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HomeMy WebLinkAbout2019/04/16 - Regular Packet April 16.2 BOARD OF MASON COUNTY COMMISSIONERS DRAFT MEETING AGENDA Commission Chambers — 9:00 a.m. 411 North Fifth Street, Shelton WA 98584 April 16, 2019 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Correspondence and Organizational Business 4.1 Correspondence 4.2 Mason Transit programs-Kathy Geist 5. Open Forum for Citizen Input ( 3 minutes per person, 15 minutes time limit) If you wish to address the Commission, raise your hand to be recognized by the Chair. When you have been recognized, please step up to the microphone and give your name and address before your comments.The Mason County Commission is committed to maintaining a meeting atmosphere of mutual respect and speakers are encouraged to honor this principle. 6. Adoption of Agenda Items appearing on the agenda after"Item 10. Public Hearings", may be acted upon before 9:15 a.m. 7. Approval of Minutes — April 1, 2019 Briefing Minutes 8. Approval of Action Agenda: All items listed under the"Action Agenda"may be enacted by one motion unless a Commissioner or citizen requests an item be removed from the Action Agenda and considered as a separate item. 8.1 Approval to set a public hearing on Tuesday, May 7, 2019 at 9:15 a.m. to consider the sale of parcel no. 32105-50-23000, E Hyland Drive, Union. 8.2 Approval of the Cooperative Law Enforcement Agreement between the Mason County Sheriff's office and the U.S. Forest Service. 8.3 Approval of the Community Development all staff meeting and training on Friday, April 26th and approval to provide lunch and refreshments to staff. The approval includes closing Community Services to the public; A news release will be disbursed. 8.4 Approval of the extra duty overtime contract between the Mason County Sheriff's Office and the Shelton Skookum Rotary Club Foundation for Oysterfest. 8.5 Approval to sign a letter of no objection to the Special Occasion Liquor License application for the North Mason Coalition of Churches and Community, for a Potato Bake Fundraiser being held May 7, 2019. 8.6 Approval to sign Contract #K2676 between the Washington State Department of Agriculture and Mason County Noxious Weed Control Board. Agendas are subject to change,please contact the Commissioners'office for most recent version. This agenda was last printed on 04/15/19 3:25 PM. If special accommodations are needed,contact the Commissioners'office at ext.419,Shelton#360-427-9670;Belfair #275-4467,Elma#482-5269. MASON COUNTY COMMISSIONERS' MEETING AGENDA April 16, 2019— PAGE 2 8.7 Approval of the contract amendment between the Mason County Sheriff's Office and Healthcare Delivery Systems through December, 2019. 8.8 Approval to amend contract CH-2018.4 with Crossroads Housing for an additional $2,500 to bridge rental assistance funds through June 30, 2019. 8.9 Approval of Warrants &Treasure Electronic Remittances Claims Clearing Fund Warrant #s 8063522-8063695 $ 649,167.49 Direct Deposit Fund Warrant #s 57940-58322 $ 679,299.34 Salary Clearing Fund Warrant #s 7004339-7004375 $ 950,470.46 8.10 Approval of the January 2019-December 2021 Collective Bargaining Agreement(CBA)for Teamsters Local No. 252 representing Mason County Appraisers Unit. 8.11 Approval to enter into contract negotiations with KMB Architects to determine a scope of work, schedule, deliverables and price for Architectural and Engineering Services for various Mason County buildings, specifically for Building #10, 414 Franklin Street, Shelton. 8.12 Approval to enter into contract negotiations with KMB Architects to determine a scope of work, schedule, deliverables and price for Architectural and Engineering Services, consulting services to develop a study document to guide the development of a Regional Jail Facility as well as an analysis of existing conditions at each facility and options for upgrades. 9. Other Business (Department Heads and Elected Officials) 10. 9:15 a.m. Public Hearings and Items Set for a Certain Time 10.1 Public Hearing to declare parcel no's 42002-13-90030, 42002-13-90060, 42002-13-90040, 42002-13-90070, 42002-13-90050 and 42002-13-90080 as surplus. 11. Board's Reports and Calendar 12. Adjournment J:\AGENDAS\2019\2019-04-16 REG.doc (2) MASON COUNTY TO: BOARD OF MASON COUNTY COMMISSIONERS Reviewed: FROM: Jennifer Giraldes Ext. 380 DEPARTMENT: Support Services Action Agenda DATE: April 16, 2019 No. 4.1 ITEM: Correspondence 4.1.1 Mason County Democrats sent in a letter regarding I-1639. Attachments: Originals on file with the Clerk of the Board. cc: CMMRS Neatherlin, Shutty &Trask Clerk NUSON COUNTY DEMOCRATS, PO Box 1272, Shelton WA 98584 Web site: www.masoncountydemocrats.org April 1, 2019 Mason County Commissioners RECEIVED 411 N 5th St Shelton WA 98584 APR 04 2019 Mason County Commissioners Dear Sirs and Madam; The Central Committee of Mason County Democrats wishes to express to you our disappointment in your actions opposing enforcement of 1-1639. You all took an oath to "...support the Constitution and laws of the United States and the State of Washington...and faithfully and impartially discharge the duties of this office." The initiative process is a legitimate means of enacting laws in Washington State. It is your job to support the new law. The Constitution assigns responsibilities to three co-equal branches of government. The courts are assigned the responsibility of determining the constitutionality of laws, not County Commissioners, not Legislators, not Sheriffs. Please, understand that we Democrats expect you to impartially and faithfully support our laws, whether written by the People or by their Representatives. Respectfully Yours, Jaw X(t /11"1 'C&0 Sandra Giachino Chair, Mason County Democrats 0aik cc �'j'1 c BOARD OF MASON COUNTY COMMISSIONERS' BRIEFING MINUTES Mason County Commission Chambers,411 North 5th Street,Shelton,WA Week of April 1,2019 Monday,April 1,2019 9:00 A.M. Support Services—Frank Pinter Commissioners Shutty,Trask and Neatherlin were in attendance. • Application from William Bezanson for the Lewis-Mason-Thurston Area Agency on Aging Advisory Council for the one vacant position. The Commissioners asked that an interview be scheduled. • Resolution will be placed on the agenda naming the Shelton-Mason County Journal as the official County newspaper. • Proclamation for National County Government Month—April 2019 will be placed on the agenda. • There is a vacancy on Cemetery District 1 and a news release will be issued asking for applicants. • Status of offer to purchase surplus property at Bucktail View. The Commissioners do not want to lower the price below the$140,000 and the hearing is continued to April 8. • Offer on surplus property located at E Port Townsend Street,Union. The Board agreed to counter offer at$13,000. • Approval of Hold Harmless Agreement with Michelle Williams will be placed on the agenda. • Discussion of Unusual Weather Conditions/Extreme Circumstances Policy. The current policy states that employees must use the appropriate leave if the County is closed due to an extreme condition although the County has not required employees to use leave when the County has closed,such as the recent snow storm. Public Works exempt employees receive a$200 call out stipend in their regular pay. The Commissioners directed Frank to provide a comprehensive review of all exempt employees. Cmmr.Neatherlin suggested amending the policy to state that paid leave may be granted when the County closes,at the Commissioners discretion. This item will be briefed again. • Frank provided information for Elected Official salary options including how to form a local citizen's salary commission. This will be brought back for further discussion. • MOU with AFSCME to address Janus is on the agenda for approval. • Cmmr.Trask would like to explore ways to address the garbage issues in the county. Dave Windom joined the briefing and shared information on how Montana deals with the issue. They charge a$65 per household and provide free dumpsters around the counties for free dumping. Only commercial haulers pay tipping fees. Cmmr. Shutty suggested partnering with private landowners to fund a pilot program to place dumpsters around the county. • The Commissioners asked staff to contact the City of Shelton to schedule a joint meeting. 10:00 A.M. Community Services—Dave Windom Commissioners Shutty,Trask and Neatherlin were in attendance. • Permission to issue a request for proposals for affordable housing funded with Local Document Recording Fees and Treatment Sales Tax. Dave stated they continue to work with Homes First. Cmmr. Shutty will provide information on potential funding for recovery housing. The Board is good with issuing the RFP. • Todd reported there is about$96K available for a Youth Homeless program.How the program is administered needs to be determined. Cmmr.Neatherlin brought up a self-help housing program that functions much like Habitat for Humanity. • Lead Plans Examiner position request to create,post and fill was approved. • Review of March 2019 permit activity report. Dave reported they are regularly receiving solid waste complaints and he would like to review the solid waste process. • Dave shared information on State funding for public health. • Travel policy—Dave is proposing to change the policy so that if an employee takes their personal policy and a county vehicle is available,the employee would only be reimbursed at half the mileage rate. Paige Hansen,Auditor's Office/Financial,voiced concerns from an auditing standpoint. There is no savings for short term ER&R rental versus the mileage reimbursement Board of Mason County Commissioners'Briefing Meeting Minutes April 1,2019 rate.The Commissioners asked the Audit Committee to review this request and bring back to the Commissioners. 10:30 A.M. Public Works—Jerry Hauth Utilities&Waste Management Commissioners Shutty,Trask and Neatherlin were in attendance. • Public Works staff along with Michele Britton,WSDOT,will be on the April 3 Daybreak program and on April 5 will be on Q 13 news for Skokomish Story. • Request from Port of Allyn regarding speed limit change. Staff has met with Port of Allyn and will bring back recommendations. • Staff will be meeting with Green Diamond regarding issuing an annual permit. • Staff will attend the annual Chamber of Commerce luncheon and share information on upcoming road projects. • Cmmr.Neatherlin asked staff to look into the Transfer Stations taking construction debris. 10:45 A.M. Sheriff—Chief Dracobly Commissioners Shutty,Trask and Neatherlin were in attendance. • Chief Dracobly presented several overtime contracts with the Skokomish Indian Tribe, Timberlakes Community,USDA/Forest Service Olympic National Forest,Lake Cushman Maintenance Company and US Marshals Service Violent Offender Task Force MOU. Chief Dracobly stated some of these were anticipated in the budgets. They are working with Timberlakes and Lake Cushman to fund overtime;they anticipated$20K for each. The Board asked that the contracts be brought forward for their approval. 11:00 A.M. Support Services—Frank Pinter Review Budget Committee recommendations will be rescheduled. Commissioner Discussion Cmmr.Trask provided updates on legislation and the impacts to the County. The meeting adjourned at 11:00 a.m. Respectfully submitted, Diane Zoren,Administrative Services Manager BOARD OF MASON COUNTY COMMISSIONERS Kevin Shutty Randy Neatherlin Sharon Trask Chair Commissioner Commissioner MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Frank Pinter/Melissa Drewry Action Agenda _x_ Public Hearing Other DEPARTMENT: Support Services EXT: COMMISSION MEETING DATE: April 16, 2019 Agenda Item # Commissioner staff to complete) BRIEFING DATE: April 8, 2019 BRIEFING PRESENTED BY: Frank Pinter [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Approval to set a hearing on Tuesday, May 7, 2019 at 9:15 a.m. to consider the sale of parcel 32105-50-23000, E Hyland Drive, Union. BACKGROUND: Parcel No. 32105-50-23000 was originally surplussed in 2014 via Resolution 71-14. The Board has received an offer to purchase this property. RECOMMENDED ACTION: Approval to set a hearing on Tuesday, May 7, 2019 at 9:15 a.m. to consider the sale of surplus parcel no. 32105-50-23000 in the amount of $65,000 to William V. Simmons. ATTACH M E NTS: Purchase and Sale Agreement Counteroffer addendum Resolution 71-14 Notice of Hearing L\Property Mng\Agenda&Briefing Summary\2019\Hyland Drive hearing.doc Authentisign ID:E78DOEA8-442E-4D95-B7F0.7CB4B746EAF2 1 Sim— Form 25 Awww ©Copyright 2017 Vacant Land Purchase&SalerNorthwest Multiple Listing Service Rev.2/17 VACANT LAND PURCHASE AND SALE AGREEMENT ALL RIGHTS RESERVED Page 1 of 5 SPECIFIC TERMS 1. Date: March 13,2019 MLS No.: 1409960 Offer Expiration Date: 3/19/2019 2. Buyer: William V Simmons An unmarried person Buyer Buyer Status 3. Seller: Mason County Seller Seller 4. Property: Legal Description attached as Exhibit A. Tax Parcel No(s).: 321055023000 511 E Hyland Drive Union Mason WA 98592 Address City County State Zip 5. Purchase Price: $48,000.00 Forty-Eight Thousand Dollars 6. Earnest Money: $ 1,000.00 Rf Check; ❑ Note; ❑ Other (held by❑Selling Firm; R1 Closing Agent) 7. Default: (check only one) if Forfeiture of Earnest Money; ❑Seller's Election of Remedies 8. Title Insurance Company: Mason County Title 9. Closing Agent: Mason County Escrow Colleen Reamer Company Individual(optional) 10. Closing Date: 4/15/2019 ; Possession Date: 66 on Closing; ❑Other 11. Services of Closing Agent for Payment of Utilities: ❑ Requested(attach NWMLS Form 22K); 69 Waived 12. Charges/Assessments Levied Before but Due After Closing:❑assumed by Buyer, 9 prepaid in full by Seller at Closing 13. Seller Citizenship(FIRPTA): Seller❑ is; I is not a foreign person for purposes of U.S. income taxation 14. Subdivision:The Property: ❑must be subdivided before ' I is not required to be subdivided 15. Feasibility Contingency Expiration Date: 61 20 days after mutual acceptance; ❑Other 16. Agency Disclosure: Selling Broker represents: ❑ Buyer; Gd Seller, ❑ both parties; ❑ neither party Listing Broker represents: 61 Seller, ❑ both parties 17. Addenda: 221)(Optional Clauses) 22LA(Land/Acreage) 34(Addendum) Autherttislc<r 03/13/2019 � Y �a�s1a1'Ffir4 PDT Date Seller's Signature Date Buyer's Signature Date Sellers Signature Date Buyer's Address Seller's Address City,State,Zip City,State,Zip (360)427-9670 Phone No. Fax No. Phone No. Fax No. bilabus59@gmail.com Buyer's E-mail Address Seller's E-mail Address Richard Beckman Realty Group 4537 Selling Firm MLS Office No. Listing Firm MLS Office No. Richard Beckman 55681 Selling Broker(Print) MLS LAG No. Listing Broker(Print) MLS LAG No. (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. mail@RjchardBeckman.com Selling Firm Document E-mail Address Listing Firm Document E-mail Address rich ard@richardbeckm an.com Selling Brokers E-mail Address Listing Broker's E-mail Address 98421 9628 Selling Broker DOL License No. Selling Finn DOL License No. Listing Broker DOL License No. Listing Firm DOL License No. Authentisign ID:E78DOEA8-442E-0D95-B7F0.7CB4B746EAF2 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 Eamest 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 osin Agent shall close the transaction on the next day that is not a Saturday, Sunday, legal holiday, or day when the 60 03/13/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:E7800EA"2E-4D95-B7F0-7CB4B746EAF2 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 le 1 holiday as defined in RCW 1.16.050, the specified period of time shall expire on the next day that is not a 117 atur y, Sunday or legal holiday. Any specified period of 5 days or less, except for any time period relating to the 118 03/13/2019 Buyer's Initials Date Buyers Initials Date Seller's Initials Date Sellers Initials Date Authentisign ID:E78DOEA8-442E-4D95-B7FO-7CB4B746EAF2 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 parry. 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 directly to the Firm(s). In any action by Listing or Selling Firm to enforce this paragraph,the prevailing party is entitled to 173 r...] 03113/2019 Buyers Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:E78DOEA8-442E-4D95-B7FO-7CB4B746EAF2 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 IV V51 03/13/2019 Buyer's Initials Date Buyers Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:E78DOEA8442EAD95-B7F0.7CB4B746EAF2 Y v Form 22D �r$f+Of�Arc ©Copyright 2017 Optional Clauses Addendum Northwest Multiple Listing Service Rev.2117 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 13,2019 1 between William V Simmons ("Buyer") 2 Buyer Buyer and Mason County ("Seller") 3 Seller Seller concerning 511 E Hyland Drive Union WA 98592 (the"Property"). 4 Address city State Zip CHECK IF INCLUDED: 5 1. 66 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. ❑ 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; ❑ other 40 1WV51 03/13/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID;E78DOEA8-442E-4D95.B7FO-7CB4B746EAF2 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 God 03/13/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:E78DOEA8-442E-4D95-B7F0.7CB4B746EAF2 Form 22 LRA mdftdmm ©Copyright 2010 Land R Acreage Addendum Northwest Multiple Listing Service Rev.7/10 LAND AND ACREAGE ADDENDUM ALL RIGHTS RESERVED Page 1 of 4 The following is part of the Purchase and Sale Agreement dated March 13,2019 1 between William V Simmons ("Buyer") 2 Buyer Buyer and Mason County ("Seller") 3 Seller Seller concerning 511 E Hyland Drive Union WA 98592 (the"Property"). 4 Address city State Zip 1. BUYER ACKNOWLEDGMENTS: If Buyer has any questions regarding the Property, Buyer is advised to make 5 the Agreement subject to relevant inspections, tests, surveys, and/or reports. BUYER ACKNOWLEDGES: 6 a. Buyer has observed and investigated the Property and has reached Buyer's own conclusions as to the 7 adequacy, acceptability, and suitability of the Property and surrounding area, and the feasibility and 8 desirability of acquiring the Property for Buyer's intended use, based solely on Buyers examination of the 9 Property. 10 b. A generally accepted method for identifying boundary lines and verifying the size of the Property is to have 11 the Property surveyed, and corners identified and marked. A survey will confirm that the legal description is 12 accurate and that any presumed fences or other boundary markings are correctly located. Neither the Listing 13 Broker nor the Selling Broker shall be responsible for any discrepancies in boundary lines, information 14 regarding the size of the Property, identification of easements or encroachment problems. 15 c. A generally accepted method for determining whether on-site sewage disposal systems may be installed on 16 the Property is to have tests performed, such as "perc" tests, which are approved by the county for limited 17 time periods. Except as otherwise provided in the Agreement, Buyer assumes the risk that the Property is 18 suitable for any needed on-site sewage disposal system and related equipment. 19 d. A generally accepted method for determining water quality from any well or other water delivery system is to 20 have tests conducted by professionals certified by the Department of Ecology for items such as bacteria and 21 nitrates, and a generally accepted method for determining water quantity produced by a well is to have a test 22 conducted by experts to determine gallons per minute. Buyer understands that the results of such tests only 23 provide information regarding water quality or quantity at the time of the test(s) and provide no representation 24 or guarantee that results will not change or vary at other times. 25 e. If the Property is currently taxed at a reduced rate because a special classification such as open space, 26 agricultural, or forest land, and Buyer is to continue that use, Buyer understands approval from the county will 27 need to be obtained and that significant increased taxes, back taxes, penalties and interest may be required 28 to be paid if the use classification is changed or withdrawn at Closing or in the future. 29 f. A generally accepted method for determining the value of timber growing on the Property is to have a 30 qualified forester or forest products expert"cruise"the Property and give a written valuation. 31 g. If there is an on-site sewage system on the Property and the system has not been recently used, Buyer 32 should consider conducting a purge test and other inspections to determine whether there are any defects in 33 the system. 34 h. Additional tests or inspections of the Property may be required by local or state governmental agencies before 35 title to the Property is transferred. 36 [y5 03/13/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:E78DOEA8-442E-0D95-B7FO.7CB4B746EAF2 Form 22L&A ©Copyright 2010 Land&Acreage Addendum Northwest Multiple Listing Service Rev.7/10 ALL RIGHTS RESERVED Page 2 of 4 LAND AND ACREAGE ADDENDUM Continued 2. CONTINGENCIES: 37 a. General Contingency Provisions. This Agreement is conditioned on the applicable contingencies below. 38 The work to be performed shall be timely ordered by the party responsible for payment, except for the 39 Feasibility Study (if applicable), and shall be performed by qualified professionals. If Seller is responsible for 40 ordering the work and fails to timely do so, Seller will be in breach of the Agreement. 41 b. Contingency Periods. The applicable contingency periods shall commence on mutual acceptance of the 42 Agreement. If Buyer gives notice of disapproval and termination of the Agreement within the applicable 43 contingency period, the Earnest Money shall be refunded to Buyer. If Buyer fails to give timely notice within 44 the applicable contingency period, then the respective contingency shall be deemed waived. 45 c. Contingencies. Items checked below are to be paid by Buyer or Seller as indicated below and are 46 contingencies to the Agreement. Notwithstanding the payment allocation provided for herein, if the Agreement 47 fails to close as a consequence of a Seller's breach, the costs of the following shall be borne by the Seller: 48 Paid Paid Contingency period 49 by by (10 days if not filled in) 50 Buyer Seller ❑ ❑ i. Survey. Completion of survey to verify information days 51 regarding the Property as listed in 1(b). 52 ❑ ❑ ii. Perc Test. Perc or similar test indicating that the days 53 Property is suitable for installation of conventional 54 septic system and drainfield. If the sale fails to close, 55 the party who paid for the perc test shall fill in holes at 56 their expense within two weeks of the date the 57 transaction is terminated. Earnest Money shall not be 58 refunded to Buyer until perc holes are filled in if this is 59 Buyer's responsibility. 60 ❑ ❑ iii. On-Site Sewage System.The system to be pumped days 61 and inspected by a qualified professional to determine 62 that the system is readily accepting effluent and the 63 system has no apparent defects. (If VA Financing is 64 used, Lender may require certification of system.) 65 ❑ ❑ iv. Water Quality.Water quality and/or purity tests days 66 showing water meets the approval standards of the 67 Department of Ecology and the standards of the 68 governing county. Water quality tests to be performed 69 by a qualified professional. 70 ❑ ❑ v. Water Quantity.Water quantity tests(4 hour draw days 71 down test or other test selected by Buyer) showing a 72 sustained flow of g. p. m., which Buyer 73 agrees will be adequate to reasonably meet Buyer's 74 needs. Water quantity test to be performed by a 75 qualified professional. 76 ❑ ❑ vi. Timber.Timber cruise conducted by a qualified forest days 77 products expert of Buyer's choice,with results of the 78 cruise to be satisfactory to Buyer in Buyer's sole 79 discretion. 80 111) 03/13/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:E78DOEA8-442E4D95-B7FO-7CB4B746EAF2 Form 22L&A ©Copyright 2010 Land&Acreage Addendum Northwest Multiple Listing Service Rev.7/10 ALL RIGHTS RESERVED Page 3 of 4 LAND AND ACREAGE ADDENDUM Continued 3. ADDITIONAL PROVISIONS (check as applicable) 81 Feasibility Study. If this box is checked, this paragraph supersedes and replaces the Feasibility Contingency 82 set forth in Specific Term 15 and General Term "u" of Form 25 (Vacant Land Purchase and Sale Agreement). 83 Completion of a feasibility study and determination, in Buyer's sole discretion, that the Property and any 84 matters affecting the Property including, without limitation, the condition of any improvements to the Property, 85 the condition and capacity of irrigation pumps, system and wells, the adequacy of water rights for the Property, 86 the licensure of wells, permitted or certificated water rights for the Property, the location and size of any critical 87 area on the Property, the number and location of approved road approaches from public roads, and the 88 presence of recorded access easements to the Property, are suitable for Buyer's intended use(s), and that it is 89 feasible and advantageous for Buyer to acquire the Property in accordance with the Agreement. In performing 90 any investigations, Buyer shall not interfere with any existing tenants'operations on the Property. 91 This feasibility study contingency shall conclusively be deemed waived unless within 20 (10 days if 92 not filled in) after mutual acceptance, Buyer gives notice disapproving the feasibility study. If Buyer timely 93 disapproves the feasibility study and terminates the Agreement, the Earnest Money shall be refunded to Buyer. 94 ❑ Irrigation and Water Seller warrants that there are shares of irrigation water rights 95 and shares of frost water rights applicable to the Property, all of which will be 96 transferred to Buyer at Closing. 97 ❑ Assignment and Assumption. At Closing, Seller will assign, transfer, and convey all of its right, title and 98 interest in, to and under any lease of the Property and will represent and warrant to Buyer that, as of the 99 Closing Date, there are no defaults under the leases and no condition exists or event has occurred or failed to 100 occur that with or without notice and the passage of time could ripen into such a default. At Closing, Buyer will 101 agree to defend, indemnify and hold Seller harmless from and against any obligation under the leases to the 102 extent delegated to and assumed by Buyer hereunder. 103 ❑ Attorney Review. This Agreement is conditioned on review and approval by the parties' attorneys on or 104 before . A party shall conclusively be deemed to have waived this contingency unless 105 notice in conformance with this Agreement is provided to the other party by the foregoing date. 106 ❑ Crops. Unless otherwise agreed in writing Seller has the right to harvest all growing crops in the ordinary 107 course of business until the possession date. 108 ❑ Accessories. The indicated accessories are items included in addition to those stated in Specific Term 5 of 109 the Agreement: ❑ portable buildings; ❑ sheds and other outbuildings; ❑ game feeders; ❑ livestock feeders 110 and troughs; ❑ irrigation equipment; ❑ fuel tanks; ❑ submersible pumps; ❑ pressure tanks; ❑ corrals and 111 pens; ❑ gates and fences; ❑ chutes; ❑ other: 112 The value assigned to the personal property included in the sale shall be $ 113 Seller warrants title to, but not the condition of, the personal property and shall convey it by bill of sale. 114 ❑ CRP Program. Buyer must assume all Conservation Reserve Program contracts and agree to continue them 115 through the expiration date of each such contract. All documentation for the assumption will be completed at 116 closing and must be approved by Farm Service Agency of the USDA prior to Closing. Any Conservation 117 Reserve Program payments shall be prorated as of Closing. 118 [X/1151 03/1312019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:E78DOEA8-442E-4D95-B7FO-7CB4B746EAF2 Form 22L&A ©Copyright 2010 Land&Acreage Addendum Northwest Multiple Listing Service Rev.7/10 ALL RIGHTS RESERVED Page 4 of 4 LAND AND ACREAGE ADDENDUM Continued ❑ 4. DOCUMENT REVIEW PERIOD. If this box is checked, Seller shall deliver to Buyer a copy of the following 119 documents within (20 days if not filled in) of mutual acceptance: 120 121 122 If Buyer, in Buyer's sole discretion, does not give notice of disapproval within days (15 days if 123 not filled in) of receipt of the above documents or the date that the above documents are due, then this 124 document review period shall conclusively be deemed satisfied (waived). If Buyer gives timely notice of 125 disapproval, then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. 126 ❑ 5. ADDITIONAL INSPECTIONS. If this box is checked and if a qualified professional performing any inspection 127 of the Property recommends further evaluation of the Property, Buyer shall have an additional 128 (10 days if not filled in) to obtain the additional inspection at Buyer's option and expense. On or before the 129 end of the applicable contingency period, Buyer shall provide a copy of the qualified professional's 130 recommendation and notice that Buyer will seek additional inspections. If Buyer gives timely notice of 131 additional inspections, the applicable contingency period shall be replaced by the additional period specified 132 above. The time for conducting the additional inspections shall commence on the day after Buyer gives 133 notices under this paragraph, and shall be determined as set forth in the Computation of Time paragraph of 134 the Agreement. 135 6. TAX DESIGNATION. 136 a. Classification of Property. Seller represents that the Property is classified as ❑ open space 137 ❑farm and agricultural ❑ timberland under Chapter 84.34 RCW. 138 ❑ b. Removal from Classification. Buyer shall not file a notice of classification continuance at the time of 139 Closing and the Property shall be removed from its classification. All additional taxes, applicable interest, 140 and penalties assessed by the county assessor when the Property is removed from its classification shall 141 be paid by ❑ Seller ❑ Buyer ❑ both Seller and Buyer in equal shares(Seller if no box is checked). 142 66 c. Notice of Classification Continuance. In order to retain this classification, Buyer shall execute a notice 143 of classification continuance at or before the time of Closing. The notice of classification continuance shall 144 be attached to the real estate excise tax affidavit. Buyer acknowledges that if Buyer fails to execute a 145 notice of classification continuance, the county assessor must reassess the Property's taxable value and 146 retroactively impose additional taxes, applicable interest, and penalties, which Buyer shall pay. 147 7. ON-SITE SEWAGE SYSTEM — MAINTENANCE RECORDS. If there is an on-site sewage system on the 148 Property, Seller shall deliver to Buyer the maintenance records, if available, of the on-site sewage system serving 149 the Property within days(10 days if not filled in) of mutual acceptance. 150 [OV51 03/13/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign to:E78DOEA8442E-4D95.B7FO.7CB4B746EAF2 + r v Form 22T "—""— " ©Copyright 2015 Title Contingency Addendum j Grow- 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 13,2019 1 between William V Simmons ("Buyer") 2 Buyer Buyer and Mason County ("Seller") 3 Seller Seller concerning 511 E Hyland Drive 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 6 days (5 days if not filled in)from Rf 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 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 ulv5 03113/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:E78DOEA8.442E-4DS5-B7FO-7CB4B746EAF2 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 3/13/2019 The fII win Is art of the Purchase and Sale Agreement dated 1 William Vg-�}-Simmons between ("Buyer')2 Buyer Buyer and Mason County ("Seller")3 9T1 E Hyland Drive, Union, \VA 98592 concerning (the"Property").4 Address city State Zip IT IS AGREED BETWEEN THE SELLER AND BUYER AS FOLLOWS: 5 1. This agreement is contingent upon the Mason County Commissioners approval of this 6 purchase and sales agreement, in an open public meeting. 7 2. Buyer waives the right to receive a completed Washington State Seller Disclosure Statement. 8 3. Escrow shall be Mason County Title and Escrow, Colleen Reamer. 9 4. Buyer shall pay for the Mason County Title Insurance policy. 10 5. Deed Shall Be a Treasures Deed, per RCW 36.35.130. 11 12 6. Buyer shall pay all current and past due Association dues. 13 7. Mason County Commissioner Randy Neatherlin is a licensed real estate broker in the state of 14 Washington. 15 8. Commissioner Randy Neatherlin will sign for Mason County. 16 9. Seller has never occupied the property. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 ALL OTHER TERMS AND CONDITIONS of said Agreement remain unchanged. 31 104 03/1312019 Buyer's Initials Date Buyer's Initials Date Sellers Initials Date Sellers Initials Date Authentisign ID:E78DOEA8-442E-0D95-B7FO-7CB4B746EAF2 Exhibit Legal Description: Lots 1 to 16,both inclusive, Block 23; Lots 1 to 16,both inclusive,Block 24, Lots 1 to 16,both inclusive,Block 25, Lots 1 to 16,both inclusive,Block 26; Lots 1 to 16,both inclusive,Block 2i; Lots 1 to 16,both inclusive,Block 28; Lots 1 to 16,both inclusive,Block 29; Lots 1 to 16,both inclusive,Block 30; L_ 1 to 16 both inclusive,Block 31;and Lots 1 to 16,both inclusive,.Block 32; TOGETHER WITH all those portions of the West hatf(W 1/2)of the vacated alley adjoining said Blocks 23 and 24 on the East,which attached thereto by operation of law upon its vacation;TOGETHER WITH all that park of the vacated portion of Southside Avenue lying Easterly of the Westerly line of said alley extended Southerly,.which attached thereto by operation of law upon its vacation; and TOGETHER WITH all that part of the vacated portion of Kiftinge Avenue lying Easterly of the Westerly line of said alley extended Northerly,which attached thereto by operation of law upon its vacation, all in McReavy's.Third Addition to Union,Volume 1 of Plats,pa.p 22,records of Mason County, Washington. Parcel No_32105 5023000 [WV51 03/13/2019 Richard Beckman Vacant Land Agent Detail Report Page 1 of 1 Listing# 1409960 511 E Hyland Dr,Union 98592 STAT: Active LP: $75,000 County: Mason LT: BLK: 23-32 CMTY: South Shore PRJ: Union McReavyss 3rd Type: Vacant Land CDOM: 34 ''AR: 173 TAX: 321055023000 OLP: $75,000 MAP: GRD: Internet: Yes DD: Across from 510 Hyland Dr,follow FIN: a powerlines north approx 600 ft.Subject is LD: 02/08/2019 located East of McReavy Rd.North of XD: 10/16/2019 Hyland Dr and W/NW of Alderbrook Ridge OMD: Dr. May be easiest to park at rd and walk LAG: Richard Beckman(55681) PH: (360)790-1921 ~ FAX: (360)426-1645 PH Type: Cellular LO: Richard Beckman Realty Group(4537) PH: (360)426-5521 . t SOC: 4 Cmnts: CLA: PH: ZJD: County SKS: No CLO: PTO: Yes F17: Not Provided ZNR: RR5 QTR/SEC: 5213 OTVP: OWN: Mason County GZC: Residential OPH: (360)427-9670 OAD: Shelton WA POS: Closing TX$: TXY: 2018 SNR:No ATF: TRM: Cash Out,Conventional TER: STY: 41 -Res-Over 1 Acre WRJ: Right of First Refusal: No ACR: 9.200 LSF: 400,752 LSZ: 628x816 WFG: DOC: WFT: LDE: VEW: Territorial HOA: RD: RDI: See Remarks IMP: FTR: Brush TPO: Sloped SLP: LVL: Community Features: WTR: Not Available 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 Sch 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.Maybe 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: 9+acres of recently logged land near Alderbrook golf course has potential views of Hood Canal. Realist Tax Tax ID: 3-21-05-50-23000 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: Assess Ttl: $69,775 Assess Year: 2017 Land As: $69,775 Lot Depth: Lot Front: Lot SF: 400,752 Water: Sewer: Information Deemed Reliable But Cannot Be Guaranteed. Lot Sizes and Square Footage Are Estimates. 03/14/2019-11:13AM Authentisign ID:799417C52-1342E-41326-AW-BB299FF6665C Form 36 > ©Copyright 2011 Counteroffer Addendum b "t Northwest Multiple Listing Service Rev.8/11 COUNTEROFFER ADDENDUM ALL RIGHTS RESERVED Page 1 of 1 TO REAL ESTATE PURCHASE AND SALE AGREEMENT All terms and conditions of the offer(Real Estate Purchase and Sale Agreement)dated March 13,2019 1 concerning 511 E Hyland Drive Union WA 98592 (the"Property"), 2 Address city state Zip by William V Simmons as Buyer 3 and the undersigned Mason County as Seller 4 are accepted,except for the following changes. 5 !� The Purchase Price shall be$ 65,000.00 Sixty Five Thousand Dollars 6 7 ❑ Other. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 This counteroffer shall expire at 9:00 p.m. on 04/02/2019 (if not filled in, two days after it is delivered), 27 unless it is sooner withdrawn. Acceptance shall not be effective until a signed copy is received by the counterofferor, 28 their broker or at the licensed office of their broker. If this counteroffer is not so accepted, it shall lapse and the 29 Earnest Money shall be refunded to Buyer. 30 All other terms and conditions of the above offer are incorporated herein by reference as though fully set forth. 31 Autherdiw 03/25/2019 igna ure Date Signature Date The above counteroffer is accepted. Signature Date Signature Date RESOLUTION NO. �f Lf DECLARATION OF SURPLUS PROPERTY AND APPROVAL OF SALE WHEREAS, Mason County owns the real property listed and legally described in Exhibit A, Attached hereto; and WHEREAS, 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 to offer all of said property for sale, first by the County's Real 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 I , 2014. ATTEST: BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON !A_lm�a�nzo`r, a - A�Julie Clerk of the Bo rd Rand Neatherlin, Commissioner " APPROVED AS TO FORM: i( _ - .:-- Tim Sheldon, Commissioner Tim Whitehead, Deputy Prosecuting Tem Jeffreys"-Ojai 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 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 NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold a public hearing in Mason County Building I, Commission Chambers, 411 North Fifth Street, Shelton, WA 98584 on Tuesday, May 7, 2019 at 9:15 a.m. SAID HEARING will be to take public comment on the sale of surplus property- parcel no. 32105-50-23000. If there are questions about the proposed amendments, please contact Frank Pinter at 360-427-9670 ext. 530.If special accommodations are needed, contact the Commissioners' office, 427-9670, Ext. 419. DATED this 16th day of April, 2019. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Melissa Drewry, Clerk of the Board c: Journal-Publ 2t: 4/25&5/2 (Bill: MC Commissioners 411 N 5`h Street, Shelton,WA 98584) MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Chief Deputy Dracobly Action Agenda _X Public Hearing Other DEPARTMENT: Sheriff's Office EXT: COMMISSION MEETING DATE: Agenda Item # g Commissioner staff to com lete BRIEFING DATE: 4/1/19 BRIEFING PRESENTED BY: Chief Deputy Dracobly [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: USDA/Forest Service overtime contract for 2019 BACKGROUND: Over any given year MCSO conducts extra duty overtime work for several different groups, businesses, and or other governmental agencies, all of whom are will to reimburse the cost of this work back to the Sheriff's Office. For the past several years we have been providing extra duty overtime patrols on US Forest Service lands at their request. The contract is for $12,000.00 for 2019. We only showed revenue for USDA for 2019 for $5,000.00. RECOMMENDED ACTION: Review and sign the contract and adjust the budget BUDGET IMPACTS: We will need to a supplemental budget adjust to the revenue lines for USDA to $12,000.00. This is a $7,000.00 increase. We need this increase to be added to the overtime line in patrol. ATTACHMENT(S): 2019 USDA Forest Service contract, 19-LE-11060900. C:\Users\jdracobly\Desktop\Commission Agenda Item Summary Template.doc is USDA,Forest Service OMB 0596-0217 FS-1500-8 FS Agreement No. 19-LE-11060900- 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 Sheriffs 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. Title: Olympic National Forest, Lake Cushman Patrols I. PURPOSE: 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 portion of this effort. In consideration of the above premises,the parties agree as follows: II. 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) 217 lf�S USDA,Forest Service OMB 0596-00.9 FS-1500-6 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. 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, 1V=1, and IV- P. I. 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) 217 I1�S USDA,Forest Service OMB 0596-00-8 FS-1500-8 III.THE U.S. FOREST 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 H-H and IV-1. The invoice should be forwarded as follows: Submit original invoice(s)for Send copy to: Payment to: USDA, Forest Service James V. Griffin, Patrol Captain Albuquerque Service Center USDA Forest Service/LEI Payments—Grants&Agreements 2930 Wetmore Ave, Ste 3A 101 B Sun Avenue NE Everett, WA 98201 Albuquerque,NM 87109 Phone: 425-783-6090 FAX: (877) 687-4894 FAX: 425-783-6098 E-Mail: asc gaalfs.fed.us E-Mail: iames. riffinna usda.Rov E-Mail: cindy.orlando ,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 3" 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: 360426-0567 Email: caseysna.co.mason.wa.us Email: idracoblv(@co.mason.wa.us Page 3 of 9 (Rev.9-15) 0596-07 is USDA,Forest Service OMB FS 5008 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-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 Email:fames. nQ 'ffin(a usda. Email: cindy.orlando(a,usda.ov U.S. Forest Service Agreement Contact Amy Verellen, Grants Management Specialist 215 Melody Lane, Wenatchee, WA, 98801 Phone: (509) 664-9231 Email: averellenQfs.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 of9 (Rev.9-15) IS USDA,Forest Service OMB 0596-0217 FS-1500-8 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. 6. Billing frequency requirement(s). See related Provisions 11-H and 111-B. 7. Designation of specific individuals and alternate(s)to make or receive requests for enforcement activities under this agreement. 8. A review and signature of a U.S. Forest Service Agreements Coordinator. E. Nothing in this agreement obligates either party to accept or offer any Annual Operating 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 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) USDA,Forest Service OMB 0596-0217 FS-1500-8 equipment use rates shall 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) is USDA,Forest Service OMB 0596-0217 FS-1500-8 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) is USDA,Forest Service OMB 0596-0217 FS-1500.8 (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. 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 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. 12,,, /9 CASEY ISBUR , She ff Date Mason County RETA LAFORD, Forest Supervisor Date U.S. Forest Service, Olympic National Forest Page 8 of 9 (Rev.9-15) USDA,Forest Service OMB 0596-02175M8 s9FS-11500-85M8 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. AMY VERELLEN Date U.S. Forest Service Grants Management Specialist Burden Statement According to the 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 valid CMB control number. The valid CMB control number for this information collection is 0596.0217. The tine required to complete this Information collection Is estimated to average 3 hours per response,including the time for reviewing Instructions,searching existing data sources,gathering and maintalnfng the data needed,and completing and revlevdng the cclktc cn of Information. In accordance with Federal civil rights law and U.S.Department of Agriculture(USDA)civil rights regulations and polldes,the USDA,its Agencies,offices,and employees,and instihrtions participating in or administering USDA programs are prohibited from discriminating based on race,color,national origin,religion,sex, gender Identity(Induding gender expression),sexual orientation,disabllfty,age,marital status,family/parental status,Income derived from a public assistance program,political ballets,or reprisal or retaliation for prior civil rights activity,In any program cr activity conducted or funded by USDA(not all bases apply to all programs).Remedies and complaint filing deadlines very by program or inddent Persons with dlsabliitles who require alternative means of communication for program Information(e.g.,Braille,large print,audiotape,American Slgn Language, etc.)should contact the responsible Agency or USDA's TARGET Gender at(202)720-26CO(voice and TTY)or contact USDA through the Federal Relay Serv!ce at(800)877-8339.Addtonaliy,program information may be made available In languages other than English. To file a program discrimination complaint,complete the USDA Program DWrnlnat:on Complaint Form, AD.3027,found online at How to Fla a Program Dlsatminatcn 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 request a copy of the complaM form,cell(866)6329992.Submit your completed form or letter to USDA by:(1)mail:U.S.Department of Agriculture,office of the Assistant Secretary for CMI Rights, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410; (2) fax: (202) 690-7442; or (3) emag: program.lntake@usda.gov.USDA Is an equal opportunity provider,employer,and lender. Page 9 of 9 (Rev.9-15) U�S USDA,Forest Service OMB 059 FS-150000--8ASA 217 FS Agreement No. 19-LE-11060900- Cooperator Agreement No. EXHIBIT A COOPERATIVE LAW ENFORCEMENT ANNUAL OPERATING PLAN & FINANCIAL PLAN Between MASON COUNTY SHERIFF'S OFFICE And the USDA,FOREST SERVICE 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 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 3" 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 Email: caseys(a,co.mason.wa.us Email:jdracobly(ci)co.mason.wa.us Page 1 of 7 (Rev. 12-13) is USDA,Forest Service OMB 0596-0217 FS-1500-8A 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-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 Email: 'aures. iffin@usda. ov Email: cindy.orlandona,usda. ov U.S. Forest Service Agreement Contact Amy Verellen, Grants Management Specialist 215 Melody Lane, Wenatchee, WA, 98801 Phone: (509) 664-9231 Email: amy.verellenna usda.Kov 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) isUSDA,Forest Service OM FS 1500-8n 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 crimes 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) is USDA,Forest Service OMB 0596-0217 FS-1500-8A Suggested shifts for optimal coverage: SHIFT FRIDAY SATURDAY SUNDAY HOLIDAY** Morning X X X (0600-1000 Afternoon X X X 1400-1800 Night X X X July 4 only (2000-2400 ** Holidays include Memorial Day,4 of July, and Labor Day COOPERATIVE PATROL AREAS: 1. Patrol on following U.S. Forest Service roads: PS 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-K for additional information. Total reimbursement for this category shall not exceed the amount o£ $0.00 IV. EQUIPMENT: See Cooperative Law Enforcement Agreement Provisions IV-K, IV-L, and X-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) USDA,Forest Service OMB 0596-0217 FS-1500-8A 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 Error! 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 pfficer 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) is USDA,Forest Service OMB 0596-0217 FS-1500-8A See Cooperative Law Enforcement Agreement Provisions 11-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. USDA Forest Service Albuquerque Service Center Payments—Grants and Agreements 101 B Sun Avenue NE Albuquerque,NM 87109 EMAIL: asc ga(aNs.fed.us Invoices may also be faxed 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:james.priffinAusda.gov Email: cindy.orlando(i4usda.aov (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.gov. 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 of 7 (Rev. 12-13) USDA,Forest Service OMB 0596-0217 FS-1500-8A The following is a breakdown of the total estimated costs associated with this Annual 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 $12,000.00 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 Law Enforcement Agreement Provision IV-D. These terms and conditions are incorporated and made part of the referenced agreement. Burden Statement According to the 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 CMB control number. The valld OMB control number for this information collection is 0596-0217. The time required to complete this information collection Is estimated to average 3 hours per response,Including the time for reviewing instructions,searching existing data sources,gathering and maIntaining the data needed,and completing and reviewing the collection of Information. The U.S.Department of Agriculture(USDA)prohibits discrimination in all its programs and activities on the basis of race,color,national origin,age,disability,and where applicable,sex,marital status,familial status,parental status,r6gion,sexual orientation,genetic Information,political beliefs,reprisal,or because all or part of an Indlvlduars Income is derived from any public assistance. (Not all prohibited gases apply to all programs.) Persons with disabilities who require alternative means for communication of program information(Braille,large print,audiotape,etc.)should contact USDA's TARGET Center at 202-720-2600(voice and TDD). To file a complaint of discrimination,write USDA,Director,Office of Civil Rights,1400 Independence Avenue,SW,Washington,DC 20250-9410 or call tell free (866)632-9992(voice). TDD users can contact USDA through local relay or the Federal relay at(800)8774339(TDD)or(866)37743642(relay voloe). USDA Is an equal opportunity provider and employer. Page 7 of 7 (Rev. 12-13) MASON COUNTY ACTION ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: David Windom DEPARTMENT: Community Services EXT: 260 BRIEFING DATE : 16 April 2019 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEM: Mason County Community Services All-staff Meeting EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): Mason County Community Services conducts an All-staff meeting and training on April 26th. The purpose of the meeting is to conduct staff training and workshops to bring together the Public Health and Community Development divisions, and conduct workshops on drug abuse, housing and policy. This meeting would require that the Department be closed for that day which would be published in advance. This meeting would be located at Public Works and a working lunch would be included. The intent is to have this activity twice per year to facilitate intradepartmental training and communication. BUDGET IMPACTS: Lunch and refreshments. Approximately $200. RECOMMENDED OR REQUESTED ACTION• Request approval ATTACHMENTS: Agenda Briefing Summary 4/10/2019 MASON COUNTY COMMUNITY SERVICES Building,Planning,Environmental Health,Community Health Friday, April 26th, 2019 Community Services Department All Staff TBD Shelton,WA 98584 7:45 - 8 am Arrival(Coffee) 8:00 am Welcome—CSD (around.the room—new staff intro) 8:30 am Seattle is Dying(httns://youtu.be/bnAi70WWBIw1 9:30 am Group recap Work Housing(Dave, Todd and Abe) 10:30 am BREAK 11:15 am CSD 2018 Successes (Group share) 12:00pm Networking Lunch 1:00 pm RV...resolution? Code vs.Action goal(Kell and Alex) 1:50 pm 2019 Department Legislation Update Q&A(Dave Windom,Director) 2:15 pm BREAK 2:30 pm Outdoor activity(weather)—Activity(Stephen Scott, Code Enforcement?) 3:45 pm Closing Thoughts 4 - 4:15 pm Clean up/Clear out! Public Health Community Development (Community Health/Environmental Health) (Permit Assistance Center/Building/Planning) 415 N.6'"Street—Shelton,WA 98584 615 W.Alder Street—Shelton,WA 98584 Shelton:360-427-9670,East 400 Shelton:360-427-9670,Ext 352 Belfair:360-275-4467,Ext.400 Belfair:360-2754467,Ext.352 Elma:360482-5269,Ext 400 Ehna:360182-5269,Ext 352 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Chief Deputy Dracobly Action Agenda _X Public Hearing Other DEPARTMENT: Sheriff's Office EXT: COMMISSION MEETING DATE: Agenda Item # g Commissioner staff to co tete BRIEFING DATE: 4/1/19 BRIEFING PRESENTED BY: Chief Deputy Dracobly [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Extra duty overtime contracts, 2019 Oysterfest BACKGROUND: Over any given year MCSO conducts extra duty overtime work for several different groups, businesses, and or other governmental agencies, all of whom are will to reimburse the cost of this work back to the Sheriff's Office. For the past several years we have been providing extra duty overtime patrols for Oysterfest at the request of the sponsor, Shelton Skookum Rotary Club Foundation. RECOMMENDED ACTION: Review and sign the contract BUDGET IMPACTS: Nothing. ATTACHMENT(S): 2019 Extra Duty Contract, Oysterfest C:\Users\jdracobly\Desktop\Commission Agenda Item Summary Template.doc MASON COUNTY SHERIFF'S OFFICE EXTRA DUTY SERVICE CONTRACT FOR • Contract Code # Oysterfest 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 Shelton Skookum Rotary Club Foundation, hereinafter referred to as Entity with a billing address: Shelton Skookum Rotary Club Foundation POBox 849 Shelton WA 98584 Jointly, the SHERIFF and the ENTITY are referred to herein as the 'PARTIES". This is an extra-duty service contract in which the SHERIFF 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 and criminal investigations. b. Specific location of service: Oysterfest which is typically held in the area of the Shelton Airport C. 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 j 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 The provisions of this contract shall be in effect commencing on and Oct 5 ending on Oct 6, 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 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 that 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 pay for the services under this contract in accordance with Paragraph B of the General Terms and Conditions. 5. GENERAL TERMS AND CONDITIIONS The parties have read agree to the General T rms n onditions set forth on EE ibit" BY: BY: Entit S nature Sh i s Repr a tati Signature Denis Leverich Jason D cobly Printed name Printed name Date Signed: ly- y`/9 Date Signed: Approved as to Form by the Prosecuting Attorney4q dhe Extra Duty Service Contract 2 BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Kevin Shutty, Chair Randy Neatherlin, Commissioner Sharon Trask, Commissioner 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 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 billing 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 TATUS: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 responsible for its own negligence. 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 dispute among the parties, both parties shall go before the ADR Alternative Dispute Resolution Center and their decision shall 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 Shift Supervisor. The Supervisor may be contacted via MACECOM (360) 426-4441. Extra Duty Service Contract 5 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Brittany King Action Agenda x Public Hearing Other DEPARTMENT: Support Services EXT: 419 DATE: April 16, 2019 Agenda Item # S,5 Commissioner staff to complete) BRIEFING DATE: BRIEFING PRESENTED BY: Support Services [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval to sign the letter of no objections to the special occasion liquor license application for the North Mason Coalition of Churches and Community for the Potato Bake Fundraiser being held on May 7, 2019. Background: The Washington State Liquor Control Board provides notice of liquor license applications for establishments in Mason County to the Board of County Commissioners as required by RCW 66.24.010(8). The Commissioners may voice objections to the application within 20 days of the date of notice. In this- case, the applicant did not apply to the WSLCB timely and the North Mason Coalition of Churches and Community is requesting this no objection from the Commissioners in order to expedite their application. RECOMMENDED ACTION: Approval to sign the letter of no objections to the special occasion liquor license application for the North Mason Coalition of Churches and Community for the Potato Bake Fundraiser being held on May 7, 2019. Attachment(s): Letter of no objection Application for Special Occasion License Licensing and Regulation For Office Use Only Washington State 3000 Pacific Ave SE Reception No.: Liquor and Cannabis Board PO Box 43085 Olympia WA 98504-3098 Date: Al) / ! Phone(360)664-1600 Amount Recd: $ Fax: (360)753-2710 Initials: Application for Special Occasion License for a Nonprofit Society or Organization A Special Occasion License allows a nonprofit society or organization to sell spirits, beer, and wine by the individual serving for on-premises consumption at a specified event You may request to sell spirits, beer and wine in original, unopened containers for off-premises consumption in combination with this privilege. For more information about Special Occasion Licenses, please visit our.-.-. Applications must be submitted at least 45 days before the event.The Liquor and Cannabis Board may not be able to process your application in time for your event if you do not apply at least 45 days before the event. 1. Organization Information Society or Organization's Name: (as it appears on your tax documents) North Mason Coalition of Churches and Community 124 NE Riverhill Drive Belfair WA 98528 Mason Organization's Street Address City State Zip Code County Organization's 9-digit UBI#: 602998460 or Tax ID#: Has this organization held a special occasion license within the past two years? ❑ Yes N No If yes, license#: Nonprofit Contact Name: (must be at least 21 yrs old) Monna Haugen Date of Birth: 12/20/1941 (mm/dd/yyyy) Email": monnahaugen@yahoo.com 'Approved special occasion license will be emailed to this address Phone No.: (360)275-6217 Drivers License#: hau eme595r0 2. Event Information Name of Event: Potato Bake Fundraiser Describe the nature of the event: To raise funds to feed local hungry kids Name of premises where event will be held: The HUB Address: 111 Old Belfair Hwy City: Belfair State: WA County: Mason Zip Code: 98528 Inside City Limits? ❑ Yes N No On Tribal land? ❑ Yes N No On Port Authority land? ❑ Yes N No Estimated total number of people attending the event: 140 Estimated total number of people under 21 years of age attending the event: (including staff and volunteers) 9 Date(s)alcohol Time(s)alcohol will START being sold Time(s)alcohol will STOP being sold* will be sold 05/07/2019 ❑ A.M. 4:00 N P.M. ❑ A.M. 7:00 N P.M. ❑ A.M. ❑ P.M. ❑ A.M. ❑ P.M. ❑ A.M. ❑ P.M. ❑ A.M. ❑ P.M. ❑ A.M. ❑ P.M. ❑ A.M. ❑ P.M. 'Alcohol may not be consumed after 2:00 AM Do you intend to auction or sell spirits, beer, and/or wine for off-premises consumption? ❑ Yes N No 3. Outdoor Alcohol Service Will alcohol be served outdoors? ❑ Yes 9 No—If no, proceed to Section 4 If yes, please attach a site map for the outdoor event with this application clearly indicating alcohol service areas. When alcohol is served outdoors, it must be served in an enclosed area. y i r J for site map examples and tutorial. If alcohol will be served outdoors, are you asking for minors be allowed in the enclosed service area? ❑ Yes ❑ No If yes,this takes 60 days to process and you must attach a completed ' yeas 4. Venues Requiring Authorization Is the event being held on church or school property, a military facility, or a liquor licensed premises*? ❑ Yes ® No If yes, have an appropriate official or manager from the venue sign the below authorization I am an official or manager of the venue and I authorize the sale of liquor at this event Name Title Phone Number j I Signature Date --� *The liquor from a liquor licensed premises where a special occasion event is being held is specifically prohibited from the event area during the event. 5. Wineries, Breweries, Distilleries, and Spirits Distributors Are you receiving donated alcohol from a winery, brewery, distillery, or spirits distributor? ❑ Yes ® No If yes, from who? If yes,please attach a copy of your 501(c)(3)or(6)determination letter with this application. Only certified 501(c)(3)and (6)organizations registered by the IRS may receive donated product from a winery, brewery, distillery, or spirits distributor.Visitour, o a0,r for more information about donations. Are any wineries, breweries, or distilleries going to be present at your event? ❑ Yes ❑ No If yes, name(s)of participating winery, brewery or distillery: 6. Use of Event Proceeds It is illegal for a third party(e.g. a promoter)to run an event on your behalf in exchange for a percentage of the profits. Allowing a third party to receive part of the proceeds may prevent your nonprofit from obtaining Special Occasion Licenses. Misrepresentation of facts may also because for denial(RCW 66.24.010). ® I affirm and understand that all proceeds from alcohol sales at this event will only be retained by the non-profit organization submitting this application. The fee for each Special Occasion License is$60.00 per day, per alcohol service area. Special Occasion License holders are limited to 12 single-day events per calendar year Mail your check made payable to WSLCB and completed application to:WSLCB, PO Box 43085, Olympia,WA 98504-3085 1 certif��tat all of the information provided in this application is true and correct. X 4/8/2019 Signature of nonprofit organizatioy ember Date Sunny M Coley Treasurer Print Name Title Remember to attach: ® Payment payable to WSLCB ❑ A site map, if you are serving alcohol outdoors E] The Special Occasion All Ages Outdoor Event Addendum, if you are requesting minors have access to the enclosed service area at an outdoor event ❑ A copy of your 501(c)(3)or(6)determination letter, if you are receiving donated product from a winery, brewery, distillery, or spirits distributor. LIQ 285 rev 7/27/2018 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Patricia Grover, Mason County Noxious Action Agenda _X Weed Control Board Public Hearing Other DEPARTMENT: WSU Extension-Mason County EXT: 592 Noxious Weed Control Board COMMISSION MEETING DATE: April 16, 2019 Agenda Item # , r Commissioner staff to complete) BRIEFING DATE: April 8, 2019 BRIEFING PRESENTED BY: Patricia Grover, Mason County Noxious Weed Control Board [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Contract #K2676 between Washington State Department of Agriculture and Mason County Noxious Weed Control Board for eradication of the Class A noxious weed "Giant Hogweed" in Mason County. Background: Contract Agreement will add an additional $5,000 into the 2019 budget (to be included in 211 quarter supplemental appropriations). To meet contract obligations it will require that the noxious weed coordinator increase hours from 30 to 40 per week in May and June 2019. RECOMMENDED ACTION: Recommend that the board approves and signs Contract #K2676 between Washington State Department of Agriculture and Mason County Noxious Weed Control Board. Attachment(s): - Contract #K2676 - Attachment A, Plan of Work - Attachment B, Proposal 4/8/2019 Contract Number: K2676 INTERAGENCY AGREEMENT BETWEEN THE WASHINGTON STATE DEPARTMENT OF AGRICULTURE AND MASON COUNTY AND ITS AGENT THE MASON COUNTY NOXIOUS WEED CONTROL BOARD THIS AGREEMENT is made and entered into by and between the Washington State Department of Agriculture, hereinafter referred to as "WSDA," and Mason County Noxious Weed Control Board, hereinafter referred to as "Mason County." IT IS THE PURPOSE OF THIS AGREEMENT to provide funding for eradication of the Class A noxious weed Giant Hogweed (Heracleum mantegazzianum) in Mason County. THEREFORE, IT IS MUTUALLY AGREED THAT: STATEMENT OF WORK Mason County, through its agent the Mason County Noxious Weed Control Board, shall furnish the necessary personnel, equipment, material and/or service(s) and otherwise do all things necessary for or incidental to the performance of the work set forth in Attachment "A" which is attached hereto and incorporated herein. PERIOD OF PERFORMANCE Subject to its other provisions, the period of performance of this Agreement shall commence on the date of a fully executed contract, and be completed on or before June 30, 2019, unless terminated sooner as provided herein. PAYMENT Compensation for the work provided in accordance with this Agreement has been established under the terms of RCW 39.34.130. The parties have determined that the cost of accomplishing the work herein will not exceed $5000. WSDA will not authorize reimbursement for administrative overhead charges. Only reasonable costs incurred directly related to the activities specified in the plan of work (Attachment A) will be reimbursed under this Agreement. Payment for satisfactory performance of the work shall not exceed this amount unless the parties mutually agree in writing to a higher amount prior to the commencement of any work that will cause the maximum payment to be exceeded. BILLING PROCEDURE Mason County shall submit a properly completed invoice to the WSDA Agreement administrator. Reference WSDA Contract number K2676 on each invoice. Payment to Mason County for approved and completed work will be made by warrant or account transfer by WSDA within 30 days of receipt of the properly completed invoice. Upon expiration of the Agreement, any claim for payment not already made shall be submitted within 10 days after the expiration date or the end of the fiscal year, whichever is earlier. In no case can this be more than 10 days past the end of the biennium. RECORDS MAINTENANCE The parties to this Agreement shall each maintain books, records, documents and other evidence that sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the services described herein. Documents must also support performance and costs of any nature expended in the performance of this Agreement. These records shall be subject to inspection, review or audit by personnel of both parties, other File Name: Mason GiantHogweedContractK2676.docx Page 1 of 8 Contract Number: K2676 personnel duly authorized by either party, the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents and other material relevant to this Agreement will be retained for six years after expiration of the Agreement and the Office of the State Auditor, federal auditors and any persons duly authorized by the parties shall have full access and the right to examine any of these materials during this period. Records and other documents, in any medium, furnished by one party to this Agreement to the other party, will remain the property of the furnishing party, unless otherwise agreed. The receiving party will not disclose or make available this material to any third parties without first giving notice to the furnishing party and giving it a reasonable opportunity to respond, consistent with applicable laws. Each party will utilize reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. RIGHTS IN DATA Unless otherwise provided, data that originates from this Agreement shall be "works for hire" as defined by the U.S. Copyright Act of 1976 and shall be owned by WSDA. Data shall include, but not be limited to, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes and/or sound reproductions. Ownership includes the right to copyright, patent, register, and the ability to transfer these rights. INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. TERMINATION Either party may terminate this Agreement upon 30 days' prior written notification to the other party. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of the Agreement prior to the effective date of termination. TERMINATION FOR CAUSE If for any cause, either party does not fulfill in a timely and proper manner its obligations under this Agreement, or if either party violates any of these terms and conditions, the aggrieved party will give the other party written notice of such failure or violation. The responsible party will be given the opportunity to correct the violation or failure within 15 working days of receipt of written notice. If the failure or violation is not corrected, this Agreement may be terminated immediately upon receipt of written notice of the aggrieved party to the other. CONFLICT OF INTEREST WSDA may, by written notice to Mason County, terminate this Agreement if it is found after due notice and examination by the Director of the Department of Agriculture, and/or the designee authorized in writing to act on the Director's behalf, that there is a violation of the State Ethics Law, chapter 42.52 RCW; or any similar statute involving Mason County in the procurement of or performance under this Agreement. Unless stated otherwise, the signatory of this Agreement is the Director's designee. File Name: MasonGiantHogweedContractK2676.docx Page 2 of 8 Contract Number: K2676 In the event this Agreement is terminated as provided above, WSDA shall be entitled to pursue the same remedies against Mason County and its agent the Mason County Noxious Weed Control Board as it could pursue in the event of a breach of the Agreement by Mason County. The rights and remedies of WSDA provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. FUNDING CONTINGENCY WSDA may unilaterally terminate all or part of this contract, or may reduce its plan of work and budget, if there is a reduction in funds by the source of those funds, and if such funds are the basis for this Agreement. DISPUTES In the event that a dispute arises under this Agreement, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. LICENSING. BONDING, INDUSTRIAL INSURANCE AND OTHER INSURANCE COVERAGE Mason County and its agent the Mason County Noxious Weed Control Board shall ensure that all contractors hired to perform services under this Agreement shall comply with all applicable licensing and bonding requirements for the type of service to be performed, and with the provisions of Title 51, Industrial Insurance. Mason County and its agent the Mason County Noxious Weed Control Board shall also ensure that all contractors provide proof of an adequate amount of commercial general liability insurance coverage for the activities to be performed under any subcontract. GOVERNANCE This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform to those laws. In the event of a lawsuit involving this contract, venue shall be proper only in Thurston County, Washington. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: a. Applicable state and federal statutes and rules; b. The Terms and Conditions of this Agreement; C. Plan of work (Attachment A); d. Proposal (Attachment B); and e. Any other provisions of the Agreement, including material incorporated by reference. ASSIGNMENT The work to be provided under this Agreement, and any claim arising thereunder, is not assignable or delegable by either party in whole or in part, without the express prior written consent of the other party, which consent shall not be unreasonably withheld. WAIVER A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in writing signed by an authorized representative of the party and attached to the original Agreement. SEVERABILITY If any term or condition of this Agreement is held invalid, such invalidity shall not affect the File Name: MasonGiantHogweedContractK2676.docx Page 3 of 8 Contract Number: K2676 validity of the other terms or conditions of this Agreement. ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. CONTRACT MANAGEMENT The Agreement administrator for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Agreement. The Agreement administrator for WSDA is: Mary Fee, Executive Secretary WA State Noxious Weed Control Board P.O. Box 42560 Olympia, Washington 98504-2560 Phone: (360) 902-2053 Fax: (360) 902-2094 mfee(c_agr.wa.gov The Agreement administrator for Mason County is: Patricia A. Grover, Coordinator Mason County Noxious Weed Control Board 303 N. 4th St. Shelton, Mason County, WA 98584 Phone: 360-427-9670 ext 592 patriciagkco.mason.wa.us All communications between the parties relating to this Agreement and any billings and payments will be directed to those persons. Either party may change administrators by notifying the other in writing. IN WITNESS WHEREOF, the parties have executed this Agreement. STATE OF WASHINGTON MASON COUNTY DEPT. OF AGRICULTURE By: By: Kevin Shutty, Chair Title: Title: Mason County Board of Commissioners Date: Date: File Name: MasonGiantHogweedContractK2676.docx Page 4 of 8 Contract Number: K2676 ATTACHMENT A Plan of Work Mason County and its agent the Mason County Noxious Weed Control Board Giant Hogweed Eradication Ending June 30, 2019 The Mason County Noxious Weed Control Board will treat the class A noxious weed Giant Hogweed (Heracleum mantegazzianum) with the goal of eradication. Reimbursement for travel expenditures shall not exceed allowable costs as set forth in Washington State travel regulations, contained in the Office of Financial Management State Administrative and Accountinq Manual, Chapter 10, Section 90. DELIVERABLES The Mason County Noxious Weed Control Board will accomplish all proposed tasks as stated in the proposal (Attachment B). The Mason County Noxious Weed Control Board shall submit a final written report to the Washington State Noxious Weed Control Board, on or before June 30, 2019. The report shall include, at a minimum, the following information: 1. Details of herbicide use including application methods, rates and equipment. 2. Flower and seed head control details. 3. Copies of spray records where applicable. 4. Digital and hard copy photos of the infestation before, during and after treatment. 5. Details of communication with landowners where applicable. 6. Future plan for follow-up treatments and infestation monitoring. File Name: MasonGiantHogweedContractK2676.docx Page 5 of 8 Contract Number: K2676 Attachment B, Proposal Mason County Vegetation Management Proposal to Eradicate Giant Hogweed (Heracleum mantegazzianum) FY19 Class A Noxious Weed Eradication Program Request for Proposals Washington State Noxious Weed Control Board Applicant's name: Patricia A. Grover, Coordinator Agency/organization name: Mason County Noxious Weed Control Board Mailing address: 303 N. 0 Street,Shelton, WA 98584 Email address: patriciag@co.mason.wa.us Phone number: (360)427-9670X592 Please provide brief background information about the lead organization and partners: The Mason County Noxious Weed Control Board was reactivated in 2003 after nearly 20 years of inactivity. The program currently funds a part-time coordinator who has led the program since 2006 Partnerships have been developed between multiple large land owners, including Tacoma Public Utilities, Green Diamond Resource Co, the Olympic National Forest and numerous other public and private land owners. These partnerships facilitate the "Early Detection, Rapid Response" to new reports of invasive species. Name of the Class A noxious weed: Giant hogweed (Heracleum mantegazzianum) Current total known acres in your county (please specify if using total infested acreage or total solid acreage): A thorough documentation of sites has not been completed since 2015. It is estimated that there are currently 10-15 acres infested with giant hogweed within Mason County. How much of this acreage/infestation will be treated in this proposed Class A eradication project? All historic, and current sites would be visited. Ifgiant hogweed is present, it is anticipated that all sites would be treated with the property owner's permission. Please briefly describe the nature of the known infestation,including number of known sites or populations (if applicable), geographic extent,habitat types, and if the infestations are on private lands, public lands,or both. Date when infestation was first identified. Known infestations are scattered across Mason County, with pockets of giant hogweed found across multiple parcels and ownerships. Currently, our database consists of infestations on 90 unique parcels and 70 property owners. Many of these infestations are likely eradicated. During the 2017 and 2018 season,postcards were mailed to all property owners of record reminding them about the requirement to control, with eventual eradication of, giant hogweed. Resources were not available to visit all sites, but every effort was made to visit sites where assistance was requested. We have current "Waiver of Liability"for treatment at 5 sites. One is a 4 acre site reported in late 2018 by a neighbor. Although plants were deadheaded at the property, the requested waiver permitting treatment was not returned until November 2018. With hundreds of plants, this site will be a high priorityfor control in 2019. This site, like many, is held by an out of area owner and infestation status can only be determined by a site visit. We have not had the resources to visit all sites, many with documentation and treatment dating to 2008. Dedicated funding would support site visits to all sites and updated documentation in iForm if the species is present. File Name: MasonGiantHogweedContractK2676.docx Page 6 of 8 Contract Number: K2676 Do you plan to treat all sites in your county or jurisdiction, or will you target specific sites? It is planned that all sites with historic, or current records would be visited. If plants are found at sites, and the program has not received a response to an initial mailing, a second mailing would be sent to those property owners requesting completion of a "Waiver of Liability"for treatment. What IPM methods and materials are to be used in the eradication project? Include information on the timing of each control measure. Please note that all treatments paid for by this pass-through funding must occur on or before June 30,2019. Plants would be injected with a S%v/v of glyphosate, or a foliar application of triclopyr. In addition, any blooming plants would be deadheaded. Digging, or other non-chemical methods, could be utilized where herbicide treatments are not feasible or permitted. What previous control work has been done (include any IPM methods)? Include information on the timing of each control measure and outcomes. If none please state so. A majority of the sites have had some measure of control. Some in conjunction with knotweed treatments, but most in the May-June timeframe. Treatments utilizing injection and foliar application have been very successful. Please briefly describe steps to assure that all applicable laws will be followed if herbicides are used,e.g., permit coverage, applicant licensing, site-posting. All property owners will be required to provide a signed "Waiver of Liability"prior to treatments. Several of our known sites are adjacent to water, and an NPDES permit will be obtained for treatment along those waterbodies, identifying both glyphosate and triclopyr as proposed herbicides near the named waterbodies. Do you anticipate that enforcement of Washington State noxious weed law might be necessary in the process of the eradication? If yes, please provide a brief description of the readiness of involved county weed board(s) to carry out such enforcement within the proposal period. The Mason County Noxious Weed Control Board has supported the issuance of a certified letter to those property owners who have not responded to our offer of control assistance when a regulated species has been identified on a property and permission is not provided. If necessary, this step would likely be taken with additional resources. If the infestation to be eradicated lies in more than one county or jurisdiction,please provide a brief description of any coordinated efforts to treat and eradicate the entire infestation in all applicable jurisdictions. The Kitsap County coordinator is actively treating hogweed sites when reported. I know of no overlap of infestations between these two counties, or the other adjacent counties of Jefferson, Grays Harbor, Pierce or Thurston. File Name: Mason Gia ntHogweedContractK2676.docx Page 7 of 8 Contract Number: K2676 Please describe local support(include match funding or in-kind efforts from local groups, county,municipalities, or volunteer efforts.) Control of this Class A noxious weed has been a high priorityfor the Mason County Noxious Weed Control Board. Where reported, or when assistance is requested, we have made every effort to assist with control. Other entities, such as the Washington State Department of Transportation, the Skokomish Tribe, Mason Conservation District and the Hood Canal Salmon Enhancement group are aware of this species and are either treating or reporting its occurrence when found. Please describe any post-eradication plans to monitor the project area, prevent, and respond to any infestation. Will you be conducting any outreach with landowners to help in early detection? National publicity in 2018 resulted in the location of several new sites. The program participates at many local events and always has giant hogweed information available. In addition, our Facebook page provides an opportunityfor outreach and education and articles have been submitted to the local newspaper. Where appropriate, a mailing targeting neighbors of large infestations could be supported with this funding. It is anticipated that a second visit to high priority sites could be made in July to determine treatment efficacy and perform additional treatments if necessary. Estimated date when the current infestation would be eradicated (no living plants or propagules),if it were assumed that the requested funding and the matching funds of project partners were continued annually. Many of our historic sites dating back to 2006 are likely already eradicated. The program continues to emphasize control of this species, without discovery of new infestations, it is anticipated that all sites would reach eradicated status by 2025. Dollar amount of funding requested for FY19 ($5000 maximum): $5,000.00 Matching funds,whether cash or in-kind, offered by other project partners not otherwise included above.Note that matching funds are not required, but discussion and disclosure of matching funds are required. If there are no matching funds, please state this. Match and In kind match in the amount of approximately$2,400.00 would be in the form of ■ Equipment (backpack sprayers, PPE and injectors) ■ Coordinator time ■ Office manager time for contract administration and billing File Name: Mason GiantHogweedContractK2676.docx Page 8 of 8 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Chief Kevin Hanson Action Agenda _XX Public Hearing Other DEPARTMENT: Mason County Sheriff EXT: 369 COMMISSION MEETING DATE: 04/16/2019 Agenda Item # Commissioner staff to complete) BRIEFING DATE: 04/08/2019 BRIEFING PRESENTED BY: Sheryl Hilt, Finance Manager on behalf of Chief Hanson, ]ail. [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Approve contract amendment to service contract between the Mason County Sheriff's Office and Healthcare Delivery Systems. BACKGROUND: The existing service contract for inmate health care was signed on 03/13/2017 and allowed one-year extensions for 4 years, with each extension ending on December 31'� the following years. The contractor asked to amend the contract hourly service rates, which would be effective 01/01/2019. BUDGET IMPACTS: This will be an annual increase of approximately $17,560.00. RECOMMENDED ACTION: Approve amendment to the inmate healthcare contract between Mason County and Healthcare Delivery Systems. ATTACHMENT(S): Inmate health care services contract, Contract Amendment, Letter from HDS requesting increase. C:\Users\DLZ-1.MAS\AppData\Local\Temp\XPgrpwise\HDS BOCC agenda item 2019 contract amendment.doc Contract Amendment between Health Care Delivery Services and Mason County This agreement was signed by the County on 03/13/2017. The contract expired December 31", 2017 and rolled over for 2018 without change. This agreement extends the Term length, pg. 2 of executed contract, until December of 2019 and amends Exhibit B, Compensation, as follows: Health Administrator 260hrs$14,300 increase$14,820; $2 per hour increase. Medical Director 208hrs$30,576 increase$30,992; $2 per hour increase. Psych ARNP 416hrs$46,592 increase$47,424; $2 per hour increase. ARNP 780hrs$75,660 increase$77,220; 2$ per hour increase. Nursing Services 5824hrs$320,320 increase $331,968; $2 per hour increase. Holiday Nurse 112hrs$3,080 increase$3,192; $1 per hour increase. Admin/clerical 104hrs$3,120 increase$3,432.00; $3 per hour increase. Phone Coverage was$8,400 increase$9,000.00; $600 flat rate increase. Budget would increase from $500,488 to$518,048 total increase is$17,560.00 All other terms and conditions remain as agreed in the original contract. BOARD OF COMMISSIONERS MASON COUNTY, WASHINGTON DATE: Kevin Shutty, Chair Sharon Trask, Vice Chair Randy Neatherlin, Commissioner Attest: Melissa Drewry, Clerk of the Board Aeyy as to Form and Content: A SA v01 isbury, Sheriff Mason County Sheriff's Office Tim ad-'Vhief Deputy Prosecuting Attorney HEALTHCARE DELIVERY,INC. By: .. iai�on Slac Presi ent Address: MASON COUNTY • AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Todd Parker / Lydia Buchheit Action Agenda _X_ Public Hearing Other DEPARTMENT: Community Services EXT: COMMISSION MEETING DATE: 4/16/19 Agenda Item # Commissioner staff to complete) BRIEFING DATE: 4/8/19 BRIEFING PRESENTED BY: Todd Parker [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Treatment Sales Tax Fund, Rental Assistance • Background: The current funds have been depleted and we are not able to assist new requests from now through June 30. Therefore, we are requesting to amend contract CH-2018.4 with Crossroads Housing with an additional $2,500 from the Treatment Sales Tax to bridge rental assistance funds through June 30, 2019 RECOMMENDED ACTION: Approval to amend contract CH-2018.4 with Crossroads Housing for an additional $2,500. Attachment(s): Contract Amendment • I:\Community Services-Public Health\PH_04.16.19 C.Action Agenda Contract Amendment_TST.doc Contract Between Mason County and Crossroads Housing Professional Services Contract#CH-2018.4 Amendment # 2 The purpose of this amendment is to increase the total award of the contract. IT IS MUTUALLY AGREED THEREFORE: That the Original Contract is hereby amended as follows: 1. TOTAL AWARD This amendment provides $2,500 additional funding for the Treatment Sales Tax Rental Assistance money in the rapid rehousing program through June 30,2019. 2. FUNDING $2,500 ALL OTHER TERMS AND CONDITIONS of the original Contract and any subsequent amendments hereto remain in full force and effect. IN WITNESS WHEREOF,the undersigned has affixed his/her signature in execution thereof on the day of , 2018. CONTRACTOR MASON COUNTY Tanya Frazier Kevin Shutty, Chair Crossroads Housing, Executive Director Mason County Board of County Commissioners 1 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Jennifer Giraldes Action Agenda _X_ Public Hearing Other DEPARTMENT: Support Services EXT: 380 DATE: April 16, 2019 Agenda Item # (Commissioner staff to complete) BRIEFING DATE: BRIEFING PRESENTED BY: [X] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval of Warrants &Treasure Electronic Remittances Claims Clearing Fund Warrant #s 8063522-8063695 $ 649,167.49 Direct Deposit Fund Warrant #s 57940-58322 $ 679,299.34 Salary Clearing Fund Warrant #s 7004339-7004375 $ 950,470.46 Background: The Board approved Resolution No. 80-00 Payment of Claims Against County: Procedure Authorizing Warrant Issue and Release Prior to Board Claim Approval. Mason County Code 3.32.060(a) requires that the board enter into the minutes of the County Commissioners the approval of claims listing warrant numbers. Claims Clearing YTD Total $ 6,867,953.87 Direct Deposit YTD Total $ 4,754,732.49 Salary Clearing YTD Total $ 5,208,105.99 Approval of Treasure Electronic Remittances YTD Total $ 1,776,128.16 RECOMMENDED ACTION: Approval to: Move to approve the following warrants: Claims Clearing Fund Warrant #s 8063522-8063695 $ 649,167.49 Direct Deposit Fund Warrant #s 57940-58322 $ 679,299.34 Salary Clearing Fund Warrant #s 7004339-7004375 $ 950,470.46 Attachment(s): Originals on file with Auditor/Financial Services (Copies on file with Clerk of the Board) MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Frank Pinter Action Agenda x Public Hearing Other DEPARTMENT: Support Services EXT: 530 COMMISSION MEETING DATE: 4/i6/ig Agenda Item # g, �p (Commissioner staff to complete) BRIEFING DATE: 4/15/19 &Various Closed Labor Briefings BRIEFING PRESENTED BY: Frank Pinter [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM:Approval of the January 2019—December 2021.Collective Bargaining Agreement(CBA)for Teamsters Union Local No. 252, representing Mason County Appraisers Unit. Background: The exclusive representatives of Teamsters Union Local No. 252 representing Mason County Appraisers Unit have reached a tentative agreement with Mason for the 201.9- 2021term. It is noted and commended to the Commissioner's that the parties reached this Agreement through a very collaborative negotiations process. RECOMMENDED ACTION: Approval of the January 201.9—December 2021. Collective Bargaining Agreement(CBA)for Teamsters Local No. 252 representing Mason County Appraisers Unit. Attachment: Collective Bargaining Agreement on file with Clerk of the Board. COLLECTIVE BARGAINING AGREEMENT January 1, 2019 — December 31, 2021 BETWEEN TEAMSTERS UNIONLOCAL NO. 252 Ip O�ptHERyDO 2P C o a � n zcsy y AND MASON COUNTY APPRAISERS UNIT I's r TABLE OF CONTENTS ARTICLE1 -DEFINITIONS.........................................................................................................5 ARTICLE2 -RECOGNITION......................................................................................................6 2.1 RECOGNITION......................................................................................................................6 2.2 NEW CLASSIFICATIONS .......................................................................................................6 ARTICLE 3 -UNION SECURITY .................................................................................................7 3.1 UNION REPRESENTATION....................................................................................................7 3.2 NONDISCRIMINATION-UNION ACTIVITY ..........................................................................8 ARTICLE 4-UNION/EMPLOYER RELATIONS ...................................................................8 4.1 UNION ACCESS.....................................................................................................................8 4.2 FACILITY USE ......................................................................................................................8 4.3 STEWARDS............................................................................................................................5 4.4 ORIENTATION.......................................................................................................................9 4.5 BULLETIN BOARDS...............................................................................................................9 4.6 CONTRACT DISTRIBUTION...................................................................................................9 4.7 NEGOTIATIONS RELEASE TIME...........................................................................................9 4.8 GRIEVANCE RELEASE TIME................................................................................................9 4.9 UNION BUSINESS..................................................................................................................9 4.10 BARGAINING UNIT ROSTER .........................................................................................10 ARTICLE5-EMPLOYMENT....................................................................................................10 5.1 PROBATIONARY PERIODS..................................................................................................10 5.2 TYPES OF EMPLOYMENT ...................................................................................................10 5.3 CONTRACTORS...................................................................................................................11 5.4 STUDENTS/INTERNS..........................................................................................................11 ARTICLE 6 -HOURS OF WORK AND OVERTIME..............................................................12 6.1 WORKDAY/WORKWEEK..................................................................................................12 6.2 WORK SCHEDULES ............................................................................................................12 6.3 REST/MEAL BREAKS........................................................................................................13 6.4 OVERTIME..........................................................................................................................13 6.5 COMP TIME........................................................................................................................13 ARTICLE 7-EMPLOYMENT PRACTICES............................................................................14 7.1 NONDISCRIMINATION ........................................................................................................14 7.2 JOB POSTING......................................................................................................................14 7.3 PROMOTIONS......................................................................................................................15 7.4 PERSONNEL FILE/POLICIES.............................................................................................15 7.5 EVALUATIONS....................................................................................................................16 7.6 DISCIPLINE/CORRECTIVE ACTION..................................................................................17 ARTICLE8-SENIORITY...........................................................................................................18 8.1 DEFINITIONS ......................................................................................................................18 8.2 APPLICATION OF SENIORITY.............................................................................................19 8.4 LOSS OF SENIORITY...........................................................................................................20 8.5 LAYOFFS.............................................................................................................................21 Teamsters Local No.252 Appraisers and Mason County 2019-2021 Collective Bargaining Agreement Page 2 8.6 NOTICE...............................................................................................................................22 8.7 MEETING WITH UNION .....................................................................................................22 8.8 AFFECTED GROUP .............................................................................................................22 8.9 VACANT POSITIONS ...........................................................................................................23 8.10 SENIORITY LIST.................................................................................................................23 8.11 ORDER OF LAYOFF............................................................................................................23 8.12 COMPARABLE EMPLOYMENT ...........................................................................................23 8.13 LAYOFF OPTIONS ..............................................................................................................23 8.14 REDUCTION HOURS/FTE.................................................................................................25 8.15 RECALL..............................................................................................................................25 8.16 VACATION&LEAVE CASH OUTS/PAY............................................................................26 8.17 UNEMPLOYMENT CLAIMS.................................................................................................26 ARTICLE9 -WAGES...................................................................................................................26 9.1 WAGE SCHEDULE. .............................................................................................................26 9.2 HIRE-IN RATES..................................................................................................................27 ARTICLE 10-OTHER COMPENSATION...............................................................................27 10.1 CALL-BACK PAY ...............................................................................................................27 10.2 WORK IN A HIGHER CLASSIFICATION..............................................................................28 10.3 MILEAGE REIMBURSEMENT..............................................................................................28 10.4 LONGEVITY........................................................................................................................28 10.5 CLOTHING ALLOWANCE...................................................................................................28 ARTICLE11 -HOLIDAYS...........................................................................................................28 11.1 HOLIDAYS..........................................................................................................................28 11.2 RELIGIOUS HOLIDAYS.......................................................................................................29 11.3 HOLIDAY OBSERVANCE.....................................................................................................29 11.4 HOLIDAY ON DAY OFF......................................................................................................29 11.5 HOLIDAY COMPENSATION ................................................................................................29 ARTICLE 12-VACATION..........................................................................................................30 12.1 VACATION ACCRUAL.........................................................................................................30 12.2 VACATION SCHEDULING ...................................................................................................31 12.3 VACATION PAY..................................................................................................................31 12.4 VACATION UPON TERMINATION.......................................................................................31 ARTICLE 13 - SICK LEAVE........................................................................................................32 13.1 SICK LEAVE ACCRUAL......................................................................................................32 13.2 SICK LEAVE USAGE...........................................................................................................32 13.3 SHARED LEAVE..................................................................................................................32 13.4 COORDINATION-WORKER'S COMPENSATION................................................................32 13.5 FAMILY MEMBER 13.6 SICK LEAVE CASH OUT.....................................................................................................33 ARTICLE 14-LEAVES OF ABSENCE.....................................................................................33 14.1 IN GENERAL.......................................................................................................................33 14.2 JURY DUTY/COURT..........................................................................................................33 14.3 MILITARY LEAVE..............................................................................................................34 Teamsters Local No.252 Appraisers and Mason County 2019-2021 Collective Bargaining Agreement Page 3 14.4 BEREAVEMENT ..................................................................................................................34 14.5 MAINTENANCE OF SENIORITY ..........................................................................................34 14.6 LEAVE WITHOUT PAY.......................................................................................................34 14.7 FAMILY LEAVE-FMLA...................................................................................................34 14.8 MATERNITY LEAVE...........................................................................................................35 14.9 INCLEMENT WEATHER......................................................................................................35 14.10 WASHINGTON STATE PAID LEAVE COMPLIANCE............................................................35 ARTICLE 15-HEALTH & WELFARE.....................................................................................35 15.1 HEALTH AND LIFE INSURANCE.........................................................................................35 15.2 RETIREMENT AND TEAMSTERS PENSION..........................................................................36 ARTICLE16 -TRAINING............................................................................................................36 16.1 TRAINING...........................................................................................................................36 16.2 TRAINING REIMBURSEMENT.............................................................................................37 ARTICLE 17-LABOR/MANAGEMENT COMMITTEES...................................................37 17.1 PURPOSE OF COMMITTEE .................................................................................................37 17.2 : COMPOSITION OF COMMITTEE.........................................................................................37 17.3 COMPENSATION.................................................................................................................37 ARTICLE 18-HEALTH & SAFETY.........................................................................................37 18.1 SAFE WORKPLACE ............................................................................................................37 18.2 HEALTH & SAFETY PLAN..................................................................................................38 18.3 DRUG FREE WORKPLACE .................................................................................................3 S 18.4 WORK PLACE VIOLENCE..................................................................................................38 ARTICLE 19 - GRIEVANCE PROCEDURE .............................................................................38 19.1 GRIEVANCE DEFINED........................................................................................................38 19.2 GRIEVANCE PROCEDURE ..................................................................................................39 19.3 UNION/EMPLOYER GRIEVANCE......................................................................................41 19.4 SCHEDULE OF MEETINGS..................................................................................................41 ARTICLE 20 -NO STRIKE/NO LOCKOUT ...........................................................................41 20.1 No STRIKE/No LOCKOUT................................................................................................41 ARTICLE 21 -MANAGEMENT RIGHTS AND RESPONSIBILITIES ................................42 21.1 MANAGEMENT RIGHTS AND RESPONSIBILITIES...............................................................42 ARTICLE 22 - GENERAL PROVISIONS .................................................................................42 22.1 SAVINGS CLAUSE...............................................................................................................42 ARTICLE 23 -ENTIRE AGREEMENT.....................................................................................43 23.1 DURATION CLAUSE............................................................................................................43 23.2 ENTIRE AGREEMENT.........................................................................................................43 SIGNATURES.................................................................................................................................44 APPENDIX1....................................................................................................................................45 Teamsters Local No.252 Appraisers and Mason County 2019—2021 Collective Bargaining Agreement Page 4 PREAMBLE Mason County, a political subdivision of the State of Washington, hereinafter referred to as the "County"or"Employer,"and Teamsters Union Local No.252,hereinafter referred to as the"Union," do hereby enter into this Agreement. The Employer and the Union agree that the effective, efficient and uninterrupted performance of governmental service to the community is their common objective. In order to assist them in achieving that objective, this Agreement represents the establishment of fair and reasonable compensation and working conditions for.the employees in this bargaining unit through the collective bargaining process. The Employer and the Union recognize that the success of these objectives depends upon the Employer's success in establishing the service,upon the ability and creative contributions of the employees, and upon the joint efforts of both parties in improving the service. Therefore, the Employer and the Union encourage, to the greatest degree possible, friendly and cooperative relations between their respective representatives at all levels and among all employees. ARTICLE 1 —DEFINITIONS As used herein,the following terms shall be defined as follows: 1.1 Bargaining Unit(Union) shall be Teamsters Union Local No. 252. 1.2 Employer shall mean the Board of Mason County Commissioners and Mason County Elected Officials as identified in the Preamble to this Agreement. 1.3 Employee shall mean a person occupying a position and paid a salary or wage by the Employer and who is represented by the bargaining unit (as defined in Article 2.1 hereof) covered by this Agreement. Employee shall not include any person retained by the Employer under a written personal services or consultant contract or agreement. 1.4 Executive,Administrative, and Professional Employees shall mean all employees as defined in WAC 296-128-500. 1.5 Job classifications and salary steps are listed and categorized in Appendix A of this Agreement. 1.6 "Immediate family"shall be defined as persons related by blood,marriage, or legal adoption in the degree of relationship of grandparent, parent, wife, husband, brother, sister, child biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis who is under eighteen years of age; or eighteen years of age or older and incapable of self-care because of a mental or physical disability,grandchild,domestic partner (state registered), in compliance with WAC 296-130-030 and RCW 49.12.270 (or subsequent statutes)and other persons with the approval of the Elected Official/Department Head or designee. 1.7 Overtime shall mean all Employer-required work which has been performed in excess of forty hours per week, consistent with Article 6.4. 1.8 Promotion's,Transfers and Demotions defined and distinguished: Teamsters Local No.252 Appraisers and Mason County 2019—2021 Collective Bargaining Agreement Page 5 a. Promotion is a change of an employee from a job classification to a different job classification which is compensated at a higher salary range. b. Transfer is a change of an employee from a job classification to a different job classification which is compensated at the same salary range. c. Demotion is a change of an employee from a job classification to a different job classification which is compensated at a lower salary range. 1.9 Vacation shall mean a scheduled work day or accumulation of scheduled work days on which an employee may, by pre-arrangement, continue to receive the regular rate of compensation although he or she does not work. 1.10 Day shall mean for the purpose of timelines associated with grievances, appeals and policy issues, shall mean a calendar day. ARTICLE 2—RECOGNITION 2.1 RECOGNITION The Mason County Board of Commissioners for MASON COUNTY recognizes that the Teamster Union Local No. 252, Centralia and Olympia, Washington, has the right to bargain for all full-time and regular part-time employees of the Mason County departments of the Assessor's office including Appraisers and G.I.S. Technicians, excluding: supervisory employees, confidential employees, and employees participating in a job school program from Mason County high schools or, by mutual agreement, from any accredited college or vocational school, which shall be coordinated with the student's academic schedule, under the conditions set forth in the Washington State Public Employee's Collective Bargaining Act of 1967. All collective bargaining with respect to wages,hours and working conditions shall be conducted by authorized representatives of the Union and authorized representatives of the Employer. Agreements reached between the parties of this Agreement shall become effective only when signed by the authorized representatives of the Union and by the Board of Mason County Commissioners. 2.2 NEW CLASSIFICATIONS When new Regular or Temporary positions are created within the Departments represented or the classifications listed in Article 9.1,the Union will be notified of the pending action prior to hire. When existing classifications are substantially modified within the Departments represented or the classifications listed in Article 9.1, the Union will be notified of the pending action within ten (10) working days of the date that the position is first posted/ advertised or the proposed effective date of the action that would change the status of the classification. It is mutually agreed that it is the intent of the parties to meet, upon request by either party, in order to include or exclude new or modified positions in the bargaining unit consistent with the duties, responsibilities, and organizational level of the classification. The parties agree that new classification(s) designated and approved by the Employer to be within the non-represented pay plans shall be excluded from the bargaining unit, absent a request to meet within thirty (30) calendar days. Existing bargaining unit classifications shall remain within the Teamsters Local No.252 Appraisers and Mason County 2019—2021 Collective Bargaining Agreement Page 6 bargaining unit absent a mutual agreement by the parties or a decision by the Public Employment Relations Commission(FERC). If either parry disagrees with the pay plan designation for a new or reclassified position, the parties recognize the determination of whether the position is included within the bargaining unit may be reviewed by PERC upon petition by either parry or jointly. Should PERC determine the classification to be included in the bargaining unit, the position shall be placed within the Union salary schedule at the appropriate rate of pay and at a step arrived at either by mutual agreement/ negotiation or PERC ruling. ARTICLE 3—UNION SECURITY 3.1 UNION REPRESENTATION a. It is mutually agreed that only Union members of this unit shall engage in active participation in Union affairs of this unit or serve in a role of leadership of the unit such as: serving as a delegate or representative,serving on negotiating or other Union committees, or participating in other similar activities to the interest of the unit. b. The Union shall have up to a thirty (3 0) minute orientation with new employees' during the employees regular work hours. The Union will explain that it is the designated as the exclusive representative for all employees covered under the Collective Bargaining Agreement. The Union shall inform each new employee that membership in the Union is voluntary and only when an employee clearly and affirmatively consents to joining the Union may the Union collect fees. In addition,the Union shall explain to the new employee the rights and the benefits the employee would forgo by being a non-member. c. The Union agrees to accept employees as members without discrimination as to race,color, creed, sex, sexual orientation, national origin or physical, sensory or mental disability or protected classes under the law. d. The Employer will provide for payroll deduction of Union dues and initiation fees upon authorization by the employee.Payroll deduction authorization cards must be received by the County department by the 15th day of the month to be recognized as effective for that month. The County will transmit to the duly designated officer of the Union the total amount so deducted together with the list of names of the employees from whose pay deductions were made.All refunds of such deductions which may be required to be made to any employee,shall be made by the Union, and the Union shall settle all questions, and disputes between it and its members with reference to the deductions or refunds of the like without recourse to the County. e. The Employer will distribute one copy of this Agreement to each employee in the unit and to each newly hired employee of the unit.The cost of printing this Agreement shall be equally shared between the Department and the Union. ' f. The Union agrees to supply the Employer with lists of officers of the Union and representatives and to keep such lists current.The Employer will recognize the officers and representatives, or shop stewards. Teamsters Local No.252 Appraisers and Mason County 2019--2021 Collective Bargaining Agreement Page 7 g. Signatory organization will indemnify,defend,or hold the Employer harmless against any claims made and against any suit instituted against the County on account of any check-off of dues for the Union organization. The Union agrees to refund to the County any amounts paid to it in error on account of the check-off provisions upon presentation of proper evidence thereof by the County. 3.2 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 a Steward in the Union or serving on a Union committee. ARTICLE 4—UNION/EMPLOYER RELATIONS 4.1 UNION ACCESS Employees shall have the right to Union representation. The Union's authorized staff representatives shall have access to the Employer's premises where employees covered by this Agreement are working for the purpose of investigating grievances and contract compliance, after notifying the Employer. Access for other purposes shall not be unreasonably denied by the Employer. Such visits shall not interfere with or disturb employees in the performance of their work during working hours. 4.2 FACILITY USE The conduct of Union business on Employer time and premises shall be subject to the limitations set forth in this Article and with the understanding that no Union member or Steward shall use Employer's equipment in the conduct of Union business. The Union shall be permitted to use designated premises of the Employer for Union meetings, with or without Union staff present,provided it is not disruptive to operations and space is available. Use of Employer's premises for meetings shall be limited to the hours of 5pm to Sam and 12pm to Ipm,unless otherwise approved by the Employer. 4.3 STEWARDS The Union may designate Shop Stewards and alternates in the Appraiser's Office. Stewards shall be allowed reasonable time during working hours to investigate and process grievances. Prior to undertaking such grievance duties,the Steward shall inform his/her supervisor of the need to be away from his/her work. The Elected Official/Department Head shall grant the Steward's request unless the Steward cannot be spared at that particular time. If such is the case, then the Elected Official/Department Head shall allow the Steward time to perform his/her Steward duties at the earliest possible time. The Union shall provide the Human Resources Department with a current list of all Stewards. With notice to the Employer, Stewards shall be allowed reasonable time during working hours to investigate and process grievances, as defined in Article 4.8, 4.9 and 19.4. Union activities other than those provided for in this Article are to be conducted on the employee's own time; e.g. lunch or coffee breaks, before or after work. Employees shall attend Union meetings on their own time. Teamsters Local No.252 Appraisers and Mason County 2019—2021 Collective Bargaining Agreement Page 8 4.4 ORIENTATION During the new employee orientation process, Human Resources provide a copy of the Collective Bargaining Agreement and will notify new hire of their shop steward.Per RCW 41.56.037,each new hire will receive a minimum of thirty(30)minutes within the first ninety (90) days from the date of hire, and will take place at the employee's regular worksite or a mutually agreed upon location. Human Resources will notify the shop steward and Union representative of each new hire within ten (10)business days of the date of hire. 4.5 BULLETIN BOARDS The Employer will provide a bulletin board for Union use. No materials shall be posted except notices of meetings and elections,results of elections,changes in Union by-laws,notices of employee social occasions,similar Union notices,letters, and memoranda. Union will limit the posting of any material on the Employers' premises to its bulletin board. 4.6 CONTRACT DISTRIBUTION The Union will provide access to a copy of this Agreement to each new and current employee in the unit. 4.7 NEGOTIATIONS RELEASE TIME The Employer will make a good faith effort to assist in providing release time for Union negotiating team members participating in contract negotiations if negotiations take place on work time,provided that coverage can be arranged. 4.8 GRIEVANCE RELEASE TIME Prior to any proposed investigation of a grievance, Stewards provide notice to their and the grievant's supervisor, which will be granted unless the Steward or the grievant is working on something that requires immediate attention. If permission cannot be immediately granted, the Employer will arrange to allow investigation of the grievance at the earliest possible time. When it is necessary for Stewards to conduct Union business authorized by this Agreement in an area or on a shift other than their own,they shall notify the supervisor of that area or shift of their presence and of the nature of their business. No compensation shall be provided by the Employer for such steward activities outside the employee's work shift, without express pre-authorization by the steward's Department Director or Human Resources. 4.9 UNION BUSINESS Compensable Union business shall be defined as meeting with an authorized Employer representative who schedules a meeting during normal business hours when it is necessary for a duly authorized Steward of the Union (who is also a member of the bargaining unit) to attend for the purpose of resolving a grievance filed by a member of the bargaining unit,or other issues that require the presence of 4 Union official. When reasonably possible, the Union representative will notify their Supervisor or designee when they are requested to attend a Union meeting during regular business hours. Consistent with Articles 4.3, 4.8 and 19.4, stewards and/or the Officers shall be afforded reasonable time for the investigation of grievance and compliance issues dealing with this Agreement. Other Union business will not be conducted on Employer time. Any concerns by the Employer which indicate that a Steward is spending an unreasonable amount of time performing Union duties shall be referred to Human Resources for discussion and resolution with the Staff Representative of the Union or their designee. Teamsters Local No.252 Appraisers and Mason County 2019—2021 Collective Bargaining Agreement Page 9 The Union and the Employer have the right to communicate on matters of concern using e-mail, written correspondence, and telephonic communications. The Parties agree to ensure that all respective stakeholders are notified and copied appropriately.The parties agree to respond to written and e-mail correspondence and telephonic messages as soon as reasonably possible. 4.10 BARGAINING UNIT ROSTER The Auditor's Office will provide the Union with a list of all employees within the bargaining unit on an annual basis. The Auditor will also provide to the Union President/Shop Steward the name and other pertinent information regarding new hires. The Union agrees to supply Human Resources with current lists of Stewards. The Employer will recognize the stewards as soon as the list is received, in writing, by Human Resources. ARTICLE 5—EMPLOYMENT 5.1 PROBATIONARY PERIODS All newly hired employees will serve an initial probationary period of six(6)months,with the option of an extended education probationary period,and must complete one year in field training. Continued employment will be based on successful completion of the required education. During this period, an employee may be terminated for failure to pass the educational requirements or just cause. A probationary period may be extended by the Employer with written notice to the employee and the Union. A probationary employee does not have the right to grieve dismissal. Trial Service Period - Employees who are transferred or promoted to another position and/or classification in the bargaining unit shall serve a trial service period for three (3) months of work, consistent with Article 7.3. 5.2 TYPES OF EMPLOYMENT NOTE: BENEFITS ELIGIBILITY MAY NEED REVISED PER ACA 5.2.1 REGULAR FULL-TIME EMPLOYEES: A regular full time employee is scheduled to work forty (40) hours per week in a regularly budgeted, on-going position.. Regular Full-Time employees are eligible to receive the standard benefit package. 5.2.2 REGULAR PART-TIME EMPLOYEES: A regular part-time employee typically is scheduled to work a minimum of twenty(20)hours per week but no more than forty (40) hours per week in a regularly budgeted, on-going position. Regular Part-Time employees are eligible to receive the standard benefit package, prorated to match the FTE percentage and adjusted by actual hours worked. Medical benefits are consistent with Article 15.1. 5.2.3 TEMPORARY EMPLOYEES: A temporary employee is hired for a specific assignment that has a duration of employment and schedule that is anticipated to work one thousand and forty (1,040) hours or more in a twelve (12)month period. Teamsters Local No.252 Appraisers and Mason County 2019—2021 Collective Bargaining Agreement Page 10 A temporary employee is eligible for the standard benefits package, prorated to match the anticipated FTE percentage and adjusted by actual hours worked. Medical benefits are consistent with Article 15.1 if Part-Time Temporary.. If a regular employee accepts an assignment of a temporary position, that employee will be eligible for return rights to their former position upon completion of the specific assignment or term of the temporary employment or upon twenty (20) calendar days' notice from the Employer or 30 calendar days' notice from the employee, whichever is earlier. The regular employee shall continue to earn seniority as to their former position during the period of the temporary position assignment. Any new-hire employee who is hired to fill the vacancy, which was created by the regular employee accepting a temporary position,will also be hired as a temporary employee and that employee will cease to have employment rights upon the return of the regular employee to the former position. Employees in temporary positions serve an anticipated but not guaranteed term. While a term of employment is anticipated,the assignment/project may be terminated at any time for any reason,with or without notice. 5.2.4 EXTRA HELP/ON—CALL EMPLOYEES: An on-call/extra help employee works in a limited,but on-going capacity. They do not have a specific end date. Their schedule may consist of an intermittent or varying schedule per week on an as needed basis, and are anticipated to work fewer than one thousand and forty (1,040) hours within a twelve (12) month period. They are not eligible for the benefits package. 5.2.5 SEASONAL EMPLOYEES: A seasonal employee works for a specific amount of time and is not anticipated to meet or exceed one thousand and forty(1,040) accumulated hours in a twelve(12)month period. A seasonal employee is not eligible to receive the benefits package. 5.3 CONTRACTORS The Employer will make good faith efforts to limit bargaining unit work to employees covered by this Agreement. Should the Employer consider Subcontracting,the parties shall meet to allow the Union an opportunity to review the County's financial reasons for considering subcontracting and to present any alternative means of cost-savings besides subcontracting for the County to consider. If the County determines that subcontracting is necessary,the County shall negotiate with the Union the effects of subcontracting upon members of the bargaining unit. 5.4 STUDENTS/INTERNS Student and Internship programs may be created by the employer provided such does not take work away from budgeted classifications represented by the Union,the Union is provided notice and,upon request by the Union, the Employer meets with the Union to discuss the impacts and benefits of the program. Teamsters Local No.252 Appraisers and Mason County 2019—2021 Collective Bargaining Agreement Page 11 ARTICLE 6—HOURS OF WORK AND OVERTIME 6.1 WORKDAY/WORKWEEK The workweek shall normally consist of five(5)workdays within a seven(7)consecutive day period beginning Sunday at 12:00 a.m.through Saturday 11:59 p.m. The assignment of workdays and work schedules shall be determined by the Employer in order to meet business and customer service needs or in response to budgetary demands. Changes in work schedule, which may include changes in the schedule or total hours, shall be consistent with Article 6.2. 6.2 WORK SCHEDULES For regular full-time employees, the workweek shall normally consist of forty (40) hours of time scheduled within a seven(7)consecutive day period. Work hours for full-time employees covered by this Agreement shall normally be 8:00 a.m. to 5:00 p.m., unless a County Office or Department establishes an alternate work schedule as described below A. The regular workweek shall normally consist of five(5) consecutive workdays, Monday through Friday. B. The County may modify the regular workweek to support special purposes at specified periods of time(for instance,April/October tax receipt collections, and annual property revaluations), provided employees receive .at least five (5) working days' notice of the schedule change. C. The Employer may change employee work schedules with five (5) working days' notice to the employee and his/her Union representative. Less than five (5) working days' notice may be given if mutually agreed between the employee and the Employer. D. Hours shall be extended outside of normal business hours as necessary to allow for the uninterrupted and efficient operation of the Assessor's Office as determined by the Assessor or designee. Employees may continue to work 4-10 schedules, as allowed by the Assessor. The following shall apply to employees working a 4-10 work-week schedule: A. All hours compensated over ten(10)hours in a day or forty(40)hours in a week shall be paid at the rate of time and one-half(1 1/2)the regular rate. B. Any Holiday that falls on a scheduled work day of a four-ten work-week shall be paid at eight (8) hours' pay. Employees shall have the opportunity to use two (2) hours vacation/accrued comp time to supplement the eight hours' pay. If the employee does not have accrued vacation time or comp time available, the two hours shall be leave without pay. C. Sick Leave accumulation and Vacation Leave accumulation shall remain the same— one day accumulation shall mean eight(8)hours. Teamsters Local No.252 Appraisers and Mason County 2019—2021 Collective Bargaining Agreement Page 12 D. Sick Leave and Vacation Leave will be charged by the number of hours taken. E. If a call-out is required on a scheduled day-off, it will be treated in the same manner as any Saturday call-out. As scheduled by the Supervisor; Rest Breaks and Meal Periods will remain the same. Flex Time: Flexible starting and/or quitting times may be adopted, on a case-by-case basis, with mutual agreement between the employee and his/her Employer. These work schedule adjustments shall not result in the application of the overtime provisions. Alternate Work Schedule: Workweeks and work shifts of different numbers of hours and/or workdays may be established by the Elected Official/Department Head in order to meet business and customer service needs,or in response to budgetary demands. Employees may be assigned to an alternate work schedule with five(5)working days' notice from the Department Head. An employee may request to work an alternate work schedule, which shall be subject to the approval of the Employer. The alternate work schedule shall not result in the application of the overtime provisions. 6.3 REST/MEAL BREAKS Employees may be allowed up to a one (1)hour unpaid lunch period as approved and scheduled by the Employer. Employees are entitled to take one (1) fifteen-minute break for every four(4) hours worked. Breaks should be arranged so that they do not interfere with County business or service to the public. Lunch periods and breaks shall not be combined and they may not be used to shorten an employee's workday. 6.4 OVERTIME Any employee who works more than forty (40) hours in a workweek shall be compensated at the rate of one and one-half times their straight-time hourly rate for all such overtime hours worked. An employee assigned to work on a Sunday or on a Holiday, when it is not within the employee's usual work schedule,shall be compensated at a rate of two times their straight-time hourly rate for all hours actually worked, in addition to any Holiday Benefit pay. All overtime must be pre-approved by the Employer. - Upon a request to work beyond the regular workday or workweek, by mutual agreement, the parties may agree upon an adjusted work-week for that specific workweek, for purposes of employee convenience and to avoid overtime 6.5 Comp TIME The Employer may authorize comp time in lieu of overtime compensation and, if so, the employee shall receive comp time at the rate of one and one-half times their straight-time hourly rate for all overtime hours worked. Comp time earned may not exceed eighty (80) hours at any point in time. Employees shall receive overtime compensation whenever their accrued comp time reaches the eighty(80) hours maximum. Upon approval by the County, the employee may be permitted to cash out all or part of the excess comp time. For employees hired on or after January 1, 2019,no rollover comp time can be banked, and the allowed eighty(80)hours of accrued comp time must be used by the end of each year. If the employee does not use all their accumulated comp time,they will receive a payout for the unused comp time on the December 25 payroll check. Teamsters Local No.252 Appraisers and Mason County 2019—2021 Collective Bargaining Agreement Page 13 The scheduling of comp time off shall be requested and approved in the same manner as vacation leave. Compensation shall not be paid (nor comp time earned) more than once for the same hours under any provision of this Article or Agreement. Premium or overtime pay shall not be duplicated or pyramided unless required by the Fair Labor Standards Act, in which case premium or overtime pay shall be based on the employee's regular rate of pay. Unless there are bon a fide work requirements, authorized overtime work opportunities shall be distributed as equally as possible, in inverse order of seniority within job classifications. Employees may decline voluntary overtime opportunities. ARTICLE 7—EMPLOYMENT PRACTICES 7.1 NONDISCRIMINATION Under this Agreement, neither party will discriminate against employees on the basis of race, sex, age,marital status,color,creed or religion,national origin,political affiliation,veteran status,sexual orientation,or any real or perceived sensory,mental or physical disability,or because of participation in or lack of participation in union activities. Bona fide occupational qualifications based on the above traits do not violate this Section. Sexual harassment will be considered discrimination under this Article. Disputes involving this Article may be processed through an appropriate agency and/or the grievance procedure;however,use of the grievance procedure is encouraged prior to the initiation of any other official action involving such a dispute when the action is originated by the Union or members thereof. Whenever words denoting gender are used in this Agreement,they are intended to apply equally to either gender. 7.2 JOB POSTING When a job opening or vacancy in the bargaining unit occurs,notice of such position shall be posted by the Human Resources Department for a period of no less than seven(7) calendar days before the position is filled.The posting shall indicate the salary range for the position,the required or preferred minimum qualifications and/or experience,the Department to whom the position will report and the application process. Union positions will be identified as such. Job vacancies (or newly created positions)under this Agreement shall be posted as follows: A. The posting of a vacant or new position shall begin in the department in which the position exists, and shall be limited to bargaining unit employees within that department. The notice shall be posted for seven(7)calendar days. Former bargaining unit employees of the department who were laid off from another job classification and are on the recall list shall be notified of such vacancies during their recall period. These individuals may apply for internal job openings-and shall be considered at the same time as active bargaining unit employees of the department. Teamsters Local No.252 Appraisers and Mason County 2019—2021 Collective Bargaining Agreement Page 14 B. If a qualified candidate is not identified internally, the department head shall post the position bargaining unit-wide for seven(7) calendar days. Bargaining unit employees who were laid off and are on the recall list may apply for the position. A Department Head may elect to simultaneously post the position within his/her department and bargaining unit-wide for seven(7) calendar days. C. Qualified employees must apply for the posted position within the seven (7) calendar day posting period(s) described above in order to be considered. If a qualified candidate is not identified,the Department Head may post the position generally. D. The term "qualified" shall mean that the applicant meets the qualifications for the position as stated on the job description and, if the applicant is an employee, he/she shall not currently be in a sustained disciplinary process. It is the Employer's interest to fill positions with the most qualified individuals who apply. While qualified employees within the bargaining unit shall be given first consideration for a position, the Employer may consider outside applicants if two or less qualified bargaining unit employees apply. 7.3 PROMOTIONS Promotions, Transfers and Demotions defined-As used in this Article the following terms mean: A) Promotion is a change of an employee from a job classification to a different job classification which is compensated at a higher salary range. B) Transfer is a change of an employee from a job classification to a different job classification which is compensated at the same salary range. C) Demotion is a change of an employee from a job classification to a different job classification which is compensated at a lower salary range. Employees who are reclassified,promoted or transferred may serve a trial service period of up to three (3)months. Employees may elect to revert to their previous job classification and position within thirty (30)calendar days of the effective date of their reclassification,promotion or transfer. After thirty(30) days, if the employee is unsuccessful in the new position,the employee shall be returned to his or her previous position only if it is vacant(i.e.an offer of employment has not been extended). If the position is not vacant or if it has been abolished, the employee will be laid off in accordance with Article 8, Seniority,except that the employee shall not be eligible to exercise the bumping provision. Employees on trial service shall be paid the appropriate established salary for that position and if reverted, either voluntarily or by the Employer, will return to their previous salary (including any adjustments due, e.g., salary increase, step increases, etc.). 7.4 PERSONNEL FILE/POLICIES Unless otherwise provided by the terms of this Agreement, the Employer Administrative and Personnel Policies shall apply to members of this bargaining unit. Employees shall also refer to Employer policies to resolve matters not covered by this Agreement or for clarification of matters covered by this Agreement. However, where there is a conflict between Employer policies and any provisions of this Agreement,the provision(s) of this Agreement shall govern. The official personnel file for each employee shall be clearly identified as such and the Human Resources Department shall be the custodian of such files. The files shall be locked, and access shall be limited to the employee's Elected Official/Department Head or anyone designated by the Employer Teamsters Local No.252 Appraisers and Mason County 2019_2021 Collective Bargaining Agreement Page 15 to act on their behalf, and staff in the Human Resources Department. An employee may examine his/her own personnel file by making an appointment with Human Resources. Representatives of the employee may be granted access with the written authorization of the employee, except as authorized by law. Conditions of hiring, termination change in status, shift, evaluations, commendations and disciplinary actions shall be in writing with a copy to the Employee prior to placement in their personnel file. The Employer's failure to abide by this Article pertaining to personnel file access shall not affect the Employer's ability to proceed with the merits of discipline or discharge but may be a separate Union grievable matter and any grievance time-lines will be correspondingly extended. Employees shall have the right to provide a written response to any written evaluations or disciplinary actions to be included in the personnel file. Upon approval of the Human Resources Department, employees may add additional documents to their personnel file including, but not limited to, certifications, degrees, and commendations. Medical files shall be kept separate and confidential in accordance with state and federal law. 7.5 EVALUATIONS The purpose of evaluation is to help an employee be successful in performance and to understand the standards and goals of their position and their Department. The evaluation will assess and focus on the employee's accomplishment of their job functions and the goals and standards of the position. Where the employee does not meet the above, a plan for correction, training or support should be developed with the employee. Evaluation may occur in two forms: 7.5.1 All regular employees should be formally evaluated in writing by their immediate supervisor and/or Department head or designee during the probationary or trial service period and at least annually(at date of hire or a common date)thereafter. 7.5.2 Additionally, evaluation of job performance may occur at any time and on an ongoing basis. Evaluation may occur in various ways and may include coaching, counseling or written assessment. The evaluation process shall also include a review of the current job description. Evaluation shall not,by itself,constitute disciplinary action—disciplinary action must be specifically identified as such, in writing, consistent with Article 7.6. Employees will be given a copy of the evaluation. Employees will be required to sign the evaluation, acknowledging its receipt. Evaluations are not grievable,however, employees may elect to provide a written response to the evaluation, which will be retained with the evaluation in the employee's personnel file. Teamsters Local No.252 Appraisers and Mason County 2019—2021 Collective Bargaining Agreement Page 16 7.6 DISCIPLINE/CORRECTIVE ACTION The Employer agrees to act in good faith in the discipline, dismissal or demotion of any regular employee and any such discipline, dismissal or demotion shall be made only for just cause. No employee shall be discharged except for just cause. The parties recognize that just cause requires progressive discipline. Progressive discipline may include: • oral warnings, which will be documented; • written warnings — which may also include work performance improvement or corrective action plan for poor work performance or misconduct, • suspension without pay; • demotion; or • discharge. The intent of progressive discipline is to assist the employee with performance improvement or to correct misconduct. Progressive discipline shall not apply where the offense requires more serious discipline in the first instance. Both the sequencing and the steps of progressive discipline are determined on a case-by-case basis, given the nature of the problem. All disciplinary actions shall be clearly identified as such in writing. The employee will be requested to sign the disciplinary action. The employee's signature thereon shall not be construed as admission of guilt or concurrence with the discipline, but rather be acknowledgment of receipt. Employees shall have the right to review and comment on disciplinary actions in their personnel file. A copy of all disciplinary notices shall be provided to the employee before such material is placed in their personnel file. Employees disciplined or discharged shall be entitled to utilize the grievance procedure. If, as a result of the grievance procedure utilization,just cause is not shown, personnel records shall be cleared of reference to the incident, which gave rise to the grievance. The Employer will notify the Union in writing within three (3) working days after any_ notice of discharge. The.failure to provide such notice shall not affect such discharge but will extend the period within which the affected employee may file a grievance. The Employer recognizes the right of an employee who reasonably believes that an investigatory interview with a supervisor may result in discipline to request the presence of a Union representative at such an interview. Upon request, they shall be afforded a Union representative. The Employer will delay the interview for a reasonable period of time in order to allow a Union representative an opportunity to attend. If a Union representative is not available or delay is not reasonable, the employee may request the presence of a bargaining unit witness. (Weingarten rights) Employees shall also have a right to a notice and a determination meeting prior to any disciplinary action (except oral warning). The Employer must provide a notice and statement in writing to the employee identifying the performance violations or misconduct alleged, a finding of fact and the reasons for the proposed action. The employee shall be given an opportunity to respond to the charges in a meeting with the Employer, and shall have the right to Union representation during that meeting,upon request. (Loudermill rights) Teamsters Local No.252 Appraisers and Mason County 2019—2021 Collective Bargaining Agreement Page 17 The Employer shall endeavor to correct employee errors or misjudgments in private,with appropriate Union representation if requested by the employee. Discipline shall be subject to the grievance procedure in this Agreement as to whether or not such action as to any post-probationary employee was for just cause. Just cause shall be established if the following has been shown by the Employer: 7.6.1 That the Employer did forewarn employee of possible consequences of conduct; 7.6.2 That the Employer policy, rule, or order involved reasonably related to the orderly, efficient, or safe operation of the Employer; 7.6.3 That before administering discipline, the Employer did make an effort to discover whether employee did, in fact, violate or disobey an Employer policy or rule; 7.6.4 That the Employer conducted its investigation objectively; 7.6.5 That, in the investigation, the Employer did obtain evidence or proof that the employee violated such Employer policy or rule; 7.6.6 That the Employer applied its rules, orders, and penalties without discrimination under the circumstances; and 7.6.7 That the degree of discipline was reasonably related to the seriousness of the offense and/or the employee's record. ARTICLE 8—SENIORITY 8.1 DEFINITIONS Office/Department Seniority: the service time spent in each individual Elected Official's Office or Department within the bargaining unit. Employer/County Seniority: The total unbroken service with Mason County. An employee's County seniority shall be established as the initial date of hire upon completion of the original six (6) month probationary period. Bargaining Unit Seniority: the total length of continuous calendar-based service with the Employer and in the bargaining unit. Seniority shall be established upon appointment to a regular full-time or part-time,budgeted position within the bargaining unit. No seniority shall be established while an employee is employed in Seasonal or Extra Help/On-Call position. Time in service in a Temporary position shall count for leave accrual or step movement purposes only. A Temporary employee or a Regular employee in a Temporary position who is hired without a break in service directly into a Regular position in the same classification shall be credited for Office/Department Seniority from the original date of hire into that classification. Teamsters Local No.252 Appraisers and Mason County 2019—2021 Collective Bargaining Agreement Page 18 The appointment date shall be adjusted for leaves of absence without pay, except when such leaves are the result of federal or state legally protected leaves. Other Definitions: 8.1.1 Application of Seniority How an employee's years of continuous service are utilized to determine their respective rights in regard to postings,promotions,reassignment, transfer,layoff, or recall. 8.1.2 Continuous Service Means uninterrupted employment with the Employer subject to the following provisions: 1. Continuous calendar-based service shall include uninterrupted employment. 2. Continuous service is terminated by resignation,termination,retirement, layoff or failure to respond to two offers of recall to former or comparable employment. 8.1.3 Layoff A layoff is identified as the anticipated and on-going or prolonged reduction in the number of full-time equivalent(FTE)positions or in the number of partial FTEs within the Employer or within a j ob classification covered by this Agreement.A reduction in force in a classification may occur for reasons of lack of funds, lack of work, efficiency or reorganization. Reductions in force are identified by classification within the affected Office or Department. 8.1.4 Affected Group/Employees An Affected Group would be any job classification that is subject to a layoff. An Affected Employee would be the least senior employee(s) within an affected job classification which are subject to lay-off or reduction in force and have certain rights as a result. 8.1.5 Layoff Alternatives A number of alternatives exist for affected employees including: 1. Assume a vacant position-per Article 8.13.1 2. Bump- displacing a less senior employee 3. Recall -accepting unemployment and the option of future recall 8.1.6 Bumping The displacement of a less senior regular employee by another regular employee with more seniority as defined by this Article. 8.2 APPLICATION OF SEMORITY In the event of reassignment,transfer,layoff,or recall,seniority shall be the determining factor where employees are equally qualified to do the job. Seniority shall be applied in the following manner: For the purpose of promotions and/or layoff,from within a department,seniority shall mean time spent in a job classification within the bargaining unit. Teamsters Local No.252 Appraisers and Mason County 2019—2021 Collective Bargaining Agreement Page 19 For all other purposes, seniority means total unbroken service with Mason County. An employee's County seniority shall be established as the initial date of hire upon completion of the original six(6)month probationary period. 8.2.1 Postings/promotions In regard to job postings, promotion and reassignment, "qualifications" and/or"ability"will be the primary consideration,with such posting or promotion being consistent with Article 7 and this Article. Qualifications will include the minimum qualifications of education, training and experience as set forth in the job description, as well as the job performance, ability, employment record and contribution to the needs of the Department. 8.2.2 Layoffs Total Office/Department Seniority shall determine who is to be laid off within the selected classification(affected group) and within the Office or Department. The least senior regular employee(s) within the classification shall be the affected employee(s). In the event of two employees having the same Office / Department Seniority, bargaining unit seniority shall be determinative. In the event of two employees having the same bargaining unit seniority, Employer seniority shall be determinative. 8.2.3 Bumping As to bumping, the employee's "competence" and the ability to adequately perform the unique functions of the job assignment will be the primary consideration, applied in accordance with seniority. Competence / Ability to adequately perform will be defined as the immediate, clear and full performance on the job, with a minimal period of orientation and no material reduction in the efficiency of the operation or services, as determined by the Employer. 8.2.4 Recall Seniority shall be determinative in the identification of which employee is to be recalled, when there are more than one who is qualified and/or have previously performed a position. In the event that an employee is being recalled to a new position, the employee's qualification and the ability to adequately perform the unique functions of the job assignment will be the primary consideration, applied in accordance with seniority, consistent with Article 8.2.3. 8.3 PROBATIONARY PERIOD Upon successful completion of the probationary period, the Employer seniority of the Regular employee shall be established as the initial date of hire including the service during the probationary period. Department seniority shall then be based on continuous service with the Department. 8.4 LOSS OF SENIORITY Seniority shall terminate by discharge from service or by voluntarily leaving County service;provided that employees on layoff status retain the seniority they had at time of lay-off for eighteen(18)months from date of layoff. Teamsters Local No.252 Appraisers and Mason County 2019—2021 Collective Bargaining Agreement Page 20 An employee,therefore, will lose seniority rights by and/or upon: 8.4.1 Resignation. 8.4.2 Discharge. 8.4.3 Retirement. 8.4.4 Layoff/Recall list of more than eighteen(18) consecutive months. 8.4.5 Failure to respond to two offers of recall to former or comparable employment. Employees who are re-employed following the loss of their seniority, shall be deemed a newly-hired employee for all purposes under this Agreement,except as provided in the following: if an employee is laid off or resigns in good standing after working at least twelve (12) consecutive months, and is thereafter re-employed within twelve (12) months (or eighteen (18) months in the event of recall), the employee will, upon successful completion of the probationary period, regain the seniority that they had as of the effective date that the employee resigned. 8.5 LAYOFFS A layoff is identified as the anticipated and on-going or prolonged reduction in the number of full- time equivalent (FTE) positions or in the number of partial FTEs within the Employer or within a job classification covered by this Agreement. For purposes of this article, layoff is further identified as any reduction in hours which results in a regular position being less than their budgeted FTE. Total Office / Department Seniority shall determine who is to be laid off within the selected classification. Bumping rights are determined by Office or Department seniority, consistent with Article 8.2. Employees scheduled for layoff may bump into another employee's position in lieu of being laid off, if all of the following conditions are met: 1) They have more seniority than the employee they will bump; 2) The job classification they are bumping to is paid on a salary range that is equal to or less than the salary range of their job classification; 3)They previously held status in that j ob classification or they are determined by the Employer to be qualified to immediately perform the primary functions of the job; and 4) They provide at least five(5)working days' notice from the date of the layoff notice of their intent to exercise their bumping right to the Employer. Layoff process: A. The Employer may reduce the work force because of lack of work, lack of funds, or workflow reorganization. B. If a reduction in the work force becomes necessary, the Employer will first consider reduction through normal attrition, (i.e.,by not filling normally occurring vacancies). Teamsters Local No.252 Appraisers and Mason County 2019—2021 Collective Bargaining Agreement Page 21 C. If normal attrition is not feasible,then the Employer shall determine which positions(s) will be eliminated. The least senior employee(s) in the affected job classification(s) within the affected department shall be laid off. Before laying off any regular employee, all temporary and probationary employees within the same Office or Department shall be laid off first, provided there is a regular employee qualified to do the work of the position. 8.6 NOTICE Employees scheduled for layoff shall be given at least fourteen (14) calendar days' written notice of the layoff. 8.7 MEETING WITH UNION The Union shall also be notified in writing of any reduction in hours proposed by the Employer, including the purpose, scope, and duration of the proposed reduction. Upon the Union's request,the Employer and the Union shall meet promptly during the notice period identified in Article 8.6 to discuss the reasons and the time-lines for the layoff and to review any suggestions concerning possible alternatives to layoff. Union concerns shall be considered by the Employer prior to implementation of any reduction in hours. This procedure shall not preclude the Employer from providing notice to employees or requesting volunteers to take leaves of absence without pay,provided the Employer notifies the Union of the proposed request. 8.8 AFFECTED GROUP The following procedure shall apply to any layoff: 8.8.1 Affected employees The Employer shall first determine by job classification the number of employees or FTEs to be affected by the layoff. The employee(s) holding such FTEs, which are subject to layoff, shall be the"affected employee(s)." The least senior employee, by Office or Department seniority, within the affected job classification shall be selected for layoff,consistent with Article 8.2.2. The exception would be only when the Employer determines that the position requires unique qualifications and abilities necessary to perform the specialized and required functions of that position, which would then become an overriding factor. In cases where Office or Department seniority within a job classification is equal,bargaining unit seniority will be the determining factor. In the event this is also equal, Classification seniority will control. In the event this is also equal, Employer seniority will control. If all of the seniorities are equal, then Management shall make the final decision based on performance and job skills. 8.8.2 Volunteers Simultaneous with implementing the provisions of the layoff procedure, the Employer may first seek, by a five (5) working day posting process, volunteers for layoff or voluntary resignation from among those employees who work within the same job classification as the affected employees. If there are more volunteers than affected employees, volunteers will be Teamsters Local No.252 Appraisers and Mason County 2019—2021 Collective Bargaining Agreement Page 22 chosen by bargaining unit seniority. Employees who volunteer for layoff may opt for recall rights as described in this article at the time of layoff. If there are no or insufficient volunteers within the affected job classification,the remaining affected employees who have received notice must choose promptly (within five (5) full working days of receipt of the Notice) among the layoff options set forth in Article 8.13. 8.8.3 Probationary Employees If the number of volunteers is not sufficient to meet the announced number of necessary layoffs, and if the affected employee is an initial probationary employee,then that employee shall be laid off and are ineligible to select among layoff options. 8.9 VACANT POSITIONS Positions will be filled in accordance with Article 8.2 and other sections of this Article. Within the bargaining unit and the Department, affected employees and employees on the recall list shall be given first opportunity for vacant bargaining unit positions for which they are qualified prior to outside hiring by the Employer,consistent with Article 8.13.1. Within other Departments affected employees will be given consideration for vacant positions for which they are qualified. 8.10 SENIORITY LIST The Employer shall update the seniority list and provide it to the Union annually or upon request, consistent with Article 3.3. If a layoff is announced, a current ranked seniority list including job classifications,names,job locations, and FTE or hours per week shall be provided to the Union and posted in the affected Department. 8.11 ORDER OF LAYOFF The least senior employee (by Department Seniority) within the affected job classification and affected Department shall be selected for layoff. No regular employee shall be laid off while another employee in the same classification within the Department is employed on a probationary,extra help or temporary basis,unless specialized skills are required to fill the position that are not possessed by the regular staff member. This provision shall apply only to the classification where the initial layoff occurs and not to the classification into which laid off employees have bumped. 8.12 COMPARABLE EMPLOYMENT For purposes of this Article, "comparable employment," "comparable position" or vacancy shall be defined to include a position which has the same salary pay range and, additionally,the educational and experience qualifications,FTE and work-week are substantially similar. 8.13 LAYOFF OPTIONS Affected employees who have completed their probationary period shall have the following options: 8.13.1 Assume a Vacant Position On a bargaining unit seniority basis,to assume a vacant position in the same Department and bargaining unit, for which they are qualified. On a bargaining unit seniority basis, the employee shall also be considered for available job openings within the Employer for which the employee is qualified. Teamsters Local No.252 Appraisers and Mason County 2019—2021 Collective Bargaining Agreement Page 23 When a regular full-time or part-time employee is being laid off the Employer may offer a temporary position if one is available and the employee has the ability to perform the work. Laid off employees who accept these assignments will be provided the benefits and provisions of the temporary assignment. Employee(s) accepting these assignments will be subject to recall. 8.13.2 Bump Employees notified for layoff may bump other employees in their own department in lieu of being laid off,if all of the following conditions are met: 1) They have more seniority than the employee they will bump; 2) The job classification they are bumping into is paid on a salary range that is equal to or less than the salary range of their job classification; 3) They previously held status in that job classification or they are determined by the Employer to be able to immediately perform the primary duties of the position they are requesting to bump into; and 4)They provide written notification to their department head of their intent to exercise their bumping right within five(5)calendar days' of receiving their layoff notice. Under no circumstances shall an employee's exercise of his/her bumping right result in a greater benefit to the employee than previously held(e.g. a promotion or increase to full-time if previously part-time). The employee bumping into another position shall be given an orientation period to familiarize the employee with the practices and/or policies related to the job. The employee who may be displaced by the more senior employee who is bumping shall be provided at least fourteen(14) calendar days' written notice of layoff. If this employee is eligible to bump another employee pursuant to the conditions, outlined in this subsection,then that third employee identified for layoff shall be laid off. It is understood that employees being laid off and/or recalled under this Agreement must meet the education, experience and, if applicable, license and/or certification requirements and be able to immediately perform the primary duties of the position they are requesting to bump or be recalled into. Regular Employees faced with a reduction of hours shall have the option of remaining in the reduced position (if above the 20 hour threshold) or bumping to a lower classification, if competent as defined in Article 8.2.3. Competent shall mean having demonstrated skills and required experience to perform the job; and in case of disputes, the final decision shall be made by the Employer. An employee who has bumped shall move to the highest step of the new range that does not exceed their current salary. If there is no employee in the next lower classification who is less senior than the person scheduled for layoff, that person may look progressively to the next lower classification for such bumping rights. Teamsters Local No.252 Appraisers and Mason County 2019—2021 Collective Bargaining Agreement Page 24 The employee who is bumped by the affected employee shall have the same rights under this Article. 8.13.3 Recall If the affected employee elects not to take a vacant position, elects not to bump or cannot immediately and adequately perform the functions of the job assignment in assuming a vacant or bumped position, then that employee will be placed on the recall list and will be eligible for recall under Article 8.15. Nothing contained in this layoff section shall be construed to require the Employer to modify its position and classification structure in order to accommodate bumping or other re-employment rights. Salary placement rules shall apply to recall to regular positions and to employees who have bumped. Employees bumping to another position shall retain their old anniversary date for purposes of step increases. Persons recalled to the same salary range shall be placed in their former step and time in step. The salary for non-regular positions not represented by the bargaining unit shall be determined by the Employer. 8.14 REDUCTION HouRs/FTE An employee subject to an involuntary reduction in their HE may elect to accept the reduction,may bump and/or may elect to be placed on recall in accordance with Article 8.13. If the reduction results in hours less than their budgeted FTE,it will be considered a layoff and the employee shall have the right to bump or recall list. 8.15 RECALL Any regular employee who is laid off shall have his/her name placed on a recall list within his/her department for the classification he/she was laid off from, for any lower classification in the same series,and for any other classification in which the employee has held regular status. The employee's name shall remain on the recall list(s)for a period of eighteen(18)months from date of layoff. Persons shall be recalled in inverse order of layoff to the classification held at the time of layoff. Employees who were laid off may be considered for other positions in the Assessor's office that they are deemed qualified to perform. It shall be the responsibility of each person on a recall list to keep the County informed of his/her current address and telephone number. The layoff letter to the employee shall advise him/her of their recall rights and of the name and address of the person in County government to whom the employee must send notice of their current address or any subsequent changes. The County shall have the right to remove the name of any person on the recall list if there is no response within fourteen(14)calendar days after the County has mailed a certified letter (return receipt request) to the person's last known address. If an employee on recall accepts an opportunity to return to work in a lower classification than the one laid off from,the employee's name may remain on the recall list for their previous higher classification for the balance of the eighteen(18)months,and shall be given an opportunity to accept such a position if it should become available. If an employee is recalled to return to the same classification from which he/she was laid-off, and refuses the offer to return, his/her name shall be removed from the recall list and further return rights shall be forfeited. Teamsters Local No.252 Appraisers and Mason County 2019—2021 Collective Bargaining Agreement Page 25 Employees recalled to their former classification within eighteen(18)months of being laid off shall be placed at the same salary range and step, and time in step, in effect at the time of layoff. In addition, employees recalled to County service within eighteen (18) months to the same or another job classification in the bargaining unit shall have the sick leave balance as of the date of layoff restored (unless the employee received a sick leave cash out at the time of layoff), shall accrue vacation leave at the same accrual rate in effect as of the date of layoff,and the number of years of continuous county service at the time of layoff shall be credited towards eligibility for the longevity benefit. Employees recalled into regular part-time positions shall be subject to pro-rated benefits as described in other articles of this Agreement. As long as any employee remains on the recall list the Employer shall not newly employ by hiring persons into the affected bargaining unit classification(s),within their Department,until all qualified employees holding recall rights to that affected classification have been offered recall. A copy of the recall list shall be provided to the Union,upon request. There shall be no probationary requirement for persons returning to their former position if the initial probationary period has been completed. Employees shall not lose seniority original as a result of layoff for a period of up to eighteen (18) months, per Article 8.4.4; provided, however, that no benefits nor seniority shall be accrued during the period of layoff. 8.16 VACATION&LEAVE CASH OUTS/PAY Any regular employee who is laid off or terminated shall be cashed out for any unused vacation benefits or comp time with their final paycheck, to the extent of established maximums (per other Articles of this Agreement). Sick leave balances at the date of layoff shall be restored upon recall with the Employer if the person is recalled into a regular position from the recall list and the employee did not receive a sick leave cash-out per Article 13.1. No sick leave shall accrue during the period of layoff. If a person on the recall list is employed in a temporary position, only sick leave accrued during temporary employment may be used during temporary employment. Sick leave accrued during temporary employment may be added to any existing sick leave balance if the person is hired into a regular position from the recall list. 8.17 UNEMPLOYMENT CLAIMS If laid off employees apply for unemployment compensation benefits,the Employer will not contest the claim and will confirm that the employee was laid off. ARTICLE 9—WAGES 9.1 WAGE SCHEDULE. Effective January 1, 2019 through December 31, 2021, each employee shall have his/her base wage as set forth in Appendix I and adjusted by an across the board increase as set forth below: Teamsters Local No.252 Appraisers and Mason County 2019—2021 Collective Bargaining Agreement Page 26 INCREASE 1/1/2019 1.50% 1/1/2020 1.75% 1/1/2021 2.00% Should it become necessary to establish a new job classification within the bargaining unit during the life of this Agreement, the Employer may designate a job classification title and salary for the classification. The salary for any new classification within the bargaining unit shall be subject to negotiations, consistent with Article 2.2. Each move within a range is determined by the employee's anniversary date. The anniversary date is the day the employee started work within a range. Upon promotion of an employee placing him/her in a higher range, the date of the promotion becomes the anniversary date that determines future step increases within that range. The employee's actual date of hire with Mason County will always remain the same(regardless of promotion) for purposes of vacation leave, sick leave, and retirement. The Employer shall make available information monthly which shall reflect all items covered by gross pay such as; sick leave,vacation time, straight time and overtime. 9.2 HmE-IN RATES New regular employees shall normally be placed at Step 1 of the appropriate salary range or placed consistent with current personnel rules. ARTICLE 10—OTHER COMPENSATION 10.1 CALL—BACK PAY Regular and Temporary full-time employees who are called back to work after leaving the job site (and not adjacent to the next regularly scheduled shift), shall receive a minimum of two (2) hours' pay at the overtime rate. When an employee is called out between shifts,the time worked between shifts shall be paid at the rate of one and one-half(11/2) times the regular rate. De minimis phone contact does not constitute a call back. After working the call out shift,the employee may have the option of working the next regularly scheduled shift,provided the supervisor and the employee feel the employee can carry out the duties of the position safely. When the employee does continue working, the time worked on the next regularly scheduled shift shall be compensated at the normal straight time rate. Part time employees who are called back to work after leaving the job site shall receive a minimum of two (2)hours' pay at the appropriate rate of pay. All employees will respond to emergency call-outs unless extenuating circumstances such as illness or other incapacitation prevent the employee from responding. Pursuant to provisions of RCW 38.52 concerning Emergency Management, and Mason County Code 2.19.050, the County may utilize personnel of any County Department or agency in a declared disaster. During periods of emergency, changes of shift can be made with eight (8) hours' notice, provided the employee has eight (8) hours off between the two (2) shifts. Teamsters Local No.252 Appraisers and Mason County 2019—2021 Collective Bargaining Agreement Page 27 This provision shall apply to employees who are required to attend Employer scheduled meetings on their regularly scheduled day(s) off. 10.2 WORK IN A HIGHER CLASSIFICATION No employee shall be reduced in salary or benefits because of being assigned by the Employer to perform the work of a lower classification,except in the situation of lay off. A supervisor may assign an employee to perform the primary duties of a higher classification, when those duties are not part of the employee's current job classification,for the purpose of: A. Providing work coverage during an authorized vacation period; B. Providing work coverage during an authorized sick leave; C. Providing work coverage for an authorized leave of absence; or D. Providing work coverage for a currently vacant position. Employee(s) assigned to work at least three(3), eight(8)hour days within a twenty-one(2 1) calendar day period, in a higher classification will receive the first step salary of the appropriate classification that provides at least a five percent (5%) increase for all time spent in that higher classification. The employee must be performing most of the essential functions of the higher classification to have that time count toward the additional compensation. This section is not applicable to employees who are being trained to perform the work of the higher classification. 10.3 MILEAGE REIMBURSEMENT All bargaining unit employees who are required to use their own vehicles for Employer business shall be reimbursed at the mileage rate set by the current policy for all miles driven on such business. 10.4 LONGEVITY The County shall provide additional compensation above each eligible,regular full-time employee's base salary(or base hourly rate,if applicable)to recognize continuous length of service as a County employee. Eligible, regular part-time employees shall receive pro-rated longevity benefit in ,proportion to the number of hours the regular part-time employee is in pay status during the month as compared to that required of full-time employment. The longevity benefit will be implemented in accordance with the following schedule: Beginning in 11th and continuing thru 15th ears 1.5%above base Beginning in 16th and continuing thru 20th ears 3.0%above base Beginning in 21St and continuing thru 25th ears 4.5%above base Beginning in 26th year and continuing thereafter 6.0%above base 10.5 CLOTHING ALLOWANCE The County shall provide an annual clothing allowance to each bargaining unit employee in the amount of Two Hundred Dollars ($200),payable by the second payday in July. ARTICLE 11 -HOLIDAYS 11.1 HOLIDAYS The following designated annual paid Holidays shall be observed per County Policy (other than the Floaters). Teamsters Local No.252 Appraisers and Mason County 2019—2021 Collective Bargaining Agreement Page 28 New Year's Day Labor Da Martin Luther King Day Veteran's Da Armistice Da Presidents' Day Thanksgiving Da Memorial Day Day After Thanksgiving* July Fourth Christmas Day I Two 2 Floating Holidays * For employees on 4-10s(Monday through Thursday),the `Day after Thanksgiving' holiday shall be observed on Wednesday,the day before Thanksgiving. Eligible full-time employees shall receive eight (8)hours of holiday benefit pay. Regular part-time employees shall be paid pro rata holidays in accordance with the number of hours regularly compensated. For any Holiday to be paid, an employee must be in paid status the employee's scheduled work-day before and the employee's scheduled work-day after the Holiday. The floating holidays are to be at the discretion of the employee with the approval of the supervisor, requiring one week's advance notice, which may be waived by the supervisor. All requests to use a floating holiday must be made no later than the last working day of November. Floating holiday(s)not used by the end of the calendar year will be forfeited,unless denied on the basis of the staffing needs of the Office or Department. Except by mutual agreement, floating holidays shall be used in whole day increments. 11.2 RELIGIOUS,HOLIDAYS Employees may also take other religious holidays off with their supervisor's approval, with or without pay, through utilization of vacation or comp time or by making alternative work schedule arrangements. Such requests shall not be unreasonably denied 11.3 HOLIDAY OBSERVANCE Holidays shall be observed per County policy; typically when a recognized Holiday falls on a Saturday,the preceding Friday shall be considered the holiday. When a recognized Holiday falls on a Sunday,the following Monday shall be considered the holiday. For those employees on a 4/10 work schedule or other alternate schedule, when one of the listed holidays falls on one of the employee's regularly scheduled days off, the holiday shall be observed on a day mutually agreeable to the employee and the Employer within the same workweek. 11.4 HOLIDAY ON DAY OFF Benefitted employees shall receive eight(8)hours' holiday benefit pay and time-off for each holiday listed in Article 11.1 —Holidays. 11.5 HOLIDAY COMPENSATION Benefitted employees shall be paid no more than eight(8) hours of holiday benefit pay for that day regardless of their work individual schedule. Part-time employees will receive a paid holiday in proportion to the number of hours they ordinarily would be scheduled to work (not to exceed eight (8)hours) on that day. Teamsters Local No.252 Appraisers and Mason County 2019—2021 Collective Bargaining Agreement Page 29 If any employee is requested to work on a Holiday, the employee shall receive two (2) times their regular rate of pay,plus holiday benefit pay.No employee shall be called on a holiday for less than four(4)hours, except those personnel serving Standby Duty. ARTICLE 12—VACATION 12.1 VACATION ACCRUAL All regular and temporary full-time employees of the County coming under this Agreement after six (6)months' employment shall be entitled to and receive vacation leave with pay as follows: 1st through Yd year of employment 96 hours 4th through 7th year of employment 120 hours 8th through 9th year of employment 144 hours I 00'through 11th year of employment 160 hours 12th through 14th year of employment 176 hours 15th through 16th year of employment 184 hours 17th through 19th year of employment 192 hours 20 or more years of employment 200 hours Regular and temporary part-time employees shall accrue vacation leave on a pro-rated basis in proportion to the number of hours the part-time employee is in pay status during the month as compared to that required for full-time employment, plus they must also meet the qualification for PERS participation to have vacation leave accrual apply. The first day of the month of hire shall be the effective date of subsequent increases in the vacation leave accrual rate for employees hired between the first and the fifteenth of the month. The first day of the month following the month of hire shall be the effective date of subsequent increases in the vacation leave accrual for employees hired between the sixteenth and the last day of the month. Regular and temporary full-time employees shall accumulate one-twelfth (1/12th) of their yearly accumulation total per month. The maximum amount of vacation leave that may be accrued at any point in time is four hundred(400)hours. No additional vacation leave will be accrued or added to an employee's vacation leave benefit when the maximum accrual has been attained. Vacation that would be denied do to workload issues that results in an employee's accrual exceed four hundred hours, shall have those hours converted to comp time which shall be used within 90 days or shall be forfeited. This Vacation provision shall be in effect until December 31,2017. After such date,no longer available. This is to provide ample opportunity for employee's to manage their workload and vacation schedule to reduce their vacation hours. Regular and temporary full-time employees must work or be in a paid status at least eighty(80)hours in a month in order to accrue vacation leave for the month. Regular part-time employees must work or be in a paid status at least in the same proportion to the eighty(80)hours as their regular hours are to full-time employment to accrue vacation leave for that month. Teamsters Local No.252 Appraisers and Mason County 2019—2021 Collective Bargaining Agreement Page 30 With the exception of promoted employees, vacation leave accrued within the first six (6)months of employment cannot be utilized by an employee until he/she has successfully completed the initial appointment probationary requirements Whereas the County recognizes the importance of employees utilizing earned vacation leave to promote and enhance their mental and physical well-being,employees should attempt to use vacation leave during the year in which it is earned 12.2 VACATION SCHEDULING Upon completion of six (6) months' continuous service in a Regular and Temporary position, an employee shall be eligible for paid vacation. An employee's request for vacation leave will be granted, provided that prior approval is given by the employer and provided that leave requested does not prevent a Department or division thereof from providing efficient public service. Vacation leave approval will be granted on the basis of the employee meeting workload requirements. All requests to use vacation leave shall be submitted in writing. When an employee desires to use five (5) or more consecutive vacation leave days he/she must submit a leave request at least fifteen (15) calendar days in advance of the time off requested. Failure to request leave at least fifteen(15)calendar days in advance may be cause for the denial of the requested leave. The Employer will respond to leave requests within ten(10)calendar days of receipt; except that leave requests submitted more than sixty (60) calendar days in advance of the time off requested shall be considered on a case-by-case basis. Regular and temporary full-time employees must work or be in a paid status at least eighty(80)hours in a month in order to accrue vacation leave for the month. Regular and Temporary part-time employees must work or be in a paid status at least in the same proportion to the eighty(80)hours as their regular hours are to full-time employment to accrue vacation leave for that month. Employees shall have the option of using comp time or vacation leave for approved paid time off. 12.3 VACATION PAY Vacation leave days shall be the same as the regular workday schedule for the Department wherein the employee is employed.Vacation pay shall be the amount that the employee would have earned if the employee had worked their regular position during the vacation period. When a holiday occurs during an employee's approved vacation leave,the day on which the holiday occurs will be charged as holiday leave rather than vacation leave. Employees cannot receive vacation, sick leave or holiday pay simultaneously for the same days. 12.4 VACATION UPON TERMINATION When a regular full-time or regular part-time employee's employment terminates,the employee shall be paid in full for all accrued vacation leave. The vacation leave cash out shall be paid at the employee's rate of pay at the time of separation, provided that no employee may cash out more than four hundred (400) hours of accrued vacation leave. The cash-out of accrued leave or other accrued time off shall be paid and reported in accordance with the provisions of law regulated by the Washington State Department of Retirement Systems. Teamsters Local No.252 Appraisers and Mason County 2019—2021 Collective Bargaining Agreement Page 31 An employee whose employment with Mason County terminates within the six(6)month probationary period shall not be paid for any vacation leave accrued during the probationary period. Employees shall provide at least ten (10) working days written notice of their effective resignation date. The time limit of the resignation may be waived at the discretion of the Director. Pay in lieu of unused vacation shall be forfeited if ten (10) working days written notice is not provided or waived. ARTICLE 13 -SICK LEAVE 13.1 SICK LEAVE ACCRUAL Per the Washington State Paid Sick Leave law, RCW 49.46, in accordance with WAC 296-130 and Initiative 1433, the County and the Union mutually agree to comply the with the laws. Sick leave shall be accumulated for all Regular and Temporary full-time employees,who have worked or been in a paid status at least eighty (80) hours at the rate of eight (8) hours per month for each month of employment.Regular and Temporary part-time employees shall accrue sick leave on a pro-rated basis in proportion to the number of hours the part-time employee is in a paid status during the month as compared to that required for full-time employment. Sick leave accrual may not exceed one thousand two hundred(1,200)hours. 13.2 SICK LEAVE USAGE Usages of sick leave shall be consistent in accordance with the Washington State Paid Sick Leave law, RCW 49.46, WAC 296-130 and Initiative 1433,the County and the Council mutually agree to comply with the laws. 13.3 SHARED LEAVE Employees are eligible to participate in the County's Shared Sick Leave Policy. 13.4 COORDINATION-WORKER'S COMPENSATION In the event an employee shall be entitled to benefits or payments under any program of disability insurance furnished by the Employer,Worker's Compensation Act or similar legislation by the State of Washington or other governmental unit, the Employer shall pay to the employee only the difference between the benefits and payments received under such insurance or act by such employee and the regular rate of compensation that he/she would have received from the Employer if able to work. In such event, the number of hours deducted from the employee's total accrued sick leave shall be the hourly equivalent of the Employer's payment. The foregoing payment or contribution by the employer shall be limited to the period of time that such employee has accumulated sick leave credits as herein above specified. A. For a period of absence from work due to injury or occupational disease resulting from County employment, the employee shall file an application for Worker's Compensation in accordance with State Law. B. If the employee has accumulated Sick Leave credit, the County shall pay the Sick Leave difference between his/her time loss compensation and his/her full regular salary unless the employee elects not to use his/her Sick Leave. Teamsters Local No.252 Appraisers and Mason County 2019—2021 Collective Bargaining Agreement Page 32 C. Should an employee receive Worker's Compensation for time loss and he/she also receives sick leave compensation, his/her sick leave accrual prior to the time loss will be reduced by the total number of hours he/she was on sick leave minus the number of hours at full salary for which he/she is paid to the nearest hour. D. Until eligibility for Worker's Compensation is determined by the Department of Labor and Industries,the County may pay full sick leave accumulated,provided that the employee shall return any subsequent overpayment to the County. E. Should an employee apply for time loss compensation and the claim is then or later denied, sick leave and annual leave may be used for the absence in accordance with other provisions of this rule. F. Nothing herein pertains to a permanent disability award. G. If any employee has no sick leave accumulated,the words vacation leave or comp time may be substituted for "sick leave" above. 13.5 FAMILY MEMBER Authorized uses of sick leave may be utilized as referenced above in this article for immediate family, as defined in Article 1.6 13.6 SICK LEAVE CASH OUT Employees hired before January 1,2011,shall receive payment for unused sick leave upon termination of employment with fifteen (15) years of continuous County service; or upon termination of employment with Mason County when the termination is contemporaneous with retirement under an appropriate Washington State Public Employees Retirement System; or upon the death of the employee,in which case payment shall be made to his/her estate. Employees hired on or after January 1,2011, shall not be eligible (nor their estate)to receive any cash out of their accrued sick leave upon separation from County service. ARTICLE 14—LEAVES OF ABSENCE 14.1 IN GENERAL Leaves of absence requests shall not be unreasonably denied. All leaves are to be requested in writing as far in advance as possible. As appropriate for the type of leave requested, paid leave accruals will be utilized prior to unpaid leave, unless otherwise provided for in this Agreement. Leave does not accrue nor may it be used until the first day of the following pay period in which it is earned(no "negative"leave use during the period in which it is earned). 14.2 .TURP DUTY/COURT An employee,who is required to serve on a jury or as a result of official Employer duties is required to appear before a court, legislative committee or quasi-judicial body as a witness in response to a subpoena or other directive, shall be allowed authorized leave with pay less any amount received for such duty. Teamsters Local No.252 Appraisers and Mason County 2019—2021 Collective Bargaining Agreement Page 33 14.3 MILITARY LEAVE All Regular and Temporary employees shall be allowed military leave as required by RCW 38.40.060 and as interpreted by the Court. This provides for twenty-one (21) working days of military leave per year(October 1 through September 30). Employees enlisting or entering the military service of the United States,pursuant to the provisions of the Uniformed Services Employment and Reemployment Rights Act of 1994(USERRA) shall be granted all rights and privileges provided by the ACT. 14.4 BEREAVEMENT Up to three (3) days' funeral leave may be taken in case of death in the immediate family requiring the attendance of the employee (funerals are included). Two (2) additional days sick leave may be taken at the employee's request. Immediate family includes only persons related by blood or marriage or legal adoption and is limited to the following relations: wife, husband, parent, grandparent, brother, sister, child, grandchild, aunt, uncle, cousin, niece, nephew, grandmother-in- law, grandfather-in-law, mother-in-law, father-in-law, sister-in-law,brother-in-law, son-in-law, and daughter-in-law of the employee. 14.5 MAINTENANCE OF SENIORITY The Employer shall adjust the employee's anniversary date to reflect any period of unpaid leave. Seniority shall continue to accrue and the employee's anniversary date shall not be adjusted for periods of legally protected leave, such as FMLA or military leave. 14.6 LEAVE WITHOUT PAY As appropriate for the type of leave requested, paid leave accruals will be utilized prior to unpaid leave. An employee on leave of absence may be affected by a lay-off in the same manner as if the employee were working. Leave of absence without pay is not creditable towards seniority and seniority related benefits, except as identified above in Article 14.5 for identified legally protected leave such as FMLA and Military. An employee who takes a leave of absence without pay shall have his/her date of hire for seniority purposes adjusted for the same duration of time as the period of leave without pay. Step increases are based on duration of employment and will be adjusted accordingly. General salary increases are not based upon duration of employment and will not be adjusted in this manner. The employee's seniority for purposes of vacation accrual, promotion and layoff would be adjusted in the same amount as the duration of the leave without pay. In the unlikely event an employee was granted a leave without pay during his/her probationary period, the probationary period would be extended for the same duration as the leave without pay. 14.7 FAMILY LEAVE—FMLA The County and the Union mutually agree to comply with all State and Federal Family Leave Laws (FMLA, RCW 49.78). The Employer will grant leave consistent with the FMLA and the adopted conditions and provisions of the state and federal law and are not intended to expand upon the rights thus set forth. If an employee has any questions regarding the State and Federal Family leave laws, they may contact the County's Human Resource Department for guidance Teamsters Local No.252 Appraisers and Mason County 2019—2021 Collective Bargaining Agreement Page 34 14.8 MATERNITY LEAVE Consistent with WAC 162-30-020, the Employer will grant a leave of absence for a period of temporary disability because of pregnancy or childbirth. This may be in addition to the leave entitlements of FMLA. This leave provides female employees with the right to a leave of absence equivalent to the disability phase of pregnancy and childbirth. There is no eligibility requirement, however the Employer has no obligation to pay for health insurance benefits while on this leave(unless utilized concurrent with FMLA). Leave for temporary disability due to pregnancy or childbirth will be medically verifiable. There is no limit to the length of the disability phase,except for the right for medical verification and the right of second opinion at the employer's expense. At the end of the disability leave, the employee is entitled to return to the same job or a similar job of at least the same pay as provided by law. Employees must use their accrued vacation and sick leave, if any, during the leave period and, at their election,any accrued comp time,consistent with the retention provision as provided in Article 14.7. Once this paid leave is exhausted,the employee's leave may be switched over to unpaid leave. 14.9 INCLEMENT WEATHER Employee rights and responsibilities during severe weather and emergency or disaster conditions are covered by the current Inclement Weather Policy of the Employer. The goal shall be to continue to provide essential Employer services, consistent with public and employee safety and emergency operations priorities. 14.10 WASHINGTON STATE PAID LEAVE COMPLIANCE The County and Union mutually agree to comply with all Washington State Paid Family&Medical Leave laws,per RCW 50A.04, and future amendments with the law. ARTICLE 15—HEALTH&WELFARE 15.1 HEALTH AND LIFE INSURANCE The County shall contribute as identified below per employee, per month, towards the premiums for Health and Welfare benefits for each employee,including their eligible dependents, compensated eighty (80) man-hours (excludes, vacation, sick and comp time payouts, upon separation) or more per month. This contribution is to be'applied to premiums for Washington Teamsters Welfare Trust Medical Plan B(with the$100 per week time loss option) and current County dental,vision, and life insurance plans or other carriers as designated by written notice by the bargaining unit. The County contribution for Health&Welfare Insurance shall be: A. Effective January 1,2019 the contribution shall be increased to one thousand and two hundred and fifty eight dollars($1,258)per month during the term of this Agreement for each eligible employee for medical,dental,vision,and life insurance coverage.For Teamsters nine (9)Month Waiver,the employer shall pay$11.40 per month. B. Effective January 1, 2020 the contribution shall be increased to one thousand and three hundred and ten dollars($1,310)per month during the term of this Agreement for each eligible employee for medical,dental,vision,and life insurance coverage.For Teamsters nine Teamsters Local No.252 Appraisers and Mason County 2019—2021 Collective Bargaining Agreement Page 35 (9)Month Waiver,the employer shall pay$11.40 per month. C. Effective January 1, 2021 the contribution shall be increased to one thousand and three hundred and sixty two dollars($1,362)per month during the term of this Agreement for each eligible employee for medical, dental, vision, and life insurance coverage. For Teamsters nine (9) Month Waiver,the employer shall pay$11.40 per month. In the event the County's maximum monthly contribution is insufficient to provide all of the total Health and Welfare premiums as referenced in Section 1 above, the priority order for full County payment shall be as follows: (1) Life Insurance; (2) Vision; (3) Dental; and (4) Medical. Any monthly premium contribution required above the County's maximum contribution shall be paid by a reduction of the necessary amount from the employee's salary. In the event the Employer is subject to carrier plan design change or a penalty,tax,fine or increased costs as a result of requirements or provisions of the ACA, not within the control of the Employer, the parties agree to meet and negotiate regarding the impacts of any such cost or plan design impacts and immediately bargain alternative provisions. Employee Assistance Program(EAP): The County shall provide an Employee Assistance Program (EAP)benefit for all bargaining unit employees. 15.2 RETIREMENT AND TEAMSTERS PENSION Pensions for employees and contributions to pension funds will be governed by the Washington State statutes in relation thereto in existence during the contract period. The County shall continue to pay an amount equal to sixty-five cents ($.65) per hour for each hour for which compensation is paid to him/her into the Western Conference of Teamsters Pension Trust Fund on account of each member of the bargaining unit,said amounts to be computed monthly. The total amount due for each calendar month shall be remitted in a lump sum not later than ten(10)days after the last business day of such month. The COUNTY agrees to abide by such rules as may be established by the Trustees of said Trust Fund to facilitate the determination of the hours for which contributions are due,the prompt and orderly collection of such amounts,the accurate reporting and recording of such hours and such amounts paid on account of each member of the Teamster bargaining unit. Failure to make all payments herein provided for, within the time specified, shall be a breach of this Agreement. Further, the Employer and Union accept as their representatives for the purpose of such Trust Funds,the present Employer and Union Trustees and their duly elected or appointed successors. ARTICLE 16-TRAINING 16.1 TRAINING Approval for attendance at training,the hours intended to be compensated and the reimbursement for travel and expenses shall be established by the supervisor prior to the training, consistent with the current policy. Teamsters Local No.252 Appraisers and Mason County 2019—2021 Collective Bargaining Agreement Page 36 16.2 TRAINING REIMBURSEMENT Compensation associated with training or representation of the Employer on official business shall be consistent with the current policy and the Fair Labor Standards Act(FLSA) and WAC 296-128- 500. ARTICLE 17—LABOR/MANAGEMENT COMMITTEES 17.1 PURPOSE OF COMMITTEE The Employer and the Union agree that a need exists for continuing cooperation between labor and management, and to meet from time to time upon the request of either parry concerning suggestions and issues of a general nature affecting the Union and the Employer relations. The parties therefore establish a Labor/Management Committee consisting of up to six (6) members from the Bargaining Unit and the Union staff representative, and up to seven (7) members from the Employer, including a representative from Human Resources. The committee will meet from time to time during working hours to discuss matters of mutual interest or concern. The committee shall not have the authority to change this Agreement,nor shall it substitute for the grievance procedure. The above provision does not preclude and in fact encourages the parties to also meet informally and expeditiously on an as needed basis on matters of mutual concern. Policy Work Groups - The Union will be given an opportunity to designate participants to Policy Work Groups related to employment policies. Policy Work Groups will be chaired by Human Resources. Policy Work Group participants will not negotiate on behalf of the Union regarding employment policies that would impact wages,hours and working conditions. 17.2 COMPOSITION OF COMMITTEE The Labor Management Committee meetings will include a minimum of three(3)representatives of the employer and a miniihum of three (3) representatives appointed by the Union,unless otherwise mutually agreed upon. Said committee shall attempt to meet for the purpose of discussing and facilitating the resolution of issues which may arise between the parties other than those for which another procedure is provided by law or other prdvisions of this Agreement. 17.3 COMPENSATION All meeting time spent by members of the joint Labor-Management Committee will be considered time worked if during duty hours and will be paid at the appropriate regular rate of pay. ARTICLE 18—HEALTH& SAFETY 18.1 SAFE WORKPLACE The Employer is responsible for maintaining a safe and healthful workplace. The Employer shall comply with all federal, state, and local laws applicable to the safety and health of its employees. Employees shall not be required to perform work if they have a reasonable basis for believing the assignment would constitute a danger to their health and safety. The employee shall immediately contact a supervisor who shall make a determination with regard to safety. Upon the supervisor's review and liability, the employee will perform the work but may refer the matter to the safety committee or risk management. Teamsters Local No.252 Appraisers and Mason County 2019—2021 Collective Bargaining Agreement Page 37 All on-the job injuries,no matter how slight,must be reported. Employees must immediately notify their supervisor if they are unable to work because of a work-related injury or illness. 18.2 HEALTH&SAFETY PLAN The Employer shall develop and follow written policies and procedures to deal with on-the-job safety and shall conduct an ongoing site specific safety and security plans in conformance with state and federal laws. Safety Equipment;Protective Gear;Appropriate Supplies: The County may-utilize a`quartermaster system' to supply employees with appropriate safety equipment, protective gear, and other appropriate supplies on an as-needed basis. When such time as any or all of such equipment wears out,the County shall replace such items, free of charge to the employee, so long as it can be shown that the items were no longer functional due to standard`wear and tear' and not due to the negligence or intentional misconduct by the employee to damage such equipment items. One example is that the County shall continue to provide appropriate rain gear to each employee on an as-need basis. 18.3 DRUG FREE WORKPLACE The Drug Free Workplace Act of 1988 for federal contractors and grant recipients requires that employers will provide a drug free workplace. This policy strictly prohibits the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in the workplace. Fitness For Duty — If a supervisor or manager reasonably suspects, through observation, that an employee may physically incapable of performing the essential functions of the job and/or may be be under any influence of, or impaired by, a substance, the employee shall be removed from duty immediately and undergo substance testing for the suspected substance. Except in emergency situations,the supervisor or manager shall consult with another supervisor,manager or representative of Human Resources to ensure that adequate grounds for reasonable suspicion exist. The consulted supervisor, manager or representative of Human Resources shall also personally observe the employee before the employee is required to test for the presence of that substance. At this time the employee will also be notified of his or her Weingarten rights. Employees removed from duty under such circumstances who test positive shall be required to meet with the Employer's Substance Abuse Professional (SAP) and shall only be allowed to return to work, if at all, in accordance with the return to work provisions of the Employer's substance abuse policy. 18.4 WORK PLACE VIOLENCE The Employer is committed to employee health and safety. Workplace violence, including threats of violence by or against a County employee, will not be tolerated and should be immediately reported whether or not physical injury occurs. ARTICLE 19- GRIEVANCE PROCEDURE 191.1 GRIEVANCE DEFINED The purpose of the grievance procedure is to promote harmony and efficiency between employees and the County by providing timely settlement of grievances without fear of discrimination or reprisal. Teamsters Local No.252 Appraisers and Mason County 2019—2021 Collective Bargaining Agreement Page 38 A grievance is an allegation by an employee, group of employees or the Union that there has been a violation,misapplication or misinterpretation of this Agreement. Employees will be unimpeded and free from restraint,interference,coercion,discrimination or reprisal in seeking adjudication of their grievance. Any grievance procedure time limit may be extended by mutual written agreement. Failure by an employee and/or the Union to comply with any grievance time limitations shall constitute withdrawal of the grievance. Failure of the County to comply with any grievance time limitations shall permit the Union or the employee to advance the grievance to the next step in the grievance procedure. A grievance of interest to several employees may be filed as a "group grievance." The processing and adjudication of grievances shall be conducted during-working hours. 19.2 GRIEVANCE PROCEDURE In the event of a grievance,the following procedure shall be used: Step 1. A grievance must be presented within ten(10)calendar days of the incident giving rise to the grievance or the date the grievant knew or reasonably could have known of the incident to the employee's immediate supervisor or manager if the grievance is not related to a salary issue. The supervisor or manager may schedule a meeting with the employee and his/her Union representative or he/she may respond to the grievance when presented. In either case, the supervisor shall respond to the grievance within seven(7)calendar days of the employee raising the issue. If the grievance is not resolved informally,then a written grievance may be filed at step 2. However, if the incident is related to a salary issue, the employee and/or the Union Steward shall submit a written grievance at Step 2 to the Mason County Assessor within ten (10) calendar days of the incident giving rise to the grievance. Step 2. The grievance shall be presented in writing on an official Union grievance form. This shall include: 1. The specific details of the incident or issue giving rise to the grievance; 2. The Article(s)and Section(s)of the Agreement allegedly violated; and 3. The remedy sought. The written grievance shall be submitted by the employee and/or the Union Steward/Union Representative to the Mason County Assessor within ten(10)calendar days of the date of the discussion in Step 1 above. A copy of the grievance will be filed concurrently with the Human Resources Department. Within ten (10) calendar days after the receipt of the official written grievance, the Mason County Assessor (or designee) shall schedule a meeting with the employee and Shop Steward and/or Union Representative to hear and seek to resolve the grievance. The Mason County Assessor shall provide a written response to the Employee and the Union Steward/Umon Representative within fourteen(14)calendar days of the meeting. A copy of the grievance response shall be provided to the Human Resources Department. If the grievance is not resolved at Step 2,the grievance may be advanced to Step 3. Teamsters Local No.252 Appraisers and Mason County 2019—2021 Collective Bargaining Agreement Page 39 Std. The written grievance shall be submitted to the Human Resources Director within ten (10) calendar days of the date of the written response at Step 2. Within ten(10) calendar days of receipt of the grievance,the Human Resources Director or designee shall schedule a meeting with the Employee,Union Steward/Union Representative, and the Mason County Assessor(or designee) to hear and seek to resolve the grievance. The Human Resources Director shall provide a written answer to the Employee, Union Steward/Union Representative, and Mason County Assessor within fourteen (14) calendar days of the meeting. If the grievance is not resolved at Step 3,the grievance may be advanced to Step 4. Step 4. The Union may choose to submit the grievance to arbitration and in such case will deliver written notification of its intent to arbitrate to the Employer within fourteen (14) calendar days. The Union's request for arbitration shall be in writing and may be filed with the Public Employment Relations Commission (FERC), Federal Mediation and Conciliation Service (FMCS), or a mutually agreed upon arbitrator or arbitration service within thirty (30) calendar days of the Union's notice to the Employer of its intent to arbitrate. In addition,the Union shall request the arbitration service supply a list of seven (7) qualified arbitrators. If a list of seven arbitrators is requested,both parties will attempt to agree upon an arbitrator from this list. If they cannot agree within fourteen(14) calendar days from the receipt of the list, a flip of the coin will determine which party strikes the first name from the list. This striking of names will alternate between the parties until one name remains. This person shall be the arbitrator. The referral to arbitration shall contain the following: 1. Question or questions at issue; 2. Statement of facts and position of each respective party; and 3. Copy of the grievance and related correspondence. GRIEVANCE ARBITRATION: A hearing shall be scheduled at a date,time and location mutually convenient for all parties. In connection with any arbitration proceeding held pursuant to this Article, it is understood as follows: A. The arbitrator shall have no power to render a decision that will add to, subtract from or alter, change, or modify the terms of this Agreement, and his/her power shall be limited to interpretation or application of the terms of this Agreement, and all other matters shall be excluded from arbitration. B. The decision of the arbitrator shall be final, conclusive and binding upon the Employer, the Union and the employees involved, provided the decision does not involve action by the Employer which is beyond its jurisdiction. C. Each party may call such witnesses as may be necessary in the order in which their testimony is to be heard. Such testimony shall be sworn and shall be limited to the matters set forth in the written statement of the grievance, and shall be subject to cross examination. The arguments of the parties may be supported by oral comment and rebuttal. Either or both parties may submit post hearing briefs within a time mutually agreed upon. Such arguments of the parties, whether oral or written, shall be confined to and directed at the matters set forth in the written statement of the grievance. Teamsters Local No.252 Appraisers and Mason County 2019—2021 Collective Bargaining Agreement Page 40 D. Either parry may request that a stenographic record of the hearing be made. The party requesting such record shall bear the cost thereof;provided,however,if the other parry requests a copy, such cost shall be shared equally. E. The cost of the arbitrator shall be borne equally by the Employer and the Union,and each parry shall bear the cost of presenting its own case. 19.3 UNION/EMPLOYER GRIEVANCE Either the Union or the Employer may initiate a grievance at Step 2 if the grievance is submitted in writing within ten (10) business days from the date the Employer / employees became aware or reasonably should have known that the grievance existed. The Employer may not grieve the acts of individual employees, but rather, only orchestrated acts or actions of authorized representatives believed to be in conflict with this Agreement. An Employer grievance will not be subject to Arbitration and may only go to mediation upon mutual agreement. The Union may initiate a Grievance at Step 2 anytime that it involves a group of employees involving different supervisors or from different Departments. Such grievances may be referred to mediation services by mutual agreement prior to Arbitration. 19.4 SCHEDULE OF MEETINGS Upon request, and without unnecessary delay, a steward's immediate supervisor or designee shall allow the steward during normal work hours without loss of pay, reasonable time to: 19.4.1 Investigate any grievance or dispute so that same can be properly presented in accordance with the grievance procedure. 19.4.2 Attend meetings with the Director or other Employer representatives when such meetings are necessary to adjust grievances or disputes. Meetings with designated personnel will be by appointment and held without delay when possible. 19.4.3 Confer with a staff representative of the Union and/or employees on Employer premises,at such time and places as may be authorized by the Director or designee in advance of the intended meetings. For the purposes of this Article and Article 4.3,obtaining coverage to insure minimum staffing levels shall not be considered an unnecessary delay. The Employer shall not be obligated to provide coverage immediately if the use of overtime is the only means of providing that coverage. ARTICLE 20 -NO STRIKE/NO LOCKOUT 20.1 No STRIKE/No LOCKOUT The Union agrees that there shall be no strikes,slow-downs,or stoppage of work,or any interference with the efficient operation of the Department. Any such action shall be subject to disciplinary action, including termination and replacement of the involved employees. The Employer shall not lockout any employee during the life of this Agreement. Teamsters Local No.252 Appraisers and Mason County 2019—2021 Collective Bargaining Agreement Page 41 ARTICLE 21 —MANAGEMENT RIGHTS AND RESPONSIBILITIES 21.1 MANAGEMENT RIGHTS AND RESPONSIBILITIES Except as specifically abridged, granted, delegated or modified by this Agreement, including amendments, the County reserves all customary management prerogatives including, but not limited to the right to: A. Establish,plan for and direct the work force toward the organizational goals of County government. B. Determine the organization and merits, necessity, and level of activity or service provided to the public. C. Determine the County budget and financial policies,including accounting procedures. D. Determine the procedures and standards for hiring, promotion, assignment, transfer, layoff,discipline, and retention. E. Discipline employees for just cause. F. Determine the methods, means, equipment, and kinds and number of personnel required to accomplish the governmental operations and maintain the efficiency thereof. G. Assign work and schedule employees. H. Establish work rules and rules of conduct. I. Evaluate employee performance. J. Reduce staff or reduce working hours due to a lack of work or lack of funds. K. Take all actions necessary to carry out the mission of the County in emergencies. The Parties recognizes that RCW 41.56 may impose an obligation to negotiate changes in wages, hours and working conditions not covered by this Agreement. The Union recognizes the County's right to manage subject only to the terms and conditions of this Agreement. ARTICLE 22 - GENERAL PROVISIONS 22.1 SAVINGS CLAUSE It is understood that the parties hereto are governed by the provisions of applicable Federal and State Law, which provisions shall prevail over this Agreement. Where there may be conflict between County ordinances or resolutions and this Agreement, the Articles of the Agreement shall prevail. Teamsters Local No.252 Appraisers and Mason County 1019—2021 Collective Bargaining Agreement Page 42 Should any part thereof or any provisions herein be rendered or declared invalid by reason of any existing or any subsequently enacted legislation, or by a decree of a court of competent jurisdiction, the invalidation of such part or portion of this Agreement shall not invalidate the remaining portions hereof and they shall remain in full force and effect. In such event, the parties shall meet within thirty (30) days for renegotiation of such invalid provisions for the purpose of adequate and lawful replacement thereof and to preserve the intent of the entire Agreement as negotiated by the parties. ARTICLE 23—ENTIRE AGREEMENT 23.1 DURATION CLAUSE This Agreement shall be in full force and effective upon ratification by the parties and shall remain in effect through December 31,2021. Either party may request negotiations of a successor agreement at least sixty (60) days before the annual expiration date. This Agreement may be modified during its term by mutual agreement of both parties concerned, such mutual agreement to be in writing and to be incorporated as part of this Agreement. 23.2 ENTIRE AGREEMENT The Agreement expressed herein in writing constitutes the entire Agreement between the parties and no oral statement shall add to or supersede any of its provisions. The Employer agrees not to enter into any Agreement or contract with any covered employee(s), either individually or collectively, which is inconsistent with the terms of this Agreement. Teamsters Local No.252 Appraisers and Mason County 2019—2021 Collective Bargaining Agreement Page 43 SIGNATURES IN WITNESS WHEREOF, the Parties hereto have executed this Agreement this day of , 2019. TEAMSTERS LOCAL NO. 252 BOARD OF COUNTY COMMISSIONERS Darren L. O'Neil; Secretary-Treasurer Randy Neatherlin; Commissioner District#1 Kevin Shutty; Commissioner District#2 Sharon Trask; Commissioner District#3 MASON COUNTYASSESSOR Patti McLean Teamsters Local No.252 Appraisers and Mason County 2019—2021 Collective Bargaining Agreement Page 44 APPENDIX I SALARY SCHEDULE: Note: Unless otherwise specified above, step increases shall be granted annually. Effective Janua 1, 2019 Classification Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Appraiser Trainee $3,511.27 $3,599.05 $3,689.02 $3,781.25 $3,875.78 $3,972.67 Appraiser $4,071.99 $4,173.79 $4,278.14 $4,385.09 $4,494.72 $4,607.08 Appraiser SR $4,722.26 $4,840.32 $4,961.33 $5,085.36 $5,212.49 $5,342.81 Statistical Analyst $4958.37 $5,082.33 $5,209.39 $5,339.63 $5,573.12 $5,609.95 GIS Technician $3,951.27 $4,153.06 $4,256.88 $4,363.30 $4,472.39 $4,584.20 Effective January 1, 2020 Classification Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Appraiser Trainee $3,572.71 $3,662.03 $3,753.58 $3,847.42 $3,943.61 $4,042.20 Appraiser $4,143.25 $4,246.83 $4,353.00 $4,461.83 $4,573.37 $4,687.71 Appraiser SR $4,804.90 $4,925.02 $5,048.15 $5,174.35 $5,303.71 $5,436.30 Statistical Analyst $5,045.15 $5,171.28 $5,300.56 $5,433.07 $5,568.90 $5,708.12 GIS Technician $4,020.42 $4,225.73 $4,331.38 $4,439.66 $4,550.65 $4,664.42 Effective January1, 2021 Classification Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Appraiser Trainee $3,644.17 $3,735.27 $3,828.65 $3,924.37 $4,022.48 $4,123.04 Appraiser $4,226.12 $4,331.77 $4,440.06 $4,551.07 $4,664.84 $4,781.46 Appraiser SR $4,901.00 $5,023.52 $5,149.11 $5,277.84 $5,409.79 $5,545.03 Statistical Analyst $5,146.05 $5,274.70 $5,406.57 $5,541.73 $5,680.28 $5,822.28 GIS Technician $4,100.83 $4,310.25 $4,418.00 $4,528.45 $4,641.67 $4,757.71 Teamsters Local No.252 Appraisers and Mason County 2019—2021 Collective Bargaining Agreement Page 45 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Frank Pinter Action Agenda X Public Hearing Other DEPARTMENT: Support Services EXT: 530 DATE: 4/16/19 Agenda Item # (Commissioner staff td cohiplete) BRIEFING DATE: 4/15/19 BRIEFING PRESENTED BY: Frank Pinter [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency Item: Approval to enter into contract negotiations with KMB to determine a scope of work, schedule, deliverables and price for Architectural and Engineering Services for various Mason County buildings, specifically for Building #10, 414 Franklin Street, Shelton WA. Background: On January 22, 2019 the BOCC approved the call for RFQ from qualified individuals and/or firms for architectural and engineering professional services as outlined above. After a selection process KMB was determined to be the firm the county would like to negotiate a price for services. Cost Impact to the County: TBD Approval to: Have the Chair sign the Agreement Attachment(s): MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Frank Pinter Action Agenda X Public Hearing Other DEPARTMENT: Support Services EXT: 530 DATE: 4/16/19 Agenda Item # F,u (Commissioner staff to complete) BRIEFING DATE: 4/15/19 BRIEFING PRESENTED BY: Frank Pinter [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency Item: Approval to enter into contract negotiations with KMB to determine a scope of work, schedule, deliverables and price for Architectural and Engineering Services consulting services to develop a study document to guide the development of a Regional Facility as well as an analysis of existing conditions at each facility and options for upgrades. Background: On November 13, 2018 the BOCC approved the call for RFQ from qualified individuals and/or firms for architectural and engineering professional services as outlined above. After a selection process KMB was determined to be the firm the county would like to negotiate a price for services. Cost Impact to the County: TBD Approval to: Have the Chair sign the Agreement Attachment(s): MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Loretta Swanson/Frank Pinter Action Agenda Public Hearing _X_ Other DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: April 16, 2019 Agenda Item # 10.1 Commissioner staff to complete) BRIEFING DATE: March 19, 2019 BRIEFING PRESENTED BY: Loretta Swanson [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Public Hearing to consider the following parcels as surplus: 42002- 13-90030, 42002-13-90060, 42002-13-90040, 42002-13-90070, 42002- 13-90050 and 42002-13-90080. BACKGROUND: A hearing was held on June 5, 2018 to surplus parcel 42002- 10- 00020. A Short Subdivision has since then been completed, separating the original parcel into six (6) separate lots. The Board has requested that Public Works bring forward a resolution amending Resolution 37-18 to show the new parcel numbers to provide a history and reduce any confusion on the surplus sale and future inquiries. RECOMMENDED ACTION: Approval to declare the following parcels as surplus: 42002-13-90030, 42002-13-90060, 42002-13-90040, 42002-13-900701 42002-13-90050 and 42002-13-90080. ATTACHMENT(S): Resolution No. 37-18 Short Subdivision Resolution IAProperty Mng\Agenda&Briefing Summary\2019\PW surplus hearing.doc DSCI2IPTION _ REFEREATREFERENCESURVPYS WARNING: r,LtESTWATSAHItJ7Y AND ET6'FXSES FCYY tRRIOHTM4 LI� REMiM/G PARCELS 1 ANO 2 OF AOUkUWY UNE $CC OO~Y LADE A"SAVENT Na 18-17 9mffaWU M nP'wl nWANCt'Or CAS0AV#T4 kJ"J{''• A0.USIMENT NQ td-T3 AS RECORDED LOWER ALOTIM F&E NO. 7019237 4 AND PRIVATE ROADS LEAAMG TO OR SERNNG AWTDRS FAE FML 20952J7 RECORDS OF MASON N' LOTS WT Mf 7)15 91CRr StYAAwvm(umATSS COUNTY, *L $EF 0OLO"Y LME AQALSTNENT NQ SUCH AWADS NAL(SEEN ACCEPTED TNTW TM:' 01--OM AUOIRVT EILC N0,1745911 ' COUN'Y'S ROAD SYSTEM)SNAIL REST WIN THE RKIEOHER WTN AND SURXCr TO L&SF..NEX7,SI LOT 01"R T8: ' RESTRICTIONS AND RESERYAPOVS OF AMIX00, SMSURLE1'BY HARRY RXTETL.BOOK 27, 2.ANY FTARRRN WL13KW Or LOTS W.RRS PAGE 101. �., SNORT SUMWS/ON SHALL BE S&ECT TO 7 LY SEE 9OIK40.Rr fid'AL).l1Sn WT..Yq. ' ` QTY CSE OF O/A!'1ER Ts.36 OF w' Or-0r2 AUDITORS F,E"E.N,,a 7.`.y'-^• �\ 3.ITECLARATIQY�"$iORr SI1mnR9LYQ FV1ANt t 1/2'r1aN 00C `+ SEE COUNTY RGAD PRE4.,� r90� , a AWTOR'S FYE/!Q.?!�3.!J t...... \.; YYY SOUTH`14 6° "P,PE NLWn.t!{LXMIETL ��` `����t DIRECTOR'S APPROVAL Q GREG FPWIW ET AL SECTM 35(MAY 308) SECTIOm 2(wr 2019) 4 NUNt[1t n AL SEE wA3tiaucTWN�tr�Tc•1pLHsst s AEPMTW'I.OT ZT TA 5♦1FET d OF H 3 HN�9dM'E V.2 twx T or F Q"�(AiPLaM OIF SR MASON EO FOR RECONdN3 PURSUANT TD 10]SFET iMX1 CM!2 \`!\ MASON C0/1W 18.78 SAY 9 tot oiftc1aR or muwuwTr sgwfrs cy 4Bn AC l -J , ) 1 CURVE 1ABIE ; DATE APPaoLtv...l2/ t II('Dr1I� '' \` � NO ° '-A-- "..4_ -E G"-' AUDIT'OR'S CERTIFICATE a�PxNATT Mrn57N-. I I f , �"., cl rddDl'.N' 17ROO J14.SD nxt OF tJ C2 1013*S3' 6mw 211.1E ILEO FOR RECdtD 1H5... .qAY Oi R1y PUSLIC WORKS PELF L T ci 8'2971' 2=00 18.ir DC*4W =llr...AT....4'.�`.f:....p.u.Br SPARKMANL '2 P CTROAD - f� C4 tad�1'J4- 2Ptic0 J7Q10 bLy.UNL.T...OF 9LORT PLATS. 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LWT 2 S is FT \ LOT:L'/i. �t.To Ac k , j E �, r\Ar{ "�;i t i 1 NOTE SURVEYOR'S CERTIFICATE S MA 1-11,\\ S R NC ACCESS 10 LOTS 4,6 AND , d AWM 97 101 SEE UTLLT jy�LH•1' 119P1lp MA MAP LO WE OR UNDER REPRESENTS A SURi2'Y N, r ;0¢n.tlde.1, I..- SMYd L CCWOR4ANGE WM ME RLWRtwENiS OF E917a fOR 1NE SLIRS�EY RFDt7PCAN0 ACT AT M xF(k:FST g ` _. 7f KAREsz 13YEE45 , s LEGENDOF VA"OwNrT.. . .... • 1 a DR:VVITTACE '-Q 10T S URil TIES • d8 pipN DAR r1N CLOD AC LOT YELLOW W...NAY .....�Hj718 SETAL y� ®®® 1 r 11 PIAiTiC CAP SET i/{ ' 1 O-FO FOUND N UNLESSRACAP, 0wM( S-L F.HOLMAN P.LNO. 13683 \ [% �• 7/4 i $T �• 0llienuE.NOSED NYE 11(1 $'1179 LicOF ON .h1Ar 20ta) Q r C2AA t LAT J� "t 6.110 AC 2JOMW L, TREE FARM LLC FOUNo AAU tl a LAI tdt{7(MA 2MaU ii 6.10 AC I} 1 EAST 1/4 C~s i n 4 S:C71dt 2(MAY 2018) �, M7 iJLttJA v 0 It PORT OP DIEL KW \� No 164 SS ro LOTS J AND a INE TAWS PROM sR 107 NOTE NO REARM mum r SHORT SUBDIVISION h0.31.1.3. ! toys J R mxm d OF TMS OFIAJL '— — 9MRT PUT SHALL LTE NO SCALE PQXTXW Or TM 3007 PUT AU YIEDfN m LS d 7dY7't4•E 2JJ.6J SHORT PLAT 000VI D By MUhAOPAL 0ONtAN KAX"A MCE{?00PBRR 13 N 7S7e'td'E 253.08 SrNFR AND WATER AS PER t4 S 78'N1Y4-E =8J POR N ALAEEL1Fr1r xECQoaFD u+rE R i17r i lZmLWY17 )OD> lfrl67As Et71iTFS MASON ACU UN7'Y E- I De7fiA1'SlD17 E'ISDP031fi DZViJM 1r1YEBY 7WH f3 N IS7BYA'f: ]SJ24 Q1 Y AFN :I CONFLUNCA NEW MASON COEM"CODA 0/11.171 LA N 7677139-E 25.00 i L7 8 047!{38•W 4{2r EASY t/7 NW 1/1 ANo NEST t/2 1i 1/4 @[ N d.,n3\E 4 NOTE td R OD46YY E 210 w �NYLN�1Nsp0 QG0W20 0 e�BA�X 10-0o-�6 �$ NYTSaS_N 1� C7 1001RSl PVH/C ItQO(SIYRK N^- (36c S.�IErt-N E1R 453 1 SKALLACCESSES TW RLE COAL TI ROAD W OCAFK S N 53TOLIN SED LOCA M W A,.AND I SW42�'LN57A{1ED AT Rd SLAIN LOCA ROPE.ANY PRO+OHLD NEW ACCESS LDGATM REOUIRES OONG 7NR000H THC COUNrY RLLAD ACCESS POUT PRO(XW HUMAN & ASSOCIATES COMPLETELY AGAW. Iv9lavO 1N.LAND R NwIft" .ST 1/{ i PA wx sm SE I P+4t'AI.il4fNlrRlf iMDiN EOIA/NFNr AND PROCOLMES NW 1/4 , NOTE L"'N NtR LDr? cr1, L1ID OUN M SCA+.F: 1-.300 FEETI ANY NEW OR RCNS£D ACCESS ROAOS/DRAEWAYS MUST 60M OR EKLY�D TFT V(yt yAr.2016 16...me /wmtd L61![ G .'� WOLAREI&WTS W ALYYRDARCS WTN MASON COLWTYS 57ANDAND5 FQi"W ry r APPARATUS A.52.:55 RLMDS:MA"C Ary TIRE 14 MAPTER 1417 11CFL 1•�S7F(' i 6 1 - 2103191 MASON CO WA 1210412019 03-44 DIV- IASCH U COW SERVICES DEPT 912OW3 Rao Fee- 1102.00 Pages. 4 i�[!�IfIN�f�I11��I111f�f�lf�fl�ill� �111 �U Mason County Community Services Department Er�aYc FYTtiAT TAIM 615 W.Alder Street an o � EDB { Shelton,WA 98584 4 2 i Please print neatly or type information E'er IER,TRFAS DOCUMENT TITLE(S) 3 COUNTY 4)'cvt a� ` V-ov S Yl 311-3 REFERENCE NTMBER(S)OF RELA CU3A' I'TS (ADDMON.AL REFERENCE#'s ON PAGE GRANTORS)(Last,>imi tial) G�SCy Cp Y1 GRANTEES) t, middle ini6aI) (ADDITIONAL REFERENCE#'S ON PAGE_} LE RIMON(Abbr.form: quarteclq•�rter,section,township&ranee,plat,lot&block) W 1—- �r +�Z t S�C L T Wd) G Tj►— (ADDITIONAL REFERENCE#'S ON PAGE � 1L NUMBER(S) 2 � t77 -1b - 0!.o 0 4 L o (T'L - 10 - U Q a Z C7 (ADDITIONAL REFERENCE#'S OF PAGE�} The Auditor/Recorder will rely on the information provided on this form. The staff will not read the document m verify the accuracy or completeness of the indexing Whrmadoa provided herein 4 i SS NO. '31 L3 1 I DECLARAMN OF SHORT SUB SID KNOW ALL MEN BY THESE PRESENTS: i That we the undersigned having a real interest in land described by this declaration are do hereby declthe herein described division of land a v S Subdivision Number 5S- 3123 on the z`t day of H 24 1 .'by the Planning Department,subject to the following conditions: I. That the tend described by this d aration' y not be further divided in any manner by ve anyone within five(5)years of th of approval without a final plat having been filed for record with the Audi on County,pursuant to the provisions of Chapter 58.17 RCW,and the regulations of the Platting and Subdivision Ordinance and i subject to penalties attendant thereto, 2. That all main tertanee pri road described by this declaration shall be by the owners of the hav` access thereof their hetes,assigns,or successors. 3. That the le des n o the land herein subdivided into not more Uum four(4) parcels is a h to and incorporated by reference as though fully set out herein. I i 4. That itional v ts,restrictions,If any,solely for 6e benefit of the grantor,and his j heirs, censor ,and assigns enforceable only by such persons,are attached hereto either i or as previously recorded under Auditors File Number 2 or incorporated by reference as though fully set out herein. , the undersigned hereby waive all claims for damages against any governmental Deity which may be occasioned to the adjacent land by the established construction, ge,and maintenance of said road or driveway. �6 I(We), ,owner($)of l the real estate described within,freely co t and it is my(our)desire to short subdivide in this county. Identification Number which is not included in said short subdivision. 1 (We)understand that if this statement is found to be false,as to the ownership,the matter will be referred to the Prosecuting Attorney for legal action. 7. The configuration of this short subdivision Is based on the fact that all land abutting this tract(s)of land is separately owned by others not associated by a land development business relationship with the owner. Short Subdivision 3)1 3 Approved: l7ircctar of Community Services 2103191 Page 2 of 4 12/04/2018 03:44:23 PM Mason County, WA 8.That the public use and Interest will be served by permitting th roposcd division of this land, DATED this 24 ay of C)U1Y 20 rant1 � ntor Grantor Grantor Grantor Grantor '00 Short Subdivision 3 1 L 3 Approved: Director of Cocununity Services i 2103191 Page 3 of 4 12/0412018 03:44:23 PM Mason County,WA STATE OF WASHINGTON,COUNTY O ASON On this day personally appeared before me rru to me wn o e individual described in and who executed the within and foregoing instrume owledged that, ad same as V free and vo act and deed,for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day o 201 Y' ~` Notary Public in and for the f Sta 'O Noss Pa 01 IX),, LOA �� blu2�t�y>�� Washington,residing at KEUE MEiX3 Y W APRIL� \ S "i SHINGTON,COUNTY OF MASON On this day perso before me to me known to be the individual described i in and who a uted th t �n and foregoing instru-nent,and acknowledged that signed the same as _ free and voluntary act and deed,for the uses and purpc` coned. G er my hand and official seat this day of _ 20__ i i Notary Public in and for the State of Washington,residing at Qhort Subdivision 3 3 Z 3 Date app. ve Director of Community Services i I 2103191 Page 4 of 4 12/04/2018 03:44:23 PM Mason County,WA I Resolution No.,,S S+.19 Declaration of Surplus Property WHEREAS,Mason County owns certain property Parcel Number: #42002-10-00020 located at the comer of Highway 101 and Highway 102 in Mason County,WA and has been determined the property to be surplus to the County's needs; WHEREAS,Mason County issued public notice regarding the proposed surplus property for two consecutive weeks in a newspaper of general circulation within Mason County; WHEREAS,the Mason County Board of Commissioners,on Tuesday,June 5,2018,held a public hearing regarding the property in which members of the public were able to testify before the Mason County Board of Commissioners regarding the proposed property to be surplused; NOW,THEREFORE,BE IT HEREBY RESOLVED,by the Board of Mason County Commissioners that the following parcel is declared surplus property: PARCEL NO: #42002-10-00020 and the Property Manager is authorized to offer all of said property for sale,by any of the several means authorized by Mason County Code 3.40. 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 Property Manager and process costs; and finally to the Road Fund. Dated this 5th day of June 2018. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY,WASHINGTON Mel' sa�. Clerk U the Board atherlin,Ch iail APPROVED AS TO FORM: ken f Kevin Shutty,Commissioner Terri Drexler,Commis ioner 1:\Property Mng\Resolutions\2018\Surplus Resolution-PW parcel 42002-10-00020 June 5.doc Resolution No. Amending Resolution 37-18 Declaration of Surplus Property WHEREAS, on Tuesday, June 5, 2018, Mason County Board of Commissioners approved Resolution No. 37-18, declaring Parcel Number 42002-10-00020 as surplus property; WHEREAS, a Short Subdivision No. 3123 was completed and recorded under Auditor File No. 2103191 separating the parcel into six (6) separate lots; and WHEREAS, for clarification the Board of County Commissioners have requested Resolution 37-18 be amended to identify the new parcel numbers for each lot to be surplussed. NOW, THEREFORE, BE IT HEREBY RESOLVED, that the Board of Mason County Commissioners does hereby amend Resolution 37-18, Declaration of Surplus Property, to reflect that the following lots, previously known as Parcel Number 42002-10-00020 are now known as the following and to be declared as surplus: LOT NO. 3: 42002-13-90030 LOT NO. 6: 42002-13-90060 LOT NO. 4: 42002-13-90040 LOT NO. 7: 42002-13-90070 LOT NO. 5: 42002-13-90050 LOT NO. 8: 42002-13-90080 Dated this day of 2019. ATTEST: BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Melissa Drewry, Clerk of the Board Kevin Shutty, Chair APPROVED AS TO FORM: Sharon Trask, Commissioner Tim Whitehead, Chief Deputy Randy Neatherlin, Commissioner Prosecuting Attorney