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HomeMy WebLinkAbout2020/03/02 - Briefing Packet March 2.1 BOARD OF MASON COUNTY COMMISSIONERS DRAFT BRIEFING MEETING AGENDA 411 North Fifth Street, Shelton WA 98584 Week of March 2, 2020 Monday, March 2, 2020 Commission Chambers 9:00 A.M. Executive Session — RCW 42.30.110 (1)(i) Potential Litigation 9:15 A.M. Closed Session — RCW 42.30.140 (4) Labor Discussion 9:30 A.M. Support Services- Frank Pinter 9:40 A.M. Public Works — Loretta Swanson Utilities &Waste Management 10:00 A.M. BREAK 10:05 A.M. Community Services — Dave Windom 11:00 A.M. Sheriffs Office — Sheriff Salisbury/Undersheriff Adams Commissioner Discussion — as needed Tuesday, March 3, 2020 10:00 a.m. Department Head/Elected Official meeting regarding COVID-19 (formerly referred to as Novel Coronavirus) Briefing Agendas are subject to change,please contact the Commissioners' office for the most recent version. Last printed 03/02/20 at 11:13 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 March 2, 2020 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. pI3 CO . e� 1854 ,. MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Frank Pinter DEPARTMENT: Support Services EXT: 530 BRIEFING DATE: 3/2/20 PREVIOUS BRIEFING DATES: N/A (If this is a follow-up briefing, please provide only new information) ITEM: Approval of the January 203.9 — December 2021 Collective Bargaining Agreement (CBA) for Woodworkers Local Lodge W38 IAM representing Mason County Sheriff's Office Corrections& Support Staff. BUDGET IMPACTS: Supplemental—Funded by Ending Fund Balance. BACKGROUND: The exclusive representatives of Woodworkers Local Lodge W38 IAM representing Mason County Sheriffs Office Corrections & Support Staff have reached a tentative agreement with Mason County for the 2019-2023.term. It is noted and commended to the Commissioner's that the parties reached this Agreement through a very collaborative negotiations process. RECOMMENDED OR REQUESTED ACTION: Approval of the January 2019 — December 2021 Collective Bargaining Agreement (CBA) for Woodworkers Local Lodge W38 IAM representing Mason County Sheriff's Office Corrections&Support Staff. ATTACHMENTS: Collective Bargaining Agreement on file with Clerk of the Board. Briefmg Summary 2/27/2020 AGREEMENT , January 1, 2019 — December 31, 2021 , BY AND BETWEEN MASON COUNTY SHERIFFS OFFICE P AND WOODWORKERS LOCAL LODGE W38 I.A.M. CORRECTIONS/SUPPORT STAFF y c . 'fib Off p� -Collective Bargaining Agreement Corrections/Support MCSO Collective Bargaining Agreement 2019-2021 1 TABLE OF CONTENTS PREAMBLE.................................................................................................................................................1 ARTICLE1-RECOGNITION........................................................................................................................1 ARTICLE2-UNION SECURITY...................................................................................................................1 ARTICLE 3-COMMITTEES.........................................................................................................................2 ARTICLE 4-RIGHTS OF MANAGEMENT.....................................................................................................2 ARTICLE 5-DISCRIMINATION...................................................................................................................3 ARTICLE6-HIRING...................................................................................................................................3 ARTICLE 7-SENIORITY..............................................................................................................................4 ARTICLE 8-CURTAILMENTAND RECALL...................................................................................................4 ARTICLE 9-EVALUATION AND DISCIPLINE...............................................................................................5 ARTICLE 10-GRIEVANCES........................................................................................................................7 ARTICLE 11-WAGES AND ALLOWANCES................................................................................................10 ARTICLE12-OVERTIME..........................................................................................................................12 ARTICLE 13-EDUCATION COMPENSATION ...........................................................................................15 ARTICLE 14-ADDITIONAL COMPENSATION...........................................................................................15 ARTICLE15-VACATION........................................................................................................................167 ARTICLE 16-HOLIDAYS...........................................................................................................................18 ARTICLE 17-SICK LEAVE..........................................................................................................................20 ARTICLE 18-BEREAVEMENT LEAVE.......................................................................................................21 ARTICLE 19-FAMILY LEAVE/MILITARY LEAVE........................................................................................21 ARTICLE 20-INCLEMENT WEATHER ......................................................................................................22 ARTICLE 21-SALARIES AND SALARY NEGOTIATIONS..............................................................................23 ARTICLE22-INSURANCE........................................................................................................................23 ARTICLE 23-EMPLOYER RELATIONS......................................................................................................24 ARTICLE 24- USE OF RESERVES AND VOLUNTEERS................................................................................25 ARTICLE 25-UNIFORM ALLOWANCE.....................................................................................................25 ARTICLE 26-BULLETIN BOARD AND PRESS RELEASES...........................................................................26 Corrections/Support MCSO Collective Bargaining Agreement 2019-2021 11 ARTICLE 27-FALSE ARREST INSURANCE AND CIVIL LIABILITY INSURANCE ................................................27 ARTICLE 28-SAFETY COMMITTEE...............................................................................:..........................27 ARTICLE 29-SAVINGS CLAUSE...............................................................................................................27 ARTICLE 30-DURATION AND TERMINATION................:........................................................................27 ATTACHMENT„A" -WAGES....................................................................................................................29 ATTACHMENT"B"-GRIEVANCE FORM..................................................................................................31 f r Corrections/Support MCSO Collective Bargaining Agreement 2019-2021 111 t PREAMBLE This Agreement is entered into by and between the County of Mason, a political subdivision of the State of Washington, and the Mason County Sheriff's Office, acting through the elected sheriff, hereinafter jointly referred to as'the "County" and the Woodworkers Local Lodge W38 I.A.M. hereinafter referred to as the "Union". The purpose of this Agreement is to provide and promote harmonious relations between the County and the Union, and to establish equitable and peaceful procedures for the resolution of differences and to establish salaries, wages,. hours of work and other terms and conditions concerning employees and employment. Job duties of Corrections and Support Staff will be in keeping with the duties outlined in the appropriate published job description, subject to the right retained by the Sheriff to.assign other duties as necessary in accordance with written policy. The County and the Union agree as follows: ARTICLE 1 RECOGNITION The County recognizes .the Union as the sole and exclusive bargaining agent for the purpose of negotiations concerning salaries,, hours, and' other conditions of employment for all the corrections/support staff in the Sheriff's Office,except the Sheriff's appointed positions pursuant to RCW 41.56.030. ARTICLE 2 UNION SECURITY 2.1 Membership No employee in the bargaining unit shall be required to become a member of the Union as a condition of employment. It is recognized that the Union is required both under law and under this Agreement to represent all of the"employees in the bargaining unit fairly and equally without regard to whether or not the employee is a member-of the Union. 2.2 Union Dues and Fees /The Employer shall make deductions for Union dues and/or service fees in the amount certified by the Union Secretary from the wage`s of each employee in the bargaining unit who executes a properly.written authorization and such deductions shall be remitted each month to the Union. New employees other than provisional or emergency appointees shall be given thirty(30)days in which to authorize dues deductions. Union representatives shall be given time with each new employee to discuss Union membership, consistent with State Law. The Union agrees to supply the Employer, annually, with a statement of deduction to be withheld each month. The Employer shall make deductions for.the current month's dues and/or service fees only and shall not be responsible for the collection of any dues or service fees that may be in arrears., Deductions shall be promptly transmitted to the Union by check payable to its order or EFT. Upon issuance and transmission of the check-to the Union, the Employer's responsibility shall cease with respect to the deduction covered thereby. An employee may.cancel their payroll deduction of dues and/or service fees by written notice to the Employer and/or the Union, either-of whom will notify the other.The cancellation will become effective on the second payroll after receipt of the notice. 2.3 Maintenance Corrections/Support MCSO Collective Bargaining Agreement 2019-2021 1 The Union agrees to indemnify,defend and hold harmless the County from any and all claims and actions that arise as a result of actions taken by the County in administering this Article of the Agreement. The Union shall refund to the Employer any amounts paid in error on account of the check-off provision upon presentation of proper evidence thereof. If a dispute arises,the mechanism for resolution provided under RCW 41.56 will be followed: ARTICLE 3 COMMITTEES 3.1 A-Union official who is an employee in the bargaining unit shall be granted reasonable time off with pay while conducting contract negotiations or meetings with the County. No more than three (3) Union official/representatives shall be released from work at the same time, provided they are not all from the same scheduled shift, and an effort will be made in scheduling to minimize any operational impact on the County. 3.2 The County shall appoint a Negotiating Committee of one or more persons, which shall act on behalf of and under the guidance of the Board of County Commissioners. 3.3 The Union will appoint member to serve as a Shop Steward. Each steward will be expected to perform his/her duties as a representative of the Union Members on his/her own time. However, it is recognized that from time to time, it will be necessary for the steward activities relating to the investigation and processing of complaints, disputes, and grievances to be conducted during work hours when permission has been granted by their immediate salaried supervisor. The County retains sole discretion on whether permission will be granted and will be evaluated based on the operational needs of the County. 3.4 The parties have the right to communicate with each other and provide notice on matters of concern using e-mail,written correspondence,and telephonic communications. Notice is deemed served if communicated to a member of Command Staff or Human Resources for the Employer or the Business Representative, Sub Local Chairperson or Steward for the Union, who agree to ensure that their own constituents are notified and copied appropriately. The parties agree to respond within a reasonable timeframe. ARTICLE 4 RIGHTS OF MANAGEMENT Except as abridged by this contract, the Sheriff shall retain the exclusive right to exercise the customary functions of management,including, but not limited to: A. To determine the Mason County Sheriff's Office mission, policies, and set forth all standards of service offered to the public. B. To plan, direct, control and determine the operations or services to be conducted by the employees. C. To utilize personnel, methods, and means in the most appropriate and efficient manner possible. D. To manage and direct the employees of the Sheriff's Office. E. To hire, promote, transfer, train, evaluate performance and retain employees in positions of the Sheriffs Office. F. To establish work rules and rules of conduct. Corrections/Support MCSO Collective Bargaining Agreement 2019-2021 2 G. To determine the size and composition of the work force and to lay off employees in the event of lack of work or funds. If a layoff is imminent, due to a lack of funds or work, the parties shall meet to discuss efforts to preserve the bargaining unit workforce and-develop potential alternatives to curtailment. H. Determine the methods,maintenance, equipment, number and kinds of personnel, the job, work, or position content required to accomplish governmental operations and maintain the efficiency and safety of those operations. I. Determine and change the number and locations and types of operations, processes and materials to be used in carrying out all County functions. J. Control departmental budgets and financial policies, including accounting procedures. K. Take whatever actions are necessary in emergencies or exigent circumstances in order to ensure the proper function of the Sheriff's Office. Exigent Circumstances are declared by the Sheriff or designee in writing and are circumstances which, through no fault of the employer, result in a situation that impacts safety or efficient operation. The Mason County Commissioners shall retain the authority to determine all items with budgetary impact, such as rates or pay, amount of vacation, sick leave and holidays, health insurance, life insurance, overtime rate, call back rate and uniform allowance. ARTICLES DISCRIMINATION The County agrees not to discriminate against any member for his/her Union activity. It is the policy, intent, and purpose of both the County and the Union that there shall be no discrimination among employees as to color, race, religion, sex, age, national origin, physical disability, marital status, sexual orientation and/or sensory imperfection unless due to a bona fide occupational qualification. ARTICLE 6 HIRING 6.1 Process The County has the right to hire new employees from any source, and all new employees will serve a probationary period of 365 calendar days of regularly scheduled work on their job,which shall not include light dutyjobs. During the probationary period,the employee may resign or be terminated without cause or notice. An employee will be classified as a "regular employee" upon successful completion of the probationary period. The County may request an extension of the probationary period and the Union will not unreasonably deny that request. .6.2 New Classifications If new classifications are established by the Employer and added to the bargaining unit, if the duties of existing classifications are substantially changed,or if an Employee is appointed to a position substantially different than the Employee's classification, a proposed wage scale shall be assigned thereto, and the. Employer shall forward the new or changed class and proposed wage to the Union for review. The contract.will then be subject to reopening for the sole purpose of negotiating a wage for the class, and only if so requested by the Union. Corrections/Support MCSo Collective Bargaining Agreement 2019-2021 3 r If either party disagrees with the designation of a new or reclassified position,the parties recognize that the determination as to whether the position is included within the bargaining unit may be reviewed by PERC, upon petition by either party or jointly. ARTICLE 7 SENIORITY 7.1 Definition Seniority, for purpose of this Agreement, is an employee's length of continuous service with the County, dating from his/her date of hire into a regular position. Seniority within rank shall be determined by date of promotion to such rank. 7.2 Seniority Preference The County recognizes the principles of seniority and qualifications considered for its employees. Unless otherwise stated herein, seniority will only be applied as the determining factor for: (a) shift bidding, (b) vacation bidding,(c)overtime preference within rank,and (d)computing layoff and reemployment rights. 7.3 Loss of Seniority Seniority and the employment relationship shall be considered severed and terminated if an employee: a. Resigns b. Is discharged for cause; c. Is absent from work for a period of three (3) consecutive days without prior notification; d. Is rehired after a break in service of more than thirty(30) days; e. . Fails to report for work at the termination of a leave of absence or-extension thereof; or f. Accepts gainful employment without permission while on leave of absence. Employees who are re-employed following the loss of their seniority shall be deemed a newly-hired employee for all purposes under this Agreement,except if an employee is recalled consistent with Article 8 and the time-lines therein, they shall regain the seniority that they had as of their last date of employment. The practice of allowing leave of absence returns with intact seniority will be administered under the same time frames provided for in Article 8. 7.4 Shift Bidding—Corrections Sergeants/Corporals/Deputies For the purposes of this section,a "work period" has been defined as a twenty-eight(28) day cycle under FLSA, section 7(k). Bidding shall commence on September 1 and close on September 30 of each year for the following year's schedule assignment. The schedule shall be posted by the employer for a period of two weeks prior to the beginning of the bid period to allow employees ample time to consider bid options. Shift bidding for the 2021 year's schedule assignments and thereafter,employee shift bidding shall be for three (3) month increments (Quarterly), for a period of one (1) year from January 1 through December 31. Employees can only bid the same shift schedule three (3) out of the four(4) quarters. Where operational-needs or special circumstances necessitate,an employee may be temporarily assigned to a shift other-than which he/she bid for, provided a minimum of a thirty(30) day notice has been given (if possible) and is seniority based. ARTICLE 8 CURTAILMENT AND RECALL 8.1 Notice In the event of a curtailment the County will give a minimum of two (2)weeks notice prior to the effective date of the curtailment. The County shall meet with the Union, upon request,to discuss possible alternatives to curtailment, but is not bound to adopt alternatives proposed. 8.2 Displacement Corrections/Support MCSO Collective Bargaining Agreement 2019-2021 4 Employees holding least seniority within a classification will be curtailed first.Curtailed employees will be able to displace the junior employee in inverse order of classifications previously held without loss of seniority. (E.g. If a SGT is curtailed due to lack of work or reduction in that classification, the SGT would be able to utilize his/her seniority to displace the junior Corrections Deputy.The SGT would assume seniority among Corrections Deputies where that employee would have been had they not promoted to SGT) Employees with no displacement opportunities within their classification will be able to displace junior employees in other classifications within the unit based upon seniority and qualifications. Qualifications shall be based upon the job description and the determination by the County as to whether the employee could adequately assume the role and responsibilities associated with the position the employee seeks to move into. 8.3 Recall Employees must notify the County within three (3) calendar days of receipt of notice of recall whether they will return or not. Employees recalled will have up to seven (7) calendar days from notice of recall to return. No employee will be required to accept recall to a position not previously held. For recall to positions previously held, any employee that does not notify the County of intent to return or fails to return as scheduled will be considered a voluntary quit with loss of seniority for consideration in future openings. 8.4 Recall Seniority Employees will be recalled in seniority order, most senior first, to positions previously held or to any available opening which the employee is qualified to fill. The parties recognize the need to maintain an appropriate male/female officer ratio and will meet to discuss requirements that may be present at the time of recall. Employees accepting recall to a:position,whether previously held or not,will retain rights to the initial vacancy curtailed should it become available for recall. Such rights shall be limited in duration to fourteen (14) months or expiration of certification(s), whichever is greater, required for the initial position from which the employee was curtailed. 8.5 Restoration of Benefits Employees recalled pursuant to Section 9.4, above, shall be placed at the same salary range and step, and time in step,in effect at the time of layoff. In addition,employees shall have the sick leave balance as of the date of layoff restored(unless the employee received a sick leave cash out at the time of layoff);shall accrue vacation leave at the same accrual rate in effect as of the date of layoff; and the number of years of continuous county service at the time of layoff shall be credited towards eligibility for the longevity benefit. Employees recalled into regular part-time positions shall be subject to pro-rated benefits as described in other articles of this Agreement. ARTICLE 9 EVALUATION AND DISCIPLINE 9.1 Evaluation The purpose of evaluation is to help an Employee to be successful in performance and to understand the standards and goals of their position and their Department. The evaluation will assess and focus on the Employee's accomplishment of their job functions and the goals and standards of the position. Where the Employee does not meet the above, a plan for correction, training or support should be developed with the Employee. Corrections/Support MCSO Collective Bargaining Agreement 2019-2021 5 All regular Employees should be formally evaluated in writing by their immediate Supervisor and/or Office head or designee during the probationary or trial service period and at least annually(at date of hire or a common date) and,thereafter, in conjunction with Sheriffs Policy in effect at the time of evaluation. Additionally, evaluation of job'performance may occur at any time and on an ongoing basis. Evaluation may occur in various ways and may include coaching,counseling or written assessment. The evaluation process shall also include a review of the current job description. Evaluation shall not, by itself, constitute disciplinary action — disciplinary action must be specifically identified as such, in writing, consistent with Section 9.2. Employees will be given a copy of the evaluation. )Employees will be required to-sign the evaluation, acknowledging its receipt. Evaluations are not grieveable, however, Employees may elect to provide a written response to the evaluation,which will be retained with the evaluation in the Employee's personnel file and/or appeal any evaluation to review with their appropriate Command Staff Representative. 9.2 Discipline/Corrective Action The County has the right and responsibility to assure corrective action when appropriate and,in doing so, agrees to act in good faith in the discipline, dismissal or demotion of any regular Employee and any such discipline,dismissal or demotion shall be made only for just cause. While the totality of the circumstances must be,considered,generally"just cause" is defined as consistent with the "Seven Tests of Just Cause." The parties recognize that just cause requires progressive discipline. Progressive discipline may include: ❖ oral reprimands,which will be documented; ❖ written reprimands; ❖ disciplinary transfer; ❖ suspension with or without pay; ❖ demotion;or ❖ discharge. The intent of progressive discipline is to assist the Employee with performance improvement or to correct misconduct. Progressive discipline shall not apply where the offense requires more serious discipline in the first instance. Both the sequencing and the steps of progressive discipline are determined on a case- by-case basis,given the nature of the problem. All disciplinary actions shall be clearly identified as such in writing. The Employee will be requested to sign the disciplinary action. The Employee's signature thereon shall not be construed as admission of guilt or concurrence with the discipline. Employees shall have the right to provide a written response to any written disciplinary action to be included in the personnel file, which, together with the action, will be retained in the personnel file,for so long as the disciplinary action is retained. A copy of all disciplinary notices shall be provided to the Employee before such material is placed in their personnel file. Employees disciplined or discharged shall be entitled to utilize the grievance procedure. If, as a result of the grievance procedure utilization, just cause is not shown, personnel records shall be cleared of reference to the incident which gave rise to the grievance. Corrections/Support MCSO Collective Bargaining Agreement 2019-2021 6 1 The Employer will notify the Union in writing within three (3) calendar days after any notice of discharge. The failure to provide such notice shall not affect such discharge but will extend the period within which the affected Employee may file a grievance. Any suspension or discharge not made the basis of a grievance within three (3) calendar days from the time thereof shall be considered as waived. The Employer recognizes the right of an Employee who reasonably believes that an investigatory interview with a Supervisor may result in discipline to request the presence of a Union representative at such an interview,provided such is neither a material witness nor the subject of the investigation. Upon request, the Employee shall be afforded a Union representative. The Employer will delay the interview for a reasonable period of time in order to allow a Union representative an opportunity to attend. If a Union representative is not available or delay is not reasonable, the Employee may request the presence of a bargaining unit witness. (Weingarten rights) Employees shall also have a right to a notice and a determination meeting prior to any disciplinary action which may result in an economic loss or suspension. The Employer must provide a notice and statement in writing to the Employee identifying the performance violations or misconduct alleged, a copy of the investigative file for review (if requested), and a finding of fact and the reasons for the proposed action. The Employee shall be given an opportunity to respond to the charges in a meeting with the Employer and shall have the right to Union representation during that meeting, upon request. (Loudermill rights) No Employee shall be compelled by the County to give self-incriminating information, either verbal or written, during any criminal investigation when such investigation involves allegations against the Employee nor in any internal investigation which could lead to a criminal charge against the Employee. Any refusal by an Employee to give self-incriminating information under these conditions will not result in the Employee's termination, suspension, reprimand, transfer, or any other form of disciplinary action by the County. (Garrity rights) The Employer shall endeavor to correct Employee errors or misjudgments in private, with appropriate Union representation if requested by the Employee. Discipline shall be subject to the grievance procedure in this Agreement as to whether or not such action (as to any post-probationary Employee) was for just cause. ARTICLE 10 GRIEVANCES 10.1 Purpose The purpose of this grievance procedure is to provide an equitable, orderly, and timely process for resolution of grievances without fear of discrimination and/or reprisal. 10.2 Election of Remedies Grievances concerning disciplinary matters governed by the Mason County Civil Service Rules may be processed as an appeal through the Civil Service Rules or as a grievance under this Agreement. The parties to this Agreement agree that a grievance cannot be processed through both the Civil Service appeal process and the grievance procedure under this Agreement. If the grievance is filed first as an appeal through Civil Service, it cannot be filed as a grievance under this Agreement. If the grievance is filed first as a grievance under this Agreement and is subsequently filed timely as an appeal under Civil Service procedures,the grievance shall be considered withdrawn and cannot be re-filed. 10.3 Definition Corrections/Support MCSO Collective Bargaining Agreement 2019-2021 7 The term "grievance" shall mean any dispute between the Employer and the Union or an employee covered by this Agreement, concerning the interpretation, application, claim, breach or violation of the terms of this Agreement. Either the Union or the Employer may initiate a grievance. The Employer may not grieve the acts of individual Employees, but rather, only orchestrated acts or actions of authorized representatives believed to be in conflict with this Agreement. An Employer grievance will not be subject to Arbitration and may go to mediation. The Union may initiate-a Grievance at Step 2 anytime that it involves a group of Employees, as specified in Section 10.6. Such grievances may be referred to mediation services by mutual agreement prior to Arbitration. 10.4 Non-Retribution Employees will be unimpeded and free from restraint, interference, coercion, discrimination, or reprisal in seeking adjudication of their grievances. 10.5 Format Grievances shall be filed on a mutually agreed form (see Attachment "B") which specifies: (a)the facts; (b)the issue; (c)the date of the violation alleged; (d)the controlling contract provision and the section of the Agreement alleged to be violated; and (e) the remedy or relief sought. In the event a form filed is unclear or incomplete and not in compliance with this Section, the County shall make its best efforts to handle the grievance as it understands it. 10.6 Grievance Submissions Any employee of this bargaining unit or a Union representative/steward, with or without the aggrieved employee, may submit a grievance. The Union may in appropriate cases, submit an "institutional" or "general" grievance on its own behalf. A grievance of interest to several employees may be filed as a "Group Grievance", directly to Step II of the grievance procedures, within the time limits set forth in Section 10.7. 10.7 Time Limits A grievance must be submitted pursuant to Step I of the grievance procedure as applicable herein,within fifteen (15).calendar days from the date of the occurrence of the alleged grievance or from the date that ,the grievant, any Union representative or steward knew, or through reasonable diligence should have known of the cause of the grievance. In the case of a grievance ripe for submission directly to Step II,the aforementioned time period will also apply. Upon mutual written agreement,the parties may extend any time limits stipulated in the grievance procedure for stated periods of time, with copies provided to the - Union and the Employer. 10.8 Breach of Time Limits Failure by an employee or the union to comply with any time limitations of the procedures in this Article shall automatically constitute withdrawal of the grievance. Failure of the County to comply with anytime limitations of a procedure of this Article shall automatically permit the aggrieved employee(s)to advance his/her grievance to the next step of this grievance procedure. 10.9 Grievance Procedure Step I (Supervisor): Before filing a written grievance, the grievant and/or the Union shall discuss the problem with the employee's Division Chief or designee within the time period specified in Section Corrections/Support MCSO Collective Bargaining Agreement 2019-2021 8 10.7. If the matter cannot be resolved verbally, the supervisor shall issue a written response within five (5) calendar days after such meeting, either granting or denying the grievance, and provide the written response to the employee and Union. If this resolves the grievance,then no further action is necessary. If the grievance is not resolved at Step 1, it may be submitted to Step II. Step II (Sheriff): The grievant and/or Union may present the grievance in the format specified in Section 10.5 to the Sheriff or his/her designee within ten (10) calendar days of the supervisor's written response in Step I or, in the case of a grievance ripe for submission directly to Step II,within the time period specified in Section 10.7. The Sheriff shall meet with all concerned parties including the Union representative(s) within ten (10) calendar days of receipt of the grievance. The Sheriff shall issue a written response within ten (10) calendar days after such meeting, either granting or denying the grievance, and provide the written response to the employee and Union. If the grievance is not resolved at Step II, it may be submitted to Step III. Step III (Human Resources Director): The grievance (as was previous set forth in writing under Step II) may be submitted to the Human Resources Director or designee within five (5) calendar days of the Sheriff's written response in Step II. The Human Resources Director or designee shall meet with the Union within ten (10) calendar days of its receipt of the grievance. Within ten (10) calendar days of the meeting, the Human Resources Director or designee shall issue a written response to the Union regarding the grievance. Mediation: The parties may mutually agree to submit the matter to mediation. The moving party shall contact the proper authority, Public Employees Relations Commission ("PERC") or Federal Mediation & Conciliation Services ("FMCS"), and request a mediator and hearing date to be conducted within 30 calendar days in attempt to resolve the matter. Should the mediator be unsuccessful in mediating a resolution s/he will provide an opinion as to what the likely outcome would be should the matter be pursued to arbitration. The mediator shall have no authority to modify the bargaining agreement or issue a binding resolution. Step IV: (Arbitration): If the grievance is not resolved at Step III,the grievance(as was previously set forth in writing under Step II), maybe submitted to PERC within five (5) calendar days of the written response in Step III. PERC shall provide a list of five(5)arbitrators and the Union and the County shall strike names until an arbitrator is selected. Within thirty (30) calendar days, the arbitrator shall schedule a hearing on the matter. In connection with any proceedings of the arbitration held pursuant to the Agreement, it is understood as follows: 1. The arbitrator shall have no power to render a decision that will add to, subtract from, alter, change,or modify the terms of this Agreement. 2. The decision of the arbitrator shall be final, conclusive and binding upon the County,the Union and the employee(s) involved. 3. The prevailing party shall be exempted from the costs of the arbitrator's fees. Each party shall bear the cost of presenting its own case. 4. The arbitrator's decision shall be made in writing and shall be issued to the parties within thirty(30)calendar days after the case is submitted. Corrections/Support MCSO Collective Bargaining Agreement 2019-2021 9 ARTICLE 11 WAGES AND ALLOWANCE 11.1 Wages Salaries for all uniformed employees of the Mason County Sheriff's Office Corrections and Support Staff from date of ratification through December 31, 2021 shall be established as listed in the wage scale as set forth in Attachment A and adjusted as follows: INCREASE 1/1/2019 1.50 1/1/2020 1.75 1/1/2021 2.00% The salary of the Corporal Step 1 will be five (5%).percent above the top step of the Corrections Deputy, The salary of the Corrections Sergeant Step 1 will be five (59'o') percent above the top step Corporal. 11.2 Shift Differential Any employees working between 1800 and 0600 hours shall receive a shift differential at a rate of fifty- cents ($0.50) per hour for the hours worked between 1800 and 0600 hours. 11.4 Hours of Labor The normal work schedule for employees of this bargaining unit shall.-begin at the beginning of the employee's regular scheduled shift, after days off, as indicated herein: 1. Shifts: The normal work scheduleshall be defined as: (a) Forty(40) hours of work,to consist of five (5)eight-hour(8) days, each day to consist of eight consecutive work hours in a twenty-four (24) hour period, or (b) Twelve (12) hour shift bid schedule broken down into thirteen (13), twenty-eight (28) day cycles (2080 annual hours).The schedule for Corrections Deputies, Corporals, and Sergeants will be broken down into 4 squads working twelve (12) hour shifts. L Kelly Day: Each employee working the twelve (12) hour shift schedule is entitled to one (1) Kelly Day for each twenty-eight (28) day cycle. Kelly Days will be assigned by each squad supervisor and will not be assigned on days when it will take overtime to backfill.This excludes times when a squad only has the minimum number of employees to appropriately staff the shift (ex. Only 4 employees on a squad).The Kelly Days shall be posted on the schedule no less than twenty-eight (28) days prior to the next twenty-eight (28) day work cycle.Scheduled Kelly Days will not be changed once scheduled except by mutual agreement between the Scheduler and Employee involved. Every effort will be made to accommodate employee requested;day, providing no overtime is accrued by granting such accommodation. ii. Training: Employees working the twelve (12) hour shift schedule shall be guaranteed a minimum of eight (8) hours off between a regular shift and training block.The employer will post training dates on the schedule 60 days in advance of the training date. No training will occur on recognized holidays. 2. Clerical Supoort Staff: Normal hours of labor shall be Monday through Friday on an 8-hour staggered shift from 7:30 am to no later than 8:00 pm. Eight(8) hours paid time and one(1) hour non-paid lunch, considered as full-time. Employees may, as necessary and with supervisory pre- Corrections/Support MCSO Collective Bargaining Agreement 2019-2021 10 approval, adjust to an alternate flex shift of continuous hours within the work hours identified above, to better manage workload. Employees not working specialty positions shall have weekends& holidays off. 3. Community Service Officers/Evidence Technician/ASU Coordinator/Transport/ Animal Control Officers: The normal workweek shall consist of a forty (40) hour work schedule, with two (2) consecutive days off and holidays off. A 12-hour shift may be adopted for Community Service Officers upon approval of the Chief. 1 4. Alternate Shifts: Sheriff's Department employees may be assigned to a 4-10 plan at the discretion of the Sheriff's administration. This is a system whereby an employee works four (4), ten (10) hour shifts and then receives three (3) days off. Overtime shall be paid at the rate of time-and- one-half after the tenth (10) hour of work. Time after the tenth (10th) hour shall be accounted for in increments of fifteen (15) minutes and paid at the rate of time-and-one-half. By mutual agreement between the Sheriff and the Union,employees may be assigned to a twelve (12) hour shift plan,or to a workplan which the union may recommend due to exigent circumstances or for operational efficiency purposes. If either a twelve (12) hour, or a union recommended plan is to be implemented,the parties agree to negotiate the particulars of how the plan will work prior to implementation. 11.5 Meal Periods Employees shall be entitled to lunch periods in accordance with State and Federal Labor Laws. (a) Corrections Deputies (CD), for eight (8) hour employees, evidence technicians, community service officers (CSO), and animal control officers (ACO) shall be entitled to a thirty (30) f minute paid lunch period. The lunch period will occur at the approximate midpoint of their shift, but not later than the fifth (5th) hour from the start of shift. Unless out of the area on assignment,corrections employees shall remain on the premises of employment during their lunch period, and be able to respond to incidents and operational requirements. The County shall provide Corrections Deputies & CSO's assigned to the jail, with one free meal per shift from the jai[kitchen. (b) Corrections Deputies on assignment away from the jail and out of the county during the authorized breakfast, lunch, and/or dinner period shall be entitled to re-imbursement at the per-diem rate for the meal purchased. Corrections Deputies on assignment at Mason General Hospital during the authorized breakfast, lunch, and/or dinner period shall be authorized a meal from the hospital kitchen. The Corrections Deputies shall call the hospital kitchen to request the meal and the hospital shall bill the County directly. (c) Clerical Support Staff employees (except ACO employees indicated in Section 11.5(a) above) shall be entitled to a one (1) hour non-paid lunch period. The lunch period will occur at the midpoint of their shift, but not later than the 5th hour from the start of shift. Employees will be considered to be off duty during their lunch period and may leave the premises of employment for their meals. 11.6 Rest Periods Employees shall be entitled to paid rest breaks in accordance with State and Federal Labor Laws. Employees shall be permitted during the course of their shift,for eight(8)hour shift,to take two(2)fifteen (15) minute rest breaks,and for a twelve(12) hour shift,to take three (3)fifteen(15) minute rest periods. All breaks shall be taken as time permits, and with supervisor approval. Corrections/Support MCSO Collective Bargaining Agreement 2019-2021 11 ARTICLE 12 OVERTIME Any regular full-time employee who performs work authorized by the County, in excess of their regularly scheduled hours per day, or in excess of forty (40) hours per week, depending on their scheduled workweek and shift, shall be entitled to overtime compensation. Unless expressly stated to the contrary herein, all employees, including those on the probationary phase, are eligible to perform overtime and shall be covered under the Fair Labor Standards Act(FLSA). Premium or overtime pay in this article shall not be duplicated or pyramided. An ASU Coordinator will be considered a Corrections Deputy for overtime purposes. 12.1 Rate of Pay Overtime work will be compensated at one and one-half(1 %) times the regular rate of pay. Overtime hours shall be paid at the applicable overtime rate, in units of quarter hours (15 minutes), for any part worked thereof. The twelve (12) hour shift schedule shall receive overtime when working in excess of 160 hours in the twenty-eight(28)day cycle,and the forty(40)hour FLSA threshold shall not apply per Fair Labor Standards Act& US Code Title 29, Chapter 8,Section 207(k).Any hours worked in excess of an employee's regularly scheduled shift,will be paid overtime. 12.2 Comp Time In lieu of cash overtime payments,where mutually agreed between the employee and the Employer, an employee may receive comp time. Comp time will be calculated just as the monetary rate for overtime, at one and one-half(1%)times the regular rate of pay. Upon approval.of the County, employees shall be permitted to cash out all or part of their accrued time in December of each year, which shall be paid at the employee's applicable rate of pay. Correction's staff shall be permitted to accrue up to 480 (four- hundred-eighty) hours of comp time. Support Staff employees shall be permitted to accrue up to 240 (two-hundred-forty) hours of comp time. The scheduling of comp time shall be done in the same manner as federal statute. Correction's and Support Staff employees hired on, or after January 1, 2020, shall be permitted to accrue up to eighty(80) hours of comp time,and no rollover comp time can be banked, and the allowed eighty(80) hours of accrued comp time must be used by December 15,or be paid out. If the employee does not use all their accumulated comp time, they will receive a payout for the unused comp time on the December 25 payroll check. 12.3 Call-In Pay The call-in process is initiated .to provide immediate incidental overtime coverage for operational requirements(i.e., hospital transports and staffing shortage, illness, injury,etc.)occurring on the on-duty shift. Employees called back to duty after completion of a regular shift, called-in on their off-duty hours, or called-in on their regular days off,shall be paid at the applicable overtime rate,and receive a minimum of two (2) hours overtime. Employees shall bepaid at the overtime rate, from the time of their acknowledgement of the call to the start of their shift. The two (2) hours minimum overtime provision does not apply to employees who are called-in within two(2)hours of their regular starting time and work through their regular shift. In this case, employees shall be paid at the overtime rate from the time the call is acknowledged to the start of their regular shift. 12.4. Court Appearance Time spent by on-duty employees required to attend a court hearing or proceeding emanating from performance of official duties,shall be considered as regular time worked. If the appearance requires the Corrections/Support MCSO Collective Bargaining Agreement 2019-2021 12 employee's presence beyond his/her normal workday, all time beyond the normal workday shall be paid at the overtime rate. Individuals called in on their time off to attend a court hearing or proceeding emanating from performance of official duties, shall be guaranteed three (3) hours of:overtime. If, however, the employee is called in for the court appearance within one-hour prior to their shift, the employee shall be paid from time the employee acknowledges receiving the call-out to the start of their shift at the overtime rate. 12.5 Overtime Sign-Up Sheet All employees wanting to work voluntary overtime will request that the shift supervisor place their name on the overtime sign-up sheet. An employee may also request that the shift supervisor remove his/her name from the overtime sign-up sheet. Removal from the overtime sign-up sheet does not relieve employees from the obligation to work overtime already assigned to them. Newly hired employees may be required to perform overtime in the course of their training, but will not be placed on the overtime call-up sheet until they have successfully completed the training phase. The overtime sign-up sheet will contain the employee's name,seniority date and rank. 12.6 Overtime Contact Log The shift supervisor will use an overtime contact log to record the overtime offer made to employees on the overtime sign-up sheet. Employees on the overtime sign-up sheet will be contacted in descending order of seniority within rank. Management retains the right to only have one supervisor on shift at a time, except in an exigent circumstance. 12.7 Overtime Categories and Distribution When staffing levels fall below minimum staffing levels, the method of overtime distribution, overtime shall be defined in two (2) categories: 1. Incidental Overtime:This refers to unplanned and unscheduled work.that becomes available with advance notice of one shift or less. If the vacancy is for a Sergeant, a Sergeant will be offered the position in descending order of seniority.The same process for a Corporal. If the Sergeant or Corporal positions cannot be filled by those of that perspective rank,, then the position will be offered to employees on shift/going off shift in descending order of seniority. Vacancies for Corrections Deputies will offered to employees on shift/going off shift in descending order of seniority. If the vacancy is voluntarily filled, the process stops. If no volunteers are found, employees on the overtime sign-up sheet are contacted in descending order of seniority and offered the overtime.If the vacancy remains unfilled after this step,the least senior Corrections Deputy or Qualified CSO on shift/going off shift shall be required to work the overtime. 2. Scheduled Overtime: This refers to available work that is anticipated and which could be scheduled with advance notice that is greater than one work shift. If the vacancy is for a Sergeant, a Sergeant will be offered the position in descending order of seniority. The same process for a Corporal. If the Sergeant or Corporal positions cannot be filled by those of that perspective rank, then the position will be offered to employees on the overtime sign-up sheet in descending order of seniority. For Corrections Deputies scheduled overtime will be offered first,to employees on the overtime sign-up sheet in descending order of seniority. If the vacancy is voluntarily filled, the process stops. If the vacancy remains unfilled,with one shift or less remaining prior to the scheduled overtime date, the vacancy will be filled using Corrections/Support MCSO Collective Bargaining Agreement 2019-2021 13 the incidental overtime process. If a Kelly Day results in staffing below minimum staffing levels,the employee using the Kelly Day shall have first option to work it on overtime. Posting of Scheduled Overtime Coverage: When scheduled overtime is known with fifteen (15) days or less prior notice, employees on the overtime sign-up sheet will be contacted telephonically or in person. When scheduled overtime is known more than fifteen (15) days in advance, the overtime coverage will be posted in writing.Scheduled overtime will not be posted more than sixty(60)days in advance from the scheduled overtime date Limitation of Length of Consecutive Shift Assignments: No employee shall work more than sixteen (16) hours without eight(8)hours elapsing before working another shift. No employee will be ordered to work two (2) consecutive days of two (2) consecutive shifts, except in an emergency situation declared by the Sheriff or his/her designee. The Sheriff may require employees of the jail to begin each shift fifteen minutes early, dependent on operational requirements. In case of an emergency declared by the Sheriff or his/her designee, as set forth in the Sheriff's Policy,any employee may be ordered to report for duty. Overtime Exclusion: The following employee categories are excluded from filling overtime vacancies unless otherwise stated herein: a. Employees on limited duty; the exception to this provision is when the following conditions simultaneously exist. Employees on limited duty status may fill overtime vacancies when; the vacancy remains unfilled after first contacting all physically capable (not on limited duty) employees on the overtime sign-up sheet, no other limited duty employee,is scheduled to work on the shift where the vacancy exists,the employee can be effectively utilized to perform operational requirements without compromise to prescribed physical limitations, and officer safety. b. Employees on administrative leave (paid or unpaid). c. Employees on sick status. d. Employees on vacation status. Employees on vacation status may be called to fill overtime vacancies when the vacancy remains unfilled after first contacting all full duty status employees on the overtime sign-up sheet.Vacationing employees will be given first consideration over limited duty status employees if they are in the area. e. Employees requesting exclusion from voluntary overtime, if approved by the non- bargaining unit supervisor. 12.8 Jury Duty Employees called in for jury duty for any municipal,county,state,or federal court shall advise the County immediately. Employees scheduled for jury duty on their regular duty day shall be paid their regular rate of pay minus any compensation received from jury duty. Employees must provide documentation to the Mason County Sheriff's Office Payroll Section detailing the amount of compensation received, if any,for jury duty. 12.9 On Call An off-duty employee who is required to remain on-call on the employer's premises or at their place of residence or so close thereto that he/she cannot use the time effectively for their own purpose, is considered working and shall be compensated at the overtime rate for the hours on-call: An off-.duty Corrections/Support MCSO Collective Bargaining Agreement 2019-2021 14 employee who is not required to remain on-call on the employer's premises or at their place of residence, but is merely required to maintain telephonic communications with their employer is not considered working. ARTICLE 13 EDUCATION COMPENSATION 13.1 Compensation When an employee possesses a higher education degree, additional compensation will be added to base rate and shall be paid at the following premium rate: Associate Degree 1.5 Baccalaureate Degree 3.0 Master's Degree 4.5 In order to qualify, individuals must receive their degree from a nationally or regionally accredited institution as approved by the Sheriff. The above rates are not cumulative but will be paid at the single higher rate for which the employee qualifies. Any employee that would potentially see a reduction in stipend would be redlined until such time as the percent equals or becomes greater than current flat dollar amount — upon grandfathered employee's request to revise to percent. ARTICLE 14 ADDITIONAL COMPENSATION 14.1 Longevity Pay Employees shall receive longevity pay in addition to their base pay as set forth below: Continuous Years of Service Monthly Amount 6th through 10th year $ 65.00 11th through 14th year $ 90.00 15th through 19th year $130.00 20th through 24th year $150.00 25th year and over $165.00 14.2 Officer in Charge(OIC) An employee (including support staff).who is assigned for less than two (2) consecutive workweeks the responsibilities and duties of a position or rank above that which s/he normally holds,when no supervisor is assigned to the shift,shall be paid an officer-in-charge(OIC)shift differential in the amount of$3.00 per hour while working in that capacity. 14.3 Temporary Promotion An employee(including support staff)who is assigned the responsibilities and duties of a job classification that is higher than what s/he normally holds for more than two (2) consecutive workweeks shall be compensated at the range and step in the higher classification that represents at least a five.percent(5%) increase. 14.4 Assignment Pay Effective upon signing of this Agreement any Corrections Deputy who has been trained as a FTO and is assigned the duty of Field Training Officer to actively train, monitor, grade or evaluate Corrections Deputies shall be paid three percent(3%) per month while certified and eligible for assignment to work in that capacity. The FTO Coordinator will also be paid the 3%Assignment Pay. No other compensation shall be received for any FTO functions performed. Corrections/Support MCSO Collective Bargaining Agreement 2019-2021 15 '14.5 Instructional Pay Any employee who is a certified instructor and assigned to train in the following areas: Defensive Tactics/Use of Force Tactics, EVOC,TD10 Spray, RIPP Restraints,Taser, First Aid/CPR and Firearms/Range shall receive an additional$1.50 per hour while conducting training. 14.6 Specialty Pay Additional duty incentives will be provided for the following functions: Billing or Supply $ 75.00 per month Classification Deputy or Medical Liaison $ 75.00 per month Jail DUI Alternative Program Coordinator $100.00 per month TAC $125.00 per month FTO Training Coordinator $ 75.00 per month 14.7 Bilingual Pay Eligible employees that possess bilingual fluency in a County-approved non-English language, and who use their bilingual skills. in the performance of official duties, shall receive bilingual incentive pay as indicated herein: Bilingual Language Fluency $ 75.00 per month Bilingual Medical Certification $100.00 per month Bilingual Legal/Court Certification $125.00 per month Eligibility requirements: (a) The County shall determine if bilingual pay shall be utilized,_the language(s) that bilingual is payable for and the number of employees eligible for bilingual pay. (b) Bilingual language fluency eligible employees are those who have taken and passed a language fluency test from an accredited institution and/or employees who have self-identified bilingual fluency that has been demonstrated on the job. Bilingual Medical and Legal/Court certification eligible employees are those who have their bilingual skills tested and certified by an accredited institution. The County at its discretion may choose which certifications) is a required and acceptable substitute, such as certification from other states. 14.8 Alternative Sentencing Unit(ASU)Coordinator Pay ASU Coordinator will receive specialty pay that is 5%above the rate they receive as a Corrections Deputy. 14.9 Shift Differential Any employee working between 1800 and 0600 hours shall receive a shift differential at a rate of$0.50 (fifty cents) per hour for the hours worked between 1800 and 0600 hours. Corrections/Support MCSO Collective Bargaining Agreement 2019-2021 16 ARTICLE 15—VACATION 15.1 Definition For the purposes of Article 15,a "squad" is defined as Alternative Sentencing Unit and Transport/Custody. 15.2 Accrual Schedule Vacation leave shall accrue at the following rates: 1-3 years 96 hours per year 4-7 years 120 hours per year 8-9 years 144 hours per year 10-11 years 160 hours per year 12-14 years 176 hours per year 15-16 years 184 hours per year 17-19 years 192 hours per year 20+years 200 hours per year 15.3 Probationary Employee Requirement Vacation leave accrued within the first twelve (12) months of employment cannot be utilized, by an employee until they have successfully completed their appointment probationary requirements unless approved by the Sheriff. Any employee terminating employment with the County within the twelve (12) month probationary period shall not be paid for Vacation leave accrual. 15.4 Maximum Accrual Vacation leave may be accrued to a maximum of four-hundred (400) hours. No Vacation leave accrued will be added to an employee's Vacation leave benefit when the maximum accrual has been obtained, unless for operational reasons the request for leave was denied by the Employer. In this instance, the employee may continue to accrue leave beyond the maximum so long as the employee utilizes enough leave to bring his or her leave accrual balance to equal or below the maximum accrual threshold within a timeframe mutually agreed to by the employee and his/her supervisor. 15.5 Vacation Bidding For purposes of vacation bidding,the transport unit shall bid as a separate squad with only one employee off on primary vacation.The year shall be considered January 1 through December 31.Vacation bids will be approved at the discretion of the Sheriff or designated representative.Vacation bidding will start with a primary bidding process,, and once that process has completed, secondary leave requests will be accepted. Regularly scheduled days off will not be counted when computing the number of days bid for. Staff may include future accruals in their bid, but must have sufficient time accrued to cover the vacation at the time the leave is taken. All leave requests will be responded to in writing within two (2) weeks. Upon receipt of a leave request, the Supervisor will initial the request with the date and time received and staffing levels, in the comments section, approve or deny the request and return a copy to the employee. If no response is returned within two(2)weeks of receipt of the request,the leave time will be granted. After such leave time has been approved;the only reason for cancellation shall be if the Sheriff, or in his/her absence,specified designee, declares an emergency as set forth in the Sheriff's Policy. 15.5.1 Corrections Staff Vacation Bidding: (a) Primary Vacation Biddine: Annual vacation"bidding windows"are established for the purpose of allowing,employees to use their seniority to schedule seniority vacation leave for the year. There shall be two bidding windows, the bidding windows shall begin when the shift bidding has been completed. Corrections/Support MCSO Collective Bargaining Agreement 2019-2021 17 i. The first weekly bidding window shall allow each employee to bid for up to a maximum of two(2)weeks of vacation time consisting of either a single two(2) week vacation period or two (2) one (1) week vacation periods. Only one (1) employee per squad may be on leave at any given time for primary vacation bidding. When a holiday occurs during a bid vacation period,that day shall be taken as a holiday and will be included as part of the bid request. ii. The second daily bidding window shall allow an additional five(5)working days' vacation time, and no more than two employees within the same classification or squad shall be off at any one time. Any workdays not bid during the second bidding window may be requested throughout the year, and as long as a maximum of two (2)employees per squad,with the exception of the Transport .Squad which is limited to one (1)employee,shall not be off on annual vacation leave at any given time. (b) Secondary Leave Requests (beginning January 1 and ending December 31: Leave requests submitted after the seniority bid period, shall be granted such leave on a first come first serve basis, provided the requeste4 leave does not put the squad with more than one off on vacation, personal holiday, floating holiday, banked holiday, comp time and/or Premium day. 15.6 Separation Payout Other than within the first twelve (12) months of probationary employment, upon separation of an employee by resignation, layoff,dismissal,or death;the employee or beneficiary thereof shall be paid for unused Vacation leave at the rate of pay being paid at the time of separation. Cash payment for unused accrued annual leave upon separation by retirement will not be allowed in excess of two-hundred and forty (240) hours. Vacation leave pay shall include any applicable shift differential for employees scheduled or assigned for thirty(30) calendar days or longer to swing,graveyard,or night shifts. 15.7 Leave Accrual Any employee working less than full-time shall receive Vacation leave on a prorated schedule based on. the hours they have worked, plus they must also meet the qualification for PERS or LEOFF participation to have the annual leave accrual apply. An employee must work or be in a paid status a minimum of eighty (80) hours per month to receive Vacation leave accrual. Whereas, the Union and the County recognize the importance of employees utilizing earned Vacation leave to promote and enhance their mental and physical well being, employees shall attempt to use annual leave during the year in which it is earned. 15.8 Workers Compensation Consideration Time missed from work due to worker's compensation will be considered as time worked for vacation purposes for a maximum of twelve (12) months. ARTICLE 16 HOLIDAYS 16.1 Recognized Holidays The following is a list of the annual recognized holidays for employees of the Mason County Sherif Fs Department. New Year's Day Veterans' Day Martin Luther King Day Thanksgiving Day Presidents' Day Day after Thanksgiving Memorial Day Christmas Eve Day Corrections/Support MCSO Collective Bargaining Agreement 2019-2021 18 Independence Day Christmas Day Labor Day Two (2) Floating Holidays 16.2 Holiday Pay (a) Holiday Benefit Pay: Holiday pay shall be equivalent to the straight time hours in the schedule the employee is working at the time the holiday occurs. (b) Hours Worked on a Holiday: All work performed on a holiday shall be paid at time and one half the regular rate of pay in addition to an employee's holiday pay. 16.3 Conflict Resolution Where there is a conflict or difference between either a federal or state designated holiday, the parties may agree to honor either one but not both. 16.4. Observed Periods Recognized Holidays will be observed in the following manner: (a) Support Staff&Specialty Position Employees: When the holiday falls on a weekday, employees not required to work on a holiday, shall be given the holiday off, and receive their regular rate of pay for the day in which the holiday falls. When a holiday falls on Saturday, the preceding Friday shall be observed; when the holiday falls on a Sunday, the following Monday shall be observed as paid holidays. (b) Corrections Deputies: For Corrections Deputies not assigned to specialty positions, recognized holidays will be observed-on the calendar date on which the holiday occurs. Employees hired before November 1, 2002 who are required to work a calendar holiday will be given the option of being paid time and one-half for hours worked or banking the hours worked as Holiday hours at the time and one-half rate. Employees hired November 1, 2002 or later, who are required to work on a calendar holiday will be paid time and one-half for hours worked. Upon separation of an employee by resignation, layoff, dismissal, or death; the employee or beneficiary thereof shall be paid for unused banked holiday hours at the rate of pay being paid at the time of separation. 16.5 Holiday Pay When the holiday falls on the employee's regular day off(RDO),and the employee is not called in to work the holiday,the employee will be paid the holiday hours. 16.6 Floating Holidays/Premium Time-Off In addition to the recognized holidays, employees are authorized two (2) paid floating holidays and four (4) days of paid premium time-off annually. (a) Floating holidays and premium time-off shall be scheduled at the discretion of the employee with the approval of the supervisor, requiring one week's advance notice, which may be waived by the supervisor. (b) Floating holidays and premium time-off must be used during the current calendar year, unless waived by the County, due to operational requirements preventing the employee from taking such days off. In such cases,the floating holidays and premium time-off must be used at the earliest time available. Employees will be given an accounting of holiday and premium hours accrued on an annual basis, in time for utilization prior to potential loss. For those employees affected by minimum staffing requirements, floating holidays and premium days not used at the discretion of the employee, with Corrections/Support MCSO Collective Bargaining Agreement 2019-2021 19 approval of the supervisor,will be paid to the employee at the straight time rate of pay at the end of the calendar year within which they accrued. (c) On recognized holidays, minimum staffing levels will be maintained. Employees scheduled above minimum staffing levels on a recognized holiday shall be given the day off,first by volunteer and then by reverse seniority, and shall receive his/her regular salary only. ARTICLE 17 SICK LEAVE 17.1 Accrual Rate Per the Washington State Paid Sick Leave law; RCW 49.46,WAC 296-130 and Initiative 1433, please refer to the Sick Leave Policy, chapter 7.2 in the Mason County Personnel Policy. Each employee shall receive eight(8) hours of sick leave for each full month of employment in the calendar year in which s/he is first employed and thereafter will receive eight(8) hours of sick leave for each month of employment in each successive calendar year. Sick leave that is not used shall accumulate except that such accumulation may not exceed one-thousand-two hundred (1,200) hours. Leave does not accrue nor may it be used until the first day following the pay period in which it is earned (no "negative" leave use during the period in which it is earned). 17.2 Sick Leave Usage Per the Washington State Paid Sick Leave law, RCW 49.46, in accordance with WAC 296-130 and Initiative 1433,the County and he Union mutually agree to comply with all. Please see the Mason County Personnel Policy 7.2.7 for authorized uses of Paid Sick Leave. - 17.3 Sick Leave Payout For employees hired before January 1, 2011, payment for unused sick leave shall be made only in the following circumstances: (a) Upon termination of employment with fifteen (15) years of continuous service with the County; (b) Upon termination of employment 'with the County, when the termination, is contemporaneous with retirement from the applicable Washington State public employees retirement system;_ (c) Upon the death of an employee, in which case payment shall be made to his/her estate. Employees hired on or after January 1, 2011,shall not be entitled to receive any sick leave cash out. / 17.4 Absence of Sick Leave Accumulation When sickness occurs and no sick leave is accumulated,the employee may choose to: (a) use vacation credits accrued to his/her credit in absence of sick leave; (b) take leave without pay; or (c) use accumulated compensatory time, if any. 17.5 Accrual Eligibility Any employee working a normal schedule,or any employee working fewer hours than a normal schedule but who maintains the eligibility requirement for PERS or PSERS,shall accrue sick leave. Corrections/Support'MCSO Collective Bargaining Agreement 2019-2021 20 ARTICLE 18 BEREAVEMENT LEAVE The County shall provide regular,full-time and part-time employees with paid bereavement leave for up to three (3)days in the event of the death of an immediate family member. An additional two (2) days of sick leave may be taken if necessary for out of state travel,or other extensive travel upon approval by the Sheriff or designee. Immediate family for purposes of bereavement leave shall be as defined in Section 17.2 and also, inclusive of aunt, uncle, nephew or niece. ARTICLE 19 FAMILY&MILITARY LEAVE The County and the Union mutually agree to comply with all State and Federal Family Leave laws. For purposes of calculating leave-availability,the twelve (12) month period is measured backwards from the date an employee is approved for FMLA leave. Each time the employee takes FMLA during the twelve (12) month period,the leave will be subtracted from the twelve (12) weeks of available leave. If an employee has any questions regarding the State and Federal Family leave laws,'they may contact the County's Human Resource Department for guidance. 19.1 Military Leave In addition to benefits granted under USERRA, Employees shall be allowed military leave as required by RCW 38.40.060 and as interpreted bythe Court. This provides fortwenty-one(21)working days of military leave per year(October 1 through September 30). 19.2 Family Leave/FMLA&FLA Family Medical leave will be allowed consistent with State and Federal law and with existing County policies and is initiated by the employee having a qualifying event. Please refer to the Family Leave Policy, chapter 7.7, in the Mason County Personnel Policy, per the Washington State Family Medical Leave Act and RCW 49.78. The Employer shall maintain the Employee's health benefits during this leave. If the Employee fails to return from leave for any reason other than the medical condition initially qualifying for the FMLA absence, the Employer may recover from the Employee the insurance premiums paid during any period of unpaid leave. If a leave qualifies under bothfederal and state law, the leave shall run concurrently. Ordinarily, the Employee must provide thirty (30) days written advance notice to. the Employer when the leave is foreseeable. The Employee should report qualifying events as soon as known and practicable. The combination of FMLA and other types of leave(s) is not precluded and, in fact, leave utilizations are to be concurrent, with the intent that appropriate paid accruals are to be utilized first, consistent with other Articles of this Agreement. 19.2.1 Eligibility: Consistent with the federal Family and Medical Leave Act of 1993 (FMLA), and any amendments thereto, and the Washington State Family Leave Act of 2006 (WFLA), please refer to section 7.7, Family Leave, in the Mason County Personnel Policy for eligible uses. 19.2.2 Intermittent Leave: Personal medical leave, serious health condition leave, or serious illness or injury leave covered by family medical leave may be taken intermittently when certified as medically necessary. Employees must make -reasonable efforts to schedule leave for planned medical treatments so as.not to unduly disrupt the-Employer's operations. Leave due to qualifying exigencies may also be taken on an intermittent basis. Requests for intermittent leave to care for and/or bond with'a newborn, foster, or adopted child will be considered on a case-by-case Corrections/Support MCSO Collective Bargaining Agreement 2019-2021 21 basis. Before such intermittent leave is taken, the appointing authority or designee must approve the schedule to be worked. 19.3 Maternity Disability Leave Consistent with WAC 162-30-020, the Employer will grant a leave of absence for a period of temporary disability because of pregnancy or childbirth. This may be in addition to the leave entitlements of FMLA. This leave provides female Employees with the right to a leave of absence equivalent to the disability phase of pregnancy and childbirth. There is no eligibility requirement, however, the Employer has no obligation to pay for health insurance benefits while on this leave (unless utilized concurrent with FMLA or otherwise entitled under disability or sick leave paid status). Leave for temporary disability due to pregnancy or childbirth will be medically verifiable.There is no limit to the length of the disability phase, except for the right for medical verification and the right of second opinion at the Employer's expense. At the end of the disability leave, the Employee is entitled to return to the same job or a similar job of at least the same pay. Employees must use their accrued vacation and sick leave, if any, during the leave period and, at their election, any accrued comp time. Once this paid leave is exhausted,the Employee's leave may be switched over to unpaid leave. 19.4 Compliance The County and Union mutually agree to comply with all Washington State Paid Family& Medical Leave laws, per RCW 50A.04, and future amendments with the law. Eligible employees are covered by Washington's Family and Medical Leave Program, RCW 50A.04., 19.5 Union Leave Once approved,any employee selected to attend union training necessitating leave without pay,shall be granted leave without pay by the County provided sufficient advance notice is given, and is subject to minimum staffing and.does not create the need for overtime coverage. The duration of such leave without pay will be limited to one(1)week per calendar year and no more than one(1)employee may be on leave without pay at any one time.Annual cap of three(3)employees per calendar year attending training shall be strictly enforced. ARTICLE 20 INCLEMENT WEATHER This article shall apply to inclement weather, adverse natural conditions or other unusual situations. 20.1 Work Site Remains Open When an employee's normal work site remains open during inclement weather,the following applies: (a) The day will be a normal workday. (b) The appointing authority will require employees who do not report to work, who report late to work or who leave early on their own initiative to use accrued leave or compensatory time or take leave without pay for the time they are absent. Employees may not use sick leave. (c) The amount of leave.taken shall be based on the amount of time that the employee is absent from their normal workday. (d) The employee must give notice of intended absence and type of leave requested according to normal procedures. 20.2 Work Site is Closed for Non-Essential Personnel (as Defined by PERC) When the closure of their normal work site prevents an employee from working,the following rules apply for up to the first five (5) days of the closure: Corrections/Support MCSO Collective Bargaining Agreement 2019-2021 22 (a) Employees planning to work that day and prevented from doing so by the closure are not required to take leave. (b) Employees who report to work late or leave early due to the closure or due to the direction from their appointing authority are not required to take leave. (c) An employee who has pre-scheduled leave whose absence is unconnected with the closure of the work site shall take the time off as planned. The County shall not adjust the leave due to the work site closure. (d) The appointing authority may require an employee to work even though their work site is closed. If the appointing authority finds that the required work creates an undue hardship for the employee, the appointing authority may allow an employee required to work to take the time worked off at a later mutually agreed upon and convenient time. In cases where the closure lasts beyond five (5) working days, the Board of County Commissioners will determine what rules will govern. In extended situations, employees may be required to report to alternate work sites and may be assigned temporary duties in response to the extended closure. ARTICLE 21 SALARIES&SALARY NEGOTIATIONS 21.1 Bargaining All collective bargaining with respect to wages, hours,and working conditions, shall be conducted by authorized representatives of the Union and of the County in open public meetings as required by law. 21.2 Negotiations The County does hereby agree that its designated committee will meet with Union representatives to consider and negotiate in good faith by both parties all requests and recommendations of the Union prior to adopting any salary schedule or making any amendments to the same. 21.3 Civil Service Board Notification The County will notify the Union of any requested or received Civil Service action regarding any classification,or proposed classification falling under the jurisdiction of this Agreement. Such notification will be provided immediately upon request by the County for a modification or re-determination. In cases where the Civil Service Board initiates an unsolicited modification to a classification, notice shall be given immediately upon receipt of the Civil Service Board's impending action. 21.4. No Strike/Lockout It is agreed by both parties that the right to strike for better wages and working conditions is not granted to uniformed employees (RCW 41.56.490). ARTICLE 22 INSURANCE 22.1 Employer Contribution The County shall contribute as below each month during the term of this Agreement for each eligible employee for medical, dental,vision, and life insurance coverage. A. Effective January 1, 2019 the contribution shall be increased to one thousand and two hundred and sixty dollars ($1260) per month during the term of this Agreement for each eligible employee for medical, dental,vision, and life insurance coverage. B. Effective January 1, 2020 the contribution shall be increased to one thousand and three hundred and fourteen dollars($1314) per month during the term of this Agreement for each eligible employee for medical, dental,vision, and life insurance coverage. Corrections/Support MCSO Collective Bargaining Agreement 2019-2021 23 C. Effective January 1, 2021 the contribution shall be increased to one thousand and three hundred and sixty-eight dollars ($1368) per month during the term of this Agreement for each eligible employee for medical, dental,vision, and life insurance coverage. If any other bargaining unit or group of employees receive contributions greater than the above amounts the members of this bargaining unit will also receive those increased amounts on the same effective dates. In the event the Employer is subject to carrier plan design change or a penalty,tax,fine or increased costs as a result of requirements or provisions of the ACA, not within the control of the Employer, the parties agree to meet and negotiate regarding the impacts of any such cost or plan design impacts and immediately bargain alternative provisions. Eligible employees are those working or compensated for eighty(80) man-hours(excludes vacation, sick, comp time payout upon separation)or more per month during the calendar year. Any monthly premium contribution required above the County's contribution shall be paid by a reduction of the necessary amount from each employee's salary. Time missed from work due to a worker's compensation claim will be considered as time worked for employee group insurance and vacation purposes for a maximum of twelve (12) months. 22.2 Employer Contribution Priority Order In the event the County's maximum monthly contribution is insufficient to provide 100% of the total employee group insurance premium as referenced above,the priority order of full County payment shall be as follows: (1)Vision; (2) Dental, and (3) Medical. 22.3 Employee Pay Deduction Any monthly premium contribution required above the County's contribution shall be paid by a reduction of the necessary amount from each employee's salary. 22.4 Workers Compensation Consideration Time missed from work due to worker's compensation will be considered as time worked for employee group insurance purposes for a maximum of twelve (12) months. 22.5 Employee Assistance Program (EAP) The County shall provide an Employee Assistance Program (EAP) benefit for all employees. ARTICLE 23 EMPLOYER RELATIONS 23.1 Confidentiality The Employer and the Union recognize the interest of maintaining confidentiality to the employees personal information such as home address, home telephone numbers, personal wireless numbers, and identity of family members, therefore the Employer and the Union agree to take all reasonable lawful steps to assure confidentiality of these matters. 23.2 Written Policy Upon request, at the first of each calendar year, unless requested pursuant to Public Records Disclosure law(s),the County will furnish the Union with a copy of its written policies and procedures. The County agrees to bargain any policies and procedures which affect wages, hours and working conditions of the employees. Corrections/Support MCSO Collective Bargaining Agreement 2019-2021 24 23.3 Employer Cooperation The County agrees to permit Union Committee members to use the inter-office mail system and email for matters related to meeting notifications and contract negotiations. The Union acknowledges such information is subject to the Public Records Disclosure Act, thereby negating any confidentiality of the correspondence or any transmittal between Union members through electronic means and the inter- office mail. 23.4 Mandatory School and Training Sessions The Sheriff is permitted to conduct or direct the attendance of employees, .and each employee shall attend, any and all school and training sessions as directed by the Sheriff. As required in the policy manual, or mandated by Washington State Law, each employee shall be responsible for obtaining and maintaining certification for matters required in the policy manual and mandated by law. The school, training, or certification referred to in the above, shall be mandatory upon each employee requiring the attendance of such employee whether on their off-duty or on-duty time, depending upon when such classes occur. Attendance during actual class time shall be considered working time and shall result in compensation at the applicable rate of pay. ARTICLE 24 USE OF RESERVES&VOLUNTEERS Unless otherwise agreed, it is the Sheriff's policy that reserve officers and volunteers will be used to support, but not supplant regular employees represented in this contract, in the performance of the mission of the Sheriff's Office. It is further understood that Reserve Officers and Volunteers may be used to support, but not supplant represented employees at special events and on holidays. ARTICLE 25 UNIFORM ALLOWANCE 25.1 Uniforms&Equipment A quartermaster system of uniform acquisition will continue to be used by the County. Upon either completion of the academy, or upon lateral hire and acquisition from an outside agency or jurisdiction, members shall be issued the articles, which meets the Sheriff's Office standards, in accordance with the Uniform Policies of the Sheriff's Office. .Management reserves the authority to revise the required uniform list as necessary and needed with the Sheriff retaining final decision-making authority on Department issued uniforms and equipment. Effective January 1, 2016, the County will provide a newly hired Corrections Deputy a County approved duty weapon or sidearm in accordance with County policy and procedures. All uniform items provided by the County to a member (including the weapon and/or sidearm issued under this provision and any accompanying magazines) shall be returned to the County upon separation from employment. A. Uniform Allowance: All Corrections and Support Staff employees shall receive a monthly uniform maintenance allowance of seventy-five dollars($75.00). B. Replacement for Damaged Items: The County will replace County equipment, uniforms and/or authorized personal items damaged or destroyed while on duty upon request by the deputy and approval by the County. Requests for replacement of articles set forth in this Section will be made to the Deputy's supervisor who will review the request and condition of Corrections/Support MCSO Collective Bargaining Agreement 2019-2021 25 v the articles and make a recommendation on replacement to the Chief Deputy. The Chief. Deputy will make the final, binding decision on replacement of an article as established by County policy and procedure. The County shall also pay to replace-soft body armor at intervals consistent with the manufacturer's instructions. For any new assignment requiring different uniforms, deputies may receive used clothing for use on a temporary basis. Uniform and/or equipment items that are seized pursuant to, or in furtherance of an official investigation, that will be held for an extended period of time for forensic examination, other testing, or in evidence, and where the need for immediate replacement of these items is essential to the return to duty of the deputy,will be replaced and/or provided on loan at the County's option with items of a like type and quality meeting office specifications by the County. 25.2 Optional Items The County shall not require employees to purchase, at employee expense, optional uniform or equipment items. Additionally, the County will not restrict or discourage employees from voluntarily purchasing and wearing optional equipment items authorized by Sheriff's Policy. It is understood that optional items that do not meet appearance standards or serviceability requirements will be retired upon notice of failure to meet standards. 25.3 Basic Entry/Academy Items Newly hired Corrections Deputies attending the Criminal Justice Training Commission Academy (CJTC), will be provided, at the employers expense, all required uniform items (athletic wear etc.) required for attendance by the Academy. 25.4 Maternity Uniform Pregnant female employees will be provided appropriate maternity uniforms/apparel at county expense, or, at management's discretion,will be allowed to wear appropriate personal maternity clothing/apparel for duty. ARTICLE 26 BULLETIN BOARD&PRESS RELEASES 26.1 Bulletin Board The County shall provide a portion of a bulletin board for Union notices. The Union agrees to keep the bulletin board in good order. '26.2 Press Releases All press releases are to be made by the Sheriff or his designated representative. r Corrections/Support MCSO Collective Bargaining Agreement 2019-2021 26 J ARTICLE 27 FALSE ARREST INSURANCE&CIVIL LIABILITY INSURANCE The County shall provide employees with liability coverage through the use of commercial insurance or self-insurance. In the event-of self-insurance, the County agrees to provide legal representation to employees requiring such representation only for the acts or wrongful acts committed within the scope of their duties during the enforcement of their legal responsibilities;and to pay damages awarded against employees for acts or wrongful acts committed within the scope of their duties during the enforcement of their legal responsibilities. ARTICLE 28 SAFETY COMMITTTEE 28.1 Recognition and Duties The County and the Union recognize the desirability of reducing injuries arising out of employment to a minimum and further recognize that the problem can be solved only by cooperative effort. 28.2 Committee Allowances The Union shall elect bargaining unit members to a Safety Committee,which shall consist of not less than one (1) union member. The safety committee members will be appointed in writing, and a copy of the appointment sent to the County. The Joint Safety Committee shall meet monthly. The County is not obligated to compensate off-duty employees attending Safety Committee Meetings. The Safety Committee member will be allowed to take approved time off from their regular work to conduct safety inspections, investigations, or to confer with County officials, without loss of pay. 28.3 Compliance The Safety Committee shall work with the Sheriff to insure that working conditions shall be made and kept safe and in compliance with the safety laws, rules and regulations of the State of Washington. 28.4 Dispute Resolution Process The County will make reasonable efforts^to maintain working conditions in conformance with applicable Federal, State, and local health and safety laws and/or regulations. The bargaining unit representatives agree to bring to the attention of the County any conditions within the working environment deemed unsuitable under provisions of applicable laws or regulations. Should a dispute arise at the workplace regarding interpretation of applicable directives or the nature of working conditions, or when there is no applicable law or regulation,and a dispute arises,the issue shall be discussed with the Sheriff by the Safety Committee. If the issue remains unresolved, the matter will be referred to the Director of Human Resources. If the issue is not resolved at this step,the matter shall be referred to the Department of Labor and Industries for consultation, to ensure compliance with Washington Industrial Safety and Health Administration (WISHA) policy. ARTICLE 29 SAVINGS CLAUSE Should any clause of this Agreement be found to be in violation of any law,all other provisions shall remain in full force and effect. ARTICLE 30 DURATION AND TERMINATION Unless otherwise indicated,this Agreement shall be effective upon the signing of the Agreement and shall remain in full force and effect up to and including the 31St of December 2018. Either party may commence negotiations by filing written notice to the other party pursuant to the provisions of RCW 41.56. By mutual agreement,the Agreement may be extended for a period of one year. Corrections/Support MCSO Collective Bargaining Agreement 2019-2021 27 IN WITNESS WHEREOF, the parties hereto have executed this Agreement this day of , 2020. � n BOARD OF COUNTY COMMISSIONERS WOODWORKERS LOCAL MASON COUNTY W38, I.A.M. Sharon Trask, Chair Steve Cottrell, President Kevin Shutty, Commissioner Randy Neatherlin, Commissioner MASON COUNTY SHERIFF'S OFFICE Casey Salisbury, Mason County Sheriff APPROVED TO FORM Tim Whitehead, Chief Deputy Prosecuting Attorney Corrections/Support MCSO Collective Bargaining Agreement 2019-2021 28 ATTACHMENT A- WAGES Note: Figures may vary slightly due to rounding once calculated in MONIS 2019-1.5% Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Accountant 4303.44 4395.97 4485.87 4571.74 4669.55 Animal Control Officer 3543.49 3784.04 4031.52 4275.57 Civil Clerk 4106.55 4193.80 4279.69 4362.98 4452.83 Clerk 3265.95 3450.94 1 3635.99 3817.09 4000.36 Community Services Officer 2947.86 3107.52 3264.77 3423.19 3587.42 3750.51 3922.81 Control Room Operator 2950.24 3107.52 3267.10 3424.39 3588.59 3751.66 3923.99 Corrections Deputy 4161.50 4486.12 4725.56 5065.30 5166.60 Corrections Corporal 5424.93 5533.43 Corrections Sergeant 5810.10 5926.30 6044.83 6165.73 6289.04 Financial Assistant 4205.61 4378.77 4559.87 4743.60 4937.89 Food Services Coordinator 3424.39 3508.75 3589.75 3673.02 3758.59 Records Special 3906.96 3990.23 4072.14 4151.47 4238.70 Evidence Tech 3388.76 3604.001 3832.92 4076.36 4336.20 Note: Figures may vary slightly due to rounding once calculated in MUNIS 2020- 2.00% Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Accountant 4466.32 4562.35 4655.66 4744.78 4846.29 Animal Control Officer 3677.61 3927.27 4184.11 4437.40 Civil Clerk 4261.98 4352.53 4441.67 4528.12 4621.36 Clerk 3389.56 3581.56 1 3773.62 3961.57 4151.77 Community Services Officer 3059.44 3225.14 3388.34 3552.76 3723.20 3892.46 4071.29 Control Room Operator 3061.91 3225.14 3390.76 3554.00 3724.42 3893.66 4072.51 Corrections Deputy 4319.01 4655.92 4904.42 5257.02 5362.16 Corrections Corporal 5630.27 5742.87 Corrections Sergeant 6030.02 6150.62 6273.63 6399.10 6527.08 Financial Assistant 4364.79 4544.51 4732.46 4923.15 5124.79 Food Services Coordinator 3554.00 3641.56 3725.62 3812.04 3900.85 Records Special 4054.84 4141.26 4226.27 4308.61 4399.14 Evidence Tech 3517.02 3740.41 3978.00 4230.65 4500.33 Corrections/Support MCSO Collective Bargaining Agreement 2019-2021 29 r" Note: Figures may vary slightly due to rounding once calculated in MUNIS 2020-1.75% Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Accountant 4378.75 4472.89 4564.38 4651.75 4751.27 Animal Control Officer 3605.50 3850.26 4102.07 4350.39 Civil Clerk 4178.41 4267.19 4354.58 4439.33 4530.75 Clerk 3323.10 3511.33 3699.62 1 3883.89 4070.36 Community Services Officer 2999.45 3161.91 3321.90 3483.09 3650.20 3816.14 3991.46 Control Room Operator 3001.87 3161.91 3324.28 3484.31 3651.39 3817.32 3992.66 Corrections Deputy 4234.33 4564.62 4808.25 5153.94 5257.02 Corrections Corporal 5519.87 5630.27 Corrections Sergeant 5911.78 6030.02 6150.62 6273.63 6399.10 Financial Assistant 4279.21 4455.40, 4639.66 4826.62 5024.31 Food Services Coordinator 3484.31 3570.16 3652.57 3737.30 3824.36 Records Special 3975.33 4060.06 4143.40 4224.12 4312.88 Evidence Tech 3448.06 3667.07 3900.00 4147.70 4412.09 Corrections/Support MCSO Collective Bargaining Agreement 2019-2021 30 ATTACHMENT "B" —GRIEVANCE FORM CORRECTIONS AND SUPPORT STAFF GRIEVANCE FORM Formal Process/Date: STEWARD'S INFO: (Union Steward filing and representing grievant) Name: Work Phone: Facility: Assigned Shift: GRIEVANT'S INFO: (Member filing grievance) Name: Work Phone: Facility: Assigned Shift: GRIEVANCE INFO: Date of Incident: Contract Provision(s)Alleged Violated: (Article/Paragraph/ Policy): Remedy/Relief Sought: Statement (Issue/Facts): Corrections/Support MCSO Collective Bargaining Agreement 2019-2021 31 GRIEVANCE FORM CONTINUATION SHEET *Attach continuation sheet(s) and statement(s)to this form as needed Employee Signature/Date: , 20 Supervisor Signature/Date: , 20 Corrections/Support MCSO Collective Bargaining Agreement 2019-2021 32 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Frank Pinter DEPARTMENT: Support Services EXT: 530 BRIEFING DATE: 3/2/20 PREVIOUS BRIEFING DATES: N/A (If this is a follow-up briefing, please provide only new information) ITEM: Approval of the January 2019 — December 2021 Collective Bargaining Agreement (CBA) for Teamsters Local No. 252 & Operating Engineers Local 302 representing Mason County Public Works Unit. BUDGET IMPACTS: Supplemental—Funded by Ending Fund Balance. BACKGROUND: The exclusive representatives of Teamsters Local No. 252 & Operating Engineers Local 302 representing Mason County Public Works Unit have reached a tentative agreement with Mason County for the 2019-2021 term. It is noted and commended to the Commissioner's that the parties reached this Agreement, through a very collaborative.negotiations process. RECOMMENDED OR REQUESTED ACTION: Approval of the January 2019 — December 2021 Collective Bargaining Agreement (CBA) for Teamsters Local No. 252 & Operating Engineers Local 302 representing Mason County Public Works Unit. ATTACHMENTS: Collective Bargaining Agreement on file with Clerk of the Board. Briefing Summary 2/27/2020 COLLECTIVE BARGAINING AGREEMENT January 1 , 2019 — December 31 , 2021 BETWEEN TEAMSTERS UNION OPERATING ENGINEERS LOCAL NO. 252 and LOCAL 302 AND MASON COUNTY PUBLIC WORKS 1854. Operating Engineers/Teamsters and Mason County 2019—2021 Public Works Collective Bargaining Agreement Page 1 TABLE OF CONTENTS PREAMBLE......................................................................................................................................5 ARTICLE 1 - DEFINITIONS..........................................................................................................5 ARTICLE 2 - RECOGNITION .......................................................................................................6 2.1 RECOGNITION.......................................................................................................................6 2.2 NEW CLASSIFICATIONS........................................................................................................6 ARTICLE 3 -UNION SECURITY..................................................................................................7 3.1 UNION REPRESENTATION.....................................................................................................7 3.2 BARGAINING UNIT WORK....................................................................................................7 3.3 NONDISCRIMINATION-UNION ACTIVITY.............................................................................8 ARTICLE 4- UNION / EMPLOYER RELATIONS.....................................................................8 4.1 UNION ACCESS.....................................................................................................................8 4.2 FACILITY USE.......................................................................................................................8 4.3 STEWARDS ...........................................................................................................................8 4.4 ORIENTATION........................................................................................................................9 4.5 BULLETIN BOARDS...............................................................................................................9 4.6 CONTRACT DISTRIBUTION....................................................................................................9 4.7 NEGOTIATIONS RELEASE TIME............................................................................................9 4.8 GRIEVANCE RELEASE TIME.................................................................................................9 4.9 UNION BUSINESS..................................................................................................................9 4.10 BARGAINING UNIT ROSTER...............................................................................................10 ARTICLE 5 - EMPLOYMENT.....................................................................................................10 5.1 PROBATIONARY PERIODS..................................................................................................10 5.2 TYPES OF EMPLOYMENT....................................................................................................10 ARTICLE 6 - HOURS OF WORK AND OVERTIME...............................................................11 6.1 WORKDAYIWORKWEEK.....................................................................................................11 6.2 WORK SCHEDULES............................................................................................................11 6.3 REST/MEAL BREAKS .........................................................................................................11 6.4 OVERTIME...........................................................................................................................12 ARTICLE 7 - EMPLOYMENT PRACTICES.............................................................................12 7.1 NONDISCRIMINATION..........................................................................................................12 7.2 JOB POSTING .................:...................................................................................................12 7.4 PERSONNEL FILE/POLICIES.............................................................................................13 7.5 EVALUATIONS.....................................................................................................................13 7.6 DISCIPLINE/CORRECTIVE ACTION....................................................................................14 ARTICLE 8 - SENIORITY............................................................................................................15 8.1 LAY-OFF& RECALL...........................................................................................................15 8.2 BIDDING RIGHTS.................................................................................................................15 ARTICLE9 -WAGES ..................................................................................................................16 Operating Engineers/Teamsters and Mason County 2019—2021 Public Works Collective Bargaining Agreement Page 2 9.1 WAGE SCHEDULE. .............................................................................................................16 9.2 HIRE-IN RATES...................................................................................................................16 9.3 SHIFT DIFFERENTIAL..........................................................................................................16 ARTICLE 10-OTHER COMPENSATION...........................................................................:.17 10.1 CALL-BACK PAY...............................................................................................................17 10.2 WORK IN A HIGHER CLASSIFICATION....................:...........................................................17 10.3 MILEAGE REIMBURSEMENT...................:...........................................................................17 10.4 LONGEVITY.........................................................................................................................17 10.5 LEAD WORKER(DESIGNATED FOREMAN)........................................................................17 10.6 COMMERCIAL DRIVER'S LICENSE (CDL).........................................................................18 10.7 CLOTHING..........................................................................................................................18 10.8 SPECIALTY PAY(S).........................................................................:..................:...............18 ARTICLE11 - HOLIDAYS.................................................:..........................................................18 11.1 HOLIDAYS ............:............................................. ..........................18 ...................................... 11.2 HOLIDAY OBSERVANCE................:...............................................:....................................19 11.3 HOLIDAY COMPENSATION.................................................................................................19 ARTICLE12 -VACATION ..........................................................................................................19 12.1 VACATION ACCRUAL.........................................................................................................19 12.2 VACATION SCHEDULING BIDDING.....................................................................................20 12.3 VACATION PAY..................................................................................................................20, 12.4 VACATION UPON-TERMINATION........................................................................................20 ARTICLE13 - SICK LEAVE.........................................................................................................21 13.1 SICK LEAVE ACCRUAL..............................................................................................21 13.2 ' SICK LEAVE USAGE......................................................................................................21 13.3 SHARED LEAVE.............................................................................................................21 13.5 FAMILY MEMBER...........................................................................................................22 13.6 SICK LEAVE CASH OUT...............................................................................................22 ARTICLE 14- LEAVES OF ABSENCE..................................:.................................................22 14:1 IN GENERAL..................................................................................:...............................22 14.2 JURY DUTY/COURT.......................................................................................................22 14.3 MILITARY LEAVE...........................................................................................................22 14.4 BEREAVEMENT..............................................................................................................22 14.5 MAINTENANCE OF SENIORITY.......................................................................................23 14.6 LEAVE WITHOUT PAY...................................................................................................23 14.7 FAMILY LEAVE-FMLA..........................................................................:....................23 14.8 PAID FAMILY& MEDICAL LEAVE COMPLIANCE...........................................................23' ARTICLE 15 - HEALTH &WELFARE......................................................................................23 15.1 HEALTH AND LIFE INSURANCE.............................................................................:.......23 15.2 RETIREMENT..................................................................................................................23 ARTICLE16 - TRAINING.............................................................................................................25 16.1 TRAINING.....................:.................................................................................................25 16.2 TRAINING REIMBURSEMENT.........................................................................................25 Operating Engineers/Teamsters and Mason County 2019-2021 Public Works Collective Bargaining Agreement Page 3 1 ARTICLE 17 - LABOR / MANAGEMENT COMMITTEES.....................................................25 17.1 PURPOSE OF COMMITTEE.............................................................................................25 17.2 COMPOSITION OF COMMITTEE......................................................................................25 17.3 COMPENSATION............................................................................................................26 ARTICLE 18 - HEALTH & SAFETY..........................................................................................26 18.1 SAFE WORKPLACE.............................................. ............26 18.2 HEALTH &SAFETY PLAN..............................................................................................26 18.3 VEHICLE SAFETY...........................................................................................................26 ARTICLE 19 - GRIEVANCE PROCEDURE..............................................................................27 19.1 GRIEVANCE DEFINED.............................................................................................:......27 19.2 GRIEVANCE PROCEDURE..............................................................................................27 . 19.3 UNION/EMPLOYER GRIEVANCE....................................................................................29 19.4 SCHEDULE OF MEETINGS.............................................................................................29 ARTICLE 20 - NO STRIKE / NO LOCKOUT............................................................................29 20.1 NO STRIKE/NO LOCKOUT...........................................................................................29 ARTICLE 21 - MANAGEMENT RIGHTS AND RESPONSIBILITIES..................................29 21.1 MANAGEMENT RIGHTS AND RESPONSIBILITIES...........................................................29 ARTICLE 22 - GENERAL PROVISIONS.................................................................:................30 22.1 SAVINGS CLAUSE.........................................................................................................30 ARTICLE 23 - ENTIRE AGREEMENT......................................................................................31 23.1 DURATION CLAUSE.......................................................................................................31 23.2 ENTIRE AGREEMENT.....................................................................................................31 SIGNATURES ...............................................................................-.................................................32 APPENDIXI -WAGES ...............................................................................................................33 APPENDIX II - TREE REMOVAL DEFINITION & POLICY....................................................39 APPENDIX III - 4-10 WORK SCHEDULE ...............................................................................40. APPENDIX IV -FLAGGING SNOW REMOVAL.....................................................................41 APPENDIX V-SHOP ASSISTANT...........................................................................................42 APPENDIX VI -WORK ASSIGNMENTS.................................................................................43 APPENDIX VII - TRAINING PROGRAM PROTOCOL...........................................................44 APPENDIX VIII - DAILY WORK ASSIGNMENT PROTOCOL..............................................45 APPENDIX IX - CALL-OUT PROCEDURE.......................:..................:....................................46 Operating Engineers/Teamsters and Mason County 2019—2021 Public Works Collective Bargaining Agreement Page 4 PREAMBLE Mason County, a political subdivision of the State of Washington, hereinafter referred to as the "County" or "Employer," Operating Engineer's Local 302 and Teamsters Union Local No.252, hereinafter referred to as the"Council" or"Union,"do hereby enter into this Agreement. The Employer and the Union agree that the effective, efficient and uninterrupted performance of governmental service to the community is their common objective. In order to assist them in achieving that objective, this Agreement represents the establishment of fair and reasonable compensation and working conditions for the employees in this bargaining unit through the collective bargaining process. ARTICLE 1 — DEFINITIONS As used herein, the following terms shall be defined as follows: 1.1 Bargaining Unit (Council/Union) shall be Operating Engineers 302 and/or Teamsters Union Local No. 252. 1.2 Employer (County) shall mean the Board of Mason County Commissioners. 1.3 Employee shall mean a person occupying .a position and paid a salary or wage by the Employer and who is represented by the bargaining unit (as defined in Article 2.1 hereof) covered by this Agreement. Employee shall not include any person retained by the Employer under a'written personal services or consultant contract or agreement. 1.4 Executive,Administrative, and Professional Employees shall mean all employees as defined in WAC 296-128-500. 1.5 Job classifications and salary steps are listed and categorized in Appendix A of this Agreement. 1.6 "Immediate family" shall be defined as persons related by blood, marriage, or legal adoption in the degree of relationship of spouse, registered domestic partner, grandparent, parent (biological, adoptive, de facto, or foster parent, stepparent, or legal guardian of an employee or employee's souse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child), sibling, child (biological, adopted, or foster child, stepchild, or a child to whom the employee stands in loco parentis, is a legal guardian, or is. a de facto parent, regardless of age or dependency), grandchild, in compliance with WAC 296-130-030 and RCW 49.12.270 (or subsequent statutes) and other persons with the approval of the Elected Official/Department Head or designee. 1.7 "Overtime" shall mean all Employer-required work which has been performed in excess of forty (40) hours per week, or eight (8), nine (9), or ten (10) hours per day, consistent with Article 6.4. 1.8 Promotions, Transfers and Demotions defined and distinguished: a. Promotion is a change of an employee from a job classification to a different job classification which is compensated at a higher salary range. b. Transfer is a change of an employee from a job classification to a different job classification which is compensated at the same salary range. c. Demotion is a change of an employee from a job classification to a different job classification which is compensated at a lower salary range. Operating Engineers/Teamsters and Mason County 2019-2021 Public Works Collective Bargaining Agreement Page 5 1.9 Vacation shall mean a scheduled work day or accumulation of scheduled work days on which an employee may, by pre-arrangement, continue to receive the regular rate of compensation although he or she does not work. 1.10 A Day shall mean for the purpose of timelines associated with grievances, appeals and policy issues, shall mean a calendar day. ARTICLE 2— RECOGNITION 2.1 RECOGNITION The Mason County Board of Commissioners for MASON COUNTY recognizes that Operating Engineers Local 302 and Teamsters Union Local No. 252, Centralia and Olympia, Washington, has the right 'to bargain for all full-time and regular part-time employees of the Mason County departments of Mason County Equipment Rental and Revolving Division of the Department of Public. Works, excluding: supervisory employees, and confidential employees, under the conditions set forth in the Washington State Public Employee's Collective Bargaining Act of 1967. All collective bargaining with respect to-wages, hours and working conditions shall be conducted by .authorized representatives of the Union and authorized representatives of the Employer.Agreements reached between the parties of this Agreement shall become effective only when signed by the authorized representatives of the Union and by the Board of Mason County Commissioners. 2.2 NEW CLASSIFICATIONS When new Regular or Temporary positions are created within the Departments represented or the classifications listed in Article 9.1, the Union will be notified within ten (10) working days of the pending action prior to hire. When existing classifications are substantially modified within the Departments represented or the classifications listed in Article 9.1, the Union will be notified of the pending action within ten (10) working days of the date that the position is first posted /advertised or the proposed effective date of the action that would change the status of the classification. Itis mutually agreed that it is the intent of the parties to meet, upon request by either party, in order to include or exclude new or modified positions in the bargaining unit consistent with the duties, responsibilities, and organizational level of the classification. The parties agree that new classification(s) designated and approved by the Employer to be within the non-represented pay plans shall be excluded from the bargaining unit, absent a request to meet within thirty (30) calendar days. Existing bargaining unit classifications shall remain within the bargaining unit absent a mutual agreement by the parties or a decision by the Public Employment Relations Commission (PERC). If either party disagrees with the pay plan designation for a new or reclassified position, the parties recognize the determination of whether the position is included within the bargaining, unit may be reviewed by PERC upon petition by either party or jointly. Should PERC determine the classification to be included in the bargaining unit, the position shall be placed within the Union salary schedule at the appropriate rate of pay and at a step arrived at either by mutual agreement / negotiation or PERC ruling. Operating Engineers/Teamsters and Mason County 2019—2021 Public Works Collective Bargaining Agreement Page 6 ARTICLE 3 —UNION SECURITY 3.1 UNION REPRESENTATION a. It is mutually agreed that only Union members of this unit shall engage in active participation in Union affairs ofthis unit,orserve in a roleof leadership of the unitsuch as: serving as a delegate or representative, serving on negotiating or other Union committees, or participating in-other similar activities to the interest of the unit. b. The Union shall have up to a thirty (30) minute orientation with new employees during the employees' regular work hours. The Union will explain that it is the designated as the exclusive representative for all employees covered under the Collective Bargaining Agreement. The Union shall inform each new employee that membership in the Union is voluntary, and only when an employee clearly and affirmatively consents to joining, the Union may collect fees. In addition, the Union shall explain to the new employee the rights and the benefits the employee would forgo by being a non-member. c. The Union agrees to accept employees as members without discrimination as to race, color, creed, sex, sexual orientation, national origin or physical, sensory or mental disabilityor protected classes under the law. d. The Employer will provide for payroll deduction of Union dues and initiation fees upon authorization by the employee. Payroll deduction authorization cards must be received by the County department by the 15th day of the month to be recognized as effective for that month. The County will transmit to the duly designated officer of the Union the total amount so deducted together with the list of names of the employees from-whose pay deductions were made. All refunds of such deductions which may be required to.be made to any employee shall be made by the Union, and the Union shall settle all questions, and disputes between it and its members with reference to the deductions or refunds of the like without recourse to the County. e. The Employer will distribute one copy of this Agreement to each employee in the unit and to each newly hired employee of the unit. The cost of printing this Agreement shall be equally shared between the Department and the Union. IF. The Union agrees to supply the Employer with lists of officers of the Union and representatives and to keep such lists current. The Employer will recognize the officers and representatives, or shop stewards. g. Signatory organization will indemnify,defend,or hold the Employer harmless against any claims made and against any suit instituted against the County on account of any check- off of dues for the Union organization. The Union agrees to refund to the County any amounts paid to it in error on account of the check-off provisions upon presentation of proper evidence thereof by the County. 3.2 BARGAINING UNIT WORK The County shall have the right to select its supervisory employees regardless of whether such employees are members of a Council affiliate Union, it is the intent of both parties that all employees shall be represented by members of their respective Local Unions, consistent with Article 2.1. Supervisors will not perform bargaining unit work except in emergency situations, for the purpose of training or demonstration, or incidental assistance to a bargaining unit employee of short duration. Operating Engineersfreamsters and Mason County 2019—2021 Public Works Collective Bargaining Agreement Page 7 It is understood and agreed that this Agreement relates and applies to only work directly related to, or connected with operation and/or maintenance of building and/or projects owned,or operated by the County and to equipment owned or leased by the County. This statement will be applied as it has in the past. 3.3 NONDISCRIMINATION—UNION ACTIVITY Neither party shall discriminate against any employee because of membership in or non- membership in or activity on behalf of the Union. No employee shall be discharged or discriminated against for upholding Union principles, fulfilling duties as an Officer in the Union or serving on a Union committee. ARTICLE 4— UNION / EMPLOYER RELATIONS 4.1 UNION ACCESS Employees shall have the right to Union representation. The Union's authorized staff representatives shall have access to the Employer's premises where employees covered by this Agreement are working for the-purpose of investigating grievances and contract compliance, after notifying the Employer. Access for other purposes shall not be unreasonably denied by the Employer, provided however, that there is no serious or prolonged interruption of the Employer's working schedule. 4.2 FACILITY USE The conduct of Union business on Employer time and premises shall be subject to the limitations _set forth in this Article and with the understanding that no Union member or Officer shall use Employer's equipment in the conduct of Union business. The Union shall be permitted-to use designated premises of the Employer for Union meetings, with or without Union staff present, provided it is not disruptive to operations and space is available. Use of Employer's premises for meetings shall be limited to the hours of 5:00 pm to 8:00 am and 12:00 pm to 1:00 pm, unless otherwise approved by the Employer. 4.3 STEWARDS The Union may designate Shop Stewards for the Bargaining Unit as a whole. Stewards shall be allowed reasonable time during working hours.to investigate and process grievances. Prior to undertaking such grievance duties,the,Steward shall inform his/her supervisor of the need to be away from his/her work. The Department Head shall grant the Steward's request unless the Steward cannot be spared at that particular time. If such is the case,then the Department Head shall allow the Steward time to perform his/her Steward duties at the earliest possible time. The Union shall provide the Human Resources Department with a current list of all Stewards and Officers. With notice to the Employer, Stewards and/or the Officers shall be allowed reasonable time during working hours to investigate and process grievances, as defined in Article 4.8, 4.9 and 19.4. Union activities other than those provided for in this Article, are to be conducted on the employee's own time; e.g. lunch or coffee breaks, before or after work. Employees shall attend Union meetings on their own time. The duties of the Shop Steward shall be to create harmony between employees and the Employer, and there shall be no discrimination against the Shop Steward for his/her Union activities. Operating Engineersfreamsters and Mason County 2019—2021 Public Works Collective Bargaining Agreement Page 8 4.4 ORIENTATION During the new employee orientation process, Human Resources provide a copy of the Collective Bargaining Agreement and will notify new hire of their shop steward. Per RCW 41.56.037, each new hire will receive a minimum of thirty (30) minutes within the first ninety (90) days from the date of hire, and will take place at the employee's regular worksite or a mutually agreed upon location. Human Resources will notify the shop steward and Union representative of each new hire within ten (10) business days of the date of hire. i 4.5 BULLETIN BOARDS The Employer will provide a bulletin board for Union use. No materials shall be posted except notices of meetings and elections, results of-elections, changes in Union by-laws, notices of employee social occasions, similar Union notices, letters, and memoranda. Union will limit the posting of any material on the Employers' premises to its bulletin board. 4.6 CONTRACT DISTRIBUTION The Union will provide access to a copy of this Agreement to each new and current employee in the unit. The Employer will make a copy of the Agreement available on the County Website. 4.7 NEGOTIATIONS RELEASE TIME The Employer will make a good faith effort to assist in providing release time for Union negotiating team members participating in contract negotiations if negotiations take place on work time, provided that coverage can be arranged. 4.8 GRIEVANCE RELEASE TIME Prior to any proposed investigation of a grievance, stewards provide notice to their and the grievant's supervisor, which will be granted unless the steward, Officer or the grievant is working on something that requires immediate attention. If permission cannot be immediately granted, the Employer will arrange to allow investigation of the grievance at the earliest possible time. When it is necessary for stewards to conduct Union business authorized by this Agreement in an area or on a shift other than their own,they shall notify the supervisor of that area or shift of their presence and of the nature of their business. No compensation shall be provided by the Employer for such steward activities outside the employee's work shift, without express pre-authorization.by the steward's Department Director or Human Resources. 4.9 UNION BUSINESS Compensable Union business shall be defined as meeting- with an authorized Employer representative who schedules a meeting during normal business hours when it is necessary for a duly authorized Officer of the Union (who is also a member of the bargaining unit) to attend for the purpose of resolving a grievance filed by a member of the bargaining unit, or other issues that require the presence of a Union official. When reasonably possible, the Union representative will notify their Supervisor or designee when they are requested to attend a Union meeting during regular business hours. Consistent with Articles 4.3, 4.8 and 19.4, stewards and/or the Officers shall be afforded reasonable time for the investigation of grievance and compliance issues dealing with this Agreement. Other Union business will not be conducted on Employer time. Any concerns by the Employer which indicate that a Union or steward is spending an unreasonable amount of time performing Union duties shall be referred to Human Resources for discussion and resolution with the Staff Representative of the Union or their designee. The Union and the Employer have the right to communicate on matters of concern using e-mail, written correspondence, and telephonic communications. Operating Engineers/Teamsters and Mason County 2019—2021 Public Works Collective Bargaining Agreement Page 9 4.10 BARGAINING UNIT ROSTER The Auditor's Office will provide the Union with a list of all employees within the bargaining unit on an annual basis. The Auditor will also provide to the Union the-name and date of hire. ARTICLE 5— EMPLOYMENT 5.1 PROBATIONARY PERIODS All newly hired employees will serve an initial probationary period of six (6) months. A probationary period may be extended by the Employer with written notice to the employee and the Union. Trial Service Period - Employees who are transferred or promoted to'another position and/or classification in the bargaining unit shall serve a trial service period for one (1) month of work, consistent with Article 7.3. 5.2 TYPES OF EMPLOYMENT NOTE: BENEFITS ELIGIBILITY MAY NEED TO BE REVISED PER ACA AND TEAMSTERS TRUST RULES 5.2.1. REGULAR FULL-TIME EMPLOYEES: A regular full time employee is scheduled to work forty (40) hours per week. Regular-Full- Time employees are eligible to receive the standard benefit package. 5.2.2 REGULAR PART-TIME EMPLOYEES: A regular part-time employee typically is scheduled to work a minimum of twenty (20) hours per week but no more than forty (40) hours per week in a regularly budgeted, on-going position. Regular Part-Time employees are eligible to receive the standard benefit package, prorated to match the FTE percentage and adjusted by actual hours worked. Medical benefits are consistent with Article 15.1. 5.2.3 TEMPORARY EMPLOYEES: A temporary employee is hired for a-specific assignment or project that has a duration of employment and.schedule that is anticipated to work one.thousand and forty (1,040) hours or more in a twelve (1.2) month period. A temporary employee is eligible for the standard benefits package, prorated to match the anticipated FTE percentage and adjusted by actual hours worked. Medical benefits are consistent with Article 15.1 if Part-Time Temporary. If a regular employee accepts an assignment of a temporary position, that employee will be eligible for return rights to their former position upon completion of the specific assignment or term of the temporary employment or upon twenty (20) calendar days' notice from the Employer or thirty (30) calendar days' notice from the employee, whichever is earlier. The regular employee shall continue to earn seniority as to their former position during the period of the temporary position assignment. Any new-hire employee who is hired to fill the vacancy, which was created by the regular employee accepting a temporary position, will also be hired as a temporary employee and that employee will cease to have employment rights.upon the return of the regular employee to the former position. Employees in temporary positions serve an anticipated, but not guaranteed term. While a term of employment is anticipated, the assignment/project may be terminated at any time for any reason, with or without notice. I Operating Engineers/Teamsters and Mason County 2019—2021 Public Works Collective Bargaining Agreement Page 10 5.2.4 EXTRA HELP/ON-CALL EMPLOYEES: An on-call/extra help employee works in a limited, but on-going capacity. They do not have a specific end date. Their schedule may consist of an intermittent or varying schedule per week on an as needed basis, and are anticipated to work fewer than one thousand and forty (1,040) hours within a twelve (12) month period. They are not eligible for the benefits package. 5.2.5 SEASONAL EMPLOYEES: A seasonal employee works for a specific amount of time and is not anticipated to meet or exceed one thousand and forty (1,040) accumulated hours in a twelve (12) month period. A seasonal employee is not eligible to receive the benefits package. ARTICLE 6 — HOURS OF WORK AND OVERTIME 6.1 WORKDAYIWORKWEEK The workweek shall normally consist of five (5)workdays within a seven (7) consecutive day period beginning Sunday at 12:00 a.m. through Saturday 11:59 p.m. The assignment of workdays and work schedules shall be determined by the Employer in order to meet business and customer service needs or in response to budgetary demands. 6.2 WORK SCHEDULES Where a single shift is worked, eight(8) hours of continuous employment, except for lunch periods, shall constitute a day's work; time to start when employee arrives at normally assigned shop in response to County's orders. Five (5) days, 7:00 am Monday to 3:30 pm Friday, shall normally constitute a week's work. A guarantee of four (4) hours' pay shall be paid to any employee who reports to work on a work day but not put to work. Changes in work schedule, which may include changes in the schedule or total hours (Also, see Appendix II for 4-10 work schedules.). Management shall reserve the right to modify the daily schedule of the Roads, Fleet and Sign Shop personnel to ensure coverage of County needs beyond those of the Road Department itself. In an emergency identified by the Public Works Director or designee, management may implement a 12-hour, two-shift operation ('Noon to Midnight' and 'Midnight to Noon'). When the County implements such two-shift operation, all bargaining unit employees shall be compensated at the double-time rate of pay for all overtime hours. Employees will be given as much notice as possible to adjust to the change in hours going into and coming out of the revised work hours. This section shall supersede any other potential conflicting language in this Agreement. An earlier starting time than listed above may be adopted for any or all employees during the months of daylight saving's time. Such earlier starting time shall be mutually agreeable among the County, the employee(s) and the Council, and shall be paid at the regular rate of eight (8) hours of continuous work. (Also, see Appendix II for 4-10 work schedules.) 6.3 REST/MEAL BREAKS Employees shall receive a thirty (30) minute paid lunch after working more than two (2) hours' overtime, and an additional paid thirty (30) minute meal period for each additional four (4) hours of work. When employees are directed to work through their paid meal period(s), they shall have the option of taking their paid meal period(s) at the end of the shift or adding the equivalent amount Operating Engineersfreamsters and Mason County 2019—2021 Public Works Collective Bargaining Agreement Page 11 of paid time to their time sheet. Normally, employees will be entitled to two (2), fifteen (15) minute paid rest breaks during the regular work-day; one approximately midpoint through the first half of the work-day, and one approximately midpoint in the second half of the work-day. However, when operational needs of the County require a change to the norm and if the nature of the work allows an employee to take intermittent rest breaks from duty, management may require that such employee(s) take intermittent rest periods equivalent to the fifteen (15) minutes, as provided for in WAC 296-126- 092. 6.4 OVERTIME All time worked over eight (8) hours, or their regularly scheduled nine (9) or ten (10) hours in any one (1) day, shall be paid for at the rate of time and one-half. All work performed between 3:30/4:30 pm Friday and midnight Saturday shall be paid for at a rate of time and one-half. All work performed between midnight Saturday and midnight Sunday shall be paid for at the double- time rate. All work performed between midnight Sunday and 6:00 am Monday shall be paid for at the rate of time and one-half. Overtime shall be paid to the nearest quarter hour. The maximum hours worked shall not exceed sixteen (16) continuous hours, unless approved by the County Engineer or the Public Works Director. ARTICLE 7— EMPLOYMENT PRACTICES 7.1 NONDISCRIMINATION Mindful of their legal and moral obligations, the parties agree that in their service to the public they will provide equal treatment and respect for all including the public, as well as the parties to this Agreement. The Employer and the Union agree that they will not discriminate against any employee by reason of race, color, creed, national origin, physical handicaps, physical characteristics, sexual orientation, sex, age, place of residence and marital, family or Union affiliation status as long as the employee is capable of meeting the job requirements. Disputes involving this Article may be processed through an appropriate agency and/or the grievance procedure; however, use of the grievance procedure is encouraged prior to the initiation of any other official action involving such a dispute when the action is originated by the Union or members thereof. Whenever words denoting gender are used in this Agreement, they are intended to apply equally to either gender. 7.2 JOB POSTING All job vacancies (or newly created positions) under this Agreement shall be posted for one (1) week for bidding purposes by the Human Resources Department. The posting shall indicate the salary range for the position, the required or preferred minimum qualifications and/or experience and the application process. Union positions will be identified as such. Employees interested in the position must apply for the posted position within the one (1) week posting period in order to be considered. For employees to be considered they must meet the minimum qualifications of the job description. 7.3 PROMOTIONS Promotions, Transfers and Demotions defined -As used in this Article the following terms mean: A) Promotion is a change.of an employee from a job classification to a different job classification which is compensated at a higher salary range. Operating Engineers/Teamsters and Mason County 2019—2021 Public Works Collective Bargaining Agreement Page 12 B) Transfer is a change of an employee from a job classification to a different job classification which is compensated at the same salary range. C) Demotion is a change of an employee from a job classification to a different job classification which is compensated at a lower salary range. Employees who promote, transfer or voluntarily demote to another job classification shall serve a one (1) month trial service period in their new position. Employees may elect to revert to their previous job classification and position within thirty (30) calendar days of the effective date of the promotion, transfer or voluntary demotion. After this time, if an employee fails to successfully complete the trial service period in the new job classification, the employee may be returned to their previous position if it has not been either abolished or filled (i.e. an offer of employment has not been extended). If the position was abolished or filled, such employee will be laid off and eligible for recall in accordance with Article 8, except that the employee may not bump another employee. Employees on trial service shall be paid the appropriate established salary for that position; and, if reverted, will return to their previous salary (including any adjustments due; e.g. salary increase, step increase, etc.). 7.4 PERSONNEL FILE/POLICIES Unless otherwise provided by the terms of this Agreement, the Employer Administrative and Personnel Policies shall apply to members of this bargaining unit: Employees shall also refer to Employer policies to resolve matters not covered by this Agreement or for clarification of matters covered by this Agreement. However, where there is a conflict between Employer policies and any provisions of this Agreement, the provision(s) of this Agreement shall govern. The official personnel file for each employee shall be clearly identified as such and the Human Resources Department shall be the custodian of such files. The files shall be locked, and access shall be limited to the employee's Elected Official/Department Head or anyone designated by the Employer to act on their behalf, and staff in the Human Resources Department. An employee may examine his/her own personnel file by making an appointment with Human Resources. Representatives of the employee may be granted access with the written authorization of the employee, except as authorized by law. Conditions of hiring, termination change in status, shift, evaluations, commendations and disciplinary actions shall be in writing with a copy to the Employee prior to placement in their personnel file. The Employer's failure to abide by this Article pertaining to personnel file access shall not affect the Employer's ability to proceed with the merits of discipline or discharge but may be a separate Union grievable matter and any grievance time-lines will be correspondingly extended Employees shall have the right to provide a written response to any written evaluations or disciplinary actions to be included in the personnel file. Upon approval of the Human Resources Department, employees may add additional documents to their personnel file including, but not limited to, certifications, degrees, and commendations.) Medical files shall be kept separate and confidential in accordance with state and federal law. 7.5 EVALUATIONS The purpose of evaluation is to help an employee be successful in performance and to understand the standards and goals of their position and their Department. The evaluation will assess and focus on the employee's accomplishment of their job functions and the goals and standards of the position. Where the employee does not meet the above, a plan for correction, training or support should be developed with the employee. Operating Engineers/Teamsters and Mason County 2019—2021 Public Works Collective Bargaining Agreement Page 13 Evaluation may occur in two forms: 7.5.1, All regular employees should be formally evaluated in writing by their immediate supervisor and/or Department head or designee during the probationary or trial service period and at least annually (at date of hire or a common date) thereafter. 7.5.2 Additionally, evaluation of job performance may occur at anytime and on an ongoing basis. Evaluation may occur in various ways and may include coaching, counseling or written assessment. The evaluation process shall also include a review of the current job description. Evaluation shall not, by itself, constitute disciplinary action -disciplinary action must be specifically identified as such, in writing, consistent with Article 7.6. Employees will be given a copy of the evaluation. Employees will be required to sign the evaluation, acknowledging its receipt. Employees may elect to provide a written response to the evaluation, which will be.retained with the evaluation in the employee's personnel file. 7.6 DISCIPLINE/CORRECTIVE ACTION The Employer agrees to act in good faith in the discipline, dismissal or demotion of any regular employee and any such discipline, dismissal or demotion shall be made only for just cause. No employee shall be discharged except for just cause. The parties recognize that just cause requires progressive discipline. Progressive discipline may include: • oral warnings,-which will be documented; • written warnings — which may also include work performance improvement or corrective action plan for poor work performance or misconduct, • suspension without pay; • demotion; or • discharge. The intent of progressive discipline is to assist the employee with performance improvement or to correct misconduct. Progressive discipline shall not apply where the offense requires more serious discipline in the first instance. Both the sequencing and the steps of progressive discipline are determined on a case-by-case basis; given the nature of the problem. All disciplinary actions shall be clearly identified as such in writing. The employee will be requested to sign the disciplinary action. The employee's signature thereon shall not be construed as admission of guilt or concurrence with the discipline, but rather shall be an acknowledgement of receipt. Employees shall have the right to review and comment on disciplinary actions in their personnel file. A copy of all disciplinary notices shall be provid6d to the employee before such material is placed in their personnel file. Employees disciplined or discharged shall be entitled to utilize the grievance procedure. If, as a result of the grievance procedure utilization, just cause is not shown, personnel records shall be cleared of reference to the incident, which gave,rise to the grievance. Operating Engineersfreamsters and Mason County 2019—2021 Public Works Collective Bargaining Agreement Page 14 The Employer will notify the Union in writing within three (3) working days after any notice of discharge. The failure to provide such notice shall not affect such discharge but will extend the period within which the affected employee may file a grievance. The Employer recognizes the right of an employee who reasonably believes that an investigatory interview with a supervisor may result in discipline to request the presence of a Union representative at such an interview. Upon request, they shall be afforded a Union representative. The Employer will delay the interview for a reasonable period of time in order to allow a Union representative an opportunity to attend. If a Union representative is not available or delay is not reasonable, the employee may request the presence of a bargaining unit witness. (Weingarten rights) Employees shall also have a right to a notice and a determination meeting prior to any disciplinary action (except oral warning). The Employer must provide a notice and statement in writing to the employee identifying the performance violations or misconduct alleged, a finding of fact and the reasons for the proposed action. The employee shall be given an opportunity to respond to the charges in a meeting with the Employer, and shall have the right to Union representation during that meeting, upon request. (Loudermill rights) The Employer shall endeavor to correct employee errors or misjudgments in private, with appropriate Union representation if requested by the employee. Discipline shall be subject to the grievance procedure in this Agreement as to whether or not such action as to any post-probationary employee was for just cause. ARTICLE 8—SENIORITY 8.1 LAY-OFF&RECALL The principle of seniority shall be used in connection with layoff for lack of work and rehire upon resumption of work. The last person hired will be the first person laid off and the last person laid off will be the first person rehired. Persons being laid off and/or rehired under this provision must be qualified to perform the work available in order to exercise their seniority. Laid off employees will retain seniority rights for eighteen (18) months from date of layoff; all Seasonal employees will be laid-off before the lay-off of any regular employee. Seniority shall be lost if the employee does not return to work when offered their previous position. Employees rehired by the Employer (this does not apply to those returning from layoff) will be considered as new employees under this Agreement. Seniority shall also apply to promotion, demotion and transfer from one classification to another, providing the person exercising his/her seniority is competent and capable of performing the work. Seasonal employees_will only have seniority rights for available work within their classification and within that season; a Seasonal worker re-hired for a new season will be considered a new employee. 8.2 BIDDING RIGHTS 8.2.1 All job vacancies (or newly created positions) under this Agreement shall be posted for one (1)week for bidding purposes. In the case of filling skilled vacancies, the COUNTY will give consideration to employees who become qualified by vocational training. . 8.2.2 Daily assignment of equipment will be subject to review under the grievance procedure. . Operating Engineers/Teamsters and Mason County 2019—2021 Public Works Collective Bargaining Agreement Page 15 8.2.3 Seniority (for the limited purposes of bidding or layoff protection) may be changed under the following circumstances: 1) If an employee terminates County employment and subsequently returns to County employment in this bargaining unit,.all past seniority will be lost. 2) If an employee leaves a bargaining unit position and, without a break in employment, .takes another position in County service, then subsequently returns to a bargaining unit position, the employee shall keep their prior bargaining unit seniority. The employee will not receive bargaining unit seniority credit for time in a non-bargaining unit position. 3) If an employee is promoted, transfers or demotes from a Teamster position within the bargaining unit to an Operator position, or an Operator position to a Teamster position, and subsequently returns to a position under their prior Union the following will apply: a) For the purpose of layoff protection, all time counts. b) For the purpose of bidding, if the employee returns within six (6) months, all time counts; if the employee returns after six (6) months, only their prior time counts. ARTICLE 9 —WAGES 9.1 WAGE SCHEDULE. Effective upon ratification through December 31, 2021, each employee shall have his/her base wage as set forth in Appendix I: INCREASE 1/1/2019 2.00% 1/1/2020 1.75% 1/1/2021 1.50% Each move within a range is determined by the employee's anniversary date. The anniversary date is the day the employee started work within a range. Upon promotion of an employee placing him/her in a higher range,the date of the promotion becomes the anniversary date that determines future step increases within that range. The employee's actual date of hire with Mason County will always remain the same (regardless of promotion)for purposes of vacation leave, sick leave, and retirement. The COUNTY shall provide a check stub, which shall reflect straight-time, overtime, and premium pay. The COUNTY shall also provide an accrual slip showing vacation, sick leave, and floating holiday hours earned/used. 9.2 HIRE-IN RATES New regular employees shall normally be placed at Step 1 at the appropriate salary classification (see Appendix I -Wages), or placed consistent with current personnel rules. 9.3 SHIFT DIFFERENTIAL Shift differential is not applicable to this bargaining unit. operating Engineersfreamsters and Mason County 2019—2021 Public Works Collective Bargaining Agreement Page 16 ARTICLE 10—OTHER COMPENSATION 10.1 CALL-BACK PAY When an employee is called out before his/her regular designated starting time, or after completion of a shift, or on a Saturday, Sunday or holiday, he/she shall be paid a minimum of four (4) hours at the appropriate rate unless the employee chooses to leave work of their own volition then the minimum shall be two.: (2) hours. When called adjacent to shift, payment is for time worked. Except, if an employee is called out less than four (4) hours before the start of his/her regular shift, the employee will be paid to the regular start time. When an employee is called to work before their regular starting time'and continues to work into their regularly scheduled start time, the employee will be allowed to remain at work until their regular quitting time. 10.2 WORK IN A HIGHER CLASSIFICATION Employees performing, work-in a higher paid classification shall receive the higher wage rate beginning with their third (3rd) assignment to such higher rated work within a year's period; or shall receive the higher wage rate beginning with the third (3rd) day of performance on.the higher rated work. After once qualifying for the higher wage rate on higher classified work, employees shall continue to receive the higher rate whenever performing such work in the future. Employees performing work in a higher paid classification shall receive the higher wage rate for the entire day. 10.3 MILEAGE REIMBURSEMENT All bargaining unit employees who are required to use their own vehicles for Employer business shall be reimbursed at the mileage rate set by the current IRS Rate for all miles driven on such business. 10.4 LONGEVITY The County shall provide additional monthly compensation above each eligible regular full-time employee's,base salary(or base hourly rate, if applicable)to recognize continuous length of service as a County employee. Eligible regular part-time employees shall receive longevity pro-rated in proportion to the hours the part-time employee is in pay status during the month as compared to that required of full-time employment. The longevity benefit will be implemented in accordance with i the following schedule: Beginning in 11th and continuing thru 15th year 1.5% above base Beginning in 16th and continuing thru 20"year 3.0% above base Beginning in 21 st,and continuing thru 25'year 4.5% above base Beginning in 26th year and continuing thereafter 6.0% above base 10.5 LEAD WORKER(DESIGNATED FOREMAN) The County may, designate an employee as a Lead Worker / Foreman; such designation is not considered to be a"job vacancy"or"newly created position"as referenced in Article 8—SENIORITY, Section 2. Employees who are assigned to act as working Lead/Foreman shall receive an additional $2.00 per hour for the entire day. Such employee shall be subject to all conditions of the Collective Bargaining Agreement including distribution of overtime. Operating Engineers/Teamsters and Mason County 2019—2021 Public Works Collective Bargaining Agreement Page 17 A Lead Worker/Foreman will typically direct, oversee and/or organize the work of other employees, although the County reserves the exclusive right to make a Lead Worker designation based on other factors and rationale. The Lead Worker cannot hire, fire, or discipline other employees within the bargaining unit. This job classification is used at the discretion of management. 10.6 COMMERCIAL DRIVER'S LICENSE(CDL) The County shall pay for all required medical examinations for employees who are required to possess a Commercial Driver's License, and also reimburse an employee for the initial and renewal costs for CDL testing above the basic Washington State Driver's License that are unique to maintaining the employee's required Commercial Driver's License (excluding any post/fees incurred as a result of improper driver acts). The initial CDL cost will only be reimbursed as long as Mason County remains as an approved DOT training facility. The initial CDL training will be covered as long as Mason County remains as an approved DOT training facility. 10.7 CLOTHING The County shall provide an annual clothing allowance to each bargaining unit employee in the amount of two hundred dollars ($200), payable by the second payday in July. Additionally, the County agrees to reimburse each mechanic for replacement safety eye glass lenses of up to fifty dollars ($50) per year. 10.8 SPECIALTY PAY(S) Tree Removal: Any employee performing tree removal specialty work, as defined in Appendix II- Tree Removal Definition & Policy shall receive premium pay of Fifty Dollars ($50.00) for any day in which he/she performs such specialty work, only when such work has been specifically authorized or directed by the supervisor. Herbicide Applicator Technician: Employees with appropriate license and/or certification who are assigned to herbicide application duties shall receive an additional $1.00 per hour for all hours worked on any given day. Tool Allowance for Mechanics: The County shall provide an annual tool allowance of Four Hundred fifty Dollars ($450) for each Mechanic, payable by the second payday in July. This allowance is to cover the cost of the purchase of new tools or the replacement cost of tools rendered unusable due to breakage, wear-and-tear, and/or loss. Skilled Tree Falling: Employees who are assigned to skilled tree failing shall receive an additional $2.00 per hour for the entire day. ARTICLE 11 - HOLIDAYS 11.1 HOLIDAYS New Year's Day Labor Da Martin Luther King Day Veterans'Da Presidents'Day Thanksgiving Da Memorial Day Day After Thanksgiving* July Fourth Christmas Eve Da Two (2) Floating Holidays Christmas Day * For employees on 4-10's (Monday through Thursday), the 'Day after Thanksgiving' holiday shall be observed on Wednesday, the day before Thanksgiving. Operating Engineersfreamsters and Mason County 2019—2021 Public Works Collective Bargaining Agreement Page 18 f 11.2 HOLIDAY OBSERVANCE When a recognized .holiday falls on Saturday, the work day preceding shall be considered the holiday. When a recognized holidays falls on Sunday, the following work day will be considered a holiday. If any of the above holidays, or days celebrated in lieu.of, is worked, the employee shall receive pay at the double time rate plus holiday pay. Christmas Eve Day may be taken off based on the operational needs of the County and Public Works, and if this cannot be accommodated, the employee will schedule an alternate day with their supervisor's approval. 11.3 HOLIDAY COMPENSATION Effective upon ratification of this Agreement, holiday pay for each holiday will be commensurate with an employee's (daily) normal weekly work schedule (i.e., 4-10 schedule is 10 hours' holiday pay; 5- 8 schedule is 8 hours' holiday pay, 9-80 schedule is 9 hours' pay). Employees must use their floating holiday(s) on or before December 15. ARTICLE 12—VACATION 12.1 VACATION ACCRUAL - All regular and Temporary full-time employees of the COUNTY coming under this Agreement shall be entitled to and receive vacations with pay as follows: 1 st through 3rd year of employment 96 hours 4th through 7th year of employment 120 hours 8th through 9th year of employment 144 hours 10th through 11th year of employment 160 hours 12th through 14th year of employment 176 hours 15th through 16th year of employment 184 hours 17th through 19th year of employment 192 hours 20 or more years of employment 200 hours Regular and Temporary part-time employees shall accrue vacation leave on a pro-rated basis in proportion to the number of hours the part-time employee is in pay status during the month as compared to that required for full-time employment, plus they must also meet the qualification for PERS participation to have vacation leave accrual apply. The first day of the month of hire shall be the effective date of subsequent increases in the vacation leave accrual rate for employees hired between the first(1 st) and the fifteenth (15th) of the month. The first day of the month following the month of hire shall be the effective date of subsequent increases in the vacation leave accrual for employees hired between the sixteenth and the last day of the month. Regular and Temporary full-time employees shall accumulate 1/12th of their yearly accumulation total per month. Such vacation as is not used shall accumulate, except that such accumulation may not exceed four hundred (400) hours. No additional vacation leave will be accrued or added to an employee's vacation leave benefit when the maximum accrual has been attained. Vacation leave will be charged by the actual number of hours taken. Regular and Temporary full-time employees must work or be in a paid status at least eighty(80) hours in a month in order to accrue vacation leave for the month. Whereas, the County recognizes the importance of employees utilizing earned vacation leave to promote and enhance their mental and physical well-being, employees should attempt to use vacation leave during the year in which it is earned. Operating Engineers/Teamsters and Mason County 2019—2021 Public Works Collective Bargaining Agreement Page 19 12.2 VACATION SCHEDULING BIDDING It is understood and agreed that employees will be allowed to pre-select their vacations, except from July 1st through August 15th (however, employees will be allowed to-take a vacation during this period provided minimum staffing requirements are met), as follows: A vacation seniority list will be posted as of January 1 st each year. • Employees by seniority shall have until February 15th to pre-select-their vacation, limited to two (2) employees at any one time. • Employees shall be allowed one choice for one period on seniority basis. Second choice for second period shall be allowed on seniority basis after all employees have had an opportunity to select first vacations. The same seniority basis shall apply to any additional periods. • Other requests are subject to approval by the COUNTY and will be on a first-come, first- served basis. - 12.3 VACATION PAY / Vacation leave days shall be the same as the regular workday schedule for the Department wherein the employee is employed. Vacation pay shall be the amount that the employee would have earned if the employee had worked their regular position during the vacation period. If an authorized holiday occurs within an employee's vacation period,:that day will be paid as a holiday and not deducted from the employee's vacation accruals. Employees cannot receive vacation, sick leave or holiday pay simultaneously for the same days. Employees shall have the option of using comp time or vacation leave for approved paid time off. 12.4 VACATION UPON TERMINATION 12.4.1 Leave Cash-out Cash payments as a bonus for accrued annual leave that is not actually taken will not be allowed. However, when an employee is furloughed or separated from service without prejudice, he/she may be continued on the payroll for the time equivalent to the amount of annual leave accrued and not previously taken. This provision does not apply to accrued sick leave. When the employee is discharged for cause, he/she shall be paid in full of all accrued annual leave. 12.4.2 Where an employee of the COUNTY continues employment, but in a changed classification, no compensation for accrued annual leave earned during his/her employment in the first classification will be paid in addition to the salary he/she received under their new classification. The number of days earned may be carried over and added to the number of days the individual will accumulate in his/her new classification. 12.4.3. The cash-out of accrued leave or other accrued time off shall be paid and reported in accordance with the provisions of law regulated by the Washington State Department of Retirement Systems. Operating Engineers/Teamsters and Mason County 2019—2021 Public Works Collective Bargaining Agreement Page 20 ARTICLE 13 - SICK LEAVE 13.1 SICK LEAVE ACCRUAL Per the Washington State Paid Sick Leave law, RCW 49.46, in accordance with WAC 296-130 and Initiative 1433, the County and the Union mutually agree to comply the with the laws. Sick leave shall be earned for all Regular and Temporary full-time employees, who have worked or been in a paid status at least eighty(80) hours, at a rate of eight (8) hours per month for each calendar month of continuous employment. Regular and Temporary part-time employees shall accrue sick leave on a pro-rated basis in proportion to the number of hours the part-time employee is in a paid status during the month as compared to that required for full-time employment. Sick leave accrual may not exceed one thousand two hundred (1,200) hours. 13.2 SICK LEAVE USAGE Usages of sick leave shall be consistent in accordance with the Washington State Paid Sick Leave law, RCW 49.46, WAC 296-130 and Initiative 1433, the County and the Council mutually agree to comply with the laws. 13.3 SHARED LEAVE Employees are eligible to participate in the County's Shared Leave Policy. 13.4 COORDINATION -WORKER'S COMPENSATION In the event an employee shall be entitled to benefits or payments under any program of disability insurance furnished by the Employer, Worker's Compensation Act or similar legislation by the State of Washington or other governmental unit, the Employer shall pay to the employee only the difference between the benefits and payments received under such insurance or act by such employee and the regular rate of compensation that he/she would have received from the Employer if able to work. In such event, the number of hours deducted from the employee's total accrued sick leave shall be the hourly equivalent of the Employer's payment. The foregoing payment or contribution by the employer shall be limited to the period of time that such employee has accumulated sick leave credits as herein above specified. a. For a period of absence from work due to injury or occupational disease resulting from County employment, the employee shall file an application for Worker's Compensation in accordance with State Law. b. If the employee has accumulated sick leave credit, the County shall pay the sick leave difference between his/her time loss compensation and his/her full regular salary, unless the employee elects not to use his/her sick leave. c. Should an employee receive Worker's Compensation for time loss and he/she also receives sick leave compensation, his/her.sick leave accrual prior to the time loss will be reduced by the total number of hours he/she was on sick leave, minus the number of hours at full salary for which he/she is paid from a worker's compensation fund, to the nearest hour. d. Until eligibility for Worker's Compensation is determined by the Department of Labor and Industries, the County may pay full sick leave, provided that the employee shall return any subsequent overpayment to the County. e. Should.any employee apply for time loss compensation and the claim is then or later denied, sick leave and annual leave may be used for the absence in accordance with other provisions of this rule. Operating Engineers/Teamsters and Mason County 2019—2021 Public Works Collective Bargaining Agreement Page 21 f. Nothing herein pertains to a permanent disability award. g. If any employee has no sick leave accumulated, vacation leave may be substituted for"sick" leave above. h. Time missed from work that is due to worker's compensation claims will be considered as time worked for employee's paid health and welfare and vacation purposes for a maximum of twelve (12) months. , c 13.5 FAMILY MEMBER Authorized uses of sick leave may be utilized as referenced above in this article for immediate family, as defined in Article 1.6. 13.6 SICK LEAVE CASH OUT Employees hired before January 1, 2017, shall receive payment for accrued sick leave upon termination of employment with fifteen (15)years of continuous county service; or upon termination of employment with Mason County when the termination is contemporaneous with retirement from an applicable Washington State Public Employees Retirement System; or upon the death of the employee, in which case payment shall be made to his/her estate. For employees hired on or after January 1,2017, neither they nor their estate shall be eligible to receive any cash out of the employee's accrued sick leave upon separation from county service. ARTICLE 14— LEAVES OF ABSENCE 14.1 IN GENERAL Leaves of absence requests shall not be unreasonably denied. All leaves are to be requested in writing as far in advance as possible. As appropriate for the type of leave requested, paid leave accruals will be utilized prior to unpaid leave, unless otherwise provided for in this Agreement. Leave does not accrue nor may it be used until the first day of the following pay period in which it is earned (no "negative" leave use during the period in which it is earned). 14.2 JURY DUTY/COURT An employee, who is required to serve on a jury or as a result of official Employer duties is required to appear before a court, legislative committee or quasi-judicial body as a witness in response to a subpoena or other directive, shall be allowed authorized leave with pay less any amount received for such duty. 14.3 MILITARY LEAVE All Regular and Temporary employees shall be allowed military leave as required by RCW 38.40.060 and as interpreted by the Court. This provides for twenty-one (21) working days of military leave per year (October 1 through September 30). Employees enlisting or entering the military service of the United States, pursuant to the provisions of the Uniformed Services Employment and Reemployment Rights Act of 1994US( ERRA) shall be granted all rights and privileges provided by the ACT. 14.4 BEREAVEMENT Up to three (3) days of paid bereavement leave may be granted in case of death in the immediate family requiring the attendance of the employee (funerals are included), Two (2) additional days sick leave may be granted at the employee's request. It is agreed that "immediate family" for purposes of bereavement leave includes only the following persons, whether related by blood or marriage or legal adoption: wife, husband, parent, grandparent, brother, sister, child, grandchild, Operating Engineers/Teamsters and Mason County 2019—2021 Public Works Collective Bargaining Agreement Page 22 aunt, uncle, cousin, niece, nephew, grandmother-in-law, grandfather-in-law, mother-in-law, father- in-law, sister-in-law, brother-in-law, son-in-law, or daughter-in-law of the employee. 14.5 MAINTENANCE OF SENIORITY The Employer shall adjust the employee's anniversary date to reflect any period of unpaid leave. Seniority shall continue to accrue and the employee's anniversary date shall not be adjusted, for periods of legally protected leave, such as FMLA or military leave. 14.6 LEAVE WITHOUT PAY Any absence from duty allowed for which equivalent leave has not been accrued shall be considered as leave without pay and must be preapproved by Director or Designee. The value of the excess over the amount accrued deducted from the earnings of the employee and clearly set forth in the payrolls affected. 14.7 FAMILY LEAVE—FMLA The County and the Council mutually agree to comply with all State and Federal Family Leave Laws (FMLA, RCW 49.78). The Employer will grant leave consistent with the FMLA and the adopted conditions and provisions of the state and federal law and are not"intended to expand upon the rights thus set forth. If an employee has any questions regarding the State and Federal Family leave laws, they may contact the County's Human Resource Department for guidance 14.7 PAID FAMILY&MEDICAL LEAVE COMPLIANCE The County and'Union mutually agree to comply with all Washington State Paid Family & Medical Leave laws, per RCW 50A.04 ARTICLE 15— HEALTH &WELFARE 15.1 HEALTH AND LIFE INSURANCE The County shall contribute as identified below per employee, per month toward the premiums for Health and Welfare benefits for each employee, including their eligible dependents, compensated eighty (80) man-hours (excludes vacation, sick, comp time payout upon separation) or more per month. This contribution is to be applied to premiums for the Washington Teamsters Welfare Trust Medical Plan B (including the $400 Weekly Time Loss and 12-month Waiver of Premium options) and current County dental, vision, and life insurance plans. The Trust reserves the right to modify benefits or eligibility for the purpose of cost containment, cost management,for changes. The County contribution for Health &Welfare Insurance shall be: A. Effective January 1, 2019 the contribution shall .be increased to one thousand two hundred and fifty-eight dollars ($1258) per month during the term of this Agreement for each eligible employee for medical, dental, vision, and life insurance coverage. B. Effective January 1, 2020 the contribution shall be increased to one thousand three hundred ten dollars ($1310) per month during the term of this Agreement for each eligible employee for medical, dental, vision, and life insurance coverage. C. Effective January 1, 2021 the contribution shall be increased to one thousand three hundred sixty-two dollars ($1362) per month during the term of this Agreement for each eligible employee for medical, dental, vision, and life insurance coverage. Operating Engineers/Teamsters and Mason County 2019—2021 Public Works Collective Bargaining Agreement Page 23 In the event the County's maximum monthly contribution is insufficient to provide all of the total Health and Welfare premiums referenced above, the priority order for full County payment shall be as follows: (1) Life Insurance; (2) Vision; (3) Dental; and (4) Medical. Any monthly premium contribution required above the County's maximum contribution shall be paid by a reduction of the necessary amount from the employee's salary. The County agrees to contract with a.medical service provider to conduct physical examinations required to maintain a Commercial Driver's License. Should an employee elect to use a medical care provider other than that contracted with the County, the employee is liable for any costs. In the event the Employer is subject to carrier plan design change or a penalty, tax,fine or increased costs as a result of requirements or provisions of the ACA, not within the control of the Employer, the parties agree to meet and negotiate regarding the impacts of any such cost or plan design impacts and immediately bargain alternative provisions. Employee Assistance Program: The County shall continue to provide an Employee Assistance Program (EAP) benefit for all bargaining unit employees. 15.2 RETIREMENT The COUNTY shall continue to participate in the appropriate Public Employees' Retirement System. Pensions for employees and contributions to pension funds will be governed by the Washington State statutes in relation thereto in existence during the contract period. Western Conference of Teamster Pension Trust Fund: The County shall continue to contribute into the supplemental Teamsters pension plan: Effective January 1, 2008, based on January 2008 hours, the County shall pay an amount equal to Two Dollars and fifty cents($2.50) per hour($2.35 Basic contribution, plus$.15 PEER 84)for each hour for which compensation is paid to him/her into the Western Conference of Teamsters Pension Trust Fund on account of each member of the Teamster bargaining unit, said amounts to be computed monthly. The total amount due for each calendar month shall be remitted in a lump sum not later than ten (10) days after the last business day of such month. The County agrees to abide by such rules as may be established by the Trustees of said Trust Fund to facilitate the determination of the hours for which contributions are due, the prompt and orderly collection of such amounts, the accurate reporting and recording of such hours and such amounts paid on account of each member of the Teamster bargaining unit. Failure to make all payments herein provided for, within the time,specified, shall be a breach of this Agreement. Further, the Employer and Union accept as their representatives for the purpose of such Trust Funds, the present Employer and Union Trustees and their duly elected or appointed successors. The contribution required to provide the Program for Enhanced Early Retirement (PEER) will not' be taken into consideration for benefit accrual purposes under the Plan. The additional contribution for the PEER 84 must at all times be 6.5% of the basic contribution and cannot be decreased or discontinued at any time. Operating Engineers/Employers Retirement Fund: The County shall continue to contribute into the Operating Engineers supplemental pension plan: Effective January 1, 2008, based on January 2008 hours, the County shall contribute Two Dollars ($2.00) for each compensable man-hour of Operating Engineers, including working Operating Operating Engineers/Teamsters and Mason County 2019—2021 Public Works Collective Bargaining Agreement Page 24 Engineer foremen covered by this Agreement, employed by the County in Operating Engineer bargaining unit work covered by the terms of this Agreement. Said contributions shall be computed monthly and made on or before the fifteenth (15th) day of the month following the month in which the hours were worked, to the Locals 302 and 612 Operating Engineers/Employers Retirement Fund in'the manner as set forth in the Trust Agreement of the said Trust Fund, and shall continue for the duration of this Collective Bargaining Agreement. Failure to make all payments herein provided for, within the time specified, shall be a breach of this Agreement. The details of the Retirement Plan established by this Trust Fund shall continue to be controlled and administered by a joint Board of Trustees composed of equal representation from the Unions and the AGC of Washington who are the signatory to the Trust Agreement of the aforesaid Trust Fund. Each Trustee appointed by the Union shall be a member of the appointing Local and each Trustee appointed. by the Employers shall be a member of an affiliated firm of the AGC of Washington or a regular paid employee of the AGC of Washington. ARTICLE 16 -TRAINING 16.1 TRAINING Approval for attendance at training, the hours intended to be compensated and the reimbursement for travel and expenses shall be established by the supervisor prior to the training, consistent with the current policy. r 16.2 TRAINING REIMBURSEMENT Compensation associated with training or representation of the Employer on official business shall be consistent with the current policy and the Fair Labor Standards Act (FLSA) and WAC 296-128- 500. ARTICLE 17— LABOR/ MANAGEMENT COMMITTEES 17.1 PURPOSE OF COMMITTEE The Employer and the Union agree that a need exists for continuing cooperation between labor and management, and to meet from time to time upon the request of either party concerning suggestions and issues of a general nature affecting the Union and the Employer relations. The parties therefore establish a Labor/Management Committee consisting of up to six (6) members from the Bargaining Unit and the Union staff representative, and up to six (6) members from the Employer, including a representative from Human Resources. The committee will meet upon mutual agreement during working hours to discuss matters of mutual interest or concern.The committee shall not have the authority to change this Agreement, nor shall it substitute for the grievance procedure. The above provision does not preclude and in fact encourages the parties to also meet informally and expeditiously on an as needed basis on matters of mutual concern. Policy Work Groups: The Union will be given an opportunity to designate participants to Policy Work Groups related to employment policies. Policy Work Groups will be chaired by Human Resources. Policy Work Group participants will not negotiate on behalf of the Union regarding employment policies that would impact wages, hours and working conditions. 17.2 COMPOSITION OF COMMITTEE The Labor Management Committee meetings will include a minimum of three (3) representatives of the employer and a minimum of three (3) representatives appointed by the Union, unless otherwise mutually agreed upon. Said committee shall attempt to meet for the purpose of discussing and Operating Engineers/Teamsters and Mason County 2019—2021 Public Works Collective Bargaining Agreement Page 25 facilitating the resolution of issues which may arise between the parties other than those for which another procedure is provided by law or other provisions of this Agreement. 17.3 COMPENSATION All meeting time spent by members of the joint Labor-Management Committee will be considered time worked if'during duty hours and will be paid at the appropriate regular rate of pay. 17.4 LABOR/MANAGEMENT SCHEDULING COMMITTEE The Bargaining Unit and Public Works Management or designee may meet to discuss complexities of scheduling. The parties may meet monthly at a mutually agreed upon time and location and may bring in anyone they wish to assist them.A member of Labor may meet with Employer's scheduling management and discuss the day to day necessities of staffing management between areas and workgroups. This in no way infringes on management's right to assign work and schedule employees. (Article 21.1.G.) ARTICLE 18— HEALTH & SAFETY 18.1 SAFE WORKPLACE The Employer is responsible for maintaining a safe and healthful workplace. The Employer shall comply with all federal, state, and local laws applicable to the safety and health of its employees. Employees shall not be required to perform work if they have a reasonable basis for believing the assignment would constitute a danger to their health and safety. The employee shall immediately contact a supervisor who shall make a determination with regard to safety. Upon the supervisor's review and liability,. the employee will perform the work but may refer the matter to the safety committee or risk management. 18.2 HEALTH &SAFETY PLAN The Employer shall develop and follow written policies and procedures to deal with on-the-job safety and shall conduct an ongoing site specific safety and security plans in conformance with state and federal laws. Safety equipment; protective gear; appropriate supplies: The County may utilize a `quartermaster system' to supply employees with appropriate safety equipment, protective gear, and other appropriate supplies on an as-needed basis. When such time, as any or all of such equipment wears out, the County shall replace such items, free of charge to the employee, so long as it can be shown that the items were no longer functional due to standard `wear and tear' and not due to the negligence or intentional misconduct by the employee to damage such equipment items. Staffing and proper equipment required for.job assignments will be made with consideration for employee safety. Under potentially hazardous conditions, a minimum of two-person crews for safety purposes will always be provided. Employees are expected to report, and encouraged to refuse, job assignments that are unsafe until the issue is resolved. ' 18.3 VEHICLE SAFETY No employee shall be required to drive a vehicle that does not meet the requirements of the State Vehicle Safety Code with regard to brakes, running gear and mechanical soundness. However, a member shall not refuse a piece of equipment because of faulty clearance light or headlight during daytime hours. No employee will be requested to drive a vehicle in violation of this clause. Operating Engineersfreamsters and Mason County 2019—2021 Public Works Collective Bargaining Agreement Page 26 ARTICLE 19 - GRIEVANCE PROCEDURE 19.1 GRIEVANCE DEFINED The purpose of the grievance procedure is to promote harmony and efficiency between employees and the County by providing timely settlement of grievances without fear of discrimination or reprisal. , A grievance is an allegation by an employee, group of employees or the Union that there has been a violation, misapplication or misinterpretation of this Agreement. Employees will be unimpeded and free from.restraint, interference, coercion, discrimination or reprisal in seeking adjudication of their grievance. Any grievance procedure time limit may be extended by mutual written agreement. Failure by an'-employee and/or the Union to comply with any grievance time limitations shall constitute withdrawal of the grievance. Failure of the County to comply with any grievance time limitations shall permit the Union or the employee to advance the grievance to the next step in the grievance procedure. A grievance of interest to several employees may be filed as a "group grievance." The processing and adjudication of grievances shall be conducted during working hours. 19.2 GRIEVANCE PROCEDURE In the event of a grievance, the following procedure shall be used: Step 1. A grievance must be presented within ten (10) calendar days of the incident giving rise to the grievance or the date the grievant knew or reasonably could have known of the incident to the employee's immediate supervisor or manager if the grievance is not related to a salary issue. The supervisor or manager may schedule a meeting with the employee and his/her Union representative or he/she may respond to the grievance when presented. In either case, the supervisor shall respond to the grievance within seven (7) calendar days of the employee raising the issue. If the grievance is not resolved informally, then a written grievance may be filed at step 2. However, if the incident is related to a salary issue, the employee and/or the Union Steward shall submit a written grievance at Step 2 to the Department Head within ten (10) calendar days of the incident giving rise to the grievance. .Step 2. The grievance shall be presented in writing on an official Union grievance form. This shall include: 1. The specific details of the incident or issue giving rise to the grievance; c 2. The Article(s) and Section(s) of the Agreement allegedly violated; and 3. The remedy sought. The written grievance shall be submitted by the employee and/or the Union Steward/Union Representative to the Department Head within ten (10) calendar days of the date of the discussion in Step 1 above. A copy of the grievance will be filed concurrently with the Human Resources Department. Within ten (10) calendar days after the receipt of the official written grievance, the Department Head_(or designee)rshall schedule a meeting with the employee and Shop Steward and/or Union Representative to hear and seek to resolve the grievance. The Department Head shall provide a written response to the Employee and the Union Steward/Union Representative within fourteen (14) calendar days of the meeting. A copy of s Operating Engineersfreamsters and Mason County 2019—2021 Public Works Collective Bargaining Agreement \ Page 27 the grievance response shall be provided to the Human Resources Department. If the grievance is not resolved at Step 2, the grievance may be advanced to Step 3. Step 3. The written grievance shall be submitted to the Human Resources Director within ten (10) calendar days of the date of the written response at Step 2. Within ten (10) calendar days of receipt of the grievance, the Human Resources Director or designee shall schedule a meeting with the-Employee, Union Steward/Union Representative, and the Department Head to hear and seek to resolve the grievance. The Human Resources Director shall provide a written answer to the Employee, Union Steward/Union Representative, and Department Head within fourteen,(14) calendar days of the meeting. If the grievance is not resolved at Step 3, the grievance may be advanced to Step 4. Step 4. The Union may choose to submit the grievance to arbitration and in such case will deliver written notification of its intent to arbitrate to the Employer within fourteen (14) calendar days. The Union's request for arbitration shall be in Writing and may be filed with the Public Employment Relations Commission (PERC), Federal Mediation and Conciliation Service (FMCS), or a mutually agreed upon arbitrator or arbitration service within thirty (30) calendar days of submitting its notice to the Employer of its intent to arbitrate. In addition, the Union shall request the arbitration service supply a list of seven (7) qualified arbitrators. If a list of seven arbitrators is requested, both parties will attempt to agree upon an arbitrator from this list. If they cannot agree within fourteen (14) calendar days from the receipt of the list, a flip of the coin will determine which party strikes the first name from the list. This striking.of names. will alternate between the parties until one name remains. This person shall be the arbitrator. The referral to arbitration shall contain the following: 1. Question or questions at issue; 2. Statement of facts and position of each respective party; and 3. Copy of the grievance and related correspondence. GRIEVANCE ARBITRATION: A hearing shall be scheduled at a date, time and location mutually convenient for all parties. In connection with any arbitration proceeding held pursuant to this Article, it is understood as follows: A. The arbitrator shall have no power to render-a decision that will add to, subtract from or alter, change, or modify the terms of this Agreement, and his/her power shall be limited to interpretation or application of the terms of this Agreement, and all other matters shall be excluded from arbitration. B. The decision of the arbitrator shall be final, conclusive and binding upon the Employer, the Union and the employees involved, provided the decision does not involve action by the Employer which is beyond its jurisdiction.: C. _Each party may call such witnesses as may be necessary in the order in which their testimony is to be heard. -Such testimony shall be sworn and shall be limited to the matters set forth in the written statement of the grievance, and shall be subject to cross examination. The arguments of the parties maybe supported by oral comment and rebuttal. Either or both parties may submit post hearing briefs Within a time mutually agreed upon. Such arguments of the parties, whether oral or written, shall be confined to and directed at the matters set forth in the written statement of the grievance. D. Either party may request that a stenographic record of the hearing be made. The party requesting such record shall bear the cost thereof; provided, however, if the other party requests a copy, such cost shall be shared equally. Operating Engineers/Teamsters and Mason County 2019—2021 Public Works Collective Bargaining Agreement Page 28 E. The cost of the arbitrator shall be borne equally by the Employer and the Union, and each party shall bear the cost of presenting its own case. '19.3 UNION/EMPLOYER GRIEVANCE Either the Union or the Employer may initiate a grievance at Step 2 if the grievance is submitted in writing within ten (10) business days from the date the Employer/employees became aware or reasonably should have known that the grievance existed. The Employer may not grieve the acts of individual employees, but rather, only orchestrated acts or actions of authorized representatives believed to be in conflict with this Agreement. An Employer grievance will not be subject to Arbitration and may only go to mediation upon mutual agreement. The Union may initiate a Grievance at Step 2 anytime that it involves a group of employees involving different supervisors or from different Departments. Such grievances may be referred to mediation services by mutual agreement prior to Arbitration. 19.4 SCHEDULE OF MEETINGS Upon request, and without unnecessary delay, a steward's immediate supervisor or designee shall allow the steward during normal work.hours without loss of pay, reasonable time to: a. Investigate any grievance or dispute so that same can be properly presented in accordance with the grievance procedure. b. Attend meetings with the Director or other Employer representatives when such meetings are necessary to adjust grievances or disputes. Meetings with designated personnel will be by appointment and held without delay when possible. c. Confer with a staff representative of the Union and/or employees on Employer premises, at such time and places as may be authorized by the Director or designee in advance of the intended meetings. For the purposes of this Article and Article 4.3, obtaining coverage to insure minimum staffing levels shall not be considered an unnecessary delay. The Employer shall not be obligated to provide coverage immediately if the use of overtime is the only means of providing that coverage. ARTICLE 20 - NO STRIKE/ NO LOCKOUT 20.1 NO STRIKE/NO LOCKOUT The Union agrees that there shall be no strikes;slow-downs, or stoppage of work, or any interference with the efficient operation of the Department. Any such action shall be subject to disciplinary action, including termination and replacement of the involved employees. The Employer shall not lockout any employee during the life of this Agreement. ARTICLE 21 — MANAGEMENT RIGHTS AND RESPONSIBILITIES 21.1 MANAGEMENT RIGHTS AND RESPONSIBILITIES The Council recognizes the County's right to manage, subject only to the terms and conditions of this Agreement. Except as specifically abridged, granted, delegated or modified by this Agreement, including amendments, the County reserves all customary management prerogatives including, but not limited to the right to: Operating Engineers/Teamsters and Mason County 2019—2021 Public Works Collective Bargaining Agreement Page 29 A. Establish, plan for and direct the work force toward the organizational goals of County government. B. Determine the organization and merits, necessity, and level of activity or service provided to the public. C. Determine the County budget and financial policies, including accounting procedures. D. Determine the procedures and standards for hiring, promotion, assignment, transfer, layoff, discipline, and retention. E. Discipline employees for just cause. F. Determine the methods, means, equipment, and kinds and number of personnel required to accomplish the governmental operations and maintain the efficiency thereof. G. Assign work and schedule employees. H. Establish work rules and rules of conduct. I. Evaluate employee performance. J. Reduce staff or reduce working hours due to a lack of work or lack of funds. . K. Take all actions necessary to carry out the mission of the County in emergencies. The Parties recognize that RCW 41.56 may impose an obligation to negotiate changes in wages, hours and working conditions not covered by this Agreement. The Union recognizes the County's right to manage subject only to the terms and conditions of this Agreement. ARTICLE 22 -GENERAL PROVISIONS 22.1 SAVINGS CLAUSE It is understood that the parties hereto are governed by the provisions of applicable Federal and State Law,which provisions shall prevail over this Agreement. Where there may be conflict between County ordinances or resolutions and this Agreement, the Articles of the Agreement shall prevail. Should any part thereof or any provision herein be rendered or declared invalid by reason of any existing or any subsequently enacted legislation, or by a decree of a Court of competent jurisdiction, such invalidation of such part or portion of this Agreement shall not invalidate the remaining portions hereof and they shall remain in full force and effect. In such event the Council and the County shall .meet within thirty (30) days for re-negotiation of such invalid provisions for the purpose of adequate and lawful replacement thereof and to preserve the intent of the entire Agreement as negotiated by the Parties. Operating Engineers/Teamsters and Mason County 2019—2021 Public Works Collective Bargaining Agreement Page 30 ARTICLE 23 — ENTIRE AGREEMENT 23.1 DURATION CLAUSE This Agreement shall be in full force and effect from date of ratification by the parties through December 31, 2021. Either party may request negotiations of a successor agreement at least sixty (60) days before the annual expiration date. This Agreement may be modified during its term by mutual agreement of both parties concerned. Such mutual agreement shall be reduced in, writing and shall be incorporated as a part of this Agreement. 23.2 ENTIRE AGREEMENT The Agreement expressed herein in writing constitutes the entire agreement between the parties and no oral statement shall add to or supersede any of its provisions. The Employer agrees not to enter into any Agreement or contract with any covered employee(s), either individually or collectively, which is inconsistent with the terms of this Agreement. Operating Engineers/Teamsters and Mason County 2019—2021 Public Works Collective Bargaining Agreement Page 31 SIGNATURES IN WITNESS WHEREOF, the Parties hereto have executed this Agreement this day of _, 2020 THE UNION COUNCIL: BOARD OF COUNTY COMMISSIONERS: Darren L. O'Neil; Secretary-Treasurer Randy Neatherlin; Commissioner TEAMSTERS Local No. 252 District# 1 Ron Dahl; Business Representative Kevin Shutty; Commissioner IUOE Local 302 District#2 Bob Franssen; Business Representative Sharon Trask; Commissioner IUOE Local 302 District#3 Operating Engineers/Teamsters and Mason County 2019—2021 Public Works Collective Bargaining Agreement Page 32 APPENDIX I -WAGES Effective:January 1, 2019 " Note: Figures may vary slightly due to rounding once calculated in MUNIS *Advancement from one step to the next is annual and on the employee's anniversary date Classifications Rates per Hour OPERATING ENGINEERS: Step 1 Step 2 Step 3 Step 4 Equipment Operator I $22.03 $24.37 $25.08 $25.58 Equipment Operator II ** Step 1 Step 2 $26.35 $26.88 Step 1 Step 2 Step 3 Step 4 Sign Shop Foreman $28.51 $28.78 $29.04 $29.62 Sign Shop Specialist $25.85 $26.08 $26.35 $26.88 1 TEAMSTERS: Sfep 1 Step 2 Step 3 Step 4 Truck Driver I & Helper $21.15 $23.54 $24.26 $24.74 Truck Driver II ** Step 1 Step 2, $25.49 $26.00 . Step 1 Step 2 Step 3 Step 4 Parts/Inventory $24.01 $24.26 $24.52' $25.01. Utility/Maintenance $24.21 $24.91 $25.49 $26.00 Central Stores Specialist $25.31 $25.77 $26.20 $26.72 Mechanic 1 $26.40 $26.63 $26.91 $27.45 Step 1 Step 2 Mechanic II ** $28.25 $28.82 Step 1 Step 2 Step 3 Step 4 Radio/Up-Fit Technician $29.04 $29.28 $29.60 $30.19 Traffic Foreman $27.83 $28.10 $28.36 $28.93 Sign Technician $25.17 $25.41 $25.68 $26.19 Seasonal Help (Flat Rate) $16.79 Step Advancements: Step 1: First 6 months. Step 2: After 6 months of continuous service Step 3: After 18 months of continuous service Step 4: After 36 months of continuous service in that classification Truck Driver 11, Operator II and Mechanic II: Step 2: After 36 months of continuous service in that classification Operating Engineers/Teamsters and Mason County 2019-2021 Public Works Collective Bargaining Agreement Page 33 "Eligibility Criteria for promotion: 1. Upon reaching Step 3, the Operator I/Driver I may- request testing to determine if the Promotion Criteria#2 or#3 below have been met: a. If the criteria have been met, promotion to Operator ll/Driver II shall be authorized. b. If not met, the Operator/Driver shall remain at Step 2 until the promotion criteria-have, been met. c., A member may request testing only once in a rolling three-month period. 2. Eligibility Criteria For Equipment Operator II -- must demonstrate proficiency in operation of five (5) different pieces of equipment on the Equipment Operators list of equipment; 3. Eligibility Criteria For Truck Driver II -- must demonstrate proficiency in pulling all trailers; 4. Eligibility Criteria for Mechanic II -- must demonstrate proficiency and experience in light and heavy duty vehicles and equipment and diesel applications. Seasonal Help Classification 1. Within the Seasonal Help classifications only, rights assigned by seniority, such as layoff and recall within the season, will be acknowledged as described elsewhere within the CBA. 2. If a layoff occurs, all Seasonal Help will be laid-off before the layoff of any Operators/Drivers. 3. All scheduled weekend overtime work will be offered to permanent employees before being offered to Seasonal Help. 4. The combined total number of Seasonal,Help shall not exceed eight (8). 5. Seasonal Help will not be eligible for benefits under Article 14.4 (Bereavement Leave,Article 8 (Seniority), except within the classification and within the season, and Article 12 (Vacation Accrual). 1 Operating Engineers/Teamsters and Mason County 2019—2021 Public Works Collective Bargaining Agreement Page 34 Effective:January 1, 2020 Note: Figures may vary slightly due to rounding once calculated in MUNIS Advancement from step to step is annual and on the employees anniversary date Classifications Rates per Hour OPERATING ENGINEERS: Step 1 Step 2 Step 3 Step 4 Equipment Operator 1 $22.41 $24.80 $25.52 $26.03 Equipment Operator II ** Step 1 Step 2 $26.82 $27.35 Step 1 Step 2 Step 3 Step 4 Sign Shop Foreman $29.01 $29.28 $29.54 $30.14 Sign Shop Specialist $26.30 $26.54 $26.82 $27.35 TEAMSTERS: Step 1Step 2 Step 3 Step 4 Truck Driver I & Helper $21.52 $23.95 $24.68 $25.18 Step 1Step 2 Truck Driver II ** $25.93 $26.45 Step 1 Step 2 Step 3 Step 4 Parts/Inventory $24.43 $24.68 $24.95 $25.45 Utility/Maintenance $24.64 $25.35 $25.93 $26.45 Central Stores Specialist $25.75 $26.22 $26.66 $27.19 .Mechanic 1 $26.86 $27.09 $27.38 $27.93 Mechanic II Step 1 Step 2 *� $28.75 $29.32 Step 1 Step 2 Step 3Step 4 Radio/Up-Fit Technician $29.54 $29.80 $30.12 $30.72 Traffic Foreman $28.32 $28.59 $28.86 $29.43 Sign Technician $25.61 $25.85 $26.13 $26.65 Seasonal Help (Flat Rate) $17.09 Step Advancements: Step 1: First 6 months. Step 2: After 6 months of continuous service Step 3: After 18 months of continuous service Step 4: After 36 months of continuous service in that classification Truck Driver 11, Operator II and Mechanic II: Step 2: After 36 months of continuous service in that classification Operating Engineers/Teamsters and Mason County 2019-2021 Public Works Collective Bargaining Agreement Page 35 "Eligibility Criteria for promotion: 1. Upon reaching Step 3, the Operator I/Driver I may request testing to determine if the Promotion Criteria#2 or#3 below have been met: a. If the criteria have been met, promotion to Operator II/Driver II shall be authorized. b. If not met, the Operator/Driver shall remain at.Step 2 until the promotion criteria have been met. c. A member may request testing only once in a rolling three-month period. 2. Edibility Criteria For Equipment Operator II -- must demonstrate proficiency in operation of five (5) different pieces of equipment on the Equipment Operators list of equipment; 3. Eligibility Criteria For Truck Driver II -- must demonstrate proficiency in pulling all trailers; 4. Eligibility Criteria for Mechanic II -- must demonstrate proficiency and experience in light and heavy duty vehicles and equipment and diesel applications. Seasonal Help Classification 1: Within the Seasonal Help classifications only, rights assigned by seniority, such as layoff and recall within the season, will be acknowledged as described elsewhere within the CBA. 2. If a layoff occurs, all Seasonal Help will be laid-off before the layoff of any Operators/Drivers. 3. All scheduled weekend overtime work will be offered to permanent employees before being offered to Seasonal Help. 4. The combined total number of Seasonal Help shall not exceed eight (8). 5. Seasonal Help will not be eligible for benefits under Article.14.4 (Bereavement Leave,Article 8 (Seniority), except within the classification and within the season, and Article 12 (Vacation Accrual). Operating Engineers/Feamsters and Mason County 2019—2021 Public Works Collective Bargaining Agreement Page 36 Effective;January 1, 2021 .Note: Figures may vary slightly due to rounding once calculated in MUNIS Advancement from step to step is annual and on the employees anniversary date Classifications Rates per Hour OPERATING ENGINEERS: Step 1. Step 2 Step 3 Step 4 Equipment Operator 1 $22.75 $25.17 $25.90 $26.42 . Equipment Operator II Step 1 Step 2 $27.22 ,$27.76 Step 1 Step 2 Step 3 Step 4 Sign Shop Foreman $29.44 $29.72 $29.99 $30.59 Sign Shop Specialist $26.69 $26.94 $27.22 $27.76 TEAMSTERS: Step 1 Step 2 Step 3 Step 4 Truck Driver I & Helper $21.84 $24.31 $25.05 $25.56 Step 1 Step 2 Truck Driver 11 $26.32 $26.85 Step 1 `.Step'2 Step 3 Step 4 Parts/Inventory $24.80 '$25.05 $25.32 $25.83 Utility/Maintenance $25.01 -$25.73 $26.32 $26.85 Central Stores Specialist $26.14 $26.61 $27.06 $27.60 Mechanic 1 $27.26 $27.50 $27.79 $28.34 Step 1 Step 2 Mechanic II $29.18 $29.76 J Step 1 Step 2 Step 3 Step 4 Radio/Up-Fit Technician $29.99 $30.24 $30.57 $31.18 Traffic Foreman $28.74 $29.02 $29.29 $29.88 Sign Technician $26.00 $26.24 $26.52 1 $27.05 Seasonal Help (Flat Rate) $17.34 Step Advancements: Step 1: First 6 months. Step 2: After 6 months of continuous service Step 3: After 18 months of continuous service Step 4: After 36 months of continuous service in that classification Effective September 1, 2021 for all eligible employees on anniversary date Step 5: After 48 months of continuous service in that classification Truck Driver II, Operator II and Mechanic II: Step 2: After 36 months of continuous service in that classification Operating Engineers/Teamsters and Mason County 2019-2021 Public Works Collective Bargaining Agreement Page 37 Effective September 1, 2021 for all eligible employees on anniversary date Step 3: After 48 months of continuous service in that classification 2%`above Flat Rate. *Eligibility Criteria for promotion: 1. Upon reaching Step 3, the Operator I/Driver I may request testing to determine if the Promotion Criteria#2 or#3 below have been met: " a. If the criteria have been met, promotion to Operator II/Driver II shall be authorized. b. If not met, the Operator/Driver shall remain at Step 2 until the promotion criteria have been met. c. A member may request testing only once in a rolling three-month period. 2. Eligibility Criteria For Equipment Operator II -- must demonstrate proficiency in operation of five (5) different pieces of equipment on the Equipment'Operators list of equipment; 3. Eligibility Criteria For Truck Driver II -- must demonstrate proficiency in pulling all-trailers; 4. Eligibility Criteria for Mechanic II --must demonstrate proficiency and experience in light and heavy duty vehicles and equipment and diesel applications. .Seasonal Help Classification 1 Within the Seasonal Help classifications only, rights assigned by seniority, such as layoff and recall within the season, will be acknowledged as described elsewhere within the CBA. 2. If a layoff occurs, all Seasonal Help will be laid-off before the layoff of any Operators/Drivers. 3. All scheduled weekend overtime work will be offered to permanent employees before being offered to Seasonal Help. 4. The combined total number of Seasonal Help shall not exceed eight (8). 5. -Seasonal Help Will not be eligible for benefits under Article 14.4 (Bereavement Leave, Article 8 (Seniority), except within the classification and within the season, and,Article 12 (Vacation Accrual). Operating Engineers/Teamsters and Mason County 2019—2021 Public Works Collective Bargaining Agreement Page 38 APPENDIX II -TREE REMOVAL DEFINITION & POLICY Following is the definition of a Tree Removal and work activities associated therewith: Any tree, live or dead, which has an unstable trunk or root system. This may include soft snags as well as live trees with unstable roots or trunk damage that will create risky conditions when being felled. Climbing: For the purpose of falling or topping. Any number of unique situations, such as: a tree that is hung up in other trees, serious hillside "leaners", and other tree problems that will place the cutter in a dangerous position. Both "cutters" and "pushers" shall be compensated for the appropriate premium pay. In all cases, the County Engineer or designee, must pre-determine these conditions. However, once the tree is judged to be removed, that decision will not be subject to review at a later date. Operating Engineers/Teamsters and Mason County 2019—2021 Public Works Collective Bargaining Agreement Page 39 APPENDIX III —4-10 WORK SCHEDULE It is understood by.the parties' signatory to this Agreement by and between Mason County and Engineers Local 302 and Teamsters Local No. 252,that effective immediately, the items listed below are negotiated changes in Road and ER&R Maintenance Work Schedules from the present five 8- hour work-days to four 10-hour work-days: Working Hours Road Maintenance Personnel: - Monday through Friday Last full week of March through the first full week of April: 6:30 am —5:00 pm Second full week of April through the first full week of September: 6:00 am —4:30 pm Second full week of September through the last full week of September: 6:30 am -4:30 pm Working Hours ER&R Personnel: - Monday through Friday 6:00 am —4:30 pm Stewards and management will meet to discuss adjusting start times as needed. If the level of service in the areas of responsibility deteriorates, we will correct this by splitting the four day shifts to include one shift Monday through Thursday and the other shift Tuesday through Friday. Sick Leave & Vacation Accumulation — No change; one day accumulation shall mean eight (8) hours. Sick Leave—Will be charged by the number of hours taken. Vacation -Will be charged by the number of hours taken. Overtime—Will be paid for work authorized and performed in excess of the 10-hour work day or 40-hour workweek. Lunch and Rest Breaks— No change. Call-Outs— If a call-out is required on a scheduled day off(Friday or Monday), it will be treated in the same manner as any Saturday call-out. Operating Engineers/Teamsters and Mason County 2019—2021 Public Works Collective Bargaining Agreement Page 40 APPENDIX IV—FLAGGING SNOW REMOVAL It is understood by the parties signatory to this Agreement.by and between Mason County and Engineers Local 302 and Teamsters No. 252, that effective immediately, the following shall apply: Mason County supports safety in the work place and encourages safety practices; e.g., the use of Flaggers, when appropriate, when plowing snow on steep hills, or the use of multiple people while loading and unloading equipment. The determination of when and where extra individuals shall be used is subject to the determination of the Road Supervisor(s). Should the crews feel they are being subjected to unnecessary risks, they shavcall it to the attention of the Manager for his/her determination. Operating Engineers/Teamsters and Mason County 2019—2021 Public Works Collective Bargaining Agreement Page 41 APPENDIX V—SHOP ASSISTANT It is understood by the parties signatory to this Labor Agreement between Mason County and Engineers Local 302 and Teamsters No. 252, that effective immediately the following shall apply: A non-bargaining unit position may be created at the Mason County Central Shop as follows: SHOP ASSISTANT Duties: 1) Washing vehicles 2) Vehicle detailing (waxing, vacuuming, etc.) 3) Gassing vehicles 4) Running parts 5) Inspecting vehicle fluids, and tires (downtown) 6) Checking vehicle mileages for servicing 7) Transporting vehicles to the shop (from downtown) for servicing 8) Collecting monthly meter readings and mileages of department vehicles 9) Other duties as assigned by the Maintenance Supervisor Operating Engineers/Teamsters and Mason County 2019—2021 Public Works Collective Bargaining Agreement Page 42 APPENDIX VI —WORK ASSIGNMENTS General Policy Daily work assignments shall be made by the managers and supervisors, and given to workers having the skills and abilities to perform the work efficiently. Seniority will be the -primary consideration for truck and equipment daily work assignments. All assignments, including training assignments,will be made in good faith and not in an arbitrary or capricious manner. Training needs will be determined by the County as provided in Appendix VIII. Outlying Shops The following criteria pertain to Belfair Shop and any other satellite shops that may be opened away from the Central Shop facility: . 1. Seniority shall be taken into consideration when assigning employees permanently to the outlying shops. If no senior employee-wants the position, the least senior employee with the necessary skills and ability will be transferred. 2. Employees shall not be temporarily assigned to an outlying shop to perform manual labor when the shop they are permanently assigned to has truck or equipment work available for which they are qualified, unless mutually agreed to by the employee and supervisor. 3. Employees temporarily assigned to another shop shall report to work at their normally assigned shop and travel-to the other shop via a County vehicle, unless mutually agreed to by the employee and supervisor. I Operating Engineersfreamsters and Mason County 2019—2021 Public Works Collective Bargaining Agreement Page 43 APPENDIX VII —TRAINING PROGRAM PROTOCOL The intent of the training program is to train Mason County public Works road operations and maintenance employees in the safe, efficient, legal operation and required preventative maintenance of all County owned or rented equipment'and trucks.. Level I (Initial training) All employees will learn the basic safe operation and necessary pre-trip or equivalent checks to start, load, secure, and move for legal transportation all Mason County equipment. This would include sanders and snow plows. The County will maintain records showing the amount of time and check-off for each employee for each type of equipment an employee has received this initial training on. ER&R will specify the necessary pre-trip or equivalent checks for all equipment/trucks. This training would be completed not later than the end of the employee's 8th month of employment.. 1. Single and Tandem axle trucks. 8. Graders 2. Load/unload and connect patch box, sanders, and plows. 9. Gradalls 3: Brooms 10. Patch Box 4. Bruch cutters 11. Track Loader 5. All rollers 12. Wheel Loaders 6. Chip.spreader 13. Athey 7. Backhoes (Any new equipment purchased by the County in the future to be added to this list.) Level II (Intermediate training) 1. Employees desiring trainingon equipment or trucks within their respective craft will be allowed to sign up to receive training they want or the County deems they need, given operational needs and demands are meet. Employees will be chosen from the-list in order of seniority within their respective craft. 2. Trainees will operate said equipment/trucks under the direction of the trainer, contingent upon safety and experience requirements of the particular job. The designated trainer shall be determined by the County. 3. Management will schedule training days to coincide with the operational needs and time constraints per job. 4. When`an employee is deemed competent, as agreed upon by the trainer and management, the employee's name will be placed on a check-off list showing that they have been deemed competent to operate said equipment/truck within their respective craft without the presence of a trainer. Operating Engineersfreamsters and Mason County 2019—2021 Public Works Collective Bargaining Agreement Page 44 APPENDIX VIII — DAILY WORK ASSIGNMENT PROTOCOL 1. Whenever possible, daily work assignment sheets will be posted prior to the start of each shift. 2. Joint crew meeting at the beginning of each shift to explain any deviation from the normal work assignment, such as: a. Job continuity b. Training opportunity c. Specialty requirement d. Unforeseen requirement 3. The joint crew meeting is to be short and informative. Except for safety issues, any questions/complaints will be directed through the appropriate Shop Steward for resolution with management. 4. This protocol may be adjusted by mutual agreement between management and the Unions. Operating Engineersfreamsters and Mason County 2019—2021 Public Works Collective Bargaining Agreement Page 45 APPENDIX IX— CALL-OUT PROCEDURE Term of the trial period is from the time the new Agreement is approved until the expiration date of this Agreement. The Union and management representatives will meet following that date to discuss the procedure and decide the actions that are appropriate. If either party finds the procedure is not working, the procedure will be discontinued pending discussions to resolve the encumbrances. The following process will be used for call-out of Main Shop and Belfair Shop road crew members, respectively (this process does not apply to overtime that is scheduled or overtime that results from tasks that need to be extended beyond the regular shift): 1. The manager or supervisor will assess the need for resources to deal with an emergency. 2. The manager or supervisor will call-out a crew member based on the following selection criteria: Qualified for needed work ■ Special Factors ■ Ability to respond in a timely fashion ■ Seniority 3. The manager and supervisor will keep a record of the situation evaluation and the decision basis for call-out. That record will reflect the contacts or contact attempts made and the results. A sample of the record is as follows: . ■ Date, Time, and Location of Emergency: ■ Emergency description: ■ Call-Out needs: ■ Crew member and date/time called: ■ Result of Call: will report left message refused Special Factors: Operating Engineersfreamsters and Mason County 2019—2021 Public Works Collective Bargaining Agreement Page 46 MASON COUNTY PUBLIC WORKS—COMMISSIONER BRIEFING MARCH 2,2020 Briefing Items • SWAC Application from Sherri Dysart • Private Line Occupancy Permit Application for Port of Grapeview • Franchise Agreement Application for multiple water systems- Set Hearing for April 7, 2020@ 9:15am Discussion Items • Public Works Equipment Purchases Commissioner Follow-Up Items • Hoodsport Agreement Upcoming Calendar/Action Items Attendees: Commissioners: Public Works: Other Dept. Staff: Public: _Randy Neatherlin _Mike Collins _Kevin Shutty _Loretta Swanson _Sharon Trask _Richard Dickinson Others: (List below) MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Richard Dickinson, Deputy Director/U&W Management DEPARTMENT: Public Works EXT: 199 BRIEFING DATE: March 2, 2020 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance o Human Resources ❑ Legal ❑ Other— please explain ITEM: Solid Waste Advisory Committee (SWAG) Appointment EXECUTIVE SUMMARY: The Board created the Solid Waste Advisory Committee (SWAG) for developing and implementing a Solid Waste Management Plan for the County in order to carry out the priorities of the state as specified in the Solid Waste Management Act, Chapter 70.95 RCW. The membership term is for a period of three years per Resolution 08-05. We currently have five (5) members and four (4) vacancies that U&W Management has actively, through the advisory webpage and news releases, been recruiting new members. An application from Sherri Dysart has been received. Staff recommends appointing Sherri Dysart to fill one of the vacant positions. Applications will continue to be accepted for the vacant positions until filled. Cost Impact to the County: No cost impact to the county. PUBLIC OUTREACH: County Solid Waste Advisory Committee webpage. RECOMMENDED OR REQUESTED ACTION: Recommend the Board appoint Sherri Dysart to the Solid Waste Advisory Committee for a three-year term that would expire March 10, 2023. Attachment: SWAC Application Briefing Summary uce'UMMRS Neatherlm,:Shutty, Trask Clerk GV-1 -1 I , f C . = oR ao iU(ASO.N, OUNTY COMMSSIORD1, ib 4 411 11TORTH FY H STREET t s v SHELT01V WA;985.84 � ,� R�� �. Fax36D=4278437;Vt�ce 360-427-9670,Ext.498;275-4467 or482-52.69" X91_ AIM SEEKING-APPOiNTIViEIVTT0W vja O NAME .. `j (1 0— O p 5 . ADDRESS; 1q'I EVMRAILZ:LHON.E01TYMP: VOTIRGPRECINCT: . Rz_i (oKAREAINTHEcOUNi1( YouuvEyi GOMIVIUNITYSERI/(GE EMPLOYMENT_ (IF RETIRED,PREVIOUS EXPERIE 3 (Amwi-prm ORMEMBERSFUPS) COMI?ANY: i'Off t S�'"� et__IL ID YRS POSITION: Poi.q o j Off c bafZ COMPANY:. `w 16f2S.' - POSITION:" Z" 1 L _ ---------------------- T In your words;w.,hat do you perceiue is the role:or purpose of the Board, Committee or Councii forinrhich yolft aie appiy[ng, ' C" ' P What interests,skii(s.do%you wish to offer the Board,_.C.ommitteei o Cauncil i` C� lIease list any fnanciai',"professional, 4r vo tintary.a_i f� ns i nfl er 'e or ect youposion onthis Board: i (ie.create a potential conflict of interest) r Yourparticipation is dependent upon'attending certain frainings.made available'by the County during regular business hours (such as.Open Public Meetings Act and Public Records).The"trainings-would be at no.'cost to you,Would you be able to aftend such trainings? Reaiisfcaily,how Much•tirne can you give to this-,posito.,0 f� Quarferly monihiy WeelJy� .yUi,g4, Daly office, ise®n13+ y iQ. {S s �ppomffi, e Signahire i}afe" raS{�, t>� t . �,3simExpire•Date 5 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Loretta Swanson, Director DEPARTMENT: Public Works EXT: 450 BRIEFING DATE: March 2, 2020 PREVIOUS BRIEFING DATES: (If this is a follow-up briefing,please provide only new information,) ITEM: Private Line Occupancy Permit EXECUTIVE SUMMARY: The Port of Grapeview has applied for a Private Line Occupancy Permit to install a pressurized sewer line that would run under and across Grapeview Loop Road from 5053 E Grapeview Loop Road to parcel 5070 E Grapeview Loop Road (Parcel No. 12105-51-63005) and parcel no. 12105-51-63003 to build a turnaround area, additional parking and public restrooms for the new boat launch just past Griswold Avenue (the boat launch road). BUDGET IMPACT: The application fee of $200 has been paid to process the proposed Private Line Occupancy Permit. RECOMMENDED OR REQUESTED ACTION: Recommend the Board approve the Private Line Occupancy Permit for the Port of Grapeview, granting permission to run a pressurized sewer line across Grapeview Loop Road from parcel number 12105-51-66001 to 12105-51-63003. Attachments: PLO Vicinity Map Briefing Summary IN THE MATTER OF THE APPLICATION OF PORT OF GRAPEVIEW FOR A PRIVATE LINE UTILITY OCCUPANCY PERMIT TO CONSTRUCT, OPERATE, AND MAINTAIN A PRESSURIZED SEWER LINE ALONG AND UNDER GRAPEVIEW LOOP ROAD, A COUNTY MAINTAINED ROAD LOCATED IN MASON COUNTY,WASHINGTON Application of PORT OF GRAPEVIEW,with principal residence located at 510 E Grapeview Loop Road Grapeview, WA 98546, for a private line utility occupancy permit to construct, operate and maintain a private waterline under county roads and highways in Mason County, Washington, as set forth in attached Exhibit `B", having come before the County Commissioners of Mason County,Washington during a regularly scheduled public meeting,on the day of , 2020, and that it is in the public interest to allow the private line utility occupancy permit herein granted; NOW THEREFORE, IT IS ORDERED that a non-exclusive private line utility occupancy permit be, and the same is hereby given and granted to operator, and its successors and assigns, hereinafter referred to as the "Permittee", for a period commencing from and after the date of the entry of this order for the purposes, at the location(s), and upon the express terms and conditions as described herein, and terminating as provided herein. 1. DEFINITIONS For the purposes of this private line utility occupancy permit, terms, phrases, words, and their derivations not defined herein that are defined in Title 12 of the Mason County Code or the Manual on Accommodating Utilities in the Mason County Right-of-Way published by the County Engineer(the"Manual"), shall have the same meaning or be interpreted as provided in Title 12 of the Mason County Code or the Manual. Words not defined here, in Title 12 of the Mason County Code or the Manual shall have their ordinary meaning. A reference to Title 12 of the Mason County Code or the Manual refers to the same as may be amended, revised, updated,re-enacted or re-codified from time to time. II. GRANT The County of Mason(hereafter the"County")hereby grants to the Permittee a non-exclusive private line utility occupancy permit(hereinafter"Permit")which, once it becomes effective shall authorize the Permittee to enter upon the road rights-of-way located within the Permit Area for the purpose of maintaining,repairing,replacing, which grant shall be limited to the following described purpose(s): Pressurized Sewer Line. 1 Such grant is subject to and must be exercised in strict accordance with and subject to this Permit, Title 12 of the Mason County Code, the Manual and all applicable laws, rules, regulations and ordinances. Permittee's exercise of any rights granted pursuant to the Permit is subject to the exercise of the County's police powers, and other regulatory powers as it may have or obtain in the future. No rights shall pass to the Permittee by implication. This Permit does not include permission to enter into or upon the road rights-of-way for any purposes others than the purposes expressly described herein. Permittee has a duty to notify the County of any change in use or condition of the utility facilities that may affect the status of the utility facilities as (a)private line(s) or the impact of the utility facilities upon the road rights-of-way. III. UTILITY PERMIT REQUIRED Permittee shall not commence or perform work to install, construct, maintain repair, replace adjust, connect, disconnect, rebuild, or relocate its utility facilities within the road rights-of- way (hereafter collectively or individually the "Work"), without first applying for, paying all associated fees, and obtaining a utility permit as required pursuant to Title 12 of the Mason County Code. In any utility permit so issued, the County may impose, as a condition of the granting the utility permit, such conditions and regulations as may be necessary for the protection, preservation and management of the road rights-of-way, including, by way of example and not limitation, for the purpose of protecting any structures in the road rights-of-way, maintaining proper distance from other utilities, ensuring the proper restoration of such road rights-of-way and structures, and for the protection of the County and the public and the continuity of pedestrian and vehicular traffic. Permittee shall first file with the County Engineer its application for a utility permit to do such Work together with plans and specifications showing at a minimum: A. The position, depth and location of all such utility facilities sought to be constructed, laid, installed or erected at that time, showing their relative position to existing county roads, rights-of-way or other county property upon plans drawn to scale, hereinafter collectively referred to as the"map of definite location; B. The class and type of material and equipment to be used, manner of excavation, construction, installation, backfill, erection of temporary structures, erection of permanent structures,traffic control,traffic turnouts and road obstructions; C. The manner in which the utility facility is to be installed; D. Measures to be taken to preserve safe and free flow of traffic; E. Structural integrity of the roadway, bridge, or other structure; F. Specifications for the restoration of the county road, right-of-way or other county property in the event that the road right of way will be disturbed by the Work; and 2 G. Provision for ease of future road maintenance and appearance of the roadway. Provision shall be made for known or planned expansion of the utility facilities, particularly those located underground or attached to bridges or other structures within the road right-of- way. The location,alignment and depth of the utility facilities shall conform with said map of definite location, except in instances in which deviation may be allowed thereafter in writing by the County Engineer pursuant to application by Permittee. All such Work shall be subject to the approval of and shall pass the inspection of the County Engineer. The Permittee shall pay all costs of and expenses incurred in the examination, inspection and approval of such work on account of granting the said utility permits. IV. RESTORATION OF ROAD RIGHT OF WAY In any Work which disturbs or causes damage to the road rights-of-way subject to this Permit, public or private property,the Permittee shall at its own expense and with all convenient speed, complete the work to repair and restore the county road right-of-way, or the public or private property so disturbed or damaged, and leave the same in as good or better condition as before the Work was commenced, to the reasonable satisfaction of the County Engineer. The Permittee shall pay all costs of and expenses incurred in the examination, inspection and approval of such restoration or repair. The County Commissioners and/or County Engineer may at any time do, order or have done any and all work that they consider necessary to restore to a safe condition such County road right-of-way or other County property left by the Permittee or its agents in a condition dangerous to life or property, and the Permittee,upon demand, shall pay to the County all costs of such work. V. PERMITTEE WORK IN RIGHT OF WAY Permittee expressly agrees and understands that,with regard to Work within the road rights-of- way: A. All of Permittee's utility facilities and Work within the road rights-of-way or other County property shall be performed in compliance with the provisions of Title 12 MCC, the Manual, the administrative regulations adopted by the County Engineer, other County-established requirements for placement of utility facilities in road rights-of-way, including the specific location of utility facilities in the road rights-of-way, and all applicable laws,rules, regulations and ordinances; B. In preparing plans and specifications for the Work the Permittee shall use the Manual. Prior to commencement of any Work, Permittee shall submit such plans and specifications to the County Engineer for review and approval together with the adequate exhibit depicting the existing or proposed location of the utility facility in relation to the road, 3 including right-of-way or easement lines; relationship to currently planned road revisions, if applicable; and all locations and situations for which deviations in depth of cover (including the proposed method of protection)or other locational standards that are anticipated; C. All Work subject to this Permit shall be done in such a manner as not to interfere, other than in ways approved by the County, with the construction, operation and maintenance of other utilities,public or private,drains,drainage ditches and structures,irrigation ditches and structures,located therein,nor with the grading or improvements of such County roads,rights- of-way or other County property; D. The owners and operators of all utility facilities (public or private) installed in the Permit Area or other county property prior in time to the utility facilities of the Permittee, shall have preference as to the alignment and location of such utilities so installed with respect to the Permittee. Such preference shall continue in the event of the necessity of relocating or changing the grade of any such county road or right-of-way; E. Permittee shall perform the Work and operate its utility facilities in a manner that minimizes interference with the use of the road rights-of-way by others, including others that may be installing utility facilities; and F. The County may require that Permittee's utility facilities be installed at a particular time, at a specific place, or in a particular manner as a condition of access to a particular road or road right-of-way;may deny access if a Permittee is not willing to comply with the County's requirements; and may remove, or require removal of,any utility facility that is not installed in compliance with the requirements established by the County,or which is installed without prior County approval of the time, place, or manner of installation and charge the Permittee for all the costs associated with removal; and may require Permittee to cooperate with others to minimize adverse impacts on the road and road rights-of-way through joint trenching and other arrangements. G. The County may inspect the utility facilities at any time reasonable under the circumstances to ensure compliance with this Permit and applicable law, including to ensure that the private line utility facilities are constructed and maintained in a safe condition. If an unsafe condition is found to exist,the County, in addition to taking any other action permitted under applicable law, may order the Permittee, in writing, to make the necessary repairs and alterations specified therein forthwith to correct the unsafe condition on a time-table established by the County which is reasonable in light of the unsafe condition. The County has the right to correct, inspect, administer, and repair the unsafe condition if the Licensee fails to do so, and to charge the Permittee therefor. The right of the County to conduct such inspections and order or make repairs shall not be construed to create an obligation therefore, and such obligation to construct and maintain its utility facilities in a safe condition shall at all times remain the sole obligation of the Permittee. 4 H. When required by the County, Permittee shall make information available to the public regarding any Work involving the ongoing installation, construction, adjustment, relocation, repair or maintenance of its utility facilities sufficient to show(1)the nature of the work being performed; (2) where it is being performed; (3) its estimated completion date; and (4)progress to completion. I. PERMITTEE IS PLACED ON NOTICE THAT FIBER OPTIC COMMUNICATIONS, POWER, CONTROL SYSTEMS, OTHER TYPES OF CABLES AND PIPELINES MAY BE BURIED ON THE RIGHT OF WAY. Before beginning any underground work, Permittee will contact the appropriate personnel to have such facilities located and make arrangements as to protective measures that must be adhered to prior to the commencement of any work within the road and road rights-of-way. In addition to the liability terms elsewhere in this Agreement, Permittee shall indemnify and hold the County and its elected and appointed officers, employees and agents harmless against and from all cost, liability, and expense whatsoever(including,without limitation, attorney's fees and court costs and expenses) arising out of or in any way contributed to by any act or omission of Permittee, its contractor,agents and/or employees,that cause or in any way or degree contribute to(1) any damage to or destruction of any such facilities by Permittee,and/or its contractor, agents and/or employees, on the County's property, (2) any injury to or death of any person employed by or on behalf of any entity, and/or its contractor, agents and/or employees, on the road rights-of- way, and/or (3) any claim or cause of action for alleged loss of profits or revenue, or loss of service, by a customer or user of services or products of such company(ies). J. Permittee shall continuously be a member of the State of Washington one number locator service under RCW 19.122, or an approved equivalent, and shall comply with all such applicable rules and regulations. K. Except in the event of emergency as described below,Permittee and its agents may not enter upon the permit area to perform work for which a utility permit is required,unless and except upon two-business days notice to the County Engineer. L. In the event of an emergency involving the threat of imminent harm to persons or property,.and for purposes of taking immediate corrective action,Permittee and its agents may enter the Permit Area without advance notice to the County as long as such entry is for the sole purpose of addressing the emergency; provided however, that if any entry for such purposes would require issuance of a utility permit, Permittee shall give the County verbal or telephonic notice of the places where and the manner in which entry is required prior to such entry, promptly followed by written notice. In all cases,notice to the County shall be given as far in advance as practical prior to entry or as soon as practicable after entry upon the road right-of- way- M. Permittee shall promptly reimburse the County for its reasonable and direct costs incurred in responding to an emergency that is caused,created by or attributable to the presence, construction,maintenance,repair,or operation of Permittee's utility facilities in the road rights- of-way. 5 N. If, during any Work, Permittee or its agents discover scientific or historic artifacts, Permittee or its agents shall immediately notify the County of said discovery and shall protect such artifacts in a manner as specified by the County. Any such artifact shall be the property of the County if the County wishes to own it. VI. PROTECTION OF PUBLIC All Work done under this Permit shall be done in a thorough and workman-like manner. In the performance of any Work, including without limitation, the opening of trenches and the tunneling under county roads, right-of way or other county property, the Permittee shall leave such trenches, ditches and tunnels in such a way as to interfere as little as possible with public travel and shall take all due and necessary precautions to guard the same, so that damage or injury shall not occur or arise by reason of such Work; and where any of such trenches, ditches and tunnels are left open at night,the Permittee shall place warning lights,barricades and other appropriate protective devices at such a position as to give adequate warning of such Work. The Permittee shall be liable for any injury to person or persons or damage to property sustained arising out of its carelessness or neglect, or through any failure or neglect to properly guard or give warning of any trenches, ditches or tunnels dug or maintained by the Permittee. VII. POLICE POWERS The County,in granting this Permit,does not waive any rights which it now has or may hereafter acquire with respect to county roads, rights-of-way or other county properly and this Permit shall not be construed to deprive the county of any powers, rights or privileges which it now has or may hereafter acquire to regulate the use of and to control the county roads,right-of-way and other county property covered by this Permit. The County retains the right to administer and regulate activities of the Permittee up to the fullest extent of the law. The failure.to reserve a particular right to regulate, or reference a particular regulation, shall not be interpreted by negative implication or otherwise to prevent the application of a regulation to the Permittee. VIII. RELOCATION Permittee shall, in the course of any Work, comply with the following requirements: A. The Permittee shall,by a time specified by the County,protect, support,temporarily disconnect, relocate, or remove any of its utility facilities when required by the County by reason of traffic conditions; public safety; road right-of-way construction; road right-of-way repair (including resurfacing or widening); change of road right-of-way grade; construction, installation, or repair of County-owned sewers, drains, water pipes, power lines, signal lines, tracks, communications system, other public work, public facility, or improvement of any government-owned utility; road right-of-way vacation; or for any other purpose where the County work involved would be aided by the removal or relocation of the utility facilities. Collectively, such matters are referred to below as the "public work." 6 Permittee acknowledges and understands that any delay by Permittee in performing the above described work may delay, hinder, or interfere with the work performed by the County and its contractors and subcontractors done in furtherance of such Public Work and result in damage to the County, including but not limited to, delay claims. Permittee shall cooperate with the County and its contractors and subcontractors to coordinate such Permittee work to accommodate the Public Work project and project schedules to avoid delay, hindrance of, or interference with the Public Work. The County shall make available to the Permittee a copy of the Six Year Transportation Program and the County's annual construction program after adoption each year. It is anticipated these programs will aid the Permittee in planning construction programs. B. Permittee has a duty to protect its utility facilities from work performed by the County within the road rights-of-way. The rights granted to the Permittee herein do not preclude the County, its employees, contractors, subcontractors, and agents from blasting, grading, excavating, or doing other necessary road work contiguous to Permittee's utility facilities; providing that, the Permittee shall be given a minimum of forty-eight (48) hours notice of said blasting or other work in order that the Permittee may protect its utility facilities. C. In the event of an emergency, or where the utility facility creates or is contributing to an imminent danger to health, safety, or property, the County may protect, support, temporarily disconnect, remove, or relocate any or all parts of the utility facility without prior notice, and charge the Permittee for costs incurred. D. If any Person that is authorized to place facilities in the road right of way requests the Permittee to protect, support, temporarily disconnect, remove, or relocate the Permittee's utility facilities to accommodate the construction, operation, or repair of the facilities of such other person,the Permittee shall, after 30 days' advance written notice,take action to effect the necessary changes requested; provided that, if such project is related to or competes with Permittee's service, or if the effect of such changes would be to permanently deprive Permittee of the beneficial enjoyment of this Permit for its intended purposes through interference with the operation of Permittee's utility facilities or otherwise, Permittee shall not be required to relocate its utility facilities. Unless the matter is governed by a valid contract or a state or federal law or regulation, or unless the Permittee's utility facilities were not properly installed, the reasonable cost of the same shall be borne by the Person requesting the protection, support, temporary disconnection,removal, or relocation at no charge to the County, even if the County makes the request for such action. E. The Permittee shall, on the request of any person holding a valid permit issued by a governmental authority,temporarily raise or lower its wires to permit the moving of buildings or other objects. The expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting the same. 7 The County of Mason will accept liability for direct and actual damages to said Permittee that are the result of the negligence of Mason County, its trustees, officers, employees, contractors, subcontractors or agents while performing County improvement or Public Works projects enumerated in Section VIII, paragraph B. Direct and actual damages are specifically limited to physical damage to properly installed and located infrastructure of the Permittee and the cost to repair such physical damage. Mason County retains the right to assert all applicable defenses in the event of a dispute including contributory_negligence on the part of the Permittee. Mason County shall in no way be liable for incidental damages claimed to arise from such actions. All Work to be performed by the Permittee under this section shall pass the inspection of the County Engineer. The Permittee shall pay all costs of and expenses incurred in the examination, inspection and approval of such work. IX. PRESERVATION OF MONUMENTS/MARKERS Before any Work is performed under this permit which may affect any existing monuments or markers of any nature relating to subdivisions,plats,roads and all other surveys, the Permittee shall reference all such monuments and markers. The reference points shall be so located that they will not be disturbed during the Permittee's Work and operations under this Permit. The method of referencing these monuments or other points to be referenced shall be approved by the County Engineer. The replacement of all such monuments or markers disturbed during construction shall be made as expeditiously as conditions permit in accordance with RCW 58.24 and WAC 332-120, and as directed by the County Engineer. The cost of monuments or other markers lost, destroyed, or disturbed, and the expense of replacement by approved monuments, shall be borne by the Permittee. A complete set of reference notes for monument and other ties shall be filed with the office of the Mason County Engineer. X. VACATION OF ROAD RIGHT-OF-WAY If at any time the County shall vacate any County road or right-of-way or other County Property which is subject to rights granted by this Permit and said vacation shall be for the purpose of acquiring the fee or other property interest in said road or right-of-way for the use of the County, in either its proprietary or governmental capacity, then the Board of Mason County Commissioners may,at its option,and by giving thirty(30)days written notice to the Permittee, terminate this Permit with reference to such county road right-of-way or other County property so vacated,and the County of Mason shall not be liable for any damages or loss to the Permittee by reason of such termination. It has been the practice of Mason County to reserve easements for utilities at the time of road vacation, and will continue to be the practice until such time the Board of Mason County Commissioners direct a change of practice. 8 XI.FINANCIAL SECURITY A. Insurance It is intended that the following insurance requirements shall apply to the person performing the Work in the road right-of-way. Permittee and Permittee's contractors shall not perform or cause to be performed any Work,unless and until Permittee(to the extent Permittee performs any of the Work in the road right-of-way) or its contractors (to the extent Permittee's contractor performs any of the Work in the road right-of-way) provide certificates- of insurance evidencing that Permittee or Permittee's contractors are in compliance with the following requirements, including,maintaining insurance in at least in the following amounts: 1. COMMERCIAL GENERAL LIABILITY insurance to cover liability, bodily injury, and property damage. The Commercial General Liability insurance shall be written on an occurrence basis, with an aggregate limit location endorsement for the Permit Area, and shall provide coverage for any and all costs, including defense costs, and losses and damages resulting from personal injury, bodily injury and death, property damage, products liability and completed operations arising out of the Work. Coverage must be written with the following limits of liability: Bodily and Personal IniM&ProperlyDamagge $ 1,000,000 per Occurrence $ 2,000,000 aggregate 2 WORKERS'COMPENSATION insurance shall be maintained by Permittee's contractor to comply with statutory limits for all employees, and in the case any work is sublet, the contractor shall require its subcontractors similarly to provide workers' compensation insurance for all the employees. 3. COMPREHENSIVE AUTO LIABILITY insurance shall include owned, hired, and non-owned vehicles on an occurrence basis with coverage of at least $500,000 per occurrence. The required insurance shall be maintained from the time that Work in the road right-of-way commences until the Work is complete and the utility permit issued for said Work has been released by the County Engineer, or his or her designee. If the Permittee or its contractors and subcontractors do not have the required insurance, the County may require such entities to stop operations until the insurance is obtained and approved. Permittee shall, or shall cause its contractors to, file with the application for a utility permit, certificates of insurance reflecting evidence of the required insurance in a form and content approved by the County's Risk Manager. All coverage shall be listed on one certificate with the same expiration dates. 9 The certificates shall contain a provision that coverages afforded under these policies will not be canceled until at least 30 days'prior written notice has been given to the County. In the event that the insurance certificate provided indicates that the insurance shall terminate or lapse during the period of the Work, then, in that event, the Permittee shall furnish, at least 30 days prior to the expiration of the date of such insurance, a renewed certificate of insurance as proof that equal and like coverage has been or will be obtained prior to any such lapse or termination during the balance of the period of the Permit. The County reserves the right, during the term of the Permit, to require any other insurance coverage or adjust the policy limits as it deems reasonably necessary utilizing sound risk management practices and principals based upon the loss exposures. Each insurance policy required pursuant to this Permit shall be primary and non-contributing as respects any coverage maintained by the County and shall include an endorsement reflecting the same. Any other coverage maintained by County shall be excess of this coverage herein defined as primary and shall not contribute with it. The certificate of insurance must reflect that the above wording is included in all such policies. Each insurance policy obtained pursuant to this Permit shall be issued by financially sound insurers who may lawfully do business in the State of Washington with a financial rating at all times during coverage of no less than rating of"A" and a class of"X" or better in the latest edition of"Best's Key Rating Guide"published by A.M.Best Company,or such other financial rating or rating guide approved in writing by the County's risk manager. In the event that at any time during coverage, the insurer does not meet the foregoing standards, Permittee shall give or shall cause its contractors to give prompt notice to the County and shall seek coverage from an insurer that meets the foregoing standards. The County reserves the right to change the rating or the rating guide depending upon the changed risks or availability of other suitable and reliable rating guides. Comprehensive general liability insurance policies and coverage obtained pursuant to this Permit shall include an endorsement (standard ISO form CG 24-17) deleting all exclusions for work or incidents occurring within any distance from a railroad track or railroad property, or on, over, or under a railroad track. Insurance policies required pursuant to this Permit shall have no non-standard exclusions unless approved of by the County Risk Manager or designee. Commercial general liability insurance policies obtained pursuant to this Permit shall name the County as an additional insured without limitation,pursuant to an endorsement approved of by the County's Risk Manager or designee. Permittee or Permittee's Contractors' insurers, through policy endorsement, shall waive their rights of subrogation against the County for all claims and suits. The certificate of insurance must reflect this waiver of subrogation rights endorsement. 10 B. Contractor Bond. All contractors performing Work on behalf of Permittee shall be licensed and bonded. C. Limitation of Liability. to the fullest extent permitted by law, permittee shall, and shall cause its contractor(s) only as to subsection (9) below, to release, indemnify, defend and hold harmless the county and the county's legal representatives,officers(elected or appointed), employees and agents (collectively, "indemnitees") for, from and against any and all claims, liabilities, fines, penalties, costs, damages, losses, liens, causes of action, suits, demands, judgments and expenses (including, without limitation, court costs, attorneys' fees, and costs of investigation,removal and remediation and governmental oversight costs),environmental or otherwise(collectively"liabilities")of any nature,kind, or description, of any person or entity, directly or indirectly, arising out of,resulting from, or related to (in whole or in part): 1. this permit; 2. any rights or interests granted pursuant to this permit; 3. permittee's occupation and use of the road right of way; 4. permittee's operation of its utility facilities; 5. the presence of utility facilities within the right of way; 6. the environmental condition and status of the road right-of-way caused by, aggravated by, or contributed to, in whole or in part,by permittee or its agents; or 7. the acts,errors,or omissions of third parties when arising out of the,installation, construction, adjustment,relocation,replacement, removal, or maintenance of such third party utility facilities within the road rights-of-way when such work is performed under authority of the operator's utility permit or at the direction or under the control of the operator; or 8. any act or omission of permittee or permittee's agents; or 9. any act or omission of contractor or its employees, agents, or subcontractors when arising out of the work. Even if such liabilities arise from or are attributed to,in whole or in part, any negligence of any indemnitee. The only liabilities with respect to which permittee's obligation to indemnify the indemnitees does not apply are liabilities to the extent proximately caused by the sole negligence or intentional misconduct of an indemnitee or for liabilities that by law the indemniteees cannot be indemnified for. 11 Upon written notice from the county,permittee agrees to assume the defense of any lawsuit or other proceeding brought against any indemnitee by any entity, relating to any matter covered by this permit for which permittee has an obligation to assume liability for and/or save and hold harmless any indemnitee. Permittee shall pay all costs incident to such defense, including, but not limited to, attorneys' fees, investigators' fees, litigation and appeal expenses, settlement payments and amounts paid in satisfaction of judgments. Permittee will fully satisfy said judgment within ninety (90) days after said suit or action shall have finally been determined if determined adversely to mason county. upon the permittee's failure to satisfy said judgment within the ninety(90) day period, this permit shall at once cease and terminate and the county of mason shall have a lien upon permittee's utility facilities and all other facilities used in the construction, operation and maintenance of the permittee's utility system which may be enforced against the property for the full amount of any such judgment so taken against any of the indemnitees Acceptance by the County of any Work performed by the Permittee at the time of completion shall not be grounds for avoidance of this covenant. XII. PERMIT NONEXCLUSIVE This Permit shall not be deemed to be an exclusive Permit. It shall in no manner prohibit the County of Mason from granting rights to other utilities under, along, across, over and upon any of the County roads, rights-of-way or other County property subject to this Permit and shall in no way prevent or prohibit the County of Mason from constructing, altering, maintaining or using any of said roads rights-of-way, drainage structures or facilities, irrigation structures or facilities, or any other county properly or affect its jurisdiction over them or any part of them with full power to make all necessary changes,relocations,repairs,maintenance, etc.,the same as the County may deem fit. XIII. SUCCESSORS AND ASSIGNS All the provisions, conditions, regulations and requirements herein contained shall be binding upon the successors and assigns of the Permittee and all privileges, as well as all obligations and liability of the Permittee, shall inure to its successors and assigns equally as if they were specifically mentioned wherever the Permittee is mentioned. Any reference in this Permit to a specifically named party shall be deemed to apply to any successor, heir, administrator, executor or assign of such party who has acquired its interest in compliance with the terms of this Permit or under law. XIV. TRANSFER/ASSIGNMENT Permittee may assign or transfer this Permit by contacting the County of Mason to obtain an Assignment Agreement. The Agreement must be signed and delivered back to the County of Mason. Assignees shall thereafter be responsible for all obligations of Permittee with respect to the Permit and guaranteeing performance under the terms and conditions of the Permit and that transferee will be bound by all the conditions of the Permit and will assume all the obligations of its predecessor. Such an assignment shall relieve the Permittee of any further 12 obligations under the Permit, including any obligations not fulfilled by Permittee's assignee; provided that, the assignment shall not in any respect relieve the Permittee, or any of its successors in interest, of responsibility for acts or omissions, known or unknown, or the consequences thereof, which acts or omissions occur prior to the time of the assignment. No Permit may be assigned or transferred without filing or establishing with the county the insurance certificates, security fund and performance bond as may be required pursuant to this Permit. XV. ANNEXATION Whenever any of the County road rights-of-way or other county property as designated in this Permit,by reason of the subsequent incorporation of any town or city,or extension of the limits of any town or city, shall fall within the city or town limits; then, except to the extent allowed by law, this Permit shall terminate in respect to the said roads, rights-of-way or other county property so included with city or town limits; but this Permit shall continue in force and effect to all county road rights-of-way or other county property not so included in city or town limits. XVI. TERM/TERMINATION/REMEDIES A. Term. This Permit shall commence upon acceptance by the Permittee as provided at Section XVIII herein and continue in PERPETUITY until terminated or otherwise superseded by a subsequent franchise, private line utility occupancy permit, master road use permit or other agreement of the Parties. In the event that it is determined by a court of competent jurisdiction that, as a matter or law, the term provided for herein is unlawful, this Permit shall be deemed to have a term for the maximum period allowed by law, and if no such maximum period is readily and easily capable of being identified,for a term of not longer than fifty(50)years. B. Termination by County. Permittee has elected to obtain a Permit in lieu of a franchise agreement. Permittee understands and agrees that,unlike a franchise,this Permit may be terminated by the County with or without cause. This means that the County is not required to have or provide a reason for the termination and that the County may terminate this Permit in its sole discretion without penalty to the County and regardless of whether or not Permittee is or is not in default;provided that,the County may not terminate this Permit for a reason that is unlawful. The Parties agree that the only condition of termination by the County of this Permit is that the County must give not less than ninety(90)days written notice to the Permittee of termination. The County Engineer is authorized to exercise the right of the County to terminate this Permit. C. Termination upon Transfer/Assignment/Conveyance. This Permit shall automatically terminate upon: (1)assignment of the Permit without the prior written consent of the County in substantially the form of an Assignment Agreement (obtained by request), (2) transfer of the utility facilities located with the Permit Area without prior written notice to the County and mutual acceptance of an assignment of the Permit, (3) conveyance of the real property or any part thereof benefited by the installation and operation of the utility facilities 13 without prior written notice to the County and mutual acceptance of an assignment of the Permit,or(4)use of the utility facilities for the benefit of persons other than the owner/operator in a manner that no longer constitutes a de-minimis use of the road right-of-way. D. Termination upon Removal of Utility Facilities. This Permit and all of the rights, duties and obligations contained herein, shall terminate upon removal of all Permittee utility facilities from the road right-of-way or abandonment and de-commissioning in place to the reasonable satisfaction of and in the manner approved by the County Engineer and restoration of the road right-of way to the satisfaction of the County Engineer. E. Effect of Termination. On or before the effective date of termination or as otherwise mutually agreed to by the Parties, Permittee shall remove its utility facilities from the road rights-of-way and restore the road rights-of-way to the reasonable satisfaction of the County Engineer. In lieu of removal, the County Engineer may authorize abandonment in place and de-commissioning of the utility facilities in the manner approved by and to the reasonable satisfaction of the County Engineer. In the event that the Permittee fails to timely and completely perform such work, the County may perform or complete such work at the cost of the Permittee and Permittee shall be obligated to reimburse the County for such work within 30 days of invoice by the County. F. Remedies. In addition to the right of the County to terminate this Permit,the County has the right to exercise any and all of the following remedies, singly or in combination, in the event of Default. "Default" shall mean any failure of Permittee or its agents to keep, observe or perform any of Permittee's or its agent's duties or obligations under this Permit: 1. Damages. Permittee shall be liable for any and all damages incurred by County. 2. Specific Performance. County shall be entitled to specific performance of each and every obligation of Permittee under this Permit without any requirement to prove or establish that County does not have an adequate remedy at law. Permittee hereby waives the requirement of any such proof and acknowledges that County would not have an adequate remedy at law for Permittee's commission of an Event of Default hereunder. 3. Injunction. County shall be entitled to restrain, by injunction, the actual or threatened commission or attempt of an Event of Default and to obtain a judgment or order specifically prohibiting a violation or breach of this Permit agreement without, in either case, being required to prove or establish that County does not have an adequate remedy at law. Permittee hereby waives the requirement of any such proof and acknowledges that County would not have an adequate remedy at law for Permittee's commission of an Event of Default hereunder. 4. Alternative Remedies. Neither the existence of other remedies identified in this Permit nor the exercise thereof shall be deemed to bar or otherwise limit the right of the County to commence an action for equitable or other relief and/or proceed against Permittee 14 and any guarantor for all direct monetary damages,costs and expenses arising from the Default and to recover all such damages, costs and expenses, including reasonable attorneys' fees. Remedies are cumulative;the exercise of one shall not foreclose the exercise of others. XVII. SUBSEQUENT ACTION The County reserves for itself the right at any time upon ninety (90) days written notice to the Permittee, to so change, amend, modify or amplify any of the provisions or conditions herein enumerated to conform to any state statute or county regulation,relating to the public welfare, health, safety or highway regulation, as may hereafter be enacted, adopted or promulgated. XVIII. ACCEPTANCE Permittee shall execute and return to County a signed acceptance of the Permit granted hereunder. The acceptance shall be in the form of the acceptance attached hereto as Exhibit "A", and in accepting the Permit, Permittee warrants that it has carefully read the terms and conditions of this Permit and accepts all of the terms and conditions of this Permit and agrees to abide by the same and acknowledges that it has relied upon its own investigation of all relevant facts, that it has had the assistance of counsel or an opportunity to have assistance of counsel, that it was not induced to accept a Permit, that this Permit represents the entire agreement between the Permittee and the County. In the event the Permittee fails to submit the acceptance as provided for herein within the time limits set forth in this section,the grant herein is and shall become null and void. XIX. RECORDING OF MEMORANDUM OF PERMIT The Parties agree that a"Memorandum of Permit" in substantially the form attached hereto as Exhibit`B",shall be filed for record with the Office of the Mason County Auditor upon written acceptance by the Permittee. The cost and expense of such filing shall be borne by the Permittee if not already included in the fee for issuance of this Permit. Notwithstanding the foregoing, this Permit is not intended nor shall it be construed to create an interest in land or constitute the grant or conveyance of a real property interest by the County to the Permittee. The requirements of this Section KX are intended solely to provide notice of the existence of this Permit and the terms and conditions there under, including inter-alia, the limitations upon assignment of the Permit. Permittee shall at the time of its acceptance of this Permit identify the assessor's tax identification number of the parcel or parcels benefited by this Permit and a legal description of each such parcel to be included in the Memorandum of Permit. XX. MISCELLANEOUS PROVISIONS A. Controlling Law/Venue. Any disputes concerning the application or interpretation of any of the provisions of this Permit shall be governed by the laws of the State of Washington. Venue of any action or arbitration brought under this Permit shall be in Mason County, 15 Washington or the Western District of Washington if an action is brought in federal court, provided; however,that venue of such action is legally proper. B. Liens. Permittee shall promptly pay and discharge any and all liens arising out of any Work done, suffered or permitted to be done by Permittee on any Permit area. C. Waiver. No waiver by either party of any provision of this Permit shall in any way impair the right of such party to enforce that provision for any subsequent breach, or either party's right to enforce all other provisions of this Permit. D. Attorney's Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Permit, the substantially prevailing Party or Parties shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which such Party or Parties may be entitled. E. Amendment. This Permit may be amended only by a written contract signed by authorized representatives of Permittee and County of Mason. F. Severability. If any provision of this Permit is held to be illegal, invalid or unenforceable under present or future laws, such provision will be fully severable and this Permit will be construed and enforced as if such illegal, invalid or unenforceable provision is not a part hereof, and the remaining provisions hereof will remain in full force and effect. In lieu of any illegal,invalid or unenforceable provision herein,there will be added automatically as a part of this Permit, a provision as similar in its terms to such illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable. G. Joint and Several Liability. Permittee acknowledges that, in any case in which Permittee and Permittee's contractors are responsible under the terms of this Permit, such responsibility is joint and several as between Permittee and any such Permittee's contractors; provided that, the Permittee is not prohibited from allocating such liability as a matter of contract. H. Notices. Any notice contemplated, required, or permitted to be given under this Permit shall be sufficient if it is in writing and is sent either by: (a)registered or certified mail, return receipt requested; or (b) a nationally recognized overnight mail delivery service, to the Party and at the address specified below, except as such Party and address may be changed by providing no less than thirty(3 0) days' advance written notice of such change in address. Permittee: Port of Grapeview 510 E Grapeview Loop Road Grapeview, WA 98546 Attn: John Anderson Grantor: Mason County Public Works 1.00 W Public Works Drive Shelton, WA 98584 16 I. Approvals. Nothing in this Permit shall be deemed to impose any duty or obligation upon the County to determine the adequacy or sufficiency of Permittee's plans and specifications or to ascertain whether Permittee's proposed or actual construction, installation, testing, maintenance, repairs, replacement, relocation, adjustment or removal is adequate or sufficient or in conformance with the plans and specifications reviewed by the County. No approval given, inspection made, review or supervision performed by the County pursuant to this Permit shall constitute or be construed as a representation or warranty express or implied by County that such item approved, inspected, or supervised, complies with laws, rules regulations or ordinances or this Permit or meets any particular standard, code or requirement, or is in conformance with the plans and specifications, and no liability shall attach with respect thereto. County and inspections as provided herein, are for the sole purpose of protecting the County's rights as the owner and manager of the road rights-of-way and shall not constitute any representation or warranty, express or implied, as to the adequacy of the design, construction, repair, or maintenance of the utility facilities, suitability of the permit area for construction, maintenance, or repair of the utility facilities, or any obligation on the part of the County to insure that work or materials are in compliance with any requirements imposed by a governmental entity. County is under no' obligation or duty to supervise the design, construction,installation,relocation,adjustment,realignment,maintenance,repair,or operation of the utility facilities. J. Force Majeure. Neither Party hereto shall be liable to the other Party for any failure to perform an obligation set forth herein to the extent such failure is caused by war, act of terrorism or an act of God, provided that such Party has made and is making all reasonable efforts to perform such obligation and minimize any and all resulting loss or damage. K. Construction. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the Party or Parties may require. The provisions of this Permit shall be construed as a whole according to their common meaning, except where specifically defined herein, not strictly for or against any party and consistent with the provisions contained herein in order to achieve the objectives and purposes of this Permit. L. Incorporation by Reference. All exhibits annexed hereto at the time of execution of this Permit or in the future as contemplated herein, are hereby incorporated by reference as though fully set forth herein. M. Calculation of Time. All periods of time referred to herein shall include Saturdays, Sundays,and legal holidays in the State of Washington, except that if the last day of any period falls on any Saturday, Sunday, or legal holiday in the State of Washington, the period shall be extended to include the next day which is not a Saturday, Sunday, or legal holiday in the State of Washington. 17 N. Entire Agreement. This Permit is the full and complete agreement of County and Permittee with respect to all matters covered herein and all matters related to the use of the Permit Area by Permittee and Permittee's Contractors, and this Permit supersedes any and all other agreements of the Parties hereto with respect to all such matters, including, without limitation, all agreements evidencing the Permit. O. No Recourse. Without limiting such immunities as the County or other persons may have under applicable law, Permittee shall have no monetary recourse whatsoever against the County or its officials, boards, commissions, agents, or employees for any loss or damage arising out of the County's exercising its authority pursuant to this Permit or other applicable law. P. Responsibility for Costs. Except as expressly provided otherwise, any act that Permittee is required to perform under this Permit shall be performed at its cost. If Permittee fails to perform work that it is required to perform within the time provided for performance, the County may perform the work and bill the Permittee. The Permittee shall pay the amounts billed within 30 days. Q. Work of Contractors and Subcontractors. Work by contractors and subcontractors are subject to the same restrictions, limitations, and conditions as if the Work was performed by the Permittee. The Permittee shall be responsible for all Work performed by its contractors and subcontractors, and others performing Work on its behalf, under its control, or under authority of its utility permit, as if the work were performed by it and shall ensure that all such work is performed in compliance with this Permit, Title 12 MCC, the Manual and other applicable law, and shall be jointly and severally liable for all damages and correcting all damage caused by them. It is the Permittee's responsibility to ensure that contractors, subcontractors, or other Persons performing work on the Permittee's behalf are familiar with the requirements of the Permit,Title 12 MCC,the Manual,and other applicable laws governing the work performed by them and further, for ensuring that such contractors and subcontractors maintain insurance as required herein. R. Survival of Terms. Upon the termination of the Permit,the Permittee shall no longer have the right to occupy the Permit area. However, the Permittee's obligations under this Permit to the County shall survive the termination of these rights according to its terms for so long as the Permittee's utility facilities shall remain in whole or in part in the road rights-of- way, except to the extent the County Engineer has approved abandonment in place. By way of illustration and not limitation, Permittee's obligations to indemnify, defend and hold harmless the County, provide insurance and a performance/payment bond pursuant to Section XI and Permittee's obligation to relocate its utility facilities pursuant to Section VIII, shall continue in effect as to the Permittee, notwithstanding any termination of the Permit, except to the extent that a County-approved transfer, sale, or assignment of the utility system is completed, and another entity has assumed full and complete responsibility for the utility facilities or for the relevant acts or omissions. 18 DATED at Shelton, Washington this day of , 2020. APPROVED: BOARD OF COMMISSIONERS MASON COUNTY, WASHINGTON County Engineer Chair Approved as to form: Vice Chair Chief D.P.A. Commissioner 19 EXHIBIT "A" ACCEPTANCE OF PERMIT Private Line Utility Occupancy Permit effective 12019. UWe,_ \hle am/our the p,.o c of parcel(s) and Uwe am/are the (Operator and) or(representative authorized to) accept Permit on behalf of o Qr3d, ( c�rtify that this Permit and all terms and conditions thereof are accepted by C�4N 10 without R-- qualification or reservation and guarantee performance hereunder. UWe certi that,to the best of my/our knowledge,the assessor's tax identification number of the parcel or parcels benefited by this Permit and a legal description of each such parcel are as described in the attached under Permit Exhibit`B". DATED this day of , 2019. PERMITTEE(S) By: Title: C'y�,c-vti�4sycr STATBOF_WQSh%nGtGU ) )ss. COUNTY OF k j fi o 9 ) I certify that I know or have satisfactory evidence that -10 h In A h e rson is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorizewo execute the instrument and acknowledged it as the O m In i SS 1 in n e r of the CnT tQ PO(-t- o F C-�=, 2y i et,) to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: J ..JORDAN L. HALFFMAN No Public NOTARY PUBLIC Print Name J 0 rd Q n t- Fir I f7t'(n0 ) STATE OF WASHINGTON My commission expires 0-7 / 22- / ')02-0 -My Commission Expires July 22.20200 A- 1 RECORDED AT THE REQUEST OF AND AFTER RECORDING RETURN TO: County of Mason 100 West Public Works Drive Shelton WA 98584 Attn: County Engineer EXHIBIT "B" MEMORANDUM OF PERMIT Title: Port of Grapeview Private Line Occupancy Permit Grantor: COUNTY OF MASON, a legal subdivision of the state of Washington Grantee: Port of Grapeview Description of Franchise Area: SEE EXHIBIT B-4 B-1 MEMORANDUM OF PRIVATE LINE UTILITY OCCUPANCY PERMIT THIS MEMORANDUM OF PERMIT is dated as of the_day of ,2020 between the County of Mason,a legal subdivision of the state of Washington("County")and (Permittee"). 1. Property. County has, pursuant to Private Line Utility Occupancy Permit granted to Permittee, the right, revocable at the will of the County, to use and occupy certain road rights-of-way for the construction, installation, adjustment,maintenance, removal,repair, relocation and operation of Permittee's utility facilities for the benefit of the herein described Property, upon the terms and conditions of that certain permit agreement between the parties accepted the day of , 2020 (the"Permit"), which terms and conditions are incorporated herein by this reference. The property to be benefited by this permit is situated in the Mason County, Washington, legally described in Exhibit B attached hereto (herein called the"Property"). The road right-of-way permit area("Permit Area")is also described in attached Exhibit B. 2. Term. The term of the Permit is in perpetuity unless terminated. 3. Termination. County in its sole discretion may terminate all or part of the Permit with or without cause upon no less than ninety (90) days written notice to the Permittee. Further, this Permit will automatically terminate upon assignment without the prior written consent of the County, or upon transfer of the Property without the prior written consent of the County to an assignment of the Permit or upon transfer of all or part of the utility facilities located in the Permit Area without the prior written consent of the County to an assignment of the Permit. 4. Purpose of Memorandum of Permit. This memorandum of permit is prepared for the purpose of recordation and notice and in no way modifies the Permit and is in no way intended to or should be construed to create or convey an interest in land or the road right-of- way- DATED this day of ,2020 COUNTY OF MASON County Engineer Approved as to form: Chief D.P.A. B-2 PERMITTEE B : -1b tt)V A rgl�, S&-�i Title: 0 OWN inn ss o+o,eJL STATE OF wa6r1 I n GIGO ss. COUNTY OF 1LI t-SQ�p I certify that I know or have satisfactory evidence that "ji w czs the person who appeared before me,and said person acknowledged that said person signed this instrument, on oath stated that said person was authorized to execute the instrument and acknowledged ownership of parcel(s) 51 to H 00 1 to be the free and voluntary act of such person/corporation for the uses and purposes mentioned in the instrument. Dated this (0"h day of Feb rU a rta Dated: 0 (Signature tary) JOrdOn L• HGIEFmGn JORDAN L. HALFFMAN (Legibly Print otstampName of Notary) NOTARY PUBLIC Notary public in and for the state of W R• , STATE OF WASHINGTON residing at 1LI nG Si-ON My Commission Expires July 22.2020 ------------------------ My appointment expires 0-7 /'2-2-/2-0 10 B-3 FORM OF MEMORANDUM OF PERMIT Permit Area Map i i r� RISWOL A G � O O ' B-4 RT o,o Ohio �7v re .n ' � °"°ids—..'`y i" ..•..:. ` '�'•' .. n, .�. � yt' ""`wr. 111 •� i _. R ••• - • fl �.,i'� +•d'� nyt IM t I - i a Y Ir1l.Mr, �/ e♦ i t i- �. ..•� vim+.` ��/' .*'+ � � i Y "Wit ts Ami q. � 4� 4' '-'1 ti�4i��✓�y�v"..,.�. I+��'�E3.'G;s_- j�1� '���"aa. s ryi��.. •i yi" . � MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Loretta Swanson, Director DEPARTMENT: Public Works EXT: 450 BRIEFING DATE: March 2, 2020 INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources X Legal ❑ Other— please explain ITEM: Franchise Agreement Applications for Multiple Water Systems—Set Hearing EXECUTIVE SUMMARY: This is the fourth in a series of"bundled"water system franchise agreement renewals. The agreements include updated franchise language with a provision for automatic renewal for up to three 10-year terms. The fourth set of water systems that have re-applied for franchise agreements and to be considered include: Aquarius Utilities, LLC Island Shores Water, LLC Detroit Water Service Association Oak Park Water Company, LLC BUDGET IMPACT: Applications are not considered"new"and applicants have paid $300 for each re-application or renewal of their respective franchises. PUBLIC OUTREACH: The public will be notified through the normal public hearing notice process. Public Works Staff has communicated with the water districts and systems via email, phone call, and/or letter through their boards and/or committees. RECOMMENDED OR REQUESTED ACTION: Recommend the Board set a hearing for Tuesday, April 7, 2020 at 9:15am to consider approving the franchise agreement applications between Mason County and Aquarius Utilities, LLC, Island Shores Water, LLC, Detroit Water Service Association and Oak Park Water Company, LLC, granting permission to run the utility lines under and across county road rights of way. Attachments- 1. Franchise agreement application example 2. Description of franchise areas 3. Notice IN THE MATTER OF THE APPLICATION OF FOR A FRANCHISE PERMIT TO CONSTRUCT, OPERATE, AND MAINTAIN UTILITY FACILITIES, OVER, ALONG AND UNDER COUNTY ROADS AND HIGHWAYS LOCATED IN MASON COUNTY, WASHINGTON Application of(Name of Operator) , doing business in Washington as , with its principal offices located at by and through(person authorized to actfor and on behalfofapplicant) , for a franchise to construct, operate and maintain (description of type) utility facilities in,over,along and under county roads and highways in Mason County,Washington,as set forth in attached Exhibit `B" (Franchise Area), having come on regularly for hearing before the County Commissioners of Mason County, Washington, on the day of , 20 , at the hour of , under the provisions of RCW 36.55, RCW 80.32.010 and RCW 80.36.040, and it appearing to the Board that notice of said hearing has been duly given as required by law, and that it is in the public interest to allow the franchise herein granted; NOW THEREFORE, IT IS ORDERED that a non-exclusive franchise be, and the same is hereby given and granted to Operator, and its successors and assigns, hereinafter referred to as the Franchisee, for a period of 10 years with automatic renewal at the end of each term of 10 years unless either party gives the other written notice of termination at least 30 days prior to the end of the relevant term. (no more than ten years each term and can only be renewed 3 times) from and after the date of the entry of this order for the purposes, at the location(s), and upon the express terms and conditions as described herein. I. DEFINITIONS For the purposes of this franchise,terms,phrases,words,and their derivations not defined herein that are defined in Title 12 of the Mason County Code or the Manual on Accommodating Utilities in the Mason County Right-of-Way published by the County Engineer(the"Manual"),shall have the same meaning or be interpreted as provided in Title 12 of the Mason County Code or the Manual. Words not defined here, in Title 12 of the Mason County Code or the Manual shall have their ordinary meaning. A reference to Title 12 of the Mason County Code or the Manual refers to the same as may be amended, revised, updated,re-enacted or re-codified from time to time. II. GRANT The County of Mason hereby grants to the Franchisee a non-exclusive franchise which, once it becomes effective shall authorize the Franchisee to enter upon the road rights-of-way located 1 within the Franchise Area identified in attached Exhibit"B", for the purpose of installing, constructing, maintaining, repairing,replacing, adjusting, relocating and operating the utility facilities, which grant shall be limited to the following described purpose(s): Such grant is subject to and must be exercised in strict accordance with and subject to this franchise, Title 12 of the Mason County Code, the Manual and all applicable laws, rules, regulations and ordinances. Franchisee's exercise of any rights granted pursuant to the franchise is subject to the exercise of the County's police powers, and other regulatory powers as it may have or obtain in the future. No rights shall pass to the franchisee by implication. This franchise does not include permission to enter into or upon the road rights-of-way for any purposes others than the purposes expressly described herein. Permittee has a duty to notify the County of any change in use or condition of the utility facilities that may affect the status of the utility facilities or the impact of the utility facilities upon the road rights-of-way. III. UTILITY PERMIT REQUIRED Franchisee shall not commence or perform work(hereafter"Work")to install, construct,maintain repair, replace adjust, connect, disconnect, rebuild, or relocate its utility facilities within the road rights-of-way,without first applying for,paying all associated fees,and obtaining a utility permit as required pursuant to Title 12 of the Mason County Code. In any utility permit so issued,the County may impose,as a condition of the granting the utility permit,such conditions and regulations as may be necessary for the protection,preservation and management of the road rights-of-way,including, by way of example and not limitation, for the purpose of protecting any structures in the road rights-of-way, maintaining proper distance from other utilities, ensuring the proper restoration of such road rights-of-way and structures, and for the protection of the County and the public and the continuity of pedestrian and vehicular traffic. Franchisee shall first file with the County Engineer its application for a utility permit to do such Work together with plans and specifications in triplicate showing at a minimum: A.The position,depth and location of all such utility facilities sought to be constructed,laid, installed or erected at that time,showing their relative position to existing county roads,rights-of-way or other county property upon plans drawn to scale,hereinafter collectively referred to as the"map of definite location; B. The class and type of material and equipment to be used, manner of excavation, construction,installation,backfill,erection of temporary structures,erection of permanent structures, traffic control,traffic turnouts and road obstructions; C. The manner in which the utility facility is to be installed; D. Measures to be taken to preserve safe and free flow of traffic; 2 E. Structural integrity of the roadway, bridge, or other structure; F. Specifications for the restoration of the county road,right-of-way or other county property in the event that the road right of way will be disturbed by the Work; and G. Provision for ease of future road maintenance and appearance of the roadway. Provision shall be made for known or planned expansion of the utility facilities,particularly those located underground or attached to bridges or other structures within the road right-of-way. The location, alignment and depth of the utility facilities shall conform with said map of definite location,except in instances in which deviation may be allowed thereafter in writing by the County Engineer pursuant to application by Franchisee. All such Work shall be subject to the approval of and shall pass the inspection of the County Engineer.The Franchisee shall pay all costs of and expenses incurred in the examination,inspection and approval of such work on account of granting the said utility permits. IV. RESTORATION OF ROAD RIGHT OF WAY In any Work which disturbs or causes damage to the road rights-of-way subject to this franchise, public or private properly, the Franchisee shall at its own expense and with all convenient speed, complete the work to repair and restore the county road right-of-way, or the public or private property so disturbed or damaged, and leave the same in as good or better condition as before the Work was commenced,to the reasonable satisfaction of the County Engineer. The Franchisee shall pay all costs of and expenses incurred in the examination, inspection and approval of such restoration or repair. The County Commissioners and/or County Engineer may at any time do,order or have done any and all work that they consider necessary to restore to a safe condition such County road right-of-way or other County property left by the Franchisee or its agents in a condition dangerous to life or property, and the Franchisee, upon demand, shall pay to the County all costs of such work. V. FRANCHISEE WORK IN RIGHT OF WAY Franchisee expressly agrees and understands that,with regard to Work within the road rights-of-way: A. All of Franchisee's utility facilities and Work within the road rights-of-way or other County property shall be in compliance with the provisions of Title 12 MCC, the Manual, the administrative regulations adopted by the County Engineer,other County established requirements for placement of utility facilities in road rights-of-way, including the specific location of utility facilities in the road rights-of-way, and all applicable laws, rules,regulations and ordinances; B. In preparing plans and specifications for Work of utility facilities in the road rights-of- 3 way the Franchisee shall use the Manual. Prior to commencement of work in the road rights-of-way, Franchisee shall submit such plans and specifications to the Mason County Engineer for review and approval together with adequate exhibits depicting existing or proposed location of the utility facility in relation to the road, including right-of-way or easement lines; relationship to currently planned road revisions,if applicable; and all locations and situations for which deviations in depth of cover (including the proposed method of protection) or other locational standards that are anticipated; C. All Work to utility facilities located within the road rights-of-way or other county property subject to this franchise shall be done in such a manner as not to interfere, other than in ways approved by the County, with the construction, operation and maintenance of other utilities, public or private, drains, drainage ditches and structures, irrigation ditches and structures, located therein,nor with the grading or improvements of such County roads,rights-of-way or other County property; D. The owners and operators of all utility facilities (public or private) installed in the Franchise Area or other county property prior in time to the utility facilities of the Franchisee, shall have preference as to the alignment and location of such utilities so installed with respect to the Franchisee. Such preference shall continue in the event of the necessity of relocating or changing the grade of any such county road or right-of-way; E. Franchisee shall perform the Work and operate its utility facilities in a manner that minimizes interference with the use of the road rights-of-way by others,including others that may be installing utility facilities; and F. The County may require that Franchisee's utility facilities be installed at a particular time, at a specific place,or in a particular manner as a condition of access to a particular road right-of-way; may deny access if a Franchisee is not willing to comply with the County's requirements; and may remove, or require removal of, any utility facility that is not installed in compliance with the requirements established by the County, or which is installed without prior County approval of the time, place, or manner of installation and charge the Franchisee for all the costs associated with removal; and may require Franchisee to cooperate with others to minimize adverse impacts on the road rights-of-way through joint trenching and other arrangements. G. The County may inspect the utility facilities at any time reasonable under the circumstances to ensure compliance with this franchise and applicable law,including to ensure that the utility facilities are constructed and maintained in a safe condition. If an unsafe condition is found to exist,the County,in addition to taking any other action permitted under applicable law,may order the Franchisee, in writing, to make the necessary repairs and alterations specified therein forthwith to correct the unsafe condition on a time-table established by the County which is reasonable in light of the unsafe condition. The County has the right to correct,inspect,administer, and repair the unsafe condition if the Franchisee fails to do so, and to charge the Franchisee therefore. The right of the County to conduct such inspections and order or make repairs shall not be construed to create an obligation therefore,and such obligation to construct and maintain its utility 4 facilities in a safe condition shall at all times remain the sole obligation of the Franchisee. H. When required by the County,Franchisee shall make information available to the public regarding any work involving the ongoing installation,construction,adjustment,relocation,repair or maintenance of its utility facilities sufficient to show(1)the nature of the work being performed; (2) where it is being performed; (3) its estimated completion date; and(4)progress to completion. I. FRANCHISEE IS PLACED ON NOTICE THAT FIBER OPTIC,COMMUNICATIONS, POWER, CONTROL SYSTEMS, OTHER TYPES OF CABLES, AND PIPELINES MAY BE BURIED ON THE RIGHT OF WAY. Before beginning any underground work, Franchisee will contact the appropriate personnel to have such facilities located and make arrangements as to protective measures that must be adhered to prior to the commencement of any work within the Road rights-of-way. In addition to the liability terms elsewhere in this Agreement, Franchisee shall indemnify and hold the County and its elected and appointed officers, employees and agents harmless against and from all cost,liability,and expense whatsoever(including,without limitation, attorney's fees and court costs and expenses)arising out of or in any way contributed to by any act or omission of Franchisee, its contractor, agents and/or employees,that cause or in any way or degree contribute to (1) any damage to or destruction of any such facilities by Franchisee, and/or its contractor, agents and/or employees, on the County's property, (2) any injury to or death of any person employed by or on behalf of any entity,and/or its contractor,agents and/or employees,on the road rights-of-way, and/or(3) any claim or cause of action for alleged loss of profits or revenue, or loss of service, by a customer or user of services or products of such company(ies) (collectively "Liabilities" for purposes of this Section V.I). The only Liabilities with respect to which Franchisee's obligation to indemnify the County and its elected and appointed officers, employees and agents does not.apply are Liabilities to the extent arising out of,caused by or resulting from the negligence of the County, and its elected and appointed officers, employees and agents and Liabilities that by law the County and its elected and appointed officers, employees and agents for which the County cannot be indemnified. J. Franchisee shall continuously be a member of the State of Washington one number locator service under RCW 19.122, or an approved equivalent, and shall comply with all such applicable rules and regulations. K. Except in the event of emergency as described below,Franchisee and its Agents may not enter upon the Franchise Area to perform work for which a utility permit is not required,unless and except upon two-business days notice to the County Engineer. L. In the event of an emergency involving the threat of imminent harm to persons or property,and for purposes of taking immediate corrective action,Franchisee and its agents may enter the Franchise Area without advance notice to the County as long as such entry is for the sole purpose of addressing the emergency;provided however,that if any entry for such purposes would require issuance of a utility permit,Franchisee shall give the County verbal or telephonic notice of the places where and the manner in which entry is required prior to such entry,promptly followed by written notice. In all cases,notice to the County shall be given as far in advance as practical prior to entry or as soon as practicable after entry upon the road right-of-Way. 5 M. Franchisee shall promptly reimburse the County for their reasonable and direct costs incurred in responding to an emergency that is caused, created by or attributable to the presence, construction,maintenance,repair,or operation of the Franchisees utility facilities in the road rights- of-way. N. If,during installation,construction,relocation,realignment,adjustment,maintenance,or repair of the Franchisee's utility facilities in the road rights-of-way,Franchisee or its agents discover scientific or historic artifacts,Franchisee shall immediately notify the County of said discovery and shall protect such artifacts in a manner as specified by the County. Any such artifact shall be the property of the County if the County wishes to own it. VI. PROTECTION OF PUBLIC All work done under this franchise shall be done in a thorough and workman-like manner. In the performance of Work within or near the road rights-of-way, including without limitation, the opening of trenches and the tunneling under county roads,rights-of way or other county property,the Franchisee shall leave such trenches, ditches and tunnels in such a way as to interfere as little as possible with public travel and shall take all due and necessary precautions to guard the same,so that damage or injury shall not occur or arise by reason of such Work; and where any of such trenches, ditches and tunnels are left open at night,the Franchisee shall place warning lights,barricades and other appropriate protective devices at such a position as to give adequate warning of such Work. The Franchisee shall be liable for any injury to person or persons or damage to property sustained arising out of its carelessness or neglect, or through any failure or neglect to properly guard or give warning of any trenches, ditches or tunnels dug or maintained by the Franchisee. VII. POLICE POWERS The County of Mason,in granting this franchise,does not waive any rights which it now has or may hereafter acquire with respect to county roads, rights-of-way or other county property and this franchise shall not be construed to deprive the county of any powers, rights or privileges which it now has or may hereafter acquire to regulate the use of and to control the county roads,rights-of-way and other county property covered by this franchise. The County retains the right to administer and regulate activities of the Franchisee up to the fullest extent of the law. The failure to reserve a particular right to regulate, or reference a particular regulation, shall not be interpreted by negative implication or otherwise to prevent the application of a regulation to the Franchisee. VIII. RELOCATION Franchisee shall, in the course of any Work , comply with the following requirements: A. The Franchisee shall, by a time specified by the County, protect, support, temporarily disconnect,relocate,or remove any of its utility facilities when required by the County by reason of traffic conditions;public safety;road right-of-way construction;road right-of-way repair(including 6 resurfacing or widening); change of road right-of-way grade; construction,installation,or repair of County-owned sewers,drains,water pipes,power lines,signal lines,tracks,communications system, other public work, public facility, or improvement of any government-owned utility; road right-of-way vacation;or for any other purpose where the County work involved would be aided by the removal or relocation of the utility facilities. Collectively, such matters are referred to below as the "public work." Franchisee acknowledges and understands that any delay by Franchisee in performing the herein described work may delay, hinder, or interfere with the work performed by the County and its contractors and subcontractors done in furtherance of such Public Work and result in damage to the County,including but not limited to,delay claims. Franchisee shall cooperate with the County and its contractors and subcontractors to coordinate such Franchisee work to accommodate the Public Work project and project schedules to avoid delay, hindrance of, or interference with the Public Work. The County of Mason shall make available to the Franchisee a copy of the Six Year Transportation Program and the County's annual construction program after adoption each year. It is anticipated these programs will aid the utility in planning construction programs. B. Franchisee has a duty to protect its utility facilities from work performed by the County within the road rights-of-way. The rights granted to the Franchisee herein do not preclude the County of Mason, its employees, contractors, subcontractors, and agents from blasting, grading, excavating, or doing other necessary road work contiguous to Franchisee's utility facilities; providing that, the Franchisee shall be given a minimum of forty-eight (48) hours notice of said blasting or other work in order that the Franchisee may protect its utility facilities. C. In the event of an emergency, or where the utility facility creates or is contributing to an imminent danger to health, safety, or property, the County may protect, support, temporarily disconnect,remove,or relocate any or all parts of the utility facility without prior notice,and charge the Franchisee for costs incurred. D. If any Person that is authorized to place facilities in the road right of way requests the Franchisee to protect, support,temporarily disconnect,remove, or relocate the Franchisee's utility facilities to accommodate the construction,operation,or repair of the facilities of such other person, the Franchisee shall,after 3 0 days'advance written notice,take action to effect the necessary changes requested;provided that,if such project is related to or competes with Franchisee's service,or if the effect of such changes would be to permanently deprive Franchisee of the beneficial enjoyment of this franchise for its intended purposes through interference with the operation of Franchisee's utility facilities or otherwise, Franchisee shall not be required to relocate its utility facilities. Unless the matter is governed by a valid contract or a state or federal law or regulation, or unless the Franchisee's utility facilities were not properly installed, the reasonable cost of the same shall be borne by the Person requesting the protection, support, temporary disconnection, removal, or relocation at no charge to the County, even if the County makes the request for such action. 7 E. The Franchisee shall, on the request of any person holding a valid permit issued by a governmental authority, temporarily raise or lower its wires to permit the moving of buildings or other objects. The expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting the same. The County of Mason will accept liability for direct and actual damages to said Franchisee that are the result of the negligence of Mason County, its trustees, officers, employees, contractors, subcontractors or agents while performing County improvement or Public Works projects enumerated in the original franchise agreement under Section VIII,paragraph B. Direct and actual damages are specifically limited to physical damage to properly installed and located infrastructure of the Franchisee and the cost to repair such physical damage. Mason County retains the right to assert all applicable defenses in the event of a dispute including contributory negligence on the part of the Franchisee. Mason County shall in no way be liable for incidental damages claimed to arise from such actions. All Work to be performed by the Franchisee under this section shall pass the inspection of the County Engineer. The Franchisee shall pay all costs of and expenses incurred in the examination, inspection and approval of such work. IX. PRESERVATION OF MONUMENTS/MARKERS Before any work is performed under this franchise which may affect any existing monuments or markers of any nature relating to subdivisions,plats,roads and all other surveys,the Franchisee shall reference all such monuments and markers. The reference points shall be so located that they will not be disturbed during the Franchisee's operations under this franchise. The method of referencing these monuments or other points to be referenced shall be approved by the County Engineer. The replacement of all such monuments or markers disturbed during construction shall be made as expeditiously as conditions permit,and as directed by the County Engineer. The cost of monuments or other markers lost, destroyed, or disturbed, and the expense of replacement by approved monuments shall be borne by the Franchisee. A complete set of reference notes for monument and other ties shall be filed with the office of the Mason County Engineer. X. VACATION OF ROAD RIGHT-OF-WAY If at any time the County shall vacate any County road,right-of-way or other County property which is subject to rights granted by this franchise and said vacation shall be for the purpose of acquiring the fee or other property interest in said road, right-of-way or other county property for the use of Mason County,in either its proprietary or governmental capacity,then the Board of Mason County Commissioners may, at its option, and by giving thirty (30) days written notice to the Franchisee, terminate this franchise with reference to such county road,right-of-way or other county property so vacated, and the County of Mason shall not be liable for any damages or loss to the Franchisee by reason of such termination. It has been the practice of Mason County to reserve easements for 8 utilities at the time of road vacation,and will continue to be the practice until such time the Board of Mason County Commissioners direct a change of practice. XI. FINANCIAL SECURITY A. Insurance Except as otherwise provided herein,Franchisee shall maintain for itself and the County,throughout the entire period any part of Franchisee's utility facilities are located in the Franchise Area, adequate insurance to protect the Parties and their elected and appointed officers, agents, employees against all of County's and Franchisee's liability arising out of Franchisee's use and occupancy of the Franchise Area or any part thereof. This obligation shall require the Franchisee to maintain insurance at least in the following amounts: 1. COMMERCIAL GENERAL LIABILITY insurance to cover liability, bodily injury, and property damage. The Commercial General Liability insurance shall be written on an occurrence basis, with an aggregate limit location endorsement for the Franchise Area, and shall provide coverage for any and all costs, including defense costs, and losses and damages resulting from personal injury, bodily injury and death, property damage, products liability and completed operations. Such insurance shall include blanket contractual coverage, including coverage for the Franchise as now or hereafter amended and specific coverage for the indemnity provisions set forth herein. Coverage must be written with the following limits of liability: Bodily and Personal Injury&Property Damage $ 1,000,000 per Occurrence $ 2,000,000 aggregate 2 WORKERS' COMPENSATION insurance shall be maintained to comply with statutory limits for all employees,and in the case any work is sublet,the Franchisee shall require its contractors and subcontractors similarly to provide workers' compensation insurance for all the employees. The Franchisee shall also maintain, during the life of this policy, employer's liability insurance;provided that this obligation shall not apply to any time period during which Franchisee has no employees. The following minimum limits must be maintained: Workers' Compensation Statutory Employer's Liability $ 1,000,000 each occurrence 3.COMPREHENSIVE AUTO LIABILITY insurance shall include owned,hired,and non-owned vehicles operated by Franchisee employees on an occurrence basis with coverage of at least$2,000,000 per occurrence. If the Franchisee, its contractors, or subcontractors do not have the required insurance,the County may require such entities to stop operations until the insurance is obtained and approved. Certificates of Insurance reflecting evidence of the required insurance and approved by the County's 9 Risk Manager for the GENERAL LIABILITY policies described above,shall be sent to the County's risk manager. The certificate shall be filed with the acceptance of the franchise, and annually thereafter, and as provided below. All coverage shall be listed all on one certificate with the same expiration dates. The certificates shall contain a provision that coverages afforded under these policies will not be canceled until at least 30 days'prior written notice has been given to the County. In the event that the insurance certificate provided indicates that the insurance shall terminate or lapse during the period of the franchise,then, in that event,the Franchisee shall furnish,at least 30 days prior to the expiration of the date of such insurance,a renewed certificate of insurance as proof that equal and like coverage has been or will be obtained prior to any such lapse or termination during the balance of the period of the franchise. The County reserves the right, during the term of the franchise, to require any other insurance coverage or adjust the policy limits as it deems reasonably necessary utilizing sound risk management practices and principals based upon the loss exposures. Each insurance policy required pursuant to this franchise shall be primary and non-contributing as respects any coverage maintained by the County and shall include an endorsement reflecting the same. Any other coverage maintained by County shall be excess of this coverage herein defined as primary and shall not contribute with it. The certificate of insurance must reflect that the above wording is included in all such policies. Each insurance policy obtained pursuant to this franchise shall be issued by financially sound insurers who may lawfully do business in the State of Washington with a financial rating at all times during coverage of no less than rating of"A" and a class of"X" or better in the latest edition of "Best's Key Rating Guide"published by A.M.Best Company,or such other financial rating or rating guide approved in writing by the County's risk manager. In the event that at any time during coverage,the insurer does not meet the foregoing standards,Franchisee shall give prompt notice to the County and shall seek coverage from an insurer that meets the foregoing standards. The County reserves the right to change the rating or the rating guide depending upon the changed risks or availability of other suitable and reliable rating guides. Comprehensive general liability insurance policies and coverage obtained pursuant to this franchise shall include an endorsement(standard ISO form CG 24-17) deleting all exclusions for work or incidents occurring within any distance from a railroad track or railroad property, or on, over, or under a railroad track. Insurance policies required pursuant to this franchise shall have no non-standard exclusions unless approved of by the County Risk Manager or designee. Commercial general liability insurance policies obtained pursuant to this franchise shall name the 10 County as an additional insured without limitation,pursuant to an endorsement approved of by the County's Risk Manager or designee. Franchisee and Franchisee's Contractors' insurers, through policy endorsement, shall waive their rights of subrogation against the County for all claims and suits. The certificate of insurance must reflect this waiver of subrogation rights endorsement. Commercial General Liability Insurance policies and coverage required herein of public utility operators may include a reasonable deductible or self-insured retention;provided,however,that as to any Loss or Damage covered as provided herein, if Franchisee elects to include any deductible or self-insured retention,Franchisee shall itself directly cover,in lieu of insurance,any and all County liabilities that would otherwise in accordance with the provisions of this Franchise be covered by Franchisee's insurance if Franchisee elected not to include a deductible or self-insured retention. Such direct coverage by Franchisee shall be in an amount equal to the amount of Franchisee's actual deductible or self-insured retention. Franchisee shall be required to provide a certification of self- insurance retention to the county in a form and content acceptable to the county engineer. B. Performance/Payment Bond. At the same time Franchisee provides its acceptance of this Franchise, the Franchisee shall, if required by the County Engineer, provide a performance and payment bond to ensure the full and faithful performance of all of its responsibilities under this franchise and applicable rules, regulations and ordinances, including, by way of example, but not limited to,its obligations to relocate and remove its utility facilities,to restore the road rights-of-way and other property when damaged or disturbed, and to reimburse the County for its costs. The amount of the performance and payment bond shall be for ZERO ($0). The amount of the bond,or cash deposit as described below, may be adjusted by the County every five years from the date of execution of this franchise,to take into account cumulative inflation or increased risks to the County. The Franchisee may be required to obtain additional bonds in accordance with the County's ordinary practices. The bond shall be in a form with terms and conditions acceptable to the County and reviewed and approved by the County Engineer. The bond shall be with a surety with a rating no less than "A X" in the latest edition of"Bests Key Rating Guide," published by A.M. Best Guide. The Franchisee shall pay all premiums or costs associated with maintaining the bond,and shall keep the same in full force and effect at all times.If Franchisee fails to provide or maintain the bond,then the County,in its sole discretion,may require Franchisee to substitute an equivalent cash deposit as described below in lieu of the bond. Franchisee, may at its election or upon order by the County, substitute an equivalent cash deposit instead of a performance and payment bond. This cash deposit shall ensure the full and faithful performance of all of Franchisee's responsibilities hereto under this Permit and all applicable laws, rules, regulations or ordinances. This includes, but is not limited to, its obligations to relocate or remove its facilities, restore the road rights-of-way and other property to their original condition, reimbursing the County for its costs, and keeping Franchisee's insurance in full force. The County shall notify Franchisee in writing, by certified mail, of any default and shall give 11 Franchisee thirty(3 0)days from the date of such notice to cure any such default. In the event that the Franchisee fails to cure such default to the satisfaction of the County,the County may,at its option, forfeit the entire amount of the cash deposit or draw upon the cash deposit up to the amount of the County's costs incurred to cure Franchisee's default. Upon the County's cure of Franchisee's default,the County shall notify Franchisee in writing of such cure. In the event that the County draws upon the cash deposit or forfeits the same, Franchisee shall thereupon replenish the cash deposit to the full amount as specified herein or provide a replacement performance and payment bond. Before any Work commences in the road right-of-way,the County Engineer may require the operator to provide a performance and payment bond for each separate project in an amount to be determined by the County Engineer, but not less than five hundred dollars, written by a surety company acceptable to the County Risk Manager and authorized to do business in the state of Washington. The purpose of the bond is to insure completion of construction, including the restoration of surfacing,slopes,slope treatment,topsoil,landscape treatment,and drainage facilities,and cleanup of rights-of-way, and payment of costs incurred by the County to enforce the requirements of this Chapter. The performance and payment bond shall be in place for a period ending not more than one year after the date of completion. A project specific performance bond shall not be required in the event that the franchisee has in place a blanket performance bond and, when required, a payment bond, maintained pursuant to the requirements of this franchise. A performance and payment bond for work in the road right-of-way will not be required of the United States Government or any of its agencies or of any municipal corporation or department of the state of Washington and its local subdivisions. C. Limitation of Liability. To the fullest extent permitted by law,the Franchisee shall,and shall cause its contractor(s) to release, indemnify, defend and hold harmless the county and the county's legal representatives, officer(elected or), appointed) employees and agents(collectively, "indemnitees") for, from and against any and all claims, liabilities, fines,penalties, cost, damages, losses, liens, causes of action, suits, demands, judgments and expenses (including, without limitations, court costs, attorneys' fees and costs of investigation, removal and remediation and governmental oversight costs),Environmental or otherwise(collectively"liabilities")of any nature, kind, or description, of any person or entity, directly or indirectly, arising out of,resulting from, or related to (in whole or in part): 1. this franchise; 2. any rights or interests granted pursuant to this franchise; 3. franchisee's occupation and use of the road right of way; 12 4. franchisee's operation of its utility facilities; 5. the presence of utility facilities within the right of way; 6. the environmental condition and status of the road right-of-way caused by, aggravated by, or contributed to, in whole or in part, by franchisee or its agents; or 7. The acts,errors,or omissions of third parties when arising out of the installation, construction,adjustment,relocation,replacement,removal,or maintenance of such third party utility facilities within the road rights-of-way when such work is performed under authority of the operator's utility permit or at the direction or under the control of the operator; or 8. any act or omission of franchisee or franchisee's agents; The only liabilities with respect to which franchisee's obligation to indemnify the indemnitees do not apply are liabilities to the extent arising out of, caused by or resulting from the negligence of the county, its officers, agents, employees or contractors and liabilities that by law the indemnities cannon be indemnified for. Upon written notice from the county,franchisee agrees to assume the defense of any lawsuit or other proceeding brought against any indemnitee by any entity, relating to any matter covered by this franchise for which franchisee has an obligation to assume liability for and/or save and hold harmless any indemnitee.Franchisee shall pay all cost incident to such defense,including,but not limited to, attorneys' fees,investigators' fees,litigation and appeal expenses,settlement payments and amounts paid in satisfaction of judgments. Franchisee will fully satisfy said judgment within ninety(90)days after said suit or action shall have finally been determined if determined adversely to Mason County. Upon the Franchisee's failure to satisfy said judgment within the ninety (90) day period, this franchise shall at once cease and terminate. Acceptance by the County of any Work performed by the Franchisee at the time of completion shall not be grounds for avoidance of this covenant. XII. FRANCHISE NONEXCLUSIVE This franchise shall not be deemed to be an exclusive franchise. It shall in no manner prohibit the County of Mason from granting other utilities under,along,across,over and upon any of the County roads,rights-of-way or other County property subject to this franchise and shall in no way prevent or prohibit the County of Mason from constructing, altering, maintaining or using any of said roads, rights-of-way,drainage structures or facilities,irrigation structures or facilities,or any other county property or affect its jurisdiction over them or any part of them with full power to make all necessary changes,relocations, repairs,maintenance, etc.,the same as the county may deem fit. 13 XIII. SUCCESSORS AND ASSIGNS All the provisions,conditions,regulations and requirements herein contained shall be binding upon the successors and assigns of the Franchisee,and all privileges,as well as all obligations and liability of the Franchisee, shall ensure to its successors and assigns equally as if they were specifically mentioned wherever the Franchisee is mentioned. Any reference in this franchise to a specifically named party shall be deemed to apply to any successor, heir, administrator, executor or assign of such parry who has acquired its interest in compliance with the terms of this franchise,or under law. XIV. TRANSFER/ASSIGNMENT Franchisee may assign or transfer this franchise after prior written notice to County of Mason and assignee's written commitment,in a form and content approved by the County Prosecutor,delivered to County of Mason,that assignees shall thereafter be responsible for all obligations of Franchisee with respect to the franchise and guaranteeing performance under the terms and conditions of the franchise and that transferee will be bound by all the conditions of the franchise and will assume all the obligations of its predecessor. Such an assignment shall relieve the Franchisee of any further obligations under the franchise, including any obligations not fulfilled by Franchisee's assignee; provided that,the assignment shall not in any respect relieve the Franchisee,or any of its successors in interest,of responsibility for acts or omissions,known or unknown,or the consequences thereof, which acts or omissions occur prior to the time of the assignment. No franchise or master road use permit may be assigned or transferred without filing or establishing with the county the insurance certificates and performance bond as required pursuant to this franchise. XV. ANNEXATION Whenever any of the County roads, rights-of-way or other county property as designated in this franchise,by reason of the subsequent incorporation of any town or city,or extension of the limits of any town or city, shall fall within the city or town limits and shall by operation of law or otherwise terminate in respect to the said roads,rights-of-way or other county property so included with city or town limits; this franchise shall continue in force and effect to all county roads, rights-of-way or other county property not so included in city or town limits. XVI. REVOCATION/REMEDIES A. Revocation. In addition the right to revoke this franchise as set forth in Title 12 of the Mason County Code, if the Franchisee shall willfully violate, or fail to comply with any of the provisions of this franchise through willful or unreasonable neglect or fail to heed or comply with any notice given the Franchisee under the provision of this grant, then Franchisee shall forfeit all rights conferred hereunder and this franchise may be revoked or annulled,after a public hearing by the Board of County Commissioners. The Franchisee shall not be relieved of any of its obligations to comply promptly with any provision of this franchise by reason of any failure of the County to enforce prompt compliance,and the County's failure to enforce shall not constitute a waiver of rights 14 or acquiescence in the Licensee's conduct. Subject to the required consent, adjudication, permission or authorization of a federal or state regulatory agency with jurisdiction over the subject matter, upon revocation of the franchise, the County may require the Franchisee to remove its utility facilities from any road rights-of-way, and restore such road right-of-way to its same or better condition as existed just prior to such removal,or de-commission and abandon such utility facilities in place in whole or in part and in a manner approved by the County Board of Commissioners. If the Franchisee fails to remove utility facilities that the County requires it to remove,the County may perform the work and collect the cost thereof from the Franchisee. The actual cost thereof,including direct and indirect administrative costs,shall be a lien upon all utility facilities of the Franchisee within the franchise Area effective upon filing of the lien with the Mason County Auditor. B. Remedies. The County has the right to exercise any and all of the following remedies, singly or in combination,in the event of Default. "Default"shall mean any failure of Franchisee or its agents to keep,observe,or perform any of Franchisee's or its agent's duties or obligations under this franchise: 1. Damages. Franchisee shall be liable for any and all damages incurred by County. 2. Specific Performance. County shall be entitled to specific performance of each and every obligation of Franchisee under this franchise without any requirement to prove or establish that County does not have an adequate remedy at law. Franchisee hereby waives the requirement of any such proof and acknowledges that County would not have an adequate remedy at law for Franchisee's commission of an Event of Default hereunder. 3. Injunction. County shall be entitled to restrain, by injunction, the actual or threatened commission or attempt of an Event of Default and to obtain a judgment or order specifically prohibiting a violation or breach of this Agreement without, in either case, being required to prove or establish that County does not have an adequate remedy at law. Franchisee hereby waives the requirement of any such proof and acknowledges that County would not have an adequate remedy at law for Franchisee's commission of an Event of Default hereunder. 4. Alternative Remedies. Neither the existence of other remedies identified in this franchise nor the exercise thereof shall be deemed to bar or otherwise limit the right of the County to commence an action for equitable or other relief, and/or proceed against Franchisee and any guarantor for all direct monetary damages, costs and expenses arising from the Default and to recover all such damages, costs and expenses, including reasonable attorneys' fees. Remedies are cumulative; the exercise of one shall not foreclose the exercise of others. XVII. SUBSEQUENT ACTION In the event that after this franchise becomes effective, (a) there is a change in the law which 15 broadens the authority of the County of Mason or the Franchisee with respect to any act permitted or authorized under this franchise; or (b)the County of Mason or the Franchisee believe that amendments to this franchise are necessary or appropriate, then the County of Mason and the Franchisee agree to enter into good faith negotiations to amend this franchise so as to enable the Parties to address, in a manner reasonably acceptable to all Parties, such change or other development which formed the basis for the negotiations. The Parties recognize that the purpose of the negotiations would be to preserve, to the maximum extent consistent with law, the scope and purpose of this franchise. Mason County reserves for itself the right at any time upon ninety (90) days written notice to the Franchisee, to so change, amend, modify or amplify any of the provisions or conditions herein enumerated to conform to any state statute or county regulation,relating to the public welfare,health, safety or highway regulation,as may hereafter be enacted,adopted or promulgated and this franchise may be terminated at such time a public hearing is held by the Board of County Commissioners,and the Franchisee's utility facilities are found not to be operated or maintained in accordance with such statute or regulation. XVIII. ACCEPTANCE Franchisee shall execute and return to the County of Mason a signed acceptance of the franchise granted hereunder. The acceptance shall be in the form of the acceptance attached hereto as Exhibit "A", and in accepting the franchise, Franchisee warrants that it has carefully read the terms and conditions of this franchise and accepts all of the terms and conditions of this franchise and agrees to abide by the same and acknowledges that it has relied upon its own investigation of all relevant facts, that it has had the assistance of counsel, that it was not induced to accept a franchise, that this franchise represents the entire agreement between the Franchisee and the County of Mason. In the event the Franchisee fails to submit the countersigned ordinance and acceptance as provided for herein within the time limits set forth in this section,the grant herein is and shall become null and void. XIX. MISCELLANEOUS PROVISIONS A. Controlling Law/Venue. Any disputes concerning the application or interpretation of any of the provisions of this franchise shall be governed by the laws of the State of Washington. Venue of any action or arbitration brought under this franchise shall be in Mason County,Washington or the Western District of Washington if an action is brought in federal court, provided, however, that venue of such action is legally proper. B. Liens. Franchisee shall promptly pay and discharge any and all liens arising out of any Work done, suffered or permitted to be done by Franchisee on any Franchise Area. C. Waiver. No waiver by either party of any provision of this franchise shall in any way impair the right of such parry to enforce that provision for any subsequent breach, or County of 16 Mason's right to enforce all other provisions of this franchise. D. Attorney's Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this franchise, the substantially prevailing Party or Parties shall be entitled to reasonable attorney's fees,costs and necessary disbursements in addition to any other relief to which such Party or Parties may be entitled. E. Amendment. This franchise may be amended only by a written contract signed by authorized representatives of Franchisee and County of Mason. F. Severability. If any provision of this franchise is held to be illegal, invalid or unenforceable under present or future laws,such provision will be fully severable and this franchise will be construed and enforced as if such illegal, invalid or unenforceable provision is not a part hereof,and the remaining provisions hereof will remain in full force and effect. In lieu of any illegal, invalid or unenforceable provision herein, there will be added automatically as a part of this franchise; a provision as similar in its terms to such illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable. G. Joint and Several Liability. Franchisee acknowledges that, in any case in which Franchisee and Franchisee's Contractors are responsible under the terms of this franchise, such responsibility is joint and several as between Franchisee and any such Franchisee's Contractors; provided that,the Franchisee is not prohibited from allocating such liability as a matter of contract. H. Notices. Any notice contemplated, required, or permitted to be given under this franchise shall be sufficient if it is in writing and is sent either by: (a) registered or certified mail, return receipt requested; or(b)a nationally recognized overnight mail delivery service,to the Parry and at the address specified below, except as such Party and address may be changed by providing notice to the other Party no less than thirty (30) days' advance written notice of such change in address. Franchisee: Attn: Grantor: County of Mason Public Works 100 Public Works Drive Shelton, WA 98584 I. Approvals. Nothing in this franchise shall be deemed to impose any duty or obligation upon the County of Mason to determine the adequacy or sufficiency of Franchisee's plans and specifications or to ascertain whether Franchisee's proposed or actual construction, testing, 17 maintenance,repairs,replacement,relocation,adjustment or removal is adequate or sufficient or in conformance with the plans and specifications reviewed by the County of Mason. No approval given, inspection made,review or supervision performed by the County of Mason pursuant to this franchise shall constitute or be construed as a representation or warranty express or implied by County of Mason that such item approved, inspected, or supervised, complies with laws, rules regulations or ordinances or this franchise or meets any particular standard,code or requirement,or is in conformance with the plans and specifications,and no liability shall attach with respect thereto. County and inspections as provided herein, are for the sole purpose of protecting the County of Mason's rights as the owner or manager of the road rights-of-way and shall not constitute any representation or warranty,express or implied,as to the adequacy of the design,construction,repair, or maintenance of the utility facilities, suitability of the Franchise Area for construction, maintenance,or repair of the utility facilities,or any obligation on the part of the County of Mason to insure that work or materials are in compliance with any requirements imposed by a governmental entity. County of Mason is under no obligation or duty to supervise the design, construction, installation, relocation, adjustment, realignment, maintenance, repair, or operation of the utility facilities. J. Force Majeure. Neither Parry hereto shall be liable to the other Parry for any failure to perform an obligation set forth herein to the extent such failure is caused by war,act of terrorism or an act of God, provided that such Party has made and is making all reasonable efforts to perform such obligation and minimize any and all resulting loss or damage. K. Construction. All pronouns and any variations thereof shall be deemed to refer to the masculine,feminine or neuter, singular or plural, as the identity of the Party or Parties may require. The provisions of this franchise shall be construed as a whole according to their common meaning, except where specifically defined herein,not strictly for or against any party and consistent with the provisions contained herein in order to achieve the objectives and purposes of this franchise. L. Incorporation by Reference. All exhibits annexed hereto at the time of execution of this franchise or in the future as contemplated herein, are hereby incorporated by reference as though fully set forth herein. M. Calculation of Time. All periods of time referred to herein shall include Saturdays, Sundays,and legal holidays in the State of Washington,except that if the last day of any period falls on any Saturday, Sunday,or legal holiday in the State of Washington,the period shall be extended to include the next day which is not a Saturday, Sunday, or legal holiday in the State of Washington. N. Entire Agreement. This franchise is the full and complete agreement of County of Mason and Franchisee with respect to all matters covered herein and all matters related to the use of the Franchise Area by Franchisee and Franchisee's Contractors,and this franchise supersedes any and all other agreements of the Parties hereto with respect to all such matters,including,without limitation, all agreements evidencing the franchise. 18 O. No Recourse. Without limiting such immunities as the County or other persons may have under applicable law,Franchisee shall have no monetary recourse whatsoever against the County or its officials, boards, commissions, agents, or employees for any loss or damage arising out of the County's exercising its authority pursuant to this Franchise or other applicable law. P. Responsibility for Costs. Except as expressly provided otherwise,any act that Franchisee is required to perform under this franchise shall be performed at its cost. If Franchisee fails to perform work that it is required to perform within the time provided for performance, the County may perform the work and bill the Franchisee. The Franchisee shall pay the amounts billed within 30 days. Q. Work of Contractors and Subcontractors. Work by contractors and subcontractors is subject to the same restrictions, limitations, and conditions as if the work was performed by the Franchisee. The Franchisee shall be responsible for all work.performed by its contractors and subcontractors,and others performing work on its behalf,under its control,or under authority of its utility permit,as if the work were performed by it and shall ensure that all such work is performed in compliance with this franchise, Title 12 MCC, the Manual and other applicable law, and shall be jointly and severally liable for all damages and correcting all damage caused by them. It is the Franchisee's responsibility to ensure that contractors, subcontractors, or other Persons performing work on the Franchisee's behalf are familiar with the requirements of the franchise,Title 12 MCC, the Manual, and other applicable laws governing the work performed by them. R. Survival of Terms. Upon the expiration, termination, revocation or forfeiture of the franchise,the Franchisee shall no longer have the right to occupy the franchise area for the purpose of providing services authorized herein. However,the Franchisee's obligations under this franchise to the County shall survive the expiration, termination, revocation or forfeiture of these rights according to its terms for so long as the Franchisee's utility facilities shall remain in whole or in part in the road rights of way. By way of illustration and not limitation, Franchisee's obligations to indemnify, defend and hold harmless the County, provide insurance and a performance/payment bond pursuant to Section XI and Franchisee's obligation to relocate its utility facilities pursuant to Section VIII, shall continue in effect as to the Franchisee, notwithstanding any expiration, termination, revocation or forfeiture of the franchise, except to the extent that a County-approved transfer, sale, or assignment of the utility system is completed, and another entity has assumed full and complete responsibility for the utility system or for the relevant acts or omissions. S. Warranties. By acceptance of this franchise, Franchisee warrants: 1. That Franchisee has full right and authority to enter into and perform this Franchise in accordance with the terms hereof, and by entering into or performing this Franchise, Franchisee is not in violation of its charter or by-laws,or any law,regulation,or agreement by which it is bound or to which it is subject; and 2. That the execution,delivery,and performance of this Franchise by Franchisee has been duly authorized by all requisite Board/Commission action, that the signatories for Franchisee of the 19 acceptance hereof are authorized to sign this Franchise, and that the joinder or consent of any other parry, including a court, trustee, or referee, is not necessary to make valid and effective the execution, delivery, and performance of this Franchise and acceptance. DATED at Shelton, Washington this day of 20_. BOARD OF COMMISSIONERS APPROVED: MASON COUNTY, WASHINGTON County Engineer Chair Approve as to form: Vice Chair Chief D.P.A. Commissioner 20 Exhibit A ACCEPTANCE OF FRANCHISE Ordinance No. 115-06, effective November 14, 2006. I, , am the of and am the authorized representative to accept the above-referenced franchise on behalf of I certify that this franchise and all terms and conditions thereof are accepted by , without qualification or reservation. DATED this day of , 20 FRANCHISEE By: Its: Tax Id.No. STATE OF ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me,and said person acknowledged that he/she signed this instrument,on oath stated that he/she was authorized to execute the instrument and acknowledged it as the of the to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Notary Public Print Name My commission expires A EXHIBIT B Description of Franchise Area B RECORDED AT THE REQUEST OF AND AFTER RECORDING RETURN TO: County of Mason 100 West Public Works Drive Shelton WA 98584 Attn: County Engineer Grantor: COUNTY OF MASON, a legal subdivision of the state of Washington Grantee: Legal Description of Benefited Property Legal Description: Assessor's Tax Parcel ID#: Aquarius Utilities, LLC EXHIBIT B. Miscrippoad-#' Luse 1Yea:: tri' Section 3 T. nge., 2 Wit -ow , hR nqOp Ma' -6h ' buny,. .. Lynch pp 1.x.4�j 1.5 synch;. BW 8 `43'� POP.t-ds p. Bk� Govt4 pp 42 Subdcvts�o :bk- -A, Rom.pindet of Ed!A' hatf of 5PPVOn lying. t�liss�on Creek. In 'Section3-,!-'*: To-w; sh p3 !ARang 'g"-e I W, R 96q ounby, WA, Beard's v. Pp Rern--bd ricler Qf West haIf f se6 -3 except Pe Island Shores Water, LLC -�xHrBrT� • Island:Shores; N >'. T ,x s' f U r*iS yP gE't OUt1CF . t i r = 1 £ z hY S { ' z � H { 1 b � A Detroit Water Service Association EXHBTB aescripti;on of Franchi e Area D,. r :.i G. .m. fil , i ,.� o.r_ ECO NT ®. Q , M 7 a r x i ltt 1 f `�J f r i Oak Park Water Company, LLC EXHIBIT48i P..". of Ff000hi$e Area Oak'*P-"-:Park ............. NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold two public hearings at the Mason County Courthouse Building I, Commission Chambers, 411 North Fifth Street, Shelton, WA 98584 on Tuesday,April 7,2020 at 9:15am. SAID HEARING will be to consider multiple water Franchise Permit applications between Mason County and Aquarius Utilities,LLC, Island Shores Water, LLC, Detroit Water Service Association and Oak Park Water Company, LLC. If special accommodations are needed,please contact the Commissioners' office, (360) 427-9670 (Shelton), (360) 482-5269 (Elma) or (360) 275-4467 (Belfair), Ext. 419 or any questions contact Terry Conley, 360-427-9670,Ext.450. DATED this day of March,2020. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON Melissa Drewry, Clerk of the Board Cc: Auditor Clerk of the Board Public Works Listed Water Districts Journal - Publ 2t: 3/19/20 & 3/26/20 (not less than 5 days prior to hearing) Post: 3 public places 15 days before hearing—No later than 3/23/20 (Bill Public Works— 100 W Public Works Drive, Shelton, WA 985 84) 1\ MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: David Windom DEPARTMENT: MCCS EXT: 260 BRIEFING DATE: 2 March 2020 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information N/A INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal ❑ Other— please explain ITEM: Changes to outdoor burning regulations EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): Makes changes to outdoor burning regulations as outlined in Chapter 9.48 - OUTDOOR BURNING PROGRAM BUDGET IMPACT: None PUBLIC OUTREACH:(Include any legal requirements,direct notice,website,community meetings,etc.) RECOMMENDED OR REQUESTED ACTION: Place on the action agenda ATTACHMENTS: Chapter 9.48 - OUTDOOR BURNING PROGRAM Briefing Summary 2/26/2020 Chapter 9.48-OUTDOOR BURNING PROGRAM Sections: 9.48.010-Established. An outdoor burning program has been established in Mason County as set out in this chapter.Open fires are not allowed in the Urban Growth Areas. (Res.4-95(part),1995). 9.48.020-Basis for permitting outdoor burning. All open fires are permitted either by a written permit or under a general rule burn program. (Res.4-95§ 1, 1995). 9.48.030-Written permits. (a) Written permits may be issued by designated Mason County offices or fire protection districts. (b) Written permits will only be issued for: (1) Land clearing fires(larger than four feet in diameter)consisting of natural vegetation resulting from land clearing projects;and (2) Permits will not be issued for the burning of prohibited materials;and (3) The duration of a written permit shall not exceed ene six months;and (4) Mason County offices will issue ne fee land clearing open burning permits in those fire districts not issuing their own permits;and (5) Land clearing permits can also be issued by those Mason County fire districts that choose to do so.Fire districts are allowed to charge a fee for the issuance of burning permits;and (6) Written permits will not be required for residential yard debris fires. '-'- Formatted:Normal (Res.4-95§§2,3, 1995). 9.48.040-Residential yard debris burning. (a) Residential yard debris burning from Oct 15P to May 15th,-_fires no larger than fGUF-ten in_ Formatted:Superscript diameter and burn barrels will be allowed under a general rule burn program. Burn barrels will be used for yard debris only, garbage and other solid wastes are not allowed.Under this concept, property owners will have a total of fourteen days during each calendar year to burn residential yard debris. (b) Property owners can pick the specific fourteen days to burn, as long as the total, in any calendar year,does not exceed fourteen days. (c) No fees will be charged for residential yard debris burning and a written permit is not required. However,the person in charge of the fire must have a copy of the Guidelines For Outdoor Fires In Mason County in hand at the fire location. MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Alex Paysse DEPARTMENT: Community Services, EXT: 279 Environmental Health BRIEFING DATE: 3/2/2020 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEM: Professional Services Contract w/ Hood Canal Coordinating Council EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): Mason County has again partnered with the Hood Canal Coordinating Council in a regional Pollution Identification and Correction (PIC) project in the Hood Canal (HCRPIC). HCCC was successful in securing NEP grant funding with DOH for Phase 4 of this workplan. This latest contract is for the Mason County portion of the approved scope of work. Other partners on this project include; Kitsap County Health District, Jefferson County Public Health, Salmon Enhancement Group, and Skokomish Tribe. All partners working together with a common goal of improving water quality and commercial shellfish harvest opportunities within Hood Canal. This Phase of the project will be focused on implementing the Annas Bay response plan (approved by commission in Oct. 2018) and follow up to problem areas identified in previous phases. PUBLIC OUTREACH: (Include any legal requirements, direct notice, website, community meetings, etc.) Skokomish Watershed Action Team (SWAT) meeting, Annas Bay community outreach workshop, previous phase results available at www.hccc.wa.gov BUDGET IMPACTS: None. Included in current budget. RECOMMENDED OR REQUESTED ACTION: Approval to add contract on March 10th Action Agenda. ATTACHMENTS: Proposed contract with HCCC. Briefing Summary 2/24/2020 �oRn��A,y O n o HCCC CO 0 PROFESSIONAL SERVICES CONTRACT AGREEMENT BETWEEN HOOD CANAL COORDINATING COUNCIL AND MASON COUNTY PUBLIC HEALTH THIS AGREEMENT is a subaward and is between Hood Canal Coordinating Council (HCCC), located at 17791 Fjord Drive, NE, Suite 118, Poulsbo, WA 98370, and Mason County Public Health (Consultant), with an address of 411 North 5th Street, Shelton, WA 98584, and is made effective as of the date signed below by HCCC. HCCC and Consultant are also referred to as the "Parties" and each as a "Party." The Parties to this Agreement agree as follows: 1) DEFINITIONS. -- For purposes of this Agreement, the term— a) "Hood Canal Coordinating Council" means Hood Canal Coordinating Council, also referred to as HCCC, a Washington Corporation, and its members, directors, officers, employees and agents; b) "Consultant" means the Consultant and its directors, officers, employees, agents and subcontractors; and c) "Contract Representative" means the person designated below and incorporated by reference, to serve as representative of HCCC and the Consultant for purposes of administration of this Agreement. 2) SERVICES TO BE PERFORMED AND DELIVERABLES. --The Consultant agrees to provide services to HCCC, in accordance with applicable professional standards, as described in Exhibit A and the Funding Source Programmatic Conditions (if any), as described in Exhibit A. No work shall commence under this Agreement until it is fully executed by both Parties. 3) COMPENSATION. -- a) Except as provided herein, HCCC agrees to pay Consultant on a monthly basis following receipt of an invoice documenting services rendered and costs incurred, in a manner and amount stipulated in Exhibit A. b) Consultant shall submit the final invoice, or any claims for payments not already made, no later than 30 days from the expiration or termination of the agreement, or as otherwise stated in Exhibit A. HCCC Contract Agreement Page 1 i) HCCC may, at its sole discretion, retain up to 10 percent of the amount otherwise due and owing under each invoice until Consultant completes all work described in Exhibit A, or otherwise authorized by HCCC. HCCC shall notify Consultant of the amount retained and deposit the retained amount in an interest-bearing account. HCCC shall release the amount retained, together with earned interest, not later than 30 days after receipt of a final invoice and acceptance of HCCC of all work authorized. ii) HCCC may, at its sole discretion, retain an amount otherwise due and owing under each invoice until Consultant provides HCCC with evidence that the Consultant has paid industrial insurance premiums for its employees and/or is in compliance with state industrial insurance requirements. c) Allowable Costs.— i) Travel Expenses. -- HCCC agrees to reimburse Consultant up to the amount stipulated in Exhibit A for travel expenses (including per diem) from Consultant's home or principal place of business to meeting sites. HCCC shall reimburse Consultant for travel expenses in accordance with federal travel regulations. Payment for expenses over the category amount will not be honored without prior approval of HCCC's Contract Representative. International travel requires advance pre-approval. ii) Other Expenses. -- HCCC agrees to reimburse Consultant for miscellaneous expenses specified in Exhibit A, provided those costs are allowable under the Federal Cost Principles set forth in the OMB Uniform Guidance, 2 CFR Part 200. Any request over the category amount will not be honored without prior approval by HCCC's Contract Representative. d) Unallowable Costs. -- i) Management fees or similar charges in excess of the direct costs are not allowable. ii) If Consultant expends more than the amount of its approved budget in anticipation of receiving additional funds, it does so at its own risk. HCCC is not legally obligated to reimburse Consultant for costs incurred in excess of the approved budget. e) Invoice. -- Consultant's invoice shall indicate dates of service, a description of work performed, and time spent on that date in providing service under this Agreement. The invoice shall include travel claims for travel expenses incurred by Consultant in connection with performance under this Agreement. The invoice shall provide a progress report describing all activities accomplished for the period being invoiced. HCCC Contract Agreement Page 2 i) Invoices should be sent to the Accountant at the HCCC address listed below via U.S. Postal Service or email (not both). ii) Invoices must be submitted by a representative of the Consultant who has the Consultant's full authority to render such reports and requests for payment and certify to the following at time of submission: By signing this payment request, I certify to the best of my knowledge and belief that the payment request is true, complete, and accurate. The expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Agreement. I am aware that any false,fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud,false statements,false claims or otherwise. 18 USC 1001 and 31 USC 3729-3730 and 3801-3812. 4) TERM. --The term of this Agreement commences on the effective date, the date the agreement is signed by the HCCC Executive Director below, and continues until December 31, 2021 as stipulated in Exhibit A, or until terminated by the Parties. In the event funding from state,federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this contract and prior to normal completion, HCCC may terminate the contract under the "Term" clause without a notice requirement. 5) SUBCONTRACTING. —Consultant may not subcontract without prior written approval by the HCCC. Additionally,the Consultant is responsible for ensuring that all terms, conditions, assurances and certifications set forth in this contract are carried forward to any subcontracts. 6) TRAINING. --Consultant acknowledges that no training will be provided to Consultant under this Agreement. Consultant warrants and represents that its personnel are fully trained to perform services required under this Agreement and that additional training provided by HCCC will be unnecessary. 7) BUSINESS LICENSES AND TAXES.-- a) Consultant shall, at its own expense, secure and maintain in full force and effect during the term of this Agreement all required licenses, permits, and similar legal authorization, and comply with all applicable Federal, State and local regulations. b) Consultant shall be responsible for payment of taxes, insurance and other obligations relating to its performance of services under this Agreement. Consultant shall provide HCCC with verification of its— i) Unified business identifier number from the State of Washington and that its business license is in good standing; HCCC Contract Agreement Page 3 ii) Washington State Department of Revenue account and that the account is in good standing; iii) Washington State Labor and Industries account and that the account is in good standing or that the Consultant is exempt from the state's industrial insurance requirements; iv) Data Universal Numbering System (DUNS) number; and v) Central Contractor Registry(CCR)through SAM.gov. c) All other necessary licenses and permits to perform the work specified in Exhibit B. 8) INDEPENDENT CONSULTANT STATUS. -- a) Consultant shall act as an independent Consultant, and in no way shall be considered an employee of HCCC. Consultant is not required to report to HCCC's offices at any specific time, except as requested for occasional consultations. HCCC does not have the right to assign any additional projects to Consultant. Consultant shall choose the time and manner for performing each part of the services described in Exhibit A according to its own routines and schedules, independent from HCCC's normal business operations. b) Consultant acknowledges that Consultant will not qualify for benefits which may be available if classified as an employee. In the event that the Internal Revenue Service (IRS) successfully asserts that Consultant is not or was not an independent Consultant for any period during the term of this Agreement and reclassifies Consultant as an employee, Consultant agrees to complete, sign and deliver IRS Form 4669 (Employee Wage Statement) to HCCC for any tax period affected. HCCC shall then file the Form 4669 with the IRS (along with IRS Form 4670 "Request for Relief From Payment of Income Tax Withholding") to offset against HCCC's withholding obligation. c) Consultant acknowledges that it will be liable to HCCC for any industrial insurance premiums or any other premiums or fees that HCCC is required to pay on its behalf under RCW 51.12.070, or any other applicable statute, regulation or ordinance,to the State of Washington or local jurisdiction. 9) NON-EXCLUSIVE CONTRACT. --This Agreement is non-exclusive. Consultant reserves the right to perform services for others during the term of the Agreement. 10) MATERIALS AND EQUIPMENT. --Consultant shall provide all materials and equipment necessary to perform its obligations under this Agreement: Provided, however, that Consultant may use office equipment located in the offices of HCCC, as available, and provided however, that if"Other Expenses" have been awarded as part of this agreement, HCCC may purchase said supplies and services on behalf of the Consultant as part of this Agreement. HCCC Contract Agreement Page 4 11) INDEMNIFICATION. -- a) To the fullest extent permitted by law, Consultant hereby indemnifies and holds HCCC harmless from any and all loss, damage, suits, liability, claims, demands or costs, whatsoever, whether arising at law or in equity, or sounding in tort, contract or other causes of action arising from any claim or liability resulting from Consultant's performance of services described in Exhibit A under this Agreement, except to the extent caused by the negligence of HCCC. b) Consultant hereby indemnifies and holds HCCC harmless from any additional taxes, interest and penalties due from Consultant or HCCC resulting from reclassification in the event the IRS or any state or local taxing authority successfully asserts that Consultant is not or was not an independent Consultant for any period during the term of this Agreement and reclassifies Consultant as an employee. 12) INSURANCE. --Consultant shall provide HCCC with a certificate of insurance for each insurance provision required in this section.The certificate of insurance shall be effective during the duration of this agreement. HCCC may require that the certificate of insurance name HCCC as an additional insured party. Consultant shall also require all of its subcontractors to maintain the same type and level of insurance as required in this section and provide certificates of insurance to HCCC as required in this section. Consultant shall, at its own expense, acquire and maintain the following insurance throughout the term of the Agreement: a) Commercial Automobile Liability Insurance covering all owned, non-owned and hired automobiles, trucks and trailers. Such insured shall provide the Standard Comprehensive Automobile Liability policy in limits not less than $1,000,000 Combined Single Limit; b) Commercial General Liability Coverage Insurance, with not less than the following limits: $1,000,000 for each occurrence limit, $1,000,000 for personal injury limit, $2,000,000 general aggregate limit; c) Professional Liability Insurance in an amount not less than $1,000,000 per claim and in the aggregate; and d) Workers' Compensation and Employer Defense Insurance as required by statute and employer liability coverage, with not less than the following limits: $1,000,000 each accident for bodily injury by accident, $1,000,000 each employee for bodily injury by disease and $1,000,000 policy limit for bodily injury by disease. e) Notwithstanding the forgoing, Contractor maintains a system for self-insurance that meets the requirements of this section 12. HCCC Contract Agreement Page 5 13)CONFIDENTIALITY. -- Information produced or made available to the Consultant shall not be disclosed to others or used for any other purpose, except as required under this contract or by law, without prior written approval by HCCC. 14)OWNERSHIP OF PRODUCTS PRODUCED UNDER THIS CONTRACT. --All data and products developed under this contract, excluding copyrighted material used with permission, or other public data that cannot be copyrighted, shall become the sole property of the HCCC and its assigns. Permission for its subsequent use must be obtained from the HCCC prior to that use. Any alteration of the data by HCCC for purposes other than those intended by this Agreement shall be at HCCC's sole risk and without legal liability upon the Consultant. 15) PUBLICITY AND ACKNOWLEDGEMENT OF SUPPORT. -- a) Consultant gives HCCC the right and authority to publicize HCCC's financial support for this Agreement and the Project in press releases, publications and other public communications. Consultant agrees to: (i) give appropriate credit to HCCC and any Funding Sources identified in this Agreement for their financial support in any and all press releases, publications, annual reports, signage, video credits, dedications, and other public communications regarding this Agreement or any of the project deliverables associated with this Agreement, subject to any terms and conditions below; and (ii) include the disclaimer provided for in (b). Consultant must obtain prior HCCC approval for the use relating to this Agreement of the HCCC logo or the logo of any Funding Source. b) Disclaimers. -- Payments made under this Agreement do not by direct reference or implication convey HCCC's endorsement nor the endorsement by any other entity that provides funds through this Agreement, including the U.S. Government, as applicable, for the Project. All information submitted for publication or other public releases of information regarding this Agreement shall carry the following disclaimer: i) For Projects funded in whole or part with Federal funds: "The views and conclusions contained in this document are those of the authors and should not be interpreted as representing the opinions or policies of the U.S. Government or the Hood Canal Coordinating Council and its funding sources. Mention of trade names or commercial products does not constitute their endorsement by the U.S. Government, or the Hood Canal Coordinating Council or its funding sources." ii) For Projects not funded with Federal funds: "The views and conclusions contained in this document are those of the authors and should not be interpreted as representing the opinions of the Hood Canal Coordinating Council or its funding sources. Mention of trade names or commercial HCCC Contract Agreement Page 6 products does not constitute their endorsement by the Hood Canal Coordinating Council or its funding sources." 16) INSPECTION AND RETENTION OF RECORDS. --The Consultant shall make all applicable financial records, supporting documents, and all other pertinent records related to this Project, available to HCCC, the State of Washington,the U.S. Government or any of their duly authorized representatives,for inspection. Records shall be retained until the Term date of this Agreement and then submitted to the Project Manager for retention until required by law. 17)NONDISCRIMINATION. -- By signing this Agreement,the Consultant certifies that it is an Equal Opportunity Employer and in compliance with all state and federal nondiscrimination requirements.The Consultant agrees to continue to be in compliance with all state and federal nondiscrimination requirements. Consultant agrees to comply fully with applicable civil rights statutes and regulations, including Title IV of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and the American Disabilities Act. 18)COMPLIANCE WITH COPELAND"ANTI-KICKBACK"ACT. -- Consultant is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled and remain in compliance with 18 U.S.C. 874 and 40 U.S.C. 276c. 19) PREVAILING WAGE. --The Consultant agrees to pay the prevailing rate of wage to all workers, laborers, or mechanics employed in the performance of any part of this contract when required by state law to do so, and to comply with provisions of the Davis-Bacon Act.(40 USC 3141-3148), Contract Work Hours and Safety Standards Act (40 USC 3701-3708), other federal laws and Chapter 39.12 RCW, as amended, and the rules and regulations of the Department of Labor and Industries. 20)APPLICABLE LAW.--This Agreement shall be construed and enforced under the laws of the State of Washington, irrespective of the fact that any one of the Parties is now or may become a.resident of another state. Venue for any action under this Agreement shall lie in Kitsap County, Washington. 21) MODIFICATION. --This Agreement may not be waived, discharged or modified in any manner other than by written agreement of the Parties. 22)SEVERABILITY. -- No provision of this Agreement is severable from any and all other provisions of this Agreement. Should any provision or provisions of this Agreement be unenforceable for any reason, the party finding itself unable to enforce said provision(s) may, at its sole discretion, declare this entire Agreement to be null and void. 23)TERMINATION. -- Either party may terminate this Agreement with 30 days written notification to the other party. If this Agreement is so terminated, the Parties shall be liable only for performance rendered or costs incurred in accordance with the HCCC Contract Agreement Page 7 terms of this Agreement prior to the effective date of termination. If for any cause, either party does not fulfill in a timely and proper manner its obligations under this Agreement, or if either party violates any of these terms and conditions,the aggrieved party will give the other party written notice of such failure or violation. The responsible party will be given the opportunity to correct the violation or failure within 15 working days. If the failure or violation is not corrected, this Agreement may be terminated immediately by written notice of the aggrieved party to the other. HCCC shall have the right to terminate this Agreement in whole or in part at any time, if the Funding Source issues an early termination under the funding agreement(s) covering all or part of the Project at issue hereunder. 24)WAIVER. -- If either party fails to exercise its rights under this Agreement, it shall not be precluded from subsequent exercise of its rights. A failure to exercise rights shall not constitute a waiver of any other rights under this Agreement, unless stated in a letter signed by authorized representative of the party and attached to the original agreement. 25)COSTS AND ATTORNEYS FEES. -- If either party brings any action against the other for relief, declaratory or otherwise, arising out of this Agreement,the prevailing party shall recover against the other party all costs and reasonable attorneys'fees, including costs and reasonable attorneys'fees incurred to enforce any judgment rendered pursuant to this Agreement. 26)CERTIFICATIONS AND ASSURANCES RELATING TO FEDERAL FUNDS(if applicable). -- If the Funding Source, including any secondary funding source, is paid with federal funds,the Consultant must comply with the following. a) Uniform Guidance. -- Consultant must comply with the Uniform Guidance (2 CFR Part 200) to the extent applicable to Consultant as a non-Federal entity receiving a federal award. With respect to cost principles: Non-Profit Organizations, Institution of Higher Education,State, Local or Tribal Government, must comply with the Cost Principles of the Uniform Guidance, 2 CFR Part 200; and Commercial (for-profit) organizations must comply with Title 48 Chapter 1 Subchapter E Part 31. No funds provided pursuant to this Agreement may be . used to support any activities not authorized under this Agreement or allowable under the Federal Cost Principles set forth in the OMB Uniform Guidance. b) Audit Requirements. -- Consultant may be required to comply with the Federal Audit Requirements found in 2 CFR 200.500 (formerly OMB Circular A-133). c) Lobbying and Litigation (2 CFR 200.450). -- i) No funds under the Agreement maybe used to engage in lobbying of the Federal Government or in litigation against the U.S. unless authorized under existing law. HCCC Contract Agreement Page 8 ii) New Restrictions on Lobbying. -- In any subcontract over$100,000, Consultant shall require that subcontractors submit certification and disclosure forms in accordance with the Byrd Anti-Lobbying Amendment, 31 USC 1352. Any consultant who makes a prohibited expenditure or fails to file the required certification or lobbying forms shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure. d) Debarment and Suspensions. -- Unless Consultant has submitted a written justification fourteen (14) days prior to execution of this Contract, stating the reason that this term does not apply, which has been expressly accepted and approved by HCCC prior to execution, by signing this Agreement, Consultant warrants and represents its initial and continued compliance that it is not listed on the General Services Administration's, government-wide System for Award Management Exclusions (SAM Exclusions), in accordance with the OMB guidelines at 2 C.F.R Part 180 that implement E.O.s 12549 (3 C.F.R., 1986 Comp., p. 189) and 12689 (3 C.F.R., 1989 Comp., p. 235), "Debarment and Suspension." The Consultant further provides that it shall not enter into any subaward, contract or other Contract using funds provided by HCCC with any party listed on the SAM Exclusions in accordance with Executive Orders 12549 and 12689. The SAM Exclusions can be found at SAM.gov. e) Drug-Free Workplace Certification. -- Consultant shall make an ongoing, good faith effort to maintain a drug-free workplace pursuant to the specific requirements set forth in CFR Part 1536 Subpart B. Consultant shall identify all known workplaces under this Agreement, and keep this information on file during the performance of the Agreement. Consultants who are individuals must comply with the drug-free provisions set forth in 2 CFR Part 1536 Subpart C. The consequences for violating this condition are detailed under 2 CFR Part 1536 Subpart E. f) Trafficking in Persons. --You as the sub-recipient, your employees, sub- awardees under this award, and sub-awardees' employees may not engage in severe forms of trafficking in persons during the period of time that the award is in effect; procure a commercial sex act during the period of time that the award is in effect; or use focused labor in the performance of the award or sub-awards under this Award and must inform HCCC immediately of any information you receive for any source alleging a violation of this prohibition during the term of the agreement. g) Reducing Text Messaging while Driving, Executive Order 13513. -- Consultant is encouraged to adopt and enforce policies that ban text messaging while driving, including conducting initiatives of the type described in section 3(a) of the order. HCCC Contract Agreement Page 9 h) Disadvantaged Business Enterprise. -- Consultant agrees to good faith efforts whenever procuring construction, equipment, services and supplies in compliance with the requirements of EPA's Program of Utilization of Small, Minority and Women's Business Enterprise (MBE/WBE). 40 CFR 33. Consultant must receive permission from HCCC to sub-contract with another entity. i) Additional Responsibility Matters. -- By signing this Agreement, Consultant warrants and represents that it is not subject to the below circumstance. i) Was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal or State law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. j) Certification and Representation. -- Consultant must submit those certifications and representations required by Federal statutes, or regulations to HCCC on an annual basis. Submission may be required more frequently if the Consultant entity fails to meet a requirement of a Federal award. 27)COUNTERPARTS AND ELECTRONIC SIGNATURES. --This Agreement may be executed in counterparts, after execution by all Parties hereto, shall together constitute the Agreement. The parties acknowledge that a signature in electronic form has the same legal effect and validity as a handwritten signature. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement effective as of the day and year signed by the Executive Director below. Hood Canal Coordinating Council For Mason County Public Health Scott Brewer, Executive Director Mason County Commissioner Approved as to form: Mason County Prosecuting Attorney Date: This Agreement is made effective as of the date signed by the HCCC Executive Director on the day of , 2020 HCCC Contract Agreement Page 10 EXHIBIT A Independent Consultant Scope of Services Hood Canal Regional Pollution Identification and Correction Program - Phase 4 CONSULTANT: MASON COUNTY Description of Services Mason County Public Health (MCPH) will provide services to support the implementation of the Hood Canal Regional Pollution Identification and Correction (HCRPIC) Program's Phase 4, as described below.The following project information is excerpted from HCCC's base agreement scope of work: Contract number: CB024134 Subrecipient Organization: Hood Canal Coordinating Council Subrecipient Contact: Haley Harguth, Watershed Program Manager, hharguth@hccc.wa.gov, 360.328.4625; Scott Brewer, Executive Director, sbrewer@hccc.wa.gov, 360.531.0575 DUNS#: 620533930 CPAR Info (Statewide Vendor#, UBI, Federal Tax ID, etc.): 0011386-00, 602-080- 310, 91-2085994 DOH Contract Manager: Megan Schell megan.schelI@doh.wa.gov 360.236.3307 Federally Approved Indirect Rate: 10% (de minimis) Period of Performance: DOE—December 31, 2021 NOTE: EPA stretch goals are to spend awarded funds within 2 years Project Description: This project funds pollution identification and correction activities to protect and improve Hood Canal water quality to safeguard public and ecosystem health and keep shellfish growing areas and recreational beaches open by preventing bacterial pollution flowing into surface waters. The Hood Canal Regional Pollution Identification and Correction Program brings together local health jurisdictions and tribal partners across the Hood Canal region to coordinate water quality protection actions.This unique regional structure enables cross-jurisdictional sharing of resources and expertise to solve water HCCC Contract Agreement Page 11 quality challenges threatening Hood Canal's community and ecosystem health. Not to exceed: $ 222,353. Near Term Action ID: 2018-0639 OVERVIEW The Hood Canal Regional Pollution Identification and Correction Program (HCRPIC) core partners will work collaboratively to implement prioritized Pollution Identification and Correction (PIC)work throughout Hood Canal to help reduce bacterial contamination and increase harvestable shellfish acres. HCRPIC core members include Jefferson, Kitsap, and Mason Counties, the Port Gamble S'Klallam and Skokomish Tribes; other partners include the county conservation districts, Hood Canal Salmon Enhancement Group, and WSU Extension. There are eighteen shellfish growing areas in the Hood Canal Action Area.As of 2019, the Hood Canal Action Area had 29,766 acres of approved growing areas, 1,515 acres with conditional approval, and about 3,144 acres of prohibited or restricted growing area. Washington State Department of Health (DOH) has identified several emergency closure zones, threatened areas, and areas of concern based on marine water quality data.There are close to 30,000 onsite sewage systems (OSS) in the project area, many in close proximity to waterbodies and approximately one third of the systems are over 30 years old. PIC programs have been essential to maintain and improve water quality and will continue to be vital for the health of Hood Canal and its communities. The project will primarily address fecal pollution and associated pathogens. As fecal pollution sources are corrected, less nutrients and organic materials, associated with human and animal waste, will enter Hood Canal.That will result in less oxygen demand to break down algae blooms resulting from excess nutrients and the organic materials in waste. Hood Canal Regional PIC Program implementation will identify and correct pathogen sources.The resulting water quality improvements will help achieve the Puget Sound Partnership's Vital Sign recovery target to increase'harvestable shellfish acreage. Phase 1 of the HCRPIC program developed a coordinated PIC monitoring plan with the goal to upgrade shellfish harvest areas and prevent future downgrades in Hood Canal priority areas. In the Phase 2 and 3 implementation phases, priority shoreline areas were determined by HCRPIC members using current water quality monitoring information to identify the most important shoreline areas to survey.The prioritization of shoreline areas will be updated annually as new data emerges. Phase 3 ended in August 2019, collectively resulting in 66 shoreline miles monitored, 380 site inspections completed, 55 OSS failures identified, with 28 OSS repairs completed and the rest in HCCC Contract Agreement—Exhibit A Page 12 progress.The incomplete OSS repairs will continue to be tracked in Phase 4. Phase 4 builds off of previous implementation phases but with a reduced scope of work due to funding limitations. HCRPIC Program - Phase 4 components include: shoreline surveys in priority Hood Canal shoreline areas, pollution hotspot investigation and correction, updated GIS mapping of OSS in Hood Canal, outreach and education to Hood Canal OSS property owners and decision makers, OSS maintenance rebates, ambient stream water quality monitoring, and regional inter-jurisdictional coordination. The Phase 4 work plan will be developed in consultation with DOH and will include: • Remaining Phase 3 priority hotspots and work areas including Hoodsport, Union, Big Bend, Alderbrook, and Annas Bay, and • Other areas with urgent public health or emerging water quality concerns GOALS & MEASURABLE OBJECTIVES Description Upgrade 50 acres from prohibited to approved in Acres 50 Hoodsport area of Hood Canal 6 Reopen all closed parcels due to elevated bacteria in Parcels 30 drainages or due to failing onsite septic systems Number of hotspots identified in Mason County Hotspots Unknown (will be reported quarterly) Number of site inspections completed in Mason County Site Inspections 50 Number of OSS failures identified in Mason County OSS Failures 3 Number of OSS failures corrected in Mason County OSS Corrections 3 Area of shoreline surveys conducted in priority areas Miles 5 Number of ambient freshwater samples collected Samples 100 MASON COUNTY'S HCRPIC PHASE 4 TASKS The following are the tasks, deliverables, and deadlines associated with this subaward. Task numbering aligns with the task numbers in HCCC's base grant with DOH. HCCC Contract Agreement—Exhibit A Page 13 TASK 3. Hood Canal Regional Pollution Identification and Correction Program Phase 4 Implementation 3.1 HCRPIC PROGRAM COORDINATION: This task includes: collaboration with program partners to establish shared protocols and work flows, and the Phase 4 Workplan, preparation of invoices and progress reports for project coordinators, coordination of County staff on work toward Phase 4 objectives, coordination with landowners within the project area, upkeep and quality assurance of program data, data reporting, and contributions to program deliverables, including quarterly and final reports, sustainable funding efforts, and outreach materials. Project Coordination: Coordinate implementation of HCRPIC in your jurisdiction following HCRPIC protocols described in the HCRPIC Guidance Document and the project QAPP. Monitor spending and progress toward deliverables. Submit monthly invoices and progress reports (using HCRPIC Program templates) by the 15th of the following month. Communicate any concerns to HCRPIC Coordinator that progress is not on track. Invoices will be reimbursed upon satisfactory progress and reporting on the deliverables within each payment period. - Send invoices via e-mail to admin@hccc.wa.gov - Send progress reports via email to Haley Harguth (hharsuth@hccc.wa.gov) HCRPIC Ph. 4 Workplan: HCRPIC partners will work collaboratively to develop the HCRPIC Phase 4 Workplan, which will establish priority areas for shoreline and ambient freshwater stream monitoring and sanitary surveys, targeting areas of known pollution hotspots, or facing shellfish growing area downgrades.The Phase 4 Workplan will be informed by data from the HCRPIC Program Phase 3 results and GIS analysis, current water quality information gathered from county health jurisdictions and tribes, and monitoring data and recommendations from Washington State Department of Health technical staff. It will outline tasks to build upon supporting work conducted in Phase 3. The Phase 4 Workplan will outline any changes to HCRPIC Program procedures for data collection, PIC hotspot investigations, and reporting, including the enforcement process and timeline, and protocol for communication of public health risks. Field work activities cannot begin until the HCRPIC Phase 4 Workplan is completed. Data Collection & Reporting: Submit field work data to project coordinators every quarter using the HCRPIC Cumulative Data Report template. Data reported to the HCCC Contract Agreement—Exhibit A Page 14 HCRPIC Program should include all PIC field work performed in Hood Canal funded by the HCRPIC Program grant, as well as other funding sources, in order to provide a comprehensive report of all Hood Canal PIC efforts across jurisdictions. Data is expected to be thoroughly reviewed by the submitter for quality assurance and quality control prior to it being submitted. Final Cumulative Data Reports will be submitted to project coordinators after field work is completed to prepare for analysis, mapping, and EPA WQX data entry. All data collected that is funded by this grant must be shared with state and federal agencies upon request. HCRPIC Guidance Group Meetings: HCRPIC partners will share information and ideas, make collaborative decisions, and help guide HCRPIC Program's direction.The Guidance Group provides oversight, guidance, shared learning, and structure for consistent procedures across the PIC program. Guidance Group meetings with project partners will be held quarterly or as needed to advance collaborative work in the PIC project area. At Guidance Group meetings, partners will: - Report on Ph 4 Workplan implementation, including current progress updates, success stories, lessons learned, requests for advice and assistance, next steps, upcoming events, etc. - Present hotspots for consideration of elimination following hotspot closure protocol described in HCRPIC Guidance Document. This information will be included in the HCRPIC Ph. 4 final report. - Provide updates on sustainable funding efforts. Strategic Planning/Sustainable Funding: Strategic planning efforts will be conducted to develop and implement a plan to enhance the HCRPIC Program's efforts to reduce bacterial contamination in the shellfish growing areas of Jefferson, Kitsap, and Mason Counties. HCRPIC partners will work with program coordinators to develop a strategic plan, which addresses the key elements in the Pollution Identification and Correction Program Draft Protocols Recommendations provided by the Departments of Health and Ecology.The Guidance Group will determine objectives and scope of activities, which may include hiring an outreach consultant to support the development of a sustainable funding outreach campaign, outreach products, and presentations to decision-makers on water quality protection, program successes and sustainable funding. HCRPIC partners will provide updates of sustainable funding efforts at Guidance Group meetings. Training/Workshops: Assist project coordinators in preparing and leading HCRPIC Field Training Workshop.The HCRPIC members will participate in a field training and data reporting workshop addressing HCPRIC protocols and procedures.The workshop will be held in the first quarter after contract agreements are in place. LHJ Project coordinator HCCC Contract Agreement—Exhibit A Page 15 and at least one field staff participating in HCRPIC Program field activities must attend the training. Project partners may participate in DOH-sponsored PIC workshops and other trainings/events (subject to grant coordinator approval), as funds allow. Maximum of two events per sub-recipient, or two people may attend a single event. 3.2 POLLUTION IDENTIFICATION AND CORRECTION FIELDWORK The HCPRIC Program members will identify, investigate, and work to correct all pollution sources found throughout the project period, utilizing a variety of tools, collaborative problem solving amongst the HCRPIC Guidance Group, and regulatory backstopping, as needed, in order to achieve project objectives outlined above. HCRPIC Program partners will determine Phase 4 priority work areas, including: - Remaining Phase 3 priority hotspots and work areas including Hoodsport, Union, Big Bend, Alderbrook, and Annas Bay-Skokomish River valley, and - Other areas with urgent public health or emerging water quality concerns MCPH will utilize this grant funding to investigate priority area shoreline drainages and conduct parcel surveys to identify sources of fecal coliform bacteria.They will provide technical assistance, work to correct identified sources, and conduct post-corrective follow-up. MCPH will provide the regulatory backstop of enforcement with the help of WA Departments of Ecology and Health as needed, depending on the facility type. Shoreline surveys for pollution hotspots: Monitor shoreline for pollution outfalls in priority areas identified in the HCRPIC Phase 4 Workplan and per HCRPIC Guidance Document protocols and approved QAPP procedures. Document areas surveyed using HCRPIC Shoreline Surveys Log (included in the Cumulative Data Report). Pollution hotspot investigation and correction:Within the priority areas identified in the HCRPIC Phase 4 Workplan, MCPH will conduct pollution source investigation and follow-up of hotspots identified in shoreline surveys and ambient stream monitoring, technical assistance, and enforcement with regulatory backstopping according to the enforcement protocol developed by the HCRPIC Guidance Group and documented in the Phase 4 Workplan. Procedures are outlined in the HCRPIC Program Guidance Document and the QAAP. Freshwater stream monitoring for pollution hotspots: Collaborate with Hood Canal Salmon Enhancement Group to support freshwater monitoring of streams identified in HCRPIC Phase 4 Workplan, per QAPP procedures. Task 3.2. activities will begin after the HCRPIC Phase 4 Workplan is finalized. HCCC Contract Agreement—Exhibit A Page 16 Water Quality Information Sharing: HCRPIC and DOH have built an information sharing process to quickly and efficiently: - Prioritize HCRPIC work areas - Provide DOH with post-corrective water quality data - Respond to DOH early water quality warnings All pollution identification data funded by the grant will be regularly shared with state or federal agencies. All pollution hotspots identified by HCPRIC partners will be referred to DOH, and new pollution hotspots identified by DOH will be referred to the local health jurisdictions. Updates on progress toward pollution source identification and repairs will be regularly provided by local health jurisdiction staff, and progress toward water quality upgrades by DOH and remaining information needs will be shared at Guidance Group meetings, and as needed. Any identified agricultural pollution sources will be referred to the local Conservation District. Data Reporting: - Field work data will be entered into the HCRPIC Cumulative Data Report template and submitted to program coordinators quarterly. See further description of data collection and reporting activities in task 3.1. - Enter monitoring data into Kitsap Public Health's online cloud-based water quality database to facilitate EPA WQX data entry at.end of project. - Final Cumulative Data Reports will be submitted to project coordinators after field work is completed to prepare for analysis and mapping. 3.3 ONSITE SEPTIC SYSTEM MAINTENANCE REBATES Homeowner rebates for onsite septic system maintenance will be provided to priority parcels by local health jurisdictions.These rebates were very successful in Phases 2 and 3 to incentivize homeowners to properly operate and maintain their septic systems. In Phase 4, HCRPIC partners will offer rebate vouchers up to $250 per OSS,to reimburse costs for OSS inspections and pumping, and small repairs. Rebate notices will be distributed to targeted residences using a consistent format across jurisdictions.The criteria for rebate recipients will be determined by the Guidance Group and approved by DOH. In past phases, criteria were set to target homeowners who had not previously received a voucher, located in priority areas, or had missing or overdue maintenance records. Data on rebate recipients and services reimbursed will be tracked and analyzed to evaluate the effectiveness of the rebate program as a behavior change tool and inform future phases. HCCC Contract Agreement—Exhibit A Page 17 DELIVERABLES Task Deliverable Description Due Date 3.1 Describe coordination activities in monthly Ongoing, monthly progress reports. Report on workplan implementation progress at quarterly Guidance Group meetings. At quarterly Guidance Group meetings 3.2 1) Describe PIC activities in monthly progress 1) Ongoing, monthly reports 2) Report on workplan implementation progress at quarterly Guidance Group 2) At quarterly Guidance Group meetings meeting 3) Submit Cumulative Data Report to HCRPIC 3) Quarterly, one week prior coordinators to Guidance Group meetings; and at end of field work. 1-3 above will address the following project objectives: a. Number of parcel surveys conducted b. At least 2 miles of priority shoreline in Hood Canal Areas monitored per Phase 4 Workplan c. Collect approximately 200 water samples d. Report the number of sites requiring resampling e. Conduct approximately 50 priority parcel surveys f. Report number of sites dye tested g. Report number of failing septic systems identified h. Report number of failing septic systems corrected L Number, location and status of sites referred to other agencies for technical and/or corrective actions. HCCC Contract Agreement—Exhibit A Page 18 3.3 OSS Maintenance Rebates a) Provide input on HCPRIC Phase IV rebate process for DOH review and approval a) March 31, 2020 b) Develop OSS rebate outreach materials b) July 31, 2020 using HCRPIC template c) Ongoing, complete by Dec c) Report number of rebates processed in 31, 2021 monthly progress reports and in final reporting Project Budget HCRPIC Program Ph.4 Budget—Mason Count Task 3.1: Program Coordination Personnel Finance Manager $60 per hour x 60 $3,600 Clerical $50 per hour x 30 $1,500 EH Manager $60 per hour x 24.4 $1,464 EH Specialist $60 per hour x 80 $4,800 Personnel Subtotal $11,364 Other Costs Other(provide description) $ Other Costs Subtotal $0 Indirect Costs 10% $1,136 Task 3.1 Subtotal $12,500 Task 3.2: PIC Fieldwork Personnel EH Specialist $60 per hour x 1029.7 $61,782 Personnel Subtotal 1 $61,782 Other Costs Lab Analysis 200 samples $29 $5,800 Postage Mailings $300 Materials Paper, dye packets,other supplies $300 Other Costs Subtotal $6,400 Indirect Costs 10% $6,818 Task 3.2 Subtotal $75,000 HCCC Contract Agreement—Exhibit A Page 19 Task 3.3: OSS Maintenance Rebates Personnel EH Specialist $60 per hour x 9.47 $568 Personnel Subtotal $568 Other Costs OSS O&M Rebates 25 rebates $250 $6,250 Other Costs Subtotal $6,250 Indirect Costs 10% $682 Task 3.3 Subtotal $7,500 Subtotals Personnel Total $74,114 Other Costs Total Lab analysis,postage,materials, $12,250 rebates, other Travel Total Describe if an ) $0 Indirect Costs 10% $8,636 Grand Total $95,000 Compensation: The Consultant shall be compensated under this agreement in an amount not to exceed: $95,000. Submit monthly invoices to the Accountant by the 15' of the following month. Expenses are payable with prior authorization from HCCC project manager, and contingent upon satisfactory progress reporting toward completion of project deliverables. Consultant shall submit the final invoice, or any claims for payments not already made, no later than 30 days from the expiration or termination of the agreement. Progress Reporting: Consultant will submit progress reports each month by the 15th of the following month to accompany invoices. A progress report template will be provided. Submit progress reports to the project manager. Travel: If claiming mileage Consultant will submit a mileage Report for reimbursement with invoice. Mileage and travel costs will be reimbursed at current federal rates or allowances. Contract Duration Date: The effective date is the date the contract is signed by the Executive Director and ends December 31, 2021. Consultant Checklist: Consultant will complete and provide requested information on Exhibit B. Contract Representatives: Scott Brewer, Executive Director Hood Canal Coordinating Council HCCC Contract Agreement—Exhibit A Page 20 17791 Fjord Drive, NE Suite 118 Poulsbo, WA 98370-8430 360-394-0046 sbrewer@hccc.wa.gov HCCC Project Manager: Haley Harguth, Watershed Program Manager Hood Canal Coordinating Council 17791 Fjord Drive, NE Suite 118 Poulsbo, WA 98370-8430 hharguth@hccc.wa.gov 360-328.4625 Accountant: Hood Canal Coordinating Council 17791 Fjord Drive, NE Suite 118 Poulsbo, WA 98370-8430 admin@hccc.wa.gov 360-394-0046 Consultant Representative(s): David Windom, Director Mason County Public Health 415 N. 6th Street Shelton, WA 98584 dwindom@co.mason.wa.us 360-427-9670 Project Manager: Alex Paysse, EH Manager Mason County Public Health 415 N 6th Street Shelton, WA 98584 alexp@co.mason.wa.us 360-427-9670, extension 279 HCCC Contract Agreement—Exhibit A Page 21 EXHIBIT B PROFESSIONAL SERVICES CONTRACT CONSULTANT CHECKLIST Consultant is a Subrecipient or a Contractor(Consultant): According to GSA-CX-1.8: Subrecipient and Contractor Determination guidelines, HCCC has determined that you are a Contractor, aka Consultant. UBI No. 232 002 101 Federal Tax ID No. 91-6001354 Provide Data Universal Numbering Systems (DUNS) number: 069 580 751 Consultant Type: Local government FEDERAL/STATE PASS-THROUGH INFORMATION Refer also to information in Exhibit A. Project Name: Hood Canal Shellfish Strategic Initiative, Hood Canal Regional Pollution and Identification Correction Program Phase 4 Funding Sources: Environmental Protection Agency (passed through) Washington State Department of Health CFDA Program Title: Puget Sound Action Agenda: Technical Investigations and Implementation Assistance Program Funding Source Award Date: 07/25/18 Funding Source Number(Federal Award Identification No): PC-01J18001-4 Catalog of Federal Domestic Assistance No. (CFDA): 66.123 Note: This award is not for R&D (research and development). Complete Cyber Certification (if contract involves Collecting and Managing Data in federal system). N/A Consultant is hereby provided with Exhibit A-1 WA DOH Agreement CB024134 subrecipient Statement of Work Programmatic Conditions as applicable. In accordance with 40 CFR 33.106 and its Appendix A, the contractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The contractor administration shall carry out application requirements of 40 CFR part 33 in the award of contract awarded under EPA financial assistance HCCC Contract Agreement—Exhibit B Page 22 agreements. Failure by the contractor to carry out these requirements is a material breach of this contract which may result in the termination of this contract or other legally available remedies. If grant is over$100,000 complete/sign restrictions on Lobbying Certification 40 CFR Part 34(and disclosure if applicable): Sign and return Certification linked here Certifications Consultant DBE Program Reporting (indicate as appropriate): Owned and Managed as Disadvantaged Business: ❑ Women Owned Business Enterprise ❑ Minority Owner Business Enterprise ❑ Veteran Owned Business Enterprise ❑ Community Based Organization If certified by Washington State's Office of Minority and Women Owned Business Enterprise (OMWBE) www.omwbe.wa.gov or Department of Veterans Affairs (DVA), enter the certification number: N/A (entity is a county) Provide proof of WA Dept. of Revenue Account in Good Standing: See attached. Provide proof of WA Labor& Industries Account in Good Standing (and not debarred) or Exemption (if no employees): 004,874-00; see attached. Insurance (as applicable)--Renew during term of contract – Commercial Auto Liability(if claiming mileage--use HCCC Mileage Report if included in Exhibit A tasks) — Commercial General Liability(naming HCCC as additional insured) - Professional Liability Insurance — Workers' Compensation and Employer Defense Insurance Notice: The Hood Canal Coordinating Council as an equal opportunity employer will not discriminate on the basis of race, creed, color, national origin, ancestry, sex, marital status, gender, sexual orientation, age [40 and over], maternity, and childbirth, honorably discharged veteran or military status, disability, genetics, HIV and/or Hepatitis C status, use of a trained guide dog or service animal by a person with a disability, or other protected class [legally recognized] under federal, state or local law. Persons requiring reasonable accommodation or requiring any information in an alternative format may contact 360-394-0046. Inquiries about the HCCC's compliance may be directed to Scott Brewer, Executive Director. HCCC Contract Agreement—Exhibit B Page 23 Washington State Department jj Services > Business Lookup > MASON COUNTY License Information: New search Back to results Entity name: MASON COUNTY FACILITIES Business name: MASON COUNTY Entity type: Municipality UBI 0: 232-002-101 Business ID: 001 Location ID: 0008 Location: Active Location address: 100 PUBLIC WORKS DR SHELTON WA 98584-9714 Mailing address: 100 PUBLIC WORKS DR SHELTON WA 98584-9714 Excise tax and reseller permit status: Click here Endorsements Endorsemenlsheld atthis location �License#r�-- i!Count Details-- ;Status Expiration dale —iFirstissuanct Underground Storage Tank 2 View Tanks Active Governing People may include governing people norregisiered mth secretary orsrare Governing people Title MCGREGOR,SHANNON L Officer Registered Trade Names I Registered trade names (Status (First issued J MASON COUNTY Active Mar-26-2018 View Additional Locations The Business Lookup information is updated nightly.Search date and time:1/3012020 12:36:34 PM HCCC Contract Agreement—Exhibit B Page 24 1129,'2920 UASON COUNTY FACILITIES a' ryalf<[rymr.rf.4 :4�Jni_vraa 11a11',i P.leu6xt�i�!i �smv). Contractors iVIASON COUNTY FACILITIES Owner ortradesperson CdO HUMAN RESOURCES 411 NORTH 5TH ST SHELTOTJ WA 98584 WA LIBB Kb_ 232 002101 Certifications&Endorsements 061WBE Certifications No active ce ca woos eAst for Ms business_ Apprentice Training Agent a a veas i1r ngttwi registered apprentioe:,exist for this business_1MasNngton algovis the use of apprentices registered a th Oregon or Montana.Contact the Oregon Bureau of Labor&Industries or Montana Department of Labor &Industry to verify off this business has apprentioes. orkers'Comp Do you know if the business has employees?If so,verify the business is up-to-date on workers'comp premiums. L&t Account ID Account is current 084,874-9D Doing business as MASON COUtJTYAUDITOR Estirnated workers reported Quarter 4 of Year 2019"Greater than 100 Workers L&I account contact T9 0 KAITLYN VU QUOC(360)902-5141-Email:VUQM5@Inf wa gov Public Works Requirements Verify the contractor is eligible to pert rm work on public works pruj7ecty. Required Training—Effective July 1,2019 Needs to complee Maining. Contractor Strikes No strikes n s have been issued against this contractor. Contractors not allowed to bid No debarments have een issued against this contractor. HCCC Contract Agreement—Exhibit B Page 25 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Kell Rowen DEPARTMENT: Planning EXT: 286 BRIEFING DATE: March 2, 2020 PREVIOUS BRIEFING DATES: None If this is a follow-up briefing, please provide only new information INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources X Legal ❑ Other— please explain ITEM: Requested revision to the Alderbrook Resort Conservancy Area Plan — Conservation Easement. EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): The Alderbrook Resort is proposing to increase its parking capacity by over 70 parking spaces.They are proposing to develop additional parking within an area currently within an existing conservation easement. The proposal includes removal of 0.47 acres from the easement and inclusion of 2.13 acres into the easement. Future proposal to increase parking includes the development of a retaining wall within a stream buffer.This request to amend the conservation easement, if approved, does not preclude building permits,variances, engineering, SEPA review or any other permit that may be required by the proposal to develop additional parking spaces. BUDGET IMPACT: None PUBLIC OUTREACH:(Include any legal requirements, direct notice,website,community meetings, etc.) None currently. RECOMMENDED OR REQUESTED ACTION: Discuss proposal and consider amending the existing Conservation Easement. ATTACHMENTS: Covenant amendments, legal description and map of conservation easement revisions Briefing Summary 2/26/2020 Alderbrook Resort Conservancy Area Plan Conservation Easement Amended 12-27 - 2019 THIS COVENANT TO Mason County, State of Washington,hereinafter "County" is entered into as part of the Alderbrook Resort Conservancy Plan, concerning real property legally described in Exhibit A(attached hereto and by this reference incorporated herein the "Property").North Forty Lodging LLC ("Owner"), on behalf of itself and its assigns and successors interest into whose ownership the Property may pass, covenants that certain uplands and streams as shown on the attached Alderbrook Resort Conservancy Area Plan(attached hereto as Exhibit B and by this reference is incorporated herein the "Plan Area") will be maintained in their natural state. Owner herein covenants to the County on behalf of itself and its assigns and successors in interest into whose ownership the Property might pass, as follows, it being specifically agreed and covenanted that this is a covenant running with the land. 1. Owner is the sole and exclusive owner of the Property; 2. It is the purpose of this covenant to require that certain uplands, wetlands, and stream areas shown in the Plan Area shall be left in a natural state in order to preserve and protect the uplands, wetlands, and stream area ecosystem. 3. Consistent with the purposes of this covenant, uplands and stream areas shown in the Plan Area shall be left in a natural state, which consists of steep slopes that rise abruptly from the shoreline of Hood Canal with thickly wooded dense mature conifer forest. The following activities shall not occur within the Plan Area: i. The construction of any structure; ii. The removal, excavation, grading or dredging of soil, sand, gravel,minerals, organic matter, or material; iii. The destruction or alteration of vegetation through trimming, clearing,harvesting, or intentional burning. 4. The creation of a minimally invasive interpretive trail system through the Plan Area shall be permitted as part of this easement as long as the appropriate permits are obtained. 5. Nothing in this covenant shall be construed to provide for public use of or entry into the Plan Area. However,representatives and agents of the County are hereby authorized to make reasonable entry into the Plan Area for purposes related to administering this covenant; provided that the Owner and its successors or assigns are given at least 24-hours advance notice of any such entry. 6. The provisions of this covenant are enforceable in law or equity by the County and its successors. 7. This covenant and all of the provisions, and each of the shall be binding upon the Owner and its assigns and successors in interest into whose ownership the property may pass and any obligations made herein by the Owner shall be enforceable against its assigns and successors in interest into whose ownership the Property may pass. IN WITNESS WHEREOF,theparties hereto have caused this agreement to be executed the day and year indicated below Dated this day of DzgembeL2LI9. APPROVED AS TO FORM ONLY: MASON COUNTY By: Title: NORTH FORTY LODGING LLC By: Title: STATE OF WASHINGTON ) COUNTY OF KING ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath state that he/she was authorized to execute the instrument and acknowledged it as the of to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Notary Public My appointment expires: ALDERBRbQK RESORT EXISTING ACCESS SR 106 ROADWAY CONSERVATION PROPOSED PARKING IMPROVEMENTS EASEMENT EXCEPTION 12 32104-27-00010 PN 32104-12-50120 13 ++ TRACT 12 OF LLS SURVEY WATERMARK / EAST LLC 10230 PN 32104-21-00000 1d/ss AF 499501 PTN OF W Y P01 NJ°S DR. PCL 2 OF BL:A#09-10 NE SIZE 5.54 ACRES. 1 SUITE 200 PTN NENWEX KIRKLAND,WA ,� OWNED BY NORTH FORTY - LODGING.TOTAL PARCEL r 74 _ O� WITHOUT REVISION=31 71 ACRES.TOTAL PARCEL m WITH REVISION=30.42 CRIES. TRACT 11 OF LLS SURVEY 2z 1%AF 49950.1 PTN OF W Y 63 NE SIZE 5.54 ACRES. 24 PN 32104.21-00000 "CONTINUED" - OWNEDBYNORTH 23 FORTY LODGING- TOTAL PARCEL 31 SIZE 9.39 ACRES 64 1� w TRACT 10 OF LLS SURVEY 1Y6 AF 499501 PTN OF W A22 32 NE SIZE 5.54 ACRES. s9 � a sa se 34 / n as� 41 - o !y TRACT 8 OF LLS SURVEY 45 a 51 a1 i fYs AF 499501 PTN OF W}4 e CLALDER13ROOK NE SIZE 5.54 ACRES. \`39 39 47 CREEK 42 \ 49 3630 48 ye 00 ' TRACT 5 OF LLS SURVEY r �ZhsAF499501PTN OFW}4' 34 '3 fed: NE SIZE 5.54 ACRES. 26 �` 17 � 24 23 � PN 32104-21-00000 22 PCL 2 OF BLA 909.10 PTN NE NW EX OWNED BY NORTH FORTY is LODGING.TOTAL ADD m- PN 32104.24-00000 CONVERSION TO THE PCL 1 OF BLA1107-76 CONSERVATION 14 PTN SE NW EX S 3Y9.S 2X14 EASEMENT=2.13 ACRES 1° OWNED BYAGYC CONSERVATION 13 EASEMENTADDITION R BOUNDARY OF THE CONSERVATION 4 EASEMENT 3 10 2 6 1 39 4s 3 c 1 Q 5 16 V Y D - N 17Q I2 - 15 76U3 12 a 6! { 1h 76 - 2 Gy In EXH/B/TB-ALDERBROOKOONSERVANCYAREA PLAN Exhibit A Legal Description CONSERVANCY EASEMENT DESCRIPTION THE EAST ONE HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 4,TOWNSHIP 21 NORTH, RANGE 3 WEST, W.M., MASON COUNTY, WASHINGTON. EXCEPTING THEREFROM, ALL THOSE PORTIONS THEREOF WHICH LIE WITHIN THE . PLAT OF ALDERBROOK GOLF AND YACHT CLUB ESTATES DIVISION NO. 3 AS PER PLAT RECORDED IN VOLUME 7 OF PLATS, PAGES 3 TO 6, BOTH INCLUSIVE, RECORDS OF MASON COUNTY,WASHINGTON. AND EXCEPTING THEREFROM ANY PORTION LYINGWEST OFA LINE BEGINNINGAT THE NORTHERLY LINE OF THE PLAT OF ALDERBROOK GOLF AND YACHT CLUB ESTATES DIVISION NO. 3,AS PER PLAT RECORDED IN VOLUME 7 OF PLATS, PAGE 3 TO 6, BOTH INCLUSIVE, RECORDS OF MASON COUNTY, WASHINGTON; THENCE NORTHERLY ALONG SAID LINE RUNNING. PARALLEL WITH AND 150 FEET WESTERLY OF THE CENTERLINE OF ALDERBROOK CREEK TO A POINT ON THE NORTH LINE OF SECTION 4, TOWNSHIP 21 NORTH, RANGE 3 WEST, W.M., MASON COUNTY,WASHINGTON, AND THE TERMINUS. AND EXCEPTING THEREFROM THE FOLLOWING: COMMENCING AT THE NORTH QUARTER CORNER'OF SECTION 4, TOWNSHIP 21 NORTH, RANGE 3 WEST, W.M., MASON COUNTY, WASHINGTON; THENCE NORTH 88°13'15"WEST, ALONG THE NORTH LINE SAID SECTION 4, 61.67 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 88°13'15" WEST 240.00 FEET; THENCE SOUTH 01°46'45" WEST 85.00 FEET; THENCE SOUTH 88°13'15" EAST 240.00 FEET; THENCE NORTH 01 046'45" EAST 85.00 FEET TO THE TRUE POINT OF BEGINNING; TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL: THE SOUTH ONE HALF OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 21 NORTH, RANGE 3 WEST,W.M., MASON COUNTY,WASHINGTON, EXCEPTING THEREFROM, ALL THOSE PORTIONS THEREOF WHICH LIE WITHIN THE PLAT OFALDERBROOK GOLF AND COUNTRY CLUB,AS PER PLAT RECORDED IN VOLUME 6 OF PLATS, PAGE 15 TO 18, BOTH INCLUSIVE, RECORDS OF MASON COUNTY, WASHINGTON; AND EXCEPTING THEREFROM, ALL THOSE PORTIONS THEREOF WHICH LIE WITHIN THE PLAT OF ALDERBROOK GOLF AND YACHT CLUB ESTATES DIVISION NO. 1,AS PER P LAT RECORDED IN VOLUME 7 0 F P LATS, PAGES 3 6 A ND 37, R ECORDS OF MASON COUNTY, WASHINGTON. AND EXCEPTING THEREFROM, ALL THOSE PORTIONS THEREOF WHICH LIE WITHIN THE PLAT OF ALDERBROOK GOLF AND YACHT CLUB ESTATES DIVISION NO. 3 AS PER PLAT RECORDED IN VOLUME 7 OF PLATS, PAGES 3 TO 6, BOTH INCLUSIVE, RECORDS OF MASON COUNTY,WASHINGTON AND EXCEPTING THEREFROM,ALL THAT PORTION THEREOF PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF BEACH DRIVE AS SHOWN ON THE PLAT OF ALDERBROOK GOLF AND YACHT CLUB ESTATES DIV. THREE, VOLUME 7 OF PLATS, PAGES 3 TO 6, BOTH INCLUSIVE, RECORDS OF MASON COUNTY, WASHINGTON, NORTH 12°22'24"WEST 20 FEET AND SOUTH 77037'36" WEST, 157.21 FEET FROM THE NORTHEAST CORNER OF LOT 12H OF SAID PLAT; THENCE SOUTH 12022'24" EAST, ALONG SAID WESTERLY LINE OF BEACH DRIVE, 85 FEET; THENCE NORTH 78008'44"WEST, 109.66 FEET; THENCE NORTH 45°06'31" WEST 83.22 FEET; THENCE NORTH 35°44'56" EAST, 194.74 FEET, TO SAID WESTERLY LINE OF BEACH DRIVE; THENCE SOUTH 12022'24" EAST, ALONG SAID WESTERLY LINE, 160 FEET, TO THE POINT OF BEGINNING. AND EXCEPTING THEREFROM, ALL THOSE PORTIONS OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 21 NORTH, RANGE 3 WEST, W.M., MASON COUNTY, WASHINGTON, WHICH LIE WESTERLY OF THE WESTERLY LINE OF THE PLAT OF ALDERBROOK GOLF AND YACHT CLUB ESTATES DIVISION NO. 3 AS PER PLAT RECORDED IN VOLUME 7 OF PLATS, PAGES 3 TO 6, BOTH INCLUSIVE, RECORDS OF MASON COUNTY, WASHINGTON AND NORTHERLY OF THE NORTHERLY LINE OF THE PLAT OF ALDERBROOK GOLF AND COUNTRY CLUB, AS PER PLAT RECORDED IN VOLUME 6 OF PLATS, PAGE 15 TO 18, BOTH INCLUSIVE, RECORDS OF MASON COUNTY, WASHINGTON. AND EXCEPTING THEREFROM THEFOLLOWING: THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 21 NORTH, RANGE 3 WEST, W.M., MASON COUNTY, WASHINGTON, LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 4; THENCE W EST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER A DISTANCE OF 400.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTHWESTERLY TO THE NORTHERNMOST CORNER OF LOT 18OFTHE RE-PLAT OF ALDERBROOK GOLF AND YACHT CLUB ESTATES, DIVISION ONE, AS RECORDED IN VOLUME 7 OF PLATS, PAGE 36, RECORDS OF MASON COUNTY, WASHINGTON, THENCE SOUTHERLY, ALONG THE NORTHEASTERLY AND SOUTHEASTERLY LINES OF SAID LOT 18, TO THE SOUTHERLY LINE OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER,AND THE TERMINUS OF THIS DESCRIBED LINE. ALSO,TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL: THAT PORTION OF THE NORTH ONE HALF OF THE SOUTHWEST QUARTER AND THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 21 NORTH, RANGE 3 WEST, W.M WHICH LIES NORTHERLY OF LOT 45, ALDERBROOK, GOLF AND COUNTRY CLUB, AS PER PLAT RECORDED IN VOLUME 6 OF PLATS, PAGES 15 TO 18, BOTH INCLUSIVE, RECORDS OF MASON COUNTY, WASHINGTON AND WESTERLY OF LOT 8, A LDERBROOK GOLF A ND YACHT CLUB ESTATES RE-PLAT- DIVISION ONE, VOLUME 7 OF PLATS, PAGES 36 AND 37, RECORDS OF MASON COUNTY,WASHINGTON. ALSO TOGETHER WITH THAT PORTION OF THE NORTH ONE HALF OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 21 NORTH, RANGE 3 WEST, W.M WHICH LIES NORTHERLY OF LOTS 11, 14, 15, AND 16 OF THE PLAT OF ALDERBROOK GOLF AND YACHT CLUB ESTATES RE-PLAT- DIVISION ONE,VOLUME 7 O PLATS, PAGES 36 AND 37, RECORDS OF MASON COUNTY,WASHINGTON. ALSO TOGETHER WITH THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 21 NORTH, RANGE 3 WEST, W.M WHICH LIES WESTERLY OF LOT 35H OF THE PLAT OF ALDERBROOK GOLF AND YACHT CLUB ESTATES DIV. THREE, VOLUME 7 OF PLATS, PAGES 3 TO 6, BOTH INCLUSIVE, RECORDS OF MASON COUNTY, WASHINGTON. MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Lydia Buchheit DEPARTMENT: Community Services-Public Health EXT: 404 BRIEFING DATE: 3/2/20 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal ❑ Other— please explain ITEM: Discussion with Homes First regarding low-income Veteran Family Duplex at 414-416 S. 7th Street, Shelton EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): Homes first has shared they have had some difficulty finding appropriate tenants and would like to make the property"Veteran Preferred" rather than for Veteran Families. Tenant Eligibility and Rent guidelines discussion to assure the units are truly permanent supportive housing for low-income veterans. BUDGET IMPACT: None PUBLIC OUTREACH:(include any legal requirements, direct notice,website, community meetings, etc.) NA RECOMMENDED OR REQUESTED ACTION: Decision regarding how to best keep unit affordable for Mason County veteran families. ATTACHMENTS: Homes First Annual Reports Homes First Fiscal documents re: duplex Homes First Contract Amendment 1 Briefing Summary 2/26/2020 Homes First Creating&Maintaining Safe,Healthy l &Affordable Rental Homes A 501(c)(3)Nonprofit Annual Report 2016 Mason County Housing i I I i v I I I I I 1 Trudy Soucoup, CEO Homes First—5203 Lacey Blvd,SE,Ste.A, Lacey,WA 98503 T:360-236-0920 DD:360-915-7513 E:ceo@homesfirst.org ►! , � ,� Annual Report tl 0.41F5 ii;157 2016 1 2 Executive Summary Writing this piece for our annual impact statement is one of our favorite things to do at this time of year. It helps us celebrate our achievements,recognize our successes,and refocus our thoughts on the impact Homes First can have in the year to come. One of our biggest and most exciting achievements in 2o16 was our move into Mason County.With an invitation and funding committed from Mason County and City of Shelton officials and a matching capital budget request from Rep. Dan Griffey,we were able to purchase and rehab a duplex and a single family home. Both of these properties are specifically being used to serve veterans.The duplex is now a home for two veteran families and the home has been converted into a shelter for homeless male veterans. We look forward to working with our friends in Mason County to continue to grow the housing resources your community needs. CONTENTS Executive Summary 2 2016 - What Got Done 3 Homes First Mission 3 What We Do 3 Partnerships—The Glue That Holds Us Together 3 2017 - And Beyond 4 Why Move to Mason County? 4 Vs.z 03.01.17 Annual Report BOa,fS IIRST 2016 1 3 2016 - What Got Done In late 2o15, Homes First was approached by a group of stakeholders in Mason County to hear about how Homes First works and how our model might be replicated for your citizens. After that initial meeting,we were encouraged to apply for funds from Mason County and the City of Shelton to acquire and rehab properties specifically for veterans. Around that time, Representative Dan Griffey offered to support an application by Homes First to have a Washington State General Budget Allocation of$200,000 to support the project. --------------------------------—— — ---------------------------------------------— —— Homes First Mission k ® ® ~ a o { f3 � a ��r QCT. _ -----------—---——-- --——— —— ---— — — — — —— — — — ——— E_— What We Do ® APPLICATION Homes First is a property February 2016 ' a Safer, developer and manager. We ' make it possible for service - RELEASE OF FUNDS providers not to be property August 2o16 managers. The basis for our Support - AQUISITION mission is creating and Tenants maintaining homes. Our goal is August/Septemberzol6 to get people in and keep people & REHABILITATION in safe,healthy,and affordable Create& September—December zo16 homes. In many cases,this Maintain means matching our tenants Homes ® OCCUPANCY with services so they can be Duplexes—October zol6&February 2017 successful. In Mason County, the services are key to the Shelter—TBA—still seeking service provider shelter being successful. All new projects are challenging. It is —— -- — —---— ——— ---- — -----------------------— extra challenging to move into a new Partnerships - The Glue That Holds Us Together county and to learn how the new — — --------------—-----— — — --— --——— —— — governments and service providers Home First depends on its service-provider partners to make many of our work. In this case,having a staff projects successful. This is evident especially in our move into Mason County. turnover at the City of Shelton added When we began this project,we had a volunteer advocate on the team an extra layer of complexity to the working to ensure the shelter would have the services it needs. We also had process another local large nonprofit stepping forward to partner with us. Our Homes First staff continues to learn original hope,was to have the shelter located next door to permanent how best to work within the current supportive housing in the duplex(PSH). Men would be able to get their systems,including the permitting emergent needs met in the shelter and move to the PSH or into other housing process. as available. Things did not go according to plan! Our volunteer chose, Homes First Project Developer attends before we even closed on the property,to discontinue his involvement with the monthly Housing Coalition meeting the project. In addition,the nonprofit service provider could not find the to meet potential service partners. funds needed to operate the shelter. Both ofthese situations,although very The permitting system has also been disappointing,are not deal breakers. It is taking us longer however,to find challenging. Final permits forthe tenants and providers. As of os.31.s7,one ofthe duplex units is occupied by a shelter demolition were issued on veteran family,and we have another family in the application process for the 09.2g.16 but remodel permits for the other duplex unit. Without service providers,it is not possible for Homes First shelter were received on 12.27.16. This to put a group of single men in either of those units. We continue to seek a made the process a little slowerthan partner on the shelter project. Todd Parker,from Mason County Housing,is we were accustomed. actively involved in that process. -- --------------------------- ---------- Vs.2 03_01_1 — — — Annual Report 2016 1 4 FUNDING SOURCES Et USES Duplex/Veteran Families Single Family Home/Veteran Shelter MASON COUNTY 50,000 50,000 WA STATE 125,000 74,82o HOMES FIRST MORTGAGE 40382 68,915 HOMES FIRST OPERATING- 0 3,468 INITIAL TOTAL COST-AQUISTION Ft 215,382 197,203 Ongoing Costs include principle& REHAB interest payments and all property HOMES FIRST OPERATING- 1o,go6 6,467 maintenance and operating costs. ONGOING Homes First is committed to providing safe,healthy and affordable homes. We address any maintenance issues quickly and ensure that all our properties are at local code standards and above. We also try to keep rent at 30%of local median income for people living between 30&5o%AMI. The rent at the duplex is$600 a month a three bedroom unit. The rent for the shelter will be$750 per month. The service provider will pay that or determine what if any rent will be shared by the tenants at the shelter. 2017 - And Beyond In 2017,we are refocusing our energies on re-developing our strategic plan. We have dynamic new board members who have energy and commitment to serving the community. They will be the leaders who ensure that Homes First is ready for the changing landscape of affordable housing and ensure we continue to provide the most basic of necessities to our neighbors-a safe,healthy,and affordable home with a landlord who treats them with dignity and respect. Because you are reading this report,we know you are already a supporter of affordable housing and Homes First. In 2017, we invite you to reach out to us and find new ways to engage in our mission and make Thurston and Mason Counties an affordable place for all of us to live. Why Move to Mason County? People ask us why we have moved into Mason County when there is still such need in Thurston County. According to an article in the January,03,2017 Olympian,two out of every three kids in Shelton live in poverty. We know we can help change that. About 66 percent of the district's nearly 4,300 students qualify for free or reduced-price lunches,which is an indicator of poverty.About 325 students were homeless during the 2014-15 school year,the most recent number reported by the state. We look forward to working together as partners with the Cities,County,State and other concerned community organizations to ensure all residents of Mason County have access to safe,healthy,and affordable rental homes when they need them most. Vs^203.01.17 — -- - - Homes First Creating&Maintaining We,Healthy 4 j &Affordable Rental Homes A 501(c)(3)Nonprofit Annual Report 2017 Mason County Affordable Rental Housing d .. le M.K { _ i I Trudy Soucoup,CEO Homes First—5203 Lacey Blvd,SE,Ste.A,Lacey,WA 98503 T:360-236-0920 DD:360-915-7513 E:ceo@homesfirst.org Annual Report 12 Executive Summary In the past two years,we have made tremendous progress in Mason County. We have ensured three low- income Veteran-led households serving 21 people had a safe and healthy home they could afford.We partnered with Crossroads Housing and the VFW to ensure these families were able to successfully maintain their housing. These partnerships are key to our success in Mason County. We are proud of the work we are doing to provide scattered site homes that treat people like citizens ratherthan numbers on an apartment door. The growing support we receive from the Mason County community enables us to reach people who are homeless or at risk of being priced out of their home. In Thurston County,since 2011,we have almost doubled the properties we own and the people we serve every year.We want to work with Mason County to achieve the same results and better serve our neighbors in need. CONTENTS Executive Summary 2 2017 - A Home is the Foundation to Success 3 Homes First's Vision 3 Homes First's Values 3 Homes First Mission 4 Reaching our Full Potential 4 2018 - and Beyond 5 STATISTICS 4 CHALLENGES 4 SUCCESS STORY 5 S AVE THE DATE 6 Page 2 of 6 Annual Report ,111p„f „x„ 2017 1 3 2017 - A Home is the Foundation to Success In 2017,our focus has been on building the relationships needed to actively support the needs of the tenants of our current and future homes in Mason County. In order to accomplish this, Homes First is now a regular and participating member of both the Mason County Housing Coalition and the Shelton-Mason Chamber of Commerce.We are building partnerships with local financial institutions like Peninsula Credit Union and local funders like Green Diamond,as well as with social service providers like Community Lifeline, the United Way, DSHS,Telecare,and many others to ensure ourtenants have the services they need to be permanently housed and have hope for a better future. Homes First's Vision Vibrant communities where everyone has a safe and healthy home they can afford, so that they have hope for a better future. Homes First's Values RESPECT: Instead ofjudging people by their past,stand by them and help them build their future.Treat them with respect and value the work it has taken for them to survive. DIGNITY: Show each tenant that they are valued and worthy of being treated well,regardless of their past history. EQUITY: When we treat all tenants the same,they can believe that we want the best for them and understand our expectations and the outcomes.We make sure that people have privacy when they need and want it. PERSONAL RESPONSMILI Life is full of choices.Some are made for us and some we make for ourselves.We encourage tenants to choose to be the creator of their own destiny,seek solutions,and take positive actions so they can find and retain a home.We work to empower people to make life sustaining choices. PARTNERSHIPS: Rather than being the answer to all our tenants'needs,we seek to partner with other groups to'share the load'. Community partnerships include the formal and informal community connections,collaborative projects,and relationships that address tenant's needs and goals. COMMUNITY: Building ongoing long-term relationships with organizations which complement our program and meet the needs of our tenants is a powerful community development strategy.It makes a network of services to make our community stronger. Page 3 of 6 - -- - - --------- ---- - . Jr; �r ; Annual Report k„ 2017 1 4 Homes First Mission STATISTICS What We Do - HOUSED: Homes First is a property z-People developer and manager. We 4207"'Veterans =4-one has moved to make it possible for service permanent providers not to be property 414li67`hVeteran-Led Families=3—one managers. The basis for our • has moved to another community Buila Safer mission is creating and Communiity A SERVICE CONNECTIONS: maintaining homes. Our goal is to get people in and keep people Support•• • PACEMAKER CONSULTING in safe,healthy,and affordable Tenants • SUPPORTIVE homes. In many cases,this SERVICES FOR VETERANFAMILIES(SSVF) means matching our tenants VETERANS ASSISTANCE FUND with services so they can be • successful. n Mason County • CROSSROADS HOUSING services are key to success ousm •ro'ect . Without HomesCHALLENGES service support,tenants are less - - "`----`-- -"�---"---�' likely to remain successfully In September 203.7,Keith Looker from housed,find housing that is Pacemaker Consulting agreed to available when it is available or attempt to manage the Veterans' connect with the other Shared Home at 420 71h resources they need to remain According to his reports,largest successfully housed. challenge is receiving sufficient -----------------_---_-- - .. ___-_ -- ---_--_-_- communication about potential Reaching our Full Potential tenants in order to connect and qualify - - them for the available units.He will be Housing is the foundation that can change everything for someone. We have given a name but nothing more on 28 years of successful tenants to prove that our model works. While we have how to connect with them.He made great strides,the potential for greater impact is higher than ever. continues to reach out to a variety of groups who serve Veterans but is not • Demand continues to rise for family housing. Everyweek,we are receiving referrals.4 contacted by dozens of people in Mason and Thurston Counties which When new tenants do qualify,they are we cannot serve because our units are full. coming to the home without having • Homes are available for purchase.Many homeowners seek us out to any connections made to provide buy their homes because they would like to see their properties used for them income to pay rent or sustain affordable housing market rather than redeveloped as market rate their lives on an ongoing basis. housing.Right now,we know of io properties available for purchase. • We are unable to take advantage of the available housing to meet Homes First continues to seek a local the growing need.In orderto purchase those homes,we need a service provider who will take on this mortgage low enough to keep our rents low along with grants, home as we strongly believe the donations,and public funds to supplement the purchase and project will be more successful and rehabilitation costs. Although individual donations continue to increase easier to maintain if a local provider to our program,grants and public funds are decreasing. commits to it as was originally intended. Together,we can do more.We want to serve more people and can do so In the duplex,one unit has remained with the growth of supporters who value what we do-create and maintain consistently filled since it was first safe,healthy,and affordable rental homes for those who need them most. occupied. The other unit has a three month period of vacancy but with the ---- ----------- ----- - ---------- -------- ---- I----- Page 4 of 6 _._. .-__..._.-._.._ _ -- _ Annual Report 2017 1 5 Thank you for all of your support—it is making a difference in the lives of support of Crossroads Housing,has almost 300 people every year. We are making inroads,and we ask for your remained fully occupied since 203-7. continued support to reach our full potential and make our region a place It is our plan to apply for a Project where everyone can live in a home that is affordable for them. Based Voucher from the Mason 2017 INCOME It EXPENSE }not audited County Housing Authority to support - -""-- ---- ---- eh families in these units in 2o3-8. INCOME 414-4167`h 420-7th NOTES RENTAL 11,927 1,500 SUCCESS STORY EXPENSE i PROPERTY 9,581 13,534 includes mortgage, utilities etc. PROGRAM SUPPORT 326.5o 326.5o mileage OPERATING SUPPORT 9,720 9,720 perationalch of s operational costs TOTAL PROPERTY 8 OPERATIONS. <7,700.50> <22,080.5o> Homes First needs a solution to this unsustainable income imbalance. - Homes First is committed to providing safe,healthy and affordable homes. We address any maintenance issues quickly and ensure that all our properties are at local code standards and above. We also try to keep The Bell Familv: rent at 30%of local median income for people living between 30&SO% Can you imagine living in a home, AMI. The rent at the duplex is$65o-S75o a month per three bedroom unit. paying your rent every month and then The rent for the shelter is$750 per month. At the shelter,the service finding out that you were being kicked provider determines what if any rent will be shared by the residents. out from no fault of your own? As in all Homes First properties,everyone pays rent.It is the only way for This is exactly what happened to the Bell family. us to be able to maintain the homes in the affordable housing market in perpetuity. Dad found Homes First during the Veterans'Stand Down atthe VFW in In 203-8,we will be applying for a Project Based Voucher subsidy from the Shelton. He shared his story of how he Housing Authority for the duplex to help defray the costs for the families had been paying his rent on time every and to supplement our income so we are not supporting these projects month only to find out that the owner from our Thurston County operations. of the property was accepting his money but not paying the mortgage. In ®� 'Q id ��d Beyond fact,the owner was taking the money and moving to Hawaii!Our partners at the VFW hall contacted Homes First In 2o3-8,we focusing on building the relationship necessary for adding more and assisted the family of six to move homes to the affordable housing market in Mason County. This includes local into our affordable duplex. service providers who can manage shared housing for unrelated adults and Now Mom&Dad both have jobs,have possibly youth. We are reaching out to local area philanthropists and regional a safe and healthy home fortheir funders in order to bring more funds to bare for acquisition and rehab. children and can afford their rent. They With the Quixote II project well on its way,it looks like Mason County also know their landlord will treat them Veteran homeless will soon be at functional zero. Homes First is working with dignity and respect and never with the Mason Housing Coalition to determine where we can best bring cheat them out of their hard earned our resources and influence to bear to address other needs in the wages. affordable housing market. We will continue to work with community "I never want to have another landlord stakeholders to help solve the most foundational of challenges- than Homes First,"says Dad."I trust affordable homes. them to treat me and my family right." 11---_----------------.-..------------------ ---------__.........------._..__. ------------------------ ._.-..... .......-------------------------------------------- Page 5 of 6 �ijl Annual Report 110.1� „k„ 2017 1 6 PROUD MEMBERS OF: V, South Sound Nirtners hilanthropy �PBiviaR.ot6 WASHINGTON LOW INCOME Housing Alliance 1 1 .� # i LACEY SOUTH SOUND CHAMBER chamber i i ":MASON COUNTY BOARD OF DIRECTORS Rim as of 3.2.31.2017 National Community Russ Carstensen, Stabilization Trust President Rep. Andrew Barkis VMMA Annal Joury, Beth Brown Vice President Steffany Brown of Washington Chris Lester Sarah Koch, Treasurer Sarah Reynierse WA Hallee Starborn TNURSTON COUNTY k Landlords Secretary Kevin Sparks, KoreyTwombly CHAMBER Association Building Prosperity[a Lacey•Olympia•Tumivater —— — ------------------------------------------------------------- S AVE THE DATE - -------------- -- ----------------- -----------------------------------------------..-------- - ------------------- STH ANNUAL HEROES FOR H 0U S I IN SEPTEMBER 121 2018 Page 6 of 6 Homes First Creating&Maintaining Safe,Healthy &Affordable Rental Homes A501(c)(3)Nonprofit ANNUAL REPORT 2018 Mason County Affordable Rental Housing I r , _ • M1 ' t q xy F Trudy Soucoup,CEO Homes First-5203 Lacey Blvd,SE,Ste.A, Lacey,WA 98503 T:360-236-0920 DD:360-915-7513 E:ceo@homesfirst.org 11 Annual Report 2018 12 Executive Summary Successful partnerships are key to our ability to provide permanent and healthy homes in Mason County. Social service resources are key to the ability of Mason County residents to find the support they need to remain stably housed and healthy.We want to work with Mason County to identify gaps in both housing availability and service providers. More units and more services will make it possible for those who have the biggest barriers to overcome, to find and retain a safe and affordable home. Contents Executive Summary 2 2018 - It Takes a Community 3 Homes First's Vision 3 Homes First's Values 3 Homes First Mission 5 Reaching Our Potential 5 2019 - and Beyond 6 STATISTICS 5 CHALLENGES 5 FAMILY STORY 6 S AVE THE DATE 7 Page 2 of 7 - 011 � Annual Report 201$ 13 2018 - It Takes a Community In 2oi8, our focus was on continuing to build the relationships needed to actively support the needs of the tenants of our current and future homes in Mason County. Homes First is a landlord. We do not provided case management or other social services. However,overthe 29 years of our work,we have formed many relationships in Thurston County which help our tenants have the permanent supportive housing they need to be successful in their lives. Since embarking on our partnership with Mason County in 2015,we have been working on establishing the same kinds of relationships with local area service providers and the County itself, in orderto make our model work. This has been a challenging endeavor. In orderto accomplish this, Homes First is now a regular and participating member of both the Mason County Housing Coalition and the Shelton- Mason Chamber of Commerce.We are building partnerships with local financial institutions like Peninsula Credit Union and local funders like Green Diamond,as well as with social service providers like Community Lifeline,the United Way, DSHS,Telecare, and many others to ensure ourtenants have the services they need to be permanently housed and have hope for a better future. Homes First's Vision Vibrant communities where everyone has a safe and healthy home they can afford, so that they have hope for a better future. Homes First's Values RESPECT: Instead ofjudging people by their past,stand by them and help them build theirfuture.Treat them with respect and value the work it has taken for them to survive. DIGNITY: Show each tenant that they are valued and worthy of being treated well,regardless of their past history. EQUITY: When we approach each tenant with a lens to what they need individually to be successful,they can believe that we want the best for them. They will also better understand our expectations and the outcomes. We make sure that people have privacy when they need and want it. We treat them as our equals and try to connect them to support systems they might need to be autonomous, independent and involved in their local community. PERSONAL RESPONSIRILI Life is full of choices.Some are made for us and some we make for ourselves.We encourage tenants to choose to be the creator of their own destiny,seek solutions,and take positive actions so they can find and retain a home.We work to empower people to make life sustaining choices. Page 3 of 7 Annual Report 201814 PARTNERSHIPS: Rather than being the answer to all our tenants'needs,we seek to partner with other groups to`share the load'. Community partnerships include the formal and informal community connections,collaborative projects,and relationships that address tenant's needs and goals. COMMUNITY: . Building ongoing long-term relationships with organizations which complement our program and meet the needs of our tenants is a powerful community development strategy.It makes a network of services to make our community stronger. AC Fr _ 4.•tif '�� h /fir `(` �! \��' - T�� - Volunteer Group from Studio West Dance Academy Page 4 of 7 — - - --- -- ------ ----------- --- -- Annual Report 2018 1 5 Homes First Mission STATISTICS { What We Do - - - - - Homes First is a property ® HOUSED: developer and manager. We A People make it possible for service 420 71h Veterans =housed 4 providers not to be property individuals managers. The basis for our 414/16 71h Veteran-Led Families=2 mission is creating and families(total of 13 people) maintaining homes. Our goal . ... - O SERVICE CONNECTIONS: is to get people in and keep �•mmu people in safe,healthy,and Crossroads Housing affordable homes. In many SupportCHALLENGES cases,this means matching Tenants our tenants with services so — - they can be successful In October 2o18,Keith Looker from ason Count' services ar Y, Pacemaker Consulting declined to ey to successful MousinMaintain renew his contract to manage the ro'ects withI Homes First L Homes Veterans'Shared Home at 420 S7tn Without service support, tenants are less likely to 2 Despite repeated attempts by both remain successfully housed, Keith and Homes First staff to reach find housing that is available out to a variety of Mason-based when it is available or connect groups who serve Veterans,stable with the other resources they need to remain successfully referrals were not happening for housed. people who were capable of sharing a home without intensive service Reaching Our Potential provision. Because of the inability to find Your Investment: providers, Homes First has had to • In 2015, Mason County invested $1oo,000. leave the unit empty while we work • Homes First acquired a further$200,000 grant from the with Mason County staff to find a Department of Commerce and a mortgage from Olympia Federal solution for best use of the home. Savings Bank for s1o6,437 Your Return: In the duplex,both units have • 20 low income citizens of Mason County housed in a safe, remained consistently filled in 2o18, healthy,and affordable home,since 2o16. with assistance from Crossroads • Three units of housing guaranteed to be affordable in perpetuity. Housing who provided support for one of the families. Through your partnership with Homes First you are providing affordable We reached out to the Mason homes for your citizens at a time with we are in a state-wide housing Housing Authority in 2o18 to acquire crisis,without any of the responsibility of being a landlord. Mason County is not in the business of being a landlord; Homes First is. Project Based Voucher to support the families in these units. Cost studies in a number of different states and cities have found that Unfortunately,they still do not have supportive housing reduces tenants'use of emergency services, medical any available forthe foreseeable detox and sobering services,and in-patient admissions, resulting in future. Page 5 of 7 IIIA� �� Annual Report 2018 1 6 significant reductions in healthcare costs.Additionally supportive housing FAMILY STORY produced estimated public sector net benefits of s3.,3.90 per resident per month,with reduction in the use of health services,including inpatient hospitalizations,emergency response and emergency department The unfortunately reality of services accounting forthree quarters of the savings. In Washington providing low-income/affordable State,according to the Affordable Housing Advisory Board,50 percent of supportive housing tenants experienced improved health status,4.3 housing is that not all stories have a percent had better mental health outcomes,and 3.5 percent reduced their happy ending. use of illicit substances. The Smith family moved into the Housing is the foundation that can change everything for someone. We duplex unit in September 203.7, and have 29 years of successful tenants to prove that our model works. While have continued to struggle to pay we have made great strides,the potential for greater impact is higher rent and find services they need to than ever. remain stable. Together,we can do more.We want to serve more people and can do so with the growth of supporters who value what we.do-create and Dad has had multiple jobs over the maintain safe, healthy,and affordable rental homes forthose who need time period he has been a tenant them most. with Homes First. Although he is 2018 Income Et Expense *not audited willing to find work, he is having a -- - — --- - -- --- - challenge retaining it. INCOME 414-4,167`' 420-7th NOTES RENTAL 15,72s_ 7,500 This is one of the defining features EXPENSE of being poor in America today.And PROPERTY 12,413 1o,812 includes mortgage, financial instability exacerbates utilities etc.--- housing instability. PROGRAM SUPPORT 37S 375 mileage OPERATING SUPPORT 11,953 11,953 1142^'oftotal HF Crossroads Housing has been operational costs supportive of this family in many TOTAL PROPERTY Et OPERATIONS <9,o16> <15,640> Homes First needs a solution to this areas. In fact we would say their unsustainable income imbalance. support has been pivotal in our efforts to keep the family housed. 2019 - and Beyond Disappointingly, the Smiths In 2osg,we will continue to focus on building the relationship continue to struggle to maintain a necessary for adding more homes to the affordable housing healthy home and income to market in Mason County. This includes local service providers support the family's basic needs. who can manage shared housing for unrelated adults and There are few other available possibly youth. We have been working with the leaders at the resources for them in Shelton which Peninsula Credit Union, including participating in their leads us to believe that they will Workforce Housing Summit in January 20s9. We hope to see continue to struggle. some progress in the ability of local philanthropic groups and the local service providers to support more brick and mortar Homes First will work with affordable homes in the near future. Crossroads or other organizations to address emergent needs. Page 6 of 7 - ------- ----- - .. _... 115,fix Annual Report 1101111 201817 ------- -- ------------------------------------------------- ----------------- -- -------— --------------- PROUD MEMBERS OF: South Sound PartnersPY b Philanthr WASHINGTON LOW INCOME Housing Alliance LACEY SOUTH SOUND CHAMBER chamcler MASON COUNTY BOARD OF DIRECTORS as OfI2.31.2018 National Community Arnal Joury, Leatta Dah1hoff Stabilization Trust President Nate Peters Chris Lester, Aaron Rodriguez of Washington Vice President Jeannine Roe Kai Neizman, Kevin Sparks WA Treasurer THURSTON COUNTY Landlords Hallee Starborn Sar-ah Reyneirse CHAMBER Association Ouilding Prosperity In Mary Roberts, Lacey-Olympia-Tumwater Co-Secretary S AVE THE DATE 6TH ANNUAL HEROES FOR HOUSINC03' SEPTEMBER 11, 2019 RSVP: HEROESPHOMESFIRST.ORG Page--7 of-7--------- Homes First Creating&Maintaining Safe,Healthy &Affordable Rental Homes A 601(C)(3)Nonprofit ANNUALREP %r.%.P 'rT 2019 Mason County Affordable Rental Housing j w Trudy Soucoup,CEO Homes First—5203 Lacey Blvd,SE,Ste.A, Lacey,WA 98503 T:360-236-0920 DD:360-915-7513 E:ceo@homesfirst.org 11 AnnUat Report 11OUTS IIRST 2019 I L (I I This Page Intentionally Left Blank IM ,+ Annuat Report ` II ONIS 11 AS 2019 I 3 Executive Summary Successful partnerships are key to our ability to provide permanent and healthy homes in Mason County. Social service resources and relationships built on trust are key to the ability of Mason County residents to find the support they need to remain stably housed and healthy.We want to continue to work with Mason County to identify gaps in both housing availability and service providers. More units and more services will make it possible for those who have the biggest barriers to overcome,to find and retain a safe and affordable home. Contents Executive Summary 3 2019 - The Road to Success is Not Always Smooth 4 Homes First's Vision 4 Homes First's Values 4 Homes First Mission 6 Reaching Our Potential 6 2020 and Beyond 7 STATISTICS 6 CHALLENGES 6 FAMILY STORY 7 SAVE THE DATE 8 ------------- ..... - -. .-...... . . _. . . .r Annual Report 2019 1 4 11 0 M i S (IRS T 2019 - The Road to Success is Not Always Smooth In zosg, our focus was on finding a service provider to ensure that all tenants of our current homes in Mason County could be successful. As a nonprofit property owner and manager,we do not provide case management or other social services.However,during the last 30 years of our work,we have formed many relationships in Thurston County,which help our tenants have the permanent supportive housing they need to be successful in their lives. Since embarking on our partnership with Mason County in zozS,we have been working on establishing the same kinds of relationships with local area service providers and the County itself, in order to make our model work. This has been a challenging endeavor. In the first half of 2oig, Homes First participated actively in both the Mason County Housing Coalition and the Shelton-Mason Chamber of Commerce.Due to staffing changes,we were unable to sustain this participation in the second half of the year. We continue to work on building partnerships with local financial institutions like Peninsula Credit Union and local funders like Green Diamond,as well as with social service providers like Community Lifeline,the United Way, DSHS,Telecare,and many others to ensure our tenants have the services they need to be permanently housed and have hope for a better future. Homes First's Vision Vibrant communities where everyone has a safe and healthy home they can afford, so that they have hope for a better future. Homes First's Values RESPECT: Instead of judging people by their past,we stand by them and help them build their future.Treat them with respect and value the work it has taken forthem to survive. DIGNITY: We show each tenant that they are valued and worthy of being treated well,regardless of their history. EQUITY: When we approach each tenant with a lens to what they need individually to be successful,they know that we want the best for them. They will also better understand our expectations and the outcomes. We make sure that people have privacy when they need and want it. We treat tenants as our equals and try to connect them to support systems they might need to be autonomous,independent and involved in their local community. fW iama �'�Y"oZ7 � •` rJVe 1,1 Yj 44 r r r r r r • r • • L r • r Annual Report „0M(1 „RST 20.19 1 6 Homes First Mission ' STATISTICS What We Do i__.__ Homes First is a property ♦ HOUSED: developer and manager. We 17 People make it possible for service 4-2o 714 Veterans=empty providers not to be property 414!16 71h Veteran-Led Families=2 managers. The basis for our families(total of 12 people)PLUS mission is creating and family of five who left. maintaining homes. Our goal A SERVICE CONNECTIONS: is to get people in and keep u Crossroads Housing people in safe,healthy,and affordable homes. In many CHALLENGES cases,this means matching i our tenants with services so ---- they can be successful. _ When an organization takes on ason Coin ty,se ices a e housing the people who have the cyto successful nLusl nicl hardest time finding and retaining a ,roje=ts with Homes First: home,sometimes the stories do not Without service support, have a happy ending. The Smith tenants are less likely to Family who resided at 416 S 7th is one remain successfully housed, of those unfortunate stories. find housing that is available when it is available or connect Starting in February of 2019,the with the other resources they family started having multiple need to remain successfully challenges. They couldn't pay their housed. rent and they couldn't take care of their unit-two necessities to remain Reaching Our Potential in a Homes First home. Your Investment: Leah,the Homes First Tenant • In 2015,Mason County invested saoo,000. Services Navigator at that time, • Homes First acquired a further$200,000 grant from the worked with them and tried to find Department of Commerce and a mortgage from Olympia Federal them connections in Shelton to help Savings Bank for$1o6,437 Total Investment=$406,437 for them with both problems. By April, acquisition&rehab. it was apparent that the family was Your Return: beyond what Homes First, • 26 low-income citizens of Mason County housed in a safe, Crossroads Housing,and CPS could healthy,and affordable home,since 2o16. do for them. • Three units of housing guaranteed to be affordable in perpetuity. A safety check was completed and Through your partnership with Homes First you are providing affordable the home had been so completely homes for your citizens at a time with we are in a state-wide housing neglected that we were in fear for crisis,without any of the responsibility of being a landlord. Homes First is the health and safety of their a property owner and manager and we allow service providers to have a children. We let the parents know home to place their clients while not being a property manager themselves. We use HUD guidelines to direct our best practices in how that we would have to report the we manage our properties.In that way,each tenant is treated equitably. situation to CPS. The next day the ------------------------ - - --- - Annual Report uowrs riRsr 2019 1 7 con't from p.5 Reaching Our Potential,con't family was gone,never to return to Cost studies in a number of different states and cities have found that the unit. supportive housing reduces tenants'use of emergency services,medical $11,263 later,the unit had been detox and sobering services,and in-patient admissions,resulting in completely rebuilt inside and in significant reductions in healthcare costs.Additionally supportive housing produced estimated public sector net benefits of$1,190 per resident per September we moved in a new month,with reduction in the use of health services,including inpatient family of five. Read below for the hospitalizations,emergency response and emergency department hopeful story for the new family services accounting forthree quarters of the savings.In Washington story. State,according to the Affordable Housing Advisory Board,5o percent of supportive housing tenants experienced improved health status,43 FAMILY STORY percent had better mental health outcomes,and 15 percent reduced their use of illicit substances. Housing is the foundation that can change everything for someone. v Baby D-first baby Homes First has 30 years of successful tenant stories that prove that our born in Thurston model works. While we have made great strides,the potential for greater -=" County in 2020! impact is higher than ever. l Together,we can do more.We want to serve more people and can do so James and Rebecca D,and their two with the growth of supporters who value our mission to create and children, ages four and two moved maintain safe,healthy,and affordable rental homes for those who need into one of our units in September them most. 2019. James, an honorably discharged 2019 Income &t Expense 'notaudl[ed - -- - ------------- -- --- — - Navy Veteran and his family were INCOME 4i4-y167'h 420-7th NOTES homeless in Mason County for four RENTAL 8 FEES 14,389 0months over the summer of 2o19. EXPENSE _---------......-. They were thrilled when a friend PROPERTY 20r771 8189 includes mortgage, utilities etc. told them about a housing PROGRAM SUPPORT 1,78 o mileage opportunity with Homes First. OPERATING SUPPORT 14x694 14,694 1146thoftotal HF After a quick and easy application operational costs ----- process,they moved into one of the TOTAL PROPERTY 6t OPERATIONS <21j5SV <2:,883> Homes First needs a solutiontothis three bedroom units in September unsustainable income 2019. Imbalance. 2020 and Beyond On January o1, 2o2o, Rebecca added a new member of the family! In 2o2o,we will continue to focus on building the relationships The first baby born in Thurston necessary to support tenant success in Mason County. This County in 2020! Mom says they includes a new partnership with Mason County Therapeutic couldn't be happier with Homes Courts to use the 420 S 7th property as shared housing for their First.They love living with us-much participants.We will also continue our outreach to local betterthan apartment living.James service providers who can support the tenants in the homes to tells everyone how Homes First have a healthy and happy future. responds quickly to any issues and --_--_.-___.__.,-. -_._ _- __.----_ help them financially, arranging for ------ payment plans when necessary.They finally have hope ` fora better future. r A�`a Annual Report{ 110mr1 I111ST 2019 I ............................................... .... ...._. __. .. .__.._._..___._..._...__ .. .. .. .-----------........................ ..... ..... .. PROUD MEMBERS OF: South Sound Partners ob 64k. d ' Philanthropy �'OB/vfng.osg WASHINGTON LOW INCOME Hous ft Alliance LACEY SOUTH SOUND CHAMBER chamber I ( ti ' BOARD OF DIRECTORS as of 12.31.2019 National Community Amal Joury, Thomasina Cooper Stabilization Trust President Leatta Dahlhoff =�IA Chris Lester, Dannette Molina Washington Vice President Nate Peters Kai Neizman, Aaron Rodriguez WA Treasurer Jeannine Roe THURSTON COUNTY ""€ Landlords Association CHAMBER ' s Fn Kevin Sparks � Mary Roberts, may Secretary Hallee Starborn Lacey•zpla•Tumwarer SAVE THE DATE PA E RO ES FOR HO U S INC SEPTEMBER 16, 2020 RSVP: HEROES@HOMESFIRST.ORG 1� 11:24 AM HOMES FIRST 02/18/20 Accrual Basis Profit & Loss Prev Year Comparison January through December 2019 �'; Oet-Dee 16 Jan-Dec 17 an-Dec 18 Jan-Dee 19 Total 4 years Ordinary Income/Expense Income 3 months 4100000•Rental Income 1,848.03 11,641.50 15,425.00 14,175.00 43,089.53 4400000•Tenant fees collected 315.00 285.00 300.00 214.00 1,114.00 Total Income 2,163.03 11,926.50 15,725.00 14,389.00 44,203.53 Property Expense 5010000• Debt Service 135.75 560.24 588.89 619.01 1,903.89 5020000•Interest Expense 546.31 1,855.48 1,826.83 1,796.71 6,025.33 5030000•Water Sewer Garbage 337.65 3,978.01 4,413.35 3,978.62 12,707.63 5040000• Property Insurance 197.22 810.81 1,052.04 1,052.04 3,112.11 5050000•Yard Maintenance 0.00 1,469.84 1,191.04 163.20 2,824.08 5070000•Electricity/Natural Gas 103.66 133.08 0.00 246.81 483.55 5080000•Property Taxes 827.54 0.00 2,873.79 0.00 3,701.33 5090000•Maintenance Expense 698.32 773.38 466.89 1,315.90 3,254.49 Total Property Expense 2,846.45 9,580.84 12,412.83 9,172.29 34,012.41 Gross Profit (683.42) 2,345.66 3,312.17 5,216.71 10,191.12 Expense 5610000•Legal&Professional 0.00 0.00 0.00 477.91 477.91 Total Expense 0.00 0.00 0.00 477.91 477.91 Net Ordinary Income (683.42) 2,345.66 3,312.17 4,738.80 9,713.21 Other Income/Expense Other Income 4840001 • Landlord Mitigation Fund(DofCo 0.00 0.00 0.00 5,000.00 5,000.00 4840000•Restricted Property Donation 0.00 0.00 0.00 600.00 600.00 Total Other Income 0.00 0.00 0.00 5,600.00 5,600.00 Other Expense 6200000•Cap Replacement in Progress 0.00 0.00 0.00 11,686.66 11,686.66 Total Other Expense 0.00 0.00 0.00 11,686.66 11,686.66 Net Other Income 0.00 0.00 0.00 (6,086.66) (6,086.66) Net Income (683.42) 2,345.66 3,312.17 (1,347.86) 3,626.55 HF Overhead: (from end of year 11,449.00 14,136.00 12,846.00 14,694.00 53,125.00 Net Income including overhead (12,132.42) (11,790.34) (9,533.83) (16,041.86) (49,498.45) C:\Users\LydiaB\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\1310YGEH\2016.2020.PLShelton Duplex.2.18.20.atsxlsx.xlsx Unit 2016 2017 2018 2019 #of people 7 7 7 7 Rent charged $650.00 $650.00 $650.00 $650.00 Tenants Name #1 HH #1 HH #1 HH #1 HH Utilities 141.71 3852.685 5043.03 3360.315 due to vacancy(electricity)we pay water sewer garbage mortgage 1207.86 1207.86 1207.86 1207.86 per year maintenance is both units together. See previous page P&L #of people 4 5 6 4 Monthly rent $850.00 $600.00 $715.00 $750.00 Tenants Name #1 HH #2 HH #3 HH #4 HH Utilities 323.56 2612.525 3228.92 3111.855-due to vacancy(electricity)we pay water sewer garbage mortgage 1207.86 1207.86 1207.86 1207.86 per year maintenance is both units together. See previous page P&L Note:At 416 S 7th,the tenant at the time we acquired the property,Tenants#1 were Grandfathered in at$850.00 per month HUD High Home Rent limit for 2016,three bedroom was$1027, can't find utility allowance for 2016, In 2018, utility allowance was$119.00, utility alowance in 2016 would have been $5-$10.00 less than 2018 If the utility allowance was at$120.00 in 2016, subtract from High Home Rent Limit would be$907.00, we were under High Home Rent Limits Answers to your two concerns in the contract: 1) When we began this project in 2015,we were told by the staff of Mason County,that you had many Veterans needing homes. We did not ask for documentary proof at that time. We trusted that the County had done their research. That has not turned out to be true. Although we have managed to keep the homes occupied by Veteran-led families, it has from time to time been a struggle to find families that can meet our three standards of occupancy: a) able to pay rent 2) able to take care of the unit and 3) allow their neighbors to also have quiet enjoyment of their homes. We also found out that there is only one service provider in Shelton who is willing and able to provide the necessary supports to tenants in their homes to ensure they can abide by those three criteria. That provider is struggling to maintain their own capacity and try to work with the tenants in our homes. Meanwhile,there are other families living homeless while we work with local service providers to try and find the perfect match. It is our intention to continue that work but we also want some flexibility to house those needing homes when we cannot find a Mason County family who meets the criteria. We bear the costs of maintaining those homes while they are empty. 2) From the HUD website: The Department of Housing and Urban Development(HUD) sets income limits that determine eligibility for assisted housing programs including the Public Housing,Section 8 project-based,Section 8 Housing Choice Voucher,Section 202 housing for the elderly, and Section 811 housing for persons with disabilities programs. HUD develops income limits based on Median Family Income estimates and Fair Market Rent area definitions for each metropolitan area, parts of some metropolitan areas, and each non-metropolitan county. You can find all HUD HOME rents here: https://www.huduser.eov/portal/dat6sets/i1.htmI These are the standards that guide all our other properties,and properties managed and/or owned by ALL agencies that accept public funding(passed through from HUD). It is more equitable,and easier to manage the systems, if we use the same standards for all Homes First tenants and don't have different standards for different demographics of people. Imagine the challenges with trying to explain to our tenants and the community why we use different standards to evaluate eligibility based on income,when we already have guidelines in place that have been approved by the highest housing standards in the USA. dditionally,when we accept DASH -which we do for these pro erties-we ar equ�re,% yse HUDstandards asthey are a ty a of Section 8 voucher. 2/26/2020 FY 2019 Income Limits Documentation System—Summary for Mason County,Washington '■l®' FY 2019 INCOME LIMITS DOCUMENTATION HL SYSTEM HUD.gov HUD User Home Data Sets Fair Market Rents Section 8 Income Limits MTSP Income Limits HUD LIHTC Database FY 2019 Income Limits Summary Selecting any of the buttons labeled "Explanation" will display detailed calculation steps for each of the various parameters. FY 2019 Median FamilyFY 2019 Persons in Family Income Income Income Limit Limit Category Area Explanation g y 1 2 3 4 5 6 7 8 Very Low (50%) Income 22,600 25,800 29,050 32,250 34,850 37,450 40,000 42,600 Limits ($) Explanation Mason Extremely County, $64,500 Low Income WA Limits come 13,550 16,910 21,330 25,750 30,170 34,590 39,010 42,600* Explanation Low (80%) Income Limits ($) 36,150 41,300 46,450 51,600 55,750 59,900 64,000 68,150 Explanation * The FY 2014 Consolidated Appropriations Act changed the definition of extremely low-income to be the greater of 30/50ths (60 percent) of the Section 8 very low-income limit or the poverty guideline as established by the Department of Health and Human Services (HHS),, provided that this amount is not greater than the Section 8 50% very low-income limit. Consequently, the extremely low income limits may equal the very low (50%) income limits. Income Limit areas are based on FY 2019 Fair Market Rent (FMR) areas. For information on FMRs, please see our associated FY 2019 Fair Market Rent documentation system. For last year's Median Family Income and Income Limits, please see here: FY2018 Median Family Income and Income Limits for Mason County,WA https://www.huduser.gov/portal/datasets/il/i12019/2019summary.odn 1/2 2/26/2020 FY 2019 Income Limits Documentation System—Summary for Mason County,Washington Select a different county or county equivalent in Washington: Kitsap County Kittitas County Klickitat County Lewis County Lincoln County Mason County --- -------- —— Select county or county equivalent j Select any FY2019 HUD Metropolitan FMR Area's Income Limits: -- ---------------------------------------- Ab— - —ilene,TX MSA • j -------- ---------- ------------------------ - - - ---- --- -- -------- ----- I_Select HMFA Income Limits Area K Or press below to start over and select a different state: Select anew state j Update URL For bookmarking or E-Mailing i Prepared by the Program Parameters and Research Division, HUD. https://www.huduser.gov/portal/datasets/il/112019/2019summary.odn 2/2 MASON COUNTY ' f and ? HOMES FIRST] a F Veteran's Shelter and Permanent Supportive Housing Facility Purchase.and Rehabilitation Contract i r- R This CONTRACT is made and entered into by and between Mason County, hereinafter referred to.as"COUNTY"and Homes Firstl hereinafter referred to as"CONTRACTOR." 0 RECITALS WHEREAS, COUNTY desires to provide low-income andlor homeless Veterans with a Shelter and Permanent Supportive Housing; and g WHEREAS, CONTRACTOR, an established low-income housing non-profit provider, has i secured.the funds required to cover aportio associated.with purchasing a house to be us cvrrte aad{or�laoiriefUs Veteran`s Shelter and a duplex to be used as ermanerit Supportive Housing,for low-incom e.Brans;and !! G I WHEREAS, the County Commissioners have pledged $100,000 to be used to complete the. purchase..and rehabilitation of the properties. NOW' THEREFORE,for and in consideration of the CONTRACT and the payment to be made by COUNTY, the parties agree to the following: f• Special Conditions i Funding Sources: COUNTY is providing $100,000 in revenue generated from,document recording.fees as allowed f per 2005 legislation for Engrossed Second.Substitute House Bili (ESHHB)21.63 and 2002 n legislation for Substitute House Bill (SHB).2060 to be used for Homeless Prevention.Additional funding.sources for the project is a Washington State Department of Commerce (Commerce) 2017 Local and Community Projects Program.grant for$199,820 and mortgage loans secured by Homes f=irst. Ownership: CONTRACTOR will own the properties located at 414-416 S 7th Street and 420 S 7th Street ; located in Shelton,Washington herein collectively called FACILITIES. Use: The FACILITIES will be used for the purpose of providing Masson County Veteran%with a I Shelter and Permanent Supportive Housing. Foilowing:the completion of the:ten.(10)year grant commitment to Commerce, Mason County reserves the right to change the use so long as it aligns with CONTRACTOR's imaslon. Tenant Eligibility and Rent: 1 Tenants of.the Permanent.Supportive Housing,and Veterans staying in the Shelter must have a verified ificanier that does not exceed5041 of the area median income as determined annually bythe.U..S. Department of Housing anc!Urban Development(HUD). P 1„ � lq 2.The total monthly rent for,the Permanent Supportive Housing by the tenants_can't exceed i HUD's annual HOME Program Rents or current HUD low-income housing program.. 3.The monthly rent for the Shelter can't exceed HUD's annual HOME Program Rents or current HUD low-income housing program. Use of Income Generated from Rent: CONTRACTOR will use.any net income generated through these property rentals to provide �. additional low-income housing in Mason County. Procurement: Procurement of service providers and/or goods is to be conducted in compliance with applicable l procurement and contracting procedures and laws as.detailed RCW 39.20 or per Commerce's procurement requirements. In instances where the requirements differ CONTRACTOR will comply i with tbe_regairement that is the strictest. ,�Annua^I Reports: 7 f C`ONTRACTOR�iirill provide COUNTY an annual written report that, at a minimum details:the number of!�leterans served at each of the FACILITIES; income.and expenses per facility; number of Veterans on the waiting list(s);number of Veterans turnedd away from the Shelter due. to lack of space or capacity;summary.of &nUfied unmet needs as defined by the social services provider managing the FACILITIES; two(2) Impact or"success"stories; and.a summary of potential new low-income housing investments_in Mason County. The report is due annually on or before January 31st. 3 Local Preference: j COUNTY requests that CONTRACTOR use local (Mason County) service providers, I contractors and vendors whenever possible. Period"of Affordability: The Period of Affordability for this CONTRACT will start on.date of last signature.on this CONTRACT and will continue for thirty(3O) years. E Safe of FACILITIES; ,I Should the'CONTRACTOR opt to sell either or both of the FACILITIES prior to the end of the Period of Affordability COUNTY reserves the right.of first refusal. If either or both of the FACILITIES are sold CONTRACTOR will reimburse COUNTY's original$1.00,000 investment l plus interest to be.computed utilizing CommerceTs interest calculation formula. Sale process will i follow generally accepted best practices in Washington State real estate market at.the time-of sale. Failure to Comply: Should the CONTRACTOR fall:to comply with the terms detail:ed'Commerce grant and Commerce requires the CONTRACTOR to repay the total'sum granted plus interest,.COUNTY will also require the.CONTRACTOR to repay the$100,000 investment plus interest to be- computed ecomputed utilizing Commerce's interest calcul'at'ion formula: General Conditions Term: E CONTRACT will start on date of last signature on this CONTRACT and will continue far Thirty I (30)years.. 4 2 r i i i I I a n �i Extension: The duration of this CONTRACT may be extended by.mutual written consent of the parties. Compensation: CONTRACT total value is$100,000, • 9_ Labor Standards: CONTRACTOR agrees to comply with all applicable state.and federal requirements, including v but not limited to those pertaining to payment ofwages'and.working conditions, in.accordance with RCW 39.12.Q40;the Prevailing Wage Act;the Americans:with Disabilities Act of 1.990;the e Davis-Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages,minimum overtime pay; and.providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, , or dangerous to health and.safety as determined by regulations promulgated by the Federal Secretary of Labor and/or.the State of Washington. Independent Contractor: CONTRACTOR's services shall be furnished by the CONTRACTOR as an independent contractor; and nothing herein contained shall be construed to create a relationship of employer- employee. All payments made.hereunder and all services performed shall be made and performed pursuant to this CONTRACT by the CONTRACTOR as an independent contractor. CONTRACTOR will defend,.indemnify and hold harmless the COUNTY, its officers,.agents or employees from any loss or expense,including, but not(united to, settlements,judgments, setoffs, attorneys'fees or costs incurred by reason of claims or demands because of breach of the provisionsof this paragraph. Non-Discrimination in Employment:. COUNTY's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color,,creed, i religion, national'origin, sex,sexual orientation}age, marital status,disability, or veteran status, CONTRACTOR shall comply VAth all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race,color.,creed, religion, national origin.sex, sexual orientation, age, marital status, disability, or veteran status, except where such j constitutes a bona fide occupational qualification. 4 Furthermore; in those cases in which CONTRACTOR is governed by such laws, p CONTRACTOR shall.take affirMative action to insure that applicants.are employed, and treated during employment,without regard to their race, color, creed, religion;.national origin,sex,'age, marital status, sexual orientation, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be,limited ta:.advertising, hiring,promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, i selection.for training.Induding apprenticeship, and participation In recreational.and.educatloilal activitie& In all solicitations or advertisements.for employees:placed by them or on their behalf, CONTRACTOR shall state that alk qualified applicants will receive consideration for employ men } without regard to race, color, religion, sex or national origin,. The foregoing provisions shall also be binding upon any sub-contractor,provided that the foregoing provision shall not apply to contracts or sub-contractors.for standard commercial: supplies or raw materials, or to sole proprietorships with no employees. - E 3 5 I f � J Non-Discrimination in Client Services: CONTRACTOR shall not discriminate on the grounds-of race, color,creed, religion, national I origin,sex, age,marital status, sexual orientation, disability, or veteran status; or deny an 7 individual or business any service or benefits under this CONTRACT; or subject an individual or business to segregation or separate treatment in any manner related to.his/her/its receipt any i. service or services or other benefits provided under this CONTRACT;or deny an individual or business an opportunity to participate in any program provided 6y-this CONTRACT. Right to Review: 1 This CONTRACT is subject to review by any Federal, State or COUNTY auditor. COUNTY or Its desigrfee shall have the-right to review.and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by COUNTY's Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on-site inspection by COUNTY agents or employees, inspection of all records i or other materials which COUNTY deems pertinent to the CONTRACT:and its.performance, and any and all communications with or evaluations by service recipients under this CONTRACT. CONTRACTOR shall preserve and maintain all financial records and records relating to the P performance'of work under this CONTRACT for six(6) years after-CONTRACT termination, and y shall make them available for such review;.within Mason County,State of Washington, upon i request. CONTRACTOR also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the-terms of this CONTRACT. if no advance notice is given to CONTRACTOR,then CONTRACTOR agrees to notify the Administrative Officer as soon as it is practical. insurance Required: At a minimum, CONTRACTOR shall provide insurance as detailed in"EXHIBIT A Insurance Requirements_" Industrial Insurance Walver: With respect to the performance of this CONTRACT and as to claims against COUNTY, its officers, agents and employees,.CONTRACTOR expressly waives its immunity under Title 51 :of I the Revised Code of Washington,the Industrial Insurance Act;for injuries to its employees and agrees that the obligations to indemnify, defend and hold harfnless provided in this CONTRACT j extend to any claim brought by or on behalf of any employee of CONTRACTOR. This.waiver is- mutually negotiated by the parties to this CONTRACT. l I CONTRACTOR.Commitments,Warranties and Representations: Any written commitment received from CONTRACTOR concerning this CONTRACT shall be binding upon CONTRACTOR, unless otherwise specifically provided herein with reference to this paragraph- Falture of CONTRACTOR to fulfill:such a commitment shall render CONTRACTOR liable-for damages to COUNTY.. A commitment includes, but is not limited to, any representation made prior to execution of this CONTRACT,'whether or not incorporated elsewhere herein by reference,as to performance of services or equipment, prices or options for futureacquisition_to remain in effect for a fixed period, or warranties: Defense and Indemnity Contract: Indemnification by CONTRACTOR. To the fullest extent permitted bylaw, CONTRACTOR , agrees to Indemnify, defend and hold COUNTY.and Its departments, elected and.appointed officials, employees,.agents and volunteers, harmless from and against any-and all claims„ damages, losses.and expenses, including but not limited to court costs, attorney's.fees and 4. - A i • i i i alternative dispute resolution costs,for any personal injury,for any bodily injury, sickness, disease or death and for any damage to or destruction of any property(including the loss of use resulting therefrom)which 1)are caused in whole.or in part by any act or omission, negligent or i otherwise, of the CONTRACTOR, its employees, agents or volunteers or CONTRACTORs E subcontractors and their employees, agents orlvolunteers, or 2) are directly or indirectly arising out of,resulting from, or. connection with-performance of this CONTRACT; or 3) are based upon CONTRACTOR's or its subcontractors' use of, presence upon or proximity to the property of COUNTY. This indemnification obligation of CONTRACTOR shall not apply in the limited 1 circumstance where the claim, damage, loss or expense Is caused by the sole negligence of COUNTY. This indemnification obligation of the CONTRACTOR shall not be limited in any way by the Washington State Industrial Insurance Act; RCW Title 51, or by application of any other workmen's compensation act; disability benefit,act or other employee benefit act, and the CONTRACTOR hereby expressly Waives any immunity afforded by such acts. The foregoing indemnification obligations of the CONTRACTOR are a maternal inducement to COUNTY to enter into this CONTRACT, are reflected in CONTRACTOR's compensation, and have been mutually negotiated by the parties. Provider's initials acknowledging Indemnity terms: Participation by County—No Waiver. COUNTY reserves the right, but not the-obligafion,to i participate in the defenseof any claim, damages, losses or expenses and such participation' shall not constitute a waiver of CONTRACTOR"s indemnity obligations under this CONTRACT. Survival of CONTRACTOR's Indemnity Obligations. CONTRACTOR agrees all CONTRACTOR's indemnity obligations shall survive the completion, expiration or termination of this CONTRACT. Indemnity by Subcontractors. In the event the CONTRACTOR enters into subcontracts to the extent.allowed under this CONTRACT, CONTRACTOR's subcontractors shall Indemnify the COUNTY on a.basis equaf to or exceeding CONTRACTOR's indemnity obligations-to COUNTY. E-Verify: The E-Verify contractor program for Mason County applies to.contracts of$10.0,000 or more and.subcontracts for$25;000 or more if the primary contract is for$100,000 or more. CONTRACTOR represents and warrants that it will, for at least the duration of this CONTRACT, register and participate in the status=verification system for all newly hired employees..The term I "employee"as used herein means any person that is hired to perform work for Mason County. As used herein, "status verification system" means the Illegal Immigration Reform and Immigration Responsibility Act of 1996 that is operated by the United States Department of Homeland Security, also known as the E-Verify Program, or any other successor electronic verification system replacing the E=Verify Program. CONTRACTOR agrees to maintain records i. of such compliance:and, upon request of the COUNTY; to provide b.copy of each such verification to the COUNTY. CONTRACTOR further represents and warrants that any-person assigned to perform services hereunder-meets the employment eligibility requirements of all immigration laws of the State of Washington. CONTRACTOR understands and agrees that any breach of these warranties may subject CONTRACTOR to the following-,.(a)termination of this CONTRACT and ineligibility for any Mason County. Contract for up to three (3) years,with notice of such cancellation/terrnination being made public, In the'event of such termination/cancellation,.CONTRACTOR would also be liable for any,additional costs'fncurred by the COUNTY due to contract cancellation or loss of license or permit.`CONTRACTOR will review'and enroll in the E-Verify program through this website:www.uscls.gov; 5 Compflance with Applicable Laws,.Rules and Regulations: } This CONTRACT shall be subject to all laws, rules, and regulations of the United States of i America, the State of Washington, political subdivisions of the State of Washington and Mason County. CONTRACTOR also agrees,to comply with applicable Federal,.State,.County or municipal standards for licensing, certification and operation of facilities and programs, and t accreditation and licensing of individuais. Administration of Contract: j COUNTY hereby,appoints, and CONTRACTOR hereby accepts,the Mason.County Budget 1 Manager and his or her designee, as COUNTY's representative, hereinafter referred to as the. i Administrative Officer,for the purposes of administering the provisions of this COhITRACT, P including COUNTY's right to receive and act on all reports and documents, and any auditing performed by the COUNTY related to this CONTRACT. CONTRACTOR's primary contact will be Homes First's Chief Officer, Notice: Except as setforth elsewhere in the CONTRACT, for all purposes under this CONTRACT except service of process,notice shall be given by CONTRACTOR to COUNTY's Administrative Officer under this CONTRACT. Notices and other communication.may be conducted via.a-mail, U.S. mail, fax, hand-deflvery or other generally accepted manner including delivery services. Modifications: Either party may request changes in the CONTRACT. Any and all agreed modifications; to be valid and binding upon either party, shall be in writing and signed by both of the parties. Termination for Default: If CONTRACTOR defaults by failing to perform any of the-obligations of the CONTRACT or becomes insolvent or 1s declared bankrupt or commits.any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, COUNTY may, by depositing written notice to CONTRACTOR in the U.S. mail, terminate the CONTRACT. If a notice of termination for default has.been issued dnd'it is later determined for any reason that CONTRACTOR was not in default, the rights and obligations of the parties shall be the. same as if thenotice.of termination had been issued pursuant to the Termination for Public Convenience paragraph hereof. Termination for Public Convenience: COUNTY may terminate this CONTRACT in whole*or in part whenever COUNTY determines, in its sole discretion,that such'termination is in the interests of COUNTY. Disputes: Differences between the CONTRACTOR and COUNTY; arising under and by virtue of the CONTRACT"shall be brought to the attention.of COUNTY at the-earliest possible time in order that such matters may be settled or other-appropriate action promptly taken.. Arbitration: Other than claims for injunctive relief brought by a party hereto(which may be brought either in i court or pursuant too-thiss arbitration prow-'fsion):, arid;consistent with the.provisions hereinabove,; j any claim, dispute:or controversy between the parties under,,arising out of,,or related:to this CONTRACT or otherwise;including issues of specific performance,shall.be determined by 6 ' . i I i I arbitration in Shelton,Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date hereof, as modified by this CONTRACT. There shall be one arbitrator selected by the parties within ten (10) days of the arbitration demand,.or if not, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this CONTRACT shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief(including specific performance), or any other remedy available from a judge, including expenses, costs and attorney fees to the prevailing �. party and pre-award interest, but shall not.have the.power to award'punitive damages. The decision of the arbitrator-shall be final and;binding and an order confirming the award or., judgment upon the award may be entered in.any court having jurisdiction. The parties agree that the decision of the arbitrator shall be,the sole,and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the request of either party made not later than forty-five (45)days after the arbitration demand,the parties agree to submit the dispute to nonbinding mediation,which shall not delay the arbitration hearing date; provided, that either party may decline to mediate and proceed with arbitration. . l Venue and Choice of Law: I In the event that any litigation should arise concerning the construction or Interpretation of any of the terms of this CONTRACT,the venue of such action of Litigation shall be in the coutts•of the State of Washington in and for the Mason County. Unless otherwise specified herein,this CONTRACT shall be governed by the laws of Mason County and the State of Washington. Severability: i If any term.or condition of this CONTRACT or the.application thereof to any person(s) or I circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term., condition or application. To this end,the terms and conditions of this CONTRACT are declared severable, Waiver. Waiver of any breach or condition of this CONTRACT shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this CONTRACT shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto.The failure i of COUNTY to insist upon strict performance of any of the covenants of this CONTRACT,or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or contracts, but the same shall be and remain in full force and effect. Order of Precedence: A.Applicable federal, state and county statutes,regulafions, policies, procedures,federal.Office of Management and Budget(OMB) circulars and federal and state executive orders, B.AGREEMENT Entire Contract: This written CONTRACT, comprised of the writings signed or otherwise.identified and attached hereto, represents the entire CONTRACT between the parties and supersedes any prior oral statements, discussions or understandings between the parties. 7 t C IN WITNESS WHEREOF, COUNTY and CONTRACTOR have executed this CONTRACT as of the date and.year last written below. HOMES FIRST BOARD OF COUNTY COMMISSIONERS f MASON COUNTY,WASHINGTON i rutly Sou- u Chief Officer Terri:Jeff.rey Dated: C _ Dated: ` �. APPROVED,AS TO FORM: Tim Whitehead,Chie QPA r 1 f 8 _ .......... ...... .__........,. .. .. .. Contract Between Mason County and Homes First Professional Services Contract: "Veteran's Shelter and Permanent Supportive Housing Facility Purchase and Rehabilitation Contract" Amendment# 1 The purpose of this amendment is to change the use of one of the properties and clarify funding re ulations with corresponding roles. IT IS MUTUALLY AGREED THEREFORE: That the Original Contract is hereby amended as follows.. 1. Use A change in use of the property at 420 S. 7th St., Shelton, WA from a "Veteran's Shelter" to a "group, transitional home for single adults with a veteran prioritization". 2. Funding Sources and Regulations a. RCW 36.22.178 Item 2 a and c to serve households under 50% AMI (Area Median Income) b. Dept of Commerce State Capital Budget 057 funds which are non-capital bond proceeds with the only restriction that they cannot be loaned out. c. TST: RCW 82.14.460 Item (3) Moneys collected under this section must be used solely for the purpose of providing for the operation or delivery of chemical dependency or mental health treatment programs and services and for the operation or delivery of therapeutic court programs and services. For the purposes of this section, "programs and services" includes, but is not limited to, treatment services, case management, transportation, and housing that are a component of a coordinated chemical dependency or mental health treatment program or service. 3. Tenant Eligibility and Rent The following terms replace items 1 —3 under Tenant Eligibility and Rent. Contractor agrees to operate the tenant eligibility and rent according to the funding sources attached to each property in the following manner: 414S. 7 th St., Shelton (Duplex Unit): State Capital Budget funds. Permanent Supportive Housing for low income Veteran Families that earn up to 80% of the Area Median Incomes (AMI). 416S. 7 th St., Shelton, WA(Duplex Unit): 2060 Local Document Recording Fees. Permanent Supportive Housing to serve Veteran Families that earn up to 50% of the Area Median Incomes (AMI). - 420S. 7 th St., Shelton, WA (Single Family Home): Treatment Sales Tax. The group, transitional home for single adults and prioritizes veterans must be part of a coordinated chemical dependency or mental health treatment program or service. For all properties, CONTRACTOR agrees that rents will not exceed either 110% of Fair Market Rents (FMR) as established annually by the U.S. Department of Housing and Urban Development (HUD) and when total housing costs (rent, utilities, deposits, fees, etc.) do not exceed 40% of the household income with the purpose that the tenant can be a successful renter. 4. Scope of Service: Contractor agrees to: a. Work with service providers to find permanent housing solutions for occupants. b. Partner with agencies offering the VASH and SSVF programs to increase referrals and prioritize households from these programs. c. Follow the Mason County 5 year-plan under the direction of the Department of Commerce Objective 2: Prioritize households with the greatest need. i. An example is to remove any policies that require a person to bedroom ratio. If a veteran household consists of an adult w/a minor child, this will not exclude this household from being eligible. Policies and procedures must consider all families that present at the time of property vacancy and not discriminate based on minimal family size. Policies can be in place to establish a maximum, safe number of tenants such as no more than 2 people per bedroom. d. Adhere to the Department of Commerce directive that all agencies receiving local document recording fees must participate in Coordinated Entry. e. Keep a Denial Log that includes the reason the applicants were denied f. Notify COUNTY of vacancies over 2 months and the actions taken to fill the unit(s). g. Contract monitoring. The COUNTY will make every provision to give at least two-weeks' notice to any monitoring. ALL OTHER TERMS AND CONDITIONS of the original Contract and any subsequent amendments hereto remain in full force and effect. IN WITNESS WHEREOF, the undersigned has affixed his/her signature in execution thereof on the day of 12019. CONTRACTOR MASON COUNTY Trudy Soucoup, Executive Director Kevin Shutty, Chair Homes First Mason County Board of County Commissioners APPROVED AS TO FORM: Tim Whitehead, Chief DPA MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Travis Adams DEPARTMENT: Sheriff's Office EXT: 622 BRIEFING DATE: March 2, 2020 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEM: Sheriff's Office three-year plan. EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): The Sheriff's Office is working on a three-year plan to include personnel needs and space planning. BUDGET IMPACTS: There are no immediate budget impacts. RECOMMENDED OR REQUESTED ACTION: Feedback on the recommended actions. ATTACHMENTS: None Briefing Summary 2/13/2020