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HomeMy WebLinkAbout2020/08/03 - Briefing Packet MASON COUNTY COMMISSIONER BRIEFING INFORMATION FOR WEEK OF August 3, 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. o� coU: 1854 Pursuant to Proclamation by the Governor 20-28.7, in-person attendance to Commission meetings is temporarily prohibited. Our Commission meetings are live streamed at b-q://masonwebtv.com/ and we will accept public comment via email dlz@co.mason.wa.us; or mail to Commissioners Office, 411 North 5th Street, Shelton, WA 98584; or call 360-427-9670 ext. 419. If you need to listen to the Commission meeting via your telephone, please provide your telephone number to the Commissioners'office no later than 4 p.m. the Friday before the meeting. BOARD OF MASON COUNTY COMMISSIONERS DRAFT BRIEFING MEETING AGENDA 411 North Fifth Street, Shelton WA 98584 Week of August 3, 2020 Monday - Friday 8:00 A.M. COVID-19 Coordinators Briefing* Public Works Meeting Room A 100 Public Works Way Monday, August 3, 2020 Commission Chambers 9:00 A.M. Interviews for Housing and Behavioral Health Advisory Board 9:30 A.M. State Auditor Entrance Conference- Chelcie Robinson 9:45 A.M. Community Services — Dave Windom 10:15 A.M. Public Works — Loretta Swanson Utilities &Waste Management 11:00 A.M. Support Services — Frank Pinter 11:45 A.M. Executive Session — RCW 42.30.110 (1)(i) Potential Litigation Commissioner Discussion — as needed *This is being noticed as a Special Commission Meeting because a quorum of the Mason County Commission may attend this event and notification is provided per Mason County Code Chapter 2.88.020 - Special Meetings Briefing Agendas are subject to change,please contact the Commissioners'office for the most recent version. Last printed 07/29/20 at 3:19 PM If special accommodations are needed,contact the Commissioners'office at ext.419,Shelton#360-427-9670;Belfair #275-4467,Elma#482-5269. Office of the Washington State s • McCarthy NNuaua.. Entrance Conference: Mason County The Office of the Washington State Auditor's vision is increased trust in government. Our mission is to provide citizens with independent and transparent examinations of how state and local governments use public funds, and develop strategies that make government more efficient and effective. The purpose of this meeting is to share our planned audit scope so that we are focused on the areas of highest risk. We value and appreciate your input. Audit Scope Based on our planning, we will perform the following audits: Accountability audit for January 1,2019 through December 31,2019 We will examine the management, use and safeguarding of public resources to ensure there is protection from misuse and misappropriation. In addition, we will evaluate whether there is reasonable assurance for adherence to applicable state laws, regulations and policies and procedures. We plan to evaluate the following areas: • Self-insurance for property, health and welfare, unemployment, and workers compensation • Clerk's Office - cash receipting and adjustments • Accounts payable—credit cards, and electronic funds transfers • Use of restricted funds—hotel/motel taxes, rural sales and use tax, Auditor's O&M fund • Budget compliance • Sheriff s Office - citation reconciliations, cash receipting, and contract monitoring • Landfill—cash receipting • Auditor's Office—cash receipting • Parks and Fair—Cash receipting, and contract monitoring • Assessor's Office—property tax valuations and billings, and exemptions and deferrals Financial statement audit for January 1,2019 through December 31,2019 We will provide an opinion on whether your financial statements are presented fairly, in all material respects, in accordance with the applicable reporting framework. The audit does not attempt to confirm the accuracy of every amount, but does search for errors large enough to affect the conclusions and decisions of a financial statement user. Federal grant compliance audit for January 1,2019 through December 31,2019 This audit is required by federal law when a local government spends $750,000 or more annually in federal financial assistance. We will provide an opinion on compliance with federal requirements that could have a direct and material effect on your major federal programs. We plan to test the following federal programs: • Highway Planning and Construction Cluster, 20.205 • Child Support Enforcement, 93.563 • Disaster Grants—Public Assistance, 97.036 • Schools to Road Grants to States, 10.665 This report must be submitted, along with the Data Collection Form, to the federal clearinghouse within 30 days after receipt of the report or nine months after the end of the audit period, whichever is earlier. Enaaaement Letter We have provided an engagement letter that confirms both management and auditor responsibilities, and other engagement terms and limitations. Additionally the letter identifies the cost of the audit, estimated timeline for completion and expected communications. Levels of Reporting Findings Findings formally address issues in an audit report. Findings report significant results of the audit, such as significant deficiencies and material weaknesses in internal controls; misappropriation; and material abuse or non-compliance with laws, regulations or policies. You will be given the opportunity to respond to a finding and this response will be published in the audit report. Management Letters Management letters communicate control deficiencies, non-compliance, misappropriation, or abuse that are less significant than a finding, but still important enough to be formally communicated to the governing body. Management letters are referenced, but not included, in the audit report. Exit Items Exit items address control deficiencies, non-compliance with laws or regulations, or errors that have an insignificant effect on the audit objectives. These issues are informally communicated to management. Important Information Confidential Information Our Office is committed to protecting your confidential or sensitive information. Please notify us when you give us any documents,records,files,or data containing information that is covered by confidentiality or privacy laws. Audit Costs The cost of the audit is estimated to be approximately $100,600, plus travel expenses. Expected Communications During the course of the audit, we will communicate with Leo Kim, Chief Finance Manager on the audit status, any significant changes in our planned audit scope or schedule and preliminary results or recommendations as they are developed. Please let us know if, during the audit, any events or concerns come to your attention of which we should be aware. We will expect Mr. Kim to keep us informed of any such matters. Audit Dispute Process Please contact the Audit Manager or Assistant Director to discuss any unresolved disagreements or concerns you have during the performance of our audit. At the conclusion of the audit,we will summarize the results at the exit conference. We will also discuss any significant difficulties or disagreements encountered during the audit and their resolution. Loss Reporting State agencies and local governments are required to immediately notify our Office in the event of a known or suspected loss of public resources or other illegal activity. These notifications can be made on our website at www.sao.wa. og v/report-a-concem/how-to-report-a-concern/fraud-program/. Peer Reviews of the Washington State Auditor's Office To ensure that our audits satisfy Government Auditing Standards, our Office receives external peer reviews every three years by the National State Auditors Association(NSAA). The most recent peer review results are available online at www.sao.wa.gov/about-sao/who-audits-the-auditor/. Our Office received a "pass" rating, which is the highest level of assurance that an external review team can give on a system of audit quality control. Emerging Issues Some of the emerging issues affecting local governments are the following: • GASB proclamations—see handout Working Together to Improve Government Audit Survey When your report is released, you will receive an audit survey from us. We value your opinions on our audit services and hope you provide us feedback. Local Government Support Team This team provides support services to local governments through technical assistance, comparative statistics, training, and tools to help prevent and detect a loss of public funds. Our website and client portal offers many resources, including a client Help Desk that answers auditing and accounting questions. Additionally this team assists with the online filing of your financial statements. The Center for Government Innovation The Center for Government Innovation of the Office of the Washington State Auditor is designed to offer services specifically to help you help the residents you serve at no additional cost to your government. What does this mean? We provide expert advice in areas like Lean, peer-to-peer networking and culture-building to help local governments find ways to be more efficient, effective and transparent. The Center can help you by providing assistance in financial management, cybersecurity and more. Check out our best practices and other resources that help local governments act on accounting standard changes, comply with regulations, and respond to recommendations in your audit. The Center understands that time is your most precious commodity as a public servant, and we are here to help you do more with the limited hours you have. If you are interested in learning how we can help you maximize your effect in government, call us at (564) 999-0818 or email us at Center ,sao.wa.gov. Audit Team Qualifications Chelcie Robinson,Assistant State Auditor- Chelcie earned her Bachelor's degree in Accounting from Central Washington University. She started on Team Yakima as an intern in January 2016. She transferred to Team Port Orchard in September 2016 as an Assistant State Auditor. She is currently one of SAO's Public Utility District and I937 Subject Matter Experts. Phone: (360) 895-6133 or Chelcie.Robinson cgsao.wa.gov Cheryl Friesen,Assistant Audit Manager—Cheryl has a Master's Degree in Business Administration and has worked for the State Auditor's Office since 2014. She has served.as a fraud specialist for Team Port Orchard and is currently one of SAO's County Subject Matter Experts. She has been the lead auditor for many local governments including Cities and Counties. Phone: (360) 810-0432 or Cheryl.Friesengsao.wa.gov Carol Ehlinger,MEd, Program Manager—Carol has worked for the State Auditor's Office since 2002. She worked on Team Wenatchee as an Assistant Audit Manager and on teams TriCities, Central King County and presently Port Orchard as the Audit Manager. Carol has been an Audit Manager since 2004. Carol is the Program Manager for Transits, Regional Transportation Planning Organizations, Councils of Government, Transportation Benefit Districts, Public Development Authorities and Public Facilities Districts. Phone: (360) 790-6848 or Carol.Ehlingergsao.wa.gov Tina Watkins, CPA, Assistant Director of Local Audit—Tina has been with the Washington State Auditor's Office since 1994. In her role as Assistant Director, she assists with statewide oversight and management of all the audits for local government. She served as an Audit Manager for six years prior to becoming an Assistant Director of Local Audit. Phone: (360) 260-6411 or Tina.Watkinsnsao.wa.gov Kelly Collins,CPA,Director of Local Audit—Kelly has been with the Washington State Auditor's Office since 1992. In her role, she oversees the audit teams which perform the audits for over 2,200 local governments. She serves on the Washington Finance Officers Association Board and is a member of the Washington Society of Certified Public Accountants' Government Auditing and Accounting Committee. Phone: (564) 999-0807 or Kelly.Collinsgsao.wa.gov GASB UPDATE July 2020 The Governmental Accounting Standards Board (GASB) establishes generally accepted accounting principles (GAAP) for U.S. state and local governments. All statements, exposure drafts and other documents for public comment are available from the GASB website,www. ag sb.org, free of charge. Here is a summary of current and upcoming accounting and financial reporting standards. GASB Pronouncements Effective Immediately • Technical Bulletin No. 2020-a, Accounting and Financial Reporting Issues Related to the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) of 2020 and Coronavirus Diseases Guidance on accounting and reporting for resources under the CARES Act. • Statement No. 95,Postponement of the Effective Dates of Certain Authoritative Guidance To provide temporary relief in light of the COVID-19 pandemic by postponing the effective dates of certain provisions in GASB statements and implementation guides. Earlier application of the affected pronouncements is encouraged. • Statement No. 97, Certain Component Unit Criteria, and Accounting and Financial Reporting for JR C Section 457Deferred Compensation Plans The requirements that exempt governments from reporting defined contribution pension/OPEB plans in a fiduciary trust fund, unless the government actually controls the assets, are effective immediately. This limits the applicability of paragraph 7 of GASB 84 to defined benefit pension/OPEB plans that are administered through qualifying trusts. The requirements of this statement that are related to the financial accounting and reporting for IRC Section 457 plans are effective for the reporting year 2022. GASB Pronouncements Effective for the Reporting Year 2020 • Statement No. 83,Certain Asset Retirement Obligations Under this statement, a government that has a legal obligation for future capital asset retirement activities is required to recognize a liability and a corresponding deferred outflow of resources. This statement was originally effective for the 2019 reporting year, but was postponed by GASB 95. • Statement No.84,Fiduciary Activities This guidance clarifies what constitutes a fiduciary activity for financial reporting purposes and the fund types to be reported. An implementation guide is available; Implementation Guide 2019-2 —Fiduciary Activities. The statement and guidance were originally effective for the 2019 reporting year, but were postponed by GASB 95. • Statement No.88,Certain Disclosures Related to Debt,including Direct Borrowings and Direct Placements This statement provides additional requirements for disclosure in notes to government financial statements related to debt, including direct borrowings and direct placements. This statement was originally effective for the 2019 reporting year,but was postponed by GASB 95. • Statement No.90,Majority Equity Interests This statement, an amendment of Statements No. 14 and 61, defines a majority equity interest and specifies how a majority equity interest in a legally separate organization should be reported. This statement was originally effective for the 2019 reporting year, but was postponed by GASB 95. • Implementation Guide 2018-1 Objective of this implementation guide is to provide guidance that clarifies,explains, or elaborates on GASB Statements. This guide addresses a variety of accounting and reporting topics. This guidance was originally effective for the 2019 reporting year,but was postponed by GASB 95. GASB Pronouncements Effective for the Reporting Year 2021 • Statement No.89,Accounting for Interest Cost Incurred before the end of a Construction Period Suspends paragraphs 5-22 of GASB 62. Do not capitalize interest cost related to capital assets— expense as incurred. This statement was originally effective for the 2020 reporting year, but was postponed by GASB 95. • Implementation Guide 2019-1 Objective of this implementation guide is to provide guidance that clarifies,explains, or elaborates on GASB Statements. This guide addresses OPEB, Derivative Instruments, Nonexchange Transactions, Impairment and Insurance Recoveries, and other accounting and reporting topics. This guidance was originally effective for the 2020 reporting year, but was postponed by GASB 95. GASB Pronouncements Effective for the Reporting Year 2022 • Statement No. 87,Leases Scope includes definition of a lease, lease term, short-term leases, subleases, and sale-leasebacks. Guidance related to accounting and reporting for lessee and lessor. An implementation guide is available; Implementation Guide 2019-3 -Leases. The statement and guidance were originally effective for the 2019 reporting year,but were postponed by GASB 95. • Statement No. 91,Conduit Debt Obligations The objectives of this Statement are to provide a single method of reporting conduit debt obligations by issuers and eliminate diversity in practice associated with(1)commitments extended by issuers, (2) arrangements associated with conduit debt obligations, and (3) related note disclosures. This statement was originally effective for the 2021 reporting year,but was postponed by GASB 95. • Statement No.92, Omnibus 2020 This statement addresses a mix of implementation issues related to leases, reinsurance recoveries, and derivative instruments(effective immediately for reporting year 2020).Other items effective for reporting year 2022 include intra-entity transfers of assets, postemployment benefit arrangements, government acquisitions, etc. This guidance was originally effective for the 2021 reporting year,but was postponed by GASB 95. • Statement No. 93,Replacement of Interbank Offered Rates This statement provides exceptions to derivatives hedge accounting termination provisions and lease modifications solely to replace an IBOR. This guidance was originally effective for the 2021 reporting year,but was postponed by GASB 95. • Statement No.97, Certain Component Unit Criteria, and Accounting and Financial Reporting for IRC Section 457 Deferred Compensation Plans Supersedes GASB Statement No. 32. IRC section 457 deferred compensation plans that meet the definition of a pension plan should follow the accounting and financial reporting requirements of pension plans. GASB Pronouncements Effective for the Reporting Year 2023 • Statement No. 94, Public-Private and Public-Public Partnerships and Availability Payment Arrangements This statement establishes the definition of PPP's and APA's and provides uniform guidance on accounting and financial reporting for transactions that meet those definitions. • Statement No.96,Subscription Based Information Technology Arrangements This statement brings the guidance on the accounting and and financial reporting for"SBITA's"in line with that of GASB 87-Leases. For all statements,earlier application is encouraged. Current GASB Exposure Drafts,Invitations to Comments,etc. The GASB recently issued several proposed new standards for public comment. These exposure drafts are not new standards yet,but they will be in the future. The Board encourages any individual or organization to provide written comments about them and instructions are included with each document. The documents can be downloaded free of charge from the GASB website. This is a good opportunity to become involved in the standard setting process. • Revenue and Expense Recognition(PV June 2020, comments due Feb 2021) • Recognition of Elements of Financial Statements(ED June 2020, comments due Feb 2021) • Financial Reporting Model Improvements(PV Sep 2018) • Notes to Financial Statements(ED Feb 2020) If you have questions about GASB standards, please contact debra.burleson(c�r�,sao.wa.gov, alexandra johnson@sao.wa.gov, or stacie.tellers@sao.wa.gov or the HelpDesk. MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Dave Windom / Todd Parker DEPARTMENT: Community Services EXT: 260 BRIEFING DATE: 8/3/20 PREVIOUS BRIEFING DATES: 7/6/20 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: Consolidated Homeless Grant: Housing and Essential Needs (HEN Amendment) EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): The Mason County contract amendment with the Department of Commerce has been approved on the action agenda 7/14/20. The amendment attached is for our contract with Community Action Council, the agency that administers the fund. BUDGET IMPACT: Retention of 3.5% unds for Grant Administration: $5,237 PUBLIC OUTREACH:(Include any legal requirements, direct notice;website,community meetings, etc.) RECOMMENDED OR REQUESTED ACTION: Request moving to Action Agenda August 4 ATTACHMENTS: HEN Amendment Briefing Summary 7/29/2020 Contract Between Mason County Community Services Department of Public Health and Community Action Council Professional Services Contract number CAC:2019-2021.1 Amendment# 2 The purpose of this amendment is to revise the Scope of Service and invoice process. IT IS MUTUALLY AGREED THEREFORE: That the Original Contract is hereby amended as follows: 1. PURPOSE: Adds HEN SFY 2021 additional funds 2. EXHIBIT C: BUDGET: Original SFY 2021 award: $675,311 New SFY 2021 TOTAL award: $969,349 The following table is the additional HEN SFY funds by category. Budget Categories SFY 21 Amendment Amount HEN Admin 3.5% $5,23 8 HEN Rent/Fac Support Lease and Other $191,536 Housing Costs HEN Operations $97,264 Total $294,038 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 , 2020. Community Action Council MASON COUNTY COMMISSIONERS Signature Sharon Trask, Chair Date Mason County Board of Commissioners Title Date 1 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Dave Windom / Todd Parker DEPARTMENT: Community Services EXT: 260 BRIEFING DATE: 8/3/20 PREVIOUS BRIEFING DATES: n/a 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: CARES Act funded Eviction Rent Assistance Program (ERAP).This program is effective August 1, 2020 through December 31, 2020. EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): The ERAP Grant is intended to prevent evictions by paying 80% of up to 3 months past due, current due and future rent, while targeting limited resources to those with the greatest needs and working to distribute funds equitably. A primary goal of this program is to promote equity in who is served, with a focus on equity for groups of people who historically have not been provided equitable access to rent assistance and those who have disproportionately been impacted by the COVID-19 outbreak. Latinx or Hispanic, young adults, Black or African American,American Indian and Alaska Native, Native Hawaiian or other Pacific Islander. Total Award to Mason County: $500,876 BUDGET IMPACT: Retention of funds for Grant Administration: $75,313 PUBLIC OUTREACH:(Include any legal requirements, direct notice,website,community meetings, etc.) Email blast to solicit Request of Proposals — due July 30 RECOMMENDED OR REQUESTED ACTION: Action Agenda August 4 to sign application certification form Requesting special action agenda meeting to accept contract and approve subcontracts ATTACHMENTS: Certification Form & Draft Budget Briefmg Summary 7/28/2020 �� e Certificatior>I Applicant- Executive Signature I certify that the information presented in this application is true and correct to my best knowledge and authorize the submission to Commerce for consideration of funding. Agency/Organization: Sharon Trask Executive Signature Name (same as on Applicant Summary Information): Sharon Trask Title: Chair, Board of County Commissioners Date: Signature Scan and send signed Form D with the Application. .t, f , I= �i Bu,dget Review maximum award on the AWARD CHART tab. See ERAP Program Guidelines for Budget Category descriptions. Budget Category Amount RENT: rent assistance payments made to third party $ 300,525.60 OPERATIONS: costs directly attributable to program $ 100,175.20 By and For Sub grant/s: CHG grantees must budget a minimum of 5% $ 25,043.80 Subtotal Direct Expenses $ 425,744.60 ADMIN: capped at 15% $ 75,131.40 Total $ 500,876.00 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: David Windom DEPARTMENT: MCCS EXT: 260 BRIEFING DATE: Aug 3, 2020 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information NA INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal x❑ Other— please explain Frank Pinter ITEM: Community Services adjustment of staffing and procedures EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): 2020 has presented the department with a multitude of challenges. In addition to responding to COVID-19, the Department has learned lessons about efficiency, responsiveness, and flexibility which needs to be captured and implemented in a permanent way. This document presents a plan to incorporate those lessons into a slightly different structure. BUDGET IMPACT: Please see the last page of the attached document PUBLIC OUTREACH:(Include any legal requirements, direct notice,website,community meetings, etc.) Briefing and action agenda RECOMMENDED OR REQUESTED ACTION: Approve proposed plan ATTACHMENTS: Adjustment 2020 Briefmg Summary 7/29/2020 s - . wi fin j' Processpan- . Adjustment £ 9 �. 20210 N� loom - w. o JULY 29 1JLY 28jU v � Mason County Community Services • R Authored by:David Windom ,a Adjustment 2020 Moving Community Services Forward 2020 has presented the department with a multitude of challenges. In addition to responding to COVID-19,the Department has learned lessons aboutefflclefty, responsiveness,and flexibility which needs to be captured and implednt6d in a permanent way. x This document presents a plan to incorporate those lessons int xa slightly different structure. Vision _ A Safe and Healthy Mason County Mission Mason County Community Services is a cojtaborative effort that strives to protect quality of life by working to create and maintain a safe and healthy community. Values Maason County,,' munity Services fosters and endorses an environment of Respect in �--\all areas of our daily activities along with a non-judgmental outlook toward the people `we serve and those with whom we work amongst. ," • Inte`nn#y guides each employee to uphold professional ethics and serve with honesty, fairness,and t9yaky an attitude toward good governance. • As stewards of the community,we hold ourselves Accountable for our behavior, performance,and all resources entrusted to our department. 2 • We are Committed to using the least intrusive method possible to achieve optimal public health—informing and educating wherever possible,directing and regulating only when necessary. • Recognizing individual strengths,we encourage Teamwork throughout our Department by active collaboration to;solve problems,make decisions,and achieve common goals. Opportunities The pause in services necessitated by the COVID-19 response rev opportunities to operate in a new manner and to capitalize upon efficiencies. New m ets.of plan ,- review and public health services utilized a combination of Working atfne as well as in-person services. Backlogs were addressed and roles ere revised to suit the current situation. Public Health used this time to respond direct lo COVID-19,to build a trained response team,and address the needs of the homele p pulation and improve . conditions and health outcomes going into tk- euthe e.The department now takes those lessons learned and makes changes to incorp best of those changes. Goals • Adapt roles to addreFwnew,business models A • Incorporate efficiency lessons(earned through COVID-19 • Update technology tos port greater efficiency and throughput • Ensure changes-remain within budget • Pro i the greater flexibility to adapt to changing circumstances • Maxx� a the strengths of current staffing and adding staffing where needed • Provide A,"_; nhanced customer service experience Organization The main structure of Community Services remains intact.Community Development division consists of Building, Planning,and Permit Assistance Center and a Public Health , division consisting of Environmental Health,Community Health and Social Services, and 3 Administration. Both divisions report to a Director of Community Services who is responsible for the overall operations of the Mason County Community Services Department. The next two sections address the divisions individually. `z PUBLIC HEALTH AND HUMAN SERVICES (20FTE)V"A Public Health currently has three managers,5 Environmental Health Specialists,2 Public Health Nurses, 1 Health Educator,4 Community Health Specialists,(rogram coordinators) 1 finance specialist,and 3 administration specialists. Goals • Maximize the ability to respond to pAndemics • Seek funding to address'" chronic dis much as diabetes and Hep C • Maximize online permitte�..Use online procedures to accept and approve permits water and onsite septk,system plans prior to being submitted to building an&PIanning • Even the step see for managers • Add staffing=as needed to manage grants for public health and other county departments Ipgrade wa ksations to allow work from any location Staffi&Adiustment (20.5 FTE) • Managers—3. 1 each for Community Health, Environmental Health,and Administration.Adjust steps to ensure all managers are at the same step • Nurses—2 not including the Community Health Manager • Health Educator—1 Master's level educator.Review and adiust step 4 • Community Health Specialists—4(seek funding to add 1 FTE for chronic disease intervention) • Environmental Health Specialists—6 • Administration—3.5 Add a.5 FTE to assist in grant management Fill Immediately • Finance Technician-1 The budget is sufficient to add an additional.5 person to administration and will allow the tracking of recently added grants supporting programs such as LEAD Technology Improve technology to current community standards.A-lbpt BlueBeam as the plan review standard software to integrate with builders,septic siwen designers,and architects. By using this software, plans can be ubmitted, reviewed,and returned electronically thereby using SmartGov to its f6l est capacity and reducing the need for in lobby plan submission. Public Health replaces tower units with laptops to enable work to be done from the office, iobsite,and home. Nurses and community health specialists should be able to work from any location pco:1 in ase and contact tracing and program support. Costs should be around&X700 per workstation. Work Plat' �5"v y Community Heth • Continue to address the impacts of COVID-19 to the most vulnerable populations • Prepare for a second wave of COVID-19 and the coming flu season • Assist in the development of plans for the fall school start • Develop and implement Hep C interventions using funding through Foundational Public Health Services • Continue to build and facilitate the local Community Health Coalition 5 • Continue to facilitate community partner collaboration for developing,funding, and implementing gap services • Build dissemination of clear and consistent community data to stakeholders and ' ublic • Secure stable funding for current two behavioral health staff positions • Review our web presence to account for new messaging and new-methods • Integrate psychographics into messaging ~ • Seek funding to add at least 1 FTE dedicated to chronic disease rriAnaR' Ment such as diabetes and obesity management Environmental Health • Explore county-wide shellfish protection district and find additional water quality funding sources • Decrease sewage and building permit review times and coordinate with Community Development • Expand implementation of SmartG.orrpermi ins and utilize online features • Continue onsite management mail ng, rking with new provider OnlineRME • Incorporate solid waste,vouchers mta iroe enforcement actions • Educate BOH on EH progra'ins and include staff more in various EH updates • Documentation of EH policies'4nd procedures to reduce impacts from staffing changes Administration • Continueotrack grants with an emphasis on the application of COVID-19 funding kafdress the current response as well as future needs dminister A&D grant in cooperation with the Sheriff's office •' Addla .5 FTE to assist in grant management Fill Immediately • Mevelop budget to reflect grants forecasted. The budget is sufficient to add an additional person(.5 FTE)to the administration staff and will allow the tracking of additional grants and pass through funds to community partners.This position is grant supported. Other positions to be added as grants become available. 6 Grants will be sought that support the mission of public health around water quality and chronic disease prevention. Move Finance Manager from step 29 to step 33 to reflect work now being done for other county and community partners.This will place the Finance Manager at par with other department managers Each manager directly supervises not more than six positions thereby keeping span of control under the maximum recommendation. COMMUNITY DEVELOPMENT Currently (18.5 FTE) Community Development currently has two managers,4 plarF rs,3 permit technicians,2-1 clerical, �,, , 1 planning code enforcement officer, 5 building inspectors/plan reviewers,and one building code enforcement officer. Fire investigation and plan review-Maf&hai services a e contracted. Goals • Keep plan review and permit issuances to under 30 days • Increase tuber o�i to a pointments by 100% • Maximize on a petting.Use online procedures to accept and approve permits for simptprojects such as garages,carports,and pole buildings • IncILA new software to use the same plan review software as currently used by coon",actors and architects • Upgrade orkstations to allow work from any location New Staffing Adjustment (19.5 FTE) • Manager—one.Consolidate duties and adjust step accordingly.Spread salary from discontinued manager position • Planners—four, o three current planners 7 o one subdivision and boundary line,-plaaaeFforest practice and moratorium waiver reviews planner • Permit technicians—four o Two intake techs.Adds one new position.Fill immediately o Two permit delivery and payment processing. Ensure at least one has SmartGov administration rights/training • Convert code enforcement position to building examiner/pi re Qwi )code NNI enforcement.(Technically,all building inspectors enforce code.)Fall immediately • Convert building manager to a long-range planning position.This jsqp funded position.This position can be delegated to a current planner and then back-filled with an additional current planner.Fill this summer • Maintain current five building inspectors,assig�-e ins ae as leadBuilding Inspector V as lead • Maintain^aar^«*^G_hR; ^^clerical,cross t ln4s permit tech • Maintain senior fa~^~^^ter-hRi i^ &gram support technician The budget is sufficient to add)an additions on to the permit tech staff and will allow the doubling of intakes.Tht%position is fee supported. Conversion of other positions are budget neutral.As thexpansion of Belfair increases,another building inspector is forecaf3ed to focus on Belfair exclusively. Tie the community devef'a ,ment position to the economy adding positions as demand and revenue id16-s to i prove responsiveness.Add staffing to intake initially and as revenue,comes In,- ddluilding inspectors as appropriate to meet demand. Commerrdal plans for apartments and larger projects will be sent out immediate) for p P g P J Y third party`rr,eview.Staff recommends an immediate RFP to seek a third-party vendor with language within the contract to ensure that forwarded projects receive immediate priority review. Staff intends to explore expedited service with appropriate fee attached that would also be forwarded to third party review. 8 The community development administrator directly supervises three lead positions thereby keeping span of control under the recommendation of not more than six people supervised. Formatted:Font:(Default)+Body(Times New --------------------------- ------- ---------------------------------------------------------------- Roman),16 pt Formatted:Font:Not Bold ---------------------------------------------- ---- - -- ---- - --- --- ts Adept 4dmbp or^,�*'^^ +,^ ^r ^�«.•, ., ^r^1,^^,^^ By using this softwa e,p ens can be submitted, reviewed,and returned electronically the v us g SmartGov to its fullest capacity and reducing the need for in lobby plan submission. v t Formatted:Font:Not Bold ------------ -- -- ---------- -------- --------- --------- --------- --------- --------- Costs should be around$1600-$2000•per workst tion.Current revenue supports this upgrade. �-. Formatted.Font:14 pt,Not Bold Formatted:Normal Workplan Planning • Revis�and adopt' a capital facilities plan • Man^a��e consultant work for the Belfair Planned Action EIS • ContlnWto work with Water Resource Inventory Areas(WRIA's 14, 15,and Chehalis Basin)and provide leadership,science,and data for completing the Water Resource Enhancement Committee plans for adoption not later than (NLT) June 30,2021. • Continue to work with the Squaxin Tribe for completion of the MOU. o Supply data and reports from Smart Gov for 2019 o Delineate one geographical area for research into water uses, populations, . water balances,building trends and future estimates 9 • Reviseand-adept the rritiGai AFeas Q;diRa,nGePeriodic review and update of the Shoreline Master Plan • Employ work from home as needed Permit Center • Reduce paper permit processing by 20% • Refine submittal scheduling and digital application processor • Send [CC Certified Permit team to WABO's 2020 Annual Educ tonal Institute • Expand more permits into the on-line portal • Expand direct issue over the counter/online permits • One-year update and training for Smart Gov • Double intake rates • Employ work from home as needed Building Review and inspection • Adopt 2018 International Building,Existing Buii0 , Residential, Energy Conservation,Mechanical, Fuel Ga`f,�im Pool an pa Codes,and Uniform Plumbing code along with their applib Washington State Amendments by early 2021 (N • Send ICC Certified Inspectorkteam to WABO's 20210 Annual Educational Institute • Explore online educational resources • Align plan reews to less than 30 days • Sustain schedule"„i spections within one week or less • Integrate`;eiectronic a%p-based field inspections with laptop • Employ in t f Vfrom home as needed Fire M hal • AdN8'ih 2018 International Fire and International Wild-Urban Interface Code with Washington State Amendments byearly 2021 41W effective date • Expand online review PUBLIC WEALTH AND HUMAN SERVICES (29PTC) 10 - / Wealth Nursed 9 Health CduGater A re\,,.. uRit..Health Spedal:c+o (p FenYGee rd: a+.. s) i finaRGe spedalist, nd 3 admffiRistFatien spedalists. G • nAaximn+e the.\h:l:+..+e. nd to pandemics • CeeL fund:ng+e-.ddYess ch Yen:r.d:ge�re yigh dk;he+es and Llep r i building and planning • C\.en the step Bale fe.managers depar-tmeRTJ UAW • #gage;s— ^h far r .r. \,Health, Cn RW ue-\I+M and Admini4r;a "I nc--rp all managers We at the same step _ .. n uFses— ..,,+:n,l d:..+w.,ren,,,..n:+\.Wealth nn.Rager • € an eetalPpith Speeiailsts • Ad stF 3 Acid r t rrto+ assist:n n+management :►J c + Fi .-.--e eek eia;r1 alln\..+he+YAGL:Rg of Feeen+l\,added g n+s supporting pi;egams \rah as I Cnrl \A/e,Ykn Formatted:Font:(Default)+Body(Times New ------------------------------------------------------------------------------------------------- Roman),16 pt 11 Community Health GeRtinue to add . s the; a +s of rnvin_1D+.,the Most vulne Fable p „latiens • D..,.,@Fe feeseeeRd viave of GOVln 1 O a..d the G g flu SeaSGR • Assist i the d,,.,.lepm.Rt of nlaRs fee the f;ll sta ft • n I d implement Pep r iRte..,eRtieRs , ..fWRdiI;g+h.GUgh COURda+iGRal D„hl;.-Health cam,.-. eS o+ XI • reRti.ue to h„ild and faeili+-.+.,the 1., ;I r. ..;+., % h nd; No n+'n gap 5-1 -, • c.,e,,re s+Ale f,,..diRg fee GUFFeRt t..,9 , fURdiRg 01 7 i .-�, ti tFabon r + + L• +� '+h has' +h li +; f rn�/I n_sD — cvrrcrrraccv cro crt�ii�ircr�"v'rmvrrcn�prraai,`�vrrcn cvp,p�,ca c,o i�v� c v v i o v • Admi..i,te-Fthe LEAD g ..+in Fat4 R with the Sheriff!„effirt, • Add-, C CTC to assist i gFa.,+m ..+C;11 12 aFtRerr Thir r, si+ieR i gFaRt r epter! Qthei:r si+ieRs to be added agF GFaRts will be seught that suppeFt the rnissieR ef publiG health areundd wateF quality r..d ehrRRiP di---se p RtieR Conclusio n The department I^incorporat6Ztessons learned from the COVID-19 shutdown to maximize efficiency d increase flexibility. Disease response remains the primary objective wfj le ensurin�hat building and development processes continue.Small changes iri"saffing and increased use of technology address current obligations while looking toward uture, projected needs. The County will need to add a COVID Coordinator position at Department of Emergency , Management to run through the duration of the current pandemic to provide current information and relief for DEM staffing. Money is coming available from DOH that will fund temporary positions for contact tracing and coordination. 13 E X-N m � E { a 14 ................................................................ ......................................................................... ............ ......................... ---—---- MMUNITY DEVELOPMENT ............................................................................................................................................................................................................ EFFECnVE DATE 202a,Bu�pt!!ppmq 202113t ................................................ .......................... 8/31/2020:$ (83,647)1 —809Y L-- L-..—_jUMllNATEPAU�NAGERffff VE ......................................................... 'Total Benefits: r,)l .... .................. .......................... otaISLk!n s�jBqngf:ts $—.,-Jg_8j57 LL.......1-,412 ............... .......... ......................................................................................................................................................................................................................................................... Total 2 ........... 43,705. ................ $...........I.....................................STEP_?...................._............................................. ......................................... !Total Benefits: Total Salaries&Benefits: 20,138 $ 77,012 ............................................................................................................................................................................................................................................... ................................................................................................... .......................................................................................... ..................................................... ...................... ............................................................... ------ !jotal,5alarles&Wagts. NEW PLANNER III STEP 2 i 9/1/20201 18087.$ GznlL2 iTotal Benefits: ................................................................................................ ...................... ................................... i 27 261 $tTotal Salaries&Benefits: ..........................................................................................................................................J. ........................... :(TITLE CHANGE/PROMOTION)RANGE 33 STEPS -_Total Salaries& 1/202OA 4,460) iTotal Benefits: 2,T .................---................ .................................................................................................... ..... ....................................... Total Salaries&Benefits: .................. 5,381 .................... ................................................................................... ry Rts.Budget ImpaqH R Budget .......... 15,1188 $ 53JL .................. _jIkATq I . -.1 : i !TechnoLogy...................................................................................... ..... ....... .............................. alth Acirninktrad— .....................................................................................................................................................................-........................................................... ................................... ................ . ....... ............... ............ ........................ ........ .................... Total ............................. ............. ............. ........................................................m36J................................................................. 47441 5— ... ............... ........................................................................ . .......................................... ....................................................... -1 .....................................................................................................................................................--------.................. ......... . . ...... .................................. ................................. ;(TREE CHANGE/PROMOTIONI Range 29 step S !-PL4!Salary......... WrRangejste.p ...................... .................................................. ............................ 2561 768 Total Salaryand Benefits ............... ...... .............-....................... .................... ........................... .................................... ----------- ............... .... FrE........i(New)Chmni. Salary...._..'--_..."". ..... ..—---.-­6F;a i.iai , . � s Total Benefllts ................................................. ................................... ....................................... ............................ i.Ll a!y and Benefits,' ...................... ..........�.'...'.fsalayadBee4tOu..d..o.e........l...tjipa.................................. ........ ....................... 1.......... ...... � .. 1, ........................................ 33,016 .1e 0 10,000 2D,000 ,hnology ................................... ................... .....................:...., -.-- N* -*............................ .. .... _LN — -- I .................--- Revenue i(Ne Grant ................... ...... ..... ......... ................................................................. ..................................... .. .... .. ... . ............. ............................................................. ........................... ..................... ................................ ......................... ......................................................... ........... ................. ............ .................................... — 14, =!TJ 15 MASON COUNTY PUBLIC WORKS—COMMISSIONER BRIEFING August 3,2020 Briefing Items 1. Franchise Agreement with Blue Herring Condo Owners Association 2. New ecology block wall located at 16391 North Shore Road (Agreement w/property owners and solicit for bids to construct wall) 3. Procure bids and execute a contract for Valley Rose culvert replacement project 4. Agreement with WDFW to utilize platted park in the Haven Lake area for fishery project 5. Fire District 11 —Fire protection and emergency medical service for Public Works FaciIii} property. 6. Out of Class pay for Michele Morris Discussion Items • Purchase Server for PW Finance • Blue Box Recycling contract o Drop Box contract Commissioner Follow-Up Items Upcoming Calendar/Action Items Attendees Commissioners: _Randy Neatherlin _Kevin Shutty Sharon Trask MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Mike Collins, PLS, PE, Deputy Director/County Engineer DEPARTMENT: Public Works EXT: 450 _I BRIEFING DATE. August 3, 2020 INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal ❑ Other — please explain ITEM: Blue Heron Condominium Association Franchise application EXECUTIVE SUMMARY: Blue Heron Condominium Association has applied for a Franchise Agreement with Mason County to cover their sewer transport line that was installed within-the county road right of way early in the 1970's. The sewer transport line is located along the east side of Orre Nobles Road and underneath Dalby.Road between parcel number 32104-75-90013 and parcel number 32104-22-000020. (See attached map). BUDGET IMPACT: No budget impacts. An application fee of $400 has been paid to process the proposed Franchise application. PUBLIC OUTREACH: The public will be notified through the normal public hearing notice process. Public Works staff has communicated with the Blue Heron Condominium Association via email, and phone calls with Board member Bob Spurrell. RECOMMENDED OR REQUESTED ACTION: Recommend the Board set a hearing for August 25, 2020 9:15am to consider approving the franchise agreement application between Mason County and Blue Heron.Condominium . Association Franchise agreement application granting permission to have their existing utility line under and along Orre Nobles Road and under and across the Dalby Road. Attachments: 1. Franchise Agreement/location map (Exhibit B) 2. Notice IN THE MATTER.OF THE APPLICATION OF BLUE HERON CONDOMNUNI ASSOCIATION FORA FRANCHISE.PERMIT TO CONSTRUCT, OPERATE,AND .MAINTAIN SEWERUTILITY FACILITIES, QV.E%ALONG AND UNDER COUNTY ROADS AND;HIGHWAYS LOCATED IN MASON';COUNTY,WASHINGTON Applicatioi%of(1Vame of Operator.)NW Cascade Flo.Hawks, doing business in Washington as Flo:4'awks Plurnbina and Sept cti with its principal'offices located at PO BOX 73399;.Fuyallup,WA 98373, b and"throe h: exson authorized td acfi ar:and on belial o d; ucdnt Carl Evanson; y g �P f f.f pP 16r afiandhise to:construct;operate.and.rnaintain(description oftype) :'sewer utility u facilities in,over,along=and under.,county roads and highways in"Mason.County,,Washington,as setforth in attached Exhibit"B"(Franchise Area);having,come on regularly for hearing before the County Commissioners ofMason County,Washington,on the day of 20 ,at the hour of" under the provisions of.RCW 36.55,RCW 80:32 010 and RCW 803.E 040,and: t appearing to the BQarcl thafinotice of said hearing:has been duly given as, required 1ty.law,and that,it is i rthe public interest to allowlhe franchise herein granted;_ NOW THEREFORE;IT IS ORDERED that a non-exelusive fri ,chise be,and the same is hereby given and granted to Operator;and"its;successors and assigns,.hereinafter referred to:as the Franchisee;.for a.penod of 10 years wrth`automatic r..eriewal at;the end of each tem of l0.-_ears unless,either party gives'.the:other written notice of,ternunation at least 30 days prior to the end ofthe relevantterm.(no more than ten years:each term and can only be:renewed 3 tiines)from and afterthe date of theze4tryof this'order for the purposes,at the location(s),,and upon the express termsand:condtions as d"escribed herein. I: DEFINITIONS For the purposes,of this franchise,terms,phrases;words; acid their derivations not clefined,heieiri, that aredefined iu Title;l2 of'the Mason County Code or:the.Manual on Ae oinmodatmg Utilities in the-Mason County°Right of=Way published by the County Engineer(the"Manual'),shall have die"same meaning or be interpreted as provided.in Title 12.of the Mason County Code or, the Manual Words not defined here,in T�tle.'l2 of the;lVlason County Code or the . shall have their ordinary meaning. A reference to Title 12 of the"Mason;County Code.or the.Manual refers; to:the,same as maybe anencled,revised,updated`,re-enacted or re-co clf ed from time to time. II_ GRANT The County of 1Vlason Hereby grants to the Franchisee a non exclusive franchise wlieh,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,"W',.for'tl epuzpose.of installing; construct ug,zr aintainmg,.rep au7ng,:xeplading,adjusting;relocating and operating the utility facilities,:which grant.shall.be limited to the follow ingdescriUed'purpose(s) :;SEWER: Such.grant is:subject to and.:must:be:exercised:in strict accordance with. and subject:to this fraticl ise,, Tine 12. of. the; Mason County Code; the Manual and: :all applicable laws, rules;.; regulations and Ord es'; Franehsee'°s;exercise of any rights granted pursuant fo the fi anchise 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<tolhe franchisee by implication, This ft`anchis;e does not include permission to enter.into or:upon the road rights-of-wayfor;any purposes others than the:purposes expressly described herein: Permittee has a duty to.notify the:County of any change n use or=condition of'th"tility facilities that may affect the status of the utility facilities. or the.impact of the utility;facilitttes;upon the road rights-ofw;way.: III. UTII;I I'Y 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 facilitieswithin the,road rights=of-way,wiithout,first applyiugfor,paying all associated fees,;and obtaining,a utility permit as required pursuant to Title ;l2 of the Mason County:Code. In any utility permit so issued,.the County may impose;,:as a condition of the grantingi.the: utility permit, such conditions and regulations. as;may be necessary for the protection, preservation and management of the road rights-of-way;incIYiding,by way of example and not.liziitation for the purpose.ofprotecting any structures in the road rights-of-way;;maintaining proper;distance from other utilities, ensuring the proper restoration of such toad 11'94ts-of4ay and,s,.o ires; 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 far 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 countyroads,rights= of way or, other county'property upon plans;drawnAo:scale,Hereinafter collectively referred to as the"map;of definite location;,. $:. The class and type of material arid:equipment to be used;,�riianner of excavation, construction;- installation, backfill,. erection of: temporary structures, erection of,, permanent structures,traff c control,traffic turnouts and road obstructions;, C They 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.in..tegrity of theroadway,.bridge,or:othstr er icture; F. Specifications for the;restoration of the county, road, right-of-may or;`other county pzoperty in the event that the road right of way will.be distuurbed by the Work;,,and. j G Provision for'ease of Tutu e road:maintenance<and appearance of the roadway: r Provision shall be made for known or planned expansion of the utility facilities;particularly those located underground or:atto*cA to bridges;or other structures within-the.road right of--way. The locatiob alignment and;depth:of the utility facil ties'shall:conforra-With:so! map of definite location,except, instances in which deviation maybe allowed:thereafter in writing by the County N. Engineer pursuant to.application by Franchisee. 3 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 worki'on account'of granting the utility permits. IV. REMRATION OF ROAD RIGHT DF WAY in any Work which disturbs::or:causes damAgeto th ri e rd ghWof waysubjectto thus francliisei: public or private property,the Franchisee shall atY is 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 propertyso.disturbed or damaged,and leave the.same m as-good or better coridihon as before the, Work was commenced;;to the reasonable satisfaction of the County Engineer: The Franchisee shall a all costs of and expenses incurred in the%examination,inspection and approval of.such restoration or<:repair: Tlie County Comzxiissioners and/orCounty Engineer may at any t cio, order or have done.any and 611work that°they consider necessary to:;restore to a safe eonchtior such County road right of way or other County property,left by the Franchisee or its agentsin 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 uuderstauds that,withregard to Work within the road rights of way: A. All of Franelusee's utility fac Wes 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 adminisiratxvremAatigns.adopted by the.County Engineer,o.tli*erI couzity established requirements for placement of utility facilities in road rig hts-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:toad 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 togetherwith adequate exhibits depic- g exi: g or proposed location of the utility facility'iw relation to the road,,including right-:of way or easement:lines; relationship to currently planned-road revisions,if applicable;andall locations and situations;for which deviations in depth of cover(including the proposed method of protection),or other locational standards that are anticipated, Q, All.Work.-to`utility facilities located;wi: 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 thanin ways approve.d:by the County,.with.the construction,,operation and maintenance of'othdf utilities, public or private,drains,drainage ditches and structures;irrigation ditches and structures;located therein,:riorw ththe grading orunprovements of such Countyroads,-rights-of way or,other County properly; D. The owners and operators of all utility facilities (public or private) installed in the Franchise Area or,other county progeny prior in time to fire utility facilities.of the Franchisee,shall.. have preference`as to the aligniiient`and'location;of sueh'utilites`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 riglit>of-way; E. Franchisee shall perform the Work and operate its utility facilities in a manner that r i mites interference`witli-the use:of the Toad rights=of.--way by others,including others that may bediistallingutility facilities•,and. F The County m4y require that Ranchisee'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 Frauchisee is not willing to comply with the County's requireii eats; and may remove, or require removal off any utility facility thhat is:not installed in. compliance with the requirements established.by the County,or which.is installed without prior County approval:of ti e:.time;place,or mahher of i ist.llatiori aril charge the Franchisee foralt fhe costs associated with removal, and may require Franchisee to:cooperate with others to M i;,,ize: adverse.i mpacts,on the road.iights of=way through joint trenching_and:other:arrangements- G. The County :may inspect: the: utility :facilities at any time reasonable under the; F circumstances:to ensure compliance with this franchise and applicable Iaw including:to ensure thatthe:uti mtaindnconin,y s dne f unsafe condition is found exist?the County,in addition to taking any,other action permitted:under applicable law;: mayor the Franchisee,in writing,to inake the necessary repairs and alterations specified therem forthwith to correct the unsafe condition on A.time-table established by the County which is xeasonabl"e in light.of the ninsafe condition, The Countyhas the:right to correct;inspect;adi iiiister,. and repair the unsafe;condition if the Franchisee fails to do so, and to charge_'the Franchisee therefore. The right of the.Countyto conduct such;inspections and order or.make.repairs.,;shall Apt pairs,construed to create,an obligation therefore, and such obligation to construct;and maintain its utility facilities: n a safe,condition shall at all times:remain th&sole obligation.of the Franchisee_: 4 t H. When required by the County;Franchisee:shall make;information available to the public regarding any work the ongoing installation,construction,adjustment ;relocation,repair or maintenance of its utility facilities sufficient to show(1)the nature of the work b6agperfortned, (2)Whereat is being perforined;(3)its estimated completion date,and.(4)progress to completion:. s I; FRANCHISEE IS PLACED ON NOTICE THAT" FIBER OPTIC, COMMUNICATIONS, POWER, CONTROL SYSTEMS ER OTH TYPES OF CABLES;AND PIPELINES MAYBE BURIED ON TM RIGHT OF WAY. Before beginning any underground work,Fran chisee will.contact the-appropriate personnel to have such..facilities:locafed arid: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 thus:A.greement, 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 court1 costs; and.expenses) arising out of or m,any way` Contributed to,by any act or omission of Franchisee,its coiocjt xa'agents and/or employees;that, cause or'in any way or.degree contribute to(I)any daimage.to 'destruction.-of any such facilities by Franchisee,and/or:its,contractor;:agents.;and/or:employees on the County's properly, (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 and/or(3)any claim or.cause;of action for -- alleged loss of.profits or revenue,or loss.ofservice,by a customer.or f .ervices or products" of such co any (collectively "Liabilities" for. purposes-;of, this Section VI): The only Liat ilities;with respect to which Frariclusee'9 obligation to indemnify the.COunty"and its elected and appointed offcers,,ernployees"and agents does not apply are Lalhties o 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 andits elected:and appointed o"fficers,employees and;agents:for which file Co cannot be indemnified: unty J.. Franchisee:shall Continuously lie.a member:,of the:State of..�Wash,ingtoIl Ogre number ? locator service"under RCW 1.9122, or ar approved equivalent; and:shall :comply with.all:such. applicable rules.and regulations`.: K. Except in the event.of emergency as described belb*,Franchisee and its Agents may not enter;upon the Franchise:Area to;perfotri 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�involvi ng 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 emergeiiey, provided however,that f any entry for such puuposes would: require"issuance<of a.ut lity'perm t,Franchisee shall give the County,verbal or,telephonic:n0 CP of file places'where and tle"manner.in which entry is;required prior to such entry,promptly followed by written notice. In:all Cases,notice.to the County shall be,gven as far in:advance as practical: prior toentry or as soon as practicable.after;entry"upon the road fight-of-Way- .: f' }, x 5 F M. Franclusee;: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 presenee,. construction,.,maintenance,•.repair; or operation of the Franchiseest utility facilities in the road rights-of-way, N. If,,during"installation, construction,relocation,.realignment,odjustmeut,:maiiifenance. or'repair of the Franchisee's utslity faeilifies in the road nghts-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 iris manner as specified by the County. Any"such arfifacf 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 workmaxi-like:manner: In the. performance of Work within or near the road rights`of way,;'mcluding without limitation,:the opening,of trenches and the tunneling under.county..roads,rights-df wayor other Bounty property, the"Franchiseeshall 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 arse by reason of such Work;and where any of such trenches, :ditclies and tumneLs;are.left o en at 41,p ght, the Frariclusee shall place warms g hght5;: barricades and:other appropriate protective<devices at such a position as to give adequate.warri ng 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 orneglect, or through any'failure or.neglect to properly guard or give:warning;of any trenches; ditches or t1u nois. dug or=maintained by the Franchisee.. VI.L POLICE POWERS The County of lVlason;in,granting this:frannchise,,.. oes riot waive any.rights-which it now has°or may hereafter acquire with respect to.county roads;rights-of way or other=unty:property and this franchise..shall.;not be construed to deprive.the,co, unty of any powers,rights.or privileges which;t now has or may hereafter acquire to regulate theuse of land to coritrol.the county roads,rights=of way and: other county property covered by'ths franchise. "The County retains the right to administer and regulate activities of the Franchisee up.to'the fullest of the;lavv. The failure to.reserve a particular right to'regulate,or reference.a particular regulation,shall notbe interpreted by negative implication or otherwise to preventthe application of a egulat on to the Franchisee_ VIIL. RELOCATION` Franchisee.shah',inn the.course of any Work,comply with the following requirements:. A. The Franchisee:shall,by a timd specified bythe County,protect,.support,temporarily discoinneet,.relocate, or remove aiiy of its,util ty 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 ofzoad right of way grade;construction,installation, 6 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 o -;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 performiig the herein described work,may delay, binder, or interfere with the work.performod by the County an contractors and.subcontractors,-done in: u erance of.such k lic Work,and.result.in damage to the County,including but not'limited to,delay claims. Franchisee sYtall 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,Uhdrance of, or interference with`the Public Work Tie County'of Niason:shall make available to the Franchisee a copy of the Svc Year Transportation Program and tlie.County's annual construction.program after adoption each year. It is anticipated these programswill aid the utility in planning construction programs. a B: Fraricliisee}as a.ditty to protect its utility facilities from work;performed.by the County within the road:rights-of way; The rights granted-to the Franchisee�hereiri.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 lie given.a minimum of forty eight:(48)fi s;notice of said., blasting or otherwork in order that the Franchisee may protect ats utility facilities: C. In the event.of art emergency, or where.the.utility:facility'creates or is contributing to an imminent danger to health;.safety; ounty: or property; the C :may protect; support;temporarily disconnect, remove, .or relocate any or`all parts of the utility faciiity'wiflipi prior notice, and charge the Franchisee for costs incurzed: D If any`Persori that`is authorized;to place facilities,in the road right of way requests the Franchisee to protect,:suppQx ,teiriporanly c scomeet;x Move :or relocate the Franchisee's utility facilities to accommodate the construction, operation; or repair of`tlie facilities of such other pe son, the Franchisee.shall, after 3�days' advance:'written. notice, take .action to effect the- necessary changes requested; provided:that, if,°such protect: is related to or competes: with Franchisee's servzce;or:if the:effect;of suct:::changes'would.be to permanently deprive Franchisee of the,benefical enjoyment of.this.franchise for its intended purposes.through interference with the operation of Frariclusee's utility°facilities or otherwise, Franchisee shall not be required to- relocate its utilityfacilities. Unless the matter is governed by valid,contract:or a state.or.federal. law.or:regulation, or unless:the-Franchisee's utility.facilities were:riot.properly installed,, the reasonable cost of:the same shall b'e borne by the Person requesting the protection, support;, teriipo"racy disconnection,`removal,or relocation at no charge to:the County,even'if the County snakes lie request'for such action. 7 f E:The Fratchiseef shall; on the request-of any personhoIding a vg permit issued by a governmental:authority,temporanlyraise or lower.its wires toperm tithe moving'of buildings:-or. other objects. The expense of such tempordry removal or raising or lowering of wires shall lie paid by the person requesting the;same. The County of Mason will accept liability for direct and actual damages to sad,Fratichisee 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 the original franchise agreement under Sectran Vl[1,paragraph B. Direct:and.actual damages are speeificallp limited to pliysieal damage to properly installed and:located infrastructure: of,the Franchisee and the.cost to repair such physical darnage Mason County retaibs the right to assert a11,applicable defenses ii the event of a dispute including contributory negligence:on the 'Part-of the Franchisee,`Mason County.shall in na way be liable fot ncidetitEil damages.clanned 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..:arid expenses'incurred in the:examination, inspection and approval of such work> IX: PRESERVATION OF MON[MENT$AVL RI-ERS Before any work is performed under this franchise which may affect.any, existing monuments or niarkers:;of,any:nature relating to subdivisions,plats,.roads and all other.surveys the Franchisee shall reference:all such monuments and markers: Thereference points shall be:so,locatedthat they will not be disturbed during;the Franchisee's operations under this:franchise The method of referencing these monuments or other 1poihts to be:referenced:shall:be approved:by the;:County Engineer; The;replacement of all.such monuments armaikers 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 nouinents shall lie:borne liy tlie;Franchisee; Acomplete set of reference notes foz 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` acqunuig:the,fee or other property;iiterest'in said road,right of way or other county.property fgr the use of Mason County,.in either its proprietary or governmental capacity, then the Board of Mason County Commissioners may,at is option;:and,by giv en thirty(30) days writt ceen noti 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 Masoii,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. { ,8 reserve easements for utilities at the time of road.vacation, and,will continue to be the practice until such tune the Board of Mason:County Commissioners direct"a change"of praetiee; )m FINANCIAL;SECURITY A. Insurance: EXcept as otherwise provided herein, Franchisee shall.maintain for itself and the County 'throughout the entire period any;part of F.ranchisee's utility facilities:are located in tfe Franchise Area; adequate insurance to protect the;_Parties'and theix 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 ob,ligation shall require the:Franchisee to.maintain insurance at least iii the.;following amounts : I 1.COMMERCIAL:GENERAL LIABILITY insurance to cover liability,bodily injury,aiicl property d%age: The."Commercial Gezieral 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 t from personal injury;'bodily ujury and death,property damage;products liability and completed_ operations. Such inst rauce"sl include blanket contractual coverage;.including coverage for the:: Franchise as now.or hereafter amended andspecific coverage for the indemnity provisions set'forth herein. Coverage must be written_with th6following limits of liability: Bodily and Personal InturY&'Proger!y Damage. $1,000,000 per Occurrence $2,000,000 aggregate 2 WORKERS- COMPENSATION insurance shall be maintained to.comply with E statutory limits-for all.employees,and in the ease airy--Wp J isssublet,:the.:Franchisee shall require. F, its:contractors:an&subcontractors similarlyto:provde workers'compensationinsurancefor.all the employees, The f ranchisee shall also maintain,_durffi the life:of thus policy ,employer's liability insurance;:prov ded that-this obligation sh`all`not.apply to any time period during which Franchisee has no employees. The Pollowmg inninun limits must be maintained. i Workers'Compensation: Statutory Employer's."Liability $ 1,000,000:each., ccuirence I CQWREHENSTYE AUTO LIABhLU Y insurance:shall include owned hired; and non owned;vehicles operated by Franchisee;employees on an occurrence:basin with coverage of at least$2,000,000 per.occurrence. If the Franchisee,its.contractors;or subcontractors:;do nothave>tlie 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 iiisurance::and approved:by the: County's RRiskManager.for the GENERAL LIABILITY`policies described above,:sliall.'be se..ntto i. 9 J. the.Counfiy's risk manager. `The certificate:shall be f led with the acceptanec.of.the franchise,-and annuallythereafter,aiid 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 gvento the County. In the event that the insurance certificate provided indicates that-the insurance,shall terminate or: lapse during the>period of tlie:franchise;then,in that event;the,Franchisee slid1l furnish,4t 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 terminaton.during the balance of.theperiod ofthe 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 saiiie. Any..otlier coverage maintained by County shall:be excess of this coverage herein:def ned as primaty and shall not contribute4ith it.. The certificafe of:nsurance must:reflect,that the above worduig is ingluded in all such policies: Each:insurance policy obtained.pursuant;to this;franchise shall be:issued by fiinancially 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 -f"AA"and a class of"X"`or better in the latest-edition of"Besf s Key Rating Guide'.'published by A M.Best.Company,or,such other financial rating or rating guide approved in writing by`the C:ountys.risk:mai ager..In.tlie event that at any tine during coverage;the iinsurer,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 C.ounty reserves the right to:changg 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 covera,ge. obtained pursuant to this franchise':shall'include'an endorsement(standard JS.Q form CG=244 7) deleting-all exclusions` for work;or incidents occurring within any distance from a railroad track or;railroad property,-of, 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.geneial liability=insurance policies obtained;pur'suant t. this ichi, shall name the 10 County as an additional'insured without limitation,pursuant to an endorsemerf:approved of by the County's Risk Manager or designee. Franchisee anc Franchisee's Coritrac#ors' Insurers;thrqugli policy endorsement, shall'waive:their rights of:subrogation ,gainsttl e 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'utihty operators.,may include.a,reasonable deductible or.self insured retention;provided,however, that as to any Loss orDain a covered as provided herein,Lf Franchisee elects to include any deductible or.self insuredretention,"Franchisee;shall itself,"irectly cover,:in'lieu of insurance,,any aria all County liabilities that would otherwise.in:accordance with the:provisions of this :Franchise be covered by Franchisee':s insurance ifFranchisee elected riot to includea deductible or;self=insured retention. Such direct.coverage by Franchisee shall be;in an;amoim equal to. the amount;of Franchisee's actual deductible or self-;iizsured retention. Franchisee shall be requiredto provide a certification of self insurance retention to"thecounty in'a form and content acceptable.to the county engineer.. B: Peiformanee%Payment.Bond:. At:the s..ame time Fran chi see provides its acceptance of this Franchise,the.Franchisee shall, required by'the County`Engineer,provide a:;perfonnance and payment bond to:ensure the.full and faithful performance of:all of its r"esponsibihties, under this frauclise,and applicable'ntles;.regulations.and ordinances,including,by way of exaniiple,but; not1imited"to,its obligations to relocate And;remove:its utility facilities,to restore"the road.rights oPway 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 ($ : The amourt.of tine: bond,:or'cash deposit:as described below;may be adjusted by the County every five years,from the date of execution-ofthis franchise;to.take into account cumulative inflation Or.mcreased nsI s to the County.The Franchisee may be requira to obtain additional bonds in accordance with the: Gounty's;ordinary practices:. The bond shall be;in a form with terms and conditxoiis acceptable:to the oun y and reviewed and'approved by the county Engineer. The bond shall.be with a surety with a rating no less titan"A:X' in the latest edition of"Bests:Key"Rating Guide,"'published by A.M.BesWuide The.'Franchisee.shall pay;al premiums or costs associated with maintaining the bond,anti shall]peep the sameirx fall'force and effect at all times,If Fanchisee"fails to proride_oz maintain the bond,then;the"County,:n its sole discrehou,: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 CO substitute an equivalent cash.ciepost; instead of a performance and payment bond. This cash deposit shall ensure the full and faxthfil performance of all of Franchisee's responsibilities hereto under this Permit and all applicable laws; rules,regulations or ordinances. This includes;but rs not limited to,its obligat�ans;to relocate.or remove its facilities;.restore:the road.nglits= w of ay and:other properly to then original"condition, reimbursing the County for its costs,and keepmg'FrancWs.ee's insurance in hill force. The County shall notify Franchisee in writing,by certified mail,:of any default and.shall give Ll' thry( ) Y Franchisee it3Q.. _.. days from thedate of ucH.noticeao cure any`such.default: In the evezitthat the Franchisee fails to cure such.default to the.satisfaction.of the County,.the:County may,.at its option,forfeit the entiteamount ofthe cash depositor.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 wrifing of such cure. in the event that the.County draws upon the cash:deposit.or-forfeits the same, Franchisee shall. thereupon replenish the sash deposit to:theRill amount as specified hereiri.or provide a replacement` performance.and paymentbond. Before any Work.commences in the road.Aght=of-way; the County Engineer may require the operatorfo provide a:performance and:paymentbond,for each separate proJect'in an amouzxt o.be determined by the County.Engineer; but not less than five Hundred,dollars, writtom,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 indurred.by the County to enforce. the requi ements-of this:Chapter. Thd.performance and payment bond,shallbe.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'_m' place a blanket performance bond;and,when requred,::a payment bond,.maintained pursuant to the requirements ofthis franchise: A performance.and.:paymenYaond for.work in the,road right=of-way will not be.required_of the e: 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 1jabiliiy. To the fullest extentw permitted by law; the Franchisee shall, and shaII cause its contractors) to release,.indemnify,defend:and:hold.harmless the county and the count y's legal representatives,, officer (elected or }, appointed) employees, and... agents (collectively "indemn tees').for,from and;against any;and all claims,,liabil ties.; fines;:penalties, cost,damages,losses;;hens;;causes.of actx'on,suits,demands,judgments and expenses(including, without limitations;court costs,attorneys'fee-and:costs.of investigation,removal and iemediation. and governmental.oversight costs);EnvironmentA,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 Chi wholek or in part): 1.. this:franchise; 2. any.rights,or interests granted pursuant to this franchise; I franchisee's occupation and use of the road right of way; 12 ti utility:facilities; 4; franchisee's operatiotrof its -5. the presence of utility facilities within the l ght OfWaT �6. the environmental condition and status. of the road, kightrof=WAY caused:by,; aggravat6d by,or_contributed to,invbble.or.in.part by-franchisee.pf.ifs'..AgOnts; or 7. The,acts,eiiors,,or orni8sions of third vartieswhen arising.but,of the installation,, construction,. adjustment, relocation., replacement, removal,.or.'maintenance;of.such,thud.party utility fa6ilities;within:the road riWAsrof-way when such work is:performed under;authority;of the operator's,utility.pennit,o, r at the direction.or'imdei the control of the operator;or. 6 franchisee or,ftanohisp t 8. any AQ't:or omission. f p,s:agen s, The only liabilities:with respect toVhibhIranchisq6'&obligation to hid.emnifyfhe indemnitees do 1-6-1-fi to the extent, g p t f sed by or resulting.;from the.negligence of -not apply,at!,-liabilities W es an in u.:o, caused. the countyi its officets,agents;'employees 9rcoAtr actors and liabilities that by law the indemnYties cannon--be in exnnified:for. 'Upon written notice from the county, franchisee agrees to assume the defense of any lawsuit or it b matter'miyq4t�,rolating:toaji)r.ib:dtt' ' bVete&by. 0 'Proceeding:brought against,anyindenini.ee y this franchise fof which-frarichisde.has ari:obligat onto assume liability for and/or save and hold harmless poy,,i:aidemnite6..Frahchis6e-sb:alI pay 41 cost incident to such defense,including;but not t limited to,attomeys':fees,:investigators7l fees,litigation.and.appeal,expenses;settlement payments t andamounts paid irisatisfaction ofiucipainerits.. Franchisee:will fi satisfy saidjudgment ffly i wwhin difi mnety.(90)days,after paid suitor action shall hav&finally-been determine determined adversely to Mason County.. Upon the Franchisee's fa ure to'satisfy'said judgment within.1he:ninety,(90) 1 day period'this ftanchisq.shall at;once-cease,and,t6riniti2itb., _k�p OTIAO—Y by-Ahe Co etfi , d b the Franchisee at the' of com Acceptance unty of avy,W f Ape - ' shall notbe grounds Rif avoidance, Q f.. `this'covenant., '3M. FRANCHISE NONEXCLUSIVE: ThisTranchise Shall not be deemed to be an exclusive franchise. It shall in:no manner prohibit the: County of Mason from granting offidr.utilities- along; across, over.and,upon any of the, County toads,fi County pr9per and shall rights-of-way C ty.subject,to this.franchise intro way. prevent or prohibit the County of Mason from constructing, altering,maintaining of using any of ., said road rights-of:way,drainage structures or f4pilities irrigation structures.or facilities,or anv: with other.county propett�rot affect urisdiction ` jurisdiction over tlem,or:any part-of b them w!I Power e,same as the cop*- may: 0to-the make,all,hodessgrY thanges,,Telpeations:repairs, maintenance, jc 13. XIIl. SUCCESSORS.AND;ASSIGNS All-the provisions,conditions,.regulations and requirements herein contained shall be;bindingupon. 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 inentioned.;wherever the Franchisee is mentioned. Any.reference in this franchise to a specifically pamed party shall be deemed to apply to any successor,heir;.administrator;executor or assign of such party who has acquired its interest i:n compliance with the terms of this franchise;. or under law. XIV.. TRANSFER/ASSIGNMENT Franchisee:may assignor:transfer this franchise after,prior.writtennotice to'County of Mason:and assignee's written cornmrtment,. 'ir a form and content approved by the'County,Prosecutor; delivered to County:of Mason,that:assignees shall thereafter:be°responsiblefor all obligations of Franchisee with-respect:to. the franchise::and guaranteeing performance:.bad&the terms -and : conditions of the franchise and that,transfereemill 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- tha assignment shall not in any respect relieve the Franchisee,or any of its successors..in interest, of responsibility for acts or omissions,known nor 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 anti,performance, bond m required pursuantao thisfranchise.. XV. ANNEXATION Whenever:any of the County roads,rights-of--way or other courityproperty as designated in this franchise;byreason of:the subsequent incorporation ofany town:or city,or:extension ofthel m is of any`town or city, shall fall:within the city or. town;limits:and shall by operation of law or . otherwise ter urinate i'respect to the;said`roads,rights=of way or other. county property so:included with city or town limits,this:franchis.e shall continue.iri::force and effectto all couaveroads;rights of-way or other eounty`propertynotso included in city or town limits. XVI. REVOCATION%REMEDIES A. Revocation.. ht addition the rip-lit,to revoke"this franchise as=set-forth in:Title:12.of the. Mason.County Code, if.the.Franchisee shall willfully violate, orfa1 to.coplywyof them n provisions ofthis franchise.through.willfd or-unreasoiiable neglect or fail to heed or co:wply with. any notice given fire Franchisee under the provison.of this grant-.then Franchisee shall forfeit all rights conferred.hereunder and tliis.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 promptlywitli 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 14 waiver of rights or acquiescence in the:'Ucensee's conduct. Subject to the required consent, adjudication, permission or;authorization of a federal or state . re lato ent. .with;''urisdiction over the sub'ecf°matter,up ori revocation of the;franchise:-die x ry�, y , J County may require the Franchisee to remove its,utility facilities from any roadrights-of==way;and restore such road right of wayto its.same or better condition as existed just prior to such removal, or de-coinmission,and:abandonk,such utility facilities in place in whole:or in part and-In a manner approved by the County Board of c.00:uss oners4.If the Franchisee fails to remove utility facilities` that the County;"requires:it to remove,the County inay perform the:worlc`and called the cost thereof from the Franchisee The actual cost thereof, including;direct and indirect administrative eost5 shall be alien uponall.utility:facnlit es of the;Franchisee:within the franchise:Area effective:upon. r filing of the lien vi ith:the Mason County Auditor.. B .Remedies. The County has the right t .-exercise any and:all of the following remedies, .singly or i i combination, in the event of 1Default. "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. Dam:age,s.:Franchisee shallbe lkbl6 for any an d all damages incutxedby County. '2: Specific Performance County shall be;entitled°to specificperfoxiriance:of oath. 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 requ..irement of airy such proofandacknowledges that County would not have.an adequate reme y at law,for Franchisee's.toriim ssion:of an Event of.Default hereunder:. 3. Injunction County shall be entitled;to restrain; by mjunctioi.the actual or threatened commission or,attempt of an:Event:of.Default and to..olitain a.judgment or order~ specif cally prohibiting; a violation or breach. of this Agreement without, in either, case, being re. aired to, rove or,eStablisli;that County does not have an adequate:remedy at law. Franchisee q Hereby waives the requirement of any such;proof:and acknowledges that:County mould not have an,adequate xeiriedy at law for Franchisee's comet ssion of an Event;of Default hereunder: 4. Alternative.Remedies. Neitherthe existence>of otherremed es:identified inthis: franchise-nor.the exercise thereof shall be.deemed.:to bar or otl erwise'limit tlne right of:the County to com ence an action.f6r;6quitable�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:expeises,including;reasonable attorneys'fees:Remedies are; cumulative;the exercise of one,shall no.f.6oreclose the exercise of others. XVII SUBSEQUENT ACTION fit the event that after,this franchise Becomes effective, (a) there is..a.change in the law Which, ':1 S 7 broadens the authority ofthe County Mason or thie Franchisee with respect to anyActpermitted. 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. TheTarties.recognize that the purpose- of the negotiations.would.be to preserve, to the maximum extent consistent with law, the scope and purpose purposoz of this franchise: Mason Countyreserves for itself.the right at`any time upon n nety`'(9`0)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,,safetyo Vghway zegulation 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 returmto 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 Y.`A",and in acceptvng 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 agreesto abide,bythe'same and acknowledges that:it has relied upon..its own investigation of.all re levant:facts,that it-has.had the assistance of counsel,that-at was not induced.to accept a franchise, that this;franchise represents-the entire agreement between the Franchisee and the. County of Mason_'Ini the event the Franchisee fails to submifthe countersigned ordinance and acceptance as provided for:herein within the,tune limits set forth i this section..the grant:herein is and shall become null and void. XIX. MISCELLANEOUS PROVISIONS. A: Controlling LawNenue,. Any disputes concerning the.app ication:or interpretation of anyof the provisions,ofthis.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, Waiv6h No waiver by either party of any'.provision of'this franchise shall in any way impair the right of such.party to:enforce that provision for.any subsequent breach, or County of Mason's right to enforce,all other provisions,of this franchise. 16 1 D_Attorney"s Fees. If any action.at.law or in equity is necessary to enforce ar nferpret the terms of this.fraichise,the substantially prevailing Party or Parties'shall be entitled'to;reasonable attorneys fees, costs and necessary di in addition.. any other relief to which such Party' Parties may be:entitled. R A-mendrnient: This franchise may be;apaended only`�y:a written contract signed:by x at tt t zed.sepresentatives of Franchisee and.County of Mason. E-. 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 x. franchise vvill,be:constr red and.enfgrcecl 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 vAll'be:added automatically as a> part of this franchise.;a provision as similar in its:terms to:such,illegal;,invalid or unenforceable'. provision as maybe 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 iesponsrble under the terms 0.this franchise; such responsibility is joint and several as betweeri,Franchisee.and any such Franchisee's Contractors; provided tltat,'t1ie Franchisee is Mot prohibited ffrom allocating such liability as.a matter of contract H:. Notices, Any notice, contemplated, required, or permitted.to be given under this firanchuse;shall.be sufficient if itas in writing and is,serif'either by (a)registered or certified mail; return receipt requestedy or a nationall reco zed Overnight,mail delive service-to' P �). Y gm. delivery a arty and.at the address:specified below,except as such.. address maybe changed by providing notice to:the.other Party no:less than thirty(30).days'advance written notice of such change::in. address. i Franchisee: Blue Heron'Condominium 6520 E State Route 106 Union,WA 98592 Attn:Bob Spurrell. Grantor: County of Mason,Public Works 100 Public Works,Drive Shelton,WA:98584 I. Approvals. Nothing in this fran, se,shall'be_deemed to ix pose any duty—or obligation upon the;County of Mason to determine the adequacy or suf�a'cjency of Franchisee's plans and specifications or to ascertain whether Franchisee's proposed or actual:construction,testing; 17 maintenance,:repairs; replacement;relocation, adjustment or;reznoval; s.adequate or.suffiilcient,or in conformance with-the'plans and specifications reviewed by the Comity 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 warrantyl express or implied by County of Mason that such item approved,.inspected; or supervised,_complies «+ith laws, rules regulations or ordinances:or this franichise or meets any particular standard,.code or requirement, or:is'm coriformance<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, ihe7 road: rights-of way and shall not constitute:any representation or.warranty, express or:implied,:as to :the adequacy of the deli gI4 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:governmentatenhty:. County of Mason is under o,obligation or duty to supervise the design, construction;installation, relocation;;adjustinent,realignment,maintenance,repair, or operation:of the utility facilities:: I. Force Majeure. 'Neither Partyhereto shall be liable th. lhe.other Party for any failure to perform.an.ablgatioi 'set forth herein to the extent-such.failure 1s`causedby war;act.of terrorism or.an.act of God,provided that such.Party`has made and is making:all reasoniable efforts to,perform such obligation;an�mize any:and all resulting loss or damage. K; Construction, All,pronouns and.any variations thereof,shall be deemed to refer to the rnasculirie,feiriiune or neuter;singular or plural,;:as the identity of t1e,Party or Parties may require. Tlie provisions of this.franchise shallbe construed,as a Whole according Ito their common meanin& except where specifically def ned herein,not strictly for or against any party and consistent with the provisions contained herein i .order tozchieve the objectives.and purposes ofthis franchise.. .L Incorporation by Reference. ,All exhibits.annexed:,hereto;at.the time of execution of this franchise or the future as contemplated hgreiin,._are hereby. incorporated by reference..as though fully,setforth herein. M: Calculation:of Time. .All periods of time referred to herein shall intlWe Saturdays;, 'Sundays, and legal holidays in the:State:of Washington, except toot 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 o include the next;daywhch is not a Saturday,.Sunday, or legal Holiday in the'State of- Washington. N. Entire Agreement Tli s franchise is :the full,and complete agreement of County of Mason and Franchisee with.respect to.all matters'covered Herein and.all.imtters related_to the use: of the Franchise Area byFranchisee and Francbisee's Contractors,and this-franchise supersedes any and.all other.agreements of the Parties hereto with respect to, all such matters, including,: without liniitat.on,all agreements evidencing the franchise. 18 Q. NoRecourse: Without lingutxig such immunities:as the County or.other persoris;may have under;applicable law; Franchisee shall have no, norietary recourse whatsoever against the County omits officials,boards;commissions,agents,or employees for any loss or damage arising 4 outofthe:County's exercising its.authority pursuantto this.Franchise:&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 perfWn;within the time provided for performance,the County may perforzn.the work and bill, Franchisee. The Franchisee"shall.paythe amounts billed: -within 30 days: 'Work of Contractors and Subcontractors Work by contractors and.subcontractors is z subjectto the same restrictions, limitations; and:conditions as;if the work was performed by the; Franchisee. Tho Franchisee;shall be responsible:for all.work performed by`,is contractors and. subcontractors,and others performing work on its::bel alf;under its:control;or:under'authority:of its utility perrri t,.:as if the work were performed:by,it,arid;,shall erisure-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 Hable'for all.damages and correcting all.damage caused,bytheiri._ It is the,Franchi"sec'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 1 MCC„the:Nlanual,and other applicable laws governing the work performed by them. R. Survival:of Terms. Upon,the expiration,termination,.revocation or.forfeiture of the firanchise:ahe Franchis.ee shall nolonger have the right to occupythe franchise area for the-purpose of'providing 'services:authorized herein. However,, the: Franchisee's- obligations under this franchiseto 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 linmitahon, Franchisee's obligations to; indemnify;: defend and: hold harmless the County, provide in and. a performance/payment bond pursuant.to So-6 - :XI and Franchisee's obligation to relocate its. utility, facilities pursuant to, Section V. shall, continue in effect as to the Franchisee,._ notwithstanding any expiration,teririiriationI revocation or forfeiture of the franchise,except to'the extentthat.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 enteringinto or performing.thts Fraiichi'se, Franchisee is:not in violation of..its charter or by-'laws, or my aw;regulation; or agreement by Which it is.bound oito which. t is°subject;-and 2 That: the execution, delivery, and perforsiaiice of this Franchise by: Franchisee has been duly aiithorizedby all-requisite.Board/Commission.action;that the signatories 19: for Franchisee of the acceptance lereof'are authorized to sign.thus Fzanchise,.and that the joinder or consent of any .otherpAy,including a court,frustee,or referee,_is:not necessary to make valid, and effective the execiitiou;.delivery;and performance of this Franchise and acceptance; DATED at Shelton, Washington this: .: day of 2Q_, BOARD OF C,OMWSSIONERS. APPROVED: MASON COUNTY,WASI INGTON County;Engineer Chair Approve.asao form; Vice:Chair Chief ...... .:.. . . Commissioner 1 20% ExhibitA ACCEPTANCE OF FRANCHISE' Ord fiance No- ]5-O' Na effective ember'14,2006: amt}e, and am the authonzed representative to,accept the abovTefereneed franchise oii behalf of t:tc:vvi $s. 1 certify that:t}iis fratchise,and.all terms and conditions thereof are accepted by IV—14aro•� �ny,r$c k .t Ki a,:,without qualification.or reseryatiom DATED this"ZS day of. Z�. AA-A— ,2Q: FRANCIMSEE, Kut"",tz cam' Tax.Id.No.. STATE701J Vt7I�5�T71r . }§sS COUNTY I certify`that Tknow or Have satisfactory evidence that 1'L� �1 D LC/Tf j is the person wbo appeared before me;and said person acknowledged thathe/she :ignedtfiis instrument;on oath stated, thathe/sha was aathonzedtoexecute,the instrumentaM*10owledgeditas;the of theCul, an / ,�prni tcuri to be the free voluntary act of such,parly for the uses'and purposes, entioned in;the.instrument: Dated.. SQ Ftt 1. r• lotto ++,, /�! Nq-tName. 5fy� L. JYI�:/:" My.commission expires =404-Z,97-2- _. i � 2 VYWN- iitl{Ii3 A. EXHIBIT�., Description of FFant ise.Area. E ORRE.NOBLES_ ee erringgndo 322338888888 E MASON AVE E.DA :BY- D /' CD -��/.- CN m r t J D i 11 NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold a live stream public hearing at http://masonwebtv.com/ on Tuesday, August 25, 2020 at 9:15am. SAID HEARING will be to consider the franchise agreement with Blue Heron Condominium Association for a sewer transport line along the east side of Orre Nobles Road and underneath Dalby Road that was installed in the early 1970's. PUBLIC COMMENT will be accepted via email dlznco.mason.wa.us; or mail to Commissioners Office, 411 North 5"' Street, Shelton, WA 98584; or call 360-427-9670 ext. 419. If you need to listen to the Commission meeting via your telephone, please provide your telephone number to the Commissioners' office no later than 4 p.m. the Friday before the meeting. DATED this day of August 2020. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Clerk of the Board Cc: Auditor Clerk of the Board Public Works Applicant Journal -Publ 2t: 8/13/20 & 8/20/20 (not less than 5 days prior to hearing) Post: 3 public places 15 days before hearing—No later than 8/10/20 (Bill Public Works— 100 W Public Works Drive, Shelton, WA 98584) MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Mike Collins, PLS, PE, Deputy Director/County Engineer DEPARTMENT: Public Works EXT: 450 BRIEFING DATE: August 3, 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 ❑ Human Resources X Legal ❑ Other— please explain ITEM: New Ecology Block wall located at 16391 North Shore Road — Execute Agreement and Request to Solicit Bids EXECUTIVE SUMMARY: Currently, there is an existing rip rap wall supporting the North Shore Road and protecting Cheryl and Robert Anderson's property, located at the NE property corner W to the driveway gate at 16391 North Shore Road- (Parcel No. 32220-50-02007) that is failing and needs replaced before negatively affecting the property and the road. With no permitting records of who constructed the rock wall that sits partially on the Anderson's property and the county road easement, Public Works and Anderson's have agreed that replacement of the wall would be a mutual benefit to both parties. BUDGET IMPACT: The estimated cost to build a new ecology block wall is approximately $100,000. The Alexander's have agreed to pay $14,000 and grant the County a temporary construction easement onto their property for removal and replacement of the current failed rock wall. RECOMMENDED OR REQUESTED ACTION: Recommend the Board of County Commissioners 1. Authorize the County Engineer to sign an agreement, along with any agreed upon amendments or modification to the agreement, between the County and Cheryl and Richard Anderson; and 2. Authorize the County Engineer to solicit for bids and execute a contract to construct the new ecology-block wall. Attachment: Agreement Briefing Summary After recording return document to: Mason County Public Works Department 100 W Public Works Drive Shelton,WA 98584 Document Title: TEMPORARY CONSTRUCTION EASEMENT&AGREEMENT Grantor(s): CHERYL AND RICHARD ALEXANDER Grantee: MASON COUNTY Abbreviated Legal Description: Great Bend Waterfront Trs Blk: 2 PCL 4 of BLA#12-03 REV 1PTN of W'h Lot 6,Lots 7, 8 &9& 1/6 Ownership in Pier, S 38/207, S 39-206-208 Assessor's Property Tax Parcel Number: 32220-50-02007 TEMPORARY CONSTRUCTION EASEMENT&AGREEMENT This agreement is made and entered into by and between Mason County, hereafter referred to as the "COUNTY"and Richard&Cheryle Alexander 16391 NE North Shore Road,Tahuya WA 98588,hereafter referred to as"ALEXANDERS,"together referred to as the"PARTIES". WHEREAS, a rock wall supporting the North Shore Road and protecting the ALEXANDER'S property is failing, and WHEREAS,the rock wall is located on both the county road easement and the ALEXANDER'S property, and WHEREAS,the undersigned PARTIES recognize the overall benefit of jointly participating in the replacement of the failing rock wall,and WHEREAS, there is no record of permits for the wall construction or knowledge of who constructed the rock wall,and NOW THEREFORE,in consideration of the mutual benefits and covenants herein the PARTIES agree the following will jointly participate in replacing the failing wall with an ecology block wall. 1. PROJECT LOCATION Address: 16391 NE North Shore Rd Tahuya, WA 98588 Parcel No.: 32220-50-02007 Location: From NE property corner W to the driveway gate 2. MUTUALLY AGREED 2.1 ALEXANDERS agree to: 1. Grant the COUNTY and/or its Contractor a right of entry onto their property for the removal and replacement of the failing rock wall. 2. Move their storage shed away from the construction area. 3. Agree to pay $14,000 to Mason County PW for the construction of the new ecology block wall. 2.2 COUNTY agrees to: 1. Remove the identified failing rock wall, and replace it with a new ecology block wall as per plans. 2. Complete the project no later than November 1,2020,either by utilizing County Forces or a licenses and insured Contractor. 3. Provide at least a two-week notice to the ALEXANDERS prior to starting project. 3. TEMPORARY CONSTRUCTION EASEMENT The ALEXANDER'S hereby grant the COUNTY and/or its Contractor a Temporary Construction Easement upon said premises with all necessary crews, materials, and appliances for the purposes of constructing the new ecology block wall. The easement is described as the north 20 feet of said parcel, parallel to and adjacent to the south right of way line of the North Shore road. 4. HOLD HARMLESS &INDEMNIFICATION To the extent of its comparative liability, each party agrees to indemnify, defend and hold the other party, its 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 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 are alleged or proven to be caused by an act or omission,negligent or otherwise,of its elected and appointed officials, employees, agents or volunteers. A Party shall not be required to indemnify, defend, or hold the other Party harmless if the claim, damage, loss or expense for personal injury, for any bodily injury, sickness, disease or death or for any damage to or destruction of any property (including the loss of use resulting therefrom) is caused by the sole act or omission of the other Party. In the event of any concurrent act or omission of the Parties, negligent or otherwise, these indemnity provisions shall be valid and enforceable only to the extent of each Party's comparative liability. The parties agree to maintain a consolidated defense to claims made against them and to reserve all indemnity claims against each other until after liability to the claimant and damages,if any,are adjudicated. If any claim is resolved by voluntary settlement and the Parties cannot agree upon apportionment of damages and defense costs,they shall submit apportionment to binding arbitration. The indemnification obligations of the Parties 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. Each Party hereby expressly waives any immunity afforded by such acts to the extent required by a Party's obligations to indemnify,defend and hold harmless the other Party or Parties A Party's waiver of immunity does not extend to claims made by its employees directly against the Party as employer. The foregoing indemnification obligations of the Parties are a material inducement to enter into this Agreement and have been mutually negotiated. ALEXANDERS initials acknowledging indemnity terms: The ALEXANDERS agree all ALEXANDERS' indemnity obligations shall survive the completion, expiration or termination of this Agreement. 5. VENUE In the event that either PARTY deems it necessary to institute legal action or proceeding to enforce any right or obligation under this Agreement,the PARTIES hereto agree that any such action or proceedings shall be brought in the superior court situated in MASON County, Washington. Further, the PARTIES agree that each will be solely responsible for payment of its own httorney's fees,witness fees, and costs. 6. AGREEMENT REPRESENTATIVES The COUNTY and the ALEXANDERS have designated the following Representatives for all communications under this Agreement. COUNTY: Mason County Public Works Road Operations&Maintenance Manager 100 W.Public Works Drive Shelton,WA 98584 (360)427-9670 ext.450 ALEXANDERS: Cheryl and Richard Alexander 4558 Abalone Street Bremerton,WA 98312 (360)271-1711 7. MODIFICATION This Agreement may be amended or modified only by the mutual agreement of the Parties. Such amendments or modifications shall not be binding unless they are in writing and signed by persons authorized to bind each of the Parties. 8. TERMIINATION 8.1 This Temporary Construction Easement will terminate November 1, 2020 unless otherwise mutually agreed to an extension by the Parties.Such extension shall not be binding unless they are in writing and signed by persons authorized to bind each of the Parties. IN WITNESS WHEREOF, the PARTIES hereto have executed the Agreement as of the PARTY'S date signed below. Accepted by Grantee Mason County this day of ,2020. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON APPROVE AS TO FORM: Sharon Trask, Chair Tim Whitehead, Ch. DPA PROPERTY OWNERS Cheryl Alexander Richard Alexander STATE OF WASHINGTON ) ss COUNTY OF MASON ) I certify that I know or have satisfactory evidence that Sharon Trask is the person who appeared before me and said person acknowledged the she signed this Construction and Maintenance Easement Agreement between Mason County and Richard&Cheryle Alexander,on oath stated the she was authorized to execute the instrument and acknowledged it as the Chair of Mason County Board of County Commissioners,to be the free and voluntary act of such party for the uses and purposes therein mentioned in said instrument. Given under my hand and seal this day of ,2020. NOTARY PUBLIC in and for the State of Washington,residing at My commission expires: Accepted by Grantor Cheryl and Richard Alexander this day of , 2020. By: By: Cheryl Alexander Richard Alexander STATE OF ) ss COUNTY OF ) I certify that I know or have satisfactory evidence that Cheryl and Richard Alexander are the persons who appeared before me, and said persons acknowledged that she/he signed this Construction and Maintenance Easement Agreement with Mason County,on oath stated that she/he was authorized to execute the instrument and acknowledged it as the property owners be her/his free and voluntary act of such party for the uses and purposes mentioned in said instrument. Given under my hand and seal this day of ,2020. NOTARY PUBLIC in and for the State of Washington,residing at My commission expires: i MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Mike Collins, PLS, PE, Deputy Director/County Engineer DEPARTMENT: Public Works EXT: 450 BRIEFING DATE: .August 3, 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 ❑ Human Resources ❑ Legal ❑ Other— please explain ITEM: Valley Rose Culvert Replacement Project EXECUTIVE SUMMARY: There are flooding issues at the end of Valley Rose Drive near address 381 caused by heavy rain fall and the lack of infrastructure. To alleviate this flooding and reduce the hazard to the traveling public the Public Works Department has designed a set of plans to replace one existing cross-culvert and to add an additional cross-culvert. Because of work load and schedule PW recommends utilizing the small works roster to contract out the work. BUDGET IMPACT: The estimated cost of the culvert replacement project is $12,000 and will be funded by the County Road fund. RECOMMENDED OR REQUESTED ACTION: Recommend the Board of County Commissioners authorize the County Engineer to utilize the-small works roster to contract out the Valley Rose culvert replacement project. Briefing Summary MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Mike Collins P.E, County Engineer Erik Schwartz Environmental Permit Coordinator DEPARTMENT: Public Works EXT: 450 BRIEFING DATE: August 3, 2020 INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources Legal 4 Other— Property Management ITEM: Execute Interagency Agreement with State of Washington Department of Fish and Wildlife (WDFW) EXECUTIVE SUMMARY: The Department of Fish and Wildlife (WDFW) plans to remove an existing dam and fishway structure from the outlet of Haven Lake and replace them with a natural channel outlet. The attached interagency agreement grants WDFW and their contractors access to county-owned property to do this work. The property (Tracts A and B of the Plat of Haven Lake) was dedicated to the county at the time of plat recording. Washington State Department of Game wished to develop the land to provide public access to Haven Lake. An agreement was executed in 1956 (attached Original Agreement) where Mason County granted the Department the right and permit to develop and maintain the land. The agreement remains in effect. BUDGET IMPACT: There are no budget impacts and Mason County assumes no responsibility for monitoring or maintaining the features. PUBLIC OUTREACH: The Haven Lake community has been engaged in this project since 2012. Property owners were interested in restoring habitat and historic summer lake levels, and reducing winter flooding. WDFW took these considerations into the design of the natural outlet for the lake. RECOMMENDED OR REQUESTED ACTION: Recommend the Board execute the interagency agreement with the State of Washington Department of Fish and Wildlife. Attachments: 1. Interagency Agreement 2. Vicinity map 3. Original Agreement between Mason County and Department of Game 4. Photos of Haven Lake Outlet and structures to be removed Vicinity Map: Haven Lake WDFW Project I r r , ( / \ O ' 1.60� l • w Legend \0. `� / J_ } County Mileposts ---- \\ Project Area t f CD £=LL ! C t R ' f Plortheast Haven La a Drive - -. -.�.j � r �ntesr Fl—�` WE 0 70 140 280 420 ��- SI Feet ©OpenSfrve to Map F-ipontnbuto�s CC BY SA After Signature,Return To: WDFW#20-15814 Washington Department of Fish& Wildlife Real Estate Services 600 Capitol Way North Olympia,Washington 98501 Attn: Elyse Woodruff INTERAGENCY AGREEMENT BETWEEN STATE OF WASHINGTON DEPARTMENT OF FISH AND WILDLIFE AND COUNTY OF MASON THIS AGREEMENT is made this day of ,2019,by the undersigned Parties,the COUNTY OF MASON("Landowner"),owner of record of real property in Mason County in Section 30,Township 23-0 North,Range 2-0,W.M.,as shown on the attached Exhibit A and B, and THE STATE OF WASHINGTON,THE DEPARTMENT OF FISH AND WILDLIFE("WDFW"), collectively the Parties. WHEREAS,the Parties desire to work collaboratively to meet lawful natural resource stewardship commitments-including commitments to restore fish passage. WHEREAS,a prior agreement exists between the Parties for use of land described herein (Agreement 21-0157 dated 26th day of December, 1956),herein after"Existing Agreement". WHEREAS,the WDFW seeks agreement to access the subject property for the purpose of removing the existing dam and fishway infrastructure located downstream of the Haven Lake outlet and constructing a new channel which will include the addition of large woody debris. NOW,THEREFORE,in consideration of the terms and conditions hereinafter contained,the Parties hereto agree as follows: Subject to the terms and conditions set forth below,Landowner hereby permits WDFW to access the property,for the sole purpose of removing the existing dam and fishway infrastructure located downstream of the Haven Lake outlet and constructing a new channel which will include the addition of large woody debris.WDFW will be responsible for monitoring the channel to ensure its function. 1. Term: The term of this permit is from June 1,2020 to June 1,2040. 2. Limited Rights: WDFW agrees that its operations will not interfere with the operations of Landowner.Landowner retains jurisdiction over Landowner's property in all respects.WDFW's use of the property is limited to use by WDFW staff and its contractors. 3. No Public Access: This permit does not include public access. 4. No Assignment: WDFW may not assign or sublet this permit in whole or in part to any other party without written approval of the Landowner. 5. Liability:WDFW,as a Washington state agency,is self-insured.Under state law,RCW Chapter 4.92,WDFW's liability for injury and damage is limited to that which is attributable to the negligent acts or omissions of WDFW and its officers and employees.To the extent allowed by law,WDFW agrees to be responsible for any personal injury and property damage arising from the acts or omissions of itself and those of its employees and contractors at the premises, provided that said obligations shall be reduced by the proportion of the Landowner's concurrent negligence,if any.WDFW shall not be responsible for the acts or omissions of Landowner or entities or individuals that are not a party to this permit. 6. Cancellation:Landowner may cancel this Permit in an emergency or in the event of WDFW's failure to comply with the terms and conditions of this instrument.Prior to canceling this Permit, Landowner shall give WDFW a period of at least five business days to remedy the failure to comply,except in an emergency. 7. Maintenance Obligations: WDFW will be responsible for monitoring the channel to ensure its function.Landowner assumes no responsibility for maintaining the constructed channel or its appurtenant structures.Appurtenant structures,as used herein,means large woody material, habitat rocks,stream bed materials,grade control features, and any physical elements of the constructed channel bed and banks.Upon removal of the dam and fishway structure by WDFW, and following conclusion of the term of this Agreement,Landowner assumes the stream channel will be a natural watercourse for which management is governed by State and Federal regulations.Landowner assumes no responsibility for maintaining the constructed channel as a fishway,restoration site,conservation tract,lake level management or flow control facility,or for any purpose. 8. Existing Agreement: The Parties acknowledge the terms and conditions contained in the Existing Agreement for land use.This Agreement is not intended to supersede or replace the legal,valid commitments of the Existing Agreement,which shall remain valid and in force. 9. Entire Agreement: This document contains the entire agreement between the Parties. IN-WITNESS WHEREOF, each individual below attests that he or she is the authorized signatory for his or her respective party and that such party has agreed to the terms and conditions of this permit: Date COUNTY OF MASON Hugdahl,Jeffrey R Digitally signed by Hugdahl, Jeffrey R(DFM (DFW) Date:2020.07.021451:14-07'00' Date WASHINGTON DEPT.OF FISH AND WILDLIFE Access to Property/rev.10.16.2018 Page 2 of 2 Haven Lake Section 30 Township 2ONitRange 2w z s p ( S ) , pz! n WA r.. ... .:,.Y..y t?x� ., '.� ... .... I. .:..-.":�H a!-; i Y, .�.'. >�,_. '. � )✓.....• .,�4.a:.: ..,. Z<v' 3 *`t'. S � ii y Y w r 1 t LIM , : .: a <;,'� ..:: .x. -..-. ..�-.;• ,. t'P, ...,.. � <..,,. � i .'.' 1 r.. � ,: <.�, '2 ::7 i :1 •:., :. <<,,, < ,.. > ,.,,t 1 .. I:.L.L.: a,•,a h. f: ,•.r . ,. L : ■ IL 44 t ' I I ..la J � i i Legend GeoLib.dti0.$WIFD. SV � a Y \a ,t. f FPDSI Sites:Test RDS La er Y _� I Barrier,•FishPass G� 5 tie ` •' . L �� i ,.„ j O ;Full Barrier.. r1� ,('r,���+s�•��srTl,,,P�: l ,..; � I { � . s E I It �. P kial Barrier. Barrier Unk Passabilit O: ( Y) I O' Passable �1,r' 1�:!eti.�x tatus y C' Unknown Barriers ►�}ja�r > � E No -fish � O; No,Fish Passage Feature at Site Parcel Owners 2016. a �: l �✓ ' /s t►► } Project work area ` � I WD: _ f , I 3^, L i K'ashi'n�Gon. Deparbnent of FISH aad Author: Melissa ErkelED.L Miles Date: 10/19/2019 s 0 0.04250.085 0.17 0.255 0.34 M , tLegend .._.. of rnp .,n.-s• ' 'Sj� —_._ 7, � ----„ra •� -_ tra� .f ,. a "w k�"�Y.` F�; .�., `� �Kt{4€ FS\� .�lswd t It 1 Y y'`�1 �' • . y - .x " a'" •^.S e„` !r ^ ' •t� ` „ . L ,t x as- "J 1 t �''Y'�� x a,��� , [ X•-4*F'°R�t� '''k44,...�4 � �'�'� t jl" "e•'.R9:5*xa`G°� 'x.. . 1� ' k N e.,y.' 'Xs� �:zFr 5 i 1 4 l,. ' `eta �v fir., on'•',r{'F'�. G7 a ; *. ,��S '.3 ;s, a z, ,st .a; 3 q �asJ'�' * -4 t 8. �,, «� �� .: i 4�.o F a i a• .�,* a;•' .. ,r: c '•u"'a` ''�� f�A �. x• k'a � �x x" �,�•' y^a.-S �-s �� '�s •�• rt Yea a �'" Partial Barrier ,ivy£ F e� L�*.. �z� as+sl�,!' t ! _ .a �'� •r�rA �' • ; ' y�,• � a ��� ;r � �S 4,�'c' i LI 4\. n, ^?��,. i a a..• .& .f f .`*�1:` A' F•"' -'' « t '..; qr ++. fi. f ,}.`4 }y, 1'K� A •t'p ti"4,l flt"_,`" a+`' 1 a" r" �« �a 'z�.E,s r �• �.«.. «�. .!��^]ti a. , � a .{� 'E No Fish Passage Featul.'at SJt..`*' X �k+.�'fT ff k .. .9., "' �,r'� + e',r,� ,•>! s .,+} 't: `S .:x c... r , 5 «,i +; s4 s F 4 i�'Y.` 14 a'+ P d� $!, !,t cel:• • �z :3.+� '"a4+ Par ject work area,': fix•` v'. 'tF {i s c;v sr ''� r'= g` .�^ k ' ti :ey, w„ o 1� .D,,rF,F,D 1 ,fat ^�... .-`3 R >s a�_r« v} . C- £ �!t"' az sM1i�.'o Z: '^,'S- r.'�t'J, z*'da`e.. �" o ff.= 1 a,•. ,t;-h�o n' �, F7. 1 1 1 11 1 1 ! 1 i r _ X, LI yy i A GREEMEN T For Use of! band 21-0157 THIS. AGREUMT is entered into this day of -De C ,1956, by and between Mason County, State of Was ton, as par y of t first part, and the STATE OF WASHINGTON DEPARTPM OF GIM as party of the second part, in accordance with the provisions;of Chapter 36, Laws of Washington 1955, R. C. W. 77,12.320. WHEREAS, the party of the first pai°t owns and/or controls tracts of land known and described as Tracts A.& B on the plat of Haven Fake as recorded in Volume 4 of Plate, pages 131 to 138 inclusive, records'of Mason County, Washington, Auditors File No. 164391, ✓ AND NHEREAS, the party of the second part in behalf of the public desires �! to develop and use said lands to provide public access to Haven Fake, Mason County,Washington. BE IT MUTUALLY AGREED: l.- That the State of Washington Department of Game is hereby given the right and permit to develop, maintain, and use'the above des- cribed lands for the purpose of proliding public access, to the adjoining waters. 2. The above described tracts of land shall be administered by the party of the second part as nPublic Fishing Areas" and shall be subject to the regulations of the State of Washington Department of Game governing such area. 3. No commercial use shall be permitted on these lands. 4. This agreement shall remain in effect until' such time as.it is mutually agreed that it should be terminated. STATE OF•WASHINGTON�AMENT OF GAME BOARD OUNTY CCMN1ISSIONERS EY ohn A. Biggs, D g for STATE OF WASHINGTON ) ) as. COUNTY OF Mason ) On this day personally appeared before me Roy Mitchell , C. W. Streckenbach , and ' John.E. Bariekman to 4� me own to e e in viduals descr ed in an .= executed the foregoing �q instrument, and who acknowledged to me that they signed and sealed the same as their free. and voluntary act and deed for the uses and purposes therein mentioned. I 4dITNESj `44T1).OFFICIAF this—day of 19t1 . '+ ; u or, son Coon Rea a y..y,,. FftJ �Y ft i P;?•':,•..1 s i £t;v L.r.135::.' . '„�4�c a 7' ,i- irk.°y'_`-•.�-.;;:". '•j':A}, 1i:�'a ,�'ter"�y`�y�3:,hi(;,>:.:.�,`>r.' t���'O�IRYr:i.!° d,•(4,.9rY fi: E357 VOL 76FAG STATE OF WASHINGTON.) ) ss. COUNTY OF 4� ) On this day personally appeared before me G4 , to me known to be'the Director of Game of tkie St of Was d the person who executed the foregoing instrument on of the State of Washington, and.who acknowledged to me that he signed the same'as.his free and:,voluntary act and deed, for the uses and purposes therein mentioned. ;:s^ , ? �; '• '---S NY HAND AND OFFICIAL SEAL, This�(o day o£ eLq Low• ,1956. `- OS` !. 'y•= o Public an or a tate o Washin on Residing at QZ: NO nv Ln N ^L4� � O W � � •��}•i W � = VOL _1_76 PAGE358 k r f - , r �1 +ram,.sir 8 '+F�#F ..a�. m s r ' x.. r..sy V* 'f� ♦`*t' '� � C��� 1 } - of r• MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Loretta Swanson, Director/ Mike Collins, PE, PLS, County Engineer DEPARTMENT: Public Works TEXT: 450 BRIEFING DATE: August 3, 2020 INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal ❑ Other— please explain ITEM: Fire protection and emergency medical services — Public Works Facility property EXECUTIVE SUMMARY:. On April 15, 2016, Mason County Commissioners authorized Public Works to sign a contract between Mason County and Mason County fire District 11 for fire protection and emergency medical services to the County's Public Works property/buildings off Hwy 101. The current agreement expired at the end of 2019. A new fire protection agreement with a three-year term, January 1, 2020 through December 31, 2023, with the same cancellation process (30-day written notice from either party) and service fee as the previous agreement. BUDGET IMPACTS: The cost for these services will remain at $6,400 per year. RECOMMENDED OR REQUESTED ACTION: Recommend the Board of County Commissioners approve the contract between Mason County and Mason County Fire District 11 for fire protection and emergency medical services to the County's Public Works property/buildings located at 100 W. Public Works Drive. ATTACHMENTS: Previous/New Agreement Briefing Summary 7/29/2020 t MASON COUNTY'PUBLIC WORKS.DOARTMENT' -VjME'.AkdTk-TibN AdkttWNT This "Is' Agrbernent"s an tered irf6between:M Sontoun%W ingt �(th66Ybnd'MatQn.Cpunty s n Fire,P rot&ctibn.bi§tr.ict-'No,.IL here er;refeited to as�'Dfsir'itt"�'for-ser.vic6g�,tglthe Mason u ty Pbbitc., Works:Department,. e WHEREAS,the.Distract'.J5,prganizedr'And e Wi p.ed to provide fire,prot&tloh and em&$enq me dical ithin.'and the VICIN of its bNM it es and P401:Works:and the County desires-that the services W in. e .vicinity Oistrict provi&such,serVices to lts-propeFfy'IbCafecl within thos&boundaries,,'NOW TREW 1. te9 iPri in&,on the&te,bf.a*pprbvEIl the Mtri'd,shall pro..v,de fire.p'rbte - , and:emergency mecrkl services to, 'pro poety owned by Public Works,through the.County lying 9: mergepc within the boundaries of the D119ttict. 6 ncy:n.f�medical servjtes�Public Works,through .7.. In qsidoi-atiop�fbt::receivihg:ffte protection Abd..i�m. rge CP J �,artio. nt '00annu llVjOrthO period�b n 1 a�,the DistrictAhL -6,400 of S egi ning. anuary 4,1016 `Th.6T)istd WK li bill Publlkc-,Wqr IhrOO,thei C_ rii l any amaunidue_-:under,ihis ou, Y. agreejrnent. morbefqrejanuary 1 ofeach IP417. i. Januaryl,,2016',a' 0:end December. 1,2019._0ther.the:Distrid or' Ptibl 1C Works,throe ghI he County;may cancel-this ntr�qt�po�' Nin '30 d4ys�.Written:no.tic'e of 9 1 .9 intent to qdAcOfi me n I s made pu tIbRiM 39.34.68 e,.01siricishalL each: 4; 'This ag- feei tj- rsuari 0.'�-.PublieWorks',ah dtb. p.e rfo rnt.alf services and carry.. iallresponsibilities under t.hI ele r I of-this agree ment as independent agencies and:ildithe ue-ofthis a greerrient be considered an t,oraR. agehcybfthe other, yF 5- jhe.bjstrictq W_* shah indemnify.and hold each.bt'her harmless%OoM; ny lots,and from any caiusjeg:ofacti6 suite at law ot equity orcl d or ,ama s be for anyliability,o',arq nature due lg(P to the actions.9f'the'..other-aesI from the operation.of this contract::arising f: "this mutually understood:and a r.hen*.t* Writ! g.apd signed by the parties, .shall'be V.alid'un'le made:in �s A Protection Mst0ct:Nd!AI Mason County,Mishington IA Com c �A . ate. Commissidner "n Date Me tDriThISS16 Dateper 4-1 Fire, t P`ubillo',W*b'rlm Qlrettpr, Date-, MASON COUNTY PUBLIC;WORKS.DEPARTMENT FIRE PROTECTION AGREEMENT This Agreement is entered into between Mason County„Washington,(the County)and Mason County Fire Protection District.No..11,hereafter referredao'as"District"for services,to:thei Mason County`Public Works Department, hereafter-referredao as"Public.W. orks', WHEREAS,the District is organiied'and equipped..to provide fire protection:and emergency medical services within and in the vicinity of.its:bo.Uhdaries,:ah&Public Works and the County.desires_tl at the: District provide such services to its property located within those boundaries, NOW THEREFORE; 1. Beginning on the date of approval:;bv both parties hereto,the District shall provide fire protection` and emergency medical services to:property owned by Public:Works;through.the Countyjying within the.boundaries of-the District: z 2. Inconsideration for receiving fire.:protection'and emergency medical services,Public Works,through the.County;shall pay the_District the amount of 6 40G.00.annually for the period:beginning January. 1,2020.TheINstrict will:bill Public Works;through the County,any amount due under this agreerent on or before January 1.of each year. 3. This agree'Ment:shall be effective January 1,,2020 and end":December'31,2023. Either the.District or Public Works,through the County;may:.cancel this contract upon gving:30 days written notice of intent to cancel:. 4: This agreement ismade pursuant to RCW 39.34.080. Public.Works and the:District shall each perform all services;and carry out all responsibilities:under the terms of this agreement as independent:agencies and neithe.rshall byvirtue.:of this agreement be.considered awagent:or>An agency of the other.: 5. The District and Public Works shall indemnify and'hold each other-harmless from.any loss,.and from. any causes of action,suite at law or equity:or claims or:d.amages:or:for any liability of any`hat ure due to the.actions of the'other ansmg from the operation.of this contract. 6. It is mutually,understood and agreed that:no alteration:or"variation of the terms of,this agreement shall be valid unless mad.ein writirig.and.signed by the:parties:. Mason County Fire Protection District No:.11 Mason..County,Washington 1 AI�6 issione - Da#e l Commissioner Date 1 £o sio er Date Commissioner bate ffi/rn osier Date Commissioner Date Fre Chief Date Public Works.Director Date MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Loretta Swanson, Director DEPARTMENT: Public Works/Utilities and Waste Management -TEXT: 450 BRIEFING DATE: August 3, 2020 INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance Human Resources €Legal €Other— please explain ITEM: Special Pay Request EXECUTIVE SUMMARY: Britta Creed, Senior Accounting Technician for Utilities and Waste Management, submitted her resignation and her last day will be August 31, 2020. This request is for Michele Morris, Clerical II, to receive temporary special pay for work performed beginning August 1, 2020 until Britta's replacement is hired (approximately one month). BUDGET IMPACTS: Clerical II salary is $3318.44 per month. The general services contract specifies work in a higher class to be compensated at the first step that provides at least a 5% increase. Step 1 of the senior accounting technician position salary is $4038.66 per month, which exceeds the 5% minimum. The estimated one- month budget impact including benefits is $793.16. PUBLIC OUTREACH: N/A RECOMMENDED OR REQUESTED ACTION: Request the Board of County Commissioners authorize temporary special pay for Michele Morris for work performed in a higher classification. ATTACHMENTS: 1. Request Form 2. Current Position Description — Clerical II 3. Senior Accounting Technician Position Description " TEMPORARILY WORKING IN A HIGHER CLASS/ . ...... OUT OF CLASS/LEAD PAY - REQUEST FORM ❑Out of Class Pay ❑Lead Pay © Working in a Higher Class All out of class, lead,or temporarily working in a higher class pay requests must be submitted by the department head or elected official on this form to Human Resources for review and final approval by the Board of County Commissioners,prior to the assignment of additional duties. Employee Name: Michele Morris Employee Job Title: Clerical 11 Department:Public Works/Utilities &Waste Please insert the lead,out of class or temporarily working in a higher class pay language from the Collective Bargaining Agreement if applicable: 10.2 WORK IN A HIGHER CLASSIFICATION-A supervisor may assign an employee to perform the primary duties of a higher classification,when those duties are not part of the employee's currerl classification,for the purpose of: A Providing work coverage during an authorized vacation period:B.Providing work coverage during an authored sick leave;C.Providing work coverage for an authorized leave of absence;or D.Providing work coverage for a curently vacant position. Employ-(s)asslgned to work at least thnsa(3),eight(8)hour days widdn a twenty—,(21)ralenEar day period.Ina higher cle.0cetlon va0 receive the fins,step salary of Ne appmpdate cl—nmtion that p—Wee et least a five percerd(M)invease for all time spent In Mal h'gherdassifinfi n. The employee must be pedomiing most of the essential functions of the higher classification to have that time count toward the additional compensation.This section Is not applicable to employees who are being trained to perform the work of the higher classification. What specific job duties this employee will be performing outside of their current position description and.for how long: Michele will perform the duties of Senior Accounting Technician for the purpose of C. and D. above. The work will begin 8/1/2020 and conclude once the Senior Accounting Technician recruitment,selection and hiring process is complete. Specific duties outside of Michele's current position description include the following: 1.Prepare and submit departmental payroll,accruals,adjustments 2.Prepare departmental grant billings;monitor grant revenue/expenditure 3. Solid Waste deposits, accounts receivable, refunds and liens 4. Submit Solid Waste refuse tax 5. Maintain credit card log Effective Date: 8/1/2020 End Date:until hiring process concludes *Attach a-copy of the employee's current position description* Manager/Supervisor of Department Signature: Date: Department Head/Elected Official Signature: Date: 71Zf ZOZZ) Support Services Director Signature: Date: BOCC or Elected Official Signature: Date: cc:CMMRS/Elected Official/Department/Payroll POSITION DESCRIPTION Title: Department: Clerical I, II,& III Community Services Affiliation: Reports to: Non-Exempt Permit Center Manager, Planning Manager, Director of Community Services Salary Range: Supervises/Directs: Range 30, $2746-3318 monthly none Established Date: Revision Date: May 2o16-Format Only GENERAL DESCRIPTION: This classification is primarily responsible for providing clerical and administrative supportto staff within the department and the public to insure the needs of the public are met in a positive,timely and efficient manner. Employees may be assigned general responsibilities or be assigned to a specific function within the department. Progression within this classification is based on experience and time in service. ESSENTIAL JOB FUNCTIONS: • Communicate and assist the public by correspondence,telephone of in person by responding to questions,directing inquiries,providing information or processing documents. • Maintain manual and electronic data files and systems for tracking processes and maintaining records. • Schedule meetings and/or hearings for self or others to meet with public to review documentation, determine eligibility, issue permits or vouchers. • Receive and receipt fees. • Process applications based on review and confirmation of eligibility and documentation. • Maintain and disburse forms and public information. • Research records and data for information and historical documentation. • Prepare reports, minutes and correspondence from data provided or researched. • Receipt, deposit and account for cash received from a variety of funds. • Maintain records for substantiation of disbursement of funds, grants, allocations. • Maintain schedule of conference and meeting rooms. • Prepare agendas, notify participants and coordinate internal and external meetings. • Assist other clerical and administrative staff with responsibilities. POSITION DESCRIPTION DISTINGUISHING FEATURES: This classification requires the incumbent to be able to work within regular and recurring work situations with occasional variations from the norm; major responsibilities involve a moderate degree of complexity often requiring knowledge of more than one function within the department. Incumbents prioritize own workload, operating from established policies and practices occasionally developing procedures for specific processes within their areas of responsibility. Employees are expected to operate with minimal supervision with assistance for new or unusual situations available from peers, supervisor or professionals within their work area. Backup systems for error avoidance or detection include established procedures and processes, review by next job in the work flow and/or review by supervisor or professional staff. Incumbents in this classification communicate on a regular basis in person or by telephone with the public providing information and assistance, accepting documentation and issuing permits, vouchers and authorizations; with other employees within the division and the department, with other County departments and government agencies to obtain or provide information and materials WORKING CONDITIONS: Work is normally performed in an office. Employees in this classification are required to operate standard office equipment including computers, adding and calculating machines, copy machines and are expected to sit, stand, bend and walk while performing office responsibilities. Attendance is required during assigned hours and evening meetings may be occasionally required. Employees may he required to lift up to zo pounds on a periodic basis. QUALIFICATIONS Education and Experience--Any equivalent combination of education and experience,which provides the applicant with the knowledge,skills,and abilities,required to perform the job. High school diploma or equivalency and minimum two years clerical experience working with the public in a positive environment providing information and/or assistance, preferably in a public agency providing like services. Placement will be dependent upon experience and time in service. Licenses, Certificates and Other Requirements: None POSITION DESCRIPTION Title: Senior Accounting Technician Department: Utilities and Waste Affiliation: Teamsters General Services Reports to: Public Works Finance Manager Exempt: Non-Exempt: X Supervises/Directs: None Job Class: Risk Class: 5306-07 Salary Range: According to current Collective Bargaining Agreement Union Approval Date: Manager Approval Date: GENERAL DESCRIPTION: Performs highly technical accounting work and maintains departmental accounting records to provide management with necessary financial information. DISTINGUISHING FEATURES OF THE CLASS: This one position assigned to the Senior Accounting Technician classification is distinguished from the Accounting Technician classification by the greater degree of complexity of accounting duties related to grants, contracts and budgets. ESSENTIAL JOB FUNCTIONS: Performs multiple departments and funds accounting activities in the areas of budgeting, payroll,grants, contracts, accounts receivable, invoicing treasurer's deposits, building permit statistics, financial report compilation and other assigned accounting activities within departments and funds. Prioritizes and coordinates work with other departments, staff and agencies to ensure timely completion of projects. Prepares and maintains departmental journals and records for assigned activities per legal requirements and County procedures. Audits, reconciles discrepancies and corrects irregularities to ensure accurate records for the department. Monitors departmental budget by tracking and reconciling revenues and expenditures. Assists in the preparation of the annual departments and miscellaneous funds budgets and in the preparation of cost estimates for work performed by department personnel. Maintains records of inventory and fixed assets within the department. Assists in the preparation of and monitors departmental grant budgets and contracts and charges appropriate expenditures, including labor and indirect costs against grants and contracts. Ensures departmental accounting practices comply with local, state and federal requirements and with any applicable grant or contract requirements by reviewing and monitoring procedures and practices. Prepares and submits departmental payroll and employee leave information to ensure employees are paid correctly. Maintains departmental personnel files and records ensuring confidentiality. OTHER JOB FUNCTIONS: Order office supplies, preparing advanced travel, provide customer service. Performs other related work as required. WORKING CONDITIONS: Work is performed in an office environment while sitting at a computer or desk operating general office equipment. Regular, reliable and punctual attendance. Est.XXX/Rev 1-2.2017(format)/Rev 2-2.2020(format) QUALIFICATIONS: Knowledge of - Accounting principles, methods and terminology. - Governmental accounting and budgeting principles and procedures - Grant accounting procedures and processes. - Basic data principles and accounting application software. BARS -Budgeting, Accounting and Reporting System. Ability to - Plan, organize and complete work in a timely manner. - Analyze, interpret and prepare accounting reports and financial statements using generally accepted accounting principles. - Communicate effectively, both orally and in writing. - Establish and maintain effective working relationships with staff, other agencies, vendors and the general public. - Apply and adapt established accounting methods to a variety of financial transactions. - Set work priorities. - Physically perform the essential functions of the job. EDUCATION AND EXPERIENCE: Any equivalent combination of education and experience, which provides the applicant with the knowledge, skills, and abilities, required to perform the job. A typical way to obtain the knowledge and abilities would be: AA Degree in Accounting or related field and three years of progressively responsible technical experience in governmental accounting, grant accounting, budgeting and payroll. LICENSES, CERTIFICATES,AND OTHER REQUIREMENTS Valid WA State driver's license, or reasonable accommodation. REQUIRED TRAINING FOR THIS POSITION: Sexual Harassment& Discrimination —Annually Blood Borne Pathogens—Annually Smart Risk Management—Once Slip, Trip and Fall—Annually Safe Lifting Practices—Annually FEMA IS 100 and 700-Once FEMA IS-907-Active Shooter-Annually REGULAR MONITORED DRIVER: Yes X No Additional job specific trainings maybe issued at a later date. Union Representative Signature of Approval: Date: Director Signature of Approval: Date: I have read and understand the above position description: Name: Date: Signature: Est.XXX/Rev 1-2.2017(format)/Rev 2-2.2020(format) ' :,. Mason County Support Services Department Budget Management ir oK 0040, , 411 North 5th Street Commissioner Administration 1' a Emergency Management ,, Shelton, WA 98584 Facilities, Parks&Trails t k360.427.9670 ext. 419 Human Resources N Information Services ",, Labor Relations it Risk Management MASON COUNTY COMMISSIONER BRIEFING ITEMS FROM SUPPORT SERVICES August 3, 2020 • Specific Items for Review o Appointment to Area Agency on Aging Advisory Board (Karen Wolf)—Diane o Presentation of 2021 budget on September 1—Diane o Appointment to Board of Equalization —Dawn o FY-20 Emergency Management Performance Grant (EMPG)—Ross o Tyler Technologies (Munis) Client Partnership Program —Jenn o General Services Teamsters Contract for August 25 agenda—Frank o Request to surplus parcel #42012-56-00012 o CARES Act Funding update- Frank o Construction contract for Building 10 remodel—Frank o County Reopening of offices- Frank • Commissioner Discussion o Public participation at Commission meetings—Cmmr. Shutty o CGI Video Program —Sharon Trask J:\DLZ\Briefmg Items\2020\2020-08-03.docx Cc:CMMRS Neatherlin,5nutty, Irasic a� clerk a.rir►Aer, 14j0t ow MASON COUNTY CO►/IIWSSIONERS RE I 4 l 411 NORTH FIFTH STREET SHELTON WA 98584 Fax 360-427-8437, voice 360-427-9670, Ext 419;.275-4467 or 482-5269 I$5 a i b asr)n County I AM SEEKING APPOINTMENTgOmrriissiO iers d ei(b i Au-eA A AIM i GAME: re Al ALDRES&- JV0,d PHONE: CITY/ZIPN 3'ho ftCfn VOTING PRECINCT:. WORK PHONE: (OR AREA IN THE COUNTY YOU WE) E'MAIt• r�' ----------------------------------------------- COMMUNITY SERVICE EMPLOYMENT: (IF RETIRED. PREVIOUS EXPERIENCE) (ACTIVITIES OR MEMBERSHIPS) COMPANY: Vic^ = Y/RSjc�t— POSITION: 1 C'ysc �EGt t act`i 07fV t fiy"e7�- �- COMPANY: 'Cam. 8C�: T/�,r) S YRS k+ A50C., r i+C EJY►�1cs{- der Q' Cr(�.tCi�C �et'jrJ �ltcl? POSITION: ----=------------------ - --------------.------- Inn your words,.what do you perceive is the role or purpose of the Board,Committee or Council for which you are applying: s R 5 t r i t �� 49 f ` cC Q) ' ) P rr /' " What.interests,skills o you wish to offer the Board,Committee,or Council? ar Please.list any financial, professional; Or Voluntary affiliations which may influence or affect your position on this Board: . (i.e.create a potential conflict of interest) Your participation is dependent upon attending certain trainings 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 attend such trainings? Realistically,how much time canyon iue=i� )position? Quarterly Monthly-• Weekly Daily ___•- ,�ffice Ilse+(�nty W�s�> vim' Appointment Date Signat Dab e l`�-�` Tenu;E�p�re Date Contgb-&Igons to SMCOE simd School Nwsing Yoneered a program for the Development Center of 8MCOE o Set up first safety program in SMCOE Conputerizzed DCH Health Records o Developed teachin model-for seizures o Co-authored a:teaching manuel for suctioning and misting(ERIC accepted) o 1MA6 -she��(06661"dy and Nadine) 196,ird -member at large; Negotiatign Team since 1998 o (first-time for a school nurse to boon the team) CSj-,TO—j�femb-,;ysbjp Chair, Secretary, CSNO Conference Committee o smco—p Boas'-presentation x-2 which resulted in hir'mg ox"3 half-time positions o TOTOrked.with Stanford Chii1drm,s Hospital,Eugene]BIeck,MD and set up the first. o 01thopedic Clinic.inDCH for"wents that.were not eligible for CCS.services o SMCFAL PanellMember—interviews for SMCOE S-upe-vintendent candidates. • Associate Professor for San Jose State University—Preceptor for giva-dent s getting School Nurse Credential. • Lead Special Education School Nurse • School Nurse Consultant for the Distlicts • Child Advocate • Parent AdIvocate • Member of the Support Team(Elementary Division) • Member of CNId Assessment.Team Pee co C �Uvu-� . JI, -/V 6-0 Board of Equalization (BoE) Contact- Becky Rogers Ext. 268 Appt. Dates Term Expires 1 1 Janice Loomis Shelton,WA 98.7/17/2018 &4/23/19 5/31/2022 2 2 Kevin Frankeberger Shelton,WA 98.7/16/2013; 3/18/2014 5/16/2017 6/16/2020 8/31/2020 3 2 Deborah Reis Union,WA 985!3/18/2014 7/14/2015 5/31/2021 4 2 Kimalynn Wilson-Alternate Belfair,WA 985 5/23/2017 6/16/2020 8/31/2020 Carl Soper-Alternate Shelton,WA 98.5/8/2019 6/16/2020 5/31/2022 %-cA,IV11V1KJ Neatherlin, Shutty, Trask Clerk Jem soy ar TSOCONTC . 1 ON�RS O 411 NORTH�'1�"fH SI REE1 �. « SHE LION WA 98584 - �" Fax 360-427-$437; Voice 360-427-9670, &t 499;275-4467 or 482-5269 iViason County 'rv�<I Cprnmissior I AM sEEKiNG ANDOIN T MENT TO Board of Equalization SAME- Brenda Hirschi ADDRESS: PO Box 1936 PHONE, CITY/ZIP: Shelton VOTING PRECINCT:306 WORK PHONE: 98584 (OR AREA-IN THE COUNTY YOU LIVE) E �- COMMUNI T Y SERVICE EMPLOYMENT: (IF-RETIRED, PREVIOUS'EXPERIENCE) (ACT1VrT1ESORMEMBERSHIPS) COMPANY. Olympic National Forest 3 YRS Mason County League of Women Voters POslT DN- Financial Manager Trustee, Timberland Regional Library -2018 to present COMPANY: Department Of the Army 20 +YRs LWV, Mason County Budget Study 2009/18 POS1 T ION: Budget Analyst -------------------------------------------------------------------------------------------- (- In your words,what do you perceive is the role or purpose of the Board, Committee or Council for which you are applying: The Board of Equalization provides the county residents with an impartial board of citizens to whom they can appeal real and personal property assessments, forest and timberland and.senior citizen property tax exemption denials. What interests,skills do you wish to offer the Board, Committee, or Council? While working on the budget study, I completed a statistical analysis of the county's property values in 2007 &2008 and then as we updated the study in 2017/2018. 1 have a Master in Business Adminstration from Syracuse University. Please list any financial, professional, or voluntary affiliations which may influence or affect your position on this Board: (i.e.create a potential conflict of interest) None Your.participation is dependent upon attending certain trainings 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 attend such trainings? Yes Realistically, how much time can you give to this position? uarier[y Monthly Weekly 20 hours Daly Office Use Only -� June 17, 2020 AppointnientDate Signature Date Teim Expire Date Cc:CMMRS Neatherlin, Shutty, Trask Clerk � I: �A j�, � "J 1 J U IN, 1 u MASON COUNTY COMMISSIONERS 411 NORTH FIFTH STREET Mason County F Commissioners SHELTON WA 98584 _ (I Fax 360-427-8437;Voice 360-427-9670,Ext.419;275-4467 or 482-5269 I AM SEEKING APPOINTMENT TO Mason County Board of Equalization Kevin Frankeberger, Ph.D. ADDRESS: 1271 E.St.Andrews Dr. N. PHON - CITY ZIP: VOTING PRECINCT: P-238 WORK PHONE:E-MAIL: Shelton, (OR AREA IN THE COUNTY YOU LIVE) 98584 COMMUNITY SERVICE EMPLOYMENT: (IF RETIRED. PREVIOUS Please see attached resume EXPERIENCE) Please see attached resume In your words,what do you perceive is the role or purpose of the Board, Committee or Council for which you are applying: The Board of Equalization is a quasi-judicial body that hears property assessment appeals as well as open space, timber,and senior citizen exemptions. We are independent and separate from the Assessor's office. Our orders can be appealed by either the appellant or the Assessor to the State Department of Revenue (DOR). We have yearly training (canceled this year due to COVID-19) presented by personnel from DOR. For our citizens,we are indeed a "hearing" board—we are three citizens (and two alternates)to whom they can voice their opinion and at times,their frustration with the assessment process. Additionally,we educate those coming before us through our questioning and discussion. A large part of our role is to have those that come before us leave with a sense of fairness and satisfaction of being fairly heard. What interests, skills do you wish to offer the Board, Committee,or Council? I have served on Mason County's Board of Equalization since 2012 and am currently the Vice Chair. I am a good listener and come to hearings totally prepared to include having read all the documentation related to each hearing. Along with my colleagues, I ask pertinent questions of both appellants and the Assessor or her representative. I am blind (with some residual sight) but with technology available, I am not restricted in my abilities to serve in any way. My guide dog lays beside me throughout the hearings. It has been mentioned many times at local and state levels that it is great to see an obviously disabled person serving in this leadership role. Please list any financial, professional, or voluntary affiliations which may influence or affect your position on this Board: (i.e.create a potential conflict of interest) I have no financial,professional or volunteer affiliations that influences or affects my position on the Board of Equalization. There are no potential conflicts of interest. Your participation is dependent upon attending certain trainings 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 attend such trainings? Yes. Realistically, how much time can yqu give to this position? Quarterly Monthly Weekly—three days per week, plus needed at-home preparation Office Use Only time for each day of hearings. ''` a.^f wy n Appointment Date s/KEVIN FRANKEBERGER,PH.D. June 19,2020. Term Expire Date (electronic signature) Date l MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Ross McDowell DEPARTMENT: Emergency Management EXT: 806 BRIEFING DATE: August 3, 2020 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEM: FY20- Emergency Management Performance Grant (EMPG) - Supplemental contract E20-250 approval. EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): This grant originates from the US Department of Homeland Security to Washington State Military Department to State EMD then to us at the county level. The grant is for COVID-19 that assist with Continuity of Operations Planning (COOP) for the County offices. The 2020 EMPG- Supplemental grant amount is $14,144. The grant time period runs from January 27, 2020 through December 31, 2021. There is a 50% match to the grant, which comes from the 2020 DEM salaries and supplies budget lines. The grant paperwork has been reviewed by the Mason County Prosecuting Attorney's Office for its form. BUDGET IMPACTS: DEM Budget Revenue $14,144 for FY 2020 RECOMMENDED OR REQUESTED ACTION: Approve the DEM Manager to sign the FY20 EMPG - Supplemental contract E20-250. ATTACHMENTS: FY20 EMPG grant contract E20-250 face sheet (page 1) Briefing Summary 7/22/2020 Washington State Military Department EMERGENCY MANAGEMENT PERFORMANCE GRANT COVID-19 SUPPLEMENTAL AGREEMENT FACE SHEET 1. Subrecipient Name and Address: 2. Grant Agreement Amount: 3. Grant Agreement Number: County of Mason $14,144 E20-250 Division of Emergency Management(DEM) 100 W Public Works Drive Shelton,WA 98584-9114 4. Subrecipient Contact, phone/email: 5. Grant Agreement Start Date: 6. Grant Agreement End Date: Ross McDowell,360-427-9670 x806 January 27,2020 December 31,2021 rmcdowell@co.mason.wa.us 7. Department Contact, phone/email: 8. Data Universal Numbering System (DUNS): 9. UBI#(state revenue): John Hollingsworth;253-512-7044 069580751 232-002-101 'ohn.hollin sworth mil.wa. ov 10. Funding Authority: Washington State Military Department(the"DEPARTMENT")and the U.S.Department of Homeland Security(DHS) 11. Federal Funding Identification#: 12. Federal Award Date: 13. Assistance Listings#(formerly CFDA)&Title: EMS-2020-EP-00009-S01 04/19/2020 97.042 20EMPG-S 14. Total Federal Amount: 15. Program Index#&OBJ/SUB-OBJ: 16. EIN $2,126,974 703PS NZ 91-6001354 17. Service Districts: 18. Service Area by County(ies): 19. Women/Minority-Owned, State (BY LEGISLATIVE DISTRICT): 35 Mason Certified: 0 N/A ❑ NO (BY CONGRESSIONAL DISTRICT): 6, 10 0 YES, OMWBE# 20. Agreement Classification 21. Contract Type(check all that apply): ❑ Personal Services ❑ Client Services 0 Public/Local Gov't ❑ Contract 0 Grant 0 Agreement ❑ Research/Development ❑ A/E ❑ Other ❑ Intergovernmental (RCW 39.34) ❑ Interagency 22. 'Subrecipient Selection Process: 23. Subrecipient Type(check all that apply) 0 "To all who apply&qualify" ❑ Competitive Bidding ❑ Private Organization/Individual ❑ For-Profit ❑ Sole Source ❑ A/E RCW ❑ N/A 0 Public Organization/Jurisdiction ❑ Non-Profit ❑ Filed w/OFM? ❑ Advertised? ❑ YES ❑ NO ❑ CONTRACTOR 0 SUBRECIPIENT ❑ OTHER 24. PURPOSE&DESCRIPTION: The purpose of the Fiscal Year (FY) 2020 Emergency Management Performance Grant COVID-19 Supplemental (20EMPG-S) program is to provide U.S. Department of Homeland Security(DHS)/Federal Emergency Management Agency(FEMA) Federal award funds to states to assist state, local, territorial, and tribal governments with their public health and emergency management activities supporting the prevention of,preparation for, response to,and recovery from the ongoing Coronavirus Disease 2019 (COVID-19)public health emergency. The Department is the Recipient and Pass-through Entity of the 20EMPG-S DHS Award Letter for Grant No.EMS-2020-EP-00009- S01,which is incorporated in and attached hereto as Attachment F and has made a subaward of Federal award funds to the Subrecipient pursuant to this Agreement. The Subrecipient is accountable to the Department for use of Federal award funds provided under this Agreement and the associated matching funds. IN WITNESS WHEREOF,the Department and Subrecipient acknowledge and accept the terms of this Agreement, including all referenced Exhibits and Attachments which are hereby incorporated in and made a part hereof,and have executed this Agreement as of the date below. This Agreement Face Sheet; Special Terms & Conditions (Attachment A); General Terms and Conditions (Attachment B); Work Plan (Attachment C);Timeline (Attachment D); Budget(Attachment E); 20EMPG-S Award Letter EMS-2020-EP-00009-S01 (Attachment F); and all other documents expressly referenced and incorporated herein contain all the terms and conditions agreed upon by the parties and govern the rights and obligations of the parties to this Agreement. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. In the event of an inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: 1. Applicable Federal and State Statutes and Regulations 4. Special Terms and Conditions 2. DHS/FEMA Award and program documents 5. General Terms and Conditions,and, 3. Work Plan,Timeline,and Budget 6. Other provisions.of the Agreement incorporated by reference WHEREAS, the parties hereto have executed this Agreement on the day and year last specified below. FOR THE DEPARTMENT: FOR THE SUBRECIPIENT: Signature Date Signature Date Regan Anne Hesse, Chief Financial Officer Ross McDowell, DEM Manager Washington State Military Department Mason County BOILERPLATE APPROVED AS TO FORM: APPROVED AS TO FORM (if applicable): Dawn C.Cortez 05/09/2020 Assistant Attorney General Applicant's Legal Review Date DHS-FEMA-EMPG-S-FY20 Page 1 of 35 Mason County DEM, E20-250 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Jennifer Beierle DEPARTMENT: Support Services EXT: 532 BRIEFING DATE: August 3, 2020 PREVIOUS BRIEFING DATES: N/A ITEM: Tyler Technologies (Munis) Client Partnership Program EXECUTIVE SUMMARY: Mason-County participates in Tyler Technologies (Munis) Planned Annual Continuing Education (PACE) program. The training offers ten days of training a year at a discounted rate, registrations to the annual nationwide conference, and an investment assessment every three years. The goal of the training is to maximize the county's usage of the financial system. This year Mason County was nominated by Tyler Technologies for inclusion in the Accelerated ERP Client Partnership Level II. Mason County was selected because the consultant recognizes that we are diligent in learning how to utilize the software to its maximum potential. The partnership provides benefits to the County which include: • Access to a Client Partnership Consultant • Annual on-site visit and monthly check-in calls • A second investment assessment and adoption assistance In turn, the County would agree to: • Upgrade regularly, review and, if applicable, adopt new functionality • Work with Tyler to schedule site visits and calls with prospective clients • Attend user groups and the annual conference The Audit Committee has reviewed and recommends that the County enter into this agreement. The Client Partnership Agreement may be dissolved by either the.County or Tyler at any time, for any reason. BUDGET IMPACTS: None —there is no additional charge for the Level II Partnership RECOMMENDED OR REQUESTED ACTION: Permission to place on the August 25th Action Agenda, approval for the Chair to sign the ERP Client Partnership Agreement. ATTACHMENTS: Tyler Technologies ERP Client Partnership Program &Agreement J:1Budget Office\Briefing,Agenda, &Public Hearing Items\2020\13riefing Summary 8.3.2020-Tyler Client Partnership Program.doc Jennifer Beierle From: Mehlhorn, Greg P. <greg.p.mehlhorn@tylertech.com> Sent: Wednesday,July 15, 2020 2:00 PM To: Jennifer Beierle Subject: Client Partnership Program Attachments: ERP Client Partnership Program Flyer.pdf; ECP Accelerated Agreement Template.dotx Good Afternoon Jennifer, I wanted to take a minute to thank you for being such an involved member of our PACE community over the past year. It has been incredibly easy to work with you and have noticed how involved you are in your sites success. In 2018, Tyler created the Client Partnership program to thank those clients of ours who have demonstrated a steadfast desire to continue to grow in their usage of the products they own, and I'm happy to let you know that I've nominated Mason County for inclusion in the program this year. When you have a moment, please review the attached documents to learn a little more about the program. I'd like to set up a call with you during the week of July 20 to discuss this opportunity in more detail. Please let me know a few days&times that work for you during that week,and I'll coordinate things on my end. Thanks, Greg Greg P. Mehlhorn, HDI-CSR Project Manager Tyler Technologies, Inc. P: 800.772.2260 ext. 4062 www.tylertech.com ��a ® tyler technologies Empowering people who serve th a public' 1 tyyleir- • technologies ERP Client Partnership Program Achieving Success Through Collaboration Tyler's ERP Client Partnership program was designed to be a win-win for our clients and our business. It ensures that clients who are committed to adopting new features and technical enhancements are supported every step of the way,while simultaneously allowing Tyler to learn from our clients' successes and accomplishments. Each level includes,and builds upon,the level below it. ERP Client Partnership Level III Truly a unique opportunity.At this level,take advantage of ERP Client Partnership Level II upgrades and training that will make a difference by adding Perfect for clients ready for change.At this level,take advantage - ease to your day-to-day operations with employees who have of Individual attention and training from Tyler that will contribute the tools they need to be at their very best. ' to the success of your organization as well as Tyler's. — TYLER ERP Client Partnership Level I TYLER Conducts Mid investment assessment at no charge The Planned Annual ContinuingEducation Biannual on-site visit Provides access to a Client Partnership Consultant(CPC) Develops client profile,detailing the successes achieved by (PACE)program offers ongoing education to Annual on-site visit I the client train staff on new features and functions as Conducts monthly check-in calls_ Posts client profile to Tylerteeft.eom and pursues media they become available,ensuring your Tyler opportunities as appropriate, solution continues to meet the evolving needs Conducts a second investment assessment at no • Provides in as recommendation N Provides PACE 10 at no charge of your organization. adoption assistance through PACE Project Manager(PM)' • Hosts reception at Connect far Level II and 111 partners TYLER Hosts reception-at Connect for Level-II and III partners • Provides discounted training Client Provides registration to the Connect Client Participates in PACE/ERP Client Partnership program panel conference,Tyler's nationwide user conference Upgrades regularly discussions at Connect Conducts an investment assessment(IA)to Works with CPC and PACE PM to proactively schedule Hosts.state user groups help you maximize your Munis°utilization continuing education sessions Participates in early adopter program as needed Adopts new functionality as it becomes available Works with Tyler to schedule site visits and calls with Client Attends state user groups and Tyler's Connect conference prospective clients • Provides initial investment in PACE Works with Tyler to schedule site visits and calls with Participates in client profiles,speaking engagements,and/ prospective clients or other Tyler sales and marketing needs as requested Participates in client profiles,speaking engagements,and/or other Tyler sales and marketing needs as requested ��—' g�q 02018Tyl.,Tech-I.Si.,I-AII,IgMs,—d 'technologies ERP Client Partnership Agreement Level H — Accelerated Clients Through the success of the Planned Annual Continuing Education (PACE)for Munis program, Tyler ERP has recognized an opportunity to develop mutually beneficial partnerships with clients who have the desire and willingness to consistently evolve their business practices and use of our products. Through this partnership, Tyler aims to help clients work toward their fullest potential by building upon the services offered as part of the PACE program. As an Accelerated client, <<Client>> will receive the following benefits: • A second Investment Assessment(IA) every three years at no charge(client is responsible only for travel expenses) • Access to a Client Partnership Consultant(CPC), who will help you develop and manage a Continuous Improvement Plan (CIP) based on, but not limited to, your IA recommendations • Continued IA recommendation adoption through your PACE Project Manager • Annual on-site visits to review your progress and discuss plans for the upcoming year • Monthly check-in calls • Invitation to an ERP Client Partnership reception at Connect. By enrolling in this program and accepting the benefits listed above, <<Client>> agrees to: • Upgrade regularly • Work with the CPC and PACE PM to proactively schedule continuing education sessions • Review and, if applicable, adopt new functionality as it becomes available • Attend state user groups • Attend Connect, Tyler's nationwide user conference • Work with Tyler to schedule site visits and calls with prospective clients • Participate in client profiles, speaking engagements, and/or other Tyler sales and marketing needs as requested. • Periodically respond to an ERP Client Partnership survey relating to <<Client Short>> experience with the Tyler products you use. Tyler recognizes that a partnership requires equal effort from all involved parties; as such, this partnership may be dissolved by either<<Client>>or Tyler at any time, for any reason, and <<Client>>will revert to their original PACE agreement. «Client» Tyler Technologies, Inc. By: By: Title: Title: Date: Date: c - everGuide- MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Frank Pinter DEPARTMENT: Support Services EXT: 530 BRIEFING DATE: 8/3/2020 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 Union Local No.252 representing Mason County General Services staff. BUDGET IMPACTS: Supplemental—Funded by Ending Fund Balance. BACKGROUND: The exclusive representatives of Teamsters Union Local No. 252 representing Mason County General Services staff 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 Union Local No. 252 representing Mason County General Services staff. ATTACHMENTS: Collective Bargaining Agreement on file with Clerk of the Board. Briefing Summary 7/28/2020 COLLECTIVE BARGAINING AGREEMENT January 1, 2019 - December 31, 2021 BETWEEN TEAMSTERS UNION LOCAL NO. 252 �a HER`��a f u AND MASON COUNTY GENERAL SERVICES W� . - 1854 "mom TABLE OF CONTENTS ARTICLE1 -DEFINITIONS..............................................................................................................................................5 ARTICLE2-RECOGNITION............................................................................................................................................6 2.1 RECOGNITION .....................................................................................................................................................6 2.2 NEW CLASSIFICATIONS........................................................................................................................................6 ARTICLE3-UNION SECURITY.......................................................................................................................................7 3.1 UNION REPRESENTATION.....................................................................................................................................7 3.2 NONDISCRIMINATION-UNION ACTIVITY.................................................................................................................7 ARTICLE 4-UNION/EMPLOYER RELATIONS.............................................................................................................8 4.1 UNION ACCESS...................................................................................................................................................8 4.2 FACILITY USE......................................................................................................................................................8 4.3 STEWARDS.........................................................................................................................................................8 4.4 ORIENTATION......................................................................................................................................................8 4.5 BULLETIN BOARDS..............................................................................................................................................8 4.6 CONTRACT DISTRIBUTION....................................................................................................................................8 4.7 NEGOTIATIONS RELEASE TIME................:..................................................................................................:..........9 4.8 GRIEVANCE RELEASE TIME..................................................................................................................................9 4.9 UNION BUSINESS................................:................................................................................................................9 4.10 BARGAINING UNIT ROSTER............................................................................................................................9 ARTICLE5-EMPLOYMENT.............................................................................................................................................9 5.1 PROBATIONARY PERIODS.....................................................................................................................................9 5.3 CONTRACTORS .................................................................................................................................................11 5.4 STUDENTS/INTERNS.........................................................................................................................................11 ARTICLE 6-HOURS OF WORK AND OVERTIME.......................................................................................................11 6.1 WORKDAY/WORKWEEK....................................................................................................................................11 6.2 WORK SCHEDULES............................................................................................................................................11 6.3 REST/MEAL BREAKS........................................................................................................................................12 6.4 OVERTIME.........................................................................................................................................................12 6.5 Comp TIME.......................................................................................................................................................12 ARTICLE 7-EMPLOYMENT PRACTICES....................................................................................................................13 7.1 NONDISCRIMINATION..........................................................................................................................................13 7.2 JOB POSTING....................................................................................................................................................13 7.3 PROMOTIONS....................................................................................................................................................13 7.4 PERSONNEL FILE/POLICIES...............................................................................................................................14 7.5 EVALUATIONS...................................................................................................................................................14 7.6 DISCIPLINE/CORRECTIVE ACTION......................................................................................................................15 ARTICLE8-SENIORITY...............................................................................................................................................16 8.1 DEFINITIONS......................................................................................................................................................16 8.2 APPLICATION OF SENIORITY.................................................................:..............................................................17 8.3 PROBATIONARY PERIOD......................................................................................................................................18 8.4 LOSS OF SENIORITY............................................................................................................................................18 8.5 LAYOFFS...........................................................................................................................................................18 8.6 NOTICE..............................................................................................................................................................19 8.7 MEETING WITH UNION.........................................................................................................................................19 8.8 AFFECTED GROUP..............................................................................................................................................19 8.9 VACANT POSITIONS............................................................................................................................................20 8.10 SENIORITY LIST..................................................................................................................................................20 8.11 ORDER OF LAYOFF.............................................................................................................................................20 8.12 COMPARABLE EMPLOYMENT...............................................................................................................................20 8.13 LAYOFF OPTIONS...............................................................................................................................................20 8.14 REDUCTION HOURS/FTE...................................................................................................................................22 8.15 RECALL.............................................................................................................................................................22 8.16 VACATION&LEAVE CASH OUTS/PAY.................................................................................................................23 8.17 UNEMPLOYMENT CLAIMS.....................................................................................................................................23 ARTICLE9-WAGES.....................................................................................................................................................23 9.1 WAGE SCHEDULE..............................................................................................................................................23 General Services-Teamsters Union Local No.252 and Mason County 2019-2021 Collective Bargaining Agreement Page 2 9.2 HIRE-IN RATES..................................................................................................................................................24 9.3 SHIFT DIFFERENTIAL..........................................................................................................................................24 ARTICLE10-OTHER COMPENSATION......................................................................................................................24 10.1 STANDBY/DUTY OFFICER STIPEND..............................................................................................................24 10.2 CALL-BACK PAY.........................................................................................................................................24 10.2 WORK IN A HIGHER CLASSIFICATION.............................................................................................................25 10.3 MILEAGE REIMBURSEMENT..........................................................................................................................25 10.4 LONGEVITY.................................................................................................................................................25 10.5 LEAD WORKER...........................................................................................................................................25 10.6 COMMERCIAL DRIVERS LICENSE(CDL)........................................................................................................25 10.7 CLOTHING........................................................................................................................::........................26 ARTICLE11 -HOLIDAYS...............................................................................................................................................26 11.1 HOLIDAYS..................................................................................................................................................26 11.2 RELIGIOUS HOLIDAYS..................................................................................................................................26 11.3 HOLIDAY OBSERVANCE...............................................................................................................................26 11.4 HOLIDAY ON DAY OFF.................................................................................................................................27 11.5 HOLIDAY COMPENSATION............................................................................................................................27 ARTICLE12-VACATION..............................................................................................................................................27 12.1 VACATION ACCRUAL...................................................................................................................................27 12.2 VACATION SCHEDULING...............................................................................................................................28 12.3 VACATION PAY...........................................................................................................................................28 12.4 VACATION UPON TERMINATION....................................................................................................................28 ARTICLE13-SICK LEAVE............................................................................................................................................29 13.1 SICK LEAVE ACCRUAL.................................................................................................................................29 13.2 SICK LEAVE USAGE....................................................................................................................................29 13.3 SHARED LEAVE...........................................................................................................................................29 13.4 COORDINATION-WORKER'S COMPENSATION................................................................................................29 13.5 FAMILY MEMBER.........................................................................................................................................30 13.6 SICK LEAVE CASH OUT...............................................................................................................................30 ARTICLE14-LEAVES OF ABSENCE..........................................................................................................................30 14.1 IN GENERAL...............................................................................................................................................30 14.2 JURY DUTY/COURT....................................................................................................................................30 14.3 MILITARY LEAVE.........................................................................................................................................31 14.4 BEREAVEMENT...........................................................................................................................................31 14.5 MAINTENANCE OF SENIORITY.......................................................................................................................31 14.6 LEAVE WITHOUT PAY..................................................................................................................................31 14.7 FAMILY LEAVE-FMLA...............................................................................................................................31 14.8 MATERNITY LEAVE......................................................................................................................................31 14.9 INCLEMENT WEATHER.................................................................................................................................32 14.10 PAID FAMILY&MEDICAL LEAVE COMPLIANCE...............................................................................................32 ARTICLE15-HEALTH&WELFARE............................................................................................................................32 15.1 HEALTH AND LIFE INSURANCE......................................................................................................................32 15.2 RETIREMENT AND TEAMSTERS PENSION........................................................................................................33 ARTICLE16-TRAINING................................................................................................................................................33 16.1 TRAINING...................................................................................................................................................33 16.2 TRAINING REIMBURSEMENT..........................................................................................................................33 ARTICLE 17-LABOR/MANAGEMENT COMMITTEES..............................................................................................33 17.1 PURPOSE OF COMMITTEE.............................................................................................................................33 17.2 COMPOSITION OF COMMITTEE......................................................................................................................34 17.3 COMPENSATION..........................................................................................................................................34 ARTICLE18-HEALTH&SAFETY................................................................................................................................34 18.1 SAFE WORKPLACE......................................................................................................................................34 18.2 HEALTH&SAFETY PLAN.............................................................................................................................34 18.3 DRUG FREE WORKPLACE............................................................................................................................35 18.4 WORK PLACE VIOLENCE..............................................................................................................................35 General Services-Teamsters Union Local No.252 and Mason County 2019-2021 Collective Bargaining Agreement Page 3 ARTICLE19-GRIEVANCE PROCEDURE....................................................................................................................35 19.1 GRIEVANCE DEFINED...................................................................................................................................35 19.2 GRIEVANCE PROCEDURE.............................................................................................................................35 19.3 UNION/EMPLOYER GRIEVANCE...................................................................................................................37 19.4 SCHEDULE OF MEETINGS.............................................................................................................................37 ARTICLE 20-NO STRIKE/NO LOCKOUT...................................................................................................................38 20.1 NO STRIKE/NO LOCKOUT...........................................................................................................................38 ARTICLE 21 —MANAGEMENT RIGHTS AND RESPONSIBILITIES.............................................................................38 21.1 MANAGEMENT RIGHTS AND RESPONSIBILITIES...............................................................................................38 ARTICLE 22-GENERAL PROVISIONS.........................................................................................................................39 22.1 SAVINGS CLAUSE........................................................................................................................................39 ARTICLE 23—ENTIRE AGREEMENT............................................................................................................................39 23.1 DURATION CLAUSE.....................................................................................................................................39 23.2 ENTIRE AGREEMENT....................................................................................................................................39 SIGNATURES..................................................................................................................................................................40 APPENDIX1—2019 WAGE TABLES.............................................................................................................................:41 APPENDIXII—2020 WAGE TABLES.............................................................................................................................42 APPENDIX III—2021 WAGE TABLES............................................................................................................................43 General Services-Teamsters Union Local No.252 and Mason County 2019-2021 Collective Bargaining Agreement Page 4 PREAMBLE Mason County, a political subdivision of the State of Washington, hereinafter referred to as the "County" or"Employer," and Teamsters Union Local No. 252, hereinafter referred to as the "Union," do hereby enter into this Agreement. The Employer and the Union agree that the effective, efficient and uninterrupted performance of governmental service to the community is their common objective. In order to assist them in achieving that objective, this Agreement represents the establishment of fair and reasonable compensation and working conditions for the employees in this bargaining unit through the collective bargaining process. The Employer and the Union recognize that the success of these objectives depends upon the Employer's success in establishing the service, upon the ability and creative contributions of the employees, and upon the joint efforts of both parties in improving the service. Therefore, the Employer and the Union encourage, to the greatest degree possible, friendly and cooperative relations between their respective representatives at all levels and among all employees. ARTICLE 1 - DEFINITIONS As used herein, the following terms shall be defined as follows: 1.1 Bargaining Unit (Union) shall be Teamsters Union Local No. 252. 1.2 Employer shall mean the Board of Mason County Commissioners. 1.3 Employee shall mean a person occupying a position and paid a salary or wage by the Employer and who is represented by the bargaining unit (as defined in Article 2.1 hereof) covered by this Agreement. Employee shall not include any person retained by the Employer under a written personal services or consultant contract or agreement. 1.4 Executive,Administrative, and Professional Employees shall mean all employees as defined in WAC 296-128-500. 1.5 Job classifications and salary steps are listed and categorized in Appendix A of this Agreement. 1.6 "Immediate Family"shall be defined as persons related by blood, marriage, or legal adoption in the degree of relationship of grandparent, parent, wife, husband, brother, sister, child biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parenfis who is under eighteen years of age; or eighteen years of age or older and incapable of self-care because of a mental or physical disability, grandchild, domestic partner (state registered), in compliance with WAC 296-130-030 and RCW 49.12.270 (or subsequent statutes) and other persons with the approval of the Elected Official / Department Head or designee. 1.7 Overtime shall mean all Employer-approved work which has been performed in excess of their scheduled work-day or in excess of forty hours per week, 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. General Services-Teamsters Union Local No.252 and Mason County 2019-2021 Collective Bargaining Agreement Page 5 c. Demotion is a change of an employee from a job classification to a different job classification which is compensated at a lower salary range. 1.9 Vacation shall mean a scheduled work day or accumulation of scheduled work days on which an employee may, by pre-arrangement, continue to receive the regular rate of compensation although he or she does not work. 1.10 Day shall mean for the purpose of timelines associated with grievances, appeals and policy issues, shall mean a calendar day. ARTICLE 2— RECOGNITION 2.1 RECOGNITION The Mason County Board of Commissioners for MASON COUNTY recognizes that the Teamster Union Local No. 252, Centralia and Olympia, Washington, has the right to bargain for all full-time and regular part-time employees of the Mason County departments of Parks, Public Works/Utilities and Waste, Community Development, Health Services (excluding employees represented by the Personal Health Services bargaining unit) and Buildings and Grounds Maintenance, excluding: supervisory employees, confidential employees, and employees participating in a job school program from Mason County high schools or, by mutual agreement, from any accredited college or vocational school, which shall be coordinated with the student's academic schedule, under the conditions set forth in the Washington State Public Employee's Collective Bargaining Act of 1967. All collective bargaining with respect to wages, hours and working conditions shall be conducted by authorized representatives of the Union and authorized representatives of the Employer. Agreements reached between the parties of this Agreement shall become effective only when signed by the authorized representatives of the Union and by the Board of Mason County Commissioners. 2.2 NEW CLASSIFICATIONS When new Regular or Temporary positions are created within the Departments represented or the classifications listed in Article 9.1, the Union will be notified of the pending action prior to hire. When existing classifications are substantially modified within the Departments represented or the classifications listed in Article 9.1, the Union will be notified of the pending action within ten (10) working days of the date that the position is first posted / advertised or the proposed effective date of the action that would change the status of the classification. It is mutually agreed that it is the intent of the parties to meet, upon request by either party, in order to include or exclude new or modified positions in the bargaining unit consistent with the duties, responsibilities, and organizational level of the classification. The parties agree that new classification(s) designated and approved by the Employer to be within the non-represented pay plans shall be excluded from the bargaining unit, absent a request to meet within thirty (30) calendar days. Existing bargaining unit classifications shall remain within the 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. General Services-Teamsters Union Local No.252 and Mason County 2019-2021 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 of this unit or serve in a role of leadership of the unit such as: serving as a delegate or representative, serving on negotiating or other Union committees, or participating in other similar activities to the interest of the unit. b. The Union shall have up to a thirty (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 the Union collect fees. In addition,the Union shall explain to the new employee the rights and the benefits the employee would forgo by being a non-member. c. The Union agrees to accept employees as members without discrimination as to race, color, creed, sex, sexual orientation, national origin or physical, sensory or mental 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. f. The Union agrees to supply the Employer with lists of officers of the. Union and representatives and to keep such lists current. The Employer will recognize the.officers and representatives, or shop stewards. g. Signatory organization will indemnify,defend, or hold the Employer harmless against any claims made and against any suit instituted against the County on account of any check- off of dues for the Union organization. The Union agrees to refund to the County any amounts paid to it in error on account of the check-off provisions upon presentation of proper evidence thereof by the County. 3.2 NONDISCRIMINATION—UNION ACTIVITY Neither party shall discriminate against any employee because of membership in or non- membership in or activity on behalf of the Union. No employee shall be discharged or discriminated against for upholding Union principles, fulfilling duties as a Steward in the Union or serving on a Union committee. General Services-Teamsters Union Local No.252 and Mason County 2019-2021 Collective Bargaining Agreement Page 7 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. Such visits shall not interfere with or disturb employees in the performance of their work during working hours. 4.2 FACILITY USE The conduct of Union business on Employer time and premises shall be subject to the limitations set forth in this Article and with the understanding that no Union member or Steward shall use Employer's equipment in the conduct of Union business. The Union shall be permitted to use designated premises of the Employer for Union meetings, with or without Union staff present, provided it is not disruptive to operations and space is available. Use of Employer's premises for meetings shall be limited to the hours of 5pm to 8am and 12pm to 1 pm, unless otherwise approved by the Employer. 4.3 STEWARDS The Union may designate Shop Stewards and alternates. Stewards shall be allowed reasonable time during working hours to investigate and process grievances. Prior to undertaking such grievance duties, the Stewards shall inform his/her supervisor of the need to be away from his/her work. The Department shall grant the Steward's request unless the Stewards cannot be spared at that particular time. If such is the case, then Stewards shall be allowed time to perform his/her Stewards duties at the earliest possible time. The Union shall provide the Human Resources Department with a current list of all Stewards. With notice to the Employer, Stewards shall be allowed reasonable time during working hours to investigate and process grievances, as defined in Article 4.8, 4.9 and 19.4. Union activities other than those provided for in this Article are to be conducted on the employee's own time; e.g. lunch or coffee breaks, before or after work. Employees shall attend Union meetings on their own time. 4.4 ORIENTATION During the new employee orientation process, Human Resources provide a copy of the Collective Bargaining Agreement and will notify new hire of their shop steward. Per RCW 41.56.037, each new hire will receive a.minimum of thirty (30) minutes within the first ninety (90) days from the date of hire, and will take place at the employee's regular worksite or a mutually agreed upon location. Human Resources will notify the shop steward and Union representative of each new hire within ten (10) business days of the date of hire. 4.5 BULLETIN BOARDS The Employer will provide a bulletin board for Union use. No materials shall be posted except notices of meetings and elections, results of elections, changes in Union by-laws, notices of employee social occasions, similar Union notices, letters, and memoranda. Union will limit the posting of any material on the Employers' premises to its bulletin board. 4.6 CONTRACT DISTRIBUTION General Services-Teamsters Union Local No.252 and Mason County 2019-2021 Collective Bargaining Agreement Page 8 The Union will provide access to a copy of this Agreement to each new and current employee in the unit. 4.7 NEGOTIATIONS RELEASE TIME The Employer will make a good faith effort to assist in providing release time for Union negotiating team members participating in contract negotiations if negotiations take place on work time, provided that coverage can be arranged, and it will not create overtime. 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 Stewards 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 Stewards activities outside the employee's work shift, without express pre-authorization by the Steward's Department Director or Human Resources. 4.9 UNION BUSINESS Compensable Union business shall be defined as meeting with an authorized Employer representative who schedules a meeting during normal business hours when it is necessary for a duly authorized Steward of the Union (who is also a member of the bargaining unit)to attend for the purpose of resolving a grievance filed by a member of the bargaining unit, or other issues that require the presence of 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 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 Stewards 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. The Parties agree to ensure that all respective stakeholders are notified and copied. appropriately. The parties agree to respond to written and e-mail correspondence and telephonic messages as soon as reasonably possible. 4.10 BARGAINING UNIT ROSTER The Auditor's Office will provide the Union with a list of all employees within the bargaining unit on an annual basis. The Auditor will also provide to the Union President/Shop Stewards the name and other pertinent information regarding new hires. The Union agrees to supply Human Resources with current lists of Stewards. The Employer will recognize the Stewards as soon as the list is received, in writing, by Human Resources. ARTICLE 6— EMPLOYMENT 6.1 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. A probationary employee does not have the right to grieve dismissal. General Services-Teamsters Union Local No.252 and Mason County 2019-2021 Collective Bargaining Agreement Page 9 Trial Service Period - Employees who are transferred or promoted to another position and/or classification in the bargaining unit shall serve a trial service period for three (3) months of work, consistent with Article 7.3. 5.2 TYPES OF EMPLOYMENT NOTE: BENEFITS ELIGIBILITY MAY NEED REVISED PER ACA 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 in a regularly budgeted, on-going position. Regular Full-Time employees are eligible to receive the standard benefit package. 5.2.2 REGULAR PART-TIME EMPLOYEES: A regular part-time employee typically is scheduled to work a minimum of twenty (20) hours per week but no more than forty (40) hours per week in a regularly budgeted, on-going position. Regular Part-Time employees are eligible to receive the standard benefit package, prorated to match the FTE percentage and adjusted by actual hours worked. Medical benefits are consistent with Article 15.1. 5.2.3 TEMPORARY EMPLOYEES: A temporary employee is hired for a specific assignment 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 (12) 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 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. Temporary employees are not eligible for bumping, seniority and longevity. 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. General Services-Teamsters Union Local No.252 and Mason County 2019-2021 Collective Bargaining Agreement Page 10 6.2.5 SEASONAL EMPLOYEES: A seasonal employee works for a specific amount of time and is not anticipated to meet or exceed one thousand and forty(1,040) accumulated hours in a twelve (12) month period. A seasonal employee is not eligible to receive the benefits package. 5.3 CONTRACTORS The Employer will make good faith efforts to limit bargaining unit work to employees covered by this Agreement. Should the Employer consider Subcontracting,the parties shall meet to allow the Union an opportunity to review the County's financial reasons for considering subcontracting and to present any alternative means of cost-savings besides subcontracting for the County to consider. If the,County determines that subcontracting is necessary, the County shall negotiate with the Union the effects of subcontracting upon members of the bargaining unit. 5.4 STUDENTS/INTERNS Student and Internship programs may be created by the employer provided such does not take work away from budgeted classifications represented by the Union, the Union is provided notice and, upon request by the Union, the Employer meets with the Union to discuss the impacts and benefits of the program. ARTICLE 6— HOURS OF WORK AND OVERTIME 6.1 WORKDAY/WORKWEEK The workweek shall normally consist of five (5) workdays within a seven (7) consecutive day period beginning Sunday at 12:00 a.m. through Saturday 11:59 p.m. The assignment of workdays and work schedules shall be determined by the Employer in order to meet business and customer service needs or in response to budgetary demands Changes in work schedule, which may include changes in the schedule or total hours, shall be consistent with Article 6.2. 6.2 WORK SCHEDULES For regular full-time employees, the workweek shall normally consist of forty (40) hours of time scheduled within a seven (7) consecutive day period. Work hours for full-time employees covered by this Agreement shall normally be 8:00 a.m. to 5:00 p.m., unless a County Office or Department establishes an alternate work schedule as described below: A. The regular workweek shall normally consist of five (5) consecutive workdays, Monday through Friday. B. The County may modify the regular workweek to support special purposes at specified periods of time (for instance parks, facilities, utilities, health, etc.), provided employees receive at least five (5)working days' notice of the schedule change. C. The Employer may change employee work schedules with five (5) working days' notice to the employee and his/her Union representative. Less than five (5) working days' notice may be given if mutually agreed between the employee and the Employer. D. Hours shall be extended outside of normal business hours as necessary to allow for the uninterrupted and efficient operation. General Services-Teamsters Union Local No.252 and Mason County 2019-2021 Collective Bargaining Agreement Page 11 Flex Time: Flexible starting and/or quitting times may be adopted, on a case-by-case basis, with mutual agreement between the employee and his/her Employer. These work schedule adjustments shall not result in the application of the overtime provisions. Alternate Work Schedule: Workweeks and work shifts of different numbers of hours and/or workdays may be established by the Department Head in order to meet business and customer service needs, or in response to budgetary demands. Employees may be assigned to an'alternate work schedule with five (5) working days' notice from the Department Head. An employee may request to work an alternate work schedule, which shall be subject to the approval of the Employer. The alternate work schedule shall not result in the application of the overtime provisions. 6.3 REST/MEAL BREAKS Employees may be allowed up to a one (1) hour unpaid lunch period as approved and scheduled by the Employer. Employees are entitled to take one (1) fifteen-minute break for every four (4) hours worked. Breaks should be arranged so that they do not interfere with County business or service to the public. Lunch periods and breaks shall not be combined and they may not be used to shorten an employee's workday. Solid Waste Attendants assigned to remote work locations who are not relieved for lunch shall be provided with a paid one-half (1/2) hour lunch period at approximately midway through the workday. This meal period shall be scheduled so that service to the public is not impaired. 6.4 OVERTIME Any employee in a paid status for at least eight (8) hours and beyond their scheduled work-day, or who works more than forty (40) hours in a workweek shall be compensated at the rate of one and one-half times their straight-time hourly rate for all such overtime hours worked. An employee assigned to work on a Sunday or on a Holiday, when it is not within the employee's usual work schedule, shall be compensated at a rate of two times their straight-time hourly rate for all hours actually worked, in addition to any Holiday Benefit pay. All overtime must be pre-approved by the Employer. If the workweek includes sick and/or vacation leave hours, no overtime will be paid, unless the sick and/or vacation leave was preapproved. Upon a request to work beyond the regular workday or workweek, by mutual agreement, the parties may agree upon an adjusted work-week for that specific workweek, for purposes of employee convenience and to avoid overtime. 6.5 Comp TIME The Employer may authorize comp time in lieu of overtime compensation and,'if so, the employee shall receive comp time at the rate of one and one-half times their straight-time hourly rate for all overtime hours worked. Comp time earned may not exceed eighty (80) hours at any point in time. Employees shall receive overtime compensation whenever their accrued comp time reaches the eighty (80) hours maximum. For employees hired on or after January 1, 2020, no rollover comp time can be banked, and the allowed eighty (80) hours of accrued comp time must be used by the end of each year. If the employee does not use all their accumulated comp time by the end of the year, they will receive a payout for the unused comp time on the December 25 payroll check. Upon approval by the County, the employee may be permitted to cash out all or part of the excess comp time. The scheduling of comp time off shall be requested and approved in the same manner as vacation leave. Compensation shall not be paid (nor comp time earned) more than once for the same hours under any provision of this Article or Agreement. Premium or overtime pay shall not be duplicated or pyramided unless required by the Fair Labor Standards Act, in which case premium or overtime pay shall be based on the employee's regular rate of pay. General Services-Teamsters Union Local No.252 and Mason County 2019-2021 Collective Bargaining Agreement Page 12 Unless there are bon a fide work requirements, authorized overtime work opportunities shall be distributed as equally as possible, in inverse order of seniority within job classifications. Employees may decline voluntary overtime opportunities. ARTICLE 7— EMPLOYMENT PRACTICES 7.1 NONDISCRIMINATION Under this Agreement, neither party will discriminate against employees on the basis of race, sex, age, marital status, color, creed or religion, national origin, political affiliation, veteran status, sexual orientation, or any real or perceived sensory, mental or physical disability, or because of participation in or lack of participation in union activities. Bona fide occupational qualifications based on the above traits do not violate this Section. Sexual harassment will be considered discrimination under this Article. Disputes involving this Article may be processed through an appropriate agency and/or the grievance procedure; however, use of the grievance procedure is encouraged prior to the initiation of any other official action involving such a dispute when the action is originated by the Union or members thereof. Whenever words denoting gender are used in this Agreement, they are intended to apply equally to either gender. 7.2 JOB POSTING When a job opening or vacancy in the bargaining unit occurs, notice of such position shall be posted by the Human Resources Department for a period of no less than seven (7) calendar days before the position is filled. The posting shall indicate the salary range for the position, the required or preferred minimum qualifications and/or experience, the Department to whom the position will report and the application process. Union positions will be identified as such. It is the Employer's interest to fill positions with the most qualified individuals who apply. While qualified employees within the bargaining unit shall be given first consideration for a position 7.3 PROMOTIONS Promotions, Transfers and Demotions defined -As used in this Article the following terms mean: A) Promotion is a change of an employee from a job classification to a different job classification which is compensated at a higher salary range. B) Transfer is a change of an employee from a job classification to a different job classification which is compensated at the same salary range. C) Demotion is a change of an employee from a job classification to a different job classification which is compensated at a lower salary range. Employees who are reclassified, promoted or transferred may serve a trial service period of up to three (3)months. Employees may elect to revert to their previous job classification and position within thirty(30) calendar days of the effective date of their reclassification, promotion or transfer. After thirty (30) days, if the employee is unsuccessful in the new position, the employee shall be returned to his or her previous position only if it is vacant (i.e. an offer of employment has not been extended). If the position is not vacant or if it has been abolished,the employee will be laid off in accordance with Article 8, Seniority except that the employee shall not be eligible to exercise the bumping provision. Employees on trial service shall be paid the appropriate established salary for that position and if reverted, either voluntarily or by the Employer, will return to their previous salary (including any adjustments due, e.g., salary increase, step increases, etc.). General Services-Teamsters Union Local No.252 and Mason County 2019-2021 Collective Bargaining Agreement Page 13 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 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. Evaluation may occur in two forms: a. 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. b. Additionally, evaluation of job performance may occur at any time and on an ongoing basis. Evaluation may occur in various ways and may include coaching, counseling or written assessment. The evaluation process shall also include a review of the current job description. Evaluation shall not, by itself, constitute disciplinary action —disciplinary action must be specifically identified as such, in writing, consistent with Article 7.6. Employees will be given a copy of the evaluation. Employees will be required to sign the evaluation, acknowledging its receipt. Evaluations are not grievable, however, employees may elect to provide a written response to the evaluation, which will be retained with the evaluation in the employee's personnel file. General Services-Teamsters Union Local No.252 and Mason County 2019-2021 Collective Bargaining Agreement Page 14 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 requested as 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 provided to the employee before such material is placed in their personnel file. Employees disciplined or discharged shall be entitled to utilize the grievance procedure. If, as a result of the grievance procedure utilization,just cause is not shown, personnel records shall be cleared of reference to the incident, which gave rise to the grievance. The Employer will notify the Union in writing within three (3) working days after any notice of discharge. The failure to provide such notice shall not affect such discharge but will extend the period within which the affected employee may file a grievance. The Employer recognizes the right of an employee who reasonably believes that an investigatory interview with a supervisor may result in discipline to request the presence of a Union representative at such an interview. Upon request, they shall be afforded a Union representative. The Employer will delay the interview for a reasonable period of time in order to allow a Union representative an opportunity to attend. If a Union representative is not available or delay is not reasonable, the employee may request the presence of a bargaining unit witness. (Weingarten rights) Employees shall also have a right to a notice and a determination meeting prior to any disciplinary action (except oral warning). The Employer must provide a notice and statement in writing to the employee identifying the performance violations or misconduct alleged, a finding of fact and the reasons for the proposed action. The employee shall be given an opportunity to respond to the charges in a meeting with the Employer, and shall have the right to Union representation during that meeting, upon request. (Loudermill rights) The Employer shall endeavor to correct employee errors or misjudgments in private, with appropriate Union representation if requested by the employee. General Services-Teamsters Union Local No.252 and Mason County 2019-2021 Collective Bargaining Agreement Page 15 Discipline shall be subject to the grievance procedure in this Agreement as to whether or not such action as to any post-probationary employee was for just cause. Just cause shall be established if the following has been shown by the Employer: 1. Notice:That the Employer did forewarn employee of possible consequences of conduct; 2. Reasonable Rule or Order: That the Employer policy, rule, or order involved reasonably related to the orderly, efficient, or safe operation of the Employer; 3. Investigation: That before administering discipline, the Employer did make an effort to discover whether employee did, in fact, violate or disobey an Employer policy or rule; 4. Fair Investigation: That the Employer conducted its investigation objectively; 5. Proof: That, in the investigation, the Employer did obtain evidence or proof that the employee violated such Employer policy or rule; 6. Equal Treatment: That the Employer applied its rules, orders, and penalties evenhandedly and without discrimination under the circumstances; and 7. Penalty: That the.degree of discipline was reasonably related to the seriousness of the offense and/or the employee's record. ARTICLE 8 —SENIORITY 8.1 DEFINITIONS Office/Department Seniority: the service time spent in each individual Elected Official's Office or Department within the bargaining unit. Employer/County Seniority: the total unbroken services with Mason County. An employee's County seniority shall be established as the initial date of-hire, upon completion of the original six (6) month probationary period. Bargaining Unit Seniority: the total length of continuous calendar-based service with the Employer and in the bargaining unit. Seniority shall be established upon appointment to a regular full-time or part-time, budgeted position within the bargaining unit. No seniority shall be established while an employee is employed in Seasonal or Extra Help/On-Call position. Time in service in a Temporary position shall count for leave accrual or step movement purposes only. A Temporary employee or a Regular employee in a Temporary position who is hired without a break in service directly into a Regular position in the same classification shall be credited for Office / Department Seniority from the original date of hire into that classification. The appointment date shall be adjusted for leaves of absence without pay, except when such leaves are the result of federal or state legally protected leaves. Other Definitions: 8.1.1 Application of Seniority How an employee's years of continuous service are utilized to determine their respective rights in regard to postings, promotions, reassignment, transfer, layoff, or recall. General Services-Teamsters Union Local No.252 and Mason County 2019-2021 Collective Bargaining Agreement Page 16 8.1.2 Continuous Service Means uninterrupted employment with the Employer subject to the following provisions: 1. Continuous calendar-based service shall include uninterrupted employment. 2. Continuous service is terminated by resignation, termination, retirement, layoff or failure to respond to two offers of recall to former or comparable employment. 8.1.3 Layoff A layoff is identified as the anticipated and on-going or prolonged reduction in the number of full-time equivalent (FTE) positions or in the number of partial FTEs within the Employer or within a job classification covered by this Agreement. A reduction in force in a classification may occur for reasons of lack of funds, lack of work, efficiency or reorganization. Reductions in force are identified by classification within the affected Office or Department. 8.1.4 Affected Group[Employees An Affected Group would be any job classification that is subject to a layoff. An Affected Employee would be the least senior employee(s) within an affected job classification which are subject to lay-off or reduction in force and have certain rights as a result. 8.1.5 Layoff Alternatives A number of alternatives exist for affected employees including: 1. Assume a vacant position - per Article 8.13.1 2. Bump-displacing a less senior employee 3. Recall - accepting unemployment and the option of future recall 8.1.6 Bumping The displacement of a less senior regular employee by another regular employee with more seniority in the classification. 8.2 APPLICATION OF SENIORITY In the event of reassignment, transfer, layoff, or recall, seniority shall be the determining factor where employees are equally qualified to do the job. Seniority shall be applied in the following manner: For purpose of promotions and/or layoffs from within a department, seniority shall mean that time spent in each individual department within the bargaining unit. For all other purposes, seniority means total unbroken service with Mason County. An employee's County seniority shall be established as the initial date of hire upon completion of the original six (6) month probationary period. 8.2.1 Postings/promotions In regard to job postings, promotion and reassignment, "qualifications" and/or"ability"will be the primary consideration,with such posting or promotion being consistent with Article 7 and this Article. Qualifications will include the minimum qualifications of education, training and experience as set forth in the job description, as well as the job performance, ability, employment record and contribution to the needs of the Department. General Services-Teamsters Union Local No.252 and Mason County 2019-2021 Collective Bargaining Agreement Page 17 8.2.2 Layoffs Total Office/ Department Seniority shall determine who is to be laid off within the selected classification (affected group) and within the Office or Department. The least senior regular employee(s) within the classification shall be the affected employee(s). In the event of two employees having the same Office / Department Seniority, bargaining unit seniority shall be determinative. In the event of two employees having the same bargaining unit seniority, Employer seniority shall be determinative. In the event of two employees having the same bargaining unit seniority and Employer seniority, a coin will be flipped to determine the tie breaker. 8.2.3 Bumping As to bumping, the employee's "competence" and the ability to adequately perform the unique functions of the job assignment will be the primary consideration, applied in accordance with seniority. Competence / Ability to adequately perform will be defined as the immediate, clear and full performance on the job, with a minimal period of orientation and no material reduction in the efficiency of the operation or services, as determined by the Employer. 8.2.4 Recall Seniority shall be determinative in the identification of which employee is to be recalled, when there are more than one who is qualified and/or have previously performed a position. In the event that an employee is being recalled to a new position, the employee's qualification and the ability to adequately perform the unique functions of the job assignment will be the primary consideration, applied in accordance with seniority, consistent with Article 8.2.3. 8.3 PROBATIONARY PERIOD Upon successful completion of the probationary period, the Employer seniority of the Regular employee shall be established as the initial date of hire including the service during the probationary period. Department seniority shall then be based on continuous service with the Department. 8.4 LOSS OF SENIORITY Seniority shall terminate by discharge from service or by voluntarily leaving County service; provided that employees on lay-off status retain the seniority they had at time of lay-off for eighteen (18) months from date of layoff. An employee, therefore, will lose seniority rights by and/or upon: • Resignation. • Discharge. • Retirement. • Layoff/Recall list of more than eighteen (18) consecutive months. • Failure to respond to two offers of recall to former or comparable employment. Employees who are re-employed following the loss of their seniority, shall be deemed a newly-hired employee for all purposes under this Agreement, except as provided in the following: if an employee is laid off or resigns in good standing after working at least twelve (12) consecutive months, and is thereafter re-employed within twelve (12) months, the employee will, upon successful completion of the probationary period, regain the seniority that they had as of the effective date that the employee resigned. 8.5 LAYOFFS A layoff is identified as the anticipated and on-going or prolonged reduction in the number of full- time equivalent (FTE) positions or in the number of partial FTEs within the Employer or within a job classification covered by this Agreement. General Services-Teamsters Union Local No.252 and Mason County 2019-2021 Collective Bargaining Agreement Page 18 For purposes of this article, layoff is further identified as any reduction in hours which results in a regular position being less than their budgeted FTE. Total Office/Department Seniority shall determine who is to be laid off within the selected classification. Bumping rights are determined by Office or Department seniority, consistent with Article 8.2. Layoff process: A. The Employer may reduce the work force because of lack of work, lack of funds. B. If a reduction in the work force becomes necessary, the Employer will first consider reduction through normal attrition, (i.e., by not filling normally occurring vacancies). C. If normal attrition is not feasible, the Department Head shall determine which positions) will be eliminated. The least senior employee(s) in the affected job classification(s)within the affected department shall be laid off. Before laying off any regular employee, all temporary and probationary employees within the same Office or Department shall be laid off first, provided there is a regular employee qualified to do the work.of the position. 8.6 NOTICE Employees scheduled for layoff shall be given at least fourteen (14) calendar days' written notice of the layoff. 8.7 MEETING WITH UNION The Union shall also be notified in writing of any reduction in hours proposed by the Employer, including the purpose, scope, and duration of the proposed reduction. Upon the Union's request, the Employer and the Union shall meet promptly during the notice period identified in Article 8.6 to discuss the reasons and the time-lines for the layoff and to review any suggestions concerning possible alternatives to layoff. Union concerns shall be considered by the Employer prior to implementation of any reduction in hours. This procedure shall not preclude the Employer from providing notice to employees or requesting volunteers to take leaves of absence without pay, provided the Employer notifies the Union of the proposed request. 8.8 AFFECTED GROUP The following procedure shall apply to any layoff: 8.8.1 Affected employees The Employer shall first determine by job classification the number of employees or FTEs to be affected by the layoff. The employee(s) holding such FTEs, which are subject to layoff, shall be the "affected employee(s)." The least senior employee, by Office or Department seniority, within the affected job classification shall be selected for layoff, consistent with Article 8.2.2. The exception would be only when the Employer determines that the position requires unique qualifications and abilities necessary to perform the specialized and required functions of that position, which would then become an overriding factor. In cases where Office or Department seniority within a job classification is equal, bargaining unit seniority will be the determining factor. In the event this is also equal, Classification seniority will control. In the event this is also equal, Employer seniority will control. If all of General Services-Teamsters Union Local No.252 and Mason County 2019-2021 Collective Bargaining Agreement Page 19 the seniorities are equal,' then Management shall make the final decision based on performance and job skills. 8.8.2 Volunteers Simultaneous with implementing the provisions of the layoff procedure, the Employer may first seek, by a five (5) working day posting process, volunteers for layoff or voluntary resignation from among those employees who work within the same job classification as the affected employees. If there are more volunteers than affected employees, volunteers will be chosen by bargaining unit seniority. Employees who volunteer for layoff may opt for recall rights'as described in this article at the time of layoff. If there are no or insufficient volunteers within the affected job classification, the remaining affected employees who have received notice must choose promptly (within five (5) full working days of receipt of the Notice) among the layoff options set forth in Article 8.13. 8.8.3 Probationary Employees If the number of volunteers is not sufficient to meet the announced number of necessary layoffs, and if the affected employee is an initial probationary employee, then that employee shall be laid off and are ineligible to select among layoff options. 8.9 VACANT POSITIONS Positions will be filled in accordance with Article 8.2 and other sections of this Article.. Within the bargaining unit and the Department, affected employees and employees on the recall list shall be given first opportunity for vacant bargaining unit positions for which they are qualified prior to outside hiring by the Employer, consistent with Article 8.13.1. Within other Departments affected employees will be given consideration for vacant positions for which they are qualified. 8.10 SENIORITY LIST The Employer shall update the seniority list and provide it to the Union annually or upon request, consistent with Article 3.3. If a layoff is announced, a current ranked seniority list including job classifications, names,job locations, and FTE or hours per week shall be provided to the Union and posted in the affected Department. 8.11 ORDER OF LAYOFF The least senior employee (by Department Seniority) within the affected job classification and affected Department shall be selected for layoff. No regular employee shall be laid off while another employee in the same classification within the Department is employed on a probationary, extra help or temporary basis, unless specialized skills are required to fill the position that are not possessed by the regular staff member. This provision shall apply only to the classification where the initial layoff occurs and not to the classification into which laid off employees have bumped. 8.12 COMPARABLE EMPLOYMENT For purposes of this Article, "comparable employment," "comparable position" or vacancy shall be defined to include a position which has the same salary range and, additionally, the educational and experience qualifications, FTE and work-week are substantially similar. 8.13 LAYOFF OPTIONS Affected employees who have completed their probationary period shall have the following options: 8.13.1 Assume a Vacant Position On a bargaining unit seniority basis, to assume a vacant position in the same Department and bargaining unit, for which they are qualified. On a bargaining unit seniority basis, the General Services-Teamsters Union Local No.252 and Mason County 2019-2021 Collective Bargaining Agreement Page 20 employee shall also be considered for available job openings within the Employer for which the employee is qualified. When a regular full-time or part-time employee is being laid off the Employer may offer a temporary position if one is available and the employee has the ability to perform the work. Laid off employees who accept these assignments will be provided the benefits and provisions of the temporary assignment. Employee(s) accepting these assignments will be subject to recall. 8.13.2 Bump Employees notified for layoff may bump other employees in their own bargaining unit in lieu of being laid off, if all of the following conditions are met: 1. They have more seniority than the employee they will bump; 2. The job classification they are bumping into is paid on a salary range that is equal to or less than the salary range of their job classification; 3. They previously held status in that job classification or they are determined by the Employer to be able to immediately perform the primary duties of the position they are requesting to bump into; and 4. They provide written notification to their department head of their intent to exercise their bumping right within five (5) calendar days' of receiving their layoff notice. Under no circumstances shall an employee's exercise of his/her bumping right result in a greater benefit to the employee than previously held (e.g. a promotion or increase to full-time if previously part-time). The employee bumping into another position shall be given an orientation period to familiarize the employee with the practices and/or policies related to the job. The employee who may be displaced by the more senior employee who is bumping shall be provided at least fourteen (14) calendar days' written notice of layoff. If this employee is eligible to bump another employee in his/her department pursuant to the conditions outlined in this subsection, then the third employee identified for layoff shall be laid off. It is understood that employees being laid off and/or recalled under this Agreement must meet the education, experience and, if applicable, license and/or certification requirements and be able to immediately perform the primary duties of the position they are requesting to bump or be recalled into. Regular Employees faced with a reduction of hours shall have the option of remaining in the reduced position (if above the 20 hour threshold) or bumping to a lower classification, if competent as defined in Article 8.2.3. Competent shall mean having demonstrated skills and required experience to perform the job; and in case of disputes, the final decision shall be made by the Employer. An employee who has bumped shall move to the highest step of the new salary range that does not exceed their current salary. If there is no employee in the next lower classification who is less senior than the person scheduled for layoff, that person may look progressively to the next lower classification for such bumping rights. The employee who is bumped by the affected employee shall have the same rights under this Article. General Services-Teamsters Union Local No.252 and Mason County 2019-2021 Collective Bargaining Agreement Page 21 8.13.3 Recall If the affected employee elects not to take a vacant position, elects not to bump or cannot immediately and adequately perform the functions of the job assignment in assuming a vacant or bumped position, then that employee will be placed on the recall list and will be eligible for recall under Article 8.15. . Nothing contained in this layoff section shall be construed to require the Employer to modify its position and classification structure in order to accommodate bumping or other re-employment rights. Salary placement rules shall apply to recall to regular positions and to employees who have bumped. Employees bumping to another position shall retain their old anniversary date for purposes of step increases. Persons recalled to the same job classification shall be placed in their former step and time in step. 8.14 REDUCTION HOURS/FTE An employee subject to an involuntary reduction in their FTE may elect to accept the reduction, may bump and/or may elect to be placed on recall in accordance with Article 8.13. If the reduction results in hours less than their budgeted FTE, it will be considered a layoff and the employee shall have the right to bump or recall list. 8.15 RECALL Any regular employee who is laid off shall have his/her name placed on a recall list within his/her department for the classification he/she was laid off from, for any lower classification in the same series, and for any other classification in which the employee has held regular status. The employee's name shall remain on the recall list(s)for a period of eighteen (18) months from date of layoff. Persons shall be recalled in inverse order of layoff to the classification held at the time of layoff. Employees who were laid off shall be considered for other positions in their department and/or within the bargaining unit in accordance with Article XII -"Filling Positions." It shall be the responsibility of each person on a recall list to keep the County informed of his/her current address and telephone number. The layoff letter to the employee shall advise him/her of their recall rights and of the name and address of the person in County government to whom the employee must send notice of their current address or any subsequent changes. The County shall have the right to remove the name of any person on the recall list if there is no response within fourteen (14) calendar days after the County has mailed a certified letter(return receipt request)to the person's last known address. If an employee on recall accepts an opportunity to return to work in a lower classification than the one laid off from, the employee's name may remain on the recall list for their previous higher classification for the balance of the eighteen (18), and shall be given an opportunity to accept such a position if it should become available. If an employee is recalled to return to the same classification from which he/she was laid off, and refuses the offer to return, his/her name shall be removed from the recall list and further return rights shall be forfeited. Employees recalled to their former classification within eighteen (18) months of being laid off shall be placed at the same salary range and step, and time in step, in effect at the time of layoff. In addition, employees recalled to County service within eighteen (18) months 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 General Services-Teamsters Union Local No.252 and Mason County 2019-2021 Collective Bargaining Agreement Page 22 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 As long as any employee remains on the recall list the Employer shall not newly employ by hiring persons into the affected bargaining unit classification(s), within their Department, until all qualified employees holding recall rights to that affected classification have been offered recall. A copy of the recall list shall be provided to the Union, upon request. There shall be no probationary requirement for persons returning to their former position if the initial probationary period has been completed. Employees shall not lose seniority original as a result of layoff for a period of up to eighteen (18) months, per Article 8.4.4; provided, however, that no benefits nor seniority shall be accrued during the period of layoff. 8.16 VACATION&LEAVE CASH OUTS/PAY Any regular employee who is laid off or terminated shall be cashed out for any unused vacation benefits or comp time with their final paycheck, to the extent of established maximums (per other Articles of this Agreement). Sick leave balances at the date of layoff shall be restored upon recall with the Employer if the person is recalled into a regular position from the recall list and the employee did not receive a sick leave cash-out per Article 13.1. No sick leave shall accrue during the period of layoff. If a person on the recall list is employed in a temporary position, only sick leave accrued during temporary employment may be used during temporary employment. Sick leave accrued during temporary employment may be added to any existing sick leave balance if the person is hired into a regular position from the recall list. 8.17 UNEMPLOYMENT CLAIMS If laid off employees apply for unemployment compensation benefits, the Employer will not contest the claim and will confirm that the employee was laid off. ARTICLE 9—WAGES 9.1 WAGE SCHEDULE. Effective July 1, 2019 through December 31, 2021, each employee shall have his/her base wage as set forth in Appendix I, I I and III: INCREASE 1/1/2019 2.00% 1/1/2020 1.75% 1/1/2021 1.50% Should it become necessary to establish a new job classification within the bargaining unit during the life of this Agreement, the Employer may designate a job classification title and salary for the classification. The salary for any new classification within the bargaining unit shall be subject to negotiations, consistent with Article 2.2. Advancement from step to step occurs on the employee's annual anniversary date. The anniversary date is the day the employee started work within a job classification. Upon promotion of an employee placing him/her in a higher range, the date of the promotion becomes the anniversary date that General Services-Teamsters Union Local No.252 and Mason County 2019-2021 Collective Bargaining Agreement Page 23 determines future step increases within that job classification. The employee's actual date of hire with Mason County will always remain the same (regardless of promotion)for purposes of vacation leave, sick leave, and retirement. The Employer shall make available information monthly which shall reflect all items covered by gross pay such as; sick leave, vacation time, straight time and overtime. 9.2 HIRE-IN RATES New regular employees shall normally be placed at Step 1 of the appropriate salary range in their job classification, or placed consistent with current personnel rules. 9.3 SHIFT DIFFERENTIAL Shift differential is not applicable to this bargaining unit. ARTICLE 10—OTHER COMPENSATION 10.1 STANDBY/DUTY OFFICER STIPEND Employees whose duties require them to serve as a 24/7 point of contact for after business hours and weekends (duty officer) shall be paid a stipend of one hundred and fifty dollars ($150) per week of duty. The $150 will be adjusted for any pre-approved periods of time not available for standby duty during that workweek. The employee will be paid overtime (or offered comp time) for such hours as work is actually performed in the event of an incident, provided such hours worked are consistent with the requirements of Article 6.4 and shall be paid one and one-half(1 1/2)times their straight-time hourly rate except any work required on a holiday shall be paid at double the straight-time hourly rate for all such hours worked. 10.2 CALL-BACK PAY Regular and Temporary full-time employees who are called back to work after leaving the job site (and not adjacent to the next regularly scheduled shift), shall receive a minimum of two (2) hours' pay at the overtime rate. When an employee is called out between shifts, the time worked between shifts shall be paid at the rate of one and one-half (I Y2) times the regular rate. Employees called back to work on a holiday shall be paid at double the straight-time hourly rate for all work. De minimis phone contact does not constitute a call back. After working the call out shift, the employee may have the option of working the next regularly scheduled shift, provided the supervisor and the employee feel the employee can carry out the duties of the position safely. When the employee does continue working, the time worked on the next regularly scheduled shift shall be compensated at the normal straight time rate. Part time employees who are called back to work after leaving the job site shall receive a minimum of two (2) hours' pay at the appropriate rate of pay. All employees will respond to emergency call-outs unless extenuating circumstances such as illness or other incapacitation prevent the employee from responding. Pursuant to provisions of RCW 38.52 concerning Emergency Management, and Mason County Code 2.19.050, the County may utilize personnel of any County Department or agency in a declared disaster. During periods of emergency, changes of shift can be made with eight (8) hours' notice, provided the employee has eight (8) hours off between the two (2) shifts. This provision shall apply to employees who are required to attend Employer scheduled meetings on their regularly scheduled day(s) off. General Services-Teamsters Union Local No.252 and Mason County 2019-2021 Collective Bargaining Agreement Page 24 10.2 WORK IN A HIGHER CLASSIFICATION No employee shall be reduced in salary or benefits because of being assigned by the Employer to perform the work of a lower classification, except in the situation of lay off. A supervisor may assign an employee to perform the primary duties of a higher classification, when those duties are not part of the employee's current job classification, for the purpose of: A. Providing work coverage during an authorized vacation period; B. Providing work coverage during an authorized sick leave; C. Providing work coverage for an authorized leave of absence; or D. Providing work coverage for a currently vacant position. Employee(s) assigned to work at least three (3), eight (8) hour days within a twenty-one (21) calendar day period, in a higher classification will receive the first step salary of the appropriate classification that provides at least a five percent (5%) increase for all time spent in that higher classification. The employee must be performing most of the essential functions of the higher classification to have that time count toward the additional compensation. This section is not applicable to employees who are being trained to perform the work of the higher classification. 10.3 MILEAGE REIMBURSEMENT All bargaining unit employees who are required to use their own vehicles for Employer business shall be reimbursed at the mileage rate set by the current policy for all miles driven on such business. 10.4 LONGEVITY The County shall provide additional monthly compensation above each eligible, regular full-time employee's base salary to recognize continuous length of service as a County employee. Eligible, regular part-time employees shall receive a pro-rated longevity benefit 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. The longevity benefit will be implemented in accordance with the following schedule: Beginning in 11th and continuing thru 15t' years 1.5% above base Beginning in 161 and continuing thru 20th years 3.0% above base Beginning in 21 st and continuing thru 25th ears 4.5% above base Beginning in 26th year and continuing thereafter 6.0% above base 10.5 LEAD WORKER The County may designate an employee as a Lead Worker; such designation is not considered to be a "job vacancy" or"newly created position" as referenced in ARTICLE 8— SENIORITY, Section 2. A Lead Worker 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 Teamsters bargaining unit. This job classification is used at the discretion of management(and with prior approval of the Board of County Commissioners). A Department Head will post within his/her Department a notice of intent to appoint a Lead Worker. He/she will give full consideration to all departmental applicants before going outside his/her department. Any employee who acts as Lead Worker will receive an additional ten percent (10%) salary for the period of time they perform that function. 10.6 COMMERCIAL DRIVERS LICENSE(CDL) The County shall pay for all required medical examinations including employees who are required to possess a Commercial Driver's License, and also reimburse such CDL holders for the costs above the basic Washington State Driver's License that are unique to maintaining their CDL General Services-Teamsters Union Local No.252 and Mason County 2019-2021 Collective Bargaining Agreement Page 25 (excluding any cost/fees caused by improper driver acts). This benefit shall be for current employees only; it excludes the cost(s) of any certification/testing/examination required to meet the conditions of employment for the prospective employee's position. Should an employee seek to transfer to a new position requiring certification/testing/examination to meet the minimum requirements for the position, the cost shall be borne by the employee. 10.7 CLOTHING The County shall provide an annual clothing allowance to each CS&W Operator OIT, I, II, or III and each Solid Waste Attendant I, Il, and III employee in the amount of One Hundred Dollars ($100.00), payable by the second payday in July. ARTICLE 11 - HOLIDAYS 11.1 HOLIDAYS The following designated annual paid Holidays shall be observed per County Policy (other than the Floaters), with the exception of Solid Waste employees whose observed Holiday schedule shall be set on an annual basis in consultation with the Union: New Year's Day Labor Da Martin Luther King Day Veterans' Da Presidents' Day Thanks i ing Da Memorial Day Day After Thanksgiving* July Fourth Christmas Eve Da Two 2 Floating Holidays Christmas Da * For employees on 4-10s (Monday through Thursday), the 'Day After Thanksgiving' holiday shall be observed on Wednesday, the day before Thanksgiving. Eligible full-time employees shall receive eight(8)hours of holiday benefit pay. Part-time employees shall be paid pro rata holidays in accordance with the number of hours regularly compensated. For any Holiday to be paid, an employee must be in paid status the employee's scheduled work- day before and the employee's scheduled work-day after the Holiday. The floating holidays are to be at the discretion of the employee with the approval of the supervisor, requiring one week's advance notice, which may be waived by the supervisor. All requests to use a floating holiday must be made no later than the last working day of November. Floating holiday(s) not used by the end of the calendar year will be forfeited, unless denied on the basis of the staffing needs of the Office or Department. Except by mutual agreement, floating holidays shall be used in whole day increments. 11.2 RELIGIOUS HOLIDAYS Employees may also take other religious holidays off with their supervisor's approval, with or without pay, through utilization of vacation or comp time or by making alternative work schedule arrangements. Such requests shall not be unreasonably denied. 11.3 HOLIDAY OBSERVANCE When a recognized holiday falls on a Saturday,the proceeding Friday shall be considered the holiday. When a recognized holiday falls on a Sunday, the following Monday shall be considered the holiday. For those employees on a 4110 work schedule or other alternate schedule, when one of the listed holidays falls on one of the employee's regularly scheduled days off, the holiday shall be observed on a day mutually agreeable to the employee and the Employer within the same workweek. General Services-Teamsters Union Local No.252 and Mason County 2019-2021 Collective Bargaining Agreement Page 26 11.4 HOLIDAY ON DAY OFF Benefitted employees shall receive eight (8) hours' holiday benefit pay and time-off for each holiday listed in Article 11.1 — Holidays. 11.5 HOLIDAY COMPENSATION Benefitted employees shall be paid no more than eight (8) hours of Holiday Benefit Pay for that day regardless of their work individual schedule. Part-time employees will receive a paid holiday in proportion to the number of hours they ordinarily would be scheduled to work (not to exceed eight (8) hours) on that day. Solid waste facilities: Solid Waste employees whose regular schedules include Martin Luther King Day, Presidents' Day, Memorial Day, Labor Day, Veterans' Day, and Day After Thanksgiving shall receive time and one-half (1 %) for all hours worked in addition to holiday pay. For work on other Holidays or for employees not regularly scheduled, see above. Should any work be performed by an employee on a holiday at the approval and/or direction of their supervisor they shall be paid for time worked and overtime may result if, consistent with Article 6.4, it results in over forty(40) hours worked for the workweek. No employee shall be called on a holiday for less than four (4) hours, except those personnel serving Standby Duty. ARTICLE 12—VACATION 12.1 VACATION ACCRUAL All Regular and Temporary full-time employees of the County coming under this Agreement after six (6) months' employment shall be entitled to and receive vacation leave with pay as follows: 1st through 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 PIERS participation to have vacation leave accrual apply. The first day of the month of hire shall be the effective date of subsequent increases in the vacation leave accrual rate for employees hired between the first and the fifteenth of the month. The first day of the month following the month of hire shall be the effective date of subsequent increases in the vacation leave accrual for employees hired between the sixteenth and the last day of the month. Regular and Temporary full-time employees shall accumulate one-twelfth (1/12th) of their yearly accumulation total per month. The maximum amount of vacation leave that may be accrued at any point in time is four hundred (400) hours. No additional vacation leave will be accrued or added to an employee's vacation leave benefit when the maximum accrual has been attained. 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. General Services-Teamsters Union Local No.252 and Mason County 2019-2021 Collective Bargaining Agreement Page 27 Whereas the County recognizes the importance of employees utilizing earned vacation leave to promote and enhance their mental and physical well-being, employees should attempt to use vacation leave during the year in which it is earned. 12.2 VACATION SCHEDULING Upon completion of six (6) months' continuous service in a Regular and Temporary position, an employee shall be eligible for paid vacation. An employee's request for vacation leave will be granted, provided that prior approval is given by the employer and provided that leave requested does not prevent a Department or division thereof from providing efficient public service. Vacation leave approval will be on the basis of meeting the workload requirements of the Mason County service schedule where the employee is employed. All requests to use vacation leave shall be submitted in writing. When an employee desires to use five (5) or more consecutive vacation leave days he/she must submit a leave request at least fifteen (15) calendar days in advance of the time off requested. Failure to request leave at least fifteen (15) calendar days in advance may be cause for the denial of the requested leave. The Employer will respond to leave requests within ten (10) calendar days of receipt; except that leave requests submitted more than sixty(60)calendar days in advance of the time off requested shall be considered on a case-by-case basis. Regular and Temporary full-time employees must work or be in a paid status at least eighty(80)hours in a month in order to accrue vacation leave for the month. Regular and Temporary part-time employees must work or be in a paid status at least in the same proportion to the eighty(80) hours as their regular hours are to full-time employment to accrue vacation leave for that month. When a holiday occurs during an employee's approved vacation leave, the day on which the holiday occurs will be charged as holiday leave rather than vacation leave. Employees shall have the option of using comp time or vacation leave for approved paid time off. 12.3 VACATION PAY Vacation leave days shall be the same as the regular workday schedule for the Department wherein the employee is employed. Vacation pay shall be the amount that the employee would have earned if the employee had worked their regular position during the vacation period. 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. 12.4 VACATION UPON TERMINATION When a regular full-time or regular part-time employee's employment terminates,the employee shall be paid in full for all accrued vacation leave. The vacation leave cash out shall be paid at the employee's rate of pay at the time of separation, provided that no employee may cash out more than four hundred (400) hours of accrued vacation leave. The cash-out of accrued leave or other accrued time off shall be paid and reported in accordance with the provisions of law regulated by the Washington State Department of Retirement Systems. An employee whose employment with Mason County terminates within the six(6) month probationary period shall not be paid for any vacation leave accrued during the probationary period. Employees shall provide at least ten (10) working days written notice of their effective resignation date. The time limit of the resignation may be waived at the discretion of the Director. Pay in lieu of unused vacation shall be forfeited if ten (10)working days written notice is not provided or waived. General Services-Teamsters Union Local No.252 and Mason County 2019-2021 Collective Bargaining Agreement Page 28 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 the 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 The Human Resources Manager, or designee, may authorize employees, within this bargaining unit, to donate their accrued vacation or sick leave to another employee, within this bargaining unit, who is suffering from, or whose parent, spouse or child is suffering from an extraordinary or severe illness, injury, or physical or mental condition which has caused or is likely to cause the employee to take leave without pay or to terminate his/her employment. All donations of leave are strictly voluntary and are subject to all IRS regulations for the donor and recipient. The following conditions apply: 1. To be eligible to donate vacation leave, the employee who donates leave must have more than ten (10) days of accrued leave. In no event shall a leave transfer result in the donor employee reducing his/her vacation leave balance to less than ten (10) days. To be eligible to donate sick leave, the employee who donates leave must have more than thirty(30) days of leave. In no event shall a leave transfer result in the donor employee reducing his/her sick leave balance to less than thirty(30) days. Transfer of leave will be in increments of one day of leave; 2. The employee receiving donated leave shall have exhausted all his/her accumulated leave time. Donated vacation leave shall be converted to sick leave for the recipient; 3. While an employee is using shared leave, he or she will continue to receive the same treatment, in respect to salary and benefits, as the employee would otherwise receive if using vacation or sick leave; 4. The transfer of leave and the amount of leave shall be authorized by the Board in advance. 5. No employee shall receive more than two hundred and sixty (260) days of donated leave during their employment with the County; Or may follow the Washington State Paid Family & Medical Leave law, RCW 50A.04. 13.4 COORDINATION -WORKER'S COMPENSATION Sick Leave Adjustment for Workers Compensation: General Services-Teamsters Union Local No.252 and Mason County 2019-2021 Collective Bargaining Agreement Page 29 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 to the nearest hour. D. Until eligibility for Worker's Compensation is determined by the Department of Labor and Industries, the County may pay full sick leave accumulated, provided that the employee shall return any subsequent over-payment to the County. E. Should an employee apply for time loss compensation and the claim is then or later denied, sick leave and vacation leave may be used for the absence in accordance with other provisions of this rule. F. Nothing herein pertains to a permanent disability award. G. If an employee has no sick leave accumulated, vacation leave or comp time may be substituted. 13.5 FAMILY MEMBER Authorized uses of sick leave may be utilized as referenced above in this article for immediate family, as defined in Article 1.6. 13.6 SICK LEAVE CASH OUT Employees hired before January 1, 2011, shall receive payment for 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 1,2011, 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 General Services-Teamsters Union Local No.252 and Mason County 2019-2021 Collective Bargaining Agreement Page 30 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-1994 (USERRA) 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' of sick leave maybe 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: spouse, parent, grandparent, brother, sister, child, grandchild, aunt, uncle, cousin, niece, nephew, grandmother-in-law, grandfather-in-law, mother-in-law, father-in-law, sister-in-law, brother-in-law, son-in-law, 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 As appropriate for the type of leave requested, paid leave accruals will be utilized prior to unpaid leave. An employee on leave of absence may be affected by a lay-off in the same manner as if the employee were working. Leave of absence without pay is not creditable towards seniority and seniority related benefits, except as identified above in Article 14.5 for identified legally protected leave such as FMLA and Military. An employee who takes a leave of absence without pay shall have his/her date of hire for seniority purposes adjusted for ther same duration of time as the period of leave without pay. Step increases are based on duration of employment and will be adjusted accordingly. General salary increases are not based upon duration of employment and will not be adjusted in this manner.. The employee's seniority for purposes of vacation accrual, promotion and layoff would be adjusted in the same amount as the duration of the leave without pay. In the unlikely event an employee was granted a leave without pay during his/her probationary period, the probationary period would be extended for the same duration as the leave without pay. 14.7 FAMILY LEAVE—FMLA The County and the Union mutually agree to comply with all state and federal Family Leave laws (FMLA, RCW 49.78). The Employer will grant leave consistent with the FMLA and the adopted conditions and provisions of the state and federal law and are not intended to expand upon the rights thus set forth. If an employee has any questions regarding the State and Federal Family leave laws, they may contact the County's Human Resource Department for guidance 14.8 MATERNITY LEAVE General Services-Teamsters Union Local No.252 and Mason County 2019-2021 Collective Bargaining Agreement Page 31 Consistent with WAC 162-30-020, the Employer will grant a leave of absence for a period of temporary disability because of pregnancy or childbirth. This may be in addition to the leave entitlements of FMLA. This leave provides female employees with the right to a leave of absence equivalent to the disability phase of pregnancy and childbirth. There is no eligibility requirement, however the Employer has no obligation to pay for health insurance benefits while on this leave (unless utilized concurrent with FMLA). Leave for temporary disability due to pregnancy or childbirth will be medically verifiable. There is no limit to the length of the disability phase, except for the right for medical verification and the right of second opinion at the employer's expense. At the end of the disability leave, the employee is entitled to return to the same job or a similar job of at least the same pay as provided by law. Employees must use their accrued vacation and sick leave, if any, during the leave period and, at their election, any accrued comp time, consistent with the retention provision as provided in Article 14.7. Once this paid leave is exhausted, the employee's leave may be switched over to unpaid leave. 14.9 INCLEMENT WEATHER Employee rights and responsibilities during severe weather and emergency or disaster conditions are covered by the current Inclement Weather Policy of the Employer. The goal shall be to continue to provide essential Employer services, consistent with public and employee safety and emergency operations priorities. 14.10 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, towards 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 Washington Teamsters Welfare Trust Medical Plan B (with the $100 per week time loss option) and current County dental, vision, and life insurance plans or other carriers as designated by written notice by the bargaining unit. The County contribution for Health &Welfare Insurance shall be: A. Effective January 1, 2019 the contribution shall be increased to one thousand 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 and 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 and sixty two dollars ($1362) per month during the term of this Agreement for each eligible employee for medical, dental, vision, and life insurance coverage. General Services-Teamsters Union Local No.252 and Mason County 2019-2021 Collective Bargaining Agreement Page 32 In the event the County's maximum monthly contribution is insufficient to provide all of the total Health and Welfare premiums as referenced in Section 1 above, the priority order for full County payment shall be as follows: (1) Life Insurance; (2)Vision; (3) Dental; and (4) Medical. Any monthly premium contribution required above the County's maximum contribution shall be paid by a reduction of the necessary amount from the employee's salary. In the event the Employer is subject to carrier plan design change or a penalty, tax,fine or increased costs as a result of requirements or provisions of the ACA, not within the control of the Employer, the parties agree to meet and negotiate regarding the impacts of any such cost or plan design impacts and immediately bargain alternative provisions. Employee Assistance Program(EAP): The County shall provide an Employee Assistance Program (EAP) benefit for all bargaining unit employees. 15.2 RETIREMENT ANI)TEAMSTERS PENSION Pensions for employees and contributions to pension funds will be governed by the Washington State statutes in relation thereto in existence during the contract period. The COUNTY shall continue to make payments to the Western Conference of Teamsters Pension Trust Fund to the account of each member of this bargaining unit based on monthly computations. Monthly computations are based upon an amount equal to fifty cents ($0.50) per hour for each hour for which compensation is paid to individual employees of the bargaining unit. Payment is 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 bargaining unit. Failure to make all payments herein provided for, within the time specified, shall be a breach of this Agreement. Further, the Employer and Union accept as their representatives for the purpose of such Trust Funds, the present Employer and Union Trustees and their duly elected or appointed successors. ARTICLE 16 -TRAINING 16.1 TRAINING Approval for attendance at training, the hours intended to be compensated and the reimbursement for travel and expenses shall be established by the supervisor prior to the training, consistent with the current policy. 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 General Services-Teamsters Union Local No.252 and Mason County 2019-2021 Collective Bargaining Agreement Page 33 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 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. 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. All on-the-job injuries, no matter how slight, must be reported. Employees must immediately notify their supervisor if they are unable to work because of a work-related injury or illness. 18.2 HEALTH &SAFETY PLAN The Employer shall develop and follow written policies and procedures to deal with on-the-job safety and shall conduct an ongoing site specific safety and security plans in conformance with state and federal laws. Safety equipment; protective gear; appropriate supplies: The County may utilize a `quartermaster system' to supply employees with appropriate safety equipment, protective gear, and other appropriate supplies on an as-needed basis. When such time as any or all of such equipment wears out, the County shall replace such items, free of charge to the employee, so long as it can be shown that the items were no longer functional due to standard `wear and tear and not due to the negligence or intentional misconduct by the employee to damage such equipment items. General Services-Teamsters Union Local No.252 and Mason County 2019-2021 Collective Bargaining Agreement Page 34 18.3 DRUG FREE WORKPLACE The Drug Free Workplace Act of 1988 for federal contractors and grant recipients requires that employers will provide a drug free workplace. This policy strictly prohibits the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in the workplace. Fitness For Duty — If a supervisor or manager reasonably suspects, through observation, that an employee may physically be incapable of performing the essential functions of the job and/or may be under any influence of, or impaired by, a substance, the employee shall be removed from duty immediately and undergo substance testing for the suspected substance. Except in emergency situations, the supervisor or manager shall consult with another supervisor, manager or representative of Human Resources to ensure that adequate grounds for reasonable suspicion exist. The consulted supervisor, manager or representative of Human Resources shall also personally observe the employee before the employee is required to test for the presence of that substance. At this time the employee will also be notified of his or her Weingarten rights. Employees removed from duty under such circumstances who test positive shall be required to meet with the Employer's Substance Abuse Professional (SAP) and shall only be allowed to return to work, if at all, in accordance with the return to work provisions of the Employer's substance abuse policy. 18.4 WORK PLACE VIOLENCE The Employer is committed to employee health and safety. Workplace violence, including threats of violence by or against a County employee, will not be tolerated and should be immediately reported whether or not physical injury occurs. ARTICLE 19 -GRIEVANCE PROCEDURE 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 General Services-Teamsters Union Local No.252 and Mason County 2019-2021 Collective Bargaining Agreement Page 35 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; 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) shall 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 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. General Services-Teamsters Union Local No.252 and Mason County 2019-2021 Collective Bargaining Agreement Page 36 GRIEVANCE ARBITRATION: A hearing shall be scheduled at a date, time and location mutually convenient for all parties. In connection with any arbitration proceeding held pursuant to this Article, it is understood as follows: A. The arbitrator shall have no power to render a decision that will add to, subtract from or alter, change, or modify the terms of this Agreement, and his/her power shall be limited to interpretation or application of the terms of this Agreement, and all other matters shall be excluded from arbitration. B. The decision of the arbitrator shall be final, conclusive and binding upon the Employer, the Union and the employees involved, provided the decision does not involve action by the Employer which is beyond its jurisdiction. C. Each party may call such witnesses as may be necessary in the order in which their testimony is to be heard. Such testimony shall be sworn and shall be limited to the matters set forth in the written statement of the grievance, and shall be subject to cross examination. The arguments of the parties may be supported by oral comment and rebuttal. Either or both parties may submit post hearing briefs within a time mutually agreed upon. Such arguments of the parties, whether oral or written, shall be confined to and directed at the matters set forth in the written statement of the grievance. 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. 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. General Services-Teamsters Union Local No.252 and Mason County 2019-2021 Collective Bargaining Agreement Page 37 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 Except as specifically abridged, granted, delegated or modified by this Agreement, including amendments, the County reserves all customary management prerogatives including, but not limited to the right to: A. Establish, plan for and direct the work force toward the organizational goals of County government. B. Determine the organization and merits, necessity, and level of activity or service provided to the public. C. Determine the County budget and financial policies, including accounting procedures. D. Determine the procedures and standards for hiring, promotion, assignment, transfer, layoff, discipline, and retention. E. Discipline employees forjust 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. General Services-Teamsters Union Local No.252 and Mason County 2019-2021 Collective Bargaining Agreement Page 38 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 provisions herein be rendered or declared invalid by reason of any existing or any subsequently enacted legislation, or by a decree of a court of competent jurisdiction, the invalidation of such part or portion of this Agreement shall not invalidate the remaining portions hereof and they shall remain in full force and effect. In such event, the parties shall meet within thirty (30) days for renegotiation of such invalid provisions for the purpose of adequate and lawful replacement thereof and to preserve the intent of the entire Agreement as negotiated by the parties. ARTICLE 23— ENTIRE AGREEMENT 23.1 DURATION CLAUSE This Agreement shall be in full force and effect from the 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. General Services-Teamsters Union Local No.252 and Mason County 2019-2021 Collective Bargaining Agreement Page 39 SIGNATURES IN WITNESS WHEREOF, the parties hereto have executed this Agreement this day of 2020. TEAMSTERS LOCAL NO. 252 BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Darren L. O'Neil, Secretary-Treasurer Sharon Trask, Chair, District#3 Date Randy Neatherlin, Commissioner, District# Kevin Shutty, Commissioner, District# ATTEST Melissa Drewry, Clerk of the Board Approved as to form: Timothy Whitehead, Chief Deputy Prosecuting Attorney General Services-Teamsters Union Local No.252 and Mason County 2019-2021 Collective Bargaining Agreement Page 40 APPENDIX 1 —2019 WAGE TABLES With 2.00%General Increase Step 1,2 and 3 occur on annual anniversary date in 2019. No step increases to step 4 and 5 until annual anniversary date in 2020 Note: Fi ures are rounded and will vary slightly in MUNIS as Munis calculates out four 4 decimal places. EFFECTIVE: January 1,2019 Step 1 Step 2 Step 3 Step 4 Step 5 JOB TITLE / CLASSIFICATION CLERICAL* $3,384.81 $3,469.43 $3,556.16 CLERICAL SENIOR* $3,645.07 $3,736.20 $3,829.60 $3,925.34 $4,023.47 ADDRESSING TECHNICIAN $3,642.81 $3,733.87 $3,827.22 $3,922.90 $4,020.97 DATA BASE TECHNICIAN $4,199.44 $4,304.42 $4,412.03 $4,522.33 $4,635.39 ACCOUNTING TECHNICIAN $3,939.18 $4,037.65 $4,138.59 $4,242.06 $4,348.11 SENIOR ACCOUNTING TECHNICIAN $4,331.27 $4,439.55 $4,550.54 $4,664.30 $4,780.91 PROGRAM SUPPORT TECHNICIAN $4,762.83 $4,881.90 $5,003.95 $5,129.05 $5,257.28 PERMIT SPECIALIST* $3,714.94 $3,807.82 $3,903.01 $4,000.59 $4,100.60 PERMIT SPECIALIST SENIOR* $4,203.12 $4,308.19 $4,415.90 $4,526.30 $4,639.45 BUILDING INSPECTOR 1 $3,861.39 $3,957.93 $4,056.87 $4,158.30 $4,262.25 BUILDING INSPECTOR II $4,396.63 $4,506.54 $4,619.21 $4,734.69 $4,853.05 BUILDING INSPECTOR 111 $4,887.88 $5,010.08 $5,135.33 $5,263.71 $5,395.30 BUILDING INSPECTOR IV $5,629.32 $5,770.06 $5,914.31 $6,062.17 $6,213.72 BUILDING INSPECTOR V $6,205.09 $6,360.21 $6,519.22 $6,682.20 $6,849.25 CODE ENFORCEMENT OFFICER 1 $4,396.63 $4,506.54 $4,619.21 $4,734.69 $4,853.05 CODE ENFORCEMENT OFFICER II $4,887.88 $5,010.08 $5,135.33 $5,263.71 $5,395.30 CODE ENFORCEMENT OFFICER III $5,629.32 $5,770.06 $5,914.31 $6,062.17 $6,213.72 CODE ENFORCEMENT OFFICER IV $6,205.09 $6,360.21 $6,519.22 $6,682.20 $6,849.25 FIRE MARSHAL $5,584.23 $5,723.83 $5,866.93 $6,013.60 $6,163.94 ENVIRONMENTAL HEALTH SPECIALIST*(**) $3,990.03 $4,195.45 $4,433.36 $4,663.19 $4,923.13 EHS SENIOR*(**) $5,046.21 $5,172.37 $5,301.68 $5,434.22 $5,570.07 PARKS &FACILITIES SCHEDULER $3,594.38 $3,684.24 $3,776.35 $3,870.75 $3,967.52 SOLID WASTE ATTENDANT 1 (**) $2,404.68 $2,555.61 $2,619.48 $2,684.97 $2,752.09 SOLID WASTE ATTENDANT II (**) $3,195.06 $3,345.93 $3,429.58 $3,515.32 $3,603.20 SOLID WASTE ATTENDANT III (**) $3,872.83 $4,065.46 $4,167.10 $4,271.28 $4,378.06 SOLID WASTE ATTENDANT IV(**) $4,252.28 $4,477.45 $4,589.40 $4,704.13 $4,821.74 MAINTENANCE 1 $2,993.82 $3,068.67 $3,145.39 $3,224.02 $3,304.62 MAINTENANCE II $3,765.64 $3,859.78 $3,956.28 _ $4,055.18 $4,156.56 MAINTENANCE III $4,142.22 $4,245.77 $4,351.91 $4,460.71 $4,572.23 MAINTENANCE IV $4,763.58 $4,882.68 $5,004.75 $5,129.86 $5,258.11 CS&W OPERATOR OIC $3,601.35 $3,691.28 $3,783.56 $3,878.15 $3,975.10 CS&W OPERATOR 1 $4,431.25 $4,871.13 $4,992.91 $5,117.73 $5,245.68 CS&W OPERATOR II $4,974.05 $5,475.69 $5,612.58 $5,752.89 $5,896.72 CS&W OPERATOR III $5,569.95 $6,132.26 $6,285.57 $6,442.71 $6,603.77 WATER QUALITY TECHNICIAN $2,954.39 $3,028.25 $3,103.96 $3,181.55 $3,261.09 LABORATORY SPECIALIST $4,162.27 $4,266.33 $4,372.99 $4,482.32 $4,594.37 PLANNER* $4,512.68 $4,625.50 $4,741.14 $4,859.67 $4,981.16 PLANNER SENIOR* $5,143.43 $5,272.01 $5,403.81 $5,538.91 $5,677.38 PLANS EXAMINER $5,629.32 $5,770.06 $5,914.31 $6,062.17 $6,213.72 SEASONAL MAINTENANCE WORKER $13.81 *Upon successful succession to top step,will automatically move to Senior Classification. (**) Includes an additional 3% APPENDIX II — 2020 WAGE TABLES With 1.75% General Increase Advancement from step to step occurs on annual anniversary date. Note: Fi ures are rounded and will vary slithly in MUNIS as Munis calculates out four 4 decimal laces. EFFECTIVE: January 1,2020 Step 1 Step 2 1 Step 3 Step 4 1 Step 5 JOB TITLE / CLASSIFICATION CLERICAL* $3,444.04 $3,530.14 $3,618.40 CLERICAL SENIOR* $3,708.86 $3,801.58 $3,896.62 $3,994.03 $4,093.88 ADDRESSING TECHNICIAN $3,706.56 $3,799.22 $3,894.20 $3,991.55 $4,091.34 DATA BASE TECHNICIAN $4,272.93 $4,379.75 $4,489.24 $4,601.47 $4,716.51 ACCOUNTING TECHNICIAN $4,008.11 $4,108.31 $4,211.02 $4,316.29 $4,424.20 SENIOR ACCOUNTING TECHNICIAN $4,407.06 $4,517.24 $4,630.17 $4,745.93 $4,864.58 PROGRAM SUPPORT TECHNICIAN $4,846.18 $4,967.34 $5,091.52 $5,218.81 $5,349.28 PERMIT SPECIALIST* $3,779.95 $3,874.45 $3,971.31 $4,070.60 $4,172.36 PERMIT SPECIALIST SENIOR* $4,276.67 $4,383.59 $4,493.18 $4,605.51 $4,720.64 BUILDING INSPECTOR 1 $3,928.97 $4,027.19 $4,127.87 $4,231.07 $4,336.84 BUILDING INSPECTOR II $4,473.57 $4,585.41 $4,700.04 $4,817.54 $4,937.98 BUILDING INSPECTOR III $4,973.42 $5,097.75 $5,225.20 $5,355.83 $5,489.72 BUILDING INSPECTOR IV $5,727.83 $5,871.03 $6,017.81 $6,168.26 $6,322.46 BUILDING INSPECTOR V $6,313.68 $6,471.51 $6,633.30 $6,799.13 $6,969.11 CODE ENFORCEMENT OFFICER 1 $4,473.57 $4,585.41 $4,700.04 $4,817.54 $4,937.98 CODE ENFORCEMENT OFFICER II $4,973.42 $5,097.75 $5,225.20 $5,355.83 $5,489.72 CODE ENFORCEMENT OFFICER III $5,727.83 $5,871.03 $6,017.81 $6,168.26 $6,322.46 CODE ENFORCEMENT OFFICER IV $6,313.68 $6,471.51 $6,633.30 $6,799.13 $6,969.11 FIRE MARSHAL $5,681.96 $5,824.00 $5,969.60 $6,118.84 $6,271.81 ENVIRONMENTAL HEALTH SPECIALIST* $4,059.86 $4,268.87 $4,510.95 $4,744.80 $5,009.29 EHS SENIOR* $5,134.52 $5,262.88 $5,394.45 $5,529.32 $5,667.55 PARKS&FACILITIES SCHEDULER $3,657.28 $3,748.71 $3,842.43 $3,938.49 $4,036.96 SOLID WASTE ATTENDANT 1 $2,446.76 $2,600.33 $2,665.32 $2,731.96 $2,800.25 SOLID WASTE ATTENDANT II $3,250.98 $3,404.48 $3,489.60 $3,576.84 $3,666.26 SOLID WASTE ATTENDANT III $3,940.60 $4,136.61 $4,240.02 $4,346.02 $4,454.68 SOLID WASTE ATTENDANT IV $4,326.70 $4,555.80 $4,669.71 $4,786.46 $4,906.12 MAINTENANCE 1 $3,046.21 $3,122.37 $3,200.43 $3,280.44 $3,362.45 MAINTENANCE II $3,831.53 $3,927.33 $4,025.51 $4,126.15 $4,229.30 MAINTENANCE III $4,214.71 $4,320.07 $4,428.07 $4,538.77 $4,652.24 MAINTENANCE IV $4,846.95 $4,968.13 $5,092.33 $5,219.64 $5,350.13 CS&W OPERATOR OIC $3,664.38 $3,755.88 $3,849.77 $3,946.02 $4,044.67 CS&W OPERATOR 1 $4,508.79 $4,956.38 $5,080.29 $5,207.29 $5,337.48 CS&W OPERATOR II $5,061.10 $5,571.51 $5,710.80 $5,853.57 $5,999.91 CS&W OPERATOR III $5,667.43 $6,239.57 $6,395.56 $6,555.45 $6,719.34 WATER QUALITY TECHNICIAN $3,006.09 $3,081.24 $3,158.27 $3,237.23 $3,318.16 LABORATORY SPECIALIST $4,235.11 $4,340.99 $4,449.52 $4,560.76 $4,674.78 PLANNER* $4,591.66 $4,706.45 $4,824.11 $4,944.71 $5,068.33 PLANNER SENIOR* $5,233.44 $5,364.27 $5,498.38 $5,635.84 $5,776.74 PLANS EXAMINER $5,727.83 $5,871.03 $6,017.81 $6,168.26 $6,322.46 SEASONAL MAINTENANCE WORKER $14.06 *Upon successful succession to top step,will automatically move to Senior Classification. APPENDIX III —2021 WAGE TABLES General Services-Teamsters Union Local No.252 and Mason County 2019-2021 Collective Bargaining Agreement Page 42 With 1.50% General Increase Advancement from step to step occurs on annual anniversary date. Note: Figures are rounded and will vary slithly in MUNIS as Munis calculates out four 4 decimal elaces. EFFECTIVE: January 1,2021 Step 1 1 Step 2 1 Step 3 Step 4 1 Step 5 JOB TITLE I CLASSIFICATION CLERICAL* $3,495.70 $3,583.10 $3,672.67 CLERICAL SENIOR* $3,764.49 $3,858.60 $3,955.07 $4,053.94 $4,155.29 ADDRESSING TECHNICIAN $3,762.16 $3,856.20 $3,952.61 $4,051.42 $4,162.71 DATA BASE TECHNICIAN $4,337.03 $4,445.44 $4,556.58 $4,670.49 $4,787.26 ACCOUNTING TECHNICIAN $4,068.24 $4,169.93 $4,274.18 $4,381.04 $4,490.56 SENIOR ACCOUNTING TECHNICIAN $4,473.17 $4,585.00 $4,699.63 $4,817.12 $4,937.54 PROGRAM SUPPORT TECHNICIAN $4,918.87 $5,041.85 $5,167.89 $5,297.09 $5,429.52 PERMIT SPECIALIST* $3,836.65 $3,932.57 $4,030.88 $4,131.66 $4,234.95 PERMIT SPECIALIST SENIOR* $4,340.82 $4,449.34 $4,560.57 $4,674.59 $4,791.45 BUILDING INSPECTOR 1 $3,987.90 $4,087.60 $4,189.79 $4,294.53 $4,401.90 BUILDING INSPECTOR 11 $4,540.67 $4,654.19 $4,770.54 $4,889.81 $5,012.05 BUILDING INSPECTOR III $5,048.02 $5,174.22 $5,303.57 $5,436.16 $5,572.07 BUILDING INSPECTOR IV $5,813.75 $5,959.10 $6,108.08 $6,260.78 $6,417.30 BUILDING INSPECTOR V $6,408.38 $6,568.59 $6,732.80 $6,901.12 $7,073.65 CODE ENFORCEMENT OFFICER 1 $4,540.67 $4,654.19 $4,770.54 $4,889.81 $5,012.05 CODE ENFORCEMENT OFFICER 11 $5,048.02 $5,174.22 $5,303.57 $5,436.16 $5,572.07 CODE ENFORCEMENT OFFICER III $5,813.75 $5,959.10 $6,108.08 $6,260.78 $6,417.30 CODE ENFORCEMENT OFFICER IV $6,408.38 $6,568.59 $6,732.80 $6,901.12 $7,073.65 FIRE MARSHAL $5,767.19 $5,911.36 $6,059.14 $6,210.62 $6,365.89 ENVIRONMENTAL HEALTH SPECIALIST* $4,120.76 $4,332.90 $4,578.61 $4,815.97 $5,084.43 EHS SENIOR* $5,211.54 $5,341.83 $5,475.37 $5,612.26 $5,752.56 PARKS&FACILITIES SCHEDULER $3,712.14 $3,804.94 $3,900.07 $3,997.57 $4,097.51 SOLID WASTE ATTENDANT 1 $2,483.46 $2,639.33 $2,705.30 $2,772.94 $2,842.26 SOLID WASTE ATTENDANT II $3,299.74 $3,455.55 $3,541.94 $3,630.49 $3,721.25 SOLID WASTE ATTENDANT III $3,999.71 $4,198.66 $4,303.62 $4,411.22 $4,521.50 SOLID WASTE ATTENDANT IV $4,391.60 $4,624.14 $4,739.76 $4,858.25 $4,979.71 MAINTENANCE 1 $3,091.91 $3,169.21 $3,248.44 $3,329.65 $3,412.89 MAINTENANCE II $3,889.01 $3,986.24 $4,085.89 $4,188.04 $4,292.74 MAINTENANCE III $4,277.93 $4,384.87 $4,494.49 $4,606.86 $4,722.03 MAINTENANCE IV $4,919.65 $5,042.65 $5,168.71 $5,297.93 $5,430.38 CS&W OPERATOR OIC $3,719.34 $3,812.21 $3,907.52 $4,005.21 $4,105.34 CS&W OPERATOR I $4,576.43 $5,030.72 $5,156.49 $5,285.40 $5,417.54 CS&W OPERATOR 11 $5,137.01 $5,655.08 $5,796.46 $5,941.37 $6,089.91 CS&W OPERATOR III $5,752.44 $6,333.17 $6,491.50 $6,653.79 $6,820.13 WATER QUALITY TECHNICIAN $3,051.18 $3,127.46 $3,205.65 $3,285.79 $3,367.93 LABORATORY SPECIALIST $4,298.64 $4,406.11 $4,516.26 $4,629.17 $4,744.90 PLANNER* $4,660.53 $4,777.04 $4,896.47 $5,018.88 $5,144.35 PLANNER SENIOR* $5,311.94 $5,444.74 $5,580.86 $5,720.38 $5,863.39 PLANS EXAMINER $5,813.75 $5,959.10 $6,108.08 $6,260.78 $6,417.30 SEASONAL MAINTENANCE WORKER $14.27 *Upon successful succession to top step,will automatically move to Senior Classification. General Services-Teamsters Union Local No.252 and Mason County 2019-2021 Collective Bargaining Agreement Page 43 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Frank Pinter DEPARTMENT: Support Services EXT: 530 BRIEFING DATE: August 3, 2020 PREVIOUS BRIEFING DATES: June 15, 22, July 20, 2020 ITEM: CARES Act Funding - Coronavirus Relief Funds - CRF EXECUTIVE SUMMARY: The County has received from the Washington State Department of Commerce through a grant from the US Department of the Treasury - $3,821,400 for financial assistance in addressing the COVID-19 pandemic. The funds must be spent by October 31, 2020 and are final requests for reimbursements must be made no later than November 15, 2020. The funds intended use are as follows: Are necessary expenditures incurred due to the public health emergency Are NOT accounted for in the budget most recently approved as of March 27, 2020 Are not to be used to fill shortfalls in government revenues Can be used for construction and renovation if it meets Federal Section 106 review, entered States LEED certification process and follows Federal Davis Bacon and state prevailing wage laws, rules and regulations Eligible Costs are: Medical Expenses Public Health Expenses Payroll Expenses Expenses of Actions to facilitate compliance with COVID-19 related public health measures Expenses associated with the provision of economic support Any other COVID-19 related expenses Eligible cost test: The expense is connected to the COVID-19 emergency The expense is"necessary" The expense is not filling a short fall in government revenues The expense is not funded thru another budget line item The expense wouldn't exist without COVID-19 OR would be for a "substantially different" purpose Current CRF Funding proposals Pease see Attached Spreadsheet $767K Balance Available to fund other projects including economic assistance to local businesses BUDGET IMPACTS: Potential impact to amount recovered if disallowed expenses are incurred. RECOMMENDED OR REQUESTED ACTION: Put forward a plan of action to allow staff to proceed with programs to come in front of the BOCC. ATTACHMENTS: PUD 3 request and letter, CRF Proposed Distribution Allocation aso x UN 7` PUBLIC UTILITY DISTRICT NO. I BOARD OF COMMISSIONERS OF MASON COUNTY MIKE SHEETZ,Commissioner - N.21971 Hwy. 101 JACK JANDA,Commissioner s. Shelton,Washington 98584 RON GOLD,Commissioner July 27, 2020 Mason County BOCC c/o: Frank Pinter 411 N. 5th St. Shelton, WA 98584 Dear Mr. Pinter and Commissioners, Thank you for the opportunity to submit a request for the CARES Act funds that Mason County received to assist our county's residents and businesses. In March of this year, PUD 1 took immediate action to protect our employees and the public we serve: • We closed our campus to the public and increased our phone and online services • We implemented a COVID supplemental leave plan that enabled our employees to prioritize their own health and that,of their coworkers, without worrying about income security • We moved our employees to remote work and split shifts to protect our essential workforce • We suspended all utility disconnections and late fees; and • We delayed our electric rate increase that was budgeted for 2020 We took all these actions voluntarily and prior to any mandates from the Governor's office. We know who we work for. It is our job to help support our customer-owners in good times and in bad. Our actions were necessary and impactful for our community, but not without a significant impact to the PUD's operating budget. Since March, we have waived $9,995 in late fees, we have lost revenue of$172,083 that we will not recapture, and we have 140 accounts in arrears for a total of$64,018. $35,872 is 90 or more days past due. Thanks to sharp cuts to our operating budget, we have been able to avoid furloughs to date and have kept essential utility services running. The Governor's proclamation has prohibited us from being able to disconnect any customers, even those who are able to pay and simply choose not to, or those who know they will be evicted after the proclamations are lifted and they have no intention of bringing their accounts current. While we applaud the Governor's efforts to help keep people housed and in power, his proclamations are also creating a disservice to unemployed households who are getting so far behind on their utility payments that they won't be able to recover. As a small, not-for-profit agency, we run on very narrow operating margins and have limited reserves. We still must pay our monthly power bill to Bonneville Power Administration even though our customers are not currently obligated to pay theirs. We still have to make payroll to keep our line workers, water technicians and admin staff here and in the field to keep the lights on and water flowing. (360)877-5249 0 (800)544-4223 [1 FAX(360)877-9274 www.mason-pudl.org asov cvurrrtF PUBLIC UTILITY DISTRICT NO. 1 BOARD OF COMMISSIONERS OF MASON COUNTY MIKE SHEETZ,Commissioner N.21971 Hwy. 101 JACK JANDA,Commissioner 'a Shelton,Washington 98584 RON GOLD,Commissioner Our customer service team has done a fantastic job of connecting our customers with assistance programs, such as LIHEAP. Every single customer who contacts the PUD for assistance and arrangements has been given a long-term extension and will not be subject to disconnection when the proclamation expires. As a public agency, we are not able to forgive debt or gift public funds, but we can absolutely work with our customers. We actually offer payment arrangements year-round, not just during COVID. PUD 1 would like to request $49,451.41 in CARES Act funding to assist 102 Mason County households with their past due accounts. We have carefully combed through the delinquent accounts list and have omitted customer balances that were carried on the books prior to March, when the shutdown occurred. We also omitted the accounts located in Jefferson County. We are reaching out to Jefferson County to see if there is a way for us to partner to help those customers in need as well. The funding we seek from the CARES Act appropriations will be applied as immediate direct assistance to Mason County families who need help to stay afloat and housed. These funds will not only offset the burden of their utility debt, but it will also help support the continued operations of their public utility district. Please feel free to reach out to me or to Katie Arnold, our District Treasurer, with any questions. We appreciate that there is a much greater need than there are resources, and that you have difficult decisions before you. We feel our direct assistance proposal is a very impactful way to put the monies to their intended beneficial use. Thank you again for your consideration. Respectfully, 14 K istin MasteHer General Manager (360)877-5249 (800)544-4223 FAX(360)877-9274 www.mason-pudl.org Mason PUD 3 WiFi Hotspots COVID Response 94,t rir 407256 �> ,SANDHILL BALLFIELR .,, , w'���� `,,,„�07i�92s.�,. �_` 5f 12f 2020 ____ --� z..• _� 407258 COLLINS LAKE FIRE STATEION 2,793.46 5/7/2020 4Q7259. 'T. MCFD 11 151AND L/aKE3,363 09 5/6f 2020 ,. •• sy,., ' r .,., 407260 LATIMER'S LANDING 7,197.53 5/13/2020 77=- 40726i MASON LAKE"COUNTY?ARKS,"v,'"F5 ,.11,412 22 ,,k 6f4/2020 407262 SKOOKUM HALL 3,871.92 5/5/2020 407265 PUBLIC WIFI;EQUIPMENTPURCHASES 3x ""• , 41,84761,, ., Cost of,Equipment yetto beaIlocatetl.,Yo WIFI Work OrcJ r,• ,_, , 407266 TRAILS END COMMUNITY CLUB 7,693.12 6/2/2020 407267 ; RD f SR106,-,HOOD CANALSpUTH"SHORE ' 4;715z27t,, 6/2/2020 _ 3777777 "9 ,' <. 407268 SOUTH SIDE SCHOOL 6,122.05 5/7/2020 I?ORT-OFFALLYN PARK'WW° - 6,249:00 5/19f 2020 ,." 407270 MARY M KNIGHT SD 6,085.19 5/6/2020 a 7, 77777777i �. . - 407278 LAKE ARROWHEAD COMMUNITY CLUB 24,643.30 6/8/2020 -- -, r EVERGREEN.SC P,KING-LOT,,,DT SHELTON, ,,,4b7279 407280 MCFD 3-GRAPEVIEW LOOP ROAD 3,241.02 _ 5/11/2020 4072$4, PIONEER SCHOOL DISTRICT; _ 7;10895, 111 k II ,. .. 407285 BAYSHORE PRESERVE 6,502.38 5/28/2020 d. tie.in_stalleih€n Au"ust-2020 7 DEWATTO,&TAHUYA_FIRE�STATfON , , ,� ,106,98608 .,. ',, ed;on esClmate,iVlalor lineextension,neede",, To,•, ,,g �3�. , , <. 407290 STAR LAKE COMMUNITY CLUB INC 3,662.32 6/8/2020 407405 HOOD CANAL SCHOOL DISTRICT 151.24 5/28/2020 s 407516••• SOUT_HMASON SOCCER:PARK, 7f20f2020 „`s, �... ., `. 407612 SHELTON HIGH SCHOOL 1,332.84 6/26/2020 k" x ,� n` 'i T be' 'tailed>week o€Jul 27 y . 407719���v• ";EUERGREEN�&,BORDEAUX SCHOOLS, ,����„r.FF;� �F ,�1,488Y>24, x��Based o est mate...,o in y ,�� " .;�",_.,., � rt� 407727 SCHAFER STATE PARK 1,353.33 7/21/2020 Total 285,026.78 **Cost includes only material and direct AP purchases. J C:\Users\dlz.MASON\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\X148NAGT\WIFI Hotspots Locations Cost Estimates.xlsx FREE PUBLIC Wi-Fi Mason PUD 3 has joined with our community partners to make sure every student in Mason County has a safe place where they can use a FREE high-speed Wi-Fi hotspot to access classwork, download assignments, and communicate with their teacher. PUD 3 teamed up with fire districts, port districts, community halls, Mason County parks, and others to ¢ � use PUD 3 fiber optic equipment at these locations to 7� k set up wireless hotspots.The sites are all over Mason Q. County,from the Tahuya Peninsula to Matlock, and many places in between. Find a map of the locations here:www.pud3.org/wifi. The program is part of PUD 3's response to the coronavirus emergency.The Drive-In Wi-Fi initiative gives those without high-speed internet in their homes w a chance to connect while practicing appropriate social distancing. While the hotspots were deployed to support distance learning for our local school districts, "F citizens who need high-speed internet access may also use the Wi-Fi.These Public Wi-Fi access locations will remain in place long after we have recovered from �.' COVID-19. This project does not replace the great need for providing reliable highspeed broadband services to every home and business in Mason County. Fast Facts about the hotspot usage over the past several months reinforces the great demand for continued fiber-to-the-premise deployment: • Total Unique Users: 4,000 Unique Users • Total Data Passed: 3.17 TB • Peak Traffic Times: 4:00 PM—7:00 PM • Length of Average Connection: 5m 58s • Lifetime Sessions: 61,000 • Total Active Wi-Fi Locations: 23 installed out of 27 planned;new locations recently added. • Wi-Fi Speeds: 300/300 Mbps near the Wireless Access Point. • Wi-Fi Range: Approximately 300'from Wireless Access Point. • Location List/Map: www.pud3.org/wifi 1 4 400 407256„ .. .SQNDHILL BALL FIELD„,, „,. ,� 6,707.92- 5/12/2020 ° . _ 4072588 COLLINS LAKE FIRE STATEION 2,793.46 5/7/2020 407259 MCFD,11-ISLAND LAKE `.3,36309 ;:5`6 2020 ;;., /. E 407260 LATIMER'S LANDING 7,197.53 5/13/2020 407,261'. IVIASUN LAKE COUNTY PARK.''. 11;412.22 6/4/2026 407262 SKOOKUM HALL 3,871.92 5/5/2020 407265 r 41,847.61: .Cost of Eg6ipmentyet,to be allocated to WIFI Wog PUBLIC.WIFkEQUIPMENT PURCHASES; :- rk Order,„ 407266 TRAILS END COMMUNITY CLUB 7,693.12 6/2/2020 407267 " TRAILSRDSR106 .HOOD CANAL SOUTH$NORE ,- ;; ; '.4,715.27,. „ 6/2%2020 407 268 SOUTH SIDE SCHOOL 6,122.05 5/7/2020 407269 -- .,, ,PORTTO,F-ALLYN PARK° : z6,249.00 `5/19/2020 . 407270 MARY M KNIGHT SD 6,085.19 5/6/2020 „. �77 407277 CMFE STATION 5 11;<HARSTINE ISLAND_ 3,978`22a 5/6/2020 , _. , 407278 LAKE ARROWHEAD COMMUNITY CLUB 24,643.30 6/8/2020 407279, "`; EVERGREEN'$Q PKING LOT„`DT SHELTON '13;744.18 5/28/2020_ ;; 407280 MCFD 3-GRAPEVIEW LOOP ROAD 3,241.02 5/11/2020 v_ 40,7284,.E "PIQ,NEERSCHOOL:DISTRICTti;=' '' ., �7,10895 5/13/2020.,. 407285 BAYSHORE PRESERVE 6,502.38 5/28/2020 407288`: ,PORt:OF DEINATTO ktAHQYA FIRE STATION; . 306 986.08 �Bas'ed bn estimate..Ma•or line extension needed:To be,installedI n Au ust 2020., _. . 1_. _. ,.-. . _ g. .. _.- 407290 STAR LAKE COMMUNITY CLUB INC 3,662.32 6/8/2020 407,293 F .;MATLOGK,GRANGE x', 1,220.72 5/13/2020,° k 407405 HOOD CANAL SCHOOL DISTRICT 151.24 5/28/2020 407516 „SOUTH MA50N'SOCCER`PARK° . 1,555:58 7/20/2020 x > , 407612 SHELTON HIGH SCHOOL 1,332.84 6/26/2020 777 EVERGREEN&BORDEAUX SCHOOLS 1,488.24 Based on'estimate,To be installed week of July 27`: 407727 SCHAFER STATE PARK 1,353.33 7/21/2020 Total 285,026.78 **Cost includes only material and direct AP purchases. Coronavirus Relief Fund Proposed Distribution Allocation Fed/ Reimbursement Famlles State Advance Payment from Amount CARES Elibigle Cost Group Requestor From FEMA GF REET1 First Grants ACC CARES Fund Description .,.,25D. Rent far Bldg 10.to Courts for'.1uryTrial .Courts CARES Act m •<250 °General Fundµ Rental Cost of Bldg 10 to SuperiorCourt Assistance to Utilities$100 to$pOK '''=,Utilities �, Gp„_ `� _, ti•I D Genera Fun - CRP assistance to local Utilites to assist residential customers ,30 250 Public Healt :(Fund 150 CARES Act �_<s,�'� -250,'Public.Health Fund a Contact Tracm Subcontract _ _ ..._ .......G..«ate. �.�............. - ..........._.�..m>........ -.P......Measures with COVID PH ,...�....,.......,.. _..._.....,.�.. 2,754 Facilitate Complance tee. p ures Courts GREET 1 1,677 1,077 REET 1 Bldg 10 TI CARES for oversized Superior and District Courtrooms 583 Payroll$582-$428 recoverable County FEMA/GF/FF 413 155 15 General/Special Funds Salaries already paid/COVID-19 related 345 COVID Related YTD Expenses County ALL Departments 259 42 1 43 General/Special Funds Expenditures thru 7/25/20 for COVID-19 Mitigation 80 Public Health/Medical County FEMA/CARES Act 60 30 10 General/Special Funds Add'I Expenditures beyond 7/25/20 for COVID-19 Mitigation 160 Facilitate Complance with COVID PH Measures IT Fund CARES Act 160 General Fund Teleworking laptops 50 Facilitate Complance with COVID PH Measures IT Fund CARES Act 50 General Fund Telework Network upgrade 12 Facilitate Complance with COVID PH Measures IT Fund CARES Act 12 General Fund Telework Server 5 Facilitate Complance with COVID PH Measures IT Fund CARES Act 5 General Fund Zoom Network 10 Facilitate Complance with COVID PH Measures FEET 1 CARES Act 10 REET 1 Bldg 10 Network for Oversized Courts expansion 25 Payroll ITFund CARES Act 25 General Fund IT Staff to Implement Telework improvements 25 Public Health REET 1 CARES Act 25 REET 1 Bldg 1 Automatic Sliding Doors for no contact entry 50 Medical General Fund FEMA/GF 38 6 6 General Fund Additional Supplies,masks,cleaning 50 Medical General Fund FEMA/GF 38 6 6 General Fund Additional Supplies for COVID preparedness 225 Public Health General Fund CARES Act 225 General Fund Courthouse Scanners—touchless screening 275 Public Health General Fund CARES Act 275 General Fund Body Scanner in the Jail—touchless screening 70 Facilitate Complance with COVID PH Measures Courts AOC 70 General Fund JAVS and other items needed far Oversized Superior Courtrooms 50 Facilitate Complance with COVID PH Measures Courts AOC 50 General Fund JAVS and other items needed for Oversized District Courtrooms 300 Economic Support General Fund CARES Act 300 General Fund Expenses for Economic Support 25 Payroll General Fund CARES Act 25 GeneralFund EDC for staff assistance during COVID 807 155 1,677 15 65 121 3,055 Total 2,233 3,821 Funds Available 556 IM67 Difference Still Available to Distribute 300 Facilitate Complance with COVID PH Measures Courts REET 1 REET 1 Bldg SO Roof for oversized Superior and District Courtrooms 377 Facilitate Complance with COVID PH Measures Courts REET 1 REET 1 Bldg 10 Seismic for oversized Superior and District Courtrooms 1,000 Facilitate Complance with COVID PH Measures Courts REET 1 REET 1 Bldg SO TI REET 1 for oversized Superior and District Courtrooms 1,677 REET 1 Funded 1,077 Facilitate Complance with COVID PH Measures Courts CARES Act CARES Act Bldg SO TI CARES for oversized Superior and District Courtrooms 2,754 Total Oversized Court Rooms PUD 3 Request 58 Public Health PUD 3 CARES Act 58 General Fund Disinfecting Public Areas 310 Facilitate Complance with COVID PH Measures PUD 3 CARES Act 310 General Fund Distance Learning tied to school closing(WiFi Hotspots) 860 Facilitate Complance with COVID PH Measures PUD 3 CARES Act 860 General Fund Telework capabilities of public employees 325 Facilitate Complance with COVID PH Measures PUD 3 CARES Act 325 General Fund other(add'I vehicles to allow for social distaning) 347 Economic Support PUD 3 CARES Act 347 General Fund Economic Support Residential Customers 63 Economic Support PUD3 CARES Act 63 General Fund Economic Support Commercial Customers 1,963