HomeMy WebLinkAbout2021/01/04 - Briefing Packet MASON COUNTY COMMISSIONER BRIEFING INFORMATION FOR WEEK OF
JANUARY 4, 2021
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.
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1854
Pursuant to Proclamation by the Governor 20-28.14, in-person attendance to
Commission meetings is temporarily restricted.
Our Commission meetings are live streamed at http://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 9SS84
Week-of January 4, 2021
Monday - Friday
8:00 A.M. COVID-19 Coordinators Briefing*
Public Works Meeting Room A
100 Public Works Way
Noon WA State Association of Counties Zoom Meeting*
Coronavirus Relief Funding
*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
Monday, January 4, 2021
Commission Chambers
Times are subject to change depending on the amount of business presented
9:00 A.M. Superior Court—Judge Goodell
9:10 A.M. Support Services — Frank Pinter
9:45 A.M. Public Works — Loretta Swanson
Utilities &Waste Management
10:00 A.M. Community Services — Dave Windom
10:15 A.M. Coroner—Wes Stockwell
Commissioner Discussion — as needed
Briefing Agendas are subject to change,please contact the Commissioners'office for the most recent version.
Last printed 12/30/20 at 1:22 PM
If special accommodations are needed,contact the Commissioners'office at ext.419,Shelton#360-427-9670;Belfair
#275-4467,Elma#482-5269.
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Daniel Goodell, Presiding ]udge
Amber Finlay, )udge
Monty Cobb 3ud e
DEPARTMENT: Superior Court EXT: 206
BRIEFING DATE: 7anuary 4, 2021
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: ' 2021 Court Commissioner Professional Services Agreement
Background: Since 2001, the BOCC and Superior Court have entered into an annual court
commissioner contract. The contract was with Richard Adamson until 2010 and has been
with Robert Sauerlender since 2011. In 2012, the BOCC agreed to set the salary at 75% of
a Superior Court Judge's salary, which is set by the Washington Citizens' Commission on
Salaries for Elected Official; and in 2016, the BOCC agreed to increase the salary to 85% of
a Superior Court Judge's salary.
The proposed 2021 contract with Robert Sauerlender is for 37 hours per week (.925 FTE)
with a salary of$156,994.56 or as increased by the Washington Citizens' Commission on
Salaries in July. The compensation will be split between the Superior Court budget (.6.25
FTE), and the Therapeutic Courts budget (.3 FTE). Additional work over .925 FTE will be
paid at the hourly rate.
EXECUTIVE SUMMARY:
BUDGET IMPACT: The above amount is included in the Superior Court and Therapeutic
Courts 2021 budgets.
PUBLIC OUTREACH: N/A
RECOMMENDED OR REQUESTED ACTION: Place on the action agenda to approve and
sign the 2021 Court Commissioner Professional Services Agreement.
ATTACHMENTS: Copy of Agreement
cc: Tim Whitehead, Chief Deputy Prosecuting Attorney
COURT COMMISSIONER
PROFESSIONAL SERVICES AGREEMENT
This agreement is between Robert D. Sauerlender
(Commissioner) , and Mason County Superior Court (Court) and
Mason County (County) .
The parties to this agreement, in consideration of the
terms and conditions set out below, agree as follows :
Section One - Appointment of Commissioner
Pursuant to RCW 2 . 24 . 010, the Court hereby appoints Robert
D. Sauerlender as Court Commissioner for a term beginning
January 1, 2021 and ending December 31, 2021, and he hereby
accepts such appointment and agrees to act as Court Commissioner
pursuant to the terms and conditions set forth herein.
Section Two - Responsibilities and Duties of Commissioner
1 . Pursuant to RCW 2 . 24 . 020, Commissioner shall,, before
entering upon the duties of such office, take and subscribe an
oath to support the Constitution of the United States, the
Constitution of the State of Washington, and to perform the
duties of such office fairly and impartially and to the best of
his or her ability.
2 . Commissioner shall perform his or her duties under the
direction of, and in accordance with the policies, procedures
and timelines established by the Court .
3 . Commissioner' s work schedule shall be 37 hours per
week ( . 925 FTE) , Monday through Friday during the hours of 8 : 00
a.m. to 5: 00 p.m. , or as otherwise scheduled.
4 . Commissioner shall regularly preside over court
dockets including but not limited to:
Therapeutic Courts
Involuntary Treatment Court
Probate/Guardianship
Domestic Relations
Domestic Violence and Anti-harassment
Ex parte
COURT COMMISSIONER PROFESSIONAL SERVICES AGREEMENT - 1
5 . During the hours established by the work schedule
herein, Commissioner may also be required to perform other
duties, such as, (1) hear and decide civil, domestic, probate,
juvenile and/or adult criminal matters authorized by LCrR 4 . 2;
(2) review requests for temporary orders in domestic violence
petitions and other ex parte order requests; and (3) other
matters as arranged by the Court .
6. Commissioner has successfully completed the Washington
Judicial College and shall comply with Continuing Judicial
Education requirements as set out in GR 26.
Section Three - Compensation
Pursuant to RCW 2 . 24 . 030, County agrees to pay Commissioner
for the work set out in the schedule herein a salary at the rate
of 850 of the salary of a Superior Court Judge for . 925 FTE as
follows : $13, 082 . 88 per month ($81 . 61 per hour) for a total
annual salary of $156, 994 . 56 or more as established by the
Washington Citizens' Commission on Salaries for Elected
Officials . Any work performed over and above the schedule set
forth herein shall be compensated at the hourly rate.
Section Four - Benefits/Deductions
Commissioner shall be eligible for all benefits available
to Mason County employees within Chapters 6 and 7 of the Mason
County Personnel Policies . Commissioner shall receive the same
insurance premium contribution as regular full-time employees .
Deductions by County from Commissioner' s pay will include
applicable taxes, an amount equal to an employee' s contribution
for applicable benefits and other deductions required by federal
and state law.
Section Five - Integration Clause
This agreement embodies the whole agreement between the
parties . This agreement shall supersede all previous
communications, representations or agreements, either verbal or
written, between the parties .
Section Six - Written Modification as Necessary
There may be no modification of this agreement, except in
writing, executed with the same formalities as this instrument.
COURT COMMISSIONER PROFESSIONAL SERVICES AGREEMENT - 2
Section Seven - Termination
This agreement shall terminate immediately should
Commissioner not be in good standing with the Washington State
Bar Association. Additionally, Court or Commissioner may
terminate this agreement for any reason upon thirty (30) days
written notice delivered to the other party. Actual delivery by
Commissioner of a written notice to terminate to the Presiding
Judge will constitute notice.
Signed this day of Signed this day of
January, 2021 : January, 2021 :
MASON COUNTY SUPERIOR COURT BOARD OF COUNTY COMMISSIONERS
AMBER L. FINLAY, Judge RANDY NEATHERLIN
Commissioner District 1
DANIEL L. GOODELL, Judge KEVIN SHUTTY
Commissioner District 2
MONTY D. COBB, Judge SHARON TRASK
Commissioner District 3
Signed this day of
January, 2021 :
ROBERT D. SAUERLENDER
Approved as to form:
MASON COUNTY PROSECUTOR' S OFFICE
By
COURT COMMISSIONER PROFESSIONAL SERVICES AGREEMENT - 3
ACKNOWLEDGEMENT
I, Robert D. Sauerlender, acknowledge receipt of a copy of
Mason County' s Non-Discrimination and Harassment Policy (chapter
12 of the Personnel Policies) . I shall abide by this policy and
that of state and federal laws that preclude discrimination on
the basis of a person' s race, color, creed, religion, national
origin, ethnicity, age, sex, marital status, veteran' s status,
sexual orientation, or disability (known or perceived) .
Signed: Date:
ROBERT D. SAUERLENDER
COURT COMMISSIONER PROFESSIONAL SERVICES AGREEMENT - 4
Mason County Support Services Department Budget Management
Co
th Commissioner Administration
411 North 5 Street
Emergency Management
�` Shelton, WA 98584 Facilities, Parks&Trails
360.427.9670 ext. 419 Human Resources
Information Services
Labor Relations
txt Risk Management
MASON COUNTY COMMISSIONER BRIEFING ITEMS FROM SUPPORT SERVICES
January 4, 2021
• Specific Items for Review
0 2021 Committee Assignments for Commissioners- Diane
o Schedule Bid4Assets on-line auction for Tax Title parcels—Diane
o MTA appointment of elected official position. One application received from Cynthia Brehmeyer;
ok to appoint on January 19 agenda?—Diane
o Concurrence with Grays Harbor County appointment to Timberland Regional Library- Diane
o Drug&Alcohol Policy and Procedures—Dawn
o Resolution to delete Fund 116 Historical Preservation—Jenn
o Contract with North Mason Resources for the poor& infirmed/veteran services-Jenn
o COVID temporary prisoner DOC housing agreement with Mason County Jail. Request to place on
January 5 agenda - Frank
o Request to sign easement modification agreement, parcel 42012 56 00007 &42012 56 00012 (tax
title parcel) - Frank
o Disbursement of proceeds for sale of two parcels on Lake Boulevard —Frank
o Public Defenders Collective Bargaining Agreement- Frank
• Commissioner Discussion
J:\DLZ\Briefmg Items\2021\2021-01-04.docx
BOARDS, COUNCILS,AND COMMISSIONS 2020
The County Commissioners represent Mason County by serving on a variety of boards,councils,and commissions as noted below.
Randy Neatherlin (Commissioner District#1)
Board of County Commissioners,Vice-Chair
Economic Development Council Board (Meets 2nd Thursday of each month;7:45-9:00 am at PUD auditorium-426-2276)
North Mason Chamber of Commerce Board of Directors
Mason County Audit Committee(Established by Resolution 77-16)
Mason County Law Enforcement Officers/Fire Fighters(LEOFF) Board (meet 1st Tuesday,8 a.m.in Commission Chambers)
Mason County Voting Accessibility Advisory Committee (VAAC) (meets when necessary)RCW 29A.46.260(2)
Olympic Region Clean Air Agency(ORCAA)—Member(Meets 2nd Wednesday of each month from 10-12 noon approx.)
Address: 2940B Limited Lane NW Olympia 586-1044)
Peninsula Regional Transportation Planning Organization (PRTPO)
Shelton Memorial Park Board of Directors—(Cemetery) (meet as necessary)
Washington Counties Risk Pool—Board of Directors Member
West Sound Alliance Steering Committee—Pamela Browning is contact,360-377-4900
Kevin Shutty(Commissioner District#2)
Alliance for a Healthy South Sound (AHSS) Executive Committee — (Andy Chinn is contact, 206-550-5568, meet as necessary.
Website is Healthysouthsound.com)
Criminal Justice Working Team (meets 3rd Wednesday,7:30 a.m.in Commission Chambers)
MACECOM (meet 2nd Tuesday,3 p.m.@ City of Shelton)
Olympic Region Clean Air Agency (ORCAA) -Alternate Member(Meets 2nd Wednesday of each month from 10-12 noon approx Address: 2940B
Limited Lane NW Olympia 586-1044) '•
Peninsula Regional Transportation Planning Organization (PRTPO)-Alternate
Thurston Mason Behavioral Health Organization (TMBHO) (Meet 3rd Thursday,1 p.m.,Thurston Cnty Courthouse)
Washington Counties Risk Pool—Board of Directors Alternate Member
Building Code Council (SBCC)-Member, Appointed by Governor Jay Inslee(2018-2021)
Sharon Trask(Commissioner District#3)
Board of County Commissioners, Chair
Mason County Law Library
Mason County Finance Committee
Canvassing Board
Community Action Council Board of Directors (Meet at 420 Golf club Rd SE,Lacey)
Courthouse Security Committee
Lewis-Mason-Thurston Area Agency on Aging Council of Governments (COG) (Meets a Thursday of each
month at 2 p.m.Address: 2404 Heritage Court SW,Suite A(first floor),Olympia,WA 98502
Mason County Lodging Tax Advisory Committee—Chair(meets when necessary)
Memorial Hall Committee-Chair(meets last Wednesday every other month)
Oakland Bay Clean Water Committee
Pacific Mountain Workforce Development Council (PacMtn)
WSAC Legislative Steering Committee (LSC)
Washington Counties Risk Pool—Board of Directors Alternate
WA Association of Counties Board of Directors(WSAC)
ALL COMMISSIONERS
Mason County Commissioners
Mason County Board of Health
Mason Transit Authority
Mason County Elections Canvassing Board
Hood Canal Coordinating Council (All Commissioners sit on HCCC, Mason County has 1 vote, Cmmr. Shutty is voting member—
membership is designated by Resolution 97-19)
Oakland Bay Clean Water District Board of Directors
JABOARDS\Commissioner Boards 2020 with mtg times.doc December 23,2020
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: Board of Mason County Commissioners
FROM: Diane Zoren/McKenzie Smith
DEPARTMENT: Support Services EXT: 589
BRIEFING DATE: January 4, 2021
PREVIOUS BRIEFING DATES:
If this is a follow-up briefing, please provide only new information
ITEM:
Draft order for 2021 Tax Title Auction to sell parcels on Bid4Assets.com.
EXECUTIVE SUMMARY: (If applicable, please include available options and potential
solutions):
Pursuant to RCW 36.35.120, real property acquired by foreclosure of delinquent taxes may be sold by
order of the County legislative authority if it is deemed in the County's best interests to sell the real
property. The first step to begin the process is for the Commissioners to approve an Order of Sale.
The Treasurer will then arrange an online sale with Bid4Assets.
Part of the process is notifying the City of parcels within City limits foreclosed by the County. This has
been done September 17, 2019.
BUDGET IMPACT:
If all parcels sold for the minimum bid (excluding listing and recording fees) the total would be
$104,568.36. This amount would first go towards delinquent taxes, penalties, and any other fees
owed for the parcel. After the sale, these parcels will go back onto the tax roll. Should any parcels
not sell, they will be listed with Richard Beckman Realty, LLC.
• Listing fee: $125 per parcel (this amount goes to Bid4Assets)
• Recording fee: $106.50 per parcel (estimated two pages of recorded documents)
• Affidavit fee: $10.00 per parcel
PUBLIC OUTREACH:(Include any legal requirements,direct notice,website,community
meetings, etc.)
If approved, the notice will be emailed to any interested parties that have signed up for notification
along with notice on our website, Facebook page, and various postings by Bid4Assets.com.
RECOMMENDED OR REQUESTED ACTION:
Approval to place on the January 19, 2021 Action Agenda for approval.
ATTACHMENTS:
List of parcels with descriptions and total taxes owed.
Briefing Summary 12/28/2020
7
�'r
0er
3n Count item N
x;, - Taxes Due .Other Fees Listin °>ees, __;Reeordsn Fees. T tal/M, Bfd Assessed Value,... Y.,
Parcel No = ,AddressjLega{.: a g, g =Affi vit Fe :=da e .�
12209-34-00060 TR 6 Of SE SW Adj Quail Hill Rd Belfair Uneconomic Rem $ 610.31 $ 20.00 $ 125.00 $ 106.50 $ 10.00 $ 871.81 ( $ 26,335.00 1
12220-50-80901 Blk 80 Vac Ptn Sherwood Ave 10'Allyn Adj Lot 6 1/4 Int $ 92.59 $ 20.00 $ 125.00 $ 106.50 $ 10.00 $ 354.09 j $ 5,160.00 2
Tr 6 of Survey 6/1 Section 29 Township 21 Range 2 140E I
22129-75-00060 $ 47,065.48 $ 20.00 $ 125.00 $ 106.50 $ 10.00 $ 47,326.98 $ 69,875.00 3
Royce Rd Grapeview
22212-54-02006 Lakewood Plat E Blk 2 Lot 6-10 $ 1,944.30 $ 20.00 $ 125.00 $ 106.50 $ 10.00 $ 2,205.80 $ 1,340.00 4
22213-50-10009 Lakewood Plat F Blk 10 Lot 9-10 $ 1,911.65 $ 20.00 $ 125.00 $ 106.50 $ 10.00 $ 2,173.15 $ 130.00 5
31908-31-03010 W 10'Of S 209'Of E 1/2 E 1/2 NE SW $ 1,472.45 $ 20.00 $ 125.00 $ 106.50 $ 10.00 $ 1,733.95 $ 9,885.00 6
Amended&"Corrected Plat of'Shelton,'',B,LK:'1 LOTS:10=12 EX 7
32017-51-01010 $ 961.61 $ 20.00 $ 125.00 $ 106.50 $ 10.00 $ 1,223.11 $ 4,735.00 ,
PTN TR 1 +
5
32019 41 00320 �TR 32 of NE SE Section 19 Township 20 Range 3 $ 2,802.92 $ 20.00 $ 125.00 $ 106.50 $ 10.00 $ 3,064.42 $ 30,190.00 8
32019=56-19001 Nee`dhain.&Days B1k19'Lot 1=6 $ 3,420.63 $ 20.00 $ 125.00 $ 106.50 $ 10.00 $ 3,682.13 $ 3,795.00 9
32019 56 24008 Needham&Days Blk'E Lot 1,-'4',1nt 3rd,St&Kmeo Ave $ 8,493.99 $ 20.00 $ 125.00 $ 106.50 $ 10.00 $ 8,755.49 $ 34,350.00 10
32030-51-08026 2040 Lake Blvd Beverly Heights Blk 8 Lot 26-27 $ 783.50 $ 20.00 $ 125.00 $ 106.50 $ 10.00 $ 1,045.00 $ 12,865.00 11
McReavy Rd Adj to Tsfr S Union-McReavy's 3rd Blk 33 Lot 4
32105-50-33004 $ 309.46 $ 20.00 $ 125.00 $ 106.50 $ 10.00 $ 570.96 $ 75,155.00 12
16&All Biks 34-40 Inc
32106-50-11004 32 E St Rt 106 Union-Bayview Add Blk 11 Lot 4 $ 901.33 i $ 20.00 $ 125.00 $ 106.50 $ 10.00 $ 1,162.83 $ 17,450.00 13
Patricia Beach Tr 33 Exc Tr 33A Section 25 Township 22
32225-51-00035 Range 3 $ 1,309.82 € $ 20.00 $ 125.00 $ 106.50 $ 10.00 $ 1,571.32 $ 13,020.00 14
Next to 4841 E St Rt 106 Union Hood Canal Land&Imp Co I
32232-50-04008 Blk 4 Lot 7 W 1/2&Lot 8-11 $ 9.75 $ 20.00 $ 125.00 $ 106.50 $ 10.00 $ 271.25 $ 16,000.00 15
32330-52-67008 Lilliwaup 1st Add Blk 67 Lot 8 $ 2,574.81 $ 20.00 $ 125.00 $ 106.50 $ 10.00 $ 2,836.31 $ 4,815.00 16
32330-52-67009 Lilliwaup 1st Add Blk 67 Lot 9 $ 2,574.81 $ 20.00 $ 125.00 $ 106.50 $ 10.00 $ 2,836.31 $ 4,815.00 17
Lilliwaup 1st Add Blk 67 Lot 10-12 Vac Troutman Ave Adj Lot
32330-52-67010 $ 3,015.75 $ 20.00 $ 125.00 $ 106.50 $ 10.00 $ 3,277.25 $ 13,775.00 18
12
42012-56-00012 Correction Plat of Kneeland Plaza Lot LL $ 3,886.89 $ 20.00 $ 125.00 $ 106.50 $ 10.00 $ 4,148.39 $ 634,325.00 19
Prop under 101 overpass behind Miles Sand&Gravel TR 48 S
42024-13-00480 $ 366.51 $ 20.00 $ 125.00 $ 106.50 $ 10.00 $ 628.01 $ 17,875.00 = 20
OF NE
42110-41-00011 TR 1A Of SE Section 10 Township 21 Range 4 $ 1,427.46 $ 20.00 $ 125.00 $ 106.50 $ 10.00 $ 1,688.96 $ 12,660.00 21
42212-50-01051 North Hill Rd Hoodsport Blk 1 Lot 51-55 Ex State R/W $ 39.22 $ 20.00 $ 125.00 $ 106.50 $ 10.00 $ 300.72 $ 14,365.00 22
42212-51-10901 2300 Block of Hwy 101 Hoodsport-McReavy's Add Blk 10 TR $ 277.62 $ 20.00 $ 125.00 $ 106.50 $ 10.00 $ 539.12 $ 2,200.00
23
41/2 I nt
2331-50-93164 Lake Cushman Westside#1 Lot D Of SP#817 Ptn Blk 3 Lot
16 $ 1,674.64 $ 20.00 $ 125.00 $ 106.50 $ 10.00 $ 261.50 $ 30,655.00 24
2333-51-06045 Lake Cushman Eastside#1 Blk 6 Lot 45 $ 2,840.31 $ 20.00 $ 125.00 $ 106.50 $ 10.00 $ 3,101.81 $ 43,480.00 25
2024-41-00040 Little Egypt Rd S1/2 N1/2 S1/2 NE SE See Survey 1/233 $ 1,093.68 $ 20.00 $ 125.00 $ 106.50 $ 10.00 $ 1,355.18 $ 27,085.00 26
2024-41-00050 Litte Egypt Rd S1/2 S1/2 NE SE See Survey 1/233 $ 1,653.11 $ 20.00 $ 125.00 $ 106.50 $ 10.00 $ 1,914.61 $ 36,610.00 £ 27
1930-51-00005 River Haven TR 5 $ 1,926.63 $ 20.00 $ 125.00 $ 106.50 $ 10.00 $ 2,188.13 $ 3,030.00 28
1930-51-00007 River Haven Tr 7 $ 3,218.27 $ 20.00 $ 125.00 $ 106.50 $ 10.00 $ 3,479.77 $ 3,030.00 29
$ 104,568.36
I
MASON COUNTY COA4hOSSIONERS'
411 NORTH,FYITH STREET
SHELTON WA 98584
Fax 360-427-8437,,Voice 360-4279670, Ext.4 f9;275-4467 or 482-5269.
I AM SEEKING APPOINTMENT T0 Mason transit authority
NAME: Cynthia Brehmeyer
ADDRESS-! PHONE.
VOTING PRECINCT:
CiTyrzip WORK PHONE:
Hma,WA mattock
(OR AREA INIHECOUNTY YOU UVE) E-MAIL:
---------- ------------
COMMUNITY SERVICE EMPLOYMENT: (IF.RETIRED, PREVIOUS-EXPERIENCE)
(ACTNITIES OR MEMBERSHIPS) COMPANY: Mason county jail 27 years
Matlock Grange yRS
#375
Mary M Knight school Board 5 years POSITION: coreections officer
have 3 to
go. CoMpAr4y- Maosn county school districts yRS
'Washington Statd jail assuciation 8 yud[F--'
Fire fighter EMT for 13 years. POSITION: bus driver and teachers aid 8 years
------------------------------------
In your words, what do you petceiye is the roleor purpose of the Board., Committee or Council for which you are applying:
y 9'
Have Board experience from School board and Jail association. Can understand policies and proceedures and the
job of the boar d. tin k that having people on the board from all parts of the county is a great policy. I'do now a lot oT_
vnters my school district%Alhich k rjktdCt 9 nnX4i being represented by Kevin Sh,Itty
What.interests,skills do you.wish to offer the Board,Committee,,or Council?I have always been interested in the running of the counties boards and making the county a better place to live.
Would like to know more about our bus routes and services offered. Have been a bus driver. Drove vans for years
V'th PFiseneFS iRthern.TraiRed drivers. Had a disabled husband so 0 arn iRteFested iR our availability te ADA peFseRs.
Please list any financial, professional, or voluntary affiliations which may influence or affect.your position oil this Board:.
j
(i.e.create a potential conflict of interest)
Your participation is dependent upon attending certain trafnings made available by the County,duringregular business.hours,
(such.as Open Public Meetfrigs Actand.Public Records).The trainin.gs:would be at no cost to you.Would you be
able to attend such trainings? Yes 10 hours ma
Realistically,how much time can you give to this position.?
Quarterly Monthly Weeldy Daily
�eg mg, Office U&6T0`ftIy.. -N
J.
Cynrhia Brehmeyer 12/12/20
Signature
Da
t
�vt "
x hM�
Administrative Service Center
415 Tumwater Boulevard SW
Tumwater,WA 98501-5799
360.943.5001
TRL.org
December 15,2020
Mason County Commissioners
Mason County Building 1
411 N 5th St.
Shelton, WA 98584
Dear Board Commissioners,
The Grays Harbor County Commissioners have appointed Jasmine Dickhoff to the Timberland
Regional Library Board of Trustees to fill the term that runs from January 1, 2021 to December 31,
2027.
The Grays Harbor County Commissioners have requested that Timberland Regional Library secure
the confirmation of this appointment from the other four county Board of Commissioners.A copy
of the letter appointing Ms. Dickhoff is enclosed.
If you concur with the appointment of Ms.Dickhoff,please send a letter of confirmation to my
attention at the above address. Once we have received letters from Mason, Lewis,Thurston, and
Pacific County Commissioners, copies will be forwarded to the Grays Harbor County
Commissioners.
We would appreciate your immediate consideration of this appointment. To further speed the
process you may email the scanned letter to Rose Enos-Weedmark at renosweedmarkntrl.org.
Thank you for your attention to this matter.
Sincerely,
Cheryl Heywood
Executive Director
Enclosure
"A truly great library contains something in it to offend everyone."—Jo Godwin,
American editor& librarian consultant.
October 26,2020
Dear County Commissioners,
Hope this letter finds you well. My name is Jasmine Dickhoff and I am writing to declare my interest in
filling the upcoming open seat on the Timberland Regional Library's Board of Trustees. My hope is that
you will consider me for the appointment of this position.
My experience includes 4 years as the mayor of Hoquiam. In addition to that role I have had the good
fortune to also serve on the Grays harbor Transit Authority Board as well as the executive board for
Grays Harbor Council of Governments. I served as a city councilman prior to that for 8.5 years. In that
time,I was chair for their regulatory and utility boards.And mayor pro tempore for 2 years.
It was with great pride in those many years that we worked to get approval for annexation.Transitioning
from council to mayor we worked to renovate the building.The projects were completed in 2019.A
much needed and well-deserved investment. In 2018,while mayor, I was informed of a proposal of cuts
by the TRL staff which included looking into the option of shutting down our public library. I worked
diligently to advocate for the survival of not only our freshly renovated Carnegie building but also the
services in Montesano,Amanda Park and Oakville. People from all walks of life acted. It was as unifying
an effort as I have experienced in my time in public service.Proving to me that the resources of our
public library system are invaluable and must be maintained,protected and available to anyone who
walks through their doors.
We have been so fortunate to have been represented by Corby Varness these past many years.She was
an integral voice for sustaining rural services. My intention is to use my experience for the purpose of
securing our libraries as we navigate what lays before us. Libraries,in a world of countless inequities and
personal variability,are the great equalizer. It would be an honor to be considered for this position.
Thank you so much for you time and I look forward to hearing from you.
Warmest Regards,
Jasmine Dickhoff
iasmined@shoppesatriverside.com
(360)581-9974
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Dawn Twiddy
DEPARTMENT: Human Resources EXT: 422
BRIEFING DATE: January 4th, 2021
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:
Approval to place on the January 19, 2021 Action,Agenda,amendment of Resolution 01-96 to reflect
updated policy and procedures based on the Federal Motor Carrier Safety Administration (FMCSA)
and the United States Department of Transportation (DOT)to ensure all Mason County drivers
operate commercial vehicles drug and alcohol free.
Background:
The Mason County Drug and Alcohol Testing Policy and Procedures has not been updated to reflect
any of the current laws as outlined in the FMCSA and DOT rules and regulations for motor vehicle
operators since January 1996.This policy will bring Mason County current in policies and procedures
for all employees who operate commercial vehicles.
RECOMMENDED ACTION:
Approval to place on the January 19, 2021 Action Agenda, amendment of Resolution 01-96 to reflect
updated policy and procedures based on the Federal Motor Carrier Safety Administration (FMCSA)
and the United States Department of Transportation (DOT)to ensure all Mason County drivers
operate commercial vehicles drug and alcohol free.
Attachment:
Resolution and Mason County DOT Drug and Alcohol Policy
RESOLUTION NO.
AMEND RESOLUTION 01-96 MASON COUNTY DRUG AND ALCOHOL TESTING POLICY AND
PROCEDURE FOR DEPARTMENT OF TRANSPORTATION REGULATED EMPLOYEES
WHEREAS, Federal regulations require that Mason County conduct alcohol and controlled substance
testing of drivers who operate commercial motor vehicles; and
WHEREAS,the policy and procedures provide guidelines for circumstances under which the Federal
Motor Carrier Safety Administration and the United States Department of Transportation mandated
testing must be conducted; and
WHEREAS, Mason County expects all drivers to work drug and alcohol free at all times.
NOW,THEREFORE BE IT RESOLVED by the Board of Commissioners of Mason County to amend
Resolution 01-96 Mason County Drug and Alcohol Testing Policy and Procedures by adding an updated
policy and procedures to reflect current regulations under both the Federal Motor Carrier Safety
Administration and the United States Department of Transportation (attachment A).
ADOPTED this day of January 2021.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
ATTEST:
Sharon Trask, Chair
McKenzie Smith, Clerk of the Board
Randy Neatherlin, Commissioner
APPROVED AS TO FORM:
Kevin Shutty, Commissioner
Tim Whitehead
Chief Deputy Prosecuting Attorney
K:\Resolutions\Resolution-Drug&Alcohol Testing Policy&Procedure 01042021.doc
MASON COUNTY
Drug and Alcohol Policy for Commercial Drivers License (CDL)
' Department of Transportation regulated employees
A54 r �'
Resolution
Federal regulations require that Mason County conducts alcohol and controlled substances testing of drivers
who operate commercial motor vehicles. For the purpose of this policy, the employee will be referred to as
"driver". This policy provides guidelines for circumstances under which the Federal Motor Carrier Safety
Administration (FMCSA) and the United States Department of Transportation (DOT) mandated testing must be
conducted. Of course, all the details of every possible situation cannot be anticipated, so Mason County
reserves the right to determine the appropriate application of this policy and general employment policies to
any particular case.
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Employees covered by this policy have been provided a copy of these FMCSA/DOT provisions and by
signature verify that they have read and understand the policy. Drivers should note that in addition to the
required DOT regulations, they are also subject to Mason County's Drug and Alcohol Policy and
Procedure. Throughout this policy, any provisions that are based on Mason County's sole authority (vs.
mandated by federal regulations) will be underlined.
Mason County expects all drivers to work drug and alcohol free at all times. If you have any questions about this
policy the following individuals are available to contact:
Mason County Human Resources Manager
360-427-9670 Ext. 422
The following conditions and activities are expressly prohibited:
The manufacture, sale, use or possession of alcohol, any controlled or illegal substance (except strictly in
accordance with medical authorization) or any other substances which impair job performance or pose a
hazard, when use or possession occurs on Mason County premises or property, or during work time, or while
representing Mason County in any work-related fashion.
Reporting for work having consumed alcohol or used illegal drugs or controlled substances at a time, or in such
quantities, or in a manner that may impair work performance. For purposes of this policy, having any
detectable level of an illegal or controlled drug, or alcohol with an alcohol concentration of.02 or greater, in
one's system while covered by this policy will be considered to be a violation.
Alcohol and Drug Problems
In some cases alcohol and drug abuse can be a result of chemical dependency that can be successfully
treated with professional help. Drivers who are having problems with alcohol or drug use are encouraged to
seek voluntary counseling and treatment. It is the driver's responsibility to seek help when needed, and to do
so before substance abuse causes problems on the job, results in a positive drug or alcohol test or results in
disciplinary action.
Drivers who admit to alcohol misuse or controlled substances use are not subject to the referral, evaluation,
and treatment requirements of 49 CFR Part 382 and 40, provided that:
1. The driver does not self-identify in order to avoid testing;
2. The driver makes the admission of alcohol misuse or controlled substances use before performing a
safety-sensitive function;
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3. The driver does not perform a safety-sensitive function until Mason County is satisfied that.the driver has
successfully completed education or treatment requirements in accordance with the drug and alcohol policy
guidelines.
Mason County will:
1. Not take adverse action against a driver making a voluntary admission of alcohol misuse or controlled
substances use provided that the admission occurs before the employee has been subject to disciplinary
action or the use/misuse has affected job performance;
2. Allow the driver sufficient opportunity to seek an evaluation, education or treatment to establish control over
the employee's drug or alcohol problem;
3. Permit the employee to return to safety sensitive duties only upon successful completion of an educational
or treatment program, as determined by a substance abuse professional.
The following EAP can provide help and referrals for approved Substance Abuse Professionals:
First Choice Health
1-800-777-4114
https://www.fchn.com/Members/EAP
Information on Effects and Signs of Alcohol and Controlled Substance Use (provided)
Definitions
"Alcohol" means the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight
alcohols including methyl and isopropyf alcohol.
"Alcohol concentration (or content), BAC" means the alcohol in a volume of breath expressed in terms of
grams of alcohol per 210 liters of breath as indicated by an evidential breath test under 49 CFR Part 382.
"Alcohol use" means the drinking or swallowing of any beverage, liquid mixture or preparation (including any
medication), containing alcohol.
"Commercial motor-vehicle" (or"CMV") means a motor vehicle or combination of motor vehicles used in
commerce to transport passengers or property if the motor vehicle:
• Has a gross combination weight rating of 26,001 or more pounds inclusive of a towed unit with a gross
vehicle weight rating of more than 10,000 pounds; or
• Has a gross vehicle weight rating of 26,001 or more pounds; or .
• Is designed to transport 16 or more passengers, including the driver; or
• Is of any size and is used in the transportation of materials found to be hazardous for the purposes of the
Hazardous Materials Transportation Act and which require the motor vehicle to be placarded under the
Hazardous Materials Regulations (49 CFR Part 172, subpart F).
"Controlled substances" mean those substances identified in 49 CFR Part 40.85, as amended: marijuana,
cocaine, opioids, amphetamines, and phencyclidine.
"DOT Agency" means an agency (or"operating administration") of the United States Department of
Transportation administering regulations requiring alcohol and/or drug testing(14 CFR parts 61, 63, 65, 121,
and 135; 49 CFR parts 199, 219, 382, and 655), in accordance with 49 CFR Part 40.
"Driver" means any person who operates a commercial motor vehicle. This includes, but is not limited to: full-
time, regularly-employed drivers; casual, intermittent or occasional drivers; leased drivers and independent,
owner-operator contractors who are either directly employed by or under lease to Mason County or who
operate a commercial motor vehicle at the direction of or—with the consent of Mason County.
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"Drug" has the meaning of any controlled substances, prescription, or over-the-counter medication.
"EBT (or evidential breath testing device)" means an EBT,approved by the National Highway Traffic Safety
Administration (NHTSA) for the evidential testing of breath and placed on NHTSA's "Conforming Products List
of Evidential Breath Measurement Devices" (CPL), and identified on the CPL as conforming with the model
specifications available from the National Highway Traffic Safety Administration, Office of Alcohol and State
Programs.
"Employer" means an entity employing one or more employees (including an individual who is self-employed)
that is subject to DOT agency regulations requiring compliance with 49 CFR Part 382. The term refers to the
entity responsible for overall implementation of DOT drug and alcohol program requirements, as well as those
individuals employed by the entity who take personnel actions resulting from violations of 49 CFR Part 382 and
any applicable DOT agency regulations. Service agents are not employers.
"Licensed medical practitioner" means a person who is licensed, certified, and/or registered, in accordance
with applicable Federal, State, local, or foreign laws and regulations, to prescribe controlled substances and
other drugs.
"Medical Review Officer(MRO)" means a licensed physician (medical doctor or doctor of osteopathy)
responsible for receiving laboratory results generated by Mason County's drug testing program who has
knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an
individual's confirmed positive test result together with his or her medical history and any other relevant
biomedical information.
"Performing (a safety-sensitive function)" means a driver is considered to be performing a safety-sensitive
function during any period in which he or she is actually,performing, ready to perform, or immediately available
to perform any safety-sensitive functions.
"Refuse to submit(to an alcohol or controlled substances test)" means that a covered employee:
• Fails to show up for any test (except a pre-employment test) within a reasonable time after being directed
to do so by Mason County. This includes the failure of an employee to,appear for a test when called by a
Consortium/Third Party Administrator);
• Fails to remain at the testing site until the testing process is complete; provided, that an applicant who
leaves the testing site before the testing process commences for a pre-employment test is not deemed to
have refused a test. The testing process commences once the applicant has been provided the specimen
collection cup; .
• Fails to provide a urine specimen for any drug test,OR a breath or saliva sample for an alcohol test
required by 49 CFR Part 382, if the employee leaves after the testing process has commenced;
• In the case of a directly observed or monitored collection in a drug test, fails to permit the observation or
monitoring of the provision of a specimen;
• Fails to provide a sufficient amount of urine, breath or saliva when directed, unless it has been determined,
through a required medical evaluation, that-there was an adequate medical explanation for the failure to
provide;
• Fails or declines to take a second test either Mason County or collector has directed following a negative
dilute result as required by 40.197(b);
• Fails to undergo an additional medical examination, as directed by the MRO as part of the verification
process, or as directed by the Designated Employer Representative (DER) concerning the evaluation as
part of the "shy bladder" procedures in 49 CFR Part 40, subpart I; or fails to undergo a medical
examination or evaluation as directed by Mason County as part of the insufficient breath procedures
outlined in 40.265(c);
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• Fails to cooperate (e.g. refuses to empty pockets when directed by the collector, behaves in a
confrontational way that disrupts the collection process, fails to wash hands after being directed to do so by
the collector) or otherwise interferes with any part of the testing process;
• Fails to sign the certification at Step 2 of the alcohol testing form (ATF);
• Is reported by the MRO as having a verified adulterated or substituted test result;
• For an observed collection, fails to follow the observer's instructions to raise clothing above the waist, lower
clothing and underpants, and to turn around to permit the observer to determine if there is any type of
prosthetic or other device that could be used to interfere with the collection process;
• Possesses or wears a prosthetic or other device that could be used to interfere with the collection process;
• Admits to the collector or MRO to having adulterated or substituted the specimen.
"Safety-sensitive function" means all time from the time a driver begins to work or is required to be in
readiness to work until the time he/she is relieved from work and all responsibility for performing work. Safety-
sensitive functions shall include:
1. All time at an Mason County or shipper plant, terminal, facility, or other property, or on any public property,
waiting to be dispatched, unless the driver has been relieved from duty by Mason County;
2. All time inspecting equipment as required by FMCSA regulations or otherwise inspecting, servicing, or
conditioning any commercial motor vehicle at any time;
3. All time spent at the driving controls of a commercial motor vehicle in operation;
4. All time, other than driving time, in or upon any commercial motor vehicle except time spent resting in a
sleeper berth (a berth conforming to the requirements of 49 CFR 393.76);
5. All time loading or unloading a vehicle,supervising, or assisting in the loading or unloading, attending a
vehicle being loaded or unloaded, remaining in readiness to operate the vehicle, or in giving or receiving
receipts for shipments loaded or unloaded; and
6. All time spent repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle.
Prohibited Conduct
The following is considered prohibited conduct under this policy:
1. No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions
while having an alcohol concentration of 0.04 or greater.
2. No driver shall use alcohol while performing safety-sensitive functions.
3. No driver shall perform safety-sensitive functions within four hours after using alcohol.
4. No driver required to take a post-accident alcohol test under 49 CFR 382.303 shall use alcohol for eight (8)
hours following the accident, or until he/she undergoes a post-accident alcohol test, whichever occurs first.
5. No driver shall refuse to submit to a post-accident, random, reasonable suspicion, or follow-up controlled
substance and/or alcohol test required by 49 CFR Part 382.
6. No driver shall report for duty, remain on duty or perform a safety-sensitive function when there is a
quantifiable level of a controlled substance in the driver's body above the minimum thresholds established
in 49 CFR Part 40. Although the personal use of marijuana is permitted under Washington law, federal law
still prohibits the use and possession of marijuana. Employees must be aware that having a detectible level
of marijuana in their body, regardless of whether their use was for recreational or medical purposes,
constitutes prohibited conduct.
7. No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions
when the driver uses any drug except when the use is pursuant to the instructions of a licensed medical
practitioner, as defined in §382.107, who is familiar with the driver's medical history and has advised the
driver that the substance will not adversely affect the driver's ability to safely operate a commercial motor
vehicle. Notwithstanding the above, the medical use"of marijuana that causes drug or drug metabolites to
be present in the body above minimum thresholds established in 49 CFR Part 40 constitutes prohibited
conduct regardless of whether the marijuana was used under the guidance of a medical practitioner and
regardless of whether the medical practitioner advised that such use will not adversely affect the driver's
ability to safely operate a commercial motor vehicle.
8. Mason County shall not permit a driver to continue to perform safety sensitive functions if the county has
actual knowledge of a driver violating any of the aforementioned prohibitions. Actual knowledge may be
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based on Mason County's direct observation of the employee, information provided by the driver's previous
employer(s), a traffic citation for driving a CMV while under the influence of alcohol or controlled
substances, or an employee's admission of alcohol or controlled substances use, except as discussed in
the Alcohol and Drug Problems section of this policy.
Prescription and Other Medications
No driver may possess any prescription medication or report to work while using any prescription medication,
except when he/she is under a doctor's care and the doctor has advised the driver that the substance does not
affect his/her ability to safely operate a commercial motor vehicle. The use of any medication, whether
prescription or over-the-counter, that could affect a driver's safe job performance is prohibited while working. The
driver shall report to Human Resources the use of any prescribed medication and, without identifying the
medication shall provide a certificate from the driver's doctor that the use of the medication will not impair the
ability to safely perform his/her duties. If, as a result of testing under this policy, the driver is found to have the
presence of controlled substances in the body which is a result of the use of his/her legally prescribed medication
that has not been reported the driver shall be removed from service without pay until it is determined that the use
of medication will not impair his/her ability to safely perform assigned duties. Notwithstanding the above, a driver
may not possess or report to work while using marijuana under any circumstances, even if the marijuana was
Prescribed by a doctor.
Other Related Alcohol Conduct
A driver tested under the requirements of this policy who is found to have an alcohol concentration of 0.02 or
greater but less than 0.04 shall be removed immediately from performing safety-sensitive functions-until the
start of the driver's next regularly scheduled duty period, but not less than 24 hours following the test
administration. Depending on the circumstances, an employee who is removed from service due to an alcohol
concentration of 0.02 or greater but less than 0.04 may be subject to discipline.
Controlled Substances and Alcohol Testing
Submission to the controlled substance and alcohol testing described in this policy is a condition of
employment with Mason County for those drivers covered by DOT and FMCSA regulations. A refusal to submit
(as described above) will constitute a violation of this policy and be grounds for termination of employment. A
driver may be tested for controlled substances at any time during his/her work day, except pre-employment,
and alcohol testing will be conducted just before, during or after performing safety sensitive functions.
Driver's will be escorted to.the testing facility by a trained supervisor for the following drug and alcohol tests:
post-accident, reasonable suspicion, and random.
Drivers will be subject to testing as follows:
Pre-Employment: Drivers will be tested for controlled substances unless:
1. The driver participated in a DOT testing program within the past 30 days and:
2. While participating in that program, either:
a. Was tested for controlled substances within the past 6 months (from the date of application with the
employer), or
b. Participated in the random controlled substances testing program for the previous 12 months (from the
date of application with the employer); and
3. No prior employer of the driver of whom Mason County has knowledge has records of a violation of DOT
controlled substances regulations within the previous 6 months.
A driver/applicant who tests positive on a pre-employment test will not be hired, but may be eligible to reapply
for employment with Mason County after one year from the date of the positive test. Mason County is required
to make a good faith effort to contact a driver's previous employer regarding drug and alcohol test results if the
driver performed safety-sensitive functions for that employer within the last two (2) years.
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Post-Accident: As soon as practicable following an occurrence involving a CMV operating on a public road,
each surviving driver shall be tested for controlled substances and alcohol if:
1. the driver was performing safety-sensitive functions with respect to the vehicle, if the accident involved the
loss of human life (fatality); or
2. the driver received a citation for a moving violation and the accident involved bodily injury to any person
who, as a result of the accident, immediately receives medical treatment away from the scene of the
accident; or.
3. the driver received a citation for a moving violation and the accident involved one or more motor vehicles
incurring disabling damage as a result of the accident, requiring the motor vehicle to be transported away
from the scene by a tow truck or other motor vehicle.
A driver may not consume alcohol for eight (8) hours following an accident that requires the DOT alcohol test.
The alcohol test must be completed within two (2) hours of the accident; if not, the supervisor must document
the reasons for the delay, and shall continue to have the test conducted up to eight (8) hours following the
accident. After eight (8) hours the attempt to test will be ceased, and the supervisor must again provide the
reasons for the test not being administered.
A controlled substances test shall be administered as soon as practicable up to 32 hours following the
accident. After 32 hours the attempt to test will be ceased, and the supervisor must provide the reasons for the
test not being administered promptly. A driver must remain readily available for testing, or may be deemed by
the Mason County to have refused to submit to testing.
Nothing in this policy should be construed to require the delay of necessary medical attention for the injured.
Random: Mason County is using a consortium/third party administrator to facilitate the random selection of
drivers and notification to Mason County of the driver(s) selected for testing. The consortium/third party
administrator is:
A WorkSAFE Service, Inc.
1696 Capitol St NE
Salem OR 97301
(503) 391-9363
Drivers will be subject to random alcohol and controlled substance testing under the following program:
1. Random selection of drivers will be made by a scientifically valid method using a computer-based random
number generator that is matched with drivers' social security numbers.
2. Each driver shall have an equal chance of being drawn each time selections are made.
3. Selections for testing are unannounced and reasonably spread throughout the calendar year.
4. Random selections are made to ensure testing for controlled substances is conducted at not less than the
minimum annual 25% rate and alcohol is conducted at not less than the minimum annual 10% rate, or the
rates as established by the FMCSA.
5. A driver shall only be tested for alcohol just before, during, or after performing safety-sensitive functions;
however, he/she may be tested for controlled substances any time while performing work for the Mason
County.
6. Once a driver is notified of selection for random alcohol and/or controlled substances testing, he/she shall
proceed to the test site immediately.
Reasonable Suspicion: Drivers will be tested for alcohol and/or controlled substances whenever Mason
County has reasonable suspicion that the individual is under the influence of alcohol or a controlled substance.
Reasonable suspicion will be based on specific, contemporaneous, articulable observations concerning the
behavior, speech, appearance or body odors of the driver, including any indicators of the chronic and
withdrawal effects of controlled substances. Drivers required to be tested under reasonable suspicion testing
will be removed from performing safety-sensitive functions pending the outcome of the test result(s) and be
transported to the testing facility by a trained supervisor. Personnel responsible for supervising and managing
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employees subject to testing under this policy must attend at least two hours of training on alcohol and drug
misuse symptoms and indicator used in making determinations for reasonable suspicion testing. Only those
individuals who have received this training are qualified to make these decisions.
Reasonable suspicion drug testing is authorized when the supervisor's observation of the driver's behavior
occurs any time during the workday. Reasonable suspicion alcohol testing is authorized only if the supervisor's
observation of the driver's behavior has been made during, just preceding, or just after performing any safety-
sensitive function.
The alcohol test must be completed within two (2) hours of the observation; if not, Mason County must
document the reasons for the delay, and shall continue to have the test conducted up to eight (8) hours
following the observation. After eight (8) hours, the attempt to test will cease. If an alcohol test is not completed
within the two (2) or eight (8) hour time periods, Mason County shall prepare and maintain on file a record
stating the reasons the test was not administered within the appropriate time frames.
Mason County shall not permit a driver to report for duty, remain on duty, perform, or continue to perform any
safety-sensitive functions while the driver is impaired by alcohol, as shown by the behavioral, speech, or
performance indicators.of alcohol misuse, until:
An alcohol test is administered and the driver's alcohol concentration measures less than 0.02 percent; OR
the start of the driver's next regularly-scheduled duty period, but not less than twenty four (24) hours following
the supervisor's determination that reasonable suspicion exists.
Return-to-Duty: No driver found to be in violation of the Mason County drug and alcohol policy will be
permitted to return to duty involving safety-sensitive functions until the driver has undergone an assessment
with a Substance Abuse Professional as required by 49 CFR Part 40 and has a verified negative controlled
substances test and/or an alcohol test with a result less than 0.02 alcohol concentration. All controlled
substances return-to-duty tests will be conducted by same-gender direct observation. Refusing to permit an
observed collection will constitute a refusal to test with the same consequences as testing positive.
Follow-Up: Any driver in need of assistance in resolving problems associated with alcohol misuse and/or
controlled substances use as identified through the evaluation by the Substance Abuse Professional will, if still
employed, be required to enter into a Last Chance Agreement as a condition of continued employment and to
submit to unannounced follow-up testing for controlled substances and/or alcohol as directed by the Substance
Abuse Professional. Mason County may perform follow-up testing for five years. All controlled substances
return-to-duty tests will be conducted by same-gender direct observation. Refusing to permit an observed
collection will constitute a refusal to test with the same consequences as testing positive.
Testing Procedures
Urine Specimen Collection: Specimen collections will be conducted in accordance with the procedures of 49
CFR Part 40, as amended. The collection procedures are designed to ensure the security and integrity of the
specimen provided by each covered employee, and those procedures will strictly follow federal chain-of-
custody guidelines. Moreover, every reasonable effort will be made to preserve the individual's privacy as
much as possible consistent with ensuring an accurate result. Covered employees will be required to empty
their pockets before providing the drug test specimen.
A urine sample will be split at the time of collection. Within 72 hours of the MRO notifying the driver of a verified
positive controlled substances test, or an adulterated or substituted specimen, the driver may request the split
sample to be tested. Only the MRO may authorize such�testing, which may take place only at laboratories
certified by the Department of Health and Human Services (DHHS). If the split sample test fails to reconfirm
the presence of the drug or drug metabolite, the MRO shall cancel the test or take such steps as are directed
by DOT regulations.
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All applicants/drivers have a right to request testing of the split sample. The driver will be responsible for the
cost of testing the split sample.
Under normal circumstances, the applicant or covered employee will be afforded complete privacy in the
restroom for providing the urine sample. Certain situations do require the urine sample be provided under
same-gender direct observation. Those situations include:
• The temperature on the original specimen was out of range; or
• 'The original specimen appeared to have been tampered with (i.e. unusual color, odor, foam, etc.); or.
• The collector observes materials brought to the collection site or the individual's conduct clearly indicates
an attempt to tamper with a specimen; or
• The laboratory reported to the MRO that a specimen is invalid, and the MRO reported to Mason County
there was not an adequate medical explanation for the result; or The MRO
• reported to Mason County that the original positive, adulterated, or substituted test result had to be
cancelled because the test of the split specimen could not be performed; or
• The laboratory reported to the MRO that the specimen was negative-dilute with a creatinine concentration
greater than or equal to 2 mg/dL but less than or equal to 5mg/dL, and the MRO reported the specimen to
Mason County as negative-dilute and a second collection must take place under direct observation; or
• All return-to-duty or follow-up drug tests.
When that occurs, the individual subjected to testing will be required to follow the observer's instructions to
raise their clothing above the waist, lower clothing and underpants, and to turn around to permit the observer to
determine if there is any type of prosthetic or other device that could be used to interfere with the collection
process.
Refusing to permit an observed collection, or possessing or wearing a prosthetic or other device that could be
used to interfere with the collection process, are considered a refusal to test and will constitute a verified
positive drug test result.
As required by 49 CFR Part 40, only a laboratory certified by the Department of Health and Human Services
(DHHS) will be retained by Mason County to perform the analysis of the urine specimen for controlled
substances. The initial screening test will be performed by immunoassay and will test for substances and at
cutoff levels required by 49 CFR Part 40, as amended. All specimens identified as positive on the initial
screening test will be confirmed using gas chromatography/mass spectrometry techniques at cutoff levels
required by 49 CFR Part 40, as amended.
Negative Dilute Specimens: All negative dilute specimen test results will require the applicant or employee to
submit to an immediate retest with minimum advance notice. The retest results shall become the test result of
record. If the retest results are also negative and dilute, the test will be deemed a negative result, unless the MRO
has directed a recollection under direct observation.
Breath Alcohol: Testing will be conducted by a qualified technician according to 49 CFR Part 40 procedures
using a DOT-approved device. If an initial test indicates an alcohol concentration of less than 0.02, no further
testing will be conducted. If the initial test result is 0.02 or greater, a confirmation test will be conducted by a
Breath Alcohol Technician using an Evidential Breath Testing (EBT) device. Testing will be conducted in a
manner that protects the confidentiality of the employee's testing information as well as the integrity of the
testing process.
Medical Review _
All controlled substances test results will be reviewed by a Medical Review Officer (MRO) before results are
reported to Mason County. The MRO will attempt to contact the driver to discuss the test results before
reporting positive results to Mason County.
The Mason County Medical Review Officer is:
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Dee J. McGonigle, M.D.
18912 North Creek Parkway
Suite 202
Bothell, WA 98011
(425) 488-9755
Notification of Results
Mason County will notify the affected driver of any controlled substances test that is reported as positive by the
MRO. Mason County will notify driver-applicants of the results of pre-employment controlled substances testing
if the applicant requests that information in writing within 60 days after Mason County notifies the applicant that
he/she has or has not been hired.
Clearinghouse
The Clearinghouse rule required FMCSA-regulated employers, medical review officers (MROs), substance
abuse professionals (SAPs), consortia/third-party administrators (C/TPAs), and other service agents to report
to the Clearinghouse information related to violations of the drug and alcohol regulations in 49 Code of Federal
Regulations, Parts 40 and 382 by current and prospective employees.
Drivers should be aware that the motor carrier is required to collect, maintain, and report certain information to
the Clearinghouse as required:
• A verified positive, adulterated, or substituted drug test result;
An alcohol confirmation test with a concentration of 0.04 or higher;
• A refusal to submit to any test required by subpart C of this part;
• An employer's report of actual knowledge, as defined at §382.107:
o On duty alcohol use pursuant to §382.205;
o Pre-duty alcohol use pursuant to §382.207;
o Alcohol use following an accident pursuant to §382.209; and
o Controlled substance use pursuant to §382.213;
• A substance abuse professional (SAP as defined in §40.3 of this title) report of the successful
completion of the return-to-duty process;
• A negative return-to-duty test; and
• An employer's report of completion of follow-up testing.
Analysis of Split Sample
A urine sample will be split at the time of collection. Within 72 hours of the MRO notifying the driver of a verified
positive controlled substances test, or an adulterated or substituted specimen, the driver may request the split
sample to be tested. Only the MRO may authorize such testing, which may take place only at laboratories certified
by the Department of Health and Human Services (DHHS). If the split sample test fails to reconfirm the presence
of the drug or drug metabolite, the MRO shall cancel the test or take such steps as are directed by DOT
regulations.
All applicants/drivers have a right to request testing of the split sample. Mason County will be responsible for the
cost of testing the split sample.
Confidentiality
Records required under this policy, including test results, will be maintained in a secure location with controlled
access..Each driver shall, upon written request, be entitled to receive copies of his/her own records, and to
have copies of his/her records made available to any subsequent Mason County. Information may also be
disclosed to the relevant state or federal agencies, or in connection with judicial, administrative or related
proceedings (e.g., grievances and arbitration) initiated by or on behalf of the driver, or where otherwise
required by law.
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Evaluation and Referral
DOT regulations require that any driver who violates the alcohol and controlled substances rules of 49 CFR
Part 382 be advised of available evaluation resources and be evaluated by a Substance Abuse Professional.
The driver must complete an appropriate education and/or treatment program before being eligible to return to
safety sensitive duty.
Before returning to performing safety-sensitive functions for any DOT employer, a driver must be tested for
controlled substances with a verified negative controlled substances test result and/or alcohol with a test result
less than 0.02 alcohol concentration. The driver will be subject to follow-up testing of at least six tests in the
first 12 months of returning to duty, and follow-up testing may continue for five years.
Consequences
Under normal circumstances, employees violating this policy or federal regulations will be suspended from
performing any safety-sensitive functions with a commercial motor vehicle and will be subject to disciplinary
action up to and including termination of employment. Under some circumstances, however, Mason County
may agree to return an employee to performing these functions following treatment and rehabilitation. When
that occurs, any treatment or rehabilitation (including pre-treatment evaluation) will be the sole financial
responsibility of the employee.
When, at Mason County's discretion, an employee is returned to work, the driver will be required to enter into a
Last Chance Agreement and to submit to unannounced follow-up testing for controlled substances and/or
alcohol as directed by the Substance Abuse Professional in order to continue to perform safety-sensitive
functions and operate a commercial motor vehicle requiring a CDL.
Mason County reserves the right to take disciplinary action up to and including termination for violation of the
Mason County Drug and Alcohol Policy where and when deemed appropriate.
10 of 11
CERTIFICATE OF RECEIPT
I hereby certify that on the date shown below, I received and read a copy of the Mason County Drug and
Alcohol Policy for Use With FMCSA/DOT-Regulated Employees, consisting of eleven (11) pages including the
Certificate of Receipt, and a copy of the FMCSA manual, Clearinghouse testing acknowledgment, and the drug
and alcohol fact sheet.
I understand and agree to comply with this policy, including any required alcohol or controlled
substance testing.
Employee— Print name
Employee— Signature
Date:
(Employee to receive duplicate copy.
(Original to be kept in employee personnel file.)
11 of 11
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Jennifer Beierle
DEPARTMENT: Support Services EXT: 532
BRIEFING DATE: January 4, 2021
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 Audit Committee
ITEM: Review of draft resolution deleting Fund No. 116, Historical Preservation, in the 2021
Budget, and recording those revenues and expenditures in the General Fund No. 001,
Department 126, Historical Preservation.
EXECUTIVE SUMMARY: The County has adopted a Financial Policy which states"only the
minimum number of funds consistent with legal and operating requirements should be
established, because unnecessary funds result in inflexibility, undue complexity, and
inefficient financial administration".
Fund 116, Historical Preservation, was created by Resolution No. 27-07, as authorized under
RCW 36.22.170 for a surcharge on each document recorded by the county auditor to be
used by the county commissioners to promote historical preservation or historical programs
including the preservation of historical documents. The surcharge will still be collected by the
County but will be receipted into the General Fund.
BUDGET IMPACT: None—the fund revenues and expenditures are being recorded within
the General Fund, 001, Department No.. 126, Historical Preservation, beginning with the 2021
budget.
PUBLIC OUTREACH: Audit Committee and Historical Preservation meeting discussions
during 2020.
RECOMMENDED OR REQUESTED ACTION:
Request to place on the January 191h Consent Agenda consideration of the resolution
deleting budgetary accounting Fund No. 116, Historical Preservation
ATTACHMENTS:
Draft Resolution Deleting Fund 116
Briefing Summary 12/29/2020
RESOLUTION NO.
AMENDING RESOLUTION NO.27-07
DELETION OF BUDGETARY ACCOUNTING FUND 116-000000-000-000,
HISTORICAL PRESERVATION FUND
WHEREAS,RCW 36.32.120, states"..the board.of county commissioners...have the
care of the county property and the management of the county_fas and business.."
WHEREAS,the Board of Mason County Commissioners recognizes that beginning in
2021,Historical Preservation revenues and expenditures are recorded within Current Expense
Department No. 126,Historical Preservation,thereby making fund 116;-000000-000-000
obsolete.
WHEREAS,the Board of Mason County Commissioners authorizes the transfer of any
remaining fund balance in Fund 116-000000-000 000;Histor.ical Preservation,mfo,:Department
126,Historical Preservation,within the General Fund,_during the year 2021.
NOW THEREFORE,the Mason County Board of County Commissioners does hereby
resolve to delete the following county fund
116-000000-000-000 HISTORICAL PRESERVATION;
APPROVED Ns day of ,2021.
BOARDOF COUNTY COMMISSIONERS
Sharon:,Trask, Chair
Randy Neatherlin, Commissioner
Kevin Shutty, Commissioner
ATTEST:
McKenzie Smith, Clerk of the Board
APPROVED AS TO FORM:
Tim Whitehead, Chief DPA
C: Accounting,Treasurer,Public Works,Budget&Finance
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Jennifer Beierle
DEPARTMENT: Support Services EXT: 532
BRIEFING DATE: January 4, 2021
PREVIOUS BRIEFING DATES: N/A
ITEM: Contract for Veteran Assistance from the General Fund for $5,000
EXECUTIVE SUMMARY: During both the 2020 and 2021 budget process, the Board set aside
$5k in the Current Expense Non-Departmental budget to provide essential items to the poor
and infirm with a strong preference towards veterans. The 2020 contract was with North Mason
Resources to provide up to $2,500 worth of resources to the North end and up to $2,500 to the
South end of the County.
Now that the 2020 contract with North Mason Resources has expired, the Board has a few
options:
1. Renew the same contract with North Mason Resources
2. Make changes to the existing contract with North Mason Resources and propose the
changes to the agency
3. Look at contracting with another agency
4. Go out using an RFP process for the contract
BUDGET IMPACTS: $5,000 is budgeted in 2021 Current Expense Non-Departmental
RECOMMENDED OR REQUESTED ACTION: Request the Board review the 2020 contract
with North Mason Resources and make a decision on how to allocate the $5k budgeted in 2021
ATTACHMENTS:
2020 North Mason Resources Contract
J:\Budget Office\Briefmg,Agenda,&Public Hearing Items\202 1\Briefing Summary 1.4.2021 -Contract from CE
for Veteran Assistance.doc
MASON COUNTY
PROFESSIONAL SERVICES CONTRACT
2020 NORTH MASON RESOURCES
THIS CONTRACT is made and entered into by and between Mason County, hereinafter referred to as
"COUNTY"and North Mason Resources, hereinafter referred to as"CONTRACTOR."
RECITALS:
WHEREAS. COUNTY desires to retain a person or firm to provide the following service: Provide basic
essential items as identified in"Exhibit A Scope-of-Services,"to the poor or infirm with a strong preference
towards veterans in Mason County; and
WHEREAS, CONTRACTOR warrants that it is qualified and competent to render the services.
NOW, THEREFORE, for and in consideration of the CONTRACT made, and the payments to be made by
COUNTY. the parties agree to the following:
Special Conditions
Funding Source: General Fund Non-Departmental (Fund 001)
Invoices: CONTRACTOR shall receive funds as set aside in the County budget and as stated in this
contract for services to be provided by North Mason Resources.
Treatment of Assets Ownership of all property/equipment purchased with County funds shall be owned by
Mason County. The CONTRACTOR shall surrender to the COUNTY all property of the COUNTY within thirty
days after termination or completion of this Contract unless mutually agreed up on by the parties. A detailed
inventory shall be maintained by the CONTRACTOR and reported to the County by January 31, 2021.
Reporting Requirements: CONTRACTOR shall submit at least quarterly to the COUNTY an accounting
that shall include but not be limited to the information as outlined in"Exhibit B Compensation"to this
agreement.
Individuals Served: Individuals served under this contract by the Contractor must meet the definition of poor
or infirm as stated in this agreement.Approximately half of the individuals served must live in the North end
of Mason County and half of the individuals served must live in the South end of Mason County.
Definition of Poor or Infirm: The individual served under this contract is receiving one of the following types
of public assistance: Temporary assistance for needy families, ages, blind, or disabled assistance benefits,
pregnant women assistance benefits, poverty-related veterans' benefits, food stamps or food stamp benefits
transferred electronically, refugee resettlement benefits, Medicaid, medical care services, or supplemental
security income; AND the individual's household receiving an annual income, after taxes, of up to one
hundred fifty (150) percent or less of the current federally established poverty level.
Each individual served is limited to one transaction per week with a maximum value of$50 in any one
transaction under this contract
General Conditions
Scope of Services: .
The CONTRACTOR agrees to provide to COUNTY the services and any materials as set forth as identified
in "Exhibit A Scope-of-Services,"during the CONTRACT period. No material, labor or facilities will be
furnished by the COUNTY, unless otherwise provided for in the CONTRACT.
Term:
This is a 8.5 month CONTRACT for the period of April 21, 2020—December.31, 2020. Services provided by
CONTRACTOR prior to or after the term of this CONTRACT shall be performed at the expense of
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CONTRACTOR and are not compensable under this CONTRACT unless both parties hereto agree to such
provision in writing.
Compensation:
CONTRACT for 2020 is not to exceed $5,000.
Accounting and Payment for CONTRACTOR Services:
Payment to the CONTRACTOR for services rendered under this CONTRACT shall be in accordance with
Article 8, Section 7 of the Washington State Constitution and set forth in "Exhibit B Compensation".
Unless specifically stated in Exhibit"B"or approved in writing in advance by the official executing this
CONTRACT for the COUNTY or his designee(hereinafter referred to as the"Administrative Officer") the.
COUNTY will not disburse funds up front to the CONTRACTOR for any costs or expenses incurred by the
CONTRACTOR in the performance of this CONTRACT.
The COUNTY or his designee (hereinafter referred to as the"Administrative Officer")will disburse funds up
front periodically to the CONTRACTOR for any costs or expenses incurred by the CONTRACTOR in the
performance of this CONTRACT.
There shall be a 10% allowance for administrative costs under this contract. The 10% administrative costs
shall be included as part of the total contract amount, and not over and above the contract amount.
Taxes:
CONTRACTOR understands and acknowledges that the COUNTY will not withhold Federal or State income
taxes. Where required by State or Federal law, the CONTRACTOR authorizes the COUNTY to withhold for
any taxes other than income taxes (i.e., Medicare). All compensation received by the CONTRACTOR will be
reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable
IRS regulations. It is the responsibility of the CONTRACTOR to make the necessary estimated tax
payments throughout the year, if any, and the CONTRACTOR is solely liable for any tax obligation arising
from the CONTRACTOR's performance of this CONTRACT. The CONTRACTOR hereby agrees to
indemnify the COUNTY against any demand to pay taxes arising from the CONTRACTOR's failure to pay
taxes on compensation earned pursuant to this CONTRACT.
COUNTY will pay sales and use taxes imposed on goods or services acquired hereunder as required by law.
The CONTRACTOR must pay all other taxes, including, but not limited to, Business and Occupation Tax,
taxes based on the CONTRACTOR's gross or net income, or personal property to which the COUNTY does
not hold title. COUNTY is exempt from Federal Excise Tax.
Withholding Payment:
In the event the CONTRACTOR has failed to perform any obligation under this CONTRACT within the times
set forth in this CONTRACT, then the COUNTY may, upon written notice, withhold from amounts otherwise
due and payable to CONTRACTOR, without penalty, until such failure to perform is cured or otherwise
adjudicated. Withholding under this clause shall not be deemed a breach entitling CONTRACTOR to
termination or damages, provided that the COUNTY promptly gives notice in writing to the CONTRACTOR of
the nature of the default or failure to perform, and in no case more than 10 days after it determines to
withhold amounts otherwise due. A determination of-the Administrative Officer set forth in a notice to the
CONTRACTOR of the action required and/or the amount required to cure any alleged failure to perform shall
be deemed conclusive, except to the extent that the CONTRACTOR acts within the times and in strict accord
with the provisions of the Disputes clause of this CONTRACT. The COUNTY may act in accordance with
any determination of the Administrative Officer which has become conclusive under this clause, without
prejudice to any other remedy under the CONTRACT, to take all or any of the following actions: (1) cure any
failure or default, (2)to pay any amount so required to be paid and to charge the same to the account of the
CONTRACTOR. (3) to set off any amount so paid or incurred from amounts due or to become due the
CONTRACTOR. In the event the CONTRACTOR obtains relief upon a claim under the Disputes clause, no
penalty or damages shall accrue to CONTRACTOR by reason of good faith withholding by the COUNTY
under this clause.
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Labor Standards:
CONTRACTOR agrees to comply with all applicable state and federal requirements, including but not limited
to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the
Prevailing Wage Act: the Americans with Disabilities Act of 1990; the Davis-Bacon Act; and the Contract
Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime
pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions
which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations
promulgated by the Federal Secretary of Labor and/or the State of Washington.
Independent Contractor:
CONTRACTOR's services shall be furnished by the CONTRACTOR as an independent CONTRACTOR,
and nothing herein contained shall be construed to create a relationship of employer-employee. All
payments made hereunder and all services performed shall be made and performed pursuant to this
CONTRACT by the CONTRACTOR as an independent contractor.
CONTRACTOR acknowledges that the entire compensation for this CONTRACT is specified in Exhibit"B"
and the CONTRACTOR is not entitled to any benefits including, but not limited to: vacation pay, holiday pay,
sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to
employees of the COUNTY. The CONTRACTOR represents that he/she/it maintains a separate place of
business, serves clients other than the COUNTY, will report a;l income and expense accrued under this
CONTRACT to the Internal Revenue Service, and has a tax account with the State of Washington
Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by
the State of Washington.
CONTRACTOR will defend, indemnify and hold harmless the COUNTY, its officers, agents or employees
from any loss or expense, including, but not limited to, settlements,judgments, setoffs, attorneys'fees or
costs incurred by reason of claims or demands because of breach of the provisions of this paragraph.
Assignment and Subcontracting:
The performance of all activities contemplated by this CONTRACT shall be accomplished by
CONTRACTOR. No portion of this CONTRACT may be assigned or subcontracted to any other individual,
firm or entity without the express and prior written approval of the COUNTY.
No Guarantee of Employment:
The performance of all or part of this CONTRACT by the CONTRACTOR shall not operate to vest any
employment rights whatsoever and shall not be deemed to guarantee any employment of CONTRACTOR or
any employee of CONTRACTOR or any sub-contractor or any employee of any sub-contractor by the
COUNTY at the present time or in the future.
Conflict of Interest:
If at any time prior to commencement of, or during the term of this CONTRACT, CONTRACTOR or any of its
employees involved in the performance of this CONTRACT shall have or develop an interest in the subject
matter of this CONTRACT that is potentially in conflict with the COUNTY's interest, then CONTRACTOR
shall immediately notify COUNTY of the same. The notification of COUNTY shall be made with sufficient
specificity to enable COUNTY to make an informed judgment as to whether or not COUNTY's interest may
be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, COUNTY
may require CONTRACTOR to take reasonable steps to remove the conflict of interest. COUNTY may also
terminate this CONTRACT according to the provisions herein for termination.
Non-Discrimination in Employment:
COUNTY's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all
qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual
orientation, age, marital status, disability, or veteran status. CONTRACTOR shall comply with all laws
prohibiting discrimination against any employee or applicant for employment on the grounds of race, color,
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creed. religion. national origin, sex, sexual orientation, age, marital status, disability, or veteran status,
except where such constitutes a bona fide occupational qualification.
Furthermore, in those cases in which CONTRACTOR is governed by such laws, CONTRACTOR shall take
affirmative action to insure that applicants are employed, and treated during employment, without regard to
their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or
veteran status. except where such constitutes a bona fide occupational qualification. Such action shall
include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other
forms of compensation benefits, selection for training including apprenticeship, and participation in
recreational and educational activities. In all solicitations or advertisements for employees placed by them or
on their behalf, CONTRACTOR shall state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex or national origin.
The foregoing provisions shall also be binding upon any sub-dontractor, provided that the foregoing provision
shall not apply to contracts or sub-contractors for standard commercial supplies or raw materials, or to sole
proprietorships with no employees.
Non-Discrimination in Client Services:
CONTRACTOR shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age,
marital status sexual crientation, disability, or veteran status; or deny an individual or business any service
or benefits under this CONTRACT; or subject an individual or business to segregation or separate treatment
in any manner related to his/her/its receipt any service or services or other benefits provided under this
CONTRACT; or deny an individual or business an opportunity to participate in any program provided by this
CONTRACT.
Waiver of Noncompetition:
CONTRACTOR irrevocably waives any existing rights which it may have, by contract or otherwise, to require
another person or corporation to refrain from submitting a proposal to or performing work or providing
supplies to the COUNTY, and CONTRACTOR further promises that it will not in the future, directly or
indirectly. induce or solicit any person or corporation to refrain from submitting a bid or proposal to or from
performing work or providing supplies to the COUNTY.
Ownership of Items Produced:
All writings, programs, data, public records or other materials prepared by CONTRACTOR and/or its
consultants or sub-contractors, in connection with performance of this CONTRACT, shall be the sole and
absolute property of COUNTY.
Work Product:
CONTRACTOR will provide COUNTY with all work product and source documents used and/or produced by
the CONTRACTOR including plans, data, maps (digital and paper), reports, photos, videos, marketing
media, client e-mails, access to analytical accounts, and art work within 30 days after termination or
completion of this CONTRACT unless mutually agreed up on by the parties. All work product shall belong to
the COUNTY
Patent/Copyright Infringement:
CONTRACTOR will defend and indemnify COUNTY from any claimed action, cause or demand brought
against COUNTY, to the extent such action is based on the claim that information supplied by the
CONTRACTOR infringes any patent or copyright. CONTRACTOR will pay those costs and damages
attributable to any such claims that are finally awarded against COUNTY in any action. Such defense and
payments are conditioned upon the following:
A. CONTRACTOR shall be notified promptly in writing by COUNTY of any notice of such claim.
B. CONTRACTOR shall have the right, hereunder, at its option and expense, to obtain for COUNTY the right
to continue using the information, in the event such claim of infringement, is made, provided no reduction in
performance or loss results to COUNTY.
Confidentiality:
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CONTRACTOR, its employees, sub-contractors, and their employees shall maintain the confidentiality of all
information provided by COUNTY or acquired by CONTRACTOR in performance of this CONTRACT, except
upon the prior written consent of the COUNTY or an order entered by a court after having acquired
jurisdiction over COUNTY. CONTRACTOR shall immediately give to COUNTY notice of any judicial
proceeding seeking disclosure of such information. CONTRACTOR shall indemnify and hold harmless
COUNTY, its officials, agents or employees from all loss or expense, including, but not limited to,
settlements,judgments, setoffs, attorneys' fees and costs resulting from CONTRACTOR's breach of this
provision
Right to Review:
This CONTRACT is subject to review by any Federal, State or COUNTY auditor. COUNTY or its designee
shall have the right to review and monitor the financial and service components of this program by whatever
means are deemed expedient by the Administrative Officer or by COUNTY's Auditor's Office. Such.review
may occur with or without notice and may include, but is not limited to, on-site inspection by COUNTY agents
or employees. inspection of all records or other materials which COUNTY deems pertinent to the
CONTRACT and its performance, and any and all communications with or evaluations by service recipients
under this CONTRACT. CONTRACTOR shall preserve and maintain all financial records and records
relating to the performance of work under this CONTRACT for six(6) years after CONTRACT termination.
and shall make them available for such review, within Mason County, State of Washington, upon request.
'CONTRACTOR also agrees to notify the Administrative Officer in advance of any inspections, audits, or
program review by any individual, agency, or governmental unit whose purpose is to review the services
provided within the terms of this CONTRACT. If no advance notice is given to CONTRACTOR, then
CONTRACTOR agrees to notify the Administrative Officer as soon as it is practical.
Insurance Requirements:
CONTRACTOR is required to provide insurance as detailed and stipulated in "EXHIBIT C Insurance
Requirements."
Proof of Insurance:
A certificate of insurance is attached hereto as"Exhibit D Certificate of Insurance."
Industrial Insurance Waiver:
With respect to the performance of this CONTRACT and as to claims against COUNTY, its officers, agents
and employees, CONTRACTOR expressly waives its immunity under Title 51 of the Revised Code of
Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to
indemnify, defend and hold harmless provided in this CONTRACT extend to any claim brought by or on
behalf of any employee of CONTRACTOR. This waiver is mutually negotiated by the parties to this
CONTRACT.
CONTRACTOR Commitments,Warranties and Representations:
Any written commitment received from CONTRACTOR concerning this CONTRACT shall be binding upon
CONTRACTOR, unless otherwise specifically provided herein with reference to this paragraph. Failure of
CONTRACTOR to fulfill such a commitment shall render CONTRACTOR liable for damages to COUNTY. A
commitment includes, but is not limited to, any representation made prior to execution of this CONTRACT,
whether or not incorporated elsewhere herein by reference, as to performance of services or equipment,
prices or options for future acquisition to remain in effect for a fixed period, or warranties.
Defense and Indemnity Contract:
Indemnification by CONTRACTOR. To the fullest extent permitted by law, CONTRACTOR agrees to
indemnify. defend and hold COUNTY and its departments, elected and appointed officials, employees,
agents and volunteers, harmless from and against any and all claims, damages, losses and expenses,
including but not limited to court costs, attorney's fees and alternative dispute resolution costs, for any
personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any
property (including the loss of use resulting therefrom)which 1)are caused in whole or in part by any act or
omission. negligent or otherwise, of the CONTRACTOR, its employees, agents or volunteers or
CONTRACTOR's subcontractors and their employees, agents or volunteers; or 2) are directly or indirectly
arising out of, resulting from, or in connection with performance of this CONTRACT; or 3) are based upon
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CONTRACTOR's or its subcontractors' use of, presence upon or proximity to the property of COUNTY. This
indemnification obligation of CONTRACTOR shall not apply in the limited circumstance where the claim,
damage. loss or expense is caused by the sole negligence of COUNTY. This indemnification obligation of
the CONTRACTOR shall not be limited in any way by the Washington State Industrial Insurance Act, RCW
Title 51, or by application of any other workmen's compensation act, disability benefit act or other employee
benefit act. and the CONTRACTOR hereby expressly waives any immunity afforded by such acts. The
foregoing indemnification obligations of the CONTRACTOR are a material inducement to COUNTY to enter
into this CONTRACT, are reflected in CONTRACTOR's5gmpz,,nsation, and have been mutually negotiated
by the parties f
Provider's initials acknowledging indemnity terms:
Participation by County—No Waiver. COUNTY reserves the right, but not the obligation, to participate in the
defense of any claim, damages, losses or expenses and such participation shall not constitute a waiver of
CONTRACTOR's indemnity obligations under this CONTRACT.
Survival of CONTRACTOR's Indemnity Obligations. CONTRACTOR agrees all CONTRACTOR's indemnity
obligations shall survive the completion, expiration or termination of this CONTRACT.
Indemnity by Subcontractors. In the event the CONTRACTOR enters into subcontracts to the extent allowed
under this CONTRACT, CONTRACTOR's subcontractors shall indemnify the COUNTY on a basis equal to
or exceeding CONTRACTOR's indemnity obligations to COUNTY.
E-Verify:
The E-Verify contractor program for Mason County applies to contracts of$100,000 or more and
subcontracts for$25,000 or more if the primary contract is for$100,000 or more. CONTRACTOR represents
and warrants that it will, for at least the duration of this CONTRACT, register and participate in the status
verification system for all newly hired employees. The term "employee"as used herein means any person
that is hired to perform work for Mason County. As used herein, "status verification system" means the
Illegal Immigration Reform and Immigration Responsibility Act of 1996 that is operated by the United States
Department of Homeland Security, also known as the E-Verify Program, or any other successor electronic
verification system replacing the E-Verify Program. CONTRACTOR agrees to maintain records of such
compliance and, upon request of the COUNTY, to provide a copy of each such verification to the COUNTY.
CONTRACTOR further represents and warrants that any person assigned to perform services hereunder
meets the employment eligibility requirements of all immigration laws of the State of Washington.
CONTRACTOR understands and agrees that any breach of these warranties may subject CONTRACTOR to
the following: (a)termination of this CONTRACT and ineligibility for any Mason County Contract for up to
three(3) years, with nctice of such cancellation/termination being made public. In the event of such
termination/cancellation, CONTRACTOR would also be liable for any additional costs incurred by the
COUNTY due to contract cancellation or loss of license or permit." CONTRACTOR will review and enroll in
the E-Verify program through this website: www.uscis.gov
Compliance with Applicable Laws, Rules and Regulations:
This CONTRACT shall be subject to all laws, rules, and regulations of the United States of America, the
State of Washington, political subdivisions of the State of Washington and Mason County. CONTRACTOR
also agrees to comply with applicable Federal, State, County or municipal standards for licensing,
certification and operation of facilities and programs, and accreditation and licensing of individuals.
Administration of Contract:
COUNTY hereby appoints, and CONTRACTOR hereby accepts, the Mason County Administrative Services
Manager and his or her designee, as COUNTY's representative, hereinafter referred to as the Administrative
Officer, for the purposes of administering the provisions of this CONTRACT, including COUNTY's right to
receive and act on all reports and documents, and any auditing performed by the COUNTY related to this
CONTRACT.
The Administrative Officer for purposes of this CONTRACT is:
Diane Zoren, Administrative Services Manager
411 North 511' Street
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Shelton, WA 98584
Telephone(360)427-9670 ext. 747
dlz@co.mason.wa.us
Contractor Contact Information:
North Mason'-Resources
Stev ,Ables '
PO
140 NE State Route 300
Belfair, WA 98528
(360)552-2303: i Tf' '=1'
Notice:
Except as set forth elsewhere in the CONTRACT, for all purposes under this CONTRACT except service of
process. notice shall be given by CONTRACTOR to COUNTY's Administrative Officer under this
CONTRACT. Notice to CONTRACTOR for all purposes under this CONTRACT shall be given to the
address provided by CONTRACTOR herein above in the"Contractor Information" section. Notice may be
given by delivery or by depositing in the U.S. mail.
Modifications:
Either party may request changes in the CONTRACT. Any and all agreed modifications, to be valid and
binding upon either party, shall be in writing and signed by both of the parties.
Termination for Default:
If CONTRACTOR defaults by failing to perform any of the obligations of the CONTRACT or becomes
insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for
the benefit of creditors, COUNTY may, by depositing written notice to CONTRACTOR in the U.S. mail,
terminate the CONTRACT, and at COUNTY's option, obtain performance of the work elsewhere. If the
CONTRACT is terminated for default, CONTRACTOR shall not be entitled to receive any further payments
under the CONTRACT until all work called for has been fully performed. Any extra cost or damage to
COUNTY resulting from such default(s) shall be deducted from any money.due or coming due to
CONTRACTOR. CONTRACTOR shall bear any extra expenses incurred by COUNTY in completing the
work, including all increased costs for completing the work, and all damage sustained, or which may be
sustained by COUNTY by reason of such default.
If a notice of termination for default has been issued and it is later determined for any reason that
CONTRACTOR was not in default, the rights and obligations of the parties shall be the same as if the notice
of termination had been issued pursuant to the Termination for Public Convenience paragraph hereof.
Termination for Public Convenience:
COUNTY may terminate this CONTRACT in whole or in part whenever COUNTY determines, in its sole
discretion, that such termination is in the interests of COUNTY. Whenever the CONTRACT is terminated in
accordance with this paragraph, CONTRACTOR shall be entitled to payment for actual work performed in
compliance with Exhibit A Scope-of-Services and Exhibit B Compensation. An equitable adjustment in the
Contract price for partially completed items of work will be made, but such adjustment shall not include
provision for loss of anticipated profit on deleted or uncompleted work. Termination of this CONTRACT by
COUNTY at any time during the term, whether for default or convenience, shall not constitute breach of
CONTRACT by COUNTY.
Termination for Reduced Funding:
COUNTY may terminate this CONTRACT in whole or in part should COUNTY determine, in its sole
discretion, that such termination is necessary due to a decrease in available project-funding including State
and/or Federal grants. Whenever the CONTRACT is terminated in accordance with this paragraph, the
CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A Scope-
of-Services and Exhibit B Compensation.
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Disputes:
Differences between CONTRACTOR and COUNTY, arising under and by virtue of the CONTRACT
Documents, shall be brought to the attention of COUNTY at the earliest possible time in order that such
matters may be settled or other appropriate action promptly taken. Except for such objections as are made
of record in the manne�hereinafter specified and within the time limits stated, the records, orders, rulings,
instructions. and decisions of the Administrative Officer shall be final and conclusive.
Notice of Potential Claims:
CONTRACTOR shall not be entitled to additional compensation which otherwise may be payable, or to
extension of time for(1)any act or failure to act by the Administrative Officer or COUNTY, or(2) the
happening of any event or occurrence, unless CONTRACTOR has given COUNTY a written Notice of
Potential Claim within ten (10)days of the commencement of the act, failure, or event giving rise to the claim,
and before final payment by COUNTY. The written Notice of Potential Claim shall set forth the reasons for
which CONTRACTOR believes additional compensation or extension of time is due, the nature of the cost
involved. and insofar as possible, the amount of the potential claim. CONTRACTOR shall keep full and
complete daily records of the work performed, labor and material used, and all costs and additional time
claimed to be additional.
Detailed Claim:
CONTRACTOR shall not be entitled to claim any such additional compensation, or extension of time, unless
within thirty(30) days of the accomplishment of the portion of the wcrk from which the claim arose, and
before final payment by COUNTY, CONTRACTOR has given COUNTY a detailed written statement of each
element of cost or other compensation requested and of all elements of additional time required, and copies
of any supporting documents evidencing the amount or the extension of time claimed to be due.
Arbitration:
Other than claims for injunctive relief brought by a party hereto (which may be brought either in court or
pursuant to this arbitration provision), and consistent with the provisions hereinabove, any claim, dispute or
controversy between the parties under, arising out of, or related to this CONTRACT or otherwise, including
issues of specific performance, shall be determined by arbitration in Shelton, Washington, under the
applicable American Arbitration Association (AAA) rules in effect on the date hereof, as modified by this
CONTRACT. There shall be one arbitrator selected by the parties within ten (10) days of the arbitration
demand, or if not, by the AAA or any other group having similar credentials. Any issue about whether a
claim is covered by this CONTRACT shall be determined by the arbitrator. The arbitrator shall apply
substantive law and may award injunctive relief, equitable relief(including specific performance), or any
other remedy available from a judge, including expenses, costs and attorney fees to the prevailing party and
pre-award interest, but shall not have the power to award punitive damages. The decision of the arbitrator
shall be final and binding and an order confirming the award or judgment upon the award may be entered in
any court having jurisdiction. The parties agree that the decision of the arbitrator shall be the sole and
exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the
request of either party made not later than forty-five(45)days after the arbitration demand, the parties agree
to submit the dispute to nonbinding mediation, which shall not delay the arbitration hearing date: provided,
that either party may decline to mediate and proceed with arbitration.
Venue and Choice of Law:
In the event that any litigation should arise concerning the construction or interpretation of any of the terms of
this CONTRACT, the venue of such action of litigation shall be in the courts of the State of Washington in
and for the County of Mason. Unless otherwise specified herein, this CONTRACT shall be governed by the
laws of Mason County and the State of Washington.
Severability:
If any term or condition of this CONTRACT or the application thereof to any person(s) or circumstances is
held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect
without the invalid term, condition or application. To this end, the terms and conditions of this CONTRACT
are declared severable.
CAUserslNMR\Downloads\North Mason Resources-Draft.docx Page 8 of 14
Waiver:
Waiver of any breach or condition of this CONTRACT shall not be deemed a waiver of any prior or
subsequent breach. No term or condition of this CONTRACT shall be held to be waived, modified or deleted
except by an instrument, in writing, signed by the parties hereto. The failure of COUNTY to insist upon strict
performance of any of the covenants of this CONTRACT, or to exercise any option herein conferred in any
one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other
covenants or contracts, but the same shall be and remain in full force and effect.
Order of Precedence:
A. Applicable federal, state and county statutes, regulations, policies, procedures, federal Office of
Management and Budget(OMB) circulars and federal and state executive orders.
B. Funding source agreement(s) including attachments
C. Special Conditions
D. General Conditions
Entire Contract:
This written CONTRACT, comprised of the Request for Proposals as published, Proposal as submitted,
writings signed or otherwise identified and attached hereto, represents the entire CONTRACT between the
parties and supersedes any prior oral statements, discussions or understandings between the parties.
IN WITNESS WHEREOF, COUNTY and CONTRACTOR have executed this CONTRACT as of the date
and year last written below.
NORTH MASON RESOURCES BOARD OF COUNTY COMMISSIONERS
SHELTON,WA MASON COUNTY,WASHINGTON
Steve Abels,�7-2,u,
ct 12,.
a Director Sharon Trask, Chair
Dated: Dated:
APPROVED AS TO FORM:
Tim Whitehead, Chief DPA
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EXHIBIT A
SCOPE OF SERVICES
2020 NORTH MASON RESOURCES
North Mason Resources called "CONTRACTOR"will be responsible for providing the following services as
well as others as detailed throughout this CONTRACT.
CONTRACTOR will provide the following Services:
1. Necessary essential items to the poor and infirm,with a strong preference towards veterans
2 The necessary essential items may include but not be limited to: food, water, shower tokens, bus
passes, hygiene kits, towels, propane, fuel, and blankets
3 Provide quarterly reports that shall include but not be limited to the following information:
• The information on the outreach form provided in 'EXHIBIT E'
• Receipts for all items purchased under this contract
• CONTRACTOR will fulfill reporting requirements as defined in "Exhibit B Compensation"to
this agreement. This information is due to the COUNTY no later than January 31 following
the end of contract year.
CAUsers\NMR\Downloads\North Mason Resources-Draft.docx Page 10 of 14
EXHIBIT B
COMPENSATION
The following costs, which are directly related to necessary items for the poor and infirm, are
allowed:
Food
Water
Shower Tokens
Bus Passes
Hygiene Kits
Towels
Propane
Fuel
Blankets
There shall be no payments made for repairs and maintenance.
There shall be a 10%allowance for administrative costs under this contract. The 10% administrative costs
shall be included as part of the total contract amount, and not over and above the contract amount.
COUNTY shall voucher one quarter of the total contract amount at a time to the Contractor. The
CONTRACTOR shall not receive additional compensation from the County until a detailed accounting of
purchases and disbursements for the prior payment is received. The detailed accounting for the purchases
shall include but not be limited to copies of invoices and a spreadsheet summarizing the invoices with a
grand total of expenditures at the bottom. The detailed accounting for the disbursements shall include but not
be limited to: the information on the outreach form in'EXHIBIT E'
Invoices for the Poor and Infirm Services with a strong preference towards veterans shall not exceed $5,000
including a 10% administrative allowance unless additional awards are made.
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EXHIBIT C
INSURANCE REQUIREMENTS
1. MINIMUM Insurance Requirements:
A. Commercial General Liability Insurance using Insurance Services Office"Commercial General Liability"
policy form CG 00 01, with an edition date prior to 2004, or the exact equivalent. Coverage for an additional
insured shall not be limited to its vicarious liability. Defense costs must be paid in addition to limits. Limits
shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general
aggregate.
B. Workers' Compensation on a state-approved policy form providing statutory benefits as required by law
with employer's liability limits no less than$1,000,000 per accident for all covered losses.
C. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including owned, non-owned
and hired autos, or the exact equivalent. Limits shall be no less than $1,000.000 per accident, combined
single limit. If CONTRACTOR owns no vehicles, this requirement may be satisfied by a non-owned auto
endorsement to the general liability policy described above. If CONTRACTOR or CONTRACTOR's
employees will use personal autos in any way on this project, CONTRACTOR shall obtain evidence of
personal auto liability coverage for each such person.
D. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide
coverage at least as broad as specified for the underlying coverages. Such policy or policies shall include as
insureds those covered by the underlying policies, including additional insureds. Coverage shall be"pay on
behalf', with defense costs payable in addition to policy limits There shall be no cross liability exclusion
precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to
COUNTY for injury to employees of CONTRACTOR r, subcontractors or others involved in the Work. The
scope of coverage provided is subject to approval of COUNTY following receipt of proof of insurance as
required herein.
2. Certificate of Insurance:
A certificate of insurance is attached hereto as"Exhibit D Certificate of Insurance."
3. Basic Stipulations:
A. CONTRACTOR agrees to endorse third party liability coverage required herein to include as additional
insureds COUNTY, its officials, employees and agents, using ISO endorsement CG 20 10 with an edition
date prior to 2004. [if this is a construction contract, ISO endorsement 20 37 also is required.]
CONTRACTOR also agrees to require all contractors, subcontractors, and anyone else involved in this
CONTRACT on behalf of the CONTRACTOR (hereinafter"indemnifying parties") to comply with these
provisions.
B. CONTRACTOR agrees to waive rights of recovery against COUNTY regardless of the applicability of any
insurance proceeds, and to require all indemnifying parties to do likewise.
C. All insurance coverage maintained or procured by CONTRACTOR or required of others by
CONTRACTOR pursuant to this CONTRACT shall be endorsed to delete the subrogation condition as to
COUNTY, or must specifically allow the named insured to waive subrogation prior to a loss.
D. All coverage types and limits required are subject to approval, modification and additional requirements by
COUNTY. CONTRACTOR shall not make any reductions in scope or limits of coverage that may affect
COUNTY's protection without COUNTY's prior written consent.
E. Proof of compliance with these insurance requirements, consisting of endorsements and certificates of
insurance shall be delivered to COUNTY prior to the execution of this CONTRACT. If such proof of
insurance is not delivered as required, or if such insurance is canceled at any time and no replacement
coverage is provided. COUNTY has the right, but not the duty, to obtain any insurance it deems necessary to
C:\Users\NMR\Downloads\North Mason Resources-Draft.docx Page 12 of 14
protect its interests. Any premium so paid by COUNTY shall be charged to and promptly paid by
CONTRACTOR or deducted from sums due CONTRACTOR.
F. It is acknowledged by the parties of this CONTRACT that all insurance coverage required to be provided
by CONTRACTOR or indemnifying party, is intended to apply first and on a primary non-contributing basis in
relation to any other insurance or self-insurance available to COUNTY.
G. CONTRACTOR agrees not to self-insure or to use any self-insured retentions on any portion of the
insurance required herein and further agrees that it will not allow any indemnifying party to self-insure its
obligations to COUNTY. If CONTRACTOR's existing coverage includes a self-insured retention, the self-
insured retention must be declared to the COUNTY. The COUNTY may review options with CONTRACTOR,
which may include reduction or elimination of the self-insured retention, substitution of other coverage, or
other solutions.
H_ CONTRACTOR will renew the required coverage annually as long as COUNTY, or its employees or
agents face an exposure from operations of any type pursuant to this CONTRACT. This obligation applies
whether or not the CONTRACT is canceled or terminated for any reason. Termination of this obligation is not
effective until COUNTY executes a written statement to that effect.
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EXHIBIT D
CERTIFICATE OF INSURANCE
(Placeholder)
C:\Users\NMR\Downloads\North Mason Resources-Draft.docx Page 14 of 14
EXHIBIT E
MASON COUNTY& NORTH MASON RESOURCES OUTREACH FORM
Date: Time:
Location:
Recipient Address:
Name of Recipient:
Phone Number:
Other Contact Info:
Service Provided:
I attest that I am on one of the following:Temporary assistance for needy families, ages,
blind, or diabled assistance benefits, pregnant women assistance benefits, poverty-related
veterans' benefits,food stamps or food stamp benefits transferred electronically, refugee
resettlement benefits, Medicaid, medical care services, or supplemental security income;
AND my household receiving an annual income, after taxes, is up to one hundred fifty(150)
percent or less of the current federally established poverty level.
Check if Veteran p
Signature of Recipient
Dollar value of Service Provided:
Advocate Name:
Signature of Advocate
cov
INTERAGENCY,C;O NTRACT,.
PURPOSE:
On 'December 17 2020. `Govertror inglee. issued Proclamation 20 80, I7QC - Prison
Comm meets.The pmclamation,tempo arily suSpends4he transfer of ne�vly:5eriteiiced felons from
eot�ny;lails. to Department of Coxections' facilities. This Cantraet Ls :entezed:into by County
(i*eurafter Contractor.or County,zrid:the Department,of..Eorrections(ha.einaffer Depattinent.or
DQC) to establish;a temporary per':diem rite.effeci ue during.this temporary suspension and
Contract.ter .This` .oft tract is entered iiifio in accorctaiice vv ih.the provisions of RCW 39.3 ,:and
.RcW 70,48140..
Th cozisiderationof the promises,,payments;cpvenants:and agreements contained in this Contract;
the.parties'agree;as followsa: ,
Affiele I DEFINITIONS.
Section 1:1 Cohti'aetor means the County,pf Washington State.named in the signature:block
of this.Contract:and,its,employees,.licensed practitioners,c4ritractors,vendors,and-volunteers.
Sedfibi 3 2 Contractor:inmate means arty resident of the Iacilrty wire'is riot under .the
he
of:.the,Department,
Section 1.3 Degartriient or DOC..— means the. Department ,of :Corrections. of, the state :of
"Washutgtori,.any division;.:section, office; unit or other enttty of the Department,pr any of rile
ofhcers;or other officials lawfutlp representing tie Depaitinent.
Sectiari-1.4 D.evartmgnt Offeaiiei 'means an mdividual.housed at.a Countty fad ity pending
transfer tp a state prison reception cez#er: This;nclueles courrt sentenced felons,:DOC sanctioned
individuals fg a prison TDOSA ietuxn,or conin unity custody prison.returns,
-Sectiart:It DO.C:Utilization 11>faragenierit'.Qffiee; means::the Departrrien#'s medical ccxritacE
that receives,,reviews;,:and apprgves Contractor's non= ar r lary.and—ti<aordiz ar r rneci cal care
requests to provide necessary medical care to Depar Nu fri ent offenders,'The rse:besk.lS;available
le
a cl"ay,7 dais a week �87g3 6riid during noxmal business h urs-via
email atNarseDesk@DOC1wa gov.
Section :6 Extraordnar�meilical care means rnedicall z�ecPssary psyctizatnc or,clex�tal care.
.. . .
that is ne commoril "availehle thtoi gh:the Fapl ty's:l ealtkt set riees az ri incitxs add tiazial cost
$eci�:oit:1,7' a' c' means-tile Contraeto s zion:-Departnnent:operates coxreci�anal facility,
-used.forthe to corifuiement of Departinent,Sentenced Felons and,Contractor.inmates:,.
'5kaf?of`VVashi.Vori TC Page l.of:]7
bepartmojit of cbrrecw`; ns
custody in.the-Contractor's.Facility.
SecE oin 1] 1, An.Offender day:ends:at xudiiiglit of the day immediately precedmgAhe
day of theSSentented.Felon's.transfer o a:,DQC recepfiton.ceritex.
;Section 113.Z,. An Offender day shall not include any day,tha.is�by'state law Ehe>fii ar►eiai
responsibility.of'ttie'Contractor or any other.Iiiisdiction:
,SeMoii 1:14 'Per diem rate-means the.:amount per day:-that the Department will reimburse_tl-6
Contractor for.hasiig each Sentenced Felon. .Hotzsuig uicludes all in Facility care;ineltidmg but
not limited to; allover fhe.counter.medfq.t-` s;medicai supplies;t caV.t.rnent:alhealtk dentale
°food,and clotiiutg�that are.the same or similar ffit n..ftt provided.to Contiactor inmates.;
.Secttoix:l 31. =Secretary:-rneans_-ffie Secretary of the Department:and delegates authorized-in
w it rtg.:to act.on`fhe Secxetary`s behalf:.
Sectio�t 1.16: Sentenced,Felon-imeans' :an individual sentenced by°a couit-.bf.law to state...prison;
under DOC urisdiction for.sen#ences of morethan 3b5;t3ays and itd vidiials sanctioned.to xetizrn.
to con ftrw en t Sentence d Felans;are teriiporanly detaixied;in County jail unisl transfer fo a'state
receptiainc center y DOC canbbe arranged;
Section 117 ,Wasl i tgton DOC.I eatth.Plan.-means:ihe.bepart nent's Fiealtli Piart: that
destnties :the; rr ed tally necessary medic'I .inenta . health, .anti. dental: ;services available: to.
o.
Departiment.,of£*grs,.as.w.eil,as'the services that are;Ii mted or itot available:':The HT' is riot a.
-contract ee of:se vrces`Io.DOC+SenEenced Felons;
Artid4e11 CONTRACT`TERM/PAY1yIENT
Section,2;1 ContracE Tern.:. This. Canfiaet :commences, on: December 21,: .2Q20, and:
continues through;January 8; 2021, Taus Con#ract;:n ay be.extended :b means of a written
agreement.that zs signed by:an. authorized representative of each:party :to iM CohtracL"This.
Contract supersedes Hall pvious oral aici v+7ritiez► contracts:and agteemerits between the:panes
reIatirig to the confineinentt.care,and'treaiment:of Department::Sentenced.Felons
'Secfi.oit2i2 'TerminationDueto:Non-Ann ropnatiori:ef:Fun&t . .-he temrs: of. tliis-
Contract are eont�ngent upon suffic�ent:appropnafions by the:W ashington$fate I egtslature tatlie
Deo##tientto pay sums pii"Ant to tkus`:Cor tract. If the LegislaWe doesnof.alleicati2 sW eien
appropzxations,this:Contract shall terminate unnedrately without penalty'and without the notice
penocl: The Department.,s friman.,p y responsXble f,I payments_.b the C'ounty or the aervzcea
provided to Sen�encecl Felons prtor'to cori#ract termination,
Secfion:23' Biiliui�:�
'Section 2.8.1 "Per'D e=..
State.of Waslt[ngton. K' Paa 3`of 17
Departtnmt of'Corrections
County, :to a.WC reception center, :for one {I) :week only,-December 21
through 25,:2020 The Departrnerit will return to.�tsreguIar eveig=other week
pick-up schedule oo. JaA.uary 4, 2021. When'DO 'trar►sfers resume, the
Couiity's'picic up.day will;be the;same;day o€-th week.that itwas Before the
:one=week`slzsperision,uizless,.during the':weelr of J.pai ar5r 4 through 8;2021,
the increased ntunibers of :Sentenced Felons to be, transferred.necessitates
scheduling an additional transfer from that facility If.an acldditional"transfer
1s needed them the paxties yvill mutually egree to a transfer time later`that day
:ar on another day-later tl at sane"-.w" C,
$ection.3.3,Z. Conn aetof mill not send TDOC Sentenced pelons from.its facility to:any other
County 7aiior receive DOC Sentenced-. elom..:frvm another County jail.into
its own facility dui ng.the term-,of:."Contract.
Seetion:3:3:3: Contractor".w�31 provide the:Deparfrnent's two reception centers,Washington
Corrections, Center.andTashington .Corrections. Center for Women; with
advance lists of :their 7nconi ng :adam*gns;by the :close: of business, on
De,6nh er 23 2020 dnd December:30,202,0;
Sec'on.3A Public Records. Both- parties a ee -to coin l` 'with Washin on States Public
. . pY �:.... .:
Records Act,RCW 42 56 040:through 42 5 M.
(Actj The Aet::reggires,each patty to makeavailal le
for uaspection:and eopying.nonexempt"pubhc;records:."A"public iecorc"inetudes any"venting
:containing. information :relating -to the: conduct of :goverifinerit -or the:pertonnance of any
goverrzrnental-or prciprietazy f Ynctian prepared,owned,used;.+rrefained&'Iy.-fhe party.` accord
w'th'RCW 42.56-.Vq YJ:
Seri on: :5 Medical Care. Itis tlle.m exit of the parties that Sentenced Felons in the:
Coiit Ai tofs:'fadrty receive:safe appropriate.and cost-Effect a medicgcare consistentwithtlie
care.provideel.to Coritracto inmates 3n_tlie facility `Please see:the Deparfrien'a Health Plar►,and.
Attachment B Pr AuthsiHz' tlon.andM.0dical:B lling:Irtstruct ons for details.
5e+ction$:5 3. Contractor..Respons bili ies..
3.5:1:1 The:Contid t will provide Department Sentenced Felons in:its °facility
with care i4iat-is icleiitical to the care.pi&6&d to Contractor inmates The
Contraetor: proVitie.twenty=four{2 )hour access;to.eineigency neclical:
care': and the most cost-effective, medically appropriate =eth'o(is. pf
transportation and.secur iy for all Sentenced.Felons taken a t.e the Facility
£or>off-site:medical,ease:
3:512 B'..&lr ng oil.day $ :the Contractor is not required to ca11,the,DOC 24
Nurse Uesk.for:pre authorrzatioii for''o#f-sate:inetli cal vsifi or trips to the.
hosf italfarameclical+sznergency,The_Contractor s; owever,.as.acourtesy,
;:asked to inforrn:the DOC I;lurse Desk NurseDeskQdocl.:wag6v,or (360.):
725=$733,.as-soon.-as passible when a Dt)C Sentenced.Feloi As taken off site
;for,medical:care,
Shtesbfl+l�Oh iC L'ageS`bEI '.
Degafineritiif'Cirrections
3.5.3.2 The.Contractor agrees tq-consult w..i..the medical staff'at ii�y DOC.reception.
center'.or prison eceivtng the:Sentenced Eelon arEd to .provide records;
current care;instruehons,,.and aIl.approprrately labeled rnedka#iozis to tl,e
Departri ht.'at the .hne of Depaitmenf*ans-or
:Section 315A Medical Billing..Contractor medical.eg't's incurred far.a Sentenced Felod..s.
medical care:not included:in t`he-per diem rate inay be reiriibursed by the Department
,co usistent_with thus:Contract. ;See Attachment B.Prc-authorization1.
and Medical Billing
Zsttuctions and Attachment C,;Sample lvTedal' illirig`Reunl�ursemei#'Form):
Each Itemised bill hnust:conti idit the.SentericedTelon' name and supporting documentation of
the service provided that includes dates)ofservice,name>of the.pracntoner vuha.orderedthe
serviee,:.detaN of the:servi¢e/item(s)'provided,. prescrcptons(s) provided, the facility(s) that
parouiided:the$ervigOg and a:copy q.f aziyh alth;care claims paid ta.off-site providers {See
Attachment.CE Sample'MinedicalBtlluig RevribursementForm-
All reimbutgernents:claims:must,.also:mcludie docurnenfa# on showing proof of pawngnt b?
.the Contractor.: If billings received:..do riot Cori€ain the eletailed uifts..a. on or.Auppart rig
doc4giels xequdweue- oeCotraci f and not processed..
The Contractor.will submititemized.:biNfor mechcO servrcea..to_bQC tw thin,365,days:after
:the date of service:
:$.ectz"on:3.6 Coritrarf.CooreCuYator: Each party will dentily`a"eoorelinator tvha.is iesporis Ie#or
adn it iste*Ing>the..Contract on behaIE:.T 41 i party,
FoarDOCi Greg Olive' V. olato:r.Manager,CCDj.gjbfiverCW—i 4NA.�C}U:5G0584.3202
pir Couiiiy fiisert`name,title:Om
asl &phoned
Sectio4..3 7 Offender Programis DOC' Sentenced. ;Felons will::nest h-' ::`access to ;any
;programrning;that Contractor may provide to its own inmates,.
Sectibn"5:8 Orieritatian: Upon arrival at the Facility, if not provided prior to:sentencing,.the
Contractor will lingo.print and.pxovrcie`:an.:orier�tatioii for 5eriteneed Belons:..This must include`1.
facxhty; rxles:anci disctplrttary procedures;2) and 3:)vls�tatian rules.
Section 3`9 '`Qotlii�:; "
Sect€on 3 9.1 Clothing and.j.edding fox Sentenced 1 clans tir ll.l e provided and maintained
:`in aecordaitce with,the:"Facility's:pohcies
Section 3:93: The Contractoz mill fuiziish climate'appropriate:;outerwear comparal le io that
provdedto Contractor inmates,.
gecfion 3;10 Programming:: The:Contractor will not be res: vnsil le fnr ODC intake assessments;
or correctional program mmg Those responsibilities will rema%zt with the IDepaX6nent
"State of WaAdniO.on. . K: Page 7:17
DVarbmant of:cbi_e6dibics
Seetzon S. Soope of•Contract.; I Thfs.Contrpa and anyappendices or.exhibzts to itulcarpora e:
aIl the contracts, covenants, ancl:.understancYitgs behnreen the parties: I�Io -prior cantraefi or
' tep eragens shevdr
-OderAandig , verb,d or othermm' , o h oh t l l enffobmable
unless em}iocl ed in th s Contract. T1iLs Contraet.sh4"' notbe altereii, changed,or amended.excep#
by:
mutual consent of he part es;n writing;..
,Section'S:7' :Com iliarice yyith A li'-able Laws The parties.agree:>of all'dines:during.ti
perfonname of their obligations.under this Conttad to strictly:adhere fo all:applicable:federal and
sate T! a d e- m a ons.
TIIIS CONTRAG7` eonsistin o£''seventeen .17 a 'es°aiicl four 4 attacl�n ent5 7s¢xeecited b the a sone
g ( )P g t.) Y P
scgnuiglieldw'wlio warran that they liave.ttie authority to a kkdte:;tlie.Contract,
(insert nazrie of COtJiv'rX` `t!VASIGTON STAFF
DEPARTMWr Oii CORRECTIONS
insert premed name:&: Date) Debra Eisen Date
insert titCe Cgz�tacts Admns#rafoz
Tun L an g ver orAssistant Attorney Gmeral
Approvedl ;
Ile.OfEiee.:of.:tkte VVA State:.Attarner General
Decembert 2020=
State of Wishb-Imon IE. L'age 9 af17
I7epartment.oECp�rections
FOR COUNTY USE
MASON COUNTY COMMISSIONERS
Chair
I
State of Washington K Page 10 of 17
Department of Corrections
Attachment A.
DOC Cafttad Infommation
D.00.Contract CCoorclinator Greg.(31iTer.
■ Corns¢coocernsfissues Monday Fxiday(eXcepE°Hal days) 5;00 am i 0 prim
• Death of ii Senterieed'F&n Work 360-7Z5-.8943
■ Escapee. After h�urs]ho';hdays:3f 0=5.84-320 .
■ :.Leo .olivertd'oc:wa ay.
Medical Issues DOC Nu:besk-,2417
Inform. of extraordinary or off-site w :360;�7254733
med eal..care fl at:vccurs. A d tzonaI contact dvnmg'busiztess hourS
NurseDesk@doel:Vva_gov:
3VI'edicaZ.B lliztg Medical.DubursetWdiit.Unit
Requests`for.reiinbursement for.off= DOCi3�c3icalRAB@docl.w.a gov
site-Atid emergency Medical dare i of 360=725-8298'
.included in fle.per.de :tafe:. ■ Fax:36i156-7320
Concerns:.after normal busines.4)hours.-
DOC Waizaiits.Desk=2417
(For referrdl.Eo Elie tppi-opnWd -utij Off coil
� 36a-7L5,B888�
Pending D..00.:Transfer:Lists Reception Center Contacts
■ For males,.t%17asiiilgtQnorrections,Center at
Send list of`incozning DOC doc'dlwc&gcqj.
L@do vva sort...
admissions to Reception Center l'or€eirialesNashuigtosi.Correctiai Center
Contacts by=close of business on for Women at,dociilwccwrecords@doc:wa.kov.
12 23I2020;:and:12/3. 12020.. Tula Burgess,Recoils Manager..
tina.bureess0a�,doc wa goy o 360-629 7514t
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ATTACHMENTD
:PER D.M.m BTLI ING FORM
_. ... Dale
Dalenf Ttaogferm( - Datt equeiting
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LaskliTam¢ PlistName.: RnosYn Daleof giA Gender bt17e. Cause Number[aj: olcin Vag-bile :Senteneq- 17 Io DC Pa meht
State of`•Washirigton ;Pale I.I.WI
Department of Corrections, Attarliei�tD
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Diane Zoren
DEPARTMENT: Support Services EXT: 747
BRIEFING DATE: January 4, 2021
PREVIOUS BRIEFING DATES:
If this is a follow-up briefing, please provide only new information
ITEM: Request from Scott Craig, 1221 Development LLC, to approve an easement
modification agreement for parcels 42012 56 00007 &42012 56 00012 (tax title),
located at Kneeland Plaza.
EXECUTIVE SUMMARY:
Request is from an adjacent land owner to update easement language between the
two parcels that was from 1995.
The request was emailed to Tim Whitehead.
BUDGET IMPACTS: None
RECOMMENDED OR REQUESTED ACTION:
If acceptable, place modified easement on January 19 agenda.
Briefmg Summary 12/22/2020
After recording return to:
1221 Development LLC
333 S State Street#V-134
Lake Oswego, OR 97034
Grantors: Mason County, 1221 Development LLC
Grantees: Same
Abbrev. Legal desc: Lots KK and LL,Correction Plat of Kneeland Plaza
Parcel Nos. 42012 56 00007 and 42012 56 00012
EASEMENT MODIFICATION AGREEMENT
This Agreement is made this day of 2020, between 1221
.Development LLC, a Washington limited liability company, hereinafter referred to as
"1221 Development",and Mason County,a Washington municipal corporation,
hereinafter referred to as"Mason County',for the purpose of modifying a landscape
easement,access and utility easements, and a parking easement,as set forth in
Declaration of Easements recorded April 16, 1996,Auditors File No.625297.
LAND AFFECTED
1221 Development is the owner of land situate in Mason County,Washington, particularly
described as follows:
Lot KK of the Correction Plat of Kneeland Plaza,Volume 10 of Plats, pages 227 to
245, both inclusive, records of Mason County,Washington.
Parcel No.42012 56 00007
Mason County is the owner of land situate in Mason County,Washington, particularly
described as follows:
Lot LL of the Correction Plat of Kneeland Plaza,Volume 10 of Plats, pages 227 to
245, both inclusive, records of Mason County,Washington.
Parcel No.42012 56 00012 t71 4 ai9� s
WHEREAS, in that certain Declaration,of Easements recorded April 16, 1996,Auditor's
File No.625297, hereinafter referred to as"the Declaration",easements for landscape
purposes,access and utility purposes,and parking purposes,were established over,
under and across portions of the Mason County land described herein for the benefit of
the 1221 Development land described herein. The locations of the easements
established in the Declaration was contingent on the establishment of an"access road to
be constructed"from the Northeasterly portion of Mason County's Lot LL,to be
established pursuant to the provisions of Declaration of Covenants, Conditions and
Restrictions Grant of Easements recorded October 21, 1994,Auditor's File No.596654,
hereinafter referred to as"the Plat Declaration".
WHEREAS, in connection with the development plans of 1221 Development for its Lot
KK,the undersigned wish to more precisely describe the easements contemplate by the
Declaration and the Plat Declaration, by specifically describing the access from the
Northeasterly corner of Lot LL to Lot KK. The undersigned also wish to specifically
describe a combined landscape/parking easement.
NOW,THEREFORE,the undersigned hereby declare and establish the following
easements and provisions,which shall hereafter be binding on the undersigned,their
respective successors and/or assigns,and shall be binding upon and run with the titles to
the"Land Affected"as described herein:
1)Establishment of Access Easement.
Mason County hereby declares and establishes, and hereby conveys and quit claims to
1221 Development,a perpetual, non-exclusive easement for ingress and egress for
vehicular and pedestrian access,and for surface water drainage,over, under and across
those portions of Mason County's Lot LL described herein, particularly described as
follows:
See"Exhibit X attached hereto and by this reference made a part hereof.
Said easement shall be for the benefit of, appurtenant to, and run with the title to 1221
Development's Lot KK described herein. Said easement shall also be included among
the reciprocal easements for ingress and egress included among the Common Areas as
defined in the Plat Declaration.
2)Establishment of Landscape/Parking Easement.
Mason County hereby declares and.establishes, and hereby conveys and quit claims to
1221 Development,a perpetual, non-exclusive easement for landscaping and for
vehicular parking purposes, over and across those portions of Mason County's Lot LL
described herein, particularly described as follows:
See"Exhibit B"attached hereto and by this reference made a part hereof.
Said easement shall be for the benefit of, appurtenant to, and run with the title to 1221
Development's Lot KK described herein. Said parking easement only shall also be
included among the reciprocal easements for parking area purposes included among the
Common Areas as defined in the Plat Declaration.
3)General Provisions.
The Access Easement and the Landscape/Parking Easement established herein shall
supersede and replace, in their entirety,the"Landscape Easement',"Access and Utility
Easements"and"Parking Easement"established for the benefit of 1221 Development's
Lot KK in Declaration of Easements recorded April 16, 1996,Auditor's File No.625297
(said Lot KK being referenced therein as Lot G-1). Except as set forth herein,the
provisions of the Declaration shall be unaltered by this Easement Modification
Agreement.
Notwithstanding the provisions of Surveyor's Note No.3 set forth on the Correction Plat
of Kneeland Plaza Volume 10 of Plats, pages 227 to 245, both inclusive, records of
Mason County,Washington,the undersigned hereby acknowledge and affirm the
continuing applicability of the provisions"Article V. Common Areas"of Declaration of
Covenants,Conditions and Restrictions Grant of Easements recorded October 21, 1994,
Auditor's File No.596654 as to all facilities heretofore or hereafter established pursuant
thereto, including, but not limited to,the Access Easement and Landscape/Parking
Easement set forth herein,the existing fenced stormwater drainage pond on Mason
County's Lot LL lying South of the most Southerly corner of 1221 Development's Lot
KK, and potential future utility lines to be hereafter established in connection with the
development of said Lot KK pursuant to the Plat Declaration.
This Easement Modification Agreement shall be binding upon the undersigned,their
successors and assigns, and shall be binding upon,appurtenant to,and run with the titles
to the lands described herein.
EASEMENT MODIFICATION AGREEMENT(Cont.)
1221 Development LLC
By: By:
Its: Its:
STATE OF )
)ss.
COUNTY OF )
On this day personally appeared before me and
,to me known(or proven on the basis of satisfactory
evidence)to be the individuals described in and who executed the within and foregoing
instrument,and acknowledged that they signed the same as the
and , respectively, of 1221 DEVELOPMENT LLC,to be the
free and voluntary act and deed of said limited liability company,for the uses and
purposes herein mentioned,and on oath stated that they are authorized to execute said
instrument on behalf of said limited liability company.
GIVEN under my hand and official seal this day of ,2020.
NOTARY PUBLIC in and for the State
of Washington, residing at
My commission expires
Mason County
By: By:
Its: Its:
STATE OF )
)ss.
COUNTY OF )
On this day personally appeared before me and
to me known (or proven on the basis of satisfactory
evidence)to be the individuals described in and who executed the within and foregoing
instrument, and acknowledged that they signed the same as the
and , respectively,of Mason County,to be the free and
voluntary act and deed of said Washington municipal corporation,for the uses and
purposes herein mentioned,and on oath stated that they are authorized to execute said
instrument on behalf of said Washington municipal corporation.
GIVEN under my hand and official seal this day of 2020.
NOTARY PUBLIC in and for the State
of Washington, residing at
My commission expires
EXHIBIT A
IN MASON COUNTY,WASHINGTON
Access Easement
A strip of land,40 feet in width, being 20 feet in width on each side of a centerline,
particularly described as follows:
EXHIBIT B
IN MASON COUNTY,WASHINGTON
Landscape/Parkinq Easement
All that portion of the Northwesterly 100 feet of that portion of Lot LL, Correction Plat of
Kneeland Plaza,Volume 10 of Plats, pages 227 to 245, both inclusive, records of Mason
County,Washington,which lies Northeasterly of the Southwesterly line of Lot KK of said
plat extended South 35 degrees 18'00"East;excepting therefrom, all that portion thereof
which lies within the Access Easement established herein.
SUYPLEH>;NTAL yl`CLARATION OF SHORT SlUBDIVISTKE! (,
FOIL PI11tPOS$S OF H0.U.HDARY' LINE: REVIS IO.N
WA LA CE KNEEL AND QL -D/ .
jj 11 ee'M+'74 Y M All'[ffilr l4 • " ��(•
1)CTrL.tTY s� NEW�LINE stLi `'PARCCL
l.dtlt�r'StLApE �o- PbAla
�i fr•LMI�'S o.. �. 5h i'1
CUpVE DELTA ANGLE RAD.1US ARC `� 1 Z
�' 1 rs-01'4 `' 64Z.si 168 57 �:,. �; s_.. ` � i c 0
C-2 00.33.0 .` 64267
LINE GEARING DIsXANCE'
L I N ar 021551w
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This d:LH s-h:a co. ply
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'With a.l1 t e n s-
placed on ". LAND
PLA6A E'LA an equire _
ments d cr ed in th;e
Final 1 Agemen.t. .�,
dated u itre3r 1995 ' ��1 �►.� ` Y^
inclu extens; on:s of
uti er laity 'Stand- t A
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!Date
AAp ou SCANDI'A 75=1908,
JOB No..4971:b
city Of. 'Shelton- P14nnnq Df..rector 5 `
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S 88'06'19' E 114.45
-L— -e------ - -----�— � f//' //� `9 N 8802'55" W
60.00
PROPOSED ROAD
CaRESS AND \ ma's \ FOUND 51811 �RMA // ��' D 8 N 8746'21" w 16L' -
ASEMENT Z�\o� \\ 0.48E ST �Z�� \��' ®� 64 49.17 5
U1T�1 �r ��\ \ // ®® / �y0 P p D Dsp .�g kg
�N PLAT OF y \ 5 63 I a
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►5�' �' ` . �---- DASHED LINE = PROPOSED EASEMENT
32 a AREA TO ENCOMPASS IMPRovEMENTS AS a
N 66.gk ♦ TO 15E CONSTRUCTED PER ENC-rINEE'R'S I
i
13gia�/ 5 ♦�, PLANS. SEE A.F. NO. 625291, WH1C1-I REFERS
\ �' ��'�ky VJ� // ♦`s TO EASEMENTS DEPENDENT ON SAID
j a`' 66• '��/ // ♦ FUTURE IMPROVEMENTS40
3� s
\ / / Q� // \� / / { ♦,tea +127'
AEG � / Gip D � ♦
PORTIONS OF THE ACCESS,
// �i �.? �,♦ \ �"(0 // AND PARKING E'A5EMENTS I
/ ( s♦ \ \ I NO, 625297 ARE INDEFINA5L
��,�f.� ♦ \ \ / �� DEPENDENT ON THE LOGAT
�°�,g�r ' ` \\ \� /` ,♦ ROAD, WHICH 15 NOT YET Cc
��♦ ���b LOT "KK" OF CORRECTION PLAT OF KNEELAND PLAZA
DOES NOT CLOSE MATHEI"IATICALLY: DISTANCE ON WEST
LINE OF LOT "KK" 15 152.19 PER CITY 5J-A. NO. 11-95,
CORRECTION PLAT 514OtU6
NIP*ns-5-14d VOL-10- P9 d�i
CORRECTION PLAT OF KN EELAN D PLAZA
A PORTION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 12, AND
A PORTION OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 13, BOTH OF
TOWNSHIP 20 NORTH, RANGE 4 WEST OF THE WILLAMETTE MERIDIAN
CITY OF SHELTON, MASON COUNTY, WASHINGTON
1
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1\ Ler xx �I,
\ ti AREA=O.J7 ACRES AIR 552731
1W WATwINZ l ` / // \ ADDRESS PREFIX.
EAgypN / •G SUITES 160-169
A7N 6002m \ EA 6R�ANTED„OWIN T \Tm \ � '.2.`. a:.y
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E&SE16M.AND PARKING
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A6 M
l�ClM K \y a� ® YONUYENT FOUND AS NOTED
ON SNEET 2 OF 19
I/]'T FOR WRN CAP'BCE OT
/ J 40'LANDSCAPE MOOR AS SET FOR ORIGINAL C PLAT-NOT
AEN 121111 LOGTEO FOR THIS(:ORRECIION
/ PLAT
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EA ALL A"FL LU 112
308 NO.5172
raAo ±sN } Barghausen
Consulting Engineers, Inc.
_ Land Plann'vig,Survry k Fnry 'ng Speda6s�
CURVE TABLE UNE TADLE '^ 18215 72nd Arenue SouN Nenl,WA 90032
CURVE RADIUS LENGTH TANGCNT DELTA LINE DINECRON DISTANCE o Felt one: 425 251-6222 Fa 425 251-8782
C-1 642.67 174.77 87.93 15145} L-I 55P3136E 50.90' Qy
C-2 642.67 8.57 3.98 DR33D9 L-2 NBB'0255 60.00 'C/OyACI5TE0. S� SE 114 12-20N-4W�NE 114 13-20N-4W
C-J 642.67 160.57 83.98 15'01 41 L IARD
�aa�D1-1s-D2 SHEET 13 OF 19
TA\sm\suAm\vuTs\svzvu}orvc Dale/T,m.:of/w/z000 n:w se.l..1-so sl.vrK.r,•L:
Diane Zoren
From: Scott Craig <scott@1221dev.com>
Sent: Tuesday, December 15, 2020 2:12 PM
To: Diane Zoren
Cc: Sharon Trask
Subject: Re: Request for easement
Attachments: 1221 Deve Parking Area Easement 2020.pdf, old-new easement.pdf, correction plat
map.pdf
Hi Diane—attached is an easement modification agreement and a few supporting files. I own land adjacent to some
County-owned property and wanted to update the easement language between the two parcels that was from
1995. I've had the area surveyed and updated the easement language to be more precise than the hand written notes
in the original BLA. Dennis at Mason County Title drafted the agreement so feel free to contact him with any questions.
And, of course, please let me know if you have any questions for me. Thanks for your help.
Regards, .
Scott Craig
1221 Development LLC
503.490.7675
On Dec 15, 2020, at 12:49 PM, Diane Zoren<Diz@co.mason.wa.us>wrote:
Hello—Cmmr.Trask-forwarded your request for updated easement language to me. Please submit the
document you are requesting the Commissioners sign with a written request explaining the
details. Staff will then review the request and submit to the Commissioners for review. Our next
briefing is January 4 and I will need your request no later than December 22 to be reviewed on January
4. You can email me the documents. Any questions, let me know. Diane
Diane Zoren
Adminstrative Services Manager
Support Services/Commissione'rs' Office
411 North 5th Street
Shelton,WA 98584
360.427.9670 ext.747
dlz@co.mason.wa.us
Mason County complies with the Public Records Act Chapter 42.56 RCW. As such, email sent to and/or
from the County may be subject to public disclosure.
1
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Frank Pinter
DEPARTMENT: Support Services EXT: 530
BRIEFING DATE: 01/041202 f
PREVIOUS BRIEFING DATES: N/A
(if this is a follow-up briefing, please provide only new information)
ITEM: Approval of the January 2021 —December 2023 Collective Bargaining Agreement
(CBA) for Woodworkers Local Lodge W38 IAM representing Mason County Office of Public
Defense staff.
BUDGET IMPACTS: Supplemental—Funded by Ending Fund Balance.
BACKGROUND: The exclusive representatives of Woodworkers Local Lodge W38 IAM
representing Mason County Office of Public Defense staff have reached a tentative.
agreement with Mason County for the 2021-2023 term.
It is noted and commended to the Commissioner's that the parties reached this Agreement
through a very collaborative negotiations process.
RECOMMENDED OR REQUESTED ACTION: Approval of the January 2021 — December
2023 Collective Bargaining Agreement (CBA) for Woodworkers Local Lodge W38 .IAM
representing Mason County Office of Public Defense staff.
ATTACHMENTS: Collective Bargaining Agreement on file with Clerk of the Board.
Briefing Summary 12/22/2020
COLLECTIVE BARGAINING AGREEMENT
By and Between
MASON COUNTY
And
MASON COUNTY OFFICE OF PUBLIC DEFENSE
co
1854
And
WOODWORKERS LOCAL LODGE W38, I.A.M
MacHrAvfl,STs�y
0
O
Q �
Q �
Z � a
n
Nr it S�'���
January 1 , 2021
Through
December 31, 2023
Table of Contents
PREAMBLE...........................................................................................................................................3
ARTICLEI: RECOGNITION..................................................................................................................3
ARTICLE II: GRIEVANCES...................................................................................................................4
ARTICLE IV: RIGHTS OF MANAGEMENT..........................................................................................7
ARTICLE V: NON-DISCRIMINATION...................................................................................................7
ARTICLE VI: WAGES AND BENEFITS................................................................................................7
ARTICLE VII: HOLIDAYS......................................................................................................................9
ARTICLE Vill: VACATION LEAVE........................................................................................................9
ARTICLE XI SICK LEAVE, BEREAVEMENT LEAVE AND FMLA......................................................10
ARTICLE X: CIVIL LEAVE ..................................................................................................................12
ARTICLE XI: LONGEVITY..................................................................................................................13
ARTICLE XII: SAVINGS CLAUSE ......................................................................................................13
ARTICLE XIII: DURATION..................................................................................................................13
2021-2023 Agreement-Mason County Deputy Public Defenders/Woodworkers Local Lodge W38, IAM
Page 2 of 15
PREAMBLE
This Agreement entered into by Mason County and the Mason County Office of Public Defense,
hereinafter referred to as the"Employer" and Woodworkers Local Lodge W38, I.A.M., hereinafter
referred to as the "Union," has as its purpose the promotion of harmonious relations between
Mason County, the Employer and the Union, and the establishment of an equitable and peaceful
procedure for the resolution of differences, in the public interest.
ARTICLE I: RECOGNITION
Section 1. The Employer recognizes the Union as the sole and exclusive bargaining agent for the
purpose of negotiations concerning salaries, hours and other conditions of employment for all full-time
and regular part-time deputy prosecuting attorneys in the Prosecutor's office, hereinafter referred to as
"employee", "employees", "DPA"or"DPAs", except for Rule 9 interns and confidential employees.
Section 2. 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 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 asto 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.
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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 shopstewards.
g. Signatory organization will indemnify, defend,and 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.
ARTICLE II: GRIEVANCES
Section 1. The purpose of this grievance procedure is to promote harmony and efficiency
between the employees and the Employer by providing for the timely settlement of grievances
without fear of discrimination or reprisal.
Section 2. The term "grievance" shall mean any dispute between the Employer and the Union
or an employee covered by this Agreement, concerning the interpretation, application, claim, or
breach or violation of the terms of this Agreement and established personnel matters.
Section 3. Employees will be unimpeded and free from restraint, interference, coercion,
discrimination, or reprisal in seeking adjudication of their grievances.
Section 4. Any time limits stipulated in the grievance procedure may be extended for stated
periods of time by appropriate parties by mutual agreement in writing with copies to the Union
and the Employer.
Section 5. Failure of the Employer to comply with any time limitations of a procedure in this
Article shall automatically permit the aggrieved employee to advance his/her grievance to the next
step of these procedures.
Section 6. A grievance of interest to several employees may be filed as a "group" grievance at
Step 2 of the Grievance Procedure and be processed within the time limits set forth herein.
Either the Union or the Employer may initiate a grievance. The Employer may not grieve the acts
of individual Employees, but rather, only orchestrated acts or actions of authorized
representatives believed to be in conflict with this Agreement. An Employer grievance will not be
subject to Arbitration and may go to mediation.
Section 7. Grievance Procedure
Step 9. Within fourteen (14) calendar days of the incident, giving rise to the grievance or
within fourteen (14) calendar days of the date the grievant knew or reasonably should have
known of the incident-giving rise to the grievance, the employee and/or the shop steward or
other representative of the Union shall discuss the grievance with the Supervisor. The
Supervisor shall notify the employee of any decision on the grievance within fourteen (14)
calendar days of the discussion with the employee.
Step 2. If the grievance is directly related to Termination, Suspension or Article IV, Wages
and Benefits, then within fourteen (14) calendar days after receipt of the response or
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expiration of the time for response in Step 1, the employee and/or Union shall reduce to
writing a statement of the grievance, which shall contain the following:
(1) the facts upon which the grievance is based;
(2) the Article(s) and/or Section(s) of the Agreement allegedly violated; and
(3) the remedy sought.
The written grievance shall be filed with the Human Resources Director, with a copy to the
Supervisor. The Human Resources Director shall schedule a meeting with the Union
Representative, affected employee(s) and the Supervisor(or designee) to hear and seek to
resolve the grievance. Within fourteen (14) calendar days of the meeting, the Human
Resources Director shall provide a written response to the Union Representative,
employee(s) and the Supervisor. If the grievance is not resolved at Step 2, it may be
advanced to arbitration by the Union.
Section 8. Grievance Arbitration
A. Should the Union choose to advance the grievance to arbitration, written notification of its
intent to arbitrate shall be submitted to the Supervisor and Human Resources Director
within fourteen (14) calendar days of receiving the written response in Step 2. Thereafter,
the parties will attempt to agree on an arbitrator to hear the grievance. If the parties are
unable to agree to an arbitrator, then a list of nine (9) names shall be jointly requested by
the parties from the Public Employment Relations Commission (PERC) within thirty (30)
calendar days of the date the Union filed its notice of intent to arbitrate with the County.
B. If a list of 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.
C. The Parties shall jointly submit a written referral to the arbitrator that will contain the following:
1) A stipulated agreement of the question or questions at issue. If unable to stipulate,
parties shall frame their own question or questions and the arbitrator shall have
authority to define the question as a first order of business at any subsequent
hearing;
2) Statement of facts and position of each respective party; and
3) Copy of the grievance and related correspondence.
The arbitration hearing shall be scheduled at a date, time and location mutually acceptable to
the parties.
D. For any grievance arbitration proceeding held pursuant to this Article, it is understood as
follows:
1) 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.
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2) 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.
3) Each party may call witnesses. 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.
4) 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.
5) 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.
ARTICLE III: RIGHTS OF MANAGEMENT
Subject to the terms of this Agreement, it is understood and agreed that the County possesses
the sole right to operate the Mason County Public Defense, whether heretofore or herein after
exercised, and regardless of the frequency or infrequency of the exercise. It is expressly
recognized that such rights include, but are not limited to the following:
A. To determine the Mason County Public Defense mission, policies and set forth all
standards of service offered to the public.
B. To Plan, direct, control and determine the operations or services to be conducted by the
employees.
C. To utilize personnel, methods and means in the most appropriate and efficient manner
possible.
D. To manage and direct the employees of the Public Defense Office
E. To hire, promote, transfer, train, evaluate performance and retain employees in positions
of the Public Defense Office
F. To establish work rules and rules of conduct
G. To determine the size and composition of the work force and to lay off employees in the
event of lack of work or funds. If a layoff is imminent due to a lack of funds or work, the
parties shall meet to discuss efforts to preserve the bargaining unit workforce and develop
potential alternatives to curtailment.
H. Determine the methods, maintenance, equipment, number and kinds of personnel, the
job, work, or position content required to accomplish governmental operations and
maintain the efficiency and safety of those operations.
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I. Determine and change the number and locations and types of operations, processes and
materials to be used in carrying out all County functions.
J. Control departmental budgets and financial policies, including accounting procedures.
K. Take whatever actions are necessary in emergencies or exigent circumstances in order
to ensure the proper function of the Public Defense Office. Exigent circumstances are
declared by the Board of County Commissioners or designee in writing and are
circumstances which, through no fault of the employer, result in a situation that impacts
safety of efficient operation.
L. The Union and the employer will work together to develop and implement a system of
Case Load weighting or Case Load distribution that is beneficial to both the employer and
employees.
ARTICLE IV: NON-DISCRIMINATION
Section 1. Neither the Employer, Union, nor any employee shall in any manner whatsoever
discriminate against any employee on the basis of race, color, religion, creed, sex, marital status,
national origin, age, or sensory, mental or physical handicaps; Except,that such factors may be considered
in employment decisions where determined to be a bona fide occupational qualification under the
guidelines promulgated by the Federal Equal Employment opportunity commission.
Section 2. Where the masculine or feminine gender is used in this agreement, it is used solely for the
purpose of illustration, and shall not be construed to indicate the required sex of any employee.
Section 3. No employee shall be discharged or discriminated against for engaging in lawful Union
activities, fulfilling duties as an officer in the union, serving on a Union committee or member thereof, or
exercising the employee's rights as a Union member, or for acting in compliance with the rules of
professional conduct as mandated by the Washington State Supreme Court.
ARTICLE V: WAGES AND BENEFITS
Section 1. Salaries are set forth in Appendix A. Step increases are contingent on satisfactory
performance. If an employee's performance is unsatisfactory, the Supervisor may defer a
scheduled pay increase for a stipulated period of time or until the employee's job performance is
satisfactory.
Effective January 1, 2021 through December 31, 2023, each employee shall also have his/her base
wage as set forth in Appendix A and adjusted by an across the board (ATB) increase as set forth
below:
INCREASE
1/1/2021 2.00%
1/1/2022 1.75%
1/1/2023 1.75%
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Section 2. The County shall pay any court-sanctioned fine levied against an employee where, in
the reasonable judgment of the Supervisor, such employee .was fined in the good faith
performance of his duties.
Section 3. The County shall pay the regular, active annual dues to the Washington State Bar
Association for each employee covered by this Agreement.
Section 4. The County shall provide indemnification and defense of an employee from liability
that may arise out of the good faith performance of his/her duties.
Section 5. The County shall contribute as below each month during the term of this Agreement
for each eligible employee for medical, dental, vision, and life insurance coverage. This
contribution is to be applied to premiums for PEBB medical and WCIF dental, vision and life or,
with the provision of adequate notice to the County, applied to the premiums of such other carrier
or carriers as designated by the Union.
Eligible employees are those regular full-time and regular part-time employees compensated for
eighty (80) man-hours (excludes vacation, sick and comp time upon separation) or more per
month during the calendar year.
A. Effective January 1, 2021 the contribution shall be increased to one thousand three
hundred sixty two dollars ($1,362) per month during the term of this Agreement for
each eligible employee for medical, dental, vision, and life insurance coverage.
B. Effective January 1, 2022 the contribution shall be increased to one thousand four
hundred fourteen dollars ($1,414) per month during the term of this Agreement for
each eligible employee for medical, dental, vision, and life insurance coverage.
C. Effective January 1, 2023 the contribution shall be increased to one thousand four
hundred sixty-six dollars ($1,466) per month during the term of this Agreement for
each eligible employee for medical, dental, vision, and life insurance coverage.
Section 6. The Employer shall provide an Employee Assistance Program (EAP) benefit for all
bargaining unit employees.
Section 7. In the event either party 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 their control,
the parties agree to meet and negotiate regarding the impacts of any such cost or plan design
impacts and immediately bargain alternative provisions.
Section 8. Clothing Allowance: All employees shall receive, upon presentation of receipt, an
annual clothing reimbursement of up to five hundred dollars ($500) for professional business
attire, not to include accessories and/or undergarments.
Section 9. DUI Hotline Allowance: DUI Hotline is for on-call for DUI Hotline Phone service during
non-duty hours to be rotated throughout the staff based upon an on-call schedule agreed to by Chief
Public Defender and staff. The rate of the stipend will be thirty dollars ($30) per hour for three (3)
hours per week for each week the employee is on call.
Section 10. Continuing Legal Education (CLE): Attorneys will be provided an annual
membership to the WDA (Washington Defender Association) and attendance to the annual WDA
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Conference paid for by the County. Additional flexibility in the training budget will allow for up to one
thousand dollars ($1,000) annually for the office for training and obtaining CLE credits, in addition
to unused WDA training funds, to be used at the discretion and prior approval of the Director.
ARTICLE VI: HOLIDAYS
Section 1. The following is a list of the annual recognized holidays for employees in the
Supervisor's Office:
New Year's Day Labor Da
Martin Luther King Day Veterans' Da
Presidents' Day Thanksgiving Da
Memorial Day Friday after Thanksgiving Da
Independence Day Christmas Eve Da
Two 2 Floating Holidays Christmas Da
Christmas Eve may be taken off based on the operational needs of the County and the prior
approval of the Deputy Public Defender, and if this cannot be accommodated, the employee will
schedule an alternate day with their supervisor's approval.
Section 2. Where there is a conflict or difference between either a federal or state designated
holiday, the parties may agree to honor either one but not both.
Section 3. When a recognized holiday falls on Saturday, the Friday preceding it will be allowed;
and when a recognized holiday falls on a Sunday, the Monday following will be allowed as a
regular paid holiday.
Section 4. Floating holidays may be taken at the discretion of the employee, provided the
approval of the Employer is obtained and one week's advance notice is given. The one-week
notice requirement may be waived by the Employer. Floating holidays not used by the end of the
calendar year during which they accrued will be lost.
ARTICLE VII: VACATION LEAVE
Section 1. Each regular full-time employee shall accrue paid vacation leave as follows:
Years of Continuous Service Annual Accrual
1st through 3rd year of employment 96 hours
4t"through 7t" year of employment 120 hours
8t"through 9t" year of employment 144 hours
10t"through 11t" year of employment 160 hours
12t" through 14t" year of employment 176 hours
15t"through 16t" year of employment 184 hours
17t"through 19t" year of employment 192 hours
20 or more years of employment 200 hours
Section 2. All new employees must satisfactorily complete six(6) months of service to be entitled
to the accrual and use of vacation leave. Regular part-time employees will receive vacation on a
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pro-rata basis. Extra help employees are not eligible for any vacation benefits. Employees do
not accrue vacation benefits during a leave without pay.
Section. 3. Regular full-time employees must work, or be in a paid status, at least eighty (80)
hours in a month to accrue vacation for the month. Regular part-time employees must work, or
be in a paid status, at least in the same proportion to eighty (80) hours as their regular hours are
to full-time employment to accrue vacation leave for that month.
Section 4. The first day of the month of hire shall be the effective date of subsequent increases
in the vacation 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 accrual rate for employees hired between the sixteenth and the last day
of the month.
Section 5. The Supervisor is responsible for scheduling its employees' vacations without undue
disruption of department operations. Leave requests shall normally be submitted, in writing, at
least two weeks prior to taking vacation leave.
Section 6. The maximum vacation leave hours that may be accrued at any point in time is four
hundred (400) hours. No additional vacation leave accrual will be added to the employee's
vacation leave benefit when the maximum accrual of four hundred (400) hours has been attained.
Section 7. Eligible employees will be paid for unused accrued vacation leave upon termination
of employment with Mason County, provided that no employee may receive payment for more
than four hundred (400) hours.
ARTICLE VII1: SICK LEAVE, BEREAVEMENT LEAVE AND FMLA
Section 1. 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.
Regular full-time employees must work or be in a paid status at least eighty (80) hours in a month
to accrue sick leave for the month. Sick leave shall accrue for all regular full-time employees at the
rate of eight (8) hours per month for each month of employment. Regular 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 a full-time
employment. Sick leave cannot be taken before it is actually earned. Sick leave accrual may not
exceed one thousand two hundred (1,200) hours. 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. Authorized
uses of sick leave may be utilized for immediate family as defined below:
"Immediate family"shall be defined as persons related by blood, marriage,
or legal .adoption in the degree of relationship of spouse, registered
domestic partner, grandparent, parent (biological, adoptive, de facto, or
foster parent, stepparent, or legal guardian of an employee or employee's
spouse or registered domestic partner, or a person who stood in loco
parentis when the employee was a minor child), sibling, child (biological,
adopted, or foster child, stepchild, or a child to whom the employee stands
in loco parentis, is a legal guardian, or is a de facto parent, regardless or
age or dependency), grandchild, in compliance with WAC 296-130-030
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and RCW 49.12.270 (or subsequent statutes) and other persons with the
approval of the Employer or designee.
Section 4. A written certificate from an employee's medical provider may be required when the
employee is absent for a period in excess of three (3) days or when a pattern of sick leave use
indicates possible sick leave abuse. To the extent allowed by law, the County also may request the
opinion of a second medical provider, at County expense, to determine whether the employee
suffers from a condition which impairs his/her ability to perform the essential functions of the job.
Section 5. Sick Leave Cash Out: Employees hired before January 1, 2011, shall receive payment
for unused sick leave upon termination of employment with fifteen (15) years of continuous county
service; or upon termination of employment with Mason County when the termination is
contemporaneous with retirement 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. 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.
Section 6. Sick Leave Adjustment for Worker's Compensation:
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, or has exhausted all sick leave, vacation
leave, or comp time, may be substituted.
Section 7. Bereavement Leave: The County will provide regular, full-time and part-time
employees with paid bereavement leave for up to three (3) days in the event of the death of an
immediate family member. Two additional days chargeable to accrued sick leave will be granted
at the request of the employee. Immediate family for purposes of bereavement leave includes
only the employee's spouse, parent, grandparent, child, grandchild, sister, brother, grandmother-
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in-law, grandfather-in-law, mother-in-law, father-in-law, sister-in-law, brother-in-law, son-in-law,
daughter-in-law, aunt, uncle, nephew, or niece.
Section 8. Family Leave: The County and the Union mutual agree to comply with all State and
Federal Family Leave laws (FMLA, RCW 49.78), whichever is more advantageous to the
employee 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.
For purposes of this Article, the definition of"immediate family"will be found in Section 3.
Maternity Leave - Consistent with WAC 162-30-020, the Employer will grant a leave of absence
for a period of temporary disability because of pregnancy or childbirth. This may be in addition to
the leave entitlements of FMLA.
This leave provides female Employees with the right to a leave of absence equivalent to the
disability phase of pregnancy and childbirth. There is no eligibility requirement, however, the
Employer has no obligation to pay for health insurance benefits while on this leave (unless utilized
concurrent with FMLA or otherwise entitled under disability or sick leave paid status).
Leave for temporary disability due to pregnancy or childbirth will be medically verifiable. There is
no limit to the length of the disability phase, except for the right for medical verification and the
right of second opinion at the Employer's expense. At the end of the disability leave, the
Employee is entitled to return to the same job or a similar job of at least the same pay.
Employees must use their accrued sick leave and vacation, if any, during the leave period and,
at their election, any accrued comp time. Once this,paid leave is exhausted, the Employee's leave
may be switched over to unpaid leave.
Section 9. Military Leave: 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. In
addition to benefits granted under USERRA, 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).
Section 10. Leave Without Pay: Except in the case of Family Medical Leave Act related leave
(and/or other protected leaves), an employee may be granted leave without pay with prior
approval of the Supervisor or designee.
ARTICLE IX: CIVIL LEAVE
Section 1. Jury Duty: The County provides all employees leave for jury service. Regular full-
time and part-time employees who have completed their probationary period receive paid jury
duty leave each time they are called for jury service. Payment provided by the courts during
periods of paid jury duty leave must be paid over to the County, excluding expense
reimbursements, such as mileage. You must provide your supervisor with a copy of the jury duty
summons as soon as possible after receiving it. Upon completion of jury duty, you are required
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to provide your supervisor with proof of jury service. Employees who have been released by the
court during their period of jury duty service may be required to report to work.
An employee who is called to jury service for a matter which is discovered to be likely multiple-
week litigation agrees to ask to be excused from such service on the basis of hardship to the
Employer.
Section 2. Witness Duty: All employees summoned to testify in court are allowed time off for
the period they serve as witnesses. If you are paid by the County for time you are testifying,
payment provided by the courts during periods of paid witness duty must be paid over to the
County, excluding expense reimbursements, such as mileage. In general, witness duty leave is
paid unless you are a party in the case.
ARTICLE X: LONGEVITY
Section 1. Longevity: Employees shall receive longevity pay (commencing upon completion of
their 5th year of service) in addition to their base pay as set forth below:
Continuous Years of Service Monthly Amount
61 through 101 Year $65.00
11th through 14th Year $90.00
15th through 19th Year $130.00
201h through 24th Year $150.00
25th Year and Over $165.00
ARTICLE XI: SAVINGS CLAUSE
Should any clause of this Agreement be found to be in violation of any law, all other provisions
shall remain in full force and effect. If any provision in this Agreement is determined to be invalid,
the parties shall meet to renegotiate the substance of the provision if demanded by either party.
ARTICLE XII: DURATION
This Agreement shall be effective upon ratification, and shall remain in full force and effect through
December 31, 2023, by mutual agreement superseding previous Agreements in term and
effective date.
Either party may commence negotiations of a successor agreement by filing written notice to the
other party pursuant to the provisions of Chapter 41.56 RCW.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement this
Day of 2020.
BOARD OF COUNTY COMMISSIONERS WOODWORKERS LOCAL
MASON COUNTY LODGE W38, I.A.M.
Sharon Trask, Chairperson Brad McQua W38 President
Randy Neatherlin, Commissioner
Kevin Shutty, Commissioner
Peter Jones, Deputy Public Defender
Tim Whitehead, Chief Deputy Prosecutor
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APPENDIX A — Salary Table
2021
Reflects 2.0%ATB increase Note: Numbers may vary slightly due to roundin I in MUNIS
CLASSIFICATION STEP 1 STEP 2 1 STEP 3 STEP 4 STEP 5
DEPUTY PUBLIC DEFENDER III $6,998.42 $7,173.64 $7,353.61 $7,537.07 $7,725.19
DEPUTY PUBLIC DEFENDER II $6,185.79 $6,341.01 $6,498.62 $6,660.91 $6,827.92
DEPUTY PUBLIC DEFENDER 1 $5,081.54 $5,362.57 $5,589.56 $5,742.46 $6,035.28
2022
Reflects 1.75%ATB increase Note: Numbers may vary slightly due to roundin in MUNIS
CLASSIFICATION STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
DEPUTY PUBLIC DEFENDER III $7,120.90 $7,299.18 $7,482.30 $7,668.96 $7,860.39
DEPUTY PUBLIC DEFENDER II $6,294.04 $6,451.98 $6,612.35 $6,777.47 $6,947.41
DEPUTY PUBLIC DEFENDER I $5,170.46 $5,456.41 $5,687.38 $5,842.95 $6,140.90
2023
Reflects 1.75%ATB increase Note: Numbers may vary slightly due to roundin 3 in MUNIS
CLASSIFICATION STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
DEPUTY PUBLIC DEFENDER III $7,245.51 $7,426.91 $7,613.24 $7,803.17 $7,997.94
DEPUTY PUBLIC DEFENDER II $6,404.19 $6,564.89 $6,728.07 $6,896.08 $7,068.99
DEPUTY PUBLIC DEFENDER 1 $5,260.95 $5,551.90 $5,786.91 $5,945.20 $6,248.36
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MASON COUNTY PUBLIC WORKS—COMMISSIONER BRIEFING
JANUARY 4,2021
Briefing Items
• Purchase of 45 E-One Grinder Pumps and conversion kits from Correct Equipment as a
sole source purchase, estimated to cost$92,500.
Discussion Items
Commissioner Follow-Up Items
Upcoming Calendar/Action Items
• Hearing for franchise agreement renewal with Sunrise Beach Water System scheduled for
January 5, 2021 @9:15am
Attendees:
Commissioners: Public Works: Other Dept. Staff: Public:
_Randy Neatherlin _Loretta.Swanson
_Kevin Shutty _Mike Collins
_Sharon Trask _Richard Dickinson
Other(list below):
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Richard Dickinson, Deputy Director/ Utilities and Waste Management
DEPARTMENT: Public Works EXT: 652
BRIEFING DATE: January 4, 2021
PREVIOUS BRIEFING DATE:
ITEM: Bulk Purchase of Grinder Pumps from Correct Equipment
EXECUTIVE SUMMARY:
Mason County has a service maintenance agreement with Correct Equipment that was approved
on December 13, 2018 and extended by amendment in December 2020 to provide grinder pump
system services/purchases for the North Bay and Belfair Sewer Systems. This agreement includes
a sole source procurement resolution that allows the purchase of these services without
proceeding to secure competitive bids, estimated at $200,000. (Res. No. 79-18, adopted
November 27, 2018). Due to the age of the pumps and the limited availability of parts, many of
the service problems result in the purchase of a new pumps.
With a bulk purchase of 45 grinder pumps in 2020 and the continued need for Correct Equipment
to continue maintenance activities under the current agreement (to not exceed the contract
amount), Public Works is requesting the Board authorized the sole source purchase of another 45
grinder pumps to take advantage of the discount Correct Equipment has offered through their
vendor for large orders (minimum purchase of 45).
The current price of one replacement pump is $2,647.67 (includes shipping and the necessary
conversion kit for a new pump). If the County purchases 45 pumps, the total cost of each pump
would be $1,894.33. This is a savings of 39.8%, equal to $753.34 per pump.
Cost Impact to the County
Purchasing the 45 pumps at a bulk rate would be $92,284.68 and 45 pumps in any quantity less
would be $129,272.33. A bulk purchase would save the County $36,781.50.
The pumps would be paid for primarily out of North Bay Fund #403, with 5% out of Belfair Fund
#413. As the North Bay system is older almost all of the pump replacements are on that system.
We do have the money in our 2020 budget for a size of this order and based on last year we will
use up the existing pump inventory by March 2021.
RECOMMENDATION: Recommend the Board authorize the County to purchase 45 grinder
pumps and conversion kits as a sole source purchase from Correct Equipment estimated to cost
$92,500.
ATTACHMENTS:
1. Sole Source Resolution
2. Sole Source Justification Form
3. Correct Equipment Quote
Briefing Summary
RESOLUTION NO.
A RESOLUTION WAIVING PUBLIC BIDDING REQUIREMENTS AND APPROVING
A SOLE SOURCE PROCURMENT FOR THE PURCHASE OF E-ONE GRINDER PUMPS FOR
COUNTY MAINTAINED AND OPERATED GRINDER PUMP SYSTEMS
WHEREAS, Mason County is responsible for the maintenance and operation of approximately 450
grinder pump systems for single-family residential properties that have been designated as low-pressure
sewer areas that connect to either the North Bay Sewer System or the Belfair Sewer System; and
WHEREAS, many of the pumps used at the North Bay Sewer System have met their maximum
operational lifespan and the availability of parts for these older systems are limited.
WHEREAS,the County has been upgrading the older pumps to the newer E-One pump, given that
they are the only pumps that fit the size of the older tanks; and
WHEREAS, the County currently has a maintenance services agreement with Correct Equipment,
which are the only licensed supplier of the E-One Pumps in Washington State to provide the replacement
parts and pumps that meet our specifications.
WHEREAS, RCW 39.04.280(1) (a) specifies exemption to competitive bidding if the purchase is
clearly and legitimately limited to a single source supplier;
NOW,THEREFORE, BE IT RESOLVED, by the Board of Mason County Commissioners as follows:
1. Correction Equipment is a sole source supplier of the E-one grinder pumps that are used at the
North Bay Sewer and Belfair Sewer Systems.
2.That the County is authorized to purchase (45) E-One Grinder Pumps without proceeding to
secure competitive bids, estimated at$93,000.
ADOPTED this day of , 2021
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
ATTEST:
Sharon Trask, Chair
Melissa Drewry, Clerk of the Board
Randy Neatherlin,Vice Chair
APPROVED AS TO FORM:
Kevin Shutty, Commissioner
Tim Whitehead, Ch. DPA
Mc ° MASON COUNTY
` s N SOLE SOURCE JUSTIFICATION FORM
OT Z
27. Y
Date: January 4, 2021
Mesa
Department: Public Works Department Contact: Richard Dickinson, Ext. 652
Recommended Vendor: Correct Equipment
Address: 14576 NE 95th Street, Redmond,WA 98052 Phone: 877.371.4555
Cost Estimate: $92,500.
Describe the item requested and its function: E-One Grinder Pumps and Conversion Kits
1. Check the reasons for the sole source request:
® Sole Source: No other items are known to exist which performs the same function
❑ Special Design: Item is of specific design to fit in with an existing installation
❑ Consultant: Providing professional or technical expertise of a unique nature or location availability
❑ Proprietary: Item is held under exclusive title,trademark or copyright
® Warranty Service:The vendor is the sole provider of goods and services which the County has
established a standard.
❑ Used item:
3. Is this product available from other sources? ❑ Yes ® No
4. What necessary features does the vendor provide which are not available from other vendors?
Correct Equipment is the only licensed supplier of the specific pumps that the County must use because
of the size of the sewer tanks.
5. Can your requirements be modified so that competitive products or services may be used?
❑ Yes ® No
If yes, please explain modifications and potential costs:
6. How does the recommended vendor's prices or fees compare to the general market?The vendor's price
is reasonable and discounted for buying in bulk.
7. What steps were taken to verify that these features were not available elsewhere?
❑ Other brands manufactures were examined. Provide a list of phone numbers and names and
explain why these did not meet the requirement:
❑ Other vendors were contacted but did not meet the requirements. Provide a list of companies and
phone numbers and why they did not meet the requirements:
® Other, please explain: These pumps are the only ones that fit the older tanks, which have the older
version of the new E-One pumps.
My department's recommendation for sole source is based upon an objective review of the product/service
required and appears to be in the best interest of the County. I know of no conflict of interest on my part or
personal involvement in any way with this request. No gratuities, favors or compromising action have
taken place. Neither has my personal familiarity with particular brands, types of equipment, materials or
firms been a deciding influence on my request to sole source this purchase when there are other known
suppliers to exist.
Elected Official or Director Signature for Approval: !'7 Date: I Z/ 2"2b
Quote
Date Quote#
14576 NE 95th St 11/6/2020 4947
Redmond,WA 98052
877-371-4555
Naive/Address
Mason Co.Util.&Waste Manage
100 West Public Works Drive
Shelton,WA 98584
Job Name ' �� Terms Rep` Pr63ect
NET 30 Days HT
Item` Descrtpttdn Qty Cost,,' Total
El D200AOIAOIAA Part#D200AOIAOIAA 45 1,879.00 84,555.00T
240 Volt Model Wired Pressure Switch Level Sensing 7'
Core Cable Candy Cane Discharge.
No Tank-Core only
Freight Freight Estimate(prepay and add)*****Freight is only 1 500.00 500.00T
Estimated and will be adjusted upon delivery. Please note:
Your freight charges may differ from the freight estimated
Mason County 8.50% 7,229.68
Total $92,284.68
Toll Free:877-371-4555 www.correctequipment.com Fax:425-869-1033
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
d
FROM: Dave Windom / Todd Parker
DEPARTMENT: Community Services EXT: 260
BRIEFING DATE: 1/4/21
PREVIOUS BRIEFING DATES: 8/3/20
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:
Department of Commerce Eviction Rent Assistance Program Grant (ERAP)
EXECUTIVE SUMMARY: (If applicable, please include available options and potential
solutions):
The Department of Commerce Housing Assistance Unit received approval from the state
Office of Financial Management to amend your Eviction Rent Assistance Program grant
with a new end date of June 30, 2021. Currently, The Department of Commerce is on
standby to add or amend funds.
BUDGET IMPACT:
None
PUBLIC OUTREACH:(include any legal requirements, direct notice,website,community
meetings, etc.)
n/a
RECOMMENDED OR REQUESTED ACTION:
Approval to move amendment to the January 5 action agenda
ATTACHMENTS:
ERAP Amendment A
Briefing Summary 12/23/2020
Amendment
Grant Number:21-4614C-117
Amendment Number:A
Washington State Department of Commerce
Community Services and Housing Division
Housing Assistance Unit
Eviction Rent Assistance Program RAP
1.Grantee 2.Grantee Doing Business As(optional)
Mason County Health Services
415N6THST
SHELTON,WA 98584
3. Grantee Representative 4.COMMERCE Representative
Casey Bingham Kathryn Dodge P.O.Box 42525
Fiscal Manager Grant Manager 1011 Plum Street SE
360-427-9670 ext 562 (360)764-9682 Olympia,WA 98504-2525
caseyb@co.mason.wa.us kathryn.dodge@commerce.wa.gov
5. Original Grant Amount 6.Amendment Amount 7.New Grant Amount
(and any previous amendments)
$500,876.00 $0.00 $500,876.00
8.Amendment Funding Source 9.Amendment Start Date 10.Amendment End Date
Federal:X State: Other: N/A: December 31,2020 June 30,2021
11.Federal Funds(as applicable): Federal Agency: CFDA Number:
$500,876.00 US Dept. of the Treasury 21.019
12.Amendment Purpose:
Extends grant end date to June 30,2021.
COMMERCE, defined as the Department of Commerce,and the Grantee,as defined above,acknowledge and accept the terms of
this Grant As Amended and attachments and have executed this Grant Amendment on the date below to start as of the date and year
referenced above. The rights and obligations of both parties to this Grant As Amended are governed by this Grant Amendment and
the following other documents incorporated by reference: Grant Terms and Conditions including Attachment"A"—Scope of
Work,Attachment`B"—Budget,and Attachment"C"- Grant Guidelines.A copy of this Grant Amendment shall be attached to
and made a part of the original Grant between COMMERCE and the Grantee.Any reference in the original Grant to the"Grant"
shall mean the"Grant as Amended".
FOR GRANTEE FOR COMMERCE
Signature Diane Klontz,Assistant Director
Community Services and Housing Division
Print Name,Title Date
APPROVED AS TO FORM ONLY
Date
Sandra Adix
Assistant Attorney General
3/20/2014
Date
Department of Commerce
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Kell Rowen, CDA &Josh Luck, Lead Building Inspector
DEPARTMENT: Community Services EXT: 286
BRIEFING DATE: January 4, 2021
PREVIOUS BRIEFING DATES: December 7, 2020
ITEM: Discussion of the 2018 Building Code amendments prior to public hearing set
for January 5, 2021.
EXECUTIVE SUMMARY: Mason County is proposing amendments to the Mason
County Code Title 14, in compliance with State Building Code updates.
BUDGET IMPACTS: None
RECOMMENDED OR REQUESTED ACTION: Discussion of amendments to Title 14
and adoption of the 2018 State Building Code amendments prior to hearing set for
1/5/2021.
ATTACHMENTS: None
Briefmg Summary 12/29/2020
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Kell Rowen
DEPARTMENT: Planning EXT: 286
BRIEFING DATE: January 4, 2021
PREVIOUS BRIEFING DATES: February 3 & 10, March 16, and May 4, 2020
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
ITEM: Contract: Planned Action EIS for Belfair Subarea Plan
EXECUTIVE SUMMARY: (If applicable, please include available options and potential
solutions): Mason County Community Services (Planning Department) is working with BERK
Consulting to assist in preparing a Planned Action EIS for a defined area of the Belfair Urban Growth
Area.
The original scope included minimal work to be done on the Cultural Resources section of the EIS.
Due to some recent developments, staff and the consultants agree that the Cultural Resources section
needs more robust work under this Planned Action in order to provide better predictability for future
development.
BUDGET IMPACT: Not known at this time (less than $20,000).
RECOMMENDED OR REQUESTED ACTION: Discussion of budget increase for Cultural
Resources section of the EIS.
ATTACHMENTS: None
Briefmg Summary 12/23/2020
MASON COUNTY:: ..
BRIEFING:ITEM'SUMMARY FORM.
To: Board of.Mason County Commissioners
From:. Coroner Wes Stockwell
D.e..partment: Coroner Ezt:: 752
Briefing Date: 1/4/2021
Previous Briefing Dates:
If this is a follow-up briefing, please provide only new information
Item:
AMENDMENT TO INTERLOCAL AGREEMENT FOR PATHOLOGY SERVICES BETWEEN: :
KITSAP COUNTY AND MASON COUNTY
Executive Summary: (If applicable, please include available options and potential
solutions):
Mason County contracts with Kitsap County for.all pathology services (autopsies,
imaging, toxicology). This document extends the:current:Interlocal Agreement for
3 yea rs.
Budget Impact:
Currently budgeted at$82,5.00 per year. No change from 2020:
Public Outreach:(Include any legal requirements,direct notice,website,community
meetings, etc.)
None
Recommended or Requested Action.-,'. .:
..... ..... .....
Approve: This arrangement is working out well and has decreased private
contractor pathologist fees, down from.$87,000/yr.
Attachments:
Interlocal Agreement KC 327-19-A
Briefing Summary 12/30/2020
KC-327-19-A
FIRST AMENDMENT TO
INTERLOCAL AGREEMENT FOR PATHOLOGY SERVICES
BETWEEN KITSAP COUNTY AND MASON COUNTY
This FIRST AMENDMENT ("Amendment")to the.Interlocal Agreement for KC-327-19 is made by
and between Kitsap County, through the Kitsap:County Coroner's Office, ("Kitsap") and:Mason
County ("Mason"), both political subdivisions of Washington.State.
In consideration.of the mutual benefits and covenants.contained herein; the parties agree that
their Agreement, numbered as Kitsap County Contract No. KC-327-19 ("Agreement")executed
on January 13, 2020, is amended as follows:
1. Section 6. Effective Date/Duration..: The Agreement is.amended to extend the term of
the Agreement for an additional.three (3) years to December:31, 2023,'unless
terminated or extended. This Amendment is effective on January 13, 2021.
2. Sectiorr5. Compensation..The compensation:is $82,500 'each year, which is subject to
increase annually pursuant to RCW 43.09.21-0 to reflect.the true and fair value of the
services provided.
3. Insurance. If this Amendment extends the. expiration date of the Contract, then the
Contractor shall provide an updated certificate of insurance evidencing that any required
insurance coverages are in effect through'the new contract expiration date.The Contractor
shall submit the certificate of:insurahce to: Kitsap County Risk Management Division, 614.
Division_Street, MS-7, Port Orchard, WA 98366
4. Terms Unchanged. Except as expressly provided in this Amendment, all other terms and .
conditions of:the original Agreement, and any subsequent amendments, addenda or
modifications thereto, remain in full force and effect.
5. Counterparts. This Amendment may be executed in several counterparts, each of which
shall be deemed an original, but all of which together shall constitution one and the same
agreement.
6. Authorizations.. The signatories. to this:.Amendment represent that they have been
appropriately authorized.tb enter into this Amendment on behalf of the party for whom they
sign, and that no further action or approvals are :necessary before execution of this
Amendment:
Signature on next page
Page 1 of 1
ss
Dated this day of , 2021 Dated this day of 2021
MASON:COUNTY.CORONERS OFFICE KITSAP COUNTY CORONER'S OFFICE
WES STOCKWELL, CORONER JEFFREY WALLIS, CORONER
Dated this_day of 2021 Dated this_day of 2021
BOARD.OF COUNTY COMMISSIONERS BOARD OF COUNTY COMMISSIONERS
MASON COUNTY,WASHINGTON KITSAP COUNTY, WASHINGTON
RANDY NEATHERLIN, Chair ROBERT GELDER, Chair
KEVIN SHUTTY, Vice Chair EDWARD E. WOLFE, Commissioner
SHARON TRASK, Commissioner, '. CHARLOTTE.GARRIDO,:Commissioner
ATTEST: ATTEST:
McKenzie Smith, Clerk of the Board Dana Daniels, Clerk of the Board
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