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2019/04/01 - Briefing Packet
BOARD OF MASON COUNTY COMMISSIONERS DRAFT BRIEFING MEETING AGENDA 411 North Fifth Street, Shelton WA 98584 Week of April 1, 2019 Monday, April 1, 2019 Commission Chambers 9:00 A.M. Support Services — Frank Pinter 10:00 A.M. Community Services — Dave Windom 10:15 A.M. BREAK 10:30 A.M. Public Works — Jerry Hauth Utilities & Waste Management 10:45 A.M. Sheriff— Chief Dracobly 11:00 A.M. Support Services — Frank Pinter Review Budget Committee Recommendations Commissioner Discussion — as needed Briefing Agendas are subject to change,please contact the Commissioners'office for the most recent version. Last printed 03/28/19 at 8:42 AM If special accommodations are needed,contact the Commissioners'office at ext.419,Shelton#360-427-9670;Belfair #275-4467,Elma#482-5269. MASON COUNTY COMMISSIONER BRIEFING INFORMATION FOR WEEK OF April 1, 2019 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. soN CO �m 1854 Mason County Support Services Department Budget Management oozy 411 North 5 th Street Commissioner Administration Emergency Management Shelton, WA 98584 Facilities, Parks&Trails 360.427.9670 ext. 419 Human Resources Information Services Labor Relations Risk Management MASON COUNTY COMMISSIONER BRIEFING ITEMS FROM SUPPORT SERVICES April 1, 2019 • Specific Items for Review o Application from William Bezanson for the Lewis-Mason-Thurston Area Agency on Aging Advisory Council for the one vacant position. Need direction from Commissioners—appoint or schedule interview?— Diane o Need to name official County newspaper—Diane o Proclamation for National County Government Month —April 2019 -Diane o Vacancy on Cemetery District 1—Diane o Status of offer to purchase surplus property at Bucktail View— Frank o Offer on surplus property located at E Port Townsend Street, Union - Frank o Approval of Hold Harmless Agreement with Michelle Williams— Frank o Discuss Unusual Weather Conditions/Extreme Circumstances Policy—Frank o Elected Official Salary Survey—Frank o MOU with AFSCME to address Janus - Frank • Commissioner Discussion o Garbage Issue—Cmmr. Trask JADLZ\Briefing Items\2019\2019-04-0I.docx MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Melissa Drewry DEPARTMENT: Support Services EXT: 589 BRIEFING DATE: April 1, 2019 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEM: Resolution selecting the Shelton-Mason County Journal as the official county newspaper for publishing certain legal publications. EXECUTIVE SUMMARY(If applicable, please include available options and potential solutions): RCW 36.72.075 requires the county legislative authority to select a legal newspaper as the official county newspaper for the term of one year. The Shelton-Mason County Journal is the only newspaper published in the county that qualifies as a legal newspaper under RCW 65.16.020. BUDGET IMPACT: None ATTACHMENTS: Resolution to approve on the April 9, 2019 action agenda. Briefmg Summary 3/25/2019 RESOLUTION NO. AMENDS RESOLUTION 35-18 A RESOLUTION SELECTING OFFICIAL COUNTY NEWSPAPER WHEREAS, RCW 36.72.075 requires the county legislative authority to let a contract to a legal newspaper to serve as the official county newspaper for the term of one year and; WHEREAS, If there is at least one legal newspaper published in the county, the contract shall be let to a legal newspaper published in the county and; WHEREAS, the She/ton-Mason CountyJourna/is published in Mason County and qualifies as a legal newspaper in accordance with RCW 65.16.020. NOW, THEREFORE, BE IT RESOLVED, the Board of Mason County Commissioners hereby declares the She/ton-Mason CountyJourna/as the official county newspaper for furnishing certain legal publications for the period of one year beginning on May 1, 2018. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: Kevin Shutty, Chair Melissa Drewry, Clerk of the Board APPROVED AS TO FORM: Sharon Trask, Commissioner Tim Whitehead, Chief DPA Randy Neatherlin, Commissioner WASHINGTON STATE ASSOCIATION of COUNTIES National County Government Month -April 2019 Sample Proclamation WHEREAS, Washington's 39 counties serving more than 7 million residents provide essential services to create healthy, safe and vibrant communities; and WHEREAS, counties provide health services, administer justice, keep communities safe, foster economic opportunities and much more; and WHEREAS, [INSERT YOUR COUNTY'S NAME] and all counties take pride in our responsibility to protect and enhance the health, welfare and safety of our residents in efficient and cost- effective ways; and WHEREAS, through the Washington State Association of Counties and the National Association of Counties across the nation, counties will be demonstrating how counties deliver services to our residents nationwide; and WHEREAS, each year since 1991 the Washington State Association of Counties and the National Association of Counties has encouraged counties across the country to elevate awareness of county responsibilities, programs and services; and WHEREAS, [INSERT COUNTY SPECIFIC INFO TO HIGHLIGHT]' — —_. _........ NOW,THEREFORE, BE IT RESOLVED THAT, [INSERTYOUR COUNTY'S NAME AND BOARD], do hereby proclaim April 2019 as National County Government Month and encourage all county officials, employees, schools and residents to participate in county government celebration activities. FOR MORE INFORMATION, PLEASE CONTACT. Derek Anderson Director, Communications & Member Services Washington State Association of Counties 360.489.30201 danderson(cDwsac.org www.wsac.orp MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Diane Zoren DEPARTMENT: Support Services EXT: 747 BRIEFING DATE: April 1, 2019 PREVIOUS BRIEFING DATES: (If this is a follow-up briefing, please provide only new information ITEM: News release soliciting for interested parties to serve on Mason County Cemetery District 1 Board of Commissioners. EXECUTIVE SUMMARY Auditor Paddy McGuire notified the Commissioners' office that Cemetery District 1 has failed to fill the vacancy on their Board and pursuant to RCW 42.12.070(4) the county governing body"shall appoint a qualified person to fill the vacancy". BUDGET IMPACTS: Staff time to complete the task. RECOMMENDED OR REQUESTED ACTION: Place the news release on the April 9 meeting agenda. Briefing Summary 3/26/2019 NEWS RELEASE April 9, 2019 MASON COUNTY COMMISSIONERS' OFFICE 411 N 5T" 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: Mason County Cemetery District 1 Commissioner Vacancy The Mason County Commissioners are seeking individuals interested in serving on the Mason County Cemetery District 1 Board of Commissioners. Cemetery District 1 manages the Twin Firs Cemetery located in Belfair, WA and the individual must be a resident in Cemetery District 1 boundaries. This is a volunteer position and the appointed person shall serve a 6—year term. For verification of eligibility, please contact the Mason County Auditor's Office, Elections, 427-9670 ext. 470. Please send your letter of interest to the Mason County Commissioners, 411 North 5tn Street, Shelton, WA 98584 or email to dlz(@co.mason.wa.us no later than May 10, 2019. BOARD OF MASON COUNTY COMMISSIONERS Kevin Shutty Sharon Trask Randy Neatherlin Chair Commissioner Commissioner cc: CMMRS Neatherlin, Shutty&Trask ON CoU� Clerk 411 N 5th Street PaddyMcGuire PO Box 400 Shelton,WA 98584 Mason County Auditor Phone(360)427-9670 Fax(360)427-1753 9r1DITO February 27, 2019 RECEIPJEU FEB 27 2019 The Honorable Kevin Shutty, Chair Mason County Board of Mason County Commissioners Co gMissioners 411 N. 5th Street Shelton, WA 98584 Dear Mr. Chairman, There has been a vacancy on the board of Cemetery District 1 for some time. This letter shall serve as notice under RCW 42.12.070 (4)that the District has failed to fill the vacancy and the county governing body"shall appoint a qualified person to fill the vacancy." I am enclosing a map of the District, a list of the precincts in the District, and the relevant statute. Your appointee must reside in the District. My office stands ready to assist in any manner. I am, Sincerely yours, Paddy McGuire Auditor Enclosures RC W 42.11..010: Pilling nonpartisan vacancies. i aru 1 vi i RCW 42.12.070 Filling nonpartisan vacancies. A vacancy on an elected nonpartisan governing body of a special purpose district where property ownership is not a qualification to vote, a town, or a city other than a first-class city or a charter code city, shall be filled as follows unless the provisions of law relating to the special district, town, or city provide otherwise: (1) Where one position is vacant, the remaining members of the governing body shall appoint a qualified person to fill the vacant position. (2) Where two or more positions are vacant and two or more members of the governing body remain in office, the remaining members of the governing body shall appoint a qualified person to fill one of the vacant positions, the remaining members of the governing body and the newly appointed person shall appoint another qualified person to fill another vacant position, and so on until each of the vacant positions is filled with each of the new appointees participating in each appointment that is made after his or her appointment. (3) If less than two members of a governing body remain in office, the county legislative authority of the county in which all or the largest geographic portion of the city, town, or special district is located shall appoint a qualified person or persons to the governing body until the governing body has two members. (4) If a governing body fails to appoint a qualified person to fill a vacancy within ninety days of the occurrence of the vacancy, the authority of the governing body to fill the vacancy shall cease and the county legislative authority of the county in which all or the largest geographic portion of the city, town, or special district is located shall appoint a qualified person to fill the vacancy. (5) If the county legislative authority of the county fails to appoint a qualified person within one hundred eighty days of the occurrence of the vacancy, the county legislative authority or the remaining members of the governing body of the city, town, or special district may petition the governor to appoint a qualified person to fill the vacancy. The governor may appoint a qualified person to fill the vacancy after being petitioned if at the time the governor fills the vacancy the county legislative authority has not appointed a qualified person to fill the vacancy. (6) As provided in chapter 29A.24 RCW, each person who is appointed shall serve until a qualified person is elected at the next election at which a member of the governing body normally would be elected. The person elected shall take office immediately and serve the remainder of the unexpired term. [ 2013 c 11 § 89; 2011 c 349 § 28; 1994 c 223 § 1.] NOTES: Effective date-2011 c 349 §§ 10-12, 27, 28, and 30: See note following RCW 29A.24.171. https:Happ.leg.wa.gov/RCW/default.aspx?cite=42.12.070 2/25/2019 X229-10 e- ti 122-7 } • .. W . e , • 122-4 -v � r� t Z/v GO ANCH RD • AIT, 122-1 PugetSound ,• - ��► R "t GO .• ` ,,, _� 125-9 �'• ' .227 r2 • 116-6 227-3 y.� District To Precinct XRef 10` Precinct Set Used: 2013 Re-Apportionment(Active Set) District: CE001-0 Official Districts Cemetery Dist 1 C E001 119-11 VICTOR 119-12 VICTOR 119-2 VICTOR 119-3 VICTOR 119-4 VICTOR 119-5 VICTOR 119-6 VICTOR 119-7 VICTOR 119-8 VICTOR 119-9 VICTOR 120 BELFAIR 121-2 TIGER LAKE 121-4 TIGER LAKE 121-5 TIGER LAKE 121-6 TIGER LAKE 121-7 TIGER LAKE 122-5 DEWATTO 123-2 TAHUYA 123-3 TAHUYA 123-5 TAHUYA 123-6 TAHUYA 124 SAND HILL 125-12 TRAILS END 125-5 TRAILS END 125-6 TRAILS END 125-7 TRAILS END 125-8 TRAILS END 126-4 TWANOH 126-6 TWANOH 126-8 TWANOH ----------------------- 2 Precincts 28 Portion Precincts PDMR001 -District To Precinct XRef Page 1 of 1 Printed: 02/25/2019 3:31:31 PM Authentisign ID:51308478.84CF-4F1C-8091-3C9395A73CD0 Form 34 ©Copyright 2010 Addendum/Amendment to P&S Northwest Multiple Listing Service Rev.7/10 ALL RIGHTS RESERVED Page 1 of 1 ADDENDUM/AMENDMENT TO PURCHASE AND SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated December 19,2018 1 between Peggy L.Merriam ("Buyer")2 Buyer Buyer and Mason County ("Seller")3 Seller Seller concerning 0-xxx Bucktail View Belfair WA 98528 (the "Property").4 Address city State Zip IT IS AGREED BETWEEN THE SELLER AND BUYER AS FOLLOWS: 5 The purchase price shall be One Hundred twenty five thousand dollars ($125,000) . 6 7 Buyer hereby waives feasibility contingency and is ready to proceed with closing. 8 9 The closing date shall be on or before April 5,2019. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 ALL OTHER TERMS AND CONDITIONS of said Agreement remain unchanged. 31 IYMI 03/22/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Frank Pinter DEPARTMENT: Support Services EXT: 589 BRIEFING DATE: April 1, 2019 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEM: An offer to purchase has been made on the following parcel: 32232-52-08021. This is a vacant parcel located off E. Port Townsend Street in Union. EXECUTIVE SUMMARY(If applicable, please include available options and potential solutions): Declared Surplus Resolution #71-14 2018 Assessed Value: $38,435 Current offer: $11,500 Contingencies: 22D (Optional Clauses), 22EF(Funds Evidence), 22T (Title Contingency), 31(Earnest Money Note), 35F (Feasibility) OPTIONS: Accept offer and set public hearing in order to sell property Counter offer Refuse offer ATTACHMENTS: Detail Report Purchase and Sale Agreement Resolution 71-14 Briefmg Summary 3/27/2019 Richard Beckman Vacant Land Agent Detail Report Page 1 of 1 Listing# 1409947 xxx E Port Townsend St,Union 98592 STAT: Active LP: $15,000 County: Mason LT: 21-28 BLK: 8 CMTY: South Shore PRJ: Union Grays Harbor Type: Vacant Land CDOM: 43 AR: 173 TAX: 322325208021 OLP: $15,000 ►;" MAP: GRD: Internet: Yes " DD: McReavy Rd,West on 5th St,South FIN: on Port Townsend.Just past county park, LD: 02/08/2019 unmarked access rd on the left.Subject is XD: 10/16/2019 approximately 100'down access rd on the OMD: left. LAG: Richard Beckman(55681) PH: (360)790-1921 FAX: (360)426-1645 PH Type: Cellular LO: Richard Beckman Realty Group(4537) PH: (360)426-5521 SOC: 4 Cmnts: CLA: PH: ZJD: County SKS: No CLO: PTO: Yes F17: Not Provided ZNR: RR2.5 QTR/SEC: 32223 OTVP: OWN: Mason County GZC: Residential OPH: (360)427-9670 CAD: Shelton,WA POS: Closing TX$: TXY: 2018 SNR: No ATF: TRM: Cash Out,Conventional TER: STY: 40-Res-Less thn 1 Ac WRJ: Right of First Refusal: No ACR: 0.600 LSF: 26,136 LSZ: 110x199 WFG: DOC: WFT: LDE: VEW: Territorial HOA: RD: RDI: See Remarks IMP: FTR: Brush,Evergreens TPO: Level SLP: LVL: Community Features: WTR: Unknown SFA: No ESM: GAS: Not Available STD: SUR: ELE: In Street SDA: No SST: SWR: Not Available SDI: No SDD: SDX: SD: Pioneer#402 EL: Pioneer Primary S& JH: Pioneer Intermed/Mid SH: Shelton High 3rd Party Aprvl Req: None Bank/REO Owned Y/N: No Agent Only Remarks: Possibly acquired through tax foreclosure.May be subject to redemption.Title insurance may not be available and title maybe transferred with a bargain and sale deed.Buyer shall pay for title insurance. Buyer to verify access. Marketing Remarks: This 0.6 acre property is near the Union Community Park.Minutes to Hood Canal,Alderbrook Golf and Alderbrook Resort. Realist Tax Tax ID: 3-22-32-52-08021 Tax Year: Ann Tax: Address: Townshp: 1 404 P1 F6 L H P County: Mason FipsStCd: 53045 Sub-d: Owner: Mason County Surplus Property Assess Imp: $9,775 Assess Ttl: $38,175 Assess Year: 2017 Land As: $28,400 Lot Depth: Lot Front: Lot SF: 26,136 Water: Sewer: Information Deemed Reliable But Cannot Be Guaranteed. Lot Sizes and Square Footage Are Estimates. 03/23/2019- 8:32PM Authentlslgn to:BOUOUM2801 iE FAU pE/Mqk Form 25 IV ©Copyright 2017 Vacant Land Purchase&Sale Northwest Multiple Listing Service Rev.2/17 VACANT LAND PURCHASE AND SALE AGREEMENT ALL RIGHTS RESERVED Page 1 of 5 03/23/2019 SPECIFIC TERMS �.*] 1. Date: March 11,2019 MLS No.: 1409947 Offer Expiration Date: o29— 3/26/19 2. Buyer: Joseph J Wilson An unmarried person Buyer Buyer Status 3. Seller: Mason County Seller Seller 4. Property: Legal Description attached as Exhibit A. Tax Parcel No(s).: 322325208021 0-XXX E Port Townsend Street Union Mason WA 98592 Address City County State Zip 5. Purchase Price: $ 11,500.00 Eleven Thousand Five Hundred Dollars 6. Earnest Money: $ 500.00 ❑ Check; d Note; ❑ Other (held by ❑Selling Firm; 16 Closing Agent) 7. Default: (check only one) 9 Forfeiture of Earnest Money; ❑ Seller's Election of Remedies 8. Title Insurance Company: Olympic Title and Escrow 9. Closing Agent: Olympic Title and Escrow Sue Baldy C03/23/2019 Company Individual(optional) ` 4/19/19 10. Closing Date: "��9' ; Possession Date: ®on Closing; ❑ Other 11. Services of Closing Agent for Payment of Utilities: ❑ Requested(attach NWMLS Form 22K); Q Waived 12. Charges/Assessments Levied Before but Due After Closing: ❑assumed by Buyer; id prepaid in full by Seller at Closing 13. Seller Citizenship(FIRPTA): Seller❑ is; ❑ is not a foreign person for purposes of U.S. income taxation 14. Subdivision:The Property: ❑must be subdivided before If is not required to be subdivided 15. Feasibility Contingency Expiration Date: Id 20 days after mutual acceptance; ❑ Other 16. Agency Disclosure: Selling Broker represents: Od Buyer; ❑ Seller; ❑ both parties, ❑ neither party Listing Broker represents: Ud Seller; ❑ both parties 17. Addenda: 22D(Optional Clauses) 22EF(Funds Evidence) 22T(Title Contingency) 31(Earnest Money Note) 35F(Feasibility) Authenfiw,, (f 03/23/2019 6t6 `z 6MzzIEKll��J� uyyeA Signature Date Seller's Signature Date 3/23d2019 2:64:39 PM PDT g Buyer's Signature Date Seller's Signature Date Buyer's Address Seller's Address City,State,Zip City,State,Zip (360)509-0443 (360)427-9670 Phone No. Fax No. Phone No. Fax No. jwspeedy68@gmail.com Buyer's E-mail Address Seller's E-mail Address RE/MAX Top Executives 9971 Richard Beckman Realty Group 4537 Selling Firm MLS Office No. Listing Firm MLS Office No. Jeremy Morse 115627 Richard Beckman 55681 Selling Broker(Print) MLS LAG No. Listing Broker(Print) MLS LAG No. (360)427-6117 (360)490-3215 (360)432-0103 (360)426-5521 (360)790-1921 (360)426-1645 Firm Phone No. Broker Phone No. Firm Fax No. Firm Phone No. Broker Phone No. Firm Fax No. ABarneshomes@gmail.com mail@RichardBeckman.com Selling Firm Document E-mail Address Listing Firm Document E-mail Address Jeremy@JeremySelIsRealty.com richard@richardbeckman.com Selling Broker's E-mail Address Listing Broker's E-mail Address 131168 18204 98421 9628 Selling Broker DOL License No. Selling Firm DOL License No. Listing Broker DOL License No. Listing Firm DOL License No. Authentislgn ID:Q99aM R2MWA3t3FAR{B Form 25 ©Copyright 2017 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.2/17 ALL RIGHTS RESERVED Page 2 of 5 GENERAL TERMS Continued a. Purchase Price. Buyer shall pay to Seller the Purchase Price, including the Earnest Money, in cash at Closing, unless 1 otherwise specified in this Agreement. Buyer represents that Buyer has sufficient funds to close this sale in accordance 2 with this Agreement and is not relying on any contingent source of funds, including funds from loans, the sale of other 3 property, gifts, retirement, or future earnings, except to the extent otherwise specified in this Agreement. 4 b. Earnest Money. Buyer shall deliver the Earnest Money within 2 days after mutual acceptance to Selling Broker or to 5 Closing Agent. If Buyer delivers the Earnest Money to Selling Broker, Selling Broker will deposit any check to be held by 6 Selling Firm, or deliver any Earnest Money to be held by Closing Agent, within 3 days of receipt or mutual acceptance, 7 whichever occurs later. If the Earnest Money is held by Selling Firm and is over$10,000.00 it shall be deposited into an 8 interest bearing trust account in Selling Firm's name provided that Buyer completes an IRS Form W-9. Interest, if any, 9 after deduction of bank charges and fees, will be paid to Buyer. Buyer shall reimburse Selling Firm for bank charges 10 and fees in excess of the interest earned, if any. If the Earnest Money held by Selling Firm is over $10,000.00 Buyer 11 has the option to require Selling Firm to deposit the Earnest Money into the Housing Trust Fund Account, with the 12 interest paid to the State Treasurer, if both Seller and Buyer so agree in writing. If the Buyer does not complete an IRS 13 Form W-9 before Selling Firm must deposit the Earnest Money or the Earnest Money is $10,000.00 or less, the Earnest 14 Money shall be deposited into the Housing Trust Fund Account. Selling Firm may transfer the Earnest Money to Closing 15 Agent at Closing. If all or part of the Earnest Money is to be refunded to Buyer and any such costs remain unpaid, the 16 Selling Firm or Closing Agent may deduct and pay them therefrom. The parties instruct Closing Agent to provide written 17 verification of receipt of the Earnest Money and notice of dishonor of any check to the parties and Brokers at the 18 addresses and/or fax numbers provided herein. 19 Upon termination of this Agreement, a party or the Closing Agent may deliver a form authorizing the release of Earnest 20 Money to the other party or the parties. The party(s) shall execute such form and deliver the same to the Closing Agent. 21 If either party fails to execute the release form, a party may make a written demand to the Closing Agent for the Earnest 22 Money. Pursuant to RCW 64.04, Closing Agent shall deliver notice of the demand to the other party within 15 days. If 23 the other party does not object to the demand within 20 days of Closing Agent's notice, Closing Agent shall disburse the 24 Earnest Money to the party making the demand within 10 days of the expiration of the 20 day period. If Closing Agent 25 timely receives an objection or an inconsistent demand from the other party, Closing Agent shall commence an 26 interpleader action within 60 days of such objection or inconsistent demand, unless the parties provide subsequent 27 consistent instructions to Closing Agent to disburse the earnest money or refrain from commencing an interpleader 28 action for a specified period of time. Pursuant to RCW 4.28.080, the parties consent to service of the summons and 29 complaint for an interpleader action by first class mail, postage prepaid at the party's usual mailing address or the 30 address identified in this Agreement. If the Closing Agent complies with the preceding process, each party shall be 31 deemed to have released Closing Agent from any and all claims or liability related to the disbursal of the Earnest 32 Money. If either party fails to authorize the release of the Earnest Money to the other party when required to do so 33 under this Agreement, that party shall be in breach of this Agreement. For the purposes of this section, the term Closing 34 Agent includes a Selling Firm holding the Earnest Money. The parties authorize the party commencing an interpleader 35 action to deduct up to$500.00 for the costs thereof. 36 c. Condition of Title. Unless otherwise specified in this Agreement, title to the Property shall be marketable at Closing. 37 The following shall not cause the title to be unmarketable: rights, reservations, covenants, conditions and restrictions, 38 presently of record and general to the area; easements and encroachments, not materially affecting the value of or 39 unduly interfering with Buyer's reasonable use of the Property; and reserved oil and/or mining rights. Monetary 40 encumbrances or liens not assumed by Buyer, shall be paid or discharged by Seller on or before Closing. Title shall be 41 conveyed by a Statutory Warranty Deed. If this Agreement is for conveyance of a buyer's interest in a Real Estate 42 Contract, the Statutory Warranty Deed shall include a buyer's assignment of the contract sufficient to convey after 43 acquired title. If the Property has been short platted,the Short Plat number is in the Legal Description. 44 d. Title Insurance. Seller authorizes Buyer's lender or Closing Agent, at Seller's expense, to apply for the then-current 45 ALTA form of standard form owner's policy of title insurance from the Title Insurance Company. If Seller previously 46 received a preliminary commitment from a Title Insurance Company that Buyer declines to use, Buyer shall pay any 47 cancellation fees owing to the original Title Insurance Company. Otherwise, the party applying for title insurance shall 48 pay any title cancellation fee, in the event such a fee is assessed. The Title Insurance Company shall send a copy of 49 the preliminary commitment to Seller, Listing Broker, Buyer and Selling Broker. The preliminary commitment, and the 50 title policy to be issued, shall contain no exceptions other than the General Exclusions and Exceptions in said standard 51 form and Special Exceptions consistent with the Condition of Title herein provided. If title cannot be made so insurable 52 prior to the Closing Date, then as Buyer's sole and exclusive remedy, the Earnest Money shall, unless Buyer elects to 53 waive such defects or encumbrances, be refunded to the Buyer, less any unpaid costs described in this Agreement, and 54 this Agreement shall thereupon be terminated. Buyer shall have no right to specific performance or damages as a 55 consequence of Seller's inability to provide insurable title. 56 e. Closing and Possession. This sale shall be closed by the Closing Agent on the Closing Date. "Closing" means the 57 date on which all documents are recorded and the sale proceeds are available to Seller. If the Closing Date falls on a 58 Saturday, Sunday, legal holiday as defined in RCW 1.16.050, or day when the county recording office is closed, the 59 nosi Agent shall close the transaction on the next day that is not a Saturday, Sunday, legal holiday, or day when the 60 03!23/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentislgn ID:BBBMMGMWa EFFAR{8 Form 25 ©Copyright 2017 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.2/17 ALL RIGHTS RESERVED Page 3 of 5 GENERAL TERMS Continued county recording office is closed. Buyer shall be entitled to possession at 9:00 p.m. on the Possession Date. Seller shall 61 maintain the Property in its present condition, normal wear and tear excepted, until the Buyer is entitled to possession. 62 Buyer reserves the right to walk through the Property within 5 days of Closing to verify that Seller has maintained the 63 Property as required by this paragraph. Seller shall not enter into or modify existing leases or rental agreements, 64 service contracts, or other agreements affecting the Property which have terms extending beyond Closing without first 65 obtaining Buyer's consent, which shall not be unreasonably withheld. 66 f. Section 1031 Like-Kind Exchange. If either Buyer or Seller intends for this transaction to be a part of a Section 1031 67 like-kind exchange, then the other party shall cooperate in the completion of the like-kind exchange so long as the 68 cooperating party incurs no additional liability in doing so, and so long as any expenses (including attorneys' fees and 69 costs) incurred by the cooperating party that are related only to the exchange are paid or reimbursed to the cooperating 70 party at or prior to Closing. Notwithstanding the Assignment paragraph of this Agreement, any party completing a 71 Section 1031 like-kind exchange may assign this Agreement to its qualified intermediary or any entity set up for the 72 purposes of completing a reverse exchange. 73 g. Closing Costs and Prorations and Charges and Assessments. Seller and Buyer shall each pay one-half of the 74 escrow fee unless otherwise required by applicable FHA or VA regulations. Taxes for the current year, rent, interest, 75 and lienable homeowner's association dues shall be prorated as of Closing. Buyer shall pay Buyer's loan costs, 76 including credit report, appraisal charge and lender's title insurance, unless provided otherwise in this Agreement. If any 77 payments are delinquent on encumbrances which will remain after Closing, Closing Agent is instructed to pay such 78 delinquencies at Closing from money due, or to be paid by, Seller. Buyer shall pay for remaining fuel in the fuel tank if, 79 prior to Closing, Seller obtains a written statement from the supplier as to the quantity and current price and provides 80 such statement to the Closing Agent. Seller shall pay all utility charges, including unbilled charges. Unless waived in 81 Specific Term No. 11, Seller and Buyer request the services of Closing Agent in disbursing funds necessary to satisfy 82 unpaid utility charges in accordance with RCW 60.80 and Seller shall provide the names and addresses of all utilities 83 providing service to the Property and having lien rights (attach NWMLS Form 22K Identification of Utilities or 84 equivalent). 85 Buyer is advised to verify the existence and amount of any local improvement district, capacity or impact charges or 86 other assessments that may be charged against the Property before or after Closing. Seller will pay such charges that 87 are or become due on or before Closing. Charges levied before Closing, but becoming due after Closing shall be paid 88 as agreed in Specific Term No.12. 89 h. Sale Information. Listing Broker and Selling Broker are authorized to report this Agreement (including price and all 90 terms) to the Multiple Listing Service that published it and to its members, financing institutions, appraisers, and anyone 91 else related to this sale. Buyer and Seller expressly authorize all Closing Agents, appraisers, title insurance companies, 92 and others related to this Sale, to furnish the Listing Broker and/or Selling Broker, on request, any and all information 93 and copies of documents concerning this sale. 94 i. Seller Citizenship and FIRPTA. Seller warrants that the identification of Seller's citizenship status for purposes of U.S. 95 income taxation in Specific Term No. 13 is correct. Seller shall execute a certification (NWMLS Form 22E or equivalent) 96 under the Foreign Investment In Real Property Tax Act("FIRPTA") at Closing and provide the certification to the Closing 97 Agent. If Seller is a foreign person for purposes of U.S. income taxation, and this transaction is not otherwise exempt 98 from FIRPTA, Closing Agent is instructed to withhold and pay the required amount to the Internal Revenue Service. 99 j. Notices and Delivery of Documents. Any notice related to this Agreement (including revocations of offers or 100 counteroffers) must be in writing. Notices to Seller must be signed by at least one Buyer and shall be deemed delivered 101 only when the notice is received by Seller, by Listing Broker, or at the licensed office of Listing Broker. Notices to Buyer 102 must be signed by at least one Seller and shall be deemed delivered only when the notice is received by Buyer, by 103 Selling Broker, or at the licensed office of Selling Broker. Documents related to this Agreement, such as NWMLS Form 104 17C, Information on Lead-Based Paint and Lead-Based Paint Hazards, Public Offering Statement or Resale Certificate, 105 and all other documents shall be delivered pursuant to this paragraph. Buyer and Seller must keep Selling Broker and 106 Listing Broker advised of their whereabouts in order to receive prompt notification of receipt of a notice. 107 Facsimile transmission of any notice or document shall constitute delivery. E-mail transmission of any notice or 108 document(or a direct link to such notice or document)shall constitute delivery when: (i)the e-mail is sent to both Selling 109 Broker and Selling Firm or both Listing Broker and Listing Firm at the e-mail addresses specified on page one of this 110 Agreement; or(ii) Selling Broker or Listing Broker provide written acknowledgment of receipt of the e-mail (an automatic 111 e-mail reply does not constitute written acknowledgment). At the request of either party, or the Closing Agent, the 112 parties will confirm facsimile or e-mail transmitted signatures by signing an original document. 113 k. Computation of Time. Unless otherwise specified in this Agreement, any period of time measured in days and stated 114 in this Agreement shall start on the day following the event commencing the period and shall expire at 9:00 p.m. of the 115 last calendar day of the specified period of time. Except for the Possession Date, if the last day is a Saturday, Sunday 116 lega holiday as defined in RCW 1.16.050, the specified period of time shall expire on the next day that is not a 117 y, Sunday or legal holiday. Any specified period of 5 days or less, except for any time period relating to the 118 03/23/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentlslgn ID:69WaM M 2EXF"EETAR6B Form 25 ©Copyright 2017 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.2/17 ALL RIGHTS RESERVED Page 4 of 5 GENERAL TERMS Continued Possesion Date, shall not include Saturdays, Sundays or legal holidays. If the parties agree that an event will occur on a 119 specific calendar date, the event shall occur on that date, except for the Closing Date, which, if it falls on a Saturday, 120 Sunday, legal holiday as defined in RCW 1.16.050, or day when the county recording office is closed, shall occur on the 121 next day that is not a Saturday, Sunday, legal holiday, or day when the county recording office is closed. If the parties 122 agree upon and attach a legal description after this Agreement is signed by the offeree and delivered to the offeror,then 123 for the purposes of computing time, mutual acceptance shall be deemed to be on the date of delivery of an accepted 124 offer or counteroffer to the offeror, rather than on the date the legal description is attached. Time is of the essence of 125 this Agreement. 126 I. Integration and Electronic Signatures.This Agreement constitutes the entire understanding between the parties and 127 supersedes all prior or contemporaneous understandings and representations. No modification of this Agreement shall 128 be effective unless agreed in writing and signed by Buyer and Seller. The parties acknowledge that a signature in 129 electronic form has the same legal effect and validity as a handwritten signature. 130 m. Assignment. Buyer may not assign this Agreement, or Buyer's rights hereunder, without Seller's prior written consent, 131 unless the parties indicate that assignment is permitted by the addition of "and/or assigns" on the line identifying the 132 Buyer on the first page of this Agreement. 133 n. Default. In the event Buyer fails, without legal excuse, to complete the purchase of the Property, then the following 134 provision, as identified in Specific Term No. 7, shall apply: 135 i. Forfeiture of Earnest Money. That portion of the Earnest Money that does not exceed five percent (5%) of the 136 Purchase Price shall be forfeited to the Seller as the sole and exclusive remedy available to Seller for such failure. 137 ii. Seller's Election of Remedies. Seller may, at Seller's option, (a) keep the Earnest Money as liquidated damages 138 as the sole and exclusive remedy available to Seller for such failure, (b) bring suit against Buyer for Seller's actual 139 damages, (c) bring suit to specifically enforce this Agreement and recover any incidental damages, or (d) pursue 140 any other rights or remedies available at law or equity. 141 o. Professional Advice and Attorneys' Fees. Buyer and Seller are advised to seek the counsel of an attorney and a 142 certified public accountant to review the terms of this Agreement. Buyer and Seller shall pay their own fees incurred for 143 such review. However, if Buyer or Seller institutes suit against the other concerning this Agreement the prevailing party 144 is entitled to reasonable attorneys'fees and expenses. 145 p. Offer. Buyer shall purchase the Property under the terms and conditions of this Agreement. Seller shall have until 9:00 146 p.m. on the Offer Expiration Date to accept this offer, unless sooner withdrawn. Acceptance shall not be effective until a 147 signed copy is received by Buyer, by Selling Broker or at the licensed office of Selling Broker. If this offer is not so 148 accepted, it shall lapse and any Earnest Money shall be refunded to Buyer. 149 q. Counteroffer. Any change in the terms presented in an offer or counteroffer, other than the insertion of or change to 150 Seller's name and Seller's warranty of citizenship status, shall be considered a counteroffer. If a party makes a 151 counteroffer, then the other party shall have until 9:00 p.m. on the counteroffer expiration date to accept that 152 counteroffer, unless sooner withdrawn. Acceptance shall not be effective until a signed copy is received by the other 153 party, the other party's broker, or at the licensed office of the other party's broker. If the counteroffer is not so accepted, 154 it shall lapse and any Earnest Money shall be refunded to Buyer. 155 r. Offer and Counteroffer Expiration Date. If no expiration date is specified for an offer/counteroffer, the 156 offer/counteroffer shall expire 2 days after the offer/counteroffer is delivered by the party making the offer/counteroffer, 157 unless sooner withdrawn. 158 s. Agency Disclosure. Selling Firm, Selling Firm's Designated Broker, Selling Broker's Branch Manager (if any) and 159 Selling Broker's Managing Broker (if any) represent the same party that Selling Broker represents. Listing Firm, Listing 160 Firm's Designated Broker, Listing Broker's Branch Manager (if any), and Listing Broker's Managing Broker (if any) 161 represent the same party that the Listing Broker represents. If Selling Broker and Listing Broker are different persons 162 affiliated with the same Firm, then both Buyer and Seller confirm their consent to Designated Broker, Branch Manager 163 (if any), and Managing Broker(if any) representing both parties as dual agents. If Selling Broker and Listing Broker are 164 the same person representing both parties then both Buyer and Seller confirm their consent to that person and his/her 165 Designated Broker, Branch Manager(if any), and Managing Broker(if any) representing both parties as dual agents. All 166 parties acknowledge receipt of the pamphlet entitled"The Law of Real Estate Agency." 167 t. Commission. Seller and Buyer shall pay a commission in accordance with any listing or commission agreement to 168 which they are a party. The Listing Firm's commission shall be apportioned between Listing Firm and Selling Firm as 169 specified in the listing. Seller and Buyer hereby consent to Listing Firm or Selling Firm receiving compensation from 170 more than one party. Seller and Buyer hereby assign to Listing Firm and Selling Firm, as applicable, a portion of their 171 funds in escrow equal to such commission(s) and irrevocably instruct the Closing Agent to disburse the commission(s) 172 dirto the Firm(s). In any action by Listing or Selling Firm to enforce this paragraph, the prevailing party is entitled to 173 I—Wectly 1 03/23/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentlslgn ID:990a1 2ROW9WWAQ{BQ Form 25 ©Copyright 2017 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.2/17 ALL RIGHTS RESERVED Page 5 of 5 GENERAL TERMS Continued court costs and reasonable attorneys' fees. Seller and Buyer agree that the Firms are intended third party beneficiaries 174 under this Agreement. 175 u. Feasibility Contingency. It is the Buyer's responsibility to verify before the Feasibility Contingency Expiration Date 176 identified in Specific Term No.15 whether or not the Property can be platted, developed and/or built on (now or in the 177 future) and what it will cost to do this. Buyer should not rely on any oral statements concerning this made by the Seller, 178 Listing Broker or Selling Broker. Buyer should inquire at the city or county, and water, sewer or other special districts in 179 which the Property is located. Buyer's inquiry should include, but not be limited to: building or development moratoriums 180 applicable to or being considered for the Property; any special building requirements, including setbacks, height limits or 181 restrictions on where buildings may be constructed on the Property; whether the Property is affected by a flood zone, 182 wetlands, shorelands or other environmentally sensitive area; road, school, fire and any other growth mitigation or 183 impact fees that must be paid; the procedure and length of time necessary to obtain plat approval and/or a building 184 permit; sufficient water, sewer and utility and any service connection charges; and all other charges that must be paid. 185 Buyer and Buyer's agents, representatives, consultants, architects and engineers shall have the right, from time to time 186 during and after the feasibility contingency, to enter onto the Property and to conduct any tests or studies that Buyer 187 may need to ascertain the condition and suitability of the Property for Buyer's intended purpose. Buyer shall restore the 188 Property and all improvements on the Property to the same condition they were in prior to the inspection. Buyer shall be 189 responsible for all damages resulting from any inspection of the Property performed on Buyer's behalf. If the Buyer does 190 not give notice to the contrary on or before the Feasibility Contingency Expiration Date identified in Specific Term No. 191 15, it shall be conclusively deemed that Buyer is satisfied as to development and/or construction feasibility and cost. If 192 Buyer gives notice this Agreement shall terminate and the Earnest Money shall be refunded to Buyer, less any unpaid 193 costs. 194 Seller shall cooperate with Buyer in obtaining permits or other approvals Buyer may reasonably require for Buyer's 195 intended use of the Property; provided that Seller shall not be required to incur any liability or expenses in doing so. 196 v. Subdivision. If the Property must be subdivided, Seller represents that there has been preliminary plat approval for the 197 Property and this Agreement is conditioned on the recording of the final plat containing the Property on or before the 198 date specified in Specific Term No. 14. If the final plat is not recorded by such date, this Agreement shall terminate and 199 the Earnest Money shall be refunded to Buyer. 200 w. Information Verification Period. Buyer shall have 10 days after mutual acceptance to verify all information provided 201 from Seller or Listing Firm related to the Property. This contingency shall be deemed satisfied unless Buyer gives notice 202 identifying the materially inaccurate information within 10 days of mutual acceptance. If Buyer gives timely notice under 203 this section, then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. 204 x. Property Condition Disclaimer. Buyer and Seller agree,that except as provided in this Agreement, all representations 205 and information regarding the Property and the transaction are solely from the Seller or Buyer, and not from any Broker. 206 The parties acknowledge that the Brokers are not responsible for assuring that the parties perform their obligations 207 under this Agreement and that none of the Brokers has agreed to independently investigate or confirm any matter 208 related to this transaction except as stated in this Agreement, or in a separate writing signed by such Broker. In 209 addition, Brokers do not guarantee the value, quality or condition of the Property and some properties may contain 210 building materials, including siding, roofing, ceiling, insulation, electrical, and plumbing, that have been the subject of 211 lawsuits and/or governmental inquiry because of possible defects or health hazards. Some properties may have other 212 defects arising after construction, such as drainage, leakage, pest, rot and mold problems. Brokers do not have the 213 expertise to identify or assess defective products, materials, or conditions. Buyer is urged to use due diligence to 214 inspect the Property to Buyer's satisfaction and to retain inspectors qualified to identify the presence of defective 215 materials and evaluate the condition of the Property as there may be defects that may only be revealed by careful 216 inspection. Buyer is advised to investigate whether there is a sufficient water supply to meet Buyer's needs. Buyer is 217 advised to investigate the cost of insurance for the Property, including, but not limited to homeowner's, flood, 218 earthquake, landslide, and other available coverage. Brokers may assist the parties with locating and selecting third 219 party service providers, such as inspectors or contractors, but Brokers cannot guarantee or be responsible for the 220 services provided by those third parties. The parties shall exercise their own judgment and due diligence regarding 221 third-party service providers. 222 1—* 1 03/23/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentislgn ID:BOMOXK 1R�e03IEFFMGB RE/MA\ Form 22D ©Copyright 2017 Optional Clauses Addendum Northwest Multiple Listing Service Rev.2/17 OPTIONAL CLAUSES ADDENDUM TO ALL RIGHTS RESERVED Page 1 of 2 PURCHASE & SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated March 11,2019 1 between Joseph J Wilson ("Buyer") 2 Buyer Buyer and Mason County ("Seller") 3 Seller Seller concerning 0-xxx E Port Townsend Street Union WA 98592 (the"Property"). 4 Address City State Zip CHECK IF INCLUDED: 5 1. Ild Square Footage/Lot Size/Encroachments. The Listing Broker and Selling Broker make no representations 6 concerning: (a)the lot size or the accuracy of any information provided by the Seller; (b)the square footage of 7 any improvements on the Property; (c)whether there are any encroachments (fences, rockeries, buildings) on 8 the Property, or by the Property on adjacent properties. Buyer is advised to verify lot size, square footage and 9 encroachments to Buyer's own satisfaction. 10 2. Title Insurance. The Title Insurance clause in the Agreement provides Seller is to provide the then-current ALTA 11 form of Homeowner's Policy of Title Insurance. The parties have the option to provide less coverage by selecting 12 a Standard Owner's Policy or more coverage by selecting an Extended Coverage Policy: 13 ❑ Standard Owner's Coverage. Seller authorizes Buyer's lender or Closing Agent, at Seller's expense, to 14 apply for the then-current ALTA form of Owner's Policy of Title Insurance, together with homeowner's 15 additional protection and inflation protection endorsements, if available at no additional cost, rather than 16 the Homeowner's Policy of Title Insurance. 17 ❑ Extended Coverage. Seller authorizes Buyer's lender or Closing Agent, at Seller's expense to apply for 18 an ALTA or comparable Extended Coverage Policy of Title Insurance, rather than the Homeowner's 19 Policy of Title Insurance. Buyer shall pay the increased costs associated with the Extended Coverage 20 Policy, including the excess premium over that charged for Homeowner's Policy of Title Insurance and 21 the cost of any survey required by the title insurer. 22 3. ❑ Seller Cleaning. Seller shall clean the interiors of any structures and remove all trash, debris and rubbish 23 from the Property prior to Buyer taking possession. 24 4. lid Personal Property. Unless otherwise agreed, Seller shall remove all personal property from the Property 25 prior to the Possession Date. Any personal property remaining on the Property thereafter shall become the 26 property of Buyer, and may be retained or disposed of as Buyer determines. 27 5. ❑ Utilities.To the best of Seller's knowledge, Seller represents that the Property is connected to a: 28 ❑ public water main; ❑ public sewer main; ❑ septic tank; ❑well (specify type) 29 ❑ irrigation water(specify provider) ; ❑ natural gas; ❑telephone; 30 ❑ cable; ❑ electricity; ❑ other . 31 6. ❑ Insulation - New Construction. If this is new construction, Federal Trade Commission Regulations require 32 the following to be filled in. If insulation has not yet been selected, FTC regulations require Seller to furnish 33 Buyer the information below in writing as soon as available: 34 WALL INSULATION: TYPE: THICKNESS: R-VALUE: 35 CEILING INSULATION: TYPE: THICKNESS: R-VALUE: 36 OTHER INSULATION DATA: 37 7. ❑ Leased Property Review Period and Assumption. Buyer acknowledges that Seller leases the following 38 items of personal property that are included with the sale: ❑ propane tank; ❑ security system; ❑ satellite 39 dish and operating equipment; LJother 40 1,* 1 03/23/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentlslgn ID:BOWME 2EMI&S1$FAOM Form 22D ©Copyright 2017 Optional Clauses Addendum Northwest Multiple Listing Service Rev.2/17 OPTIONAL CLAUSES ADDENDUM TO ALL RIGHTS RESERVED Page 2 of 2 PURCHASE &SALE AGREEMENT Continued Seller shall provide Buyer a copy of the lease for the selected items within days (5 days if not filled 41 in) of mutual acceptance. If Buyer, in Buyer's sole discretion, does not give notice of disapproval within 42 days (5 days if not filled in) of receipt of the lease(s) or the date that the lease(s) are due, whichever 43 is earlier, then this lease review period shall conclusively be deemed satisfied (waived) and at Closing, Buyer 44 shall assume the lease(s) for the selected item(s) and hold Seller harmless from and against any further 45 obligation, liability, or claim arising from the lease(s), if the lease(s) can be assumed. If Buyer gives timely 46 notice of disapproval, then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. 47 8. ❑ Homeowners' Association Review Period. If the Property is subject to a homeowners' association or any 48 other association, then Seller shall, at Seller's expense, provide Buyer a copy of the following documents (if 49 available from the Association)within days (10 days if not filled in)of mutual acceptance: 50 a. Association rules and regulations, including, but not limited to architectural guidelines; 51 b. Association bylaws and covenants, conditions, and restrictions(CC&Rs); 52 c. Association meeting minutes from the prior two (2)years; 53 d. Association Board of Directors meeting minutes from the prior six(6) months; and 54 e. Association financial statements from the prior two (2) years and current operating budget. 55 If Buyer, in Buyer's sole discretion, does not give notice of disapproval within days (5 days if not 56 filled in) of receipt of the above documents or the date that the above documents are due, whichever is 57 earlier, then this homeowners' association review period shall conclusively be deemed satisfied (waived). If 58 Buyer gives timely notice of disapproval, then this Agreement shall terminate and the Earnest Money shall be 59 refunded to Buyer. 60 9. ❑ Homeowners' Association Transfer Fee. If there is a transfer fee imposed by the homeowners' association 61 or any other association (e.g. a"move-in"or"move-out"fee), the fee shall be paid by the party as provided for 62 in the association documents. If the association documents do not provide which party pays the fee, the fee 63 shall be paid by ❑ Buyer; ❑ Seller(Seller if not filled in). 64 10. ❑ Excluded Item(s). The following item(s), that would otherwise be included in the sale of the Property, is 65 excluded from the sale ("Excluded Item(s)"). Seller shall repair any damage to the Property caused by the 66 removal of the Excluded Item(s). Excluded Item(s): 67 68 69 11. ❑ Home Warranty. Buyer and Seller acknowledge that home warranty plans are available which may provide 70 additional protection and benefits to Buyer and Seller. Buyer shall order a one-year home warranty as follows: 71 a. Home warranty provider: 72 b. Seller shall pay up to $ ($0.00 if not filled in) of the cost for the home warranty, together 73 with any included options, and Buyer shall pay any balance. 74 c. Options to be included: 75 (none, if not filled in). 76 d. Other: 77 12. ❑ Other. 78 79 80 81 82 83 84 85 1XI 03/23/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentlslgn ID:89901002SCOWE FAUBE pF/MAx Form 22EF ©Copyright 2017 Evidence of Funds Addendum Northwest Multiple Listing Service Rev.2/17 EVIDENCE OF FUNDS ADDENDUM ALL RIGHTS RESERVED Page 1 of 1 TO PURCHASE &SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated March 11,2019 1 between Joseph J Wilson ("Buyer') 2 Buyer Buyer and Mason County ("Seller") 3 Seller Seller concerning 0-xxx E Port Townsend Street Union WA 98592 (the"Property"). 4 Address City State Zip 1. DEFINITIONS. 5 a. "Evidence" means document(s) from a financial institution(s) in the United States showing that Buyer has 6 sufficient cash or cash equivalent in United States funds. 7 b. "Non-Contingent Funds" means funds that Buyer currently has in its possession and for which there is no 8 contingency, such as financing (NWMLS Form 22A or equivalent), sale of Buyer's property (NWMLS Form 9 22B or equivalent), or pending sale of Buyer's property(NWMLS Form 22Q or equivalent). 10 c. "Contingent Funds" means funds that Buyer does not currently have, but expects to receive from another 11 source prior to Closing, and for which there is no contingency, such as a loan, proceeds from the sale of 12 other property or stock, retirement funds, foreign funds, a gift, or future earnings. 13 2. El EVIDENCE OF NON-CONTINGENT FUNDS. Buyer is relying on Non-Contingent Funds for payment of the 14 Purchase Price. Buyer shall provide Evidence to Seller of such funds within 3 days (3 days if not 15 filled in) of mutual acceptance. Unless Buyer discloses other sources of funds for the payment of the Purchase 16 Price, Buyer represents that the Non-Contingent Funds are sufficient to pay the Purchase Price. Buyer shall not 17 use such Non-Contingent Funds for any purpose other than the purchase of the Property without Seller's prior 18 written consent. If Buyer fails to timely provide such Evidence, Seller may give notice terminating this 19 Agreement any time before such Evidence is provided. Upon Seller's notice of termination under this 20 Addendum, the Earnest Money shall be refunded to Buyer. 21 3. ❑ DISCLOSURE OF SOURCES OF CONTINGENT FUNDS. Buyer is relying on the following Contingent Funds 22 for the Purchase Price: 23 ❑ Sale of the following owned by Buyer: 24 ❑ Gift of$ from 25 ❑ Funds not readily convertible to liquid United States funds (describe): 26 27 ❑ Other(describe): 28 Buyer shall provide Evidence to Seller days (10 days if not filled in) prior to Closing that the funds 29 relied upon in Section 3 have been received or are immediately available to Buyer. If Buyer fails to timely 30 provide such Evidence, Seller may give notice terminating this Agreement any time before such Evidence is 31 provided. Buyer shall provide Seller with additional information about such funds as may be reasonably 32 requested by Seller from time to time. Upon Seller's notice of termination under this Addendum, the Earnest 33 Money shall be refunded to Buyer. 34 4. BUYER DEFAULT. If Buyer fails to timely close because the Contingent Funds identified in Paragraph 3 are 35 not available by Closing, Buyer shall be in default and Seller shall be entitled to remedies as provided for in the 36 Agreement. 37 [-*/]- 03/23/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentlsign ID:B9Pa CW2BDW-4CiFFAR$BBEI 2285= QE/MAX Form 22T • ©Copyright 2015 Title Contingency Addendum Northwest Multiple Listing Service Rev.7/15 TITLE CONTINGENCY ADDENDUM TO ALL RIGHTS RESERVED Page 1 of 1 PURCHASE &SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated March 11,2019 1 between Joseph J Wilson ("Buyer") 2 Buyer Buyer and Mason County ("Seller") 3 Seller Seller concerning 0-xxx E Port Townsend Street Union WA 98592 (the"Property"). 4 Address City State Zip 1. Title Contingency. This Agreement is subject to Buyer's review of a preliminary commitment for title insurance, 5 together with any easements, covenants, conditions and restrictions of record. Buyer shall have 5 6 days (5 days if not filled in)from ilf the date of Buyer's receipt of the preliminary commitment for title insurance; 7 or ❑ mutual acceptance (from the date of Buyer's receipt, if neither box checked) to give notice of Buyer's 8 disapproval of exceptions contained in the preliminary commitment. 9 Seller shall have 5 days (5 days if not filled in) after Buyer's notice of disapproval to give Buyer 10 notice that Seller will clear all disapproved exceptions. Seller shall have until the Closing Date to clear all 11 disapproved exceptions. 12 If Seller does not give timely notice that Seller will clear all disapproved exceptions, Buyer may terminate this 13 Agreement within 3 days after the deadline for Seller's notice. In the event Buyer elects to terminate the 14 Agreement, the Earnest Money shall be returned to Buyer. If Buyer does not timely terminate the Agreement, 15 Buyer shall be deemed to have waived all objections to title, which Seller did not agree to clear. 16 2. Supplemental Title Reports. If supplemental title reports disclose new exception(s) to the title commitment, 17 then the above time periods and procedures for notice, correction, and termination for those new exceptions 18 shall apply to the date of Buyer's receipt of the supplemental title report. The Closing date shall be extended as 19 necessary to accommodate the foregoing times for notices. 20 3. Marketable Title. This Addendum does not relieve Seller of the obligation to provide marketable title at Closing 21 as provided for in the Agreement. 22 [X1 03/23/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentlslgn ID:119011MM102EMINoWNFA9151131GENERMINIAM Form 31 gE/Mqx ©Copyright 2010 Earnest Money Promissory Note Northwest Multiple Listing Service Rev.7/10 ALL RIGHTS RESERVED Page 1 of 1 EARNEST MONEY PROMISSORY NOTE $ 500.00 Shelton Washington 1 FOR VALUE RECEIVED, Joseph J Wilson 2 Buyer ("Buyer") 3 Buyer agree(s)to pay to the order of Olympic Title and Escrow (Selling Firm or Closing Agent) 4 the sum of Five Hundred Dollars 5 ($ 500.00 ), as follows: 6 If within 3 days following mutual acceptance of the Purchase and Sale Agreement. 7 ❑ 8 This Note is evidence of the obligation to pay Earnest Money under a real estate Purchase and 9 Sale Agreement between the Buyer and Mason County 10 Seller ("Seller") 11 Seller dated March 11,2019 Buyer's failure to pay the Earnest Money 12 strictly as above shall constitute default on said Purchase and Sale Agreement as well as on this Note. 13 If this Note shall be placed in the hands of an attorney for collection, or if suit shall be brought to collect 14 any of the balance due on this Note, the Buyer promises to pay reasonable attorneys' fees, and all 15 court and collection costs. 16 Date: March 11,2019 17 Authen&GH BUYER 03/23/2019 18 31232019 2:05:32 PM PDT BUYER 19 "On closing" or similar language is not recommended. Use a definite date. Authentlsign ID:tiBgIMM162EMUEEFAt[i6 ! Form 35F ©Copyright 2010 Feasibility Contingency Addendum Northwest Multiple Listing Service Rev.7/10 ALL RIGHTS RESERVED Page 1 of 1 FEASIBILITY CONTINGENCY ADDENDUM The following is part of the Purchase and Sale Agreement dated March 11,2019 1 between Joseph J Wilson ("Buyer") 2 Buyer Buyer and Mason County ("Seller") 3 Seller Seller concerning 0-xxx E Port Townsend Street Union WA 98592 (the "Property"). 4 Address City State Zip Feasibility Contingency. Buyer shall verify within 20 days (10 days if not filled in) after mutual acceptance 5 (the "Feasibility Contingency Expiration Date") the suitability of the Property for Buyer's intended purpose including, 6 but not limited to, whether the Property can be platted, developed and/or built on (now or in the future) and what it will 7 cost to do this. This Feasibility Contingency SHALL CONCLUSIVELY BE DEEMED WAIVED unless Buyer gives 8 notice of disapproval on or before the Feasibility Contingency Expiration Date. If Buyer gives a timely notice of 9 disapproval, then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. Buyer should not 10 rely on any oral statements concerning feasibility made by the Seller, Listing Broker or Selling Broker. Buyer should 11 inquire at the city or county, and water, sewer or other special districts in which the Property is located. Buyer's inquiry 12 shall include, but not be limited to: building or development moratoria applicable to or being considered for the 13 Property; any special building requirements, including setbacks, height limits or restrictions on where buildings may be 14 constructed on the Property; whether the Property is affected by a flood zone, wetlands, shorelands or other 15 environmentally sensitive area; road, school, fire and any other growth mitigation or impact fees that must be paid; the 16 procedure and length of time necessary to obtain plat approval and/or a building permit; sufficient water, sewer and 17 utility and any services connection charges; and all other charges that must be paid. 18 Buyer and Buyer's agents, representatives, consultants, architects and engineers shall have the right, from time to 19 time during the feasibility contingency, to enter onto the Property and to conduct any tests or studies that Buyer may 20 need to ascertain the condition and suitability of the Property for Buyer's intended purpose. Buyer shall restore the 21 Property and all improvements on the Property to the same condition they were in prior to the inspection. Buyer shall 22 be responsible for all damages resulting from any inspection of the Property performed on Buyer's behalf. 23 ❑ AGREEMENT TERMINATED IF NOTICE OF SATISFACTION NOT TIMELY PROVIDED. If checked, this 24 Agreement shall terminate and Buyer shall receive a refund of the Earnest Money unless Buyer gives notice to Seller 25 on or before the Feasibility Contingency Expiration Date that the Property is suitable for Buyer's intended purpose. 26 I—W 1 03/2312019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentislgn ID:B90alM NRTBZWFCBPFAQiBff 6MM EXHIBIT"A" LEGAL DESCRIPTION Order No.: 122428 Lots twentyone (21)to twentyeight(28), both inclusive,Block eight(8), Grays Harbor and Union City Railroad Addition to Union City,Volume 2 of Plats, page 1, records of Mason County, Washington. Parcel No. 32232 52 08021 Cir 03/23/2019 RESOLUTION NO, -11 -14 DECLARATION OFSURPLUS PROPERTY AND APPROVAL DFSALE WHEREAS, Mason County owns the real property listed and legally described in Exhibit A, Attached hereto-. and VVHEREAS, certain parcels of the property are tax title property with delinquent property tax, penalties, interest and expenses owing� and WHEREAS, other parcels were acquired for various purposes; and WHEREAS, the Board of County Commissioners upon the recommendation of the Property Manager and Property Management Committee has determined that the property is surplus to the needs of the County; and WHEREAS, the Mason County Board of Commissioners, on December 9th, 2014, held a public hearing during which members of the public were able to testify before the Mason County Board of Commissioners regarding the property, the proposed declaration of surplus and sale. NOW, THEREFORE, BE IT FURTHER RESOLVED, by the Mason County Board of Commissioners that the real property described in Exhibit A, attached hereto, is declared surplus property and the Property Manager is authorized tooffer all of said property for sale, first by the County's Rea} Estate professional and, as necessary by any of the several means authorized by Mason County Code 3.40. List prices are to be recommended by the County Real Estate professional and approved by the County Commissioners. The County Commissioners may adjust these prices upon receiving new information from the County Real Estate professional. The final selling prices are to be approved by the Board of County Commissioners; and BE IT FURTHER RESOLVED, that the proceeds of the sale of said property are to be dedicated first to any delinquent property tax obligations and related penalties, expenses and assessments; and next to reimbursement of the Facilities and Parks fund for expenses of the Property Manager-, and finally to the Reserve for Accrued Leave Fund. DATED this ` | day of . 2014. ATTEST: BOARD OFCOUNTY COMMISSIONERS MASON COUNTY, WASHINGTON � Julie I RanjiNeatherlin, Commissioner APPROVED AST{} FORM: Tim Sheldon, COnlDliSSiODe[ a,,,, \1"�` Tim Whitehead, Deputy Prosecuting T8rnJ�reys,-Na| Attorney « Assessor Auditor Treasurer Property Manager EXHIBIT A SURPLUS PROPERTY November 3, 2014 Parcel Number Address or Legal Description Land Size Value 1 32105-50-33004 UNION - MCREAVY'S 3RD BLK: 33 7 acres Needs LOTS: 4-16 &ALL BLKS 34-40 INC assessme nt 2 32019-56-24005 Needham and Days N1/2 tract D, lot in .15 $7,500 City of Shelton 3 42212-50-01051 Lot off 101 in Hoodsport. Block 1, Lots 0 $760 51-55 EX 4 22206-53-00040 70 NE Firwood Place,Tahuya 0 $900 5 12209-34-00060 TR 6 OF SE SW. Classified as .26 $7,200 Transportation. Quail Hill Road Right of Way, Belfair. Uneconomic R. 6 12220-50-80901 ALLYN BLK: 80 VAC PTN SHERWOOD ?? 0 AVE 10' wide AD] Lot: 6 1/4 interestADJ LOT: 6 - 1/4 INT No Map available 7 42212-51-10903 Hoodsport mcReavy add block 10 tract ?? 0 4 No map or information 8 42212-51-10901 HOODSPORT - MCREAVY'S ADD BLK: ?? $500 10 TR 4 1/2 INT. No map available 9 42024-13-00480 Property under 101 overpass behind .27 $265 Miles Sand and Gravel 10 61930-51-00001 Lot 1 Riverhaven, near Decker Creek, 0 $90 Schafer Park Rd 11 32205-75-90010 1560 NE Hahobas Dr Tahuya, Dump site 3.05 $34,400 and clean up acres 12 32018-52-01902 REED'S ADDITION TO SHELTON BLK: .04 $375 1 LOT: 9 S 125' EX E 45' OF Long narrow property in Shelton- Useless 13 22035-23-00000 GOVT LOT 1 1/144TH INT. No Map 29 acres $1285 14 12118-22-00011 Uneconomic Rem. Off Grapeview loop .5 acres $7,020 road. Possible RV site? 15 12118-22-00012 Uneconomic Re.off Grapeview Loop .36 acres $8,775 Road 16 12207-34-60020 Off Rasor Road, logged in 2014 5 acres $45,500 17 12220-34-00080 Off Grapevie Loop Road, Uneconomic 1.9 acres $20,800 Rem -waterfront 18 22002-75-00170 1 1210 E Deer View Circle, Harstine Island 5 acres $52,000 Dump site 19 22005-30-02323 No results 20 22005-55-00007 91 E Wilchar Blvd—hulk mobile home ? $5,000 21 22005-55-00008 91 E Wilchar Blvd—hulk mobile home ? $5,000 22 22005-55-00009 91 E Wilchar Blvd—hulk mobile home ? $39,665 23 22129-24-6000 Land on SR3 by Pickering Intersection 2.5 acres $15,750 24 22129-75-90092 Anthony Road junk yard, needs clean 1.04 $15,300 up acres 25 22129-75-90093 Anthony Road junk yard, needs clean 1.03 $15,300 up acres 26 22213-11-60030 Near Rasor Road, Access issue, logged 26 acres $65,000 in 2014 27 32105-50-23000 McReavy Road vacant land, adjacent to 9 acres $54,720 transfer station 28 32105-50-33004 McReavy Road vacant land, adjacent to 7 acres No transfer station estimate 29 32232-52-08021 Lot next to Union Park .6 acre $6,440 30 52024-41-00000 NE SE EX SEE SURVEY 1/233 Little 6.5 acres $14,650 Egypt Rd 31 52024-41-00030 N1/2 N1/2 S1/2 NE SE SEE SURVEY 5 acres $10,000 1/233 Little Egypt Rd 32 52024-41-00040 S1/2 N1/2 S1/2 NE SE SEE SURVEY 5 acres $10,000 1/233 Little Egypt Rd 33 52024-41-00050 S1/2 S1/2 NE SE SEE SURVEY 1/233 10 acres $12,500 Little Egypt Rd 34 61936-41-00040 On Cloquallum Road, almost in GH .96 acres $4,095 County MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Dawn Twiddy DEPARTMENT: Support Services EXT: 422 BRIEFING DATE: 4/1/19 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, lease provide only new information ITEM: Approval to accept a resignation from Michelle Williams effective May 10, 2018 and to approve the Release and Hold Harmless Agreement to release and forever discharge Mason County, its officers, agents, employees, agencies, and departments from any and all existing and future claims, damages and causes of action foreseen and unforeseen of any nature whatsoever arising out of Michelle's employment with Mason County and to pay the sum of$40,000, as agreed. EXECUTIVE SUMMARY: The approval of this Release and Hold Harmless Agreement is a compromise of any and all existing and/or future claims, damages and causes of action of any kind and that the payment made is not to be construed as an admission of liability on the part of the party or parties hereby released, and that the said Releasee deny liability therefor, and further that such shall not be a basis for claims for indemnity, contribution or breach of any Federal, state, local law. RECOMMENDED OR REQUESTED ACTION: Approval to place the Release and Hold Harmless Agreement between Michelle Williams and Mason County on the April 9, 2019 Action Agenda. ATTACHMENTS: Release & Hold Harmless Agreement ugrl MASON co MMARK FORM RIEFING ITEM SV SIDNERS B � COMMIS D of MASON COVN : 53� TO: BOAR EXT Frank p►nter ort Se►yiCes FROM T, SUPP TMEN � 9 ,SPAR DATE; April 1► 2 5 March BRIEFING IOVS BRIEFING DAT PREY Options Official's Salary the Elected ig BRIEFING average of Mason County OM FEBRUARY relative the ITS DIRECTION FR ed Official's salaries MISSIONER of the Elect COM current status Review the Assessor, Auditor, see arable counties. of the are se' comp salaries es salaries l SUMMARY establish the Court 3udg 61-08,th VE Superior t to Resolution EXECU of County Commissioners District and pursuan Court Judge• The Board Treasurer. TheElected Officials. Superior Sheriff and on Salaries for rate as a Coroner,Commission . set at the same Citizens miss(( y s salary 01 authorizer Prosecuting Resoluti Treasurer were es ere established b Clerk and Resolution 86-( Assessor, Auditor,Commissioner commissioners saofrthe County Com Comm aid Mason osition In 2001,the The salaries when that P Clerl annual increase. of the highest P Auditor, osition until 20 Assessor, 95% of the art-time P to the was budgeted as a part-time in pay The Coroner full time Position, h' and in 2016 is 1().50/0 established as a unique rate, Mason County ' Treasurer. at its own above listed mIs m ss-established and 22% higher than The Sheriff s salary Mason County Co ended for the above officials• ere susP ranted a 1.44% CC 2013, salary increases w ere 9 officials w in 2017 —0.88% COLA For the period of 2009 n 2014,these electe o o increase; 2%in 5 ye` &3.92/ of 13.( Re resen' including the Sheriff• 08% COLA for a total increaseNon- P COiA; m 2016 - the same as granted to 1.690/0 102% COLA&2' increase, the at Ct in 2018— These increases are ended changing CIE of 2.6% per year. was am issioners' salary resolute 73-12) Ska� In 2012,the Comm o Resolution salaries to 1/0 ( s Coroner's and Treasurer's d the I commissioners' Clerk' , established Cowl , Assessors, Commissioner and In 2016,the Auditor's aid Mason County Resolution 95-16)BUDC o of the highest p elatior 95/o the Elected Official's salary• b the Public R Option 22% above as established Y Island, Jefferson, Option arable counties rays Harbor, Mason County's comparable Cowlitz, Option , pERC) are Commission counties. Briefing Summary 3/26/2019 Briefing Su; OWN . MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Frank Pinter DEPARTMENT: Support Services EXT: 530 BRIEFING DATE: April 1, 2019 PREVIOUS BRIEFING DATES March 11, 18, 2019 ITEM: Mason County Elected Official's Salary Options COMMISSIONER DIRECTION FROM FEBRUARY 18 BRIEFING: Review the current status of the Elected Official's salaries relative the average of the comparable counties. EXECUTIVE SUMMARY: The Board of County Commissioners establish the salaries of the Assessor, Auditor, Clerk, Coroner, Sheriff and Treasurer. The District and Superior Court Judges salaries are set by WA Citizens Commission on Salaries for Elected Officials. Pursuant to Resolution 61-08, the Prosecuting Attorney's salary is set at the same rate as a Superior Court Judge. HISTORY: In 2001, the Commissioners salaries were established by Resolution 85-01 authorizing a 3% annual increase. The salaries of the Assessor, Auditor, Clerk and Treasurer were established at 95% of the salary of the highest paid Mason County Commissioner (Resolution 86-01). The Coroner was budgeted as a part-time position until 2011, when that position was established as a full time position, equivalent in pay to the Assessor, Auditor, Clerk and Treasurer. The Sheriff's salary is established at its own unique rate, and in 2016 is 10.5% higher than Mason County Commissioners and 22% higher than above listed Mason County elected officials. For the period of 2009— 2013, salary increases were suspended for the above elected officials, including the Sheriff. In 2014, these elected officials were granted a 1.44% COLA; in 2015 - 1.68% COLA; in 2016 - .08% COLA &3.92% increase; in 2017— 0.88% COLA & 2% increase: in 2018— 1.02% COLA &2% increase, for a total increase of 13.02% in 5 years for an average of 2.6% per year. These increases are the same as granted to Non-Represented employees. In 2012, the Commissioners'salary resolution was amended changing the annual increase for Commissioners'salaries to 1%. (Resolution 73-12) In 2016, the Auditor's, Assessor's, Clerk's, Coroner's and Treasurer's salaries were amended to 95% of the highest paid Mason County Commissioner and established the Sheriff's Salary at 22% above the Elected Official's salary. (Resolution 95-16) Mason County's comparable counties as established by the Public Relations Employment Commission (PERC) are Clallam, Cowlitz, Grays Harbor, Island, Jefferson, Lewis and Skagit counties. Briefing Summary 3/26/2019 OPTIONS TO CONSIDER: Option 1. Do nothing and continue the 1% raise for Commissioners and have Elected Officials at 95% of the highest Commissioners salary and have the Sheriff at 22% above the Elected Officials salary. Option 2. Effective 2020 increase the Elected Officials, and Sheriff's, salaries to the average of comparable counties* resulting in an increase of 5% for the Elected Officials and an increase of 15% for the Sheriff's salaries. *(exclude high and low/ Skagit and Lewis), this would increase the Elected Salaries to 100% of the highest Commissioners salary. Option 3. As a member of the Criminal Justice Team, similar to the Superior Court and District Court Judges and the County Prosecutor, link the Sheriff's salary from Option 2 to the Superior Court Judges salary as defined by the Washington Citizens'Commission on Salaries for Elected Officials (WCCSEO) effective 2020. This would link the Sheriff's salary with the 15% increase to the current Superior Court Judges salary at 64% Option 4. Invoke a County Salary Commission to recommend to the BOCC salary levels for Elected Officials. Requirements: 1. 10 Members appointed by BOCC 2. 6 of 10 selected by lot of registered voters by the Auditor, 2 from each District 3. 4 of 10 selected by BOCC, each shall experience in personnel and one from each of the following fields, business, professional personal management, legal and organized labor 4. Increase in salary shall become effective next budget year 5. Decrease in salary shall become effective when current position is vacated 6. Decision by Salary Commission is subject to citizen referendum to repeal 7. Salary Commission recommendations are not binding Pros/Cons: 1. Currently 10 counties have a Salary Commission, not all BOCC's taking their recommendations 2. Salary Commission is"separate and independent'of the BOCC 3. County staff assistance for the Salary Commission is extensive, with a need to manage meetings, minutes, policies & procedures, managing OPMA requirements and PDR's, supporting requests for assistance, information, data and analysis to the Salary Commission COMPARATOR COUNTY TREATMENT WITH LINKAGE TO SCJS: Clallam: Assessor, Auditor, Commissioner, Treasurer @ 50% of current SCJS, Sheriff @ 72% *Clerk not an elected position and prosecutor is also Coroner Skagit: Assessor, Auditor Clerk, Coroner, Treasurer @ 57% of current SCJS, Sheriff @ 65% Commissioners @ 65% Cowlitz: Only Sheriff at 65% of current District Court Judges Salary equal to 62% of current SCJS BUDGET IMPACTS: Option 1 No cost in 2019 $6,926 fully loaded in 2020 Option 2 No cost in 2019 $48,162 fully loaded in 2020 Option 3 No cost in 2019 $61,675 fully loaded in 2020 Briefing Summary 3/26/2019 It MEMORANDUM OF UNDERSTANDING Between Mason County / AFSCME, Local 1504 of the WSCCCE WHEREAS, Mason County (Employer) and AFSCME, Local 1504 of the WSCCCE (Union) agree that as a result of the Supreme Court Decision regarding Janus v. AFSCME, Council 31 on June 27, 2018 the parties are required to negotiate changes to our Collective Bargaining Agreement to reflect requirements dictated in this decision. WHEREAS, the Supreme Court decision requires all Employers and Unions to negotiate new language regarding treatment of the Union's relationship with our employees and WHEREAS, The Employer and the Union have agreed as to the language change for Article 3 of the current Collective Bargaining Agreement that expires December 31, 2019. The parties therefore agree to modify the current Collective Bargaining Agreement to replace Article: 3.1 Membership,Dues and Maintenance For current Union members and those who choose to join the Union, the Employer shall deduct once each month all Union dues and fees levied. The Employer shall transfer amounts deducted to Council 2. Authorizations for Payroll Deduction are valid whether executed in writing or via facsimile. The Employer shall provide an electronic copy of the Authorization for Payroll Deduction and Representation via email to C2everett(2council2.com within 10 days of the employee executing the document. The Employer shall provide to the Union monthly a complete list of all bargaining unit members that includes: Employee name, work address, home address, work phone, work email, birth date, hire date in current bargaining unit, job classification, department, hours worked and monthly base wage. The Employer shall hand out an approved Union packet at the time of signing new employee orientation paperwork. It is recognized that this is for employee informational purposes only and comments will remain neutral and questions will be referred to the Union. The Employer shall remain neutral when communicating with employees about Union membership. The Employer shall honor the terms set forward by Council 2 regarding the employee's payroll deduction. The Employer shall continue to deduct and remit Union dues and fees to the Union until such time as the Union notifies the Employer that the dues authorization has been properly terminated in compliance with the terms of the payroll deduction authorization executed by the employee. The Union shall indemnify defend, and hold harmless the Employer from any and all claims against the Employer arising out of administration of this article. 3.2 New Employee Orientation The Employer agrees to notify the Union staff representative and Local Union President in writing of any new positions and new employees, ten (10) full working days subsequent to the orientation of the new employee. The Employer shall provide an electronic format list with the names of the employees, corresponding job title, and Department. The new employee and the Union official may, at no loss of pay, be granted no less than thirty minutes to discuss with each new employee a basic overview of the employees' rights and responsibilities regarding Union membership, dues authorizations, and Union insurance within 90 days after the new employee's hire,pursuant to RCW 41.56.037. 3.3 Electronic Authorizations are Valid An authorization for Union membership and/or dues or other payroll deduction is valid whether executed in writing or via facsimile. 3.4 Union Officers The Union agrees to supply Human Resources with current lists of Officers and stewards. The Employer will recognize the Officers and stewards as soon as the list is received, in writing, by Human Resources. 3.5 Nondiscrimination- Union Activity Neither party shall discriminate against any employee because of membership in or non-membership in or activity on behalf of the Union. No employee shall be discharged or discriminated against for upholding Union principles, fulfilling duties as an Officer in the Union or serving on a Union committee. As agreed, on this day of 2019 For Mason County: For AFSCME Local 1504 of the WSCCCE: Kevin Shutty, Chair Aaron Cole, Staff Representative, AFSCME 1504, Council 2 Sharon Trask, Commissioner Tammi Wright, President Randy Neatherlin, Commissioner For Mason County Prosecutor: Tim Whitehead Chief Deputy Prosecutor As to form MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM:._Dawn TwiddT � '\j_Q 01`l � DEPARTMENT: b c.b EXT: 530 BRIEFING DATE: April 1, 2019 PREVIOUS BRIEFING DATES: ITEM: Approval to create, post, and fill one full time equivalency (FTE) as a Lead Plans Examiner in the Community Services Department. This does increase the departmental FTE count by one. EXECUTIVE SUMMARY: The Mason County Community Services Director has requested to create, post, and fill one Lead Plans Examiner position. The Lead Plans Examiner position is a represented position of the Teamsters General Services Unit. BUDGET IMPACTS: Community Services or Budget Department will supply the information. 2019 - $ 68,500 (budgeted at 8.5 months) 2020- $ 98,650 RECOMMENDED OR REQUESTED ACTION: Approval to place on the April 9, 2019 Action Agenda to create, post, and fill one full time equivalency (FTE) as a Lead Plans Examiner in the Community Services Department. This does increase the departmental FTE count by one. ATTACHMENTS: Position Description jAbudget office\fund&department info\community services\briefing cvr-lead plans examiner create-post-fill positions 04012019.doc .oK CO .>ire °tirA POSITION DESCRIPTION =7 Title: Plans Examiner Department: Community Services Affiliation: Teamsters Reports to: Building Manager Exempt: Non-Exempt: X Supervises/Directs: Serves as lead plans Examiner Job Class: Risk Class: Salary Range: According to current CBA 2084 1501-00 Union Approval Date: Elected Official / Human Resources Approval Date: DEFINITION Performs plan reviews for all types of construction projects for Compliance to codes and regulations. DISTINGUISHING FEATURES OF THE CLASS The single position in this class is distinguished from the Building Inspector III classification by their ability and experience to perform large and complex reviews for multi-family residential and commercial projects and their responsibility to serve as lead plans examiner. Selection of an employee for this job class shall be at the discretion of management. ESSENTIAL JOB FUNCTIONS Reviews large and complex residential and commercial plans and specifications for compliance to codes and regulations. Performs field site pre-inspections prior to commencement of construction. Performs field site inspections for conformance to project specifications and plans and enforcement of applicable codes and regulations on both residential and commercial buildings. Issues notices of violations and stop work orders. Investigates complaints as assigned. Provides information to the public regarding building codes and county regulations. Maintains files and*records. WORKING CONDITIONS Work is primarily performed in an office environment while sitting at a desk or computer terminal. Duties may require standing at a counter or work in the field in all weather conditions and requires exposure to construction materials. Employees are required to sit, stand, bend, reach, walk, climb, and crawl to perform site inspections. Incumbents in this classification are required to operate computers, adding and calculating machines, copy machines and other general office equipment. Incumbents in this classification may be required to lift up to 20 pounds periodically to move tools and equipment from one place to another. QUALIFICATIONS Knowledge of • State codes and county regulations pertaining to building. • Construction techniques and materials. • Seriousness of exceptions to standard practice as they relate to life safety and structural integrity. • How to communicate in a positive manner information that may be perceived as negative. Ability to • Organize workload and perform duties independently, accurately and timely. Make accurate mathematical calculations. • Review blue prints, construction plans and specifications and interpret and apply the intent of codes. • Interpret regulations and make appropriate judgments. Accurately and consistently record data. • Communicate effectively with other employees, the public, other county departments and other local and state agencies. • Work within established guidelines with limited supervision. • Establish and maintain effective working relationships with other employees in the department and other county departments. • Efficiently operate relevant computer programs. EDUCATION AND EXPERIENCE PREFERRED • High school diploma or equivalency • 3 years experience in construction trades • 5 years experience as plans examiner • 3 years experience in municipal plan review, which includes large and complex multi-family and commercial projects LICENCES, CERTIFICATES AND OTHER REQUIREMENTS • Must possess an International Code Council (ICC) or equivalent certification as a residential or commercial plans examiner. • ICC or equivalent commercial plans examiner certification no later than one year from date of hire is a condition of continued employment beyond one year. • Must maintain current ICC or other equivalent certification in specialty area of residential and commercial plan review during entire duration of employment with the County. REQUIRED TRAINING FOR THIS POSITION Sexual Harassment & Discrimination -Annually Smart Risk Management– Once Slip, Trip and fall –Annually Safe Lifting Practices –Annually FEMA IS 100.c and 700.b All employee's-Once REGULAR MONITORED DRIVER: _X—Yes No DEFENSIVE DRIVING- ALL ANNUALLY Basics R is for Reverse Intersections Reduce Winter Weather Accidents General Auto Risk Program for Drivers Additional job specific trainings may be issued at'a later date. Union Representative Signature of Approval: Date: Elected Official/Director Signature of Approval: Date: I have read and understand the above position description: Name: Date: Signature: HR or Manager Signature: MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: David Windom DEPARTMENT: MCCS EXT: 260 BRIEFING DATE: April 1. 2019 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information N/A ITEM: Change in travel policy EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): Reduce the reimbursement for employees using personally owned vehicles when county vehicles are available If mileage is requested for use of employee's personal vehicle, the decision is made at the employee/supervisor level prior to the intended travel. It should be noted that when an employee utilizes their personal vehicle for a business purpose, the employee is responsible to ensure the vehicle is lawfully insured and licensed. In the event of an accident, the County's liability does not include damage to the employee's vehicle or the cost of the deductible. 1. If a County vehicle is available and employee chooses to take their own vehicle, they will be reimbursed for one-way mileage. 2. If a County vehicle is not available, the employee can be reimbursed for round trip mileage. BUDGET IMPACTS: Reduction in travel expense RECOMMENDED OR REQUESTED ACTION: Discussion and bring forward to County Leadership meeting ATTACHMENTS: Briefing Summary 3/21/2019 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Lydia Buchheit / Todd Parker DEPARTMENT: Community Services EXT: 404 BRIEFING DATE: 4/1/19 PREVIOUS BRIEFING DATES: 12/3/18 If this is a follow-up briefing, please provide only new information ITEM: Request for Proposal — Affordable Housing EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): Mason County Community Services would like to solicit proposals from non-profits to increase the supply of affordable housing stock in Mason County. This grant award is part of the Affordable Home Acquisition and Preservation Program to support the efforts to end homelessness and increase access to safe and healthy places to live. Project awards, allowable under RCW 36.22.178, are to aid in the acquisition, construction, and/or rehabilitation of housing projects or units within housing projects that are affordable to very low-income households with incomes at or below fifty percent of the area median income, including units for homeownership, rental units, seasonal and permanent farmworker housing units, units reserved for victims of human trafficking and their families, and single room occupancy units. A priority must be given to eligible housing activities that serve extremely low- income households with incomes at or below thirty percent of the area median income. The housing project types listed below are current community needs and will be given preference: • Permanent Supportive Housing • Transitional Housing —examples include, but are not limited to: o Diversion / Step-down o Shelter Transition o Oxford, Recovery, or other housing type that is part of a coordinated chemical dependency or mental health treatment program or service o Transitional Aged Youth (18 —24 years of age) BUDGET IMPACTS: Local Document Recording Fees &Treatment Sales Tax. RFP states up to $200,000 per project with actual award amount and number of awards pending approval from the Board of County Commissioners. RECOMMENDED OR REQUESTED ACTION: Approval to release Affordable Housing RFP ATTACHMENTS: none Briefmg Summary 3/19/2019 PUBLIC WORKS MONDAY,APRIL 1,2018— BRIEFING ITEMS FROM PUBLIC WORKS (For Commissioners Meeting April 9,2019) Items for this meeting are due to Diane Zoren on Wednesday,April 3,2019 5.0 CORRESPONDENCE AND ORGANIZATIONAL BUSINESS (None) 8.0 APPROVAL OF ACTION ITEM 9.0 OTHER BUSINESS (None) 10.0 PUBLIC HEARINGS AND ITEMS SET FOR A CERTAIN TIME (None) DISCUSSION ITEMS: • 4/3 Daybreak- Belfair Freight Corridor Update w/Michele Britton e 4/5 - Q13 News Skokomish Story • Port of Allyn Boat Launch • 4/3 - Green Diamond Meeting Attendees: Commissioners: Public Works: Other Dept. Staff.: Public: _Randy Neatherlin _Jeny Hauth _Kevin Shutty _Diane Sheesley _Sharon Trask _Bart Stepp _Loretta Swanson Others: (List below) I ! MASON COUNTY BRIEFING ITEM SUMMARY FORM I TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Chief Deputy Jason Dracobly DEPARTMENT: Mason County Sheriff's Office EXT: 313 BRIEFING DATE: TBA I PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEM: Overtime Contract with the Skokomish Indian Tribe (draft), Timberlakes Community (pending), USDA/Forest Service Olympic National Forest, Lake Cushman Maintenance Company, and US Marshals Service Violent Offender Task Force MOU. EXECUTIVE SUMMARY: Discussion on upcoming OT contracts, revenues and eventual costs. i BUDGET IMPACTS: net zero impact. RECOMMENDED OR REQUESTED ACTION: Request a supplemental increase with specific amounts to be determined later in the year. ATTACHMENTS: Copy of the contracts. i S 1 1 Briefing Summary 3/22/2019 i i i i SHERIFF'SMASON COUNTY - . CONTRACT DUTY SERVICE O . 2019 Contract Code# THIS IS A CONTRACT between the MASON COUNTY SHERIFF'S OFFICE, hereinafter referred to as SHERIFF, located at 322,.;N 3rd St Shelton WA 98584, and the Skokomish Indian Tribe, hereinafter referrecl`to as Entity with a billing address: Celeste Vigil, GIC Accountant , `.; . Skokomish Indian Tribe '' 80 N Tribal Center Rd Skokomish Nation WA 98584 ' ' Jointly, the SHERIFF and the ENTITY are refefred#t'herein as the 'PARTIES". This is an Extra-duty service contract in which the' I ;ERIFF agrees to provide Deputy Sheriff's to the ENTITY as`s€;ip.ulated irovisions: THE PARTIES agree as follows IA 1. PERFORMANCE a. The SH_ERIFE.shall provid, ENTITY extra duty Sheriff Deputy servipes to indl,Oe: SecuriEy, Vehicle speed enforcement and crimi I,inves bations. b. s "= cjfic loll $ri offfAs need for the individual requests :_ p,:.:_.,,. _.fi i`hroi :hoot th '' ar ..91 mss;. Services`' :m ore'uniformed Sheriff Deputies will be assigned, . ... approved'Rd coordinated through the MASON County Sheriff's ryfYs-Office. d. As§l§h,m l t of Sheriff Deputies shall be based on the ENTITY's need"d the availability of Sheriff Deputies. /� e. The Parties shall agree upon the length of assignment for Sheriff Deputies at the time of service. f. Subsequently, if the conditions dictate a need for Sheriff Deputy services over a longer period than is initially specified and agreed upon, any additional hours and dates are nonetheless covered by this contract as renegotiated and agreed upon by the parties. Extra Duty Service Contract 1 t g. The ENTITY shall provide the SHERIFF a site familiarization tour for safety of the deputies, familiarity with facility layouts, site terrain and workforce orientation. I i 2. CONTRACT TERM i The provisions of this contract shall be in effect commencing for the year of 208 2019. i Either party may cancel this contract at any time wick ikirty days notice to the other party in writing. ==r 3. COMPENSATION 'i 3 �•>. The ENTITY shall pay the SHERIFF a�%full compensatio6% everything furnished and done under this contr. The overtime rate b lli dd.jg' based on actuals and can be up to $75-:99 8 r00,.per,hour. The ENTM agrees to pay for any and all costs incurred by tl c linty under this contract, i including but not limited toany costs that rn9,y,t e incurred by the county if the ENTITY cancels the oveEme,detail. :l. The ENTITY agrees to Dav an` Shd ` De uty s6tvices that are requested on the defined HOLIIJAYa s` l t upon Sheriff's Deputy �� Guild contract.afi—son Count`; >fihe rate..' pay for HOLIDAYS is 2.5 urat times their her. rly i� 4. PAYMENT::':::. �.,f�`:, z%tel:.:r.�:::.. • T;e"tNfi°T1!shall payfor the services under this contract in accordance f' ith Paragra f? B,of th`"eral Terms and Conditions. 5. "QENERAL TERi1/iS AND CONDITIIONS The pari"es..have;:fve ad and agree to the General Terms and Conditions set forth on "EXMb.i.t"}A. BY: BY: Entity Signature Sheriff's Office Representative Signature Printed name Printed name Date Signed: Date Signed: Approved as to Form by the Prosecuting Attorney's Office Extra Duty Service Contract 2 1 i EXHIBIT "A" GENERAL TERMS AND CONDITIONS A. FEES: The Sheriff has established fees for services as follows: Sheriff Deputy/ Sergeant: Overtime hourly rate is based on a range from bottom step Deputy to top step Sergeant. That range is from $50.00 to $75:-00 85.00 for 28'1-8 2019. Holiday rate of pay is 2.5 times their individua ourI rate of pay. All overtime is bid out according to senio00, rif . B. PAYMENT: s,f, t. �.!fs The Sheriffs Office shall produce a bft',., to the Entity within sixty- days of the work. All checks shall be mae,_�ayable to the MASON County Sheriff and maileo_ 4 °` MASON COUNTY-8HERIFF'8"OFFICE Attn: Finari ,e Dib" paft MiWtfi '' 322 N 1j,`a'St SheltorrWA 98584 V. FIX "fIRk•. C. DUTY STA= l� 'acfl'b putt' Sh�rtf.engaged'in extra duty employment of a law enforcemet,T ature` considered to be an on-duty status. Sheriff ,D. Deputies are_9dbject t6 call by the Sheriff of MASON County or his gignee at agy.,time4or emergencies, special assignment, or overtime Extra dui i employment does not infringe on this obligation. Sh-u this occur the organization would be billed only for the hours for which..he p (�uty was present. D. ADHERENCE TO SHERIFF POLICIES AND PROCEDURES: Sheriff Deputies engaged in extra duty employment are obligated to discharge all duties of their office and to adhere to MASON County Sheriff's Office policies and procedures at all times. Extra Duty Service Contract 3 1 E. PRIMARY DUTY TO THE SHERIFF: Sheriff Deputies on extra duty assignment have a primary obligation to the SHERIFF, not the ENTITY. They are expected to discharge all duties of their position, to enforce all laws and ordinances, and to adhere to all Sheriff's Office policies, procedures, rules and regulations, as well as meeting the ENTITY's needs. I F. NON-DISCRIMINATION: During the performance of this Contract, the ENT!TY•:shall not discriminate on the basis of race, color, sex,•r�Ll.ion, national origin, creed, marital status veteran status, sexual'driertation, age or the presence of any sensory, mental or phvs'icpl disei'm ... I( iy•1 G. LIABILITY: qty.. Each PARTY shall be responsible �hd.,liablet.=.,fo.r the consequences of any act or failure to act on the part of=1f ' �its employees and its agents. Each party shall.be responsibld4g...its own negligence. H. EVENT SCHEDULING: �� f f •vim>,v.F-,�}r ��r:�::,rt'', All events will be schedulecl'Wit phidf-Qf'y Jason Dracobly, 360- .._1 (i' t 427-9670 x 3_ 3or�his designee. ;;r I. DISPUfff.- SOLUTION: I the p�lent o`P1� ispo e::amd.tg the parties, both parties shall go e�oYeIM ADR A,Ifernative Dispute Resolution Center and (heir decision``s'h :lhbe find; .Any legal dispute will be subject to Washington Law. J. COMPLAINTS Servicf��9rnp'iaints, questions or issues shall be directed to the On- Duty Sh fit supervisor. The supervisor may be contacted via MACECOM (360) 426-4441. Extra Duty Service Contract 4 EXTRA-DUTY DETAIL ENTITY Contract created Forwarded for signature— Signed contract returned— Authorizing signature by sa n ''•.s Final copy sent to customer ,%` r, Ale Copies to accountingN Sign-up created/posted patrol �f Detail logged Realtime r.=J.rt's�.• 1 Personnel logged Realtime F f.: J'jlJl.�l•f.�j•f ii4 /f f",K •,•r•••yi r / •.req `- r Yf ••.'ll.•J �•tif}1��• •"•tis Jz� �%fi'J }.f r4 ja Extra Duty Service Contract 5 I i ENTITY Code# r,. {�/•YS` i f� f FA,h}r'J�r.�� fF` .�;F.rf• it ��`� �F zom rJ J'J�.�j •f���� rrs�/if' r'fJ: •Vf rt',ffh-4 J�T-• ��r I I y: I Extra Duty Service Contract I i s SHERIFF'SMASON COUNTY - DUTY SERVICE CONTRACT O . • Contract Code# I THIS IS A CONTRACT between the MASON COUNTY SHERIFF'S OFFICE, hereinafter referred to as SHERIFF, located at 322N 3rd St Shelton WA 98584, and the LAKE CUSHMAN MAINTENANCE COMPANY>(LCMC), hereinafter referred to as Entity with a billing address: Lake Cushman Maintenance Company 3740 N Lake Cushman Road Hoodsport, WA 98548 ,t Jointly, the SHERIFF and the ENTITY are referred to Herein as the `PARTIES". This is an extra-duty service contract in which theSHERIFF agrees to provide Deputy Sheriff's to the ENTITY as.stipulated in the following provisions: THE PARTIES agree as follows 1. PERFORMANCE a. The SHERIFF�shall provide the ENTITY extra duty Sheriff Deputy services.to include: security,.vehicle speed enforcement and criminal investigations. b. : Specific location of service: As needed for the individual requests throughout the year Services by,more`uniformed Sheriff Deputies will be assigned, approved and coordinated through the MASON County Sheriff's `Office. d. Assignment of Sheriff Deputies shall be based on the ENTITY's needs and the availability of Sheriff Deputies. e. The Parties shall agree upon the length of assignment for Sheriff Deputies at the time of service. f. Subsequently, if the conditions dictate a need for Sheriff Deputy services over a longer period than is initially specified and agreed upon, any additional hours and dates are nonetheless covered by this contract as renegotiated and agreed upon by the parties. Extra Duty Service Contract 1 i I( g. The ENTITY shall provide the SHERIFF a site familiarization tour for safety of the deputies, familiarity with facility layouts, site terrain and workforce orientation. 2. CONTRACT TERM } i The provisions of this contract shall be in effect commencing on and ! ending on 2019. Either party may cancel this contract at any time.:With thirty days notice to the other party in writing. 3. COMPENSATION The ENTITY shall pay the SHERIFF as+full compensation for everything j furnished and done under this contract `The overtime rate billed is based on actuals and can be up to $85.00 per hour. The ENTITY agrees to pay for any and all costs incurred by the county under this contract, including but not limited to any costs tha:,may be incurred by the county if the ENTITY cancels the overtime detail. The ENTITY agrees to pay any Sheriffs Deputy services that are requested on the defined HOLIDAYS as agreed upon Sheriffs Deputy Guild contract and Mason County. `'The rate of pay for HOLIDAYS is 2.5 times their hourly rate:: 4. PAYMENT The ENTITY shall payfor the services under this contract in accordance with Paragraph'8`of the General Terms and Conditions. 1 5. GENERAL TERMS AND CONDITIIONS The parties havb-read and agree to the General Terms and Conditions set forth on "Exhibit" A. BY: BY: Entity Signature Sheriff's Office Representative Signature Aaron C. Nix, General Manager Printed name Printed name Date Signed: Date Signed: Extra Duty Service Contract 2 Approved as to Form by the Prosecuting Attorney's Office i { - i - I i - i Extra Duty Service Contract 3 EXHIBIT "A" GENERAL TERMS AND CONDITIONS A. FEES: The Sheriff has established fees for services as follows: Sheriff Deputy/ Sergeant: Overtime hourly rate is based on a range from bottom step Deputy to I top step Sergeant. That range is from $50.00 to $85.00 for 2019. Holiday rate of pay is 2.5 times their individual;hour.ly rate of pay All overtime is bid out according to seniority. B. PAYMENT: The Sheriff's Office shall produce a b llihc"to the Entity within sixty- days of the event. All checks shall be made.payable to the MASON County Sheriff and mailed to:, MASON COUNTY SHERIFF'S OFFICE Attn: Finance Department 322 N 3rd St Shelton WA 98584 C. DUTY STATUS Each Deputy Sheriff,engaged in extra duty employment of a law enforcement nature is an;on-duty status. Sheriff Deputies are subject to call by the Sheriff of MASON County or his designee at any time for emergencies,special assignment, or overtime duty. Extra duty employment does not infringe on this obligation. Should this occur the organization would be billed only for the hours for which the Deputy was present: D. ADHERENCE TO SHERIFF POLICIES AND PROCEDURES: Sheriff Deputies engaged in extra duty employment are obligated to discharge all duties of their office and to adhere to MASON County Sheriff's Office policies and procedures at all times. Extra Duty Service Contract 4 E. PRIMARY DUTY TO THE SHERIFF: Sheriff Deputies on extra duty assignment have a primary obligation to the SHERIFF, not the ENTITY. They are expected to discharge all duties of their position, to enforce all laws and ordinances, and to adhere to all Sheriff's Office policies, procedures, rules and regulations, as well as meeting the ENTITY's needs. F. NON-DISCRIMINATION: During the performance of this Contract, the ENTITY-shall not discriminate based on race, color, sex, religion ';national origin, creed, marital status veteran status, sexual orientation;'age or the presence of any sensory, mental or physical disability G. LIABILITY: Each PARTY shall be responsible and liable for the consequences of any act or failure to act on the part of itself `'its employees and its agents. Each party shall be responsiblefor.its own negligence. j H. EVENT SCHEDULING: All events will be scheduled with Chief Deputy Jason Dracobly, 360- 427-9670 x;.313,:or,his designee. I. DISPUTE/RESOLUTION: In the event of a d,ispute�among the parties, both parties shall go beforethe;ADR Alternative Dispute Resolution Center and their decision sha l;be final..>Any legal dispute will be subject to Washington <:State Law. J. COMPLAINTS: Service'complaints, questions or issues shall be directed to the On- Duty ShiftSupervisor. The Supervisor may be contacted via MACECOM (360) 426-4441. Extra Duty Service Contract 5 t j� EXTRA-DUTY DETAIL ENTITY Contract created_ Forwarded for signature_ = Signed contract returned Authorizing signature by Final copy sent to customer Copies to accounting_ i Sign-up created/posted patrol Detail logged REALTINM = Personnel logged REALTTiVI �= i i Extra Duty Service Contract 6 ENTITY Code# lir• I i Extra Duty Service Contract 7 i i OMB 05%-0217 USDA,Forest Service FS-1500-8 FS Agreement No. 19-LE-11069900- Cooperator Agreement No. COOPERATIVE LAW ENFORCEMENT AGREEMENT Between MASON COUNTY SHERIFF'S OFFICE And The USDA,FOREST SERVICE OLYMPIC NATIONAL FOREST This COOPERATIVE LAW ENFORCEMENT AGREEMENT(`Agreement')is entered into by and between Mason County Sheriff's Office,hereinafter referred to as"Cooperator,"and the USDA,Forest Service,Olympic National Forest,hereinafter referred to as the"U.S.Forest Service,"under the provisions of the Cooperative Law Enforcement Act of August 10, 1971, Pub. L. 92-82, 16 U.S.C. 551a. Background: The parties to this agreement recognize that public use of National Forest System lands(NFS lands)is usually located in areas that are remote or sparsely populated. The parties also recognize that the enforcement of State and local law is related to the administration and regulation of NFS lands and Cooperator has/have a limited amount of financing to meet their responsibility of enforcing these laws. jill gl Olympic National Forest,Lake Cushman Patrols i I. PURPOSE: 1 The purpose of this agreement is to document a cooperative effort between the parties to enhance State and local law enforcement in connection with activities on NFS lands and provide for reimbursement to Cooperator for the intensified poxtion of this effort. In consideration of the above premises,the parties agree as follows: H. THE COOPERATOR SHALL: A. Perform in accordance with the approved and hereby incorporated Annual Financial and Operating Plan(Annual Operating Plan)attached as Exhibit A. See related Provision IV-E. B. Ensure that the officers/agents of Cooperator performing law enforcement activities under this agreement meet the same standards of training required of the officers/agents in their jurisdiction,or the State Peace Officers Standards of Training where they exist. C. Provide uniformed officers/agents with marked vehicles to perform all activities unless agreed to otherwise in the Annual Operating Plan. Page 1 of 9 (Rev.9-15) 1 ll�5 USDA,Forest Service OMB 0596.0217 FS-1 500.8 f D. Advise the U.S. Forest Service Principal Contact,listed in Provision IV-B, of any suspected criminal activities in connection with activities on NFS lands. E. Upon the request of the U.S.Forest Service, dispatch additional deputies within manpower capabilities during extraordinary situations as described in Provision IV-J. F. Complete and furnish annually the U.S. Forest Service with Form FS-5300-5, Cooperative Law Enforcement Activity Report, identifying the number of crimes occurring on NFS lands. The report shall follow the FBI Uniform Crime Reporting ! groupings,Part I and Part II offenses. Offenses and arrest information shall be combined and reported for each crime. This report shall separate the crimes handled under this agreement from those handled during regular duties. G. Provide the U.S. Forest Service Principal Contact, listed in Provision IV-B,with case reports and timely information relating to incidents/crimes in connection with activities on NFS lands. i H. Bill the U.S. Forest Service for Cooperator's actual costs incurred to date,displayed by separate cost elements, excluding any previous U.S. Forest Service payment(s) made to the date of the invoice,not to exceed the cumulative funds obligated hereunder and as specified on the Annual Operating Plan. Billing frequency will be as specified in the Annual Operating Plan. See related Provisions 111-B, IV-1, and IV- P. 1. Give the U.S. Forest Service or Comptroller General,through any authorized representative,access to and the right to examine all records related to this agreement. As used in this provision,"records"include books,documents,accounting procedures and practices,and other data, regardless of type and regardless of whether such items are in written form,in the form of computer data,or in any other form. J. Comply with all Federal statutes relating to nondiscrimination and all applicable requirements of all other Federal laws,Executive Orders,regulations, and policies. These include,but are not limited to Sections 119 and 504 of the Rehabilitation Act of 1973 as amended,which prohibits discrimination on the basis of race,color, religion,sex,age,national origin,marital status,familial status,sexual orientation, participation in any public assistance program,or disability. K. Maintain current information in the System for Award Management(SAM)until receipt of final payment. This requires review and update to the information at least annually after the initial registration,and more frequently if required by changes in information or agreement term(s). For purposes of this agreement, System for Award Management(SAM)means the Federal repository into which an entity must provide information required for the conduct of business as a Cooperative. Additional information about registration procedures may be found at the SAM Internet site at www.sam.gov_ Page 2 of 9 (Rev.9-15) I LlMJ1 USDA,Forest Service OMB FS-10596-0217SO0.8 S-I -B i I f IILTHE U.S.FORESTI SERVICE SHALL: A. Perform in accordance with the Annual Operating Plan attached as Exhibit A. B. Reimburse Cooperator for actual expenses incurred,not to exceed the estimated amount shown in the Annual Operating Plan. The U.S. Forest Service will make payment for project costs upon receipt of an invoice. Each correct invoice shall display Cooperator's actual expenditures to date of the invoice, displayed by separate cost elements as documented in the Annual Operating Plan, less any previous U.S.Forest Service payments. See related Provisions II-H and IV-1. The invoice should be forwarded as follows: i Submit original invoice(s)for Send copy to: i payment to: j USDA,Forest Service James V. Griffin,Patrol Captain i Albuquerque Service Center USDA Forest Service/LEI Payments—Grants&Agreements 2930 Wetmore Ave,Ste 3A 10 IB Sun Avenue NE Everett, WA 98201 1 Albuquerque,NM 87109 Phone: 425-783-6090 FAX: (877)687-4894 FAX: 425-783-6098 E-Mail: asc gana fs.fed.us E-Mail: james.griffin a,usda.P.ov E-Mail: cindy.orlandoL@usda.gov IV.IT IS MUTUALLY;UNDERSTOOD AND AGREED UPON BY AND BETWEEN THE PARTIES THAT: A. The parties will make themselves available,when necessary to provide for continuing consultation,exchange information,aid in training and mutual support,discuss the conditions covered by this agreement and agree to actions essential to fulfill its purposes. B. The principal contacts for this agreement are: Principal Cooperator Contacts: Cooperator Program Contact Cooperator Administrative Contact Casey Salisbury,Sheriff Jason Dracobly,Chief Deputy 322 N 3rd St 322 N 3rd St PO Box 1037 PO Box 1037 Shelton,WA 98584 Shelton,WA 98584 Phone: 360-427-9670 ext. 313 Phone: 360-427-9670 ext. 326 FAX: 360-426-0567 FAX: 360-426-0567 Email: caseys(F�co.mascln.wa.us Email:idracoblyAco.mason.wa.us Page 3 of 9 (Rev.9-15) i S USDA,Forest Service OM13 0596-0217 FS-1500-8 Principal U.S. Forest Service Contacts: U.S.Forest Service Program Manager U.S. Forest Service Administrative i i Contact Contact James V. Griffin,Patrol Captain Cindy Orlando,Program Assistant Mt.Baker-Snoqualmie National Forest Mt. Baker-Snoqualmie National Forest 2930 Wetmore Ave. Ste. 3A 2930 Wetmore Ave. Ste. 3A Everett, WA 98201 Everett, WA 98201 Phone: (425) 783-6090 Phone: (425)783-6092 f Email:fames. rig fftn@usda,t ov_ Email: cindy.orlando Zfusda.gov I U.S. Forest Service Agreement Contact Amy Verellen, Grants Management Specialist 215 Melody Lane, Wenatchee, WA,98801 j Phone: (509)664-9231 Email: averellen(r,fs.fed,us An Annual Operating Plan will be negotiated on a fiscal year basis. At the end of the year, funds not spent may be carried forward to the next year, or deobligated at the request of the U.S.Forest Service. Upon expiration of the Cooperative Law Enforcement Agreement, funds not spent will be deobligated. C. This agreement has no effect upon Cooperator's right to exercise civil and criminal jurisdiction on NFS lands nor does this agreement have any effect upon the responsibility of the U.S. Forest Service for the enforcement of federal laws and regulations relative to NFS lands. D. Any Annual Operating Plan added to this agreement will be jointly prepared and agreed to by the parties. The Annual Operating Plan shall at a minimum contain: 1. Specific language stating that the Annual Operating Plan is being added to this agreement thereby subjecting it to the terms of this agreement. 2. Specific beginning and ending dates. 3. Bilateral execution prior to any purchase or the performance of any work for which reimbursement is to be made. Page 4 of 9 (Rev.9-15) i too*) USDA,Forest Service OMB 0546-0217 FS-1590-6 1 4. Specify any training,equipment purchases,and enforcement activities to be provided and agreed rates for reimbursement including the maximum total amount(s)for reimbursement. 5. An estimate of the useful life of any equipment purchased under this agreement as required by Provision IV-K. I 6. Billing frequency requirement(s). See related Provisions 11-H and II!B. j i 7. Designation of specific individuals and alternates)to make or receive requests 1 for enforcement activities under this agreement. 8. A review and signature of a U.S.Forest Service Agreements Coordinator. s E. Nothing in this agreement obligates either party to accept or offer any Annual Operating I Plan under this agreement. F. The officers/agents of Cooperator performing law enforcement activities under this agreement are,and shall remain,under the supervision,authority,and responsibility of I Cooperator. Law enforcement provided by Cooperator and its employees shall not be considered as coming within the scope of federal employment and none of the benefits of federal employment shall be conferred under this agreement. G. Federal Communication Commission procedures will be followed when operating radio(s)on either party's frequency. H. Cooperator's reimbursable expenses must be:listed in an approved Annual Operating Plan;expended in connection with activities on NFS lands; and expenses beyond those which are normally able to provide. I. During extraordinary situations such as,but not limited to:fire emergency,drug enforcement activities,or certain group gatherings,the U.S.Forest Service may request to provide additional special enforcement activities. The U.S.Forest Service will reimburse Cooperator for only the additional activities requested and not for activities that are regularly performed by Cooperator. J. Reimbursement may include the costs incurred by Cooperator in equipping or training its officers/agents to perform the additional law enforcement activities authorized by this agreement. Unless specified otherwise in the Annual Operating Plan,reimbursement for equipment and training will be limited to a pro rata share based on the percentage of time an officer/agent spends or equipment is used under this agreement. When reimbursement for items such as radios,radar equipment,and boats is being contemplated,reimbursement for leasing of such,equipment should be considered.If the U.S.Forest Service's equipment purchases are approved in the Annual Operating Plan, an estimate of the useful life of such equipment shall be included. When purchased, Page 5 of 9 (Rev.9-15) �\ 0596-0217 USDA,Forest Service OMB 0596ae i equipment use rates shalt include only operation and maintenance costs and will exclude depreciation and replacement costs.. Whether Cooperator is/are reimbursed for lease/purchase costs,or the U.S. Forest Service purchases and transfers the equipment, the total cost for the equipment cannot exceed the major portion of the total cost of the Annual Operating Plan unless approved by all parties in the agreement and shown in the Annual Operating Plan. When the U.S.Forest Service provides equipment,the transfer shall be documented on an approved property transfer form(AD-107)or equivalent. Title shall remain with the.U.S. Forest Service,however; Cooperator shall ensure adequate safeguards and controls exist to protect loss or theft. Cooperator shall be financially responsible for any loss at original acquisition cost less depreciation at the termination of the agreement. Cooperator is/are responsible for all operating and maintenance costs for equipment that the U.S. Forest Service has reimbursed Cooperator for and/or transferred to Cooperator under the AD- 107 process or equivalent. K. Equipment and supplies approved for purchase under this agreement are available only for use as authorized. The U.S.Forest Service reserves the right to transfer title to the U.S.Forest Service of equipment and supplies,with a current per-unit fair market value in excess of$5,000.00,purchased by Cooperator using any Federal funding. Upon expiration of this agreement Cooperator shall forward an equipment and supply inventory to the U.S. Forest Service,listing all equipment purchased throughout the life of the project and unused supplies. The U.S.Forest Service will issue disposition instructions within 120 calendar days,in accordance with equipment regulations contained in 7 CFR 3016.32. L. When no equipment or supplies are approved for purchase under an Annual Operating Plan,U.S.Forest Service funding under this agreement is not available for reimbursement of Cooperator's purchase of equipment or supplies. M. When State conservation agencies have the responsibility for public protection in addition to their normal enforcement responsibility,their public protection enforcement activities may be included in Annual Operating Plans and are then eligible for reimbursement. Reimbursement is not authorized to State Conservation Agencies for enforcement of fish and game laws in connection with activities on NFS lands. N. Pursuant to 31 U.S.C. 3716 and 7 CFR,Part 3,Subpart B,any funds paid to Cooperator in excess of the amount to which Cooperator is/are finally determined to be entitled under the terms and conditions of the award constitute a debt to the federal Government. If not paid within a reasonable period after the demand for payment,the Federal awarding agency may reduce the debt by: 1. Making an administrative offset against other requests for reimbursements. 2. Withholding advance payments otherwise due to Cooperator. Page 6 of 9 (Rev.9-15) i USDA,Forest Service OMB 0596-0217 Fs-tsao-s 3. Taking other action permitted by statute. Except as otherwise provided by law,the Federal awarding agency shall charge interest on an overdue debt in accordance with 4 CFR,Chapter II"Federal Claims Collection Standards"and 31 U.S.C. Chapter 37. O. Modifications within the scope of the agreement shall be made by mutual consent of the parties,by the issuance of a written modification,signed and dated by both parties,prior to any changes being performed. The U.S. Forest Service is not obligated to fund any changes not properly approved in advance. P. Either party,in writing,may terminate this agreement in whole,or in part,at any time before the date of expiration. Neither party shall incur any new obligations for the terminated portion of this agreement after the effective date and shall cancel as many obligations as is possible. Full credit shall be allowed for each party's expenses and all noncancelable obligations properly incurred up to the effective date of termination. Q. PROHIBITION AGAINST INTERNAL CONFIDENTIAL AGREEMENTS: All non federal government entities working on this agreement will adhere to the below provisions found in the Consolidated Appropriations Act,2016,Pub.L. 114-113, relating to reporting fraud,waste and abuse to authorities: (a) The recipient may not require its employees, contractors, or subrecipients seeking to report fraud,waste,or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting them from lawfully reporting that waste,fraud,or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The recipient must notify its employees,contractors,or subrecipients that the prohibitions and restrictions of any internal confidentiality agreements inconsistent with paragraph(a)of this award provision are no longer in effect. (c) The prohibition in paragraph(a)of this award provision does not contravene requirements applicable to any other form issued by a Federal department or agency governing the nondisclosure of classified information. (d) If the Government determines that the recipient is not in compliance with this award provision,it: (1)Will prohibit the recipient's use of funds under this award,in accordance with sections 743,744 of Division E of the Consolidated Appropriations Act,2016,(Pub.L. 114-113)or any successor provision of law; and Page 7 of 9 (Rev.9-15) i t USDA,Forest Service OMB FS96AZ17 111 FS•1500-8 i (2)May pursue other remedies available for the recipient's material failure to comply with award terms and conditions. R. This agreement in no way restricts the U.S.Forest Service or Cooperator from participating in similar activities with other public or private agencies,organizations,and individuals. i S. In accordance with Executive Order(EO) 13513, "Federal Leadership on Reducing Text Messaging While Driving," any and all text messaging by Federal employees is banned: a)while driving a Government owned vehicle(GOV)or driving a privately owned vehicle(POV)while on official Government business;or b)using any electronic equipment supplied by the Government when driving any vehicle at any time.All l cooperators,their employees,volunteers,and contractors are encouraged to adopt and enforce policies that ban text messaging when driving company owned,leased or rented vehicles,POVs or GOVs when driving while on official Government business or when performing any work for or on behalf of the Government. T. Any information furnished to the U.S. Forest Service under this agreement is subject to the Freedom of Information Act(5 U.S.C.552). U. This agreement is executed as of the date of the last signature and,unless sooner terminated,shall be effective for a period of five years through September 30,2023. V. By signature below,each party certifies that the individuals listed in this document as representatives of the individual parties are authorized to act in their respective areas for matters related to this agreement. In witness whereof,the parties hereto have executed this agreement as of the last date written below. CASEY SALISBURY,Sheriff Date Mason County RETA LAFORD,Forest Supervisor Date U.S.Forest Service,Olympic National Forest Page 8 of 9 (Rev.9-15) i USDA,Forest Service OMB 0596-0017 FS-1500-B KEVIN SHUTTY Date County Chair JOHN BYAS,Special Agent in Charge Date USDA Forest Service,Pacific Northwest Region The authority and format of this agreement have been reviewed and approved for signature. 1 AMY VERELLEN Date i U.S.Forest Service Grants Management Specialist Burden Statement According to tha Paperwork Reduction Act of 1995,an agency may not conduct or sponsor,and a person Is not required to respond to a collection of Information unless it displays a val'.d OMB control number. The valid OMB control number for this Information collection is 0556-0217. The time requited to complete this Inforrnalion collection Is estimated to average 3 hours per response,including the time for revtewing instructions,searching existing data sources,gathering and malntalning thedats needed,and oompstfng and revlawing the collection of Information. In accordance with Federal dd rights law and U.S.Department of Agriculture(USDA)dvll rights regulations and policies,the USDA,Its Agencies,offices,and employees,and institutions participating In or administering USDA programs are prohlblied from disatminating based on race,color,nattenal origin,re%lon,sex, gender identtty(Including gender expression),sexual orientation,disability,age,mantel status,family/parental status,Income derived from a public assistance program,political beliefs,or reprisal or retaliation for priorcivil rights adft In any program or ac"conducted or funded by USDA(not all basss apply to all programs).Remedies and complaint filing deadlines vary by program or incident Persons wt dlsebMes who require alternative means of commWeatlon for program Information(e.g.,Braille,large print,sudlotape,American Sign Language, etc.)should contact the responsible Agency or USDA's TARGET Center at(202)720-2600(voice and TTY)or contact USDA through the Federal Relay Service at(800)877-8339.Additionally,program Information may be made available In languages other than English. To file a program discrimination complaint,complete the USDA Program Dlscdmination Complaint Form,AM27,found online at How to File a Program Dlscrlminetlon Complaint and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form.To requests copy of the complatnt form,call(866)632-9992.Submit your completed form or letter to USDA by:(1)mall:U.S,Department of Agriculture,Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D,C. 20250-9410; (2) tax: (202) 630-7442; or (3) email; program,intake@usda.gov.USDA Is an equal opportunity provider,emp"r,and lender. Page 9 of (Rev.9-15) 3 IIS USDA,Forest Service OMB 0596.0217 F5.1500-8A f FS Agreement No. 19-LE-1 1060900- Cooperator Agreement No. EXHIBIT A COOPERATIVE LAW ENFORCEMENT ANNUAL OPERATING PLAN & I FINANCIAL PLAN ' Between MASON COUNTY SHERIFF'S OFFICE And the USDA,FOREST SERVICE r OLYMPIC NATIONAL FOREST 2019 ANNUAL OPERATING AND FINANCIAL PLAN This Annual Financial and Operating Plan(Annual Operating Plan), is hereby made and entered into by and between Mason County Sheriff's Office,hereinafter referred to as"Cooperator,"and I' the USDA,Forest Service, Olympic National Forest,hereinafter referred to as the"U.S. Forest ! Service,"under the provisions of Cooperative Law Enforcement Agreement# executed on ' This Annual Operating Plan is made and agreed to as of the last date signed below and is for the estimated period beginning May 24, 2019 and ending September 30,2019. Current Fiscal Year Obligation: $12,000.00 FY19 Total Annual Operating Plan: $12,000.00 1. GENERAL: A. The following individuals shall be the designated and alternate representative(s)of each party,so designated to make or receive requests for special enforcement activities. Principal Cooperator Contacts: Cooperator Program Contact Cooperator Administrative Contact Casey Salisbury, Sheriff Jason Dracobly, Chief Deputy Mason County Sheriff's Office Mason County Sheriff's Office 322 N Yd St. 322 N 3"St. PO Box 1037 PO Box 1037 Shelton, WA 98584 Shelton, WA 98584 Phone: 360-427-9670 ext. 313 Phone: 360-427-9670 ext. 326 Email:caseys(u,co.mason.wa.us Email:jdracoblynq.co.mason.wa.us Page 1 of 7 (Rev. 12-13) USDA,Forest Service OMD 0596-0217 PS-]500-8A Principal U.S. Forest Service Contacts: U.S. Forest Service Program Manager U.S.Forest Service Administrative Contact Contact James V. Griffin,Patrol Captain Cindy Orlando,Program Assistant Mt.Baker-Snoqualmie National Forest Mt. Baker-Snoqualmi e National Forest 2930 Wetmore Ave. Ste. 3A 2930 Wetmore Ave. Ste. 3A Everett, WA 98201 Everett, WA 98201 Phone: (425)783-6090 Phone: (425) 783-6092 f Email:james.griffin(a,usda.bov Email: cindy.orlandoDausda.goy } U.S.Forest Service Agreement Contact Amy Verellen, Grants Management Specialist 215 Melody Lane, Wenatchee, WA, 98801 Phone: (509) 664-9231 Email:amy.yerellenribusda.-ov B. Reimbursement for all types of enforcement activities shall be at the following rates unless specifically stated otherwise: Cooperator provided full-time deputy from May 24,2019 through September 30,2019, at an overtime rate not to exceed$77.16 per hour (Including wages, benefits,vehicle costs,administrative costs). II. PATROL ACTIVITIES: A. Time schedules for patrols will be flexible to allow for emergencies,other priorities,and day-to-day needs of both Cooperator and the U.S. Forest Service. Ample time will be spent in each area to make residents and visitors aware that law enforcement officers are in the vicinity. Cooperator will provide a fully commissioned Deputy from May 24, 2019,through September 30,2019, whose primary assignment is the Olympic National Forest inside the boundaries of Mason County, Washington. Particular attention will be given to those places utilized by the visiting public,such as,administered recreation sites, dispersed recreation sites,buildings and boat launching facilities in the Lake Cushman area. B. Within staffing capabilities,additional Deputies shall be dispatched to unforeseen situations upon request of the U.S. Forest Service. C. The Cooperator will assign one fully commissioned Deputy with a fully equipped and marked Mason County Sheriff's Office vehicle,suitable for patrol of Forest areas. Page 2 of 7 (Rev. 12-13) i USDA,Forest Service OMB 0596.0217 FS-1500-8A I D. Ample time will be spent in each area to make Forest users aware that Law Enforcement Officers are in the vicinity.Timely reports and/or information relating to ' incidents or crimes that have occurred on National Forest System(NFS)lands should be provided to the U.S. Forest Service as soon as possible. E. Any known or reported incidents including contacts,investigations,citations, custodies, searches,etc.,occurring on NFS lands shall be documented on a Daily Activity Report. The U.S.Forest Service will supply Cooperator with these forms which will be forwarded quarterly,to the attention of James V. Griffin,Patrol Captain. F. Assigned Deputies will complete Daily Activity Reports denoting hours worked,location and type of activity to assure patrols are consistent with Agreement priorities.This documentation should be submitted with reimbursement requests. G. A completed Form FS 5300-5, Cooperative Law Enforcement Activity Report,shall be furnished to the U.S.Forest Service on a quarterly basis,identifying the number of crines occurring on National Forest System(NFS)lands. The report shall follow the FBI Uniform Crime Reporting Groupings,Part I and II Offenses.Offense and arrest information shall be combined and reported for each crime. The report shall separate the crimes handled under the cooperative agreement from those handled by the County during regular duties. A copy of each Motor Vehicle Collision Report occurring on NFS lands and roads, including photos of the crash site depicting all vehicles involved,any property damage, road conditions and applicable road signs shall be provided to the U.S.Forest Service.All motor vehicle accidents shall be reported by phone to the local U.S.Forest Service Law Enforcement Officer as soon as possible. H. Cooperator shall notify the U.S.Forest Service as soon as possible of all search and rescues occurring on NFS lands. Deputies assigned to this agreement can perform preliminary search and rescue duties,but Cooperator shall furnish another Deputy for lengthy missions. I. The Cooperator will provide law enforcement coverage on Friday, Saturday, Sunday,and Holidays from Memorial Day to Labor Day weekends.Patrols can be variable within the Stated time frames to adjust to demand. Page 3 of 7 (Rev. 12-13) USDA,Forest Service OM FS-1500-SA Suggested shifts for optimal coverage: SHIFT FRIDAY SATURDAY SUNDAY HOLIDAY" Morning X X X 0600-1000 Afternoon X X X 1400-1800 NightX X July 4 only 2000-2400 ::L ** Holidays include Memorial Day,4 of July,and Labor Day COOPERATIVE PATROL AREAS: 1. Patrol on following U.S. Forest Service roads: IPS RD 24 from Hwy 119 to the National Park Service boundary FS RD 2451 2. Patrol in the following campgrounds,developed sites,or dispersed areas: Big Creek Campground Mt.Rose Trailhead Dry Creek Trailhead Lakeshore Day Use sites Bear Gulch Picnic Area Big Rock Dry Creek Trailhead Mt.Ellinor Total reimbursement for this category shall not exceed the amount of: $12.000.00. III. TRAINING: See Cooperative Law Enforcement Agreement Provision IV Kfor additional information. Total reimbursement for this category shall not exceed the amount of: $0.00 IV. EQUIPMENT: See Cooperative Law Enforcement Agreement Provisions IV-K, IV-L, and IV--Mfor additional information. Total reimbursement for this category shall not exceed the amount of. $0.00 V. SPECIAL ENFORCEMENT SITUATIONS: Page 4 of 7 (Rev. 12-13) i USDA,Forest Service OMB 0596.0217 Fs-1500 an A. Special Enforcement Situations include but are not limited to:Fire Emergencies,Drug Enforcement,and certain Group Gatherings. B. Funds available for special enforcement situations vary greatly from year to year and must be specifically requested and approved prior to any reimbursement being authorized. Requests for funds should be made to the U.S.Forest Service designated representative listed in Item I-A of this Annual Operating Plan. The designated representative will then notify the Errorl Reference source not found.whether funds will be authorized for reimbursement. If funds are authorized,the parties will then jointly prepare a revised Annual Operating Plan. 1. Drug Enforcement: This will be handled on a case by case basis. The request will normally come from the patrol Captain; however,it may come from the Special Agent in Charge or their designated representative.Reimbursement shall be made at the rates specified in Section I-B.Deputies assigned to the incident will coordinate all of their activities with the designated officer in charge of the incident. 2. Fire Emergency: During emergency fire suppression situations and upon request by the Forest Service pursuant to an incident resource order,the Cooperator agrees to provide special services beyond those provided under Section II-A, within the Cooperator's resource capabilities,for the enforcement of State and local laws related to the protection of persons and their property. The Cooperator will be compensated at the rate specified in Section I-B;the Forest Service will specify times and schedules.Upon concurrence of the local patrol Captain or their designated representative, an official from the Incident Management Team managing the incident, Cooperator personnel assigned to an incident where meals are provided will be entitled to such meals. 3. Group Gatherings: This includes but is not limited to situations which are normally unanticipated or which typically include very short notices,large group gatherings such as rock concerts,demonstrations,and organization rendezvous. Upon authorization by a Forest Service representative listed in Section I-A for requested services of this nature,reimbursement shall be made at the rates specified in Section I-B. Deputies assigned to this type of incident will normally coordinate their activities with the designated officer in charge of the incident. This includes but is not limited to situations which are normally unanticipated or which typically include very short notice,large group gatherings such as rock concerts, demonstrations,and organizational rendezvous. VI. BILLING FREQUENCY: Page 5 of 7 (Rev. 12-13) OMI;0596-0217 U�S USDA,Forest Service PS-1500-8A See Cooperative Law Enforcement Agreement Provisions II-H and III-B for additional information. A. The Cooperator will submit invoices for reimbursement of services provided under Section II of this agreement monthly or quarterly, at the discretion of the Cooperator. 7 USDA Forest Service Albuquerque Service Center Payments—Grants and Agreements 101 B Sun Avenue NE Albuquerque,NM 87109 EMAIL: asc ga@fs.fed.us Invoices may also befaxed to: 1-877-687-4894 FAX coversheet should be addressed to: USDA Forest Service ASC—Payments—Grants and Agreements B. The Cooperator will prepare an itemized statement for each invoice submitted to the Albuquerque Service Center. The statement will be in sufficient detail to allow the U.S. Forest Service to verify expenditures authorized under Section I1. The itemized statement for reimbursement will also include the following information: 1. Areas patrolled and miles traveled on NFS lands. 2. Person-hours worked in NFS patrol areas. 3. Copies of completed Daily activity Reports. 4. Copies of invoice submitted. The statement should also be sent to the following address: USDA Forest Service Mt. Baker-Snoqualmie&Olympic NF 2930 Wetmore Avenue, Suite 3A Everett, WA 98201 Attn: James V. Griffin,Patrol Captain Email: iames.t;riiTn@usda.goy Email:cindy.orlando(a7usda.gov (preferred method) C. The Cooperator will be listed and maintain currency in the System for Award Management(SAM)database accessible through the internet at http://www.sam.iJov. The Cooperator will notify the SAM and U.S. Forest Service of any changes of their applicable account numbers or banking information to help ensure prompt payment. Page 6 of7 (Rev. 12-13) f USDA,Forest Service OMB 0596-0217 1'S•1500•t!A J The following is a breakdown of the total estimated costs associated with this Annual 1. Operating Plan. Category Estimated Costs Not to Exceed b % Patrol Activities $12,000.00 N/A Training $0.00 N/A Equipment $0.00 N/A Special Enforcement Situations $0.00 N/A Total $12,000. 0 N/A D. Any remaining funding in this Annual Operating Plan may be carried forward to the next fiscal year and will be available to spend through the term of the Cooperative Law Enforcement Agreement,or deobligated at the request of the U.S. Forest Service.See Cooperative LmU Enforcement Agreement Provision IV-D. I These terms and conditions are incorporated and made part of the referenced agreement. 1 Burden Statement According to the Paperwork Reduction Act of 1945,an agency may not conduct or sponsor,and a person is not required to respond to a collection of Informal on unless It displays a valid OMB control number. The valid OMB control number for this Information collection Is 0596-0217. The time required to complete this informatfon collection is estimated to average 3 hours per response,Indudfng the time for reviewing Instructions,searching existing data sources,gathering and malntalning the data needed,and comp;Ong and revlewing the collection of information. ' I I The U.S.Depatmnt of Agriculture(USDA)prohibitsdlscximinatlon in all its programs and activities an the basis of race,color,national erg n,age,dlsability,and where applicable,sex,marital status,famiflel status,parental status,religion,sexual orientation,genetic informatlon,political beliefs,reprisal,or because ell or part of an Individual's Income is derived from any public assistance. (Not all prohiblted bases apply to all programs,) Persons wtth disabilities who require alterative means for communication of program Information(Braille,large print,audiotape,etc.)should contact USDA's TARGET Center el 202-720-2600(voice and TDD). To file a complaint of discrimination,write USDA,Director,office o1 Cull Rights,1400 independence Avenue,SW,Washington,DC 202549410 or call toll free (668)632-9992(voice). TDD users can contact USDA through local relay or the Federal relay at(BOO)877-8339(TDD)or(866)377$642(relay vcice), USDA is an equal opportunity providerand employer, i Page 7 of 7 (Rev. 12-13) i United States Marshals Service Violent Offender Task Force-Memorandum of Understanding Rev. 10/2018 PARTIES AND AUTHORITY: This Memorandum of Understanding(MOU)is entered into by the Mason County Sheriffs Office and the United States Marshals Service(USMS)pursuant to 28 U.S.C.§566(e)(1)(B).As set forth in the Presidential Threat Protection Act of 2000 and directed by the Attorney General,the USMS has been granted authority to direct and coordinate permanent USMS Violent Offender Task Forces consisting of Federal,state,and local law enforcement authorities for the purpose of Iocating and apprehending fugitives.The authority of the USMS to investigate fugitive matters as directed by the Attorney General is set forth in 28 USC§566.The Director's authority to direct and supervise all activities of the USMS is set forth in 28 USC§561(g) and 28 CFR 0.111.The authority of United States Marshals and Deputy U.S.Marshals,"in executing the laws of the United States within a State...[to]exercise the same powers which a sheriff of the State may exercise in executing the laws thereof'is set forth in 28 USC§564.Additional authority is derived from 18 USC§3053 and Office of Investigative Agency Policies Resolutions 2&I5. (See also)"Memorandum for Howard M.Shapiro,General Counsel,Federal Bureau of Investigation"concerning the"Authority to Pursue Non-Federal Fugitives",issued by the U.S.Department of Justice,Office of Legal Counsel,dated February 21, 1995.(See also)Memorandum concerning the Authority to Pursue Non-Federal Fugitives,issued by the USMS Office of General Counsel,dated May,1,1995.(See also)42 U.S.C.§ 16941(a)(the Attorney General shall use the resources of federal law enforcement,including the United States Marshals Service,to assist jurisdictions in locating and apprehending sex offenders who violate sex offender registration requirements). MISSION: The primary mission of the task force is to investigate and arrest,as part of joint law enforcement operations,persons who have active state and federal warrants for their arrest.The intent of the joint effort is to investigate and apprehend local,state and federal fugitives,thereby improving public safety and reducing violent crime. Each participating agency agrees to refer cases for investigation by the VOTF(Violent Offender Task Force).Cases will be adopted by the VOTF at the discretion of the District Chief Deputy.Targeted crimes will primarily include violent crimes against persons, weapons offenses,felony drug offenses,failure to register as a sex offender,and crimes committed by subjects who have a criminal history involving violent crimes,felony drug offenses,and/or weapons offenses.Upon receipt of a written request,the VOTF may also assist non-participating law enforcement agencies in investigating,locating and arresting their fugitives.Task force personnel will be assigned federal,state,and local fugitive cases for investigation.Investigative teams will consist of personnel from different agencies whenever possible.Participating agencies retain responsibility for the cases they refer to the VOTF. I Federal fugitive cases referred to the task force for investigation by any participating agency will be entered into the National Crime Information Center(NCIC)by the USMS or originating agency,as appropriate.State or local fugitive cases will be entered into i NCIC(and other applicable state or local lookout systems)as appropriate by the concerned state or local agency. SUPERVISION: The VOTF will consist of law enforcement and administrative personnel from federal,state,and local law enforcement agencies. Agency personnel must be approved by the District Chief Deputy prior to assignment to the VOTF.Agency personnel may be removed at any time at the discretion of the District Chief Deputy. j Direction and coordination of the VOTT shall be the responsibility of the USMS District Chief Deputy.Administrative matters which are internal to the participating agencies remain the responsibility of the respective agencies.Furthermore,each agency retains responsibility for the conduct of its personnel. A Task Force Advisory Committee,consisting of representatives of participating agencies and USMS district personnel,may be established at the discretion of the District Chief Deputy and will meet and confer as necessary to review and address issues concerning operational matters within the VOTF. I Page 1 of 3 Rev. 10/2018 i 1 PERSONNEL: In accordance with Homeland Security Presidential Directive 12,personnel assigned to the task force are required to undergo background investigations in order to be provided unescorted access to USMS offices,records,and computer systems.The USMS shall bear the costs associated with those investigations.Non-USMS law enforcement officers assigned to the task force will be deputized as Special Deputy U.S.Marshals. .Task force personnel may be required to travel outside of the jurisdiction to which they are normally assigned in furtherance of task force operations.State or local task force officers(TFOs)traveling on official business at the direction of the USMS shall be reimbursed directly by the USMS for their travel expenses in accordance with applicable federal laws,rules,and regulations. REIMBURSEMENT: If the Marshals Service receives Asset Forfeiture funding for either 1)overtime incurred by state and local investigators who provide full time support to USMS VOTF joint law enforcement task forces;or 2)travel,training,purchase or lease of police vehicles,fuel, supplies or equipment for state and local investigators in direct support of state and local investigators,the USMS shall,pending availability of funds,reimburse your organization for expenses incurred,depending on which category of funding is provided. Reimbursement of overtime work shall be consistent with the Fair Labor Standards Act.Annual overtime for each state or local law enforcement officer is capped at the equivalent of 25%of a GS-1811-12,Step 1,of the general pay scale for the Rest of United States.Reimbursement for all types of qualified expenses shall be contingent upon availability of funds and the submission of a proper request for reimbursement which shall be submitted quarterly on a fiscal year basis,and which provides the names of the investigators who incurred overtime for the VOTF during the quarter;the number of overtime hours incurred,the hourly regular and overtime rates in effect for each investigator,and the total quarterly cost. The request for reimbursement must be submitted to the District Chief Deputy,who will review the request for reimbursement,stamp i and sign indicating that services were received and that the request for reimbursement is approved for payment.Supporting } documentation must accompany requests for reimbursement for equipment,supplies,training,fuel,and vehicle leases. VEHICLES: Pending the availability of asset forfeiture funding,the USMS may acquire vehicles to be utilized by state and local investigators assigned to the VOTF.Vehicles provided by the USMS remain in the control of the USMS and must be used solely in support of VOTF operations.The vehicles must be available for exclusive use of the TFOs assigned to the VOTF by the undersigned participant agency for the duration of the agency's participation on the task force.If the agency is no longer a participating member of the VOTF,any USMS vehicle provided to the agency for use by TFO(s)must be returned to the USMS. Operators of USMS-provided vehicles must adhere to USMS policy regarding the use of government owned vehicles.Any violation of the USMS vehicle policy may result in the vehicle being repossessed by the USMS and the operator and/or agency forfeiting the opportunity to utilize a USMS-provided vehicle in the future. Vehicles provided to state and local investigators may be subject to additional regulations or restrictions pursuant to USMS lease agreements. Replacement or removal of any vehicle provided by the USMS will be at the discretion of the USMS and/or subject to lease agreement terms. EQUIPMENT: Pending the availability of Asset Forfeiture funding,the USMS may purchase equipment for state and local investigators assigned to the VOTF. Equipment purchased by the USMS using Asset Forfeiture funding must be used solely in support of VOTF operations. The equipment must be available for exclusive use of the TFOs assigned to the VOTF by the undersigned participant agency for the duration of the agency's participation on the task force. If the agency is no longer a participating member of the VOTF,any equipment purchased with Asset Forfeiture and provided to TFOs from the agency may be retained by the agency. Equipment provided by the USMS that is not purchased using Asset Forfeiture funding remains the property of the USMS and will be issued to state and local investigators for exclusive use in support of the VOTF. If the investigator or agency is no longer a participating member of the VOTF,any equipment issued that was not purchased with Asset Forfeiture funding will be returned to the USMS. RECORDS AND REPORTS: Original reports of investigation,evidence,and other investigative materials generated,seized,or collected by the VOTF shall be retained by the agency in the VOTF responsible for the case.However,evidence may be turned over to other law enforcement agencies as appropriate.Copies of investigative reports and other materials may be provided to other agencies in accordance with applicable laws,rules,and regulations.Task force statistics will be maintained in the USMS Mission System.Statistics will be made available to any participating agency upon request. Page 2 of 3 Rev. 10/2018 t CONFIDENTIAL SOURCES/CONFIDENTIAL INFORMANTS: Pending the availability of funds,the USMS may provide funding for payment of Confidential Sources(CS)or Confidential Informants(CI).The use of CS/CIs,registration of CS/Cls and all payments to CS/Cls shall comply with USMS policy. USMS payment to an individual providing information or"tip"related to a USMS offered reward on an active Fugitive case shall be accomplished by registering the individual or"tipster"through the established USMS CS payment process. USE OF FORCE: All members of the VOTF will comply with their agencies'guidelines concerning the use of firearms,deadly force,and less-than lethal devices,to include completing all necessary training and certification requirements.All members of the VOTF and their parent agencies will read and adhere to the DOJ Policy Statement on the Use of Less-Than-Lethal Devices,dated May 16,2011.Copies of all applicable firearms,deadly force,and less-than-lethal policies shall be provided to the District Chief Deputy and each concerned TFO.In the event of a shooting involving task force personnel,the incident will be investigated by the appropriate agency(s). Additionally,in the event of a shooting,the required reporting for the FBI National Use of Force Data Collection(NUOFDC)should be accomplished by the involved task force personnel's employing agency when the TFO is inside their primary/physical jurisdiction and by the USMS when the TFO is outside their employing agency's primary/physical jurisdiction.If the employing agency wishes to submit such NUOFDC entries regardless of the physical location of the event,that is allowed under this MOU with prior written notice to the USMS. NEWS MEDIA: Media inquires will be referred to the District Chief Deputy.A press release may be issued and press conference held,upon agreement and through coordination with participant agencies'representatives.All press releases will exclusively make reference to the task force. i RELEASE OF LIABILITY: Each agency shall be responsible for the acts or omissions of its employees.Participating agencies or their employees shall not be considered as the agents of any other participating agency.Nothing herein waives or limits sovereign immunity under federal or state statutory or constitutional law. EFFECTIVE DATE AND TERMINATION: This MOU is in effect once signed by a law enforcement participant agency.Participating agencies may withdraw their participation after providing 30 days advanced written notice to the District Chief Deputy U.S.Marshal. District: Wastern District of Washington United States Marshal: Print Name: Signature: Date: Jacob Green Participant Agency: Name: Phone: Mason County Sheriffs Office 360427-9670 x 313 Location(City and State): Shelton WA 98584 Participant Agency Representative(s): Print Name and Title: Signature! Date: JasonDracoblY>Chief De u n Jason Dracobly Dk&nysipMbyJx0"D—Wy 2/11/2019 Dale:1019A2110"7:294AW Assistant Director,Investigative Operations Division: Print Name: Signature: Date: JeffTyler Page 3 of 3 Rev. 10/2018