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Home My WebLink About2024/08/26 - Briefing Packet MASON COUNTY COMMISSIONER BRIEFING INFORMATION FOR THE WEEK OF August 26, 2024 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. CO 1854 Commission meetings are live streamed at http://www.masonwebtv.com/ and public comment is accepted via email msmith@masoncountywa.gov; mail to Commissioners Office, 411 N 5th Street, Shelton, WA 98584; or phone at (360) 427-9670 ext. 419. If you need to listen to the Commission meeting via telephone, please provide your telephone number to the Commissioners’ office no later than 4 :00 p.m. the Friday before the meeting. If special accommodations are needed, contact the Commissioners' office at Shelton (360) 427-9670 ext. 419 Briefing Agendas are subject to change, please contact the Commissioners’ office for the most recent version. Last printed 08/23/24 at 9:10 AM BOARD OF MASON COUNTY COMMISSIONERS DRAFT BRIEFING MEETING AGENDA 411 North Fifth Street, Shelton WA 98584 Week of August 26, 2024 Monday Noon WA State Association of Counties Zoom Meeting* Virtual Assembly *This is being noticed as a Special Commission meeting because a quorum of the Mason County Commission may attend this event and notification is provided per Mason County Code Chapter 2.88.020 - Special Meetings. Monday, August 26, 2024 Zoom link available on the Mason County website 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 9:30 A.M. Treasurer’s Office – Lisa Frazier 9:35 A.M. Support Services – Mark Neary 9:45 A.M. Auditor – Steve Duenkel 9:50 A.M. Public Health – Dave Windom 10:00 A.M. Public Works – Loretta Swanson Commissioner Discussion – as needed PEON COU�� Mason County Agenda Request Form 1854 To: Board of Mason County Commissioners From: Lisa Frazier Ext.484 Department: Treasurer's Office Briefing: Action Agenda: ❑X Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): August 26,2024 Agenda Date: September 10,2024 Internal Review: ® Finance ❑ Human Resources ® Legal ❑ Information Technology ❑ Risk (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• Cancellation of Outstanding Warrants Background/Executive Summary: RCW 39.56.040 states in part"... warrants not presented within one year of their issue, shall be cancelled by passage of a resolution of the governing body". The County Auditor has completed its due diligence and has provided the County Treasurer a list of outstanding warrants subject to cancellation pursuant to law. Budget Impact(amount, funding source,budget amendment): Monies from the cancelled warrants will be deposited back to those County funds they were initially expended from. The total amount is $17,649.01. Public Outreach (news release,community meeting, etc.): None. Requested Action: Approval of the Resolution cancelling outstanding warrants not presented within one year of their issue. Attachments Resolution Exhibit A j RESOLUTION NO. CANCELLATION OF OUTSTANDING WARRANTS WHEREAS, RCW 39.56.040 states in part................ warrants not presented within in one year of their issue, shall be canceled by passage of a resolution of the governing body of the municipal corporations, and upon such notice of passage of such resolution the auditor of the municipal li corporation and the treasurer of the municipal corporation shall transfer all records of such warrants so as to the funds as if such warrants had never been drawn. WHEREAS, approval of such resolution will allow the auditor and/or treasurer of such municipal corporation the authority to void the warrants as listed in Exhibit A and provide for in the process - d b RCW n s required adjusted cash balances to those funds for which the warrants were originally draw a q y 39.56,040. WHEREAS the County Auditor' s Office has finished their due diligence efforts and provided the Treasurer' s Office with an updated list of outstanding warrants to be voided.Such list has been attached as Exhibit A. ,I NOW THEREFORE, BE IT RESOLVED that the Board of Mason County Commissioners hereby attached r s Office to void the outstanding warrants asset out in ExhibitA, authorize the County Auditor's _ g �I . pursuant to RCW 39.56.040. i Dated this dayof ?2024. ATTEST: BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WAS H I N GTO N McKenzie Smith, Clerk of the Board Randy Neatherlin, Chair APPROVED AS TO FORM: 11011 Kevin Shutty,Vice Chair Tim hitehead, Chief Deputy Prosecuting Attorney Sharon Trask, Commissioner cc:Auditor Finance,Treasurer' s Office WARRANT# AMOUNT DATE WRITTEN PAYEE 8089242 $46.98 7/13/2022 NICHOLAS D PATTERSOfJ 8089182 $12.34 7/13/2022 10Y RAGAN 8089185 $25.21 7/13/2022 MELANIE RAGAN 8089186 $17.02 7/13/2022 OLIVIA LACY 8089510 $1,1992.00 7/19/2022 KARL A HACK ATTORNEY AT LAW PLLC 8089522 $76.14 7/19/2022 LITWIN, MAX 8089787 $10.00 8/9/2022 ALICIA FALLING 8089916 $31.88 8/15/2022 BARBER, DAVID JOSEPH A $089918 $11.64 8/15/2022 BEHAEDDIN, DAVID REZA 8089924 $11.64 8/15/2022 BUBEN, HUNTER LEE 8089925 $24.74 8/15/2022 BUTLER, CHRISTOPHER M 8089954 $11.52 8/15/2022 HANSEN,JAEDEN TYLER 8089957 $24.74 8/15/2022 HEILMAN, AUSTIN DOUGLAS 8089964 $32.58 8/15/2022 JANICEK, DALE PAUL 8089972 $12.22 8/15/2022 LORENZEN, DAVID AARON 8089976 $11.87 8/15/2022 MADDOX, HAYLEE JEAN 8089982 $19.83 8/15/2022 MAYES, DARREN ANDREW 8089984 $11.76 8/15/2022 MERRICK, ELIZABETH M 8090007 $10.23 8/15/2022 SANCHEZ, OCTAVIO AGUILAR 8090020 $22.87 8/15/2022 SULLIVAN, STEPHANIE MALYN 8090402 $937.50 8/30/2022 KITSAP SEPTIC PUMPING INC 8090522 $10.00 9/13/2022 Breanha Rhodes 8090688 $193.03 9/20/2022 CHARLES ROBERT CHAMBLIN 8090699 $60-00 9/20/2022 STEVEN SEELBACH 8090701 $1.,900.00 9/20/2022 TONYA SHERIE GLEN 8090811 $30.64 9/20/2022 KEVIN GUUOSA 8091058 $14.63 10/11/2022 BAKER, MEGAN CHRISTINE 8091063 $11.63 10/11/2022 CARNAHAN,DAMES DALE 8091069 $10.88 10/11/2022 DECKER, RUSSELL LEROY 8091089 $29.25 10/11/2022 LOWE,JESSICA SUZANNE 8091107 $35.13 10/11/2022 STROMBACH, KIMBERLY DAWN 8091112 $42.63 10/11/2022 WRIGHT, KRISTIAN LOGAN 8091284 $10.00 10/19/2022 DYNISHKA JOHNSTON 8091286 $10.00 10/19/2022 TIFAIMOANA JOHNSTON 8091494 $10.00 10/19/2022 MCGRATH,SCOTT 8091492 $28.69 10/19/2022 HINZ,JEFFREY S 8091493 $310.00 10/19/2022 MCGRATH,SCOTT 8091294 $16.00 10/19/2022 AMUNDSON,AUSTIN ASHBY 8091297 $22.38 10/19/2022 BACHMAN,AZARIAH KENNETH 8091302 $19.50 10/19/2022 BASHAW, KATIE ANN 8091305 $14.63 10/19/2022 BENEK,CAROL FELICE 8091324 $37.63 10/19/2022 CASANOVA,ADAM JACOB 8091334 $11.00 10/19/2022 DEPOE, DEE A 8091337 $24.38 10/19/2022 DONALD,ANDREA MAUREEN 8091342 $36.63 10/19/2022 DURBIN, ERIC MICHEAL 8091344 $25.88 10/19/2022 EASTLICK, MELISSA ANN 8091356 $27.50 10/19/2022 GARCIA, LUIS 8091362 $34.00 10/19/2022 GORSUCH, SANDRA DENISE 8091371 $19.25 10/19/2022 HERETH,JORDAIV SYLVIA 8091387 $12.38 10/19/2022 KEY,SCOTT ANDREW 8091407 $51.13 10/19/2022 MERSMANN, KRISTY LANE 8091423 $11.38 10/19/2022 OZGA, STACEY J 8091435 $26-00 10/19/2022 PUNIN,JOSHUAJASOfV 8091458 $32.25 10/19/2022 STEVENS,ALEXIS MARIE 8091461 $25.25 10/19/2022 STOUT,WAYNE WILLIAM 8091468 $11.13 10/19/2022 TRIBBLE,JOSHUA FRANCIS 8091470 $11-00 10/19/2022 VAN GUNDY, ROBERTJ 8091473 $19.13 10/19/2022 VOS,ANGELA MARIE 8091765 $203.98 11/2/2022 11M'S AUTOMOTIVE INC 8091836 $344.28 11/2/2022 TIRSA BUTLER 8092006 $20.00 11/15/2022 BAIS-GEORGE, KEANU 8092009 $15.00 11/15/2022 BARTON,JOHN CHARLES 8092011 $21.25 11/15/2022 BATES, MIKE EUGENE 8092027 $12.50 11/15/2022 BURK, CASSANDRA PE'LINE 8092029 $78.75 11/15/2022 CAMPBELL,JOSEPH F 8092037 $18.75 11/15/2022 DAMEROW, MORGAN B 8092042 $26.25 11/15/2022 ELLIOTT, MICHAEL K 8092047 $52.50 11/15/2022 FLANIG, BENJAMIN FRANKLIN 8092055 $12.50 11/15/2022 GRACE, HEIDI RENEE 8092079 $12.50 11/15/2022 LAMB,JASON 8092084 $33.75 11/15/2022 LONG, KURTIS DORREL 8092097 $37.50 11/15/2022 MURRAY, CALEB MICHAEL 8092118 $35.00 11/15/2022 REESH, SCARLETT NICOLE 8092119 $36.25 11/15/2022 REILLY,THERESE ANNE 8092124 $47.50 11/15/2022 RUFF-ROBERTS, SIAN EVELYN 8092127 $52.50 11/15/2022 SAWICKI, ROGER ANTHONY 8092128 $37.00 11/15/2022 SCHILTZ, MICHAEL DAVID 8092131 $12.50 11/15/2022 SEXTON, FAITH E 8092137 $22.63 11/15/2022 SIMS, NICOLE E 8092138 $86.25 11/15/2022 SKELLY, BRIAN P $092150 $12.50 11/15/2022 TANGEN,ARLIN DENNIS 8092152 $32.50 11/15/2022 TAYLOR,JASPER DURWOOD 8092153 $47.25 11/15/2022 THATCHER, EDIRAE MARIE 8092156 $12.50 11/15/2022 TRIBBLE, MEGAN EMILY 8092169 $20.00 11/15/2022 WRIGHT, RAECHEL AMANDA 8092263 $13.21 11/15/2022 REBECCA SHIPMAN 8092442 $350.00 11/22/2022 NORTH MASON RESOURCES 8092489 $150.52 11/29/2022 FARMER PIES INC 8092897 $15.00 12/20/2022 EBERT, SYLVIA M 8092905 $35.00 12/20/2022 GALUSHA, MALIA TABITHA 8092912 $180.00 12/20/2022 HACHTEL, BRET STEVEN 8092913 $35.25 12/20/2022 HAKALA, DAVID ALTON 8092948 $26.25 12/20/2022 RETALLICK,JACK MARTY 8092965 $20.00 12/20/2022 STEVENS, KAREN MARIE 8092994 $126.79 12/20/2022 FARMER PIES INC 8093277 $41-00 1/9/2023 BARNETT, ELIZABETH 6 8093290 $12.50 1/9/2023 CONSTANT, DAVID ALAN 8093322 $15.00 1/9/2023 HUNTER,JACOB ELIAS 8093340 $26.25 1/9/2023 MACK, SANDRA KATHRINE 8093362 $30.00 1/9/2023 PRATT, PAUL WILLIAM 8093370 $12.50 1/9/2023 RUSSO, KAITLYN MARIE 8093382 $20.00 1/9/2023 STITZEL, CAROLYN LEE 8093384 $23.75 1/9/2023 TALBOTT, MAXIMILLIAN JAMES 8093781 $3,405.30 1/25/2023 RIVERS OF GRACE 8093845 $14.00 1/30/2023 MEGAN BRENNAN 8093846 $10.00 1/30/2023 MICHAEL MAGE 8094303 $15.00 2/24/2023 ANDERSON, CHAROLETTE LYNN 8094316 $26.25 2/24/2023 BEYREIS,ANGELA DUNE $094319 $22-13 2/24/2023 BLACKWELL, RICHARD L 8094359 $13.75 2/24/2023 DUNNE,IACK KELLY 8094415 $25.00 2/24/2023 JOSEPH,AARON DANIEL 8094426 $218.75 2/24/2023 KRUSE, MEG LAUREN 8094433 $23.75 2/24/2023 CARBON,ALEXANDER THOMAS 8094442 $56.25 2/24/2023 LOCH, MICHAEL ANDREW 8094454 $85.00 2/24/2023 MASTEL-GOLDBERG, zANE ALEX 8094469 $51.25 2/24/2023 MORROW,THOMAS GERALD 8094479 $47.50 2/24/2023 OLSON, DAVID L 8094482 $101.25 2/24/2023 PARKER, MARY EILEEN 8094485 $18.75 2/24/2023 PENSE, BRADLEY ALLEN 8094504 $15.00 2/24/2023 SANCHELLI, DIANE 8094555 $20.00 2/24/2023 YARBOUR,TRISTAN MITCHELL 8094742 $20.57 3/7/2023 COGNITO LLC 8094811 $28.75 3/13/2023 ACOSTA, CHRISTINE MARIE 8094813 $16.25 3/13/2023 ANDERSON, CHANTAY 8094815 $22.50 3/13/2023 BAKER, LILY MONTANA 8094818 $50.00 3/13/2023 BEGUIN, CHRISTOPHER GENE 8094823 $17.88 3/13/2023 CARTER, NICHOLAS RILEY 8094847 $32.50 3/13/2023 KRONYAK, DANIELJOHN 8094856 $11.25 3/13/2023 MULLINS, SARAH MARIE 8094858 $12.50 3/13/2023 PEEK, PATRICK ALLEN 8094862 $43.88 3/13/2023 RIDGE,JACK H 8094864 $13.75 3/13/2023 ROBERTSON, STEVEN PAUL 8094867 $52.50 3/13/2023 SHERMAN, BUDDY LEE 8094868 $90.00 3/13/2023 SKAGGS,IOHN BARRY 8094874 $27.50 3/13/2023 STURMAN, MARY KATHLEEN 8094885 $21.25 3/13/2023 WOOD, CONNIE JEAN 8094892 $20.00 3/14/2023 DOMINGO MIGUEL TERCERO 8094893 $107.50 3/14/2023 JOSEFA TERCERO ZACARIAS 8095632 $20.00 4/14/2023 CLARK, ERIC DOUGIAS 8095642 $36.25 4/14/2023 DAVIS, IZAIAH LEE 8095643 $13.00 4/14/2023 DEVAUGHN, AIMEE ELIZABETH 8095644 $67.50 4/14/2023 DIMATTEO,SARAN MICHELE 8095648 $33.63 4/14/2023 DRANCHAK, PATRICK MICHAEL $095658 $15-00 4/14/2023 FAW, GREGORY SCOTT 8095677 $16.25 4/14/2023 HAMILTON, HAVEN MARIE 8095685 $32-50 4/14/2023 HUDDLESTON, MEGAN ELIZABET 8095704 $35-00 4/14/2023 MARKLE, REBEKAH CATHLEEN M 8095706 $42.25 4/14/2023 MATTHEWS,JOSHUA ALLEN 8095713 $43.75 4/14/2023 MOHR, KATHLEEN THERESE 8095731 $12.50 4/14/2023 NUXOLL,JEFFERY RYAN 8095732 $35.00 4/14/2023 OIEN, MICHELE MARIE 8095741 $33.75 4/14/2023 RIEBLI,JOHN ALFRED 8095758 $16.38 4/14/2023 SHILEY, MARK ALAN 8095764 $37.50 4/14/2023 ST LOUIS,TRYSTIN TAI 8095767 $23.75 4/14/2023 SUKO,JASON WILLIAM 8095784 $28.75 4/14/2023 WILKINS, FLORENCE JEAN 8095786 $17.50 4/14/2023 WINDOM, BRENDA JEAN 8095966 $168.85 4/25/2023 CHARLES TAYLOR 8095968 $277.84 4/25/2023 CARLOS RANGEL 8096031 $50.00 5/2/2023 CONNIE ROGERS 8096032 $29.57 5/2/2023 CRAIG M. FIRTH 8096038 $2,149.11 5/2/2023 JACOBB HODGSON 8096039 $270.54 5/2/2023 DAMES WEBER 8096046 $7.27 5/2/2023 MATTHEW AULD 8096048 $50.00 5/2/2023 SCOTf M.STEVENS 8096729 $34.00 6/1/2023 REBECCA SHIPMAN 8096730 $20.00 6/2/2023 ALCANTRA, ANDREW CHARLES 8096738 $45.00 6/2/2023 BLATCHLEY, KYLE JAMES 8096750 $17.50 6/2/2023 DAVISON, KYSSA KRISTINE 8096756 $36.25 6/2/2023 EDWARDS, MATTHEW ELWIN 8096830 $23.75 6/5/2023 FORE,IEFFREY MICHAEL 8096853 $22.50 6/5/2023 MAZZARI, MATTHEW JAMES 8096872 $43.75 6/5/2023 QUIGLEY,JOEL DONOVON 8096879 $22.50 6/5/2023 SHAW, LOGAN MAURICE 8096882 $26.25 6/5/2023 SMITH,SHAUN WILLIAM 8096901 $10.00 6/7/2023 TONI FOLEY $179649.01 TOTAL FOR 631.000000.000.000 Mason County Administrator V � cnU 411 North 5t" Street Shelton, WA 98584 360.427.9670 ext. 419 'l lh'�J MASON COUNTY COMMISSIONER BRIEFING ITEMS FROM ADMINISTRATOR August 26, 2024 • Specific Items for Review o Administrative Office of the Courts State v. Blake Reimbursement—Jenn o Mason County vendor data access agreement—Todd o IT Incident Response policy—Todd o Board of Equalization application — Becky • Administrator Updates • Commissioner Discussion J:AMcKenzie\Agenda\2024\2024-08-26 Briefing\2024-08-26.docx C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Jennifer Beierle Ext. 532 Department: Support Services Briefing: ❑X Action Agenda: ❑X Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): August 26,2024 Agenda Date: September 10,2024 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 Blake Reimbursement Agreement between WA State Administrative Office of the Courts and Mason County Background/Executive Summary: In 2021,the Administrative Office of the Courts(AOC)drafted agreements with all counties in Washington State for the purpose of reimbursing Counties for extraordinary costs of resentencing and vacating sentences under Blake and for the cost of refunding legal financial obligations (LFOs)under the Blake decision. AOC has now updated the agreements for the period of July 1,2024,through June 30, 2025. Budget Impact(amount, funding source,budget amendment): AOC shall reimburse Mason County up to a maximum of$544,400 for the extraordinary judicial, prosecutorial, and/or defense-related costs of resentencing and vacating the sentences of individuals whose convictions and/or sentences are affected by the Blake decision. Public Outreach (news release,community meeting, etc.): N/A Requested Action: Approval for the Chair to sign the Blake Reimbursement Agreement with the WA State Administrative Office of the Courts(AOC)and Mason County Attachments Draft AOC Agreement Docusign Envelope ID:37D9B42A-E9C2-467E-949A-8F3A6AC9828D INTERAGENCY REIMBURSEMENT AGREEMENT - IAA25188 BETWEEN WASHINGTON STATE ADMINISTRATIVE OFFICE OF THE COURTS AND MASON COUNTY This Interagency Reimbursement Agreement ("Agreement") is entered into by and between Washington State Administrative Office of the Courts ("AOC") and Mason County ("Jurisdiction") to reimburse extraordinary costs of resentencing and vacating sentences as required by State v. Blake ("Blake'). AOC and Jurisdiction will be known individually as Party and collectively as Parties. I. PURPOSE The purpose of this Agreement is to reimburse the extraordinary judicial, prosecutorial, clerk, court administration and/or defense-related costs of resentencing and vacating the sentences of individuals whose convictions or sentences are affected by the Blake decision. For Municipalities and Counties, this will include language Engrossed Substitute Senate Bill 5187, Section 114(3) passed by the 2023 Legislature, which includes simple drug possession, to include cannabis and possession of paraphernalia. II. REIMBURSEMENT A. Extraordinary Expenses Reimbursement. AOC shall reimburse Jurisdiction up to a maximum of $544,400 for the extraordinary judicial, clerk, court administration, prosecutorial, and/or defense-related costs of resentencing and vacating the sentences of individuals whose convictions and/or sentences are affected by the Blake decision. For Municipalities this will include language from the Engrossed Substitute Senate Bill 5187, Section 114(13), passed by the 2023 Legislature, which includes simple drug possession to include cannabis and possession of paraphernalia. To be eligible for reimbursement, the Costs must be incurred between July 1, 2024 and June 30, 2025. AOC will not reimburse Jurisdiction Costs incurred after June 30, 2025. AOC may, at its sole discretion, deny reimbursement requests in excess of the amount awarded. If additional funding is or becomes available for these purposes, AOC and Jurisdiction may mutually agree to increase the amount awarded under this Agreement. B. General. AOC shall reimburse Jurisdiction for approved and completed reimbursements by warrant or electronic funds transfer within 30 days of receiving a properly completed A-19 invoice and the necessary backup documentation. IAA25188 Page 1 of 4 Docusign Envelope ID:37D9B42A-E9C2-467E-949A-8F3A6AC9828D III. PERIOD OF PERFORMANCE Performance under this Agreement begins on July 1, 2024, regardless of date of execution, and ends on June 30, 2025. The period of performance maybe amended by mutual agreement of the Parties. IV. TERMS OF REIMBURSEMENT A. Jurisdiction shall electronically submit, once per month, it's A-19 invoices to payables ,courts.wa.gov. B. Jurisdiction's A-19 invoices must include: 1. Payment documents from Jurisdiction indicating the amounts expended, the recipients, and the date of expenditure; 2. A list of any case numbers associated with the services provided; 3. A breakdown of expenses by judicial, clerk/court administration, prosecutorial, and defense-related costs; 4. Any employee positions supported by Blake related funds, broken down by judicial, clerk/court administration, prosecutorial, and defense-related positions, including name of employee, title, hourly wage of the individual, time spent on Blake-related cases and a list of corresponding cause numbers; 5. The unique three-digit court code for the Jurisdiction the work was completed on behalf of must be provided on the A-19. If a Jurisdiction contracts with another jurisdiction to provide court services, then the unique court code for the jurisdiction for which the work was completed must be provided; and, 6. Data, including case numbers and aggregate data on the number and type of cases: a. Vacated under Blake; b. Resentenced under Blake; and c. Being worked on under Blake. V. REVENUE SHARING A. AOC, in its sole discretion, may initiate revenue sharing. AOC will notify the Jurisdiction no later than May 1, 2025 that AOC intends to reallocate funding among courts in the program and/or to support the Supreme Court's directive for an AOC case vacating team. If AOC determines the Jurisdiction may not spend all monies available under the Agreement or if Jurisdiction declines and/or elects not to participate in the vacating of Blake eligible cases, AOC may reduce the Agreement amount as mentioned above. If AOC determines the Jurisdiction may spend more monies than available under the Agreement and for its scope, AOC may increase the Agreement amount. B. If the AOC initiates revenue sharing, then the Jurisdiction must submit the final revenue sharing A-19 to payables(a)courts.wa.gov between July 12, 2025 and August 1, 2025. IAA25188 Page 2 of 4 Docusign Envelope ID:37D9B42A-E9C2-467E-949A-8F3A6AC9828D VI. AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement may be amended by agreement of the Parties. Such amendments are not binding unless they are in writing and signed by personnel authorized to bind each of the Parties. VII. GOVERNANCE A. This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this Agreement must be construed to conform to those laws. B. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency will be resolved by giving precedence in the following order: 1 . Applicable state and federal statutes and rules; 2. This Agreement; and then 3. Any other provisions of the Agreement, including materials incorporated by reference. VIII. WAIVER A failure by either Party to exercise its rights under this Agreement does not preclude that Party from subsequent exercise of such rights and is not a waiver of any other rights under this Agreement unless stated to be such in a writing signed by an authorized representative of the Party and attached to the original Agreement. IX. SEVERABILITY If any provision of this Agreement, or any provision of any document incorporated by reference is held invalid, such invalidity does not affect the other provisions of this Agreement that can be given effect without the invalid provision and to this end the provisions of this Agreement are declared to be severable. X. AGREEMENT MANAGEMENT The Program Managers/Point of Contacts noted below are responsible for and are the contact people for all communications and billings regarding the performance of this Agreement: IAA25188 Page 3 of 4 Docusign Envelope ID:37D9B42A-E9C2-467E-949A-8F3A6AC9828D AOC Program Manager Jurisdiction Program Manager/ Point of Contact Sharon Fogo Charles Rhodes Blake Implementation Manager County Clerk PO Box 41170 Po Box 340 Olympia, WA 98504-1170 Shelton, WA 98584-0078 crhodes@masoncountywa.gov Sharon.Fogo(aD_courts.wa.gov 360-427-9670 ext 346 (360) 819-7305 XI. ENTIRE AGREEMENT This Agreement contains all the terms and conditions agreed upon by the Parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement are considered to exist or to bind any of the Parties to this agreement unless otherwise stated in this Agreement. AGREED: Washington State Administrative Jurisdiction Office of the Courts Signature Date Signature Date Christopher Stanley, CGFM Randy Neatherlin Name Name Chief Financial and Management Officer Commissioner chair Title Title IAA25188 Page 4 of 4 PSON Co1j, Mason County Agenda Request Form 1854 To: Board of Mason County Commissioners From: Todd Cannon Ext. 501 Department: Information Technology Briefing: Action Agenda: ❑X Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): August 26,2024 Agenda Date: September 10,2024 Internal Review: ❑ Finance ❑ Human Resources ® Legal ® Information Technology ❑ Risk (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• Mason County Vendor Data Access Agreement Background/Executive Summary: Purpose: The Data Access Agreement is designed to protect Mason County's data and systems when shared with or accessed by external vendors. It outlines the responsibilities and liabilities of vendors who have access to our data,ensuring they comply with our security standards. Key Points: Liability: Clearly defines the vendor's responsibility in case of data breaches or security incidents. Breach Notification: Establishes the requirement for vendors to promptly notify us in the event of any data breach or unauthorized access. Compliance:Ensures that vendors follow all applicable laws and regulations related to data protection and privacy. The agreement is intended to safeguard our systems and data while maintaining a clear understanding of vendor obligations. Budget Impact(amount,funding source,budget amendment): N/A Public Outreach (news release,community meeting, etc.): N/A Requested Action: Approval of the Mason County Vendor Data Access agreement. Attachments Agreement Mason County Vendor Data Access Agreement 1. Introduction This Vendor Data Access Agreement ("Agreement") is entered into by and between Mason County ("County") and ("Vendor") as of . The purpose of this Agreement is to establish the terms and conditions under which the Vendor is granted access to the County's systems and data for the provision of ("Service"). 2. Definitions • Confidential Information: Any data or information, whether in written, oral, electronic, or other form, that is proprietary or confidential to the County and is disclosed to the Vendor in connection with the Service. • County Data: All data provided by the County to the Vendor or to which the Vendor has access in connection with the Service, including, but not limited to, personal data, sensitive data, financial data, and operational data. • Data Breach: A security incident in which there is unauthorized access to or disclosure of County Data, whether such data is in transit, at rest, or in processing. 3. Grant of Access The County grants the Vendor limited, non-transferable, and non-exclusive access to its systems and County Data solely for the purpose of providing the Service, subject to the terms and conditions of this Agreement. 4. Vendor Responsibilities The Vendor shall: 4.1. Access and Use of County Data: Access and use County Data solely for the purpose of providing the Service and in strict compliance with the terms of this Agreement. 4.2. Security Measures: Implement and maintain appropriate administrative, physical, and technical safeguards to protect the security, confidentiality, and integrity of County Data, consistent with industry standards and applicable laws and regulations. 4.3. Personnel Access: Ensure that only authorized personnel who have a legitimate need to access County Data for the performance of the Service are granted such access. Vendor shall require such personnel to comply with the terms of this Agreement. 4.4. Compliance with Laws: Comply with all applicable federal, state, and local laws, regulations, and guidelines relating to data protection, privacy, and security. 5. Data Breach Notification and Response 5.1. Notification: In the event of a Data Breach, the Vendor shall notify the County in writing without undue delay, and in any event, no later than 24 hours after becoming aware of the breach. 5.2. Content of Notification: The notification shall include, at a minimum: • The nature of the Data Breach, including the categories and approximate number of individuals and data records concerned. • The likely consequences of the Data Breach. • The measures taken or proposed to be taken by the Vendor to address the Data Breach and to mitigate its possible adverse effects. 5.3. Mitigation and Remediation: The Vendor shall promptly take all necessary and appropriate actions to contain, mitigate, and remedy the effects of the Data Breach, including cooperating fully with the County in investigating the breach and preventing its recurrence. 6. Liability and Indemnification 6.1. Vendor Liability: The Vendor shall be liable for any damages, losses, or expenses (including reasonable attorney's fees) incurred by the County as a result of any Data Breach caused by the Vendor's failure to comply with the terms of this Agreement, including but not limited to: • Unauthorized access, use, or disclosure of County Data. • Failure to promptly notify the County of a Data Breach. • Failure to implement or maintain adequate security measures. 6.2. Indemnification: The Vendor shall indemnify, defend, and hold harmless the County, its officers, employees, and agents from and against any and all claims, damages, losses, and expenses (including reasonable attorney's fees) arising out of or in connection with: 0 Any breach of this Agreement by the Vendor. • Any negligent, reckless, or intentional act or omission by the Vendor in the performance of its obligations under this Agreement. 6.3. Limitation of Liability: Except as otherwise provided in this Agreement, in no event shall either party be liable to the other for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, business interruption, or loss of data, arising out of or in connection with this Agreement, even if advised of the possibility of such damages. 7. Termination 7.1. Termination for Cause: The County may terminate this Agreement immediately upon written notice to the Vendor if the Vendor breaches any of its obligations under this Agreement. 7.2. Effect of Termination: Upon termination of this Agreement, the Vendor shall immediately cease all access to County systems and return or securely destroy all County Data in its possession, custody, or control, in accordance with the County's instructions. 8. Miscellaneous 8.1. Amendments: This Agreement may only be amended by a written agreement signed by both parties. 8.2. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of laws principles. 8.3. Entire Agreement: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, understandings, or representations, whether written or oral. 8.4. Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. 9. Signatures IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective Date. Mason County Signature: _ Name: Title: Date: Authorized Signatory Vendor Name: Signature: _ Name: Title: Date: PSON Co1j, Mason County Agenda Request Form 1854 To: Board of Mason County Commissioners From: Todd Cannon Ext. 501 Department: Information Technology Briefing: Action Agenda: ❑X Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): August 26,2024 Agenda Date: September 10,2024 Internal Review: ❑ Finance ❑ Human Resources ® Legal ® Information Technology ❑ Risk (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• IT Incident Response Policy Background/Executive Summary: Purpose: The IT Incident Response Policy for Mason County outlines the responsibilities and procedures for responding to security threats that may compromise the confidentiality, integrity,or availability of IT resources.It aims to protect the county's information systems by ensuring a coordinated and effective response to any security incidents. Policy Overview: 1. Computer Emergency Response: a. IT-CERT Formation:An IT Computer Emergency Response Team(IT-CERT)will be established,led by the IT-CERT Person in Charge(IT-CERT-PIC). b. Team Composition: IT-CERT will include representatives from various departments such as Risk,Legal,and Central Services. c. Responsibilities: The IT-CERT will handle the communication of security information, identification of risks,and coordination of responses to mitigate or eliminate threats. d. Designated Emergency Contacts(DECs):A list of DECs from all departments will be maintained for effective communication and coordination during incidents. 2. Departmental Response Plans: a. DCERP Development: Each department is required to create a Departmental Computer Emergency Response Plan(DCERP)led by their DEC.This plan will guide the department's response to IT security threats. b. Incident Response Procedures:Departments must establish procedures for incident handling, reporting,communication with external parties,team structuring, and determining service capabilities during incidents. c. Notification Process:Departments must ensure timely notification to the IT-CERT and internal management when incidents occur. d. Corrective Actions: Both IT-CERT and DECs are responsible for taking corrective actions to remediate incidents and preserve evidence for potential legal actions. Supporting Tools: To assist in the implementation of this policy,a checklist and standardized form will be provided to all departments. These tools will help in the creation of tailored Departmental Computer Emergency Response Plans,ensuring that every department is prepared to effectively contribute to the overall incident response strategy of the county. Budget Impact(amount,funding source,budget amendment): N/A Public Outreach (news release,community meeting, etc.): N/A Requested Action: Approval of the Mason County IT Incident Response Policy. Attachments Policy IT Incident Response Policy PURPOSE The purpose of this policy is to define Mason County's responsibility in responding to security threats affecting the confidentiality, integrity, and/or availability of information technology (IT) resources. POLICY This policy is applicable to all departments and all information systems. 1 . COMPUTER EMERGENCY RESPONSE a. An I.T. Computer Emergency Response Team (IT-CERT) shall be established. The IT-CERT shall be led by the IT-CERT Person in Charge (IT- CERT-PIC). b. The IT-CERT shall consist of representatives from multiple departments, including but not limited to, Risk, Legal and Central services. c. The IT-CERT shall communicate security information, guidelines for notification processes, identify potential security risks, and coordinate responses to thwart, mitigate, or eliminate security threats to IT resources. d. The IT-Cert shall establish a list of Designated Emergency Contacts (DEC's) from all departments as well as any other entity that may be affected. 2. DEPARTMENTAL COMPUTER EMERGENCY RESPONSE a. Each department shall establish a Departmental Computer Emergency Response Plan (DCERP) that is led by the (DEC) and has the responsibility for responding to and/or coordinating the response to security threats to IT resources. b. Each department shall establish and implement Departmental Computer Emergency Response Procedures that consist of the following, at minimum: i. Developing procedures for performing incident handling and reporting. ii. Setting guidelines for communicating with outside parties regarding incidents. iii. Selecting a team structure and staffing mode. iv. Determining what services the department is still capable of providing. c. The DEC shall inform the IT-CERT, as early as possible, of security threats to IT resources. d. Each department shall develop a notification process, to ensure management notification within the department and to the IT-CERT, in response to IT security incidents. e. The IT-CERT and Dec's have the responsibility to take necessary corrective action to remediate IT security incidents. Such action shall include all necessary steps to preserve evidence in order to facilitate the discovery, investigation, and prosecution of crimes against IT resources. f. Each department shall maintain current contact information for all personnel who are important for the response to security threats to IT resources and/or the remediation of IT security incidents. g. In instances where violation of any law may have occurred, proper notifications shall be made in accordance with IT policies. All necessary action shall be taken to preserve evidence and facilitate the administration of justice. IT Incident Check List Initial Incident Handling Checklist Y/N Comments A. Detection and Analysis 1. Determine whether an incident has occurred. a. Analyze the precursors and indications. b. Look for correlating information. c. Perform research(e.g.,search engines,knowledge base). d. As soon as the handler believes an incident has occurred, begin documenting the investigation and gathering evidence. 2. Classify the incident using the following categories: denial of service, malicious code, unauthorized access, inappropriate usage, multiple component. 3. Determine if activation of the IT-CERT is needed B. Detection and Analysis 1. Prioritize handling the incident based on the business impact. a. Identify which resources have been affected and forecast which resources will be affected. b. Estimate the current and potential technical effect of the incident. 2. Report the incident to the Designated Emergency Contacts and advise of the expected impact to county function. C.Containment,Eradication,and Recovery 1. Acquire,preserve,secure,and document evidence. 2. Contain the incident. 3. Eradicate the incident. a. Identify and mitigate all vulnerabilities that were exploited. b. Remove malicious code, inappropriate materials, and other components. 4. Recover from the incident. a. Return affected systems to an operationally ready state. b. Confirm that the affected systems are functioning normally. c. If necessary, implement additional monitoring to look for future related activity. D.Post-Incident Activity 1. Create a follow-up report. 2. Hold a"lessons learned"meeting. C A Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Becky Rogers Ext.268 Department: Briefing: ❑x Human Resources/Board of Equalization Action Agenda: ❑x Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): August 26, 2024 Agenda Date: September 10, 2024 Internal Review: ❑ Finance ❑x Human Resources ❑ Legal ❑ Risk ❑ 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: Board of Equalization Application from Katherine McLean. Background/Executive Summary: The Board of Equalization(BoE) is a three-member board appointed by the County Commissioners. Members are appointed for staggered, three-year terms ending on May 31. The BoE consists of three regular members and two alternate members. The BoE's responsibility is to ensure that all property valuations are at 100% of market value, so equitable tax assessment is established. Budget Impact(amount, funding source,budget amendment): Members receive $100 per diem when in session. The per diem is budgeted. Public Outreach(news release, community meeting, etc.): A News Release was circulated beginning March 12, 2024, seeking applicants to fill positions with a first review period on March 29, 2024. Two applications are received. Requested Action: Approval to consider applicant/interview/vote on appointment of Katherine McLean to the Board of Equalization as a regular member to fill a position with a term ending May 31, 2026. Attachments: Application Entry#: 4 - Board of Equalization (BOE) Status: Submitted Submitted: 8/20/2024 4:06 PM #1.4 Advisory Board Name: Board of Equalization (BOE) Name: Today's Date: Katherine Diane McLean 8/20/2024 Address Voting Precinct: Phone Email Victor ( Community Service: Employment: Area Agency on Aging Advisory Committee 2021-2023 Managing Member, 65th Parallel, LLC 1985-2023 League of Women Voters Director, Intellectual Property& Licensing, University of Alaska,1997-2010 Program Manager for the Vice Chancellor for Research, University of Alaska Fairbanks, 1984-1989 What do you perceive is the role or purpose of this advisory board? The Board of Equalization is tasked with equalizing county property by raising or lowering the valuation of taxable real property within the county so that each taxable property is assessed at its true and fair value.The goal of the BoE is to impartially and fairly determine the taxable value of county properties according to measurement criteria used by the county assessor with the assessment year. What interest or skills do you wish to offer this advisory board? Experience managing projects valued in excess of$50 million. Experience valuating intellectual properties for the commercial market. List any financial, professional, or voluntary affiliations that could create a potential conflict of interest: No Required Training: Yes or No: Participation is dependent on attending certain trainings such as the Open Public Meetings Act (OPMA) Yes and Public Records Act (PRA) trainings at no cost to you. Will you be able to attend such trainings? How much time can you commit to Are you a U.S. citizen and *For Civil Service applications ONLY,what this advisory board: Mason County resident? is your political party? Weekly Yes C A Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Steve Duenkel Ext.468 Department: Auditor's Office Briefing: Action Agenda: ❑ Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): August 26,2024 Agenda Date: Click or tap here to enter text. Internal Review: ❑ Finance ❑ Human Resources ❑ Legal ❑ Information Technology ❑ Risk (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• Manual Recount of the Commissioner of Public Lands Primary Election Background/Executive Summary: The Office of Secretary of State has called for a statewide manual recount of the primary election race for Commissioner of Public Lands. This is the first statewide recount since 1960. 51 votes separate the candidates vying for the 2°d position on the November 5,2024, General Election. Mason County elections recount operations will be conducted the week of August 26,2024,and I am working with Public Works Director Loretta Swanson to use the Public Works facility conference room for this activity. We are looking to staff 20 Counting Boards each comprised of one member from the Democratic Party and one member from the Republican Party. Costs for the manual recount will be refunded by the Office of Secretary of State. Budget Impact(amount, funding source,budget amendment): Approximately$15,000. Public Outreach(news release, community meeting, etc.): Yes. The Auditor's Office will notify local media. Requested Action: None. Attachments: None. . • MASON COUNTY Public Health & Human Services Briefing August 26, 2024 Briefing Items Basic Sanitation Policy—Ian Tracy Code Enforcement Discussion—Ian Tracy Vital Records & Community Health Moving to New Location—Melissa Casey C A Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Ian Tracy Ext. 544 Department: Public Health Briefing: Action Agenda: ❑ Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): 8/26/2024 Agenda Date: Click or tap here to enter text. Internal Review: ❑ Finance ❑ Human Resources ❑ Legal ❑ Information Technology ❑ Risk (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• Basic Sanitation Policy Background/Executive Summary: The Board of Health approved the attached policy at a special meeting on August 13th, 2024. The purpose of this policy is to provide guidance to staff and ensure consistency when they encounter non-permitted living conditions. Over the past 5-7 years, our county has experienced an explosive increase in the number of complaints related to people living in tents,recreational vehicles, campers, sheds, cars, etc. Complaints such as multiple RVs, sewage, solid waste and un-permitted structures. Initially, our enforcement efforts adhered to the Mason County Code, and the result was the movement of people and their associated sanitation issues from one property to the next all over the county. The primary public health threats are exposure of people and the environment to sewage and unpermitted burning or landfilling of solid waste. By chasing people all over the county,we were not eliminating the public health threat;we were just changing the location with no control over where that new location might be. We also quickly found that we do not have adequate staff or support from the legal system to enforce the code for most of these complaints. Planning and Environmental Health jointly began exercising enforcement discretion for these cases. We chose to defer enforcement action for certain portions of the code if no public health threats were identified. This approach has been effective at mitigating public health threats,aligns with our current funding and is consistent with the approach used by neighboring jurisdictions. Budget Impact(amount, funding source,budget amendment): N/A Public Outreach (news release, community meeting, etc.): N/A Requested Action: Commissioner discussion. Attachments• Basic Sanitation Policy ® ® . MASON COUNTY Public Services Enforcement - Basic Sanitation for Non-Permitted Livingi i s The purpose of this policy is to protect public health and uphold the intent of existing regulations by identifying our enforcement discretion in response to the current economic, behavioral, and social challenges. This policy does not address building or planning codes. Problem Statement Mason County Public Health and Human Services (MCPH) is aware that many people are living individually or communally in non-permitted housing (including tents, recreational vehicles, converted out buildings, etc.) with a lack of potable water, sewage disposal, and solid waste disposal. This is most often due to their inability to find or afford appropriate housing and/or personal health challenges. However, living in substandard housing and discharging sewage to ground, unapproved drain fields, cesspools, pit privies, dry wells, etc. represent a public health and environmental risk. Accumulation or improper disposal of solid waste leads to public health and environmental impacts. Applicable Regulations • Mason County Code 6.72 Solid Waste and Biosolids Handling and Facilities Regulations ® Mason County Code 6.76 On-site Sewage Regulations Mason County Code 16.22 Mobile Homes and Trailer Parks ® Mason County Public Health On-site Standards ® RCW 35.21 .915 Hosting the homeless by religious organizations ® Washington Administrative Code 51-50-2900 Plumbing Systems Policy Statement It isthe policy of MCPH and the Mason County Board of Health that staff will work with the property owner, occupant(s), Mason County Code/Law Enforcement staff, or other involved parties to ensure: ® Sanitary management of wastewater. ® Sanitary management of solid waste. ® Prevent public health threats and degradation of shellfish harvesting areas. MASON COUNTY PUBLIC HEALTH,COMMUNITY&ENVIRONMENTAL HEALTH 415 6TH ST., SHELTON,WA 98584 SHELTON:(360)427-9670 X400 BELFAIR:(360)275-4467 X400 Basic Sanitation for Non-Permitted Living Conditions The property owner has the ultimate responsibility to ensure proper disposal of all sewage and solid waste on their property. Our intent is not to criminalize people living in these situations. Rather, our intent is to stabilize people where they are and provide time for them to improve their living conditions. This policy applies to any property within the boundary of Mason County. Policy Summary MCPH staff will follow the guidelines in this policy when they identify non- permitted living conditions via building permits, onsite sewage system (OSS) inspection reports, a complaint, agency referral or sanitary survey, etc. If there is an approved onsite sewage system on the property that has capacity for connection, then it may be used to properly handle sewage generated on the property. If there is no approved on-site sewage system or public sewer system connection then staff may authorize temporary occupancy of the property as prescribed in this policy. See Attachment B for definitions not included in Mason County Code (MCC) Titles 6 or 16. This policy does not identify approval criteria for siting Homeless Temporary Encampments. Temporary Encampments encompass several types: Continuous- Stay Shelter, Emergency Shelter Facility, Temporary Shelter Site, Resident Safe Park, Temporary Tent Encampment, Unsupported/Unsanctioned Encampment. Appendix A contains definitions of these terms from i The MCPH Director may extend compliance dates depending upon progress demonstrated by the property owner not to exceed 12 months. After this extension has expired, the property owner may appeal to the Health Officer and finally the Board of Health for more time. If the property owner is not able to comply after additional granted time, MCPH staff will evaluate the Enforcement and Penalty options specified in Title 15 - Development Code and Title 6 Sanitary Page 2 of 13 Basic Sanitation for Non-Permitted Living Conditions Code. Installation and use of pit toilets for sewage disposal shall not be permitted nor considered an adequate form of sewage disposal in Mason County (MCC 6.76.065(3)). Outdoor plumbing fixtures are discouraged, but this policy does make allowance forthem if certain conditions are met (see Attachment A). Unoccupied structures and vehicles that are not connected to water service or discharging wastewater are not subject to this policy. Property owners and/or Sponsor will provide adequate pest-proof garbage containers with frequent disposal at a permitted solid waste facility. This policy does not preclude other county departments or state agencies from taking enforcement action within their jurisdiction. No permit fees apply to the temporary circumstances covered in this policy. 4 I in this ®lip Table 1 below describes compliance requirements for waste management when people live primarily in travel trailers, recreational vehicles, park models, tiny homes, or other structures with plumbing fixtures where an on-site sewage system or public sewer connection is currently installed or is practical to install within six to 24 months. Table 2 provides waste management requirements for "Temporary Encampments" located on undeveloped properties with no onsite sewage system or public sewer connection, and it's not practical to provide either in the next six to 24 months. A Temporary Homeless Encampment as described in Table 2 is any sanctioned or unsanctioned homeless camp operated by the City, County, or faith-based and non-governmental organizations with a 501(C)(3) status that is a charitable organization. Table 3 provides waste management requirements for "Temporary Encampments" located on developed properties with an approved onsite sewage system including a system that may require supplemental portable services adequate for a temporary encampment at that location. Page 3 of 13 Basic Sanitation for Non-Permitted Living Conditions Attachment describes compliance requirements/actions where plumbing fixtures installed without permits are identified. Attachment B supplemental definitions Compliance with this policy will be ensured by completing the following: 1. MCPH staff provide property owner(owner) and occupants with information on: A. RV sewage disposal sites such as parks and other facilities. B. List of certified pumpers, C. Guidance for sanitary connection to OSS or portable holding tank. 2. MCPH staff will refer owner and occupants to Community Family Health to evaluate their eligibility for assistance programs. 3. MCPH staff will serve a written Notice and Order/ Notice of Violation (Order)to the owner/occupants of the property. Owner/occupant is required to submit a plan for management of wastewater and solid waste on the property on the Waste Management Plan (WMP) form provided by the department. 4. Recreational vehicles, park models, tiny homes, yurts, and converted outbuildings etc. being used as a single-family residence are all considered to generate the following volume of sewage based on water source. A. Plumbed water - 60gal/person/day. B. Hauled water supply - 5gal/person/day. 5. If the OSS serving the property has no as-built on file, MCPH staff will recommend the system be evaluated by a state licensed designer to determine its functional status and capacity. 6. Owners/occupants mustdemonstrate adequate sanitation and waste management through consistent compliance with and execution of the approved WMP. 7. Onsite sewage system disposal may be augmented by use of pumpable portable sanitation units such as sinks, showers, chemical toilets and bathrooms. These units must: A, Have adequate capacity for all grey and black water wastes. B. Be pumped out and waste disposed of in an appropriate off-site designated waste disposal treatment location. 8. Staff will inspect the connection to an existing onsite sewage system or to an adequate portable sanitation unit to ensure that it is sanitary and leak free. 9. If at anytime the owner/occupant is no longer in compliance with the WMP, MCPH staff will review MCC code and policy to determine appropriate enforcement action. Page 4 of 13 Basic Sanitation for Non-Permitted Living Conditions CountyMason rHealth Ran y Neatherlin, Chair Date Page 5 of 13 Basic Sanitation for Non-Permitted Living Conditions Table 1:Travel trailers,Recreational Vehicles,Park Models,Tiny Homes,or other structures with Plumbing fixtures Condition Observed Waste Management Owner Responsibilities Enforcement Timeline MCPH Staff Extension Director Extension Health Officer on the property Plan Extension Scenario#1 On board holding tank For an RV,submit WMP or One month for WMP. Up to six additional Up to 12 additional At Health Officer's No OSS available. for RV with waste contract with certified months for installation of months for installation discretion up to 12 management plan(WMP) pumper,or contract for and 12 months for installation of new OSS. of new OSS. additional months. One or more living or pump contract, place a chemical toilet on new OSS. units on the property. site. Condition:Progress Owner must appeal to OR has been made and Owner must appeal to Board of Health Notify staff of any spills. field inspection reveals Health Officer for (BOH) Contract for chemical that sewage is being additional time. for more time. toilet or temporary Apply for a permit and handled correctly. holding tank to handle complete installation of If final deadline not both grey and black new OSS. met,staff will evaluate water. the enforcement and penalty options AND specified in EH Policy and Code. Provide adequate containers and proper and frequent disposal of solid waste generated on the property Scenario#2 Additional living unit(s) Submit WMP. One month for WMP. If final deadline not met, N/A N/A OSS installed. may be connected if OSS staff will evaluate the is not in failure. Notify staff of any spills. enforcement and Single Family penalty options specified Residence connected. OR in EH Policy and Code. Additional living If it is not feasible for OSS unit(s)present. to serve the additional living unit(s),then refer to Scenario#1. AND Provide adequate containers and proper and frequent disposal of solid waste generated on the property. Page 6 of 13 Basic Sanitation for Non-Permitted Living Conditions Table 1 Continued Condition Observed Voluntary Compliance Owner Responsibilities Enforcement Time line MCPH Staff Extension Director Extension Health Officer on the property Agreement(WMP) Extension Scenario#3 Living unit(s)may be Submit WMP. One month for WMP. If final deadline not met, N/A N/A OSS installed. connected if OSS is not in staff will evaluate the failure. Notify staff of any spills. enforcement and No Single Family penalty options specified Residence connected. OR in EH Policy and Code. One or more living If not feasible for OSS to units. serve the living unit(s), then refer to Scenario#1. AND Provide adequate containers and proper and frequent disposal of solid waste generated on the property. Page 7 of 13 Basic Sanitation for Non-Permitted Living Conditions Table 2:Temporary Encampments located on undeveloped property with no access to approved wastewater treatment and disposal.Intentionally placed by owner/sponsor.i.e.City of Shelton Mitigation Site. Condition Observed Waste Management Owner Responsibilities Enforcement Timeline MCPH Staff Extension Director Extension Health Officer on the property Plan Extension Temporary Sufficient chemical toilets Submit and implement a One month to submit and Two additional weeks to One additional week to Camp may remain at encampment. for grey and black water, WMP that includes Contract implement WMP submit and implement submit and implement a documented with handwash station, with a licensed and certified WMP if progress has WMP if progress has location with an No OSS or other company to provide been verified. been verified. implemented WMP at approved wastewater OR adequate port-a-pots and the Health management system. potable water for If final deadline not met Officer's discretion up Portable restroom trailer handwashing and cooking. for submittal of WMP, to 12 months with adequate toilets, staff will evaluate the showers and enforcement and Owner must appeal to handwashing. penalty options Board of Health specified in EH Policy (BOH)for more time. Portable kitchen trailer and Code. for cooking and If final deadline not handwashing or other met,staff will evaluate mechanism/methods the enforcement and approved by EH to penalty options provide safe water and specified in EH Policy wastewater and Code. management. Potable water for handwashing and cooking. AND Camp may have to move to accommodate contractor access for maintenance. Property owners and/or Sponsor are responsible for providing adequate containers and proper and frequent disposal of solid waste generated on the property. Page 8 of 13 Basic Sanitation for Non-Permitted Living Conditions Table 3:Temporary Encampments located on pro erties with OSS. Condition Observed Voluntary Compliance Owner Responsibilities Enforcement Timeline MCPH Staff Extension Director Extension Health Officer on the property Agreement(WHIP) Extension Temporary OSS Is determined to Submit and implement a One month to Implement Two additional weeks to One additional week to Camp may remain at encampment. treat 60 gallons per WMP that includes Contract WMP. submit and implement submit and implement a documented person per day. with a licensed and certified WMP if progress has WWMP if progress has location with an Approved OSS company to provide been verified. been verified. implemented WMP at installed and potable If number of persons adequate chemical toilets the Health Officers water available. exceeds OSS capacity: and potable waterfor If final deadline not met discretion up to 12 Sufficient chemical toilets handwashing and cooking. for submittal of WMP, months. for grey and black water, staff will evaluate the with handwash station. Enforcement and Owner must appeal to Penalty options Board of Health OR specified in EH Policy (BOH)for more time. and Code. Portable restroom trailer If final deadline not with sufficient toilets and met,staff will evaluate handwashing. the Enforcement and Penalty options Portable kitchen trailer specified in EH Policy for cooking and and Code. handwashing or other mechanism/methods approved by EH to provide safe water and wastewater management. AND Camp may have to move to accommodate contractor access for maintenance. Property owners and/or Sponsor will be responsible for providing adequate containers and proper and frequent disposal of solid waste generated on the property. Page 9 of 13 Basic Sanitation for Non-Permitted Living Conditions Attachment Requirements for the allowance of or decommissioning of plumbing fixtures A, Outdoorfixtures(sink or shower, etc.whether plumbed to water or not): 1 . Current O&M inspection on file. 2. Plumbing fixture discharge must be plumbed into the septic system or remove fixture. 3. Exceptions: a, Hose bib on property okay. b. Exception: Fin or Shellfish wash sink ok if it is located near shore and served by hose. c. Exception: Raw vegetable wash sink ok if near vegetable garden and served by hose. B. Plumbing removal in a building not approved for plumbing: 1. Remove all plumbing fixtures such as sinks, showers, tubs, toilets. 2. Cut interior pipes atthe wall orfloor,fill firstfew inches of pipe with expanding foam or cement. 3. Water line must be cut and capped one foot outside the building. 4. Sewer line must be cut outside the building and either removed or filled with cement or expanding foam. 5. Septic tank or cesspool (if present) shall be decommissioned or removed with documentation submitted to MCPH. Hose bibs and hydrants are exempt. Page 10 of 13 Basic Sanitation for (Von-Permitted Living Conditions Attachment B Charitable is used in its generally accepted legal sense and includes relief of the poor,the distressed, orthe underprivileged;advancement of religion; advancement of education or science; erecting or maintaining public buildings, monuments, or works; lessening the burdens of government; lessening neighborhood tensions; eliminating prejudice and discrimination; defending human and civil rights secured by law; and combating community deterioration and juvenile delinquency. Continuous-Stay Emergency Shelters offer sponsored living arrangements where households have a room or bed or temporary portable tiny house shelter assigned to them throughout the duration of their stay in a sanctioned and sponsored location. The targeted stay may range from six months to one year and is renewable by the permitting body. Emergency Shelter Facility is defined as a building locally permitted to provide emergency shelter for people experiencing homelessness. This includes re-use of existing buildings and new buildings. This designation requires a certificate of occupancy issued by the local jurisdiction. Living Unit- Includes tents, RVs, travel trailers, sheds, yurts, or other places where people live, sleep, or recreate. Managing agency means an organization identified as the manager of a temporary encampment that has the capacity and expertise to organize and manage a temporary encampment. A "managing agency" may be the same entity as the sponsor. Owner is the property owner as identified in the County Assessor records. Resident Safe Park is an arena or location where people can live in their RVs or cars without standard hookups, but where there are features such as: security, property management, potable water, bathrooms and showers, garbage collection, electricity and access to social support services. This is essentially a non-profit coordinated, temporary RV park and is movable from one location to another. It doesn't usually have typical hookups as in a campground but may be located in a large parking lot or athletic field or commercial property or the grounds of a church. Page 11 of 13 Basic Sanitation for Non-Permitted Living Conditions Sponsor means: 1. A government entity(e.g., city or housing authority); or 2. A religious organization that is recognized bythe Internal Revenue Service as exempt from federal income taxes as a religious organization, and that expresses its religious mission, in part, by organizing living accommodations for the homeless; or 3. Nonprofit organization. Temporary means not affixed to land permanently and not using underground utilities. Temporary nce pment as used in this context means: "Not affixed to land permanently and not using underground utilities." (WA Deptof Commerce definition) There are several forms of"Temporary Encampments" including, but not limited to: • Unsanctioned temporary homeless tent encampment • Temporary supported emergency shelter • Sponsored temporary portable tiny house village • Designated temporary vehicle resident safe parkarena • Otherforms of temporary encampments, such as for events orsocial or religious gatherings. Temporary Encampments are generally limited to periods of six months to a year, depending on location, and may be renewable. Temporary Shelter Site is a structure or a location permitted to provide temporary shelter for people experiencing homelessness. Tents, mitigation sites, resident vehicle safe park arenas, or hosted encampments of portable tiny houses are examples of Temporary Shelter Sites. This designation requires use approval, as required by the local jurisdiction. This could be conditional or temporary use permits, or a zoning letter stating approvals required. Temporary shelter structures referred to as portable "tiny shelters" or "tiny homes" or "wooden tents" that do not have interior plumbing or kitchens are allowable facility types, in addition to other models approved by Commerce.Thisdesignation requires use approval,as required bythe local jurisdiction.This could beconditional ortemporary use permits,or a zoning letter stating approvals required. Temporary tent encampment means a group of homeless persons temporarily residing in tents or other temporary structures on a site owned or controlled by a sponsor with Page 12 of 13 Basic Sanitation for Non-Permitted Living Conditions services supervised by a managing agency. Unsupported/Unsanctioned Encampment is an encampment of tents or vehicles consisting of unrelated individuals occupying a location or facility without permitting, sanction or support of a non-profit organization or government agency. May be located on private property if sanitation requirements fortemporary encampments are met. Waste Management Plan( P) is a written plan submitted bythe owner/occupant or sponsoring entity that includes: ® Methods of wastewater management. ® Capacity based on the proposed number of occupants. ® Source of potable water and method of delivery. ® Contract with a certified septic pumper for removal of all grey and black water. ® Description of solid waste management and disposal. WAC 51-50-2900 Plumbing systems shall be used as a guide for minimum number of fixtures to be provided. At a minimum the following shall be met to be considered adequate: ® One toilet shall be provided at a ratio of 1:15 persons. ® Showers at the ratio of 1:8 persons. ® If three or more sanitary portable toilets or bathrooms with showers are required, at least one shall be ADA accessible. ® All shall be set back at least 40 feet from all property lines. ® Hand-washing stations shall be provided in both the toilet area and food preparation area. The "owner", "sponsor" and "managing agency" shall ensure compliance with the WMP, Washington State laws and regulations, the City of Shelton Municipal Code, and Mason County Code concerning, but not limited to, drinking water connections, food handling and storage, solid waste, sewage and electrical systems. The "owner", "sponsor" and "managing agency" shall coordinate with MCPH and arrange for inspections by state and local agencies to ensure such compliance and shall implement all directives that result within the specified time period. Page 13 of 13 C A Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Ian Tracy Ext. 544 Department: Public Health Briefing: Action Agenda: ❑ Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): 8/26/2024 Agenda Date: Click or tap here to enter text. Internal Review: ❑ Finance ❑ Human Resources ❑ Legal ❑ Information Technology ❑ Risk (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• Code Enforcement Discussion Background/Executive Summary: Mason County has received multiple complaints from the public regarding the slow process of code enforcement and the limited ability for staff to effect change on properties with significant challenges. The purpose of this briefing is to begin a discussion with the Commissioners and possibly schedule a special meeting. Budget Impact(amount, funding source,budget amendment): N/A Public Outreach (news release, community meeting, etc.): N/A Requested Action: Commissioner discussion and possible approval of a follow-up meeting. Attachments: N/A C A Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Melissa Casey Ext.404 Department: Public Health Briefing: Action Agenda: Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): 8/26/24 Agenda Date: 8/27/24 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• News Release—Vital Records&Community Health Moving to New Location Background/Executive Summary: During the last two weeks of August,Public Health&Human Services is moving Vital Records and Community Health to a new location at 2300 Kati Ct, Suite A, Shelton,WA 98584. Effective Tuesday, September 3rd,Vital Records and Community Health will be located at the new building. Environmental Health is not impacted by this move and will remain at the current location at 415 N 6th Street, Shelton, WA 98584. The Women, Infants, and Children(WIC)program will also remain at its current location at the Shelton Family YMCA, 3101 N Shelton Springs Road, Shelton,WA 98584.An Open House/Ribbon Cutting event will be scheduled next month to celebrate the new location. Budget Impact(amount, funding source,budget amendment): None Public Outreach(news release, community meeting, etc.): News Release Requested Action: Approval of News Release to be read at the August 27th regular meeting Attachments: News Release co NEWS RELEASE 8/27/24 — -- MASON COUNTY COMMISSIONERS' OFFICE 8sa 411 N STH ST, BLDG 1, SHELTON,WA 98584 TO: KMAS, KRXY, SHELTON-MASON COUNTY JOURNAL, THE OLYMPIAN, SHELTON CHAMBER OF COMMERCE,NORTH MASON CHAMBER OF COMMERCE, CITY OF SHELTON, ECONOMIC DEVELOPMENT COUNCIL, THE SUN RE: Vital Records & Community Health Moving to New Location Effective Tuesday, September 3rd, 2024, Vital Records and Community Health will be operating at a new location at 2300 Kati Court, Suite A, Shelton, WA 98584. The programs and services located at the new building include: • Vital Records (Birth Certificates & Death Certificates) • Community Health o Communicable Disease o Maternal Child Health o Behavioral Health (Mental Health& Substance Use) o Homeless Response System o Chronic Disease Prevention o Health Education Environmental Health (Water, On-site Sewage/Septic, Solid Waste/Code Enforcement, Food Safety, etc.)will not move and will remain at its current location at 415 N 6th Street, Shelton, WA 98584. The Women, Infants, and Children(WIC)program will also remain at its current location at the Shelton Family YMCA, 3101 N Shelton Springs Road, Shelton, WA 98584. Please contact Melissa Casey, Community Health Manager, with any questions at mcasey&masoncountywa. og_v or 360-427-9670 ext 404. BOARD OF MASON COUNTY COMMISSIONERS Randy Neatherlin, Kevin Shutty, Sharon Trask, Chair Commissioner Commissioner MASON COUNTY PUBLIC WORKS COMMISSIONER BRIEFING August 26, 2024 Action Items• • Mary Ruth Mann's Private Line Occupancy Permit granting permission for the electric and waterlines along the North Shore Road serving parcel numbers 32220-50-03003 and 32220-50-03004. Discussion Items: Commissioner Follow-Up Items: Upcoming Items• Aug. 19th -30th Satsop Cloquallum Road closure for Comfort Creek culvert replacement project at MP 5.20. Aug. 19th -30t" Bear Creek Dewatto Road closure for twin culvert replacement project on the Tahuya River at MP 5.29. August 27th @ 9:15am Public Hearing for franchise agreement between Mason County and Pleasant Cove Water association to construct, operate and maintain their water system along North Shore Road and Elfendahl Pass Road. Sept. 9th—Oct. 16th Little Egypt Road closure at approximate milepost 0.33 for pile cap replacement on the North Fork Goldsborough Bridge. Sept. 24th @ 9:15am. Public Hearings to consider adopting 1. 2025 Annual Road Program 2. 6-Year Transportation Improvement Program for the years 2025 to 2030. C A Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Mike Collins,PLS,PE, County Engineer Ext.450 Department: Public Works Briefing: Action Agenda: Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): August 26, 2024 Agenda Date: September 10, 2024 Internal Review: ❑ Finance ❑ Human Resources ® Legal ❑ Information Technology ❑ Risk (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: Private Line Occupancy Permit—Mary Ruth Mann Background/Executive Summary: Ms. Mary Ruth Mann has applied for a Private Line Occupancy Permit in order to install an electric and waterline along the road at: 16621 NE North Shore Road. Budget Impact (amount, funding source, budget amendment): An application fee of$200 has been paid to process the proposed Private Line Occupancy Permit. Public Outreach (news release, community meeting, etc.): N/A Requested Action: Recommend the Board approve Mary Ruth Mann's Private Line Occupancy Permit granting permission for the electric and waterlines along the North Shore Road serving parcel numbers 32220-50-03003 and 32220-50-03004. Attachments: 1. PLO (Page A-4, Area Map) IN THE MATTER OF THE APPLICATION OF Mary Ruth Mann FOR A PRIVATE LINE UTILITY OCCUPANCY PERMIT TO CONSTRUCT, OPERATE, AND MAINTAIN Waterline and electrical line ALONG AND UNDER North Shore Road A COUNTY MAINTAINED ROAD LOCATED IN MASON COUNTY, WASHINGTON Application of Mary Ruth Mann with principal residence located at 1425 Western Ave#113, Seattle,WA 98101,by and through Mary Ruth Mann, 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. 1. DEFINITIONS For the purposes of this private line utility occupancy permit, terms, phrases, words, and their derivations not defined herein that are defined in Title 12 of the Mason County Code or the Manual on Accommodating Utilities in the Mason County Right-of-Way published by the County Engineer(the "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. IL GRANT The County of Mason(hereafter the "County") hereby grants to the Permittee a non-exclusive private line utility occupancy permit(hereinafter"Permit")which, once it becomes effective shall authorize the Permittee to enter upon the road rights-of-way located within the Permit Area for the purpose of maintaining, repairing, replacing, which grant shall be limited to the following described purpose(s):Provide water distribution from, and power to, a well serving tax parcels: 32220-50-03003 & 32220-50-03004. 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 property, and for purposes of taking immediate corrective action, Permittee and its agents may enter the Permit Area without advance notice to the County as long as such entry is for the sole purpose of addressing the emergency; provided however, that if any entry for such purposes would require issuance of a utility permit, Permittee shall give the County verbal or telephonic notice of the places where and the manner in which entry is required prior to such entry, promptly followed by written notice. In all cases, notice to the County shall be given as far in advance as practical prior to entry or as soon as practicable after entry upon the road right-of- way. M. Permittee shall promptly reimburse the County for its reasonable and direct costs incurred in responding to an emergency that is caused,created by or attributable to the presence, construction,maintenance,repair,or operation of Permittee's utility facilities in the road rights- of-way. 5 N. If,during any Work,Permittee or its agents discover scientific or historic artifacts,Permittee or its agents shall immediately notify the County of said discovery and shall protect such artifacts in a manner as specified by the County. Any such artifact shall be the property of the County if the County wishes to own it. VI. PROTECTION OF PUBLIC All Work done under this Permit shall be done in a thorough and workman-like manner. In the performance of any Work, including without limitation, the opening of trenches and the tunneling under county roads, right-of way or other county property, the Permittee shall leave such trenches, ditches and tunnels in such a way as to interfere as little as possible with public travel and shall take all due and necessary precautions to guard the same, so that damage or injury shall not occur or arise by reason of such Work; and where any of such trenches, ditches and tunnels are left open at night,the Permittee shall place warning lights,barricades and other appropriate protective devices at such a position as to give adequate warning of such Work. The Permittee shall be liable for any injury to person or persons or damage to property sustained arising out of its carelessness or neglect, or through any failure or neglect to properly guard or give warning of any trenches, ditches or tunnels dug or maintained by the Permittee. VIL POLICE POWERS The County,in granting this Permit,does not waive any rights which it now has or may hereafter acquire with respect to county roads, rights-of-way or other county property and this Permit shall not be construed to deprive the county of any powers, rights or privileges which it now has or may hereafter acquire to regulate the use of and to control the county roads,right-of-way and other county property covered by this Permit. The County retains the right to administer and regulate activities of the Permittee up to the fullest extent of the law. The failure to reserve a particular right to regulate, or reference a particular regulation, shall not be interpreted by negative implication or otherwise to prevent the application of a regulation to the Permittee. VIII. RELOCATION Permittee shall, in the course of any Work, comply with the following requirements: A. The Permittee shall,by a time specified by the County,protect, support,temporarily disconnect, relocate, or remove any of its utility facilities when required by the County by reason of traffic conditions; public safety; road right-of-way construction; road right-of-way repair (including resurfacing or widening); change of road right-of-way grade; construction, installation, or repair of County-owned sewers, drains, water pipes, power lines, signal lines, tracks, communications system, other public work, public facility, or improvement of any government-owned utility; road right-of-way vacation; or for any other purpose where the County work involved would be aided by the removal or relocation of the utility facilities. Collectively, such matters are referred to below as the "public work." 6 Permittee acknowledges and understands that any delay by Permittee in performing the above described work may delay, hinder, or interfere with the work performed by the County and its contractors and subcontractors done in furtherance of such Public Work and result in damage to the County, including but not limited to, delay claims. Permittee shall cooperate with the County and its contractors and subcontractors to coordinate such Permittee work to accommodate the Public Work project and project schedules to avoid delay, hindrance of, or interference with the Public Work. The County shall make available to the Permittee a copy of the Six Year Transportation Program and the County's annual construction program after adoption each year. It is anticipated these programs will aid the Permittee in planning construction programs. B. Permittee has a duty to protect its utility facilities from work performed by the County within the road rights-of-way. The rights granted to the Permittee herein do not preclude the County, its employees, contractors, subcontractors, and agents from blasting, grading, excavating, or doing other necessary road work contiguous to Permittee's utility facilities; providing that, the Permittee shall be given a minimum of forty-eight (48) hours notice of said blasting or other work in order that the Permittee may protect its utility facilities. C. In the event of an emergency, or where the utility facility creates or is contributing to an imminent danger to health, safety, or property, the County may protect, support, temporarily disconnect, remove, or relocate any or all parts of the utility facility without prior notice, and charge the Permittee for costs incurred. D. If any Person that is authorized to place facilities in the road right of way requests the Permittee to protect, support, temporarily disconnect, remove, or relocate the Permittee's utility facilities to accommodate the construction, operation, or repair of the facilities of such other person,the Permittee shall, after 30 days' advance written notice, take action to effect the necessary changes requested; provided that, if such project is related to or competes with Permittee's service, or if the effect of such changes would be to permanently deprive Permittee of the beneficial enjoyment of this Permit for its intended purposes through interference with the operation of Permittee's utility facilities or otherwise, Permittee shall not be required to relocate its utility facilities. Unless the matter is governed by a valid contract or a state or federal law or regulation, or unless the Permittee's utility facilities were not properly installed, the reasonable cost of the same shall be borne by the Person requesting the protection, support, temporary disconnection,removal, or relocation at no charge to the County, even if the County makes the request for such action. E. The Permittee shall, on the request of any person holding a valid permit issued by a governmental authority, temporarily raise or lower its wires to permit the moving of buildings or other objects. The expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting the same. 7 The County of Mason will accept liability for direct and actual damages to said Permittee that are the result of the negligence of Mason County, its trustees, officers, employees, contractors, subcontractors or agents while performing County improvement or Public Works projects enumerated in Section VIII, paragraph B. Direct and actual damages are specifically limited to physical damage to properly installed and located infrastructure of the Permittee and the cost to repair such physical damage. Mason County retains the right to assert all applicable defenses in the event of a dispute including contributory_negligence on the part_of the Permittee. Mason County shall in no way be liable for incidental damages claimed to arise from such actions. All Work to be performed by the Permittee under this section shall pass the inspection of the County Engineer. The Permittee shall pay all costs of and expenses incurred in the examination, inspection and approval of such work. IX. PRESERVATION OF MONUMENTS/MARKERS Before any Work is performed under this permit which may affect any existing monuments or markers of any nature relating to subdivisions, plats, roads and all other surveys, the Permittee shall reference all such monuments and markers. The reference points shall be so located that they will not be disturbed during the Permittee's Work and operations under this Permit. The method of referencing these monuments or other points to be referenced shall be approved by the County Engineer. The replacement of all such monuments or markers disturbed during construction shall be made as expeditiously as conditions permit in accordance with RCW 58.24 and WAC 332-120, and as directed by the County Engineer. The cost of monuments or other markers lost, destroyed, or disturbed, and the expense of replacement by approved monuments shall be borne by the Permittee. A complete set of reference notes for monument and other ties shall be filed with the office of the Mason County Engineer. X. VACATION OF ROAD RIGHT-OF-WAY If at any time the County shall vacate any County road or right-of-way or other County Property which is subject to rights granted by this Permit and said vacation shall be for the purpose of acquiring the fee or other property interest in said road or right-of-way for the use of the County, in either its proprietary or governmental capacity, then the Board of Mason County Commissioners may,at its option,and by giving thirty(30)days written notice to the Permittee, terminate this Permit with reference to such county road right-of-way or other County property so vacated, and the County of Mason shall not be liable for any damages or loss to the Permittee by reason of such termination. It has been the practice of Mason County to reserve easements for utilities at the time of road vacation, and will continue to be the practice until such time the Board of Mason County Commissioners direct a change of practice. 8 XI. FINANCIAL SECURITY A. Insurance It is intended that the following insurance requirements shall apply to the person performing the Work in the road right-of-way. Permittee and Permittee's contractors shall not perform or cause to be performed any Work, unless and until Permittee (to the extent Permittee performs any of the Work in the road right-of-way) or its contractors (to the extent Permittee's contractor performs any of the Work in the road right-of-way) provide certificates of insurance evidencing that Permittee or Permittee's contractors are in compliance with the following requirements, including, maintaining insurance in at least in the following amounts: 1. COMMERCIAL GENERAL LIABILITY insurance to cover liability, bodily injury, and property damage. The Commercial General Liability insurance shall be written on an occurrence basis, with an aggregate limit location endorsement for the Permit Area, and shall provide coverage for any and all costs, including defense costs, and losses and damages resulting from personal injury, bodily injury and death, property damage, products liability and completed operations arising out of the Work. Coverage must be written with the following limits of liability: Bodily and Personal Injury& Prope . Damage $ 1,000,000 per Occurrence $ 2,000,000 aggregate 2 WORKERS'COMPENSATION insurance shall be maintained by Permittee's contractor to comply with statutory limits for all employees, and in the case any work is sublet, the contractor shall require its subcontractors similarly to provide workers' compensation insurance for all the employees. 3. COMPREHENSIVE AUTO LIABILITY insurance shall include owned, hired, and non-owned vehicles on an occurrence basis with coverage of at least $500,000 per occurrence. The required insurance shall be maintained from the time that Work in the road right-of-way commences until the Work is complete and the utility permit issued for said Work has been released by the County Engineer, or his or her designee. If the Permittee or its contractors and subcontractors do not have the required insurance, the County may require such entities to stop operations until the insurance is obtained and approved. Permittee shall, or shall cause its contractors to, file with the application for a utility permit, certificates of insurance reflecting evidence of the required insurance in a form and content approved by the County's Risk Manager. All coverage shall be listed on one certificate with the same expiration dates. 9 The certificates shall contain a provision that coverages afforded under these policies will not be canceled until at least 30 days'prior written notice has been given to the County. In the event that the insurance certificate provided indicates that the insurance shall terminate or lapse during the period of the Work, then, in that event, the Permittee shall furnish, at least 30 days prior to the expiration of the date of such insurance, a renewed certificate of insurance as proof that equal and like coverage has been or will be obtained prior to any such lapse or termination during the balance of the period of the Permit. The County reserves the right, during the term of the Permit, to require any other insurance coverage or adjust the policy limits as it deems reasonably necessary utilizing sound risk management practices and principals based upon the loss exposures. Each insurance policy required pursuant to this Permit shall be primary and non-contributing as respects any coverage maintained by the County and shall include an endorsement reflecting the same. Any other coverage maintained by County shall be excess of this coverage herein defined as primary and shall not contribute with it. The certificate of insurance must reflect that the above wording is included in all such policies. Each insurance policy obtained pursuant to this Permit shall be issued by financially sound insurers who may lawfully do business in the State of Washington with a financial rating at all times during coverage of no less than rating of"A" and a class of"X" or better in the latest edition of`Best's Key Rating Guide"published by A.M. Best Company,or such other financial rating or rating guide approved in writing by the County's risk manager. In the event that at any time during coverage, the insurer does not meet the foregoing standards, Permittee shall give or shall cause its contractors to give prompt notice to the County and shall seek coverage from an insurer that meets the foregoing standards. The County reserves the right to change the rating or the rating guide depending upon the changed risks or availability of other suitable and reliable rating guides. Comprehensive general liability insurance policies and coverage obtained pursuant to this Permit shall include an endorsement (standard ISO form CG 24-17) deleting all exclusions for work or incidents occurring within any distance from a railroad track or railroad property, or on, over, or under a railroad track. Insurance policies required pursuant to this Permit shall have no non-standard exclusions unless approved of by the County Risk Manager or designee. Commercial general liability insurance policies obtained pursuant to this Permit shall name the County as an additional insured without limitation,pursuant to an endorsement approved of by the County's Risk Manager or designee. Permittee or Permittee's Contractors' insurers, through policy endorsement, shall waive their rights of subrogation against the County for all claims and suits. The certificate of insurance must reflect this waiver of subrogation rights endorsement. 10 B. Contractor Bond. All contractors performing Work on behalf of Permittee shall be licensed and bonded. C. Limitation of Liability. to the fullest extent permitted by law, permittee shall, and shall cause its contractor(s) only as to subsection (9) below, to release, indemnify, defend and hold harmless the county and the county's legal representatives, officers(elected or appointed), employees and agents (collectively, "indemnitees") for, from and against any and all claims, liabilities, fines, penalties, costs, damages, losses, liens, causes of action, suits, demands, judgments and expenses (including, without limitation, court costs, attorneys' fees, and costs of investigation,removal and remediation and governmental oversight costs), environmental or otherwise (collectively"liabilities") of any nature, kind, or description, of any person or entity, directly or indirectly, arising out of, resulting from, or related to (in whole or in part): 1. this permit; 2. any rights or interests granted pursuant to this permit; 3. permittee's occupation and use of the road right of way; 4. permittee's operation of its utility facilities; 5. the presence of utility facilities within the right of way; 6. the environmental condition and status of the road right-of-way caused by, aggravated by, or contributed to, in whole or in part,by permittee or its agents; or 7. the acts, errors,or omissions of third parties when arising out of the, installation, construction, adjustment, relocation, replacement, removal, or maintenance of such third party utility facilities within the road rights-of-way when such work is performed under authority of the operator's utility permit or at the direction or under the control of the operator; or 8. any act or omission of permittee or permittee's agents; or 9. any act or omission of contractor or its employees, agents, or subcontractors when arising out of the work. Even if such liabilities arise from or are attributed to, in whole or in part, any negligence of any indemnitee. The only liabilities with respect to which permittee's obligation to indemnify the indemnitees does not apply are liabilities to the extent proximately caused by the sole negligence or intentional misconduct of an indemnitee or for liabilities that by law the indemniteees cannot be indemnified for. 11 Upon written notice from the county, permittee agrees to assume the defense of any lawsuit or other proceeding brought against any indemnitee by any entity, relating to any matter covered by this permit for which permittee has an obligation to assume liability for and/or save and hold harmless any indemnitee. Permittee shall pay all costs incident to such defense, including, but not limited to, attorneys' fees, investigators' fees, litigation and appeal expenses, settlement payments and amounts paid in satisfaction of judgments. Permittee will fully satisfy said judgment within ninety (90) days after said suit or action shall have finally been determined if determined adversely to mason county. upon the permittee's failure to satisfy said judgment within the ninety (90) day period, this permit shall at once cease and terminate and the county of mason shall have a lien upon permittee's utility facilities and all other facilities used in the construction, operation and maintenance of the permittee's utility system which may be enforced against the property for the full amount of any such judgment so taken against any of the indemnitees. Acceptance by the County of any Work performed by the Permittee at the time of completion shall not be grounds for avoidance of this covenant. XIL PERMIT NONEXCLUSIVE This Permit shall not be deemed to be an exclusive Permit. It shall in no manner prohibit the County of Mason from granting rights to other utilities under, along, across, over and upon any of the County roads, rights-of-way or other County property subject to this Permit and shall in no way prevent or prohibit the County of Mason from constructing, altering, maintaining or using any of said roads rights-of-way, drainage structures or facilities, irrigation structures or facilities, or any other county property or affect its jurisdiction over them or any part of them with full power to make all necessary changes,relocations,repairs,maintenance, etc.,the same as the County may deem fit. XIII. SUCCESSORS AND ASSIGNS All the provisions, conditions, regulations and requirements herein contained shall be binding upon the successors and assigns of the Permittee and all privileges, as well as all obligations and liability of the Permittee, shall inure to its successors and assigns equally as if they were specifically mentioned wherever the Permittee is mentioned. Any reference in this Permit to a specifically named party shall be deemed to apply to any successor, heir, administrator, executor or assign of such party who has acquired its interest in compliance with the terms of this Permit or under law. XIV. TRANSFER/ASSIGNMENT Permittee may assign or transfer this Permit by contacting the County of Mason to obtain an Assignment Agreement. The Agreement must be signed and delivered back to the County of Mason. Assignees shall thereafter be responsible for all obligations of Permittee with respect to the Permit and guaranteeing performance under the terms and conditions of the Permit and that transferee will be bound by all the conditions of the Permit and will assume all the obligations of its predecessor. Such an assignment shall relieve the Permittee of any further 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 terminate this Permit,the County has the right to exercise any and all of the following remedies, singly or in combination, in the event of Default. "Default" shall mean any failure of Permittee or its agents to keep, observe or perform any of Permittee's or its agent's duties or obligations under this Permit: 1. Damages. Permittee shall be liable for any and all damages incurred by County. 2. Specific Performance. County shall be entitled to specific performance of each and every obligation of Permittee under this Permit without any requirement to prove or establish that County does not have an adequate remedy at law. Permittee hereby waives the requirement of any such proof and acknowledges that County would not have an adequate remedy at law for Permittee's commission of an Event of Default hereunder. 3. Injunction. County shall be entitled to restrain, by injunction, the actual or threatened commission or attempt of an Event of Default and to obtain a judgment or order specifically prohibiting a violation or breach of this Permit agreement without, in either case, being required to prove or establish that County does not have an adequate remedy at law. Permittee hereby waives the requirement of any such proof and acknowledges that County would not have an adequate remedy at law for Permittee's commission of an Event of Default hereunder. 4. Alternative Remedies. Neither the existence of other remedies identified in this Permit nor the exercise thereof shall be deemed to bar or otherwise limit the right of the County to commence an action for equitable or other relief and/or proceed against Permittee and any guarantor for all direct monetary damages, costs and expenses arising from the Default 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: Mary Ruth Mann 1425 Western Ave#113 Seattle, WA 98101 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 Parry 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 Parry 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 parry and consistent with the provisions contained herein in order to achieve the objectives and purposes of this Permit. L. Incorporation by Reference. All exhibits annexed hereto at the time of execution of this Permit or in the future as contemplated herein, are hereby incorporated by reference as though fully set forth herein. M. Calculation of Time. All periods of time referred to herein shall include Saturdays, Sundays, and legal holidays in the State of Washington, except that if the last day of any period falls on any Saturday, Sunday, or legal holiday in the State of Washington, the period shall be extended to include the next day which is not a Saturday, Sunday, or legal holiday in the State of Washington. 17 N. Entire Agreement. This Permit is the full and complete agreement of County and Permittee with respect to all matters covered herein and all matters related to the use of the Permit Area by Permittee and Permittee's Contractors, and this Permit supersedes any and all other agreements of the Parties hereto with respect to all such matters, including, without limitation, all agreements evidencing the Permit. O. No Recourse. Without limiting such immunities as the County or other persons may have under applicable law, Permittee shall have no monetary recourse whatsoever against the County or its officials, boards, commissions, agents, or employees for any loss or damage arising out of the County's exercising its authority pursuant to this Permit or other applicable law. P. Responsibility for Costs. Except as expressly provided otherwise, any act that Permittee is required to perform under this Permit shall be performed at its cost. If Permittee fails to perform work that it is required to perform within the time provided for performance, the County may perform the work and bill the Permittee. The Permittee shall pay the amounts billed within 30 days. Q. Work of Contractors and Subcontractors. Work by contractors and subcontractors are subject to the same restrictions, limitations, and conditions as if the Work was performed by the Permittee. The Permittee shall be responsible for all Work performed by its contractors and subcontractors, and others performing Work on its behalf, under its control, or under authority of its utility permit, as if the work were performed by it and shall ensure that all such work is performed in compliance with this Permit, Title 12 MCC, the Manual and other applicable law, and shall be jointly and severally liable for all damages and correcting all damage caused by them. It is the Permittee's responsibility to ensure that contractors, subcontractors, or other Persons performing work on the Permittee's behalf are familiar with the requirements of the Permit,Title 12 MCC,the Manual,and other applicable laws governing the work performed by them and further, for ensuring that such contractors and subcontractors maintain insurance as required herein. R. Survival of Terms. Upon the termination of the Permit,the Permittee shall no longer have the right to occupy the Permit area. However, the Permittee's obligations under this Permit to the County shall survive the termination of these rights according to its terms for so long as the Permittee's utility facilities shall remain in whole or in part in the road rights-of- way, except to the extent the County Engineer has approved abandonment in place. By way of illustration and not limitation, Permittee's obligations to indemnify, defend and hold harmless the County, provide insurance and a performance/payment bond pursuant to Section XI and Permittee's obligation to relocate its utility facilities pursuant to Section VIII, shall continue in effect as to the Permittee, notwithstanding any termination of the Permit, except to the extent that a County-approved transfer, sale, or assignment of the utility system is completed, and another entity has assumed full and complete responsibility for the utility facilities or for the relevant acts or omissions. 18 DATED at Shelton, Washington this day of , 20 APPROVED: BOARD DF CDMMISSION E RS MASON COUNTY, WASHINGTON County Engineer Chair Approved as to form: Vice Chair Chie 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: Mary Ruth Mann Private Line Occupancy Permit Grantor: COUNTY OF MASON, a legal subdivision of the state of Washington Grantee: Mary Ruth Mann Description of Franchise Area: SEE EXHIBIT A-4 A-1 Ili ACCEPTANCE OF PERMIT Private Line Utility Occupancy Permit effective ''.1, 9t 9�) Z� , 20 I Mary Ruth Mann am the owner of parcel(s)Tax Parcels No 32220-50-03003 and 32220-50-03004 and authorized to accept Permit on behalf of myself, certify that this Permit and all terms and conditions thereof are accepted by myself without qualification or reservation and guarantee performance hereunder. I certify that, to the best of my knowledge, the assessor's tax identification number of the parcel or parcels benefited by this Permit and a legal description of each such parcel are as described in the Iattached exhibit. DATED this day of Ah re4llei 20 rP ITTEE(u� _s a ann By: Maty Ruth Mann Title: Owner STATE OF 4/49I.iyA j tp,l, ) ss. COUNTY OF IQY%/ ) T I certify that I know or have satisfactory evidence that Mal Y MA y.ln. is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execu_t� .the instrument and acknowledged it as the OW n e r l' of the p d pgj-T to be the free and voluntary act of such party for the uses an purpo es mciAwned in the instrument. Dated: 2/ /2 Notary Public Fcostate WALLIS Print Name T O-CY j v O�L blic hington My coinmission expires AJnV lco '2o2�21037917 Nov 10, 2023 I A-2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . MEMORANDUM OF PRIVATE LINE UTILITY OCCUPANCY PERMIT THIS MEMORANDUM OF PERMIT is dated as of the_day of , 2024 between the County of Mason, a legal subdivision of the state of Washington("County")and Mary Ruth Mann (Permi'ttee"), 1. Prosy. 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 , 2024 (the "Permit"), which terms and conditions are incorporated herein by this reference. The property to be benefited by this permit is situated in the Mason County, Washington, legally described in Exhibit A attached hereto (herein called the"Property"). The road right-of-way permit area("Permit Area")is also described i*n attached Exhibit A. 2. Term. The term of the Permit is in p erpetuity 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 automatical ly terminate upon assignment without the prior written consent of the County, or upon transfer of the Property without the prior written consent of the County to an assignment of the Permit or upon transfer of all or part of the utility facilities located in the Permit Area without the prior written consent of the County to an assignment of the Permit. 4. Purpose of Memorandum of Permit. This memorandum of permit sP I d for the purpose of recordation and notice and i*n no way modifies the Permit and is in no way i to or should be construed to create or convey an interest intendedn land or the road right-of- way. DATED this day of ,20 COUNTY OF MASON County Engineer Approved as to form: C hi e f 6101ro 1AA 0 won OWN A-3 FORM OF MEMORANDUM OF PERMIT Permit Area Map Porcel/J222-50-OJOOJ Porcel J222-50-OJOOJ //Zz5/DE HlLL5/DE £,risting Well-head Proposed ROW Crossing Electrical and Pipeline Norih-5hore Road Outhouse vcco/ Lof cob/� Address- 16621 N£ Northshore Rood, lohuyv Porcel/J222-50-OJOOJ Porcel y J222-50-OJOOJ A-4