue N
Sub-system conversions N
Y= Complete
N= Not Started
I = Incomplete
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Jennifer Beierle
DEPARTMENT: Support Services EXT: 532
BRIEFING DATE: August 1, 2022
PREVIOUS BRIEFING DATES: N/A
If this is a follow-up briefing, please provide only new information
INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources
❑ Legal ❑ Other
ITEM: 2023 Budget Process — including consolidating two departments in the General Fund
EXECUTIVE SUMMARY: The call for budgets is required to go out to departments on or
before the second Monday in July, per RCW 36.40.010. This year the Board and Auditor were
ahead of schedule. The Commissioners' 2023 (and 2024 shadow) budget guidelines were
signed on June 211 and the Auditor's notice to file and preliminary budget instructions were
sent out to departments on June 23rd
Important budget dates to remember:
• Budget entry of all estimated 2023 (and shadow budget 2024) revenue and
expenditures is due in the Munis financial system by close of business on Monday,
August 8, 2022.
• The Auditor's Office will present the 2023 preliminary budget to the Board on
Tuesday, September 6, 2022.
• Budget Narratives and Project Level Requests (PLRs) are due to the Budget Office via
email (no paper copies) by Tuesday, September 12, 2022
Draft Budget Level 3 expenditures have been emailed to departments and completed Budget
Level 3 revenues and expenditures will be emailed in early September. Budget Workshops
with the Board will begin in late September or early October. The Board should decide if they
will plan on in-person budget meetings or by Zoom.
The County's Financial Policy states"only the minimum number of funds consistent with legal
and operating requirements should be established, because unnecessary funds result in
inflexibility, undue complexity, and inefficient financial administration". This principle applies
to departments as well as funds. As part of the 2023 preliminary budget process, the Budget
Office requests the BOCC allow consolidation of two departments:
• Murder Expenditures department within the General Fund to be consolidated into Non-
Departmental within the General Fund — 2022 annual budget is $50,000
• Motor Pool department within the General Fund to be consolidated as a program in the
Facilities department within the General Fund — 2022 annual budget is $50,829
Briefmg Summary 7/27/2022
BUDGET IMPACT: The preliminary budget will have a direct impact on the Commissioners'
2023 adopted budget decisions.
PUBLIC OUTREACH:(include any legal requirements, direct notice,website, community
meetings, etc.)
RECOMMENDED OR REQUESTED ACTION: Request the Board decide if they would like
to hold the budget workshops in person or through Zoom meetings and request the
Board decide if they will consolidate the Murder Expenditures department into Non-
Departmental and consolidate the Motor Pool department into the Facilities
department.
ATTACHMENTS: BOCC 2023 and 2024 Preliminary Budget Preparation Guidelines
Briefing Summary 7/27/2022
C June 21, 2022
�°sex �a��
A To: Elected Officials& Department Heads
Re: Mason County Commissioners'2023 and 2024 Preliminary Budget
- Preparation Guidelines
1854 The following are the Board of County Commissioners' guidelines for the
Preliminary Budget. Preliminary budgets are due to the Auditor in the Munis
Financial System by close of business on Monday,August 8, 2022.
MASON COUNTY Elected Officials and Department Heads are asked to present a 2023 status quo
BOARD budget at 2022 adopted budget levels, and a 2024"shadow budget" at 2023
OF levels.Approved contractual increases are added to the department's bottom
COMMISSIONERS line in a status quo budget.
Please implement the following guidelines when developing both 2023 and 2024
1ST District Preliminary Budgets:
RANDY NEATHERLIN BEGINNING FUND BALANCE (BFB) ESTIMATES
2nd District ■The Budget Office will make initial BFB estimates based on cash on hand at June
KEVIN SHUTTY 30th and the current 2022 budget. Estimates will be emailed to Departments by
July 11th. Departments should make their own estimates and changes in
3`d District SHARON TRASK calculations should be communicated back to the Budget Office.
REVENUE LEVELS
■ Current Expense Property Tax levy may include an increase.
Mason County Building 1
■ Roads Property Tax levy may include an increase.
411 North Fifth Street
■ Budget with existing fees and service charge schedules; review for proposed fee
Shelton, WA 98584-3400 increases if possible.
(360)427-9670 ext. 419 ■ Grants should be budgeted conservatively with projected amounts to be
received within the proper budget year.
(360)275-4467 ext.419 ■ Interest rates on investments will be .75%.
(360)482-5269 ext. 419 ■ Transfers in—Fill out the attached transfer form, send to the transferring
Fax(360)427-8437 department for signature,and return to the Budget Office.Transfers in without a
form or equivalent transfer out offset will not be considered in the budget.
■ Reimbursable interdepartmental revenue budgeted in one fund should be
budgeted as an expense in another fund via the attached form. Requests without
a form or equivalent offset will not be considered in the budget.This includes
departments receiving Mental Health Fund revenue.
EXPENDITURE LEVELS
SALARIES&BENEFITS:
1
Salary & Benefit Projections will be emailed to Departments by the Budget Office
OeoN CO�'�p by July 11th. Differences in calculations should be entered into the spreadsheet
provided and sent back with an explanation. Further guidance on salary& benefit
calculations:
_-_ ■ Wages for union represented employees with signed union contracts should
1854 reflect general wage,step,and COLA increases as outlined in the contracts.
■ Wages for non-represented employees shall reflect step increases only.The
BOCC may increase non-represented wages at a later date.
MASON COUNTY ■ Wages for Elected Officials shall reflect the increase stated in Resolution No. 39-
BOARD 19, except for Prosecuting Attorney wages in Resolution No. 22-19, and BOCC
OF wages in Resolution No.73-12.
COMMISSIONERS
■ Human Resources will supply the Benefit Rate Sheet and Medical Allocation (use
budget expense accounts ending in 520040 for medical) for 2023 and 2024.
11T District Medical budgets should reflect maximum amounts paid by the County times the
RANDY NEATHERLIN number of FTE's.
2nd District ■ The total dollar amount of salary and benefits for each new position request
KEVIN SHUTTY should be entered on a BARS line titled "2023 Unapproved Budget Request".
3`d District EXPENDITURE RATES:
SHARON TRASK All internally calculated rates will be emailed by the Budget Office by July 11th and
include:
■ 2023 Internal Allocations—see tab A-1: use budget expense accounts ending in
Mason County Building 1 541019.
411 North Fifth Street ■ 2023 State Auditor Charges: use budget expense accounts ending in 541510.
Shelton, WA 98584-3400 ■ 2023 Motor Pool rates: use budget expense accounts ending in 5xx777 &
5xx778.
(360)427-9670 ext.419
■ 2023 ER&R vehicle rates: use budget expense accounts ending in 545951.
(360)275-4467 eat.419
■ 2023 Information Technology rates: use budget expense accounts ending in
(360)482-5269 ext. 419 545952.
Fax(360)427-8437 ■ 2023 Unemployment rates: $200 per FTE based on 2022's adopted budget FTE
counts. Elected Officials do not receive an unemployment rate charge. Use
budget expense accounts ending in 546096.
OTHER EXPENDITURE GUIDANCE:
■ Budget any debt service per the Treasurer's Debt Service schedule.
■ Transfers out—The attached transfer form is signed by the transferring from
department and returned to the Budget Office for processing during the budget
year.
2
09ox Co
.,
■ Reimbursable interdepartmental expenses budgeted in one fund should be
budgeted as revenue in another fund and approved by the other department via
the attached form.
■ Building remodel request forms emailed to departments should be returned to
—_-_ Facilities so that Facilities may budget accordingly.
1854
■Traffic Policing Diversion at$1,080,000—Funding from Roads Property Tax Levy.
The BOCC may change the diversion amount during budget preparation.
■ Expenditure authority shall be adopted as two bottom lines for all Elected
MASON COUNTY Officials and County Department budgets, including Special Funds, in accordance
BOARD with Resolution No. 26-17: one bottom line for the total salaries and benefits and
OF one bottom line for operational expenses. Ending Fund Balance is not an
COMMISSIONERS appropriation.
■ Overall expenditures will be reviewed in relation to reserve requirements
1ST District identified in Resolution No. 58-17.
RANDY NEATHERLIN
■ Departments are encouraged to seek out new grant awards. Additional
2nd District expenditure requests in order to hire a grant writer will be considered by the
KEVIN SHUTTY BOCC.
3`d District MUNIS BUDGET
SHARON TRASK
Prepare your internal budget analysis via any mechanism you prefer in
preparation of Munis entry.The Auditor will send processing instructions to
submit budgets in Munis.
Mason County Building 1
The 2023 Munis budget entry will include the following:
411 North Fifth Street ■ Budget 1—Preliminary Budget Request—Budget Level 1 will be populated with
Shelton, WA 98584-3400 2022 adopted budget numbers at 1/1/22. Departments may change the numbers
to the requested amounts.
(360)427-9670 ext. 419 ■ Budget 2—Auditor's Preliminary Budget—The Auditor will make error
(360)275-4467 ext. 419 correction changes to preliminary budget requests.
(360)482-5269 ext. 419 ■ Budget 3-Maintenance Level Changes(MLC)—This is departments' 2022
adopted budget plus non-discretionary changes, i.e. CBA's in effect, L&I, DRS, and
Fax(360)427-8437 medical changes. Budget Level 3 will be entered by the Budget Office.
■ Budget 4—Policy Level Requests (PLR)—This is the difference between Budget
Level 2 and Budget Level 3, and will populate automatically.The Budget Office
will email the budget level spreadsheet to departments after August 81h.An
explanation orjustification and project number should be entered into the
'Comments' and 'Project No.' columns for any amount in Budget Level 4. In
addition, the attached project form may be filled out for each new"project"
requested in the 2023 budget.A project request may include multiple BARS lines,
3
Cop and both revenue and expenses to show how the "project" was derived.The
p following are considered projects:
1. New staffing request(s)
2. Capital &Vehicle Purchases
3. Operational requests by project
I854 4. All other items over Maintenance Level Changes
The 2024 Munis"shadow" budget entry will include the following:
MASON COUNTY ' Budget 1—Enter any changes to the 2023 budget for the 2024 budget.
BOARD BUDGET NARRATIVES
OF A Budget Narrative should include the following information and is due to the
COMMISSIONERS Budget Manager via email (no paper copies) by September 12tn:
■ 2021, 2022, and 2023 FTE count, and Organizational Chart
1ST District
RANDY NEATHERLIN ' FTE position allocations and funding sources, if any
2 District
na ■ Proposed Fee Increases
KEVIN SHUTTY ■Workload Indicators—include a 3 year history comparison
3ra District ■ Project Level Changes (Budget Level 4 in Munis—Instructions and training to
SHARON TRASK follow)
Countywide trainings will be provided by the Budget Manager via Zoom on July
14th at 9:00 am.
Mason County Building 1
Departmental budget workshops with the Board will begin in October.The first
411 North Fifth Street workshop scheduled will be an overview of the entire budget.
Shelton, WA 98584-3400 Sincerely,
(360)427-9670 ext.419 BOARD OF MASON COUNTY COMMISSIONERS
(360)275-4467 ext. 419
'Abser>k
(360)482-5269 ext. 419 Kevin Shutty Sharon Trask Ra dy Neatherlin
Fax(360)427-8437 Chair Commissioner Commissioner
4
MASON COUNTY
AGENDA ITEM SUMMARY FORM
To: Board of Mason County Commissioners
From: Jennifer Beierle Action Agenda:
Public Hearing:
Other:
Department: Support Services Ext:
Date: August 2, 2022 Agenda Item #
Commissioner staff to complete)
Briefing Date: July 18, 2022
Briefing Presented By: Jennifer Beierle
[ ] Item was not previously briefed with the Board
Please provide an explanation of urgency
Item: American Rescue Plan Act (ARPA) of 2021 review
Background: On December 7, 2022 the Board approved the Rustlewood Water Well Reservoir
Electrical Control System project to be funded by the ARPA grant. Public Works has received funds for
this project elsewhere and no longer needs ARPA funding. The $200,000 is available to be reallocated.
Budget Impact(s):
N/A
Recommended Action: Approval of removing Rustlewood from the ARPA funding list
Approval of Port of Allyn Water Company $100,000
Attachment(s):
ARPA Briefing Support Spreadsheet
Contract for ARPA Port of Allyn Water Company
ARPA Briefing Support 8/2/2022 Page 1 ARPA Briefing Support 8/2/2022
Balance
Obligated by Remaining of
ARPA Category Mason County Project Name District Confirmed Requests BOCC Appronnud Contract Expended Approved Amt
A Support Public Health Response/Negative Economic Impacts
PUD 1 Customer Arrearages due to COVID 2 125,000 125,000 125,000 12,734 112,266
Reallocate from PUD Arrearages to HOC Eldon Fiber Buildout 2 (100,000) (100,000) (100,000) (100,000)
HCC Customer Arrearages due to COVID 2 110,000 110,000 110,000 22,445 87,555
Mason CountyTreasurer Property Tax Reim-individual households All 125,000 125,000 125,000 91,286 33,714
Mason County Treasurer Property Tax Reim-small businesses Ali 75,000 75,000 75,000 24,635 50,365
EDC Small Business Grants All 500,000 500,000 500,000 500,000
Crossroads Housing for Assistance to Homeless Veterans All 10,000 10,000 10,000 1,148 8,852
Mason County Housing Authority Rent Arrearages All 2n0/226.nk P..1, 123,545 100,000 100,000 100,000
The Arc ofthe Peninsulas All 4/5/2022 Cvis rubs 35,000 35,000 35,000 2,833 32,167
Camp Sluys Youth Camp All 5/20/2022 30,000
Shelton Young Adult Transitional Housing Project All 1,428,953
Mason County Housing Authority Unit Renovation Project All 1,208,790
Mason County Emergency&Disaster Response Center All 50,900
A Support Public Health Response/Negative Economic Impacts Subtotal 3,722,188 980,000 980,000 655,080 324,920
B Premium pay for Essential Workers
Signing Bonus for Corrections Deputies-up to$30k approved Ali 74,266 30,000 in Ho 30,000
B Premium pay for Essential Workers Subtotal 74,266 30,000 30,000
C Replace Public Sector Revenue Loss Up for government services up to$10 Million
MCSO Body Cameras All 702,364 702,364 1.1- 702,364
MCSO Body Camera install All 40,000 40,000 m2mv.. 21,710 14,211
PUD3 Belfair Substation 1 1,500,000 1,500,000 j,sao,aac 1,500,000
Public Records Software GovQA All 2AS/2021 oi.n< 22,700 22,700 mFkw. 17,783 4,917
DCD Records Archival Image All 2A1/22 WR 542,000 -
Prosecutors Office 2nd floor expansion(Originally 700,000) All 2A9/2022 xeiyF 75,000 75,000 In- 38,424 36,576
MCS02nd floor expansion All 2/j./2ao HOW-yF 800,000 75,000 75,000
Ballot sorter machine B of A Bldg All HOLD 2/1Q/22 1,200,000
Jail Elevator and Doors All 5/2/2022 x.2hF 80,000 80,000 in H. 61,218
Eels Hill Yard Goats All 240,000
Eels Hill Tipping Floor All 75,000
Solid Waste Facility Hazardous Waste Material Storage Building All 400,000
Election-Vote Center&Ballot Processing Center All 2,000,000
MCSO Patrol Rifle Upgrade All 106,720
SWAT night vision and sighting system All 235,869
MCSO Personal Watercraft project All 47,160
Mason County Jail Facility All 300,000
MCSO Second Floor Addition All 1,800,000
MCSO Replacement Vessel South Puget Sound All 173,609
MCSO Underwater Remote Operated Vehicle All 73,130
MCSO Sidearm Modernization All 90,928
MCSO Bearcat All 342,OD0
Central Mason Fire&EMS Ambulance&Power Gurney 3 245,000
North Mason Fire Mobile Integrated Health Program Startup 1 337,000
C Replace Public Sector Revenue Loss Subtotal 11,428,480 2,415,064 1,500,000 945,579 1,630,703
D Water,Sewer,and Broadband Infrastructure
PUD 1 Agate Beach Water System Mainline 3 s,-fins k,2o2s 559,OD0 559,000 559,000 559,000
PUD 1 Vuecrest Storage Upgrade Phase 1&2 2 158,284 158,294 158,284 147,752 10,532
CEDS Belfair Water New Well for Commercial Core UGA 1 450,000 450,000 450,000 450,000
HCC Colony Surf Fiber Buildout 2 313,556 313,556 313,556 313,556
HCC Eldon Fiber Buildout 2 501,932 501,932 501,932 501,932
Reallocate from PUD#1 Customer Arrearages to HCC Eldon Fiber Buildout 100,D00 100,000 100,000 100,000
Mason County IT Infrastructure Backbone/Storage upgrade All 136,261 136,098 in Ho,,.. 136,098 -
PW Rustlewood Water Well&Reservoir Electrical Control System 1 2/17/22-d Dre. 200,000 200,000 H Ho- 200,000
PW Beards Cove AC Mainline Replacement 1 2A7/22 Is-Dr. 100,000 100,000 In A.- 100,000
PW Belfair PS#1 Improvement Project 1 2/17/22 exx.rd D Y. 150,000 150,000 in Hoy.. 150,000
PW Relfair PS g3 Improvement Project 1 2A7/22 Rwrd Dr.. 180,000 180,000 180,000
PW Lakeland Pump Station 1 2117/22 Rda,d Dr. 42,000 42,000 in HnnY 42,000
City of Shelton-Water line from 101 to Prison 2 2A3/22 EX r., 1,000,000 -
Belfalr Water Backup Generators 1 2nan2 Duew.e6r> 300,000
City of Shelton-Sewer line extension from High School to Basin 3 2/22A2 EDC r.. 2,500,000 -
CityofShelton-Wallace Kneeland Substation 3 2/23122 EM re, 3,200,000
PUD 3 Rural Broadband Cloquallum Community 2 Ho M.n 2A4/22 500,000
City of Shelton Gateway 3 Mark lrvvl zf10/22 250,000 -
PW70 Grinder Pumps All 2/22/22 Rvmrd re. 151,273 151,273 In Hou:< 117,370 33,903
Mason County Courts Building 10 All Y.2/10/22 750,000
Port Of Allyn Water Company 1 Y..4/d/2D22 M.,kH 100,000
Belfair Sewer Log Yard Rd.Extension Design 1 $250,000
Belfair Sprayfield Expansion 1 $2,500,000
North Bay Case Inlet General Sewer Plan 1 $500,000
Belfair Sewer Extension 1 $5,200,000
Mason County Fiber Optic Infrastructure Upgrade All $425,000
PUD 1 Vuecrest Storage Upgrade Phase 3 2 $750,000
PUD 1 Ripplewood Water system Mainline Replacement 2 $355,000
PUD 1 Alderbrook Lower Aquifer Project 2 $375,000
City of Shelton Springs Road Gravity Sewer Truckline Extension 3 $2,664,000
City of Shelton Johns Prairie Gravity Sewer Truckline Extension 2 $2,124,000
South Mason Youth Soccer Club Turf and Irrigation $50,000
D Water,Sewer,and Broadband Infrastructure Subtotal 26,785,306 3,042,143 2,082,772 501,220 2,540,923
E Administration
Washington State Association of Counties 2022 Dues All 4,000 4,000 4,000
Temp County Staff to address COVID All 250,000 92,078 157,922 14,799 77,279
E Administration Subtotal 254,000 96,078 157,922 18,799 77,279
Grand Total 42,264,240 6,563,285 4,720,694 2020678 4,603,825
Total APRA Funds Available 12,969,901
Total ARPA Funds Received in 2021-First Round 6,484,451
Total ARPA Funds Expected in 2022-Second Round 6,484,451
Total ARPA Funds Available for BOCC Approval in 2021&2022 6,149,506
Approved by BOCC during Board Briefings-w/b on upcoming Action Agendas-Included in BOCC Approved Amts 256,273
Completed projects with unexpeneded ARPA funds returned 163
Total ARPA Funds Available for BOCC Approval in 2021 (334,944)
AMERICAN RESCUE PLAN ACT of 2021
AGREEMENT
Between
MASON COUNTY
And
PORT OF ALLYN WATER COMPANY
This American Rescue Plan Act("ARPA")recipient Agreement("Agreement") is dated as of the
day of , 2022, by and between Mason County, a Washington political
subdivision ("County"), and Port of Allyn Water Company, a Washington state public utility
("Recipient").
WHEREAS, The U.S. Treasury has allocated to Mason County federal stimulus funding under an
amended Title VI of the Social Security Act to add section 602 and 603, Subtitle M, Section 9901
of the Act, referred to in the Act as Coronavirus State and Local Fiscal Recovery Fund
("CSLFRF") for the limited purposes identified in the Interim Final Rule between U. S. Treasury
and Mason County, identified as the Interim Final Rule ("IFR") or 31 CFR Part 35 RIN 1505-
AC77
WHEREAS,ARPA authorizes the County to offer funding from receipted ARPA funds for certain
costs projects in response to the COVID-19 public health emergency during the period of March
3,2021,obligated by December 31,2024 and expended by December 31,2026,which may include
expenditures incurred to respond directly to the emergency as well as expenditures incurred to
respond to second-order effects of the emergency, such as providing economic support to those
suffering from employment or business interruptions due to COVID-19,related business closures,
investments to improve water, sewer and broadband infrastructure and support public health
response.
WHEREAS,the County desires to allocate portions of the ARPA Funds to the Port of Allyn Water
Company for the purpose of contributing towards providing a new well.
WHEREAS,the County and Recipient desire to enter into this Agreement so that the County may
grant ARPA Funds for appropriate and qualifying projects to the Recipient by the County for
provision of water system infrastructure.
NOW, THEREFORE, in consideration of the foregoing recitals which are incorporated herein by
reference, and the terms and conditions set forth below,the parties agree as follows:
1. Effective Date and Term. This Agreement shall commence when last executed by all
parties and remain in effect until July 31,2024,unless terminated by the County in writing.
2. Recipient's Use of ARPA Funds.The Recipient shall ensure that the ARPA Funds requests
are necessary and eligible Reimbursements under one of the following cost categories: a)
Response to mitigate the public health emergency with respect to the COVID-19
emergency or its negative impacts, b) Provide Government services to the extent of the
1
ARPA Recipient Agreement
reduction in revenue, c)respond to workers performing essential work, d)make necessary
investments in water, sewer or broadband infrastructure.
3. Ineligible Costs. Non-allowable costs include, without limitation, the following: a)
expenses for the state share of Medicaid; b) damages covered by insurance; c) payroll or
benefits expenses for employees whose work duties are not substantially dedicated to
mitigating or responding to the COVID-19 public health emergency; d)expenses that have
been or will be reimbursed under any federal program, such as the reimbursement by the
federal government pursuant to the ARPA Act of contributions by states to state
unemployment funds; e) reimbursement to donors for donated items or services; f)
workforce bonuses other than hazard pay or overtime; g) severance pay; and h) legal
settlements.
4. COVID-19 Reimbursement Request Support. To facilitate the County's granting of ARPA
funding under the IFR,the Recipient will submit an A-19 equivalent report to the County,
on or before June 30,2024, detailing the installation of the Port of Allyn Water Company's
new well. Such schedule may be modified with the prior approval of the County. Failure
to provide any of the required documentation may result in termination of the Agreement
and no granting of funds paid to the Recipient by the County.
5. ARPA Funds. The County agrees to grant the Recipient project costs to the Recipient not
to exceed$100,000 by July 31,2024 provided that the COVID-19 Reimbursement request
support is received as stated in Section 4 of this Agreement. The County will not provide
the funds up front to the Recipient upon Execution of this Agreement.
6. Termination. The County may terminate this Agreement,for convenience or otherwise and
for no consideration or damages,upon prior notice to the Recipient.
7. Independent Contractor. Each party under the Agreement shall be for all purposes an
independent Contractor.Nothing contained herein will be deemed to create an association,
a partnership, a joint venture, or a relationship of principal and agent, or employer and
employee between the parties. The Recipient shall not be, or be deemed to be, or act or
purport to act, as an employee, agent, or representative of the County for any purpose.
8. Indemnification. The Recipient agrees to defend, indemnify and hold the County, its
officers, officials, employees,agents and volunteers harmless from and against any and all
claims, injuries, damages, losses or expenses including without limitation personal injury,
bodily injury, sickness, disease, or death, or damage to or destruction of property, which
are alleged or proven to be caused in whole or in part by an act or omission of the Recipient,
its officers, directors, employees, and/or agents relating to the Recipients' performance or
failure to perform under this Agreement. The section shall survive the expiration or
termination of this Agreement.
9. Compliance with Laws. Guidelines. The Recipient shall comply with all federal, state, and
local laws and all requirements (including certifications and audits) of the IGA and
Program Guidelines,to the extent applicable,when seeking Reimbursement.
2
ARPA Recipient Agreement
10. Maintenance and Audit of Records. The Recipient shall maintain records, books,
documents, and other materials relevant to its performance under this Agreement. These
records shall be subject to inspection, review and audit by the County or its designee, the
Washington State Auditor's Office and as required by the IGA and Program Guidelines for
five(5)years following termination of this Agreement. If it is determined during the course
of the audit that the Recipient was reimbursed for unallowable costs under this Agreement
or any, the Recipient agrees to promptly reimburse the County for such payments upon
request.
11. Notices. Any notice desired or required to be given hereunder shall be in writing, and shall
be deemed received three (3) days after deposit with the U.S. Postal Service, postage fully
prepaid, certified mail, return receipt requested, and addressed to the party to which it is
intended at its last known address, or to such other person or address as either party shall
designate to the other from time to time in writing forwarded in like manner:
Recipient
Port of Allyn Water Company
Lary Coppola
18560 E State Routs 3
Allyn, WA 98524
Mason County
Attn: Jennifer Beierle
411 N Fifth St
Shelton, WA 98584
12. Improper Influence. Each party warrants that it did not and will not employ, retain, or
contract with any person or entity on a contingent compensation basis for the purpose of
seeking,obtaining,maintaining,or extending this Agreement. Each party agrees,warrants,
and represents that no gratuity whatsoever has been or will be offered or conferred with a
view towards obtaining, maintaining, or extending this Agreement.
13. Conflict of Interest. The elected and appointed officials and employees of the parties shall
not have any personal interest, direct or indirect, which gives rise to a conflict of interest.
14. Time. Time is of the essence in this Agreement.
15. Survival. The provisions of this Agreement that by their sense and purpose should survive
expiration or termination of the Agreement shall so survive. Those provisions include
without limitation Indemnification and Maintenance and Audit of Records.
16. Amendment. No amendment or modification to the Agreement will be effective without
the prior written consent of the authorized representatives of the parties.
3
ARPA Recipient Agreement
17. Governing Law; Venue. The Agreement will be governed in all respects by the laws of the
Washington State,both as to interpretation and performance,without regard to conflicts of
law or choice of law provisions. Any action arising out of or in connection with the
Agreement may be instituted and maintained only in a court of competent jurisdiction in
Mason County, Washington or as provided by RCW 36.01.050.
17. Non-Waiver. No failure on the part of the County to exercise, and no delay in exercising,
any right hereunder shall operate as a wavier thereof;nor shall any single or partial exercise
by the County of any right hereunder preclude any other or further exercise thereof or the
exercise of any other right.The remedies herein provided are cumulative and not exclusive
of any remedy available to the County at law or in equity.
18. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties
hereto and their respective successors.
19. Assignment. The Recipient shall not assign or transfer any of its interests in or obligations
under this Agreement without the prior written consent of the County.
20. Entire Agreement. This Agreement constitutes the entire agreement between the County
and the Recipient for the use of funds received under this Agreement and it supersedes all
prior or contemporaneous communications and proposals, whether electronic, oral, or
written between the parties with respect to this Agreement.
21. No Third Party Beneficiaries. Nothing herein shall or be deemed to create or confer any
right, action,or benefit in,to,or on the part of any person or entity that is not a party to this
Agreement. This provision shall not limit any obligation which either Party has to the
Washington State Department of Commerce in connection with the use of ARPA funds,
including the obligations to provide access to records and cooperate with audits as provided
in this Agreement.
22. Severability. In the event that one or more provisions of this Agreement shall be determined
to be invalid by any court of competent jurisdiction or agency having jurisdiction thereof,the
remainder of the Agreement shall remain in full force and effect and the invalid provisions
shall be deemed deleted.
23. Counterparts. This Agreement may be executed in one or more counterparts,any of which
shall be deemed an original but all of which together shall constitute one and the same
instrument.
24. Authorization. Each party signing below warrants to the other party,that they have the full
power and authority to execute this Agreement on behalf of the party for whom they sign.
4
ARPA Recipient Agreement
IN WITNESS WHEREOF, this Agreement is executed and shall become effective as of
the last date signed below.
DATED this day of , 2022.
RECIPIENT,Port of Allyn Water Company
By:
Print Name:
Its:
DATED this_day of , 2022.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY,WASHINGTON
Kevin Shutty, Chair
Sharon Trask, Commissioner
ATTEST:
Randy Neatherlin, Commissioner
McKenzie Smith, Clerk of the Board
APPROVED AS TO FORM:
Tim Whitehead, Chief DPA
5
ARPA Recipient Agreement
ATTACHMENT A
SCOPE OF WORK
The Board of Commissioners is directing up to $100,000 to the Port of Allyn Water Company
using federal ARPA funding for the purpose of installing a new well. These funds must be fully
distributed by the Port of Allyn Water Company by June 30, 2024. The intent of this grant is to
contribute towards providing a local water system infrastructure.
The Port of Allyn Water Company will be responsible for overseeing and installing the new well.
Program Funding and Award Amount
Mason County shall make $100,000 of ARPA funds available to the program that will be
reimbursed to Port of Allyn Water Company by the County following receipt of COVID-19
Reimbursement request support as stated in Sections 4 and 5 of this Agreement.
All funds are to be disbursed by the Recipient no later than June 30, 2024.
1. Application,Review and Distribution Process:
A-19 Submission, Port of Allyn Water Company will submit an A-19 equivalent report to the
County, on or before June 30, 2024, detailing the new well for the Port of Allyn Water
Company.
Reporting
Port of Allyn Water Company shall submit a final report on detailed costs, and provide an A-
19 equivalent report and signed certification detailing funds disbursed for the project to include
a description of the work, payment amounts, and dates of payments. Port of Allyn Water
Company shall maintain all documentation regarding the disbursement of grant funds under
this program through the contract period and will provide those materials to Mason County
electronically for future audit or other use.
6
ARPA Recipient Agreement
ATTACHMENT B
COMPENSATION
In order to maximize the amount of ARPA funds available to contribute to the construction of a
new well, Port of Allyn Water Company has agreed to waive any compensation under this
agreement to cover its administrative costs.
7
ARPA Recipient Agreement
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: KELLY FRAZIER
DEPARTMENT: FACILITIES EXT: S19
BRIEFING DATE: 8/1/2022
PREVIOUS BRIEFING DATES:
If this is a follow-up briefing, please provide only new information
INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources
❑ Legal ❑ Other— please explain
ITEM: Approval to place on the Action Agenda August 8th 2022 to upgrade the
security systems in all County buildings.
EXECUTIVE SUMMARY: (If applicable, please include available options and potential
solutions): All County buildings are in need of an upgrade due to advanced security technology.This
will provide County buildings with new panic buttons and an alarm system.
BUDGET IMPACT: $30,000
RECOMMENDED OR REQUESTED ACTION: Approval to place on the Action Agenda
August 8th 2022 to upgrade the security systems in all County buildings.
ATTACHMENTS: : Dan Dan The Locksmith Quote
Briefing Summary 7/27/2022
WORK ESTIMATE
DATE:July 20,2022
ESTIMATE#3072
SERVICE PROVIDER CUSTOMER
Dan Dan The Locksmithman Mason County
Dans's Locksmith Company Security Upgrades
CCP# DANDADL8090A Panic and Panels Upgrades
220 north 16'street
Shelton,Wa 98584
Phone:(360)426.5917
danslocksmithco@yahoo.com Kelly.Fraizer@masson.wa.gov
PROJECT DESCRIPTION: Supply and install panic devices and Main Iq4 Wireless Panel.Mason
County is responsible for the electrical Wiring to devices.
• DESCRIPTIO I N Units PER Unit,$ TOTAL
1 Qolsys IQ4 Panel With Alarm.com Radio and Mobile app 10 $985.00 $9,850.00
2 integration.
3 Digital Security Controls Power G Long Range Panic
4 devices. 150 $105.00 $15,750.00
5 Install and Programming for Panels and Devices $0.00
6 Alarm.com and monitoring Service Activation Fee 10 $45.00 $450.00
7 Monthly Monitoring Service Cost Per Unit 10 $27.50 $275.00
SUBTOTAL $26,325.00
$2,316.60
TAX
..._........_._._................_.................................._.-
TOTAL $28,641.60
For more invoice templates,visit:www.FreeOnlineinvoiGe.com
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
To: Board of Mason County Commissioners
From: John Taylor
Department: Parks &Trails Ext: 806
Briefing Date: 08/01/2022 Last Briefed 06/27/2022
Previous Briefing Dates:
If this is a follow-up briefing, please provide only new information
Item: North Mason Soccer Club asking to Extend their Season to end of November
Executive Summary: (If applicable, please include available options and potential
solutions):
Request a conclusion to the North Mason Soccer Club's (NMSC) request The NMSC
is asking to extend its soccer season to the end of November 2022. Currently, the NMSC
conducts its play on the Sandhill Baseball fields. If this request is approved, it will delay the
necessary maintenance preparations of the Sandhill Baseball fields, which occur in the
winter, to ensure the areas are operational for spring and summer baseball and softball.
Budget Impact:
N/A
Public Outreach:(Include any legal requirements, direct notice, website, community
meetings, etc.)
Extending the season creates challenges for both the Parks and Trails staff required to
maintain the fields, Parks, and trails administration staff who become the sounding board for
baseball and softball members and their families who are concerned about the shape of the
fields.
Recommended or Requested Action:
1. The request for extending the NMSC's request be disapproved based on the
complications it creates and the potential unsafe conditions, unprepared fields will create
during baseball and softball seasons.
Attachments:
No Attachments
Briefing Summary 7/27/2022
Cc:CMMRS Neatheriin,Shutty,Trask
Clerk Print, rmtIGr ILK
MASON COUNTY COMMfSSIONERS
411 NORTH PiFTH STREST_,
�,� 7Ei11 SHELTON WA 98584 '
MARFax 360-427-8437,Voice 360-427-9670,Ext.419,P75-4461 or482-5269
Mason County
Corrurissionrars
I AM SEEKING APPOINTMENTTO
IN&Dale S.Elmlund
ADDRESS: PH%0000�
----- K PHONE:
- VOTING PRECINCT.
WOR
` E�IAII
tghriruwn>EcouWmr hnuwn
-----------------
------------------------------------------------------------------
CO�ty�IINITY SERVICE p••r O�•+c�,r.nc ocstoFn wRF2/Inl r8 EXPERIENCE
s oa rnsH�sl CAP` _School district employee 15 yrs YRS
Santa:Non rot ancommunii youth
auffi and Allyn Fire DepaiD1,811t p0SfiION: Transportatlon and ethletica
Uihldn Ctt4-sbnt✓"Ii�` CPApLt USN retired YRS
Navigation end instructor coordinator
------------------------
------------------------------------------------------
in your words,what do you perceive is the role or purpose of the Board.Committee or Council for which You are applying:
Review all applications for housing as a member to ensure continued fair and equal housing for floss ins need^ e
ire crpa commu n vemen an p ass es -ng new ous rtg
,niti w r1 rldl han3tP YI/IL^�wr nnve®eO
What interests,skills do you wish to offer the Board,Committee,or Council?
Skills: {0 of public a havingnvnon a sense of fairness and oo se a0d yem of submarine service.
Lead mhtp experience:Retired Novel Samoa with extensive ersh P P�
Please list any financial,professional,or voluntary affiliations which may influence or affect your position on this Board:
(I.e,create a potential confUd of Interest)
Refer to above.
dent u attend) certain trainings made available by the County during regular business hours
Your pa rtiGpaftan is dependent port attending
(such el to attend sen uch rtralMeeti?s Act and Public Records).The tiainings would be at no cost to you.Would you be
Realistically,how much time can you give this position?
Q�dy x We" � Ofliee Use 011y
Dale S.Elmlund 3iIW2022 AppoinanantDate
Signature Deis Term
Mason County
Agenda Request Form
To: Board of Mason County Commissioners
From: Mark Neary Ext. 530
Department: County Administrator Briefing:
Action Agenda:
Public Hearing: ❑
Special Meeting: ❑
Briefing Date(s): August 1,2022 Agenda Date: August 16,2022
Internal Review: ❑ Finance ❑ Human Resources ❑ Legal ❑ Information Technology ❑ Other
Below for Clerk of the Board's Use Only:
Item Number:
Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken
Ordinance/Resolution No. Contract No. County Code:
Item:Authorization to award contract for Architectural and Engineering Professional Services.
Background/Executive Summary: Mason County issued a request for qualifications(RFQ) from
qualified individuals and firms for as-needed services for design and construction management
including all civil engineering and permitting requirements for County owned property located
throughout Mason County.
Three responses were received from The Driftmier Architects, PS; Erickson McGovern Architects, PLLC;
Helix Design Group. After review, staff is recommending the contract be awarded to Helix Design
Group.
Budget Impact(amount, funding source, budget amendment): Will depend on project
Public Outreach (news release, community meeting, etc.): Issued a request for qualifications for
Architectural and Engineering professional services.
Requested Action:Authorization to award contract for Architectural and Engineering Professional
Services to Helix Design Group and place the contract on the August 16 agenda.
Attachments: Statement of Qualifications is on file with County Administrator
•
•
Mason County Community Services — Briefing
August 1, 2022
Briefing Items
-� Mason County Public Health 2022-2024 Consolidated Contract Amendment 6—Dave Windom
Permitium Contract—Dave Windom
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: David Windom
DEPARTMENT: MCCS EXT: 260
BRIEFING DATE: August 1, 2022
PREVIOUS BRIEFING DATES:
If this is a follow-up briefing, please provide only new information NA
INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources
Legal x- Other — please explain
ITEM: MASON COUNTY PUBLIC HEALTH 2O22-2024 CONSOLIDATED CONTRACT,
AMENDMENT 6
EXECUTIVE SUMMARY: (If applicable, please include available options and potential
solutions): Adds statement of work and funding for Foundational Public Health Services. Period of
performance from July 1, 2022, to June 30, 2023.
BUDGET IMPACT: Increase $500,000
PUBLIC OUTREACH:(Include any legal requirements, direct notice,website, community
meetings, etc.)
Briefing, Action Agenda
RECOMMENDED OR REQUESTED ACTION: Move to Action Agenda for approval
ATTACHMENTS: Exhibit A, Amendment 6
Briefing Summary 7/27/2022
MASON COUNTY PUBLIC HEALTH
2022-2024 CONSOLIDATED CONTRACT
CONTRACT NUMBER: CLH31019 AMENDMENT NUMBER: 6
PURPOSE OF CHANGE: To amend this contract between the DEPARTMENT OF HEALTH hereinafter referred to as
"DOH",and MASON COUNTY PUBLIC HEALTH, a Local Health Jurisdiction,hereinafter referred to as"LHJ",
pursuant to the Modifications/Waivers clause,and to make necessary changes within the scope of this contract and any
subsequent amendments thereto.
IT IS MUTUALLY AGREED: That the contract is hereby amended as follows:
1. Exhibit A Statements of Work,includes the following statements of work,which are incorporated by this reference
and located on the DOH Finance SharePoint site in the Upload Center at the following URL:
hgps://stateofwa.sharepgint.com/sites/doh-ofsfundin¢resources/siteoges/home.aspx?=e 1:9a94688da2d94d3ca8Oac7fbc32e4d7c
® Adds Statements of Work for the following programs:
Foundational Public Health Services(FPHS)-Effective July 1,2022
❑ Amends Statements of Work for the following programs:
❑ Deletes Statements of Work for the following programs:
2. Exhibit B-6 Allocations,attached and incorporated by this reference,amends and replaces Exhibit B-5 Allocations as
follows:
® Increase of$1.266.000 for a revised maximum consideration of S4.909.842.
❑ Decrease of for a revised maximum consideration of
❑ No change in the maximum consideration of
Exhibit B Allocations are attached only for informational purposes.
Unless designated otherwise herein,the effective date of this amendment is the date of execution.
ALL OTHER TERMS AND CONDITIONS of the original contract and any subsequent amendments remain in full force
and effect.
IN WITNESS WHEREOF,the undersigned has affixed his/her signature in execution thereof.
MASON COUNTY PUBLIC HEALTH STATE OF WASHINGTON
DEPARTMENT OF HEALTH
Signature: Signature:
Date: Date:
APPROVED AS TO FORM ONLY
Assistant Attorney General
Page 1 of 1
EXHIBIT B-6
Mason County Public Health ALLOCATIONS Contract Number: CL 131019
Contract Term:2022-2024 Date: July 1,2022
Indirect Rate January 1,2022 through December 31,2022:17.26%
DOH Use Only
BARS Statement of Work Chart of Accounts Funding Chart of
Federal Award Assist Revenue LHJ Funding Period Funding Period Period Accounts
Chart of Accounts Program Title Identification# Amend# List#* Code** Start Date End Date Start Date End Date Amount SubTotal Total
FFY21 PHEP BP3 LHJ Funding NU90TP922043 Amd 2 93.069 333.93.06 01/O1/22 06/30/22 07/O1/21 06/30/22 $34,459 $34,459 $34,459
FFY21 Overdose Data to Action Prev NU17CE925007 Amd 4 93.136 333.93.13 01/O1/22 08/31/22 09/O1/21 08/31/22 $2,696 $37,808 $37,808
FFY21 Overdose Data to Action Prev NU17CE925007 Amd 3 93.136 333.93.13 01/01/22 08/31/22 09/O1/21 08/31/22 $35,112
COVID19 Vaccines NIMIP922619 Amd 4 93.268 333.93.26 01/01/22 06/30/24 07/O1/20 06/30/24 $354,803 $354,803 $354,803
COVID19 Vaccines R4 NH23IP922619 Amd 1 93.268 333.93.26 01/O1/22 06/30/24 07/01/20 06/30/24 $354,803 $354,803 $354,803
FFY22 PPHF Ops NH23IP922619 Amd 3 93.268 333.93.26 01/O1/22 06/30/22 07/O1/21 06/30/22 $500 $500 $500
FFY19 COVID CARES NU50CK000515 Amd 2,3 93.323 333.93.32 01/O1/22 06/30/22 04/23/20 07/31/24 $65,595 $65,595 $65,595
FFY19 ELC COVID Ed LHJ Allocation NUSOCK000515 Amd 3 93.323 333.93.32 01/O1/22 10/18/22 05/19/20 10/18/22 ($29,966) $213,061 $213,061
FFY19 ELC COVID Ed LHJ Allocation NU50CK000515 Amd 2 93.323 333.93.32 01/O1/22 10/18/22 05/19/20 10/18/22 $243,027
FFY20 ELC EDE LHJ Allocation NU50CK000515 Amd 3 93.323 333.93.32 01/O1/22 12/31/22 01/15/21 07/31/24 ($30) $894,824 $894,824
FFY20 ELC EDE LHJ Allocation NU50CK000515 Amd 2 93.323 333.93.32 01/O1/22 12/31/22 01/15/21 07/31/24 $894,854
FFY22 Vector-borne T2&3 Epi ELC FPH NGA Not Received Amd 5 93.323 333.93.32 08/O1/22 09/30/22 08/01/22 07/31/23 $2,750 $2,750 $5,500
FFY21 Vector-borne T2&3 Epi ELC FPH NGA Not Received Amd 5 93.323 333.93.32 06/O1/22 07/31/22 08/01/21 07/31/22 $2,750 $2,750
FFY22 MCHBG LHJ Contracts B0445251 Amd 1 93.994 333.93.99 01/O1/22 09/30/22 10/O1/21 09/30/22 $50,770 $50,770 $50,770
GFS-Group B(FO-SW) Amd 1 N/A 334.04.90 01/O1/22 06/30/22 07/01/21 06/30/22 $6,469 $6,469 $6,469
Rec ShellfishBiotoxin Amd 1 N/A 334.04.93 01/01/22 06/30/23 07/01/21 06/30/23 $5,250 $5,250 $5,250
Wastewater Management-GFS Amd 1 N/A 334.04.93 07/O1/22 06/30/23 07/O1/21 06/30/23 $60,000 $60,000 $75,000
Wastewater Management-GFS Amd 1 N/A 334.04.93 07/O1/22 06/30/23 07/01/21 06/30/23 $15,000 $15,000
FPHS-LHJ-Proviso(YR2) kmd 6 N/A 336.04.25 07/01/22 06/30/23 07/01/21 06/30/23 $1,266,000 $1,266,000 $2,788,000
FPHS-LHJ-Proviso (YR2) Amd 1 N/A 336.04.25 07/O1/22 06/30/23 07/O1/21 06/30/23 $761,000 $761,000
FPHS-LHJ-Proviso (YRI) Amd I N/A 336.04.25 01/01/22 06/30/22 07/01/21 06/30/23 $761,000 $761,000
YR24 SRF-Local Asst(15%)(FO-SW)SS Amd 1 N/A 346.26.64 01/O1/22 12/31/22 07/O1/21 06/30/23 $11,000 $11,000 $11,000
Sanitary Survey Fees(FO-SW)SS-State Amd 1 N/A 346.26.65 01/01/22 12/31/22 07/01/21 06/30/23 $11,000 $11,000 $11,000
YR24 SRF-Local Asst(15%)(FO-SW)TA AmdI N/A 346.26.66 01/O1/22 12/31/22 07/01/21 06/30/23 $1,000 $1,000 $1,000
Pagel of 2
EXHIBIT B-6
Mason County Public Health ALLOCATIONS Contract Number: CLH31019
Contract Term:2022-2024 Date: July 1,2022
Indirect Rate January 1,2022 through December 31,2022:17.26%
DOH Use Only
BARS Statement of Work Chart of Accounts Funding Chart of
Federal Award Assist Revenue LHJ Funding Period Funding Period Period Accounts
Chart of Accounts Program Title Identification# Amend# List#* Code** Start Date End Date Start Date End Date Amount SubTotal Total
TOTAL $4,909,842 $4,909,842
Total consideration: $3,643,842 GRAND TOTAL $4,909,842
$19266,000
GRAND TOTAL $49909,842 Total Fed $2,012,123
Total State $2,897,719
*Catalog of Federal Domestic Assistance
**Federal revenue codes begin with"333".State revenue codes begin with"334".
Page 2 of 2
Exhibit A
Statement of Work
Contract Term:2022-2024
DOH Program Name or Title: Foundational Public Health Services(FPHS)- Local Health Jurisdiction Name: Mason County Public Health
Effective July 1,2022
Contract Number: CLH31019
SOW Type: Original Revision#(for this SOW) Funding Source Federal Compliance Type of Payment
❑Federal<Select One> (check if applicable) ❑Reimbursement
® State arenc ®Periodic Distribution
Period of Performance: July 1,2022 through June 30,2023 ❑Other ❑FFATATrans( Development
p y Act)
Research&Develo ment
Statement of Work Purpose: Per RCW 43.70.512,Foundational Public Health Services(FPHS)funds are for the governmental public health system:local health jurisdictions,
Department of Health,state Board of Health,sovereign tribal nations and Indian health programs. These funds are to build the system's capacity and increase the availability of
FPHS services statewide.
Revision Purpose: N/A
Master Assistance BARS Allocation
LHJ Funding Period Change Index Listing Revenue Current g Total
DOH Chart of Accounts Master Index Title Code Number Code Start Date End Date Allocation Increase(+) Allocation
FPHS-LHJ-Proviso YR2 99202112 N/A 336.04.25 07/01/22 06/30/23 0 1,266,000 1,266,000
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
TOTALS 0 1,266,000 1,266,000
Task Activity Deliverables/Outcomes Due Date/Time Frame Payment Information
# and/or Amount
FPHS funds to each LHJ—See below in Program Specific See below in Program Specific See below in Program
I Requirements—Activity Special Instructions for details Requirements-Deliverables Specific Requirements- $628,000
Deliverables
Assessment funds to each LHJ—See below in Program Specific See below in Program Specific See below in Program
2 Specific Requirements- $60,000
Requirements—Activity Special Instructions for details Requirements-Deliverables Deliverables
3
Assessment funds to each LHJ—CHA/CHIP—See below in Program See below in Program Specific See below in Program
Specific Requirements- $30,000
Specific Requirements—Activity Special Instructions for details Requirements-Deliverables Deliverables
CD—Hepatitis C—See below in Program Specific Requirements— See below in Program Specific See below in Program
4 Specific Requirements- $103,000
Activity Special Instructions for details Reauirements-Deliverables Deliverables
Exhibit A,Statement of Work Page 1 of 6 Contract Number CLH31019—Special Amendment 6
Task Activity Deliverables/Outcomes Due Date/Time Frame Payment Information
# and/or Amount
CD—Case Investigation Capacity—See below in Program Specific See below in Program Specific See below in Program
5 Requirements—Activity Special Instructions for details Requirements-Deliverables Specific Requirements- $85,000Deliverables
Lifecourse—Infrastructure&Workforce Capacity—See below in See below in Program
See below in Program Specific
6 Program Specific Requirements—Activity Special Instructions for Requirements-Deliverables Specific Requirements- $360,000
details I Deliverables
DOH Program and Fiscal Contact Information for all ConCon SOWs can be found on the DOH Finance SharePoint site.Questions related to this SOW,or any other
finance-related inquiry,may be sent to finance a,doh.wa.gov.
FPHS staff from DOH and the Washington State Association of Local Public Health Officials(WSALPHO)will coordinate and communicate together to build and assure common
systemwide approaches per FPHS Steering Committee direction and the FPHS framework intent.
• For LHJ questions about the use of funds:
o Chris Goodwin,FPHS Policy Advisor,WSALPHO—cgoodwin(a,,wsac.org,564-200-3166
o Brianna Steere,FPHS Policy Advisor,WSALPHO—bsteere ,wsac.org,564-200-3171
• For other questions:
o Marie Flake,FPHS Lead,DOH—marie.flake(&doh.wa.gov,360-951-7566
Program Specific Requirements
The Steering Committee is engaged in a long-term,multi-biennial,phased,building-block approach to full funding and implementation of of FPHS,statewide that includes:
• Full funding of FPHS with adequate,dedicated,stable funding that keeps pace with inflation and demand for services
• Full implementation of FPHS that includes system transformation and modernization to deliver services in the most equitable,effective,and efficient manner possible
for the funds available
Foundational Public Health Services Definitions and related information can be found here: www.doh.wa.gov/fphs or FPHS I Powered by Box.
Stable funding and an iterative decision-making process—The FPHS Steering Committee is the decision making body for FPHS. The Steering Committee provides oversight
including determination of goals,priorities,budget request,funding allocation and accountability metrics. The Steering Committee relies on FPHS Subject Matter Expert
(SME)Workgroups and other FPHS workgroups to ensure a collaborative,systemwide,decision making process.The Steering Committee use an iterative approach to
decision making. This means that additional tasks and/or funds may be added to a local health jurisdiction's(LHJ)FPHS Statement of Work(SOW)as funding decisions are
made.
Annual Allocations—The legislature appropriates FPHS funding on an annual basis and the FPHS Steering Committee allocates funds annually through the FPHS Concurrence
Process for the State Fiscal Year(SFY):July-June. FPHS funds can be applied retroactively to expenditures within the SFY for which they were allocated even if the
expenditure occurred before the Steering Committee made the allocation decision or the agency contract was signed.
SFYs are named for the year in which they end. The state biennium is named for the year in which it begins and ends.
• SFY22(July 1,2021—June 30,2022);half of annual FPHS allocation disbursed July 1,2021 and January 1,2022
• SFY23 (July 1,2022—June 30,2023);half of annual FPHS allocation disbursed July 1,2022 and January 1,2023
• SFY 22&23 comprise the 2021—2023 Biennium(21-23)
Exhibit A,Statement of Work Page 2 of 6 Contract Number CLH31019—Special Amendment 6
The Legislature appropriates FPHS funding amounts for each fiscal year of the biennium. This means that funds must be spent within that fiscal year and cannot be carried
forward. Any funds not spent by June 30t'each year must be returned to the State Treasury. Funding allocations reset and begin again at the start of the next fiscal year
(July 0.
The Consolidated Contract(ConCon)is based on the calendar year and renewed every 3 years.FPHS statements of work may include reference information such as
allocations,fund disbursement schedules,deliverable due dates,etc.that fall outside of the current 3-year contract period if they are part of the same state fiscal year. The
purpose for including this information in the ConCon is to provide a)historical information from the previous ConCon cycle;and/or b)prospective information about future
ConCon cycle,if they are part of the same SFY.
Disbursement of FPHS funds to LHJs—Unlike other ConCon grants,FPHS bill-back to DOH is NOT required. Half of the annual FPHS funds allocated by the Steering
Committee to each LHJ are disbursed,each July and January. The July payments to LHJs and access to FPHS allocation for all other parts of the governmental public health
system occur upon completion of the FPHS Annual Assessment.
Spending of FPHS funds—The FPHS funds are for assuring FPHS services are available,and as reflected in the SOW. Each agency is responsible for deciding how to spend
their funds within the parameters established by the FPHS Steering Committee and the SOW contract. Assurance includes providing the FPHS,as part of your jurisdiction's
program operations,contracting with another governmental public health system partner to provide the service,or receiving the service through a new service delivery model
such as cross jurisdictional sharing or regional staff.
Deliverables—FPHS funds are to be used to increase the availability of FPHS services statewide. The FPHS accountability process measures how funds are sent,along with
changes in system capacity through the FPHS Annual Assessment,system performance indicators,and other data. Each part of the governmental public health system that
receives FPHS funds must complete:
1. Routine reporting of spending and spending projections. Process and reporting template are provided by the FPHS Steering Committee via FPHS Support Staff.
Unspent or projected unspent funds may be reallocated by the Steering Committee to other FPHS activities in order to fully utilize funds within the state fiscal year
timeframe to deliver services to Washington communities.Any FPHS funds unspent at the end of the state fiscal year(ending June 30)revert to the state treasury.
Because LHJs receive funds up front,prospectively,any unspent funds and must be returned to DOH by end of July of each year for DOH to return to the Office of
Financial Management.
2. FPHS Annual Assessment is due each July to report on the previous state fiscal year.Process and reporting template are provided by the FPHS Steering Committee
via FPHS Support Staff. System results are published in the annual FPHS Investment Report available at www.doh.wa.gov/fehs.
BARS Revenue Code:336.04.25
BARS Expenditure Coding—provided for your reference
562.xx BARS Expenditure Codes for FPHS activities:see below
10 FPHS Epidemiology& Surveillance
11 FPHS Community Health Assessment
12 FPHS Emergency Preparedness&Response
13 FPHS Communication
14 FPHS Policy Development
15 FPHS Community Partnership Development
16 FPHS Business Competencies
17 FPHS Technology
20 FPHS CD Data&Planning
Exhibit A,Statement of Work Page 3 of 6 Contract Number CLH31019—Special Amendment 6
21 FPHS Promote Immunizations
23 FPHS Disease Investigation—Tuberculosis TB
24 FPHS Disease Investigation—Hepatitis C
25 FPHS Disease Investigation—Syphilis,Gonorrhea&HIV
26 FPHS Disease Investigation—STD other
27 FPHS Disease Investigation—VPD
28 FPHS Disease Investigation—Enteric
29 FPHS Disease Investigation—General CD
40 FPHS EPH Data&Planning
41 FPHS Food
42 FPHS Recreational Water
43 FPHS Drinking Water Quality
44 FPHS On-site Wastewater
45 FPHS Solid&Hazardous Waste
46 FPHS Schools
47 FPHS Temporary Worker Housing
48 FPHS Transient Accommodations
49 FPHS Smoking in Public Places
50 FPHS Other EPH Outbreak Investigations
51 FPHS Zoonotics includes vectors
52 FPHS Radiation
53 FPHS Land Use Planning
60 FPHS MCH Data&Planning
70 FPHS Chronic Disease,Injury&Violence Prevention Data&Planning
80 FPHS Access/Linkage with Medical Oral and Behavioral Health Care Services Data&Planning
90 FPHS Vital Records
91 FPHS Laboratory—Centralized HSKC Only)
92 FPHS Laboratory
There are two different BARS Revenue Codes for"state flexible funds"to be tracked separately and reported separately on your annual BARS report. These two BARS
Revenue Codes and definitions from the State Auditor's Office(SAO's)are listed below along with a link to the BARS Manual. 336.04.25 is the new BARS Revenue
Code to use for the Foundational Public Health Services(FPHS)funds included in this statement of work.
336.04.24—County Public Health Assistance
Use this account for the state distribution authorized by the 2013 2ESSB 5034,section 710.The local health jurisdictions are required to provide reports regarding
expenditures to the legislature from this revenue source.
336.04.25—Foundational Public Health Services
Use this account for the funding designated for the local health jurisdictions to provide a set of core services that government is responsible for in all communities in
the WA state. This set of core services provides the foundation to support the work of the broader public health system and community partners.At this time the
funding from this account is for delivering ANY or all of the FPHS communicable disease services(listed above)and can also be used for the FPHS capabilities that
support FPHS communicable disease services as defined in the most current version of FPHS Definitions.
Public Health Budgeting,Accounting and Reporting System(BARS)Resources: www.doh.wa.gov/lhifunding
Special References(i.e.,RCWs,WACs,etc.):
Exhibit A,Statement of Work Page 4 of 6 Contract Number CLH31019—Special Amendment 6
Link to RCW 43.70.512—RCW 43.70.512:Public health system Foundational public health services—Intent.(wa.gov)
Link to RCW 43.70.515—RCW 43.70.515:Foundational public health services—Funding.(wa.gov)
Activity Special:Instructions:
1. FPHS funds to each LHJ
These funds are allocated to each Local Health Jurisdiction to assure FPHS are available in their own Jurisdiction. In coordination with the FPHS Steering Committee and
Subject Matter Expert(SME)Workgroups,these funds may be used to provide any of the activities described in the most current version of FPHS definitions for
foundational programs and foundational capabilities. Each LHJ is empowered to prioritize where and how to use these funds to maximize equitable,effective and
efficient delivery of FPHS to every community in Washington.
Even if FPHS services are provided by another agency through a contract,new service delivery model,or centralized service delivery model(such as the State Public
Health Lab),all agencies that receive FPHS funds are responsible for reporting progress on the availability and implementation within their jurisdiction using the FPHS
Annual Assessment.
These funds are not intended for fee-based services such as selected environmental public health services,licensing of healthcare facilities,screening of newborn babies
for congenital disorders,etc. As state funding for FPHS increases,other funds sources(local revenue,grants,federal block grants)should be directed to the
implementation of additional important services and local/state priorities as determined by each agency/jurisdiction.
Use BARS expenditure codes from the list above that most closely align with expenditure made.
Pandemic Response—These FPHS funds are to be used as directed and allocated by the FPHS Steering Committee to deliver FPHS services. As the global
COVID-19 pandemic and the public health response to it continues to wane,these FPHS funds can be braided with and used to supplement other short-term
pandemic response funding as needed for FPHS activities during this period of performance through 6/30/23. Responding to pandemics,epidemics and public
health emergencies are foundational services of the governmental public health system.
2. Assessment funds to each LHJ—(FPHS definition G.2)
These funds are allocated to each Local Health Jurisdiction to assure FPHS are available in their own jurisdiction-Support LHJ assessment capacity with flexible funds to
meet locally identified needs.BARS expenditure codes: 562.10 or 11
3. Assessment funds to each LHJ—CHA/CHIP(FPHS definitions G.3)
These funds are allocated to each LHJ to assure FPHS are available in their own jurisdiction-
Support any CHA/CHIP activity or service(e.g.,data analysis,focus groups,report writing,process facilitation)and may be used to contract with other agencies for staff
time or services. Use BARS expenditure codes:562.11
4. CD—Hepatitis C(FPHS definitions C.4.o-p)
These funds are to select LHJs to assure FPHS are available in their own jurisdictions—Address Hepatitis C cases per guidance developed by the statewide FPHS
Communicable Disease Workgroup,including,but not limited to: shared priorities,standardized surveillance,minimum standards of practice,common metrics and
staffing models.Use BARS expenditure codes:562.24.
The priorities for the 2021-2023 biennium(July 2021—June 2023):
• Surveillance—entering labs into Washington Disease Reporting System(WDRS),enter acute cases into WDRS.
• Investigation—focus on acute cases: people aged 35 or younger,newly diagnosed,pregnant women,people seen in the ED/inpatient,Black,Indigenous and
People of Color or other historically marginalized population,and incorporate Hepatitis B work.
5. CD—Case investigation Capacity(FPHS definitions C.2,C.4)
Exhibit A,Statement of Work Page 5 of 6 Contract Number CLH31019—Special Amendment 6
These funds are to select LHJs to assure FPHS are available in their own jurisdictions-Support LHJ communicable disease capacity to conduct case investigation and
follow up to reduce gaps and meet locally identified needs that address notifiable conditions responsibilities.Use BARS expenditure codes:562.23-29.
6. Lifecourse—Infrastructure&Workforce Capacity(FPHS definitions D,E,F)
These funds are to each LHJ to assure FPHS are available in their own jurisdictions-Infrastructure and workforce investments to each LHJ to meet fundamental needs in
three areas:Maternal/Child/Family Health;Access/Linkage with Medical,Oral and Behavioral Health Services;and Chronic Disease,Injury and Violence Prevention.
Use BARS expenditure codes:562.60 or 70 or 80.
Exhibit A,Statement of Work Page 6 of 6 Contract Number CLH31019—Special Amendment 6
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: David Windom
DEPARTMENT: MCCS EXT: 260
BRIEFING DATE: Aug 2, 2022
PREVIOUS BRIEFING DATES:
If this is a follow-up briefing, please provide only new information NA
INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources
xo Legal xo Other— please explain
ITEM: Contract for Permitium
EXECUTIVE SUMMARY: (If applicable, please include available options and potential
solutions): Permitium offers an online option for ordering vital records from the health department.
Customers can log in, request birth or death certificates, and pay for those certificates. Permitium then
sends a workflow to the health department for printing. Permitium collects the funds for public health
and sends them to us. The customer is charged a service charge which is collected by Permitium. The
Sheriff's office uses this company for concealed carry permits.
BUDGET IMPACT: None
PUBLIC OUTREACH:(Include any legal requirements, direct notice,website, community
meetings, etc.)
Briefing
RECOMMENDED OR REQUESTED ACTION: Approve the Permitium contract.
ATTACHMENTS:
Briefing Summary 7/27/2022
USER LICENSE AGREEMENT FOR AN ONLINE VITAL RECORDS REQUEST
APPLICATION
This user license agreement for an online vital records request application(the"User License
Agreement") is made and entered into this_day of , by and between Mason County
Public Health, Washington(the"CLIENT")and Permitium,LLC ("Permitium"), a corporation
in good standing authorized to do business in the State of North Carolina with its principal place
of business at 10617 Southern Loop Blvd. Pineville,NC 28134.
For and in consideration of the mutual promises set forth in the User License Agreement,the
adequacy of which is hereby expressly acknowledged,the parties do mutually agree as follows:
1. Basic Obligations of Permitium. Permitium hereby agrees to provide the services
described in the attached Statement of Work(attached hereto as Exhibit 1) in accordance
with the terms and conditions of this User License Agreement as requested in writing by
the CLIENT.
2. Basic Obligations of the CLIENT. For any services requested in writing by the
CLIENT,the CLIENT agrees to compensate Permitium at the rates set forth in the
attached Statement of Work(Exhibit 1).
3. Term. Contract will be effective from ,through This
Agreement shall be automatically renewed for successive one(1)year terms unless either
Party provides the other Party with sixty(60)days prior written notice to the end of the
Initial Term or the Renewal Term.
4. Fee Collection and Payment. Permitium will collect online payments and agrees to
deliver the CLIENT a monthly statement by the 25d of each month which will itemized
for every transaction submitted the previous month along with a check or ACH for the
total amount collected less credit card fees listed on Exhibit 1.
5. Termination for Cause. At any time after 30 days of the software deployment, the
CLIENT may terminate this User License Agreement immediately and without prior
notice if Permitium is unable to meet goals and timetables or if the CLIENT is
dissatisfied with the quality of services provided.
6. Insurance. Permitium agrees to maintain a minimum of$6,000,000 in general liability,
$5,000,000 in cyber liability, and other appropriate insurance, as well as Workers
Compensation in the required statutory amount, for all employees participating in the
provision of services under this User License Agreement. Certificates of such insurance
shall be furnished by the Permitium to the CLIENT and shall contain the provision that
the CLIENT is given ten (10)days' written notice of any intent to cancel or terminate by
either the Permitium or the insuring company. Failure to furnish such insurance
certificates or maintain such insurance shall be deemed a material breach and grounds for
immediate termination of this User License Agreement. All Permitium liabilities as
1
defined within this User License Agreement will be capped at the greater of the
compensation received by Permitium, or the above stated insurance liability policy limits.
7. Taxes. Permitium shall pay all federal, state and FICA taxes for all of its employees
participating in the provision of services under this User License Agreement.
8. Monitoring and Auditing. Permitium shall cooperate with the CLIENT, or with any
other person or agency acting at the direction of the CLIENT, in their efforts to monitor,
audit,or investigate activities related to this User License Agreement. Permitium shall
provide any auditors retained by the CLIENT with access to any records and files related
to the provision of services under this User License Agreement upon reasonable notice.
The CLIENT agrees that its auditors will maintain the confidentiality of any trade secrets
of Permitium that may be accessed during an audit conducted under this User License
Agreement.
9. Confidentiality Information. Permitium agrees that all records, data,personnel records,
and/or other confidential information that come within Permitium' possession in the
course of providing services to the CLIENT under this User License Agreement
(hereinafter, "Confidential Information") shall be subject to the confidentiality and
disclosure provisions of all applicable federal and state statutes and regulations, as well as
any relevant policies of the CLIENT. All data and/or records provided by the CLIENT to
Permitium shall be presumed to be Confidential Information subject to the terms of this
section unless the CLIENT specifically indicates in writing that the requirements of this
section do not apply to a particular document or group of documents.
Permitium agrees to receive and hold Confidential Information,whether transmitted
orally, in writing or in any other form, and whether prepared by a party or its
Representatives, in strict confidence, and to use the Confidential Information solely for
the purpose of facilitating CLIENT's use of Permitium' products and services. Except as
essential to Permitium' obligations to CLIENT,Permitium shall not copy any of the
Confidential Information,nor shall Permitium remove any Confidential Information or
proprietary property or documents from CLIENT premises without written authorization
of the CLIENT. Permitium acknowledges its understanding that any unauthorized
disclosure of Confidential Information may result in penalties and other damages.
10. Security. Permitium represents and warrants that all documents and information
provided to Permitium by or behalf of the CLIENT, including but not limited to
Confidential Records, shall be stored and maintained by Permitium with the utmost care
and in conformity with standards generally accepted in Permitium' industry for the types
of records being stored and maintained. Permitium further represents and warrants that
any online access to the CLIENT's records authorized persons pursuant to this User
License Agreement shall be safe, secure, and password-protected and provided with the
utmost care and in conformity with standards generally accepted in Permitium' industry
for the types of records being stored and maintained, and that no person shall be
2
permitted to obtain unauthorized access to any of the CLIENT's records. Without
limiting the foregoing, Permitium specifically warrants that:
10.1. All servers, computers, and computer equipment used to provide services
pursuant to this User License Agreement shall be maintained in good working
order in compliance with generally accepted industry standards in light of the
confidential nature of the documents in question and shall be located in a safe,
controlled, and environmentally stable environment(including moisture and
temperature controls) and adequately protected against fires, hurricanes, flooding,
or similar occurrences;
10.2. Facilities where services are provided shall be secure and access shall be limited
to employees trained in security protocols with a legitimate business need to
access such facilities (with access removed immediately upon termination of
employment)and shall be protected from unauthorized access by commercially
reasonable security systems;
10.3. All websites,FTPs, and any other online electronic system used to provide
services pursuant to this User License Agreement shall be protected from security
breaches by commercially reasonable firewalls and other intrusion detections
systems and antivirus software,which shall be kept updated at all times. Access
shall be limited to those agents and employees of Permitium assigned to the
project and any individuals identified in writing by the CLIENT or CLIENT's
Designee as authorized to obtain access.
10.4. Permitium have technical controls in place that ensure the security, availability
and confidentiality of CLIENT data.
10.5. All information provided to Permitium pursuant to this User License Agreement
shall be encrypted while in transit over an open network.
11. Standard of Care. Notwithstanding anything in this User License Agreement to the
contrary, Permitium represents and warrants that the services provided by Permitium
shall be performed by qualified and skilled individuals in a timely and professional
manner with the utmost care and in conformity with standards generally accepted in
Permitium' industry for the types of services and records governed by this User License
Agreement.
12.Indemnification. Permitium shall indemnify the CLIENT, its agents,and employees,
from and against all damages directly arising out of Permitium's breach of this
Agreement. This provision shall survive the expiration or termination
of this Agreement and remain in full force and effect after such expiration or
termination. Notwithstanding the foregoing Permitium's maximum indemnification will
be limited to the amount of insurance set forth within section 6.
CLIENT shall indemnify Permitium, its agents, and employees from and against all
damages directly arising out of CLIENT's breach of this Agreement. This provision shall
survive the expiration or termination of this Agreement and remain in full force and
effect after such expiration or termination.
3
13.Relationship of Parties. Permitium shall be an independent User License Agreement of
the CLIENT, and nothing herein shall be construed as creating a partnership or joint
venture; nor shall any employee of Permitium be construed as an employee, agent or
principal of the CLIENT.
14. Compliance with Applicable Laws.Permitium shall comply with all applicable laws
and regulations in providing services under this User License Agreement. Without
limiting the foregoing, Permitium specifically represents that it is aware of and in
compliance with the Immigration Reform and Control Act and that it will collect properly
verified I-9 forms from each employee providing services under this User License
Agreement. Permitium shall not employ any individuals to provide services to the
CLIENT who are not authorized by federal law to work in the United States.
15.Applicable CLIENT Policies. Permitium specifically acknowledges that it will comply
with all applicable CLIENT policies, all of which are publicly available on the CLIENT's
website.
16.Assignment.Neither party may transfer, assign, or delegate any rights, duties, interest, or
obligations under this Contract to any other person or entity without the other parry's
prior written consent.Notwithstanding the foregoing,Permitium may (without the
CLIENT's consent) assign this agreement and all of its rights, duties, interests and
obligations hereunder to any entity into which it merges,has a change in control
representing a conveyance of more than 50%of its ownership interests, or to which it
sells all or substantially all of its assets. Permitium agrees to notify the client within 10
business days of any assignment.
17.User License Agreement Modifications. This User License Agreement may be
amended only by written amendments duly executed by and between the CLIENT and
Permitium.
18. Washington Law. Washington law will govern the interpretation and construction of the
User License Agreement. Any litigation arising out of this User License Agreement shall
be filed, if at all, in a court or administrative tribunal located in the State of Washington.
19. Entire Agreement. This User License Agreement constitutes and expresses the entire
agreement and understanding between the parties concerning the subject matter of this
User License Agreement and supersedes all prior and contemporaneous discussions,
promises,representations, agreements and understandings relative to the subject matter of
this User License Agreement.
20. Severability. If any provision of this User License Agreement shall be declared invalid
or unenforceable,the remainder of the User License Agreement shall continue in full
force and effect.
21.Notices.Any notice or other communication provided for herein as given to a party
4
hereto shall be in writing, shall refer to this Agreement by parties and date, and shall be
delivered by registered mail,return receipt required,postage prepaid to the person listed
below or his successor.
If to: Permitium
Permitium, LLC
Attn: Matt Solomon
10617 Southern Loop Blvd.
Pineville,NC 28134
If to CLIENT:
Mason County Public Health, WA
Attn: David Windom
415N6thSt
Shelton WA 98584
22. Cooperative Procurement. As additional consideration for this User License
Agreement, and pursuant to state and local laws and procurement rules, Permitium agrees
to extend an option to purchase products or services covered under this contract at the
same prices, and under the same terms and conditions,to other contracting agencies.
Any such purchases shall be between Permitium and the participating agency and shall
not impact Permitium's obligations to the CLIENT under this User License Agreement.
Each contracting agency shall execute its own contract with Permitium. Any estimated
purchase volumes or user counts listed herein do no include other public agencies and the
CLIENT makes no guarantee as to their participation.
23.Authority of Signatories. The persons executing this User License Agreement hereby
represent and warrant that they have full authority and representative capacity to execute
the User License Agreement in the capacities indicated below and this User License
Agreement constitutes the binding obligation of the parties on whose behalf they signed.
5
IN WITNESS WHEREOF,the parties have hereunto set their hands and seals the day
and year indicated above.
Mason County Public Health,WA PERMITIUM,LLC
Printed Name: Printed Name:
Signed: Signed:
ITS: ITS: Managing Partner
DATE: DATE:
6
STATEMENT OF WORK—EXHIBIT 1
Implementation Plan
• Configure the initial instance of the new Permitium solution based on the Client's process
and Permitium's demonstration site
• Refine the new Permitium solution through an iterative process based on input received
from the Client's staff during the testing phase
• Test the Permitium solution, revise as needed and prepare it for production
• Provide training for the Client's staff as needed
• Provide ongoing support, hosting and management of the Permitium Solution
Implementation Team
Permitium Support Team 855-712-PERM support(d�permitium.com
Client Executive Sponsor
Project Manager
Data and Security
All data collected in the Client's instance of VitalDirector is the property of the Client.
Permitium does not own and will not distribute data without the written consent of the Client.
All passwords placed within the system are encrypted and not accessible by the Permitium staff.
Cost of Service
Cost for VitalDirector software, implementation services or support—Permitium will charge
$4.00 for all transactions as an embedded fee or
$4.00 passed on as a convenience fee back to the applicant for each application submitted.
Credit card company fees are passed through to the applicant by Permitium based on our contract
rate along with a$.35 vital verify fee,when applicable. The current rate is $.30 per transaction
plus 2.9%of the total transaction.
Permitium will charge our convenience fees and applicable credit card fees for all orders
processed through Permitium regardless of if payment is received and/or the method of payment.
Any needed Digital Conversion Services by the Client performed by Permitium will be available
anytime under this agreement utilizing an existing cooperative purchasing program called the
Charlotte Cooperative Purchasing Agreement(CCPA). The CCPA coop government rates can be
found at www.charlottealliance.org
7
Mason County Public Works — Briefing
August 1, 2022
Briefing Items
Private Line Occupancy Permit for Bill Hanson at 7241 NE Tahuya Blacksmith Rd
Discussion Items
Commissioner Follow-Up Items
Upcoming Calendar Items
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Mike Collins, PLS, PE, Deputy Director/County Engineer
DEPARTMENT: Public Works EXT: 450
BRIEFING DATE: August 1 2022
PREVIOUS BRIEFING DATES:
If this is a follow-up briefing, lease provide only new information
INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human
Resources ❑ Legal ❑ Information Technology ❑ Other — please explain
ITEM: Private Line Occupancy Permit
EXECUTIVE SUMMARY:
Mr. Bill Hanson has applied for a Private Line Occupancy Permit for an existing
underground sewer transport line under and an existing internet cable line. Both of these
lines run under run the road at address 7241 NE Tahuya Blacksmith road Serving parcel
number 22304-77-90131.
BUDGET IMPACT:
An application fee of $200 has been paid to process the proposed Private Line Occupancy
Permit.
RECOMMENDED OR REQUESTED ACTION:
Recommend the Board approve the Private Line Occupancy Permit granting permission for
the existing sewer transport and cable line under Tahuya Blacksmith Road to serve parcel
number 22304-77-90131.
ATTACHMENT:
1. PLO (Page A-4, Area Map)
IN THE MATTER OF THE APPLICATION OF William Hanson
FOR A PRIVATE LINE UTILITY OCCUPANCY PERMIT TO CONSTRUCT,OPERATE,
AND MAINTAIN Cable service line and on-site Septic transport line
ALONG AND UNDER Tahuya Blacksmith Road A COUNTY MAINTAINED ROAD
LOCATED IN MASON COUNTY,WASHINGTON
Application of William Hanson with principal residence located at
7241 NE Tahuya Blacksmith Road,Tahuya,WA 98588,by and through William Hanson,
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): Cable service line and on-site septic transport line to
drain field for tax parcel: 22304-77-90131.
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 Permittee's utility facilities and Work within the road rights-of-way or other
County property shall be performed in compliance with the provisions of Title 12 MCC, the
Manual, the administrative regulations adopted by the County Engineer, other
County-established requirements for placement of utility facilities in road rights-of-way,
including the specific location of utility facilities in the road rights-of-way, and all applicable
laws,rules,regulations and ordinances;
B. In preparing plans and specifications for the Work the Permittee shall use the
Manual. Prior to commencement of any Work, Permittee shall submit such plans and
specifications to the County Engineer for review and approval together with the adequate
exhibit depicting the existing or proposed location of the utility facility in relation to the road,
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
properly,and for purposes of taking immediate corrective action,Permittee and its agents may
enter the Permit Area without advance notice to the County as long as such entry is for the sole
purpose of addressing the emergency; provided however, that if any entry for such purposes
would require issuance of a utility permit,Permittee shall give the County verbal or telephonic
notice of the places where and the manner in which entry is required prior to such entry,
promptly followed by written notice. In all cases,notice to the County shall be given as far in
advance as practical prior to entry or as soon as practicable after entry upon the road right-of-
way.
M. Permittee shall promptly reimburse the County for its reasonable and direct costs
incurred in responding to an emergency that is caused,created by or attributable to the presence,
construction,maintenance,repair,or operation of Permittee's utility facilities in the road rights-
of-way.
5
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 Pernittee 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 m 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 Pennittee
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 Iniury&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
razing or rating guide approved in writing by the County's risk manager. In the event that at
any time during coverage, the insurer does not meet the foregoing standards, Permittee shall
give or shall cause its contractors to give prompt notice to the County and shall seek coverage
from an insurer that meets the foregoing standards. The County reserves the right to change
the rating or the rating guide depending upon the changed risks or availability of other suitable
and reliable rating guides.
Comprehensive general liability insurance policies and coverage obtained pursuant to this
Permit shall include an endorsement(standard ISO form CG 24-17) deleting all exclusions
for work or incidents occurring within any distance from a railroad track or railroad property,
or on,over,or under a railroad track.
Insurance policies required pursuant to this Permit shall have no non-standard exclusions unless
approved of by the County Risk Manager or designee.
Commercial general liability insurance policies obtained pursuant to this Permit shall name the
County as an additional insured without limitation,pursuant to an endorsement approved of by
the County's Risk Manager or designee.
Permittee or Permittee's Contractors' insurers, through policy endorsement, shall waive their
rights of subrogation against the County for all claims and suits. The certificate of insurance
must reflect this waiver of subrogation rights endorsement.
10
B. Contractor Bond. All contractors performing Work on behalf of Permittee shall
be licensed and bonded
C. Limitation of Liability. to the fullest extent permitted by law, permittee shall, and
shall cause its contractor(s) only as to subsection(9)below,to release,indemnify, defend and
hold harmless the county and the county's legal representatives,officers(elected or appointed),
employees and agents (collectively, "indemnitees") for, from and against any and all claims,
liabilities, fines, penalties, costs, damages, losses, liens, causes of action, suits, demands,
judgments and expenses (including, without limitation, court costs, attorneys' fees, and costs
of investigation,removal and remediation and governmental oversight costs),environmental or
otherwise(collectively"liabilities")of any nature,kind,or description,of any person or entity,
directly or indirectly,arising out of,resulting from,or related to(in whole or in part):
1. this permit;
2. any rights or interests granted pursuant to this permit;
3. permittee's occupation and use of the road right of way;
4. permittee's operation of its utility facilities,
5. the presence of utility facilities within the right of way;
6. the environmental condition and status of the road right-of-way caused by,
aggravated by, or contributed to,in whole or in part,by permittee or its agents; or
7. the acts,errors,or omissions of third parties when arising out of the,installation,
construction,adjustment,relocation,replacement,removal,or maintenance of such third party
utility facilities within the road rights-of-way when such work is performed under authority of
the operator's utility permit or at the direction or under the control of the operator;or
8. any act or omission of permittee or permittee's agents;or
9. any act or omission of contractor or its employees, agents, or subcontractors
when arising out of the work.
Even if such liabilities arise from or are attributed to,in whole or in part,any negligence of any
indemnitee. The only liabilities with respect to which permittee's obligation to indemnify the
indemnitees does not apply are liabilities to the extent proximately caused by the sole
negligence or intentional misconduct of an indemnitee or for liabilities that by law the
indemniteees cannot be indemnified for.
11
Upon written notice from the county,permittee agrees to assume the defense of any lawsuit or
other proceeding brought against any indemnitee by any entity, relating to any matter covered
by this permit for which permittee has an obligation to assume liability for and/or save and hold
harmless any indemnitee. Permittee shall pay all costs incident to such defense,including, but
not limited to, attorneys' fees, investigators' fees, litigation and appeal expenses, settlement
payments and amounts paid in satisfaction of judgments. Permittee will fully satisfy said
judgment within ninety(90)days after said suit or action shall have finally been determined if
determined adversely to mason county. upon the permittee's failure to satisfy said judgment
within the ninety(90) day period, this permit shall at once cease and terminate and the county
of mason shall have a lien upon permittee's utility facilities and all other facilities used in the
construction, operation and maintenance of the permittee's utility system which may be
enforced against the property for the full amount of any such judgment so taken against any of
the indemnitees.
Acceptance by the County of any Work performed by the Permittee at the time of completion
shall not be grounds for avoidance of this covenant.
XII. PERMIT NONEXCLUSIVE
This Permit shall not be deemed to be an exclusive Permit. It shall in no manner prohibit the
County of Mason from granting rights to other utilities under,along,across,over and upon any
of the County roads,rights-of-way or other County property subject to this Permit and shall in
no way prevent or prohibit the County of Mason from constructing, altering, maintaining or
using any of said roads rights-of-way, drainage structures or facilities, irrigation structures or
facilities, or any other county property or affect its jurisdiction over them or any part of them
with full power to make all necessary changes,relocations,repairs,maintenance,etc.,the same
as the County may deem fit.
XHL SUCCESSORS AND ASSIGNS
All the provisions, conditions, regulations and requirements herein contained shall be binding
upon the successors and assigns of the Permittee and all privileges, as well as all obligations
and liability of the Permittee, shall inure to its successors and assigns equally as if they were
specifically mentioned wherever the Permittee is mentioned. Any reference in this Permit to a
specifically named party shall be deemed to apply to any successor, heir, administrator,
executor or assign of such party who has acquired its interest in compliance with the terms of
this Permit or under law.
XIV. TRANSFER/ASSIGNMENT
Permittee may assign or transfer this Permit by contacting the County of Mason to obtain an
Assignment Agreement. The Agreement must be signed and delivered back to the County of
Mason. Assignees shall thereafter be responsible for all obligations of Permittee with respect
to the Permit and guaranteeing performance under the terms and conditions of the Permit and
that transferee will be bound by all the conditions of the Permit and will assume all the
obligations of its predecessor. Such an assignment shall relieve the Permittee of any further
12
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
without prior written notice to the County and mutual acceptance of an assignment of the
13
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 tenninate 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 Pennittee'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 Iaw 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
14
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, Permittee warrants that it has carefully read the terms and
conditions of this Permit and accepts all of the terms and conditions of this Permit and agrees
to abide by the same and acknowledges that it has relied upon its own investigation of all
relevant facts, that it has had the assistance of counsel or an opportunity to have assistance of
counsel, that it was not induced to accept a Permit, that this Permit represents the entire
agreement between the Permittee and the County. In the event the Permittee fails to submit the
acceptance as provided for herein within the time limits set forth in this section,the grant herein
is and shall become null and void.
XIX. RECORDING OF MEMORANDUM OF PERMIT
The Parties agree that a"Memorandum of Permit"in substantially the form attached hereto as
Exhibit"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: Bill Hanson
PO BOX 1311
Silverdale, WA 98528
Grantor: Mason County Public Works
100 W Public Works Drive
Shelton, WA 98584
16
I. Approvals. Nothing in this Permit shall.be deemed to impose any duty or obligation upon
the County to determine the adequacy or sufficiency of Permittee's plans and specifications or
to ascertain whether Permittee's proposed or actual construction, installation, testing,
maintenance, repairs,replacement, relocation,adjustment or removal is adequate or sufficient
or in conformance with the plans and specifications reviewed by the County. No approval
given,inspection made,review or supervision performed by the County pursuant to this Permit
shall constitute or be construed as a representation or warranty express or implied by County
that such item approved, inspected, or supervised, complies with laws, rules regulations or
ordinances or this Permit or meets any particular standard, code or requirement, or is in
conformance with the plans and specifications,and no liability shall attach with respect thereto.
County and inspections as provided herein,are for the sole purpose of protecting the County's
rights as the owner and manager of the road rights-of-way and shall not constitute any
representation or warranty, express or implied,as to the adequacy of the design, construction,
repair, or maintenance of the utility facilities, suitability of the permit area for construction,
maintenance, or repair of the utility facilities, or any obligation on the part of the County to
insure that work or materials are in compliance with any requirements imposed by a
governmental entity. County is under no obligation or duty to supervise the design,
construction,installation,relocation,adjustment,realignment,maintenance,repair,or operation
of the utility facilities.
J. Force Majeure. Neither Party hereto shall be liable to the other Party for any failure
to perform an obligation set forth herein to the extent such failure is caused by war, act of
terrorism or an act of God, provided that such Party has made and is making all reasonable
efforts to perform such obligation and minimize any and all resulting loss or damage.
K. Construction. All pronouns and any variations thereof shall be deemed to refer to
the masculine, feminine or neuter, singular or plural,as the identity of the Party or Parties may
require. The provisions of this Permit shall be construed as a whole according to their common
meaning, except where specifically defined herein, not strictly for or against any party and
consistent with the provisions contained herein in order to achieve the objectives and purposes
of this Permit.
L. Incorporation by Reference. All exhibits annexed hereto at the time of execution of
this Permit or in the future as contemplated herein, are hereby incorporated by reference as
though fully set forth herein.
M. Calculation of Time. All periods of time referred to herein shall include Saturdays,
Sundays,and legal holidays in the State of Washington,except that if the last day of any period
falls on any Saturday, Sunday, or legal holiday in the State of Washington, the period shall be
extended to include the next day which is not a Saturday, Sunday,or legal holiday in the State
of Washington.
17
N. Entire Agreement. This Permit is the full and complete agreement of County and
Permittee with respect to all matters covered herein and all matters related to the use of the
Permit Area by Permittee and Permittee's Contractors,and this Permit supersedes any and all
other agreements of the Parties hereto with respect to all such matters, including, without
limitation, all agreements evidencing the Permit.
O. No Recourse. Without limiting such immunities as the County or other persons may
have under applicable law, Permittee shall have no monetary recourse whatsoever against the
County or its officials, boards, commissions, agents, or employees for any loss or damage
arising out of the County's exercising its authority pursuant to this Permit or other applicable
law.
P. Responsibility for Costs. Except as expressly provided otherwise, any act that
Permittee is required to perform under this Permit shall be performed at its cost. If Permittee
fails to perform work that it is required to perform within the time provided for performance,
the County may perform the work and bill the Permittee. The Pennittee 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 Pennittee 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 Pennittee 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
County Engineer
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: William Hanson Private Line Occupancy Permit
Grantor: COUNTY OF MASON, a legal subdivision of the state of Washington
Grantee: William Hanson
Description of Franchise Area: SEE EXHIBIT A-4
A-1
ACCEPTANCE OF PERMIT
Private Line Utility Occupancy Permit effective o ,20
912,
I/We, l l '�' ( N1,; our the rC s Wr,6 i`� of parcel(s)
and IAVe am/are the(Operator and)or(representative
t �
authorized to)accept Permit on behalf of Uwe certify that this
11£Cd �z���ri
Permit and all terms and conditions thereof are accepted by 1"nase ' 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. *-"I �
DATED this flay of _ , 24U�l
PERMITTEE(S)
'44
By: e t i(�1 t✓C!+ 1 v :��Y►
Title: e>,A.3-l^ •^
STATE OFU-)QZ�\i(%cq A"'O"
ss.
COUNTY OF �k S I-P )
I certify that I know or have satisfactory evidence that l� i�'�C.^-� c.Y►� nsi
person who appeared before me,and said person acknowledged that he/she signed dis instrument,on oath
5 ted that he/she was authorized to execute the instrument and acknowledged it as the
fr wt % k 2 of the r �- to be the free and voluntary
act of such party for the uses and purposes mentioned n the instrument.
Dated:
,it-omtil11111t 8, Ca"/�o
' ,� , SV44f lip
�,...,,.,,. •Q Jl
ct� '�, � Notary Public
°'' . ij f Print Name �T �'�'- `(
s ►tp3�t3�t = My commission expires U 2
Nq
0 4-
Or
MEMORANDUM OF PRIVATE LINE UTILITY OCCUPANCY PERMIT
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. Property. 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 ,2022 (the"Pennit"),which terns 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. Purpose of Memorandum of Permit. This memorandum of pen-nit 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_
COUNTY OF MASON
County Engineer
Approved as to form:
Chief D.P.A.
A-3
FORM OF MEMORANDUM OF PERMIT
Permit Area Map
N
Parcel#22304-77-90131
• Cable
7241 NETahuya Blacksmith Rd Sewer Transport
` z
m
c
m
m
"o
3
a
Hanson PLO 7241 NE Tahuya Blacksmith Rd
A-4