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2024/02/13 - Regular Packet
Board of Mason County Commissioners Draft Meeting Agenda Commission Chambers 411 N 5th St, Shelton, WA 98584 February 13, 2024 9:00 a.m. February 13.2 Commission meetings are live streamed at http://www.masonwebtv.com/ Effective May 10, 2022, regular Commission business meetings will be held in -person and via Zoom. Please click the Zoom meeting link posted on the Mason County homepage and use the “raise hand” feature to be recognized by the Chair to provide your comments and testimony. Public comment and testimony can be provided in-person, via e-mail at msmith@masoncountywa.gov; mail in to the Commissioners’ Office at 411 N 5th St, Shelton, WA 98584; or call (360) 427- 9670 ext. 419. If you need to listen to the Commission meeting via telephone, please provide your telephone number to the Commissioners’ Office no later than 4:00 p.m. the Friday before the meeting. 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Correspondence and Organizational Business 4.1 Correspondence 5. Open Forum for Citizen Input Please see above options to provide public comment; 3 minutes per person, 15-minute time limit. 6. Adoption of Agenda Items appearing on the agenda after “Item 10. Public Hearings” may be acted upon before 9:15 a.m. 7. Approval of Minutes – January 2, January 16, and January 30, 2024 Regular Minutes and January 8, January 15, January 22, and January 29, 2024 Briefing Minutes 8. Approval of Action Agenda Items listed under “Action Agenda” may be enacted by one motion unless a Commissioner or citizen requests an item be removed from the Action Agenda and considered a separate item. 8.1 Approval of Warrants and Treasurer Electronic Remittances Claims Clearing Fund Warrant # 8102575-8102788 $8,727,690.38 Direct Deposit Fund Warrant # 103739-104137 $ 885,147.00 Salary Clearing Fund Warrant # 7007917-7007953 $1,186,504.99 Treasurer Electronic Remittances $5,506,604.68 8.2 Approval for the Chair to sign the 2023-2025 Climate Planning Grant with the Department of Commerce for the amount of $125,000. 8.3 Approval of the Resolution amending Resolution no. 2022-057 Mason County Utilities and Waste cash drawers increasing each cash drawer amount from $400 to $500. 8.4 Approval to set a Public Hearing for Tuesday, March 12, 2024 at 9:15 a.m. to review and approve amendments to Mason County Code Chapter 6.68 Water Adequacy Regulation. 8.5 Approval to set a Public Hearing for Tuesday, March 12, 2024 at 9:15 a.m. to review and approve amendments to Mason County Code Section 17.03.020 Water Supply Requirements. 8.6 Approval to set a Public Hearing for Tuesday, March 12, 2024 at 9:15 a.m. to consider the 2024-2029 Capital Improvement Program (CIP) Appendix A. 8.7 Approval for the Chair to sign the Interlocal Agreements between Mason County Public Works and Squaxin Island Tribe, Pioneer School District, Skokomish Indian Tribe, Mason Conservation District, Mason Transit Authority, Department of Natural Resources, Washington State Patrol, City of Tacoma – Public Utilities, Port of Hoodsport, City of Shelton, Port of Grapeview, and Port of Allyn for reimbursable work, supplies, and services. 8.8 Approval for the County Administrator to execute a temporary license agreement with Advanced Technology Construction Corporation for culvert improvement work to the United States Navy railroad. 8.9 Approval of the Interlocal Agreement with Cowlitz County allowing Mason County to use Cowlitz County’s landfill as a disposal site for all acceptable solid waste generated in Mason County. 8.10 Approval of the contract with Mason County Garbage, Inc. for solid waste long haul transportation services. 8.11 Approval of the updated purchase amount from Wildwood Playgrounds NW for the Sandhill playground equipment to include the cost of a concrete barrier for $13,527 for the total cost of $151,854.43. 8.12 Approval of the letter of support for funding to design sewer treatment and collection system infrastructure with sufficient capacity to serve a significant portion of the Puget Sound Industrial Center (PSIC) and Mason County Belfair Urban Growth Area (UGA). 8.13 Approval for the Chair to sign the professional services contract with the Economic Development Council (EDC) for up to $99,000 and approval for the Chair to sign the Memorandum of Understanding (MOU) with the City of Shelton for the satellite wastewater treatment plan headworks upgrades project for up to $125,000, both funded from the Sales and Use Tax .09 Fund no. 103, 2024 Budget. 8.14 Approval of the Resolution amending the Mason County Personnel policy to update overall grammar and formatting, allowing Extra Help employees to receive holiday compensation, Chapter 4.1 defining the work week to be consisted with Collective Bargaining Agreements, Chapter 4.2 updating to Fair Labor Standards Act (FLSA)/exempt employee language, Chapter 5.4 clarifying the reclassification process, Chapter 5.7 streamlining language for compensation upon separation, Chapter 7.9.1 eliminating extra language around premiums and applicable law, Chapter 7.11 defining holiday pay benefit, Chapter 7.14 adding temporary modified-duty assignments, and Chapter 19 adding an Artificial Intelligence (AI) Policy. 8.15 Approval of the Resolution authorizing retroactive payment for specific 2023 exempt employees that were classified as exempt but did not meet the salary threshold rule and should have been classified as non-exempt. 8.16 Approval to appoint Stefanie Herman to the Lewis-Mason-Thurston Area Agency on Aging (LMTAAA) advisory council for a two-year term expiring February 13, 2026. 9. Other Business (Department Heads and Elected Officials) 10. 9:15 a.m. Public Hearings and Items Set for a Certain Time Please see above options to provide public testimony. 10.1 Public Hearing to consider amending Mason County Code Section 16.40.041(1)(a) relating to boundary line adjustments. Staff: Luke Viscusi 11. Board’s Calendar and Reports 12. Adjournment MASON COUNTY TO: Board of Mason County Commissioners Reviewed FROM: Danielle Thompson Ext. 419 DEPARTMENT: Support Services Action Agenda DATE: February 13, 2024 No. 4.1 ITEM: Correspondence 4.1.1 U.S Fish and Wildlife Service sent a copy of the 12-month Findings on Gray Wolves in the Western U.S. 4.1.2 Advisory Board Applications received: ■ Area Agency on Aging—Stefanie Herman ■ Housing and Behavioral Health Board-Tiffany Valderas 4.1.3 Notice of Liquor License discontinuation for license number 404235 received for Washington State Liquor and Cannabis Board. 4.1.4 Received notice of Public Hearing from Washington Department of Transportation regarding SR 3 Freight Corridor—New Alignment 4.1.5 Federal Energy Regulatory Commission sent acknowledgments on the following: ■ Public Safety Plan 2023 Revision, Cushman Project ■ 2023 Annual Dam Safety Inspection Follow Up Items Plan& Schedule, Cushman Project ■ 10-year Spillway GIR Recommendation Status Updates, Cushman Dams Nos. 1 and 2,Cushman Project 4.1.6 U.S. Department of the Interior U.S. Fish and Wildlife Service sent a status review on the Oregon Vesper Sparrow Status Assessment; Request for Information Attachments: Originals on file with the Clerk of the Board. Danielle Thompson From: Ginger Kenyon Sent: Friday, February 2, 2024 12:55 PM To: Danielle Thompson Cc: McKenzie Smith Subject: FW: USFWS 12-month Findings on Gray Wolves in Western U.S. �_6MWW Happy Friday! __. FEB.9 5 2024 From: Lavalle,Andrew J<andrew lavalle@fws.gov> pua.&C:wo Sent: Friday, February 2, 202412:45 PM Subject: USFWS 12-month Findings on Gray Wolves in Western U.S. Caution:External Email Warning[This email has originated from outside of the Mason County Network. Do not click links or open attachments unless you recognize the sender, are expecting the email, and know the content is safe. If a link sends you to a website where you are asked to validate using your Account and Password, DO NOT DO SO! Instead, report the incident. Dear local partner, Recognizing that the national discussion around gray wolf management must look more comprehensively at conservation tools available to federal, state and Tribal governments,today the U.S. Fish and Wildlife Service is announcing a path to support a long term and durable approach to the conservation of gray wolves,to include a process to develop—for the first time—a National Recovery Plan under the Endangered Species Act(ESA)for gray wolves in the lower 48 states.Today's announcement does not make any changes to the legal status of gray wolves in the United States. After an extensive peer-reviewed assessment using the best available science,the Service today announced a not warranted finding for two petitions to list gray wolves under the ESA in the Northern Rocky Mountains and the Western United States.This finding is not action-forcing, the legal status of gray wolves does not change as a result of this finding. The Service conducted a comprehensive analysis using robust modeling that incorporated the best available data from federal,state and Tribal sources,academic institutions and the public.The model assessed various threats, including human-caused mortality, existing regulatory mechanisms, and disease.The analysis indicates that wolves are not at risk of extinction in the Western United States now or in the foreseeable future. Gray wolves are listed under the ESA as endangered in 44 states,threatened in Minnesota, and under state jurisdiction in Idaho, Montana, Wyoming, and portions of eastern Oregon and Washington. Based on the latest data as of the end of 2022,there were approximately 2,797 wolves distributed across at least 286 packs in seven states in the Western United States.This population size and widespread distribution contribute to the resiliency and redundancy of wolves in this region.The population maintains high genetic diversity and connectivity,further supporting their ability to adapt to future changes. 1 The findings will be published in the Federal Register in the coming days. For further information,the full news release is posted online as well as Frequently Asked Questions.The news release is also included below. Thank you, Andrew LaValle ------------------------------------------------------- February 2, 2024 Contact: publicaffairsCfws.eov U.S. Fish and Wildlife Service completes status review and finding for gray wolves in the Western United States; launches National Recovery Plan WASHINGTON — Recognizing that the national discussion around gray wolf management must look more comprehensively at conservation tools available to federal, state and Tribal governments, the U.S. Fish and Wildlife Service today announced a path to support a long term and durable approach to the conservation of gray wolves,to include a process to develop—for the first time—a National Recovery Plan under the Endangered Species Act (ESA) for gray wolves in the lower 48 states. Today's announcement does not make any changes to the legal status of gray wolves in the United States. After an extensive peer-reviewed assessment using the best available science, the Service today announced a not warranted finding for two petitions to list gray wolves under the ESA in the Northern Rocky Mountains and 2 the Western United States.This finding is not action-forcing;the legal status of gray wolves does not change as a result of this finding. The Service conducted a comprehensive analysis using robust modeling that incorporated the best available data from federal, state and Tribal sources, academic institutions and the public. The model assessed various threats, including human-caused mortality, existing regulatory mechanisms, and disease. The analysis indicates that wolves are not at risk of extinction in the Western United States now or in the foreseeable future. Gray wolves are listed under the ESA as endangered in 44 states,threatened in Minnesota, and under state jurisdiction in Idaho, Montana, Wyoming, and portions of eastern Oregon and Washington. Based on the latest data as of the end of 2022,there were approximately 2,797 wolves distributed across at least 286 packs in seven states in the Western United States. This population size and widespread distribution contribute to the resiliency and redundancy of wolves in this region. The population maintains high genetic diversity and connectivity, further supporting their ability to adapt to future changes. Next Steps in Gray Wolf Management In a February 2022 op-ed, Secretary of the Interior Deb Haaland wrote: "I am committed to ensuring that wolves have the conservation they need to survive and thrive in the wild based on science and law... It is critical that we all recognize that our nation's wolf populations are integral to the health of fragile ecosystems and hold significant cultural importance in our shared heritage." Debate over the management of wolves has included more than two decades of legislation, litigation and rulemaking. Wolf recovery to date has been construed around specific legal questions or science-driven exercises about predicted wolf population status. Courts have invalidated five out of six rules finalized by the Service on gray wolf status, citing at least in part a failure to consider how delisting any particular population of gray wolves affects their status and recovery nationwide. To accomplish this and address the concern about nationwide recovery for gray wolves,the Service will undertake a process to develop a first-ever nationwide gray wolf recovery plan by December 12, 2025. Recovery plans provide a vision for species recovery that is connected to site-specific actions for reducing threats and conserving listed species and their ecosystems. 3 Facilitating a more durable and holistic approach to wolf recovery must go beyond the ESA. The Service also recently announced a new effort to create and foster a national dialogue around how communities can live with gray wolves to include conflict prevention, long-term stability and community security. These discussions, led by a third-party convenor, will help inform the Service's policies and future rulemaking about wolves, and include those who live with wolves and those who do not but want to know they have a place on the landscape. States and Tribes have been important partners in managing gray wolves and will remain integral to their long- term conservation and acceptance on the landscape. This is important because the federal government's legal authority alone cannot address the variety of approaches to wolves that generate conflict. The states of Montana and Idaho recently adopted laws and regulations designed to substantially reduce the gray wolf populations in their states using means and measures that are at odds with modern professional wildlife management. The steps the Service is outlining today include continued work with state and Tribal partners, including nation-to-nation consultation, to create opportunities to craft enduring solutions that protect wolves and sustain human communities and livelihood. More information is available on the Service's website including the 12-month finding, Species Status Assessment, Species Assessment Form and Frequently Asked Questions. The finding will be available in the coming days in the Federal Register at https://www.regulations.gov at Docket No. FWS-HQ-ES-2021-0106. For additional updates, visit the gray wolf web page online The U.S. Fish and Wildlife Service works with others to conserve, protect and enhance fish, wildlife, plants and their habitats for the continuing benefit of the American people. For more information, visit www.fws.gov, or connect with us through any of these social media channels:Facebook, Instaaram,X(formerly known as Twitter), Linkedln, YouTube and Flickr. -FWS- Andrew LaValle Public Affairs Specialist Washington Ecological Services U.S. Fish & Wildlife Service www.fws.gov/office/washington-fish-and-wild life 4 360-628-3810 (c) 1 am out of the office every other Friday s oN caey� �eceiYec{° MASON COUNTY COMMISSIONERS 411 NORTH FIFTH STREET FEB 0 5 2024 SHELTON WA 98584 Fax 360-427-8437; Vdce 360-427-9670, Ext. 419,,275-4467 or 482-5269 DIM I AM SEEKING APPOINTMENT TO Area Agency on Aging NAME: Stefanie Herman ADDRESS: PHONE: CITY/ZIP: VOTING PRECINCT: WORK PHONE: (OR AREA INrHECWN YOU WE IL ---------------------------------------------- ---------------------- COMMUNITY SERVICE EMPLOYMENT: (IF RETIRED. PREVIOUS EXPERIENCE) Friends of the Library OR MEMBERSHIPS) COMPANY: Emory Healthcare in Atlanta 7 years YRS Peninsula Art Association POSITION: Internal medicine Nurse Manager Blue Zones Activate COMPANY: Delta Home Health 3 years yRS POSMON: Nursing Director ------------------------------------------------------------------------------------------- In your words,what do you perceive is the role or purpose of the Board, Committee or Council for which you are applying: The Area Agency on Aging assists communities in improving the lives of our elderly and disabled populations by rnn vvling rp�n,imPS anti cuppnri What interests, skills do you wish to offer the Board, Committee,or Council? My job at Emory included many process improvement projects. I enjoy problem solving and looking for innovative solutions. I am currently teaching others the power of a plant based lifestyle. I would love to have a voice in improving nutritionally dense food availability to all. Please list any financial, professional, or voluntary affiliations which may influence or affect your position on this Board: (i.e.create a potential conflict of interest) I have none of the above. Your participation is dependent upon attending certain trainings made available by the County during regular business hours (such as Open Public Meetings Act and Public Records).The trainings would be at no cost to you.Would you be able to attend such trainings? Yes Realistically, how much time can you give to this position? Quarterly X Weekly Daly Office Use Only Stefanie Herman(Retired RN) Feb.5, 20: Appointment Date Signature Dank Term Expire Date �D FEB 0 6 2024 MASON COUNTY COMMISSIONERS 411 NORTH FYM STREET SHELTON WA 98584 1 Fax 360-427-8437; Voice 360-427-9670, Ext.419;275-4467 or 482-5269 1R54 . I AM SEEKING APPOINTMENT TO Housing and Behavioral Health Board NAME, Tiffany Valderas DA DRESS; PHONE: CITY/ZIP: VOTING PRECINCT: WORK PHONE: (OR AREA IN THE COUNTY YOU UVE) E-MAIL ____________________________ _-___-_______--_-%-___-____--_-_____ COMMUNITY SERVICE EMPLOYMENT: IF RETIRED, PREVIOUS EXPERIENCE) (ACTIVITIES OR MEMBERSHIPS) COMPANY: Crossroads Housing;2 YRS Park clean-up, POSITION: Case Manager quaxin Island Fooaan volunteering. an COMPANY: El Serape;6 YRS POSITION: Bartender -------------------------------------------------------------------------------------------- In your words,what do you perceive Is the role or purpose of the Board, Committee or Council for which you are applying: To assist and guide the efforts of resources in mason county,and to help allocate housing grant funding efficiently and ethically. I What interests,skills do you wish to offer the Board, Committee,or Council? A point of view that would be valuable to those working In and making decisions for housin and behavioral health programs, given years of worked experience with those actively battling homelessness and of er effects of It. Please list any financial, professional, or voluntary affiliatlons which may Influence or affect your position on this Board: (i.e,create a potential conflict of interest) I currently work for Crossroads Housing in Shelton,WA as a case manager. Your participation is dependent upon attending certain trainings made available by the County during regular business hours (such as Open Public Meetings Act and Public Records).The trainings would be at no cost to you.Would you be able to attend such trainings? Yes, Realistically,how much time can you give to this position? Quarterly Monthly Weekly a Office Use Only "A 1 L1 Appointment Date Signature Date Term Expire Date Washington State Licensing and Regulation PO Box 43098 41 Liquor and Cannabis Board Olympia WA 98504-3098 Phone—(360)664-1600 Fax—(360)753-2710 �QLetelYec� January 30, 2024 BAN 3 0 2024 r12aswr.e4axk RITE AID #6544 23940 NE STATE RT 3 BELFAIR, WA 98528-9697 LICENSE: 404235 - 2N UBI: 601-637-571-001-0235 This letter is to notify you that your liquor license number 404235 has been discontinued. You may no longer engage in the production, sale, or service of liquor at the above location. If you wish to appeal this action, you have 20 days from the date of this letter to submit your request in writing to the WSLCB. You may submit your request to: Email: Licensingappeals@lcb.wa.gov Or By mail to: WSLCB Attention: Licensing Appeals PO Box 43098 Olympia, WA 98504-3908 Sincerely, Customer Service /JMA Licensing & Regulation T: 360 664-1600 cc: Mason County Silverdale Enforcement Finance 10/2019 i Adft Washington State Olympic Region MAPDe artment of Trans ortation Port Orchard Project Engineer Office P P 8293 Spring Creek Rd SE Port Orchard,WA 98367 360-874-3000/FAX:360-874-3003 TTY:1-800-833-8388 www.wsdot.wa.gov January 19,2024 FEB 0 2 2024 MASON COUNTY COURTHOUSE 411 N 5'm ST SHELTON,WA 98584-3400 XL-6043 SR 003 SR3 Freight Corridor—New Alignment Environmental Public Hearing Parcel#12208-51-02001 Mason County, You are receiving this letter because property you own may be directly impacted by the proposed alignment of the SR3 Freight Corridor project(formerly known as the Belfair Bypass). A public hearing and open house for the Environmental Assessment(EA)is being held at North Mason High School from 5:00 PM to 7:00 PM on Tuesday,February 13th for the SR 3 Freight Corridor. This hearing is a requirement for the National Environmental Policy Act(NEPA). This meeting is an opportunity for public comments on the Environmental Assessment.Details are as follows: Tuesday,February 13,2024 5:00 PM—7:00 PM North Mason High School 150 E North Mason School Rd Belfair,WA 98528 If you have questions or concerns,please contact me at(360) 874-3010 or Jessica Cho at (253) 514-3285. Sincerely, ^ ox:aus.e.vmv�.mnva+. c zmEpomem avian me®e vco. .➢aR:ZINA1.1816:1261-0BM Amy Amos,P.E. Project Engineer A.Aljwc File:XL-6043,OC24-004 Serial File:SF24-005 FEDERAL ENERGY REGULATORY COMMISSION Office of Energy Projects Division of Dam Safety and Inspections—Portland Regional Office 1201 NE Lloyd Blvd, Suite 750 Portland, Oregon 97232 (503) 552-2700 1/24/2024 In reply refer to: P-460 VIA Electronic Mail Mr. Chris Mattson Generation Manager Tacoma Public Utilities 1�e dree cmattson(d�ci.tacoma.wa.us FEB 0 5 2024 tdaco r C'. wt Subject: Public Safety Plan 2023 Revision, Cushman Project Dear Mr. Mattson: This letter is to acknowledge Mr. Paul Lennemann's December 20, 2023 letter transmitting the Public Safety Plan 2023 Revision for the Cushman Project, FERC No. 460. We have reviewed the information provided and adequately addresses our request for the Cushman Project in our June 26, 2023 letter. No additional submittal is requested at this time. File your submittal using the Commission's eFiling system at h=s://www.ferc.gov/ferc-online/overview. When eFiling, select Hydro: Dam Safety and Portland Regional Office from the eFiling menu. The cover page of the filing must indicate that the material was eFiled. For assistance with eFiling, contact FERC Online Support at FERCOnlineSupportaferc.gov, (866) 208- 3676 (toll free), or (202) 502-8659 (TTY). Thank you for your continued cooperation and interest in dam safety. If you have any questions, please contact Mr. Daniel Klein of this office at(503) 552-2707. Sincerely, Digitally signed DO U G LAS by DOUGLAS JOHNSON J O H N S O N Date:2024.01.24 13:44.44-08'00' Douglas L. Johnson, P.E. Regional Engineer FEDERAL ENERGY REGULATORY COMMISSION Office of Energy Projects Division of Dam Safety and Inspections—Portland Regional Office 1201 NE Lloyd Blvd, Suite 750 ecdrW Portland, Oregon 97232 (503) 552-2700 FEB 0 2 2024 1/25/2024 In reply refer to: P-460 VIA Electronic Mail Mr. Chris Mattson Generation Manager Tacoma Public Utilities cmattsonAci.tacoma.wa.us Subject: 2023 Annual Dam Safety Inspection Follow Up Items Plan & Schedule, Cushman Project Dear Mr. Mattson: This letter is to acknowledge Mr. Paul Lennemann's December 23, 2023 letter transmitting the 2023 Annual Dam Safety Inspection Follow Up Items Plan & Schedule for the Cushman Project, FERC No. 460. We have reviewed the information provided and have the following comments: 1. Mr. Lennemann proposed the following plans and schedules to address the outstanding comments from the July 25, 2023 FERC Annual Dam Safety Inspection (DSI). The plans and schedules noted below are accepted: a. Comment No. 3: i. Install location markers along the dam crest prior to the FY24 FERC DSI. ii. Document all significant cracking of the concrete dam by May 31, 2025. iii. Document all out-of-service instrumentation in the next DSSMP update by December 31, 2023. b. Comment No. 4: Incorporate crack inspection into the daily inspection program by June 1, 2024. 2 c. Comment No. 5: A plan and schedule for survey monitoring of the left and right wingwalls will be submitted by January 31, 2024. d. Comment No. 6: Weir BW will be included in the 2024 vegetation clearing programs. 2. In response to Comment No.2: the current surveillance and monitoring program— as discussed with Tacoma Power staff, as documented in multiple letters with recommendations from the FERC, as noted by the most recent 2022 Part 12D Independent Consultants, and as discussed in our January 3, 2024 Teams meeting —requires significant revision and improvement to both monitoring and reporting practices. The original comments 4 and 5, from our July 31, 2023 letter, were based on discussions during the dam safety inspection around ways to improve two types of instruments that provide valuable monitoring data but are not, in our opinion, monitored or evaluated as frequently as they should be for the relevant potential failure modes. During the inspection, our impression was that Tacoma Power staff were in agreement with that opinion, and our letter requested what was believed to be the consensus approach. Your September 26, 2023 response to that letter did not adequately address our comments; therefore, our October 13, 2023 letter requested that you confirm you would consider implementation of comments 4 and 5 as you do a program-wide revision of your DSSMPs. The response in the December 12, 2023 letter is inadequate and incorrectly implies that the motivation behind our request was Tacoma Power worker safety; while that was a factor in the discussions during the dam safety inspection, and prompted us to request that you automate the data collection, the deficiency in the current monitoring of the Right Abutment Crack (RAC) movement and E1472 crack leakage was the primary reason for our request. We reiterate our opinion that actions should be taken to improve the quality and frequency of data collection for the following two locations, or alternative actions should be proposed to provide sufficient monitoring of these features: a. Crack Gauge 5A was installed to monitor the RAC as it,passes through the spillway apron. Numerous PFMs note 5A as part of the performance monitoring to reduce the risk of the PFM, yet Gauge 5A has restricted access during normal pool conditions, is not read at an adequate frequency, and the readings are currently not reported in the annual submittal of the DSSMR. Submit a plan and schedule to automate data collection, or provide an alternative method for an increased-frequency of monitoring of this section of the RAC for movement. b. The El 472 right abutment crack began to show a significant increase in total flow in 2021 which was not captured by Weir No.I and required the 3 installment of Weir Nos. 2 and 3 to capture seepage flows. Where previously no flow had moved through the crack in the thrust block, in 2022 there was up to 33 gpm measured with the multiple weirs. During the 2023 annual FERC inspection, we observed that some seepage was not collected in the weir boxes. Due to the increase in seepage and varying seepage locations, channeling flows into a single location with automated measurement would allow increased frequency and accuracy of measurements. Given the change in seepage behavior, diligent monitoring is required. Propose a plan to improve monitoring of the El 472 crack. Within 30 days of this letter, submit a plan and schedule to address Comment No. 2 above or a plan and schedule to do so. File your submittal using the Commission's eFiling system at htt)s://www.fere.gov/fere-online/oveiview. When eFiling, select Hydro: Dam Safety and Portland Regional Office from the eFiling menu. The cover page of the filing must indicate that the material was eFiled. For assistance with eFiling, contact FERC Online Support at FERCOnlineSupport(a�ferc.gov, (866) 208-3676 (toll free), or (202) 502-8659 (TTY). Thank you for your continued cooperation and interest in dam safety. If you have any questions, please contact Mr. Daniel Klein of this office at (503) 552-2707. Sincerely, Digitally signed by DOUGLAS DOuw,S P 'JOHNSON J O H N S O N-6ate:2024.01.25 (f 15:49:38-08'00' Douglas L. Johnson, P.E. Regional Engineer FEDERAL ENERGY REGULATORY COMMISSION Office of Energy Projects Division of Dam Safety and Inspections —Portland Regional Office 1201 NE Lloyd Blvd, Suite 750 Portland, Oregon 97232 peteirw (503) 552-2700 FEB 0 2 2024 1/25/2024 In reply refer to: P-460 VIA Electronic Mail Mr. Chris Mattson Generation Manager Tacoma Public Utilities cmattson ,ci.tacoma.wa.us Subject: 10-year Spillway GIR Recommendation Status Updates, Cushman Dam Nos. 1 and 2, Cushman Project Dear Mr. Mattson: This letter is to acknowledge Mr. Paul Lennemann's December 18, 2023 letters transmitting 10-year Spillway Gate Inspection Report (GIR) Recommendation Status Updates for the Cushman Darn No.1 and Cushman Dam No. 2 Developments of the Cushman Project, FERC No. 460. We have reviewed the information provided, which is generally acceptable, and have the following comments: Both Developments 1. Please update any SOP and pertinent documentation for regular inspection and maintenance items to be conducted periodically. As discussed with you during our January 3, 2024 conference call, any actions to conduct periodic inspection and perform regular maintenance should be included in your Dam Safety Surveillance and Monitoring Plan (DSSMP), Standard Operating Procedure (SOP), or other pertinent documents. Once these actions are implemented and formalized in your current plans and procedures, the associated recommendations are completed, and no additional tracking of these recommendations is required. The condition of these components will be observed during our next FERC annual dam safety inspection. 2 Cushman Dam No. 1 2. The submittal notes that all recommendations have been completed. This is acceptable. We note that the recommendation to perform an updated structural analysis of the gates to assess increased seismic loading has not yet been conducted, but the recommendation is now closed as it is superseded by Part 12D Recommendation 2022-40. Cushman Dam No. 2 3. The submittal notes that multiple recommendations will be addressed during the next full-height gate test. As the last full-height gate test was conducted on December 8, 2021, these recommendations should be addressed no later than December 30, 2026. 4. We note that the recommendation to perform an updated structural analysis of the gates to assess increased seismic loading has not yet been conducted, but the recommendation is now closed as it is superseded by Part 12D Recommendation 2022-31. No additional submittal is requested at this time. Thank you for your continued cooperation and interest in dam safety. If you have any questions,please contact Mr. Daniel Klein of this office at(503) 552-2707. Sincerely, (, Digitally signed DOUG LAS by DOUGLAS 1' `JOHNSON JO H N SO N-oate:2o24.01.25 /.f r 15.48J2-08-00' Douglas L. Johnson, P.E. Regional Engineer i . r FEDERAL ENERGY REGULATORY COMMISSION Office of Energy Projects Division of Dam Safety and Inspections—Portland Regional Office 1201 NE Lloyd Blvd, Suite 750 Portland, Oregon 97232 (503) 552-2700 FEB 0 2 2024 1/23/2024 In reply refer to: P-460 VIA Electronic Mail Mr. Chris Mattson Generation Manager Tacoma Public Utilities emattson(d,)ci.tacoma.wa.us Subject: 10-year Spillway GIR Recommendation Status Updates, Cushman Dam Nos. 1 and 2, Cushman Project Dear Mr. Mattson: This letter is to acknowledge Mr. Paul Lennemann's December 18, 2023 letters transmitting 10-year Spillway Gate Inspection Report (GIR) Recommendation Status Updates for the Cushman Dam No.l and Cushman Dam No. 2 Developments of the Cushman Project, FERC No. 460. We have reviewed the information provided,which is generally acceptable, and have the following comments: Both Developments l. Please update any SOP and pertinent documentation for regular inspection and maintenance items to be conducted periodically. As discussed with you during our January 3, 2024 conference call, any actions to conduct periodic inspection and perform regular maintenance should be included in your Dam Safety Surveillance and Monitoring Plan(DSSMP), Standard Operating Procedure (SOP), or other pertinent documents. Once these actions are implemented and formalized in your current plans and procedures, the associated recommendations are completed, and no additional tracking of these recommendations is required. The condition of these components will be observed during our next FERC annual dam safety inspection. i 2 i Cushman Dam No. 1 2. The submittal notes that all recommendations have been completed. This is acceptable. We note that the recommendation to perform an updated structural analysis of'the gates to assess increased seismic loading has not yet been conducted, but the recommendation is now closed as it is superseded by Part 12D Recommendation 2022-40. Cushman Dam No. 2 3. The submittal notes that multiple recommendations will be addressed during the next full-height gate test. As the last full-height gate test was conducted on December 8, 2021, these recommendations should be addressed no later than December 30, 2026. 4. We note that the recommendation to perform an updated structural analysis of the gates to assess increased seismic loading has not yet been conducted,but the recommendation is now closed as it is superseded by Part 12D Recommendation 2022-31. i No additional submittal is requested at this time. Thank you for your continued cooperation and interest in dam safety. If you have any questions, please contact Mr. Daniel Klein of this office at(503) 552-2707. Sincerely, C Digitally signed by DOUGLAS' DOUGLAS '°JOHNSON J O H N SO N-13ate.2024.01.24 13:45:25-08'00' Douglas L. Johnson, P.E. Regional Engineer a i o-SMENT OF tht, r�ia U& United States Department of the Interior U.S.FISH AND WILDLIFE SERVICE Washington Fish and Wildlife Office 500 Desmond Dr. SE Lacey,WA 98503 JAN 3 0 2024 Subject: Oregon Vesper Sparrow Status Assessment; Request for Information Dear Conservation Partner: We,the U.S.Fish and Wildlife Service(Service), are conducting a status review of the Oregon vesper sparrow(Pooeceies gramineus affinis)to determine if listing this species as threatened or endangered under the Endangered Species Act(Act)of 1973, as amended(16 U.S.C. 1531 et seq.), is warranted. Herein we provide the purpose of and background for this request, a brief description of the species, a list of specific topics for which we are seeking information and contact information for further questions and where to send information. Background On November 8,2017,we received a petition from the American Bird Conservancy requesting that the Oregon vesper sparrow be listed as endangered or threatened and that critical habitat be designated for the subspecies under the Act. On June 27,2018,we published a 90-day finding stating that the petition presented substantial scientific or commercial information indicating that listing the Oregon vesper sparrow may be wan-anted. The Oregon vesper sparrow is a medium- to large-sized migratory sparrow inhabiting short-statured grassland and savannah habitats. Currently, the subspecies' breeding range is limited to the States of Washington(South Puget lowlands, San Juan Island, lower Columbia River islands, and Mason County)and Oregon (Willamette, Umpqua, and Rogue Valleys). The winter range consists of lowland areas west of the Sierra Nevada Mountains in California, from the San Francisco Bay area through the San Joaquin Valley to coastal southern California. Please see the 90-day finding and its associated documents for more information regarding the subspecies and its habitat at hqps:i/www.federaireizister.v-ov/d/2018-13843. SoeciesInformation Requested For the status review of the Oregon vesper sparrow,we seek the latest scientific information on this species. Please note it is not necessary to resubmit information used as part of our 90-day finding.We are requesting additional information on any of the following topics, including but not limited to: 1. Distribution,population sizes, population trends, and results and analyses from the most recent occupancy surveys, including negative survey data. PACIFIC REGION 1 IDAHO, OREGON*,WASHINGTON, AMERICAN SAMOA. GUAM. HAWAm NORTHERN MARIANA ISLANDS RARTIAL 2. With no genetics work completed for the Oregon vesper sparrow, we request any information available on winter range overlap with Great Basin vesper sparrows(Pooecetes gramineus confinis) and the likelihood of pairing and returning to the breeding grounds. 3.. Updates to the subspecies' historical, overall, or predicted ranges, including any information about the range that was not reflected in the 90-day finding. 4W�Apy information on northwestern California(north of Crescent City from Point Saint George to the mouth of the Smith River) habitat conditions pre-1976. 5. Data documenting any Oregon vesper sparrow monitoring efforts, including in areas not within the known range of the species. 6. Information on potential physiological effects associated with climate-related environmental changes or habitat changes. 7. Information on wintering ground stressors impacting Oregon vesper sparrow habitat, survival, and populations. 8. Other potential threats to the subspecies or its habitat including, but not limited to,threats from changes in land use,migratory pathways, recreation, grazing,disease, chemical applications on agricultural lands, predation, or the vulnerabilities associated with small population size. 9. Information on impacts causing population isolation or fragmentation. 10. Information on species movements (migration or dispersal). 11. Updates to laws, regulations,or policies that may apply to the subspecies. 12. Ongoing conservation efforts for the subspecies or its habitat and known or perceived information gaps for the subspecies. If you submit spatial data,please contact us if you have questions or concerns about the submission process. We can provide guidance on file transfer and storage, minimum data elements, metadata, data format, and data attributes. Contact Information Although the Service will accept new information throughout our analysis process, we request that you provide any information by March 29, 2024, to ensure we have adequate time to consider it during the status review. Please submit any relevant information to the following: via email at ovsn status reviewna.fws.eov, or via regular mail at the address in the letterhead above. All data and information submitted,including names and addresses,will become part of the decisional file and may be subject to Freedom of Information Act requests. If we determine that the Oregon vesper sparrow is warranted for listing and we develop listing and critical habitat prgposal(s),we will provide a public notification of our finding(s)in the Federal Register. Any associated proposed rulemakings would include an opportunity for the public to review and comment on the proposal(s). Currently,we expect to deliver notification to the Federal Register by early fall 2026. Thank you for your continued interest in the conservation of sensitive, threatened, and endangered species. If you have any additional questions, please feel free to contact Madison McGroarty at madison mcQroarty(@fws.Qov or 360-338-8560. Sincerely, BRADLEY D4"$O9 by BWLEY 7HOMPBON THOMPSON ate:2024.0125 10:23:38-0900' Brad Thompson State Supervisor Board of Mason County Commissioners Proceedings Commission Chambers 411 N 51h St, Shelton, WA 98584 January 2, 2024 1. Call to Order—The Chairperson called the regular meeting to order at 9:03 a.m. 2. Pledge of Allegiance—Kell Rowen led the flag salute. 3. Roll Call—Present: Present: Commissioner District 1 —Randy Neatherlin; Commissioner District 2—Kevin Shutty; Commissioner District 3 —Sharon Trask. 4. Correspondence and Organizational Business 4.1 Correspondence 4.1.1 Advisory board applications were received for the following: William Harris for the Planning Advisory Commission(PAC)and Patrick O'Brien and Richard Stevens Sr. for Mason Transit Authority(MTA)Board. 4.1.2 Bill Kendrick submitted resignation from the Civil Service Commission. 4.1.3 Douglas Greer sent in a Preliminary Petition for a County Road Improvement District (RID)for Shetland Road. 4.2 Cmmr.Neatherlin was selected as Chair and Cmmr. Shutty was selected as Vice-Chair. 5. Open Forum for Citizen Input Pete Butkus, Shelton,shared he appreciated the offer to join the Mason Transit Authority Board but politely declined. 6. Adoption of Agenda Cmmr.Shutty/Trask moved and seconded to adopt the agenda as published. Motion carried unanimously. N-aye; S-aye; T-aye. 7. Approval of Minutes Cmmr.Trask/Shutty moved and seconded to adopt the November 28 and December 4,2023 Special Meeting Minutes as presented. Motion carried unanimously. N-aye; S-aye; T-aye. 8. Approval of Action Agenda 8.1 Approval of the Women,Infants,and Children(WIC)contract amendment to extend the period of performance through February 29,2024 to continue staff training in preparation for Public Health and Human Services to begin providing WIC Nutrition Program services by March 2024. 8.2 Approval for the Chair to sign the Youth Cannabis and Commercial Tobacco Prevention Program contract for the total amount of$21,330 from October 1,2023 through June 30,2024 to plan,implement,and evaluate cannabis and commercial tobacco. Cmmr.Shutty/Trask moved and seconded to approve action items 8.1 through 8.2. Motion carried unanimously. N-aye; S-aye; T-aye. 9. Other Business(Department Heads and Elected Officials) Dave Windom,Public Health and Human Services Director,discussed the Women,Infants,and Children(WIC)program in collaboration with Public Health,Mason General,and the Shelton Family YMCA. Services will be provided three days a week. Mason Health will utilize the office space for other services as well. 10. 9:15 a.m. Public Hearings and Items Set for a Certain Time Please see above options to provide public testimony. These options are available only while COVID-19 OPMA meeting restrictions are in place. 10.1 Public Hearing to consider adopting the amendment to the Mason County Development Areas (Zoning)Map rezoning parcel no. 32003-13-00100 and 32003-31-00010 from Rural Commercial(RC2)to Rural Industrial(RI). Staff: Marissa Watson(Exhibit A,Ordinance No.2024-001) Marissa Watson shared this is a rezone request for two parcels,no. 32003-13-00100 and 32003-31-00010,from Rural Commercial(RC2)to Rural Industrial(RI). The parcels recently went through a boundary line adjustment. The storage facility is Rural Commercial 2 and is surrounded by Rural Industrial,Rural Residential,and Rural Natural Resource. The GIS map is not updated to show the new boundary lines. The update is to make the zoning match the use. Jared Kadoun's application was accepted August 31,2023. Staff determined the application was complete and reviewed it against the eight rezone criteria. Seven criteria were met,the eighth was not applicable. The Planning Advisory Commission(PAC)heard the request during the November meeting and unanimously voted for recommendation. Staff accepted the State Environmental Policy Act(SEPA)checklist and made a determination of non-significance on October 11,2023. Public comment closed October 25,2023. No comments were received. Both staff and the PAC are recommending the Board approve this request. Cmmr. Shutty asked when the boundary line adjustment was approved. Marissa answered October 5,2023. Cmmr.Trask/Shutty moved and seconded to approve and adopt the amendment to the Mason County Development Areas(zoning)Map rezoning parcels 32003-13-00100 and 32003-31-00010 from Rural Commercial 2(RC2)to Rural Industrial(RI).. Motion carried unanimously. N-aye; S-aye; T-aye. 11. Board's Calendar and Reports—The Commissioners reported on meetings attended the past week and announced their upcoming weekly meetings. 12. Adjournment—The meeting adjourned at 9:31 a.m. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY,WASHINGTON McKenzie Smith, Clerk of the Board Randy Neatherlin, Chair Kevin Shutty,Vice-Chair 21January 2 , 2024 Commission Minutes Sharon Trask, Commissioner 31January 2 , 2024 Commission Minutes Board of Mason County Commissioners Proceedings Commission Chambers 411 N 51h St, Shelton, WA 98584 January 16, 2024 1. Call to Order—The Chairperson called the regular meeting to order at 9:01 a.m. 2. Pledge of Allegiance—Tari Landsberger led the flag salute. 3. Roll Call—Present: Present: Commissioner District 1 —Randy Neatherlin; Commissioner District 2—Kevin Shutty; Commissioner District 3 —Sharon Trask. 4. Correspondence and Organizational Business 4.1 Correspondence 4.1.1 Advisory Board applications were received from the following: Karen Rice for the Solid Waste Advisory Commission;Heather Kennedy for the Housing and Behavioral Health Advisory Board; and Aurther Whitson Jr., Sheriff Ryan Spurling,Richard Lee,Juli Tuson, and Lauren Gilmore for the Mason Transit Authority Board. 4.1.2 Washington State Liquor and Cannabis Board sent in the following:notice of liquor license application for Bucks Prairie Mercantile,cannabis license discontinuation notice for Resinate,and notice of cannabis license application for Shepherd's Soap Company, LLC dba Crema de Gaia. 4.2 Dan Teuteberg read the Mason County Noxious Weed List news release. 4.3 Cmmr. Trask read the Lewis-Mason-Thurston Area Agency on Aging Vacancy news release. 4.4 Becky Rogers read the Mason County Civil Service Commission Vacancy news release. 4.5 Kell Rowen read the Planning Advisory Commission Vacancy news release. 4.6 The Commissioners recognized Anne White for 16 years of service. 5. Open Forum for Citizen Input Lisa McAlvey-Smith and Reed Taylor,Elma,discussed the increasingly poor conditions of River Run Road. River Run Road is a gravel road set to be paved in August 2024;however,the gravel is not compacted and there are dozens of potholes. When the road gets awful,neither bus drivers nor delivery drivers will drive down the road. Assistance is requested with maintaining the road until it is paved. 6. Adoption of Agenda Cmmr.Trask/Shutty moved and seconded to adopt the agenda as published. Motion carried unanimously. N-aye; S-aye; T-aye. 7. Approval of Minutes Cmmr.Shutty/Trask moved and seconded to adopt the December 4,December 11,and December 18,2023 and January 2,2024 Briefing Minutes and December 5 and December 19, 2023 Regular Minutes as presented. Motion carried unanimously. N-aye; S-aye; T-aye. 8. Approval of Action Agenda 8.1 Approval of Warrants and Treasurer Electronic Remittances Claims Clearing Fund Warrant#8101398-8101530 $3,203,073.87 Direct Deposit Fund Warrant# 102516-103337 $2,007,129.07 Salary Clearing Fund Warrant#7007824-7007888 $2,024,331.03 Treasurer Electronic Remittance $ 946,986.61 8.2 Approval of the letter of support for the Evergreen State College's Shelton Promise pilot program. 8.3 Approval to appoint Michael Hill to the Planning Advisory Commission(PAC)for a four-year term expiring January 16,2028. 8.4 Approval to appoint William Harris to the Planning Advisory Commission(PAC)for a four- year term expiring January 16,2028. 8.5 Approval for the Chair to sign the 2024 Interagency Agreement and Appendix A between Washington State University Extension and Mason County for the amount of$94,725. 8.6 Approval of the Resolution establishing a Mason County Citizens' Commission on Salaries for Elected Officials pursuant to RCW 36.17.024. (Exhibit A,Resolution No.2024-002) 8.7 Approval to extend the Interlocal Agreement for use of jail facilities with Lewis County to December 31,2024. 8.8 Approval for the Public Health and Human Services Director to sign the Consolidated Contract (CONCON)Amendment no. 16 for additional funding in the amount of$385,195. 8.9 Approval for the Public Health and Human Services Director to sign the Women,Infants, and Children(WIC)Program Space Agreement with Public Hospital District no. 1. 8.10 Approval to set a Public Hearing for Tuesday,February 13,2024 at 9:15 a.m.to consider amending Mason County Code Title 16—Plats and Subdivisions Section 16.40.041(1)(A) relating to boundary line adjustments. 8.11 Approval for the County Engineer to sign the Tolling Agreement with the Army Corp of Engineers for the Cady Creek(County Road Project 1995)and Great Bend(CRP 2021)culvert replacement projects on North Shore Road. 8.12 Approval for the County Administrator to sign the Tyler Technology's Software as a Service Agreement to migrate Munis Financials to a cloud-based platform for approximately$85,000. 8.13 Approval to sign the letter of concurrence with Grays Harbor County's appointment of Dustin Loup to the Timberland Regional Library Board of Trustees to fill an unexpired three-year term beginning January 1,2024 and ending December 31,2027. 8.14 Approval of the Resolution instituting a retention bonus for Chief Deputy Prosecuting Attorney and Chief Public Defender for a maximum of$20,000 which will be distributed in eight(8) equal installments of$2,500 to be paid quarterly. (Exhibit C,Resolution No.2024-003) 8.15 Approval of the Memorandum of Understanding(MOU)between Mason County and Mason County Public Defenders and Mason County Prosecuting Attorneys Woodworkers Local Lodge W38,I.A.M. for recruitment and retention bonuses for a maximum of$20,000 distributed in eight(8)equal installments of$2,500 to be paid quarterly. Cmmr.Shutty/Trask moved and seconded to approve action items 8.1 through 8.15. Motion carried unanimously. N-aye; S-aye; T-aye. 9. Other Business(Department Heads and Elected Officials) No other business. 10. 9:15 a.m.Public Hearings and Items Set for a Certain Time Please see above options to provide public testimony. These options are available only while COVID-19 OPMA meeting restrictions are in place. 10.1 Public Hearing to consider deeming the response from Mason County Garbage,Inc. as"non- conforming"; authorizing staff to proceed with direct contract negotiations with the certificate holder,Mason County Garbage,Inc.; authorize staff to finalize an Interlocal Agreement with Cowlitz County; and to extend the Public Hearing to Tuesday,February 13,2024 at 9:15 a.m. Staff. Richard Dickinson 21January 16 , 2024 Commission Minutes Richard Dickinson,Utilities and Waste Manager, shared Mason County initiated a normal bidding process to solicit bids for the transport and disposal of solid waste. Two proposals were submitted and deemed to be conforming. The Board authorized staff to proceed with negotiating with Mason County Garbage,Inc. As staff proceeded it became apparent that it is in the County's best interest to enter into two agreements,one for transport and one for disposal,rather than one agreement for both services. Counties may enter into contracts for the hauling of trailers of solid waste from their transfer stations to disposal sites and return by either the normal bidding process or negotiation with the collection company servicing the area per RCW 36.58.050. The County could readvertise;however, staff do not recommend doing so. Staff recommends deeming the response from Mason County Garbage,Inc. as"non- conforming";proceeding with direct contract negotiations with the certificate holder,Mason County Garbage,Inc.;proceeding with an Interlocal Agreement with Cowlitz County;and extending the hearing to Tuesday,February 13,2024 at 9:15 a.m. Loretta Swanson,Public Works Director,added that if the County proceeds with direct negotiations,then an additional Public Hearing is not required. Cmmr.Neatherlin reiterated that this Public Hearing is regarding opening contracting for solid waste hauling and disposal. Through the process, staff found that Mason County Garbage's response was non-conforming and are requesting to proceed with negotiating with the certificate holder for the disposal. Cmmr. Shutty/Trask moved and seconded to deem the response from Mason County Garbage,Inc.as"non-conforming"; authorize staff to proceed with direct contract negotiations with the certificate holder,Mason County Garbage,Inc.; and authorize staff to finalize an Interlocal Agreement(ILA)with Cowlitz County. Motion carried unanimously. N-aye; S-aye; T-aye. The Commissioners shared their thanks for staff for all of their hard work. 11. Board's Calendar and Reports—The Commissioners reported on meetings attended the past week and announced their upcoming weekly meetings. 12. Adjournment—The meeting adjourned at 9:40 a.m. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY,WASHINGTON McKenzie Smith, Clerk of the Board Randy Neatherlin, Chair Kevin Shutty,Vice-Chair Sharon Trask, Commissioner 31January 16 , 2024 Commission Minutes Board of Mason County Commissioners Proceedings Commission Chambers 411 N 51h St, Shelton, WA 98584 January 30, 2024 1. Call to Order—The Chairperson called the regular meeting to order at 9:00 a.m. 2. Pledge of Allegiance—Dave Windom led the flag salute. 3. Roll Call—Present: Present: Commissioner District 1 —Randy Neatherlin; Commissioner District 2—Kevin Shutty; Commissioner District 3 —Sharon Trask. 4. Correspondence and Organizational Business 4.1 Correspondence 4.1.1 Federal Energy Regulatory Commission sent in Dam Safety Surveillance and Monitoring Plans and Reports Revision Plans and Schedules for Tacoma Power's portfolio of projects —Cushman,Nisqually River,Cowlitz River,and Wynoochee projects. 4.1.2 Washington State Liquor and Cannabis Board sent in cannabis and liquor license renewal applications. 4.1.3 Jens-Dieter Stahmer sent in an application for the Solid Waste Advisory Committee. 5. Open Forum for Citizen Input Bernie Games shared the 2023 accomplishments of the Matlock Grange. Accomplishment topics include an increase in membership,fundraisers and rentals,community services meetings,Capital Gains grant request for$90k for unsafe water for consumption,partnerships, advertisements, Junior Grange program,AA program,Women's Empowerment Group,Timberland Anywhere Books,hall improvements,and upcoming catalogs. The grange is also seeking volunteers. Ken VanBuskirk,Belfair,discussed the mass mailer regarding the Supplemental Environmental Impact Statement(EIS)for the Freight Corridor. Part of the transportation study included the unsignalized four-way intersection at Old Belfair Highway. During a 2019 study,this intersection was found to be operating at a failing level of service. The Freight Corridor will relieve regional traffic,but this intersection will continue to be a bottleneck. Ken requested this be addressed in a comprehensive plan update and that the County work with the Washington State Department of Transportation(WSDOT). WSDOT plans to replace several fish bearing culverts in 2026 on State Route 3. Ken also requested the County ask WSDOT to delay the culvert replacements until after the Freight Corridor is complete. 6. Adoption of Agenda Cmmr.Shutty/Trask moved and seconded to adopt the agenda as published. Motion carried unanimously. N-aye; S-aye; T-aye. 7. Approval of Minutes No minutes at this time. 8. Approval of Action Agenda 8.1 Approval of Warrants and Treasurer Electronic Remittances Claims Clearing Fund Warrant#8102242-8102574 $1,729,302.27 Direct Deposit Fund Warrant# 103338-103738 $ 945,043.10 Salary Clearing Fund Warrant#7007889-7007916 $ 635,868.85 8.2 Approval of the Resolution establishing the Mason County Electronic Funds Transfer(EFT) Policy as recommended by the Mason County Audit Committee. (Exhibit A,Resolution No. 2024-004) 8.3 Approval of the Acknowledgment of Receipt for the 2023 property tax refunds. 8.4 Approval of the Resolution cancelling uncollectible personal property taxes as listed in Attachment A. (Exhibit B,Resolution No.2024-005) 8.5 Approval to set a Public Hearing for Tuesday,February 27,2024 at 9:15 a.m.to consider updating Mason County Code Chapter 3.17 Gambling Tax and to consider lowering the gambling tax rate from 5%to 3%. 8.6 Approval to increase the Misdemeanor Attorney hourly rate from$75 an hour to$100 an hour. 8.7 Approval for the Coroner to purchase two four-person racks for the Shelton location. 8.8 Approval for the Chair to sign the Growth Management Act(GMA)Periodic Update Grant contract with the Department of Commerce for the maximum amount of$350,000. 8.9 Approval for the Chair to sign the 2023-2025 Climate Planning Grant contract with the Department of Commerce for the amount of$125,000. 8.10 Approval of the Ordinance adopting the Planned Unit Developments(PUDs)increased density (rezone)for The Station at Shelton Springs from 14 units per acre to 25 units per acre. (Exhibit C,Ordinance No.2024-006) 8.11 Approval of the grant request for$20,006 from the Shelton Family YMCA to implement the Actively Changing Together(ACT!)program in Mason County. 8.12 Approval of the Department of Commerce Consolidated Homeless Grant(CHG)contract amendment to reallocate funding to the Shelton Family Center in the amount of$15,623.59 and Crossroads Housing in the amount of$31,720.61. 8.13 Approval for the Chair to sign the Interlocal Agreements between Public Works and Mason County Fire Protection District 3,Mason County Fire Protection District 4,and North Mason Regional Fire Authority, and Mason County Fire Protection District 17 for reimbursable work, supplies,and services. 8.14 Approval of the Resolution revising the Non-Represented Salary Scale to include the Grant Writer and temporary Therapeutic Court Caseworker positions. (Exhibit D,Resolution No. 2024-007) 8.15 Approval to appoint Sheriff Ryan Spurling and Richard Lee to the Mason Transit Authority (MTA)Board to fill unexpired terms ending February 1,2026. 8.16 Approval to increase the hourly Indigent Defense Investigator rate to$75.00 an hour. 8.17 Approval to increase the hourly Superior Court Indigent Defense rate to$125.00 an hour. 8.18 Approval of the professional services contracts with Taschner Law Office, PLLC to serve as contracted Public Defense Attorney for District Court and for Superior Court. 8.19 Approval for Public Works to procure two Ford FI50 pickup trucks, one Ford F550 gas pickup truck with a plow and sander, and one Ford F550 diesel pickup truck with a plow and sander for the estimated cost of$392,265.94. 8.20 Approval of the Memorandum of Understanding(MOU)between Mason County Community Family Health and Teamsters Union Local No. 252 to update Section 12.3 regarding "Lead Worker Pay"language. 8.21 Approval to convert a Human Resources Analyst position to an Administrative Assistant II position at Range 16 on the Non-Represented Salary Scale. Cmmr.Trask/Shutty moved and seconded to approve action items 8.1 through 8.21 with the exception of item 8.9. Motion carried unanimously. N-aye; S-aye; T-aye. Item 8.9 Marissa Watson shared that final financial authorization has not been received from the Department of 21January 30 , 2024 Commission Minutes Commerce yet. Item 8.9,the approval for the Chair to sign the 2023-2025 Climate Planning Grant contract with the Department of Commerce for the amount of$125,000,died for lack of motion. 9. Other Business(Department Heads and Elected Officials) No other business. 10. 9:15 a.m. Public Hearings and Items Set for a Certain Time Please see above options to provide public testimony. These options are available only while COVID-19 OPMA meeting restrictions are in place. No Public Hearings set for this time. 11. Board's Calendar and Reports—The Commissioners reported on meetings attended the past week and announced their upcoming weekly meetings. 12. Adjournment—The meeting adjourned at 9:24 a.m. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY,WASHINGTON McKenzie Smith, Clerk of the Board Randy Neatherlin, Chair Kevin Shutty,Vice-Chair Sharon Trask, Commissioner 31January 30 , 2024 Commission Minutes BOARD OF MASON COUNTY COMMISSIONERS'BRIEFING MINUTES Mason County Commission Chambers,411 North 5th Street,Shelton,WA Week of January 8,2024 Monday,January 8,2024 9:00 A.M. Executive Session—RCW 42.30.110(1)(i)Potential Litigation Commissioners Neatherlin,Shutty,and Trask met in executive session for potential litigation from 9:00 a.m.to 9:30 a.m.Mark Neary,Tim Whitehead,Loretta Swanson, and Richard Dickinson were also in attendance. 9:30 A.M. Closed Session—RCW 42.30.140(4)Labor Discussion Commissioners Neatherlin,Shutty,and Trask met in closed session for labor negotiation via Zoom from 9:30 a.m.to 10:15 a.m. Mark Neary,Mary Ransier, Misty Kuhl,Cabot Dow,and Lindsey Smith were also in attendance. 10:15 A.M. Evergreen State College—Sandy Kaiser&John Carmichael Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom. • John,President,and Sandy,Director of Governmental Relations,requested a letter of support for legislative funding for their Shelton Promise pilot program in collaboration with Shelton High School to offer graduates free tuition to the Evergreen State College. The initial funding request is$738,000. Both Representative Travis Couture and Senator Drew MacEwan are in support. Approved to move forward. 10:30 A.M. Planning Advisory Commission Interview Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom. • Commissioners interviewed Michael Hill and William Harris for the Planning Advisory Commission. Approved to move forward. 10:35 A.M. WSU Extension—Dan Teuteberg Commissioners Neatherlin, Shutty,and Trask were in attendance via Zoom. • Dan shared the 2024 Mason County noxious weed list news release.Approved to move forward. • Dan discussed the 2024 Interagency Agreement and Appendix A with the Washington State University Extension to fund support staff in the amount of$94,725. Approved to move forward. 10:40 A.M. Auditor—Steve Duenkel Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom. • Steve discussed establishing a Mason County Citizens' Commission on Salaries for Elected Officials pursuant to RCW 36.17.024. This would be a ten-member board serving two-year terms,six selected by lot by the Auditor and four appointed by Commissioners. Approved to move forward. 10:50 A.M. Sheriff's Office—Lt. Schoeneberg Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom. • Lt. Schoeneberg shared the Lewis County Prisoner Housing contract extension to house prisoners at the daily rate of$94.27 until December 31,2024. Approved to move forward. 10:55 A.M. Public Health—David Windom Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom. Page I 1 • Dave discussed amendment no. 16 to the Consolidated Contract(CONCON)which adds new funding and statements of work for Public Health infrastructure$200,000 and for the Drug User Health Program$187,500. Approved to move forward. • Dave shared the Health Officer contract amendment with Dr.Keri Gardner to increase monthly compensation by 6%from$4,000 to$4,240. Tabled. • Melissa Casey discussed the Women,Infants,and Children(WIC)space agreement with Mason Health to utilize the clinic space located in the Shelton Family YMCA. Approved to move forward. • Dave added that the contract with Mott MacDonald for Water Resource Inventory Area (WRIA) 14 is being completed for John's Creek and Goldsborough Creek in coordination with the Squaxin Island Tribe. 11:05 A.M. Community Development—Kell Rowen Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom. • Kell shared a Planning Advisory Commission(PAC)application received from William Harris. A news release will be drafted to focus on membership needed in District 2. Approved to move forward. • Kell gave a quarterly update on SmartGov permitting software,the appointment system,and the scanning project funded by American Rescue Plan Act(ARPA)funding. • Kell discussed amendments to Mason County Code Title 16—Plats and Subdivisions Section 16.40.041(1)(a)relating to boundary line adjustments and setting a Public Hearing. Approved to move forward. 11:15 A.M. Public Works—Loretta Swanson Utilities&Waste Management Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom. • Mike Collins shared the Tolling Agreements with the Army Corp of Engineers for County Road Project(CRP) 1995 Cady Creek and CRP 2021 Great Bend for culvert replacement projects. Approved to move forward. • Mike shared that the Department of Natural Resources Clear Zone project on Elfendahl Pass Road was postponed. 11:20 A.M. Support Services—Mark Neary Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom. • Todd Cannon shared Tyler Technology's Munis Financials cloud conversion agreement. Approved to move forward. • Diane Zoren discussed the Mason Transit Authority(MTA)Board membership review. Interviews will be set for Tuesday,January 16,2024 beginning at 10:00 a.m. • Diane shared the letter of concurrence with Grays Harbor County's appointment of Dustin Loup to the Timberland Regional Library(TRL)Board of Trustees for a term expiring December 31,2027. Approved to move forward. • Diane discussed the Lewis-Mason-Thurston Area Agency on Aging(LMTAAA)vacancy news release. Approved to move forward. • Mary Ransier provided updates to the 2023 Human Resources Strategic Plan. • Mary discussed difficulties hiring and retaining employees in both the Prosecuting and Public Defense offices and requested to explore potential hiring bonuses and retention bonuses. Approved to move forward. • Becky Rogers discussed the Mason County Civil Service Commission vacancy news release. Approved to move forward. Page 12 • Jennifer Beierle shared the 2024 Budget Supplemental Appropriations and Amendments calendar. Public Hearing dates will be set for Tuesday,June 18 and Tuesday,December 17, 2024. • Jennifer gave an update on the Mason County Housing Authority(MCHA). As of January 2, 2024 no documentation has been received and no funds have been refunded back to the County for the amount of$468,439.29. • Mark shared the legislative session begins today. House Bill 2211 allows the local taxing authority to increase the Sales and Use tax to 3/10 of 1%to fund criminal justice. If the County does not impose this proposition,the City of Shelton can. Respectfully submitted, McKenzie Smith, Clerk of the Board BOARD OF MASON COUNTY COMMISSIONERS Randy Neatherlin, Kevin Shutty, Sharon Trask, Chair Vice-Chair Commission Page 13 BOARD OF MASON COUNTY COMMISSIONERS'BRIEFING MINUTES Mason County Commission Chambers,411 North 5th Street,Shelton,WA Week of January 15,2024 Tuesday,January 16,2024 8:20 A.M. Executive Session—RCW 42.30.110(1)(i)Potential Litigation Commissioners Neatherlin,Shutty,and Trask met in executive session for potential litigation from 8:20 a.m.to 8:30 a.m.Mark Neary,Tim Whitehead,Loretta Swanson, and Richard Dickinson were also in attendance. 8:30 A.M. Executive Session—RCW 42.30.110(1)(i)Potential Litigation Commissioners Neatherlin,Shutty,and Trask met in executive session for potential litigation from 8:30 a.m.to 9:00 a.m.Mark Neary,Tim Whitehead,and Nichole Wilston were also in attendance. 10:00 A.M. Mason Transit Authority(MTA)Board Interviews Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom. • The Commissioners interviewed Richard Stevens Sr.,Patrick O'Brien,Arthur Whitson Jr., Richard Lee,Juli Tuson,and Lauren Gilmore for the Mason Transit Authority(MTA)Board. Respectfully submitted, McKenzie Smith, Clerk of the Board BOARD OF MASON COUNTY COMMISSIONERS Sharon Trask, Randy Neatherlin, Kevin Shutty, Chair Vice-Chair Commission Page I 1 BOARD OF MASON COUNTY COMMISSIONERS'BRIEFING MINUTES Mason County Commission Chambers,411 North 5th Street,Shelton,WA Week of January 22,2024 Monday,January 22,2024 9:00 A.M. Closed Session—RCW 42.30.140(4)Labor Discussion Commissioners Neatherlin,Shutty,and Trask met in closed session for labor negotiation via Zoom from 9:00 a.m.to 10:00 a.m. Mark Neary,Mary Ransier, Cabot Dow,and Lindsey Smith were also in attendance. 10:00 A.M. Treasurer—Lisa Frazier Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom. • Lisa discussed the Electronic Funds Transfer(EFT)Policy. This has been reviewed by the Audit Committee. Approved to move forward. • Lisa shared the acknowledgement of receipt for the 2023 property tax refunds. Approved to move forward. • Lisa shared the Resolution for the 2024 uncollectible personal property taxes. Approved to move forward. • Lisa discussed updating County Code 3.17—Gambling Tax to reduce the gambling tax rate from 5%to 3%. Changing the rate would lower revenue by approximately 40%or$35,000 annually. Approved to move forward. • Lisa shared property taxes have been certified for collection. 10:20 A.M. Public Defense—Peter Jones Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom. • Peter discussed increasing Misdemeanor Attorney hourly rates from$75.00 an hour to $100.00 an hour. Approved to move forward. 10:25 A.M. Coroner—Jaime Taylor Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom. • Jaime requested to purchase a cooler, storage racks,and lift for storage in Belfair for and two four-person racks for the Shelton location for the estimated amount of$45,875.02 including installation. Approved to move forward. 10:30 A.M. Sheriff's Office—Undersheriff Adams Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom. • Undersheriff Adams gave an update on prisoner outsourcing with Nisqually Jail. Several Corrections Deputies have been hired;however,CJTC academy has a severe backlog for training. 10:35 A.M. Community Development—Kell Rowen Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom. • Marissa Watson shared the final draft Growth Management Act(GMA)Periodic Update grant with the Department of Commerce for the maximum amount of$350,000. Approved to move forward. • Marissa discussed the final draft Climate Planning grant with the Department of Commerce for the maximum amount of$125,000. Approved to move forward. • Scott Ruedy shared the Planned Unit Development(PUD)recommendation for approval from the Hearing Examiner regarding increased residential density from 14 units per acre to 25 units per acre for the Station at Shelton Springs. Approved to move forward. Page I 1 10:50 A.M. Public Health—Dave Windom Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom. • Dave shared the grant request from the Shelton Family YMCA for$20,006 to implement the Actively Changing Together(ACT!)program in Mason County. Approved to move forward. • Melissa Casey discussed reallocating$47,344.20 of unspent Fiscal Year 2023 (FY23) Consolidated Homeless Grant(CHG)Eviction Prevention funds to Shelton Family Center for $15,623.59 and Crossroads Housing for$31,720.61. Approved to move forward. • Melissa shared the application from Heather Kennedy for the Housing and Behavioral Health Advisory Board. 11:00 A.M. Public Works—Loretta Swanson Utilities&Waste Management Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom. • Richard Dickinson shared the applications from Karen Rice and Jens Dieter Stahmer for the Solid Waste Advisory Committee(SWAG). • Mike Collins discussed the interlocal agreements between Public Works and Fire District 3, Fire District 4,and North Mason Fire Authority for reimbursable work, supplies,and services. Approved to move forward. 11:10 A.M. Mason Transit Authority(MTA)Board Interview Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom. • The Commissioners interviewed Sheriff Ryan Spurling for the Mason Transit Authority Board. Sheriff Ryan Spurling and Richard Lee were selected to be appointed to the MTA Board. 11:15 A.M. Support Services—Mark Neary Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom. • Jennifer Beierle provided the December 2023 financial report. Current Expense revenue $45,869,673 at 107%. Treasurer department receipts$31,424,423 at 111%. Current Expense expenditure$45,000,038 at 92%. Six-year specific revenue streams: Community Development revenue$2,713,776;Detention and Correction services$60,236;Current Expense property tax$10,355,222;Road Diversion property tax$1,078,174;County Road property tax$10,324,935;Current Expense sales tax$9,528,289;Criminal Justice taxes $2,008,398;Rural Sales and Use tax$1,147,235;Homelessness Prevention filings$539,806; Lodging tax$1,066,219;and Real Estate Excise Tax(REET) 1 and 2$1,496,700 each. Total collected revenue$9,528,288.97;revenue budgeted$8.4 million. Current Expense cash $27,525,669. Special Fund cash$58,037,470. Motor Pool expenditure$1,488,659 at 83.8%. Special and Other Fund revenue$58,316,641 at 91%. Special and Other Fund expenditure $53,742,108 at 67%. • Mary Ransier shared the updated 2024 comparable counties. Cowlitz and Skagit were removed,and Kittitas and Walla Walla were added. Tabled. • Mary discussed adding the Grant Writer and temporary Therapeutic Court Caseworker positions to the Non-Represented Salary Scale. Approved to move forward. • Mary shared the results of the 2023 employee engagement survey. • Mary discussed Board of Equalization(BOE)compensation data. • Winter Perez presented the NEOGOV hiring data. • Diane Zoren discussed the Emergency Management Performance Grant(EMPG). Due to deadlines,the County Administrator signed the contract. • Cmmr. Shutty shared a request from the Port of Hoodsport regarding repairing the public pier and dock. Page 12 Respectfully submitted, McKenzie Smith, Clerk of the Board BOARD OF MASON COUNTY COMMISSIONERS Randy Neatherlin, Kevin Shutty, Sharon Trask, Chair Vice-Chair Commission Page 13 BOARD OF MASON COUNTY COMMISSIONERS'BRIEFING MINUTES Mason County Commission Chambers,411 North 5th Street,Shelton,WA Week of January 29,2024 Monday,January 29,2024 9:00 A.M. Executive Session—RCW 42.30.110(1)(i)Potential Litigation Commissioners Neatherlin,Shutty,and Trask met in executive session for potential litigation from 9:00 a.m.to 9:30 a.m.Mark Neary,Tim Whitehead,Loretta Swanson,and Richard Dickinson were also in attendance. 9:30 A.M. Closed Session—RCW 42.30.140(4)Labor Discussion Commissioners Neatherlin,Shutty,and Trask met in closed session for labor negotiation via Zoom from 9:30 a.m.to 10:00 a.m. Mark Neary,Mary Ransier,Cabot Dow,and Lindsey Smith were also in attendance. 10:00 A.M. Economic Development Council—Joe Schmit Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom. • Joe provided an update regarding recruiting an Executive Director,establishing articles of incorporation,a new website,and the grant writer program. Business recruitment projects include Project Alfred,agriculture, $500 million,and 150 jobs;Project Aramis,technology, $950 million,and 190 jobs;Project Condor,aerospace and technology, 10-20 jobs initially then up to 100-130 jobs;and Project Disk,aerospace,$300 million,and 250 jobs. Phase 1 of the Recompete grant was not awarded. 10:15 A.M. Housing and Behavioral Health Advisory Board Interview Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom. • The Commissioners interviewed Heather Kennedy for the Housing and Behavioral Health Advisory Board. Approved to move forward and appoint. 10:20 A.M. Solid Waste Advisory Committee Interviews Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom. • The Commissioners interviewed Karin Rice for the Solid Waste Advisory Committee. Tabled. 10:30 A.M. Indigent Defense—Peter Jones Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom. • Peter requested to increase the hourly rate to$75.00 for indigent defense investigators. Approved to move forward. • Peter requested to increase the hourly rate to$125.00 for Superior Court indigent defense to match the District Court indigent defense rate. Approved to move forward. • Peter shared the 2024 professional services contracts with Taschner Law,PLLC for both District Court and Superior Court. Approved to move forward. 10:35 A.M. Public Health—Dave Windom Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom. • Melissa Casey presented the Housing and Behavioral Health Advisory Board 2023 annual report. Approved to move forward. 10:40 A.M. Public Works—Loretta Swanson Utilities&Waste Management Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom. Page I 1 • Mike Collins requested the purchase of two Ford F150 trucks and two Ford F550 crew cab trucks for the total estimated cost of$392,265.94. • Loretta discussed adding the Fire District No. 17 Interlocal Agreement for Public Works reimbursable work,supplies,and services to the Tuesday,January 30 agenda. • Loretta discussed the landslide on State Route 106. Geotech is looking into the cause. 10:50 A.M. Support Services—Mark Neary Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom. • Diane Zoren shared the Artificial Intelligence(AI)Policy. Approved to move forward. • Jennifer Beierle gave an update on the American Rescue Plan Act(ARPA)funded projects. Mason County received$12,968,901 and expended$8,560,057.55. • Mary Ransier discussed the Memorandum of Understanding between Mason County Community Family Health and Teamsters Union Local No.252 updating Article 12.3 —Lead Worker Pay. Approved to move forward. • Mary requested to convert a Human Resources(HR)Analyst position to an Administrative Assistant II position. • Mark gave a quarterly review of documents signed by the County Administrator. • Commissioners discussed the Coroner's purchase of cooler,storage racks,and lift for a Belfair location and additional storage racks for the Shelton location. Approved to move forward with purchase of additional storage racks for Shelton. Respectfully submitted, McKenzie Smith, Clerk of the Board BOARD OF MASON COUNTY COMMISSIONERS Randy Neatherlin, Kevin Shutty, Sharon Trask, Chair Vice-Chair Commission Page 12 C Mason County Agenda Request Form Y 1 t! To: Board of Mason County Commissioners From: Danielle Thompson Ext.419 Department: Support Services Briefing: ❑ Action Agenda: ❑X Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): Click or tap here to enter text. Agenda Date: February 13,2024 Internal Review: ❑ Finance ❑ Human Resources ❑ Legal ❑ Information Technology ❑ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board's Use Only: Item Number: 8.1 Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken Ordinance/Resolution No. Contract No. County Code: Item• Approval of Warrants&Treasurer Electronic Remittances Claims Clearing Fund Warrant 8102575-8102788 $ 8,727,690.38 Direct Deposit Fund Warrant# 103739-104137 $ 885,147.00 Salary Clearing Fund Warrant#7007917-7007953 $ 1,186,504.99 Treasurer Electronic Remittance December $ 5,506,604.68 Macecom 01.04.24 $ 155,773.23 Mental Health 01.10.24 $ 1,007.61 Dispute Resolution Surcharge 01.10.24 $ 1,215.00 Current Expense 12.29.23 $ 59.79 Mason County Public Works Bond Principal 01.23.24 $ 994,275 Mason County Public Works Local Bond 01.23.24 $ 994,275 Mason County Public Works Bond Admin Fee 01.23.24 $ -- Reet 1/Debt Service 01.26.24 $ 235,166.00 MC LTGO 2008 Bond Fund 2020A 01.26.24 $ 235,166.00 MC LTGO Refunding BD Principle 2020A 01.26.24 $ -- MC LTGO Refunding BD Interest 2020A 01.26.24 $ -- ARPA 01.17.24 $ 37,072.42 DCD 01.17.24 $ 37.072.42 Sales/Use Tax 01.31.24 $ 450,000.00 Belfair Sewer 01.31.24 $ 450,000.00 Reet 2 01.31.24 $ 62,000.00 Rustlewood Sewer&Water 01.31.24 $ 62,000.00 Reet 1/Debt Service 01.26.24 $ 30,000.00 cli Mason County Agenda Request Form Current Expense 01.26.24$30,000. $ 65,791.00 Mason Co LTGO 2013 B(JAIL)01.26.24 $ 30,000.00 Mason Co LTGO 2013 B(JAIL)01.26.24 $ 65,791.00 Background/Executive Summary: The Board approved Resolution no. 80-00 Payment of Claims Against County: Procedure Authorizing Warrant Issue and Release Prior to Board Claim Approval. Mason County Code 3.32.060(a)requires that the Board enter into the minutes of the County Commissioners the approval of claims listing warrant numbers. Claims Clearing YTD total $ 13,660,066.52 Direct Deposit YTD total $ 3,837,319.17 Salary Clearing YTD total $ 3,846,704.87 Requested Action: Approval of the aforementioned Claims Clearing Fund,Direct Deposit Fund, Salary Clearing Fund,and Treasurer Electronic Remittance warrants. Attachments Originals on file with the Auditor/Financial Services; copies on file with the Clerk of the Board C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Marissa Watson Ext. 367 Department Community Development: Briefing: ❑X Action Agenda: ❑X Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): January 22,2024 Agenda Date: January 30,2024 Internal Review: ❑ Finance ❑ Human Resources ❑ Legal ❑ Information Technology ❑ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board's Use Only: Item Number: 8.2 Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken Ordinance/Resolution No. Contract No. County Code: Item• Final Draft Climate Planning Grant Background/Executive Summary: Mason County Community Development(Planning)has been working with the WA Department of Commerce to draft a grant contract for the climate planning required to implement the requirements of HB 1181. This grant contract is separate from the Periodic Update Grant contract. This grant will support the climate planning portion of the Comprehensive Plan periodic update. Previously a letter of support was briefed with the BOCC as well as signed. Budget Impact(amount, funding source,budget amendment): The funding source for this project is a grant made available through the Washington State Department of Commerce.Award for this non-competitive grant is$125,000. Public Outreach (news release,community meeting, etc.): There will be many public outreach activities planned and implemented throughout the update process. Requested Action: Approval for the Chair to sign the 2023-2025 Climate Planning Grant contract with the Department of Commerce for the amount of$125,000. Attachments Contract . ' Washington State DepartmV Coerce Interagency Agreement with Mason County through Growth Management Services Contract Number: 24-63610-139 For 2023-2025 Climate Planning Grant Dated: Date of Execution .46%Washing-.on Slate Depa•ITIeni of Commerce Table of Contents TABLE OF CONTENTS.......................................................................................................................................... 2 FACESHEET........................................................................................................................................................ 3 SPECIAL TERMS AND CONDITIONS...................................................................................................................... 4 1. AUTHORITY......................................................................................................................................................4 2. CONTRACT MANAGEMENT.............................................................................................................................4 3. COMPENSATION..............................................................................................................................................4 4. BILLING PROCEDURES AND PAYMENT.............................................................................................................4 5. SUBCONTRACTOR DATA COLLECTION.............................................................................................................5 6. INSURANCE......................................................................................................................................................5 7. FRAUD AND OTHER LOSS REPORTING.............................................................................................................5 8. ORDER OF PRECEDENCE..................................................................................................................................6 GENERAL TERMS AND CONDITIONS.................................................................................................................... 7 1. DEFINITIONS....................................................................................................................................................7 2. ALL WRITINGS CONTAINED HEREIN.................................................................................................................7 3. AMENDMENTS................................................................................................................................................7 4. ASSIGNMENT...................................................................................................................................................7 5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION ...........................................................................7 6. COPYRIGHT......................................................................................................................................................8 7. DISPUTES.........................................................................................................................................................8 8. GOVERNING LAW AND VENUE........................................................................................................................9 9. INDEMNIFICATION ..........................................................................................................................................9 10. LICENSING,ACCREDITATION AND REGISTRATION...........................................................................................9 11. RECAPTURE......................................................................................................................................................9 12. RECORDS MAINTENANCE................................................................................................................................9 13. SAVINGS..........................................................................................................................................................9 14. SEVERABILITY...................................................................................................................................................9 15. SUBCONTRACTING........................................................................................................................................10 16. SURVIVAL.......................................................................................................................................................10 17. TERMINATION FOR CAUSE ............................................................................................................................10 18. TERMINATION FOR CONVENIENCE................................................................................................................10 19. TERMINATION PROCEDURES.........................................................................................................................10 20. TREATMENT OF ASSETS.................................................................................................................................11 21. WAIVER .........................................................................................................................................................12 ATTACHMENT A:SCOPE OF WORK....................................................................................................................13 ATTACHMENT B: BUDGET.................................................................................................................................16 Page 2 of 17 .1►.washing:on SLale Vi►f Commerc e Face Sheet Contract Number: 24-63610-139 Local Government Division Growth Management Services 2023-2025 Climate Planning Grant 1. Contractor 2. Contractor Doing Business As (as applicable) Mason County N/A 615 W. Alder St Shelton, WA 98584 3. Contractor Representative 4. COMMERCE Representative Marissa Watson Noelle Madera PO Box 42525 mwatson6a�mason countywa.gov Climate Operations Team Lead 1011 Plum St. SE 509-818-1040 Olympia, WA 98504 noelle.madera@commerce.wa.gov 5. Contract Amount 6. Funding Source 7. Start Date 8. End Date $125,000 Federal: ❑ State: ® Other: ❑ N/A: ❑ July 1, 2023 June 30, 2025 9. Federal Funds (as applicable) Federal Agency: ALN N/A N/A N/A 10. Tax ID# 11. SWV# 12. UBI # 13. UEI# N/A SWV0001893-17 232-002-101 N/A 14. Contract Purpose For the development of the Growth Management Act (GMA) climate change and resiliency element requirements related to the implementation of HB 1181. COMMERCE, defined as the Department of Commerce, and the Contractor, as defined above, acknowledge and accept the terms of this Contract and Attachments and have executed this Contract on the date below and warrant they are authorized to bind their respective agencies. The rights and obligations of both parties to this Contract are governed by this Contract and the following documents incorporated by reference: Contractor Terms and Conditions including Attachment"A"—Scope of Work and Attachment"B"— Budget. FOR CONTRACTOR FOR COMMERCE ^sew=Randy Neatherlin, <in—r, t tftle>Chair <insert name>, <insert title> Signature Date Date APPROVED AS TO FORM ONLY BY ASSISTANT ATTORNEY GENERAL APPROVAL ON FILE Page 3 of 17 .1►.washing:on Slate V60 Commerc e Special Terms and Conditions 1. AUTHORITY COMMERCE and Contractor enter into this Contract pursuant to the authority granted by Chapter 39.34 RCW. 2. CONTRACT MANAGEMENT The Representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Contract. The Representative for COMMERCE and their contact information are identified on the Face Sheet of this Contract. The Representative for the Contractor and their contact information are identified on the Face Sheet of this Contract. 3. COMPENSATION COMMERCE shall pay an amount not to exceed one hundred twenty-five thousand dollars ($125,000), for the performance of all things necessary for or incidental to the performance of work under this Contract as set forth in the attached Scope of Work and Budget. 4. BILLING PROCEDURES AND PAYMENT COMMERCE will pay Contractor upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the Representative for COMMERCE not more often than monthly nor less than quarterly. The invoices shall describe and document, to COMMERCE's satisfaction, a description of the work performed, the progress of the project, and fees. The invoice shall include the Contract Number 24- 63610-139. A receipt must accompany any single expenses in the amount of$50.00 or more in order to receive reimbursement. Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Contractor. COMMERCE may, in its sole discretion, terminate the Contract or withhold payments claimed by the Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of this Contract. No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall be made by COMMERCE. Grant Start Date COMMERCE will pay the Contractor for costs incurred beginning July 1, 2023, for services and deliverables described under this Agreement. State Fiscal Year Payments COMMERCE will reimburse Contractor for State Fiscal Year 2024 (July 1, 2023-June 30, 2024), and State Fiscal Year 2025 (July 1, 2024-June 30, 2025), based on the expenses incurred under this Contract. Invoices and End of Fiscal Year Invoices are due at a minimum of June 15, 2024 and 2025, if not submitted at more frequent intervals. Page 4 of 17 .1►.Washing:on Slate 960 Commerc e Final invoices for a state fiscal year may be due sooner than the 15th of June and Commerce will provide notification of the end of fiscal year due date. The Contractor must invoice for all expenses from the beginning of the contract through June 30, regardless of the contract start and end date. Duplication of Billed Costs The Contractor shall not bill COMMERCE for services performed under this Agreement, and COMMERCE shall not pay the Contractor, if the Contractor is entitled to payment or has been or will be paid by any other source, including grants, for that service. Disallowed Costs The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subcontractors. Line Item Modification of Budget A. Notwithstanding any other provision of this contract,the Contractor may, at its discretion, make modifications to line items in the Budget, hereof, that will not increase the line item by more than fifteen percent(15%). B. The Contractor shall notify COMMERCE in writing (by email or regular mail) when proposing any budget modification or modifications to a line item in the Budget (Attachments B) hereof, that would increase the line item by more than fifteen percent(15%). Conversely, COMMERCE may initiate the budget modification approval process if presented with a request for payment under this contract that would cause one or more budget line items to exceed the 15 percent (15%)threshold increase described above. C. Any such budget modification or modifications as described above shall require the written approval of COMMERCE (by email or regular mail), and such written approval shall amend the Project Budget. Each party to this contract will retain and make any and all documents related to such budget modifications a part of their respective contract file. D. Nothing in this section shall be construed to permit an increase in the amount of funds available for the Project,as set forth in Section 3 of this contract, nor does this section allow any proposed changes to the Scope of Work, include Tasks/Work Items and Deliverables under Attachment A, without specific written approval from COMMERCE by amendment to this contract. 5. SUBCONTRACTOR DATA COLLECTION Contractor will submit reports, in a form and format to be provided by Commerce and at intervals as agreed by the parties, regarding work under this Contract performed by subcontractors and the portion of Contract funds expended for work performed by subcontractors, including but not necessarily limited to minority-owned, woman-owned, and veteran-owned business subcontractors. "Subcontractors" shall mean subcontractors of any tier. 6. INSURANCE Each party certifies that it is self-insured under the State's or local government self-insurance liability program, and shall be responsible for losses for which it is found liable. 7. FRAUD AND OTHER LOSS REPORTING Contractor shall report in writing all known or suspected fraud or other loss of any funds or other property furnished under this Contract immediately or as soon as practicable to the Commerce Representative identified on the Face Sheet. Page 5 of 17 Aft Washington State of 9160 CO pmmeT(e 8. ORDER OF PRECEDENCE In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the following order: • Applicable federal and state of Washington statutes and regulations • Special Terms and Conditions • General Terms and Conditions • Attachment A—Scope of Work • Attachment B—Budget Page 6 of 17 .1►.washing:on Slate 960 Commerc e General Terms and Conditions 1. DEFINITIONS As used throughout this Contract, the following terms shall have the meaning set forth below: A. "Authorized Representative" shall mean the Director and/or the designee authorized in writing to act on the Director's behalf. B. "COMMERCE" shall mean the Washington Department of Commerce. C. "Contract" or "Agreement" or "Grant" means the entire written agreement between COMMERCE and the Contractor, including any Attachments, documents, or materials incorporated by reference. E-mail or Facsimile transmission of a signed copy of this contract shall be the same as delivery of an original. D. "Contractor" or "Grantee" shall mean the entity identified on the face sheet performing service(s) under this Contract, and shall include all employees and agents of the Contractor. E. "Personal Information" shall mean information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers, and "Protected Health Information" under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). F. "State" shall mean the state of Washington. G. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or part of those services under this Contract under a separate contract with the Contractor.The terms"subcontractor" and "subcontractors" mean subcontractor(s) in any tier. 2. ALL WRITINGS CONTAINED HEREIN This Contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 3. AMENDMENTS This Contract may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 4. ASSIGNMENT Neither this Contract, work thereunder, nor any claim arising under this Contract, shall be transferred or assigned by the Contractor without prior written consent of COMMERCE. 5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION A. "Confidential Information" as used in this section includes: i. All material provided to the Contractor by COMMERCE that is designated as"confidential" by COMMERCE; ii. All material produced by the Contractor that is designated as "confidential" by COMMERCE; and Page 7 of 17 .1►.washing:on Slate V60 Commerc e iii. All Personal Information in the possession of the Contractor that may not be disclosed under state or federal law. B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The Contractor shall use Confidential Information solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of COMMERCE or as may be required by law. The Contractor shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request, the Contractor shall provide COMMERCE with its policies and procedures on confidentiality. COMMERCE may require changes to such policies and procedures as they apply to this Contract whenever COMMERCE reasonably determines that changes are necessary to prevent unauthorized disclosures. The Contractor shall make the changes within the time period specified by COMMERCE. Upon request, the Contractor shall immediately return to COMMERCE any Confidential Information that COMMERCE reasonably determines has not been adequately protected by the Contractor against unauthorized disclosure. C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within five (5) working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. 6. COPYRIGHT Unless otherwise provided, all Materials produced under this Contract shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be considered the author of such Materials. In the event the Materials are not considered "works for hire" under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to COMMERCE effective from the moment of creation of such Materials. "Materials" means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions."Ownership"includes the right to copyright, patent, register and the ability to transfer these rights. For Materials that are delivered under the Contract, but that incorporate pre-existing materials not produced under the Contract, the Contractor hereby grants to COMMERCE a nonexclusive, royalty- free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants and represents that the Contractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE. The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of Materials furnished under this Contract,of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Contract. The Contractor shall provide COMMERCE with prompt written notice of each notice or claim of infringement received by the Contractor with respect to any Materials delivered under this Contract. COMMERCE shall have the right to modify or remove any restrictive markings placed upon the Materials by the Contractor. 7. DISPUTES In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts,Agreement terms and applicable statutes and rules and make a determination of the dispute. The Dispute Board shall thereafter decide the dispute with the majority Page 8 of 17 .1►.washing:on Slate V60 Commerc e prevailing. The determination of the Dispute Board shall be final and binding on the parties hereto.As an alternative to this process, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. 8. GOVERNING LAW AND VENUE This Contract shall be construed and interpreted in accordance with the laws of the state of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. 9. INDEMNIFICATION Each party shall be solely responsible for the acts of its employees, officers, and agents. 10. LICENSING, ACCREDITATION AND REGISTRATION The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Contract. 11. RECAPTURE In the event that the Contractor fails to perform this Contract in accordance with state laws, federal laws, and/or the provisions of this Contract, COMMERCE reserves the right to recapture funds in an amount to compensate COMMERCE for the noncompliance in addition to any other remedies available at law or in equity. Repayment by the Contractor of funds under this recapture provision shall occur within the time period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments due under this Contract. 12. RECORDS MAINTENANCE The Contractor shall maintain books, records, documents, data and other evidence relating to this contract and performance of the services described herein, including but not limited to accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this contract. The Contractor shall retain such records for a period of six years following the date of final payment. At no additional cost,these records, including materials generated under the contract,shall be subject at all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 13. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Contract and prior to normal completion, COMMERCE may suspend or terminate the Contract under the "Termination for Convenience"clause, without the ten calendar day notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding limitations and conditions. 14. SEVERABILITY The provisions of this contract are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the contract. Page 9 of 17 ./►.Washing-on Slate V60 Commerc e 15. SUBCONTRACTING The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written approval of COMMERCE. If COMMERCE approves subcontracting, the Contractor shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, COMMERCE in writing may: (a) require the Contractor to amend its subcontracting procedures as they relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity; or(c) require the Contractor to rescind or amend a subcontract. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The Contractor is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term or condition of this Contract. The Contractor shall appropriately monitor the activities of the Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a subcontract operate to release or reduce the liability of the Contractor to COMMERCE for any breach in the performance of the Contractor's duties. Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for claims or damages arising from a Subcontractor's performance of the subcontract. 16. SURVIVAL The terms, conditions, and warranties contained in this Contract that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Contract shall so survive. 17. TERMINATION FOR CAUSE In the event COMMERCE determines the Contractor has failed to comply with the conditions of this contract in a timely manner, COMMERCE has the right to suspend or terminate this contract. Before suspending or terminating the contract, COMMERCE shall notify the Contractor in writing of the need to take corrective action. If corrective action is not taken within 30 calendar days, the contract may be terminated or suspended. In the event of termination or suspension, the Contractor shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, e.g., cost of the competitive bidding, mailing, advertising and staff time. COMMERCE reserves the right to suspend all or part of the contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the Contractor or a decision by COMMERCE to terminate the contract. A termination shall be deemed a "Termination for Convenience" if it is determined that the Contractor: (1) was not in default; or (2) failure to perform was outside of his or her control, fault or negligence. The rights and remedies of COMMERCE provided in this contract are not exclusive and are, in addition to any other rights and remedies, provided by law. 18. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Contract, COMMERCE may, by ten (10) business days'written notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If this Contract is so terminated, COMMERCE shall be liable only for payment required under the terms of this Contract for services rendered or goods delivered prior to the effective date of termination. 19. TERMINATION PROCEDURES Upon termination of this contract, COMMERCE, in addition to any other rights provided in this contract, may require the Contractor to deliver to COMMERCE any property specifically produced or acquired for the performance of such part of this contract as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer. Page 10 of 17 .AIR Washing-on Slate 940 Comineir e COMMERCE shall pay to the Contractor the agreed upon price, if separately stated, for completed work and services accepted by COMMERCE, and the amount agreed upon by the Contractor and COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially completed work and services, (iii)other property or services that are accepted by COMMERCE, and (iv)the protection and preservation of property, unless the termination is for default, in which case the Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree with such determination shall be a dispute within the meaning of the"Disputes"clause of this contract. COMMERCE may withhold from any amounts due the Contractor such sum as the Authorized Representative determines to be necessary to protect COMMERCE against potential loss or liability. The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. After receipt of a notice of termination, and except as otherwise directed by the Authorized Representative, the Contractor shall: A. Stop work under the contract on the date, and to the extent specified, in the notice; B. Place no further orders or subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the contract that is not terminated; C. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the Authorized Representative,all of the rights,title, and interest of the Contractor under the orders and subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; D. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Authorized Representative to the extent the Authorized Representative may require, which approval or ratification shall be final for all the purposes of this clause; E. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by the Authorized Representative any property which, if the contract had been completed, would have been required to be furnished to COMMERCE; F. Complete performance of such part of the work as shall not have been terminated by the Authorized Representative; and G. Take such action as may be necessary, or as the Authorized Representative may direct, for the protection and preservation of the property related to this contract, which is in the possession of the Contractor and in which COMMERCE has or may acquire an interest. 20. TREATMENT OF ASSETS Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property furnished by the Contractor, for the cost of which the Contractor is entitled to be reimbursed as a direct item of cost under this contract, shall pass to and vest in COMMERCE upon delivery of such property by the Contractor. Title to other property,the cost of which is reimbursable to the Contractor under this contract, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the performance of this contract, or(ii) commencement of use of such property in the performance of this contract, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first occurs. A. Any property of COMMERCE furnished to the Contractor shall, unless otherwise provided herein or approved by COMMERCE, be used only for the performance of this contract. B. The Contractor shall be responsible for any loss or damage to property of COMMERCE that results from the negligence of the Contractor or which results from the failure on the part of the Contractor to maintain and administer that property in accordance with sound management Page 11 of 17 AftWashing,=State Department of ��►�COmmeme practices. C. If any COMMERCE property is lost, destroyed or damaged, the Contractor shall immediately notify COMMERCE and shall take all reasonable steps to protect the property from further damage. D. The Contractor shall surrender to COMMERCE all property of COMMERCE prior to settlement upon completion, termination or cancellation of this contract. E. All reference to the Contractor under this clause shall also include Contractor's employees, agents or Subcontractors. 21. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be such in writing and signed by Authorized Representative of COMMERCE. Page 12 of 17 .1�►.Washing-.on Slate Depa"Meniof Commerce Attachment A: Scope of Work Mason County Scope of Work for Climate Planning—Climate Resilience Sub-Element Section Steps, Description End Date Tasks, and Deliverables Section 2: Climate Initiate Project 11/2023 — 01/2024 Policy Creation Task 2.1 Form Climate Policy Advisory Team Task 2.2 Establish engagement strategy that supports environmental justice Review Comprehensive Plan PPP and revise as needed Deliverable 1 In-Progress Climate Element Workbook 01/31/2024 Sections 2.1, 2.2 completed Resilience Sub- Explore Climate Impacts 11/2023 — 02/2024 Element Sec. 3, Step 1 Task 3.1.1 Identify community assets Use existing Mason County Critical Facilities & Critical Infrastructure Map and other sources Task 3.1.2 Explore hazards and changes in the climate Use existing Mason County earthquake, flood, fire, landslide hazard, and liquefaction maps; UW's Climate Mapping for a Resilient Washington webtool; NOAA's Climate Resilience Toolkit and Climate Mapping for Resilience and Adaptation tool; and WA DOC's climate website resources Task 3.1.3 Pair assets and hazards and describe exposure and consequences Use existing Mason County Risk Assessment Task 3.1.4 Identify priority climate hazards Page 13 of 17 .1�►.Washington Slate Depa"Meniof Commere(I Deliverable 2 In-Progress Climate Element Workbook 02/28/2024 Sections S3 Task 1.1, S3 Task 1.2, S3 Task 1.3, and S3 Task 1.4 completed Resilience Sub- Audit Plans & Policies 02/24— 04/24 Element Sec. 3, Step 2 Task 3.2.1 Review existing plans for climate gaps and opportunities Review Comprehensive Plan and Hazard Mitigation Plan Task 3.2.2 Determine next step; for each climate hazard identified in Task 3.1.4, complete Climate Workbook questionnaire Deliverable 3 In-Progress Climate Element Workbook 04/30/2024 Sections S3 Task 2.1 and S3 Task 2.2 completed Resilience Sub- Assess Vulnerability & Risk 04/2024— 08/2024 Element Sec. 3, Step 3 Task 3.3.1 Assess sensitivity of community assets Select appropriate indicators and develop assessment rules, including composites for multiple indicators Task 3.3.2 Assess adaptive capacity of community assets Select appropriate indicators and develop assessment rules, including composites for multiple indicators Task 3.3.3 Characterize vulnerability of community assets Establish composite, qualitative rating using sensitivity and adaptive capacity ratings Task 3.3.4 Characterize risk of community assets For medium/high vulnerability assets Task 3.3.5 Decide course of action Page 14 of 17 .1�►.Washington Slate Depa"Meniof Commerce Meet with partners, stakeholders, and decision makers to accept risk or take action Deliverable 4 In-Progress Climate Element Workbook 08/31/2024 Sections S3 Tasks 3.1-3.3 and S3 Tasks 3.4- 3.5 completed; documentation of applicable indicators/rules explained clearly Resilience Sub- Pursue Pathways 08/2024— 10/2024 Element Sec. 3, Step 4 Task 3.4.1 Adapt/expand existing goals where possible and develop new goals where needed Task 3.4.2 Adapt/expand existing policies where possible and develop new policies where needed Task 3.4.3 Identify policy co-benefits Deliverable 5 In-Progress Climate Element Workbook 10/15/2024 Section S3 Tasks 4.1-4.3 completed Resilience Sub- Integrate Goals & Policies 0812024— 03/2025 Element Sec. 3, Step 5 Task 3.5.1 Review and finalize resilience goals and policies Task 3.5.2 Consult with partners and stakeholders Deliverable 6 Completed Climate Element Workbook 03/31/2025 Section S3 Step 5 completed Review and Public Review and Decision Process 03/2025 — 06/2025 Adoption Task 5 Planning Commission and City Council 03/2025 — 06/2025 Meetings Final Deliverable Deliverable 7 Adopted Climate Element with Resilience 06/30/2025 goals and policies Page 15 of 17 Aft Washington State of 9160 Co pmmerce Attachment B: Budget Commerce Deliverables Grant Funds 1 In-Progress Climate Element Workbook Sections 2.1, 2.1 completed $5,000 2 In-Progress Climate Element Workbook Sections S3 Task 1.1, S3 Task 1.2, S3 Task 1.3, and S3 Task 1.4 completed $15,000 3 In-Progress Climate Element Workbook Sections S3 Task 2.1 and S3 Task 2.2 completed $15,000 4 In-Progress Climate Element Workbook Sections S3 Tasks 3.1-3.3 and S3 Tasks 3.4-3.5 completed $20,000 5 In-Progress Climate Element Workbook Section S3 Tasks 4.1-4.3 completed $20,000 6 Completed Climate Element Workbook Section S3 Step 5 completed $10,000 7 Adopted Climate Element with Resilience $40,000 Goals &Policies Page 16 of 17 Aft Washington State of 9160 Co pmmerce Total $300,000 $125,000 Page 17 of 17 C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Lisa Frazier Ext.484 Department: Treasurer's Office Briefing: 0 Action Agenda: 0 Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): February 5,2024 Agenda Date: February 13,2024 Internal Review: ❑ Finance ❑ Human Resources 0 Legal ❑ Information Technology ❑ Risk (This is the responsibility of the requesting Department) Below for Clerk of the Board's Use Only: Item Number: 8.3 Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken Ordinance/Resolution No. Contract No. County Code: Item• Amending Resolution No. 2022-057 Mason County Utilities and Waste Cash Drawers Background/Executive Summary: The Finance Manager for Public Works requested that the cash drawers for Utilities and Waste be increased by $100 each. Increases in fees have affected the amount of cash and change needed on hand to accommodate. Budget Impact(amount, funding source,budget amendment): $800 to Fund 402—Utilities and Waste. Public Outreach (news release,community meeting, etc.): None Requested Action: Approval of the Resolution amending Resolution No.2022-057 Mason County Utilities and Waste cash drawers increasing each cash drawer amount from$400 to$500. Attachments Resolution RESOLUTION NO. AMENDING RESOLUTION NO. 2022-057 MASON COUNTY UTILITIES&WASTE MANAGEMENT CASH DRAWERS WHEREAS, Mason County Department of Utilities&Waste Management has the operation of the Mason County Solid Waste Facilities,and WHEREAS,the Finance Director for Public Works in discussions with the Mason County Treasurer's Office that due to rate increases at the Landfill, it is necessary to increase the amount in each of the cash drawers by$100 to accommodate the appropriate denominations of cash on hand to make change as necessary for customers. THEREFORE,the Mason County Treasurer recommends an increase of$100 for each of the eight cash drawers as shown below. CASH DRAWER#CURRENT CASH DRAWER AMOUNT NEW CASH DRAWER AMOUNT #1 $400.00 $500.00 #2 $400.00 $500.00 #3 $400.00 $500.00 #4 $400.00 $500.00 #5 $400.00 $500.00 #6 $400.00 $500.00 #7 $400.00 $500.00 #8 MANAGER CHANGE BAG $500.00 $600.00 Total $3,300.00 New Total $4,100.00 NOW THEREFORE,BE IT RESOLVED THAT,the Board of Mason County Commissioners approved the recommendation of the Mason County Treasurer and the cash drawers as listed above in the new amounts are approved. The Mason County Department of Utilities and Waste is authorized to take the appropriate steps to create and increase the cash drawers as established above. APPROVED this ,day of February,2024. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON ATTEST: Randy Neatherlin,Chair Elisabeth Frazier, Mason County Treasurer Kevin Shutty,Vice Chair ATTEST: McKenzie Smith,Clerk of the Board Sharon Trask, Commissioner APPROVED AS TO FORM: Tim Whitehead, Chief DPA C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Ian Tracy Ext. 544 Department: Public Health Briefing: 0 Action Agenda: 0 Public Hearing: 0 Special Meeting: ❑ Briefing Date(s): February 5,2024 Agenda Date: February 13,2024 Internal Review: ❑ Finance ❑ Human Resources ❑X Legal ❑ Information Technology ❑ Risk (This is the responsibility of the requesting Department) Below for Clerk of the Board's Use Only: Item Number: 8.4 Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken Ordinance/Resolution No. Contract No. County Code: Item• Mason County Code Chapter 6.68 Water Adequacy Regulation—Proposed Changes Background/Executive Summary: This regulation provides the minimum requirements staff use when processing and issuing building permits and establishing Two-Party/Group B water systems. Part of this regulation,commonly referred to as the Hirst Response is being moved into Title 17 to bring it into alignment with the state law from which it originates. The remainder of the regulation is being updated to make our minimum supply requirements consistent with neighboring jurisdictions and require a satisfactory bacterial report for those proposing to connect to a Group B well. Currently we require 800ga1/day/connection. We propose to change this to 400ga1/day/connection which is consistent with Kitsap and Thurston County. Budget Impact(amount, funding source,budget amendment): N/A Public Outreach (news release,community meeting, etc.): N/A Requested Action: Approval to set a Public Hearing for Tuesday,March 12,2024 at 9:15 a.m. to review and approve amendments to County Code Title 6—Sanitary Code regarding Water Adequacy. Attachments Draft Code Amendments Draft Ordinance Draft Notice of Hearing ORDINANCE NUMBER AMENDMENT TO MASON COUNTY CODE TITLE 6 CHAPTER 6.68 WATER ADEQUACY ORDINANCE amending sections of Mason County Code Title 6 Chapter 6.68 Water Adequacy to re-organize portions of the code and adjust minimum water supply requirements for issuance of permits. WHEREAS, RCW 70.05.060 directs the Local Board of Health to enact local rules and regulations as are necessary in order to preserve, promote and improve the public health; and WHEREAS, Mason County Code Title 6.68 provides minimum drinking water supply requirements for development; and WHEREAS, portions of this code are not consistent with state code; and WHEREAS, some requirements of this code have been found to be overly burdensome and inconsistent with neighboring jurisdictions; and WHEREAS, the Commissioners considered the proposed amendment at a duly advertised public hearing on March 12'h, 2024; and WHEREAS, the Board of County Commissioners took public testimony from interested parties, considered all the written and oral arguments, testimony and comments presented; and WHEREAS, the Board of County Commissioners also considered the Staff Report; and WHEREAS, the Board of County Commissioners finds that the proposed amendment to Title 6, Section 6.68.010, 6.68.020, 6.68.030, 6.68.040, 6.68.050, 6.68.060, and 6.68.070 complies with all applicable requirements of the Mason County Code, and that it is in the best public interest; and BE IT HEREBY ORDAINED, the Mason County Board of Commissioners hereby approves and ADOPTS amendments to the Mason County Code Title 6, as described in Attachment A. DATED this day of 92023. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY, WASHINGTON McKenzie Smith, Clerk of the Board Randy Neatherlin, Chair APPROVED AS TO FORM: Kevin Shutty, Vice-Chair Tim Whitehead, Chief Deputy Prosecuting Attorney Sharon Trask, Commissioner Attachment A Chapter 6.68 DRINKING WATER ADEQUACY REGULATIONS 6.68.010 Purpose. Act(RCW 36.70A)for new censtFuction and te each let in a proposed subdivision or a sheFt subdivision prier te appFeval {b� The purpose of this chapter is to protect public health and support safe, reliable drinking water by establishing minimum standards for potable water supply for building permits and land divisionit is expFess purpose of this ehapteF tE)PFE)vide fer and PFE)Fnete the health, safety and welfaFe ef the gene public,and nOt GFeate eF etheFWise establish er designate any paFtiGUlaF elass E)F gFEMP of peFSOAS whe will er (Res. 68-96(part), 1996:§ 1 of Res.dated 1/4/96). (Ord. No.04-18,Att.A,2-1-2018;Ord. No. 12-18,Att.A,2-20-2018; Ord. No. 19-18,Att.A,3-20-2018) 6.68.020 Scope of coverage. (a) The provisions of this chapter shall apply to all territories contained within the jurisdictional boundaries of tl�--Mason County Department of r,,.,,.,,unity Services The provisions of these rules and regulations shall apply to all new residences, places of business,or other buildings or places where persons congregate, reside or are employed which requires potable water and to land segregation regulated under Title 16 of this code. (b) Any building necessitating potable water shall provide proof of potable water as delineated in this code and approved by the eemmunit•seFviees dDirector or their designee(s) prior to issuance of the permit. Exemptions to this code are listed as follows: (1) Buildings identified by the building official which do not require potable water facilities; (2) Improvements, replacement structures,or additions to buildings which already contain potable water- and will not result Alt on increased..,-teF. (Res. 68-96(part), 1996:§2 of Res.dated 1/4/96). (Ord. No.04-18,Att.A,2-1-2018;Ord. No. 12-18,Att.A,2-20-2018; Ord. No. 19-18,Att.A,3-20-2018) 6.68.030 Definitions. The definitions of terms in WAC 246-290,WAC 246-291, RCW 90 03 RCW 90 nn and Title 16 of this code are adopted and incorporated by reference. (Res. 68-96(part), 1996:§3 of Res.dated 1/4/96). (Ord. No.04-18,Att.A,2-1-2018;Ord. No. 12-18,Att.A,2-20-2018; Ord. No. 19-18,Att.A,3-20-2018) 6.68.040 Determination of adequacy for building permits. (a) Greup B er T,. _Party Public WateF Systems. (1) Prior to issuance of a building permit,the wateF system manageF provides, in writing,verification that the water system is able and willing to provide water to the new connection and that doing so will not (Supp.No.63,5-23) Page 3 of 8 Attachment A exeeed- limits impesed upen the system by aRy State and leeal regulation.Verifirzatien in WFitiAg Will hP nlishnrd by signing statement en a nliGatien form,and Quality. li � jrc� rrt�. n areas ef water quality 'fer any er all of the following: A. Primary n+n + s— R Ser•r.nrdary ntaminates 1i l +ilneFganienrds(VOC) nrd/nr D. Synthetic n nrds/curl (B) Quantity.The minimum quantity of available water supply shall be eight hundred gallons per connection per day andpumping rn+n of one gallon peFminute n connection. (C) Compliance. (i) Water systems must be in compliance with state and local design and construction Fequirements and with ngoing Fecluirements set forth by state r u latinn A wateF Fight permit er ee-Ftifie-ate A-f Surfaee vi-ateF Fight shall be ebtained-frem the 1A ashingten State Depa Ftmen+of Eceleg y where r e d by RCW 90.03 and QQ 44 (ba) Group A Public Water Systems. (1) Prior to issuance of a building permit,the water system manager provides, in writing,verification that the water system is able and willing to provide water to the new connection and that doing so will not exceed limits imposed upon the system by any state and local regulation.Verification in writing will be accomplished by signing a statement one the application form provided by the department. The form must be signed by the water system manager or their designee; and (2) Upon receipt of the application form,the Washington State Department of Health DOH is consulted to and the Washington State Department of Health determines#kalif the water system is adequate._ The consultation may be in the form of review of the state drinking water database or through direct communication with DOH staff. (b) Group B Public Water Systems. (1) Prior to issuance of a building permit,the applicant will provide the following: (A) The form provided by the department verifying that the water system is able and willing to provide water to the new connection and that doing so will not exceed limits imposed upon the system by any state and local regulation. The form must be signed by the water system manager or their designee. (B) A satisfactory bacteriological report. (2) Upon receipt of the application packet,the Department will review for the following: (Supp.No.63,5-23) Page 4 of 8 Attachment A (A) Quality. (i) A satisfactory bacteriological analysis is required within 12 months of permit application. (i i) In areas of water quality concern,water quality may be required to be further evaluated for the following: A. Primary contaminates, B. Secondary contaminates, C. Volatile organic compounds(VOC),and/or D. Synthetic organic compounds(SOC). (B) Quantity.The menar^ ^^^ ^^* supply shall be feur hundredT(^n )^Follons per c (6B) Compliance. (i) Water systems must be in compliance with state and local design and construction requirements and with on-going requirements set forth by state regulation. (i i) Source wells must be constructed according to the requirements set forth by WAC 173- 160. Proper permitting and notification to state and local departments shall be adhered to. (iii) A water right permit or certificate of surface water right shall be obtained from the Washington State Department of Ecology where required by RCW 90.03 and 90.44. (c) Individual Seurceeand Two-Party wells. (1) Prior to issuance of the building permit the applicant will provide the following: (A) eCopy of the water well report; (B) a-sSatisfactory bacteriological report,. (C) &Rd-aWell capacity test_ (D) Completed application form provided by the department;a+�d (2) Upon receipt of the application packet,the departmentdecumentatioR will be reviewed for the following: (A) Quality. (i) A satisfactory bacteriological analysis is required within 12 months of permit application. (i i) In areas of water quality concern,water quality may be required to be further evaluated for the following: A. Primary contaminates, B. Secondary contaminates, C. Volatile organic compounds(VOC),and/or D. Synthetic organic compounds(SOC). In of; Fat^-quality Geneem,the (B) Quantity.The minimum quantity of available water supply shall be four hundred(400)gallons per day per connections„anti+., The saFne.,,gUiF,,.nents apply as described in subsection (^)(2)(B with the exception that appreffiate conservation in conjunction with adequate sterage measUFes may be used to justify a daily volurne of less than eight hundred gall (Supp.No.63,5-23) Page 5 of 8 Attachment A (ii)and assuFance that the wateF seUFee will net interfeFe with existing wateF Fight5; (3d) A surface water source will be determined to be adequate for issuance of a building permit upon receipt of a copy of the certificate of surface water right and evidence of an appropriate disinfection method is attached to the application. .with the felle wi rw... (i) Any peffnit exempt gFOUndwater withdrawal asseciated with a water well eenstFueted befere january 19,2018 is deemed te have Pifedpnrp ef adequate water supply under this seetion! (i An applicant whose building leeatien is in Water Resource Inventory Area (WRIA) 14, 15, and 22 pay a fee of five hundred dellars te Masen County and Fece—rds relevant viater restrictions Ar lumotatupp,; with the p ert y title: (iii) Except as provided in (iv)of this subsection,an applicant whese building lecatien as within WRIA 14 and 15 may obtain approval for a withdrawal exempt frorn permitting under RCW 90.44.050 foF dernestic use only,with a maximum annual aveFage withdrawal of nine hundFed fifty gallons per day per cennect'. ..withdrawal of three thei w.-and..hens r. r day peF eetlen: w M thdrawal ef greundwater exempt fFOFn permitting under RCW 90.4 4.050 and approved under this subsectien (C), (iii)to ne Fnore than three hundred fifty gallons per day per connection for indoor use ndeer--re Anly,an applicant may use ffeundwateF exempt fFeFn permitting te maintain a fire eentre, hu iff.,r d Sri.,..a rd Fe fight emeFgeney..FdeF w 4 thdrawal is not hydraulically connected to closed or regulated surface waters,or that they can provide adequate mitigation to offset new consumptive use impacts.This requires site specific analysis- that as typically conducted by a licensed hydra geologist and is consistent with MaSOR County Stermwater Regulations(MCC 14.48). (Res. 68-96(part), 1996:§4 of Res.dated 1/4/96). (Ord. No.04-18,Att.A,2-1-2018;Ord. No. 12-18,Att.A,2-20-2018; Ord. No. 19-18,Att.A,3-20-2018) 6.68.050 Determination of adequacy for division of land. (a) Group A Public Water System.The same requirements apply as described in subsection 6.68.040(a). (ab) Group B eFTwo Party Public Water Systems. (1) New Water System. (A) The water system is completely installed and meets all state and local regulations;or (B) Moneys, under the name of Mason County hPalth repfieerPublic Health and Human Services, totaling one hundred thirty-five 135 percent of a bid obtained from an appropriate contractor (Supp. No.63,5-23) Page 6 of 8 Attachment A for the entire cost of drilling the well,obtaining approvals,and installing the system, is placed either into an escrow account or a bond to secure completion of the work after the well site location is passed. (2) Existing Water System.The same requirements apply as described in subsection 6.68.040(ab). (c) Individual and Two-Party Water Sources. (1) Individual and Two-Party water sources will be adequate for land division when the lots meet the sizing criteria in WAC 246-272A-205010320.The following disclaimer shall be placed on the face of the plat when potable water is not available for each parcel at the time of subdivision approval: "The lots, parcels or tracts contained within this land segregation have been created after establishing a potable water supply meeting all state and local regulations." (2) In areas where a water quantity or quality problem may exist,the following may be required: (A) Well logs of adjacent properties; (B) One or more wells drilled; (C) Water study by a qualified hydrogeologist. (Res. 68-96(part), 1996:§5 of Res.dated 1/4/96). (Ord. No.04-18,Att.A,2-1-2018;Ord. No. 12-18,Att.A,2-20-2018; Ord. No. 19-18,Att.A,3-20-2018). 6.68.060 Waiver of regulations. (a) The Health Officer may grant a waiver from specific requirements within this chapter if: (1) The waiver request is evaluated by the Health Officer or delegated county staff on an individual,site by site basis. (2) The waiver is submitted with all necessary forms provided by the department and applicable review fee(s)according to the Environmental Health Fee Schedule. (3) The waiver includes mitigation measure(s)to assure public health and water quality protection,at least to that established by these rules, is provided. (4) The waiver is consistent with all applicable state codes and does not result in conflicts with state chapters or requirements. Decisions of the Ddir,,ctor of Public Health and HurnaR Serv,c- -sco .,...un;ty sservices may be appealed to the Mason County Beard of Health.Appeals must be made On writing within tweRty working days of the decision which is being disputed.A hearing date shall be scheduled Feg6i laF meeting.All appeals shall -he se—pt*e the beard in wFiting via (Res. 68-96(part), 1996:§6 of Res.dated 1/4/96). (Ord. No.04-18,Att.A,2-1-2018;Ord. No. 12-18,Att.A,2-20-2018; Ord. No. 19-18,Att.A,3-20-2018) (Supp. No.63,5-23) Page 7 of 8 Attachment A 6.68.070 Appeals. (a) Decisions of the Director maybe appealed to the Health Officer. Appeals must be made in writing to the Director within ten working days of the decision which is being disputed. A hearing date shall be scheduled with the health officer to be held within thirty days of said decision being appealed. (b) Determinations of the health officer may be appealed to the hearings examiner. Appeals must be made in writing to the director within ten working days of the decision which is being disputed. A hearing date shall be scheduled with the hearings examiner to be held within thirty days of said decision being appealed. (c) Departmental orders and determinations shall be stayed for the period the appeal is pending, provided no public health hazard results from said stay.nu�edsi�-f the Ddirecter of community servicesPublic Health and Human Services may be appealed to the Mas on Geunty fibeard ef:L[health.Appeals must be made OR WFitiRg WithiR twenty we rking days efthe decisi en mihich is beiRg disputed.A heaFing date shall be seeheedd-wiled vvith the beard fer th iF Rext Feg6ilaF meetiRg.All appeals shall be sentte the (Res. 68-96(part), 1996: §7 of Res. dated 1/4/96). (Ord. No.04-18,Att.A, 2-1-2018;Ord. No. 12-18,Att.A, 2-20-2018;Ord. No. 19-18,Att.A, 3-20-2018) Page 8 of 8 NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold a public hearing in Mason County Building I,Commission Chambers,411 North Fifth Street,Shelton, WA 98584 on Tuesday,March 12,2024 at 9:15 a.m. SAID HEARING will be to take public comment on proposed amendments to sections of Mason County Code Title 6 Chapter 6.68 Water Adequacy to re-organize portions of the code and adjust minimum water supply requirements for issuance of permits. Public testimony will be available in-person or via Zoom. The URL is available on the County website hLtps://www.masoncoimb a._ov/ to sign into the meeting. Please use the "raise hand" feature to be recognized by the Chair to provide your testimony. You can also email testimony to msmith@,masoncountywa.gov or mail to the Commissioners' Office, 411 N 5d' St, Shelton, WA 98584; or call(360)427-9670 ext. 230. If special accommodations are needed, please contact the Commissioners' office, (360)427- 9670 ext. 419. DATED this 13r" day of February, 2024. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON McKenzie Smith,Clerk of the Board Bill: Mason County Public Health and Human Services 415 N. 6d'St., Shelton, WA 98584 Cc: Commissioners Department of Community Development Department of Public Works Shelton Journal: Publ. 2t: Week of February 22nd,2024&February 29d',2024 C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Kell Rowen Ext.286 Department: Community Development Briefing: 0 Action Agenda: 0 Public Hearing: 0 Special Meeting: ❑ Briefing Date(s): February 5,2024 Agenda Date: February 13,2024 Internal Review: ❑ Finance ❑ Human Resources ❑X Legal ❑ Information Technology ❑ Risk (This is the responsibility of the requesting Department) Below for Clerk of the Board's Use Only: Item Number: 8.5 Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken Ordinance/Resolution No. Contract No. County Code: Item• Mason County Code Section 17.03.020 Water Supply Requirements—Proposed Amendment Background/Executive Summary: This amendment moves the water supply requirements,commonly referred to as the Hirst Response,from MCC 6.68 into Title 17 to more properly align with the state law from which it originates. Budget Impact(amount, funding source,budget amendment): N/A Public Outreach (news release,community meeting, etc.): Following Title 15 Notice Requirements. Requested Action: Approval to set a Public Hearing for Tuesday,March 12,2024 at 9:15 a.m. to review and approve amendments to MCC Title 17—Development Regulations,regarding Water Supply Requirements. Attachments Draft Code Amendments Draft Ordinance Draft Notice of Hearing ORDINANCE NUMBER AMENDMENT TO MASON COUNTY CODE TITLE 17 SECTION 17.03.020 WATER SUPPLY REQUIREMENTS AN ORDINANCE adopting water supply requirements in accordance with the Hirst Response by amending Mason County Code (MCC) Title 17, Chapter 17.03, adding Section 17.03.020. WHEREAS, RCW 19.27.097 — Building permit application — authorizes Mason County to require evidence of an adequate water supply consistent with RCW 90.94.020 and 030 for water resource inventory areas 14, 15, and 22, all within Mason County; and WHEREAS, MCC Title 6 — Sanitary Code previously contained the authorized requirements; and WHEREAS, Title 17 — Development Regulations (Zoning) is the appropriate location for regulations related to land use, specifically residential development; and WHEREAS, the Commissioners considered the proposed amendment at a duly advertised public hearing on March 12th, 2024; and WHEREAS, the Board of County Commissioners took public testimony from interested parties, considered all the written and oral arguments, testimony and comments presented; and WHEREAS, the Board of County Commissioners also considered the Staff Report; and WHEREAS, the Board of County Commissioners finds that the proposed amendment to Title 17, Section 17.03.020 complies with all applicable requirements of the Mason County Code, and that it is in the best public interest; and BE IT HEREBY ORDAINED, the Mason County Board of Commissioners hereby approves and ADOPTS amendments to the Mason County Code Title 17, Section 17.03.020, as described in Attachment A. Page 1 of 2 DATED this day of 12024. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY, WASHINGTON McKenzie Smith, Clerk of the Board Randy Neatherlin, Chair APPROVED AS TO FORM: Kevin Shutty, Vice-Chair Tim Whitehead, Chief Deputy Prosecuting Attorney Sharon Trask, Commissioner Page 2 of 2 17.03.020 Rpcervec]Water Supply Requirements. New residential development connecting to a well that was constructed on or after January 19, 2018,will comply with the following: 1) An applicant whose building location is in Water Resource Inventory Area (WRIA) 14, 15, and 22 shall pay a fee of five hundred dollars to Mason County and record relevant water restrictions or limitations with the property title. 2) An applicant whose building location is within WRIA 14 and 15 may obtain approval for a withdrawal exempt from permitting under RCW 90.44.050 for domestic use only,with a maximum annual average withdrawal of nine hundred fifty gallons per day per connection. 3) An applicant whose building location is within WRIA 22 may obtain approval for a withdrawal exempt from permitting under RCW 90.44.050 for domestic use only,with a maximum annual average withdrawal of three thousand gallons per day per connection. 4) An applicant shall manage stormwater runoff on-site to the extent practicable by maximizing infiltration, including using low-impact development techniques,or pursuant to stormwater management requirements adopted by the local permitting authority, if locally adopted requirements are more stringent. 5) If a drought emergency order under RCW 43.836.405, domestic water use may be curtailed to no more than three hundred and fifty gallons per day per connection,for indoor use only. a. Notwithstanding the drought restriction to indoor use,a fire control buffer may be maintained. 6) Protects proposing to rely on well water could demonstrate that their proposed withdrawal is not hydraulically connected to closed or regulated surface waters,or that they can provide adequate mitigation to offset new consumptive use impacts.This requires site specific analysis that is typically conducted by a licensed hydrogeologist and is consistent with Mason County Stormwater Regulations (MCC 14.48). Editor's note(s)—Res. No. 2022-093,Att.A,adopted Dec. 20, 2022, repealed § 17.03.020,which pertained to matrix of permitted uses and derived from Ord. 108-05,adopted 2005. Created: 2024-01-24 11:25:25 [EST] (Supp. No.66,2-24,Update 1) Page 1 of 1 NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold a public hearing in Mason County Building I,Commission Chambers,411 North Fifth Street,Shelton, WA 98584 on Tuesday,March 12,2024 at 9:15 a.m. SAID HEARING will be to take public comment on amendments to Mason County Code Title 17—Development Regulations regarding Water Supply Requirements formerly found in Title 6— Sanitary Code. Public testimony will be available in-person or via Zoom. The URL is available on the County website hLtps://www.masoncoimb a._ov/ to sign into the meeting. Please use the "raise hand" feature to be recognized by the Chair to provide your testimony. You can also email testimony to msmith@,masoncountywa.gov or mail to the Commissioners' Office, 411 N 5th St, Shelton, WA 98584; or call(360)427-9670 ext. 230. If special accommodations are needed, please contact the Commissioners' office, (360)427- 9670 ext. 419. DATED this 13th day of February, 2024. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON McKenzie Smith,Clerk of the Board Bill: Mason County Department of Community Development 615 W. Alder St., Shelton,WA 98584 Cc: Commissioners Shelton Journal: Publ. 2t: Week of February 22nd,2024&February 29th 2024 C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Marissa Watson Ext. 367 Department Community Development: Briefing: ❑X Action Agenda: ❑X Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): February 5,2024 Agenda Date: February 13,2024 Internal Review: ❑ Finance ❑ Human Resources ❑ Legal ❑ Information Technology ❑ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board's Use Only: Item Number: 8.6 Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken Ordinance/Resolution No. Contract No. County Code: Item• Capital Improvement Program 2024-2029 (Appendix A of the Capital Facilities Element) Background/Executive Summary: RCW 36.70A.070(3)(d)calls for counties to draft"[...]at least a six-year plan that will finance such capital facilities within projected funding capacities and clearly identifies sources of public money for such purpose". The Capital Improvement Program was previously combined with the Capital Facilities Element.Due to the requirement to update the CIP annually,concurrent with the County capital budget,the Department extracted the CIP information to include in this appendix for ease of editing and evaluation going forward. This document should be referenced for the most current CIP information. The Capital Facilities Element addresses all other requirements of RCW 36.70A.070 regarding what a"capital facilities plan"shall consist of and will be brought forward to the PAC and BOCC during the Comprehensive Plan Periodic Update review. This topic was reviewed by the PAC at their December 18,2023&January 22,2024 meetings,it was unanimously recommended to the BOCC for approval on Jan 22. Budget Impact(amount, funding source,budget amendment): N/A Public Outreach (news release,community meeting, etc.): Public notice for the public hearings with the PAC were provided via the Shelton Mason Journal.Public notice for the hearing with the BOCC will also be through the Shelton Mason Journal and posted on the main page of the County website within the agendas. Requested Action: Approval to set a Public Hearing for Tuesday,March 12,2024 at 9:15 a.m. to consider the 2024-2029 Capital Improvement Program(CIP)Appendix A. Attachments Appendix A: Capital Improvement Program 2021-2029 APPENDIX A: CAPITAL IMPROVEMENT PROGRAM 2024-2029 INTRODUCTION This document is an appendix to the Mason County Comprehensive Plan's Capital Facilities Element;together the Capital Facilities Element and this Capital Improvement Program form the County's Capital Facilities Plan.This program depicts how the County will address the requirement of RCW 36.70A.070(3)(d) which calls for "f...]at least a six-year plan that will finance such capital facilities within projected funding capacities and clearly identifies sources of public money for such purpose". The Capital Improvement Program was previously combined with the Capital Facilities Element. Due to the requirement to update the CIP annually, concurrent with the County capital budget, the Department extracted the CIP information to include in this appendix for ease of editing and evaluation going forward.This document should be referenced for the most current CIP information. The Capital Facilities Element addresses all other requirements of RCW 36.70A.070 regarding what a "capital facilities plan" shall consist of.Within the Capital Facilities Element there is a more detailed narrative regarding the County's capital facility inventory though this CIP briefly describes that inventory prior to each project expenditure table summary. Criteria for Inclusion in the Capital Improvement Program Projects included in the Mason County Capital Improvement Program are intended to create new facilities or to modify existing facilities to provide for larger capacities accommodating growth projections.The County has currently not set specific criteria for inclusion in this project financing appendix. This is a topic that should be discussed during the Capital Facilities Element periodic update in 2024-2025 and prior to the next annual update of this document. Critical Issues for the Current Update The current planning period continues to see a need for planning and development in regard to wastewater collection and treatment facilities in the Belfair and Allyn Urban Growth Areas.The work performed through the Belfair Planned Action EIS, completed in 2022, allocated additional population growth to this area which will expedite the need for wastewater treatment plant expansion, the planning is estimated as needed no later than 2031. Public Works has anticipated this need and has plans to start design and development documents sooner. Another critical issue for Belfair in this planning period is to pay off the debt from earlier phases of the sewer system expansion.The North Bay Case Inlet Water Reclamation Facility needs an updated facility plan to evaluate options for providing additional capacity in the Allyn UGA and surroundings. It is estimated that the system is at, or nearing design capacity. In recent years the Allyn UGA has experienced residential growth at the center and within the outskirts of Lakeland Village. There is also a need to replace aging and unsafe structures utilized by employees at the solid waste transfer station, as well as upgrades to several PROST (Parks, Recreation, Open Space, and Trails) facilities. Chapter 6:Capital Facilities—Appendix A(DRAF FINAL) Rev. 30 January 2024 Page 1 Summary of Cost and Revenue Estimates for the though the uncertainty of grant and loan funding has the Current Capital Improvement Program potential to require future budget amendments. The total projected 6-year revenue from funding sources utilized for capital projects, REET I, REET II, and .09 Sales Tax, is Figure 1: CIP Revenue Composition estimated at $R5,'o� 0200029,155,212-for this planning period. The figure "Funding Revenue 2024—2029" Is meaRt tO Funding Revenue 2024 - 2029 indicates the composition of what can reasonably be expected as revenue from established funds minus vi"-a* IS dedicated aain.d yihit i , be .Dedicated to fees, IDGRd/debt r Rt ' .09 S nd- tr",sforS t^ ^ther fun This total does not indicate 27% 1 additional funding that may be acquired through grants, loans, ■ REET 1 utility rates, etc. The proceeding pages contain project sheets REET 2 with more detailed information on funding sources for each - .09 Sales Tax capital facility or service.The second chart indicates what REET 2 percentage of the total estimated expenditures for the 38% planning period is dedicated to specific categories of facilities or services.The total estimated expenditure for the planning period is $64,869;-00062,314,000. Figure 2: CIP Expenditure Composition The ability to understand the degree of difference between future dedicated revenues and planned future costs CIP Expenditures 2024 - 2029 allows the County a chance to strategize how deficiencies can ■Water&Wastewater be addressed, lessening the number of surprises during the Solid waste annual budget cycles. - - County Mason County functions according to an annual budget cycle, 43 ° Administration thus cost estimates and funding for the first year in the Stormwater indicated planning period have been reviewed and approved 10% 'Transportation by the commissioners concurrently or prior to this 6-year 1% 10% Capital Improvement Program (financing plan). The five years - Parks and Recreation beyond the approved budget cycle are reasonably accurate, Chapter 6:Capital Facilities—Appendix A(DRAFTFINAL) Rev. 30 January 2024 Page 2 Revenue Projections and Available Funding In the recent past revenue projections in this analysis typically assumed REET would continue to increase at 3.5%with an interest income of.35%, but interest rates have jumped dramatically making interest revenue unusually high. REET 1 &2 continue a revenue projection increase at 3.5% but interest income increases from 5.3-5.1%for REET 1 and to 13%for REET 2.The .09 Sales Tax Credit has increased in the near past, annually at 3.5%, with an interest income of.25%. The actual interest income in 2022 was 2.23% and for this planning period is projected to increase between 7.3%-6.9%. The REET I funding indicated in Table 1 below is the projected funding available for capital projects minus that portion of REET I that is used for Interfund Payment for Services, State Audit Fees, Capital Projects Salaries & Benefits, Professional Services, Bond debt repayment on the building at 3rd and Pine, and regular transfer out to LTGO 2013.The last bond debt payment on 3rd and Pine is set for the end of 2027 and the LTGO 2013 jail bond last payment will be due at the end of 2033. The REET 2 funding indicated in Table 1 below is the projected funding available for capital projects minus that portion of REET 2 that is used for Interfund Charge for Services/Budget and Finance, State Audit Fees, transfer to the Rustlewood sewer and water fund, transfer to the Belfair Wastewater fund, and maintenance costs to equipment.The Belfair Sewer debt payoff is planned for late 2027, this will free up a substantial amount of REET 2 for future projects planned in this CIP. The .09 Sales Tax Credit funding in Table 1 below is the projected funding available for capital projects minus that portion of.09 that is used for Interfund Payment for Services, Economic Development Council, Belfair Wastewater Reclamation System Loan Repayment, and Annual payments to the City of Shelton for Regional Sewer.The last payment to the City of Shelton occurs in 2026, the end of the original 20-year agreement. Though the conclusion of these payments provides for greater capital project funding, it will be short- lived as the .09 Sales Tax Credit for rural counties is set to end in the year 2032. Financial Planning Highlight for 2024-2029 Capital Improvement Program It will be especially important in 2025, 2026, and 2027 for grants and loans to be secured for water and wastewater facility projects as REET 2 will be greatly utilized for the payoff of the Belfair Sewer System Debt in those same years.The REET 2 plan will need additional funding of$2,347,650, $935,887,and-$2,230,373, and $4,106,000 for 2025, 2026, and 2027, and 2029 respectively tole support the planning for Parks, Recreation, Open Space, and Trails and Water and Wastewater Facilities. The six year planning period for 2024-2029 estimates $62,314,000 in capital project costs with $30,100,000 of funding planned from from the American Rescue Plan Act (ARPA), Road Fund, Belfair Waste Water Reserve, secured grants, utility rates, and unsecured grants/loans (Table 2.1). An additional $23,613,000 of funding from the REET 1, REET 2, and .09 Sales Tax would be applied to the Chapter 6:Capital Facilities—Appendix A(DRAFTFINAL) Rev. 30 January 2024 Page 3 capital project costs (Table 1).This 6 year planning period, as currently laid out, results in a deficit of$8,601,000. This deficit will grow to $19,528,000 if the grants and loans to be secured for this plan remain unsecured. Table 1. 2-024 - 2029 Projected Dedicated Funding Available l:.,thousands) 2024 2025 2026 2027 2029 2029 Total DCET I 4-,� 21484 47042 514-5-7 5;7K 7,255 27,199 R€€T 2 61598 5�6 31596 T,Sb 11,258 4,8 32,,566 .09 e� ales Tax 2149-7 3 2-44 3;- N 47584 51-375 6,244 25,937 Teal Revenue 9A�C7 ii'9-rvO8 1-1,387 11,303 22,425 18,332 85,702 Table 1.2024-2029 Projected Total Funding for the Planning Period (in thousands) 2024 6-Year Fund Fees/Services/Salaries Total Projected Beginning &Benefits/Debts Funding Revenue Balance REET I 1,972 10,336 (3,528) 8,780 REET 2 5,000 11,103 (7,481) 8,622 .09 Sales 2,300 7,716 (3,805) 6,211 Tax do Total 9,272 29,155 (14,814) 23,613 Table 2. 2024-2029 Planned Capital Project Costs (in thousands) 2024 2025 2026 2027 2028 2029 Total Water&Wastewater ****3,^903, 884 ***',2,325 ±±t4,178 ***7,475 856 ***2,406 20,79***20.624 Chapter 6:Capital Facilities-Appendix A(BRAFTFINAL) Rev. 30 January 2024 Page 4 Solid Waste 465 375 650 100 *1,590 County&Admin. Bldgs. 2,526 1,440 535 455 540 525 6,021 Stormwater Mgmt&Habitat *6,400 *6,400 I mprv. Transportation Facilities **210 --*150 **200 **200 **100 **100 **960 Parks, Rec.,Open Space,& 1,000 *5,324 1,242 2,593 *8,447 **8,113 *26,719 Trails Total Project Costs 13,64013,985 93149, 114 6,805 10,823 9,943 11,144 61-86962,314 *Projects also utilize grant/loan funding **Projects utilize the Road Fund ***Belfair Sewer System Debt and Repairs(only project in service category requesting REET and.09 Sales Tax funds) Table 2.1 Other Funding (in thousands) 2024 2025 2026 2027 2028 2029 Total Grants/Loans(to be secured) 0 AM 226 2-,MO2, 556 3,800 -38665 2,380 94, M1 9927 Utility Rates 1,556 650 722 125 191 26 3,270 Other(ARPA, Road Fund, grants/loans(secured not part of table 1), Belfair WW 98,903 5 4091, 00 4 0461, 50 3,850 100 5100 915,903 Reserve) Total 40,11410,459 2-5833-76 5,028 7,775 324956 3,1412,506 29-,M3 1100 Facility/System Inventory and Project Summary The following tables are summaries of projects under each system/facility category. Details of financing and project descriptions are found in the project worksheets in another section of this Appendix. These tables each have a short description of the facility inventory and future needs with more detailed and comprehensive discussion located in Chapter 6: Capital Facilities Element. Inventory and Future Needs Public Water Systems Public water systems owned and operated by the County include Beard's Cove in Belfair, outside of the urban growth area, and Rustlewood Water System serving a small community along Pickering Passage within Grapeview, Wa. The Beard's Cove water system main line is in need of replacement; design and replacement will be funded by grants administered respectively by the Wa Department of Commerce and Department of Health.,Tthis replacement endeavor will be supported by a new water system plan and Chapter 6:Capital Facilities-Appendix A(BRAF FINAL) Rev. 30 January 2024 Page 5 installation of isolation and blow-off valves. These two projects will help the County fulfill requirements needed for funding the main line replacement in the future. The Rustlewood water system is also in need of an updated plan as well as several system replacements and improvements over the next six years. Table 23. Public Water Systems Capital Projects Total (in 2024 2025 2026 2027 2028 2029 thousands) Beard's Cove Water System Upgrades 1806 300 75 596 200 635 Rustlewood Water System Upgrades 127572 38383 38138 25 26 Total Capital Project Expenditures '9212, 778 339683 44-3213 596 225 635 26 Inventory and Future Needs Wastewater Systems/Facilities County-owned and operated sanitary sewer and treatment facilities are currently comprised of the North Bay Case Inlet Water Reclamation Facility, Rustlewood Wastewater Treatment Plant, and the Belfair Water Reclamation Facility.The North Bay Case Inlet Water Reclamation Facility is located in Allyn, Wa outside of the urban growth area.The current needs for this facility include an updated comprehensive water reclamation facility plan addressing capacity issues, system conditions, and cost estimates for maintenance and capital improvements.Another current need of this facility is an updated computer control system.The Rustlewood Wastewater Treatment Facility is located in Grapeview, Wa along Pickering Passage. This system will eventually need a comprehensive system study to address the system conditions and estimates for maintenance and capital improvements. The Belfair Water Reclamation Facility is located in Belfair, Wa within the urban growth area.The facility is currently being expanded with new gravity and force main in the northern extents of the UGA due to a large housing project;this expansion may also provide additional service to the Puget Sound Industrial Center area along with many larger parcels in that area that could be used for housing and commercial development. A long-standing issue with this system has been the lack of utilization and thus the lack of utility rates to help support continued maintenance and growth of the facility. Some of the current needs for this budget cycle include new aeration system, SCADA CPU replacement, pump rebuild, Belfair Sewer Extension, and architecture and engineering services. Table 44.Wastewater Systems/Facilities Capital Projects Total (in thousands) 2024 2025 2026 2027 2028 2029 Rustlewood Waste Water System 576 156 250 110 30 30 Upgrades Chapter 6:Capital Facilities—Appendix A(DRAF FINAL) Rev. 30 January 2024 Page 6 North Bay Treatment Plant Upgrades 2,605 655 200 1,250 500 Belfair Collection System Expansion 2,400 200 350 1,850 Belfair Treatment Plant Expansion 5,265 440 412 622 3600 191 Belfair Sewer Debt&Maintenance 7,400 1,250 1,250 1,250 3,650 Total Capital Project Expenditures 18,246 2,701 2,112 3,582 7,250 221 2,380 Inventory and Future Needs Solid Waste Management Mason County's solid waste system consists of the larger Eells Hill Transfer Station in Shelton, Wa and three smaller"drop box" locations in Belfair, Union, and Hoodsport, Wa.The Comprehensive Solid Waste Management Plan is currently being updated for 2023.The last version from 2018 did identify some minor facility updates and maintenance issues, as well as a need to review increased operational and capacity demands that will occur due to the growth in the County overall as well as the concentrated growth projected for the Belfair UGA. The current needs for this budget cycle include replacement of the booths, tipping floor at all stations within the Eells Hill Transfer Station and equipment. Table 55. Solid Waste Management Capital Projects Total (in 2024 2025 2026 2027 2028 2029 thousands) Belfair Transfer Station Site Imp. 150 150 Comprehensive Solid Waste Mgmt. Plan 100 75 25 Eells Hill Post-Closure Activities 30 30 Eells Hill Transfer Station Imp. 100 100 Replace Drop Box Covers 450 450 Replace Eells Hill Equipment 400 100 200 100 Transfer Station Booth Upgrades 360 360 Total Capital Project Expenditures 1590 465 375 650 100 Inventory and Future Needs County and Administrative Buildings The last studies evaluating the space needs of County and Administrative Buildings were drafted in 2008 and 2012, a new comprehensive overview is needed. Many buildings have morphed inside to accommodate the growth and movement of different departments.With more advanced technology readily available to the County, several departments have implemented projects to scan all records required for retention and then purge physical copies to state archives.These endeavors have allowed departments to Chapter 6:Capital Facilities—Appendix A(DRAF FINAL) Rev. 30 January 2024 Page 7 rid their office spaces of bulky filing cabinets making way for additional space. Continued population growth in the County will spur on the need for additional staffing and thus greater space needs.With the movement of the North Precinct of the Mason County Sheriff's Office into the old North Mason Regional Fire District building, there 4a-s-have also been discussions e regarding other departments and a greater presence of ether departments in satellite offices in this area. Table 66.County and Administrative Buildings Capital Projects Total (in 2024 2025 2026 2027 2028 2029 thousands) Building#1 150 50 15 15 20 25 25 Building#2 80 5 30 5 30 5 5 Building#3 229 144 10 10 15 25 25 Building#4 135 10 55 25 10 25 10 Building#5 75 10 10 10 20 20 5 Building#6 88 28 10 15 15 10 10 Building#7 85 15 10 10 15 15 20 Building#8 190 15 55 20 40 30 30 Building#9 85 10 10 15 10 25 15 Building#10 2130 2000 50 20 20 20 20 Building#11 190 30 50 50 20 20 20 Building#12 65 15 10 10 10 10 10 Mason County Jail Improvement 275 10 65 40 40 60 60 Courthouse Improvements 1510 10 1000 200 100 100 100 Juvenile Detention Improvements 152 17 25 25 25 30 30 Sheriff's Office Improvements 350 80 20 50 50 75 75 Memorial Hall 52 27 5 5 5 5 5 North Mason County Facilities 180 50 10 10 10 40 60 Total Capital Project Expenditures 6,021 2,526 1,440 535 455 540 525 Chapter 6:Capital Facilities-Appendix A(BRAFTFINAL) Rev. 30 January 2024 Page 8 Inventory and Future Needs Stormwater Management & Habitat Improvement Mason County and the Skokomish Tribe (Local Sponsors) are partnering with the Army Corps of Engineers to construct five ecosystem restoration projects within the Skokomish River watershed. The five projects are: Confluence Levee Removal, Wetland Restoration at River Mile 9, Wetland Restoration at Grange, Side Channel Reconnection, and Upstream Large Woody Debris Installation. Costs presented are the local share (35%). Table 77. Stormwater Management& Habitat Improvement Capital Projects Total 2024 2025 2026 2027 2028 2029 Project Cost Skokomish River Ecosystem Restoration 6,400 6,400 Total Capital Project Expenditures 6,400 6,400 Inventory and Future Needs Transportation Facilities The Transportation Element and TIP Cap can be referenced for the majority of the transportation needs for the County, this CIP includes the needs and financing for the facilities that house the materials and equipment that help servici4gto service,egcreate, and upgra� q upgrade the roads within the County.This six-year program also includes maintenance to the administrative offices of Public Works. Table 88.Transportation Facilities Capital Projects Total (in thousands) 2024 2025 2026 2027 2028 2029 North County Shop Site Planning 40 40 Public Works Campus Improvements 710 210 100 100 100 100 100 Satellite Maintenance Yard 210 10 100 100 Development Total Capital Project Expenditures 960 210 150 200 200 100 100 Inventory and Future Needs Parks, Recreation, Open Space, and Trails Table 3 of the Capital Facilities Element (Chapter 6 of the Mason County Comprehensive Plan) is a comprehensive inventory of the parks in Mason County including federal, state, private, and County-owned.The latest Parks, Recreation, Open Space, and Trails plan Chapter 6:Capital Facilities—Appendix A(DRAF FINAL) Rev. 30 January 2024 Page 9 of 2022 lists planned improvements for facilities, as well as proposed new parks and trail facilities.There is a need for not only improving many of the County's existing facilities but also acquiring more acreage and facilities to grow with the population projections.The program for the next six years includes the projects listed below and in more detail in the project worksheets. Table 99. Parks, Recreation, Open Space, and Trails Capital Projects Total 2024 2025 2026 2027 2028 2029 (in thousands) Belfair Skate Park 666 666 Coulter Creek Park Development 11848 1,848 Foothills County Park 849 849 Harvey Rendsland County Part Planning 180 180 and Improvement Jacoby Park(Shorecrest) Improvements 558 558 Latimer's Landing Boat Ramp 1,000 1,000 Mason County Recreation(MCRA) Improvements 8,437 —*8,437 Mason Lake Boat Launch Renovations 206 206 Menards Landing County Park 374 *374 North Bay Trail Project 1,035 1,035 Phillips Lake County Park 10 10 Sandhill Park Renovation 5,324 **5,324 Sunset Bluff Park Development 198 198 SW Area Park Study—Truman Glick 364 364 Improvements Trails Development and Shelton to Belfair 2,400 2,400 Trail Program Union Park Improvements 2,023 2,023 Union Street Ends Park at Orre Nobles 5 5 Walker Park Improvements 1,242 1,242 Total Capital Project Expenditures 26,719 1,000 5,324 1,242 2,593 8,447 8,113 *Grants **Combination REET 2 and Grants Chapter 6:Capital Facilities—Appendix A(DRAFTFINAL) Rev. 30 January 2024 Page 10 }+ Ln Project Name: Beard's Cove Water System Upgrades V) - Fund:412- Beard's Cove Water System i Project Description: Isolation valve replacements ahead of AC pipe replacement, AC pipe design and replacement, car repainting of water reservoir, and update of the Beard's Cove Water System plan to inform future facility needs and timeline for implementation. }, a, UProject Justification: Replacement of aging water system parts needed to ensure water availability and quality of .O > water is not downgraded. r) N COST ASSUMPTIONS (in thousands) E6-Year Planning Period Totals i Engineering 200 O Other Professional Services (i.e. design,planning, etc.) 75 Machinery/Equipment I) }, Construction 1531 Total: 1806 N FUNDING REQUEST (IN THOUSANDS) 6-Year Planning Period Funding 2024 2025 2026 2027 2028 2029 Total Q Rates 75 75 Other(ARPA) 100 100 Grants(unsecured) 596 200 635 �091,431 Grants (secured) 200 ' 200 +-' Loans •Q Total Funding 300 75 596 200 635 1806 u Chapter 6:Capital Facilities-Appendix A(DRAF FINAL) Rev. 30 January 2024 Page 11 a--+ v) Project Name: Rustlewood Water System Upgrades L � Fund:411 — Rustlewood Sewerand Water 0 }' Project Description: Review and update water system plan, reservoir inspection, and isolation valve replacement. cB +� Project Justification: Improve water quality and system reliability. Replace/repair system components that have U Ln reached end of useful life. 'p COST ASSUMPTIONS (in thousands) 6-Year Planning Period Totals i Engineering Other Professional Services (i.e. design,planning, etc.) 30 Machinery/Equipment 97397 Construction 14S Q� Total: M572 FUNDING REQUEST (IN THOUSANDS) T` 6-Year Planning Period Funding 2024 2025 2026 2027 2028 2029 Q Rates 38 38 25 26 127 Other(ARPA) Grants secured 345 100 445 Loans }' Total Funding 33383 33138 25 26 ,T2�572 Q U Chapter 6:Capital Facilities—Appendix A(DRAF FINAL) Rev. 30 January 2024 Page 12 �--+ N Project Name: Rustlewood Waste Water System Upgrades N ' s •J Fund:411 - Rustlewood Sewer and +o (� }, Project Description: Facilities plan, upgrade process control components, re-build l {* +a+^^ ' ', ^�' �, and water r quality nutrient reduction plan, receiving water study, and outfall repair/replacement (beyond 6-year). VN Project Justification:The facilities plan needs to be updated to reflect implementation of new permit requirements and nutrient reduction plan. A receiving water study is to be completed to determine outfall repair/replacement 0 requirements. j COST ASSUMPTIONS (in thousands) 6-Year Planning Period Totals Engineering 406 Other Professional Services(i.e. design,planning, etc.) }' Machinery/Equipment 170 N Construction Total: 576 N FUNDING REQUEST (IN THOUSANDS) 6-Year Planning Period Funding 2024 2025 2026 2027 2028 2029 Total Rates Grant(securedt) 156 156 Grants(unsecured) 250 110 30 30 420 Loans (6 j Total Funding 156 250 110 30 30 576 V 1 Chapter 6:Capital Facilities-Appendix A(DRAF FINAL) Rev. 30 January 2024 Page 13 a--+ v) Project Name: N• Bay Treatment Plant Upgrades N .t �C ? Fund:403 — North Bay Sewer System 0 +' Project Description: General sewer and facility plan, process monitoring equipment replacement, ca replace/upgrade/expand final effluent filters, planning and design of waste reclamation facility expansion, and utility a--+ relocate for SR 302/WSDOT fish barrier project. V Vn Project Justification: North Bay service area is growing and the facility plan needs updating per WAC; replace/repair O system components that have reached end of useful life; relocate force main per WSDOT franchise requirements; i r) expansion needed in future to serve future growth. -J E COST ASSUMPTIONS (in thousands) i 6-Year Planning Period Totals Engineering 800 0 L Other Professional Services(i.e. design,planning, etc.) r }, Machinery/Equipment 1,605 Construction 200 Total. 2,605 N OFUNDING REQUEST (IN THOUSANDS) i 6-Year Planning Period Funding 2024 2025 2026 2027 2028 2029 Total Rates 613 613 Other(Grants secured) 42 42 Grants ate-+ Grants/Loans/Rates (unsecured) 200 1250 500 1,950 Total Funding 655 200 1250 500 2,605 (6 U Chapter 6:Capital Facilities—Appendix A(DRAF FINAL) Rev. 30 January 2024 Page 14 • -ct Name: Belfair Collection System Expansion s = Ln Fund:413 — Belfair Sewer System O Project Description: Install 3rd submersible pump in PS#1, -Log Yard Road extension design, Romance Hill extension design, and PSIC collection system expansion. UN Project Justification: In 2012, the County completed the first phase of the Belfair sewer system. Collection system expansion is necessary to facilitate continued growth within the UGA and the financial viability of the sewer system. •0 > Future expansion areas include: Log Yard industrial area, Romance Hill area and southern Puget Sound Industrial Center(PSIC) basins. C= c6 COST ASSUMPTIONS (in thousands) 6-Year Planning Period Totals Engineering 350 O i Other Professional Services(i.e. design,planning, etc.) 200 r a--+ Machinery/Equipment Construction 1850 Total: 2400 E > FUNDING REQUEST (IN THOUSANDS) 6-Year Planning Period Funding 2024 2025 2026 2027 2028 2029 Total Q Rates 350 350 Other(ARPA) 200 200 Grants (unsecured) 1850 1850 Loans a--+ Total Funding 200 350 1850 2,400 V Chapter 6:Capital Facilities—Appendix A(DRAF FINAL) Rev. 30 January 2024 Page 15 +� N N +. Project - •. • to 4 � " Fund:413— Belfair Sewer System O a) }' Project Description:Treatment plant feed forward pumps rebuild, treatment plant process monitoring equipment c� replacement and aeration system repairs, membrane replacements, treatment plant flow permitting and reclaimed U � water disposal expansion, and various maintenance items for WRF. • Project Justification: In 2012, the County completed the first phase of the Belfair sewer system. Projects listed here are needed to repair/replace system components that have reached the end of useful life AND expand treatment and : disposal capacity to accommodate future growth. E N j COST ASSUMPTIONS (in thousands) 6-Year Planning Period Totals Engineering Other Professional Services(i.e. design,planning, etc.) 445 4--' Machinery/Equipment 4820 N Construction Total: 5,265 N FUNDING REQUEST(IN THOUSANDS) L Q 6-Year Planning Period Funding 2024 2025 2026 2027 2028 2029 Total Rates 440 412 172 191 1,215 Other(Combo Grants/Rates/Loans based on 2024 plan) Grants (unsecured) 450 450 }' Loans (unsecured) 3600 3600 Total Funding 440 412 622 3600 191 5,265 U Chapter 6:Capital Facilities—Appendix A(DRAF FINAL) Rev. 30 January 2024 Page 16 Project Name: Belfair Sewer System Debt and Repairs = Fund:413— Belfair Sewer System Project Description:There are an insufficient number of customers for the Belfair Sewer System to pay for the debt 0 that was used to pay for the construction of the wastewater system and larger repairs. Sales and Use Tax and REET 2 funds are used, therefore, to pay for the debt. Because the debt load was created as a result of a capital project, it is 4— being tracked in the Capital Facilities Plan so the County is aware of the Sales and Use Tax and REET 2 needed to pay N for it.The table projects out to 2029 and shows a payoff year as 2027, the County will make the required payment •O j earlier in 2027 and then provide the payoff amount in late 2027. i > Project Justification: In 2012, the Count completed the first phase of the Belfair sewers stem with a combination of � � j Y p p Y grants and loans. The system is not financially viable unless Sales and Use Taxes and REET2 are used for debt and capital projects.Table includes existing debt costs of system and large repairs and maintenance costs. N +� M i COST ASSUMPTIONS (in thousands) 6-Year Planning Period Totals Engineering }' Other(Debt) 7,400 Machinery/Equipment Construction N Total: 7,400 0 i Q FUNDING REQUEST (IN THOUSANDS) 6-Year Planning Period Funding 2024 2025 2026 2027 2028 2029 Total Rates .09 Sates& Use Tax 450 450 450 450 1,800 • REET 2 800 800 800 3200 5,600 Grants/Loans U Total Funding 1,250 1,250 1,250 3,650 7,400 Chapter 6:Capital Facilities—Appendix A(DRAF FINAL) Rev. 30 January 2024 Page 17 N Project Name: Eells Hill Transfer Stati• Improvements to -0 Fund:402-Solid Waste O o c0 Project Description: Complete site design plan, preliminary engineering and costs for upgrades recommended in the Comprehensive Solid Waste Management Plan a--+ V Project Justification: Safety at the facility as well as efficient handling of waste streams is a concern.As the County N •O grows in population the transfer station gets busier, requiring upgrades to maintain adequate capacity for the waste i stream coming in. 11 COST ASSUMPTIONS (in thousands) 6-Year Planning Period Totals 0 Engineering 100 i Other Professional Services(i.e. design,planning, etc.) +-J Machinery/Equipment N Construction Total: 100 N O FUNDING REQUEST (IN THOUSANDS) 6-Year Planning Period Funding 2024 202S 2026 2027 2028 2029 Total Q Rates .09 Sales& Use Tax REET 2 +-+ Grants/Loans 100 100 •Q Total Funding 100 100 V Chapter 6:Capital Facilities-Appendix A(DRAFTFINAL) Rev. 30 January 2024 Page 18 +' Project Name: Belfair Transfer Station • • N In -0_ Fund:402-Solid Waste O o 0 Project Description: Evaluate future needs and determine suitability of current location and complete alternate site selection process, as needed. Complete site design plan, preliminary engineering and costs for upgrades Vrecommended in the Comprehensive Solid Waste Management Plan. •O Project Justification: Flow control and growth have increased the demand for services in Belfair. L (6 i COST ASSUMPTIONS (in thousands) O 6-Year Planning Period Totals Engineering }, Other Professional Services (i.e. design,planning) 150 Machinery/Equipment N Construction Total: 150 O i FUNDING REQUEST (IN THOUSANDS) 6-Year Planning Period Funding 2024 2025 2026 2027 2028 2029 Total Rates .09 Sales& Use Tax +-+ REET 2 •Q Grants/Loans 150 150 Total Funding 150 150 U Chapter 6:Capital Facilities-Appendix A(DRAFTFINAL) Rev. 30 January 2024 Page 19 Project Name: Comprehensive Solid Waste Management Plan cn Fund:402-Solid Waste 0 o Project Description: Update the Comprehensive Solid Waste Management Plan. 4-J Project Justification: The revised code of Washington RCW 70.95 requires a plan review/update every five years.The U current plan was adopted in 2018. The Plan will incorporate new legislative requirements. .O i 11 COST ASSUMPTIONS (in thousands) 6-Year Planning Period Totals Engineering 0 Other Professional Services (i.e. design, planning) 100 L Machinery/Equipment +-+ Construction N Total. 100 N OFUNDING REQUEST(IN THOUSANDS) L 6-Year Planning Period Funding 2024 2025 2026 2027 2028 2029 Total Q Rates 75 25 100 .09 Sales& Use Tax REET 2 ate-+ Grants/Loans Total Funding 100 100 f6 U Chapter 6:Capital Facilities-Appendix A(DRAFTFINAL) Rev. 30 January 2024 Page 20 i NP . -ct Name: Transfer Station Booth Upgrades v7 S �_ Fund:402-Solid Waste c Project Description: Replace booths at Eels Hill, Union, Belfair and Hoodsport transfer stations. Evaluate utility needs for potential upgrades in conjunction with booth replacement. Replace tipping floor at Eells Hill facility. U Project Justification: Booths have reached the end of their useful life. This replacement is necessary for health and N •O safety of employees. Eells Hill tipping floor has been repaired numerous times and is in need of replacement. i IZ L COST ASSUMPTIONS (in thousands) 6-Year Planning Period Totals Engineering Other Professional Services (i.e. design,planning) Machinery/Equipment 350 Construction 10 Total: 360 N FUNDING REQUEST (IN THOUSANDS) Q 6-Year Planning Period Funding 2024 2025 2026 2027 2028 '^'^ Rates 360 360 .09 Sales& Use Tax (Q REET 2 Grants/Loans Total Funding 360co 360 V Chapter 6:Capital Facilities-Appendix A(DRAF FINAL) Rev. 30 January 2024 Page 21 ' • Post-Closure Activities N v s � V) V Fund:402—Solid Waste s_ Z 0 O Project Description: Complete groundwater monitoring and final report. Project Justification: Required per state law governing landfill closures. a--+ V N .O L 11 COST ASSUMPTIONS (in thousands) 6-Year Planning Period Totals s_ Engineering O Other Professional Services (i.e. design,planning) 30 i Machinery/Equipment }, Construction N Total. 30 FUNDING REQUEST (IN THOUSANDS) lip 6-Year Planning Period Funding 2024 2025 2026 2027 2028 2029 Total Rates 30 30 .09 Sales& Use Tax REET 2 Grants/Loans Total Funding 30 a--+ 30 (6 V Chapter 6:Capital Facilities—Appendix A(DRAFTFINAL) Rev. 30 January 2024 Page 22 4-1 QProject Name: Replace Eells Hill Equipment N N V) �C Fund:402—Solid Waste � Project Description: Replace equipment on a regular basis. Project Justification: Planned equipment replacement when useful life is nearing end and/or maintenance costs }' become excessive. Loader, in-bound scales and excavator in next 6 years. U N .O i IZ COST ASSUMPTIONS (in thousands) 6-Year Planning Period Totals Cz Engineering 0 Other Professional Services (i.e. design,planning) Machinery/Equipment 400 r }, Construction N Total. 400 FUNDING REQUEST(IN THOUSANDS) 6-Year Planning Period Funding 2024 2025 2027 2028 2029 Total Rates 100 200 100 400 .09 Sales& Use Tax REET 2 Grants/Loans ate-+ Total Funding 100 200 100 400 U Chapter 6:Capital Facilities—Appendix A(DRAFTFINAL) Rev. 30 January 2024 Page 23 i N Q) Project Name: Replace Drop Box Covers s � Fund:402—Solid Waste O 0 Project Description: Replace the covers at Hoodsport, Union and Belfair. V) Project Justification: Reached useful life and in need of replacement. U N .O i lZ COST ASSUMPTIONS (in thousands) 6-Year Planning Period Totals Engineering 0 Other Professional Services (i.e. design,planning) Machinery/Equipment lZ }, Construction 450 Total. 450 N FUNDING REQUEST (IN THOUSANDS) O6-Year Planning Period Funding 2024 2025 2026 2027 2028 2029 Total Rates Q .09 Sales& Use Tax REET 2 Grants/Loans 450 450 ate-+ Total Funding 450 450 V Chapter 6:Capital Facilities—Appendix A(DRAF FINAL) Rev. 30 January 2024 Page 24 N Project Name: Sunset Bluff Park Development Fund: REET 2—Capital Improvement Program N Project Description: Develop 35 acre park along Oakland Bay with beach access,trail development and other passive recreation opportunities. Main improvements to include improved entry road,formal parking, beach access,and picnic facilities. +' Project Justification:County Parks and Recreation Plan placed high priority on water/beach access and trail development. V N .O COST ASSUMPTIONS (in thousands) 6-Year Planning Period Totals Engineering Other Professional Services(i.e. design,planning, etc.) 33 Machinery/Equipment Construction 165 Total: 198 N FUNDING REQUEST (IN THOUSANDS) 0 6-Year Planning Period Funding 2024 2025 2026 2027 2028 2029 In House (REET 2) 198 198 Other Grants ate-+ Loans Q Total Funding 198 198 M V Chapter 6:Capital Facilities—Appendix A(DRAFTFINAL) Rev. 30 January 2024 Page 25 Projecte. Park Study • • c� Fund: REET 2—Capital Improvement Program N Project Description:This project includes planning/design, development and construction services.To include development of i trails, signage,and basketball/pickleball court. cB d Project Justification:There is no current plan of record for this park site. Site also has potential as a trailhead for a Regional Trail in the area. .O i r E (6 i COST ASSUMPTIONS (in thousands) 6-Year Planning Period Totals Engineering 11 }, Other Professional Services (i.e. design,planning, etc.) 61 Machinery/Equipment N Construction 303 Total: 364 FUNDING REQUEST (IN THOUSANDS) 6-Year Planning Period Funding 2024 2025 2026 2027 2028 2029 Total In House (REET 2) 364 364 Other ate-+ Grants Q Loans (� Total Funding 364 364 V Chapter 6:Capital Facilities—Appendix A(DRAFTFINAL) Rev. 30 January 2024 Page 26 4 Project Name: S • Park Renovation Z S Fund: REET 2—Capital Improvement Program � n Project Description:Scope of this project includes planning/design and development services to complete the renovation of L Sandhill Park. Main work would include synthetic football field, new playground, maintenance shop, and sport field lighting. n Project Justification:This project is listed as a high priority in the County Parks and Recreation Plan.Addition of new equipment CJ to existing facility. .O L COST ASSUMPTIONS (in thousands) (� 6-Year Planning Period Totals i Engineering L- Other Professional Services (i.e. design,planning, etc.) 526 Machinery/Equipment }' Construction 4,798 N Total: 5,324 N FUNDING REQUEST (IN THOUSANDS) 6-Year Planning Period Funding 2024 2025 2026 2027 2028 2029 Total Q In House (REET 2) 4,798 4,798 Other Grants 526 526 Loans Total Funding 5,324 5,324 V Chapter 6:Capital Facilities—Appendix A(DRAFTFINAL) Rev. 30 January 2024 Page 27 +, cu (1) Project Name: Harvey Rendsland County Park Planning and Improvement -C r� Fund: REET 2-Capital Improvement Program O N Project Description:Would involve completing a park plan to facilitate public access to the park and then the development of a i parking area, picnic facility, and passive recreation and support facilities. ca }' 0- Project Justification:This Park was donated to Mason County in 2007 by Washington State Parks. It provides water access to Jiggs V Lake.Water access is the top priority in the County Parks and Recreation Plan.Additional developed park space is needed on the •O Tahuya Peninsula. L (Z COST ASSUMPTIONS (in thousands) 6-Year Planning Period Totals Engineering Other Professional Services (i.e. design,planning, etc.) 30 a--+ Machinery/Equipment Construction 150 Total: 180 O FUNDING REQUEST (IN THOUSANDS) 6-Year Planning Period Funding 2024 2025 2026 2027 2028 2029 Total In House (REET 2) 180 180 Other _ Grants •Q Loans Total Funding 180 180 V Chapter 6:Capital Facilities-Appendix A(DRAFTFINAL) Rev. 30 January 2024 Page 28 s � L Project Name: Phillips Lake County Park (0 Fund: REET 2—Capital Improvement Program N Project Description: Scope of this project includes basic park improvements, including park amenities such as tree removal, picnic tables, park benches,trash containers, and signage. VProject Justification:This is a small and cost effective project consistent with goals in the Comprehensive Plan. .O L COST ASSUMPTIONS (in thousands) Ca 6-Year Planning Period Totals Engineering iOther Professional Services (i.e. design,planning, etc.) Machinery/Equipment Construction 10 N Total: 10 E N > FUNDING REQUEST (IN THOUSANDS) 0 i 6-Year Planning Period Funding, 2024 202S 2026 2027 2028 2029 Total In House (REET 2) 10 10 Other Grants ate-+ Loans Q Total Funding 10 10 V Chapter 6:Capital Facilities—Appendix A(DRAFTFINAL) Rev. 30 January 2024 Page 29 i fo Project Name: Menards Landing County Park Ln C Fund: REET 2—Capital Improvement Program Q N Project Description:This park was transferred from the Port of Tahuya to Mason County in 2006. Project scope includes iimprovements that would incorporate ADA access improvements, new picnic facilities, non-motorized watercraft launch site,and a--+ new park amenities such as park benches and garbage cans. U Project Justification: Project listed in the County Parks and Recreation Plan as a priority for implementation. W .Q L 11 COST ASSUMPTIONS (in thousands) i 6-Year Planning Period Totals Q Engineering i Other Professional Services (i.e. design,planning, etc.) 62 +-+ Machinery/Equipment N Construction 312 Total: 374 FUNDING REQUEST (IN THOUSANDS) Q Y` 6-Year Planning Period Funding 2024 2025 2026j�2027 2028 2029 Total In House (REET 2) 374 374 Other Grants 374 374 }' Loans Total Funding 374 374 V Chapter 6:Capital Facilities—Appendix A(DRAFTFINAL) Rev. 30 January 2024 Page 30 a--+ cn (3) Project Name: Mason County Recreation (MCRA) Improvements L L-- Fund: REET 2/Grants—Capital Improvement Program O Project Description: Project scope would involve needed renovations and improvements to MCRA Park.The improvements i include: new field lights, restroom renovation, new bleachers, play equipment surfacing, asphalt, scoreboards, and concession }, building. Projects include restroom-concession building, parking and master planning. V Project Justification: Project listed in the County Parks and Recreation Plan for implementation. .O r COST ASSUMPTIONS (in thousands) CQ 6-Year Planning Period Totals L Engineering Other Professional Services (i.e. design,planning, etc.) 1,403 Machinery/Equipment Construction 7,034 Total: 8,437 > FUNDING REQUEST (IN THOUSANDS) 0 6-Year Planning Period Funding 2024 2025 2026 2027 2028 2029 Total Q In House (REET 2) 8,437 8,437 Other(may be grants + Reet 2) 8 437 �437 Grants (Q Loans a--+ Total Funding 8,437 8,437 Q (6 V Chapter 6:Capital Facilities—Appendix A(BRAFTFINAL) Rev. 30 January 2024 Page 31 c� Project Name: MasonLake Boat • • V) L-- (0 Fund: REET 2-Capital Improvement Program O N Project Description: Renovation of restroom facility, play equipment, picnic shelter. i Project Justification:Original building from 1970's needs ADA upgrades. a-1 d V N .O i 11 COST ASSUMPTIONS (in thousands) 6-Year Planning Period Totals Engineering 41 Other Professional Services (i.e. design,planning, etc.) Machinery/Equipment +-J Construction 165 Total: 206 N FUNDING REQUEST (IN THOUSANDS) 6-Year Planning Period Funding 2024 2025 2026 2027 2028 2029 Total Q In House (REET 2) 206 206 Other Grants +-+ Loans Q Total Funding 206 206 V Chapter 6:Capital Facilities-Appendix A(DRAFTFINAL) Rev. 30 January 2024 Page 32 N M Project Name: Jacoby Park (Shorecrest) Improvements V T � �� Fund: REET 2—Capital Improvement Program Project Description: Project scope would involve implementation of Park Improvement Plan based on Park Site Plan developed in i 2008. Improvements would provide more amenities at the park than what currently exist. ca VProject Justification: Project listed in the County Parks and Recreation Plan for implementation. .O L r COST ASSUMPTIONS (in thousands) 6-Year Planning Period Totals Q Engineering i Other Professional Services (i.e. design,planning, etc.) 93 +-+ Machinery/Equipment N Construction 465 Total. 558 O FUNDING REQUEST (IN THOUSANDS) Q 6-Year Planning Period Funding 2024 2025 2026 2027 2028 20,& In House (REET 2) 558 558 Other Grants }' Loans f6 Total Funding 558 558 V Chapter 6:Capital Facilities—Appendix A(BRAFTFINAL) Rev. 30 January 2024 Page 33 a--+ Ln Project Name: F• • • Park V) -0 L-- Fund: REET 2—Capital Improvement Program \ N Project Description:This park serves the Hoodsport area as the primary Community Park and has a play area, basketball court, 5 i restroom building and open field area. Improvements would involve addition of amenities to improve the user experience;this would include picnic facilities,ADA improvements, signage,and renovation of the existing turf.A dog park has recently been V completed at this location in 2023. •O Project Justification: Project listed in the County Parks and Recreation Plan. L r) i COST ASSUMPTIONS (in thousands) 6-Year Planning Period Totals Engineering Other Professional Services (i.e. design,planning, etc.) 138 Machinery/Equipment Construction 711 Total: 849 FUNDING REQUEST (IN THOUSANDS) Q 6-Year Planning Period Funding 2024 2025 2026 2027 2028 202 In House (REET 2) 849 849 _ Other Grants •� Loans Total Funding 849 849 U Chapter 6:Capital Facilities—Appendix A(DRAFTFINAL) Rev. 30 January 2024 Page 34 a--+ Ln N c� Project Name: CoulterPark Development Fund: REET 2-Capital Improvement Program O N Project Description: Develop additional waterfront property and to develop trail network and boardwalk. i Project Justification:Waterfront park land and trails were rated highest priority in the County Parks and Recreation Plan. a--+ 0 V .O i 11 COST ASSUMPTIONS (in thousands) 6-Year Planning Period Totals Engineering 308 O Other Professional Services (i.e. design,planning, etc.) L Machinery/Equipment +-+ Construction 1,540 Q� Total. 1,848 FUNDING REQUEST (IN THOUSANDS) Q 6-Year Plannina Period Fundina 2024 2025 2026 2027 2028 2029 Q In House(REET 2) 1,848 1,848 Other Grants Loans }' Total Funding 1,848 1,848 Q (O U Chapter 6:Capital Facilities-Appendix A(DRAFTFINAL) Rev. 30 January 2024 Page 35 c� Project Name: Walker Park Improvements S v Fund: REET 2—Capital Improvement Program 0 N Project Description:ADA upgrades, picnic shelter, basketball/pickleball court. i Project Justification: Picnic shelter and other improvements consistent with the County Parks and Recreation Plan. a--+ V N .O L COST ASSUMPTIONS (in thousands) C6 6-Year Planning Period Totals i Engineering 207 0 Other Professional Services (i.e. design,planning, etc.) Machinery/Equipment }' Construction 1,035 Total: 1,242 E N FUNDING REQUEST (IN THOUSANDS) i 6-Year Planning Period Funding 2024 2025 2026 2027 2028 2029 Total In House (REET 2) 1,242 1242 Other Grants }, Loans Q Total Funding 1,242 1,242 U Chapter 6:Capital Facilities—Appendix A(DRAFTFINAL) Rev. 30 January 2024 Page 36 c� Project Name: NorthProject -r- ~ V) T Fund: REET 2-Capital Improvement Program O N Project Description: Pathway connecting Port of Allyn with Coulter Creek Park.A concept plan has been completed investigating i how a non-motorized pathway could be built along the County Road Right of Way to connect the Port of Allyn Park with Coulter a--+ Creek Park to the tip of Case Inlet.The first phase would bejust over two miles long.This trail could also be the beginning of a -1 larger trail network connecting Allyn with Belfair.The County Trails Fund, administered by Public Works could be one of the a) primary funding sources for this project. State grant funding is another possibility.The addition of trails and water access were high Opriorities in the recent parks plan and this project would provide both a trail and access to water. L Project Justification: High-priority project from both the 2006 Park Plan and 2008 County Regional Trails Plan and the 2013 Parks &Trails Comprehensive Plan. COST ASSUMPTIONS (in thousands) 0 6-Year Planning Period Totals Engineering 190 4-+ Other Professional Services(i.e. design,planning, etc.) Machinery/Equipment Construction 845 Total: 1,035 O i Q FUNDING REQUEST (IN THOUSANDS) 6-Year Planning Period Funding 2024 2025 2026 2027 2028 2029 Total In House (REET 2) 1,035 1,035 (6 Other Grants f6 Loans U Total Funding 1,035 1,035 Chapter 6:Capital Facilities-Appendix A(DRAFTFI Rev. 30 January 2024 Page 37 a--+ Ln N Project Name: UnionImprovements F— V) -0 L-- Fund: REET 2—Capital Improvement Program N Project Description: Dog park and ADA upgrades. i M Project Justification: New or renovated restroom and ADA improvements. a--+ 0 V .O i 11 COST ASSUMPTIONS (in thousands) 6-Year Planning Period Totals Engineering 337 O Other Professional Services (i.e. design,planning, etc.) L Machinery/Equipment +-+ Construction 1,686 N Total. 2,023 N FUNDING REQUEST (IN THOUSANDS) 0 T` 6-Year Planning Period Funding 2024 2025 2026202 02 Q In House (REET 2) 2,023 2,023 Other _ Grants �6 Loans Total Funding 2,023 2,023 f6 U Chapter 6:Capital Facilities—Appendix A(DRAFTFINAL) Rev. 30 January 2024 Page 38 a--+ vA s � Q Fund: REET 2-Capital Improvement Program i Project Description: Skate Park for Mason County. }, Project Justification: Consistent with the County Parks and Recreation Plan. U N .Q i lZ COST ASSUMPTIONS (in thousands) 6-Year Planning Period Totals Engineering 138 Q Other Professional Services (i.e. design,planning, etc.) 132 i Machinery/Equipment +-+ Construction 396 Total. 666 OFUNDING REQUEST (IN THOUSANDS) 6-Year Planning Period Funding 2024 2025 2026 2027 2028 2029 Total In House (REET 2) 666 666 Other Grants Loans Total Funding 666 666 (Q v Chapter 6:Capital Facilities-Appendix A(DRAF FINAL) Rev. 30 January 2024 Page 39 a--+ Ln —.— Project Name: Trails Development • Shelton to Belfair Trail Program N F— V) -0 L-- Fund: REET 2-Capital Improvement Program O N Project Description:Trail development program for Mason County. Project Justification: Begin implementation of a trail development program as per the County Regional Trails Plan. a--+ 0 V .O i i) E COST ASSUMPTIONS (in thousands) (Q 6-Year Planning Period Totals i Engineering 0 Other Professional Services (i.e. design,planning, etc.) 11 Machinery/Equipment }' Construction 2,400 N Total. 2,400 FUNDING REQUEST (IN THOUSANDS) O i 6-Year Planning Period Funding, 2024 202S 2026 2027 2028 2029 Total In House (REET 2) 2,400 2,400 Other Grants }, Loans Q Total Funding 2,400 2,400 (O U Chapter 6:Capital Facilities-Appendix A(DRAFTFINAL) Rev. 30 January 2024 Page 40 a--+ Ln • -ct Name: Latimer's Landing Boat Ramp NIF F— V) -0 L-- Fund: REET 2-Capital Improvement Program O N Project Description: Scope of this project includes planning/design and development to renovate the existing � County Boat Ramp Floats and install Security Lighting. VProject Justification: Project listed as a high priority in the County Parks and Recreation Plan. Project would enhance cu water access and boating. .O i r (� COST ASSUMPTIONS (in thousands) i 6-Year Planning Period Totals Engineering Other Professional Services (i.e. design,planning, etc.) }' Machinery/Equipment Construction 1,000 Total: 1,000 N FUNDING REQUEST (IN THOUSANDS) Q Y` 6-Year Planning Period Funding 2024 2025 2026 2027 2028 2029 Tota In House (REET 2) 1,000 1,000 _ Other Grants •� Loans Total Funding 1,000 1,000 U Chapter 6:Capital Facilities-Appendix A(DRAFTFINAL) Rev. 30 January 2024 Page 41 a--+ Ln Project Name: Union Street Ends Park at Orre Nobles F— V) -0 � Fund: REET 2-Capital Improvement Program N Project Description:There are four street ends in the Union area that citizens are interested in converting to small � water access pocket parks.These sites can also facilitate access from water to land as well for kayakers and canoes. VThese sites could enhance the Cascadia Marine Trail.The plan is to begin working on the Orre Nobles site. Q) Project Justification: County Parks and Recreation Plan placed high priority on water/beach access and trail �0 development. Union Improvement Club supports this project as well. i r COST ASSUMPTIONS (in thousands) 6-Year Planning Period Totals Engineering 5 Other Professional Services (i.e. design,planning, etc.) }' Machinery/Equipment N Construction Total: 5 N Q FUNDING REQUEST (IN THOUSANDS) Q 6-Year Planning Period Funding =024 2025 2026 2027 2028 2029 Total In House (REET 2) 5 5 Other Grants }' Loans Total Funding 5 �5 (O U Chapter 6:Capital Facilities-Appendix A(DRAFTFINAL) Rev. 30 January 2024 Page 42 Q ib L-- m Fund: REET 1 —Capital Improvement Program Project Description: HVAC, new window improvements, carpet, paint, parking lot and various improvements as per facilities assessment. a--+ c6 V N Project Justification: Mason County existing facilities assessment. '� C= i E [Z Q E od C COST ASSUMPTIONS (in thousands) O6-Year Planning Period Totals U Engineering 11 Other Professional Services (i.e. design,planning, etc.) a--+ Machinery/Equipment Construction 150 Total: 150 FUNDING REQUEST (IN THOUSANDS) 6-Year Planning Period Funding 2024 2025 2026 2027 2028 2029 Total In House(REET 1) 50 15 15 20 25 25 150 Other ate-+ Grants Q Loans Total Funding 50 15 15 20 25 25 150 V I Chapter 6:Capital Facilities—Appendix A(DRAFTFINAL) Rev. 30 January 2024 Page 43 Project Name: Building #2 Improvements to � coFund: REET 1 -Capital Improvement Program N Project Description: New heat pump, new windows, carpet, paint and various improvements as per facilities 4� assessment. a--+ M V N Project Justification: Mason County existing facilities assessment. .O 'C i �E 0- -0 Q Z COST ASSUMPTIONS (in thousands) C= O6-Year Planning Period Totals 0 U Engineering r Other Professional Services (i.e. design,planning, etc.) Machinery/Equipment Construction 80 Total. 80 N FUNDING REQUEST (IN THOUSANDS) C 6-Year Planning Period Funding 2024 2025 2026 2027 2028 2029 Total In House(REET 1) 5 30 5 30 5 50 80 Other ate-+ Grants Q Loans Total Funding 5 30 5 30 5 5 80 U Chapter 6:Capital Facilities-Appendix A(DRAF FINAL) Rev. 30 January 2024 Page 44 Project Name: Building #3 Improvements L-- m Fund: REET 1 —Capital Improvement Program Project Description: HVAC, new roof, paint, parking lot, pumps for water removal ceiling tile, carpet and various '} building improvements as per facilities assessment. a--+ R V - Project Justification: Mason County existing facilities assessment. O sr i E Ila- —C Q E od C COST ASSUMPTIONS (in thousands) O6-Year Planning Period Totals U Engineering 11 Other Professional Services (i.e. design,planning, etc.) Machinery/Equipment Construction 229 Total: 229 FUNDING REQUEST (IN THOUSANDS) Q 6-Year Planning Period Funding 2024 2025 2026 2027 2028 2029 Total In House(REET 1) 144 10 10 15 25 25 229 Other ate-+ Grants Q Loans Total Funding 144 10 10 15 25 25 229 V Chapter 6:Capital Facilities—Appendix A(DRAF FINAL) Rev. 30 January 2024 Page 45 4-J cn to � L-- m Fund: REET 1 -Capital Improvement Program Project Description: HVAC, roof, paint, carpet, lighting, windows, r/r remodel and various building improvements as +� per facilities assessment. a--+ M V - Project Justification: Mason County existing facilities assessment. Q z COST ASSUMPTIONS (in thousands) C= O6-Year Planning Period Totals 0 U Engineering r Other Professional Services (i.e. design,planning, etc.) a--+ Machinery/Equipment Construction 135 Total. 135 N FUNDING REQUEST (IN THOUSANDS) Q 6-Year Planning Period Funding 2024 2025 2026 2027 2028 2029 Total In House(REET 1) 10 55 25 10 25 10 135 Other ate-+ Grants Q Loans Total Funding 10 55 25 10 25 10 135 U Chapter 6:Capital Facilities-Appendix A(DRAF FINAL) Rev. 30 January 2024 Page 46 Project Name: Building #5 Improvements to � L-- m Fund: REET 1 -Capital Improvement Program N Project Description: HVAC, paint, windows, roof, parking lot, ramp and various building improvements as per +-+ facilities assessment. a--+ M V - Project Justification: Mason County existing facilities assessment. .O •� i •E 0- -0 Q z COST ASSUMPTIONS (in thousands) C= O6-Year Planning Period Totals 0 U Engineering r Other Professional Services (i.e. design,planning, etc.) Machinery/Equipment Construction 75 Total. 75 N FUNDING REQUEST (IN THOUSANDS) C 6-Year Planning Period Funding 2024 2025 2026 2027 2028 2029 Total In House(REET 1) 10 10 10 20 20 5 75 Other ate-+ Grants Q Loans Total Funding 10 10 10 20 20 5 75 U Chapter 6:Capital Facilities-Appendix A(DRAF FINAL) Rev. 30 January 2024 Page 47 a--+ to 0 L-- m Fund: REET 1 -Capital Improvement Program Project Description: Paint, carpet, HVAC, ramps, remodel to conference rooms and various building improvements as +� per facilities assessment. a--+ cg V Project Justification: Mason County existing facilities assessment. Q z COST ASSUMPTIONS (in thousands) C= O6-Year Planning Period Totals lJ Engineering it Other Professional Services (i.e. design,planning, etc.) a--+ Machinery/Equipment Construction 88 Total. 88 N FUNDING REQUEST (IN THOUSANDS) Q 6-Year Planning Period Funding 2024 2025 2026 2027 2028 2029 Total In House(REET I) 28 10 15 15 10 10 88 Other ate-+ Grants Q Loans Total Funding 28 10 15 15 10 10 88 U I Chapter 6:Capital Facilities-Appendix A(DRAFTFINAL) Rev. 30 January 2024 Page 48 Project Name: Building #7 Improvements L-- m Fund: REET 1 —Capital Improvement Program Project Description: HVAC, paint, carpet, parking lot, tree removal, and various building improvements as per facilities assessment. a--+ M V N Project Justification: Mason County existing facilities assessment. •O 'c i E [Z —0 Q E od C COST ASSUMPTIONS (in thousands) O6-Year Planning Period Totals U Engineering 11 Other Professional Services (i.e. design,planning, etc.) Machinery/Equipment Construction 85 Total: 85 FUNDING REQUEST (IN THOUSANDS) Q 6-Year Planning Period Funding 2024 2025 2026 2027 2028 2029 Total In House(REET 1) 15 10 10 15 15 20 85 Other ate-+ Grants •Q Loans Total Funding 15 10 10 15 15 20 85 V Chapter 6:Capital Facilities—Appendix A(DRAF FINAL) Rev. 30 January 2024 Page 49 4-J v to � L-- m Fund: REET 1 -Capital Improvement Program Project Description: HVAC, paint, carpet, ceiling tile, parking lots,windows, and various building improvements as +� per facilities assessment. a--+ cg V Project Justification: Mason County existing facilities assessment. Q z COST ASSUMPTIONS (in thousands) C= O6-Year Planning Period Totals 0 U Engineering r Other Professional Services (i.e. design,planning, etc.) a--+ Machinery/Equipment Construction 190 Total. 190 N FUNDING REQUEST (IN THOUSANDS) Q 6-Year Planning Period Funding 2024 2025 2026 2027 2028 2029 Total In House(REET 1) 15 55 20 40 30 30 190 Other ate-+ Grants Q Loans Total Funding 15 55 20 40 30 30 190 U Chapter 6:Capital Facilities-Appendix A(DRAF FINAL) Rev. 30 January 2024 Page 50 Project Name: Building #9 Improvements to � coFund: REET 1 -Capital Improvement Program N Project Description:Windows, paint, carpet, parking lot, and various building improvements as per facilities 4� assessment. a--+ M V N Project Justification: Mason County existing facilities assessment. .O 'C i �E 0- -0 Q Z COST ASSUMPTIONS (in thousands) C= O6-Year Planning Period Totals 0 U Engineering r Other Professional Services (i.e. design,planning, etc.) Machinery/Equipment Construction 85 Total. 85 N FUNDING REQUEST (IN THOUSANDS) C 6-Year Planning Period Funding 2024 2025 2026 2027 2028 2029 Total In House(REET 1) 10 10 15 10 25 15 85 Other ate-+ Grants Q Loans Total Funding 10 10 15 10 25 15 85 U Chapter 6:Capital Facilities-Appendix A(DRAF FINAL) Rev. 30 January 2024 Page 51 Project Name: Building #10 Improvements 5 Fund: REET 1 -Capital Improvement Program 0 co N Project Description: Phase 2 of building construction, parking lot,windows, and various building improvements, > +� renovate newly purchased facility to District Court needs. a--+ cB V Project Justification: Mason County existing facilities assessment. .O i E i Q od COST ASSUMPTIONS (in thousands) 6-Year Planning Period Totals 0 V Engineering r Other Professional Services (i.e. design,planning, etc.) +-' Machinery/Equipment Construction 2130 Total. 2130 N FUNDING REQUEST (IN THOUSANDS) Qi 6-Year Planning Period Funding 2024 2025 2026 2027 2028 2029 Total In House(REET 1) 2000 50 20 20 20 20 2130 Other f6 Grants a--+ Loans Total Funding 2000 50 20 20 20 20 2130 U Chapter 6:Capital Facilities-Appendix A(DRAF FINAL) Rev. 30 January 2024 Page 52 Project Name: Building #11 Improvements Ln mFund: REET 1 -Capital Improvement Program N Project Description: Remove bentonite, covered storage, fencing, and HVAC. .�, Project Justification: Mason County existing facilities assessment. V � N � O .� � Q od (6 >1COST ASSUMPTIONS (in thousands) 6-Year Planning Period Totals 0 Engineering Other Professional Services(i.e. design,planning, etc.) }' Machinery/Equipment N Construction 190 Total. 190 N FUNDING REQUEST (IN THOUSANDS) Q 6-Year Planning Period Funding 2024 2025 2026 2027 2028 2029 Total In House(REET 1) 30 50 50 20 20 20 190 Other (a Grants Loans Total Funding 30 50 50 20 20 20 190 V Chapter 6:Capital Facilities-Appendix A(DRAF FINAL) Rev. 30 January 2024 Page 53 N i Project Name: Bu • • #12 Improvements mFund: REET 1 -Capital Improvement Program N Project Description: HVAC, new roof, parking lot garage doors. }, M Project Justification: Mason County existing facilities assessment. V 4-J '0 i IZ Q E COST ASSUMPTIONS (in thousands) 6-Year Planning Period Totals O V Engineering Other Professional Services(i.e. design,planning, etc.) +-' Machinery/Equipment Construction 65 Total: 65 i FUNDING REQUEST (IN THOUSANDS) Q Yi 6-Year Planning Period Funding 2024 2025 2026 2027 2028 2029 Total In House(REET 1) 15 10 10 10 10 10 65 Other �6 Grants Loans Total Funding 15 10 10 10 10 10 65 V Chapter 6:Capital Facilities-Appendix A(DRAF FINAL) Rev. 30 January 2024 Page 54 N Project Name: M • • Improvements 5 Fund: REET 1 -Capital Improvement Program Q co N Project Description: Paint, outside fencing, parking lot, upgrade camera and locks, and various building > } improvements as per facilities assessment. a--+ c0 V L— W Project Justification: Mason County existing facilities assessment. _ _ .Q ••C i E i Q E od � COST ASSUMPTIONS (in thousands) i 6-Year Planning Period Totals Q V Engineering r Other Professional Services(i.e. design,planning, etc.) +-J Machinery/Equipment Construction 275 Total. 275 N O FUNDING REQUEST (IN THOUSANDS) Q 6-Year Planning Period Funding 2024 2025 2026 2027 2028 2029 Total In House(REET I) 1 10 65 40 40 60 60 275 Other (6 Grants Loans Total Funding 10 65 40 40 60 60 275 U Chapter 6:Capital Facilities-Appendix A(DRAF FINAL) Rev. 30 January 2024 Page 55 Q' can coFund: REET 1 -Capital Improvement Program Project Description: Remodel, carpet, paint, elevator, roof, parking lots and various building improvements as per facilities assessment. a--+ c6 V N Project Justification: Mason County existing facilities assessment. '� C= i E [Z Q E od C COST ASSUMPTIONS (in thousands) O6-Year Planning Period Totals U Engineering 11 Other Professional Services (i.e. design,planning, etc.) a--+ Machinery/Equipment Construction 1510 Total: 1510 FUNDING REQUEST (IN THOUSANDS) 6-Year Planning Period Funding 2024 2025 2026 2027 2028 2029 Total In House(REET 1) 10 1000 200 100 100 100 1510 Other ate-+ Grants Q Loans Total Funding 10 1000 200 100 100 100 1510 V I Chapter 6:Capital Facilities-Appendix A(DRAFTFINAL) Rev. 30 January 2024 Page 56 a--+ N L-- m Fund: REET 1 —Capital Improvement Program Project Description: Paint, siding, ramps, HVAC, camera and lock upgrades, and various building improvements as +� per facilities assessment. a--+ cg V Project Justification: Mason County existing facilities assessment. Q z COST ASSUMPTIONS (in thousands) C= O6-Year Planning Period Totals 0 U Engineering it Other Professional Services (i.e. design,planning, etc.) a--+ Machinery/Equipment Construction 152 Total. 152 N FUNDING REQUEST (IN THOUSANDS) Q 6-Year Planning Period Funding 2024 2025 2026 2027 2028 2029 Total In House(REET 1) 17 25 25 25 30 30 152 Other ate-+ Grants Q Loans Total Funding 17 25 25 25 30 30 152 U I Chapter 6:Capital Facilities—Appendix A(DRAFTFINAL) Rev. 30 January 2024 Page 57 a' Project Name: Sheriff's Office Improvements Q can L-- m Fund: REET 1 -Capital Improvement Program Project Description: Roof, HVAC, paint, parking lots, windows, carpet, and various building improvements as per facilities assessment. a--+ c6 V N Project Justification: Mason County existing facilities assessment. Q) _ '0 C= i E [Z Q E od C COST ASSUMPTIONS (in thousands) O6-Year Planning Period Totals U Engineering 11 Other Professional Services (i.e. design,planning, etc.) Machinery/Equipment Construction 350 Total: 350 Q) FUNDING REQUEST (IN THOUSANDS) C 6-Year Planning Period Funding 2024 2025 2026 2027 2028 2029 Total In House(REET 1) 80 20 50 50 75 75 350 Other ate-+ Grants Q Loans Total Funding 80 20 50 50 75 75 350 V I Chapter 6:Capital Facilities-Appendix A(DRAFTFINAL) Rev. 30 January 2024 Page 58 a--+ ProjectMemorial L-- m Fund: REET 1 -Capital Improvement Program (D Project Description: Paint, HVAC, sump pump and various building improvements as per facilities assessment. > }, Project Justification: Building has not had any significant improvements since the structure was built in the 1920s. V n '0 i i Q od COST ASSUMPTIONS (in thousands) 6-Year Planning Period Totals O Engineering O V Other Professional Services(i.e. design,planning, etc.) it }, Machinery/Equipment Construction 52 N Total: 52 N O FUNDING REQUEST (IN THOUSANDS) 6-Year Planning Period Funding 2024 2025 2026 2027 2028 2029 Total Q In House(REET 1) 27 5 5 5 5 5 52 Other Grants +-+ Loans •Q Total Funding 27 5 5 5 5 5 52 U Chapter 6:Capital Facilities-Appendix A(DRAFTFINAL) Rev. 30 January 2024 Page 59 • -ct Name: North Mason • - sr V) _ Lza Fund: REET 1 —Capital Improvement Program a Project Description: Roof, paint, HVAC, Parking lot, generator, remodel for rest of County departments. > 4-J (L Project Justification: County recently acquired old fire station building in Belfair for Sheriff's office as well as the V N additional departments that desire or require a presence in the north part of the County. '0 -1= i E i Q od COST ASSUMPTIONS (in thousands) i 6-Year Planning Period Totals 0 O Engineering i V Other Professional Services (i.e. design,planning, etc.) }+ Machinery/Equipment N Construction 180 Total: 180 N 0 FUNDING REQUEST (IN THOUSANDS) i Q 6-Year Planning Period Funding 2024 2025 2026 2027 2028 2029 Total In House(REET 1) 50 10 10 10 40 60 180 Other Grants }' Loans Total Funding 50 10 10 10 40 60 180 f6 U Chapter 6:Capital Facilities—Appendix A(DRAF FINAL) Rev. 30 January 2024 Page 60 • -ct Name: Skokomish River Ecosystem • • E �C > Fund: 192-Skokomish Flood Control District Fund O Q Project Description: Mason County and the Skokomish Tribe (Local Sponsors) are partnering with the Army Corps of Engineers to construct five ecosystem restoration projects within the Skokomish River watershed. The five projects are: 4--, — Confluence Levee Removal, Wetland Restoration at River Mile 9, Wetland Restoration at Grange, Side Channel V � Reconnection, and Upstream Large Woody Debris Installation. Costs presented are the local share (35%). +:� Project Justification: Environmental degradation can be seen throughout the Skokomish River Basin including a loss of Q -0 c� natural ecosystem structures, functions, and processes necessary to support critical fish and wildlife habitat.The r) = degradation of riverine and estuarine habitat has resulted in the listing of four anadromous fish species under the Endangered Species Act (ESA) (Chinook salmon, chum salmon, steelhead, and bull trout) that utilize the river as their Eprimary habitat.The impaired ecosystem has adversely affected riverine, wetland and estuarine habitats that are critical to these and other listed species. E �, COST ASSUMPTIONS (in thousands) 6-Year Planning Period Totals C +� c6 Engineering � Other Professional Services (i.e. design,planning, etc.) 2000 Machinery/Equipment Construction 4400 Total: 6400 L � Q O Vj FUNDING REQUEST (IN THOUSANDS) 6-Year Planning Period Funding 2024 2025 2026 2027 2028 2029 Total In House(REET I) }' Grant:secured for RE phase 2000 2000 Grant:secure for local share of construction 4400 4400 UTotal Funding 6400 6400 Chapter 6:Capital Facilities-Appendix A(DRAFTFINAL) Rev. 30 January 2024 Page 61 4--+ Q� Project Name: North County Shop Site Planning (II � LL Fund: 105 - County Road Fund O C: _O Project Description: Evaluate potential sites to relocate the Belfair Shop. Develop site review criteria, identify potential +-' sites, apply criteria to rank and prioritize, select preferred site and prepare planning level cost estimate to acquire, c6 Udevelop, and relocate. G % Project Justification: The Belfair shop has limited ability to expand and is located in a neighborhood setting. Relocation should improve efficiency by reducing mobilization time and reduce miles on equipment. COST ASSUMPTIONS (in thousands) 6-Year Planning Period Totals L Engineering Other Professional Services (i.e. design,planning, etc.) 40 Machinery/Equipment a--' Construction Total: 40 FUNDING REQUEST (IN THOUSANDS) 0 6-Year Planning Period Funding 2024 202S 2026 2027 2028 2029 Total Q Road Fund 40 40 Other Grants Loans }' Total Funding 40 40 Q V Chapter 6:Capital Facilities—Appendix A(DRAFTFINAL) Rev. 30 January 2024 Page 62 a--' v) aProject Name: Satellite Maintenance Yard Development V) 'v ' L__ L Fund: 105 - County Road Fund O C O_ Project Description:Acquire property or property rights and make modest site improvements (clearing/grading, fence, }' lighting) to store equipment, dispose ditch spoils and slide materials. a--+ V � O Project Justification: Having disposal sites and temporary equipment storage closer to where work occurs will reduce V. cost and improve efficiency. Acquiring land/easements will likely be "opportunistic" rather than on a set schedule. r) i COST ASSUMPTIONS (in thousands) O 6-Year Planning Period Totals Engineering 10 11 }, Other Professional Services (i.e. design,planning, etc.) Machinery/Equipment N Construction/Land Acquisition 200 Total: 210 O i FUNDING REQUEST (IN THOUSANDS) 6-Year Planning Period Funding 2024AMINkM 2026M&202= 2028 2029 Total Road Fund 10 100 100 210 Other a--+ Grants (� Loans U Total Funding 10 100 100 210 Chapter 6:Capital Facilities—Appendix A(DRAFTFINAL) Rev. 30 January 2024 Page 63 a--' v) • - •lic Works Campus • • - can 'v ' ca L__ LL- Fund: 105 - County Road Fund O C O Project Description: Replace critical assets as needed at 100 W Publics Works Drive. VProject Justification: Various machinery and equipment replacements are necessary over time to keep the facility O functioning as designed. Example: 2024 expenditures include storage, conference room technology, and HVAC blower V replacements. r) L COST ASSUMPTIONS (in thousands) 6-Year Planning Period Totals Engineering Other Professional Services (i.e. design,planning, etc.) Machinery/Equipment 710 Construction/Land Acquisition Total. 710 O i FUNDING REQUEST (IN THOUSANDS) 6-Year Planning Period Funding 2024 202S 2026 2027 2028 2029 Total Road Fund 210 100 100 100 100 100 710 Other Grants Q Loans Total Funding 210 100 100 100 100 100 710 V Chapter 6:Capital Facilities-Appendix A(DRAFTFINAL) Rev. 30 January 2024 Page 64 C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Mike Collins Ext.450 Department: Public Works Briefing: Action Agenda: ❑X Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): February 5,2024 Agenda Date: February 13,2024 Internal Review: ❑ Finance ❑ Human Resources ❑X Legal ❑ Information Technology ❑ Risk (This is the responsibility of the requesting Department) Below for Clerk of the Board's Use Only: Item Number: 8.7 Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken Ordinance/Resolution No. Contract No. County Code: Item• Interlocal Agreements for Public Works Reimbursable Work, Supplies,and Services with Local Agencies Background/Executive Summary: Public Works recently worked with our legal and risk management departments to update our interlocal service agreements(ILA). These updates include language acknowledging annual cost adjustments for fuel and services and updated liability terms. Per current service agreements,the agreements remained in effect until either parry terminates with written notice. The first round of notices was sent out to the county fire agencies. The second round of notices have been sent out to all of the other public agencies with outdated ILA's(shown below). Squaxin Island Tribe Pioneer School District Skokomish Indian Tribe Mason Conservation District Mason Transit Authority Dept. of Natural Resources WA State Patrol City of Tacoma—Public Utilities Port of Hoodsport City of Shelton Port of Grapeview Port of Allyn We have received one(1)signed agreement back and have spoken with many of the other agencies and anticipate more agreements to trinkle in as they go through their approval processes Budget Impact(amount, funding source,budget amendment): Services are on a cost reimbursement basis. Public Outreach (news release,community meeting, etc.): N/A Requested Action: Approval for the Chair to sign interlocal agreements between Mason County Public Works and Squaxin Island Tribe,Pioneer School District, Skokomish Indian Tribe,Mason Conservation District,Mason Transit Authority,Dept. of Natural Resources,WA State Patrol, City of Tacoma—Public Utilities,Port of Hoodsport, City of Shelton,Port of Grapeview, and Port of Allyn. Attachments Agreements Agreement No. INTERLOCAL AGREEMENT BETWEEN MASON COUNTY AND FOR PUBLIC WORKS DEPARTMENT REIMBURSABLE WORK, SUPPLIES AND SERVICES THIS INTERLOCAL AGREEMENT is made and entered into pursuant to the Interlocal Cooperation Act, Chapter 39.34 of the Revised Code of Washington, on the day of , 202_, by and between (hereinafter referred to as ) and Mason COUNTY (hereinafter COUNTY) collectively referred to as PARTIES. WHEREAS, Revised Code of Washington Section 39.34.030 authorizes cooperative efforts between public agencies, and WHEREAS,the has expressed interest in an Interlocal agreement with the COUNTY whereby the Mason COUNTY Public Works Department will provide reimbursable work, supplies, and services (including emergency assistance). NOW, THEREFORE, in consideration of the mutual benefits and covenants herein the PARTIES agree as follows: 1. PURPOSE OF AGREEMENT: The purpose of this agreement is for Mason COUNTY to provide the above-mentioned services to the when a work request has been approved by both parties. 2. ADMINISTRATION OF AGREEMENT: Each PARTY to this agreement shall have an AGREEMENT representative. Each PARTY may change its representative upon providing written notice to the other PARTIES. The PARTIES' representatives are as follows: To Mason COUNTY: To Dept. of Public Works 100 W Public Works Drive Shelton, WA 98584 Shop/Fuel Station Services: Attn: Pete Medcalf Email: pmedcalf&masoncountywa.gov Other Services: Attn: Jeremy Seymour Attn: Phone: (360)427-9670, Ext. 450 Phone: Email:jere!nys&masoncountywa.gov Email: 3. DURATION OF AGREEMENT: This agreement shall take effect upon execution of the agreement by both COUNTY and and shall remain in effect until EITHER PARTY terminates by giving ten days written notice to the OTHER PARTY. Agreement No. Page 1 4. WORK REQUESTS: The will normally request work from the COUNTY Road Operations & Maintenance Manager, Jeremy Seymour and/or ER&R Supervisor, Pete Medcalf. The request shall be made by an authorized representative of the by e-mail, fax or mail. Phone or verbal requests must be followed up with a written request. The COUNTY will only do work as authorized by the 5. SCHEDULING: The COUNTY will normally schedule the work in discussion with the 'S representative, giving due consideration to the immediacy of the 'S need and workload of the COUNTY. 6. SHOP SERVICES: Service and repair charges will be on an hourly basis rounded to the nearest 15 minutes. The shop rate for service is an hourly rate set yearly, which is inclusive of documentation and reporting of all maintenance work and service work. Notification of shop/labor surcharge rate increases will be sent out at least 30 days prior to implementation of the new rates. Fees do not include Washington State sales tax which will be added to each invoice. In addition, the is to pay for all parts provided by the COUNTY from COUNTY stock(at COUNTYS cost)plus any costs associated with fluids,pick-up, and delivery,plus any mark-up as described below. Expenses outlined herein shall be paid by the in the manner set forth below: a) Costs of any parts that the COUNTY does not have in-stock may be directly billed to the b) The cost of parts the COUNTY has in stock or are billed to the . This cost for parts and all labor services provided by the COUNTY will be directly billed. c) Fluids used and replaced will be billed at the normal rates paid by the plus a percentage mark-up set yearly, as well as fluid accountability requirements and any required disposal charges incurred by the COUNTY. d) Pick-up and delivery charges will be directly paid by the to the entity providing such services. For example, if towing is required, the will pay the towing company directly. Any services required after normal shop hours will be billed at overtime rates. Field repairs normally will include shop truck costs. Payment is due upon receipt of invoice and payment shall be expected in thirty (30) days from date of invoice. Invoices and payments are to be sent to the address and representative referred to in section 2. 7. FUEL STATION SERVICES: The COUNTY and agree to the following when using the fuel station: a) The may be permitted to fuel its vehicles utilizing the facility maintained by the COUNTY at the Public Works Facility. b) Fueling is only allowed to vehicles with exempt license plates and assigned vehicle pin numbers. c) The may have twenty-four-hour access to the fueling facility by special key card furnished by the COUNTY. COUNTY agrees to extend the same per gallon fuel costs as charged to Mason COUNTY (price of fuel is adjusted on a weekly basis) with a percentage per gallon of fuel surcharge in addition to the fuel price for administrative and maintenance fees set yearly. Lost key cards shall be promptly Agreement No. Page 2 reported to the COUNTY ER&R Supervisor. d) agrees to accept responsibility for the use of and charges to issued account number. e) Mason COUNTY will invoice the fuel usage monthly. This bill will indicate date and time of purchase,product quantity, cost and cards used. Payment is requested within 30- days. 8. ALL OTHER REQUEST WORK, SUPPLIES OR SERVICES: The COUNTY and agree to the following when using this service: a) The shall pay the COUNTY all actual costs (direct and indirect) for requested services; an estimate will be provided by the COUNTY to the if requested. b) The COUNTY shall invoice the detailing time and/or materials used by the COUNTY. c) Payment is due upon receipt of the invoice and payment shall be expected in thirty (30) days from the date of invoice. Invoices and payments are to be sent to the address and one of the representatives referred to in section 2. 9. HOLD HARMLESS AND INDEMNIFICATION: (A.) The shall hold harmless, indemnify and defend the COUNTY, its officers, officials, employees and agents, from and against any and all claims, actions, suits, liability, loss, expenses, damages, and judgments of any nature whatsoever, Including costs and attorney's fees in defense thereof, for injury, sickness, disability or death to persons or damage to property or business, caused by or arising out of the 'S acts, errors or omissions in the performance of this AGREEMENT. PROVIDED HOWEVER, that the 'S obligation there under shall not extend to injury, sickness, death or damage caused by or arising out if the sole negligence of the COUNTY, its officers, officials, employees or agents. PROVIDED FURTHER, that in the event of the concurrent negligence of the PARTIES, the 's obligations hereunder shall apply only to the percentage of fault attributable to the , its employees or agents. (B.). With respect to the 'S obligations to hold harmless, indemnify and defend provided for herein,but only as such obligations relate to claims, actions or suits filed against the COUNTY, the further agrees to waive its immunity under the State Industrial Insurance Law, Title 51, RCW, for any injury or death suffered by the 'S employees caused by or arising out of the 'S acts, errors or omissions in the performance of this AGREEMENT. This waiver has been mutually negotiated by the PARTIES. (C.) The 'S obligations hereunder shall include, but are not limited to, investigating, adjusting and defending all claims alleging loss from action, error or omission or breech of any common law, statutory or other delegated duty by the , the is employees, agents or subcontractors. 11. ASSIGNMENT, DELEGATION AND SUBCONTRACTING: The PARTIES shall perform the terms of the AGREEMENT using only their bona fide employees or agents. 12. COMPLIANCE WITH LAWS: The PARTIES shall comply with all applicable federal, state and local laws, rules and regulations in performing this AGREEMENT. Agreement No. Page 3 13. NON-DISCRIMINATION POLICY: The COUNTY and the agree not to discriminate in the performance of this Agreement because of race, color, national origin, sex, sexual orientation, age, religion, creed, marital status, disabled or Vietnam era veteran status, or the presence of any physical, mental sensory handicap, or other status protected by law. 14. FILING: This document shall be filed with the COUNTY Auditor pursuant to RCW 39.34 or, alternatively, listed by subject on the COUNTY'S website. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written. DATED this , day of , 202 BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON Chair By ATTEST: Signature Clerk of the Board Title APPROVED AS TO FORM: Ch. DPA RECOMMENDING APPROVAL: COUNTY Engineer Agreement No. Page 4 INTERLOCAL AGREEMENT BETWEEN MASON COUNTY AND PORT OF HOODSPORT FOR PUBLIC WORKS DEPARTMENT REIMBURSABLE WORK, SUPPLIES AND SERVICES THIS INTERLOCAL AGREEMENT is made and entered into pursuant to the Interlocal Cooperation Act, Chapter 39.34 of the Revised Code of Washington, on the day of , 2024, by and between Port of Hoodsport(hereinafter referred to as PORT) and ason COUNTY (hereinafter COUNTY) collectively referred to as PARTIES. WHEREAS, Revised Code of Washington Section 39.34.030 authorizes cooperative efforts between public agencies, and WHEREAS, the PORT has expressed interest in an Interlocal agreement with the COUNTY whereby the Mason COUNTY Public Works Department will provide reimbursable work, supplies, and services (including emergency assistance). NOW, THEREFORE, in consideration of the mutual benefits and covenants herein the PARTIES agree as follows: 1. PURPOSE OF AGREEMENT: The purpose of this agreement is for Mason COUNTY to provide the above-mentioned services to the PORT when a work request has been approved by both parties. 2. ADMINISTRATION OF AGREEMENT: Each PARTY to this agreement shall have an AGREEMENT representative. Each PARTY may change its representative upon providing written notice to the other PARTIES. The PARTIES'representatives are as follows: To Mason COUNTY: To PORT: Dept. of Public Works Port of Hoodsport 100 W Public Works Drive 24113 US-101 A Shelton, WA 98584 Hoodsport, WA 98548 Shop/Fuel Station Services: Attn: Kathleen Wyatt Attn: Pete Medcalf Phone: 360-877-9350 Email: pmedcalf(i�masoncountywa.#:ov Email: portmail@hctc.com Other Services: Attn: Jeremy Seymour Phone: (360) 427-9670, Ext. 450 Email: jeremys(a)rnasoncountywa.gov 3. DURATION OF AGREEMENT: This agreement shall take effect upon execution of the agreement by both COUNTY and PORT and shall remain in effect until EITHER PARTY terminates by giving ten days written notice to. the OTHER PARTY. Agreement No. Page 1 4. WORK REQUESTS: The PORT will normally request work from the COUNTY Road Operations & Maintenance Manager Jeremy Se moor and/or ER&R Supervisor, Pete Medcalf. The request shall be made by an authorized representative of the PORT by e-mail, fax or mail. Phone or verbal requests must be followed up with a written request. The COUNTY will only do work as authorized by the PORT. 5. SCHEDULING: The COUNTY will normally schedule the work in discussion with the PORT'S representative, giving due consideration to the immediacy of the PORT'S need and workload of the COUNTY. 6. SHOP SERVICES: Service and repair charges will be on an hourly basis rounded to the nearest 15 minutes. The shop rate for service is an hourly rate set yearly, which is inclusive of documentation and reporting of all maintenance work and service work. Notification of shop/labor surcharge rate increases will be sent out at least 30 days prior to implementation of the new rates. Fees do not include Washington State sales tax which will be added to each invoice. In addition, the PORT is to pay for all parts provided by the COUNTY from COUNTY stock(at COUNTYS cost) plus any costs associated with fluids, pick-up, and delivery, plus any mark-up as described below. Expenses outlined herein shall be paid by the in the manner set forth below: a) Costs of any parts that the COUNTY does not have in-stock may be directly billed to the PORT. b) The cost of parts the COUNTY has in stock or are billed to the PORT. This cost for parts and all labor services provided by the COUNTY will be directly billed. c) Fluids used and replaced will be billed at the normal rates paid by the PORT plus a percentage mark-up set yearly, as well as fluid accountability requirements and any required disposal charges incurred by the COUNTY. d) Pick-up and delivery charges will be directly paid by the PORT to the entity providing such services. For example, if towing is required, the PORT will pay the towing company directly. Any services required after normal shop hours will be billed at overtime rates. Field repairs normally will include shop truck costs. Payment is due upon receipt of invoice and payment shall be expected in thirty (30) days from date of invoice. Invoices and payments are to be sent to the address and representative referred to in section 2. 7. FUEL STATION SERVICES: The COUNTY and PORT agree to the following when using the fuel station: a) The PORT may be permitted to fuel its vehicles utilizing the facility maintained by the COUNTY at the Public Works Facility. b) Fueling is only allowed to vehicles with exempt license plates and assigned vehicle pin numbers. c) The PORT may have twenty-four-hour access to the fueling facility by special key card furnished by the COUNTY. COUNTY agrees to extend the same per gallon fuel costs as charged to Mason COUNTY (price of fuel is adjusted on a weekly basis) with a percentage per gallon of fuel surcharge in addition to the fuel price for administrative and Agreement No. Page 2 maintenance fees set yearly. Lost key cards shall be promptly reported to the COUNTY ER&R Supervisor. d) PORT agrees to accept responsibility for the use of and charges to issued account number. e) Mason COUNTY will invoice the fuel usage monthly. This bill will indicate date and time of purchase, product quantity, cost and cards used. Payment is requested within 30- days. 8. ALL OTHER REQUEST WORK, SUPPLIES OR SERVICES: The COUNTY and PORT agree to the following when using this service: a) The PORT shall pay the COUNTY all actual costs (direct and indirect) for requested services; an estimate will be provided by the COUNTY to the PORT if requested. b) The COUNTY shall invoice the POR'I' detailing time and/or materials used by the COUNTY. c) Payment is due upon receipt of the invoice and payment shall be expected in thirty (30) days from the date of invoice. Invoices and payments are to be sent to the address and one of the representatives referred to in section 2. 9. HOLD HARMLESS AND INDEMNIFICATION: (A.) The PORT shall hold harmless, indemnify and defend the COUNTY, its officers, officials, employees and agents, from and against any and all claims, actions, suits, liability, loss, expenses, damages, and judgments of any nature whatsoever, Including costs and attorney's fees in defense thereof, for injury, sickness, disability or death to persons or damage to property or business, caused by or arising out of the PORT'S acts, errors or omissions in the performance of this AGREEMENT. PROVIDED HOWEVER, that the PORT'S obligation there under shall not extend to injury, sickness, death or damage caused by or arising out if the sole negligence of the COUNTY, its officers, officials, employees or agents. PROVIDED FURTHER, that in the event of the concurrent negligence of the PARTIES, the PORT 's obligations hereunder shall apply only to the percentage of fault attributable to the PORT, its employees or agents. (B.). With respect to the PORT 'S obligations to hold harmless, indemnify and defend provided for herein, but only as such obligations relate to claims, actions or suits filed against the COUNTY, the PORT further agrees to waive its immunity under the State Industrial Insurance Law, Title 51, RCVV, for any injury or death suffered by the PORT'S employees caused by or arising out of the PORT 'S acts, errors or omissions in the performance of this AGREEMENT. This waiver has been mutually negotiated by the PARTIES. (C.) The PORT 'S obligations hereunder shall include,but are not limited to, investigating, adjusting and defending all claims alleging loss from action, error or omission or breech of any common law, statutory or other delegated duty by the PORT, the PORT 's employees, agents or subcontractors. 11. ASSIGNMENT, DELEGATION AND SUBCONTRACTING: The PARTIES shall perform the terms of the AGREEMENT using only their bona fide employees or agents. 12. COMPLIANCE WITH LAWS: The PARTIES shall comply with all applicable federal, state and local laws, rules and regulations in performing this AGREEMENT. Agreement No. Page 3 13. NON-DISCRIMINATION POLICY: The COUNTY and the PORT agree not to discriminate in the performance of this Agreement because of race, color, national origin, sex, sexual orientation, age, religion, creed, marital status, disabled or Vietnam era veteran status, or the presence of any physical, mental sensory handicap, or other status protected by law. 14. FILING: This document shall be filed with the COUNTY Auditor pursuant to RCW 39.34 or, alternatively, listed by subject on the COUNTY'S website. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written. DATED this,day of 2024. BOARD OF COUNTY COMMISSIONERS PORT OF HOODSPORT MASON COUNTY, WASHINGTON MASON COUNTY,WASHINGTON 4�' -\, )""'A 4+ Randy Neatherlin, Chair By ATTEST: Sii-g-nature McKenzie Smith, Clerk of the Board l� Title APPROVED AS TO FORM: Tim Whitehead, Ch. DPA RECOMMENDING APPROVAL: Mike Collins, County Engineer Agreement No. Page 4 MASON COUNTY DEPARTMENT OF PUBLIC WORKS 100 W PUBLIC WORKS DRIVE SHELTON, WASHINGTON 98584 Phone(360)427-9670 ext.450 Is Fax(360)427-7783 January 17, 2024 MASON COUNTY MISSION The mission of Mason County Government is to Port of Hoodsport provide essential& mandated services which 24113 US-101 A will preserve&benefit the Hoodsport, WA 98548 health,safety&welfare of the general public in a Attn: Kathleen Wyatt professional and courteous manner through the effective and equitable management ofaresources.lable is RE: Interlocal Agreement for Mason County Public Works Services resources. Mason County recognizes Dear Ms. Wyatt, that its employees& volunteers upon he This letter is to advise you that Mason County Public Works is updating our foundation upon which P g these services are provided. interlocal service agreements {ILA).These updates include language acknowledging annual cost adjustments for fuel and services and updated liability terms. Pursuant to your current agreement, executed on July 1, 2014(attached to email), Mason County is notifying you the agreement will be terminated, effective February 7, 2024. Please review the updated ILA and if you wish to continue any of these services, please execute and return as soon as possible. Thank you again for your business and I look forward to discussing this further with you in hopes of answering any questions you may have and executing a new agreement. I can be reached at{360) 427-9670, extension 462. Cordially, r Kelle Medcalf Office Administrator INTERLOCAL REQUEST &AGREEMENT FOR REIMBURSABLE WORK BY MASON COUNTY PUBLIC WORKS To the County Engineer: The undersigned hereby requests that the following described work be performed by the Public Works Department for the agency or department shown. It is understood that this work will be done at the convenience of the Public Works Department. Description of work or services requested: Maintenance Services/En ineerinQ and Traffic Count Services/Emereencv Assistance /Fabrication of Signs and Material upon request Termination Date: Upon Request of either party Total cost not to exceed: $Actual Costs The undersigned certifies that sufficient budgeted funds are available to cover the cost of the requested work or services, and that payment to the Public Works Department will be made promptly unless otherwise modified in this agreement. Agency or Dept.: Port of Hoods port_ Signed: _ Date: .I I• I Title: t t ################################################################################ To the Board of County Commissioners: Date: ` I have examined the above request and make the following recommendation: I recommend the Board approve the above as presented. County Engineer Action of the Board of County Commissioners: Date: X The Engineer's recommendation is hereby approved. _ The Engineer's recommendation is disapproved or modified as follows: BOARD OF COMMISSIONERS MASON COUNTY, WASHINGTON TERRIJEFFRBV , h r -T -SLk4- ATTEST: TIM SHELDON, Commissioner JUL'IE ALMANZOR, Clerk of the Board RAY NEAT�T �R�N Commissioner C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Richard Dickinson Ext.450 Department: Utilities&Waste Management Briefing: 0 Action Agenda: 0 Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): February 5,2024 Agenda Date: February 13,2024 Internal Review: ❑ Finance ❑ Human Resources 0 Legal ❑ Information Technology ❑ Risk (This is the responsibility of the requesting Department) Below for Clerk of the Board's Use Only: Item Number: 8.8 Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken Ordinance/Resolution No. Contract No. County Code: Item: Temporary Access License—North Bay Water Reclamation Facility Background/Executive Summary: Public Works received a request to grant temporary access to Advanced Technology Construction Corporation, who is performing culvert improvement work to the United States Navy railroad. The access is located on the North Bay Water Reclamation facility property. Survey work will begin as soon as possible,and construction mobilization is expected to begin early this summer and conclude by December 2024. Budget Impact(amount,funding source,budget amendment): Temporary license is$270. Public Outreach (news release,community meeting, etc.): N/A Requested Action: Approval for the County Administrator to execute a temporary license agreement with Advanced Technology Construction Corporation. Attachments Temporary Access License US Navy RR Crossing Access Map REVOCABLE LICENSE TO ACCESS PROPERTY This agreement made on the day of 520 ,hereinafter called"the effective date,"by and between MASON COUNTY,a municipal corporation of the State of Washington,hereinafter called"Licensor",and Advanced Technology Construction Corporation,a Washington corporation,hereinafter called"Licensee." The parties agree as follows: 1. GRANT OF LICENSE. In consideration of Licensee's promises herein,Licensor hereby grants a license and permission,revocable and terminable as hereinafter provided,to enter onto Licensor's land,hereinafter call"the premises,"described below for the purpose of temporary access through said premises for surveying,construction mobilization,de-mobilization,hauling equipment such as a crane, drill and materials for the replacement of failing culverts on the State of Washington Department of Natural Resources parcel to the South of said premises,all on the terms and conditions herein set forth. 2. DESCRIPTION OF THE PREMISES. The premises subject to this license are described as follows: That portion of the South half of the Southwest quarter,according to U.S.Government subdivision procedures,of Section 19,Township 22 North,Range 1 West,Willamette Meridian,Mason County,Washington,lying Northwesterly of the center of Sherwood Creek,said creek running Southwesterly from the vicinity of the Northwest corner of the Southeast quarter of the Southwest quarter of said Section 19,to a point on the South line of said Section 19,said point lying approximately 1100 feet Easterly from the Southwest corner of said Section 19,as scaled from the U.S.G.S.Belfair Quadrangle map,dated 1953,photo revised 1968. Said parcel also known as Parcel 1 of the Boundary Line Adjustment#00-27 recorded June 20,2000,under Auditor's File# 1713262. Parcel# 12219-33-00000 3. MONETARY CONSIDERATION. This permission is given to Licensee in exchange for the payment of$270.00 on a one-time basis. Licensee hereby acknowledges that the Licensor has title to the premises and agrees never to assail,resist,or deny such title. 4. TERM. This License shall commence upon the effective date and shall continue until December 31,2024,hereinafter called the"term". Notwithstanding the forgoing,Licensor may terminate this License at any time as provided in paragraph 16. 5. PERMISSION NOT EXCLUSIVE. This permission is not exclusive to Licensee and Licensee shall have the privilege hereunder only of occupying such portion of the premises as the duly appointed representative of Licensor shall from time to time designate. 6. CONDITION OF TITLE. This License is subject to all existing covenants,conditions, reservations, contracts,leases, licenses, easements, encumbrances,restrictions, and rights of way with respect to the premises,whether or not of record. 7. NO INTERFERENCE. Licensee shall not interfere with the normal operation and activities of Licensor, and Licensee shall conduct its activities on the premises to minimize damage to the premises and inconvenience to Licensor,its agents, employees,and invitees. 8. NUISANCES PROHIBITED. Licensee shall not perform or permit any of Licensee's guests,invitees,or licensees to perform any disorderly conduct or commit any nuisance on the premises or License to Access Property Pagel of 3 to use the premises in any way so as to interfere with the exercise by other licensees or permitees of privileges which Licensor may give them in the premises. 9. IMPROVEMENTS. Licensee shall not erect any permanent or temporary structures or improvements on the premises. 10. BREACH AND CURE. In the event that Licensee breaches any of its obligations under this License,Licensor shall send Licensee written notice specifying the nature of such breach. Licensee shall have ten(10)days from the receipt of such notice within which to cure such breach. If more time is reasonably required for Licensee's performance,then Licensee shall notify Licensor in writing of its proposed schedule for performance and commence performance within such ten(10) day period;thereafter,Licensee shall diligently proceed to completion. If Licensee fails to cure or to commence cure within such ten(10)day period,then Licensor shall have the right to terminate this License immediately by serving Licensee with written notice of termination. Licensor shall have all rights and remedies available under Washington law including,but not limited to, actions for damages and specific performance, for any breach of Licensee's obligations hereunder. 11. REPAIR AND RESTORATION. If Licensee, its agents, or contractors cause any damage to the premises, or to Licensor's roads,infrastructure or other property and improvements in connection with the exercise of this License,Licensee shall repair and restore the premises and property to their original condition prior to Licensee's use of the premises pursuant to this License. Licensee shall perform the repair and restoration required hereunder prior to the expiration of this License, or within ten(10)days of the earlier termination of Licensee's rights hereunder. In the event that repair and restoration is performed following the termination of this License,the Licensee's Indemnity and Insurance obligations shall continue until repair and restoration is completed as provided herein. 12. INDEMNIFICATION. Licensee shall indemnify, defend, and hold harmless Licensor, its officers, agents and employees, from and against any claims, damages,costs, expenses, or liabilities arising out of or in any way connected with this License including,without limitation, claims for loss or damage to any property, or for death or injury to any person or persons but only in proportion to and to the extent that such claims arise from the negligent or intentional acts or omissions of Licensee, its officers, agents,partners, invitees or employees. Licensor shall not be liable to Licensee if, for any reason whatsoever,Licensee's occupation or use of the premises shall be hindered or disturbed. 13. INSURANCE.Licensee shall maintain policies of insurance in such amounts as may from time to time be reasonably required by Licensor against insurable hazards which may occur as a result of Licensee's use of the premises. If,by reason of Licensee's use of the premises,Licensor's premiums for policies of insurance with respect to the premises are increased,Licensee shall,upon request,reimburse the Licensor for the increase in insurance premiums. This reimbursement shall be in addition to the monetary consideration specified in paragraph 3. 14. PRIVILEGE NOT ASSIGNABLE. Licensee's privileges hereunder shall not be assignable by Licensee in whole or in part. 15. NO ESTATE OR RIGHT TO POSSESSION. Licensee acknowledges and agrees that this Agreement constitutes a revocable license and does not create a leasehold or any other estate or interest in the property. Licensee agrees not to claim at any time any interest or estate of any kind or extent whatsoever in the premises by virtue of this License or the use of the premises. License to Access Property Page 2 of 3 16. TERMINATION. Licensor reserves the right to terminate the permission hereby given at any time by giving Licensee at least thirty(30)days written notice of such termination,except that Licensor may,at its election,terminate the permission forthwith at any time if Licensee shall fail to comply with or abide by each and all of the provisions hereof or keep all and singular Licensee's promises herein. Waiver by Licensor of any breach of any term or provision hereof shall not be deemed a waiver of any subsequent breach of the same or any other term or provision hereof. At the expiration of the term,or earlier termination of this License,Licensee shall immediately cease use of the premises. 17. REMOVAL OF PROPERTY. On revocation,surrender or other termination of the permission hereby given,Licensee shall quietly and peacefully surrender the portion of the premises occupied by Licensee in as good condition as same was at the time of Licensee's entry thereon. If Licensee shall fail to do so,licensor shall have the right to make such removal at Licensee's expense,the amount of which expense Licensee shall pay to licensor on demand,and if licensor shall so elect,it shall have the right to take possession of and appropriate to itself,without payment therefor,any property of Licensee,or anyone claiming under it,then remaining on the premises. 18. NOTICE. Any notice to Licensee hereunder shall be sufficient if served on Licensee personally or posted on the premises,and if so,posted shall be deemed served on the date of posting,or mailed to Licensee at its last known address,and if so,mailed in the State of Washington shall be deemed served on the business day next following the date of mailing. 19. ENTIRE AGREEMENT. The making,execution,and delivery of this agreement by Licensee has been induced by no representations,statements,warranties,or agreements other than those herein expressed.This Agreement embodies the entire understanding of the parties and there are no further or other agreements or understandings,written or oral,in effect between the parties,relating to the subject matter hereof. This instrument may be amended or modified only by an instrument of equal formality signed by the parties. 20. ATTORNEY FEES. Licensee agrees that,should it institute litigation against licensor whereby it claims an estate or any other possessory rights in the premises,and it fails to prevail in the litigation,then Licensee will reimburse Licensor for the actual costs of the litigation including reasonable attorney fees. LICENSOR LICENSEE Mason County Advanced Technology Construction Corp. By: By: (Signature) (Signature) (Print name) (Print name) (Title) (Title) APPROVE AS TO FORM: Tim Whitehead,Ch.DPA License to Access Property Page 3 of 3 StateAvg AW Tool Uplands Viewing _ I ? • address flitu/ c �,"•L-' • - L=.•, lit .... r 11 st►�. ,.'.y'■ ,��uri: t Y 'r MU +� �: � � ' A {�.�• '�' �r Jr / ..11• I I t/ .I 1 1., �1{•ar_N�i fl�� / ',✓,r!• '�y �.'Y'1.- � ''1>iy�l�_�l�rta��'.•�ijtfil i� f ,. j1' r/- ,�• T r4i 11 ti•� ,11 '� r r'1 1 I , ,� �I. r� _ i�n`r Y_,t, AV .I'.. • �! • ��I � � `�j� •r�d��� - �._ _ _ _ !! ��i'< TT • 1 ,4 ur` '1� J•�'.'Y'h .4 .s CXh AL IN O r* :t♦t sY.r 1, '(. ••..�� �. - .tip 1 ti� �~•�;tf• �4�• 'Ai ..�,•�•�� ��f ��;•.•,�+`l•;•e' 1 r, - •!c^ �� �r�! 'R'• - - �:I 1 .«•}5�,;yy.•r f y 1 �•,i! 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To: Board of Mason County Commissioners From: Richard Dickinson Ext.450 Department: Utilities&Waste Management Briefing: ❑X Action Agenda: ❑X Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): February 5,2024 Agenda Date: February 13,2024 Internal Review: ❑ Finance ❑ Human Resources ❑X Legal ❑ Information Technology ❑ Risk (This is the responsibility of the requesting Department) Below for Clerk of the Board's Use Only: Item Number: 8.9 Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken Ordinance/Resolution No. Contract No. County Code: Item• Interlocal Agreement with Cowlitz County for Acceptable Solid Waste Disposal Background/Executive Summary: This Interlocal Agreement between Mason County and Cowlitz County allows Mason County to use Cowlitz County's Headquarters Landfill as a disposal site for all acceptable solid waste generated in Mason County. The agreement expires after ten(10)years with three(3)additional five-year periods with 180 days written notice of intention to renew. Transport will be handled by the County's Long-Haul contractor. Alternate disposal sites have been identified in the long-haul agreement in the event that the Cowlitz County Landfill cannot be used due to unforeseen circumstances. Budget Impact(amount, funding source,budget amendment): Cowlitz County's disposal fee is $32.35 per ton until July 1,2024. Thereafter,the fee will be automatically adjusted by 80%of the December-to-December Consumer Price Index for All Urban Consumers.The adopted 2024 budget includes adequate funding. Public Outreach (news release,community meeting, etc.): N/A Requested Action: Approval to execute an interlocal agreement with Cowlitz County allowing Mason County to use Cowlitz County's Landfill as a disposal site for all acceptable solid waste generated in Mason County. Attachments Interlocal Agreement INTERLOCAL AGREEMENT BETWEEN COWLITZ COUNTY AND MASON COUNTY FOR DISPOSAL OF CERTAIN SOLID WASTES This Interlocal Agreement between Cowlitz County and Mason County for Disposal of Certain Solid Wastes ("Interlocal Agreement") is made and entered by and between Cowlitz County and Mason County,both political subdivisions of the State of Washington. Cowlitz County and Mason County may be referred to herein collectively as the "Parties" and individually as a"Party." The Parties agree as follows. A. RECITALS WHEREAS, Cowlitz County has planned for and desires to receive solid wastes from customers and jurisdictions outside of Cowlitz County for disposal of certain solid wastes at the Landfill; and, WHEREAS, Mason County has planned for and desires to dispose of solid wastes generated in Mason County at a landfill outside of Mason County; and, WHEREAS, Cowlitz County and Mason County are authorized and empowered to enter this Interlocal Agreement to perform solid waste services pursuant to RCW 39.34.080. B. TERMS AND CONDITIONS 1. Definitions. For purposes of this Interlocal Agreement, the following definitions shall apply. 1.1. "Acceptable Waste" means those Certain Solid Wastes as defined herein which are not Excluded Wastes and that conform to Cowlitz County's waste acceptance criteria for disposal at the Landfill, as determined by applicable regulations, Cowlitz County policies, and permit conditions associated with Cowlitz County's Landfill. 1.2. "Certain Solid Wastes" means any Solid Waste generated within Mason County which requires landfill disposal, and for which Mason County has responsibility and flow control authority, whether generated or collected by a private or public entity, including by Mason County itself, a Mason County contractor, a city within Mason County, a city contractor, or a private hauler operating within Mason County under the authority of a "G" certificate granted by the Washington State Utilities and Transportation Commission and provisions of Chapter 81.77 RCW. 1.3. "Comprehensive Solid Waste Management Plan" means Cowlitz County Comprehensive Solid Waste Management Plan adopted and periodically reviewed, amended, or updated by Cowlitz County pursuant to Chapter 70.95 RCW. 1 - COWLITZ COUNTY AND MASON COUNTY SOLID WASTE AGREEMENT 1.4. "Effective Date" means that date upon which this Agreement is fully executed by Cowlitz County and Mason County, and upon compliance with RCW 39.34.040. 1.5. "Excluded Wastes"means waste that: (a) is prohibited from acceptance at the Landfill by state, federal or local law,regulation,rule, code, ordinance, order, or permit condition, or by directive of any governmental agency with jurisdiction to prohibit such acceptance; (b) is or contains Hazardous Waste (as defined below), provided that any such Hazardous Waste the acceptance of which at the Landfill is permitted by applicable law or permit, or an exemption, exclusion, or variance thereto issued by a governmental entity with jurisdiction,shall not be an"Excluded Waste"; (c) Cowlitz County, in compliance with the designation methodology and process set forth in Appendix A to this Agreement and incorporated herein by reference, designates as Excluded Waste in a writing signed by a solid waste manager and issued to Mason County in compliance with the Notice provision of this Interlocal Agreement; (d) Cowlitz County reasonably believes would, as a result of or upon disposal, be a violation of local, state or federal law, regulation or ordinance, including land use restrictions or conditions applicable to the Landfill; (e) Cowlitz County reasonably believes would present a significant risk to human health or the environment,cause a nuisance,or otherwise create or expose Cowlitz County to significant liability; (f) is debris from construction or demolition activities which contains gypsum except as incidental amounts, where incidental amounts are intended to be no greater than 10% of the debris; (g) is any other solid waste Cowlitz County reasonably believes contains sulfur compounds in sufficient concentration to cause one or more of the outcomes contemplated in clause (d) of this section, in Cowlitz County's sole determination; or (h) is a solid waste which contains free liquids as determined by the Paint Filter Liquids Test, Method 9095, in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846. 1.6. "Hazardous Waste" means those solid wastes designated by 40 CFR Part 261,and regulated as hazardous and/or mixed waste by the United States EPA or designated a dangerous or extremely hazardous waste as defined by Washington State regulations adopted pursuant to Chapter 70A.105 RCW or as amended. 1.7. "Interlocal Agreement" means this Interlocal Agreement for Disposal of Certain Solid Wastes, including as amended from time to time. 2- COWLITZ COUNTY AND MASON COUNTY SOLID WASTE AGREEMENT 1.8. "Landfill" means Cowlitz County Headquarters Landfill for Solid Waste Disposal. 1.9. "Parties" means Cowlitz County and Mason County, and their respective successors and assigns. 1.10. "Solid Waste" means "solid waste" as that term is defined by RCW 70A.205.015(24) and regulations promulgated thereunder. 1.11. "Transfer Station"means the facility or facilities in Mason County that receive(s) and consolidate(s) municipal solid waste and other solid wastes in preparation for transport for disposal at a landfill outside of Mason County. 1.12. "Uncontrollable Circumstance"means: (a) Any act or event that has had or may reasonably be expected to have a material adverse effect on the rights or obligations of a Party to this Agreement, if that act or event is beyond the reasonable control of the Party relying thereon as justification for not performing an obligation or complying with any condition required of that Party under this Agreement, those acts or events shall include, but are not limited to, the following: i. An act of God (except normal weather conditions for the geographic area of the Landfill or Transfer Station as applicable), hurricanes, tornadoes, epidemic, landslide, lightning, earthquake, volcanic eruption, nuclear radiation, fire or explosion, flood or similar occurrence, an act of public enemy, war, blockade, insurrection, riot, general arrest, or restraint of government and people, civil disturbance or similar occurrence, that directly affects the operation of the Landfill or Transfer Station; ii. The failure of any appropriate federal, state or local agency or public or private utility having operation jurisdiction over, or responsibility to serve the Landfill or Transfer Station, to provide, maintain and assure maintenance of any necessary utility which failure is not caused by Cowlitz County's or Mason County's failure to pay for those utilities or failure to comply with applicable law; or iii. Any strike or work stoppage. 2. Mason County Designation of Cowlitz County Landfill for Solid Waste Disposal. By execution of this Agreement, Mason County designates the Landfill for the disposal of Acceptable Waste (as hereinabove defined) generated within the geographic limits of Mason County,pursuant to Mason County Code or solid waste policy. This designation shall also apply to solid waste generated through Mason County's recycling collection and sorting operations, when a solid waste residual 3- COWLITZ COUNTY AND MASON COUNTY SOLID WASTE AGREEMENT requiring disposal results from such operations. This designation of Cowlitz County's Landfill shall continue in full force and effect for the term of this Agreement. The designation of the Landfill in this section shall not reduce or otherwise affect Mason County's control over solid waste collection as permitted by applicable state law. 3. Mason County's Obligation as to Acceptable Waste. By execution of this Interlocal Agreement, Mason County agrees that it is fully informed as to what currently constitutes Acceptable Waste, and that it shall exercise best efforts to assure to Cowlitz County on an ongoing basis that only Acceptable Waste is tendered to Cowlitz County for disposal, which at a minimum will include: (a) implementing a system to prescreen all incoming loads of construction and demolition debris, to ensure that each load contains less than an incidental quantity of drywall; (b) establishing and maintaining a program of operating and monitoring procedures to prevent the transportation or delivery of Excluded Waste to the Landfill; and (c) advising its drivers and its Transfer Station operators of Cowlitz County's prohibition on delivery of Excluded Waste. Cowlitz County may also inspect waste delivered under this Agreement in accordance with its permit and operation plan, and reserves the right to reject any load(s) of waste that it determines in its sole discretion is not Acceptable Waste. Such rejected waste shall be returned to Mason County or otherwise properly disposed at the expense of Mason County. In the event Cowlitz County rejects or revokes acceptance of waste hereunder, Mason County shall, at its sole cost, promptly remove or arrange to have the rejected waste removed. If the rejected waste is not removed within ten (10) days from receipt of notice, Cowlitz County shall have the right and authority to handle and dispose of the rejected or Excluded Waste, and Mason County shall pay and/or reimburse Cowlitz County for any and all costs, damages and/or fines incurred as a result of or relating to Mason County's tender or delivery of Excluded Waste or other failure to comply or conform to this Agreement, including, without limitation, costs of inspection, testing, analysis, handling and disposal of Excluded Waste. Mason County will not knowingly deliver solid waste to the Landfill from Mason County's Transfer Stations or otherwise through Mason County or its haulers, contractors or subcontractors that fails to conform to the definition of Acceptable Waste set forth in Section 1 of this Agreement or that contains Excluded Waste, except by prior consent or arrangement with Cowlitz County. 4. Responsibility for Solid Waste Disposal. For the term of this Agreement, Cowlitz County shall be solely responsible for the ownership upon delivery and disposal of all Acceptable Waste generated within Mason County and delivered to the Landfill by or on behalf of Mason County. Cowlitz County shall operate the Landfill and associated facilities in a form and manner sufficient to perform the services under this Agreement. Cowlitz County at its sole expense shall keep all such facilities in 4- COWLITZ COUNTY AND MASON COUNTY SOLID WASTE AGREEMENT good working order and repair. Cowlitz County's responsibilities under this Agreement include,but are not limited to (a) Acceptance of, storage of,handling of, and conditionally providing a vendor for unloading and disposal of Acceptable Waste delivered to the Landfill; (b) Ownership of Mason County's Acceptable Waste and any liabilities associated with current and future regulatory compliance; (c) Obtaining any permit, license, certificate or governmental approval required for the Landfill and the disposal of Solid Waste furnished under this Agreement; (d) Compliance with applicable law in performing under this Agreement. 5. No Minimum Quantity. Mason County shall not be obligated, directly or indirectly, for the disposal of any specified or minimum quantity of Acceptable Waste for disposal at the Landfill. 6. Delivery of Acceptable Waste. Mason County shall cause the Acceptable Waste covered by this Interlocal Agreement to be delivered from the Transfer Stations within Mason County to the Landfill for disposal by Cowlitz County in suitable transfer trailers. Suitable transfer trailers are trailers capable of fully containing the solid waste contents, of conveying a minimum of 28 tons payload per trip, and of being emptied by the tipper at the Landfill. Generally, waste collections within Mason County being delivered to the Landfill shall average 25 tons per load. Loads delivered shall take Exit 46 from I-5 and utilize Headquarters Road as the designated route to the Landfill. In the event that Cowlitz County closes this route or it becomes impassable or the Landfill becomes unavailable for any reason, Cowlitz County shall designate an alternative, adequate route to the Landfill if such adequate route is found to be available. 7. Pricing, Escalation, Payment, Records and Reports. Subject to the provisions of this Section 7, Mason County shall pay Cowlitz County a disposal (tipping) fee for each ton of Acceptable Waste tendered to and accepted by Cowlitz County at the Landfill. Mason County shall weigh each trailer load of waste at the Landfill. Cowlitz County price for each ton of Acceptable Waste shall be as follows: 7.1. Disposal Fee. Cowlitz County will accept for disposal Acceptable Wastes at a price of Thirty-Two dollars and Thirty Five cents ($32.35) per ton(the"Disposal Fee"). Mason County will be responsible for all applicable refuse collection taxes, unless it presents an exemption certificate to Cowlitz County to evidence previous payment. 7.2. Annual Rate Adjustment. Cowlitz County agrees to charge the initial Disposal Fee of Thirty-Two dollars and Thirty-Five cents ($32.35)per ton for period between signing to July 1, 2024. On July 1, 2024, and annually thereafter during the term of this Agreement, the sum of the then-current Disposal Fee and (the "Fees") shall be automatically 5- COWLITZ COUNTY AND MASON COUNTY SOLID WASTE AGREEMENT adjusted by 80% of the December to December percent change in the Consumer Price Index for All Urban Consumers,All Items, West Size B/C 96=100 ("CPI"), as published by the United States Department of Labor,Bureau of Labor Statistics("BLS"), Series ID CUURN400SA0. The rate adjustments shall be determined by: (1) calculating the difference between the CPI December Value for the previous year and the CPI December Value for the current year; and (2) dividing that difference by the CPI December Value for the previous year to determine the percentage change. 7.3. In consideration of the services provided hereunder, Mason County agrees to pay Cowlitz County on a monthly basis. Cowlitz County will issue an invoice by the 15th of each month that includes a record of each transaction that occurred in the previous month together with any taxes due and adjustments. Mason County will pay invoices such that payment is received by Cowlitz County no later than the 15th of the month following the issuance of the invoice, or the preceding workday should the 15th fall on a weekend or holiday. For example, May transactions will be invoiced no later than June 15th with payment receipt due on or before July 15th or the preceding workday. Mason County shall pay an administrative late fee on all past due amounts at a rate of one percent (1%) of the amount past due with a minimum charge of$10.00 per month. 7.4. Records. In accordance with State Public Records Act and archiving schedules, Cowlitz County and Mason County shall keep accurate records of all transactions connected with this Agreement including, but not limited to, all correspondence and invoices, weigh tickets or receipts. Reports. Cowlitz County shall provide a report for the preceding month including: (a) the tonnage accepted by Cowlitz County from Mason County; (b) summary invoice listing by transaction of waste delivered for the month; and (c) documentation regarding Excluded Waste, if any. 7.6. Nothing in this Section prohibits nor shall it be construed to prohibit the adjustment of the Disposal Fee at any time by mutual consent of the Parties to reflect changes in load weights, equipment, routes or for any other reason mutually agreed upon. Cowlitz County shall be entitled to increase the Disposal Fee as necessary to offset Cowlitz County's actual increased costs due to any new tax or fees imposed by local, state or federal regulation. 6- COWLITZ COUNTY AND MASON COUNTY SOLID WASTE AGREEMENT 8. Comprehensive Plans. For the duration of this Interlocal Agreement, Mason County shall adhere to Mason County's Comprehensive Solid Waste Management Plan prepared and periodically reviewed and revised by it pursuant to Chapter 70.95 RCW, and Cowlitz County shall adhere to its own Comprehensive Solid Waste Management Plans prepared and periodically reviewed and revised by it pursuant to Chapter 70.95 RCW. For the duration of this Interlocal Agreement, Mason County authorizes Cowlitz County to include in its Comprehensive Solid Waste Management Plan provisions for the disposal at the Landfill of all Acceptable Waste provided by Mason County and generated within Mason County, and Mason County shall include provisions in its own Comprehensive Solid Waste Management Plan to provide for Mason County's disposal of Acceptable Wastes at the Landfill. Waste generated within Mason County which is not Acceptable Waste shall remain the responsibility of Mason County,unless other arrangements are agreed to by Cowlitz County. 9. Waste Reduction and Recycling.ling. Cowlitz County and Mason County agree to cooperate in any appropriate manner mutually agreeable to the parties, to achieve the priorities for waste reduction and waste recycling set forth in their respective Comprehensive Solid Waste Management Plans. 10. Indemnification. 10.1. Subject only to the limitations expressly set forth in this Section, Cowlitz County covenants and agrees that, to the maximum extent permitted by applicable law, it will indemnify Mason County against and hold Mason County harmless from any and all liabilities, actions, damages, claims, demands, judgments, losses, costs, expenses, suits and actions, including but not limited to attorneys' fees and expenses at trial and on appeal, relating to or resulting from: (a) any injury to or death of any person or persons, or loss of or damage to property caused or alleged to be caused by Cowlitz County or any of its officials, officers, agents, employees, subcontractors (or any officer, agent or employee of any subcontractor),or any person under the control of or alleged to be under the control of or acting at the direction of Cowlitz County or any subcontractor, arising in connection with or as a result of: i. this Agreement; ii. the performance by Cowlitz County of its obligations under this Agreement; iii. the use or operation of the Landfill by Cowlitz County; or iv. the condition of the Landfill under the management or control of Cowlitz County between the execution of this Agreement and the termination of this Agreement; (b) any actual or allegation of infringement, violation or conversion of any patent, license, proprietary right, trade secret or other similar interest, in connection with the operation of the Landfill by Cowlitz 7- COWLITZ COUNTY AND MASON COUNTY SOLID WASTE AGREEMENT County or the design, technology, processes, machinery or equipment used at or in association with the Landfill by Cowlitz County. 10.2. Subject only to the limitations expressly set forth in this Section, Mason County covenants and agrees that, to the maximum extent permitted by applicable law, it will indemnify Cowlitz County against and hold Cowlitz County harmless from any and all liabilities, actions, damages, claims, demands, judgments, losses, costs, expenses, suits and actions, including but not limited to attorneys' fees and expenses at trial and on appeal, relating to or resulting from: (a) any injury to or death of any person or persons, or loss of or damage to property caused or alleged to be caused by Mason County or any of its officials, officers, agents, employees, subcontractors (or any officer, agent or employee of any subcontractor),or any person under the control of or alleged to be under the control of or acting at the direction of Mason County or any subcontractor, arising in connection with or as a result o£ i. this Agreement; ii. the performance by Mason County of its obligations under this Agreement; or iii. the use of the Landfill beginning with the execution of this Agreement. 10.3. No Party hereto shall be required to indemnify the other or hold the other harmless pursuant to the provisions of this Section with respect to any loss, damage or claim due to the negligence of the other Party. 10.4. It is the intention of the Parties that each Party bear responsibility with respect to any claims of third parties to which Chapter 4.22 RCW is applicable to the extent of its own fault(as that term is defined in RCW 4.22.015). Each Party shall have the right of contribution against the other Party for any sums paid by it for which it has the right to look to such other Party. 10.5. The foregoing indemnification and hold harmless provisions are for the sole and exclusive benefit and protection of Mason County and Cowlitz County, and their respective officials, officers, agents, and employees, and are not intended, nor shall they be construed, to confer any rights on or liabilities to any person or persons other than Mason County and Cowlitz County and their respective officials, officers, agents and employees. 10.6. If a court of competent jurisdiction determines that this Agreement is subject to RCW 4.24.115,then Cowlitz County's liability to indemnify Mason County for liability for damages arising out of bodily injury to 8- COWLITZ COUNTY AND MASON COUNTY SOLID WASTE AGREEMENT persons or damage to property caused by or resulting from concurrent negligence of Cowlitz County and Mason County shall be limited to Cowlitz County's negligence. 10.7. It is further specifically and expressly understood that the indemnification provided in this Section constitutes Cowlitz County's waiver of immunity under industrial insurance and Title 51 RCW solely for the purposes of this indemnification and not with respect to a claim by any third party. This waiver has been mutually negotiated by the Parties. 10.8. It is further specifically and expressly understood that the indemnification provided in this Section constitutes Mason County's waiver of immunity under industrial insurance and Title 51 RCW solely for the purposes of this indemnification and not with respect to a claim by any third party. This waiver has been mutually negotiated by the Parties. 10.9. Cowlitz County shall pay all royalties fees and license payments, shall defend all suits or claims for patent infringements that may occur in the performance of this Agreement and shall hold Mason County harmless from any loss on account thereof. 10.10. Except as otherwise expressly stated herein, the Parties do not under this Section waive or surrender indemnity available under any federal, state, regional or local law. This Section shall survive termination or expiration of the Agreement. 11. Insurance. Each party shall maintain its own insurance and/or self-insurance for its liabilities from damage to property and /or injuries to persons arising out of its activities associated with this Agreement as it deems reasonably appropriate and prudent. The maintenance of, or lack thereof of insurance and/or self-insurance shall not limit the liability of the indemnifying party to the indemnified party(s). Each party shall provide the other with a certificate of insurance or letter of self- insurance as the case may be upon request. 11.1 Cowlitz County and Mason County are both political subdivisions of the State of Washington and are self-insured by and through the Washington Counties Risk Pool (WCRP). 12. Term. This Interlocal Agreement shall continue to be in full force and effect unless amended, supplemented, or terminated as provided in herein. Either Party may terminate at any time. In the event of termination, the terminating Party shall give the other Party 365 days written notice of its intention to terminate. 9- COWLITZ COUNTY AND MASON COUNTY SOLID WASTE AGREEMENT 13. Uncontrollable Circumstances. 13.1. Uncontrollable Circumstances Limited. No Party shall be considered in default in the performance of its obligations under this Agreement (not including the obligation to make payments)to the extent that such performance is prevented or impaired by the occurrence of an Uncontrollable Circumstance. 13.2. Notification. As soon as possible after the occurrence of an Uncontrollable Circumstance, following the time the knowledgeable Party becomes aware of the Uncontrollable Circumstance, such Party shall notify the others of the event. The obligations under this Agreement of the affected Party shall be suspended, other than for payment of monies due, but only with respect to the particular component of obligations affected by the event and only for the period during which the event of Uncontrollable Circumstance exists; given a reasonable time during which to assess the impacts caused by an event of Uncontrollable Circumstance. Cowlitz County will have sole discretion to determine whether it will make repairs and resume all or part of the operations or whether it will terminate all operations at the Landfill. 14. Amendment or Supplementation. This Interlocal Agreement shall be reviewed by the Parties in ten (10) years or in conjunction with the respective Party's Comprehensive Solid Waste Management Plan update process, whichever occurs first. Mason County may renew the Contract by mutual agreement of both parties for three additional five-year periods under the same provisions and for the same Disposal Fee calculated in accordance with Article 7 of this Agreement. Mason County shall give Cowlitz County 180 days written notice of its intention to renew the contract. In addition, the Agreement may be amended or supplemented upon the agreement of all the Parties with the same formalities as the original Agreement. Any mutual amendments or supplements shall be in writing and shall be signed by the authorized officers of the respective Parties at least thirty (30) calendar days in advance of the effective date of such action. 15. Independent Contractor. Each Party shall perform all respective work under this Agreement as an independent contractor. No Party is or shall be considered an employee, agent, subagent or servant of the other Party for purposes of this Agreement or otherwise; one Party's subcontractors, employees or agents are not and shall not be considered or deemed employees, agents, subagents or servants of the other Party for this Agreement or otherwise. 16. No Partnership or Joint Venture. Each Party shall have the exclusive right to control the solid waste and disposal services which it is respectively obligated for performance under this Agreement and the persons responsible for those wastes and performing those services. Each Party shall be solely responsible for the acts 10- COWLITZ COUNTY AND MASON COUNTY SOLID WASTE AGREEMENT and omissions of its officers, agents, employees, contractors and subcontractors. Nothing in this Agreement shall be construed as creating a partnership,j oint venture or similar undertaking between the Parties or giving on Party the duty to supervise or control the acts or omissions of any person responsible for solid wastes or performing disposal services under this Agreement for the other Party. 17. Party Representatives. Cowlitz County and Mason County shall each designate an agent to serve as a competent representative for the term of this Agreement. The Parties, respectively, shall keep each other informed of the identity of their respective representative and shall provide each other with a telephone number and other means which that representative may be reached twenty-four hours every day. 18. Representations and Warranties of the Parties. Each Party makes the following representations and warranties to and for the benefit of the other Parties: 18.1. Each Party has the full legal right, power and authority to execute and deliver,and perform its obligations under this Agreement,and has duly authorized the execution and delivery of this Agreement by proper action of its governing body under RCW 39.34. 18.2. Cowlitz County holds, or is expressly licensed to use, all permits, licenses and approvals necessary to operate and maintain the Landfill pursuant to and in accordance with the terms of this Agreement. Mason County holds, or is expressly licensed to use, all permits, licenses and approvals necessary to access and use the Landfill pursuant to and in accordance with the terms of this Agreement. 18.3. Neither the execution nor the delivery by any Party of this Agreement, nor the performance by any Party of its obligations hereunder nor the fulfillment by that Party of the terms and conditions hereof: (a) Conflicts with, violates or results in a breach of any applicable law; (b) Conflicts with,violates or results in a breach of any term or condition of any judgment, order or decree of any court, administrative agency or other governmental authority, or to the best of that Party's knowledge, any other agreement or instrument to which it is a party or by which that Party or any of its properties or assets are bound, or constitutes a default thereunder. 18.4. Violation of any warranty or representation in this Section shall constitute a material default under this Agreement. 19. Default. 19.1. Any Parry shall have the right to terminate this Interlocal Agreement for default if the another Party: (i) breaches any of its representations and warranties set forth herein, (ii) fails to comply with any federal, 11 - COWLITZ COUNTY AND MASON COUNTY SOLID WASTE AGREEMENT state or local laws, rules, orders or ordinances, or regulations that pertain to the collection, handling, storage, transportation, processing and/or disposal of the Acceptable Waste, or (iii) fails to substantially perform any material obligation under this Interlocal Agreement. 19.2. Notwithstanding anything in this Section to the contrary, a delay or interruption in the performance of all or any part of this Agreement by any Parry resulting from an Uncontrollable Circumstance shall not be deemed a default under this Section. 19.3. Notice and Cure. If a Parry incurs a default as described in this Agreement, another Party may give written notice of the violation to the defaulting Party. The defaulting Party must correct the violation or show cause why it should be entitled to reasonable additional time to cure the default, within thirty-five (35) calendar days of the posting of the written notice in the United States mail. If the defaulting Party fails to take required actions, then the non-defaulting Parry may, at its sole discretion, immediately terminate this Agreement by written notice to the defaulting Party provided by United States Postal Service (USPS), hand delivery or FAX. The terminating Party shall retain the right to pursue any cause of action or assert any claim or remedy it may have against the defaulting Party despite its termination of the Agreement. 20. Dispute Resolution. 20.1. The Parties shall first attempt to resolve any and all disputes to the mutual satisfaction of both Parties by good faith negotiation. 20.2. Whenever a Party desires to initiate dispute resolution processes set forth in this Section, it shall do so by giving a dispute resolution notice to the other Party. Upon delivery of any dispute notice, the representative of the recipient thereof shall deliver to the Parry giving that dispute notice a signed and dated receipt therefor, which receipt shall serve as conclusive evidence of the date upon which such dispute notice was delivered. Within ten (10) working days after the delivery of a dispute notice,the Parties shall meet for the purpose of negotiating a resolution of the dispute. 20.3. Subject to the conditions and limitations of this Section, controversies or claims arising out of or relating to disputes unresolved by Dispute Resolution under this Agreement or any other unresolved disputes shall be decided exclusively by the Superior Court of the State of Washington in Cowlitz County, Washington, unless otherwise agreed by the Parties. (a) Only Cowlitz County or Mason County shall have standing to bring or become a Party to claims or legal actions under this Agreement. 12- COWLITZ COUNTY AND MASON COUNTY SOLID WASTE AGREEMENT 21. Assigningnt. No Party shall assign any rights or obligations under or arising from this Agreement without the prior written consent of all Parties. 22. Miscellaneous. 22.1. Waiver of Provisions.No waiver by any party of any term or condition of this Interlocal Agreement shall be deemed or construed to constitute a waiver of any other term or condition or at any subsequent breach whether of the same or of a different provision of this Interlocal Agreement. 22.2. Public Interest. This Interlocal Agreement is entered into to protect the public health, safety and welfare of the residents of Cowlitz County and Mason County, and to promote the effective and efficient solid waste management provided in both counties. 22.3. Applicable Law. This Agreement is made in and shall be construed under the laws of the State of Washington. 22.4. Entire Agreement. This Agreement constitutes the entire and complete agreement and final expression of the Parties with respect to the subject matter it contains, and supersedes all prior or contemporaneous agreements, understandings, arrangements, commitments and representations,whether oral or written. 22.5. Severability. If any Agreement provision is for any reason determined by a court of competent jurisdiction to be invalid, illegal or unenforceable under any applicable law, the remaining provisions of the Agreement shall remain in effect and bind the Parties;however,the Parties shall negotiate in good faith to amend the Agreement to effectuate the intent of any invalid,illegal or unenforceable provisions, if permissible under applicable law. 22.6. Time of the Essence. Time is of the essence to this Agreement. 22.7. Access. Mason County, through its employees, agents and subcontractors, shall have a limited license to enter the Landfill property for the sole purpose of off-loading Acceptable Waste at an area designated, and in the manner directed, by Cowlitz County. Mason County shall ensure that its employees, agents and subcontractors, comply with all rules and regulations of the Landfill, including those relating to the use and operation of the Disposal Site and conduct of persons on the premises of the Disposal Site, as the same may be amended by Cowlitz County from time to time, and shall indemnify and hold Cowlitz County harmless for actions caused by 13- COWLITZ COUNTY AND MASON COUNTY SOLID WASTE AGREEMENT exercise of its license rights granted herein. Mason County shall have a reasonable right of access to the Landfill to inspect the facilities during normal business hours and upon reasonable notice to Cowlitz County, and accompanied by a representative of Cowlitz County. Each Party also shall have the right to inspect any and all public records of the other Party related to this Agreement upon request for such and reasonable notice. 22.8. Personal Liability. This Agreement is not intended to create or result in any personal liability for any public official, Cowlitz County or Mason County or any employee or agent thereof, nor shall the Agreement be construed to create that liability. 22.9. Notices. (a) Except as may otherwise be expressly provided, all approvals, requests, reports, notices, communications or other materials or information required or permitted to be made or given by a Party to the other Party hereunder shall be deemed to have been given or made only if the same is reduced to writing and delivered,either personally or by means of the United States Postal Service (registered or certified mail, postage prepaid), to the respective County Representative designated pursuant to Section 18 of this Agreement, as the case may be, at their respective addresses set forth below. (b) For all purposes of this Agreement, any such approval, request, report,notice,communication or other material or information which is delivered by means of the United States Postal Service as aforesaid shall be deemed to have been delivered as of the fifth business day next following the date of the postmark thereof. (c) All notices, requests and other communications to any Party hereunder shall be in writing and shall be given to such Party at the following address, or such other address as such Party may hereafter specify for the purpose by notice to the other Party: i. If to Cowlitz County: Mr. Mike Moss, Cowlitz County Public Works, 1600 13th Ave. South, Kelso, WA. 98626 ii. If to Mason County: Mr. Richard Dickinson, Mason County Public Works, 100 W Public Works Drive, Shelton,WA 98589 14- COWLITZ COUNTY AND MASON COUNTY SOLID WASTE AGREEMENT THIS INTERLOCAL AGREEMENT has been executed by the parties shown below and is dated as of the,day of , 2024. BOARD OF MASON COUNTY BOARD OF COWLITZ COUNTY COMMISSIONERS COMMISSIONERS MASON COUNTY,WASHINGTON COWLITZ COUNTY,WASHINGTON By: By: Randy Neatherlin, Chair Arne Mortensen, Commissioner Dist. 1 By: By: Kevin Shutty, Vice Chair Dennis Weber, Commissioner Dist. 2 By: By: Sharon Trask, Commissioner Richard Dahl, Commissioner Dist. 3 Attest: Attest: McKenzie Smith, Clerk of the Board Clerk of the Board Approved as to form only: Approved as to form only: Tim Whitehead, Chief DPA Cowlitz Civil Deputy Prosecuting Atty 15- COWLITZ COUNTY AND MASON COUNTY SOLID WASTE AGREEMENT C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Richard Dickinson Ext.450 Department: Utilities&Waste Management Briefing: ❑X Action Agenda: ❑X Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): February 5,2024 Agenda Date: February 13,2024 Internal Review: ❑ Finance ❑ Human Resources ❑X Legal ❑ Information Technology ❑ Risk (This is the responsibility of the requesting Department) Below for Clerk of the Board's Use Only: Item Number: 8.10 Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken Ordinance/Resolution No. Contract No. County Code: Item• Solid Waste Long Haul Transport Contract Background/Executive Summary: Mason County entered into direct negotiations with Mason County Garbage,Inc.to provide for the transport of solid waste from the Eells Hill transfer facility to the Cowlitz County Headquarters landfill. Negotiations are now complete other than a few items to be addressed during a 2/1 meeting. Changes to the attached contract will be reported during the briefing. The contract is for a period of ten years with options to renew. Budget Impact(amount,funding source,budget amendment): The initial transport fee is$35.50 until July 1,2024. Thereafter,the fee will be adjusted by 100%of the December-to-December Consumer Price Index for All Urban Consumers and fuel adjustments. The estimated annual cost is$1,849,872 based on an estimated 51,150 tons transported. The adopted 2024 budget includes adequate funding. Public Outreach (news release,community meeting, etc.): During the hearing process,the County published a notice of the public hearings December 14th and 21It and again on July 20'and 27'in the Shelton Journal. Requested Action: Approval to execute a contract with Mason County Garbage for Solid Waste Long Haul Transportation services. Attachments Draft Contract CONTRACT This Contract is made and entered into by and between Mason County, a political subdivision of the State of Washington (the "County") and Mason County Garbage, inc. (the "Contractor"). RECITALS (a) In accordance with RCW 36.58.050 the Contractor has been selected to provide for the Term of the Contract, all Equipment and personnel to accept Acceptable Waste in loaded Trailers at the Transfer Station and to Transport that Acceptable Waste to a Disposal Site for the County. (b) The County's authorization to enter into this Contract is evidenced by the approval of the Board of Mason County Commissioners on , 2024. 1 The Contractor's authorization to enter into this Contract is evidenced by signing this Contract. ARTICLE 1 iii.7 Definitions.) For the purposes of this Contract,the following terms shall have the following meanings: "Acceptable Waste" means all putrescible and non-putrescible waste including but not limited to garbage, rubbish, refuse, ashes, paper, and cardboard; plant and grass clippings and leaves; commercial, industrial, demolition and construction wastes; wood waste; discarded or abandoned vehicles or parts thereof; discarded home and industrial appliances; manure, vegetable or animal solid and semisolid wastes and dead animals; Household Hazardous Waste; and Medical Waste, and excluding Excluded Waste and Unacceptable Waste. The term includes other materials and substances that may in the future be included in the definition of "solid waste", or any successor term, in a Change in Law (as defined below): "Change In Law" means any change in state or local fees, taxes, or other similar charges applicable to the Services'. (b) Notwithstanding the forgoing, the following shall not constitute a Change of Law for purposes of this Contract: (i) the adoption of, or change, amendment, or modification to, any federal, state, local or any other law which imposes or increases a tax, fee, or charge upon business activities generally, or certain classes of businesses activities generally, and which is not specifically directed at solid waste transportation business activities to the exclusion of other businesses activities not directly related to solid waste; (ii) any application of or change in interpretation of the provisions of RCW 36.58.090(8), or its successor or the statutes referred to therein (i.e., chapters 39.12, 39.19 and 39.25 RCW). 100114212.1DOCKIPage 1 of 58 "City" means the incorporated City of Shelton in Mason County that participates in the Comprehensive Solid Waste Management Plan and authorizes Mason County to designate disposal sites for Acceptable Waste originating in the city. "Comprehensive Solid Waste Management. Plan" means Mason County's Comprehensive Solid Waste Management Plan adopted in accordance with Chapter 70.95 RCW, as amended. "Consumer Price Index" or "CPI" means the Consumer Price Index for All Urban Consumers—West Region, All Urban Consumers, West Region All Items, 1982-1984=100 - CUUR0400SA0, as published by the Bureau of Labor Statistics http://www.bls.gov/cpi/home.htm) or such other appropriate index as may be mutually agreed upon by the parties in writing. "Contract" means this Contract regarding Solid Waste Export services for Mason County and the bond, letters of credit or other performance guarantees required under Section 6.4, the Pricing Form, Specifications, and any and all appendices, attachments, exhibits, amendments, change orders or modifications of the foregoing documents agreed to by the parties in writing. "Contractor" means Mason County Garbage Company, a Washington corporation; selected to provide solid waste Transportation services in accordance with this Contract, its successors or assigns and as applicable, the Contractor's officers, employees, agents, and subcontractors. "County" means Mason County, a political subdivision of the State of Washington. "Disposal Site" means the County contracted landfill or other alternate Disposal Site or facility used for the final treatment, utilization, processing and/or deposit of any Acceptable Waste received and transported by Contractor under this Contract. "Eauipment" means any personal property provided in accordance with the Specifications and owned, leased, furnished, operated, or used by the Contractor to carry out the provisions of this Contract, including, but not limited to, Trailers, trucks, and scale readers. "Excluded Waste" means waste that: (a) is prohibited from acceptance at the Landfill by state, federal or local law, regulation, rule, code, ordinance, order or permit condition, or by directive of any governmental agency with jurisdiction to prohibit such acceptance; {00114212.DOCX.}Page 2 of 58 (b) is or contains Hazardous Waste (as defined below), provided that any such Hazardous Waste the acceptance of which at the Landfill is permitted by applicable law or permit, or an exemption, exclusion, or variance thereto issued by a governmental entity with jurisdiction, shall not be an "Excluded Waste". (c) Excluded Waste shall include Unacceptable Waste as defined herein "Hazardous Waste" means any waste, material, or substance which is: (a) defined as hazardous by 40 CFR Part 261, and regulated as hazardous waste by the United States Environmental Protection Agency underSubtitle C oftheResource Conservation and Recovery Act of 1976, 42 U.S.C. Section 2601 et seg.; the Comprehensive Environmental response, Compensation and Liability Act, 42 U.S.C. Section 9601 et seg.,as amended by the Superfund Amendments and Reauthorization Act ("SARA") of 1986; or any other federal statute or regulation governing the treatment, storage, handling, or disposal of waste,• materials or substances, which imposes special handling or disposal requirements similar to those required by Subtitle C of RCRA; or (b) defined as dangerous or extremely hazardous by Chapter 173-303 or 173- 340 WAC and regulated as dangerous waste or extremely hazardous waste by the Washington Department of Ecology underthe State Hazardous Waste Management Act,the Model Toxic Control Act, Chapter 70A.300 RCW, or any other Washington State Statute or regulation governing the treatment, storage, handling or disposal of wastes, materials or substances, which imposes special handling requirements similar to those required by Chapter 70A.300 RCW. Certain waste that is not as of the effective date of this Contract included in this definition may after that date come within its scope as determined by a government entity with jurisdiction; certain otherwaste that is within the definition may cease to be so included. Accordingly, any waste, material or substance shall be deemed Hazardous Waste at the time, but only so long as and to the extent that it is included in the definition of Hazardous Waste set forth above. "Household Hazardous Waste" means "moderate-risk waste" as defined in RCW 70A.300.010(13),as amended, or"Household Hazardous Waste" as defined in WAC 173-303- 071(3)(c), as amended. "Instructions to Bidders" means the instructions issued by Mason County as part of their bid documents for services under this Contract. "Maximum Payload" means the maximum weight of waste (in tons) that may be loaded into a trailer without exceeding the maximum legal gross vehicle weight and axle loading requirements under the loading conditions. {00114212.DOCX.}Page 3 of 58 "Medical Waste" means noninfectious and/or non-injurious waste or treated and properly packaged infectious and/or injurious waste originating in a medical, veterinary or intermediate care facility which is generated in the diagnosis, treatment, or immunization of human beings or animals, in research pertaining thereto, or in thereto, or in the production or testing of biologicals and that may be deposited in the general solid waste stream under federal, state and Mason County laws and regulations including, but not limited to, the regulations of the Mason County's Health District or Department; the term does not include infectious waste originating in a medical, veterinary or intermediate care facility that has not been treated and may be deposited in the general solid waste stream under applicable federal, state or Mason County laws or regulations, including but not limited to, the Mason County's Health District regulations. As used above, the term "biologicals" means preparations made from living organisms, and their products, such as vaccines and cultures, treating or immunizing humans or animals or in research pertaining thereto. "Minimum Functional Standards" means the Washington State Minimum Functional standards for Solid Waste Handling set forth in Chapter 173-304 WAC, as amended. "Person" or "Persons" means without limitation, any individual, firm, corporation, association, partnership, consortium,joint venture, entity, government agency or unit of government. "Proiect" means any and all services, matters and things that the Contract requires to be done, kept, performed, and furnished by the Contractor and by the County, respectively. "RCW" means Revised Code of Washington. "Representative" means depending on the context, the authorized representative of the County or the Contractor designated in accordance with Article 5.. "Specifications" means the technical requirements which are attached to this Contract as Exhibit C and incorporated herein by this reference. "State/Local Solid Waste Handling Fee" means a fee, tax, surcharge, or similar charge on solid waste handling services, including but not limited to Transportation services, imposed by any state, regional or local government or government agency; the term does not include federally imposed fees, taxes, surcharges, or other charges levied equally on solid waste handling in all states" "Surety" means the Person providing a bond or letter of credit required under Section 6.4 guaranteeing or providing the funds to guarantee performance of the Contractor's obligations under this Contract. The qualifications required of a Surety are set forth in Section 6.4. "Term" or "Term of Contract" means the term of this contract set forth in Article 19, including any extensions thereof. 100114212.DOCKIPage 4 of 58 ""Transfer Station" means the site designated pursuant to Section 7.7 at which waste is received and loaded into Trailers. "Trailer" means a transfer trailer or intermodal shipping container on a chassis. A double trailer or other multiple box trailer shall be considered one Trailer for purposes of this Contract. "Transport" or "Transportation" means but is not limited to the transportation of Trailers to and from the Transfer Station and the Disposal Site and includes but is not limited to the storage and handling of Trailers at any transfer facility or other facilities used by the Contractor to deliver waste to a Disposal Site. "Unacceptable Waste" means: (a) Hazardous Waste; (b) Radioactive waste or materials or explosive materials; (c) Sewage sludge, human waste, septic tank, and cesspool pumping's; and (d) Any material, the transportation or handling of which would constitute a Violation of any applicable state or federal law pertaining to health, safety or the environment, whether enacted prior to or subsequent to execution of the Contract. "Uncontrollable Circumstance" means: (iii) Any act or event that has had or may reasonably be expected to have a material adverse effect on the rights or obligations of a party to this Contract, , if that act or event is beyond the reasonable control of the party relying thereon as justification for not performing an obligation or complying with any condition required of that party under this Contract. Subject to Subsection (b) below, those acts or events shall include, but are not limited to, the followingi) an act of god (except normal weather conditions for the geographic area of the Transfer Station and Disposal Site), hurricanes, tornadoes, epidemic, landslide, lightning, earthquake, volcano eruption, nuclear radiation, fire or explosion, flood or similar occurrence, an act of public enemy, war, blockade, insurrection, riot general arrest, or restraint of government and people, civil disturbance, or similar occurrence, that directly affects the operation of Equipment, the Transfer Station or Disposal Site; (ii) or the failure of any appropriate federal, state local agency or public or private utility having operation or jurisdiction over, or responsibility to serve the Transfer Station or Disposal Site, to provide, maintain and assure the maintenance of any necessary utility which failure is not caused by County's failure to pay for those utilities at the Transfer Station or County's failure to comply with applicable law; 100114212.DOCKIPage 5 of 58 (iii) for Contractor, a non-Contractor strike; (iv) for the County, any strike or labor dispute; or (v) a Change in Law. (c) It is expressly understood and agreed that notwithstanding any other provision of this definition, the following events, or conditions, in and of themselves, shall not constitute an Uncontrollable Circumstance: (i) adverse changes in the financial ability of any party to this Contract to perform its obligations under this Contract; (ii) the consequences of errors of design, construction, start-up, operation or maintenance of the Transfer Station on the part of the County, or any of its employees, agents, or subcontractors. (iii) the failure of the County to secure patents or licenses in connection with the technology necessary to design, construct, operate, or maintain the Transfer Station; (iv) the lack of fitness for use, or the failure to comply with the Specifications or the design of any materials, equipment, or parts constituting any part of the Equipment; (iv) the failure of any technology to perform; (vi) any act or event the occurrence against which a party is obligated to carry insurance under this Contract, to the extent such party is so obligated; and (viii) periodic flooding and freezing which temporarily causes roads, bridges or other transportation facilities to beunavailable foruse by the Contractor,and which is within the range of such unavailability which has been experienced in the case of such transportation facilities during two (2) or more of the ten (10) years preceding the year in which the Contract is executed." "USC" means United States Code. "WAC" means Washington Administrative Code 1.2 Construction of Terms. Unless otherwise specified in the Contract, words describing material or work that have a well-known technical or trade meaning shall be 100114212.1DOCKIPage 6 of 58 construed in accordance with the well-known meaning generally recognized by solid waste professionals, engineers, and trades. ARTICLE 2 General Provisions 2.1 Law Applicable. This Contract is made in and shall be construed under the laws of the State of Washington. 2.2 Law Incorporated by Reference. Chapter 70.95 RCW and 36.58.040, as amended or superseded, including the latest additions and revisions and including regulations promulgated thereunder, and the applicable provisions of the Mason County Code, as amended or superseded, are incorporated by reference in the Contract. 2.3 Entire and Complete Agreement. This Contract constitutes the entire and complete Agreement and final expression of the parties with respect to the subject matter it contains, and supersedes all prior or contemporaneous Agreements, understandings, arrangements, commitments, and representations, whether oral or written. In the event of any conflict between the language set forth in this Contract, any of the exhibits hereto or the Specifications, the language in the Contract shall prevail and this Contract shall be interpreted as if that conflicting language was not a part of the Agreement between the parties. The Contractor shall immediately bring to the County's attention for decision and mutual revision any observed conflicts between or duplications of any Contract provisions or any material omissions from the Contract. The Contractor shall obtain written instructions from the County's Representative before proceeding with services affected by omissions or discrepancies in the Contract. In the event of a discrepancy in the provisions of the Contract, the most stringent provision shall apply. 2.4 Severability. If any Contract provision is for any reason determined tobe invalid, illegal,or unenforceable under any Applicable Law, the remaining provisions of the Contract shall remain in effect and bind the parties; however, the parties shall negotiate in good faith to amend the Contract to effectuate the intent of any invalid, illegal or unenforceable provision, if permissible under Applicable Law. 2.5 Time of the Essence. Time is of the essence of this Contract. 2.6 Waiver of Provisions. The County's or Contractor's failure to object to a breach of any Contracts provisions is not and shall not be construed as a waiver of that provision. The payment or acceptance of Compensation subsequent to any breach is not and shall not be deemed an acceptance of that breach. Any waiver must be in writing and supported by consideration. 2.7 Access. The County shall have the right and unlimited access to inspect any or all of the Contractor's and subcontractor's Equipment or records solely to the extent related to this Contract; however, the County's access to records under this Section shall be subject to the 100114212.1DOCKIPage 7 of 58 confidentiality provisions of Section 6.9(b). The County shall have access to inspect Equipment used in connection with the services hereunder under this Section at any and all times during normal business hours of or when there is activity of any kind involving such Equipment. 2.8 No Third-Party Beneficiaries. This Contract is entered into by the County in its governmental capacity and is not intended to nor does it create any third-party beneficiary or rights in any public or private Person with the exception of those rights accorded to Other Counties as stated herein. 2.9 Personal Liability. This Contract is not intended to create or result in any personal liability for any public official or County employee or agent, nor shall the Contract be construed to create that liability. 2.10 Comprehensive Contract. All services that are necessary to complete and carry out the project as described in the Contract shall be considered part of the project and the Contractor shall perform or provide for the services without extra Compensation unless otherwise expressly stated in the contract. 2.11 Subsidiary Contacts. No contract between the Contractor and its subcontractors, officers, employees, or agents including all contracts relating to the use, lease, operation or ownership of the Equipment shall prevent, expressly or in effect, the Contractor from performing its obligations under this Contract. 2.12 Notices. (a) Except as may otherwise be expressly provided, all approvals, requests, reports, notices, communications or other materials or information required or permitted to be made or given by a party to the other party hereunder shall be deemed to have been given or made only if the same is reduced to writing and delivered, either personally or by means of the United States Postal Service (registered or certified mail, postage prepaid), to the County Representative or the Contractor Representative, as the case may be, at their respective addresses as set forth below. (b) For all purposes of this Contract, any such approval, request, report, notice, communication or other material or information which is delivered by means of the United States Postal Service as a foresaid shall be deemed to have been delivered as of the fifth (5tn) business day next following the date of the postmark thereof. (c) All notices, requests, and other communications to either party hereunder shall be in writing and shall be given to such party at the following address, or such other address as such party may hereafter specify for the purpose by notice to the other party: If to the County: Mason County 100114212.DOCKIPage 8 of 58 100 W Public Works Dr Shelton, Washington 98584 Telephone: (360) 427 - 9670 Ext. 652 (Business) (360) 490 - 0396 (24 Hour Contact) Attention: Richard Dickinson Deputy Director/Utility Waste If to the Contractor: Mason County Garbage, Incorporated PO Box 787 81 E Wilbur's Way Shelton, WA 98584 With copy to: Waste Connections 3 Waterway Square Place, Suite 110 The Woodlands, Texas 77380 Attn: Legal Department Telephone: (253) 240-0655 Attention: Mark Gingrich Vice President, Rainier Division 2.13 Article. Section and Subsection References. Any Articles, Sections or Subsections mentioned in this Contract by number only without reference to another document refer to those Articles, Sections or Subsections contained in this Contract. 2.14 Amendment or Waiver. Neither this Contract nor any provision hereof may be changed, modified, amended, or waived except by written instrument signed by the parties. 2.15 Contract Execution. For purposes of this Contract, Contract execution shall be the date the County executes the Contract. ARTICLE 3 Independent Contractor 3.1 Contractor as Independent Contractor. The Contractor shall perform all work under this Contract as an independent contractor. The Contractor is not and shall not be considered an employee, agent, subagents, or servant of the County for this Contract or otherwise; the Contractor's subcontractors, employees or agents are not and shall not be considered employees, agents, subagent, or servants of the County for this contract or otherwise. 100114212.1DOCKIPage 9 of 58 3.2 Contractor's Control of Project. The Contractor shall have the exclusive right to control the services and work performed under this Contract and the Persons performing those services and work. The Contractor shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors, and subcontractors performing services pursuant to this Agreement. Nothing in the Contract shall be construed as creating a partnership or joint venture between the County and the Contractor or giving the County a duty to supervise or control the acts or omissions of any Person performing services or work under the Contract. ARTICLE 4 Subcontractors 4.1 Rejection of Subcontractors. (a) During the Term of this Contract the County shall have the right to reject any or all subcontracts of all or part of Contractor's obligations to perform the project or provide any of the Equipment if the County reasonably believes that the subcontractors concerned either have not or will not adequately perform the tasks assigned to them. The Contractor shall inform the County of all proposed subcontracts no later than ninety (90) days prior to the date on which the proposed subcontract is to take effect. The County reserves the right in its sole discretion to reject any subcontract no later than thirty (30) days prior to the date on which the proposed subcontract is to take effect, if the County reasonably believes that the subcontractor concerned either has not or will not adequately perform the tasks to be assigned to it. (b) In no event shall the Contractor's subcontracting, or the County's failure to reject Contractor's subcontracting of its obligations hereunder, in any way relieve the Contractor of its responsibilities under this Contract. The Contractor shall have the exclusive right to control the services and work performed under this Contract and the Persons performing those services and work. The Contractor shall be solely responsible for the acts and omissions of its officers, agents, employees, suppliers, subcontractors and those subcontractors' suppliers, employees, agents, and officers performing services pursuant to this Agreement. Nothing in the Contract shall be construed as creating a partnership or joint venture between the County and the Contractor or giving the County a duty to supervise or control the acts or omissions of any Person performing services or work under the Contract.The Contractor's subcontracting or the County's approval of that subcontracting of the Contractor's obligations to perform under this Contract shall not relieve the Contractor of its obligations under this Contract. 4.2 Assignment of Subcontracts. All contracts between the Contractor and its subcontractors for services and work under this Contract executed after February 29, 2024 shall contain a clause that if the Contractor defaults in performance of the Contract and the County accepts assignment of the subcontract under Article 17, the subcontractor shall recognize the County or its assignee as the Contractor and the County or its assignee shall have all the rights, remedies and responsibilities of the Contractor under that subcontract. {00114212.DOCX.}Page 10 of 58 ARTICLE 5 Contractor and County Representatives 5.1 Representatives. The Contractor and the County shall each designate an agent to serve as a competent Representative for the Term of this Contract. The County and Contractor, respectively, shall keep each other informed of the identity of their respective Representative and shall provide each other with a telephone number and other means by which that Representative may be reached twenty-four (24) hours every day. 5.2 Contractor Representative. The Contractor's Representative shall be the Contractor's agent and shall represent the Contractor for all purposes of this Contract. All written or oral directions, instructions or notices given by the County to that Representative and related to the subject matter of the Contract shall bind the Contractor as if delivered to the Contractor personally. The Contractor's Representative shall be in charge of the Project at all times and shall have authority to act on behalf of the Contractor; the Contractor's Representative's statements, representations, actions, and commitments shall fully bind the Contractor, subject to the requirements of Section 2.14. The Contractor's Representative shall be located within a reasonable proximity of the County and be accessible at all times during the Term of the Contract. 5.3 County Representative. Unless the County notifies the Contractor otherwise in writing, the County's Representative shall be the County's representative for all purposes of this Contract. ARTICLE 6 Contractor Responsibilities. Representations and Warranties 6.1 General. The Contractor's responsibilities under this Contract include, but are not limited to: (a) Transportation of (iii) Acceptable Waste, delivered to the Contractor at the Transfer Station and loaded into Trailers that conform to the requirements of the Specifications, to the Disposal Siteb) Ownership, operation and/or leasing of Equipment necessary to perform its (iii) obligations under this Contractc) Procurement and maintenance, as applicable, of the letter of credit or other financial guarantee required under Section 6.4; (d) Compliance with all Applicable Laws in accordance with Section 6.7; obtaining any permit, license, certificate or governmental approval required for the Project in accordance with section 6.5; and the payment of all applicable taxes and fees in accordance with Section 6.6; 100114212.DOCKIPage 11 of 58 (e) Procurement and maintenance of insurance in accordance with Article 12; (f) Maintenance of an alternate operations plan and an emergency operations plan and found in Exhibit D and E of the Contract and Alternate Facilities Plan found in Exhibit F in accordance of this Contract; (g) Performance of all other obligations required under this Contract. 6.2 Commencement of Service to County. Commencing ten (10) days after the Contractor receives from the County a notice to proceed with operations or service under this Contract, but in any event not earlier than February 29, 2024 (or such other date as may be mutually agreed upon by the County and the Contractor), the Contractor shall accept and Transport all Acceptable Waste delivered by the County to the Contractor in a Trailer at the Transfer Station in accordance with this Contract to Cowlitz County Headquarters Landfill pursuant to landfill hours of operation. 6.3 Facilities: Replacement or Repair. (a) Equipment. The Contractor shall own, lease, install or otherwise provide, maintain, and operate all necessary Equipment in a quantity sufficient to perform the services under this Contract in a timely manner throughout the Term of the Contract in accordance with the Specifications. Subject to Exhibits D and F, the Contractor may add to, delete, improve, or replace Equipment during the term of the contract so long as such additions, deletions, improvements, or replacements are carried out and operate in accordance with Applicable Law. All Equipment provided by the Contractor shall meet or exceed the requirements in the Specifications and any and all requirements of any Applicable Law. (b) Replacement or Repair. The Contractor at its sole expense shall keep all Equipment in good working order and repair.. In the event a Trailer is damaged or due to failure of the County or its agents to use reasonable care in loading or moving of the Trailer, the Contractor shall repair or replace the Trailer if not economically feasible to repair. The County shall reimburse the Contractor for the cost of repair and replacement if and only if: (i) the repair or replacement is necessary to remedy damage caused by the County or its agent, including a third party Transfer Station operator, and (ii) the Contractor assigns to the County any and all subrogation rights it has against such operator or any other Person who may be liable for the damage; and (iii) the costs incurred to repair or replace the Trailer are reasonable under the circumstances to repair or replace the Trailer; and {00114212.DOCX.}Page 12 of 58 (iv) the Contractor fully documents the costs it incurred to the County's reasonable satisfaction. (c) Refection of Equipment. The County may require the Contractor at its sole expense to replace or repair any Equipment including, but not limited to, Tractors or Trailers used to provide services under this Contract, when the County reasonably believes they are not road-worthy or otherwise do not conform to the Specifications. (d) Change of Loading Technology and Trailer Type. In the event the County elects to renew the Contract for a second or subsequent ten (10) year period pursuant to Section 19.2, the County shall have the right to change the type of loading technology used at the Transfer Station and to require the Contractor to change the Equipment, in order to conform to the change in technology, upon giving Contractor 120 days advance written notice of the change. Unless otherwise agreed, the change in trailer types shall be made as of the first day of the additional ten (10) year period and shall remain in effect for the duration of such period. 6.4 Financial Guarantee of Contract Performance. (a) Performance Bond. The Contractor shall provide and maintain in force for the Term of the Contract a performance bond and attached hereto as Exhibit A. (b) Alternate contract Performance Guarantee. In its sole discretion, the County may accept such other form of bond or letter of credit that is approved by the County. For purposes of this Subsection, the term "performance guarantee" shall mean any bond, letter of credit or other financial guarantee referred to in this Article and provided to guarantee or provide the funds to guarantee the performance of the Contractor's obligations under this Contract. (c) Qualifications of Surety. The Surety must be licensed to conduct business in Washington State and all other states wheretheProject is located. A Suretywhich provides a bond or other alternate form of performance guarantee in lieu of an irrevocable standby letter of credit must: (ii) conform with all applicable Washington State statutory requirements for sureties, including, but not limited to RCW Chapters 19.72 and 48.28; and (ii) be included on the current list of Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies, as published in Circular 570, as amended, by the Audit Staff Bureau of Accounts, United States Treasury Department. 100114212LOCKIPage 13 of 58 A Surety providing a letter of credit must be a financial institution whose long-term debt is rated in one of the three highest categories by a nationally recognized rating agency (e.g. Standard & Poor's rating of AAA, AA, or A) (d) Amount of Performance Guarantee. The amount of the performance guarantee for the first year of transportation services under the Contract shall be $1,500,000. For the second and subsequent years under the Contract the Contractor shall maintain the performance guarantee in an amount equal to one hundred percent of the total revenues paid by the County to the contractor under this Contract for the previous year of services. (Projected first year revenues shall be used in the case of the first renewal of the performance guarantee.) (e) Duration of Performance Guarantees. Except for the initial performance guarantee which shall be for a duration of two (2)years, any successor performance guarantee shall be issued for a term of not less than one (1) year; the Contractor shall provide a new performance guarantee or evidence satisfactory to the County of the renewability of the current performance guarantee, at least 180 days before the expiration date of the performance guarantee then in effect. Any performance guarantee provided under this Section other than a letter of credit shall provide that notwithstanding the termination or expiration of the Contract, at any time within two (2) years of the date the performance guarantee terminates or expires, the County may make a claim against the performance guarantee for Contractor's failure to perform its obligations under the Contract. However, Contractor shall be liable for its obligations under this Contract notwithstanding the termination of the surety's obligations under the performance guarantee. (f) Authority of A.Rent. All performance guarantees given under this Article that are signed by the Surety's agent must be accompanied by a certified copy of that agent's authority to act for the Surety at the time the bond is signed. The county must approve in writing the Surety providing, and the form and substance of, all performance guarantees. The Contractor may satisfy the obligations under this Article by providing performance guarantees from one or more Sureties meeting the qualifications set forth in this Article. 6.5 Permits, Licenses. Royalties. (a) The contractor shall obtain, maintain, and pay for, at Contractor's sole expense, all permits required under any Applicable Law for its acquisition, installation and operation of the Equipment and all other permits necessary to fulfill all its obligations under this Contract. Within thirty (30) days of receiving the notice of award of the Contract from the County, the Contractor shall, with respect to the Equipment the Contractor then expects to use to carry out its responsibilities under this Contract, provide to the County a list of all permits required for the performance of its obligations under this Contract designating the issuing agency and the dates of issuance and expiration of those permits, a copy of all current permits and the contractor's schedule for obtaining or renewing all permits required during the term of {00114212.DOCX.}Page 14 of 58 the Contract. As Equipment is significantly changed, modified, or replaced during the term of this Contract, the Contractor shall provide copies of new permits relevant to the acquisition, and/or operation of such Equipment. To the extent permitted' by Applicable Law, the County shall provide the Contractor with any information or documents in its control that the Contractor reasonably requests in order to obtain or maintain all required permits. For purposes of this Section, the term "permits" means any temporary and/or permanent permits, approvals, licenses, certificates, inspection fees, surcharges and other approvals required for the performance of the Project. The County shall obtain and maintain any and all permits necessary for the operation of the Transfer Station during the Term. In the event any modifications to the Transfer Station must be made to bring the Transfer Station into compliance with current and future laws, the cost of such modifications shall be paid by the County. (b) The Contractor shall be liable for all fines or civil penalties that may be imposed by any regulatory agency for Contractor-caused violations of permits, regulations, or any Applicable Laws; the County shall not be liable for and shall not reimburse Contractor for payment of those fines or civil penalties. Notwithstanding the foregoing, the County shall reimburse the Contractor for all fines and penalties imposed and paid as a result of the Transportation of Unacceptable Waste loaded into a Trailer except for fines and penalties: (i) incurred due to the sole negligence of the Contractor, or (ii) related to any Unacceptable Waste discovered, transported and/or disposed of not in accordance with Section 10.4, or (ii) other Transportation of Unacceptable Waste by Contractor or Contractor's agent, employee, assignee, or subcontractor, done with knowledge that Unacceptable Waste is being transported. (c) The Contractor shall pay all royalties, fees, and license payments, shall defend all suits, and hold the County harmless from any fines or penalties resulting therefrom 6.5(b)(i-iii) above in accordance with Article 11. 6.6 Taxes and Fees. The Contractor shall be responsible and liable for payment of all federal, state and local taxes and fees, and surcharges of every form, that apply to any and all Persons, property, income, equipment, materials, supplies, structures or activities that are involved in the performance of the Contract, including but not limited to, any income taxes, , excise, sales and use taxes and fees that arise in connection with the Contract; however, the Contractor shall not be responsible or liable for payment of any tax or fee for which the County is ordinarily responsible without regard to the services provided by the Contractor under this Contract. The extent to which the Contractor is permitted to adjust Compensation(s) for cost increases in the rates of taxes, fees, or surcharges, if at all, is set forth in Articles 8 and 9. Contractor shall not be responsible for any real property taxes assessed on the Transfer Station. 6.7 Compliance with Law: Documentation: Confidential Business Records. {00114212.DOCX.)Page 15 of 58 (a) Contractor Compliance with Law; County Verification. The Contractor, its officers, employees, agents, and subcontractors shall comply with all Applicable Laws and the requirements of this Contract in performing its obligations under this Contract. The County shall have the right and be given access to inspect copies of all correspondence or any other documents sent to or received from the Contractor, or its subcontractors related to the Contractor's compliance with any Applicable Law or the requirements of this Contract. (b) Confidential Business Records. (i) The Contractor may designate documents as confidential business records; documents reasonably designated as such shall remain the exclusive property of the Contractor. For purposes of this Section, "confidential business records" means all trade secrets, proprietary plans, financial data and the ideas and information contained therein, or any other information that if made public would harm competition, that Contractor makes available to the County for purposes of this Contract. (ii) If documents are designated as confidential business records, they shall be inspected by an independent accountant or other third party designated by the County and approved by the Contractor (which approval shall not be unreasonably withheld); the third party selected shall determine whether the documents are relevant to the Contractor's compliance with Applicable Law. If the third party determines that the documents are relevant, then the County may inspect the documents. For documents that contain both relevant and irrelevant information, the third party may delete any irrelevant information. (iii) The County shall not disclose to others information designated by the Contractor as confidential business records unless the County, on advice of legal counsel, reasonably determines that the information concerned, or any portion thereof is subject to disclosure under Chapter 42.56 RCW or any other Applicable Law. The Contractor recognizes and agrees that even if the County determines that the information is properly withheld from public disclosure, a court may order the disclosure of that information; in such an event of disclosure, the County shall have no liability to the Contractor for any loss resulting therefrom. Notwithstanding the foregoing, the County may disclose all information to employees, consultants, attorneys, or other agents of the County examining those documents for purposes of this Contract, provided there are bound by the same confidentiality terms contained herein in this Section 6.7. If required by law or a court order to disclose documents designated as confidential business records, the County shall notify the Contractor before that disclosure occurs and provide Contractor twenty one (21) days to contest in good faith the interpretation, application and enforcement of any such law or court order. (c) Applicability. All Agreements between the Contractor and Persons employed for this Contract shall contain Section 6.7(a)'s requirements. The requirements of this Section shall survive the termination or expiration of the Contract. All unresolved disputes arising underthis Section shall beresolved by arbitration under Article 16. {00114212.DOCX.}Page 16 of 58 6.8 Records; Monthly Report. The Contractor shall keep accurate records of all transactions to the extent arising from this Contract including, but not limited to, all correspondence and invoices, weigh tickets or receipts issued at the Transfer Station or the Disposal Site. The Contractor shall at all times maintain an accounting system that uses generally accepted accounting principles; consistently applied for all services rendered and materials supplied, including additional and deleted work, in connection with this Contract. The Contractor shall provide to the County by the fifteenth (1511) day of each month a report for the preceding month summarizing routine and extraordinary activities during the prior month and plans and schedules for the future activities. The report shall include, but not be limited to: (a) The tonnage delivered to the Disposal Site by the Contractor from the Tra n sfe r Station; (b) The condition of the Equipment; (c) A report of all complaints submitted to the Contractor as required by Section 6.9 and the Contractor's response, if any; (d) A summary of any extraordinary occurrences affecting the Contractor's performance including but not limited to occurrences affecting the Equipment or Transfer Station; (e) Copies of the weigh tickets, invoices and/or receipts for the month; (f) Changes in the status and readiness of alternate facilities and emergency facilities and/or associated plans (g) Documentation regarding Unacceptable Waste, if any, gathered, produced and/or retained as required in Article 10; In addition to the monthly report required under Section 6.8, Contractor shall provide to the County within thirty (30) days of the end of any year of operations under the Contract an annual report summarizing and consolidating the information contained in the monthly reports provided for the preceding year. All records required to be maintained by the Contractor under this Section shall be available for inspection by the County and Washington State Auditor for a period of six (6) years after the expiration or termination of the Contract. 6.9 Accidents; Complaints. 100114212.1DOCKIPage 17 of 58 (a) Accidents; Reporting. The Contractor shall be financially liable and otherwise responsible for all injuries, accidents and other mishaps to the extent arising from Contractor's services pursuant to this Contract that are not caused in whole or in part by the negligence of the County. The Contractor shall report by telephone or email any accidents resulting from the performance of this Contract to the County as soon as practicable. For purposes of this Section, "accident" shall include the death of any Person, any personal injury resulting in inpatient hospitalization or outpatient treatment by a physician or damage to any real or personal property exceeding$5,000. The Contractor shall report in writing to the County within seven (7) days of that accident complete details of the accident including witness statements. (b) Response to Complaints; Report,The Contractor shall respond in a reasonable and courteous manner to complaints, charges or allegations related to Contractor's performance under the Contract within thirty (30) days of receipt of that complaint, charge,or allegation, including butnot limited tothose complaints made or actions brought by citizens, citizen groups and public agencies. The Contractor shall deliver to the County as part of the monthly report required under Section 6.8 a report of all complaints submitted that shall include but not be limited to the name and address of the complainant,the substance of the complaint including the activity or service at issue, the action, if any, the Contractor has taken to investigate or remedy the problem or an explanation of why no action has been taken. 6.10 Payment of Subcontractors and Laborers. Unless a reasonable dispute exists concerning payment, the Contractor shall promptly pay all subcontractors, suppliers or laborers engaged for purposes of this Contract, in accordance with the contract or agreement between that Person and the Contractor. 6.11 Employment Discrimination. The Contractor, with regard to the work performed by it during the Term of the Contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the Contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. 6.12 Scheduling; Management; Quality of Performance. The Contractor shall coordinate, schedule in an orderly manner, and manage all work done by Contractor's officers, employees, subcontractors, and agents under this Contract. The Contractor and subcontractors shall perform every act or service under this Contract in a skillful and competent manner in accordance with the highest standards of the solid waste transportation industry. The Contractor shall be financially liable for any errors, deficiencies, or failures to perform under this Contract. All workers and subcontractors shall be skilled in their trades. All drivers shall be licensed or otherwise qualified as required by law. The Contractor shall furnish evidence of the skill and licenses of its officers, employees, subcontractors, agents, and drivers on the request of {00114212.DOCX.}Page 18 of 58 the County. The Contractor shall at all times enforce strict discipline and good order among its employees and all subcontractors. 6.13 Representations and Warranties of the Contractor. The Contractor hereby makes the following representations and warranties to and for the benefit of the County: (a) The Contractor is duly organized and validly existing as a corporation in good standing under the laws of the State of Washington and it is duly qualified to do business in the State of Washington. (b) The Contractor has full legal right, power, and authority to execute and deliver, and perform its obligations under this Contract, and has duly authorized the execution and delivery of this Contract by proper action of its Board of Directors. This Contract has been duly executed and delivered by the Contractor in accordance with the authorization of its Board of Directors and constitutes a legal, valid, and binding obligation of the Contractor enforceable against the Contractor in accordance with its terms. (c) Neither the execution or delivery by the Contractor of this Contract, the performance by the Contractor of its obligations hereunder, nor the fulfillment by the Contractor of the terms and conditions hereof: (i) conflicts with, violates or results in a breach of any Applicable Law; (ii) conflicts with, violates or results in a breach of any term or condition of any judgment, order or decree of any court, administrative agency, or other governmental authority, or to the best of Contractor's knowledge, any Agreement or instrument, to which the Contractor is a party or by which the Contractor or any of its properties or assets are bound, or constitutes a default thereunder. (d) No approval, authorization, license, permit, order or consent of, or declaration, registration or filing with, any governmental or administrative authority, commission, board, agency or instrumentality is required for the valid execution and delivery of this Contract by the Contractor, except such as has been duly obtained or made or such as the Contractor has given the County adequate assurance, in the County's sole discretion, that it will be obtained or made before the commencement of services by the Contractor under this Contract. (e) Unless otherwise approved by the County in writing, as of the date the Contractor provides Waste Transportation services under this Contract there shall not be any action, suit, proceeding or, to the best of the Contractor's knowledge, investigation, at law or in equity, before or by any court or governmental authority, commission, board, agency or instrumentality pending or, to the best of the Contractor's knowledge, threatened against the Contractor, wherein an unfavorable decision, ruling or finding, in any single case or in the aggregate, would materially adversely affect the performance by the Contractor of its obligations hereunder or in connection with the transactions contemplated hereby, or which, in any way, would adversely affect the validity or enforceability of this Contract or any other 100114212.DOCKIPage 19 of 58 Agreement or instrument entered into by the Contractor in connection with the transactions contemplated hereby. (f) The Contractor holds, or is expressly licensed to use, all patent rights, licenses, and franchises necessary or appropriate to possess, operate and maintain the Equipment pursuant to and in accordance with the terms of the Contract. (g) There has been no material adverse change in the contractor's financial condition since the date of the financial statement submitted by the Contractor to the County in response to the County's request for bids. ARTICLE 7 County Responsibilities. Representations and Warranties 7.1 General. The County's Responsibilities under this Contract include but not limited to: (a) Payment of a Compensation to the Contractor in accordance with Article 8; (b) Ownership and operation of one or, in the County's sole discretion, more Transfer Stations; (c) Delivery of Acceptable Waste to the Contractor, either top-loaded or preload compacted and ejected into Trailers in accordance with the Specifications; (d) Provide, operate, and maintain all facilities necessary for operation of the Transfer Station including scales, compaction equipment and yard tractors. 7.2 Waste Flow: Flow Control. The County shall: (a) Enact and maintain in force and effect and use reasonable efforts to enforce applicable ordinances to require all Acceptable Waste (not including waste diverted by legal self-disposal, reuse, recycling or composting, Household Hazardous Waste, construction and demolition waste, wood waste,) to be delivered to the Transfer Station or other designated facilities. (b) Use their best efforts to enter into, maintain and enforce an Agreement with the City of Shelton under which the City will grant Mason County authority to designate Disposal Sites for waste collected within the City and will agree to enact and enforce appropriate laws to carry out the requirements of this Section with regard to such Acceptable Waste originating within the City. 7.3 Payment: Estimates. As long as the Contractor's Equipment is operationally available to accept and Transport Acceptable Waste to the Disposal Site in a quantity commensurate with the amount of Acceptable Waste delivered to the Contractor pursuant to this Contract during the Term of this Contract, the Contractor is providing the Transportation services in accordance with the requirements of this Contract and the Contractor is otherwise {00114212.DOCX.}Page 20 of 58 materially in compliance with the terms of this Contract, the County shall pay the Contractor a Compensation in accordance with Article 8. 7.4 Cooperation with Contractor. The County shall cooperate with the Contractor and respond to the Contractor's reasonable requests for information and assistance, consistent with the provisions of this Contract. However, it is not the County's responsibility to notify the Contractor when to begin, cease or resume the Project, except for notice to commence service as set out in paragraph 6.2 hereof, nor to give early notice of rejection of faulty work, nor in any way to supervise the Project so as to relieve the Contractor of any liability, responsibility or consequence for neglect, negligence, carelessness, substandard or defective work, or for the use of substandard or defective materials or Equipment, by the Contractor, its officers, employees, subcontractors or agents. The County does not assume any liability as a result of inspections conducted of the Project and instructions, directions or suggestions given by the inspector shall not relieve the Contractor of any responsibility or liability associated with Contractor's operations. 7.5 Disputes. All disputes under this Article shall be resolved in accordance with Article 16. 7.6 Access to Transfer Station: Days and Hours of Operation. Except for the occurrence of an Uncontrollable Circumstance or on recognized Mason County Holidays that requires the closure of the Transfer Station, the Contractor shall have access to the Transfer Station for purposes of this Contract between 6:00 a.m. and 12:00 a.m. (midnight), daily. The County in its sole discretion may adjust the operating hours and days of operation per year of the Transfer Station. 7.7 Location of Transfer station. The notice to proceed provided to the Contractor pursuant to Section 6.2 shall specify the location of the Transfer Station. Upon giving the Contractor 90 days' notice, the County may change the location of the Transfer Station. In the event any designated Transfer Station is greater than ten (10) miles from the city limits of Shelton (as of February 29, 2024) then the Contractor shall be compensated per Article 8 for actual costs in excess of those which would be incurred if the specified distance standard had been met. 7.8 Excluded Waste. County agrees not to deposit in Contractor's Equipment or place for collection by Contractor any Hazardous Waste or Excluded Waste. Title to and liability for any Excluded Waste shall remain with the producer of said waste and in no event shall pass to Contractor. 7.9 Representations and Warranties of County. The County hereby makes the following representations and warranties to and for the benefit of the Contractor: (a) The County is a political subdivision of the State of Washington, with full legal right, power, and authority to enter into and perform its obligations under this contract. {00114212.DOCX.}Page 21 of 58 (b) The County has duly authorized the execution and delivery of this Contract and this Contract has been duly executed and delivered by it and constitutes a legal, valid, and binding obligation of the County enforceable against the County in accordance with its terms. (c) Neither the execution and delivery by the County of this Contract, the County's performance of its obligations hereunder nor its fulfillment of the terms or conditions hereof: (i) conflicts with, violates or results in a breach of any Applicable Law; (ii) conflicts with, violates or results in a breach of any terms or conditions of anyjudgment, order, ordecree of any court, administrative agency or other governmental authority, or to the best of the County's knowledge, any Agreement or instrument towhich the County is a party or by which the county or any of its properties orassets are bound orconstitutes a default thereunder. (d) No approval, authorization, license, permit, order, or consent of, or declaration, registration or filing with, any governmental or administrative authority, commission, board, agency or instrumentality is required for the valid execution and delivery by the County of this Contract except those that have been duly obtained or made. (e) There is noaction,suit,proceeding or,tothe best of the County's knowledge, investigation, at law or in equity, before or by any court orgovernmental oradministrative authority, commission, board, agency or instrumentality pending or, to the best of the county's knowledge, threatened, against the county, wherein an unfavorable decision, ruling or finding, in any single case or in the aggregate, would materially adversely affect the performance of the County's obligations hereunder or in connection with the other transactions contemplated hereby or which, in any way, would adversely affect the validity or enforceability of this Contract or any Agreement or instrument entered into by the County in connection with the transactions contemplated herein. ARTICLE 8 Contractor Compensation 8.1 Contractor Compensation. Mason County will pay the Contractor on a monthly basis for all work performed, providing the Contractor submits to Mason County a statement, which indicates services provided and costs of said services, by the 15' of each month. If the invoice remains unpaid 45 days after the issue date of the invoice, the Contractor will assess a 1.5%finance charge. If County disputes all or any portion of a submitted statement, it will raise such dispute within 180 days of receipt of such statement. Failure by County to timely raise a dispute regarding a submitted statement shall constitute a release and waiver by County of any rights in respect of, and shall constitute a bar on, any claims or requests for relief by County on the basis of such statement dispute or claim. 100114212.1DOCKIPage 22 of 58 The County agrees to pay Contractor at the following transportation rate ("Transportation Rate"), plus applicable fees and taxes: Item Rate (per ton) Receiving &Transport Rate $35.50 Contractor may increase the Transportation Rate in accordance with Annual Rate Adjustment section below. Contractor may also adjust the total Compensation owed hereunder to account for: (a) any change in state or local fees, taxes, or other similar charges applicable to the Services (b) actual cost increases resulting directly from compliance with governmental regulations that may become effective during the Term of this Agreement, (c) any Change in Law, as defined above, or (d) other Uncontrollable Circumstances that increase the Contractor's cost of providing the Services. Simultaneous with providing notice of any price increase, Contractor will provide reasonable documentation substantiating the basis for and calculation of the increase. The County shall have the right to terminate this Agreement, upon ninety (90) days' written notice, upon the increase of the Transportation Rate that is in excess of the Annual Rate Adjustment set forth below. 8.2 Annual Rate Adjustment. The Transportation Rate shall be adjusted on July 1, 2024, and annually thereafter, by an amount equal to 100%of the annual percent positive change(from December 31 to December 31) in the Consumer Price Index ("CPI"), All Urban Consumers, West Region All Items, 1982-1984=100 - CUUR0400SA0, as published by the Bureau of Labor Statistics (http://www.bls.gov/cpi/home.htm). Contractor shall notify the County of any rate adjustments hereunder at least THIRTY (30) days in advance, provided however, that Contractor's failure to notify the County of such rate adjustments prior to the annual adjustment date shall not waive Contractors right to adjust rates at any time thereafter. The July 1st rate adjustment would be based on the percent change in CPI for the period ending the preceding December 31st The Contractor may increase or decrease the Transportation Rate in accordance with a fuel adjustment. The transportation rate set forth in this contract will be subject to a fuel adjustment on July 1, 2024, and every six months thereafter. The adjustment will be based on the difference between actual fuel costs incurred compared to the initial base rate of$4.50 per {00114212.DOCX.}Page 23 of 58 gallon or$6.84 per ton of the Receiving Services and Transport Services fee. The contractor shall provide the County with documentation of actual fuel costs on request. The adjustment will be calculated by using the preceding 12-month average monthly price of fuel less the base rate of $4.50 per gallon. For example, if the monthly average fuel price is $4.75 per gallon, the fuel portion of the Receiving Services and Transport Services fee will be increased by 5.56% (12- Month Avg. Pricing— Base Rate)/(Base Rate)). In this scenario, the fuel portion of the Fee would then increase by$0.38 per ton ($6.84 per ton x (1+5.56%)). If the average pricing decreased to an average of$4.00 per gallon the transport Compensation would decrease by ($0.76) per ton ($6.84 per ton x (1-11.1%)). For purposes of this calculation, the actual fuel costs shall mean the net expense incurred by the contractor for fuel, including any incentives or carbon offset rebates received by the contractor for the use of renewable diesel or other alternative fuel. For further clarity with respect to the calculation of the fuel adjustment, a fuel adjustment chart is attached hereto as Exhibit F and incorporated herein. (a) Acceptable Increases. After receiving a request from Contractor to do so (which request shall be substantiated to the County's reasonable satisfaction in accordance with this Section) the County shall increase Compensation by one hundred percent of the Contractor's reasonable actual increased costs of performing the Project due to the events described below: (i) Uncontrollable Circumstances. Compensation shall be increased to remedy Uncontrollable Circumstances only to the extent permitted under Article 9. (ii) Change in Certain Laws. Compensation shall be increased to reflect the reasonable actual cost of Contractor's compliance with a Change in Law. (iii) Additional Work. Compensation may be increased for additional work performed in accordance with Article 14. (iv) Transfer Station Location. Compensation shall be increased pursuant to Section 7.7 in the event the Transfer Station is located outside of the area specified in that Section. (v) Operating Cost Adjustments. At any time during the term of this Contract, the Contractor may also petition the County for additional rate and price adjustments at reasonable times on the basis of material or unusual changes in its costs of operations not otherwise the basis of any other rate adjustments herein. Any petition from Contractor made pursuant to this section 8.2(a)(v) would be subject to the parties' mutual agreement and County's approval. (b) General Conditions and Limitations on Compensation Increases. The County shall increase Compensation under Section 8.2(a)(i) and (ii) only for costs incurred that are a reasonable costly means of remedying the effects of an Uncontrollable Circumstance in accordance with Article 9 or for ensuring full compliance with a relevant Change in Law {00114212.DOCX.}Page 24 of 58 including changes in fees or surcharges and, in accordance with Article 14, for additional work. No Compensation increase shall be allowed for any cost increases that are in any way attributable to conditions, structures, operations, or activities caused by the Contractor or 'its subcontractors, employees, agents, or servants or are otherwise within Contractor's control. The Contractor must fully demonstrate, document, and substantiate the need for the requested Compensation increase to the County's satisfaction and approval as a condition precedent to the Contractor's right to Compensation increase under this Section. The County shall not unreasonably withhold, condition, or delay its consent to any requested rate increase. In the event the County fails or refuses to consent to any such requested rate increase, the Contractor may, in its sole discretion, terminate this Agreement upon one hundred and eighty (180) days' written notice to the County. (c) Cancellation of Compensation Increases. On the County's request, Contractor shall immediately provide the County with all documents, information or other evidence in the Contractor's possession or control that the County requests to determine whether there is a continuing need for Compensation increases which have been provided or approved pursuant to 8.2(a)(i-v). In the event the County determines that a Compensation increase under those Sections is no longer necessary, the County may cancel that Compensation increase upon thirty (30) days' written notice to the Contractor. If the Contractor objects to that cancellation within that thirty (30) -day period, the matter shall be resolved by arbitration in accordance with Article 16. Until that resolution, Compensation shall not be reduced; however, the Contractor shall deposit the disputed portion of Compensation into an interest-bearing account acceptable to the County until the matter is resolved and the amount on deposit is awarded or allocated to the parties. The Contractor shall at. all times keep. the County informed as to whether any Compensation increase remains necessary.8.3 Compensation Decreases. At any time during the term of this Contract, the County may review any previous requests made by the Contractor under 8.2.a.(v) Operating Cost Adjustments, for the purposes of determining if such requests based on material or unusual changes continue to warrant a previously approved rate adjustment. Any compensation decreases requested by the County as a result must be mutually agreed upon by the Contractor. In the event the Contractor does not consent to any such requested rate decrease, the County may, in its sole discretion, terminate this Agreement upon one hundred and eighty (180) days' written notice to the Contractor. 8.4 Other Compensation Adjustments or Charges. (a) Alternate Facilities. If the County chooses to require that waste transported on behalf of Mason County be disposed of at a Washington or Oregon Disposal Site, the County shall adjust Compensation to reflect reasonable adjustments in the Contractor's costs of Transportation to the Washington or Oregon Disposal Site in accordance with the rates set forth in Exhibit D attached hereto. (b) Liens. The County may deduct from Compensation due the Contractor under Article 8 of this Contract the amount necessary to pay any lien filed against any one or {00114212.DOCX.}Page 25 of 58 more of the Facilities (including any real or personal property) required tofu I ly perform the Contract including without limitation any fed era I or state tax Iien,creditor's lien,mechanicsor materialmen's lien, and the county may pay any such lien, to the extent such lien was filed as a result Contractor's nonpayment to any of its subcontractors. (c) Unacceptable Waste. The County shall reimburse the Contractor in accordance with Section 10.4forthecost of testing, inspecting, handling and/or disposing of Unacceptable Waste. (d) Mutually Agreed Adjustments. Nothing in this Section prohibits nor shall it be construed to prohibit the adjustment of Compensation or any other payment or fee at any time by mutual consent of the Parties, to reflect changes in load weights, equipment, routes or for any other reason mutually agreed upon. (e) Additional Work. Compensation may, subject to the County's prior written approval, be increased for additional work or services performed in accordance with Article 14 of the Contract by an amount equal to the Contractor's actual reasonable cost of performing that work or services plus ten percent (10%) of those costs. 8.5 Payment. (b) Disputes. All unresolved disputes concerning the calculation of or adjustment in accordance with this Article 8 shall be resolved by arbitration in accordance with Article 16. However, the undisputed portion of the adjustment shall be made effective promptly; further adjustment shall be made effective on the resolution of the dispute under Article 16. In addition to any portion of the disputed adjustment ultimately awarded, the arbitrator(s) may also award to the Contractor interest on the disputed amount from the date Compensation component or payment adjustment was effective. The interest rate shall be determined by the arbitrator(s) and interest award paid within a period determined by the arbitrator(s), but in no event later than twelve (12) months from the effective date of the payment adjustment. The interest award may be made by means of a further increase or decrease in the payment made to the Contractor. ARTICLE 9 Allocation of Risk: Uncontrollable Circumstances 9.1 Contractor Reliance. The Contractor warrants that prior to entering this Contract, it has examined carefully and acquainted itself with the Contract, the Project, the Transfer Station and transportation routes, the difficulties that may be encountering in performing the Project, including without limitation, local periodic frost flooding and other 100114212.1DOCKIPage 26 of 58 weather conditions, all Applicable Laws and any and all other matters necessary to the performance of this Contract. 9.2 County Disclaimer. The County does not warrant or admit the correctness of any investigation, interpretation, deduction, or conclusion by the Contractor relative to the solid waste transportation services issued in connection with this Contract or to the condition or conditions of the Transfer Station. The Contractor has made and shall make its own deductions and conclusions as to any and all problems that may arise from site conditions. 9.3 Uncontrollable Circumstances (a) Uncontrollable Circumstances Limited. The Contractor's obligations to provide Transport services under this Contract and the County's obligation to pay Compensations under the Contract are subject to Uncontrollable Circumstances that may necessarily and unavoidably prevent or substantially increase the cost of Contractor's performance of the Project or County's performance of its obligations hereunder. No other events shall excuse nonperformance of the obligations of the parties. (b) Notification: Reconstruction: Compensation Increases. As soon as possible after the occurrence of an Uncontrollable Circumstance, but in no event later than forty-eight (48) hours following the time the knowledgeable party becomes aware of the Uncontrollable Circumstance, such party shall notify the other of the event. If the occurrence of the Uncontrollable Circumstance damages, destroys or otherwise incapacitates any of the Equipment or otherwise prevents the Contractor from performing the services, the Contractor shall, at the earliest practicable time, activate the alternate transportation plan prepared in accordance with the Contract. (c) Obligation to Provide Alternate Facilities. If the Contractor on the occurrence of an Uncontrollable Circumstance, cannot or fails to provide services under this Contract, the Contractor shall make available to the County alternate transportation to a disposal site in accordance with the approved alternative facilities contained in Exhibit D. The County shall compensation Contractor as outlined in Exhibit D.. The Contractor shall not receive a Compensation increase or any other additional Compensation for the use of alternative transportation unless that use is necessitated by the occurrence of an Uncontrolled Circumstance or is otherwise permitted pursuant other provisions of this Contract. (d) Disputes. Unresolved disputes concerning the of the cost of remedying the effects of an Uncontrollable Circumstance shall be resolved by arbitration in accordance with Article 16. ARTICLE 10 Ownership: Inspection of Waste: Unacceptable Waste {00114212.DOCX.}Page 27 of 58 10.1 Ownership. Subject to the limitations and conditions of this Article, title to Solid Waste that is loaded into a Trailer shall pass tothe Contractor in accordance with the Specifications at the Transfer Station as soon as the Contractor accepts that Solid Waste but in no event later than the moment the Trailer is removed from the boundaries of the Transfer Station. The Contractor shall have the right to recycle or reuse any waste to which it receives title under this Contract and to retain any payments it receives for the sale of recycled or reused materials. Title to Unacceptable Waste shall at all times remain with the generator thereof, in accordance with Section 7.8 above. 10.2 Transfer Station Inspection Program. The County shall establish and maintain a program of operating and monitoring procedures for the Transfer Station reasonably calculated to prevent the loading of Unacceptable Waste into Trailers. Transfer Station operators shall be instructed and trained to implement the program. 10.3 Waste Inspection at Disposal Site: Handling of suspected Unacceptable Waste. (a) In that event any Unacceptable Waste is inadvertently accepted by Contractor, Contractor shall take immediate action to minimize any environmental damage that may be caused by the transport or delivery of Unacceptable Waste from the Transfer Station to the Disposal Site. Contractor shall be reimbursed by the County for handling and disposing of Unacceptable Waste in accordance with Section 10.4(b). (b) The Contractor shall take all reasonable steps to oversee and arrange for the proper disposal of Unacceptable Waste in accordance with law, and assist Ecology (or equivalent agency) and the County in determining the source of the Unacceptable Waste delivered by the Contractor to the disposal site. (c) The Contractor may inspect the contents of all Trailers. The County may be present to observe any inspection conducted under this Article and may at its sole discretion and cost inspect any waste delivered to the Disposal Site under this Contract. If the Contractor discovers Unacceptable Waste or waste that the Contractor suspects is Unacceptable Waste in a Trailer, the Contractor shall: (i) orally notify the County of the discovery of the suspected or actual Unacceptable Waste within one (1) hour of that discovery unless that discovery occurs after 4 p.m. in which event notification shall be given to the County the next business day. (ii) gather, preserve, maintain, and make available to the County all evidence demonstrating that the Unacceptable Waste was placed into the Contractor's Equipment pursuant to this Contract including without limitation the transportation route and schedule of the transportation of the Trailer to the Disposal Site, the time the Trailer was delivered to the Disposal Site, any photographs of the Unacceptable Waste or Trailer or otherwise that might establish that the waste is Unacceptable Waste and/or was delivered pursuant to this Contract, samples of Acceptable Waste from. the Trailer that may demonstrate that the Trailer was delivered to the Disposal site under this Contract and/or may demonstrate the origin of the Unacceptable Waste, laboratory results (if any), any statements or 100114212.1)OCKIPage 28 of 58 documentation provided by federal, state or local authorities regarding the character of the waste and any other material or documentation the County reasonably believes is relevant thereto; (iii) test or arrange to have tested at the Contractor's own expense the waste to ascertain whether that waste is Unacceptable Waste; (iv) permit the County to inspect that Unacceptable Waste with in seventy-two (72) hours of notice by the Contractor to the County of the existence of that Unacceptable Waste, test the Unacceptable Waste within a reasonable period of time and examine all other evidence gathered by the Contractor under Section 10.3 (b), above, at any time after the discovery of that Unacceptable Waste; for purposes of any inspection conducted pursuant to this section, the County shall have unrestricted access to the Trailer and/or any other Equipment in which the Unacceptable Waste was loaded and/or transported; and (v) arrange for proper disposal of the Unacceptable Waste and seek reimbursement from the County for the actual reasonable cost of that disposal in accordance with Section 10.4. 10.4 Liability for Testing. Inspecting. Handling and/or DisaosinQ of Unacceptable Waste. (a) Absence of Unacceptable Waste. If, after inspecting and/or testing the waste the County discovers no Unacceptable Waste, or discovers that the Unacceptable Waste was not transported by Contractor under this Contract, the Contractor shall arrange for disposal of that waste at no additional cost to the County.. (b) Procedures After Unacceptable Waste Discovered. If Unacceptable Waste is discovered at the Disposal Site, and there is proof satisfactory to the County(acting reasonably) that the Unacceptable Waste was delivered to the Disposal Site under this Contract, and the Contractor complies with all the requirements of this Article, the County shall pay or reimburse the Contractor for the actual reasonable cost of the inspection, testing, identification, handling and disposal of that Unacceptable Waste, subject to the limitations and conditions of this Article. Payment or reimbursement by the County will only be made if the Contractor: (i) complies with the requirements of this Article including but not limited to subsections 10.3 (a) through (c), above; (ii) assists the County to the extent possible in ascertaining the Person previously owning or responsible for the delivery of the Unacceptable Waste to the Transfer Station; and (iii) documents its actual costs, the reasonableness of those costs {00114212.DOCX.}Page 29 of 58 of inspecting, testing, identifying, handling and/or disposing of the Unacceptable Waste in compliance with Applicable Law. (c) Payments to Contractor. Any payments or reimbursement made by the County to the Contractor under this Section shall be paid in four (4) consecutive quarterly installments or a single lump sum payment at the County's sole discretion. The first installment or the lump sum payment shall be paid on the fifteenth (15t") day of January, April, July or October, whichever date first occurs thirty (30) days after the Unacceptable Waste was discovered at the Disposal Site pursuant to this Article. The County shall also pay the Contractor interest accruing on any payment due under this Article from the date the costs are incurred to handle and Dispose of the Unacceptable Waste to the date payment for that handling and Disposal is made. Any unresolved disputes arising under this Article relating to the Contractor's actual reasonable costs shall be resolved by arbitration in accordance with Article 16. 10.5 Notice of Change in Law--Unacceptable Waste. In the event Contractor disposes of waste under this Contract at a Disposal Site located outside of the State of Washington, Contractor shall provide the County with notice of any change in the law of such state which regulates the type of materials which may lawfully be transported to, and/or disposed of at the Disposed Site, within 48 hours of receipt by Contractor of knowledge of such change. ARTICLE 11 Indemnification 11.1 Indemnity. To the fullest extent permitted by law, the Contractor agrees to indemnify, defend and hold the 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, reasonable 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 there from) to the extent which: (a) are caused in whole or in part by any negligent act or omission or willful misconduct, of the Contractor, its employees, agents or volunteers or Contractor's subcontractors and their employees, agents, or volunteer s; or (b) resulting from, or in connection with Contractor's breach of this Agreement; or (b) are based upon the Contractor's or its subcontractors' violation of law. This indemnification obligation of the Contractor shall not apply in the limited circumstance where the claim, damage, loss, or expense is caused by the sole negligence of the County. This indemnification obligation of the Contractor shall not be limited in any way by the 100114212.DOCKIPage 30 of 58 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 Agreement, are reflected in the Contractor's Compensation, and have been mutually negotiated by the parties. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to Persons or damages to property caused by or resulting from the concurrent negligence of Contractor and the County, then Contractor's obligation to indemnify the County shall only apply to the extent of Contractor's portion of contributory negligence . 11.2 Participation by County- No Waiver. The 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 Agreement. 11.3 Survival of Contractor's Indemnity Obligations. The Contractor agrees all Contractor's indemnity obligations shall survive the completion, expiration or termination of this Agreement. 11.4 Indemnity by Subcontractors. In the event the Contractor enters into subcontracts to the extent allowed under this Agreement, the Contractor's subcontractors shall indemnify the County on a basis equal to or exceeding Contractor's indemnity obligations to the County. ARTICLE 12 Contractor and County Liability Insurance 12.1 Insurance. For the duration of this Agreement the Contractor shall maintain in effect all insurance as required herein and comply with all limits, terms and conditions stated therein. Work under this Agreement shall not commence until evidence of all required insurance and bonding is provided to the County. Evidence of such insurance shall consist of a completed copy of the Certificate of Insurance signed by the insurance agent for the Contractor and returned to the Mason County Deputy Director of Utilities/Waste Management. If for any reason, any material change in the coverage occurs during the course of this Agreement; such change will not become effective until 30 days after Mason County receives written notice of such material change. The policy shall be endorsed, and the certificate shall reflect that Mason County is an additional insured on the Contractor's general liability policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor pursuant to this Agreement, including materials, parts or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the 100114212.DOCKIPage 31 of 58 Contractor under this Agreement. The policy shall provide, and the certificate reflect that the insurance afforded applies separately to each insured against whom a claim is made, or suit is brought except with respect to limits of the company's liability. 12.2 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 five million dollars ($5,000,000) per occurrence for all covered losses and no less than ten million dollars ($10,000,000) general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Contractor may use a combination of primary and excess liability insurance to meet required limit. (b) Workers' Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits for the Contractors, with two (2) or more employees and/or volunteers, 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 five million dollars ($5,000,000) 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 the 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) Site Pollution Incident Legal Liability Insurance including transportation coverage shall be written with limits not less than five million dollars ($5,000,000) combined single limit per occurrence for bodily injury, personal injury, property damage, cleanup costs,and legal defense expenses. (e) Umbrella or excess liability policies shall provide coverage at least as broad as specified for underlying coverages and covering those insured in the underlying policies. Coverage shall be "pay on behalf', with defense costs payable in addition to policy limits. There shall be no cross-liability exclusion of claims or suits by one insured against another. 12.3Certificate of Insurance. A Certificate of Insurance naming County as the Certificate Holder must be provided to County within five (5) days of Contract execution. 12.4 Basic Stipulations. 100114212.1DOCKIPage 32 of 58 (a) Contractor may self-insure if the following conditions are met: (i) Contractor has a formal self-insurance program in place prior to execution of this Agreement. If a corporation, Contractor must have a formal resolution of its board of directors authorizing self-insurance. (ii) Contractor agrees to protect the County, its boards, officers, agents and employees at the same level as would be provided by full insurance with respect to types of coverage and minimum limits of liability required by this Agreement; (iii) Contractor agrees to defend the County, its boards, officers, agents and employees in any lawsuit that would otherwise be defended by an insurance carrier; (iv) Contractor agrees that any insurance carried by the County is excess of Contractor's self-insurance and will not contribute to it. (v) Contractor provides the name and address of its claims administrator; (vi) Contractor submits its most recently filed its 10-K or audited annual financial statements for the three most recent fiscal years; (vii) Contractor agrees to inform the County in writing immediately of any change in its status or policy which would materially affect the protection afforded the County by this self-insurance (b) Contractor agrees to endorse third party liability coverage required herein to include as additional insureds County, its officials, officers, employees, volunteers, and agents, using ISO endorsement CG 20 10 with an edition date prior to 2004. Contractor also agrees to require all Contractors, subcontractors, and anyone else involved in this Contractor on behalf of the Contractor (hereinafter "Indemnifying Parties") to comply with these provisions. (c) 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. (d) 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. (e) 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. 100114212.1DOCKIPage 33 of 58 (f) Contractor agrees to provide evidence of the insurance required herein, satisfactory to County, consisting of: (i) certificate(s) of insurance evidencing all of the coverages required and, (ii) an additional insured endorsement to Contractor's general liability policy using appropriate ACORD form. Any actual or alleged failure on the part of County or any other additional insured under these requirements to obtain proof of insurance required under this Contract in no way waives any right or remedy of County or any additional insured, in this or in any other regard. It is acknowledged by the parties of this Contract that all insurance coverage required to be provided by Contract or indemnifying party, is intended to apply first and on a primary non- contributing basis inrelation to any other insurance or self-insurance available to County. (g) 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 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. (h) The limits of insurance as described above shall be considered as minimum requirements. Should any carried by Contractor, or a subcontractor of any tier maintain insurance with limits of liability that exceed the required limits or coverage that is broader than as outlined above, those higher limits and broader coverage shall be deemed to apply for the benefit of any Person or organization included as an additional insured and those limits shall become the required minimum limits of insurance in all Paragraphs and Sections of this Contract. (i) None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to County and approved of in writing. (j) The requirements in this Article supersede all other Sections and provisions of this Contract to the extent that any other Section or provision conflicts with or impairs the provisions of this Article. (k) Unless otherwise approved by County, insurance provided pursuant to these requirements shall be by insurers authorized to do business in Washington and with a minimum A.M. Best rating of A-: VII. (1) All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Contract limits the application of such insurance coverage. 100114212.1DOCKIPage 34 of 58 (m) Contractor agrees to require insurers, to provide thirty (30) days' notice to County prior to cancellation of such liability coverage in accordance with the notice provisions of the applicable policies. Contractor shall assure that this provision also applies to any subcontractors,joint ventures or any other party engaged by or on behalf of Contractor in relation to this Agreement. Certificate(s) are to reflect that the issuer will provide notice to County of any cancellation of coverage in accordance with the notice provisions of the applicable policies. (n) Requirements of specific coverage features are not intended as limitation on other requirements or as waiver of any coverage normally provided by any given policy. Specific reference to a coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all-inclusive. (o) Contractor agrees to provide immediate notice to County of any claim or loss against Contractor arising out of the work performed under this agreement. County assumes no obligation or liability by such notice but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve County. (p) Throughout the Term of this Agreement, the County shall maintain, at its expense, property insurance which fully insures and protects against loss resulting from damage to the Transfer Station building caused by fire or other casualty. All such insurance policies shall be issued by an insurance company authorized to do business in the State of Washington. ARTICLE 13 Coordination Meetinjzs 13.1 Initial Coordination Meeting. Prior to the commencement of services under this Contract, the Contractor, County, principal subcontractors, and others requested by either party shall meet in Shelton, Washington to discuss scheduling, processes, materials, change orders, personnel and any other matters the parties deem appropriate. 13.2 Periodic Coordination Meetings and Reports. The County and the Contractor shall hold periodic coordination meetings in Shelton, Washington but no lessthan one every six (6) months to review the progress ofthework and to discuss operations, problems and/or complaints made by third parties. Any cost incurred by any Person to attend a coordination meeting shall be borne by that Person. Either the County or the Contractor may organize, call, and notify the other party of that meeting. If requested, the Contractor shall submit a reporttothe County no later than ten(10)calendar days before that meeting regarding operations, problems, complaints, or any other matter relating to or arising under the Contract. {00114212.DOCX.}Page 35 of 58 ARTICLE 14 Additional or Deleted Work 14.1 Payment or Credit for Addition Services. All requests for payment for services or work under this Contract in addition to the services of work described in the Contract shall be made only under the conditions and procedures of this Article. For purposes of this Article, the term "Additional Work" means work that is in addition to the Project or other work required to be performed under the Contract or any amendments thereof but does not include any work required to comply with any Changes in Law, statutes, rules, regulations, ordinances, permit(s), permit conditions or regulatory provisions. Nothing in this Article is intended to negate or lessen any other precondition or procedure for payment or reimbursement provided in this Contract. 14.2 Additional Work. (a) The County shall submit to the Contractor a written request to perform any work or services additional to those performed under this Contract. Within thirty (30) days of that request, the Contractor shall submit to the County an itemized proposal stating the Contractor's actual costs for performing the additional work or services, a schedule, and the impact the performance of that additional work or services will have on the Contractor's performance under this Contract. (b) , If the County approves the Contractor's written request for additional work or services and proposal,the County shall notifythe Contractor inwriting and order the Contractor to proceed. Unless the Contractor performed to remedy what a reasonable Person would recognize asan emergency, the Contractor shall not be entitled to Compensation increases for the additional work or services performed unless the County orders the Contractor to perform the work or services in accordance with this Article. (c) Unresolved disputes concern ingthecalculationof, or adjustments to Compensations under this Section shall beresolved by arbitration in accordance with Article 16. ARTICLE 15 Defaults in Performance of the Contract/Termination of Contract 15.1 Contractor Default. There shall be four classes of defaults by the Contractor in its performance under this Contract. (a) Class A default is: (1) Without the consent of the Contractor, the entrance of a decree or order under Title 11 of the United States Code, or any other applicable bankruptcy, insolvency, reorganization, or similar law, or appointing a receiver, liquidator, trustee, or similar official of contractor or any substantial part of its properties, and such decree or {00114212.DOCX.}Page 36 of 58 order shall remain in effect (and not be stayed) for sixty (60) consecutive days; or (2) The filing by Contractor or of a petition, answer or consent seeking relief under Title 11 of the United States Code, or any other similar applicable bankruptcy, insolvency, reorganization, or other similar law, or consent to the institution of proceedings thereunder or the filing of that petition or to the appointment of a receiver, liquidator, trustee, or other similar official of the Contractor or of any substantial part of the properties of the Contractor, or the making of a general assignment for the benefit of a creditors; or (3) failure to perform the basic Solid Waste Transport services required under this contract, and it appears to the County's Representative, in that Representative's reasonable judgment, that the Contractor has abandoned the Project. (4) Failure to provide, replace and/or maintain the contract performance bond, letter of credit or other performance guarantee required by Section 6.4. (b) Class B default includes, on the commencement of services under this Contract, the Contractor's: The Contractor's failure to commence the Solid Waste Transport services hereunder in compliance with Applicable Law and in substantial and material compliance with the Specifications, on the date designated by the County. (2) failure to substantially perform the basic Transport and/or Disposal services under this Contract on three (3) or more occasions of three (3) days duration in any given year; or (3) direct or indirect change of control or transfer of controlling interest in the beneficial ownership of the Contractor other than as expressly permitted under in Section 16.3; (4) contamination of the environment in violation of any Applicable Law as a result of its negligent operations under this Contract. (c) Class C default includes the Contractor's failure to procure and maintain insurance under Article 12. {00114212.DOCX.}Page 37 of 58 (d) Class D default includes any other failure by the Contractor to perform its obligations pursuant to the material terms of this Contract. Notwithstanding any in this Section to contrary, a delay or interruption in the performance of all or any part of the contract resulting from Uncontrollable Circumstances shall not be deemed a default under this Section. 15.2 Consequences of Contractor Defaults. (a) Class A Default. In the event of a Class A default, the Contractor or surety shall be permitted to remedy the default within thirty (30) days from notice by the County. If the Class A default is not remedied within thirty (30) days of that notice, the County may, at its sole option: (1) be released from its obligations under this Contract and use any other method or Person to transport waste and may sue for actual damages; (2) seek a judicial remedy of specific performance; or (3) purse any combination of the foregoing or any other remedy provided under this Contract including but not limited to recovering actual damages caused by Contractor's Class A breach. (b) Class B Default. In the event of a Class B default, the Contractor or Surety shall be permitted to remedy the default within ten (10) days from notice by the County and shall pay to the County the County's actual damages and costs for providing alternative Transportation of Acceptable Waste or otherwise operating after the change in ownership under Section 17.3. If the Class B default is not remedied within ten (10) days, the County may at its sole discretion: (1) be released from its obligations under this Contract and use any other method or Person to Transport Acceptable Waste and may collect from the Contractor liquidated damages as set forth in Section 15.2(b)(4) below; (2) ; (3) seek judicial remedy of specific performance; (4) after the expiration of the ten (10)-day notice period, charge the Contractor an amount equal to actual tons of Acceptable Waste disposed by the County each day through any other mean multiplied by forty percent (40%) of Compensations then in effect under Article 8 per day for each day the Contractor fails to perform services due to the 100114212.1DOCKIPage 38 of 58 defaults set forth in Section 15.1 (b), (1), (2), or (4) (5) pursue any combination of the foregoing or any other remedy provided under this Contract. (c) Class C Default. In the event of a Class C default, the Contractor or the Surety shall be permitted to remedy the default if not cured by Contractor within fifteen (15) days from notice by the County, and Contractor shall pay to the County liquidated damages for failure to procure and/or maintain insurance in the types and amounts required by Article 12, a per day fee equal to twice the annual cost of obtaining that insurance on the day of the default divided by 365 (i.e., twice the daily cost of the insurance). The payment of liquidated damages for the failure to procure and/or maintain insurance under Section 15.2 (c) (1) shall be paid notwithstanding Contractor's reimbursement under Article 8 to the County of any cost incurred by the County to obtain or maintain insurance coverage. If a Class C default is not remedied within fifteen (15) days, the County may at its sole option exercise any of the remedies set forth for remedy of a Class B default under this Section. (d) Class D Default. In the event of a Class D default, other than a delay in the Project, the Contractor or Surety shall be permitted to remedy the default if not cured by Contractor within fifteen (15) days from written notice by the County. If the default is not remedied within that fifteen (15) days, Contractor shall thereafter pay to the County the County's actual damages. If a Class D default occurs on a chronic basis, is material to the provision of services under the Contract and is not remedied, the County may at its sole option terminate the Contract. 15.3 Termination. In addition to liquidated damages specific performance and any other remedies provided above, the County shall have the right to terminate this Contract: (a) immediately on the occurrence of an event of default described in Section 15.1 (a) or 15.1 (b), or (b) on the occurrence of any event of default described in Section 15.1 (c) or 15.1 (d), if that event of default shall occur and be continuing for ninety (90) days beyond the date the Contractor receives the default notice, occurs on a chronic basis, and is material to Contractor's provision of services under the Contract. Any unresolved dispute concerning whether an event of default is material for purposes of terminating the Contract shall be resolved in accordance with Article 16. In the event the County terminates the Contract, the Contractor shall be entitled to payment of any Compensation due prior to the effective date of the County's notice of termination of this Contract, but only to the extent the amount of such Compensation exceeds undisputed amounts owed to the County. The County shall retain the right to pursue any cause of action 100114212.1DOCKIPage 39 of 58 or assert any claim or remedy it may have against Contractor despite its termination of the Contract, or (c) with or without cause terminate this Agreement by giving written notice of their intention to terminate to the other party by certified mail and return receipt requested. Such termination shall, thereafter, be effective 365 days following the date of written notice, during which period of time the terms and conditions of the Agreement shall remain in full force and effect. (d) in the event the County fails to receive the necessary appropriation of funds in connection with the Agreement, then by providing 120 days written notice to Contractor 15.4 Default Procedure. (a) Notice. To initiate default proceedings under this Article, the County's Representative shall give the Contractor and its Surety written notice of the default specifying with particularity theeventofdefaultthathasoccurred and specifying the county's intention to declare the contractor in default. Unless the Contractor promptly cures such default or otherwise shows cause to the County's satisfaction why it should not be declared in default under the Contract, the County shall declare the Contractor in default and shall beentitled to theremediessetforth in Section 15.2 above. (b) No Adjustment for County Savings. If the County secures performance of the services described in this Contract at a cost less than Compensations established in accordance with Article 8, asadjusted in accordance with this Contract,the County shall retain that difference. (c) Procedure for Collection of Liquidated Damages. The County may draw upon the letter of credit provided by the Contractor if the County determines that a default has occurred, and that the County has or will incur costs as a result. The County may draw amounts equal to actual costs or liquidated damages, as applicable. In the event of a court or arbitrator's determination that all or part of any draw was not justified, the County shall repay theamount overdrawn to the Contractor together with interest at the rate of the Contractor's actual interest costs incurred in connection with the draw or portion thereof. (d) Offset of Compensations. Any amount due to the Contractor under this Contract at the time of default shall be reduced by any undisputed amount duetheCounty under this Contract. 15.5 County Default. For purposes of this Contract, a County event of default shall constitute the repeated or persistent failure or refusal by the County to fulfill any of its obligations under this Contract (unless that failure or refusal results from an Uncontrollable Circumstance). To initiate default proceedings under this Article, the Contractor's Representative shall give the County written notice of that default specifying with 100114212.1DOCKIPage 40 of 58 particularity the event of default that has occurred and specifying the Contractor's intention to declare the County in default. If within ninety (90) days of notice by the Contractor, except as provided in subsection (d) below, the County has failed to cure the default or threatened default will be promptly cured, the Contractor shall have the right to any or all of the following remedies to the extent provided by law: (a) Specific Performance. For each and every default, the Contractor shall be entitled to a judicial remedy of specific performance or mandamus requiring the County to specifically perform the County's responsibilities as provided in Article 7; it being agreed that in the case of a default by the County, Contractor's remedies at law will be inadequate. (b) Injunctive Relief. (1) For each and every default, the Contractor shall be entitled to the remedy of a permanent or temporary injunction, either in mandatory or prohibitory form, it being agreed that in the case of default, the Contractor's remedy at law is inadequate. (2) If the governing body of the County places as an agenda item before its deliberative body, any proposed ordinance, rule or other regulation that threatens, on its effective date, to precipitate a default of the County's responsibilities under Article 7, the Contractor may seek an injunction from a court of competent jurisdiction enjoining the County's deliberative bodyfrom enacting that ordinance, rule or regulation, if Contractor can show that Contractor will be irreparably damaged as a result of the enactment of that proposed ordinance, rule, or regulation. (c) Damages. For each and every County default, the Contractor may chargethe County the Contractor's actual reasonable costs incurred asa result of that default, but in no event greater than $5,000 per day. (d) Termination or Suspension of Contractor's Performance of the Contract. For any County default that within 120 days of the County's receipt of the notice required under this Section is not remedied and for which the County does not give the Contractor reasonable assurance that it will be remedied, and which occurs on a chronic basis and is material to the County's operations under the Contract, Contractor shall be entitled to terminate the Contract. (e) Limitation of Liability of the County. The obligations of the County under this Contract are limited obligations payable solely from such amounts as may lawfully be paid by the County for services of the type required to be rendered by the Contractor under this Contract. The obligations of the County hereunder shall not be payable from the general funds of the County and incurrence or non-performance of such obligations of the shall not constitute or create a legal or equitable pledge of, or lien or encumbrance upon or claim against, any of the assets or property of the County or upon any of its income, receipts or revenues other than upon its income receipts and revenues derived from its 100114212.1DOCKIPage 41 of 58 regulation and operation of a system for the handling of solid waste within its boundaries. The execution and delivery of this Contract by the County shall not impose any personal liability on the members, officers, employees or agents of the County. No recourse shall be had by the Contractor for any claims based on this Contract in his or her individual capacity, all such liability, if any being expressly waived by the Contractor by the execution of this Contract. 15.6 Contractor's Bankruptcy/Receivership. If during the term of this Contract the Contractor becomes insolvent, is dissolved, files a petition under any bankruptcy statute, isthe debtor in any involuntary bankruptcy casethat is notdismissed within sixty(60)days after the petition commencing that case is filed, makes a general assignment for the benefit of creditors, or if a receiver is appointed for the benefit of its creditors or on account of its insolvency, that event could impair or frustrate the Contractor's performance of this contract. Therefore, it is agreed that on the occurrence of any one or more of those events, the County shall be entitled to obtain from Contractor or its successor-in-interest, adequate assurance of future performance in accordance with the terms and conditions of this Contract. Failure of Contractor and Surety to comply with that request within ten (10) calendar days of service on both Contractor and surety of a written requestfrom the County for that assurance shall entitle the county to terminate or suspend Contractor's performance of the Contract. The County shall not be bound to the Contract by any trustee or receiver appointed to take' possession of any of the Equipment or the contractor's business. 15.7 No Waiver by County. Nothing in this Article, and no actions taken pursuanttothis Article shall constitute awaiver or surrender of any rights, remedies, claims or causes of action the County may have against Contractor or its surety under any other provision of this Contract or any provision of law. ARTICLE 16 Dispute Resolution 16.1 Good Faith Negotiation: Arbitration. (a) The parties shall attempt to resolve any and all disputes to the mutual satisfaction of both parties by good faith negotiations. (b) Whenever a party desires to initiate the dispute resolution process set forth in this Article, it shall do so by delivering a dispute notice to the other party. Upon delivery of any dispute notice, the Representative of the recipient thereof shall deliver to the party giving that dispute notice a signed and dated receipt therefor; which receipt shall serve as conclusive evidence of the date upon which such dispute notice was delivered, notwithstanding the provisions of Section 2.12. Within five (5) days after the delivery of a dispute notice, the parties shall meet for the purpose of negotiating a resolution of the dispute. 100114212.1DOCKIPage 42 of 58 (c) Subject to the conditions and limitations of this Article, controversies or claims arising out of or relating to Compensation,payments totheContractor orother calculations under Articles 6, 7, 8 and 15 of this Contract and any other unresolved disputes designated for arbitration in the contract shall be exclusively settled byarbitration inaccordance with this Article. All other controversies and claims shall be decided exclusively by the superior Court of the State of Washington in Mason County, Washington, unless otherwise agreed to by the parties. 16.2 Initiation of Arbitration. If any dispute related to the calculation of Compensation or any payment to the Contractor or any other fee or cost required under this Contract is not resolved by negotiations of the parties within twenty (20) days after the date wither party delivers to the other a notice of dispute, either party shall have the option to submit that dispute for resolution pursuant to arbitration as provided in this Article by delivering a request for final and binding arbitration to the other party (an "Arbitration Request"). 16.3 Selection and Qualification of Arbitrators. (a) Designation. Judicial Arbitration and Mediation Services of Seattle, Washington (JAMS) shall generate and deliver to the parties a list of five potential arbitrators. Each party shall strike one name from the list and return the list to JAMS, which shall appointthe arbitrator from amongthe remaining names. (b) Qualifications. The arbitrator shall be anattorney licensed to practice law in the State of Washington who has served as a full-time judge of the superior or appellate courts of the State of Washington. He/she shall be selected from an appropriate panel of experienced arbitrators as established by JAMS. (c) Replacement. If the arbitrator declines to act, dies or is otherwise unable to participate, JAMS shall designate a new arbitrator. If the impartial arbitrator declines, dies or is otherwise unable to act, a new arbitrator shall be chosen pursuant to subparagraph (a). 16.4 Powers of Arbitrator. The arbitrator shall have full power to make such regulations and to give such orders and directions as he/she shall deem expedient with regard to the matters submitted to the arbitrator for resolution, as well as in respect to the mode and times of executing and performing any of the acts, deeds, matters and things which may be awarded or directed to be done. Without limiting the generality of the foregoing, the arbitrator shall proceed with the following enumerated powers: (a) Nonappearance. The arbitration may proceed in the absence of any party or representative who, after due notice, fails to appear or fails to obtain a continuance. However, an award shall not be made solely on the default of a party, and the arbitrator shall require the appearing party who is present to submit such evidence as necessary for the making of an award. 100114212.1DOCKIPage 43 of 58 (b) Pre-Hearing Matters. The arbitrator may conduct such pre-hearing conferences as are necessary in his/her discretion to expedite and resolve the dispute. There shall be no discovery or dispositive motion practice except as may be permitted by the arbitrator; provided, however, that any such discovery or dispositive motion practice shall not conflict with or extend the time limits specified herein. If the arbitrator decides, in his or her sole discretion, that independent experts should be retained to determine particular issues, the arbitrator may retain such experts at the parties' expense and may award such expenses as part of the award in favor of the prevailing party. 16.5 Conduct of Proceedings. (a) Rules. The arbitrator shall not be bound by any rules of civil procedure or evidence, but rather shall conduct the hearing and other proceedings in a fair and equitable manner. (b) Hearing Date and Duration. The arbitration hearing shall commence not later than 30 calendar days after the appointment of the arbitrator. (c) Evidence. The arbitrator may require the parties to submit certain evidence by written declaration or in such other manner as the arbitrator deems appropriate. The arbitrator shall consider such written and oral testimony as reasonable businesspersons would use in the conduct of their day-to-day affairs. Live testimony and cross-examination shall be limited to that necessary to insure a fair hearing to the parties. (d) Venue. The arbitration hearing shall be held in Shelton, Washington, unless all parties agree otherwise. 16.6 Decision. The arbitrator shall make his or her award within thirty (30) days following the conclusion of the arbitration hearing. In rendering the award, the arbitrator shall set forth written findings of act and conclusions of law. The award shall be final and binding upon the parties, subject to the right of appeal and trial de novo in the manner, and within the time for appeal specified for cases subject to mandatory arbitration under RCW Chapter 7.06, provided that the time within which an appeal may be brought shall run from the date of receipt of notice of the award by the appellant. The appellant shall file the award and notice of appeal with the Superior Court and serve the notice of appeal on all other parties within the time period for bringing the appeal. The provisions of this Section shall constitute a stipulation to enter into arbitration-pursuant to the Superior Court Mandatory Arbitration Rules (MAR) within the meaning of MAR 8.1, provided the right to arbitrate, conduct of arbitration shall be governed by this Contract and not the MAR, except that MAR 7.1, 7.2, 7.3 and 8.1 shall apply with respect to appeals. 16.7 Provisional Remedies. Pending the selection of the arbitrator, any party may request JAMS to appoint an arbitrator for the limited purpose of awarding preliminary relief. This award may be immediately entered in any Federal or State court having jurisdiction thereof 100114212.1DOCKIPage 44 of 58 even though the decision on the underlying dispute may still be pending. Once appointed, the arbitrator may, upon request of a party, issue a superseding order to modify or reverse such preliminary relief or may himself/herself order preliminary relief pending a full hearing on the merits of the underlying dispute. Any such initial or superseding order of preliminary relief may be immediately entered in any Federal or State court having jurisdiction thereof even though the decision on the underlying dispute may still be pending. Such preliminary relief may be granted by the arbitrators only after notice to and opportunity to be heard by the opposing party unless the party applying futility by giving notice. 16.8 Final Remedies: Arbitrator's Fees. The arbitrator may grant any remedy or relief that the arbitrator deems to be just, equitable and within the scope of the parties' agreement, including specific performance of a Contract or injunctive relief; provided, however, that the arbitrator may not award any punitive or exemplary damages. Each party shall be responsible for its own attorney fees and costs. The arbitrator's fees and arbitration expenses shall be borne equally among the parties. 16.9 No Consolidation. There shall be no consolidation of any arbitration between the County and the Contractor with any other arbitration involving, arising from or relating to the Project without prior written approval from the County, which approval from the County shall be reasonably given. 16.10 Expedited Procedures In the event that the County determines, in its sole opinion, that the public interest requires a speedy resolution of any arbitrable controversy or claim regardless of the amount, the County shall have the option of electing resolution of the controversy or claim by the Expedited Procedures of the Commercial Arbitration Rules of the American Arbitration Association (Rules 54 through 58). 16.11 Venue. The parties agree that proper venue for any judicial proceeding to enforce any decision or award made by an arbitrator under this Section shall be exclusively in Mason county in the State of Washington. 16.12 Attorney Fees. In the event suit or action or arbitration is instituted to enforce any right granted herein, each party shall be responsible for payment of its own attorney fees and costs unless otherwise indicated in this Contract. 16.13 Standing. Only the County and the Contractor shall have standing to bring or become a party to arbitration claims or legal action under this Contract. ARTICLE 17 Successors Assignment 17.1 Contractor Delegation. The County executes this Contract with the Contractor as a qualified party to accomplish the Project. The Contractor's delegation of any Contract duties 100114212.1DOCKIPage 45 of 58 shall require the prior written consent of the County. Any delegation of duties shall not relieve the Contractor or the Surety of any liability and/or obligation to perform. 17.2 Assignment. The Contractor shall not assign any rights or obligations under or arising from this Contract without the prior written consent of the County unless otherwise permitted under Section 17.3. 17.3 Change in Control or Ownership. Any direct or indirect change in control or the transfer of a direct or indirect controlling interest in the beneficial ownership of the Contractor shall constitute a Class B default under the terms of this Contract unless the County consents to that transfer. "The transfer of a direct or indirect controlling interest of Contractor" shall include, but is not limited to, the transfer or assignment of twenty-five percent (25%) or more of the beneficial ownership of Contractor to or from a single entity, unless the County consents to that transfer or assignment; however, the following transfers or assignments shall not be construed as "the transfer of a controlling interest of Contractor": (a) intra-company transfers in the form of transfers between different subsidiaries or branches of the Contractor's parent corporation, or (b) if the Contractor, or its parent corporation, is a closely held corporation, transfers or assignments between individuals who own, in whole or in part, the parent or any subsidiary including transfers or assignments between or to (1) the individuals who own, in whole or in part, the parent or any subsidiary, (2) the spouses, surviving spouses and linear descendants (including adopted children) of the Persons described in (b)(1), above, (3) a trust estate, corporation, partnership or other entity owned by the Persons described in (b) (1), above and (4) a corporate trustee designated to act in a fiduciary capacity for the estate or trust of any Person described in (b)(1), above. Notwithstanding the foregoing, the County may in its sole discretion and at Contractor's sole expense (including but not limited to the County's attorney's fees, if any) determine that new ownership can adequately and faithfully render the service called for in this Contract for the remaining Term of the Contract, and the County may then elect to execute a novation, allowing new ownership to assume the rights and duties of this Contract and releasing the previous ownership of all obligations and liability. The new ownership would then be solely liable for any work and/or claims related to this Contract. 100114212.DOCX.}Page 46 of 58 17.4 Binding Effect. This Contract shall bind and inure to the benefit of the successors or assigns hereto, whether by merger, consolidation, transfer of assets or transfer of ownership of the Contractor. ARTICLE 18 Dissolution of the County and Successor to the County In the event that the County is dissolved of its solid waste functions and powers relative to this Contract are taken from the County by legislative act or by referendum of the people or by agreement, all of the duties, rights, and remedies of the County under the Contract, including, but not limited to, all bonds executed for this Contract, shall remain in full force and effect, and shall be transferred to either: (1) the successor to the County as specified by the legislative act or referendum by which the County is dissolved; or, (2)if nosuccessor tothe County is specified bytherelevant legislation or referendum,theStateof Washington shall be deemed to be the successor to the County under this Contract. ARTICLE 19 Term: Option to Renew 19.1 Term. The Term of the Contract shall begin on its execution, and unless renewed or sooner terminated by the County as provided in this Contract, shall end ten (10) years from the date Contractor commences Solid Waste transportation services hereunder. 19.2 Option to renew. (a)The parties shall have the right to request to renew the Contract for two (2) additional ten (10) -year periods under the same provisions and for the same Compensation calculated in accordance with Article 8 of this Contract, as may be adjusted from time to time. A party shall give the other party 180 days written notice of its intention to exercise its option to renew the Contract, and the receiving party shall provide either its acceptance or rejection of the renewal within thirty (30) days of its receipt of the notice of intention to exercise the renewal option. (b) In the event the parties elect to renew the Contract, the Contractor must provide, to the County at least 90 days before the expiration of the then current ten (10) -year period, a new letter of credit or other financial guarantee acceptable to the County in its sole discretion pursuant to Section 6.4, and such acceptance shall not be unreasonably withheld, conditioned or delayed. 100114212.1DOCKIPage 47 of 58 DATED this day of 12024. MASON COUNTY GARBAGE BOARD OF MASON COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON By: Sharon Trask, Chair Signature Randy Neatherlin, Vice Chair Title Kevin Shutty, Commissioner APPROVE AS TO FORM: Tim Whitehead, Ch. DPA {00114212.DOCX.}Page 48 of 58 EXHIBIT A PERFORMANCE BOND 100114212.DOCX.}Page 49 of 58 EXHIBIT B CERTIFICATE OF INSURANCE {00114212.DOCX.}Page 50 of 58 EXHIBIT C TECHNICAL REQUIREMENTS This section specifies minimum requirements for the operation of the solid waste transportation services. The requirements established herein are the minimum prescribed requirements and are not intended in any way to be inclusive or in any way to limit the Contractor to specific procedures or methods, but rather are intended to ensure the expected quality of solid waste transportation operation and maintenance. Trailers It is the intent of this section to ensure that Contractor equipment is suitable for long distance transport. Trailers shall be rigid and durable, corrosion resistant, nonabsorbent, easily cleanable, have watertight seals up to 18" above the floor, and suitable for handling with no sharp edges or other hazardous conditions. Trailers shall be capable of withstanding the hard use typically associated with handling solid waste. Trailers shall be designed, engineered, and rated to always perform satisfactorily and safely. Trailers shall be a maximum height of 14' (measured from ground) and shall have a width that does not require special permits for use on public roads. Overall outside length, height, bridge span and distance between axles of trailers when combined with tractor shall conform to all applicable, local, state and federal regulations. Trailers shall be of a top load design and shall be suitable for in-Trailer compaction of waste. Trailers shall be outfitted with a system to, in five minutes or less, easily net and tarp the top of trailer to 100% prevent fugitive trash releases and rainwater accumulations. Trailers shall be designed to allow dissipation of heat and expanding gases that may be generated during storage or transport to the disposal site. Maintenance and Repairs Trailers shall be maintained by the contractor in accordance with the manufacturer's recommended maintenance schedule and shall be always maintained in a safe working condition. Trailers shall be inspected at least monthly for corrosion, leaks, loose-fitting doors, holes or other damage to the top closing mechanism, seals, siding, frames, or other damage incurred during transport and disposal of waste and repaired as necessary. Each time the trailer is emptied, all waste shall be removed from the trailer and the contractor shall clean trailers as necessary to comply with the requirements of the jurisdictional health department(s) and to mitigate malodor, unsightliness, or attraction of vectors. If a trailer is damaged during loading the Contractor shall repair the trailer. The County will reimburse the Contractor for all reasonable costs or repairs, or replacement of Trailers 100114212.DOCKIPage 51 of 58 damaged through gross negligence of a Transfer Station operator. The Contractor, at its own expense, shall repair or replace trailers as necessary due to normal wear and tear. Provision and Storage Requirements A staging area will be provided at the transfer station where the Contractor shall deliver empty trailers and accept loaded trailers and may store empty and loaded trailers. Trailer provision and storage requirements include the following: The Contractor shall provide sufficient trailers to allow 2.0 times y Tons to be removed from the station each day, where y is the highest average tons per day recorded for any service month in the most recent 12 months service under the contract. The Contractor shall conduct its operation so that the Transfer Station throughput is less than or equal to the daily maximum set forth above at least one empty trailer is available at the transfer station. Loaded Trailers shall be stored at the staging area a maximum of 48 hours. The Contractor shall communicate with the Solid waste Program Manager daily to ensure an adequate number of trailers are provided. Personnel Contractor personnel shall be trained as required for specific tasks or functions in accordance with the specific responsibilities set forth in the Agreement for the various elements of this program. During periods of sickness and vacation, additional personnel must be available for the continued and uninterrupted operation of this collection program in the usual manner. LITTER CONTROL It is the responsibility of the Contractor to provide litter control when they are picking up loaded trailers. Litter control shall include: pickup of trailer staging area, sweeping of area to remove broken glass and other small debris, removal of trash and material deposited on the ground outside the containers. IT IS EXPECTED THAT TRAILER STAGING AREA WILL BE KEPT CLEAN AND LITTER FREE AT ALL TIMES. The Contractor shall provide a contact name and phone number to the County,for site personnel to report and request litter pickup. Response to requests for litter control shall be made within four hours, during business hours, or as soon as is reasonably feasible when notification for cleanup is made outside of business hours. EXCLUDED WASTE {00114212.DOCX.}Page 52 of 58 County agrees not to deposit in Contractor's equipment or place for collection by Contractor any radioactive,volatile, corrosive, highly flammable, explosive, biomedical, infectious, biohazardous, toxic or hazardous material as defined by applicable federal, state or local laws or regulations ("Excluded Waste"). County agrees to comply with any description of and/or procedures with respect to removal of contaminants or preparation of recyclable materials as reasonably provided by Contractor. Title to and liability for any Excluded Waste shall remain with the producer of said waste. HAZARDOUS MATERIALS Means any material which: (a) is required to be accompanied by a written manifest or shipping document describing the material as "hazardous waste" or "dangerous waste", pursuant to the generator's state, Washington or federal law, including, but not limited to, the Resource Conservation and Recovery Act, 40 CFR, Part 260-272, et seq. as amended, and all regulations promulgated thereunder and any such state equivalent or similar law; (b) contains polychlorinated biphenyl or any other substance the storage, treatment or disposal of which is subject to regulation under the Toxic Substances Control Act, 40 CFR, Part 761, et seq. as amended, and all regulations promulgated thereunder and any such state equivalent or similar law; (c) contains a radioactive material the storage or disposal of which is subject to state or federal regulation; or (d) is designated under the generator's state, Washington or federal law or regulation as a "dangerous waste", "toxic waste", "hazardous waste", "extremely hazardous waste" or "acutely hazardous waste". DATA COLLECTION The Contractor shall keep all transactions connected with this Agreement during the term of the Agreement and for six (6) years after the Agreement's expiration including, but not limited to all correspondence and invoices, weigh tickets or receipts issued at the Transfer Station or Disposal Sites.The Contractor shall at all times maintain an accounting system that uses generally accepted accounting principles consistently applied for all services rendered and materials supplied, including additional and deleted work, in connection with this Agreement. ACCIDENT REPORTS {00114212.DOCX.}Page 53 of 58 The Contractor shall promptly report in writing to the Deputy Director of Utilities/Waste Management, or their designee, all accidents whatsoever arising out of, or in connection with the performance of the work whether on, or adjacent to, the sites; giving full details and statements of witnesses. In addition, should death, serious injuries, or serious damage occur, the accident shall be reported by the Contractor immediately by telephone or messenger to the Deputy Director of Utilities/Waste Management or their designee. EXHIBIT D ALTERNATE OPERATIONS AND FACILITIES PLAN In the event that the designated Disposal Facility is not available to accept Acceptable Waste transported by Contractor, Contractor shall deliver such waste to one of the two below alternate Disposal Facilities, which are listed in order of preference. 1. First,to: Wasco County Landfill Transportation: $61.35 per ton Disposal Services: $27.00 per ton 2. If(1)above is not available to accept Acceptable Waste,then second to: Finley Buttes Landfill: Transportation: $76.15 per ton Disposal Services: $23.00 per ton The above rates shall be subject to the same rate adjustment provisions contained in the Agreement, including but not limited to annual CPI adjustments with respect to "transportation and disposal" and fuel surcharges with respect to transportation. {00114212.DOCX.}Page 54 of 58 EXHIBIT E EMERGENCY OPERATIONS PLAN Within one hundred and eighty (180) days of the parties' execution of this Agreement, the parties shall mutually approve an emergency operations plan and incorporate such approved plan herein in this Exhibit E. {00114212.DOCX.}Page 55 of 58 Exhibit F Fuel Cost Percent Fuel Rate Incr(Decr) Per Gallon Incr. (Decr.) Per Ton From Base Rate $3.00 -33.3% $4.56 -$2.28 $3.05 -32.2% $4.64 -$2.20 $3.10 -31.1% $4.71 -$2.13 $3.15 -30.0% $4.79 -$2.05 $3.20 -28.9% $4.86 -$1.98 $3.25 -27.8% $4.94 -$1.90 $3.30 -26.7% $5.02 -$1.82 $3.35 -25.6% $5.09 -$1.75 $3.40 -24.4% $5.17 -$1.67 $3.45 -23.3% $5.24 -$1.60 $3.50 -22.2% $5.32 -$1.52 $3.55 -21.1% $5.40 -$1.44 $3.60 -20.0% $5.47 -$1.37 $3.65 -18.9% $5.55 -$1.29 $3.70 -17.8% $5.62 -$1.22 $3.75 -16.7% $5.70 -$1.14 $3.80 -15.6% $5.78 -$1.06 $3.85 -14.4% $5.85 -$0.99 $3.90 -13.3% $5.93 -$0.91 $3.95 -12.2% $6.00 -$0.84 $4.00 -11.1% $6.08 -$0.76 $4.05 -10.0% $6.16 -$0.68 $4.10 -8.9% $6.23 -$0.61 $4.15 -7.8% $6.31 -$0.53 100114212.1DOCKIPage 56 of 58 $4.20 -6.7% $6.38 -$0.46 $4.25 -5.6% $6.46 -$0.38 $4.30 -4.4% $6.54 -$0.30 $4.35 -3.3% $6.61 -$0.23 $4.40 -2.2% $6.69 -$0.15 $4.45 -1.1% $6.76 -$0.08 $4.50 0.0% $6.84 $0.00 $4.55 1.1% $6.92 $0.08 $4.60 2.2% $6.99 $0.15 $4.65 3.3% $7.07 $0.23 $4.70 4.4% $7.14 $0.30 $4.75 5.6% $7.22 $0.38 $4.80 6.7% $7.30 $0.46 $4.85 7.8% $7.37 $0.53 $4.90 8.9% $7.45 $0.61 $4.95 10.0% $7.52 $0.68 $5.00 11.1% $7.60 $0.76 $5.05 12.2% $7.68 $0.84 $5.10 13.3% $7.75 $0.91 $5.15 14.4% $7.83 $0.99 $5.20 15.6% $7.90 $1.06 $5.25 16.7% $7.98 $1.14 $5.30 17.8% $8.06 $1.22 $5.35 18.9% $8.13 $1.29 $5.40 20.0% $8.21 $1.37 $5.45 21.1% $8.28 $1.44 $5.50 22.2% $8.36 $1.52 100114212.DOCX.}Page 57 of 58 $5.55 23.3% $8.44 $1.60 $5.60 24.4% $8.51 $1.67 $5.65 25.6% $8.59 $1.75 $5.70 26.7% $8.66 $1.82 $5.75 27.8% $8.74 $1.90 $5.80 28.9% $8.82 $1.98 $5.85 30.0% $8.89 $2.05 $5.90 31.1% $8.97 $2.13 $5.95 32.2% $9.04 $2.20 $6.00 33.3% $9.12 $2.28 100114212.DOCX.}Page 58 of 58 C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: John Taylor Ext. 806 Department: Parks&Trails Briefing: ❑X Action Agenda: ❑X Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): February 5,2024 Agenda Date: February 13,2024 Internal Review: ❑N Finance ❑X Human Resources ❑ Legal ❑ Information Technology ❑ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board's Use Only: Item Number: 8.11 Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken Ordinance/Resolution No. Contract No. County Code: Item• Amendment to the Sandhill Playground Equipment Contract Background/Executive Summary: On November 6,2023,the Commission approved a Contract for installing playground equipment at Sandhill by Wildwood Playgrounds NW in Portland,Oregon(Commission Briefing Attached).The bid specifications outlined a Turn-Key installation.After the execution of the contract,the concrete border needed to be added to ensure the ground cover remained in place,which was not quoted in the original bid(attached). The representative of Wildwood Playgrounds NW was notified, and a modified bid was requested to include the concrete barrier(attached). Budget Impact(amount, funding source,budget amendment): Initial bid(without concrete barrier): $137,177.64 Cost of barrier: $13,527.00 New bid amount: $151,854.43 Public Outreach (news release,community meeting, etc.): N/A Requested Action: That the Commission approve the additional funding to install the necessary concrete barrier. Attachments February 5,2024 Agenda Briefing October 23,2023 Agenda Briefing Initial Quote Dtd.09/27/2023 New Quote Dtd. 12/11/2023 12/11/2023 NOTE OUR NEW ADDRESS: WILDWOOD PLAYGROUNDS NW Quote 3707 NE Columbia Blvd Quote# PORTLAND OR 97211 11236-2A Rev 503.288.5797 1.800.875.7529 Bill to: Ship To: Mason County Parks and Trails Department Sandhill Park 2100 E Johns Prairie Road 1000 North East Sandhill Rd Shelton,WA 98584 Belfair,WA 98528 A/P Contact: On-Site Contact:John M.Taylor/Carl(Bud)Olson Email:jtaylor@masoncountywa.gov/carlO@masoncountywa.gov Phone#:360-463-9448/360-490-0669 Quantity Description Unit Price Ext.Price 1 PlaygroundEquipment.com-Fortnight Festival Unit $49,978.00 $49,978.00 Robertson Recreational Surfaces-Supply and Install 1367 sq ft 1 of IPEMA Certified Synthetic Turf Safety Surfacing System;8' $50,085.00 $50,085.00 CFH;Buffing attenuation;150 LF of nailer is included;Envirofill infill;Prevailing wage;Note:Assumes good access;NO Design;All site prep,sub base,borders,security and fencing by OTHERS. 1 Pacific Premier Scape-Site Prep;Receive,unload and install $28,490.00 $28,490.00 playground equipment and border timbers 1 Optional Add On:Excavation and Installation of Concrete $13,527.00 $13,527.00 Curbing,install of subgrade and drainage. 1 Optional Add On:Excavation and Installation of Plastic 4X4 with $12,052.00 rebar and pins.,install of subgrade and drainage. 1 Estimated Freight to 98528 $5,375.00 $5,375.00 An additional charge may be added for liftgate 1 Discount -$7,497.00 -$7,497.00 Please Note:Quoted at Prevailing Wages.Any address changes after shipping will incur a reconsignment fee that is the customers responsibility 50%Deposit due with order. Company check only. 50%Due 20 days after shipping. Quote is for materials and installation. Production lead time is currently 12-14 weeks. Tax Rate 8.5% Quote is good for 30 days unless otherwise noted. ***If for resale or tax exemption,please furnish Reseller Permit along with your signed quote. Sale Amount $139,958.00 * Sales Tax $11,896.43 Signature Title Date Total Amount $151,854.43 C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: John Taylor Ext. 806 Department: Parks&Trails Briefing: ❑X Action Agenda: ❑X Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): October 23,2023 Agenda Date: November 6,2023 Internal Review: ❑X Finance ❑X Human Resources ❑ Legal ❑ Information Technology ❑ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board's Use Only: Item Number: Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken Ordinance/Resolution No. Contract No. County Code: Item• Accepting of Wildwood Playgrounds NW Bid for Sand Hill Park Playground Equipment Background/Executive Summary: On July 24,2023,the Mason County Commission was briefed on installing Playground Equipment at Belfair's Sand Hill Park. In the briefing, our residence's safety was a primary factor in the request for a specific type of playground equipment,and the importance of ensuring the better protective ground cover installed under the equipment was also a key factor. A Sole Source for Playworld Playground Equipment was approved along with the opening of the bidding process for the "Turnkey" installation of the playground equipment. On August 1,2023,the Commission approved moving forward with the project. At the end of the bidding process, one vendor provided a Quote for the installation of another brand of playground equipment,which, after consideration,meets the same parameters as the Playworld Playground Equipment model provided in the bid specification. The Bid Provided by Wildwood Playgrounds NW,Portland,OR. Critical aspects of the bid: An analysis of the vendor quote identifies that the playground equipment ($49,978.00)is less expensive than the ground surface protective cover($50,085.00). Closer research and assessment of common injuries by the National Safety Council identifies that 80%of injuries result from falls. It is recommended to reduce child injuries that at least 12 inches of wood chips, sand, or pea gravel be,which in a traditional playground is appropriate. However, Sand Hill Park is not a conventional Park but predominately a multipurpose sports park,where wood chips, sand,and pea gravel will not remain in their final resting place but,depending on multiple factors,relocated across the current sports fields creating dangerous playing conditions for athletes and children playing on the playground equipment. To prevent protective ground cover movement would require additional ground barriers beyond that installed in a regular park setting. Depending on the product used as the ground cover, such as wood chips, irrespective of the additional ground barriers installed,would allow weather conditions to relocate the C Mason County Agenda Request Form Y /A t! wood chips throughout the sports fields,requiring constant oversight by staff,clean up, and replacement costs. ROBERTSON RECREATIONAL SURFACES: ARCAT,an architectural information CAD for building products,rates the IPEMA Certified Synthetic Turf Safety Surfacing System as one of the best in preventing injury due to falls. The ground cover protective system quoted by the vendor provides the recommended specification. Playcore, one of the leading vendors in building recreational areas across the United States,recommends Robertson Recreational Surfaces,which has led the industry for over 20 years. Budget Impact(amount, funding source,budget amendment): Wildwood Playgrounds NW Total Quote $137,177.64 Playground Equipment Fortnight-Festival Unit $ 49,978.00 Robertson Recreational Surface $ 50,085.00 Pacific Premierscape $ 28,490.00 Estimated Freight to Sand Hill(98528) $ 5,375.00 Vendor Discount $ (7,497.00) TAX $ 10,746.64 Public Outreach (news release,community meeting, etc.): N/A Requested Action: Request Wildwood Playgrounds NW,Portland, Oregon be awarded the contract to install the Sand Hill Field Playground Equipment at the Turnkey installation quote of$137,177.64. Attachments References National Safety Council https://www.nsc.org/community-safety/safety-topics/child-safeiy/plgyground-safety Robertson Recreational Surfaces ARCAT htt2s://www.arcat.com/arcatcos/cos42/arc42699.html Playcord htips://www.pl4ycore.com/brands/robertson-recreational-surfaces Commission Briefing Wildwood Playgrounds NE Quote Quote Sheet Playground Equipment Picture Playground Equipment Warranty Information Fortnight Festival Site Plan Initial Commission Briefing/Agenda Item 9/27/2023 NOTE OUR NEW ADDRESS: WILDWOOD PLAYGROUNDS NW Quote 3707 NE Columbia Blvd Quote# PORTLAND OR 97211 11236-2A 503.288.5797 1.800.875.7529 Bill to: Ship To: Mason County Parks and Trails Department Sandhill Park 2100 E Johns Prairie Road 1000 North East Sandhill Rd Shelton,WA 98584 Belfair,WA 98528 A/P Contact: On-Site Contact:John M.Taylor/Carl(Bud)Olson Email:jtaylor@masoncountywa.gov/carlO@masoncountywa.gov Phone#:360-463-9448/360-490-0669 Quantity Description Unit Price Ext.Price 1 PlaygroundEquipment.com-Fortnight Festival Unit $49,978.00 $49,978.00 Robertson Recreational Surfaces-Supply and Install 1400 sq ft of IPEMA Certified Synthetic Turf Safety Surfacing System;8' 1 CFH;Buffing attenuation;150 LF of nailer is included;Envirofill $50,085.00 $50,085.00 infill;Prevailing wage;Note:Assumes good access;NO Design;All site prep,sub base,borders,security and fencing by OTHERS. 1 Pacific Premierscape-Site Prep;Receive,unload and install $28,490.00 $28,490.00 playground equipment 1 Estimated Freight to 98528 An additional charge may be added for liftgate $5,375.00 $5,375.00 1 Discount -$7,497.00 -$7,497.00 Please Note:Quoted at Prevailing Wages.Any address changes after shipping will incur a reconsignment fee that is the customers responsibility 50%Deposit due with order. Company check only. 50%Due 20 days after shipping. Quote is for materials and installation. Production lead time is currently 12-14 weeks. Tax Rate 8.5% Quote is good for 30 days unless otherwise noted. ***If for resale or tax exemption,please furnish Reseller Permit along with your signed quote. Sale Amount $126,431.00 * Sales Tax $10,746.64 Signature Title Date Total Amount $137,177.64 I +� IL - 1 ® Playground GoEquipmenk, Warranty Information • 100 year limited warranty on aluminum and steel upright posts against structural failure due to deterioration, corrosion, or workmanship. • 100 year limited warranty on hardware against structural failure due to deterioration, corrosion, or workmanship. • 100 year limited warranty on post caps and clamps against structural failure due to deterioration, corrosion, or workmanship. • 15 year limited warranty on rails, rungs, rigid climbers, loops and decks against structural failure or workmanship. • 15 year limited warranty on all HDPE and rotational molded plastic components against structural failure due to materials or workmanship. • 5 year limited warranty on cables and nets against premature wear due to natural deterioration or manufacturing defects. • 5 year limited warranty on Swing Set Frames and Frame Hardware • 5 year limited warranty on PVC coating against cracking and peeling. • 3 year limited warranty on all blow molded plastics against structural failure due to materials or workmanship. • 3 year limited warranty on Shade Metal Framework and Shade Fabric. • 1 year limited warranty on moving parts against structural failure due to materials or workmanship. • 1 year limited warranty on all materials and products not covered above against failure due to materials or workmanship including swing parts (seats, hangers, chains, connectors). • 1 year limited warranty on all adult fitness equipment. • 1 year limited warranty on Shade Structure moving parts, cables and materials not specifically listed elsewhere. PlaygroundEquipment.com warrants its original customer for as long as the original customer owns the product and uses the product with normal use, installation, and maintenance in accordance with published specifications to be free from defects in materials and workmanship. This warranty does not cover damage from misuse, vandalism, modified parts or damage such as dents, scratches, fading/weathering and normal wear and tear. The warranty does not cover the cost of freight or labor for removal and installation of repaired or replacement parts. Warranty claims must be filed within the applicable warranty period. Replacement parts carry the applicable warranty from the date of shipment of the replacement part. Repair/Replacement orders for warranted products will be for the component part only. (Not the entire product.) Contact your PlaygroundEquipment.com distributor for a return authorization. Warranties are limited to repair or replacement of defective parts.A repaired or replacement part is covered only for the original warranty period.All warranties begin on the delivery date of the goods. Warranties are non-transferable and only apply to end users who purchase new products directly from PlaygroundEquipment.com or an authorized Playground Equipment.com distributor for personal or business use and not for the purpose of redistribution or re-sale. No other warranties apply. Shade-Specific Warranty Conditions The Limited Warranty for PlaygroundEquipment.com shades excludes the following: Damage from sources including vandalism, improper installation, misuse, wear and tear from normal use, accidental damage; exposure to extreme weather conditions, damage from salt or chlorine water, sand or other abrasive or corrosive elements; incorrect use, unauthorized repairs or alterations, improper or infrequent maintenance; cosmetic defects including but not limited to scratches, dents, peeling or fading finishes; abnormal conditions and contingent liability. The warranty does not extend to any damages due to natural weather conditions, including but not limited to hail, flooding, lightning, tornadoes, sand storms, shifts of terrain, earthquakes, mudslides, or windstorms. In areas with frequent hurricanes, removal of a shade fabric is required once a hurricane warning has been issued. In the unlikely event of failure, PlaygroundEquipment.com reserves the right to change the design, color, or any other contributing factors to fix the condition and help prevent any recurrence(s) in the future. PlaygroundEquipment.com retains the option to replace or repair any defects in materials. If any modifications, alterations, or attachments are made to the shade product without written consent from the manufacturer, the warranty will be void. Any addition of signs, ornaments, fans, lights, fixtures, miscellaneous objects or decorations hung from the shade structure will result in a void of the warranty, unless specifically designed and engineered by the manufacturer. PlaygroundEquipment.com does not include any implied warranty of merchantability, fitness, or purpose, and there are no warranties which extend beyond the description of the face hereof. Under no circumstances will PlaygroundEquipment.com be responsible for any indirect, special, consequential, incidental, or liquidated damages due to breach of warranty and such damages are specifically excluded from the warranty. The owner must notify Playground Equipment.com with the original issued purchase order number to schedule an inspection within 30 days after any defect is discovered under this warranty and prior to any attempt at repair or alteration. This Limited Warranty shall be null and void if the owner makes any alterations outside of instruction from PlaygroundEquipment.com. Warranty as of 01/10/22 Wildwood Playgrounds I Fortnight Festival Site Plan 39'-11" ------------------------------------------------ Fortnight Festival I I I I I I I - I � I ;4 I M I I I I I I I I I I I I I I I I I Perimeter.0 sq tt Design Request#23-08620 ®Pi�ayg�round Area:-1390 sq ft q E ui ment$ Created On:September 18.2023 The information provided on this sheet is subject to change without notice. C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Loretta Swanson Ext. 769 Department: Public Works Briefing: Action Agenda: ❑X Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): February 5,2024 Agenda Date: February 13,2024 Internal Review: ❑ Finance ❑ Human Resources ❑ Legal ❑ Information Technology ❑ Risk (This is the responsibility of the requesting Department) Below for Clerk of the Board's Use Only: Item Number: 8.12 Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken Ordinance/Resolution No. Contract No. County Code: Item• Letter of Support to Legislature for Sewer Design for the Belfair Water Reclamation Facility Background/Executive Summary: The City of Bremerton and the Suquamish Tribe are requesting a letter of support to be written to the Washington State legislature from Mason County regarding their request for$3 million to design sewer treatment and collection system infrastructure with sufficient capacity to serve a significant portion of the Puget Sound Industrial Center(PSIC)and Mason County Belfair Urban Growth Area(UGA). The City of Bremerton has actively pursued development of the PSIC since 2012. This project could allow the sewer extension to be designed to accommodate the Belfair Freight Corridor. If funded,this project would provide Mason County with$1.3 million to plan and design a treatment plant, sprayfield capacity,and collection system capacity upgrades. The remaining$1.7 million would be used by the City of Bremerton to plan and design two lift stations and sanitary sewer to connect to the existing Mason County trunk line. Budget Impact(amount, funding source,budget amendment): N/A Public Outreach (news release,community meeting, etc.): N/A Requested Action: Approval of the letter of support for funding to design sewer treatment and collection system infrastructure with sufficient capacity to serve a significant portion of the Puget Sound Industrial Center(PSIC)and Mason County Belfair Urban Growth Area(UGA). Attachments Letters i � greg.wheeler@ci.bremerton.wa.us 345 bth Street,Suite 100 Mayor Greg Wheeler Bremerton,WA98337-1873 January 23, 2024 To Whom It May Concern, The City of Bremerton and the Suquamish Tribe are seeking funds from the Washington State Legislature to design sewer treatment and collection system infrastructure with sufficient capacity to serve a significant portion of both the Puget Sound Industrial Center (PSIC) and the Mason County Belfair UGA. Both areas, when developed, are anticipated to generate significant job growth in the region. Expansion at the Puget Sound Naval Shipyard is also driving job growth at PSIC and highlights an urgent need to expand sewer service. The City of Bremerton has been actively pursuing the development of PSIC since 2012. PSIC is a PSRC- designated Manufacturing Industrial Center that will be impacted by the Belfair Freight Corridor, and while progress has been made with water infrastructure expansion, roadway network expansion, and commercial development, there is a critical need for wastewater planning and development for PSIC to reach its full potential. The planning money requested will fund the design for a sewer collection system to serve properties inside the City of Bremerton and provide for the planning and design necessary to expand the capacity of Mason County's Belfair Water Reclamation Facility. The City of Bremerton has entered an Interlocal Agreement with Mason County to work cooperatively to oversee the initial analysis and potential designs for a sewer system extension from the Belfair Reclamation Facility. Mason County has designed and constructed a sewer extension adjacent to the joint boundary of the two jurisdictions. Now the City of Bremerton and Suquamish Tribe are implementing the next phase of utility design and extension. The project needs to move forward now so that sewer extensions can be designed to accommodate the design of the Belfair Freight Corridor and to ensure the most efficient use of public funds. The anticipated cost of the planning and design effort is approximately three million dollars. Please consider this request for funding to move this critical regional project forward. Sincerely, Greg Wheeler Mayor ASoN coU February 13,2024 RE: 2024 Local and Community Projects Budget Request— Bremerton Mason County Joint Sewer Expansion(Bremerton,WA) _ Mason County is writing to express our support for the City of Bremerton's request for 1854 $3,000,000 to design treatment plant capacity upgrades and collection system infrastructure for the Belfair Water Reclamation Facility,with some reservation. It is our understanding that if funded,this project will provide Mason County with MASON COUNTY approximately$1.3 million to plan/design treatment plant, sprayfield capacity,and BOARD collection system capacity upgrades. This work is identified in current Mason County planning documents. OF COMMISSIONERS Approximately$1.7 will be used by the City of Bremerton to plan/design two lift stations and sanitary sewer connecting to the existing Mason County trunk line that presently ends in the vicinity of the Mason/Kitsap county line. Serving the southern basins of PSIC is 1ST District also identified in current planning documents,but this is where we have reservations. We RANDY NEATHERLIN are first and foremost concerned about ensuring capacity to serve the Belfair UGA and continuing economic growth within Belfair. 2nd District KEVIN SHUTTY This letter of support should not be construed as a commitment to serve the southern basins of PSIC. The application indicates designing to serve 300 acres within PSIC which would 3'District generate a projected 955 GPM peak flow. We have been operating under a planning SHARON TRASK assumption of 650 GPM peak flow. This letter of support does signal our continued commitment to exploring what service to PSIC looks like from policy, financial and engineering viewpoints. Funding this project Mason County Building 1 will provide the engineering perspective. As with any regional partnership,there are administrative and financial details to work out to ensure our mutual and individual 411 North Fifth Street jurisdiction's goals are met,and we look forward to continued engagement under our ILA with the City of Bremerton and Port of Bremerton that has been in effect for six years. Shelton,WA 98584-3400 We thank the Legislature for prior investments in the Belfair Water Reclamation Facility. (360)427-9670 ext.419 Those appropriations have leveraged substantial improvement to the utility,both physical and financial. Working cooperatively with the City of Bremerton has the further potential Fax(360)427-8437 for continued improvement to the Belfair utility's financial position,reduced regional wastewater facility costs, and significant job growth and tax revenue generation for both the county and city. Funding this project now will ensure the collection system design is in accord with the SR 3 Freight Corridor project to maximize efficient use of public funds. Thank you for considering this request. Sincerely, Randy Neatherlin, Kevin Shutty, Sharon Trask, Chair Vice-Chair Commissioner C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Jennifer Beierle Ext. 532 Department: Support Services Briefing: ❑X Action Agenda: ❑X Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): February 5,2024 Agenda Date: February 13,2024 Internal Review: ❑ Finance ❑ Human Resources ❑X Legal ❑ Information Technology ❑ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board's Use Only: Item Number: 8.13 Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken Ordinance/Resolution No. Contract No. County Code: Item• Professional Services Contract with Economic Development Council and a Memorandum of Understanding with the City of Shelton for 2024 Awards of.09 Rural County Sales&Use Tax Fund Background/Executive Summary: Two outside agency awards were approved by the Board of County Commissioners for.09 Rural Sales&Use Tax funding and placed in the 2024 budget. One is from the Economic Development Council for$99,000 and one is for the City of Shelton for$125,000.A professional services contract is requested to be approved with the EDC and a MOU is requested to be approved with the City of Shelton for the funding. From RCW 82.14.370-"Moneys collected under this section may only be used to finance public facilities* serving economic development purposes in rural counties and finance personnel in economic development offices**. The public facility must be listed as an item in the officially adopted county overall economic development plan***,or the economic development section of the county's comprehensive plan..." *"Public facilities"means bridges,roads,domestic and industrial water facilities,sanitary sewer facilities, earth stabilization, storm sewer facilities,railroads, electrical facilities,natural gas facilities,research,testing, training,and incubation facilities in innovation partnership zones designated under RCW 43.330.270, buildings, structures,telecommunications infrastructure,transportation infrastructure,or commercial infrastructure,and port facilities in the state of Washington. **"Economic development office"means an office of a county,port districts,or an associate development organization as defined in RCW 43.330.010,which promotes economic development purposes within the county. (Mason County Economic Development Office) ***Comprehensive Economic Development Strategy Project List(CEDS)that is adopted by resolution by the Commissioners. C Mason County Agenda Request Form Y /AtJ f{ Budget Impact(amount, funding source,budget amendment): $224,000 already budgeted in the 2024 .09 Rural Sales&Use Tax Fund 103 Public Outreach (news release,community meeting, etc.): Prior to awarding the funds,the County was required to circulate for comment.RCW 82.14.370(3)(b)states "...the county must consult with cities,towns,and port districts located within the county and the associate development organization serving the county to ensure that the expenditure meets the goals of chapter 130, Laws of 2004 and the requirements of(a)of this subsection" Requested Action: Approval for the Chair to sign the professional service contract with the Economic Development Council (EDC)for up to $99,000 and approve the Chair to sign the Memorandum of Understanding(MOU)with the City of Shelton for Satellite Wastewater Treatment Plant Headworks Upgrades Project for up to$125,000, both funded from the Sales&Use Tax.09 Fund(#103),2024 budget. Attachments Draft Professional Services Contract with the EDC Draft Memorandum of Understanding(MOU)with the City of Shelton MASON COUNTY and ECONOMIC DEVELOPMENT COUNCIL of MASON COUNTY PROFESSIONAL SERVICES CONTRACT This CONTRACT is made and entered into by and between Mason County, hereinafter referred to as "COUNTY" and the Economic Development Council of Mason County "CONTRACTOR" referred to as "CONTRACTOR." COUNTY and EDC are referred to collectively as the "parties." RECITALS: WHEREAS, sales tax and use funds collected under RCW 82.14.370 are to be used to finance public facilities serving economic development purposes in rural counties and finance personnel in economic development offices; and WHEREAS, the Economic Development Council of Mason County meets the requirement of being "an office of a county, port district, or an associate development organization as defined in RCW 43.330.010, which promotes economic development purposes within the county"with its purposes including the facilitation of the creation or retention of businesses and jobs in a county; and WHEREAS, through RCW 43.330.080 the Economic Development Council of Mason County, as the County's designated Associate Development Organization, is required to provide direct assistance including business planning to companies throughout the County who need support to stay in business, expand or relocate to Washington from out-of-state and other countries. Assistance must comply with business recruitment and retention protocols established by the State; and WHEREAS, COUNTY has consulted with the City of Shelton and the port districts located within the county to ensure that this expenditure meets the goals of chapter 130, Laws of 2004; and WHEREAS, COUNTY has determined that it is in the best interest of the residents of Mason County to contract with the Economic Development Council of Mason County to provide economic development technical assistance, support and 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: Funds for this CONTRACT are provided as allowed in RCW 82.14.370 sales and use tax for public facilities in rural counties. Required County Matching Funds: Per RCW 43.330.086 COUNTY is required to provide matching funds for its Associate Development Organization's grant with the Washington State Department of Commerce. $61,349.00 of the funding provided through this CONTRACT is designated as the COUNTY's matching funds. I General Conditions Scope of Services: CONTRACTOR agrees to provide 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 COUNTY, unless otherwise provided for in the CONTRACT. Term: The performance period for this CONTRACT will start on January 1, 2024 and end December 31, 2024. Services Outside of Term: Services provided by CONTRACTOR prior to or after the term of this CONTRACT shall be performed at the expense of CONTRACTOR and are not compensable under this CONTRACT unless both parties hereto agree to such provision in writing. The term of this CONTRACT may be extended by mutual consent of the parties; provided, however, that the CONTRACT is in writing and signed by both parties Extension: The duration of this CONTRACT may be extended by mutual written consent of the parties, for a period of up to one year. Compensation: CONTRACT total value is not to exceed $99,000. 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 Compensation 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 COUNTY. The CONTRACTOR represents that he/she/it maintains a separate place of business, serves clients other than COUNTY, will report all 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 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. Taxes: CONTRACTOR understands and acknowledges that COUNTY will not withhold Federal or State income taxes.Where required by State or Federal law, the CONTRACTOR authorizes 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 2 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 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 COUNTY does not hold title. COUNTY is exempt from Federal Excise Tax. 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 COUNTY at the present time or in the future. Accounting and Payment for CONTRACTOR Services: Payment to the CONTRACTOR for services rendered under this CONTRACT shall be as set forth in "Exhibit B Compensation." Where Exhibit"B" requires payments by the COUNTY, payment shall be based upon written claims supported, unless otherwise provided in Exhibit"B," by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing requirements. Acceptable invoices will be processed within 30 days of receipt. Unless specifically stated in Exhibit "B" or approved in writing in advance by the official executing this CONTRACT for COUNTY or his or her designee (hereinafter referred to as the "Administrative Officer"). COUNTY will not reimburse the CONTRACTOR for any costs or expenses incurred by the CONTRACTOR in the performance of this CONTRACT. Where required, COUNTY shall, upon receipt of appropriate documentation, compensate the CONTRACTOR, no more often than monthly, in accordance with COUNTY's customary procedures, pursuant to the fee schedule set forth in Exhibit "B." 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 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 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 ten (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. 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 3 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 COUNTY under this clause. 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. 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, 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. 4 The foregoing provisions shall also be binding upon any sub-contractor, provided that the foregoing provision shall not apply to contracts or sub-contractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. Non-Discrimination in Client Services: CONTRACTOR shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, 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 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 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. When CONTRACTOR creates any copyrightable materials or invents any patentable property, CONTRACTOR may copyright or patent the same, but COUNTY retains a royalty-free, nonexclusive and irrevocable license to reproduce, publish, recover, or otherwise use the materials or property and to authorize other governments to use the same for state or local governmental purposes. CONTRACTOR further agrees to make research, notes, and other work products produced in the performance of this CONTRACT available to COUNTY upon request. Work Product: CONTRACTOR will provide COUNTY with all work product including; reports, surveys, studies, data collected and other as appropriate prior to the release of the final payment for services. 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: 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 COUNTY or an order 5 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: At a minimum, CONTRACTOR shall provide insurance that meets or exceeds the requirements detailed in "Exhibit C Insurance Requirements." Insurance as a Condition of Payment: Payments due to CONTRACTOR under this CONTRACT are expressly conditioned upon the CONTRACTOR's strict compliance with all insurance requirements under this CONTRACT. Payment to CONTRACTOR shall be suspended in the event of non-compliance. Upon receipt of evidence of full compliance, payments not otherwise subject to withholding or set-off will be released to CONTRACTOR. Proof of Insurance: A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to COUNTY within five (5) days of CONTRACT execution. 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, 6 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 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's compensation, and have been mutually negotiated by the parties. 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 COUNTY on a basis equal to or exceeding CONTRACTOR's indemnity obligations to COUNTY. 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 County Administrator or 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. 7 The Administrative Officer for purposes of this CONTRACT is: Mark Neary County Administrator Mason County 411 N. 5th Street Shelton, WA 98584 Phone: 360-427-9670 Ext. 530 mneary(a-)masoncountywa.gov CONTRACTOR's Primary Contact's Information: Joe Schmidt 628 W Alder St Shelton, WA 98584 Phone: 360-426-2276 E-mail: karin(a)choosemason.com 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. Notices and other communication may be conducted via e-mail, U.S. mail, fax, hand-delivery or other generally accepted manner including delivery services. Modifications: Either party may request changes in the CONTRACT. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. Termination for Default: If CONTRACTOR defaults by failing to perform any of the obligations of the CONTRACT or becomes insolvent or 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 8 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 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. Disputes: 1. Differences between the CONTRACTOR and COUNTY, arising under and by virtue of the CONTRACT shall be brought to the attention of COUNTY at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. For objections that are not made in the manner specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. 2. The 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 of COUNTY, or (2) the happening of any event or occurrence, unless the 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 the 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. 3. The 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 work from which the claim arose, and before final payment by COUNTY, the 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 (MA) 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 9 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. Any arbitration proceeding commenced to enforce or interpret this CONTRACT shall be brought within six (6) years after the initial occurrence giving rise to the claim, dispute or issue for which arbitration is commenced, regardless of the date of discovery or whether the claim, dispute or issue was continuing in nature. Claims, disputes or issues arising more than six (6)years prior to a written request or demand for arbitration issued under this CONTRACT are not subject to 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 and Mason County. Unless otherwise specified herein, this CONTRACT shall be governed by the laws of 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. 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. Exhibit C Insurance Requirements D. Special Conditions E. General Condition F. Exhibits A and B Entire Contract: This written CONTRACT, comprised of the writings signed or otherwise identified and attached hereto, represents the entire CONTRACT between the parties and supersedes any prior oral statements, discussions or understandings between the parties. 10 ECONOMIC DEVELOPMENT COUNCIL BOARD OF COUNTY COMMISSIONERS of MASON COUNTY MASON COUNTY, WASHINGTON Joe Schmidt, Acting Executive Director Randy Neatherlin, Chair Dated: Dated: APPROVED AS TO FORM: Tim Whitehead, Chief DPA II EXHIBIT A SCOPE OF SERVICES CONTRACTOR to provide a budget by expense category totaling $99,000 for the 2024 one year contract to the BOCC within fifteen days (15) of contract execution. CONTRACTOR to provide update to Board of County Commissioners at commission business meetings. Deliverable: At a minimum of once per quarter the Executive Director or designee will provide a brief update on EDC work to the County. RECRUITMENT & MARKETING CONTRACTOR to market Mason County as excellent locations to expand or relocate a business and positioning Washington as a globally competitive place to grow business, which may include developing and executing regional plans to attract companies from out of state. Deliverable: number of businesses contacted. CONTRACTOR to provide site location assistance for businesses that are looking to locate in Mason County. Deliverable: Quarterly list of project names. BUSINESS RETENTION & EXPANSION ACTIVITIES CONTRACTOR to work with partners throughout the county including, but no limited to, local governments, workforce development councils, port districts, community and technical colleges and higher education institutions, export assistance providers, small business assistance programs, innovation partnership zones, and other federal, state, and local programs to facilitate the alignment of planning efforts and the seamless delivery of business support services within the entire county. Deliverable: copy of communication plan on or before 3/31/2024 and a quarterly dashboard of communication analytics. CONTRACTOR to provide business retention and expansion services throughout the county. Such services must include, but are not limited to, business outreach and monitoring efforts to identify and address challenges and opportunities faced by businesses, assistance to trade impacted businesses in applying for grants from the federal trade adjustment assistance, and the provision of information to businesses on resources available for microenterprise development and resources available on the revitalization of commercial districts. Deliverable: number of businesses visited and number of follow-ups with existing businesses. CONTRACTOR to participate with the state board for community and technical colleges in the coordination of the job skills training program and the customized training program within its region. BUSINESS ASSISTANCE CONTRACTOR to provide or facilitate the provision of export assistance through workshops or one-on-one assistance. CONTRACTOR to provide information on state and local permitting processes, tax issues, export assistance, and other essential information for operating, expanding, or locating a business in Mason County. Deliverable: number of businesses that direct assistance was provided, and number of follow-up interactions. 12 READINESS & CAPACITY BUILDING CONTRACTOR to solicit, compile and rank the Comprehensive Economic Development Strategy (CEDS) list annually. Submit to COUNTY for review and approval on or before 6/30/21. CONTRACTOR to provide an annual economic report. Deliverable: report of economic indicators and comparisons in Mason County. CONTRACTOR to participate in economic development system-wide discussions regarding gaps in business start-up assistance in Mason County. CONTRACTOR to participate in development of a countywide economic development plan in conjunction with other governmental jurisdictions and institutions. CONTRACTOR to provide an annual snapshot of local economic conditions to include breakdowns of the three UGAs. Deliverable: Economic Vitality index. 13 EXHIBIT B COMPENSATION A. Compensation: CONTRACTOR will be compensated a total of$99,000 which will be paid in four equal payments of$24,750 after the receipt of an acceptable invoice. B. Requests for Payment: 1. At a minimum the invoice is to include: performance period; date of submission; CONTRACTOR's name, remittance address and phone number; invoice total; and any additional applicable information. 2. Submit invoice with required performance report via e-mail to dlz@masoncountywa.gov and jb(a�masoncountywa.gov 3. Payment will be made to CONTRACTOR within thirty (30) days of the receipt of a complete and accurate invoice. 14 EXHIBIT C INSURANCE REQUIREMENTS A. MINIMUM Insurance Requirements: 1. 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, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. 2. Workers' Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits for CONTRACTOR's, with two (2) or more employees and/or volunteers, no less than $1,000,000 per accident for all covered losses. 3. 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. 4. Professional liability (errors & omissions) insurance. CONTRACTOR shall maintain professional liability insurance that covers the services to be performed in connection with this CONTRACT, in the minimum amount of$1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this CONTRACT and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this CONTRACT. 5. 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, 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. B. Certificate of Insurance: A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to COUNTY within five (5) days of CONTRACT execution. C. Basic Stipulations: 1. 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. CONTRACTOR also agrees to require all subcontractors, and anyone else involved in this CONTRACT on behalf of the CONTRACTOR (hereinafter"indemnifying parties")to comply with these provisions. 15 2. 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. 3. 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. 4. 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. 5 CONTRACTOR agrees upon request by COUNTY to provide complete, certified copies of any policies required within 10 days of such request. COUNTY has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests. Any premium so paid by COUNTY shall be charged to and promptly paid by CONTRACTOR or deducted from sums due CONTRACTOR. Any actual or alleged failure on the part of COUNTY or any other additional insured under these requirements to obtain proof of insurance required under this CONTRACT in no way waives any right or remedy of COUNTY or any additional insured, in this or in any other regard. 6. 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. 7. 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. 8. 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. 9. The limits of insurance as described above shall be considered as minimum requirements. Should any coverage carried by CONTRACTOR or a subcontractor of any tier maintain insurance with limits of liability that exceed the required limits or coverage that is broader than as outlined above, those higher limits and broader coverage shall be deemed to apply for the benefit of any person or organization included as an additional insured and those limits shall become the required minimum limits of insurance in all Paragraphs and Sections of this CONTRACT. 10. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to COUNTY and approved of in writing. 16 11. The requirements in this Exhibit supersede all other sections and provisions of this CONTRACT to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit. 12. Unless otherwise approved by COUNTY, insurance provided pursuant to these requirements shall be by insurers authorized to do business in Washington and with a minimum A.M. Best rating of A-:VII. 13. All insurance coverage and limits provided by CONTRACTOR and available or applicable to this CONTRACT are intended to apply to the full extent of the policies. Nothing contained in this CONTRACT limits the application of such insurance coverage. 14. CONTRACTOR agrees to provide prompt notice to COUNTY of any notice of cancellation of any required policy or of any material alteration or non-renewal of any such policy, other than for non-payment of premium. CONTRACTOR shall assure that this provision also applies to any of its employees, agents or subcontractors engaged by or on behalf of CONTRACTOR in relation to this CONTRACT. 15. COUNTY reserves the right at any time during the term of the CONTRACT to change the amounts and types of insurance required by giving the CONTRACTOR ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the CONTRACTOR, the COUNTY and CONTRACTOR may renegotiate CONTRACTOR's compensation. 16. Requirements of specific coverage features are not intended as limitation on other requirements or as waiver of any coverage normally provided by any given policy. Specific reference to a coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all-inclusive. 17. CONTRACTOR agrees to provide immediate notice to COUNTY of any claim or loss against CONTRACTOR arising out of the work performed under this CONTRACT. COUNTY assumes no obligation or liability by such notice, but has the right (but not the duty)to monitor the handling of any such claim or claims if they are likely to involve COUNTY. 17 MEMORANDUM OF UNDERSTANDING Between MASON COUNTY and City of Shelton To provide funding from the Rural County .09 Sales Tax Fund (#103) to support The City of Shelton's Satellite Wastewater Treatment Plant Headworks Upgrades Project 1. Purpose. This agreement is between the Mason County (County) and City of Shelton (City) to provide up to $125,000 in funding from the Rural County .09 Sales Tax Fund (#103). 2. Recitals. a) Funds for this Memorandum of Understanding (MOU) are provided as allowed in RCW 82.14.370 sales and use tax for public facilities in rural counties. b) The City of Shelton submitted a request for$125,000 from the .09 Rural County Sales & Use Tax Fund (#103) to construct upgrades to the headworks at the City's Satellite Wastewater Treatment Plant near Sanderson Field. c) The 2023-2024 Comprehensive Economic Development Strategy (CEDS) project list was amended to include this project. 3. Agreement. The parties hereto mutually agree to the following understanding: a) The City will provide a budget by expense category totaling $125,000 for the 2024 one- year contract to Mason County within 15 days of contract execution. b) The City will be responsible for completing the work on this project and will submit eligible invoices to the County for reimbursement. Costs incurred by the City prior to or after the term of this MOU shall be incurred at the expense of the City and are not compensable under this MOU. c) The City will maintain complete financial records relating to this agreement. All records shall be kept in a manner which provides an audit trail for all expenditures. All records shall be open for audit or inspection by the County or by any duly authorized audit representative of the State of Washington for a period of at least three years after the contract term. If any such audit identifies discrepancies in the financial records, the City shall provide clarification and/or make adjustments accordingly. d) The County will make payment to the City within 30 days of the receipt of eligible invoices. 4. Term: The term for this MOU is January 1, 2024 and ends December 31, 2024. 5. Compensation: MOU total value is not to exceed $125,000. 6. Administration of Contract: County hereby appoints, and the City hereby accepts, the Mason County Board of County Commissioners Chair or designee, as County's representative, for the purposes of administering the provisions of this agreement, including County's right to receive and act on all reports and documents, and any auditing performed by the County related to this agreement. 1 The County's representative for purposes of this MOU is: Randy Neatherlin County Commissioner Chair Mason County 411 N 5th Street Shelton, WA 98584 Phone: 360-427-9670 Email: randyn(cDmasoncountywa.gov City's Primary Contact Information: Mark Ziegler City Manager City of Shelton 525 W Cota Street Shelton, WA 98584 Phone: 360-432-5194 Email: mark.ziegler .sheltonwa.gov CITY OF SHELTON BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Mark Ziegler, City Manager Randy Neatherlin, Chair Dated: Dated: APPROVED AS TO FORM: Tim Whitehead, Chief DPA 2 Mason County Agenda Request Form To: Board of Mason County Commissioners From: Mary Ransier Ext. 422 Department: Human Resources Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): February 12, 2024 Agenda Date: February 13, 2024 Internal Review: ☐ Finance x Human Resources x Legal ☐ Information Technology ☐ Risk (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: __________ Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Mason County Personnel Policy Updates Background/Executive Summary: Human Resources has updates to assist the Board in the coordination of county administrative and personnel programs and follow guidance from the Risk Pool. Changes and additions are necessary at this time to reflect best practices, clarification of what is currently practiced, and ensure the document is organized and updated appropriately. Draft updates to the Mason County Personnel Policy include: •Overall grammar and/or formatting •Extra Help employees begin receiving Holiday compensation. •Chapter 4.1 – Defining the work week to be consisted with CBAs •Chapter 4.2 – Update to FLSA/Exempt Employee language •Chapter 5.4 – Clarification of the Reclassification process •Chapter 5.7 – Streamlined language for Compensation Upon Separation •Chapter 7.9.1 – Eliminate extra language around Premiums and applicable law •Chapter 7.11 – Defining holiday pay benefit •Chapter 7.14 – Addition of Temporary Modified-Duty Assignments •Chapter 19 – Addition of approved Artificial Intelligence (AI) Policy Budget Impact (amount, funding source, budget amendment): N/A Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval of the Resolution amending the Mason County Personnel policy to update overall grammar and formatting, allowing Extra Help employees to receive holiday compensation, Chapter 4.1 defining the work week to be consisted with Collective Bargaining Agreements, Chapter 4.2 updating to Fair Labor Standards Act (FLSA)/exempt employee language, Chapter 5.4 clarifying the reclassification process, Chapter 5.7 streamlining language for compensation upon separation, Chapter 7.9.1 eliminating extra language around premiums and applicable law, Chapter 7.11 defining holiday pay benefit, Chapter 7.14 adding temporary modified-duty assignments, and Chapter 19 adding an Artificial Intelligence (AI) Policy. Attachments: Resolution Personnel Policy MASON COUNTY PERSONNEL POLICIES Revised October 24, 2023February 13, 2024 - Resolution No. 2023-0574-xx M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 2 of 125 Table of Contents Chapter 1 – Purpose and Scope 1.1 Introduction 21 1.2 Intent of Policies ............................................................................................................................... 21 1.3 Scope of Policies ............................................................................................................................... 21 1.4 Changing These Policies ................................................................................................................... 21 1.5 Definitions ........................................................................................................................................ 22 Department Head: .............................................................................................................................. 22 Regular Full-Time Employee: ............................................................................................................. 22 Regular Part-Time Employee: ............................................................................................................ 22 Temporary Employee: An employee hired for a specific assignment or project that has a duration of employment and schedule that is anticipated to work one thousand and forty (1,040) hours or more in a twelve (12) month period. .................................................................................................. 22 Extra Help Employee: ......................................................................................................................... 22 Continuous Service: ............................................................................................................................ 22 Chapter 2 – General Policies and Practices 23 2.1 Employee Personnel Records........................................................................................................... 23 2.2 Employment Verification ................................................................................................................. 23 2.3 Employee Badge Policy .................................................................................................................... 23 2.3.1 Definitions ................................................................................................................................. 23 2.3.2 Requirements ............................................................................................................................ 23 2.3.3 Procedure .................................................................................................................................. 24 2.3.4 Identification Holder Responsibilities ...................................................................................... 24 Chapter 3 – Recruiting and Hiring 25 3.1 Recruiting .......................................................................................................................................... 25 3.2 Hiring................................................................................................................................................. 25 3.2.1 Screening ................................................................................................................................... 25 3.2.2 Examinations ............................................................................................................................. 25 3.2.3 Applicant Travel ........................................................................................................................ 26 3.2.4 Veteran’s Preference ................................................................................................................. 26 3.2.5 Employee Selection ................................................................................................................... 26 3.2.6 Moving Expenses ....................................................................................................................... 26 3.3 Extra Help Employees....................................................................................................................... 26 3.4 Employment of Relatives (Nepotism) .............................................................................................. 27 Formatted: TOC 5 Formatted: TOC 5 Formatted: TOC 5 M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 3 of 125 3.4.1 Change in Circumstances .......................................................................................................... 27 3.5 Promotions ....................................................................................................................................... 27 3.6 Probationary Periods ....................................................................................................................... 27 3.7 Trial Service Periods ......................................................................................................................... 28 3.8 Requests for New Positions ............................................................................................................. 28 Chapter 4 – Hours and Attendance 29 4.1 Working Hours .................................................................................................................................. 29 4.2 Hours of Work and Overtime ........................................................................................................... 29 4.2.1 Non-Exempt Employees ............................................................................................................ 29 4.2.2 Exempt Employees .................................................................................................................... 29 4.3 Compensatory (Comp) Time ............................................................................................................ 30 4.3.1 Comp Time Use .......................................................................................................................... 30 4.3.2 Maximum Accruals .................................................................................................................... 30 4.3.3 Comp Time Upon Transfer ........................................................................................................ 31 4.4 Attendance ....................................................................................................................................... 31 4.5 Emergency Closures ......................................................................................................................... 31 4.5.1 County Office Closure Procedure .............................................................................................. 32 4.6 Breaks and Mealtime ....................................................................................................................... 33 4.6.1 Purpose and Overview .............................................................................................................. 33 4.6.2 Procedures ................................................................................................................................. 33 4.6.3 Reasonable Amount of Time to Express Milk or Breastfeed (Lactation Time) ....................... 34 4.6.4 Private and Secure Rooms to Express Milk or Breastfeed (Lactation Room) ......................... 34 4.6.5 Employee Responsibilities ........................................................................................................ 35 4.6.6 Education and Support .............................................................................................................. 35 4.6.7 Anti-Discrimination, Harassment, or Retaliation ..................................................................... 35 4.6.8 Employee Notification .............................................................................................................. 35 4.7 Call Back ............................................................................................................................................ 35 4.8 Payroll Records ................................................................................................................................. 36 Chapter 5 – Compensation 37 5.1 Salary Classification and Grades ...................................................................................................... 37 5.2 Employee Pay Rates ......................................................................................................................... 37 5.2.1 Pay Adjustments ....................................................................................................................... 37 5.2.2 Lead Pay ..................................................................................................................................... 37 Formatted: TOC 5 Formatted: TOC 5 M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 4 of 125 5.2.3 Out of Class Pay ......................................................................................................................... 38 5.2.4 Transfers and Promotions ......................................................................................................... 38 5.3 Longevity .......................................................................................................................................... 38 5.3.1 Definitions ................................................................................................................................. 38 Eligible Employees .............................................................................................................................. 38 5.4 Reclassification ................................................................................................................................. 39 5.5 Paydays ............................................................................................................................................. 39 5.6 Deductions ........................................................................................................................................ 39 5.7 Compensation Upon Separation ...................................................................................................... 40 5.8 Uniform Allowance .......................................................................................................................... 40 5.9 Personnel Actions ............................................................................................................................. 41 5.10 Career Incentive Pay Policy ............................................................................................................ 41 5.10.1 Definitions ............................................................................................................................... 42 Licensure ............................................................................................................................................. 42 Professional Certification ................................................................................................................... 42 Certification Program ......................................................................................................................... 42 5.10.2 Eligibility .................................................................................................................................. 42 5.10.3 Approval Process ..................................................................................................................... 42 5.10.4 Compensation ......................................................................................................................... 43 5.10.5 Annual Review .................................................................................................................... 43 5.10.6 Documentation and Changes in Status .................................................................................. 43 Chapter 6 – Benefits 44 6.1 Retirement Benefits ......................................................................................................................... 44 6.2 Workers’ Compensation .................................................................................................................. 44 6.2.1 Workers’ Compensation Leave ................................................................................................. 44 6.2.2 Coordination of Benefits ........................................................................................................... 44 6.3 Health Insurance Benefits ................................................................................................................ 45 6.4 Continuation of Insurance Coverage ............................................................................................... 45 6.5 Unemployment Compensation ........................................................................................................ 45 Chapter 7 – Leaves 46 7.1 Vacation Leave ................................................................................................................................. 46 7.2 Sick Leave.......................................................................................................................................... 47 7.2.1 Eligibility Requirements ............................................................................................................ 47 Formatted: TOC 5 Formatted: TOC 5 M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 5 of 125 7.2.2 Exempt from Eligibility .............................................................................................................. 47 7.2.3 Leave Accrual ............................................................................................................................. 47 7.2.4 Accrual Year ............................................................................................................................... 48 7.2.5 Carryover of Paid Sick Leave Hours .......................................................................................... 48 7.2.6 Family Member Defined ........................................................................................................... 48 7.2.7 Authorized Uses of Paid Sick Leave .......................................................................................... 48 7.2.8 Increments of Use for Paid Sick Leave ...................................................................................... 50 7.2.9 Rate of Pay When Using Sick Leave .......................................................................................... 50 7.2.10 Reasonable Notice for Use of Sick Leave................................................................................ 50 7.2.11 Foreseeable Absence .............................................................................................................. 51 7.2.12 Unforeseeable Absence .......................................................................................................... 51 7.2.13 Verification for Absences Exceeding Three Days ................................................................... 51 7.2.14 Unreasonable Burden or Expense for Verification ................................................................ 52 7.2.15 Abusing Sick Leave May Receive Discipline ........................................................................... 52 7.2.16 Sick Leave Coordinated with Workers’ Compensation .......................................................... 53 7.2.18 Sick Leave Cash-Out ................................................................................................................ 53 7.2.19 Separation from Employment ................................................................................................ 54 7.2.20 Reinstatement of Employment ............................................................................................... 54 7.2.21 Payroll ...................................................................................................................................... 54 7.2.22 Retaliation Prohibited ............................................................................................................. 55 7.3 Leave without Pay ............................................................................................................................ 55 7.4 Jury and Witness Leave .................................................................................................................... 55 7.5 Administrative Leave ....................................................................................................................... 55 7.6 Military Leave ................................................................................................................................... 56 7.7 Family Leave ..................................................................................................................................... 56 7.7.1 Substitution of Paid Leave ........................................................................................................ 56 7.7.2 Advance Notice and Medical Certification ............................................................................... 57 7.7.3 Periodic Reporting ..................................................................................................................... 57 7.7.4 Health Insurance ....................................................................................................................... 57 7.7.5 Other Insurance ......................................................................................................................... 57 7.7.6 Couples Employed ..................................................................................................................... 57 7.8 Bereavement Leave .......................................................................................................................... 58 M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 6 of 125 7.9 Washington Paid Family and Medical Leave Act ............................................................................ 58 7.9.1 Premiums ................................................................................................................................... 58 7.9.2 Eligibility and Use ...................................................................................................................... 59 7.9.3 Returning from Leave ................................................................................................................ 59 7.10 Washington State Long Term Care Trust Act “WA Cares” Compliance ........................................ 59 7.11 Holidays .......................................................................................................................................... 60 7.12 Holidays for Reasons of Faith or Conscience ................................................................................. 60 7.13 Benefits for Part-Time and Extra Help Employees ........................................................................ 61 7.14 Temporary Modified-Duty Assignments ....................................................................................... 61 7.14.1 Fit-for-Duty .............................................................................................................................. 62 7.14.2 Modified-Duty Requests ......................................................................................................... 62 Employees seeking a temporary modified-duty assignment should submit a written request to their Department Head or Elected. The request should, as applicable, include a certification from the treating medical professional containing: .......................................................................................... 62 7.14.3 Employee Responsibilities ...................................................................................................... 63 7.14.4 Supervisor Responsibilities ..................................................................................................... 63 7.14.5 Probationary Employees ......................................................................................................... 63 Chapter 8 – Employee Responsibilities and Conduct 64 8.1 General Code of Conduct ................................................................................................................. 64 8.2 Workplace Safety and Violence Prevention .................................................................................... 64 8.2.1 Definitions ................................................................................................................................. 64 Unsafe Act ........................................................................................................................................... 64 Acts of Violence: ................................................................................................................................. 64 Workplace:.......................................................................................................................................... 65 Member of the Public: ....................................................................................................................... 65 8.2.2 Responsibilities.......................................................................................................................... 65 8.3 Outside Employment and Conflicts of Interest ............................................................................... 67 8.4 Reporting Improper Governmental Action ..................................................................................... 68 8.4.1 Definitions ................................................................................................................................. 68 8.4.2 Procedure for Reporting Improper Government Action ......................................................... 69 8.4.3 Procedure for Seeking Relief Against Retaliation .................................................................... 69 8.4.4 Policy Implementation .............................................................................................................. 70 8.4.5 Prohibition of Intimidation and Nondisclosure ....................................................................... 70 Formatted: TOC 5 M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 7 of 125 8.5 Political Activities ............................................................................................................................. 70 8.6 No Smoking Policy ............................................................................................................................ 70 8.6.1 Definitions ................................................................................................................................. 71 Public Areas: ....................................................................................................................................... 71 Smoking: ............................................................................................................................................. 71 Vape: ................................................................................................................................................... 71 County Property: ................................................................................................................................ 71 8.6.2 No Smoking Signs and Removal of Ashtrays ............................................................................ 71 8.7 Personal Possessions and Electronic Communications ................................................................... 72 8.8 Use of County Equipment ................................................................................................................ 72 8.9 Bulletin Boards ................................................................................................................................. 72 8.10 Contact with the News Media ....................................................................................................... 72 8.11 Solicitations .................................................................................................................................... 73 8.12 Safety .............................................................................................................................................. 73 8.13 Substance Abuse ............................................................................................................................ 73 8.14 Using Position for Personal Gain ................................................................................................... 74 8.15 Performance Evaluations ............................................................................................................... 74 8.16 Discipline/Corrective Action .......................................................................................................... 75 Chapter 9 – Separation 76 9.1 Layoff ................................................................................................................................................ 76 9.2 Resignation ....................................................................................................................................... 76 9.3 Retirement ........................................................................................................................................ 76 9.4 Offboarding ...................................................................................................................................... 76 Chapter 10 – Complaint Procedures 77 10.1 Complaint Procedures .................................................................................................................... 77 Chapter 11 – Educational Assistance 78 11.1 Introduction .................................................................................................................................... 78 11.2 Objective ......................................................................................................................................... 78 11.3 Procedures ...................................................................................................................................... 78 Chapter 12 – Equal Employment Opportunity 80 12.1 Purpose ........................................................................................................................................... 80 12.2 Policy ............................................................................................................................................... 80 12.3 Prohibition of Discrimination, Harassment, Bullying, and Retaliation ........................................ 80 Formatted: TOC 5 Formatted: TOC 5 Formatted: TOC 5 Formatted: TOC 5 M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 8 of 125 12.3.1 Definitions ............................................................................................................................... 80 12.4 Employment of Persons with Disabilities ...................................................................................... 81 12.5 Employee Responsibilities ............................................................................................................. 81 12.6 Supervisor/Manager Responsibilities ........................................................................................... 82 12.7 County Responsibilities .................................................................................................................. 82 12.8 Complaint Procedures .................................................................................................................... 82 Chapter 13 – Vehicle Use Policy 83 13.1 Vehicle Use and Scope ................................................................................................................... 83 13.2 Definitions ...................................................................................................................................... 83 13.3 Assignment of County Vehicles ..................................................................................................... 84 13.4 Qualified Non-Personal Use Vehicles ............................................................................................ 85 13.5 Emergency Responses .................................................................................................................... 86 13.6 Special Equipment Vehicles ........................................................................................................... 86 13.7 Economic Benefit to the County .................................................................................................... 86 13.8 Temporary Take-Home Vehicle Assignment ................................................................................. 87 13.9 Board of County Commissioners’ Responsibilities ........................................................................ 87 13.10 Budget Management Responsibilities ......................................................................................... 87 13.11 Department Heads and Elected Officials’ Responsibilities ......................................................... 87 13.13 Employee’s Responsibilities ......................................................................................................... 88 13.14 Financial Services – Payroll Responsibilities ............................................................................... 89 13.15 Drivers License and Insurance Requirements ............................................................................. 89 13.16 Use of Personal Vehicles for County Business ............................................................................ 89 13.17 Use of County Vehicles for Personal Business ............................................................................ 90 13.18 Incidental Travel and Stops .......................................................................................................... 90 13.19 Political Use of County Vehicles .................................................................................................. 90 13.20 Use of County Vehicles by Other Individuals .............................................................................. 90 13.21 Permitted and Prohibited Uses of County and Personal Vehicles for County Business ............ 90 13.22 Vehicle Use Agreement (VUA) – .................................................................................................. 92 13.23 Driver Disqualification and Review ............................................................................................. 92 13.24 Accidents and Citations ................................................................................................................ 93 13.25 Commercial Driver License ........................................................................................................... 93 13.26 County Vehicle Related Purchases .............................................................................................. 93 Formatted: TOC 5 M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 9 of 125 13.27 ER&R Vehicles Fuel Policies and Fuel Credit Card Uses .............................................................. 93 13.28 Motor Pool Repairs and Preventative Maintenance .................................................................. 94 13.29 Repairs and Preventative Maintenance ...................................................................................... 94 13.30 General Motor Vehicle Safety...................................................................................................... 94 13.31 Safety ............................................................................................................................................ 94 Chapter 14 – Travel 96 14.1 Travel Expense Reimbursement .................................................................................................... 96 14.2 Per Diem (Meal Reimbursement) .................................................................................................. 97 14.2.1 Single Day Per Diem ................................................................................................................ 97 14.2.2 Per Diem While in Overnight Travel Status ............................................................................ 97 14.2.3 Per Diem Three Hour Rule ...................................................................................................... 97 14.3 Advance Travel ............................................................................................................................... 97 14.4 Special Circumstances .................................................................................................................... 97 14.5 Lodging ............................................................................................................................................ 98 14.6 Transportation ................................................................................................................................ 98 Chapter 15 – Electronic Information Acceptable Use Policy 100 15.1 Electronic Information Policy ....................................................................................................... 100 15.2 Definitions .................................................................................................................................... 100 15.3 Roles and Responsibilities............................................................................................................ 100 15.4 Equipment and Programs ............................................................................................................ 101 15.4.1 Acquiring Hardware and Software ....................................................................................... 101 15.4.2 Complying with Copyright and Licensing ............................................................................. 101 15.4.3 Using Personally Owned Software ....................................................................................... 101 15.5 E-Mail and Voice Mail (Electronic Communication) ................................................................... 101 15.5.1 Acceptable Use ...................................................................................................................... 101 15.5.2 Prohibited Use ....................................................................................................................... 101 15.5.3 Encryption.............................................................................................................................. 101 15.6 E-Mail Management ..................................................................................................................... 102 15.6.1 Policy ...................................................................................................................................... 102 15.6.2 Definitions ............................................................................................................................. 103 Public Record: ................................................................................................................................... 103 Transitory Record: ............................................................................................................................ 103 Non-Record: ...................................................................................................................................... 103 Formatted: TOC 5 Formatted: TOC 5 M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 10 of 125 15.7 Internet Access ............................................................................................................................. 103 15.7.1 Acceptable Use ...................................................................................................................... 103 15.7.2 Prohibited Use ....................................................................................................................... 104 15.8 Generally Prohibited Uses of Information Resources ................................................................. 104 15.9 Monitoring, Auditing, and Inspection ......................................................................................... 105 Chapter 16 – Social Media Policy 106 16.1 Definitions .................................................................................................................................... 106 16.2 Administration of Social Media ................................................................................................... 107 16.3 Mason County Website ................................................................................................................ 108 16.4 Social Media Public Records ........................................................................................................ 108 16.5 Users and Visitors of Mason County Social Media...................................................................... 109 16.6 Blogging Policy .............................................................................................................................. 109 16.6.1 Procedures ............................................................................................................................. 110 16.6.2 Author and Commenter Identification ................................................................................. 111 16.6.3 Ownership and Moderation ................................................................................................. 111 16.6.4 Blog Comments and Responses ............................................................................................ 111 16.7 Facebook Standards Policy .......................................................................................................... 112 16.7.1 Establishing a Page ................................................................................................................ 112 16.7.2 Content .................................................................................................................................. 112 16.7.3 Archive ................................................................................................................................... 113 16.8 Twitter Standards Policy .............................................................................................................. 113 16.8.1 Content .................................................................................................................................. 114 16.8.2 Archive ................................................................................................................................... 115 Chapter 17 – Cellular Telephone Policy 116 17.1 Definitions .................................................................................................................................... 116 17.2 County Owned Cellular Phones ................................................................................................... 116 17.3 Use of Cellular Phones ................................................................................................................. 116 17.4 Personal Use of Cellular Phones .................................................................................................. 117 17.5 Termination of Use of County Owned Cellular Phones .............................................................. 117 17.6 Records Retention of Cell Phone Record ..................................................................................... 117 17.7 Service Billing ............................................................................................................................... 117 Chapter 18 – Telework Policy 119 18.1 Purpose ......................................................................................................................................... 119 Formatted: TOC 5 Formatted: TOC 5 Formatted: TOC 5 M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 11 of 125 18.2 Eligibility ....................................................................................................................................... 119 18.3 Job Responsibilities and Conditions ............................................................................................ 119 18.4 Telework Site ................................................................................................................................ 120 18.5 Computers, Software, Supplies, and Support ............................................................................. 120 18.6 Workers’ Compensation .............................................................................................................. 121 18.7 Overtime, Leave, and Compensation .......................................................................................... 121 18.8 Liability ......................................................................................................................................... 122 18.9 Inclement Weather ...................................................................................................................... 122 18.10 Confidentiality ............................................................................................................................ 122 18.11 Application and Renewal ........................................................................................................... 122 Chapter 19 – Artificial Intelligence (AI) Policy 123 19.1 Purpose ......................................................................................................................................... 123 19.2 Scope ............................................................................................................................................. 123 19.3 Principles ...................................................................................................................................... 123 19.4 Implementation ............................................................................................................................ 123 19.5 Enforcement ................................................................................................................................. 124 19.6 Resources/Contact ....................................................................................................................... 124 Mason County Personnel Policies Adoption Chronology 124 Chapter 1 – Purpose and Scope 1.1 Introduction 21 1.2 Intent of Policies ............................................................................................................................... 21 1.3 Scope of Policies................................................................................................................................ 21 1.4 Changing These Policies .................................................................................................................... 21 1.5 Definitions ......................................................................................................................................... 22 Department Head: .............................................................................................................................. 22 Regular Full-Time Employee: .............................................................................................................. 22 Regular Part-Time Employee: ............................................................................................................. 22 Temporary Employee: ......................................................................................................................... 22 Extra Help Employee: .......................................................................................................................... 22 Continuous Service: ............................................................................................................................ 22 Chapter 2 – General Policies and Practices 23 2.1 Employee Personnel Records............................................................................................................ 23 2.2 Employment Verification .................................................................................................................. 23 2.3 Employee Badge Policy ..................................................................................................................... 23 Formatted: TOC 5 Formatted: TOC 5 Formatted: Default Paragraph Font, Font: Not Bold, Check spelling and grammar Formatted: Default Paragraph Font, Font: Not Bold, Check spelling and grammar Formatted: Default Paragraph Font, Font: Not Bold, Check spelling and grammar Formatted: Default Paragraph Font, Font: Not Bold, Check spelling and grammar Formatted: Default Paragraph Font, Font: Not Bold, Check spelling and grammar Formatted: Default Paragraph Font, Font: Not Bold, Check spelling and grammar Formatted: Default Paragraph Font, Font: Not Bold, Check spelling and grammar Formatted: Default Paragraph Font, Font: Not Bold, Check spelling and grammar Formatted: Default Paragraph Font, Font: Not Bold, Check spelling and grammar Formatted: Default Paragraph Font, Font: Not Bold, Check spelling and grammar Formatted: Default Paragraph Font, Font: Not Bold, Check spelling and grammar Formatted: Default Paragraph Font, Font: Not Bold, Check spelling and grammar Formatted: Default Paragraph Font, Font: Not Bold, Check spelling and grammar Formatted: Default Paragraph Font, Font: Not Bold, Check spelling and grammar Formatted: Default Paragraph Font, Font: Not Bold, Check spelling and grammar M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 12 of 125 2.3.1 Definitions .................................................................................................................................. 23 2.3.2 Requirements ............................................................................................................................. 23 2.3.3 Procedure ................................................................................................................................... 24 2.3.4 Identification Holder Responsibilities ........................................................................................ 24 Chapter 3 – Recruiting and Hiring 25 3.1 Recruiting .......................................................................................................................................... 25 3.2 Hiring ................................................................................................................................................. 25 3.2.1 Screening .................................................................................................................................... 25 3.2.2 Examinations .............................................................................................................................. 25 3.2.3 Applicant Travel ......................................................................................................................... 26 3.2.4 Veteran’s Preference ................................................................................................................. 26 3.2.5 Employee Selection .................................................................................................................... 26 3.2.6 Moving Expenses ....................................................................................................................... 26 3.3 Extra Help Employees ....................................................................................................................... 26 3.4 Employment of Relatives (Nepotism) ............................................................................................... 27 3.4.1 Change in Circumstances ........................................................................................................... 27 3.5 Promotions ........................................................................................................................................ 27 3.6 Probationary Periods ........................................................................................................................ 27 3.7 Trial Service Periods .......................................................................................................................... 28 3.8 Requests for New Positions .............................................................................................................. 28 Chapter 4 – Hours and Attendance 29 4.1 Working Hours .................................................................................................................................. 29 4.2 Hours of Work and Overtime ............................................................................................................ 29 4.2.1 Non-Exempt Employees ............................................................................................................. 29 4.2.2 Exempt Employees ..................................................................................................................... 29 4.3 Compensatory (Comp) Time ............................................................................................................. 29 4.3.1 Comp Time Use .......................................................................................................................... 30 4.3.2 Maximum Accruals ..................................................................................................................... 30 4.3.3 Comp Time Upon Transfer ......................................................................................................... 30 4.4 Attendance ........................................................................................................................................ 30 4.5 Emergency Closures .......................................................................................................................... 31 4.5.1 County Office Closure Procedure ............................................................................................... 31 4.6 Breaks and Mealtime ........................................................................................................................ 32 Formatted: Default Paragraph Font, Font: Not Bold, Check spelling and grammar Formatted: Default Paragraph Font, Font: Not Bold, Check spelling and grammar Formatted: Default Paragraph Font, Font: Not Bold, Check spelling and grammar Formatted: Default Paragraph Font, Font: Not Bold, Check spelling and grammar Formatted: Default Paragraph Font, Font: Not Bold, Check spelling and grammar Formatted: Default Paragraph Font, Font: Not Bold, Check spelling and grammar Formatted: Default Paragraph Font, Font: Not Bold, Check spelling and grammar Formatted: Default Paragraph Font, 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M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 13 of 125 4.6.1 Purpose and Overview ............................................................................................................... 33 4.6.2 Procedures ................................................................................................................................. 33 4.6.3 Reasonable Amount of Time to Express Milk or Breastfeed (Lactation Time) .......................... 33 4.6.4 Private and Secure Rooms to Express Milk or Breastfeed (Lactation Room) ............................ 33 4.6.5 Employee Responsibilities.......................................................................................................... 34 4.6.6 Education and Support .............................................................................................................. 34 4.6.7 Anti-Discrimination, Harassment, or Retaliation ....................................................................... 34 4.6.8 Employee Notification................................................................................................................ 34 4.7 Call Back ............................................................................................................................................ 35 4.8 Payroll Records.................................................................................................................................. 35 Chapter 5 – Compensation 36 5.1 Salary Classification and Grades ....................................................................................................... 36 5.2 Employee Pay Rates .......................................................................................................................... 36 5.2.1 Pay Adjustments ........................................................................................................................ 36 5.2.2 Lead Pay ..................................................................................................................................... 36 5.2.3 Out of Class Pay .......................................................................................................................... 37 5.2.4 Transfers and Promotions .......................................................................................................... 37 5.3 Longevity ........................................................................................................................................... 37 5.3.1 Definitions .................................................................................................................................. 37 Eligible Employees .............................................................................................................................. 37 5.4 Reclassification .................................................................................................................................. 37 5.5 Paydays ............................................................................................................................................. 38 5.6 Deductions ........................................................................................................................................ 38 5.7 Compensation Upon Separation ....................................................................................................... 39 5.8 Uniform Allowance ........................................................................................................................... 39 5.9 Personnel Actions ............................................................................................................................. 40 5.10 Career Incentive Pay Policy ............................................................................................................. 40 5.10.1 Definitions ................................................................................................................................ 40 Licensure ............................................................................................................................................. 40 Professional Certification .................................................................................................................... 41 Certification Program .......................................................................................................................... 41 5.10.2 Eligibility ................................................................................................................................... 41 Formatted: Default Paragraph Font, Font: Not Bold, Check spelling and grammar Formatted: Default Paragraph Font, Font: Not Bold, 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M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 14 of 125 5.10.3 Approval Process ...................................................................................................................... 41 5.10.4 Compensation .......................................................................................................................... 41 5.10.5 Annual Review..................................................................................................................... 42 5.10.6 Documentation and Changes in Status .................................................................................... 42 Chapter 6 – Benefits 43 6.1 Retirement Benefits .......................................................................................................................... 43 6.2 Workers’ Compensation ................................................................................................................... 43 6.2.1 Workers’ Compensation Leave .................................................................................................. 43 6.2.2 Coordination of Benefits ............................................................................................................ 43 6.3 Health Insurance Benefits ................................................................................................................. 44 6.4 Continuation of Insurance Coverage ................................................................................................ 44 6.5 Unemployment Compensation ......................................................................................................... 44 Chapter 7 – Leaves 45 7.1 Vacation Leave .................................................................................................................................. 45 7.2 Sick Leave .......................................................................................................................................... 46 7.2.1 Eligibility Requirements ............................................................................................................. 46 7.2.2 Exempt from Eligibility ............................................................................................................... 46 7.2.3 Leave Accrual ............................................................................................................................. 46 7.2.4 Accrual Year ............................................................................................................................... 47 7.2.5 Carryover of Paid Sick Leave Hours ............................................................................................ 47 7.2.6 Family Member Defined ............................................................................................................ 47 7.2.7 Authorized Uses of Paid Sick Leave ............................................................................................ 48 7.2.8 Increments of Use for Paid Sick Leave ....................................................................................... 49 7.2.9 Rate of Pay When Using Sick Leave ........................................................................................... 49 7.2.10 Reasonable Notice for Use of Sick Leave ................................................................................. 50 7.2.11 Foreseeable Absence ............................................................................................................... 50 7.2.12 Unforeseeable Absence ........................................................................................................... 50 7.2.13 Verification for Absences Exceeding Three Days ..................................................................... 50 7.2.14 Unreasonable Burden or Expense for Verification .................................................................. 51 7.2.15 Abusing Sick Leave May Receive Discipline ............................................................................. 52 7.2.16 Sick Leave Coordinated with Workers’ Compensation ............................................................ 52 7.2.18 Sick Leave Cash-Out ................................................................................................................. 52 7.2.19 Separation from Employment .................................................................................................. 53 Formatted: Default Paragraph Font, Font: Not Bold, Check spelling and grammar Formatted: Default Paragraph Font, Font: Not Bold, Check spelling and grammar Formatted: Default Paragraph Font, Font: Not Bold, Check spelling and grammar Formatted: Default Paragraph Font, Font: Not Bold, Check spelling and grammar Formatted: Default Paragraph Font, Font: Not Bold, Check spelling and grammar 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M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 15 of 125 7.2.20 Reinstatement of Employment ................................................................................................ 53 7.2.21 Payroll ...................................................................................................................................... 54 7.2.22 Retaliation Prohibited .............................................................................................................. 54 7.3 Leave without Pay ............................................................................................................................. 54 7.4 Jury and Witness Leave ..................................................................................................................... 54 7.5 Administrative Leave......................................................................................................................... 55 7.6 Military Leave .................................................................................................................................... 55 7.7 Family Leave ...................................................................................................................................... 55 7.7.1 Substitution of Paid Leave ......................................................................................................... 55 7.7.2 Advance Notice and Medical Certification ................................................................................ 56 7.7.3 Periodic Reporting...................................................................................................................... 56 7.7.4 Health Insurance ........................................................................................................................ 56 7.7.5 Other Insurance ......................................................................................................................... 56 7.7.6 Couples Employed ...................................................................................................................... 56 7.8 Bereavement Leave .......................................................................................................................... 57 7.9 Washington Paid Family and Medical Leave Act .............................................................................. 57 7.9.1 Premiums ................................................................................................................................... 57 7.9.2 Eligibility and Use ....................................................................................................................... 58 7.9.3 Returning from Leave................................................................................................................. 58 7.10 Washington State Long Term Care Trust Act “WA Cares” Compliance .......................................... 58 7.11 Holidays ........................................................................................................................................... 59 7.12 Holidays for Reasons of Faith or Conscience .................................................................................. 59 7.13 Benefits for Part-Time and Extra Help Employees .......................................................................... 60 Chapter 8 – Employee Responsibilities and Conduct 61 8.1 General Code of Conduct .................................................................................................................. 61 8.2 Workplace Safety and Violence Prevention ...................................................................................... 61 8.2.1 Definitions .................................................................................................................................. 61 Unsafe Act ........................................................................................................................................... 61 Acts of Violence: ................................................................................................................................. 61 Workplace: .......................................................................................................................................... 62 Member of the Public: ........................................................................................................................ 62 8.2.2 Responsibilities .......................................................................................................................... 62 Formatted: Default Paragraph Font, Font: Not Bold, Check spelling and grammar Formatted: Default Paragraph Font, Font: Not Bold, Check spelling and grammar Formatted: Default Paragraph Font, Font: Not Bold, Check spelling and grammar Formatted: Default 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M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 16 of 125 8.3 Outside Employment and Conflicts of Interest ................................................................................. 64 8.4 Reporting Improper Governmental Action ....................................................................................... 65 8.4.1 Definitions .................................................................................................................................. 65 8.4.2 Procedure for Reporting Improper Government Action ........................................................... 66 8.4.3 Procedure for Seeking Relief Against Retaliation ...................................................................... 66 8.4.4 Policy Implementation ............................................................................................................... 67 8.4.5 Prohibition of Intimidation and Nondisclosure.......................................................................... 67 8.5 Political Activities .............................................................................................................................. 67 8.6 No Smoking Policy ............................................................................................................................. 67 8.6.1 Definitions .................................................................................................................................. 68 Public Areas: ........................................................................................................................................ 68 Smoking: .............................................................................................................................................. 68 Vape: ................................................................................................................................................... 68 County Property: ................................................................................................................................. 68 8.6.2 No Smoking Signs and Removal of Ashtrays .............................................................................. 68 8.7 Personal Possessions and Electronic Communications .................................................................... 69 8.8 Use of County Equipment ................................................................................................................. 69 8.9 Bulletin Boards .................................................................................................................................. 69 8.10 Contact with the News Media ........................................................................................................ 69 8.11 Solicitations ..................................................................................................................................... 70 8.12 Safety .............................................................................................................................................. 70 8.13 Substance Abuse ............................................................................................................................. 70 8.14 Using Position for Personal Gain ..................................................................................................... 71 8.15 Performance Evaluations ................................................................................................................ 72 8.16 Discipline/Corrective Action ........................................................................................................... 72 Chapter 9 – Separation 73 9.1 Layoff ................................................................................................................................................. 73 9.2 Resignation........................................................................................................................................ 73 9.3 Retirement ........................................................................................................................................ 73 9.4 Offboarding ....................................................................................................................................... 73 Chapter 10 – Complaint Procedures 74 10.1 Complaint Procedures ..................................................................................................................... 74 Chapter 11 – Educational Assistance 75 Formatted: Default Paragraph Font, Font: Not Bold, Check spelling and grammar Formatted: Default Paragraph Font, Font: Not Bold, Check spelling and grammar 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M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 17 of 125 11.1 Introduction .................................................................................................................................... 75 11.2 Objective ......................................................................................................................................... 75 11.3 Procedures ...................................................................................................................................... 75 Chapter 12 – Equal Employment Opportunity 77 12.1 Purpose ........................................................................................................................................... 77 12.2 Policy ............................................................................................................................................... 77 12.3 Prohibition of Discrimination, Harassment, Bullying, and Retaliation ........................................... 77 12.3.1 Definitions ................................................................................................................................ 77 12.4 Employment of Persons with Disabilities ....................................................................................... 78 12.5 Employee Responsibilities .............................................................................................................. 78 12.6 Supervisor/Manager Responsibilities ............................................................................................. 79 12.7 County Responsibilities ................................................................................................................... 79 12.8 Complaint Procedures ..................................................................................................................... 79 Chapter 13 – Vehicle Use Policy 80 13.1 Vehicle Use and Scope .................................................................................................................... 80 13.2 Definitions ....................................................................................................................................... 80 13.3 Assignment of County Vehicles ....................................................................................................... 81 13.4 Qualified Non-Personal Use Vehicles.............................................................................................. 82 13.5 Emergency Responses..................................................................................................................... 83 13.6 Special Equipment Vehicles ............................................................................................................ 83 13.7 Economic Benefit to the County ..................................................................................................... 83 13.8 Temporary Take-Home Vehicle Assignment ................................................................................... 84 13.9 Board of County Commissioners’ Responsibilities .......................................................................... 84 13.10 Budget Management Responsibilities .......................................................................................... 84 13.11 Department Heads and Elected Officials’ Responsibilities ........................................................... 84 13.13 Employee’s Responsibilities .......................................................................................................... 85 13.14 Financial Services – Payroll Responsibilities ................................................................................. 86 13.15 Drivers License and Insurance Requirements ............................................................................... 86 13.16 Use of Personal Vehicles for County Business .............................................................................. 86 13.17 Use of County Vehicles for Personal Business .............................................................................. 87 13.18 Incidental Travel and Stops ........................................................................................................... 87 13.19 Political Use of County Vehicles .................................................................................................... 87 13.20 Use of County Vehicles by Other Individuals ................................................................................ 87 Formatted: Default Paragraph Font, Font: Not Bold, Check spelling and grammar Formatted: Default Paragraph Font, Font: Not Bold, Check spelling and grammar Formatted: Default Paragraph Font, Font: Not Bold, Check spelling and grammar Formatted: Default Paragraph Font, Font: Not Bold, Check spelling and grammar Formatted: Default Paragraph Font, Font: Not Bold, 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M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 18 of 125 13.21 Permitted and Prohibited Uses of County and Personal Vehicles for County Business ............... 87 13.22 Vehicle Use Agreement (VUA) – ................................................................................................... 89 13.23 Driver Disqualification and Review ............................................................................................... 89 13.24 Accidents and Citations ................................................................................................................. 90 13.25 Commercial Driver License ........................................................................................................... 90 13.26 County Vehicle Related Purchases ................................................................................................ 90 13.27 ER&R Vehicles Fuel Policies and Fuel Credit Card Uses ................................................................ 90 13.28 Motor Pool Repairs and Preventative Maintenance .................................................................... 91 13.29 Repairs and Preventative Maintenance ........................................................................................ 91 13.30 General Motor Vehicle Safety ....................................................................................................... 91 13.31 Safety ............................................................................................................................................ 91 Chapter 14 – Travel 93 14.1 Travel Expense Reimbursement ..................................................................................................... 93 14.2 Per Diem (Meal Reimbursement) ................................................................................................... 94 14.2.1 Single Day Per Diem ................................................................................................................. 94 14.2.2 Per Diem While in Overnight Travel Status.............................................................................. 94 14.2.3 Per Diem Three Hour Rule ....................................................................................................... 94 14.3 Advance Travel ................................................................................................................................ 94 14.4 Special Circumstances ..................................................................................................................... 94 14.5 Lodging ............................................................................................................................................ 95 14.6 Transportation ................................................................................................................................ 95 Chapter 15 – Electronic Information Acceptable Use Policy 97 15.1 Electronic Information Policy .......................................................................................................... 97 15.2 Definitions ....................................................................................................................................... 97 15.3 Roles and Responsibilities ............................................................................................................... 97 15.4 Equipment and Programs ............................................................................................................... 98 15.4.1 Acquiring Hardware and Software ........................................................................................... 98 15.4.2 Complying with Copyright and Licensing ................................................................................. 98 15.4.3 Using Personally Owned Software ........................................................................................... 98 15.5 E-Mail and Voice Mail (Electronic Communication) ....................................................................... 98 15.5.1 Acceptable Use ........................................................................................................................ 98 15.5.2 Prohibited Use.......................................................................................................................... 98 15.5.3 Encryption ................................................................................................................................ 98 Formatted: Default Paragraph Font, Font: Not Bold, Check spelling and grammar Formatted: Default Paragraph Font, Font: Not Bold, Check spelling and grammar Formatted: Default Paragraph Font, Font: Not Bold, Check spelling and grammar Formatted: Default Paragraph Font, Font: Not Bold, Check spelling and grammar Formatted: Default 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M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 19 of 125 15.6 E-Mail Management ....................................................................................................................... 99 15.6.1 Policy ........................................................................................................................................ 99 15.6.2 Definitions .............................................................................................................................. 100 Public Record: ................................................................................................................................... 100 Transitory Record: ............................................................................................................................. 100 Non-Record: ...................................................................................................................................... 100 15.7 Internet Access .............................................................................................................................. 100 15.7.1 Acceptable Use ...................................................................................................................... 100 15.7.2 Prohibited Use........................................................................................................................ 101 15.8 Generally Prohibited Uses of Information Resources ................................................................... 101 15.9 Monitoring, Auditing, and Inspection ........................................................................................... 102 Chapter 16 – Social Media Policy 103 16.1 Definitions ..................................................................................................................................... 103 16.2 Administration of Social Media ..................................................................................................... 104 16.3 Mason County Website ................................................................................................................. 105 16.4 Social Media Public Records ......................................................................................................... 105 16.5 Users and Visitors of Mason County Social Media ....................................................................... 106 16.6 Blogging Policy .............................................................................................................................. 106 16.6.1 Procedures ............................................................................................................................. 107 16.6.2 Author and Commenter Identification .................................................................................. 108 16.6.3 Ownership and Moderation ................................................................................................... 108 16.6.4 Blog Comments and Responses ............................................................................................. 108 16.7 Facebook Standards Policy ........................................................................................................... 109 16.7.1 Establishing a Page ................................................................................................................. 109 16.7.2 Content .................................................................................................................................. 109 16.7.3 Archive ................................................................................................................................... 110 16.8 Twitter Standards Policy ............................................................................................................... 110 16.8.1 Content .................................................................................................................................. 111 16.8.2 Archive ................................................................................................................................... 112 Chapter 17 – Cellular Telephone Policy 113 17.1 Definitions ..................................................................................................................................... 113 17.2 County Owned Cellular Phones .................................................................................................... 113 17.3 Use of Cellular Phones .................................................................................................................. 113 Formatted: Default Paragraph Font, Font: Not Bold, Check spelling and grammar Formatted: Default Paragraph Font, Font: Not Bold, Check spelling and grammar Formatted: Default Paragraph Font, Font: Not Bold, Check spelling and 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M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 20 of 125 17.4 Personal Use of Cellular Phones ................................................................................................... 114 17.5 Termination of Use of County Owned Cellular Phones ................................................................ 114 17.6 Records Retention of Cell Phone Record ...................................................................................... 114 17.7 Service Billing ................................................................................................................................ 114 Chapter 18 – Telework Policy 116 18.1 Purpose ......................................................................................................................................... 116 18.2 Eligibility ........................................................................................................................................ 116 18.3 Job Responsibilities and Conditions .............................................................................................. 116 18.4 Telework Site................................................................................................................................. 117 18.5 Computers, Software, Supplies, and Support ............................................................................... 117 18.6 Workers’ Compensation ............................................................................................................... 118 18.7 Overtime, Leave, and Compensation ............................................................................................ 118 18.8 Liability .......................................................................................................................................... 119 18.9 Inclement Weather ....................................................................................................................... 119 18.10 Confidentiality ............................................................................................................................. 119 18.11 Application and Renewal ............................................................................................................ 119 Mason County Personnel Policies Adoption Chronology 120 Formatted: Default Paragraph Font, Font: Not Bold, Check spelling and grammar Formatted: Default Paragraph Font, Font: Not Bold, Check spelling and grammar Formatted: Default Paragraph Font, Font: Not Bold, Check spelling and grammar Formatted: Default Paragraph Font, Font: Not Bold, Check spelling and grammar Formatted: Default Paragraph Font, Font: Not Bold, Check spelling and grammar Formatted: Default Paragraph Font, Font: Not Bold, Check spelling and grammar Formatted: Default Paragraph Font, Font: Not Bold, Check spelling and grammar Formatted: Default Paragraph Font, Font: Not Bold, Check spelling and grammar Formatted: Default Paragraph Font, Font: Not Bold, Check spelling and grammar Formatted: Default Paragraph Font, Font: Not Bold, Check spelling and grammar Formatted: Default Paragraph Font, Font: Not Bold, Check spelling and grammar Formatted: Default Paragraph Font, Font: Not Bold, Check spelling and grammar Formatted: Default Paragraph Font, Font: Not Bold, Check spelling and grammar Formatted: Default Paragraph Font, Font: Not Bold, Check spelling and grammar Formatted: Default Paragraph Font, Font: Not Bold, Check spelling and grammar Formatted: Default Paragraph Font, Font: Not Bold, Check spelling and grammar Formatted: Default Paragraph Font, Font: Not Bold, Check spelling and grammar M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 21 of 125 Chapter 1 – Purpose and Scope 1.1 Introduction These personnel policies serve as a general guide to the County's current employment practices and procedures. They help employees understand County operations and expectations. These policies also describe County provided compensation and benefits to employees. The County places a high value on employees’ and their wellbeing, aims to provide the support necessary to achieve the mission, and make productive contributions to the organization and residents of Mason County When consistent personnel policies are known and communicated to all, the opportunities for greater job satisfaction increase. Any questions, comments, concerns, or suggestions please contact an appropriate supervisor, Department Head, or Elected Official. 1.2 Intent of Policies These policies are intended as guidelines and do not constitute a contract, express or implied, or any type of promise or guarantee of specific treatment upon which any employee may rely, or as a guarantee of employment for any specific duration. Although the County hopes an employment relationship will be long term, either the employee or County may decide to terminate the employment relationship. Unless specific rights are granted to an employee in civil service rules, a collective bargaining agreement, an employment contract, or elsewhere, all employees of the County are considered at-will employees and as such, may be terminated from County employment at any time with or without cause and with or without notice. No supervisor, manager, or other representative of the County other than the Board of County Commissioners, or the Elected Official in the case of their employee, has the authority to enter into any agreement with an employee for employment for any specified period or to make written or verbal commitments contrary to the foregoing. It is the intent and policy of Mason County to utilize best practice and industry standards when implementing personnel policies. 1.3 Scope of Policies These personnel policies apply to all County employees unless exempted in a specific section. In cases where these policies conflict with any provision of the County Code, Civil Service rules and regulations, the provisions of a collective bargaining agreement, or state or federal law, the terms of that law, rule or regulation, or collective bargaining agreement prevail. In all other cases, these policies apply. The non- economic provisions of these policies shall apply to Elected Official's departments unless the Elected Official(s) have adopted policies covering the same subject(s) and filed those policies with the Board of county Commissioners. 1.4 Changing These Policies The County reserves the right to modify these policies at any time. The Board of County Commissioners or the County Administrator may deviate from these policies to achieve the primary mission of serving the citizens of Mason County. Employees may request specific changes to these policies by submitting suggestions to their Elected Official or Department Head. M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 22 of 125 1.5 Definitions Department Head: An employee who reports directly to the Board of County Commissioners or County Administrator and who is responsible for directing one or more departments. Regular Full-Time Employee: An employee who holds a budgeted position and regularly works a minimum of forty (40) hours a week. Regular Part-Time Employee: An employee who holds a budgeted position and who regularly works less than forty (40) hours a week. Temporary Employee: An employee hired for a specific assignment or project that has a duration of employment and schedule that is anticipated to work one thousand and forty (1,040) hours or more in a twelve (12) month period. Extra Help Employee: An employee who holds a job of limited duration due to special projects, seasonal or abnormal workloads, in the absence of a regular employee, or emergencies. Appointed Employee: An employee appointed by an elected official in their office. For example, Chief Deputy Treasurer, Chief Deputy Clerk, Chief Deputy Prosecutor, etc. Continuous Service: The most recent period of County employment unbroken by periods of unauthorized absence, separation from employment due to discharge, resignation, retirement, or other reason where the employment relationship has ceased, or periods of layoff twelve (12) months or longer. M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 23 of 125 Chapter 2 – General Policies and Practices 2.1 Employee Personnel Records A personnel file for each employee is kept in the Human Resources Department and/or in the department in which they work. An employee's personnel file contains the employee's name, title and/or position held, department to which the employee is assigned, salary, changes in employment status, training received, performance evaluations, insurance enrollment forms, personnel actions affecting the employee, including discipline, and other pertinent information. Medical information about employees is contained in a separate confidential file. Employees have the right to review their file. An employee may request removal of irrelevant or erroneous information in their personnel file. If the County denies the employee's request to remove the information, they may file a written rebuttal statement to be placed in their file. Personnel files are kept confidential to the maximum extent permitted by law. Except for routine verifications of employment, no information from an employee's personnel file will be released to the public, including the press, without a written request for specific information and notification to the employee. 2.2 Employment Verification Only the Elected Official, Department Head, or Human Resources are authorized to provide employment verifications on current or former County employees to outside employers. Other employees shall refer requests for employment verification to the personnel listed above. Information will be limited to verification of employment and salary unless the employee has completed a written waiver and release. Standardized release forms are available through the Human Resources Department. 2.3 Employee Badge Policy To establish guidelines for the issuance of a photo identification badge to all employees and for the use of badges by employees while representing Mason County in an official capacity to provide a safe and secure workplace for all employees. Employees are expected to fully comply with all provisions of this policy. 2.3.1 Definitions Employee: For the purpose of this policy, staff members shall refer to elected officials, full-time, part- time, extra help, and seasonal employees, including volunteers and interns. Employee ID Badge: The official County ID badge for all employees. The ID badges will identify employees’ name, department, and position. Official Capacity: Includes any time while on County property and/or any business where the employee is representing the County. This includes operating any vehicle owned or leased by the County. 2.3.2 Requirements The Human Resources Department will provide all new staff members with a copy of this policy at the time of new employee orientation. All employees are required to wear ID badges at County work areas M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 24 of 125 during official capacity. ID badges are to be prominently worn so the photo is clearly visible to others. The requirement may be temporarily waived at the department’s discretion when wearing the ID badge presents a safety issue. However, the employee must always carry the ID badge when acting in an official capacity. Employees are responsible for safeguarding their own ID badge. Any lost or damaged ID badges should be reported immediately to the employee’s supervisor, who is responsible for reporting it to Human Resources. 2.3.3 Procedure 1. All employees of Mason County will be issued photo identification, clip, and lanyard upon completion of the ID Badge Request Form. 2. All new employees will have their ID badges made by Human Resources by appointment after completing all required new employee training (First Aid/CPR, CORE Training, IS907 Active Shooter…). 3. Employees will be issued one ID badge. 4. New ID badges will be issued to current employees who receive a transfer, promotion, demotion, etc. to a different department or a name change. An ID Badge Request Form will need to be completed along with the required proof of ICS training if not previously done. 5. Supervisors shall report lost or damaged ID badges to Human Resources. Damaged ID badges shall be returned to the Human Resources Department. A reprint of the original ID badge will be done and sent to the department supervisor. 6. Any lost ID badge that is found should be turned in to Human Resources. 7. Upon separation of employment, an employee must turn in their ID badge to their supervisor. The supervisor will send the ID badge to Human Resources. 8. An employee placed on paid/unpaid administrative leave, or that is out for an extended period on other leave, must turn in their badge to their supervisor until returning to work. 2.3.4 Identification Holder Responsibilities 1. Employees will not lend ID badges to anyone. 2. Do not leave ID badge on dash of vehicle or other locations exposed to extreme temperatures or theft. 3. Do not fold, bend, deface, alter pins, stickers, or decals, or mutilate ID badges. 4. Employees will use ID badges for official Mason County business only. 5. Do not leave ID badges unattended. 6. Employees will Immediately notify their supervisor if their ID badge is lost or missing. (Resolution No. 22-18) M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 25 of 125 Chapter 3 – Recruiting and Hiring Employment practices to include recruitment and hiring will be established by Human Resources. They are based solely on an applicant’s ability, merit, qualifications, and competence without regard to race, color, religion, national origin, sex, marital status, pregnancy, disability, age, or other protected status by Federal or State statute. 3.1 Recruiting When a position becomes vacant, prior to any posting or advertisement of the vacancy, the Department Head shall review the position, its job description, and the need for such a position. The Department Head will complete the requisition process to fill the position. Approved and budgeted positions will be posted and/or advertised only after the Human Resources Department and County Administrator have reviewed and approved. Unfunded positions must be briefed to the Board of County Commissioners before posting. County recruitments will include information about pay and other benefits for all postings in accordance with RCW 49.58.100. Interested applicants shall submit a completed application to Human Resources by the designated date prior to being considered for any position. 3.2 Hiring 3.2.1 Screening The County may screen applicants for minimum qualifications and/or subject matter expertise. The Elected Official and Human Resources may decline to move forward with an applicant for specific reasons which may include but are not limited to false statements, used or attempted to use illegal or unethical means to secure an advantage in the application process, failure to reply to inquiries, the applicant arrived late or failed to appear for a scheduled test or interview or expressed lack of interest in the position, failed to provide a completed application packet by the designated date, or improper conduct on the part of the applicant during any examination process. 3.2.2 Examinations The County may administer pre-employment examinations to test the qualifications and ability of applicants, as determined necessary by the County. The County may contract with any agency or individual to prepare and/or administer examinations. Examples of such examinations include requiring applicants/employees to show proof they are authorized to work in the United States, background checks, interviews, written, oral, or physical exercises, reference checks, education verification, disclosure statements, or other valid examination process. Human Resources specifies the nature and content of examinations based upon the advice and information of Elected Officials, Departments, and/or subject matter experts. Applicants for positions in which there are expectations to operate a motor vehicle will be required to present a valid Washington State driver's license with any necessary endorsements. Driving records of applicants may be checked. Applicants with poor driving records, as determined by the County, may be disqualified for employment. M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 26 of 125 3.2.3 Applicant Travel Reasonable expenses incurred by candidates for management level, or hard to fill technical or professional level positions may be reimbursed when such candidates are invited by the appointing authority in writing for personal interviews and approved by the Board of County Commissioners. Expenses will be limited to transportation, lodging, and meals. The transportation reimbursement shall be limited to the amount the County would pay for round trip coach class airfare. The written invitation to the interview shall include an explanation of those expenses that will be reimbursed and the method for claiming reimbursement. 3.2.4 Veteran’s Preference In accordance with RCW 73.16.010 Mason County offers Veteran’s employment preference to service members claiming such benefit in the hiring process. 3.2.5 Employee Selection The employee requisition and selection process shall be completed before any offer of employment is made. After a contingent offer of employment has been made and prior to commencement of employment, the County may require persons selected for employment to successfully pass a test for the presence of alcohol and/or controlled substances. The offer of employment may be conditioned on the results of the examination. A candidate may be disqualified from consideration if tests reveal use of alcohol and/or controlled substances (other than legally prescribed medications), or if the candidate refuses to be tested. 3.2.6 Moving Expenses At the discretion of the Board of County Commissioners and their advance approval, reasonable moving expenses of a new employee in a management level or hard to fill technical or professional level position may be reimbursed. Such reimbursement shall not exceed $5,000. Moving expenses shall mean the cost of moving household goods, furniture, clothing, and other personal effects of the new employee. To be eligible for reimbursement the new employee must agree in writing to refund to the County such moving expenses if they voluntarily terminate their employment within one (1) year of their hire date. 3.3 Extra Help Employees Elected Officials and Department Heads may use extra help employees to temporarily replace regular employees who are on vacation or other leave, to meet peak workload needs, or to temporarily fill a vacancy until a regular employee is hired. Extra help employees may be hired without competitive recruitment or examination, although all hiring processes must comply with state and federal laws. Extra help employees are eligible for overtime pay and sick leave as required by law. Extra help employees normally do not receive retirement, vacation, health insurance, holidays, or any other benefits during their employment. Holidays are the only exception. Extra help employees pay contributions to the Social Security system and to Labor and Industries, as does the County on their behalf. Extra help employees are normally not placed on the state PERS retirement system, although there are a few exceptions based on PERS eligibility criteria, such as those who work over seventy (70) hours per month for five (5) months out of twelve on a long-term basis. M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 27 of 125 3.4 Employment of Relatives (Nepotism) The immediate family, by blood or marriage, of current County employees, Elected Officials and County Commission members will not be employed by the County where: 1. One of the parties would have authority, or practical power, to supervise, appoint, remove, or discipline the other. 2. One party would handle confidential material that creates improper or inappropriate access to that material by the other. 3. One party would be responsible for auditing the work of the other: or 4. Other circumstances exist that might lead to potential conflict among the parties or conflict between the interest of one or both parties and the best interests of the County. Immediate family for the purpose of this section shall include the employee's spouse, registered domestic partner, parent, child, grandchild, brother, sister, father-in-law, mother-in-law, brother-in-law, sister-in- law, son-in-law, daughter-in-law, and step relationships. 3.4.1 Change in Circumstances If two employees marry, become related, or are in a relationship and begin sharing living quarters, and in the County's judgment, the potential problems noted above exist or reasonably could exist, only one of the employees will be permitted to stay with the County, unless other arrangements, as determined by the Board of County Commissioners, can be made to eliminate the potential problem. The decision as to which employee will remain with the County must be made by the two employees within thirty (30) calendar days of the date they marry, become related, or begin sharing living quarters. If no decision is made during this time, either employee may be terminated. 3.5 Promotions The County encourages promotion from within the organization whenever possible. All openings will be posted so that employees may become aware of opportunities and apply for positions in which they are interested and qualified. Before advertising a position to the public, Human Resources may choose to circulate a promotional opportunity within the County. The County reserves the right to seek qualified applicants outside of the organization at its discretion. Employees must meet the qualifications for the vacant position to be considered for promotion. Before offering a position, the Employee Selection Process must be completed in accordance with current HR procedures. 3.6 Probationary Periods All newly hired employees will serve a probationary period of six (6) calendar months from date of hire. The Employer may discharge a probationary employee with a minimum of one (1) day written notice. The County may extend the six (6) month probationary period up to an additional six (6) months. Employees may not take vacation while in their probationary period. M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 28 of 125 3.7 Trial Service Periods Current employees transferred, reclassified, or promoted to another position may serve a trial service period of six (6) months. 3.8 Requests for New Positions New position requests may be submitted under the following circumstances: 1. In preparation for submission of the annual budget; 2. Initiation of position changes during the budget year due to changes in service demands, funding, legal, technical, organizational, or programmatic requirements. New position requests will be submitted to the Board of County Commissioners, through Human Resources and Budget, in the format established and maintained by Human Resources. The information submitted must include documentation explaining the need for the position and analysis of the immediate and long-term budget impact, and a draft position description. Human Resources and Budget will submit the request to the Board of County Commissioners for preliminary approval. Upon preliminary approval by the Board, the Human Resources Department will complete a formal review and submit recommendations regarding the proper classification and salary. Formatted: Normal, Left, Font Alignment: Auto M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 29 of 125 Chapter 4 – Hours and Attendance 4.1 Working Hours A normal working schedule for regular, full-time employees consists of forty (40) hours each work week with the workweek beginning Sunday at 12:00 am and ending the following Saturday at 12:00am unless otherwise .specified. Different work schedules may be established by the County to meet job requirements and provide necessary County services. Each employee's Elected Official or Department Head will advise the employee regarding their specific working hours. 4.2 Hours of Work and Overtime All County positions are designated as either "exempt" or "non-exempt" according to the Fair Labor Standards Act (FLSA) and Washington Minimum Wage Act regulations. Employees will be informed of their status by the County. For most County employees, the established work period is forty (40) hours within a seven (7) day work week. All personnel are responsible for accurately reporting all hours worked and leave taken using the County process. Employees failing to accurately record time worked and leave taken are subject to discipline. 4.2.1 Non-Exempt Employees Non-exempt employees are entitled to additional compensation, either in cash or compensatory (comp) time off, when working more than the maximum number of hours during a work periodforty (40) hours in the applicable workweek. All overtime must be authorized in advance by the employee's supervisor. Overtime pay is calculated at one and one-half times (1 ½) the employee's regular rate of pay for all time worked beyond forty (40) hours in the established workweek period. When computing overtime, time paid for but not worked (e.g., holidays, sick leave, and vacation time), is not counted as hours worked. 4.2.2 Exempt Employees Exempt employees are not covered by the FLSA or Washington Minimum Wage Act overtime provisions and do not receive accrue either overtime pay, or comp time. in lieu of overtime pay. Deductions from an exempt employee’s salary for absences of less than one day will generally not be made, if the employee has worked at least one half of their workday and leaves work with supervisory permission. It is expected that full time, over time exempt work schedules will normally consist of approximately forty (40) hours per week; however, emphasis is placed on meeting the responsibilities assigned to the position rather than working a specific number of hours. The nature of responsibilities associated with overtime exempt positions often requires greater than forty (40) hour work week including evening and weekend work and considerable flexibility in work scheduling to accommodate meetings and functions on weekends and evenings. Due to principles of public accountability, an exempt employee’s salary may be reduced for a partial day absence of four (4) hours or more (or half the employee’s regular work day for an employee working less than a full FTE), or such employee may be placed on leave without pay for absences for personal reasons or because of injury or illness of less than one work day when accrued leave is not used by an employee because: M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 30 of 125 1. Permission for its use has not been sought or has been sought and denied; 2. Accrued leave has been exhausted; or 3. Authorized use of leave without pay. 4. Any absence, taken in increments of fifteen (15) minutes, for the following reasons: a. FMLA leave; b. Participation in political activity; c. Outside employment, subject to approval; or d. Other activities that would be in violation of the Conflict-of-Interest policy if conducted during regular business hours. Exempt employees who are absent from work shall use paid leave time or have their salaries reduced for the following types of absences: • FMLA leave. • Participation in political activity. • Outside employment, subject to approval; or • Other activities that would be in violation of the Conflict-of-Interest Policy if conducted during regular work hours. A Partial day of absence of four (4) hours or more (half the employee’s regular workday for an employee working less than a full FTE). (Resolution No. 89-19) 4.3 Compensatory (Comp) Time Non-exempt employees entitled to overtime pay may request comp time off in lieu of cash payment. This is approved on a case-by-case basis by the supervisor. The County is not required to grant comp time instead of overtime pay. If the comp time option is exercised and approved, the employee is credited with one and one-half (1 ½) times the hours worked as overtime. 4.3.1 Comp Time Use Employees may use comp time within a reasonable time after making a request to their supervisor, unless doing so would unduly disrupt County operations. Comp time should be used for short-term absences from work during times mutually agreed to by the employee and their supervisor. 4.3.2 Maximum Accruals Maximum accruals of comp time shall not exceed forty (40) hours for regular employees unless a higher limit has been authorized in writing by the Board of County Commissioners. After maximum accrual, overtime compensation shall be paid by the appointing authority’s department. Comp time cannot be rolled over, and the allowed forty (40) hours of accrued comp time must be used by the end of each year. If the employee does not use all their accumulated comp time, they will receive a payout for the unused comp time on the December 25 payroll check. Formatted: List Paragraph, Add space between paragraphs of the same style, Numbered + Level: 2 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Indent at: 1" Formatted: Font: (Default) +Body (Calibri) M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 31 of 125 4.3.3 Comp Time Upon Transfer Unused comp time is nontransferable. When an employee is transferring from one department to another and has a balance of unused comp time, the employee is encouraged to use their comp time before the effective date of transfer. When this is not possible, the transferring employee shall receive payment in full for the accrued comp time from the employee’s former department. Payout for comp time is not eligible for a payout payment plan. Exempt regular employees shall not be entitled to any additional compensation for hours worked more than forty (40) hours per week. Employee’s transferring from non-exempt to exempt positions are encouraged to use their comp, banked holiday, and premium time before the effective date of transfer. When this is not possible, the transferring employee shall receive payment in full for the accrued comp, banked holiday, and/or premium time from the employee’s former department. Such payout shall be paid by the appointing authority’s budget, based on the rate of pay for the position from which the employee is transferring from, not the rate of the new position. Payout for comp time is not eligible for a payout payment plan. (Resolution No. 89-19 and 2020-86) 4.4 Attendance Punctual and consistent attendance is a condition of employment. Each Elected Official and Department Head is responsible for maintaining an accurate attendance record of their employees. Employees unable to work or unable to report to work on time should notify their supervisor as soon as possible, ordinarily before the workday begins or within thirty (30) minutes of before the employee's usual starting time. If an absence continues beyond one day, the employee is responsible for reporting in each day unless excused from daily reporting by their supervisor. If the supervisor is unavailable, the employee may leave a message with the Elected Official/Department Head or their designated representative, stating the reason for being late or unable to report for work. Failure to notify of an absence or return to work shall, with the approval of Human Resources, be considered job abandonment and/or an automatic resignation. 4.5 Emergency Closures During times of inclement weather or natural disaster, it is essential that the County continue to provide vital public services. Therefore, it is expected that employees make every reasonable effort to report to work without endangering personal safety. An employee who is unable to get to work, arrives late to work, or leaves work early because of unusual weather conditions or other extreme circumstances shall charge the time missed to vacation, floating holiday, comp time or if such leave is not available, to leave without pay. The employee shall advise their supervisor by phone or in person as in any other case of late arrival or absence. In some extreme circumstances, including, but not limited to, flooding, fire, total power outages, or other public health emergencies, one or more County work locations may be unsuitable for employees to perform their jobs safely or effectively. Under such circumstances, if employees are sent home after reporting to work or told to report to work later than their regular starting time, they shall be paid for M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 32 of 125 hours missed from work that day. If employees are advised before reporting to work, or if reasonable efforts were made to advise them before reporting to work, that they should not report to work, such absence for time missed from work shall be charged to vacation, personal holiday, comp time or if such leave is not available, to leave without pay. In no event shall the decision that some employees cannot work due to conditions at their work location entitle other employees who worked, compensation beyond their regular pay. The decision to send employees home or tell them not to report to work shall be made by the Elected Official or Department Head responsible for the work location and is subject to the prior approval of the Board or a single Board member if only one Board member is available. If no Board member is available, the decision of the Elected Official or Department Head shall be final. Such a decision shall include consideration of the expected duration of the condition, safety issues affecting employees or the public and alternative work locations. 4.5.1 County Office Closure Procedure 1. When a major snow, ice or storm event is taking place or appears to be imminent, the road operations manager or their designee shall collect information from a variety of community sources to prepare a road condition report as early as possible, but no later than 4:45 a.m. if possible. 2. On or about 4:45 a.m. the designated road operations manager shall contact the Public Works Director or their designee to discuss the road and weather conditions and latest weather forecast. 3. On or about 5:00 a.m. the Public Works Director or designee calls the County Administrator to advise them of road conditions throughout the county and latest weather forecast and makes recommendation regarding suspending standard operations. The County Administrator shall notify the Commission Chair and Presiding Judges. 4. The Chair shall decide that: a. The situation does not merit suspending standard operations: The County will observe normal business operations because road conditions in most areas of the County are not hazardous; all County operations will be conducted to facilitate justice and commerce. Staff may use leave as provided in the Personnel Policy 4.5 Unusual Weather Conditions/Extreme Circumstances: or b. Opening standard operations will be delayed until specified time later in the day (preferably 10:00 a.m. or 12:30 p.m.) [or closed early if conditions merit] because extremely hazardous conditions currently exist and the safety risks of travel for employees and the public and the associated County liability outweigh the benefit of commencing designated standard operations at the normal time; or c. Extremely hazardous conditions exist and are likely to persist throughout the day and the safety risks of travel for employees, the public, and the associated County liability outweigh the benefit of conducting designated standard operations this day. Conduct of standard operations is suspended until a specified time the following day. M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 33 of 125 5. The Chair will contact the Presiding Judges of Superior and District Courts to determine if it is necessary to make special accommodations for any of their operations during the suspension of standard operations. 6. By 6:00 a.m., the Chair calls Support Services staff to update the County closure information message number (360-427-9670 ext. 678) with information regarding the duration of the suspension. Support Services will contact the media and the Emergency Management/Information Technology Manager or designee. 7. The Emergency Management/Information Technology Manager or designee shall update the County website with the closure information and broadcast an AlertSense emergency alert message. 8. If closure occurs during regular work hours, Support Services staff updates the County closure information message number (x678), contacts each county office, sends out an “all-county" email, sends notice to website and the media. Emergency Management shall broadcast an AlertSense emergency alert message. (Resolution No. 70-16) 4.6 Breaks and Mealtime Employees will be allowed up to a one (1) hour unpaid lunch period as approved and scheduled by the employee’s supervisor. Employees may take one (1) fifteen-minute break for every four (4) hours worked. Breaks should be arranged so that they do not interfere with County business or service to the public. The scheduling of meal periods may vary depending on the department’s workload. Meal periods are unpaid. Lunch periods and breaks shall not be combined, and they may not be used to shorten an employee’s workday. Breaktime for Nursing Mothers Provision: 4.6.1 Purpose and Overview The intent of this policy is to support Mason County employees who are breastfeeding and to meet the requirements of Section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207) as amended by the Patient Protection and Affordable Care Act (effective March 23, 2010). This policy applies to all Mason County employees. 4.6.2 Procedures This policy provides the following information: 1. A reasonable amount of time to express milk or breastfeed (lactation time). 2. Private and secure rooms to express milk or breastfeed (lactation room). 3. Employee responsibilities. 4. Education and support. 5. Anti-discrimination, harassment, or retaliation. M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 34 of 125 6. Employee notification. 4.6.3 Reasonable Amount of Time to Express Milk or Breastfeed (Lactation Time) Managers must provide an employee with a reasonable amount of time to express milk or breastfeed their infants during the workday. The frequency of breaks and the duration may vary. In the early months of a baby’s life, nursing employees will typically need two to three breaks during an eight -hour shift. Typically, the act of expressing breast milk alone will take fifteen to twenty (15-20) minutes. However, the actual length of break may vary depending on additional factors, such as the location of the private space and the amenities nearby (proximity to sink, milk storage area, etc.) Reasonable accommodations shall be made to provide breaks of adequate timing and length to support the ongoing production of breast milk. This may necessitate total break time more than that regularly scheduled on a temporary basis during the breastfeeding experience. Managers and employees will discuss the requested accommodationsaccommodation and any schedule adjustments needed. Nursing mothers may request a flexible work schedule, subject to approval by management, to address their individual needs (e.g., allow the employee the flexibility to come in early or stay late, or use a portion of their lunch period, to make up time). 4.6.4 Private and Secure Rooms to Express Milk or Breastfeed (Lactation Room) Federal guidelines provide that a bathroom may NOT serve as a lactation room. Lactation rooms shall be: 1. Private (window covering is required). 2. Secure (lockable from the inside, if possible). 3. Accommodating (comfortable seating, a table, and power outlets). 4. Reasonably close to the employee’s work area. 5. Provided with a sign to designate the space is in use. Although not required, when possible, the lactation room should also: 1. Be near a sink with hot water and soap for hand washing and equipment cleaning. 2. Have a place where expressed breast milk can reasonably be stored. This does not mean refrigeration must be provided but employees must be allowed to bring insulated food containers and ensure there is a place to store a pump and containers while they are at work. Employees in outlying work locations that do not have a designated lactation room should arrange, with their managers, an intermittent or temporary location to be used as a lactation room. Designated lactation rooms may exist at some Mason County worksites; a list of rooms and scheduling information can be found at: https://masoncountywa.gov/forms/human-resources/lactation-rooms.pdf Please contact Human Resources for additional assistance or questions. M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 35 of 125 4.6.5 Employee Responsibilities Any necessary equipment (breast pump, storage containers, etc.) should be securely stored at the employee's workstation or other storage area agreed upon by the employee and manager. Employees are responsible for keeping milk expression areas clean, using antimicrobial wipes. Breast milk may be stored in a labeled personal storage cooler or in a tightly closed container in a staff refrigerator. 4.6.6 Education and Support Employees have access to additional support and education for breastfeeding through the following resources. 1. Health insurance benefits may cover breastfeeding-related resources and services. Employees should contact their specific health insurance provider to inquire about resources available. Please contact a Mason County Public Health Nurse for additional resource information. 4.6.7 Anti-Discrimination, Harassment, or Retaliation Mason County is committed to supporting its employees who are nursing mothers. As with any right conferred under the FLSA, nursing mothers who express milk or nurse their infants during the workday are protected from discrimination, harassment, or retaliation. Such an action is a violation of this policy and any employee engaging in such misconduct may be subject to discipline, up to and including termination. Any county employee who experiences or witnesses what may be discrimination, harassment, or retaliation toward a nursing mother, is strongly encouraged to address it by asking the person to stop the behavior; and/or reporting the alleged incident to the immediate supervisor, member of management, or Human Resources. 4.6.8 Employee Notification 1. Human Resources shall notify all employees of Mason County’s Breastfeeding Accommodation Policy and Procedures upon adoption. 2. Employees will receive a copy of the Breastfeeding Accommodation Policy and Procedures during New Employee Orientation. 3. Human Resources or management shall provide a copy of the Breastfeeding Accommodation Policy and Procedures when they become aware of an employee preparing for an approaching childbirth or maternity leave. (Resolution No. 37-14) 4.7 Call Back Employees are subject to call back in emergencies or as needed by the County to provide necessary services to the public. Non-exempt employees called back to duty will be paid their appropriate rate of pay for hours worked (the overtime rate for hours worked over the applicable overtime threshold). M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 36 of 125 4.8 Payroll Records Official payroll records are kept by the Auditor. Each Elected Official and Department Head shall submit monthly a signed payroll worksheet for all employees within their department, noting hours worked, leave taken, overtime worked, and comp time taken for each employee. Each Department Head shall submit monthly a signed statement noting regular hours worked and leave taken to the Auditor’s Office. The Board of County Commissioners will approve at regular board meetings. M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 37 of 125 Chapter 5 – Compensation 5.1 Salary Classification and Grades Each regular job title is classified into one of the County's job classifications for salary purposes. Each job classification is designated a particular salary or salary range shown on the County's salary range alignment, which is modified periodically by the Board of County Commissioners, or as specified in the applicable union agreement. Employee’s classifications, grades, and changes are to be tracked in the County’s MUNIS system to maintain the transparency, professionalism, integrity, accountability, respect, and partnership between Mason County, its departments, and the employees. 5.2 Employee Pay Rates Employees shall be paid within the limits of the salary range to which their positions are assigned. Usually, new employees will start their employment at the minimum wage rate for their classification. However, a new employee may, upon the written request of the Elected Official or Department Head and approval of the Human Resources Director, be employed at a higher rate than the minimum. When deemed appropriate, and approved by the Board of County Commissioners, an employee may be compensated at a Y-Rate, which is a rate of pay that either is between steps of the salary range or exceeds the top step of the salary range. A Y-Rate shall remain in effect until such time as a step of the salary range for the employee's job classification equals or exceeds the Y-Rate or the Board of County Commissioners rescinds their authorization for the Y-Rate. Pay increases are contingent on satisfactory performance. If an employee's performance is consistently unsatisfactory, the Elected Official or Department Head may defer a scheduled pay increase for a stipulated period or until the employee's job performance is satisfactory. 5.2.1 Pay Adjustments The Board of County Commissioners may grant a pay adjustment from time to time, raising the salaries of all classifications, a defined group of classifications, or a single classification. Such adjustments, if any, will not normally change an employee's pay anniversary date. The actual day of any pay increase shall be the 1st or 16th of the month, except for working out of class, depending on the date of the anniversary day (e.g., if an employee’s anniversary date is on January 14, the pay increase will take effect January 1). 5.2.2 Lead Pay The County may designate an employee as a Lead and assign Lead Pay. This designation is not considered to be a “job vacancy” or “newly created position”. An employee may be designated a lead if they are directing, overseeing, or organizing, the work of other employees or specific projects. The County reserves the right to make a Lead designation based on other factors and rationale with the approval of Human Resources. A Lead cannot hire, fire, or discipline employees. Employees acting as Lead will receive an additional ten (10) percent increase over their current rate of pay. Lead pay may be approved by the County Administrator, in conjunction with Human Resources, if no budget adjustments are necessary. Requests requiring a budget adjustment shall be brought to the Board of County Commissioners. Lead Pay statuses will be reviewed annually as part of the budget process. M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 38 of 125 5.2.3 Out of Class Pay An employee who has been assigned to perform all of the significant duties of a higher level job classification, due to the absence of the employee who normally holds that position, and who performs such duties for five (5) or more consecutive days, shall be compensated on that step of the salary range of the higher job class that provides at least a five (5) percent increase over their (the employee working out of class) current rate of pay. Out of class pay may be approved by the County Administrator, in conjunction with Human Resources, if no budget adjustments are necessary. Requests requiring a budget adjustment shall be brought to the Board of County Commissioners. 5.2.4 Transfers and Promotions Employees that accept a position in another County office or department (a position under a different Elected Official or Department Head) and that position is of a higher classification and salary range than the employee's current position, will preferably be placed on the step which results in a five (5) percent increase over the employee's current salary. If the Elected Official or Department Head determines that significant training is needed for the employee in the new position, the Elected Official or Department head may offer the position at any step in the higher classification and salary range. [RESOLUTION 61-06, 6/20/06] Upon the request of the Elected Official or Department Head and approval of the Human Resources Director, a promoted employee may be placed at a step higher than specified above. If the Human Resources Director does not concur in a request for advanced step placement for a newly hired, transferred, or promoted employee, the Elected Official or Department Head may appeal that decision to the County Administrator. 5.3 Longevity 5.3.1 Definitions Eligible Employees: For section 5.3 eligible employees are defined as regular full-time employees, appointed employees, and regular part-time employees. The County shall provide additional monthly compensation, beginning January 1, 2023, above each eligible employee’s base salary to recognize continuous length of service as a County employee, as follows: Total Years of Service Completed Additional Pay Increment 1-10 Years 0 % 11-15 Years 1.5 % 16-20 Years 3.0 % 21-25 Years 4.5 % 26 or more Years 6.0 % Regular part-time employees shall receive longevity pro-rated in proportion to the part-time employee is in pay status during the month as compared to that required of full-time employment. M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 39 of 125 5.4 Reclassification A reclassification is a change in the allocation of a position from its current job classification to a different job classification because of changed duties, responsibilities, and/or authority of a position. Reclassification will be considered when an employee has been permanently assigned to perform the primary functions of a different job classification or has been permanently assigned significantly different duties, which may warrant establishing a new job classification. Reclassification requests will not be considered for factors such as increased work volume of the same level of work, added duties of a similar nature already covered by the classification, requiring similar skills, education, or experience, duties within the current classification that have not been previously assigned, additional duties assigned in a higher classification unless those duties become a majority of the current position, enhanced technological tools to perform current duties, salary differences for similar jobs in other jurisdictions/departments, reclassifications which occur in other departments, or as a tool to increase compensation outside of normal processes. Reclassification requests may not be considered for positions covered by a Collective Bargaining Agreement that is in open negotiations. An employee, Department Head, or Elected Official may request reclassification by submitting a written request, which includes a justification, to the Human Resources Director using the designated process. The Human Resources Director shall conduct a position analysis and respond with a recommendation in writing within sixty (60) working days. Recommendations requiring action may then be submitted to the Board of County Commissioners by the Department/Elected Official with supporting documentation for their review. If approved by the Board, the reclassification shall be effective as of the date of Board’s action or other date set by the Board in such action. If the Board denies the request, the matter is closed. The step placement of an employee who has been reclassified shall be the same as if the employee had been promoted, transferred, or demoted, whichever is applicable. 5.5 Paydays County employees are paid semi-monthly on the 10th and 25th of each month and the payroll will be a direct deposit into the bank of the employee's choice. If a regularly scheduled payday falls on Saturday or Sunday, payroll will be a direct deposited on Friday. If a regularly scheduled payday falls on a holiday, payroll will be a direct deposited on the last regular workday prior to the holiday. (Resolution No. 04-08 and 89-19) 5.6 Deductions Some regular deductions from the employee's earnings are required by law; other deductions are specifically authorized by the employee. The County will withhold from the employee's paycheck those deductions required by law and any voluntary deductions authorized by the employee, by applicable union contract, or by statute. All deductions from pay are deducted from the last check of the month. If an employee is overpaid or required deductions were not withheld, the amount overpaid or not withheld M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 40 of 125 will be deducted from future pay on a reasonable basis unless excused by the Board of County Commissioners. (Resolution No. 150-07) 5.7 Compensation Upon Separation When employment with the County is terminated, the employee will receive the following compensation on the next regularly scheduled payday: 1. Regular wages for all hours worked up to the time of termination, which have not already been paid. 2. Any overtime or holiday pay due. 3. A lump sum payment for accrued but unused vacation provided the employee has completed six (6) months of employment, comp time and, for eligible employees, accrued but unused sick leave. 3.4. If applicable, a lump sum payment for accrued by unused sick leave per Article 7.2.18. A lump sum payment for accrued but unused sick leave for eligible employees hired prior to April 13, 2010. (Resolution No. 23-10) Separating employees entitled to payment for accrued leave time, and in the case of employees of the Sheriff's Department, banked holiday time, may request payment for such time in scheduled payments rather than a lump sum. To be eligible for scheduled payments the amount due must be $10,000 or more, the scheduled payments must be $500 or more per month and the employee must agree to conditions established by the county. (Resolution No. 95-04) 5.8 Uniform Allowance Compensation for required employee work apparel shall be based on RCW 49.12.450. Non-Represented employees requesting reimbursement, upon presentation of receipt, under this policy, shall be reimbursed for the purchase of a uniform meeting the following conditions: 1. Notwithstanding the provisions of Chapter 49.46 RCW or other provisions of this chapter, the obligation of the employer to furnish or compensate an employee for apparel required during work hours shall be determined only under this section. 2. Employers are not required to furnish or compensate employees for apparel that the employer requires an employee to wear during working hours unless the required apparel is a uniform. 3. As used in this section, "uniform" means: a. Apparel of a distinctive style and quality that, when worn outside of the workplace, clearly identifies the person as an employee of Mason County. M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 41 of 125 b. Apparel that is specially marked with the employer's logo. 4. Except as provided in subsection (5) of this section, if the employer requires an employee to wear apparel of a common color that conforms to a general dress code or style, the employer is not required to furnish or compensate an employee for that apparel. For the purposes of this subsection, "common color" is limited to the following colors or light or dark variations of such colors: White, tan, gray, blue, or black for tops; and tan, black, blue, or gray, for bottoms. The employer is permitted to require an employee to obtain two sets of apparel to accommodate for the seasonal changes in weather, which necessitate a change in wearing apparel. 5. If the employer changes the color or colors of apparel required to be worn by any of their employees during a two (2) year period, the employer shall furnish or compensate the employees for the apparel. The employer shall be required to furnish or compensate only those employees who are affected by the change. The two (2) year time begins on the date the change in wearing apparel goes into effect and ends two years from this date. The beginning and end of the two (2) year time applies to all employees regardless of when the employee is hired. 6. For the purposes of this section, personal protective equipment required for employee protection under Chapter 49.17 RCW is not deemed to be employee wearing apparel. (Resolution No. 89-19) 5.9 Personnel Actions The Personnel Action Form (PAF) is used to report all changes, such as, but not limited to; appointments, terminations, change in status, leave, compensation of an individual employee, and shall be entered into the County’s financial system MUNIS. Since the information on the PAF form can affect employee’s paycheck, benefits, and receipt of information such as state retirement and W-2’s, it is critical that it be completed by the department in a timely manner, as outlined by Mason County Auditor’s Office. Human Resources and Payroll shall receive PAFs from the departments by the established deadline, per the PAF schedule, to ensure timely, accurate, posting and processing payment to employees. All County departments are required to enter PAF’s into MUNIS for the following (but not limited to) purposes: o Hire o Leave o Master o Re-Hire o Salary o Terminations For questions and clarifications please contact Human Resources or Financial Services – Payroll. 5.10 Career Incentive Pay Policy The following Career Incentive Policy has been established to achieve the goal of encouraging the career growth, education, and development of its employees, as well as attract qualified and professional M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 42 of 125 applicants. Employees are encouraged to take advantage of educational and training opportunities which increase their knowledge and skill in their present jobs, or to prepare them for specific career goals within their departments. 5.10.1 Definitions Licensure: A state’s grant of legal authority to practice a profession within a designated scope of practice. Professional Certification: A standardized process that enables an individual to demonstrate a certain level of competency in a specific career or job function. Upon completion of professional certification requirements, which typically entail passing an exam administered by an industry specific credentialing organization, a certification credential is awarded. Professional certification holders must complete continuing education requirements to retain the credential. Certification Program: A training program on a specialized topic for which participants receive a certificate after completing the course and passing an assessment instrument. The County has identified, and continues to identify, key licenses and professional certifications that are essential to efficient and cost-effective operations of departments on a case-by-case basis. As a result, upon approval, the acknowledged employee may be eligible to receive Career Incentive pay up to $10,000 for Licensure, up to $5,000 for Professional Certification, and up to $2,500 for Certification programs depending on the needs of the County. 5.10.2 Eligibility All regular County employees who have completed their probationary period (if applicable) may be eligible to participate, provided that the employees meet certain eligibility requirements and obtain approval per the policy. If the certification/licensure the employee is seeking is already a part of their position description, they will not receive additional compensation under this policy. The approved incentive pay shall cease when an employee separates from employment in that classification related to the license and/or certification receiving the incentive pay, or the employee no longer has the certification. Career Incentives are neither a guaranteed benefit nor an entitlement of employment with Mason County and is limited by the availability of funds. Incentive pay under this policy is subject to all applicable federal, state, and local taxes. Employees assigned to fully grant funded positions are not eligible unless the grant has funded this benefit. Should an employee submit documentation that the employee knows is false or intentionally misleading to receive benefits for which the employee is not entitled, the employee will be deemed ineligible to continue to participate in the Career Incentive Policy and must repay Mason County for any incentive pay received from submittal of the false or misleading documents. The employee may also be subject to discipline. 5.10.3 Approval Process Employees may apply for Career Incentive Pay using the approved form. The Board of County Commissioners or designee, in consultation with the Human Resources Department, County Administrator, and/or Department Head will review applications. An employee shall only be approved for one (1) incentive pay from the Professional Certification or Licensure level, but not both. Certification incentives shall be limited to up to four (4) certifications per employee. M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 43 of 125 5.10.4 Compensation Class attendance, transportation, travel expenses, and classwork are non-compensable, not eligible for reimbursement, and county equipment is not authorized for use. To qualify for the incentive, the attained license or professional certification must be from a nationally or regionally accredited institution in a field of study directly related to improvement of knowledge and skills in the employee’s current job. Career Incentive pay shall be paid in twelve (12) equal installments over a one (1) year fiscal year beginning January 1. The incentive pay shall be prorated based on the date of approval for the first year. 5.10.5 Annual Review Due to organizational changes and needs employees are not guaranteed this benefit each year. Career Incentive Pay shall be reviewed annually as part of the budget development process. Department Heads will be responsible for submitting renewal requests (like Lead Pay). Mason County reserves the right to terminate, suspend, restrict, withdraw, amend, or modify the Career Incentive Policy in whole or in part at any time based upon the availability of funds or for any other business reason as determined by Mason County. The Board of County Commissioners or designee, in consultation with the Human Resources DepartmentDepartment, is authorized to establish and modify, as needed, a procedure for implementing this policy. If sufficient funds are not available, the Board of County Commissioners or designee in consultation with the Human Resources Department, and Budget & Finance will meet to discuss whether to reduce the amount of the bonus or to delay some or all the payments until the next fiscal year in which sufficient funds are available. 5.10.6 Documentation and Changes in Status An employee is responsible for notifying the Human Resources Department in writing of any changes to their license and/or certification. All documents relating to this plan, including originals or copies of certificates, certifications, diplomas, or transcripts demonstrating employee educational efforts and accomplishments shall become a part of the employee’s permanent file in the Human Resources Department and shall be considered educational achievements and accomplishments in rating and assessing employees for purposes of promotion and transfer. Formatted: Font color: Accent 6 Formatted: Normal, Left, Font Alignment: Auto M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 44 of 125 Chapter 6 – Benefits 6.1 Retirement Benefits The County makes contributions to the Social Security System on behalf of all eligible employees in addition to those contributions made by the employee through FICA payroll deductions. All regular uniformed employees in the Sheriff's Department are covered by the Law Enforcement Officers and Firefighters Retirement System (LEOFF). Benefit levels and contribution rates are set by the State of Washington. All regular full-time and eligible part-time non-uniformed employees are covered under the Public Employees Retirement System (PERS). Benefit levels and contribution rates are set by the State of Washington. Membership in PERS is optional for Elected Officials and the Board of County Commissioners. Employees intending to retire should notify their Elected Official or Department Head of their intent to retire at least six (6) months prior to the date of retirement. The County participates in a Section 457 Deferred Compensation Plan which allows employees to make tax deferred contributions up to certain dollar limits defined by the IRS. Contributions and interest earnings from investments are not subject to income tax withholding until time of receipt. 6.2 Workers’ Compensation Most employees are covered by the State Workers' Compensation Program. This insurance covers employees in case of on-the-job injuries or job-related illnesses. For qualifying cases, State Industrial Insurance will pay the employee for workdays lost and medical costs due to job-related injuries or illnesses. All job-related accidents should be reported immediately to the supervisor along with a completed accident/incident report. When an employee is absent for one or more days or receives medical attention due to an on-the- job injury, they are required to file a claim for Workers' Compensation. If the employee files a claim and is unable to work, the County will continue to pay (by use of the employee's unused sick leave) the employee's regular salary pending receipt of Workers' Compensation benefits unless the employee requests that sick leave not be used. If the employee has no accrued sick leave, they may request usethe use of vacation leave. 6.2.1 Workers’ Compensation Leave An employee receiving Workers Compensation benefits who has exhausted their sick and vacation leave continues to accrue vacation leave and sick leave for up to six (6) months. The County also continues to pay for the employer's portion of health insurance premiums, provided that the employee continues to pay their share of premiums, if any. After six (6) months, the employee's benefits shall cease unless the Board of County Commissioners makes an exception based on the criteria of these policies. The employee may continue health care benefits by self-paying insurance premiums for the remainder of the time they receive Workers Compensation benefits. 6.2.2 Coordination of Benefits When the employee receives Workers' Compensation benefits, they are required to repay to the County the amount covered by Workers' Compensation and previously advanced by the County. This policy is to ensure that employee will receive prompt and regular payment during periods of injury or disability M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 45 of 125 caused by a work-related injury so long as accrued leave is available, while ensuring that no employee receives more than they would have received had the injury not occurred. Upon the repayment of funds advanced, the appropriate amount of leave shall be restored to the employee's account. The County may require an examination at its expense to determine when the employee can return to work and if they will be capable of performing the essential duties of the position with or without reasonable accommodation. 6.3 Health Insurance Benefits Regular full-time employees and regular part-time employees working at least eighty (80) hours per month and their dependents are eligible to participate in the County's various insurance programs on the first day of the month following employment, except that if the first day of employment is the first of the month their eligibility shall commence immediately. The programs and criteria for eligibility will be explained upon hire. The County contributes toward the cost of premiums in the amounts authorized by the Board of County Commissioners. The remainder of the premiums, if any, shall be paid by the employee through payroll deduction. The County reserves the right to make changes in the carriers and provisions of these programs at its discretion, with prior notice to affected employees. Employees electing not to take coverage for those insurance programs that the County contributes toward the cost of premiums may be required to sign a waiver of coverage. Extra help employees will normally not be eligible for insurance coverage. 6.4 Continuation of Insurance Coverage When certain qualifying events occur, including an employee's termination from County employment, beginning an unpaid leave of absence, or a reduction in hours worked, at the employee's option and expense, the employee may be eligible to continue County health insurance benefits to the extent provided under the federal COBRA statutes and regulations. Covered dependents may also be eligible, at their option and expense, to continue County health insurance coverage. To the extent allowed by law, an administrative handling fee over and above the cost of the insurance premium may be charged to the employee or their dependents who elect to exercise their COBRA continuation rights. An explanation of COBRA rights will be provided to new hires, annually to current employees, and when a qualifying event occurs. For eligible employees who terminate, retire or are on an approved leave of absence, the County will pay the premium for the month the employee is leaving, provided the employee is on paid status for the eighty (80) hours in the month. 6.5 Unemployment Compensation County employees may qualify for State Unemployment Compensation after termination from county employment depending on the reason for termination from employment. M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 46 of 125 Chapter 7 – Leaves Some leaves listed in Chapter 7 affect an employee’s paycheck, benefits, and receipt of information such as state retirement and W-2’s, therefore a Personnel Action Form (PAF) may be required to be entered into the County’s financial system. 7.1 Vacation Leave Each regular full-time employee shall accrue paid vacation leave as follows: Years of Continuous Service Vacation Days Earned 1-3 12 4-7 15 8-9 18 10-11 20 12-14 22 15-16 23 17-19 24 20+ 25 All new employees must satisfactorily complete their probationary period to be entitled to the accrual and use of vacation leave. Regular part-time employees will receive vacation on a pro-rata basis. Extra help employees are not eligible for any vacation benefits. Employees do not accrue vacation benefits during a leave without pay. Usually, new employees will start their employment at the minimum vacation accrual rate. However, as part of the negotiated compensation package, for an at will position, a new employee may, upon the written request of the Elected Official or Department Head and approval of the Human Resources Director, be employed at a higher accrued vacation rate than the minimum. 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 for that the month. (Resolution No. 95-04) 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 for subsequent increases in the vacation accrual rate for employees hired between the sixteenth and the last day of the month. Each department is responsible for scheduling its employees' vacations without undue disruption of department operations. Leave requests shall normally be submitted at least two weeks prior to taking vacation leave. The maximum amount of vacation leave that may be accrued at any point in time is four hundred (400) hours. No vacation leave accrued will be added to an employee's vacation leave benefit when the Formatted: Font: (Default) +Body (Calibri) M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 47 of 125 maximum accrual has been attained, except that the four hundred (400) hours maximum may be exceeded in any given month with prior written approval of the Elected Official or Department Head. Employees will be paid for unused vacation time upon termination of employment, except in the case of termination during the first six (6) months of employment. Employees who resign their position to assume an Elected Office will be paid for unused vacation time upon termination of employment. 7.2 Sick Leave Paid sick leave is available for employees to care for their own health and for the health of their family members. 7.2.1 Eligibility Requirements 1. Regular and Part-Time Regular employees are eligible to use sick leave from their date of hire and may use paid sick leave hours as they are earned; and 2. Employees in part-time, on-call and seasonal and non-regular positions will accrue sick leave from the date of hire but are not eligible to use accrued leave until (ninety) 90 days after their hire date. 3. Per RCW 3.34.100 district judges shall be granted sick leave in the same manner as other county employees. 7.2.2 Exempt from Eligibility 1. Elected Officials 2. Any individual engaged in volunteer work for the county, where the employer-employee relationship does not in fact exist or where the services are rendered gratuitously. If the individual receives a reimbursement in lieu of compensation for normally incurred out-of-pocket expenses or receives a nominal amount of compensation per unit of voluntary services rendered, an employer-employee relationship is deemed not to exist for the purpose of this policy (Boards, Commissions, BOE, etc.). 3. Individuals whose duties require that they reside or sleep at the place of their employment or who otherwise spends a substantial portion of their work time subject to call, and not engaged in the performance of active duties (Any on call staff who are not working in the office/field engaged in active duties for their entire shift.) 4. Any resident or inmate of the county correctional, detention, treatment, or rehabilitative institution. 7.2.3 Leave Accrual All employees shall accrue paid sick leave at the rate of one hour (1) per 40 hours worked, beginning from their date of hire (per RCW 49.46.210). There is no cap on the number of leave hours that can be accrued during the accrual year. All regular and part-time regular employees, who are in a paid status, at least eight (80) hours in a month, shall accrue sick leave. Sick leave for all regular part-time employees will be pro-rated based on their full- time equivalency (FTE) percentage. M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 48 of 125 Sick leave for all regular and part-time regular exempt positions, and those in non-represented positions, shall not exceed eight (8) hours in any given month. Employees in regular and part-time regular non-exempt positions shall accrue additional sick leave in accordance with the amounts stated in their collective bargaining agreements. 7.2.4 Accrual Year The leave accrual year is December 16 to December 15. 7.2.5 Carryover of Paid Sick Leave Hours Unused sick leave as of December 15 in any year, shall be carried over to the succeeding year up to the following maximums: 1. For part-time (less than 80 hours a month), non-regular positions, forty (40) hours will carry over to the succeeding year. 2. Employees in regular exempt, part-time regular exempt positions and non-represented employees will carry over a maximum of one hundred and fifty (150) days or twelve hundred (1,200 hours). 3. For represented employees, the number of hours carried over is stated in the collective bargaining agreement. 7.2.6 Family Member Defined When using paid sick leave, the following definition of family member shall apply: 1. A child, including a biological, adopted, or foster child, stepchild, or a child to whom the employee stands in loco parentis, is a legal guardian, or is a de facto parent, regardless of age or dependency status. 2. A biological, adoptive, de facto, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child. 3. A spouse. 4. A registered domestic partner. 5. A grandparent. 6. A grandchild. 7. A sibling; or 8. Other relative or person living in the household of the employee with whom the employee has a familial relationship. 7.2.7 Authorized Uses of Paid Sick Leave Employees are eligible for sick leave for the following reasons: M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 49 of 125 1. Personal mental or physical illness, injury, physical disability, or health condition and/or preventative care such as a medical, dental, or optical appointment. 2. Care of a family member with an illness, injury, health condition and/or preventative care such as a medical, dental, or optical appointment. 3. Employees must make a reasonable effort to schedule such appointments at times which have the least interference with the workday. 4. Quarantine of an employee by a physician for exposures to a contagious disease, where on-the-job presence of the employee would jeopardize the health of others. 5. The need to care for a spouse, parent, or child of the employee who is ill or injured and requires the presence of the employee, except that no more than five (5) days of sick leave may be taken for any occurrence unless the condition of the spouse, parent, or child would qualify the employee for FMLA. The employee shall complete and submit FMLA paperwork to Human Resources within fifteen (15) days, as required by law, for any qualified event. 6. Employees who are ill or injured and require more than five (5) days of sick leave for a FMLA qualified event, shall complete and submit FMLA paperwork to Human Resources within fifteen (15) days, as required by law. 7. In the event of a death in the employee’s immediate family, the Board of County Commissioners may authorize an additional two (2) days beyond bereavement leave as outlined in the Bereavement Leave section of the Personnel Policy. Leave of absence is not to exceed five consecutive calendar days. Such leave is not included in any Family or medical leave period for which the employee is eligible under the Family Leave section of the Personnel Policy. 8. Use of a prescription drugs which impairs job performance or safety. 9. Actual periods of temporary disability related to pregnancy or childbirth. 10. To attend the birth of and/or to care for a newborn child of an employee. 11. Closure of the employee’s place of business or a child’s school/place of care by order of a public official for any health-related reasons. 12. If an employee is sent home for signs and symptoms, and quarantine orders of pandemic related illnesses; and 13. If the employee or the employee’s family member is a victim of domestic violence, sexual assault, or stalking. Authorized use of paid sick leave for domestic violence, sexual assault or stalking includes: a. Seeking legal or law enforcement assistance or remedies to ensure the health and safety of the employee and their family members including but not limited to, preparing for, or participating M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 50 of 125 in, any civil or criminal legal proceeding related to or derived from domestic violence, sexual assault, or stalking. b. Seeking treatment by a health care provider for physical or mental injuries caused by domestic violence, sexual, assault, or stalking. c. Attending health care treatment for a victim who is a member of the employee’s family. d. Obtaining, or assisting a family member in obtaining, services from: a domestic violence shelter; a rape crisis center; or a social services program for relief from domestic violence, sexual assault, or stalking. e. To obtain, or assist a family member in obtaining, mental health counseling related to an incident of domestic violence, sexual assault of stalking in which the employee or a family member of the employee was a victim of domestic violence, sexual assault, or stalking; and f. Participating, for the employee or for a family member, in safety planning; or temporary or permanent relocation; or other actions to increase the safety from future incidents of domestic violence, sexual assault, or stalking. g. For the purpose of leave allowed for victims of domestic violence, sexual assault, or stalking, Chapter 296-135-010 WAC defines “family” members as: o any child, biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis who is under eighteen years of age, or eighteen years of age or older and incapable of self-care because of mental or physical disability. o Spouse means a husband or wife, and individuals in state registered domestic partnerships; See RCW 49.12.265 (6) and 1.12.080 o Parent means a biological or adoptive parent of an employee or an individual who stood in loco parentis to an employee when the employee was a child. o Parent-in-law means a parent of the spouse or of a partner in a state registered domestic partnership of an employee; and o Grandparent means a parent of a parent of an employee. 7.2.8 Increments of Use for Paid Sick Leave Employees may use paid sick leave in 10-minute increments. 7.2.9 Rate of Pay When Using Sick Leave Paid sick leave hours will be compensated at the base salary rate, excluding any overtime, premiums, or other add to pays. Calculation of overtime shall be based on FLSA rules; therefore, use of paid sick leave shall not count towards the overtime calculation. 7.2.10 Reasonable Notice for Use of Sick Leave Employees must provide reasonable advanced notice of an absence from work for the use of paid sick leave to care for self or a family member. Reasonable notice shall be provided to the employee’s Elected Official, Department Head, or immediate supervisor. Any information provided will be kept confidential. M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 51 of 125 7.2.11 Foreseeable Absence If an employee’s absence is foreseeable, the employee must provide notice at least ten (10) working days, or as early as possible, before the first day paid sick leave is used. Employees are required to submit an Employee Notice for Use of Paid Sick Leave form. If possible, notification should include the expected duration of the absence. 7.2.12 Unforeseeable Absence If an employee’s absence is unforeseeable, the employee must contact their Elected Official, Department Head, or immediate supervisor as soon as possible; but no later than one (1) hour before the employee’s required start time. Notice should include the expected duration of absence. In the event it is not possible to provide notice of an unforeseeable absence, a person on the employee’s behalf may provide such notice. Employees are required to complete an Employee Notice for Use of Paid Sick Leave Form on the day following the employee’s return from paid sick leave. 7.2.13 Verification for Absences Exceeding Three Days Employees seeking to use or using paid sick leave for authorized purposes for more than three (3) consecutive days, may be required to provide verification that establishes or confirms that the use of paid sick leave is for an authorized purpose. 1. When an employee or the employee’s family member is sick for more than three (3) consecutive days for which the employee is required to work, acceptable verification may include: a. A doctor’s note or a signed statement by a health care provider indicating that the use of paid sick leave is necessary to care for the employee or an employee’s family member; or b. A written or oral statement from the employee indicating that the use of paid sick leave is necessary to take care of themselves or a family member. 2. When an employee or a member of the employee’s family has been a victim of domestic violence, sexual assault or stalking, the employee may provide any one of the following documents or any combination thereof, to verify the use of leave: a. A written statement that the employee, or a member of the employee’s family, is a victim of domestic violence, sexual assault, or stalking, and that the leave was taken to address related issues. b. A police report indicating that the employee or a member of the employee’s family was a victim of domestic violence. M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 52 of 125 c. Evidence from a court or prosecuting attorney showing that the employee or a member of the employee’s family appeared, or is scheduled to appear, in court in connection with an incident of domestic violence, sexual assault, or stalking. d. A court order of protection. e. Documentation from any of the following persons from whom an employee or a member of the employee’s family sought assistance in addressing the domestic violence situation indicating that the employee or a member of the employee’s family is a victim: o An advocate for victims of domestic violence, sexual assault, or stalking. o An attorney. o A member of the clergy; or o A medical professional. 3. When an employee is absent due to the closure of a school or a place of care, attended by the employee’s child, by, or by a public official due to health-related reasons. A copy of the notice received by the employee regarding the closure shall be provided. Verification must be provided within ten (10) calendar days of the first day that paid sick leave is used to care for either the employee or a family member. 7.2.14 Unreasonable Burden or Expense for Verification If an employee believes obtaining verification for use of paid sick leave would result in an unreasonable burden or expense, please contact Human Resources in writing, prior to the required ten (10) calendar days allotted to provide the verification. Indicate that the absence is for an authorized purpose and explain why verification would result in an unreasonable burden or expense. Within ten (10) calendar days of receiving the employee’s request, Human Resources will work with the Elected Official or Department Head and employee to identify an alternative for the employee to meet the verification requirement in a way that does not result in an unreasonable burden or expense. 1. Company-provided transportation to the employee’s doctor. 2. Sharing the cost of getting a note from a medical provider; or 3. Providing a note of explanation in lieu of other forms of verification. Mason County may choose not to pay an employee for paid sick leave taken more than ten (10) consecutive days until verification is provided. An employee has the right to contact the Mason County Prosecutor in the event they feel they are being discriminated upon or treated unfairly. 7.2.15 Abusing Sick Leave May Receive Discipline In the event an employee misuses, falsifies, or abuses sick leave, the employee will forfeit any leave compensation. The employee may become subject to disciplinary action up to and including termination of employment. M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 53 of 125 7.2.16 Sick Leave Coordinated with Workers’ Compensation An employee receiving worker’s compensation disability insurance payments during a medical related leave shall use only the number of sick leave hours that, together with the workers’ compensation benefits payments, represents the employee’s normal pay for the same period. Financial Services “Payroll” will calculate use of paid sick leave hours on a retroactive basis back to the first day inon which the employee was off work. In no event shall the accumulation of sick leave and L&I income result in any employee receiving income more than 100% of their regular straight-time income for the same period. If the employee elects to use paid sick leave to supplement the employee’s earnings, the employee must notify Human Resources at the start of their disability leave. Once the employee elects to use paid sick leave to supplement their earnings, the employee may not reverse the election. An employee may not elect useto use only a portion of their accrued sick leave. Employees who elect to use their accrued sick leave to supplement their wage while on disability shall bring their workers compensation check in to their department payroll to purchase back all or a portion of their leave hours used and paid to the employee during the disability. Once the employee makes payment to Mason County and Financial Services “Payroll” approves the deposit, the employee’s number of leave hours will be added back to the accrual record. Any employee who collects both a full-accrued leave paycheck and a worker’s compensation disability insurance payment SHALL remit the worker’s compensation disability insurance payment to the county. In the event an employee does not submit, the worker’s compensation disability insurance payment to the county may be subject to disciplinary action for misuses, falsifying, or abusing sick leave. (Resolution No. 89-19) 7.2.18 Sick Leave Cash-Out Payment for and balance up to the maximum amount allowed, by this policy and all other policies, shall be no greater than 1,200 hours of unused Mason County Sick Leave and shall be made only in the following circumstances: 1. Upon termination of employment with fifteen (15) years of continuous service with Mason County, and the employee’s hire date was prior to April 13, 2010; or 2. Upon termination of employment with Mason County, when the termination is contemporaneous with retirement from the applicable Washington State Public Employees Retirement System, and the employee was hired prior to April 13, 2010, with continuous service; or 3. Upon the death of an employee, in which case payment shall be made to their estate, provided the employee was hired prior to April 13, 2010; or 4. Employees who terminate employment to become an Elected Official of Mason County, provided the employee was hired prior to April 13, 2010. Formatted: Normal, Justified M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 54 of 125 5. Per RCW 3.34.100 a district judge may receive when vacating office remuneration for unused accumulated leave and sick leave at a rate equal to one day’s monetary compensation for each four full days of accrued sick leave not to exceed the equivalent of thirty days’ monetary compensation. The district judge shall meet the requirements as outlined in items 1-3 of this section to be eligible for a payout. Terminating employees who are not eligible for payment of unused sick leave shall forfeit all sick leave accrual. 7.2.19 Separation from Employment When an employee in a part-time, seasonal, extra-help, or on-call, non-regular status position separates from employment, there will be no financial or other reimbursement given to the employee for any accrued, unused Washington paid sick leave at the time of separation. Employees in regular status positions will be cashed out for Mason County sick leave in accordance with the terms stated in their collective bargaining agreement, and for exempt and non-represented employees, as stated in the Sick Leave Cash-out section of the Personnel Policy. In the event any employee terminates their position with Mason County and returns within twelve (12) months of separation, only Washington paid sick leave balance shall be restored. If the year has rolled over, prior to the employee’s return to employment, and the employee’s balance was greater than the forty (40) hours, the employee forfeits any unused balance greater than the maximum amount of forty (40) hours. Mason County sick leave hours shall not be paid out upon termination and will be forfeited unless conditions are met in Section 7.2.13 or otherwise stated in a Collective Bargaining Agreement. 7.2.20 Reinstatement of Employment If an employee leaves employment and is rehired within twelve (12) months of separation, any accrued, unused Washington paid sick leave up to 40 hours will be reinstated to the employee’s accrued leave bank. Employees in part-time, non-regular positions who are rehired within twelve (12) months of separation, will not be required to wait ninety (90) days to use accrued their accrued sick leave bank if the employee met this requirement in the previous period of employment. If an employee did not meet the ninety (90) calendar-day requirement prior to separation, prior employment time with the County will be counted for purposes of determining the eligibility of the employee for paid sick leave. If a regular status employee leaves and is rehired within twelve (12) months of separation, any accrued, unused Mason County sick leave not previously paid out was forfeited upon termination of employment and shall not be restored. 7.2.21 Payroll Employees will be notified of their paid sick leave balance each month on their pay stub. This information will include: M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 55 of 125 1. Washington paid sick leave & Mason County sick leave accrued since the last notification. 2. Washington paid sick leave & Mason County sick leave used since the last notification; and 3. Current balances of Washington paid sick leave & Mason County sick leave available for use. 7.2.22 Retaliation Prohibited Any discrimination or retaliation against an employee for lawful exercise of paid sick leave rights is not allowed. Employees will not be disciplined for the lawful use of paid sick leave. If an employee feels discriminated against or retaliated against, the employee may contact the Human Resources Director. If an employee is not satisfied with the response received from the Human Resources Director, the employee shall contact the Mason County Prosecutor for resolution prior to filing a complaint to Washington State Department of Labor & Industries. 7.3 Leave without Pay The Elected Official or Department Head may grant leaves of absence without pay, or authorize a reduced work schedule, for absence from work not covered by any other type of leave or if other leave balances are exhausted. As appropriate for the type of leave requested, paid leave accruals will be utilized prior to unpaid leave, unless Washington Paid Family Medical Leave is utilized. Examples of situations for which leave without pay, or a reduced work schedule may be granted include time off work for personal reasons, such as prolonged illness, parenting, caring for an ill relative, or pursuing an education. Such leave will not normally exceed ninety (90) days. 7.4 Jury and Witness Leave Jury Duty: The County provides all employees leave for jury service. Regular full-time and part- time employees 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. Employees must provide their supervisor with a copy of the jury duty summons as soon as possible after receiving it. Upon completion of jury duty, employees are required to provide their 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. Witness Duty: All employees summoned to testify in court are allowed time off for the period they serve as witnesses. If employees are paid by the County for time 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 the employee is a party in the case. 7.5 Administrative Leave On a case-by-case basis, the County may place an employee on administrative leave with or without pay for an indefinite period. As determined by the County Administrator, in conjunction with Human Resources, administrative leave may be used in the best interests of the County during the pendency of an investigation or other administrative proceeding. M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 56 of 125 7.6 Military Leave Based on RCW 38.40.060, the County provides all employees leave while performing military service in accordance with federal and state law. Regular full-time and part-time employees receive paid military leave of up to 21 working days per year for military service. In general, if military service extends beyond 21 working days, the additional leave will be unpaid. All employees who are not eligible for paid military leave are provided unpaid leave for a period of their military service. Military service includes active military duty and Reserve or National Guard training. Employees are required to provide their supervisor with copies of the military orders as soon as possible after they are received. Reinstatement upon return from military service will be determined in accordance with applicable federal and state law. 7.7 Family Leave The County complies with the Federal Family and Medical Leave Act of 1993 (the FMLA) and all applicable state laws related to family and medical leave. The FMLA provides up to 12 weeks of unpaid, job- protected leave every 12 months to eligible employees for certain family and medical reasons. Family Leave Eligibility: Employees must have worked for the County for at least one year, and for 1,250 hours over the previous 12 months. Unpaid FMLA leave is granted for any of the following reasons: 1. To care for an employee’s child after birth or placement for adoption or foster case. 2. To care for a spouse, son, daughter, or parent who has a serious health condition. 3. For a serious health condition that makes an employee unable to perform the essential functions of the job. Leave to care for a child after birth or placement for adoption or foster care must be concluded within twelve (12) months of the birth or placement. Under such circumstances as allowed by law, FMLA leave may be taken intermittently -- which means taking leave in blocks of time, or by reducing a normal weekly or daily work schedule. 7.7.1 Substitution of Paid Leave At the employee’s or County’s request, certain types of paid leave may be substituted for unpaid FMLA leave. Accrued vacation may be substituted for any type of FMLA leave. Accrued sick leave may be substituted only in the circumstances where County policies or state law allow use. Employees using any sick leave available that may be used for FMLA leave taken, it is the County's policy that employees must use that paid sick leave as part of their FMLA leave. Use of vacation time for FMLA leave, however, is the employee’s option. Employees using paid leave for an FMLA qualifying purpose, it is the County's policy to designate paid leave as counting against the employee’s FMLA leave allowance. Employees are required to notify the County if using paid leave for a reason covered by the FMLA so the leave may be properly accounted for. M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 57 of 125 7.7.2 Advance Notice and Medical Certification The County requires employees provideto provide advance leave notice, with medical certification, of the need for a leave related to a health condition, and with medical certification of fitness to return to duty after medical leave. Taking leave, or reinstatement after leave, may be denied if these re quirements are not met. Employees are required to provide a medical certification to support a request for leave because of a serious health condition (own or child's, spouse’s, or parent's) whenever the leave is expected to extend beyond five (5) consecutive working days or will involve intermittent or part-time leave. The County may require second or third opinions, at their option, at the County’s expense. The County may require the employee to provide a medical certification of fitness for duty to return to work after a medical leave. 7.7.3 Periodic Reporting If employees take leave for more than two (2) weeks, the County may require reporting at least every two weeks on the status and intent to return to work. 7.7.4 Health Insurance If employees are covered by the group health plan (medical, dental or vision), the County will continue to provide paid health insurance during FMLA leave on the same basis as during regular employment. If employees don't return to work after the leave, they will be required to pay back the County’s portion of the insurance premiums unless failure to return was beyond the employee’s control. 7.7.5 Other Insurance If an employee is covered by other insurance plans through the County, such as life insurance, those coverages will continue during paid leave on the same basis as during regular employment. If employees take unpaid FMLA leave, they will be responsible during the leave for the premiums normally paid plus the premiums the County normally pays. If an employee doesn't pay these premiums, the County may choose to pay them for the employee, to keep the coverage from lapsing. The employee will be responsible for repaying the County whether they return to work. 7.7.6 Couples Employed If spouses or domestic partners work for the County and request leave for the birth, adoption, or foster care placement of a child, to care for a new child, or to care for a sick parent, the total annual FMLA leave available to the couple for those purposes is typically (twelve) 12 weeks. Determining Leave Availability: FMLA leave is available for up to 12 weeks during a 12-month period. For purposes of calculating leave availability, the "12-month" period is a rolling 12-month period measured backwards from the date the employee uses any FMLA leave. Leave Related to Pregnancy. If an employee takes leave for the disability phase of pregnancy or childbirth while physically unable to work, this time could be counted against the annual 12-week FMLA leave allowance. M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 58 of 125 Employees are entitled to unpaid leave for the full period of a physical disability resulting from pregnancy and childbirth, even if they are disabled for more than 12 weeks, and even if they don't qualify for leave under the federal law. 7.8 Bereavement Leave The County provides 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-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. 7.9 Washington Paid Family and Medical Leave Act Effective December 31, 2019, Mason County shall remove the Shared Leave Program based on the Washington Paid Family & Medical Leave, which pays employees who qualify for family medical leave based on a qualifying event. Mason County agrees to comply with all provisions of the Washington State Paid Family & Medical Leave statute, per Title 50A RCW. (Resolution No. 89-19) Paid Family and Medical Leave, RCW 50A.05 is a mandatory statewide insurance program that will provide almost every Washington employee with paid time off to give or receive care. If an employee qualifies, this program will allow them to take up to 12 weeks, as needed, if they: 1. Welcome a child into the family (through birth, adoption, or foster placement). 2. Experience a serious illness or injury. 3. Need to care for a seriously ill or injured relative. 4. Need time to prepare for a family member’s pre- and post-deployment activities, as well as time for childcare issues related to a family member’s military deployment. For specifics on military-connected paid leave, visit www.dol.gov/whd/regs/compliance/whdfs28mc.pdf If employees face multiple events in a year, they may be eligible to receive up to 16 weeks, and up to 18 weeks if they experience a serious health condition during pregnancy that results in incapacity. 7.9.1 Premiums The program is funded by premiums paid by both employees and employers. It will be administered by the Employment Security Department (ESD). By statute, the premium rates are determined and adjusted by the state of Washington based on premiums contributed and benefits paid during the previous year. Premium collection started on Jan. 1, 2019. In 2019, the premium is 0.4 percent (0.4%) of wages. Employers can either pay the full premium or withhold a portion of the premium from their employees. Employers who choose to withhold premiums from their employees may withhold up to about sixty-three M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 59 of 125 percent (36%) of the total premium, or $2.44 per week for an employee making $50,000 annually. The employer is responsible for paying the other thirty-seven percent (37%). Businesses with fewer than fifty (50) employees are exempt from the employer portion of the premium but must still collect or opt to pay the employee portion of the premium. Premium collection began Jan. 1, 2019. Employers will calculate and withhold premiums from paychecks and send both the employee share and County share to ESD on a quarterly basis. 7.9.2 Eligibility and Use StartingEffective Jan. 1, 2020, employees who have worked eight hundred and twenty (820) hours in the qualifying period (equal to sixteen (16) hours a week for a year) will be able to apply to take paid medical leave or paid family leave. The eight hundred and twenty (820) hours are cumulative, regardless of the number of employers or jobs someone has during a year. All paid work over the course of the year counts toward the eight hundred and twenty (820) hours, including part-time, seasonal, and temporary work. While on leave, employees are entitled to partial wage replacement. The benefit is generally up to ninety percent (90%) of an employee’s weekly wage, with a minimum of one hundred dollars ($100) per week and a maximum of one thousand dollars ($1,000) per week. Employees will be paid by the Employment Security Department rather than the employer. Unlike the federal Family and Medical Leave Act (FMLA), employees of small businesses may take Paid Family and Medical Leave if they meet the standard eligibility requirements. Please go to paidleave.wa.gov for more information on eligibility and applying for benefits. 7.9.3 Returning from Leave Employees who return from leave under this law will be restored to a same or equivalent job if they work for an employer with fifty (50) or more employees, have worked for this employer for at least twelve (12) months, and have worked one thousand two hundred and fifty (1,250) hours in the twelve (12) months before taking leave (about twenty four (24 hour) per week, on average). Employees can keep their health insurance while on leave. If employees contribute to the cost of their health insurance, they must continue to pay their portion of the premium cost while on leave. Mason County is prohibited from discriminating or retaliating against employees for requesting or taking paid leave. (Resolution No. 89-19) 7.10 Washington State Long Term Care Trust Act “WA Cares” Compliance The parties acknowledge that RCW 50B.04.080 requires premium deductions for the Long-Term Services and Supports Trust Program beginning January 1, 2022. Employees shall be assessed a premium based on the individual’s wages in accordance with RCW 50B.04.080. Mason County and employees will comply with Washington State Long Term Care Trust Act. M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 60 of 125 7.11 Holidays The following are recognized as paid holidays for all regular full-time and part-time employees: Holiday Day Observed New Year's Day January 1 Martin Luther King’s Birthday 3rd Monday in January President's Day 3rd Monday in February Memorial Day Last Monday in May Juneteenth June 19 Independence Day July 4 Labor Day 1st Monday in September Veteran's Day November 11 Thanksgiving Day 4th Thursday in November Day after Thanksgiving Day after Thanksgiving Christmas Eve Day December 24 Christmas Day December 25 (2) Floating Holidays As scheduled with supervisor Holidays falling on Saturday will be celebrated on the preceding Friday. Holidays falling on Sunday will be celebrated on the following Monday. For any holiday to be paid, an employee must be in a paid status on the employee’s scheduled workday before and after the holiday. Employees shall be paid no more than eight (8) hours of holiday benefit pay for that day regardless of their individual work schedule. The use of floating holiday is to be at the discretion of the employee with the approval of the Supervisor in advance of the absence. Floating holiday(s) must be used by December 15, or will be forfeited, unless denied based on staffing needs by the County. Floating holidays shall be used in whole hour increments. Christmas Eve Day may be taken off based on the operational needs of the County and Public Works, and if this cannot be accommodated, the employee will schedule an alternate date with their supervisor’s approval. (Resolution No. 06-02 and 2020-86) Non-exempt regular full-time or part-time employees will be given equivalent time off for any time worked on a holiday. Such work on a holiday must be pre-authorized by the supervisor. Extra help employees are not entitled to holiday and will be paid at their regular straight-time rate for hours worked on a holiday. 7.12 Holidays for Reasons of Faith or Conscience Employees are entitled to two unpaid holidays per calendar year for a reason of faith or conscience or an organized activity conducted under the auspices of a religious denomination, church, or religious organization, as pursuant to SB 5173 - 2013-14 (or successor legislation). M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 61 of 125 The employee may select the days of the two unpaid holidays off with their supervisor’s approval. The unpaid holiday may be compensated through utilization of vacation or comp time or by making alternative work schedule arrangements and following the department’s process to request approval and scheduling time off. Such requests shall not be unreasonably denied unless the absence would unduly disrupt operations, impose an undue hardship, or the employee is necessary to maintain public safety. The two holidays allowed by this section must be taken during the calendar year, if at all; they do not carry over from one year to the next. (Resolution 37-14) 7.13 Benefits for Part-Time and Extra Help Employees Unless noted otherwise in these policies, benefits for regular part-time and extra help employees are as follows: Regular Part-Time Employees: All leave, including holidays, are pro-rated. Pro-rated means the ratio between the number of hours in the employee's normal work schedule and forty (40) hours per week. Regular part-time employees working three-quarter (3/4) time or more shall receive the same insurance premium contribution as regular full-time employees. Regular part-time employees working between eighty (80) hours per month and three-quarter (3/4) time shall receive one-half (1/2) the insurance premium contribution of regular full-time employees. Regular part-time employees, whose hours may drop below the eligibility thresholds referenced above for one or more months during the calendar year due to work requirements, will be eligible for insurance premium contributions for all months if their average hours for the calendar year meet the eligibility criteria. Extra Help Employees: Extra help employees normally are not eligible to receive benefits, including leaves, holidays, and insurance. 7.14 Temporary Modified-Duty Assignments Mason County may identify temporary modified-duty assignments for employees who have an injury or medical condition resulting in temporary work modifications or restrictions. A temporary assignment allows the employee to work, while providing the County with a productive employee during the temporary period. Priority consideration for temporary modified duty assignments will be given to employees with work- related injuries or illnesses that are temporary in nature. No position shall be created or maintained as a temporary modified-duty assignment. Temporary modified-duty assignments are a management right. The availability of temporary modified- duty assignments will be determined on a case-by-case basis, consistent with County operational needs. M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 62 of 125 Temporary modified-duty assignments are subject to continuous reassessment, with consideration given to operational needs and the employee’s ability to perform in a modified-duty assignment. Temporary modified-duty assignments shall generally not exceed a cumulative total of one-thousand and forty (1,040) hours in any one-year period. 7.14.1 Fit-for-Duty The Department Head or Elected may, at employer expense, require the employee to participate in a fit- for-duty evaluation(s) conducted by a medical professional of the County’s choice. A fit-for-duty evaluation may occur before the 1,040 hours in some circumstances, but it will be required in all instances where modified-duty more than 1,040 hours is requested by the employee. The evaluation will be for the purpose of determining any or all of the following: a. If the employee is currently capable of safely performing their job as outlined in the job description, b. If the employee is currently capable of performing in a temporary-modified duty assignment and the limitations that may apply, c. The anticipated duration of modified duty needed before the employee will be able to safely perform their duties as outlined in the job description, d. Once released to regular duty, any anticipated accommodations needed for the employee to perform their duties as outlined in the job description, e. If the medical professional believes the employee is not, and will not, be capable of performing their duties as outlined in the job description, f. Any other factors relevant to determining the employee’s overall fitness to perform their duties as outlined in the job description. Prior to returning to full-duty, employees shall be required to provide certification from their medical professional stating they are edicallymedically cleared to perofmperform the essential functions of their jobs without restrictions or limitations. 7.14.2 Modified-Duty Requests Employees seeking a temporary modified-duty assignment should submit a written request to their Department Head or Elected. The request should, as applicable, include a certification from the treating medical professional containing: a. An assessment of the nature and probable duration of the illness or injury. b. The prognosis for recovery. c. The nature and scope of limitations and/or work restrictions. d. A statement regarding any required workplace accommodations. e. A statement that the employee can safely perform the duties of the temporary modified-duty assignment. The Department Head or Elected will decide if temporary modified-duty assignments are available based on the needs of the County and the limitations of the employee. Formatted: Font: (Default) +Body (Calibri) Formatted: List Paragraph, Indent: First line: 0.25", Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Font: Not Bold, Font color: Auto M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 63 of 125 7.14.3 Employee Responsibilities The responsibilities of employees assigned to temporary modified duty shall include, but are not limited to: a. Communicating and coordinating any required medical appointments in advance with their supervisors. b. Promptly notifying their supervisors of any change in restrictions or limitations after each appointment with their treating medical professional. c. Communicate a status update to their supervisor no less than once every thirty (30) days while assigned to temporary modified duty. d. Submitting a written status report to thte Department Head or Elected with the anticipated date of return to full-duty when a temporary modified-duty assignment extends beyond sixty (60) days. 7.14.4 Supervisor Responsibilities The employee’s immediate supervisor shall monitor and manage the work schedule of those assigned to temporary modified- duty. These responsibilities include, but are not limited to: a. Periodically updating the Department Head or Elected of the status of the performance of employees assigned to temporary modified duty. b. Notifying the Department Head or Elected and ensuring the required documentation facilitating return to full duty is received from the employee. c. Ensuring that employees returning to full duty have completed any required training and/or certification. 7.14.5 Probationary Employees Probationary employees assigned to a temporary modified-duty assignment shall have their probation extended by a period of time equal to their assignment to temporary modified-duty. Formatted: Font color: Auto Formatted: Font color: Auto Formatted: Font color: Auto Formatted: Font: (Default) +Body (Calibri) Formatted: Font color: Auto Formatted: List Paragraph, Indent: First line: 0.25", Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Font: (Default) +Body (Calibri), Font color: Accent 6 Formatted: Font: (Default) +Body (Calibri) M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 64 of 125 Chapter 8 – Employee Responsibilities and Conduct 8.1 General Code of Conduct All County employees are expected to represent the County to the public in a professional manner which is courteous, efficient, and helpful. Employees must maintain a clean and neat appearance appropriate to their work assignment, as determined by their position and Elected Official or Department Head. Since the proper working relationship between employees and the County depends on each employee's on-going job performance, professional conduct and behavior, the County has established certain minimum standards of personal conduct. Among the County's expectations are: Basic tact and courtesy towards the public and fellow employees; adherence to County policies, procedures, processes, safety rules and safe work practices; compliance with directions from supervisors; preserving and protecting the County's equipment, grounds, facilities, and resources; and providing orderly and cost-efficient services to its citizens. The County is a relatively small organization. To function as efficiently as possible, employees may be asked to perform duties outside their regular assignments. It is no reflection of an employee’s worth to the County, but a necessary arrangement in small organizations. To make the most efficient use of personnel, the County also reserves the right to change an employee’s work conditions and the duties originally assigned. If these arrangements become necessary, employee cooperation is expected. 8.2 Workplace Safety and Violence Prevention This policy is intended to ensure that all employees adhere to work practices designed to make the workplace more secure and to refrain from verbal threats or physical actions which may create a safety or security hazard for others in the workplace. The safety and security of the employees of Mason County and members of the public seeking or receiving County services or using County facilities is of the utmost importance. Any prohibited acts committed by employees or members of the public while on premises owned or leased or work sites otherwise occupied by Mason County will be prosecuted as appropriate and/or will cause the use of appropriate managerial, administrative, or disciplinary measures. 8.2.1 Definitions Unsafe Act: Includes but is not limited to, any deliberate act or behavior which jeopardizes the safety or security of oneself, another person, or County property; or failure to act, where there is a duty to act and/or take safety precautions or where such failure would reasonably be known to jeopardize the safety or security of oneself, another person or County property. An unsafe act may include physical contact, such as “horseplay” and is prohibited, whether an injury, safety violation, or actual harm results. Acts of Violence: Includes but is not limited to, any deliberate act or behavior which: 1. Results in a physical assault against a person such as hitting, pushing, kicking, holding/restraining, spitting on, or blocking the movement of another person. M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 65 of 125 2. Constitutes a directly or indirectly communicated or reasonably perceived threat to cause harm, injure, or intimidate another individual. 3. Endangers the safety of oneself or another individual, whether an injury result. 4. Would be reasonably perceived to constitute a threat of inflicting physical harm which in any way interferes with a person’s safety or consists of a directly or indirectly communicated or perceived threat to destroy property using a weapon, a firearm, or other means. 5. Would constitute the violation of a protective or restraining order which lists County locations as being protected areas; or 6. Interferes with the orderly conduct of Mason County operations. An unsafe act and/or act of violence does not include communicated direction by a supervisor to require appropriate performance on the job, the imposition of disciplinary action, or warnings that discipline could occur; or law enforcement employees acting within the scope and authority of their position. Workplace: Any building or areas constituting the place where work is performed or assigned; common areas such as reception areas, halls and private or personal work areas; and any other area where employees engage in official County business, including field locations, County parking lots, vehicles either employer owned or leased or privately owned when used on County business. Member of the Public: Any person who has no legitimate employment-related relationship with the County, including: strangers who have no legitimate business relationship with the County; customers or clients who currently or previously have received services from the County or who have or have had a custodial relationship with the County including inmates, criminal suspects or prisoners; and individuals who have or had personal relationships with County employees such as a current or former spouse, lover, relative, friend or acquaintance. 8.2.2 Responsibilities County employees shall not commit an unsafe act and/or act of violence and employees shall be responsible for reporting any unsafe act and/or act of violence in the workplace, whether physical injury occurs. Employees who believe an unsafe act and/or act of violence has occurred, observe, or are informed of such an act, shall immediately notify their supervisor, department head or management representative. Insofar as possible, any report of an unsafe act and/or act of violence shall include the name of the reporting party, the date, time, and place of the act; the name or identity of the person alleged to have committed the act; a description of the act; and the names of any witnesses. All employees, including managers and supervisors, are responsible for using safe work practices, for following all directives, policies, and procedures, and for assisting in maintaining a safe and secure work environment. M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 66 of 125 A. Employee Responsibilities 1. Imminent Threat or Act of Violence a. Employees shall take the following steps if a threat of violence or act of violence presents an imminent danger to safety: b. Immediately leave the area putting as much distance between themselves and the threat as possible. c. Tell others to leave as the area is evacuated. d. Call 911 and report the threat/emergency as soon as it is safe. e. Provide the 911 dispatcher with identification and the nature and location of the threat/emergency. f. Follow all directions from law enforcement. 2. Threat or Unsafe Act a. Employees shall take the following steps if a threat or unsafe act does not present an imminent danger to safety: b. Notify their supervisor as soon as possible; and c. Complete a county incident report form (Incident Report Form) which can be found on the Risk Management website. 3. Employees who obtain a protective or restraining order which lists County locations as being protected areas or which prohibits contact with the employee while at work, shall immediately advise their supervisor, department head or management representative and provide a copy of the granted order and a description of the person identified in the order. 4. Report personal safety concerns or violations of County policy to a supervisor, manager, or department head. 5. Immediately notify a member of management if there is reason to believe they may become or are victim of unsafe acts, threats, or acts of violence in the workplace. Under no circumstances should employees put themselves at risk in a dangerous situation. Once the situation has been secured by proper authorities, employees shall then cooperate with supervisors, investigators, law enforcement personnel and any others as they conduct follow-up reviews of the incident. B. Department Heads, Managers and Supervisors’ Responsibilities M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 67 of 125 1. Provide this policy and educational opportunities to their employees about workplace safety and violence prevention and make workplace safety and violence prevention training and education programs available to all employees. 2. Immediately notify the Human Resources Department and their appropriate management of any incidents involving unsafe acts and/or acts of violence. 3. Address employee workplace safety concerns and ensure that such concerns are investigated. Safety concerns, and any other situation where an employee has been subjected to or threatened with an unsafe act and/or an act of violence, should be reported to Human Resources 4. Take immediate steps to diffuse or mitigate any situation that has potential to escalate into an unsafe act and/or an act of violence. 5. Forward a copy of the protective or restraining order to the Human Resources Department. 6. Notify appropriate law enforcement agencies about persons who violate a granted protective or restraining order and require the violator to leave the premises immediately. C. Human Resources Department Responsibilities: 1. Assess and investigate all alleged unsafe acts and/or acts of workplace violence as may be appropriate. 2. Provide or make available appropriate training and education about workplace safety and violence prevention, how to identify potentially unsafe acts and/or violent situations, and how to deal with them. 3. Maintain confidentiality of complaints and concerns to the extent allowed by law. 4. Receive and investigate all reports of unsafe acts and/or acts of workplace violence, or threats of the same, made by a county employee. 5. Recommend to the Department Head what, if any, administrative or disciplinary action should be taken when an employee is found to have committed an unsafe act and/or an act of violence. 6. Upon completion of any investigation, notify employees affected by the unsafe act and/or act of violence or threat of the same that the matter has been concluded and that appropriate action has or will be taken. 8.3 Outside Employment and Conflicts of Interest Employees shall not, directly, or indirectly, engage in any outside employment or financial interest which may conflict, in the County's opinion, with the best interests of the County or interfere with the employee's ability to perform their assigned County job. Examples include, but are not limited to, outside employment which: M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 68 of 125 1. prevents the employee from being available for work beyond normal working hours, such as emergencies or peak work periods, when such availability is a regular part of the employee's job. 2. is conducted during the employee's work hours. 3. utilizes County telephones, computers, supplies, or any other resources, facilities, or equipment. 4. is employment with a firm which has contracts with or does business with the County; or 5. may reasonably be perceived by members of the public as a conflict of interest or otherwise discredits public service. Employees considering or engaged in an additional job, contractual commitment, or self- employment, who are concerned about a conflict of interest should discuss the matter with their Elected Official or Department Head. 8.4 Reporting Improper Governmental Action In compliance with the Local Government Employee Whistleblower Protection Act, RCW 42.41.050, this policy is created to encourage employees to disclose in good faith, improper governmental action taken by County officials or employees without fear of retaliation. This policy also safeguards legitimate employer interests by encouraging complaints to be made first to the County, with a process provided for speedy dispute resolution. 8.4.1 Definitions Improper Governmental Action: any action by a County Officer or employee that is: 1. undertaken in the performance of the official's or employee's official duties, whether the action is within the scope of the employee's employment, and 2. in violation of any federal, state, or local law or rule, is an abuse of authority, is of substantial and specific danger to the public health or safety or is a gross waste of public funds. ”Improper governmental action" does not include personnel actions including but not limited to employee grievances, complaints, appointments, promotions, transfers, assignments, reassignments, reinstatements, restorations, reemployment, performance evaluations, reductions in pay, dismissals, suspensions, reprimands, demotions, violations of the local government collective bargaining and civil service laws, alleged labor agreement violations or any action that may be taken under RCW Chapter 41.14 or 41.56. Retaliatory Action: means any (a) adverse change in a local governments employee's employment status, or the terms and conditions of employment including denial of adequate staff to perform duties, frequent staff changes, frequent and undesirable office changes, refusal to assign meaningful work, unwarranted and unsubstantiated letters of reprimand or unsatisfactory performance evaluations, demotion, transfer, reassignment, reduction in pay, denial of promotion, suspension, dismissal or any other disciplinary actions; or (b) hostile actions by other employees toward a local government employee that were encouraged by a supervisor or senior manager or official. M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 69 of 125 Emergency: a circumstance that if not immediately changed may cause damage to persons or property. 8.4.2 Procedure for Reporting Improper Government Action County employees who become aware of improper governmental action shall follow this procedure: 1. Bring the matter to the attention of the Board of County Commissioners or the Prosecuting Attorney, preferably in writing, stating in detail the basis for the employee's belief that an improper action has occurred. This shall be done as soon as the employee becomes aware of the improper action. 2. The Board of County Commissioners or the Prosecuting Attorney, or their designee, shall respond to the report of improper government action, within thirty (30) days of the employee's report. The employee shall be advised of the County's response. 3. The identity of a reporting employee shall be kept confidential to the extent possible under the law unless the employee authorizes the disclosure of their identity in writing. An employee who fails to make a good faith effort to follow this policy shall not be entitled to the protection of this policy against retaliation, pursuant to RCW 42.41.030. In the case of an emergency, where the employee believes that damage to persons or property may result if action is not taken immediately, the employee may bypass the above procedure and report the improper action directly to the appropriate government agency responsible for investigating the improper action. Employees may report information about improper governmental action directly to an outside agency if the employee reasonably believes that an adequate investigation was not undertaken by the County to determine whether an improper government action occurred, or that insufficient action was taken by the County to address the improper action or that for other reasons the improper action is likely to recur. Protection Against Retaliation: It is unlawful for a local government to take retaliatory action because an employee, in good faith, provided information that improper government action occurred. Employees who believe they have been retaliated against for reporting an improper government action shall follow the procedure outlined below. 8.4.3 Procedure for Seeking Relief Against Retaliation 1. Employees shall provide a written complaint to the Board of County Commissioners within thirty (30) days of the occurrence of the alleged retaliatory action. a. The written charge shall specify the alleged retaliatory action; and b. Specifies the relief requested. 2. The Board of County Commissioners or their designee shall respond in writing within thirty (30) days of receipt of the written charge. M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 70 of 125 3. After receiving the County's response, the employee may request a hearing before a state administrative law judge to establish that a retaliatory action occurred and to obtain appropriate relief under the law. The request for hearing must be delivered within the earlier of either fifteen (15) days of receipt of the County's response to the charge of retaliatory action or forty -five (45) days of receipt of the charge of retaliation to the Board of County Commissioners for response. 4. Within five (5) working days of receipt of a request for hearing the County shall apply to the State Office of Administrative Hearing's for an adjudicative proceeding before an administrative law judge. At the hearing, the employee must prove that a retaliatory action occurred by a preponderance of the evidence in the hearing. The administrative law judge shall issue a final decision not later than forty-five (45) days after the date of the request for hearing unless an extension is granted. The final decision of the administrative law judge is subject to judicial review under the arbitrary and capricious standard. Relief ordered by the administrative law judge may be enforced by petition to superior court. 8.4.4 Policy Implementation The Board of County Commissioners are responsible for implementing these policies and procedures. This includes posting the policy on County bulletin boards, making the policy available to any employee upon request, and providing the policy to all newly hired employees. Officers, managers, and supervisors are responsible for ensuring the procedures are fully implemented within their areas of responsibility. 8.4.5 Prohibition of Intimidation and Nondisclosure County Elected Officials or employees may not use their official authority or influence, directly or indirectly to threaten, intimidate, or coerce an employee for the purpose of interfering with that employee’s right to disclose information concerning an improper governmental action in accordance with the provisions of this policy. (Per Resolution No. 27-16) 8.5 Political Activities County employees may participate in political or partisan activities of their choosing if County resources and property are not utilized, and the activity does not adversely affect the responsibilities of the employees in their positions. employees may not campaign on County time or in a county uniform or while representing the County in any way. Any County employee who meets with or may be observed by the public or otherwise represents the County to the public, while performing their regular duties, may not wear or display any button, badge, or sticker relevant to any candidate or ballot issue during working hours. Employees shall not solicit, on County property or County time, for a contribution forto a partisan political cause. 8.6 No Smoking Policy For health and safety considerations, the County prohibits smoking and vaping by employees on all County-owned, leased, or operated areas and all County property is designated as non-smoking and M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 71 of 125 vaping free areas. Smoking and vaping are prohibited in all buildings and vehicles owned or leased by the County are offices or other facilities rented or leased by the County. 8.6.1 Definitions Public Areas: The term “public area” is defined for the purpose of the No Smoking Policy, but not limited to all hallways, conference rooms, elevators, restrooms, lobbies, stairwells, reception areas, and any other areas which are: (1) open to the public, or (2) areas which employees are required to pass through during employment. Smoking: The term “smoke” or “smoking” is defined for the purpose of the No Smoking Policy, but not limited to; the carrying or smoking of any kind of lighted cigarettes, pipes, cigars, chewing of tobacco, vaping and the use of e-cigarettes, or any other lighted smoking equipment. Vape: The term “vape” or “vaping” is defined for the purpose of this chapter as inhaling or exhaling the vapor produced by any noncombustible product that may contain nicotine or a marijuana product and that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor or aerosol from a solution or other substance including any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device. County Property: The term “County property” is defined as the grounds and parking lots surrounding county buildings and all County parks. County property does not include: 1. Private vehicles and residences unless otherwise required by individual or group contracts with the County. 2. County roads. 3. Any person passing by or through County property while on a public sidewalk or public right-of-way has not intentionally violated this chapter. 8.6.2 No Smoking Signs and Removal of Ashtrays The Facilities Department shall post and maintain no-smoking and no-vaping signs in all public areas and county property as defined herein and remove ashtrays from those public areas. Pursuant to RCW 70.160.070 – Intentional Violators, any person intentionally violating this policy by smoking or vaping in a public place, place of employment or within twenty-five feet of doors, windows that open and ventilation intakes or any person removing, defacing, or destroying a sign required by this policy is subject to a civil fine of up to one hundred dollars. The County Sheriff’s Department shall enforce this policy by issuing a notice of civil infraction to be assessed in the same manner as traffic infractions. All County employees are encouraged to help educate the public about the non-smoking and vaping policy by reminding violators not to smoke or vape on the property and by adding the policy to all use agreements and event publications. Violators, who refuse to comply with the smoking and vaping policy, may be asked to leave the County property. M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 72 of 125 The appropriate Department Head or Elected Official is responsible for educating employees about the non-smoking policy and shall resolve intentional employee violations of the policy through disciplinary action. Interpretation of this chapter shall be in a manner that is consistent with RCW 70.160 Smoking in Public Places, prohibiting smoking in all public places and places of employment. (Ordinance No. 91-06 and 20-01) 8.7 Personal Possessions and Electronic Communications The County furnishes desks, closets, and/or lockers for security of employee coats, purses, and other personal possessions. Desks, closets, lockers, cabinets, and furniture are County property for the purpose of County operations. The County also furnishes computers, voice mail, facsimile (fax) communications, electronic mail (E-Mail), data and file transfers using electronic means and Internet access for use in conducting County business only. Because these systems are for County business, none of the communications or information transmitted or stored on these systems is private and may be reviewed by the County and be subject to public disclosure. County electronic communications systems are not for personal use. (Resolution No. 130-04) 8.8 Use of County Equipment Use of County phones for local personal phone calls should be kept to a minimum; long-distance personal use must be approved in advance by the Elected Official or Department Head. Other County equipment, including vehicles, should be used by employees for County business only. An employees' misuse of County services, telephones, vehicles, equipment, or supplies can result in disciplinary action including termination. 8.9 Bulletin Boards Information of special interest to all employees is posted regularly on the County bulletin boards. Employees may not post any information on these bulletin boards without the authorization of their Elected Official or Department Head. Legally required notices shall not be covered or obscured by other materials on any bulletin board. 8.10 Contact with the News Media The Board of County Commissioners, Elected Officials or Department Heads authorized by the Board shall be responsible for all official contacts with the news media, including answering questions from the media. They may designate specific employees to give out procedural, factual, or historical information on subjects. Employees not designated should refer media personnel to an appropriate spokesperson. M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 73 of 125 8.11 Solicitations Most forms of selling and solicitations are inappropriate in the workplace. They can be an intrusion on employees and citizens and may present a risk to employee safety or to the security of County or employee property. The following limitations apply: 1. Persons not employed by the County may not solicit, survey, petition, or distribute literature on our premises at any time. This includes people soliciting for charities, salespersons, questionnaire surveyors, or any other solicitor or distributor. Exceptions to this rule may be made in special circumstances where the County determines that an exception would serve the best interests of the organization and our employees. An example of an exception might be the United Way campaign or a similar, community-based fundraising effort. 2. Employees may not solicit for any purpose during work time. Reasonable forms of solicitation are permitted during non-work time, such as before or after work, during meal breaks, and/or break periods. Soliciting employees who are on non-work time may not solicit other employees who are on work time. Employees may not distribute literature for any purpose during work time or in work areas. The employee lunchrooms are considered a non-work area under this policy. 8.12 Safety Every employee is responsible for maintaining a safe work environment and following the County's safety rules. Each employee shall promptly report all unsafe or potentially hazardous conditions to their Elected Official or Department Head. The County will make every effort to remedy problems as quickly as possible. In case of an accident involving a personal injury, regardless of how serious, employees shall immediately notify their supervisor and complete an accident/incident report. Employee safety depends on the safety consciousness of everyone. To facilitate a safe work environment, employees may not bring dangerous weapons to the workplace. This includes, but is not limited to, weapons for which employees have a valid permit. The only exception to this rule involves law enforcement positions for which the job requires possess dangerous weapons. Employees should consult the County's Safety Policy and Accident Prevention Program for additional details concerning safety. 8.13 Substance Abuse The County's philosophy on substance abuse has two focuses: (1) a concern for the well-being of the employee and (2) a concern for the safety of other employees and members of the public. Availability of Rehabilitation or Treatment: As part of our Employee Assistance Program, we encourage employees who are concerned about their alcohol or drug use to seek counseling, treatment, and rehabilitation. Although the decision to seek diagnosis and accept treatment is completely voluntary, the County is fully committed to helping employees who voluntarily come forward overcome substance abuse problems. In most cases, the expense of treatment may be fully or partially covered by the County's benefit program. Please contact our EAP or Human Resources for more information. Employees who seek advice or treatment will not be subject to retaliation or discrimination. M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 74 of 125 Substance Abuse Policy for Operators of Commercial Motor Vehicles: County employees who hold Commercial Driver’s Licenses (CDL) and who operate commercial motor vehicles (CMV) while employed by the County are subject to additional rules and regulations imposed by the federal government. These regulations require urine drug testing and alcohol breath testing in the following circumstances: 1. Pre-employment. 2. Reasonable suspicion. 3. Post-accident. 4. Return to duty testing. 5. Random testing. CDL holders who test positive must be removed from service and are subject to disciplinary action, up to and including termination. CDL holders should consult the Mason County Drug and Alcohol Testing Policy and Procedure for Department of Transportation Regulated Employees for additional details concerning these rules. Drug-Free Workplace: The manufacturing, distribution, dispensation, possession, and use of unlawful or alcohol on County premises or during work hours by County employees is strictly prohibited. Employees also must notify the County within five (5) days of any conviction for a drug violation in the workplace. Employees should consult the Drug-Free Workplace Policy for additional details on this subject. 8.14 Using Position for Personal Gain No County employee will use their position with Mason County for personal gain from any source. Personal gain is receiving any money, item, or benefit for personal use, which is not available to the public. Exception: Nominal value items ($10.00 or less) with company logos, given for advertising purposes such as samples, pens, calendars, coffee cups and ball caps are acceptable. Requesting, or knowingly accepting, discounts on purchases, tickets, meals, travel, clothing, etc., for personal use is not acceptable. Threats or promises of future business or lack of future business with the County to influence personal business will be referred to the Prosecuting Attorney. (Resolution No. 95-04) 8.15 Performance Evaluations The purpose of performance evaluation is to help an employee be successful in performance and to understand the standards and goals of their position and department. The evaluation will assess and focus on the employee’s accomplishment of their job functions and goals and standards of the position. Where an employee struggles in their performance a plan for correction and training should be developed with the employee. All regular employees should be formally evaluated in writing by their immediate supervisor and/or Department head or designee during the probationary or trial service period and at least annually M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 75 of 125 thereafter. Copies of evaluations will be given to the employee and forwarded to HR for inclusion in the personnel file. Additionally, evaluation of job performance may occur at any time and on an ongoing basis. Evaluation may occur in various ways and may include coaching, counseling, or written assessment. 8.16 Discipline/Corrective Action The intent of progressive discipline is to assist the employee with performance improvement or to correct misconduct. Progressive discipline may not apply where the offense requires more serious discipline in the first instance. Both the sequence and the steps of progressive discipline are determined on a case- by-case basis. Progressive discipline may include: • Oral warnings, which will be documented. • Written warnings, which may also include work performance improvement or corrective action plan for poor work performance or misconduct. • Suspension without pay. • Demotion. • Discharge. M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 76 of 125 Chapter 9 – Separation 9.1 Layoff The County may lay off employees for lack of work, budgetary restrictions, reorganization, or other changes that have taken place. In determining who is to be laid off, consideration will usually be given to individual performance and the qualifications required for remaining jobs. Seniority will be considered when performance and qualifications are equal, as determined by the County. Employees who are laid off may be eligible to be re-employed for up to one (1) year after layoff if a vacancy occurs in a position for which they are qualified. 9.2 Resignation An employee should provide two (2) weeks written notice of resignation to resign in good standing. Management is requested to give at least 30 days’ notice. Employee requests to change their separation date must be approved by the Department Head and the Human Resources Director. 9.3 Retirement Employees should provide six (6) months’ written notice of resignation. Employee requests to change their retirement date must be approved by the Department Head and the Human Resources Director. 9.4 Offboarding Employees separating from the organization shall undergo an offboarding process to mitigate risk and recover assets. An employee placed on paid/unpaid administrative leave or who is out for an extended period on Federal Medical Leave may be subject to all or parts of the offboarding process. Upon separation from employment, the Department Head or designee is responsible for offboarding an employee using the County Offboarding Checklist. Additional items may be necessary based on department. Offboarding should occur on the employee’s last physical day at their workstation. M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 77 of 125 Chapter 10 – Complaint Procedures 10.1 Complaint Procedures The County recognizes that sometimes situations arise in which employees feel that they have not been treated in accordance with County policies. For this reason, the County provides its employees with procedures for resolving complaints. Step 1: Employees should first attempt to resolve any problem or complaint with their supervisor. Step 2: When normal communication between an employee and the supervisor is not successful, or when an employee disagrees with the application of County policies and procedures, the employee should attempt to resolve the problem with their Elected Official or Department Head. The Elected Official or Department Head will usually respond to the employee in writing within five (5) days after meeting with them, if possible. Step 3: If the employee is not satisfied with the response in Step 2 above, the employee may submit the problem, using the County Complaint Form to the Board of County Commissioners or their designee and Human Resources. The form must be filed within ten (10) working days of receiving a response from Step 2 above. The Board of County Commissioners or their designee and Human Resources may meet with the parties, either individually or together, and will usually respond in writing to the complainant within ten (10) days of the meeting. The response and decision shall be final and binding. Certain employees may have more than one source of dispute RESOLUTION rights, i.e., the County's Civil Service rules, a collective bargaining agreement, etc. Employees represented by a bargaining unit or who are covered under civil service rules should follow grievance procedures set out in their respective labor contracts or civil service rules, where applicable. In all other cases, the procedures described in this section shall be used. Under no circumstances shall an employee have the right to utilize both this process and any other complaint or appeal procedure that may be available to an employee.Masonemployee. Mason County will not tolerate retaliation in any form against an individual who makes a complaint of discrimination, harassment, or retaliation, or against any participant in an investigation. Retaliation is a serious violation of this policy and is considered misconduct subject to disciplinary action up to and including termination of employment. Employees will abide by any confidentiality requirements relating to complaint and investigation procedures. M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 78 of 125 Chapter 11 – Educational Assistance 11.1 Introduction If budgetary considerations permit, the County may reimburse full-time regular employees for education costs for courses approved by their Elected Official or Department Head. Approval for reimbursement will be dependent upon the course and its relevance to the employee's current position. Approval must be obtained prior to commencement of each course per semester. Attendance at all course offerings will be outside the employee's regular duty schedule. 11.2 Objective The objective of this policy is to assist employees in furthering their education to enhance current skills for the benefit of the County and the public. 11.3 Procedures 1. Educational assistance will be authorized only when the budget of the Office or Department contains sufficient funds to support this policy AND the course of study will be of benefit to the Office or Department. Access to educational assistance will be solely determined by the Elected Official or Department Head, as appropriate. 2. Approval will be sought using the Educational Assistance Request form. 3. If approved, reimbursement for coursework relevant to the employee's current position is subject to the limitations in paragraphs 8 and 9, below. Approval of a course of study by the Elected Official or the Department Head is required prior to approval of the courses required in that course of study. Accordingly, the Elected Official or Department Head will review employee applications for educational assistance on a course-by-course basis. 4. All relevant bachelor's degrees and associate degrees, if the employee does not already have a bachelor's or associate degree, may, upon approval of the Elected Official or Department Head, be reimbursed subject to the limitations in paragraphs 8 and 9, below. This would apply regardless of the position the employee holds. 5. Certificates or continuing education units (CEU) required for continued certification may be reimbursed at 100 percent. 6. A second degree directly relevant to the employee's current position as determined by the Elected Official or Department Head to be in the best interests of the County may be reimbursed subject to the limitations in paragraphs 8 and 9, below, only if: 1) the first degree is not directly applicable to the employee's position; or, 2) it is an advanced degree in a field of study relevant to the employee's current position. 7. There is no limit to the number of credit hours eligible for reimbursement per semester/quarter. Employees are encouraged to be prudent in the selection of the number of courses attempted each semester. Employees must be in paid status when reimbursement is sought. For this policy, paid status is defined as working the employee's regular schedule or on approved vacation leave. M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 79 of 125 8. Employees must satisfactorily complete the course work to be considered for reimbursement. Satisfactory completion is defined as award of a grade of "C" or higher, or the equivalent, in the coursework for which reimbursement is sought. 9. Reimbursement will be set by the current, lowest tuition rates at either the University of Washington or Washington State University, whichever institution offers the course of instruction concerned. This rate will apply to courses of instruction at private universities, correspondence programs, or other high-cost programs. 10. Initial approval of a course of study does not obligate the County to future/continued approval of courses in that course of study. Course approvals are only valid for the course and semester/quarter given. M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 80 of 125 Chapter 12 – Equal Employment Opportunity 12.1 Purpose The purpose of this policy is to provide guidelines to Elected Officials, Department Heads, employees, volunteers, and members of the public to ensure equal employment opportunities regardless of a person's race, color, creed, national origin, gender, gender identity, sexual orientation, religion, age, veteran’s status, HIV status, genetic information, families with children, sensory, mental, or physical disability, or any other protected class under federal or state statute. Additionally, the policy provides guidelines for identifying, reporting, and resolving claims of discrimination or related retaliation. 12.2 Policy It is the policy of Mason County that no person shall be subjected to employment discrimination based upon their race, color, creed, national origin, gender, gender identity, sexual orientation, religion, age, veteran’s status, HIV status, genetic information, families with children, sensory, mental, or physical disability, or any other protected class under federal or state statute. No individual shall be subjected to retaliation because they have exercised a right protected under the law such as submitting, assisting with, participating in the resolution or investigation of, a complaint of discrimination or harassment. Any form of retaliation is prohibited, will not be tolerated, and is subject to disciplinary action up to and including termination of employment. The County will incorporate appropriate non-discrimination language in all its contracts and collective bargaining agreements. The words "Equal Opportunity Employer" will be included in employment applications and recruitment materials. To further promote the Board of County Commissioners' commitment to non-discrimination, the County will conduct periodic training on the Non-Discrimination & Harassment Policy and to clarify management and employee responsibilities for effective implementation. This Non-Discrimination & Harassment Policy will be distributed and reviewed in new employee orientation. 12.3 Prohibition of Discrimination, Harassment, Bullying, and Retaliation Mason County is committed to a workplace that is free from unlawful discrimination, harassment, bullying, and retaliation. Discrimination, harassment, bullying, and retaliation are strictly prohibited. Complaints of discrimination, harassment, bullying, and retaliation are taken seriously and will be investigated and resolved in a timely manner. 12.3.1 Definitions Discrimination: The County prohibits discrimination against Elected Officials, employees, and volunteers based on race, color, creed, religion, national origin, ethnicity, age, sex, marital status, veteran status, sexual orientation, disability (known or perceived), or any other protected class under federal or state statute. Harassment: Harassment is a form of discrimination that is unwelcome verbal or physical conduct directed toward or relating to a person based on the person's race, color, creed, religion, national origin, ethnicity, age, sex, marital status, veteran's status, sexual orientation, or disability (known or perceived), where the conduct is sufficiently pervasive or severe as to alter the terms and conditions of employment. Such conduct can take many forms, including unwelcome slurs, comments, joking, touching, innuendo, gestures, display or M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 81 of 125 transmission of materials, and other similar conduct. Employees who engage in harassment will be subject to disciplinary action, up to and including termination of employment. Sexual Harassment: Sexual harassment is a type of harassment that consists of unwelcome verbal or physical conduct directed toward or relating to a person because of their gender that is sufficiently pervasive or severe as to alter the terms or conditions of employment. Such conduct can take many forms including unwelcome slurs, comments, jokes, touching innuendo, repeated request for dates, display or transmission of materials, gestures, compliments, and other similar conduct. Sexual harassment also includes unwelcome conduct based on an individual's gender where submission to the conduct or rejection of the conduct is used as a basis for employment decisions regarding the individual. Employees who engage in sexual harassment will be subject to disciplinary action, up to and including termination of employment. Bullying: Repeated and unreasonable behavior directed towards an employee or a group of employees, creating a hostile, intimidating, or offensive work environment. Retaliation: Adverse employment action against employees for complaining in good faith of discrimination, harassment, or retaliation, or for assisting or participating in an investigation of such complaints. Employees who engage in retaliation will be subject to disciplinary action, up to and including termination. 12.4 Employment of Persons with Disabilities Mason County is committed to providing equal opportunities for current and potential County employees with disabilities. Every reasonable effort will be made to create an accessible work environment to the extent possible without undue hardship to the County. Judgements concerning the reasonableness of providing accommodation shall be made by the County on a case-by-case basis. It is the County’s responsibility to determine if the proposed accommodation is effective and reasonable. Employment practices will be administered to allow a person with a disability to participate at the same level as a person without a disability. It is the responsibility of the person with the disability to disclose the existence of the disability if reasonable accommodation is to be requested. 12.5 Employee Responsibilities Each employee is responsible for supporting and adhering to this policy. It is the responsibility of all County employees to bring instances of inappropriate behavior to the attention of management. This includes employees who believe they are the recipient of discriminatory behavior as well as those who believe they have witnessed such behavior directed at another employee. Employees should never tolerate inappropriate or harassing behavior. If possible, they should make their feelings known to the offending employee. Whether they confront the harasser or not, employees must promptly report any offending behavior to their Department Head, Elected Official, or to the Human Resources Department. Employees are strongly encouraged to report concerns about discrimination or harassment before behaviors become severe or pervasive. This will assist the County in its efforts to stop discrimination or harassment before it rises to the level of a violation of anti- discrimination laws. M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 82 of 125 12.6 Supervisor/Manager Responsibilities When a supervisor, manager, department head or elected official suspects or has reason to believe that discriminatory, harassing, or inappropriate behavior has occurred, they shall immediately notify the Director of Human Resources or the Office of the Prosecuting Attorney and report the incident. 12.7 County Responsibilities County Management representatives will promptly and thoroughly investigate all reports of discrimination or harassment. Complaints against either the Human Resources Department or the Prosecuting Attorney's Office will be investigated by a non-county agency. Complaints of discrimination and harassment will be handled with sensitivity, discretion, and confidentiality to the extent allowed by the circumstances and the law. If the County concludes that a violation of this policy occurred, prompt and effective remedial action will be taken. This may include disciplinary action and/or other actions needed to remedy the effects of the discrimination and prevent further incidents. 12.8 Complaint Procedures Employees who feel that they may have been bullied, discriminated against, or sexually harassed, or are aware of actions against another person that may be in violation of this policy, shall immediately contact either their immediate supervisor, their department official, or the Human Resources Department. Complaints should be submitted using the Mason County Internal Discrimination Complaint Form. If the complaint is reported to the employee's supervisor or department official, they will notify the Human Resources Department to carry out the investigation. Any person may file a complaint under this policy when the person believes: 1. They have been the target of discrimination or harassment (including bullying); 2. They have personal and first-hand knowledge of behavior believed to be in violation of this policy; or 3. They are being retaliated against for reporting behavior believed to be in violation of this policy. The complaint must be filed within one-hundred and eighty (180) days of the alleged violation of this policy. The complaint should include a description of the alleged violation, the date it occurred, and the name, signature, address, and phone number of the person filing the complaint. The complaint must include sufficient information to allow for investigation into the allegations. In addition to filing a complaint with Mason County, an individual may file a written complaint within one- hundred and eighty (180) days of the alleged violation with the Washington State Human Rights Commission and/or the Equal Employment Opportunity Commission. Employees are encouraged to exhaust administrative remedies outlined in this policy before outside agencies are consulted. The use of the County's internal discrimination complaint procedure is not a prerequisite to the pursuit of such statutory remedies. When an employee or union files both a grievance and an internal discrimination complaint regarding the same alleged acts or incidences, the investigation and processing of one shall be suspended until the other is completed. M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 83 of 125 Chapter 13 – Vehicle Use Policy 13.1 Vehicle Use and Scope This policy addresses assignment of county vehicles for business use, for home-to-work commuting and after-hours use, use of personal vehicles for county business, mileage allowances, general motor vehicle safety expectations, and reporting requirements for commercial vehicle operators as per RCW 46.25.030. All employees who operate motor vehicles for county-related business are responsible for operating the vehicle in a lawful, safe, and prudent manner. This policy applies to: 1. Departments reporting to the Board of County Commissioners. 2. Elected Officials' Offices with the proviso that those officials are responsible for application of this policy, or a comparable alternative, in their departments. All allowances, mileage reimbursement rates, and other cash disbursements require approval of the Board of County Commissioners. 3. Represented and non-represented employees - Where permitted, the policy is applicable to bargaining unit employees depending on the collective bargaining agreement for that unit and the requirements of RCW 41.56. 4. Where provisions of this policy address topics covered in the Sheriff's Office Vehicle Use policy, those rules shall apply. All users of county vehicles (owned, leased, or rented) or personal vehicles being used for county business purposes, including regular employees, temporary employees, contractors, volunteers, and citizens. 13.2 Definitions Vehicle: Per RCW 46.04.670 includes every device capable of being moved upon a public highway an in, upon, or by which any persons or property is or may be transported or drawn upon a public highway, including bicycles. This includes motorized or non-motorized vehicles to include boats, aircraft, and utility tractors designed to transport persons or goods on public roadways, waterways, or federal airspace. Motor vehicle: Per RCW 46.04.320 means every vehicle that is self-propelled by electric poser obtained from overhead trolley wires, but not operated upon rails. Special Mobile Equipment: Per RCW 46.04.552 means every vehicle not designed or used primarily for the transportation of persons or property and only incidentally operated or moved over a highway, including but not limited to: ditch digging apparatus, well boring apparatus and road construction and maintenance machinery such as asphalt spreaders, bituminous mixers, bucket loaders, tractors another than truck tractors, ditchers, leveling graders, finishing machines, motor graders, road rollers, scarifiers, earthmoving carryalls and scrapers, power shovels and draglines, and transportation of persons or property to which machinery has been attached. Specialized Equipment: Per WAC 468-38-270 certain vehicles are designed and built for unique functions other than transporting persons. The federal highway administration classifies and references some of M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 84 of 125 these vehicles as specialized equipment in Title 23 C.F.R. Part 658.13(e) and sets minimum and/or maximum parameters for the vehicle to operate. The department adopted these specialized classifications and accepted or further defined the legal parameters for operation on state highways. Weapon: A tool or instrument used with the aim of causing damage or harm to live beings or artificial structures or systems. Assigned Take-Home Vehicle: A county vehicle, which is used by a County employee for county business and for regularly commuting to and from the employee's home and workstation. Assigned Vehicle: A county vehicle assigned to a department or county employee for county business, but not for employee commuting to and from the employee's home and workstation. Call-Out: A directive to an employee to report to a work site during off duty time or day, and to respond to emergencies, which require immediate response to protect life and property. Commissioned Officers: All officers commissioned by the Sheriff's Office. Commute Trip Mileage: The mileage from an employee's home to their regular place of work and back, or the actual daily mileage from home to the first worksite and from the last worksite to home. Designated Parking Area: A county parking facility or lot, which has been identified by an employee's Elected Official or the Risk Manager as an acceptable overnight location for parking the employee's assigned county vehicle. Emergency Response: An employee has primary responsibility for immediate response, to protect life and property, and to maintain and enforce law. Occasional Overnight Usage of County-Owned Vehicles: County employees taking home county-owned vehicles for conducting county business away from the employee's normal place of work and outside an employee's normally scheduled work hours. 13.3 Assignment of County Vehicles Purpose and Responsibility It is the responsibility of the Board of County Commissioners (BOCC) to ensure the proper use of public funds concerning the County practice of allowing employees to commute to and from work in County- owned and leased vehicles. The BOCC is to assure all County owned and leased vehicles are used responsibly, and centralized controls are in place to report taxable benefits if applicable. All Take-Home Vehicle assignments for County issued vehicles will be reviewed by the BOCC annually. The BOCC wishes to restrict the number of county-owned and leased vehicles used by employees to commute to and from work. Authority and References M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 85 of 125 IRS Publication 15-B Fringe Benefit IRS Publication 5137 Fringe Benefit Guide IRS Substantiation Requirements §1.274-5 Take-Home Vehicles are only to be assigned to those meeting the IRS requirements of Qualified Non- personal Use Vehicles as identified in Publication 5137, or meet the Emergency Response, Specialized Equipment, or Economic Benefit as defined below. Take-Home Vehicle assignment must be preapproved by BOCC, unless for a temporary assignment. 13.4 Qualified Non-Personal Use Vehicles 1. Clearly marked police, fire, and public safety officer vehicles. 2. Ambulances used as such, or hearses used as such. 3. Any vehicle designed to carry cargo with a loaded gross vehicle weight over 14,000 pounds. 4. Bucket trucks (cherry pickers). 5. Cement mixers. 6. Combines. 7. Cranes and derricks. 8. Delivery trucks with seating only for the driver, or only for the driver plus a folding jump seat. 9. Dump trucks (including garbage trucks). 10. Flatbed trucks. 11. Forklifts. 12. Passenger buses used as such with a capacity of at least 20 passengers. 13. Qualified moving vans. 14. Qualified specialized utility repair trucks (as defined in Publication 5137). 15. Refrigerated trucks. 16. School buses. 17. Tractors and other special purpose farm vehicles. 18. Unmarked vehicles used by law enforcement officers if the use is officially authorized. 19. Pickup Trucks and Vans that meet the specifications as defined in Publication 15-B. M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 86 of 125 The use of County vehicles or travel reimbursement is preferred over the assignment of Take-Home vehicles for conducting county business. Assignment of a County vehicle is neither a privilege nor a right of any County employee. Assignment of a County vehicle shall not be made based on employee merit or employee status. The need for communication access (car radio, telephone, etc.) shall not be considered adequate justification for a County vehicle assignment. Wherever possible, assigned County vehicles shall be picked up and dropped off at designated County parking area, thereby avoiding the assignment of Take-Home Vehicles. 13.5 Emergency Responses Take-Home Vehicles may be assigned to county employees who: 1. Are called out at least 12 times per quarter, or 48 times a year and have primary responsibility to respond to emergencies which require immediate response to protect life or property; and 2. Cannot use alternative forms of transportation to respond to emergencies; and 3. Cannot pick-up County-owned assigned vehicles at designated sites without impacting the employee's ability to respond to emergencies, which require immediate response to protect life or property. Emergency response assignments should be supported by data demonstrating the actual number and nature of emergency responses in the prior year and estimates of future emergency responses. There must be an explanation as to why an employee cannot use alternative forms of transportation to respond to emergencies or pick up county-owned or leased assigned vehicles at designated parking areas. 13.6 Special Equipment Vehicles Take-home vehicles may be assigned if an employee needs specialized equipment or a special vehicle to perform county work outside of an employee's normally scheduled workday. 1. Communication access shall not normally be considered a valid justification for a specially equipped take-home vehicle. 2. Employees must have primary responsibility to respond to emergencies. Special equipment vehicle assignments shall be supported by information describing the special equipment needed to perform the county work. 13.7 Economic Benefit to the County Take-Home vehicles may be assigned if employee’s private vehicle mileage reimbursement costs are greater than the commuting costs for an assigned county vehicle with overnight vehicle usage. 1. Lost productivity costs, the cost of the time it takes an employee to travel from a designated county parking facility to their workstation, shall not be included in the calculation of economic benefit to the county. 2. There must be an explanation as to why an employee cannot use alternative forms of transportation or pick up county-owned or leased vehicles at designated parking areas. 3. Tax treatment of all vehicle assignments shall be subject to current regulations. M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 87 of 125 13.8 Temporary Take-Home Vehicle Assignment Occasional overnight usage of County-owned or leased vehicles is permitted. Such occasional usage of County vehicles may occur when an employee conducts County business away from the employee's normal place of work, and outside an employee's normally scheduled workday. Other types of occasional overnight usage are permitted when the following conditions exist: 1. Inclement weather conditions: When an employee is on-call and has primary responsibility to respond. 2. Emergency preparedness or seasonal assignment: County-owned or leased vehicles are permitted when an employee is on-call and vehicle is taken home less than 12 times per quarter on average. 3. Collective Bargaining Agreement: Authorization for take-home assignments may be granted to employees represented by collective bargaining agreements with language that provides for take- home vehicle assignment. 13.9 Board of County Commissioners’ Responsibilities The BOCC will evaluate, authorize, or deny the current Take-Home vehicle assignments and any new requests from all departments and elected offices by October 31st of each year. Take-Home vehicle authorization shall be for the following periods of time: January 1st to December 31st of each year, unless otherwise specified by a collective bargaining agreement. 13.10 Budget Management Responsibilities Budget Management shall be the department in charge of the following provisions: 1. Maintaining the listing of BOCC approved Take-Home vehicle assignments. 2. Maintain the supporting documents for each Take-Home vehicle assignment. Documents will be compiled, calculated, and submitted to payroll for fringe benefit, per the IRS rules and regulations. 3. Provide Fair Market Value of vehicles for auto fringe benefit calculation if applicable. 4. Develop and maintain records of all Take-Home vehicle assignments for Budget Management provisions. 13.11 Department Heads and Elected Officials’ Responsibilities Department Heads and Elected Officials shall prepare a Vehicle Take-Home Authorization Request Form and submit to Budget Management for presentation to the BOCC. These forms should be submitted by September 30th of each year or when a new Take-Home assignment is issued to Budget Management. Each department and office shall maintain a list of authorized Take-Home Vehicles. The updated list shall be transmitted to Risk Management annually, or upon request by the Budget Manager. This list shall include: 1. Employee name 2. Rank or Title 3. Work location M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 88 of 125 4. Vehicle number 5. Vehicle type 6. County of residence 7. Miles outside the County, if applicable The following standards and criteria shall be applied for proposing Take-Home assignments for all departments, except for the Sheriff’s Office. The employee shall reside within Mason County. The elected may propose a take-home vehicle assignment for employees residing outside the county if both the residence is within 15 miles of the county line and a reasonable 30-minute response time can be met. In addition, there are reasonable and compelling justifications and if such requests are met, the criteria contained in sections 1 through 6 found below. 1. The employee commute mileage shall not be greater than the business mileage. 2. In cases where the Take-Home Vehicle Assignment requests are based on Emergency Response or Special Equipment, the Elected must show that emergency response outside of the employee's normal working hours is necessary due to an eminent threat to life or property. 3. The employee must provide historical data showing the number of emergency responses made during the same time in the previous year. 4. There must be no other employees on duty and available to respond or perform the emergency work during their normal work shift. 5. Before approving Take-Home Vehicle Assignment, the Elected shall first consider whether occasional overnight assignment, temporary on-call status, or reimbursement for the use of a private vehicle will be of greater economic benefit to the county than a Take-Home Vehicle Assignment. 6. The employee has primary countywide custodial control of resources used during emergency response, and who must be available for all emergencies. Commissioned employees of the Sheriff's Office are exempt under, however, for Non-Commissioned employees, this is considered a fringe benefit and may create a tax liability. 13.13 Employee’s Responsibilities A County owned or leased Take-Home vehicle is a fringe benefit that may generate a tax liability. If a request for a Take-Home Vehicle is approved, it is the responsibility of the employee to contact payroll and determine the tax liability. The employee is also responsible for submitting the monthly mileage report to Budget Management by the 5th working day of the month. Monthly mileage reports are required for all Take-Home assignments, except for Commissioned Officers of the Sheriff. M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 89 of 125 13.14 Financial Services – Payroll Responsibilities Payroll will update fringe benefit data in the payroll system. (Resolution No. 19-17) 13.15 Drivers License and Insurance Requirements The County has auto liability coverage on its Mason County vehicles. Authorized employees appointed or authorized representatives and persons, or volunteers driving Mason County vehicles are covered under the County's liability coverage. However, employees using their personal vehicles for County business are not included in the County's insurance coverage and, therefore their personal vehicle insurance is responsible for accidents, regardless of whether the accident occurred while they were on County business. The mileage reimbursement received by employees for approved use of personal vehicles includes, in part, a reimbursement for personal insurance coverage. Employees should consult with their insurance agent/company to inquire about what coverage exists while using their personal vehicles for County business. 1. Employees shall provide valid proof of automobile liability/property damage insurance with policy coverage limits that meet the Washington State minimum requirements. 2. When an employee is using their privately-owned vehicle pursuant to County policy, the individual's insurance shall be considered the primary insurance coverage with County coverage potentially available for secondary or excess coverage. 3. Job applicants who have reached the final interview stage of the employment selection process will provide the county with a "Driving Record" prior to being offered the position. This applies to both internal and external applicants and only to those applicants whose job would require them to operate county owned or leased vehicles on a regular (routine) basis. 13.16 Use of Personal Vehicles for County Business Employee's use of personal vehicles for county business travel purposes is subject to the approval of the department head or elected official. Employees may be required to utilize a county vehicle based on cost or safety considerations. Authorization to use private vehicles may be given on a trip-by-trip or standing approval basis. Upon request, employees are required to provide their supervisorsupervisor with proof that they possess a valid motor vehicle operator's license, proof of current vehicle liability insurance and a current Vehicle Use Agreement on file with Human Resources. Private vehicles utilized for county business are considered official vehicles and must conform to the following requirements: 1. The vehicle must meet legal requirements to operate on a public highway. 2. The vehicle must be in sound mechanical condition and present no safety risks. 3. Employees must submit a mileage reimbursement form, to receive reimbursement based on the county's current mileage rate allowance. The standard mileage rate reimbursement covers gas, maintenance, repairs, and insurance for work related driving. M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 90 of 125 13.17 Use of County Vehicles for Personal Business Employees using county vehicles on a continuing assignment or trip-by-trip basis are prohibited from using vehicles for personal business except as provided herein. Unauthorized personal use of a county vehicle may result in disciplinary action, up to and including termination of employment. All employees should exercise reasonable judgment regarding the use of a county vehicle for personal purposes. Personal use of a county vehicle may be permitted, subject to the approval of the applicable department head or elected official, when the use serves the county's interests, results in negligible expense, and/or is justified by compelling circumstances and doesn't pose a "bad appearance" even if on personal time — (e.g., at a bar or liquor store). 13.18 Incidental Travel and Stops Employee drivers should remember that public perception of county employees is important and influenced by how and where the public observes county vehicles being used. Employee drivers should not make incidental stops at locations the public would generally perceive as inappropriate. 13.19 Political Use of County Vehicles No employee or person may use any vehicle owned, leased, or operated by the county for any trip which is exclusively for the purposes of campaigning in support of, or in opposition to, any candidate or cause for national, county, or local office, unless use of the vehicle is required for purposes of security protection provided by the county or local governmental unit. 13.20 Use of County Vehicles by Other Individuals Use of county vehicles by temporary employees or volunteers requires authorization from the department head or elected official. Temporary county employees and volunteers are subject to the applicable provisions of this policy, including signing the Vehicle Use Agreement and providing proof of a valid driver’s license. Interagency use of a county vehicle requires authorization from the county's elected official. Use of a county vehicle under an interagency agreement is subject to the provisions mutually agreed upon by the agencies involved. 13.21 Permitted and Prohibited Uses of County and Personal Vehicles for County Business The following policies govern all vehicle use for county business: 1. All drivers and passengers must comply with all the motor vehicles laws of the state of Washington or any other state in which the vehicle is operated, including seatbelt and cell phone laws. 2. Vehicles shall be locked when unattended with the engine turned off. Keys shall not be left in the ignition unless authorized by the department head or elected official. 3. No person may use a county vehicle, or permit the use of a county vehicle, or operate a personal vehicle for county business in the following prohibited manners: M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 91 of 125 a. The driver is impaired by fatigue or any other known mental or physical condition that affects the safe operation of the vehicle. b. The driver is impaired because of prescribed appliances (e.g., cast, sling, brace), prescribed or over-the-counter medications that cause or result in adverse side effects (e.g., drowsiness or impaired reflexes or reaction time). As described in Policy 8.13- Substance Abuse, employees are responsible for informing their supervisor of the possible effects of the medication and expected duration of its use. c. Tobacco use (smoking and non-smoking products and devices) is prohibited in county-owned or leased vehicles. This does not include smoking in personal vehicles used for county-related business. d. Transporting non-county employee passengers, including family members, is not permitted unless authorized by the employee's department head or elected official. e. Permitting non-authorized individuals to drive a county-owned/leased vehicle unless it is for a bona fide emergency purpose. f. Drivers of motor vehicles are prohibited from reading, manually writing, or sending a message on an electronic wireless communications device or holding a wireless communication device to their ear while the vehicle is moving. Exceptions to this section include operators of an authorized emergency motor vehicle; a driver using a wireless communications device in the hands-free mode; using devices to report illegal activity or summon medical aid or other emergency assistance or to prevent injury to a person or property; using hearing aids. g. Use for personal gain, such as delivering goods or services. h. Modifications including affixing signs, stickers, antennas, bike racks, ski racks, etc. Modifications to county vehicles may be undertaken only with the prior written consent of the department head or elected official. The County Shop or its designee will perform any modification to a county- owned or leased vehicle. i. Transporting of animals — Allowed only with prior written consent of the department head or elected official - (excludes Animal Control activities and transportation and use of canines or other animals by the Sheriff’s Office). j. Hauling loads that exceed the rated capacity of the vehicle or that could cause damage to the vehicle (i.e., hauling firewood or gravel in a passenger vehicle). k. Use of trailer hitches and towing – allowed only with prior approval by either the County Shop or Motor Pool Manager. The County Shop or Motor Pool must evaluate hitches and lights. l. Installation or use of any radar or speed detection devices. m. Transporting hitchhikers. n. Use or consumption of alcohol and/or illegal drugs is prohibited while operating a county- owned/leased vehicle or personal vehicle for county business. o. Use for vacations, side trips or any other use not expressly authorized by this policy or department head or elected official. Drivers with questions regarding the appropriate use of a county vehicle or a personal vehicle while in use for county business should consult with their supervisor, department head, elected official, or the Risk Management Office. M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 92 of 125 13.22 Vehicle Use Agreement (VUA) – The purpose of the VUA is to ensure employees are licensed to operate a motor vehicle and possess auto liability insurance to operate their personal vehicle for county business. Use of a county (owned, rented, or leased) or personal vehicle for business purposes is contingent upon the following conditions and requirements: 1. Vehicle Use Agreement - Each department head and elected official or their designee will acquire a signed Vehicle Use Agreement (VUA), every three years or if the employee has any changes or updates to their driver's license or personal auto insurance coverage, from each of their employees that operate a personal or county-owned/leased vehicle for business purposes. This includes those employees required to hold a Commercial Driver's License (CDL). 2. Motor Pool User Agreement – Each department head and elected official or their designee will acquire a signed Motor Pool User Agreement (MPUA), annually from each of their employees that operate a motor pool county-owned/leased vehicle for business purposes. 3. Driving Record Request a. Employees who are required to operate a vehicle on a regular (routine) basis to perform their job shall, as part of the Vehicle Use Agreement, authorize Mason County to acquire a copy of their driving abstract from the Department of Licensing per RCW 46.52.130. b. All other employees who may drive a county vehicle or a personal vehicle for the use of county business may have their driver abstract requested from the Department of Licensing per RCW 46.52.130 if requested by their department head, elected official and/or the Risk Management Office. 4. Driver Safety - Annual Defensive Driving training, provided by Risk Management. 13.23 Driver Disqualification and Review County employees and other authorized agents of the county may become disqualified as a driver for county business for any of the following conditions: 1. Three or more moving violations in the past three years. 2. Two accidents, if one or more results in injury, loss of life or significant property damage. Note: This includes only accidents where the driver was substantially at fault. 3. Suspension or revocation of driver's license. 4. Any change in the status of an employee's driver record resulting in disqualification or the failure to report such a change may also result in disciplinary action up to and including termination. Drivers denied the use of a county vehicle based on an unsatisfactory driving record may request a review of the denial through their department head or elected official. The Risk Management Office should be consulted regarding any requests for review. M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 93 of 125 Drivers must immediately inform their supervisor, department head, or elected official in writing if they become disqualified under this policy. A requested review will be investigated by the department head or elected official, and the Risk Management Office then approved or denied by the elected official in writing. Approval or denial will be documented and kept on file in the Risk Management Office. 13.24 Accidents and Citations Employees are fully responsible for operating vehicles on county business in a legal, safe, and prudent fashion and are subject to appropriate corrective action for failure to do so, up to and including termination. 1. Employees shall immediately report all traffic accidents and/or damage to their vehicle to their supervisor or department head or elected official while operating a personal or county-owned/leased vehicle while on county business. In addition to any state required accident reports, employees shall complete the form within the first business day following the accident. The report will be forwarded to Risk Management. A review by the department head or elected official may be convened to evaluate the accident depending on the severity. 2. Drivers are personally responsible for the cost of all traffic citations, parking tickets, etc. Passengers are personally responsible for the cost of any traffic citation they may receive while riding in a county- owned/leased vehicle or a personal vehicle being used for county business - (i.e., seatbelt violations, parking violations, throwing object from vehicle). The offending employee shall pay citation fines promptly. 3. Employees shall report moving violation citations that occur while operating a vehicle for county business within the first business day of the issuance of the citation. Employees will notify their immediate supervisor, who in turn will forward the report to the Risk Management Office. 13.25 Commercial Driver License In addition to the conditions and requirements for all motor vehicle operators, employees who hold a commercial driver's license (CDL) are subject to all requirements applicable to state and federal laws. 13.26 County Vehicle Related Purchases Supervisors shall inform employees of acceptable vendors, gas stations, and other services that may be utilized for county vehicle related purchases. Repair and towing services are primarily acquired through county contracts. If services are needed while traveling out of the county, the employee should contact the County Shop for Public Works vehicles, the Facilities manager for motor pool vehicles, or use their best judgment if outside of work hours. 13.27 ER&R Vehicles Fuel Policies and Fuel Credit Card Uses Public Works vehicles should use the county-owned fuel dispensers whenever possible. There is one fill up per fuel card use. No doubling up on one card with more than one respective, associated vehicle is permitted. Department supervisors should provide directions to those locations and instruct their assigned drivers on the uses of these dispensers. M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 94 of 125 Public Works vehicles may use public self-service, regular unleaded and diesel dispensers if county fuel dispensers are not available. The most cost-effective vendor should be used whenever possible. Receipts must be submitted for reimbursement. The use of premium grades of fuel is not authorized, unless required by the vehicle's owner's manual. 13.28 Motor Pool Repairs and Preventative Maintenance Motor pool vehicles should use the assigned WEX Fleet card to purchase fuel from any authorized gas station (Shell or Chevron). Arco and AM/PM gas stations are not authorized vendors. There is one fill up per fuel card use. No doubling up on one card with more than one respective, associated vehicle is permitted. Department supervisors should provide directions to those locations and instruct their assigned drivers on the uses of these dispensers. Motor pool vehicles may use public self-service, regular unleaded and diesel dispensers for emergency situations only. The most cost-effective vendor should be used whenever possible. Receipts must be submitted for reimbursement. The use of premium grades of fuel is not authorized, unless required by the vehicle's owner's manual. 13.29 Repairs and Preventative Maintenance When a vehicle is assigned to an employee or department, the driver or department supervisor is responsible for ensuring that all preventative maintenance is performed on schedule and the vehicle is serviced in a timely manner when notified by either the Facilities department or the County Shop. 13.30 General Motor Vehicle Safety In the interest of safety, supervisors may elect to have assignments, jobs or tasks delayed or postponed during inclement weather until driving conditions improve. Only essential vehicles equipped with necessary traction devices should be required to operate during hazardous conditions (e.g., Sheriff’s vehicles, snowplows, sanding trucks, etc.). Vehicles used during inclement weather may require the use of tire chains. It is the responsibility of the vehicle/equipment operator to install tire chains when needed. Operators shall conduct a safety check of the vehicle each day. The minimum operator's check should consist of a check for body damage, mechanical problems (tire inflation & tread, brakes, steering, turn signals, wipers, horn, etc.) and verification that all lights are functioning, and windows are cleaned to present a clear field of view. All items requiring repair shall be reported to the immediate supervisor and the County Shop for Public Works vehicles, or by submitting a maintenance support ticket to the Facilities Department for motor pool vehicles. County departments may have additional requirements for the safe operation of motor vehicles and equipment. 13.31 Safety In the event a county officer, employee, or volunteer is involved in an accident while operating a county vehicle or their own vehicle and conducting county business, the driver shall follow these safety rules: 1. Immediately provide first aid (if possible and if necessary) to any injured person. It is recommended that employees providing first aid/CPR have a valid first aid/CPR card. M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 95 of 125 2. The county employee/driver shall then immediately notify their supervisor and the appropriate law enforcement agency. No vehicles shall be moved from the accident scene until law enforcement arrives unless a greater safety hazard would be created by not moving the vehicle(s). 3. The county employee/driver shall exchange information regarding driver’s license, vehicle registration, and insurance information with the operator(s) of the other vehicle(s). 4. If possible, the county employee/driver shall gather the names and addresses of all potential witnesses including passengers in all vehicles involved. 5. If possible, take photos of both the county vehicle and the other injured parties’ vehicle, equipment, or the scene itself. 6. The county employee/driver shall complete the vehicle accident checklist located in the glove compartment of each county vehicle. If the accident results in death, personal injury, or property damage in excess of five hundred dollars, complete the State of Washington Uniform Collision Report Form (WSP 161) within twenty-four hours of the accident. M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 96 of 125 Chapter 14 – Travel Mason County recognizes that out of townout-of-town travel and related business expenses can be an integral and necessary component of the operation of local government. This policy is intended to establish equitable standards and to provide consistent and fair treatment to all employees who incur such expenses. It is also intended to establish and maintain effective controls over those expenses. County officials (department heads and elected officials) and County employees are expected to exercise prudent judgment when incurring travel expenses on behalf of the County doing official County business. The failure of employees to follow this policy, or incur excessive expenses, may be cause for disciplinary action. Non-business-related expenses and/or expenses not made in accordance with this policy will not be approved or reimbursed. 14.1 Travel Expense Reimbursement All travel and associated expenses must be approved in advance by the department head or elected official. Employees will be reimbursed for reasonable and customary expenses incurred in connection with doing business on behalf of the County. These may include meals, lodging, transportation, and other necessary expenses while away from the office. These expenses may not include alcoholic beverages; tobacco; tips exceeding 15%; meals, lodging or transportation provided for the employee by an outside entity as part of the employee’s participation; any expenses for a person(s) traveling with the employee; any expenses incurred that are not in connection with the business of the County. All requests for payment of travel must be submitted to the Auditor's Financial Services department on forms approved and provided by the Auditor. All required documentation must also be submitted on the approved travel document form. Required travel documents include all itemized receipts, conference/seminar agendas, and all proof of costs incurred while doing business on behalf of the County. Travel documents should be presented to the Auditor's Financial Services department in the month the charges occur. If an employee chooses to travel to a destination in advance of the necessary time for arrival or remain at the destination following the official closing of the event, there will be no additional per diem, lodging or miscellaneous expenses paid to the employee. All requests for payment must be signed by the department head or elected official and the employee that is requesting reimbursement. An employee may not request reimbursement on behalf of another employee. If an employee is compensated by an outside entity for any travel costs while traveling on behalf of Mason County, the employee will deposit those funds with the Mason County Treasurer. The employee will provide the Auditor's Financial Services department with a copy of the Treasurer's deposit receipt and a detail of the expenses covered. Any member of a board, committee or commission that is not a Mason County employee but is an appointed member to do business on behalf of Mason County is subject to all travel rules and documentation noted herein. M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 97 of 125 14.2 Per Diem (Meal Reimbursement) All requested meal reimbursement must have a detailed receipt. Meals will be reimbursed, minus any alcohol or a tip exceeding 15%, using the Washington State Office of Financial Management (OFM) per diem rates and, for out of state travel, the U.S. General Services Administration (GSA) per diem rates. The meals will be reimbursed up to the allowable rate for the location and meal type per GSA per diem rates. Per diem will be reduced for any meals provided through conference registration, seminars, or sim ilar events. Reimbursement will not be made if the employee chooses not to eat the meal provided and eats elsewhere. 14.2.1 Single Day Per Diem Single day per diem occurs when no overnight stay is required. Single day meal reimbursements are considered taxable wages according to the IRS and will be included as gross taxable income of the employee. An employee must use the single day per diem form and include it with their payroll timesheet information. The department supervisor will forward the per diem form to the Auditor's Financial Services department. The meal will be added to their taxable gross wages and taxed accordingly. 14.2.2 Per Diem While in Overnight Travel Status If an overnight stay is required, per diem will be based on GSA rates for each day the employee is in full travel status. The per diem rate will be based on the location the employee is in for that meal. On days of departure and return, an employee will apply the Three-Hour Rule (see rule below). 14.2.3 Per Diem Three Hour Rule If an employee is in travel status for three hours beyond their regular work schedule for a single day, they may receive meal reimbursement. The three hours may consist of hours occurring before, after or a combination of both before and after the employee's regular work schedule for the day. The employee may not stop for a meal just to meet the three-hour rule. 14.3 Advance Travel If an employee will be in training on behalf of the County and staying at the training location for four consecutive weeks or more, they may request advance travel. All requests for payment of advance travel must be submitted to the Auditor's Financial Services department on forms approved and provided by the Auditor. Documentation of the training must be submitted with the approved advance travel request that includes the location and the training calendar. It is the responsibility of the employee to submit the advance travel request two weeks prior to travel to allow for processing the request. Per diem will be used for only advance travel using the Washington State Office of Financial Management (OFM) per diem rates and, for out of state travel, the U.S. General Services Administration (GSA) per diem rates. There is no requirement to provide receipts. All advance travel requests must be signed by the department head or elected official and the employee that is requesting the advance travel. 14.4 Special Circumstances During emergency situations such as, but not limited to, initial crime scene investigations, major crimes, emergency weather situation, natural disasters, etc., when employees are working extended hours and M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 98 of 125 stopping for a meal break could worsen the emergency or increase costs to the County, departments may provide an on-scene meal of nominal cost. A detailed receipt, including the names of all employees/volunteers involved, must be provided. All receipts and pertinent information involving the emergency must be included on the claim for payment voucher submitted to the Auditor's Financial Services department. An employee may not claim a per diem meal reimbursement if their County department is also submitting a claim for payment voucher for the same incident. 14.5 Lodging All lodging is to be reserved using a government, or most economical, rate whenever possible. County credit cards may be used to secure lodging for a county employee. Reimbursement for lodging is allowed when the temporary duty station is located more than fifty (50) miles, using the most direct route, closer ofto either the traveler's official residence or official workstation. Reimbursement will be made for the actual lodging expense and any applicable taxes. If there are additional charges for a person(s) traveling with the employee, who is not traveling on behalf of County business, the employee is responsible for all charges for that additional person(s) and it will not be reimbursed. An itemized statement is required for all charges. If an employee shares accommodation with another employee or an employee of another entity who is attending the same event, an equal share of the double room rate will be paid on behalf of the Mason County employee. Each employee must submit an original invoice showing the lodging charge for their portion of the room rate. Not eligible for reimbursement on a lodging receipt are, but not limited to laundry services; valet service; entertainment expenses; athletic room (gym) charges, internet charges (unless required by their supervisor). 14.6 Transportation Any employee driving a vehicle (either County car or personal vehicle) must have and must be able to provide proof of valid car insurance. Employees are encouraged to reserve and use a pool car as much as possible. All county vehicles shall be used in accordance with Chapter 13, Mason County Vehicle Use Policy. If a personal vehicle is used, the mileage will be based on the current IRS standard POV rate. Mileage will be prohibited for normal travel between the usual place of business and employee's main place of residence. When traveling on behalf of the County, mileage will be paid from either the official workstation or the employee's main residence, whichever is the closer and most direct route of the two, to the travel destination. Mileage shall not exceed the sum of a round trip coach airfare from a common carrier, any needed local ground transportation, and other related costs for that destination. Airfare (coach rate), car rentals, trains, ferry, tolls, shuttle/taxi, etc. will be reimbursed with a receipt and paid at actual costs. Personal travel insurance will not be reimbursed. Tickets purchased with an employee's individual frequent flyer miles will not be reimbursed. M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 99 of 125 (Resolution No. 82-12) M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 100 of 125 Chapter 15 – Electronic Information Acceptable Use Policy 15.1 Electronic Information Policy Mason County provides a communications and data network capable of offering Electronic Mail (e-mail), Voice Mail, Internet access, data storage and data processing to employees to assist and facilitate legitimate Mason County business operations. Mason County information and information resources shall be used in an approved, lawful manner to avoid loss or liability to Mason County and/or loss of public confidence in the operation of Mason County. Utilization of these systems is a privilege. Employees should never put information on or access services unless they would be comfortable with the information associated with their name in public. By using Mason County’s communications and data systems, employees agree that they are aware of, understand and comply with the provisions of this policy. 15.2 Definitions Computers Systems: Includes individual desktop and laptop computers (PCs), e-mail system, internet access, file servers, digital media such as floppy disks, Compact Digital disks (CDs) and Digital Video disks (DVDs), and all other components of Mason County’s computer systems. E-Mail: The County’s e-mail system. Intranet: Web site containing content for internal use. Internet: The worldwide network of computers. Software: The digital programs that perform functions on the PCs and network. All software normally has a copyright and is licensed. Streaming Audio (or Video): Technology used to “play” or view audio/video on a PC from a remote source or Web site over the network. Can be used for music, voice, lectures, videos, and other audio/video material. It generally consists of a continuous stream of data coming over the network. Web Browsing: Use of a software tool to access Web sites on the Internet. 15.3 Roles and Responsibilities Mason County owns all information services resources; use of such resources constitutes consent to monitor, inspect and audit any data or information resident on those resources without permission or further notice. The Board of County Commissioners shall approve the Acceptable Use Policy. Elected officials and Department Heads shall be responsible for the following: 1. Informing their personnel of acceptable use policies and acceptable use of information resources. 2. Ensuring that personnel under their supervision comply with these polices. 3. Ensure the contract personnel under their supervision comply with these policies and procedures. M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 101 of 125 15.4 Equipment and Programs 15.4.1 Acquiring Hardware and Software To prevent the introduction of malicious code and protect the integrity of County information resources, all hardware and software shall be obtained through or with the advice of Information Services. 15.4.2 Complying with Copyright and Licensing All software utilized shall be procured by Mason County and shall be licensed and registered in the name of Mason County. All personnel shall abide by software copyright laws and shall not obtain, install, replicate, or use software except as permitted by the software licensing agreements. 15.4.3 Using Personally Owned Software To protect the integrity of County resources and licensing requirements, personnel shall not use personally owned software on Mason County information systems. This includes, but is not limited to, personally purchased and licensed applications and shareware. Exception: Personally, owned Personal Digital Assistant (PDAs) that are compatible with the County systems, may be installed with the authorization of the Elected Official or Department Head. The software licensing that accompanies the PDA must allow concurrent home and business use. 15.5 E-Mail and Voice Mail (Electronic Communication) 15.5.1 Acceptable Use Mason County provides electronic communications to facilitate the conduct of government business. Occasional and incidental personal electronic communications use shall be permitted if it does not interfere with the government’s ability to perform its mission. However, while they remain in the system, personal messages shall be in the possession and control of Mason County and shall be deemed public information, unless specifically protected by law. 15.5.2 Prohibited Use Prohibited activities when using government electronic mail shall include, but not be limited to, sending, or arranging to receive the following: 1. Information that violates county, state or federal laws and regulations. 2. Any material that may defame, libel, abuse, tarnish, or portray in false light, the recipient, the sender, or any other person. 3. Pornographic, racist, sexually oriented, offensive material, chain letters, unauthorized mass mailings, or malicious code. 15.5.3 Encryption Encrypting electronic mail, messages or data shall comply with the following: 1. Use of encryption will be approved by the Commissioners. 2. Place the key or other similar file for all encrypted electronic mail in a directory or file system that can be accessed by the responsible Elected Official or Department Head prior to encrypting email. M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 102 of 125 3. Supply the key or other device needed to decrypt the electronic mail upon request by authorized management. 4. Use of encryption without prior authorization will be considered violating this policy. 15.6 E-Mail Management Recognizing that e-mail messages that meet the definition of a public record must be managed according to approved records retention periods, Mason County has implemented a process to support the proper management of e-mail records. It is the responsibility of all County employees to manage records according to retention requirements mandated by federal, state and/or local statute, grant agreement, and/or other contractual obligations and Mason County’s policies and procedures. Storing every email is not the same as managing public records created and/or received as emails. Such a strategy is unlikely to be sustainable in the long run, will make it harder to locate the public records that do need to be retained and may not be the most efficient use of agency resources. Mason County supports appropriate management of e-mail messages through: 1. Implementation of an email archiving solution that provides central storage and access of e-mail messages that meet the definition of a public record. 2. Development of user procedures and guidelines. 3. Training for email storage is available to all employees through the Secretary of State https://www.sos.wa.gov/archives/recordsmanagement/managing-emails.aspx. Please contact the department’s records retention staff for assistance. 15.6.1 Policy All e-mail messages sent or received that are related to the conduct of County business must be evaluated for the function and content of the record. The function/content of each e-mail message should be evaluated against the following criteria of a public record: • Was the email created while doing County business? • Was the email received for action? • Does the email document County activities, decisions, or actions? • Is the email mandated by statutes or regulations? • Does the email support financial obligations or legal claims? • Does the email communicate County requirements? 1. Email messages that meet the definition of a public record must be managed according to their approved retention period in their native format. https://www.sos.wa.gov/archives/recordsmanagement/local-government-records-retention- schedules---alphabetical-list.aspx 2. All email messages sent or received from a County email address will be retained for a minimum of 90 days by the County’s email system. M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 103 of 125 3. Employees have 90 days from the date an email message was created or received to determine if an email meets the definition of a public record. All emails that are public records must be retained in their native format for their approved records retention period. Retention periods are based on functional use of the information contained in each message. 4. Employees shall place email messages in email storage folders for the appropriate retention period as approved by the Washington State Local Records Committee Records Retention Schedule. The email archiving system will retain email based on folder designation. It is critical to use the appropriate email storage folder. 5. 90 days after the received date, e-mails will be purged from the County’s email system (Outlook). E- mails in an employee in-box will be retained by the county’s archiving system (Retain) for two years and deleted e-mails will be retained for one year. This process will purge archived emails that have met their required retention period and junk e-mails. Purged means deleted and unrecoverable. 6. To comply with records management requirements and the Washington State Public Records Act (RCW 42.56) email messages that meet the definition of a public record must be stored within technology systems supported by the County. The County’s email archiving solution is considered the official system of record for County email messages. Requests for alternative methods for retaining emails must be submitted to the Information Technology Department for approval. 7. The creation of new Microsoft Outlook Personal Storage Table (.pst) files is prohibited. 15.6.2 Definitions Public Record: Information in any format that has been made by or received by Mason County in connection with the transaction of public business. Transitory Record: A public record with minimum retention value. These records can be deleted “as soon as no longer needed for agency business”. They are subject to public disclosure while they exist. Non-Record: Non-records may be created or maintained by County employees, but do not document the organization, functions, policies, decisions, procedures, operations, or other activities of Mason County. (Resolution No. 68-19) 15.7 Internet Access Access to the Internet is available to employees, contractors, whose duties require it for the conduct of government business. Since Internet activities may be monitored, all personnel accessing the Internet shall have no expectation of privacy. 15.7.1 Acceptable Use Mason County provides Internet access to facilitate the conduct of government business. Occasional and incidental personal internet use shall be permitted if it is not a Prohibited Use activity, is not conducted during county work time and does not interfere with the government’s ability to perform its mission. Elected officials and Department Heads shall determine when usage is acceptable for their employees. M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 104 of 125 15.7.2 Prohibited Use Prohibited activities when using the Internet include, but are not limited to, the following: 1. Browsing explicit pornographic or hate-based web sites, hacker or cracker sites, or other sites that Mason County has determined to be off-limits. 2. Posting, sending, or acquiring sexually explicit or sexually oriented material, hate-based material, hacker-related material, or other material determined to be off-limits. 3. Posting or sending sensitive information without management authorization. 4. Accessing outside personal e-mail accounts such as Hotmail or Yahoo mail. Downloads or attachments from these accounts could bypass the County e-mail virus software. Information needed from these accounts should be forwarded to the employee’s County e-mail address. 5. Using other services available on the Internet, such as FTP or Telnet, on systems for which the user does not have an account, or on systems that have no guest or anonymous account for the service being used. 6. Posting commercial announcements or advertising material. 7. Promoting or maintaining a personal or private business. 8. Receiving news feeds and push data updates unless the material is required for government business. 9. Using non-work-related applications or software that occupy excess workstation or network processing time (e.g., processing in conjunction with screen savers, streaming audio, or video feeds). 10. Conducting fund-raising, endorsing any product or service, lobbying, or participating in any political or campaign activity. 15.8 Generally Prohibited Uses of Information Resources Generally prohibited activities when using government information resources shall include, but are not limited to, the following: 1. Stealing or copying electronic files without permission. 2. Violating copyright laws. This includes downloading copyright music or video files. 3. Browsing the private files or accounts of others, except as provided by appropriate authority. 4. Performing unofficial activities that may degrade the performance of systems or waste employee time, such as the playing of electronic games. M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 105 of 125 5. Performing activities intended to circumvent security or access controls of any organization, including the use of hardware or software tools intended to defeat software copy protection, discover passwords, identify security vulnerabilities, decrypt encrypted files, or compromise information security by any other means. 6. Writing, copying, executing, or attempting to introduce any computer code designed to self-replicate, damage, or otherwise hinder the performance of or access to any computer, network, or information. 7. Accessing the County network via modem or other remote access service without the approval of management. 8. Promoting or maintaining a personal or private business or using County information resources for personal gain. 9. Using someone else’s logon ID and password. 10. Disclosing any County information that is not otherwise public. 15.9 Monitoring, Auditing, and Inspection Elected Officials and Department Heads may monitor, inspect, or audit the e-mail, data, or information their employees create or utilize on the County information services resources at any time. System administrators and other personnel with unrestricted access to email, files, data, and similar services shall receive approval from the supervising Elected Official or Department Head prior to decrypting, opening, or reading the e-mail, data, or information of their employees. If due to unusual circumstances, such as result of viruses, malicious programs, equipment failure or error, employee e-mail, data or information is read or intercepted, then system administrators and other employees that intercept, read, or view the information shall inform the responsible Elected Official or Department Head at the first opportunity. An Elected official may only be monitored, inspected, or audited only with the express authorization of the Prosecutor. M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 106 of 125 Chapter 16 – Social Media Policy To address the fast-changing landscape of the Internet and the way residents communicate and obtain information online, Mason County departments may consider using social media tools to reach a broader audience. The County encourages the use of social media to further the goals of the County and the missions of its departments, where appropriate. This policy is not meant to address one form of social media; rather social media in general, as advances in technology will occur and new tools will emerge. Mason County personnel will approach the use of social media tools as consistently as possible, County Government wide. All Mason County social media sites shall comply with all appropriate RCW, Mason County policies and standards, including but not limited to: 1. Mason County Electronic Information Acceptable Use Policy (Revision F) 2. Mason County Blogging Policy 3. Mason County Electronic Communications Policy 4. Mason County Personnel Policy 5. RCW 42.52 Ethics in Public Service 6. Mason County Social Media Standards for Facebook and Twitter 7. State of Washington public records laws Mason County has an overriding interest and expectation in deciding what is "spoken" on behalf of the County on social media sites. This policy establishes guidelines for the use of social media. 16.1 Definitions Blog: A self-published diary or commentary on a particular topic that may allow visitors to post responses, reactions, or comments. The term is short for "Web log." Blog article: An original posting of content to a Mason County blog site by a Mason County blog author. Blog commenter: A member of the public who submits a comment for posting in response to the content of a particular Mason County blog article. Blog comment: A response to a Mason County blog article submitted by a blog commenter. Mason County blog author: An authorized Mason County employee/official that creates and is responsible for posted blog articles (see blog article below). Mason County blog moderator: An authorized Mason County employee/official, who reviews, authorizes, and allows content submitted by a Mason County blog authors and public commenters to be posted to a Mason County blog site. M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 107 of 125 Page: The specific portion of a social media website where content is displayed and managed by an individual or individuals with administrator rights. Post: Contents an individual share on a social media site or the act of publishing content on a site. Profile: Information that a user provides about themselves on a social networking site. Social Media: A category of Internet-based resources that integrate user-generated content and user participation. This includes, but is not limited to, social networking sites (Facebook, MySpace), micro- blogging sites (Twitter, Nixle), photo- and video-sharing sites (Flickr, YouTube), wikis (Wikipedia), blogs, and news sites (Digg, Reddit). Social Networks: Online platforms where users can create profiles, share information, and socialize with others using a range of technologies. Speech: Expression or communication of thoughts or opinions in spoken words, in writing, by expressive conduct, symbolism, photographs, videotape, or related forms of communication. Web 2.0: The second generation of the World Wide Web focused on shareable, user generated content, rather than static web pages. Some use this term interchangeably with social media. Wiki: Web page(s) that can be edited collaboratively. 16.2 Administration of Social Media The Mason County Information Services Department will maintain a list of social media tools which are approved for use by County departments and staff. The Mason County Information Services Department will maintain a list of all Mason County social media sites, a list of logins and passwords will be supplied by department / Office directors / managers. (The Mason County Information Services Department must be able to immediately edit or remove content from social media sites.) The Official Mason County logo must appear somewhere on the “cover page” of the social media site. Mason County personnel use of personally owned devices to manage the County's social media activities or in the course of official duties is prohibited without express written permission by their Department Head. Mason County personnel shall observe and abide by all copyright, trademark, and service mark restrictions in posting materials to electronic media. For each social media tool approved for use by the County the following documentation and financial planning will need to be developed and adopted by each department/office: • Standards and processes for managing and administration of accounts. • Written operational and use guidelines. • Secured budgeting for the approved retention and archiving program. M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 108 of 125 The following social media sites and networks have been approved for use by Mason County: • Twitter – Mason County Twitter Standard • Facebook – Mason County Facebook Standard All additional social media tools proposed for County use will be forwarded to Information Services for review and processing for approval. 16.3 Mason County Website The Mason County website (https://masoncountywa.gov/index.php) will remain the County's primary and predominant internet presences. The best, most appropriate Mason County uses of social media tools fall generally into two categories: 1. As channels for disseminating time-sensitive information as quickly as possible (example: emergency information). 2. As marketing/promotional channels which increase the County's ability to broadcast its messages to the widest possible audience. Wherever possible, content posted to Mason County social media sites should contain links directing users back to the County's official website for in-depth information, forms, documents, or online services necessary to conduct business with Mason County. As is the case for Mason County’s web site, assigned department staff will be responsible for the content and upkeep of any social media sites their department may create. 16.4 Social Media Public Records Mason County’s social media sites are subject to State of Washington public records laws (RCW 42.56). Any content maintained in a social media format that is related to County business, including a list of subscribers, and posted communication, is a public record. The Department maintaining the site is responsible for responding completely and accurately to any public records request for public records on social media. Content related to County business shall be maintained in an accessible format so that it can be produced in response to a request utilizing an approved retention and archiving program. Wherever possible, such sites shall clearly indicate that “any articles and any other content posted or submitted for posting are subject to public disclosure”. Users shall be notified that public disclosure requests must be directed to the relevant departmental public disclosure officer. Washington state law and relevant Mason County records retention schedules apply to social media formats and social media content. Unless otherwise addressed in a specific social media standards document, the Department maintaining a site shall preserve records required to be maintained pursuant to a relevant records retention schedule for the required retention period on a County server in a format that preserves the integrity of the original record and is easily accessible through the approved retention and archiving program. Appropriate retention formats for specific social media tools are detailed in the Mason County Social Media Standards for Facebook and Twitter. M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 109 of 125 16.5 Users and Visitors of Mason County Social Media Users and visitors to social media sites shall be notified that the intended purpose of the site is to serve as a mechanism for communication between Mason County departments and members of the public. Social media pages should state, where possible, that “Opinions expressed by visitors to the page(s) do not reflect the opinions of Mason County”. Pages shall clearly indicate that posted comments will be monitored and that the department reserves the right to remove obscenities, off-topic comments, and personal attacks. Mason County social media site articles and comments containing any of the following forms of content shall not be allowed: 1. Comments not topically related to the particular social medium article being commented upon. 2. Comments in support of or opposition to political campaigns, ballot measures or pending action items. 3. Profane language or content. 4. Content that promotes, fosters, or perpetuates discrimination based on race, creed, color, age, religion, gender, marital status, status about public assistance, national origin, physical or mental disability or sexual orientation. 5. Sexual content or links to sexual content. 6. Solicitations of commerce. 7. Conduct or encouragement of illegal activity. 8. Information that may tend to compromise the safety or security of the public or public systems; or 9. Content that violates the legal ownership interest of any other party. These guidelines must be displayed to users or made available by hyperlink. Any content removed based on these guidelines must be retained, including the time, date, and identity of the poster when available. Mason County Information Services Department reserves the right to restrict or remove any content that is deemed in violation of this social media policy, or any applicable law posted on a Mason County social media site. 16.6 Blogging Policy Mason County departments Facebook and Twitter accounts, commonly referred to as "blog" sites, provide County officials the ability to post short articles, exchanges of information, post status updates and photos, and receive notifications related back to those postings. County blogs facilitate further discussion of those articles by providing members of the public the opportunity to submit comments regarding the articles. Comments submitted by members of the public must be directly related to the content of the article. Submission of comments by members of the public constitutes participation in a limited public forum. M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 110 of 125 16.6.1 Procedures All County blogs shall be: 1. Approved and reviewed by the Mason County department/office Elected Official and the Mason County Information Services Manager. 2. Published using the approved County blog sites (see Social Media Policy). 3. Administered by the Mason County Information Technology Department (except Mason County Sheriff’s Office). All Mason County blogs shall adhere to the following Revised Codes of Washington and County policies: 1. Mason County Electronic Information Acceptable Use Policy (Revision F) 2. Mason County Electronic Communications Policy 3. Mason County Personnel Policy 4. RCW 42.52 Ethic in Public Service 5. Mason County Facebook Standards 6. Mason County Twitter Standards The Mason County department/office or Information Services Department reserves the right to restrict or remove any content that is deemed in violation of this blogging policy or any applicable law. 1. Mason County blogs are subject to State of Washington public records laws. All blog sites shall clearly indicate that any content posted or submitted for posting is subject to public disclosure. All blog sites shall include a notification on the home page that public disclosure requests must be directed to the department's public disclosure officer. (See Mason County Social Media Policy) 2. Relevant Mason County records retention schedules apply to blogs and blog content. Records required to be maintained pursuant to a relevant records retention schedule shall be maintained for the required retention period in a format that preserves the integrity of the original record and is easily accessible using the approved retention and archiving program. Content submitted for posting that is deemed not suitable for posting on a Mason County Blog by a moderator because it is not topically related to the particular blog article being commented upon or is deemed prohibited content based on the criteria in Section 7 of this policy, shall be retained pursuant to the records retention schedule along with a description of the reason the specific content is deemed not suitable for posting. 3. Each County blog shall include an introductory statement which clearly specifies the purpose and topical scope of the blog. 4. County blog articles and comments containing any of the following forms of content shall not be allowed for posting: a. Comments not topically related to the blog article being commented upon. b. Profane language or content. M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 111 of 125 c. Content that promotes, fosters, or perpetuates discrimination based on race, creed, color, age, religion, gender, marital status, status regarding public assistance, national origin, physical or mental disability or sexual orientation. d. Comments that support or oppose political campaigns or ballot measures. e. Sexual content or links to sexual content. f. Solicitations of commerce. g. Conduct or encouragement of illegal activity. h. Information that may tend to compromise the safety or security of the public or public systems. i. Content that violates a legal ownership interest of any other party 5. Mason County blog moderators shall allow blog comments that are topically related to the blog article being commented and thus within the purpose of the limited public forum, except for the prohibited content listed above. 6. All Mason County blog moderators shall be trained regarding the terms of this Mason County Blogging Policy, including their responsibilities to review article content submitted for posting to ensure compliance with the Policy. 7. All blog sites shall clearly indicate that they are maintained by a particular Mason County department/office and shall have the Mason County department’s/office contact information prominently displayed. 16.6.2 Author and Commenter Identification All Mason County blog authors shall be clearly identified by entering their name at the end of the post. Public commenters shall be accompanied by valid contact information including the poster’s Facebook or Twitter I.D. Anonymous posting shall not be allowed. Authentication credentials used for posting blog articles and blog comments by authorized Mason County department/office blog authors shall conform to the County's password standard. 16.6.3 Ownership and Moderation The content of each Mason County blog shall be the sole responsibility of the department/office producing and using the blog. Comments submitted to a Mason County blog shall be moderated by an authorized blog moderator that has been trained and assigned by the department/office manager. 16.6.4 Blog Comments and Responses All blog articles submitted with attached content shall be scanned using antivirus technology prior to posting. The linked content of embedded hyperlinks within any Mason County blog articles or blog comments submitted for posting shall be evaluated prior to posting. Any posted hyperlinks shall be accompanied by a disclaimer stating that “Mason County guarantees neither the authenticity, accuracy, appropriateness nor security of the link, web site or content linked thereto.” M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 112 of 125 16.7 Facebook Standards Policy Facebook is a social networking site. Businesses and governments have joined individuals in using Facebook to promote activities, programs, projects, and events. This standard is designed for County departments / Offices looking to drive traffic to the Mason County Web sites (www.masoncountywa.gov) and to inform more people about County’s activities. These standards should be used in conjunction with the County's Blogging Policy and Social Media Policy. As Facebook changes, these standards may be updated as needed. 16.7.1 Establishing a Page When a department determines it has a business need for a Facebook account, it will submit a request through their chain of command to the Elected Official or Division Director. Once approved by their Elected Official or Division Director, the department social media personnel will create the page which will include the official County logo. 16.7.2 Content 1. Type of 'pages' a. The County department will create “pages” on Facebook not “groups”. Facebook “pages” offer distinct advantages including greater visibility, customization, and measurability. Related community pages are unofficial representations of county business created by Facebook. Community pages will currently be accepted as is unless there is a copyright/trademark issue. b. For “type” description, choose “government”. 2. Page Design Requirements a. The Mason County logo is to be added to the cover photo. b. Departments will complete the Page Info section as fully as possible. c. If comments are turned on, the Facebook page should include a tab/link to a Comment Policy tab with the following disclaimer: Comments posted to this page will be monitored. Under the Mason County blogging policy, the County reserves the right to remove inappropriate comments including those that have obscene language or sexual content, threaten, or defame any person or organization, violate the legal ownership interest of another party, support or oppose political candidates or ballot propositions, promote illegal activity, promote commercial services or products, or are not topically related to the particular posting. 3. Link to the Mason County Website a. Link to (www.masoncountywa.gov) will be included on the “Page” information section. b. County department and project pages should be page favorites of other County Facebook pages. 4. Page Naming a. Page name should be descriptive of the department. o Departments will choose carefully with consideration for abbreviations, slang iterations, etc. o The Division Director will approve proposed names. 5. Page Administrators M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 113 of 125 a. A successful page requires "babysitting." Each department communications officer is responsible for monitoring the Facebook page. Posts should be approved by the Division Director or a designated alternate. b. The department communications officer is responsible for making sure content is not stale. Departments will designate a back-up editor in communications officer's absence. c. The Information Service department will be provided logins, passwords and editing rights by the Division Director or Elected Official for emergency editing. 6. Comments and Discussion Boards a. Comments to department / office postings generally will be allowed but will be monitored by department / office communications officer for proper content. b. Discussion boards will be monitored by the communications officer for proper content. 7. Style a. County Department Facebook cover page will display the official County logo. The Information Services Department will provide departments with the official county logo. b. Departments will use proper grammar and standard Associated Press (AP) style, avoiding jargon and abbreviations. Facebook is more casual than most other communication tools but still always represents the County. 8. Applications and Security a. There are thousands of Facebook applications. Common applications can allow users to stream video and music, post photos, and view. While some may be useful to the page's mission, they can cause clutter and security risks. b. An application should not be used unless it serves a business purpose, adds to the user experience, comes from a trusted source, and is approved by the Elected Official or Division Director. c. An application may be removed at any time if there is significant reason to think it is causing a security breach or spreading viruses. d. For security purposes, all Facebook accounts logins and passwordpasswords will be kept by the assigned department communications officers, Division Director / Elected Official, and Information Services. 16.7.3 Archive Each Facebook page will be set up in conjunction by Information Services to a designated county account. Mason County’s social media sites are subject to State of Washington public records laws RCW 42.56. Content that cannot be retrieved from Facebook via the approved retention and archiving program, but need to be retained as a record, will be printed, and maintained according to the County’s records retention policy by that individual department / office utilizing the account. 16.8 Twitter Standards Policy Twitter is a micro blogging tool that allows account holders to tweet up to 140 characters of information to followers. By procuring and maintaining Twitter accounts, County departments will communicate M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 114 of 125 information directly to their Twitter followers, alerting them to news and directing them to the Mason County Website (www.masoncountywa.gov) for more information. These standards should be used in conjunction with the County's Social Media Policy. 16.8.1 Content 1. Department communications officer shall hold and maintain their department's Twitter account. a. Each department will have only one Twitter account, unless otherwise approved by the Elected Official or Division Director. Account information, including usernames and passwords, shall be registered, and updated with the department Communications officer, Division Director, and Elected Official. The Information Service department will be provided logins, passwords and editing rights by the Division Director or Elected Official for emergency editing. 2. All Mason County department's Twitter bio will read: (Department name) Comments, list of followers subject to public disclosure (RCW 42.56). If appropriate the following will be added: This site is not monitored. Call 911 for emergencies. 3. Twitter usernames shall begin with "Mason" (MasonParks, MasonPW and MasonPH). In cases where the username is too many characters, begin with "MC" (MCProsecutor). 4. Department Twitter account backgrounds will share an official Mason County logo provided by the Information Services Department. 5. Twitter accounts shall serve three primary purposes: a. Get emergency information in/out quickly. b. Promote County-sponsored events. c. Refer followers to content hosted at www.masoncountywa.gov 7. Information posted on Twitter shall conform to the policies and procedures of the County Social Media Policy and the department / office posting the information. Tweets shall be relevant, timely and informative. 8. Twitter content is a short synopsis of information presented on the Mason County Website and other existing information dissemination mechanisms. Department communications officer shall ensure that information is posted correctly the first time. Twitter does not allow content editing. 9. Department communications officer shall be responsive to those citizens who communicate via Twitter's @reply or direct message functions. Communication with followers will be timely and consistent with existing protocols. 10. Mason County Information Services Department shall have the right to suspend or close a Twitter account for improper usage in alliance with the Mason County Social Media Policy. M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 115 of 125 16.8.2 Archive The Department communications officer shall be responsible for archiving Twitter posts. Initial policy will be to archive Twitter postings with the approved retention and archiving program selected by the Information Services in accordance with RCW 42.56. In the retention and archiving program Twitter archives may not be visible to the public but will be accessible for public document retention purposes. M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 116 of 125 Chapter 17 – Cellular Telephone Policy This policy applies to all employees of Mason County, unless otherwise addressed by a current collective bargaining agreement or public safety policy. 17.1 Definitions Cellular Telephones: This includes but is not limited to: Mobile devices that can be used for phone calls and/or text messages, internet, and network features. Electronic Files: Information stored electronically residing on storage media containing data, images, programs, or other information. This includes all files produced or copied onto County-owned or operated hardware, or files produced or copied either to or from other information systems on behalf of the County. Text Messages: The act of composing and sending brief, electronic messages between two or more mobile phones, or fixed or portable devices over a phone network. Internet: Refers to connectivity with other agencies, networks and/or services outside local area networks established and maintained by Mason County. 17.2 County Owned Cellular Phones It is the policy of Mason County to provide employees with efficient, cost-effective telephone communication equipment and services. The purchase and utilization of cellular telephones shall be limited to the requirement and specification contained in this policy. The acquisition of cellular telephones shall be limited to those instances in which there is a demonstrated need for such equipment to perform essential County business or to improve safety, increase productivity, increase service to the public, or in situations in which necessary communications cannot be provided by any other means. The purchase of cellular telephones shall be subject to approval by the Department Head and completed by Mason County Information Services. The County Information Services Department shall install, service, and support cellular telephones software connected to the County’s network system. All equipment purchases, including hardware (phones) or software (applications), shall be approved, in writing, by the department head prior to purchase or installation on to cellular phone or communications equipment by Information Services. Additionally, electronic communication equipment purchased and owned by employees with the intent of using it for County purposes will not be eligible for County reimbursement or to be placed on the County’s network system. 17.3 Use of Cellular Phones Discretion is to be used in discussing confidential information using cellular communication. Cellular transmissions can be overheard by others. Employees are responsible for taking reasonable precautions to prevent theft and/or vandalism of cellular equipment. In anthe event an employee fails to use reasonable precautions, the county may require the employee responsible for such cellular telephone to reimburse the county for the reasonable cost to replace such telephone. M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 117 of 125 17.4 Personal Use of Cellular Phones The County recognizes that occasions arise in which personal calls or text messages need to be made or received on a cellular telephone. However, it is intended that cellular telephones be used for County business-related purposes. Personal calls and text messages are to be minimized. Calls or text messages home or to the family, etc., by County staff when required to work extended hours shall be considered business calls or texts. Making and receiving personal calls or text messages should be limited. Use of personal cellular telephones and/or County telephone equipment and services should not result in additional costs to the County and should not interfere with performance of official duties or normal business operations. Employees are trusted to exercise good judgment in both the duration and frequency of such calls and text messages. The County reserves the right to monitor the billing and use of all County owned cellular telephones. The County normally does not reimburse employees for calls made on personal cellular phones. 17.5 Termination of Use of County Owned Cellular Phones If the conditions of this policy are violated by the employee, the department head may restrict or terminate the use of County owned cellular phones by the employee. 17.6 Records Retention of Cell Phone Record The County Auditor’s Office will retain copies of the County cellular telephone billing records. These billing records must include call history (all numbers called and text messages) in accordance with the laws set forth by the State of Washington. Billing records sent to the Auditor’s Office without the call history will not be paid and sent back to the department due to lack of information. Text message contents will be retained in the same fashion as the County’s e-mails. Cellular phone calls, text messages, e-mails, electronic files, and internet usage made on County owned phones are subject to the Public Records Act (RCW 42.56), and the Washington Court Rules and specifically General Rules (GR) 22, 31 and 31.1 for courts. Therefore, there is an extremely narrow scope of expectation of privacy. All calls and text messages are open to public records requests. Information Services will provide text message management; install the application for and storage of text messages. 17.7 Service Billing Information Services will manage and administer all County cellular phone contracts to include service plans, maintenance agreements and upgrades. The retention software will be purchased and funded by Information Services. The cellular company will provide Information Services with individual department statements of monthly services. Information Services will provide individual departments with a copy of their monthly statements. Each county department/office will be responsible for yearly budgeting and Support Services will voucher payment from the individual departmental budgets. The consolidated contract’s services will be shared by all County owned cellular telephones and will be subject to review by Information Services of individual’s usage. If individual’s usage exceeds the County’s M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 118 of 125 average usage and an overages fee is charged, those individual’s departments will be responsible for the payment of the overage fee. If an individual’s usage is determined to be for non-county use, the individual shall be personally responsible for the overages fee. M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 119 of 125 Chapter 18 – Telework Policy 18.1 Purpose To establish guidance and direction for when there is a determined need for qualified employees to conduct County business from a location outside the normal work location. 18.2 Eligibility Teleworking may be used on specific occasions or more often depending on the need. Qualified employees may request approval to telework, but all may not be eligible. Their work must: 1. Require minimal face-to-face interaction with co-workers, supervisors, and customers. Writing, reading, telephoning, data analysis, computer programming, word processing and certain data entry functions are all tasks amenable to teleworking. 2. Have a minimal need for specialized material, equipment, or supervision. An employee’s request to telework will be considered considering the objectives of the office or department and must be approved by the Elected Official/County Administrator/Department Head for the office or department. Approval is discretionary and will be based on the following factors: 1. Office/Department needs, e.g., emergencies, special projects, critical position, etc. 2. Employee’s job performance history. 3. Nature of work. 4. Effect on service to clients and effect on office workload. 5. Competing work schedule or leave requests. Approval for teleworking under this policy is for remote work performed in Washington State only. Employees wanting to temporarily work remotely outside of Washington State must receive approval from Human Resources and their Department Head/Elected Official. 18.3 Job Responsibilities and Conditions 1. Employee salary, job responsibilities, benefits and insurance coverage will not change. 2. Professionalism in terms of job responsibilities, work, output, and customer service will continue to follow the high standards set by County policies. 3. Teleworkers are responsible for maintaining effective workflow among clients, coworkers, and the Elected Official/County Administrator/Department Head. 4. The amount of time an employee is expected to work will not change. Overtime hours will not be permitted unless requested and authorized in advance by the supervisor. M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 120 of 125 5. Teleworking is not a substitute for dependent care. 6. Teleworkers may withdraw or be withdrawn by the Elected Official/County Administrator/Department Head from the program at any time with three (3) days written notice, or sooner if there is an immediate need. 18.4 Telework Site The Teleworker must designate and maintain a clean, safe, and productive workspace that is adequate for accomplishing necessary tasks and free of obstructions and distractions. The site must also be ergonomically correct based upon Labor & Industries guidelines to prevent occupational disease or injuries. 1. Employees telework sites are considered an extension of the office/department for limited purposes while employee is in official telework status. All County policies are in effect. 2. The County owned computing device, or any other equipment assigned to the employee while teleworking shall not be used for personal business. 3. The County may make on-site inspections of the telework work site and any County-owned equipment, at a mutually agreed upon time. 4. The County may electronically monitor employee’s activities while connected to County network. 5. Teleworkers will take precautions necessary to secure proprietary and confidential information and prevent unauthorized access to any County systems or paper files. 6. Employees in telework status shall be available during the approved work schedule for telephone calls. 7. The county will not pay for a telework site (physical facility), telephone lines, or internet connection. 8. A Teleworker must not conduct in-person meetings with customers or co-workers while working from home. 18.5 Computers, Software, Supplies, and Support 1. Any hardware or software furnished by the County remains the property of the County and will be returned should a teleworking agreement be terminated. Information Technology (IT) will coordinate all transfers of equipment according to established procedures. 2. County owned software may not be duplicated except as formally authorized by the manufacturer’s licensing agreement. 3. Any requests for PCs or terminals with access to County networks, mainframes, or other applications must be reviewed and approved by the IT Department. M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 121 of 125 4. County equipment (computers, printers, modems, telephones, etc.) furnished to the teleworking employee is to be used only by authorized persons for official County business. 5. Supplies required to complete assigned work at the telework work site shall be obtained during the teleworker’s in-office work periods. 6. IT shall be responsible for any County equipment maintenance, installation of software, security access, or support. 7. Only County approved software will be installed on County approved teleworking equipment. 8. Teleworkers requiring access to the County’s Virtual Private Network (VPN) must contact IT Help Desk at 360-427-9670 ext. 558, via the County’s IT Support Ticket System at http://helpdesk.mason.local/tickets/ to request an account. 18.6 Workers’ Compensation During Telework hours, the Teleworker is covered for any injury arising out of and in the course of employment pursuant to the Washington State Workers’ Compensation Act. A Teleworker injured while working at the Teleworker’s residence or other Remote Work Locations is required to follow established County procedures for reporting on-the-job injuries. This can be found on the Human Resources website: https://masoncountywa.gov/forms/human-resources/Employee-Injury-Illness-Incident-Report.pdf 18.7 Overtime, Leave, and Compensation In accordance with the County’s overtime policy, overtime must be approved in advance to preclude any unintended liability for premium pay. Teleworkers must receive supervisory approval prior to working beyond their normal hours of duty. Failure to obtain supervisory approval may result in the termination of the Telework Arrangement and possible disciplinary action. Procedures for requesting leave will remain unchanged. The teleworker is responsible for obtaining leave approval in advance and keeping appropriate personnel informed of leave usage in accordance with either the Personnel Policy or applicable Collective Bargaining Agreement policy and procedures. Teleworkers working at their Remote Work Location will be granted the same holidays as employees working at the Main Worksite. If a Teleworker becomes sick at any time while Teleworking, the Teleworker must immediately notify their manager and use sick leave to cover those hours not worked. If a Teleworker must take some other form of leave, the Teleworker must request leave from their manager immediately and use the leave to cover those hours not worked. A Teleworker’s compensation and benefits will not change due to participation in the Telework Program. A Teleworker must submit timesheets and leave requests in accordance with the normal policies and procedures. M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 122 of 125 18.8 Liability The County will defend and indemnify a Teleworker who is Teleworking at their residence or other approved Remote Work Location for all claims arising out of and with the Teleworker’s scope of employment consistent with the provisions for the Local Government Tort Claims Act and other applicable laws and in accordance with Mason County’s Policy and Procedure for Defense and Indemnity of Employees, Ordinance No. 06-18. Mason County is not liable for any loss, destruction, or damage to property or for any injury or loss to third persons occurring at or around the Teleworker’s residence or other approved Remote Work Location. 18.9 Inclement Weather It is a County priority to ensure continuity of operations during inclement weather or other emergency conditions. In the event of a County declared general, weather-related, or other public health emergency closes the Teleworker’s Main Worksite, a teleworking employee scheduled to Telework will be required to continue working remotely, unless it is impossible (power outage). County closures, or limited operation changes, are typically to accommodate the safety of employees who are risking the travel to and from the worksite. Teleworking is a privilege and does not include a risk of traveling to and from the worksite. 18.10 Confidentiality A Teleworker is responsible for protecting the confidentiality, integrity, and availability of data, information, and paper files used when Teleworking. A Teleworker must follow all applicable County, federal, state, and departmental policies, laws, and regulations to protect data, accessed or maintained while Teleworking. In addition, Teleworking employees must adhere to the following: 1. Protecting information assets from unauthorized access and use by others, including family members, friends, and other visitors. 2. Leaving information assets only in secured locations and not in unattended or' unlocked vehicles, or other locations where they may be easily stolen. 3. Ensuring that any County issued equipment, such as cell phones, hot spots, or computers passwords are protected from unauthorized access and use by the Teleworker's personal equipment (i.e., County issued hot spot hooked up to personal laptop or cellphone, etc...) or used by others, including family members, friends, and other visitors. Costs incurred by personal use shall be paid by the Teleworker. 18.11 Application and Renewal Employees may apply for Telework using the approved form. Requests will be considered on an individual basis. Telework requests will be reviewed, at a minimum, annually to validate arrangements are still effective and in the best interest of the County. M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 123 of 125 Chapter 19 – Artificial Intelligence (AI) Policy 19.1 Purpose This policy outlines the principles and procedures for the use of Artificial Intelligence (AI) tools by Mason County employees, contractors, and partners. It aims to ensure responsible, ethical, and transparent application of AI while maximizing its potential for public benefit. 19.2 Scope This policy applies to all Mason County elected officials, personnel, contractors, and partners who utilize AI tools for official county purposes, including service delivery, research, operational improvement, and communication. 19.3 Principles Mason County acknowledges both the benefits and potential risks associated with AI in the public sector. The county commits to using AI in a manner that upholds the following principles: • Accountability: Individuals using AI are accountable for their actions and decisions involving these tools. They must comply with applicable laws, regulations, policies, and best practices. Any issues or incidents involving AI must be reported to supervisors or designated authorities. • Transparency: The purpose, function, and limitations of AI tools should be transparent to the public and stakeholders. Clear and understandable explanations of how AI works and its outputs are crucial. • Fairness: AI tools should be utilized in a fair and unbiased manner. Algorithmic bias and discriminatory results based on protected characteristics must be avoided. Regular monitoring and evaluation of AI performance and impact are essential to address potential unfairness. • Privacy: The privacy of individuals whose data may be used by AI tools must be respected. Consent must be obtained before collecting or processing personal or sensitive data. The confidentiality and security of such data are paramount. • Quality: High-quality and accurate AI tools are crucial. Reliable data sources and effective testing and validation procedures are essential to ensure accurate and reliable outputs. • Human Oversight: No AI-generated document shall be released to the public without human review and modification. This ensures factual accuracy, alignment with county values, and appropriate tone and language. 19.4 Implementation To implement these principles, the following procedures are established: • Acquisition: All AI tools must be approved by the designated IT department and IT steering committee, ensuring compliance with this policy and relevant regulations. Formatted: Space Before: 0 pt Formatted: Font: (Default) +Body (Calibri), 11 pt Formatted: Space Before: 2 pt Formatted: Font: (Default) +Body (Calibri), 11 pt Formatted: Space Before: 0 pt Formatted: Font: (Default) +Body (Calibri), 11 pt Formatted: Space Before: 2 pt Formatted: Font: (Default) +Body (Calibri), 11 pt M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 124 of 125 • Training: Employees using AI tools will receive appropriate training on responsible AI use, including ethical considerations, bias mitigation techniques, and data privacy practices. • Monitoring and Evaluation: Regular monitoring and evaluation of AI tools will be conducted to assess their effectiveness, fairness, and impact on individuals and communities. • Incident Reporting: Any issues or incidents involving AI must be reported to designated authorities for investigation and appropriate action. • Review and Revision: This policy will be reviewed and updated periodically to reflect changes in technology, legislation, and best practices. 19.5 Enforcement Compliance with this policy is mandatory for all Mason County elected officials, personnel, contractors, and partners. Failure to comply may result in disciplinary action or termination of contracts. 19.6 Resources/Contact Resources: • Mason County IT department and IT steering Committee: For guidance on AI tool acquisition and support, or for information on data privacy and security practices. • Office of Human Resources: For training opportunities on responsible AI use. Contact: For any questions or concerns regarding this policy, please contact the Mason County IT department. Mason County Personnel Policies Adoption Chronology Action Resolution Number Date Original Adoption 148-99 December 21, 1999 Revised Chapter 6.3 63-00 July 5, 2000 Add Chapter 5.8 7-01 January 23, 2001 Revised Chapter 5.6 93-01 August 28, 2001 Revised Chapter 4.6 and 7.11 37-14 July 8, 2014 Revised Chapter 5.3 71-15 December 22, 2015 Revised Chapter 8.3 27-16 May 24, 2016 Added Chapter 15.1-15.4 56-16 September 20, 2016 Formatted: Font: (Default) +Body (Calibri), 11 pt Formatted: Space Before: 0 pt Formatted: Font: (Default) +Body (Calibri), 11 pt M a s o n C o u n t y P e r s o n n e l P o l i c y P a g e 125 of 125 Revised Chapter 4.5 70-16 October 18, 2016 Added Chapter 16.1-16.7 102-16 December 20, 2016 Revised Chapter 13 19-17 April 11, 2017 Revised Chapter 7 & 13 04-18 February 6, 2018 Added Chapter 2.3 22-18 April 3, 2018 Revised Chapter 14.5 Added Chapter 14.6 68-19 July 23, 2019 Revised Chapter 4.2, 4.3, 5.5, 5.10, 7.9, and 13 89-19 September 3, 2019 Revised Chapter 16.7 96-19 October 8, 2019 Revised Chapter 7.9 and 8.5 2020-01 January 7, 2020 Revised Chapter 13 2020-24 March 3, 2020 Revised Chapter 4.5 2020-28 March 17, 2020 Revised Chapter 4.3 and 7.10 2020-86 November 3, 2020 Revised Chapter 3.5, 5.1, 5.2, 5.3, 5.12, 7, 7.1, 7.3, 7.6, 7.10, 7.11, and 17 2021-047 August 3, 2021 Added Chapter 5.13 2022-036 May, 2022 Revised Chapters 2-17 2022-087 December 6, 2022 Revised Chapters 1-17 2023-011 February 28, 2023 Revised Chapters 1-17 2023-xx May 9, 2023 Revised Chapters 1-17 2023-047 September 12, 2023 Revised Chapters 3, 8, 10, 12, 18 2023-057xx October 24, 2023 Revised Chapters 4, 5, 7 Addition of Chapter 7.14, 19 2024-xxx February 13, 2024 Formatted: Font: 11 pt Formatted: Font: 11 pt Mason County Agenda Request Form To: Board of Mason County Commissioners From: Mary Ransier Ext. 422 Department: Human Resources Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): February 12, 2024 Agenda Date: February 13, 2024 Internal Review: ☐ Finance x Human Resources x Legal ☐ Information Technology ☐ Risk (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: __________ Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Fair Labor Standards Act Status Review and Retroactive Payment Background/Executive Summary: July 1, 2020, WAC 296-128-545 changed the salary threshold of the criteria that must be met for a position to remain in an exempt status. In 2023, salaries for the employees identified in the resolution did not meet the new threshold criteria and the positions should have been classed as non-exempt. The attached resolution shows the difference between the 2023 salary paid and the 2023 threshold criteria. Budget Impact (amount, funding source, budget amendment): Supplemental. Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval of the Resolution authorizing retroactive payment for specific 2023 exempt employees that were classified as exempt but did not meet the salary threshold rule and should have been classified as non-exempt. Attachments: Resolution Mason County Agenda Request Form To: Board of Mason County Commissioners From: Diane Zoren Ext. 747 Department: Support Services Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): February 12, 2024 Agenda Date: February 13, 2024 Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☐ Risk (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: __________ Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Lewis-Mason-Thurston Area Agency on Aging Advisory Council Appointment Background/Executive Summary: The Lewis-Mason-Thurston Area Agency on Aging (LMTAAA) is an eighteen-member advisory council that manages, monitors, plans, funds, coordinates, and advocates for community services and programs that service seniors and adults with disabilities to help them remain living in their own homes. LMTAAA makes recommendations to the Council of Governments and staff. Budget Impact (amount, funding source, budget amendment): N/A Public Outreach (news release, community meeting, etc.): News Release Requested Action: Approval to appoint Stefanie Herman to the Lewis-Mason-Thurston Area Agency on Aging (LMTAAA) advisory council for a two-year term expiring February 13, 2026. Attachments: Application Letter I AM SEEKING APPOINTMENT TO NAME: ADDRESS: CllY/ZIP: VOTING PRECINCT: MASON COUNTY COMMISSIONERS 411 NORTH FIFTH STREET SHELTON WA 98584 Fax 360-427-8437; Voice 360-427-9670, Ext. 419; 275-4467 or 482-5269 I PHONE: WORK PHONE: (OR ARE A IN THE COUNTY YO U LI VE) E-MAIL: COMMUNITY SERVICE EMPLOYMENT: (IF RETIRED . PREVIOUS EXPERIENCE) (AC TI V ITIE S O R M EM BER SHIP S) COMPANY: POSITION: COMPANY: POSITION: In y o ur words, what do you perceive is the role or purpose of the Boa rd , Comm ittee or Council for which you are applying: What interests, skil ls do you wis h to offe r the Boa rd, Committee, o r Counci l? Please list any financial , pro fessiona l , o r v olu ntary affiliatio ns w hic h may influe nce or affe ct yo ur posi t ion o n t his Boa rd : (i.e. c re ate a po ten t ial co nflict of in terest) Your participation is dependent upon attend ing certa in tra inings made availab le by the County during regular bus iness hours (such as Open Public Meetings Act and Pub li c Records). The tra inings would be at no cost to you. Would you be able to attend such trainings? Realistically, how much time can you give to this position? Quarterly Monthly Weekly Daily Office Use Only Appointment Date ___ _ Signature Dale Term Expire Date ___ _ MASON COUNTY BOARD OF COMMISSIONERS 1ST District RANDY NEATHERLIN 2nd District KEVIN SHUTTY 3rd District SHARON TRASK Mason County Building 1 411 North Fifth Street Shelton, WA 98584-3400 (360) 427-9670 ext. 419 Fax (360) 427-8437 February 13, 2024 Stefanie Herman Dear Stefanie, We are pleased to announce that we have appointed you to serve on the Lewis- Mason-Thurston Area Agency on Aging Advisory Board to fill an unexpired term ending February 13, 2026. Jessica Hodges is the contact and will provide you with meeting information. If you need to contact her, please call (360) 664-2168 ext. 108. The link to the Lewis-Mason-Thurston Area Agency on Aging Advisory Board website can be found at https://www.lmtaaa.org/. The Lewis-Mason-Thurston Area Agency on Aging Advisory Board typically meets the 1st Wednesday of the month at 9:30 a.m. to approximately noon via Zoom or at the Area Agency on Aging Office located at 2404 Heritage Court SW in Olympia, WA. The Mason County Boards and Commissions Handbook can be found at: https://masoncountywa.gov/forms/advisory/boards_commissions_handbook.pdf As a Board member, we ask that you become familiar with the Open Public Meetings Act (OPMA) and the Public Records Act (PRA). Our Advisory Boards are subject to these regulations. The link to the online training can be found at http://www.atg.wa.gov/open-government-training. Please view Lessons 2 and 3 as soon as you are able. Once you have viewed these trainings, please contact Jessica Hodges for documentation purposes. We appreciate your willingness to serve on the important board and are certain you will provide valuable input. Thank you for your service to our community, ___________________ Randy Neatherlin, Chair ___________________ Kevin Shutty, Vice-Chair ___________________ Sharon Trask, Commissioner C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Kell Rowen/L,uke Viscusi Ext.286/282 Department Community Development: Briefing: ❑X Action Agenda: ❑X Public Hearing: 0 Special Meeting: ❑ Briefing Date(s): January 8,2024 Agenda Date: January 16&February 13,2024 Internal Review: ❑ Finance ❑ Human Resources ❑X Legal ❑ Information Technology ❑ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board's Use Only: Item Number: 10.1 Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken Ordinance/Resolution No. Contract No. County Code: Item• Amendments to Title 16—Plats and Subdivisions. Background/Executive Summary: Mason County Planning Department brought forth a text amendment to Mason County Code Section 16.40.041 MW in August of 2023 along with other amendments. The amendment was approved by the BOCC on August 15,2023,as Ordinance No.2023-045 Att.B. This proposed text amendment undoes the amendment to section 16.40.041 (1)(A). Staff requests to amend the subject section back to the original text. Subsequently, staff will review boundary line adjustment regulations in their entirety in both Titles 16 and 17 and consider making recommended amendments at a future meeting. The PAC,at their December 18,2023 meeting,unanimously recommended the amendment be forwarded to the BOCC for consideration and approval. Budget Impact(amount, funding source,budget amendment): None Public Outreach (news release,community meeting, etc.): The PAC held one public hearing which was advertised according to the notification requirements of Mason County Code Section 15.07.030. Requested Action: Approval of the Ordinance amending Mason County Code Section 16.40.041 (1)(A)relating to boundary line adjustments. Attachments Ordinance Staff Report ORDINANCE NUMBER AMEN DM ENT TO MASON COUNTY CODE TITLE 16 ORDINANCE amending Mason County Code Title 16, Plats and Subdivisions. WHEREAS, under the authority of Chapter 58.17 RCW, Mason County has authority to regulate the process by which land is divided; and WHEREAS, the Mason County Board of County Commissioners made an amendment to Title 16, Section 16.40.041 (1)(A) relating to boundary line adjustments by Ordinance No. 2023-045 Att. B on August 15, 2023; and WHEREAS, the Planning Department proposed to amend the same section back to the original text to allow for further public comment in the future if it is amended again; and WHEREAS, the Board of County Commissioners conducted a public hearing regarding Mason County Code Title 16, Plats and Subdivisions on February 13, 2024; and BE IT HEREBY ORDAINED, the Mason County Board of Commissioners hereby approves and ADOPTS amendments to the Mason County Code Title 16, Plats and Subdivisions as described in ATTACHMENT A. DATED this day of 2024. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: Randy Neatherlin, Chair McKenzie Smith, Clerk of the Board APPROVED AS TO FORM: Kevin Shutty, Commissioner Tim Whitehead, Chief DPA Sharon Trask, Commissioner ATTACHMENT A 16.40.041 Decision criteria. The review authority shall approve an application for a boundary line adjustment provided the following criteria are met: (1) The lots or parcels resulting after the boundary line adjustment shall meet all dimensional requirements specified for the applicable zone as set forth in the approved Title 17 and, if applicable, Chapter 8.52. (A) Boundary line adjustments in residentially zone property must meet the requirements of minimum and maximum lot sizes,as set forth in the approved Title 17, URless alFeady legally^^ conforming. (2) No lot, use,or structure is made nonconforming or more nonconforming than that which existed at the time of application,and subject to the provisions of the approved Title 17 and, if applicable,Chapter 8.52. (3) Will not diminish or impair existing or future drainage,water supply,sanitary sewage disposal (including on-site sewage disposal)or legal access. (4) All boundary line adjustments shall not result in any of the following: (A) Shall not result in the creation of any additional lot,tract, parcel,site,or division. (B) Shall not be reconfigured or adjusted in a way in which would render access for vehicles, utilities, fire protection,or existing easements impractical to serve their purpose. (5) A boundary line adjustment which includes out lots may be approved, provided that such tracts are intended for and restricted by covenant to a specified accessory use,such as for stormwater management, common area playground, or open space. Created: 2023-05-24 11:42:55 [EST] (Supp. No.63,5-23,Update 1) Page 1 of 1 STAFF REPORT ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ RE: Public Hearing for considering an amendment to Title 16—Plats& MEETING OUTCOME Subdivisions related to boundary line adjustments (BLAs). REC.APPROVAL Department: Community Development—Planning AYE Staff Contact(s): Kell Rowen, DCD Director NAY Ext. 286 or krowen@masoncountywa.gov CONT. HEARING Date: February 13, 2024 OTHER Meeting Type: Public Hearing Action Requested at this Meeting: BOCC review the proposed amendment and approve the Ordinance adopting said amendment. Attachment(s): Proposed amendment to Title 16, section 16.40.041 (1)(A). Ordinance PROPOSED AMENDMENTS TITLE 16 Background Mason County Planning Department brought forth a text amendment to Title 16, chapter 16.40, section 16.40.041 (1)(A) in June of this year along with other amendments. The amendment was approved by the BOCC on August 15, 2023, as Ordinance No. 2023-045 Att. B.This proposed text amendment undoes the amendment to section 16.40.041 (1)(A). Discussion Staff requests to amend the subject section back to the original text. Subsequently, staff will review boundary line adjustment regulations in their entirety in both Titles 16& 17 and consider making recommended amendments at a future meeting. 615 W.Alder Street ♦ Shelton,WA 98584 360.427.9670 ext. 286 1 ©masoncountywa.gov STATE ENVIRONMENTAL POLICY ACT (SEPA) DETERMINATION This non-project action SEPA is exempt per WAC 197-11-800 (19)(b). PUBLIC NOTICE Public notice requirements per MCC Title 15.07.030. REQUESTED ACTION Staff requests that the BOCC and public review the proposed changes, provide any comments, and approve the proposed amendment. 615 W.Alder Street ♦ Shelton,WA 98584 2 360.427.9670 ext. 286 1 ©masoncountywa.gov