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HomeMy WebLinkAbout2019/06/03 - Briefing Packet BOARD OF MASON COUNTY COMMISSIONERS DRAFT BRIEFING MEETING AGENDA 411 North Fifth Street, Shelton WA 98584 Week of June 3, 2019 Monday, June 3, 2019 Commission Chambers 9:00 A.M. Closed Session — RCW 42.30.140(4) Labor Discussion 9:15 A.M. Support Services — Frank Pinter 10:00 A.M. Community Services — Dave Windom 10:15 A.M. BREAK 10:20 A.M. Public Works — Loretta Swanson Utilities & Waste Management 11:00 A.M. Superior Court — Judge Goodell 11:15 A.M. Treasurer— Lisa Frazier Commissioner Discussion — as needed BREAK— NOON 2:00 P.M. Elected Official/Department Head Meeting Commissioner Discussion — as needed Briefing Agendas are subject to change,please contact the Commissioners'office for the most recent version. Last printed 05/30/19 at 10:55 AM If special accommodations are needed,contact the Commissioners'office at ext.419,Shelton#360-427-9670;Belfair #275-4467,Elma#482-5269. MASON COUNTY COMMISSIONER BRIEFING INFORMATION FOR WEEK OF June 3, 2019 In the spirit of public information and inclusion, the attached is a draft of information for Commissioner consideration and discussion at the above briefing. This information is subject to change, additions and/or deletion and is not all inclusive of what will be presented to the Commissioners. Please see draft briefing agenda for schedule. co 1854 Mason County Support Services Department Budget Management 411 North 5th Street Commissioner Administration Emergency Management Shelton, WA 98584 Facilities, Parks&Trails 360.427.9670 ext. 419 Human Resources Information Services r Labor Relations Risk Management MASON COUNTY COMMISSIONER BRIEFING ITEMS FROM SUPPORT SERVICES June 3, 2019 • Specific Items for Review o Director Evaluations—June 17 @ 2 p.m. - Dawn o Amend Public Records Policy to include email management/retention —Diane o Amend Veterans Advisory Board Policy—Diane o Amend County Code for Camping Prohibited —Ross o Temporary closure of certain County Parks for tree removal - Ross o CDBG Micro Enterprise Grant- Frank o Voluntary Stewardship Program Contract— Frank o Joint Jail proposal from KMB- Frank o Offers to purchase County-owned property- Frank • Commissioner Discussion J:\DLZ\Briefing Items\2019\2019-06-03.docx MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Diane Zoren DEPARTMENT: Support Services EXT: 747 BRIEFING DATE: June 3, 2019 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEM: Amendments to Veteran Advisory Board Policy for Veterans' assistance program EXECUTIVE SUMMARY: RCW 73.08.010 authorizes counties to establish a veterans' assistance program to address the needs of local indigent veterans and their families. The program is funded by the Veterans'Assistance Fund created under the authority of RCW 73.08.080. The Veterans'Advisory Board (VAB) was established under the authority of RCW 73.080.035 and they administer the veterans' assistance program. Pursuant to RCW 73.08.005 (b) the annual income to be eligible is after taxes and the policy needs to be changed to reflect this. We are also adding an affidavit of income verification. BUDGET IMPACTS: None Recommendation: Place amended VAB policy on the June it agenda for approval. Briefing Summary 5/30/2019 MASON COUNTY VETERANS' ADVISORY BOARD OPERATING POLICY & PROCEDURES The Mason County Veterans'Advisory Board submitted amendments to the Veterans' Assistance Operating Policy in July 2018.. These Amendments are adopted by the Board of Mason County Commissioners this 21st day of August,2018 and effective September 1,2018 Mason County,Washington -------------------------------------------- Randy NeatheF4F* evia S -yU Chair -------------------------------------------- ATTEST: v^;.,!;;S.Chi RandyJVeatherlin- Commissioner ---------------------------------- ------------------------------------------- Melissa Drewry, Clerk of the Board r- Te,�i D�re*t FSharon Trask.Commissioner Adopted 08/21/2018 MASON COUNTY VETERANS' ADVISORY BOARD OPERATING POLICY & PROCEDURES TABLE of CONTENTS I.Organizational Policies..............................................................................................................................3 II.Financial Policies.......................................................................................................................................3 III.Policy Establishing Board.........................................................................................................................4 IV. Eligibility Policies.....................................................................................................................................4 V.Referral to Other Services........................................................................................................................5 VI.Appeal and Resolution Policy..................................................................................................................5 VII.Application Procedures..........................................................................................................................6 VIII. Processing of Packet Procedures..........................................................................................................7 IX.Records,Files,Forms and Reports..........................................................................................................7 X.List of Attachments(Att.).........................................................................................................................8 Page 2 of 8 Adopted 08/21/2018 I.Organizational Policies a. All RCWs(Revised Code of the State of Washington)within Chapter 73.08 RCW VETERAN'S RELIEF,with other RCWs and Mason County Resolutions-will be used and referred to throughout this policy. b. The purpose of the Mason County Veteran's Assistance Fund(VAF)is to provide relief as set forth in RCW 73.08.010 to indigent and suffering veterans,their families and the families of deceased indigent veterans. c. Any honorably discharged veterans or veterans with a General Discharge under honorable conditions or a General Discharge with other than honorable conditions(Administrative Discharge),as outlined in RCW 41.04.005 and RCW 41.04.007,and meeting the criteria in 1-b may apply. d. These policies and procedures are subject to review annually by the VAB. 1)If a revision is made,it is so noted and a narrative of revision is put in VAB minutes. 2)If no revisions are made,the date of review is noted,and put in VAB minutes. 3)Post Commanders will be advised concerning any revisions and reviews recommended by the VAB. 4)MCC has final approval of all revisions. e. The VAB will meet the second Wednesday of each month at 10:00am at the Memorial Hall on 2nd. and Franklin St.,in Shelton,WA. E A quorum must be met to conduct any business that may come before the board. g. If a quorum is not met,the Chair may contact other members via phone/text messaging or by e- mail. h. Upon reaching a member,and member agrees to be part of the meeting,thus creating a quorum,the Chair must remain in contact with the member throughout the meeting. II.Financial Policies a. The funds for creating a Veterans'Assistance Fund(VAF)RCW 73.08.080,is generated from a tax levied by the Mason County Commissioners(MCC),use of the fund is governed by same RCW. b. Approval of the one thousand two hundred($1,200)dollars for assistance shall be granted only for the following: 1) Past Due Rent or Mortgage 2) Past Due Utilities: I. Electric ii. Water iii. Natural Gas iv. Wastewater(sewer) 3.)Miscellaneous Items: I. Necessity Items(refer to list-Attachment A) a. Single$150.00 b. Married$200.00 c. +$50.00 per dependent ii. Needed Fire Wood or Propane 4)Other Items I. Obtain state ID card(one time only) d._Exclusions will include,but not limited to alcohol,tobacco,lottery tickets. -- Formatted:Numbered+Level:1+ e:ILPurchases in excess of the amount written on the check are the responsibility of the applicant Numbering Style:a,b,c,...+Start at:3+ L__No cash back will be given to the applicant if purchases are less than the amount written on the U i2g5nment:Lek+Aligned at: 0"+Indent at: check. g f_All requests for assistance will be approved by the Veterans Service Officer(VSO),with final -- Formatted:Indent:Lek: -0.06",Numbered+ approval by the MCC. Level:1+Numbering Style:a,b,c,...+Start at:3+Alignment:Left+Aligned at: 0"+ Indent at: 0.25" Page 3 of 8 Adopted 08/21/2018 h:gJf it is determined an applicant is in need of assistance due to any event,catastrophic illness or other significant change in circumstance which comes into being unexpectedly and is beyond the applicants'management or control,the VSO may request in writing that Mason County consider approval of an amount not to exceed a one thousand($1,000.00)dollar lifetime limit per applicant. L►j_. The intent of the VAF is not to replace assistance from any other agency,and assistance is granted on a"Case by Case"basis only. p_The VAF is not intended to provide continuing assistance on a routine basis. 1,.LThe VAF shall not duplicate other available assistance for the purposes as noted in 11.(c) III.Policy Establishing Board a. RCW 73.08.035 states each county must establish a Veteran's Advisory Board(VAB),the board shall advise MCC on the needs of local indigent veterans,the resources available to local indigent veterans,and programs that could benefit the needs of local indigent veterans and their families. b. The VAB is comprised of veterans from the community"at large",and representatives from nationally recognized veterans'service organizations within Mason County.Per said RCW,no fewer than a majority of the board members shall be members from a nationally recognized veterans'service organization and only veterans are to serve on the board. Service on the board is voluntary. c. Mason County Resolution NO.05-15 allows for appointment of two members residing in Mason County from each Nationally Recognized Veterans'Service Organizations to be appointed to the Veteran's Advisory Board(VAB),and two members"at large". d. The VAB will consist of a ten(10)member board;members are appointed as follows: 1) American Legion(2 members) 2) Veterans of Foreign Wars(2 members) 3) 40 et 8(2 members) 4) Disabled American Veterans(2 members) 5) Two(2)Mason County resident veteran(at large) e. Commanders of these organizations will not be members of the VAB. E Commanders will appoint the members from their organization to serve on the VAB for the purpose of overseeing the VAF. g. These members may be appointed or removed at the discretion of their commander. h. The first appointment of members shall be three(3)members for a three(3)year term,and four (4)members for a two(2)year term. L Thereafter all terms will be two(2)year terms. j. The MCC reserves the right to disallow VAB appointee for cause. IV.Eligibility Policies a. RCW 73.08.005 and other provisions in RCW Tide 73 shall govern eligibility assistance to indigent and suffering veterans and/or families. b. The county defines"indigent and suffering"to mean the current poverty level as defined by the United States Department of Health and Human Services.(HHS)(Ath B}found at httos://asoe.hhs.gov/ooverty-guidelines c. Family members entitled to apply for assistance shall be defined as spouse or domestic partner, surviving spouse or surviving domestic partner,and dependent children of a living or deceased veteran. d. Applicants must be a resident of the Mason County for at least ninety(90)days. Page 4 of 8 Adopted 08/21/2018 e. Applicant and anyone over the age of 18 in the household must present proof of residency and income.If no income,an affidavit must be signed by both the veteran and household member. f. An applicant may use hotel/motel receipts as proof of residence,provided that: 1) All receipts show a minimum of a 90(ninety)day stay with in Mason County. 2) The 90(ninety)day stay must be continuous. 3) All receipts must be in the applicant's name. 4) All receipts must be original(no copies). g. Under the federally-established poverty guidelines,the gross income after taxes and deductions for medical insurance premium.including medicare of the veteran and all members of the household must be at or below 150%of the poverty guidelines established by the HHS(Alt B). h. Veterans making above the 150%and who do not have an emergency financial situation will not be eligible for assistance. i. An applicant may have a source of income above the aforementioned 150%and still be considered indigent on an emergency basis. j. lack of funds because of bad financial management of an adequate source of income does-not make the applicant indigent V.Referral to Other Services a. As per RCW 73.08.070 the county shall assist indigent veterans with burial or cremation costs of three hundred($300.00)dollars minimum or up to one thousand($1,000)dollars. b. The burial assistance is in addition to prior twelve hundred thousand($1,200.00)dollars limitation as outlined in II-c. c. In an effort to maximize dollars and provide for as many as possible applicants,and when appropriate,the veteran may be referred by the VSO to other veteran services and to other community resources for services. VI.Appeal and Resolution Policy a. If an applicant has either by accident or on purpose falsely filed a claim,or has misused monies from the Veterans'Assistance Fund,the following will apply: 1)A letter is given to the applicant,from the County,denying further use of this fund,until the false claim is resolved. 2)A copy of that letter will be sent to the Veterans'Service Office,to be placed in the offending applicant's file. 3)The applicant's file will then be"Red Flagged",and denied further use until the problem is resolved. b. To resolve the claim,the applicant can clear their name by: 1)If applicant feels this is unjustified,they may appeal in writing to the Veterans'Advisory Board within fifteen(15)days of notification. 2)The appeal will be reviewed by the VAB at the next regular scheduled meeting and a decision will be made no later than the next regular scheduled meeting. 3)Approval or Disapproval requires a"Super Majority"vote by the entire VAB. 4)The applicant may file an appeal,in writing,with the Mason County Commissioners.A decision in regard to appeal may take up to 30 days. c. The applicant may repay any and all monies that have come into question,and may not have access to these funds for one(1)year after payment Page 5 of 8 Adopted 08/21/2018 d. If the applicant elects not to do V1.b.or V1.c.there will be a two(2)year probationary wait period. After the wait period is over,the applicant must"in writing"request to receive these funds once more,a decision will be forthcoming. e. If it is found that the applicant has done this two(2)times,they will be permanently denied from using this fund. VII.Application Procedures a. Upon arriving at the VSO office the applicant will be asked to sign-in. b. The applicant is then screened about their assistance needs,residence,income,and their eligibility,an"Assistance Fund Application(AFA)(Att.C)and a Rental/Mortgage Verification"(Att. D)form must be filled out as part of the application process. c. If the applicant does not have all needed information or documentation,they will be given a form "Veterans'Assistance Fund Documents Checklist"(Att E)to help them gather the needed information and return form to VSO. d. If an applicant cannot show proof of service,a"Standard Form 180"(Att F)will be given to them to be filled out and sent in,they can also go to the VA at American Lake to get proof of service. e. If two or more applicants are sharing the same physical residency,then all income is considered as one. E Only one application may be used for any single physical residency. g. If an applicant has a"Sub-Lease Agreement",then VII Q)will apply. h. When an applicant has requested assistance for past due rent or mortgage payment,IL(c)(1),and has gone through the screening process.The VSO will call the landlord to inform them that the veteran has applied for assistance,and that a letter of"Recommendation for Payment"(Att G)will be forthcoming. i. The applicant will then be given a form"Rental/Mortgage Verification"(Att D)to be given to the landlord.This form must be filled out by the landlord or lien holder,notarized and sent back or taken to the VSOs'office.The VSO will then verify all information on the form. j. Shared Dwelling: 1) In the case of a veteran sharing a dwelling with another person who is not a family member as defined in Operating Policy item IV(c),the rental amount will be prorated by the number of people living in the dwelling. 2) In the case of a veteran sharing a dwelling with another person who is not a family member as defined in Operating Policy item IV(c),the utility expenses will be prorated by the number of people living in the dwelling. 3) In the case of a veteran sharing a dwelling with another person who is not a family member as defined in Operating Policy item IV-c,the firewood/propane expenses will be prorated by the number of people living in the dwelling. IL When an applicant has requested assistance for past due utilities(electric,water or natural as)Il (f)(2),and has gone through the screening process.The applicant must have a"Past Due"pink slip(s)stating that service will be discontinued. 1. Some utilities companies,i.e.Shelton Utilities,do include garbage within the water bill,in this situation where the bill is"combined",the whole bill is paid. m. The VSO will call the utilities company to verify the current amount to be paid,and inform them that the veteran has applied for assistance and that a letter of"Recommendation for Payment" (AttG)will be forthcoming. n. When an applicant requests assistance for firewood or propane and has gone through the screening process,the VSO will call a vendor to confirm prices and amount needed.The VSO will inform the vendor,the veteran has applied for assistance and that a letter of"Recommendation for Payment"(AttG)will be forthcoming,VII 0)(3)also applies. Page 6 of 8 Adopted 08/21/2018 o. The VSO will then fill out a"Purchase Order"(AttH)to be sent with"Assistance Fund Application" (AFA)(Att.C)for approval from MCC. p. When an applicant requests Miscellaneous Items or Other Items and has gone through the screening process,the VSO will,to the best of their ability,determine the needs of the applicant. q. The VSO will fill out the"Assistance Fund Application"(AFA)(Att.C),determine the amount,the vendor,and have the applicant sign the application with a full understanding of the request r. Necessity Items check(s)are issued in fifty dollar increments.The applicant will be given an itemized list of authorized items that may be purchased.(Att A) s. After all needed information and documentation is gathered from the applicant and outside sources,the AFA is then completely filled out and the packet is complete. L It is the VSOs'responsibility to ensure all information in the packet is correct and verified. u. When the completed packet is sent on to MCC,it will have a copy of"Recommendation for Payment"as a cover sheet(AttG)or"Assistance Fund Application"(Att C). v. The VSO reserves the right to refuse service to disorderly or abusive individuals.Service will be refused to individuals under the influence of alcohol and/or drugs.Applicants who are disorderly or abusive to Mason County employees or volunteers will be not be provided assistance and will be asked to leave the building. VIII.Processing of Packet Procedures a. Once the packet is received at the MCC office,it is date stamped and reviewed to ensure all information is correct and all supporting documentation is there. b. Applications submitted to the MCC for processing and have been determined to meet the necessary guidelines will have checks issued within three business days. c. Applicants who pick up his/or her check(s),must have proper picture ID,and must sign for check(s).Check(s)are sent out by mail the next business day following approval. d. Necessity Item check(s)that are issued will be stamped with: "No Alcohol or Tobacco","No Cash Back". e. Some delays may result if a legal holiday falls within the time period or if there are insufficient funds to release the check. E A weekly list of"Approval of Expenditures"is sent to the VSO's office from the MCC office. g. A monthly list of"Approval of Expenditures"is sent to the MCC. IX.Records,Files,Forms and Reports a. It will be the responsibility of the VAB Chair,acting in concert with the VSO's to establish and maintain a record of each applicant requesting and/or receiving assistance from the VAF. b. The VSO will provide forms and reports of attendants,decisions,and record-keeping for clientele, e.g.,forms for vendors,initial applications,and VAB decisions. c. Each October,the VAB,acting in concert with the VSOs shall produce an annual report for the MCC, containing the following information: 1) The number of requests for assistance received during the calendar year. 2) The number of requests for assistance for which assistance was given. 3) The number of requests for assistance for which assistance was not provided and a narrative description of the reasons assistance were not provided. 4) The total dollar value of assistance provided on a monthly basis. 5) A narrative description of non-monetary assistance provided by the VAB. 6) Meeting minutes as an attachment. 7) A copy of appeals as an attachment Page 7 of 8 Adopted 08/21/2018 d. If any section of these policies or procedures is determined to be in conflict with federal,state.or county laws,ordinances or directives,then said section will be void and the aforementioned laws, ordinances or directives shall prevail. X.Attachments(Att.) A.VAF Necessity Itemized List B.Income Guidelines for Mason County(HHS) C.Assistance Fund Application(AFA) D.Rental/Mortgage Verification E.Veteran's Assistance Documents Checklist(S&S form) F.Request Pertaining to Military Records(Standard Form 180) G.Recommendation For Payment H.Mason County Veterans Service Office-Purchase Order Page 8 of 8 Adopted 08/21/2018 Attachment B MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Ross McDowell DEPARTMENT: Parks & Trails EXT: 806 BRIEFING DATE: June 3, 2019 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEM: Creation of Draft Mason County Code, Chapter 2.52 Camping Prohibited EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): To insure the public health and safety of our community a County Code is needed to regulate the camping and trespassing on County owned property. The County Parks are closed at dusk to visitors, therefore there is no overnight parking allowed in our County parks (Code 9.44.020). MC Code Chapter 9.44.050 Park Periods indicates that "No person shall enter or be present in a county park area or the county fairgrounds after closing time except with specific permission of the park or fairgrounds manager; as a county parks or fairgrounds employee; or as a guest of a county parks or fairgrounds employee." In the current County Code Chapter 2.51 allows for Special Permit for overnight camping in Foothills and Truman Glick Parks with a limit of 2 nights. The special permits also have several stipulations including fees and health & safety guidelines. It has been understood there was no overnight camping in other County Parks since the parks were closed at dusk (MC Chapter 9.44.050). To be perfectly clear the County needs to establish a County Ordinance prohibiting camping in County Parks. Parks Department will ensure the park hours are clearly posted along with "No Camping" signs to coincide with the ordinance. A review of this drafted ordinance will to be completed by Mason County Health, DCD, Sheriff's Office and the Prosecutor's office prior to going to a hearing. BUDGET IMPACTS: Purchase of County"No Trespassing / Camping"signs need to be purchased by Parks Division and Facilities Division. RECOMMENDED OR REQUESTED ACTION: Discussion and review of the legalities of the Camping Prohibited Chapter 2.52 ordinance and move forward with a hearing. Briefing Summary 5/28/2019 Attachment B ATTACHMENTS: Draft of Mason County Code Chapter 2.52 Camping Prohibited Briefing Summary 5/28/2019 Chapter 2.52 CAMPING PROHIBITED Sections: 2.52.010 Definitions. 2.52.020 Camping Prohibited Policy. 2.52.030 Storage of Personal Property in Public Places Prohibited. 2.52.040 Enforcement. 2.52.050 Violation — Misdemeanor. 2.52.010 Definitions. For purposes of this Chapter, the following definitions apply: A. "Camp" means erecting a tent or shelter or arranging bedding or both, for the purpose of, or in such a way that permits, remaining overnight, or parking a trailer, camper, or other vehicle for the purpose of remaining overnight. B. "County property" means any county-owned real property including county parks and property held in trust. C. "Vehicle" means every device capable of being moved upon a public highway and in, upon, or by which any person or property is or may be transported or drawn upon a public highway. Bicycles shall not be considered vehicles for purposes of this Chapter. D. "Camp paraphernalia" includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, blankets, mattresses, hammocks, or non-city designated cooking facilities and similar equipment. E. "Store" means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location. F. "County Property Closed" According to existing conditions, times and periods when the park is open or closed to the public. Parks are closed between dusk and dawn. County owned real property and property held in trust shall be closed before and after normal business hours, on weekends and on holidays while County operations are closed. 2.52.020 Camping Prohibited Policy. It shall be unlawful for any person to camp on county property after county property is closed, except in areas specifically designated and posted for those purposes. It shall be unlawful for any person to occupy a vehicle for the purpose of camping while that vehicle is parked after a park is closed. 2.52.030 Storage of Personal Property in Public Places Prohibited It shall also be unlawful for any person to store personal property, including camp facilities (other than vehicles) and camp paraphernalia on county property. 2.52.040 Enforcement. The Mason County Sheriffs Department shall enforce the provisions of this Chapter. 2.52.050 Violation —Misdemeanor. Violation of any of the provisions of this chapter is a misdemeanor(RCW 9A.52.080 Criminal Trespass in the Second Degree). Any person violating any of the provisions of this chapter shall, unless another penalty is expressly provided for, all acts, conduct, and events prohibited or declared unlawful in this chapter shall constitute misdemeanor. Attachment B MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Ross McDowell DEPARTMENT: Parks &Trails Division EXT: 806 BRIEFING DATE: June 3, 2019 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEM: News Release EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): Mason County will be temporarily closing part of Union Park, located at 61 E Port Townsend Street, Union for one day in order to remove several dead trees. Union Park play area will be closed to the public on Tuesday, June 11, 2019 and will reopen on Wednesday, June 12, 2019. This will allow the contractor(Beko's Tree Service) and County Parks and Trails staff adequate time to log and remove dead timber. BUDGET IMPACTS: Pending a FEMA Mitigation grant for $15,000 (12.5% - 25% match) to cover safety issue trees in Union, Victor and Jacoby Parks. RECOMMENDED OR REQUESTED ACTION: New Release read at June 4th BOCC Meeting and out to media. ATTACHMENTS: News Release Briefing Summary 5/29/2019 NEWS RELEASE June 4, 2019 MASON COUNTY COMMISSIONERS' OFFICE 411 N 5T" ST, BLDG 1, SHELTON, WA 98584 TO: KMAS, KRXY, SHELTON-MASON COUNTY JOURNAL, THE OLYMPIAN, SHELTON CHAMBER OF COMMERCE, NORTH MASON CHAMBER OF COMMERCE, CITY OF SHELTON, ECONOMIC DEVELOPMENT COUNCIL, THE SUN RE: Temporary Closure of Union Park for Dead Tree Removal Mason County will be temporarily closing part of Union Park, located at 61 E Port Townsend Street, Union for one day in order to remove several dead trees. Union Park play area will be closed to the public on Tuesday, June 11, 2019 and will reopen on Wednesday, June 12, 2019. This will allow the contractor and County Parks and Trails staff adequate time to log and remove down timber. Citizen's safety is the top priority for the County and we would appreciate compliance with the temporary park closure and ask all residents to avoid entering the park. For further information please contact the Mason County Parks and Trails Office at (360) 427-9670 extension 535. BOARD OF MASON COUNTY COMMISSIONERS Randy Neatherlin Kevin Terri Drexler Chair Commissioner Commissioner MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Frank Pinter DEPARTMENT: Support Services EXT: 530 BRIEFING DATE: June 3, 2019 PREVIOUS BRIEFING DATES: N/A ITEM: Voluntary Stewardship Program Contract EXECUTIVE SUMMARY: During the recent legislative session, the state legislature continued funding for the Voluntary Stewardship Program (VSP) into the next biennium (2019-21). Mason County opted-in to the VSP, and funding will be available beginning July 1, 2019. The purpose of the program is to provide funding to the County for the implementation of the work plan as required for the VSP, consistent with RCW 36.70A.700-760 and related statutes. Attached for the Board of County Commissioner's review is a contract for the VSP funding for the 2019-2021 biennium. BUDGET IMPACTS: Funding available for reimbursement under this contract is up to $240,000 for the entire 2019-2021 biennium. RECOMMENDED OR REQUESTED ACTION: Request Approval from the Board of County Commissioners to have the Chair sign the agreement for the 2019-21 Biennium Contract No. K2016 between the Washington State Conservation Commission and Mason County for Voluntary Stewardship Program Implementation at the June 11th regularly scheduled meeting. ATTACHMENTS: VSP Contract J:\Budget Office\Briefing,Agenda,&Public Hearing Items\2019\Briefing Summary 6.3.19-VSP Contract.doc 5TA7}• n is n w- .yy� �i�tts q STATE OF WASHINGTON CONSERVATION COMMISSION PO Box :47721 + Olympia, Washington 98504-.7721 i (360)407-6200 • FAX(360) 407-6215 May 24, 2019 Board of County Commissioners Mason County 411 North 5th Street Shelton, WA 98584 Re: Continued Implementation of the Voluntary Stewardship Program Dear Board of County Commissioners During the recent legislative session, the state legislature continued funding for the Voluntary Stewardship Program (VSP) into the next biennium (2019-21). As a county who opted-in to the VSP, I'm writing to formally notify you funding will be available for the next fiscal year beginning July 1, 2019 for implementation of the VSP. The Commission deems this level of funding adequate funding to meet the implementation needs of the counties who have opted into VSP. This funding is the only funding available from the Commission for VSP implementation. Attached for your review is a contract for the VSP funding for the 2019-21 biennium. Once the county has signed the agreement and returned to the Commission, the Executive Director of the Commission will sign the contract. A fully executed contract will be returned to the county. The effective date of this contract will be July 1, 2019. However, delays without reasonable explanation on the part of the county in signing this contract past August 31, 2019 may result in the Commission denying any reimbursement during that time. If you find you cannot comply with signing this contract by August 31, 2019, you must contact Karla Heinitz at 360-407-6212 or by email at kheinitz0_scc.wa._pov immediately. Also, I wanted to highlight some important provisions that continue from last biennia's contract into this new 2019- 21 biennium contract. Those include, but are not limited to: 1. Funding available for reimbursement under this contract will not exceed $240,000 for the entire 2019-2021 biennium. 2. Ten (10) percent of the contract amount will be retained by the Commission until after May 1, 2021. After May 1, 2021, or sooner upon satisfactory progress of the contract, this amount will become available to the county. 3. If the county assigns a VSP lead entity, the Commission will require a copy of any subcontract between the county and a VSP lead entity. WSCC Letter to VSP Counties Re Contract May 2019- Page 2 of 2 4. The County is required to provide to the Commission the most recent version of the county's VSP work plan, which includes-all attachments and/or appendices. This can be accomplished by sending to Alicia McClendon, the VSP Administrative Assistant, an electronic link which the Commission can use to download the plan. The link should be sent to amcclendon(a.scc.wa.gov .. 5. The Commission will require the county create an implementation budget to ensure all requirements related to VSP implementation are accounted for during this contract period, and to ensure the two-year and five-year reporting requirements will be met. The county must provide the budget to the Commission no later than 120 days from the date of signature of the contract by the County. 6. The Commission requires any VSP funds used by the county for cost-share projects abide by the Commission's Grant and Contract Procedures Manual. 7. Mason County's two year status report is due to the Commission no later than August 30, 2019. 8. Mason County's five year report is due to the Commission no later than November 24,2020. 9. The failure of the county to provide any of the following are explicit grounds for termination of the contract: a. To complete the scope of work in a reasonable time frame; b. To provide timely quarterly status reports; c. To provide an estimate of the final anticipated costs associated with the completion of this contract by March 1, 2021 (if this contract is not already completed by that date); d. To submit monthly invoices for reimbursement to the Commission's VSP Contract Manager; and e. To identify and keep current the responsible individual as identified in Appendix D— Responsible Individuals. Thank you for your continued engagement in and support of VSP. I look forward to working with you and your staff on program implementation. If you have any questions, please feel free to contact me. Sincerely, Ron D. Shultz Policy Director Enclosure: VSP 2019-21 Biennium Contract between the Commission and the County cc: Frank Pinter Jan Sliva 2019-21 Biennium Contract No. K2016 BETWEEN The Washington State Conservation Commission AND Mason County FOR Voluntary Stewardship Program Implementation THIS AGREEMENT is made and entered into by and between the Washington State Conservation Commission, hereinafter referred to as "COMMISSION" and Mason County, hereinafter referred to as "COUNTY". IT IS THE PURPOSE OF THIS AGREEMENT to provide funding to the COUNTY for the implementation of the work plan as required for the Voluntary Stewardship Program (VSP), consistent with RCW 36.70A.700-760 and related statutes. THEREFORE, IT IS MUTUALLYAGREED THAT the COMMISSION will provide funding consistent with the terms of this contract, the policies of the COMMISSION, and the laws of the State of Washington; and the COUNTY will implement the terms of this contract with the funding provided consistent with the policies of the COMMISSION and the laws of the State of Washington. 1.0 PERIOD OF PERFORMANCE Subject to its other provisions, the period of performance of this agreement shall commence on the effective date of this agreement, which is July 1, 2019, and be completed on June 30, 2021, unless either extended by agreement of the parties or terminated sooner, as provided herein. 2.0 SCOPE OF WORK It is the intent of the parties that the COUNTY will perform its duties consistent with the timelines set forth in RCW 36.70A.720-735, subject to available funding, and subject to state contracting requirements.The COUNTY shall furnish the necessary personnel, equipment, material and/or service(s), or contract with third parties to accomplish the same, and VSP 2019-21 Biennium Contract Between the WSCC and County- Page 1 of 20 otherwise do all things necessary for or incidental to the performance of the work set forth herein. The COUNTY shall report in writing within 30 days any problems, delays or adverse conditions that will materially affect their ability to meet project objectives or time schedules stated herein.This disclosure shall be accompanied by a statement of the action taken or proposed and any assistance needed to resolve the situation. The COUNTY shall complete the work listed in APPENDIX B—SCOPE OF WORK, herein. 3.0 FUNDING AVAILABILITY AND COSTS The parties expect legislative appropriation for this work shall not exceed $240,000. Payment for satisfactory performance of the work accomplished under this agreement shall not exceed this amount. The COMMISSION'S ability to make payments is contingent on availability of funding. In the event funding from the state is withdrawn, reduced, limited or otherwise determined by the COMMISSION to be inadequate in any way after the effective date and prior to completion or expiration date of this agreement,the COMMISSION, at its sole discretion, may elect to terminate the agreement, in whole or part,for convenience or to renegotiate the agreement subject to new funding limitations and conditions.The COMMISSION may also elect to suspend performance of the agreement until the COMMISSION determines the funding insufficiency is resolved. Should the COMMISSION determine funding needs to be reduced, the COMMISSION will provide 30-days notice of an intent to reduce the amount of funding available under this agreement. 3.1 Eligible Costs The COMMISSION will pay the following costs, but only upon full COUNTY compliance with APPENDIX C— BILLING PROCEDURE: ■ Salaries and benefits, 20% indirect of salaries and benefits is allowed on COUNTY personnel or any subcontractor personnel designated by the COUNTY to qualify for indirect costs. ■ Travel, including mileage and per diem for program staff, consistent with state law. Travel and expenses paid directly to work group member participants is not allowed. ■ Meeting rooms and light refreshments for working meetings. Light refreshments are defined as: an edible item that may be served between meals, for example, doughnuts,sweet rolls, and pieces of fruit or cheese. A list of meeting attendees and an agenda are also required to be eligible for reimbursement. ■ Facilitation, reports, studies, research and document preparation, which may be accomplished through either staff efforts or qualified contractors. Contractor services shall conform to ordinary billing rates and overhead multipliers for the type and location of the services within the COUNTY. ■ Copy and printing costs. ■ Equipment. The COUNTY agrees and understands that pre-approval by the COMMISSION is required for equipment purchases over $1,000. All equipment VSP 2019-21 Biennium Contract Between the WSCC and County-Page 2 of 20 should be directly related to the activities of the watershed group and the implementation of the VSP. Equipment may include, but is not limited to, computers, data base software, and GIS software. 3.2 Cost-Share Programs The COUNTY may choose to offer a cost-share program to achieve the goals and objectives of the county work plan and RCW Chapter 36.70A. If the COUNTY so chooses to offer a cost-share program to VSP participants,the COUNTY hereby agrees that COMMISSION cost-share policies and procedures will be abided by, regardless of who is administering the cost-share program (the COUNTY or some other entity on behalf of the COUNTY). Further, the COUNTY must be in compliance with APPENDIX C— BILLING PROCEDURE and must also: • Consult with COMMISSION STAFF identified in APPENDIX C—BILLING PROCEDURE, prior to using VSP funds for a cost-share program, • Provide written documentation that the county work group has approved the cost share program, • Receive training regarding COMMISSION cost-share policies and procedures,from COMMISSION STAFF identified in APPENDIX C— BILLING PROCEDURE, prior to using VSP funds for a cost-share program, unless COUNTY staff or the entity or entities administering such a cost-share program have already received such training from the COMMISSION, and • VSP cost-share projects that are funded using any amount of COMMISSION VSP funds shall be reported in the five year report under RCW 36.70A.720 (2) (b) (i) and (c) (i). 3.3 Disallowed Costs The COUNTY is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its Subcontractors (such as consultants), and Assignees. If the COUNTY expends more than the amount of the COMMISSION funding in this agreement in anticipation of receiving additional funds from the COMMISSION, it does so at its own risk. The COMMISSION is not legally obligated to reimburse the COUNTY for costs incurred in excess of this agreement. 3.4 Insufficient Funds The obligation of the COMMISSION to make payments is contingent on the availability of state and federal funds through legislative appropriation and state allotment. When this contract crosses over state fiscal years the obligation of the COMMISSION is contingent upon the appropriation of funds during the next fiscal year. The failure of the legislature or federal agencies to appropriate or allot such funds to the program shall be good cause to terminate this contract and for the Executive Director of the COMMISSION to determine that the watershed has not received adequate funding to implement the program consistent with RCW 36.70A.735 (d). VSP 2019-21 Biennium Contract Between the WSCC and County-Page 3 of 20 3.5 Method of Compensation Payment shall be made on a reimbursable basis for costs or obligations. Eligible costs incurred by the COUNTY will be considered to have been paid by the COUNTY under this contract at the time the COUNTY seeks reimbursement from the COMMISSION. No payments in advance of or in anticipation of goods or services to be provided under this agreement shall be made by the COMMISSION. The COUNTY must fully comply with APPENDIX C- BILLING PROCEDURE to be eligible for reimbursement. 3.6 Retainage Notwithstanding the provisions of Sections 3.0 - 3.5 above, an amount equal to ten percent (10%) of the amount listed in section 3.0 FUNDING AVAILABILITY herein shall be retained by the COMMISSION. This amount shall be available to the COUNTY after May 1, 2021 or upon demonstration of satisfactory completion of this agreement,whichever comes first, provided that the COUNTY has maintained full compliance with the provisions of APPENDIX C—BILLING PROCEDURE. The demonstration of satisfactory completion of this agreement is defined as meeting all conditions set out in APPENDIX B—SCOPE OF WORK. 4.0 ASSIGNMENT The COUNTY may not assign this contract. The COUNTY may however, delegate the work to be completed under this agreement to an Agent. Any such Agent shall comply with the requirements of this agreement. Within any such delegation the COUNTY shall remain liable for any claim arising thereunder, and the COUNTY shall remain responsible for compliance with this agreement and RCW 36.70A.700-735, and with all applicable Federal, State and local laws, orders, regulations and permits. COUNTY retains the right to subcontract any portion or portions of the work as it deems necessary to complete the work. If COUNTY chooses to delegate tasks to a lead entity for VSP, a copy of the subcontract must be sent to the Commission's VSP Contract Manager identified in APPENDIX C— BILLING PROCEDURE as soon as the subcontract has been signed by both parties. 5.0 CONTRACT MANAGEMENT Each party shall assign a specific individual to be responsible for and shall be the contact person for all communications and billings regarding the performance of this Agreement. Those individuals will be set out in APPENDIX D—RESPONSIBLE INDIVIDUALS herein incorporated by reference. If for any reason the individuals identified in Appendix D change, the parties agree to immediately identify and notify each other of another in writing of the new responsible individual for this agreement. 6.0 TERMINATION The COUNTY may terminate this agreement upon 30-days' prior written notification to the COMMISSION. If this agreement is terminated by the COUNTY,the COUNTY shall be VSP 2019-21 Biennium Contract Between the WSCC and County-Page 4 of 20 reimbursed only for performance rendered or costs incurred in accordance with the terms of this agreement prior to the effective date of termination. If this agreement is terminated by the COMMISSION, the COUNTY shall be reimbursed only for performance rendered or costs incurred in accordance with the terms of this agreement prior to the effective date of termination. If the COUNTY terminates this agreement prior to the work plan's approval, or prior to when the work plan's goals and benchmarks are met,the COUNTY may be subject to the requirements of RCW 36.70A.735 and related statutory sections. The COMMISSION may terminate this agreement upon 30-days' prior written notification to the COUNTY for cause, or for any reason or combination of reasons listed below, each of which constitute a breach of this contract in accordance with Section 7.0 BREACH: 6.1 Failure to complete the requirements of Section 2.0 SCOPE OF WORK and/or APPENDIX B - SCOPE OF WORK in a reasonable time frame, or for the reasons listed in 3.0 FUNDING AVAILABILITY above. 6.2 The failure to provide timely quarterly status reports are grounds for the termination of this agreement, at the sole determination of the COMMISSION. 6.3 The failure to abide by the conditions set out in Section 3.2 above, related to the administration of a cost-share program are grounds for the termination of this agreement, at the sole determination of the COMMISSION. 6.4 The failure to provide an estimate of the final anticipated costs associated with the completion of this agreement through June 30, 2021 to the COMMISSION's VSP Contract Manager, as set out in APPENDIX B—SCOPE OF WORK is grounds for the termination of this agreement, at the sole determination of the COMMISSION. 6.5 The failure of the COUNTY to fully comply with the provisions in APPENDIX C—BILLING PROCEDURE shall be grounds for termination of this agreement. 6.6 The failure of the COUNTY to submit monthly invoices for reimbursement to the COMMISSION's VSP Contract Manager, in accordance with APPENDIX C—BILLING PROCEDURE, shall be grounds for termination of this agreement. 6.7 The failure of the COUNTY to identify and keep current the responsible individual as identified in APPENDIX D— RESPONSIBLE INDIVIDUALS, shall be grounds for termination of this agreement. The COUNTY or the COMMISSION may terminate this agreement upon 60-days' prior written notification for convenience,without any showing of cause. 7.0 BREACH The COUNTY shall not be relieved of any liability to the COMMISSION for damages sustained by the COMMISSION and/or the State of Washington because of any breach VSP 2019-21 Biennium Contract Between the WSCC and County-Page 5 of 20 of contract by the COUNTY. The COMMISSION may withhold payments for the purpose of setoff until such time as the exact amount of damages due the COMMISSION from the COUNTY is determined. In the event the COUNTY fails to commence work on the project funded herein within the timelines established under RCW Chapter 36.70A., the COUNTY shall be subject to the requirements of RCW 36.70A.735. 8.0 ENTIRE AGREEMENT AND CHANGES, MODIFICATIONS AND AMENDMENTS This agreement and the attached APPENDICES (APPENDIX A-D) contain the entire integrated agreement of the parties may be changed, modified or amended by written agreement executed by both parties. 9.0 EFFECTIVE DATE The effective date of this agreement shall be the last date of signature. This date shall be the "receipt of funds"date for purposes of RCW 36.70A.703 (9) and RCW 26.70A.725 (5) and (6). 10.0 ORDER OF PRECEDENCE Each of the exhibits listed below is by this reference hereby incorporated into this contract. In the event of a conflict in such terms, or between the terms and any applicable statute or rule,the inconsistency shall be resolved by giving precedence in the following order: ■ Applicable Federal and state of Washington statutes and regulations. ■ Mutually agreed written amendments to this Contract. ■ Appendix B—Scope of Work ■ This Contract. ■ Appendix A—General Terms and Conditions ■ Appendix C—Billing Procedure ■ Appendix D—Responsible Individuals ■ Any other provision, term or material incorporated by reference or otherwise incorporated. VSP 2019-21 Biennium Contract Between the WSCC and County-Page 6 of 20 11.0 APPROVAL This contract shall be subject to the written approval of representatives of both parties and shall not be binding until so approved. The contract may be altered, amended, or waived only by a written amendment executed by both parties. The signatories to this contract represent that they have the authority to execute this contract. Washington State Conservation Commission Mason County Signature Signature Executive Director Date Title Date APPROVED AS TO FORM BY THE WASHINGTON STATE ATTORNEY GENERAL'S OFFICE VSP 2019-21 Biennium Contract Between the WSCC and County-Page 7 of 20 2019-21 Biennium Voluntary Stewardship Program COMMISSION and COUNTY Agreement APPENDIX A—GENERAL TERMS AND CONDITIONS I. DEFINITIONS Terms used throughout this contract are defined below: "Agreement" shall mean the contract agreement to which these terms and conditions are affixed. "Agent" shall mean any entity to which the COUNTY has assigned responsibilities as allowed in the agreement. "Best management practice (BMP)" is a technique designed to protect the air, water, soil, animals, plants, and humans. BMPs must meet NRCS standards, or alternative practice designs approved by a licensed professional engineer. NRCS Practice Standards and Specifications are contained in the USDA NRCS Field Office Technical Guide (FOTG). SCC also maintains a list of approved practices eligible for cost share for special programs. "COMMISSION" shall mean the Washington State Conservation Commission, any division, section, office, including the Office of Farmland Preservation, unit or other entity of the COMMISSION, or any of the officers or other officials lawfully representing the COMMISSION. "Cost-share" is funding used to reimburse landowners for a percentage of the costs associated with the implementation of Best Management Practice(s) BMP(s). Examples of costs include, but are not limited to labor, materials, and permits. "COUNTY" shall mean the County receiving the funds as identified in the agreement that this Appendix is a part of, and is performing activities under this contract, and shall include all employees of the COUNTY. "Current fiscal year" shall mean July 1, 2019 through June 30, 2021. "Five year report" shall mean written report, provided not later than five years after the receipt of funding for a participating watershed and every five years thereafter, to the Executive Director of the COMMISSION and to the COUNTY on whether the COUNTY has met the COUNTY work plan's protection and enhancement goals and benchmarks, as described in RCW 36.70A.720 (2) (b) (i) and (c) (i). "Implement" and "implementation" shall mean to execute any requirements of RCW 36.70A.700-760 and associated statutes. "Project Officer" shall mean the specific employee of the COMMISSION that is assigned as the primary contact for purposes of the fulfillment of this agreement. VSP 2019-21 Biennium Contract Between the WSCC and County-Page 8 of 20 "Two year report" shall mean the written report of the status of plans and accomplishments that shall be provided to the COUNTY and to the COMMISSION within sixty days after the end of each biennium, as described in RCW 36.70A.720 (1) 0). "Voluntary Stewardship Program" and "VSP" shall mean the program established in, and governed by, RCW 36.70A.700-760 and associated statutes. "Watershed group" means an entity designated by a county under the provisions of RCW 36.70A.715. "Work group participants" means those volunteer members of the county VSP work group designated by the COUNTY who are working to implement the work plan and fulfill ancillary VSP statutory requirements. "Work plan" means a watershed work plan developed under the provisions of RCW 36.70A.720. II. DISPUTES Except as otherwise provided in this contract, any dispute arising under this contract shall be decided in the following manner: By the Commission's Project Officer or other designated official who shall provide a written statement of decision to the COUNTY. The decision of the Project Officer or other designated official shall be final and conclusive unless, within thirty days from the date the COMMISSION receives such statement, the COUNTY mails or otherwise furnishes to the Executive Director of the COMMISSION a written appeal. An appeal of the Project Officer's decision shall be addressed by the COMMISSION's Executive Director. The COUNTY shall have the opportunity to meet with the Executive Director to be heard either in person or by phone and to provide documents in support of their appeal. The decision of the COMMISSION's Executive Director for the resolution of such appeals shall be final and conclusive and constitutes a final agency action for the purposes of the Washington Administrative Procedures Act, RCW 34.05. Pending final decision of dispute hereunder, the COUNTY shall proceed diligently with the performance of this contract and in accordance with the decision rendered. III. 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. The COUNTY and any Agent shall comply fully with all applicable federal, state and local laws, orders, regulations and permits. Any action brought to enforce the terms of this agreement shall be in the Superior Court for Thurston County. Except as otherwise provided in this agreement, in the event of litigation or other action brought to enforce contract terms, each party agrees to bear its own attorney fees and costs. VSP 2019-21 Biennium Contract Between the WSCC and County-Page 9 of 20 IV. CONTRACTING FOR SERVICES Contracts for personal services, purchased services/goods, and public works shall be awarded through a competitive process, if required by State law. The COUNTY shall retain copies of all bids received and contracts awarded, for inspection and use by the COMMISSION. Retention of copies shall be consistent with time periods established herein. V. INDEMNIFICATION The COMMISSION shall in no way be held responsible for payment of salaries, consultant fees, and other costs related to the project described herein, except as provided in the scope of work through the reimbursement procedures described in this agreement. To the fullest extent permitted by law, the COUNTY shall indemnify, defend and hold harmless the State of Washington, agencies of the State and all officials, agents and employees of the State, from and against all claims arising out of or resulting from the performance of the contract.The COUNTY'S obligation to indemnify, defend, and hold harmless includes any claim by the COUNTY'S agents, employees, representatives, or any subcontractor or a subcontractor's employees. The COUNTY expressly agrees to indemnify, defend, and hold harmless the State of Washington and the COMMISSION for any claim arising out of or incident to the COUNTY's or any subcontractor's performance or failure to perform the contract.The COUNTY's obligation to indemnify, defend, and hold harmless the State of Washington and the COMMISSION shall not be eliminated or reduced by any actual or alleged concurrent negligence of the State or its agents, agencies, employees and officials. The COUNTY waives its immunity under Title S1 RCW(Industrial Insurance) to the extent it is required to indemnify, defend and hold harmless State and its agencies, officials, agents or employees. The COMMISSION shall be responsible for any liability arising from its own actions. However, any liability by the COMMISSION shall not mitigate the COUNTY's duty to indemnify the COMMISSION for all claims arising out of its performance of the contract. VI. RECOVERY OF PAYMENTS In the event the COUNTY fails, through the failure to exercise reasonable diligence unrelated to the State's failure to fully fund the stewardship process,to perform obligations required of it by this contract,the COUNTY may, at the COMMISSION'S sole discretion, be required to repay to the COMMISSION any funds that were spent by the county without exercising reasonable diligence or a portion of funds disbursed to the COUNTY for those parts of the project that are rendered worthless in the opinion of the COMMISSION by such failure to exercise reasonable diligence. VSP 2019-21 Biennium Contract Between the WSCC and County-Page 10 of 20 In the event that the COUNTY fails to expend funds under this contract in accordance with state laws and/or the provisions of this contract,the COMMISSION reserves the right to recapture state funds in an amount equivalent to the extent of the noncompliance in addition to any other remedies available at law or in equity. Such rights of recapture shall exist for a period of two years following contract termination. Repayment by the COUNTY of funds under this recapture provision shall occur within 30 days of demand. In the event that the COMMISSION elects to institute legal proceedings to enforce the recapture provision,the prevailing party in any litigation for"recapture"shall be entitled to reasonable attorney fees. VII. INELIGIBILITY The COUNTY certifies that neither it nor its principals are presently debarred,declared ineligible, or voluntarily excluded from participation in transactions by any federal department or state agency. VIII. INDEPENDENT RELATIONSHIP The COUNTY or COUNTY's Agent(s) performing under this contract are not employees or agents of the COMMISSION. The COUNTY shall not hold themselves out as nor claim to be an officer or employee of the COMMISSION or of the State of Washington by reason hereof, nor will the COUNTY make any claim of right, privilege or benefit which would accrue to such employee under law. Conduct and control of the work outlined in the scope of work shall be solely with the COUNTY. IX. KICKBACKS The COUNTY and its employees and authorized representatives are prohibited from inducing by any means any person employed or otherwise involved in this project to give up any part of the compensation to which he/she is otherwise entitled or, receive any fee, commission or gift in return for award of a subcontract hereunder. X. INTELLECTUAL PROPERTY Copyrights and Patents. Should the COUNTY or COUNTY's Agent(s) create any copyrightable materials or invent any patentable property in the course of the scope of work governed by this agreement,the COUNTY may copyright or patent the same but shall grant the COMMISSION a royalty-free, nonexclusive and irrevocable license to reproduce, publish, recover or otherwise use the material(s) or property and to authorize others to use the same for federal, state or local government purposes. Where federal funding is involved, the federal government may have a proprietary interest in patent rights to any inventions developed by the COUNTY as provided in 35 U.S.C. §§ 200-212. Publications. When the COUNTY, COUNTY's Agent(s), or persons employed by the COUNTY use or publish information of the COMMISSION; present papers, lectures, or VSP 2019-21 Biennium Contract Between the WSCC and County-Page 11 of 20 seminars involving information supplied by the COMMISSION; use logos, reports, maps or other data, in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to the COMMISSION. XI. PROPERTY MANAGEMENT The COMMISSION'S Property and Records Management Policy, contained in the Commission's Grants and Contracts Manual, hereby incorporated by reference, and any updates thereto, shall control the use and disposition of all real and personal property purchases wholly or in part with funds furnished by the COMMISSION in the absence of state,federal statute(s), regulations(s), or policy(s) to the contrary or upon specific instructions with respect thereto in the scope of work. XII. RECORDS MAINTENANCE The parties to this agreement shall each maintain books, records,documents and other information which sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the services described herein.These records shall be kept in accordance with the provisions contained on the Secretary of State archives website,for records retention, hereby incorporated by reference, and any updates thereto. These records shall be subject to inspection, review or audit by personnel of both parties, other personnel duly authorized by either party,the Office of the State Auditor,federal officials so authorized by law, and as provided by the state Public Records Act, RCW 42.56. All books, records,documents, and other material relevant to this agreement will be retained for six years after expiration 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. XIII. SEVERABILITY If any provision of this agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this agreement,which can be given effect without the invalid provision if such remainder conforms to the requirements of applicable law and the fundamental purpose of this agreement, and to this end the provisions of this agreement are declared to be severable. XIV. 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 a writing signed by an authorized representative of the party and attached to the original agreement. VSP 2019-21 Biennium Contract Between the WSCC and County-Page 12 of 20 XV. ACCESSIBILITY REQUIREMENTS COUNTY will remain current with Federal and Washington State accessibility standards and comply with OGO Po/icy 188—Accessibility located at https://ocio.wa.ciov/po I icyZaccessi bi I iiy. VSP 2019-21 Biennium Contract Between the WSCC and County-Page 13 of 20 2019-21 Biennium Voluntary Stewardship Program COMMISSION and COUNTY Agreement APPENDIX B—SCOPE OF WORK The scope of the work to be performed by the COUNTY, or its contractors, under this agreement is the following: 1) Organize, convene, and maintain a watershed group. This includes providing necessary staff support and facilitation for the watershed group. Assist the watershed group in the implementation of the approved VSP work plan, including A. Working closely with the watershed group and technical service providers to ensure full compliance with the requirements and intent of VSP. B. Ensure that every effort is made to maintain effective communication between the watershed group, the technical service providers, the COUNTY, local stakeholders, and participating state and federal agencies and personnel. C. The COUNTY will organize members of a VSP watershed group with representatives from a variety of stakeholder groups including but not limited to tribes, environmental groups, and agriculture. Organization of a vetted core watershed group comprised of a broad representation of key watershed stakeholders and, at a minimum, representatives of agricultural and environmental groups and tribes that agree to participate. The COUNTY will encourage existing lead entities, watershed planning units, or other integrating organizations to serve as the watershed group. D. The COUNTY will develop and/or maintain watershed group meeting bylaws, rules, and/or policies. E. The COUNTY will provide facilitation for watershed group meetings or other actions of the watershed group. 2) Implement the VSP work plan, including implementing the requirements of the VSP and RCW Chapter 36.70A.700-760. Implementation includes: A. Identifying critical areas and agricultural activities within those critical areas. B. Identifying a public outreach plan to contact landowners. C. Identifying and designating entity(ies)to provide landowner assistance(voluntary stewardship plans). VSP 2019-21 Biennium Contract Between the WSCC and County-Page 14 of 20 D. Identifying measurable programmatic and implementation goals and benchmarks. E. Reviewing and incorporating applicable water quality, watershed management, farmland protection, and required species recovery data and plans. F. Seeking input from tribes, agencies and stakeholders. G. Developing goals for participation by agricultural operators conducting commercial and noncommercial agricultural activities in the watershed necessary to meet the protection and enhancement benchmarks of the work plan. H. Ensuring outreach and technical assistance is provided to producers and operators in the various watersheds of the county. I. Creating measurable benchmarks that, within ten years after receipt of funding, are designed to result in (i) the protection of critical areas functions and values and (ii)the enhancement of critical areas functions and values through voluntary, incentive based measures. J. Incorporating into the work plan any existing development regulations relied upon to achieve the goals and benchmarks for protection of critical areas. K. Establishing baseline monitoring for (i) participation and implementation of voluntary stewardship plans and projects, (ii) stewardship activities, and (iii) the effects on critical areas and agriculture relevant to protection and enhancement benchmarks. L. Developing timelines for periodic evaluations, adaptive management, and provide written reports of plan status and/or accomplishments to the COMMISSION. M. Coordinating monitoring programs with other state agency activities. N. Meeting any other requirement for the successful implementation of VSP in RCW 36.70A.720. Deliverables: 1) Organize, convene and maintain a watershed group that meets regularly and as necessary for implementation of the county VSP work plan. 2) Implement the VSP work plan, including implementing the requirements of the VSP and RCW Chapter 36.70A.700-760. VSP 2019-21 Biennium Contract Between the WSCC and County-Page 15 of 20 A. Two year reports. No later than August 30, 2019, provide the first written biennial report to the COMMISSION. The biennial report must provide the status of plans and accomplishments of the work plan to COMMISSION. The biennial report should include a summary of how plan implementation is affecting each of the following: 1) The protection and enhancement of critical areas within the area where agricultural activities are conducted; 2) The maintenance and improvement of the long-term viability of agriculture; 3) Reducing the conversion of farmland to other uses; 4) The maximization of the use of voluntary incentive programs to encourage good riparian and ecosystem stewardship as an alternative to historic approaches used to protect critical areas; 5) The leveraging of existing resources by relying upon existing work and plans in counties and local watersheds, as well as existing state and federal programs to the maximum extent practicable to achieve program goals; 6) Ongoing efforts to encourage and foster a spirit of cooperation and partnership among county, tribal, environmental, and agricultural interests to better assure the program success; 7) Ongoing efforts to improve compliance with other laws designed to protect water quality and fish habitat; and 8) A description of efforts showing how relying upon voluntary stewardship practices as the primary method of protecting critical areas and does not require the cessation of agricultural activities. B. Five year reports. No later than 11.24.20, and in conjunction with the county watershed group, facilitate, develop, assist and submit the five year status report to the director of the COMMISSION. See RCW 36.70A.720 (2) (b) (i) and (c) (i). At five year intervals from the date of receipt of funding, each county watershed group must submit a report to the director of the Commission and the COUNTY on whether it has met the work plan's protection and enhancement goals and benchmarks. The five year status report should include a summary of how plan implementation is satisfying the flowing plan elements through VSP implementation: 1) Develop goals for participation by agricultural operators conducting commercial and noncommercial agricultural activities in the watershed VSP 2019-21 Biennium Contract Between the WSCC and County- Page 16 of 20 necessary to meet the protection and enhancement benchmarks of the work plan; 2) Ensure outreach and technical assistance is provided to agricultural operators in the watershed; 3) Create measurable benchmarks that, within ten years after the receipt of funding,are designed to result in (i) the protection of critical area functions and values and (ii) the enhancement of critical area functions and values through voluntary, incentive-based measures; 4) Work with the entity providing technical assistance to ensure that individual stewardship plans contribute to the goals and benchmarks of the work plan; 5) Incorporate into the work plan any existing development regulations relied upon to achieve the goals and benchmarks for protection; 6) Establish baseline monitoring for: (i) Participation activities and implementation of the voluntary stewardship plans and projects; (ii) stewardship activities; and (iii) the effects on critical areas and agriculture relevant to the protection and enhancement benchmarks developed for the watershed; 7) Conduct periodic evaluations, institute adaptive management, and provide a written report of the status of plans and accomplishments to the county and to the commission within sixty days after the end of each biennium; 8) Assist state agencies in their monitoring programs; and 9) Satisfy any other reporting requirements of the program. 10)VSP cost-share projects that are funded using any amount of COMMISSION VSP funds shall be reported in the five year report. C. Provide a timely quarterly status report to the VSP Program Manager in a form and manner prescribed by the COMMISSION, and deemed reasonable by COUNTY staff. Reports are to be submitted online to the COMMISSION. Quarterly reports are here: https•//www.formstack.com/forms/?2221155- U3eHg4N8zh. VSP 2019-21 Biennium Contract Between the WSCC and County-Page 17 of 20 D. Quarterly reports are due quarterly for this Agreement: July 2019—June 2020: Period of July 1 —September 30, 2019 — Due October 10, 2019 Period of October 1 — December 31, 2019— Due January 10, 2020 Period of January 1 —March 31, 2020— Due April 10, 2020 Period of April 1 —June 30, 2020— Due July 10, 2020 July 2020 -June 2021: Period of July 1 —September 30, 2020— Due October 10, 2020 Period of October 1 — December 31, 2020— Due January 10, 2021 Period of January 1 —March 31, 2021 — Due April 10, 2021 Period of April 1 —June 30, 2021 — Due July 10, 2021 E. Ensure that the COMMISSION has the most recent version of the COUNTY's VSP work plan by providing to the COMMISSION's Project Officer, identified herein in APPENDIX D— RESPONSIBLE INDIVIDUALS, the most current version of the COUNTY's VSP work plan, which includes all attachments and/or appendices. This can be accomplished by sending the COMMISSION an electronic link which the COMMISSION can use to download the plan. F. Provide to the COMMISSION's VSP Contract Manager, no later than March 1, 2021, an estimate of the final anticipated costs associated with the completion of this agreement through June 30, 2021. G. Provide to the COMMISSION's VSP Contract Manager, no later than 120 days from the date this agreement is signed by the COUNTY, an implementation budget designed to ensure all requirements related to VSP implementation are accounted for during the performance of this agreement, and to ensure that the two year and five year reporting requirements will be met. VSP 2019-21 Biennium Contract Between the WSCC and County- Page 18 of 20 2019-21 Biennium Voluntary Stewardship Program COMMISSION and COUNTY Agreement APPENDIX C- BILLING PROCEDURE The COUNTY shall submit monthly invoices in the form and manner identified by the COMMISSION to the Commission's VSP Contract Manager: Karla Heinitz VSP Contract Manager Washington State Conservation Commission P.O. Box 47721 Olympia,WA 98504 Send invoices to: sccgrants@sccgrants.wa.gov For billing questions, contact: kheinitz@scc.wa.gov; phone: 360-407-6212 Invoices for payment shall be submitted monthly. An invoice shall be submitted regardless of whether work has been performed on the project, this is considered a "No Activity' Invoice. Quarterly billings are not allowed and will not be accepted. A time summary for staff costs, including compensation or billing rates, shall be attached. Individual time records will be kept available at the COUNTY for review,in accordance with the Secretary of State's document retention schedule of the Secretary of State archives. A copy of any contractor invoices, or other receipts will be attached to the billing. Payment to the COUNTY for approved and completed work will be made by account transfer by the COMMISSION monthly upon receipt of the invoice for reimbursement. A Statewide Vendor Number for payments needs to be sent to the VSP Contract Manager before the first reimbursement request to assure payments are deposited to the correct account. If payment is to be made directly to a lead entity(i.e.conservation district)the COMMISSION needs to be notified of the entity's Statewide Vendor Number for payments. If a county chooses to delegate tasks to a lead entity for VSP,a copy of the sub-contract must be sent to the Commission's VSP Contract Manager as stated in Section 4.0 Assignment. Payment will be made to the person identified at the COUNTY in APPENDIX D — RESPONSIBLE INDIVIDUALS unless the COUNTY shall identify and provide contact information to the COMMISSION to the person listed in APPENDIX C - BILLING PROCEDURE herein. Final Request for Payment: The COUNTY must submit final requests for compensation during the current fiscal year no later than July 1011 after the end of the current fiscal year. Failure to comply with this timeline may result in denial of any such claim. VSP 2019-21 Biennium Contract Between the WSCC and County-Page 19 of 20 2019-21 Biennium Voluntary Stewardship Program COMMISSION and COUNTY Agreement APPENDIX D-RESPONSIBLE INDIVIDUALS The Project Officer for the COMMISSION is: Ron Shultz Policy Director Washington State Conservation Commission P.O. Box 47721 Olympia, Washington 98504 (360) 407-7507 rshultz@scc.wa.gov The responsible individual for the COUNTY is: NAME: TITLE: AGENCY: MAIL ADDRESS: CITY, STATE, ZIP: PHONE: EMAIL: The COUNTY Billing Contact (if different than the responsible individual for the COUNTY above): NAME: TITLE: AGENCY: MAIL ADDRESS: CITY, STATE, ZIP: PHONE: EMAIL: VSP 2019-21 Biennium Contract Between the WSCC and County- Page 20 of 20 906 Columbia Street SW,Suite 400 K*3 Olympia,WA 98501 360.352.8883 architects www.KMB-architects.com Proposal Memorandum Date: May 23,2019 To: Frank Pinter Support Services Director Mason County 411 North 5"h Street, Shelton,WA 98584 fpinter(.co.mason.wa.us Mark Cox Utilities&Facilities Director Grays Harbor County 211 West Spruce, Montesano,WA 98563 FSD(cDco.4 rays-harbor.wa.us From: Bill Valdez, PE,Partner Project: GRAYS HARBOR&MASON COUNTY—CRIMINAL JUSTICE STUDY Subject: Fee Proposal—Professional Services KMB Job.No.: TBD Copied to: Joe Doherty, KMB Business Manager,file Frank&Mark— KMB architects respectfully submits a proposal for architectural and engineering(A/E)services for the Mason County& Grays Harbor County Criminal Justice Study project. This Professional Services proposal encompasses demographic and criminal justice systems analysis,space needs assessment, programming, concept design,cost analysis,project schedule development, and evaluation of funding mechanisms for a combined Regional Jail facility for Mason and Grays Harbor Counties. This proposal addresses the needs defined in the Request for Qualifications and those identified in discussions between KMB architects, Mason and Grays Harbor Counties on April 29, 2019. Project Understanding Mason and Grays Harbor Counties currently occupy aging Jail facilities that do not meet the operational and functional needs of the communities. Grays Harbor County has a population of approximately 73,000 and a functioning jail capacity of approximately 135 beds. Mason County has a population of approximately 64,000 and a functioning jail capacity of approximately 110 beds.The two counties have an Average Daily Population of approximately 280 inmates,which well exceeds the capacity of the two Jail facilities. Mason and Grays Harbor Counties have requested an analysis of both Counties criminal justice systems to prepare a space needs report with options for individual upgrades/replacement to their individual facilities or the construction of a new regional jail facility located on the boarder of the two Counties. Based on discussions with Mason County and Grays Harbor Counties, options considered by the report are proposed to include the following: I i GRAYS HARBOR&MASON COUNTY—CRIMINAL JUSTICE STUDY May 23,2019 page 2 1. Regional Grays Harbor&Mason County Jail Facility(Most likely located at an undeveloped site located near McCleary, WA) 2. Stand Alone Mason County Jail Expansion to include local tribal participation(Most likely located adjacent to the existing Jail in Shelton, WA) 3. Stand Alone Grays Harbor County Jail Facility(Most likely located at an undeveloped site located near Montesano,WA) The analysis and study is proposed to include the following elements: 1. Analysis of County demographic and criminal justice system use data regarding growth,changing populations in the criminal justice system,average daily population in the Jails and Superior and District Court caseloads,calls for service,and the like,for the purposes of determining the space needs of current services and the potential for expansion of those services. 2. Analysis of County needs for Alternative Sentencing, Pre-Trial Services, End of Sentence Programs and Transitional Reentry programs that could be housed within a jail facility. 3. Space:Needs and Architectural/Site Program,with estimated square footages, based on the application of the data analysis in item 1. above,and on programming discussions with county staff and project leadership,for the following options: a. Regional Grays Harbor&Mason County Jail Facility b. Stand Alone Mason County Jail Expansion c. ;Stand Alone Grays Harbor County Jail Facility 4. Costs comparisons for each County to pursue individual rep lacement/expansions vs.a regional facility,including projected cost increases due to inflation,direct and indirect costs, and other cost information as needed allow each County to make an educated recommendation on County's approach to the future of their Jail facilities.The anticipated Project Budget including the Maximum Allowable Construction Cost(MACC),of each of the options is not yet known. 5. The study shall include an overall project development timeline including recommended phases,scope,and phase sequencing for both the individual projects and the regional facility option. 6. Consulting and recommendations regarding potential funding mechanisms for the accomplishment of the proposed projects to include partnerships with regional or local tribes.Assume 2 Meetings on Site with both Counties. 7. Recommendation to the Counties regarding: a. the.development a joint venture regional jail facility including concept design,site evaluation and site test fit solutions. b. the governance and management of a joint venture regional jail facility Proposed Scope of Services—Phase 1 KMB architects'proposes to provide design services for criminal justice systems analysis, programming and needs analysis. The following summarizes the proposed project team: A. Architects—KMB architects, Bill Valdez, PE, Partner; Mark Beardemphl,AIA, Partner B. Justice Systems Expert—Chinn Planning, Karen Chinn C. Civil Engineering—KPFF, Marty Chase, PE, Principal D. Cost Modeling—JMB Consulting Group,Jon Bayles, Principal E. Alternative Funding Expert—PFIC,Jeff Tamkin; Kyle Hines GRAYS HARBOR&MASON COUNTY—CRIMINAL JUSTICE STUDY May 23, 2019 page 3 Basic Services A. Architectural fee $100,680 (Refer to attached KMB architects task-based tables for fee distribution by Phase) B. Justice Systems Expert $95,310 (Refer to attached proposal from Chinn Planning) C. Civil Engineering&Site Planning $30,000 (Refer to attached proposal from KPFF) D. Cost Modeling $22,000 (Refer to attached proposal from JMB Consulting Group) E. Alternative Finance Consulting $ 7,500 (Refer to attached proposal from PFIC) F. Consultant Services 10%Mark-up $15,480 Subtotal Basic Services $270,970 G. KMB architects team Direct Expenses Costs a. Printing Costs $500 b. Per Diem $1000 c. Travel/Mileage $8000 d. Miscellaneous Direct Costs $500 Direct Expenses Reimbursable Budget $10,000 Additional Services—Mason County 8. Recommendation to Mason County regarding: a. the best approach for the improvement of or re-purposing to existing facilities Additional Services A. Architectural fee (60 Hours x$150/HR) $ 9,000 Subtotal Additional Services—Mason County $ 9,000 Total Services Fee for Mason County and Grays Harbor Counties $289,970 The following is the division of professional services for each County: Total Services by County: Mason County Basic Services+Expenses $140,485 Additional Services $ 9,000 Mason County Total $149,485 Grays Harbor County Basic Services+Expenses $140,485 Additional Services $ 0 Grays Harbor County Total $140,485 I 1 GRAYS HARBOR&MASON COUNTY—CRIMINAL JUSTICE STUDY May 23, 2019 page 4 Draft Schedule The following is the anticipated schedule dates: (Client meeting will typically occur on Wednesday's with additional overflow meetings occurring on Thursday with Stakeholders and Sheriff's staff.) • Kick Off Meeting—June 26,2019 • Criminal Justice System Project Advisory Committees Meetings—July 10&11,2019 • Interviews with Criminal Justice System Officials Meetings-July 24&25,2019 • Future Inmate Population and Justice System Requirements&Inmate Forecast—August 14&15,2019 • Programming Meeting#1 with Stakeholders—August 28&29,2019 • Programming Meeting#2&Concept Design Meeting#1 with Stakeholders—September 18&19,2019 • Concept Design Meeting#2 with Stakeholders—October 9&10,2019 • Concept Design#3&Preliminary Cost&Schedule Meeting with Stakeholders—October 30,2019 • Cost Model Options—November 13,2019 • Funding Option Meeting#1 —December 4,2019 • Funding Option Meeting#2—December 18,2019 • Draft Report—January 8,2020 • Final Document Submittal—January 30,2020 Please do not hesitate to call me to discuss or if you have any questions regarding this Professional Services proposal. We're looking forward to work with you and your team on this important project for the citizens of the Mason and Grays Harbor Counties. Sincerely, KMMB architects 1a+�1'1� Bill Valdez, Partner Attachments: Chinn Planning Proposal KPFF Proposal JMB Consulting Proposal KMB architects Task Spreadsheet Work Plan-Architectural May 24,2019 Task Task Description Schedule Subtotals Total Staffing Resources(see legend below) ID Hours PIC I SA I PM I CA I APM I CAD I PA $ 200.001 $ 150.001 $ 135.001$ 135.001$ 110.001 $ 95.001$ 90.00 0.00 Programming/Predesign Design Phase 0.01 Project ManagementlAdministration $ 5,760 42 18 24 0.02 Disciplines Interaction $ 4,160 26 10 16 0.03 1 Document Checking $ 3,220 20 8 12 0.04 1 Permitting Authority consulting&coordination $ 3,640 26 2 24 0.05 User Agency Data Collection $ 2,160 16 16 0.05 User Agency Meetings(12 Days of Workshops) $ 24,600 136 96 40 0.06 Facility Tours $ 4,020 24 12 12 0.07 Architectural Design $ 18,720 120 48 48 24 0.08 Planning/Masterplanning $ 16,800 112 32 64 16 0.09 Programming $ 12,000 60 60 0.10 Cost Modeling Coordination $ 2,400 12 12 0.11 Schedule&Delivery Alternatives $ 31200 16 16 $ 0 Programming/Predesign Design Phase $ 100,680 1 610 1 314 0 232 0 40 0 24 Proposed Budget Criminal Justice System Needs Assessment and Forecast Grays Harbor and Mason County,WA Project Manager Senior Planner Production/ TASKS K.L.Chinn Administration Total $200 per hr. $125 per hour $55 per hour Hours Fees Hours Fees Hours Fees Hours Fees 1 Meet with Criminal Justice System Project 40 $8,000 0 $0 8 $440 48 $8,440 Advisory Committees(2) Collect and Analyze Criminal Justice 2 System Trend Data,Operational 60 $12,000 30 $3,750 32 $1,760 122 $17,510 Information,Inmate Profile Data,and Alternatives/Programs and Services(2) 3 Conduct Interviews with Criminal Justice 40 $8,000 40 $5,000 24 $1,320 104 $14,320 System Officials(2) 4 Compare State and National Trends and 32 $6,400 24 $3,000 16 $880 72 $10,280 Programs 5 Project Future Inmate Population and 48 $9,600 24 $3,000 24 $1,320 96 $13,920 Justice System Requirements(2) 6 Disaggrate Inmate Forecast by Custody 24 $4,800 24 $3,000 16 $880 64 $8,680 Level(2) Prepare and Evaluate Options to Meet 7 Future System Requirements(3)Stand 32 $6,400 24 $3,000 0 $0 56 $9,400 Alone or Regional Facility Prepare and Present Needs Assessment 8 Report(3)Each County and Regional 40 $8,000 24 $3,000 32 $1,760 96 $12,760 Option TOTAL(HOURS/FEES) 316 $63,200 190 $23,750 152 $8,360 658 $95,310 REIMBURSABLE EXPENSES TYPE OF EXPENSE TOTAL Air Fare(6-8 Person Trips) 4,480 Lodging(16 nights) 1,920 Car Rental(16 days) 896 Per Diem(20 days) 770 Graphics&Reproduction 100 Miscellaneous Expense 100 SUBTOTAL REIMBURSABLE EXPENSE 8,266 GRAND TOTAL PROJECT COST(includes Reimbursables) 103,576 PFIC 5/15/2019 • Upon completion of the programming and planning phase,the County will have a clear understanding the space, facility requirements and development plan for the project. • The PFIC proposal for Needs Assessment and funding consulting. PFIC Alternative Financing consulting services to Grays Harbor and Mason Counties will be for the following scope in your proposal: 1. PFIC will attend one(1)funding mechanism kick off meeting in Montesano and/or Shelton 2. PFIC will monitor the estimated project budget and update resultant lease payments the County/Counties should expect to pay based on the estimated construction cost.PFIC will provide funding options/alternatives that will allow the County to match the needs with its required budget. 3. PFIC will attend one(1)funding mechanism meeting upon completion of the programming and planning phase completed by the KMB architects team,the County will have a clear understanding the space,facility requirements and development&funding plans for the three(3) projects: a. Regional Grays Harbor&Mason County Jail Facility(Most likely located in a greenfield site in McCleary,WA) b. Stand Alone Mason County Jail Expansion to include local tribal participation(Most likely located adjacent to the existing Jail in Shelton,WA) c. Stand Alone Grays Harbor County Jail Facility(Most likely located in a greenfield site in Montesano,WA) • These Alternative Funding Consulting Services for($7,500.00)which will cover all expenses including the two on site meetings indicated above. JMB CONSULTING GROUP LLC CONSTRUCTION CONSULTANTS May 15,2019 Bill Valdez KMB ARCHITECTS 906 Columbia Street SW,Suite 400 Olympia,Washington 98501 +1 (360)352-8883 GRAYS HARBOR+MASON COUNTY,WASHINGTON REQUEST FOR CRIMINAL JUSTICE STUDY BASIC SERVICES GRAYS HARBOR/MASON CTY,WASHINGTON RO Dear Bill: Thank you for inviting us to submit an offer for construction cost consulting services on this project. We understand that the general scope of the project shall be the planning and for the development and construction for the various justice programs for Grays Harbor and Mason County,WA. The scope includes renovation and new construction of for housing,administration,facilities and support spaces. SCOPE OF SERVICES For this project we propose the following basic service work items: WORK ITEM#1 1 Cost Estimating 1.1 Prepare a single opinion of probable construction cost for three preliminary concepts. Opinions shall be based on preliminary massing diagrams and program. Costs shall be presented on a $/sf at the Uniformat Summary level. 1.2 Prepare an update to Item 1.1 above. 1.3 Prepare a single final opinion of probable construction cost for the Final scheme that incorporates the preferred scheme and Owner comments. 1.3.1 A summary will be provided for each concept that coordinates the soft costs to demonstrate total project cost. 1.3.2 Cost opinions shall be presented in the Uniformat II format. 1.4 One meeting in Olympia,WA or Shelton,WA and no site visits are included for this work item. It is assumed any meeting or conferencing shall take place via telephone and/or internet-based solutions. 1.5 Assist IIB in the development of phasing options. Page 1 of 3 4320 29'h Avenue W+Seattle,Washington 98199+Tek 206.708.7280 JMB CONSULTING GROUP LLC CONSTRUCTION CONSULTANTS SUMMARY OF FEES Cost Estimating Schedule Task Start Finish Programming/Pre-design Phase $ 22,000 Oct-19 Jan-20 Schematic Design Phase Excluded Design Development Phase Excluded Construction Document Phase Excluded Bidding Assistance Excluded Construction Administration Excluded Reimbursable expense allowance Included TOTAL-FIXED FEE Plus Expenses $ 22,000 Oct-19 Jan-20 QUALIFICATIONS JMB Consulting Group maintains the following insurance coverage. Additional insurance requirements can be provided at additional cost. General Liability and Hired/Non-Owned Auto: $1,000,000 per claim;$2,000,000 aggregate Professional Liability: $1,000,000 per claim;$2,000,000 aggregate The fees are valid for ninety days from the date of this proposal. Should our understanding of the scope or any of the above tasks be deleted from our scope of services,we reserve the right to adjust the above fees,to reflect possible resultant changes to the scope of the remaining service. The fee assumes that drawings, specifications and reports required for the performance of our work will be provided both in hard copy and electronically(drawings shall be in a standardized scalable pdf format),at no cost to JMB Consulting Group LLC.This offer assumes our deliverables shall be provided electronically and that no printed copies are required. Reimbursable expenses,including printing,reprographics charges,travel beyond a 100-mile round trip of this office and interstate-shipping charges will be charged at cost,no multiplier. ADDITIONAL SERVICES Except as noted above,all other services,including additional estimates,cash flow models,development or coordination of project costs,revisions to completed estimates,use of different estimating formats,additional • meeting attendance,value engineering,life cycle costing,reconciliation with cost estimates prepared by other parties beyond that specifically included above,or bidding and construction phase services shall be additional services. Unless otherwise agreed prior to the work being carried out,our fees for any additional services will be based on time expended at our normal billing rates prevailing at the time the work is carried out. Valid through calendar year 2019,these hourly rates are: Principals $190.00 Page 2 of 3 4320 291"Avenue W+Seattle,Washington 98199+Tek• 206.708.7280 JMB CONSULTING GROUP LLC CONSTRUCTION CONSULTANTS Associates $155.00 We look forward to the opportunity of assisting you on this particular project. If you have any questions regarding these fees,or the scope of our services,please do not hesitate to contact us. Sincerely, Jon Bayles,Principal JMB CONSULTING GROUP LLC Confirmation of Agreement: This letter correctly sets out the scope and fees for services to be provided by JMB Consulting Group LLC for this project. Fde:FP Grp Hrbr+Tisn Cry CJS RO Page 3 of 3 4320 29-Avenue W+Seatde,Washington 98199+Tel 206.708.7280 1601 Fifth Avenue,Suite 1600 Seattle,WA 98101 206.622.5822 kpff.com AGREEMENT FOR PROFESSIONAL SERVICES lqjff DATE: May 20, 2019 CLIENT. Bill Valdez, PE KMB Architects PROJECT NAME: Grays Harbor and Mason County-Criminal Justice Study PROJECT DESCRIPTION Grays Harbor and Mason Counties have jointly hired KMB Architects to study the development of a new jail facility. The study will examine three separate development options: • Regional Grays Harbor& Mason County Jail Facility (Most likely located in a greenfield site in McCleary, WA) • Stand Alone Mason County Jail Expansion to include local tribal participation (Most likely located adjacent to the existing Jail in Shelton, WA) • Stand Alone Grays Harbor County Jail Facility (Most likely located in a greenfield site in Montesano, WA) SCOPE OF SERVICES Provide a pre-design civil narrative and site sketch of concept civil systems for the three options above. Civil site systems that we will review include: • Earthwork • Drainage • Water and Sewer Utilities • Street and access improvements We will participate in 3 Meetings in Montesano and/or Shelton. Meetings with team will be in Seattle or via conference call/computer venue. SPECIAL CONDITIONS • Project to kick off in mid to late June and complete by February 2020 for all 3 scenarios. • Cost estimating will be performed by JMB. • Septic design is excluded. We assume that a public sanitary sewer is available. • Site visits are not required as we will use Google Maps and GIS data to evaluate the site. KPFF. Inc.shall perform this work in conformance with the Terms and Conditions attached to and made a part of this contract, as shown on Page 3 of 3. Revised: February 6,2017 Page 1 of 3 lqyff FEE $30,000 Lump Sum Fees + $150 Reimbursable Travel Budget (no mark-ups) Offered By (KPFF, Inc.) Accepted by (KMB Architects) (Signature) (Signature) Martin F. Chase/Principal (Print Name/Title) (Print Name/Title) Page 2 of 3 NOTE: KPFF, Inc.shall perform this work in conformance with the Terms and Conditions attached to and made a part of this contract,as shown on Page 3 of 3 TERMS AND CONDITIONS 1q:yff KPFF, Inc. ("KPFF")shall perform the services outlined in this agreement pursuant to the stated fee arrangement. 1.Additional Services Should the Scope of Services change from those set forth in the Agreement for Professional Services, the fee for such additional services will be negotiated between Client and KPFF. 2.Limitation of Liability To the greatest extent allowed by law, the aggregate liability of KPFF for any and all injuries, claims, demands, losses, expenses or damages, of whatever kind, arising out of or in any way related to this Agreement or the services provided by KPFF on this project, shall be limited to $50,000 or the total fee received by KPFF pursuant to this Agreement, whichever is greater. Further, no officer, director, shareholder or employee of KPFF shall bear any personal liability to Client for any and all injuries, claims,demands, losses,expenses or damages, of whatever kind or character,arising out of or in any way related to this Agreement or the services provided by KPFF on this project. 3.Mediation All disputes between Client and KPFF arising out of or relating to this Agreement shall be submitted to nonbinding mediation prior to commencement of any other judicial proceeding. 4. Dispute Handling KPFF shall make no claim against Client without first providing Client with a written notice of damages and providing Client thirty (30)days to cure before an action is commenced. The Client shall make no claim either directly or in a third party claim, against KPFF unless the Client has first provided KPFF with a written certification executed by an independent professional currently practicing in the same discipline as KPFF and licensed in the state of the subject project. This certification shall a) contain the name and license number of the certifier; b)specify each and every act or omission that the certifier contends is a violation of the standard of care expected of a professional performing professional services under similar circumstances; and c)state in complete detail the basis for the certifier's opinion that each such act or omission constitutes such a violation. This certificate shall be provided to KPFF not less than thirty(30)calendar days prior to the presentation of any claim or the institution of any judicial proceeding. 5.Suspension of Services If Client fails to make payments to KPFF in accordance with this Agreement, such failure shall provide KPFF the option to suspend performance of services under this Agreement upon seven (7)days written notice to Client. In the event of a suspension of services, KPFF shall have no liability for any delays or damages caused because of such suspension. Before resuming services, KPFF shall be paid all sums due prior to suspension and any expenses incurred by KPFF in the interruption and resumption of its services. KPFF's fees for the remaining services and time schedules shall be equitably adjusted. If any invoice is in dispute, Client shall pay under written protest to keep the project on schedule and resolve the payment dispute after substantial completion. 6.Termination This Agreement may be terminated by either party with seven (7) days written notice to the other in the event of a substantial failure of performance by the other party through no fault of the terminating party. If this Agreement is terminated, KPFF shall be paid for services performed to the termination notice date, including reimbursable expenses due. 7.Ownership of Documents The drawings, calculations and specifications are instruments of service and are, and shall remain, the property of KPFF, whether the project for which they are made is executed or not. They are not to be used on other projects or extensions to this project except by agreement in writing. 8.Contract Administration It is understood that KPFF will not provide design and construction review services relating to safety measures of any contractor or subcontractor on the project. Further, it is understood that KPFF will not provide any supervisory services relating to the construction for the project. Any opinions solicited from KPFF relating to any such review or supervisory services shall be considered only as general information and shall not be the basis for any claim against KPFF. 9.No Third Party Beneficiary Nothing in this Agreement shall create a contractual relationship with or a cause of action in favor of any third party against KPFF or Client. 10.No Assignments Neither party to this Agreement shall transfer, sublet or assign any rights under or interest in this Agreement (including but not limited to monies that are due or monies that may be due)without the prior written consent of the other party. 11.Payments KPFF will submit monthly invoices. Payment is due on the date of the invoice and becomes delinquent one month thereafter. A late charge will be added to delinquent amounts at the rate of one-and-one-half percent (1 '/ %) for each one month of delinquency(or the maximum allowable by law,whichever is lower). NOTE: These Terms and Conditions are only valid if accompanied by KPFF's Agreement for Professional Services (along with any Attachments which may be referenced in the Agreement for Professional Services)shown on 1 of 3. Revised: November 11,2013 Page 3 of 3 Grays Hartor&.tilason County Criminal lurtice S[u_y May June I July I August I September October November December January February Wl W2 W3 W4 Wi W2 W3 W4 W3 W2 W3 W4 Wl W2 W3 W4 WS W2 W3 W4 Wl W2 W3 W4 Wl W2 W3 W4 W1 W2 W3 W4 W3 W2 W3 W4 W1 W2 W3 W4 Contract Award&Approval Data Gathering Meetings A D E System Assessment&Demographics Population Forecasting Alternatives&Programs Analysis Programming&Space Needs Concepts and Options Mason County stand Alone Jail Grays Harbor County Stand Alone lag Regionallail Schedule&Delivery Altematives Cost Modeling of Options Funding Options Draft Report Final Report Final Completion AREQUIRED DECISION POINT ON POPULATION PROJECTIONS AND GROWTH DEMOGRAPHICS a REQUIRED DECISION POINT ONIAIL OPERATION MODEL C REQUIRED DECISION ON SITE(S)TO BE INVESTIGATED&PLANNING ORIZONS(S,1D,15,20 YEAR) D E REQUIRED DECISION ON PREFERED PLANNING SOLUTION F G REQUIRED DECISION ON FUNDING AMOUNT H REQUIRED DECISION ON FUNDING MODEL MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Frank Pinter/Melissa Drewry DEPARTMENT: Support Services EXT: 589 BRIEFING DATE: May 6, 2019 PREVIOUS BRIEFING DATES: (If this is a follow-up briefing, please provide only new information) ITEM: Two offers to purchase have been made on the following parcel: 32232-52- 08021. This is a vacant parcel located off E. Port Townsend Street in Union. EXECUTIVE SUMMARY(If applicable, please include available options and potential solutions): Declared Surplus Resolution #71-14 2019 Assessed Value: $38,435 Current offers: Jones-$15,000 McNeif$15,250 Contingencies: 22D (Optional Clauses), 22EF(Funds Evidence), 22T (Title Contingency), 34 (General), 35F (Feasibility) OPTIONS: Accept one offer and set public hearing in order to sell property Counter one offer Refuse one or both offers ATTACHMENTS: Detail Report 2 Purchase and Sale Agreements Resolution 71-14 Briefing Summary 5/31/2019 Four,25 ©Copyright 2017 Vacant Land Pureness&Sale Northwest Multiple Listing Service Rev.2t17 VACANT LAND PURCHASE AND SALE AGREEMENT ALL RIGHTS RESERVED Page 1 of 5 r� S/PECIFICC�TERMS 1. Date: 05119 I1 9:...!.. ...:_ MILS No.; } .�t.....4#.:.J . .9 7 7 Offer Expiration Date: _ . g"'1q __a,. } �} 2, Buyer: tct, aA et_ l? 514 e Bel ._ , ' imps 3. Seller: ..L%j1 te,„ 5,/r'4 sear 4. Property:Legal Description attached as Exhibit A. Tax Parcel No(s).: , , 3:415,2 08141, _ .. x E Pert Tour-7( 't` Ur)/oil svtl 1„ i .' S9 0 o2. rr Zr Ct 5, Purchase Price:$ l 51 -, . _. Dollars ao 6, Earnest Money:$ 7 4 �Check; U Nate;U Other (held by,C$eiling Firm, G3 Closing Agent) 7. Default:(check only one)XFor,tureof <eat Money U Seller's Election of RemediesS, Title insurance Company: j Iy 0 e44 Tvt if 13p " '0 toottoty 9. Closing Agent rin tote'. s Tr° ' +~ #o: !. fr L. s Crn,,,, lam. ,0 4 :.3 10, Closing Date 1 b/?Y/#9 ; Possession Date:Won Closing U Other 11. Services of Closing Agent for Payment of Utilities:U Requested(attach NWMLS Form 22K);)irtNeived 12. CharpeslAssessments Levied Before but Dued inter Closing:U assumed by Buyer;"{;repaid ire full by Salter at Cluing 13. Seller Citizenship(FIRPTA): Seller U Is;'ai is not a foreign person for purposes of U.S.income taxation 14. Subdivision:The Property:3 must be subdivided before : s not required to be subdivided Contingency15. Feasibility Contingency Expiration Date:kr I,8. ciays after mutual acceptance;13 Other 16. Agency Disclosure: Selling Broker represents' (Buyer;U Seller,U both parties;C]neither party Listing Broker represents: Q%Setter; 0 both parties y�� �� ,, I , 17. Addenda; ._.Lj(� e r Wilt —f — fe( t fill_. i�-4...._ 'Ki_.__ld..L c 1 f3.S/i4 ... � S�Z9�1y Buyer,a >tetttri Date Seiler's SIgnetare Dale Bayer"s&t ra(um Oats Srilers Star t.rts Date+ 510 L H1 Ro4c cE/ A-p a.o seller s Address l3u _Q" r pltj W 7 'sa City,Siete, r,"" 7LJ loll CftY,State,Zip • Phone No. } Fix No. Phone No. Fax No, CO ryievicei et Buyer's E Address Seller`s E-mail Address S :mr S Croce Na Listing Finn MLS Office Nc� (o i /e► 1 Soling Broker pert) A MLS LAG No. Listing Broker(Print) MLS LAG No. '15 7)4 2"iJ a 'j Firm Phlte No. Broke/Phone Nc. 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'sae; pue 11J8t;0 1;usq lc t;nponpep ;sus 6 'Ault 1l •1sa3alu) •g-M WJJJo3 sal us salaldwoo Ja1n♦it 1841 pap)no.d awau s,uJJ!d bulllos u! 1unoOOe isru; 6u11eaq lsaia;u! 9 11e+slat)papodap eq Hints it 00.000'0;S Jane at pue tw1A EltileS A4 p)84 s1 Aauop;)mire]etn it Tale;smoao J9n84o14M L 'auuelttame pn;reu io;dlaoso p S Sep 6 lilt llrrt'Way 6u1son Aq Pia4 eq of i(auarg lca1.ue3,u{ie Ja'<!lap Ja'taJrd Dumas 9 l 4 0184 ast 04 1 4J Aug;leads'IHm Jti))tJJ8 ti 1lf� 'J!J)IO i.;BoleS 111 AStJuytl osou a ay;apa tstep wai3v Wiser) g of 31);emote 5uHtsS Imlay;Aug sAe4 Z u'4tlM Aauelnl Isa1Je3 ell) ianit94 II1-NS JaAng 'Jtauoyli;sawed q p luauEQ.16y sltll ul pa!lnads asf vuatgo;uapa au;01 ldaaxa-sbuluJea aJnlnt.to'luatuaJ!laJ'slue'rllladoJ3 E Jarlo;ta art:c 341'sU90)UJo i spun;Bllpnput*sptett to a?Jnes 113SutnU00 Atte uo but,A1aJ lou al pue tuatalorc1V s114)4)M e eauepJa0Oe lit ales s141 secs;:,o;spun;luaiown9 say JaAng 124 sluasalda4 JsAi;b 1uatuaguE Y s141 ul payloads a$wMJ7t110 ssa!un 'Butsnl3 le 4seo ul •Aauoy4 19au.1e3 alit Suipnpui 'spud aseuaind atn laps of fed pegs JaAng•e3ud a9egaJnd 's SNl?l31.1d113N30 y+ liOba C13n1-13;3119LH9i)1 llb 'N3113339V"VS 4N`:avniaund WW1 it4;3VA :t/Z-nau span aS tt 11151�atdlllnkv isaNtiuoN *.f.m x aseuaJnd Duel Iti2zen 1 ' Form 25 CC pyrlght 2017 Vacant Land Purchase&sate VACANT LAND PURCHASE AND SALE AGREEMENT rvorthwest Multiple Listing Service Rev.2117 ALL RIGHTS RESERVED Page 3 of 5 GENERAL TERMS Conlfnuea county reeording office is closed.Buyer shall be entltted to possession at 9:00 p.m. on the Possession Dale.Seiler shall 61 maintain the Property in its present condition, normal wear and tear excepted; until the Buyer is entitled to possession. 62 Buyer reserve-s the right to walk through the Property within 5 days of Closing to verify that Suer 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 7t 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. Seiler 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 tienable homeowner's association dues shall he 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 ere 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, Seiler. Buyer shall pay for remaining fuel In the fuel tank if, 79 prior to Closing, Seiier 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, Se0er 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 shalt provide the names and addresses of all utilities 81 providing service to the Property and having lien rights (attach NWMLS Form 22K Identification of Utilities or 84 equivalent). B5 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 86 as rtgreed in Specific Term No,12, 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 endlor Selling Broker, on request, any and all Information 93 and copies of documents concerning this sale 94 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 Seiler must be signed by at least one Bvyec and shalt 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-mall is sent to both Selling lag 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 a-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 or legal holiday as defined in RCW 1.16.050, the specified period of time shall expire on the next day that is not a 117 Saturday, Sunday of feral holiday. Any specified period of 5 days or less, except for any time period relating to the 118 Erryer's initials !'gate Buyer's Initielc Date Seller's initials Data Sellars initials Dale Form 25 5)Copyright 2017 Vacant Land Purchase&Sate Northwest irnuitiple Listirry Sevier Rev.2/17 VACANT LAND PURCHASE AND SALE AGREEMENT At RIGHTS RESERVED Page 4 t r GENERAL TERMS Continue Posseslon 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 hate, which, If it faits on a Saturday, 120 Sunday,legal holiday as defined in RCW 1.18.050,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 patties 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 data of delivery of an or.pted 124 offer or counteroffer to the offeror, rather than on the date the legal description hi 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 Seiler. The parties acknowledge that a signature in 129 electronic form has the same legal effect end 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 even: Buyer falls, 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 mays at Seller's option,(a)keep the Earnest Money as liquidated damages 138 es the sole and exclusive remedy available to Seller for such failure,(b) bring suit against Buyer for Seller's actual 130 damages, (c)bring suit to specifically enforce this Agreement and recover any incidental damages, or(d)pursue 140 any other rights or remedies available et 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 Seiler shall pay their own fees incurred for 143 such review. However,if Buyer or Seiler 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 Nithdra n.Acceptance shaft 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 160 Seller's name end Seller's warranty of citizenship status, shell 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 Data, if no expiration date is specified far an offericounteroffer, the 156 offerhcounterotfer shall expire 2 days after the offericounteroffer 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, tinting 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 182 affiliated with the same Finn,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.Ali 165 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 ere a party. The Listing Firm's commission shall be apportioned between Listing Firm and Selling Firm as 16g specified in the listing. Seller and Buyer hereby consent to Listing Firm or Selling Firm receiving compensation tram 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 cce emissiorfs) 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 e r-x 5124 Buyer'e lnitieia Date Buyer's initiate Date Seller's Initials Date Seller's Initials Date Form 25 ©Copyright 2017 Vacant Lana Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.2/17 ALL RIGHTS RESERVED Page 5 or s 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 wilt 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 twiidings may be constructed on the Property; whether the Property is affected by a flood zone, 182 wetlands, shcrelands 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 prier 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 Expt;atfon Date Identified in Specific Term No. t91 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 sc. t:ifi v. Subdivision. If the Property must be subdivided, Seller represents that there has been preliminary plat approval for the 197 Property end 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 plot 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 1C days after mutual acceptance to verify all information provided 201 from Setter or Listing Firm related to the Property.This contingency shall be deemed satisfied unless Buyer gives notice 2£2 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 shalt be refunded to Buyer. 204 x. Property Condltton Disclaimer. Buyer and Seller agree.thrit 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 end 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 Buyer's initials Date Buyer's initials Date Seller's lnilials Date Setlar s initials Date Authentisign to:9E45C6A2415B405E-8A91-6EC2FB59AE19 RE/Mqx Form 25 . ©Copyright 2017 Vacant Land Purchase&Sale .; Northwest Multiple Listing Service Rev.2/17 VACANT LAND PURCHASE AND SALE AGREEMENT ALL RIGHTS RESERVED Page 1 of 5 SPECIFIC TERMS 1. Date: May 23,2019 MLS No.:1409947 Offer Expiration Date: 6/7/2019 2. Buyer: Neil C Jones Julie I Jones A married couple Buyer Buyer Status 3. Seller: Mason County Seller Seller 4. Property: Legal Description attached as Exhibit A. Tax Parcel No(s).: 322325208021 0-xxx E Port Townsend Street Union Mason WA 98592 Address city County State Zip 5. Purchase Price:$ 15,000.00 Fifteen Thousand Dollars 6. Earnest Money:$ 500.00 56 Check; ❑ Note; ❑Other (held by❑Selling Firm; Ed Closing Agent) 7. Default:(check only one) 56 Forfeiture of Earnest Money; ❑Seller's Election of Remedies 8. Title Insurance Company: Mason County Title 9. Closing Agent: Mason County Title Colleen Reamer Company Individual(optional) 10. Closing Date: 6/28/2019 ; Possession Date: 66 on Closing; ❑Other 11. Services of Closing Agent for Payment of Utilities: ❑Requested(attach NWMLS Form 22K); 6d Waived 12. Charges/Assessments Levied Before but Due After Closing: ❑assumed by Buyer, 0 prepaid in full by Seller at Closing 13. Seller Citizenship(FIRPTA): Seller❑ is; 19 is not a foreign person for purposes of U.S.income taxation 14. Subdivision:The Property:❑must be subdivided before ; Gd is not required to be subdivided 15. Feasibility Contingency Expiration Date: 66 20 days after mutual acceptance; ❑Other 16. Agency Disclosure: Selling Broker represents: 61 Buyer, ❑Seller; ❑both parties; ❑neither party Listing Broker represents: G1 Seller; ❑both parties 17. Addenda: 35F(Feasibility) Authentis:Gr. 05/24/2019 .�v�e e pnea Date Seller's Signature Date 05/23/2019 B §Vigil QM PM PDT Date Seller's Signature Date 140 E BALLANTRAE DR Buyers Address Sellers Address Shelton WA 98584 City,State,Zip City,State,Zip (360)427-9670 Phone No. Fax No. Phone No. Fax No. njones@joneszone.com Buyer's E-mail Address Seller's E-mail Address RE/MAX Top Executives 9971 Richard Beckman Realty Group 4537 Selling Firm MLS Office No. Listing Firm MLS Office No. Jeremy Morse 115627 Richard Beckman 55681 Selling Broker(Print) MLS LAG No. Listing Broker(Print) MLS LAG No. (360)427-6117 (360)490-3215 (360)432-0103 (360)426-5521 (360)790-1921 (360)426-1645 Firm Phone No. Broker Phone No. Firm Fax No. Firm Phone No. Broker Phone No. Firm Fax No. ABarneshomes@gmail.com mail@RichardBeckman.com Selling Firm Document E-mail Address Listing Firm Document E-mail Address Jeremy@JeremySellsRealty.com richard@richardbeckman.com Selling Broker's E-mail Address Listing Broker's E-mail Address 131168 18204 98421 9628 Selling Broker DOL License No. Selling Firm DOL License No. Listing Broker DOL License No. Listing Firm DOL License No. Authentisign ID:9E45C6A2-015B-005E-6A91.6EC2FB59AE19 Form 25 ©Copyright 2017 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.2/17 ALL RIGHTS RESERVED Page 2 of 5 GENERAL TERMS Continued a. Purchase Price. Buyer shall pay to Seller the Purchase Price, including the Earnest Money, in cash at Closing, unless 1 otherwise specified in this Agreement. Buyer represents that Buyer has sufficient funds to close this sale in accordance 2 with this Agreement and is not relying on any contingent source of funds, including funds from loans, the sale of other 3 property,gifts, retirement, or future earnings, except to the extent otherwise specified in this Agreement. 4 b. Earnest Money. Buyer shall deliver the Earnest Money within 2 days after mutual acceptance to Selling Broker or to 5 Closing Agent. If Buyer delivers the Earnest Money to Selling Broker, Selling Broker will deposit any check to be held by 6 Selling Firm, or deliver any Earnest Money to be held by Closing Agent,within 3 days of receipt or mutual acceptance, 7 whichever occurs later. If the Earnest Money is held by Selling Firm and is over$10,000.00 it shall be deposited into an 8 interest bearing trust account in Selling Firm's name provided that Buyer completes an IRS Form W-9. Interest, if any, 9 after deduction of bank charges and fees, will be paid to Buyer. Buyer shall reimburse Selling Firm for bank charges 10 and fees in excess of the interest earned, if any. If the Earnest Money held by Selling Firm is over$10,000.00 Buyer 11 has the option to require Selling Firm to deposit the Earnest Money into the Housing Trust Fund Account, with the 12 interest paid to the State Treasurer, if both Seller and Buyer so agree in writing. If the Buyer does not complete an IRS 13 Form W-9 before Selling Firm must deposit the Earnest Money or the Earnest Money is$10,000.00 or less,the Earnest 14 Money shall be deposited into the Housing Trust Fund Account. Selling Firm may transfer the Earnest Money to Closing 15 Agent at Closing. If all or part of the Earnest Money is to be refunded to Buyer and any such costs remain unpaid, the 16 Selling Firm or Closing Agent may deduct and pay them therefrom. The parties instruct Closing Agent to provide written 17 verification of receipt of the Earnest Money and notice of dishonor of any check to the parties and Brokers at the 18 addresses and/or fax numbers provided herein. 19 Upon termination of this Agreement, a parry 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 parry fails to execute the release form, a parry 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 parry fails to authorize the release of the Earnest Money to the other parry 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 Buyers 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 osinq Agent shall close the ansa ion on the next day that is not a Saturday, Sunday, legal holiday,or day when the 60 Ney 1 05/24/2019 05/23/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:9E45C6A2.4156405E-BA91.6EC2FB59AE19 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 I holiday as defined in C 1.16.050, the specified period of time shall expire on the next day that is not a 117 aturay, Sunday or legal ho[ipcjny specified period of 5 days or less, except for any time period relating to the 118 ,//rel 05/24/2019 05123/2019 Buyer's Initials Date Buyers Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:9E45C6A2-4156-005E-6A91-6EC2FB59AE19 Form 25 ©Copyright 2017 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.2/17 ALL RIGHTS RESERVED Page 4 of 5 GENERAL TERMS Continued Possesion Date,shall not include Saturdays,Sundays or legal holidays. If the parties agree that an event will occur on a 119 specific calendar date, the event shall occur on that date, except for the Closing Date, which, if it falls on a Saturday, 120 Sunday, legal holiday as defined in RCW 1.16.050,or day when the county recording office is closed,shall occur on the 121 next day that is not a Saturday, Sunday, legal holiday, or day when the county recording office is closed. If the parties 122 agree upon and attach a legal description after this Agreement is signed by the offeree and delivered to the offeror,then 123 for the purposes of computing time, mutual acceptance shall be deemed to be on the date of delivery of an accepted 124 offer or counteroffer to the offeror, rather than on the date the legal description is attached. Time is of the essence of 125 this Agreement. 126 I. Integration and Electronic Signatures. This Agreement constitutes the entire understanding between the parties and 127 supersedes all prior or contemporaneous understandings and representations. No modification of this Agreement shall 128 be effective unless agreed in writing and signed by Buyer and Seller. The parties acknowledge that a signature in 129 electronic form has the same legal effect and validity as a handwritten signature. 130 m. Assignment. Buyer may not assign this Agreement, or Buyer's rights hereunder,without Seller's prior written consent, 131 unless the parties indicate that assignment is permitted by the addition of"and/or assigns" on the line identifying the 132 Buyer on the first page of this Agreement. 133 n. Default. In the event Buyer fails, without legal excuse, to complete the purchase of the Property, then the following 134 provision,as identified in Specific Term No. 7,shall apply: 135 I. Forfeiture of Earnest Money. That portion of the Earnest Money that does not exceed five percent (5%) of the 136 Purchase Price shall be forfeited to the Seller as the sole and exclusive remedy available to Seller for such failure. 137 ii. Seller's Election of Remedies. Seller may, at Seller's option, (a) keep the Earnest Money as liquidated damages 138 as the sole and exclusive remedy available to Seller for such failure, (b) bring suit against Buyer for Seller's actual 139 damages, (c) bring suit to specifically enforce this Agreement and recover any incidental damages, or (d) pursue 140 any other rights or remedies available at law or equity. 141 o. Professional Advice and Attorneys' Fees. Buyer and Seller are advised to seek the counsel of an attorney and a 142 certified public accountant to review the terms of this Agreement. Buyer and Seller shall pay their own fees incurred for 143 such review. However, if Buyer or Seller institutes suit against the other concerning this Agreement the prevailing party 144 is entitled to reasonable attorneys'fees and expenses. 145 p. Offer. Buyer shall purchase the Property under the terms and conditions of this Agreement. Seller shall have until 9:00 146 p.m. on the Offer Expiration Date to accept this offer, unless sooner withdrawn.Acceptance shall not be effective until a 147 signed copy is received by Buyer, by Selling Broker or at the licensed office of Selling Broker. If this offer is not so 148 accepted, it shall lapse and any Earnest Money shall be refunded to Buyer. 149 q. Counteroffer. Any change in the terms presented in an offer or counteroffer, other than the insertion of or change to 150 Seller's name and Seller's warranty of citizenship status, shall be considered a counteroffer. If a party makes a 151 counteroffer, then the other party shall have until 9:00 p.m. on the counteroffer expiration date to accept that 152 counteroffer, unless sooner withdrawn. Acceptance shall not be effective until a signed copy is received by the other 153 party, the other party's broker, or at the licensed office of the other party's broker. If the counteroffer is not so accepted, 154 it shall lapse and any Earnest Money shall be refunded to Buyer. 155 r. Offer and Counteroffer Expiration Date. If no expiration date is specified for an offer/counteroffer, the 156 offer/counteroffer shall expire 2 days after the offer/counteroffer is delivered by the party making the offer/counteroffer, 157 unless sooner withdrawn. 158 s. Agency Disclosure. Selling Firm, Selling Firm's Designated Broker, Selling Broker's Branch Manager (if any) and 159 Selling Broker's Managing Broker(if any) represent the same party that Selling Broker represents. Listing Firm, Listing 160 Firm's Designated Broker, Listing Broker's Branch Manager (if any), and Listing Broker's Managing Broker (if any) 161 represent the same party that the Listing Broker represents. If Selling Broker and Listing Broker are different persons 162 affiliated with the same Firm, then both Buyer and Seller confirm their consent to Designated Broker, Branch Manager 163 (if any), and Managing Broker(if any) representing both parties as dual agents. If Selling Broker and Listing Broker are 164 the same person representing both parties then both Buyer and Seller confirm their consent to that person and his/her 165 Designated Broker, Branch Manager(if any), and Managing Broker(if any) representing both parties as dual agents.All 166 parties acknowledge receipt of the pamphlet entitled"The Law of Real Estate Agency." 167 t. Commission. Seller and Buyer shall pay a commission in accordance with any listing or commission agreement to 168 which they are a party. The Listing Firm's commission shall be apportioned between Listing Firm and Selling Firm as 169 specified in the listing. Seller and Buyer hereby consent to Listing Firm or Selling Firm receiving compensation from 170 more than one party. Seller and Buyer hereby assign to Listing Firm and Selling Firm, as applicable, a portion of their 171 funds in escrow equal to such commission(s) and irrevocably instruct the Closing Agent to disburse the commission(s) 172 directly to the Firm(s). In any action by Listing or Selling Firm to enforce this paragraph,the prevailing party is entitled to 173 [jve;] 05/24/2019 [Jill 05/23/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:9E45C6A2.415B-00SE-6A91-6EC2FB59AE19 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 [se;] 05/24/2019 ` `�] 05/23/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:9E45C6A2-0158-005E-8A91-6EC2FB59AE19 RE Form 35F • ©Copyright 2010 Feasibility Contingency Addendum Northwest Multiple Listing Service Rev.7/10 ALL RIGHTS RESERVED Page 1 of 1 FEASIBILITY CONTINGENCY ADDENDUM The following is part of the Purchase and Sale Agreement dated May 23,2019 1 between Neil C Jones Julie I Jones ("Buyer') 2 Buyer Buyer and Mason County ("Seller") 3 Seller Seller concerning 0-xxx E Port Townsend Street Union WA 98592 (the"Property"). 4 Address City State Zip Feasibility Contingency. Buyer shall verify within 20 days (10 days if not filled in) after mutual acceptance 5 (the "Feasibility Contingency Expiration Date") the suitability of the Property for Buyer's intended purpose including, 6 but not limited to, whether the Property can be platted, developed and/or built on (now or in the future) and what it will 7 cost to do this. This Feasibility Contingency SHALL CONCLUSIVELY BE DEEMED WAIVED unless Buyer gives 8 notice of disapproval on or before the Feasibility Contingency Expiration Date. If Buyer gives a timely notice of 9 disapproval, then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. Buyer should not 10 rely on any oral statements concerning feasibility made by the Seller, Listing Broker or Selling Broker. Buyer should 11 inquire at the city or county, and water, sewer or other special districts in which the Property is located. Buyer's inquiry 12 shall include, but not be limited to: building or development moratoria applicable to or being considered for the 13 Property; any special building requirements, including setbacks, height limits or restrictions on where buildings may be 14 constructed on the Property; whether the Property is affected by a flood zone, wetlands, shorelands or other 15 environmentally sensitive area; road, school,fire and any other growth mitigation or impact fees that must be paid;the 16 procedure and length of time necessary to obtain plat approval and/or a building permit; sufficient water, sewer and 17 utility and any services connection charges; and all other charges that must be paid. 18 Buyer and Buyer's agents, representatives, consultants, architects and engineers shall have the right, from time to 19 time during the feasibility contingency, to enter onto the Property and to conduct any tests or studies that Buyer may 20 need to ascertain the condition and suitability of the Property for Buyer's intended purpose. Buyer shall restore the 21 Property and all improvements on the Property to the same condition they were in prior to the inspection. Buyer shall 22 be responsible for all damages resulting from any inspection of the Property performed on Buyer's behalf. 23 ❑ AGREEMENT TERMINATED IF NOTICE OF SATISFACTION NOT TIMELY PROVIDED. If checked, this 24 Agreement shall terminate and Buyer shall receive a refund of the Earnest Money unless Buyer gives notice to Seller 25 on or before the Feasibility Contingency Expiration Date that the Property is suitable for Buyer's intended purpose. 26 [vej] 05/24/2019 05/23/2019 Buyer's Initials Date Buyer's Initials Date Sellers Initials Date Sellers Initials Date Authentisign ID:9E45C6A2-415B-405E-8A91-6EC2FB59AE19 Form 34 ©Copyright 2010 Addendum/Amendment to P&S Northwest Multiple Listing Service Rev.7/10 ALL RIGHTS RESERVED Page 1 of 1 ADDENDUM/AMENDMENT TO PURCHASE AND SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated 05/23/2019 1 between Neil C Jones Julie I Jones ("Buyer")2 Buyer Buyer and Mason County ("Seller")3 Seller Seller concerning 0-xxx Port Townsend Street Union WA 98592 (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 3635.130. 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 [,vej] 05/24/2019 IYJYI 05/23/2019 Buyers Initials Date Buyer's Initials Date Sellers Initials Date Seller's Initials Date Authentisign ID:9E45C6A2-415B-405E-8A91.6EC2FB59AE19 EXHIBIT"A" LEGAL DESCRIPTION Order No.: 122428 Lots twentyone (21)to twentyeight(28), both inclusive, Block eight(8), Grays Harbor and Union City Railroad Addition to Union City,Volume 2 of Plats, page 1, records of Mason County,Washington. Parcel No. 32232 52 08021 I've,] 05/24/2019 05/23/2019`�� 05/23/2019 Richard Beckman Vacant Land Agent Detail Report Page 1 of 1 Listing# 1409947 xxx E Port Townsend St,Union 98592 STAT: Active LP: $15,000 County: Mason LT: 21-28 BLK: 8 CMTY: South Shore PRJ: Union Grays Harbor Type: Vacant Land CDOM: 43 AR: 173 TAX: 322325208021 OLP: $15,000 .?` MAP: GRD: Internet: Yes „ DD: McReavy Rd,West on 5th St,South FIN: " on Port Townsend.Just past county park, LD: 02/08/2019 unmarked access rd on the left.Subject is XD: 10/1612019 approximately 100'down access rd on the OMD: left. LAG: Richard Beckman(55681) PH: (360)790-1921 FAX: (360)426-1645 PH Type: Cellular LO: Richard Beckman Realty Group(4537) PH: (360)426-5521 SOC: 4 Cmnts: CLA: PH: ZJD: County SKS: No CLO: PTO: Yes F17: Not Provided ZNR: RR2.5 QTR/SEC: 32223 OTVP: OWN: Mason County GZC: Residential OPH: (360)427-9670 OAD: Shelton,WA POS: Closing TX$: TXY: 2018 SNR: No ATF: TRM: Cash Out,Conventional TER: STY: 40-Res-Less thn 1 Ac WRJ: Right of First Refusal: No ACR: 0.600 LSF: 26,136 LSZ: 110x199 WFG: DOC: WFT: LDE: VEW: Territorial HOA: RD: RDI: See Remarks IMP: FTR: Brush,Evergreens TPO: Level SLP: LVL: Community Features: WTR: Unknown SFA: No ESM: GAS: Not Available STD: SUR: ELE: In Street SDA: No SST: SWR: Not Available SDI: No SDD: SDX: SD: Pioneer#402 EL: Pioneer Primary 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: This 0.6 acre property is near the Union Community Park.Minutes to Hood Canal,Alderbrook Golf and Alderbrook Resort. Realist Tax Tax ID: 3-22-32-52-08021 Tax Year: Ann Tax: Address: Townshp: 1 404 P1 F6 L H P County: Mason FipsStCd: 53045 Sub-d: Owner: Mason County Surplus Property Assess Imp: $9,775 Assess Ttl: $38,175 Assess Year: 2017 Land As: $28,400 Lot Depth: Lot Front: Lot SF: 26,136 Water: Sewer: Information Deemed Reliable But Cannot Be Guaranteed. Lot Sizes and Square Footage Are Estimates. 03/23/2019- 8:32PM TerraScan TaxSifter - Mason County Washington Page 1 of 1 -`. MASON COUNTY s3 f WASHINGTON TAXSIFTER a., SIMPLE SEARCH SALES SEARCH REETSIFTER COUNTY HOME PAGE CONTACT DISCLAIMER PAYMENT CART(0) Patti McLean Mason County Assessor 411 N STH ST Shelton,WA 98584 Assessor Treasurer Appraisal MapSifter Parcel Parcel#: 32232-52-08021 Owner Name: MASON COUNTY SURPLUS PROPERTY DOR Code: 91-Undeveloped-Land Addressi: MASON COUNTY COURTHOUSE Situs: Address2: 411 N STH ST Map Number: City,State: SHELTON WA Status: EXEMPT FULL YEAR Zip: 985843400 Description: UNION-GRAYS HARBOR&UCRR ADD BLK: 8 LOTS: 21-28&ALL VAC ALLEY ADJ Comment: 2019 Market Value 2019 Taxable Value 2019 Assessment Data Il-and: $28,405 Land: $011 District: 0350-Tax District 0350 Improvements: $10,030 !Improvements: $0 Current Use/DFL: No Permanent Crop: $0 Permanent Crop: $0 Total $38,435 'Total $0 Total Acres: 0.60000 Ownership Owner's Name Ownership MASON COUNTY 0% MASON COUNTY SURPLUS PROPERTY 100% Sales History Sale Date Sales Document #Parcels Excise# Grantor Grantee Price 10/18/90 517029 1 199009397 MARCEL P FASSIO ET UX MASON COUNTY $0 Historical Valuation Info Year Billed Owner Land Impr. PermCrop Value Total Exempt Taxable 2019 MASON COUNTY SURPLUS PROPERTY $28,405 $10,030 $0 $38,435 $38,435 $0 2018 MASON COUNTY SURPLUS PROPERTY $28,405 $9,775 $0 $38,180 $38,180 $0 2017 MASON COUNTY SURPLUS PROPERTY $25,750 $8,500 $0 $34,250 $34,250 $0 2016 MASON COUNTY SURPLUS PROPERTY $26,545 $8,500 $0 $35,045 $35,045 $0 2015 MASON COUNTY SURPLUS PROPERTY $26,545 $8,500 $0 $35,045 $35,045 $0 View Taxes Parcel Comments No Comments Available Property Images No images found. 1.0.6927.19068 Data current as of:5/28/2019 4:46 PM TX_ROIIYear_Seamh:2019 https://property.co.mason.wa.us/Taxsifter/Assessor.aspx?keyId=3481014&parcelNumber=... 5/29/2019 RESOLUTION NO. -11 —1 4 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. II DATED this day of {m L r , 2014. ATTEST: BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON /�/ IAA�� Julie Almanzor, Clerk of the B d Rand Neatherlin, Commissioner APPROVED AS TO FORM: ��- .— Tim Sheldon, Commissioner Tim Whitehead, Deputy Prosecuting Tern Jeffreys,'Ai 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 1 22002-75-00170 1210 E Deer View Circle, Harstine Island 1 5 acres $52,000 Dump site 19 22005-30-02323 No results 20 22005-55-00007 91 E Wilchar Blvd—hulk mobile home ? $5,000 21 22005-55-00008 91 E Wilchar Blvd—hulk mobile home ? $5,000 22 22005-55-00009 91 E Wilchar Blvd—hulk mobile home ? $39,665 23 22129-24-6000 Land on SR3 by Pickering Intersection 2.5 acres $15,750 24 22129-75-90092 Anthony Road junk yard, needs clean 1.04 $15,300 up acres 25 22129-75-90093 Anthony Road junk yard, needs clean 1.03 $15,300 up acres 26 22213-11-60030 Near Rasor Road,Access issue, logged 26 acres $65,000 in 2014 27 32105-50-23000 McReavy Road vacant land, adjacent to 9 acres $54,720 transfer station 28 32105-50-33004 McReavy Road vacant land, adjacent to 7 acres No transfer station estimate 29 32232-52-08021 Lot next to Union Park .6 acre $6,440 30 52024-41-00000 NE SE EX SEE SURVEY 1/233 Little 6.5 acres $14,650 Egypt Rd 31 52024-41-00030 N1/2 N1/2 S1/2 NE SE SEE SURVEY 5 acres $10,000 1/233 Little Egypt Rd 32 52024-41-00040 S1/2 N1/2 S1/2 NE SE SEE SURVEY 5 acres $10,000 1/233 Little Egypt Rd 33 52024-41-00050 S1/2 S1/2 NE SE SEE SURVEY 1/233 10 acres $12,500 Little Egypt Rd 34 61936-41-00040 On Cloquallum Road, almost in GH .96 acres $4,095 County MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Frank Pinter/Melissa Drewry DEPARTMENT: Support Services EXT: 589 BRIEFING DATE: June 3, 2019 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEM: An offer to purchase has been made on the following parcel: 32021-56-01027- 360 E. Panorama Drive, Shelton in the amount of $5,000. EXECUTIVE SUMMARY(If applicable, please include available options and potential solutions): This parcel is Tax Title and was deeded to Mason County on January 9, 2014. An attempt to sell was made at the 2018 Tax Title auction with no interested bidders. Per RCW 36.35.150(1)(d.) this parcel can be sold by direct negotiation within twelve months of the attempted auction. 2019 Assessed Value: $8,750 Current offer: $5,000 Contingencies: 22D (Optional Clauses), 22EF(Funds Evidence), 22K (Utilities), 22T (Title Contingency) Other amounts due: As of May 29, 2019 the back taxes owed are $1702.78 and $752.40 has been paid to Shorecrest Water for this parcel. OPTIONS: Accept offer and set public hearing in order to sell property Counter offer Refuse offer ATTACHMENTS: Detail Report Purchase and Sale Agreement 2019 Assessor's Valuation Briefing Summary 5/29/2019 Authentisign to;9BDOA335A8C8-0E9F-961A-3BO8A9CFB29B Form 25 ©Copyright 2017 Vacant Land Purchase&Sale 6° Northwest Multiple Listing Service Rev.2/17 VACANT LAND PURCHASE AND SALE AGREEMENT ALL RIGHTS RESERVED Page 1 of 5 SPECIFIC TERMS 1. Date: May 17,2019 MLS No.: 1416148 Offer Expiration Date: 5/31/2019 2. Buyer: John J Schaff An unmarried person Buyer Buyer Status 3. Seller: Mason County Seller Seiler 4. Property: Legal Description attached as Exhibit A. Tax Parcel No(s).: 320215601027 360 E Panorama Drive Shelton Mason WA 98584 Address City County State Zip 5. Purchase Price:$5,000.00 Five Thousand Dollars 6. Earnest Money:$ 500.00 21 Check; ❑ Note; ❑Other (held by❑Selling Firm; 56 Closing Agent) 7. Default:(check only one)Gd Forfeiture of Earnest Money; ❑Seller's Election of Remedies 8. Title Insurance Company: Mason County title 9. Closing Agent: Mason county title Order#20191728 Company Individual(optional) 10. Closing Date: 7/5/2019 ; Possession Date: 61 on Closing; ❑Other 11. Services of Closing Agent for Payment of Utilities: 66 Requested(attach NWMLS Form 22K); ❑Waived 12. Charges/Assessments Levied Before but Due After Closing:❑assumed by Buyer, 61 prepaid in full by Seller at Closing 13. Seller Citizenship(FIRPTA): Seller❑ is; ❑ is not a foreign person for purposes of U.S.income taxation 14. Subdivision:The Property:❑must be subdivided before ; 5f is not required to be subdivided 15. Feasibility Contingency Expiration Date:61 0 days after mutual acceptance; ❑Other 16. Agency Disclosure: Selling Broker represents: ❑ Buyer; ❑Seller; ❑both parties; ❑neither party Listing Broker represents: ❑ Seiler, Cid both parties 17. Addenda: 22D(Optional Clauses) 22EF(Funds Evidence) 22K(Utilities) 22T(Title Contingency) Exhibit a,Firpta Authentisicrr 05/17/2019 pLvv Y712A ffi4P%PDT Date Seller's Signature Date Buyer's Signature Date Seller's Signature Date 6624 oklahoma st Buyer's Address Seller's Address lacey wa 98513 City,State,Zip City,State,Zip (360)427-9670 Phone No. Fax No. Phone No. Fax No. johnschaff33@yahoo.com Buyer's E-mail Address Seller's E-mail Address Richard Beckman Realty Group 4537 Richard Beckman Realty Group 4537 Selling Firm MLS Office No. Listing Firm MLS Office No. Stephanie Rosolek 118142 Richard Beckman 55681 Selling Broker(Print) MLS LAG No. Listing Broker(Print) MLS LAG No. (360)426-5521 (360)490-5508 (360)426-1645 (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@RichardBeckman.com mail@RichardBeckman.com Selling Firm Document E-mail Address Listing Firm Document E-mail Address stephanie@richardbeckman.com richard@richardbeckman.com Selling Broker's E-mail Address Listing Broker's E-mail Address 133476 9628 98421 9628 Selling Broker DOL License No. Selling Firm DOL License No. Listing Broker DOL License No. Listing Firm DOL License No. Authentisign ID:980OA335.48C8.4E9F-961A-3BO8A9CFB29B Form 25 ©Copyright 2017 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.2/17 ALL RIGHTS RESERVED Page 2 of 5 GENERAL TERMS Continued a. Purchase Price. Buyer shall pay to Seller the Purchase Price, including the Earnest Money, in cash at Closing, unless 1 otherwise specified in this Agreement. Buyer represents that Buyer has sufficient funds to close this sale in accordance 2 with this Agreement and is not relying on any contingent source of funds, including funds from loans, the sale of other 3 property, gifts, retirement, or future earnings, except to the extent otherwise specified in this Agreement. 4 b. Earnest Money. Buyer shall deliver the Earnest Money within 2 days after mutual acceptance to Selling Broker or to 5 Closing Agent. If Buyer delivers the Earnest Money to Selling Broker, Selling Broker will deposit any check to be held by 6 Selling Firm, or deliver any Earnest Money to be held by Closing Agent, within 3 days of receipt or mutual acceptance, 7 whichever occurs later. If the Earnest Money is held by Selling Firm and is over$10,000.00 it shall be deposited into an 8 interest bearing trust account in Selling Firm's name provided that Buyer completes an IRS Form W-9. Interest, if any, 9 after deduction of bank charges and fees, will be paid to Buyer. Buyer shall reimburse Selling Firm for bank charges 10 and fees in excess of the interest earned, if any. If the Earnest Money held by Selling Firm is over$10,000.00 Buyer 11 has the option to require Selling Firm to deposit the Earnest Money into the Housing Trust Fund Account, with the 12 interest paid to the State Treasurer, if both Seller and Buyer so agree in writing. If the Buyer does not complete an IRS 13 Form W-9 before Selling Firm must deposit the Earnest Money or the Earnest Money is$10,000.00 or less, the Earnest 14 Money shall be deposited into the Housing Trust Fund Account. Selling Firm may transfer the Earnest Money to Closing 15 Agent at Closing. If all or part of the Earnest Money is to be refunded to Buyer and any such costs remain unpaid, the 16 Selling Firm or Closing Agent may deduct and pay them therefrom. The parties instruct Closing Agent to provide written 17 verification of receipt of the Earnest Money and notice of dishonor of any check to the parties and Brokers at the 18 addresses and/or fax numbers provided herein. 19 Upon termination of this Agreement, a party or the Closing Agent may deliver a form authorizing the release of Earnest 20 Money to the other party or the parties.The party(s)shall execute such form and deliver the same to the Closing Agent. 21 If either party fails to execute the release form, a party may make a written demand to the Closing Agent for the Earnest 22 Money. Pursuant to RCW 64.04, Closing Agent shall deliver notice of the demand to the other party within 15 days. If 23 the other party does not object to the demand within 20 days of Closing Agent's notice, Closing Agent shall disburse the 24 Earnest Money to the party making the demand within 10 days of the expiration of the 20 day period. If Closing Agent 25 timely receives an objection or an inconsistent demand from the other party, Closing Agent shall commence an 26 interpleader action within 60 days of such objection or inconsistent demand, unless the parties provide subsequent 27 consistent instructions to Closing Agent to disburse the earnest money or refrain from commencing an interpleader 28 action for a specified period of time. Pursuant to RCW 4.28.080, the parties consent to service of the summons and 29 complaint for an interpleader action by first class mail, postage prepaid at the party's usual mailing address or the 30 address identified in this Agreement. If the Closing Agent complies with the preceding process, each party shall be 31 deemed to have released Closing Agent from any and all claims or liability related to the disbursal of the Earnest 32 Money. If either party fails to authorize the release of the Earnest Money to the other party when required to do so 33 under this Agreement,that party shall be in breach of this Agreement. For the purposes of this section,the term Closing 34 Agent includes a Selling Firm holding the Earnest Money. The parties authorize the party commencing an interpleader 35 action to deduct up to$500.00 for the costs thereof. 36 c. Condition of Title. Unless otherwise specified in this Agreement, title to the Property shall be marketable at Closing. 37 The following shall not cause the title to be unmarketable: rights, reservations, covenants, conditions and restrictions, 38 presently of record and general to the area; easements and encroachments, not materially affecting the value of or 39 unduly interfering with Buyer's reasonable use of the Property; and reserved oil and/or mining rights. Monetary 40 encumbrances or liens not assumed by Buyer, shall be paid or discharged by Seller on or before Closing.Title shall be 41 conveyed by a Statutory Warranty Deed. If this Agreement is for conveyance of a buyer's interest in a Real Estate 42 Contract, the Statutory Warranty Deed shall include a buyer's assignment of the contract sufficient to convey after 43 acquired title. If the Property has been short platted,the Short Plat number is in the Legal Description. 44 d. Title Insurance. Seller authorizes Buyer's lender or Closing Agent, at Seller's expense, to apply for the then-current 45 ALTA form of standard form owner's policy of title insurance from the Title Insurance Company. If Seller previously 46 received a preliminary commitment from a Title Insurance Company that Buyer declines to use, Buyer shall pay any 47 cancellation fees owing to the original Title Insurance Company. Otherwise, the party applying for title insurance shall 48 pay any title cancellation fee, in the event such a fee is assessed. The Title Insurance Company shall send a copy of 49 the preliminary commitment to Seller, Listing Broker, Buyer and Selling Broker. The preliminary commitment, and the 50 title policy to be issued, shall contain no exceptions other than the General Exclusions and Exceptions in said standard 51 form and Special Exceptions consistent with the Condition of Title herein provided. If title cannot be made so insurable 52 prior to the Closing Date, then as Buyer's sole and exclusive remedy, the Earnest Money shall, unless Buyer elects to 53 waive such defects or encumbrances, be refunded to the Buyer, less any unpaid costs described in this Agreement,and 54 this Agreement shall thereupon be terminated. Buyer shall have no right to specific performance or damages as a 55 consequence of Seller's inability to provide insurable title. 56 e. Closing and Possession. This sale shall be closed by the Closing Agent on the Closing Date. "Closing" means the 57 date on which all documents are recorded and the sale proceeds are available to Seller. If the Closing Date falls on a 58 Saturday, Sunday, legal holiday as defined in RCW 1.16.050, or day when the county recording office is closed, the 59 osin Agent shall close the transaction on the next day that is not a Saturday, Sunday, legal holiday, or day when the 60 aL7,5 05/17/2019 Buyers Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:9BOOA335-4BC8-4E9F-961A-3BO8A9CFB29B 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 FP le I holiday as defined in RCW 1.16.050, the specified period of time shall expire on the next day that is nota 117 atur y, Sunday or legal holiday. Any specified period of 5 days or less, except for any time period relating to the 118 J5 05/17/2019 Buyers Initials Date Buyer's Initials Date Seller's Initials Date Sellers Initials Date Authentisign ID:9BOOA335-48C84E9F•961A•3BO8A9CFB29B 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 Sellers 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 Brokers 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 Brokers Branch Manager (if any), and Listing Brokers 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 bath 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 It. Commission. Seller and Buyer shall pay a commission in accordance with any listing or commission agreement to 168 which they are a party. The Listing Firm's commission shall be apportioned between Listing Firm and Selling Firm as 169 specified in the listing. Seller and Buyer hereby consent to Listing Firm or Selling Firm receiving compensation from 170 more than one party. Seller and Buyer hereby assign to Listing Firm and Selling Firm, as applicable, a portion of their 171 funds in escrow equal to such commission(s) and irrevocably instruct the Closing Agent to disburse the commission(s) 172 directly to the Firm(s). In any action by Listing or Selling Firm to enforce this paragraph,the prevailing party is entitled to 173 651 05/17/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:9BOOA33548C8.4E9F-961 A-3B08A9CFB29B 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 IPP.51 05/17/2019 Buyer's Initials Date Buyer's Initials Date Sellers Initials Date Seller's Initials Date Authentisign ID:9BOOA33548C8 4E9F-961A-3BO8A9CFB29B Form Optional IDClauses Addendum �l ©Copyright 2017 P Northwest Multiple Listing Service Rev.2/17 ALL RIGHTS RESERVED Page 1 of 2 OPTIONAL CLAUSES ADDENDUM TO PURCHASE&SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated May 17,2019 1 between John J Schaff ("Buyer") 2 Buyer Buyer and Mason County ("Seller") 3 Seller Seller Concerning 360 E Panorama Drive Shelton WA 98584 (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 6-51 05/17/2019 Buyer's Initials Date Buyer's Initials Date Sellers Initials Date Seller's Initials Date Authentisign ID:9BOOA335-48C84E9F-961A-3BO8A9CFB29B 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 1PP51 05/17/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:9BOOA33548C84E9F-961A-3BO8A9CFB29B Form 22E ©Copyright 2016 FIRPTA Certification FIRPTA CERTIFICATION Northwest Multiple Listing Service Rev.2/16 ALL RIGHTS RESERVED Page 1 of 1 The Foreign Investment in Real Property Tax Act ("FIRPTA"), 26 U.S.C. 1445, provides that a buyer of a U.S. real 1 property interest must withhold tax if Seller is a foreign person, unless one of the exceptions in the Act applies. The 2 following will inform Buyer and Closing Agent whether tax withholding is required. 3 Note: The above law applies to foreign corporations, partnerships, trusts, estates and other foreign entities, as well 4 as to foreign individuals. If Seller is a corporation, partnership, trust, estate or other entity, the terms"I" and "my" as 5 used below means the corporation or other entity. A "real property interest" includes full or part ownership of land 6 and/or improvements thereon; leaseholds; options to acquire any of the foregoing; and an interest in foreign 7 corporations, partnerships, trusts or other entities holding U.S. real estate. 8 SELLER CERTIFICATION. Seller hereby certifies the following: 9 PROPERTY. I am the Seller of real property ❑at: 10 360 E Panorama Drive Shelton WA 98584 11 Address City State Zip or❑ (if no street address) legally described on the attached. 12 CITIZENSHIP STATUS. I ❑ AM ❑ AM NOT a non-resident alien (or a foreign corporation, foreign partnership, 13 foreign trust, foreign estate or other foreign business entity)for purposes of U.S. income taxation. 14 TAXPAYER I.D. NUMBER. 15 My U.S. taxpayer identification number(e.g. social security number) is16 (Tax I.D.number to be provided by Seller at Closing) ADDRESS. 17 My home address is 18 Address City State Zip Under penalties of perjury, I declare that I have examined this Certification and to the best of my knowledge and belief 19 it is true, correct and complete. I understand that this Certification may be disclosed to the Internal Revenue Service 20 ("IRS")and that any false statement I have made here could be punished by fine, imprisonment,or both. 21 22 Seller Date Seller Date BUYER CERTIFICATION (Only applicable if Seller is a non-resident alien). 23 NOTE: If Seller is a non-resident alien, and has not obtained a release from the IRS, then Closing Agent must 24 withhold 15% of the amount realized from the sale and pay it to the IRS, unless Buyer certifies that the selected 25 statement below is correct: 26 ❑Amount Realized ($300,000 or less) and Family Residence= No Tax. (a) I certify that the total price that 1 27 am to pay for the property, including liabilities assumed and all other consideration to Seller, does not 28 exceed $300,000; and (b) I certify that I or a member of my family* have definite plans to reside on the 29 property for at least 50% of the time that the property is used by any person during each of the first two 30 twelve month periods following the date of this sale. If Buyer certifies these statements, there is no tax. 31 ❑ Amount Realized (more than $300,000, but not exceeding $1,000,000) and Family Residence = 10% Tax. 32 (a) I certify that the total price that I am to pay for the property, including liabilities assumed and all other 33 consideration to Seller, exceeds $300,000, but does not exceed $1,000,000; and (b) I certify that I or a 34 member of my family* have definite plans to reside on the property for at least 50% of the time that the 35 property is used by any person during each of the first two twelve month periods following the date of this 36 sale. If Buyer certifies these statements, the amount of the tax is 10%. 37 * (Defined in 11 U.S.C. 267(c)(4). It includes brothers, sisters, spouse, ancestors and lineal descendants). 38 Under penalties of perjury, I declare that I have examined this Certification and to the best of my knowledge and 39 belief both statements are true, correct and complete. I understand that this Certification may be disclosed to the 40 IRS and that any false statement I have made here could be punished by fine, imprisonment, or both. 41 Authenfisi-w 05/17/2019 l 42 0f/2019 1:29:54 PM PDT Date Buyer Date Authentisign ID:9BOOA335-48CBdE9F-961A-3BOBA9CFB29B Form 22EFIQd � ©Copyright 2017 Evidence of Funds Addendum rNorthwest Multiple Listing Service Rev.2/17 EVIDENCE OF FUNDS ADDENDUM ALL RIGHTS RESERVED Page 1 of 1 TO PURCHASE&SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated May 17,2019 1 between John J Schaff ("Buyer") 2 Buyer Buyer and Mason County ("Seller") 3 Seller Seller concerning 360 E Panorama Drive Shelton WA 98584 (the"Property"). 4 Address City Stale Zip 1. DEFINITIONS. 5 a. "Evidence" means document(s) from a financial institution(s) in the United States showing that Buyer has 6 sufficient cash or cash equivalent in United States funds. 7 b. "Non-Contingent Funds" means funds that Buyer currently has in its possession and for which there is no 8 contingency, such as financing (NWMLS Form 22A or equivalent), sale of Buyer's property (NWMLS Form 9 22B or equivalent), or pending sale of Buyer's property(NWMLS Form 22Q or equivalent). 10 c. "Contingent Funds" means funds that Buyer does not currently have, but expects to receive from another 11 source prior to Closing, and for which there is no contingency, such as a loan, proceeds from the sale of 12 other property or stock, retirement funds, foreign funds, a gift, or future earnings. 13 2. 0 EVIDENCE OF NON-CONTINGENT FUNDS. Buyer is relying on Non-Contingent Funds for payment of the 14 Purchase Price. Buyer shall provide Evidence to Seller of such funds within days (3 days if not 15 filled in) of mutual acceptance. Unless Buyer discloses other sources of funds for the payment of the Purchase 16 Price, Buyer represents that the Non-Contingent Funds are sufficient to pay the Purchase Price. Buyer shall not 17 use such Non-Contingent Funds for any purpose other than the purchase of the Property without Seller's prior 18 written consent. If Buyer fails to timely provide such Evidence, Seller may give notice terminating this 19 Agreement any time before such Evidence is provided. Upon Seller's notice of termination under this 20 Addendum, the Earnest Money shall be refunded to Buyer. 21 3. ❑ DISCLOSURE OF SOURCES OF CONTINGENT FUNDS. Buyer is relying on the following Contingent Funds 22 for the Purchase Price: 23 ❑ Sale of the following owned by Buyer: 24 ❑ Gift of$ from 25 ❑ Funds not readily convertible to liquid United States funds(describe): 26 27 ❑ Other(describe): 28 Buyer shall provide Evidence to Seller days (10 days if not filled in) prior to Closing that the funds 29 relied upon in Section 3 have been received or are immediately available to Buyer. If Buyer fails to timely 30 provide such Evidence, Seller may give notice terminating this Agreement any time before such Evidence is 31 provided. Buyer shall provide Seller with additional information about such funds as may be reasonably 32 requested by Seller from time to time. Upon Seller's notice of termination under this Addendum, the Earnest 33 Money shall be refunded to Buyer. 34 4. BUYER DEFAULT. If Buyer fails to timely close because the Contingent Funds identified in Paragraph 3 are 35 not available by Closing, Buyer shall be in default and Seller shall be entitled to remedies as provided for in the 36 Agreement. 37 [PP-51 05/17/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:9BOOA33548C84E9F-961A-3BO8A9CFB29B Form 22K ©Copyright 2014 Identification of Utilities Addendum Northwest Multiple Listing Service Rev.5/14 ALL RIGHTS RESERVED Page 1 of 1 IDENTIFICATION OF UTILITIES ADDENDUM TO PURCHASE AND SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated May 17,2019 1 between John J Schaff Buyer Buyer ("Buyer") 2 and Mason County ("Seller") 3 Seller Seller concerning 360 E Panorama Drive Shelton WA 98584 (the"Property'). 4 Address City State Zp Pursuant to RCW 60.80, Buyer and Seller request the Closing Agent to administer the disbursement of closing funds 5 necessary to satisfy unpaid utility charges, if any, affecting the Property. The names and addresses of all utilities 6 providing service to the Property and having lien rights are as follows: 7 WATER DISTRICT: 8 Name 9 Address 10 City,State,Zip Fax.No. SEWER DISTRICT: 11 Name 12 Address 13 City,State,Zip Fax.No. IRRIGATION DISTRICT: 14 Name Address 15 City,State,Zip Fax.No. 16 GARBAGE: Name 17 Address 18 City,State,Zip Fax.No. 19 ELECTRICITY: 20 Name 21 Address 22 City,State,Zip Fax. No. GAS: 23 Name 24 Address 25 City,State,Zip Fax.No. SPECIAL DISTRICT(S): 26 (local improvement districts or Name utility local improvement districts) 27 Address 28 City,State,Zip Fax.No. If the above information has not been filled in at the time of mutual acceptance of this Agreement, then (1) 29 within days (5 if not filled in) of mutual acceptance of this Agreement, Seller shall provide the Listing 30 Broker or Selling Broker with the names and addresses of all utility providers having lien rights affecting the Property 31 and (2) Buyer and Seller authorize Listing Broker or Selling Broker to insert into this Addendum the names and 32 addresses of the utility providers identified by Seller. 33 Nothing in this Addendum shall be construed to diminish or alter the Seller's obligation to pay all utility charges 34 (including unbilled charges). Buyer understands that the Listing Broker and Selling Broker are not responsible for, or 35 in re payment of, Seller's utility charges. 36 �lg�' 05/17/2019 Buyer's Initials Date Buyers Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:9BOOA335-4BC84E9F-961A-3BOSA9CFB29B Form 22T Eindftdmm ©Copyright 2015 Title Contingency Addendum /� "` Northwest Multiple Listing Service Rev.7/15 TITLE CONTINGENCY ADDENDUM TO ALL RIGHTS RESERVED Page 1 of 1 PURCHASE&SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated May 17,2019 1 between John J Schaff ("Buyer") 2 Buyer Buyer and Mason County ("Seller") 3 Seller Seller concerning 360 E Panorama Drive Shelton WA 98584 (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)frorE❑ 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 1,951 05/17/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:9BOOA335.48C8.4E9F-961A3BO8A9CFB29B 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 5/17/2019 The following is part of the Purchase and Sale Agreement dated 1 between John J Schaff ("Buyer")2 Buyer Buyer and Mason County ("Seller")3 Seller Seller 360 E Panorama Dr Shelton Wa 98584 concerning (the"Property").4 Address City Stale 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 lip.5] 05/17/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:9BOOA335.48C8.4E9F-961A-3BO8A9CFB29B N 11%$(QN CalUNTY \4 TITLE COMPANY Part of the Aegis Land Title Group Property Address: Vacant Land, Shelton, WA 98584 Shorecrest Beach Third Addition (Volume 5, Pages 92-93) { 7 if 24 " VIC 30 32 05/17/2019 651 This is not a survey. It is provided as a convenience to locate the land indicated hereon with reference to streets and other land. It is not intended to show all matter related to the property including,but not limited to,areas,dimensions,assessments,encroachments,or location boundaries. It is not a part of,nor does it modify the commitment or policy to which it is attached. The company assumes no liability for any matter related to this sketch. Reference should be made to an accurate survey for further information. 130 W Railroad Ave,Shelton,WA 98584 Phone:(360)426-9713/(360)426-0716 Web Site: www.MasonCountyTitle.com Authentisign ID:9BOOA33548C84E9F-961A-3BO8A9CFB29B N MASON CQVNW TITLE COMPANY Part of the Aegis Land Title Group .I t s I .rs 't w •�.`'4. t tib, 'c A This is not a survey. It is provided as a convenience to locate the land indicated hereon with reference to streets and other land. It is not intended to show all matters related to the property including,but not limited to,areas,dimensions,assessments,encroachments,or location boundaries. It is not a part of,nor does it modify the commitment or policy to which it is attached. The company assumes no liability for any matter related to this sketch. Reference should be made to an accurate survey for further information. 130 W Railroad Ave,Shelton,WA 98584 Phone:(360)426-9713/(360)426-0716 Web Site: www.MasonCountyTitle.com Authentisign ID:9BOOA33548C84E9F-961A-3B08A9CFB29B ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE A EXHIBIT "A" 6,51 05/,7/2019 Legal Description: Lot twentyseven (27), Block one(1), Shorecrest Terrace 3rd Addition, Volume 5 of Plats, pages 92 and 93, records of Mason County,Washington. Parcel No. 32021 56 01027 Abbreviated Legal: Lot 27, BLK 1, Shorecrest Terrace Third Addn. Parcel No(s): 32021-56-01027 Purported Address: Vacant Land, Shelton,WA 98584 This page is only a part of a 2016 ALTA®Commitment for Title Insurance. This Commitment is not valid without the Notice;the Commitment to Issue Policy;the Commitment Conditions;Schedule A;Schedule 8,Part 1-Requirements;and Schedule 8,Part II-Exceptions. ORT Form 4690 WA A 08/01116;TC 04/0218 Schedule A ALTA Commitment for Title Insurance Page 2 of 2 Richard Beckman Vacant Land Agent Detail Report Page 1 of 2 Listing# 1416148 360 E Panorama Dr,Shelton 98584 STAT: Active LP: $5,000 County: Mason LT: 27 BLK: 1 CMTY: Shorecrest PRJ: Shorecrest Terrace 3rd Type: Vacant Land CDOM: 63 AR: 176 TAX: 320215601027 OLP: $5,000 MAP: GRD: Internet: Yes DD: Hwy 3,Right on Agate,right on FIN: Crestview,left on Panorama to LD: 03/15/2019 approximate address on right XD: 10/16/2019 OMD: LAG: Richard Beckman(55681) PH: (360)790-1921 FAX: (360)426-1645 PH Type: Cellular LO: Richard Beckman Realty Group(4537) PH: (360)426-5521 "MR s.AM SOC: 4 Cmnts: CLA: PH: ZJD: County SKS: No CLO: PTO: Yes F17: Exempt ZNR: RR5 QTR/SEC: 21203 OTVP: OWN: Mason County GZC: Residential OPH: (360)427-9670 OAD: Shelton,WA POS: Closing TX$: $0 TXY: 2018 SNR: No ATF: TRM: Cash Out,Conventional TER: STY: 40-Res-Less thn 1 Ac WRJ: Shorecrest Right of First Refusal: No ACR: 0.210 LSF: 9,148 LSZ: 70x130 WFG: DOC: WFT: LDE: Paved Street VEW: HOA: RD: North RDI: County Maintained,County Right of Way,Paved IMP: FTR: Brush,Evergreens TPO: Sloped SLP: LVL: Community Features: CCRs,Clubhouse,Community Waterfront/Pvt Beach WTR: In Street 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.May be subject to redemption.Title insurance may not be available and title maybe transferred with a bargain and sale deed.Buyer shall pay for title insurance.Please use Mason County Title order#20191728 Marketing Remarks: This lot,located in Shorecrest,offers protective CC&R's,community swimming pool,saltwater access and clubhouse.This property is covered with trees and brush.The property slopes between Panorama Dr and Bridger Lane and may make an ideal lot to build a daylight basement home. Information Deemed Reliable But Cannot Be Guaranteed. Lot Sizes and Square Footage Are Estimates. 05/17/2019- 7:51 PM Richard Beckman Vacant Land Agent Detail Report Page 2 of 2 Realist Tax Tax ID: 3-20-21-56-01027 Tax Year: Ann Tax: Address: Townshp: 1 402 S P3 F5 L H County: Mason FipsStCd: 53045 Sub-d: Owner: Mason County Assess Imp: $2,500 Assess Ttl: $8,500 Assess Year: 2018 Land As: $6,000 Lot Depth: Lot Front: Lot SF: 9,148 Water: Sewer: Information Deemed Reliable But Cannot Be Guaranteed. Lot Sizes and Square Footage Are Estimates. 05/17/2019- 7:51 PM TerraScan TaxSifter - Mason County Washington Page 1 of 2 MASON COUNTY $� WASHINGTON TAXSIFTER 4 SIMPLE SEARCH SALES SEARCH REETSIFTER COUNTY HOME PAGE CONTACT DISCLAIMER PAYMENT CART(0) Patti McLean Mason County Assessor 411 N STH ST Shelton,WA 98584 Assessor Treasurer Appraisal MapSifter Parcel Parcel#: 32021-56-01027 Owner Name: MASON COUNTY DOR Code: 91 -Undeveloped- Land Addressi: 411 N 5TH ST Situs: Address2: Map Number: City,State: SHELTON WA Status: EXEMPT FULL YEAR Zip: 98584-3400 Description: SHORECREST TERRACE 3RD ADD BLK: 1 LOT: 27 Comment: 2019 Market Value 2019 Taxable Value 2019 Assessment Data _.---.----- Land: $6,000 Land: $0' District: 0191-Tax District 0191 Improvements: $2,750 Improvements: $0 Current Use/DFL: No Permanent Crop: $0 Permanent Crop: $0 Total $8,750 Total $0 Total Acres: 0.21000 Ownership Owner's Name Ownership% MASON COUNTY 100% Sales History Sale Sales # Date Document Parcels Excise# Grantor Grantee Price 02/26/13 2003807 1 GIBBS,CARL W&LAURA L MASON COUNTY $0 04/21/06 1865639 1 200684165 ROSS E&NADINE P HANSON CARL W&LAURA L GIBBS H/W $9,000 09/10/93 572140 1 199324174 PAMELA HUTCHINSON ET AL ROSS E&NADINE HANSON $2,700 11/25/85 446085 1 198593343 RP PAMELA HUTCHINSON PER BENTON CO PROB 85-4-00140-5 $0 10/28/85 446085 1 198593079 PAMELA HUTCHINSON ESTATE OF GEORGE HUTCHINSON, $0 ADMPR DECEASED Historical Valuation Info _...- -....... .__. -. _. .�..__..,.._.. _.._... ,......_.._..__....__... . Year Billed Owner Land Impr. PermCrop Value Total Exempt Taxable 2019 MASON COUNTY $6,000 $2,750 $0 $8,750 $8,750 $0 2018 MASON COUNTY $6,000 $2,500 $0 $8,500 $8,500 $0 2017 MASON COUNTY $9,500 $2,000 $0 $11,500 $11,500 $0 2016 MASON COUNTY $9,025 $2,000 $0 $11,025 $11,025 $0 2015 MASON COUNTY $8,550 $1,860 $0 $10,410 $10,410 $0 View Taxes Parcel Comments No Comments Available https://property.co.mason.wa.us/Taxsifter/Assessor.aspx?keyId=3471819&pareelNumber=... 5/29/2019 TerraScan TaxSifter-Mason County Washington Page 2 of 2 Property Images No images found. 1.0.6927.19068 Data went as of:5/28/2019 4:46 PM 7X RollYear Search:2019 https://properly.co.mason.wa.us/Taxsifter/Assessor.aspx?keyId=3471819&parcelNumber=... 5/29/2019 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Lydia Buchheit and Todd Parker DEPARTMENT: Community Services EXT: 404 BRIEFING DATE: 6/3/19 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEM: Treatment Sales Tax — subcontractor requesting additional funding EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): The Treatment Sales Contracts are 18-month contracts from 7/1/18 — 12/31/19. Consejo Counseling has been spending more money monthly and will run out by June 2019. They are requesting funding to sustain the current level of services for the remainder of the contract. The Housing and Behavioral Health Advisory Board recommended not to fund this request. BUDGET IMPACTS: $0 — $38,000 from TST fund depending on decision. RECOMMENDED OR REQUESTED ACTION: BoCC to make final funding decision ATTACHMENTS: Letter from Consejo Briefing Summary 5/28/2019 • r �. 4D CONSE30 Counseling and Referral Service May 2, 2019 Todd Parker Mason County Public Health and Human Services 415 N. 6th Street, Shelton, WA 98584 On behalf of Consejo Board of Directors, staff and the community we serve, I would like to thank you for your support to the Mason Non-Medicaid clients. As you are aware, when Consejo applied for this grant, our agency requested $102,000 to serve the Non-Medicaid community. Unfortunately, due to limited funding, other priorities and multiple request Mason County received. Consejo was granted a contract for $37,500 for the period of July 1, 2018 through December 31, 2019. As of March 31, 2019 Consejo has spent $32, 959.27. The average monthly billing is $5,300 per month. If we continue to provide services at this rate we will used all the funds by the end of May. I am writing this letterto request your support in identifying additional Non-Medicaid funds. Consejo could utilize an additional $38,000 allocation to serve the Non-Medicaid community of Mason County. I realized that this request is much higher that Mason County Public Health and Human Services may be able to fund. Therefore, we will accept the allocation your office is able to fund. If you have any questions, do not hesitate to contact me at (206) 779-7231 Sincerely Mario E. Paredes, MA Executive Director TRANSFORM.STRENGTHEN.EMPOWER. WWW.CONSFJOCOUNSEUNG.ORG Headquarters Shelton Bellevue Kent 1-acoma South Park lake City 3808 S.Angeline St 627 W.FkankU St. 1343 Bel-Red Rd.Suite Ito 5L5 W.1latTison,Suite 109 5915 Orchard St.W. 86151414 Ave.S 2611 NE 1151",Suite 145 Seattle,WA 98116 Shelton,WA 98584 Bellevue,WA 98005 Ken[,WA 98032 Tacoma,WA 98467 Seattle,WA 98108 Seattle,WA 98125 t.206.461-4880 t 360.763.5610 t 425-679-0801 t.206-461-4880 t 360-763-5610 t,206-461-4880 t 206-461-4880 PUBLIC WORKS MONDAY,JUNE 3.2019— BRIEFING ITEMS FROM PUBLIC WORKS (For Commissioners Meeting June 11,2019) Items for this meeting are due to Diane Zoren on Wednesday,June 5,2019 5.0 CORRESPONDENCE AND ORGANIZATIONAL BUSINESS (None) 8.0 APPROVAL OF ACTION ITEM • Road Vacation No. 398- Set hearing with Hearings Examiner to consider vacating a portion of Olympic Avenue in the Plat of Hoodsport. • Ecology Local Solid Waste Funding Assistance (LSWFA) Grant Application. Requesting to add to the June 4, 2019 Commission Meeting. 9.0 OTHER BUSINESS (None) 10.0 PUBLIC HEARINGS AND ITEMS SET FOR A CERTAIN TIME (None) DISCUSSION ITEMS: • School Zone on Sand Hill Road evaluation • Hoodsport meeting report and follow-up actions • ILA w/Port of Bremerton for the PSIC from the Belfair Water Reclamation Facility • ILA w/Peninsula Regional Transportation Planning Organization(PRTPO) Attendees: Commissioners: Public Works: Other Dept. Staff.: Public: _Randy Neatherlin _Diane Sheesley _Kevin Shutty _Loretta Swanson Sharon Trask —Others:(List below) MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Diane Sheesley, County Engineer Phil Franklin, ROW Agent DEPARTMENT: Public Works TEXT: 450 BRIEFING DATE: June 3, 2019 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, lease provide only new information ITEM: Road Vacation #398 — Set Hearing Date w/Hearings Examiner EXECUTIVE SUMMARY: Public Works has received a request to vacate the south half of Olympic Avenue along the North side of Block 14, lots 6 through 11 in the Plat of Hoodsport from adjoining property owners Mark & Esther Cylwik. The Plat of Hoodsport was established and the streets dedicated in 1890. This portion of Olympic Avenue was never developed as a road nor maintained by Mason County. Mr. & Mrs Cylwik have requested this portion of Olympic Avenue vacated so they can construct a living structure on the adjoining lots 6 — 11 in Block 14 in the Plat of Hoodsport. The Cylwiks have maintained the grounds in this requested area for many years by mowing the grass. Further, the street is considered vacant pursuant to RCW 36-87-090 of Vacation by Operation of Law. Public Works is recommending the Commission formally vacate the south half of Olympic Avenue that lays north of block 14 Lots 6 — 11 in the Plat of Hoodsport. An Engineer's Report has been prepared for the Hearings Examiner and Public Works recommends the vacation as submitted, subject to retaining existing easements in favor of Mason County for PUD#1, the water service serving this area and any other utilities present in the vacated right of way. RECOMMENDED OR REQUESTED ACTION: Recommend the Board approve and execute the resolution setting a hearing date with the Hearings Examiner for July 10, 2019 at 1:00pm to consider public comment on the petition for vacation of the south 40 feet of Olympic Avenue that lays north of Block 14 Lots 6 - 11 in the Plat of Hoodsport in Mason County Washington. ATTACHMENTS: Engineer's Report Hearing Notice MASON COUNTY DEPARTMENT of PUBLIC WORKS 100 W PUBLIC WORKS DRIVE SHELTON, WASHINGTON 98584 MEMORANDUM DATE: May 29, 2019 TO: Mason County Hearings Examiner FROM: Phil Franklin, Right of Way Agent, for Diane Sheesley, County Engineer Cc: Loretta Swanson, Interim Deputy Director/Public Works SUBJECT: ENGINEER'S REPORT—ROAD VACATION FILE NO. 398 Vacation of the South half of Olympic Avenue, North of Block 14 Lots 6-11 in the Plat of Hoodsport Background: Mark & Esther Cylwik have petitioned for vacation of the south half of Olympic Avenue in the Plat of Hoodsport. The requested strip lays north of Block 14 Lots 6 - 11 in the Plat of Hoodsport. Mr. Cylwik and his father own other properties in the immediate area and would like this area to be vacated since it has never been opened or maintained as a public road. They would also like to build on lots 6 - 11 and need the area of the old unused right of way to be able to build. The request to vacate is also to clean up the title of lots 6 - 11 since the Olympic Avenue was vacated by Operation of the Law which is RCW 36.87.090. The vacation would remove an encumbrance that would affect the owner's ability to construct a new structure on the property. The North half of Olympic Avenue is already vacated from a previous vacation request. The Plat of Hoodsport was recorded and the roads and alleys dedicated to Mason County in 1890. This alley was never maintained by the county or any other known property owner nor was it used as a roadway. Further, the alley is considered vacated pursuant to RCW 36.87.090 of Vacation by Operation of Law. This RCW states: Any county road, or part thereof, which remains unopen for public use for a period of five years after the order is made or authority granted for opening it, shall be thereby vacated, and the authority for building it barred by lapse of time: Provided, that this section shall not apply to any highway, road street, alley or other public place dedicated as such in any plat, whether the land included in such plat is within or without the limits of an incorporated city or town, or to any land conveyed by deed to the state or to any county, city or town for highways, roads, streets, alleys, or other public places. Per Mason County Code, this road is classified as a Class A road and the right-of-way is an easement. No compensation is required for Class A roads with the exception of the administrative costs of the vacation action. Page 1 of 2 y In compliance with RCW 36.87.40, at the Board of County Commissioners and County Engineer's direction, Public Works Department staff examined the portion of road right-of-way requested to be vacated and solicited comments on the proposed vacation. Our findings are the following: 1. The road is classified as "Class A" per MCC 12.20.040 and no compensation for fee simple interest or appraisal is due prior to vacation. 2. The proposed vacation area is not deemed necessary to preserve for the County road system for the future. 3. Any utility easements located within the requested vacation area remain and the petitioners understand that access to any utilities will not vanish and that access be available at all times. 4. A driveway is located in the area of the vacation, but this driveway is used by the petitioner's father and any agreement for future use can be resolved between the applicant and his father if they choose to record an access agreement. 5. The public will benefit by this action, since it will clear title, add the vacated area to the tax rolls and relieve the county of liability. 6. The Cylwiks' have paid in full the required administrative fee of$500.00. Public Notice: Public notice has been provided as required by RCW 36.87.050, both by posting at the site and by publishing in the county official newspaper. Recommendation: Public Works recommends the vacation of the south half of Olympic Avenue that lays north of Block 14 Lots 6 - 11 in the Plat of Hoodsport as petitioned, subject to existing easements for ingress and egress for any other purpose, if any, and, in accordance with RCW 36.87.170, retaining an easement in favor of Mason County for any utilities present in the vacated right of way. Hearing Examiner Options: 1. Find that this vacation meets the standards established by state law and recommend the vacation be granted as petitioned and/or as recommended by the County Engineer. 2. Find that this vacation fails to meet the standards established by state law and recommend the vacation be denied. 3. Finding that only part of the vacation as petitioned or recommended by the County Engineer complies with the law, develop recommendations to grant the compliant portion and deny the other. Attachments: • Exhibit Al thru A4- Petition • Exhibit 131 thru 134—Maps, Property Picture and Aerials showing area to be vacated • Exhibit C—Legal Description of area to be vacated • Exhibit D1 thru D3 -Approval letters from Other County Departments Page 2 of 2 MASON COUNTY PUBLIC WORKS DEPARTMENT OF PUBLIC WORKS MUNIS VENDOR#1925 100 W PUBLIC WORKS DRIVE SHELTON,WA 98584 (360)427-9670 Receipt No: 19866 Date. 11/16/2018 Payment Type: Check#672 Name B.A.Cylwik Description Amount Road Vacation#398 500.00 TOTAL $500.00 Receipted by: Braakman,Amy EXHIBIT A-1 "E> MASON COUNTY PETITION FOR VACATION OF COUNTY ROAD TO: Board of Mason County Commissioners c/o: Mason County Public Works Department 100 W.Public Works Drive Shelton,WA 98584 We, the undersigned,being owners of the maiority of the frontage of the below-described county road,hereby petition the Board of Mason County Commissioners for vacation of the following described county road: Road Name: 0 x11(I d 'C I�L)L Road Number: €1-115 4 C;C> Description of road right of way to be vacated: 5J clya D _ caL+rc e 1 2 2/ St�l bbl a t 2s p/'S4 Plat Name: C ayAS oor' Recordinl�Date: i �4 Section; _ Township: Ranee: —f -- Attached herewith is a map secured from the Mason County Engineer or from the Mason County Assessor. We have shaded the right of way herein petitioned to be vacated and have also shown the ownerships along said right of way. IN SUPPORT OF SAID PETITION,PETITIONERS ALLEGE: I That the undersigned are the owners of the majority of the frontage of the county road right of way petitioned to be vacated and said right of way is located in Mason County,Washington_ II That contact information,signatures and legal descriptions of the property owned by each petitioner on the right of way to be vacated are provided below: NAME/ADDRESS/SIGNATURE LEGAL DESCRIPTION OF PHONE PROPERTY/PARCEL# / cv 1 Yz- q2 40T 9 V14 ur (-3/ >°&)-, S j x 0TS /v 1007 PETITION FOR VACATIOINi OF COUNTY ROAD Page I EXHIBIT A-2 LEGAL DESCRIPTION OF tVA14fE/ADDRESS/SIGiti;�Tttl2>~ PROPERTY'/PARCEL# PN�NE 17 X -- — — 4 IX (Additional petitioners are listed on the attachment hereto.) III That. if the plat was recorded prior to March, 12. E'er,and,if the right of way is not now in use as a public road, the following proof is provided that the road ivas never opened for public travel for five years folioxAng recording of the plat: 22-1,5 <7 110 0 That such county road right of ivay is useless as a part of the county road system and that the public would be benefited by its vacation for the following reasons. lIItS tY/ld /�"f'iae /SIPt`� Gl: t'Cz'tY' L�1t� J�Ga d.'L, �.f4Lfi' `/ That this road vacation isrequestedfor the following purpose: V1 That this petition is accompanied by a deposit in the sura of Five Hundred Dollars (S5tltt.00), payable to Mason County Public Works,pursuant to statute,conditioned upon petitioners paying into the ;Mason County Road Fund the amount of all costs and expenses incurred in the examination,,report, appraisal and all proceedings pertaining to this petition for the vacation of said road right of tray. DATED this f day of ,/t• ����?� Y'"' 20 �e�. PETMON FOR VACATION OF C01:1NT1'ROAD Fant EXHIBIT A-3 b-V 1181HX3 .LNJ- WJ0'I9naa A,LINl7WINOO dO'dO LDMCI 'A79,4/s7, Sys :GaAO?Iddb 1*00b J' Z";" Z 17,Z ' 1302IH 040--t,9 rib r� s��dsr�r stn , sso7'6 1 r ��dsa�o //-t/C4 (76 -i Olr VO).0 V .*/eft(14(b,7711 ;pl/jl f E!'b S-J07 i3/ >179 .L8OdS-eop11 :JlvoS :dO NOLL`dNIGWOO IHD-dVd 30 NOI.LV-dV I09 } :'d0d NOI.LtIMUTnT07`lR,)XVd JO NOL Y-aVID3 ^ � I lu ` = r 1 Mason County WA GIS Page I of I Mason County WA GIS N!� i I w Se�(�F "y-M�klddres /["'\50N HARMS ON AVE - f 51 N HARRISON 70 N HARRISON AVE • // 132 N HAP.P.ISON AVE WHARRISON AVE s • 130 N HARMS ON AVE >,9/HA :ISON AVE % REQUESTED VACATION AREA i BLOCK 14 LOTS 6 - 11 1-,MrHARRISONAVE • 70 N i 1k)N0LYfIPICAVE f — -- 5C -- III N OLYMPIC AVE • l 'I lil 1.1 OLYMPI C AVE j01D1OLYPIPICAVE i I EXHIBIT B- 1 t 00ft littps://gis.co.iiiasoii.wa.uS/Milson/ 4/30/201) Mason County WA GIS Page 1 of I Mason County WA GIS �1 i REQUESTED VACATION AREA BLOCK 14 LOTS 6 - 11 - == v i- EXHIBIT B -2 c i toot; ht(ps:Hgis.co.mason.wa.us/mason/ 4/30/2019 -TY w • /• t r vylwik Vacation Request wj ,;�r ,'"` ,- •'�t Legend � c a description for your map. ✓�r�. �/ ,' ''�'f� ►.� �'X '! -` Area of Vacation '.' � r ✓+"�'* ��r JAL• e� �A-Vl .' ;Thi -, ' • ��'' �' � ,i�. �� .��'� j�, r;� . , .,l , ' r •�• -` f ,� � 1. "��l✓ v. .�� .�. 1 Y 01 �t I i" ►� r4• •� '• •� 1• y3 psi t� `" t 4 .4 r ; r �) X C ! t • td �'� - JN X y4P , ;lt N Y �` r.rJam- ' As •,: f .} er �� n aYy� x w .r Vy ..,� R F^;.:%.6 . `Seix :6 ,Rq .... �. �b � •,,. 4" - EXHIBIT B -4 All that portion of "Plat of Hoodsport", per Plat recorded in Volume 2, Page 6, records of Mason County, Washington, described as follows: The south 40 feet of Olympic Avenue laying adjacent and North of Lots 6— 11 of Block 14 in the Plat of Hoodsport westerly of Prospect Avenue, vacated, and easterly of Willard Avenue, vacated, as recorded on August 1, 1890 in the Mason County Auditor's Office Book of Plats, Volume 2 Page 6 EXHIBIT C Page 1 of 1 Phillip Franklin - Re: Hoodsport Vacation, # 398 Blase Cylwik and his son Mark From: Terry Conley To: Franklin, Phillip Date: 11/28/201812:58 PM i Subject. Re: Hoodsport Vacation,#398 Blase Cylwik and his son Mark Phil, After reviewing this petition I don't have any issues with this vacation.All existing utilities will remain,and have the right to be accessed and be maintained. Terry Conley Mason County i Road Utllitles Specialist I 100 W Public Works Drive Shelton, WA 98584 Office: 360-427-9670 Ext. 614 Cell: 360-463-7887 >>> Phillip Franklin 11/27/20181:40 PM >>> I Terry, Mark&Esther Cylwik are petitioning for the county to vacate a portion of Olympic Avenue in Hoodsport. Mark is real busy so most likely, if you see someone or talk to someone, it will be Mark's dad, Blase. 1 have attached an image with three aerial maps or surveys of the area,the first map shows the requested area { highlighted in pink,and the next two I just hatched in black marker to show the requested area to be vacated. Both Mark and his dad live right next door,so if they are home,they will probably come talk to you if you hang I around the area very long. Blase is a really nice older gentlemen. Please send me an email and let me know if you have any questions or concerns about the area to be vacated. Thanks for your help, Phil Phil Fi-anlclin Right Of Way Agent Mason County Public Works (360)427-9670 ext.456 pdf@co,mason.wa.us i i I i I EXHIBIT D- 1 I 1 I f file:///C;/Users/pdf/AppData/LocaUTemp/XPgipwise/5BFE90PEMasonmai11001753132... 11/28/2018 k Page 1 of 1 i i I Phillip Franklin - Re:Vacation From: Brenen Profitt i To: Franklin, Phillip i Date: 1/29/2019 3:56 PM Subject: Re:Vacation Phil, 1 have no issue with the vacation,that area requested to be vacated is not part of our county maintained road system. As far as the correct street name to use, I have no opinion either way. Thank you, Brenn Profitt Road Maintenance Supervisor Mason County Public Works Office-(360)427 9670,x528 Cell-f360)968 9036 >>> Phillip Franklin 1/29/2019 3:32 PM >>> Brenen, Can you please take a look at this property owner's request for vacation in Hoodsport and shoot me back an email letting me know your thoughts,concerns or comments for the Vacation.I included a picture that I went up and took of the area. The applicant,or applicants,are Mark Cylwik and his father Blase Cylwik.They own the Mobile and house that sit in close proximity. Mark works so if you need a contact,the best one to contact is Blase. Blase lives in the mobile home.A contact phone number is: 360-229-1007.Also could you give me your opinion on the correct street name to use here.He has lived there for a long time and he says that this is Olympic, but the address for his place is Harrison.What street do you think this should be. Let me know, in email please so I can put it in my file,what you think of the vacation. Thanks so much Brenen, Phil PItiI Franklin Right Of Way Agent Mason County Public Works (360)427-9670 ext.456 pdf@co.mason.wa.us EXHIBIT D-2 file:///C:/Users/Pd f/AppData/Local/Temp/XPgipwise/5C5077A 1 Masoiimai1100175313212... 1/30/2019 Page I of 2 Phillip Franklin-Re:Fwd:Vacation N398 Cyfwik Frous: Michael MacSems To; Frarildin,Phillip Date: 41302019 2:17 PM Subject: Re:Fwd:Vacation#398 Cylvvik his no tssw$W476 iion e. I.--than -Kell R6wcai*300-019 11:44 AM:4+> i Sncsrvty, Kell Rowan I Planting Mamser 360A27M70 ext.286 Pkaw nae map a—jxarr A ktrMwj&W4.-M(f rAk*- go >>>Michael MncSems 4/302019 11:23 AM>>> Kell, Shall I tell Phil that the Planning Dept hits no issue with this street vacation? Than" Michael >>>Plifflip Franklin 4/30/2019 9:18 AM>>> Michael. You did forward me this craiiii some time ago but I just-want to make sum since I have not received any fallow up email from youtself,Kell or Marissa. Are there any concerns,in your departmeriL about this requested vacation? Please let me,know via email,so I can proceed with my final write up to present to the boot. Thinks, .Phil Phil Fityniklin Ria;W Of Way Al," Masai County rulalic Works 0606-127-411 ecu.ase P1�Drn mason caws >>>Michael MacSelant 1130/2019 11:47 AM>>> Kell and Manisa, Can either or you think orally reason why the Planning Dept would oppose this StlVCL Vacation?On the map below,the location of this vacation appears to tun through the general location orthe house on IrN 41212-50-1900 1. Michael >—Phillip Fmnklin In012019 7:44 AM>>> Michael, Here is another vacation request/petition far a Mark Cylwt'k in Hoodsport His Father Blase Cylwk-is handling the vacation for him since Mark works and did is retired. I have Attached some aerials showing where the request is.We do not maintain this area of what Mr.Cyl%vik Is calling Olympic Avenue,nor has it ever been opened for public travel A phone number,if you need to contact anyone,is:3041-877-6131 or 360-2'29-1007. 1 believe they are doing this bemuse they want to build a l*ese on some adjoining lots Thal Mark mvits. Blase lives in a mobile hianie right next in the property and his address is.132 N.Harrison Ave. I look forward to your response and anyone else who you pass it along to Ir you have any questions.please call or email me. Thanks and have a great day Michael. Pbil Plait Fi-ank1fri FUSIN Of Way Agent EXHIBIT D-3 file:///C:/Useis/Pdf/AppData/Local/Temp/XPgi-pwise/5CC85908Masoiii-naillOO175313213... 4/30/2019 RESOLUTION NO. VACATION FILE NO.398 NOTICE OF INTENT TO VACATE SETTING TIME AND PLACE FOR HEARING ON SAID VACATION RCW 36.87 IN THE MATTER OF THE VACATION OF A PORTION OF AN UN-NAMED ALLEY SOUTH OF DRUM STREET BETWEEN BLOCK 6 AND BLOCK 7 OF THE PLAT OF ALLYN WHEREAS, NOTICE IS HEREBY GIVEN that the Mason County Public Works Department is requesting for the vacation of the following right of way: All that portion of"Plat of Hoodsport", per Plat recorded in Volume 2, Page 6, records of Mason County, Washington, described as follows: The south 40 feet of Olympic Avenue laying adjacent and North of Lots 6— 11 of Block 14 in the Plat of Hoodsport westerly of Prospect Avenue, vacated, and easterly of Willard Avenue, vacated, as recorded on August 1, 1890 in the Mason County Auditor's Office Book of Plats, Volume 2 Page 6 WHEREAS, the Board of Mason County Commissioners did set a date for public hearing on the matter before the Hearing Examiner on the matter and directed Public Works to prepare notice thereof for posting and publication. NOW THEREFORE, BE IT RESOLVED that said hearing has been set for Wednesday, July 10, 2019 at 1:00 p.m. in the Commission Chambers, Mason County Courthouse Building I, 411 North Fifth Street, Shelton, Washington, at which time and place any taxpayer may appear to hear the County Engineer's report, and be heard either for or against the vacation of said portion of un-named alley in the plat of Allyn. DATED this day of 12019. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: Melissa Drewry, Clerk of the Board Kevin Shutty, Chair APPROVED AS TO FORM: Sharon Trask, Vice Commissioner Tim Whitehead, Ch. DPA Assessor Auditor Randy Neatherlin, Commissioner County Engineer Petitioner Post no later than (20 days prior to hearing at each terminus of the county road or portion thereof proposed to be vacated or abandoned.) Vacation File No. 398 JOURNAL—Publish 2t: — (Bill Public Works) MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Loretta Swanson, Int. Director Public Works/Merrilee Kenyon, Finance Manager DEPARTMENT: Public Works— U&W Management EXT: 769 BRIEFING DATE: June 3, 2019 PREVIOUS BRIEFING DATE: ITEM: Ecology Local Solid Waste Funding Assistance (LSWFA) Grant Application EXECUTIVE SUMMARY: The 2019-21 state capital budget included funding for Local Solid Waste Funding Assistance (LSWFA) grants through the Department of Ecology. Mason County was allocated $183,748 over the 7/1/19 — 6/30/21 biennium which includes $56,382 for solid waste enforcement and $127,366 for planning and implementation. Application for funds must be made by June 7, 2019. The purpose of Local Solid Waste Financial Assistance (LSWFA) is to: ■ Provide financial assistance for local solid and hazardous waste planning. • Promote regional solutions and intergovernmental cooperation for eligible projects. • Promote efficient implementation of programs contained in local solid and hazardous waste management plans. • Help local governments prevent or minimize environmental contamination through compliance with state and local solid and hazardous waste laws and rules. Mason County Solid Waste uses this grant to offset costs associated with the recycling and household hazardous waste programs. These programs are free of charge to residents. Fund #402 budget pays vendors to dispose of HHW and recycling materials and then the county is reimbursed by Ecology. The $127,366 grant represents a reimbursement of about 30% of the expenses Mason County will incur during the two-year period. The remaining costs are covered by solid waste tipping fees. BUDGET IMPACTS: This grant reduces the ratepayer cost to carry out the County's current household hazardous waste disposal and recycling operations. It does not encumber the County to participate in any programs that are not already budgeted and in operation. RECOMMENDED ACTION: Approve submittal of the 2019 — 2021 LSWFA grant application to the Department of Ecology and authorize the Public Works Director and/or Deputy Director/Utilities and Waste Management to sign the necessary agreements. Requesting the item be added to the June 4, 2019 Commission Meeting in order to meet the June 7, 2019 application deadline. Attachment: Grant Questionnaire Mason County GRANT QUESTIONNAIRE Date: Office/Department: Public Works Contact Person: Merrilee Kenyon 1) Name of Grant/Program 2019-2021 Ecology Local Solid Waste Funding Application 2) New Grant ® Renewing Grant ❑ Term (# of years) 2 3) Is the grant unchanged, and does not require Current Expense funding? Y X N 4) How will this grant benefit the County's citizens? Grant funds will be used to support the Household Hazardous Waste(HHW)and recycling programs at Mason County solid waste facilities in Shelton, Union, Hoodsport,and Belfair. Funds will go toward paying vendors that the County uses to dispose of HHW and recycling materials. 5) Is this a program grant or an equipment grant? This is a solid waste program implementation grant. 6) Is this a "one-time only grant" or is it renewable? If renewable, how long is grant anticipated to last? It is not renewable but Mason County has regularly received funding in previous state budgets. 7) If this is a new grant how will the grant support a current program OR how will the program change? This grant will support the HHW and reryding portions of the County Solid Waste Program. It will not change current operations only provide fundingsupport for existing operations. .. 8) Does this grant require up front funds? Y X N If so, what is the source of the up-front funds needed to cover costs prior to initial and continuing reimbursements being received? HHW and recycling expenses are paid for out of Fund#402 budget and then reimbursed by Ecology. The Ecology grant has traditionally covered—30%of the County's HHW and recycling costs over the 2 year period.The remaining expenses are paid for by solid waste tipping fees. 9) How many employees (new or current) will be paid by the grant? N 0 C 0 a. If this grant requires new hire(s) and grant ends, how will unemployment costs be funded? _ Page 1 rev. 3-11 10) Will the grant require matching funds; i.e., in-kind, cash, Employment Security, Social Security, FICA, PERS, etc? Y X N If so, what? The grant requires a 25% match from the County. Snce thegran1.nnly covers 30 of noir actual costs for operations,our match will be much larger than the required minimum. 11) Would the grant allow for an annual COLA in salary, increase in medical insurance premiums or increases in any personnel benefits?Y N/A 12) What fund would support a cash match (if required)? Solid Waste Fund#402 13) If required what is the TOTAL cost of the match over the life of the grant? $42,455 14) What fund would support the administration of the grant?Solid Waste Fund#402 15) Will the grant allow for the County cost allocation plan to be funded? Y X 16) Would the grant require the county to provide office space and/or additional equipment to administer the program? If so, what are the requirements? No 17) Would the program require use of a county vehicle or personal vehicle?Y N X 18) If so, would the grant provide for the cost of the automobile and/or liability insurance? Y N 19) Would the grant require activities by other county offices/departments? (i.e. legal review, technology services assistance, new BARS numbers.) Y X N If so, what activities? The final agreement wolf nppd to hp reviewed and ap a rnvpd by the Deptity Prosecuting Attorney, 20) Would acceptance and completion of the grant project in any way OBLIGATE the County to create/enact new ordinance or policies?Y N X If so, what obligations? 21) Does this grant project include any activities that may fall outside the county's standard policies (personnel policies on travel, hours of work, training required, reimbursement for meeting refreshments, paying for meeting space, etc.?) No Page 2 rev. 3-11 22) Will outside consultants be solicited to work on the grant and if so, is a process in place for appropriate selection and oversight of consultant activities?Y N X If so, what is the funding source for consultant fees? 23) For a program grant, how would the program be funded after the grant expires? (It should be understood that once grant funding ends, either the program ceases OR the funding for the program needs to be absorbed within the department's or office's existing budget) OR justification must be provided that the program has been and will continue to save or benefit taxpayers. Most of the program is suppnrtPd by fipphnq fPPC nnw If state funning noacpc in tha f di ira tipping13 fees may need to be increased to cover the costs that are now reimbursed by EcoloQy. 24) Please provide (attached to questionnaire) a synopsis of the grant or a copy of the fact sheet. Please feel free to submit additional information as needed. Official signature of renuesting office/department: a s�z3 ZDV Elected Official apartment Head Date Approved by: Chair, Board of County Commissioners Date Page 3 MASON COUNTY DEPARTMENT of PUBLIC WORKS �:. 100 W PUBLIC WORKS DRIVE �N Co' SHELTON, WASHINGTON 98584 MEMORANDUM DATE: May 29, 2019 TO: Diane Sheesley PE, County Engineer Cc: Loretta Swanson, Interim Deputy Director/Technical Services Manager FROM: Dave Smith, PE, Transportation Engineer SUBJECT: School Zone on Sand Hill Road PURPOSE This memo is in response to your request to evaluate the existing school zone on Sand Hill Road. The existing school zone extends beyond the length of the school property in both directions, and along the County park property on both sides of Sand Hill Road. The length of the zone is 1,642 feet. It starts at MP 0.715 and extends to MP 1.026. The school zone speed limit is 20 mph. This 20 mph school zone speed limit is in effect during daylight hours, 7 days per week, throughout the year. This report will address the questions raised by several citizens as to whether the 20 mph speed limit is appropriate during the hours currently posted, and whether a school zone speed reduction is necessary at all. INTRODUCTION Sand Hill Elementary School serves approximately 425 students in grades kindergarten through grade five. It is located at 791 NE Sand Hill Road, in Belfair, Washington. The doors open to students at 9:20 AM. School starts at 9:35 AM and is dismissed at 3:50 PM. On a half day schedule, school is dismissed at 12:50 PM. On Early Release Mondays, school is dismissed at 2:30 PM. Students either ride the school bus (70%) or are transported by their parents (30%). There are no students that walk or ride bicycles to or from this school. Additionally, there are no school activities at the ballfields on the opposite side of Sand Hill Road, and no students are required to walk across Sand Hill Road during the course of any school day. According to the MUTCD, speed limit reductions usually are not warranted at schools to which all children are bused or driven. ROADWAY CROSS SECTION AND EXISTING SIGNAGE Sand Hill Road transitions from 2 lanes to 3 lanes along the school frontage. There is 1 lane in each direction, and the 3rd lane, the center northbound lane, is a left turn lane for traffic entering the school parking lot. There is a regulatory sign reading "through traffic keep right" for northbound traffic. The following school zone signs are currently in place on Sand Hill Road: Northbound, The first school zone related signage is a school speed reduction ahead sign to 20 mph in florescent green (see Picture 1 attached). Next is a sign assembly with a florescent green SCHOOL sign, speed limit 20 mph, with another sign indicating the hours the speed limit is in effect (see Picture 2 attached). The next sign assembly is the green fluorescent Advanced School sign and School Crosswalk (see Picture 3 attached). The next assembly is a green florescent Pedestrian Crossing sign with an arrow pointing to the marked crosswalk at Fern Road (see Picture 4 attached). The last school sign is the End School zone (see Picture 5 attached). Southbound, The first school zone related signage is a school speed reduction ahead sign to 20 mph in florescent green (see Picture 6 attached). Next is a sign assemble with a green florescent SCHOOL sign, speed limit 20 mph, with another sign indicating the hours the speed limit is in effect (see Picture 7 attached). The next assembly is a green florescent Pedestrian Crossing sign with an arrow pointing to the marked crosswalk at Fern Road (see Picture 8 attached). The next assembly is the green fluorescent Advanced School sign and School Crosswalk (see Picture 9 attached). The last school sign is the End School Zone (see Picture 10 attached). EXISTING MUTCD CONFLICTS The 2009 MUTCD (Section 7B.15) requires a SCHOOL sign be installed in advance of the first School Speed Limit assembly or School Speed Limit (S5-1) sign a road user encounters approaching a school zone. This sign can be installed alone, 7 with a SCHOOL plaque, with a variety of other plaques, or as part of a School Advanced Crossing assembly. Currently, there are no SCHOOL signs installed in advance of the first School Speed Limit assembly or School Speed Limit (S5-1) signs. School zone speed limits of 20 mph should correspond with end of school zone signs posted on the opposite side of the road. For example, the end of the school zone for southbound traffic is at MP 0.715, but the school zone speed limit for northbound traffic is 20 mph at MP 0.699, an offset distance of 85 feet. DISCUSSION The MUTCD defines a school as having students between the grades of K through 12, or as otherwise defined by the State. The purpose of school area traffic control is the safe and orderly movement of traffic within school areas. When it is determined a reduced school speed limit should be established at or near a school, and the appropriate speed limit has been determined, it is necessary to determine where, with respect to the school grounds or crossing, the reduced speed limit should begin and end. The MUTCD recommends school speed limits begin "at least 200 feet in advance of the school grounds, a school crossing, or other school related activities." Often, responsible parents and school groups insist the speed reduction begin too far in advance of, and extend too far past, the spot where the reduction is warranted. Having a speed reduction that begins too soon is likely to result in drivers largely ignoring the lower speed limit, or initially slowing but gradually increasing their speeds prior to arriving at the point where the reduction is most needed. School zones should be as short as practical and should not necessarily extend along the entire roadway frontage of the school property. Many drivers are understandably annoyed when the reduced speed limit is set at an unreasonable speed or the reduced speed zone extends farther from the school crossing or school grounds than seems necessary. They are perhaps even more irritated when the limits are in effect at times when there are no school children even in sight, or when none would reasonably be expected to be in the school zone at the time. It is important the zone be active when children are present and when the lower speed limit otherwise is justified. However, when drivers continually experience lowered limits at times when there is no apparent reason for them, respect for and compliance with those limits likely will diminish. The use of reduced speed limits, including the times when they are in effect, must be reasonable and in accord with community values and road user expectations. 7 i TRAFFIC ANALYSIS Traffic counters were placed at both sides of the school zones within the 20 mph school zone. The 85th percentile speeds south of the school grounds (northbound traffic) averages 43 mph, and 38 mph north of the school grounds (southbound traffic), with an ADT of 1,600 and 1,200, respectively (see attached traffic studies). This traffic pattern shows the majority of the traffic to and from the school is from the south. The speed study indicated compliance with the 20 mph speed limit is diminished. Accident history over the previous 9+ years, from January 1, 2010, to date, show 3 crashes have occurred within the school zone mile posts. One driver struck a fixed object while under the influence, one vehicle struck a deer, and one vehicle struck another as it was leaving a parked position alongside the road. There have been no crashes associated with the school (see attachment Collision Summary). OPTIONS AND RECOMMENDATION OPTION 1 — (Recommended) Remove the existing school zone signs altogether; leave the speed limit at 35 MPH, and remove the cross walk markings, and corresponding signage. OPTION 2 - Remove the existing school zone signage altogether; leave the speed limit at 35 MPH, and sign the cross walk as a standard pedestrian crossing. Add illumination at the cross walk. OPTION 3 — Leave school zone signs as is, with the exceptions of upgrading the signing consistent with MUTCD standards. OPTION 4 - Leave school signs as is, with the exceptions of upgrading the signing consistent with MUTCD standards and change the hours the speed zone is in effect to the days school is in session and one half hour before and after school starts in the morning and finishes in the afternoon. MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Daniel Goodell, Superior Court Judge George Steele, District Court Judge DEPARTMENT: Superior Court EXT: 206 District Court BRIEFING DATE: June 3, 2019 @ 11:00 a.m. PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEM: Automatic text/phone call system for pretrial services EXECUTIVE SUMMA (If applicable, please include available options and potential solutions): As a first step in a pretrial services program, the Courts would like to pursue a contract with AutoMon for the use of their pretrial services software program, which includes automated text/phone call reminders for court dates. The program has other uses that can be utilized for a more extensive pretrial program. However, to begin with, we will only be utilizing the automatic text/phone call reminder portion of the program. It is a web-based program and the data is stored on their server. The initial set-up fee by AutoMon is $500 and the annual subscription fee for two users (one for each court) is $2,000, for a total of $2,500 needed for the first year. The Courts would like to use Trial Court Improvement Funds to pay for the set up and annual subscription fee. BUDGET IMPACT: $2,500 from Trial Court Improvement Fund (135); no impact on general fund. ATTACHMENTS: None. Briefing Summary 5/21/2019 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Lisa Frazier (Audit Committee) DEPARTMENT: Treasurer EXT: 484 BRIEFING DATE: 6/3/19 PREVIOUS BRIEFING DATES: n/a If this is a follow-up briefing, please provide only new information ITEM: Mason County Revenue (Cash) Handling Policy and Procedures EXECUTIVE SUMMA (If applicable, please include available options and potential solutions): The Washington State Auditor's Office recommends that counties have a Revenue (Cash) Handling Policy approved and implemented to provide for the continued safety of public monies: The Mason County Audit Committee had undertaken the responsibility of drafting said policy and procedures, vetting such policy and procedures with county departments and approving the final draft for presentation to the Mason County Board of County Commissioners with a do pass recommendation; BUDGET IMPACT: None ATTACHMENTS: Mason County Revenue (Cash) Handling Resolution and Mason County Revenue (Cash) Handling Policy and Procedures Briefing Summary 5/29/2019 Resolution Number Mason County Revenue (Cash) Handling Policy & Procedures WHEREAS; the Washington State Auditor's Office recommends that counties have a Revenue (Cash) Handling Policy approved and implemented to provide for the continued safety of public monies: WHEREAS; the Mason County Audit Committee had undertaken the responsibility of drafting said policy and procedures, vetting such policy and procedures with county departments and approving the final draft for presentation to the Mason County Board of County Commissioners with a do pass recommendation; THEREFORE; after a review of such Revenue (Cash) Handling Policy and Procedures, the Mason County Board of Commissioner's hereby approves the Mason County Revenue (Cash) Handling Policy and Procedures as set out in Exhibit "A", herein attached. Approved this day of June, 2019 BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Kevin Shutty, Chair ATTEST: Randy Neatherlin, Commissioner Sharon Trask, Commissioner Clerk of the Board APPROVED AS TO FORM: Tim Whitehead, Chief Deputy Prosecuting Attorney EXHIBIT A MASON COUNTY REVENUE (CASH) HANDLING POLICIES AND PROCEDURES May 2019 Table of Contents Section Topic Page I Authority 4 II Policy and Procedures 4 III Custodial Responsibility & Liability 4 IV Revenue Handler Training 6 V Revenue Handling Compliance 6 VI Revenue Receiving Duties 6 a. Opening Activity b. Receipting County Money c. Refunds VII Closing Activity 9 a. Balancing Cash Drawer VIII Checklist for Locating Differences 10 IX Revenue Over & Short Policy 11 X Revenue Transmittal Forms 12 XI Payments Received in the Mail 12 XII Acceptance of Checks 13 XIII Bank Returned (NSF) Checks 15 XIV Credit/Debit Card Use 16 XV Accounting and Physical Control Over Revenue Receipts 16 a. Preparing Receipts XVI Deposit of Funds with the County Treasurer 17 XVII Direct Deposit to Banks 18 XVIII Transfer of Bank Funds to the County Treasurer 18 2 XIX Reconciliation of Bank Accounts 18 XX Petty Cash 19 XXI Reporting of Losses 20 XXII Counterfeit Money 21 1. Altered Currency XXIII Safeguarding Funds in an Emergency 22 a. Fire, Bomb Threat XXIV Temporary Employees as Cash Handlers 22 XXV Non-County Money 23 1. Found Property 2. Unclaimed Property )=I Robbery 23 Glossary 26 APPENDICES • Robbery Description Report A • Currency Strapping B • Federal Reserve Check Handling Rules C • Transposition/Difference Chart D • When Money Wears Out or is Damaged E • Treasurers Transmittal F • Report of Loss/Overage G • Altered Money H • Revenue Handler Certification Form I • Imprest Account Custodian Identification Form J 3 REVENUE/CASH HANDLING POLICIES AND PROCEDURES I. AUTHORITY RCW 36.29.010 describes the following general duties of the County Treasurer, which pertain to cash handling: • Shall receive all money due the County and disburse it on warrants issued and attested by the County Auditor; • Shall issue an original receipt to the person making payment and shall retain a duplicate receipt for all money received other than taxes; • Shall write on the face of all warrants when paid, the date of redemption, and; • Shall maintain financial records reflecting receipts and disbursement by fund in accordance with generally accepted accounting principles. II. POLICY AND PROCEDURES Many of the revenue handling duties and responsibilities assigned to the County Treasurer by law entail action by other County officers, employees, and agents. In order to assure that all County employees responsible for handling revenue are aware of their duties, the following policy and procedures will provide rules and guidelines for all revenue handlers in Mason County. III. CUSTODIAL RESPONSIBILITY & LIABILITY A custodian is personally responsible for all County revenue within his/her span of control and may be held liable for any loss occurring, unless the loss was caused by an act of God, a theft, or a statutory exception applies: • All County revenue handlers shall comply with their departments and/or the county's policies and procedures. All revenue handlers who fail to comply with their departments or the County's adopted policies and procedures may be subject to disciplinary action. • All revenue handlers who obtain custody of county money may be held liable for the loss of that money until such time as the money is deposited with one of the County Treasurer's authorized agents. 4 • All revenue handlers will be covered as listed under in-the Mason County Resolution #38-19, Estabilishment of Bond Requirements for Mason County Elected Officials and Other Public Officials or covered under Mason County's Crime Insurance Policy. • All transfers of custody for county revenue shall be documented on a Transmittal Form. The form shall acknowledge the exchange of custody for county revenue by the signatures of the person transferring and the person accepting custody. • A revenue handler shall use a written receipt or log to document that he/she exercised due care by immediately turning over custody of that county revenue to the appropriate departmental finance manager or designated party. • A departmental finance manager or designated party who issues a written receipt or acknowledges by log acceptance of custody of county revenue is liable for the timely deposit of that revenue. The liability for timely deposit starts with the original receipt of county money by a county officer, employee, or agent and ends when the county money is deposited with the County Treasurer. • A deposit of county revenue to an approved after-hours drop box is considered a deposit with the County Treasurer. To use this procedure an agreement must be signed between the bank receiving the deposit and the County Treasurer prior to the deposit. • A deposit of county revenue to an approved bank branch is considered a deposit with the County Treasurer. Approval to deposit directly to an approved bank branch must be issued between the department and the County Treasurer. Deposits in transit either to the Treasurer's Office or to an approved bank branch should be contained in a locking deposit bag or tamper resistant deposit bag. In no instance should the employee making the deposit have access to the contents of the deposit bag. 5 IV: REVENUE/CASH HANDLER TRAINING • New revenue-processing county employees shall review the Mason County Cash Handling Policies and Procedures prior to any cash handling activities. Said review shall be signed by the employee and confirmed by the Department Head or Supervisor. The Department Head or Supervisor shall provide the Treasurer with written confirmation that the new employee has reviewed the Cash Handling Policies and Procedures. • Departments are required to have revenue handlers, departmental cashiers and other designated parties review and sign off on such review of the Cash Handling Policies and Procedures every four years (see Appendix I). V. REVENUE HANDLER COMPLIANCE • Each department is responsible for revenue handler compliance within their department. Departments may request that the County Treasurer's Office periodically inspect and report on the department's revenue handling procedures. • The County Treasurer's report of inspection will indicate whether or not the department's system of revenue handling procedures is satisfactory with the guidelines set out in this policy. • Departments will be responsible for updating or training revenue handlers should the County Treasurer's report require action by the department. VI. REVENUE RECEIVING DUTIES A. Opening Activity — Whenever possible cash drawers should not be shared. Individual cash drawers are preferred. However, if staffing or office environment dictate otherwise, ONLY ONE PERSON SHALL HAVE CONTROL OF A CASH DRAWER ON ANY GIVEN DAY The designated departmental cashier for that day shall be the custodian of the cash register or drawer, unless employees have their own cash drawers. Only one person should have control of cash. During lunch hours or in the absence of the cashier, two employees may handle cash transactions. However, both employees must be present during the transaction and both must verify all cash received and disbursed from cash in the cash drawer in writing. 6 1. Each Revenue handler shall sign a receipt acknowledging responsibility for any required change funds. 2. Revenue handlers shall set up their individual cash drawers in a consistent manner with all the bills face up and going the same direction, i.e. smallest denominations on the right and next larger denominations to the left. Checks, money orders, two, fifty and one-hundred dollar bills placed under the drawer, if there is no preset place for these bills. 3. When accepting currency, count each bill by looking at the faces on the currency, not the denominations on the corners. (See examples Altered Currency, Appendix H) 4. Revenue handlers accepting 50 dollar bills (currency) or more may have another employee verify count to assure accuracy. 5. Revenue handlers shall always complete a transaction in its entirety before proceeding to another transaction or offering assistance to another customer. 6. During the day, when the cash drawer begins to get full and when time allows, paperclip or rubber band excess currency. Large sums of money should be removed periodically and secured in a safe within the department or office in the event of a robbery (departments will need to identify based on transactional history what would be considered a large sum and create a log book for removal and securing cash in these instances). (See banding, strapping guidelines Appendix B and Robbery page 23) 7. US Title 31 Subtitle IV Ch. 51 Subchapter 1 s5103 states "United States coins and currency are legal tender for all debts, public charges, taxes and dues." Loose coin will be accepted in minimal quantities only. Amounts equaling or exceeding the minimal roll (ex: fifty or more pennies, fifty or more dimes) will be accepted if rolled by the depositor. Rolled coin may require the name, phone number and other identifying information of the person offering such rolled coin as tender (i.e. court case number, account number, tax parcel number). Note: Banks would prefer no identifying information be listed on rolled coin. 7 B. RECEIPTING All monies (checks or cash) must be receipted immediately upon acceptance. All funds and receipts must be placed in a lockable cash drawer or cash register; the drawer must be locked at all times when no one is in attendance in the receipting area. 1. All county revenue handlers shall record all corrections of previously recorded transactions, such as refunds, voids, and cancels on a permanent daily collection journal. Depending on your software programs, this may already be accounted for. Any correction shall be reported to the departmental finance manager or designated party. The revenue handler and departmental manager or designated party shall each initial and date the correction in the daily journal. Depending on your software programs, this may already be accounted for. C. Refunds A REFUND is given after the original collection transaction has been completed. A REFUND returns funds back to the payee. This action is taken at the direction of a department finance manager or designated party. Department heads may authorize their officers and employees to make an immediate documented refund of collected County money that conforms to the following conditions: • Revenue handlers shall refund the original payment to the payer only upon presentation of proof of identification and written documented request. The transaction must be cancelled/voided. These types of transactions are typically same day. • Revenue handlers shall not give "cash back" from a check. • If the money has been deposited with the Treasurer the refund shall only be made by a Treasurer's check. Departments will provide a written request for the refund to the Treasurer's Office. Refunds are processed within two weeks. 8 VII. CLOSING ACTIVITY Persons who collect County money from the public shall balance their cash drawer at the end of their work shift. Preparing a cash reconciliation may consist of counting collected monies, filling out a cash count document as stipulated by the employee's department, and preparing a deposit slip. All counting and/or balancing should occur out of public view in a location away from the collection area whenever possible. Balancing Cash Drawer 1) At the end of a shift, the revenue handler, needs to account for all increases and decreases of cash in the cash drawer. This process is referred to as balancing - the accounting of all county funds received that day. Balancing involves the adding of currency, coin and checks, determining the total revenue received — as documented on the permanent record, subtracting the beginning cash and comparing the total money with the total transactions. These dollar amounts should be the same. Each revenue handler may have their own method for balancing their drawer. However, there are several steps that all revenue handlers have in common. a. Remove all currency, coin and checks from the drawer or cashbox. Count the currency and coin and list by denomination on the daily cash count sheet. Monies should be counted as many times as it takes to get the same total twice. (See the example on currency and coin, strapping guidelines Appendix B) b. Revenue handlers should list all checks on either an adding machine tape, a deposit slip or computer generated slip and transfer the number of checks and the total dollar amount to the daily cash count sheet. Checks should be restrictively endorsed according to federal law. (See Appendix C) The remainder of the back of the check must be left blank. All identification notations, such as a driver's license number if required by the department, must be placed on the front of the check. c. Revenue handlers should then "buy" from the remaining cash on hand to bring the beginning cash back to the preferred mix of currency denominations as determined by the revenue handlers' department. 9 d. Department Finance Managers or designated parry shall fill out the transmittal forms and distribute the copies as follows: • To the Departments designated depositor. Who will then provide: • Two copies to the Treasurer's office with the deposit for in person deposits or one copy via email. • One conformed copy stays in the department to be filed. e. Designated depositor shall then insert the completed document into a designated deposit bag or envelope with the cash and/or checks to be deposited and store it in a safe place until delivered to the Treasurer or bank. If not deliverable to the Treasurer's office until the next day it must be secured in a safe, locked receptacle or a vault overnight. VIII. CHECKLIST FOR LOCATING DIFFERENCES (Note: This checklist is unique to the Treasurer's office. Other departments may create their own written guidelines for determining differences.) 1. Have another person recount all currency and coins. 2. Have another person recount all strapped currency. 3. Rerun totals on excise tax and miscellaneous receipts. 4. Recheck Electronic Funds transfer (EFT) deposits. 5. Scan checklist for the amount of the difference. 6. Compare checks to the checklist 7. Compare checks to the tax receipts. 8. Break down the deposit Do not throw out trash in wastebaskets or recycling boxes until balanced. Place trash in vault overnight if necessary. 10 Note: It may be helpful to refer to the difference chart Appendix D to see if the error or difference could be a transposition of numbers. IX. REVENUE OVER & SHORT POLICIES • All monies received are to be deposited intact with the County Treasurer. If, upon balancing daily receipts, it is discovered that the money to be deposited does not equal the total of the receipts, a cash over/short situation exists. • A revenue handler has a shortage when an unintentional collection error is made either due to negligence, an act of God, or a theft. Leaving money unattended and not properly safeguarded is an example of a revenue handler's negligence that could result in a loss of County money. • A revenue handler has an overage when too much money is collected and excess cannot immediately be returned to the customer. If, after an appropriate search and recalculation, the over/short situation still exists, take the following steps: a) Complete the transmittal form to the Treasurer as documented by the receipts. b) If the money to be deposited exceeds the receipt amount, record the overage as a positive amount to the revenue code for Cashier's Overage and Shortages. c) If the money to be deposited is less than the receipt amount, record the shortage as a negative amount to revenue code for Cashier's Overages and Shortages. d) For overages and shortages in excess of5$ 0.00 call it to the attention of the Department Head or Elected Official who must then bring it to the attention of the County Auditor via Report of Loss form. (See Reporting of Losses page 20). For over/under of less than $10.00 the Treasurers policy is to allow the over/under to be accepted as payment in full for tax payments. e) Under no circumstances shall an employee take or supplement money to be deposited in order to force the deposit to balance with receipts. 11 f) Under no circumstances shall a county office or department maintain a "slush fund" of money in order to accumulate overage amounts or pay shortage amounts. X. REVENUE TRANSMITTAL FORMS In order to complete the deposit of County funds, revenue handlers and/or department employees complete a Transmittal Form. The form documents the distribution of funds for that deposit. (See Appendix F) A Transmittal Form should be submitted for all amounts collected and deposited by the revenue handler. To insure that the monies are distributed to the correct fund, the form should identify the fund and BARS number(s), the deposited money's fund ownership and the source of collection. To complete the form correctly it must include: a. The signature of the preparer. b. The collecting location. C. The amount of the deposit and a breakdown of cash and check amounts. d. Distribution instructions (fund and BARS) XI. PAYMENTS RECEIVED IN THE MAIL 1. Open mail and segregate remittances from other mail. (If staffing allows, the person processing the mail and preparing the revenue for data entry should not be the same person processing the receipts through the cash register). 2. Put all unprocessed mail in the locked secured area or safe overnight. 3. Prepare non-cash payments (checks, money orders, and drafts) for immediate deposit with the County Treasurer. Be sure the check is signed. a. Use an endorsement stamp to restrictively endorse payment to the County Treasurer. The Treasurer will provide endorsement stamps upon request. 4. Establish an audit trail link between the check and a remittance accounting form. The audit trail link should provide you with enough information to allow you to reverse the remittance 12 accounting transaction when a deposited check is returned for non-sufficient funds (NSF) See Bank Returned NSF page 15. 5. If you have a check that is payable to the county but lacks information necessary to complete the accounting process, make a photocopy of the check and present the original check to the Treasurer's office where a receipt will be issued and the check will be deposited in the bank. The Treasurer's office places the money in a holding fund referred to as the Treasurer's Trust fund and records it until the deposit can be identified and transferred to the correct fund. 6. If you know that a check belongs to the County, but is not due to your department's activities, forward the check to the appropriate County department. Be sure to date stamp the payment envelope when received before forwarding it on. XII. ACCEPTANCE OF CHECKS 1. When accepting checks over the counter, revenue handlers should: • Check the written amount and the numerical amount. They must be the same. State law says if there is a difference between the two, the written amount is the correct amount for legal purposes. RCW 62A.3-114. The revenue handler can "guarantee" a check for the correct amount by writing such on the face of the check and initialing the guarantee. • Be sure the payer signs the check. • Watch for special wording on a check that may cause it to be void. (I.e., "Not good for over $1000.00 - or- "Void after 30 days". Any special instructions take precedent over state law.) • Accept checks for the amount owed only. Never give cash back for check issued for more than the amount owed. Payments received that are over or under the amount owed should be returned to the issuer, requesting the correct amount be submitted, unless set out in specific written department policies. • Departments may adopt the Over/Short Policy"$10.00 rule". The $10.00 rule" allows for payments under the amount owing to be accepted and applied to the customer's account by $10.00 or less, and considered "short". Payments over the amount owing by $10.00 or less, may be accepted and applied to the customer's account and be considered 'over". This positive/negative amount shall be posted to the appropriate over/short BARS revenue line for the department. 13 • Note the date of issuance on a check, checks written 180 days (6 months) prior to today's date may not be honored by the bank. Revenue Handlers should refuse acceptance of a post- dated check or a stale-dated check. • No foreign checks should be accepted unless they state "Payable in US Funds." • Never accept a two-party check. This is a check made payable to someone other than Mason County and endorsed to Mason County. • In departments with no recourse (Example: Solid Waste — a customer has paid to dump and the service cannot be reversed or cancelled), Revenue Handlers should require picture ID when the individual paying by check is not known. Be sure to check the ID to the check and the check writer. A driver's license number should be written on the face of the check. (Exceptions: Specific written department policy, Treasurer's Office, Courts, Permitting). • No employee or any personal checks may be cashed either from a cash drawer, change fund or petty cash. • Employees should never process their own business or that of family or close friends. • A restrictive endorsement should immediately be placed on the back of the check. When depositing funds with the Mason County Treasurer the following example should be followed: Mason County Health Department For Deposit Only Mason County Treasurer (Treasurer's account number) Or, when depositing into a bank account other than that maintained by the Mason County Treasurer: Mason County Health Department For Deposit Only (Your account number) 14 XIII. BANK RETURNED CHECKS • This policy applies to all checks made payable to the County Treasurer or a county department, which are returned by the bank. Checks may be returned due to insufficient funds, closed account, invalid signature, stop payment, or any other condition making the check invalid. • The bank will redeposit NSF checks one time. If returned the second time or for other reasons the Bank will debit the Treasurer's account and deliver the check(s) to the Treasurer. • The Treasurer's staff will contact the department to obtain a transmittal form with the appropriate fund and BARS numbers to debit. • The Treasurer's staff will debit (negative receipt) the fund and BARS account in the amount of the returned check. • Action should be taken by the department involved to stop service, or revoke taxes, license or permit, or other suitable action. Departments with no recourse to collect on NSF checks, should notify the Prosecuting Attorney's office if the amount exceeds $200.00, or if criminal prosecution is anticipated. No new goods or services will be provided until payment is received for the prior goods or services. The department will adequately document the action taken in their files and records. • The County will accept only the following as payment for a bank returned check: cash, money order, or bank cashier's check unless a wrong and/or closed account has been used mistakenly by a customer. • A returned item processing fee will be charged on all returned checks as prescribed by Resolution; the processing fee to be deposited to the appropriate fund and BARS for the Treasurer. For the current returned item processing fee — contact the Treasurer's Office. • If feasible, departments may want to maintain a list of persons who have checks returned by the bank and determine an internal policy for refusing acceptance of further checks. Multiple returned checks for the same person should be referred to the Prosecuting Attorney for possible criminal prosecution. • Departments who have legislative or court-appointed procedures for returned checks are exempt from this procedure (Examples: District Court, Superior Court and the Auditor's Office - DOL.) 15 XIV: CREDIT/DEBIT CARD USE Acceptance of payment by credit/debit cards has proven to have benefits such as, but not limited to; ease of use through electronic technology, mail and processing float reduction, improvement in funds availability, less risk associated with defective checks, reduced delinquent collections, more timely payments, and reduced interest and penalties for customers. • County departments may utilize credit/debit cards for payment of services or goods unless prevented by statute or policy. Processing fees associated with the use of any credit/debit card must be assumed by the customer, unless special approval has been granted by the BOCC. • In an effort to coordinate all aspects of the credit/debit card acceptance program, all departments participating in the use of credit/debit cards must implement credit/debit card use through the Treasurer. Please refer to the County Credit/Debit Card Policy. XV. ACCOUNTING AND PHYSICAL CONTROL OVER CASH RECEIPTS • Accounting control and physical control over cash receipts should be established at the point where funds first become accessible to county personnel. • Initial control of over-the-counter receipts should be established through the use of cash registers, or pre-numbered, multi-copy receipt forms. UNDER NO CIRCUMSTANCES should redi-form receipts be used. • The departmental cashier or accounting clerk will account for all pre- numbered multi-copy cash receipts forms that are printed for that department. Voided receipt forms will not be destroyed, but kept on file in department offices. • All receipt books issued to outside collection sites should be logged out and signed for by the Finance Manager for the department. The numerical sequence of receipt books and all pre-numbered receipts issued to outside collection sites shall be accounted for. 16 a. PREPARING RECEIPTS The following information should be entered on all receipts: • Amount • Date • Name of person or department transferring funds into your account • Name and number of fund(s) • BARS or other accounting system revenue number as applicable • Breakdown of the type of monies received (i.e. cash, checks) • The ID of the cashier receiving the monies XVI. DEPOSIT OF FUNDS WITH THE COUNTY TREASURER Receipts must be deposited in the bank or with the County Treasurer within 24 hours. Funds collected on the weekend or a holiday may be deposited with the County Treasurer the next business day if funds collected can be secured safely or funds may be deposited in the night deposit at the bank where the account is held. Arrangements for night deposits must be made through the County Treasurer's Office. The only exceptions to daily deposits must be by written agreement with the County Treasurer. The Treasurer has the discretion to grant an exception when daily deposits are not administratively practical or feasible for up to one week pursuant to RCW 43.09.240. Deposits may be made directly to the Treasurer's bank account through an ACH (Automated Clearing House) transaction. When a department is aware of a pending deposit (from a grant, State or Federal agency, outside vendor or any other revenue source) the Treasurer's office shall be notified of the expected revenue. The department shall forward a transmittal for use by the Treasurer to account for and deposit such revenues. 17 XVII. DIRECT DEPOSIT TO BANKS The circumstances in which funds of the county are deposited directly into an account other than the account held by the Mason County Treasurer should be minimal and limited only to situations, which fall into the categories as follows: • Off-site receipting takes place at a distance from the county courthouse where it is not feasible to drive to the Treasurer's office daily to make deposits. The Bank designated by contract with the Mason County Treasurer should be used, unless there is no branch in the community to which deposits are made. Written agreement with the County Treasurer shall be entered into prior to creating such an account. • Trust and/or Restitution Funds with banks designated by the courts. • Imprest funds where checking accounts are maintained (petty cash, revolving funds, drug funds etc.). All requests for Imprest funds must be obtained through the Treasurer's Office. XVIII. TRANSFER OF BANK FUNDS TO THE COUNTY TREASURER When funds are direct deposited into another bank, they must be transferred to the County Treasurer (either electronically or by check) at least weekly when amounts in the account totals more than $500. Express permission to do so must be granted by the County Treasurer in writing. (Exception: petty cash, trust or restitution funds.) XIX. RECONCILIATION OF BANK ACCOUNTS Bank accounts must be balanced (reconciled) to the bank statement monthly. All funds shall be reconciled by a person not having daily checking account management responsibility or for preparing and signing the checks. Copies of reconciled bank statements are required to be submitted to the Treasurer's Office on a monthly basis to meet required State reporting. 18 XX. PETTY CASH For the purpose of this manual, Petty Cash includes change funds, working funds, revolving, etc.; i.e. any sum of money or other resources set aside for such specific purposes as minor disbursements, making change, or similar uses. If petty cash is disbursed, it must be restored to its original amount at least monthly by a warrant drawn and charged to the applicable operating fund. The amount of the warrant should equal the aggregate of the disbursements. • All petty cash, imprest accounts will be pre-approved by the county Treasurer for validity. County Commissioners must then authorize each petty cash, or imprest account by resolution or ordinance; likewise subsequent increases or decreases in the imprest amount. All petty cash, revolving funds and imprest accounts must have a custodian of the funds identified and filed with the Mason County Treasurer (see Appendix 1). • The department shall assure that the amount in the petty cash or imprest accounts are periodically counted and reconciled by someone other than the custodian. • The custodian shall assure the petty cash or imprest account is kept in a safe, or secured area. • The petty cash or imprest amount shall be established by issuing a warrant. When established by warrant the transaction is a non-budget item. • The County Auditor shall include the authorized amount of all such petty cash in the county's general ledger. • If petty cash is disbursed, it must be replenished at least monthly. The replenishment should be subject to the same review and approval as processed invoices. Replenishment must be by voucher with the appropriate receipts attached. Receipts should show: • Date • Amount • Recipient • Purpose • The person receiving the money, must sign receipts. 19 • Receipts should be perforated or canceled by some other means to prevent reuse. At the time of replenishment, the Custodian should ensure that the balance remaining in petty cash, together with the amount of the replenishment voucher, equals the authorized petty cash or imprest account amount. • The fund may not be used for personal cash advances even if secured by check or other IOU. • Petty cash and imprest accounts should always be replenished by the end of the fiscal year so that expenses will be reflected in the proper account period. • When an individual's appointment as Custodian is terminated, the fund must be replenished and the imprest amount turned over to the disbursing officer. The County Treasurer must be notified of a change in Custodian at the time the event occurs. XXI. REPORTING OF MISAPPROPRIATIONS OR LOSSES In the event of a suspected or detected loss of public funds or assets or other illegal activity, it is important that correct procedures be followed in order to minimize the loss, assist investigations, prevent improper settlements, expedite bond claims and protect employees from false accusations. • Any person, who discovers a loss or theft of County money or assets, shall immediately notify their Department Supervisor. • The Department Head/Elected Official should immediately report the suspected loss to the County Auditor and/or County Treasurer any time the loss is over $50. (See appendix G) • The County Auditor and/or County Treasurer should immediately report the suspected loss to the State Auditor's Regional Audit Manager. • The County Auditor and/or County Treasurer shall also make a report to the Prosecuting Attorney and any other parties who may need to know of the loss. • DO NOT attempt to correct the loss. Report it as previously stated. 20 • DO NOT destroy any pertinent records. All original records should be secured in a safe place, such as the vault in the Auditor's office or in the case of a loss in the Auditor's office then in the Treasurer's vault, until the Office of the State Auditor completes the investigation. Reference: State of Washington Office of State Auditor "REPORTING POSSIBLE MISAPPROPRIATIONS OF PUBLIC RESOURCES" procedure. • Follow procedures outlined in Cash Over and Short Policy. XXII COUNTERFEIT MONEY Revenue handlers shall be supplied by their departments with counterfeit detection pens. Revenue handlers should swipe twenty dollar bills and larger denominations with counterfeit detection pen. If funds being accepted by a Revenue Handler are suspected of being counterfeit, the following procedure is to be observed: • DO NOT return the money to passer • Note the passer's description, the description of any companion and if possible, the license number of the vehicle used. (Document the transaction using form Appendix A) • Contact Dispatch and report the incident. Depending on department location, law enforcement responders may be a city police officer or a county sheriff deputy. Only call 911 if the situation escalates into an emergency and notify courthouse security if applicable. • Write your initials and the date on the bill using a post-it note. • Handle the bill as little as possible to preserve any fingerprints and place it in a protective cover. • Surrender the bill only to law enforcement authorities. • Notify the department head and Risk Management Director. • Do not accept it as payment. • If a counterfeit bill is detected in the close out/balancing process, report as a cash shortage with a notation on the balancing documentation. 21 • Notify supervisor/department head immediately. Follow procedures listed above to the extent possible. a. Altered Currency - Taking a genuine bill and tearing off a corner or two of a smaller bill such as a $1 or $5 bill and then replacing these corners with the corners of a larger bill such as a $10, $20 or $50 bill is altering currency. The original larger denomination bill is still redeemed at full value as mutilated money with one or more corners missing. The Treasurer's office recommends as a standard practice counting currency by looking at the face on the bill not at the denomination in the corners. (See example Appendix H) XXIII. SAFEGUARDING FUNDS IN AN EMERGENCY In the event that an emergency occurs and/or evacuation of the department or work site is imminent, after determining the safety of all persons in the immediate work area, all cash must be secured in a locked location. Responsibility lies with the Department Director and/or their designee. a. FIRE, BOMB THREAT, In the event of a fire, secure all money by locking the cash drawer, and vacate the building as soon as possible. Remember in the situation of a fire or bomb threat, protecting people is of greater importance than retrieving county funds. If there is adequate time, secure money in safe or vault and then vacate the premises. XXIV.TEMPORARY EMPLOYEES AS CASH HANDLERS Temporary employees, hired through a third party agency, may be utilized as Revenue Handlers only if they are bonded or insured through the third party agency. Departments should make inquiry of the leasing agency as to the employee's bonding status and document prior to assigning duties. Temporary employees are required to review the County Revenue Handling Policy before handling any revenue following the procedures as set out in Section IV, REVENUE/CASH HANDLER TRAINING of this policy and procedures. Temporary employees hired by a county department may be utilized as a revenue handler following the procedures as set out in Section IV. REVENUE/CASH HANDLER TRAINING of this policy and procedures. 22 XXV. NON COUNTY MONEY a. Found Property: Non-county money found by a County officer, employee or agent while performing County duties. • Any County officer, employee, or agent who finds non-County money while performing county duties shall immediately turn the money and a report over to the County Treasurer. The County Treasurer will deposit the non-county money into the Treasurer's Trust Fund and hold it until it can be returned to the rightful owner if identified. The Treasurer will hold the funds in Trust for no more than six (6) months. If such funds are not identified the funds will be deposited as "Unclaimed Property" into the appropriate county fund. b. Unclaimed Property: Non-County money belonging to an unknown owner or a known owner who cannot be located by a County officer, employee, or agent responsible for returning the property to the owner. • The County Treasurer acts as a trustee, with the exception of the courts, when the original depositor cannot be located, the payable but undistributed money becomes "UNCLAIMED PROPERTY" and reported to the Washington State Department of Revenue. XXVI. ROBBERY Robbery is the most threatening condition a County employee/revenue handler might experience. It is important for County employees/revenue handlers to be trained on how to counteract robbery as well as know the procedures to follow during and after a robbery. The average robbery takes 90 seconds from start to finish so be prepared to react quickly. PROCEDURES TO FOLLOW DURING A ROBBERY These procedures should be familiar to all County revenue handlers long before they should ever be needed. Department heads are responsible for making sure their employees are well acquainted with them. • ALWAYS ASSUME THERE IS A WEAPON EVEN IF YOU DO NOT SEE ONE. 23 • Be polite and accommodating. A nervous person is committing the robbery. Do not upset or antagonize the robber. The calmer you are, the calmer the robber will remain. • Keep talking to the robber. Explain your every movement such as "Now I'm taking the key out of this drawer to unlock..." Avoid making any quick movements that might alarm the robber. • DO EXACTLY AS THE ROBBER ASKS. Attempt no heroics. You may put the lives of innocent people in jeopardy when you to try to be a hero. • Observe the robber but don't stare. Try to remember the distinguishing features of the robber. You will be asked to describe the robber at a later date by completing the enclosed description form Appendix A. • Watch over all evidence left by the robber. Remember everything the robber touches and try not to touch those things. • Listen to the voice, inflections, names, slang and so on that the robber uses. • Do not leave the premises or call 911 until it is safe to do so. PROCEDURES TO FOLLOW AFTER A ROBBERY Once the robber has left the building: • Close your cash register or drawer, lock the entrance door and notify your immediate supervisor about the robbery. • Call 911 and stay on the line until the police arrive. • Provide 911 with the following information: - Your address - Who you are - What happened - Where you are located • Protect the area where the robber may have left fingerprints until the Sheriff/Police arrive. • Do not speak to anyone until law enforcement responds, then speak only to the law enforcement officer(s) responding to the scene and completed any required reports. 24 • You may be asked to take the names and addresses of those who witnessed the robbery. • No one except authorities and your Department officials should be allowed in the facility after the robbery. 25 GLOSSARY Altered Currency Currency that has been changed or tampered with in order to attain a greater amount for the currency than its face value. Cashier's Check A cashier's check is a check guaranteed by a bank, drawn on the bank's own funds and signed by a cashier. Cashier's checks are treated as guaranteed funds because the bank, rather than the purchaser, is responsible for paying the amount. Money Order Often used by people who do not have checking accounts. One of the main benefits of a money order is that it is more trusted than a personal check, because it is prepaid. Money orders can be obtained at many locations. Just like a check a money order may have a stop payment placed on it by the purchaser. Beginning Cash Cash in cash handler's drawer at start of day or shift. Cash Drawer Drawer used to store currency, coin and checks during cash handler's shift when completing transactions. This drawer should be locked when the cash handler is away for any reason. Check Draft or order on a bank to be drawn upon a deposit of funds for the payment of a certain sum of money to a person named or to a bearer and payable on demand. Cash Transmittal Form Mason County document that records revenue for a specific department. Counterfeit Currency or coins that have been fraudulently manufactured. Creating counterfeit money is a felony. Makers are subject to fines and imprisonment. 26 Deposit To leave money with a bank or the Treasurer's office for credit to a bank account or fund. Deposit Slip Slip on which a depositor lists cash and items deposited. Dual Control A situation in which two people work together cooperatively in the verification of one another's work. Method of maintaining security whereby two individuals must be present during transactions involving risk. Dual control is accomplished through the proper aggregation of key and combination assignments for entry into secured areas. Embezzlement A fraud committed when an employee steals or assists another to steal. Fraudulent misappropriation of money or property entrusted to one's care. Ending Cash Cash in a cash handler's drawer at the end of the day or shift. Endorsement Signature placed on the back of a negotiable instrument according to law, which transfers the instrument to another party. Forgery The alteration of a document or instrument with fraudulent intent. Fraud An attempt to obtain funds in other than appropriate and legal means. Guaranty/Bond Deposits Money deposited with the County Treasurer's Office and held in trust during a specified period of time. This money is refundable if not needed. Hold The restriction of payment or part or all of the funds in an account. Identification Information piece that guarantees that its holder is truly who he or she claims to be and who is detailed on the information piece. Im rest A loan or advance of money 27 Loss A cash handler obtains physical custody of money and then, due to negligence, theft or other reason cannot deposit that money with the County Treasurer. Check MICR Line Magnetic Ink Character Recognition. Magnetic codes on the bottom of the check that indicate bank account number, check number and dollar amount of check that provides a way for the machine to read the check. No Recourse When a department is unable to stop or reverse services for a customer whose check for such services is returned for non-payment Monies Cash, checks, money orders, drafts, warrants, travelers checks NSF Non-Sufficient Funds Checks returned by the bank due to insufficient funds, closed account, invalid signature, stop payment, or any other condition making the check invalid. Overage Amount by which cash or its equivalent exceeds the proper balance. Over/Short Account Specific account those departments can use to document when a deposit is over or short. Departments may adopt the Treasurers policy of $10.00 threshold for over/short. Payee Party to whom a check is payable Payer Party si ning the check. Return Item An item returned unpaid by a payer bank. Petty Cash A revolving fund for very limited purposes. They provide a given amount of cash on hand, the primary purpose being to provide change. Some petty cash funds are used for small expenditures and reimbursed by voucher. Postdated check Check dated ahead. It is not payable until the date written on the check. 28 Revenue See monies Shortage An unintentional collection error made by the cash handler such as he/she did not obtain physical custody of money or a change making error. Stale Dated Check Check is for a prior date 180 days or more before today's date. Bank may no longer honor check. Stop Payment Notification that a restriction has been placed on one's ability to cash a particular check. If a check has been lost or stolen, or if payment no longer should be made, a stop payment is initiated by the customer. Transmittal See Cash Transmittal Form Appendix F Warrant An order drawn by the County Auditor upon the Treasurer directing the Treasurer to pay a specified amount to the person named or to the bearer. 29 Appendix A Robbery Description_Report Locatlon &Address '­ . lEmployoo Name&Address Complete the Following information as soon as possible after a robbery BEFORE YOU COMPARE NOTES WTTI{ ANYONE ELSE. Circle and describe only those items you are sure of. DON'T GUESS. Give the completed form to an Investigating police officer or your suporvisor._ Desai lion of Robber Race Sex Age Helght Weight BuII Female Male Slender Medium Fat Heavy Eyes Blue Gray_ Hazel Brown Green Black Wide-Spread Squinty Twitchy Eye pouches Glasses(if worn) Sunglasses Metal frames Plastic frames Color. Complexion Sallow Light Ruddy Swarthy Freckled Clear Pimpled Pock marked Suntanned Hair Color v Blonde Red Light Brown Dark Brown Black Gray Partially Gray Sandy Bleached Other: Hair Style Bald Partially Bald Straight Wavy Curly Long Short Medium length Crewcut Afro Unkempt Other Nose Normal Short Narrow Y Broad Pug Roman Broken Ski-slope Other: Mouth Normal Narrow Broad Thin lipped Thick lipped Hare Ilp Other: Teeth Good All missing Several missing Capped Stained Decayed Gaps False Buck teeth _ Braces Crooked Other: Chin Narrow Broad Receding Protruding Cleft Dimple Square Double Other: Facial Hair Clean shaven Unshaven Full beard Partial beard Moustache Sideburns Describe(color&style): Eyebrows: Bushy Thin Describe(color,etc): Ears Protruding Cauliflower Normal Large Small Close to Head Other: ­ Ear Lobes: (Attached ! Unattached) Pierced: (Right Ear Only ! Left Ear Only J Both Ears) I' Head Round Long Normal forehead Receding forehead Other: Face Square Thin_ Heart shapod Oval Round Bab faced Hollow cheeked Fingernails Long Short Medium length Clean Dirty Well manicured Broken Chipped Polished(color): Speech Loud Soft Rapid Slow Profane Refined Raspy Lisp Effeminato Nasal Stutters Stammers Other: Accent None Southern New England Spanish English Western Other: Scars,Marks _ Other Prominent Tattoos _ _ _ Heavy Scars Physical Moles Birthmarks Characteristics Warts Lines or Wrinkles Twitch Prominent Adam's Apple Describe and Other: Indicate where located ^- -- Clothing Hat Skirt Overcoat Shirt Circle it wearing Raincoat _ Dress Item and briefly Jacket V Tie describe(i.e.color, Shoes Gloves material,style,etc.) Hose _ Other: Trousers Jewelry Rings: Right Hand No. of Rings-.- Describe: ings:Describe: Lett Hand No. of Rings: Describe: Wristwatch: Right Wrist Left Wrist Describe: Pln(s) _ Tie Clasp Bracelets Earrings Necklaces Other: Amputations_ Yes No Location; Deformities None Stooped Shouldered Hunchback Stiff Fingers Crippled Arm(Rlght/Left) Deformed Hand(RlghtlLeft) Crippled Leg(Rlght/Lah) Crippled Foot(Rlght/Leh) Bowloggod Other: _ Personal Chewed Gum Cigar Pipe Clgarette Nervous Calm Intoxicated Liquor on Breath Characteristics Righl Handed Left Handed_ Smiling Licks Lips Bites Fingernails Mask or Yes No Describe: False Face Weapon Nona Displayed Revolver Automatic Rifle Shotgun Long Barrel Short Barrel Knife Other: Method of Escape Car On Foot Don't Know Other; Direction of North East South West Travel Street: Vehicle Used Year: Make: Color: License No: State; Addltlonal Did Robber use his/her Name? Yes No It Yes,state below; Remarks/Comments Name: Did Robber use a Note? Yes No Additional Notes or Descriptions: I Signature of Employee Data Employee Home Address 1 Information l Home Phone No. Business Phone No. Appendix B Currency is usually strapped in the following amounts: DENOMINATION BAND STRAP 100'S $1,000 50's $1,000 20's $500 $2.000 10's $250 $1,000 5's $100 $500 2's $.50 $200 1's $25 $100 Coin is wrapped in the following amount: DENOMINATION AMOUNT $1.00 Eisenhower $20 $1.00 Susan B. $25 $0.50 _ $10.00 $0.25 $10.00 $0.10 $5.00 $0.05 $2.00 $0.01 $0.50 _t-'4Vvv cis APPENDIX C 1FIEZDFEE RAL_ RESERVE GHE(--K HANDI_INO RUL_E8 T7 Effective September 1, 1988 When taking checks for payment, the endorsement on the bacl of the check crust be kept within 1.5 inches from the trailing edge of -the check. qA�¢� The remainder of the back of the check must be left blank. �jr ; ALL identification notations, such as Drivers License numbers must be placed on the FRONT of the check. i PLEASE NOTE: FOR DEPOSITS MADE AT THE TREASURER'S OFFICE, C$ECKS SHOULD BE ENDORSED BY THE DEPARTMENTS JUST AT OR BENEATH THE NDORSEMENT LINE. THE TREASURER' S OFFICE SCANS ALL CHECKS DEPOSITED `. WITH US AND THE SCANNER PRINTS A DIGITAL "FOR DEPOSIT ONLY" THAT NEEDS A 1 INCH SPACE. -, tcheck front) GUISEQUM coLLKT►NG 90M UDIPOVTARY •kw Q , Pr 0 LEADING A •ens.m .,�: •SEOwTEMSEPI IOU EDGE .• ,T �� Rpt Z •�:; � �r• /rte -•i rn t 3- - .: n 1+ 0 11 ,A.. J �•L� � V y (check back) `•�f',�1' 4.: .F!�j.r 3:11 ��� _ I'� LEAVE $LARK �'e_°' ENDORSEMENT AREA Appendix p 1. Where the difference between debits and credits is divisible by 9, there is likely to be an error in transposition. Thus, posting or listing 18 as 81 will cause an error of 63. 63 r 9 - 7 The chart below will show possible figures that may have been transposed to cause differences. Amount of difference 63 - possibilities 7-70, 18-81, 29-92. Amount of Difference Figures that may have been transposed 9 ! 01-10 12-21 23-32 34-43 45-54 56-65 67-76 78-87 89-98 18 02-20 13-31 24-42 35-53 46-64 57-75 68-86 79-97 27 03-30 14-41 25-52 36-63 47-74 58-85 69-96 36 04-40 15-51 26-62 37-73 48-84 59-95 45 05-50 16-61 27-72 38-83 49-94 54 06-60 17-71 28-82 39-93 63 07-70 18-81 29-92 72 08-80 19-91 81 09-90 2. To determine if a large amount could be a transposition. add the dieits and if the result is equally divisible by nine, the difference may be a transposition. To find the exact amount that may have been transposed, divide the actual difference by nine. For example: Difference 12,645.36 Total of digits 27 Equally divisible by nine 3(Nothing left over) 12,645.36 -= 9 - 1,405.04 14,050.40 - 1,405.04 - 12,645.36 3. TRANSPOSITION REVERSING 1ST AND 3RD DIGIT NUMBERS 99 102-201 203-302 304-403 405-504 506-605 607-706 708-807 809-908 198 103-301 204-402 305-503 406-604 507-705 608-806 709-907 297 104-401 205-502 30603 407-704 508-805 609-906 396 105-501 206-602 307-703 408-804 509-905 495 106-601 207-702 308-803 409-904 594 107-701 208-802 309-903 693 108-801 209-902 792 109-901 (0 may be replaced by any number• 2nd digit) 4. If the difference is divisible by 99,it is likely caused by a slide. The precise slide to look for can be determined. Thus,suppose the difference is $43.56. $43.56 r 99 - 44 4 Error likely to be $44.00 posted as 444 This applies to a 2 decimal slide only. For a three decimal slide divide by 999. S. If the balance is "out" an amount which is exactly.divisible by 2, the error may have resulted from posting or listing to the wrong side of an account. Thus, posting or listing a debit of 560.00 as a credit will result in a balance which is "out" $120.00. A cash-in listed as an out will put you out of balance double the amount listed, (or an 'out' listed as an 'in'), 6. If Sharp rnaclune is used,check for error in Z outs. Appendix E 'liVhen Money Wears Out or is Damagsc, Even though American When a bill is scorched or Take unfit or mutilated bills money's unique paper is otherwise partially destroyed, to a bank for redemption. strong and durable, it does the Treasury Department will When partially destroyed wean out with constant replace it if clearly more than currency is of questionable handling. half of the original note value, the fragment should be Banks send worn bills to the remains. Fragments of sent by registered mail to the Treasury Department to be mutilated currency which are Department of the Treasury, destroyed and exchanged for not clearly more than one Bureau of Engraving and new ones. The denomination half of the original whole Printing, OCSIBEPA, Room most commonly replaced is note may be exchanged only 344, P.O. Box 37048, the $1. There are almost two if the Commissioner of the Washington, D.C. 20013. billion $1 bills in circulation, Bureau of Government and the life expectancy of Financial Operations is each is only about 18 satisfied by the evidence months. Since larger presented that the missing denominations are handled portions have been totally less, they last longer. destroyed. r f 12 M67 89A Ln DII az 2M6789 A PARKS DEPARTMENT Appendix F ACCOUNT DESCRIPTION AMOUNT :,jAdN[QbjfttlP, LinelD AcctOesc 001.000000.055.000 348.90 300000 0000.00 INTERNAL SALES AND SERVICES 001.000000.146.000 347.30 302000 0000.00 FIELD RENTAL 001.000000.146.000 347.30 304000 0000.00 BOAT LAUNCH 001.000000.146.000 347.90 301000 0000.00 OTHER FEES/SPONSORSHIP PROGRAM 001.000000.146.000 362.50 300000 10000.00 SPACE AND FACILITIES LEASES-LONG TERM 001.000000.146.000 362.80 300000 0000.00 CONCESSION PROCEEDS 001.000000.146.000 367.11 300000 0000.00 GIFTS,PLEDGES,GRANTS FROM PRIVATE SOURCES 001.000000.146.000 369.90 300000 0000.00 OTHER MISC REVENUE 001.000000.146.000 389.10 300000 0000.00 NON-REVENUE,REIMBURSE 001.000000.146.000 397.00 300351 0000.00 TRANSFERS IN-REET 2 001.000000.146.000 397.00 300000 0000.00 TRANSFERS IN 001.000000.146.110 347.30 301000 0000.00 BATTING CAGES 001.000000.300.310 395.10 310000 0000.00 SALES OF CAPITAL ASSETS 350.000000.000.000 318.34 300000 0000.00 REET 1 -COUNTY 350.000000.000.000 369.90 300000 0000.00 OTHER MISC REVENUE 350.000000.000.000 389.10 300000 0000.00 NON-REVENUE,REIMBURSE 350.000000.100.000 334.02 340601 S1221-0270H COULTER CREEK PARK 350.000000.100.000 334.02 370601 S1221-0270H COULTER CREEK PARK 350.000000.300.000 342.30 304000 0000.00. DETENTION&CORRECTION SERVICESISWIFT&CERTAIN 350.000000.300.000 397.00 300205 0000.00. TRANSFER INISHERIFF OFFICE 350.000000.300.200 333.15 1392000 F1217-15904A ARRA-COURTHOUSE INTERIOR REHAB 350.000000.300.300 342.3 304000 0000.00. JAIL RENOVATION-SWIFT&CERTAIN 351.000000.000.000 318.35 300000 0000.00 REET 2-COUNTY 351.000000.000.000 369.90 300000 0000.00 OTHER MISC REVENUE 351.000000.000.000 389.10 300000 10000.00 NON-REVENUE,REIMBURSE 351.000000.100.000 333.15 391130 F1218-15916A OAKLAND BAY COUNTY PARK TRAILS DEVELOPMENT 351.000000.100.000 334.02 373110 S1222-0273J WA ST REC&CONCERV/UNION BOAT RAMP 351.000000.100.000 334.03 310220 S1223-0310M SUNSET BLUFF RESTORATION 351.000000.100.000 369.90 1 300000 0000.00 OTHER MISC REVENUE 351.000000.100.000 389.10 300000 0000.00 NON-REVENUE, REIMBURSE 351.000000.100.000 395.2 300900 0000.00 INSURANCE RECOVERY/CAPITAL ASSETS 351.000000.400.000 367.12 300220 0000.00 GIFTS&DONATIONSISUNSET BLUFF PARK STEWARDSHIP TOTAL $ Date Checks Cash Prepared By: Credit Card Other EFT Received By. TOTAL $ Appendix G REPORT OF LOSS OVER/SHORT Any revenue loss or overage in excess of$50.00 must be reported to the Department Head/Elected Official,then to the Mason County Auditor(pursuant to the Mason County Revenue Handling Policy)via this form. The submission should include all relevant documentation. Date of occurrence: Department: Overage Amount: Shortage Amount: Employee(s) involved: Explanation of overage/shortage: Was activity leading to overage/shortage in accordance with the Mason County Revenue Handling Policy? Yes No (if no, please explain) How could overage/shortage have been avoided? What steps will be taken to prevent such an occurrence from re-occurring? Department Head/Elected Official Date Received by: Mason County Auditor Date r __ I!Tfid'► ,1�It L 95237525 0 -A A-4111KIrMNA) 12 i-AP It Y f.+ _ D -o co X Appendix I Revenue/Cash Handling Policy and Procedures Review Certification Form I, (employee name) within the Mason County (department name) hereby, certify that I have reviewed and understand the policies and procedures set out in the Mason County Revenue/Cash Handling Policy and Procedures document. Print Employee Name Employee Signature & Date Department Supervisor & Date For Treasurer's Office Use: Date Received: Received By: Appendix J Mason County Revenue (Cash) Handling Policy & Procedures Petty Cash, Revolving Fund & Imprest Account Custodian Identification Form Whereas, the Mason County Revenue (Cash) Handling Policy and Procedures states in part, XX. PETTY CASH........all petty cash, revolving funds and imprest accounts must have a custodian of the funds identified and filed with the Mason County Treasurer." Therefore the following petty cash/ revolving funds and imprest accounts located within (Department name) are listed below along with the name(s) of the custodian(s): TYPE OF FUND NAME OF CUSTODIAN PRINT NAME & DEPARTMENT SIGNATURE & DATE Mason County Treasurer use only: Date Received: Received By: