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2019/09/03 - Regular Packet
BOARD OF MASON COUNTY COMMISSIONERS DRAFT MEETING AGENDA Commission Chambers— 9:00 a.m. 411 North Fifth Street, Shelton WA 98584 September 3, 2019 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Correspondence and Organizational Business 4.1 Correspondence 4.2 Presentation of 2019 Preliminary Budget—Auditor Paddy McGuire &Chief Finance Manager Leo Kim 4.3 News Release: Mason County Volunteer Board vacancies. Staff: Frank Pinter 5. Open Forum for Citizen Input (3 minutes per person, 15 minutes time limit) If you wish to address the Commission, raise your hand to be recognized by the Chair. When you have been recognized, please step up to the microphone and give your name and address before your comments.The Mason County Commission is committed to maintaining a meeting atmosphere of mutual respect and speakers are encouraged to honor this principle. 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 — None. 8. Approval of Action Agenda: All items listed under the"Action Agenda"may be enacted by one motion unless a Commissioner or citizen requests an item be removed from the Action Agenda and considered as a separate item. 8.1 Approval of a 1.7% increase to the 2020 Field Rental Rates consistent with Resolution 65-18. 8.2 Approval of a resolution appointing Frank Pinter as the Mason County Applicant Agent for Recreation and Conservation Office (RCO) Grant #18- 1269D, and approval to have the Chair sign the RCO applicant authorization form. 8.3 Approval to amend the contract with Mason General Hospital to provide hepatitis B vaccinations, respirator FIT medical reviews, testing and supplies and approval to have the Chair sign the contract. 8.4 Approval to transfer $15,000 from salaries to operating expense within the Assessors office for a new server. 8.5 Approval to adopt a resolution amending Resolution 68-19, Mason County Personnel Policy, to amend Chapter 4.2 Hours of Work and Overtime, Chapter 4.3 Compensatory Time, Chapter 5.5 Salary for Exempt Employees, and Chapter 13 Vehicle Use policy. Also, the addition of Chapter 5.10 Uniform Agendas are subject to change,please contact the Commissioners' office for most recent version. This agenda was last printed on 08/29/19 11:12 AM. If special accommodations are needed,contact the Commissioners'office at ext.419,Shelton#360-427-9670;Belfair #275-4467,Elma#482-5269. MASON COUNTY COMMISSIONERS' MEETING AGENDA September 3, 2019— PAGE 2 Allowance, and effective December 31, 2019, rename Chapter 7.9 Shared Leave Program to WA Paid Family and Medical Leave. 8.6 Approval of modification No. 3 to agreement 16-PA-11060900-006 between the USDA Forest Service and Mason County Noxious Weed Control Board. 8.7 Approval of Warrants &Treasure Electronic Remittances Claims Clearing Fund Warrant #s 8066660-8066674 $ 43,587.62 Direct Deposit Fund Warrant #s 61442-61836 $ 749,108.78 Salary Clearing Fund Warrant #s 7004637-7004664 $ 534,101.35 8.8 Approval of a contract between Mason County Public Health and Online RME, LLC for the Sewage System maintenance database. 9. Other Business (Department Heads and Elected Officials) 10. 9:15 a.m. Public Hearings and Items Set for a Certain Time 10.1 Public Hearing to correct the sale of parcels 32021-56-02003 & 32021-56- 02004. Staff: Frank Pinter 11. Board's Reports and Calendar 12. Adjournment J:\AGENDAS\2019\2019-09-03 REG.doc (J �r MASON COUNTY TO: BOARD OF MASON COUNTY COMMISSIONERS Reviewed: FROM: Jennifer Giraldes Ext. 380 DEPARTMENT: Support Services Action Agenda DATE: September 3, 2019 No. 4.1 ITEM: Correspondence 4.1.1 Dan Dittmer sent in an application for the Veterans Advisory Board. 4.1.2 Daniel Grimm sent in a letter regarding the planning department . Attachments: Originals on file with the Clerk of the Board. cc: CMMRS Neatherlin, Shutty&Trask r . Clerk RECEIVES h1ASON COUTdTkT COMMISSIONERS y ` 4.11 NORTH FIFTH STREET AUG 2 2 2019 SHELTON WA 98584 - Mason County Fax 360-427-8437; Voice 360-427-9670, Ext. 499; 275-4467 or 482-5269 Commissioners /nt !AM SEEKING APPOINTMENT TO ecS AAAy ce . go-, NAME: G�Y� i e v ADDRESS: (� !n i o' L /�/ PHONE: 3(oc)_t s 3 3 y Z CITY/ZIP: 1� 7�/ VOTING PRECINCT: WORK PHONE: -- '�q t %1J LG (OR AREA IN THE COUNTY /f///f(J YOU UVE) - ll-- I '�''t` t1f` �//(�7J ��J � Y vt - -- ----------------------------------------------------------------------------------------------- COMMUNITY SERVICE EMPLOYMENT: (IF RETIRED, PREVIOUS EXPERIENCE) ( T! !TI S 0 AEMI(3E SHIPS; `'�" 1 'Y 04C SS b C-, COMPANY: I Y I II4s�n �C U ICJ l S YRS POSITION: S � `[ v\ arc C.�E� WI -� OP��I�SS,) coa C k C I 1 4 ULa �5c C COMPANY:: I n \V"IPST / YRS Nil) 10jai-"A 6a W\&S 414',11+10er POSITION: �, .,t. CpCl!/tP� C oaC U� v Inyour words, what do you perceive is the role or purpose of the Board, Committee or Council for which you are applying: 0�vv1. d'C 'Re-A— a �t w�a�r� ver' {�2�C(re l cr v�C u\1e ce L CLtn )u V\- What interests, skills do y u wish to offer the Board, ommitt e, or Council? C'l i� Gi l`l t � i C C� U te-r -T �,jZY�O Ct tJe 461fV ALM4,0A 6C (� n� o-c oti tmr ccx 104' ak!n Please list any financial, professional, or voluntary affiliations which may influence or affect your position on this Board: (i.e. create a potential conflict of interest) Your participation is dependent upon attending certain trainings made available by the County during regular business hours (such as Open Public Meetings Act and Public Records).The trainings would be at no cost to you. Would you be able to attend such trainings? E Realistically,how much time can you g(ve this position? Quarterly ortthly 3_. l� Weekiv Dajl'r Office Use Only Appointment Date__ Signatt!re I�� Term Expire Date I ! I j cc: CMMRS Neatherlin, Shutty&Trask Clerk�)bAL)jf, RE BUIED DANIEL K GRIMM AUG 2 6 2019 Mason County Z3 A\XGU, sT Zo Ql Cnmmissinnors n- CA.No% o:_ cxr,.t a,--c S cM.s .�`D c c�-� w.•� ru�e^'� cx�. M a S o"- 1n•-�"C C� �t �� two u"`e`^ c,` `r��j — 5 W ti �v`� Cl 1 -e s J c�`t `�� c�7`�• 4 5 �y � ea.►ti- Vv�•t.S� J-C �n ��� '�rJvv`"'c�� "`� `(`� �1/�� 10821 SHAWNEE ROAD EAST PUYALLUP WA 98374 PHONE 253-905-1098 dan.grimm9prodigy.net NEWS RELEASE September 3, 2019 MASON COUNTY COMMISSIONERS' OFFICE 411 N 5T" ST, BLDG 1, SHELTON, WA 98584 TO: KMAS, KRXY, SHELTON-MASON COUNTY JOURNAL, THE OLYMPIAN, SHELTON CHAMBER OF COMMERCE, NORTH MASON CHAMBER OF COMMERCE, CITY OF SHELTON, ECONOMIC DEVELOPMENT COUNCIL, THE SUN RE: Mason County Volunteer Boards Looking for a way to give back to your community? Here is a list of volunteer advisory boards that need your help: Lewis-Mason-Thurston Area Agency on Aging (LMTAAA) Lewis-Mason-Thurston Area Agency on Aging is a local governmental agency that provides home and community services for seniors and adults with disabilities to help them remain living in their own homes. The advisory council makes recommendations to the governing board and staff. It is critical that Mason County is represented on this council so our seniors and adults with disabilities receive their fair share of services. This advisory council typically meets monthly in Olympia. Mason County Historic Preservation Commission The major responsibility of the Historic Preservation Commission is to identify and actively encourage the conservation of the Mason County's historic resources by initiating and maintaining a register of historic places and reviewing proposed changes to register properties. They also work to raise community awareness of Mason County's history and historic resources and serve as Mason County's primary resource in matters of history, historic planning, and preservation. This is a great way to help preserve our history and meetings are held the 2nd Thursday of the month, 2 p.m., in Shelton. Mason County Lodging Tax Advisory Committee (LTAC) Members are appointed by the Board of Mason County Commissioners and includes representatives of businesses (i.e. motels, campgrounds, VRBO, Airbnb)that are required to collect lodging tax (generators) and members who are persons involved in activities (i.e. festivals, visitor information centers) that are authorized to be funded by lodging tax revenue (spenders). The committee reviews requests for lodging tax funding and makes recommendations to the Commissioners regarding the use of lodging tax moneys. This is done in an effort to increase tourism and bring people to our County to stay in our lodging establishments. The committee meets during regular business hours, usually not more than once a month. Noxious Weed Control Board The Noxious Weed Control Board has the mission of working to protect the citizens, natural resources (including lakes, shellfish and timber), livestock and agricultural resources of Mason County from the degrading effects of noxious weed invasions. The Board works to identify priority weed issues and develops a strategy to control noxious weeds with the cooperation of residents and agencies in the county. This Board meets a few times a year in Shelton. Parks and Trails Advisory Board The Mason County Parks and Trails Advisory Board provides recommendations to the Board of Commissioners regarding the planning, acquisition and development of parks, trails and related programs in Mason County. The Mason County Parks and Trails Advisory Board meets the fourth Thursday of each month at 5:15 p.m. Planning Advisory Commission Vacancy (PAC) If you want to influence Mason County's long-term direction and vision for our growth, the Planning Advisory Commission is for you. The PAC is a seven member, hardworking, citizen board appointed to advise the Board of Commissioners on policy related to amendments to the Comprehensive Plan, Shoreline Master Program, and land use regulations. This commission takes an investment of your time and energy and typically meets at least once per month on the third Monday at 6:00 p.m. in Shelton and may also have additional evening meetings. Solid Waste Advisory Committee. (SWAG) Where does all that garbage go? The Solid Waste Advisory Committee reviews and makes recommendations to the Commissioners regarding solid waste and special waste management in Mason County, including disposal rates, disposal options, waste reduction, recycling, household hazardous waste, and composting programs. If you have a personal or professional interest in waste management, you can help develop comprehensive plans for our community. The SWAC typically meets once a month at 10 a.m. on Wednesdays in our Public Works building. Transportation Improvement Program Citizen Advisory Panel (TIP-CAP) Mason County has one of the best road systems in our state and the mission of TIP-CAP is to represent citizen transportation interests throughout Mason County for all modes of travel during the development of the 6-Year Transportation Improvement Program (TIP). The TIP-CAP will review and analyze Mason County's transportation needs and make recommendations to the Board of Mason County Commissioners. This Board meets the 2nd Wednesday of the month at 5:30 p.m. in our Public Works building. Thurston Mason Behavioral Health Organization (TMBHO)Advisory Board The role of the advisory board is to advise the Thurston Mason BHO Governing Board on matters relating to mental health and substance use disorder services in Thurston and Mason Counties. Each member is expected to represent all citizens of the two counties in their recommendations and advice. This board generally meets the 4th Monday of every month from 5:30-7:00 pm Timberland Regional Library Board (TRL) The TRL Board of Trustees is a five-county rural library district(Grays Harbor, Lewis, Mason, Pacific and Thurston). The Board is made up of seven members, one from the five counties included in the district and two at-large members. This is an unpaid position although travel and board related expenses are reimbursable. The TRL Board of Trustees attends monthly meetings and scheduled events. Board meetings are generally scheduled on the fourth Wednesday of each month at 5:30 p.m. If the meeting date interferes with holidays or conferences, the meeting is held on the third or fifth Wednesday. There are usually six meetings a year held in Tumwater and six meetings held in other areas of the district. Veterans Advisory Board The Veterans Advisory Board is a ten member board appointed to advise the Board of Commissioners on policy related to veteran's assistance. The Advisory Board typically meets monthly on the second Wednesday at 8:30 a.m. at the Memorial Hall, with special meetings scheduled as necessary. For more information on any of the above boards, please visit our website - http://www.co.mason.wa.us/ac/index.php or contact Mason County at 360-427-9670. If you are interested in serving on one of these boards we highly encourage you to attend a meeting so you know it's the right board for you. BOARD OF MASON COUNTY COMMISSIONERS Kevin Shutty Sharon Trask Randy Neatherlin Chair Commissioner Commissioner MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Ross McDowell Action Agenda X Public Hearing Other DEPARTMENT: Parks &Trails EXT: 806 DATE: 09-03-2019 Agenda Item # 8 Commissioner staff to complete) BRIEFING DATE: 08-26-2019 BRIEFING PRESENTED BY: Ross McDowell [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency Item: Mason County Parks Department 2020 Field Rental Rates Background: Mason County Parks is bringing forward to the BOCC the 2020 rate increase consistent with Resolution 65-18 and Fees and Charges Policy for Parks. The rates are adjusted by the CPI for all Cities June to June (2020 is 1.7% increase). Cost Impact to the County: There is no cost impact to the County, there may, however be a revenue increase. Approval to: BOCC approve of Rate Increase per attached rate schedule for 2020 Attachment(s): Exhibit A — Mason County Parks Department 2020 Field Rental Rates H:\Parks and Trails\Parks\Fee Schedules\Field Rental Rates\BOCC Briefing-Agenda Items\BOCC Summary Item 2020 Rates 9-03-2019.doc Exhibit A MASON COUNTY PARKS DEPARTMENT 2020 FIELD RENTAL RATES ORGANIZED YOUTH LEAGUE Use Rate Pro-Rated Based on 2-Hour Practice Practice $ 17.00 $8.50 Per Hour 2-Hour Slot with Field Prep Game $ 29.00 ORGANIZED ADULT LEAGUES: Practice $ 24.00 $12.00Per Hour Game $ 35.00 TOURNAMENTS: Includes Field Preps Per Field $ 144.00 Full Comple> $1 ,005.00 MISCELLANEOUS: Per Hour $ 17.00 DEPOSITS Tier II - two prior payment delinquencies 50% deposit required at time of booking for all scheduled dates Deposit refund if cancelled within 3 months of play 100% If cancelled within 1 -3 months of play 50% If cancelled within 30-15 days of play 10% If cancelled within 14-2 days of play 5% If cancelled within 24 hours of play 0 If cancelled by Parks Dept due to weather 100% Tier I - no or one prior payment delinquencies Deposit For Local League play payment of $375 deposit due upon acceptance of schedule even for multiple day reservations Payment For Local League play payment due upon receipt of invoice which will be processed every two weeks Page 1 Deposit For Tournament play payment of $1 ,005 deposit for one day or $2,010 for two days due upon acceptance of schedule even for multiple day reservations Payment days is due on the Friday prior to tournament play. The deposit will be rolled forward to next scheduled tournament date for multiple dates scheduled Cleanup Fee butts or sunflower seeds left on the Synthetic Turf $250 Biohazard Cleanup Fee to remove bodily fluids $400 Supplemental Fees 3.5' X 8' sign on outfield fence $200/yr $350/2 yrs 3.5' X 8' sign on outfield fence in preferred location $375/yr $675/2 yrs Sponsor is responsible for purchasing sponsor banner County Staff will erect and remove banner at the end of the season Page 2 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Ross McDowell Action Agenda X Public Hearing Other DEPARTMENT: Parks &Trails EXT: 806 DATE: 09/03/2019 Agenda Item # �. Commissioner staff to complete) BRIEFING DATE: 04/22/2019, 08/19,2019 BRIEFING PRESENTED BY: Ross McDowell [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Resolution appointing Frank Pinter as Applicant Agent for RCO grant 18-1269D — MCRA Irrigation System Replacement project Background: In March of 2019 Mason County received information that Mason County would be award the grant of $325,000 grant (RCO 18-1269D) for the MCRA Irrigation system replacerrient project. On 04/23/2019 The BOCC approved Ross McDowell to sign the Certification of Sponsor for the 50% match ($325,000). This project needs an Applicant - Authorization form completed indicating Frank Pinter, Director of Support Services, to be authorized to act as a representative/agent for Mason County with full authority to bind the organization regarding all matters related to this project, including but not limited to, full authority to: (1) approve submittal of a grant application to the Office, (2) enter into a project agreement(s) on behalf of our organization, (3) sign any amendments thereto on behalf of our organization, (4) make any decisions and submissions required with respect to the Project(s), and (5) designate a project contact(s) to implement the day-to-day management of the grant(s). RECOMMENDED ACTION: Approve the resolution appointing Frank Pinter as the Mason County Applicant Agent for the RCO Grant 18-1269D. BOCC Chair to sign the Recreation and Conservation Office (RCO) Applicant Resolution/Authorization form. Attachment(s): Applications on file with Clerk of the Board. Mason County Resolution; "A RESOLUTION APPOINTING THE RECREATION AND CONSERVATION OFFICE GRANT APPLICANT AGENT FOR MASON COUNTY" Agenda Item Summary Form 5/2015 RESOLUTION NO. A RESOLUTION APPOINTING THE RECREATION AND CONSERVATION OFFICE GRANT APPLICANT AGENT FOR MASON COUNTY WHEREAS, Mason County Board of County Commissioners authorizes the person identified below (Frank Pinter) to act as the authorized representative/agent on behalf of our organization and to legally bind Mason County with respect to the RCO Grant 18-1269D for which we seek grant funding assistance managed through the Recreation and Conservation Office (Office); and WHEREAS, state grant assistance is requested by Mason County to aid in financing the cost of the MCRA Irrigation System Replacement project; NOW, THEREFORE, BE IT RESOLVED, the Board of County Commissioners hereby acknowledges Mason County has applied for funding assistance managed by the RCO for the MCRA Irrigation System Replacement project and appoints Frank Pinter, Director Support Services Department, as the authorized to act as a representative/agent for Mason County with full authority to bind the organization regarding all matters related to the Project(s), including but not limited to, full authority to: (1) approve submittal of a grant application to the Office, (2) enter into a project agreement(s) on behalf of our organization, (3) sign any amendments thereto on behalf of our organization, (4) make any decisions and submissions required with respect to the Project(s), and (5) designate a project contact(s) to implement the day-to-day management of the grant(s). ADOPTED THIS day of , 2019. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: Kevin Shutty, Chair Melissa Drewry, Clerk of the Board Randy Neatherlin, Commissioner APPROVED AS TO FORM Sharon Trask, Commissioner Timothy Whitehead, Chief DPA RESOLUTION NO. A RESOLUTION APPOINTING THE RECREATION AND CONSERVATION OFFICE GRANT APPLICANT AGENT FOR MASON COUNTY WHEREAS, Mason County Board of County Commissioners authorizes the person identified below (Frank Pinter) to act as the authorized representative/agent on behalf of our organization and to legally bind Mason County with respect to the RCO Grant 18-1269D for which we seek grant funding assistance managed through the Recreation and Conservation Office (Office); and WHEREAS, state grant assistance is requested by Mason County to aid in financing the cost of the MCRA Irrigation System Replacement project; NOW, THEREFORE, BE IT RESOLVED, the Board of County Commissioners hereby acknowledges Mason County has applied for funding assistance managed by the RCO for the MCRA Irrigation System Replacement project and appoints Frank Pinter, Director Support Services Department, as the authorized to act as a representative/agent for Mason County with full authority to bind the organization regarding all matters related to the Project(s), including but not limited to, full authority to: (1) approve submittal of a grant application to the Office, (2) enter into a project agreement(s) on behalf of our organization, (3) sign any amendments thereto on behalf of our organization, (4) make any decisions and submissions required with respect to the Project(s), and (5) designate a project contact(s) to implement the day-to-day management of the grant(s). ADOPTED THIS day of 2019. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: Kevin Shutty, Chair Melissa Drewry, Clerk of the Board Randy Neatherlin, Commissioner APPROVED AS TO FORM Sharon Trask, Commissioner Timothy Whitehead, Chief DPA MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Dawn Twiddy Action Agenda x Public Hearing Other DEPARTMENT: Support Services EXT: 422 COMMISSION MEETING DATE: 09/03/2019 Agenda Item # g 3 Commissioner staff to complete) BRIEFING DATE: 06/17/2019 & 8/26/19 BRIEFING PRESENTED BY: Dawn Twiddy [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval to amend contract with Mason General Hospital to provide hepatitis B vaccinations, respirator FIT medical reviews, testing and associated supplies. The three series hepatitis B shot cost is $225 per employee and $21 per employee for the Respirator FIT Testing and supplies. Background: Labor and Industry— OSHA requires Mason County to provide hepatitis B vaccinations, respirator FIT medical reviews and annual testing, blood borne testing and documentation. The contract with Mason General Hospital covers requirements that cannot be done by county staff. Employees needing this are; Deputies, Corrections Deputies, Detention Officers, Utilities & Waste —Landfill Attendants & CS&W Operators, Facilities & Parks, and Environmental Health — Septic Tank Inspectors. Special Funds will be billed for their employees. RECOMMENDED ACTION: Approval to amend the Mason General contract for hepatitis B vaccines and respirator FIT medical reviews, testing and supplies and authorize the Chair to sign the contract. Attachment: Mason General Hospital Contract MASON COUNTY and MASON GENERAL HOSPITAL and FAMILY OF CLINICS PROFESSIONAL SERVICES CONTRACT This CONTRACT is made and entered into by and between Mason County, hereinafter referred to as"COUNTY"and Mason General Hospital and Family of Clinics, referred to as "CONTRACTOR." RECITALS: w , -=WHEREAS, COUNTY desires to retain a person or firm to provide the following service: :._ Hepatitis B vaccinations and Respiratory Fit medical reviews for County employees; and WHEREAS, CONTRACTOR warrants that it is qualified and competent to render the aforesaid services. j --- .-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 i Safeguarding Personal Information: 1-.---Personal information collected, used or acquired in connection with this CONTRACT :.... .. .._... __-_ =,":shall:be-'cised solely for the purposes of this CONTRACT. The CONTRACTOR agrees not to release, divulge, publish, transfer, sell or otherwise make known personal information without the express written consent of COUNTY or as provided by law. -2. CONTRACTOR agrees to implement physical, electronic and managerial safeguards to - - prevent unauthorized access to personal information maintained by CONTRACTOR. -The COUNTY reserves the right to monitor, audit or investigate the use of personal '_information collected, used or acquired by the CONTRACTOR through this CONTRACT 1 to-the extent required by law, the CONTRACTOR shall certify the return or destruction of ! all personal information upon expiration of this CONTRACT. ---- 3. Any b�eac_h__ -this condition may result in termination of the CONTRACT pursuant to "Termination for Default" as set forth below and the demand for return of all records in -- connection with this CONTRACT. The CONTRACTOR agrees to indemnify and hold the COUNTY harmless for any damages related to the CONTRACTOR'S unauthorized use or disclosure of personal information. 4. The provisions of this Section shall be included in any of CONTRACTOR'S subcontract(s) relating to the services provide under this CONTRACT. 5. "Personal Information" shall mean non-publicly available 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, 1 addresses, telephone numbers, social security numbers, driver's license numbers, other identifying numbers, and any financial identifiers. Personal Information includes "Protected Health Information" as set forth in 45 CFR §160.103 as currently drafted and subsequently amended or revised and other information that may be exempt from disclosure to the public or other unauthorized persons under either Chapter 42.56 RCW, 42 USC §§1320 et seq., 42 CFR Part 2, Chapters 70.02, 70.24. 70.96A and 71.05 RCW or other state and federal statutes and regulations governing confidentiality or disclosure. GENERAL CONDITIONS Scope of Services: _. CONTRACTOR agrees to provide COUNTY the services and any materials as set forth as identified in "Exhibit A-Scope-ef-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 the date of last signature and will end December 31, 2020 Services Outside of Term: ---.-- -- - .- Services provided-by'COhiTRACTOR prior to or after the term of this CONTRACT shall be _. and are not compensable under this CONTRACT performed at the expense of-C 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 CONT_RACT.may be extended by mutual written consent of the parties, for a period of up to one year, and for a total of no longer than four years. 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 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/sheAt=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 fax 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. 2 i 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 the CONTRACTOR to make the necessary estimated tax payments throughout the year, if any, a. -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. - - -- _�OUN-T-Y-will pay sales and use taxes imposed on goods or services acquired hereunder as -' -.;•_required-by-taw. 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 ='-persor♦ah property-to-wfiich 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: 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 3 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 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 f mut not-Amited1o=those-pertaining-to payment of wages and working conditions, in accordance eric with;-the Amahs with Disabilities 'Act of 1990; and the Contract Work Hours and Safety Standards-=Aot�rovtding for-we-ekty payment of wages, minimum overtime pay, and providing ---that-rio-lataorer-or mechanic=sfiall=be required to work in surroundings or under conditions which are-:unsanitay;=hazardous;:or-dangerous to health and safety as determined by regulations promulgated--hy-the federal Secretary of Labor and/or the State of Washington. Assignment and Subcontracting: :.. -Ttie performance=-of all-activities contemplated by this CONTRACT shall be accomplished by CONTRACTOR: No portion of this'CONTRACT may be assigned or subcontracted to any other Individual,-firm or.erititywithout the express and prior written approval of COUNTY. Conflict of Interest: If at any time prior-to corrimencemenfof, 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 COf1NTY'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 reasonablesteps 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 into providesequal opportunity in all terms, conditions and privileges of employment for all-qualified applicants and employees without regard to race, color, creed, religion,-,national origin ex sextrat 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, 4 hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation In recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, CONTRACTOR shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The foregoing provisions shall also be binding upon any sub-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: shall=nQC-discriminate on the grounds of race, color, creed, religion, national 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/hertits receipt any service or services or otherbenefits provided under this CONTRACT; or deny an individual or _ =-----business an opportunity to participate in any program provided by this CONTRACT. 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, as required by law or an order entered'-by a court after having acquired jurisdiction over COUNTY. CONTRACTOR:shall immediately`give to COUNTY notice of any public records request or judicial proceeding-seeking disclosure of such information. CONTRACTOR agrees that upon receiving any request pursuant to the Public Records Act for public access to or disclosure of -. —any confidential:inforination'as defined by this agreement of COUNTY's in CONTRACTOR's possession-or--control,_CONTRACTOR will notify COUNTY of such request and provide at least days written notice of such request prior to public disclosure of the documents. CONTRACT may take such_efforts to:-assert or exercise any rights available to COUNTY under the Act to I prevent or limit such-public disclosure or access at COUNTY's sole and exclusive expense. - --- - - 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 subjecfto reView-by any Federal, State or COUNTY auditor. COUNTY or -1s designee shall have the right to review and monitor the financial and service components of :thls: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. 5 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. -.. .. - =:'P-ayment=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: - - =Certificatef-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-Wo-performance of1his CONTRACT and as to claims against COUNTY, its --::officers, agentsand 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 agree-=thal the obligations to Indemnify, defend and hold harmless provided in this CONTRACT extend to-4ny-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 I -- 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. Defense and Indemnity Contract: 7..-: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, attomey'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-indemnrfication obligation of CONTRACTOR shall not apply in the limited circumstance where-the claim, damage, loss or expense is caused by the negligence of the 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 the COUNTY to 6 i I indemnification obligations of the CONTRACTOR are a material inducement to the 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's Human Resources Manager and his or her designee, as COUNTY's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this CONTRACT, including COUNTY's right to receive and act on all reports and documents, and any auditing performed by the COUNTY related to this CONTRACT. The Administrative Officer for purposes of this CONTRACT is: Dawn Twiddy, Human Resources Manager Mason County Human Resources 411 N 5'h Street Shelton,WA 98584 Phone: 360-427-9670 x422 E-mail: dawnt@co.mason.wa.us CONTRACTOR's Primary Contact's Information: Primary Billing Contact: Tina Brown Director, Business Office Mason General Hospital & Family of Clinics 901 Mountain View Drive PO BOX 1668 Shelton, WA 98584 Phone: 360-427-9573 Fax: 360-427-9597 Email: tlbrown(o-)masongeneral.com 7 Primary Operations Contact: Mark Batty Chief Operations Officer Same Address Phone: 360-427-9560 Fax: 360-427-1921 Email: mbatty@masongeneral.com Primary Contract Signer: Rick Smith _. Chief Financial Officer Same Address Phone: 360-432-3260 Fax: 360-427-1921 ^--:=- -_-.--- Email: rsmith@masongeneral.com Notice: Except4a Betio-h-elsewhe►e-11 the CONTRACT, for all purposes under this CONTRACT excepkservice-of processTndtioe-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 requesfchanges in the CONTRACT. Any and all agreed modifications, to be _- valid and binding upori either party, shall be in writing and signed by both of the parties. Termination for Default: if CONTRACTOR defaults=b) 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 i '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,orwhich may be sustained by COUNTY by reason of such default. 1f a notice of termination for default has been issued and it Is later determined for any reason _- -that CONTRACTOR was._=t:in default, the rights and obligations of the parties shall be the . .. --same as if the notice of termination-had been issued pursuant to the Termination for Public Convenience paragraph hereof. Termination for Public Convenience: COUNTY may terminate this CONTRACT in whole or in part whenever COUNTY determines, in its sole discretion that such termination is in the interests of COUNTY. Whenever the CONTRACT is terminated in accordance with this paragraph, CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A Scope-of-Services and Exhibit B Compensation. An equitable adjustment in the CONTRACT price for partially 8 i I 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 i CONTRACT by COUNTY. f 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. 1 Disputes: -_._-._.. 1. Differences between the CONTRACTOR and COUNTY, arising under and by virtue of the AGREEMENT shall be brought to the attention of COUNTY at the earliest possible time in order that such matters maybe settled or other appropriate action promptly taken. For objections that 1 - --are not made in-the-manner specified and within the time limits stated, the records, orders, -._._. .. ..,--7 =-rulings�h-gWc-tions-and-dedsions of the Administrative Officer shall be final and conclusive. ZThe CONTRACTOR shall not be entitled to additional compensation which otherwise may be payable, or to extension ofArn6jor(1) any act or failure to act by the Administrative Officer of COUNTY,-or-(2) the happent-ng-'of any event or occurrence, unless the CONTRACTOR has _� .___. .. ..._.._: given COUNTY a- written Notice-otPotential Ctaim within ten(10)days of the commencement of the act, failure, or event-giving'Ase'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 orextension 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=df-._additional time required, and copies of any supporting .::. -. documents evidencing the amount or the extension of time claimed to be due. j 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 s CONTRACT or otherwise, including.issues of specific performance, shall be determined by - arbitration in,Shelton, Washington, under the applicable American Arbitration Association (AAA) --= = rules in effect on the date hereof, as modified by this CONTRACT. There shall be one arbitrator selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this CONTRACT shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief (including specific performance), or any other remedy available from a judge, including expenses, costs and attomey fees to the prevailing party and pre-award interest, but shall not have the power to award punitive damages. The decision of the arbitrator shall be final and binding and an order confirming the award or judgment upon the award may be entered in any court having jurisdiction. The parties agree that the decision of the arbitrator shall be the sole and exclusive remedy between them 9 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 Agreement are not subject to arbitration. Venue and Choice of Law: __ -- _-- la=the-event thatany=litigation should arise concerning the construction or interpretation of any of "i-the-terms--of thls-CONTRACT, the venue of such action of litigation shall be in the courts of the .%State_of -n and Mason County. Unless otherwise specified herein, this CONTRACT •:;.shall be governed by the laws of the State of Washington. S*verability: If any-term==w-condition-of=this CONTRACT or the application thereof to any person(s) or i -. . circumstances-is=tteld invalid, such invalidity shall not affect other terms, conditions or j = applicationwhichnbe given effect without the invalid term, condition or application. To this :- -..- =+end,the teaixs-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 . 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. Exhibit C Insurance Requirements C. Special Conditions D. General Condition E. 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. IN WITNESS WHEREOF, COUNTY and CONTRACTOR have executed this CONTRACT as of the date and year last written below. Mason General &Family of Clinics BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON 10 Rick Smith, Chief Financial Officer Kevin Shutty, Chair Dated: A,/z Gl 42, a2D/9 Dated: APPROVED AS TO FORM: Tim Whiteead.Chief DPA I I i i i I 11 EXHIBIT A SCOPE OF SERVICES CONTRACTOR will provide the following occupational health medical services to COUNTY Employees: 1. Hepatitis B Series Vaccination as required by WAC 296-823-13005. --_— ,=----- -.—_2,-=A=copy_of the employee's hepatitis B vaccination status, including the dates of all the hepatitis-B-vaccinations shall be sent to Mason County Human Resources in a-confidendal-marked envelope to be put in the employee's medical file, as required by WAC 296-823-17005. -. - - 3.--Confidential mail should be clearly marked and mailed to: Mason County Human Resources 411 N 5' Street Shelton, WA 98584 :. . - 4. Employee Respirator Fit Medical Review including written recommendation to ....... .. . emploger and employee in accordance with WAC 296-842-14005. 5. Employee Respirator fit Testing and provide appropriate testing supplies in accordance with WAC 296-842-15005. _COUNTY'S Human:-Resources will provide employees with the Hepatitis B Vaccination - . ..... .onsent.Mecllnatlork.Form-as=well as the Medical Screening Form for Respirators prior to ,employees arriving-at-Masort.General Hospital to receive their vaccination and/or Respirator Fit Test. COUNTY'S Human Resources will provide CONTRACTOR with the names of the employees that need a Hepatitis.B Series Vaccination, an Employee Respirator Fit Medical Review and or Fit Testing. No other COUNTY Department may schedule or obtain copies of employee's records on behalf of COUNTY S Human Resources. Should there be a staff change in COUNTY'S Human Resources, COUNTY will promptly notify CONTRACTOR. The current Staff is: Mason County Support Services Human Resources _ .. 'Frank Pinter, Support Services Director 360-427-9670 x530 fpinter@co.mason.wa.us .:Dawn-Twiddy, HR Manager 360-427-9670 x422 dawnt@co.mason.wa.us - - Nichole Wilston, Risk& Safety Compliance Manager 360-427-9670 x643 nwilston@co.mason.wa.us _= Meghan Andrews, Personnel Analyst 360-427-9670 x290 meghana(a co.mason.wa.us EXHIBIT B 12 COMPENSATION A. Compensation: CONTRACTOR will be compensated for actual services rendered. i CPT 90746 Hepatitis B Vaccination(each dose) $105.00 CPT 90471 Immunization Administration (per injection) $ 39.90 --—-------CPT 94799-Respirator Fit Testing-Administration & Review $ 17.00 i Fit.Testing Supplies $ 4.00 B. Requests for Payment: 1.- At a: -minimum-the invoice-is- to include: performance period; date of submission; r3ONTRACTOR's--name,-remittance address and phone number, a list of employees with CPT -- =_ = ;eode or,-description and_.arly=associated supply charge for each amount being billed per - employee; invoice total; and any additional applicable information. 2. Submit via e-mail or hard copy as preferred to: Mason County Human Resources Dawn Twiddy, Human Resources Manager 411 N 5'"Street Shelton,WA 98584 Phone:360-427-8422 Fax:360-427-8439 Email: dawnt(a)co.mason.wa.us - 3:Payment"will be made to CONTRACTOR within thirty (30) days of the receipt of a complete and accurate invoice 13 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 - = ocb0*6npe7 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.=-WorkeW-C9mpensation-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/orvolunteers, 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�Wned=andalired 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-CONTRACT.OR'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 thhat`.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 - -agreement-.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 providecoverage:.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 CONTRACTORS 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. 14 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. _- 7 4_-=All-coverage-types-and=limits'required are subject to approval, modification and additional I _ < requirements by COUNTY. CONTRACTOR shall not make any reductions in scope or limits of r_ := caverage-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=lD=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 --- COUNTYshall 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 Insuredunder these requirements=to obtain prof of insurance required under this CONTRACT in rso way_waives sny--right or remedy of COUNTY or any additional insured, in this or in any II other regard. 6: Itis 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 i - may review options with CONTRACTOR, which may include reduction or elimination of the self- - insuredxetention, substitution of other coverage, or other solutions. ' - --_ $: CONTRACTOR will`-renew the-'r-equired 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.-Thee 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. 15 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-:VI1. _ 13.-All_insuraace-coverage-and limits provided by CONTRACTOR and available or applicable to -- this agreement areintended-ta 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-orof any material alteration or non-renewal of any such policy,other than for -__-- _ non-payment-of-premiumLCONTRACTOR shall assure that this provision also applies to any of -its employees,agents=orsubcontractors engaged by or on behalf of CONTRACTOR In relation to this CONTRACT. - 15. COUNTY reserves th®-right-at any time during the term of the CONTRACT to change the _- amounts 4rid 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 COONTY and CONTRACTOR may renegotiate CONTF;ACTOR'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 referenoe°_to acoverage 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 claire 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. 16 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: PATTI MCLEAN Action Agenda _X_ Public Hearing Other DEPARTMENT: ASSESSOR EXT: 498 COMMISSION MEETING DATE: SEPT. 3, 2019 Agenda Item # Commissioner staff to complete) BRIEFING DATE: AUG. 26, 2019 BRIEFING PRESENTED BY: VICKIE A. KING [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: BUDGET TRANSFER REQUEST BACKGROUND: WE ARE SHARING IN THE EXPENSE OF A NEW SERVER FOR THE IT DEPARTMENT. RECOMMENDED ACTION: TRANSFER $15,000.00 FROM SALARIES TO OPERATING EXPENSE BUDGET IMPACTS: NONE ATTACHMENT(S): NONE C:\Users\vking\Desktop\Commission Agenda Item Summary Template.doc 2019 BUDGET TRANSFER REQUEST PLEASE SUBMIT BUDGET TRANSFER REQUESTS TO BUDGET MANAGER - SUPPORT SERVICES FUND NUMBER BARS LINE Amount Description From - 001 .000000.020.000 514.24.519998.0000.00 15,000.00 > FROM SALARIES TO H C o To + 001 .000000.020.000 514.24.549999.0000.00 15,000.00 OPERATING FOR I.T. SERVER a� From - < N Q To + 4) 0 From - < o To + a a, .a a t L 0 h Please indicate with ** if any of the requested Transfer To BARS lines are new and need to be added. c 0 a Authorizing signature for `^ department requesting transfer: _( EXT: N t Title of authorizing signature: S�JSo�L Date: ���22— �7 Action taken by Budget Manager: Transfer ApprovedTransfer Denied � c � p O° Budget Manager signature: Date: MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Dawn Twiddy Action Agenda x Public Hearing Other DEPARTMENT: Support Services EXT: 422 COMMISSION MEETING DATE: September 3, 2019 Agenda Item # ,5 (Commissioner staff to complete) BRIEFING DATE: August 51h, 12th, & 26th 2019 BRIEFING PRESENTED BY: Dawn Twiddy [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Adoption of A Resolution amending Resolution 68-19 Mason County Personnel Policy to amend Chapter 4.2 Hours of Work&Overtime, Chapter 4.3 Compensatory Time, Chapter 5.5 Salary for Exempt Employees, Chapter 13 Vehicle Use Policy, add Chapter 5.10 Uniform Allowance and effective December 31, 2019 rename Chapter 7.9 Shared Leave Program to WA Paid Family and Medical Leave. Background: Chapter 4.2 Hours of Work &Overtime and Chapter 5.5 Salary for Exempt Employees both address exempt employees who are absent from work shall use paid leave time or have their salaries reduced for their absences. Chapter 4.3 Compensatory Time adds language to clarify the payment of compensatory time upon transferring to a new department or from non-exempt to exempt status. Chapter 5.10 Uniform Allowance adds language to authorize a uniform allowance compensation for Non-Represented employees. Chapter 7.9 renames the Chapter to WA Paid Family &Medical Leave to incorporate RCW 50A.04 and removes the Shared Leave Program effective December 31, 2019. WA Paid Family& Medical Leave will provide employees with additional benefits for time off work for a serious injury or medical condition for both themselves and/or their family member. Chapter 13 Vehicle Use clarifies the role of the risk manager and budget manager for oversight of the take-home vehicle portion of the Chapter. RECOMMENDED ACTION: Adoption of A Resolution amending Resolution 68-19 Mason County Personnel Policy to amend Chapter 4.2 Hours of Work &Overtime, Chapter 4.3 Compensatory Time, Chapter 5.5 Salary for Exempt Employees, Chapter 13 Vehicle Use Policy, add Chapter 5.10 Uniform Allowance and effective December 31, 2019 rename Chapter 7.9 Shared Leave Program to WA Paid Family and Medical Leave. Attachment: Resolution & Personnel Policy (Attachment A) on file with Clerk of the Board. RESOLUTION NO. A RESOLUTION AMENDING RESOLUTION 68-19 MASON COUNTY PERSONNEL POLICY AMENDING CHAPTER 4.2 HOURS OF WORK &OVERTIME, CHAPTER 4.3 COMPENSATORY TIME, CHAPTER 5.5 SALARY FOR EXEMPT EMPLOYEES, CHAPTER 13 VEHICLE USE POLICY, ADDING CHAPTER 5.10 UNIFORM ALLOWANCE, AND RENAME CHAPTER 7.9 SHARED LEAVE PROGRAM TO 7.9 WASHINGTON PAID FAMILY & MEDICAL LEAVE WHEREAS, it is the responsibility of the Board of Mason County Commissioners for the coordination of county administrative programs, which is accomplished through the adoption of the Personnel Policy; and WHEREAS, it is necessary and appropriate to add language to the Personnel Policy to outline exempt employees who are absent from work shall use paid leave time or have their salaries reduced; and WHEREAS, it is necessary and appropriate to add language to the Personnel Policy to clarify the process and procedure for payment of compensatory time upon transferring to a new department or from non-exempt to exempt status; and WHEREAS, it is necessary. and appropriate to add a uniform allowance compensation for Non-Represented employees following Chapter 49.12.450 RCW; and WHEREAS, the Board of Mason County Commissioners intends to remove the Shared Leave Program effective December 31, 2019 and replace it with language in compliance with the Washington Paid Family and Medical Leave, Chapter 50A.04 RCW; and WHEREAS, it is necessary and appropriate to update the vehicle use policy to correctly identify the risk management and budget manager's duties in the section. NOW, THEREFORE, BE IT RESOLVED, the Board of Mason County Commissioners hereby amends Resolution 68-19, Mason County Personnel Policy amending Chapter 4.2 Hours of Work & Overtime, Chapter 4.3 Compensatory Time, Chapter 5.5 Salary for Exempt Employees, Chapter 13 Vehicle Use Policy, adds Chapter 5.10 Uniform Allowance, and renames Chapter 7.9 Shared Leave Program, to Washington Paid Family & Medical Leave and intends to remove the Shared Leave Program effective December 31, 2019 as outlined in Attachment A. This resolution shall become effective immediately upon its passage. ADOPTED THIS 3rd day of September, 2019. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: Kevin Shutty, Chair Melissa Drewry, Clerk of the Board Randy Neatherlin, Commissioner APPROVED AS TO FORM Sharon Trask, Commissioner Timothy Whitehead, Deputy Prosecuting Attorney C: Elected Officials&Department Heads CO&�r 1854 MASON COUNTY PERSONNEL POLICIES Revised September 3, 2019 - RESOLUTION No. MASON COUNTY PERSONNEL POLICIES ADOPTION CHRONOLOGY Original Adoption--RESOLUTION No. 148-99, December 21, 1999 Revised Chapter 6.3--RESOLUTION No. 63-00, July 5, 2000 Add Chapter 5.8--RESOLUTION No. 7-01, January 23, 2001 Revised Chapter 5.6—RESOLUTION No. 93-01, August 28, 2001 Revised Chapter 4.6 and 7.11—RESOLUTION No. 37-14, July 8, 2014 Revised Chapter 5.3-RESOLUTION No. 71-15, December 22, 2015 Revised Chapter 8.3 - RESOLUTION No. 27-16, May 24, 2o16 Added Chapter 15.1-15.4 - RESOLUTION No. 56-16, September 20, 2o16 Revised Chapter 4.5 - RESOLUTION No. 7o-16, October 18, 2o16 Added Chapter 16.1-16.7 - RESOLUTION No. 102-16, December 20, 2016 Revised Chapter 13 - RESOLUTION No. 19-17, April 11, 2017 Revised Chapter 7 &13 - RESOLUTION No. 04-18, February 6, 2o18 Added Chapter 2.3 - RESOLUTION No. 22-18, April 3, 2o18 Revised Chapter 14.5 &Added Chapter 14.6 - RESOLUTION No. 68-19, July 23, 2019 Revised Chapter 4.2, 4.3, 5.5, 5.10, 7.9, and 13 - RESOLUTION No. , September 3, 2019 Mason County Personnel Policies Page ii Table of Contents CHAPTER1 — PURPOSE AND SCOPE........................................................................................................... 1 1.1 INTRODUCTION ........................................................................................................................1 1.2 INTENT OF POLICIES................................................................................................................. 1.3 SCOPE OF POLICIES..................................................................................................................1 1.4 CHANGING THESE POLICIES.....................................................................................................i 1.5 DEFINITIONS.............................................................................................................................z CHAPTER i—GENERAL POLICIES AND PRACTICES................................................................................... 3 2.1 EMPLOYEE PERSONNEL RECORDS..........................................................................................3 2.2 EMPLOYMENT REFERENCES....................................................................................................3 2.3 EMPLOYEE BADGE POLICY.......................................................................................................3 CHAPTER 3— RECRUITING AND HIRING .................................................................................................... 6 3.1 RECRUITING.............................................................................................................................6 3.2 HIRING......................................................................................................................................6 3.3 EXTRA HELP EMPLOYEES.........................................................................................................7 3.4 EMPLOYMENT OF RELATIVES (NEPOTISM)............................................................................7 3.5 PROMOTIONS.......................................................................................................................... 8 CHAPTER 4-HOURS AND ATTENDANCE.................................................................................................. 9 4.1 WORKING HOURS....................................................................................................................9 4.2 HOURS OF WORK AND OVERTIME......................................................................................... 9 4.3 COMPENSATORY TIME...........................................................................................................10 4.4 ATTENDANCE...........................................................................................................................11 4.5 UNUSUAL WEATHER CONDITIONS/EXTREME CIRCUMSTANCES.........................................11 4.6 BREAKS AND MEALTIME.......................................................................................................13 4.7 CALLBACK...............................................................................................................................16 4.8 PAYROLL RECORDS................................................................................................................16 CHAPTER 5-COMPENSATION................................................................................................................. 17 5.1 SALARY CLASSIFICATION AND GRADES................................................................................17 5.2 EMPLOYEE PAY RATES...........................................................................................................17 5.3 RECLASSIFICATION.................................................................................................................18 5.4 PAYDAYS.................................................................................................................................19 5.5 DEDUCTIONS...........................................................................................................................19 Mason County Personnel Policies Page iii 5.6 TRAVEL EXPENSE REIMBURSEMENT................................................................................... 20 5.7 COMPENSATION UPON TERMINATION................................................................................23 5.8 RECRUITING EXPENSES..........................................................................................................23 CHAPTER6— BENEFITS............................................................................................................................. 24 6.1 RETIREMENT BENEFITS......................................................................................................... 26 6.2 WORKERS COMPENSATION.................................................................................................. 26 6.3 HEALTH INSURANCE BENEFITS.............................................................................................27 6.4 CONTINUATION OF INSURANCE COVERAGE........................................................................27 6.5 UNEMPLOYMENT COMPENSATION..................................................................................... 28 CHAPTER7— LEAVES................................................................................................................................. 29 7.1 VACATION LEAVE................................................................................................................... 29 7.2 SICK LEAVE.............................................................................................................................30 7.3 LEAVE WITHOUT PAY............................................................................................................39 7.4 JURY AND WITNESS LEAVE...................................................................................................40 7.5 ADMINISTRATIVE LEAVE.......................................................................................................40 7.6 MILITARY LEAVE....................................................................................................................40 7.7 FAMILY LEAVE.........................................................................................................................41 7.8 BEREAVEMENT LEAVE........................................................................................................... 43 7.9 SHARED LEAVE PROGRAM.................................................................................................... 43 7.10 HOLIDAYS...............................................................................................................................46 7.11 HOLIDAYS FOR REASONS OF FAITH OR CONSCIENCE........................................................ 47 7.12 BENEFITS FOR PART-TIME AND EXTRA HELP EMPLOYEES.................................................48 CHAPTER 8— EMPLOYEE RESPONSIBILITIES AND CONDUCT................................................................ 49 8.1 GENERAL CODE OF CONDUCT..............................................................................................49 8.2 OUTSIDE EMPLOYMENT AND CONFLICTS OF INTEREST....................................................49 8.3 REPORTING IMPROPER GOVERNMENTAL ACTION............................................................. 50 8.4 POLITICAL ACTIVITIES ............................................................................................................52 8.5 NO SMOKING POLICY.............................................................................................................53 8.6 PERSONAL POSSESSIONS AND ELECTRONIC COMMUNICATIONS.................................... 54 8.7 USE OF COUNTY EQUIPMENT............................................................................................... 54 8.8 BULLETIN BOARDS.................................................................................................................55 8.9 CONTACT WITH THE NEWS MEDIA........................................................................................55 Mason County Personnel Policies Page iv 8.10 SOLICITATIONS.......................................................................................................................55 8.11 SAFETY.....................................................................................................................................55 8.12 SUBSTANCE ABUSE............................................................................................................... 56 8.13 USING POSITION FOR PERSONAL GAIN................................................................................57 CHAPTER 9- LAYOFF AND RESIGNATION............................................................................................... 58 9.1 LAYOFF................................................................................................................................... 58 9.2 RESIGNATION......................................................................................................................... 58 CHAPTER 10—COMPLAINT PROCEDURES............................................................................................... 59 10.1 COMPLAINT PROCEDURES................................................................................................... 59 CHAPTER 11 —EDUCATIONAL ASSISTANCE.............................................................................................. 60 11.1 INTRODUCTION .....................................................................................................................60 11.2 OBJECTIVE..............................................................................................................................60 11.3 PROCEDURES:........................................................................................................................60 CHAPTER 12— NON- DISCRIMINATION & HARASSMENT POLICY........................................................... 62 12.1 PURPOSE................................................................................................................................ 62 12.2 NONDISCRIMINATION........................................................................................................... 62 12.3 POLICY.................................................................................................................................... 62 12.4 EQUAL OPPORTUNITY FOR PERSONS WITH DISABILITIES ................................................ 63 12.5 EMPLOYEE RESPONSIBILITIES..............................................................................................64 12.6 SUPERVISOR/MANAGER RESPONSIBILITIES......................................................................64 12.7 COUNTY RESPONSIBILITIES..................................................................................................64 12.8 COMPLAINT PROCEDURE..................................................................................................... 65 INTERNAL DISCRIMINATION COMPLAINT FORM............................................................................... 67 CHAPTER 13—VEHICLE USE POLICY......................................................................................................... 68 13.1 VEHICLE USE AND SCOPE......................................................................................................68 13.2 VEHICLE USE POLICY DEFINITIONS......................................................................................68 13.3 ASSIGNMENT OF COUNTY VEHICLES FOR TAKE-HOME and OPERATIONAL CONSIDERATIONS....70 13.4 QUALIFIED NON-PERSONAL USE VEHICLES(as of 12131/16)............................................... 70 13.5 EMERGENCY RESPONSES.......................................................................................................71 13.6 SPECIAL EQUIPMENT VEHICLES ............................................................................................72 13.7 ECONOMIC BENEFITTO THE COUNTY..................................................................................72 13.8 TEMPORARY TAKE-HOME VEHICLE ASSIGNMENT...............................................................72 Mason County Personnel Policies Page v 13.9 BOARD OF COUNTY COMMISSIONERS RESPONSIBILITIES.................................................73 13.10 RISK BUDGET MANAGEMENT RESPONSIBILITIES................................................................73 13.11 DEPARTMENT HEADS AND ELECTED OFFICIALS RESPONSIBILITIES..................................73 13.12 SHERIFF'S OFFICE RESPONSIBILITIES .................................................................................. 74 13.13 EMPLOYEE'S RESPONSIBILITIES............................................................................................75 13.14 FINANCIAL SERVICES— PAYROLL RESPONSIBILITIES..........................................................75 13.15 DRIVERS LICENSEAND INSURANCE REQUIREMENTS........................................................75 13.16 USE OF PERSONAL VEHICLES FOR COUNTY BUSINESS...................................................... 76 13.17 USE OF COUNTY VEHICLES FOR PERSONAL BUSINESS.......................................................77 13.18 INCIDENTAL TRAVEL AND STOPS..........................................................................................77 13.19 POLITICAL USE OF COUNTY VEHICLES..................................................................................77 13.20 USE OF COUNTY VEHICLES BY OTHER INDIVIDUALS...........................................................77 13.21 PERMITTED AND PROHIBITED USES OF COUNTY AND PERSONAL VEHICLES FOR COUNTY BUSINESS............................................................................................................................... 78 13.22 VEHICLE USE AGREEMENT(VUA)- REQUEST FOR DRIVING RECORD...............................79 13.23 DRIVER DISQUALIFICATION AND REVIEW...........................................................................80 13.24 ACCIDENTS AND CITATIONS.................................................................................................80 13.25 COMMERCIAL DRIVER LICENSE.............................................................................................81 13.26 COUNTY VEHICLE RELATED PURCHASES..............................................................................81 13.27 VEHICLES FUEL POLICIES AND FUEL CREDIT CARD USES....................................................81 13.28 REPAIRS AND PREVENTATIVE MAINTENANCE.................................................................... 82 13.29 GENERAL MOTOR VEHICLE SAFETY..................................................................................... 82 13.30 SAFETY................................................................................................... 75 CHAPTER 14- ELECTRONIC INFORMATION ACCEPTABLE USE POLICY .................................................84 14.1 ELECTRONIC INFORMATION POLICY...................................................................................84 14.2 ELECTRONIC INFORMATION POLICY DEFINITIONS ............................................................84 14.3 ROLES AND RESPONSIBILITIES.............................................................................................84 14.4 EQUIPMENTAND PROGRAMS.............................................................................................. 85 14.5 E-MAILAND VOICE MAIL(Electronic Communications)..................................................... 85 14.6 INTERNET ACCESS .................................................................................................................86 14.7 GENERALLY PROHIBITIED USES OF INFORMATION RESOURCES......................................89 14.8 MONITORING,AUDITING AND INSPECTION........................................................................90 Mason County Personnel Policies Page vi CHAPTER15—SOCIAL MEDIA POLICY...................................................................................................... 91 15.1 SOCIAL MEDIA POLICY...........................................................................................................91 15.2 BLOGGING POLICY................................................................................................................. 95 15.3 FACEBOOK STANDARDS POLICY..........................................................................................98 15.4 TWITTER STANDARDS POLICY.............................................................................................100 CHAPTER 16—CELLULAR TELEPHONE POLICY...................................................................................... 102 16.1 CELLULAR TELEPHONE POLICY DEFINITIONS....................................................................102 16.2 COUNTY OWNED CELLULAR PHONES.................................................................................102 16.3 USE OF CELLUALR PHONES.................................................................................................103 16.4 PERSONAL USE OF CELLULAR PHONES..............................................................................103 16.5 TERMINATION OF USE OF COUNTY OWNED CELLULAR PHONES....................................103 16.6 RECORDS RETENTION OF CELL PHONE RECORD..............................................................103 16.7 SERVICE BILLING...................................................................................................................104 Mason County Personnel Policies Page vii 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. As such, we hope they will help you understand how the County operates and what is expected of you as an employee. These policies also describe what the County provides you in terms of compensation and benefits. The County places a high value on our employees and their wellbeing. We want you to be a satisfied worker. We also want to provide the support necessary to achieve the objectives of your position, and to help you assist your department and the County to achieve their objectives. In this manner, your contribution to the County organization and the citizens of Mason County will be most productive. It is our belief that when consistent personnel policies are known and communicated to all, the opportunities for greater job satisfaction increase. We encourage you to read these policies. If you have questions, please contact your supervisor, Department Head or Elected Official. If you have ideas or suggestions, please do the same. 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 we hope that your employment relationship with us will be long term, we recognize that jobs do not always work out as hoped, and either of us may decide to terminate the employment relationship. Unless specific rights are granted to you 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. Please understand that no supervisor, manager or other representative of the County other than the Board of County Commissioners, or the Elected Official in the case of his/her employee, has the authority to enter into any agreement with you for employment for any specified period or to make written or verbal commitments contrary to the foregoing. 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 Mason County Personnel Policies Page 1 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 Support Services Director 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. 1.5 DEFINITIONS Department Head:An employee who reports directly to the Board of County Commissioners and who is responsible for directing one or more departments. Regular Full-Time Employee:An employee who holds a budgeted position and who regularly works a minimum of forty(4o) hours a week. Regular Part-Time Employee:An employee who holds a budgeted position and who regularly works less than forty(4o) hours a week. Extra Help Employee:An employee who holds a job of limited duration due to special projects, seasonal or abnormal workloads, the absence of a regular employee or emergencies. Mason County Personnel Policies Page 2 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 he/she works. 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 his/her personnel file. If the County denies the employee's request to remove the information, employees 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 REFERENCES Only the Elected Official or Department Head is authorized to provide employment references on current or former County employees. Other employees shall refer requests for references to the appropriate Elected Official or Department Head. References will be limited to verification of employment and salary unless the employee has completed a written waiver and release. Standardized release forms are available at 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 said badge by employees while at work or when representing Mason County in any official capacity in an effort to provide a safe and secure workplace for all employees. 2.3.1 Policy Statement All employees will be issued and must wear and visibly display photo identification badges as provided by Mason County. Identification badges must be worn in a manner that allows the identification of an employee by photo, first and last names, department, position, and unique identifying number. Mason County Personnel Policies Page 3 2.3.2 Definitions Employee: For the purpose of this policy, staff member 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, position and a unique identifying number. Official Capacity: Includes any time while on County property as well as any business where the employee is representing the County. This also includes wearing the ID badge while operating any vehicle owned or leased by the County. 2.3.3 Requirements • Because the policy and procedures described herein are intended to provide for the safety and security of County employees, all employees are expected to fully comply with all provisions of this policy. • The Human Resources Department will provide all new staff members a copy of this policy at the time of new employee orientation. • All employees are required to wear the ID badge at County work areas during official capacity. I D 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 carry the ID badge at all times during work hours or when acting in an official capacity. It can be placed in a pocket or wallet. • The I D badge is to be worn between the shoulders and waist on a clip or lanyard. The County will provide a clip or lanyard for each employee to wear the I D badge.The I D badge shall not be defaced or altered with pins, stickers, decals, etc. • 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 the lost or damaged ID badge to the Division of Emergency Management. 2.3.4 Procedure • All employees of Mason County will be issued photo identification upon completion of the ID Badge Request Form (Attachment A). • All new employees will have their ID badges made by Mason County Division of Emergency Management (DEM) by appointment after completing all required new employee training(First-Aid/CPR, CORE Training, ICS 100 &700...). • Employees will be issued one ID badge. • 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 Mason County Personnel Policies Page 4 will need to be completed along with the required proof of ICS training if not previously done. • Supervisors shall report lost or damaged ID badges to Mason County Division of Emergency Management. Damaged ID badges shall be returned to DEM. A reprint of the original ID badge will be done and sent to the department supervisor. • Any lost ID badge that is found should be turned in to Mason County Division of Emergency Management, loo W. Public Works Dr., Shelton. • Upon termination of employment or retirement, an employee must turn in their ID badge to their supervisor. The supervisor is then required to send the ID badge to Mason County Division of Emergency Management. • An employee placed on paid/unpaid administrative leave or who is out for an extended period of time on Federal Medical Leave, must turn in their ID badge to their supervisor pending return to work. 2.3.5 Identification Holder Responsibilities • Do not lend your ID badge to anyone. • Do not leave ID badge on dash of vehicle or other locations where exposed to extreme temperatures or theft. • Do not fold, bend, or mutilate your ID badge. • Use your ID badge for official Mason County business only. • Do not leave your ID badge unattended. • Immediately notify your supervisor if your ID badge is lost or missing. RESOLUTION 22-18,4/08 ILMason County Personnel Policies Page 5 CHAPTER 3 RECRUITING AND HIRING 3.1 RECRUITING Recruiting practices are conducted solely on the basis of ability, merit, qualifications and competence without regard to race, color, religion, national origin, sex, marital status, pregnancy, disability, or age. Each applicant shall complete and sign an application form prior to being considered for any position. Resumes may supplement, but not replace the County's official application. Any applicant supplying false or misleading information may be disqualified from the hiring process, or terminated, if hired. 3.2 HIRING When a position becomes vacant and 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 submit a request to fill the position to the Board of County Commissioners. The position will be posted and/or advertised only after the Board of County Commissioners has approved the request. 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. The County may also conduct certain background procedures as required by law. Examples of such procedures include: requiring applicants/employees to show proof they are authorized to work in the United States and requiring applicants/employees who have unsupervised access to children to complete a disclosure statement. Residency within the County shall not be a condition of initial appointment or continued employment; provided that an employee's selection of residence shall not interfere with the daily performance of his/her duties and responsibilities. Applicants for positions in which the applicant is expected 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 with the County in positions requiring driving. After an 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 Mason County Personnel Policies Page 6 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 the test reveals use of alcohol and/or controlled substances (other than legally prescribed medications), or if the candidate refuses to be tested. 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 work load 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. Compensation/Benefits: Extra help employees are eligible for overtime pay as required by law. Extra help employees normally do not receive retirement, vacation, sick leave, health insurance, holidays or any other benefits during their employment. 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 (see 7.12). 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, parent, child, grandchild, brother, sister, father-in-law, mother-in-law, brother-in-law, sister- in-law, son- in-law and daughter-in-law. Mason County Personnel Policies Page 7 Change in Circumstances: If two employees marry, or become related, 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 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, or become related. 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 general public, the Support Services Director 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. All openings will be posted on the bulletin boards where notices for employees are customarily posted. Employees must meet the qualifications for the vacant position to be considered for promotion. Mason County Personnel Policies Page 8 CHAPTER 4 HOURS AND ATTENDANCE 4.1 WORKING HOURS The County's normal work week is Monday through Friday from 8:0o a.m. to 5:00 p.m. with a one-hour unpaid lunch period. Due to the nature of the County's operations, longer hours may be necessary in some instances. A normal working schedule for regular, full-time employees consists of forty (40) hours each work week. 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 his/her specific working hours. Part-time and extra help employees will work hours as specified by their Elected Official or Department Head. 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. You will be informed of your 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 on forms supplied by the County. Such forms shall be signed by the employee and their supervisor. Employees failing to accurately record time worked and leave taken are subject to discipline. Non-exempt employees are entitled to additional compensation, either in cash or compensatory time off, when they work more than the maximum numbers of hours during a work period. All overtime must be authorized in advance by the employee's supervisor. Overtime pay is calculated at one and one-half times the employee's regular rate of pay for all time worked beyond the established work period. When computing overtime, time paid for but not worked (e.g., holidays, sick leave and vacation time), is not counted as hours worked. Exempt employees are not covered by the FLSA or Washington Minimum Wage Act overtime provisions and do not receive either overtime pay or compensatory time in lieu of overtime pay. Exempt employees who are absent from work shall use paid leave time or have their salaries reduced for the following types of absences: Mason County Personnel Policies Page 9 1. FMLA leave; i. Participation in political activity' 3. Outside employment, subject to approval; or 4. Other activities that would be in violation of the Conflict of Interest Policy if conducted during regular work hours. 5. A Partial-day of absence of four hours or more (half the employee's regular workday for an employee working less than a full FTE). 4.3 COMPENSATORY TIME Non-exempt employees entitled to overtime pay may request compensatory time off instead of cash payment.This is approved on a case-by-case basis by the supervisor.The County is not required to grant compensatory time instead of overtime pay. If the compensatory time option is exercised, the employee is credited with one and one-half times the hours worked as overtime. Maximum accruals of compensatory 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. Employees may use compensatory time within a reasonable time period after making a request to their supervisor, unless doing so would unduly disrupt County operations. Compensatory time should be used for short term absences from work during times mutually agreed to by the employee and his/her supervisor. Unused compensatory time is nontransferable. When an employee is transferring from one department to another and has a balance of unused compensatory time, the employee is encouraged to use their compensatory time before the effective date of transfer. When this is not possible, the transferring employee shall receive payment in full for the accrued compensatory time from the employee's former department. Payout for compensatory 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 through either promotion or reclassification are encouraged to use their compensatory, 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 compensatory, 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 compensatory time is not eligible for a payout payment plan. Mason County Personnel Policies Page 10 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 his/her employees. Employees unable to work or unable to report to work on time should notify their supervisor as soon as possible, ordinarily before the work day begins or within thirty(30) minutes of 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 his/her supervisor. If the supervisor is unavailable, the employee may leave a message with the Elected Official/Department Head or his/her designated representative, stating the reason for being late or unable to report for work. 4.5 UNUSUAL WEATHER CONDITIONS/EXTREME CIRCUMSTANCES 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 their 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, compensatory 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 or total power outages, one or more County work locations may not be suitable for employees to safely or effectively perform their jobs. 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 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, compensatory 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 Mason County Personnel Policies Page 11 available. If no Board member is available the decision of the Elected Official or Department Head shall be final. Such decision shall include consideration of the expected duration of the condition, safety issues affecting employees or the public and alternative work locations. 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 5:0o a.m. the Public Works Director or designee calls the Commission Chair to advise them of road conditions throughout the county and latest weather forecast and makes recommendation regarding suspending standard operations. 4. The Chair shall decide that: a. 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 io:oo 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. 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 6:0o a.m. the Chair calls Support Services staff to update the County closure information message number(360-427-967o ext. 678) with information regarding the Mason County Personnel Policies Page 12 duration of the suspension. Support Services will contact the media and the Emergency Management/Information Technology Manager or designee. 7. The Emergency Management/Information Technolgy Manager or designee shall update the County website with the closure information and broadcast an AlertSense 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 message. RESOLUTION o6-13 2/12/13, updated RESOLUTION 7o-i6—10/i8/i6 4.6 BREAKS AND MEAL TIME 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 department workload. Meal periods are unpaid and usually one hour in length. Lunch periods and breaks shall not be combined and they may not be used to shorten an employee's workday. BREAK TIME FOR NURSING MOTHERS PROVISION: 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, 201o). This policy applies to all Mason County employees. 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 6. Employee Notification i. Reasonable Amount of Time to Express Milk or Breastfeed (Lactation Time) Managers must provide an employee a reasonable amount of time to express milk or breastfeed their infants during the workday. The frequency of breaks and the duration may Mason County Personnel Policies Page 13 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 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 in excess of that regularly scheduled on a temporary basis during the breastfeeding experience. Managers and employees will discuss requested accommodations 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 employee the flexibility to come in early or stay late, or use a portion of their lunch period, to make up time). 2. 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: • private (window coverings are required); • secure (lockable from the inside, if possible); • accommodating(comfortable seating, a table, and power outlets); • reasonably close to the employee's work area; • provided with a sign to designate the space is in use. Although not required, when possible, the lactation room should also: • Be near a sink with hot water and soap for hand washing and equipment cleaning. • 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: {Mason County website link} If no lactation room or other suitable space is available, contact Human Resources for additional assistance or questions at extension 268. 3. Employee Responsibilities Mason County Personnel Policies Page 14 Any necessary equipment (breast pump, storage containers, etc.) should be securely stored at the employee's workstation or at another 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. Education and Support Employees have access to additional support and education for breastfeeding through the following resources. • Health insurance benefits may cover breastfeeding-related resources and services. Contact your specific health insurance provider to inquire about resources available. • Contact a Mason County Public Health Nurse at x400 for additional resource information. 5.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 for doing so. In addition, Mason County does not tolerate discrimination, harassment or retaliation. Such 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, any other member of management within the agency, or to Human Resources. 6. Employee Notification • Human Resources shall notify all employees of Mason County's Breastfeeding Accommodation Policy and Procedures upon adoption. • Employees will receive a copy of the Breastfeeding Accommodation Policy and Procedures during New Employee Orientation. • 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 child birth or maternity leave. [PER RESOLUTION 37-14 -7/81141 Mason County Personnel Policies Page 15 4.7 CALLBACK 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). 4.8 PAYROLL RECORDS The 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 compensatory time taken for each employee. Each Department Head shall submit monthly, a signed statement noting regular hours worked and leave taken to the Board of County Commissioners at the Department Head's first briefing on the following month. Mason County Personnel Policies Page 16 CHAPTER 5 COMPENSATION 5.1 SALARY CLASSIFICATION AND GRADES Each regular job title within the County 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. 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 Support Services 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 is either 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 of time or until the employee's job performance is satisfactory. 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. 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. Any current employee who accepts a position in another county office or department(that is, 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 Mason County Personnel Policies Page 17 be placed on the step which results it a 5% increase over the employee's current salary. In the event that 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- o6, 6/2o/o6] Upon the request of the Elected Official or Department Head and approval of the Support Services Director, a promoted employee may be placed in a step higher than that specified above. If the Support Services Director does not concur in a request for advanced step placement for a newly hired or promoted employee, the Elected Official or Department Head may appeal that decision to the Personnel Review Committee. The Personnel Review Committee is a three (3) member panel consisting of a County Commissioner, an Elected Official and a Department Head. The Board of County Commissioners appoints the members of the Personnel Review Committee. 5.3 RECLASSIFICATION A reclassification is a change in the allocation of a position from its current job classification to a different job classification as a result 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. An employee may request reclassification by submitting a written request, which includes a justification, to their Elected Official or Department Head. The Elected Official or Department Head shall respond to the employee in writing within thirty(30)working days. An Elected Official/Department Head may request reclassification of a position by submitting a written request with justification and a revised Job Description to the Human Resources. Human Resources shall respond to the request in writing within thirty(30)working days of receipt of the request. If approved or denied by Human Resources, the request may then be submitted to the Board of County Commissioners, with written justification from the Elected Official/Department Head for their review. The Board of County Commissioners shall respond to the request in writing within thirty(30) working days of their receipt of the request. If approved by the Board, the reclassification shall be effective as of the date of Board's action or other effective date as may be set by the Board in such action. If the Board denies the request, the matter is closed. Mason County Personnel Policies Page 18 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. [PER RESOLUTION 71-15 -12/22/151 5.4 PAYDAYS County employees are paid semi-monthly on the loth 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 deposit on Friday. If a regularly scheduled payday falls on a holiday, payroll will be a direct deposit on the last regular work day prior to the holiday. [PER RESOLUTION o4-o8, 1/8/o8] 5.5 SALARY FOR EXEMPT EMPLOYEES The County shall pay exempt employees on a salary basis. The appointing authority shall deduct leave or reduce pay for an exempt employee who is absent from work for the following types of absences: 1. FMLA leave; 2. Participation in political activity; 3. Outside employment, subject to approval; or 4. Other activities that would be in violation of the Conflict of Interest Policy if conducted during regular work hours; 5. A Partial-day of absence of four hours or more (half the employee's regular workday for an employee working less than a full FTE). 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 will be deducted from future pay on a reasonable basis unless excused by the Board of County Commissioners. [PER RESOLUTION 150-07,11/27/12] Mason County Personnel Policies Page 19 5.7 TRAVEL EXPENSE REIMBURSEMENT Mason County recognizes that out 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. 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 actually 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 employees 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 Mason County Personnel Policies Page 20 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. 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 area and meal on those rate maps. Per diem will be reduced for any meals provided through conference registration, seminars or similar events. Reimbursement will not be made if the employee chooses not to eat the meal provided and eats elsewhere. Single Day Per Diem (meal reimbursement): Single day per diem occurs when no overnight stay is required. Single day meal reimbursements are considered to be 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. Per Diem (meal reimbursement)while in overnight travel status: If an overnight stay is required, per diem will be based on either OFM (in state) or GSA(out of state) 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). Three Hour Rule for per diem (meal reimbursement): 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. 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 Mason County Personnel Policies Page 21 working extended hours and 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 names of all employees/volunteers involved, must be provided.All receipts and pertinent information involving the emergency situation 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. 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, of the closer of either the traveler's official residence or official work station. 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 an 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). 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 from ER&R as much as possible. All county vehicles shall be used in accordance with Mason County ER&R 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 Mason County Personnel Policies Page 22 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 what 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. [PER RESOLUTION 82-12,11/27/12] 5.8 COMPENSATION UPON TERMINATION When an employee's 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, compensatory time and, for eligible employees, accrued but unused sick leave. 4. A lump sum payment for accrued but unused sick leave for eligible employees hired prior to April 13, 2010 (see Chapter 7.2 for eligibility requirements) [PER RESOLUTION 23-10,4/13/101 Terminating 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 $1o,000 or more, the scheduled payments must be $500 or more per month and the employee must agree to conditions established by the county. [PER RESOLUTION 95-04, 10/26/041 5.9 RECRUITING EXPENSES 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 to Shelton for personal interviews. Expenses will be limited to transportation, lodging and meals.The transportation reimbursement shall be limited to Mason County Personnel Policies Page 23 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. Such expenses shall be approved by the Board of County Commissioners in advance. At the discretion of the Board of County Commissioners and with their approval in advance, 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 of moving expenses the new employee must agree in writing to refund to the County such moving expenses if they voluntarily terminate their employment within one year of their hire date. 5.10 UNIFORM ALLOWANCE Compensation for required employee work apparel shall be based on RCW 49.12,450, which obligates the employer to furnish or compensate an employee for apparel required during work hours, if it is a uniform. 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; 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 Mason County Personnel Policies Page 24 permitted to require an employee to obtain two sets of wearing 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 his or her employees during a two-year period of time, 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-year time period 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-year time period 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. Mason County Personnel Policies Page 25 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 work days 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, he/she is 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, he/she may request use of vacation leave. Coordination of Benefits: When the employee receives Workers' Compensation benefits, he/she is 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 Mason County Personnel Policies Page 26 prompt and regular payment during periods of injury or disability caused by a work related injury so long as accrued leave is available, while ensuring that no employee receives more than he/she 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 he/she 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(8o) 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 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 stated in Section 1.4 of these policies. The employee may continue health care benefits by self-paying insurance premiums for the remainder of the time he/she receives Workers Compensation benefits. COBRA Rights: 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 Mason County Personnel Policies Page 27 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 the employee or his/her 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. Termination, Retirement, Leave of Absence: 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(8o) 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. Mason County Personnel Policies Page 28 CHAPTER 7 LEAVES 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 years 12 days per year 4-7 years 15 days per year 8-9 years 18 days per year 10-11 years 20 days per year 12-14 years 22 days per year 15-16 years 23 days per year 17-19 years 24 days per year 20 or more years 25 days per year All new employees must satisfactorily complete their trial 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. Regular full-time employees must work, or be in a paid status, at least eighty (8o) 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(8o) hours as their regular hours are to full-time employment to accrue vacation for that the month. [PER RESOLUTION 95-04,10/26/041 The first day of the month of hire shall be the effective date of subsequent increases in the vacation accrual rate for employees hired between the first and the fifteenth of the month. The first day of the month following the month of hire shall be the effective date of subsequent increases in the vacation accrual rate for employees hired between the sixteenth and the last day of the month. 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 number of vacation days which may be accrued is fifty(5o) days. Any vacation days earned beyond fifty(5o) days shall be forfeited. Employees will be paid for unused vacation time upon termination of employment, except in the case of termination during the first six months of employment. Employees who resign their position to assume an Elected Office will be paid for unused vacation time upon termination of employment. Mason County Personnel Policies Page 29 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 • 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 • 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 90 days after their hire date. • Per RCW 3.34-loo district judges shall be granted sick leave in the same manner as other county employees. 7.2.2 Exempt from Eligibility(RCW 49.46.01 0) • Elected Officials • 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.). • Individuals whose duties require that he or she reside or sleep at the place of his or her employment or who otherwise spends a substantial portion of his or her 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.) • Any resident or inmate of the county correctional, detention, treatment or rehabilitative institution. 7.2.3 Leave Accrual All employees shall accrue Washington paid sick leave (WPSL) at the rate of one hour(1) per 4o hours worked, beginning from their date of hire. 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 also accrue Mason County sick leave (MCSL) in addition to the Washington paid sick leave. MCSL for all regular part-time employees will be pro-rated based on their full time equivalency (FTE) percentage. Mason County Personnel Policies Page 30 The combined total of Washington paid sick leave and Mason County sick leave for all regular and part-time regular exempt positions, and those in non-represented positions, shall not exceed 8 hours in any given month. Employees in regular and part-time regular exempt positions, and those in non-represented positions, shall accrue additional sick leave in accordance with the following schedule: POLICYWPSL SICK LEAVE-INITIATIVE 1433(EFF 1/1/18) MCSL-EXISTING LEAVE ' Difference of Hours Per Year amount earned on (Based on FTE, WPSL— Approx. Hours all non-exempt Approximately 4 Per Month Hours Per Year employees hours a month. ! (Total of WPSL& (FTE=96,all receive (Pro-rated for MCSL is 8 hours others pro rated) #of Hours #of Hours of additional hours Regular PT per month for Worked WPSL for OT) Employees) FTE) 40 1 52 44 8 96 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 Any Washington paid sick leave that is accumulated during the accrual year, but unused as of December 15 in any year, shall be carried over to the succeeding year up to the following maximums: • For part-time (less than 8o hours a month), non-regular positions, 4o hours of will carry over to the succeeding year. • Employees in regular exempt, part-time regular exempt positions and non- represented employees will carry over a maximum of 15o days (1,2oo hours). • 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: a) 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. Mason County Personnel Policies Page 31 b) 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. c) A spouse; d) A registered domestic partner; e) A grandparent; f) A grandchild; g) A sibling; or h) 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: a) Personal mental or physical illness, injury, physical disability or health condition and/or preventative care such as a medical, dental or optical appointment; b) Care of a family member with an illness, injury, health condition and/or preventative care such as a medical, dental, or optical appointment; c) Employees must make a reasonable effort to schedule such appointments at times, which have the least interference with the workday; d) 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; e) 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 FM LA.The employee shall complete and submit FMLA paperwork to Human Resources within fifteen (15) days, as required by law,for any qualified event; f) 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; g) 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 Section 7.8, Bereavement Leave, in 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 Section 7.7, Family Leave in the Personnel Policy; h) Use of a prescription drugs which impairs job performance or safety; i) Actual periods of temporary disability related to pregnancy or childbirth as outlined in Section 7.7 Family Leave; Mason County Personnel Policies Page 32 j) To attend the birth of and/or to care for a newborn child of an employee as outlined in Section 7.7 Family Leave; k) 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; and 1) 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: • 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 in, any civil or criminal legal proceeding related to or derived from domestic violence, sexual assault or stalking; • Seeking treatment by a health care provider for physical or mental injuries caused by domestic violence, sexual, assault, or stalking; • Attending health care treatment for a victim who is a member of the employee's family. • 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; • 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 • 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. • 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.o8o 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. Mason County Personnel Policies Page 33 7.2.8 Increments of Use for Paid Sick Leave Employees may use paid sick leave in to 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 yourself 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. If an employee's absence is foreseeable, the employee must provide notice at least io 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. If an employee's absence is unforeseeable, the employee must contact their Elected Official, Department Head or immediate supervisor as soon as possible. • If the need for paid sick leave is unforeseeable, and arises before the required start of the employee's shift, notice should be provided no later than one (1) hour before the employee's required start time. • 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. • If possible, the notification should include the expected duration of the absence. • 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. An employee must give advance oral or written notice to their immediate supervisor as soon as possible for the foreseeable use of paid sick leave to address issues related to the employee or the employee's family member being a victim of domestic violence, sexual assault or stalking. If an employee is unable to give advance notice because of an emergent or unforeseen circumstance related to the employee or the employee's family member being a victim of domestic violence, sexual assault or stalking, the employee or a designee must give oral or Mason County Personnel Policies Page 34 written notice to their immediate supervisor no later than the end of the first day that the employee takes such leave. 7.2.11 Verification for Absences Exceeding Three Days Employee's 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. a) 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 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 • 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. b) 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 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; • A police report indicating that the employee or a member of the employee's family was a victim of domestic violence; • 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; • A court order of protection; • 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: 1) An advocate for victims of domestic violence, sexual assault, or stalking; 2) An attorney; 3) A member of the clergy; or 4) A medical professional. Mason County Personnel Policies Page 35 c) When an employee is absent due to the closure of a school or a place of care, attended by the employee's child, by a public official due to health-related reasons: • A copy of the notice received by the employee regarding the closure. Verification must be provided within ten (1o) calendar days of the first day that paid sick leave is used to care for either the employee or a family member. 7.2.12 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 (1o) calendar days allotted to provide the verification. Indicate that your absence is for an authorized purpose and explain why verification would result in an unreasonable burden or expense for you. • If an employee chooses to put this in writing: o You can complete the "Employee Verification of Authorized Use of Paid Sick Leave" Form. This may be delivered to Human Resources at 4�3 N. 5th Street, Shelton, WA 98584 or emailed to humanresources@co.mason.wa.us Within ten (1o) 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. • Company-provided transportation to the employee's doctor; • Sharing the cost of getting a note from a medical provider; or • 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 in excess of ten (1o) 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. Mason County Personnel Policies Page 36 7.2.13 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. 7.2.14 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 in 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 in excess of l00% of their regular straight-time income for the same period of time. 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 his/her disability leave. Once the employee elects to use paid sick leave to supplement his/her earnings, the employee may not reverse the election. An employee may not elect use only a portion of his/her accrued sick leave. Employees who elect to use his/her 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 his/her 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. 7.2.15 Shared Leave Washington paid sick leave shall not be used in a shared leave program. Employees OR FegulaF status pesitiens aFe eligible for a shared leave preffam, in aEEeFdanEe CelleEtive BaFgaining AgFeements. All do atiens for shaFed leave-sh shall be used the Mason County Personnel Policies Page 37 7.2.16 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 1,20o 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 his/her 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. 5. Per RCW 3.34.10o 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. 7.2.17 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 above in Section 7.2.13 Sick Leave Cash-out In the event any employee terminates his/her position with Mason County and returns within 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 4o hours, the employee forfeits any unused balance greater than the maximum amount of 4o 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. Mason County Personnel Policies Page 38 7.2.18 Reinstatement of Employment If an employee leaves employment and is rehired within 12 months of separation, any accrued, unused Washington paid sick leave up to 4o hours will be reinstated to the employee's accrued leave bank. Employees in part-time, non-regular positions who are rehired within 12 months of separation, will not be required to wait go 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 go-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 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. 7.2.19 Payroll Employees will be notified of their paid sick leave balance each month on their pay stub. This information will include: • Washington paid sick leave & Mason County sick leave accrued since the last notification; • Washington paid sick leave & Mason County sick leave used since the last notification; and • Current balances of Washington paid sick leave & Mason County sick leave available for use. 7.2.2o 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 they are being discriminated or retaliated against, the employee may contact the Support Services Director. If an employee is not satisfied with the response that they receive from the Support Services 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 Mason County Personnel Policies Page 39 leave or if other leave balances are exhausted. 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(go) 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 who have completed their trial period receive paid jury duty leave each time they are called for jury service. Payment provided by the courts during periods of paid jury duty leave must be paid over to the County, excluding expense reimbursements, such as mileage. You must provide your supervisor with a copy of the jury duty summons as soon as possible after receiving it. Upon completion of jury duty, you are required to provide your supervisor with proof of jury service. Employees who have been released by the court during their period of jury duty service may be required to report to work. Witness Duty. All employees summoned to testify in court are allowed time off for the period they serve as witnesses. If you are paid by the County for time you are testifying, payment provided by the courts during periods of paid witness duty must be paid over to the County, excluding expense reimbursements, such as mileage. In general, witness duty leave is paid unless you are a party in the case. 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 of time. Administrative leave may be used in the best interests of the County(as determined by the Board) during the pendency of an investigation or other administrative proceeding. 7.6 MILITARY LEAVE 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 15 working days per year for military service. In general, if military service extends beyond 15 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. You are required to provide your supervisor with copies of your 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. Mason County Personnel Policies Page 40 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. This means that, in cases where the law grants you more leave than County leave policies provide, the County will give you the leave required by law. Family Leave Eligibility:The FMLA provides up to 12 weeks of unpaid,job-protected leave every 12 months to eligible male and female employees for certain family and medical reasons. To be eligible you must have worked for the County for at least one year, and for 1,25o hours over the previous 12 months. Reasons for Taking Leave: Unpaid FMLA leave is granted for any of the following reasons: • To care for your child afterbirth or placement for adoption or foster case. • To care for your spouse, son, daughter or parent who has a serious health condition. • For a serious health condition that makes you unable to perform the essential functions of your job. Leave to care for a child afterbirth or placement for adoption or foster care must be concluded within 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 your normal weekly or daily work schedule. Substitution of Paid Leave: At your request or the County's, certain kinds 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 you to use that paid leave. If you have any sick leave available that may be used for the kind of FMLA leave you are taking, it is the County's policy that you must use that paid sick leave as part of your FMLA leave. Use of vacation time for FMLA leave, however, is at your option. If you use paid leave for a purpose for which FMLA leave would be available, it is the County's policy to designate your paid leave as counting against your FMLA leave allowance. You are required to notify us if you use paid leave for a reason covered by the FMLA so that we may properly account for the leave. Advance Notice and Medical Certifications: The County requires that you provide us with advance leave notice, with medical certification, of the need for a leave related to a health Mason County Personnel Policies Page 41 condition, and with medical certification of your fitness to return to duty after medical leave. Taking leave, or reinstatement after leave, may be denied if these requirements are not met. You must give us at least 3o days' advance notice of your request for leave if the reason for the leave is foreseeable based on an expected birth, placement for adoption or foster care, or planned medical treatment. If 3o days' notice is not practicable, you must give us notice as soon as practicable, usually within one or two business days of when the need for leave becomes known to you. If you do not give us 3o days' advance notice , and if the need for the leave and the approximate date of the leave were clearly foreseeable by you, we may deny your request for leave until at least 3o days after the date you give us notice. We require that you provide a medical certification to support a request for leave because of a serious health condition (your own or your child's, spouse's or parent's)whenever the leave is expected to extend beyond five consecutive working days or will involve intermittent or part-time leave.We may require second or third opinions, at our option, at our expense. We may require that you provide a medical certification of your fitness for duty to return to work after a medical leave. Periodic Reporting: If you take leave for more than two weeks, we may require that you report to us at least every two weeks on your status and intent to return to work. Health Insurance: If you are covered by our group health plan (medical, dental or vision), we will continue to provide paid health insurance during FMLA leave on the same basis as during regular employment. But if you don't return to work after the leave, you will be required to pay us back for our portion of the insurance premiums unless your failure to return was beyond your control. Other Insurance: If you are covered by other insurance plans through us, such as life insurance, those coverages will continue during paid leave on the same basis as during regular employment. If you take unpaid FMLA leave, you will be responsible during the leave for the premiums you normally pay plus the premiums we normally pay for you. If you don't pay these premiums, we may choose to pay them for you, to keep your coverage from lapsing, but you will be responsible for repaying us whether or not you return to work. Couples Employed by Us: If both you and your spouse work for us and you 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 you as a couple for those purposes is 12 weeks. Mason County Personnel Policies Page 42 Determining Leave Availability: FMLA leave is available for up to iz 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 you use any FMLA leave. Leave Related to Pregnancy. If you take leave for the disability phase of pregnancy or childbirth while you are physically unable to work, this time is counted against your annual 12-week FMLA leave allowance. For example, if you take six weeks of FMLA leave for childbirth and recovery from childbirth, you are entitled to only six weeks of FMLA leave after that to care for your new child. You are entitled to unpaid leave for the full period of your physical disability resulting from pregnancy and childbirth, even if you are disabled for more than 12 weeks, and even if you don't qualify for leave under the federal law. 7.8 BEREAVEMENT LEAVE We provide regular,full-time and part-time employees with paid bereavement leave for up to three (3) days in the event of the death of an immediate family member. Two additional days chargeable to accrued sick leave will be granted at the request of the employee. Immediate family for purposes of bereavement leave includes only the employee's spouse, parent, grandparent, child, grandchild, sister, brother, grandmother-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 SHARED LEAVE VE PROGRAM Washington Paid Family& Medical Leave 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. The Human ResoUFEes Manager -[PER -RESOLUTION 58 , illness,te donate theiF aEffued vaEation OF SiEk leave to another County employee whe is suffeFing take leave without pay eF tO terminate his/her empleyment.The felleWiRg Eenditiens apply: i. TE) be eligible te denate YaEatien leave, the employee whe denates leave must hav,e rMOFethan rten (io) days of aEEFued Icavc-inn n�event shall ra-leave fe-FourI�i days. Te be eligible to denate SiEk leave, the employee whe denates leaye must have mere than thirty(30) days of leave. in ne event shall a leave tFansfeF Fesult in the dLvOF eplieyee `duEing hiu/he�F Sid( leave bala. Ee to less than +hi-+. (3e) days. Mason County Personnel Policies Page 43 TFansfeF of letive-v ill be m-rnEFements f. ne day of leave. All denatiens of I.,aye aFe f+ri Ctly v eluntaFy leave,2. The employee FeEeiving donated leave shall have exhausted all his/her aEEumulated leave time. Donated YaEatien leave shall be EenveFted to SiEk leave fer the FeEipient. tFeatment/ iR FespeEt te salarybenefits,and as the empleyee would etheFWise n Th + f f leave and the aFneunt of I.,aye shall be authorized by the d Bear �v in � ^LidvanEe•. 5. Ne employee shall FeEeive rnOFe than 26e days ef donated leave during thelf empleyrnent with the Ceunty. Paid Family and Medical Leave Overview: Paid Family and Medical Leave, RCW 5oA.04 is a mandatory statewide insurance program that will provide almost every Washington employee with paid time off to give or receive care. If you qualify, this program will allow you to take up to 12 weeks, as needed, if you: • Welcome a child into your family(through birth, adoption or foster placement) • Experience a serious illness or injury • Need to care for a seriously ill or injured relative • 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/whdfsz8mc.pdf If you face multiple events in a year, you might be eligible to receive up to 16 weeks, and up to 18 weeks if you experience a serious health condition during pregnancy that results in incapacity. Payment of Premiums: The program is funded by premiums paid by both employees and employers. It will be administered by the Employment Security Department (ESD). Premium collection started on Jan. 1, 2019. In 2019, the premium is 0.4 percent 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 Mason County Personnel Policies Page 44 withhold up to about 63 percent of the total premium, or$2.44 per week for an employee making$50,00o annually. The employer is responsible for paying the other 37 percent. Businesses with fewer than 5o 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. Your employer will calculate and withhold premiums from your paycheck and send both your share and theirs to ESD on a quarterly basis. Washington Paid Family& Medical Leave Coordinated with Other Leaves: Employees who have accrued vacation, sick or other paid time off may choose to take such leave or receive paid family and medical leave benefits, as provided for in RCW 5oA.04.020. An employee receiving Washington Paid Family and Medical Leave payments during a family and/or medical related leave shall use only the number of leave hours that, together with the Washington Paid Family& Medical Leave benefits payments, represents the employee's normal pay for the same period. Financial Services "Payroll" will calculate use of paid leave hours on a retroactive basis back to the first day in which the employee was off work. In no- event oevent shall the accumulation of leave and Washington Paid Family& Medical Leave income result in any employee receiving income in excess of l00%of their regular straight-time income for-the same-period of time. If the employee elects to use paid leave to supplement the employee's earnings, the employee must notify Human Resources at the start of his/her Washington Paid Family& Medical Leave. Once the employee elects to use paid leave to supplement his/her earnings, the employee may not reverse the election. An employee may not elect to use only a portion of his/her accrued leave. Employees who elect to use his/her accrued leave to supplement their wage while on family and/or medical leave shall bring their Washington Paid Family& Medical Leave check in to their department payroll to purchase back all or a portion of his/her leave hours used and paid to the employee during the family and/or medical leave. 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 Washington Paid Family & Medical Leave payment SHALL remit the Washington Paid Family& Medical Leave payment to the county. In the event an employee does not submit, the Washington Paid Family& Medical Leave payment to the county may be subject to disciplinary action for misuses, falsifying, or abusing leave. Mason County Personnel Policies Page 45 Taking Leave: Starting Jan. 1, 202o, employees who have worked 82o hours in the qualifying period (equal to 16 hours a week for a year)will be able to apply to take paid medical leave or paid family leave. The 82o 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 82-o hours, including part-time, seasonal and temporary work. While on leave, you are entitled to partial wage replacement.That means you will receive a portion of your average weekly pay.The benefit is generally up to go percent of your weekly wage, with a minimum of$loo per week and a maximum of$1,000 per week. You will be paid by the Employment Security Department rather than your 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. More information on applying for benefits will come in 2019. Please go to paidleave.wa.gov for more information. Leave Protection: Employees who return from leave under this law will be restored to a same or equivalent job if they work for an employer with 50 or more employees, have worked for this employer for at least 12 months, and have worked 1,25o hours in the 12 months before taking leave (about 24 hours per week, on average). You can keep your health insurance while on leave. If you contribute to the cost of your health insurance, you must continue to pay your portion of the premium cost while on leave. Your employer is prohibited from discriminating or retaliating against you for requesting or taking paid leave. 7.10 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 Mason County Personnel Policies Page 46 President's Day 3rd Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day ist Monday in September Veteran's Day November 11 Thanksgiving Day 4th Thursday in November Day after Thanksgiving Day after Thanksgiving Christmas Day December 25 (i) Floating Holidays As scheduled with supervisor Any holiday falling on Saturday will be celebrated on the preceding Friday. Any holiday falling on Sunday will be celebrated on the following Monday. [PER RESOLUTION o6-oz,1/2i/oz.] Floating holidays must be used by the end of the calendar year or they will be forfeited. 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 will be paid at their regular straight-time rate for hours worked on a holiday. 7.11 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). The employee may select the days on which the he or she desires to take 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 customary process in which to request approval and scheduling of 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. [PER RESOLUTION 37-14,7/o8/14 ] Mason County Personnel Policies Page 47 7.12. 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 leaves, including holidays, are pro-rated. Pro-rated means the ratio between the number of hours in the employee's normal work schedule and [forty (4o) hours] per week. Regular part-time employees working three-quarter time or more shall receive the same insurance premium contribution as regular full-time employees. Regular part-time employees working between eighty(8o) hours per month and three- quarter time shall receive one-half 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. Mason County Personnel Policies Page 48 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, 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, we may ask you to perform seemingly "menial" duties outside your regular assignments. It is no reflection on your worth to the County, but a necessary arrangement for most small organizations. To make the most efficient use of personnel, the County also reserves the right to change your work conditions and the duties originally assigned. If these arrangements become necessary, we expect your best cooperation. 8.2 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 his/her assigned County job. Examples include, but are not limited to, outside employment which: 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; z. 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 ILMason County Personnel Policies Page 49 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. 8.3 REPORTING IMPROPER GOVERNMENTAL ACTION General Policy: 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. Key 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 or not 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. 3. "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 Chapter 41.14 or 41.56 RCW. 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. Mason County Personnel Policies Page 50 Emergency:a circumstance that if not immediately changed may cause damage to persons or property. 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. z. The Board of County Commissioners or the Prosecuting Attorney, or their designee, shall respond to the report of improper government action, within thirty(3o) 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 his or her 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 this procedure: Procedure for Seeking Relief Against Retaliation: 1. Employees shall provide a written complaint to the Board of County Commissioners within thirty(3o) 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. Mason County Personnel Policies Page 51 2. The Board of County Commissioners or their designee shall respond in writing within thirty (3o) days of receipt of the written charge. 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. 5. 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. Policy Implementation:The Board of County Commissioners is 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. Prohibition on intimidation of whistleblower- Nondisclosure of protected information: County Elected Officials or employees may not use his or her 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 27-16, 5/24/2oi6] 8.4 POLITICAL ACTIVITIES County employees may participate in political or partisan activities of their choosing provided that 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. Mason County Personnel Policies Page 52 Any County employee who meets with or may be observed by the public or otherwise represents the County to the public, while performing his/her 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 for a partisan political cause. 8.5 NO SMOKING POLICY For health and safety considerations, the County prohibits smoking by employees on all County-owned, leased, or operated and all county property is designated as non-smoking. Smoking is prohibited in all buildings and vehicles owned or leased by the County are offices or other facilities rented or leased by the County. 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 the course of employment. Smoking: The term "smoking" is defined for the purpose of the No Smoking Policy, but not limited to; all smoking of cigarettes, pipes, cigars, chewing of tobacco, vaping and the use of e-cigarettes. 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; (i) 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. No smoking signs and removal of ashtrays:The department of Facilities, Parks &Trails shall post and maintain no-smoking signs in all public areas and county property as defined herein, and remove ashtrays from those public areas. Pursuant to RCW 70.16o.070 - Intentional Violators, any person intentionally violating this policy by smoking 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. Mason County Personnel Policies Page 53 All county employees shall be encouraged to help educate the public about the non-smoking policy by reminding violators not to smoke on the property and by adding the policy to all use agreements and event publications. Violators, who refuse to comply with the smoking policy, may be asked to leave the county property. The appropriate department director or elected official shall be 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 Chapter 70.16o Washington Clean Indoor Air Act, prohibiting smoking in all public places and places of employment. [PER ORDINANCE 91-o6, 8/22/2oo6] 8.6 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 otherwise may be subject to public disclosure. County electronic communications systems are not for personal use. (See RESOLUTION No. 129-04 attached as Appendix A for further information on the Mason County Electronic Information Acceptable Use Policy.) [PER RESOLUTION-130-04,12/21/20041 8.7 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, intruding 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. Mason County Personnel Policies Page 54 8.8 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. 8.9 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 of questions from the media. They may designate specific employees to give out procedural, factual or historical information on particular subjects. 8.10 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 us may not solicit, survey, petition, or distribute literature on our premises at any time.This includes persons 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 fund raising effort. i. 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 or during meal 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. 8.11 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 his/her Elected Official or Department Head. The County will make every effort to remedy problems as quickly as possible. Mason County Personnel Policies Page 55 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. In order 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 regimes possession of dangerous weapons. Employees should consult the County's Safety Policy and Accident Prevention Program for additional details concerning safety. 8.12 SUBSTANCE ABUSE The County's philosophy on substance abuse has two focuses: (1) a concern for the well- being of the employee and (z) 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 the EAP or Human Resources for more information. Employees who seek advice or treatment will not be subject to retaliation or discrimination. Substance Abuse Policy for Operators of Commercial Motor Vehicles: County employees who hold commercial driver's licenses ("CDLs") and who operate commercial motor vehicles 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; z. reasonable suspicion; 3. post-accident; 4. return to duty testing; 5. random testing. Mason County Personnel Policies Page 56 CDL holders who test positive must be removed from service and are subject to discipline, up to and including termination. CDL holders should consult the County's CDL policy 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 Work Place Policy for additional details on this subject 8.13 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 general public. Exception: Nominal value items ($1o.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. [PER RESOLUTION 95-04, 10/26/041 Mason County Personnel Policies Page 57 CHAPTER 9 LAYOFF AND RESIGNATION 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.This time limit may be waived by the employee's Elected Official or Department Head (if retiring see 6.1). Mason County Personnel Policies Page 58 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 try to resolve any problem or complaint with their supervisor. Step is 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 his/her 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 him/her, if possible. Step 3: If the employee is not satisfied with the response in Step i above, the employee may submit the problem, in writing, to the Board of County Commissioners or their designee. The written complaint must contain, at a minimum: 1. A description of the problem; z. A specific policy or procedure which the employee believes has been violated or misapplied; 3. The date of the circumstances leading to the complaint or the date when the employee first became aware of those circumstances; 4. The remedy sought by the employee to resolve the complaint. The written complaint must be filed within ten (10) working days of receiving a response from Step i above. The Board of County Commissioners or their designee may meet with the parties, either individually or together, and will usually respond in writing to the aggrieved employee 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, if any, and this complaint process. 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. Mason County Personnel Policies Page 59 CHAPTER 11 EDUCATIONAL ASSISTANCE 11.1 INTRODUCTION If budgetary considerations permit, Mason County may reimburse full-time regular employees for education costs for courses approved by the respective Elected Official or Department Director. 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 in an effort to enhance current skills for the benefit of the County and the general 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. 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 Director is required prior to approval of the courses required in that course of study. Accordingly, the Elected Official or Department Director will review employee applications for educational assistance on a course-by-course basis. 3. All relevant bachelor's degrees and associate's degrees, assuming that the employee does not already have a bachelor's or associate's 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. 4. Certificates or continuing education units (CEU) required for continued certification may be reimbursed at loo percent. 5. A second degree directly relevant to the employee's current position as determined by the Elected Official or Department Director 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. Mason County Personnel Policies Page 60 6. 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 the purpose of this policy, paid status is defined as working the employee's regular schedule or on approved vacation leave. 7. 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. 8. Reimbursement will be up to the tuition rate at the University of Washington or Washington State University, whichever institution offers the course of instruction concerned. If both Universities offer the course of instruction, the reimbursement rate will up to the lower rate of the two universities. This rate will apply to courses of instruction at private universities, correspondence programs or other high cost programs. g. All required fees may be reimbursed at the designated approval percentage. Books, lab and building use fees will be reimbursed at 50 percent, regardless of the course of study. io. 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. Mason County Personnel Policies Page 61 CHAPTER 12 NON-DISCRIMINATION & HARASSMENT POLICY 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 access to County services and employment opportunities regardless of a person's sex, race, national origin, religion, age, disability, marital status, creed, political belief, sexual orientation,veteran's status,or any other protected status under federal or state statute.Additionally,the policy provides guidelines for identifying, reporting,and resolving claims of discrimination or related retaliation.This policy supersedes all previous non-discrimination and sexual harassment policies issued by Mason County. 12.2 NONDISCRIMINATION The Board of Mason County Commissioners shall demonstrate its commitment to non- discrimination and equal opportunity by making available this Non-Discrimination Policy to recruiting sources,organizations representing protected groups,vendors,suppliers, contractors,community-based organizations,service organizations,community leaders, secondary and postsecondary schools, and other governments.The policy will be distributed on a continuing basis as appropriate individuals and entities are identified. The County will incorporate appropriate non-discrimination language in all its contracts and collective bargaining agreements.The words "Equal Opportunity Employer"will be included on employment applications and recruitment materials. To further promote the Board of County Commissioners' commitment to non-discrimination, the County will conduct periodic meetings with executive, management, and supervisory personnel to explain the intent of the non-discrimination policies and to clarify management's responsibility for effective implementation. This Non-Discrimination Policy will be distributed and reviewed in new employee orientation sessions. 12.3 POLICY The County takes complaints of discrimination,harassment and retaliation seriously and will investigate and resolve such complaints in a timely manner. A. Discrimination. Mason County is committed to a workplace that is free from unlawful 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, and disability (known or perceived). Employees who engage in discrimination will be subject to disciplinary action, up to and including termination of employment. Mason County Personnel Policies Page 62 B. Harassment. Mason County prohibits harassment and is committed to providing a workplace that is free from such harassment. Harassment is a form of discrimination that is unwelcome verbal or physical conduct directed toward or relating to a person on the basis of 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 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. C. Sexual Harassment. Mason County prohibits sexual harassment, which is a type of harassment that consists of unwelcome verbal or physical conduct directed toward or relating to a person because of his or her 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,joking, 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. D. Retaliation. Mason County prohibits any 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 EQUAL OPPORTUNITY FOR PERSONS WITH DISABILITIES It is the policy of Mason County to guarantee equal opportunity to persons with disabilities to participate in and enjoy the benefits of County services, programs and activities, and to allow disabled employees a bias-free work environment.The County, upon request,will provide reasonable accommodation in compliance with the Americans with Disabilities Act (ADA)and the Americans with Disabilities Act Amendment Act(ADAAA). Mason County is committed to providing accessible facilities for public meetings and general public use. Services will be provided for County sponsored activities if such can be made available without undue hardship to the County. Upon receiving a request for services,the preference of the person with a disability will be given primary consideration. ILMason County Personnel Policies Page 63 Mason County is committed to providing equal opportunities for 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. Employment practices will be administered to allow a person with a disability to participate at the same level as a person without a disability. Mason County is committed to providing equal opportunity for persons with disabilities seeking employment with the County or appointment to County boards and commissions. Every reasonable effort will be made to create an accessible hiring or selection process and a working environment for board and commission members that will allow a person with a disability to participate at the same level as a person without a disability. Board and commission meetings will be held in accessible locations. 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 or elected official or to the County 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. 12.6 SUPERVISOR/MANAGER RESPONSIBILITIES When a supervisor, manager, department head or elected official suspects or has reason to believe that discriminatory behavior has occurred, he or she shall immediately notify the Manager 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 Mason County Personnel Policies Page 64 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 PROCEDURE Mason County is committed to maintaining a work environment free from bullying, discrimination,or sexual harassment.As such, Mason County shall strictly enforce this policy against unlawful discrimination,including sexual harassment,and encourages those who feel aggrieved to seek assistance as outlined in this policy. Persons 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 his/her immediate supervisor, his/her department official, or the Human Resources Department.Complaints should be submitted in writing using the Mason County Internal Discrimination Complaint Form,a copy of which must be submitted to the Human Resources Department. If the complaint is reported to the employee's supervisor or department official,that individual may investigate the complaint or may request that the Human Resources Department perform the investigation.Any person may file a complaint under this policy when the person believes: • He or she has been the target of discrimination or harassment(including bullying); • He or she has personal and first-hand knowledge of behavior believed to be in violation of this policy;or • He or she has been retaliated against for having reported behavior believed to be in violation of this policy. The complaint must be filed within 18o 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 18o 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. Mason County Personnel Policies Page 65 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. Mason County Personnel Policies Page 66 12.9 INTERNAL DISCRIMINATION COMPLAINT FORM Pursuant to Chapter 12 Non-Discrimination & Harassment Policy of the Mason County Personnel Policies, reports of discrimination and/or harassment may be reported to your department official/supervisor, to the Human Resources Department, or to the Prosecuting Attorney. Name and department of person filing complaint Work Phone Home Phone (optional) Home address City State Zip Name of the person(s)whom you feel violated the Non-Discrimination & Harassment policy: Department involved: Alleged violation related to: [ ] Employment [ ] Services Basis of alleged violation is: [ ] Race/Color [ ] Disability [ ] Marital Status [ ] Veteran's Status [ ] Age [ ] Religion [ ] National Origin [ ] Sex [ ] Creed [ ] Retaliation [ ] Sexual Orientation [ ] Ethnicity [ ] Harassment/Sexual Harassment Describe in detail the incidents or actions, including names, dates and times,that are believed to be in violation of this policy. Include the names and contact information of any individuals who may have witnessed this behavior. (Attach additional sheets as needed) By signing below, I declare under penalty of perjury of the laws of the State of Washington that the foregoing information is true and correct. Signature Date Printed Name Mason County Personnel Policies Page 67 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. z. 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. 5. 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 VEHICLE USE POLICY 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 vehicle 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, Mason County Personnel Policies Page 68 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 very unique functions other than transporting persons. The federal highway administration classifies and references some of 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 living 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 work-site and from the last work-site 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. Mason County Personnel Policies Page 69 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 FOR TAKE-HOME and OPERATIONAL CONSIDERATIONS PURPOSE and RESPONSIBILTY 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 wish to restrict the number of county-owned and leased vehicles used by employees to commute to and from work. This policy is applicable to all Mason County Departments and Elected Officials' Offices. AUTHORITY and REFERENCES 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(as of 12/31/16) (A)Clearly marked police, fire, and public safety officer vehicles (B)Ambulances used as such or hearses used as such (C) Any vehicle designed to carry cargo with a loaded gross vehicle weight over 14,000 pounds (D) Bucket trucks (cherry pickers) (E) Cement mixers Mason County Personnel Policies Page 70 (F) Combines (G)Cranes and derricks (H)Delivery trucks with seating only for the driver, or only for the driver plus a folding jump seat (1) Dump trucks (including garbage trucks) (J) Flatbed trucks (K) Forklifts (L) Passenger buses used as such with a capacity of at least 20 passengers (M)Qualified moving vans (N)Qualified specialized utility repair trucks (as defined in Publication 5137) (0)Refrigerated trucks (P) School buses (Q)Tractors and other special purpose farm vehicles (R) Unmarked vehicles used by law enforcement officers if the use is officially authorized (S) Pickup Trucks and Vans that meet the specifications as defined in Publication 15-B 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 z. 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. Mason County Personnel Policies Page 71 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 the 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. z. Employees must have primary responsibility to respond to emergencies. 3. 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 work station, shall not be included in the calculation of economic benefit to the county. z. 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. 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 is permitted when the following conditions exist: Mason County Personnel Policies Page 72 1. Inclement weather conditions: When employee is on-call and has primary responsibility to respond. 2. Emergency preparedness or seasonal assignment: County-owned or leased vehicle is 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 assignment 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 RISK BUDGET MANAGEMENT RESPONSIBILITIES Risk Budget Management shall be the department in charge of the following provisions: 1. Maintaining the listing of BOCC approved Take-Home vehicle assignments. z. 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 Risk 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 Risk-Budget Management for presentation to the BOCC. These forms should be submitted by September 3oth of each year or when a new Take-Home assignment is issued to Risk Budget Management. Each department and office shall maintain a list of authorized Take-Home Vehicles. This list shall include: 1. Employee name Mason County Personnel Policies Page 73 i. Rank or Title 3. Work location 4. Vehicle number 5. Vehicle type 6. County of residence 7. Miles outside the County, if applicable An updated list shall be transmitted to Risk Management by September 3oth each year or upon request by the Risk-Budget Manager. Apply the following standards and criteria for proposing all take-home assignments. 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 meet, 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 period 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 any and all emergencies. 13.12 SHERIFF'S OFFICE RESPONSIBILITIES The Sheriff or the Sheriff's designee shall: Prepare a Vehicle Take-Home Authorization Request Form and submit to Risk Budget Management for presentation to the BOCC. These forms should be submitted by Mason County Personnel Policies Page 74 September 3oth of each year or when a new Take-Home Vehicle assignment is issued to P sk Budget Management. Each Department shall maintain a list of authorized Take-Home Vehicles. This list shall include: 1. Employee name i. Rank or Title 3. Work location 4. Vehicle number 5. Vehicle type 6. County of residence 7. Miles outside the County, if applicable An updated list shall be transmitted to Risk Budget Management by September 3oth each year or upon request by the P44s -Budget Manager. Commissioned employees of the Sheriff's Office are exempt under IRS Publication 15-B Fringe Benefit, 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 monthly mileage report to R-isk Budget Management by the 5th working day of the month. Monthly mileage reports are required for all Take-Home assignments, with the exception of Commissioned Officers of the Sherriff. 13.14 FINANCIAL SERVICES- PAYROLL RESPONSIBILITIES Payroll will update fringe benefit data in the payroll system. [PER RESOLUTION 19-17, 04/11120171 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 Mason County Personnel Policies Page 75 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. i. 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 to their supervisor proof that they possess a valid motor vehicle operator's license, proof of current vehicle liability insurance and a current year Vehicle Use Agreement on file. 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. i. 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. Mason County Personnel Policies Page 76 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). IP8 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 1. 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 valid driver's license. 2. Interagency use of a county vehicle requires authorization from the county's ER&R Manager, department head or elected official. Use of a county vehicle under an interagency agreement is subject to the provisions mutually agreed upon by the agencies involved. Mason County Personnel Policies Page 77 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. i. 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: 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 causes or results in adverse side effects (e.g., drowsiness or impaired reflexes or reaction time). As described in Policy 8.12- 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) 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 Mason County Personnel Policies Page 78 written consent of the department head or elected official and the ER&R Manager. 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 the County Shop. The County Shop must evaluate hitches and lights. I. 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 who have 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. 13.22 VEHICLE USE AGREEMENT(VUA)- REQUEST FOR DRIVING RECORD 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), annually 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). z. 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. ILMason County Personnel Policies Page 79 b. All other employees who may drive a county vehicle ora 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. 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. Drivers must immediately inform their supervisor, department head, or elected official in writing if they become disqualified under this policy. 5. Any change in the status of an employee's driver record resulting in disqualification or the failure to report such change may result in revocation of the privilege to drive a county-owned/leased vehicle or a personal vehicle utilized for county business and/or disciplinary action up to and including termination. 6. 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. 7. 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 to operate 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 Risk Management Vehicle Accident Report form within the first business day following the accident. The report will be forwarded to Risk Management and ER&R Manager. A review by the Mason County Personnel Policies Page 80 department head or elected official may be convened to evaluate the accident depending on the severity. i. 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, or use their best judgment if outside of work hours. 13.27 VEHICLES FUEL POLICIES AND FUEL CREDIT CARD USES 1. County-owned fuel dispensers should be used 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. z. Public self-service, regular unleaded and diesel dispensers should be used if county fuel dispensers are not available. The most cost-effective vendor should be used whenever possible. Receipts must be submitted for reimbursement. 3. The use of premium grades of fuel is not authorized, unless required by the vehicle's owner's manual. Mason County Personnel Policies Page 81 13.28 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 the County Shop. 13.29 GENERAL MOTOR VEHICLE SAFETY 1. 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., Sheriffs vehicles, snow plows, 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. 2. 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 your immediate supervisor and the County Shop. 3. County departments may have additional requirements for the safe operation of motor vehicles and equipment. 13.30 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. 2. The county driver shall then immediately notify his/her 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. Mason County Personnel Policies Page 82 5. 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. This report form and the checklist form are provided by the risk manager. Mason County Personnel Policies Page 83 CHAPTER 14 ELECTRONIC INFORMATION ACCEPTABLE USE POLICY 14.1 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. 14.2 ELECTRONIC INFORMATION POLICY 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. 14.3 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. Mason County Personnel Policies Page 84 Board of County Commissioners shall approve the Acceptable Use Policy. Elected officials and Department Heads shall be responsible for the following: a. Informing their personnel of acceptable use policies and acceptable use of information resources. b. Ensuring that personnel under their supervision comply with these polices. c. Ensure the contract personnel under their supervision comply with these policies and procedures. 14.4 EQUIPMENT AND PROGRAMS 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. 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. 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 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. 14.5 E-MAIL AND VOICE MAIL(Electronic Communications) 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 considered to be in the possession and control of Mason County and shall be deemed public information, unless specifically protected by law. Prohibited Use: Prohibited activities when using government electronic mail shall include, but not be limited to, sending or arranging to receive the following: a. Information that violates county, state or federal laws and regulations. Mason County Personnel Policies Page 85 b. Any material that may defame, libel, abuse, tarnish, or portray in false light, the recipient, the sender, or any other person. c. Pornographic, racist, sexually oriented, offensive material, chain letters, unauthorized mass mailings, or malicious code. Encryption: Encrypting electronic mail, messages or data shall comply with the following: a. Use of encryption will be approved by the Commissioners. b. 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. c. Supply the key or other device needed to decrypt the electronic mail upon request by authorized management. d. Use of encryption without prior authorization will be considered violating this policy. 14.6 EMAIL MANAGEMENT Overview: 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: • Implementation of an email archiving solutions that provides central storage and access of e-mail messages that meet the definition of a public record. • Development of user procedures and guidelines. • 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 your department's records retention staff for assistance. Policy: 1. 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 Mason County Personnel Policies Page 86 record.The function/content of each e-mail message should be evaluated against the following criteria of a public record: • Was the email created in the course of 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? 2. 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 3. All email messages sent or received from a County email address will be retained for a minimum of go days by the County's email system. 4. Employees have go 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. 5. 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. 6. go days after the received date, e-mails will be purged from the County's email system (Outlook). E-mails in your 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. 7. In order 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. 8. The creation of new Microsoft Outlook Personal Storage Table (.pst)files is prohibited. Mason County Personnel Policies Page 87 Definitions& References: 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. Records Management Requirements: RCW 40.14 - Preservation and Destruction of Public Records http://apps.leg.wa.gov/rcw/default.aspx?cite=40.14 WAC 434-662-040 - PRESERVATION OF ELECTRONIC PUBLIC RECORDS Agency Duties and Responsibilities: http://apps.leg.wa.gov/WAC/default.aspx?cite=434-662-040 WAC 434-662-150 - Preservation of Electronic Public Records: Email Management http://apps.leg.wa.gov/WAC/default.aspx?cite=434-662-150 [PER RESOLUTION 68-i9, 07/23/2019] 14.7 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. 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 Mason County Personnel Policies Page 88 interfere with the government's ability to perform its mission. Elected officials and Department Heads shall determine when usage is acceptable for their employees. Prohibited Use: Prohibited activities when using the Internet include, but are not limited to, the following: a. Browsing explicit pornographic or hate-based web sites, hacker or cracker sites, or other sites that Mason County has determined to be off-limits. b. Posting, sending, or acquiring sexually explicit or sexually oriented material, hate- based material, hacker-related material, or other material determined to be off-limits. c. Posting or sending sensitive information without management authorization. d. 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 your County e-mail address. e. 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. f. Posting commercial announcements or advertising material. g. Promoting or maintaining a personal or private business. h. Receiving news feeds and push data updates, unless the material is required for government business. i. 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). j. Conducting fund-raising, endorsing any product or service, lobbying, or participating in any political or campaign activity. 14.8 GENERALLY PROHIBITIED USES OF INFORMATION RESOURCES Generally prohibited activities when using government information resources shall include, but are not limited to, the following: a. Stealing or copying of electronic files without permission. b. Violating copyright laws. This includes downloading copyright music or video files. c. Browsing the private files or accounts of others, except as provided by appropriate authority. d. Performing unofficial activities that may degrade the performance of systems or waste employee time, such as the playing of electronic games. Mason County Personnel Policies Page 89 e. 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. f. 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. g. Accessing the County network via modem or other remote access service without the approval of management. h. Promoting or maintaining a personal or private business, or using County information resources for personal gain. L Using someone else's logon ID and password. j. Disclosing any County information that is not otherwise public. 14.9 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. Mason County Personnel Policies Page 90 CHAPTER 15 -SOCIAL MEDIA POLICY 15.1 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 particular form of social media; rather social media in general, as advances in technology will occur and new tools will emerge. 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. 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." Page:The specific portion of a social media website where content is displayed, and managed by an individual or individuals with administrator rights. Post: Content an individual shares on a social media site or the act of publishing content on a site. Profile: Information that a user provides about himself or herself 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, Nixie), 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 z.o: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. Mason County Personnel Policies Page 91 2. The Mason County website (www.co.mason.wa.us)will remain the County's primary and predominant internet presences. A. The best, most appropriate Mason County uses of social media tools fall generally into two categories: L As channels for disseminating time-sensitive information as quickly as possible (example: emergency information). ii. As marketing/promotional channels which increase the County's ability to broadcast its messages to the widest possible audience. B. 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. C. 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. D. All Mason County social media sites shall comply with all appropriate Revised Code of Washington (RCW), Mason County policies and standards, including but not limited to: L Mason County Electronic Information Acceptable Use Policy (Revision F) ii. Mason County Blogging Policy iii. Mason County Electronic Communications Policy iv. Mason County Personnel Policy v. RCW 42.52 Ethics in Public Service vi. Mason County Social Media Standards for Facebook and Twitter vii. State of Washington public records laws 3. 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 and 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. 4. Washington state law and relevant Mason County records retention schedules apply to social media formats and social media content. Unless otherwise Mason County Personnel Policies Page 92 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. 5. 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: A. Comments not topically related to the particular social medium article being commented upon; B. Comments in support of or opposition to political campaigns, ballot measures or pending action items; C. Profane language or content; D. Content that promotes,fosters, or perpetuates discrimination on the basis of race, creed, color, age, religion, gender, marital status, status with regard to public assistance, national origin, physical or mental disability or sexual orientation; 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; or I. Content that violates a legal ownership interest of any other party. 6. 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. 7. 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. ILMason County Personnel Policies Page 93 8. Mason County personnel will approach the use of social media tools as consistently as possible, County Government wide. 9. Administration of Mason County's social media sites. A. The Mason County Information Services Department will maintain a list of social media tools which are approved for use by County departments and staff. B. 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.) C. Official Mason County logo must appear somewhere on the "cover page" of the social media site. D. 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 director. E. Mason County personnel shall observe and abide by all copyright, trademark, and service mark restrictions in posting materials to electronic media. lo. 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: A. Standards and processes for managing and administration of accounts B. Written operational and use guidelines C. Secured budgeting for the approved retention and archiving program 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 the Information Services Manager for review and processing for approval with the Board of County Commissioners. Mason County Personnel Policies Page 94 15.2 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. 1. Definitions: Blog: (an abridgment of the term web log) is Facebook or Twitter accounts/website with regular entries of commentary, descriptions of events, or other material such as graphics or video. Mason County blog author:An authorized Mason County employee/official that creates and is responsible for posted blog articles (see blog article below). 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 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. 2. All County blogs shall be: A. Approved by the Mason County department/office Elected Official and the Mason County Information Services Manager B. Published using the approved County blog sites(see Social Media Policy) C. Administered by the Mason County Information Technology Department (except Mason County Sheriff's Office). 3. All Mason County blogs shall adhere to the following Revised Codes of Washington and County policies: A. Mason County Electronic Information Acceptable Use Policy(Revision F) B. Mason County Electronic Communications Policy Mason County Personnel Policies Page 95 C. Mason County Personnel Policy D. RCW 42.52. Ethic in Public Service E. Mason County Facebook Standards F. Mason County Twitter Standards 4. 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 are 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) 5. 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. 6. 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. 7. Each County blog shall include an introductory statement which clearly specifies the purpose and topical scope of the blog. 8. County blog articles and comments containing any of the following forms of content shall not be allowed for posting: i. Comments not topically related to the particular blog article being commented upon; ii. Profane language or content; iii. Content that promotes,fosters, or perpetuates discrimination on the basis of race, creed, color, age, religion, gender, marital status, status with regard to public assistance, national origin, physical or mental disability or sexual orientation; iv. Comments that support or oppose political campaigns or ballot measures; v. Sexual content or links to sexual content; Mason County Personnel Policies Page 96 vi. Solicitations of commerce; vii. Conduct or encouragement of illegal activity; viii. Information that may tend to compromise the safety or security of the public or public systems; ix. Content that violates a legal ownership interest of any other party 9. Mason County blog moderators shall allow blog comments that are topically related to the particular blog article being commented and thus within the purpose of the limited public forum, with the exception of the prohibited content listed in Section 8 above. lo. 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. 11. 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. Author and Commenter Identification 1. All Mason County blog authors shall be clearly identified by entering their name at the end of the post. z. Public commenters shall be accompanied by valid contact information including the poster's Facebook or Twitter I.D. Anonymous posting shall not be allowed. 3. 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. Ownership and Moderation 1. The content of each Mason County blog shall be the sole responsibility of the department/office producing and using the blog. i. 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. Blog Comments& Responses 1. Whenever possible, all blog articles shall be reviewed and approved by an authorized blog moderator before posting on a Mason County blog. i. All blog articles submitted with attached content shall be scanned using antivirus technology prior to posting. Mason County Personnel Policies Page 97 3. 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." 15.3 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.co.mason.wa.us) 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. 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. Content 1. Type of 'pages' A. The County department will create "pages" in 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. Mason County Personnel Policies Page 98 3. Link to the Mason County Website A. Link to (www.co.mason.wa.us)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. 1. Departments will choose carefully with consideration for abbreviations, slang iterations, etc. i. The Division Director will approve proposed names. 5. Page Administrators 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. 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 represents the County at all times. 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 Mason County Personnel Policies Page 99 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 anytime 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 password will be kept by the assigned department communications officers, Division Director/ Elected Official, and Information Services. 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. 15.4 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 information directly to their Twitter followers, alerting them to news and directing them to the Mason County Website (www.co.mason.wa.us)for more information. These standards should be used in conjunction with the County's Social Media Policy. Content ,. 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. Information Service department will be provided logins, passwords and editing rights by the Division Director or Elected Official for emergency editing. Mason County Personnel Policies Page 100 z. 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.co.mason.wa.us 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 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 for 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. lo. 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. Archive 1. 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 to 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. Mason County Personnel Policies Page 101 CHAPTER 16 CELLULAR TELEPHONE POLICY SCOPE: This policy applies to all employees of Mason County, unless otherwise addressed by a current collective bargaining agreement or public safety policy. 16.1 CELLULAR TELEPHONE POLICY DEFINITIONS Cellular Telephones:This includes, but is not limited to: Mobile devices that can be used for phone calls and/or texting 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. 16.2 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. 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. Mason County Personnel Policies Page 102 16.3 USE OF CELLUALR 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 an 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. 16.4 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. 16.5 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. 16.6 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 the 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. Mason County Personnel Policies Page 103 16.7 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. Each County department/office will be responsible for yearly budgeting and pre-approve the payment of their individual monthly invoices by Support Services Budget Office form their budget for their cellular telephone usage billing. Mason County Personnel Policies Page 104 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Patricia Grover, Mason County Noxious Action Agenda _X Weed Control Board Coordinator Public Hearing Other DEPARTMENT: WSU Extension-Mason County EXT: 592 Noxious Weed Control Board COMMISSION MEETING DATE: September 3, 2019 Agenda Item # g (� Commissioner staff to complete) BRIEFING DATE: August 26, 2019 BRIEFING PRESENTED BY: Patricia Grover [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Modification No. 3 Participating Agreement No. 16-PA-11060900-006 between USDA Forest Service and Mason County Noxious Weed Control Board. Background: This modification adds $21,263.88 to the existing Financial Plan. Changes U.S. Forest Service Grants Management Specialist and updates email addresses. RECOMMENDED ACTION: Approval from Mason County Board of County Commissioners and Signature from Kevin Shutty, Chair Mason County Commissioner (2 original signatures required). Additional Budget Impacts: At this time there is no impact to the 2019 budget. Attachment(s): - Modification No 3 Participating Agreement No. 16PA-11060900-006 - Revised Financial Plan 8/27/2019 USDA Forest Service OMB 0596-0217 FS-1500-19 MODIFICATION OF GRANT OR AGREEMENT PAGE OF PAGES 1 3 1.U.S.FOREST SERVICE GRANT/AGREEMENT NUMBER: 2.RECIPIENT/COOPERATOR GRANT or 3.MODIFICATION NUMBER: 16-PA-11060900-006 AGREEMENT NUMBER,IF ANY: 03 4.NAME/ADDRESS OF U.S.FOREST SERVICE UNIT ADMINISTERING 5.NAME/ADDRESS OF U.S.FOREST SERVICE UNIT ADMINISTERING GRANT/AGREEMENT(unit name,street,city,state,and zip+4): PROJECT/ACTIVITY(unit name,street,city,state,and zip+4): Amy Verellen Susan Piper,Forest Wildlife Biologist and Terrestrial Grants Management Specialist Program Manager 215 Melody Lane Olympic National Forest Wenatchee, WA 98801 1835 Black Lake Blvd. SW Email: amy.verellen@usda.gov Olympia, WA 98512 Email: susan.piper@usda.gov 6.NAME/ADDRESS OF RECIPIENT/COOPERATOR(street,city,state,and zip+ 7.RECIPIENT/COOPERATOR'S HHS SUB ACCOUNT NUMBER(For HHS 4,county): payment use only): Patricia Grover Same Mason County Noxious Weed Control Board 303 N. 4t'Street Shelton, WA 98584 8.PURPOSE OF MODIFICATION CHECK ALL This modification is issued pursuant to the modification provision in the grant/agreement THAT APPLY: referenced in item no. 1, above. ❑ CHANGE IN PERFORMANCE PERIOD: ® CHANGE IN FUNDING:Additional funding in the amount of$21,263.88. ® ADMINISTRATIVE CHANGES:Change Grants Management Specialist from Sarah Russell to Amy Verellen.See box 4. ® OTHER(Specify type of modification):Update U.S.Forest Service email addresses for Susan Piper(see box 5) and Albuquerque Service Center(see box 9). Except as provided herein,all terms and conditions of the Grant/Agreement referenced in 1,above,remain unchanged and in full force and effect. 9.ADDITIONAL SPACE FOR DESCRIPTION OF MODIFICATION(add additional pages as needed): IV.THE U.S.FOREST SERVICE SHALL: A.PAYMENT/REIMBURSEMENT.The U.S.Forest Service shall reimburse the County for the U.S.Forest Service's share of actual expenses incurred,not to exceed$21,263.88,as shown in the Financial Plan.In order to approve a Request for Reimbursement,the U.S. Forest Service shall review such requests to ensure payments for reimbursement are in compliance and otherwise consistent with the terms of the agreement.The U.S.Forest Service shall make payment upon receipt of County's annual invoice.Each invoice from the County shall display the total project costs for the billing period,separated by U.S.Forest Service and the County's share.In-kind contributions must be displayed as a separate line item and must not be included in the total project costs available for reimbursement.The final invoice must display the County's full match towards the project,as shown in the financial plan,and be submitted no later than 90 days from the expiration date. Each invoice must include,at a minimum: 1. The County's name,address,and telephone number. 2. U.S.Forest Service agreement number. 3. Invoice date. 4. Performance dates of the work completed(start&end). 5. Total invoice amount for the billing period,separated by the U.S.Forest Service and the County share with in-kind contributions displayed as a separate line item. 6. Display all costs,both cumulative and for the billing period,by separate cost element as shown on the financial plan. 7. Cumulative amount of U.S.Forest Service payments to date. 8. Statement that the invoice is a request for payment by"reimbursement". 9. If using SF-270,a signature is required. USDA Forest Service OMB 0596-0217 FS-1500-19 IO.Invoice Number, if applicable. The invoice must be forwarded to: EMAIL:SM.FS.asc_ga@usda.gov usda.gov FAX: 877-6874894 POSTAL: USDA Forest Service Albuquerque Service Center Payments—Grants&Agreements 10113 Sun Ave NE Albuquerque,NM 87109 Send a copy to:Susan Piper(susan.piper@usda.gov) L. LIMITATION OF FUNDS. U.S. Forest Service funds in the amount of$21,263.88 and all remaining funds are currently available for performance of this instrument through September 30,2021.The U.S. Forest Service's obligation for performance of this instrument beyond is contingent upon the availability of appropriated funds from which payment can made.There is no legal liability on the part of the U.S.Forest Service for any payment may arise for performance under this instrument beyond this amount until the County receives notice of availability to be confirmed in a written modification by the U.S. Forest Service. 10.ATTACHED DOCUMENTATION (Check all that apple): Revised Scope of Work Revised Financial Plan Other: 11. SIGNATURES AUTHORIZED REPRESENTATIVE: BY SIGNATURE BELOW,THE SIGNING PARTIES CERTIFY THAT THEY ARE THE OFFICIAL REPRESENTATIVES OF THEIR RESPECTIVE PARTIES AND AUTHORIZEDTO ACT IN THEIR RESPECTIVE AREAS FOR MATTERS RELATED TO THE ABOVE-REFERENCED GRANT/AGREEMENT. I.A.MASON COUNTY SIGNATURE 11.13.DATE I I.C.U.S.FOREST SERVICE SIGNATURE 1 I.D.DATE SIGNED SIGNED (Signature of Signatory Official) (Signature of Signatory Official) I I.E.NAME(type or print):KEVIN SHUTTY I I.F.NAME(type or print):RETA LAFORD I I.G.TITLE(type or print):County Commissioner Chair 11.11.TITLE(type or print):Forest Supervisor, Olympic N.F. 12. G&A REVIEW '.A. The authorith and format of this modification#3(16-PA-11060900-006)have been reviewed and approved 12.B.DATE SIGNED for signature hN: e�l y�l AMY D. V RELLEN U.S.Forest Service Grants&Agreements Specialist Burden Statement According to the Paperwork Reduction Act of 1995,an agency may not conduct or sponsor,and a person is not required to respond to a collection of information unless it displays a valid OMB control number.The valid OMB control number for this information collection is 0596-0217.The time required to complete this information collection is estimated to average 30 minutes per response,including the time for reviewing instructions,searching existing data sources,gathering and maintaining the data needed.and completing and reviewing the collection of information The U.S.Department of Agriculture(USDA)prohibits discrimination in all its programs and activities on the basis of race,color,national origin,age,disability,and where applicable,sex,marital status,familial status,parental status,religion,sexual orientation,genetic information,political beliefs,reprisal,or because all or part of an individual's income is derived from any public S USDA Forest Service OMB 0596-0217 FS-1500-19 assistance.(Not all prohibited bases apply to all programs.)Persons with disabilities who require alternative means for communication of program information(Braille,large print,audiotape, etc.)should contact USDA's TARGET Center at 202-720-2600(voice and TDD). To file a complaint of discrimination,write USDA,Director,Office of Civil Rights,1400 Independence Avenue,SW,Washington,DC 20250-9410 or call toll free(866)632-9992(voice).TDD users can contact USDA through local relay or the Federal relay at(800)877-8339(TDD)or(866)377-8642(relay voice).USDA is an equal opportunity provider and employer. U.S. Forest Service OMB 0596-0217 FS-1500-17B USES Agreement No.: 16PA11060900006 Mod.No.. 3 Cooperator Agreement No.: Agreements Financial Plan (Short Form) Financial Plan Matrix: Note:All columns may not be used.Use depends on source and type of contribution(s). FOREST SERVICE CONTRIBUTIONS COOPERATOR CONTRIBUTIONS (a) (b) (c) (d) Cash COST ELEMENTS Noncash to Noncash In-Kind (e) Direct Costs Cooperator Total Salaries/Labor $3,622.70 $17,782.50 $4,923.65 $0.00 $26,328.85 Travel $0.00 $510.40 $280.00 $0.00 $790.40 Equipment $0.00 $0.00 $660.00 $0.00 $660.00 Supplies/Materials $0.00 $273.31 $350.00 $0.00 $623.31 Printing $0.00 $0.00 $0.00 $0.00 $0.00 Other $0.00 $0.00 $720.00 $0.00 $720.00 Other $0.00 Subtotal $3,622.70 $18,566.21 $6,933.65 $0.00 $29,122.56 Coop Indirect Costs $2,697.67 $1,007.46 $3,705.13 FS Overhead Costs $362271 1 1 836227 Total S '994.971 $21,263.881 S7,941.111 $0.00 Total Project Value: 533,189.96 Note: This Financial Plan may be used when: (1) No program income is expected and (2) The Cooperator is not giving cash to the FS and (3) There is no other Federal funding Matching Costs Determination Reimbursement Calculation Total Forest Service Share= (fl Forest Service reimbursement percent(as%of expenses directly incurred by the Cooperator--i.e.,Cooperator's (a+b)_(e)_(t) 76.07% non-cash contributions only that are subject to Forest Service reimbursement) (b)-(b+c)_(i) (i) 72.81% Total Cooperator Share (g) Cooperator non-cash contributions not reimbursed by Forest Service �) (c)-(b+c)=G) (c+d)+(e)_(g) 23.93% 27.19% Reimbursable Amount=Total actual cost incurred to date(sum of cost elements from the Cooperator's Total(f+g)_(h) (h) invoice as prescribed in agreement provision and multiplied by 100.00% 77- 72.81%1(i)minus any previous Forest Service payments,not to exceed the subtotal amount listed in column(b).) Page 1 WORKSHEET FOR FS Non-Cash Contribution Cost Analysis, Column a Salaries/Labor Standard Calculation Job Description ICost/Day #of Das ITotal Invasive Plant Program Coordinator $362.27 10.00 $3,622.70 Total Salaries/Labor $3,622.70 Travel Standard Calculation Travel Expense lEmployees Cost/Trip 1#of Trips I ITotal $0.00 Total Travel 1 $0.00 Equipment Standard Calculation Piece of Equipment 1#of Units ICost/Day 1#of Das I ITotal $0.00 Total Equipment $0.00 Supplies/Materials Standard Calculation Supplies/Materials 1#of Items Cost/Item ITotal $0.00 Total Supplies/Materials E $0.00 Printing Standard Calculation Paper Material 1#of Units Cost/Unit I ITotal Total Printing $0.00 Other Expenses Standard Calculation Item 1#of Units Cost/Unit I ITotal $0.00 Total Other $0.00 Subtotal Direct Costs $37622.70 Forest Service Overhead Costs Current Overhead Rate ISubtotal Direct Costs ITotal 10.00% $3,622.70 $362.27 Total FS Overhead Costs 1 1 $362.27 TOTAL COST $31984.97 WORKSHEET FOR FS Cash to the Cooperator Cost Analysis, Column b Salaries/Labor Standard Calculation Job Description Cost/Day 1#of Days I ITotal MCNWCB Coordinator $304.55 30.00 $9,136.50 Crewmember $172.92 50.00 $8,646.00 Total Salaries/Labor $17,782.50 Travel Non-Standard Calculation Travel to/from worksite 880 miles X 0.58/mile $510.40 Total Travel 1 $510.40 Supplies/Materials Standard Calculation Supplies/Materials 1#of Items Cost/Item ITotal PPE, herbicide, hand pruners, heavy garbage bags, etc. $273.31 Total Supplies/Materials I r $273.31 Other Expenses Standard Calculation Item 1#of Units Cost/Unit ITotal Total Other 1 $0.00 Subtotal Direct Costs $18,566.21 Cooperator Indirect Costs Current Overhead Rate ISubtotal Direct Costs I I ITotal 14.53% $18,566.21 $2,697.67 Total Coop. Indirect Costs $2,697.67 TOTAL COST $213263.88 WORKSHEET FOR Cooperator Non-Cash Contribution Cost Analysis, Column c Salaries/Labor Standard Calculation Job Description jCost/Day #of Das I ITotal MCNWCB Coordinator $304.55 10.00 $3,045.50 Office Manager $313.03 6.00 $1,878.15 Total Salaries/Labor $4,923.65 Travel Standard Calculation Travel Expense lEmployees Cost/Trip 1#of Trips I ITotal Vehicle Use/Mileage 1 $28.00 10.00 $280.00 Total Travel $280.00 Equipment Standard Calculation Piece of Equipment 1#of Units ICost/Day 1#of Das I ITotal Non-Standard Calculation Backpack Sprayers 3.00 $140.00 $420.00 Misc. Small tools 3.00 $80.00 $240.00 Total Equipment $660.00 Supplies/Materials Non-Standard Calculation PPE/Field Supplies - 1 st aid kits, vests, garbage bags, spill kit, safety glasses, weather equip, etc. $250.00 Office Supplies $100.00 Total Supplies/Materials j $350.00 Other Expenses Non-Standard Calculation Storage building - $60/month x 12 months $720.00 Total Other 1 $720.00 Subtotal Direct Costs $6,933.65 Cooperator Indirect Costs Current Overhead Rate Subtotal Direct Costs Total 14.53% $6,933.65 $1,007.46 Total Coop. Indirect Costs $1,007.46 TOTAL COST $73941 .11 C-1 Cr L, MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Jennifer Giraldes Action Agenda _X_ Public Hearing Other DEPARTMENT: Support Services EXT: 380 DATE: September 3, 2019 Agenda Item # (Commissioner staff to complete) BRIEFING DATE: BRIEFING PRESENTED BY: [X] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval of Warrants &Treasure Electronic Remittances Claims Clearing Fund Warrant #s 8066660-8066674 $ 43,587.62 Direct Deposit Fund Warrant #s 61442-61836 $ 749,108.78 Salary Clearing Fund Warrant #s 7004637-7004664 $ 534,101.35 Background: 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 4941Commissioners the approval of claims listing warrant numbers. Claims Clearing YTD Total $ 17,450,413.95 Direct Deposit YTD Total $ 11,058,629.82 Salary Clearing YTD Total $ 11,549,533.64 Approval of Treasure Electronic Remittances YTD Total $ 6,594,407.67 RECOMMENDED ACTION: Approval to: Move to approve the following warrants: Claims Clearing Fund Warrant #s 8066660-8066674 $ 43,587.62 Direct Deposit Fund Warrant #s 61442-61836 $ 749,108.78 Salary Clearing Fund Warrant #s 7004637-7004664 $ 534,101.35 Attachment(s): Originals on file with Auditor/Financial Services (Copies on file with Clerk of the Board) MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: David Windom Action Agenda _XX__ Public Hearing Other DEPARTMENT: Commissioners EXT: COMMISSION MEETING DATE: 3 September 2019 Agenda Item # 0 Commissioner staff to c tete BRIEFING DATE: 26 August 2019 BRIEFING PRESENTED BY: David Windom [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Contract between Mason County Public Health and Online RME EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): See also previous briefing. Staff and the Onsite Sewage Advisory Committee have mutually decided Mason County should proceed with changing providers for the Sewage System maintenance database. Currently this online database is provided by Carmody Inc., proposal is to change to Online RME. Online RME has been found it can provide the same level of service, but at a reduced cost to the county budget. In addition, the system is more widely used in the Puget Sound area, so realtors and contractors are familiar with it and no longer would need to utilize multiple systems. Jefferson Co, Kitsap Co, Thurston Co, and Pierce Co all utilize Online RME for these services. The public access to Online RME has also been found to be more user friendly, where homeowners can quickly navigate to system history and past reports. The proposed reporting information should improve staff efficiency, while prioritizing top public health hazards such as surfacing sewage. BUDGET IMPACT: Savings of$2200 to 2019 budget. Savings of$6600 to future budgets. (Online RME charges a $3 fee to subscribers (septic maintenance contractors) per report/ service event) PUBLIC OUTREACH: Previous briefing dates, several Onsite Sewage Advisory Committee Meetings. RECOMMENDED OR REQUESTED ACTION: Approval of contract between Mason County and Online RME. WBOCC\Commission Agenda Item Summary Template.docx ATTACHMENTS: Professional Services Contract Agreement between MC and Online RME. H:\BOCC\Commission Agenda Item Summary Template.docx PROFESSIONAL SERVICES CONTRACT AGREEMENT BETWEEN MASON COUNTY PUBLIC HEALTH AND ONLINE RME, LLC THIS AGREEMENT is between MASON COUNTY PUBLIC HEALTH (MCPH), located at 415 N. 6th Street, Shelton, WA 98584 and ONLINE RME, LLC (CONTRACTOR), located at 814 Airway Ave, Sutherlin, OR 97479 and is made effective as of the date signed below by MCPH. MCPH and Contractor are also referred to as the "Parties" and each as "Party". THE PURPOSE OF THIS AGREEMENT IS TO PROVIDE a web-based service that provides data collection and reporting tools to allow certified Onsite Sewage System professionals to submit pumping and maintenance reports on-line. This will be a hosted Software system that provides on-line service to MCPH staff and certified professionals in a stable and secured technological environment. Where, Mason County recognizes the needs to inventory and track OSS maintenance activities to minimize surfacing sewage and/or public health threats. In addition to requirements set forth by Mason County Code 6.76 and WAC246-272A for maintenance of these onsite sewage systems by their owners. THEREFORE, IT IS MUTUALLY AGREED THAT: 1. CONTRACTOR SHALL PROVIDE: a) A Web-based service that allows data collection and reporting tools for certified On-Site Sewage System professionals to submit service reports on-line. b) Data conversion services from existing Mason County data, extracted from Carmody Inc. in order to maintain access to past system history and parcel information; c) Continuous access to web base service and applicable services contained within to Mason County staff and certified professionals; d) Internet-based public access at all times to inspection data submitted by Mason County certified professionals; e) Automated electronic processes for retrieval of specific data points, determined through collaboration, entered by the Mason County certified professionals into the software as such frequency as meets the needs of MCPH and have been mutually agreed upon between parties. This shall mean daily data retrieval; f) MCPH with queried data for requested data parameters upon reasonable requests; g) Training for MCPH staff and Mason County certified professionals for the use of the software. Training may include, but not limited to: Written documentation, Verbal communication, In-person training sessions, and E-mail correspondence. h) Input of homeowner inspection reports by MCPH staff for up to a reasonable amount agreed upon by the CONTRACTOR, free of reporting charges. 2. MCPH SHALL: a) Inform Contractor in writing of any fee changes that may affect services performed within (30) business days of such said fee changes. 3. COMPENSATION: a) Mason County Public Health shall not be charged by the Contractor for services performed under this agreement. Contractor independent of MCPH charges and collects fees from clients for the use of this service. 4. TERM: a) The initial term of this Agreement is date of signing below through DECEMBER 30T" 2021. This Agreement may be automatically extended in one-year increments through December 30th, 2025, provided both parties agree. 5. SUBCONTRACTING: a) The Contractor shall not subcontract, assign or delegate any rights or obligations under this agreement, either in whole or in part, without the prior written approval of MCPH. 6. TERMINATION: a) MCPH may terminate this Agreement in whole or in part, at any time by written Notice sent certified mail, return receipt requested, to the Contractor. b) Within sixty (60) days of notification of termination of this Agreement, the Contractor shall provide MCPH with dedicated data files suitable for importation into commercially available database software (e.g. MS-Access or MS-SQL). The dedicated data files will be comprised of MCPH's data contained in the Contractor's system. The structure of the relational database will be specific to MCPH's data and will not be representative of the proprietary Contractor database. 7. SEVERABILITY: a) If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provisions, and to this end the provisions of this Agreement are declared to be severable. 8. INDEMNIFICATION/HOLD HARMLESS a) To the fullest extent permitted by law, the Contractor hereby indemnifies and holds MCPH harmless from any and all loss, damage, suits, liability, claims, demands or costs, whatsoever, whether arising at law or in equity, or sounds in tort, contract or other causes of action arising from any claim or liability resulting from Contractor's performance of services described under this Agreement, except to the extent caused by the negligence of MCPH. 9. INDEPENDENT CONTRACTOR a) The Contractor and MCPH understand and expressly agree that the Contractor is an independent contractor in the performance of each and every part of this Agreement. The Contractor expressly represents, warrants and agrees that his status as an independent contractor in the performance of the work and services required under this Agreement is consistent with and meets the six-part independent contractor test set forth in RCW 51.08.195 or as hereafter amended. The Contractor, as an independent contractor, assumes the entire responsibility for carrying out and accomplishing the services required under this Agreement. The Contractor shall make no claim of MCPH employment nor shall claim any related employment benefits, social security, and/or retirement benefits. b) The Contractor shall be solely responsible for paying all taxes, deductions, and assessments, including but not limited to federal income tax, FICA, social security tax, assessments for unemployment and industrial injury, and other deduction from income which may be required by law or assessed against either party as a result of this Agreement. In the event MCPH is assessed a tax or assessment as a result of this Agreement, the Contractor shall pay the same before it becomes due. 10. AUTHORITY TO BIND PARTIES AND ENTER INTO AGREEMENT The undersigned represent that they have full authority to enter into this Agreement and to bind the parties for and on behalf of the legal entities set forth below. IN WITNESS WHEREOF, the parties have executed the Contract: MASON COUNTY PUBLIC HEALTH: ONLINE, RME: Kevin Shutty, Chair Board of County Commissioners Reviewed by (as to form): Tim Whitehead, Chief Deputy Prosecuting Attorney Contact: Alex Paysse, MCPH Contact: Eric Evans, Online RME Phone: 360-427-9670, Ext. 279 Phone: XXXXXXXXX MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Frank Pinter/Melissa Drewry Action Agenda Public Hearing _X_ Other DEPARTMENT: Support Services EXT: COMMISSION MEETING DATE: September 3, 2019 Agenda Item #/0. Commissioner staff to complete) BRIEFING DATE: July 16, 2019 BRIEFING PRESENTED BY: Frank Pinter [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Public hearing to consider the sale of parcels 32021-56-02003 &32021-56-02004, located on E. Panorama Drive. BACKGROUND: Both parcels are considered tax title and an attempt to sell was made at the 2018 Tax Title auction with no interested bidders. Per RCW 36.35.150(1)(d.) all three parcels can be sold by direct negotiation within twelve months of the attempted auction. **The above parcels were approved for sale at the August 13, 2019 hearing. Due to a clerical error, the name on the resolution and motion was listed as Maureen Barta, and should have been Steven and Debi Smith&Brandon and Crystal Jennings. This hearing is being held to correct the error. 2019 market value (the same for both parcels): $8,750 Both parcels have been on the market for 115 days. 32021-56-02003 Taxes due: $1915.84 Total Shorecrest water paid: $2,779.62 Current offer: $5,500 32021-56-02004 Taxes due: $1472.58 Total Shorecrest water paid: $1578.29 Current offer: $5,500 RECOMMENDED ACTION: Approval to sell parcels 32021-56-02003 &32021-56- 02004, in the amount of$11,000. ATTACHMENTS: Purchase and Sale Agreements Agent Detail Reports Resolution I:\Property Mng\Property Offers&Negotiations\441 &461 E Panorama\9.3.19 hearing.doc Authentisign ID:30CA7528.2EA4-429A-949A-07602A48D1F7 Form 35E ©Copyright 2015 Escalation Addendum Northwest Multiple Listing Service Rev.7/15 ALL RIGHTS RESERVED Page 1 of 1 ESCALATION ADDENDUM TO PURCHASE AND SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated July 5,2019 1 between Steven& Debi Smith Brandon&Crystal Jennings ("Buyer") 2 Buyer Buyer and Mason County ("Seller") 3 Seller Seller concerning Parcel#s(32021-56-02003&32021-56-02004) Shelton WA 98584 (the"Property"). 4 Address city State Zip NOTICE TO BUYER: By including this Addendum in the Agreement, you agree to have your purchase price 5 increased if Seller receives an equal or higher offer from another buyer(the"Competing Offer"). This Addendum does 6 not assure that the Competing Offer used to establish your purchase price will, in all ways, be comparable to yours. 7 You are cautioned to offer no more than you are willing to pay for the Property. You are further advised that Seller or 8 Seller's broker(s) may disclose the terms of your offer, including this Addendum, to others. 9 1. PURCHASE PRICE. If Seller receives a Competing Offer for the Property prior to accepting this offer, with a 10 Net Price equal to or greater than the Net Price of this offer, then the Net Price of this offer shall be 11 increased to $ 500.00 more than the Net Price of the Competing Offer. In no event, however, shall the 12 new purchase price of this offer exceed $ 15,500.00 . The term "Net Price" means the stated purchase 13 price(or the maximum price if the Competing Offer contains a price escalation clause) less any price adjustments 14 such as credits to Buyer for closing costs. 15 2. COMPETING OFFER. A Competing Offer must be a bona fide, arm's length, written offer on NWMLS or similar 16 forms, containing all material terms necessary for an enforceable agreement which (a) requires the full purchase 17 price to be paid in cash at closing; (b) provides for closing no later than 60 days (60 days if not filled in) 18 from the date of this offer; and (c) is not contingent on the sale of the buyer's property (i.e. no NWMLS Form 22B 19 or equivalent). A Competing Offer may include other conditions, such as a buyer's pending sale of property 20 contingency(i.e. NWMLS Form 22Q or equivalent). 21 3. SELLER'S ACCEPTANCE. Seller's escalation of this offer shall not be effective unless it is accompanied by 22 a complete copy of any Competing Offer used to escalate the purchase price, including any escalation 23 provision. 24 4. NEW PURCHASE PRICE WORKSHEET. The following formula is provided to assist the parties in calculating the 25 new purchase price. The worksheet can only be completed when the purchase price of the Competing Offer is 26 known. The accuracy or completeness of the calculation shall not render this Agreement unenforceable, and to 27 the extent the following calculations are inconsistent with the escalation provisions above, the escalation 28 provisions shall control. 29 Purchase Price of Competing Offer $ 30 (or the maximum purchase price of the Competing Offer if it contains an escalation provision) Less Credits to Buyer in Competing Offer $ 31 Competing Offer Net Purchase Price $ 32 Plus Escalation Amount(this offer) $ 33 Plus Any Credits to Buyer(this offer) $ 34 New Purchase Price(this offer) $ 35 [Sis] 07/11/2019 CX;1 07/112019 Buyers Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date 07/112019 P] 07/112019 Authentisign to:CD94283A-E24D-4C94-9794-DCDE48162484 pE/MqX Form 25 VP ©Copyright 2019 Vacant Land Purchase&Sale .• Northwest Multiple Listing Service Rev.7/19 VACANT LAND PURCHASE AND SALE AGREEMENT ALL RIGHTS RESERVED Page 1 of 5 SPECIFIC TERMS 1. Date: July 05,2019 MLS No.: 1416182 Offer Expiration Date: 7/12/2019 2. Buyer: Steven&Debi Smith Brandon&Crystal Jennings A married couple Buyer Buyer Status 3. Seller: Mason County Seller Seller 4. Property: Legal Description attached as Exhibit A. Tax Parcel No(s).: 320215602004 320215602003 441 &461 E Panorama Drive Shelton Mason WA 98584 Address city County Stale Zip 5. Purchase Price: $ 7,500.00 Seven Thousand Five Hundred Cash Dollars 6. Earnest Money:$ 1,000.00 m Check; ❑ Note; ❑ Other (held by❑Selling Firm; m Closing Agent) 7. Default: (check only one)0 Forfeiture of Earnest Money; ❑Seller's Election of Remedies 8. Title Insurance Company: Mason County Title Co. 9. Closing Agent: Mason County Title Co. Company Individual(optional) 10. Closing Date: 7/31/2019 Or Sooner ; Possession Date: 0 on Closing; ❑Other 11. Services of Closing Agent for Payment of Utilities: ❑ Requested(attach NWMLS Form 22K); RI Waived 12. Charges/Assessments Levied Before but Due After Closing: ❑assumed by Buyer;m prepaid in full by Seller at Closing 13. Seller Citizenship(FIRPTA): Seller❑ is; 0 is not a foreign person for purposes of U.S. income taxation 14. Subdivision:The Property: 0 must be subdivided before : 0 is not required to be subdivided 15. Feasibility Contingency Expiration Date: W 14 days after mutual acceptance; ❑Other 16. Agency Disclosure: Selling Broker represents: Buyer; ❑Seller; ❑ both parties; ❑ neither party Listing Broker represents: Seller; ❑both parties 17. Addenda: 22D(Optional Clauses) 22T(Title Contingency) 35F(Feasibility) Form 42 Agency Disclosure raw,.. :�- Sl. .Y SmitPc 07/05/2019 g�tfdtEM I 7WO1� Date Seller's Signature Date �,�xandae�ennngc r� _ /�� 07/05/2019 rt� gciataDre I Date Seller's Signature Date 461 SE Mill Creek Rd Buyer's Address Seller's Address Shelton WA 98584 City,State,Zip City,State,Zip (360)338-2322 (360)427-9670 Phone No. Fax No. Phone No. Fax No. sjsmith.remax@gmail.com Buyer's E-mail Address Seller's E-mail Address RE/MAX Top Executives 9971 Richard Beckman Realty Group 4537 Selling Firm MLS Office No. Listing Firm MLS Office No. Steven Smith 98306 Richard Beckman 55681 Selling Broker(Print) MLS LAG No. Listing Broker(Print) MLS LAG No. (360)427-6117 (360)338-2322 (360)432-0103 (360)426-5521 (360)790-1921 (360)426-1645 Firm Phone No. Broker Phone No. Firm Fax No. Firm Phone No. Broker Phone No. Firm Fax No. ABarneshomes@gmail.com mail@RichardBeckman.com Selling Firm Document E-mail Address Listing Firm Document E-mail Address sjsmith.remax@gmail.com richard@richardbeckman.com Selling Broker's E-mail Address Listing Broker's E-mail Address 114982 18204 98421 9628 Selling Broker DOL License No. Selling Firm DOL License No. Listing Broker DOL License No. Listing Firm DOL License No. Authentisign ID:CD94283A-E24D-4C94.9794-DCOE48162484 Form 25 ©Copyright 2019 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.7/19 ALL RIGHTS RESERVED Page 2 of 5 GENERAL TERMS Continued a. Purchase Price. Buyer shall pay to Seller the Purchase Price, including the Earnest Money, in cash at Closing, unless 1 otherwise specified in this Agreement. Buyer represents that Buyer has sufficient funds to close this sale in accordance 2 with this Agreement and is not relying on any contingent source of funds, including funds from loans, the sale of other 3 property, gifts, retirement, or future earnings, except to the extent otherwise specified in this Agreement. The parties 4 shall use caution when wiring funds to avoid potential wire fraud. Before wiring funds, the party wiring funds shall take 5 steps to confirm any wire instructions via an independently verified phone number and other appropriate measures. 6 b. Earnest Money. Buyer shall deliver the Earnest Money within 2 days after mutual acceptance to Selling Broker or to 7 Closing Agent. If Buyer delivers the Earnest Money to Selling Broker, Selling Broker will deposit any check to be held by 8 Selling Firm, or deliver any Earnest Money to be held by Closing Agent, within 3 days of receipt or mutual acceptance, 9 whichever occurs later. If the Earnest Money is held by Selling Firm and is over$10,000.00 it shall be deposited into an 10 interest bearing trust account in Selling Firm's name provided that Buyer completes an IRS Form W-9. Interest, if any, 11 after deduction of bank charges and fees, will be paid to Buyer. Buyer shall reimburse Selling Firm for bank charges 12 and fees in excess of the interest earned, if any. If the Earnest Money held by Selling Firm is over $10,000.00 Buyer 13 has the option to require Selling Firm to deposit the Earnest Money into the Housing Trust Fund Account, with the 14 interest paid to the State Treasurer, if both Seller and Buyer so agree in writing. If the Buyer does not complete an IRS 15 Form W-9 before Selling Firm must deposit the Earnest Money or the Earnest Money is $10,000.00 or less, the Earnest 16 Money shall be deposited into the Housing Trust Fund Account. Selling Firm may transfer the Earnest Money to Closing 17 Agent at Closing. If all or part of the Earnest Money is to be refunded to Buyer and any such costs remain unpaid, the 18 Selling Firm or Closing Agent may deduct and pay them therefrom.The parties instruct Closing Agent to provide written 19 verification of receipt of the Earnest Money and notice of dishonor of any check to the parties and Brokers at the 20 addresses and/or fax numbers provided herein. 21 Upon termination of this Agreement, a party or the Closing Agent may deliver a form authorizing the release of Earnest 22 Money to the other party or the parties.The party(s) shall execute such form and deliver the same to the Closing Agent. 23 If either parry fails to execute the release form, a party may make a written demand to the Closing Agent for the Earnest 24 Money. Pursuant to RCW 64.04, Closing Agent shall deliver notice of the demand to the other party within 15 days. If 25 the other party does not object to the demand within 20 days of Closing Agent's notice, Closing Agent shall disburse the 26 Earnest Money to the party making the demand within 10 days of the expiration of the 20 day period. If Closing Agent 27 timely receives an objection or an inconsistent demand from the other party, Closing Agent shall commence an 28 interpleader action within 60 days of such objection or inconsistent demand, unless the parties provide subsequent 29 consistent instructions to Closing Agent to disburse the earnest money or refrain from commencing an interpleader 30 action for a specified period of time. Pursuant to RCW 4.28.080, the parties consent to service of the summons and 31 complaint for an interpleader action by first class mail, postage prepaid at the party's usual mailing address or the 32 address identified in this Agreement. If the Closing Agent complies with the preceding process, each party shall be 33 deemed to have released Closing Agent from any and all claims or liability related to the disbursal of the Earnest 34 Money. If either party fails to authorize the release of the Earnest Money to the other party when required to do so 35 under this Agreement,that party shall be in breach of this Agreement. For the purposes of this section,the term Closing 36 Agent includes a Selling Firm holding the Earnest Money. The parties authorize the party commencing an interpleader 37 action to deduct up to$500.00 for the costs thereof. 38 c. Condition of Title. Unless otherwise specified in this Agreement, title to the Property shall be marketable at Closing. 39 The following shall not cause the title to be unmarketable: rights, reservations, covenants, conditions and restrictions, 40 presently of record and general to the area; easements and encroachments, not materially affecting the value of or 41 unduly interfering with Buyer's reasonable use of the Property; and reserved oil and/or mining rights. Seller shall not 42 convey or reserve any oil and/or mineral rights after mutual acceptance without Buyer's written consent. Monetary 43 encumbrances or liens not assumed by Buyer, shall be paid or discharged by Seller on or before Closing. Title shall be 44 conveyed by a Statutory Warranty Deed. If this Agreement is for conveyance of a buyer's interest in a Real Estate 45 Contract, the Statutory Warranty Deed shall include a buyer's assignment of the contract sufficient to convey after 46 acquired title. If the Property has been short platted, the Short Plat number is in the Legal Description. 47 d. Title Insurance. Seller authorizes Buyer's lender or Closing Agent, at Seller's expense, to apply for the then-current 48 ALTA form of standard form owner's policy of title insurance from the Title Insurance Company. If Seller previously 49 received a preliminary commitment from a Title Insurance Company that Buyer declines to use, Buyer shall pay any 50 cancellation fees owing to the original Title Insurance Company. Otherwise, the party applying for title insurance shall 51 pay any title cancellation fee, in the event such a fee is assessed. The Title Insurance Company shall send a copy of 52 the preliminary commitment to Seller, Listing Broker, Buyer and Selling Broker. The preliminary commitment, and the 53 title policy to be issued, shall contain no exceptions other than the General Exclusions and Exceptions in said standard 54 form and Special Exceptions consistent with the Condition of Title herein provided. If title cannot be made so insurable 55 prior to the Closing Date, then as Buyer's sole and exclusive remedy, the Earnest Money shall, unless Buyer elects to 56 waive such defects or encumbrances, be refunded to the Buyer, less any unpaid costs described in this Agreement, and 57 this Agreement shall thereupon be terminated. Buyer shall have no right to specific performance or damages as a 58 consequence of Seller's inability to provide insurable title. 59 $`�$ 07/05/2019 [C31] 07/05/2019] uyer itials Date nitials Date Sellers Initials Date Sellers Initials Date 07/06/2019 1711 07/06/2019 Authentisign ID:CD94283A-E24D-4C94-9794-DCOE48182484 Form 25 ©Copyright 2019 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.7/19 ALL RIGHTS RESERVED Page 3 of 5 GENERAL TERMS Continued e. Closing and Possession. This sale shall be closed by the Closing Agent on the Closing Date. "Closing" means the 60 date on which all documents are recorded and the sale proceeds are available to Seller. If the Closing Date falls on a 61 Saturday, Sunday, legal holiday as defined in RCW 1.16.050, or day when the county recording office is closed, the 62 Closing Agent shall close the transaction on the next day that is not a Saturday, Sunday, legal holiday, or day when the 63 county recording office is closed. Buyer shall be entitled to possession at 9:00 p.m. on the Possession Date. Seller shall 64 maintain the Property in its present condition, normal wear and tear excepted, until the Buyer is provided possession. 65 Buyer reserves the right to walk through the Property within 5 days of Closing to verify that Seller has maintained the 66 Property as required by this paragraph. Seller shall not enter into or modify existing leases or rental agreements, 67 service contracts, or other agreements affecting the Property which have terms extending beyond Closing without first 68 obtaining Buyer's consent,which shall not be unreasonably withheld. 69 f. Section 1031 Like-Kind Exchange. If either Buyer or Seller intends for this transaction to be a part of a Section 1031 70 like-kind exchange, then the other party shall cooperate in the completion of the like-kind exchange so long as the 71 cooperating party incurs no additional liability in doing so, and so long as any expenses (including attorneys' fees and 72 costs) incurred by the cooperating party that are related only to the exchange are paid or reimbursed to the cooperating 73 party at or prior to Closing. Notwithstanding the Assignment paragraph of this Agreement, any party completing a 74 Section 1031 like-kind exchange may assign this Agreement to its qualified intermediary or any entity set up for the 75 purposes of completing a reverse exchange. 76 g. Closing Costs and Prorations and Charges and Assessments. Seller and Buyer shall each pay one-half of the 77 escrow fee unless otherwise required by applicable FHA or VA regulations. Taxes for the current year, rent, interest, 78 and lienable homeowner's association dues shall be prorated as of Closing. Buyer shall pay Buyer's loan costs, 79 including credit report, appraisal charge and lender's title insurance, unless provided otherwise in this Agreement. If any 80 payments are delinquent on encumbrances which will remain after Closing, Closing Agent is instructed to pay such 81 delinquencies at Closing from money due, or to be paid by, Seller. Buyer shall pay for remaining fuel in the fuel tank if, 82 prior to Closing, Seller obtains a written statement from the supplier as to the quantity and current price and provides 83 such statement to the Closing Agent. Seller shall pay all utility charges, including unbilled charges. Unless waived in 84 Specific Term No. 11, Seller and Buyer request the services of Closing Agent in disbursing funds necessary to satisfy 85 unpaid utility charges in accordance with RCW 60.80 and Seller shall provide the names and addresses of all utilities 86 providing service to the Property and having lien rights (attach NWMLS Form 22K Identification of Utilities or 87 equivalent). 88 Buyer is advised to verify the existence and amount of any local improvement district, capacity or impact charges or 89 other assessments that may be charged against the Property before or after Closing. Seller will pay such charges that 90 are or become due on or before Closing. Charges levied before Closing, but becoming due after Closing shall be paid 91 as agreed in Specific Term No.12. 92 h. Sale Information. Listing Broker and Selling Broker are authorized to report this Agreement (including price and all 93 terms)to the Multiple Listing Service that published it and to its members,financing institutions, appraisers, and anyone 94 else related to this sale. Buyer and Seller expressly authorize all Closing Agents, appraisers, title insurance companies, 95 and others related to this Sale, to furnish the Listing Broker and/or Selling Broker, on request, any and all information 96 and copies of documents concerning this sale. 97 I. Seller Citizenship and FIRPTA. Seller warrants that the identification of Seller's citizenship status for purposes of U.S. 98 income taxation in Specific Term No. 13 is correct. Seller shall execute a certification (NWMLS Form 22E or equivalent) 99 under the Foreign Investment In Real Property Tax Act("FIRPTA")at Closing and provide the certification to the Closing 100 Agent. If Seller is a foreign person for purposes of U.S. income taxation, and this transaction is not otherwise exempt 101 from FIRPTA, Closing Agent is instructed to withhold and pay the required amount to the Internal Revenue Service. 102 j. Notices and Delivery of Documents. Any notice related to this Agreement (including revocations of offers or 103 counteroffers) must be in writing. Notices to Seller must be signed by at least one Buyer and shall be deemed delivered 104 only when the notice is received by Seller, by Listing Broker, or at the licensed office of Listing Broker. Notices to Buyer 105 must be signed by at least one Seller and shall be deemed delivered only when the notice is received by Buyer, by 106 Selling Broker, or at the licensed office of Selling Broker. Documents related to this Agreement, such as NWMLS Form 107 17C, Information on Lead-Based Paint and Lead-Based Paint Hazards, Public Offering Statement or Resale Certificate, 108 and all other documents shall be delivered pursuant to this paragraph. Buyer and Seller must keep Selling Broker and 109 Listing Broker advised of their whereabouts in order to receive prompt notification of receipt of a notice. 110 Facsimile transmission of any notice or document shall constitute delivery. E-mail transmission of any notice or 111 document(or a direct link to such notice or document) shall constitute delivery when: (i)the e-mail is sent to both Selling 112 Broker and Selling Firm or both Listing Broker and Listing Firm at the e-mail addresses specified on page one of this 113 Agreement; or(ii)Selling Broker or Listing Broker provide written acknowledgment of receipt of the e-mail (an automatic 114 e-mail reply does not constitute written acknowledgment). At the request of either party, or the Closing Agent, the 115 parties will confirm facsimile or e-mail transmitted signatures by signing an original document. 116 [SYS'] 07/05/2019 [331] 07/06/2019 rm Ini8als /2019Date �niti�s(/06/2019Date Seller's Initials Date Sellers Initials Date Authentisign ID:CD94283A-E24D-4C94-9794-DCOE48162484 Form 25 ©Copyright 2019 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.7/19 ALL RIGHTS RESERVED Page 4 of 5 GENERAL TERMS Continued k. Computation of Time. Unless otherwise specified in this Agreement, any period of time measured in days and stated 117 in this Agreement shall start on the day following the event commencing the period and shall expire at 9:00 p.m. of the 118 last calendar day of the specified period of time. Except for the Possession Date, if the last day is a Saturday, Sunday 119 or legal holiday as defined in RCW 1.16.050, the specified period of time shall expire on the next day that is not a 120 Saturday, Sunday or legal holiday. Any specified period of 5 days or less, except for any time period relating to the 121 Possesion Date, shall not include Saturdays, Sundays or legal holidays. If the parties agree that an event will occur on a 122 specific calendar date, the event shall occur on that date, except for the Closing Date, which, if it falls on a Saturday, 123 Sunday, legal holiday as defined in RCW 1.16.050, or day when the county recording office is closed, shall occur on the 124 next day that is not a Saturday, Sunday, legal holiday, or day when the county recording office is closed. If the parties 125 agree upon and attach a legal description after this Agreement is signed by the offeree and delivered to the offeror,then 126 for the purposes of computing time, mutual acceptance shall be deemed to be on the date of delivery of an accepted 127 offer or counteroffer to the offeror, rather than on the date the legal description is attached. Time is of the essence of 128 this Agreement. 129 I. Integration and Electronic Signatures. This Agreement constitutes the entire understanding between the parties and 130 supersedes all prior or contemporaneous understandings and representations. No modification of this Agreement shall 131 be effective unless agreed in writing and signed by Buyer and Seller. The parties acknowledge that a signature in 132 electronic form has the same legal effect and validity as a handwritten signature. 133 m. Assignment. Buyer may not assign this Agreement, or Buyer's rights hereunder, without Seller's prior written consent, 134 unless the parties indicate that assignment is permitted by the addition of"and/or assigns" on the line identifying the 135 Buyer on the first page of this Agreement. 136 n. Default. In the event Buyer fails, without legal excuse, to complete the purchase of the Property, then the following 137 provision, as identified in Specific Term No. 7, shall apply: 138 i. Forfeiture of Earnest Money. That portion of the Earnest Money that does not exceed five percent (5%) of the 139 Purchase Price shall be forfeited to the Seller as the sole and exclusive remedy available to Seller for such failure. 140 ii. Seller's Election of Remedies. Seller may, at Seller's option, (a) keep the Earnest Money as liquidated damages 141 as the sole and exclusive remedy available to Seller for such failure, (b) bring suit against Buyer for Seller's actual 142 damages, (c) bring suit to specifically enforce this Agreement and recover any incidental damages, or (d) pursue 143 any other rights or remedies available at law or equity. 144 o. Professional Advice and Attorneys' Fees. Buyer and Seller are advised to seek the counsel of an attorney and a 145 certified public accountant to review the terms of this Agreement. Buyer and Seller shall pay their own fees incurred for 146 such review. However, if Buyer or Seller institutes suit against the other concerning this Agreement, or if the party 147 holding the Earnest Money commences an interpleader action, the prevailing party is entitled to reasonable attorneys' 148 fees and expenses. 149 p. Offer. This offer must be accepted by 9:00 p.m. on the Offer Expiration Date, unless sooner withdrawn. Acceptance 150 shall not be effective until a signed copy is received by the other party, by the other party's broker, or at the licensed 151 office of the other party's broker pursuant to General Term j. If this offer is not so accepted, it shall lapse and any 152 Earnest Money shall be refunded to Buyer. 153 q. Counteroffer. Any change in the terms presented in an offer or counteroffer, other than the insertion of or change to 154 Seller's name and Seller's warranty of citizenship status, shall be considered a counteroffer. If a party makes a 155 counteroffer, then the other party shall have until 9:00 p.m. on the counteroffer expiration date to accept that 156 counteroffer, unless sooner withdrawn. Acceptance shall not be effective until a signed copy is received by the other 157 party, the other party's broker, or at the licensed office of the other party's broker pursuant to General Term j. If the 158 counteroffer is not so accepted, it shall lapse and any Earnest Money shall be refunded to Buyer. 159 r. Offer and Counteroffer Expiration Date. If no expiration date is specified for an offer/counteroffer, the 160 offer/counteroffer shall expire 2 days after the offer/counteroffer is delivered by the party making the offer/counteroffer, 161 unless sooner withdrawn. 162 s. Agency Disclosure. Selling Firm, Selling Firm's Designated Broker, Selling Broker's Branch Manager (if any) and 163 Selling Broker's Managing Broker(if any) represent the same party that Selling Broker represents. Listing Firm, Listing 164 Firm's Designated Broker, Listing Broker's Branch Manager (if any), and Listing Broker's Managing Broker (if any) 165 represent the same party that the Listing Broker represents. If Selling Broker and Listing Broker are different persons 166 affiliated with the same Firm, then both Buyer and Seller confirm their consent to Designated Broker, Branch Manager 167 (if any), and Managing Broker(if any) representing both parties as dual agents. If Selling Broker and Listing Broker are 168 the same person representing both parties then both Buyer and Seller confirm their consent to that person and his/her 169 Designated Broker, Branch Manager(if any), and Managing Broker(if any) representing both parties as dual agents.All 170 parties acknowledge receipt of the pamphlet entitled "The Law of Real Estate Agency." 171 Isis] 07/05/2019 [Jr3j] 07/06/2019 uye Ini"�b5/2019 Date M nitials Date Seller's Initials Date Seller's Initials Date 07!06!2019 Authentisign ID:CD94283A-E240dC94-9794-DCOE48182484 Form 25 ©Copyright 2019 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.7/19 ALL RIGHTS RESERVED Page 5 of 5 GENERAL TERMS Continued t. Commission. Seller and Buyer shall pay a commission in accordance with any listing or commission agreement to 172 which they are a party. The Listing Firm's commission shall be apportioned between Listing Firm and Selling Firm as 173 specified in the listing. Seller and Buyer hereby consent to Listing Firm or Selling Firm receiving compensation from 174 more than one party. Seller and Buyer hereby assign to Listing Firm and Selling Firm, as applicable, a portion of their 175 funds in escrow equal to such commission(s) and irrevocably instruct the Closing Agent to disburse the commission(s) 176 directly to the Firm(s). In any action by Listing or Selling Firm to enforce this paragraph,the prevailing party is entitled to 177 court costs and reasonable attorneys'fees. Seller and Buyer agree that the Firms are intended third party beneficiaries 178 under this Agreement. 179 u. Feasibility Contingency. It is the Buyer's responsibility to verify before the Feasibility Contingency Expiration Date 180 identified in Specific Term No.15 whether or not the Property can be platted, developed and/or built on (now or in the 181 future) and what it will cost to do this. Buyer should not rely on any oral statements concerning this made by the Seller, 182 Listing Broker or Selling Broker. Buyer should inquire at the city or county, and water, sewer or other special districts in 183 which the Property is located. Buyers inquiry should include, but not be limited to: building or development moratoriums 184 applicable to or being considered for the Property; any special building requirements, including setbacks, height limits or 185 restrictions on where buildings may be constructed on the Property; whether the Property is affected by a flood zone, 186 wetlands, shorelands or other environmentally sensitive area; road, school,fire and any other growth mitigation or impact 187 fees that must be paid; the procedure and length of time necessary to obtain plat approval and/or a building permit; 188 sufficient water, sewer and utility and any service connection charges;and all other charges that must be paid. Buyer and 189 Buyer's agents, representatives, consultants, architects and engineers shall have the right, from time to time during and 190 after the feasibility contingency, to enter onto the Property and to conduct any tests or studies that Buyer may need to 191 ascertain the condition and suitability of the Property for Buyer's intended purpose. Buyer shall restore the Property and 192 all improvements on the Property to the same condition they were in prior to the inspection. Buyer shall be responsible for 193 all damages resulting from any inspection of the Property performed on Buyer's behalf. If the Buyer does not give notice 194 to the contrary on or before the Feasibility Contingency Expiration Date identified in Specific Term No. 15, it shall be 195 conclusively deemed that Buyer is satisfied as to development and/or construction feasibility and cost. If Buyer gives 196 notice this Agreement shall terminate and the Earnest Money shall be refunded to Buyer, less any unpaid costs. 197 Seller shall cooperate with Buyer in obtaining permits or other approvals Buyer may reasonably require for Buyer's 198 intended use of the Property; provided that Seller shall not be required to incur any liability or expenses in doing so. 199 v. Subdivision. If the Property must be subdivided, Seller represents that there has been preliminary plat approval for the 200 Property and this Agreement is conditioned on the recording of the final plat containing the Property on or before the 201 date specified in Specific Term No. 14. If the final plat is not recorded by such date, this Agreement shall terminate and 202 the Earnest Money shall be refunded to Buyer. 203 w. Information Verification Period. Buyer shall have 10 days after mutual acceptance to verify all information provided 204 from Seller or Listing Firm related to the Property. This contingency shall be deemed satisfied unless Buyer gives notice 205 identifying the materially inaccurate information within 10 days of mutual acceptance. If Buyer gives timely notice under 206 this section,then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. 207 x. Property Condition Disclaimer. Buyer and Seller agree,that except as provided in this Agreement, all representations 208 and information regarding the Property and the transaction are solely from the Seller or Buyer, and not from any Broker. 209 The parties acknowledge that the Brokers are not responsible for assuring that the parties perform their obligations 210 under this Agreement and that none of the Brokers has agreed to independently investigate or confirm any matter 211 related to this transaction except as stated in this Agreement, or in a separate writing signed by such Broker. In 212 addition, Brokers do not guarantee the value, quality or condition of the Property and some properties may contain 213 building materials, including siding, roofing, ceiling, insulation, electrical, and plumbing, that have been the subject of 214 lawsuits and/or governmental inquiry because of possible defects or health hazards. Some properties may have other 215 defects arising after construction, such as drainage, leakage, pest, rot and mold problems. Brokers do not have the 216 expertise to identify or assess defective products, materials, or conditions. Buyer is urged to use due diligence to 217 inspect the Property to Buyer's satisfaction and to retain inspectors qualified to identify the presence of defective 218 materials and evaluate the condition of the Property as there may be defects that may only be revealed by careful 219 inspection. Buyer is advised to investigate whether there is a sufficient water supply to meet Buyer's needs. Buyer is 220 advised to investigate the cost of insurance for the Property, including, but not limited to homeowner's, flood, 221 earthquake, landslide, and other available coverage. Buyer acknowledges that local ordinances may restrict short term 222 rentals of the Property. Brokers may assist the parties with locating and selecting third party service providers, such as 223 inspectors or contractors, but Brokers cannot guarantee or be responsible for the services provided by those third 224 parties.The parties shall exercise their own judgment and due diligence regarding third-party service providers. 225 [SYS] 07105/2019 [331] 07/06/2019 Buy In 9%5/201 Date Initi's/06/2019 Date Seller's Initials Date Seller's Initials Date Authentisign ID:CD94283A-E24D-4C94-9794-DCOE48162484 RE/Mqk Forth 22D ©Copyright 2019 Optional Clauses Addendum Northwest Multiple Listing Service Rev.7/19 OPTIONAL CLAUSES ADDENDUM TO ALL RIGHTS RESERVED Page 1 of 2 PURCHASE& SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated July 05,2019 1 between Steven&Debi Smith Brandon&Crystal Jennings ("Buyer') 2 Buyer Buyer and Mason County ("Seller") 3 Seller Seller concerning 441 &461 E Panorama Drive Shelton WA 98584 (the"Property"). 4 Address city State Zip CHECK IF INCLUDED: 5 1. 0 Square Footage/Lot Size/Encroachments. The Listing Broker and Selling Broker make no representations 6 concerning: (a)the lot size or the accuracy of any information provided by the Seller; (b)the square footage of 7 any improvements on the Property; (c)whether there are any encroachments(fences, rockeries, buildings) on 8 the Property, or by the Property on adjacent properties. Buyer is advised to verify lot size, square footage and 9 encroachments to Buyer's own satisfaction. 10 2. Title Insurance.The Title Insurance clause in the Agreement provides Seller is to provide the then-current ALTA 11 form of Homeowner's Policy of Title Insurance. The parties have the option to provide less coverage by selecting 12 a Standard Owner's Policy or more coverage by selecting an Extended Coverage Policy: 13 ❑ Standard Owner's Coverage. Seller authorizes Buyer's lender or Closing Agent, at Seller's expense, to 14 apply for the then-current ALTA form of Owner's Policy of Title Insurance, together with homeowner's 15 additional protection and inflation protection endorsements, if available at no additional cost, rather than 16 the Homeowner's Policy of Title Insurance. 17 ❑ Extended Coverage. Seller authorizes Buyer's lender or Closing Agent, at Seller's expense to apply for 18 an ALTA or comparable Extended Coverage Policy of Title Insurance, rather than the Homeowner's 19 Policy of Title Insurance. Buyer shall pay the increased costs associated with the Extended Coverage 20 Policy, including the excess premium over that charged for Homeowner's Policy of Title Insurance and 21 the cost of any survey required by the title insurer. 22 3. m Seller Cleaning. Seller shall clean the interiors of any structures and remove all trash, debris and rubbish 23 from the Property prior to Buyer taking possession. 24 4. 4 Personal Property. Unless otherwise agreed, Seller shall remove all personal property from the Property 25 not later than the Possession Date. Any personal property remaining on the Property thereafter shall become 26 the property of Buyer, and may be retained or disposed of as Buyer determines. 27 5. ❑ Utilities.To the best of Seller's knowledge, Seller represents that the Property is connected to a: 28 ❑ public water main; ❑ public sewer main; ❑ septic tank; ❑well (specify type) ; 29 ❑ irrigation water(specify provider) ; ❑ natural gas; ❑telephone; 30 ❑ cable; ❑ electricity; ❑ other . 31 6. ❑ Insulation - New Construction. If this is new construction, Federal Trade Commission Regulations require 32 the following to be filled in. If insulation has not yet been selected, FTC regulations require Seller to furnish 33 Buyer the information below in writing as soon as available: 34 WALL INSULATION:TYPE: THICKNESS: R-VALUE: 35 CEILING INSULATION:TYPE: THICKNESS: R-VALUE: 36 OTHER INSULATION DATA: 37 7. ❑ Leased Property Review Period and Assumption. Buyer acknowledges that Seller leases the following 38 items of personal property that are included with the sale: ❑ propane tank; ❑ security system; ❑ satellite 39 dish and operating equipment; Llother 40 [SYS] 0705/2019 [3`Y] 07/06/2019 IV Iniift5/2019 Date M niti B�/06/2019 Date Sellers Initials Date Sellers Initials Date Authentisign ID:CD94283A.E24D-4C94-9794-DCOE48162484 Form 22D ©Copyright 2019 Optional Clauses Addendum Northwest Multiple Listing Service Rev.7119 OPTIONAL CLAUSES ADDENDUM TO ALL RIGHTS RESERVED Page 2 of 2 PURCHASE&SALE AGREEMENT Continued Seller shall provide Buyer a copy of the lease for the selected items within days (5 days if not filled 41 in) of mutual acceptance. If Buyer, in Buyer's sole discretion, does not give notice of disapproval within 42 days (5 days if not filled in) of receipt of the lease(s) or the date that the lease(s) are due, whichever 43 is earlier, then this lease review period shall conclusively be deemed satisfied (waived) and at Closing, Buyer 44 shall assume the lease(s) for the selected item(s) and hold Seller harmless from and against any further 45 obligation, liability, or claim arising from the lease(s), if the lease(s) can be assumed. If Buyer gives timely 46 notice of disapproval, then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. 47 8. 0 Homeowners' Association Review Period. If the Property is subject to a homeowners' association or any 48 other association, then Seller shall, at Seller's expense, provide Buyer a copy of the following documents (if 49 available from the Association)within 10 days (10 days if not filled in) of mutual acceptance: 50 a. Association rules and regulations, including, but not limited to architectural guidelines; 51 b. Association bylaws and covenants, conditions, and restrictions (CC&Rs); 52 c. Association meeting minutes from the prior two (2)years; 53 d. Association Board of Directors meeting minutes from the prior six(6) months; and 54 e. Association financial statements from the prior two(2)years and current operating budget. 55 If Buyer, in Buyer's sole discretion, does not give notice of disapproval within 5 days (5 days if not 56 filled in) of receipt of the above documents or the date that the above documents are due, whichever is 57 earlier, then this homeowners' association review period shall conclusively be deemed satisfied (waived). If 58 Buyer gives timely notice of disapproval, then this Agreement shall terminate and the Earnest Money shall be 59 refunded to Buyer. 60 9. 66 Homeowners' Association Transfer Fee. If there is a transfer fee imposed by the homeowners' association 61 or any other association (e.g. a"move-in" or"move-out"fee), the fee shall be paid by the party as provided for 62 in the association documents. If the association documents do not provide which party pays the fee, the fee 63 shall be paid by❑ Buyer; 9 Seller(Seller if not filled in). 64 10. ❑ Excluded Item(s). The following item(s), that would otherwise be included in the sale of the Property, is 65 excluded from the sale ("Excluded Item(s)"). Seller shall repair any damage to the Property caused by the 66 removal of the Excluded Item(s). Excluded Item(s): 67 68 69 11. ❑ Home Warranty. Buyer and Seller acknowledge that home warranty plans are available which may provide 70 additional protection and benefits to Buyer and Seller. Buyer shall order a one-year home warranty as follows: 71 a. Home warranty provider: 72 b. Seller shall pay up to $ ($0.00 if not filled in) of the cost for the home warranty, together 73 with any included options, and Buyer shall pay any balance. 74 c. Options to be included: 75 (none, if not filled in). 76 d. Other: 77 12. ❑ Other. 78 79 80 81 82 83 84 85 rsis] 07105!2019 licul 07/06/2019 uye Init $i2019 Date �nitials Date Seller's Initials Date Seller's Initials Date 0710612019 Authentisign ID:CD94283A-E24D-4094-9794-DCOE48162484 pE/Mqx Form 22T ©Copyright 2015 Title Contingency Addendum Northwest Multiple Listing Service Rev.7/15 TITLE CONTINGENCY ADDENDUM TO ALL RIGHTS RESERVED Page 1 of 1 PURCHASE&SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated July 05,2019 1 between Steven&Debi Smith Brandon&Crystal Jennings ("Buyer") 2 Buyer Buyer and Mason County ("Seller") 3 Seller Seller concerning 441 &461 E Panorama Drive Shelton WA 98584 (the"Property"). 4 Address city State Zip 1. Title Contingency. This Agreement is subject to Buyer's review of a preliminary commitment for title insurance, 5 together with any easements, covenants, conditions and restrictions of record. Buyer shall have 5 6 days (5 days if not filled in)from 51 the date of Buyer's receipt of the preliminary commitment for title insurance; 7 or ❑ mutual acceptance (from the date of Buyer's receipt, if neither box checked) to give notice of Buyer's 8 disapproval of exceptions contained in the preliminary commitment. 9 Seller shall have 5 days (5 days if not filled in) after Buyer's notice of disapproval to give Buyer 10 notice that Seller will clear all disapproved exceptions. Seller shall have until the Closing Date to clear all 11 disapproved exceptions. 12 If Seller does not give timely notice that Seller will clear all disapproved exceptions, Buyer may terminate this 13 Agreement within 3 days after the deadline for Seller's notice. In the event Buyer elects to terminate the 14 Agreement, the Earnest Money shall be returned to Buyer. If Buyer does not timely terminate the Agreement, 15 Buyer shall be deemed to have waived all objections to title,which Seller did not agree to clear. 16 2. Supplemental Title Reports. If supplemental title reports disclose new exception(s) to the title commitment, 17 then the above time periods and procedures for notice, correction, and termination for those new exceptions 18 shall apply to the date of Buyer's receipt of the supplemental title report. The Closing date shall be extended as 19 necessary to accommodate the foregoing times for notices. 20 3. Marketable Title. This Addendum does not relieve Seller of the obligation to provide marketable title at Closing 21 as provided for in the Agreement. 22 IS is 07105/2019 �. 07/0612019 fEluYSPI Initials Date Initials Date Seller's Initials Date Seller's Initials Date 07,105/2019 07/06/2019 Authentisign to:CD94283A-E24D-4C94-9794-DCOE48162484 RF Form 35F ©Copyright 2010 Feasibility Contingency Addendum Northwest Multiple Listing Service Rev.7/10 ALL RIGHTS RESERVED Page 1 of 1 FEASIBILITY CONTINGENCY ADDENDUM The following is part of the Purchase and Sale Agreement dated July 05,2019 1 between Steven&Debi Smith Brandon&Crystal Jennings ("Buyer') 2 Buyer Buyer and Mason County ("Seller') 3 Seller Seller concerning 441 &461 E Panorama Drive Shelton WA 98584 (the"Property"). 4 Address city State Zip Feasibility Contingency. Buyer shall verify within 14 days (10 days if not filled in) after mutual acceptance 5 (the "Feasibility Contingency Expiration Date") the suitability of the Property for Buyer's intended purpose including, 6 but not limited to, whether the Property can be platted, developed and/or built on (now or in the future) and what it will 7 cost to do this. This Feasibility Contingency SHALL CONCLUSIVELY BE DEEMED WAIVED unless Buyer gives 8 notice of disapproval on or before the Feasibility Contingency Expiration Date. If Buyer gives a timely notice of 9 disapproval, then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. Buyer should not 10 rely on any oral statements concerning feasibility made by the Seller, Listing Broker or Selling Broker. Buyer should 11 inquire at the city or county, and water, sewer or other special districts in which the Property is located. Buyer's inquiry 12 shall include, but not be limited to: building or development moratoria applicable to or being considered for the 13 Property; any special building requirements, including setbacks, height limits or restrictions on where buildings may be 14 constructed on the Property; whether the Property is affected by a flood zone, wetlands, shorelands or other 15 environmentally sensitive area; road, school,fire and any other growth mitigation or impact fees that must be paid;the 16 procedure and length of time necessary to obtain plat approval and/or a building permit; sufficient water, sewer and 17 utility and any services connection charges; and all other charges that must be paid. 18 Buyer and Buyer's agents, representatives, consultants, architects and engineers shall have the right, from time to 19 time during the feasibility contingency, to enter onto the Property and to conduct any tests or studies that Buyer may 20 need to ascertain the condition and suitability of the Property for Buyer's intended purpose. Buyer shall restore the 21 Property and all improvements on the Property to the same condition they were in prior to the inspection. Buyer shall 22 be responsible for all damages resulting from any inspection of the Property performed on Buyer's behalf. 23 lid AGREEMENT TERMINATED IF NOTICE OF SATISFACTION NOT TIMELY PROVIDED. If checked, this24 Agreement shall terminate and Buyer shall receive a refund of the Earnest Money unless Buyer gives notice to Seller 25 on or before the Feasibility Contingency Expiration Date that the Property is suitable for Buyer's intended purpose. 26 [SYS] 07/05/2019 L�Q� 07/06/2019 uye InitM90512019 Date �InitiV/06/2019 Date Seller's Initials Date Seller's Initials Date Authentisign ID:CD94283A-E24D-4C94.9794-DCOE48162484 Form 42 RE^ ©Copyright 2010 Agency Disclosure Northwest Multiple Listing Service Rev.7/10 IV ALL RIGHTS RESERVED Page 1 of 1 AGENCY DISCLOSURE Washington State law requires real estate brokers to disclose to all parties to whom the broker renders real estate 1 brokerage services whether the broker represents the seller (or lessor), the buyer (or lessee), both the seller/lessor 2 and buyer/lessee, or neither. 3 This form is for use when the transaction forms do not otherwise contain an agency disclosure provision. 4 THE UNDERSIGNED BROKER REPRESENTS: Buyer, Smith&Jennings 5 THE UNDERSIGNED BUYER/LESSEE OR SELLER/LESSOR ACKNOWLEDGES RECEIPT 6 OF A COPY OF THE PAMPHLET ENTITLED "THE LAW OF REAL ESTATE AGENCY" 7 AuthentiscnS07/05/2019 I Buyer Fs&,WA " 8 7/5/20?,W&PDT Date nfisrr 07/05/2019 Buyer F 9 7,W%1 T Date r Authentiscnr lI �n 07/06/2019 Buyer 10 7rerz01Ss$_PB LU�AMe PDT Date Authenfisjcrr, 07/0612019Buyer ��sve.as 11 Signature Date BROKER Steven Smith 12 Print/Type Authenfivcrr stet lL q Scrim 07/05/2019 BROKER'S SIGNATURE J' 13 7/52019 8:56:44 PM PDT FIRM NAME AS LICENSED RE/MAX TOP EXECUTIVES 14 Print/Type FIRM'S ASSUMED NAME (if applicable) RE/MAX TOP EXECUTIVES 15 Print/Type � ISIS] P3 1] 01 Authentisign ID:CD94283A-E24DdC94.9794-DC9E46162484 BE .T THE LAW OF REAL ESTATE AGENCY This pamphlet describes your legal rights in dealing with a t =< real estate firm or broker. Please before signing any documents. The following is only a brief summary of the attached law. SEC. 1. Definitions. Defines the specific terms used in the law. SEC. 2. Relationships between Brokers and the Public. Prescribes that a broker who works with a buyer or tenant represents that buyer or tenant—unless the broker is the listing agent, a seller's subagent, a dual agent, the seller personally or the parties agree otherwise. Also prescribes that in a transaction involving two different brokers licensed to the same real estate firm, the firm's designated broker and any managing broker responsible for the supervision of both brokers, are dual agents and each broker solely represents his or her client— unless the parties agree in writing that both brokers are dual agents. SEC. 3. Duties of a Broker Generally. Prescribes the duties that are owed by all brokers, regardless of who the broker represents. Requires disclosure of the broker's agency relationship in a specific transaction. SEC. 4. Duties of a Seller's Agent. Prescribes the additional duties of a broker representing the seller or landlord only. SEC. 5. Duties of a Buyer's Agent. Prescribes the additional duties of a broker representing the buyer or tenant only. SEC. 6. Duties of a Dual Agent. Prescribes the additional duties of a broker representing both parties in the same transaction, and requires the written consent of both parties to the broker acting as a dual agent. SEC. 7. Duration of Agency Relationship. Describes when an agency relationship begins and ends. Provides that the duties of accounting and confidentiality continue after the termination of an agency relationship. SEC. 8. Compensation. Allows real estate firms to share compensation with cooperating real estate firms.States that payment of compensation does not necessarily establish an agency relationship. Allows brokers to receive compensation from more than one party in a transaction with the parties' consent. SEC. 9. Vicarious Liability. Eliminates the liability of a party for the conduct of the party's agent or subagent, unless the principal participated in or benefited from the conduct or the agent or subagent is insolvent. Also limits the liability of a broker for the conduct of a subagent. SEC. 10. Imputed Knowledge and Notice. Eliminates the common law rule that notice to or knowledge of an agent constitutes notice to or knowledge of the principal. SEC. 11. Interpretation. This law establishes statutory duties which replace common law fiduciary duties owed by an agent to a principal. SEC. 12. Short Sale. Prescribes an additional duty of a firm representing the seller of owner-occupied real property in a short sale. Authentisign ID:CD94283A-E24D-4C94-9794-DCOE48162484 [SIS] [ 13311r *1 SECTION 1: (e) The principal personally would not be obligated to disclose to the other party. DEFINITIONS. (8) "Dual agent" means a broker who has entered Unless the context clearly requires otherwise, the into an agency relationship with both the buyer and definitions in this section apply throughout this chapter seller in the same transaction. (1) "Agency relationship" means the agency (9) "Material fact" means information that relationship created under this chapter or by written substantially adversely affects the value of the agreement between a real estate firm and a buyer property or a party's ability to perform its obligations and/or seller relating to the performance of real in a real estate transaction, or operates to materially estate brokerage services. impair or defeat the purpose of the transaction. The fact or suspicion that the property, or any (2) "Agent" means a broker who has entered into an agency relationship with a buyer or seller. neighboring property, is or was the site of a murder, suicide or other death, rape or other sex crime, (3) "Broker" means broker, managing broker, and assault or other violent crime, robbery or burglary, designated broker,collectively,as defined in chapter illegal drug activity, gang-related activity, political 18.85 RCW, unless the context requires the terms to or religious activity, or other act, occurrence, or use be considered separately. not adversely affecting the physical condition of or title to the property is not a material fact. (4) "Business opportunity" means and includes a business, business opportunity, and goodwill of (10) "Owner-occupied real property" means real an existing business, or any one or combination property consisting solely of a single-family thereof when the transaction or business includes residence, a residential condominium unit, or a an interest in real property. residential cooperative unit that is the principal residence of the borrower. (5) "Buyer" means an actual or prospective purchaser in a real estate transaction, or an actual (11) "Principal" means a buyer or a seller who has or prospective tenant in a real estate rental or lease entered into an agency relationship with a broker. transaction, as applicable. (12) "Real estate brokerage services" means the (6) "Buyer's agent"means a broker who has entered rendering of services for which a real estate license into an agency relationship with only the buyer in is required under chapter 18.85 RCW. a real estate transaction, and includes sub-agents (13) "Real estate firm" or "firm" have the same engaged by a buyer's agent. meaning as defined in chapter 18.85 RCW. (7) "Confidential information"means information from (14) "Real estate transaction" or"transaction" means or concerning a principal of a broker that: an actual or prospective transaction involving a (a)Was acquired by the broker during the course purchase, sale, option, or exchange of any interest in of an agency relationship with the principal; real property or a business opportunity, or a lease or rental of real property. For purposes of this chapter,a (b) The principal reasonably expects to be kept prospective transaction does not exist until a written confidential; offer has been signed by at least one of the parties. (c)The principal has not disclosed or authorized (15)"Seller"meansanactual or prospective seller in a real to be disclosed to third parties; estate transaction, or an actual or prospective landlord (d)Would, if disclosed,operate to the detriment in a real estate rental or lease transaction, as applicable. of the principal; and (16)"Seller's agent"means a broker who has entered PAGE 2 Authantisign.ID:CD94283A-E24D-4C94-9794-DCOE48162484 - [S)SI into an agency relationship with only the seller in shall solely represent the party with whom the a real estate transaction, and includes subagents broker has an agency relationship, unless all parties engaged by a seller's agent. agree in writing that the broker is a dual agent. (17) "Subagent" means a broker who is engaged to (3) A broker may work with a party in separate act on behalf of a principal by the principal's agent transactions pursuant to different relationships, where the principal has authorized the broker in including, but not limited to, representing a party writing to appoint subagents. in one transaction and at the same time not representing that party in a different transaction involving that party, if the broker complies with this chapter in establishing the relationships for each transaction. SECTION 2: RELATIONSHIPS BETWEEN BROKERS AND THE PUBLIC. (1) A broker who performs real estate brokerage SECTION 3: services for a buyer is a buyer's agent unless the: DUTIES OF A BROKER GENERALLY. (a) Broker's firm has appointed the broker to (1) Regardless of whether a broker is an agent, represent the seller pursuant to a written agency the broker owes to all parties to whom the broker agreement between the firm and the seller, in renders real estate brokerage services the following which case the broker is a seller's agent; duties, which may not be waived: (b) Broker has entered into a subagency (a) To exercise reasonable skill and care; agreement with the seller's agent's firm, in which case the broker is a seller's agent; (b) To deal honestly and in good faith; (c) Broker's firm has appointed the broker to (c)To present all written offers,written notices and represent the seller pursuant to a written agency other written communications to and from either agreement between the firm and the seller, party in a timely manner, regardless of whether and the broker's firm has appointed the broker the property is subject to an existing contract for to represent the buyer pursuant to a written sale or the buyer is already a party to an existing agency agreement between the firm and the contract to purchase; buyer, in which case the broker is a dual agent; (d)To disclose all existing material facts known (d) Broker is the seller or one of the sellers; or by the broker and not apparent or readily ascertainable to a party; provided that this (e) Parties agree otherwise in writing after the subsection shall not be construed to imply any broker has complied with RCW 18.86.030(1)(f). duty to investigate matters that the broker has (2) In a transaction in which different brokers not agreed to investigate; affiliated with the same firm represent different (e) To account in a timely manner for all money parties, the firm's designated broker and any and property received from or on behalf of managing broker responsible for the supervision of either party; both brokers, is a dual agent, and must obtain the written consent of both parties as required under (f) To provide a pamphlet on the law of real RCW 18.86.060. In such case, each of the brokers estate agency in the form prescribed in PAGE 3 Authentisign ID:CD94283A-E24D-4C94.9794-DCOE48162484 [SPI [A 1 1 [33 RCW 18.86.120 to all parties to whom the broker (c) To advise the seller to seek expert advice renders real estate brokerage services, before on matters relating to the transaction that are the party signs an agency agreement with the beyond the agent's expertise; broker, signs an offer in a real estate transaction handled by the broker, consents to dual agency, (d) Not to disclose any confidential information or waives any rights, under RCW 18.86.020(1)(e), from or about the seller,except under subpoena 18.86.040(1)(e), 18.86.050(1)(e), or 18.86.060(2)(e) or court order, even after termination of the or(f),whichever occurs earliest; and agency relationship; and (g) To disclose in writing to all parties to whom (e) Unless otherwise agreed to in writing the broker renders real estate brokerage services, after the seller's agent has complied with before the party signs an offer in a real estate RCW 18.86.030(1)(f), to make a good faith transaction handled by the broker, whether and continuous effort to find a buyer for the the broker represents the buyer, the seller, both property; except that a seller's agent is not parties, or neither party. The disclosure shall be obligated to seek additional offers to purchase set forth in a separate paragraph entitled 'Agency the property while the property is subject to an Disclosure" in the agreement between the buyer existing contract for sale. and seller or in a separate writing entitled'Agency (2) (a) The showing of properties not owned by Disclosure.' the seller to prospective buyers or the listing (2) Unless otherwise agreed, a broker owes no of competing properties for sale by a seller's duty to conduct an independent inspection of the agent does not in and of itself breach the duty property or to conduct an independent investigation of loyalty to the seller or create a conflict of of either party's financial condition, and owes interest. no duty to independently verify the accuracy or (b) The representation of more than one seller completeness of any statement made by either by different brokers affiliated with the same firm party or by any source reasonably believed by the in competing transactions involving the same broker to be reliable. buyer does not in and of itself breach the duty of loyalty to the sellers or create a conflict of interest. SECTION 4: DUTIES OF A SELLER'S AGENT. SECTION 5: (1) Unless additional duties are agreed to in writing signed by a seller's agent, the duties of a seller's DUTIES OF A BUYER'S AGENT. agent are limited to those set forth in RCW 18.86.030 (1) Unless additional duties are agreed to in writing and the following, which may not be waived except signed by a buyer's agent, the duties of a buyer's as expressly set forth in (e) of this subsection: agent are limited to those set forth in RCW 18.86.030 (a) To be loyal to the seller by taking no action and the following, which may not be waived except that is adverse or detrimental to the seller's as expressly set forth in (e) of this subsection: interest in a transaction; (a) To be loyal to the buyer by taking no action (b) To timely disclose to the seller any conflicts that is adverse or detrimental to the buyer's of interest; interest in a transaction; PAGE 4 Authentisign ID:CD94283A-E24D-0C94-9794-DCOE48162484 [SYS] 1 (b) To timely disclose to the buyer any conflicts RCW 18.86.030(1)(f), which consent must include a of interest; statement of the terms of compensation. (c) To advise the buyer to seek expert advice (2) Unless additional duties are agreed to in writing on matters relating to the transaction that are signed by a dual agent, the duties of a dual agent beyond the agent's expertise; are limited to those set forth in RCW 18.86.030 and the following, which may not be waived except as (d) Not to disclose any confidential information expressly set forth in (e) and (f) of this subsection: from or about the buyer,except under subpoena or court order, even after termination of the (a)To take no action that is adverse or detrimental agency relationship; and to either party's interest in a transaction; (e) Unless otherwise agreed to in writing (b) To timely disclose to both parties any after the buyer's agent has complied with conflicts of interest; RCW 18.86.030(1)(f), to make a good faith and continuous effort to find a property for the buyer; (c) To advise both parties to seek expert advice except that a buyer's agent is not obligated to: on matters relating to the transaction that are beyond the dual agent's expertise; (i) seek additional properties to purchase while the buyer is a party to an existing contract to (d) Not to disclose any confidential purchase; or information from or about either party, except under subpoena or court order, even after (ii) show properties as to which there is no termination of the agency relationship; written agreement to pay compensation to the buyer's agent. (e) Unless otherwise agreed to in writing after the dual agent has complied with RCW 18.86.030(1)(f), (2) (a) The showing of property in which a buyer is to make a good faith and continuous effort to interested to other prospective buyers by a find a buyer for the property; except that a dual buyer's agent does not in and of itself breach agent is not obligated to seek additional offers the duty of loyalty to the buyer or create a to purchase the property while the property is conflict of interest. subject to an existing contract for sale; and (b) The representation of more than one buyer (f) Unless otherwise agreed to in writing after the by different brokers affiliated with the same firm dual agent has complied with RCW 18.86.030(1)(f), in competing transactions involving the same to make a good faith and continuous effort to property does not in and of itself breach the find a property for the buyer; except that a dual duty of loyalty to the buyer or create a conflict agent is not obligated to: of interest. (i) seek additional properties to purchase while the buyer is a party to an existing contract to purchase; or (ii) show properties as to which there is no SECTION 6: written agreement to pay compensation to DUTIES OF A DUAL AGENT. the dual agent. (3) (a) The showing of properties not owned (1) Notwithstanding any other provision of this by the seller to prospective buyers or the listing chapter, a broker may act as a dual agent only of competing properties for sale by a dual agent with the written consent of both parties to the does not in and of itself constitute action that is transaction after the dual agent has complied with PAGE 5 Authentisign ID:CD94283A-E24D-4C94-9794-DCOE48162484 [Sis] [JBJ] r adverse or detrimental to the seller or create a a termination does not affect the contractual conflict of interest. rights of either party. (b) The representation of more than one seller (2) Except as otherwise agreed to in writing, a by different brokers licensed to the same firm broker owes no further duty after termination of the in competing transactions involving the same agency relationship, other than the duties of: buyer does not in and of itself constitute action (a) Accounting for all moneys and property that is adverse or detrimental to the sellers or received during the relationship; and create a conflict of interest. (b) Not disclosing confidential information. (4) (a) The showing of property in which a buyer is interested to other prospective buyers or the presentation of additional offers to purchase property while the property is subject to a transaction by a dual agent does not in and of itself SECTION S: constitute action that is adverse or detrimental to the buyer or create a conflict of interest. COMPENSATION. (b) The representation of more than one (1) In any real estate transaction, a firm's buyer by different brokers licensed to the compensation may be paid by the seller, the buyer, same firm in competing transactions involving a third party, or by sharing the compensation the same property does not in and of itself between firms. constitute action that is adverse or detrimental to the buyer or create a conflict of interest. (2) An agreement to pay or payment of compensation does not establish an agency relationship between the party who paid the compensation and the broker. (3) A seller may agree that a seller's agent's firm may share with another firm the compensation paid by the seller. SECTION 7: (4) A buyer may agree that a buyer's agent's firm DURATION OF AGENCY RELATIONSHIP. may share with another firm the compensation paid by the buyer. (1)The agency relationships set forth in this chapter (5) A firm may be compensated by more than one commence at the time that the broker undertakes to party for real estate brokerage services in a real estate provide real estate brokerage services to a principal transaction, if those parties consent in writing at or and continue until the earliest of the following: before the time of signing an offer in the transaction. (a) Completion of performance by the broker; (6) A firm may receive compensation based on the (b) Expiration of the term agreed upon by the purchase price without breaching any duty to the parties; buyer or seller. (c) Termination of the relationship by mutual (7) Nothing contained in this chapter negates the agreement of the parties; or requirement that an agreement authorizing or employing a broker to sell or purchase real estate (d) Termination of the relationship by notice for compensation or a commission be in writing from either party to the other. However, such and signed by the seller or buyer. PAGE 6 Authentlsign ID CD94263A-E24D�C94.9794-000E46162484 LJ rcis� rJqJ� L SECTION 9: SECTION 11: VICARIOUS LIABILITY. INTERPRETATION. (1) A principal is not liable for an act, error, or The duties under this chapter are statutory duties omission by an agent or subagent of the principal and not fiduciary duties. This chapter supersedes arising out of an agency relationship: the fiduciary duties of an agent to a principal under (a) Unless the principal participated in or the common law. The common law continues authorized the act, error, or omission; or to apply to the parties in all other respects. This chapter does not affect the duties of a broker (b) Except to the extent that: while engaging in the authorized or unauthorized practice of law as determined by the courts of this (i) the principal benefited from the act, error, state.This chapter shall be construed broadly. or omission; and (ii) the court determines that it is highly probable that the claimant would be unable to enforce a judgment against the agent or subagent. (2)A broker is not liable for an act,error, or omission of a subagent under this chapter, unless that broker SECTION 12: participated in or authorized the act, error or SHORT SALE. omission.This subsection does not limit the liability of a firm for an act, error, or omission by a broker licensed to the firm. When the seller of owner-occupied residential real property enters into a listing agreement with a real estate firm where the proceeds from the sale may be insufficient to cover the costs at closing, it is the responsibility of the real estate firm to disclose to the seller in writing that the decision by any beneficiary or mortgagee,or its assignees,to release its interest SECTION 10: in the real property, for less than the amount the borrower owes, does not automatically relieve the IMPUTED KNOWLEDGE AND NOTICE. seller of the obligation to pay any debt or costs remaining at closing, including fees such as the real (1) Unless otherwise agreed to in writing,a principal estate firm's commission. does not have knowledge or notice of any facts known by an agent or subagent of the principal that are not actually known by the principal. (2) Unless otherwise agreed to in writing, a broker does not have knowledge or notice of any facts known by a subagent that are not actually known by the broker. This subsection does not limit the © Copyright 2013 knowledge imputed to the designated broker or any Northwest Multiple Listing Service managing broker responsible for the supervision of Revised July 2013 the broker of any facts known by the broker. RCW 18.86.120 PAGE 7 i a s i n1 / RECENT `NATER RIGHTS COURT DECISION October 19, 2016 REALTORS and their clients should be aware of a recent State Supreme ISIS] Court decision that will have a significant impact on the ability of landowners to use new private wells for residential development. Under this new decision,single private wells for Background on the Decision: PC311 new homes may be denied by local governments for In Whatcom County v.Western Washington Growth causing impacts to instream flow levels adopted by the Management Hearings Board,No.91475-3, the �� Department of Ecology Whether or not a property Supreme Court ruled that Whatcom County's GMA has legal water supply is a legal determination— Comprehensive Plan and development regulations REALTORS*should not give legal advice regarding violated the GMA by failing to ensure that new whether an undeveloped parcel has adequate water private wells did not impair the Nooksack River supply. Instream Flow regulation adopted by the State The decision may be subject to different Department of Ecology, interpretations by different counties,so it is too soon The Court further ordered that to meet the legal to tell exactly how the decision will impact building water availability requirement in the state building permit applications relying on new private wells code at RCW 19.27.097,local governments must for water supply. The decision is likely to have the review proposed new private wells for impairment of greatest impact on counties in Western Washington senior water rights and instream flows. This decision due the type of rules adopted by Department of reversed the earlier decision of the Court of Appeals, Ecology in many Western Washington counties. which held that local government review of water availability must ensure consistency with Department T1ie question of whether a proposed water source meets the legal availability requirement in RCW of Ecology regulations—but that local governments are not obligated to exceed the requirements of state 19.27.097 is a legal question. REALTORS'should regulations. The decision does not affect wells that are ensure that their clients receive qualified advice on currently in use by existing homes,but likely affects these issues. Advise your client, in writing,to seek the wells that have been drilled but not yet reviewed advice of a water specialist(lawyer,hydrogeologist, tinder RCW 19.27.097. etc.) Second, appropriate vacant land forms should be used to explicitly allocate the Bury to investigate In the case of the Nooksack Basin Instream Flow legal adequacy of water supply for the property. The ! Rule(WAC Chapter 173-501), the actual flow levels statewide purchase agreement advises buyers to insure often do not meet the"minimum flow" level set by adequate water supply to the property and Form the Ecology regulation. However, the instream flow ! 22L&A includes contingency language related to regulation specifically exempts new single domestic confirming water supply. I Washington REALTORS' • 504 1.4th Avenue SE.,#200, • Olympia,WA 98501 www.warealror.org • tel: 1-800-562-6024 wells from any review by the County or State. The exemption in Ecology's Nooksack regulation is consistent ISIS] with state law, as RCW 90,44.050 exempts new small domestic wells from permit review and thus no impairment review is required. [A The Supreme Court's decision makes all new private wells subject to impairment review and directs counties to conduct this review, Washington REALTORS"strongly disagrees with this decision, as it is directly contrary to the state's water code,Ecology's regulations,and the requirements of the Growth Management Act. REALTORS',along with the Building Industry Association of Washington and Washington Farm Bureau,filed an amicus brief in this case supporting Whatcom County,and arguing that state lav requires r local regulation of water supply to be consistent with—but not exceed—state laws and regulations, Even though the case originated in Whatcom County, it is likely to impact other counties as the Court's pronouncements regarding the obligation of local governments to review impairment of instream flows do not appear limited to Whatcom County. The regulatory structure in place in Whatcom County is similar to the structure in many other Western Washington counties,and those counties are likely implicated by the decision. While there will be a strong legislative response against the Court's decision, it could take months or years for this decision to be modified or clarified by the Legislature or further litigation. The Department of Ecology and counties throughout Washington State are currently reviewing the decision to determine what type of water review process will be adopted at the county level to comply with the decision until it can be modified. i i Washington REALTORS' 504 14th Avenue SE.,#200, Olympia,Vl k 98501 www.warealtor,org • tel: 1-800-562-6024 Authentisign ID:CD94283A-E24D-4C94.9794-DCOE48162484 07/05/2019 [SYS] 07/05/2019 ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE A 07/06!2019 C�q� 07/06/2019 EXHIBIT "A" L J Legal Description: Lot four(4), Block two(2), Shorecrest Terrace 3rd Addition,Volume 5 of Plats, pages 92 and 93, records of Mason County,Washington. Parcel No. 32021 56 02004 Abbreviated Legal: Lot 4, BLK 2, Shorecrest Terrace Third Addn. Parcel No(s): 32021-56-02004 Purported Address: None assigned, WA This page is only a part of a 2016 ALTA®Commitment for Title Insurance. This Commitment is not valid without the Notice;the Commitment to Issue Policy;the Commitment Conditions;Schedule A;Schedule B,Part I-Requirements;and Schedule B,Part li-Exceptions. ORT Form 4690 WA 08101/16;TC 0410218 Schedule A ALTA Commitment for Title Insurance Page 2 of 2 Authentisign ID:CD94283A-E24D-4C94-9794-DCOE48162484 Isis]ALTA COMMITMENT FOR TITLE INSURANCE 07/05/2019 07/05/2019 SCHEDULE A [A EXHIBIT "A" 07/06/2019 [j'3 07/06/2019 Legal Description: Lot three (3), Block two(2), Shorecrest Terrace Third Addition,Volume 5 of Plats, pages 92 and 93, records of Mason County, Washington. Parcel No. 32021 56 02003 Abbreviated Legal: Lot 3, BLK 2, Shorecrest Terrace Third Addn. Parcel No(s): 32021-56-02003 Purported Address: None assigned, WA This page is only a part of a 2016 ALTA®Commitment for Title Insurance. This Commitment is not valid without the Notice;the Commitment to Issue Policy;the Commitment Conditions;Schedule A;Schedule 8,Part I-Requirements;and Schedule 8,Part 11-Exceptions. ORT Form 4690 WA A 08101/16;TC 04/0218 Schedule A ALTA Commitment for Title Insurance Page 2 of 2 Richard Beckman Vacant Land Agent Detail Report Page 1 of 2 Listing# 1416182 441 E Panorama Dr,Shelton 98584 STAT: Active LP: $5,000 County: Mason LT: 4 BLK: 5 CMTY: Shorecrest � PRJ: Shorecrest Terrace 3rd Type: Vacant Land CDOM: 115 AR: 176 TAX: 320215602004 OLP: $5,000 MAP: GRD: Internet: Yes � A DD: Hwy 3,Right on Agate,right on FIN: A : Crestview,left on Panorama to address on LD: 03/15/2019 - left. XD: 10/16/2019 OMD: Richard Beckman 55681 360 790-1921 LAG: ( ) PH. ( ) FAX: (360)426-1645 PH Type: Cellular LO: Richard Beckman Realty Group(4537) PH: (360)426-5521 SOC: 4 Cmnts: CLA: PH: ZJD: County SKS: No CLO: PTO: Yes F17: Exempt ZNR: RR5 QTR/SEC: 21203 OTVP: OWN: Mason County GZC: Residential OPH: (360)427-9670 OAD: Shelton,WA POS: Closing TX$: $0 TXY: 2018 SNR: No ATF: TRM: Cash Out,Conventional TER: STY: 40-Res-Less thn 1 Ac WRJ: Shorecrest Right of First Refusal: No ACR: 0.190 LSF: 8,276 LSZ: 70x125x60x12 WFG: DOC: WFT: LDE: Paved Street VEW: HOA: RD: North RDI: County Maintained,County Right of Way,Paved IMP: FTR: Brush,Evergreens TPO: Sloped SLP: LVL: Community Features: CCRs,Clubhouse,Community Waterfront/Pvt Beach WTR: In Street SFA: No ESM: GAS: Not Available STD: SUR: ELE: In Street SDA: No SST: SWR: Not Available SDI: No SDD: SDX: SD: Pioneer#402 EL: Pioneer Primary Sch JH: Pioneer Intermed/Mid SH: Shelton High 3rd PartyAprvl Req: None Bank/REO Owned Y/N: No Agent Only Remarks: Possibly acquired through tax foreclosure.Maybe subject to redemption.Title insurance may not be available and title maybe transferred with a bargain and sale deed.Buyer shall pay for title insurance.Please use Mason County Title order#20191718 Marketing Remarks: This gentle sloping lot,located in Shorecrest,offers protective CC&R's,community swimming pool, saltwater access and clubhouse.This property is covered with trees and brush. Information Deemed Reliable But Cannot Be Guaranteed. Lot Sizes and Square Footage Are Estimates. 07/08/2019- 4:11 PM Richard Beckman Vacant Land Agent Detail Report Page 2 of 2 Listing# 1416177 461 E Panorama Dr,Shelton 98584 STAT: Active LP: $5,000 County: Mason LT: 3 BLK: 2 CMTY: Shorecrest lie,X A r! R Y `' $ PRJ: Shorecrest Terrace 3rd Type: Vacant Land CDOM: 115 rY AR: 176 TAX: 320215602003 OLP: $5,000 EMAP: GRD: Internet: Yes DD: Hwy 3,Right on Agate,right on FIN: Crestview,left on Panorama to address on LD: 03/15/2019 left. XD: 10/16/2019 OMD: �=- LAG: Richard Beckman(55681) PH: (360)790-1921 FAX: (360)426-1645 PH Type: Cellular fi LO: Richard Beckman Realty Group(4537) PH: (360)426-5521 SOC: 4 Cmnts: as s- .a CLA: PH: ZJD: County SKS: No CLO: PTO: Yes F17: Exempt ZNR: RR5 QTR/SEC: 21203 OTVP: OWN: Mason County GZC: Residential OPH: (360)427-9670 OAD: Shelton,WA POS: Closing TX$: $0 TXY: 2018 SNR: No ATF: TRM: Cash Out,Conventional TER: STY: 40-Res-Less thn 1 Ac WRJ: Shorecrest Right of First Refusal: No ACR: 0.210 LSF: 9,148 LSZ: 76x127x60x13� WFG: DOC: WFT: LDE: Paved Street VEW: HOA: RD: North RDI: County Maintained,County Right of Way,Paved IMP: FTR: Brush,Evergreens TPO: Sloped SLP: LVL: Community Features: CCRs,Clubhouse,Community Waterfront/Pvt Beach WTR: In Street SFA: No ESM: GAS: Not Available STD: SUR: ELE: In Street SDA: No SST: SWR: Not Available SDI: No SDD: SDX: SD: Pioneer#402 EL: Pioneer Primary Sch JH: Pioneer Intermed/Mid SH: Shelton High 3rd Party Aprvl Req: None Bank/REO Owned Y/N: No Agent Only Remarks: Possibly acquired through tax foreclosure.May be subject to redemption.Title insurance may not be available and title maybe transferred with a bargain and sale deed.Buyer shall pay for title insurance.Please use Mason County Title order#20191721 Marketing Remarks: This gentle sloping lot,located in Shorecrest,offers protective CC&R's,community swimming pool, saltwater access and clubhouse.This property is covered with trees and brush. Information Deemed Reliable But Cannot Be Guaranteed. Lot Sizes and Square Footage Are Estimates. 07/08/2019- 4:11 PM RESOLUTION NO. APPROVAL OF SALE OF PROPERTY WHEREAS, Mason County owns the tax title parcels #32021-56-02003 and 32021-56-02004, located on E Panorama Drive, Shelton WA; and WHEREAS, an auction was held October 12-15, 2018 in an attempt to sell the above listed parcel per RCW 36.35.120 with no bids; and WHEREAS, per RCW 36.35.150(1)(d.) Tax Title Parcels can be sold by direct negotiation for twelve months after an attempted auction; and WHEREAS, the Board of County Commissioners, upon the recommendation of the Property Manager, has determined that the property is surplus to the needs of the County; and WHEREAS, Mason County has received an offer to purchase both properties in the total amount of $11,000 and a public hearing was held on August 13, 2019 to consider the offer; NOW, THEREFORE, BE IT FURTHER RESOLVED by the Mason County Board of County Commissioners that sale of the property described above (parcels 32021-56-02003 and 32021-56-02004) is approved at the price of$11,000; and BE IT FURTHER RESOLVED, that the proceeds of the sale of said property are to be dedicated first to any delinquent property tax obligations and related penalties, expenses and assessments; and next to reimbursement of the Property Management expenses; and finally, to the Current Expense Fund; and BE IT FURTHER RESOLVED, that the Chair of the Commission is authorized to sign the related closing documents and the Property Manager initiate payment of 8% fee of sale price to the County's real estate agent. DATED this 3rd day of September, 2019. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY, WASHINGTON Melissa Drewry, Clerk of the Board Kevin Shutty, Chair APPROVED AS TO FORM: Sharon Trask, Vice-Chair Tim Whitehead, Chief DPA Randy Neatherlin, Commissioner